•. . ., )

1890. CONGRESSIONAL RECORD-HOUSE. 5339

COMMISSIONER FOB ALASKA. The SPEAKER pro tempore. The Chairwill state to the gentleman William R. Hoyt, of Chlppewa Falls, Wis., to be a commisfiloner in that the bill had not been formally entered upon. Unanimous consent and for the district of Alaska, to reside at Juneau City, vi~ Louis L. ·bad not been given to i~consideration. It bad beenreadforinforma­ Williams, whose term of office will expire August 1, 1890. tion, and the motion to adjourn was equivalent to an objection. The Chair will, however, endeavor t,o recognize the gentleman hereafter. SURVEYOR-GENERAL. :{Joe tius H. Sullivan, of Plankinton, S. Dak., to be .surveyor-general PUBLIC BUILDING AT BEAVER FALLS, PA. of South Dakota, a newly established office. Mr. TOWNSEND, of Pennsylvania. l'tfr. Speaker, I ask unanimous REGISTER OF THE LAND OFFICE. consent t,o discharge the Committee of the Whole House from the Allton Mehrlicb, of Colorado, to be register of the land office at Cen­ further consideration of the bill (S. 2403) to provide for the purchase tral City, Colo., vice Jared A. Van Auken, to be removed. of a. site and the erection of a. public building thereon at Beaver Falls, in the State of Pennsylvania. :RECEIVERS OF PUBLIC :MO:h"'EYS. The bill was read, as follows: Thomas D. Meads, of Hancock, Mich., to be receiver of public moneys Be it enacted., eLc .• That the Secretary of the Tre.asury be, a.nd he is hereby, au­ ~t 1\Iarquette, Mich., vice .Matthew H. Maynard, whose term of office thorized and directed to acquire by purchase, condemnation, or otherwise, a will expire June 6, 1890. site, and to cause to be erected thereon, a suitable building, including fire-proof vault3, heating and ventila.ting apparatus: elevators, and approaches, for the Charles F. Augu.c1tin, of Menasha, Wis., to be receiver of public use and accommodation of the United States post-office and other Government moneys at Menasha, Wis., ivice Patrick O'Malley, whose term of office offices, in the city of Beaver Fa.Us and State of Pennsylvania, the cos~ of said will expire July 2, 1890. site and building, including said vaults, heating and ventilating apparatus, ele­ vat-0rs, and approaches complete, not to exceed the sum of t'00,000, which said PENSION AGENT. sum of $50,000 is hereby appropriated for said purpose, out of any moneys in the Thomas P. Cheney, of Ashland, N. H., to be pension agent at Con­ Treasury not otherwise appropriated. Proposals for the sale of land suitable for said site shall be invited by public cord, N. H., vice W. H. D. Cochrane, to be removed. advertisement in one or more of the.newspapers of said city of large.st circula­ tion for at least twenty days prior to the date specified in said advertisement WITHDRAWALS. for the opening of said proposals. Proposals made in response to said advertisement sha.11 be addressed and Samuel L. Gracey, t9 be consul of the United States at Cardiff. mailed· to the Secretary of the Treasury, who shall then cause the said proposed. Rockwell J. Flint, to be marshal of the United States for the western sit.es, and such others as he may think proper to designate, to be examined in person by an agent of the Treasury Department, who shall make writt.enreport district of Wisconsin. to said Secretary thereon and the res.sons therefor, which shall be accompa­ nied by the original proposals and all maps, plats, and statements which shall b&ve come into his possession relatinir to the said proposed sites. CONFIRMATIONS. If, upon consideration of said report and accompanying papers, the Secret.ary Executive nominations confirmed by the Seruite ]Iay 27, 1890. of the Treasury shall deem further investigation necessary, he may appoin1i a. commission of not more than three persons, one of whom shall be an officer of DIBTBICT JUDGE. • the Treasury Department, which commission shall also examine the -said pro­ posed sites, and such others as the Secreta.ry of the Treasury may designate, David E. Bryant, of Texas, to be United States district judge for the and grant such hearings in relation thereto as-ihey shall deem necessary;. and eastern district of Texas. said commission shall within thirty days after such examination make to the Secretary of the Treasury written report of their conclusion in the premises, ac­ UNITED STATES ATTORNEY. companied by all statements, maps, plats. or documents taken by or submitted Isaac W. Dyer, of Maine, t,o be atrorney of the United States for the to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the 'l'reasury district of Maine. shall thereupon finally determine the location of the building to be erected. COLLECTOR OF CUSTOMS. The compensation of said commissioners shall be fixed by the Secretary of George Christ, of Arizona, be collector of customs for the district the Treasury, but the same shall not exceed $6 per day and actual traveling ex­ to penses: Provided~ however, That the member of said commission appointed of Arizona, in the Territory of Arizona. from the Treasury Department shall be paid only his actual traveling expenses. So much of the appropriation herein made as may be necessary to defray the UNITED STATES CONSUL. expense of advertising for proposals, actual traveling expenses of said agent, Samuel L. Gracey, of Massachusetts, to be consul at Foo-Chow, China. and the compensation and actual traveling expenses of said commissioners, and other expenses incident to the selection of the site, and for necessary sur- POSTMASTERS. vey thereof shall be immediately available. · 'Bradford G. Greene, to be postmaster at Oxford, in the county of 80 much of said appropriation us may be necessary for the preparation of sketch-plimB. drawings. specifications, and detailed estimates for the building Chenango and State of New York. by the Supervising Architect of the Treasury Department shall be available John R. Roberts, to be postmaster at Slatington, in the county of immediately upon the approval by the Secretary o! the Treasury of such site. Lehigh and State of Pennsylvania. No money appropriated by this act shall be availa.ble, except as herein before provided, until a valid title to the site for said building shall be vested in the Robert Dott, to be postmaster at Alexandria, in the county of Han­ United States, nor until the State of Pennsylvania shall have ceded totb.e United son and State of South Dakota. States exclusive jurisdiction over the sam.e, during the time the United States George Ritchey, to be postmaster at Leavenworth, in the coanty of shall be or remain the owner thereof, for all purposes except the administration of the crimina-1 laws of said State and the service of civil process thereil!.. Leavenworth and State of Kansas. After the said site sha.11 have been paid for and the sketch-plans and detailed John T. Congdon to be postmaster at Sedgwick, in the county ot estimates for the building shall have been prepa-red by the Supervising Archi­ Harvey and State of Kansas. tect and approved by the Secretary of the Treasury, the Secretary of the Jn. teri-Or, and the Postmaster-General, the balance of said appropriation shall be William J. Puett, to be postmasterat Newton, in the county-0f Har­ available for the erection and completion of the building, in.eluding :fire-proof vey and State of Kansas. vaults, heating a.nd ventilating apparatus, elevators. and approaches. Harvey H. Hopkins, to be postmaster at Nashua, in the county of The building shall be unexposed to danger from fire by an open space of at Chickasaw and State of Iowa. least 40 feet on each side, including streets and alleys. Thomas H. Prince, to be postmaster at Gallatin, in the county of Mr. BLOUNT. I wish to ask the gentleman from Pennsylvania, be­ Sumner and State of Tennessee. fo.te consent is given, if he will not modify this bill so as to strike out James Bracken, to be postmaster at Webster, in the Co.nnty of Wor­ the appropriation, conforming therein to other bills of the same char­ cester and State of Massachusetts. actel' passed by the Honse. Henry C. King, to be postmaster at Oscoda, in the county of I05co ?ifr. TOWNSEND, of Pennsylvania. Inasmuch as that has been the and State of Michigan. custom of the House, I will make no objection. Nelson J. Davis, to be postmaster at Berrien Springs, in the county 1\fr. CANNON. Well, why should the bill pass at a.11? of Berrien and State of Michigan. The SPEAKER pro temporc. If there be no objection, the provision JobnL. Whitley, to bepostmaster!!-t Osage, in the county of Mitchell making the appropriation, which the CleTk will now report, . will be and State of Iowa. stricken from the bill. The Clerk read as follows: Strike ont, in lines 13 to 15 of the printed bill, the words "which said sum of $50,000 is hereby appropriated for sa.id purpose, out of any moneys in the HOUSE OF REPRESENTATIVES. Treasury not otherwise appropriated." -... TuESD.A.Y, May 27,-1890. There being no objection, the amendment was adopted. The House met at 12 o'clock m. Prayer by the Cbap1ain, Rev. Mr. HOLMAN. I believe this bill appropriates $50,000? w. II. MILBURN, D. D. The SPEAKER pro tempore. That appropriation is strickE(n out. The Journal of the proceedings of yesterday was read and approved. There being no objection, the bill as amended was considered, ordered to a third reading, and being read the third time, was passed. ORDER OF BUSINESS. Mr. TOWNSEND, of Pennsylva!tla, moved to reconsider the vote by Mr. STONE, of Kentucky. On yesterday when the House adjourned which the bill was passed; and also moved that the motion to recon­ I had been recognized to ask unanimous consent to put upon its pas.gage sider be laid on the table. a bill which was sent to the desk. The bill had been read and its con­ The latter motion was agreed to. sideration entered upon to that extent when the gentleman from Penn­ Mr. CANNON. I give notice now and beforehand that no such sylvania [Mr. ATKINSON] made a motion to adjourn. My point of bjll as that sbaU pass when I am in the Honse in the fnttµe. order is that that bill is in reality the unfinished business, and as such :Mr. BIGGS. You have got one on that side. Now be fair to this is first in ordel' to-day. side; let us have one over here.

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5340 CONGRESSION4L REOORD.....:.HOUSE. MAY 27,

Mr. BLOUNT. I would like to hear the notice given by the gen­ ORDER OF BUSINESS. tleman from Illinois again. [Cries of "Regular order!"] Mr. CANNON. Now, I demand the regular order. PUBLIC BUILDING, MA.RTINSBURGH, W. VA. Mr. COGSWELL. Mr. Chairman, I ask unanimous consenil--­ Mr. WILSON, of West Virginia. Mr. Speaker, I ask unanimous Mr. KILGORE. . Let us have the regular order. consent to discharge the Committee of the Whole House on the state ~he SPEAKER pro tempore. The regular order i.s for the House :fi9 of the Union from the further consideration of the bill (S. 278) for the be m order. The gentleman from Massachusetts i.s recognized to make erection of a public building at Martinsburgh, W. Va., and put it upon a request of the House. its passage. _Mr. COGSWELL. I ask unanimous consent to discharge the Com­ Th SPEAKER pro tempore. The bill will be read, subject to the mittee of the Whole Honse on the state of the Union from the further right of objection. consideration of the bill (H. R. 10251) making an appropriation to de­

The bill was· read, as follows: fray the expenses of decorating the public building in Boston, Mass. 1 Be it enacted. etc., That tlie Secretary of the Treasury be, and he is hereby, au­ on the occasion of the encampment of the Grand Army of the Repub­ thorized and directeill will be read subject to the accommodation of the United States courts, post-office, and other Government right of objection. offices, in the city of Martineburgh and State of West Virginia, the cost of said The bill was read at length. site and building including said vaults, beating and ventilating apparatus, ele­ vators, and pproaches, complete, not to exceed tbe·sum of 875,000, which said The SPEAKER pro tempore. Is there objection to the pre8ent con­ sum of $75,000 is hereby appropriated for said purpose, out of any moneys in sideration of the bill? the United Atates Treasury not otherwise appropriated. Mr. ROGERS. I demand the regular order. Proposals for the sale of land suitable for said site shall be invited by public advertisement in one or more of the newspapers of said city of largest circula­ The SPEAKER pro tempore. That is Gquivalent to an objection. tion for at lea.st twenty days prior to the date specified in said advertisement for the opening of said proposals. · AD:\UNISTR.ATIVE BILL. Proposals made in response to said advertisement shall be addressed and l\fr. McKINLEY. I desire to make a privileged report. mailed to the Secretary of the Treasury, whoshnll then cauee thet1aid proposed sites, and such others l\S he may think proper to designate, to be examined in Mr. CA.RUTH. A parliamentary inquiry, Mr. Speaker. person by an agentofthe Treasury Department, who shallma.k:ew1itten report The SPEAKER pro tempore. The gentleman will state it.' to said Secretary oft.he results of said examination, and of his recommendation Mr. CA. RUTH. I notice that Rule XXIV, as it gives the order of .thereon, and the rea.sone therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his business, provides that after the reading of the Journal, correction of poliBession relating to the said proposed ailes. reference of public hills, the next order of business is the disposal of If, upon consideratio11 or said report and accompanying papers, the Secretary business on the Speaker's table. of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, one of whom shall be an officer of The SPEAKER pro tempore. This is a conference report and i.s priv­ the Treasury Department, which commission shall also examine the said pro­ ileged.' posed sitee, and sue~ oth_ers as ~he Secretary of the Treasury may designate, The Clerk rea.d as follows: and grant such hearmgs m relation thereto as they shall deem necessary; and said commission shall, within thirty days after such examination, make to the Th~ committee of conference on the disagreeing votes of the two Houses on Secretary of the Treasury written report of their conclusion in the premises, certa.m amendments of the Senate to the bill (H. R. 4.970) to simplify the laws in accompanied by all statements, maps, plats, or documents taken by or sub­ relation to the collection of revenues, having met, after full and free conference mitted to them, in like manner a.s herein before provided in regard t-0 the pro­ Fo~Y::;~eed to recommend and do recommend to their respective Houses as ceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine the location of the buildina- to be That the Senate recede from if.! amendments numbered 4, ll, 14., 181 38 53 58 59, 62, 67, 68, 70, 7 j, 74, 75, 78, 80, 81, 82 83, 84 85,.and 9(). ' I ' erected. 1 1 The compensation of said commissioners shall be fixed by the Secretary of That the House recede from if.! disagreement to the amendments of the Sen­ the Treasnry, but the same shall not exceed $6 per day and actual traveling ex­ ate numbered 1, 2, 3, 5,6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 19,20,21, 22, 23, 24, 27, 28, 29, 30, 31, penses: Provided, howll1!er, That the member or said commission appointed 32, 33, 34., 35, 36, :rt. 39, 40, 4.1, 42, 43, 44, 45, 46, 41, 48, 4.9, 50, 51, 52, 54, 56, 00, 57, 60, 61, 63, 64, from the Treasury Department shall be paid only his actua.l traveling expenses. 65, 66, 69, 72, 73, 76, 77, 79, 86, 88, 89, and agree to the so.me. So much of the appropriation herein made as may be neceseary to defray the That the House recede from its disa~reement to the amendment of the Senate expenses of advertising for proposals, actual traveling eirpenses of said agent, numbered 25, and agree to the same with an amendment as followe: Strike out and the compensation and actual traveling expenses of said commissioners in the matter proposed to be inserted the word "ten," in line 13, and in lieu and other expenses incident to the selection of the site, and for necessary sur: thereof insert the word "eight;" and the Senate agree to the same. vey thereof shall be immediately available. Tbn.t the House recede from its disagreement to the amendment of the Senate numbered 26, and agree to the same with an amendment as follows: In the So much ·of said appropriation as may be necessary for the preparation of I sketch-pla.ns drawinge,specifications, and detailed estimatee for the building by matter proposed to be inserted in line 4 of section 12, strike out the words" five the Supervismg1 Architect of the Treasury Department shall be available im­ hundred; " and the Senateagree to the same. ruediately upon the approval by the Secretary of the Treasury of such site. That the House recede from its disagreement to the amendment of the Senate No money appropriated by this act shall be available, except as hereinbefore numbered tr!, and agree to the ea.me with nn amendment as follows: Strike provided, until a. vaiid tit.le to the site for s:i.id building shall be vested in the out in line l, section 28, the figures "30," proposed to be inserted, and insert in United States, nor until the State of West Virginia shall have ceded to the United lieu thereof the figures "29; " and the Senate agree to the same. / States exclusive jurisdiction over the same, during the time the United States That the House recede from its disagreement to the amendment of the Senate shall be or remain the owner thereof, for all purposes except the administration numbered 92, and agree to the same with an amendment u follows: Strike of the criminal laws of said State and the service of civil process therein. out the paragraph proposed t-0 be inserted and insert in lieu thereof the follow­ After the said site shall have been paid for and the sketch-plans and detailed ing: estimates for the building shall have been prepared by the Supervising Archi­ "SEC. 3.). That this act shall ta.keeffecton the lstda.yof AugUBt, 1890 except so tect and approved by the Secretary of the Treasury, the Secretary of the Interior, mu~h of section 12 as pi:ovides_for the n.ppointment of nin!l general ~ppraisers, which shall take effect 1mmed111.t.ely;" and th~ Postmaster-General, the balance of said appropriation shall be avail­ able fa'-: the erection and completion of the building, including fire-proof vaults, And the Senate agree to the same. heating and ventilating apparatus, elevators, and approaches. WM. McKINLEY, Jn., The building shall be unexposed to danger from fire by an open space of at J. C. BURROWS, least 40 feet on each side, including streets and alleys. Manager a on. the part of the Howe. W. B. ALLISON, ' The Rouse Committee on Public Buildings and Grounds recommend NELSON W. ALDRICH, the adoption of the following amendment: Managera on. the part of the Senate. Strike out the words "one hundred and twenty-five" and insert in lieu thereof During ~he reading of the report, the words" seventy-five;" so as to make the cost of the proposed building, with site, S75,000. Mr. HOLMAN said: Inasmuch as the reading of this statement will The SPEAKER pro tempore. . Is there objection to the present con­ not furnish any information, I ask that the reading be dispensed with sideration of the bill? and that the statement of the managers of the conference be rend to There was no objection. the House. The amendment recommended by the Committee on Public Build­ Mr. McCREARY. I would like to hear the whole of it read. ings and Grounds was adopted. The re.ading of the conference report was resumed and concluded. Mr. CANNON. I desire to ask the gentleman from West Virginia STATEMENT OF HOtTSJ!l CONFEREES. The managers on the part of the House of the conference on the disagreeing a question before this bill is passed. I believe there is a court held at votes of the two Houses on certain amendments of the Senate to the bill (H. R this place? 4970) to simplify the laws in relation to the collection of revenues submit th~ Mr. WILSON, of West Virginia. Yes, sir; there is a court, and following written statement in explanation of the action recommended on the amendments as compared with the bill as it paesed the House: there are revenue offices. A. proviso is added to section 4, which authorizes the Secretary of the Treas­ ·. 1.Ir. CANNON. Then I have no objection to the consideration of ury to make regulations by which books, magazines, and other periodicals pub­ the bill, provided the appropriating clause is stricken out. lished in successive parts of volumes, which may be entitled to free entry, shall require but one declaration for the entire series. Mr. WILSON, of West Virginia. I will agree to that. In section 23 the amendment made by the Senate provide!! that the appraised . The SPEA.KERJ?ro te1!1pore. J!there be no objection the appropriat­ value shall be more than 10 per cent.before the penalty shall accrue, and i,he 20 mg clause of the bill will be stnken out to conform to other bills of per cent. of the appraised value as contained in the bill is changed so a.s to make it equal to 2 per cent. of the total appraised value (\f each 1 per cent. that the ap­ like character which have been passed by the House. praised value exceeds the value declared in the entry; and in the same section There was no objection, and it was so ordered. the amendment of the Senate provides that the appraised value shall exceed the The bill as amended was ordered to a third reading, and being read declared value in the entry more than 40 per cent. instead of 20 per cent. before the merchandise is liable to seizure. the third time, was passed. In section 11, which provides for the ascertainment of actual market value, Mr. WILSON, of West Virginia, moved to reconsider the vote by the bill provided that a profitof5 percent. should be 1dded to the market value which the bill was passed; and-also moved that the motion to recon­ ascertained by the customs officers. . The Senate made this 10 per cent. and the . conferees agreed upon 8 per cent. sider be laid on the table. Section 12, which provides for the appointment of nine '1,'eneral appraisers and The latter motion was agreed to. fixes their salary at $5,000 per annum, was amended by the Senate so as tofi.x the 1890. CONGRESSIONAL RECORD-HOUSE. 5341 salary at fT,500. The conferees agreed upon f7,000 for the salary of these ap­ affect those articles imported under an ad valorem rate of duty and praisers. In section 13 the Senate amended by providing that a board of three general those imported under a compound rate. But it is nearer 10 per cent. appraisers shall be on duty at the port of New York to hear appeals and make than 5; and a great portion of our duties are compound. Now, I know inquiries, or that a board of three general appraisers may be designated by the it is stated that a part of the provisions of this bill were recommended Secretary of the Tr~asury for duty at such other port as may be necessary in disputed cases. Several other amendments made to this section are verbal in in the last Congress in the Mills bill. They were. But under what character. circumst.ances? In the bill we proposed a reduction of $53, 000, 000 in In section 14, the amendments are made to correspond with those in section import duties and twenty millions internal-re-venue taxes. 13 in reference to places where the boa.rd of appraisers shall be on duty. Section 15 relates to the referring of cases to the United States circuit court. Now, Mr. Speaker, I will ask that the Clerk read another extract from The court is given jurisdiction not only as to the construction of the law, but the the report of the tariff commission on the vexation and impropriety­ facts respecting classification and the rate of duty imposed under such classifi­ of taxing coverings. cation connected with the matter in dispute by the Senate amendment. Section 16 is amended to authorize the general appraisers in ma.king investi­ The Clerk read as follows: gations to administer oaths. The sections in question are those which require the addition to the cost or Section 17, which the Senate struck out, is rest-0red. v~ue of the imported article of the costoftransportation,shipment,a.nd tra.n.g. In section 20, the last proviso, which exempted articles exported from and re­ shipment, and all expenses incu1·red in the transportation of the article from imported into the United States from the provisions of the section, was stricken the place of growth, production,or manufacture to the vessel in which the ship­ out. ment is made to the United States, the cost or value of the packages and the Section 22 is amended by the Senate abolishing fees now exacted by officers of commissions paid, which in no case shall be less than 2l per cent. These sec­ \ customs except as provided in the a.ct, and a. proviso is added that where fees tions apply to goods paying an ad valorem duty or duty based on value. The under existing laws constitute in whole or in pa.rt the compensation of any cus­ law has heretofore regarded these "dutiable charges" a.s part of the cost of the f'' toms officer, such officer is to receive a fixed sum for each year equal to the goods imported, and the'effect of the proposed abolition would be to withdraw amount which he would have received for fees. them entirely from consideration in determining the dutiable value of the Section 29 is stricken out, for the reason that this section is included in H. R. goods. 9416, to reduce the revenue and equalize the duty on.imports,recently passed The result of the repeal of these sections would be a· reduction, especially on by the House. the coarser and more bulky fabrics, of a considerable proportion of the present ... A new section is added by the Senate providing that the act shall take effect duti s, amounting, as we believe, in some inst.a.nces to nearly if not quite one· on July 1. This was a.mended so as to make the act effective from and a.ft.er fo thl while on the finer and more highly priced goods the reduction will be the 1st of August, except so much as relates to the appointment of the nine gen­ ch ess. The commission recommends the repeal of these sections because eral appraisers, which is to go into effect immediately upon the approval of the 'f the great labor of the custom-houses ip. apportioning and distributing the a.ct. harges on the liquidation of entries (as we a.re advised the workofliquitla.tion All the other amendments not especially referred to above are verbal in on ad valorem goods is more than doubled by reason of these charges and their act.er. distribution),the very great delay in liquidation consequent on the complicated calculations involved in the distribution of the charges on the goods in the in­ Mr. McKINLEY. I ask the adoption of the report, and on that de­ voice bearing different rates of duty, the delay, annoyance, and expense to the mand the previous question; but will yield to the gentleman from importer, a.rising from the necessarily tedious liquidation thus occasioned, and Tennessee [Mr. MCMILLIN] such time as he may desire. because, in the judgment of the commission, these charges should not be re­ Mr. MCMILLIN. Mr. Speaker, I have not felt that it was proper ~rded as a part of the cost of the goods. for me to concur in the report of the conferees, the adoption of which There has not a national convention, Republican or Democratic, as­ would make this bill a law, and I will give very briefly to the House sembled in fourteen years that was bold enough to ad vacate a general in­ my reasons for my opposition to it. crease of tariff taxes. Promises of reduction of tariff burdens have The object of tariff legislation at this session, in my judgment, should often been made, but no platform has dared threaten the peopie with be a reduction of taxes, and not an increase. I want to call the atten­ increase of duties. tion of the House to the provisions of the bill to show that not only is But now let it be remembered that after we have passed a bill which this not accomplished, but that when this bill becomes a law it will increases the duties on other schedules except sugar $65,000,000, we increase the rate of tariff t.axation. We have done that at this Congress come and in this indirect way propose to add other millions to these in every conceivable way. We did it directly and boldly in the bill taxes. So much for that provision of the bill. which was passed through the House last week for the purpose of chang­ Iu the next place, I object, Mr. Speaker, to the method in which the ing the rates of duty. We do it secretly, or i:.ather more appropriately value of imported goods is to be ascertained by the appraisers. They I would say we do it covertly, to-day by the adoption of this bill; and take first the materials which enter into the manufacture, then the cost of how? manufacture. That is well enough. Then the other charges incidental One of the provisions of the bill is the one which reimposes a tax on to the manufacture, and that is well enough. But then they add 8 per the coverings in which the imported merchandise is put up and shipped cent. to all that. The House bill fixed it at 5 per cent., the Senate .: -t to this country. It is impossible to tell exactly what that will amount fixed it at 10 per cent., and the compromise recommended here is 8 per to, but we have the tariff commission's report, which sheds some light cent. So that a fictitious value is taken as the basis of assessment of upon it. It will be remembered that that commission in 1883 recom­ these taxes, even at this high rate, and if this bill becomes a law it may mended the abolition of the tax on coverings, and their recommenda- be truly said that \he "value" consists of the material, the labor con­ tion was adopted. I will read their language: - tained in the production, and wind. [Laughter.] That is to be the This recommendation as to increase of duties is largely more apparent than basis of the taxation. real- The fees for oaths and other fees heretofore collected at ports of entry They were speaking of the increase on earthenware- are abolished, and in lieu of those fees we are required by this bill to as it will be observed that the proposed abolition of duties upon packages pay directly out of the Treasury their equivalent in the form of salaries inland freights, charges, and commissions affects this species of earthen war~ to these officers of the Government. We are proposing by these two in ~eneral use perhaps more seriously than any other article embraced in the ta.riff schedulesl-so that, as will be apparent from the statement of the president bills to make the duties prohibitory and stop importation, and yet to of the Pottery J.Jealers' Association, and substantially all statements made to keep up the expenses of the custom-houses on the same schedules as the commission which bear upon the question, a duty of 40 per cent. under the present ta.riff is substa.ntinlly equal to a duty of 50 per cent. on these goods with now by direct payment of salaries out of the Treasury. The bill pro­ the proposed abolition of dutiable charges. vides for nine i:i:eneral appraisers, to whom the matter of appraisement On this class of goods the tariff commission, it will be observed, is referred where the importer is dis.satisfied with the rate :fixed by the placed the cost of coverings at 10 per cent. The gentleman from Ohio collector of customs. [Mr. McKINLEY], a few days ago, in discussing this matter, on the I refer to that provision of the bill for the purpose of telling the bill that bears his name in the country, stated that it would probably Honse that the salaries of these nine officers were fixed in the Honse not amount to more than 4 or S. per cent. on the average. Let us take bill at $5,000 each, but were made $7,500 by the Senate. This con­ him at his word and suppose that it does amount to 5 per cent. Then ference report fixes these salaries at $7,000. These officials hold their what addition to the duties now imposed by law will this bill carry? offices for life, which is wrong. That is, they may be removed by the The import duties last year (I give them from memory) were $220,000,­ President for cause; but we all know what that amounts to. This is ~00. Then if the increase is only 5 per cen~. it will give $11,000,000 virtually the creation of several life offices at $7,000 a year, and these mcrease, OI' $231,000,000 on the same amount of importations next officials will have nothing on earth to do until August, when the bill year, even if the tariff bill ju.st passed does not become a law. So that goes into eftect; but as to their appointment and their salaries it takes the effect of this bill is to indirectly and in this way increase tariff effect immediately after it is signed by the President. Hence we are rates $11,000,000, according to the confession of the gentleman from constituting these officers to do nothing for two months except draw Ohio. their salaries and execute receipts therefor. · Five per cent. does not cover it. Ten per cent. will be nearer the Mr. Speaker, in this connection l want to speak of another objec­ :figure. Now, is the House ready to do that? Is the House willing to tionable feature of the bill. The right of trial by jury is taken away. impose, in addition to the bill we have just passed, which is now in Hereafter that ancient bulwark of human rights and human liberty the Senate, 5or10 per cent. more upon tariff rates? .is to be unknown in the administration of our customs laws. But that Mr. DINGLEY. Will the gentleman from Tennessee pardon me if is not all,, The Honse bill provided that the claimant might have a I ask him a question? hearing. It provided that he might go before the appraisers by him­ Mr. McMILLIN. I yield with pleasure. self or his attorney and be present when his rights were adjudicated; Mr. DINGLEY. I desire to call his attention to the fact that the but the Senate hav~ taken away that right. This was the provision in administrative bill would affect only those imported articles on which the bill as it passed the House, under which the claimant was allowed there is an ad valorem duty imposed, and not those on which there is to be heard. It will be found on page 20 of the bill: a specific duty, and therefore only, part of the articles are affected. The owner, importer, consignee, or agent of imported merchandise subject Mr. McMILLIN. The gentleman is correcb as to that. It would t-0 reo.ppraisement by the board of general appra.lSers shall have the privile1t0 .. of being present, with or without counsel, as he may elect• -\. -. 5342 CONGRESSIONAL RECORD-HOUSE. MAY 27,

I believe, Mr. Speaker, that was a wise provision. If the right of tary, in a communication to Hon. A. S. Hewitt, under date of April 26, 1856, re- ferring to said decision, said: ' trial by jury was to be stricken down, at leas~ a Star Chamber should "The effect of this decision is to reduce mater).ally, but in no irregular and un­ not take its place. But the Senate struck that out, and now the claim­ certain manner, the duties upon all merchandise subject to ad valorem rates, and ant is to be "hustled " out at the door and is not to be permitted to to afford advantage to those importers who are least scrupulous." And in a. report dated November 'l:l, 1886, he said, after reciting very fully and be present, by himself or his attorney, when his rights are passed upon. pointedly the troubles experienced in administering said section, that- What more? Under a provision of the bill he may make complaint "The law1 requiring as it now does, the appraising officer to find the market and have bis case certified to the circuit court of the United States; value of articles at the time and place of exportation, and at the same time di­ recting them to find such value in a condition in which the articles are not sold but if the circuit court determines to have further proof taken, to re­ at that time and place, or at any time or place, presents difficulties which ca.11 open the case and give him a hearing, the case goes back, not to a for an amendment of the law. At present every advantage is offered to the referee of a court, but to one of the same arbitrators who have been unscrupulous and every disadvantage to the conscientious importer." In his annual report for 1887 Secretary Fairchild observed that- appealed from. "The law relating to covering of imported goods should be amended in the Mr McKINLEY. Only to take the testimony; not to determine interest of honest and equitable administration." the question. And again, in his report for 1888, he recommended "the simplification of the law relating to the determi11ation of the dutiable valueofmerchandisesubject .Mr. Mcl\IILLIN. Well, it goes back to the tribunal from which the to ad valorem rates, particularly with respect to coverings, packing charges,'' etc. party has appealed. That is the substance of it. Secretary Windom in his recent annual report on this subject says: Mr. McKINLEY. Only to take the testimony. "It is necessary, in order to enable appraising officers to make uniform and satisfactory appraisements, that they be relieved from the embarrassments im­ Mr. McMILLIN. My friendfromOhio [Mr. McKINLEY] is correct posed upon them by the law which exempts the coverings, charges, etc., from in that. It is only for the purpose of taking the testimony; but my duty, and which hall been productive of constant trouble, fraud, and litigation. experience as a lawyer has been, and I think it will be borne out by In very many cases merchandise bas no market value apart from its coverings and incidental packing, and the arbitrary rule that a. part of this value shall be the experience of every lawyer on this floor, that it is pot safe to put deducted in the assessment of the duty is illogical, and, in fact, requires the ap· the claimant back fo.t any purpose into the bands of the man whose p_r.afsing officers to do a.n impossible thing, to work an incongruity." ·jurisdiction he has fled. From March 1, 1823, to March 3, 1883, a. period of sixty years, covering, packing charges, etc., were elements of the dutiable value of imported goods except .Again, sir, this repeals the law allowing customs officers to make a during the brief period intervening between the a.ct.a of March 3, 1865, and July reduction on account of damaged goods. Now, the whole duty mu.st 28, 1866. The lulste with which the latter act was passed indicates that the old be paid or all the goods forfeited. rule was restored on account of the difficulties experienced in administering the law providing for the exemption of coverings. Mr. Speaker, it is not my purpose to detain the House at great length. '·deed, all experience appears to justify the conclusion "that the only just, There are many things in this bill which are commendable, there are tain, and simple be.sis of dutiable value !&the merchandise in the complete many of its provisions upon which we all agree and which we think d oacked condition in which it is presented to the eye of the appraising officer." ought to become law; but there are others that were so antagonistic This section is practically identical with a section of the Mills tariff bill. to our judgment of what is wise legislation that I thought it proper ·while it returns to the former legislation and will accomplish the desired to make this statement to the House, and not to sign the report of the purpose, it does not include as dutiable items charges for inland transportation, shipment, transshipment, commissions, brokerage, insurance, export duties, etc., conferees. a.s was .provided in sections 2907 and 2908, Revised Statutes. A careful examination will show that the bill which has recently It omits also the penal duty of 100 per cent. in certain cases prescribed by passed the House will raise the rates on dutiable goods to an average section 7 of the act of 1883. In lieu thereof it subject.a unusual coverings con­ taining free goods or goods subject to specific duty to the duty only to whlah of 58 per cent. such coverings would be liable if separately imported. This bill added to that, should they both become laws, will make The effect of the conference report is fully set forth in the detailed the average rote of duty on imports next year between 65 and 70 per statement which has been read from the Clerk's desk. There is no es­ cent.. , an amount greater than was ever known in the history of this sential change. The original bill as it passed this House is in substance country before, and which will result in the prevention of irµports, in and purpose and effect preserved. The House has yielded nothing the closing of custom-houses, and in the destruction of commerce. which impairs the bill. I ask for the previous questio.n. And of all the people of this continent those who live along the sea­ The previous question was ordered. coast and on the lakes are most deeply concerned in not destroying The SPEAKER pro te?npore. The question is on agreeing to the re­ commerce; for when the policy advocated by the majority of this House port of the committee of conference. is adopted, and commerce shall have been destroyed and ships sail to Mr. l\Icl\ULLIN. I call for a division. our ports only in ballast-which our opponents seem to think is the Mr. HOLMAN (while the House was dividing). Mr. Speaker, I call best lading for an inbound ship-then it will turn out that the destruc­ for the yeas and nays on the adoption of the report. tion of the commerce of the seas is the destruction of the cities by the The yeas and nays were ordered. seas. [Applause on the Democratic side.] . The question was taken; and there were-yeas 126, nays 13, not Mr. McKINLEY. Mr. Speaker, I desire to say but a single word voting 188; as follows: in reply to the gentleman from Tennessee [Mr. MCMILLIN]; for I must YEAS-126, not detain the Honse from the consideration of the river and harbor Allen, Mich. Darlington, Laidlaw, Rife. bill which has been under consideration for some days past, and which Anderson, Kans. De Haven, Lansing, Rockwell, it is expected will be concluded to-day. Atkinson, Pa. Dingley, Laws, Rowell, Atkinson, W. Va. Dolliver, Lind, Russell, This is the customs administration bill which was fully considered Eanks, Dorsey, Lodge, Sherman, in the House more than two months ago. It is the same bill in sub­ Beckwith, Dunnell, McComas, Smith, IlL stance which has been recommended by Secretaries of the Treasury Belden, Evans, McCord, Smith, W. Va. Belk.nap, Ewart, McCormick, Smyser, during the last two or three Administrations. Bergen, Farquhar, McKenna, Snider, Mr. STEWART, of Vermont. Including Cleveland's? Bingham., Feat.berston, McKinley, Spooner, ·. Mr. McKINLEY. Including the Administration of President01eve­ Bliss, Finley, Milliken, Stephenson, Boothman, Flick, Moffitt, Stewart, Vt. land, and is practically in many of its features what was in the Mills Boutelle, Flood, Moore,N.H. Stockbridge, bill in the Fiftieth Congress. It is a bill, Mr. Speaker, not to increase Bowden, Gear, Morey, Struble, rates of duties, as my friend [Mr. Mcl\IrLLIN] suggests, but a bill to Brower, Gifford, Morrill, Sweney, Browne, Va. Grosvenor, Morrow, Ta.ylor,E.B. prevent frauds upon the revenue, to protect the honest merchant and Buchanan, N. J. Hall, Morse, Taylor,J.D. the honest importer against the dishonest importer and the dishonest Burrows, Hansbrough, Mudd, Taylor, Ill. consignor and consignee. I want to state that in the restoration of what Burton, Harmer, Niedringhaus. Thomas, Caldwell, Haugen, Nut-e, Townsend, Colo. is called the co,vering clause of the statute we have excluded from that Candler, Mass. Henderson, Ill. O'Neill, Pa.. Townsend, Pa. restoration wliat was in the l:l.w prior to 1883, the cost of inland trans­ Cannon, Henderson, Iowa Osborne, Vandever, portation and commissions. Carter, Hermann, Payne, Van Schaick, Caswell, Hill Payson, Waddill, 'Ibis provision is believed to be necessary to the honest administra­ Cheadle, mu: Perkins, Wallace, Mass. tion of the customs laws and will impose no hardship, but make easy Clark, Wis. Houk, Pickler, Wallace, N. Y. and simple the execution of existing law. The effect upon the revenue Coleman, Kennedy, Post, Wickham, Comstock, Kerr, Iowa Pugsley, Wi l liamsJphio is not accurately known, but it will not be what is claimed by the gen­ Conger. Ketcham, Raines, Wilson, 'va.sh. tleman from Tennessee. Connell, Kinsey, Ray, Yardley. The necessity for this section is shown by the report of the Commit­ Craig, Knapp, Reed, Iowa Lacey, Reyburn, tee on Ways and Means, reporting the bill originally, which I read: Cutcheon, NAYS-13. The object of this section is to obviate the insuperable difficulties attending Earwig, Enloe, MulQ.._hler, Turpin. the administration of the seventh section of the ta.riff a.ct of l\Iarch 3, 1883, as Buckalew, Flower, O'Ferrall, interpreted by the courts, notably in the case of Oberteuffer fls. Robertson, Campbell, Lewis, Paynter, wherein it was held in effect that the dutiable value of imported merchandise Cowles, McCarthy, Stockdale, is not its value in condition as generally bought and sold in the foreign mar­ kets, but in a condition divested of coverings of every kind and of a.ll costs or NOT VOTJNG-188. charges for wrapping, folding, ticketing, and other expenses necessary to place Abbott, Baker, Bland, Brookshire, the goods in a marketable state. Adams, Bankhead, Blount, Brosius, Early after the passage of the a.ct of 1883 Secretary Folger invited the atten­ Alderson, Barnes, Boatner, Brown, :J.B. tion of Congress to the difficultles encountered iu administering this section, Allen, Miss. Bartiae, Breckinridge, Ark. Browne, T. l\!. and Secretaries Manning and Fairchild repeatedly expressed to Congress their. Anderson, Miss. Bayne, Breckinridge, Ky. Brunner, views as to the impracticability of securing the just appraisement of merchan­ Andrew, Biggs, Brewer, Buchanan, Va. dise while t.his section remained in force. l\'Ir. Fairchild, then Assistant Beere- Arnold, Blanchard, BricknP.r. Bullock,

,. -. I 1890. CONGRESSIONAL RECORD-ROUS~. 5343

Bunn, Frnnk, McCreary, Simonds, as follows: Yeas 127, nays 13, and with the members present and de-_ Butterworth. Funston, McMillin, Skinner, clining to vote, 62 in number, there being a constitutional quorum Bynum, Gei~enhainer, McRae, Spinola, ~~~ ~ ~~ ~~ present to do businesst the bill is passed. Carlisle, Gibson, Mills, Stahlnecker, Mr. OATES. Mr. Speaker, I did not vote on this questfon. I a!Il Carlton, Goodnight, Montgomery, Stewart, Ga.. Caruth, Greenhalge, Moore, Tex. Stewart, Tex. paired and have been for several days with the gentleman from Ohio Catchings, Grimes, ~!organ, Stivers, [Mr. THOMPSON). Cheatham, Grout, Norton, Stone, Ky. Mr. DALZELL. I did not vote, being paired with my colleague, Mr. Chipman, Hare, Oates, Stone, Mo. Clancy, Hatch, O'Donnell, Stump, REILLY. If he were present, I should have voted in the affirmative. Clarke, Ala. Hayes, O'Neall,Ind. Tarsney, Mr. McKINLEY. Mr. Speaker, I desire to ask unanimous consent Clements, Haynes, O'Neil, Mass. Taylor, Tenn. to recur to section 28, on page 36 of the bill, line 49, where a change is Clunie, Heard, Outhwaite, Thompson, Cobb, Hemphill, Owen, Ind. Tillman, made necessary by reason of fixing the time at a different date when Cogswell, Henderson. N. C Owens, Ohio Tracey, the law is to go into effect. The conferees on the part of the House Cooper, Ind. Herbert, Parrett, Tucker, and Senate did not feel that they had any right to make a recommenda­ Cooper, Ohio Holman, Peel, Turner, Ga. ·. Cotbra.n, Hooker, Penington, Turner, Kans. tion in their report of an agreement on this point, but it was agreed Covert, Hopkins, Perry, Turner, N. Y. unanimously on the part of the conferees of both the House and the Crain, Kelley, Peters, Venable, Senate that we would ask our respective bodies for unanimous consent Crisp, Kerr, Pa.. Phelan, Wade, Culberson, Tex. Kilgore, Pierce, Walker, Mass. to permit the striking out of the word ''passage,'' in line 49 of this sec­ Culbertson, Pa.. La. Follette, Price, Walker, Mo. tion in the bill, and inserting in lien thereof the two woras '' talring ef­ Cummings, Lane, Quackenbush, Washington, fect," so it will read "arising from acts done prior to the taking effect Dalzell, Lanba:m. Quinn, Watson. Dargan, Lawler, Randall, Wheeler, Ala.. of this act,'' instead of ''prior to the passage of the act.'' Davidson, Lee, Reilly, Wheeler, Mich. Mr. McMILLIN. What is the request of the gentleman from Ohio? De Lano, Lehlhach. Richardson, Whiting, The SPEAKER pro tempore. The gentlemanhas just stated the re­ Dibble, Lester, Ga. Robertson, Whitthorne, -· Dockery, Lester, Va. Roge1-s, Wike, quest. Dunphy, Magner, Rowland, Wiley, Mr. McKINLEY. The gentleman from Tennessee is familiar with Edmunds, Maish, Rusk, Wilkinson, tbe matter. · , Elliott, Mansur, Sa.nford, Willcox, Ellis, Martin, Ind. Sawyer, Williams, IlL Ur. BRECKIN I:UDGE, of Kentucky. I suppose the request ought Fitch, Martin, Tex. Sayers, WJ.l.son, Ky. to be stated by the Speaker to the House for the information of th~se Fithian, Mason,_ Scranton, Wilson, Mo. who did not happen to catch the suggestion of the gentleman from Ohio. Forman, McAdoo, Scull, Wilson, W. Va. Forney, McClammy, Seney, Wright, The SPEAKER p ro tempore. The Clerk wi_ll report the amendment Fowler, McClellan, Shively, Yoder. suggested by the gentleman from Ohio, and for which he asks unani­ mous consent. Mr. DALZELL (when the roll-call was concluded). I am paired The Clerk read as follows: with my colleague from Pennsylvania [l\fr. REILLY]; but as I under­ Strike out in line 49 of the bill, on page 36, section 28, the word "passage," stand a quorum has not voted I desire to vote. and insert the words" taking effect." . The SPEAKER pro tempore. The gentleman is marked present and The SPEAKER pro tempore. Is there objection to the request of the not voting. gentleman from Ohio? Mr. DALZELL. I believe I have the right to vot.e to make a quo- Mr. CRISP. There is objection. rum. Mr. McMILLIN. I will state that if this bill is to become a law The following-named members were announced as .paired until fur- that amendment ought to ~ a part of the bill. ther notice: Mr. McKINLEY. And the gentleman will remember that we were Mr. SCRANTON with Mr. NORTON. unanimous in our conference that we would ask our respective bodies Mr. SCULL with Mr. LAWL;ER. to do this. Of course, if any body objects that is another matter. Mr. GREENHALGE with Mr. w ALKER, of Missouri. Mr. BLOUNT. I wish to ask the gentleman from Ohit> if that change 1\ir. LEHLBACH with 1\-!r. STUMP. is rendered necessary because of the fact that the bill may take effect Mr. DALZELL with Mr. REILLY. some time after its passage? . 11r. PETE.RS with Mr. HOOKER. Mr. McKINLEY. We have fixed the time when the bill shall take Mr. COOPER, of Ohio, with Mr. OWENS, of Ohio. effect on the 1st day of August and have provided that all acts and Mr. w ATSON with Mr. STONE, of Missonri. limitations, etc., whether applicable to civil or criminal cases as to Mr. THOMPSON with Mr. OATES. bringing snits for can...~ arising under ex.is.ting law committed prior !Ir. COGSWELL with Mr. 0 1NEIL, of MasEachusetts. to the passage of the act shall continue until this bill goes into effect. Mr. GROUT with Mr. BANKHEAD. Therefore the necessity for the amendment. There will be about two Mr. BAKER with 1\Ir. TURNER, of Georgia. months when there will be no right of prosecution, etc. This sug- Mr. WADDILL with Mr. Bue.KA.NAN, of Virginia, until further no- gestion, therefore, is simply a proposition to save the rights of the tice, except on the river and harbor bill. Government as well as all interested and nothing else. Mr. WHEELER, of Michigan, with Mr. FITHIAN! until the 10th of Mr. CRISP. The only objection to unanimous consent entertained June. by this side is that we do not want, in any manner, by implication or Mr. LA FOLLETTE with Mr. BRECKINRIDGE, of Arkansas, until expressly, to remove the question that is now made upon this bill~ to Jnne 3. wit, that it is passed without a constitutional quorum. Mr. SANFORD with Mr. CRAIN: for three days. Mr. McKINLEY. As you claim. . For this day: Mr. CRISP. As we claim. That is the only objection, so far as I Ji.Ir. ARNOLD with Mr. WILLCOX. know. Mr. T. M. BROWNE with Mr. SPINOLA.. · The SPEAKER p ro tempore. The Chair will submit the question Mr. WADE with Mr. OUTHWAITE. again to the House: Is there objection to the request of the gentleman Mr. QUACKENBUSH with ]\fr. .ABBOTT. from Ohio. Mr. BREWER with Mr. DIBBLE. Mr. CRISP and Mr. TRACEY objected. - Mr. STIVERS with 1t!r. SENEY. Ma McKINLEY. Mr. Speaker, I move to reconsider the vote bo Mr. MILES with Mr. CULBERSON, of Tex.as. which the conference report was adopted; and also move that the mo­ Mr. WRIGHT with Mr. CooPER, of Indiana. tion to r~onsider be Jaid on the table. Mr. DE LANO with Mr. RUSK. The la.fter motion was agreed to. On motion of Mr. McKINLEY, by unanimous consent, the recapit­ ENROLLED BILLS AND JOINT RESOLUTION SIGNED. ulation of the names was dispensed with. Mr. KENNEDY, from the Committee on Enrolled Bills, reported The SPEAKER pro tempore. The Clerk will report the nn.mes of the that they had examined and found truly enrolled bills and a joint res­ following members noted under the rule as present and not voting. olution of the following titles; when the Speaker pro tempore signed The Clerk read as follows: the same: Mr. A.JH>REw, Mr. BLANcHARD, Mr. BLOUNT, Mr. B!mCK:nmIDGE of Arkansa.s, · A bill (S. 1900) to provide for the erection of a public building in 1"'.lr. BRECKINRIDGE of Kentucky, Mr. BRICKNER, Mr. BRUNNER, :Mr. BUNN, Mr. th •t f C to Ohi BYNUM, l\Ir. CANDLER of Georgia, Mr. CHIPMAN, Mr. CLEMENTS, Mr. COBB, Mr. e Cl y 0 an n, o; CoGsWELL,Mr.CoTHRAN,l\fr.CRxsP, ~r.DALZELL , l\Ir.DAvrnsos,l\Ir.DoCKERY, A. bill (S. 2451) gl1Ulting a pension to Juliet Opie H. Ayers; and Mr. EnMUNDs, Mr. GEISSENRAINER, Mr. GoonNIGHT, Mr. GRI:m:s, Mr. RABE, Juint resolution (H. Res. 127) to print the eulogies upon William Mr. lIA.TOH ?.Ir. HA.YES. l\Ir.HAYNES,l\Ir. HEMPHILL, 1\Ir. Hfil.-i>ERSON of North Carolina, Mi'.. HOLM.AN, Mr. KILGORE, Mr. LA.NE, Mr. LANHAM, Mr. LESTER of D. Kelley. Georgia., Mr. LESTER of Virginia.. Mr. MANSUR, Mr. l\!A:RTIN of Indiana., Mr. DENISON AND WASHITA VALLEY RAILWAY. MARTINofT0X.!15,?tlr.McADoo,Mr.l\fcCLA.11DIY,Mr.M<;CREARY,"Mr.McMn.Lm, Mr. PERKINS. Mr. Speaker, I submit a privileged report from Mr.l\ICRAE,Mr.MILLS,Mr. MORGAN, Mr.0ATE3, Mr.OUTHWAITE,Mr.PA.RRETT, . -I"'. Mr. PETERS, Mr. RICHARDSON, Mr. RoGERS, l\'Ir. ROWLAND, Mr. SAYERS, Mr. comnuttee of COillerence. STEWART of Georgia, Mr. STONE of Kentucky, Mr. TILLMAN,MJ:. T~CEY, Mr. I The SPEAKER pro tempore. It will be read. · w ASHINGTON, Mr ..w~. Mr. WILKINSON, Mr. WILLIAMS of Illinois, and Mr. · The Clerk read as follows· 'VILSON of Wes~ Vlrgmia.. The committee of confe:renc~ on the disagreeing votes ~fthe two Houses on The SPEAKER pro tempore. On this question the recorded vote is the amendments of the Senat~ to the bill (H. R. 856) to a.mend section 1 and seu-

~. . ' .:. .- / ' ·. 5344 OONGRESSIONAL REOORD-HOUSE. MAY 27,

tion 9 ofa.n act entitled ".An act to authorize the Denison and Washita. Valley .APPROV.AL OF THE LEVEE SYSTEM. Railway Company to construct and operate a railway within the Indian Terri­ tory, and for other purposes," approved July 1, 1886, having met, after full and · ?tfr. COLEMAN obtained unanimous consent to have printed in the free conference have agreed to recommend and do recommend to their respect­ RECORD the following resolution of the General Assembly of Louisiana! ive Houses as follows: That the House recede from its disagreement to the Senate amendments to Concurrent resolution No. I. said bill, and consent to the same. SECTION L Be it re.solved by the senate (the house of represe1itatives concurring · B. W. PERKINS, therein), That we, the General .Assembly of Louisiana in session convened, do SIL.AS HARE, unhesitatingly affirm and assert our entire confideneefin the levee system as at M. H . McCORD, present maintained for the protection of the people of Louisiana from the dev­ Managers on the part of the House. astation and destruction of their property and homes by disastrous floods. I JAMES K. JONES, SEC. 2. Be it resolved, etc., That we do condemn what is known as the outl~t H. L. D.A WES, theory as impracticable and as destructive of the property interests of this State Managers on the part of the Senate. a.ndpeople. S. P. HENRY, The statement accompanying the report is as follows: Speaker of the House of RepTesentatives. This bill (H. R.856), as it passed the House, extends to the Denison and Wash­ J Al\1ES JEFFRIES, ita. Valley Railway Company the right to construct its road from a point to be Li~ulenant-Governor and President of the Senate. selected by the company on Red River, near Denison, Tex:., and running north­ FRANCIS T. NICHOLLS, easterly to a point near Fort Smith, .Ark., with the right to operate a branch Governo,• of the State of Louis£ana. running in a northwesterly direction through the Indian Territory and Okla­ Approved May 16, 1890. homa. to the southern boundary of K ansas. Sa.id House bill also provides that .A _true copy of the original. one hundred miles of said rail way shall be built by said company within three L. F. MA.SON, Secretary of State. years from the passage of the a.ct, or shall forfeit its rights as t-o that portion of the railway remaining unbuilt. Mr. McCLAMMY. Mr. Speaker, I desire to make a. similar request. The Senate amended said act, and provided thatsaidcompanybegranted the right to build its road from "a point of intersection with the St. Louis and San I ask that a bill with a preamble be printed in the RECORD. The pre­ Francisco Railway in the Indian Territory northeasterly to Fort Smith, .Ark.," amble explains its provisions and the absolute necessity for its passage. with the branch provided for in the House bill. The Senate amendment also It is one that is indorsed not only by every Farmers' Alliance, but also provides that said company shall build 50 miles of its main line and 50 miles of its branch line within three years from the date of the passage of the by every workingman in the country, and I hope I will have unani­ act, or forfeit its right to that portion of the line not then built; and shall com- mous consent to have it printed in the RECORD. plete both its main line and branch road within two years thereafter. • There was na objection, and it was so ordered. The conferees, finding no material difference in the bill as amended by the The bill follows: Senate, have agreed to said amendments. is as B. W. PERKINS, .A bill (H. R. 10553) authorizing the issuing of legal-tenders for schools and other SILAS HARE, purposes based on t.he lands of the United States. M. H. McCORD, Whereas we have in the United States 3,00'l,990 square miles of territory, or HO'Use Oonferees. about 2 300,000,000 acres, and if we deduct from this amount 800,000,000 acres for rivers, mlets,1 sounds, swamps, mountains, and barren lands not available for 1\Ir. PERKINS. I demand the previous question on the adoption of agricultural purposes, we would have 1,500,000,000 acres of good tillable land; the report. and The previous question was ordered; under the operation of which the Whereas the area deducted embraces our finest water-powers, including all our sounds that a.re now used for oyster culture, together with thousands of conference report was adopted. acres that will in the near future be so used, it would also include all our inlets and other waters from which a large per cent. of our fish supply is now and must ORDER OF BUSINESS. always be obtained, and all our mountains in which are found gold, silver, iron, Mr. HENDERSON, of Illinois. I movethatthe House resolve itself coal, together with other of the precious and useful minerals in an almost inex­ haustible quantity. The area deducted as not now available is six: times larger into Committee of the Whole House on the state of the Union for the than G1·eece, nine times larger than Denmark, eleven times farger than Belgium further consideration of the river and harbor bill. or Netherlands; larger than the combined areas of Servis., Po1·tugal, and Peru, Pending the vote- or larger than England, Wales, Scotland, and Ireland combined; and Whereas before there was a. sod turned on the prairies the Government said :MESSAGE FROl\I THE PRESIDENT. that our public lands were worth $1.25 per acre, and since t.bat time railroads have been built; civilization has redeemed and made profitable millions of The SPEAKER pro tempore laid before the House the following mes­ acres; school-houses, churches, farm-houses, mills, factories, towns, and cities sage from the President of the United States: have been built, and the value of these lands enhanced a hundred-fold; and To the House of ,Representatives: Whereas it was from the public Treasury-from the people-the funds to pay In compliance with resolution of the House of Representatives of the 23d for much of this vast domain were taken; from the people, in tax and toil, was instant (the Senate concurring), I return herewith the bills W· R. No. 880 and. taken the capital required to build and make the improvements seen on every 2007) entitled respectively "A.n act to amend an a.ct-entitled .An a.ct to author­ hand; and from the people was taken, by the strong parental arm of Govern­ ize the Cairo and Tennessee River Railroad Company to construct bridges ment, the money they bad toiled for to pay for wars, when, l>Y force, we added ncross the Tennessee and Cumberland Rivers,' approved January 8, 1889," and area. to our country; and ".An act granting a pension to the widow of ~dam Shrake." Whereas when this parental Government of ours considered its dignity in­ • . BENJ. H.Ar..RISON. sulted, and called on its children to surrender to the parent the dearest of all 1 EXECUTIVE MANSION, May 26, 1890. earthly possessions, liberty and life, that with child-like obedience tb.e people went at the parent's call; for the time being they gu.ve up their liberty, they en­ TRA.NSPORTATION BETWEEN THE UNITED STATES .A.ND CAN.AD.A. • dured privations, suffered discomforts such as only the 9'tldier knows, and thousands of the people, from Bunker Hill to the last Indian campaign, lost The SPEAKER pro tempo1·e also laid before the House the following limb or life to save the parent, the Government. These patriotic children yearned for wealth, for the comforts and joys of home, but they loved the Gov­ Senate concurrent resolution; which was read, considered, and adopted: ernment more than all these, more than life ; surely, then, whatever we have, Resolved lnJ the Senate (the House of RepresentaU'IJes concurring), That there be all that we are, we owe to the people; and printed 15,000 additwnal copies of the report of the Committee on Interstate Whereas thousands of our people can not find employment j millions are Commerce, being report 847, Fifty-first Congress, first session, in relation to working for a bare pittance on field or farm, in factory or mine; the mothers of the transportation interests of the United States and Canada, o!which 5,000 the sons oft.he Republic a.re stitching, slaving, starving in our city garrets; the copies shall be for the use of the Senate and 15,000 copies for the use of the House sturdy farmer, who in the past has been our boast, comes to Congress in person of Representatives; and that there be printed 6,000 additional copies of the tes­ and by petition telling his l!lutferings, his losses, how, work never so hard, yet timony accompanying the said report, of which 2,000 copies shall be for the use he can not save the home where his children were born; our sisters, wives, and of the Senate and 4,000 copies for the use of the House of Representatives. mothers by petition appeal to you to aid them; they too have economized at every turn; they have for years known not of luxury; for other years, want LE.A VE OF .ABSENCE. has stared them in the face, and we ask of you, our Representatives, who is benefited by all this suffering and want? By unanimous consent, leave of absence was granted as follows:' We beg of you on your return home to visit, not your wealthy friends in the To Mr. CARLETON, indefinitely, on account of important business. cities, but, instead, go rather to the house of the honest laborer who has but To Mr. TUCKER, for one week, on account of important bus~. little food, and that the poorest, to give his little ones; we beg of you to go among the farmers, not among those who are known as "10 per cents," who grind the To Mr. COGSWELL, for ten days, on account of important business. poor even worse than the Shylocks; we ask of you to go among those ths.t toll CH.ANGE OF REFERENCE. m factory, fa.rm, or mine, not those who live on otiiers' toil, and then say who is benefited by all the want nnd misery you will have seen. The Shylock may By unanimous consent, the bill (H. R. 7352) to amend section 4787 accumulate more property but will he be benefited thereby? of the Revised Statutes, and othersections, which had been referred to .As individuals, by brooding over wrongs, grow insane, so do nations. Let France during her revolution illustrate the case.. Shylocks will not be bene­ the Committee on Military Affairs, was referred to the Committee on fited if anarchists are evolved by all this suffering and want. Invalid Pensions. .Armies have never a.nd will never bold in abeyance the red hand when the Mr. RUSSELL. Mr. Speaker, I present a privileged report from the people grow infuriated and insane. The farmer, the laborer, our wives and mothers appeal to you t-0 aid us while yet you may. We have in the past Committee on Printing, and ask for its consideration. It will take but shown our devotion to the Government; we nsk that the Government shall now a moment. show the same devotion to us ; that you shall extend the same aid to us that we The Clerk read as follows: have in the past extended to the Government. In 1774 and '75 our then parent Government heeded not our prayers, our petitions. Will you not profit by their Res"(,l'Ved by the House of Re)J1"esentatives (the Senate concurring), That there be mistakes? printed of the report of the Smithsonian Institution and Natione.l l'rluseum for We come to you with the best security that God bas given us, a. security that the year ending June 30, 1888, and June 30, 1889, in two octavo volumes, for each needs no custodian-our lands-and ask of you to give us a currency based on year, 16,000 copies. of which 3,000 copies shall be for the use of the Senate, 61000 these lands, and thntthe currency so given shall be a Jegal tender for public and for the use ot the"House of Representatives, and 7,000 for the use of the Smith­ private dues. 'Ve ask of you to issue us currency to supply our needs, and wa sonian Institution. offer thirty-five thousand millions of real taxable security. But as individual indorsers we propose to secure the State school fund by five thonsa.nd millions Mr. RUSSELL. Mr. Speaker, that is a substitute resolution. of real property. If this country really belongs to the people then we ask that The SPEAKER pro tempore. If there be no objection, the original the amount provided for be divided pro rs.ta. to the States, for the people, for resolution will be laid on the table. • their use and benefit. Of late, we, the people, have heard much of the Constitution. We a!lk you 'There was no objection, and it was so ordered. who made it-did Congressorthepeople? Is the created superior to the creator? The substitute was adopted, and the resolution was agreed to. But why this unusual love? On the one hand in 1860 this love, this devotion, •

/ 1890. CONGRESSIONAL RECORD-HOUSE. ,/ - 5345

did not prevent very many from doing what they thought was best for their the States, our schools would be kept open for the school year, and much of people, but unheard of in the Constitution. the present revenue now used for public schools cot~ld be diverted to special Later on. many did not hesitate to go beyond granted powers for the people's lines. - • good(?). Weha.ve not forgotten all this, and this constitutional clo~k has ~een Thus our country would be developed eyenly and justJy in every direction. stretched and stretched a.gain until it is used on all oQCasions to hule· behmd, The business world would be re-energized. There is al ways a large percentage whenever a measure is displeasipg to your masters. of power required to run the machinery of a mill or factory· additional power · We beg to submit on a basis of 63,500,000 population the amount ihe States iR r <> qnired for the work that the mill or factory is expected to do. So it is in would receive. These estimates are based on State returns, and would y1u·y trade-in business. A large per cent. c>f t.he cuITency of the country is held, but little from the apportionment under the act: and necessarily so, for business operations. Mdnthly payments by corpora­ tions mean monthly accumulations to pay with; these and other reserYes re­ Alabama...... $4:), 000, 000 Missouri ...... $97, 500, 000 quire a large per cent. of our currency. With the amount added by.: the pro­ A1·kansas ...... 37,000,000 1\Ionla.na...... 4, 000, 000 visions of the bill to the present available currency there would not longer be ...... 45,000,000 K ebraska...... 83, O;)O, 000 a strain or any unusual friction-no sticking fast when a local machine was Colorado...... 10, 500, 000 New Hampshire...... ll,000,000 clogged. Our manufacturers have been so intent on business that they have Connecticut...... 22, 500, 000 New Jersey ...... 45,()()(l,OOO se~n but one side of the problem. Delaware ...... 5, 250, 000 New York ...... 190,000,000 Admitting that in order to induce manufacturing, whether it be an infant District of Columbia...... 9, 000, 000 North Carolina...... 53,000,000 indnstry or one infirm by reasons of age and competition, in a country where Florida...... 13, 500, 000 North Dakota...... 7,000,000 wages ought lo be higher and where rates of interest a.re higher than in Ohio ...... 120, 000,0-30 Europe, admitting that the manufact.urer needs a. protective tariff, you should gri~r!~~::::::::::::::::::::::::: :::::: 1rg: ::: ~ Oregon...... 9,000,000 remember thatthefa.rmer andlahorercan not have more for the products he ships Indiana...... 75, 000, 000 Pennsylvania ...... 150,00i>,OOO abroad. The farmer could only be benefited by a bounty on his products, leav­ Iowa ...... 55, 000, 000 Rhode Island...... 10, 000, 000 ing the laborer to get his share fr:om an increase of wages. Kansas ..- ...... 45,000,000 South Carolina ...... 40,000,000 Manufacturers should remember that when a 45 per cent. tariff tax is collected Kentucky...... 66, 000, O::JO South Dakota...... ~...... 12, 000, 000 from the consumer the consumer of the products must receive more for his Lo-gisia.na...... 32,000,000 Tennessee...... 55,000,000 labor or for his farm products, or he falls behind. Maine .... ~...... 20,000,000 Texas...... 60, 000, 000 If he does so he grows discontented and naturally seeks to remedy the differ­ Maryland ~...... 83, 000, 000 Vermont...... 10,000,000 ences by lessening the ta.riff tax. If relief is not obtaiued in some way he, like l\iassachusetls ...... 60, 000, 000 Virginia...... 60,000,0:JO the pendulum, swings to the reverse side, so that properties and business be­ Michigan...... 67,500, 000 Washington ...... -; ... 6,000,000 come more and.more unsettled and unsatisfactory. l\linnesota...... 45,000,000 West Virginia...... , ...... 25,000,000 But we ask you to remember that when the farmer can sell his wheat at $1.50 r.nssissippi...... 45, uoo, 000 Wisconsin ...... 60,000,()(){) per bushel, or his cotton at 13 cents per pound, or the laborer his day's work at from $1 to $2 per day, they will all pay n. higher tariff uncomplainingly than There is no discrimination between the banks and the farmers under this when wheat sells for 60 cents per bushel, cotton for 8 cents per pound, and labor bill; bot& receive money from the Government, both give security based on the for 50 to 75 cents per day. - lands of the people, and both at 1 per cent. . Just in proportion as the farmer's and laborer's receipts are.lessene~ his pow~r The revenue t-0 the S tates, from 1 per cent. per annum, would yield in the ag­ to purchase is lessened, so that the manufacturer who desires to mcrea.se his gregate $18,750,000 annually. business or profits should, for his own interests as well as for the interests of The bill proposes that the money so issued be loaned by the States, that ac· his country, advocate measures that would increase values. Give us enough cept the fund, on rea\ estate, for not longer t_han ten years, at 75 per c~nt. of its currency and we will not ask for bounties, and we will be able to pay our average assessed value for the five precedmg years, exclusive of improve­ manufacturers profits that· will be satisfactory. Make theory practical. The ments· and the amount is limit.ed to fi,500 to any one individual. farmer who, after paying nll expenses and his living, has 500 bushels of 60-cerrt We feel that our laborers and farmers can with the advantages confen-ed by wheat to sell has onJy $300 to apply to hls interests, or, if luckily he is out of this bill save their homes in the time allotted, and that in turn others ought to debt, to expend on improvements and extend his business. have the same advantages; that 75 per cent. of the real value of the land, then If during the year, by reason of a. 45 per cent. tariff tax, he contributes to the deducting the improvements, giYes perfect security; that the average for the Treasury of the United States $45 on the $100 of purchases ma.de that are duti­ last five years' assessment would prevent any advantage being taken, as no able, the farmer na.tura.lly seeks to lessen hi!! tax, arguing that his profits are one would want to pay unusual and unnecessary tax when he did not know less than 3 per cent., if indeed he has any, wh.ile he pictures the manufa-Oturer that he would be able to secure a loan, and that the limitation to $2,500 is made enjoying his IO per cent. and all the luxuries of life. so thR.t as large a number as possible could receive the benefits of this ad. You may dispute his position. You may state differences in amount of capi­ This limit.ation would prevent combines and large landholders from absorb- tal, but poverty is the most powerful of all logicians and he will at->eept no other ing the fund. · · conclusions than those already drawn. It would give the mortgage-burdened farmer, who in part.owns his land, or the But change the scene; raise the price of his products by increasing currency, laborer who is a. partner with the mortgageor in his house and lot, a. cha.nee to so that his 500 bushels of wheat shall sell for $750 instead of S3QO, so that the own the farm or lot in fact. laborer can sell a\l that he has to sell, his brawn and brain, for SlO per week in­ The cotton farmer could pay his interest on $2,500 with 250 pounds of lint cot­ stead of $4, and neither will st-0p to ask you your per cent. of profits. Tt1.riff dis­ ton instead of 2,500 pounds as now; the wheat farmer with one load of wheat, .cussions would be tabooed and once more competition would regulate indus- wh~reas on $2,500 he now gives a car-load as interest. There could \>e vei·y little, if any, loss, as real property would increase in tr\~~ do not raise enough wheat and meat to furnish all our people with a. value as the rate of interest decreased. One hundred acres of good land would healthy normal ration, and instead of sending our food products abroad we not only sell for more, but would be worth far more to the purchas.er at 1 per would either have to raise more or import instead of export, if all our people cent. than at 10. Each county would be anxious to secure the loans perfectly, were so situated that they could use as much as their natural wants call for. as their school fund would be conditioned on the interest paid. We hayseeders deny that a. derangement of ~a.Ines would follow. We admit Ea.ch township, however remote, would by the pro rata plan receive.the same that a. readjustment of values would be the result of expansion of the currency. proportionate benefits that another would if solidly built up as a. city. There is We admit that ~olla.r would not purchase as much as now, but we would have no discrimination between town and country in this bill. Land-owners in a. more dollars to purchase with. In Siam, it is said, that for 50 cents you can get city enjoy the same benefits the farmer does. . a. good room and boa.rd and a. servant for a week. But by labor in Siam you The limitation clause has a tendency to increase small holdmgs, and thus aid can not get the 50 cents in a week. , those that at present are without hope ·of home. Public lands and those join­ In 1864, 1865, and 1866 our circulating medium was as large a.s that of France, ing railroads WQllld be rapidly taken up, as opportunities for improving them as large as it would be under this bill. You that were in the North r emember would come with this act. By the provisions of this bill those townships that that there was no congestion of money; it sought every corner, and while la.bor­ are sparsely settled, or not at all, would at the next census be enabled to obtain ers paid more for products and farmers and manufacturers paid more for la.bot: their just share~ and thus additional traffic, by reason of the ext.ension of our than now, all had much less difficulty in supplying t-heir wants, their needs, than operations, wowd inure to the benefit of all. . now. Our assets and our liabilities show the value of the security offered. New York 'Ve had ·neither tramps nor strikes. Our mills did not shut down. We are City would be ent.itled to about $50,000,000, to be loaned on its real estate at 1 gravely told that this was caused by an undue expansion of currency, that it per cent. per annum. That investors deem her security good is proved by the was not a. healthy state or condition. fa.ct that they have loaned twice that amount on her p11blic debt alone. How In reply, the people will tell you when November's chilly blasts reach you much more e!l.l!ilY could her private indebtedness be paid at 1 per cent. than 5 that on the contrary, in the light of facts, it has been clearly demonstrated that or6. since that time there has been an undue contractfon. They will tell you that Take a. rural township without a. village, 6 miles square, or a.bout 23,000 acres; you could no more redeem the indebtedness of the world with gold or silver lf it had a population of 1,000 it would be entitled to receive $30,000. Is not than you could with diamonds. They will tell you that a Government is but 23,000 acres of g-ood improved land security for $30,000? Investors have loaned an aggregation of individuals, and if it will not apply to the people, it ought many times that amount on the same class of security, and many of you Rep­ uot to Governments. resentatives kno.w of single farms of 500 acres or less with more than 830,000 But, more, the people will ask you by what right you have set yourselves upfo:r loaned on them. judges as to the amount of currency that we need. We claim that you have rio 1 If Mr. A.. is worth &$0,000 and has outstanding liabilities of $5,000 or less, his more right so to do than you have to tell us the amount and kind of food we ability to pay is unquestioned. Under the provisions of this bill, together with shall eat, though you have done both; you have said the amount we prescribe our present outstanding obligations, this would be about the ratio of indebted- of <'Urrency is sufficient for us, it must be for you; you have said that we must ness to our assets. - eat the coarsest kind of food and a.n insufficient amount, and for this we pro­ In 1837 the Government divided in this manner the surplus, pose to hold you accountable. In some States there were losses, yet the entire loss by that act of Congress . If prosperity is a synonym for expansion, then let the currency expand, as was not as great as the loss to the depositors in our banks in the month of May have our country, our capabilities, our opportunities, and our necessities..- You alone. In some of the States the fund divided in 1837 is still loaned to the peo­ v have been stal'ving a. giant : you have called it medication. 'Ve demand of this ple, while in many of the States the school fund is'.now, and has been for years, Congress, our servants, that you sh&l.l a.way with leeches.and cups, called con­ loaned in a similar manner. traction, a.way with cathartics a.i;id emetics called specie payment, a.!1~ a.way The amount we ask for, together with what we already have in use, would wit.h the quacks, they shall practice on us no longer; we w_ant a. phys1ci~n tha' only amount to as much per capita. as France now bas, and of all the nations of will give us beef and iron and legal~tenders; we want rehef and want 1tnow. earth she is most prosperous. Therefore be it enacted. - These legal-tenders, like our bonds, both issued by the Government, both a. mortgage on the lands, one bearing interest, the other not; both fiat money, be­ cause both are predicated on the power of the Government to tax the people Bill providing for the issuing of legal tenders based on the lands of the United and collect the same, and as all taxation is based on the productive, the desir­ States, and the allotment of the same, and for other purposes. ableness of the article taxed, so both the bond and the legal tender are primarily B e it enacted by the Senate and House of Representatives of_ the United. States of based on land, so that if one ha.s value the other would have. Again, this bill America in Congress assembled, That the Treasurer of the U mted States L'> hereby offers immediate relief, extending benefits to all. authorized and directed to cause to be printed, signed, and ready for issue for The people refunding their mortgage indebtedness would return a like amount the purposes hereinafter mentioned, legal-tender notes of the United States _ot to those from whom they had borrowed, and the amount so displaced would the denominations of ~. SlO, $20, S50, and $100, to the amount of $30per capita furnish an actual capital either in gold, silver, certificates, or legal tenders, upon to each of the States complying with the requirements of this act; and when­ which t-0 do a banking business. Each State would have within its borders ever any Territory shall be admitted as a State the Treasurer of the United funds with which to do a. banking business, and banking would be like mer­ States is hereby authOl'ized and directed to issue to the incoming State $JO per chandizing, a. business and not a. monopoly. capita in legal tenders provided for in this a.ct whenever the incoming State This fund would produce an annual interest amounting to 818,750,000 for our shall comply with the provisions of this .act. . • • schools. Giving our teachers a.n average of $400 for the ten months required SEC. 2. That the notes issued by the Umted Sta.t~s unde:r the provISiQDS of this of them, this fund would pay for the services of nearly fifty thousand teachers act shall be legal tenders for all dues and debts, public and private1 equal. with annually. In connection with the other school funds already provided for by gold and silver for sim.ilar amounts, except' the interest on the pubhc debt, XXl-335 .- .- . I

1 5346 CONGRESSIONAL RECORD- HOUSE. MAY 27,

SEC. 3.-T'nat the notes so issued shall be held in the United States Treasury length of time which is allotted for debate, it will be utterly impossible nnlil such times as the States shall by law provide for the distribution and col­ lection of the same, together with the annual interest, to be applied as herein· to discuss this subject in anything like detaiJ. I have v-0ted for every after directed. river and harbor bill which has been passed when I have been present SEc. 4. The Superintendent of the Census of the United States iit hereby di­ for the past twelve Jl0fil'S. I expect to vote for this bill. I believe in rected at the earliest practicable moment to furnish the Secretary of the Tre.as­ nry a certified .copy on oath of the population of the different States, together it. I believe it the duty of the Government to improve all the navi­ with a certified copy of the population of the various towns, townships, citie~. gable streams of this country, to open up all its harbors, to promote counties, or ~1numes in each of the States, and the amount and distribution of the commerce and thus add to the financial prosperity of the people, the legal tenders so issued shall conform to the population as shown by the cer­ and I have no constitutional scruples on that subject, either. tified copies so furnished, and that at ea.ch recurring census the Superint~ndent of the Census shall forward to the governor of each State a certified copy of I must confess that, although I have devoted a great deal of thought the population of the different towns, townships, cities, counties, or parishes in to this subject, and while I know that the river and harbor improve­ each St.ate for the redistribution of this fund as hereinafter provided for. SEc . 5.· That any and all States accepting this fund under the provisions of ments have added millions upon multiplied millions to the commerce this bill shall divide the same pro rata between the several towns, townships, and upbnilding of this country, I am at the same time reluctantly led cities , counties, or parishes in proportion to the- population as certified to by to believe that the simple project of constructing levees is in some sense the Superintendent of the Census. SEC. 6. That any and n.11 States accepting this fund, under the provisions of a failure. That is to say, while it may promote the navigation and thUB this bill, shall allot to the several towns, townships, cities, counties, or parishes enhance the commerce of the Mississippi River, I think every observ­ the fund alloted to tbe State, and shall loan to the citizens of the State on real ing man must have come to the conclusion that there is some defect estate only, as equitably proportioned between the school-districts as possible, the fund accepted by the State, but no loan shall be for a. longer term thnn ten somewhere when the overflow comes, and that some additional remedy years: Provided, That nothing in this act shall be held to debar the reloaning as must be provided. It has struckme, and it seems to me that damming hereinafter des cribed. up the mouth ot the Mississippi can not have any other effect than to SEC. 7. Any citizen of the United States may make application for a loan to the proper auU..1orilies, to be designated by the States, under the provisions of increase the overflow; and it has struck me that in order~ stop this this bill: Provided, hower;er, That no loan shall be made except on unencumbered overflow there should be through Lake Borgne or some other means an real estate: Provided further, That no person shall be allowed to borrow under outlet by which this surplus of water can be run off instead of dammt3d the provisions of this bill more than S2,500 of this fund, and in no case shall the lo:ui exceed 75 per cent. of the average assessed >alue for the five years pre­ up, as I conceive the Eads jetty system must necessarily do to some ceding the loan; and in all cases the improvements of a. perishable character extent. shall be deduc~cd from the as~essed value. Now, I am aware, Mr. Chairman, that they characterize this project I SEC. 8. That at each reC' urring census the States shall reapportion the original r amount and again divide pro rata. to the several town.ships, towns, cities, coun­ as wild, as visionary, and the projector of it as a crank, ifnot a. lunatic; ties. or parishes, as herein described, and that all loans shall be due and payable but I would remind the gentleman that no great inventor has escaped on the•lst of January-, afte1· the taking of the decennial census by the United a like characterization during the history of civilization. Why, l'lfr. States: Provided, If in any case losses occur the amount lost shall be deducted from the amount allotted to the county where the loss was sustained. Chairman, the cranks of one generation become the philosophers of the SEC. 9. That the amount due the se>eral towns, townships, cities, counties, or next. The cranks of this generation will be the philosophers of the parishes at each subsequent State allotment be loaned first to those complying generation to succeed us. We may Jook upon this project to-day as wild with the provisions of this bill who have not under other and previous allot­ ments taken advantage of the benefits conferred by this bill, and after all who and visionary, and you may characterize this old man as a crank-- have not previously borrowed under the provisions of this bill then any others Mr. CLUNIE. Will the gentleman permit me to ru:k him a ques- applying and complying' with the provisions of this bill may receive such tion? oan. S&c. 10. That when any State complying with the provisions of this a.ct, and 1\Ir. HOUK. Certainly. b ving received from the Treasurer of the United States $30 per capita for each Mr. CLUNIR Which generation do you belong to? of its in habitants, then the State shall allot and loan a!! herein directed the legal ~Ir. HOUK. I belong to this generation. [Laughter.] This old tenders so received at 1 per cent. per annum, and no more; c.nd no part of this man may be characterized as crank, but it seems me that there fund shall be n sed for any other purpose or in any other manner than is pro­ a. to is vided for in this act. a vast amount of good sense in bis idea which be suggests here of hav­ SEc. 11. That in all cases the loan must be secured by a first mortgage on real ing provision made to get rid of this surplus of water which creates the estate that the proper county officials shall certify has at the time the loan is made no mortgage, lien, judgment, or annuity or other incumbrance of any overflow. In order that he may be permitted to speak for himself: I kind whatsoev:er against it, provided that where a mo1tgage, lien, or judgment insert the following letter in his own defense, as well as in defense of 1 is already given against the land nothing in this act shall be construed to pre­ bis project, ''the Lake Borgne outlet. , vent the paying off of such judgment, lien, or mortgajre with the loan from the WASHL-..GTON, May26, 1890. State under the provisions of this set. Ilon. L. C. Houx:: SEc. 12. In all cases, preference shall be given to those whose lands are mort­ If members of Congress will examine my testimony, taken April 26, 1890, and gaged, if they comply with the provisions of this a.ct. printed by the Senate Commerce Committee, commencing on page 9, at. the SEC. 13. That a failure to pay interest on the loan when due. and allintereston words, "But in order to defeat," and continuing to the bottom of page 13, they this tundsball bedueandpa.yabJeJanuary lofeach year,shallentitle the proper 'vill see by the highest engineering authority in this country that there is no authoritie.s in the counties or parishes to foreclose the samee n the 1st day of foundation for the assumption set up by Mr. CATCH.ems that there ever was Feb1·uary after falling due January 1, and the cost of foreclosure, together with any shoaling of the bed and channel of the Mississippi River below the Bonnet the loan, shall 'be deducted from the purchase money and the balance paid to Oarre and the Jump outlets, aud by the same authority that there never could the mortgageor: Provided, That the purchaser shall, if complying with this act, be any shoaling below the Lake Borgne outlet when made. be allowed to hold tile loan for the balance of the term loaned for. The fac.t as to the lowering of the flood-line above and below the outlets of SEc. 14. Thnt the interest on the fund allotted under this act shall be applietl Bonnet Carre, Morganza., a.nu .Atchafa.laya has been denied. • o the school fund for school purposes: Provided, That no part of the fotere But the following table will show what effect they did have in lowering the of this fund shall be used for the erection of school buildings. flood line above and below those outlets until the two first named were closed SEa.15. That this act r epeals all acts or parts of acts inconsistent wilh this • ~Y levees: and that it b e in force on and after its passage. ORDER OF BUSINESS. C Mouth v· .,__ Mouth l\J Years. ar- R. ed INatchez. ic....,,.. 'Vhlte e~- The SPEAKER pro tempore. The question recurs on the motion of rollton. River. burg. River. phis. the gentleman from Illinois [Mr. HENDERSON] that the Hou8eresolve "tselfinto Committee of the Whole House on the stateoftheUnionfor the further consideration .of the river and harbor bill. Ft.. in. Ft. in. Ft. in. Ft. in. "Ft. in. Ft. in. The motion was agreed to. Oscillation ...... 17 0 47 0 49 0 52 0 47 0 35 9 4 4 7 8 9 2 11 8 3 9 3 3 'I'be House accordingly resolved itself into Committee of tbe Whole m~ :::::: :::.:·.-.:.::·:::~:::::::: : :::::::::: 1 G 0 0 4 0 6 6 0 2 1 9 Hoase on the state of the Union, M:r. AI.. LEN, of .Michigan, in the chair. 1875 ...... G 0 6 5 7 4 9 ·4 1 6 2 7 1876 ...... , .... - ...... 4 6 ..2 6 6 0 7 5 0 1 1 0 RIVER. A~TD HARBOR BILL. 1877 ••••••••••••-•""'""''"""""""'""'""' 6 2 (*) (*) ll 5 2 2 3 6 Tbe CHAIRMAN. The House is in Committee of the Whole for the - Total average below further consideration of the river and harbor bill. high-water mark.- ..... 4 6 4 6 9 a j 1 ll 2 6 Mr. HENDERSON, of Illinois. Mr. Chairman, I think that the ol sl amendments that were submitted by the gentleman from Tennessee '" No report. [Mr. HoUK] and the gentleman from Indiana [Mr. HOLl!AN] are pend­ The average of which wa.s 4 feet 6 inches at Kew Orleans; 9 feet 3 inches at ing and are now to be considered by the committee. Vicksburg, 400 miles above; when at the mouth of the ·white River, 600 miles The CHAIRMAN. The question is on the amendment offered by above, it was lfoot and ll inches; when at Mempbis, BOO miles above, it was2 feet 6inches. The.upper gauges showed the great volume of water in the 1\lis­ the gentleman from Tennessee, which the Clerk will report. , sissippi River which came pourfog in from the Arkansas, the White, and the ... M.r. HENDERSON, of Illinois. .Mr. Chairman, as that amendment St. Francis Rivers. has already been read once, as it is very long, and as it has been printed In order to refute =other assumption that Lake Borgne would soon fill up, I call your attention to such tidal and similar outlets its the Southwest and in the RECORD, I ask unanimous consent to omit the reading of the South Passes, that have been ftowing for one hundred and sixty-nine years. Nor amendment. with .Balize Pass and Pass A l'Outre, that have been flow mg for fully two hun­ The CHAIRMAN. If the amendment bas been re:td once it is not dred years; nor with the Jump, that has been flowing for for~y-seven years; nor with Cubit's Gap, that has been tl.owin~ for twenty.five years. neces&'l.ry for it to be read again. It is through all these passes that the ?.Iississippi discharges its volnme that Mr. HOUK. It is true that the amendment was partially read on passes New Orleans, which at flood period is, 1,100,000 cubic feet per second. S..'\turday, and, presuming the House understands the purport of it, I Durin"' all this time these tidal outlets have been pushing out their subdelta formations with bars a.cross their mouths, over which passes all the river will not insist on its being read again. I desire simply to offer a very water to the Gn.lf that enters at their h.ead, and never have nor never will close few reflections in regard to it. This amendment provides for what is up; and as the same laws will govern the new tidal flood mouth into the known as the Lake .Borgne outlet. It provides that Capt. John Cow­ Gulf of Mexico, through Lake Borgne, in forming its channels and building up its banks and filling up the lake and Gulf on either side, there is no good reason don and his associates may open Lake llorgne and make an outlet for to say it will fill op and stop discharging any more than is there reason to say the overflow of the Mississippi througQ. that means. Of course, in the the above-named passes will close up. ·.

1890. CONGRESSIONAL RECORD-HOUSE. 5347

Because I maintain that the flood waters or 2, 100, 000 cubic feet per secon.d and 5.80 feet below, the velocity of the current below the break being more ftowin~ in, when at the same time the outflow through the mouth of the Mis­ than 1 foot per second greater than above and actually an increased velocity of sissippi River is only 1,100,000 cubic feet per second. can not be controlled with· 6per cent." out outlets near the lower end or the river, Mr. CATCHINGS takes it on him· This was a very natural result, for it was a demonstrated fact that by the dis­ setr to make the following statement: charge of one-twelfth of the volume of the river through the crevasse the flood "We do most earnestly object to turning the noble stream over to be experi· was lowered 4 feet at New Orleans, 40 miles below, in as many days, and in mented with and wrecked and ruined by ignorant theorists and irresponsible consequence thereof the current in the whole river, both above and below the tinkerers." . outlet, was increased precisely as above stated by General Humphreys. This reminds me of what was said of Galileo, or Columbus, ofWa.tts,ofStephen­ General Humphreys, when before the House Commerce Committee on the son, of Arkwright, of Hargra,.·e!. of Whitney, of Fulton, or Ericsson, of Frank· 5th of April, 18-'2 (see page 66 of that report), responded as follows: lin for taming the lightning, amt of Morse for learning it to talk. "l\Ir. REAGAN. There is a question of fact, General Humphreys, t.bat we All those and many more such men had to contend with the prejudice, the wanted to get your views about-as to whether, where outlets are formed on selfish and educated ignorance of the age in which they lived, and also with the river, there is a shoaling of the channel below those outlets, whether such the many fools who happened to bold high places, and, unfortunately for the an outlet slackens or accelerates the current and shoals or does not shoal the country, we have a new crop of them. river below." The debate in Congress on the Morse telegraph bill should learn these men "General HUMPHREYS. That matter was very carefully examined into by my­ something, but I fear it never will. self when I took charge of the surveys of the Mississippi River in 1850. There One sage of wisdom wanted to give one-half the appropriation to test Miller­ is not a single fact that goes to show that any shoaling whatev"er has been made i!!in, when ano~her wanted to divide it into thirds to test mesmerism, when a below any of those crevasses. The Bonnet Carre crevasse wn.s a great one, and third man, more wise than all, did not know the difference between "teleg­ it was stated that the river bad shoaled below the c.revasse, but the measure­ raphy, Millerism, and mesmerism;" and when the vote was la.ken it was 89 to ments showed that it had not, and that the bottom there was of ha.rd clay and 84, and had there been three or four more men in that Congress with wisdom was permanent. Those cr0!1s-sections have been repeated from time to time, equal to the speakers referred to it is more than probable that we would not and haYe been found substantially the same• . The river has eaten a little into have any telegraph to-day. the e:i.st bank, but the cross-sections remain of the same dimensions, character, As regards responsibility, will l'tir. CATGHINGS tell us who is responsible for the and depth. destruction of nine tine plantations, two islands, and the caving into the river "That whole discussion as to the shoaling of the river below an opening grew of the levee at Illa.wara, which in 1882 overflowed and cost the people of Lou­ out of cei-tain theoretical views propounded by Italian professors some centu­ fsiana $20,000,t OO that year, and also the cause of the Raily crevasse this year, ries ago, in the consideration of questions connected with the Po and the Adige. that will cost many millions more? . They assumed that the ri\·er always carried a maximum amount of sediment, This was caused by the work of "ignorant theorists and irresponsible tinker­ the greatest amount that it was possible for a river with that velocity to carry, ers" in the Lake Providence reach, known as the l\Iississifpi River Commis­ and that if from any ca.use the velocity was decreased the current would imme­ sion. For the evidence of this see the sworn testimony o Capt. J. E. Mont­ diately drop this earthy matter until the surplus amount of sediment in the gomery, taken in 1888 by the Senate Committee on the Improvement of the swifter current wa'I deposited. So far as the Mississippi is concerned thequan· Mississippi River. tity of earthy matter per cubic foot of water carried in suspension by the river Yours, truly, JOHN COWDON. when it was highest and the velocity of the current greatest, both in 1851 and 1E53, was found to be but little more than the quantity it carried at dead low That Jetter does not sound much as if it were penned by a crank, nor water, when the velocity was loo.st and when tho soundings of th1' sun·ey does it show ignorance. · · proved that the river made no deposit in its channel. "Hence, if enough water had been taken from the river at the date of those The following extract from Montgomery's testimony will give you some idea floods to reduce its velocity nearly to that of the lowest stage, no deposit in as to the destruction of property caused by the work of the Mississippi River the channel could have occurred. The exact figures of sediment and velocity Commission, a body of men responsiole to no one and totally ignorant of what I do not now remember, but they are given in our report. That was true not they were doing: only at one point, Carrollton, where these observations were made fo1· several "They drove their piling over what is called Wild Cat Landing, above Island years, but also at Columbus, near the mouth of the Ohio. In other words, we 93, and that deflected the water to the right of the island. found ti.lat there was no fixed relation whatever between the velocity of the "There were about 2,000acres in that island. '£0-day there are not 50 acres in cunent and the quantity of earthy matter carried in suspension by the river. it. It tore it all a.way. · Tearing that island away deflected the water across the With the same velocity at difterent times very different quantities of earthy river on the Louisiana side, taking it from where it had gone down the Missis­ matter were found to be held in suspension. · sippi side, and it went over to what is called Vista Plantation. It commenced "Mr. RICHARDso:s-. If the outlet into Lake Borgne should only take out the cutting the bank there and went on down to Longwood Plantation-the one overflow, would H, in your judgment, injure the navigation of the river abovs adjoining. Judge Benham Jives there, and it cut a.way his store and within or below? twenty steps of his house. He hauled his house back half a mile, and to-day "General lIUMPHREYS. No. the levee is right across within a rod of his house, and the river is within 5 rods "Mr. RICHARDSON. And if it only took out the overflow, the surplus water, it of that levee, from that cb\nge. would relieve to that extent? "Marshall, the Government engineer, was still there. He then commenced "General HUl!PHREYS. It would relieve to that extent, of course; but in say­ and drove two lines of piles from the Louisiana side straight over in low water ing that it would relieve the overflow to that extent in that locality I do not towards the middle of the river, 300 yards out, and put his mattress and rock wish t-0 be understood as e~pressing any opinion about the capacity of such an in. He said, 'I have got it now; I will hold it.' That deflected the water across outlet or the difficulty of constructing it." to the Mississippi shore to the head of the island. We call it Stack Island, the In the discussion of this subjec~. General Humphreys, on page 419 of his re­ sand-bar there, with 3,000 acres in it. It cutaway that sand-bar and went right port, said: through that island into the chute. The chute has been dry for torty years "The facts above cited establish that there is no evidence that any filling up whenever the river has been 12 feet below its banks. It washed that island out of the bed eve1· did occur in consequence of a high-water outlet; and, moreover, _ until there were 50 feet of river in the island chute. It channeled the river that it is imposs ble that it ever should bccur, either from the deposition of sedi­ through the island and down the chute. Then it cut away the plantation of mentary matter held in suspension or from the accumulation of material drift­ Ben Lomond, opposite Providence, filled up the bend of Providence, across the ing along the bottom. The conclusion is then inevitable that so far as the river river, 2! miles altogether, and went into the Dee.son plantation, now owned by itself is concerned they are of great utility. Few practical problems admit of so J. W.:Montgomery,and cut his bank away half a mile. He moved his house positive a solution. back three-quarters of a mile. ' "And that * * * if outlets are to be made, Lake Borgne is the place to try' "H swept~ut that bend and went on down to Jim Bass's place and tore that them." out, and to Abe Bass's and tore that out; and then made a deep bend and de­ On page 417 be says: flected across to Mohawk Point, and that turned the water right into t.11e chute of Ninety.five over on the Louisiana side, and the whole river went through "These observations demonstrate beyond question that no practicable high­ water.outlet or waste-weir c~n occa!iion any filling of the channel by deposition that chute. making another cut-off. Then that threw it across to the Mississippi of sedimentary matter held m suspeusion by the water." shore, 3 miles below, and carried away Christmas'splaceentirely, also the place On page 416 he further says: below it, called Cottonwood, and that drove it down through an island chute "An extended series of measurements has been conducted to testify the cor­ that had not been navi~a.ted tor twenty-five years. The chute of islands Ninety­ rectness qi two very important assumptions upon which is based the conclu­ five and Ninety-seven (the two islands are together} it went right through; filled sion that outlets will raise the mean level or the bed of the Mississippi River; up the bend at Transylvania; went across the river and struck just below the they have demonstrated both to be erroneou·s." foot of this island, into a plantation called Illawara.; went in and cut the levee So muc.h for the testimony of General Humphreys, a man whose statements in two, and drowned everybody out there, and it also drowned out eleven par­ no one can question. , ishes from that to the Gulf, down through the Tucka.paw country, costing the I will now refer you to what was said on this point by a board of engiueers in cotton and sugar planters 520.000,000 in 1884. That is what the commission did 1875, appointed by Congress to examine into the report on "the reclamation of in Lake Providence Reach." the alluvial basin of the .l\lississippi River." On page 9 of their report they say: To further explain and throw light on the Lake Borgne outlet pro­ "But, it is alleged, actual measurements have established that great crevasses ject and show its probable effect, I insert the following from Captain do create bars in the river below them, and the several breaks at Bonnet Carre Bend are cited in support of this statement. This is an error of fact. No such Cowdon's statement before the Senate Committee on Commerce: evidence really exists. The mistake has been caused by the discovery from But in order to defeat this outlet being made the River Commission have said, soundings ma.de after the crevasse had cease cl to flow that the channel below is among other things, that the outlet would shoal the river below. This slate­ srnalle1· than that above, and it has been assumed that the difference is due to . ment was made in qne of their first repo.rts and is as follows: crevasses. The truth is there is a natw·al contraction in the channel at this "As a portion of the volume of the river is drawn by the crevasse, it is im­ point, which has remained unchanged for at least a quarter or a century, and it possible that the current below the creva.sse can then be as rapid as it was be­ is highly probable that this contraction, combined with the sharp change in the fore its occurrence. Being less rapid, it is unable to sustain the whole quant.ity direction of the river and the excessive height and sandy nature of the levees, of matter held in suspension by the more rapid current above the outlet, and is the cause of t-be many breaks a$ this locality. 'l'o put this matte1· beyond oonsequently its surplus sediment falls to the bottom below the crevasse.'' cavil, a. resounding of the old lines, as nearly as the want of e.xact bench-marks Subsequently, when called upon by the House Committee on the Improve· would permit, was made for the commission by Mr. G. W.R. Bailey, of Louisiana, ment of the Mississippi River, the president of the River Commission, General in September,1874. He m.ade a map of five cross-sections of the river, which Comstock, said that there were no data for making the above-quoted statement, we1·e carefully compared with the original plats now on file in the Bureau of and at the same time he said that the outlet at LakeBorgne would undoubtedly Engineer Department of Army, at Washington. . · relieve the river of its floods, and would do no harm to the channel of the river "The results, considering the fact that the high waters of different floods are below the outlet. Again, upon this same subject of a fill below outlets, in the used as the data, show a surprising accordance and put this ·vexed question annual report of the River Commission for 188.5, Appendix A, alter an exhaust­ forever at rest." ive d .iscussion, on p::i.ge 2878, he concludes as follows: So much for the river just below the outlet. I will now refer you to the report "It seems that the (eleven) cases considered give practically no support to the of Maj. C. W. Howell for 187-7, who ln the following table gives the deptll of theory under consideration." • the channel in Southwest Pass, then the main and deepest outlet to the Gutr, In the face of these statements General Comstock now contradicts himself, where there are no jetties: and claims that the Lake Borgne outlet would shoal the river below when made. Feet. I will now quote what General Humphreys, the late ChiefofEngineers, United States Army, on pages 418 and 419, said with reference to the effects of the Bon­ ~:i: ~: ~:!~~~:~·:::::::::.:·:.:·.~:::::::::.~·::.::·::::::::::::::::::::::::::::::::::: : :::::::::::::::::: ~% net Carre outlet, 1t being the only one where the effects conld be similar to those of-the proposed 1-m ile wide outlet at Lake Borgne: "The mean discharge of the river above t-he out.let was 1, 100,000 cubic feet per f!E fil: fn~·:::::·::·::·:·::::::·:::::::::·:::::::::::::::::·:·:·::::::::~:::::::::::::::::::::::~::::::::::::::::: ~7' second, while the mean velocity of the river was 5.44 feet per second above, This was when the outlets of Bonnet Carre, the Morganza, and the Atchafa­ when below the crevasse the velocity was 6.66 feet per second, while the cor· laya. were all open and discharging about 500,000 cubic feet per second and kept; responding velocity at the bottom was 4.72 feet per second above the cre,·asse the water down at New Orleans 6 feet 2 inches below the Qi~h-water mark,

'· 5348 CONGRESSIONAL RECORD-HOUSE. MAY 27,

when nt Vicksburg it lacked 11 feet and 5 inches of being to high-water mark, that so far as the river itself is concerned they are of the greatest utility and few when up at the mouth of White River it lacked only 2 feet and 2 inches of being practical problems admit of so positive a. solution. If outlets are to be used to high-watermark. however, Lake Borgne is the locality for that trial. ' In !-his connection I 11ow call your attention to another assumption of the Thisloca.~ity is where the Mississippi most nearly approaches Lake Borgne, River Commission, as may be seen in thejr i·eport, Ex. Doc. No. 58, page 12, about 11 miles below New Orleans. second session, Forty-sixth Congress. They said: The distance from the stream to the lake is about 5.5 miles. "Should the outlet be made to connect the river with Lake Borgne results The fall of the ground from the bank of the river to the edge of the swamp (a precisely similar to those which haye occurred at Cubit's Gap and the Jump distance of about 3,000 feet) is 8 feet. • · must be confidently anticipated." From. that point to the lake the country is nearly fiat, being 2.5 miles a dense In another and preceding paragraph, on the sau1e page, they said: swamp, and for the rest of the distance a prairie marsh liable to be overflowed "At the river's entrance to the Jump the depth is but 3 or4 feet, and in a few by the lake when the Gulf is unusually high. years more it will be fully closed by the river deposits." The fall bet ween the river's surface at high water and the mean level of the .By reference to the chart I place before you it will be seen that there were at lake is 13 feet. (See Humphreys and Abbott's report, pages 420, 422, 427, 428.) that time 9 fathoms of water in the bead of the Jump at its intersection with the river, right where they snid it was but3or 4 feet deep, and instead of being filled These authorities, it seems to me, show at least that there· is a. divis­ up, a.s they say would. be the case with the Lake Borgne outlet, by the same chart you will see there is a channel l2 miles long clear through to the Gulf from ion of opinion as to the practicability of the outlet system and clearly 12 to 20 feet deep, and permanent banks on both sides covered with valuable and unquestionably refute the statement that all engineers and scien-· timber and in many places cultivated, where forty-three years ago there was a. tifi.c gentlemen that are experts are against the system. On the con­ shallow bay and worthless sea-marsh. This is just what we will see through Lake Borgne, with a channel from 12 to trary, it is here clearly shown that some of the best engineering talent 20 feet deep, clear through to the Gulf, with permanent banks on both sides, of the country is favorable to the outlet system. with thousands of acres of the now worthless sea-marsh contiguous filled up As to who Williams and Roy are, from whom Captain Cowdon quotes and under cultivation. To all this I can see no objection. I .In the same report they say: in his statement before the Senate committee, which have already "Below the Jump it is not definitely known what the shoaling has been, as quoted, I wili let them speak for themselves. . charts of previous sounding are not now a\-ailable, if any exist; but the Light;.. Williams said before the Senate committee in 1888: House Boa.rd placed two buoys a short"dist:mce below the Jump to warn ves- sels from shoals which exist there." 1. [am sixty-nine yea.rs of age, reside in Jackson, Tenn., and by profession a By reference to the same chart you will see that the soundings above the Jump civil engineer, and have practiced it in all about forty-five years. I was first in the main channel show a depth of 15fathoms. while just below the Jump en- employed as assistant engineer under Col. George W. Hughes, United States trance to the riYer the same chart shows a depth of30fathoms in the main chan- topogr_aphical ~ngineer, on the survey and construction of the Annapolis and nel; and, as for the two buoys, you observe they are on some old sunken wrecks Elk Ridge Railroad, and between the years 1840 and 18.50 in service United fully a ball mile to the eastward of the channel and on the opposite side of the States Government in the same capacity under Colonel Hughes, on the survey river near the bank. Iot the military approaches to New Orleans, on the survey of the Ohio River With these facts proyen by official cbarls, which show that their statements Hudson Riv. er, Lake Champlain, superintended the building the breakwate; are not true, I leave it with you to determine whether or not there is any reli- at Plattsburgh, and was employed in Colonel Abert's office at di1ferent times ance to be placed on what that commission or any of its members have said in in "\Vashingt.on City, assisting in working up reports, drawing maps and plans the past or may say in the future. of surveys, in all, off and on, about five years. '~as also under Colonel Hughes Instead of being an injury to the depth of water on the sea-bar at the mouth on the survey for a railroad across the Isthmus of Panama, and I found the of the river the Lake Borgne outlet will be of great benefit, for as in t4e case lowest pass between the two oceans through which the present railroad now of the Bonnet Ca.rreoutlet which lowered the flood-line 4 feet at New Orleans runs. in three days and incrnased the current in the river below the outlet 6 per cent., .I was principal assistant engineer to Col. J. G. Barnard, United States En­ the Lake Borgne outlet will lower the flood-line 10 feet at that place and in- gmeers, on the survey for a railroad across the Isthmus of Tehuantepec in crease the current in the rivet· below the outlet 15 or20 per rent., for the lower- 18.51-'52, published my report of the same (Colonel Barnard being sick and not ingof the flood-line will increase the angle of fall and accelerate the current from able to attend to it). which is contained in a. book of 295 pages. which was trarut­ above and down to the outlet, and this acceleration from above will force the lated into Spanish by order of the Mexican Government. The English copy, water left in the ma.in river, 100 feet deep, on down to the mouth of the river entitled The Isthmus of Tehuantepec, will be found in the Congressional Li­ with a gren.ter velocity than at present. brary at Washington, in the War and Navy Department, and in all the princi- Tbis same principle governs the flow of water below New Orleans every year pal libraries throughout the United States. I found a. copy of it in 1871 in the when the river falls to low-water mark at that city, which is the Gulf level; then iibrary of the Institute of Civil Engineers, London. there is no fa.II whatever, and the water in the river would be a still lake were I.have been employed byfom· different companies in the last thirty-five years it not for the dynamic force of the water from above, which drives it on down on the surveys of the Isthmus of Tehuantepec, the Garay, the Sloo, the Stevens, to the Gulf with a current of a.bout 2 miles to the honr. and lastly by Captain Eads, and have published a number of reports, including The effect' will be precisely the same during the flood periods, only more rnpid, that publil>hed in London, giving the results of my trip to Europe in l871as one when we have lowered the flood-line 10 feet by discharging the flood-water into of the commission composed of the late General J. G. Darnard, United States th-e Gulf level in going 5 miles instead of 100 miles to the mouth of the river. Engineers, Julius W. Adams, formerly president Society Civil Engineers, New This General Humphreys one day in his office admitted to me was true and York, and myself, as chief_ engineer of the then proposed Tehua.ntepeo ship- he said: ' canal, to examine the ship-canals and artificial water ways of the Old World, "On it hinges the whole controversy and satisfies me that there can ne--:er be with special reference to this canal, of which John Hawksbaw, a very eminent any shoaling of the riyer below the Lake Borgne outlet when made." civil engineer of England, was to be the consulting engineer. In this I am further sustained by two very distinguishedengineers,J. J. Will· . If you exami~e my b_ook entitled '.l'he Isthmus of Tehuantepec, referred to Jams, of Tennessee, and John Roy, of New Orleans, La., whose testimony to- m the Congressional Library, you will find what Colonel Barnard says of me, gether witb other important testimony bearing on this subject, I will ask to in a letter of his which I published in the preface of my report. have printed. Besides, Admire.I Davis, who was appointed by a i·esolutfon of tho United On page 215, question 26 was asked Colonel Williams: States Senate, in his report of 1867 upon the ditferent Isthmus routes, says, pa.go "20. Suppose the outlet of Lake Bore;ne were made and it increased the cur· 5, that I am·tbe best authority_ for that part of the continent. rent in the Mississippi 25 per cent. a.t New Orleans and along down to the out- Since 1853 I have been supermtendent ande11gineer Kentucky and Tennessee let" itself, where the river is 70 feet deep below the bottom of the outlet what divisicn Mobile a.nd Ohio Railroad for over fifteen years; was chief engineer would be the effect on the rest of the water· in the river? Would the water rise Mississippi Central and Tennessee Railroad, now consolidated with the Illinois up out of its bed where it is of the depth just stated, and where the river is Central. I was also chief engineer of the Paducah branch Mobile and Ohio Rail­ fully 3,000 feet wide, and push its way on and thro~gh a shall~w lake only 10 road. I made t-he original surveys for Cai;>tain Eads:s ship-rail way, on the lsth­ feet deep to the deep water of the Gulf? Or would it stop flowmg entirely at mus of Tehuantepec, bet.ween the AUant1c and PaCific plains, and he told me that point, or would it, on the contrary, flow as now, on towards its mouth, but n_nd others, in.case h~ b~tlt the i:oad, that. I should have charge of the construe· with increased velocity, brought about by acceleration from above?" t1on of this m1d~le d1vis1on of his shlp-r~1lway. The reply was: • It would requtre a. pa.per unnecessartly long to relate all the works upon "The water would not i·ise up out of its beu where it is 70 or more feet deep, which I have been employed_. ~t may be sufficient. to say that when I weQt to and push its way through a. shallow lake only IO feet deep, nor would it stop Europe as one ?f the commISs1oners before ment~oned my salary was $10,000 flowing entirely at that point, but flow on toward its mouth with increased per annum. besides all our expenses were pa.id by the company. velocity brought about by the acceleration from above." As far as I knC?w, I am the fi~st one that ever attempted to. show the money To the same question Mr. Roy return rd the following reply: value to the Umted States which would result from the openmg of the Isthmus "No outlet thn.t was not deeper than the river itself could change the course route, so .that our ships could pass from one ocean to the other, and thus save of the rive1· except it was dammed." • 16,000 nnles around Cape Horn. I showed that our Goirernment and people The momentum acquired by lowering the river at Lake Borgne outlet, say cou~d well a~ford t? expenq $6()9,000,000 f?r that purpose. See my article on this 10 feet, would send the waters on with increased velocity to the ocean. subJect, pubhshed m. the Smentilic American supplement, July 17, 1886, No. 550, In the following statement I a.m also sustained by these two very distinguished page 8777, abo1;1t w~1ch the editor wrote me that my article was of national im- engineers. portance. ThIS article was first addressed to the Hon. JolD! T. MORGAN, United now TllE OUTLET "W'ILL HELP TO KEEP THE RIVER OPEN. StntesSenator from Alabama. Now, when the outlet at Lake Borgne may be made Ma great safety-valve to I for~a~ded to hi~ at the same time the repo~t o_f the American Scienti~c take off the floods, t.hen if these two sills A.cross the head of the two main passes C

miles of the Northeastern RailroR.d trestle-work through the swamps, and now riousl.faffected navigation that steam-boats passed each other with great am engaged in making a.bout a mile of revetment and levee on the Canal Caron­ delet, in this city. caution, notwithstanding the fact that the river is nearly as wide here as at New Orleans, but when the levee was rebuilt this bar, like the l could pile up :mthority after authority to show that th~ outlet sys­ bar below Bonnet Carre crevasse, was soon removed by the effect of the tem is both scientific and practicable, neither visionary_nor cranky, current. Last month (April, 1890) the following crevasses below and but these will suffice to show that "coming events cast their shadows above Natchez, Mi83., occurred and they did not lower the river at before." The future, the very near future, will, in my opinion, vin­ Natehez 1 inch after running one week: Aunaurdla., · 1 mile below; dicate the wisdom of combining "outlets" with "levees." Ferrady, 8 miles above; Henderson Ashley, 15 miles below; Bayou The CHAIRMAN. The gentleman's time has expired. Sara, 75 miles below; Morganza, 80 miles below. Mr. COLEMAN. Mr. Chairman, the Lake Borgne outlet will in­ Careful measurements taken at or near New Orleans this spring jure New Orleans and I protestagainst the encouragement of any project prove ·conclusively that berore any crevasses took place one-fifth more or motion which will retard the prosperity of that great commercial water was passing through the Misi:.issippi River than ever was known . metropolis. before,· which fact is confirmed by the very remarkable weather that If the Lake Borgne outlet is made, tbe navigation of the 1\Iississippi prevailed in the Northwest last winter. River will be injured and this injury will be magnified and exaggerated On page 176. or' Humphreys and Abbott's report upon the Physics by many in the interest of other ports in commercial rivalry with New and Hydraulics of the Mississippi River, I find the following: Orleans. This outlet into Lake Borgne would ruin the health resorts of Mis­ OUTLETS ARE NOT ADVISABLE. • sissippi Sound by destroying the salt-water bathing, tbe oysters and Enough has been said to demonstrate (with all the certainty of which this subject is capable) the disastrous consequences that must follow the resort to v . 'the salt-water fish which have made the towns and villages of that this means of protection. . locality famous as health resorts and summer homes for the people of On page 128, Senate Documents, Forty-seventh Congress, first ses­ New Orleans. This outlet would, by freshening and muddying the sion, volume 1: waters of Lake Borgne and Mississippi Sound, greatly increase the an­ Capt. T. P. Leathers, of New Orleans, testified before n. committee of Congress nual crop of mosquitoes and alligators, and these products of Louisiana. as follows: . are familiar to--me and might be considered as my constituents, but I "I ca.me on the river in 1836. The river was very low that year. The aver­ age depth of water on the shoalest bars from the mouth of the Ohio to the do not feel called on to protect _them as an American industry, and I mouth of the Arkansas, a distance of a.bout 450 miles, was about 4 feet. From protest against any "outlet" from the United States Tren.sury, by mouth of Arkansas to mouth of Yazoo, -about 225 miles, there was a.bout 5 feet. bounty or otherwise, for the purpose of developing crops of Louisiana From that to the mouth of Red River, about the same distance, the average depth on the shoaled bars was 7 feet. Below Red River levees had been built, mosquitoes. I do not know how long, but thence to the Gulf there was deep water. Mr. Chairman, I assure you that the supply of that Louisiana prod­ "Then levees began to be built above Red River in the parishes of Concordia, uct is equal to any possible demand, whether for scientific or industrial Tensas, Madison, and Carroll, the result of which was that in 18.57, a period of twenty-one years, while the river was 20 inches lower in its banks, there was purposes or do111estic and foreign consumption. not less than Si feet of water on the shoalest bars in the formerly unleveed dis­ Mr. Chairman, the Gulf of Mexico is often called t~e Mediterranean trict between the Red and Arkansa.s Rivers, showing an increased depth of 4 feet of the western hemisphere., and the city of New Orleans bears the scoured out by the current by the concentration of the water. " I am convinced from my observations that if the levees were rebuilt and kept same relation to the Gulf of Mexico a.s Constantinople does to the Medi­ up on the low lands the concentration of volume and consequent accelerated terranean of the eastern hemisphere. current would soon wash out a channel large and deep enough for any purpose Whatever prominence New Orleans possesses is due to the fact that of commercial navigation. I am thoroughly satisfied that in the last ten years L the frequent breaks in the levees and crevasses, dispersing the water over the it is located near the mouth of the Mississippi River; f.his city, bearing country and diminishing the current, have caused the river to begin to shoal the title of the beautiful "Crescent," taking its name from a conforma­ ·again. It always shoals near these breaks, evidently in consequence of the - tion of that majestic inland sea, whose importance as a national natural slackened current and natural deposit of sediment on the bottom which follows. "I am confident that the only way of deepening the channel and getting re­ artery of commerce gives to the "Crescent City" the second position liable navigation is to concentrate the current, and if the great river accommo­ in the list of export cities of this western hemisphere. dates itself by scouring out the bottom there will be no necessity for higher bar­ The "Father of Waters" is a proper name for the Mi~issippi River, riers at the top, and the levees will become more solid and reliable because re­ and the appropriateness of this aboriginal title can best be understood lieved in a measure from the great pressure to which they are subjected." when, standing on the bank of this majestic river, we contemplate the Mr. Chairman, how is it possible for Captain Leathers to support any service it can render this nation when controlled, and what concern it outlet proposition, after testifying so strongly in favor of levees? can give where its peculi!\r characteristics and physical laws are vio­ Mr. DUNNELL. I move to strike out the last word. I shall occupy lated. It is a remarkable fact that many persons who never saw the but a very brief time. I do not think it should be a matter of wonder Mississippi River will advance or support theories which may seem that the outlet system should be thought of and brought under dis­ plausible atS a matter of hydraulics, but which are at great variance with cussion. Aslunderstood, thegentlemanfromMississippi [Mr. C..A.TCH­ the acknowledged facts connected with this special case. t can under­ INGS] in his speech the other day, able as it was, admitted that there stand, Mr. Chairman, how my honored friend, the gentleman from were misgivings and doubts even among the members of the Missis­ Tennessee [Mr. HouK], in the fullness of his kind heart, wishing to sippi River Commission itself as to whether the jetty system would ulti­ give every man a show, has allowed himself to be put in the position of mately succeed and certainly meet the purposes for which it was de­ championing this Lake Borgne outlet ignis fatttus. If he had looked signed. Now, I think it very natural that when thejetty system fails, carefully into the matter, his keen perception an_d his sound judgment as it does very often, the question should be-asked whether a portion would have found the facts in the case, and he would have declined to of this mighty volume of water might not be carried off, and the river offer this amendment, and he would have sought another outlet from be thus relieved. I had a senice of four yeats npon the Committeeon Captain Cowdon's entreaties. Commerce, and during that period I heard a goo~ deal of discussion on I am aware how plausible it seems, when a river is brimming full, one side and the other of this question, and I confess that I have not - to seek relief fro~ probable overflow- by making openings or gaps at any time looked with disfavor or disrespect upon the venerable Cap­ in the river banks t-0 carry off the surplus water, but, Mr. Chairman, tain Cowdon, although he has_so fal' failed to be successful in his en­ science and experience have taught those students· of the physics of dearvors to secure legislation in the interest of the outlet system. I this sediment-bearing river who are not too obstinate to learn that the have sympathized with him. One thing, Mr. Chairman, has been very protection of the alluviallands of the Mississippi Valley and the main­ discoverable here within the last few years. Evidently the Mi..qgissippi -. tenance of a navigable channel sufficient to meet the requirements River Commission has captured the Louisiana. region. Everybody now of one-half of the people ofthis Union can be secured only by a system from the lower Mississippi drinks in withoutquestion and without dis­ of levees strong enough and high enough to confine the current to pute anything and everything that the commission promulgates. I the bed of the river, and by increasing the volume of water and the have never seen so many gentlemen yield so Willingly and so completely speed of the current give to the river that natural hydraulic force re­ to the wisdom of six or seven men as the gentlemen representing that quired to carry off, not only the tremendous volume of water, but with section of country have yielded to the men who compose the Mississippi it the sediment with which it is so heavily charged. River Commission. I have never believed, and I do not now believe, Mr. Chairman, think of this fact. If one-half of the :Mississippi that that commission is a necessary institution. It burdens us with River was discharged through theLake Borgneoutletatflood tide when an expense of $25,000 a year, more or less-- fully charged with sediment, this sediment being precipitated when it Mr. CATCHINGS. Nine thousand dollars a year, I would sn.y to meets salt water would be sufficient to make a mud or sand pile nearly my friend. 11 feet high and 1 mile square in one month. The effect of this water Mr. DUNNELL. Oh, the Mississippi River\Commission costs more passing from the river through an outlet would cause a bar in the than that. river on account of the slacking up of the river current, and this bar Mr. CATCillNGS. Only three members of it receive salaries. would render navigation difficult if not hazardous in that locality. Mr. DUNNELL. Somebody pronounced the words ''twenty-five I will state a historical fact. An obstruction or bar of sand or mud thousand dollars " in connection with the cost of this commission-.­ 60 feet high formed in the bottom of the river below the Bonnet Mr. CATCHINGS. Judge HOLl\IANsaid that, but it was a mistake. Carrecrevasse, which disappeared rapidly after the crevasse was closed Only three members of the commission get a salary. with a new levee. Mr. DUNNELL. Well, Judge HoLMANisnotveryoftenmistak:en, Eoon after the Morganza. crevasse occurred, some years ago, n danger­ and I felt safe in quoting him upon that point. ous sand-bar developed below the opening in the levee which so se- The CHAIRMAN. The time of the gentleman has expired. ·. 5350 CONGRESSIONAL RECORD-HOUSE. MAY 27,

Mr. GROSVENOR was recognized. is coghiz::mt of the incidents that have transpired in connection with Mr. RICHARDSON. I ask unanin!ous consent that the gentleman the overflow oftheM:issis.sippiduring the last two months must neces­ from Minnesota [Mr. D UNNELL] be permitted to conclude his remarks. sarily feel that something should be done in order to relieve the people Mr. HENDERSON, of Illinois.' I would like to have some under­ of that portion of the country from the distress incident to these over­ standing as to the limitation of debate. flows, which thus far neither the work of the Mississippi River Com­ Mr. GROSVENOR. I believe I have the floor. mission nor the levee system has proved suc~essful in averting. Mr. RICHARDSON. I withdraw my request for unanimous con- .Mr. COLEMAN. May I ask the gentleman a question? sent. Mr. HOUK. I hope the gentleman will be briefj I have but little Mr. GROSVENOR. Ur. Chairman: I do not wonder that gentle­ time. men should have doubts upon so mighty a question as this, and I do Mr. COLEMAN. I will take but a moment. I wish to know whether not wonder that projects of the kind involved in the proposition· of the any provision is made in this proposition for compensation for the dam­ gentleman from Tennessee [Mr. HouK] should be made here. I do age that will be done by this experiment? not undertake to say, either, that his proposition.is entirely without .Mr. HOUK. There is no evidence that there will be any damage meiit; nor do I undertake to s:ly that the time may not come when it done. On the contrary, to my mind it logically follows that the prop- · will be decided that t hat scheme-I use the word ••scheme" in a re­ erty of the people will be improved by this experiment, and that there spectful sense-may be deemed the most valuable andefficientforthis will be afforded a means of getting rid of the overflow, so that the land­ purpose. But I hl!ve given this question all the study that I was ca­ owners and others there will be protected instead of being injured. pable of daring the five sessions of Congress that I have been a mem­ l\Ir. BOATNER. I wish to ask the gentleman whether his amend­ ber of this committee, and in the brief time allotted to me I can only ment looks to the improvement of the navigation or to the protection say that my best judgment is that the levee system offers the greatest of the country from the effects of disastrous floods. What is the ob­ probabilities of success. · ject of the amendment? The peculiar character of the l\lississippi River makes it one of the Mr. HOUK. My amendment has directly in view the single prop· great enginP-ering problems of the age, and to combat the force of that osition of improving the navigation and giving it equilibrium at all enormous torrent of water we need the combined effort.a of the National times, and, when there is an ornrflow and the river attains the condi­ Government and the State governments along the line. tion which we have recently witnessed, that the waters shall be gotten Mr. DUNNELL. Will the gentleman permit a question? rid of through this outlet. It will be advan tageons to property as well :Mr. GROSVENOR. Yes, sir. as to navigation. In this you have your "incidental protection. n Mr. DUNNELL. In the solution of that tremendous problem, do Navigation as well as property will be protected and improved. I can any of the meinbers of the Mississippi River Commission play any part see no reason why this should not b~ the case. except the officers of the ~overnment? It is to my mind queer logic to assume that damming up the mouth Mr. GROSVENOR. !think so. Ithinkitmaybesaidof that com­ ot the river and raising its banks will deepen the channel. On that mission that it is as stromg and as competent a. commission as can be question, however, I do not propose to spend any time at present. formed in the United States outside of men educated in this special de­ But it seems to me that the thing which should be done in orP.er to get partment. During a recent sitting of the Committee on Rivers and rid of this overflow and preserve the integrity of the navigation is to Harbors we had before us one of the most intelligent members of the have an outlet, a means of getting rid of this surplus water. Engineer Corps, who gave us the results of certain experiments that he Some gentlemen around me here have inquired why there is such a had made during the height of the flood. surplus of water down there. Why, sir, itisnotatallstrangethat there Those experiments consisted in the measurement of the discharge of should be a surplus of water in that Democratic community, because water out of the main channel of the river through a crevasse 3, 000 feet they do not use it. [Laughter.] in extent which swept away the entire levee down to the bottom of the But, Mr. Chairman, I did not offer this amendment in order to im­ - river. Through that crevasse there poured a flood of wtl.terequal, as I pede the improvement of the Mississippi; I did not offer it in order to recollect, toaboutone-thirdofthevolume ofwater which passes the city antagonize this appropriation bill. I have offered it because, after ex­ of New Orleans. I may be wrong as t-0 the exact amount, but it was amining and reflecting upon the situation, I am honestly of the opin­ an enormous flood, and yet it appeared from actual experiment that at ion that sooner or later we shall be compelled to combine the outlet a point not more than 6 miles above the break there was no fall in the with the levee system in order to have a perfect improvement of that ... river, and at a point more than 6 miles below there was a fall of only river and a perfect navigation of it. about 1 foot. So, taking into considera¢ion the fact that the sweep of [Here the hammer fell.] this volwne of water between the levees operates to scour out the chan­ Mr. HENDERSON, of Illinois. Mr. Chairman, at one time I, my­ nel exactly as the ebb of the tide operates in the harbors of the country, self, felt that the outlet system, or the outlet proposed by this amend­ it is my opinion, firmly established at this time, that the course of wis­ ment, might probably be an advantage in the way of relieving the dom is to do all that we can to confine the river within it.s banks (co­ river from high floods. I never believed, and do not now believe for operating, as we are, in that respect with the enormous expenditures one moment, that it can possibly aid the navigation of the river. On made by the State governments), and trust to t 0he ultimate develop­ the contrary, I am fully satisfied that the e:ftect would be to injure in­ ment of this levee system to work out the desired result. It is un­ stead of benefiting the navigation of the riYer. And after hearing-­ reasonable to suppose that there will ever be a system which will pre­ Mr. HOUK. Will the gentleman permit me to ask him a question? vent the M~ippi River from doing some damage at certain stages of Mr. HENDERSON, of Illinois. Yes, sir. the water; that is impossible in most of our rivers that have low al­ Mr. HOUK. When these overflows occur is not navigation stopped? luvial banks; but that the substantial injury which is now inflicted by Mr. HENDERSON, of Illinois. I think very likely if you were to the overflows of that great river may be minimized by the levee process cut a channel in a very different manner from the proposedoutletinto I do not doubt. I have no time to enter upon the objections to the pro­ Lake Borgne, which is almost, as I understand, at a direct right angle, posed outlet system. you might possibly prevent the shoaling of the river below the outlet. [Here the hammer fell.] But if you make this outlet at almost a right angle from the course of the river, in my opinion the effect of diverting the current to that MESS.AGE FROM THE SENATE. outlet would be to deposit the sediment in the river below, and to The committee informally rose; and 1\Ir. WICKHAM having taken the shoal it. That is the testimony, as I understand it, of the engineers, chair as Speaker pro tempore, and I believe it to be correct. A message from the Senate, by Mr.McCooK, its Secretary, announced After hearing, as stated by my colleague. on the committee [Mr. that the Senate had passed, with amendments in which concurrence was GROSVENOR], the statement of engineers, who are able, capable, scien­ requested, the bill lH. R. 8909) making appropriations fm; the naval tific men, who have been there and been through those floods, and who service for the fiscal year ending June 30, 1891, and for other pur­ have been examining them from year to year, some of them for twenty poses. years, I am now satisfied in my own mind that the effect would not be ... The message also announced that the Senate disagrees to the amend­ even to relieve the river from the floods • ments of the House to the bill (S. 3046) granting a pension to Fanny . The engineers say, furthermore, that it would only be a. question of L. Davis, asks a conference with the House thereon, and has appointed time when Lake Borgne would be absolutely filled up with the sedi­ Mr. DA v.rs, Mr. BLAIR, and Mr: TURPIE conferees on the part of the ment of the river, when an effort would be made by the river to form Senate. new mouths in another direction, which would be just as troublesome RIVER AND HARBOR APPROPRIATION BILL. as the months of the river at the Head of the Passes have been. The committee resumed its session. A MEMBER. Before the jetties were built. • Mr. DUNNELL. I withdraw the pro fonna amendment. !lir. HENDERSON, of Illinois. Before the jetties were built. Now, Mr. HOUK. I renew the amendment to strike out the last word. my friend from Minnesota [Mr. DONNELL] says, and I just want to Mr. Chairman, in the moment or two that I propose to occupy I de- say a word in that respect, that somehow the Mississippi River Com- sire to say that the proposition embraced in my amendment is, I agree, mission have captured the people of the Lower Mississippi River. I somewhat in the nature of an experiment; but it is an experiment Iwant to tell the gentleman why that is so. It is, in my opinion, be­ which according to its terms will cost the Government of the United cause their work has been a successful work, because it has helped in States not one cent until after it has been pa.b into operation and proved the improvement of the navigation of the lower river. to be successful. Now, it does seem to me that every gentleman .who Now, I remember very well when we were considering here in the

, ' . I -·

,I 1890. CO~GRESSIONAL RECORD-HOUSE. :.. 5351

House the proposition for the creation of the Mississippi River Com­ the structures demanded, to which deficiency is attributed much of their failure to successfully resist the extraordinary pressure of this flood at various points. mission and the appropriation of money to DlJl,ke a thorough and sys­ The disasters from the recent flood have been exaggerated and magnified be­ tematic improvement of the river, we confined it to the Lake Provi­ yond their true proportions by the sensational treatment which the subject has dence reach. Then we extended it to the Plum Point reach. These received; and which has tended to shake confidence in the efficiency of the levee system. were two of the worst reaches in the lower river-that is, b(>Jow the In confirmation of this n.ltention is invited to the following facts: In 1882 the Ohio River. The worst above, I believe, is what is called the Horse­ total number of crevasses in the levees was 284, aggregating56.04-J miles in width; tail reach, below St. Louis. Now, there is not a sinp;le one of those in 1883 the number of crevasses was 224, with an aggregate width of 34.l miles; in 1884 the crevasses numbered 204, aggrega ting 10.64 miles in width. reaches in tberiver, as I understand it, which is notcomparatively~afe The result of the crevasses enumerated during these three yearl:j wa{'I a. gen­ and easy of navigation, and certainly so compared with what the con­ eral overtlow of the Mississippi Delta. In the present flood, the dangers of which dition was in the past. are nearly passed, the crevasses which have occurred number twenty-three, ag­ gregating about4:} miles in width, in a total length of 1,100 miles of levees, or less It has appea,red before onr committee in the preparation of this bill than one-half of 1 per cent. of the total line of levees, notwithstanding that the that at Plum Point reach, extending 30 to 40 miles, perhaps, which present flood has exceeded those of the three yea.rs cited in the height attained was once so dangerous that steam-boara, especially large ones, had to at Memphis and all points below, and h as not been exceeded in duration. This excess of height was, at Memphis 0.5 foot, at Helena. 0.6 foot, at Sunflower Land· lie up at night, did ne>t attempt to navigate the river at night, ~nd fur­ ing 1.2 feet, at Arkansas City 2.3 feet, at Greenville l. 7 feet, at Providence 3.1 feet, thermore had to have lighterage (that is, smaller boats to help remove at Vicksburg O.lfoot, at Natchez0.8 foot, and at N ew Orlea ns 0.5 foot. The gen­ their freights from below this dangerous portion of the river to the safer eral result has been a large measure of protection afforded by the levees this year, notwithstanding the extraordinary character of the flood, which has never portion)-it appeared before our committee that now boats run there been enjoyed during previous hig h waters of considern.ble magnitude. day and night with comparative safety, and we were told that only a For example, in the Yazoo Basin be tween 80 and 85 percent. ofitsarea.ispro­ little while ago a tow with 28,0.00 tons of coal from Louisville, Ky., tected from overflow, there being only one crevasse of 280 feet in width, affect­ ing a very small area, in 180 miles of levee, extending from the upper extremity passed safely over the Plum Point reach and went with its cargo southward. There were other crevasses on this front below this locality. On down to New Orleans in safety at a cost of 75 cents a ton for that coal. the Tensas front are two reaches of continuous levee, being respectively 81 and And I might add that the river is generally greatly improved, and the 125 miles in length. The right bank below Red River has 180 miles of continu­ ous unbroken levee and the left bank has 200 miles with only one break. Of danger of its being injured is either through these outlets or the breaks the territory dependent upon the last-named levees 75 per cent. has been pro­ of the levees or crevasses, as they are called, from tfme to time, for al­ tected. The percentages of areas protected. as above noted embrace all classes most invariably the river is somewhat injured following such breaks. of lands subject to ove1·flow; as the lands sought for cultivation are the more elevated portions, the percentage of their area. protected is much greater. Now, I hope we will have a vote or else come to some understanding From our knowledge of this subject we now feel justified in declaring that as to the length of time to be further consumed on this question. very great progress has been made sissippi levee boards, since 1~2...... 3,098, 745. 74 upon for protecting all the alluvial bottom lands liable to inundation below State and levee districts of Louisiana, since 1866 ...... 15, 255, 327.13 Cape Girardeau. . ' It is impossible, sir, in the time allotted for the discussion of this . ~ :a~~~s~.i.~.c~. ~.~~~. ~~~.~~ :: .... ·::::::::::: :::::.·:::::::::::::::::::::: :::::.: :: : :::·::::::.: 5, ~: m: ~ question, to go int.o a thorough examination of the subject. My object The above do not include expenditures which have been made by counties, corporations, and individuals in the several States. We estimate tha.ta further has been simply to incorporate in my remarks a resolution passed re­ expend.iture of $10,000,000 by the Genera.I Government in co-operation with the cently, on the 16th of May of this year, by the Legislature of the State riparhm States, if promptly applied, will suffice to complete a system of levees 'of Louisiana, upon the subject, and also to incorporate a report signed that will prove entirely effective to restrain all future floods of the Mississippi River. by fifteen engineers to the convention which assembled at Vicksburg, B.1\I. Harrod, 0. E.; J . H. Willard, Captain Engineers, United St.at.es Miss.,on the 30th day of April, 1890. These papers are in the follow­ Army; W. Young, Captain Engineers, United Stat.es Army; S. ing words: W. Ferguson, C. E.; HenryB. Richardson, 0. E.; W. Starling, Concurrent resolution No. L C. E.; T. G. Dabney, C. E. ; H. S. Douglas, O. E. ; Arthur Hider, C. E.; H. Bolivar Thompson, C. E.: H. St. L. Coffee, C. E.; .Jno. SECTION l. Be il resolved by the senate (the house of 1·epresentatives concurring Smythe, 0. E.: Henry Goodrich, C. E.; Jno. Ewens, C. E.; Geo. therein), That we, the General Assembly of Louisiana., in session convened, do M. Helm, 0. E. · unhesitatingly affirm and assert our entire confidence in the levee system as at present maintained for the protection of the people of Louisiana Crom the dev­ It is impossible, as I have said, t-0 discuss this question under the astation and destruction of t.beir property and homes by disastrous floods. SEC. 2. Be it resoi.vcd, etc .• That we do condemn what is known as the outlet limitation of the five-minute rule; and I can only.state that there isno­ theory as impracticable and as destructive of the property interests of this State scientific man of any note or standing in the country, who has given and people. the subject any investigation whatever, who has not fully and com­ S. P. HENRY, Speaker of the House of Representatives. pletely arrived at the conclusion that the outlets are not only not the .JAMES JEFFRIES, proper means for the solution of the great problem of controlling the Lieutenant-Governor and President of the Senate. floods, but that they would cause such a radical change in the general FRANCIS T. NICHOLLS, Governor of the State of Louisiana. regimen of the river as to very seriously interfere, in time, with the Approved May 16, 1890. commerce on it below New Orleans, by causing a shoaling resulting A true copy of the original. from a slackened current. L. F. 111.A.SON, Secretary of State. [Here the hammer fell j [Cries of "Vote!" "Vote!"] REPORT OF ENGTh"EERS. Mr. HOUK. Mr. Chairman, I do not desire t;o consume farther time VICKSBURG, l\!Iss., .April 30, 1890. or to add anything to the remarks which I have already made, except To th e Co mm ittee on Resolutions of the Mississippi Rif:er ImprO'Dement and Levee Convention: to ask leave of the House to submit some documentary evidence and Your committee, to whom was assigned the duty of preparing a. statement on other matters in connection with the remarks already submitted. the subject of levees, beg !eave to submit the following: The CHAIRMAN. yeneral leave has already been granted. The The testimony of all engineers familiar with the subject is that there is no is engineering difficulty in the way of restraining the floods of the Mississippi question on agreeing to the amendment of the gentleman from Ten­ River through the agency of levees, and that this is the only agency through nessee. which that object can be accomplished. The levees as they existed a.t the be­ Mr. HOLMAN. Mr. Chairman, I desire to be heard briefly on this ginning of the recent flood were admittedly too weak genera.Uy, in height and width, to stand an extraordinary high water, as was recognized and affirmed question. I had read on last Saturday a proposed substitute for the by all levee engineers. pending propositfon; but on reflection I will wi Lhhold that for the pres­ The fundamental defect in the present system of levee-building is that they ent, until a. vote is taken on the amendment of the gentleman from have not been designed and constructed on engineeriag principles, in the most Tennessee. · tborough manner, with the sole view to certain efficiency, a.s is the case in all other classes of engineering work; but it has always been a. mere qut!stion of I wish to state, Mr. Chairman, that in the Forty-seventh Congress a doing the best that could be done wilh an insufficient amount of money. committee was appointed, of which the gentleman from Michigan [Mr. The great desideratum has been to pile up as much dirt as possible in the cheapest possible way, so as to cover the greatest -extent of territory with the BURROWS] was chairman and of which the gentleman from Ohio [Mr. highest bank of earth attainable with t.be means at hand. This consideration BUTTERWORTH] and myself, members of the present House, were mem­ bas precluded such treatment of the foundations as I.he character and service of bers, and other gentlemen, including Mr. CARLISLE, of Kentucky, to _. 5352 • CONGRESSIONAL RECORD-HOUSE. MAY 27,

investigate the condition of the improvements of the l\IississippiRiver that crevasse remained open there was no shoaling of the river be­ and thejetties, and the-system of improvement then in progress under low it. the charge Of the l\fississi ppi Rivet Commission. The majority of that Mr. CATCHINGS. Do you mean to say thattherewas no shoal be· committee reported in general terms. The gentleman from Ohio [Mr. low that crevasse? BUTTERWORTH], Mr. Hazelton, of Wisconsin, and myself united in Mr. HOLMAN. That was the testimony. a report, in which was expressed serious doubt of the success of the Mr. CATCHINGS. I do not admit that to be the fact. system of proposecf improvement then and still in progress. The re­ Mr. HOLMAN. That is what we learn fromthetestimony. I will _port closed with the following language: state to my friend that we did not take the t.estjmony alone of scien­ Col. Nathaniel Hutton, the civil engineer referred to in the report of the ma­ tific men for theory, but we took the testimony of practical men. I jority, a gentleman of large capacity a nd experience in his profession, estimates admit it is true, as a rule, that where there is an overflow of water, a the cost of the Lake Borgne outlet wiLh proper works for the protection of the banks, at $850,000; and in viP.w of the large sums of money involved in the surface overflow, no doubt there is a deposit below of material in the plans of the Mississippi River Commission, the great interest at stake in the bed of the river. That seems to be decided by long experience. But improvement of that river, and the experimental and as yet untested char· w~ere it is an ~ctual outlet, I must say to my friend from 1\iississippi acter of thfse plans, we do not hesitate to recommend the expenditure of the sum nametl for the construction of the outlet as fully justified by the beneficial that the testimony taken by the committee was completely in conflict \'esults likely to be obtained. with that theory and sustains the views expressed by General Hum· BENJ. BUTTERWORTH, phreys. ~£.8c.1ii°HE1t~oN. Mr. C~TCHINGS. I would like to ask my friend this: The Jump . . . . Iand Cubit's Gap are outlets, are they not? That ~epo~t was the ~esult of qu.1~ a careful exammat1on, not sun ply Mr. HOLMAN. Yes; I understand they are. of t~e ri"~r itself and its then ex1stu~g and former outl~ts, but of full Mr. CATCHINGS. I ask you whether the charts of the Coast and consi_demtiou. of a large m~s 0 ~ testimony ta~en at P01?ts all along Geodetic Survey do not show by actual soundings taken on that sur­ the nver, testi_mony of practical river men, captams, and pilots of steam- vey that the effect of these outlets was to reduce the sectional area of boats, from Pit~shurgh, "?a., to New 1~1ty! w ~o had be.en many years employed as an engmeer on the MIS- nous, establishes, I think, the fact, as well by practical experience as by sissippi River, sa~s. scientific, that as the Mississippi River rises there is a deposit of the The facts above cited- material held in its :flood., and that the scouring process by which After giving the facts- the river is to be kept clear and deepened begins only when the river establish that there is no evidence tlbt any filling up of the bed ever did oc- is within ita natural banks. Gentlemen will readily see, I think, that cur in consequence of a high·water outlet, and moreover that it is impossible this statement is correct especially when the river as recently over- that it should occur either from the deposition of sedimentary matter held in fl d th d' t t' d t · ] 'f th · ! f th ·' · suspension or from the accumulation of material drifting along the bottom. owe e a .iace.n coun ry, an ~r am Y l e rlSmg O e river lll- The conclusion, therefore, is inevitable that so far as the river is concerned the creases the depos1 t, and the scouring process only occurs when the river theory that great outlets have produced the shoaling of the river below is not is declining and its water confined to its natural banks, the levee sys- correct. tern will not at least by itself prove to be a success. Mr. CATCHINGS. May I ask my friend a question at this point? The proposition which I shall submit is very simple in iU:i form, and Mr. HOLMAN. Certainly. confers, I admit, large powers upon the Secretary of War, with large JI.Ir. CATCHINGS. The testimony was given in 1882. discretion, but requires of the President of the United States express Mr. HOLMAN. That was a part of bis repoi:t in 1876. approval. It does not propose to interfere for the present with the Mr. CATCHINGS. He te.c;tified afterwards in 1882. present system of improvement, nor with the appropriations made for Mr. HOL IAN. Yes, sir. that purpose. It is proposed simply to try this plan since others Mr. CATCHINGS. I will ask my friend now if he knew that after np to this time have failed. If it accomplishes no good no serious ex- he testified in 18~ this Bonnet Carre crevasse was closed and that the penditure will have occurred; if it is beneficial, as I trust it will be, result of the closure of the crevasse was the removal of this deposit then a very great benefit will accrue to that magnificent valley and a which existed there, and which Humphreys and Abbott thought was vast improvement in the navigation of the Mississippi River will be the bard blue clay bottom which had always existed. obtained; I trust the committee will favorably consider the proposi- [Here the hammer fell.] tion. No injury can result from the experiment, and perhaps resu1t.s Mr. IlOLUAN. I hope I shall ha\e a few minutes more, Mr. Chair- of great value may be secured. man, inasmuch as I ha"e been interrupted. Mr. BLANCHARD. Mr. Chairman, I ha.d hoped that a wild,chimer- The CHAIRMAN. How much time does the gentleman request? ical proposition like what is known as the Cowdon outlet scheme would · 1\ir. HOLMAN. Five minutes if I can get it. not receive the serious indorsement of any gentleman upon this :floor. The CHAIRMAN. The gentleman from Indiana asks unanimous There is no engineer of the Army corps of the United States engaged consent that he may be permitted to address the committee for :five in duty upon the Mississippi River who has not unhesitatingly de­ minutes. Is there objection? The Chair hears none. nounced the outlet theory as false and misleading. There are some Mr. HOLMAN. Now, Mr. Chairman, in answer to the question of eight or ten officers of the United States Engineer Corps who have for my friend from .M~issippi I can sfate that at the time that I speak of, years been assigned to duty on the lower river, and it is a remarkable 1882, when this committee visited that river, if my memory is correct, fact that every one of them, after a brief opportunity of study of-the the Bonnet Carre was in progress of being closed. The committee, in river, reaches the same conclusion, namely, that outlets will not do. consequence of the general statement that the effect of an outlet was If there wns anything in the plan as a means of protection against to create E.hoals below the point where the outlet occurred, as it was floods it would seem to me that these officials would discover its mer­ used as an argument against the outlet system, made special inquiries its. My friend from Indiana [Mr. HoLl\IAN] quotes from General into the fact-I do not mean simply by taking the testimony of scien- Humphreys, who was at one time Chief of Engineers of the United tific men, but also of practical men familiar with the river, captains States Army. Now, I have the work of Humphreys and .Abbott upon and pilot.a of steam-boats, as to what was the effect of the Bonnet Carre the HydrauliC'.s and Physics of the Mississippi, and this is their con- crevasse. Gentlemen are aware that the water running through this clusion in respect to the outlet system: - crevasse passed on t-0 Lake Pontchartrain. We found no testimony to Enough has been sa.id- confirm the statement that there was a. shoaling of the river below that They state- crevasse. to demonstrate with all the certainty of which the subject is capable the disas- On the contrary the testimony taken by the committee is conclu- trous consequences that must follow the resort to .this means of protection. sive, to my mind at lea.st, that it did not have that result; that while And ever since Humphreys and .Abbott wrote in 1858 every engi-

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1890. CONGRESSIONAL RECORD-HOUSE. 5353

neer who has had occasion to study the phenomena of the rivers has Mr. HENDERSON, of Illinois. Mr. Chairman, this is snostantially · deelared with them against the outlet system. Eads, the greatest en­ the same as the proposi~ion last voted upon and I ask unanimous con­ gineer of his age, was as emphatic as language could make it in his con­ sent that all debate upon it be limited to five minutes. demnation of the plan. The people who live in the valley of the Mis­ Mr. CATCHINGS. I want about five minutes myself. • sissippi River, almost without exception, are opposed to the outlet Mr. STOCKDALE. Mr. Chairman, I want to say a word in refer­ system, and in the river convention, which was held recently at Vicks­ ence to the effects which the Lake B.orgne outlet, mentioned in the burg, composed of three hundred delegates, not one of its members amendment of the gentleman from Indiana, would have upon the Mis­ raised his voice in behalf of the outlets. All united in condemning sissippi coast and tha.t part of the State of Mississippi which I have the the system and .in advocating what is known as the levee system for honor to represent. Being very much interested in this question, I was preventing floods. before the Committee on Rivers and Harbors, and they very courteously Now, is the Congress of the United States going, in the teeth of the extended to me the opportunity to interrogate some of the most learned recommendations of the Mississippi River Commission, composed, the engineers in the United States, who testified on this subject before the -. greater pa.rt of them, of officers of the Engineer Corps, with no inter­ committee. est in this question except the public interest-is it going, I say, to I asked them as to the effect of the passage of the water through the adopt an amendment which consigns the great river to the treatment Lake Borgne outlet; and the opinion of those engineers was that it of quacks and theorists? The outlet system is not indorsed by a single would soon fill up Lake Borgne; that the water would take a tortuous civil engineer of any note in the United States and not one f:Jf the Army course along the· Mississippi coast through the Mississippi Sound; that engineers of the United States. Are you going to adopt the views of in time it would dam up Lake Pontchartrain to the height of 4 or Mr. Cowdon and Mr. Leathers, two gentlemen in civil life, who are not 5 feet, necessitating the maintenance of guards in that direction by engineers, in opposition to the views of the Army engineers, who are the city of New Orleans that the city does not now have; thatit would charged with the duty of the study of the river? I think not, Mr. destroy the fishing and oystering industry the whole lengtb of the Mis­ Chairman. sissippi coast, and destroy also the numerous and large canning fac­ The CHAIRMAN. The time of the gentleman has expired. tories erected and being erected along the Mississippi coast and throw Mr. HOLMAN. I offer the proposition I send to the desk, to come five thousand people engaged in those industries out of employment, ina.fter the last paragraph just read-- not tor a short time, but absolutely and permanently destroying those Mr. HENDEHSON, of Illinois. I would like to inquire of the gen­ industries and the business of enterprising American citizens who have tleman from Indiana [l\fr. HOLMAN] whether it is the one that hns placed their plants there at a very great cost, as well as to wipe out of been printed in the RECORD. existence the employment of a large number of workingmen. The dec­ Mr. HOLMA~. Yes; the same proposition. laration of these engineers is verified by the fact that when the Bonnet The amendment was read, as follows: Carre crevasse was opened and took .the course I have stated, the oyster That the Secretary of War is hereby authorized to cause to be constructed an· and fish industries of the Mississippi coast were very materially dam­ outlet from the Mississippi River to Lake Borgne, in the State of Loui.siana,and aged, and some species of the best fish disappeared from those waters. such other outlets to said river, either above or below New Orleans, as may be found necessary and proper to improve the navigation of said river in prevent­ At the present time the :flow through Lake Pontchartrain, through ing the overflow of the waters thereof in great floods, such outlets to be of such the Rigolettes, and along the coast is having the same effect. In these dimensions as the Secretary of War shall determine. He is authorized to enter cases, at least, we have not the unsupported opinion of engineers as to into contracts with John Cowdon or any other responsible person or persons for the construction of such outlets, or any, or either of them, on such conditions the course the water will take and the results it will produce, though and limitations and with such guaranties, bonds, and security for the faithful their opinions are generally correct; but in two instances their opinion performance of such contract or contracts 1\5 he may deem proper, or he may has been verified in cases of the very same sort as the operations now cause such work to be done as other public works under his control are con­ structed. He may obtain such lands as may be required for either or any of proposed. · such works, either by purchase or condemnation in conformity with law, as he My friend from Tennessee remarks that the damming up of the Mis~ may find necessary; and the sum of $500,000, or so much thereof as may be neces­ sissippi causes these overflows. Why, Mr. Chairman, th~jetty system sary for the purooses aforesaid, is hereby appropriated out of a t 1y money in the Treasury not otherwise appropriated: Provided, however, That each and all of as established at the month of the Mississippi has simply dammed up the powers conferred on t.he Secretary of War by the provisions of this p ara­ the mouth to the extent of raising the surface on the Outer Pass and graph shall be executed and carried into effect with and subject to the express the Southwest Pass 1 foot; this was done by sinking a line of mat­ approval of the President of the United States. tresses diagonally across the head of each pass, converging at the head Mr. HOLMAN. I wish to say a word on this amendmeut. It will of the South Pass in order to increase the flow into it, and by means of be observed that this proposition confers npon·the Secretary of War the jetties the depth of the South Pass has been increa.sed from 7 feet the power in his discretion of entering upon the construction of the to 28 feet, and 200 feet wide, so that there is more outlet at the month Lake Borgne outlet or any other outlet above or below New Orleans of the Mississippi River to-day than before the jetty system was estab-­ which in his judgment, with the approval of the President, shall be lished. .... - thought proper and necessary to lower the waters of the river in great This proposed Lake Borgne outlet is below New Orleans, and can floods. Gentlemen are all familiar with the condition of things at not relieve overflow 500 or 600 miles above. To undertake to say that Lake Borgne. Lake Borgne is about 5 miles from the east bank of the the jetties by damming up the mouth of the Mississippi River cause Mississippi at a point about 60 miles below New Orleans. It is about the overflows in the district up as high as Vicksburg and above there, . 15 feet lower than the banks of the Mississippi River, and.gentlemen where the disastrous overflows occur, is to say that ihe raising of the can form some idea of what a vast body of water would be drawn off surface of the water at the Head of the Passes to the extent of 1 foot through a. canal constrncted there, a mile in width, with such a descent 100 miles below New Orleans will dam up the water to the extent of as would be created by a fall of 15 feet in 5 miles. 15 feet 500 miles above. and that does seem to me to be a travesty upon What effect such an outlet would have, I admit, must be determined science and to reverse the laws of gravitation. by experience, and only by experience. It is proposed to appropriate It is said here by gentlemen \hat they want to try an experiment. for the purpose of constructing this outlet (without affecting the gen­ If they d<;>, I hope they will try the experiment at their own expense eral appropriation for the Mississippi River at all) $500,000. I admit and not throw five hundred people permanently out of employment that the estimate for the construction of t-he Lake Borgne outlet with and destroy an industry in which large plants have been established at proper protection is $850, 000, but the sum named in the amendment is great cost. I trust Congress will not do this for the sake of trying an of course sufficient for the-present appropriation. This discretion can experiment which every engineer of intelligence in the land says will be safely left oo the Secretary of War, with the approval of the Presi­ prove a disastrous failure. Congress professes to build up industries. dent, inasmuch as both will undoubtedly act upon the judgment of I hope it will not destroy a-µ industry in Mississippi and Alabama the Chief of Engineers, an officer of great experience and ability, and which furnishes employment for thousands, and in which thousands the c9mpetent and efficient corps of engineers under his direction. more are interested, and that furnishes food to millions. It seems to me there can be no possible peril in conferring such dis­ Mr. CATCHINGS. I would like to say a very few words. cretion upon the Secretary and no peril in testing this plan which men The CHAIRMAN. The time 1imited for debate on this paragraph of practical knowledge and experience are confident will secure good has expired. The question is on the amendment of the gentleman from results. The Secretary of War of course would not exercise that Indiana [Mr. HOUIAN]. power except upon a fairly clear showing of propriety and necessity, The amendment was rejected. and the approval of the President would also be required before the The Clerk read as follows: work could be undertaken. The result of such an outlet, if it should For sun-ey of the Mississippi River from the Head of the Passes to its head- prove effective, would be so beneficial that it does seem to me that this waters: Continuing sun·ey, S75,000. committee ought to authorize this theory for the improvement of the Mr. HAYES. I offer the amendment which I send to the desk. great river to be tested and let the river men, the men directly and The Clerk read a.3 follows: specially interested in the question of navigation of the river, have .A.mend by adding after line 19, p.lge 54, the following, as a. new section: an opportunity of testing their theory as to the proper way of improv­ "For removing sand-bars, formed and forming in the Mississippi River at or near the head of Beaver Island at Clinton, Iowa, and between thali place and the • ing the navigation of the river, which if successful would in alargede­ Iowa shore. so as to make navigable and protect the landing on the Iowa shore gree protect the greatest valley on the globe from destructive floods. there used for ferry and other boats, and to make a navigable way from saia1 The CHAIRMAN. The question is on.the amendment of the gen­ landing to the main channel of the river, $5,000." tleman from Illinois. The CHAIRMAN. Does the gentleman offer this as an independ­ Mr. CATCHINGS. I move to strike out the last word. ent paragraph?

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-· 5354 CONGRESSIONAL RECORD-HOUSE. .·. MAY 27,

Mr. HAYES. It is to come in after line 19. bars, which will exist, and shoal water, the ferry-boat at low stages has some difficulty in reaching its landing place, and at extremely low stages the land· The CHAIRMAN. But is an entirely separate matter, is it not? ing place must be changed temporarily. 1\f r. HA YES. Yes, sir. The only practical method of removing the sand at the head of Comanche The CHAIRMAN. The gentleman offers th.IS as an amendment to Slough is by dredging. Such work might give a good channel for several be inserted as a new paragraph after the paragraph just read. years, but it can not be considered permanent a.s, owing to natural ca.uses, the bars will reform in time. The works devised for permanently maintaining Mr. HAYES said: channels at other points of the river would hardly be jrutifiable or fermissible Mr. CHAIRMAN: The landing mentioned in this amendment is just here, as their effect might be to injure the ma.in river. Instead o opening a outside of the main channel-line of the ~Iississippi River, and in the bead channel through Comanche Slough, it is very possible the slough will have eventually to be closed in accordance with the approved plans for the improve­ of a slough that runs some miles along Beaver Island, between it and ment of throui:rb low-water navigation of the Mississippi River. the Iowa shore, the main channel being on the other or east side of this ';I'b~ ferry to Garden Plains is undoubtedly of considerable interest to the city island. This slough is navigable at some stages of water, and upon it of9I10ton, and possibly its presen~ landing place, considering the present con­ dition of channels, is not a.convenient one at low water, but it appears that such are several large saw-mills that use it for rafts; and there are also on it landing is not on the main river, but in the head of Comanche Slough, probably some other business and manufacturing establishments. The ferry that ~000 feet from the low-water channel of the river. A large portion of the city continually uses this landing is an important one, running from the hes on the ma.in river above tho mouth of the slough, and a landing on the river might be available for the ferry-boat were it not that all this water-front in­ city of Clinton in Iowa to the opposite shore in Illinois, and to one of cluding public streets, is occupied by saw-mills, private piers, booms, log-r~s, the best farming sections of that great State; and it is safe to say that etc., and thus closed to the general public. this ferry, to a greater or less extent and as much as usual in such From correspondence, interviews, and personal examinations it appears that the principal interest to be served by the proposed work is that of a ferry run­ business, affects directly the intercourse, trade, and convenience of30,- ning between Clinton and Garden Plains, a.nq owned by O. Lamb & Sons, who 000 people; and the landing is used to some extent also by other boats, also own thesaw-milb on Comanche Slough. The general intcrestsof through of which there are a large number owned at and operated from Clinton. navigation of the Upper Mississippi a.re not interested in the improvement de­ sired. For years the sand has been forming between this ianding and the Giving due conside1·a.tlon to the interest of the ferry company and the city of main channel, gradually getting worse, until it has become very diffi­ Clinton in the desired work, it still does not appear that the conditions are such cult to use it in low water, and so that itis troublesome and expensive or the public necessity sufficiently great to justify the carrying out of the pro­ posed improvement by the General Government. and causes delay in traffic. A sketch showing condition of the head of Comanche Slough in 1878 and 1883 In the river and harbor act of 1888 there was a provision for a survey is sent herewith. and examination to determine what was necessary to be done in the Very respectfully, your obedient servant, A. MACKENZIE, Major of Engineers. premises, and a report was made accordingly by Major Mackenzie, The CHIEF OF ENGINEERS, U. 8. A. upon which the committee failed to make provision for this necessary It will be observed that the objections raised are: First, that tho work, and it is this oversight that this amendment seeks to remedy, work will have to be dredging, and that in time the bars will reform; and I think that it is plain that it should be done, and I shall attempt second, that the slough itself may in time have io be closed in the in­ to demonstrate it from the report of Major Mackenzie itself, not bring­ terests of navigation; third, that an available landing for ferry pur­ ing forward any other fact about which there is the slightest dispute. poses might be had if business interests, saw-mills, and their surround­ I think this report is founded upon an idea not tenable, and a theory ings did not occupy the river front north of this landing, where the that is not only not just when the"items of this bill as a whole are con­ main portion of the city lies; fourth, that the principal interest to be sidered, but that Congress can not, in justice, afford to give sanction served by the proposed improvement is that of a ferry owned by C. to. That there may be no question about the points I desire to make Lamb & Sons; fifth, that the bar is not an obstruction to the naviga· I will give this report in full. It is as follows: tion of the main channel of the river; an~ sixth, that the general in­ PRELilllINARY EX.Ull:NATION OF THE !:r.:>SISSIPPI RIVER AT AND NEAR THE HEAD terests of through navigation are not interested in the desired improve­ OF BEAVJ:R ISLAND, AT CLINTON, IOWA, TO DETERMINE WHAT IS NECESSARY TO REMOVE THE SA.ND-BARS THERE, FORMED AND FORMING, SO AS TO MAKE ment. NAVIGABLE AND PROTECT THE ENTRANCE TO THE WESTERN CHANNEL AND It will be noticed that this report concedes that this ferry. which .is THE OHANNXL ITSELF THAT RUNS BETWERN BEAVER ISLAND AND THE IOWA practically limited to this landing, 88 I will show further on: is·of con­ SHORE. UNITED STA.TES ENGINEER OFFICE, siderable interest to the city of Clinton, and this city had over 15,000 Rock Island, Ill., December 5, 1888. people at the last census under State law. When this is remembered GENERAL: The river and harbor act approved August ll, 1888, provides for ""' and the usual details of the average river and harbor bill are borne in survey and examination of the Mississippi River at and near the head of Beaver mind, I think I can safely say, not meaning any disrespect to Major Island, at Clinton, Iowa., to determine what is necessary to remove the sand­ bars there formed a.nd forming, so as to make navigable and protect the en­ Mackenzie, that as many foolish and nonsensical reasons were never trance to the western channel and the channel itself that runs between Beaver before gathered together upon any like occasion, and that singly and Island and the Iowa shore." . collectively they are rot. By letter dated Office Chief of Enginers, August 28, 1888, I was charged with a preliminary examination of the locality above mentioned with a view to de­ The fact that the same bars would in time reform is not entitled to termining whether it is worthy of improvement by the General Government. serious consideration as an objection. The same fact applies to all Having completed such examination and considered all the information it ap­ dredging, and still it has to be done, and when we remember that this pears practicable to secure, I have the honor to submit the following report To ascertain the character of work contemplated by those at whose request particular bar has been some thousands of years in getting so 88 to be this examination was ordered by Congress I addressed letters to the mayor of a serious obstruction I do not think we need worry ourselves about Clinfon and the several lumber firms interested at that point. Under date of the next dredging. Even my distinguished friend from Indiana [Mr. September 24 the mayor wrote to me as follows: "I have been trying, since the receipt of your letter of the 10th instant, to get Hour.AN] will not need to figure on the cost, and he will reach in that an engineer to make an examination of the sand-bar between Beaver Island direction to the utmost limit. and the Iowa shore, so as to give you more definite information than can be The closing of the slough would have no effect upon this landing. obtained by ordinary observation, but our engineers here are very busy in other matters just now, especially the survey for the wagon-bridge here, and I have It is right at its head, is substantially as wide as the river itself, not been able to accomplish what I intended. I have lea.med from 0. La.mb & and is, in fact, a part of it at this point, and no closing would ever be Sons and others that the bar is a serious obstruction to the running of the ferry­ made here. The objection that an available landing could be had if boat to the Illinois shore, and to the running of the steam-boa.ts ofW.J. Young & Co. and C. Lamb & Sons and other boats of the river necessarily plying in private business did not occupy the river front is one that it is hard to that locality, and from persona.I observation I have no doubt such is the case." treat with respect. I will say that the main city landing is more than Under date of October 18 I again heard Crom the mayor to the following half a mile above the point under consideration and entirely out of the effect; "I wrote you in ·September, in ·answer to your letter of September 10, with question as a ferry landing, by reason of an island, Little Rock Island, reference to the obstruction of the Mississippi River between Beaver Island and lying opposite to the city and north of the ferry landing, and so that if the Iowa shore; since that time the water has been lower and the sand-bar ob­ the ferry should land there it would have to go so great a distance, as struction more serious. There is a public ferry running between Iowa. and Illinois and bas been for many years, which necessarily passes over this sand­ well as through a draw-bridge, as to make its trips too long to be profit­ • bar, and is a part of the highway bet.ween the States, and ts regularly used for able or feasible . that purpose by the public genera.lly in those States, and by persons traveling Now, it is true that this space is occupied by private business, but beyond farther east and west; also a. large 'amount of tra..ffi.c is carried on be­ tween the people of lliinois, for 30 miles or more, and the people of the city of this business was there before there was any ferry, and in fact made Clinton, in farm products and merchandise, and for several months past the the prosperous city that demands this ferry in its commerce, and this bU3iness of the public, especially between Iowa and Illinois at this point, has business includes the largest saw-mill in the world. .And to ask or sug­ been hindered, delayed, and obstructed by reason of this sand-bar, and many steam-boats running on the river, which necessarily pass this point, have been gest that these great enterprises that are the life of a. prosperous ci.ty obstructed in the same way, and such has been the case for several yea.rs. Tho give way, while if they did there would be no occasion fora ferry, that expense of removing or improving this bar, I am informed, will not be very this great Government need not spend the paltry sum of $5, 000, which great, and i~ seeni.s to me that the circumstances warrant its being done." The facts in this case are as follo,vs: is conceded to be in the interest of a large number of people and in the The l\Ussissippi River, just below Clinton, Iowa, is divided by Beaver Island, line of one of its gre.atest expenditures, is too absurd for any refutation the ma.in river aud low-water channel lying to the east and Comanche Slough more than the statement of the facts. to the west of the island. \Vhhe some work of improvement may be needed in the near future, there is at present no obstruction to navigation in the ma.in It is said thnt the principal interest to be snbserved is the ferry­ river. Comanche Slough has never been considered a navigable channel of the owners. This I deny, and say that the principal interest is the com­ river, its use in connection with through navigation only being practicable at mercial one mentioned in this report; but even on the other ground I 1 0 ~!~~i!'~fo~s1~!!~~:i b::~bo;fo~~~~~~ !ft!Jiee~::ie:~~w~~~ a.s Th~~!: imagine the objection is not very weighty and presume that if some of ferry running to Garden Plains, Ill, lands at the head of the slough• .A. tracing the other improvements provided for in this bill were investigated submitted herewith shows the condition of the head of the slough in 1878 and it would be found that but few of the great navigators would practi­ 1888. It appears that in the former year sand-bars and very shoal wa.tt'lr ex· isted, but that possibly the channel between the sand-bars and the mainland cally use it, and that in fact their navigation was confined to few boats wa.s a little wider than at present. It also appears that, as a result of the sand· and few owners. It is not probable, by way of illustration, that a

., ·. .· 1890. CONGRESSIONAL RECORD-HOUSE. 5355

mighty commerce passes over Neuse River, but it has $12,000 in this That, I will say in passing, has already been done. '\>ill; or Smockey's Creek, which bas "$10,000 for dredging only;" or Should .Congress deem it advisable to carry the protection along the low bot­ Fishing Creek, which has $10, 000, with a proviso that bridges must be tom previously ~ll?ded to, a sum of 3111,250 will be required ·in addition to the removed -I?efore the money is spent; or Waccamaw River, which bas CU!Tent appropriation. It should be available for one year's expenditure. $12,500; or Mingo Creek, which has $5,000, and, if I remember cor­ Now, it will be seen, Mr. Chairman; that they do not ask for this rectly, Sassafras Creek is well provided for. $111,2:50, tha.ttheydonotevenrecommend that it beappropriated· but The fifth and sixth grounds are that the obstruction is not in the they say that if Congress desires to protect these low lands alonC: the main channel and that the general interests of through navigation b~tt?m it will require tha.~ sum to do it; but they do state as pWnly, are not interested. I deny the force of either of these objections arid I thmk, as they can pot it, that they have already protected all of say that no river and harbor bill ought to be constructed on these the valuable property of the city, and they leave it to Congress to say lines. The money appropriated for river and harbor improvement whethe: it is desirable that the work shall be so extended as to carry should be put where the interests of commerce demand, where it will protection to these "low bottoms above the bluffs, on which most of aid nn.vigation for the use of people in trade by means of water craft, the town is built.'' and there is no force, reason, or justice in saying that 30,000 people It was upon this report of the Mississippi River Commission that the who are vitally interested in :i commerce across a river can have no Committee on Rivers and Harbors declined to make this appropriation. relief, but that a few hundred who may be interested in some insig­ Mr. HENDERSON, of Illinois. Let us have a vote, :Mr. Chairman. nificant lengthwise commerce on a creek can have money without limit. Mr. STONE, of Kentucky. Have I the right to oppose the amend­ If there is any such precedent it should be set aside. I observe that ment offered by the gentleman from Mississippi? . my colleague [Mr. SWENEY] stated that this bill did not carry a dol­ The CHAIRMAN. The Chair did not understand that the gentle­ lar for harbor improvement in Iowa, with the Mississippi on its east man offered an amendment, except a mere formal one. line and the Missouri on the west, and I think thiS ought to be allowed Mr. STONE, of Kentucky. He moved to strike out the last word. not to seem partial, if for no other reason; but it is a worthy improve-­ Mr. Chairman, I want to call the attention of this committee to this ment, in the interest of a large number of people, and directly in the point: I have not offered this amendment for buncombe or for home line of commerce. I trust the amendment will be adopted. [Ap­ reading or anything of that kind, but I have offered it because it ought plause.] to be adopt~, and there bas been no good reason shown why it should During the delivery of the foregoing remarks, when the five.minutes not be adopted. I do not want to say, and I do not have it in my heart haa expired, to say, that the Committee on Rivers and Harbors did anything in the l\:Ir. HAYES said: I would like to occupf a few minutes more. I matter except what they thought was proper; but I would like to have ask unanimous consent that my time be extended for five minutes. this committee convinced that the Committee on Rivers and Harbors Mr. HENDERSON, of Illinois. I dislike exceedingly to object; but in this particular instance have made a mistake. we are very anxious to get through with this bill. • _Now, the ~e~tleman from Mississippi stated that the Mississippi Mr. HAYES. So am I; bat I do not very often ask any time. River Commission does not recommend that this work be continued. Mr. HENDERSON, of Illinois. With the understanding that this The Chief of Engineers does recommend that the work be continued. will close the debate, I will not object. He says that this $111,250 can be profitably expended. The Missis­ Mr. HAYES. I am conte11t with that arrangement. sh>pi River Commission say: The CHAIRMAN. Without objection, the time of the gentleman Should Congress deem it advisable to continue the work. from Iowa [Mr. HAYES] will be extended for five minutes. !Ve~, no~,~ not that the ~se with regard to a.very appropriation in . Mr. HAYES then resumed and concluded his remarks, as alrea~y thlS blll? Is it not a question as to whether Congress decides to con­ ..... given. tinue it or not, whether an appropriation shall be made? They have The question being taken on the amendment of l\fr. HAYES it was said nothing more in regard to Hickman than they have said with re­ rejected. ' gard to every other point named in this bill. The Clerk read as follows: · . While, Mr. Chairman, the language may be different from that used Ii R~~~ (J~~m\~i~~~rdance with the plans and specifications of the Mississippi in othe~ cas.es, yet as a matter of fact are not all of these improvements to be withheld or suspended unless Congress shall decide that the work Mr. STONE, of Kentucky. I move to amend by inserting, after the should be done? It is for Congress to say whether the appropriation paragraph just read, the following: shall be made or not to carry them on. At Hickman, Ky.: Continuillg improvement, $50,000. . Now, upo"!l what sort of evidence or testimony are yon going to de­ Mr. Chairman, I offer this amendment because it seems that by in­ Qde that this work shall be done? Why, upon the evidence and tes­ advertence or perhaps from a inisunderstanding of the report of the timony of the Chief of Engineers; and he says, on page 2680 of the re­ port, thatit will require $111,250 to complete the work, and that this e~~neers, t~e Committee on Rivers and Harbors has le~ out any pro­ vision for Hickman, Ky. There has been appropriated heretofore for sum can be expended there in one season. Now, the gentleman from the improvement of the harbor at Hickman $88, 750. The estimated Mississippi has got an idea that this additional appropriation is to be made for the protection of some low lands lying down below the town cos~ of the entire work is $200,000. The engineer says in his report which I have before me, that the sum of $111,250 is still required t~ ot Hickman. In this regard he is entirely mistaken, as any gentleman :finish the work. who has ever been upon the ground would 1'e able to say. The work The Committee on Rivers and Harbors have not included in thid bill already done is just above a point ot rocks jutting ·into the river near any appropriatio~ for this work, and I offer this. amendment. )taming the upper part of the town; and the idea of the report of the commis­ $50,000, becanse it seems to me to correspond with the propo-\-tion of sion is that if the work is t.o be continued at all it should be done be­ the estimate which ha.s been allowed at different points named in the low this bed of rocks and near the centei of the town; in fact immedi- bill. ately at the steam-boat landing. ' There can be no good reas0n why this amendment should not be ~ hope, Mr. Chairman, the committee will adopt the amendment. ~t 1S valuable from a commercial standpoint and· most desirable for the · a~~pted. If there w~ any reason why the committee left out this pro­ VIS1on I can not see it. In the report of the engineers an estimate is improvement of the river at that point. It is also valuable and eco­ made for this work, just as for every item included in the bill. I sub­ nomica~ as a saving of the work already done and in continuation of mit that in view of the importance bf the work and of the fact that the the proJect adopted by the Mississippi River Commission at this point. engineers have recommended an expenditure of this kind the amend­ I hope, ther~fore, that Hickman will not be left out simply on account ment should be adopted. The committee should not be partial in o~ the pec~liar use of language in the report of the commission, espe­ leaving out provision for the work at"this point, while other points no cially m VIew of the fact that the engineer says positively that this more important ara included. $111,000isneeded. Mr. CATCHINGS. I move to strike out the last word. - [Here the hammer fell.] Mr. Chairman, I dislike very much to oppose this,amendment know­ The question being taken on the amendment of Mr. Stone of Ken· ing as I do that my friend from Kentucky [Mr. STONE] has the mat­ tucky, the committee divided; and there were-ayes 49, no~ 66. ter very greatly at heart; but it is dne that I should make a statement Mr. STONE, of Kentucky. I ask for tellers. to. the committee of the reasons which prompted the Committee on Tellers were ordered. Rivers and Harbors to omit this item, which he says is to be found in The CHAIRMAN announced the appointment of Mr. STONE, of Ken­ the estimates of the Mississippi River Commission. As a matter of tucky, and Mr. HENDERSON, of Illinois, as tellers. fact, Mr. Chairman, the Mississippi River Commission do not recom­ The committee again divided; and the tellers reported-ayes 49, mend this appropriation, and I can substantiate my statement best by noes 67. reading just what they say on this subject. I now read from the re­ So the amendment was rejected. port of the commission. They say, on page 2599: JI.Ir. STONE, of Kentucky. I now offer a further amendment. The Clerk read as follows: Hickman, Ky. (36 ~iles below C:airo). The same remarks as for Columbus apply to the appropriations for this place. There is a troublPsome caving in At the end of line 21, insert "nt Columbus, Ky., for continuing improvement progress at the upper part of the town, and this caving extends for some dis­ $25,000." • tance along the low bottoms above the bluffs on which most of the town is built. The commission propose, during the cu'rrent sea.son to construct 1000 Mr. McCREARY. Where does that come in? feet of reve~ent of standard type along the threatened p~rtion of the to'wn Mr. STONE, of Kentucky. After the twenty-first line on page 54. front, which is the only valuable property known to be in danger. The reason for this amendment, Mr. Chairman, is that it was left out ·' I '

5356 CONGRESSIONAL RECORD-HOUSE. MAY 27,

of the river and harbor bill altogether, as reported from the committee, ence the city of Vidalia, on the opposite side of the river, which is the on a report made on the 4th of June, 1839, that the work was begun. county seat of Concordia Parish. The engi.neer reported that be was of opinion that the appropriation Mr. GROSVENOR. Mr. Chairman, it is much pleasanter for me i9 already made"1ould complete the jmprovement there.. It was l~ft out favor an amendment than to oppose it, if I can in that way do my dutv for that reason. But, in addition to the amount already appropriated, as a member of this committee. It is -very unsafe to undertake to set­ I am informed, from the reports of the engineers, that it will require tle here in this hurried manner the interest of every harbor or landing. $50,000 more to complete the improvements. For that reason and in place lying along the Mississippi River. Now, 1.he reportofthe Mis.sis· accordance with the system adopted in the bill-that is, of giving one­ sippi River Commission upon this point-and I will read it-is very half of the estimates-I have only asked the appropriation of $25,000 brief: this year for that work. · Natchez a.nd Vidalia (598 miles below Cairo). No work was done at this place, -I certainly hope, Mr. Chairman, that as th ts is a small sum of money, only a small balance remaining from former appropriations for the locality. The plan proposed contemplates shore protection and a spur levee a.long the point that as Columbus is one of the most important points on the Missis­ above Natchez, where a cut-off is threatened. The estimate for the work is sippi River, one of the finest fruit-growing regions in the United States, $750,000, of which 5250,000 would be needed the first year. in the center of the best wheat belts anywhere east of the Rocky Mount­ ains, the terminus of two great rl\ilway systems, the real head of navi­ In a previous report they say that if spur dikes fail and they should gation of the l\lississippi River in the severest winters, this appropria· have to use mattress work it would cost twice as much. Th:i.t would tion will be made in order to complete that work at that point, and be a million and a half of dollars. Now, the Mississippi River Com· thus save and protect it in the interest of commerce. mission have abundant power and jurisdiction, if any special emergency The amendment was rejected. happens at this point, to expend the general appropriation of the river llfr. BOATNER. l\Ir. Chairma.n, I offer the following amendment. for this purpose, and it will not do to permit in·this sort of way every The Clerk read as follo'!_s: threatened invasion of a town or a harbor to call forth without speci· fication or without any plans the expenditme of large sums of money On page 54, after line 25, insert the following: "For protection of the ha1·bor merely upon the statement of a town meeting. [Cries of "Vote!" of N a.tchez, Miss., S-Z00,000." "Vote!"] Mr. HENDERSON, of Illinois. Let us have a vote. Mr. BOATNER. Mr. Chairman, I move to strike out the last word. Mr. BOATNER. Mr. Chairman, I will ask the indulgence of the I hope the gentleman will permit me to speak about such an improve· committee for a fe.w momeut.s while I endeavor to state the very great ment a-s this. importance of this amendment. Since the Mississippi River Commis­ Mr. GROSVENOR. I tlo not object. sion has made its report and since this bill has been reported, the Mis­ Mr. BOATNER. 1 desire to call the attention of the gentleman sissippi River has commenced to cave just above the city of Natchez in from Ohio, before he takes his seat, to the plat which I furnished him, such a manner as threatens not only to leave that city a mile and a which °shows the danger to which I have called the attention of the half or two miles from the river, but to utterly destroy the town of committee. I call his attention further to the fact that this bill car­ Vidalia on -the opposite side of the river. It is a town of five or six ries special appropriations for Greenville= for Vicksburg, for Memphis, hundred inhabitants and is the parish site of Concordia Parish, con­ and for New Orleans, and that the Mississippi River Commission may taining expensive public buildings. The Mississippi River Commission very well say "If it had been the intention of Congress that any of have on a number of occasions in their reports pointed out the neces­ this money should be used to proteci; the harbor of Natchez it would sity for some work being done at Co"\_V Pen Point for the purpose of ar­ have so stated in the law;" and from the fact that it contains no such resting the disposition of the river to cut through this bend, but the J?rovision they may and will infer that they a.re not authoriz.ed to spend caving haa only become so dangerous recently, and I have received and any of the appropriation for this purpose. sent. to the Clerk's desk to be read the proceedings of a meeting held Now, I ask for this appropriation of $200,000 because it is a matter in the town of Vidalia setting forth the urgent necessity for this work. of supreme importance to the localities named. I call the gentleman's The Clerk read as follows: attention to where this great cave has taken place. Theamoant asked RESOLUTIONS OF l\IASS llIEETING. will arrest that cave and keep the river where it is, and prevent for many years the destruction now threatened. [Cries of "Vote!"] At a. mass meeting held at Vidalia., La., on Tuesday, .April 29, 1890, Hon. F. S. Shields was elected chairman and John Da.le secretary. Mr. GROSVENOR. I can not add anything to what I have said. · The chairman explained the objeci of the meeting, after which the following There is no estimate for that sort of work. resolutions were offered a.nd unanimously adopted, to wit: Whereas the harbor of Vidalia, La.., and Natchez, Miss., are imminently MESSAGE FROM THE PRESIDENT. threat-ened by the making of a. cut-off across Cow Pen Point, directly a.hove Vidalia., thereby causing the rapid caving of the site of the town and large areas The committee oso informally; and Mr. GEAR having taken the of cuHiva.ted lands above a.nd below and the leaving of the city of Natchez at chair as Speake pro tempore, a message in writing from the President an early date .2 miles inland; and · Whereas there is now very great danger that the river will make said cut-off of the United tates was communicated to the House of Representa­ above Natchez, at Cow Pen Point, where a. great volume of water is now flow­ tives by Mr. UDEN, one of his secretaries, who also announced that ing across the narrow neck of said point, which is now less than a half mile the Preside had approved and signed an act (H. R. 6419) to amend wide, and if the cha.noel of the river should be changed to this bed, the current will be directed against the bank on which is located the parish seat of Concor­ section 229 of the Revised Statutes of the United States, and for other dia. Parish and the town of Vidalia, which would rapidly be cutoff and the town would be entirely destroyed. Jn which eventsand-bars would fill the now deep­ RIVER .AND HARBOR APPROPRIATION BILL. wa.ter harbor of Natchez and it would soon be lefl:. an inland town. These ca- lamities to the commerce of the river, to the harbors of Vidalia. and Natchez, mittee resumed its session. to the.properties of these communities, and to the large railroad interests now 1tfr. OCKDALE. Mr. Chairman, I wouid like to ask the gentle· centering in these cities, are now imminent; and Whereas the Mississippi River Commission reported as early as 1885 the man from Ohio '[Mr. GRQSVENOR] if fo is his o,pinion that the Missis· 11ecessity for this work, a.nd recommended an a.ppropriation for these harbors; sippi River Commission bas the right to use a portion of the million a~ereas the rapid eocroachment of the dver on this land, ltnd evident da.n- dollars appropriated in advance, or of the amount appropriated here, ger of the early accomplishment of the cut-off, and untold consequent destruc. for such an emergency as to prevent the threatened cut-off at NatcheZ' tion to property and injury to the channel of the river here, and all the near Harbor? bends above and below, admit of no further dela.y: Therefore, M GROSVENOR Wh t · s- th · t f Be it t·esolved 1Jy the citizens of Vidalia and Concordia, in mass meeting assembled, r. • a ever JS necessary ior e improvemen o That we earnestly urge upon our Sena.tors and Representative of our district the navigation of the Mississippi ·River the commission has the right and the other members of the Louisiana delegation to use every possible exer- to appropriate that money for and whatever is not for the benefit of tion to secure ali"runendment to the river and harbor bill, or otherwise, for an · · f h Mi · · · R' th · · h · ht to immediatea.rople appropriation for the protection of the harbors of Vidalia and the nav1gat1on 0 t e SSlSSlppl iver e commiss1on as no rig Natchez, and thereby a preservation from destruction of our parish seat, with appropriate the money for. • all public buildings. Mr. BOATNER. Would they have a right under this bill to use this Be it furTh.er resoived, That the secretary of this meeting be directed to send s- th t ti f h b h' h · t d · th bill? copies of these resolutions to our Senators and Representatives a.t Washington money .tOr e pro ec on o a ar or W lC IS no name m e and to the members from Louisiana of the Mississippi River Commission. Mr. GROSVENOR. If it was in the interest of the navigation of the F. s. SHIELDS, Chairman. river they would; and "navigation" is a very broad term in it.a ap- JNO. DALE, Secretary. plication to a river. It means not only the flow of the water, but also Mr. BOATNER. Mr. Chairman, I only desire to say in conclusion the landing of the boats and everything of that sort. that identically the same calamity threatens Natchez that occurred some The amendment was rej ec~d. eight or ten years ago at Vicksburg. At that time the river cut through The Clerk read as follows: a bend just opposite the city and left it about a mile and a half from At the head of tlle Atcha.falaya. and the mouth of Red River, Louisiana for the river, and this Government, I believe, has spent not less than the rectification thereof, by preventing further enlargement of the Atcha.faia.ya and restricting its outlet capacity, and for turning the waters of Red River into . $1,000,000 to restore a harbor which might have been saved with$100,- the north or upper channel a.round Turnbull's Ial11ndt and.for keeping.op.en a 000, and which can not be restored. Now, if this Honse will not make navigable channel through the mouth of Red or mto the Miss1ss1ppi, an appropriation for this work, and this committee will not give atten- $lSO,ooo. tion to a matter of such importance and refuses to appropriate for it, M:r. BOATNER. I move to strike out the whole paragraph. then the calamity can not be averted. The Mississippi will break Mr. WILKINSON. Mr. Chairman,· I offer the amendment which I through above this town, and Natchez, a city of 10,000 inhabitants, a send to the desk. large and important manufacturing place, will not only be left away I The amendment was read, as follows: from the .river, bnt the river will utterly destroy and wipe out of exist- Page 55, Iine 6, aft.er the word" river," insert "at low water." ·\

1890. CONGRESSIONAL RECORD-HOUSE. 5357

[Mr. WILKINSON withholds bis remarks for revision. See Appen­ Now, Mr. Chairman, t.he whole question is one of the navigation of dix.] the Red Rive! as against the protection of the Ouachita and Black River Mr. BLANCH.ARD. :Mr. Chairman, I dislike very much to have to Valleys and t.be Atchafalayn, country from overflow. The Atcbafalaya. disagree with my colleague who has just addressed the committee [Mr. is the natural outlet of the Black and Red Rivers. Itis the river which WILKINSON], but this work going on at the mouth of the Red River formerly carried their waters to the sea, and if the Mis..csissippi is kept and the bead of the Atchafalaya is regarded by the Committee on Rivers out of there that river is entirely capable of carrying off all the waters and Ha,rbors as one of the most important works in the entire South­ that come down the Black and the Ouachita, and in that way those west for which appropriations are made in this bill. two valleys will be protected from overflow. Mr. WILKINSON. I want to ask my colleague if it is meant by the In connection with my remarks on this subject I ask to have read an language of this bill to imply that a high-water dam can be or should extract from the proceedings of the police jury of the parish of Concor­ be built in the Red River? dia, Louisiana, showing the effect that is being had on the lands of'that Mr. BLANCH.ARD. I will answer the question of my colleague by and adjoining parishes by the work now being done at the mouth of the -· stating that the plan adopted for the treatment of the mouth of the Atchafalaya. Before the Clerk reads, I wish to say I am reliably in­ Red River and the head of the Atchafalaya, called the "rectification" formed that it is the opinion of the Mississippi River Commission at of those rivers, is the plan of the l\lississippi River Commission. It is this time that the pfan here recommended should be pursued, that the a plan adopted by them several years ago and recoo:imended to Congress, old river should be allowed to close itself up, which it would have done and se>eral appropriations have been made to carry out the plan. four or five years ago but for the yearly appropriations and the most Mr. WILKINSON". I hope my colleague will answer my question. strenuous exertions of the engineers to keep it open. Mr. BLANCH.ARD. And now, after a large sum of money has been The Clerk read as follows: expended on the work and when it is nearing completion, a change is [Extract from the proceedings of the police jury of the parish of Concordia, proposed in the plan by the amendment offered by my colleague. I State of Louisiana, protesting against the obstruction of the Atcha.falaya and Red Rivers.) think, Mr. ·Chairman, we bad better stand by the 1tlississippi River The police jury of Concordia Pl\rish met at the court-house in Vidalia, La.., Commission. I think we bad better stand by Captain Kingman, the on Monday, April 7, 1890,and there were present: Hon. J.C. Ferriday, presi­ United States engineer officer in charge of the works 'there, who ap­ dent; L. Lcmeuuier, A . G. Ober, T. D. Barker, A. Carothers, sr., and A. V. Davis,jr. Absent: H. H. 'Vilcox, W. H. Harvey, Dr. S. P. Hornsby, and C. B. peared before the Committee on Rivers and Harbors and made a very Burley. clear exposition, indeed, of the work he is doing at that point as the The minutesoflast meeting were read and approved. . executive officer of the commission. The following resolutions were, on motion, unanimously adooted, namely: The plan was one evolved by the Mississippi River Commission after R esolved, First. That we regard with alarm the action of the Mississippi River Commission in placing dams or sills across the Atchafalaya. River o.nd the pro­ some time spent in the study of the problem, and every member of the posed further obstruction to the free discharge of the waters of the Red River River and Harbor Committ.ee who heard Captain Kingman's explana­ and its tributaries to the Gulf by way of the Atchafalaya, as tending to cause tion of the plan was satisfied that it is not only a vny impo1tant work the overflow by back water of this and adjoining parish~, and to d e prive the Tensas basin of the only drainage outlet in high water provided by nature. of improvement, but is perhaps the most interesting problem of river R esolved, Second. That we most earnestly protest against any obstructions I• and harbor improvement going on in the United States. being placed in either the Red River or the Atcllafala.ya which shall restrict or Mr. BOATNER. Very interesting to the people who live there. impede the free discharge of Red River by way of the Atchafalaya, as an inter­ ference with vested rights and depriving the citizens of this parish of their prop· Mr. BLANCHARD. This appropriation will netlrly complete it. erty without just compensation. My colleague's amendment is unnecessary, will accomplish no good, Resolved, Third. That we urge upon our members and Senators in Congre!!I to use their efforts to secure the divorcing of the Red River and At-0hafalaya and I do not think it should be adopted. from the Mississippi by continuing the levees of this parish across Red River [Mr. WILKINSON withholds his remarks for revision. See Appen­ and connecting them with those of Pointe Coupee, and adopting tlte Plaque­ mine route for navigation, c.s origino.Uy recommended by the Mississippi River dix.] Commission. ,/ The CHAIRMAN. The question is on the amendment of the gen­ Resolved, Fourth. That a committee of three tax-payers be appointed to pre· tleman from Louisiana [Mr. WILKINSON]. sent copies of these resolutions to Senators and Representatives in Congress from this State, to the Secretary of War, and the Mississippi River Commission, Mr. BOATNER. I desire to offer a substitute for that amendment. and that said committee be further authorized to ascertain what legal proceed­ I offer the amendment which I send to the desk. ings should be taken to secure the removal of the obstructions already placed The Clerk read as follows: in the Atchafalaya and to prevent further interference with the natural drain­ age of the pari~h 1f too late to obtain relief at the hands of Congress. Strike out the paragraph from line 3 to line 10, on page55. Adopted_April 8, 1890. Mr. BOATNER. Mr. Chairman, my object in offering this amend­ J, C. FERRIDAY, President. ment. is to obtain if possible an abandonment of the plan which is now Attest: being pursued by the Mississippi River Commission at the mouth of GUS. LEMLE, Cle1·l:. the Atchafalaya. I think that my distinguished colleague who has Mr. BOATNER. Mr. Chairman, in concluding my remarks I wish just addressed the committ;ee is mistaken in saying that this work is to state that the effect of these works at the mouth of the Atchafalaya in execution of a plan recommended by the Mississippi River Commis­ bas -been this very season to back the water up the Black River and the sion. On the contrary, in 1882 that commission made the following Ouachita 100 miles and to create an overflow there, before there was one recommendations: drop of crevasse water escaping above. The plan now in process of ex­ 'Ve therefore recommend that, at the earliest possible time, a continuous ecution proposes to open the month of Old River in order that the Mis­ brush sill be laid across Old River between Turnbull's Island and the Missis· sissippi may fl.ow in there; and the Atchafa1aya is then dammed up, so sippi, at such point as surveys show to be advisl\ble, with the object of check­ ing the enlargement of the outlet from the l\fississippi at that point. as to prevent the discharge of the water, the consequence being, as I The sill should ho.Ye a base of not less than 200 feet, and a. navigable channel have stated, thatthe water coming in there bas backed up Black Hiver over its crest of 5 by 200 feet at extreme low water in the l\lississippi. It should 100 miles. be continued up and for some distance on the banks, and be well secured throughout with balJast. The growth of the willows on the upper part should [Here the hammer fell.] be encouraged. - l\fr. HENDERSON, of Illinois. I now ask for a vote. The banks above and below the sill should be protected against washing or The CHAIRMAN. Debate is exhausted. caving. · We also recommend that the study of the subject be continued in order to as­ Mr. CHEADLE. Mr. Chairman, I move to amend by strikiners on the other. Second. The feasibility of giving navigable access to the Atchafalaya, Tecbe, Rivers and Harbors. I am asked here to vote for or against an appro­ and Red Rivers through locks in Bayou Plaquemine. priation of one quarter of a million of dollars for the i>urpose of im­ Third. The improvements needed for the navigation of the Plaquemine, and proving the navigation of the Mississippi River. One member of the } of the Atcbafala.ya above its junction ~ith that stream. Fourth. The improvements needed in the Atchafalaya below the junction of Louisiana. delegation in this Honse thinks that this appropriation ought the Plaquemine for navigation and to-give vent to the increasing discharge to be left in the bill, wbHe another, living near the locality in question from abo>e. _and who is acquainted with the facts, says that the appropriation ought In other words, they recommend that the Mississippi and the Red to be struck out, and that the waters of the Red River ought to be River systems should be divorced; that the banks between those two kept from coming iuto. the Mississippi River, ought to be permitted to rivers should be allowed to build up by the annual deposit of sedi- follow tbeir natural course to the sea. Now, here is a radical differ­ - men-t, and that the Atchafalaya be allowed to carry the waters of the ence. If the waters of the Red River ought to follow the old channel Red and Black Rivers, aud that the waters of the Mississippi should be to the sea, it seems to me the amendmentofthegentleman from Loui­ confined to its channel. Instead of pursuing the policy recommended siana ought to prevail, and this appropriation of a quarter of a million and proposed by the Mississippi Riv~r Commission the river and har- do1lars ought to be struck out. If that amendment ou·gbt not to pre­ 1.ior bill of that year contained an appropriation for opening the mouth vail, then some good reasons should be given why the waters of the of Red River, with a direction to the commission that they should Red River should be permitted to flow into the Mississippi River. maintain a channel between the Red River and the MissisSippi. In­ Mr. HENDERSON, of Illinois. The provision contained in this bill, stead of allowing the 1\Iissis.sippi Rh-er Commission to carry out their as I understand and as was stated by my colleague on the committee programme of laying a sill across the mouth of Old River where it [Mr. BLANCHARD], is in accordance with the recommendation of the enters the Mississippi, they were commanded by the action of this Mississippi River Commission. The committee had before them the. body to keep the mouth open; and an appropriation was-made for that engineer, who made one of the most interesting statements I think purpose. that I heard during all of our investigation, showing the effect which ' I 5358 CONGRESSIONAL REOORD-HOUSE. MAY 27,

this improvement would have. I do not believe there should be any Mr. BOATNER. Mr. Chairman-- change in the provision as contained in the bill I hope we shall have Mr. HENDERSON, of Illinois. Mr. Chairman, I must ask to limit a vote. r debate upon this amendment, unless we can have a vote upon it. The CHAIRMAN. Debate is exhausted. The CHAIRMAN. The Chair has recognized gentlemen for and Mr. BLA..."fCHARD. Ur. Chairman, I move to amend by striking against the amendment.. out the last three words. I regret to be obliged to differ from my two Mr. BOATNER. I rise to a parliamentary inquiry. colleagues in regard to this matter. It is safe for me to say that the The CHAIRMAN. The gentleman will state it. only two gentlemen from Louisiana in the House who take the view Mr. BOATNER. Can I be heard in reply to the remarks of my col- that this appropriation should be restricted or stricken out are my league? colleague who just now spoke [Mr. BOATNER] and my other colleague The CHAIRMAN. The gentleman has been heard upon his amend- who spoke before him [Mr. WILKINSON]. The other members from I ment and another gentleman has been heard in response. Louisiana agree with me in respect t.o this matter, as I understand their Mr. BOATNER. Then I move to strike out the last word. position. • Mr. HENDERSON, of Illinois. I would like to be permitted to try A MEMBER. And agree with the commission. to reach some understanding in. reference to the time of debate before Mr. BLANCHARD. And agree with the commission. Ithe gentleman proceeds. Mr. BOATNER. Willmycolleaguepermitmetoaskhimaquestion? Mr. BOATNER. I only want five minutes. Mr. BLANCHARD. I regret I can n<>t. My time is limited to five Mr. HENDERSON, of Illinois. Then I ask unanimous consent that minutes. My colleague from the Fifth Congressional district of Loui- the debate be limited to five minutes. siana is entirely in error when he says that this is not the plan of the Mr. BLANCHARD. My colleague [Mr. ROBERTSON] wants five Mississippi River Commission. Why, Mr. Chairman, suFely my col- minutes; and I ask the gentleman to make it ten minutes. league has not examined the reports of the Mississippi River Commission Mr. HENDERSON, of lliinois. Very well; then I will ask that de- on this question with much effect, if he takes that position. For two bate to be limited to ten minutes. or three years the commission were in doubt as to what should be done The CHAIRMAN. Is there objection to the request of the gentle- at tbe mouth of Red River, the head of the Atcha.falaya, and took the man from Illinois? matter under consideration; but finally they evolved out of this situa.- There was no objection, and it was so ordered. tion the plan which was adopted by Congress several years ago, appro- Mr. BOATNER. Mr. Chairman, I do not want to believe, and I do priations made to carry it into effect, and now the work there is near- not believe, that my colleague from the Fourth district of Louisiana de­ ing completion. sires to misle:ul the House with reference to this question; and yet the H the amendment offered by my colleague from the Fifth district is remarks be has· made to the House are, in my juclgment, entirely mis­ adopted, it strikes wit)l nnllit y, and loses forever, the large appropria- leading. I did not say that the work now being prosecuted at the mouth tions which bave been already expended by order of Congress in the oftlleAtcbafalayaRiverwasnotinaccord::mcewiththeplansandspeci­ prosecntion of this great work. fications of the Mississippi River Commission. I did not say it was not Mr. HENDERSON, of Iowa. Will the gentleman yield for n ques- being prosecuted in accordance with their recommendations for the tion? purpose of maintaining the channel of the Red River to the Missis- :Mr. BLANCHARD. Well, I have not much time, but what is it? sippi River; but I did say, and I reiterate it nO\v, that it is in the teeth Mr. HENDERSON, of Iowa. I understand your colleague says that of the plan originally recommended, which was that the Mississippi the plan proposed is in direct conflict with the recommendation of the should be divorced from the Atchafalaya, and that recommendation Mississippi Hiver Commission. Is that correct? was made in the direct line of their opposition to the outlet system, Mr. BLANCHARD. On the contrary, the plan is that of the com- the Atcbafalaya being then, as it is now, an enormous outlet of the mission. My colleague is mistaken. The very language of the appro· Mississippi River. priation shows that the work is to be done according to the comm.is- Mr. HENDERSON, of Iowa. Will the gentleman yield for a q_ues- sion 's plan. Here is the language: tion? For work in accordance with the plans and specifications of the Mississippi Mr. BOATNER. Certainly. RiT~r Commission; . . . . . Mr. HENDERSON, of Iowa. Do I understand that the gentleman First. At Gre~nv1 lle, Miss:: Contml_lm~ Im_Pro~eruent, Sl20,000. is in favor of striking out this appropriation of a quarter of a million of Second. At Vicksburg, Miss.: Contmrung improvement, $120,000. • Third. At New Orleans, La.: Continuing improvement $100,000. I dollars? · Fourth. A..t the head of tb.e Atchafalaya and the mouth of Red River, La. Mr. BOATNER. I am. Thfa same language is contained in the last several river and harbor Mr. HENDERSON, of Iowa. Do you propose any other substituto bills. It would have been ridiculous to adopt a plan which was not involving an expenditure to take its place? the commission' a and then say" in accordance with the plans and speci- Ur. BOATNER. No; J ·do not. fications of the l\fississippi River Commission." · Mr. HE.l~DERSON, of Iowa. Then you ought to be beard. That which my colleague read from the report of the commission was l\fr. CHEADLE. That i'J just what I said. what they said about this matter when they bad it first under con- Ur. BOATNER. :Mr. Chairman, I was about to say that many yeara sideration, but subsequently to that time they recommended to Con- ago the Missis3ippi River cut into Red River, leaving the part above gress this plan which was adopted by Congress, and appropriations still known a.c:; the Red River and the lower end what is known as the aggregating nearly or quite a. million of dollars have been made and Atchafalaya, the Red running down the Mis.sissippi and finally again expended in accordance with theit plans. Captain Kingman is the ex- into the Atcbafalaya River. · ecntive officer of the commission in charge of the work. He told the Now, the Mississippi, which had by caving formed a connection with Committee on Rivers and Harbors in February last that this $250,000 Red River, bas for the last ten years shown a determination to go back would Tery nearly complete the work. My.colleague of the Commit- to its old channel and to leave the Red River system as she found it. tee on Rivera and Harbors [Mr. CATCHINGS] visited this work last Three or four times within that time Red River, which was the bed of summer in company with the Mississippi River Commission and fully the Mississippi at the time the connection with Red was formed, has inspected it. I, too, was to have been with the commission at the gone entirely dry, leaving no channel whatever into the Mississippi. time, but was detained by business and unable to go. I say that the plan which the commission originally commended was My colleagues who favor the striking out of this appropriation are that the Atcbafalaya be allowed to carry the water of the Red and the hardly consistent. They are in hearty accord with the Mississippi Black, and that navigation be maintained through the Plaquemine.

River Commission when it comes to reporting a0 • t the outlet sys- Now, my colleague who advocates the present plan was at that time tern and in favor of the levee system, but they now condemn the plan on the Committee on Rivers and Harbors, and, instead of adopting the of the commission at this part of the Mississippi River. If this substi- recommendations of the commission, inserted a provision in the river tote were adopted and the Red River were turned oodily down the and harbor bill of that year making an appropriation to maintain a Atchafalaya River, what would be the result? Nearly 3,000 miles of channel at the month of Red River, and thus pra~tically commanding navigable water ways in my Congres.sional district and the district of the commissfon to do so. my colleagne who offered the proposition to strike out would be totally I have been informed by J u.dge H. R. Steele, of Natchez, Miss., that cut off from connection with the Mississippi .River. The steam-boats General Gillmore.had informed him that the work at the mouth of the that; ply those rivers could not get to New Orleans or Baton Rouge, the Red River was contrary to the judgment of the commission an.d was capital of the State. - performed because of the mandatory provision of the act of Congress ; What use then would be the large sums appropriated in this bill for that tbey bad recommended that the Mis.sissippi be divorced from the the Reel River and its tributariesand whichhaveheretofoie beenappro- Rerl Hiver and Black River system, so that the Atchafalaya would be priated for those rivers? New Orleans is the destination of all the left to carry the water of those streams, and the waters of the Missis­ boats which navigate those rivers, and my people object to being cut sippi confined to its own channel, and not allowed to escape through the off from it and to having the usefulness of their river destroyecl. I Atchafalaya; that Congress had not seen fit to adopt that suggestion, simply ask that the Mississippi River Commission shall not be inter- but had · inserted a provision in the appropriation bill directing that fered with in respect to this work, when the work is so near comple- the channel be kept open between the Red River and the Mississippi, tion, and especially when so large an amount has already been ex- and the commission, ~the servan.tB of Congress, were bound to carry pended upon it. · its direction.into effect; and that he said it was none of the business of .[Here the hammer fell.] the commission to lobby their plans through, but to execute the direc- . / 1890. CONGRESSIONAL RECORD-HOUSE. 535.9

tions of Congress, wh.o said it was not for the commission to come here iny judgment, upon the adoption or rejection of this amendment de· and lobby; and that Congress bad said this communication between pends entirely the utility of this appropriation, and as I have received the two streams was t-0 be ke-pt open, and it has been kept open, as the from the president of the Missouri Ri mmission, Colonel Suter, gentleman says, at an expenditure of $1, 000, 000. since this provision of the bill was d.ranghted, an important communica-- Now, I say, as the represent.a ti ve of that particular country-and you tion in reference to this matt.er which I desire to read for the informa­ will recollect that this is in my district-that we do not.want our conn- tion of this committee, I ask unanimous consent that I be permitted try sacrificed and devastated by overflows and back-water in order to to proceed for ten minutes. carry out my colleague's pet ideas of maintaining an opening through Mr. HEARD. -Mr. Chairman, I hope that consent will be granted Red River into the Mississippi. l\Ir. Chairman, what I want is that to my colleague, and I trust that I or my colleague, Mr. BLAND, both navigation between the two rivers shall be hau through the Plaque- of us being opposed to this proposition, may have a similar extension mine, and that the recommendations made by the commission in 1882 of time if it is desired. be adopted and acted upon. By this plan the enormous volume of Mr. GROSVENOR. I shall object to the request of the gentleman water whlch now overflows the country above the mouth of the At.cha- from .i\1issonri [Mr. TARSNEY] unless the gentleman will agree to a falaya will be confined to the Mississippi and the Atch.afalaya left to limit of the debate upon the whole paragraph. perform its legitimate function of discharging the waters of the Black Mr. TARSNEY. -I do not desire to take up any time, except enough and Red, of which it was formerly only a continuation. t-0 make a plain statement of information which I think this Committee [Here the hammer fe11.] of the Whole and also the Committee on Rivers and Harbors itself is Mr. ROBERTSON. Mr. Chairman, I dislike very much, sir, to dis- in need of. [Laughter.] agree with my co1league [Mr. BOATNER] who 11as just taken his seat. Mr. GROSVENOR. We had similar information before us when we I will siate that this improvement which is now going on at the were making up the bill. mouth of the Atchafalaya. is in my district, and that it affects very Mr. TARSNEY. !"beg pardon. This information has come to me materially the people who are locat;ed near t.he mouth of tbeAtcba- since the bill was reported. falaya. I will stat..e that gentlemen of influence and prominence lrir. GROSVENOR. I do not mean that we had exactly the informa­ in that section of country are in full sympathy ancl accord wit.hall the tion to which the gentleman .refers, but I mean that this whole con­ works of the Mississippi River Commission in its efforts to correct the test about the expenditure of this money was up before the Committee _ mouth of the Red River. Now, sir, Icannotseehow the change wbieh on Rivers and Harbors. has been made at the mouth of Red River can in any way affect the Mr. TARSNEY. The committee had before them statements from country th~t the gentleman speaks of. such scientists as myself and my colleagues from Missouri [laughter], Mr. BOATNER. Will the gentleman yield for a question? and upon the scientific statements made by such high authorities they Mr. ROBERTbO:N'°. Certainly. prepared this bill. Mr. Chairman, I ask unanimous consent that I be Mr. BOATNER. You ha-ve no objection to a sill being put in there allowed.to proceed for ten minutes. which backs the water up into my district. Mr. GROSVENOR. I must object unless we can agree upon a limi- 1\Ir. ROBERTSON. I do not ame 17 miles above ~;ts City, or neru:ly to Pomeroy, 5360 CONGRESSIONAL RECORD-HOUSE. MAY 27,

Kans., in order to secure a heading for the work:. This preliminary work will Now, Mr. Chairman, I repeat, there is some confusion of statement have cost when complet~d nearly half a. million dollars, and would probably have to be repeated whereveW' fresh start was made. Therefore it would seem about how this money was expended and what for. If the protection to me very poor economy ana decidedly bad policy to break in on a plan fairly of railroad property at Kansas City is the making of these ''headings,' 1 initiated and well under way, to begin nU ove r nga.in, somewhere else. It is of then I insist that it would be well, perhaps, to begin on a different course not impossible to do so, if there is any advantage to be gained, but I do not know of any myself, and, as f11r as the commission is concerned, they have plan where there would be less expenditure on "headings" of this par­ steadily adhered to the orig inal recommendation. ticular character, against which my colleague inveighed in his speech If the m utter is left to them, the pending appropriation would be mainly ex­ before the Committee on Rivers and Harbors. pended some distance below Kansas City , between Randolph and Missouri City in all probability. [Here the hammer fell.] . Very respectfully, your obedient servant, Mr. HENDERSON, of Illinois. I yield two and a half minutes to CHAS. R. SUTER, the ~entleman from Missouri [Mr. NIEDRINGHAUS]. L ie utenant-Colonel of Engineet·s, U. 8. A., President Missouri R iver Com1nission. The CHAIRMAN. The gentleman has five minutes remaining. Mr. NIEDRINGHAUS. Mr. Chairman, the last Congress appro· It will be observed that Colonel Suter tells the committee it is a priated $1,000,000 for the improvement of the Missouri River. Now, physical impossibility to commence at the mouth of that stream and nearly all that money was expended in certain localities, as my friend work upward. If he be correct in this view, then you are uppropriat;.. and colleague from Missouri [Mr. TARSNEY] stated before the commit­ ing $900, OOU for the improvement of the :\:Iissouri River, where he says tee, in the interest of private individuals. But very little money wa3 it will take $500, 000 to commence over _again and do work that is al­ expended upon the river proper, in fact not a dollar on the Lower Mis­ ready prepared. souri; so that the underwriters objected to insuring boats running on I reserve tha remainder of my time. that river, because there was no improvement going on there at all, the Mr. HEARD. Mr. Chairman, I am opposed to the amendment offered whole river having almost run t.o rack and min. by my colleague from Kansas City, because I believe the text of the bill Now, the lower river is almost the worst part of the river. The is exactly right in this rngard as it stands. I do not profess to possess any mouth of it bas changed within the last ten years as much as 6 miles. technical knowledge as an engineer. I do, however, believe it is ac­ A.11 .the improvements which may be made on the upper river will not cepted by most people who proceed upon common-sense views that· the improve navigation at all in the matter of connecting it with the improvement of this river should begin at the mouth, and so Major mouth, where it enters the Mississippi River. It is shown here that Suter declared in his report of 1831; and I have beard to-day for the the Missouri River Commission contended that to finish the work at first time that "the lower end of the river" does not mean the mouth. Kansas City would cost $600,000. Your committee contend that in I believe that ordinarily these two terms are accepted as synonymous. making this appropriation and giving the Secretary of War, and proba­ My colleague does not seem to think so, however. bly the-commission through him, the authority to protect the work, My colleague ha.s read from the letter of Major Suter in which he says and to make such improvements n.s are necessary for the immediate he did not intend, in the report of 1881 ; to insist that they should pro­ present, this appropriation would enable the commission to finish a ceed continuously upward with this work, as that is impossible. But section at the lower end of the river of perhaps 50 to 100 miles. he does not say it is impossil>le to begin at the mouth of a river and The CHAIRMAN. The time of the gentleman has expired. proceed systematically upward in reaches of 50 or 100 miles each as he Mr. HENDERSON, of Illinois. I yield the rest of the time to the recommended in said report, and as in the judgment of the commission gentleman from Missouri [Mr. BLAND]. · · it might be practicable to do. 1\Ir. BLAND. In the remarks of my colleague there is evidently But, Mr. Chairman, my colleague has alto~ether overlooked the re­ some misapprehension about Major Suter's letter. As I understand it, port made by l\Iajor Suter in 1881, in which he says, as will be shown he seems not to· have read the bill at all. He considers it to mean that by my colleague [Ur. BLAND], that for obvious reasons this improve­ this improvement is to be made, commencing from the mouth of the ment should begin at the mouth of the river. river and working continuously up stream. That is not the bill at all. Now, Mr. Chairman, in the name of common sense, w}ly should not If that is his apprehension of it he is mistaken. It is simply to com­ the month of the river be opened before millions of dollars are ex­ mence where Major Suter advised. The recommendation of Major pended on the middle of it without the knowledge that it will be Suter in 1881 was in these words: opened at the mouth? Unless the mouth of the river is opened in For many reasons it would be advisable to begin at the mouth of the Mia. order that the commerce of that valley may have egress to the Missis­ souri and work up stream, ma.king the improvement continuous and complete sippi River and to the markets located thereon, I insist that an ex­ as it progresses. penditure of millions of dollars farther up the river, leaving the mouth That is all the bill suggests or co;ntemplates. practically closed, us it is now, would be an unjustifiable expenditure Now, the lower river, from Kansas City down to its mouth, has been of money. neglected. It had been opened up above, and all the silt and drift­ If we begin at the mouth of the river and demonstrate that it is wood and everything goes on down on the lower river and chokes up practicable to open it and make good navigation there, the people of the channel and disperses the waters over that country until the con­ this country will not withhold from us the appropriations necessary to dition of things is such that the people of Missouri wonld prefer not further improve the body of that great river. Jf tJiis improvement to have a dollar appropriated for the river unless it is opened up at the be pegun at the mouth Qf the river, as proposed in the bill and as I be­ mouth, so it can sluice its way through. That is the whole situation lieve ought to be done, every stretch oflO miles which maybeopened of it. inures to the benefit of the navigation of the entire river from its As stated by my colleague, improvements have been going on above mouth to Fort Benton. If we should begin the work at a point above Kansas City for the benefit of cities and railroad bridges, to the utter the month and extend it downward, then logically we should begin neglect of the river itself. This Missouri River Commission never should at Fort Benton, insteaU of beginning in the middle of the river. have been organized or appointed. When MajorSuter made this recom­ Mr. HENDERSON, of Iowa. Major Suter says it can not be done. mendation he made it accordiDg to plans and surveys made by himsell Mr. HEARD. He does not say that. It was a reasonable plan and ought to have been adopted; but it did not Mr. HENDERSO~, of Iowa. He says it is "a physical impossi­ suit some of the gentlemen higher up the river. They organized the com­ bility." mission, which should never have been organized, thereby changing the Mr. HEARD. No, sir; he says perhaps that it is .physically impos­ whole plan of the river, beginning with cities and railroad bridges, to the sible to proceed continuously upward, but he does not say that this im­ neglect of the river itself, wasting all the improvem~nts upon them in­ ·provement can not be made beginning at the mouth of the river. stead of on the river. Now, Mr. Chairman, my colleague bas read from the report of Major So far as Major Suter's letter is concerned it does not conflict with Suter that it cost about half a million dollars to make certain "head­ the bill at all or wit;h. the plans he origin_aUy recommended. The ings" necessary to protect t.he work done, etc., and that to sec~re a mouth of the river, as I am told, has changed until you can scarcely ''beading" for the work, to be commenced at another point, it will be get out of it or run steamers through it. necessary to make similar expenditures. It is very essential that the mouth of the river shall be opened and Sir, I have before me a statement from the War Department showing the lower river attended to. I must confess, Mr. Chairman, that from that since the organization oftbis commission in 1884 there.has been ex­ the reading of the letter of Major Suter I am somewhat surprised that pended in the neighborhood of'.Kansas City $613,000; and I apprehend my colleague would contend here that this bill conflicts with his idea this embraces the expenditure for" headings/' to which my friend al­ at all, because the words "continuously improving up the stream" ludes. He says thatit does. Now, there is some confusion of statement are not in the bill, and he bases his letter upon these words. But it is here. I may be permitted to state that my colleague, when opposing simply to carry out the plan that Major Suter himself recommended, local appropriations before the Committee on Rivers and Harbors, stated and that the people of Missouri desire to have carried out, or else we that the money which had been expended on local appropriations had had better not appropriate any money for that river at all. The plan been, without exception, used for the protection of railroad bridges; is a systematic improvement of the river from its mout.h up. The idea and farther when aske by one of his colleagues if that was the case of improving a river at its headwaters only, and leaving over 300miles with the money expended at Kansas City he said, "Yes, every dollar of it from its mouth up unimproved, in my opinion is certainly a. ridicu­ of it;" and when the gentleman from Louisiana [Mr. BLANCHARD] lous proposition. called np specifically the different items of appropriation expended in Mr. TARSNEY. Mr. ,Chairman, we are hereabout to expend $900,­ that locality, my colleague was able to tell him just where those sev­ ·ooo for the improvement of this river. It is a good deal of money to eral sums were expended for the protection of this railroad property. appropriate. We want it-to be expended in the most advantageous ·-

1890. CONGRESSIONAL -RECORD-HOUSE.

manner. We want it wh{ln expended to be expended in sqch way as MESSAGE FROM THE SENATE. that we may derive s9me benefit from it. We want, therefore, the very The committee informally rose; and Mr. MOFFITT having taken the best light we can have as to what should be the niode of expenditure chair as Speaker pro tempore, a message from the Senate, by 1\Ir. Mc· so as to derive the greatest benefit. CooK, its Secretary, announced that the Senate had passed without The Missouri River Commission and Colonel Suter have told you amendment the joint resolution (H. Res. 167) authorizing and direct· t.hat if this bill is enacted ipto law as it is now framed, with _this limi­ ing the payment ot the salaries of the officers and employes of Con· tation upon the appropriation, it will be physically impossible to carry gress for the month of May, 1890. out the project of improving the river. Colonel Suter has told yon that The message also announced that the Senate agreed to the amend· .· if it were not physically impossible it would require an expenditure ments of the House to bills of the following titles: of one-half a million of dollars to do the work that is already com­ A bill (S. 55) to change the limit of appropriation for the public pleted. Now it seems to me that is enough for us to know. building at Jacksonville, Fla. ; and Again, who is interested in the navigation of this river? Are not ·A bill (S. 278) for the erection of a public building at 1\Iartinsburgb, those who are interested in the navigation of the river better advised W.Va. as to what is for their interest than those who are not so interested? RIVER AND HARBOR APPROPRIATIO~ BILL. In my own city a corporation has been organized, with over $150,000 The committee resumed its session. raised, and steam-boats purchased to put upon the river, within the The Clerk read as follows: past six months; and they demand that I shall stand here and protest Improving Napa RivP.~, California: Completing improvement, SI0,000. against this appropriation being frittered away and rendered abso­ Improving , California: Continuing improvement, $i5,000, lutely useless in the navigation of that stream. The scientific engi­ of which sum $23,750, or so muchthereofa.sma.ybenecessary,sha.ll be expended neers of the Department protest against it. The experts protest, and in closing Laird's Slough and Paradise Cut, and $24,00Q, or so much thereof as may be necessary, shall be expended in dredging, and $27,250, or so much yet we have the ideas of men who know no more than myself about thereof as may be necessary,' shall be expended for cutting oft' Head Reach. the scientific improvement of that river. Improving Petaluma. Creek, in California.: Continuing improvement,$1,000. In 1888 you appropriated $1, 000, 000 for that river, and those gentle­ Improvement of Redwood Creek, California: To complete dredging, $8,000. Improving canal at Lbe Cascades, Oregon: Continuing improvement, $100,000. men set up their scientific judgment against the judgment o~ these Improving Upper Columbia., including 8nake River, Oregon and Washing- trained scientists, and you put a legislative direction in providing ton: Continuing improvement, $20,000. where and how the money should be expended, until less than $225, - Improving the mouth of Columbia.River, Oregon: Continuing improvement, 000 was left to be expended in the di.Ecretion of the commission. True, $425,UOO. a great portion of that was expend_ed for the protection of railroad Mr. VANDEVER. I desire to offer the following amendment. .bridges and private property, but from Pomeroy, Kans., to below Kan­ The Clerk read as follows: On page 58, insert, after line 20, the following: sas City, a distance of 22 miles, beadings bad been made to carry " For constructing a. dredge to be used for the removal of material from tho out this work; and the money t~at has been expended near Kansas channel of Wilmington Harbor, California., $150,000." City bas been expended in that work, and it is a work of utility. Mr. VANDEVER. I desire to say in reference to the amendment I want to show how it has d~monstrated the utility of the plan of the which Ihaveoffered that the officers of the Engineer Department several -commission by saying that in that 22 miles it bas increased th~ depth years ago recommended an appropriation of $150,000 for the construe~ of water in the river from 3 to 11 feet on every inch of the 22 miles; tion of a dredge to be used at Wilmington Harbor and at other points and if these plans are carried out to perfection by this Congress it will on the southern coast of California; and it has never been acted upon. make the depth of the river navigable all the way for the greatest ves­ Now, on the improvement of Wilmington Harbor and a number of sels that will be engaged in carrying the commerce of that great high­ points on the southern Pacific coast, the Government has expended way. within the past twenty years some $800,000, but the appropriations Mr. HENDERSON, of ll1inois. Mr. Chairman, I only want to say have been niade from time to time in such small sums that there has this: That the committee have most carefully considered this whole been no economy in it, while it amounts to a large sum of money at question, and that this proposition in the bill is the best that could be the present time. done for the Missouri River, and that it ought to stand where it is. A considerable portion. of this expenditure has been from time to time [Cries of "Vote!" "Vote!"] to pay contractors for dredi;ing at certain points. The chairman of the The CHAIRMAN. The question is on the amendment of the gen­ Committee on Rivers and Harbors will bear witness that the report of tleman from Missouri. the engineers shows that this appropriation is a matter of economy. I The question was put; and the Chairman announced that the ''noes" say now that the commerce of this place is continually increasing, and seemed to have it. when they commenced making these improvements about nineteen Mr. TARSNEY. Division. years ago the depth of water at the entrance of this harbor was 2 feet The committee divided; and there were-ayes 26, noes 69. and to-day at the lowest tides it is 10 feet, and in full tides some 16 So the amendment was rejected. feet over the bar; but they have found that -after the sand has been The Clerk read as follows: removed there is a hard material in the bottom which requires the Improving Sacramento and Feathers Rivers, California.: Continuing improve­ agency of a powerful steam dredge to remove, and until this is done ment, $30,000. this harbor can not be adequately and economically improved. It is Mr. HEARD. Mr. Chairman, when the gentleman from Illinois, important to carry on this improvement and deepen this harbor, as it the chairman of this committee, offered an amendment to perfect the is the harbor for Los Angeles, the second city in California in size; .and section, I gave notice that I desired to offer an amendment at the it is a matter of economy as well as of necessity that this appropriation proper time to strike out the proviso. of $150,000 should be malie for the construction of this dredge. Mr. HENDERSON, of Illinois. I thought you had determined not Mr. GROSVENOR. The engineer in making his report this--year to do so. says that with the view of commencing dredging operations applica­ Mr. HEARD. I feel in duty bound to do it, and I desire to have tions were invited, and upon canvass of the bids received it was found two or three minutes to explain why. . [Cries of" Vote!" "Vote!"] that. the prices asked were too high, and the bids were rejected; then The CHAIRMAN. Debate upon the paragraph is exhausted by or­ bids were again solicited and again rejected, and failing to have the der of the committee. The amendment, however, will be acted upon. work done at reaso.nable figures by public competition they have en­ Mr. HEARD. ' I hoped !"might have permission to do it, because deavored to get other parties who have dredging outfits to undertake the chairman of the committee bad at the conclusion of the debate the work; and the engineer says that he expects to have this work done libe1ty to make a statement of the proposition. by other parties owning these dredging outfits at a price that may be Now. the proposition I desire to speak to-- considered reasonable and acceptable to the Government. The CHAIRMAN. The Chair allowed the chairman of the com­ Mr. V .A.NDEVER. I desire to say further that the engineers did mittee to occupy the time the gentleman from Missouri had not oon­ make a strong recommendation two or three years ago, in the interest ,, sumed. of eronomy, that the Government should provide a steam dredge. The Mr. HEARD. I beg the Chair's pardon. The Chair bad rapped for Government has been entirely at the mercy of these contractors, as ap· my colleague to take his seat before be was through, and the Chair pears by the report which has been read by the gentleman who bas just then recognized the chairman of the committee. sat down [Mr. GROSVENOR], and it is a matter of economy to provide The CHAIRMAN. The gentleman from Missouri sat down before this steam dredge for nse at this point and at other points on the coast his time had expired. of Southern California, in order that the work may be effectively a.nd Mr. HEARD. Not until the Chair had rapped him down. economically carried on and a waste of money :prevented. The CHAIRMAN. The Chair was rapping for general order, as the The amendment was rejected-ayes 13, noes 58. Chair very often has to do. The Clerk will report the amendment. The Clerk read as follows: The Clerk read as follows: The term" South Pass," as herein employed, shall be construed as embracing the entire extent of channel between the upper ends of the works at the head Amend by striking out all of said paragraph after the word "river," in the of the Pass and the oater or sea. end of the jetties at the entrance from the Gulf nineteenth line. of Mexico; and any willful violation of any rule or regulation made by the Secretary of War in pursuance of this act shall be deemed a misdemeanor, for The CHAIRMAN. The question is on tpe amendment of the gen­ which the owner or owners, a.gent or agents, master or J?ilot of the vessel so of­ tleman from Missouri. fending shall be separately or collectively responsible, and on conviction the1·eof shall pay a fine not exceeding $5()() or undergo an imprisonment not exceeding The amendment was rejected. I six months, at the discretion of the court. XXI-336

:. ' - . ' ; 5362 CONGRESSIONAL RECORD-HOUSE. MAY 27,

~ ·[r. WILKINSON. Mr. Chairman, I move to amend, in line 22, and Harbors have usurped the jurisdiction of the Judiciary Commit­ page 59, by striking out the words "five hundred~' and inserting in tee, which; under subsection 4 of Rule XI is specially authorized to take lieu thereof the words "two hundred and fifty." Also, in line 23, juric;diction of subjects relating to judicial proceedings, civil and crim­ - strike oft t " six" and msert "three." · inal law. Mr. BLANCHARD. There is no objection to that amendment. Suppose, Mr. Chairman, that in this bill reported by the Committee The amendment was agreed to. on Rivers and Harbors, which is entitled "A bill making appropri­ The Clerk read as follows: ation for the construction, repair, and preservation of certain public • SEC. 4. That section 9 of the river and harbor act of August 11, 1888, be amended works on rivers and harbors, and for other purposes," the committee and re.enacted so as to read as follows: had reported a section increasing the salaries of members of Con­ "That whenever the Secretary of War shall have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be con­ gress from $5,000 to $10,000 per annum, and repealing the internal­ structed, over any of the navigable water ways of the United States is an ob­ revenue tax on whisky and tobacco, and placing wool and tin.:plateon struction to the free n11.viga.tiou of such waters by reason of insufficient height, the free-list, is there any doubt that the chairman of the Commit­ width of span·, or otherwise, or where there is difficulty in passing the dra.w­ opening or the draw-span of such bridge by rafts, steam-boa.ts, or other water tee of the Whole would sustain a point of order against such provisions? craft, it shall be the duty of the said Secretary to give notice to the persons or If we have rules for the government of this House, if we have rules corporations owning or controlling such bridge so to alter the same as to ren­ that regulate our proceedings, we should be obedient to them. When der navigation through or under it free, easy, and unobstructed; and in giving such notice he shall prescribe in each case a reasonable time in which such I introduce a bill in this Honse I am required by a rule either to band alteration is to be made. If at the end of such time the alteration has not been it to the Clerk or drop it in the private-bill box. If I call up a bill made, the Secretary of War shall forthwith notify the United States district out of its regular order I must obtain unanimous consent. It is not attorney for the district in which such bridge is situated to the end that the criminal proceedings mentioned in the succeeding section may be ta.ken." wise or just to enforce the rules in the transaction of one kind of busi­ ness and omit the rules in the management of another kind of business. Mr. McCREARY. Mr. Chairman, I desire to raise a point of order Mr. Chairman, the bill under consideration has not taken the usual on sections 4 and 5, and I will ask the Clerk t.o read section 5 now in course, but comes before us in an unusual way. No bill on the sub­ connection with section 4. ject of improving rivers and harbors was introduced in this House and The Clerk proceeded to read section 5. referred to the Committee on Rivers and Harbors. Mr. HOLMAN. Mr. Chairman, the gentleman is asking for the The bill is here because it was originated by the Committee on reading of section 5, but if bis point of order should not be sust.ained I Rivers and Harbors, and when the members of that committee origi­ wish to submit a point of order upon the section and I wish to reserve nate a bill they must be obedient to the rule which governs such bills. that right. The committee, so far as this bill is concerned, does not ·come under Mr. ELLIS. I wish to reserve the right t.o present an amendment the provisions of Rule XXII. That rule provides that where a bill to the amendment offered to section 4. is referred to an improper committee it may under certain circnm-· The CHAIRMAN. There has been no amendment offered yet. stances be brought back and referred to the appropriate committee. Mr. McCREARY. I had simply asked that section 5 be read in That rule also provides for the raisfug of a point of order when a bill connection with section 4. is referred to the wrong committee. This bill having been originated The CHAIRMAN. Section 5 will be read with that understanding. by the committee no objection could be made and no points of order The Clerk resumed and completed thereadingofsection 5, as follows: could be raised as to its usurpation of the jurisdiction of the Judiciary SEC. 5. That section 10 of the river and harbor act of August 11, 1888, be Committee, but when ibe bill was reported to the House all points of amended and re-enacted so as to read as follows: " That the owner or owners, or manager or managers of any railroad or other order were reserved, and thus·all was done that could be done. bridge obstructing the free na.vigationof any navigable water way of the United The sections of the bill against which I raise this point of order not States who shall willfully fail or refuse to remove the same, or to ca.use the nec­ only enable the Committee on Rivers and Harbors to usurp the juris­ essary alterations to be made in the same so as to render navigation through or under it free, easy, and unobstructed to rafts, steam-boats, or other water craft, diction of the Committee on the Judiciary, but the Secretary of War is' after receiving notice to that effect from the Secretary of War and within the given the absolute right to determine grave and serious questions, in· time prescribed by him, shall be guilty of a misdemeanor, and, on conviction volving :fine and imprisonment, and the great right of trial by jury, sa thereof, shall pay a fine not exceeding 10,000 and undergo an imprisonment not exceeding two years, at the discretion of the court; and every month he or they dear to every American citizen, is not allowed until the Secretary of shall remain in default in respect to the removal or alteration of such bridge Was has adjudged the offender guilty. shall be deemed a. new offense and subject to the penalties above described." Sir, I do not believe that such legislation should be allowed, and I Mr. McCREARY. I make the point of order that the Committee on do not believe that under the rules -0f this House the Committee on Rivers and Harbors has no authority or jurisdiction to report a bill Rivers and Harbors have the right to report a bill with such provisions with provisions imposing fines and imprisonment, and that, therefore, as those against which I have raised the point of order. all, or so much, of sections 4 and 5 of the bill as imposes fines and im­ But there is another point of order that I desire to raise. This point prisonment should be stricken out. is under Rule XXI-- In order to properly present this point of order we should first in­ 1\Ir. HENDERSON, of Illinois. I would ask my friend from Ken­ quire what authority under the rules of this House has the Committee tucky if he will yield to allow me to make a motion that the committee on Rivers and Harbors. The powers and duties of the committees of rise? this HQuse are prescribed in Rule XI. That rule prescribes that the Mr. McCREARY. Yes; I will. powers and duties of the Committee on Rivers and Harbors shall be to Mr. HENDERSON, of Illinois. Then I move that the committee report bills for the improvement of rivers and harbors. Or, to be now rise. more specific, I read exactly what the rule provides: The motfon was agreed to. All proposed legislation shall be referred to the commit.tees named, as fol­ The committee accordingly rose; and the Speaker pro tempore having lows: resumed the chair, Mr. ALLEN, of l\Iichigan, reported that the Com­ The first, second, third, fourth, fifth, sixth, and seventh sections re­ mittee of the Whole on the state of the Union, having had under con­ fer to other committees. The eighth section of Rule XI reads thus: sideration the bill (H. R. 9486) ma.king appropriation for the construc­ tion, repair, and preservation of certain public works on rivers and har­ Subjects relatit?g to * * * the, improvements of rivers and harbors: to tho Committee on Rivers and Harbo:ta. bors, and for other purposes, had come to no resolution thereon. This rule defines the jurisdiction and powers of the Committee on ENROLLED BILLS SIGNED. Rivers and Harbors. For many years we had no Committee on Rivers Mr. KENNEDY, from the Committee on Enrolled Bills, reported that and Harbors, and it was not until 1883 that the House of Representa­ the committee had examined and found truly enrolled the bill (H. R. tives provided by a resolution for such a committee. The resolution 167) authorizing and directing the payment of salaries of the officers was adopted the first session of the Forty-eighth Congress, and it gave and employesofCongressforthemonthofMay, 1890; when theSpeaker to the Committee on Rivers and Harbors the same jurisdiction as was pro tempore signed the same. formerly possessed by the Committee on Commerce. Mr. MOORE, of New Hampshire, from the same committee, reported The first river and harbor bill that was ever passed by the Honse of that the committee had examined and found truly enrolled the bill Representatives was passed in 1816 and was approved by President (S. 2630) for the relief of holders of District of Columbia special-assess­ Madison. . The next river and harbor bill was passed in 1823 and was ment certificates, and for other purposes; when the Speaker pro tempore approved by President Monroe. The next was passed in 1824 and was signed the same. also approved by President Monroe. The next was passed in 1826 and POSTAGE ON SECOND-CLASS MATTER. was approved by John Quincy Adams. During the terms of General Mr. CUMMINGS. I ask unanimous consent to have printed in the Jackson eight river and harbor bills were passed, one each year, and RECORD a short memorial from the publishers of certain newspapers. each of them was approved by President Jackson. From 1816 down to There was no objection. about the yep.r 1860 th"' river and harbor bills were reported by the The memorial is as follows: Committee on Appropriations, and there was never in all that period any To the honorable House of Representatives, Washington, D. 0.: attempt to put in any river and harbor bill anything but provisions for We beg leave to call your attention to the proposed change in the postal laws the improvement of rivers and harbors. relative t.o second-class matter. The bill No. 9197, House of Representatives, In this bill, however, there are sections authorizing fine and im­ was reported favorably by the committee on April 29, and reads as follows: prisoument, a fine not exceeding $10,C'OO and imprisonment not ex­ "A. bill to provide for the return of second-class matt.er. ' "Beit enacted by the Senate and House of Representatives of the United Slates of ceeding two years; so that it appears that the Committee on Rivers America in Congress assembled, That from and after the passage of this a.ct all .• 1890. . CONGRESSION.Ab RECORD-HOUSE. 5363 ,·

unsold and undelivered second-class matter, after it bas been once mailed at -· the pound rate of postage, shall, when returned by mail to publishers, news· agents, or others, be chargeable with postage at the rate of 1 cent for every 4 renumbering of the sections necessary. I ask unanimous consent to ounCe.s or fraction thereof, fully prepaid by postage-stamps attached thereto." correct the error so as to make it 24 instead of 23. It restricts second-class matter from having free access\ hrough the mails at the Mr. CRISP. I object, riir. Speaker, for the same reason that I ob­ rate prescribed by law. Second-class matter has always been accorded the prh-· ilege ofremailing,and there is no good reason for depriving it of this right. jected this morning, thali we insist this bill has not been passed by the Publishers have almost unanimously assented to the registration of their pub­ requisite constitutional majority. lications, although such registration is not required by law, for the reason that there might be no question as to the right of their publications to be remailed PUBI.IC BUILDING, CED.AR RAPIDS, IOWA. by dealers to subscribers or to other dealers; and the fact tha.t some publishers at times authorize their agents to buy back from dealers copies of their re­ Mr. MILLIKEN. I desire to submit a conference report. epective publications, is no good reason why such matter should be chRrged, The SPEAKER pro tempore. The report will be read. when so purchased, four times the transportation that it originally paid, as it costs no more to c:\r1·yperiodicals, say from Richmond, Va., to Washington, The Clerk read as follows: than it does to carry them from Washington to Richmond. Congress, in order The committee of conference on the disagreeing votes of the two Houses on to encourage the use of the United States mail for the transportation of period­ the amendments of the House of Representatives to the bill (S. 903) for the erec­ ical matter, has held out inducements from time to time for the publishers to tion of a. public building at Cedar Rapids, Iowa, having met, after full and free make use of it to benefit and increase the circulaLion of their respective period­ conforence have agreed to recommend and do recommend to their respective icals, and granted them the right to send an unlimited number of sample cop­ Houses as follows: ' ies at pound rat-es. Because some publishers in place or sending out samples That the Senate recede from its disagreement to the first amendment of the prefer to encourage dealers to display their publications by authorizing from House, and agree to the same with an amendment, to wit: Strike out of the time to time the purchase from them of unsold copies, they should not now be part proposed to be inserted the words "and fifty; " and the House agree to the compelled to change their method by having a penalty exacted. Such purchase same. concerns only the purchaser and the dealer, and not the Government. All tha.t it That the Senate recede from its disagreement to the second amendment of the is essential for the postmaster to know is that the package offered for mailing House, and agree to the same with an amendment as follows: After the word contains nothing but second-class matter a.ltd that the person offering it is en­ "sum," in line 24, page 1 of t.he bill, inse1·t the words "when appropriated; " titled to transmit it at second-class rates. and tho House agree to the same. 2. The question of profi~ or loss by its carriage through the mails should not SETH L. MILLIKEN, be considered a. factor in the case, s.s the whole people represented by Congress DA1'.'TEL KERR, have stipulated by an enactment what the rate shall be, and the verdict often SAMUEL DIBBLE, recorded bas been that mail&ble matter now known as second-class matter shall Managers on the part oftfw Hotu;e. be carried at special rates. That unsold copies were not particularly mentioned JUSTIN S. MORRILL, in the present law was owing to the fact that the right of a dealer to transmit JOHN C. SPOONER, second-class matter has always been recognized and is fully guarantied, and it SAMUEL PASCO, was not contemplated that a postmaster should question this right. The law Managers on the part of the Senate. reads as follows : "Sxc. 3-18. Postage on second-class matter. That all publications of the sec­ Mr. BLOUNT. I would like 1-0 know what changes are made in the ond class, except as provided in section 25 of said act (of :March 3, 1879, 20 Stats., 358), when sent by the publisher thereof, and from the office of publication, in­ bill. cluding sample copies, or when sent from a news agency to actual subscribers 1'1r. MILLIKEN: I can state to the gentleman in a word. The thereto, or to other news agents (or publisher) shall, on and after July 1, 188-5, be only change is to reduce the sum from$150,000to $100,000 and tocon­ entitled to t-rnnsmission through the mails nt 1 cent a pound or fraction thereof, such postage to be prepaid as now provided by law." (Act of March 3, 1885, 23 form the bill to those hitherto adopted by the committooa of conference Sta.ta., 387.) on the part of the House and Senate. .All mailable matter is entitled to transmission through the mails either way ·The conference report was adopted. at the rates prescribed by law, and why the Department desires to make an ex­ ception by curtailing the privilege always accorded to second-class mat.ter is JOHN M. EDDY .AND OTHERS. not apparent, except it be to embarrass the publisher and dealer and make it more difficult for both to do business tbrou~h the medium of the United States Mr. WILLIAMS, of Illinois. I ask unanimous consent for the pres­ mail. It is claimed that dealers have privileges relative to return copies not ent consideration of the_bill (H. R. 3223) for the relief of John M. Eddy, accorded to publishers. This has b een made so by a. ruling of the Department Elizabeth K. Carroll, Alice B. Eddy, and Frank M. Eddy. '• in lfsS7. Previous to that the right of a dealer to return copies to a. publisher was not questioned, and in order to carry out the spirit and intention of the The SPEAKER pro tempore. The bill will be read, subject to objec­ law it sbould be amended by inserting the words" or publisher" after the word tion. "news-agent," as indicated above; and we urge this amendment as the only The bill was read at length. change necessary. This bill should not becoma a. ln.w, and we earnestly request your influence The SPEAKER pro le1npore. Is there objection to the present con­ to prevent this act of discrimination against publishers of periodicals. sideration of the bil1? New York Morning Journal, by Thomas Burgess, general business Mr. HOLMAN. The report ought to be read, I think, before consent manager; New York Times, by George Jones,jr.; The New York 'Vorld, byG. W. Turner,manager; The Ma.il and Express, is given. G. K. Harroun, controller; The Sunday Mercury, William Cauld­ The SPEAKER pro tempore. The report will be r~, in the absence well, proprietor; The Sunday Times (Noah's), W. D. Gurley, of objection. . editor and proprietor; New York Dispatch Publishing Company, per GeorgeF. Kuhn; New York Staats-Zeitung, by Edward Uhl, The report was read at length. vice-president; New York Press, by L Phillips, jr., president; Mr. KILGORE. What is the regular order? New ork Daily News, W. L. Brown, publisher. The CHAIRMAN. Does the gentleman object to the present con­ EVENING SESSIONS FOR BUSINESS OF COMMITTEE ON COMMERCE. sideration of the bill? Mr. .KILGORE. I do; and I demand the regular order. Mr.BAKER. I desire to offer on behalf of the Committee on Com­ NAVAL .APPROPRIATION BILL. merce the resolution which I send to the desk. The Clerk read as follows: On motion of Mr. BOUTELLE, by unanimous consent, the naval ap­ propriation bill, with Senate amend~ents thereto, was taken from the R esolved, That Monday evening and Tuesday e\'ening of next week, from 8 to 1L o'clock, be devoted to the consideration in the Honse of bills previously Speaker's table, and ordered to be printed and the amendments num­ • report~d with favorable recommendation by the Committee on Commerce, to bered. the considerntion whereof no objection shall be made; that at 5 p. m. on each of ORDER OF BUSINESS. said days the House take a recess until 8 o'clock p. rn.. for the purpose aforesaid. Mr. KILGORE. I move that the House do now adjourn. The SPEAKER pro tempore. Is there objection to the present con- The SPEAKER pro tempore. Pending the motion of the gentleman sideration of this resolution? from Texas the Chair desires to Jay before the House certain personal Mr. KILGORE. Mr. Speaker, I desire to say-­ requests. · The SPEAKER pro t.empore. Ls there objection? LEA.VE OF ABSENCE. Mr. KILGORE. Well, I object. Mr. BAKER (a(ter·a pause). The gentleman from 'J'.exas [Mr. KIL­ By unanimous consent, leave of absence was granted as follows: To Mr. HEMPHILL, for three days, beginning t.o-morrow morning. GORE] says that he will consent 1-0 the resolution if it is modified soa.~ to provide for an adjournment at half past 10 o'clock on the evenings To Mr. CANDLER, of Massachusetts, for two days, on account of im~ named instead of 11 o'clock. I agree to that modification. portant business.- The SPEAKER pro um.pore. With the modification proposed, is To Mr. RUSSELL, until Monday, June 2. there objection to tbe resolution? To l\Ir. LEE, until Tuesday next, on account of im_portant business. Mr. BLAND. I object. We have plenty of time to do our business To Mr. ALLEN, of Mississippi, for three days, 1-0 attend the unveil4 during the day. ing of the Lee statue. Mr. BAKER. Let the resolution be referred to the Committee on To Mr. LAIDLA w, for one week, on account of important business. Rules. ORDER OF BUSINESS. The resolution was referred accordingiy. Mr. MORRILL. Pending the motion of the gentleman from Texas, PROPOSED .AlfENO)!ENT TO .ADMINISTRATIVE BILL. I desire to ask unanimous consent that to-morrow night be substituted for Friday night for the consideration of pension bills, ns Friday is ,... Mr. PAYNE. 1\1r. Chaiirman, in the absence of the chairman of the Memorial Day and many members desire that no meeting shall be held. Committee on Ways and Means, I desire to ask unanimous consent to The SPEAKER pro tempore. Ls there objection 1-0 the request of the correct an error in the administrative bill. The committee of confer­ gentlen~an from Kansas? ence agreed this morning upon the bill; but it appears a mistake was Mr. E~LOE. I will oQject, unless you substitute something for Fri­ made in section 15, in a number with reference to another section of day. the act. The bill as reported refors to section 23. It should have been The SPEAKER pro tempore. Objection is made. section 24, the Senate having put in an additional section and making Mr. O'NEALL, of Pennsylvania. Mr. Speaker, would it be in order )

5364 OONGRESSIONAL RECORD-HOUSE. MAY 27,

to move now that when the House adjourn on Thursday next it be to Mr. SMITH, of Illinois, from the Committee on Claims, reported meet on Monday? with amendment the bill of the House (H. R. 6144) to compensate The SPEAKER pro te111po1·e. That motion would be in order. George K. Kirchner for his stock of goods taken and destroyed by Fed­ ,Mr. O'NEALL, of Pennyslvania. Then I make the motion that · eral soldiers in the year A. D. 1862-to the Committee of the Whole when the House a

18~0. CONGRESSIONAL RECORD-HOUSE. 5365

legal-tenders for schools and other purposes, based on the lands of the By Mr. McCREARY: A bill (H. R. 10574)· for the relief of Mrs. C. United States-to the Committee on ·Wavs and Means. C. Bogle, widow and a-dministratrix of J. A. Bogle, deceased-to the By Mr. RUSSELL: A hill (H. R. 105S4) authorizing the construc­ Committee on War Claims. · tion of a light-ship, with fog-signal, to be -located at Cornfield Point, By Mr. }.IoNTGOMERY: A bill (H. R.10575) to correct the mili­ Connecticut-to the Committee on Commerce. tary record of Samuel V. Middleton, deceased-to the Committee on By Mr. MILLIKEN (by request): A bill (H. R.10555) for the safety Military Affairs. • of such employC.c; of railroads that are now or may be hereafter engaged Also, a bill (H. R. 10576) granting a pension to Christian A. May_:_ in the operating of passenger and freight cars or locomotive engines­ to the Committee on Invalid Pensions. to the Committee on Rail ways and Canals. By Mr. PAYNTER: A bill (H. R.10577) granting a pension to John By Mr. QUINN: A bill (H. R.10556) to enforce the use of automatic P. Fraley-to the Committee on Invalid Pensions. danger signals and alarms by carriers engaged iri interstate commerce Also, a bill -{H. R. 10578) granting a pension to Henderson Richard­ on the railroads of the United States and Territories-to the Committee solJ-to the Committee on Invalid Pensions. on Commerce. By Mr.if>AYSON (byrequest): A bill(H. R.10579) granting a pension By Mr. FLOWER: Joint resolution (H. Res. 168) making an ap­ of$56 per month to Alvan H. Nixon, latecaptainofCompanyK, Eighty­ propriation in aid of the erection of a national monument or memorial fourth Regiment of Pennsylvania Infantry Volunteers, and lieut-enant­ to General Ulysses S. Grant, at Riverside Park, in the city of Ne.w colonel by brevet of United States volunteers, in lieu of the pension York-to the Committee on the Library. granted him by the-Pension Office-to the Committee on Invalid Pen- By Mr. EVANS: Joint resolution (H. Res. 169) authorizing the sions. · use and improvement ot United States military reservation at Chatta­ Also (by request), a bill (H. R. 10580) to authorize the payment to - nooga-to the Committee on Military.Affairs. Rear-Admiral John H. Russell of the highest pay of his grade-to the By Mr. SHERMAN: Joint resolution (H. Res. 170) to print eu­ Committee on Naval Affairs. logies on Hon. David Wilber-to the Committee on Printing. Ily Mr. PEEL: A bill (H. R. 10581) to grant a pension'"to Lydia M. CHANGE OF REFERENCE. Hobbs, widow of B. F. Hobbs, of Company A, Second Arkansas Cav­ alry-to the Committee on Invalid Pensions. Under clause 2 of Rule XXII, the following changes of reference By.Mr. QUlliN: A bill (H. R.10582) to amend the military record were made: · of Joseph E. Nairn-to the Committee on Military Affairs. A bill (H. R. 7327) for the relief of the legal representatives of P. By Mr. SMITH, of Illinois: A bill (H. R. 10583) for the relief of S. Schuyler, deceased-Committee on Claims discharged, and referred Holman Anderson, late of the Fifteenth Illinois Cavalry-to the Com- to the Com.mittee on Invalid Pensions. mittee on Invalid Pensions. . / The following resolution- Also, a bill (H. R. 10584) granting an increase of pension to John Wbereas the supply of copies of the hearing held before the Committee on Commerce April 25, 1890, in relation to Senate bill 2792 to make the Lake Robbins, late of Company A, Second Regiment of Illmois Volunteers Borgne outlet and improve the low-water channel of the Lower Mississippi in the Mexican war-to the Committee on Pensions. Biver has been exhausted; and Also, a bill (H. R. 10585) granting a pension to William H. Sharp, ·Whereas, in accordance with an agreement found in the CoNGRESSION AL REo­ ORD of May 4, 1890, this question will be discussed by the House when the late a private in CompanyK, One hundred and twentieth Regiment of river and harbor bill is taken up for consideration; and Illinois Infantry Volunteers in the war of the rebellion-to the Com­ Whereas the testimony taken at said hearing should be placed in the bands mittee on Invalid Pensions. of the members of the House of Representatives at orrce; and Whereas the subject is of national importance and of special interest to sci­ By Mr. TURPIN: A bill (H. R.10586) to pension Samuel G. Briggs, entists, civil engineers, merchants, planters, river men, pilots, and the whole of Hale County, Alabama-to the Committee on Pensions. press of the country: Therefore, Also, a bill (H. R. 10587) to pension J. J. Moore, of Dallas County, Resolved by the House of Representatives, That 10,000 copies of said evidence and hearing be printed for the use of the House- Alabama-to the Committee on Pensions. By Mr. WASHINGTON: A bill (H. R. 10588) for the relief of W. Committee on Commerce discharged, and referred to the Committee T. Garrett, of Cheatham County, Tennessee-to the Committee on War on Printing. Claims.

PRIVATE BILLS, ETC. PETITIONS, ETC. Under clause 1 of Rule XXII, private bills of the following title.'3 were presented and referred as indicated below: Under cla.use 1 of Rule XXII, the following petitions and papers By Mr. BURROWS: A hill (H. R. 10.)57) for the relief of W. G. were placed on the Clerk's desk and referred as follows: Triece-to the Committee on Invalid Pensions. By Mr. BERGEN: Petition of citizens of Elmer, N. J., for r~stric­ By Mr. BYNUM: A bill (H. R. 10558) increasing the pension of tion of immigration-to the Select Committee on Immigration and . William Helms-to the Committee on Pensions. Naturalization. By Mr. CARTER: A bill (H. R: 10559) for the relief of Pn..ul McCor­ Also, petition .of citizens of Vineland, N. J., for certain amendments mick-to the Committee on Claims. to the national-banking laws-to the Committee on Banking and Cur· By Mr. EVANS: A bill (H. R. 10560) for the relief of Irving R.. J. rency. Bradfute-to the Committee on Military Affairs. By Mr. BROWER: Petition of J. F. Dixon and 11 others, of Rock­ Also, a bill (H. R.10561) granting a pension to John Hackler, late ingham County, North Carolina, asking passage of House bill 7162 or a private in Company B, Seventh Tennessee Cavalry-to the Commit- Senate bill 2806-to the Committee on Ways and JI.leans. tee on Invalid Pensions. ~ Also, petition of A. W. Veazey and 52 others, of Granville County, Also, a bill (H. R. 10562) granting a pension to Jesse JtI. Pukle, late North Carolina, for same measure-to the Committee on Ways and of Company G, Third Tennessee Cavalry Volunteers-to the Commit­ Means. tee on Invalid Prnsions. By Mr. BROWNE, of Vir5inia: Petition of R. S. Hargrave, secre­ Also, a bill (H. R.10563) for the relief of James Roark, late of Com­ tary Farmers' Alliance, for passage of Senate bill for improvement of pany F, Seventh Regiment of Tennessee Infantry, and First Regiment Galveston Harbor-to .the Committee on River:'! and Harbors. of Tennessee Infantry-to tpe Committee on Military Affairs. Also, petition ol C. M. Hamlin and others, for same improvement-­ By Mr. FEATHERSTON: A bill (H. R.10564) for the relief of the to. the Committee on Rivers and Harbors. estate of August Heberlein-to the Committee on War Claims. . Also, petition of C. H. Pierson and 29 others, of Caroline County, Also, a bill (H. R.10565) for the relief of Martha Ann Lanford, of Virginia, asking passage of House bill 7162-to the Committee on Ways Phillips County, Arkansas-to the Committee on War Claims. and Means. By Mr. FORNEY: A bill (H. R. 10566) for the relief of Mrs. M. J. By Mr. CANDLER, of Georgia: Petition of J. E. Watkins and 39 .. Donahoe, of Alabama-to the Committee on War Claims. others, of Cherokee County, Georgia, in favor of House bill 7162-to By Mr. GIFFORD: A bill (H. R.10567) for the relief of Edwin Par­ the Committee on Ways and Means. liman-to the Committee on War Claims. By Mr. CARLTON: Petition of citizens of Oglethorpe County, By Mr. HALL: A bill (H. lt. 10568) for the relief of Mark W. Clay­ Georgia, asking passage of House bill 7162 or Senate bill 2806-to the to the Committee on Military Affairs~ Committee on Ways and Means. By Mr. KINSEY: A bill (H. R. 10569) granting a pension to John Also, petition of citizens of Hart County, Georgia, for same measrire­ Long-to the Committee on Invalid Pensions. to the Committee on Ways and Means. By Mr. LACEY: A bill (H. R. 10570) to correct the muster-rolls of Also, petition-of Ira M. Brown and 14 others, of Franklin County, the Seventh Iowa Infantry Volunteers-to the Committee on Military Georgia, for same measure-to the Committee on Ways and Means. Affairs. Also, petition of citizens of Green County, Georgia, asking passage By Mr. LAWS: A bill (H. R. 10571) granting an increase of pension of Senate bill 2716-to the Committee on Rivers and Harbors. to Maj. D. Williams-to the Committee on Invalid Pensions. Also. petition of citizens of Oconee County, Georgia, for same meas­ By Mr. MCCOMAS: A bill (H. R. 10572) granting a pension to 1\Irs. ·ure-to the Committee on Rivers and Harl.Jori:!. Maria L. McCulloh-to the Committee on Invalid Pensions. Also,. petition of citizens of Wilkes County, Georgia, for same meas- By Mr. McCORMICK: A bill (H. R.10573) granting a pension to ure-to the Committee on Rivers and Harbors. · Margaret Dow ling-to the Committee on Invalid Pensions. By Mr. CRISP: Petition of H. H. Mott and ,13 others, of Schley

-, 5366 .CONGRESSIONAL RECORD-HOUSE. MAY 27,

County, G~rgia, in favor of House bill 7162-to the Committee on By Mr. O'FERRALL: Petition of Milton Taylor and 30 others, citi­ Ways and Means. zens of Rockingham County, Virginia, praying nn appropriation for By Mr. DOCKERY: Petition of W. B. Owen and others, citizens of improvement of Galveston Harbor-to the Committee on Rivers and Mercer County, Missouri, opposing demonetization of silver-to the Harbors.

Committee on Coinage, Weights, and Measures. .A.lso1 petition of William T. Lewis and 11 others, citizens of Clarke By Mr. DOLLIVER: PetitionofRev. J. F. Forsytheandmanyothers, County, Virginia, for same improvement-to the Committee on Rivers citizens of Iowa, for Senate bill to prevent interstate traffic in intoxi­ and Harbors. cating liquors against the laws of a State-to the Committee on Com- By Mr. PAYNTER: Petition of J. H. Picklesimer and 14 others, of merce. · Johnson County, Kentucky, asking passage of House bill 7162-to the Also, petition of .A.ug. T. Hoffman and 100 others, citizens of Han­ Committee on Ways and Means. cock County, Iowa, for the perpetuation of the national-banking sys­ Also, petition of same people, for deep-water harbor on Gulf coast of tem-to the Committee on Banking and Currency. Texas-to the Committee on Rivers and Harbors. By Mr. ELLIS: Resolution of Farmers and Laborers' Union, of By Mr. PEEL: Prot.est of Indian delegates against railroad bills­ ·Union County, Kentucky, in favor of House bill 7162-to the Commit­ to the Committee on Indian .Affairs. tee on Ways and Means. By Mr. PERKINS: Petition of J. H. Grier and 629 others, citizens By Mr. ENLOE: Petition of .A.. J. Woodard and 24 others, of Carroll of Pittsburgh, Kans., asking passage of House bill 5978, to prohibit County, Tennessee, in favor of House bill 7162-to the Committee on the transportation of intoxicating liquors from one State or Territory Ways and Mea!l'S. into another State or Territory-to the Select Committee on the Alco­ By Mr. EVANS: Petition of E. Edwards and 50 others, citizens of holic Liquor Traffic. Meigs County, Tennessee, favoring House bill 7162 and Senate bill Also, petition of S. Hedges and 280 others, residents and voters of 2806-to the Committee on Ways and Means. Labette County, Kansas, asking legislation giving to States the right By Mr. EW.A.RT: Petition of I. N. Ebbs and others, citizens (Jf Bun­ to control all intoxicating liquors, whether in original packages or not­ combe County, North Carolina, asking passage of Senate bill 2716- to the Select Committee on the Afooholic Liquor Traffic. to the Committee on lUvers and Harbors. Also, petition of M. E. McClain and 206 others, of same county and By Mr. FORNEY: .Petition of heirs of William L. Cain, of Etowah, State, for same purpose-to the Select Committee on the Alcoholic .A.la., for reference of claim for stores and supplies to the Court of Chl.ims Liquor Traffic. nBder provisions of Bowman act-to the Committee on War Claims. By Mr. PETERS: Petition of D. Q. Sturtz and 32 others, of Stafford By Mr. GIFFORD: Petition of Edwin Parliman, praying that hls County, Kansas, asking passage of Honse bill 7162-to the Committee claim for property taken during the late war be referred to the Court on Ways and Means. of Claims-to the Committee on War CJaims. Also, petition of George W. Bousman and 84 others, of same county By Mr. GROUT: Petition for jail for Federal prisoners in the District and State, for same measure-to the Committee on Ways and Means. of Columbia-to the Committee on Commerce. Also, petition of citiz.ens of Kiowa County, Kansas, favoring deep By Mr. HENDERSON, of Iowa: Resolution of Joseph Butler Post, harbor on Gulf of Mexico-to the Committee on Rivers and Harbors. No. 220, Departmentoflowa, Grand.A.rmyoftheRepublic, favoringan By Mr. PIERCE: Petition of farmers of Lauderdale County, Ten­ amendment to pension Jaws so as to include the widow and children of nessee, asking passage of Senate bill 2716-t.o the Committee on Rivers any deceased Union soldier or sailor-to the Committee on Invalid and Harbors. Pensions. By Mr. QUINN: Petitionof JosephE. Nairn, for relief-totheCom­ Also, petition of citizens of La Porte City, Iowa, asking for certain mittee on Military Affairs. changes in the national-banking system-to the Committee on Bank­ By Mr. RICHARDSON: Petition of Jesse Langston and l 0 others, ing and Currency. citizens of Lincoln County, Tennessee, in favor of :first-class harbor on By Mr. HENDERSON, of North Carolina: Petition of Jem D. Texas coast-to the Committee on Rivers and Harbors. Mills and 20 others, citizens of Steele and Mt. Ulla Townships, of Also, petition of Farmers 3Jld Laborers' Union, of Coffee County, Rowan County, North Carolina, in favor of House bill 7162, knownas Tennessee, in favor of passage of bill known a.s subtreasury bill-to subtreasury bill-to the Committee on Ways and Means. the Committee on Ways and Means. By Mr. KERR, of Iowa: Petition of citizens of St. Anthony, Marshall By Mr. ROGERS (by request): Petition of numerous citizens of Ar­ County, Iowa, for passage of Honse bill 5978, to prevent transportation kansas for extension of the national-banking system-to the Commit­ of liquors into States and Territories in violation of the laws thereof­ tee on Banking and Currency. to the Select Committee on the Alcoholic Liquor Traffic. By Mr. ROWLAND: Petition of R. M. Moore and 33 others, of An­ By Mr. LANHAM: Petition of C. C. Cummings and 48 others, of son County, North Carolina, asking passage Qf Honse bill 7162-to the Callahan County, Texas, in favor of House bill 7162-to the Com­ Committee on Ways and Means. mittee on Ways and Means. Also, petition of L. L. Little and 28 others of Anson County, North By Mr. LA. WS: Petition of Interstate Temperance Convention of Carolina, in favor of House bill 7162-to the Committee on Ways and Nebraska, Iowa, and Dakota, ash.ring passage of certain amendments to Means.

interatate-commerce law-to the Committee on Commerce. Also1 petition of R. .A.. Smith and 98 others, of Union County, North By Mr. LESTER, of Virginia: ·Petition of citizens of Pittsylvania Carolina, in favor of House bill 7162-to the Committee on Ways and County, Virginia, for harhor at Galveston, Tex.-to the Committee on Means. Rivers and Harbors. Also, petition of J. F. Thomas and 16 others, of Anson County, North By Mr. LEWIS: Petition of H. A. Cole and il7 others, of Carroll Carolina, in favor of House bill 7162-to the Committee on Ways and County, }Iississippi, asking pas.5age of House bill 7162-t.o the Com­ Means. mittee on Ways and Means. Also, petition of J. ?tL Flake and 30 others, of Anson County, North By Mr. McCLA.MUY: Petition of W. A. Street and 18 others, of Eu­ Carolina, in favor of House bill 7162-to the Committee on Ways and phronia, N. C., asking passage of Honse bill 7162-to the Committee Means. on Ways and Means. Also, petition of S. B. Alexander and William Alexander and 55 Also, petition of G. McLellan, representing 94 members of Goodwin others, of Mechlenburgh County, North Carolina, in favor of House Alliance. Cumberland County, North Carolina, asking passage of Sen­ bill 7162-to the Committee on Ways and Means. ate bill 2716-to the Committee on Rivers and Harbors. .A.Jso, petition of J. W. Patt and 28 others, of Mecklenburgh County, Also, petition of G. L. Fields and 11 others, asking pas.sage of Senate North Carolin:i,, in favor of House bill 7162-to the Committee on Ways bill 2716-to the Committee on Rivers and Harbors. and Means. By Mr. McRAE: Petition of Hollywood Alliance, No. 11, Clark Also, petition of W. B. Alexander and 90 others, of Mecklenburgh County, Arkansas, in favor of a deep-water harbor at Galveston, Tex.­ County, North Carolina, in favor of House bill 7162-to the Oommittee to the Committ.ee on Rivers and Harbors. on Ways and Means. '

By Mr. MOORE, of Texas: PetitionofW. W. Peterson and 40 others1 Also, petition of W. F. Camon and 29 others, of Cabarrus County, of Atascosa County, Texas, in favor of Houae bill 7162-to the Com­ North Carolina, in favor of House bill 7162-to the Committ.ee on mittee on Ways and Means. Ways and Means. By Mr. MORRILL: Petition of Frank N. Davis and 360 others, of Also, petition of .A.lex. Parham and 23 others, of Robeson County,

Holton, Jackson County, Kansas, asking passage of House bill 59781 North Carolina, asking passage of House bill 7162-to the Committee entitled a bill. prohibiting the transportation of intoxicating liquors on Ways and Means. from any State or Territory of the United States or the District of Also, petition of S. F. Blake and 59 other8, of Anson County, North Columbia into any other State or Territory contrary to and in viola­ Carolina, asking passage of House bill 7162-to the Committee on tion of the laws thereof-to the Committee on Commerce. Ways and Means. Also, petition of Henry Miebach and 20 others, of Brown County, By Mr. SKINNER: Petition of D. Bullonce and 20 others, of Hert­ Karums, asking for an appropriation of 6,200,000 for deep-water har­ ford County. North Carolina, ash-ing passage of House bill 7162-to the bor at Galveston, Tex.-to the Committee on Rivers and Harbors. Committee on Ways and Means. Also, petition of J. C. Clark and 27 others, of Brown County, Kansas, Also, petition of W. E. Powers and 36 others, of Currituck County, asking for an appropriationof$6,200,000 for deep-water harbor at Gal­ North Carolina, for same measure-to the Committee on Ways and vesto~ Tex.-to the Committee on Rivers and Harbors. Means.

I . • ·. , .

1890. CONGRESSIONAL RECORD-SENATE. 5367

By Mr. SPRINGER: Resolution of Chicago Post-Office Clerks' As­ the Wholesale Grocers' Association of the State of Iowa, praying that sociation-to the Committee on the Post-Office and Post-Roads. the provisions of House bill 9416, known as the McKinley tariff bill, By Mr. STEWART, of Georgia: Petition of citizens of Georgia, in be made not to go into effect earlier than November 1,. 1890; which favor of Honse bill 2716-to the Committee on Rivers and HarboIB. was referred to the Committee on Finance. By Mr. STOCKBRIDGE= Petition of Society of Friends of Balti­ Mr. PADDOCK presented a petition of the Interstate Temperance more, Md., for promotion of peace-to the Committee on the Judiciary. Union, praying for such .amendment of the laws regulating commerce By Mr. TARSNEY:· RemonstTance of proprietors and managers of between the States as will prohibit the importation of intoxicating: newspapers published at Kansas City, Mo., against passage of House liquors into States having prohibitory laws; which wa'3 ordered to lie bill 9197-to the Committee on the Posto.Office and Post-Roads. on the table. Also, petition of A. R. Roller, administrator of estate of 1\..ndrew 1\Ir. PLATT presented the petition of Bridget Hopkins, of Norwalk. Roller, asking that his quarten:na.ster claim may be referred to the Conn., praying to be granted a pension by special act; which was re­ Court of Claims under the so-called Bowman act-to the Committee on ferred to the Committee on Pensions. War Claims. Mr. CAMERON presented the petition of Henry Haase and 492 ~ By 1\Ir. WALLACE, of Mas.qachusetts: Petition of the Massachu­ other operatives in the knitting mill of the E. H. Godshalt Company, setts Association United Hatters of North America, praying passage of at Philadelphia, Pa., favoring the passage of the McKinley tariff bill; HvUEe bill 260-to the-Committee on Patents. which wa.s referred to the Committee on Finance. By Mr. WILLIAMS, of Ohio: Petition of Johp W. Cusick and 272 Mr. MORRILL presented two petitions of citizens of Pennsylvania, others, of Dayton, Ohio, for passage of a service-pension law-to Com­ praying that certain duties proposed upon the importation of farm prod­ mittee on Invalid Pensions. -ucts in the McKinley tariff bill, especially upon tobacco, shaj1 be im­ By Mr. YARDLEY: Petition of 45 employes in knitting mills at posed; which were referred to the Committee on Finance. Pottstown, Pa., asking passage of the McKinley bill-to the Commit­ The VICE-PRESIDENT presented a petition of George G. Mea.de tee on Ways and Means. Post, No. 1, Department of Pennsylvania, Grand Army of the Repub­ lic, praying for the-passage of the bill to transfer the. revenue-cutter service to the Navy; which was ordered to lie on the table. SENATE. REPORTS OF COMMITTEES. Mr. SHERMAN, from the Committee on Foreign Relations, to whom WEDNESDAY, },!ay 28, 1890. was referred the bill (S. 3852) to authorize the Eagle Pass Water Sup­ Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. ply Company and the Compama Proveedora de Aguas de Ciudad· Por­ The Journal of yesterday's proceedings was read a.ud approved. firio Diaz to connect their wattir-works communications across the Rio Grande River at Eagle Pass, Tex., reported it with amendments. PETITIONS AND :MEl\IORIA.LS. He also, from the same committee, to whom was referred the bill Mr. STOCKBRIDGE presented a memorial of the Riverside and (S. 3851) to authorize the Texas-Mexican Electric Light and Power Adrian Packing Companies, of Adrian, Mich., remonstrating against an Company to erect wires across the Rio Grande River at Eagle Pass, increase of duty on tin-plate; which was referred to the Committee on Tex., reported it with amendments. Finance. 1\Ir.1\IORRILL, from the Committee-on Public Buildings and Grounds, Mr. GRAY. I present a petition and ask that it be laid upon the to whom was referred the bill (S. 2181) to provide for the erection of a table and printed as a documen.t. The Secretary will please read the post-office building at Fortress Monroe, Va., reported it without amend­ heading of the petition. ment, and submitted a report thereon. The VICE-Pl:tESIDENT. The Secrntary will state the petition. Mr. PAYNE, from the Committee on Foreign Relations, to whom ~. The Chief Clerk read as follows: was referred the bill (H. R. 2142) for the relief of the heirs of Lewis .A.ta meeting of George G. Meade Post, No. t, D e partment of Pennsylvania, Steelman, reported it with an amendment. Grand Army of the Republic, h eld at Philadelphia, Pa., May 26, 1890, the fol- He also, from the same committee, to whom was referred the bill (S. lowing resolution was unanim ously adopted: · 3881) for the relief of the heirs of Lewis Steelman, reported adversely Whereas there is now pending in the United States Senate a bill to transfer the revenue-cutter service to the Navy, and as our comrades of the Naval thereon; and the bill was postponed indefinitely. Veteran Legion of the United States h a ve recommended its passage, and a.s Mr. PAYNE. I report from the Committee on Foreign Relations, we recognize its merit in that it will add to the United States Navy a valuable adversely, three join.t resolutions of the House, authorizing decorations auxiliary and give commissions therein to officers who fought with Worden on the Monitor, with Farragut on the 1\lississippi and Mobile Bay, with Porter of the Legion of Honor of the French Government to be conferred. before Vicksburg, with the assaulting party at Fort Fisher, and in other naval The committee are of the opinion that our officers ought not to receive engagements of the late war; and such decorations; and I report them adversely and ask their indefinite Whereas the Secretaries of the Navy and Treasury have recommended the consolidation of the services for the best interests of both Departments, and postponement. as the Com=ittees on Na.val .A.flairs in the Congress of the United States have The joint resolutions were indefinitely pos~oned, as follows: presented unanimous reports favoring the same, in that it will increase the Joint resolution (H. Res~ 68) authorizing Capt·. George S. Anderson, efficiency of the naval establishment and be a measure of economy: Therefore, Be it resolved, That Post 1 of Pennsylvania. petition the Congress of the United Sixth Cavalry, to accept from the President of the French Republic a States to pass this bill as a means to add to the strength of our coast defenses, diploma conferring the decoration of chevalier of the National Order without increase of cost, as a measure to give to veteran officers and to the rev­ of the Legion of Honor; enue-cutter officers, in return for their services, t4e benefits received by their comrades in the Navy. Joint resolution (H. Res.120) authorizing Henry Vignaud to accept Officifl.l: from the President of the French Republic a diploma of commander or (SEAL.) A. C. JOHNSTON, Adjutant. the Legion of Honor; and Hon. GEORGE GRAY, Jointresolution(H. Res.121)authorizingLieut. Aaron Ward, United United &ates &natl', Washington, D. C. States Navy, ancl Capt. H. C. Cochran, United States Marine Corps, to The VICE-PRESIDENT. Does the Senator from Delaware desire accept from the President of the French Republic diplomas of the Le- to have the petition printed as a document? gion of Honor. . Mr. GRAY. Let it be printed in the-RECORD. Mr. PADDOCK, from the Committee on Pensions, to whom were re­ Mr. SHERMAN. It will be printed in the REcoRD because it has ferred the following bills, reported them severally without amendment, been read, but it is a violation of the rule. and submitted reports thereon: · The VICE-PRESIDENT. Is there objection? A bill (H. R. 7816) granting a pension to Harriet E. Cooper; Mr. SHERMAN. The petition will be printed in the RECORD, as a A bill (H. R 3259) granting a pension to Simon Beakler; matter of course, because it has been read, but it was read in violation A bill (H. R. 7449) granting a pension to Ezra E. Annis; of the rule. A bill (H. R. 4807) for the relief of Lydia G. Carnes; and The VICE-PRESIDENT. The petition will lie on the t.able. A bill (H. R. 8429) to increase the pension of William P. Squire. Mr. VANCE presented a petition of citizens of Catawba County, Mr. ALLEN, from the Committee on Claims, to whom was referred North Carolina, praying for the passage of the bill to prevent the adul­ the bill lS. 504) for the relief of the Continental Fire Insurance Com­ teration of food, known as the Laird bill; which was referred to the pany, the Eagle Fire Insurance Company, the City Fire Insurance Committee on Agriculture and Forestry. Company, and the CommercialMntnalinsurance Company, all of New He also presented a memorial of the Society of Friends, of Randolph Yor~ City; the Western National Bank, the Merchants' National Bank. County, North Carolina, and a memorial of the Society of Friends, of the Maryland Fire Insurance Company, and the Chesapeake Bank, of Guilford County, North Carolina, remonstrating against any increased Baltimore, Md., and the Eastern Railroad Company of Massachusetts, expenditures for the Navy and so-called coast defen81l5, etc.; which reported adversely-thereon; and the bill was 1postponed indefinitely. were referred to the Committee on Naval Affairs. Mr. WOLCOTT, from the Committee on Claims, to whom was re­ He also presented a petition of the Farmers' Alliance of Washington ferred the bill (S. 588) authorizing and directing the Secretary of the County, Virginia, praying for the passage of what is known as the snb­ Interior to examine certain claims of persons who owned or occupied treasury bill, the bill for Government loans upon lands, and the bill buildings on the Hot Springs Mountain reservation, which had been for the increase of the silver coinage; which was referred to the Com­ condemned by the Hot Springs commission and afterwards burned.­ mittee on Fina.nee~ and to fix a reasonable value for each of said buildings from the evi­ Mr. WILSON, of Iowa, presented a petition adopted at a meeting of dence now on file in the Interior Department, asked to be discharged

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