508 CONGRESSIONAL RECORD-SENATE. JANUARY·25, ... By Mr. CATCHINGS: Papers in claim of John B. Brabston, .By Mr. OATES: Papers in the claim of Henry C. Russell, of of Warren County, Mississippi-to the Committee on War Claims. Barbour County, Ala.-to the Committee on War Claims. By Mr. CHEATHAM: Papers in claim of Peter Andrews, of By Mr. O'NEILL of Missouri: Petition of Labor Assembly Jones County, North Carolina-totheCommitteeon War Claims. 2389, Knights of Labor, of Washington, D. C., asking for passage ·- By Mr. COOLIDGE: Petitionofcitizens representing the First of bill to have investigation in regard to slums of cities of over Congregational Church, of Greenfield, Mass., against the open­ 200,000 inhabitants; of No. 3837, of same organization, inthesame ing of the Columbian Exposition on the Lord's Day-to theSe­ city; of No. 5549, of same organization, of the same city; of No. lect Committee on the Columbian Exposition. 1798, of the same organization, of the same cityf, or the same pur­ By Mr. COVERT: Petition of H; W. Prince and others, for the pose-to the Committee on Labor. improvementof Southold Harbor, New York-to the Committee By Mr. O'NEILL of Pennsylvania: Papers to accompany bill on Interstate and Foreign Commerce.. . for the relief of the owners of schooner Walter B. Chester-to By Mr. CROSBY: Report relating to House bill 1084, for the the Committee on Claims. relief of Michael Keefe-to the Committee on Military Affairs. ByMr. PARRETT: Petition of P.H. Carroll, recording sec­ By Mr. ELLIS: Affidavits and proof to accom.l?any bill tore­ retary of District Assembly No. 58, Evansville, Ind., requesting - move charge of desertion against William ---to the Com­ the passage of a bill authorizing the collection of statistics rela­ mittee on Military Affairs. tive to the "slums" of cities containing over 200,000 inhabitants­ By Mr. EVERETT: Papers in the claim of William M. James, to the Committee on Labor. Walker County, Ga.; of Martha A. E. Rice, widow of. Fleming By Mr. PEEL: Papers in the claim of Gilbert Cohee, of Wash­ Rice, of Floyd County; of William P. Hackney, of Whitefield ingtonCounty, Ark.; of Obad C.Cate, of HarrietT. Simpson, and County, and of Lindsey Ashworth, of the same county and State­ of Martha J. Pyeatt, of the same county and State-to the Com­ to the Committee on War Claims. mittee on War Claims. By Mr. GEARY: Memorial of the Chamber of Commerce of By Mr. RAYNER: Memorial of the East Baltimore Business Eureka,Cal.,fortheimprovementof HumboldtBay-totheCom­ Mens Association, to pass a bill for the transfer of the Revenue mittee on Rivers and H~bors. Cutter Service to the naval establishment-to the Committeeon By Mr. GILLESPIE: Petition of members of Baptist, Presby­ Interstate and Foreign Commerce. ~ terian, and Congregational Churches of Sharon, Pa., asking that By Mr. RICHARDSON: Papers in the claim of Giles Huds­ the Columbian Exposition may be closed on the Sabbath day­ peth,ofLimestoneCounty,Ala.-totheCommitteeonWarClaims. to the Select Committee on the Columbian Exposition. By Mr. SANFORD: Petition of Woman's Christian Temper­ By Mr. GRADY: Papers in the claim of William Rose, of ance Union (Department of Sabbath Observance), signed by 80 Wayne County, N. C.; of Benjamin J. Futerill, of the same citizens of Sarato~a Springs, N.Y., asking that no exposition or county; <5f James Williams, of Matthew M. Jones, sr., and of exhibition for which appropriations are made by Congress shall Epsie Jackson, of the same county; of Flora I. Campbell, of Har­ be open on Sundays-to the Select Committee on the Columbian nett County; of Daniel L. Smith, of Cumberland County, and of Exposition. Malcom McAuthur, of the same county an State-to the Commit- By Mr. SPERRY: Petition of citizens of North Bloomfield, tee on War Claims. · Conn., in favor of free delivery of mails in the country districts; By Mr. HAYES: Petition of Walter I. Hayes, for allowance of also, three petitions from citizens of Tolland County; also, ten pe­ one year's salary to estate of Alexander Clark, deceased, late titions from citizens of Hartford County, in the same State, for minister to Liberia-to the Committee on Appropriations. the same purpose-to the Committee on the Post-Office and Post­ Also, two petitions and other papers accompanying, to be filed Roads. with bill to mcrease the pension of George Shackelford-to the By Mr. STOCKDALE: Papers in the claim of Gotleib Linder­ Committee on Invalid Pensions. myer-to the Committee on War Claims. By Mr. HOAR: Papers including evidence, copies of docu­ By Mr. TERRY: Papers in the claim of William Barnes, of Se­ ments to accompanying House bill4111, to correct the record of bastian County, Ark.; of Rebecca McCraw, of the same State; of E. E. Rankin-to the Committee on Military Affairs. Christian Roesch, of Pulaski County; ofW. W. Adams an~ others, Also, petition, evidence, etc., to accompany House bill1443, for administrators.of Henry Keatts; of F. T. Gibson, administrator the relie~ of Eliza J. Mead-to the Committee on Invalid Pen­ of Maria E. The"bault, of the same county and State-to the Com­ sions. mittee on War Claims. Also, papers to accompany House billl446, to correct the record By Mr. TURPIN: Papers in the claim of William H. Linam, of William F. Peck-to the Committee on Naval Affairs. of Wilcox County, Ala.-to the Committee on War Claims. By M:r_. HUFF: Petition of the Presbyterian Church Synod By Mr. WAUGH: Papers to accompany House bill1262, to cor­ representing Pennsylvania and West Virginia, requesting that rect the military record of George A. Marks-to the Committee the Columbian Exposition be not opened on Sunday, and protest­ on Military Affairs. mg against any appropriation of money for its encouragement if By Mr. WILLIAMS of illinois: Affidavit for the relief of. their request is not complied with-to the Select Committee on James K. Rainey-to the Committee on Military Affairs. the Columbian Exposition. By Mr. WILSON of Missouri: Petition of the president and By Mr. JOHNSON of Ohio: Petition of 25 citizens of Cleve­ secretary of the National Association of Veterans of the Mexican land, Ohio, praying for the relief of the Kaweah colony-to the War, praying for an amendment to the general pension law (ap­ Committee on the Public Lands. proved June 27, 1890), extending the provisions of said law to the By Mr. LESTER of Virginia: Petition of citizens of Danville, survivors and widows of the Mexican war veterans in all respects Va., for amendment to the law governing the manufacture and from date of it~ passage-to the Committee on Pensions. sale of tobacco-to the Committee on Ways and Means. By Mr. McRAE: Papers in the claim of Oliver P. Lister and Martha Harrison, of Garland County, Ark.-to the Committee on WarClaims. SENATE. By Mr. MARTIN: Papers to accompany House billl690, for the 1\IONDAY, January 25, 1892. , relief of Lewis Deems-to the Committee on War Claims. Also, papers to accompany House billl693, for the relief of Elias Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. D. Pierce-to the Committee on Claims. The Journal of the proceedings of Thursday last was read and Also, papers to accompany House bill1691, for the relief of Elias approved. D. Pierce-to tbe Committee on Claims. EXECUTIVE COMMUNICATIONS. By Mr. MANSUR: Petition to accompany House bill 4371, for The VICE-PRESIDENT laid before the Senate a communica­ the reli.ef of William J. Ford-to the Committee on Invalid Pen­ tion from the Secretary of War, transmitting a report of Maj. E. sions. M. Coates, Nineteenth Infantry, on the condition of the Mackinac By Mr. MEYER: Papers in claim of Charles T. Reeder, of National Park, in Michigan, for the year ending December 31, Orleans Parish, La.; of William Hennessy, of Algiers, in the 1891; which, with the accompanying papers, was referred to the same State-to the Committee on War Claims. Committee on Military Affairs, and ordered to be printed. By Mr. MILLIKEN: Petition of James T. Carr, for removal of He also laid before the Senate a communication from the Sec­ record of desertion-to the Committee on Military Affairs. retary of the Treasury, stating that in response to directions con­ Also, proofs in the case of Mathew A. Oullnan-to the Com­ tained in the second paragraph of chapter 549, second session, mittee on Invalid Pensions. Fifty-first Congress, page 1083, United States Statutes at Large, Also, petition of H. M. Savage for relief-to the Committee on volume 26, referring to amendments to sections 4488 and 4489, Claims. Revised Statutes, relating to "line-carrying projectiles and the · By Mr. MORSE: Petition of Miss AgnesL. Sherman and other means of propelling them," he had issued, in writing, directions · members of the Young People's Society of Christian Endeavor, to convene the Board of Supervising Inspectors in extra session of North Marshfield, Mass., praying for the suppression of the in this city, to aid the Secretary in carrying out the act of Con­ alcoholi~ liquor traffic-to the Select Committee on the Alcoholic gress; which, with the accompanying papers, was referred to the Liquor Traffic. Committee on Commerce, and ordered to be printed. 1892. - CONGRESSIONAL RECORD-SENATE. 509 . REPORT OF BRIGHTWOOD RAILWAY COMPANY. praying that boai,ds of arbitration may be prov1d~d for the set­ The VICE-PRESIDENT laid before the Senate the annual tlement of all difficulties within our borders or with other nations; report of the Brightwood Railway Company of the District of which was referred to the Committee on Foreign Relations. ·' Columbia for 1891; 'Which was referred to the Committee on the Mr. CULLOM presented a petition of the Gulf and Chicago District of Columbia, and order to be printed. Rail way Company of Alabama, praying for an examination and investigation of the act of Congress approved September 4, 1841, GEORGETOWN BARGE, DOCK, ELEVATOR, AND RAILWAY COM­ providing for the disposition of the 2 per cent of net proceeds PANY. - of lands sold b:v the United States in Alabama since December 1, The VICE-PRESIDENT laid before the Senate the annual re­ 1819, etc.; which was referred to the Committee on the Judiciary. port of the Georgetown Barge, Dock, Elevator, and Hallway Com­ He also presented a petition of the Prayer Union Assembly of pany of the District of Columbia; which was referred to the Com­ the Methodist Episcopal, Cumberland Presbyterian, and Chris­ . mittee on the District of Columbia, and ordered to be printed. tian Churches of Girard, ill., praying that an appropriation of GEORGETOWN AND ARLINGTON RAILROAD COMPANY. $5,000,000 be made in aid of the World's Columbian Fair on con­ The VICE-PRESIDENT laid before the Senate a statement dition that the exposition be closed on Sunday; which was referred of the receipts and expenditures of the Georgetown and Arling­ to the Committee on the Quadro-Centennial (Select). ton Railroad Contpany of the District of Columbia; which was Mr. HOAR presented the petition of S. F. Sprague and other referred to the Committee on the District of Columbia, and or­ members of the First Congregational Church of Greenfield, Mass., dered to be printed. praying that a loan to the World's Columbian Fair be made on condition that the exposition shall be closed on Sunday; which GEORGETOWN AND TENNALLYTOWN RAILWAY COMPANY. was referred to the Committee on the Quadro-Centennial (Select). The VICE-PRESIDENT laid before the Senate a communica­ Mr. FAULKNER presented the petition of Henry Fisher and tion from the Georgetown and Tennallytown Railway Company of 47 other citizens of Mason County, W.Va., praying for the pas­ the District of Columbia, inclosing a list of the stockholders of sage of what is known as the Butterworth option bill; which was that corporation; which was referred to the Committee on the referred to the Committee on AgricultUre and Forestry. District of Columbia, and ordered to be printed. He also presented the petition of J. McMillin and 47 other PETITIONS AND MEMORIALS. citizens of Mason County, W.Va., praying for the passage of The VICE-PRESIDENT presented a communication from H. the Conger lard bill; which was referred to the Committee on 0. Shepard, secretary, transmitting a petition of the Muscogee Agriculture and Forestry. (Ind. T.) Bar Association, praying for the passage of a bill fix­ Mr. TURPIE presented the petition of Catharine Dillow, of ing the salary of the judge of the United States cou~t in the In­ Logansport, Ind., praying to be allowed a widow's pension; which dian Territory at $5,000 per annum; which was referred to the was referred to the Committee on Pensions. Committee on the Judiciary. He also presented the petition of John Frets, of Auburn, Ind., He also presented a petition of citizens of Clayton County, Iowa, praying to be granted a pension; which was referred to the Com­ praying for the passage of the Conger lard bill; whicli was re­ mittee on Pensions. ferred to the Committee on Agriculture and Forestry. He also presented a memorial of sundry churches of Princeton, He also presented a petition of citizens of Clarton County, Ind., comprising 975 members, remonstrating against the open­ Iowa, praying for the passage of the so-called ' option bill;' ing of the World'sColumbianFaironSunday; which was referred which was referred to the Committee on Agriculture and For­ to the Committee on the Quadro-Centennial (Select). estry. Mr. VILAS presented a petition of the Board of Trade of Ar­ He also presented a petition of the Sixteenth Legislative As­ cadia, Wis., praying for a reduction of letter postage; which was sembly of the Territory of Arizona, praying for legislation to con­ referred to the Committee on Post-Offices and Post-Roads. fine the numerous bands of Navajo Indians within the limits of He also presented a petition of A. J. Kinney and other citi­ their reservation; which was referred to the Committee on In­ zens of St. Croix County, Wis., and the petition of M.A. Ful­ dian Affairs. ton and 30 other citizens of St. Croix County, Wis., praying for Mr. SHERMAN presented a petition of the Central Labor the free bimetallic coinage of gold and silver; wh1ch was re­ Union of Cleveland, Ohio, praying for the passa'~ of an amend­ ferred to the Committee on Finance. ment to the Constitution of the United States providing for the Mr. VEST presented the petition of J. W. Draffen and other election of President andVice-President by a direct vote of the citizens of Boonville, Mo., praying for the passage of an amend­ people; which was referred to the Committee on Privileges and ment to section 26 of the tariff and tax law approved by the Presi­ Elections. · dent October 1, 1890, in regard to leaf tobacco; which was re­ '· He also presented a petition of. twenty tobacco firms of Cin­ ferred to the Committee on Finance. cinnati, Ohio, praying- for an amendment to the tariff and tax He also presented a petition of the Synod of the Southern law in reference to the internal-revenue tax on tobacco-dealers; Presbyterian Church of Missouri, convened at Fulton October which was referred to the Committee on Finance. 16, 1891, praying that the Columbian ~xposition be closed on He also presented a petition of Summit Council, No. 19, Order Sunday; which was referred to the Committee on the Quadro­ of United American Mechanics, of Akron, Ohio, prayingfor the Centennial (Select). prohibition of foreign immigration except under certain condi­ Mr. MANDERSON. I present a memorial signed by the trus­ tions set forth in the petition; which was referred to the Com­ tees of the estate of the late W. W. Corcoran, the trustees of the mittee on Immigration. estate of the late Lucius Tuckerman, and representatives of the He also presented a petition of 36 citizens of Union County, estate of Mr. Riggs, Mr. Justice Gray, and numerous other prop­ Ohio, praying for the passage of the Butterworth option bill; erty-owners on I street, protesting against the passage of the which was referred to the Committee onAgriculture and Forestry. bill proposing to construct a street railway along I street and out He also presented a petition of certain letter-carriers of Pitts­ Seventeenth street, known, I believe, as the "Zoo" Street Rail­ burg, Pa., praying that an increase of salary be allowed to per­ wayscheme. sons in that service undercertainconditions; which was referred The memorial sets forth in proper language reasons for the 1- to the Committee on Post-Offices and Post-Roads. protest, and calls attention to the fact that this is another of the He also presented a petition of the United Presbyterian Con­ numerous efforts which have been made to advance the purposes gregation of Martins Ferry, Ohio; a petition of the United Pres­ of outside lot speculators to the ruin of inside property, and I byterian Church of Richmond, Ohio; a petition of the United earnestly hope that the present efficient Committee on the Dis­ Presbyterian Church ofClearport, Ohio; a petition of the United trict of Columbia will see that none of these schemes is carried Presbyterian Church of East Liverpool, Ohio; a petition of the out to improper success. . United . Presbyteria~ Church of Qarrolltown, Ohio; a petition of The VICE-PRESIDENT. The memorial will be referred to the United Presbyterian Church of Pleasant Hill, Ohio; a peti­ the Committee on the District of Columbia. tion of the United Presbyterian Church of East Union, Ohio; Mr. CAMEHON presented a memorial of the Synod of Penn­ and a petition.of the United Presbyterian Church of Morgan­ sylvania, comprising the Presbyterian churches of Pennsylva­ ville, Ohio, praying for the passage of legislation looking to the nia and West Virginia, remonstrating against Government aid closing of the World's Columbian Fair on Sunday; which were for the World's Columbian Fair unless it is closed on Sunday; referred to the Committee on the Quadro-Centennial (Select). which was referred t-o the Committee on the Quadro-Centennial Mr. CASEY presented a petition Qf 37 citizens of Fargo, N. (Select). Dak., praying that the public land la.-v of March 3,1891, so far Mr. WILSON presented the petition of 13 citizens of Emmet as it relates to timber culture, be amended so as to extend its County, Iowa, praying for the passage of the bill known in the . benefits to nonresident widows and orphans; which was referred Fifty-first Congress as the Conger lard bill; which was referred to the Committee on Public Lands. to the Committee on Agriculture and Forestry. Mr. DIXON presented a petition of the World's and Nat~onal Mr. WILSON. I present a petition of 19 citizens of Warren Woman's Christian Temperance Union, adopted at their conven­ County, Iowa, and a petition of 13 citizens of Emmet County, tions held in FaneuiJ Hall and Tremont Temple, Boston, Mass., Iowa, praying for the passage of a bill similar to the one know. ,..

510 CONGRESSIONAL RECORD-SENATE. JANUARY 25,

in the Fifty-first Congress as the Butterworth option bill. I REPORTS OF COMMITTEES. move the reference of the petitions to the Committee on Agri­ · Mr. FAULKNER, from the Committee on Claims, to whom culture and Forestry. were referred the following bills, reported them severally \vith­ Mr .. WASHBURN. I wish to suggest to the Senator from out amendment, and submitted reports thereon: , Iowa that the petition in regard to the option bill so called had A bill (S. 268) for the relief of C. M. Shaffer; better go to the Judiciary Committee, as the bill on that subject A bill (S. 657) for the relief of the estate of A. H. Herr, de­ has already been referred to the Committee on the Judiciary. ceased, late of the District of Columbia; Mr. WILSON. !have no objection to that reference. A bill (S. 284) for the relief of William F. Wilson; Mr. PADDOCK. In regard to the suggestion of the Senator A bill (S. 276) for the relief of the trustees of the Methodist from Minnesota, I wish to say that I understood that the peti­ Episcopal Church of Martinsburg, W.Va.; tions presented by the Senator fromiowa related also to the Con­ A bill (S. 1061) for the relief of the legal represent-atives of ger lard bill. Lewis W. Washington, deceased; Mr. WILSON. That was a separate petition. A bill (S.1062) to refund to the State of West Virginia the Mr. PADDOCK. All right. money paid to officers of the One hundred and thirty-third Regi­ I • The VICE-PRESIDENT. The petitions will be referred to ment West Virginia Militia for services rendered during the re- the Committee on the Judiciary. bellion; and, • :Mr. PADDOCK presented a petition of subordinate Alliance A bill (S. 273) for the relief of the trustees of St. Josephs Cath­ No. 806, of Saunders County, Nebr., officiallysigned,prayingfor olic Church at Martinsburg, W.Va. the passage of the antioption bill and the Conger lard bill; which Mr. HOAR, from the Committee on the Judiciary, to whom was was referred to the Committee on Agriculture and Forestry. referred the bill (H. R. 9) to define and punish blackmailing, re­ Mr. HALE presented the petition of Ann G. Blackington, of ported it without amendment. ,j Rockland, Me., praying to be allowed arrears of pension; which He also, from the same committee, to whom was referred the was referred to the Committee on Pensions. joint resolution (S. R. 27) providing that the statute of limitations Mr. ALLISON presented the petition of F. L. Dow and other shall not be interposed as a defense by the United States in the citizens of Clarion, Iowa; the petition of W. H. Merry and other Court of Claims in suits wherein laborers, workmen, and mechan­ citizens of Woodbury County, Iowa; the petition of A. T. Dille ics are.seeking to recover for wages due, asked to be discharged and other citizens of Allamakee County, Iowa; the petition of from its further consideration and thatit be referred totheCom­ H. Hoartz and other citizens of Iowa; the petitiOn of Jacob Doll mittee on Education and Labor; which was agreed to. and other citizens of Black Hawk County, Iowa; the petition of Mr. GALLINGER, from the Committee on the District of Co­ John Borman and other citizens of Sac County, Iowa; the peti­ lumbia, to whom was referred the bill (S 661) for the regulation tion of Henry Kaehn and other citizens of Clayton County, Iowa; of the practice of dentistry in the District of Columbia rui.d for and the petition of J. F. Sanders and other citizens of Benton the protection of the people from empiricism in relation thereto, County, Iowa, praying for the passage of what is known as the reported it with amendments, and submitted a report thereon. antioption bill; which were referred to the Committee on the Ju­ Mr. SAWYER, from the Committee on Post-Offices and Post­ diciary. Roads, to whom was referred the bill (S. 460) for the relief of the He also presented the petition Alex. Galbraith and other citi­ legal representatives of George K. Otis, deceased, reported it zens of Sac County, Iowa, praying for the passage of what is com­ without amendment, and submitted a report thereon. monly known as the Conger lard bill; which was referred to the Mr. VEST,from the Committee on the Judiciary, to whom was Committee on Agriculture and Forestry referred the bill (H. R. 435) to provide an additional mode of He also presented the petition of J. A Farrington and other taking depositions of witnesses in causes pending in the courts of citizens of Mills County, Iowa, praying for the enactment of the the United States, reported it without amendment. law to restore the free bimetallic coinage of silver and gold coins, Mr. JONES of Arkansas, from the Committee on Indian Affairs, the same as was the law from 1792 to 1873; which was referred to whom was referred the bill (S. 1023) to amend an act entitled to the Committee on Finance. "An act granting the right of way to the Hutchison and South­ He also presented a petition of the Young People's Society of ern Railroad Company to construct and operate a railroad, tele­ First Street Church of Boone, Iowa, representing 50 persons, graph and telephone line from the city of Anthony, in the State praying that the World's Columbian Fair be closed on Sunday, of Kansas, through the Indian Territory, to some point in the also that the sale of liquors be prohibited thereat, and that the art county of Grayson, in the State of Texas," approved September department be managed according to the American standard of 26,1890, reported it without amendment. purity in art; which was referred to the Committee on the Quadro­ Mr. CAREY, from the Committee on Education and Labor, to Centennial (Select). whom was referred the bill {S. 749) to provide for a commission Mr. VANCE presented a petition of the Deep River Monthly on the subject of the alcoholic liquor traffic, reported it with Meeting oi Friends, of Guilford County, N.C., praying !or the amendments, and submitted a report thereon. ratification of the so-called Brussels treaty for suppressmg the Mr. HAWLEY, from the Committee on Military Affairs, to African slave trade; which was ordered to lie on the table. whom 'vas referred the bill (S. 1233) to establish a military post Mr. DANIEL presented a petition of the Chamber of Com­ on the line of railway between Burlington and Highgate, Vt., merce of Norfolk, Va., praying for the transfer of the Revenue reported it without amendment, and submitted a report thereon. Marine to the Navy Department; which was referred to the Com­ Mr. PADDOCK. From the Committee on Agriculture and mittee on Naval Affairs. Forestry I report an amendment, in the nature of a substitute, He also :r,>resented the petition of Daniel Ruggles, late captain intended to be proposed to the bill (S. 1) for preventing the Fifth Reg1ment Infantry and brevet lieutenant-colonel United adulteration and misbranding of food and drugs, and for other States Army, praying for payment of commutation for subsistence purposes. allowance; which was referred to the Committee on Military The VICE-PRESIDENT. The proposed amendment will be Affairs. - printed. Mr. DOLBH presented a petition of citizens of Wasco County, Oregon, praying for the passage of what is known as the anti­ SENATOR FROM TEXAS. . . option bill; which was referred to the Committee on the Judiciary. Mr. HOAR. I am directed by the Committee on Privileges Mr. ALLEN presented a petition of theChamberof Commerce and Elections, who were instructed by a resolution of December of Port Townsend, Wash., praying for the transfer of the United 12, 1891; to inquire into and report upon the circumstances and States Revenue Marine Service from the Treasury to the Navy validity of the appointment of :Mr. CHILTO~ of Texas to a seat Department; which was referred to the Committee on Naval Af­ in the Senatefrom that State, to submit areport. I desire that j fairs. the resolution with which the report concludes may be read. Mr. HISCOCK presented a petition of citizens of the State of The VICE-PRESIDENT. The resolution will be read. New York, praying for the free delivery of mails in country dis­ The Chief Clerk read as follows: tricts; which was referred to the Commtttee on Post-Offices and JleBol'DMi, That Mr. HORACE CHILTON, appointed by the executive of the Post-R.oads. · State of Texas on the 25th day of April, 1891, to fill the vacancy occasioned by He also presented a memorial adopted by the advisory com­ the resignation of Hon. John H. Reagan, which had previously been made to mittee of the Citizens' Bridge AssoCl.a.tion of Brooklyn, N.Y., take e1fect. on the lOth day of June, 1891, is entitled to retain his seat. remonstrating against the passage of Senate bill 846, to author­ Mr. HOAR. I will not ask for action on the resolution at this ize and regulate the construction of bridges, etc.; which was re- time; but I think the report, which is brief, should be printed in ferred to the Committee on Commerce. . the RECORD, and I shall call up the resolution in the course of a Mr . .COCKRELL presented a memorial of the Missouri Synod fewdays. . . . of the Presbyterian. Church (Southern), convened in Fulton, Mo., The VICE-PRESIDENT. The report will be prmted m the October 16,1891,signed byT. C. Smithlstated clerk, remonstrat­ REcoRD, if there be no objection. ing against the opening of the Columb an Exposition on Sundayj Mr. HOAR. And also printed as a document. which was referred to the Committee on the Quadro-Centenniru. The VICE-PRESIDENT. It will also be printed as a. docu­ (Select) • ment. The resolution will lie on the table.

...... ' 1892. CONGRESSIONAL RECORD-SENATE. 511-

The report is as follows: the right of the Legislature only to fill a vacancy which was foreseen, regular, and certain, and th3.t there was no right in the governor to supply that , The Committee on Privileges and: Elections, who were illrected by resolu­ omission. · tion of December 12, 1891, to inquire into and report upon the circumstances Mr. Lanman was not admitt-ed to the seat. There is nothing in the con­ and validity of the appointment of Mr. CHILTON to a. seat in the Senate from tem-porary record of the debates or in the resolution which enables us to the State of Texas, have complied with said resolution, and respectfUlly report: determine whether the majority of the Senate based its action on the ground Mr. Reagan. elected Senator from the. State of Texas fo:r the term of six stated by Mr. Benton to have been maintained by Mr. Tazewell. or on the. years from the 4th of March, 1887, resigned his office, the resignation to take ground stated by Judge Story and by the National Inteiligence:r. The case. e1!ect on the lOth day of June, 1891. The executive ot the State of Texas on the therefore, is not an authority on either side of the question. So that it is im­ 25th day of April, 1891, and after the receipt of the resignation of Mr. Reagan, possible to determine whether the Senate meant to overrule the Tracy case appointed Mr. CHILToN to fill the vacancy occasioned by sa.idresignation. Mr. on one ground or the other. CHILTON'S credentialS set forth the resignation of ~. Reagan, and further On the other hand. an examination of the very numerous cases where the declare- · executives of States have made appointments when the Legislature was not "Now, therefore, I, J. S. Hogg, governor of the State of Texas, bY. Virtue of in session shows that in a great many of them the executive has postponed the authority vested in me by the Constitution and laws of the Uruted States action. where the resignations were made to take effect at a fUture tim.e or and of the State of Teias, do hereby appoin-t HoRACE CHILToN, of Smith where the previous term had erpired by its own limitation, until after the County, Tex., Senator in the Congress of the United States from the State of vacancy existed. In all probability this postponement was caused by a be­ Texas to fill the vacancy occasioned by the resignation ot the Ron. John H. lief on the part of the executive that he had no authority to provide for :tilling Reagan. This appomtment to ta1l::e effect the lOth day of: June, A. D.189L •· a vacancy until it actually occurred, or at. any :rate, that the question was so The certifiate bears date April25,1891. far in doubt that it would be unsafe to make the appointment in anticipation. Mr. CHILTON is in all other respects duly qualified to be a Senator from the So far, then, as the precedents are concerned it appears that in three eases State of Texas. The only question is whether the governor might lawfully persons so apJ)Oint-ed have been admitted to theiF seats without question.; make this aPJ)ointment before the resignatiorl of Mr. Reagan actually took that l\1r. Tracy was admitted and: Mr. Lanm.an rejected where the executive effect. made the appointment in anticipation of a vacancy, there being a discusSion The provision of the Constitution al!ecting the question is as follows: in the Senate, but no satisfactory evidence of the grounds or the judgment; "ART. I. Sec-. 3. The Senate of the Unit-ed States shall be composed of two that in one case, that ot Mr. Sevier, a person so ap-pointed has been admitted, Senators trom each State-, chosen by the Legislatu?e thereof tor six years, when the validity of the appointment was questioned Ul)On other grounds, " *' *- and if vacancies happen, by resignation or otherwise, during there­ without raising this question specifically~ and that in modem times the prac­ cess of the Legislature of any State, the executive thereof may make tempo­ tice has been uniform for the State executi-ve to delay appointment until the rary appointments until the next meeting of the Legislature, which shall then actual happening of the vacancy. fi1l such va.ca.ncies." Under these circumstances it seems tons that the Senate may now de­ A similar state of facts has. arisen in a- nmnbeF of instances since the Con­ terrnine the question unhampered by any precedents of its own. s.titu.tion went into operation. We supPQse that where the :power is given to fill vacancies in public o11tces The-te:rm of Uriah Tracy.Senator fi'om Connecticut, expired March 3, 1801; it has been the uni!onn practice to permit resignations of such ofll.ces to be he was appointed by the governor of Connecticnt, February 20,1801; .. from made to ta.ke effect ali a future day. and to hold that the appointing power the 3d of March next until the next meeting of the. Legislature of said State," is entitled to make the appointment in advance to fill the vacancy, to take the Legislature of the State not being in session. at the time or said appoint­ effect when the resignation becomes operative, unless the language of the ment or thereafter until after said 4th of March. Exception being taken to constitntiona.l or statute provt'Sion m1der which. the authority is exercised his credentials. he was admitted to the seat bya vote of 13yea.s. to 10 na.ys, forbids such construction. and held the seat dlll'ing the special session ill the Senate, March 4 and 5. The Constitution ot the United States, Article IT, seetion 2. in providing Joseph Anderson, of Tennessee, was appointed by the-executive February 6, for the appointing power, enacts: · 1809, to till th.e vacancy which would reS'lllt from the expiration of his term. "The President shall ha-ve power to fill allvacancies tha.t may happen dur­ Ma.rch3', 1809. He held the seat underthes:e credentials during the special ing the recess. o.f the Senate, b-y granting OOIIIID.i.ssions which shall expire at session of the Senate. March 4 to March 7, 1809. the end or their next session. n John WITliams, of Tennessee, was appointed by the executive to fill the We believe it has been the uniform practice of' the Executive from the be­ vacancy which would result from the expiration of his own term, March 3, ginning to accept; resignations wllich are to take effect in the tutnre, and to 1817. Under these credentials he held his seat from March 4 to 6, 1817. make aP-pointments, also to take effect in the future, to fill them. We suppose. John McPherso-n Berrien, of Georgia., resigned by letter dated Washing­ that a like practice also pTevafls in regard to the heads o:r: Departments 1n the ton, May 28, 1852-, addressed to the President pro tempore, and read in Senate exercise of the appointing power conferred bylaw upon them. The language same date. (Globe, first session. Thirty-second Congress, p.1493.) of the proYis:l:on of the Constitntion under consideration. that '-'if vacancies Robert M. Charlton, his successor, appeared June U. ~with credentials happen by resignation m· otherwise during th& recess ot the Legislature of signed by the go-vernor of Georgia, and dated Mayl8, 185~? to take e-1fect from any State, the executive thereof may mak& temporary appointments until and after Ma.y 31,.1852. He was sworn and took his seat withoutobjection. the next meetina of the Legisla-ture," seems to us to admit easily of a llkeco:n-- {Senate .Tou:rnal. first session, Thirty-seeond Congress, p. 44i8.) March 4-. 1825, James Lanman, ot Connecticut, presented credentials show­ ~t~~!¥A~tio~~ e~t~~t;~&':~~~~o~~~~gn~e~eframel'S or the ing an appointment made February 8, 1825, by the governor of the State, to The Senateha.srecently. after fnll consideration, determined that the con· fill the vacancy about to result from the expiration of his term, March 3,1825. stitutional provision that the Senat.e shall choose a President 'J1'1"' tempore :in Objection being made, Mr. Lanman was refused a seat by a vote of 23 to 13. 1 the absence ot the Vice-President permits the choic.e ot an omcer in ad-va.nee There is no histo:rica.l evidence from which we can determine on what ground of th& actual occurrence-ot th.e contingency referred to, who may tak:e the the Senate rejected Mr. Lanman. whether it was on the ground that the gov­ chair whenever the Vice-President may be absent, until the Senate otherwise ernor could not fill a.. vacancy happening at the beginning of a term, or on the order. In all these eases, including that whic.h we are now considering, the gro11lld that the governor could not lawfully make the appointment in antici­ important consideration is that it must have been the purpose of the fra-mers pation and before a vacancy occurred, and before he could possibly know of the Constitution, as it is clearly for t.he public interest, that the omce as far whethel' the Legislature might not be called togetherbeforethattime. Judge ·as possible should always be filled. This consideration applies with pecultar Story (Canst., sec. m, n.2) says: force to the office of Senator. We should be very llilwilllng to establiSh a "In the case of Mr. Lanman. a Senator from Connecticut, a question oc­ construction of the Constitution whieh would make it certain that 1n no case cur-red whether the State executive could make an appointment in the re­ of the resignation of a Senator. however necessary that resignation might be, cess of the State Legislature in anticipation of the expiration of the term of there should be a succession without a considerable interval. olfice of an existing Senator. It was decided by the Senate that he could not This would bear with peculiar hardship upon States remote from the seat make such an appointment. The facts were that Mr. Lanman's term as Sen­ of Go-vernment, and might determine the policy of thecountryingreatemer· ator expired on the 3d at March, 1825. The President had convoked the Sen­ gencies and in matters peculiarly al!ecting particular States. when such ate to meet on th-e 4th of March. The governor of Connecticut, in the recess States were but partiallyrepresentedorpossiblynot represented at aJL The of the Legislature (whose session would be in May), on the 9th of the J?reced­ tendency of the opinion in the Senate, as evidenced by its more recent deci­ ing February appointed Mr. Lanman as Senatoc, to sit in the Senate after sions, has been more and more to lead t-o a construction which, as tar as pos­ the 3d ot March. The Senate by a. vote of 23 to 18 decided that the appoint­ sible. secures that the seats in the Senate should be filled without any inter­ ment could not be constitutionally made until after the vacancy had actua,Uy ruption in the Tepresentation of the State. Thus, in the case of Mr. Bell and occurred.•• Mr. Blair, Senators from the State of New Hampshire, it has been held that The following statement appears in the National Intelligencer tor Tues­ the executive might fill the vacancy occurring at the be~got the consti­ day, March 8.1825: tutional term in consequence of the failure or the inability of the Legislature "An important constitutional question was yesterday decided in the Sen­ to elect a Senator for that term, in compliance with the statute of 1866 (Re­ ate, by the refusal to admit Mr. Lanman to a seat in the Senate under a com-. vised Statutes, sections 14 and 19), in spite of ve:ry weighty and influential mission from t.he governor, granted before the expiration of' Mr. Lanm.a.n's opinions to the contrary. . late term of service. This is the fu-st time this questi-on has been adjudicated So it h&S been held and is now the settled construction, that if a vacancy under such circumstances as to form a precedent; and we presume it may occur during the recess of the Senate. and a person be regularly nominated now be considered a. settled construction of the constitutional provision that to the Senate at its next session to fill it, and be rejected. and! the Senate ad­ a vacancy must have literally' h3JI>P&ned' or come to pass before an ap­ journ without the office being filled, the President is entitled to make a new pointment can be made to fill it. The case has once been questioned and de­ appointment in the next vacation. So, if the officer died during the session, cided differently, but it was in stl"ong party times, all the Federal members and if his death be not known until a.tter the adjournment, as is said by voting tor the member's taking his seat, and all the Democratic members Attorney·General Taney, in his able report (Opinions of Attorneys-General, aga.:inst it, und.er which circumstances the decision has not been much re­ vohmle2;. page 523): spected as a precedent. So f~r as it was a precedent it is now reversed." "It is admitted by every one that the.President may appoint in such cases, Gorden's Digest of the Laws of the United States, 1827, appendix, note 1 B, and the practice of the Government has continually conformed to that con- states the ground of the decision in the same way, but manifestly bases the struction., . statement on the authority of the National Intelligeneer. '"It was the intention of the Constitution." Mr. Taney fUrther says, "that On the other hand, Mr. Grundy, in his report from the Committee on the the ofllces creat-ed by law and necessary to caa:ry out the operations of the Judiciary in the case of Mr. Sevier, Senator from the St-ate of Arkansas, who Government should always be full, or, at all e-vents, that the vacancy should was appointed by the governor of Arkansas, January 17, 1837, to fill the va­ not be a protracted one." (See also, to the same e:trec-t, the opinion of Wil­ cancy which would occur on the 3d of March following, by the expiration of liam Wirt, 1 Op. Atty'ys Gen., 631.) Mr. Sevier's previous term, declared that the decision in the Lanman case It has been suggested that if this construction be established it will be in was on the ground "that the Legislature must provide for all vacancies, the power of the governor of the State to provide by appointment tor the fill­ which must occur at stated and known periods, and that the expiration of a ing of future vacancies long before they occur, and, therefore, the will of regular term of service is not such a contingency as is embraced in the second the people of the State, as it exists at or near the time of filling the vacancy, section of the first article of ~e Constitution." He distinguished Mr. Se-vier's fail of being carried into effect. But the instances must necessarily be very case from the Lanman case by the fact that the time that Mr. Sevier was to rare indeed where the vacancy can be anticipated beforehand under circum­ go out or office was decided by lot, he having been one or the Senators ap­ stances which will create such a. temptation to tJle executive. Against that, pointed by the State on its admission. as against many other evils which are possible under a. popular governm.ent, Niles' Register or Friday, March 12, states the question in regard to the as under other governments, the protection in general mnst be in the char­ Lanman case: ~ter and integrity of the persons clothed with high public office. "The question was whether the failure by-the Legislature to make a cho-ice We, therefore, are of the opinion that Mr. CHILTON was lawfully appointed of Senator constitutes the contingency in which the governor may appoint a by the. executive ot the State or Texas t-o the seat which he now holds,_ and Senator." recommend the a.dopti.on of the following resolution~ Mr. Benton, in his Thirty Years' View, states that the. lJl'ineipal arcument Resolv~a. That Mr. HoBACE CHILTON, appointed by the executive of the against'the a.dmission of Mr. La.nman was made by Mr. 'l'azewell, that argu­ StateorTexas on the25thday of April, 1891, to fill th.e va.cancyoocas:ioned by the ment being that the wol'd "happen" in the Constitution could n ot apply to resignation of Han. John H. Reagan~ which had previously been made to a foreseen event,. bound to occur at a fixed period. and that therefore it was \take effect on the lOth day of J une, 1891, is en titled to retain his seat. -512 CONGRESSIONAL RECORD-SENATE. J .ANUA.RY 25,

SENATOR FROM FLORIDA. He also introduced a bill (S. 1795) to ratify and confirm ar.. Mr. TURPIE. The Comm~ttee on Privileges and Elections, to agreement with the Indians residing on "the Shoshone Indian whom were referred the papers, evidence, and certificates in the Reservation in the State of Wyoming, with certain changes and case of WILKINSON CALL and of the contestant, R. H. M. David­ modifications, and to make appropriations for carrying the same , son, respecting the question of a title to a seat in this body from into effect; which was read twice by its title, and referred to the the State of Florida, have had the same under consideration, and Committee on Indian Affairs. · have instructed me to report the following resolution: He also introduced a bill (S. 1796) to ratify and confirm an Resolved, That the Hon. WILKINsoN C.A.LL, of Florida., was duly elect-ed by agreement with the Tonkawa tribe of Indians m Oklahoma Ter­ the Legislature of said State on the 26th day of May, 1891, a. Senat-or of the ritory, and to make appropriation to carry the same into effect; United States from said State for the term of six years, commencing on the which was read twice by its title, and referred to the Committee 4th day of March, 1891, and that he is lawfully entitled to a seat in the Senate. on Indian Affairs. The VICE-PRESIDENT. The resolution will be placed on the He also introduced a bill (S. 1797) to ratify and confirm an Calendar. agreement with the Kickapoo Indians in Oklahoma Territory, BILLS INTRODUCED. and to make appropriations for carrying the same into effect; Mr. SHERMAN {by request) introduced a bill (S. 1778) to re­ which was read twice by its title, and referred to the Committee organize the line of the Army; which was read twice by its title, on Indian Affairs. and, with the accompanyingpapers, referred to the Committee on He also introduced a 'bill (S. 1798) to ratify and confirm an Military Affairs. agreement with the Indians residing on the Colville Reserva­ He also introduced a bill (S. 1779) for the relief of Robert S. tion in the State of Washington, with certain modfications, and Forbes; which was read twice by its title, and referred to the to make aprpopriations for the carrying into effect of the same; Committee on Military Affairs. which was read twice by its title, and referred to the Committee He also introduced a bill (S. 1780) for the relief of Fred W. on Indian Affairs. Snell; which was read twice by its title, and referred to the Com­ He also introduced a bill (S. 1799) to ratify and confirm an mittee on Claims. agreement with the Wichita and affiliated bands of Indians in He alSo introduced a bill (S. 1781) increasing the pension of Oklahoma Territory, and to make appropriations for carrying Andrew J. Konkle; which was read twice by its title, and, with the same iJ?.to effect; which was read twice by its title, and re­ the accompanying papers, referred to the Committee on Pensions. ferred to the Committee on Indian Affairs. He also introduced a bill (S. 1782) for the relief of JamP.s Rob­ He also introduced a bill (S.1800) to ratify and confirm certain erts; which was read twice by its title, and referred to the Com­ agreements with the Upper and Middle bands of Spokane Indians, mittee on Military Affairs. ·the Lower Pend d'Oreille or Calispel Indians, and the confeder­ He also introduced a bill (S. 1783) granting an increase of pen­ ated bands of Flatheads, Pend d'Oreille, and Kootenai Indians in sion to Albert A. Morey; which was read twice by its title, and Washington, Idaho, and Montana, and for other purposes; which referred to the Committee on Pensions. was read twice by its title, and referred to the Committee on In­ ' Mr. WILSON introduced a bill (S. 1784) to idemnify the set­ dian Affairs. tlers upon the so-called·Des Moines River lands in the State of Mr. SQUIRE introduced a bill (S. 1801) making an appropria­ Iowa; which was read twice by its title. tion for the construction of a ship canal connecting Lakes Union Mr. WILSON. I ask that the bill be referred to the Committee and Washington with Puget Sound; which was read twice by its on Public Lands, and in this connection I wish to state that I hope title, and referred to the Committee on Commerce. the committee will give the bill early consideration, inasmuch Mr. HISCOCK introduced a bill (S.1802) to establish the Grant as it affects the interests of a large number of people .who settled Memorial Home at Mount McGregor, N. Y.; which was read upon what were always believed to be public lands of the United twice by its title, and referred to the Committee on Military Af­ States. But a recent decision of the Supreme Court of the United fairs. States seems to be adverse to that almost or quite universal be­ He also introduced a bill (S. 1803) for the relief of Francis lief in the State of Iowa, and in order that the settlers may be Irsch; which was read twice by its title, and referred to the Com­ provided for by indemnity by the United States, I hope that the mittee on Military Affairs. committee will give early consideration to the bill. He also (by request) introduced a bill (S.1804) for the relief of The VICE-PRESIDENT. The bill will be 1•eferred to the Benjamin F. Wells, sr.; which was read twice by its title, and, Committee on Public Lands. with the accompanying papers, referred to the Committee on Mr. WILSON introduced a bill (S.1785) granting a pension to Naval Affairs . Mrs. M. M. R. Stafford; which was read twice by its title, and .He also (by request) introduced a bill (S. 1805) to limit the referred to the Committee on Pensions. · operation of certain acts relating to structures over navigable Mr. SAWYER introduced a bill (S. 1786) granting a pension waters; which was read twice byitstitle,and,with the accompany­ to Mrs. Jennie Gray; which was read twice by its title, andre­ ing- papers, referred to the Committee on Commerce. ferred to the Committee on Pensions. He also introduced a bill (S. 1806) to amend sections 2774 and Mr. PADDOCK introduced a bill (S. 1787) granting a pension 2807 of the Revised Statutes; which was read twice by its title. to Austin Rockwell; which was read twice by its title, and, with Mr. ffiSCOCK. I desire to say in respect to this bill that the the accompanying papers, referred to the Committee on Pen­ argument presented to me would seem to be very strong in favor sions. -of the amendment to the statute proposed, but it is a measure Mr. McMILLAN introduced a bill (S. 1788) to incorporate the which, as a matter of-course, will require close examination. I Church Orphanage Association of St. John's parish, of Washing­ move that the bill be referred to the Committee on Commerce. ton, D. C.; which was read twice by its title, and referred to the The motion was agreed to. Committee on the District of Columbia. Mr. STOCKBRIDGE introduced a bill (S.1807) making an ap­ He also introduced a bill (S.1789)toextend to Marquette, Mich., propriation for the improvement of the St. Joseph Harbor, Mich­ the privilege of immediate transportation of unappraised mer­ igan; which was read twice by its title, and referred to the Com- chandise; which was read twice by its title, and referred to the mittee on Commerce. • Committee on Commerce. Mr. PROCTOR introduced a bill (S. 1808) for the recognition He also introduced a bill (S. 1790) for the relief of Thomas of Henry C. Hill as captain and aid-de-camp on the staff of Maj. Antisell; which was read twice by its title, and, with the ac­ Gen. B. F. Butler, United States Volunteers; which was read companying papers, referred to the Committee on Claims. twice by its title, and, with the accompanying papers, referred He also introduced a bill (S. 1791) for a public building for a to the Committee on Military Affairs. marine hospital at Cheboygan, Mich.; which was read twice by Mr. PERKINS introduced a bill (S.1809) to authorize the Sec­ its title, and, with theaccompanyingpapers, referred to the Com­ retary of War to amend the military record of commissioned mittee on Public Buildings and Grounds:- officers of the late war under certain circumstances, and for other Mr. CAMERON introduced a bill (S.1792) removirg the charge purposes; which was read. twice by its title, and referred to the of desetion against Philip Schrout; which was read twice by its Committee on Military Affairs. title, and referred to the Committee on Military Affairs. He also introduced a bill (S. 1810) for the relief of the officers Mr. DAWES introduced a bill (S. 1793) to legalize the deed and crew of the United States steamers Forest Rose and Argosy, and other records of the office of Indian Affairs, and to provide late of the Red River expedition; which was read twice by its and authorize the use of a seal by said office; which was read title, and, with the accompanying papers, refe1·red to the Com- twice by its title, and referred to the Committee on Indian Af­ mittee on Claims. _ .fairs. He also introduced a bill (S. 1811) for the relief of Peter M. V . ·He also introduced a. bill (S. 1794) to ratify and confirm an Underwood; which was read twice by its title, and referred to agreement with the Pah-Ute tribe or band of Indians on the Pyr­ the Committee on Military Affairs. amid Lake Indian Reservation in Nevada, and for other pur­ · He also introduced a bill (S.1812) granting a pension to James poses; which was read twice by its title, and referred to the Com­ R. Edwards; which was read twice by its title, and, with the mittee on Indian Affairs. accompanying papers, referred to the Committee on Pensions.

f .I 1892. CONGRESSIONAL -RECORD-SENATE. 513

He also introduced a bill (S. 1813) granting a pension to Sarah He also introduced a bill (S. 1833) for the relief of Patri<'k W. Hamm; which was read twice by its title, and referred to Montgomery; which was read twice by its title, and, with the ac­ the Committee on Pensions. companying paper, refm·red to the Committee on Claims. He also introduced a bill (S. 1814) granting a pension to Eman­ Mr. HARRIS introduced a bill (S. 1834) for the relief of the uel Klauser; which was read twice by its title, and referred to First Methodist Church in the city of Ja.ckson, Tenn.; which was the Committee on Pensions. . read twice by its title, and referred to the Committee on Claims. · He also introduced a bill (S.1815) for the relief of Ephraim H. He also introduced a bill (S. 1835) for the· relief of Samuel Marsh; which was read twice by its title, and, with the accom­ Howard; which was read twice by its title, and referred to the panying papers, referred to the Committee on Military Affairs. Committee on Claims. He also introduced a bill (H. 1816) for the relief of William D. Mr. COKE introduced a bill (S . 1836) for the relief of A.M. Matthews; which was read twice by its title, and referred to the Shannon & Co.; which was read twice by its title, and referred to Committee on Claims. the Committee on Claims. ~ He alBo introduced a bill (S. 1817·) for the relief of J. A. Mc­ Mr. VANCE introduced a bill (S. 1837) for the relief of the Creary, late of the· United States Navy; which was read twice by heirs of Thomas C. 'l'atham, deceased; which was read twice by ~ its title, and, with the accompanying papers, referred to the Com­ its title, and, with the accompanying papers, referred to the Com­ mittee on Naval Affairs. mittee on Indian Affairs. He also introduced a bill (S.1818) granting a pension to Charles He also introduced a bill (S. 1838) for the relief of Thomas S. W. Pool; which was read twice by its title, and, with the accom­ Lutterloh; which was read twice by its title, and referred to the panying papers, referred to the Committee on Pensions. Committee on Claims. He also introduced a bill (S. 1819) authorizing the issuing and Mr. TURPIE (by request) introduced a bill (S.1839) to increase loaning 0 1. the ensigns, flags, signal numbers, etc., of the United the pension rate in certain cases of deafness; which was read States for the purpose of decorating the streets of the city of twice by its title, and referred to the Committee on Pensions. Washington on the occasion of the meeting of the encampment He also (by request) introduced a bill (S. 1840) for the relief of of the Grand Army of the Republic in the month of September, the estate of David B. Sanders, deceased; which was read twice 1892; which was read twice by its title, and referred to the Com­ by its title, and referred to the Committee on Claims. mittee on Military Affairs. He also introduced a bill (S. 1841) for the relief of Daniel Mc­ He also introduced a bill {S. 1820) granting a pension to Lizzie Clure; which was read twice by its title, and, with the accom­ Lena Pollock; which was read twice by its title, and, with the panying papers, referred to the Committee on Military Affairs. accompanying papers, referred to the Committee on Pensions. Mr. W ARRENintroduceda bill(S.1842) tofixthefeesof jurors He also introduced a bill (S. 1821) granting a pension to Isaac and witnesses in United States courts in the State o Wyoming; Miller; which was read twice by its title, and, with the accom­ which was read twice by its title, and referred to the Committee panying papers, referred to the Committee on Pensions. on the Judiciary. He also introduced a bill (S. 1822) granting a pension to Kezia Mr. CAREY introduced a bill(S.1843) to provide for the pun­ C. Woods; which was read twice by its title, and, with the ac­ ishment of offenses committed in the Yellowstone National Park; companying papers, referred to the Committee on Pensions. which was read twice by its title, and referred to the Committee He also introduced a bill (S. 1823) granting a pension to Ward on Territories. S. Hoaglin; which was read twice by its title, and, with the ac­ He also introduced a bill (S. 1844) to provide for the erection companying papers, referred to the Committee on Pensions. of a public building in the city of Laramie, Wyo.; which was read He also introduced a bill (S. 1824) granting an. increase of pen­ twice by its title, and referred to the Committee on Public sion to Hugh McHugh; which was read twice by its title, and, Building and Grounds. with the accompanying papers, referred to the Committee on Mr. ALDRICH introduced a bill (S. 1845) granting a pension ' Pensions. to the widow of the late Lieut. Boutelle Noyes, United States He also introduced a bill (S.1825) granting an increase of pen­ Navy; which was read twice by its title, and, with the accom­ sion to David C. Canfield; which was read twice by its title, and, panying papers, referred to the Committee on Pensions. with the accompanying papers, referred to the Committee on He also introduced a bill (S. 1846) for the relief of Lovina Mi­ Pensions. nard; whichwv-as read twice by its title, and, with the acompanJ:­ He also introduced a bill (S. 1826) granting a pension to Har­ ing papers, referred tv the Committee on Pensions. rison H. Dodd; which was read twice by its title, and, with the He also introduced a bill (S. 1847) to remove the charge of de­ accompanying papers, referred to the Committee on Pensions. sertion from the military ~ecord of Edgar B. Wood; which was He also introduced a bill (S. 1827) granting an increase of pen­ read twice by its title, and, with the accompanying papers, rz­ sion to Everard Bierer; which was read twice by its title, and 'ferred to the Committee on Military Affairs. . referred to the Committee on Pensions. He also introduced a bill (S.1848) for the relief of Margaret M. Mr. MITCHELL introduced a bill (S. 1828) to establish postal Paine; which was read twice by its title, and, with the accom­ savings depositories and subdepositories, and for other purposes; panying papers, referred to the Committee on Pensions. which was read twice by its title, and referred to the Committee He also introduced a bill (S. 1849) for the relief of George Ald­ on Post-Offices and Post-Roads. rich; which was read twice by its title, and, with the accompany­ Mr. CULLOMintroduceda bill(S.1829)forthe relief of Risdon ing papers, referred to the Committee on P.ensions. Moore, for his services as gunner and blacksmith under the com­ He also introduced a bill (S. 1850) granting arrears of pension mand of Col. J. C. Fremont, Mounted Riflemen, First California to Mary F. Hopkins; which was read twice by its t.itle, and, with Volunteers, from May, 1845, to October 1, 1847; which was read the accompanying papers, referred to the Committee on Pensions. twice by its title, and referred to the Committee on Claims. He also introduced a bill (S. 1851) granting a pension to A. M. He also introduced a bill (S.1830) for the relief of Neil Fisher; Bliss; which was read twice by its title, and referred to the .Com- which was read twice by its title, and referred to the Com,mittee mittee on Pensions. - on Military Affairs. Mr. IDGGINS introduced a bill (S.1852) granting a pension to Mr. FRYE introduced a bill (S. 1831) to admit free of duty the Elizabeth S. White; which was read twice by its title, and re­ wreckage of the ships Trenton and Vandalia, presented by the ferred to the Committee on Pensions. United States to the King of Samoa; which was read twice by Mr. ALLISON introduced a bill (S. 1853) for the construction its title. and completion of suitable school buildings for Indian industrial Mr. FRYE. I move that the bill, with the a.ccompanying·pa­ school in Iowa; which was read twice by its title, and referred to per, be referred to the Committee on -Finance, and I desire to the Committee on Indian Affairs. call the attention of the Senator from Ohio [Mr. SHERMAN] to He also introduced a bill (S. 18.54)-for the relief of Mrs. M. E. the measure. The United States gave the wreckage of our two Haldeman, wife of Francis W. Haldeman; which was read twice United States ships wrecked in Samoa to the people.there in con­ by its title, and referred to the Committee on Pensions. siderati )n of their heroic efforts to save life. The wreckage has He also introduced a bill (S.1855) granting an increase of pen­ been prt·vided for and sent to San Francisco, the only port in ~ion to Wesley J. Banks; which was read twice by its title, and, which it eould be sold, and the duties demanded and collected with the accompanying papers, referred to the Commit_tee on took the entire profits of the operation, so that our friends the Pensions. · · Samoans received actually nothing. The duties were paid un­ He also introduced a bill(S.1856) granting a pension to Henry der protest. This is a bill provi!ling that the duties may be re­ O'Connor; which was read twice by its title, and, with the ac­ funded. I hope the Senator from Ohio will call it up early in the companying papers, referred to the Committee on-Pensions. committee. · Mr. HALE introduced a bill (8. 1857) to further increase the The VICE-PRESIDENT. The bill, with the accompanying naval establishment; which was read twice by its title, and re­ paper, will be referred to the Committee on Finance. · ferred to the Committee on Naval Affairs. Mr. PEFFER introduced a bill (8. 1832) for the relief of Peter Mr. TELLER introduced a bill (8.1858) increasing the pension M. V. Underwood; which was read twice by its title, and referred of. Martin L. Shull; _which was read twice by its title, and, with to the Committee on Military Affairs. the accompanying papers, referred to the Committee on PP.nsions. ' ' XXITI-33 ' . I I

514 CONGRESSIONAL RECORD-SENATE. JANUARY 25,

Mr. MANDERSON introduced a bill (S.1859) for the relief of any of the rooms occupied by the Patent Office have been rendered unsafe by the storage of heavy papers and other material over such rooms, and what Brig. Gen. and Bvt. Maj. Gen. DavidS. Stanley, United States mea.ns are necessary, if a.ny, to be taken to render such rooms sate for occu­ Army; which was read· twice by its title, and referred to the pation, and whether any improvement is necessary therein in the matter of Committee on Military Affairs. heating, ventilation, or sanitary conditions. Mr. DANIEL (by request) introduced a bill (S.1860)for there­ FOX AND WISCONSIN RIVERS IMPROv"EMENT. lief of Benjamin F. Isherwood and Theodore Zeller, chief engi­ Mr. SAWYER submitted the following resolution; which was neers in the United States Navy, retired, and others officers of considered by unanimous consent and agreed to: · the Navy; which was read twice by its title, and referred to the Resolved, That the Attorney-General be, ami he is hereby, d:il.'e-cted to furnish Committee on Naval Affairs. . to the Senate a statement of the awards and judgments rendered by the com­ He also (by request) introduced a bill (S. 1861) for the relief of missioners or courts, on file in his oince, against the United States, arising under a.n aet of Con,aress entitled "An act to aid in the improvement of the certain graduates of the Naval Academy, who, having completed Fox a.nd WISconsin Rivers in. the State of Wisconsln," approved March 3, 1875, their four years' course at the Naval Academy prior to August 5, from which awards and judgments no appeal has been taken, and the time 1882, were discharged from the service under the act of August for such appeal having expired, which have not been heretofore reported to 5,1882; which was read twice by its title, and referred to theCom­ Congress, and if he knows of any reason why the same should not be paid. mitteeon Naval Affairs. PROPOSED CABLE BETWEEN SAN FRANCISCO AND HONOLULU. He also (by request) introduced a bill (S. 1862) for the relief of Mr. MITCHELL submitted the following resolution; which Sarah L. Smith and Mary E. Smith, daughters and only heirs was referred to the Committee on Naval Affairs: at law of Sarah G. Smith, deceased, late of Stafford County, Va., Resolved., That the President be requested, if not incompatible with the for stores and supplies taken by the military forces of the United public interests, to advise the Senate as to what action, if n.ny, has been taken, and with what result, in pursua.nce of the clause contained in the a.ct States for their use; which was read twice by its title, and re­ approved March 2, 1891, making :~.ppro-priations for the naval service, appro­ ferred to the Committee on Claims. pnating $25,000, or so mu~h thereof as might be necessary. to enable the Pres­ He also (by request) introduced a bill (S. 1863) for the relief of ident to cause careful soundings t<> be made between San Francisco, Cal., and Honolulu, in the Kingdom of the Hawaiian Islands, for the purpose of de­ John G. Williams, administrator de bonis non of CoL Francis termining the praeticabiUty of laying a telegraphic cable betweeen those two ~aylor, of the Virginia Line, Continental establishment, of the points. war of the Revolution; which was read twice by its title, and re­ MAJ. GREEN CLAY GOODLOE. ferred to the Committee on Claims. Mr. BLACKBURN. I ask that the Committee on Claims may He also (by request) introduced a bill (S. 1864) for the relief of be discharged from the further consideration of the bill (S. 205) Louisa S. Gutherie, widow and executrix of John J. Gutherie, to reimburse,Maj. Green Clay Goodloe, paymaster United States deceased; which was read twice by its title, and referred to the Marine Corps, and that the bill be referred to the Committee on Committee on Claims. Naval Affairs. I will state that through an inadvertence of my He also {bf request) introduced a bill (S. 1865) for the relief of own this misreference was made several weeks ago. A similar Loftin D. Allen, for the allowance of a certain claim for stores bill was referred at the last Congress to the Committee on Naval and supplies taken and used by the United States Army, as re­ Affairs, reported, and passed by the Senate. I now ask that the ported by the Court of Claims under the provisions of the act of Committee on Claims be discharged from the further considera­ March 3, 1883, commonly known as the Bowman act; which was tion of the bill, and that it be referred to the Committee on Na­ read twice by its title~ and referred to the Committee on Claims. val Affairs. He also (by request) introduced a bill (S. 1866) to incorporate Mr. MITCHELL. I desire to state to the Senator from Ken­ the Georgetown, Arlington and Falls Church Railway Company tucky that I was about to make that motion. I discovered that of the District of Columbia; which was read twice by its title, the bill had been considered by the Committee on Naval Affairs and referred to the Committee on the District of Columbia. last year, and the reference suggested by the Senator from Ken­ He.also (by request) introduced a bill (S. 1867) to incorporate tucky is the appropriate one. the Washington, Fairfax and Alexandria Railway Company; The VICE-PRESIDENT. The Committee on Claims will be which was read twice by its title, and referred to the Committee discharged from the further consideration of the bill, and it will on the District of Columbia. be referred to the Committee on Naval Affairs, if there be no Mr. McPHERSON introduced a bill (S.1868) for the removal objection. The Chair hears none, and it is so ordered. of the charge of desertion from the record of Joj:m O'Grady; which was read twice by its title, and, with the a&ompanying RELATIONS WITH CHILE. pa-pers, referred to the Committee on Military .Affairs. The VICE-PRESIDENT laid before the Senate a message Mr. PERKINS introduced a bill (S. 1869) to provide for allot­ from the President of the United States in reference to the con­ ment of lands in severalty to the Quapaw Indians in the Indian Ter­ troversy with Chile growing out of the attack on the " liberty" ritory, and for other purposes therein named; which was read sailors of the United States ship Baltimore in the city of Valpa­ twice by its title, and referred to the Committee on Indian Affairs. raiso on the 16th of October, 1891. [See House pro·ceedings.] Mr. WILSON {by request) introduced a joint resolution (S. R. Mr. SHERMAN. Mr. President, I move that the message, 34) to provide for a peace conference in the city of Chicago in with the accompanying documents, be printed and referred to 1893; which was read twice by its title, and referred to the Com­ the Committee on Foreign Relations. In view of the gravity and mittee on Foreign Relations. importance of the subject-matter, I do not think it expedient to AMENDMENT TO A BILL. make any remarks at this time. Mr. MANDERSON. Before the motion is put, I suggest to Mr. PADDOCK submitted an amendment intended to be pro­ the Senator from Ohio the advisability of ordering the printing posed by him to the bill (S. 782) to provide for the adjustment of of 500 additional copies of the message for the document room • certain sales of lands in the late reservation of the confederated of the Senate. There will unquestionably be a great demand for Otoe and Missouria tribes of Indians in the States of Nebraska the document. . and Kansas; which was referred to the Committee on Public Mr. SliERMAN. Very well, I will accept that as a modifica­ Lands, and ordered to _be printed. tion of my motion. MESSAGE FROM THE HOUSE. Mr. DOLPH. Would it not be better to make the number A message from the House of Representatives, by Mr. TOWLES, 5,000? its Chief Clerk, announced that- the House had passed a bill (H. Mr. MANDERSON. I think 500 additional copies will reach B. 28) to amend an act entitled "An act granting the rightol way the immediate demand. We can order more when they are ex­ to the Hutchison and Southern Railroad Company through the hausted. Indian Territory;" in which it requested the concurrence of the The VICE-PRESIDE::Ifr. The question is on the motion of Senate. the Senator from Ohio, as modified, that the message of the PAPERS WITHDRAWN AND REFERRED. President of the United States, with accompanying documents, be On motion of Mr. VANCE, it was printed and referred to the Committee on Foreign Relations~ and Ordered. That the papers relating to the claim of John D. Throne be taken that 500 additional copies be printed for the use of the Senate. trom the files of the Se.nate and referred to the Committee on ClaJ:ms. The motion was agreed to. DISTRICT WATER SUPPLY. DEATH OF MR. JUS'l'ICE BRADLEY. Mr. SHERMAN submitted the following resolution; which was The VICE-PRESIDENT. The Chair lays before the Senate considered by unanimous consent, and agreed to: a communication from the Chief Justice of the Supreme Com.·t Resolved, That the Secretary of War is hereby directed to report to the Sen­ ate upon the feasibility of completing the tunnel in process of construction of the United States, which will be read. between the two reservoirs in the District of Columbia and the estimated cost The Chief Clerk read as follows: thereof; also the practicability of placing iron pipes in the tunnel suffi.clent SUPREME COURT OF THE UNITED STATES, to carry the necessary water supply to the newreservoir a.nd the cost thereof. Okief Justice's Oluzmber, Januar'IJ 22, 1B92. SAFETY OF ROOMS IN THE PATENT OFFICE. To the VICE·PRESIDEli"T: I.t becomes my p:mllul duty to inform the Vice-President and the Senate of Mr. DAWES submitted the following resolution; which was the death of Mr. Justice Bradley, which occurred at6:15o'clockthismonling. considered by unanimous consent and agreed to.: I have the honor to be, your obedient ~-ifLLE w. FULLER, &solved, That the Secretary o! the Interior be directed to communicate to the Senate any information in the Department upon the question whether Chief Justice of the United States.

...... 1892. CONGRESSIONAL RECORD-HOUSE. 515·

Mr. McPHERSON. Mr. President, it is withfeelings of deep Secretary of the Navy transmitting a list of theemployesofthe and sincere sorrow that we hear of thedeathofAssociateJustice Navy Department during the year 1891, the time employed, and Bradley, of the Supreme Court of the United States, which oc­ sum paid to each; which was referred to the Committee on Ex­ cUI·red in this city on Friday morning at half past 6 o'clock. penditures in the Navy Department. Associate Justice Bradley was appointed from the State of GEORGE 0. DICKSON VS. THE UNITED STATES. New Jersey to the Supreme Court bench, receiving his commis­ The SPEAKER also laid before the House a letter from the sion and taking his seat as a member of that great tribunal in assistant clerk of the Court of Claims, transmitting a copy of the the year 1870, and for a period of twenty-two years, partly in findings of said court in the case of George 0. Dickson vs. The times of great excitement and difficulty, and through a career in United States; which was referred to the Committee on War that court and of it embracing questions of the widest impor­ Claims. tance to human rights, involving life, liberty, and property, the associate justice had been a conspicuous figure in the jurispru­ S. J. SUTTON ET AL. VS. THE UNITED STATES. dence of this nation, and perhaps not less conspicuous in respect The SPEAKER also laid before the House a letter from the of the jurisprudence of the world. · assistant clerk of the Court of Claims, transmitting a copy of the His career for this life is ended. His mortal remains will lie findings of the court in the case of the following-named persons buried on the banks of the Passaic, in the soil of that State by vs. The United States: S. J. Sutton, deceased, Harvey Williams, whose people he was loved so well. Full of years and full of deceased, and A. R. Thomas; which was referred to the Com­ honors, he will ever be remembered as the upright, conscien­ mittee on War Claims. tious, and learned judge; the generous, affectionate citizen; the METROPOLITAN RAILROAD COMPANY. gentle and loving husband and father. The SPEAKER also laid before the House a letter from the In every walk of private life he has filled his career with president of the Metropolitan Railroad Company, traitsmitting' honor-great honor to himself and infinite benefit to his country. a statement of receipts and disbursements for the year ending Mr. HOAR. Mr. President, I have no doubt every member June 30, 1891; which was referred to the Committee on the Dis­ of the Senate has heard with the profoundest sadness that the trict of Columbia. great career of this venerable and illustrious jurist has come to a close. CAPITOL, NORTH 0 STREET AND SOUTH WASHINGTON RAILROAD. It was the fortune of Mr. Justice Bradley to take his seat on The SPEAKER also laid before the House a letter from the the bench of the Supreme Court in a stormy and eventful time. president of the Capitol, North 0 Street and South Washington A great civil war was just over; the relations of the States to Railroad, submitting to Congress a statement of the operations each other and to the Union, the relations of great classes of of said company for the fiscal year ending April30, 1891; which men to the country and to each other, great questions involving was referred to the Committee on the District of Columbia. the rights of vast corporations and valuable property, civil GEORGETOWN BARGE, DOCK, ELEVATOR, AND RAILWAY COM- rights of citizens, the condition of the humblest and poorest PANY. citizens, in their homes, awaited settlement from that great The SPEAKER also laid before the House a letter from the tribunal which alike keeps the forces of State and nation within president of the Georgetown Barge, Dock, Elevator, and Railway their appointed bounds and secures to the poorest person under Company, transmitting the annual report of said company; which the protection of the flag adequate protection in all the rights was referred to the Committee on the District of Columbia. of h uman:ity and citizenship. In the discharge of these great judicial duties, it is no exag­ WASHINGTON AND GEORGETOWN RAILROAD COMPANY. geration to say that the figure which we are now to miss has The SPEAKEH. also laid before the House a letter from the pres­ ever been foremost. Judge Bradley goes to his grave amid the ident of the Washington and Georgetown Railroad Company, benedictions and with the honor of the whole American people, transmitting the annual report of the treasurer, showing receipts without an exception of party, of section, or of interest. He has and disbursements for the year ending December 31, 1891, and a been spared to an advanced age, and, as was felicitously said by statement covering expenditures on a~count of the construction the clergyman at his funeral yesterday, he kept to the time of of the cable line; which was referred to the Committee on the his death an ever-replenished mind. District of Columbia. There hasbeennoperson whomithasbeenmy fortune to know GEORGETOWN AND TENNALLYTOWN RAILWAY COMPANY. whose mental stores were of so various and so extensive a char­ acter, or who dealt with them with greater vigor and strength The SPEAKER also laid before the House a letter from the of native intellect. secretary of the Georgetown and Tennallytown Railway Com­ Judge Bradley was a simple, sincere, reverent, and earnest be­ pany, transmitting a list of stockholders of said company; which liever in the Christian faith, which was alike the inspiration of was referred to the Committee on the District of Columbia. his pure and honored life and his solace and comfort in the hour SENATE BILLS REFERRED. of death. As was said of John Jay," when the ermine rested The SPEAKER also laid before the House the following Sen­ upon his shoulders it rested upon nothing which was not as white ate bills; which were severally read twice, and referred as fol and as pure as itself." lows: I move, in token of our respect for the memory of Judge Brad­ A bill (S. 368) to provide for the purchase of a site and the ley, that the Senate do now adjourn. erection of a public building thereon at Dover, in the State of The VICE-PRESIDENT. The question is on the motion of the New Hampshire~to the Committee on Public Buildings and Senator from Massachusetts. · Grounds. · The motion was unanimously agreed to; and (at 1 o'clock and A bill (S. 377) to provide for the pUI·chase of a site and the erec-: 42 minutesp. m.) the Senate adjourned until to-morrow, Tuesday, tion of public building thereon at Grand Haven, in the State of January 26, 1892, at 12 o'clock meridian. Michigan-to the Committee on Public Buildings and Grounds. A bill (S. 436) to provide for the purchase of a site and the erection of a public building thereon at Deadwood, in the State of South Dakota-to the Committee on Public Buildings and HOUSE OF REPRESENTATIVES. Grounds. MONDAY, Janttary 25, 1892. A bill (S. 534) to provide for the construction of a public build­ ing at Salem, Oregon-to the Committee on Public Buildings The House met at 12 o'clock m., being called to order by Speaker and Grounds. CRISP, who resumed the chair amid loud applause on the floor. A bill (S. 580) to provide a suitable site for a post-office in the Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. city of Providence, R. I.-to the Committee on Public Buildings The Journal of the proceedings of Thursday was read and ap­ and Grounds. proved. A bill (S. 601) for the erection of a public building for a post­ SINKING UNITED STATES STEAM LAUNCH NELL. office and United States land office at the city of The Dalles, Or­ The SPEAKER laid before the House a letter from the Acting egon-to the Committee on Public Buildings and Grounds. Secretary of War, transmitting a letter from the Chief of En­ A bill (S. 687) for the erection of a public building at Stillwater, gineers, with affidavits of nine employes, showing the loss of their Minn.-to the Committee on Public Buildings and Grounds. personal property by the sinking of the United States steam launch A bill (S. 1206) to provide for the purchase of a site and the Nell while engaged upon improving the Roan<>ke River, and erection of a public building thereon at Fresno, in the State of recommending that they be reimbursed out of the appropriation California-to-the Committee on Public Buildings and Grounds. for the improvement of said river; which was referred to the The SPEAKER also laid before the House a resolution provid­ ing for the printing of 1,500 additional copies of the Senate report Committee on Rivers and Harbors. on Foreign Relations, to accompany Senate bill 4827, relating to EMPLOYES, NAVY DEPARTMENT. the Maritime Canal Company of Nicaragua.-to the Committee on The SPEAKER also laid before the House a letter from the Printing.