..
58 CONGRESSIONAL RECORD~SENATE. DECEMBER, 10,
SENATE. The bill (H. R. 9473) making appropriations for the payment of invalid and other pensions of the United States for the fiscal year THURSDAY, D ecember 10, 1896. ending June 30, 1898, and for other purposes, was read twice by its title, and referred to the Committee on Appropriations. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. HOUSE BILLS REFERRED. The VICE-PRESIDENT resumed the chair. DoNELSON CAFFERY, a Senator from the State of Louisiana, The following bills were read twice by their titles, and referred appeared in his seat to-day. · to the Committee on Post-Offices and Post-Roads: The Jom·nal of yesterday's proceedings was read and approved. A bill (H. R. 4156) to amend the postal laws, providing limited indemnity for loss of registered mail matter; · ADJOURNMENT TO MONDAY. A bill (H. R. 4157) to amend the postal laws relating to use of Mr. ALDRICH. l;,move that when the Senate adjourn to-day, postal cards; and it adjourn to meet on Monday next. A bill (H. R. 54.73) concerning delivery of letters in towns, vil The motion was agreed to. lages, and other places where no free delivery exists. . DISTRICT OF COLUMBIA. MEMORIAL ASSOCIATION. PETITIONS A....'m MEMORIALS. · The VICE-PRESIDENT appointed, pursuant to the joint reso The VICE-PRESIDENT presented a petition of the Gla.ss Bottle lution approved June 14, 1892, J. C. Bancroft Davis and Ainswox·th Blowers' Association of the United States and Canada, praying for R. Spofford .members for three years of the Memorial Association the enactment of legislation restricting immigration; which was ordered to lie on the table. of the District of Columbia. He also presented a memorial of the faculty of the College of ANNUAL REPORT OF THE ATTORNEY-GENERAL. Physicians and Surgeons and of the medical department of Colum The VICE-PRESIDENT laid before the Senate the annual report bia University, in the city of New York, remonstrating against of the Attorney-General for the fiscal year ended June 30, 1896; the passage of Senate bill No. 1552, for the further prevention of which was ordered to lie on the table and be printed. cruelty to animals in the District of Columbia; which was ordered to lie on the table. REPORT OF SUPERINTENDENT OF COAST AND GEODETIC SURVEY. Mr. GORDON presented a memorial of Bluthenthal & Bickart, The VICE-PRESIDENT laid before the Senate a communication of Atlanta, Ga., remonstrating against the enactment of legisla from the Secretary of the Treasury, transmitting, in compliance tion permitting distillers to bottle whisky in bond; which was with the requirements of section 4690 of the Revised Statutes, the referred to the Committee on Finance. annual ·report of the Superintendent of the United States Coast Mr. BATE presented a petition of the Chamber of Commerce and Geodetic Survey for the fiscal year ended June 30, 1896; which, of Chattanooga, Tenn., praying that an appropriation be made · with the accompanying papers, was ordered to lie on the table.and for dredging in front of the city wharf and Water street, in that be printed. city; which was referred to the Committee on Commerce. CERTIFICATION OF ELECTORS. Mr. KYLE. I present a petition of the National Woman's Christian Temperance Union, praying for the 'appointment of a The VICE-PRESIDENT laid before the Senate nine communi nonpartisan commission to investigate the problems of papital cations from the Secretary of State, transmitting, in pursuance of and labor. The petition refers, I .believe, to the Phillips bill, the provisions of the act of February 3, 1887, certified copies of the which has already passed the House and is now before the Com final ascertainment of the electors for President and Vice-Presi mittee on Education and Labor. I move that the petition be re- dent from the States of Maryland, New Jersey, Connecticut, Ala ferred to that committee. · bama, Indiana, Ohio, Delaware, North Carolina, and Rhode The motion was agreed to. Island; which were ordered to lie on the table. Mr. WALTHALL presented a ~etition of Post No. 25, Grand • EXTENSION OF CONNECTICUT AVENUE. Army of the Republic, of Greenville, Miss., praying for the pas sage of a service-pension bill; which was refen-ed to the Committee The VICE-PRESIDENT laid before the Senate a communica on Pensions. tion from the Commissioners of the District of Columbia, trans Mr. HALE presented a petition of the members of the Society of mitting, pursuant to a provision in the District appropriation ac.t the Colonial Dames of America, praying for the enactment of legis ·of June 11, 1896, a report as to the comparative advantages and lation incorporating that association underthe laws of the United disadvantages and comparative cost of extending Connecticut States; which was referred to the Committee on the Library. · avenue from Florida avenue to the District line; which, with Mr. NELSON presented the memorial of Mary F. Isaminger, of the accompanying papers, was referred to the Committee on the the city of Washington, D. C., remonstrating against the erection District of Columbia, and ordered to be printed. of stables on lot 43, square 358, in that city; which was referred to MESSAGE FROM THE HOUSE. the Committee on the District of Columbia. ~ Mr. McBRIDE presented a petition of the Chamber of Commerce A message from the House of Representatives, by Mr. W. J. of Astoria, Oreg., praying for the early completion of the Nicara BROWNING, its Chief Clerk, announced that the House had agreed gua Canal; which was referred to the Select Committee on the to the report of the committee of conference~ on the disagreeing Construction of the Nicaragua Canal. votes of the two Houses on the amendment of the Senate to the Mr. CALL. I present a petition of women of the United States, bill (H. R. 2604) to increase the pension of Caroline A. Hough, members of the Business Woman's Exchange. The petition is widow of Brig. Gen. John Hough. signed by a large number of pe1·sons and prays that some action be The message also announced that the House had agreed to the taken on the part of Congress for relief from imprisonment of report of the committee of conference on the disagreeing votes of Mrs. Florence E. Maybrick. I do not know to what committee the the two Houses on the amendment of the Senate to the bill (H. R. petition should be refen-ed. As the Committee on the Judiciary 4354) granting a pension to Mrs. Mary Gould Carr, widow of the have reported unfavorably, I suppose the petition may be referred late Brig. and Bvt. Maj. Gen. Joseph B. Carr,. United States Vol to the Committee on Foreign Relations. unteers, deceased. The VICE-PRESIDENT. The petition will be so referred, in The message further announced that the House had passed the the absence of objection. · following bills: Mr. QUAY presented a petition of 15,000 operators in woolen A bill (S. 264) providing for the location and purchase of public and worsted mills in the United States, praying for the passage lands for reservoir sites; and of the so-called Dingley taliff bill; which was referred to the Com A bill (S. 2047) extending the time within which the University mittee on Finance. of Utah shall occupy lands heretQ.fore granted to it. He also presented a petition of the Glass Bottle Blowers' Asso The message also announced that the House had passed the fol ciation of the United States and Canada, praying for the enact lowin~ bills; in which it requested the concun-ence of the Senate: ment of legislation restricting immigration; which was ordered A bill (H. R. 4156) to amend the postal laws, providing limited to lie on the table. indemnity for loss of registered mail matter; He also presented a petition of sundry citizens of Chambers A bill (H. R. 4157) to amend the postal laws relating to the use burg, Pa., praying for the enactment of legislation for the relief of postal cards; of the suffering Armenians in Turkey; which was referred to the A bill (H. R. 5473) concerning delivery of letters in towns, vil Committee on Foreign Relations. lages, and other places where no free delivery exists; and He also presented a memorial of the War Veterans' Association A bill (H. R. 9473) making appropriations for the payment of of Allegheny County, Pa., remonstrating against the extension invalid and other pensions of the United States for the fiscal year of the classified 8ervice provided for in recent proclamations of ending June 30, 1898, and for other purposes. the President; which was referred to the Committee on Civil Service and Retrenchment. · PENSION. APPROPRIA.TIO BILL. He also presented a petition of (}eorge G. Meade Post, No.1, :Mr. HALE. I ask that the pension appropriation bill, which Grand Army of the Republic, of Philadelphia, Pa., praying for has just come from the House, be laid before the Senaw and the recognition of the independence of Cuba; which was referred referred to the Committee on Appropriations. to the Committee on Foreign Relations. · .· 189.6. CONGRESSIONAL RECORD-SENATE. 59
He also presented resolutions adopted by the National Board of Mr. LODGE introduced a bill (S. 3340) authorizing Herbert Trade, favoring the development of the export tra Mr~ MITCHELL of Oregon introduced a joint r~solution (S~ :a,. Mr. CULLOM. Mr. President, the President of the United 167) declaratory of the intent and meaning of a certaili. act therein States, in his annual message, has discussed at some length the named; which was read twice by its title, and referred to the Coni.. vexed situation of affairs in the neighboring Island of Cuba. He mittee on the Judiciary. has given to the subject much study, and evidently views the AMEYDME.NTS TO IMMIGRATION BILL. . existing conditions there with much concern. His most serious Mr. MORGAN submitted ari amendment intended to be pro consideration, however, is given to the problems which will demand posed by him to the bill (H. R. 7864) to amend the immigration solution in the eady future. The magnitude of these problems laws of the United States; which was ordered to lie on the table. and of the interests involved require the exercise by our people of their wisdom and best judgment. The decision of the questions and be printed> and to be printed in the REcoRD, as follows: arising and to arise, and the determination of the policy to be Add as additional sections the following: "SEC. 3. No person, being a subject or citizen of any fOl"eign government, pursued by this Government in the near days of the future, will shall be admitted to citizenship under the laws of the United States who, command the exhibition of high patriotism, not less than of wise when admitted, can not read correctly the Ten Commandments and the Con- action, upon our part. We are already placed in such position that stitution of the United States printed in the E11glish language. • . •• SEC. 4. No application for Citizenship in the United States, and no declara some certain course of action must be adopted. WhateveT that tion of intention to become such citizen, sha.ll be filed in any court or have. course may be, it must be such as shall give proper recognition validity for any purpose until it shall be first established b¥ proof to the to the rights, under existing conditions, belonging respectively to satisfaction of the court or judge before whom such declaratiOn is made or filed that such emigrant has, in good faith, resided in the United States con Spain and to Cuba. It must also recognize the rights and preroga tinuously for the period of five years prior to the date of such application." tives of the world at large-of the nations and the people who stand aloof and watch with deepest interest this struggle for inde Mr. ELKINS submitted an amendment intended to be proposed pendence and for liberty against absolutism. And not the least by him to the bill (H. R. 7864) to amend the immigration laws of of the responsibilities imposed upon us as a nation is the conserva the United States; which was ordered to lie on the table and be tion of our own rights and interests. In fact, this latter is the printed. determining factor which must control our com·se. CHANGE OF REFERENCE. While I am not disposed to criticise President Cleveland, 1 may Mr. BACON. Yesterday I introduced a bill (S. 3332) ma;Iring properly say that I had hoped he would find occasion to give appropriations for the imp1·ovement of the road from the Chicka more positive or emphatic expression of the true American con mauga and Chattanooga National Park to the town of Lafayette, tinental policy, which ought to be invoked in all ca-ses where the in Georgia, which was referred to the Committee on Appropria liberty and independence of any of the peoples of the American tions. It should have been refm-red properly to the Committee Continent are involved. And further, I think we ought ne er to on Military Affairs. I ask that the Committee on Appropriations hesitate or delay when the lines of this policy run parallel and be discharged from the consideration of the bill> and that it oo re coincident with those of common humanity. ferred to the Committee on Military Affairs. If this position shall strike the mind as being too much in ad.. Mr. CULLOM. Will the Senator again state the title of the vance of the conservatism which has heretofore obtained in all the bill? schools of diploma.cy, I may say that that advance is what the Mr. BACON. It is simply a bill proposing to make an appro world is waitmg for. Must the opening of the twentieth century priation for improvements connected with the Chickamauga and find free America. still bound and held by canons dictated for the Chattanooga National Park. It should go to the Committee on perpetuation of monarchical powe1·? Under that antiquated con Military Affairs, and I now ask that the change. of reference be servatism there never would have been erected on the earth the made. nation which we love and to the establishment of which our fathers . The VICE-PRESIDENT. In the absence of objection1 it will consecrated their lives, their fo.rtunes, and their sacred honor• . be so ordered. The. conservatism which adheres t • ,! 1896. .CONGRESSfONXL R:mCORD-SEN.ATE. 61 of Navane1 of Castile, of Aragon, of Toledo, of Galicia, with {)f concentrated demonism chargeable to the Spanish dominion of Emirates of different boundaries1 the principalities of. Seville, of the Cross and the Sword. I assert that the American nation will old and new Castile, of Granad.a, of Murcia, of Cordova1 and of not much longer quietly permit the domination of Spanish absolu Catalonia1 each had its territory and its sway of much or little tism under the very shadow of our institutions, and hardly a gun· power during the troublous period extending to the thirteenth shot away from our southeastern shores. That absolutism h.as century. A hundred wars and a thousand intrigues militated had its apt training during forty generations of unbridled lust, against peaceful times within the limits of the Spanish Peninsula. and it could not if it would teach the doctrines of peace or permit Then the Moors again took control of Granada, and under their the equality of man. rule, an era of beautiful architecture, the Alhambra was built. It seems to· be a paradox,. but nothing is more true than that During the time intervening between the beginning of the thir the periods of greatest prosperity and glory for Spain were those teenth century and the discovery of America by Columbus in when the Arabs were in control; again wllen the Moors ·were in 1492, the changes of the greater or lesser dynasties of the con full power; and still again when the Jews were the foremost race stantly quarreling provinces of the peninsula were something too in trade and commerce4 intricate to recall at this time. The year of Columbus's great I protest that a people with such a history and such an educa. achievement, 1492, was also the year of the final surrender of tion can have no just claim to a participation in the control of GranaO.a by" the Moors and of the full confirmation of the rule of any territorial possession on this hemisphere. Ferdinand and Isabella in Spain. The1·e may be no warrant in international law for any interfer· In 1520, after King Charles had gone to Germany to become ence between a government and its subjects, provided that gov Emperor, while still retaining his;cruel hold upon the Spanish ernment belongs to the family of nations, or is recognized as one throne, a revolutionary organization, in desperation a~ the oppres of the powers of the earth. Still, does not the great heal't of sion with which the Spanish people were treated, raised an army humanity beat in sympathy with the poor souls apparently for· of 20,000 men and le-v1ed war against him. This revolution was gotten by the Maste:r and left to bear the burdens of cruel and soon crushed and its leaders executed. The insurgents, as well as relentless oppre8sion? Is there no way, no light, no hope? Must others, were then forced into allegiance to their foreign ruler. the brutality of might alone define the offense and mete out the Prescott says: penalty, with no human power to whom intercession may be The Government of Castile, assuming the power both.of making the laws made? Oh, Spain! oh, Spainl when shall thy day be fulfilled? and of ex.ecuting them, became in its attributes nearly as absolute-as Tu-rkey. Was there no loyal Spaniard :who would and could, amid all these The seve:ral reigns from the Austrian, Philip I, through King centuriesf stay the hand of death. or raise the sword of justice Charles, afterwards the Emperor Charles V,. Philip II,. Philip III, while there was time to save? Philip IV, and Charles II, ruling through the long period to the Let us turn to Spain in America. I shall speak briefly of the year 1700, says a distinguished author- career of the Austro-Burgund:ian 1·ulers of Spain in the treat· Fill the century of national decline, full as it is of crowned idiocy,. hypo ment of their colonies on this continent. I shall state in few chondria, and madness,the result of incestuous marriages or natural weakness. words how, from the baptism of innocent blood with which the The splendid and p-rosperous Spanish Empire-its-vast conquests, discov sons of Spain and the fathers of the church. deluged South Amer eries, and fol'eign wars-became transformed into a bauble for the caprice of favorites under their successors. ica and Mexico, there have arisen pros-perous states and nations. I do not admit that these newer republicsy which once. owed tri~ After a few years of inglorious reign, Charles II, the last of the ute to a ·Spanish mother country, are unable to meet the respon· line in descent fromPhillpof Austria and Joanna of Spain, being sibilities of self-government. They may make sad blunders, and without an heir, bequeathed his crown at death to the Bourbon may not come up to the full and high. standard which the United prince, Philip of France, Duke of Anjou, who became Philip V of States of America has set before the world, but they will strive Spain. to reach it They aim to the noblest. and will reach what they The recognized authentic history of the Spanish Inquisition, a1·e able. I believe to them may be justly applied the motto of comp-iled and published in London in 1826, from the m:iginal Kansas~ '~Ad astra. per aspera,.'~ meaning" To the stars through wOTks of Llorente, former secretary of the Inquisition and chan difficulties." which is a free translation of "Excelsior/' the motto cellor of the University of Toledo, has the- following by way of of New York. And during all their troubles and struggles for preface: governmep.tal freedom what enlightened nation anywhere made ' l All the records of the fantastic cruelties of the heathen world do not a.fford their hopes and cause her own'f None. Not one. They have so appaningapictureof hmnanweakness-and depravity as the authentic and genume documents of the laws and proceedings of this- Holy Office, whleh reached the plane of self-responsibility and self-assertion without })rofessed to act under the influence of the doctrines of the- Red:eeme1· of the the aid of even the United States. Worla1. . Mexico emerged from Spanish control and overturned a French This agency of murde1· and administrator of torture in the invasion without the interposition of the United States or the aid na111.e of Christianity coutinued in vigorous existence in Spain of any other conntry. But I now suggest that another and better from the reign of Ferdinand and Isabella, about 1482f until even day is about to dawn. The United States must to-morrow, if not after the beginning of the present century. Since the year 1800, to-day, give vitality to her sympathy for the oppressed and the md during the te1·m of the forty-fourth inquisitor-general, Don weak. I desire to urge and to claim a policy and the adoption Ramon Joseph de Arce, archbi.slrop of Saragossa1 which lasted of a doctrine for our nation in advance of that which has hereto eleven years, twenty individuals were condemned to pnblic pen fore been sanctioned. The United States, by virtue of our history, ance. The curate of Esco was condemned to the flames, but the of our origin, our growth) and recognizing our proud and proper grand inquisitor and the supreme council would not permit the place in the honorable annals of the world, is the chose:Q. country execution of the sentence~ to put a new chapter into the code of international statutes and During the existence of the Holy Office, or Inquisition, 31,912 to declare a new and advanced watchword for the civilized world. persons were condemned and perished in the flames, 17,659 were If we fail to keep up with the m.arch of sentiment and to mold burned in effigy, and nearly 300,000 were condemned to severe into effective law such salutary principles as we solemnly believe and terrible penances. The last ~Victim burned alive perished are just and right, and such as are demanded by the progress o~ about 1760. the world, we shall neglect a high duty and privilege and omit a The above is the mildest and simplest statement of a history of sublime opportunity. . . t. Spanish cruelty to Spaniards from the day of the. discovery of While all the pronnces whlch haverebelled and separated from:.~,/ America to the Independence of the United States. Spain have. as I ha.ve shown, become prosperous and fairly well For some three hundred years church and state maintained a conditioned, independent countrieS', the feeble old mother country partnership which signalized its existence and continuance by has gradually fallen into lower and lower estate, depending and such horrors that a just God might have easy cause to close the almost relying for e'Xistence upon the stolen gold levied upon' human account of an entire race of people. Yet during all this Cuba, Puerto 'Rico, and the Philippine Islands. Spain continues to· long and awful history not a nation of the earth ventured to in be what she always has been-a robber nation. I speak now of terpose its veto to the carnival of woe. the nation, and not of he1· peo-ple. Some. of the best and noblest I do not overlook the fact that the modern legislation of Spaip. names of the ages come to us from Spain, where, unhappily, too as applied to her subjects at home and in the provinces is a won many of them met their sad and melancholy fates. And to-day, derful advance over that of fo1·mer years. I would not consent as well as in recent times, there a:re many noble men and women to an act of real injustice to the Spain of to-day, if such. were pro who owe allegiance to the Spanish throne, who adhere to her -posed, no matter what may have been. the offenses of the past, and cause, hoping and striving to improve and make better her present it is cause for congratulation that a degree of enlightenment has and future, but who can never outlive or wipe out the traditions taken the place of much of the ill doing of the earlier days. But which have established her reputation and fixed her status among 1 must insist that a country which licensed and authorized the the kingdoms of the Eastern Hemisphere. butcheries of Pizarro and the conquests of Cortez, and which If we wait for precedent we shall wait forever. If a precedent ordained the depopulation of Cuba and the bloody marches in is needed we shall make one. Central and Southern America, shall not carry on a war of exter We violated every precedent by the declaration of our own in· mination against Cuba. I have said nothing of the dread career dependence on July 4., 1776. We had no precedent, nor did we of the Duke of Alva in the Netherlands., ru: of the thousand years even ask for advice as to the change in 1789 from a confederation: .. CONGRESSIONAL lt:EOORD-SENATE. DECEJ\IBER 10, to a union of States. When we announced the Monroe doctrine cousins of Europe, and there is little doubt that a European war in 1823, it was in defiance of precedent, and was the determination unjustly waged against any one of the Spanish-American republics of a rule which has become a law and will never be gainsaid. would now be the signal for a union of them all in the cause of the When we announced not many months ago that we should in one threatened. All these countries which formerly paid tribute tervene in the matter of the Venezuela boundary and see for our to Spain have, as occasion offered, declared their independence selves if our rights were to be concluded by foreign dictation, we ·and become self-governing states. Their separate sovereignty followed no precedent but that of good American common sense. and independence have been recognized by the world, and they And common sense has won. appear competent to maintain the same. It may be that the stand I desire to say in this connection that, although ·at the time of ard and quality of their republicanism will be questionetl by some the action by Congress upon the Venezuelan question, including other nations, but considering the genealogy of their inhabitants, the message of the President of the United States, there was a and the difficulties surrounding their advancement, it rests not in feeling in some parts of the country that theNational Government the heart of any citizen of the United States to disparage their was doing wrong, there is no man in this country to-day who, progress or criticise their growth. in the light of what has since happened in the practical settlement Let us look at the Argentine Republic and study the instructive of that question, is not ready to admit that the Government of the lesson which it presents. That really wonderful country has now United States did right and has secured by its action the recogni a population of about 4,000,000. Its advantages of climate, soil, tion of one of the greatest principles in connection with the policy and political freedom have drawn to it an average of 50,000 new of our country in its relations with foreign governments which permanent settlers annually for the last five years. The greater has been accomplished for the last fifty years. I desire to say that portion of these were from the Latin countries of Europe, and at in approbation of the result, as I understand it, of a substantial least one-third of them came with families. They have merged settlement of the Venezuelan question and of a substantial recog readily into the producing class at their new home, and their ac· nition by the British Government of what we in this country call cession has been marked by a vast and significant increase in the the Monroe doctrine. agricultural production of Argentina. That increase during the These instances only show that up to this time no assumption five years last past is aptly presented by the following tables of of autho:J:ity in regard to American affairs which this Govern exports: ment has made has ever been successfully contested. .Agricultural exports for the last five years. We now have reached the time to take another step in advance. We have already proclaimed that the United States will have Year. Wheat. Corn. Flour. something to say regarding matters affecting the American con tinent, and we should now announce that the speedy termination Tons. Tons. Tons. of Spanish control of the islands at the gateway of the Mexican 1891 ____ ------·------395,555 65,908 7,015 Gulf is necessary alike to the welfare of those islands and to the 1892.------470,109 «5,935 18,84.9 1893 ____ ---- -~------1,008,137 80,514 37,921 people of the United States. 1894.------.------1,608,249 54,876 4.{),758 The present situation can not continue. . A population of 950,000 1895 (9 months)------1,471,649 513,443 36,976 white Cubans and 500,000 colored Cubans, aggregating 1,450,000 persons, will never yield and ought never to submit to the bloody The following gives the various items and the value of the agri military rule of 160,000 Spaniards. The Spanish element which cultural exports alone for the year 1894: has always controlled and dominated Cuba since its discovery numbers only aboutone-tenthitspopulation. Columbus declared Product. Quantity. Value. "this is the most beautiful land ever beheld by human eyes," in October, 1492. Now, in 1896, it is given over to devastation and destruction. Within its borders rages a war which on both sides Tons. Linseed _------·------_------104,435 $3,583,459 is declared to be a war either of extermination on the one hand, 4.{),810 or liberty and Spanish exclusion on the other. This condition i?"Jze: =~:= == :: ~==:: ===: ==: ======~ ~ ======~= ::::::::: J: ~rs 1,046,007 must cease. The Spanish, after two years' war, have failed Baled alfalfa ____ ------_------_------______47,618 456,386 to Oats ______------_----- 1, 665 29,489 establish peace and the insurgents have failed to Peach their Barley ______------_------_-----______673 10,041 hoped-for independence. 27,118,142 203,804 This war of extermination must stop. 32,038 This Congress of the United States has already recognized by ~i~~o~~::~::::::::::::::::::::::~:::::::::::::::::::: --~~}~~- solemn resolution the belligerent rights. of Cuba, but so long as it Total ------: ____ • _------. _----· ------_----- 32,520,176 has not received the Executive approval it has no force. And if it had, it is conceded that some other course must be taken. The The total agricultural exports for 1893 amounted to $29,017,405 question to be determined is not fully clear, except that the war thus showin~ an increase of $3,502,771. must cease. Its consideration and discussion involves far more It may be mteresting also to present here a statement of a few than tlle mere abstract question of the territorial possession and other products of the Argentine Republic which have found a ownership by Spain of an isolated or insular tract of land lying market in other countries during the past five years, and for on the Caribbean waters of this continent. A study of the his which those. enterprising South Americans have received pay in toric facts, showing when and in what manner the rich and fertile cash: Island of Cuba became the richest and brightest jewel of the Cas Exported in the five years ending Decembe1· 31, 1894. tilian crown, is necessary to an intelligent understanding of the relations which obtain between the United States and Spain. Articles. 1890. 1891. 1892. 1893. 1894. And in much greater degree is it necessary that we should under stand the logic of the events which have led to the assertion of Ox horns ______tons .. 2,289 2,428 1,851 1,593 2,597 the American doctrine by our own country. Bones _------...do .. . 38,787 51,086 28,847 31,419 42,487 Horsehair ______do.. . 2,324 2,341 2,138 2,079 2,622 The growth of the republiean idea upon the American conti Cowhides: nent, and its spontaneous expansion over both North and South 3,053,649 2,678,909 2,845,189 3,181,237 3,954,483 America, in the very face of an exclusive monarchical domination ~!rte Nearly all the asses are shipped to Bolivia; the horses to Brazil, an alien and whose methods are simply those which might shall Chile, and Uruguay; the sheep to Chile, Brazil, and Great Britain; dictate. It is a struggle for the right to live and breathe the free the mules to Chile and Bolivia; and the horned cattle to Brazil, air of a good government. Chile, Uruguay, and Great Britain. The ~olonial dependencies of ~reat Britain and of other great I have not referred to the mineral industry, the wine product, countries are usually governed m a manner to benefit and im the dairy product, the high-wine and whisky product, the ship pro"?'e _the welfare of the colony. The government of Cuba by ment of fine hard woods and lumber, or to many other products Spam IS merely a tyranny, the governmental power being but a of which the exports amount to many millions of dollars annually. machine by which the profits of the.resident sugar grower go to I have thus taken the Argentine Republic and its wondrous fill the pockets of the Spaniard 2,000 miles away. A government gTowth and advancement ·in material wealth and possibilities as which years ago suffered dismemberment by the complete sever typical of the future of other Spanish-American Republics. ance of its South American territories, which has been humiliated Look a moment at the Republic of Chile: and glance at a very by their success as independent countries, finds its last claim to a few figures regarding a country of which we hardly know any- profitable depende~cy now th:eatened. The people of Cuba, who thing. • _ have borne oppressiOns and misgovernment for many generations The volume of Chilean trade statistics for 1894 shows as follows: have fnvited their oppressors to a final determination, and hav~ The aggregate trade of the Republic, both foreign and coasting, in 1894. bidden them welcome to a feast of war and a carnival of desola amounted to $338,490,753; of this amount, $148,223,539 represent the foreign and tion. Right or wrong, the struggle continues, and if we can $190.267.214 the coa.stin~ trade. There was a decrease, as compared with 1893, 'of $5,116,921 in the foreign trade and an increase of $8,096,292 in the coasting judge by the history of the men of both armies, it will continue trade. until the last dollar is spent, the last plantation is ruined, and the The Qhilean Society for the Promotion of Manufactures has issned a last machete has fallen from the hands of the last man. The pamphlet on the subject of "The industrial establishments in the Depart ment of Valparaiso," from which the following facts are taken: The total fighters there on either side neither give nor ask for quarter. number of manufactories is 417; the value of the raw material consumed in The warfare between Chile and Peru, wher-e hospitals and ambu:. 1895 is given at $20,057,573; operatives employed, 12,616. lance service were not needed after a battle, will have its counter Chile has a commercial marine of 191 vessels, of which 40 are part to some extent on the battlefields of Cuba. The successful steamers. The country contains rich gold and silver mines. It army will not be burdened with wounded enemies, when a few also produces large amounts of nitrate of soda, borate of soda, and hours of throat cutting will make all quiet as the grave. It is on iodine, and in the south and center districts has extensive mines one hand a war to win, and on the other a fight to death. The of copper and iron and coal. It has over 1,800 miles of railroad best blood of Andalusia, what is left of it, is deemed not too sacred and 8,300 miles of telegraph. to be. sa-crificed if need be in the contest with the patriots, the Brazil, formerly an empire, now a republic, is rapidly striding mixed races who are risking their all for the liberty of Cuba. · forward, notwithstanding the existence of internal dissensions in To the average Spanish gentleman, S:pain is the object of adora 130me interior provinces. She has about 8,000 miles of railway tion, but Spain without Cuba is to him the world without the and possesses a vast territory which produces great quantities of . sun. The revenue from Cuba has been the chief joy of Spain for sugar, coffee, and india rubber. The exports of rubber alone many years, and if Cuba should now be separated from the Spanish from the port of Para reach about 50,000,000 pounds annually, throne, the sun would cease to shine upon the Alhambra. ~nd the same port ships from twelve to fourteen million pounds Cuba to-day is lost toSpain. The public proclamation of Span of cacao per annum, with much cotton and tobacco. Her mines ish defeat may not have been officially and definitely announced, Yield largely of the precious metals and precious stones. . Brazil but in truth and fact the submission of Cuba will never again be pas a public revenue of nearly $70,000,000 and exports immense yielded as of old. The tribute of twenty-five to forty million dol quantities of her productions. lars annually, so long exacted, will never again replenish the And so on, the productions and growing industries of all the treasury of Spain. The struggles of 1895 and 1896 may sadly crip various States of the southern continent might be recited in some ple Cuba, but they will ruin Spain. Cuba, with its wonde_rful detail, but enough has been said to convey the idea I wish to pre soil and climate, and its unparalleled capabilities, will regain sent as to the wonderful capabilities of the southern republics and in material wealth and growth under benign influences far more the advancement of their people. Cuba, in her productions and than she has lost. The blood of her people spilled upon her soil . resources, in her history, and in the character of her population, vyill yield a. growtp. of independent citizenship, consecrated to closely resembles these countries. When emancipated from the liberty. This age IS not an age of retrogression. The world of domination of tyranny she will outstrip them in the race of pros to-day is not wedded to barbalism in order to perpetuate tyranny perity and industry. or relieve tottering dynasties. I wish specially to emphasize the opinion which I hold, that Cuba has a population of more than a million and a half of peo nearly every one of _these governments has in some quality or ple, of whi-ch over a million boast their white blood and half a another become worthy of the admiration of the enlightened million are colored, yet the grandsons of Spain who live in Cuba world. It can not be denied, however, that there is ground in too and have become identified with the Cuban cause far outnumber many instances for the criticism of our people upon the inconstancy, those who adhere to Spain. The logic of the insurrection mean~ the cruelties practiced, and the revolutionary spirit which exists liberty for Cuba. What does the world care for the beauties of in some of those States. But with their advancing prosperity it all the castles and palaces in Spain, enshrouded as they are in the can readily be seen that the tendency everywhere is toward cerements of woe, which but recall an awful history instead of a humanity and decency in .social and political affairs. The evils glorious past. Shall it be that the nation where the Inquisition which are justly chargeable against many of these people are their found a congenial home and where the so-called Holy Brother legitimate inheritance from warlike ancestry educated by cen hood was established for the crushing out of life and liberty and turies of monarchism to the trade of bloodshed and cruelty. It where manhood and womanhood were made the playthings of is not easy to transform such a population into quiet citizens, lov brutal might-shall it be that the incoming century will chronicle ing a quiet life. The very birthright which many of them cherish a longer continuance of such power almost within sight of the has brought with it into their daily lives the evils of an ancestral unfurled Stars and Stripes? spirit which will require years of education and association to An Almighty God reigns still in the universe. All the pettz overcome. But republicanism is coming to be understood. The subterfuges of princes and nobles, of kings and tyrants, will fail success of the Argentine Republic, Brazil, Chile, and Mexico them in the day of their adversity. under the wholesome restraints of good government and wise A few years ago an Austrian prince of the highest personal char~ in.anagement have furnished to all the others an example of pros acter was selected by an Emperor of France as the agency by perity which they will not be slow to emulate. which an obnoxious monarchical system should be reestablished The lesson shows what can be done, and why should they not on the American continent. Louis Napoleon placed Maximilian participate in the benefits? What Buenos Ayres and Chile and upon the throne of Mexico. A people largely of Spanish descent, Mexico have done may not Bolivia, Peru, or Venezuela also do? led by Juarez, a full-blooded Indian, met and overcame the foreign It is too much to hope that the day of domestic strife and revolu invaders, and a noble Republic now stands at our border, while tion has passed, but we may hope that the day of education and Maximilian gave his life as a forfeit for the attempt. The conti right adminish·ation will have its turn. And if this be true with nent of America has not proved a favorable soil for the growth of reference to the weaker South American States, why not with Cuba? monarchies, and the beginning of the new century is not a favor By what bond does Spain hold Cuba? Not the bond of relation able time for even the toleration of such oppressors as maintain ship and natural affection. Not mere national pride in the posses themselves only by bloodshed. sion and preservation of territorial or colonial dependencies, That Whatever may be said regarding our duty as a nation toward pride was humiliated and broken 'years and years ago when she a friendly power which is striving to suppress an insurrection in bade farewell to her South American pe I repeat that Cuba is already lost to Spain. Were the-struggle can waters and politically it is entitled to statehood in the conti to stop now, the income to Spain from the enormous exactions she nent of Amirican Republics. has always levied upon Cuba would be lost for some years. Many This great continental question, therefore, when stripped of all thousands of young men of the flower of Spanish manhood have its complications, becomes, in plain and simple language, Shall been sacrificed to maintain the power of a dynasty. Many tho' Cuba be free? This countr;r will nevei: consent to the transfor sands of honestr sincere, and loyal boys. have left their homes in mation of Cuba into a slave pen for the holding in servitude of Spain never to return.. Many a mother weeps unavailing tears the capttired patriots and insurgents who are fighting for the for the lad who left her s.ide a; year ago, and who now sleeps iii dearest rights of men. We will not permit that island, a land the fever swamps of Cuba. which has the brightest possibilities for a people of intelligence and As a recentwritersays: "Thestoryof Cuba is a tragedy." Yes; enterprise, to be made the abiding place of death and destruction. that is true, and it is also true that from the day in 1492 when She lies too near our land of freedom to remain the military prison Columbus took possession of Cuba in the name of the Spanish sov of the most cruel and unrelenting policy on earth. This war now ereigns down to this day in 1896, a period of four hundJ:ed and being waged is avowedly a war of extermination, or utter crush four years, there has been a continuous, tragedy, a history of ing out of liberty on Cuba's 50,Q.OO square miles of territory. Think wrong, of deceit, of. murder, of every sort of crime and. outrage of itr Anisland which in ordinary yea1·s exports more than a mil known to man, unequaled on the earth. When the great discoverer lion tons of sugar and many millions of dollars in value of other proclaimed Christianity upon that peaceful and beautiful shore, products. Has the United States no interest in our own trade and could he have foreseen that for four centuries a constant and never commerce with an island from which we receive fully 90 per cent ceas.ing wail of despair and suffermg and death were to follow of the vast sugar product and much the laJ:~er part of all her had Coiumbus known then what we know now, that every foot other productions? · The interests of the Umted States,. count hold of. the New World obtained by Spain would be the scene of ing all things passing between the two countries, :reach perhaps the most fearful villainies. the most awful and most unheard-of 8100,.000,000 annually rand already this tl:ade has been practically _outrages-he would have forsworn his religion and expatriated wiped out. The Cuban exports of suga1· alone have fallen during himself. The history of Spanish coloma! domination has every the current year-1896-.from above a million tons to less than a where and always been the same. Whether it was under Pizarro hundred thousand. The tobacco trade is dead. Neither will in Peru, Cortez in Mexico, Balboa at th.e Istlunus, or the- soldiers revive until. war stops and the Spaniards get out of Cuba~ That in Cuba, the policy was ever the same.. In a little over fortyyears is the only solution of the trade problem. aJl the original natives of the fertile island, nearly half a million It is about time ' that this free country ceased to be a police in number, had been extirpated. Then in 1524 negro slavery was· establishment for the aiding of the most outrageous warfare introduced into. Cnba. by the Spanish rulers. Judging by the im against a st1:uggling people. 'ihe Spanish Government three partial record of history, the highest cardinal virtues of the Span weeks ago bought and shipped for General Weyler numbers of ish soldiery were always murde1·, robbery, and brutal outrage. mules and hmses raised in this country and purchased in Mis· Neither age nor sex, mrtionality nor re-ligion was spared; and if souriandother Western States. Under present strin~ent rules modern histc.ry is to be believed there is nothing in the dreary as am>Iied by our Go-vernment, every Federal official IS a spy to and awful picture to relieve the Spanish nation from the charge inform against any attempt to convey arms or Glothlng or sup· of being the common enemy of humanity. The barbarisms of the plies to General Gomez o:r General Maceo, or the Cuban army. savage tribes of the world for several hundred years were peace Men are now under an-est in the United States for attempting ful and clu"ldlike in comparison with the barbarities committed to succor their friends and relatives in Cuba. Has Spain any under and by the authority of Christian sovereigns of Spain. sympathy for or friendshit> with this counuy? Americans have The history of Spanish domination in any given place or time been imprisoned and pumshed in Cuba for even expressing sor from the year 1500 to 1700 was one which Satan himself might row for the poox young medical students who were cruelly shot emulate, I have- not referred at all to the now-existing contest and murdered in. Habana a few years ago. There is not a family waged in Spain's largest dependency,. the Philippine Island's .. of any standing in Cuba which has not lost one or more of its Hardly anybody in this count1:y realizes, that those fertile islands, members by arbitrary arrest and sunrise murder by armed several hundJ:ed in number~ covm· 115,000 square miles of terri troops. who marched their victims to the place of blood and shot tory, and contain five and a half millions of inhabitants. They them in the back. I was shown a paper a few minutes ago con have nearly fom::· times the population of Cuba, nearly three time.s taining a large number of pictures of men who were captured as the area, and they export about S25,000,000 of pr.oducts annually. prisoners while engaged in; the insurgent army, and shot down in They pay tribute to the same taskmaster, and Spain in their man cold blood. There is no regard in Cuba for civilized warfare, but agement has harnessed the church to its chariot of misrule. The it is murder, and nothing else,. on the part of the Spanish army. same- old partnership of the Cross and the Sword is made the It is stated by the Cubans that during the revolution of 1868, in agency fot their humiliation and enslavement. Spain has still the five years between 1868- and 1873. the1·e. were 2,927 prisoners another dependency-its p61lal colony at Ceuta1 on the coast of executed, and from Marcbr 1869, to November, 1873, more than Africa. Of all Spanish colonies this is the- most prosperous and 4,670 persons. were reported captured and never again heard of. flourishing. On this spot of desert land the population has grown In that war the- Cubans lost- 45>,000 lives and the Spaniards and increased by penal deportations from Cuba, from Puerto Rico, 100.000,andduringitstenyears'contin.nancemorethanathousand and from the Philippines, until now amidst the thieves and vaga millions of dollars were- expended. This was all levied upon bonds held there thousands of the brightest, bestl and most intel Cuba, and Spain paid nothin~. Out of this war many Spanish ligent of her colonial subjects are wasting away their lives as military cummanders and civil officials made immense fortunes, political prisoners. Those who. escape the garrote or the bullet running into the millions. All these were made at the expense-of in Cuba or in other provinces may there live out a few years, Cuba. where their voices a1:e as completely hushed as in the grave. In the present war,. which has lasted about twenty-one months, It is doubtless t:r e, and I concede,.that the judicial and the law Spain has wasted over a hundred millions, and has put into the interpreting authority in Spain is an able and intelligent depart field possibly 200,.000 men and boys. Spain is beggared to-day, ment of that Government. I have even doubts if any monarchy and unless she can continue her g:r:asp upon Cuba she will show of the age has prese:rved a more able judicial establishment than to the world the end of the worsirgoverned country known in two Spain, or one where the law at home is determined more inde thousand years. pendently or resolutely. As I have before intimated,. I believe it to be the- duty of the. But this is far different in Cuba. The judicialtribunals in Cuba,. United States to use the great power attaching to the nation tO owing their selection to the pre-ferences of the authorities in Spail;l, declare and to maintain1 as a prerogative of right, belonging gen have come to look upon their offices not as independent law erally to republicanism, and specifically to this Republic, that no defining courts, but as mere clerkshi:ps of the dynasty in power charnel house of ruin shall be continued in the West IndiaD. for the simple recording and announcement of the will of their waters, whose waves break at our very front gate, any longer Buperiors:.. They have become often mere corrupt bargain-making than the time it shall require to break it up. I put it on that officials who thrive upon the spoils which come to their hands, ground, and on the ground of humanity as well, bec-ause the world and who thrive best when the people at large suffer most. knows. that no hnmanity is manifested there on the part of th~ The American people are coming to the consideration of the Spanish army. And if the duty of suppressing this damning b_lot Cuban situation as they already have in certain other cases, as a and erasing it forever from s:ight shall fall alone upon the United' great political question, a continental question, if you please. States~ so be it. Have we fallen so low as to have forgotten thO. And being a politica.l continental question, it WI1l be decided ulti sacrifices which men of genius and character and honor made ip mately by the continent whose interests are most clearly involved.. behalf of this country in its days of trouble? Have we forgotten Geographically considered, Cuba can not belong to Spain~ A and enshrouded the glorious memory of Lafayette? Have W~ · line drawn from the south Florida headlands to the mouth of the. turned to the wall the pictures of Pulaski, of Steuben, of De Kalb, Orinoco places Cuba on the American side. The great Antillean and others long since in glory? These nlen cast their lives and sea which surrounds Cuba and other i lands is but an extension. their fortunes at OUI' feet that we might succeed. But we shall Qf the- Mexican Gulf', and geographically Cuba belongs, as politi n.ot stand alone in the warfare which maY. follow in behalf of ({Om cally it ought to belong, to the American Continent of Republics, mon humanity. Nation after pation will make joint cause witp and not to Spain or Europe. Geographically Cuba is in Ameri• tlS in such a. struggle, and when we have succeeded and shall have . ' .' 1896. CONGRESSIONAL RECORD-SENATE. 65 made into law the principle, and made into history the fact, every ~SSA.GE FROM THE HOUSE. other country worth naming will regret its mistake in not partici pating in the humane work. A message from the House of Representatives by Mr. W J · The effort can not fail. We shall not wage any warfare for the BROWNING, its Chief Olerk, announced that the Ho~se had agr~ed acquisition of territory for ourselves. We shall not claim Cuba to th~ amendments of t.he S~nate to the bill (H. R. 4052) approving as a reward for saving her from the slaughter, but we will not cert~m acts of .tJ;e legiSl~tive assembly of the Territory of New see that fair island turned again to the mercies of wild beasts and MeXIco, authonzmg the ISsue of certain bonds of said Territory vultures of war whose only stimulus is gain. Cuba libre-free numbered 1 and 4; disagreed to the amendment numbered 3; · Cuba-is the reward, and what a glorious reward will that bel agreed to the amendment numbered· 2, with an amendment in Every citizen of the United States will feel that his birthright as which it requested the concurrence of the Senate. an American freeman will mean something. Every lover of lib The message also announced that the House had passed the fol erty the world over will exult in the progress and advancement of lowing bills and joint resolution; in which it requested the con man. The breadth and stature of indivfaual Americanism will currence of the Senate: be enlarged and ennobled. Society will feel that its doors need A bill (H. R. 3500) to authorize the adjustment and settlement not be clos~d against wrong and oppression, for there will be none of accounts of John Y. Williams; who dare molest and make afraid. A settlement is to be had. A A bill (H. R. 414.2 ) to protect settlement rights where two or settlement must be made. The account has been open and run- more persons settle upon the same subdivision of agricultural , ning long enough-yes, far too long. To its settlement we may public lands before survey thereof; properly invite the cooperation of all the Republics of the Ameri A bill (H. R. 7716) to · amend section 1921 of the Revised Stat- can Continent. But the end of the devastation must be deter utes, and for other purposes; . mined. The United States must furnish the occasion, if it does A bill (H. R. 8676) to enable the town of Flagstaff in the Ter not otherwise arise. ritor:y- c;>f Arizona! to issue bonds to construct a water ~ystem; and If other means fail, we m.ay consider the propriety of a fair pur A JOin! resolutiOn (H. ~es. 152) to authorize the Secretary of chase of Cuba. That method has had its share of consideration the Intenor to use Fort Bidwell for an Indian training school. · .. under previous Administrations. It is not that we want the terri ISSUE OF BONDS IN NEW MEXICO. tory, but we mean that the trouble shall meet a just settlement Mr. CALL. Mr. President- .._I and conclusion. Let the end come, and come quickly. Let the Yr. WOLCOTT. I ask the Senator from Florida kindly to bloodshed cease, and let freedom and humanity be glorified. yield to me for a moment. The wisdom and discretion of an American President and Cabi Mr. CAL.L. Certainly. net can certainly find a way to determine the trouble without Mr. WOLCOTT. I ask the Chair to Jay before the Senate the imperiling the interests of our country or our people. I have amendment of the other House to House bill4052 which has "just little choice or preference as to the particular method, but I do come over. It is a bill which passed the Senate at' the last session want, and I know the public expects, a settlement on a humane ::elating ~o validating some bonds of the Territory of New Mex~ and just basis. Ico. I Wish to move that the Senate concur in the House amend The United States can do no less than to initiate this effort for ment. humanity and liberty. TJ;e PRESIDING OFFICER (Mr. HILL in the chair). The I can n?t more appropriately close these remarks than by giving Chair lays the amendment of the House of Representatives be the beautiful apostrophe to our :Republic and its mistdon, delivered fore the Senate. Does the Senator from Colorado desire to have at Gettysburg in 1869 by an American poet, Bayard Taylor: the amendment read? Now, in her seat secure, Mr. WOLCOTT. No; it is not necessary. Where distant menaces no more can reach her, Om' land in undivided freedom pure, Mr. COCKRELL. The amendment will have to be read. It Becomes the unwilling world's unconscious teacher; can n~t be passed upon without reading. And day by day beneath serener skies, The PR'ESIDING OFFICER. The amendment will be read. The unshaken pillars of her palace rise- Those Doric shafts, that lightly upward press, The Secretary proceeded to read the amendment of the House of And hide in grace their giant massiveness. Representatives to the amendment of the Senate numbered 2 to * * * . * * * • the bill (H. R. 4052). approving certai~ . acts of the legislative as Her once war-wasted arm, sembly of the Territqry of New Mexico, authorizing the issue of Put forth to shield a sister land from harm1 certain bonds of said Territory. . Ere the last blood on her own blade bad dned, Shall still be stretched to succor and to guide, Mr. COCKRELL. I beg to state to the Senator from Colorado that I can not con_sent that a new bill which has been passed by ~fig~~~~;eY~~d£~tb-~:eeJ~g each need, the House shall be called up and put upon its passage in this way Along our eastern and our western wave, Still strong to smite, still beautiful to save. Let it be printed and lie on the table. • Mr. WOLCOTT. I think perhaps after a statement I shall Mr. Ptesident, I move the reference of the joint resolution to make to the Senator from Missouri he will revise his view of the the Committee on Foreign Relations. measure. The motion was agreed to. Mr. COCKRELL. No, I can not revise it. It is a new bill. I CAROLINE A.. HOUGH. recollect the Se:pate bill very well, and this is an entirely new Mr. GALLINGER submitted the following report: measure. The committee of confer ence on the disagreeing votes of the two Houses on Mr. WO~COTT. I wil~ say to the Senator that it is identically the ame~dment of the Se_nate to th~ bill (H. R. 2ti0i) to increase the pension the sam~ bill except that It does away with the objection which of Caroline A. Hough, Widow of Brig. Gen. John Hough, having met, after the President had to the measure. He was of opinion that the full. and free. conference have agreed to recommend and do recommend to restrictive clause at the end prevented the operation of the bill their respective Houses as follows : That the House recede from its disagreement to the amendment of the Iri other respects the bill is identical with the bill passed before: Senate, and agree to the same Mr. COCKRELL. Just let it be printed and lie on the' table J. H. GALLINGER, I do not want to have it referred. ' WILLIAM F. VILAS FRA.l.~K J. CANNON, Mr. WOLCOTT. Very well. It has been to the committee of Managers on the part of the Senate. this body. . BENSON WOOD, Mr. COCKRELL. It can be called up to-morrow. I can not . C. A. SULLOWAY, keep the run of it from the reading, and wish to have it in print. WILLIAM BAKER Managers on the part of the House. Mr. WOLCOTT. Very well. · The PRESIDING OFFICER. The amendment will be ordered The report was concurred in. printed, and it will lie on the table for the present. MRS. MARY GOULD OA.RR, AFFAIRS IN CUBA.. Mr. GALLINGER submitted the following report: Mr. CALL. I ask the indulgence of the Senate in order that The committ~e of conference on t he disagreeing votes of the two Houses on the amendment of the Senate t o the bill (H . R. 4354) granting a pension to the joint resolution which I introduced yesterday morning may Mrs. Mary Gould Carr, widow of the late Brig. and Bvt. Maj. Gen. Joseph B. be laid before the Senate and read. Carr~ havmg met, after full and fr ee conference have agreed to recommend . :rhe VICE-~R~srpE.tiT. The Chair lays before the Senate the and ao recommend to their r espective Houses as follows: That the House recede from its disagreement to the amendment of the JOmt resolutiOn mdicated by the Senator from Florida which Senate, and agree to the same. will be read. ' J. H. GALLINGER, · The joint resolution (S. R. 164) recognizing the Republic of FRANK J. CANNON, Cuba as a free and independent government was 1·ead, as follows: Managers on the part of the Senate. THEODORE L. POOLE, R es.o_lvecJ. by the _Senate and House o.f Repre_sentatives of the Un.ited States of W. S. KERR, A m.e11.ca tn Con g1 ess assem bled, That the Umted States of America recognizes Managers on the part of the House. the Republic of Cuba as a free and independent government and accords to jE-e people of Cuba all the ri~hts of a sovereign and independent government The report was concurred in. AU the ports and within the JUrisdiction of the United States. . XXIX-5 CONGRESSIONAL RECORD-SENATE. DECEMBER 19, :66 < • ' Mr. CALL. :Mr. President I desire to submit a few brief ob of the ten years' war which. terminated in 1878-79', and which servations upon the joint resolution. Before doing so, however, presented to the world the evidence of a united people determined I will ask the Secretary to read two certain communications which to establis-h their own independence of the Governnient of Spain, I send to the desk. • · exhibiting in that long period of time a capacity to defend them The PRESIDING OFFICER (Mr. HILL in the chair). The selves and to establish by force-a. government of their own, and Secretary wiU read as reque ted. who were finally induced to lay down their arms only by promise The Secretary read as follows: of autonomy or self-g.over:nment,. through which the people of [No. 67.J Cuba should be enabled entirely to govern th€m.selves and con- CONS"VL.M'l!l OE' 'l'HE UNITED ST.ll:ES, ' trol their own a:ffaim. ..M 'atanzgs, N011ember S~ 1'896. Ten years expired, and the same condition of things continued SIR: I have the honor to inform tml Department that an interview was in the island. The same feeling of revolt, of opp~on to the rule of granted by Spanish authorities with Os:car Cespedes this morning at 9 o'dook, the and his deposition taken. (See inclosure No.1.) Spanish Government, continued. Whether or not it was justi-· The civil governor sent for m e last evening (8 o'c-lock) an.dinfo.rmed.me that fiahle is not the- question for us to consider. · It is a fact that here th-e: case of Mr. Cespedes had been transferred from milita.ry to. civi1 juris are a people who fm· the last twenty-five years have determined diction, and that I could visit the prisoner at date given above. His spoltlgi.es to make themselves independent,, and now after a period of three for d elay in this case were profuse. I find Mr. Cespedes to be an intelligent- you.ng man, barely21 years o! age. years, are in possession of nearly two--thirds of the territory of the. lie is badly broken down in health and his m-emory somewhat affected. If island1 as the President himself states. The President, in his hiR statement can be corroborat-ed by hls friends in Key-West and elsewhere me.ssage, with the singular felicity of expression which belongs to I feel sure my influence with the governor of this province can. J?I:OOtll'e him an earir trial and release; in fact, I hope to secure his release Wlthout trial. him, says. that we must continue to wait. He says: Any mstructions or information relative to this case would be greatly Until we face the contingencies. sugges ted, ffi" the situation is by other inci appreciated. dents imperatively changed, we should continue in the hne of conduct here I a.xn, sir, your obedient servant, A. C. BRICE, tofore pursued. thus in an circumstances 'exhl'biting our obedienc-e: to the Uni ted Sta.tes Consul. requirements of public law and our regard for the duty enjoined upon us by Hon. WILLIAM W. ROOKHILL, ,• the position we occupy in the family of natipns_ Assiitant &cretary of Bt~ Washington, D. C. [Inclosure No.1.] Mr_ President, what reason can be given for not taking some action recognizing the fact that here are a people who have estab Deposition of Oscar Cespedes [copy], with ref'er&nces. · References given by Mr. Oscar de CE>spe,d:es: Mr. HiramSeymour, :Revenue lished a ~overnment for themselves.? Wno has a right to say that Cutter Service K&yWest; Mr. B. P .. Ba.ker. fn:rniture de&ler,,KeyWest; Mr. because 1t is or is nDt a eivil government,. ·hut a. military govern Angelo Figueredo, at Mr. Galo's cigar manufactory, Key West; Mr. Fer ment it shall :not 00-reeOoonized? nando Figueredo, mayor of West Tampa; Mr. Carlos Manuel de Cespedes (father of Oscar), formerly mayor of Key West about eighteen years ago. In what part of the public law of nations is the proposition DEPOSITION GF OSCAR DE CESPEDES, T:A.KilN A'r THE JAIL AT MATANZAS, eontained that a people may not establish a military government? OCTOBERS, 1.896. What is. R.n.ss:ia;. what is Germany; what are all the autocratic I am a natiive of Key West Fla.;. 00 years of age; came to Cuba on th~ 3d. governments of the world but governments resting upon mili or July, 1896, on board the tug Comrnadar,e,. a."i a reporter toe the Key West tary power-upon force? · And why should we consider the ques H erald. J was ca]>tured on Septembe:r 2", 1896, at '' Hato de TlCarii;a,., near Zapata, tion whether or not those people proceed by civil processes?- But by the Spanish column of Colonel Molina. they do. They have an organized government· and the question At the time I was captru·ed I was lying hy the roadside under shelteJ' of for us is, How shall we exert the power that is in onr hands to trees and sick with fever, and without arms of any nature whatevm:. perform the-legitimate duties of government in the protection of I was then :placed on a horse and: started. under man:h and ill t~ted all the way to Tiiira. de Macurijes, the leader of my horse striking me with the olll' own citizens and our commercial rights ·and interests in barrel or his rifle the blows meant for the horse. I was left at Tilira de another country?. What shall w~do? We can not try Spain, as Macurijes two days and finally brought to Matanzas a.n.:d eonfined at San CULLOM), Severino Castle, and on aeeonnt of my siekn.ess I was sent to- th& infirmary of my learned friend, the Senator from Illinois [Mr. has the city iail,. where: I have :remained to tlate. done in his arraignment here. because o.f her history The history I am a native-born American citizen, a.nddoherebydeclare,under.oothth.at of Spain is full of grandeur. She pl'esents characters as distin I cam~ to Cuba, as before statef pacifying the island and have been languishing for months and months in the jails and of developing its resoUl'ces under good government might be castles of Cuba, and have been transported to Ceuta-American resorted to. I came to this body immediately after th~conclusion citizens entitled to the protection of this Government. Taking 1896. CONGRESSIONAL RECORD-SENATE. '67 possession of-Cuba will ·not relie-ve those American citizens, nor right to recognition as a government whether they shall ulti will the declaration of this Government that we recognize the mately succeed or not. independence of Cuba. That is a differe-nt subje-ct. But how With what power ean a government treat for the protection of shall we prevent the destruction of American commercial rights? the property and life of its citirens or subjects unless it be with .By recognizing the only power that over two-thirds of that island that power which can protect them, which has-subverted the legiti can protect the American citizen and the property of the citizen .of m-ate and regular authority? If this be not b·ue, it follows that the United States found there. theymustrem.ain unprotected, withnothingbuttherightof indem That is the statement of the President. That is true. For three nity or damages against perhaps an irresponsible and failing power. years the interior of that island has been under the dominion of How will Spain with her diminished resour~es ever be able to the insurgent forces organized as a republic. What justification, indemnify the people of the United States for the 50,000,000 of then, in the light of this fact., can there be for not protecting the money invested in the estates and plantations of Cuba? How will property of the citizens of the United States acquired under treaty Spain indemnify the people of the United States for the citizens of regulations? What better argument for the passage of this reso the United States transported to Ceuta and there for life sentenced lution is there than the fact that Spain is impotent to enforce the to penallalr.or and confinement? rights of American citizens in the territory of Cuba? We may Mr. President, there seems to me to be no two sides to the ques demand of Spain indemnity; we may insist that she shall give the 68 CONGRESSIONAL RECORD-SENATE. DECEJ\1BER 10, properly to present the question at the present time without the The P;RESIDING OFFICER. The Chair would suggest that . information thus afforded in the report. the motiOn made by the Senator from Maryland is not quite in I make the spggestion from a consideration of the further fact order. The Chair understands that the motion to postpone must that there are several Senators who desire to be heard on the bill be either indefinitely_or to·a day certain. The Chair would sug who are not now prepared, but who will be prepared at the time gest to the Senator from Maryland that he modify his motion so designated. Therefore I most earnestly ask the Senator from as to move to postpone the bill to a day certain-say ·the fu·st Massachusetts that he will accede to what I regard as a reasonable Monday in January. Then the motion would be in order. request. Mr. GIBSON. I will do so. Mr. LODGE. I have acceded to request after request for the The PRESIDING OFFICER. The Chair will then regard that delay of the bill. The delay proposed, I conceive, would have the motion as pending. effect of ultimate1y defeating the bill. All the speeches to be made Mr. LODGE. The motion, I understand, is to postpone the of whicli I had any knowledge were made upon the bill at the last bill until the fu·st Monday in January. session. At the request of the Senator from Maryland it was put The PRESIDING OFFICER. That is the pending motion. over again and again, and finally I allowed it at his request to go Mr. LODGE. On that motion I ask for the yeas and nays. over from one session to another. Mr. GIBSON. I desire, before the yeas and nays are called to The report'of the Commissioner of Immigration is here. We subjoin to the remarks which I made a few moments ago With1 have all had copies of it. It contains nothing directly affecting reference to the necessity for the restriction of immig1·ation, that the bill beyond a strong argument from its statistics in its favor. the States of this Union are not demanding the restriction sug This is a very important measure. Both parties favored there gested by the Senator from Massachusetts. I know nothing of striction of immigration in their platforms. There is a great what may be the interests of the steamship companies. I do not demand from all parts of the country for action on the bill. represent the steamship companies on the floor of the Senate. I know of no opposition to the bill except that which emanates Let their interests be what they may. from the steamship lines directly interested in the carrying of But what I do mean to say, Mr. President, is that one of the immigrants. I have no desire in the world to do anything to States of this Union, one of the most flourishing and prosperous . affect adversely the business of the steamship lines running to and States in the American Union to-day, the State which I have the from the United States, but I think the question of immigration honor in part to represent in the Senate of the United .States, has is far more important than the interests of a company engaged in in its history never more than now demanded that there shall not any business. be the restrictions upon immigration which are sought in this The bill has been long before the country. It is an extremely measure, deeming even those which already exist as prejudicial moderate measure. It does not go nearly as far as go the demands to a very great extent to the interests of Maryland. in the many petitions which have come m. I am very desirous to But in addition to what I have suggested, Maryland, by its last get a vote upon the bill as soon as possible. act of assembly, has added larger powers to its board of immigra I have no wish to delay the Senate. I do not know of any fur tion, and sends abroad every year an agent at a salary of 85,000 ther arguments that are to be made. There are a number of or $10,000 a year to invite immigration to the State, which now amendments which Senators desire to offer, and which can be has a population, I think, of 105 to the square mile. offered after the substitution of the Senate bill for the House bill Mr. CHANDLER. Mr. President- has been voted upon. :M:r. LODGE. If the Senator from New Hampshire will allow I feel it my duty, M it is the wish of a majority of the commit me, I desire simply to disclaim any idea that I suggested that the tee, to press the bill to a vote at t.he earliest possible time. rdo Senator from Maryland represeilted''the steamship companies. not wish to do anything in the least discourteous to any other Sen All I said was that the opposition from outside-all the opposition ator, but I think that we have made every concession in the way I had heard of or could find-emanated from the steamship com~ of time that can reasonably be asked of us. panies. I have not heard of it in any other quarter. - Mr. GIBSON. Mr. President, I differ very radically from the Mr. CHANDLER. Mr. President, I ask the Senator from Mary· views of the Senator from Massachusetts with reference to the land to withdraw his motion to postpone. I do not think the advisability of the passage of this bill. Nor do I regard from Senator ought to begin to oppose this bill by dilatory motions. the same standpoint the report of .the Commissioner of Immigra The motion he has made is a dilatory motion. The bill was post;.. tion on this question. I think it will be observed by every Sena poned yesterday to accommodate the· Senator's colleague. The tor who has the opportunity carefully to read his recent report Senator himself knows perfectly well what this bill is. He made that he differs very widely from the views suggested by the Sena an eloquent and elaborate speech against it during the recent ses tor from Massachusetts, and the recommendation in· this bill of sion. The Senator knows that there is very little time before Con the restriction of immigration. His suggestion is entirely the gress between now and the 4th of March, and while I am glad to hear reverse. He says expressly in his report that the great danger, the arguments of the Senator, and glad to hear the argument he which the Senator from Massachusetts has so carefully and elo has just made against the bill, I think he ought to concur with quently urged, to the institutions of this country from the over the friends of the bill in expediting its consideration. crowded condition of the foreign population is the reverse, and Let us have the debate which Senators choose to inflict upon the that instead of there being an overcrowding of foreign immigra Senate, and let us have such amendments as Senators choose to tion there is a decrease each year under the wise and healthful offer; but let us go on with the bill and get it out of the way, in laws already provided upon our statute books of foreign immigra order that other important legislation may be considered. tion, and that to-day there are only 50 per cent of the foreign I ask the Senator why he wishes to make a dilatory motion? I immigrants who came to this country since 1820 remaining; they ask him in all kindness, and paying the tribute of my respect to have died or they have gone back to the country from whence the fidelity of the Senator to his public duty on all occasions, td they came. withdraw his motion and not to get in the way of the decent and So far as having availed myself of the courtesy of the Senator orderly consideration of this bill. , · from Massachusetts with reference to extending the considera Mr. GIBSON. Mr. President, the Senator from New Hamp tion of the bill from the last session to the present is concerned, shire asks me why I make a motion which, in his judgment, is I am to·day fu·st advised of it. I thank him, however, for the dilatory in this connectiop.. I do not agree with the Senator from sugge tion which he now makes. With reference to his courtesy New Hampshire in his suggestion as to a dilatory motion, so far for such extension, I had credited that fact to an entirely different as the proposition which I have submitted to the Senate is con source. cerned. I regard as dilatory a motion made for no purpose except Be that as it may, however, Mr. President, I again urge that for the purposes of hindrance or delay. I am not filibustering. I the request I made, if not acquiesced, in by the Senator from Mas have stated expressly that the request which I at first appealed td sachusetts, shall now be put in.the shape of a motion, that the bill the Senator from Massachusetts to concede, and which I afterwards with the amendments proposed shall be temporarily laid aside, presented in the shape of a motion, which I will now make, to post without prejudice, until after the holiday recess. pone to a day named, was not made for the purpose of delay, but Mr. LODGE . . I have read the report of the Commissioner of was made for the purpose of securing ·time for an intelligent ap Immigration. That is all I desire to say. He suggests several preciation of the merits of this measure, which intelligent appre pages of amendments and changes and improvements in the law ciation can only be had in the shape of information which comes which it would take weeks and months to perfect into a bill. from the source recognized by Congress as the proper one-the The argument that I referred to when I said that.he made the report of the Commissioner-General of Immigration to the Secre· strongest argument in behalf of this bill was that if the bill had tary of the Treasury. been a law 75,000 immigrants who have come to .the country this Mr. CHANDLER. The Senator has the recommendation of the year would not have entered. We an know there are a great Commissioner-General of Immigration, and of his two associates many persons in this countTy to-day unemployed. We differ as who were on the oo.t.llmission to inquire into this subject, infavot to the reasons for that fact, but we all deplore it, and we certainly of an intelligence qualification. They are in favor of this bill.- • 1are not going to benefit the condition of those unemployed persons Mr. GIBSON. That, I submit, is a question which must b~ or to make their numbers any less by opening our gates without passed upon by the Senate itself, and not to be accepted on the restriction, as we do, to the unemployed of all the rest of the world. . ipse dixit of either the Senator from Massachusetts or the Senator I should like to ask if the motion is to postpone to a day certain. from New Hampshire. I do not agree with the suggestion of th~ 1896. CONGRESSION'AL RECORD-SENATE. 69 Senator from New Hampshire as to the report of the Commissioner- ator quotes, but. he seems not to have read .the report to which I General of Immigration. · refer~ although he· is the first senator in this body who had the Mr. CHANDLER. If the Senator will allow me, my point is benefit of an advance copy of it. that we want the Senate to pass upon it; we want the Senate to go I submit, Mr. President, that the report of the _Commissioner· right on and consider this bill; and when the Senator says we are General of lriimigration, which I now hold in my hand, is essen~ going to get any further light on this subject to be given by the tially different from the report previously made, and the recom report of the Commissioner-General of Immigration, which has mendations which he suggests as submitted by the Senator from been brought into the Senate and is now being printed, he is not New Hampshire have been discarded in the last report, and other serious; he is jocose. The Senator knows as well. as any other recommendations made which the Senate has not yet had the ben Senator here that we have all the information we want to pass efit of information upon, and can not have without the report to upon this bill except such speeches as Senators choose to make. which I refer. · So, in all sincerity_and good faith, I ask the Senator to withdraw Mr. CHANDLER. May I ask the Senator in all sincerity to his motion and let us go on with the consideration of the bill. read that portion of the report? Mr. GIBSON. !repeat, Mr. President, that the statement made Mr. GIBSON. I will do so; that is what I was about to do. by the Senator from New Hampshire as to the contents of the Referring to these very recommendations made by the Committee report of the Commissioner-General of Immigration will not be on Immigration; the Commissioner-General of !~migration sug borne out by the report itself, and it is an intelligent c.omprehen gests primarily with reference to the illiteracy of the inimigrants: sion of that report which I ask, and which can only be had by The illiterate immigrant, however, is not to be considered an-undesirable other Senators, who have not had the same opportunities for infor accession to our population, since he often proves a more honest, maustrious, mation as the Senator from New Hampshire, who got the first of ~g;:rifty citizen than many who come equipped ;?th money ~nd an edu• the advance copies of the report. This report of the Commissioner-General of Immigration puts Directly the reverse of the recommendations as suggested in the an e:Q.tirely different light upon this question from that presented report of the Committee on Immigration, of which the Senator by the report of the committee as made by its chairman, the Sen himself is a member. · ator from Massachusetts, and I have asked, not in the sense of Mr. LODGE. If the Senator will allow me, what I should being jocose, but in the sense of never being more serious in my like to have him read to the Senate is the part of the report where life, upon a subject which demands the attention of the Senate of he thinks the Commi88ioner-General takes back the distinct recom the United States, that the opportunity to do that which I ask mendation of last year. - shall be afforded. Mr. GIBSON. I do not take my language from that of the I have added to that also, Mr. President, the further suggestion Senator from Massachusetts. I have not suggested that the Com that there are Senators upon this floor who desire to be heard upon missioner-General of Immigration recanted anything in the sense this question. Even if that request under ordinary circumstances of "taking back," but he makes suggestions which, by a parity of should be sought to be denied, under the circumstances surround reasoning with what I have suggested, mean not a recanting, but ing this case, where there is no necessity for haste, no necessity he suggests something different from what has been suggested before, and what, in his judgment, he regards as the latest and . \ for the rapid course which is asked at the hands of the Senate at the best information on this important subject which he is so this time, I ask that this motion shall prevail. largely aharged with disseminating. · - I therefore renew the motion to postpone to a day certain in I will gratify the Senator from Massachusetts in that connec- January, when the Senate shall meet-! have not the Calendar tion-- · · _ before me, but will say after the holiday recess, the first Monday in January. Mr. LODGE. What I ask, if the Senator will pardon me, is Mr. CHANDLER. Mr. President, I want to call the attention that he should read the passage which I understood him to sav re of the Senator from Maryland to the report of the commission verses the verdict of those gentlemen of last year. Last year they appointed by the Secretary of the Treasury, consisting of the recommended the illiteracy test as on the whole the best. Now I Commissioner-General of Immigration, Mr. Stump, from the Sen want the passage read where they say they no longer think so. ator's own State; Dr. Senner, the commissioner·at the portof New Mr. GIBSON. I have it, though I may not be able to turn my York, and Mr. McSweeney, sec1·etarytothe commissioners. Their eye to it instantly, because I had no idea that this discussion would report is dated October 7, 1895. · · · assumethephasewhichithas at this time. If such a proposition is · Mr. GIBSON. Will the Senator from New Hampshire yield to not so demonstrable.by oneinterestedas I am it is certainly a strong me a moment for the purpose of requesting him to advise the object lesson with reference to what I have s·uggested about other Senate that the report from which he now reads is not the last Senators who have not had the opportunity to be interested in this ·report of the Commissioner-General of Immigration? question as I haye. This is the language of the report: The immigration laws have been found to work with reasonable satisfac Mr. CHANDLER. It is not; Mr. President; but it is the expres tion, but practical administration has demonstrated the necessity for amend sion of the opinion of Mr-.. St~p, Dr. Senner, and Mr. McSweeney ments and--additions which will add...-t;o· their efficiency. ·For amendments on the 7th of October, 1895, in which they recommend in the con suggested see page 17 of this report. clusion of their report the adoption of the intelligence clause. Among those suggestions made by the Commissioner-General • They say nothing more than the ability of the immigrant to read of Immigration as amendments to the already existing law not and. write in his native tongue should be required, and that such one word as to the illiteracy test is suggested following the line a r equirement would exclude only such immigrants as are unde of the bill reported by the Senator from Massachusetts. sirable for other reasons, and conclude.as follows: Mr. LODGE. What I want is the passage in which the Com There is no doubt that the introduction of the literary test would greatly missioner-General takes back the distinct recommendation made facilitat e the solution of the immigration problem, and do more than any last year with Dr. Senner and Mr. McSweeney. _ one thing to lessen the present popular aversion to immigration. Mr. GIBSON. I have referred to no passage in the report of All of which is respectfully submitted. HERMAN STUMP, Ohai1'1nan, the Commissioner-General where the recanting or the taking back Dr. J.JL SENNER, of anything had been suggested by the Commissioner-General. EDW. F. McSWEENEY, Secretary,. Mr. LODGE. That is all I desire to have known. Commissioners. Mr. GIBSON. But the report refers to suggestions made bf Here is a report which is not taken back in the current report; him which he makes in the shape of amendments to the existing it is the opinion of those officers still, and the Senator from Mary law. Nowhere in those suggestions have been found the recom land has the gravity to ask that he may have time to familiarize mendations of the Committee on Immigration, but, on the con himself with the last report- · trary, at the conclusion of those suggestions the Commissioner Mr. GIBSON. No; not myself-- General of Immigration expressly says in language specific, by Mr. CHANDLER. With the last report of the Commissioner way of a striking contrast, as I claim, to the report of th4; Com General of Immigration not yet printed, which does not take any mittee on Immigration-what? By way of an express answer to different ground from the previous report of October 7, 1895, when the suggestion contained in this bill the Commissioner-General the Senator has not even read that report. . We can not wait says: another year for the Senator to read this year's report, when he The illiterate immigrant, however, is not t o be considered an undesirable has not read last year's report. accession to our population. Mr. GIBSON. I beg the Senator's pardon. I did not catch the Mr. LODGE. I think, if the Senator will read the passage as it last remark which the Senator from New Hampshire made. Will stands, he will find it reads: he do me the kindness to repeat it? The illiterate immigrant, however, is not always to be considered an unde- Mr. CHANDLER. I said we could not wait a year for the Sen sirable accession. a tor to read the report of this year, when he has not yet familiarized Mr. GIBSON. Did I not so read it? . himself with the report of the commission made a year ago. Mr. LODGE. I think the Senator left out the word" always." · ~r. GIBSON. I will leave the suggestion of the Senator from Mr. GIBSON. Then I did not so intend. I did not propose to New Hampshire, with reference to that proposition, to other add to or take away a word from thareport. I am sorry that the minds than his o1vn. I have read the report from which the Sen- Senator from Massachusetts should have fonnd it in his heart to 70 CONGRESSIONAL- RECORD-SENATE. DECEMBER 10, - make a suggestion which no eonrse of conduct of mihein this con- state t-he act-ual increase in our foreign-born population in 1890 over that of nection, or ever before, has warranted. I have not misinter- 1880 at but 2,569,604, or less than half the actual arrivals for the same period, preted nor misquoted, Mr. President. I would ask the indulgence ~~~:;~nee representing those who died and those who left for foreign of the Senate-- - In confirm!Ltion of the la.rge proportion which according to the above Mr. LODGE. I merely asked the Senator to read the language flgnresre~s here only~mporarily_maybe adduced the data supplied me as it stood. He read " is not to be considered" when the repo·_. by the varlous transportation comJ>ames for the year 1895, Rho wing that they tJ. " brought to this country 328.,246 steerage passengers and carried back 154 071. put in the wo1·d ''always." or about 50 per cent. All of the fermer passengers were not immigran~ for Mr. GIBSON. The Senate shall be the judge whether or not I some were United States citizens; nor were the latter all returning aliens· have departed from the lan!rnage of the Commissioner-General of but the figures a.re significant and show what is often lost sight of-that ~ ~ v~ry large ded.uction must be made from the actual arrivals to ascertain Immigration. I read again: With any degree of accuracy how many become permanent residents of this The illiterate immigrant, however, is not always to be considered an unde- countrv. sira.ble accession to our population--'- _ - - That is all I propose to re'ad in gratification of the suggestion of I think that is just the way I read it before- the Senator from Massachusetts in this connection; and I now since he often proves a more honest, industrious, and thrifty citizen than renew the motion which I made a few moments since, so that the many who·come equipped with money and an education. opportunity which I have suggested for information as contained Mr. LODGE. Will the Senator now read to the Senate the two in this report may be intelligently passed upon by the Senate. preceding paragraphs? The PRESIDING OFFICER. The Senator from Maryland Mr. GIBSON. I will read the preceding paragraphs. The pre- moves that the further consideration of the bill be postponed until ceding paragraphs-if the Senator from Massachusetts means that the first Monday in January next, on which the yeas and nays have ·I shall be the source of enlightenment to the Senate in this con- been demanded. ,nection-contain a summary of the Commissioner-General's deduc- The yeas and nays were ordered. tions from the administration of the laws already upon our statute : Mr. LODGE. Before the roll is called, I wish to make an in books. He says in his report to the Secretary of the Treasury: quiry. This is a motion, as I understand, to postpone to a day It is gratifying to me to be again able to report to you that I know of no certain in January next. immigrant landed in this country within the past year who is now a burden The PRESIDING OFFICER. Until the first Jltlonday in J ann- upon any public or private institution. ary next. - _ Mr. LODGE. Will the Senator kindly tell me from where he The Secretary proceeded to call the roll. · is reading? I asked him to be good enough to read to the Senate Mr. BATE.{when his name was called). I am paired with the the two preceding paragraphs as to illiterate immigrants, which Senator from Utah [Mr. BRowN], and withhold my vote, as he is are as follows: not here. From the above table it appears that the education of the masses is Mr. BERRY (when his name was called). I am paired with neglected to the greatest extent in Italy, Austria-Hungary, and Russia, the Senator from Colorado [Mr. TELLER]. If he were present, I while the largest proportion of those who can read and write came from should vote" yea." Switzerland, France, Denmark, Sweden, and Germany. ,..,.. CALL ( h h' lied) I · d 'th th As exhibiting the close alliance that exists between Ignorance and poverty, .w.r. w en 18 name was ca . am parre W1 e yourattentionisdirectedtothesubjoinedtableofthenationalityandnum- Senator from Vermont [Mr. PROCTOR]. I do not know how he berofimmigrantswhohavebeendeportedasliabletobecome-publiccharges. would vote on this question if present. Mr. GIBSON. From what page of that report does th~ Senator Mr. HARRIS (when his name was called). I am paired with from Massachusetts read? the Senator from Ve1·mont [Mr. MoRRILL], who is absent. Mr. LODGE. That is the one I wanted the S_enator to read, Mr. JONES of Arkansas. I am requested by the Senator from but it has been read now. Alabama [Mr. MORGAN] to announce his pair with the Senator Mr. GIBSON. Mr. President, I understood the Senator from from Pennsylvania [Mr. QUAY]. Massachusetts to say that he desired to have read the preceding Mr. 1t1cMILLAN (when his name was called). I am paired with paragraphs to the one which I had before read, and I was pro- the Senator from Kentucky [Mr. BLACirnURN]. ceeding to do so. I have 1·espectfully asked of him the page of Mr. MARTIN (when his name was called). I am paired with the report. the Senator from Montana [Mr. MANTLE], and as he is not present, , Mr. LODGE. I said the two preceding paragraphs-the ones I withhold my vote. which I have just read. Mr. PASCO (when his name was called). I am paired with the Mr. GIBSON. As I understood the Senator from Massachu- Senator from Washington [Mr. WILSoN], but I transfer that pair setts, I will proceed to read the preceding paragraphs to the one to the Senator from Indiana [Mr. VooRHEES l , and vote "yea." to which I have referred as the conclusion of the report of the Mr. QUAY (when his name was called). 1 have a general pair Commissioner-General as to the illiteracy test as applied by this with the Senator from Alabama [Mr. MoRGANl. Not knowing .. -bill. I did not hear him say the two preceding, but the preceding how he would vote upon this question, I withhold my vote. I paragraphs, and among those preceding paragraphs passing-upon should vote "nay" if I were not paired. all of the laws which are upon our statute books, he says: Mr. SHOUP (when his name was called). I have a regnlar pair It is gratifying to me to be again able to report to you that I know of no with the Senator from California [Mr. WHITE]. I do not know immigrant landed in this country within the past year who is now a burden how he would vote if present, and therefore I withhold my vote. upon any public or private institution. The roll call was concluded. W1th some exceptions, the physical characteristics of the year's immigra- Mr. CUL L01\I. I have a general pair with the Senator from tionwere thoseofa hardy,souud,laboringclas accustomed,andapvarently D 1 ~1\I G ] N t k · h h well able, to earn a livelihood wherever capable and industrious labor can e aware r. RAY • 0 no Wing ow e would vote, I feel secure employment. Astooccupations,itwascomposedlargelyof the classes constraine to withhold my vote. 1 should vote "nay" if at designated as "skilled and un.skilled laborers," with some professionals. liberty. The amount of muney brought into the country by immigrants was at least 11.<~" 1\4" BRIDE I · "th th S t fr $4,917,318,andprobablywaslargelyinexcessofthesefigures,sinceonlythose .1n.l' • .lY.LC ' announce my pair Wl . e ena 01' ·om having less than $30 are required to disclose the exact amounts they have, Mississippi [Mr. GEORGE]. If he were present, I should vote respectively. ~rience shows that it is safe, in estimating the full amount ''nay." actually brought mto the country, to multiply the foregoing figures three or Mr. COCKRELL. I am paired with the Senator from Iowa [1\Ir. four times, as in many instances immigrants reported as having "~ or over" are posse!>Sed of considerable sums of money which they have saved ALLISON], and therefore withhold my vote, not knowing how he up to invest in small business enterprises, or to buy land and build a home would vote if present. for thru; families :.0 the Ne': World. * * * * Mr. BRICE. I have a general pair with the Senator from Col- As uming that the tide of immigration to and emigration from a country orado rMr. WoLCOTT]. I inquire whether he has voted? -corresponds to the fluctuations in the condition of its industries in exact har- The PRESIDING OFFICER. He has not. mony with the law of supply and demand, a consideration of the fore~oing Mr. BRICE. Then I withhold my vote, as I do not know how tables does not justify the conclusion that our alien population is growmg in he would vote on this (}_uestion if present. undue p1·oporlion. A comparison of the figures for the past year (343,267) with Mr. MITCHELL of Orer.ron (after havm· g voted ·n the negative). the average annual immigration for the preceding ten fiscal years (435,085) ~ 1 discloses a decrease of 91, 18l or over 21 pel' cent. Such data as I have been Has the Senator from Wisconsin rMr. VILAS] voted? • able to obtain as to the numoer of those who annually return to their own The PRESIDING OFFICER. He has not. country, though approximate only, lead me to doubt seriously that there has :1\lr. MITCHELL of Oregon. Then I Wl"thdraw my vote, as 1 been any materialincrease in our foreign-born population since 18ro. Regarding only the large number of arrivals. the public mind becomes am paired with that Senator. much excited and urges restrictive legislation; but this apprehension would Mr. DUBOIS (after having voted in the negative). I inquire be lessened, if not entirely allayed, by a correct enumeration of those who whether the Senator from New Jersey n..f,., SmTHJ has voted? depart never to return, and of those who come and go each year, engaging in L.LI.LL work here during the busy season and returning totheirownhomesatother The PRESIDING OFFICER. He has not. - times,wheretheycanlivemuchmorecheaply. Incompliancewiththepub- :Mr. DUBOIS. I am paired with that Senator, and will with- lie demandhmeasures have been presented and are now pending before Con- draw my vote. g-ress whic will materially reduce the number and improve the character · of aliens seeking homes in this country, and will tend to make the infiux ap- Mr. GIBSON. I suggest the absence of a quorum of the Senate, ~~fi~~~~~s~l~~~ t~e~i~s;8~~~~te;t~~- and the return of aliens to rees- Mr~~Lg~eGi The vote has not yet been announced. To show how erroneous impressions may be de1ived from correct figures, · attel'lt1on is directed to the perriod from 1880 to 1890, during which time~- - The PRESIDING OFFICER. The question of a quorum will 613 im:n.igrants lauded on these shores, but the United States census reports be detennined upon the announcement of the vote. . , ·.CONGRESSIQ-NA_L-RECORD--SEN ATE. 71 Mr. BATE. I have a right to vote under my pair to make. a. Senate substitute, shall be c.onsidered as adopted and then that quorum, and 1 vote ''yea." these amendments shall be held to be in orde1· after that, which Mr. CULLOM. Under the circumstances, I feel at liberty to would be a much more convenient course. -:Vote, and vote "nay." Mr. SEWELL. I will say to the Senator from Massachusetts Mr. DUBOIS. I feel at liberty to vote to make a quorum, and that these are vital questions. .r vote ''nay." Mr. HOAR. Because the whole thing may be voted down after · Mr. McBRIDE. In order to make.a. quorum, I will vote "nay." the amendment is adopted. · The result was announced-yeas 13, nays 37; as foll~ws: Mr. LODGE. As I have said, the whole thing is open to amend YEAS-13. ment after the adoption of the committee substitute. Nobody's amendment of any kind is-cut off, and it will simplify the matter 'Bacon, - Gibson, Pasco, WalthalL Balle, . Mills, Pugh very much if, instead of regarding it as an amendment to the Blackburn, Mitchell, Wis. Turp1e,1 amendment, we substitute the committee bill, and theil amend Caffery, Murphy, Vest, that. NAYS-37. Mr~ SEWELL. I have no objection to that course if it is a Aldrich, Davis Jones, Ark: Pritchard, proper one. . Baker, Duo01s,1 Lodge, Roach, Mr. HOAR. I ask unanimous consent that that course may be Burrows, Elkins, McBride, Sewell, adopted. It w:il1 save trouble. Butler, Faulkner, McMillan, Squire. The PRESIDING OFFICER. The Senator from Massachusetts Cameron, Frve. Nelson, Thurston, Cannon, .Ga.lliilger, . Palmer, Tillman, asks unanimous consent that the Senate substitute shall be adopted Carter, Gear, Peffer, Wetmore. and that it shall be open to amendment after it is adopted. Is Chandler, Hansbrough, Perkins, there objection( The Chair hears none, and it is so ordered. Chilton, Hawley, Pettigrew, .CuJlom, Hoar, Platt, Mr. ELKINS. I wish to offer an amendment to come in as an additional section. NOT VOTING-W. The PRESIDING-OFFICER. The amendment proposed to be Allen, George, Lindsay, Smith, offered by the Senator from West Virgina is not now in order. It Allison, Gordon, Mantle, Stewart, Bercy, Gorman, Martin, Teller, will be in order later. Blanah.a.rd, Gray, Mitchell, Oreg. . Vilas Mr. ELKINS. I thought thecommitteewere through. I wish Brice, Ilale, Morgan, Voorhees, to offer it to come in as an additional section. 'Brown, Harris, Morrill, Warren, Call, Hill, Proctor, White, Mr. LODGE. The amendl:nents of the-Senator from New Jer Clark, Irby, Quay, Wilson, sey are first in order, I think. Ooc.kreU. Jones,Nev. Sherman, Wolcott. The PRESIDING OFFICER. The question is on agreeing to Daniel, Kyle, Shoup, the amendments submitted by the Senator from New Jersey. So the motion was not- agreed to. Mr. MORGAN; Let them be reported. The PRESIDING OFFICER. The question recurs on agree The PRESIDING OFFICER. The Secretary will state the Jng to the amendment reported by the committee. IS t}l4j._Senate amendments. . ready for the question? Mr. CULLOM. The Senate substitute now becomes the meas . Mr. VEST. What is the amendment? ure before the Senate? Mr. LODGE. To substitute for the House bill the amendment The PRESIDING OFFICER. By resolution of the Senate the reported by the Senate committee. Senate substitute is now before the Senate, to which amendments · Mr. PALMER I desire to know whether the amendment are in order, . ·reported by the committee is that printed in the bill? Mr. CULLOM. The substitute is not treated as an amend- :Mr. LODGE. The amendment reported by the committee is a ment, but as an original bill. single amendment, to substitute the Senate amendment for the The PRESIDING OFFICER. It is. House bill. Th-e substitute is printed in italics. I think it would Mr. CULLOM. 'so that amendments will be in order to it. expedite business if we should simply adopt the substitute, which The PRESIDING OFFICER. By unanimous consent, amend- will then be open to any amendments that Senators care to offer. ments are in order. The amendments submitted hy the Senator Mr. PALMER. I desire to move to amend the amendment. · from New Jersey will be stated. The PRESIDING OFFICER. The Chair will inform the Sena The SECRETARY. In line 4, page 3, after the word" All,'' it is tor from Illinois that to the substitute proposed by the committee proposed to insert the word Hmale;" so as to read: "All male the Senator from New Jersey [Mr. SEWELL] has already proposed persons"-- certain amendments, which are first in order. The Secretary will Mr. SEWELL. There are two prints of the bill. The last read the amendments proposed by the Senator fi·om New Jersey. print changestha numbering of lines, I understand. That should The SECRETARY. In line 4, page 3, after the word ".An," it be in line 7. is proposed to insert .the word "male," so as to read: "Ail male The PRESIDING OFFICER.- It is line 4, according to the bill persons;" in line 7, after the word ''aged," it is proposed to insert before the Secretary. the words "or minor," so as to read "except that an aged or :Mr. LODGE. I will say to the Senator from New Jersey, as minor person;" in line 8, before the word "grandparent," strike those amendments really all stand together, that I think by his out the word "or," and after the word' "grandparent "insert the last amendment in line 8, where he proposes to add the words ·words "or child," so as to read "who is the pa1·ent, grandparent, "child or wife," he meets the point he desires to cover, and we or child of an admissible immigrant," etc. can in that way get rid of the first amendment, to insert the word Mr. SEWELL. I desire to offer an amendment. Before the "male," which I think would give a more sweeping effect than · word '' grandparent," in line 5, I move to strikeout ''or," and after the Senator intends. The committee would be very ready to the word ''grandparent," in the same line, to in.cmrt H child or accept the other amendments. wife." I understand from the chairman of the committee- Mr. SEWELL. There are two other amendments. Mr. LODGE. Can we not have order while the Senator from Mr. LODGE. There are two other amendments which the New Jersey is making a statement? Senator from New Jersey has offered. The PRESIDING OFFICER. The Senator from New Jersey Mr. SEWELL. One is, in line 7, to insert the words" or minor" will suspend for a moment. The Senate will be in order. The after the word '' aged." · Senator from New Jersey will state his amendment again. The Mr. LODGE. I hR.ve no objection to that amendment if the Secretary suggests that he already has an amendment noted to first one is withdrawn. · the same effect. Mr. SEWELL. Another amendment is the insertion. of the :M:r. LODGE. What, may I ask, is the amendment pending to words . '' child or wife " after the word '' grandparent.'' - I will the committee- amendment? withdraw the first amendment if the Senator from Massachusetts . The PRESIDING OFFICER. The Secretary has already will accept these two amendments. I withdraw the amendment stated the amendment. Will the Senator from New Jersey proposing to insert the word '' male," and a.sk that the other two restate his amendment? · amendments may be adopted. Mr. SEWELL. The amendments which I offer are on page 3, The PRESIDING OFFICER. Without objection, the first line 4, to insert after the word" All" the word "male;" so as to amendment is withdrawn. What course is suggested as to the read: '' All male persons." other amendments? . . Mr. CHANDLER. The mistake is that the Senator from New Mr. SEWELL. The chairman of the committee, I undeTstand, Jersey makes a new count in the lines. When he says line 4 he accepts them. - means line 7 ~ Mr. LODGE. I have no objection personally to the other amend . Mr. VEST. We can not hear anything on this side. ments . Mr. SEWELL. No; I mean line 4. . Mr. VEST. Does the Senator from New Jersey withdraw the· Mr. LODGE. The Senator from New Jersey ful,s a different amendment to insert the word '' male?" - . print of the bill. Mr. SEWELL. Yes, on condition of the adoption of the· other · Mr. HOAR. I suggest that the committee amendment, the amendments which I have offered. · · 72 CONGRESSIONAL RECORD-SENATE. DECEMBER 10, Mr. VEST.- On what condition? On condition that the other this table. For instance, from Italy there came into the United amendments he proposes shall be adopted? States in 1895-1896, 66,445immigrants, of whom 30,728 were illiter Mr. SEWELL. Yes. . ates, and· the amount of money which they brought into the United Mr. VEST. I do not understand the Senator's statement. Does States per capita was $8. 75. In immediate juxtaposition to that the Senator say that he withdrew the first amendment on condi ~tatement is the immigration of Germany, which stands out in tion that hiR other amendments shall be adopted? the strongest contrast to that from Italy. From _Germany there Mr. SEWELL . . The committee agrees to adopt the other came into the United States in the same year 24,230 immigrants, amendments offered, which to my mind are very important to and out of thislarge number there were but 410 illiterates. Each · - the bill as reported. Although I agreed to its being reported, I one of those immigrants brought into the United States $38.31. have since discovered that it would destroy the family relation to Nothing could put in stronger light the difference in the immigra the extent even of excluding the wife of a man who is an admissi tion from these two countries. This might be pursued further, ble imniigrant. because it shows that from France there comes a very small pro Mr. VEST. Let me put a question to the Senator: Does he not portion of illiterate immigration; but the amount of immigration think"he would separate man and wife if the husband could com from France is very inconsiderable compared with that from ply with the provisions of this bill and read five lines of the Con Gennany. . stitution, and his wife could not? Now. Mr. President, it seems to me that this provision ought to Mr. SEWELL. I do not understand the Senator from Mis be confined to male immigrants. There can be no danger either souri. to our civilization or to our labor from allowing these girls to come Mr. VEST. How could she enter as the bill stands now when into the United States whose labor is domestic in its nature. I it says'' all persons?" The man could enter into the United States, can conceive of no reason except an arbitrary one why this pro but he would be compelled to leave his wife behind him. vision should be extended to women. Mr. SEWELL. My amendment, which the committee has I will renew the amendment which the Senator frem New Jer agreed to accept, covers that point. sey has withdrawn, so as to obtain the sense of the Senate upon it. Mr. VEST. Which amendment covers it? Mr. LODGE. Mr. President, I trust that the amendment to 111:r. CULLOM. I suggest that the amendment be read. inse:r:t the word " male " will not prevail. It would create the Mr. LODGE. The amendment of the Senator from New Jer very division of families which the Senator from New Jersey [Mr. sey as modified, I will say to the Senator from Missouri, and not SEWELL] aims to correct by his amendment. Of course it is per as printed, covers it. The Senator from New Jersey proposes to fectly true, as the Senator from Missouri says, that the women do insert the words '' child or wife " instead of the words '' or child." not affect the suffrage. I think they affect very largely the quality and that covers the point which the Senator from Missouri has of citizenship in a somewhat broader way. But the point which raised. seems to me to oveiTule all others in this consideration is what I Mr. DAVIS. In what line? alluded to a few moments ago when I was having a little discus Mr. SEWELL. In the last line of the printed copy of my sion with the Senator from Maryland (Mr. GIBSON], and that is amendment, or in line 11 of the bill which the Senator from Min the great body of the unemployed in thiS country. We seevaried nesota has. estjmates of- the number of the unemployed. -We differ as to the Mr. PLATT. I ask that the Secretary may read the paragraph causes for there being so many. That there are a great many, no as it will read if amended as proposed by the Senator from New one questions. Every immigrant who comes into the country is Jersey. some of the unemployed of other lands coming in here. The PRESIDING OFFICER. The Secretary will read as I will confess that I am very radical upon this question. I renuested. should be glad to see immigration stop until everyman and woman The Secretary read as follows: seeking work in this country have employment. Women certainly All persons over 14 years of age who can not read and write the 1angnage work for low wages, and the lines of work for which they compete of their native country, or some other language, except that an aged or minor are overcrowded. I think that that which makes it desirable to person not so able to read and write who is the parent, grandparent, child, exclude the male immigrant makes it just as desirable to exclude or wife of an admis.3ible immigrant may accompany or be sent for by such the female immigrant. The illiteracy test is simply an effort to immigrant. adopt a test which shall restrict immigration, lower the number of The PRESIDING OFFICER. The question is on agreeing to immigrants coming to this country, and do it by shutting out the the amendments offered by the Senator from New Jersey. most undesirable class. That all persons who can not read and Mr. VEST. Mr. President, it seems to me that this provision write are'undesirable, no one will contend. No form of exclusion ought to be confined to male immigrants. The Senator from can be_perfectly accurate, but it comes as near to it as any test. Massachusetts [Mr. LoDGE] in· making the· report from the com If Senators will take the trouble to read the very careful analysis mittee gives as the basis for this legislation that the admission of made in the report of the committeetheywill, I think, find what I illiterate immigrants debases our citizenship and degrades our say on that point justified. labor. N ow, there are a large number of young women over the This test, if it had been applied during the last year, would age of 14 years who come to the United States and who are have shut out 75,000 immigrants, according to the last report of engaged as domestics by the people of this country. Under the the Commissioner of Immigration. That is sufficient argument laws of the United States in regard to national suffrage they can for me. I do not see how it can be advisable to add constantly to not vote, and I take it that really at the bottom of this whole the volume of the employed in this country in that direct way. question is illiterate suffrage. I do not see how the workmanship It is simply taking in the unemployed of other countries. · or the labor of a man who can not read or write debases the labor That the bill is moderate in the view of persons most directly or workmanship of anybody else. If he is an industrious, tem interested, is shown by the petitions which I have on my desk and perate, and honest workman, how does his employment degrade which I will have printed with the remarks I am now making. any other labor in this country? Here I have the resolutions of the Protective Labor Union of We might just as well be frank with ea-ch other in discussing New York, sent to me by J. E. Bausch, in which they say: this question. The great objection to illiterate immigration is Whereas it appears that notwithstanding the prevailin~ stagnation of trade that it corrupts our suffrage and endangers the basis of our and industry, and the enforced idleness of over two millions of working peO ple, alien immigrants are still flockins- to our shores in great number s; and Government, which is the virtue and intelligence of the people. Whereas the effect of the competitiOn of these newly arrived aliens must Besides that, if we look at the tables just furnished this morning surely be to inflict great hardshlp and misery upon our own working people by the Cemmissioner of Immigration in his last report, it will be by lowering the wages of some and by depriving others of employment alto found that the number of women who come into this country as gether: Therefore, Be it 1·esolved, That we recommend- immigrants is very inconsiderable compared with the men who First. '.rhe passage of the Lodge-Corliss bill to restrict immigration. come as immigrants. There are two tables in this report which Second. Additional legislation to limit the number of immigrants to 50,000 show the increase or decrease of male and female immigration a year, and to establish a board for the distribution of immigrants, to consist of ten members, to be selected from the various labor organizations. The during the years 1.895 and 1896. Those tables will be found upon said board shall have power to distribute immigrants to localities that are not page 28 of the Commissioner's report. They show, for instance, already overcrowded with laborers, and to prevent them from taking the that from Italy-and I take that as the country which figures most places of striking workmen, or accepting less than current rate of wages, and to r eturn all immigrants who fail to find employment within sixty days after conspicuously in this whole question, because it is from Italy that their arrival to the country from whence they came. there comes the most objectionable and the largest immigration Third. An amendment to the contract-labor law that will exclude actors, in 1895-1896 there came into the United States 49,980 male immi !'rofessional singers, musicians, and all others engaged in theatrical per- grants, and in the same year there came 16,465 women immigrants formances, coming here under contract. · from the same country. The nwnber of women is very inconsid NEW YORK, Norembe1· :?2 , 1896. DEAR SIR: The resolutions h erein mentioned were a subject-matter for erable, and their coming into this country can neither debase our discussion at our meeting held on above date, and same were unanimously citizenship nor degrade our labor. indorsed by the Central Labor Union of New York. I have said that Italy furnishes the most objectionable of these Very truly, immigrants, and I call the attention of Senators to a very inter J. E. BAUSCH, Secretary. esting table which I have just noticed on page 30 of this report. That is one of the labor organizations from which I have lately I have never seen the question put in so strong a light as it is by received a petition. • 1896• . CONGRESSIONAL REOORD-SEN_ATE. 73 Here are resolutions from the United Brotherhood of Carpelf Sixth Congressional immigration convention, Aitkin, ·Minn., March ters- and Joiners of America. They point out the competition, 17 and 18, 1896. and demand that the number of immigrants shall be restricted-to Here I have also the resolutions of the J onrneymen Tailors' 50,000 a year: ' Union of:Bloomington, Ill. . PHILADELPHIA, PA., Nove11tber 16, 1896. ; Now, Mr. President, I have read these lists and resoln tions simply DEAR Sm: At the ninth general convention of the United Brotherhood of to show the Senate that the demand from the people who feel in C~ers the following resolutions were unanimously adopted, and I was daily life this competition goes far beyond anything the pending mstructed to send you a copy: · Whereas it appears that notwf!;hstanding the preva~~ stagnation ?f trade bill proposes. The people gathered in our great cities without and industry, and the enfor ced Idleness of over two Illiilions of working peo employment, who see a constant stream of the unAmployed of ple, a.li~n, Jmmigrants ;:tre still fiockin~ to our ~hor~s in great numbers; and other nations pouring in, know that that is one direct form of com Whereas the effects of the eompetition of these newly arrived aliens must surely be to. inflict great hardship and misery upon our own working people petition with them. They may differ as to other policies in other bv-lowering the wages of some and by depriving others of employment alto- respects, as to the tariff and the cun·ency questions, but there is gether: Thel'efore, · , no doubt that they are all united to-day in feeling that this unre Be it 1·esolt•ed, That we recommend- · First. The _passage of the Lodge Cor!iss bill to restrict immigration. stricted competition of the unemployed of other lands should be Second. Additional legislation to limit the number of immigrants to 50,000 prevented. That it affects them, and affects them badly, no one can a year, and to establish a board for.the distribution of immigrants, to consist doubt.. It is perfectly plain that if there are unemployed here and of ten membe-rs, to be selected from the various labor organizationa. The said board shall have power to distribute immigrants to localities that !J-re not you porn; in additional unemployed constantly, you add to the already overcrowded with labprers, and to prevent them from· taking the chance all the time that our own unemployed will remain as they are. .places of .strikfng workmen, o:c.accepting less than current rate of wages, and That, to me, is the controlling reason for this legislation. . That is to return all immigrants who fail to find employment within sixty days after why it makes no difference in my mind ~hether it be the competi- _ their arrival to the country from whence they came. Yours, · ·:· tion with the labor of women or the competition with the labor of P. J. McGUIRE. men. I think at this period we ought to do something to check it. Hon. HENRY CABOT LODGE, On the question of the quality of citizenship I had the hon()r Washington, D. C. to submit to the Senate some time ago all that I thought it desir Here is the resolution of the Glass Bottle Blowers' Association; able-to say on that most important point. But, Mr. President, I with he~dquarters in Philadelphia. · They· demand the passage of trust that the Senate, without delay, will deal with these amend a law "absolutely prohibiting all immigration of any kind, sex, ments and will pass the bill, for with those of us who have exam charaeter, or nationality whatever for the space of five years." ined it most closely I can assure you, sir, there is no doubt of the PHILADELPHIA, P A., December 7, 1896• . pressing- need of such laws or the great benefit they will be. I At the annual convention of the Glass Bottle Blowers' ASsociation, held in trust that the amendment to insert the word '' male " will not be the city of Streator, ill., July 16, 1896, the following resolution was passed by adopted. I think the amendments of-the Senator from New .the conventi 74 CONGRESSIONA.L RECORD-SENATE. DECEMBER 10, we may be- sure that the little children who grow up in the fami- • Mr. CHANDLER. "Of an admissible immigrant." lies of the immigrants will learn to read and Wiite, not because . Mr. PASCO~ Yes; "of an admissible immigrant." the laws of the country compel education, as theJaws of many of Mr. CHANDLER. While the Senator is fixing that up, I will the States do, but because through the pride and the love and take occasion to call attention to the fact that as the amendment affection of the alien mothers who come here their children will be will then read, if there is a bright 10-year-.old boy in a family that taught the elements of education, which will make them goodmen eomes, that child's jntelligence brings in all the rest of the illiter· ·and women, and which will make not the voters of this genera- ate members of the fa:in:ily, the father and mother, although they tion, perhaps, but the voters of the next generation, whether they may be 25, 30, or 40 years of age. That certainly is not the· Sena he all males or whether they be males and females alike, intelli- tor's intention. gent and fit to exercise the suffrage in this Republic of ours. Mr. PASCO. Does not that same objection exist to the text of Mr~ President, I repeat that this is a very mild bill indeed, be- the-bill? · · _. cause it only requires that persons desiring to come to this country Mr. CHANDLER. Bv no means~ But the criticism of the shall delay coming long; enough to have every person who wants Senator as to the use of the word ''aged" needs some attention. It to come, eve:cy member of every family which is coming, qualified is difficult to fix. an .age, arid it is left open to be decided by the to read and write the English language, or the native la.ngu.age. -immigrant officer whether a person who is a parent or a grand- ! understand that the national conventions of both political parent is aged. A grandparent ordinarily would be too old to parties declared in favor. of a restrictionof immigration. If. I am learn to read and write·; a parent might not be; and the proposed wrong, no one is so competent to correct me a.s the present occu- statute simply says that he shall be an aged person. The original pant of the chair [Mr~ HILL in the chair], who is thoroughly text, which I had the honor to report in the last Congress to the familiar with the platforms of all the various political parties Senate as an exception under this head, is, it seems to met the which made nominations' during the late canvass. [Laughter.] only safe text to adopt. Certainlyyou can not apply an illiteracy I am quite sure that the Republican party, which supported Mr. test which will let in an illiterate father and mother of 30 years of McKinley, and one of the parties that supported Mr. Bryan de- age because they happen to have a child of 12 who can read and clared in emphatic language, in the interest of the labor of this write the native language. country and the interest of the general welfare of the country in Mr. PASCO. Does not the same objection exist to the text of favor of the restriction of immigration. I hope that the Se:p.ator the bill that the Senator calls attention to? from Missouri will not be the first to come into this Chamber and Mr. CHANDLER. As proposed by the committee, ce-rtainly set the example of a violation. by the great political parties repre- not. ' It leaves the question who is an a.ged person open to the sented in this C:Qambe1· of the pledges of the platforms upon which inspector of immigration. they sought to obtain power over the people. ·Mr: PASCO. What does the Senator say with reference to the Mr. PASCO. It seems to me, Jlrlr. President, that the language limitation of a wife to an old woman or a minor child? of the amendment as offered by the Senator from New Jersey [Mr Mr. CHANDLER. The Senator is quite right in that criticism, SEWELL] is very objectionable in many points; and I desire to can and I am against that clause~ . his attention and that of the Senator from Massachusetts [Mr. Mr. PASCO. I made the suggestion of a change of the text LODGE], who has charge of the bill, to it. only because I thought it would cover those objections, which the In the first place, there is an exception as to aged persons. That Senator certainly can not wish to include in the bill. is in the language of the bill, however. Surely there ought to be Mr. SEWELL. Will the Senator from Florida read in conneo- something more definite than the word ''aged." Some limit of age tion with the text what he proposes? · ought to be fixed, or something more definite ought to be stated in Mr. PASCO. Thetextasi propose to amenditreadsas follows: the bill, so that those who have control of the matter may know All persons over 1.! years of age who can not read and wtite the language just exactly how to apply the law. of their native country or some other language, except that the wife or parent Mr. SEWE.L.L. The Senator from Florida is now reading from or grandparent or child or grandchild of an admissible immigrant may accom· the text of the bill a.s reported. pany or be sent. for by such immigrant. Mr. PASCO. That is the first objection I have to make. The Mr. CHANDLER. I a-sk the Senator again if he is serious in next covers a point which is included in the amendment of the advocating the proposition that if there is one bright child in . Senator from New Jersey. I understand that he adds after the a family he may bring in his father and mother and everyone words ''or child" the words " or wife." That, taken. in connec- else? - tion with the previous text, means a wife who is an aged person Mr. PASCO. I think that is an objection which should be obvi- or 31 minor, and it would prevent the admission of a minor or a ated, but it is not an objection that I introduced into the amend wife unless she were an aged person. Certainly the Senator from ment. It was there before I suggested any change. If the Senator New Jersey can not intend to exclude wives unless they come from New Hampshire can suggest any words that can avoid that, under those two classes. let him make the suggestion instead of the criticism. Mr. SEWELL. I will state to the Senator that the object of Mr. SEWELL. IwillacceptthesuggestionoftheSenatorfrom the amendment is to let the wife in. She was excluded before. Florida. · Mr. PASCO. I understand the Senator proposes to add the Mr. VEST. Let me ask the Senator from Florida a question, if words '·or child or wife." · he pleases, Mr. P1·esident. Mr. SEWELL. "Child or wife." Mr. PASCO. Certainly. ' Mr. PASCO. That would mean a wife who is an aged person Mr. VEST. Under the language of the amendmentt as I under- or a minor. I suggest that all that language be stricken out, in stand him to read it now, would not a child 25 or 30 years old be order to cover what the Senator from New Jersey desires and also sent for who could not read or write? Does 3. person cease to be a what the Senator from Massachusetts is willing to concede. child of another person at any particular age? Mr. SEWELL. If the Senator will continue the reading he will Mr. PASCO. The Senator is still criticising the bill as it stood find that the language is, "child or wife of an admissible immi- before I made the suggestion. That is an objection also to the grant!' amendment offered by the Senator from New Jersey. That. can Mr. PASCO. I am reading the amendment. · The language will be easily remedied by inserting the word "minor" before the be as follows if the amendments are adopted: word " child," if that is desired. All persons over 14 years of age who can not read and write the language Mr. VEST. That might be. The way it stands now the immi- of their native country or some other language, except that an aged person grant could send for any person in his family of any age. or minor not so able to read and write who is the parent or grandparent or 1\.t'.. PASCO Th t th 1 hi h ted b child or wife of an admissible immigrant may accompany or be sent for by .u.Ll" · · a was e anguage W C was accep Y such immigrant. the Senator fi·om Massachusetts. · The person must be an aged wife or a minor, if that language is Mr. PALMER. I wish to inquire whether in any of the amend- adopted. ments proposed the words "over 14 years of age" have been Mr. CHANDLER. That is very clear. altered? Mr. pASCO. And we do not wi h to exclude wives who are not The PRESIDING OFFICER. Those words have not been altered. aged persons, and minors. I suggest t h at t h e 1angua.ge rea.d as Mr. LODGE. No; those words have not been changed. follows after the word" except," in the ninth line: Mr. pALMER. I move to strike out the words "over four- All persons over 14 years of age who can not read and write the language te f " d · ·t th d "t t e ears o.c of their native country or some other language, except that the wife or par- en years 0 age an 1nse1 e wor S wen Y·On Y c.~. ent or child of an admissible immigrant, not so able to read a.ud write, may 1 age." accompany or be sent for by such immigrant. 1 J\fr. LODGE. I believe the amendment now pending is the one Mr. HOAR. If the Senator from Florida will pardon me, he 1 offered by the Senator from Missouri. should also include the case of grandparent3; that is, if a grand- t The PRESIDING OFFICER. That is the first amendment in child sends for a grandparent in loco parentis~ . I order. . . . Mr. PASCO. The Senator is right. That can be put in also. i Mr. LODGE. The amendment ·of the Senator from Illmms Mr. HOAR Yes, put that-in, too. · - I seems to me a very objectionable one indeed. It appears to me Mr. PASCO. So as to read ''except that the wife or parent or to go far toward destroying the effect of the bill. A large pro- grandparent or child"-- 1portion of the immigrants who come here are young men between Mr. HOAR. nOr gt·andchild." the ages of 18 and 21. ~large portion of the immigrants who 1 , .. 1896. OONGRESSIONAL REOORD-SENATE. 75 come into the country and stay through the summer and' go back UNITED STATES DISTRICT JUDGES. to their native country at the end a~e of that age. I think it Charles F. Amidon, of North Dakota., to be United .:S1ates -dis would be a great injury to the bill to have that limitation changed. trict judge for .the district of North Dakota, vice Alfred D. Thomas, Mr. CHANDLER. Will the Senator from illinois allow me to deceased. ask him a question? Does not the State of illinois provide for Arthur L. ·Brown, of Rhode Island, to be United States district -compulsory education; and if so, at what age do the laws of illi judge for the district of Rhode Island, vice George M. Carpenter, .nois propose to put into the schools of illinois the boys and girls deceased. of that State to compel them to learn to read and write?· John E. Carland, of South Dakota, to be United States district Mr. PALMER. They propose to put ·pupils in school at the judge for the district of South Dakota,-vice Alonzo J. Edgerton, ·age of 6, but they are admissible at any time under 21. deceased. Mr. CHANDLER. What is provision for the compulsory edu Andrew Kirkpatrick, of New Jersey; to be United .States dis cation of the youth of illinois? trict judge for the district of New Jersey, vice Edward T. Green, Mr. PALMER. I understand that that is compulsory. deceased. Mr. CHANDLER. I ask the Senator, Why is it unreasonable, William D. McHugh, of Nebraska, to be United States·district then, for us to require that children abroad who are about to judge for the district of Nebraska, vice Elmer S. Dundy, deceased. come to this country shall spend two or three months in learning John H. Rogers, of Arkansas, i;o be United States district judge .to read and write their own language or the English language for the western district of Arkansas, vice.. Isaac.. C. Parker, deceased. before they come instead of taking in all the illiterates up to 21 _years of age and educating them here? ASSOCIATE JUSTICE, TERRITORY OF OKLAHOMA. Mr. PALMER. The laws which fix the authority of the parents James R. Keaton, of Oklahoma Territory, to~ associate justice over their children are verymuchalikein all countries. Theusual of the supreme court of the Territory of Oklahoma, vice Henry W. age of majority is 21 years. Until that age the children are under Scott, resigned. the control of their parents. It is easy to understand that in com . UNITED STATES ATTORNEYS. munities where the labor of children is necessary for the support Chapman L. Anderson, of Missis~ppi, to be attorney of the or the assistance of the parents the education of a child of 14 may United Sta.tesforthenorthern district of Mississippi,·viceAndrew be considered as very imperfect. Thereisquiteenough in the bill F. Fox, resigned. · left to the discretion of the proper officers after the parents come William B. Childers, of New Mexico, to be attorney of the United into the country. I know of instances in my own experience and States for the Territory of New Mexico, vice J. B. H. Hemingway, observation where fathers nave brought with them all their chil deceased. · dren. They have brought with them the children between the William L. Marbury, of Maryland, to be attorney of the Urnted ages of 14 and 21. Now, to require that the sons should be sent States for the district of Maryland, vice John T. Ensor, whose term back would be a case of very great hardship. .It would necessitate expired May 21, 1894. the breaking up of families. I think the authority of the father George F. Moore, of Alabama, to be attorney afthe United States should be so far recognized as that he might select his own time for the middle district of Alabama, vice Henry D. Clayton, removed·. for the· education of his children. As I said before, I know by William H. White, of Virginia, to be attorney of the United observation and by informatio;n derived from other quarters that States for the eastern district of Virginia, vice Francis R . .Lassiter, the labor of children abroad is very important and they are given resigned. education gradually. There are not free schools in all countries. ENVOY EXTRAORDINARY AND _MINISTER PLENIPOTENTIARY. I think the theory of the bill ought to be that as long as the au· Macgra.ne Coxe, of New York, to ·be envoy extraordinary a.n.d thority of the parents exists it shall be recognized. I therefore minister plenipotentiary of the United States to Guatema1a ·aud suggest that ''all persons over 21 years of age who can not read Honduras, to which office he was appointed during the last recess and write the language of their native country," etc., is a better of the Senate, vice Pierce M. B. Young, deceased.· ' description of the persons who are intended to be excluded. Mr.-SHERM:AN. Mr. President--- SECRETARIES OF LEGATION. :Mr. LODGE. If we could have-a vote on the amendment of C. Max Manning, of Georgia, to be secretary of the legation of the Senator from Missouri, which is the pending amendment, I the United States at Monrovia, Liberia, to which office he was ·should be glad, and then I will yield to the Senator from Ohio to appointed during the last recess of the Senate. · - make a motion for an executive session. John Ridgely Carter, of Maryland, to be second secretary of the Mr. SHERMAN. I have no objection to that course, if there embassy of the United States at London,·England, to which office can be a vote taken. he was appointed during the last recess -of the Senate, vice David . Mr. VEST. Mr. President--- D. Wells, resigned. Mr. SHERMAN. I wish to state, if the Senator from Missouri CONSULS. will allow me, that it will be necessary to have a short executive George B. Anderson, of the District of Columbia, to be consul ·session. It will take but a few minutes. of the United States at Antigua, West Indies, to which-office he Mr. VEST. I will yield now for a motion for an executive ses- was appointed during the last recess of the Senate, vice Richard sion. · M. Bartleman, transferred to the consulate at Malaga. l\'lr. SHERMAN. Very well; I make that motion. I suppose Walter B. Barker, of Mississippi, formerly commercial agent at nothing would be gained by continuing the legislative session Sagua la Grande, Cuba, to be consul of the United States at that longer. place, to which office he was appointed during the last recess of . The PRESIDING OFFICER. The Senator n·om Ohio moves the Senate. that the Senate proceed to the consideration of executive business. William Coulbourn Brown, of Maryland, to be consul of the The motion was agreed to; and the Senate proceeded to the con United States at Newcastle, New South Wales, to which office he sideration of executive business. After sevenwen minutes spent was appointed during the last recess of the Senate. .in executive session the doors were reopened, and (at 8 o'clock and Frank Dyer Chester, of Massachusetts. to be consul of the United 55 minutes p.m.) the Senate adjourned until Monday, December States at Budapest, Hungary, vice Edward- P. T. Hammond, 14, 1896, at 12 o'clock meridian. · resigned. . J. Leonard Corning, of New York, to be consul of the United States at Munich, Bavaria, to which office he was appointed dur-· NOMINATIONS. ing the last recess of the Senate, vice Ralph Steiner, resigned. Executive nominations 1·eceived by the Senate December 9, 1896. Thomas S. Doyle, of Virginia, to be consul of the United States SECRETARY OF THE INTERIOR. at Beirut, Syria, to which office he was appointed during the last recess of the Senate, vice Thomas R. Gibson, deceased. David R. Francis, of Missouri, to be Secretary of the Interior, Isaac M. Elliott, of New York, formerly consul at Manila, to to which office he was appointed during the last recess of the Sen be consul of the United States at La Guayra, Venezuela, to which ate, vice Hoke Smith, resigned. office he was appointed during the last recess of the Senate, vice ASS1STA1\"T ATTORNEY-GENERAL. Frank D. Hill, resigned. Isaac H. Lionberger, of Missouri, to be Assistant Attorney-Gen Joseph L. Hance, of New York, formerly commercial.agent at eral, vice William A. Little, resigne~. Cardenas, Cuba, to be consu1 of tp.e United States at that. place~ ' CHIEF JUSTICE COURT OF CLAIMS. . to which office he was appointed during the last recess of the Senate. . Charles C. Nott,ofNewYork, to be chief justiceCourtof Claims, Frank D. Hill, of Minnesota, formerly.consul at La Guayra, to vice William A. Richardson, deceased. - Charles C. N ott was tem .be porarily appointed to the above-named positionNovember 23, 1896, consul of the United States· at Santos, Brazil, to which office during the recess of the Senate. · he was appointed during the last recess of the Senate, vice Henry C. Smith, resigned. ' JUDGE, COU"a.T OF CLAIMS. George E. Kedzie, of Mexico, to be eonsul·of the United States Charles ·B. Howry, of Mississippi, to be judge, Court of Claims, at Durango, Mexico, tq wlrich office he was appointed"during the 'vice Charles C. Nott, appointed chief justi~e. ·last recess of the Senate, vice JohnS. McCaughan, resigne~ . .. ~ 76 CONGRESSIONAL RECORD-HOUSE. DECEMBER 10, Julius G. Lay, of the District of Columbia, to be consul of the Charles A. Wheeler, of Virginia, to be a second assistant engi ' UnitedStatesatWindsor, Ontario, to which office he was appointed neer in the Revenue-Cutter Service of the United States, to succeed during the last recess of the Senate, vice Marshall P. Thatcher, Levin T. Jones, promoted. recalled. SURGEONS, MARINE-HOSPITAL SERVICE. Thomas WillinO' Peters, of Wyoming, formerly commercial agent at·Plauen, Germany, to be consul of the United States at P. A. Surg. Charles E. Banks, of Maine, to be a surgeon in the that place, to which office he was appointed during the last recess Marine-Hospital Service of the United States, in place of C. S. ·D. of the Senate. Fessenden, deceased. George Sawter, of Connecticut, formerly commercial agent at P. A. Surg. Duncan A. Carmichael, of New York, to be a sur• Glauchau, Germany, to be consul of the United States at that geon in the Marine-Hospital Service of the United States, to suc- place, to which office he was appointed during the last recess of ceed John B. Hamilton, resigned. · the Senate. William M. Jordan, of Alabama, to be an assistant surgeon in Samuel M. Simmons, of Texas, to be consul of the United States the Marine-Hospital Service of the United States. at Piedras Negras, Mexico, to which office he was appointed dur James A. Nydegger, of Maryland, to be a passed assistant sur• ing the last recess of the Senate, vice Jesse W. Sparks, deceased. geon in the Marine-Hospital Service of the United States. John F. Valls, of Louisiana, to be consul of the United States William J. S. Stewart, of Pennsylvania, to be a passed assist at Matamoras, Mexico, to which office he was appointed during ant surgeon in the Marine-Hospital Service of the United States. the last recess of the Senate, vice John B. Gorman, deceased. COMMISSIONER, DISTRICT OF .ALASKA. Horace L. Washington, of Texas, to be consul of tbe United John Y. Ostrander, of Juneau, Alaska, to be commissioner in States at Alexandretta, Syria, to which office he was appointed and for the District of Alaska, to reside at Juneau, vice Henry w. during the last recess of the Senate, Henry Ballantine, who was Mellen, resigned. previously appointed, having declined to accept the office. PENSION .AGENT. Paul Wiesike, of Texas, to be consul of the United States at LeviT. Griffin, of Detroit, Mich., who was appointed August 22, Managua, Nicaragua, to which office he was appointed during 1896, during the recess of the Senate, to be pension agent at Detroit, the last recess of the Senate, vice Charles H. Wills, deceased. Mich., vice Harrison H. Wheeler, deceased. Executive nominations received by the Senate December 10, 1896. SURVEYOR-GENERAL. COMMISSIONER OF INTERNAL REVENUE. Robert A. Habersham, of Portland, Oreg. , who was appointed William st. John Forman, of illinois, to be Commissioner of September 22,1896, during the recess of the Senate, to be surveyor- Internal Revenue, to succeed JosephS. Miller, resigned. general of Oregon, vice John C. Arnold, deceased. COLLECTORS OF INTERNAL RE:VENUE. RECEIVERS OF PUBLIC MONEYS. John C. Kelley, of New York, to be collector of internal reve George B. Cosby, of Sacramento, Cal., who was appointed nue for the First district of New York, in place of Ernest Nathan, August 12, 1896, during the recess of the Senate, to be receiver of resigned. public moneys at Sacramento, Cal., vice Charles F. Gardner, term William Crow McCreery, of Missouri, to be collector of internal expired. . , revenue for the First district of Missouri, in place of Charles Benjamin K. Kimberly,. of Colorado, to be receiver of publio Speck, deceased. moneys at Denver, Col., vice Frank P. Arbuckle, deceased. .A.SSAYER. REGISTERS OF LAND OFFICE . Francis F. Claussen, of Louisiana, to be assayer of the mint of Patrick W. O'Sulliv~n, of Presco~t, Ariz., who was appointed the United States at New Orleans, La., in place of A.M. Dela December 4, 1896, durmg the recess of the Sen~te, to be register valde, deceased. of the land office at Prescott, Ariz., vice Henry D. Ross, resigned, COLLECTORS OF CUSTOMS. _ Silas Penry, of Jackson, Cal., who was appointed August 12, William H. Cooper, of Delaware, to be collector of customs for 1896, during the recess of the Senate, to be register of the land the district of Delaware, in the State of Delaware, to succeed office at Sacramento, Cal., vice Thomas Fraser, removed. . . George L. Townsend, whose term of office has expired by limita Joseph Smith, of Crookston, Minn., who was. appointed Decem tion. ber 4, 1896, during the recess of the Senate, to be register of the Hiram P. Mackintosh, of Massachusetts, to be collector of cus- , land office at Crookston, Minn., vice Thomas A. Dunlava, deceased. toms for the district of Newburyport, in the State of Massa INDIAN AGENTS. chusetts, reappointed, his former commission having expired by 1 limitation. Benjamin C. Ash, of Pierre, S.Dak., who wa~ appointed July ASSISTANT COLLECTOR OF CUSTOMS. 28, 1896, during the recess of the Senate, to be agent for the Indians of the _Lower Brule Agency, in South Dakota, to fill an original Michael I. Fagen; of New Jersey, to be-assistant collector of' vacancy. customs at Jersey City, N.J., in the district of New York, in the James L.Cowan,of Portland, Oreg., who was appointed Novem State of New York, to succeed John Ramsey, removed. ber 13, 1896, ·dlJl'ing the recess of the Senate, to be agent for the PROMOTIONS IN REVENUE-MARINE SERVICE . . Indians of the Warm Springs Agency, in Oregon, vice Peter Gal John I. Bryan, of Kentucky, to be a second a-ssistant engineer lagher, deceased. in the Revenue-Cutter Service of the United States, to succeed Joseph Emery, of Salinas, Cal., who was appointed July28, 1896, W. E. Maccoun, promoted. , _ during the recess of the Senate, to be agent for the Indians of the George C. Farkell, of Pennsylvania, to be second assistant engi Klamath Agency, in 01·egon, vice Marshall Petet, resigned. neer in the Revenue-Cutter Service of the United States, to succeed Frederick Treon, of Crow Creek, S. Dak., who was appointed J. E. Dorry, promoted. _ June 29, 1896, during the rece~s of the Senate, to be agent for the First Lieut. Henry B. Rogers, of Massachusetts, to be a captain Indians of the Crow Creek Agency, in South Dakota, in lieu of his in the .Revenue-Cutter Service of the United States, in place of position as agent for the Indians of the Crow Creek and Lower John Braun, deceased. Brule Agency, the latter agency having been divided and its name James D. Newton, of New York, to be a second assistant engi changed to Crow Creek by the act approved June 10, 1896. neer in the Revenue-Cutter Service of the United States. to succeed George B. Maher, promoted. · • George H. Paul, of Wisconsin, to be a second assistant engineer HOUSE OF REPRESENTATIVES. in the Revenue-Cutter Service of the United States, to succeed Carl M. Green, promoted. THURSDAY, December 10, 1896. C. Gadsden Porcher, of Virginia, to be a second assistant engi The House met at 12 o'clock m., and was called to order by the neer in the Revenue-Cutter Service of the United States, to suc Speaker. ceed Charles A. McAllister, promoted. Prayer by the Chaplain, Rev. HENRY N. CouDEN. Warwick J. Sedgwick, of New York, to be a second assistant The Journal of the proceedings of yesterday was read and ap engineer in the Revenue-Cutter Service of the United States, in proved. place of H. A. Seymour, deceased. SWEARING IN OF A. :MEMBER. Frank G. Snyder, of New York, to be a second assistant engi-. neer in the Revenue-Cutter Service of the United States, to suc Mr. MEYER. Mr. Speaker, my colleague, Mr. Boatner, of the ceed Horatio N. Wood, promoted. Fifth Congressional district of Louisiana, is present, and desires to Waller Taylor, of Florida, to be a second assistant engineer in be sworn in. the Revenue-Cutter Service of the United States, to succeed H. C. The oath of office was then administered to Mr. Boatner. Henshaw, placed on waiting orders. OWNERSHIP OF REAL ESTATE IN THE TERRITORIES. John B. Turner, of New York, to be a second assistant engineer The SPEAKER. There being no unfinished business, the Clerk in the Revenue-Cutter Service of the United States, to succeed will resume the call of committees. The call rests with the Com Z. W. Zastrow, promoted. mittee on the TeiTitories. 1896. CONGRESSIONAL- R'ECORD-- HOUSE. 77 Mr. SCRANTON. Mr. Speaker, I am authorized by the Com- Mr. McMILLIN. Mr. Speaker, I was unable to hear a portion • mittee on Territories to call up the bill (H. R. 8615) to amend an of the bill as it was read. Reserving the right, if I can, to make act entitled "An act to restrict the ownership of real estate in the the point of order, if I find that it is not subject to consideration Territories to American citizens," etc., approved March 3, 1887. in this hour, I should like to have an explanation from the gentle The bill was read, as follows: man in charge, whether this bill changes the laws relative to the • B e i t enacted etc., That an act entitled "An act to restrict the ownership of acquisition of public lands by the citizen. real estate in the Territories to American cit izens," etc., approved March 3, The SPEAKER. The point of order, the Chan· understands, 1887, be, and the same is hereby, amended so as to read as follows: is reserved. "That no alien or person who is not a citizen of the United States, or who has not declared his intention to b ecome a citizen of the United States in the Mr. McMILLIN. Yes. manner provided l:>Y law, shall acquire title to or own any land in any of the 1\fr. CATRON. The bill makes no change whatever in the mode Territories of the United St ates except as hereinafter provided. of disposing of the public lands of the United States and give no "SEc. 2. That this act shall not apply to land now owned in any of the Ter ritories of the United States by aliens, so long as it is held by the present own right whatever to foreigners to acquire title to lands belonging to ers, their heirs or legal representatives, nor to any alien who shall become a the United States. bona fide inhabitant of the United States, and any alien who shall become Mr. :1\IcMILLIN. I suppose, then, Mr. Speaker, that the bill is a bona fide inhabitant of the United States, or shall have declared his inten subject to consideration in this hour. I wanted to ascertain that, tion to become a citizen of the United States in the manner provided bylaw, shall have the right to acquire and hold lands in either of the Territories of and there was one section of the bill that I was not ab1e to hear the United States upon the same terms as citizens of the United States: Pro distinctly. . vided, That if any such r esident alien who may have declared his intention to Mr. HEPBURN. Mr. Speaker, I should like to have some ex b I-am not here· as the representa -personal notice directed to or delivered to the owner of said land, or the per tive of the Populist party, and hope never to be here in that ca son who last rendered the same for taxation, or his agent, and to all other pacity. The Populist party in the Territory of New Mexico is an persons having an interest in such lands of which he may have actual or con structive notice. insignificant factor. There is quite a factor out thel'e known as "SEC. 7. That if it shall be determined upon the trial of any such escheat the Democratic party, who did in this last election unitewith the proceedings that the lands are held contrary to the provisions of this act Populist party and ~ave a majority of 1,900 out of a total vote of the court trying said cause shall render judgment condemning such lands and shall order the same to be sold as under execution; and the proceeds of such 37,000 in that Terntory against the Republican party, but not sale, after deducting costs of sueh suit, shall be paid to the clerk of such court upon the issue that the gentleman has indicated in regard to this so rendering judgment, and said fund shall remain in the hands of such clerk bill. On the contraxy, every party in that Territory favors the for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimed passage of this bill, and in the platform of every one of the par within the ~riod of one year~, such clerk shall pay the same into the treasury ties they indorse the absolute repeal of what is known as the anti of the Terntory in which sucn lands may be situated for the benefit of the alien bill, of which this bill is merely an amendment. The gen available school fund of said Territory: Provided, That the defendant in any such escheat proceedings may, at any time before final judgment, suggest and tleman says this wipes it out entirely, by enabling them through means of mortgage to acqujre property. If he will read this bill show to the court that he has conformed with the law1 either becoming a. bona fide inhabitant of the United States, or by declaring his intention of becoming a little bit further he will discover that where the prope1~tyis sold a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this act, would entitle him to hold or own real under a mortgage lien it is to be disposed of within ten years, and estate, which being admitted or proved, such suit shall be dismissed on pay that the alien can not acquire the property. The object of this ment of costs and a reasonable attorney fee to be fixed by the court. bill was to enable the people of the Territory to get some of the "SEC. 8. That all laws and parts of laws in. conflict with the provisions of benefit af foreign capital which has been going to the various this act are hereby repealed." States that have refused to adopt legislation of this character, or The Committee on the Territories recommended the following who, after having adopted it, have repealed it. In the Territories amendments: of New Mexico, Arizona, and Oklahoma we can not get the in:. Strike out the word "inhabitant," where it appears in lines 5, 6, 15 16, and vestment of foreign capital to-day because no foreigner is entitled 17, page 2, and line 15, page 5, and insert in lieu thereof the word "ree1dent."1 to hold possession or own real property; and this bill enables him Strike out the words "who may have declared his intention to become a to invest his means and to sell the property under a mortgage he citizen of the United States in the manner provided by law" where they occur in lines 12, 13, and H page 2, of said bill. may acquire. He J;nay buy it in if he sees proper, but he can not Amend section 3 by adding1 thereto the following: hold it for a longer time than ten years, but must make a dispo " PI'Ovided, however, That all lands so acquired sliall be sold within ten years sition of it. The factthatthePopulist partyinNewMexico num, after title shall be perfected in him under said sale or the same shall escheat to the United States and be forfeited as hereinafter provided." bers 500 or 600, or 1,000 or 1,200, has nothing to do with this bill, Strike out section 4:. nothing more 'than it has to do with the gentleman's district il). Strike out the words "the fee-simple title thereof," where they occur in the State of Iowa; but the fact that we are American people, that lines 24: and 25, section 5, page 3, and insert in lieu thereof the words "his title .thereto." we have a community who desire to progress, that we desire to Add to section 6 the following: obtain some of the means of Eastern capitalists, especially the "In the event personal notice can not be obtained in some one of tlie modes cheap capital of Europe, is something that should induce Congress above provided, then said notice shall bo given by publication in some news paper published in the county where the land is situate, and if no newspaper to see_that we get the same benefits as anywhere else. 1s published in said county then the said notice shall be published in some Mr. HEPBURN. I am very thankful to the gentleman for the -ll.ewspa-per nearest said county;" · admission he has made, that under the general law as it now exists 78 CONGRESSIONAL RECORD-· HOUSE. DECEMBER 10, a certain class of capital necessary to the .development of those velop such of our natural resources as individuals can not develop, Territories can not be obtained; and yet in the face of that fact but becausethepeopleof the entire West, and, in my opinion, the • the people of his Territory have approved a platform that ha.s people of the whole United States, are opposed to the landlordism declared agai11st permitting securities for a loan of that kind of Imported from European oountries that is now being established capital. And I want to call the attention of the gentleman agaiil in the Western States. We are opposed to that . system getting to the fact that I have not misstated the proposition of this bill, any further hold in the Territories or elsewhere in this country. Mr. CATRON. Mr. Speaker, if the gentleman will allow me Now, my friends, as I have been called upon to expi·ess my views to interrupt him, I will state that every single platform adopted of this bill, upon the suggestion that it is opposed to a part of the by any party in the Territory of New Mexico favored the passage Populist platform, I want to say to you that the ordinary indi of this bill. vidual who has not lived in a State where Populism has prevailed Mr. HEPBURN. Ah, while they were upholding Populism as is quite liable to misunderstand the Populist doctrine. He may understood in the rest of· the United States and the people where not understand that a Populist believes in a government by the I live understand it, these gentlemen were sneaking away from the people and fur the people, and that he does not believe in the effects of PoJ>ulism by attempting to modify it in their platform destruction of government, as a great many of our friends UJ?On in their own locality, yet they voted for the party. The gentle~ this floor seem to think. I want to say to you that the Populists man can not deny that we are having an object lesson of the of Colorado do not believe in disorder, do not believe in destruc effect of those declarations of the platform-that the declarations tion, do not believe in anarchy; that the Populists of N ebraskaand of the platform that they support are destructive to their welfare. of Kansas do not believe in the doctrines that are often attlibuted I want them to learn that they caunot grow und-er Populism, and to them in the plutocratic press. They believe in nothing of the I ant them further to be taught that they can not modify the kind, and when I am called upon in this case, as a Populist, to general doctrines of Populism as they are understood in the whole oppose this bill, I say that I do oppose it, and in doing so I oppose country by the adoption of a little resolution that they sneak into a bill that every Republican and every Democrat in the State of their local platform and then vote for the Populist party upon Colorado ancl, I believe, in the Territories of Arizona and New the general platform. [Loud applause on the Republican side.] Mexico is, "in my opinion, opposed to. Mr. CATRON. Mr. "Speaker, I desire to say to the gentleman I believe that our friends from Arizona and New Mexico who that no such proposition has been"' sneaked" into the Republican ai·e advocating this bill are not in favor of the alien ownership· of platform of New Mexico, and his assertion to that effect is with- . land generally, but are in favor of allowing foreigners to assist in out foundatio11. developing our mineral resources where they can not be developed M1-. BELL of Colorado. Mr. Speaker, I understand that 1 am by ordinary individual effort. A poor man can not develop a called upon especially to make objection to this bill. I do not mine. A poor man can not own a mine and work it successfully, know why, unless because it is presumed by·some people that the even though it may abound in minerals. And to that ext.ent I Populist party is opposed to everything that is for the building believe the people of all these Territories are in favor of the for- up of any coun+ry. eign ownership of lands. And my fl'iendfromArizona [Mr. MuR- . A MEMBER. That is about it. [Laughter.] PRY) tells me that that is the only intent of this bill. If that were Mr. BELL of Colorado. That may be so in some States, but it so~1f- the bill were limited to that~ I would favor it. But I think is not true in the State in which I live. We are opposed to the the gentleman from Iowa is right in 111aintaining that this bill in alien ownership of land-- its present scope prav-tically opens the doors to the unlimited own- Mr. HEPBURN. May I interrupt the gentleman a moment? ership of lands in the Territories by aliens~a thing which should Mr. BELL of Colorado. Yes, sir. be discouraged. I am glad to take my position, unless I am shown Mr. HEPBURN. I want to call the gentleman's attention to a to be wrong, on the platform as the gentleman from Iowa presents clause in his party's platform: it .to this HOUBe, and to say that the Populist party is unqualifiedly The land, including all the natura-l sources of wealth, is the heritage of the opposed to the policy of allowing alien ownership of land. l3ut if people and should not be monopolized for specula.tivi3 purposes, and alien the exception proposed to be made looks only to the development ownership of land should be prohibited. · of such resources as o.rdinary individuals can not develop-such I called upon the gentleman as an advocate of that doctrine to as mining claims-then I am in favor of it. And that is the doc be alert in the interest of his party to prevent the passage of this trinethatthePopulistpa~·ty advocates generally-the doctrine that bill. rLaughter.l it advocated in the last election. So far as that party is concerned, Mr. WILLIAMA. STONE. Will the gentleman from Colorado I think it is ge11erally understood where Populism is understood kindly give us a definition of Populism? I would like to have it that we are in favor of all agricultural and pastoral lands being authentically and accurately defined so that we may not misun- ownedbycitizensoftheUnitedStates,and bythemalone. Unless derstand it hereafter. [Laughter.] · this bill is limited to mining claims or the development of resources Mr. BELL of Colorado. It seems, Mr. Speaker, that some of onr that individuals ean not develop I hope it will not pa s. friends here care but little for this bill. Now, I want to say that Mr. MURPHY of Arizona. Mr. Speaker, although it was not the Populist party and, I believe, the masses of the people of the my intention 01iginally to discuss this measure, yet, in view of United States are in favor of holding the agricultural. lands of the the fa-ct that the controversy has drifted far away from the ::nain Urn ted States for the people of the United States, and if that doc- principle involved, it may become me perhaps, because of the in trine is offensive to my friend from Iowa, then th-e Populist doctrine terest taken by my constituents in this matter, to explain the is offensive to him. . measure as I understand it. . · Mr. HEPBURN. The gentleman misunderstands me. 1 intend It is probably known to all gentlemen here that there exists on to vote with him against this bill. [Laughter.J our statute books what is known as the antialien law, which pro- Mr. BELL of Colorado. I am glad to hear It. I am glad to hibits the ownership of lands in the Territories of the United know that the gentleman is a good Populist in that respect. States except to a limited extent by aliens, and pt·ohibits the own rLaughter.] I was on the committee on platform which had this ership by foreigners of more than 20 per cent in any corporate iaentical proposition under consideration. The understanding of body in this country. I wish to say that the workings of that act that committee was that the party favored the alien ownership have been very injurious to the Terrirories of Arizona and New of such lands as might not interfere with the ordinary agricul- Mexico, for reasons which I will state. Our Territories, as gen tural citizens of the United States. [Laughter.] That is, if a tlemenknow, comprise a large proportion of arid lands, so called foreign corporation wants to come in and help to develop our barren mountains, so called by our Eastern friend . It is a diffi. mineral resources or our coal fields, or anything that the individ- cult matter to get capital to develop our arid lands and our min· ual citizen can not go forth and develop-if a foreign corporation ing resources, by the proper development of which there might be wants to come in and develop such property, and produce a prod- built up large and prosperous States. Our people are opposed to net for itself, we are perfectly willing that it should do it. the alien ownership of large· tracts of agricultural lands; but yon Mr. HEPBURN. Then, as I understand your explanation,you charge upon us every day upon thisfloorandin committee that we believe in Populism in general, but do not desire to have it applied have no large bqdies of·agricultural lands, and that therefore we · to your own locality? rLaughter.] · are disqualified to govern ourselves. Weclaim thatwithaproper Mr. BELl;J of Coloraao. No, sir; that i::; not correct. I believe amount of capital applied to the work of development we shall in Populism in general. I believe in the .individual citizen. I do have large bodies of lands as productive as those of any State. not believe in that kind of individualism which is taught by some But the workings of this law are unjust and unfair to us in this of our men in high places, who talk of individualism and then do particular: It applies only to the Territories; a great mass of agri everything in their power that tends to destroy individualism. cultural lands in the States are not rea.ched by it. While Idaho, We have heard individual development advocated, but the very Montana, and Wyoming were represented on this floor as Territo men in high places who have advocated individual development ries this House repealed the operations of that law as to those have in tha next breath advocated a corporate rule which de- Territories. That bill was pending in the Senate when those Ter stroys individualism. w ·e Populists are opposed to that. We are ritories . became States. Immediately they lost all interest in the opposed to this bill; and I am ~lad that my friend from Iowa called Imeasure, because it is not applicable to States. In this way injus· my attention to it, because I mtend to oppose it. I oppose ·it not tice has been done to the remaining Territories. The development on the ground that aliens should not be permitted to help to de- of our resources in Arizona and New Mexico is left uncared for, . \ 1896. CONGRESSIONAL RECORD-HOUSE. 79 sn to speak.. I. would like to have any man t.ell me where there is Mr. HEPBURN. P.ossibly not. . any justice m such a. discrimination. Injustice of that kind is not But thegentleman.f:rom New Jeraey~letme sayrm:ig.ht.have .car P(}pulis~ is. :not Democracy, is. not Republicanism. No man can, ried his criticism of this section of the bill a little further. Let assail my Republicanism. No man can assail the Republicanism me read where he ceased to read: of the Republicans of Arizona and New Mexico. H the POJ;>nlists Nor to any alien who-shaJ:l: beoome a- bona. fide resident of th.e United States, agree with us- on that issue' o;r any other individual issue, it is not and a:ny alien who- shall ~come a.. bona fide. resident of the United States, or a national question. · · sb&ll have declared his intention to become a citizen of the United States in the Ill&11Iler provided by I.a.w, shall have the right to acquire a.nd hold lands We come h ere defending our rights and interests as citizens of · in either of the TerritorieS' of the United States upon the same terms as this comrt:ry-:fmight say as aliens i~ this conntry~ for you hold citize.m of the United States:~ Pravided., That if any such resident alien cease us down to-day as aliens, without allowing ns to participate in to be a bona ilde resident of the- United! States, th&n such alien sball have-ten years from the time he C'-easeB to be such bona fide resident in which to your action through Representatives on. this floor. W eo come to alfenat:e such lands. This !tCt shall not be construed to _prEWent any persons yuu n.ow-no-t beillgStates-nothaving any votes ?D this flo~-not not citizens of the United State. from acquiring or holding lots or parcels· of h aving any Senators at thf} other end of the Cap1tol--and we ask lands in any incorporated or platted city, town. or vxllage, or in any mine· or simply an opportunity to invite capital to investigate the resomces miningcl.a.im in any of the Territories of the. United States. • of o-nr localities and to expend money in their development. There Now~ practically, I repeatr this law wipes out everyfeatm-e that i not hing else involved in this :proposition. There is no great is valuabl~ in the law as it. now exists, and makes provision that national issue here presented in regard. to the propriety of allow an ali-en ~ not only in the way suggested, bnt through fore ing aliens to oome in and absorb our public lands. The simple closure proceedings, acquire title; and if he be a speculator, if he proposition i to allow us to invit e aliens to invest their money for chooses to engage in a. manufactured case of foreclosure., he can the development and the enriching. o.f our section of thecolilntry secure a. title that he can hold for years, or quite as long as any to allow them to take something which yon gentlemen here pre one wants to hold West-ern rands: for speculative purposes. There tend not to want. I ask the members on this :floor to give us fore, if we are to wipe out the old legislation -upon this subject~ simple justice in this matter to place OUT Territories on an equal and if these people in ·the Territories are now ready to declare footing with the States; to give foreign capital an opportunity' to agai:nst the platforms whieh they supported and voted for within go tne-:re an.d develop and improve what you are generally pleased the-last two months, why that is all right; let them do so. to eaJl ~·our arid and nonproductive regions." Mr. WALKER of Massachusetts. Will the gentlem&n·· allow . :~rr. McEWAN. I wish to ask the gentleman whether-section me a question? 2 of this bill does not confirm titles in aliens in cases whe-reo there Mr. HEPBURN. Certainly. are at preseni no legal titles? Mr. WALKER o-f M.assaehusetts. ] wish to- ask the gentleman Mr. MURPHY of Arizona, I do not unde:rstand that it does.. from Iowa. if his difficnlty is that this bill is not consistent with Mr. llc.E.WAN. Section 1 provides: the Populistplatfcmn.; and whether he proposes to keep the Popu That no alien or per son who is not&citiZe:Dofthe lJnited St&te.shaJlacquire lists consistent with their platform by law? fLaughter.l title or own any land :ht a.ny of the Territories. Mr. HEPBURN. I think perhaps that is about the orily way it : Sec-tion 2- pr.ovides: can be done~ but 1i am not engaged in tha.t. enterprise just no-w. · ..'l'his act shall n ot apply to land now owned in any oC the· Territories of' th& rLanghter.] I am trying to sbowth:ose people who voted the Popu United Sta.tes by aliens ffO long as it. :is held by the present owners. list ticket at the last eleetion that they were mistaken, that they That seem. to me: to be intended to oon:fi.rm_the title of those did not want the doctrines oi that platform,. that those doctrines are · lands in persoms: who are aliens and who ba.v& not at the pres.ent harmf1'11 to the-m, tha.Uhey a.:re a.bsolu.tely destru.etive- to the inter -time good tiiles.. ests of those Territories~ and that they ean not by any possibility . Mr. MURPHY of Arizona.. Even if it were as the gentleman develop them in the manner that they.want to, within the limita suggests~ there is nothing of that d:l.araeter in-volved. This is tions of this generation, under those-doctrines. That is what I want simp1y carrying al!It til& intention of the. law as it exists. :But I to do. _ .am not prepared to say that that is the legal definition of the Mr. FLYNN. Mr. Speaker, this. bill does not apply to the Ter clause. I th:i:nk perhaps the gentleman is mistaken in his con- ritory which I have the honor to. represe-nt. It comes here with struction of it. ' the unanimous report of the Committee on Territories. I want to . Mr. McEWAN. Well., whether it is good or ill, it should not. submit to" this House in this connection one qu-estion~ and that is, be accomplished by indirection. If it is to be done at all, let it be Why should not. the same law that governs a Stattrwith :tefetence done in a proper manner and in a. straightforward way. · to the ownership of real estate abiD govern a Territory? Mr. MURPHY' of Arizona.. I repeat that I am not prepared to The gentleman from Massachusetts [Mr. WALKERJ in the ques sffinn that it: is dane even by indirection. tion which he propounded to the gentleman from Iowa rMr. HE:P Mr. McEWAN. If that is. the purpose of the- bill~ it should be RURN} solved the- problem in my mind. If you desire pros-perity; so stated in. the bill and in the report accompanying it. It seems advancement, and development to be -retarded in the Territories, to. me~ therefmre~ that the gentleman from Iowa [1\ir.!IE.pBlJRN] this law should remain- on the statute books. My judgment is .was entilrely ~oitt in saying that we might. to look :very carefully that- the Populist party never advoeated a more nonsensical p-lat .into this bill before pa sing it~ If it is. intended to confirm the form than the clause concerning this snbjeet. I do not agree with title in these p eople, it should be so stated plainly, in order that the gentleman from. Colorado [Mr. BELL] in his definition of -we may Irnmv exaetly wbat we are doing, and the discussion Populism. I halve had rome experience with it very rece-ntly. should then pro.ceed on that lin&".. fLanghter..J H I were to define what Populism is~ I would say Mr. CATRON. The old law confirmed the title of all these that not the :rank and :file, but the; guiding stars af that party are ownel.'S. Ishmaelites, with their hands. :rarisecl aga.i..nst every man who by Mr. McEWAN. I will ask the gentleman whether· section. 2 is honest toil and labor seeks to accumnlatea competency for himself _not an es:sentia1 feature af the bill,. and whether it does not and his family in th& fntl1I'e. Populism can not prosper where .change the existing law? there are development and success. Find a barren region where Mr. COOPER of Wisconsin.. It does confum title.. nothing but a buzZMd can thrive-and a buzzard can thrive on Mr. McEWAN. I am infOrmed that it does cou:fum title,. just nothing that is aboo.t to be: alive~ it must be decaying. leaving as I have s:nggested and that being the case ~ this proposition is nothing but t.he bones-.find such a region as that, and there, my - against the wbole spirit of the law heretofore enacted. Now, I friends, you will find the PopUlist party in control. I say that 1·epeat, Mr. Speaker, let the discussjon take the course along that where peace and prosperity abound the Populist party can find no line, so that we may understand clearly what we are doing.. We resting place. will then be able to know precisely what ·will be the e:ffeet of the The rank and file of that party are . honest. The party was .legisl· ·on weare about to enact. But thatisnoti:ndicatedinany made respectable by the addition of some clauses added to it by shape either in the O.ill or the re:port whieh has been pYesented. by some other parties in the reeent campaign. Men who know bet this committee. ter, men who own property, menwhoareinterested in the suc-cess Mr. CATRON. I will state to.lhe: gentleman that this provi and development of this eount:ry far the- purpose of stri.king down s-ion does not change the law asit existed in the old law as amended. the party which had built up American institutions and Ameri The old law did precisely what that section provided for, and this can industries. shook hands with Populism in order ro try to act s u.bstitutes the-new provisio-n for the old law. It has ~o other give this nation of ours a black eye. effect. The gentleman is entirely wrong in his consbuction of it. Mr-. WILLIAM A. STONE. Will the gentleman allow me Mr. HEPBURN. Does it no.t confirm every title secured by right her&' to ask him a questi1)n.? aliens. since the passage> of the other· act? Mr. FLYNN. Certainly. Mr. CATRON. No alien could acquire title under that act.. Mr. WILLIAM A. STONE. Do I understand that the defini Mr. HEPBURN. He oonld not acqnire a. bona. fide title, it is tion of Populism is diffe1·ent in each State and Territory ~ and in trn.e:. nnder the :provisimns of that act., but in eon:nection with the each Congressional distriet and that in no two States- or localities :p:mvi.sio:ns. of this· act which we are now called upon to pass it do they agree as to wl1at Populism is? co-uld be aeqnired and made> a perfec-t title. Mr. FLYNN. I.am.in.clined. to think. my friend is about right. Mr. C:A.TRON. Wen%0'1:tt in New Mexico not a single on.& has With us PoUrMm is anything to win. [Laughter.] done it. Mr. WIL A.STONEc Therewassomediscussionbetween 80. CONGRESSIONAL RECORD-HOUSE. DECEMBER 10, a gentleman by the name of Watson, who had something to do Mr. WILLIAM A. STONE. Mr. Speaker, inasmuch as the with ·Populism, and another gentleman by the name of BuTLER, in PopuHst party had undertaken to do something that they have the last summer, which has mixed me very much as to just what never done before, namely, state a fact, I hope the gentleman will Populism is. [Laughter.] yield. rLaughter.] Mr. FLYNN. That calls to my mind, Mr. Speaker, a definition Mr. FLYNN. ·I merely want to say that that is not a question. of Populism which was circulated, not in my district, but in an Mr. BELL of Colorado. I want to ask the gentleman from adjoining one, when the late Vice-Presidential candidate on the Oklahoma if he will permit me- Populist ticket, Mr. Watson, was starring the country. I hold Mr. FLYNN. Not to state a fact. in my hand a handbill which was printed and circulated, advis- Mr. BELL of Colorado (Gontinuing). To ask him a question. ing the people to come out and hear him, and giving the reasons Mr. FLYNN. Certainly. for it. I think it contains a good definition of what Watson and Mr. BELL of Colorado. Do you know, or do. you not know Populism stand for. I will ask the Clerk to read it. [laughter], that Mr. Vanderveer was in charge of these meetings The Clerk rea-d as follows: published in this circular? Tom Watson, Populist candidate for Vice-President, will address the peo- Mr. FLYNN. I do not. ple at the depot in Baxter Springs, Kans., Saturday evening, October 17, at Mr. BELL of Colorado. Then allow me to ask you if it is not 6.4.5 p . m. Leading Populists will accompany him. He comes with special train on Pullman palace coach, with dining ear, glee clubs, and brass band. a fact that Mr. Watson never appeared in answer to any of these Every Populist should turn out and hear Populism discussed from a simon- publications of these meetings? · pure Populistic standpoint. Mr FLYNN I unde sta d Mr S e k fr th bl' Tom Watson is the only Populist on the national ticket. He is the only · · • r n • · P a er, om e pu tc-presff candidate in sympathy with the toiling masses. -He is the only candidate that the executive committee in charge of Mr. Watson deemed it not under the influence of the plutocrats, trusts, combines, and humbugs. to be inadvisable for him to appear. Tom Watson is the farmers' friend and favors subtreasuries, Government Mr BELL of Colorado May I ask o a the ti ? ownership of railroads, stay laws, public warehouses, greenbacks, free silver, · · · Y u no r ques on free trad,e, free riot, and the Ocala. platform. Mr. FLYNN. Call the limit-how many? Tom Watson is the enemy of plutocracy anC!. opposed to corporations, Mr. BELL of Colorado. Yes; !.want to get you right, if you supreme courts, Federal soldiers, syndicates, sound money, robber tariffs, want to be right. I .was present in that part of the country and money loaners, and all stall-fed gold-standard sap sut;:kers. k th' f th · 1 t t k · Tom Watson is the only le~timate nol;llinee of the Po-pulist national con- now some tng o ese meetings. wan o as you thts-if vention and the only man entitled to the P~ulist vote of the State of Kausas. these meeting were had under the auspices of a class of men tha on'lo~d'b.:~o~i~ ~~!t~~Y real orator an statesman on the ticket. •rum called themselves'' middle-of-the-road Populists," and were against Democratic decoy-ducks, Republican rooters, and Populist hoboes owned the regular Populist organization? - by Sewall, the millionaire plutocrat, are especiBany inRVID.tedER. COMMITTEE. Mr. FLYNN. Mr. Speaker, I want to say this-that the only Y 0 honest Populist is the "middle-of-the-road Populist." The only Mr. BELL of Colorado. Will the gentleman allow me to ask men in the Populist party who have set principle above office are him a question? the "middle-of-the-road Populists." Mr. FLYNN . .. Certainly. . .- Mr. BELL of Colorado. In_whose employ-were they? · Mr. BELL of Colorado. Do you not know as a matter of fad Mr. FLYNN. The leaders, who wanted office, were ready on that that literature was got out by Paul Vanderveer, who was in hand on all occasions to trade out the honest rank and file of the the employ of the Republican party and was employed by the Populist party. [Loud applause on the Republican side.] . Pacific Railroad Company? Do you not know that that was Mr. BELL of Colorado. May I ask you another question? charged in our Populist papers, and that the Populists repudiated Mr. FLYNN. I want to say to this House if you desire--- that circular? Do you not know that as a fact? Mr. GROSVENOR. I want to call the attention of the gentle- Mr. FLYNN. Are you ready now for me to answer? man from Oklahoma to the fact that there seems to be some con- Mr. BELL of Colorado. Yes. fusion about what is Populism and what is not; and inasmuch as Mr. FLYNN. I never heard of Mr. Vanderyeer, and am here I believe in getting information on a point like that from the to say that I do know the-man who got out this handbill. highest authority, and. seeing present here a gentleman who was Mr. BELL of Colorado. Was he notin the interest of the Van- at the birth of the Populist party at Ocala-! believe its birth~ derveer movement? place was Ocala-! would like to. know if the gentleman would Mr. FLYNN. No, he was not. I want to say further that the not be willing to give way to the gentleman from Georgia [Mr. Populists tos>k great pride and delight in the circulation of that LrviNGSTONl? [Great laughter.] handbill as enunciating their principles. · Mr. FLYNN. Mr. Speaker, I decline to give way at this time. Mr. BELL of Colorado. Did Mr. Watson appear on that occa- I want to say to the House, in all seriousness, .that if you desire sion? ·· prosperity in the Territories and in the Western States you must ' Mr. FLYNN~ · He was fortunately, I understand, taken ill. give those people an opportunity to develop their resources. That [Laughter.l is all, as I understand it, that this bill asks for. It has been Mr. BELL of Colorado. Do you not know as a matter of fact unanimously reported by the Committee on Territories and it thatthePopulistpartyin theStateofNebraska, throughitsorgan- ought to pass. Why should not a man, whether his citizenship ization, repudiated·Mr. Vanderveer? is here or elsewhere, have a right to purchase real estate in Ari- Mr. FLYNN. Who is Vanderveer? I never heard of him. zona or New Mexico, as well as in the State of New York or any Mr. BELL of Colorado. He was the man bringing forth this other State? If you want to eradicate Populism, allow the light literature. lie had this Cc'l.r, and it was claimed he had it from of prosperity to shine upon those portions of the country, and the the Pacific Railroad Company; and these men were employed at passage of this bill will be a step in that direction. In all serious- the expense of the Republican party. ness, I hope the ]louse will consider the question from that point Mr. FLYNN. Are you through with your question? of view. I believe this is proper legislation. I believe that the The SPEAKER. The gentleman from Oklahoma yielded for a plank in our platform that has been referred to here which would question. insist upon debarring others than American citizens from the Mr. FLYNN. I yielded for a question, and desire to be cour- privilege of purchasing and holding real estate in our Territories, teous to the late Populist candidate for Speaker of this House. if they desire to do so, is a plank stolen bodily from the Populist [Laughter.l platform, and that we have no right to claim it as ours. Mr. BELL of Colorado. I am obliged for that. Mr. QUIGG. Will the gentleman permit a question about the Mr. FLYNN. I would like to have a question and not a speech. bill? Mr. BELL of Colorado. Well, will you now let me ask you a Mr. FLYNN. Certainly. question? Mr. QUIGG. I wish the gentleman would state his own theory Mr. FLYNN. Yes, sir. of what the real purpose of this bill is. It is entitled "A~ act to Mr. BELL of Colorado. May I state a fact? rGreatlaughter.] restrict the ownership of real estate by aliens," but, as I read it, Mr. FLYNN. I decline to yield further, for the simple reason it seems to be an act to confirm the titles of aliens. that it is utterly impossible ·to get at the facts from a Populist Mr. FLYNN. The gentleman evidently did not understand th~ standpoint. rLaughter.] explanation of the bill made by the gentleman from New Mexico Mr. WILLfAM A. STONE. Will the gentleman yield to me awhile ago. . for a question? Mr. QUIGG. No; I didnotunderstandthegentleman, although Mr. FLYNN. I yield to the gentleman from Pennsylvania. I listened to him. Mr. BELL of Colorado. Will you let me get through with the Mr. FLYNN. I will yield to the gentleman from New Mexico question? to explain the matter for the benefit of the gentleman from New The SPEAKER. The gentleman from Oklahoma has yielded to York. . the gentleman from Pennsylvania. Mr. CATRON. I think if the gentleman will look more atten- Mr. BELL of Colorado (to Mr. FLYNN). Do you decline to yield tively he will find that this bill is an amendment to a prior act to me? restricting the ownership of real estate by aliens. The original Mr. FLYNN. You were trying to state a Populist fact. bill, which was passed in 1887, absolutely prohibited foreigners [Laughter.l from acquiring or owning or holding real estate in the Territo- Mr: BELL of Colorado. Then you want no more? ries, and the purpose of this bill is to modify ihe provisions of that .- 1896. CONGRESSIONAL RECORD-HOUSE. 81 act so that foreigners, when they are bona .fide r~sidents ?f the United States and is a just cause of public scandal Your committee are ot the opinion t~t the sale of intoxicating drinks in theN ational C~pitol sho~ld Territory, may acquire real estate and hold It durmg the time of be entirely prohibited, and do therefore recommend that the bill pass, with their residence there and be allowed ten years after they leave the the following additional section: Territory in which to dispose of their real estate. This bill also "SEC. 3. '.rhat the courts of the District of Columbia exercising criminal permits the foreigner to invest his money, by way of a loan secured jurisdiction shall have jurisdiction of all violations of this act." on real estate and if the property has to be sold under the mort The SPEAKER. The gentleman from Massachusetts is recog gage and the iender buys it in, he is allowed ten years in which to nized. dispose of it. Unless he remains a permanentresi~entof the Ter Mr. MORSE. Mr. Speaker, I do not desire to discuss this bill ritory he can not hold real.es~ate p~rmanently.• but if he goes away at any length. It is self-explanatory. Suffice it to say that the he is allowed ten years Withm which to sell It. The law of 1887 sale of strong drink in the Iiational Capitol gives offense to a ' contained no such provision, and this bill modifies it in that re large and growing number of the citizens of this great Republic. spect. This is practically an invitation to foreign capitalists to The saloon in the Capitol is a cause of public scandal. Thousands come into our Territories and develop their resources, so that we yes, millions-of our citizens regard the saloon as the euemy of may pro!ITess. Some gentlemen here seem to think that we oug~t God and man, as the awful maelstrom and whirlpool that destroys to be de~ied this legislation because we ~id not vote the R.epubh the body and soul. The saloon is responsible for a large percent can ticket at the last election. I would hke to ask them this ques age of the pauperism, crime, and insanity and a large amount of tion: If we had voted the Republican ticket at that election would the taxation of the country. Mr. Speaker, there is at this very hour that fact have been a good argument in favor of this ~ill? Ire assembled in this city a convention of the National Anti-Saloon· peat, the object of this bill is to advance the prospenty of the League. The delegates are from every section of our country. I Territories and develop their resources., believe they are as august and honorable a body of earnest men Mr. FLYNN. Mr. Speaker, I desire to treat my colleague, the and women as ever assembled in this city. They have uttered late Populist candidate for Speaker, fairly. I may not have protest loud and long against what they term this national dis stated fully all that he thinks ought to be stated with refere~lC~ to grace, and I believe it is therefore an opportune time to pass this the Populist party, but I will endeavor to make up for the omiSsiOn. bill while this great convention is in session. The passage of this I am requested to have read from the Washington Post of this bill will give joy and satisfaction to thousands-yes, millions-of morning a letter from Mr. Watson to Mr. BUTLER. I have not our countryroen and countrywomen. The Woman's Christian read the letter myself, but as both those gentlemen have been Temperance Union, that great sisterhood that spans the continent regarded generally as high Populist authorities, I will ask the and the world, bas lifted up its voice in petition and in protest Clerk to read it now. against this national disgrace, and let me tell the Democratic and The Clerk proceeded to read the letter. Republican parties in this House that they can spike a Populist Mr. JOHNSON of California (interrupting the r:eading). Mr. gun by passing this bill. Their speakers on the stump and their Speaker, I make-the point of order that it is unparliamentary to literature have much to say, and much that is not true, about the have read here an attack on a member of another body who can sale of intoxicants in this Capitol building and the personal habits not defend himself here. I am not a member of the Populist of the members. Some members of the House who themselves use party, but I do not think it is proper to have !ead on this floor an intoxicants to some extent have expressed to me the belief that a attack upon a member of the Senate, a coordinate branch of Con saloon in the Capitol is unseemly and improper, and I trust they gress. It seems to me that it is mighty poor taste to have that will vote with us for the passage of this bill. letter read here, and besides I believe it is out of order. Mr. Speaker, ·my observation is that t?-ese bars are pa.tronized Mr. PAYNE. Mr. Speaker, the article does not refer to the very little by members of Congress; and my observatiOn, Mr. duties of the gentleman as S~nato:r, .or to· his action in that Speaker, is, during the eight years I have been here, that for char capacity, but only to his action as an individual. a,cter, integrity, virtue, and sobriety, the 357 men who compose The SPEAKER. No: It does not refer, either, to the bill un this House will compare favorably with the sam~ number of men der discussion. [Laughter.] The Chair sustains the point of in any spot or place on the face of God's gree?. earth. The me~ order. The gentleman from Oklahoma has the floor. bers of this House have been charged, for political purposes, With Mr. FLYNN. Well, Mr. Speaker, I had not read the letter. I insobriety and drunkenness. It is a vile slander. _Duripg the was merely endeavoring, in as brief and pointed a way as possible, eight years I have been hei·e I have seen but one intoxicated to show what Populism really is, and I have nothing.furthe! to member of Congress. The patrons of this bar are largely and say on that point. I trust, however, that the Housewillco!ls1~er principally outsiders and employees of the Hou~e; colored r;nen favorably the pending bill, which the Committee on Terntones have frequently been seen drinking at the House restaur~nt; has recommended, and will enact it into law. "there is no distinction on account of race, color, or previous Mr. SCRANTON. Mr. Speaker, I move the previous question.· condition of servitude "-any man who has the money can h~_ye The previous question was ordered. the drink. We owe it to these people, especially the employees The amendments recommended by the committee were adopted. of this House, to I'emove this temptation, and to my mind that is The· question being on ordering the bill to be engrossed and read another strong reason why this bill should pass. a third time, there were-ayes 60, noes 73. Mr. Speaker, I desire to reserve the remainder of my time, and Mr. SCRANTON. I ask for the yeas and nays. I now yield ten minutes to the gentleman fi·om Arkansas [Mr. The yeas and nays were refused, only eight members voting LITTLE] who introduced the bill. therefor· so the House refused to order the bill to be engrossed. Mr. LITTLE. Does the gentleman propose to call the previous On m~tion of Mr. HEPBURN, a motion ~o reconsider the vote question? . by which the House refused to order the bill to be engrossed was Mr. MORSE. I have not moved the previous question; but 1 laid on the table. propose to do so after the remarks of the gentleman from Arkan The SPEAKER. The Clerk will proceed with the call. sas. I do not wish to cut him off. ' INTOXICATING LIQUORS IN THE CAPITOL. Mr. LITTLE. I am perfectly willing that the previous ques Mr. MORSE (when the Committee on Public Buildings and tion be called now. I do not desire to be heard unless there should Grounds was called). I call up the bill (H. R. 7083) to prohibit be some opposition to the bill. ,. the sale of intoxicating liquors in the Capitol building, and for Mr. MORSE. Then,Mr. Speaker, Imovethepreviousquestion. other purposes. The previous question was ordered. · The bill was read, as follows: The question being taken, the amendment reported by the com- Be it enacted, etc., That hereafter it shall be 1;1nlawful for any person or mittee was agreed to. persons to sell, ~Ir. POWERS. Before the l;>ill is read I should like to say a cover the mortgages in the event that they succeeded to the rights word. of the original company, and would give them tbe right to oo a The SPEAKER. If there is no objection, the gentleman will corporation. The language of the enabling act is: proceed. And w secure said bonds said company may mortgage its road., equipment, Mr. POWERS. Mr. Speaker, this bill was inadvertently re lands, franchises, privileges, and other rights. fened to the Committee of the Whole on the state of the Union. Under that language, as I have already stated, it would seem It should have gone to the House Calendar. There is no appro to a layman that the right to be a corporation was a franchise priation in it whatever . . I ask that the bill be considered as if on covered by this section of the enabling act of 1871. · the House Calendar. But, Mr. Speaker, later on the Supreme Court of the United Mr. DINGLEY. Let the bill first be read. States, in a case reported in 112 United States Reports, and in The SPEAKER. The bill will be read. another reported in 114 Reports, have held that the word" fran - The Clerk read as follows: chise H is not broad enough in its scope to enable the mortgage bondholders, in the event of a reorganization, to organize them Be it enacted, etc. , That whenever a sale of the road, equipment, lands, franchises, pri>ileges, and other rights and property of the Atlantic and selves into a new corporation. And the only purpose of this act Pacific Rttilroad Company is made by virtue of any mortgage or other power is simply to settle that controversy. The mortgage was issued, authorized by act of Congress, the purchasers at such sale, and their asso the bonds were sold, the moneys advanced, and the road was built. ciates or as igns, hall constitute a new company, which..shall have and shall be entitled to exercise the same rights, powers, privileges, grants, and fran Now, the mortgage then issued has been foreclosed, and it tran chises, including the franchise to be a corporation, granted by the act of spires in the light of the two decisions to which I have refelTed Oongre approved July 21, 1866, incorporating the Atlantic and Pacific .Rail that the mortgagees are unable, technically s-peaking, to exercise ;road. Company, and by acts amendatory thereof and supplemental thereto, and the incorporation as hereby provided shall be completed and become the right of a corporation, or to be a corporation. effective whenever the sa.idpurcha.sers and their associates or assigns shall file It would seem, therefore, and did so seem to the committee, with the Secretary of the Interior a certificate of incorporation hereunder, that a technical objection cf this kind ought to be 1·emedied by duly acknowledged, specifying the name of such new corporation, its presi legislation, and that is the only purpose of the bill. dent, and the names of its directors, the amount of its J>ro:posed capital stock and bonds, not exceeding the amounts which the said Atlantic and Pacific Mr. MoRAE. Mr. Speaker, if this bill is not intended to grant Railroad Company by said acts was authorized to issue, and with like effect, or revive a charter which was first grant.ed to the corporation now together with certified copy of the decree or decrees ratifying such sale ; but alleged to be extinct, then I do not nnderstand why it is presented. nothing in this act shall make such purchasers and their associates or such new corporation liable for any debts or claims or contracts of the old cor The act of Congress which granted the charter to the original in poration not expressly assumed in their contract of purchase at said judicial corporators should be subject to the point of order, and this bill sale. is also. - The authority to mortgage primarily fixed a lien upon The amendment reported "by the committee was 1·ead, as follows: and finally pa-ssed from the United States the title of the lar~st Strike out all after the enacting clause of the bill and insert the follow..ng: land grant that was ever made by the Congress of the Umted ·. "That whenever any mortgage made by the Atlantic and Pacific Railroad States without any substantial compliance with the provisions of Company under and by virtue of acts of Congress is foreclosed in any court the grant, and this bill will have the effect to confirm a question of the United States, or of any State or Territory thereof, and any sale of able titl&-it yields all the rights of the United States. the road, equipment, lands, franchises, privileges, and other rights and property covered by said mortgage is made under a decree or decrees of such There is an immense grant of public lands behind this old com courts, the purchaser at any such sale or sales, and their associates or assigns, pany. The mortgagees and purchasers are in no condition to ask sqall constitute a new company, which shall have and shall be entitled to the relief proposed. It is to legalize the acts and create the suc hold and possess the franchises and property so sold, and to exercise the same rights. powers, privileges, grants, and franchises, including the franchise to cessor to a defunct corporation that failed to build the road for be a corporation, granted by the act of Congress approved July ZT, l866.. in which the grant was made and which has not kept faith witb the ~rporating the Atlantic and Pacitic Railroad Company, and by acts amenda. Government in a single particular. If the corporation is dead we tory thereof and supplemental thereto, which were owned and possessed by said Atlantic and Pacific Railroad. Company, or said mortgagees at the time should not resurrect or revive it. of such decree of foreclosure; and the incorporation as hereby provided shall The history of this grant, when correctly understood, is the be completed and become effective whenever the said purchasers and their most corrupt of any among the long list of grants of lands by associates or assigns shall file with the Secretary of the Interior a certificate ¢incorporation hereunder, duly acknowledge€!, specifying the name of such the Congre s of the United States to railroad companies. Now, pew corporation, its president, and the names of its directors, the amount of these purchasers, who I thinkare the mortgagees, seek to continue its proposed capital stock and bonds, together with certified copy of the the official life of the old compa-ny notwithstanding the forfeiture, decree or decrees ratifying such sale; but nothing in this act shall make such purchasers and their associates or such new corporation liable for any debts and to secure the advantages and privileges which accrue under or claims or contracts of the old corporation not expressly assumed in their the original grant to the grantee company. It gives to them a contract of purchase at said judicial sale: _f'l·~vided, That the amount of the right which they have not now. It gives them a right which in :proposed issue of stock of such new corporation shall not exceed the aggre· justice they ought not to have. It gives them the· right to secure ~ate amount which the Atlantic and Pacific Railroad Company has already lSsued and is now outstanding, except that said corporation may issue an valid title to lands that they never properly earned, that did not additional amount of stock which, · with the stock he:;:-etofore issued, shall ·fairly belong to the road, a title which belongs of right to the not exceed the ag~regate amount heretofore authorized by Congress, and Government of the United States, and which should be held by it such additional stock shall not be issued except for money, labor, or :property, estimated at its actual cost value, in exchange for such stock at xts full or instead of giving it away in this manner. I insist that the bill par value: .ProtJ'ided further, That nothing herein contained shall be con should be considered in the Committee of the Whole House. strued as making any additional grant of lands or other franchises to such Mr. POWERS. ltfr. Speaker, the gentleman from Arkansas successor corporation, or a.s a. waiver of any rights of the United States now existing to enforce 'B.ny forfeiture of lands heretofore granted to the said overl~ther franchise,s to such successor cor to the Atlantic and Pacific Railroad Company or of any purchase!' or pur~ poration, or as a. waiver of any rights of the United States now existing to chasers of said lands from said company. enf~rce a~y, forfeiture of lands ~eretofore granted ~ the said Atla.D;tio and ''SEc. 2. That Congress shall at all times have the power to alter, amend, or Pacific Railroad Company, or a.s m any manner affectmg the vested nghts of l'epeal this act. u any settler or settlers on any of the lands heretofore granred to the Atlantic and Pacific R-ailroad. Company or of any purchaser or purchasers €>f said lands Mr. McRAE~ I make the point of order that this bill~- from said company. Mr. DINGLEY. I should like to know whethe1· the bill in any Now, all Of thecse rights are reserved to the. United States under way involves the interests of the United States. If it does, it can this bill. All rights are withheld from the corporation that can -;not come up under this order. of business except by unanimop.s possibly be reserved for the Government. If the gentleman makes consent. objection to the grant of the land to the company orjginally, he is Mr. POWERS. This" charter was originally granted by Con hurting the matter not at all by depriving these men of the chance gress-- of organizing themselves into a corporation. They foreclosed the :Mr. DINGLEY. I wish to reserve a point of order until I can mortgage~ they had possession of the land~ and if you do not let examine the measure. . them hol I. 1896. CONGRESSIONAL RECORD-HOUSE. 83 only bills recommended by the committees, and on the House and possessed bf said Atlantic and Pacific Railroad Com.pany, or said mort gagees, at the t1me of such decree of foreclosurei. and the incorporation as Calendar, shall be considered in this order. This bill is not on hereby provided shall be completed and become e.rrective whenever the said the House Calendar, but on the Union Cal-endar. purchasers and their associates or assigns shall tile with the Secretary of the Mr. POWERS. The motion I made was to have the bill treated Interior a certificate of incorporation hereunder, duly acknowledged., speci· fying the nanre of such 111.ew corporation, its president, and the names of its as on the House Calendar, to have the reference changed. It was directors, the amount of its proposed capital stock a.nd bonds, together with · placed on the Union CaJ.endar by inadvertenee. certified copy of the decree or decrees ratifying such sa.le; but nothing in The SPEAKER. There i-s a. difficulty about that, because the this act shall make such purchasers and their associates or such new corpora ti-on llab.le for any debts or claims or contracts of the old corporation not Chair must decide these questions with reference to what will be expressly assumed in their contract of purchase at said judicial sale: .Pro the general effect. The diffi-culty with that is that the placing of vided, That the amount of the proposed issue of stock of such new corpora a bill on the House Calendar is intended for two purposes, first tion shall not exceed the aggregate amount which the Atlantic a.nd Pacific Railroad Company has already ISSued and is now outstanding . exoeJ?t that that it shall not carry an appropriation or the equival-e!lt of it, and said corporation may issue an additional amount of stock which,1 Wlth the ' that there sh~ll be notice to the House that it is liable to be taken stack heretof-ore issued, shall not exceed th.e aggregate amount heretofore up. Not being ·on the House Calendar, even if it ought to have authorized by Congress, a.nd such additional stock shall not be is$u.ed except for money,labor, or property, estimated at its actual cost value, in exchan~e been, there is no notice. for sueh stock at its full or par value: Pravidedju1-ther, That nothing herem Mr. McMILLIN. Mr. Speaker, if I maybe indulged onemo contained shall be construed as maldng any additional grant of lands m·other ment on th& point of order-- franchises to such successor corporation, or as a waiver of any rights of the The SPEAKER. If the point of order is made-- United States now existing to enforce any forfeiture of lands heretofore granted tq the sairl Atlantic and Pacific Railroad Company, or as in any man Mr. McMlLLIN. I do not know the merits..of the controversy, ner affecting the vested rights of any settler or settlers on any of the lands because I have not had an opportunity to read the bill. The very heretofore granted to the Atlanti-c and Pacific Railroad Company or of any object of this rule was to enable the House to give consideration purchaser or purchasers of said lands from said. company. SEC. 2. That Con:g:ress shall at all times have the power to alter, amend, or to bills that. made no appropriation of money or of _public lands, repeal this act. and I am therefore much interested in keeping that rule restricted within its propru· sphere. I call the attention of the Speaker to an Mr. McRAE. Mr. Speaker, I make the point of order against ·admission made by "the gentleman in charge of the bill, which, it this bill that,. although it is upon the House Calendar, it should strikes me, is conclu i ve of the question_ He admits that there be upon the Union Calendar, and that therefore it is not l>roperly was a disposition of public lands attempted to· be made by the. before the House for consideration in this hour. I bdieve I have original act, which disposition was not made by reason of the fact already said all I desire to say upon the point of order-when a like th-at the Supreme Court held. that the effort to make it was inef House bill was presented. factual. Now, that was- a disposition. It was the dispositi{)n that The SPEAKER. The Chair understan-ds that thts bill is o.n the they might make of the then public lands by mortgage. It strikes Hou.se Calendar. m-e that to re-medy that is dealing with the public lands.,. and a dis Mr. McRAE. I insist that it should be on the Union Galendar. position of the public lands, within the p-rohibition of the rule. I ma.ke the point of order that, although the bill is upon the House The SPEAKER. The Chair will not undertake to pass upon Calendar, it shoul-d be on the Union Calendart and. th.at the im that question. It may come up in some other form, but on th& proper assignment to the House Calendar does not give it the right - -question of th-e bill being on the Uni-on Calendar, that is a direc of consideration. I think that it has been so improperly assigned, . tion of a rule of the House of Repr·esentatives. Therefore, if the be.cause it relinquishes a possibla right which th.e United States point of order is insisted upon, it must be sustained on that has to lands, and gives a tight to certain purchasers under a mort ground. gage which they do not now possess, and creates a corporation~ -, Mr. McRAE. I insist upon the point of order, Mr. Speaker,. Mr. POWERS. It relinquishes UQ right whatever. It simply but I am willing that the Speaker take the queStion under con supplies an omission, an obvious omission, in the act of 1871. sideration and determine whether the bl"ll shouLd be upon the Mr. TERRY. Mr. Speaker, I desire to suggest that this bill House Calendar or the Union Calendar and its status be preserved d-oes give important concessions to this road, if its mortgage is until then. anything similar to that of the Northern Pacific. It gives this Mr. POWERS. I will withdraw the bill for the time being. road, in this act for reorganization~ large advantages which the MESSAGE FROM THE SENATE. J udicia.ry Committee of this House, in reporting a similar bill relating to the Northern Pacific, refused to give to that company. A message from the Senate, by Mr. PLA...TT, one of its clerks,. If a measure of this kind is to pass at all, it ought at least not to announced that the Senate had passed bill and joint resolution of give this Atlantic and Pacific road advantages that were denied to th-e following titles; in which the concurrence of the House wa-s the N orthe1·n Pacific. T.he mortgage whi-ch the Northern Pacific requested : Company gave,. wl1ich the United States consented to, contained A bill (S. 1168) for the relief of the heirs of Erskine S. Allin and a proviso that whenever the lands wru·e sold they sh-o'l:tid be sold the United States Regulation Firearms Company, respectively; an.d in certain specified bodies or tracts not exceeding certain acreage, Joint resolution (S. R. 162) eontin.uing in ·force section ~of ·the intention being not to allow on€ purchaser to acquire large the act approved June 3, 1896, entitled "An act to repeal section bodies of the public domain_ It was. contrary, as was supposed, 61 of •An act to reduce taxation, to provid-e revenue for the Gevern to the policy of the United States Government. Now, that is my ment, and for other purposes,''·' which became a law August 28~ recollection of it~ and the Committee on the Judiciary, with the 1894. terms of that act before them, imposed quite a number of limita SENATE BILL AND JOINT RESOLUTION -REFERRED. tions in the act for the reorganization of theNorthern Pacific that Under clause 2 of Rule XXIV~ the following Senate bill and do not occur. in this bilL Another thing: There w·as a provisi-on in joint resolution were taken from the Speaker's tabl-e and referred that act to prevent the reorgan.iz.ed.eom-pany from becoming the as follows: possessor of large bodies of coal lands It had been found, in pr-ac A bill {S. 1168) for the relief of the heirs of Erskin-eS. Allin and tical operation, that whena railroad companybecamethepossessor the United States Regulation Firearms Company, respectively of large bodies of coal lands it wonld deny equal facilities of to the Committee on Claims. transportation to other companies ex persons who might own coal Joint resolntion (S. R. 162) continuing in force section 2· of lands. · the act approved June 3, 1896., entitled '~An aet to repeal section Mr.. POWERS. Will the gentleman from Arkansas allow me 61 of 'An act to reduce taxa~ to provide revenue for the Govern one moment? ment, and for other purposes,'" which became a law August 28, Mr. TERRY. Yes, sir; certainlY. 1894-to the Committee on Ways and Means. Mr. POWERS. Are you desirous of submitting tke amend ATLAN'L'IC AND PACIFIC RAILROAD COMPANY. ments that were imposed upon th-e Northern. Pacific bill?. Mr. POWERS. Mr. Speaker, I now call up tile bill. {8.1832) to Mr. TERRY. I was not in favo.r of the Northern Pacific bill d-efine the rights of purchasers under mortgages authorized by an even as amended; but if we are to pass. any bill for the reorgani act of Congress approved April 20, 1871, concerning the Atlantic zation-- and Pacific Railroad Company. I will state that-the bill has passed Mr. POWERS. I have not theslightestobjeetion to that amend the Senate and come over here. I believe it is on. the House ment being made to this bill, if the gentleman will accept it~ Cale-ndar. The SPEAKERA Will the gentleman from Arkansas poiat out 'The bill was read, as follows: any proposition involving a tax or charge, appropriation of money authorizing payment out of an appropriation alrea-dy IIlalde, or Be it enacted, etc., That whenever an:y mortgage made by the Atlantic and Pacific Railroad Com.pa.nyunder and by virtue of acts of Congress is fore releasing any Tiabillty of the United States for m-one-y or _prop closed in any court of the Unit.erl. States, or-of any Sta.te or Territory thereof, erty? and any sale of the road, equipment, lands. franchises, p:rfvi1eges, a.nd other Mr. TERRY. Releasing l!l.ny liability? rights and property covered by said mortgage is made under a decree or The SPEAKER. Or liabilities. decrees of suclrcourts, the purchaser at any such sale- or sales. and their asso ciates or assigns, shall constitute a new company. which shall. have an-d shall Mr. TERRY. I take it that the United States sht:m:ld not relin be entitled to hold and poS.."'eSS the franchises and. property so sold. and to quish any rights or limitations that thepeople are interested in. exercise the same rights, powers, privileges. grants, and franchises, in-cludin~ The SPEAKER. It is not releasing any right, butreleasing any the franchise to be a corporation, granted oy the act of Congress a-pproved JU!ly ZT, 1866, incorporating th.e Atlantic and Pacific Railroad Company, and liability that confines the term. There is nothing that requires .. by act.s amendatory thereof and sup:;>lemen..ta.l theret-o,. which were o~d that a propositi?n·of action on th~part of the United States sh~mld .- 84 CONGRESSIONAL RECORD-HOUSE. DECEMBER 10, ' go to the Committee of the Whole unless it refers to a certain speci Mr. LACEY. Mr. Speaker, I desire to offer the amendment fied thing. Now, can the gentleman state any of those specified which I send to the desk. · things is stated in this bill? The amendment was read, as follows: Mr. TERRY. I was about to state to the Speaker that I could SEa. 3. Where the line of such railway is now located within the limits of not recollect the exact phraseology of that rule; but I wanted to any State or where such line is now located within a Territory which may call the attention of the Speaker to the matter and let him solve hereafter become a State, such State, or such Territory when it shall become a State, shall be empowered to require such corporation to becom9 incorpo it with the rule before him. The mortgage that was authorized rated within such State or States as may be provided by the laws thereof. by.an act of Congress about 1871, among other terms, provided that whenever these lands were sold they should be sold in small Mr. POWERS. ·Mr. Speaker, if_there is no other amendment bodies, not exceeding a certain ·amount. to be offered at this time, I ask unanimous consent that the bill Now, I think that that was a reservation of a valuable right to be made a special order for Monday next at 1 o'clock. the people of the United States; and that is given away in this The SPEAKER. Is there opjection to the request of the gen bill by permitting this company to acquire these lands all in a tleman from Vermont? body and not to conform to the terms of the mortgage which the Mr. MoRAE. I object to making the bill a special order. I United States assented to about the year 1871. That is the point have no objection to its going over to be called up during the I desire to make. This is virtually another disposition, inasmuch morning hour of any day, but as I understand the rule, if the bill as it allows the lands permitted to be mortgaged to pass away is made a special order for a particular time, it will become" un ·- in a form that the mortgage of 1871 did not authorize, and which finished business " and take precedence of everything else until it the Government of the United States consented to on account of is disposed of, and I object to giving it that privilege. ' this condition being in the mortgage. I think it is a point worthy Mr. POWERS. I was trying to accommodate my friend from of very serious consideration. And certainly this bill ought to Arkansas. but he seems rather difficult to accommodate. have some amendments, which I am not prepared just at this The SPEAKER. Objection is made to the request of the gen.. momen~ to offer. This is a matt-er that ought to be very carefully tleman from Vermont. considered in this House; and I further say that if we are going Mr. McMILLIN. I suggest to my friend from Arkansas that to have this bill up the gentleman from Vermont ought to allow an agreement mi~ht be made to have the bill come up on Monday members of the House an opportunity to present proper amend with only the pnvileges that it would have if it were considered ments to it, and also to see where they shoUld come in. In a mat to-day. ter of so mucli importance let us proceed cautiously. Mr. McRAE. I have no objection to that; but I do object to Mr. POWERS. If there is any way by which this bill can making it a special order and giving it special privileges on some maintain its privilege I have no objection to its going over until other day which it does not have to-day. to-morrow, to enable gentlemen to propose such amendments as The SPEAKER. The Chair would suggest that under the they desire; but I do_not want to lose the advantage of the posi rules if the House desires it can cease the consideration of the bill tion we now have of having this bill before the House and thus at the end of sixty minutes, or it can go on to consider it the 'Whole have it go over until another call of the committee; but if there day. be any way to preserve its rights, I have no objection. - Mr. McRAE. But making it a special order would give it pre The SPEAKER. The Chair has not had his attention called to cedence for every day until disposed of, and that is what I object to. any provision in this bill which seems -to be obnoxious to th~ pr when the roll of committees is called on Monday, arid the call of The existing law relative to copyrights has been found to be inadequate to 'tt · ht b ti d t d 'th th t d t di properly protect authors and producers of American plars and operas in the comm1 ees m1g e con nue ·0 · ay Wl a un ers an ng. enjoyment of their rights of pro:t>erty in these duly copyrighted productions. Mr. McE-AE. I will agree to that proposition. Persons in various sections of the country have, without the shadow of The SPEAKER. That would give the bill the same rights then right or authority, pirated these works, aud,confiningtheiroperationschiefly th t 't ha to the smaller and more remote towns, have given representations of these a I ,s now. stolen productions for their own individual profit, and without making any Mr. McRAE. I have no objection to that. compensation whatever to authors or owners. Under existing conditions no Mr. POWERS. That would be satisfactory. adequate remedy exists fort~ unlawful usurpation of property rights. The SPEAKER The Chair desires to say however to the The offender~ are almost uniformly men WI~out attachable _means, and . h . : uld b' defy all the ordinary processes by which they nnght be mulcted ill dama~es. gentleman from Vermont that t e committee wo not e regu- 1 The representation of these pirated productions is generally given for a mght larly called on Monday; the call would have to be consented to by or two only at a. given I,>laye,and the offenders flit from section tosecti~nand the Ho~se. The chairman of the Committee on the District of ~~~:~;~e1~ ~~!~~ :~ts~efiance to the processes of the courts seeking to Columbia does not seem to be present. Serious embarrassments have arisen in the efforts toenforce these judicial Mr. POWERS. The proposition was that this bill should not order~ az;td_to punish offen~e:t:_s for _disobed.ie11:ce of them. . lose the position it now has. . ~~e ~tIS. true th~t au illJunctwn oz:der ISSued by a court of. competent · uld b b ht Junsdiction IS operative upon the consmence of the part y r estramed every· The SPEAK E R . 0 n S aturd ay next It co e roug up where in the United States it appears that an attachment for cont.empt of without conflict with anything else. such order can not be ex ecuted except in the circuit of the court which issued Mr. McRAE. I am perfectly willing that when the committees the orig:inal order, and_this bill seeks ~o ovez:come this difficulty. . · th bill t b call d The bill furt her proVIdes that the puacy, I . e., the unlawful productiOn of ~re next c all e d , if th e gentl eman d ~Sires !3 o e e up, any duly copyrighted play or opera, if it be determined that such u nlawful 1t may come up; but what I want 1S that It shall not have the representation was willful and for profit, shall be a misdemeanor, and shall privileges which belong to a special order. subject the offend_er, upon conviction, to the liability of imprisonment for a .ll · ht M d I period not exceeding one year. M r. POWERS· The bI mig come up on on ay, as The reason for the enactment of this provision has already been outlined. understand-- The unauthorized publication of a co~yrighted book may ordinarily be ade- Mr. McRAE. No. 9uately punished throu~h civil proceedings and under the proyi_sions of exist· 1\.t'•• POWERS. B · t mg law. The offender ill such case is a person of fixed domicile, and has a l.r.u. Y unammous consen · press and the implements of his business, so that the ordinary processes of The SPEAKER. That arrangement would have to be made by the court may readily be served upon him, and he may be compelled to unanimous consent, as it would displace the business of the Com- respond in dii;Jl?.ages for his ~rongdoing. . . mittee on the District of Columbia _These conditions do not eXISt, as a rule, m the case of the professwnal play · prrate. Mr. POWERS. Then I suggest that on Saturday, or even next It is difficult to serve him with injunction and court orders b ecause of his Tuesdav-I do not care which-- migratory habits, and as he is frequently without attachable m eans it is Mr. McMILLIN. I sug!5est that the gentleman name Tuesday. im.f~~~~~;o ~:~~; ~~~~j't~f::~t:~:lft!~ showing that the losses We are sure to have a session on that day. accruing to authors and owners of copyrighted productions by these piracies Mr. POWERS. Very well; Tuesday. amount ~o .Jarge s~s eaclr year. So lit~le protecti 86 'CONGRESSIONAL REWORD-ROUSE. DECEMBER 10, · this particular class of persons a stretch of Federal authority Mr. HULICK~ Will the gentleman allow me to ·ask ·him a . which is not sanctioned in reference to any other kind of property question? in this country; and it seems to me it is a stretch of power that .Ml·. DRAPER. Certainly. it is dangerous to permit with respect even to the ·productions of Mr. HULICK. In thiB bill, in lin-e 14, I find these words: playwriters. If the unlawful performance and representation be willful and for J)roftt. Mr. DRAPER rose. I would like to ask the gentleman if this provision of the bill Mr. LACEY. Will the gentleman from Massachusetts allow will affect charitable organizations or amateur associations in me a question? I notice the bill provides that the wi.lL.~l giving performing or representing any dramatic or musical composition of a dramatic or musica.l performance without authority shall be for a charitable purpose, in order to obtain money for any benevo a misdemeanor, and may be prosecuted criminally in th-e Federal lent institution or otherwise? courts. I wish to ask my friend the chairman of the Committee Mr. DRAPER. Not as I understand it. The matter was dis- on Patents what is the neceRsity for this extreme measure? Has cussed in both committees. not the present system o~ investigation and injunction by the Mr. HULICK. But this provides that any person, without any · United States courts beenfoundample for the protection of rights exception whatever, guilty of this offense shall~ upon conviction, of this character so far as dramatic performancoo are concerned? be imprisoned for a period of not exceeding one year, and so on. Mr. DRAPER. It has not been found of any value at all. It provides that it shall be unlawful for any person -publicly to :Mr. LACEY (continuing). If musical performances are put in perform any dramatic or musical composition for which a copy- . the same category as dramatic works, would it not? right has been granted under the penalties that I have suggested. Mr. DRAPER. I can reply to only one gentleman at a time, Now, if a person should inadvertently, without understanding or but taking up the last question, that proposed by the gentleman examining the statute, engage in such a performance he would be from Iowa [Mr. LACEY), the reason why the bill was introduced is held guilty of violating the aet and be subject to the punishment because the present legislation does not protect dramatic authors; fixed by the statute. There seems to be no exception in the bill as and many of our dramatic authors have ceasecl to copyright their you have drawn it. · works because they are not sufficiently p1·otected under the pres- Mr. DRAPER. I think there will be no practical danger in that. -ent law. Mt:. HULICK. Is there any exception of that class of perform- In reply to the gentleman from Tilinois rMr. HOPKINS], the ances anywhere in the statute? There certainly is not in this bill. language he objects to on the fu·st page of t'be bill, in regard to Mr. DRAPER. Unless there is something more to be said, I ask the sum of damages, is already the law. It is a part of _the pres- for a vote. ent law and thet·e is no new legislation about it. Mr. CONNOLLY. Let me ask the gentleman my question Further, I think my friend misunderstands the bill, at which again.· I am somewhat surprised, as I had the pleasuTe of submitting it Mr. DRAPER. I will yield for another question. to him in advance of its presentation to the House. .A.s I under- Mr. CONNOLLY. I asked whether or not the injunction that stand it, it provides, in case an injunction is taken out against you provide for or specify here is to be an injunction granted a company illegally performing a play, for instance, in New York, upon hearing. I find on referring to the bill that a mere tem and the next night goes to Jersey City, that instead of it being porary injunction may be sufficient, without a hearing. necessary to take out a new process through an injunction pro- Mr. HOOKER. It provides that a motion may be made to set ceeding in Jersey G"ity the injunction taken in New York will it aside. hold against it, unless the company shows cause why it should Mr. CONNOLLY. I see the bill provides that any injunction not hold. .As the case stands now, the law is utterly inadequate that may be granted by any circuit com·t of the United States, to protect against the production of plays in an unauthorized orbyajudgethereof,restraining,etc.,maybeservedontbeparties manner for this reason by strolling companies. against whom it js granted anywhere in the United State . Now, I would say that this legislation was asked for by substantially that may be a temporary injunction, granted without hearing, the entire dramatic profession of the United States, and we have upon merely filing a bill setting out the facts claimed, and asking had many .and very interesting hearings upon the subj-ect. I have for a preliminary injunction. That may be done without hear a list of the signatures here of some of those who have asked for the ing, and that injunction then, without any evidence ever having legislation, and among the many dramatists who have asked for been heard in support of it, will be enforced everywhere in the it I find snch names as Bronson Howard, David Belasco, Charles United States to stop the performance. Barnard, Henry G. Carleton, Reginald De Koven, James A. Herne. Mr. HOOKER. The injunction would not be made permanent Charles Hoyt, Joe Howard, jr., Bill Nye, John Philip Sousa, J. until after a hearing was had. · Cheever Goodwin, John J.Braham,Arthur Walla-ck,LouisHal'Ii- Mr. CONNOLLY. It becomes permanent everywhere in the son,· and others. .Among the actors we find such names as Helena United States under the language of this bill, upon merely asking Modjeska, MarieJansen,StuartRobson, William H. Crane, Annie for an injunction, .and having it issued. It becomes permanent Ward Tiffany, Janies B. Mackie, Kate Claxton, Thomas Q. Sear then until the other party comes into court and seeks to have it brook, Louis Aldrich. Maida Craigen, Maude Banks, Marian Ma- set aside. · nola-M.ason. RobertHilliard,HenryE.Dixey,A. M.Palmer,Daniel .Mr. DR.AP.ER. Which he has a.xight to do. Frohman,CharlesFrohman,HenryE.Abbey, WilsonBarrett,John Mr. CONNOLLY. Of course he has a right to do it, but in the Drew, Georgia Cayvan, James O'Neill~ Frank Mayo, B. F. Keith, meantime it will be enforced everywhere in the United States. Canary & Lederer, Charles Hoyt and Frank McKee, T. Henry Mr. DRAPER. It is provided in the bill that he may come in French, H. C. Miner, W. H. Thompson, William Faversham, and seek to have it set aside. Ferdinand Gottschalk, Bessie Tyree, Mark.Murphy, W. D. Jones, Mr. CONNOLLY. In the meantime it restrains him every· ·and many others. where, and the practical effect of it is to give a permanent injunc- The statement of all of them iB that under the present law, that tion without a~y ·evidence to show that the facts set out in the p1·etends to .give protection to copyrighted plays, no protection bill are true. Anyone can go into court, make a charge, and get can be offered for the reason already suggested. and no indemnifi- an injunction that is enforced everywhere. cation can be obtained against any illegal -performances in New • Mr. SULLOWA Y. Why should it not restrain him every- York or elsewhere~ because if an injunction is taken out in New where? · York the players can go over to Jersey City and perform there Mr. CONNOLLY. Because the fact has not been established. two or three days before an injunction can be gotten out, and then Mr. SULLO WAY. If it is to be enforced anywhere, why not be ·off to Philadelphia, will give as many performances there as let it be enforced everywhere within the jurisdiction of the United possible, and before an injunction can be taken out in that city States? perhaps they will be off to Baltimore or somewhere else. :Mr. CONNOLLY. Of course, if you make it an injunction Now, Mr. Speaker, what is in~ended by this legislation· is that granted on a hearing~ that is a ~erent thing, but this is an in- . the first injunction taken out shall serve in the othel' districts of junction granted upon a mer..e ex parte showing. the United States unless cause is shown why it should not. Mr. SULLOWAY. But 'the court would take care to order an 1 Mr. CONNOLLY. I would like to ask th-e gentleman a ques- immediate hearing. tion. Does this bill require that the injunction shall be upon Mr. CONNOLLY. The court could not order an immediate hearings or upon mere application? Is it the intention of-the law hearing. that the injunction may issue without a hearing, and cover all the Mr. SULLOWAY. And a bond would be required, if there territory of the United States? was danger of damage. :Mr. DRAPER. No; there must be a hearing .first. Mr. CONNOLLY. The court might require a bond .and it Mr. HOPKINS. lf the gentleman will -permit me, he l"eferred might not. to the fact of having submitted this bill tome. Hedoesnotwish, Mr. SULLOWAY. That is assuming that the court would not I presume, to convey the impression to the House that 1 have do the right thing. • approvedofthebillandreco1pmenditsprovisions? · Mr. CONNOLLY. We ought to require the court todo the .1\:fr. DRAPER. I purposefy did not say that. I said I submit- right thing to protect the parties. · ted it to· the gentleman, and was surprised to see that ne misap- Mr. HOOKER. The court will do that. prehended the p1·ovisions. That was all. I did not m-ean to imply Mr. :S~OWAY. I think the courts may be relied npon to anything further. protect everybody . ..- . 1896. CONGRESSIONAL REC~RD-. HOUSE. ·87 Mr. STEW.ART of New .J"ersey. Does not this preclude any very city -on the next day. If he .had been followed up he would . person from singing a topical ballad if lt is copyrighted? W-ould have turned the company over to a third pirate, and the perform~ _not that be included in the terms ''musical composition;" inline 12? ance would ha. ve been contin ned indefinitely. - :Mr. DRAPER. If it is copyrighted, of course. 1\Ir. Speaker, this is not t.he first timB this billJms been before ..Mr. STEWART uf New .Jel"Bey.. Then it would include .a copy- the House of Representatives. "It w.as here in the last Congress. .righted ballad. As a remedy it was proposed to give .any Federal court jurisdic~ Mr. DRAPER. It would include the performance of .anything tion over the entire country. I a.m. not a lawyer and 1 shall not thatwasthepropertyofanother, withoutauthority. A.sthismat- attempt to nse.legal phraseology. I shall try to make it so plain , ter has awakened more discussion than 1-expected, I ·will _yield ten that even .a common bootblack ·can understand it. fLa,ughte~·.] minutes to the gentleman who introduced the bill, Mr. CUMMINGS .Say an author .has .copyrighted a play and ·sold it. 'l'wenty-:fi.ve .cl New York. thousand dollars has been spent in the city of New York to pro Mr. HULICK. Will the gentleman allow me just a moment, to duce it. Somebody·out in Chicago, or New Orleans, or·San Fran· <>ffer an amendment? And then the gentleman can proceea. cisco mangles it and sends out piratical troupe3 to perform that Mr. CUMMINGS. I Will. · mangled play without authority from the author. The author or Mr. HULICK. Mr. Speaker, I offer the following amendment. purchaser can go to a Fed-eral judge-say the drcmt judge -of the Strike out all after the word ''just," in line 14, and before the word New York district-and get an injunction whicn would hold in ''only," in the seventeenth line; and also strike out in line 20 the -every circuit in the United States. Such was the bill proposed in word " ·such." the last Con.:,o-ress. The House voted it down, because they did The SPEAKER pro tempore (Mr. DALZELL).. The gentleman not think it _proper to give .a F-ederal judge inNew Y Ol"k complete from Ohio offers an amendment, whlch the Clerk will report. jurisdiction over a matter in T-exas. I do not say that the House The Clerk read as follows: was not right, although I must say that if the force bill had be~ Strikeout all after the word u just,~' inthefourteenthline, andtotooword come a law it would have given the Federal courts far more juris ~· only," in the seventeenth line thereo~ and in line 20 strike out the word diction than that proposed in the last Congress. "such;" so as -to read, "representation of any dramatic or musical campo- Now, Mr. Speaker, this bill attempts to correct what thfl House sition." thought was wrong in the bill then. As I understand it now, it Mr. CUMMINGS. Mr. Speaker, the amendment offered by the . gives-a Federal judge in New York the power to issue a mand~ gentleman would entirely -emasculate the bill and leave the law mus or an injunction or power to punish for contempt, and that practically where it is to-day-worthless. Thereare5,000theaters 'POWer can be exercised in-any other jud.icla1district.in the United and opera houses in the United States. They cost from $10,000 to States if it is indorsed by the j.ndge ruling in that district. If $800,000 each. These theaters employ 50,000 persons outside of be .refuses .his assent, that ends the whole matter, and the man actors and actresses. There are upward of 400 manuscript plays, who owns th~ copyright remains unpr.otected. But if the judge written or owned by citizens of the United States, played nightly believes that the pirate was at work in his district, by a simple in our cities. They give employment to from 5,000 to-6,000 .actors indorsement he could pen the pirate and stop the robbery. . ,and actresses. The total of plays involved is over 1,500. The Now, Mr. Speaker-- . cost of producing these plays ranges from $2,000 to $25,000 each. Mr. RAY. Do I under.staud the _gentleman to be now stating This enormous aggregate invested is entirely dependent upon th~ what the law is, or what this bHl pToposes? right to perform these plays. _ltfr. CUMMINGS. What this bill proposes. The laws of the United States recognize the right to perform a :Mr. RAY. I do not think thereis any such provision in the bill play as the exclusive property of the author or owner of the play. as the gentleman suggests. The way I read it it _provides that an The copyright law imposes severe fines for the punishment-of all injunction may issue by a judge, say in the cir.cuit court of the persons who "Perform a play without the .consent of the .owner. State of New York, and that that injunction may be served any The Federal courts provide facilities ior preventing, by jnjunc- where in the United States, that it shall be .operative wherever 1ion, the unauthorized performance of plays. It would, there- served, and upon that person wherever he may go, .and_that the fore, seem that the right to perform -a play was thus perfectly "Court o-r the judge in any circuit anywhere in the United States protected. · _ may enfo:rce it. Th-e bill-does .not r-eqnire:any indorsement by the But the law does not protect this class of property. There is judge. nnder the copyright law no real protection against the unlawful :Mr. CUMMINGS. W-ell, that iB _practically the same thing- performance of a play. An injunction obtained against the probably a little better. unwarranted performance of a play is of comparatively limited .. Mr.. RAY. But it does not requi:r.e any indorsement. value. A man who steals a valuable play can sell a copy f.or a J.ir. CUMMINGS. But it leaves it in thepowerQf-the judge to few dollars, or perform it every night for months in practical enforce the injunction or not to enforce it, cand that is the point I immunity from arrest, nne, -or imprisonment. "):here are innu- am getting at. Here~ for instanee, is a man who .spends $10,000 merable companies in all parts of the conntry·engaged at all times for .a play, which is .:produced in :the city of New York. It is a .in the unlawful·performance of plays to whi-ch they have no legal failure. He loses his $10,000. lie piCks his 1lint and tries .again . .-or moral right. The theft of successful new playfl and the sale of He spends $15,000 more for a second play, and that also -proves a -stolen copies of the manuscripts have become axegwarly-organized failure, .and his money vanishes. Fin.ally, after repeated e.ffo:rts, business. There is one firm in Chicago alone that advertjses >the he procures a play that is a great success. It is bringin_g .in money , - manuscripts of hundreds of plays t-o not one of wllich it has any . ,emmgh to more thaniepay himior all the loeses he has incurred. right whatever.. . Now,thBmoment that play is snacessfnl, ten or a .dozen or per~ These stolen plays are performed by irresponsible parties with- haps twenty pirates seize it. They send their stenographers into . 'Ontmeans,localhabitation,orreputation. Aninjnnctionobtained tbe theater to eopy the words. They can buy them, if they wish, in one Federal district is inoperative in any oth€r, and by crossing from :a eompany ,organized in C.hleago, wlli~h ·sends its stenogra _an imaginary .line the person conducting the unlawfu1 :perform- phers and its musicians to steal wm:ds -or music. Next, these !ben BDCe may defy the United States law and continue to perform the -or twenty -piratical companies spread themselves all over the play until its commercial value is completely destroyed. Entire Un1on. They do not ·give the play as it was written by the author. -sections of the country, East, West. North, and South, are n-ow so It may -req:ai.I'e thirty or forty performers to present it properly· ·Overrun with these unlawful J>rodueers -of -plays 'that reputable but ~hey .mangle and mutilate it so that it can be-performed by companiesarecompletelydebarredfromenterin~them. ·Thelocal lialf a· dozen people. They .damage irretriev-ably the :property managers and own-ers -of thooters are nowhere m sympathy with owned by the-author, or by the man who put up themon-eyto p~·o these unlawful producers of plays, but it has now become almost duce it .originally. The anthor -received his copyright from the impossible for them to detect a fraudulent production when eon- United States., and the th-eft 'Of his play is a .robbery-ofbis-brains. tracting for "PBrformances in their houses. Yet he Temains unprot~ted. The Government virtually receives No man ean d-efend this great wrong. Look at it more closely. hls money under false pretenses. If the thief was at the South T.he man who is Tobbed of the work of his intellect is told to go to :and stole a hog, he would -probably·be sh"Ot or han.goo, but he can the courts. He goes to the circuit court in the district where the steal the product of another man's brain -and -be virtually pro- play is being p-roduced and gets an injunction. The pirate skips tected by defective laws. . . in~ another c~e~it a~d displays :l;is stolen. .goo~s . . !ffollowed lt.l.r.f?TEW.ART.o~NewJe!sey~ Thepenaltiesofthe~bill-apply Wlth a second mJunction he goes mto a th1:rd mrcmt., and the to musical compoSltions publiclyplayed ·.orperformed, e1therwith chase c?ntinues. The o~er of th~ copyright ~ght ·~pend all his orwithout hire.. Take a m~cal ballad, fox instance, that is sung profits if he has .any, and if no~ m1ght spe~d hiS entire fort~, upon the stree~ by boys an~ fPIIs, or "P;t.a.Y~ upon an organ with- before he could secure a conviction of the thief. out compensation, the -proV1s1ons of .this bill w-ould .apply to that I know of one ease myself. One of McKee Rankin's plays was would they not; And if -so, ought there not to be an amendment t~ being pirated in Denver. It was being performed in the opexa. except such cases? · llouse there. I say "performed "-I should say "butchered." Mr. CUMlHNGS. 1 will say to my friend tllat the author of a "fi~ owner went before the judge. He secured an injunction :popular ballad is always too glad to hav-e it sung upon the streets .agamst the performance, and the man who was running the Show or ~y£<1. by a hnrdy-gurdy., because that brings it jnto "PUblic promptly turned the oompany over to another ¢!"ate, and that notice.. . - . (Bentleman produced t~e play in that v.ery opera house in that Mr. STEWART of New Jersey. That is n·ue as a matter of . , 88 CONGRESSIONAL RECORD-HOUSE. DECEMBER 1~, sentiment, but does..not this bill apply to cases where ballads are are presented for benevolent or charitable purposes no penalty sung publicly in t~.at way? shall attach. Mr. CUMMINGS. I think not. I have not examined it care Mr. RAY. If we are to recognize the fact that these copy -fully. It is not the bill that I introduced. It is the one that the rights belong to the authors of the compositions, then, having Senate has passed. There may be a slight diffm;ence. recognized this species of property, should it be any defense for :Mr. STEWART of New Jersey. With the gentleman's permis any :person who may steal such property to say that he stole itfor sion, I will offer an amendment to meet that case. chantable purposes? Mr. CUMMINGS. I have no objection to an amendment for Mr. HULICK. Not at all. the specific purpose the gentleman suggests. Does he mean where Mr. RAY. If I steal your potatoes, should it be any defense these ballads are sung on the street, or where they are sung in a that I stole them to give them to the poor, and did give them to theater or an opera house, but not for hire? . the poor, or gave them to a church fair or to some other charitable Mr. STEWART of New Jersey. Under this bill boys and girls object? singing popular ballads on the street would be liable to the pen Mr. HULICK. Certainly not. But if a church or a charitabie al ties provided in the bill. institution should produce a musical representation protected by Mr. CONNOLLY. In the eighth line the bill provides that the copyright, it should be a defense, if they are indicted or prose penalty shall apply only where the composition is produced with cuted for a violation of the law, that the act was not done for per· out the consent of the proprietor. Now, if these compositions are sonal gain, but for a charitable purpose. / offered for sale, the consent of the proprietor is implied. .Mr. RAY. There would not be any profit to me if I stole your Mr. CUMMINGS. I have no objection to an amendment such potatoes and gave them to the poor. as the gentleman from New Jersey suggests, although I think it Mr. HULICK. Very true. entirely unnecessary. Mr. RAY. I would not do it for -profit. Mr. STEWART of New Jersey. Then I will-offer it. Mr. HULICK. I think the gentleman does not comprehend the The SPEAKER pro tempore. The Chair would say to the gen force of this amendment. It does not propose to authorize any tleman from New Jersey that there is one amendment already charitable or religious organization to infringe upon any legal pending. right, but it provides-- . · Mr. STEWART of Ne:w Jersey. Then I will withhold mine Mr. RAY. It simply proposes to recognize in this bill the prin• until that one is disposed of. ciple that, if any church or charitable organization, for the pur :Mr. CUMMINGS. I will say, Mr. Speaker, that I do not think poses of pleasure or entertainment, should find it convenient to such an amendment is necessary, because I do not think any steal the property of a dramatic or musical author, they may do trouble will ever arise in the cases the gentleman from New Jersey so at will, and the act shall not be regarded a-s unlawful. mentions. I know that when it is desired to perform "The Bank Mr. HULICK. I only gave way for the gentleman to ask a. er's Daughter,'~ or any other play at a church festival, the per question. mission of the author is always given; in fact, the author is glad Mr. STEWART of New Jersey. I wish to call the attention of to give such permission, because it makes his composition more the gentleman from Ohio [Mr. HULICK] to a point which may ob popular, and thereby enhances its value. Finally, Mr. Speaker, I viate some of this discussion. At line 14 of this bill I find the say that it is a disgrace to the Congress of the United States to words "if the unlawful performance and representation be will have the dramatic authors and the musical-composers of this ful and for profit." -Now, if church organizations did not do the country coming here year after year praying for relief and asking thing for profit, their defense would be complete under the bill as simple justice for the protection of their property-such protection it stands. as you give to cabinetmakers, machinists, and breeders of razor Mr. HULICK. If they gave a performance for profit, of course backed hogs. [Applause.] the act would be willful. But the performance might not be for [Here the hammer fell.] · profit. My amendment does not propose to license religious or Mr. HULICK; - Mr. Speaker, in offering the amendment which charitable organizations to make these representations, but it sim has been submitted to the House, I think that in the bill as it ply contemplates that if there should be an attempt to prosecute now stands the penalties are entirely too severe. · The bill makes them they may exempt themselves from punishment by making no exceptions in favor of any pe1·sons or any company that may the defense that the performance was for a charitable or benevo pl'esent any copyrighted musicalor dramatic composition. Upon lent purpose. But this provision would not interfere with the furtl;ter consideration, however, and with the consent of the chair power of the courts to enjoin any such association from making man of the committee, I will withdraw the amendment I have a musical or other representation. The bm fully provides against offered and offer instead that which I send to the desk. infringements of copyrights by injunctions and power to punish The-Clerk read as follows: as for contempt for disregarding the orders of the court. Insert after the word "year," in line 17, the following: Mr. QUIGG. Will the gentleman allow me a moment? There "Provided, That if said performance and representation shall be for char are a number of dramatic companies organized, as the gentleman itable or benevolent purposes, it shall be a good defense to any prosecution is doubtless aware, for the purpose of cooperating with churches under this act." and charitable institutions, and which go to church and charita- Mr. HULICK. Only a word in support of this amendment. I ble organizations offering to give a performance for a division of had the honor to be a member of the Committee ·on Patents in the profits. Now-- the Fifty-third Congress when a bill of this character in regard to Mr. HULICK. That would not be a good defense. It would dramatic performances was considered by that committee. I be in that case a performance for profit, and would be subject to sympathize with the friends of this measure in the efforts they the penalties provided in the act. are making to protect the dramatic copyrights, and I think the Mr. QUIGG. But if you put in that amendment, would it not law should operate very ~everely upon persons who may )Villfully allow this proceeding? infringe upon such rights. Mr. HULICK. No; I think not. I do not intend it in that way. Mr. CUMMINGS. Will the gentleman allow me one question? I think the amendment is clearly not susceptible of that construc Mr. HULICK. Certainly. tion. Mr. CUMMINGS. If it is wrong to rob a man at all, is it not I sympathize with the purposes of the bill, and agree that these wrong to rob him through the operations of a church? For that parties ought to be protected. But at the same time I think it is adding hypocrisy to theft. [Lau~hter.] · would be a great hardship if the strict letter of this law were ap Mr. HULICK. I can not agree w1th my friend at all in hjs con plied in many cases which wouldreadilypresentthemselves to any clusion. I think that the authors of these d17.matic compositions gentleman who gives it a moment's thought. Many of these per the parties who have an interest in these representations and who formances, as gentlemen are aware, in remote country districts would undoubtedly be greatly benefited-;-should do for the church are gotten up on the spur of the moment by people who do not as much at least as my amendment contemplates, and the parties understand these rights, who have not examined the statutes in presenting the play or musical concerts should not be subject to reference to the matter; and these musical and cb-amatic perform fine and imprisonment. ancesareinauguratedperhapsforacharitablepurposeandforchar· Mr. CUMMINGS. They have never refused it, my friend. ity alone. Now, in such cases, if these persons so engaging in such Mr. HULICK. Very well; then it should not be assumed-that performances shall be arrested for a violation of the law, th!;l they will in any case withhold their consent to this amendment. amendment provides that it will be a proper defense to say that it Mr. CUMMINGS. All that need be done by any. church or was not the intention to violate the statute or to rob anybody of charitable organization desiring to perform a copyrighted piece his right, using the language of my friend from New York [Mr. is to ask permission of itsauthor; suchpermissionisalwaysgladly CUMMINGS], but merely a defense against prosecution under the granted. I defy the gentleman to show one case where it has ever bill because it was not a performance undertaken for profit. But been refused. it would not be a defense against the injunction of the court or Mr. HULICK. I have no doubt that the authors of composi against the party undertaking to give such performance if the tions of this class are as generous as my friend from New York amendment is adopted.- I do not understand .that would be its claims that they are; and I have no doubt they. would cheerfully effect. I simply .want to protect, in such cases, entirely innocen'l; assent to this amendment, so that where any of these productionS people engaged for a charitable purpose, or perhaps members of a . 1896. CONGRESSIONAL RECORD-HOUSE. 89 benevoient orga.nization, if by chance they should present a play right to begin with, on paying the necessary fee and filing the or musical programme of a character which would come within the title-page. · provisions of this bill, so that the defense might be set up in a Mr. CUMMINGS. Then you mean to tell me that our Lord criminal prosecution that it was not intended for profit to them and Saviour Jesus Christ pirated the Golden Rule because some selves individually, but only for benevolent or charitable objects. Brahmin promulgated it hundreds of years before He did? The gentleman from New York [Mr. QUIGG] tells us that the Mr. LACEY. Not at all. He took out no patent upon it. Be bill does not contemplate prosecutions in cases contemplated by side that, if He had taken out a patent on the Golden Rule, under this amendment. I can not agree with him. There is no excep this law it would have done Him no good. tion in the bill. He says no prosecutions would ever be made Mr. CONNOLLY. No one uses it anyway. [Laughter.] under the bill as it is. That may be true; nevertheless I think we Mr. LACEY. My friend now proposes that if the Golden Rule should not make it possible for such prosecutions to be had, and should be incorporated into a play by McKee Rankin it would be I therefore offered this amendment. a copyrighted article, and that that particular combination of Mr. DRAPER. Mr. Speaker, it seems to me that the amend words, with the Golden Rule inserted in a particular connection, ment is unnecessary, and I hope it will not be adopted. I ask a if copy1ighted, could not be afterwards used in that particular vote. form. It seems to me the vice of this bill is that it makes an of The question was taken on the amendment of Mr. HuLICK, and fense, for which a man may be sentenced to jail for a year, simply it was rejected. for performing in public a thing which may have already been Mr. STEWART of New Jersey. I withdraw my offer of an practically pirate9, by the copyrighting party himself. It is an amendment. extreme law,a law that is unnecessary. I grant you, Mr. Speaker, Mr. LACEY. I offer the amendment I send to the desk. that there is good reason for enlarging the law so as to take in The Clerk read as follows: musical compositions. I concede that it would be well to enlarge Strike out all after the word "just," in line U, on page 1 of the bill, down the law as to the practice, so that the injunctions which are to the word "any," in line 17 of the bill, and insert: granted in the city of New York may be enforced through appro ' The printing, publication, and sale of such dramatic or musical composi priate channels in Denver and in other places; but to make a crime tion by the proprietor thereof shall be deemed a sufficient consent to the out of the violation of a copyright is an extreme application of the public performance or representation thereof. ~ ' law which it seems to me is utterly unjustifiable and unnecessary. Mr. LACEY. Now, Mr. Speaker, a brief explanation of the We do not authorize it in the infringement of patents. amendment. Mr. QUIGG. Would it not be the effect of your amendment I think this bill has been drawn in a much more drastic man that if I wrote a song and copyrighted and published it-- ner than the House really understands it. Take one of our ordi Mr. LACEY. And sold it. nary popular songs; it is copyrighted and sold; it may under this Mr. QUIGG. Andsold it, that anybody could publicly perform bill be sung in the private parlor, or perhaps sung on the street-s, u~~w · but if any troupe of performers should wish to introduce the song Mr. LACEY. Certainly. Ifyoudonotwanttomakeitpublic on the stage in connection with its performance and publicly ren in that way, you must not sell it. When you once sell it, the der such composition, such troupe becomes at once ~ubject to the right to use it passes with the sale, just the same as with any penalties of this statute. It seems to me that the act should not other patented article1 and it should go with the sale. be drawn in that severe form. Mr. QUIGG. The nght to use it to the extent of making money There is no reason, as far as I am able to understand, why a per out of it? son who writes a popular song, sets it to music, prints and copy- Mr. LACEY. The right to use it to any extent whatever; that rights it, and publicly sells that music and song ~:~hould still retam when it is copyrighted, and you pay an additional price for the the right to say where it shall be used, and have the privilege of copyrighted article, the right to use it should go with it. punishing anybody for using it in public without his consent. For Mr. COX. Will the gentleman yield to me, so I can get some that reas·on I think the modification I have offered should be incor information about this matter? porated in the bill. Mr. LACEY. I yield to the gentleman from Tennessee. Mr. QUIGG. If the gentleman will allow me, is it not a part Mr. COX. What kind of power do you invoke for the enforce·· of his property? Suppose I am the author of a song, and make so ment of this law when it is violated? mnch money, on a percentage basis, on each copy of the song sold, Mr. LACEY. The present law requires that the party holding is not the song my property for still another profitable purpose? the copyright shall protect himself in his civil rights by a civil Suppose, for instance, that I should sell to my colleague from New pro~eeding in the courts, just the same as if he had a patented York [Mr. CuMMINGS]-whoforthepurposeofthisillustrationmay article. This bill proposes to go further. It proposes that you be described as a popular conc~rt-hallsinger-the exclusive right may go into the courts and file informations or obtain indictments to sing that song publicly and for profit. Now, if anybody else, and punish as a crime the use of a copyrighted article. It is a another clever performer, comes along and duplicates the per very extreme measure, it seems to me; one which has evidently formance which his genius has created, am I not robbed and is he been drawn up by some lawyer, specially· employed by parties not robbed? Does not your amendment take from us an obvious holding such copyrights, in an endeavor to make it so strong that property right? · the whole power of the Federal Government in its criminal capac Mr. LACEY. In other words, it is as if a man who patents and ity can be invoked and the cost of disputes of this character sad sells a sewing machine should ask us to make it a penitentiary dled upon the Government by making a new statutory crime. offense for the young woman, the sewing girl, to use the machine. :Mr. 8TEWART of New Jersey. Does not the putting of these Mr. QUIGG. Oh, no; that is not .at all a parallel case. · ballads on sale for profit work a dedication or abandonment to the Mr. LACEY. The point I make is that when the song or dra public as a matter of law? matic performance has been once copyrighted, published, and Mr. LACEY. It will if my amendment is adopted. sold it becomes a public article just as much as any other article Mr. STEWART of New Jersey. Even without the amendment, that is sold. The right passes from the originator to the purchaser would it not be an abandonment of the property as a pure ques- of the article, and when a man purchases such an article he should tion of law? · have the right to use it in public or in private as he pleases. In Mr. LACEY. Unquestionably; and yet the law is drawn in other words, a man should not be permitted to sell his property such a way as that it would probably have no effect. and keep it at the same time. Mr. COX. He wants to sell it more than once. Mr. QUIGG. I am afraid my friend from Iowa [Mr. LACEY] Mr. QUIGG. Mr. Speaker, the gentleman from Iowa in offer does not understand how these songs are used. ing his amendment says that this bill is drawn up in a severe form. Mr. LACEY. I think I understand. The songs are used in That unquestionably is true. But he should consider that the various ways. A song may be incorporated into a variety show sort of property which we are seeking to protect in this bi11 is very and become one of the principal parts of the show. easily stolen, and that laws which avail to render other forms of Mr. QUIGG. Precisely. property safe from spoliation are of no service with this kind; and Mr. LACEY. And by so doing they will copyright the entire so the law, if it is going to accomplish anything, must be severer performance, and thus prevent the use of it after selling it to the than one which applies in the case of an ordinary piece of property public. that has to be physically picked up and carried off and appropriated Mr. QUIGG. Oh, no; you can not do that. in some easily observed way in order to constitute a theft. This Mr. LACEY. Again, too much stress is put upon the brains of is literary property, and we are seeking in this bill to protect the these inventions. Nine-tenths of all these copyrighted plays are author of it in all the rights that ought to accrue to him on pirated in the first place. That is, the first pirate is the man who account of his production. copyrights the play. He gathers his material from a thousand Now, one of these rights the gentleman from Iowa seeks to de older sources. He makes it original simply by incorporating it stroy by this amendment, and that is the -right to control any into a play, and he can copyright it without any proof of orig production of it, any use of it, out of which the user proposes .to inality. He does not have to go into the Patent Office and prove make money. When I copyright a .song, if it is meritorious, the originality, as a man does who wishes to procure a patent upon a first and most profitable use to which I can put it is to hand it piece of machinery, but a copyright is granted as a matter of over to a clever actor and singer, so that he can act it and sing it 90 tJONGRESSION.A1 REOORD-HOUBE. DEOEl\fBER 10, into :popularity. I w.ould not make .a dollar nn the publication of · can stqp :this piracy by everybody everywhere you have not what mightoe a very clever song unless it was cleverly in.troduced drawn it strictly enough to protect anybody anywhere. ..on the stage by .somebody who .knew .how to fasten pn..blic :atten- .Mr. HULICK. Is not the r-emedy by injunction sufficient to tion upon it. Does the gantlemanfromi.owa mean to say that I .stop all p.iracy .of such productions? shall not have that right, or that I .shall not be ,proteated in that .Mr. QUIGG. Of course not. What good has it ever done? ..right? His amendment destroys that .rigb.t absolutely_, and yet he .1fr. HULICK. 'There is the power of the court to enjoin, and must sefZ that there would be no profit to any publisher of any to enfol'ce its ordel's, by fine and imprisonment, against any per song in tbe sale of it unless :first he .could demonstrate to the pub- ·son who violates the law or is guilty of contempt of court. lie that it was a clever thing. T.he people won1d not lrn..ow of its Mr. QUIGG. PTecisely; but the gentleman knows that the existence otherwise. .Every ·one _of the songs for whiCh there has -piracy never is stopped in that way. heen a popular sale has been introduced to the pubHc by some :Mr. COOPER of Wisconsin. Mr. Speaker, I -desire to say a clever performer., who has taught to th'B public the fact of its at- word or two in reply to the gentleman from Iowa rM.r. LACEY], :tractive tune or amusing wor.ds" and then everybody wants it. .and also .in .reply to the .gentleman from Ohio [Mr. HULICK] who You destroy b.is most profitable right .in his production. Mor.e- has just taken his seat. With all due 1·espect to them, it seems 1896. ·CONGRESSIONAL RECORD-HOUSE .. 91 The gentleman from New York made another valuable sugg~s mittees of conference on the disagreeing votes of the two Houses tion-that the owner of a copyright might ~ot want tor ar~ With on the amendments of the Senate t.o bills of the following titles: his rights in such a way~s to allow the prormscu-ou~ J?roduction_ of A bill (H. R. 4354) granting a pension to Mrs. Mary Gould _ his work; he might be unwilling to .allow the rendition ?r the In Carr, widow of the late Brig. and Bvp. Maj. Gen. Joseph B. Carr, terpretation of his composition by every bungler who might hap United States Volunteers, deceased; and pen to get hold of it. Take the ca~e of the owner of a song-for A bill (H. R. 2604:) to increase the pension of Cai·oline .A .'Hough, instance, the song ''Lorena," pubhshe_d so~e ye~us ago,_the. com widow of Brig. Gen. John Hough. position of .atpoor man who at that time lived ill my district-a ORDER OF BUSINESS. genius, if ever there was one. He wrote ~e song, and a ~rot many thousands of dollars were made out of It. But he ougnt to have The SPEAKER. The Clerk will proceed with the call of the committees. bad the right, after obtaining his copyrig?t,. to 'Wit~hold th3:t The Committee on Invalid Pensions was calle~ song from pubUc sale, ~nd to ~ve ~ an artist ill the Clty of C¥ :Mr. PICKLER. 1\Ir. Speaker, I would like to inquire whether cago, for instance, the nght tosmgit on the stage th~e~ No~oay else would have the right to sing a word of that song m public, so any bill that embodies a charge upon the Government could come long as the exclusive right had been given by the author to that up in this hom·. under the call? singer. . The SPEAKER. It would not be admissible under the rule. Mr. CUMMINGS. Will the gentleman allow me a remark Mr. PICKLE.R. I think WB have no bills on the .House Calen dar. I therefore ask unanimous consent that we might have an right there? The song, '' :M~e, come kiss your hon~y boy," sung by May Irwin, has 'brought to Its author, as I 1-ead -m the news- hour to take up bills on the Private Calendar reported from the papers, $50,000 in the form of royalties. . Committee on Invalid Pensions. Mr. COOPER of Wisconsin. Exa-ctly. In thatwayasongmay The SPEAKER. The Chair thinks that it would scarcely be in be sung into reputation and popularity all ove! the United_ States. ·order to make the request at this time. It has not been the custom But if the owner of the copyright of a song wishes to sel11t to the heretofore to interrupt the call of committees for requests for music dealers in Chicago, in-California, North and South Dakota, unanimous consent. The Chair has exercised that discretion thus North Carolina and all the other States, then anyone who buys far in regard to it, and thinks that it would interrupt the bus~ess. the song from ~ny one of those dealers buys it with the -c.onsent of Mr. PICKLER. I will not press the matter. the -owner of the copyright to the public or private per!m;ma~ce The SPEAKER. The Clerk will proceed with the call of com of the composition for profit or without profit. The distinctiOn mittees. which has been made seems to me to be perfectly good. And there The Committee on Priva.te Land Claims was called. is no necessity whatever for the amendment of the gentleman from Mr. SMITH of Dlinois. Mr. Speak.er, I desire to call up from Iowa. the Committee on Private Land Claims the bill (H. R. 4603) to con Mr. DRAPER. Mr. Speaker, it seems to me that this matter is fer jurisdiction on the Court of Private Land Claims to try and fully understood. I hope the amendment will not prevail. ·I ask determine a title. for a vote. · The bill was read at length. Mr. LACEY. I ask for a division of the question upon my Mr. PAYNE. I make the point of order that this bill is not in amendmei)t. The amendment embraces two propositions-first, order under this rule. · to strike out that ;part of tp.e bill which proposes to J?ake the The SPEAKER. This bill, the Chair has just been informed, unlawful performance or representation of any dJ.:ama"?c or mu is on the Private Calendar, and could not come up under the call. sical composition a misdemeanor punishable by rmpnsonment. Mr. SMITH of illinois. This call was made just as I came into The amendment further pr~poses to insert ne'?" ~nage in place the Hall, and I dtd not know exactly what it was. I withdraw of that which I move to strike out. I ask a dlv1s10n of the ques the bill. tion, so that members may have an opportunity to vote as an inde- The SPEAKER. The Clerk will proceed with the n~:xt com . J>endent proposition on the motion to strike out. mittee.· The SPEAKER pro tempore. The first part of the amendment The Committee on Revision of the Laws was called. will be read. Mr. .BOWERS. Mr. Speaker, I call up the bill (H. R. 2782) to The Clerk read as follows: eodify and arrange the laws relating to pe~ons. . . . . If :Pcould be permitted a moment explam the bill before It IS Strike out ·all after the word "just," in line 14, down to arl.d _inc1uding the to word '' year ""in line 17 the-part proposed to be struck out bemg as follows: Tead-- 'If the uniawful p err'ormance and represen~on be willful and for pro~t, The SPEAKER~ The Chair will call the gentleman's attention such person or persons shall be guilty of a. miSde.m.eanor, and, upon conVlc to the fad.that this bill is not on the House Calendar, and is not :tion, be imprisoned for a pel'iod not exceeding one year." _subject to be called up under the rule. The question being taken, the motion was rej~cted; there being M-r. BOWERS. It is on page 4 of the Cal.en.dar. ayes 9, noes 52. The SPEAKER. That is the Calendar of the Whole Honse on The SPE.AKER pro tempore. The question is now on the the .state of the Union. This is a -call of eommit~s, on wh~ch second branch of the amendment of the gentleman from Iowa, call bills can be presented at the request of comnnttees which which the Clerk will read. are .on the House Calendar only. The Clerk read as follows: Mr. BOWERS. Is it not entitled to be on the House Calendar? Insert after the word "just," in line 14, the followi~: . . . The SPEAKER. But it is not on the Calendar; .thatisihepoint. "The printtng, ;publication, and sale-of su.ch dra~tic or mustcal com~l- .Mr. DOCKERY. Does it appropriate any money? tion by t.he propnetor thereof shall be deemed ·Suffi.Clent consent to the public performance or r~presentatinn thereof." Mr. "BOWERS. No; it does not. "The question being taken, the amendment was rejected; there The SPEAKER. The Chair thinks the House is entitled to being-ayes 10, noes 52. . know what bills are liable to come up under this committee call, Mr. CONNOLLY rose. . . and that the requirement that it should be on tb.e Hou~e 9aJendar The SPEAKER. Has the gP.ntleman from Massachusetts de is twofold: First that it shall not carry an appropnat10n, and manded the previous question? second that it ~11 give notice to the House that it is in that con dition.' The question whether it ought to be changed to the other Mr. DRAPER~ I have not. ThB gentleman fl'om illinois [Mr. ·COID\OLLY] has an amendmenttowbichthe -committee will agl'ee. Calendar or not would make no difference, as the gentleman will The SPEAKER. The amendment which the gentleman from at once see, in that regard. Dlinois has sent up to the desk will be rea~ Mr. BOWERS. It carries no appropriation, but .simply codi The Clerk read as follows: fies the laws. The SPEAKER. Then some proeeed:ing may be taken at an • Amend by "inserting after the word" granted;H in line !1..7, the words "upon hearing, after notice to the defendant." -other time to have it put on the proper Calendar. It can be called up in the next call of the committee. The question being taken, Mr. BOWERS Would it be' proper tomovethatit be placed on The SPEAKER. Th~ noes seem to havB it. the H-ouse Calendar? Mr. CONNOLLY. I ask for a division. The-chairman of the The SPEAKER. Not for action to-day. It would not be in committee is content with this amendment, I und-erstand. order whil.e this can is progressing. Later <>n the Chair will ex The question being again taken, there were-ayes 43, noes 22. amine the bill, and if the proper motion is made we will be glad So the amendment was agreed to. to assist the gentleman. It can be brought up then on another Mr. DRAPER. I now move the previous question. call. . The previous question was ordered; and under the .operation The Clerk will proceed with the call of committees. thereof the bill was -ordered to a. third reading, read the third The Committee on Alcoholic Liquor Traffic was .called. time, and passed. . . . ·On motion -of .Mr. DRAPER, a motion to recons1der the las1i SALE OF INTOXICATING LIQUORS IN THE DISTRICT OF COLUMBIA. vote was laid on the liable. 1\Ir. MORSE. Mr. Speaker; I present for the consideration of MESSA-GE FR.Ol'il THE SENATE. the House the bill (H. R. 1888) to further amend an act entitled '-'An act regulating the sale of intoxicating liquors in the District A message from the Senate, by Mr. PLATT, onB of its ·clerks, of Columbia," approved the 3d day of March, A. D. 1893~ and ask announced that the Senate had agreed to the reports of the com- its immediate consideration. 92 CONGRESSIONAL RECORD-HOUSE. DECEMBER 10, The bill was read, as follows: "That any person assisting in or aiding and abetting the violation of any of Be it enacted, etc., That an act entitled "An act regulating the sale of the provisions of this act shall be guilty of a misdemeanor, and on conviction intoxicating liquors in the District of Columbia," approved March 3, A. D. thereof shall be fined not less than $50 nor more than $100, or be imprisoned 1893 be and the same is hereby further amended as follows: in the District Jail or workhouse for not more than one month for each and · ~e~d the first section of said act by striking out the words "nor to sales every such offense: Prcwided, That nothing in this section shall apply to wit- by the maker, brewer, or distiller thereof not to be drunk on the premises;" nesses auainst the violation of any of tqe provisons of this act." · so that the section as amended shall read: Amena section 15 of said act by substituting the words "of two witnesses" "That no person shall sell, offer for sale, or keep for sale or traffic in, for the words "satisfactory to either of them;" so that the section as amended barter or exchange for goods, in the District of Columbia, any intoxicating shall read: liquor' except as hereinafter provided; but this shall not apply to sales made "That prosecutions for violations of the provisions of this act shall be on yy a person under a provision of law requiring him to sell personal property. information filed in the police court by the attorDey of the District of Colum bia or any of his assistants dul~ authorized to act for him, and said attorney Wherever the term ' intoxicating liquors.' is used in this act it shall be deemed or his assistants shall file such mformation upon the presentation to him or to include whisky, brandy, rum, gm, wme, ale, porter, beer, and all other his assistants of sworn information of two witnesses that the law has been fermented and distilled liquors." violated." . Amend section 2 of said act by inserting immediately after the words "the action of said board shall be final and conclusive" the words "as to facts. Amend section 16 of said act by striking out the words "between the near Questions of law may be appealed to the supreme court of the District of est entrance to each by the shortest course of travel" and inserting instead Columbia either by the apphcant or any contestant of record;" so that the the words "by the shortest line; " also by striking out the words " at the date section as amended shall read: · of the said act or" where they occur; so that the section as amended shall "That there shall be, and thElre is hereby, constituted an excise board for the read: District of Columbia, which shall consist of the board of assistant assessors of "That license for any·of the purposes specified in any section of said act the District and the duty of which shall be to take up and consider allappli shall not be granted to any person to conduct such business within 400 feet of a public schoolh~use, private school, or house ~f religious worship, measure? cationsfor license to sell intoxicating liquors and take action o_n-suchapplica· by the shortest line between such pla·ce of bu.smess and any schoolhouse. pri tions· and the action of said board shall be final and conclUSive as to facts. vate school, or house of religious worship, except in such places of business Questions of law may be appealed to the supreme court of the District of Co as were located and licensed previous to the erection or occupation of such lumbia either by the applicant or by any contestant of record," etc. schoolhouse, private school, or place of religious worship: Provided," etc. Amend section 5of said act by striking out the words "and has an e~trance thereon·" also by inserting immediately after "streets" next followmg the And amend section 19 of said act by striking out the words "under 16 years words "'and on the corner diagon~lly opposite such barroom;" _also by su~ of age;" also by strikin~ out the words "Provided, That the excise bo~rd may in its discretion per:J?It t~e ~laying of such game~, except ~3:r4s, m dulr, stituting "building" for "place., m the two places next followmg where It licensed places," and mserting mstead the words "orm any adJommg roo!ll; ' occurs· also by striking out from the words" every place" to the words also by striking out the word "further" after "Provided" next followmg; "mak~ the place a barroom," both inclusive; also by striking: out !rom the so that the section as amended shall read: words "and provided further" t? ~he words " refere~;e to the~ written co_n sent "both inclusive; also by striking out the words · but until such 9onviC· "'l'hat no licensee under a barroom license shall employ~ or permit to be tion such licensee's license shall not be revoked or taken a way from him,, at e~ployed, or allo~ al?-y female ?r mi;nor.or person convictea ~f crime to sell, the end of the section; so that said section as amended shall read: give, furnish, or distribute any mtoncatmg drmks or any admiXture thereof, "That in the cities of Washington and Georgetown it shall.be the dutr. of ale, wine, or beer, to any person or persons, nor permit the playing of pool, every applicant for a barroom license to present to the exCISe board With or billiards, or other games in the room where such liquors are sold, _or in any adjoining room: Provided, That no licensee in any place shall knowmgly ~ell his application the written permission of a majority of the perso~s owning or permit to be sold in his establishment any intoxicating liquor of any kmd real estate and a majority of the residents keeping house on the s1d~ of ~he to any person under the age of 2.1 years, under the penalty, u:py the owner or lessee of such hotel or tavern: Pro trictof Columbia." . vidPd further, That upon a conviction of such ~cens~ of keeping a disorderly On page 8, strike out from line 3 to line 18, inclusive. or disreputable place it shall be the duty of said exCise board to reveke such licensee's license." " Mr. MORSE. Mr. Speaker, I desire to say to the House that the Amend section 6 of said act by strikin~ out t~e w~rds ab?ve ag~ of 16 years·" also by inserting at the end and m contmuatwn of said sectiOn the bill which has been read from the Clerk's desk is in no sense ·a follo~ng: "And provided further, That phe interior of everr plal?e wh~re prohibitory bill. The existing law contains very serious defects. intoxicating liquors are sold shall at all time_s be exposeq to I.ul:l VI~W fro!ll Gentlemen are aware that the Commissioners of the District of the street except in the case of a hotel havmg an mterwr dmmg room, m Columbia have recently called attention to some of the3e very which c.as~ there shall be a fnll view of the interior from the public halls;" so that said section as ameJ?.ded s~all read: . . . . . radical defects. · The changes which are proposed by this bill. are "That nnder the license l.SSUt}d m accorda:nce With thiS act nc;> mton~tm~ to some extent changes recommended by the Commissione1·s of liquors shall be sold, given, or m any way diSposed of to any mmor ~:r I;ntoxi the District of Columbia. I say it is in no sense a ·prohibitory cated person nor to an habitual drunkard, nor to any person who IS m the habit of becbming intoxicated, if such peraon's wife, mother, or daughter bill. · The defects which this bill proposes to remedy have been shall in writing request that the saloc;m ke~par shall not s~ll to su~h pers~m, developed since the passage of the existing law, in an attempt to or between 12 o'clock midnight and 4 o'clock m the mormng, durmg which enforce that law. I desire to say further that all sh{tdes of opin last-named hours and on Sundays every barroom and .othet: pll'!-ce ~here intoxi ~ating liquors are sold shall be kept closed and no I~tonc_atmg liquor ion are represented upon the Committee upon the Alcoholic Liquor ~old: Provided, That the keeper. of any hotel or tavern h!'l-VIng a license ';lfid~r Traffic. We havB friends of prohibition and license and every this act may sell intoxicating liquors to bona fide registered guests m_ his other view of the matter represented upon that committee. We hotel or tavern at the meals or in the t:OO?IS c;>f sue:h g:uests: ~nd provtded had an exhaustive hearing, at which, I think, nearly or quite every fu1·ther That the ~aid excise board may m Its diScretiOn Issue a license to any duly in~orporated club. on. the :petiti9n of the officers o! the club, and that the member of the committee was present, and this . bill is unani said excise board may m Its discretion grant a permit to such club to sell mously reported by the ~o~mittee. ~ will state, a~ ~ spe.cimen of intoxicating liquors to members and guests between such hours as the board the serious defects of eXIstmg law, that a man havmg a license as aforesaid may designate in said per~it:. P.rovidedfurt?~e1·, however, That any licensed dealer may, with the permissiOn of the exCI~e board, _at an_y bc?na a brewer, or the agent of a brewery, may sell st1·ong dr~nk with fide entertainment of any soCiety, club, or co_rporatwn •. sell ~ton~tmg out any license whatever. That was undoubtedly a senous over liquors between such h0urs as the boa:rd af~resaid may designate ~ said yer sight and omission in the drafting of the law as it exists on the mit: And provided ju1·ther, Th~t the mterwr of ~very pl~ce wheremtoncat ing liquors are sold shall at all ti~es be ~xpo~d I~ f~ll VIew frc;>m th~ street, statute book. except in the case of a hotel haVIng an mterwr dinm~ room, In which case I repeat once more, that every gentleman who is a member of there shall be a full view of the interior from the public halls." this House may vote for this bill, if he is in favor of the en!orc:e-. Amend section 8 of said act by iJ?.Sertin~ immediately. after t~e word "prem ises " in the last sentence of said sectiOn, and also rmmediately .after th.e ment of the license law now upon the statute book of the D1stnct phrase "to be drunk where sold," in this sentence, the ~ords "or I~- quanti of Columbia. As an illustration of what I have said about the ties less than 1 pint, whether to be drunk on the premises or not; so that glaring defects in the existing la!Y, w_hic~ is proposed to be rem said sentence shall read, as a~e~ded: . . That" every place where distilled ~alt or ferme~ted Wines, liquor~, or cor edied by one of the amendments m this bill, I desire to send to the dials are sold in ·quantities as prescnbed for r etail dealers by se~twn 1J2¥, Clerk's desk and hav~ read a statement by the Commissiqners of Revised Statutes of the United States, to be drunk upon th~ preilllses, or m the District of Columbia. I think if gentlemen of the Hous_e, quantities less than 1 pint, whether to be drunk on the premiSes or not, shall whatever their individual opinions may be in regard to the liquor be regarded as a barroo~;" etc. . . _ . " , Amend section 13 of said act by msertmg Immediately after ~arty, !Jef?re traffic or its suppression, wjll read the report of the com~ttee "PI·ovi The Clerk read as follows: Mr. POWERS. · I think the gentleman will see on the reading of the amendment that it is not in any sense a prohibitory amendment. [From the report of the Commissioners.] The SPEAKER. Does the gentleman yield? LICENSES AND BREWERIES. Mr. MORSE. I do, sir. There arefom· brew~riesdoi~g business in the Dis~rictof Col!!mbiaand~ne The Clerk read as follows: about to begin operatiOns, besides a score of agencies ~f fvre1gn brewenes e~aged in business here, all of which are exempt from license ta.x by the pro Amend by striking out all after the enacting clause and inserting the fol· visions of section 1 of the act of March 3, 1893, entitled "An act regulating the lowing: sale of intoxicating liquors in the District of Columbia," which makes the law "SECTION 1. On and after March 4,, 1897, no person in the District of Colum inapplicable to sales of intoxicants "by the maker, brewer, or distiller thereof, bia shall, by hhnself, clerk, agent, or servant, sell, furnish, or give away any not to be sold on the premises." This exemption also excepts breweries from intoxicating drinks to any other person at any place other than his own the prohibition a~a.inst Sun~a.y liquor selling. . This d!-scrimination in fav.ol:' of dwelling house. breweries wa.~eVIdently a.~ m~vert~nce, but 1s ~o unJust and so qel!lorahz~g " SEc. 2. Any person, violating the provisions of section 1 of this act shall be in its tendenCies as to require nnmediate correctiOn. The Comnusmoners will punished as follows: For the first offense, a fine of $5()· for a second offense~ recommend to Congress at its present session a bill to effect that object. a fine of $50 and imprisonment in the District Jail for the te:t:m of. sixty day.s; for the third or any subsequent offense, a fine of $100 and 1mpnsonment m Mr. MORSE. Mr. Speaker, if no gentleman desires to be heard, the District Jail for the term of one year. I will move the previous question. "SEc. 3. This act shall take effect upon its passage." Mr:MOODY. I should like to ask the gentleman a question. Mr. MORSE. Mr. Speaker, I hardly think the gentlemanhom The SPEAKER. Does the gentleman yield to his colleague? Vermont is serious in offering this amendment. Whatever may Mr. MORSE. Certainly. be the merit of the proposition of the gentleman it should be pre- Mr. MOODY. On page 7 of your bill there is a provision that sented in a separate bill and disposed of in that way. I hope he no witness shall be excused from testifying in any case brought will not encumber this bill with this amendment. I think that under this act, and that in case he does testify he shall be exempt this is a bill that ought to receive the vote of every member of the from prosecution. Now, I see the committee have proposed an House, because it simplycuresdefectsin the existing law, some at amendment by inserting, after the word "witnesses," the words .least of which are recommended by the District Commissioners. "citizens of the District of Columbia." Is it proposed to establish It is not a prohibitory bill. If we are to have a bill of that char one rule for citizens of the District of Columbia who may happen acter let us have ·it in a separate measure, and let the House pass to be witnesses, and another rule for temporary residents of the this bill that is presented on the recOmmendation of the Commit District of Columbia who may happen to be witnesses? tee on Alcoholic Liquor Traffic, in which, as before stated, there Mr: MORSE. I do not think that is the intention of the com- are representatives of every shade of belief on that question. TJ;lis mittee. is a unanimous report of that committee, as I have already sa1d, Mr. MOODY. That is the effect of this amendment. to cure defects in the existing law, and I hope the House_will not Mr. MORSE. I think the committee will disagree with my encumber it with such an amendment as that offered by the gen- .... colleague in regard to the effect orthe amendment. tleman from Vermont. Mr. MOODY. I should like to have my colleague explain the Mr. POWERS. The gentleman from Massachusetts has reiter- purpos~ of the amendment. . _ - . -ated the statement several times that his bill is not what is ·Mr. MORSE. Well, this bill and these amendments were known as a prohibitory bill. He lives in a State, as well as I do, draw,n by an organization in this city known as the_A~ti-Saloon and other prominent men, including the Speaker of this House, League, and,·as before stated, are amendments to.ex1stmg law to that believes in the principle of prohibition, and that there is no correct _defects developed by their efforts to enforce the law;· and other way of dealing with the liquor traffic but to stamp it out; if my colleague will turn to the report of the remarks of one of and if you want to stamp it out you do notwanttodallywithany these gentlemen in regard to that amendment, he will find a full . license laws; for of all the laws that have ever been invented since ·and satisfactory explanation. There appeared to be at this point the morning and evening stars sang together calculated to permit a loophole which allowed a man to escape from testifying, and it the liquor traffic, it has been the license laws in force in this conn appeared necessary to embody this amendment in the law. try. Now, if you are intent on eradicating this evil, put your foot Mr. MOODY. I will say to the gentleman that I find ·no fault on it and stamp it out. There is no other way. with the amendment which is proposed in the bill, and the fault Mr. MORSE. Mr. Speaker, if I can not get a whole loaf I pre which I have is with the further amendment proposed by the fer a half loaf to no bread; and if I can make the existing law report of the committee, which makes one rule for one who dwells more stringent and curtail the business, preventing liquor from in the District of Columbia and another rule for a ~mporaryresi- being sold to minors in saloons, to stop young women from sell dent of the District of Columbia;· for instance, one rule by which ing drink, and to prevent brewers from keeping a bar without a a member of Congress could claim the privilege of not testifying license, I am in favor of having such amendment made to existing because his testimony might tend to incriminate him, while that law. That which is sought to be attained by the gentleman from !lame privilege would not apply to a man or woman who lived in Vermont can only be accomplished by a prohibitory measm.:e. the District of Columbia. That is wrong. I should like my col- This is a measure of an entirely different character. This is a teague to explain to me why any such discrimination is made. bill that, as I have already said, ought to receive, and I believe Mr. MORSE. I think the committee understood the words will receive, if left without amendment, the vote of nearly every "citizen of the District of Columbia" to mean any man who tern- member of this House who has read the report. I hope the porarilyor permanentlyresides in this city, a member of Congress amendment of the gentleman from Vermont will be voted down. oranybodyelse. AcitizenoftheDistrictof Columbiaisundoubt- The question was taken on the adoption of the amendment edly on a somewhat different basis from citizens of other States offered by Mr. PowERS; and the Speaker announced that the noes and Territories; they do not vote here. I would say for the infor- seemed to have it. mation of the House that we have some learned legal gentlemen Mr. BARRETT. Division. on that committee, one of them the gentleman from New York The House divided; and there were-ayes 11, noes 66. [.Mr. DA,NIELS]; and while I am not a limb of the law myself, I So the amendment was rejected. would put that gentleman against any member of the House as an The SPEAKER. The question is now on the amendments exponent of the law. Ibelievethatgentlemanandtheothermem- offered by the committee. - bers of the committee thought this amendment was all right, and The question was taken; and the amendments recommended by that it would hold water. the committee were agreed to. Mr. MOODY. I should be glad to hear the gentleman from The SPEAKER. The question now is upon the engrossment New York [Mr. DANIELS] explain the purpose of that amendment. and third reading of the bill as amended. I refer to the amendment upon page 7 of the bill, which is referred The question was taken; and the Speaker announced that the to in the report of the committee. ayes seemed to have it. Mr. DANIELS. I have not the bill here. I have no copy of the Mr. MAHANY. Division. bill. The House divided; and there were-ayes 95, noes 15. Mr. MOODY. Then I will not ask you to get one. Mr. MAHANY. . I desire to make the point of no quorum. Mr. MORSE. Then, Mr. Speaker, if there be no further ques- The SPEAKER. The gentleman from New York makes the tions, I demand the previous question. point of no quorum. The Speaker will count the House. [After The SPEAKER. The gentleman from Massachusetts demands counting.] One hundred and fifty-eight gentlemen are present- the previous question, · not a quorum. Mr. POWERS. Mr. Speaker, I desire to offer an amendment. Mr. DINGLEY. I would state to the gentleman from :Massa- The SPEAKER. Does the gentleman yield to. the gentleman chusetts that it is utterly impossible to get a quorum to-night. I from Vermont to offer an amendment? • therefore suggest that be move that the House do now adjourn. Mr. MORSE. I do; but I certainly hope that the distinguished Mr. MORSE. I move, in accordance with the suggestion of the gentleman from Vermont will not offer a prohibitory amendment. chairman of the Committee on Ways and Means, that the House I hope he will seek to accomplish that purpo.se in another bill. do now adjourn. This is a bill which should receive the vote of every member of The motion was agreed to; and accordingly (at 4 o'clock and 7 this House, and is not a p~ohibitory bill. minutes p.m.) the House adjourned. - 94 -CONGRESSIONAL RECORD-HOUSE. DECEMBEB 10, EXECUTIVE COMMUNICATIONS. PUBLIC BILLS AND RESOLUTIONS. Under clause 2 of Rule XXIV, the following executive commu . UD;derclause_3 of Rule XXII, bills and resolutions of the follow nications were taken from· the Speaker's table and referred as fol- mg titles were mtrodnced _and severally referred as follows: lows: · - By Mr. BARRETT: A bill (H. R. 9527) providing that the mem A1etter from the_ Ac~g Secretary of the Navy, transmitting a· bers of the President's Cabinet shall be selected from the Sen COJ>Y: of a co~"?ll1catio~ from the Secre~a:f! of the Navy, trans ate!=>~ the House of Representatives-to the Committee on the mittmg an additional estlmate of appropriatiOn for salaries Nau Judiciary. tical Almanac Office, for the fiscal year 1898-to the Comrittee on Appropriations, and ordered to be printed. By ~· GIBSO~: A bill (H. R. 9528) to prevent and punish A letter from the assistant clerk of the Court of Claims trans frauds m the electio:r;ts o.f Representa~ives and Delegates in Con .mitting a copy of the findings filed by the coru-t in the of gress-to the CoiDm.lttee on the Election of President Vice-Presi- ~ses dent, and Representatives in Congress. ' J. F. Engle~ administrator of Uriah Rutherford, decea-sed, and Asa C. R~msburg and George W. Remsburgt executors of Isaac By Mr. MILLIKEN: A bill (H. R. 9529) to provide for a com Remsburg, deceased, against The United States-to the Commit plet~ system of filtration of the water supply of the United States tee on War Claims, and ordered to be printed. Capitol-to the Comm~ttee on Public Buildings and Grounds. A letter fr?m the Se?retary of War, transmitting, with a letter By Mr. H<;:>WE: A bill ~H.R. 9530) regulating leases of lands for of fr?m the Chief of En~eers,.report of examin!l'tion and survey of t~;te produ~t10n coal ~ oil, and other mineral products in the In Milwaukee Harbor, WISconsm-to the Committ-ee on Rivers and dian Territory-to t.he Committee on Indian Affairs. Harbors, and ordered to be printed. By Mr. WHEELER (by request): A bill (H. R. 9531) to amend A letter from the Commissioners of the District of Columbia "An act to amend section 2455 of the Revised Statutes of the United reporting the results of their examination of the project forth~ State;s,'' approved February 26~ 1895-to the Committee on the extension of Connecticut avenue from Florida avenue to the Dis Public Lands. _ trict line, with map accompanying-to the Committee on Appro . By Mr.. COOK of Wisconsin~ A bill (H. R. 9532) to regulate the priations, and ordered to be printed. ImportatiOn and sale of agricultural seeds-to the Committee on A letter fr_om the Secretary of War, transmitting, with a letter Ways and Means. . from the Chief of Engineers, report of examination and survey of By _M;r. RAY: A bill (H: R. 9563) to prevent the multiplication Nyack Harbor, New York-to the Committee on Rivers and Har- of smmdes-to the Committee on the Judiciary. bors, and ordered to be printed. . By.~· ALDRICH of illinois: Resolution (House Res. No. 437) A letter from the Secretary of War, transmitting, with a letter proVIding for. the payment of _the funeral expenses of the late from the_ Chief of Engineers, report of examination and survey of Charles F. Cnsp-to the Comnnttee on Accounts. : Annapolis Harbor, Maryland-to the Committee on Rivers and Harbors, and ordered to he printed. A letter fr!=>m the Secretary of War, transmitting, with~ letter PRIVATE BILLS, ETC. from ~e Chief of Engin~ra, report of examination and survey of Catskill Creek, New York-to the Committee on Rivers and Har- Under elause1 of Rnle-XXIT, private- bills of thefollowingtitles bors, and ordered to be printed. were p.resented and I'eferred as follows: A letter from the Secretary of War, transmitting, with a letter ~Y Mr. BR~: A bill (H. R .. 9533) granting a pension tO from the Chief of Engineers, report of examination and s.ur-vey for Elizabeth P. S1gfr1ed-to the Committee on Invalid Pensions. a channel connecting Flushing Bay with Newton Creek New By Mr. FISCHER: A bill (H. R. 9534). for the relief of Edmund York-to the Committee on Rivers and Harbors, and ordered to be T. Ryan-to the Committee on Military Affairs. print~d. Also, a bill (H. R. 9535) granting an increase of pension to Jan-e A letter from the Secretary of War, transmitting, with a letter M... Graves-to the Committee on Invalid Pensions. from the Chief of Engineers,..report of examination and survey of ~Y. Mr. HATCH: ~ bill (H. R. 9536) increasing the pension of Coney Island Channel, New York-to the Committee on Rivers Wil:ham P ·Haskell, lieutenant, Company I, Fom·teenth Regiment and Harbors, and ordered to be printed. . Indiana Infantry-to. the Committee on Invalid Pensions. A letter from the Acting Secretary of the Treasury, transmit- By Mr. RULING: A bill (H. R. 9537) fo:rtherelief of Mrs. Mat- ting an estimate of appropriation for completing the two rev:enue tieR. Fredeking-to the ComiUittee on War Claims. · steamers for the Great Lakes-to the Committee on Appropria-- By Mr. HULL~ A biil (H. R. 9538) for the. relief of Jeremiah tions1 and ordered to be printed. . . · Hunt-to the' Committee on the Pub-lie Lands. A letter from the Attorney-General of the United States trans- Also, a b~l (H. R. ~539) to· indemnify th~ legal heirs of D. C. mitting to Congress his annual report-to the Committee'on the Martz for ~allure of title to west half of northeast quarter~ section Judiciary, and ordered to be printed. 17, township so,range·24 west, fifth principal meridian,. Iowa-to the Committee on the Public Lands. Also, a bill (H. R. 9540) for the relief of Malean Phillips-to the aEPORTS OF COMMITTEES ON PUBLIC BILLS AND Committee on the Public Lands. RESOLUTIONS. ALso, a bill (H..R. 9541) for the relief of the. legal heirs of Lewis Under clanse 2 of Rule XITI, Mr. EVANS, from the Committee M. Burk-t? the Committee on th~ Pub_lic Lands. . on Ways and Means, to which was referred the joint resolution Also_, a bill (H. R. 9542) gran~ng $'50- per ~onth J?ED.SIOD to of the House (H. Res. 204) continuing in force section 2 of the IFrru;:t-CJB. M~ ~une.r-to _the Co~Ittee an ~nvalid Pensions. ~ act of June 3, 1~96, entitled. "An act to repeal section 61 of an act . Also~ a bill (H. R. 9a43) granting penSion to l_tcs:well Ha~, to reduce taxation, to proVIde revenue for the Government, and Com~yC~ Tenth Kausas Infantry-to the Committee on Invalid for other purpos~, H which became a law: August 28",. 1894, re- , PenslOns. _ . . . . ported the same With amendmen.~ accompanied by a report (No. Also, a bill.{H. R. 9944) ~nting pension to Mmn.Ie B. Howe- 2296); _which said joint resolution and report wereTeferred to the to the Com~mttee on Invalid PellSio~. . Com.m1ttee of the Whole House on the state of the :Union. Also,~ bill (H. R. 9545) for th~ relief oi George W. Bro~ of Des Momes. Iowa-to the Committee. on the Public Lands. Also, a bill (H. R. 9546) for the relief of the legal heirs of REPORTS OF COMMITTEES ON PRIVATE •.BlLLS. Samuel Hnnt~tq the-committee on the Public Lands. Under clause 2 of Rule XIII, private bills were severaJ.ly re- By Mr. LIVINGSTON: A bill (H. R. 9547) for the- relief of ported from committees, delivered to the Clerk, and referred to, · W. J'. Fletcher, of Georgia-to the Committee on Claims. lihe Committee of the Whole House, as follows: Also, a bill (H. R. 9548) for the re-lief of Samuel. I. Gustin-to By Mr. PICKLER, from the Committee on Invalid Pensions: the Committee on War CJ.ai:mS. · The bill (H. R. 5697) granting a pension to Surg. B~ H. Peterson. By Mr. McCREARY of Kentucky: A bill (H. R. 9549} for the (Report No. 2294. ) benefit of Sanford Ross-to the Ccmmittee on Invalid Pensions. By Mr. WATSON of Indiana from the Committee on Claims: By Mr. NOONAN: A bill (H. R. 955():) for the relief of Mrs. Mar- The bill (S.1488) entitled "An act to provide for the paymen,t of garetHagan, widow of John C. Hagan-totheCommitteeon War the elaim of Christian M. Kirkpatrick for paving the street adja-- Claims. p~nt to the United States arsenal at Indianapolis~ Ind. 11 (Report By Mr. RINAKER: A bill (H. R. 9551) for the relief of Capt. No. 2295.) Fletcher H. Chapman-to the Committee on Military Affairs. By ~r. SULLOWAY: A bill (H. R. 9552) granting an increase of pension to Joseph Montieth-to the Committee on Invalid Pen CHANGE OF REFERENCE. sions. Under cl~use 2 of Ru1e XXII, th~ Com:mittee on Inv~lid Pen- Also~ a bill (H. R. 9553) granting a pension to Verona Harri· ,nons was disc_harged from the consi~eration o! papers to ~ccom- man-to the Committee on Invalid Pe-nsions. pany Honse b1ll No. 4478, for the. rehef of ~Vld Hous_el; and the . · Also, a bill. (H. R. 9554) grantin~ a pension to Mary E. Taylor- same were referred to the Committee on Military Affaii'S. to the Committee on Invalid Pensions. · ~ 1896. CONGRESSIONAL- RECORD-HOUSE. 95 By Mr. TATE: A bill (H. R. 9555) to amend the records of the HOUSE OF REPRESENTATIVES. War Department in case of Curtis C. Hntcheson-to the Commit tee on Milltary Affairs. FRIDAY, December 11, 1896. Also, a bill CEI. R. 9556) for the relief of James B. Fowler-to The Honse met at 12 o'clock ru. Prayer by the Chaplain, Rev. the Committee on Military Affairs. HENRY N. COUDEN. Also, a bill (H. R. 9557) to pension Sanford A. Pinyan-to the The Journal of the proceedings of yest~rday was read and ap Committee on Invalid Pensions. proved. Also, a bill (H. R. 9558) for the relief of Sanford A. Pinyan-to ADJOURNMENT UNTIL MONDAY. the Committee on Military Affairs. Mt.DINGLEY. Mr. Speaker- Also, a bill (H. R. 9559) for the relief of Webster R. W. Atkins The SPEAKER. For what purpose does the gentleman ri8e? to the Committee on Military Affairs. :Mr. DINGLEY. I rise to make a motion that when the House Also, a bill (H. R. 9560) for relief of Jasper N. Martin-to the adjourn to-day it be to meet on Monday next. I have been asked Committee on MJ.litary Affairs. whether, if·this motion be adopted, it will cut off the evening By Mr. TRELOAR: A bill (H. R. 9561) granting a pension to session for pensions, and I desire to say that it will not. The ad Cyrus Scott-to the Committee on Invalid Pensions. journment will not take place until the end of the evening session. By Mr. WALKER of Virginia: A bill (H. R. 9562) to correct The SPEAKER. Itsimplymeansthatwhen theHouseadjourns the military record of Michael Hayes-to the Committee on Mil to-day it will adjourn to meet on Monday instead of on Saturday. itary Affairs. The motion was agreed to. MESSAGE FROM THE SENATE. A message from the Senate, by Mr. PLATT, one of its clerks, PETITIO~S, ETC. announced that the Senate had passed a bill (S. 3333) to amend an act entitled ''An act making appropriations for the construc Under clause 1 of Rule XXII, the following petitions and papers tion~ repair, and preservation of certain public works on rivers were laid on the Clerk's desk and referred as follows: and harbors, and for other purposes "passed finally June 3, 1896; By Mr. ADAMS: Resolutions of the Glass Blowers,. Association, in which the concurrence of the Ho se was requested. relating to the, restrl.ction of immigration-to the Committee on Immigration and N atnralization. UNION PACIFIC RAILROAD FUNDING BILL. Also, resolutions of Meade Post, No.1, Grand Army of theRe Mr. BELL of Texas, by unanimous consent, obtained leave to public, relating to Cuban independence-to the Committee on file a minority report on the bill H. R. 8189-the Union Pacific Foreign Affairs. Railroad bill. . By Mr. DALZELL: Resolutions of Typographical Union, No.2, W. H. WADE . of Philadelphia, Pa., relative to construction of laws relating to Mr. TRACEY. Mr. Speaker, I have introduced a bill for the "free list"-tn the Committee on Ways and Means. relief of W. H. Wade, late a captain in the Thirty-first Ohio Also, resolution of Glass Bottle Blowers' Association of the Volunteers, and I ~that it be referred to the Committee on United States and Canada, in favor of prohibiting immigration Military Affairs. to the Committee on Immigration and N aturaliz~tion. The SPEAKER. Under the rules that will require unanimous By Mr. ERDMAN: Petition of 2,827 citizens of Allentown, Pa., consent. Is there objection? favoring the passage of the Sunday-rest law for the District of Mr. DINGLEY. Is this a claim? Under the rule all such Columbia--to the Committee on the District of Columbia. claims ought to go to the Committee on War Claims. By Mr. FOSS: Resolutions adopted at a public meeting of citi The SPEAKER. The bill will go to that committee unless re zens of Evanston, ill., expressing abhorrence of the Armenian ferred to some othro.· committee by unanimous consent. massacres in Turkey-to the Committee on Foreign Affairs. Mr. TRACEY. This is not, strictly speaking,. a claim. It is a By Mr. HENDERSON: Paper from Hon. A. J. McCrary, of bill granting relief from the repa~~nt of m~mey disbursed by .Keokuk, Iowa, favoring the passage of House bill No. 260-to the Colonel Wade when he was aca.ptam m the Thirty-first OhioVol Committee on Rules. nnteei·s, the· amount not having been credited to him for some By Mr. HOWE: Resolutions of the National Association of technical reason. .Naval Veterans, adopted at their annual convention in New York Mr. DINGLEY. . Well, it is really a claim under the rnle. I City, July 6, 1896, favoring the passage of a bill granting the offi hfLve no special objection to a change of reference in this particu cers of the Revenue-Cutter Service the same consideration by Con lar case, but it seems to me that it is better to adhere to the rule gress as is accorded the retired lists of the Army and Navy-tothe and let all these claims go to the proper committee. Committee on Interstate and Foreign Commerce. Mr. TRACEY. I trust the gentleman will not insist upon his By Mr. HOWELL: Petition of the congregation of the First objection. I have conferred with members of ·the Committee on Baptist Church of New Brunswick, N.J., for the recognition of War Claims, and they tell me that they have agreed not to take Cuban independence-to the Committee on the Public Lands. up any new bills at this session. This case is a very p1-essing one, By Mr. HULL: Papers to accompany Honse bill for the relief and it is very important to Colonel Wade (who was lately a mem of Daniel Hunt-to the Committee on the Public Lands. ber of this House) that relief shall be granted at this session. Also, papers to accompany House bill to indemnify the heirs of The amount involved is a small one, and the bill is absolntelyjust. D. C. Marts-to the Committee on the Public Lands. Mr. DINGLEY. Mr. Speaker, the diflicnlty is that if we break in in Also, papers to accompany Honse bill for the reli~f of the heirs over the rule one instance we shall have to do it all instances. of Lewis. M. Bnrk-to the Committee on the Public Lands. It seems to me that it is better to live np to the rule and let this Also, papers to accompany House bill foi the relief of Jeremiah bill go to the Committee on War Claims, where I understand it Hunt-to the Committee on the Public Lands. belongs. Otherwise we shall have similar applications in other Also, papers to accompany House bill for the relief of W. J. cases all along the line, and the rnle will be bioken down. Fletcher-to the Committee on Claims. The SPEAKER~ Objection is made. By Mr. LACEY: Petition and sundry letters of settlers on the MEMORIAL OF ME.!.DE POST, NO. 1, PENNSYLVAJ-.~. Niobrara lands in the State of Nebraska, protesting against the . Mr. HICKS. Mr. Speake~·, I as~ unanimous consent to present Pi~Ssage of Senate bill No. 2749-to the Committee on the Public m the House and have pnnted m the RECORD a memorial of Lands. . Meade Post. ·'.No. 1, of the State of Pennsylvania.. By Mr. McCREARY of Kentucky: Petition of H. H. Fowler, Mr. RICHARDSON. What is the nature of the gentleman's ~.C. Davis, J. M. Wood, and others, of Berea, Ky.,. in behalf of request? George W. Rogers-to the Committee on Claims. Mr. HICKS. That this memorial be read ~nd inserted in the By Mr. RAY: Petitions of citizens of Rome, N.Y.; also of citi RECORD. . zens of Watertown, N.Y., for a law to prevent suicides-to the Mr. RICHARDSON. I object. I do not object to its being Committee on the Judiciary. · read, but I do object to its being printed in the RECORD. By Mr. SOUTHARD: Petition of citizens of Toledo, Ohio, pray '!'he SPEAKER. Objection is made. ing for favorable action on House bJ.ll No. 838, to :reduce letter ENROLLED BILLS SIGNED. postage to 1 centperhalfounce; alsoHousebillNo.4566, toamend Mr. HAGER, from the Committee on Enrolled Bills, reported the postal laws relating to second-class matter-to the Committee that they had examined and found truly enrolled bills of the fol on the Post-Office and Post-Roads. lowing titles; when the Speaker signed the same: . By Mr. TAYLE~.: Memorial of cit~ens of Canton, Ohio, pray A bill (S. 264) providing for the location and purchase of pub mg for the recognition of Cuban belligerency-to the Committee lic lands for reservoir sites; and. on Foreign Affairs. A bill (S. 2047) extending the time within which the University By Mr. WOODARD: Petition of Joel Rhodes, praying that the of Utah shall occupy lands heretofore granted to it. war cla:im of Joseph E. Rhodes, deceased, late of Wayne County SALE OF LIQUOR IN THE DISTRICT OF COLUMBIA. N. C., be referred to the Court of Clai:Ins under the Bowman Ac~ Mr. MORSE. Mr. Speaker, I rise to a_pa.rliamentary .inquiry. to the Committee on War Claims. The SPEAKER. The gentleman will state it. -: