196 CONGRESSIONAL RECORD-SENATE. DECEMB~R 8,
gress hold no session for legislative purposes on Sunday-to the Com Mr. II.A.LE presented a petition of the Master Builders' Exchange mittee on the Judiciary. of Philadelphia, Pa., praying for a more careful investigation by the By Mr. O'NEILL, of Pennsylvania: Resolutions of the Tobacco Census Office of the electrical industries; which was referred :to the Trade Association of Philadelphia, requesting Congress to provide by Committee on the Census. legislation for the payment of a rebate of 2 cents per pound on the Ile also presenteda resolution adopted by the ChamberofCommerce stock of tax-paid tobacco and snuff on hand on the 1st of January, of New Haven, Conn., favoring the petition of the National Electric 1891-to the Committee on Ways and Means. Light Association, praying for a more careful investigation by the Cen By Mr. PETERS: Petition of Wichita wholesale grocers and numer sus Office of the electrical industries; which wus referred to the Com ous citizens of Kansa8, for rebate amendment to tariff bill-to the mittee on the Census. Committee on Ways and Means. l\Ir. GORMAN. I present a great number of memorials signed by By Mr. THOMAS: Petition ofW. Grams,W. J. Keller.and 9others, very many residents of the United States, remonstrating against the of La Crosse, ·wis., and B. T. Ilacon and 7 others, of the State of Minne passage of the Federal election bill now pending, or any other bill of sota, praying for the passage of an act or rebate amendment to the like purport, wb~ch the memoriali5ts think would tend to destroy the tariff law approved October 1, 1890, allowing certain drawbacks or re purity of elections, and would unnecessarily impose heavy burdens bates upon unbroken packages of smoking and manufactured tobacco on the taxpayers, and be revolutionizing the constitutional practices and snuffs-to the Committee on Ways and Means. of a century, imperiling our institutions. By Mr. VAN SCHAICK: Petitions of Crombie, Smith & Co., B. These memorials come to me having been solicited, as it appears, by
Leidendorf, and others1of Milwaukee, Wis., for tobacco rebates-to the one of the great metropolitan journals, the New York Star, signed by Committee on Ways and Means. citizens of the United States, principally of the State of New York, By Mr. WHEELER, of Alabama.: Petition of Jane Barton, of Cal and I move, as the bill has been reported, that the memorials lie upon vert County, Alabama, praying that the Committee on War Claims the table. · · refer her claim, together with all papers and proofs relating thereto, l'tlr. PASCO. Can the Senator from Maryla.nd state how many of which were submitted to the Houthern Claims Co.mmission, to the Court those memorials there are? There seems to be a large number of them. of Claims under act of March 3, 1883-to the Committee on War Mr. GORMAN. There is quite a large number of them; I do not Claims. . know how many, but I think they contain considerably over a thou- Also, petition of Pleasant B. Barton, of the sa.me place, for the same sand names. · relief-to the Committee on War Claims. The VICE PRESIDENT. The memorials will lie on the table. Also, petition of heir at law of William Whittle, deceased, late Mr. EVARTS presented a petition of Grange No. 572, Patrons of of Lauderdale County, Alabama., for reference of his case to the Court Husbandry, of Paine's Hollow, N. Y., praying for the passage of the of Claims under the provisions of the Bowman act-to the Committee so-called Conger lard bill; which was referred to the Committee on on War Claims.. Agriculture and Forestry. By Mr. WHITING: Petition of Jobn Hickey, for compensation for He also presented a petition of 11 citizens of Poughkeepsie, N. Y., extra duty performed as ship-keeper at the Washin{Zton navy yard-to praying for the passage of a rebate a.rµendment to the tariff act of the Committee on Claims. October 1, 18DO, relating to tobacco and snuff; which was referred to Aiso, petition of L. C. Uerrit.t and 11 others, of Vassar, l\:lich;, ask the Committee 01;1 Finance. ing for the rebate amendment on tohacco-to the Committee on ·ways Mr. GIBSON. I present the memorial of the Cotton Exchange of and Means. New 9rleans in favor of the improvement of the Mississippi Hiver, and Also, petition of John Walsh and 21 others, of St. Clair County, I ask that it may be printed as a public document. Michigan,. for the same relief-to the Committee on Ways and Means. The VICE PH.ESIDENT. That order will be made, if there be no o~jection. • Mr. HALE. I present the petition of l\frs. l\Iima A. Read, praying for the passage of a pension bill in her favor, and move that it be re SEN.A.TE. ferred to the Committee on Pensions, which has already a bill covering l\foNDAY, December 8, 1890. the objects of the petition. The motion was agreed to. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Mr. HISCOCK presented the petition of 29 citizens and business The Journal of the proceedings of Saturday last was read and ap firms of Buffalo, N. Y., praying for the passage of a "rebate amend proved. ment" to the internal-revenue law relating to tobacco; which was re INTERSTATE CO::\DIERCE. ferred 1.o the Committee on Finance. The VICE PRESIDENT laid bE\fore the Senate a letter from the He also presented a petition of 11 citizens of Clifton Springs, .N. H., chairman of.the Interstate CommerceCommissiou, transmitting, in ac praying for the passage of a "rebate amendment" to the internal cordance with the provisions of the act of Congress to regulate com revenue law relating to tobacco; which was referred to the Committee merce, the fourth annual report of the Interstate Oommerce Commis on Finance. sion; which was referred to the Committee on Interstate Commerce, l\fr. DOLPH presented a petition of citizens of Oregon and Wash and ordered to be printed. ington, praying for an amendment to the tariff Jaw providing for a re bate on unbroken and factory packages of smoking and manufactured PETITIONS .A.ND MEMORIALS. tobacco and snuff; which was referred to the Committee on Finance. l\Ir. VANCE presented a petition of citizens·of Lenoir County, North REPORTS OF CO:\IMITTEES. Carolina, praying for the passage of a tobacco-rebate bill; which was referred to the Committee on Finance. Mr. DOLPH, from the Committee on. Public Lands, to whom was l\ir. ALLISON presented the petition of C. A. Starks and 30 other referred the bill (S. 458) enJarging the rights of homesteaders on the citizens of the State of Iowa, the petition of S. B. Gilmore and 20 other public lands, reported it with an amendment. citizens of the State of Iowa, the petition of Turkenkoph Brothers and Mr. WILSON, of Maryland. I am directed by the Committee on other citizens of Connersville, Ind., and the petition of J. E. McLoud Post-Offices and Post-Roads to report adverseJy certain resolutions re and 13 other citizens of Penn Yan, N. Y., praying for the passage of a ferred to .them during the last session of this Congtess, offered by sundry rebate amendment to the tariff and tax law approved October 1, 18fJO, Senators, relating to certain claims of third, fourth, and fifth class post· relating to tobacco and snuff; which were referred to the Commiitee masters for increased compensation, and to req nest that such resolutions on Finance. be indefinitely postponed. • Ile also presented the petition of James B. 1\iulford, of Wilton Junc The VICE PRESIDENT. It will be so ordered. tion, Iowa, prayiug for the correction of his muste;r roll·; which was re Mr. HIGGINS, from the Committee on the District of Columbia, to ferred to the Committee on Military Affairs. whom was referred the bill (S. 3770) to incorporate the Wa.,shington and He also presented a petition of seventy-four citizens of Davenport, Arlington Railway Company of the District of Columbia, reported it Iowa, and a petition of the Business Men's Association of Davenport, with amendments and submitted_a report thereon. Iowa, pmying for the improvement of the Mississippi River from Cairo DILLS INTRODUCED. to the Gulf; which were referred to the Committee on Commerce. l\Ir. SHER~I.A.N introduced a bill (S. 4552) for the relief of Battelle Mr. GIBSON presented a petition of the l\Iemphis (Tenn.) Cotton Ex & Evans; which was read twice by its title, nml, with the accompn.ny change, praying for the improvement of the Mississippi River; which ing papers, referred to the Committee on Claims. was referred to the Committee on Commerce. He also introduced a bill (S. 4553) to provide for the erection of an Mr. PAYNE presented a memorial of the Akron (Ohio) Iloar approved May 14, 1890; which was read twice by its title, and referred jection, but that is certainly a very unusual order. The Senate habitu to the Committee on Public Buildings and Grounds. ally and continually makes orders that parties may withdraw papers Mr. DA. WES introduced a bill (S. 4556) for the relief of the Atlantic filed by themselves, but that order goes to the extent of withdrawing Works, of Boston, Mass.; which -w;asread twice by its title, and referred all memorials, no matter by whomsoever filed. to the Committee on Claims. l\Ir. STEWART. I would suggest to the Senator that there is no Mr. GIIlSON (by request) i~troduced a bill (S. 4557) to incorporate impropriety in the order. .A. lady has taken an active interest in that the National Conservatory of Music of America; which was read twice movement, and she wants to collect them together. by its title, and referred to the Committee on the District of Columbia. Mr. HARRIS. Let that order be laid over until to-morrow, and we l\'Ir. PADDOCK introduced a bill (S. 4558) to pay the employ6s of can ·see bow proper it is. · the office of the Auditor of the Treasury for the Post-Office Department The VICE PHESIDENT. The order will lie over. additional compensation for extra hours of duty required of them in CONDITION OF SIOUX INDIANS. 1887 and 1888; which was read twice by its title, and referred to tl,ie Mr. DAWES. I have some documents here from the Department, Committee on Post-Offices and Post-Roads. addressed to me as chairman of the Committee on Indian Affairs, which Mr. SAWYER introduced a bill (S. 4559) granting an increase of ought to be printed and referred to the committee directly by the Sen pension to Henry M. Stark; which was read twice by.its title, and ate. I will not ask to have them read, but I should like to have them referred to the Committee on Pensiomi. printed in document form, and I think the information contained in Mr. EDMUNDS introduced a bill (S. 4560) to prohibit the sale of them would be a great relief to the public anxiety if the documents tobacco to, or its use by, minors under sixteen years of age in the Dis should be printed in the RECORD. trict of Columbia; which was read twice by its title, and referred to In this connection I desire to read a single extract from one of the the Committee on the District of Columbia. letters.· Under the Indian appropriation act of last year the Secretary a Mr. BLACKBURN introduced bill (S. 4561) authorizing the Bowl of the Interior was authorized to ''cause a census of the Sioux tribe of ing Green and Northern Railroad Company to bridge Green and Bar Indians to be carefully taken by a special agent t{) be appointed for ren Rivers; which was read twice by its title, and referred to the Com· such purpose with a view of ascertaining how many of them are able mittee on Commerce. • to support themselves, and, in ascertaining this fact, their physical Mr. INGALLS introduced a bill (S. 4562) granting a pension to capacity to work the laud owned or occupied by them, either individ Elisha B. Seaman; which was read twice by its title, and referred to ually or collectively, the value of the land, its nearness to market, and the Committee on Pensions. general productiveness shall be considered, and such other facts and He also introduced a bill (S. 4563) granting a pension to Franklin circumstances ~ will aid Congress in determining how many of such Stilson; which was read twice by its title, and, with the accompanying Indians are capable of self-support." papers, referred to the Committee on Pensions. This agent went out last June. I have here an extract of a letter He also (by request) introduced a bill (S. 4564) authorizing the issue of bis dated the 28th of last month, and this single extract, I think, of n 3.65 bond in payment of certificate No. 5797 of the board of audit will be a gr:eat relief to the anxiety of people as to what is really or of the District of Columbia; which was read twice by its title, and re what is not the cause of the present trouble. is. as follows: ferred to the Committee on the District of Columbia. It As there are many stories a.fl.oat and being transmitted to the Interior Dep:irt- Al\IENDl\IENT TO A BILL. ment from this agency- . l\Ir. CASEY submitted an amendment intencled to be proposed by Tlie Pine Ridge agency, where this difficulty has its center- him to the joint resolution (S. R. 130) authorizing the Secretary of Ag in regard to the present troubles, assigning asa cause'tbe suffering of the In riculture to purchase and distribute seed to the citizens of Kansas and dians for want of food, I thought the Department would not consider it pre sumptuous upon my part to volunteer a. brief statement of the facts as I have Nebraska who have suffered from drought during the past year; which found them to exist in regard to their subsistence. was ordered to lie on the table and be printed. In the first place, the Department is fully aware of the nature of my work, which takes me into ea.ch house a.nd habitation occupied by the Indians, thus ELECTION SUPERVISORS IN ARKANSAS. giving me a. splendid opportunity to make observations; and, I assure you, I Mr. JONES, of Arkansas. I submit a resolution and ask for its have not been slow to do so, especially as to how the Indians live and what they live upon; and I say now that I have to see the first family upon Pine immediate consideration. Hidge reservation that showed the least sign of suffering from want of food. The resolution was read, as follows: In order to ascertain what they subsist upon and what they rely upon for Resolved, That the Attorney-General is hereby directed to send to the Senate subsistence, I ask the question, "'Vhat means of support have you besides your without delay n statement of the number of supervisors of election appointed rations?" If the answer should be" None," I then ask, "Are the rations you in the First and Second Congressional districts of the State of Arkansas for the draw from the Government sufficient for your subsistence?" And I have never Congressional election held NoTember 4, 1890, and a. full statement of the sums had a family to complain and say "No." And not in the first single instance of money that ha. ve been paid out or called for in connectiQn with said election bas an Indian, who is reliable and intelligent, complained to me of suffering in said districts or in connection with any proceedings which have taken place among their people. It be:s only been :a. few weeks since one mixed-blood since said election. He will also state the nature of all such'subsequent proceed woman, having six in her family, told me that they had all the provisions that ings, if any, by whom taken, for what purpose, and by what authority. they could use, and that if the people generally would take care of their rations He is likewise directed to report if any deputy United States marshals were in a careful manner, as she did, they would really have more than they could in or ordered to the county of Lee in said First district, or in the county of Con -use. way in said Second di!iltrict, and, if so, to state the numbers and dispositions of these deputy marshals, the purpose of their presence in these counties a.t that There is more of this, but it is unnecessary to read it for the single time, by what authority, and by whom ordered, the expense of such action, and purpose which I have in view, to relieve the public of the anxiety that what was done by them immediately before or after or on the day of said elec any Indian outside oft.he warpath is in the least danger from want of tion. supplies. The tables which are printed in these papers cover al~ the l\Ir. HOAR. Let that go over, Mr. President. appropriations and what has been done from them since 1883, and I take The VICE PRESIDENT. The resolution will go over and be printed. great satisfaction in saying that during the last Administration and lRRIGATION INVESTIGATION. this, and back to 1883, with an agreement that makes it necessary for l\'Ir. CASEY submitted the following resolution, which was read: us w supply them with food, the Government has substantially ful Resolved, That the Secretary of Agriculture be, and hereby is, requested to re filled its entire o'tligation to those Indians. port to the Senate nll information in his possession as to the progress made in I note in this morning's paper the parley which General Brooke has the investigation for irrigation purposes of the regions lying between the ninety-seventh parallel west or Greenwich and the foothills of the Rocky bad with the delegation under a fla,!! of truce from the warlike Indians l\I<;>untains, as p:oyided in the act of _September 13, 1890, known as the de who have gone into the Bad Lands, and among the requests that they !1ciency approp~ia~1on act; and al;io to inform the Se!late whether in his opin make of him is that be will send teams into the Bad Lands to-bring ion, uniler the hm1taUons as to time provided in said act, the sl\ld1 investiga tion can be carried out; so as best to secure the information sought and with the in the beef they have there. I think when the Senate, if they will greatest economy. have these documents, which are not long, printed in the RECORD, Mr. STEWART. I suggest to the Senator from North Dakota tbat shall read the RECORD to-morrow they will be as much gratified as any the resolution be referred to the Committee on Irrigation. We will body can be that no shortcoming or fault or fraud of the Government consider the matter there, if agreeable to the Senator. is at the bottom of this trouble. l\Ir. CA.SEY. Very well. Mr. VOORHEES. Mr. President-- The VICE PRESIDENT. The resol,ution will be 1.1eferred to the Se Mr. HOAR. There are great quantitres of beef there. lect Committee on the Irrigation and Reclamation of ,A.rid Lands. · Mr, DA. WES. Yes, as my colleague suggests, having the paper be WITHDRAWAL OF P Al'ERS. fore him, the great quantities of beef these Indians on the warpath now have in the Bad Lands they begged General Brooke to send teams Mr. STEWART. I ask for the following order, n'? adverse report having been made: to bring in. Mr. VOORHEES. I was not observing when the Senator :first rose. Ordered, That 1\lrs. Emma F. Shelton have leave to withdraw from the files of the Senate all memorials for the passage of a bill to prohibit selling giving What has be been reading from? or furnishing cigarettes or tobacco in any of its forms to minors unde; sixtee~ Ur. DAWES. 1 have been reading from a letter addressed to the years of age in the District of Columbia. Department by the man sent out under the provisions of the last In The VICE PRESIDENT. They will be withdrawn subject to the dian appropriation act to ascertain the condition of each one of the..~ rules. Indians. Mr. HARRIS. "All memorials!" Read that order again. l\1r. VOORHEES. What is his name? The Chief Clerk read the proposed order. M:r. DAWES. His name is Lea. Mr. HARRIS. l\Ir. President, I do not know that there is any ob- • Mr. VOORHEES. What is his first name? 198 CONGRESSIONAL RECORD-SENATE. DECEMBER 8, Mr. DAWES. I do not see it here. This is an extract from his was no need of it, certainly the Department has been greatly imposed letter the Department. upon and General Miles has done a very improper thing if Lea is cor- Mr. VOOREIEES. Where is he from? rect. Mr. DAWES. That I am unable to state. He is the same census Mr. President, while I ~m on my feet I want to correct an erroneous agent who hn.s fallen under the animadversion of these Indians on the idea that is abroad in the public mind. I see that some newspapers warpath, and they now give as their reason for going to war because not well advised on this subject have an idea that the rations to tho he has not taken an accurate census. Indians are a gratuity, that they are in the nature of a charity. The Mr. VOORHEES. I am trying to find out who this man Lea is food and clothing stipulated for in the treaties to be given to the Jn. who bears the testimony. I have a witness to swear myself, and I dians arc in part payment for lands that we have taken from them at always like .to find out the character of the fellow who is doing the our own price, in part payment for their homes, in part payment for swearing on the other side. The Senator says he does not know bis what they own and possess, and which we traded th\'lm out of. In first name and be does not know where be is from? standing here, asking for justice to be done to the Indians, I ask no Mr. DAWES. No. more than I would ask to be done to anybody else. I am no senti- Mr. VOORHEES. Who appointed him? mentalist on this subject, but I believe in the honest observance of a Mr. DAWES. I read: compact. I believe when we have agreed by treaty stipulations to pay Specin.l Agent Lea. was appointed for and is engaged under a. provision in so much in food and so much in clothing, it ought to be do.ae, and when the act ma.king appropriations for the Indian service for the year ending June it is not done the shame and disgrace is upon us, not upon the Indians. 80, 1890, which provides- That is the position I take on this question, and again I say, Mr. Mr. VOORHEES. He would be appointed by the Commissioner of President, that until somebody of a different character from the witness Indian Affairs, would he not? introduced here comes forward to testify on this subject I shall still Mr. PADDOCK. By the Secretary of the Interior. adhere to my position in this matter. Mr. VOORHEES. Or the Secretary of the Interior? ~fr. DAWES. Mr. President, I do not propose to continue this de- 1iir. DAWES. He was appointed by theinteriorDepartment, which bate with the Senator from Indiana, nor do I propose toily in a passion branch of it, or whether by the Secretary, of course I do not know. at any witness whose testimony I do not like. I do not know any Mr. VOORHEES. The Commissioner of Indian Affairs is quite in- reason why the testimony of a man who has visited officially every terested in having a proper kind of a witness on this subject. habitation of these Indians is not to be taken with some weight until Now, l\fr. President, I am going to call a witness who testified in something is known about it except the tone and temper of the-re Chicago the clay after the discussion· which occurred last week between mn.rks of the Senator from Indiana. Something more is due to an offi the Senator from Massachusetts and myself on this subject. When cial sent out there for the purpose than the gratuitous remarks of any General l\1iles saw the tenor and purport of that discussion he was in- Senator upon this floor. terviewedand the interview was published in th~New York papers and I I have the highest respect for General Uiles and I have np doubt in ail the other papers on the morning of the 5th. The dispatch con- that General Miles so far as his knowledge is concerned, will tell the taining the interview is from Chicago, dated the 4th, and is as follows: thin~ just as it appears to him. I have no doubt, until something else -Said General l\Iiles this morning: "We have overwhelming evidence from besides the remarks of the Senator from Indiana shall appear, that any officers, inspectors, and testimony of ai:cents as well, and also from the Indians other official who makes an official report here will do the same thing. themselves, that they have been suffermg for the want of food more or less for Tb estion is wheth G 1 11.1·1 · c·h. k h twoyears,a.ndoneoftheprincipalcausesofdissatisfactionisthisverymatter." e qu . . er . enera J.l i es. in . icago nows as muc · . . . about the condition of thmgs at the Prne Ridge agency as the man l\Ir. ~OC~E!LL. · M:. ~resident, I r1se t_o a question of order.. The who is there on the ground. They both stand before the public on Senators voice is very ~lSt~nct, but not quite as loud as the voices of equal ground, entitled to respect according to their means of intelligence. the other Senators talkm~ in the Chamber.. I ask. for order. Sir, I fell in lo an error the other day which I desire to correct. Like The VICE PRESIDE~T. The S~nate will be m order. . my friend from Indiana,· basking in the sunlight of t·hat agency which l\1r. VO~RHEES. ThlS s~ntence i~ so good a~d ample, conung from sheds its calcium light into all dark places, I took it to be true that the source it do~, that, n?twit.hstand1_ng I conceived tha~ I was prett.Y there were five or six thousand of these Indians on the warpath, and well heard, .I will repeat it, ~or the witness wfi~m I call is known, h~s I so stated with him. I now have the actual census of all the Indians first name .1s .known, and hlS se~ond n~me; it 18. know~ where he .IB in all the six reservations. This war trouble is confined to two of from, a?d it IS known w~o appomted him. He is a maJOr general m them, and all the male Indians over eighteen years of age in all the the Umted States Army, m charge of that whole department, and re- six amount to just 5 225. So if every male Indian in all the six reser sponsible for the truth of what he says-" responsible," as the saying vations over eightee~ years of a.C7e were out on tho watpath it would is, "here and elBewhere." He says: have been just what my friend from India.nu. and myself were led to We have overwhelming evidence-: believe was the size o( this army in buckram. Not merely evidence, but "overwhelming evidence," not from one Mr. COCKRELL. What six reserrations are they? .Allin Nebraska? man, but-- Mr. DAWES. On all the six Sioux reaervations which make up the from officers, inspectors, and testimony of agents as well, and also from the great Sioux reservation, which was divided last year into six separate Indians themselves, that they have been suffering for the want of food more ones there nrii according to this table furnished me from the Indian or less for two years. One of the principal ca.uses ot dissatisfaction is this very D ' t t "n'd the Census Bureau 5 225 Indians· but 1 I can matter. epar men =-- . , , . , un e83 He goes on further to say which I call the attention of the Senator giv~ the Chr.istian name and surname and title of the man I suppose fr M h tts t . ' he is not entitled to any credence here. 0 om assac use • Mr. VOORHEES. When you produce a witness I want to know One of the principal objects- something about him. Says General ~files- Mr. DAWES. Butthetwo reservations, thePineRidgeandRosehud, of my recent visit to Washington was to urge the necessity of immediate re- wherethistroubleis,have,all told,only2,553maleindiansoverandabove lief- eighteen years of age. I take it that when we come, as the newspaper The Senator from Massachusetts says there is no need of any- reports from General Brooke style it, "to simmer it all down," we anu- shall find that a few discontented, ugly Indians have gone out on the General Miles says ,further- warpath ~ntil they are starving and are a dangerous element that must I am happy to say that success has crowned my efforts. be taken and fed. That is what I hope will be do.ae, and I hope the Sen- He got the relief which is needed, which the Senator from Massa· ate will read what the Government has clone for the last six or eight chusett:s says is not ne.eded, and reads Lea as a witness, anonymous years, through all administrations, for these Indians before they insist Lea. . . upon it t.hat n.ny Indian who is on the warpath, who does not know The Secretary orthe Interior- enou~h when he goes on it to take rations and finds himself in want in three days after he gets there and becomes desperate, has been Says General Miles- wronged. For that reason I hope they will read these documents and has ordered an increase of ration&, and has asked Congress to appropriate the h a· h d"ffi lt t th necessary money. General Brooke telegraphs this morning from Pine Ridge, t en accre it t .e l CU Y O e real cause. saying, "There has been an issue of rations excepting beef. The orders to the I hope all these papers may be printed in the TI.ECORD as well as a agent n.t this a~ency from the Secretary of the Interior increase the Indians' document and referred t.o the Committee on Indian Affairs. ra.tionsbutslibntlyinmeat." The PRESIDING OFFICER (Mr. FAULKNER in the chair). Is Now, whom will we take? I am not going to be unjust about this there objection to the request of tho Sonator from Massachusetts that matter, nor exacting, nor out of temper, nor impatient; but whom arc the papers indicated by him be printed in the RECORD and also as a we to believe? Lea-Lea from nowhere, appointed perhaps by the document and referred to the Committee on Indian Affairs? Commissioner of Indian Affairs to fix things-or a man like General Mr. DAWES. It is suggested to me very properly by tho Senator ]\files, who says he has overwhelming evidence? Does the Senator from Connecticut [Mr. HAWLEY] that thishad betterbe printed with from :Massachusetts rise here and dispute General Miles's word? Ho those papers that were ordered printed on Saturday from General Scho says be has overwhelming evidence not only from officers, inspectors, field and the others, so that they may be all in one pamphlet or book. agents, and Indians themselves, but from all sources, and it is his duty The PRESIDING OFFICER. That order will ho made. to have this kind of evidence for what he does. He says he came to Mr. DAWES. Theso had better be printed in the RECORD a1eo, if Washington to have relief supplied, and he got it supplied. If there no one objects. 18DO. CONGRESSIONAL RECORD-SENATE. 199 Mr. SHERUA.N. I object to their being printed in the RECORD, be started, as is charged, by the Indians (I do not know whether that is cause there is no necessity for that and it is a waste of public money, true or not) and vast herds of cattle went before this fire until they although it is a small matter. They can be printed as a public docu became exhausted, sank down, and were smothered or burned, the In ment· and laid on the tables this afternoon, and every one can see them. dians took that.beef and cured it in the manner peculiar to them, and Mr. DAWES. It is not for that purpose I ask to have them printed. buried it in various places, and perhaps this is a part of that. I do not They are brief and they contain information which the public would know what this supply is, but Turning Bear speaks of great quanti be anxious to know. ties of beef, etc. Now, I. apprehend the Senator from Indiana will not Mr. SHERMAN. Why not have them printed as a public document imagine that these people are the ones who have gone out into the Bad and laid on our tables this afternoon? Lands threatening to go on the warpath, as he says, because they are Mr. DAWES. If we were the whole world, that would do, but we starving. I apprehend tl1at be will not say that Turning Bear testi are only a small part of it. fies against his own cause in that case. Mr. SHERMAN. The newspapers in hearin~ of it represent the Mr. MORGAN. The Senator will allow me to ask him a question. whole world and they will send them. Were those herds of cattle upon tho Indian reservation? Mr. DAWES. I will not contend with the Senator from Ohio if he Mr. PII~RCE. No, sir; they were near Cannon Ball River, just over thyiks that tbe limit of valuable information is contained within these the border from the reservation. There is a large tract of country walls. there on which there are great herds of cattle. The PRESIDING OFFICER. There being objection, the papers Mr. MORGAN. Does the Senator know whether it is the habit of will not be printed in the RECORD, but printed as a document. the herdsmen of that country or cattlemen in that country to graze Mr. PIERCE. Before this Indian matter is disposed of I wish to their cattle on the reservation? call a witness myself. Of course General Miles is dependent largely Mr. PIERCE. I suppose in certain instances the cattle go overthis upon the reports he has received for his information. . imaginary line. I suppose tl}ey do. I am not aware of any pa1·ticu The PRESIDING OFFICER. If there be no objection the Senator lar instance. I have heard that charged. I do not know the trnth may proceed, the matter having been disposed of. of it. Mr. MORGAN. If the Senator will allow me, I will ask to refer a Mr. VOORHEES. Jifr. President, I do not understand that the resolution to which his remarks will be pertinent. beef alluded to in the talk madQ by that Indian, whatever his name Mr. PIERCE. Very well. may be, was Government food that had been furnished under our con Mr. MORGAN. I have a joint resolution ·on the table which I in tract with the Indians in part payment for their lands. I understand troduced in regard ·to an investigation of this very Indian matter. I that he alluded to beef that bad been gathered in in t1leir depredations now ask to refer tba~ joint resolution to the Senate Committee on In- after they got out of their reservations; that their hunger and distress dian Affairs. · preceded their breaking out, and they seized upon what they found, The VICE PRESIDENT. The joint resolution will be read by its and that is what the Indian is alluding to, as I understand. title. I must insist when General Miles says they have been hungry more The SECRETARY. A joint resolution (S. R. 133) making an appro or less for the last two years that we have no right to slur that state priation for the investigation of the ontbreak among the Sioux and ment over, and it is trifling-with a great question of a high character other tribes of Indians. to pretend to ignore the statement of the commanding officer whose The VICE PRESIDENT. The question is on the motion to refer business it is to kuow exactly the situation out there, and.who informs the joint resolution to the Committee on Indian Affairs. the public and the world, from his own officers, his trusted :i,ids, in Mr. PIERCE. What I have to say is ouly a few words, perhaps not spectors, he says, and Indian agents as well, that he bas information · of enough importance to delay the Senate from the consideration ofany that the cause of this trou.ble lies in the lack of food. Otherwise bow other matter, but I desire to submit a statement in connect~on with would thisDepartmentjustifyitselfin sending out additional supplies , the remarks which have been made here this morning. on the application of General .l\files when he was here a few days ago? As I said, General Miles is dependent upon reports for his informa If they are not wanted, according to the statement of the Senator from tion. The docu)llents submitted by the Senator from Massachusetts Massachusetts, if this food is not wanted, according to the testimony this morning certainly contain similar information; that is, informa of bis man Lea, how could the Department j nstify itself on the appli tion of the same character, or perhaps of a better charactEir because it cation of General Miles in sending out these supplies? is directly and officially submitted by the agents sent out there bythe The Senator from Massachusetts says they are sent to Indians who Interior Department, and it is certainly very clear. There is no reason have broken out beyond their reservations and have become desperate that I know of to doubt the truthfulness of this agent who testifies and have gone from the seat of their supplies; they are starving, and it is that he has visited, under instructions, the various camps at this agency, necessary to feed them. I say that if there are Indians at large out of and he· tells what they have reported to him regarding their means of their reservations without just cause, with food at home, the contract subsistence. being obsGrved by the Government, they should be put back there at But what I wanted to call attention to was a speech made by one of the point of the bayonet. I am not for feeding that kind of people if these Indians-- they have enough back at their enr.ampments or their reservations or Mr. HALE. Near as I am to the Senatorwhoisspeaking, I cannot whatever you may please to call it. The Senator from Massachusetts hear what he is saying; there is so much confusion in the Chamber. stands here and says these rations have gone in the last few days to In The VICE PRESIDENT. The SenatorfromNorthDakotawillsus dians who do not need them except on account of their own bad con nend. Senators who desire to engage in personal conversation will duct; that they have broken from their reservations, -left plenty of food please retire to the cloakroom. Se~ators complain that they can not behind them, and are now in distress because of their own crime. If hear the Senator on the floor. that is the case, they should be put back on their reservations and Mr. GIBSON. We on this side have not heard a word the Senator there fed according to the stipulations of our treaties and contracts from North Dakota has said. . -with them. Mr. PIERCE. I will try to make myself hoard. These things are no charities to the Indians; they are no gratuities The VICE PRESIDENT. Tho Senator will suspend for a moment that we are giving them. It is not increasing the taxes of this Gov until order is restored. [A pause.] The Senator will proceed. ernment or of the people to feed these Indians. It is the effort on Mr. PIERCE. General Brooke sent an agent to these Indians who the one hand of honest men to point out the difficulties and for the were reported as going on the warpath and asked them to come in for Government to keep faith in its treaties, and on the other hand it is a consultation yesterday or the day before, I helieve yesterday, and the effort of dishonest men; robbers, thieves, and scoundrels, spreading they came into the camp at Pine Ridge, and in the course of the con away from here to the Indian country, taking here and taking there sultation held there Mr. Turning Bear made a speech, and this, among from their supplies guarantied to them by the Government contract. other things, is what he said: :Mr. PADDOCK. I should like to ask the Senator from Indiana a It would be a bad thing question, if he will permit me. Said Turning Bear-- The VICE PRESIDENT. Does the Senator from Indiana yield to for them to come ne11.1·er the agency, because there was no water or grass for the Senator from Nebraska? their horses hero. He could not understand how their young men could be em Mr. VOORHEES. Certainly. ployed as scouts if there was no enemy to be watched. They would be glad to Mr. PADDOCK. I should like to ask a question. The day before be employed and get pn.id for it. They might come in, but as the old men and old women have no horses, and as their people have nothing generally to pull yesterday some of the chiel's and headmen, of whom much has been their wagons, it would take them n long time to come. If they should come, said in the newspapers latterly, came to General Brooke to present they would want the Great Father to send horses and wagons out to the Bad their grievances. Among the grievances presented by those chiefs wns Land camp and bring in the great quantities of beef, etc., they had there and take it anywhere to a. new camp that would be agreed upon. In conclusion not the onethat theywereinhungeranddestituteofprovisions. On the Turning Hen.r hoped that they would be given something to eat before they other hand, they stated frankly and emphatically that they had an started back. abundance of beef. So great, indeed, was tho surplus that it was im ~fi. MORRILL. May I inquire was the beef that they had there a possible for them to transport it with the means and facilities in their part of what they bad stolen? possession. Now, if it be true that these Indians are suffering from Mr. PIERCE. I am not posted upon that question, Mr. President, hunger, would they not have first of all presented the grievance of a but I understand that some weeks ago, when a great prairie fire was want of supplies sufficient for their sustenance? 200 CONGRESSIONAL RECORD-SENATE. DECEMBER 8, Anotlter question I should like to ask the Senator is this: Ile states that has been a surprise to me. All I want is for the-truth to be known, that these rations have been recently sent. Does he know that these and if this Government has no.t been fulfilling its contracts, but by its rations had not become necessary for that improvident e]ement of the violation of contracts has been bringing about a scene of bloodshed and Sioux tribes, which is a very large one in most of the Indian tribes, strife and slaughter, it ought to be known, and condemnation ought to which immediately after the allotment of its rations goes to work to be visited swiftly and surely upon the authors of such an outrage. gamble away and rid themselves of the very rations which bad been l\1r. HAWLEY. There is one cause of this disturbance that I have supplied to them for their own sustenance, and the provident Indians, not heard spoken of in tl:\e Senate nor mentioned in the newspapem, who are generally better gamb1ers, secure them? and it is this: Thl;lt a portion of the Indians, as is well known, were Mr. VOORHEES. Now, suppose the Senator from Nebraska sends bittedy opposed to the action of the Sioux Commission. Sitting Bull for Governor Charles Foster, of Ohio, and asks him these questions. and others continually protested and went away bitterly hoistile by Ask your own chief, Governor Foster, of Ohio. reason of it. That faction of Indians has been inventing excuses for Mr. PADDOCK. Governor Foster-- disturbances, has been taunting and reproaching the peaceably dis Mr. VOORHEES. Pardon me a moment. Let me alone for a mo posed Indians with every instance in which the Government has fallen ment. Governor Foster, of Ohio, was sent out by this Administration in the least degree short of its promises or obligations. These men arc as one of its commissioners to settle the difficulties with the Sioux In ready for fight. They have always hunger among them, they are dians, and I have his report here, and instead of dealing with him the always lacking for food, and they have always got their guns where 8enator wants to deal with me. I hand you a witness that you can not nobody can find them, and they are al ways waiting to be fed and wait gainsay and will not pretend to, who says that fol' yea!s past, and es ing for anything that they· can get, and waiting for any excuse to fight. pecially for the last two or three years, this Government has been The.Government has tried to do its duty generally by these people. starving these Indians by not fulfilling its contracts with them. The Senate passed an a.ct about a year ago ratifying the settlement l\fr. PADDOCK. I baYe as much confidenceinandrespectfor Gov made by that famous commission-a little late, to be sure-and it has ernor Foster as bas the Senator himself, but this is true of Governor now passed through both branches an act embodying, I may say, those F:oster, that be bas not seen that country for two years, and he knows obiter dicta of the commission, those outside promises to try to get the nothing of this particular troub1e. He does not speak at all when he Government to do certain things. Congress has accepted those prom speaks to-day with the confidence of intimate personal knowledge of ises made by the commission and has passed a bill doing everything the situation as it there exists at the present time. He knows nothing that they were required to do in their former agreement and in favor about it. My distinguished friend from North Dakota [Mr. PIERCE], of doing everything, and in the other bill ratifying all these extra prom who lives in that country and who knows more of the character and I ises and the suggestions and offers of assistance made by the commis may say of the appetite of these Indians, infinitely more than Gov sion. ernor Foster, is a better witness than be is. So far we have done our duty. As to whether the Indians have had Mr. VOORHEES. I do not think so. as much as they could eat, I do not know. They have the proverbial Mr. PADDOCK. AS to the other of the distinguished witnesses the thriftlessnes.s of their race in taking care of supplies. They will eat Senator has called to·day, I want to say some of them are a little too five times as much as any ordinary man in one day, and they can go willing as witnesses. I do not pick up a newspaper any morning or five times as long as t)le ordinary white man without eating at all. any evening to read that I do not discover one or two interviews from That is the character of the Indian, as I understand. at least one very distinguished military chieftain. It has come to this, I wish to say another thing about General Miles and these officers that whenever one or more of these distinguished gentlemen charged in addition to what the Senator from Indiana has said. We have had with responsibility in this matter stop over at any city, village, ham no difficulty with the official report of anybody. No controversy and let, or crossroads in their peregrina.tions they hunt up at once an in no cli~atisfaction have arisen from anybody's official report. I do not terviewer. A great many foolish things have been saicl, Mr. President, hear th~e stories from Brooke, from Ruger, or the subordinate officers. and a ~eat many absurd exaggerations have been made in connection They have spoken hopefully all the while, and whatever has been said with this whole business from the beginning of this unfortunate occur by General Miles to alarm us has come from random conversations rence, by many different people in the East as well as in the West. which the general ha.~ frankly had with people along the line wher Mr. VOORHEES. If the Senator is satisfied with that attack upon ever he has been • .Genera.I Miles, I think General Miles can stand it. I do not think his General Miles has been here and made official reports in person to the reputation will be impaired as a man of honor and a man of truth be Secretary of War and the Secretary of the Interior, and has had full cause the newspapers have interviewed him and published wha.t he conversation with them and has had granted whatever he asked for so n:iid; nor do I apprehend-- far as we can learn, and he has certainly been properly advised of any Mr. PADDOCK. I do not charge General Miles with any untruth thing that was to be done. He has ~one back and we have nothing nor any untruthfulness. official since on which to base any complaint. Mr. VOORHEES. I do not yield any further. I support cordially the resolutions offered by the Senator from Ala Mr. PADDOCK. I wish to say this-- bama LMr. ?\1oRGAN] calling for an investigation, not as hunting for Mr. VOORHEES. I say I do not yield any further. Does the Sen somebody to put in the penitentiary, but to satisfy us in regard to a tor from Nebraska. understand that? these questions of fact, with regard to the wisdom with which the thing Mr. PADDOCK. The Senator from Nebraska does, and accepts the has been conducted. · mandate of the Senator cheerfully, but with some regret, as he would The VICE PRESIDENT. The question is on the motion of the Sen like to contribute an additional word or two of exolanation. ator from .Alabam·a that the joint resolution submitted by him be ~re Mr. VOORHEES. Nor do I suppose for a moment that the country ferred to the Committee on Indiaµ Affairs, the title of which will be will determine that an officer in the discharge of his high and serious read. duties, with his own reputation and life at stake, is going to mislead The CHIEF CLERK. A joint resolution (S. R. 133) making appro this country or that he is less reliable than Senators sitting here trying priation for the investigation of the outbreak among the Sioux and to make up a case to shield official delinquency, incompetency, orsome other tribes of Indians. thin~ worse. I do not think the people will be misled on this subject l\Ir. VOORHEES. I simply rise to express my regret at not yield at all. So far as the interview with the Indians out there and Colonel ing to the Senator from Nebraska [Mr. PADDOCK] when he desired the Brooke is concerned, I ha.ve nothing to say. I do not know how much floor a little while ago. I tender my apology to him for not doing of it is reported. I have not seen what the Senator has seen, but I so. I am rarely guilty of an act of discourtesy, and I regret that I commend him first of all to settle with the people who are responsible; seemed to be so at the time. send for Governor Foster and put him before the Committee on Indian Mr. PADDOCK. I appealed to the Senator at the ti~e ~now~ng Affairs and ask him when he was out there. If he says it was the sum his courtesy generally in respect to the matter of colloquies, m which mer before 1ast, as I believe-it was, then ask him the condition, how it be so often engages himself. I accept his pleasant assurance. as to was at that time. I have read what he says on this point, and he says bis nonintention to be discourteous most cheerfully. I was simply these Sioux are starving now. trying the best I could to help him elucidate the problem wliich has There is one point that has been o>erlooked in this debate somewhat, so greatly vexed the Senate and the country. nnd it is this: That the crops have all failed out there, failed for the 'Vhile I am up I should like to say a single word with reference to white people to such an extent that in tb.e Dakotas white people have this theory of the hunger of the Indians. It is well known on tho appealed for charity from other places: White people have been in frontier by those who know something of the Indian character, and want out there, and the white people would have starved but for help particularly the Indian appetite, that the Indian is always hungry !:lent them, and of course the Indians would have starved for the same until he is :filled to repletion, which means to be :fille~ up to his chin. reasons, supplemented as they are by the failure of the Government to Whenever there is a depression or settling down of this inside lining supply the Indians with the rations they have a right to expect in he immediately becomes hungry, and so whenever he appears any payment for their lands and homes. - where or anybody interviews him in respect to the condition of his I have said all I desire to say on this snbject; but if anybody sup appetite he is ready to state that be is hungry ff he is not full to over poses that I can be driven to abandon a statement made by an officer flowing from a very recent :filling. such as General Miles has proved himself to be or a statement made I do not agree with my friend and some others that the Indians on by Governor Foster, as well as a great many others, he is mistaken. · the Sioux reservation have been hungry unless it be the improvident This discussion bas evinced on one side a desire to hide and cover class who immediately after the receipt of their rations gamble t.hem 1890. CONGRESSIONAL RECORD-SENATE. 201 away, a practice which is almost universal with that class among the the Baltimore and Potomac Railroad in the District of Columbia;" in Indian tribes, and particularly the Sioux. My belief is that this is which it requested the concurrence of the Senate. the only class which has made the trouble, which has so disturbed the settlers on the frontier, and indeed the whole country. The provident PRESIDENTIAL APPROVALS. class have been sufficiently supplied with rations. They have been A message from the President of the United ~t::i.tes, by Mr. 0. L. PRU satisfied with the order of things as it exists in that country, and it is DEN, one of his secretaries, announced that the President had on the 5th the extravagant statements as to the starvation of these tribes as a whole instant approved and signed the joint resolution (S. R. 53) authorizihg to which I referred when I spoke of the fact that there had been very the printing of the annual report of the Chief of the Bureau of Statis great exaggerations in respect to the controversy a.bout their suffering tics on internal commerce for 1889. for want of food. There are some other things, Mr. President, that I should like to say as to the causes of this trouble in the Sioux country, ORDER OF BUSINESS. but I forbear at this time. Mr. HOAR. I move that the Senate proceed to the consideration l\IESSAGE FROJ\I TIIE HOUSE. of the national election bilJ. Mr. l\IORGAN. I call for the yeas aud nays on that motion. The A message from the House of Representatives, by Mr. McPIIERSON, Senator from Delaware [Mr. GRAY], who has the floor on this bill, is its Clerk, announced that the House had passed the bill (S~ 3271) to enable the Secretary of the Interior to carry out in part the provisions out of the Chamber at this moment. I do not know whether the Sena.· of "An act to divide a portion of the reservation of the Sioux Nation tor from Massachusetts noticed that fact or not. of Indians in Dakota into separate reservations and to secure the re l\Ir. VOORHEES. He was here a moment ago. linquishment of the Indian title to the remainder, and for other pur l\Ir. MORGAN. He will· be back in a very few moments. That is poses," approved March 2, 1889, and making appropriations for the the reason I call for the yeas and nays. 1;ame, and for other purposes, with amendments in which it requested Mr. HOAR. I made the motion to adjourn on Saturday about half the concurrence of the Senate. past 4 to meet the convenience of the Senator from Delaware. I do The message also announced that the House had passed the bill (S. not think he will complain of any want of attention. Mr. l\IORGAN. The Senator from Delaware asked me if the matter 169) for the relief of General George Stoneman. could be delayed until he could return to the Chamber. He bas gone JOHN I. DAVENPORT. oup for a very few moments,· and when the Senator' from Massachu The VICE PRESIDENT. The Chair lays befor~ the Senate a reso setts demands the consideration of that bill in the absence of the Sen lution offered by the Senator from Alabama [Mr. l\!oRGAN], coming ator from Delaware, he being entitled to the floor, I am right in de over from a previous d::i.y; which will lie read. manding the yeas and nays so as to give him a little time. The Chief Clerk read the resolution submitted by Mr. MORGAN De Mr. HOAR. I was not aware that the Senator from Delaware wa President of the Senate unrler the rnles, and I ask that it may be en thorize the construction of the Baltimore and Potomac Railroad in the 1 forced. This continuous prevalent disorder is a reproach to this body. District of Coluµibia.; ' The VICE PRESIDENT. The Senator from Maryland will proceed. A bill (H. R. 7342) relating to junk dealers, dealers in second-band Mr. GORl\IAN. l\Ir. President, I said that I was astonished at the personal property, and pawnbrokers in the District of Columbia; suggestion made by the Senator from l\fassacbusttts that a time should A bill (H. R. 10787) to prohibit the granting of liquor licenses within be fixed for tuldng the vote upon this bill on Friday next, in view of 1 mile of the Soldiers' Home; what bad occurred; that I had no doubt the Senator from Massachu A bill (H. n. 10860) to regul.ate the sale of tickets on street railroads setts himself, upon reflection, would withdraw th:i.t suggestion. in the District of Colnmbia; and Mr. HOAR. It bas been objected to by the Senator from Alabama, A bill (li. R. 11691) to compel the attendance of witnesses on trials and that ends it. It is not debatable. of members of the police force, fire department, or any other depart Mr. GORMAN. Mr. President, of course if the Senator desires to ment of the District of Columbia, and for other purposes. cut me .off from what I was about to say I sh:i.ll wait until the bill UNITED STATES ELECTIONS. comes before the Senate and then I shall reply to the Senator. The Senate, as in Committee of the Whole, resumed the considera Mr. II OAR. 'rhe Senator asked me to withdraw the suggestion, and tion of the bill (H. R. 11045) to amend and supplement the election laws I thought it was proper to call his attention to the fact that having of the United States, and to proYide for the more efficient enforcement been objected to it had gone over. The Senator from Alabama objected of such laws, and for other purposes, the question being on the amend to it. ment reported by the Committee on Privileges and Elections. Mr. GOH.MAN. Is the election bill pending before the Senate? The VICE PRESIDENT. The Senator from Delaware [Mr. GRAY] The VICE PRESIDENT. The bill is not pending before the Senate. is entitled to the floor. Mr. MORGAN. I withdraw the call for the yeas and nays on the · Mr. GRAY. Mr. President-- motion to take it up. Mr. GORMAN. Will the Senator yield to me that I may complete Mr. HOAR. A motion is pending to take up the bill. what I was cnt off from saying a few minutes ago? Mr. GORMAN. I will wait until the bill comes up. The VICE PRESIDENT. Does the Senator from Delaware yield to Mr. MORGAN. I withdraw the call for the yeas and nays. The the Senator from .M:arvland? · Senator from Delnware is in his seat. Mr. GRAY. Certainly. The VICE PRESIDENT. The question is on the motion of the Sena Mr. GORMAN. Mr. President. I am indebted to the Senator from tor from Massachusetts to take up the bill the title of which will be Delaware [Mr. GRAY] for the opportunitv to say a word or two in re- read. ply to the Senator from Massachusetts [Mr. HOAR]. . The CHIEF CLERK. A bill (H. R.11045) to amend and supplement l was proceeding to say that I was astonished at the sug~estion of the election laws of the United States and to provide for the more effi the Senator from Massachusetts at this early period of the session to cient enforcement of such laws, and for other purposes. . fix a day so near as Friday next on which the vote on this bill sbal The VICE PRESIDENT. Tb.e question is on the motion of the be taken, and I was calling attention to the fact that at the last sesl Senator from Massachusetts. [Putting the question.] The noes ap sion of Congress, when this matter was under consideration, the Sena pear to have it. tor himself, as we understood upon this side of the Chamber and as I Several SENATORS. Division. think the country understood, announced that if the bill was not con· Mr. HOAR. Let the question be taken again orally, if the Chair sidered then and should go over until this session there would not be please. The question was not understood. time in the thirteen weeks of the present session to give it due con The VICE PRESIDENT. The question is on the motion of the sideration and final action. Senator from Massachusetts that the Senate proceed to the considera Then, in view of what occurred at the popular election in November, tion of the election bill, so called, tbetitleofwhichhasjust been rend. I think it became a firm conviction in the mind of everybody that The question being put, there were on a division-ayes 26, noe!:! 15, probably the Senator from Massachusetts did not intend to urge, or at no quorum voting. least would not press, the bill at this session. So, when we met here The VICE PRESIDENT. The roll will be called. on l\fonday last, I think with one exception and that the Senator from The Secretary called the roll; and the following Senators responded Indiana [Ur. TURPIE], who had prepared a speech to be delivered at to their names: the last session, supposing the bill might then be pressed, not a single Aldrich, Davis, Ingalls, Sawyer, Senator on this floor had given the matter that consideration which A1len, Dawes, KennR. Sherman, would enable him to discuss it intelligently. And when it came up Allison, Dixon, :Mcl\Iillan, Spooner, on Tuesday last on the motion of the Senator from Massachusetts, this Barbour, Edmunds, 1\IcPherson, Stanford, Bate, Eustis, Mo.nderson, Stewart, side at least were absolutely unprepared for his motion and unprepared Berry, Faulk~er. l\'Iitchell, Stockbridge, to discuss the bill. It therefore bas dragged along every day from Blackburn, Frye, ?.Iorgan, Teller, Tuesday until now, as we all know, being discussed, during which time Blair, George, 1\Iorrill, Vance, Oall, Gibson, Paddock, Voorhees, quite a number of Senators have been giving it attention. Carey, Gorman, Pasco, Walthnll, Thus it is that we are not even on the threshold of the discussion of Carlisle, Gray, Payne, 'Vnrren, this bill. The developments of the last two days show that even the Casey, Hale, Pierce, 'Va.shbum, Chandler, Harris,. Plumb, Wilson of Iowa, authors of the bill were uncertain, absolutely uncertain, as to its pro Cockrell, Hawley, Power, Wilson ofl\Id. visions. Of course, those of us who are not on the committee are with Coke, Higgins, Pugh, out knowledge. Therefore, Mr. President, it does not seem to be pos Cullom, Hiscock, Ransom, Daniel. Hoar, Reagan, sible in fairness, at this time, after only four or five days' consideration, to even consider the suggestion of fixing a day as early as Friday next Tho VICE PRESIDENT. Sixty-five Senators have responded to for a final vote. their names, a quorum is present, and the question recurs on the mo Mr. Pre.sident, the=e are some of us, indeed, I may say all of us, who tion of the Senator from Massachusetts that the Senate proceed to the are in the minority on this side of the body, who are conscious of the consideration of the so·called election bill, the title of which has been fact that the great majority of this country at the last election has pro read. nounced in favor of the · party which we represent, by the most over The motion was agreed to. whelming majority ever known in the history of the United States. ::U:ESSAGE FROM THE HOUSE. Weare not elated with that victory, but we are looking with seriousness and earnestness at the condition ofthecountry, recognizing that with our A message from the House of Representatives, by Mr. McPHERSO~, its Clerk, announced that the House had passed the bill (S. 2884) to great political victory the conditions of this country are more serious than prevent the spread of scarlet fever and diphtheria in the District of Co- they have been at any time during my short life; that there are mat lumbia. . ters here which ouoht to be considered by all the members of both · The message also announced that the House had passed the following Houses, not as parti~ans but as patriots. I think I voice the sentiment bills; in which it requested the concurrence of the Senate:· of every member of the Democratic party in both Houses of Congress A bill (H. R. 7342) relating to junk dealers, dealers in second-hand when I say that we ::ire perfectly prepared to-day to lay aside all par tisan measures, to forget that we are. Democrats, and postp?ne all personal ~roperty, and pawnbrokers in the District of Columbia; merely partisan measures that som~thrng may b~ done by thlS Con A bill ~R.R. 10787) to prohibit the granting of liquor licenses Within 1 mile of the Soldiers' Home; gress which will stay the great calamity that so seriously threatens the A bill (H. R. 10860) to regulate the sale of tickets on street railroads American people. We stand to-day, l\Ir. President, upon a financial volcano. \Ve have in the District of Colm:r:~bia; and A bill (H. R. 11691) to compel tho attendance of witnesses on trials heard discussion as to the starving Indians, but we tako no note, it ap of members of the police force, fire department, or any other depart pears, of the fact that the great agriculturists of the land are meeting ment of the District of Columbia, and for other purposes. and resolving that there is danger, trouble, if not starvn.tion and op pression, among them. The labor of the country appeals through every HOUSE BILLS REFERRED. channel it can to this Administration and this Congress to stay the aw The following bills, this Jay received from the House of Represent ful wreck that is threatened. The faces of the bankers and the mer atives, were severally read twice by their titles, and referred to the chants are blanched with fear. No man can tell whether to-morrow Committee on the District of Columbia: . or next day every bank in the great centers of our commerce will not A bill (H. R. 8243) supplementary to an act entitled "An act to au- be closed by the suspension of payments. · 1890. CONGRESSIONAL RECORD-SENATE. 203 In the midst of such a ~tate of affairs we, who I said came here by making speeches, and now the Senator from Maryland cooily rises :flushed with victory, bad hoped that the majority party, you who con in his seat and states as a reason for not consenting to stop at the end trol the committees, you who shape legislation, would have given us of this week Democratic speeches which neither he nor the makers of the opportunity to confer with you and aid you to devise measures to them suppose will affect a single vote or influence a single opinion in prevent, if we can, the great disaster that is now impending. But the this body on this measure_.__ Senator from Massachusetts brought forth his political measure on the Mr. GRAY. Oh, no. second day of the session, and has continued to keep it before this Mr. HOAR. Speeches of mere delay and obstruction, because he body day by day and hour by hour, refusing even the usual time of says the interests of the country demand that we should go to other adjournment from Friday to Monday, depriving every l;llan in the mi business. If ~he Senator has any measure which he thinks will alla.y nority of the opportunity for want of time to go to your Administration the panic or the menace to the commercial prosperity of this country, and to your leaders on that side of the Chamber and tender you our which began when the elections were declared in favor of his party, support in efforts to restore confiden~e in tlle commercial community. the country bein~ in a condition of unexampled prosperity up to that Those of.us who have business interests, who have the opportunity to time-if he has any such measure let him, after a fair and proper state feel the pulse an~ know what is moving, have given what short time ment of the reasons for voting against this measure, allow the major we have bad out of this body listening to these people. ity of this body to pass upon it and vote upon it. Mr. President, I heard one delegation in the presence of my distin The Senator speaks of this as·a sectional measure. guished friend from Ohio and the Senator froru North Carolina rep Mr. GRAY. "A partisan measure,'' not a sectional measure. resenting the tobacco interest of the country, who came here to tell us l\fr. HOAR. The Senator from Delaware spoke of it as both. that the fatal omission of n. clause in the last tariff bill, dropped out by Mr. GRAY. The Senator from Maryland spoke of it as a partisan. a clerk, overlooked in our haste to leave the ciiy, was about t.o wreck 1\1r. HOAR. And spoke of it also as a sectional measure. It is that that great interest unless it was repaired. Instead of giving them at I am speaking about. tention we take the whole week ascertaining bow we can restrict the Mr. GRAY. I did not hear him say that. rights of freemen, and fail to do this act of justice to correct a state of Mr. HOAR. It is a measure whose beneficent influence, thQ simple things which if permitted to go on may wreck a great business inter and sole purpose of which is to submit tothe judges of the circuit courts est of the country. of the United States, against whose integrity and official honor no man Mr. President, read the great papers of the city of New York to-day. brings a charge, the question of who·has a primafacie title to a seat in · They tell you that the Secretary of the Treasury, taking the only ac the House of Representath'es, instead of having it declared by mffian tion that is authorized within the law, bas come again to the relief of ism or fraud or violence, as has been too often the case in the past, and the country by offering to buy $5,000,000 of bonds; but that is a mere as is proved to be the case by the abundant admissions of that Senator's drop in the bueket. He has exhausted himself. He has paid out from own party. Now, if that Senator bas anything to relieve the country the Treasury $100,000,00U for bonds and the $100,000,000 have dis from any peril, let him consent to this proposition of mine. If I did appeared. The banks have less money now than they had before the not propose too late a day let him consent to an earlier one, and let his payment of the $100,000,000; and this action of his, this circular qf side of the Chamber and this side of the Chamber give the votes which yesterday or the day before, amounts to-nothing, we are told, unless they are rMdy and prepared to give, a.nd which he will not pretend Congress shall take action; it will not stay the panic.. But if the Sen would be otherwise if given in a week or ten days hence from what they ator from Massachusetts is to be followed, the answer must go to the would be if given now, and not wnste time in endeavoring to prevent country, "Let the business affairs take care of themselves; we urge the constitutional will of the majority from being declared in legisla and urge only as the panacea for all these troubles an election bill.'' tion. Mr. President, publicly, as I harn said in prirnte, while I am not Mr. GRAY. Mr. President, I trust! may be pardoned, aft.er what has authorized to speak for anybody, I think. I can safely say for every j ast fallen from the Senator from Massachusetts in reply to the Senator Democrat in Congress that we fully appreciate the great impending from Maryland, in saying a single word as to theveryremarkableposi· trouble. In the twelve weeks left of this session we are prepared to join tion taken by the Senator from Massachusetts in defense of bis proposi you in laying aside every·measure that is merely partisan in its char tion to continue this bill before the Senate to the exclusion of all other acter, and we will, as patriots, aid you in framing such legislation as business without regard to the time that is necessarily to be taken in may stop or tend to stop this trouble. properly debating it andexposinganddisplayingitsprovisions. What It would not be fair to say that the trouble lies at your door alto I understood the Senator from 1\Iaryland to say in his patriotic and elo gether. There are pqssibly causes operating beyo~d party; I believe quent appeal to the Senator frorp. M8.l?Sachusetts was that we should in there are; but you are in the majority for the moment in both Houses termit at least the consideration of a bill that seeks to change conditions of Congress and in the executive branch. ')\he appeal comes up to us that have obtained for a hundred years to the satisfaction of the large to meet this exigency. We are ready to do it, to join you unless you majority .of the people of this country, intermit for a season the eonsider continue to press, to the exclusion of these important mutters, your ation of a bill that is believed by that majority to be par~isan in its merely partisan propositions. • character, in order that we may give some attention and some consid Now I beg of the Senator from Massachusetts to lay aside for the eration to the very serious condition of the business interests of this moment this bill, which the country, as we think, has pronounced country. against; let it go and let us take up the matters that every class of These interests are now tottering in all the great commercial centers our fellow-citizens are looking for us to consider. of the land, if the daily newspapers are to be believed. He demanded If you do not, if you persist in the course that has been marked out that Congress might be permitted to transact in some degree its legiti by the distinguished Senator from Massac1msetts, the responsibility mate business in responding to the calls and responding to the appeals must rest with the party in power. The discussion of this measure, as to the commercial distress. that now exists and is spreading all over if you persist in it while bankruptcy and ruin go on, if the Senator the country. But does the Senator from Uassachusetts suppose when from Massachusetts forces the consideration of a partisan. measure he retorts upon the Senator from Maryland that we are responsible on which is intended to strike at a section of our common country, he has this side when he presses this bill upon the attention of the Senate to the power to do it, but when he goes back to his home in Massachusetts theexclusion of these important considerations, that we are called upon he will find that the merchants and the bankers, the men of affairs, to default in our duty of debate about a measure such as this, which the farmers and the laborers, will tell him that you are attempting to affects not the business interests directly, but, as we conceive, the lib-· arraign, and possibly destroy, a section of your common country that erties of the people and the integrity of the institutions of our country, to-day, and for two months past, has sustained the:qi. :But for the and that we must, in order to allow the majority to attend to its proper prod.nets of that section of the country south of the Potomac, but for and appropriate business, be derelict in our duty to our constituents the fact that the cotton crop was being moved, there would not be u and to the country at large in order that this measure may be pressed bank in Massachusetts able to pay its depositors. The only thing that to a vote and put out of the way in the summary fashion which I have has saved us from our golcl all passing out is the fact that we have no doubt its authors are most anxious it should be? been able to draw upon the cotton crop and the oil shipped hence. Now, Mr. President, I presume that others besides myself will wish You may hasten the wreck, you mn.yspeed the time when this distress to debate this question upon this side; indeed, I know that it is neces will be universal: So be it, Mr. President, if you will. Again we sary that- others besides myself should debate this matter, because I tender you our earnest endeavors to st.41.y this panic and save our com have not presumed nor have I the ability to state all the objections to mon country. this bil1. I am only endeavoring to perform my duty as a member of Mr. HOAR. Mr. President, if the Senator from Delaware will allow the Committee on Privileges and Elections in such a fashion as I may me a moment-- be able, and then, having done that, I shall be satisfied that others Mr. GRAY. Certainly. shall take my place upon the floor. · Mr. HOAR. The Senator from Maryland· [Mr. GORMAN] has made But I do not want it to be understood that we are in any way re a speech which, it seems to me, presents in the strongest possible re sponsible for this exclusion of other business from the consideration of lation the reasons for the request which I made of the Senate just now. the Senate by any necessary time we take in considering a bill that is We have been here a week, and that entire week has been occupied by pressed here by the Senator, backed as be is by a dominant majority the other side of the Chamber, one day they demanding the reading of in this body. · the old bill as well as the new, which was waived by the consent of Mr. President, on Saturday, when I bad the honor to occupy the at the Senator from Maryland later in the: afttrnoon, and the other days tention of ihe i;3enate, I was discussing somewhat the partisan charac- 204 CONGRESSIONAL RECORD-SENATE. DE0El\1BER ~' . ter of this bill, and I was more particularly dii:ecting the attention of f or twelve days, or more in getting ready is none of your business." I! the Senate to the methods and the provisions in the bill, as well as in he had been an ordinary magistrate, if he had occupied a position on the amendment of the Senate committee, for the appointment of the the bench of the great EmpireStateofNcw York, my honorable friend chief supervisor, and I thought that the metJ:iod provided for his ap- from that irreat Commonwealth, who rcpresen~ it so ably, Iknowwill pointment illustrated most signally its partisan character, and was agree with me and say that he would have been deposed and dragged dwellinp: upon it when the Senate adjourned. from his high seat by the omnipotent power of an impeachment by the- Now let me, without repeating myself unnecessarily-and I do not people of his great Commonwealth; but be was not amenable to their desire to repeat what was said on Saturday-call the attention of the laws. He drew his commission from a distant source. Ile was an ap Senate again to the frontispiece of this bill, I mean the chief super- pointee of the Federal Government, and therefore could not be reached visor, whose picture should have been displayed upon the first page, by the people of the Commonwealth whom he had insulted and whose for he is to be hereafter the controller of our liberties and the arbiter laws and liberties he had defied. of our destiny. No officer, judicial; executive, or otherwise, was ever Well, now, Mr. President, this. man is commissioner yet. Eighteen clothed or attempted to be clothed in all the hundred years of our his- years have come and gone and he still occupies that position, and, should tory with a tithe of the arbitrary power, the absolutely uncontrolled he resign, or become disabled, or die, his successor ~s provided for in power that this officer, called the chief supervisor, is clothed with under his bill. the provisions of this bill and the amendment which the Senate com- Mr. GEORGE. Who appoints his successor? mittee have reported to it. · Mr. GRAY. I am just going to tell you. His successor is provided Nay, the responsibilities and duties that are already imposed upon for in this bill. that officer as he exists now under the statutes of the United States, Now, I want to appeal to yon. I know all in this body to whom I pass~d in those troublous reconstruction times, are of an anomalous am addressing these remarks love liberty and respect the fundamental character; they are utterly unsuited to free institutions; they are in- principles of our Government and wish to support them as much as I, . consistent with their existence and maintenance, and not a line in this and I am confident of the concurrence of my friends on the other side, bill that regards his duties bas the accent of liberty in it. It is alien when I point out to them this feature of the bill, in agreeing with me as to our history, to our traditions, to our sentiments, to our beliefs, It to its odiousness. But now let me tell you this is a specimen super comes from other climes. It is the product of the conceptions of gov- visor, a very able supervisor. ernment by another rnce than ours, this turning over the auton.omy The circuit court or the United States- of a State in its most vital function, the election of its officers, the elec Section 25 of this amendment says- tion of those who are to rnpresent it in the great legislative branch of this country. But I will not stop now to allude to the fact that also, in any judicial district way- as to the election of every State officer who is voted for atthe polls upon May- the same day on which Representatives to Congress are voted for, un upon the request of the chief supervisor questionably this bill, even if it was not so intended, will practically :Mark you- work the same control and the same influence on those elections that of elections, appoint such one of the circuit court commissioners as such chief it works upon those of members of the House of Representatives. supervisor shall designate. There can be no doubt about that. Whether you intend it or not, Now, think of that. Of course no lawyer drew this bill; of course that is the result. I do not believe it was the intention of the honor the Senator from Massachusetts bad nothing to do with it; the Sen able gentleman who reported this measure from the Senate commit ator from Colorado bacl nothing to do with it any more than I. tee, but I do believe that it was consonant with the purpose of the Think of degrading a court, think of being so absolutely ignorant gentleman who really framed the bill, of the chief supervisor who has of the Constitution of the country under which he lives as to say that brought his expert knowledge in the methods of despotism to the aid a circuit court may appoint upon the request of the chief supervisor of the committees who have reported it in either House. of elections ''such one of the circuit court commissioners as such chief Why, Mr. President, this officer, the chief supervisor, is appointed supervisor shall designate" as deputy chief supervisor of elections. for life and he is an executive officer. We have a judiciary appointed It would have been more direct to say, and not any mote substanti for life, but throughout every other department oLthis Government ally the case if it had said, that the chief supervisor shall appoint the the democratic and republican principle obtains and bas run that deputy supervisor of elections. Now, then': officers should be appointed who should hold their offices for fixed Such deputy shall perform and discharge from time to time all such duties as terms where they are clothed with responsibility such as this, or at sliall be assigned him by the chief supervisor of elections, and sball- least removable at the will of the Executive, who is elected for a short There is the point- and fixed term; but here is an officer who, for the first time in our and shall, in the absence, illness, resignation, removal, or death of the chief history, is created who belongs to no class that is known amongst us. supervisor, act in his place; the compensation of such deputy chief supervisor He fits in no place in the mechanism of our Government. He is ap shall be euch a.s may be agreed upon by such officer and the chief supervisor, pointed for life. He combines the functions of a magistrate ~nd an a11d shall be paid by the latter. executive officer. There is no other syllable in this whole bill which provides for the It was this official who in the city of New York, with an insolence appointment of chief supervisors when their term of office, in the and an arrogance that I believe is without precedent in American his providence of God, shall cease by their death, that I have been able tory, certainly not in American judicial history, for he was then acting to discover. If anybody knows differently I should be very glad to be as a judge, told the counsel of a man who had been arrested in his own corrected, but I think that is correct. home for no other offense than for refusing to answer the inquisitorial Mr. McPHERSON. There is to be one chief supervisor?· questions of an under supervisor, a poor creature appointed on his own :Mr. GRAY, There ic~ to be one chief supervisor. He has a divine application to be a spy upon his fellow-citizens, that he was talking right for life, and, like absolute monarchs the world over, he designates for the newspapers when he protested against the longer incarceration his successor and produces his own heir at law. of his client. He was j uJge and executive officer both. Ile made the Mr. KENNA. And he may do so, if the Senator will pardon me, order for this citizen's arrest of his own motion; then he donned the within an hour prior to his resignation. ermine of his judicial position and sat like some great Pooh Bah to bear Mr. GRAY. Of course, as the Senator from West Virginia says, he the case that he himself had made. may do it in an hour prior to bis resignation or be may do it by way He was closeted an hour and a half with the prosecuting witness be of testament upon bis deathbed, thus bequeathing an I will not say anything more about the appointment of chief super section 5 is. Why, t.hc draughtsman of this measure has been so filled visor, at the suggestion of the Senator from Mississippi, because I can with the idea of this office for life that he has hardly thought it nec not eay anything. I have merely to allude to the provision of the Con essary to consult Congress at all; and he hardly thought it necessary stitution of the United States, and to leave it there. That is all. to observe the ordinary forms of legislative expression. Now, I pass There is not a syllable of constitutional authority for the erection of from that. Section 5 reads: this royal personage in this way, and the perpetuation of his power in Until the court shall have appointed for-the city or town, forthecountyorpar our midst. ish, or for the entire Congressional district such number of supervisors of elec tion as the chief supervisor shall believe to be sufficient to enable him to properly But how are supervisors, this bastard nobility that is to surround prov~de for the filling of all election districts or voting precincts within his the throne, to be appointed? In section 5 there is a sort of show of jurisdiction and the filling of all vacancies which may from any cause be created putting that appofntment in the courts. Now, how easy it would have or arise, which number shall not, however, be less than double the whole nu m ber of supervisors which each such city or town, county or parish, or entire been to say that, when the chief supervisor has received all these ap Congressional district is entitled to the services of. plications from those who are ambitious for this preferment and has Will any Senator in this Chamber tell me what number of super· made a list of them, he shall send that list to the circuit' court in his visors each of these Congressional districts, cities, or towns, etc., is en province, or district, I believe it is called, and tell the circuit court titled ''to · the services of?'' If I were a schoolmaster and had the to make a selection from it. Buttbe bill does not say so. !only allude to draughtsman of the bill before me to be exercis~d in composition, I this to show that it did not come from the hands of .lawyers, it did not would tell him it was not proper to end a sentence like this with a come from the hands of statesmen, it did not come from the committee particle, and of course I know th~t no draughtsman of the Senate com of this body. It came from this man who knows how to erect in a re mittee would do anything of that kind. public one of the institutions of a monarchy or an empire. Which each such city or town, county or parish, or entire Congressional dis There is a strange anarchy and confusion in section 5. I should be trict is entitled to the services of. glad for any Senator to turn to section 5, if be thinks it worth while How many are they "entitled to the services of?" I do not know. to consider the provisions of this bill, if ho thinks them important Will anybodyi:ell me from this bill, or is it to be one of those nebulous enough to scrutinize, and examine it for himself and tell me where in things that will go out and rest in the discretion, the royal discretion, that section the court is charged with making any appointment at all. of the chief supervisor? Perhaps it is' not right to ljmit so grand a There is by indirection an inference to be drawn that the court has ap personage as that by vulgar figure!:! -and numbers; it would not be re· pointed them before they can act and before their duties a'te prescribed. spectful, perchance. Ilut really, and in all seriousness, I should like Section 5 says: · to know, becamrn those words mean something. The language would - The chief supervisor of elections in any judicial district who has received any petition provided for in section 2 of this act shall thereafter, from time to time, lead us to infer very naturally that thereJ.s a certain number to whose prepare; present, and certify to such circuit court lists of persons whom he shall services the districts are entitled, would it not? Now, ought we not believe to be eligible for appointment as super~isors of election-in the place or to know what that number is? I thought the Senator from New Hamp places for which petitions for supervision have been received. shire [Mr. IlLAIR] would agree with me. I should be very much in I wonder what that eligibility consists in. No qualifications are debted to the Senator from New Hampshire or to any other Senator prescribed in this proposed statute except that a man shall read and who in good faith would help me solve this question. It maybe that write, but such men are to be chosen as· the chief supervisor shall I have overlooked in the reading of this bill and this amendment some consider eligible. Are you going to trust this chief supervisor and section or line which indicates that there must be a certain number. commit our destinies with full confidence and simple faith to his selec Well, leaving that, let us go on and see what further these super tion? '.rhe section proceeds: visors may do, for this section 5 is a very important one: In preparing· such lists the chief supervisor shall not be confined to the appli From the appointments so made the chief supervisor shall, from time. to cations he may have 1·eceived, and lists may be presented for each place from time, select for duty, and shall designate and assign for each election district which a petition for the supervision of the registration or the election shall have or voting precinct in any such city or town, county or parish, or entire Con been received, until the court shall have appointed for the city or town, for the gressional district as they shall have been appointed for, three persons, but county or parish, or for the entire Congressional district such number of super two of whom shall be of the same political party. visors of election as the chief supervisor shall believe to be sufficient to enable him to pro:perly provide for the filling of all election districts or voting precincts I believe (and I freely confess that I am liable to be corrected by - within his Jurisdiction and the filling of all vacancies which may from any cause be created or arise, which number shall not, however, be less _than double the those who are more familiar with the text of this bill) there is no pro whole number of supervisors whi1:1h each such city or town, county or parish, vision here that compels the court to select ·from both or from more or entire Congressional-district is entitled to the services of.· than one political party. So it might be that, when the supervisors Now, guess what that means. 'r have been guessing, and I should are all appointed, although the chief supervisor shall be disposed to like somebody else to see if he can give an answer to the conundrum. obey this provision of the law when he assigns these supervisors to an It is a pretty good thing to exercise the acuIQen of those who are fond election qistrict, not' more than two shall be of the same political party, of guessing conundrums. Here is an intimation that the court shall that the lists the court send down are all of the same political party. do something after certain men have been appointed, but it nowhere That is not an impossible supposition. · Courts are men. Judges have confers the authority on the court to appoint. I wish somebody would a right to be Democrat., or Republicans in their political faith just as look-through this bill and find it there. It would seem to me that the rest of us have. _ when statesmen are framing a law so important as this confessedly is, There is no discredit in that sort of partisan politics in believing _it would have been very easy to say thl:!-t ''thereupon the circuit court that certain measures and certain doctrines are more for tho interest of shall from the number of those presented by the chief supervisor ap our country than the opposing doctrine and faith. Tbey are men like point a sufficient number," and so on, just as the pres(lnt law provides others, and I would not greatly criticise them. I might criticise them for these supervisors in direct and precise language. There is an infer somewhat, but not very severely, if they should send down a l~st an ence here that the court must have taken an intimation from the pres of one political faith, if a Democraticjudgeshouldsenddown all Dem entation of these names to him that it was to do something. ocrats because he believed that his Democratic friends were more likely .M:r. GIBSON. IftheSenatorwill permit me. I guess that the work or better able to conduct elections fairly than Republicans. That might to bedoneis political and partisan, and that they desire fit instruments, be, yo~ know. But it would be none the less an outrage upon tho willing to do it. · community where those Democratic supervisors were sent. Then it J\fr. GRAY. I think the Senator guesses right, but he has not is a thing that ought to be corrected. It would be an outrage upon guessed yet how these supervisors will be appointed under this section that comm~nity or that Congressional district. ' 5. There is not a syllable here that invests the court with the right So here is another incongruity in this bill. It shows the appropri to appoint these supervisors. If you can confer upon the court by an ateness of the motion made by the Senator from Virginia [Mr. DANIEL] inference, by an indirection, a power under the Constitution, perhaps to commit this bill and all its amendments back to the committee. they have been sufficiently indued with t.his great power; that is, if Let the committee reasonably draught it in conformity to the rules of you are to infer from this language that the supervisors shall keep on Lindley 1\Iurray and in the ordinary phraseology that obtains in the sending in these lists until the courts shall have appointed for the city statutes of the United States, and make certain and clear those things or town a sufficient number. that ::ire uncertain and ooscure. Let us know the full measure of the I do not want to be captious, but I want to refer to this fact, that iniquity, if iniquity it be, of this bill. Let there be no phrases that . here is a disgraceful dubiety and equivocation of phraseology in this are hereafter to be discussed and debated before courts or otherwise. measure. It is not in its phraseology fit to go out from this body even The bill ought to go back to the committee. It is not fit to be dis- with all agreed about the object in view. Ifwe were all agreed upon get . cussed now. This is no place to amend the bill in this fashion. :f..et ting the most stringent supervision of the elections by Federal officers it go back, and let us have a committee on style; and if the Commit that was possible, we wouJd not send out such a bill as this. It is not tee on Privileges and Elections will not take it again or tell us what it creditable to this body, and it can only be accounted, for, of course, means, let them write the English language and adhere to the rules from the fact that the language of others has been accepted in the haste ' of English speech if they will not adhere to the rules of English lib that sometimes comes upon Senators and Representatives in the pres erty and freedom. We shall then have that much that we have in~er sure of important duties by which they are surrounded and crowded ited, at any rate, from our ancestors, and that much that we prize. . during the sessions of Congress. ' Let us have the lucid periods of the Senator from Massachusetts and But I must'protest that there ought not to be on the part of any of not the turgid and confused phraseology of the chief supervisor of New us such haste as would allow to come from any committee of this York. Then we can discuss this bill with more intelligence and to a body a law so doubtfully framed, so wanting in perspicuity as this better end, I think, than we can discuss it now. 1890. CONGRESSIONAL RECORD-SENATE. 207 But I must proceed; I mUEt hasten on. That is a parliamentary Mr. KENNA. And I will add one word further- phrase, I believe. Mr. HOAR. The Senator will permit. me-- Mr. BUTLER. Take your time in hastening. '.rhe PRESIDING OFFICER. The Senator from West Virginia will Mr. GRAY. Festina lente. Section 5 proceeds: suspend, and also the Senator fromMassachusett.s. Upon arepetition The appoint.ment of any supervisor of election may be at any time revoked or of that applause the Sergeant-at-Arms will be directed to clear the renewed by the circuit court, and every list of eligible persons presented to such galleries. court for appointment as supervisors of election shall, after action thereon by the court, be filed- · Mr. HOAR. Mr. President, of course an authority to contradict a Not in the office of the clerk of the court, where we all have acces.'i newspaper statement, which was read in the Senate last Saturday, to it as part of its record, but- must have been given to me, since it was readin the Senate. There is in the office of the chief supervisor of elections, who shall cause the same to bo not anybody who would fail to understand that it wa.'! given to me in fully entered of record therein in index and tabular form for future reference. Washington. The Senator's tone of putting that question to me was But there is not one syllable there to say that the free American nota very civil one. I do not know whether he intended to be uncivil citizen of that district may have access at proper bours and under or not, but certainly he will not gain anything if he does intend to be proper conditions, and when he decently behaves himself, to those uncivil by talking "in that style of address to me on the floor of the lists to see who of his neighbors have been selected for this important Senate. duty, to scrutinize the list of these custodians of his honor and his Mr. KENNA. J'tfy civility in propounding that inquiry certainly liberty. Quis custodiet custodes? There is nobody who shall watch the will not be questioned by any other person in the whole United States. watchers. There it is to be locked up in the office of the chief super It wasintended·to bea fairandcivilquestion. It was a fairandacivil visor of elections, to be kept as he desires it to be kept. question. It was to my mind an important question. It was at least Does the Senator from Massachusetts believe that is right? I do not so significant a question that the distinguished Senator bas to this believe that he does. I do not think that he does. Why, the lists of moment declined to answer it; and I will say, in theface ofhissilence the grand juries that pass upon the liberties of the citizens of the State on the subject, that it was in Washington; I will say, in furtheritera· are made public. The pa.nels of the petit juries are published. There tion of what I have already said upon the same line, that there has is no secrecy there. What would be said in a free American Common scarcely been a day since this bill found its presentation in either wealth if one of the citizens should apply to know who were the grand House of Congress that John I. Davenport has not been in Washington, jurors and who were thepetitjurors who were to pass upon his liberty the self-constituted patron of this whole measure, suggesting and or his life, or that of his neighbors and friends, and should be denied prompting and dictating every feature connected with it. by some high and mighty official who had the custody of the writ? The Senator may still decline to answer the question upon the ground You can not go to this chief supervisor; you can not send your counsel that it was uncivil, but no man could have known better than be and there, for he tells counsel that he will do this and that when he gets he must have known that the question was prompted by the verybest ready, and he will keep a citizen in jail three, four, five, or twelve of motives and addressed to him in a manner usual in the Senate. days if he thinks it is right, and then sneeringly says that we would Mr. GRAY and Mr. HIGGINS addressed the Chair. not have heard so much of 'this but counsel is talking for the news The PRESIDING OFFICER. Does the senior Senator from Dela- papers. So I hope be was talking for the newspapers; and it gotinto ware yield to bis colleague? the newspapers, and thanks to the newspapers it is an imperishable Mr. HIGGINS. Will my colleague yield to me for a moment? record, a stain though His upon the administration of justice in the Mr. GRAY. Certainly. great city of New York. • Mr. HIGGINS. I will simply say, in response to what has just been Mr. HOAR. I am authorized by the supervising magistrate re said by the Senator from West Virginia, that if it be true that Mr. ferred to-- Davenport has been in this cii, looking after the interests.of this bill, Mr. GRAY. I am glad he has authorized the Senator.· an~ ~e has had experience and knowledge about it, ip my humble Mr. HOAR. To say that that statement in the New York Hexald op1mon he could not have been here about a more important duty or read by the Senator the other day·is absolutely false and that no such earning a greater regard from his country than in doing it. transaction occurred. The transaction which did occur was made a Mr. GRAY. Is tbatall? [Laughter.] subject of complaint against the commissioner, and Judges Blatch Mr. HIGGINS. That is all. ford and Woodruff, of the U nite!l States court, on a full bearing of the Mr. GRAY. Mr. President, Mr. Davenport-I beg the gentleman's case, pronounced that the conduct of the commissioner was correct and pardon; I do not wish to lug his name unnecessarily into this debate proper in every particular. . will ear~ his reward, whatever it is, I have no doubt. But my friend Mr. GRAY. Mr. President, I take issue with the Senator froml\fassa from West Virginia must school himself; he must not be so sensitive chusetts. I know something of the history of that case. I do not believe about this matter of being checked when he talks about the chief su that the ordinary newspaper reporter, sitting in that magistrate's court pervisor. I do not mean l\Ir. Davenport especially, but any chief super to report its proceedings day by day and attempting to make a steno visor. He forgets who the chief supervisor is, and that when he gives graphic report of the salient features, would ever have so blackened authority to a gentleman be must not question too closely as to what his soul as to make a report and have it printed as a deliberate lie in is done by this royal personage. He will know better under the em· regard to that transaction: It bears upon its face the marks of its pire; he does not understand tbisthing now, and while something may verity. I do not believe that reporter invented that scene. I do not be excused, both as to the Senator's iI.tquiry and as to the Senator's believe even the chief supervisor of New York as against that reporter vehemence, to the spirit of liberty, as a great orator once said in the when he said sneeringly, "You are talking for the newspapers." English Parliament,.he will have to forget something of his education Thank God'- there were newspapers to report it. Our liberties and in the free air of those lofty peaks of West Virginia and bring himself our freedom are never so secure as when the calcium lightofthe press down to the level of this new regime under supervisor-i. So I hope that is tt;irne~ upon all places w ~ere 1 the liberty of the citizen and his right nothing so unseemly will occur again in the course of my remarks as to hfe, liberty, or property is concerned or may be passed upon by his 'any impropriety of that kind on the part of the Senator from West Vir fellow-men. Mr. President, he was talking for the newspapers of ginin. course, and I want to say to-day that I am talking for the newspapers I should have prbgressed a good deal fu1ther if I had not been inter too; because I have no Senators on that side, or very fow, to talk to: rupted. But it appears that this appoin.tment is to be made from the but I am talking through the newspapers to the people of this conn~ list of thpse who are sent in by the chief supervisor. That is, the whole try, thank Goa, who will giye me a hearing in the newspapers. [Ap- Rtructure and framework of section 5 is so, and such is the provision plause.] • of the House bill. The circuit court of the Unite who have illustrated the best qualities of free commonwealths, the clause wbich was the ground of their apprehension was not susceptible very men who made that provision in the Constitution under which of the interpretation which they put upon it. you claim to act, who wrote the words "that the State shall prescribe Mr. McPHERSON. And it was not to be exercised by Congress the time, place, and manner of holding elections, but the Congress may under any other circumstances. make or alter such regulations." The very men who made it apolo 1\Ir. GRAY. Not under any other circumstances than those which • gized f.or it. he described. The States that made the Union then, nine of them, I believe, pro Now, Mr. President, that was not all. I read from the·proceedings tested through their lawful channels against the danger of such a of the Massachusetts State convention as reported at page 176 of the clause to the liberties of the country and to the rightS of the States, · first volume of Elliot's debates: - and their fear was pacified to some extent and their apµrehension '!'he convention, having impartially discussed and fully considered the Con· quieted by the advocates of the Constitution in the different State con stitution for the United States of America, * * * ventions, wherever their voices could-oe heard, declaring with emphasis . Do, in the name and in behalf of the people of the Commonwealth of Massa chusetts, assent to and ratify the so.id Constitution for the United States of that that phrase was not meant for what it was supposed and declared America. to mean; that it was only there to give the new GC>vernment of the And, as it is the opinion of this convention that certain amendments and Union the power of self-preservation. ~ alterations in the said Constitution would remove the fears and quiet the appre hensions of mo.ny of the good people of this Co.mmonwealth and more eftectu Said the statesmen who advocated the clause and who appealed to nlly guard against an undue administration of the Federal Government, the the States to ratify the Constitution notwithstanding their objection convent.ion do therefore recommend that the following alterations and pro to that clause, it was only there to enable the Federal Government to visions be introduced into the said Constitution: That Congress do not exercise the powers yested in them by the fourth sec provide for the election of Representatives when the States should fail tion of the first article, but in cases when a State shall neglect or refuse to make to provide for that election and thus destroy the Government by allow the regulations therein mentioned or shall make regulations subversive or the ing this importn.nt function to fall into desuetude, and they obtained right!> of the people too. free and equal representation in Congress, agreeably a reluctant consent upon that pledge, upon the-faith of appeals such to the Constitution. as I have described, and one·State after the other dropped its objection I should like to know what iS the efl:ect of all this contemporaneous and relied on the collateral undertaking to the bond when they took expression of opinion as to what that ought to be. Says the Massachu the vote. It is a dangerous thing to do, I admit, but it does not alter setts Convention, Congress is only to exercise this power "when a State the bad faith of the obligee in that bond when he seeks to depart from shJ:tll neglect or refuse to make the regulations therein mentioned, or that collateral condition . on the technical ground that it is parol and shall make," that is, where the State shall make, u regulations sub not within the four corners of the sealed instrument. versive of the rights af the people to a free and equal representation in Mr. KENNA. Will.it interrupt my friend, the Senator from Dela Congress, agreeably to the Constitution.'' In all that hns been said ware, for me to remind him in this connection that at the election of here so oratorically about outrages at elections in one part of the Union November 4 last twelve of the thirteen original States entered at their or the other, there is no pretense that any State bas made any recom ballot boxes their protest against the course pursued by those-who are mendation or passed any law that is subversive of tho rights of the pressing the pending measure? citizens· of a State to freely vote at such election. Mr. GRAY. Not at all. I am glad to have the Senator state it. "Ah, but," say Senators, "we go behind the State action; we pre Mr. KENNA. That. is all I want to say, that twelve of the thirteen sume to sit in judgment on the people of the States, and we want to original States, every one excepting Vermont, gave I)emocratic ma- know what is your mode amo.J;1g your people of conducting the elec jorities. - tions under your State laws, which we admit are regular and not sub Mr. GRAY. Mr. President, I shall have something to say at another ject to the criticism just spoken of. We presume to go down there. time in regard to what I conceive to be a proper construction of that We do not think the Republican party in this section or that is receiv clause of. the Constitution, and submit to my colleagues here fairly, as ing fair play and an equal chance, and we will on that account make I think, my .views in regard to wha.t -its proper interpretation, accord a law that will bring the partisan result that we desire it shall bring ing to the accepted canons of iiiterprefation, really is. There is a power and wish for." . conferred upon the Federal G~vernment by this clause undoubtedly. The Massachusetts convention further said: What that power is is a qu~stion that has been mooted by distinguished And the convention do, in the name and in behalf of the people of this Com jurists from the time of the formation of the Government down to the monwealth, enjoin it upon their Representatives in Congress, at all times, until the alterations and provisions aforesaid have been considered, agreeably to the present. There have been two opinions about it, and it will not do to fifth article of the said Constitution, to exert all their influence and use all rea say that those who were opposed to its exercise arc the least capable. sonable and legal methods to obtain a ratltication of the said alterations and of making a correct interpr.etation; . pro~isions in such manner as is provided in the said article. It will not do to whistle down the wind the criticisms of those dis In New York, on resolutions proposed by Mr. Jay and amended by tinguished men who in.the past have given their opinion and staked Mr. Smith, it was- their reputation upon an interpretation adverse to that made by the Resolved, as the opiniO'li of this committee, That the Constitution under consid majority in this body perhaps. The fact remains that the statesmen eration ought to be ratified by this convention, upon condition, nevertheless, that until a convention shall be called and conyened for proposing amendments of the country, the public men of the country, the jurists of the coun to the said Constitution * * * the Congress will not make or alter any reg• try b~e differed in this respect, and it comes to us M a phrase of ulation in this St.a.Le respecting the time, pll!-fes, and manner of holdinli? elec doubtful construction, however men may say on one side or the other tions (,pr Senators or Representatives, unless the Legislature of this State should negleclior refuse to m¥e laws or regulations for the purpose, or from any cir they have no doubt in that regard. However clear it may be to the cumstances be incapable of ma.king the same; and that in those ca.see such power minds of the distinguished ,and able gentlemen who press tliis bill it will only be exercised until the Legislature of this State shall make provision will not do to say that it is not one susceptible of doubt, of.variant in in the oremises. terpretation. And they have the following resolution: But what I want to call attention to is that the interp:retation which And the convention do, in the name and on behalf of the people of the Stale is contended fqr by the propounders of this bill was r~jected as one of New York, enjoin it upon their Representatives in Congress to exert all their influence and use all reasonable means to obtain a ratification of the following that was .impracticable and impossible by those who advocated the amendme,nts to the SR.id Constitution, in the manner prescribed therein. adoption of the Constitution by the States, in reply to the objections then made that this was the conftrnnce of a power that would prevent Which was a ratification with a ·condition. their ratifying the Constitution. -When I ask you to take that fact in to North Carolina had a similar experience, only the first convention consideration I refer you to the language of Mr. Jay. Without stop in the State of North Carolina rejected the Constitution of the United ping to read it all I will read part of what be said. The State of New States upon this ground, but they were equally emphatic in their ex York in its convention resolved as follows: position of the dangers that lurked i!l th!;; phrase in their apprehension and from the interpretation tnat might be put upon it. Resolved, As the opinion of this committee that nl!>thing in the Constitution The convention met July 21, 1788, and elected Samuel Johnson its now under consideration shall be construed to authorize the Congress to make or alter any regulations in any State respecting the times, places, or manner of president. After much discussion and debate, it was finally- holding elections for Senators or Representatives, unless the Legislature of such Resolved, That a declaratiQn of rights * * * ought to be laid before Con State shall neglect or refuse to make laws or regulations for the purpose, or gress and the convent.ion of the States that shall or may be called for the pur from any circumstance be incapable of maldngthe same, and then only until the pose of amending the said Constitution for their consi'1eration, previous to the Legislature of such State shall make provision in the premises. ratit:cation of the Constitution aforesaid on the part of tbe State of North Caro * " * lina. Hon. l\Ir• .Jay said that, as far as he uwlerljtC\od the ideas of the genthimR.n, he They included proposed amendments to the Constifution, aud promi seemed to have doubts with rerspect to this pR.ragraph nnd feared it might be misconstrued and ct.-sed. .He said that every government was imperfect, un nent among these was the following, which I will read from page 214: le~ :~had.., power of preserving it.self. Suppose that by design or accident the 17. That Congress shall not alter, modify, or interfere in the times, places, or States should neglect to apooint Representatives; certainly there should be manner of Lolding elections for Senators and Uepresenlatives. or either of some constitutional remedy for this evil. The obvious meaning of the para. them, except when the Legislature of any State shall neglect, refuse, or be dis· graph was that, if this neglect should take place, Congress should have power, abled by invasion or rebellion to prescribe the same. by law, to support the Government and prevent the dissolution of the Union. On August 2 l\Ir. Iredell moved that the report be amended to read: !le believed this was the design of the Federal convention. "That this convention having fully deliberated on the Constitution * * t they do therefore, on behalf of the State of N ortb Carolina and the good people This was Mr. Jay, afterwards Chief Justice of the United States. thereof, and by virtue of the authority to them delegated, ratify the said Con· That was his opinion ~ a. jurist, as a lawyer, as a statesman and a pa stitution on the part of this State; and they do at the same time recommend that as early as possible the following amendments to the said 'Jonstitntion may triot, appealing to the convention of his own State not to defer their he proposed for the consideration and adoption of the several States in the ratification of this important instrument, because he believed that the Union, in one of the modes prescribed by the fifth article tllercof." XXII-14 210 CONGRESSIONAL RECORD-SENATE. DECEl\IBER 8, ' Virginia made her ratification in this manner: · . . Mr. President this only illustrates the recklessness that is begotten Thnt Congress shall not alter, modify, or interfere i~ the t~es, places, or by the very fact'that we embark on legislation of this kind, ~oat war manner of holding election for Senators and Representatives, or either of them, with our dual system of government. What do the supervisors care except when the Legislature o~ any State shall neglect, i·efu.;ie, or be disabled by invasion or rebellion to prescribe the same. when you once clothe them witb .authority ~o supervise .elections of Representatives about how they mterfere with the election of State Mr. KENNA. If the Senator will pardon me, I wi.).l state that a moment ago in interrupting him to suggest that. twelve out of the officers? Why are not the States and the people of th.e States en~i~led to some protection from Congress when w~ are seekmg to scrut1m:e, thirteen original States had, as far as the last election may be accepted to watch and control the election of Representatives? They are dis- as indicating that purpose, repudiated this measure, I inadvertently regarded. · substituted Vermont for New Hampshire. The fact therefore is, Ver These ruthless provisions brush aside every consideration of State mont not having been one of the thirteen ~rigi?-~ S?t~, that the.whole safety and of guarding this important function of the people of the ihirteen original States, so far as th~t election Is mdicative of their pur- States. The moment that you speak of the fact that this may inter ....------pose, have repudiated theconstructio~ pla~ed on that clause of the Con fere with the State elections it makes no difference to the advocates of stitution by the framers of the pending bill. this bill; they say, -"The paramount authority of the Constitu~on of the Mr. GRAY. Mr. President, I do not want to detain the Senate ~n United States gives us the right, and the paramount authority ?f the neces.sarily upon this point, but to my ~ind it is exce~dinglypotential laws thatare passed under it giv_esusthe right to disre~ar~ ~he mcon and conclusive that we are here exercIBmg what I think I am now at venience if nothing more, t.o which weputtheStateauthonties;where liberty t.o call a doubtful power, at least, that it excited ~he .gravest we come' in conflict with the State regulations and the State officers, apprehensions in the people of the States when the Constitution was they go down in the progress of the supervisor and his ~inion~ over adopted and those apprehensions had to be quieted by the earnest ad this pathway of tyranny; no regard is to be had for the mtegnty of vocates ~f the ratification of the Constitution. Those great sta~IJ?.~n, State elections." · . whose whole souls, enthusiasm, and minds were intent upon.brmgmg Do you not think that the rights of theStatest.ohoJd elections under about and instituting this great scheDleof government, occupied them their own laws are matters that should concern the Congres.s of the selves in explaining in the way that~ have described what t~ey ~e United States?. If they interfere with your supervision of the election lieved ·was the intention of the convention that framed the Constitution of members of.Congress, you say, take the ~ S~te .election awaJ:-that in putting this clause in it. is about the attitude which you assume in this bill-and bold lt some That was, as I repeat, that the phrase mean~ merely that the F~d- place else. We can not stop to consider the conveniences of ~tate elec - eral Government should exercise this power m order to preserve its tions and the officers who hold them; we turn your boxes upside down, own existence when the States, from neglect or from hostile purpose, no matter whether ballots for governor or judges of your supreme court should fail to make provision fo~ the election of Represen~tives in the are to be deposited therein; we want t? see that they are all ex;nptr, Congress of the United States, and upon tha.t representation and upon that perchance you might drop a vote rn there ~or ~epresentat1ve .m that argument, made over. and ?Ver again in the State .conven~ions, Congress., all along with the assumption of superior virtue, of superior and as a matter of public d1scuss1on all ov~r t~e conn.try m P.ub~c ad capacity, of superior honesty. . . dresses and by the writers upon the Constitution, th1s Constitution of Who is to watch the watchers? I ask agarn. Who is to guaranty ours was adopted. the honesty and the purity of these supervisors when they open ~he It is true that that rule of interpretation is not in the bond. The lan 'boxes that are placed in position by the officers of the s.tate ~ rec~1ve gna"e was left as it was when these fears were aroused, but the good the ballots of its citizens? Their hands are to be placed m the rnterior, faith of the people of the Un,ited States was pledged by these men, their eyes are to scrutinize every corner a~d crevice, but who is to authorized morally and by every high sanction to pledge it, that here guaranty them? Of what clay are they made that they are better after the time should never come when that language should ~e inter than the men appointed by the State? Did you ever look ~t any of preted in tbe mode in which those who feared t~e interpre~tion sup them, those who under the present laws surro1;1Ild our polls as d~puty posed it might be. It was a collateral underta.krn~, as I sa1~l, to t~e marshals? Did you ever come into contact with them or have lll~r bond that could not be enforced in a court of Justice,· I adnnt, but It course with them? If you did, do you believe that they are superior was ~one the less obligatory on the honorable consideration of those in any resnect to the citizens who under the laws of a hundred years who are the equitable parties to it; I mean the States and the General in the States have conducted the elections? Yet the officers who are Government. "' to conduct the State elections under State lawa arc made absolutely It is none the less obligat.ory. upon those who do not require to be subservient. held by bond, none the less obligator! on the people of the United 1\fr. MORGAN. Will the Senator from Delaware allow me to ask States in their interstate relations, obligatory on those who come here liim a question about the bill in that particular? as representatives from sovereign S~a tes l:md se~k to participate iu. legis Mr. GRAY. Certainly. . fa lation that to affect other States m thlB Umon of ours, the highest Mr. MORGAN: Does the bill contain any pr~vision. f?r puni~hin.g moral obligation that can be conceived of; and I appeal with confi a supervisor for corrupting a State ballot box while he IS inspectmg it dence I was going to say, to the conscienc~ of my colleagues upon the to see if there are ballots there ? other 'side to observe this obligation and hold higll out of the reach of Ur. GRAY. Oh, no; not the State ballot box. There are provlsl~ns ambitious supervisors of elections, from whatever State they may come, to punish the supervisors, I think, for violating the laws prescribmg this equity of our constitutional compact. their duties. These supervisors have the power in paragraph 7 of section 7 of the J'ifr. MORGAN. But noHor violating the laws of the State? amendment as well as in the Honse bill- Mr. GRAY. Ob, 110. To require the slatu£ory oath or oaths to be immediately put to any Yoter whose right to vote shail be challenged, and in case the State, Territorial, or Mr HOAR. "Any fraud on the election." local election officers shall neglect or refuse to immediately put such oath or Mr: GRAY. "Any fraud on the election," ~utwhe~you say. "an! oaths e.nd to a.t once pass upon the qualifications of any such challenged per fraud on the election,, it must mean the election provided form this son, then it shall be the duty of th~ chairman of the supervisors, !>r in his ab 1 sence the duty of either of his associates who may be present, to, without delay, bill · "any fraud on the election of a Representative to Congress. ' put such oath or oaths, whereupon the supervisors of election present s?11ll at Oth~rwisc you are clearly outside of the domain of constitutional au- once make a. record of the facts. It shall be the duty of ~ve~ superVlSor of th~~ tow~~ . election to make and keep in his record or return of the reg1stra.t1on m the back of the poll book or list or in some other book a. record of a.11 chnllenged persons Mr. MORGAN. I wish to call the attention of the Senator from and of the challengers. Delaware if be will permit me just a moment in this connection, to Mr.President, there is this difference between this prescription of the fact that the statutes of the United States require the elections for duty and that contained ill the House bill, that the House bill requires electors of President and Vice President of the United States to be the supervisor in this contingency to not only put the oath and make held on the same day with the elections for members of Congr~s ex a record of it but to pass upon the qualification of the voter. In the cept in a few exceptional cases. Sappose tqat when a supervisor of Senate amendment that is left out! and we are to be thanklul for so elections goes to investigate the boxes that contain the votes of St~te much; but they are still to be left at the polls ~ c~m}1engers, and electors he should take a handful of ballots for his sid~ of t~e question when the State officer conceives that the duty which IS imposed upon and deposit them in that box, is there any law to pUn1sh him? Does him by the ln.w of the State does not require an oath. to be ~dminis this proposed statute punish him for any such corrupt act as that? tered and he so decides, then the Senate amendment still reqmres that Mr. GRAY. No. ~ the supervisor shall step up and put that oath and make a record of Mr. MORGAN. If he can do that, why "-3;n he ~ot corrupt every the fact. Then it is the duty of the supervisor, in the eighth para- Presidential election in that way with perfect impumty? l\Ir. . GHAY . .So far as this measureisconcerned t~ere is nothing to graph: . . . To persona.Uy ex.a.mine and mspect, on t.he mornmg of tho day of any election prevent it. at which a. Representative or Delegate in Congress Ls to !Je voted for,. and before Mr. UORGAN. Or 11ny other law of C?ongress. . any ballot shall be deposited by any officer or elector m any box mtended to Mr. GRAY. There is only the restramt of his innate goodness m receive any ballots for any office whatsoever- not doing it. . What docs that mean? "For any office whatsoever"- Mr. MORGAN. And no other law of the United Sta~es. the interior of each and every box whatever ballots it may be intended to de· Mr. GRAY. Not at all. I repeat that there i! in ~lus measure an posit therein, for the purpose of as~ertaining that a.t that time ther~ are no bal lots for any candidate for such ofilce of Representative or Delegate m Congress as.sumption all through, in every line and syllable of it, that the con therein. venience of the State, the laws of the State, the officers of the State, 1890. CONGRESSIONAL RECORD-SENATE." 2lt are matters of no concern, -and they are of no consideration when we perverted to their own use and for partisan ends. Yon can not predict come to establish this great hierarchy of supervisors, with 3. chief su- what will be the consequences or what will be the result of the resent pervisor as the high priest. · ments of another party who feel that they have been aggrieved and Mr. GIBSON. Will the Se"Q.ator from Delaware allow me to make unfairly dealt with and injured by this usurpation of power. a suggestion ~ 1\fr. President, I think that those duties so imposed are going to be . Mr. GRAY. Certainly. productive of confusion, are going to be productive of annoyance, and l\fr. GIBSON. The Senator from Alal:>ama does not mean to inti that they are going to be productive of no good result whatever. We mate that the Constitution or laws compel a State to hold its election can just as well trust the authorities of the States to protect the ballot to elect Presidential electors on the- same day with the elections for box us we can tr.ust the supervisors, who bave to be appointed to these Representative in Congress? · places in the way that I have already commented on, to do the same ~fr. MORGAN. The statutes of the United States require that the thing. election shall be held on Tuesday after the first 1\1onday in Novem- I pass on, omitting some other provisions of the seventh section, to ber.· · the thirteenth paragraph in the seventh section, which readS: · Mr. GIBSON. The Senator does not mean to intimate that that is To give to the court information to assist in preventing fraudulent. naturali constitutional? zations, and to have at all times free access to rooms where naturalization is Mr. MORGAN. I did not· stop to inquire about that. · It is -the being_conducted. practice, though, and it has been too long in existence to be questioned Here we are again; the courts are not to be trusted; the electi~'ll offi now, I suppose. But my point is that no law of the United States ex cers are not to be trusted; the whole scheme is one of distrust of the ists to punish the supervisor of Congressional elections for corrupting a people, distrust of their duly appointed and elected agents, distrust in ballot box while he is to search around through the State ballot boxes our scheme of gov,ernment, an attack upon the integrity of the States, to find Congressional ballots there. Ther~ is no such provision in this degrading· to the States, degrading to the judiciary, imperial in its proposed law nor in any other statute. Again, if the State authori methods and tyrannical ia their execution. What right have we to in ties should indict him for thus corrupt4tg the ballot box containing vade the precincts of a court by these understrappers of the chief super votes for electors of President and Vice President of the United States, visor in order t6 see how the court performs its high function of admit he has the right on his simple appeal addressed to the circuit court of ting to citizenship foreign-born residents of the United Sqites? the United States to transfer the cause into the Federal courts, and if Why should w:e believe that these supervisors can add anything of the State does notappearthere eo nomine, appear as a State, to prosecute protection to that process? Why should we believe that they can in him, th01e is a nolle pros. crease the safeguards that surround that process of making citizens? The man who holds to-dav the office of chief commissioner of elections Are they not partisans? Do yon not believe that their official conduct or supervisor of elections in Alabama is a man who committed a murder will be swayed and biased by their partisan faith? Is not that your and was indicted in a State court. He killed a man who was charged ·experience of human nature? There is no passio_n that can take pos with making moonshine whisky, as I am informed, and he was in session of the hum~ brew;t so strong, so baleful so~etimes in its in dicted in a State court aild the case was transferred to the circ-g.it court fluence, as party epirit. We all recognize it. The Father of this coun of the United States, and because t_he State could not afford to pros try made it the theme of his anxious and prayerful invocation uponre ecute him in the Federal court it was nolle prossed and he went off scot tirement from office to his fellow-citizens that they should seek by all free. _ means in their power to allay party spirit in the co'untry, -to resist its Mr. HOAR. I do not like to interrupt the Senator from Delawa're, demoralizing effect, and tq avoid evoking it on every possible occasion. but I should like to call.the attention of the Senator from Alabama to Now, we recognize it. We recognize the fact that the honest man the enumeration of the offenses in the amendment of the committ-ee may become the strong man bound whe~ party spirit takes posse..c;sion for which officers of election are to be punishable. of his souL It invades the brain. It insinuates its presence under SEC. 36. Every officer of an election nt which a Representative or Deleg-ate neath the ermine. We can not avoid it. We should seek to diminish in Congr.css is to be voted for, whether such officer of election be appointed or the ,opportunities for its exercise, and not to increase them. We know created by or under any law or authority of the United States or by or under any State, Ten-itory, or municipal law or au.thoi·ity, who shall do either or any it; we recognize it in ourselves. The very _children of the streets~ the of the following-mentioned acts, or shall attempt so to do, or shall aid, counsel, men, the women who have no votes, in an election time are carried procure, or advise any voter or other person to so do, or attempt so to do, shall, away with the spirit of party. They do not reason. Men do not rea upon conviction, be subject.to a fine of not more than $1,000 or illiprisonmout for not more than three years, or both. son; they are not under the sway and dominion of their intelligence .. "' I{! '• ~, * ' * and their intellects in the same degree and in the same fashion as they Seventh• . Who shall fraudulently change, substitute, deface, injure, destroy, are on other occasions in life. or alter the ballot of any elector or susstitute one such ballot for another, or Good men, and good women, too, we all know, do the most absurd shall intentionally practice any fraud upon any elector, '.or fcaudul~ntly change, substitute, or alter any ballot deposited in any box, whether the same ·ue then things, subscribe to the most absurd (loctrines of party, are willing to being canvassed or :whether it. shall not have yet been canvassed, or who shall adopt extreme methods, and believe that fraud is all on one side. We fraudulently remoVfe from or.add to any such box any ballot or semblance thereof, all do that or pretend to do it in high party times. The Democmts be who shall steal, willfully destroy, mutilate, deface, falsify, or fraudulently re move m:. ~ecrete any record, register of votes or copy thereof, any oath, return lieve that the Republicans are cheating them out of rights and the Re· of votes: statement and certificate of the canvass 01· poll list or any paper·, docu publicans I expect believti that the Democrats will do the same thing. ment, or evidence of any description relating, to the election of a Representa So we go pellmell. Well, we sllrvi ve this thing somehow or other. There tive or Delegate in Congress, or -shall steal or willfully break or destroy any ballot box used or intended to be used at such el~etlon, or shall wm(u!ly or is a Providence over freedom and free institutions that brings us out in fraudulently conceal, secrete, or remove any such box from the custody of the the end all right; but no man seeks to keep up election excitement in , inspectors of election or other lawful custodians thereof. the interval between the times of holding the elections. It is not for Mr. MORGAN. That of course relates to Federal elEictions and not the interest of the country that we should do so. On the contrary we to State elections. · should seek to avoid it.. Much less is it wise to seek to invade the Mr. HOAR The States provide for State efoctions by St..'tte l:tw. courts with this fell spirit. Yet this bill all through drags the court Mr. GIBSON. What I desire to call the·attention of the Senator to into that arena and keeps up tbe excitement ·before the election and is that section 2 of Article II of the Constitution provides that " each after the election. ,State shall appoint, in such manner as the Legislature thereof may di Mr. President, that is no.t wise; it is not right. I do not want to rect, a number of electors, eqnal·to the whole number of Senators and see men- on the bench of the Democratic faith tempteJ as this bill Representatives to which the State may be entitled in the Congress." would tempt those of the opposite faith. I do not want to see them I do not understand that it is obligatory·upon tbe States to bold a called upon to exercise duties that are political, for just as I believe popular election for Presidential electors, anci I suppose that if this that those of the Republican faith will act I believe that those of__ the bill passes a great many States in the Union will not hold popular Democratic faith will be influenced by their political bias. elections for Presidential electors. That is the point I made. No, 1\fr. President, we do not need to fan the flames of party spirit. _ Mr. GRAY. Of course where we seek by these abnormal methods They already burn fiercely enough. We can trusit the people. With -. and in this partisan fashion to accomplish partisan ends we only pro a party on one side and the other, with the feeling on one side and the duce confusion and provoke resistance in every mode in which it can other, interested one way and the other, they serve as counterpoises be made. You drive States which are controlled by one political party to each other, that in the end will get out a true result:_ nut that is to meet you by resortin~ to' every device under the Constitution, and the system of all free governments. We must go through it, and we that no doubt will. be one of them. · It will be _very much to be de- do not wish to depart from it, if I understand the feeling of the Amer- plored. if it should be resorted to by the States. · ican people., . Mr. GIBSON. T11e Senator from Delaware knows that for many Now the candidates for naturalization are before the court and you years in the earlier history of the Government the States did notchoose surround the court with these supervis6rs, as many as the cliief super electors by popular vote. · visor chooses to send there. Yon follow the candidate up to the clerk's Mr. GRAY. I know that fact, but at the same time I think the'pres desk when he takes the oath. You look over bis shoulder. You ex ent situation is much better in that regard. amine his >oucher. They are.all men of one political faith, sentthere Mr. GIBSON. Of course it is. precisely as the agents of the .Political committees are sent there, and Mr. GRAY. I do no-t want to see popular elections disturbed; but actuated by the same motives. We all know tb,;:i.t in conducting a you can not tell what is going to be the result when yon once embark campaign the State committees have a subcommittee on naturalization, upon this contest, arraying one party armed with the powers of Jaws who look out for. the men who they think will vote their ticket, and I 212 CONGRESSIONAL RECORD-SENATE. DEOEl\IBER 8, they aiq them to get their naturalization papers. These zealous par for what? To perpetuate a party in power; a base and ignoble pur- tisans in the cities go up to the courts and see the men through the pose it is. . process. Here you are paying men out of the Treasury of the United Mr. MORGAN. Will the Senator allow me to interrupt him? States to do this in the interest of one political party. That ought not Mr. GRAY. Certainly. to~ . Mr. :!\10RGAN. Does the Senator from Delaware understand that Then, what right have you to provide that these super\risors shall be after this bill has become a law no certificate issued by State authority all-pervading? There is nothing that is sacred from their touch. They for the election of a member of the House of Representatives, issued can go everywhere, into the houses of citizens, into the courts of jus under the laws of a State, will have any validity? tice, look over your sho:nlderwhen you deposit your ballot, and watch Mr. GRAY. I do. . the courts while they are performing their judicial functions, and they Mr. MORGAN. Well, can theCongressoftheUnited Statesimpose have at all times free access to rooms where naturalization is being upon the House of Representatives, which is the judge of the elections conducted. Courts can ordinarily prescribe rules so far as is necessary of its own members, the duty of rejecting a certificate that might be to preserve order. They can not here. Here are rights paramount to brought from t.be State of Alabama under its laws, and prevent its the rights of the court. They are subordinate to the jurisdiction of accepting that certificate? these supervisors. I say that is a degrading, unwise section, and one Mr. GRAY. Of course it can not. But, Mr. President, the Senator that it seems to me is bound to produce trouble. from Alabama has not considered the potency of this bill for mischief I will nsk the attention of the Senate, passing over a good many in this, that those who take the certificates of these boards of canvass other provisions that I have marked, and all of which would be fruit ers constitute in the first place the House of Representatives who shall ful of di8cussion, and will be before this debate is over, to the consti pass upon the elections, returns, and qualifications of its own members. tution of what is called a board of canvass in section 14. Here is what Mr. MORGAN. It is a House, then, manufactured by law. is said to be by some of the advocates of the bill the very kernel of the Mr. GR.AY. .A House manufactured by law to pass upon the elec whole scheme. I believe the President of the United States thinks the tions, returns, and qualifications of its members. Itseems to me that very keystone of the arch that is to support this matter of Federal con those who, led away by the prospect of party advantage, vote for this trol of elections is the board of canvass that is to certify the result. bill will repent in bitterness and in tears that they ever gained their Section 14 provides that- own consent to thus debase the principles of American constitutional 'Vhenever application shall have been made a.s provided in this act for super government as supported and maintained by this great union of States. vision and scrutiny of an election in an entire Congressional district or a. city, There is another strange omission in this section describing the county, or parish including an entire Congressional district, the court having powers of the board of canvass, to determine precisely what its powers _jurisdiction as hereinbefore provided shall, for the State within which said Con gressional district lies, appoint three persons of good standing and repute- are. Do you not think if we are to have this bill we ought to know just what they are to do? Do you not think we ought to have a de That is the first time that any qualifications ha~e been prescribed scription of their powers as we should have done if the bill had ema by law for the appointees under this bill except in the one particular nated from the pen of the -distinguished chairman of the Committee of requiring a "discreet" person to visit the house of a citizen. But on Privileges and Elections? Do we not want to know wheth~r those these men are required to be of "good standing and repute"- duties are to b~ judicial or ministerial? Can they pass upon the re Citizens of the United States and citizens and residents of the State for which turns that are made to them, not by the State officers, but by super they shall be appointed who shall be known as the United States board of can visors, mind you, and reject some and receive others, or are they to be vassers of the Congressional vote within and for the State for which they shall be appointed· one of said three persons shall when appointed be named as mere arithmetical machine$ to tabulate aQd add the results and declare chairman of the board. Such persons shall be sworn to the faithful perform who is elected? This bill does not say. ance of their duty and to support and defend the Constitution of the United There is a new source of confusion, of doubt; new occasions in the States. They shall each hold their oftlce for two yea.rs, or until their successors are appointed and qualified, and not more than two of them shall belong to the future for contest and litigation and excitement. What are the powers same political party; they shall each receive a. salary of Sl5 a day for each day of this board of canvass? You may get respectable s.nd reputable cit actually employed in the work of canvassing the statements and certificates of izens to fill it and you may not. You may get heady partisans or you ballots cast at any election, general or special, for a Representative or Delegate in Congress, and a further sum of S5 per day for their personal expenses. They may get cool and collected and judicial-minded men. You may get shall have a. seal and may appoint a. clerk, who shall receive Sl2 a day for his honest men and you may get corrupt and evil men. services and expenses while actually in attendance upon said boa.rd. As a board Suppose you have a board that shall attempt ~o go outside of the minis it shall be the duty of such appointees of the said circuit court to convene on the 15th day of November of ea.ch even year, unless the same shall fall upon terial duty of collecting, aggregating, and tabulating the results received Sunday, when they shall convene on the following day, and to give public by the supervisors and say "We do not agree with the result; we will notice of the place and hour of their meeting. In case of a. special election they throw out this precinct and that on this pretext and that," it does shall convene one week from the day of such special election. They shall so c6nvene at such place in their State as shall be most convenient fol! them, which not matter,_and thus arrive at ares"dttdi:fferentfrom thatwhich would place must, however, be a placa where a. term of the circuit court of the United have been arrived at by including them all in the calculation; what States is by law regularly held, and there proceed to finally canvass and tabu are you going to do about it? Are you going to tolerate a practice like late the votes which shall have been stated and certified as cast for Represent ative or Delegate in Congress in each Congressional district in their State in that? Well, there is room in this section to raise more than a doubt and throughout which the election shall have been scrutinized under the pro whether that power is not conferred upon this boo.rd of canvass in this visions of this act, and not elsewhere, and shall declare and certify the result bill. Listen: of the election thereof in each such district. The determination arrived at and stated in the declarations and certificates ol There we have it. The governor of the State is not, the Legislature any such United States board of canvassers shall, as to each such Congressional district, be a.t once made public, and the declaration and certificate for each of the State is not, no officer of the State, however high, is considered Cong-ressional district shall be made in quadruplicate, be signed by each mem fit by this act to say anything in regard to the election of those who ber oft.he board, and have affixed thereto the seal of said board. have been chosen to represent the State in the Congress provided for And it provides that one shall be sent to the clerk of the court, one to under a. Constitution; all are utterly superseded. Why? What gov the Clerk of. the House of Representatives, and one to the Secretary of ernor of any sovereign S.tate in-this Union has in all our history of it so disregarded his high duties as to bring not only himself, but the State. What I want to call attention to is this language: The determination arrived a.t and stated in the declarations and certificates governors of all other States, under the suspicion that this act brings of any such United States board of canvassers shall, as to each such Congres them, that they will fraudulently certify a result? Why are they so sional district, be at once made public, and the declaration- maliuned? Why is the choice of the people, the choice of-the people It may be only the fact that two and two make four when they are of a ~bole State, to be set aside and made of no account in the pres added together. That may·be thedeterminatiou of the board; orthere ence of a supervisor appointed for life and a board of canvass appointed is ground for a very plausible argument that the language means that 1>Y a circuit judge? When did the people of the States lose the ca they ma.y go beyond that; "We say that two and two make four, but pacity to choose an honest governor to represent the sovereignty of the we will not count one of the twos at all." Does it mean that? I do State and their own manhood and the civic virtue. to not know. I am inclined to think that it does. Mr. President, could anything be more degrading the Common What do you mean by the "determination?" It does not say "de wealths that constitute this great Union of ours? Why are they to be clare the result." It says" the determination arrived ~t" by the board subjected to this insult? Why are they to have put upon them the of canvassers. Here is another place further on which supports the stigma, the ban of dishonesty and corruption and evil intent without view I have taken of it: even a precedent action on the part of any one of them to justify it or Jn c11.~e no person be found duly elected in any district a certificate or th11ot sanction it? I do not know. It seems to me the very wantonness of factshnll be made by said board in quadruplicate, under their hands and sea.ls, power and of arbitrary power, the very midsummer madness of parti and forwarded as follows: One to the goyernor o( the State, another to the sanship, when :we seek thus . to degrade the States that make the Clerk of the House or Representatives, the third to the proper chief supervipor Union, and without which, of course, the Union would be valueless of elections, the fourth to the Secretary of State, at 'Vashington. and could not exist. What does that mean? "In case no person be found duly elected." You can not afford to degrade the States of this Union. They are How is there going to be a case where there shall be no person found the pillars that uphold the architrave and superstrucfure of this Gen duly elected? Can anybody tell me? "In case no person be found eral Government of ours. You can not diminish their strength nor duly elected." Oh, this may not be a matter of much concern to the deface the beauty oi the capital that surmounts them without dimin majority in this Chamber, but I think it ~ill concern the American ishing the strength and defacing the beauty"ofthe whole edifice. It peoole if this bill should, on some Black Friday, be passed. seems to me a sacrilege to do as we are invited to do in this bill, and ~Ir. President, I ask in all seriousness, as one who has ~ed to un- 1890. CONGRESSIONAL RECORD-SENATE. 213 derstand this bill in the few days that it has been before the Senate, out in open day and let us know just what it is you propose, so that what is meant if the board is not clothed with judicial power? we.may at least be removed from the dangers that always lurk in un In case no person be found duly elected in any district a certificate of that certainty and dubiety in regard to the statutory law. fact shall be made by said board in quadruplica.te1 under their hands and seals, Mr. President, there are other provisions in this bill which wHl and forwarded as follows: One to the goverµor ox the State, etc. cause more animadversion. The deputy marshals, who under the;present You recognize the States so far as~ t_ell them what their determina law can only be appointed by the marshals in cities of over 20,000 in tion is, but what does that mean unless it means that there is some habitants, are now to be spread over the face of the whole country. power lodged in this board of canvass of a judicial nature, and not Every voting precinct in the United States, from ocean to ocean and merely a ministerial power of aggregating and tabulating returns? from the Lakes to the Gulf, is to be guarded by deputy marshals. Just Mr. EVARTS. Will the Senator allow me to say wbatitmeans? think of the paraphernalia! We have the State authorities, we have Mr. GRAY. Certainly. election judges, and we have the inspectors, and now we have the Mr. EVARTS. It means what is meant by the provision in the laws troops of marshals that are to be unlimited in number. Yon can have of all the States of this Union on the subject. as many marshals marched into a district as there are voters. Mr. GRAY. . I am sorry the Senator from New York bas not con Ob, what a convenience in working the ''blocks-of-five" system to sidered that he could enlighten me with some lesa curt phrase than the have the marshals all of one political party, mind you, every one of one he has seen fit to employ; bnt,-with all due respect to him, I am them. No provision bas been made, and none that you can make can as much in the dark as ever. avoid that being the result, and with their marshal's badge upon them Mr. EVARTS. "Determination" here means·exactly what it ordi and armed with the marshal's baton, or armed with a death-dealin~ narily means, determination; and, when there is a tie -vote and nobody revolver, if you please, he can do w bat he pleases. There is nothing in elected, a certificate to that effect is the result of the canvass. tbis bill to prevent him from electioneering• . We know they do it. Mr. GRAY. '!'his does not say "when there is a tie vote," but it They can. take charge of and head the little '• b1ocks of five,'' and they leaves it to a board of canvass to say whether there is no election. . Then can march them to the polls, all in the interest of one party, whichever let us put that in, that in case of a tie vote they shall do this. Does party happens to be in the ascendency, Democratic or Republican. That it mean-and I ask the question of the lawyers of this· body in all is not right. There are troubles enough about elections that spontane seriousness-or does it not mean to confer power upon this board that ously come up and are inseparable from the conduct of free elections, it may for some reasons that seem good to it declare that there has been without importing by law and creating by law troubles like these. It is no election; that there has been violence at this poll, tumult, some not consistent with our ideas of fairness and ordinary fair play. thing that will destroy the record, so that they may declare that no 1\Ir. EDMUNDS. I see the statutes of Delaware, which I have be one is elected ? • fore me, do very much the same thing in a great many ways, and in What is the Honse of Representatives going to do in that case? Has some considerable ways further. the function of the Honse to pass upon the qualifications, returns, and Mr. GRAY. Let the States do it, because it belongs to them to do elections of its own members been superseded? Suppose when "no it by their inherent sovereignty from the time tµe Union commenced. election" is returned that some gentleman comes here from my State, Mr. EDMUNDS. That presents another question. or the State of the SenatOr from New York, and says: "Here, I want Mr. GRAY. r know it presenU:! another question, and that ques to show the evidence to the House that I have been elected notwith tion and a good many others will be argued in this case before we get standing this return, and I want to be put on the rolls.' 7 What is going through with the debate.· to be the result then ? · 1\Ir. EDMUNDS. If the Senator will pardon me a moment fur Mr~ EVARTS. The House will find that he is either tllected or not ther-- elected. Mr. GRAY. Certainlv. 1\Ir. GRAY. Then I ask what is the object of introducing this con Mr. EDMUNDS. He~is arguing now the question of the inherent fusing provision in the bill and throwing a doubt all over it as to what danger of providing that this board of canvassers, or whatever you call the powers of this board of canvass really are. them, ehall have the power to say that no election has taken place, 1\Ir. FAULKNER. With regard totbequestionjustbeingdiscussed and be thinks the language is too vague, etc., and that nobody is by the Senator from Delaware, as to whether or notthisisatall a judi elected. I find that the statutes of Delaware and I know that the cial action of the board, I ask him, if it is not j ndicialinstead of being statutes of Vermont make provisions which seem to me perfectly merely ministerial, why is itthat this bill gives this poard the power to analogous, and as regards Delaware and very likely Vermont, in some consider all the accompanying papers, which accompanying papers in other aspects of the same question, go even further. But that is not clude any statement authorized by the chief supervisor to bemade by the on the pcint which authority ought to do it, but it is on the question supervisor of elections? Any statement returned by them as to the of the danger of in trusting to anybody to determine whether a major character and the conduct of the election at the polls in any precinct ity of the people who are entitled to vote have voted for a particular this bill requires shall be considered by this returning bpard. _Conse man. If you leave every voter to decide which way the majority is, quently it is not a tabulation of the returns as certified even by the su then the voters will disagree and you will have chaos, and that is per pervisors, but a judicial exercise of discretion based upon all the state haps what is desired by some. I do not desire it. ments and accompanying papers provided for by the statute. Mr. GRAY. I beg pardon of the Senator from Vermont unless he Mr. GRAY. Undoubtedly the view presented by the Senator from begs mine, because I thought he was referring to the matter of the mar West Virginia supports the one I have just been taking, as to the powers shals when he interrupted me. Ihadpassedoverthepointofthe board conferred by this amendment to the bill upon the board of canvass. of canvassers. I should like him to read thatprovision in the statutes To what end is anything but the actual number of votes cast for each of Delaware-although it is not pertinent to my argument-that gives candidate returned to the board of canvass unless they are to be con any judicial power to the board of canvassers. sidered matters that, may affect the integrity of those returns? What Mr. E.D!t.1UNDS. I do not know of any such statute and I do not boots it that they have sent up to them the remarks of the supervisors know of anything in this bill that gives any judicial power to any and the statements made by them in tegard to challenged voters and body except to the judicial courts. voters whose ballots have not been accepted, and all that, unless this Mr. GRAY. Then I misunderstood theSenatorfrom Vermontwhen board is invested with the power to consider votes that have not been he said that there was in my own State, as well as in his State, a pro counted? vision just precisely such as I was criticising, and I should be very glad Suppose the board of canvass assembles, and among these returns we if be would read it. :find from the supervisor that 285 votes were cast for A B and 300 votes Mr. EDMUNDS. I will when my time comes. were cast for C D. Along with it comes a statement of the poll book Mr. GRAY. The Senator from Vermont says he will read it. Let of the supervisors, among other miscellaneous papers that come to the me tell him something that happened in my own State. The boards board, that there were 35 votes rejected by the inspectors of election, of canva.ss are county boards. There are no State boards. The county having been challenged and against the protest of the supervisors. boards meet, and they are composed of the presiding judges of the dif· What is going to be done about that? Has this board theright to count ferent election precincts, and they meet on the Thursday after the elec them or has it not? It is important that we should know. It is im tion in the county town of the county and they proceed then to aggre portant that this board of canvass, when it comes to exercise these im gate the votes from the different precincts and ascertain the result. portant functions should know, and that the citizens of the States The county board of canvass of my county at the last election waa should know just what the provisions of this Jaw are and what the Democratic by a very large majority, but the aggregation of the votes powers of this board are to be. · cast showed a small Republican majority in the . county. It was as Mr. GIBSON. I suggest, if the Senator from Delaware will allow serted an over that county by citizens of the Democratic persuasion, me, that the power conferred in that section referred to may be upon by very respectable men, notwithstanding they were of that persua the idea that thirty-odd years ago there was intimidation in soine of sion-I will say that for the benefit of the Senator from Vermont-and these districU:!, perhaps in the southern part of the country, and the believed with that earnestness that always comes in high political board of canvassers may be able to disfranchise certain .districts and times and which I alluded to just now, that there had been great frauds the people livinp: there. by which the Democrats had been cheated out of the election. .Mr. GRAY. Very possibly, Mr. President. If we are to have a There wa.s a proposal to have this boa.rq of canvassers throw out cer measure such as I and a great many other people consider one of arbi tain precincts where very flagrant frauds had been committed in their trary character, we had better have it in certain phrase. Let it come opinion and they were very anxious to do it, but Democratic lawyers 214 CONGRESSIONAL RECORD-· SENATE. DECEMBER 8, united, attherequestof certain Republican lawyers, in an opinion, and when interrupted by the .Senator from Vermont. There is force all signed their names to it, that under the law there was nothing but the through this bill It is the prominent and salient feature, and the ministerial duty of aggregating the votes and ascertaining the mathe· people, with that fustinct that rarely fails them, have dubbed it ''the matical result, and no judicial duties whatever. force bill," and so it is known throughout the length and breadth of Mr. EDMUNDS. I wish there were more such all over the country. this country, and will never have any other popular title than that. Mr. GRAY. I can say for the fairness of the citizenship of the State With marshals at the ;polls, men who are sent there to exercise in un of Delaware that the RepubliC!l.lls and the Democrats united in that limited n~bers the power to ·arrest any citizen who is about to de regard, that there might be no strife and no confusion and no difference posit bis vote who in their opinion is about to violate the law. Is that of interpretation in regard to so important a matter as tpat. right? · My criticism is not whether it be there or not, but this bill leaves it The Senator from New York [Mr. EVARTS] goes up to the polls on doubtful as to whether the duties are purely ministerial or not. election day_to perform this great duty of citizenship, to deposit his Mr. ED~1UNDS. If it does leave it doubtful it ought to bo cor· ballot, and some unscrupulous deputy marshal, inspired by rum and rected, undoubtedly, but I am not able to see that it does. politics, puts bis hand upon his shoulder and says: "I arrest you be· Mr. GRAY. The Senator from Vermont and I. agree then, and I cause I · believe you are voting illegally; you are voting.in the wrong think we generally, or I hope at least we g«;nerally, agree about a precinct; you are voting without due qualifications; you are not prop· matter we both fairly understand regarding a question of propriety in erly registered, or," if you are in some States, "you have not paid the the conduct of elections or conducting this great scheme of popular lawful tax; I arrest you," and he takes him before a United States government. . I have a _doubt about it. I do not know whether the commissioner or shuts him up l.n a cell. . That is this law. Is that Senator was here when I was ~akingmy poor argument to show there consistent with the freedom of elections, that any number of tb'ese was a doubt-- · _ marshals, all of one political party, shall have the power to arrest those Mr. EDMUNDS. It was very powerful, but more ingenious than of a different political faith? for we have never known one of them to do sountl. . , · otherwise than arrest the men they were appointed to arrest; that is, ·Mr. GRA. Y. I called attention to the language: men of opposite political faith from themselves. The determfoation arrived at oy the board in tha declaration an Mr. President, that destroys, as my friend from Alabama [Mr. MOR used in that clause at all, although it says ''make or alter such regu GAN] says, the nry essence of the scheme known ns the Australian lations.'' I mean it is not antecedently used. The language is that the ballot, the secret ballot, and the protection that is sought to be thrown State Legislatures shall prescribe, but the Congress may make or alter around it by law. such regulations. Well, to alter regulations presupposes regulations Mr. GIBSON. Just there, if the Senator from Delaware will allow already made and that a,,re to be altered. Regulations that are made me, to show the manner in which this was regarded in England, I will must be made complete. They must fill the whole bill. There can read, with his permission, from chapter 8, {)age 178, in Blackstone, not be and ought not to be any copartnership in the exercise of these with regard to the proceedings at elections: powers by the States and by the Congress of the Federal Goveuiment And as it is essential to the very being of Parliament that elections should be under a law of Congress. · absolutely free. therefore all undue influences upon the electors are illegal and If Congress wants to occupy the ground under the glause ''to make,'' strongly prohibited; for Mr. Locke ranks it among those breaches of trust in the executive magistrate which according to his notions, amount to a dissolu let it make a complete regulation, but not seek to harry the State offi tion of the government, "if he1 employs the force, treasure, and offices of the cers in the performance of their duties, impose penalties upon them for society, to corrupt the representatives, or openly to pre-enga.ge the electors, and a violation of the laws ofthe States, seek to supervise and watch and prescribe what manner of persons shall be chosen. For, thus to regulate can didates and electors, and new-model the ways of election, what is it," says he, control their manner of performing that duty; but that argument I do "but to cut up the government by the roots and ·poison the very fountain of not wish to pursue now at this late hour to the weariness of the Sen public security?" ate or to trespass longer upon the time, reserving the right hereafter, As soon, therefore, as the time and place of election, either in counties or bor· oughs, are fixed, all soldiers quartered in the place are to remove, at least one if it shall be necessary, to present my own views in regard to that large day before the election, to the distance of 2 miles or more, and not to return question. · till one day aner the poll is ended. Riots likewise have been frequently deter· But there is another question, narrower than that, in regard to some mined to make an election void. By vote also of the House of Commons to whom alone belongs the power of determining contested elections, no-lord of of the features in this bill. I want to call attention now to that gen Parliament or lord-lieutenant of a county, hath any right to intertere in the eral provision of the bill which provides that it shall take effect and election of commoners; and, by statute, the lord warden of the Cinque Ports become operative upon the petition of one hundred citizens in certain shall not recommend o.ny members there. If any officer of excise, customs, stamps, or certain other branches of the revenue presume to intermeddle in cases and of fifty citizens in another. Let me read that provision. It' elections, by persuading any voter or dissuading him, he forfeits £100 and is is in the bill as it came from the House and is retained in the amend disabled to hold any office. ment that comes from the Senate committee. This law shall go into Thus are the electors of one branch of the le11:islature secured from any undue influence from either of the other two and from o.11 external violence and com effect-that is, an election shall, be supervised-under these circum pulsion. stances. .An election shall be supervised under these circumstances Dr. LiebersaysinhisworkonCivilI... iberty, which, as iswell known, whenever the chief supervisor-- is approved by Dr. Theodore D. Woolsey: Mr. HOAR. Will the Senator give the number of the section? ].fr. GR.AY. On the very second page of the amendment, sect.ion 2. It is especially necessary that the army be in abeyance, as it were, with refer ence to all subjects and movements arpertaining to the question at issue. The Mr. HO.AR. I know where it is myself. English 11\W requires the removal o the garrison from every place where a Mr. GR.AY. Section 2. I have not the official copy with the lines common election for Parliament ia going on. Much more necessary.is the total numbered, but read from the pamphlet copy: neutrality of the army in an election of the sort of which we now treat. Whenever the chief supervisor of elections for the judicial district in which Mr. GRAY. Mr. President, going somewhat rapidly, notwithstand such Congressional district or such entite city or town having 20,000inhabitants ing the length of time I have occupied by the indulgence of the Sen or over Is situated shall have received from such Congressional district, city, or town an application or applications from one hundred persons claiming to be ate, overt.he provisions of this bill, and not having discussed or called citizens of the United States and .residents and qualified voters in the city or attention to all that I had hoped to notice, I will merely content my town or in the Congressional district above mentioned, or whenever he shall self in the review that I have made of its provisions by alluding to the receive from such parish, county, city, town. or precinct ·in any Congressional district an application or applications from fifty persons claiming to be citizens fact that there is another earmark of partisanship in this bi11, in that, of the United States, and residents and qualified voters in such parish, city, instead of leaving the appointment of deputy marshals entirely to the county, town, or election precinct, petitioning- marshal, whoenr he may be, of the different districts where the law at present leaves it in cities of 20,000, so that when there happetrs to ! tlo not think the Senator from Massachusetts would make a verb be a marshal who is a Republican, a Prohibitionist, or Democrat, or a out of the noun "petition"- Farmers' .Alliance man, or what not, he might appoint men of his own petitioning him to take such action as may be requisite to secure such super political faith, or at least not make them all Republicans, this bill vision therein as is provided by the laws of the United States. provides that the appointment of deputy marshals hereafter shall be And so on. controlled by the chief supervisor. Then this machinery is set in motion, then this law is made opera Now, what object can there be except that this chief supervisor, tive when one hundred persons claiming to be citizens of the United whose appointment for life secures a perpetual succession of appointees States and of the State, city, or town shall make this application in of one political faith, shall keep the deputy marshals from ever one case, or fifty persons claiming to be citizens of the United States and falling into the hands of those opposed to the political faith of the su citizens and residents of the county, city, or town in the other. pervisors now in office and who are to be perpetuated in the way I have I pause here to note the absurdity of th~ provision in this, that the spoken of? chiefsupervisor is not even required to ascertain that they are what they Why, Mr. President, when weaccumulate all these evidences of the claim to be, so that he would be bound, if fifty men in the State of New purpose of this bill it ought to sink under the load of its own ~iquity. Hampshire, living just over the line, but who "claim" to be citizens It is outrageous. It is almost a crime, it seems to me, to attempt for of Vermont should make a petition to the chief supervisor of that State, the first time in our history to induct into the administration of our to set this great machinery of elections in motion; there is no obligation Government a partisan administration such as is described and provided imposed upon him to ascertain that the fact claimed is true. It migb t have for in this bill. said ''upon the petition of fifty citizens of the United States and of the The bill itself, Mr. President, is, to say the very least of it, a stretch State and residents of the city or town," and in that case upon his own of the power conferred by the Constitution upon Congress. In my opin responsibility he would have had to make that ascertainment and ion it is mnch more than that. I think the bill in its framework and bring his mind to believe that the statement was true. in the coaception that is taken hy its framers. of -the power in the Con Ilere the obligation is upon him whenever the petition is proffered stitution is altogether outside the warrant of that instrument. The by persons "claiming" to have these qualifications. I do not think any power prescribed in Congress to make or alter the State regulations in member of this body could have drawn any such bill as that. I think regard to elections as to time, place, and manner surely is not a con it might have come from one of these high and mighty chief super ference of omnipotent power. visors who are so careless about all these matters of diction and phrase It does not embrace all the power over elections. It is a guarded ology and only keep the main end in view. But this last provision ot phrase. The States are the primary depository of this power. It is the bill goes on to provide that not until these one hundred persons or the States that are to be represented. The people of the States, says these fi.Jty person& have made known their will in this regard shall the Constitution, shall choose their Representatives to the Congress of this law be operative, and then only be operative in the district in which the United States; and in this clause the Constitution says the States they claim to be residents and citizens and for which they 11 petition," shall prescribe the time, place, and manner of holding election for Rep as the act says, that the law shall be made effective: resentatives, but the Congress may make or alter such regulations. Now, it is obnoxious to that fundamental principle of law and in· Now, how easy it would have been, if the framers of that instrument terpretation that a legislative power in the American system of gov had intended, as some of them said they did not intend, to give a ple ernment must be exercised comple~ly by the constitutional depositary nary power to Congress over elections in the States for Representatives, of that legislative power, whether it be a State or Federal legislature. to say so by apt and appropriate language. But, Mr. President, it is a The people have conferred all legislative power by the Constitution of very significant thing, and al ways is significant, where there is nothing the United States on the Congress of the United States, consisting of to prevent the use of direct and perfectly appropriate language to express a Senate and House of Representatives; and the Congress of the United a thought, that it is not used. It would have been very ea.qy to say that States can not delegate that power to all the people, much less can it "Congress may, when it sees fit;provide for and control the elections, delegate it to any specified number of the people. It can not delegate etc., of Representatives in the States," bnt instead of that the dubious it to the citizens of a State or a majority of the citizens of a State, phrase was left that they ''may make or alter such regulations.'' mnch less cnn it delegate it to one hundred citizens of a State or fifty The word ''regulations," the noun, or the verb, "regulate," is not citizens of a State. · I tis not the legislative will. It is the will of these CONGRESSIONAL RECORD-SENATE. 217 designated persons that is interposed between the enactment of the law and when they do it is operative just in the districts that they petition and its going into effect. for and nowhere else. It is operative when they choose, when they will ·I admit that laws may be passed which are to take effect and be that it shall be operative, and not otherwise. No such law as that can come operative upon a contingency, upon the happening of an event ever find a place upon the statute books, in my opinion, and be sus· that is ascertainable, but it can not be made to depend upon the will tained by the courts of the country. of one individual or fifty individuals. We enact a law for the super Mr. President, if this were ever so constitutional a law, if its provis· vision of elections, and we say that it shall not be a law, it shall not ions did not o.t every point infract the fundamental principles of the be operative until A B says he thinks it ought to be, for it is just as Constituticn, still it would be inexpedient and impolitic to pass it. It competent to prescribe in this bill that it shall take eftect upon the is not every power of government that ought to be exercised in all its will of one person as of fifty. So we might haveit that this law shall plenitude and in all its amplitude. We have the power to tax, but it not take effect unless the chairman Of the Republican State committee is statesmanship to proceed with caution and make limitations upon of a particular State or of any State shall say that it ought to be the the laws that create taxatiQn. We have the power to make war, but law. it is statesmanship and it is prudence and caution and wisdom that It is just as competent to do that as to provide that fifty persons prevent our making war for an unjust cause and ruthlessly and wan· claiming to be citizens of the State shall do it. You are interposing tonly invading a neighboring state. the will of those fifty persons cir of those one hundred persons between So this power, which has remained inoperative for so many years, the passage of the law, the will of the legislative body, and its final never meant to be used, if we can trust the contemporaneous history operative effect, and that you can not do. The operative force and of the formation of the Constitution, upon occasions of this kind, is energy of the enactment must depend upon the will of the Legislature, now suggested to be thrust into the States for the purpose or curing and not upon that of some other person or body of persons. The force evils which will only be aggravated by it, ns I think can be demon· and efficiency of the law must reach the citizen and regulate his con strated, for the purpose of maintaining the party in power, falsifying duct by virtue of the will of the legislative body, and not by virtue of its title "to promote purity of elections," because its tendency and its some other interposed and intermediate will. · effect will be to promote the reverse of purity in elections. The cases on this subject are not at all unfamiliar to the lawyers of It attempts by legal enactment to cure all the political evils which this body. It is a question that is not a new one. It is an old one arise from the nature of mankind, which come to us as an inheritance, and has been discussed in the States, and I do not think there is any which come to us frotn the mode and manner in which we have been di:.fference of opinion anywhere in the books upon the point that I have taught to conduct our own affairs; ills which are not medicable by ape· made. It is laid down in the decided cases and in the text books that cities, but can only be cured by the inherent, self-preserving capacity a State may delegate to a municipal corporation the power to enact of the people and the virtue and manhood of individual citizenship. laws for the governance of all the people within the territorial limits of Local autonomy reflects and develops these; imperial methods tend to that corporation within certain lilies and certain limitations. They destroy them. may make police regulations, regulations concerning highways of the We can not make this Government one that shall combine all the city and the lighting of the city and vreserving the peace of the city, advantages of a despotism and keep the priceless boon of liberty still and all that. untouched. I prefer,. as all free American citizens, I think, must pre· That is upon the ground that that is a delegation of a part of the fer, the stormy and turbulent sea of democratic freedom to the calm sovereignty of the State to one of the instrumentalities of the State, of a despotism. We can survive the one, but civic death following whiclithat corporation becomes for the time being; and so when you go lethargy will be the result of the other. Let me read the remarks of outside of the corporation and give to a majority of citizens of a county an able man and philospher upon this general subject o(attempting to the right to vote whether there shall be a particular law operative cure all evils that free society may be subjected to by legislation. In within the bounds of that county, it is in analogy to that doctrine in speaking of the times of James I of Scotland Mr. Buckle, in his His regard to corporations that here is a locality, a quasi corporation if you tory of Civilization, says: please, particularly affected by the provision in question, and it is right By these measures and by supporting the church with the same zeal thnthe and proper thata majority of citizens should decide for themselves; but attacked the nobles, the king- thought to reverse the order of affairs hitherto it is considered an exception to the general rule, and it has never gone established and to secure the supremacy of the throne over the aristocracy. But herein be overrated his own power. Like nearly all politicians, he e:s:ag further than toallowthecountyin that regard, and within certain limita gerated the value of political remedies. The legislator and the magistrate may, tions and definitions that I will not now stop to describe, to vote by a for a moment, palliate an evil; they can never work a cure. General;nischiefs majority of its citizens. But no such law was ever thought of being depend upon general ca.mes, and these a.re beyond their a.rt. The symptoms of the disease they can touch, while the disease itself baftles their efforts and is imposed upon a community at the instance and by the expression of too often exasperated by their treatment. the will of a minority of its citizens, much less of a small prescribed In Scotland, the power of the nobles was a cruel malady, which preyed on number. , t.hevitals of the nation; but it had long been preparing; it was a chronic dis order· and, having worked into the general habit, it might be removed by No local option law, none of the laws which have been brought into time, it could never be diminished by violence. On the contrary, in this, as in discussion have ever been other than those which have sought to leave all matters whenever politicians attempt great good, they in variably inflict great to the majority of the citizens in a given locality the question whether harm. Overacti~n on one side produces reaction on the other, and the balance of the fa.bric is disturbed. By the shock of conflicting interests, the scheme a law should be operatiYe within their boµndaries or not. I say, if of life is made insecure. you can confine it to fifty, of course you can confine it to one, a11d you New animosities are kindled, old ones are imbittered, and the natural jar and can designate that one. You may say he may be chairman of the State discordance a.re aggravated, simply because the rulers of mankind can not be brought to understand that, in dealing with a great country, they have to do Democratic committee or the chairman of the State Republican com with an organization so subtle, so extremely complex, and withal so obscure, mittee, or he can be any other person whose will is to be interposed be as to make it highly probable that whateyer they alter in it they will alter tween the passage of the bill and its going into effect. It can not be a wrongly,a.ndtba.t,whiletheireffortstoprotectortostrengtbenitsparticularpa.rts are extremely hazardous, it does undoubtedly possess within itself a capacity complete law until the will, this other will than the will of Congress, of repairing its injuries, and that to bring such capacity into play there is merely is brought in and interposed in order to make it a legal enactment. required that time and freedom which the interference of powerful men too I wish to read a brief paragraph from Cooley on Constitutional Lim often prevents it from enjoying. itati.ons. After discussing the cases in which the Legislature has dele Mr. President, it is that opportunity that I pray for my country, gated to municipal corporations and to localities the right to decide that opportunity for this cure of the evils that affi.ict the body-politic upon the operative effect of a law, be goes on to say: whereverthey exist all over this land. I beg you to let us stand in Nor, it seems, can such legislation be sustained as legislation-of a conditional the ancient ways and not disturb the ancient landmarb. There are character. whose force is to depend upon the happening of some future eyent or upon some future change of circumstances. · principles so embedded in our Constitution and scheme of government The event or change of circumstances on which a ln.w may be made to take that they can not be touched or removed without jostling and shocking effect must be such as, in the judgment of the Legislature, affects the question the whole fabric of our liberties. I beg you to consider, with all lovers of the expediency of the law, an event on which the expediency of the law in the opinion of the law-makers depends. • of freedom throughout this land, that we should conserve those fun On this question of expediency the Legislature mqpt exercise its own judg damental principles, those great doctrines of local self-government, and ment definitely and finally. When a law is made to take effect upon the hap let them remain for all time as eternal and unchangeable as the snow· pening of such an event, the Legislature in effect declares the law inexpedient if the event should not happen, but expedient if it should happen. They appeal crowned peaks of the western mountains that stand forever as the to no otl].cr man or men to judge for them in relation to its present or future silent sentinelsofthe centuries. expediency. They exercise that power themselves, and then perform the duty Mr. BERRY. Mr. President--- which the constitution imposes upon them. ltfr. HARRIS. With the permission of the Senator from Arkansas, This bill certainly is obnoxious in a very positive degree to that prin who certainly does not desire to proceed at this hour and who informs ciple which I will not now detain the Senate to elucidate further. This me that he prefers to proceed to-morrow, I suggest to the Senator is not a law or regulation that governs elections all over this country from Massa.chusetts that this· will be a very convenient hour to ad· and is to be operative if the President signs it; not a complete measure journ and go home to dinner. of legislation that is to affect the conduct of elections in all States, in l\fr. HOAR. Mr. President, I think the ~enate s110uld sit at least all districts, upon like conditions, but a measure that is to be operative until G o'clock, considering the very earnest appeal of the Senator from here and there. Maryland [Mr. GORl\IAN] this morning in regard to some other legis· It may lie dormant for a hundred years unless yon can secure a pe lation that he hopes to get early before the Senate; but it is so near tition from some individuals so far forgetting their citizenship and their that hour at this time that I shall move an executive session, which, I civic duties as to accept this invitation and make petition under it, suppose, will take but a few minutes. 218' CONGRESSIONAL. RECORD-HOUSE. DECEMBER ·s,- Mr. BERRY. I yield for that purpose with the understanding that The Clerk read as follows: I shall have the floor on this bill when it comes up to-morrow. . Resolved, That George E. Minot, assistant doorkeeper of the House of Rep· The VICE PRESIDENT. TheSenatorfromArkansas [Mr. BERRY] resentatives, be arrested and brought to the bar of the House fo answer for a. breach of the privileges of a. member of the House in laying hands upon and is recognized as entitled to the floor. The Senator from Massachusetts attemJ?ting to arrest Hon. B . A. ENLOE, a member of this House and a Repre [Mr. HoAn] moves that the Senate PljOCeed to the consideration of sentative t"rom the Eighth district of Tennessee, without authority of law and executive business. in violation of the Constitution of the United States. The motion was agreed to; and the Senate proceeded to the consid The report (by Mr. EZRA n. TAYLOR) was read, as follows: eration of executive business. After seven minutes spent in executive The Committee on the Judiciary, to whom was referred the resolution intro session the doors were reopened, and (at 5 o'clock and 45 minutes duced August 9, 1890, relating toa queation of personal privilege, with instruc tions to inquire into the facts involved, have had the subject under considera p. m.) the Senate adjourned until to-morrow, Tuesday, December 9, tion, and having proceeded to take the testimony in the case, wllich is herewith 1890, at 12 o'clock m. reported, beg leave to make th~ following report: The committee find that on the 9th day of August last,1the !louse being in ses sion, l\Ir. :Minot, who is a messenger for the House, under the Doorkeeper, was NOJ',IIN ATIONS. stationed at the western extremity of the passage way leading by the wash room. This passage way leads into the corridor, extendiug north and south on E.--cccutii'e nominations recei_ved by the Senate th~ Blh day of December, 1890. the west side of the Ilo.U of the House of Representatives, and at the point of in- tersection there is no door. . COLLECTOR OF CUSTOMS. On the oce&.sion referred to in the resolution, while the House was under co.II, M1·.EsLOE, a member oi the House, having answered to his name, passed out James Taylor, of Massachusetts, to be collector of customs for the dis of the Hall of the House through the doorwav next westoftheSpeaker'schair, trict of New Bedford, in the State of 1\Iassachusetts, to succeed Wes ton all other doors being closed, and approached the place where l\Ir. l\Iinot was Howland, whose term of office expired by limitation July 11, 1800. stationed with the purpose of passing into the corridor and thence to Statuary IIall. . Mr. Taylor is now serving under a commission issued during the recess l\Ir. l\Iinot, having been instructed by Assistant Doorkeeper Houk to prevent of the Senate. members passing out at that point during calls of the House, informed l\Ir. SURVEYOR .'Post, Scull, Stewart, Vt. Van Sehaick, Mr. BELDJJ~ witp Mr. DUNPHY, until Tuesday next. li>ugsley, Sherman, Stone, Ky. Vaux, Quackenbush, Skinner, Stone, Pa. Wade, · Mr. McCREA.RY. I desire to vote. Raines, Smith, Ill. Tarsney, Wallace, l\Iilss. The SPEAKER. Was .the gentleman present and listening at the 1neyburn, Smith, ,V. Va. Taylor, Ill. Wallace, N. Y. time his name was rolled? ' Richardson, Smyser, Thompson, Whitelaw, MoCR~ARY. ~ife, Snider, Townsend, Colo. Wilson, Ky. 1\Ir. No, sir. , Rowland, Stewart,.Ga. Tqwm1end, Pa. Yoder. The SPEAKER. Then the Chair can not entertain the request. Scranton, Stewart, Tex. Turner, N. Y., The result of the vote was announced as above stated. N.A.YS-79. The SPEAKER. The question is now on ·agreeing to the amend Abbott, Coleman, Lane, Pierce, ments. If no separate vote is demanded the question will be taken Alderson, · Comstock, Lanham, Reed, Iowa. Allen, l\fiss. Connell, Lawler, Sayers, upon these amendments in gross. · Earwig, Dickerson, Laws, Shively, The que~tion being taken, the amendments were agreed to. Belknap, Edmunds, Lester, Ga. Spinola, The SPEAKER. The question is now upon ordering the. engross- Blanchard, Enloe, Lind, Spooner, Bland, Flick, Lodge, Springer, ment and third :reading of the bill as amended. ' • · Boothman, Forman, Magner, Stephenson, The question Qeing taken, there were-ayes 101, noes 43. Dreckinridge, Ark. Geissenhainer, Martin, Ind. Stivers, M:r. HOLMAN. I call for the yeas and nays. Breckinridge, Ky. Goodnight, :1\Iartin, Tex. Stockdale, Brookshire, Greenhalge, McClellan, Taylor, E. Il. The yeas and nays were ord~red. Brunner, Grout, l\IcComas, Thomas, The question was taken; and it was decided in the affirmative-yeas Buchanan, Va. Hare, McRae, Tucker, 137, nays 77, not voting 116; as follows: · Carter, Haugen, 1'filliken, Waddill, Caruth, Hemphill, Mills, · 'Vheeler, Ala.. YEAS-137. Cheadle, Herbert, :Moore, Tex. Wiley, Adams, Cummings, l\IcClammy, Scranton. , Clarke, .A.la. Hill, Parrett, Williams, Ill. All~n, Mich. Outcheon, McCreary, Scull, Clements, Kerr, Iowa Paynter, Williams, Ohio Andrew, Dalzell, :McDuffie, Sherman, Cobb, Lacey, Penington, ·wilson, Mo. Arnold, Dargan, McKinley, Simonds, Cogswell, La Follette, Pickler, Atkinson, Pa. Darlington, l\Icl.\lillin, Skinner. NOT VOTING-136. Baker, De Lano, l\IiJes, . Smith, W. Va. Banks, Dorsey, Moffitt, Smyser, Ada ms, Covert, Kilgore, Rowell, Barnes, - Ellis, Montgomery, Snider, Anderson, Kans. Cowles, Knapp, Rusk, DA.rtine, Evans, Moore, N. H. Stahlnecker, Anderson, l\fiss. Crain, Lansing, Russell, Bayne, Ewart, Morey, Stewart, Ga. Atkinson, ,V. Va. Davidson, Lehlbac:i, Sa.nford. Deckwith, Farquhar, l\forse, Stewart, Tex. Bankhead, Dibble, Maish, Sawyer, Seney, · Belknap, Forney, Mudd, Stewart, Vt. Banks, Dingley, l\IcAdoo, · Bergen, Funston, Mutchler; Stone, Ky. Barnes, Dockery, l\IcCartlly, Simonds, Bingham, Gear, Norton, Stone, Pa. Belden, Dolliver, l\IcCord, Stahlnecker, BoA.tner, Geissenhainer, Oates, Struble, Riggs, · Dunnell, l\IcCormick, Stockbridge, Breckinridge, Ky. Goodnight, O' Donnell, Tarsney, Bingham, Dunphy, l\IcCreary, Stone, Mo. Brewer, Grosvcnbr, O'Ferrall. Taylor, Ill. Bliss, Featherston, :!.\le Duffie, Struble, Brosius, Jfa11sl>rough, O'Neill, Pa. Townsend, Colo. Blouut, Finley, l\IcKenna, Stump, Brown, J.B. Harmer, Osborne; Townsend, Pa. Boutelle, Fitch, l\IcMillin, Sweet, Buchanan, N. J. Hatch, Owens, Ohio Tumer,N.Y. Bowden, Fithian, l\Iiller, Sweney. Bullock, Ha:n~.E .. n. Payne, Vaux. Brickner, Flood, :Montgomery, Taylor, J. D. Burrows, Haynes, Payson, Wade. Brower. Flower, l\Iorgan, Taylor, Tenn. Tillman, Burton, Heard, Penington, Wallace, 1\fas:;o. Brown, J'. Il. &wler, l\forrow, Bynum, Henderson, Iowa Perkins, Wallace, N. Y. Browne, T. M. Fran,k, Niedringhaus, Tracey, , Henderson, N. C. -l'erry, Turner, Ga. Candler, :Mass. Whitelaw, Browne, Va. Funston, . Nute, Oannon, Hooker, Pindar, Wickham, Buckalew, Gest, O'Neal, Ind. Turner, Kans. Pm1t, Bullock., Gibson, O'Neil,l\Iass. Vandever, Caruth. Kerr, Pa. 'Villcox, Caswell, Ketcham, Pugsley, Wilson, Ky. Bunn, Gifford, OuLhwaite, 'Valker, Catchings, Laidlaw, Quackenbush, Wilson, Mo. Butterworth, Grimes, Owen, Ind. W a.shington, Cheatham, Langston, Raines, Wilson, W. Vo.. Campbell, Hall, Peel, Wheeler, l\licb. Cooper, Ohio Lee, Reyburn, Wright, Candler,,l\Iass. Hansbrough, Peters, 'Vhit.ing, Oraig, Le!:lter, Va. Richardson, Yoder. Carlton, Hayes, W. I. Phelan, Whitthorne, Lewis, Rife; Catchings, Henderson, IB. .Price. Wickham, Crfap, Chipman, Hermann, Quinn, Wike, Ouluerson, Tex. :Mansur, Rowell, Clancy, Hitt, Handall, Wilkinson, Culbertson, Pa.. l\Iason, Rowland, Clark, Wis. Holman, Ray, Willcox, NAYS-77. Olark, Wyo. Ho9ker, Reilly, Wilson, Wash. Abbott, Dickerson; Laws, Sawyer, Clunie, Hopkins, Robertson,· Wilson, W. Va.. Alderson, Edmunds, Lester, Ga. Sayers< Cooper, Ind. Kelley, Rockwell, Wright, Earwig, Enloe, Lind, Shively, Cothran, Kennedy, • Rogers, Yardley. Blanchard, Finley, Lodge, Spinola, the previous question was ordered. Bland; Flick, Magner, Spooner, So Boothrn,an, Greenhalge, • l\Iartin, Ind. Springer, The following pairs were announced: Breckinridge, Ark. Grout, Martin, Tex. Stephenson, Until further notice: Brookshire, Hare, l\IcClellau, Stive1·s, ·ur. lhY with 1\1r. CLANCY. Brunner, Haugen, l\IcOomas, Stockbridge, Buchanan, Va. Herbert, l\fcRae, Stockdale, Mr. STRUilLE with Mr. CLUNIE. Carter, Hermann, Milliken, Taylor, E. B. Mr. HITT with Mr. FITCH. ·cheadle, Hill, l\lills, Thompson, Chipman, Holman, Moore, Te:r. Tucker, Mr. FLOOD with Mr. MoNTGOl\IERY. Clarke, .A.la.. Houk; Morrill, Turner, Ga. . . Mr. CANDLER, of Massachusetts, with 1\fT. GRil\IES. Clements, Kerr, Iowa O'Neall, Ind. Waddill, Mr. IlROWER with Mr. CARLTON. Cobb, Lacey, Parrett, Wlley, Mr. BROWNE, of Virginia, with 1\fr. NORTON. Cogswell, La Follette, Paynter, Williams, Ill. Coleman, Lane, Pickler, Mr. LA.NSIXG with Mr. COVERT. · Comstock, Lanham, Pierce, Mr. BOWDEN with Mr. BUNN. Connell, Lawler, Reed, Iowa. Mr. KENNEDY with Mr. 1\1oRGAN. NOT VOTING-116. Mr. WHEELER, of Michigan, with Mr. BANKHEAD. Allen, !\fiss. Cowles, Kilgore, Rogers, Mr. BLISS with Mr. WILKINSON. Anderson, Kans. Crain, Kinsey, Rusk, Anderson, l\fiss. Davidson, ~napp, Russell. l\fr. CLARK, of Wisconsin, with Mr. ANDERSO:N, of Mississippi. Atkinson, W. Va~ Dibble, Lansing, Sanford, Mr. l\ICCORD with Mr. FITHIAN. Bankhead, Dingley, Leh Ibach, Seney, Belden, Dockery, Maish, Smith, Ill. Mr. LEilI~DACH with Mr. STUl\lr. Biggs, Dolliver, McAdoo, Stone, Mo. Mr. EWART with Mr. COWLES. Bliss, Dunnell, l\IcCarthy, Stump, 1\fr. NIEDRINGII.A.US with Mr. STONE, of :Missouri. Blount, · Dunphy, McCord, Sweet, Mr. McCoRillCK with Mr. REILJ,Y. Boutelle, Featherston, l\lcCormick, Swen~y, Bowden, Fitch, ~IcKcnna, Taylor, J'. D. 1\fr. ANDERSON, of Kansas, with 1\fr. DAVIDSON. Brickner, Fithian, l\Iillcr, Taylor, Tenn. Mr. HALL with Mr. IlonERTSO:N. Brower, Flood, · l\{organ, Thomas, Browne, T.l\I. Flower, l\Iorrow, Tillman, On this question: Rrowne,.Va. Forman, Niedringhaus, Tracey, Mr. DUNNELL with Mr. W A.SHINGTON. Buckalew, Fowler, Nute, Turner.Kans. J\Ir. O'NEIL, of Massachusetts, with Mr. TRACEY. Bunn, Frank, O'Neil, l\Ia,ss. Vandever, Butterworth, Gest, Outhwaite, Van Schaick, 1\fr. TAYLOR, of Tennessee, with 1\fr. BRICKNER. Caldwell, Gibson, Owen, Ind. Walker, On this bill: Campbell, Gifford, Peel, Washington, Mr. RANDALL with 1\:fr. RUSSELL. Candler, Ga. Grimes, Peters, Wheeler. Ala. Carlton, Hall, Phelan, 'Vheeler, l\Iich. Mr. CANDLER, of Georgia, with 1\Ir. IlEl\IPHILL. Mr. CANDLER Clancy. Hayes, 'V. I. Price, Whiting, would vote for the bill and Mr. HEMPHILL against it. Clark, 'Vis. Hemphill, Quinn. Whitthorne, For this day: Clark, 'Vyo. Henderson, Ill. Randall, Wike, Glunie, Hitt, Ray, Wilkinson. Mr. MORROW with Mr. BIGGS. Cooper, Ind. Hopkins, Reilly, Williams, Ohio Mr. BING-HAM with Mr. SENEY. Cothran, Kelley, Robertson, Wilson, Wa.sh. Mr. PETERS with Mr. DOCKERY. Covert, Kennedy, Rockwell, Y~rdley. Mr. HOPKINS with Mr. PII~. So the bill was ordered to be engrossed and read a third time. 220 CONGRESSIONAL RECORD-HOUSE. DECEMBER 8, · The following additional pairs were announced: NOT ·VOTING-115. Until further notice: Allen, Miss. Covert, Kerr, Pa. Simonds, Anderson, Kans. Cowles, Knapp, Stephenson, Mr:vANDEVER with .Mr. MAISH. Anderson, Miss. Crain, Lehlbach, Stewart, Ga. Mr. AttINSON, of West Virginia, with Mr. McADOO. Bankhead, Davidson, l\iaish, Stockdale, Mr. SANFORD with Mr. OUTHWAITE. I;larwig, Dibble, l\IcAdoo, Stone,l\Io. Belden, .Dingley, McCarthy, Stump, Mr.,FBANK with Mr. GRil\IES. Biggs, Dockery, l\IcCord, Sweet, For the rest of the day: Bliss, Dolliver, l\lcCormick, Taylor, ;J. D. l\Ir. YARDLEY with Mr. SENEY. Blount, Dunnell, l\IcKenna, Taylor, Tenn. Boutelle, Dunphy, Montgomery, Tillman, The result of the vote was announced as above stated. Bowden, Feo.therston, l\Ioore, N. II. Tracey, The bill was read the third time. Brewer, Fit.ch, l\Iorgan, Turner, Kans. The SPEAKER. The question is now on the passage of the bill. Brickner, Fithian, l\lorrow, Vandever, Brower, Flood, Niedringhaus, Waddill, Mr; GROUT. Mr. Speaker-- Browne,T.1\1. Flower, O'Neall,Ind. 'Va.de, The SPEAKER. For what purpose does the gentleman rise? Browne, Va. Forman, O'Neil, l\Iass. WA.Iker, Mr. GROUT. To make a motion. I would not occupy unneces Buckalew, Fowler, Owen, Ind. Washington, Runn, Gest, Peters, Wheeler, Ala. sarily any of the.valuable time of the House, but I feel-- Butterworth, Gibson, Phelan, Wheeler, l\Iich, The SPEAKER. This question is not' open to debate. Campbell, Gifford, Price, Whiting, Mr. GROUT. I am not proposing to debate it. I wish to make a · Candler, Ga.. Grimes, Quinn, Wbltthorne, Carlton, Hall, Haines, Wike, motion without debate. I feel it my duty to interpose every reason Carter, Ha.yes, W. I. Randall, 'Vilkinson, able effort to improve this bill; and to that end move-- Clancy, Hemphill, Reilly, Williams, Ill. Mr. . ATKINSON, of Pennsylvania. Regular order! Clark, 'Vis. Henderson, Ill. Robertson, 'Vilson,Ky. Clark, Wyo. Hitt, Rockwell, Wilson, Wash. The SPEAKER. The question is not debatable. If the gentleman Clunie, Hopkins, Russell, Yardley, has a motion to make,. he will state it. . Cooper, Ind. Kelley, Sanford, Yoder. Mr. GROUT. As I started to say, I move to recommit the bill to Cothran, Kennedy, Seney, the Committee on the District of Columbia. . So the motion to recommit was rejected. The SPEAKER. The gentleman from Vermont moves to recommit The following additional pairs were announced: the bill. Mr. FLOOD with Mr. TILLMAN. Mr. ATKINSON, of Pennsylvania. I rise to a point of order. l\Ir. GIFFORD with Mr.DIBBLE. The SPEAKER. The gentleman will state it. Ur. BUTTERWORTH with Mr. w ALTER I. HA YES, until further notice. l\Ir. ATKINSON, of Pennsyl>ania. The motion to recommit, as I l\Ir. w ADE with Mr. STOCKDALE, on this vote. understand it, without instructions is not in order. The result of the vote was then announced as above recorded. The SPEAKER. The rule permits the motion to be made with or The SPEAKER. The question is on the passage of the bill. without instructions. The bill was passed. The question is on the motion of the gentleman from Vermont to Mr. ATKINSON, of Pennsylvania, moved to reconsider the vote by · recommit the bill to the Committee on the District of Columbia. which the bill was passed; and also moved that the motion to recon The question was taken; and the Speaker decided that the noes sider be laid on the table. seemed to have it. The latter motion was agreed to. Mr. GROUT demanded a division. PUBLIC-BUILDING BILLS. The House divided; and there were-ayes 47, noes 100. Mr. SPINOLA. I believe that is not a quorum. Mr. MILLIKEN. Mr. Speaker, I desire to submit a request to the Mr. BRECKINRIDGE, of Arkans'lS: I call for the yeas and nays House. I wish to ask unanimous consent that on to-morrow, after on the motion. sixty minutes of the morning hour have expired, the remainder of the The yeas and nays were ordered, day be assigned for the consideration of such public-building bills as The question was taken;- and there were-yeas 75, nays 140, not have passed the Committee of the Whole. voting 115;1 as follows: The SPEAKER. Is there objection to the request of the gentleman YEAS-71'. from Maine? Abbott, Edmunds, Lester, Ga. Rogers, There was no objection, and it was so ordered. Alderson, Enloe, Lind, Sawyer, Blanchard, Finley, Lodge, Sayers, ORDER OF BUSINESS. Bland, Flick, Magner, Shively l\Ir. BAKER. I desire to ask that Thursday next, after sixty min Boothman, Grout, l\Iartin, Tex Smith, fu. Breckinridge, Ark. Ha.re, MoClellan, • Spinola, utes of the morning hour have passed, be devoted to the consideration Breckinridge, Ky. Haugen, Mccomas, Spooner, of bills reported from tbe Committee on Commerce. Brookshire, Herbert, McR.a.Gt Springer, Mr. SPINOLA. I object. Brunner, Hermann, Miller, Stivers, Buchanan, Va. Holman, l\Iills, Stockbridge, LIQUOR LICENSES NEAR SOLDIERS' Ho:\IE. Burton, Houk, l\Ioore, Tex. Taylor, E, B. Cheadle, Kerr, Iowa. Morrill, Thomas, l\Ir. GROUT. l\1r. Speaker, I now call up for present consideration Chipman, Kilgore, Outhwaite, Thompson, the bill (H. R.10787) to prohibit the granting of liquor licenses within Clarke, Ala. Lacey, P&.rrett, Tucker, 1 mile of the Soldiers' Home. Clements, La Follette, Paynter, Turner, Ga. Cobb, Lane, Peel, Wiley, The bill was read, as follows : Coleman, Lanham, Pickler, Willcox, Be it enacted, etc. That on and after the passage of this a.ct no license for the Comstock, Lawler, Pierce, Williams, Ohio. sale of liquor or iiquids at any place within I mile of the Soldiers' Home Connell, Laws, -:: Reed, Iowa property, in the District of Columbia., shall be granted. NAYS-HO. The committee recommended the adoption of the following amend Adams, Cummings, Lee, Ray ments: Allen, Mich. Cutcheon, Lester, Va. Reyburn, Andrew, Dalzell, Lewis, Richardson, Insert in line 4, after the word "of," the word "int~:xicating." Also strike Arnold, Dargan, :Mansur, Rife, out, in same line, " or liquids." Atkinson, Pa. Darlington, l\Iartin, Ind. Rowell, The amendments recommended by the committee were adopted. Atkinson, W. Va. De Lano, l\Iason, Rowland, Baker, Dickerson, McOlammy, Rusk, The bill as amended was ordered to be engrossed and read a thirrl time; Banks, Dorsey, McCreary, Scranton, and being engrossed, it was accordingly read the third time, an anv one of the commissioners of said District, and may be served by any mem United States. It is a franchise for which they pay nothing to the city ber of the Metropolitan police force. SEC. 3. That in case any witness duly summoned before any trial boa.rd organ of Washington; and while using this valuable franchise they seem to ized for the trial of members of the police force, or of members of the fire depart be utterly indifferent to the wants of the people of the District. ment or any other department as aforesaid, for violations of the rules and regu I want to call attention further to the fact that there should be a. lations thereof, shall refuse to obey a summons, or who shall refuse to be sworn 'and give testimony after being summoned, it shall be the duty of such board to provision in this bill that would compel these .companies to furnish certify the fact to the commissioners of said District, who aloneare authorized s~ts in the cars for passengers, and that unless they do furnish seats to commit persons for contempt under.this act. passengers shall not be required to make any payment for the ride. SEC. 4. That the fees of witnesses for attendance on hearing or trials provided for in this act shall be the same as are by law allowed witnesses in the police It is well known to every gentleman here that between the hours of 8 court of said District, and shall be payable in the same nianner and out of the and 9 o'clock in the morning and 4 and 5 o'clock in the afternoon the same fund. · accommodations are not adequate by one-half to the demands of tra ve1. The bill was ordered to be engrossed and read a third time; and being I have seen street cars pa.Ssing in which every available space inside engrossed, it was accordingly read the third time, and passed. and upon the platforms.outside was occupied, and where persons were JUNK DEALERS, ETC., DISTRICT OF COLUMBIA. banging on to the platforms, and no effort made by the railroad com pany to furnish sufficient facilities to carry tµe people, and that at the Mr. GROUT. Mr. Speaker, I call up for present consideration the very time when the vast majority of those who use these roads desire to bill (H. R. 7342) relating to junk dealers, dealers in second-hand per travel; that is, between 8 and 9 o'clock in the morning and between 4 sonal property, and paw.µ brokers in the District of Columbia. and 5 in the afternoon, the companies have utterly failed, and continue The bill was read, as follows: in this default, to furnish anything like adequate means of transporta- Be it enacted, etc., That the act of the late Legislative Assembly of the Dis trict of Columbia approved August 23, 1871, entitled ';An act imposing a license tion. · on trades, business, and professions practiced or carried on in the District of Mr. GROUT. Mr. Speaker, the complai~t which the gentleman Columbia," be and the same is hereby, amended as follows; that is to su.y, by makes concerning the action of the companies at the transfer points is striking out all of paragraph 32 of section 21 of said act and inserting in lieu thereof the following: . new to me. I had not beard of it before. The other is a complaint, "32. Junk dealers and dealers in second-hand personal property of any kinu of course, of which all who have to ride on street cars, as do the gentle or description whatsoever shall pay to the District of Columbia a. license tax of man from Illinois and myself, are well aware of. But here is a bill $40 ann'ually. Every person whose business it is to buy or sell old iron, rags, paper, second-hand clothing, or any second-hand personal property of any making a provision for a single thing. It iR not an omnibus bill, but kind or description whatsoever shall be subject to the provisions of this act simply a bill regulating the sale of street-car tickets, Now, I will say and to all the laws and regulations now in force 1n the District of Columbia to the gentleman that if there are wrongs, if there is misconduct on and to all the valld regulations which may hereafter be provided relating to junk dealers or dealers in second-hand personal property: Provided, neverthe the part of the street rail ways at these connecting points let him bring less, That no sale shall be made by junk dealers and dealers in second-hand in a bill upon that subject. Of course any amendment to this bill personal property in their possession until after the expiration of teri days after should be carefully drawn and carefully considered, ~nd time is precious. the purchase thereof, or from and after the time at which report has been mn.de to the major of police of Ruch purchase as pro\'ided by the police regulations But, if introduced, such a bill shall have the careful attention of the of the District of Columbia." . committee and their deliberate judgment upon i~ when they report it Sxc. 2. That section 7 of chapter 413 of the second session of the· Fiftieth Con back to the House. Now, I make that suggestion to the gentleman, gress, entitled'' An a.ct to regulate pawnbrokers in the District of Columbia," approved l\Iarch 2, 1889, is hereby repealed, and the f<>r!ng and indus The committee recommend the adoption of the following. amend trial population using the roads now, so largely, and which their rev- _ ments: enues will allow them to do. In lines 23 apd 24, s~ction l, strike out the words "after the purchase thereof th~ or." Also in line ~5 strike out "such" and insert" the." In the l'ame line, Mr. ROGERS. Will gentleman from Vermont yield to m.e for a after the word" purchase," insert" thereof." Also add to section 3 the follow m~ment? ing proviso: Mr. GROUT. Yes, sir; certainly. "Provided, however, That the provisions of this act shall not apply to dealers in second-hand books or to the busineRs of dealing in second-hand bot>ks." Mr. ROGERS. I want to ask the gentleman from Vermont to.ex plain the bill that is now before the House. The amendments recommended by the committee were adoptetl. · Mr. GROUT. It is a very- brief bill and it will best expl~in itself. The bill as amended was ordered to be engrossed and read a tbirll time; Mr. ~OGERS. Let me ask that the bill be read by the Clerk. and being engrossed, was accordingly read the third time, and passed. 1t1r. SPRINGER. And then I will ask to have read an amendment STREET RAILROAD TICKETS. that I will offer to the biil. Mr. GIWUT. Mr. Speaker, I call up House bill 10860 to regulate The SPEAKER. Without objection, the Clerk will report the bill the sale of tickets on street railroads in the District of Columbia. again. The Clerk read as follows: The bill was again rea<;l. Be it enacted, etc., That each horse, cable, and electric railroad company in the Mr. ROGERS. I would like to ask the gentleman from Vermont District of Columbia. shall, on and after the 1st day of J.i.nuary, 1891, keep and [Mr. GROUT) what vice is sought to be remed!~d by this bill. sell to such persons traveling on said railroads as desire to purchase the same, at the legal rates, tickets to be made in strips, consisting of six tickets each, Mr. GROUT. The vice which this legislation seeks to remedy is with perforations between each ticket, which tickets shall not be reissued that under the present system the tickets become oldandoffensive and again after once having been used as fare. are liable to be infected by disease. This is the object intended to be Mr. SPRINGER. Mr. Speaker, I desire to ask the gentleman from reached by the bill. A diphtheria patient having a bunch of these tickets Vermont [Mr. GROUT] a question in regard to the pending bill. in his pocket, or one infected with scarlatin.a, wohld be in great danger, The SPEAKER. The question is upon the engrossment and third as the profession will tell yon, of transmitting the disease in that way. reading of the bill. . These diseases are communicated through slight causes, especially Mr. SPRINGER. I desire to call attention to the fact that while scarlatina. this regulation is perfectly proper and should be made I think that 1\fr. SPRINGER. Will the gentleman now yield for an amendment there ought to be a further regulation in regard to these street rail which I will have read? ways, to require the companies to stop their cars at the crossings where Mr. GROUT. . Yes, Mr. Spe~ker. transfers are made and to allow reasonable time for transfers to be The Clerk read as follows: made. It is well known to the gentlemen who have occasion to trans Amend by adding to the bill the following word!J: fer from the Georgetown Railroad at the crossing_at Seventh street and "Provided, That no person not gh•en or furnished a. seat· on the car of any such horse, cable, or electric railway company in the District of. Columbia shall Pennsylvania avenue that the persons in charge of the cars at that be required to pay fare on any such car." crossing make it a point to prevent people from making a connection with the next c11r that passes. Mr. GROUT. Mr. Speaker, let the sense of the H:ouse be taken I have been there a number of times myself when it was imposEtible upon that amendment without discussion. The committee will not for persons to get from one car to the other before the cable cars would oppose it. pull out and leave persons standing on the street trying to get to the The question was taken; and the a1µendment was agreed to. car or rushing towards the car, making an effort to get upon it. I Mr. McCOUAS. Mr. Speaker, I offer the following amendment: In have had occasion to use street cars in many parts of the country, but line 7, after the word "same," insert the words ''at the rate of eight I am of the opinion that the accommodations afforded the people of tickets for 25 cents,'' and, in line 8, strike out ''six '' and insert the this city are worse than in any other city in this country, while at the word "eight." . . same time the franchise occupied by this railroad company is more val7 TheSPEA.KER. Does the ~entleman from Vermont yield for that uable perhaps than that of any other stre~t railroad company in the amendment? · 222 CONGRESSIONAL RECORD-HOUSE. · DECEMBER 8, Mr. GROUT. Yes, Mr. Speaker. . in the District of Colt;imbfa more than we need cheap fares is better The amendment was read, as follows: railroad semce. From my observation-and I belie"\'e I have been in In line 7, strike out the words "at the legal rates" and insert "at the rate of nearly every city in the Union-I do not think there is any city in this eight tickets for 25 cents,'' and, in line 8, strike out the word "six" and in- country where the horse-car service is so poor and miserable as it is sert "eight." here. It takes twenty-five minutes to get from the Shoreham Hotel Mr. KERR, of Iowa: Mr. Speaker, it does not seem to me that this to this Capitol, and I have not seen a horse hitcheu to a horse-car here runendment-- · 1 in Washington that would sell in Brighton (the market in my city) The SPEAKER. Tho gentleman from Vermont has the floor. for more than fifteen or twenty dollars. (Laughter.] Better service . Mr. GROUT. I will yield to thegentleman. Howmuchtimedoes is what we want, Mr. Spen,ker; better service. Why, you have to the gentleman from Iowa want? squint by a post at one of these Washington horse-cars to see whether Mr. KERR, of Iowa. A minute. it is moving or not. ·[Laughter.] We ought to substitute for these 1'1r. GROUT. I yield to the gentleman from Iowa for one minute. slow hoTSe-cars a cable or an electric railway, and the Committee on Mr. KERR, of Iowa. It does not seem to me that such an amend- the District of Columbia ought to demand that of these companies. ment as t~is ought to be adopted on a mere motion without the com- Mr. BUCHANAN. of New Jersey. The material for the cable road mittee being furnished with some statement showing that such a re- on Pennsylvania avenue is being brought hete now. duction of the rates is fuir and just to the railroad companies. Such 1\Ir. GROUT. Mr. Speaker, I will now yield one minute to the gen· legislation is very hasty, and it seems to me ought not to be enacted. tleman from Missouri [Mr. HEARD]. Mr. McCOMAS. Mr. Speaker, the amendment I offer is not ill Mr. HEARD. I do not propose to aecept one minute. I propose to comidered or hasty. I have several times heretofore endeavored to take the floor in my own right as a member of the committee and to have it put int-0 law. The stocks of the railroad companies on the take my own time. [Laughter.] · . main thoroughfares of this city are worth three times and some of l'tfr. GROUT. You said you wanted only a minute. them have been sold for.fourtimes the amount of their par value. bu Mr. HEARD. Now, Mr. Speaker, I have only this to Eay. The the main thoroughfares there is no doubt that that proposition is not amendment offered by the gentleman from Maryland [Mr. .McCo:l\US] only just, but has been too long delayed. The only criticism that could ought not to prevail. I think, with the gentleman from Georgia [Mr. in my judgment be properly made upon that amendment is that some BLOUNT], that this subject ought to be referred to the committee for of the minor lines might be exempted; but with the transfer of tickets investigation before we take any action upon it. There may be some that can not be made, and in the interest of the general public eight. of the larger roads in thisDistrictwbichcouldafford toselleighttickets tickets whenever purchased ona Mondaymornihgbythelaboringpeo- for a quarter of a dollar, but there are others that pay no div:idends ·ple will not add additional cost, will not induce the expenditure of fur- to-day and that can not earn dividends, however economically they may tber money by the companies; but wHJ give the same revenue, with a be managed, and while this provision in the law might not hurt the sli,ghtly added burden of travel on those roads. larger roads it probably woq.ld effect the annihilation of some of the It will be of great benefit to workingmen who are compelled to go weaker ones. Now, I would suggest this to the gentleman from l'tfary long distances to work, to people living in the suburbs, people in the land [Mr. McCo:MAS]. If he wants to help. the laboring classes who shops, people in the Departments, and to children going to school. A travel at certain times in thedaygoin~toandfrom work, etc., by giving reference to ,.. the reports of tpe street railroad companies of this city themcbeap transportation, why does henotproposetolimittheprice to will show that they can well afford this rate; and I have offered the be charged for fare within certain hours of the day, the hours during amendment in good faith and advisedly, and I hope it will pass. which the laboring people most use the roads? That would beareason- Mr. KERR, of Iowa. I desire to ask the gentfeman a question,and able means of arriving at the result which he desires. that is, whether the passage of this bill would not prevent the erection During those hours the roads could afford to carry passengers at a of any competing line or new railroads and give to the companies now cheap rate, while for the greater part of the day they would receive a organized a monopoly of the entire business of the city. rate of fare which would enable them to carry the laboring people • Mr. McCOMAS. I think that is very improbable. The main lines cheaply. That plan bas been adopted in some of the larger cities and have now covered the great thoroughfares, and it will have no such it might work well here. But a proposition to reduce by 25 per cent. effect. . the receipts of all the street railroads in the District without having Mr. GROUT. I now yield five minutes to the gentleman from Geor· first investigated the question to ascertain 'bow many.of them could gia [Mr. BLom..""T]. stand such a reduction is a proposition for a piece of reckless legisla- .Mr. BLOUNT. Mr. Speaker, the proposition of the gentleman from tion and ought not to be entertained. Illinoia.(.l\Ir. SPRINGER] is eminentlypropei;, to wit, that where a street Let us not burden this bill, which in itself is a simple and proper railway company does not furnish a seat to a passenger it shall not one, which starts out to compel these corporations to furnish people exact fare; and it occurs to me that it is a matter that we need not in- with clean and decen.t tickets in a convenient form, instead of the pres vestigate at all. It is a matter that is in tho experience of us all, and ent batches of dirty, greasy tickets bound with rubber or put up in a therefore we have no trouble in reaching a conclusion; but the gentle.. manilla envelope-let us not, I say, burden this simple bill with these man from Maryland [Mr. McCoMAS] comes in with another and dif- amendments. Let us go on with this bill, which is simple and plain ferent proposition, to wit, fixing a rate of fare for passengers different in its terms, which proposes to give the people something that they from that now obtaining, and by an amendment which has never been need and to introduce here a custom which prevails in most of the considered, I venture to say, by a single gentleman on this floor. other cities of the country; and let this proposition for a reduction of I do not know of, and I challenge any gentleman to furnish;- infor- rates be considered afterproper investigation and madeapplicablewher mation such as any fatelligent man would demand upon which an e"\'er H can properly be applied and only there. I will not pretend to opinion can be based as to whether six or eight tickets should be fur· deny that there are some roads in this District whose business might nisbcd for a quarter of a dollar. It does seem to me, sir, that there justify such a reduction in the price of tickets, but I do say that it is fair play involved in the idea of at least submitting this proposition would be reckless and unjust legislation to make that reduction appli to the Committee on the District of Columbia, or some other commit- cable to all the roads without full investigation. I do not think this tee, •vith a view of gathering information, at least, for this House be- amendment ought to prevail. fore doing this thing. I am the last, sir, to stand up for the protec· .Mr. GROUT. Mr. Speaker, I hope we shall now have a vote. tion of C011JOrations. They are generally able to take care of them- l'tfr. McCOMAS. I want to occupy a minute or two to say a word selves; but there are propositions which carry on their face a negation in respect to this amendment. of justice, a negation of fair inquiry, which I cannot, nor can I see bow Mr. GROSVENOR. While the gentleman from Maryland is on his any other fair-minded man can, assent to. If it shall appear on inves- feet I wish he wonid tell us how many of these street railroad cor tigation that the rates of fare are too high on the street- railroads of porations there are in this city and how many of them are.consolidated this city, then I will as readily respond to a demand for a reduction so that one controls the others or parts of them. And if he knows of them w any other gentleman on this floor. anything about how much the stock of these corporations has been I bPlieve it is competent for Congress to do it, but I believe that watered I hope be will tell us something about that. Congress owes it to its self-respect, owes it to fair and just legislation, l'ilr. M:cCOJ'tfAS. That would take more timo than I here have and that before it shall undertake to do this it shall makeinquiryand moredatathanlha"\'eathand; bntfortholastfiveorsixyearslbave obtain the information that is necessary as aproperbasisforsuchlegis- been examining this matter and I am quite convinced that a provision lation. requiring the roads upon the great thoroughfares to sell eight tickets 1\fr. GROUT. Mr. Speaker, I had a feeling, whichlexpressed when for a quarter would be a wise and just provision in the interest of all these amendments were first proposed, that it would be better not to the people of the community and at the same time just to the railroad enter upon any extensive amendments of this bill, presenting propo- corporations. At some seasons of the year this city has a tourist travel sitions which had not been considered in the committee. The com• which adds to tho receipts of the railroad companies in an unusual de :z::nittee has no opinion to express upon this amendment, not having gree, and there are many exceptional occasions when vast throngs of given the subject any consideration. I hope that now, without any people come to Washington, thus greatly swelling the rates of these eonsiderable delay, a vote will ~e taken. The gentleman from Mas- companies. f?achusetts [Mr. MORSE] desires . to occupy two minutes, and I yield The gentleman from Missouri [Mr. HEARD] concedes that with ref- him that much time. erence to many of the thoroughfares here this provision would be just :Mr. MORSE. Mr. Speaker, it seems to meas though what we need and in the interest of the people. Now1 let him meet the exceptional 1890. CONGRESSIONAL RECORD-HOUSE. 223 I cases of which he speaks by a provision that certain roads whose re SEc. 4. That no person who bas convalesced from diphtheria or scarlet fever shall be allowed to attend any public or private school, seminary, or college ~ ceints do not justify the application of this rule can, upon proper show until the attendin~ physician shall have furnished a certificate that said patient ;ing, be exempted from its operation in the discretion of the commis has completely recovered and that there is no danger of infection to other per· 'sioners of the District. The obstacle to that would be that in cases of sons. All persons who shall, after convalescingfrom diphtheria.or scarlet fever, visit schools, seminaries, or colleges, without providing themselves with such '. transfers between roads it would be difficult to determine just where certificates, shall suffer the penalties provided for in section 1 of this act. [the road should stop with 3 cents per ticket and where the 4-cents-a SEc. 5. That the provisions of this act shall apply to every ship, vessel, 'ticket rule should begin. steamer, boat, or craft lying or being in the rivers, harbors, or other waters within the jurisdiction of said District, and to every tent, van, shed, hovel, barn, ·But if you adopt this provision now ~nd apply it to. all the roads in outhouse, cabin, or other like place, as if the same were an ordinary dwEllling. ,this city I venture to say that you will find its oply effect upon the SEC. 6. That the word "regulations," as herein used, shall be held to mean flarger roads will be a slight diminution in the enormous selling value also rules, orders, and amendments. The words "person in charge thereof" shall be held to mean the owner, his agent or factor; the tenant, his clerk or 'of their stor.k, which when I made an examination of the mattetayear representative; the nurse, or any one or more persons who by reason of their 'ago I found was selling at about four times the par value; t.he price now position are charged with the mapagement or care of the premises, or inter 'is perhaps three times par. · ested in the person affiicted. The words " practitioner of medicine" or "prac titioner" shall be held· to include all persons who undertake to treat persons If gentlemen desire to limit this provision to main thoroughfares I afflicted, either gratuitously or for pay. · shall not object. As I have said, it is not a new or hastily conceived SEc. 7. That any person who shall knowingly make, sign, or deliver any false ·proposition. It came very near · adoption by this House in the latter report or certificate herein provided for, upon conviction thereof in the police court of said District, shall be fined not less than five nor mQre than fifty dol 'part of the last session. It has been voted upon in charters proposed lars, and, in default of payment thereof, be committed to jail for not less than ·here for new railroad companies, and the objection haa always been one nor more than twenty days. made, "You ought not to impose this hardship upon a new company SEc. 8. That the expenses necessarily i[\curred in the execution of the pro visions of this act shall be borne from the genera.I appropriation for the main j µst being organized.'' .And thus those agreeing with me in this propo tenance of the health department of the District of Columbia, and the.juris sition have been voted down. It is now proposed to apply the pro diction of civil and criminal procedure in the enforcement of this act is hereby vision to all existing roads in the interest of the people. vested in the police court of the said District, with the same tight to appeal as No man in this debate has pretended to say, no man can say, that in other civil and criminal trials in said Distri~t. the,street railroads of this city can not afford_to sell eight tickets for a The bill was ordered to a third reading, read the third time, and quarter. To people who are .riding on ~hese cars ·seven days of the passed. week and to children who must use these cars in going to and coniingfrom CARRYING OF DEADLY WEAPONS IN THE DISTR]:CT OF COLUMBIA. school the present rates o( fare amount to a heavy tax. We have had a proposition here to_appropriate many thousand dollars in order to pay Mr. GROUT. I now call up the bill (S. 3116) topunish the carrying for the schoolbooks of children attending the public schools, as is done or selling of deadly or dangerous weapons in the District of Columbia. in many other cities; butby the adoptionofthis amendment a greater The bill was read, as follows: saving will be effected for these children, who, on account of distance Be it enacted, etc., That it shall not be lawful for any person or persons within or stormy weather, are obliged to patronize the cars so extensively in the District of Columbia fo have concealed about their person any deadly or dan· gerous weapons, such as daggers, air guns, pistols, bowie knives, dirk knives order to attend the public schools. The amendment is calculated to or dirks, blackjacks, razors, razor blades, swordcanes, slungshots, brass or be of substantial' benefit to the community, and is not improper or un other metal knuckles. just with reference to the railroad companies. SEc. 2. That it shaU not be lawful for any person or persons within the Dis trict of Columbia. to carry openly any such weapon as hereinbefore described [Here the hammer fell. J wit.h intent to unlawfully use the same, and any person or persons violating Mr. GROUT. I hope we.shall have a vote. eithe1' of these sections shall be deemed guilty of a misdemeanor, and upon The question being taken on the amendment of Ur. l\IcCoMAS, there conviction thereof shall, for the first offense, forfeit and pay a fine or penalty of not less than $20 or more than $200 or be imprisoned in the jail of the District were-ayes 45, noes 16. _ · of Col umbi a not exceeding six months, or both such fine and imprisonment, in Mr. KERR, of Iowa. I call for the yeas and nays. the discretion of the court: Provided, That the officers, noncommissioned offi The yeas and nays were not ordered. cers and privates of the United States Army, Navy, or :Marine Corps, or of any regularly organized militia company, police officers, officers guarding prison So the amendment was agreed to. erR, officials of the United States or the District of Columbia. engaged in the ex The bill as amended was ordered to be engrossed and read a ~bird ecution of the laws for the protection of persons or property, when either-of time; and it was accordingly read the third time. such persons are on duty, shall be exempt from the fines and penalties afore said: ProvidedYurther, That nothing contained in the first or second section of The question being taken on the passage of the bill, this act shall be so coqstrued as to prevent o.uy person from keeping or carry Mr. KERR, of Iowa, and others called for a d~vision. ing about his place of business, dwelling house, or premises any such danger The question being again taken, there were-ayes 44, noes 7. ous or deadly weapon, or from Cl!lr.tyink the same from place of purchase to his dwelling house or place of business or from his dwelling house or place of busi l\Ir. KERR, of Iowa. I make the point of no quorum. ness to any place where repairing is done, to have the same repaired, and back Mr. GROUT. There is evidently a quorum present. again. ·- . __ The SPEAKER pro tempore (Mr. ALLEN, of Michigan). The Chair SEC. 3. That for the second violation of tbe provisions of either of the. preced ing sections the person or persons offending shall be proceeded against by in will ascertain. dictment in the supreme court of the District of Columbia, and upon conviction Mr. GROUT (while the Speaker pro tempore was counting the House). thereof shall be imprisoned in the penitentiary for not less than one, nor more Rather than waste valuable time I ask unanimous consent that this than three years. SEC. 4. That all such weapons as hereinbefore described, which may be taken bill be laid aside informally. [Cries of "No, no!"] from persons offending against any of the provisions of this act, shall be deliv The SPEAKER pro ternpore. There is nearly a quorum in the House. ered to the property clerk of the Metropolitan police force of the District of Co :Mr. GROUT. I was informed otherwise. lumbia, and shall be by him destroyed in such manner as thesuperintendentof police shall direct. The SPEAKER pro tempore (having completed the count). There SEC. 5. That any person or persons who shall, within the District of Colum are 169 members in attendance. A quorum is present, and the bill is bia, sell, barter, hire, lend, or give to any minor under the age or twenty-one passed. years any such weapon as hercinbefore described shall be deemed guilty of a. misdemeanor, and snail, upon conviction thereof, pay a fine or penalty of not SCARLET FEVER AND DIPHTIIERIA. less than ~20 nor more than. $100 or be imprisoned in the jail of the District of l\Ir. GROUT. I call l;lp the bill (S. 2884) to prevent the spread of Columbia not moro than three months. SF.c. 6. Tl:)atall acts or parts of acts inconsis~ent with the provisions of this scarlet fever and diphtheria in the District of Columbia. act be, and the same hereby a.re, repealed. · The bill was read, as follows: Be it enacted, etc., That from and after the passage of this act it shall be the The SPEAKER pro tempore. The question is on ordering this bill ·l, duty of every registered practicing physician or other person prescribing for to a third reading. . . the sick in the District of Columbia to make report to the health officer, ou Mr. BLOUNT. I hope tbero will be some explanation of the bill. forms to be furnished by that officer, immediately e.fter such practitioner be comes aware of the existence of any case of scarlet fever or diphtheria in his It seems to me there are very serious propositions contained in it. charge; and in case such person shall fail to so report within twenty-four hours The SPEAKER pro tcmpore. The gentleman from Vermont [Mr. he shall be subject to a penalty of not less than $5 nor more than $50, and in GROUT] is recognized. · case of a second offense the penalty shall be not less' than $10 nor more than $100. In case no physician shall be in charge of such patient the householder Mr. BLOUNT, I wish toask the gentleman from Vermont whether where such case occurred, or person in charge thereof, the pr..rent, guardian, the bill does not prohibit~ person from carrying deadly weapons, not nurse, or other person in attendance upon the sick person, knowing the charac only secretly, but openly. · · ter of the disease, shall make the report above mentioned, and in case of failure to report shall suffer the same penalties as provided for physicians in this act. 1.\fr. GROUT. If the gentleman will refer to the second section of SEo.2. Thatitshall be the dutyofthehealth officer co-operating with the attend the bill he will there find the words "with intent to unlawfully use the ing physician to ca.use a suitable placa.rd-;--tlag, or wa.rmng sign to be displayed same." ' · from the front of the premises or apartment where anyone case of scarl~t fever or diphtheria is present. It shall be unlawful for any person to remove such Mr. BLOUNT. What do you me:an by "intent to unlawfully use placard, sign, or warning flag, when so placed, withoutpermissionoftheheaUh the same?'' officer, and it shall be the duty of the said health officer, in conjunction with the Mr. GROUT. To use the weapon against the peace o'f the community, attending physician, to cause the premises to be propeHy disinfected, and to issue the necessary instructions for the isolation of the patlen~. against good morals. . SEO, a. That no person shall visit or attend anr public or private school, or Mr. BLOlJNT. A man may carry a weapon about to play with it; place of public assemblage, or appear on the pubho streets or in the parks whi,,Ie but, if somebody wants t-0 kill him or he is apprehensive of that, he a1fected with scarlet fever or diphtheria, and apy adult person, vs.rent, or guard ian of a minor convicted of having knowingly violated the provisions of this may not carry the weapon. act shall, upon conviction, forfeit and pay a sum not less than five nor more Mr. GROUT. This is just such a measure as is upon the statute than fifty dollars; and it shall be the duty of physicians while in attendance bookR of most of the Sta.tes-cer~inly the Northern or New England upon cases of scarlet fever or diphthefia to exercise such reasonable precau tions to prevent the spread of the said diseases as may be prescribed by the States. In all well-regulated cities there is legal provision for the sn~ health officer of the District 6f Columbia in regulations. pression of the carrying of concealed deadly weapons with the intent 224 ·CONGRESSIONAL RECORD-HOUSE. DECEMBER 8, unlawfully to use them. In this Capital a tragedy was transacted only do not see on what ground you can draw the distinction, unless you a few months a(J'o which might be referred to as a case that would make the act and the manner of Ca.rrying them the offense. be met by the provisions of a bill of this kind. The P.arty in that c~se, l\Ir. GROUT. One moment. The proviso to which the gentleman who if not under indictment, was arrested and committed for the crime takes exception is as follows: . of m'urder is now I am informed, at large upon his own recognizance. Pr01Jided further, That nothini: C Mr. McCREARY. If he is going from his residence to h~ place of son, and if he abused that right held him amenable to.the law for its business I think this act allows him to carry a weapon. abuse. [Applause.] · · Mr. BLOUNT. You propose to ·confine him in the contemplation of Mr. GROUT. I hope there will now be a vote on this question. this act to the house he lives in and his place of business? · ~fr. SPINOLA. I ask the gentleman from Vermont for a few min- l\Ir. McCREA.RY. I only desire to call the attention of the gentle utes. • man from Georgia [Mr. BLOUNT] to that.part of the bill, because I Mr. GROUT. I yield to the gentleman from New York for five min- understood him to say that this bill prevented a person from carrying utes. . a weapon about his place of business or about his residence. Mr. SPINOLA. I agree, Mr. Speaker, fully with the remarks made 111r. BLOUNT. If I used such language-and I can not remember by the gentleman fro~ Texas who has just taken his seat. Our fathers, using it-I certainly did not intend to. I intended to bring out the as he suggested, gave the proper construction to that section of the fact that the Constitution designe of the carrying of concealed weapons. I say this, I repeat, as the re a dozen subterfuges to account for his carrying it, but in the other case sult.of experience in turbulent times on the frontier, and I think that the prohibition is put upon the simple ground that he can not carry that which would apply there will apply in every other civili.Zed com it at all if he carries it as a w1Japon, wbet!J.er he is anticipating a diffi munity. But I want to invite attention to this bill. The first section culty or is not anticipating a difficulty. applies to concealed weapons, anP. its language is too broad in this, that Mr. ENLOE. I would ask the gentleman from Arkansas whether it uses the word "pistol" without any sort of definition. Then, too, he would be willing to accept this amendment: to strike out after the I think that section of the bill could be greatly improved by prohibit word "descriped_,'' in line 3, the words ''with intent to unlawfuliy ing the carrying of these weapons when carried as weapons. use the same," a°id insert the words, "except to bear openly in the I think I have a right, if I choose, to take my razor from my room hand any such arms as are mied in modern warfare for purposes of and bring it up here to the barber shop to have it· sharpened and to offense or defense.'' take it back to my room without being held to have Violated any crimi:. Mr. ROGERS. That suggestion is upon another point. In our nal law of the District of Columbia. I cite that simply as an illustra- 8tate we make a man who wants to carry even nu army or a navy pis tion. The statute says that- ' tol carry it in his right hand with bis arm extended, so that the It 11hall not be lawful for any person or persons within the District of Columbia whole world can see that be is armed. to have concealed about their person any_deadly or dangerous weaponst such Mr. PEEL. That is substantially our statute. as daggers, air '.guns, pistols, bowie knives, dirk kniv-~s or dirks, blackJacks, Mr. ROGEl{S. That is substantially the statutes ofour State• . But, razors, razor blades, swordcanes, slungshots, brass or other metal knuck.les. 1\Ir. Speaker, before going to that, let me invite the attention of the So that by the terms of this bill, the ''razor '' being named, I should gentleman from Vermont toanotherprovisionwhich is contained here. be precluded from ~king my razor from my room, carrying it up here I now read the second section again: to the barber-shop to have it sharpened, and carrying it back to my . That it sha.11 not be lawful for any person or persons within the District of room; and if I did it. I would come under the inhibition of this sectiob. Columbia to carry openly any such weapon as hereinbefore described with in- ' I am sure the gentleman from Vermont [.l\fr. GROUT] did not contem tent to unlawfully use the same, and any person or persons violating either of plate anything of that kind; yet the bill covers it. · · these sections shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for the first offense, forfeit and pay a fine or penalty of not less The second section of the bill is intended to embrace all these other than $20 or more than mo or be imprisoned in the jail of the District of Colum weapons such as are designated by the bill. · bia not exceeding six months, or both such fine and imprisonment, in the dis· Mr. GROUT. If the gentleman from Arkansas will permit a sug cretion of the court: Provided, That the officers, nl:m-commissioned officers, and privates of the United States Army, Na.vy, or Marine Corps, or of any regularly gestion, the weapons to which that refers are the same weapons, those organized militia company, police officers, officers guarding prisoners, officials which are·'' hereinbefore described.'' of the United States or the District of Columbia enp:aged in the execution of the .Mr. ROGERS. What part of the bill does the gentleman refer to? laws for the protection of persons or property, when either of such persons a.re The second section? · · on duty, shall be exempt from the fines and penalties aforesaid, :Mr. GROUT. Yes. Now, I should be glad to have some gentleman tell me why the offi. Mr. ROGERS. Well, I have been discussing the first section. I am cers·ofthe Army and Navy, or of the Marine Corps, or of any regularly now going to the second. organized militia company, or the police officers, or anybody else have Mr. GROUT. -But you said just now that the second section applied nny business walking around the streets of Washington loaded down to th.ose weapons described in the first section and to ''other weapons.'' with pistols, or daggers, or air guns, or dirks, or knives, or razors, to be .Mr. ROGERS. I said it applied to those designated in the bi11, but used as weapona. Why should an officer of the Anny or Navy enjoy I accept the correction in order that there may be no misunderstand any special privileges of this kind? Why should we by our.legisla ing. I am on another point now. The second section of the bill, how- tion favor any particular class? ever, relates to the. carrying of tbese·weapons openly. ' . Mr. GROUT. What amendment does the gentleman suggest to cure Now, is it possible that a. citizen under the Constitution can be pro the defect which be discovers? hibited from carrying that class of pistols which are used for purposes Mr. ROGERS. I would, as my friend from Louisiana suggests, strike of warfare, offensive or defensive? If so, what is there to preclude out all this provision with reference to the Army, Navy, Marine Corps, , Congress from prohibiting a citizen from carrying a shotgun, or a rifle, and militia companies. I would leave the officers or members of such or any other weapon known at the time of the ap.option of the Consti organizations upon exactly the same footing as the ordinary civilian. tution or invented since that time? Yet I take it that no member of I know of no reason why we should create a particular class whose the House will for a moment contend that in view of the provision members shall go straggling through the community armed with con of the Constitution ·We can altogether prohibit the carrying of weapons cealed weapons whil_e other people are denied equal rights in that re- of all .kinds and descriptions. I now can the attention of mv friend from VermonJ to another fea- 0 sp~~;. GROUT. I see the point of the gentleman's criticism; and it ture of this second section: It provides: r is that by implication the bill leaves to these officers and soldiers a '.fhat it 'shall not be lawful for any person or persons within the District of privilege in this respect which is denied to other persons. Perha pg the ~ Columbia to carry openly any such weapons as hereinbefore described with in criticism is just. I want to say, however, for the gentleman's further tent to unlawfully use the same. information that this bill was prepared in the office of the District nt That is the point to which I wish to call attention, the intent. I torney for this District, and was supposed to be such as in the judg think that the provision expressed in the words.'' with intent to unlaw ment of the District authorities would meet the necessities of the case. fully use the same'' simply provides ajwide-o_pen door of escape for every Mr. ROGERS. I am friendly to the object of the bill; I am simply man who may be disposed to carry these weapons for an improper pur criticising this particular provision. Let me illustrate my objection in pose, because, having the right to testify in the courts of the District, this way: In our State we have a provision of law allowing nny officer he could swear that he did not carry the weapon with an intent to un in the discharge of his duty-for instance, in-the1execution of a writ lawfully use it, and the result would be to furnish an, excuse and a or anything of that kind-to carry these weapons; but we have bad case subterfuge for every rascal who wanted to go about the streets as a after case where officers-sometimes police officers, sometimes United walking arsenal; while, on tile othet hand, a man who ~carri~d the Statesmarshalsortheirdeputies-havecontended that they bad the legal weapons for the same or a far more justifiable purpose, as the case right, whether on duty or off duty, to carry weapons of this kind. I might be, would not perjure himself in order to evade the law. There do not know anyreason why a man simply because he holds an official fore the very class of persons aimed at in this bill would be the class commission should have any privilege to ·carry deadly weapons when who would be given immunity. Now, how much better it would be he is not in the discharge of any public duty. Hence I say that the to use some term which would not enable such persons to escape the provision should confine this privilege to executive officers engaged in law. the discharge of official duty which might possibly mn.ke it necessary· J\1r. GROUT. Will my friend suggest appropriate language? for arms to be carried. . · !iir. ROGERS. Well, I would suggest the provision which is con Of course nobody would interfere with the right of persons connected 1 tained in the statute of our State, prohibiting the carrying of these with the Army or Navy to carry pistols, such as are provided for by things at all as weapons. We prohibit a man from carrying any of the Constitution. . , these things as a weapon at all. We hold that he has no business to I have no prejudice in this matter; I simply desire to cut up by the - ,:ro with his little pistol stuck in his breeches pocket walking about the roots anything like a privileged class whose members are to go strag streets waiting to get into a difficulty, whether by his own fault or by gling around our streets with deadly weapons in the hip pockets of the fault of someone else. I think that provision ought to be adopted their trousers or the breast pockets of their coats. here, because if the object of this bill is a proper one the law should Ur. GROUT. I ask the gentleman whether be would prohibit po be made effective. _ lice officers or officers guarding prisoners from carrying pistols in their Mr. GROUT. So far as I nm personally concerned I do not object pocketa in addition to any other weapons that it might be necessary for to the language suggested by the gentleman from Arkansas. I think . them to carry in open band. · - .... I - it would be perhaps as good as that used in the bill. Mr. ROGERS. I did not catch the gentleman's suggestion. ?.Ir. KERR, oflowa. I will ask the gentleman from Arkansas whether Mr. GROUT. I inquired whether the gentleman would desire to a man could not get off with the same kind of excuse if that provision prohibit police officers, or officers guarding prisoners, or persons en were cont~ined in the law just as well as in the other case? gaged in the e:x:ecu tion of the law from carrying pistols in their pockets. Mr. ROGERS. Not so conveniently or plausibly; because under.the Of course, it could not be necessary for such a person to have an air language of this bill a man might carry a weapon and be able to offer gun, or a blackjack, or a razor, or a razor blade. . . \ '\ 1890. CONGRESSIONAL RECORD-HOUSE. 227 Mr. ROGERS. No,' they would ~ave no business with such weapons. upon his person with the intent therewith unlawfully and maliciously to do in jury to any other person, sluJ.11 be deemed guilty of a misdemeanor, and upon Mr. GROUT. Certainly not. But would you by your amendment conviction thereof shall be sentenced to pay a fine of not exceedin~ Sf;OO and prohibit police officers and. officers guarding prison~rs all:d other per undergo an imprisonmimt by separate and solitary confinement not exceeding sons engaged in the execut~on of the law from carrymg pIStols though one year, or either or both, at the discretion of the court, and the jury trying the case may infer such intent, as aforesaid, from the fa.ct of the defendant car they might not be carried openly? . rying such weapons in the manner as aforesaid. _Mr. ROGERS. , I would not. On the contrary I think the provision Leaving the 'Yhole question to the jury·on the facts of the case. embraced in section 2 allowing this privilege to persons "engaged in the execution of the laws for the protection of persons or property when Mr. RC>GERS. The latter clause of the statute to which the gentle either of such persons are on duty" should be extended. I would al man refers cures to a great extent the defect in the other, for with out that it woul~ be entirely lawful for any and every member of this low the privilege to such persons at any time when engaged in the dis· House to come here with a pistol in his pocket and sit in hi'3 seat here charge of official duty. , , the whole day. He would have perfect right to do so unless be had Mr. GROUT. But I understood the gentleman proposed .to strike a out all after the word ''provided" down to the second proviso. some specific purpose to do wrong. . But, if be can be convicted of the I is Mr. ROGERS. No, sir; I meant to say that I would strike out the 9ffense because the weapon is concealed, admit that as stringent a cl11Sses I have.named-members of the Army, Navy, Marine Corps, or provision of law as can probably be enforced, and very likely is as stringent as the-_ law in that regard to which I have referred iJi the any regularly organized militia company. I would leave in the pro State of Arkansas. • vision with reference to police officers, though I would limit their right But that does not embrace the point to which I have been trying to to carry weapons iii this way to occasions when they are engaged in the dire.ct the attention of the House. The next section of the statutes of discharge of any official duty. . 1 :M:r. GROUT. I think that would be a suitable provision. Arkansas to which I shall refer is as follows: Any person, excepting suc4 officers or persons on a.journey and on their prem Mr. ROGERS. The gentleman will see that by· the terms of the ises as are mentloneain section 1007, who shall wear or carrv any such pistol bill this privilege allowed to police officers is limited to the. occ3sions as is .used in the Army or Navy of the United States, in any manner except when they are "engaged in the execution of the laws for the protec uncovered and iJl his luJ.nd, shall be deemed guilty of a misdemeanor. tion of persoijS or property.'' I would extend tl:!e provision in tnis This statute was passed for this purpose: Immediately after the respect because it seems to me not broad enough to cover, as it should, close of the war, when times were turbulent in that State, it was as the case where an-officer is.charged with the duty of arresting a per common to see a man with a belt and a brace of six-shooters around son who may have already violated the law by committing personal his waist, his belt :filled with cartridges; as it.was to see him with his violence or interferil!g with rights of property. hat on; in fact one was just about as common as the other. A pair of :Mr. BROSIUS. Would not the difficulty suggested by the gentle pistols and Texas spurs formed the equipment of every cowboy. man from Arkansas [Mr. ROGERS] be remedied largely by adding to We determined to break up the practice of carrying weapons in that the first section these words: "with the intent therewith to unlawfully manner, if possible. These people even came into the circuit court do injury to any person?" houses with their weapons on. We wanted to reach the carrying of Mr. ROGERS. No, sir, I think not, because that very section may weapons which might be absolutely prohibited under the Constitution become the means of enabling every scoundrel to enjoy· immunity by and also to prohibit a man from being a walki.Ilg·arsenal day after day, a subterfuge, while it would be an effectual prohibition upon every even if his weapons were constitutional weapons, so to speak. So we honest man. took· into consideration both aspects of the case, first, as to the army l\ir. BROSIUS. Would it not permit an honest man to carry a weapon weapons, making it a misdemeanor to carry them except in a manner for any lawful purpose? . . which would be so inconvenient and awkward that a man would not Mr. ROGERS. But a man who has no regard for his oath would be likely to carry them' at all unless he had special occasion to do so, always find some reason for claiming !-hat be was not carrying the and, second, to break up the carrying of concealed weapons altogether. ' weapon for an unlawful purpose. . _ · So, I think that our State provision in that respect is superior to the l\.fr. BROSIUS. Would not 'that be a question for the jury? Pennsylvania statute. Mr. ROGERS., Certainly; but the jury would have to determine Then, we have.another statute which I will noti·ead now-in view of t.he matter by the evidence, and if the man could·not be contradicted the decision of the Supreme Court in regard to the liquor cases, because they would have to acquit him. · . under that dedsion I do not believe it to be constitutional. Mr. . BROSIUS. Our statute in Pennsylvania contains those words, SECTION4- • and it·bas worked very we11. nut first let me state that we have another provision, as follows: Mr. ROGERS. I think it would be a very unsafe provision in foat Any person who shall sell, barter, or exchange, or otherwise dispose of, or in form. any manner furnish to any person, any dirk or bowie knife, or a sword or a Now, by way of inviting attention to what I conceive to be a proper spear in a cane, brass or metal knucks, or any pistol of any kind whatever, except 'such as are used in the Army or Navy of the United States, and known provision on this subject, I wish to refer to the language of the statute a:> the navy pistol, o·r any kind of cartridge for any pistol, or any person who of my own State, which I have not looked at for some seven or eight shall keep any such arms or. cartridges for sale shall be guiltv of a misdemeanor. years, though at one time I had some experience in its enforcement. This is a provision which has been' construed and upheld by the courts Mr. BROSIUS. Does that refer to minors only? l\Ir. ROGERS. To everybody. They are contraband in the State, of our State: if the law is constitutional, except with regard to weapons used in Any person who shall wear or carry in any manner whatever as a weapon any dirk, or bowie knife, or a sw·ord, or a spear in a cane, brass or metalknucks, war for purposes offensive .or defensive. razor, er any pistol of any kind whatever, except such pistols as are used in Section 5 of the bill is confined to minors, and I .will not read that. t!;ie Army or Navy of the United States, shall be guilty of a misdemeanor. It prohibits the sale of these weapons to minors. That raises another In the case of Haile vs. The State, 38 Arkansas, page 564, which I question that I would not venture an opinion upon without further have not before me, that was construed. It; goes on: consideration, for this reason: If the original-package decision of the Provided, That officers whose duties require them to make arrests or to keep Supreme Court be correct, I cJ,o not see why it would not apply as and guard prisoners, together with the 1>ersons summoned by such officers to well to selling weapons as to · f!_elling packages of whisky in origiual aid them in the discharge of such duties- packages; and hence our statute would be unconstitutional as applied Because it often happens that it is just as important to arm the posse to such articles. It may be that the section of the statute here as comitatusin the discharge of such duties as the officers of the law-. relates to minors might be construed differently, and hence'! make no while actually engaged in such duties are exempted from the provisions of criticism on this ptovision of the bill. , this act: PrO'Videdfurther, That nothing in this act be so construed as to pro :Mr. TURNER, of Georgia. How about the fourth section? hibit any person from carrying any weapon when upon a journey or upon his own premises. l\fr. ROGERS. My friend from Georgia llSks me about the fourth section. The fourth 'section provides as follows: - Now we come, Mr. Speaker, to a very interestin~ aspect of the case presented by this bill when you say that a man shall not carry a pistol SEC. 4. That ~11 such weapons as h.ereinbefore described, which may be taken 1 from persons. offending ag9.inst any of the provisions of this act, shall be deliv· · even when going upon a journey. Suppose, for instance, a man starts ered to the property clerk of the l\Ietropolitan police force of ihe District of Co from the city of Washington to make a journey of, say, a thousand miles, lumbia., and shall be by him destroyed iii such manner as the superintendent and he deems it' safe and prudent that he shall go armed, or suppose ofpolic~ shall direct. , he comes here off a long journey. The question whether we shall go · I have no sort of doubt of the unconstitutionaiity of that, certainly that far in our legislation or not, that is, that we shall go so far as to as applied to army and navy weapons. say ~at a person entering upon a journey or comingoffajourney-:md Mr. TURNER, of Georgia. Not only as to the destroying of the that has been construed by the courts-shall be prohibited from pro weapon, but would it not also be construed ns authority to an officer viding himself with a we.apon of defense, is a nry important one for to search any man he meets? Mr. ROGERS. I can not say from looking at the text of it whatt1e our consideration. . 1 Mr. BROSIUS. Will the gentleman from ~rkansas allow me to read courts would hold with reference to that. I ha.ye some doubt as to whether or not an officer, under this proyision of the statute, without , in this. connection the Pennsylvania statute as beari:Qg/ upon this point? J\fr. ROGERS. Certainly. a warrant, or a writ, or anything of that kind, would have a right to :Mr. BROSIUS. It provides: search·a citizen to see whether he had arms or not; but certainly no Any person within this Commonwealth who shall carry any firea1·ms, slung official in this country bas the power to destroy that wbicli is recog Jhots, handy billy, dirk knife, ;razor, or any other deadly weapon concealed nized by the laws· of the land as property, for instan?e an army or 228 CONGRESSIONAL RECORD-· HOUSE. DECEMBER 8, navy weapon or a man's shotgun, without some sort of process of necesi:iary to have a new series of stamps, to withdraw the old and supply the ~ew .. Th~ rebate ~ill necessitate a ':'ery large amount of additional work, both law; and therefore I have.no doubt about the unconstitutionality of m this office and m. the col!ectors offices; but, as the amount to be paid to a section 4 as applied to that class of weapons. large nu!llber of applicants will doubtless be small, it is presumed that the tax . I believe, M~. Speaker,. that is all I care to say in regard to this payer will not be unnecessarily exacting and will give us sufficient time. With this .in vie'Y and desiring to keep the expenses of the bureau at the lowest bill. I regard it as a very important one; yet, when I come to consider possible pomt, I have concluded that we will be able to do the additional work bow just and how true Uudging alone, of course, from the reports of with.out any furthur appropriations. newspapers) were the observations of the gentleman from Vermont with Very respectfully, reference to the class of indolent and lazy lazzaroni who do nothing ex JOIIN W. MASON, Commissioner. lion. WILLIAM l\IcKINLEY, . 11 cept steal and plunder and commit crimes in the District of Columbia House of Representatives. day after day, week after week, and month after month, I confess that the condition of things here is somewhat anomalous and differs from The bill was·read a first and second time, ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the that in any community in which I hne ever resided before; and it may third time, and pa.ssed. be possible that the remarks ofthegentlemanfrom Texas LMr. MILLS] would have more force inside the District of Columbia, in view of the Mr. McKINLEY moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid upon condition of society here and the character of persons assembled here the table. of that description, than in any of the States of the American Union. The latter motion was agreed to. But I am constrainea to believe that, if this bill was modifj.ed as it should be and made to apply to that class of weapons which the civil CARRYING CONCEALED WEAPONS IN THE DISTRICT OF COLUMBIA. ized worl~ ?~ve _in the main condemned as not evidencing the highest Mr. GROUT. I now yield to the gentleman from Ohio [Mr. GROS· state of c1v1hzat10n and good morals, peace and law-abiding spirit in YENOR]. the community, namely, those weapons which are put in the pockets Mr. GROSVENOR. · .Mr. Speaker, I want to submit one or two ob and carried to be used on t.he spur of the moment whenever some servations upon the general character of this bill. But first I think it offense or imaginary offense has been offered, the law would be a wise may not be improper for me to say that when the gentleman from and a just one. As the bill now stands I could not think of voting Vermont undertakes to illustrate an opinion upon the P!lnding bill he for it. ought not to invade the domain of the courts of tlie District of Columbia. M:r. GROSVENOR. I desire to speak n. moment or two upon one or an~ m:ike a statement not justified by the facts in the case, and one two phases of the bill. · . . which is well calculated to prejudice the trial of a man likely soon to be REilATE ON TOBACCO. pat upon trial for his life. Mr. McKINLEY. I would like to ask the gentleman from Vermont The case referred to was au illustration of the reverse of the gentle [Mr. GROUT] to yield to me for a single moment, while I make request man:s argument. Had the unfortunate man to whom he referred been for unanimous consent for the consideration of what is known as the armedatthetimeoftheassaultupon him, the probabilityis no deadly rebate bill on tobacco. It will take but a moment, I imagine. assault would have been made thereafter. He found himself, in point Mr. GROUT. With the understanding that it is to go through with of fact, without any weapon, and it was that lack of a weapon which out discussion or delay or a roll call, I yield to the gentleman from drove him in a moment of desperation to go a way to his room, where he Ohl~ _ had lawful possessionofa weapon, and to arm himself with it. Noris Mr. McKINLEY. If it takes any time I will withdraw it. he out without bail upon his personal recognizance. On the contrary, The SPEAK~R pro tempore (Mr. ALLEN, of Michigan). The gen under the bperation of a United States statute, which applies in the tleman from Oh10 [Mr. McKINLEY] asks unanimous consent at this State of Vermont just ~sit does in the·Districtof Columbia, he is out time to submit for consideration the bill known as ·the tobacco-rebate upon.bail in the sum of $20,000, which he furnished, for his appear bill. Is there objection? [After a pause.] The Chair hears none. ance in court. Mr. McKINLEY. I ask the Clerk to read the bill which I send to So much for the criticism on the administration of justice in the the desk. District of Columbia. I am sure the gentleman from Vermont would Mr. ROGERS. Let it be read subject to objection. If the gentle not ha_ve made these two statements in the li~ht of the fact that the man from Texas [?i1r. MILLS] or some member of the Committee on case is going to occupy the courts probably within a few days, and he Ways and Means is in his seat, I will not object. would scarcely have stood up in the House of Representatives of the The Clerk read as follows: country and have used language calculated to at least affect unfavot'- ably the position of the man. · A bill (H. R. 12447) to authorize the payment of drawback or r~bate in certain Mr. GROUT. Mr. Speaker, I will say, for the information of the cases. gentleman and the House, that I got my information here upon the Be i.t enacted, etc., That on all original and unbroken factory packages of smoking and manufactured tobacco and snuff, held by manufacturers or deal floor from persons who I supposed had information from an authentic ers at the time the reduced tax a.s provided for in an act to reduce the revenue source. nnd equalize duties on imports and for other purposes, approved October I Mr. GROSVENOR. It is an admitted fact, however, that when 1890, shall take effect, upon which the tax bas been paid, there shall be allowed~ drawback or rebate of the full amount of the reduction, but the samcshall not the first attack was made the defendant was unarmed. apply in any ca.ge where the claim has not been presented within sixt.y days Mr. GROUT. I said nothi.ng about the particular facts in the case. following the date of reduction; and such rebate to manufacturers may be paid I referred to the occurrence. I am glad to learn these facts from the . m stamps at the reduced rate; and no claim shall be allowed or drawback paid for a less a~ount than $.5. It shall be the duty of the Commissioner of Internal gentleman from Ohio. Revenue, with the approval or the Secretary of the Treasury to adopt such Mr. GROSVENOR. Now, Mr. Speaker, there has always been a dif rules and regulations and to prescribe and furnish such blanks and forms as ficulty in framing legislation for the purpose aimed at. What is the may be necessary to carry this act into effect. For the payment of the rebates provided for in this act there is hereby appropriated any money in the Treas - exact purpose of this sort of legislation? It is to prevent a man who ury not otherwise appropriated. is not law-abiding or a .man nota good citizen from carrying concealed Mr. MILLS. I hope that bill will be passed at once. It is right. weapons for an unlawful purpo::;e. I do not believe thatanenactment is constitutional in this country that forbids me to carry a pistol openly . The ~PEAKER pro tempore. Is thert!I objection to the present cou s1deration of the bill? [After a pause.] The Chair hears none. or concealed, if I carry it for the purpose of self-defense unde~ proper Mr. McCREARY. I would like simply a word of explanation from constitutional limitations. Under the use of the terms here in this the gentleman who reported the bill. first section, the operation of this act is limited to the things named. I Mr. :McKINLEY. I will say, Mr. Speaker, that'this provision which think I have never seen a statute so compact in form that contained so I now offer p~ed the House when we were considering the tariff bill much that was inadequate and so much that was vicious as this statute does. It limits the designation of an unlawful weapon to certain things .at tbe :first session o~ t.he present Congress. It was agreed upon in con 11 ference and was omitt.ed by the enrolling clerk. which a.re named in the statute, because the te:rm ''dangerous weapon JI.Ir. McCREARY. That is satisfactory. will not be enlarged 'Qy construction by court. Mr. McKINLEY. Bearing on this question, I ask the Clerk to read The court of appeals of New York held that a statute which made it the following letter. a crime to assault another with a pistol, bowie knife, or other danger The Clerk read as follows: ous or deadly weapon was not violated by stabbing with :,i. pitchfork notwithstanding the record showed that a pitchfork was a weapon of TREASURY DEPARTllENT, OFFICE OF lNTERN~L RE"vENUE Washington, D. 0., Decembe1· 5, lsOO. the most deadly character, because it was held that it was a "class of Sm: I am in receipt of your verbal message through l\Ir Collins chief of weapons,, that was inveighed against. So a court in Ohio held, under the stamp Eli vision in this bureau, and in reply would say that if a' bill is to a statute when the language was "other dangerous weapon ,, that the be passed allowing a. rebate of 2 cents per pound on tobacco and snuff in the ~rying of a razor was not a violation of that statute, be~use razors hands ofmanufac~urers and dealers on the ~st day of January, 1891, whfoh have b~en before that time du.ly stamJ?ed accordmg to law, I beg to suggest that the d~d not belong to that class of weapons to which a pistol, bowie knife, bill be pas.'!ed at t.he earliest possible moment. This office would desire to take dirk, etc., belonged. So this statute undertakes to make a limitation, the necessary steps to ascertain the amount of tobacco and snuff in the hands and the limitation will be found to embrace all that that statute em ~~~f~~~~t~~e:.and dealers at that date, and very little time now remains to braces. The amount of money which will be required to pay this rebate can not of Now, it is proposed to make it a penitentiary offense and felony to course, be ascertained with any great accuracy. It is believed however 'by carry a pistol, IIo matter for what purpose. I do not believe that such those w~o have given the subject considerable thought and have hiade such in vestfgo.hons and examinations as are practicable that it will require a. bout a statute can be enforced under the Constitution of the United States. 81,000,000. The change in the law heretofore passea1 reducing the tax made it I do not believe that the provision in the Constitution of the United · 1890. CONGRESSIONAL RECORD-HOUSE. 229 States ever intended, nor has there ever been a construction of a. court affirmed, and to-day, as I have said: its operations are successful and put upon it, that, in order that I may be allowed to defend myself satisfactory. against a threatened assault, I shall be compelled to carry a cannon, a Mr. BLOUNT. The gentleman from Texas [Mr. LANHAM] and musket, or a saber; and the who.le question must be put in such a the gentleman from Arkansas [Mr. ROGERS] have called attention to shape that it shall apply to unlawful carrying, carrying for an unlaw statutes of their respective States on this subject. I shall therefore be ful purpose; and of course that may be presumed in a great many pardoned if I read from a decision of Chief Justice Lumpkin, of Geor ways. · gia, one of the most l~arned and revered jurists of our State: Under our vagrant laws the vagrant is supposed to be carrying The right of the people peaceably to assemble and petition the Government woopons fop an unlawful purpose if be is found armed. There ought for a redress of grievances; to be secure in their persons, houses, papers, an'1 to be no statute draughted where there would not be a complete de· effects against unreasonable seart!hes and seizures; in all criminal prosecutions to be confronted "'·ith the witness against them; to be publicly tried by an im fense to the alleged criminal act to show the necessity for carrying the partial jury, and to have the 8.l!Sistance of counsel for their defense is as per weapon. My life is threatened. It is said to me that if I go to a cer fect under the State as the National Legisluture, and can not be vio!ated by tain poin_t in the city of Washington I shall be assaulted. lt is a very either. Nor is the right involved in this discussion less comprehensive or valuable. strange statute that would force me to commit a felony if I want to "'l'he right of the people to bear arms shall not be infringed." The right of carry a weapon in my pocket, and would bring me to the necessity of the whole people, old and young, men, women, and boys, and not militia onlyJ either being driven off the street of my city, or stand in the attitude to keep and bear arms of every description, and not such merely as are usea by the militia, shall not be infringed, curtailed, or broken in upon in the smallest of retreating from a cowardly assault, or else carry a musket on my degree; and all this for the important end to be attained, the rearing up and· shoulder. qualifying a well-regulated militia, so vitally necessary to '. the security of a free Mr. GROUT. If the gentleman from Ohio will allow me, I will State. Our opinion is that any law, State or Federal, is repugnant to the Constitution state that the gentlemau from Texas bas called my attention to an and void which co:itravenes this right originally belonging to our forefathers, amendment which I shall accept and which, I think, will cover this trampled under foot by Charles I and his two wicked sons and succes~ ors, re· feature. established by the revolution of 1688, conveyed to this land of liberty by the col onists, and finally incorporated conspicuously in our own Magna Charta. And l\ir. GROSVENOR. That is all right, then. I am in favor of tho Lexington, Concord, Camden, River Raisin, Sandusky, and tho laurel-crowned general purpose of the bill. tield of New Orleans plead eloquently for this interpretation; and the acquisi Now, then, I do not think that this confiscation in section 4 can be tion of Texas may be considered the full fruits of this great constitutional right. We are of the opinion, then, that, so far as the act of 1837 seeks to suppress the enforced. I think that is so much language thrown away. A man is practice of carryini: certain weapons ·secretly, it is valid, inasmuch as it does arrested. He has found upon his person a revolver. According to the not deprive the citizen of his natural right of self-defense or of his constitu terms of this statute it can be destroyed instantly, and afterwards be tional right to keep and bear arms; but that so much of it as contains a pro· hibition age.inst bearing arms openly is in conflict with the Constitution and may be acquitted upon one of several defense3, and thereupon you have void; and that, as the defendant has been indicted and convicted for <>arrying a got his property, and you have destroyed property upon which perhaps pistol without charging that it was done in a concealed manner under that por he has paid taxes. Certainly the article is recognized as property under tion of the statute which entirely forbids its use, thejudgment of the court be· low must be reversed and the proceedings quashed. ~he laws of the country, and that property has been destroyed without him having a day in court. He is d~ :""!ited of title, and his property is Now, Mr. Speaker, the law as announced in this decision bas been destroyed with out In.w, which is unconstitutionai everywhere·and ought the lawofour State from the beginningofourconstitutionalhistory until to be so. the present time, and society there bas been amply guarded against the I think it is unwise to.pass legislation that will first be of doubtful evils which gentlemen seem to think can only be reached by a meas constitutionality, second of doubtful interpretation, and thirdly of ure such as is here proposed. We have never felt any necessity for de doubtful expediency. . parting from the early and sound interpretations of the Constitution. Mr. LANHAM. Mr. Speaker, I desire to offer an amendment to I am not willing, by the adoption of the second section of this bill, to come in at the end of section 2 of this bill. take a less liberal view of the constitutional guaranty with reference The amendment wa'3 read, as follows: to the people of this District than was announced by this distiuga ished Add the following words to section 2: judge as the law of our State. I move, therefore, that the second sec "Nor to apply to any person who has reasonable ground for fearing an un tion of the bill be stricken out, and I ask that the section may be read. lawful attack upon his per.3011 and the danger is so imminent and threatening as not to admit of the arrest of the party about to make such attack, upon legal The second section of the bill was again read. process." The SPEAKER. The question is on the amendment proposed by the gentleman from Texas. Mr. LANHAM. Mr. Speaker, the amendment which I have pro .Mr. ROGERS. I would like to have the attention of the gentleman posed is in the exact terms of the statute of my State inhibiting the from Vermont [Mr. GROUT] for a moment. It is perfectly manifest, unlawful carr.ving of arms so far as it relates to the question of bear from the criticisms that have been made on this bill, that no measure ing arms in self-defense, and that statute has operated most successfully which we may now mature in the House is going to reach the evils in the State of Texas, so that to-day our laws against carrying arms aimed at without coming in collision with the Constitution somewhere. are as well and thoroughly enforced as perhaps anywhere in tuis I think it would be wise, therefore, to have the bill recommitted, so American Union. We h~ve in our Constitution this provision: that it may be reframed in accordance with the suggestions which Every citizen shall have the right to keep and bear arms in the lawful de have been made here in debate. · fense of himEtelf or the Stnte; but the Le~islature shall have the power, by law, to regulate.the wearing of arms with a view to pre,·ent crime." Section 4 of the bill is unquest.ionably unconstitutional. Section 5 is equally so under the decision which has been read by the gentleman We have in Texa.s a most comprehensive statute upon this subject, from Georgia [Mr. BLOUNT]. One of the objects of the constitutional am.1 I think if that statute could be substituted, with appropriate guaranty in reference to the right to bear arms was to have a ·well cbanges in the language so as to make the samP. appli<;able to the regulated militia, that our young men might be trained to a familiarity District of Columbia, for the bill now under consideration it would be with the uRe of firearms, not only guns, but every class of weapons used rnally better than the bill offered to us by the committee. I desire to in the Army and the Navy. That consideration, of course, Ehows sec read the statute of Texas on this subject, in order to show the applica- tion 5 to be unconstitutional. Section 2 is unsatisfactory-wholly un tion of the amendment which I have proposed. The statute in part satisfactory-unsatisfactory to the gentleman from Vermont himself. reads as follows: I think that a By effort we niay make to mature this· bill in the IJouse If any person in this State shall carry on or about bis person, saddle, or in will end in failure. I submit, therefore, it ought to be recommitted bis saddlebags any pistol, dirk, dagger, slungshot. swordcane, spear. brl\8s t b &- d b th 'tt t f th "d h' h h knuckles, bowie knife, or any other kind of knife manufactured or sold for pur- so as o c con1orme y e comm1 ee o some o e I eas w IC ave poses of offense or defense1 he shall be punished by fine of not less than ~25 nor been 'suggested here looking to the curing of the evils complained of. more. than $100,and in addition thereto shall forfeit to thec~unty i!l which he iii .Mr. GROUT. As to section 2 the committee, or those members who convicted the weal?on or weapon~ so carrie_d: . The preceding article shall not are present have agreed upon an amendment to be inserted in line 17 apply to a person m actual service as a m1ht1aman, nor to a.pence officer. or . . ' . . . . . policeman, or person summoned to his aid, nor to a revenue or other chriJ wluch will, I thrnk, meet the cnt1c1sms of gentlemen on that pomt offi~er engaged ~n the discharge of official duty, nor to the c~1'1'.ying of arms on Iand make the provision satisfactory. ones own prenuses or place of business, nor to persons trM elmg, nor to one- As to the amendment proposed by the gentleman from Texas [Mr. And here is where my amendment, comes in- LANHAM], the committee see no objection to it, but think it may nor to one who has reasonable ground for fen ring nn unlawful attack upon properly enough be incorporated in the bill. Since the Chair has stated his person and thedanger is so imminent and threRtening a!l not to admit of the th~ question to be on that amendment I ask tbattbesense of the House arrest oftbe party about to make such attack, upon legal process. be taken upon it. ' Now, I am in favor, Mr. Speaker, ofthegeneralpurposeofthisbill, and The question being taken on the amendment of Mr. LAXHA:'!I, there believe that, with the amendment proposed, it will snbstantiallyaccom- were-ayes 37, noes 16. plisb theend intended as well as sufficiently guard the rights of theciti- J\Ir. SPINOLA. No quorum. zen. The courts in my State have construed the provision of the Con- Mr. GROUT. I ask unanimous consent that this bill be laid aside stitution which I have read, as well as the statute from which I have informally-- quoted, and nowhere in their decisions is it denied that the State has Mr. BLOUNT. I object to laying it aside. the authority to regulate the carrying of weapons and enforce the same The SPEAKER. '!'he point is made that there is no quorum. by suitable penalties. In order to bring about proper conditions of law Mr. SPINOLA (to Mr. GROUT). You bad better disembowel the and good order, it has been found necessary in that State to adopt the bill. statute which I have read. Its constitutionality has be~n judicially Mr. BLOUNT. There will be no objection, I presume, to withdraw- 230 CONGRESSIONAL RECORD-HOUSE. DECEMBER 8, ing the point which has been made if the gentleman from Vermont will aminers, to be known as the board for the examination of steam engineers, composed of the inspector of boilers of the District of Columbia. and two prac· consent that the bill be recommitted, so that it may receive further con tlcal engineers, a.11 of whom shall have had not less than ten yea.rs' experience sideration in committee. a.s such enirineers and who shall be appointed by the commissioners of the Mr. GROUT. I had accepted in good faith the proffered assistance District of Columbia., and shall hold such ofl:lce during the pleasure of said com· missioners. Licenses shall be issued by the same commissioners upon the writ of my friends on the other side of the House toward perfecting this ten statement of the members of said board, setting forth t.he qualification of bill. the applicants. All steam engines, boilers, and steam plants shall be subject to Mr. CA.RUTH. It would take too much time. examination, tests, repairs, alterations, and modifications as said boa.rd shall prescribe. All persons licensed under the provisions of this act shall be graded Mr. GROUT. We have done our best to meet their views, so as to and classified a..ccordi ng to the capacity and horse power of steam engines, boil xnake the bill not only an effective but a prudent measure. Now, ers, or steam plants of which they shall be found competent to have charge, to when gentlemen on the other side raise the point of "no quorum" or wit: Class !, any horse power; class 2, from l·to 75 horst< power; ·class 3, from 1 to insist that the bill be recommitted we can hardly understand the pro 25 horse power. The license herein provided for shall be for the period of one ceeding. year from the date of issue. Mr. BLANCHARD. It is done in the utmost good faith. SEO. 3. That the board of examiners of steam en~inoers shall have power to administer o~ths in the performance of their duties imposed upon said boa.rd Mr. GROUT. If gentlemen insist upon it, we will consent that the by this act. They a.re hereby empowered to enter any :place or premises wherein bill go back to the committee, and it will be the first bill we shall call any steam engine, boiler, or other steam plant requirmg a licensed engineer to up some day when the House is fall. operate the same is located or used, except United States property, to make such examination as they shall determine; and any person or persons who shall Several :J\1El\IBERS. That is right. · obstruct or in any way interfere with the said board of examiners or any mem Mr. BLOUNT. The gentleman speaks ofnot understanding the pro ber thereof in th" performance of the duties prescribed by this act, or any per ceeding on this side of the House. son or persons, association, or company, or corporation using defective steam engine, steam plant, or appamtus after being notified by said board of such de The SPEAKER. Is the point of "no quorum" withdrawn? fects, and failing to make such modifications or repairs as shall be prescribed, Mr. BLOUNT. The gentleman from Vermont has taken occasion to shall be liable for the penalty prescribed in section 8 for each offense. Ilut any make reflections on this side of the House for resorting to an ordinary person or persons, association, or company, or corporation who shall !"eel a.g· grie,·ed by the decision of the board of examiners, acting in pursuance of this parliamentary course of procedure. section, shall have a right of appeal to the commissioners of the District, who Mr. GROUT. Wel1, withdraw your point and let the bill go back shall promptly decide such appeals, and in case they 11hall affirm the decision to the committee. of the said examiners the appellant shall pay the costs of such appeal. Sxc. 4. That each member of the board of examiners of steam engineers Mr. BLOUNT. I have no objection to doing that, but I wish to re shall receive compensation at the rate of 5300 per annum, and the commission· pel the intimation that there has been on our side any lack of faith. ers of the District of Columbia shall include in their annual estimates such I despise the spirit which, as soon as resistance is manifested to a pro amounts as shall be needful for all expenses of said boa.rd. The said board shall meet for the examination of candidates for licenses as engineers and for posed measure, sees fit to attack gentlemen for exercising on this floor such other business as may pertain to their duties a.s oft.en as necessary, but their ordinary parliamentary rights. said meetings must be held at least once a week. Mr. CARUTH. I would like to know whether the gentleman has SEC. 5. ~hat all persons who shall apply for license as steam engineer must be twenty-one years of age or over and of good and temperate habits; must any concealed weapon about him. [Laughter.] have the application in writing, to which must be attached a certificate of Mr. GROUT. I appeal to tho gentleman from Georgia to withdr::i.w character and moral ha.bits, -signed by at least three citixena of the District of , the point. Columbia., themselves of moral standing. SEC. 6. That the fee for a. license for a steam engineer shall be $1, which shall Mr. BURROWS. The point of order has been withdrawn. be deposited in the Treasury a.s all other revenues of the District of Columbia. :Mr. BLO lJNT. The point oforder was withdrawn on condition that The expenses and compensation of the present boa.rd of examiners of steam the motion is made to recommit the bill. engineers sha.ll be paid from the license fees now in possession of the commis sioners of the District of Columbia, after which the balance shall be deposited . Mr. GROUa'. Then I move that this bill be recommitted to the in the Treasury as 1·evenues of the District. Committee on the District of Columbia. SEO. 7. That any licensed steam engineer of the District of Columbia who is The motion was agreed to. found under the influence of intoxicating liquor while on duty shall, for the first offense, have his license revoked for six months, and for the second of· STREET-CAR SER.VICE, FOURTEENTII STREET. fense twelve months, and for the thiru offense. or for misconduct, inefficiency, and neglect, shall have his license revoked and be debarred from following :Mr. GROUT. I now call up the bill (II. R.11407) to improve car serv the occupation of a. licensed engineer in the District of Columbia for a period ice on Fourteenth street extended. ot two years. The bill was read, as follows: S EC. 8. Thnt any person or persons, owner or lessee of a stationary steam boiler or engine, or the president, manager, or secretary of any association, cor Be it enacted, etc., That on and Rfterthe expiration of thirty days after the ap poration, or company who shall employ a person Q.S steam engineer who has proval of this act the Washington and Georgetown Railway Company shall not been regularly licensed to act as such shall, on conviction thereof by the run or cause to be run in such manner as its cars are run on Fou:i;teenthstreet, police court of the District of Columbia., be fined s:;o, and in default of payment west all and every one of its cars which run on the said Fourteenth street, from of such fine shall be confined for the period of one month in the workhouse the point dn the said street where they now stop on and in a. continuous trip to of the District of Columbia.: Provided, '.rha.t boilers used for steam heating or the end of its line which is laid through what 1s known as Fourteenth street cooking where the water returns to the boiler without the use of a. pump and extended. injector,'or inspirator, and which are worked automatically in private dwellings That if the said railroad company shall neglect or refuse to comply with the only, shall be exempt from the provisions of this section. provisions of this act within the thirty days named, and thereafter so long as SEC. 9. That any person violating any of the provisions of section 1 or sec its cars are operated on the said Fourteenth street, it shall forfeit 5500 for each tion 2 of this act shall be subject to n. fine of $25 on conviction by the police day of such refusal or neglect, said forfeiture to be collected by suit age.inst court of the District of Columbia, and in default of payment of such fine shall said company in the name of the United States, in the supreme court of the Dis· be confinE'ld for the period of one month in the workhouse of tho District of Co· trict of Columbia. lumbia. SEO. 2. That for this car service continuing along Fourteenth street extended Sxc. 10. That an net passed February 28, 1887, entitled "An act .to regulate no additional fare shall be collected. eteam engineering in the District of Columbia" be, and the srune is hereby, SEC. 3. That all acts and pa.rte or acts not consistent with this act are hereby repealed. repealed. The committee recommend the adoption of the following amend- Mr. GROUT. Now, I ask unanimous consent to consider the bill m9b: · in the House as in Committee of the Whole. In section l, line 3, strike out "thirty 11 and insert "sixty." In line 6 strike The SPEAKER. Is there objection? out .. all and every 11 and insert "each alternate;" also, in line 12 o! the same There was no objection. section strike out ''thirty" and insert "sixty." Mr. VAUX. I would like to have the Clerk ,read the .first section The amendments recommended by the committee were adopted. of the bill again. I think there are two exceptions, and, as I under The bill as amended was ordered to be en~rossed and read a third time; stand it, it would leave it a matter of construction whether under its and beingengrossed, itwasaccordingly read the third time, and passed. provisions locomotive engineers would not also come. The 8PEAKER. The section will be again read. REG"'CLATIO~ OF ST.EAJll-EXGINEERING :Di DISTRICT OF COLmUBIA. Section 1 was again reported. Mr. GROUT. I call up for present consideration the bill (H. R. Mr. VAUX. It provides that it shall not apply to persons in charge 10786) to regulate steam-engineering in the District of Columbia. of boilers on any boat or ship. Bat as to whether it applies to loco- This bill although on the House Calendar I see carries an appropria motive engineers is probably a question. . tion and should properly have its first consideration in the Committee of The SPEAKER. The Chair would suggest that it is in the alterna the Whole House on the state of the Union, if the point was insisted tive. The question is on the engrossment and thirdrea.dingofthe bill on. I ask unanimous, consent that it be considered in the House. just read. Mr. HOLMAN. I hope the bill will be read before that r~qnest is The bill was ordered to be engrossed and read a third time· anu submitted. being engrossed, was accordingly read the third time, and passed: • The SPEAKER. The bill will be read. The bill was read, as follows: ENROLLED DILLS SIGNED. Be it enacted, etc., That it shall be unlawful for any person or persons to have charge of a steam plant or stationary engine in the District or Columbia who Ur. KENNEDY, from the Committee on Enrolled Bills, reported that shall not have been regularly licensed by the coilllllissioners thereof as herein they had examined and found truly enrolled bills and a joint resolution pro'l'ided. United States licensed engineers and licensed engineers of any State of the following titles; when the Speaker signed the same: shall not be exempt from this section, except those acting as engineers in build ings or grounds owned or controlled by the United States Government; but A bill (S. 2237) providing for the mainfonance of discipline among this act shall not apply to persons in charge of locomotive engines or boilers on customs officers; ' any boat or ship. A bill (H. R. 9707) to deta.ch the county of Grayson, in the State of SEC. 2. That all persons who shall be in charge of steam engines, boilers, and steam plants, except as herein otherwise provided for, shall be licensed as en Texas, from the northern and attach it to the eastern judicial district gineers, and their qualifications as such shall be determined by a board of ex- of said State; aud 1890. CONGRESSIONAL RECORD-HOUSE. 231 Joint resolution (S.132) to authorize the Secretary of War to issue and for the discharge of the Committee of the Whole. It en.Us for ::i. 1,000 stand of arms to each of the States of North n.nd South Dakota, relinquishment of title for land. Wyoming, Montana, and Nebraska. The SPEAKER. The gentleman asks unanimous consent to dis charge the Committee of the Whole and to consider the bill in the ORDER OF DUSINESS. House. Is there objection? Mr. GROUT. I have some other matters here, :Mr. Speaker, which M:r. HOLMAN. Does it involve any appropriation of money? will probably require consideration in the Committee of the Whole, l\fr. GROUT. No, it does not. It is simply to perfect their title to but I think I will ask consent that they be considered in the House. land. The SPEAKER. The gentleman had better submit the bills sepa The SPEAKER. The Chair hears no objection. rately and the request for unanimous con~ent can be made as each bill The bill was ordered to a third readin~; and it was accordingly read is read. the third time, and pass.ed. SITE FOR NEW TRUCKHOUSE1 DISTRICT OF COLUl\IBIA. SANITARY EKGINEER, DISTRICT OF COLUMBIA. Mr. GROUT. I call up for present consideration the bill (S. 3841) Mr. GROUT. Mr. Speaker, I call up the bill (S. 11) authorizing the to authorize the commissioners touse and occupy as a site for a truck appointment ot a sanitary engineer in the District of Columbia, and for house the space at· the intersection of Fourteenth and C streets and other purposes. . Ohio avenue, northwest. The Clerk read a.s follows: The bill was read, as follows: Be it enacted, etc., That the commissioners of the District of Columbia and their Be it enacted, etc., That the oommissioners of the District of Columbia are successors be, and tlley hereby are, authorized and empowered to make, modify, hereb;y authorized to use and occupy as a. site for a truckhouse the space formed and enforce regulations governing plumbing, house drainage, and the ventila by the intersection of Fourteenth and C streets and Ohio avenue, northwest. tion, preservation, and maintenance in good order of house sewers and public sewers in the District of Columbia, and also regulations governing the examina The SPEAKER. Is there objection to the present consideration of tion and registration of plumbers and the practice of the business of plumbing in the bill in the House? said District; and any person who sho.ll neglect or refuse to comply with the re quirements of the provisions of said regulations after ten days' notice of the There was no objection. specific thing or th1ngs required to be done thereunder within the time limited Mr. ROGERS. I hope the gentleman from Vermont will explain ·by the commissioners for doing such work, or as the said1 time maybe extended this bill. by said commissioners, shall be punishable by a fine of from twenty-five to two hundred dollars for each and every such offense, or in default of payment of fine Mr. GROUT. I think it can be made more readily by reading the to imprisonment for thirty days. report, and perhaps as satisfactorily as in any other way. I ask the Sxc. 2. That the said commissionersoftheDistrictof Columbia and their suc Clerk, therefore, to read the report. cessors be, and they hereby are, authorized and empowered to appoint an in spector of plumbing and such number of assistants as they deem necessary. not The report (by Mr. POST) was read, as fol1ows: exceeding four, in and for the District, whose duty it shall be, under the direc The Committee on the District-of Columbia., to whom was referred the bill tion of said commissioners, and they are hereby empowered accordingly, to (S. 3&U) to authorize the commissioners to use and occupy as a site for a truck inspect or ca.use to be inspected all houses when in course of erection in said house the space at the intersection of Fourteenth and amended by striking out in line 16, page 1, the words "twenty-five" and in l\Ir. BURTON. .My impression is that they receive $1,200. There serting the word" ten." 8econd. As this act can not go into efiect until after the annual appropria is a great deal of detail involved in this bill, and I am not positive, ex tions for the District are made, it will be necessary to mn.ke provisions for the cept that there is but one additional officer. salaries of inspectors during the first year. 'Ve therefore recommend that sec Mr. HOLMAN. Then, I understand the only object of this bill is tion 3 be amended by adding thereto: "And to provide for the paymeut of such salaries during U1e first year, under to give them another assistant inspector, and I take it for granted that the operation oft.his act, there is hereby appropria.ted the sum of $6,800, or so the action of the committee is entirely proper; but I hope, in view of much thereof as may be necessary, one-half to be pnid out of the Treasury of a tendency to increase the appropriations for this city, that there will the United States aud the other half from the reveuues of the District of Co lumbia." be no increase in any of those salaries. · 'Vhen so amended, the committee recommend tba.t the bill pass. Mr. BURTON. That is a matter which is certainly under the con Mr. VAUX. Mr. Chairman, I .would like to ask the gentleman who trol of the House. The provision is made for a salary for the first bas charge of the bill whether he does not think it would be worth year, and the committeewould have no objection to having that stricken while to strike out the imprisonment clause. · out. Mr. GROUT. I yield to the gentleman from Ohio [!\.fr. BURTO~] to Mr. HOLMAN. But my friend well ,knows that it will become per take charge of the bill. He reported it (ln F. W. BROWN, ..A.D::\IINISTRATOR OF B. W. HERBERT, ·DECEASED, VS. REPOR'fS OF COMMITTEES. THE UNITED STATES. . Under clause 2 of Rule XIII, reports of committees were delivered A communication from the assistant clerk of the Court of Claims, to the Clerk and disposed of as follows: transmitting the findings filed by said court in the case of F. W. Brown, Mr. STONE, of Kentucky, from the Committee on War Claims, re administrator of the estate of B. W. Herbert, deceased, vs. The United ported favorably the bill of the Senate (S. 371) for the relief of the Mo States-to the Committee on War Claims. bile :Marine Dock Company, accompanied by a report (No. 3253)-to DEFICIENCY PAY.l\IENT OF AR:\IT' AND NAVY PENSIONS. the Committee of the Whole House. A communication from the Secretary of the Treasury, transmitting Mr. CULBERTSON, of Pennsylvania, from the Committee on War an estimate of the amount necessary to supply the deficiency for the Claims, to which was referred the bill of the House (H. R. 4011) for payment of army and navy pensions for the current fiscal year of the relief of John M. Sammis, a citizen of Florida, reported, as a sub $34,500,000-to the Committee on Appropriations. stitute therefor, a bill (H. R.12446) for the relief of John S. Sammis; which was read twice, and, accompanied by a report (No. 3255), re ANSUAL ~EPORT OF TIIE INTERSTATE COMl\IERCE COl\Il\llSSION. ferred to the Committee of the Whole House. A communication from the acting chairman of the Interstate Com Mr. MILLIKEN, from the Committee on Public Buildings and merce Commission, transmitting the fourth annual report of that Com Grounds, reported favorably the bill of the Senate (S. 544) to provide mission-to the Committee on Commerce, for the purchase of a site and the erection of a public building thereon PEPPERELL COVE, MAINE. at Bar Harbor, in the State of Maine, accompanied by a report (No. 3256)-to the Committee of the Whole House on the state of the Letter from the Secretary of War, transmitting, with a letter from Union. the Chief of Engineers, a report of the examination and survey of Pep perell Cove l\Iaine-to the Committee on Rivers and Harbors. BILLS AND JOINT RESOLUTIONS. LOW.ER COLUMBIA. RIVER.1 OREGON. Letter from the Secretary of War, transmitting, with a letter from Under clause 3 of Rule XXII, bills of the following titles were in the Chief of Engineers, report of the examination and survey of the troduced, severally read twice, and referred as follows: Lower Columbia River, Oregon-totheCommitteeonRivers and Har By Mr. LODGE: A bill (H. R. 12440) providing for the appointment bors. of a professor of chemistry in the Navy-to the Committee on Naval DAY RIDGE CIIA~NEL, NEW YORK IIARBOR. Affairs. By :Mr. EZRA B. TAYLOR: A bill (H. R. 12441) to confer certain Letter from the Secretary of War, transmitting, with a letter from p'1wers on the Secretary of War-to the Committee on Commerce. the Chief of Engineers, a report of the examination and survey of Bay By :Ur. MORSE: A bill (H. Il. 12442) to prohibit the sale oft.obacco Ridge Channel, New York Harbor-to the Committee on Rivers and to, or its use by, minors under sixteen years of age in the District of Harbors. Columbia-to the Committee on the District of Columbia. PISCATAWAY CREEK, VIRGINIA. By Mr. TAYLOR, of Illinois: (A bill H. R.12443) to provide for the Letter from the Secretary of War, transmitting, with a letter from erection ofa Government building at Chicago, Ill.-to the Commit the Chief of Engineers, a report of the examination and survey of Pis tee on Public Buildings and Grounds. cataway Creek, Virginia-:-to the Com~ittee on Rivers and Harbors. By .Mr. LEE: A bill (H. R. 12444) to incorporate the National Con servatory of Music of America-to the Committee on the Library. SAN SIIl!EON BAY, CALIFORNIA. By Ur. BLAND: A bill (H. R. 12445) to authorize the issue of legal Letter from the Secretary-of War, transmitting, with a letter from tender notes to meet any deficiencies in the revenues-to the Commit the Chief of Engineers, a report of the examination and survey of San tee on Ways and Means. Simeon Bay, California-to the Committee on Rivers and H~bora. By Mr. SMITH, of West Vuginia: A bill (H. R.12448) granting re UPPER ll!ACHODOC CREEK, vmGINIA. lief to West Virginia State troops-to the Committee on Invalid Pen sions. Letter from the Secretary of War, transmitting, with a letter from By Mr. CHEATHAM: A bill (H. R. 12449) to provide for a citaw the Chief of Engineers, a report of the examination and survey of Upper back or rebate af 2 cents per pound on all original and unbroken factory Macbodoc Creek, Virginia-to the Committee on Rivers and Harbors. packages of smoking and manufactered tobacco and snuff held by man CHA.ll!PLIN'S CREEK, NEW YORK. ufacturers or dealers at the time of the reduction of said tax from 8 to Letter from the Secretary of War, transmitting, with a letter from 6 cents, to wit, 6th October, 1890-to the Committee on Ways and the Chief of Engineers, a report of the examination and survey of Means. Champlin's Creek, New York-to the Committee on Rivers and Har CHANGE OF REFERENCE, bors. Un'der clause 2 of Rule XXII, the following change of reference WABASH RIVER, INDIAN A. was made: . Letter from the Secretary of War, transmitting, with a letter from A bill (II. R. 12293) to grant a pension to Major General .. Franz the Chief of Engineers, a report of the examination aud survey of Sigel-Committee on Military Affa.il'<.! ·discharged and referred to the Wabash River, Indiana-to the Committee on Rivers and Harbors. Committee on Invalid Pensions. ll!ISSISSIPPI· RIVER AT WA.RSA. W, ILL. PRIVATE BILLS, ETC. Letter from the Secretary of War, transmitting, with a letter from the Chief of Engineers, a report of the examination and survey of the Under clause 1 of Rule XXII, private bills of the following titles Mississippi River at Warsaw, Ill.-to the Committee on Rivers and were presented and referred as indicated below: Harbors. By Mr. ANDREW: A bill (H. R.12450) for the relief of Bessie D. YOUNG'S BAY CHANNEL, COLUMDIA. RIVER. Laighton, administratrix of the estate of the late William F. lr.l.ighton to the Committee on Claims. Letter from the Secretary of War, transmitting, -with a letter from By Mr. BAKER: A bill (H. R. 12451) for the relief of Wilbur F. the Chief of Engineers, a report of the examination and survey of Flint, late second lieutenant, Company B, Tenth United States Heavy Young's Bay Channel, Columbia River-to the Committee on Rivers Artillery-to the Committee on Military Affairs. and Harbors. By ]')fr. BECKWITH: A bill (H. R. 12452) for the relief of W. D. C. Rodrock-to the Committee on War Claims. RESOLUTIONS. By Mr. BELKNAP: A bill (II. H. 12453) for the relief of C. De Haas-to the Committee on Military Affairs. · ... Under clause 3 of Rule XXII, the following resolution was intro By Mr. BLANCHARD (by request): A bill (H. R.12454) for the re duced and referred as follows: lief of Jacob A. WoWion-to the Committee on War Claims. By Mr. STEWART, of Georgia: By Mr. BOUTELLE: A bill (H. R.12455) granting an increase of Whereas there exists in the country a financial crisis affecting most injuri pension to Franklin C. Adams-to the Committee on Invalid Pensions. ously its bnsiaess interests, and as a relief therefrom many of our people con By Ur. BRECKINRIDGE, of Kentucky: A bill (II. R.12456)forthe tend that the circulating medium of our country should be increased; and Whereas among other met.hods of relief the following have been suggested: relief of Eliza Bowman Major Reid, of Kentucky-to the Committee on Free coinage of silver, the issuing of not less than $200,000,000 of legal-tender Pensions. . notes for the redemption of bonds and for the payment of obligations against By Mr. CARUTH: A bill (H. R. 12457) granting an increase of pen· the Government, the repeal of the 10 per cent. ta.x on the issues of currency by banks, the taking of i·ea.1-estn.te security on loans made by national banks; sion to Thomas J. Polly-to the Committee on Pensions. ::-J6 Also, a bill (H. R.12458) granting a pension to l\iilton C. Tully-to '''hereas the financial policies of this Government are regulated by Congres the Committee on Pensions. sional action: Therefore, Bo it 1'esolved, That the Committee on Banking and O=ncy a.re instructed By Mr. CASWELL: A bill (H. R.12459) to increase the pension of to consider the financial condition of the country and report by bill or other Eunice Samlers, widow of Horace T. Samlers, late colonel of the Nin., wise such measures of relief as shall meet the present conditions; teenth Regiment of Wisconsin Volunteers-to the Committee on Invalid to the Committee on Banking and Currency. - Pensions. 1890. CONGRESSIONAL RECORD-HOUSE. 235 By Mr. CATCHINGS: A bill (H. R. 12460) for relief of Marcella M. Also,_petition of Boylston Insurance Company and 115 others, in Davis and Mary A. Davis-to the Committee on War Claimsr support of an. act- to promote the efficiency of the Life-Saving Service.- By Mr. CHEADLE: A bill (H. R. 12461) to increase the pension of to the Committee on Commerc.e. John W. Foster-to the Committee on Invalid Pensions. By Mr. BERGEN: Petition for ::m amendment to the.act reln.tingto Also, a bill (H. R. 12462) granting a pension to Elizabeth Hamil- the Life-Saving Service-to the Committee on Commerce. ton-to the Committee on Invalid Pensions. By Mr. BYNUM: Petition of P. L. Chambers and others, of India.n- By Mr. COGSWELL: A bill (II. R. 12-lG3) to remove the charge of apolis, Ind., in favox: of the amendment-of the tariffla.w providing for · desertion from the record of Benjamin P. Chadwick-to the Committee a rebate of the tobacco tax-to the Committee on Ways and Means. on Military Affair~ Also, petition of Chris. Houston and others, of Shelbyvil)e, Ind., in By Mr. DE LA.NO: A bill (H. R. 12461) for the relief of the crew of favor of the passage of an amendment to the tariff bill granting a re- the Isaac Smith-to the Committee on War Claims. bate on tobacco-to the Committee on ·ways and Means. By Mr. DICKERSON: A bill (H. R. 12465) granting a pension to By Mr. CANNON: Papers to accompany House bill 5881, for the Alva Henderson-to the Committee on Invalid 'Pensions. relief of Mrs. Lovina J. Moon-to the Committee on Invalid Pensions. By ~Ir. FUNSTON: A bill (II. R. 12466) to increase the pension of Also, papers to accompany House bill for the relief of John V. Bo· H. Seymour Hall-to the Committee on Invalid Pensions. vell-to the Committee on Invalid Pensions. Also, a bill (H. R.12467) to pension Daniel Hartly-to the Com- By Mr. CARUTH: Petit ion of Milton C. Tulley, for a pension for mittee on Invalid Pensions. services in the war with Mexico-to the Committee on Pensions. By l\Ir. GEAR: A bill (II. R. 12468) granting a pension to James Also, papers to accompany bill granting an increase of pension to Merkel-to the Committee on Invalid Pensions. Thomas J. Polly-to the Committee on Pensions. Also, a bill (H. R. 12469) for the payment to the widow of the late By Mr. CATCHINGS: Petition of J. G. Hamilton and others, for re- Jnst.ice Samuel F. Miller one year's salary-to the Committee on Ap- bate on tobacco- ta.x-to the Committee on Ways and Means. propriations. By Mr. CUTCHEON: Petition of citizens of Ludington, 1\lich., in By Mr. HAYNES: A bill ( H. R. 12470) granting a pension to Ange- regard t-0 compensation of keepers and surfmen at life-saving stations- line l\Iills-to the Committee on Invalid Pensions. to the Committee on Commerce. Also, a bill (H. R.12471) granting a pension to Jacob R. Sprout-to ByMr. DICKERSON: Petition ofG. W.Henderson, for pension-to the Committee on Invalid Pensions. the Committee on Invalid Pensions. · .By Mr. KERR, of Iowa: A bill (H. R.12472) for the relief of John Also, petition of Alvallenderson, for pension-to the Committee on S. Evans, late a private of Company E, Twenty-seventh Ohio Volun- Invalid Pensions. teers-to the Committee on Military AffaiI"S. By Mr. DORSEY: Petition of citizens of Box Butte County,- Ne- Also, a bill (H. R.12473) for the reliefofRobertNeely,lateaprivate bra.ska. asking for aid and assistance from the Government-to the of Company C, Twenty-fourth Iowa Volunteers-to the Committee on Committee on .Appropriations. Invalisl Pensions. By Mr. FARQUHAR: Petition of citizens of Buffalo, N. Y., foren- By M:r. McCLELLAN: !t- bill tH. R.12474) for the relief of Lewis actment of a rebate amendment to tariff bill of October 1, 1890-to Deems-to the Committee on War Claims. the Committee on Ways and Means. By Mr. McCREARY: A bill (H. R. 12475) granting a pension to Rich- By Mr. FUNSTON: Petition for increasing pension of H. Seymour ard W. Davis-to the Committee on Invalid Pensions. Hall to $100 per month-to the Committee on Invalid Pensions. By Mr. l\IILLER: A bill (H. R. 12476) for the relief of J. V. McDuF- By Mr. HENDERSON, of Iowa: Resolution. unanimously adopted Fm-to the Committee on Claims. by the National Farmers' Alliance of the State of Indiana, opposing By l\Ir. O'DONNELL: A bill (H. R. 12477) granting a pension to options and favoring the speedy pa.ssage of the Butterworth bill-to Henrietta Buck-to the Committee on Invalid Pensions. the Committee on Agriculture. Also, a bill (H. R. 12478) granting a pension to Jane Falk-to the Also, resolutions adopted by the Iowa State Farmers' Alliance at Des Committee on Invalid Pensions. Moines, Iowa, October 29, 1890, favoring the passage of the Butter- .Also, a bill (H. R. 12479} directing the Secretary of War to issue an worth option bill-to the Committee on Agriculture. honorable discharge to Henry S. Hunter-to the Committee on Military Also, petition of Fisher & Brown and 13 other business houses of .Affairs. IIowa, praying for legislation in respect to tobacco1 suuff, etc.-to the By Mr. PEEL (by request): A bill (H. R.12480) for the relief of Committee on Ways and Meanm. the estate of William H. Cardwell-to the Committee on War Claims. r .Also, resolution adopted by the South Dakota Farmers' .Alliance, at .By Mr. PERKINS: A bill (J;I. R.12481) granting a pension to Mrs. j Huron, Ju_ne 4, 1890, ~dorsing the Butterworth and Conger bills-to Temply Rowe of Hallowell, Kans.-to the Committee on Invalid Pen- the Committee on Agnculture. sions. ' By l\fr. HERMANN: Petition of tobacco dealers in the State of By Mr. PETERS: A bill (H. n. 12482) for the relief of W. n. \:r. Oregon, for passage of a bill for legislation as first reported in rebate Center-to the Committee on War Claims. clause in tobacco tax in tariff law approved October 1, 1890-to the Also, a bill (H. R.12483) for the relief of Houston L. Taylor-to the Committee on Ways and Means. Committee on Claims. By Mr. JOSEPH: Petition of Browne l\fanzanareo Company and oth- By ])fr. ROBERTSON: A bill (H. R. 12484) for the relief of Marianne ers, of Socorro, N. l\f~., for tobacco-rebate amendment to the tariff law C. Lemelle-to the Committee on War Claims. of 1890-to the Committee on Ways and Means. Also a bill (H. R. 12485) for the relief of the estate of Pierre Le- By Mr. KERR, of Iowa: Petition of H. RM. Bishop and others for men~to the Committee on War Claims. repeal of limitation on arrears of pensions-to the Committee on' In- By Mr. STONE, of Kent~cky: A bill (H. R. 1248G) for the relief of valid Pensions. . . F. S. Casper-to the Committee on War Claims. By l\fr. KETCHAl\I: Petition of .Tobn Schwartz & Son and 10 other Also, a bill (H. R. 12487) for the relief of William L. Clearman-to tobacco dealers, of Poughkeepsie, N. Y., for a rebate amendment on t.he Committee on War Claims. unbroken packages of manufactured tobacco-to the Committee on Also, a bill (H. ~.12488) for the relief of Joseph Cordill-to the Com- Ways and Means. . . . mittee on War ClaIIDS. By l\fr. LACEY: Petition of 0. C. Atchison and others, of .Albin, Also, a bill (H. R.12489) for the relief of the estate of Thornton Cox- Iowa, for rebate of tobacco tax-t_o the Committee on Ways and Means. to the Committee on War Claims. Also, petition.of T: L. Ernns and others, of Avery, Iowa, for same .Also, a bill (H. R. 12490) for tho relief of Eugenia and W. B. Duffy relief-fo the Committee o~ Ways and Means. and John Elzey-to the Committee on War Claims. By Mr. LODGE: Memo.rial of .w. S. Hancock Command of United Also, a bill (H. R. 12491) for the relief of the estate of Haywood Veterans, of ~helsea, 'Mass., pra.yrng for the enactment of legislation. to Peeden-to the Committee on War Claims. prev~nt the display of Confederate flag!-to the Committee on l\filitary Also, a bill (H. R. 12492) for the relief of the trustees of St. Phillip's Affaus. Church, of Atlanta, Ga.-to the Committee on War Claims. By Mr. MILLIKEN: Petition of certain citizens of Maine for rebate Also, a bill (H. R. 12493) for the relief of the estate of R. M. Scan- on tobacco-to the Committee on Ways and Means. Ian-to the Committee on War Claims. By Mr. O'NEILL, of Pennsylvania: Petition of Charles s·mith & By l\Ir. WALKER: A bill (H. R. 12494) granting a p~ion to Ed- S?ns, Joel J. Baily & Co., S~wbridge & Clothier, Young, Smith, win Dexter, late of Company H, Fifty-first Massachusetts Volunteers- Field & Co., and 22 other leading bankers: commission merchants, and to the Committee on Invalid Pensions. importers of Philadelphia, praying Congress to amend the tariff act by extending the time from February 1 to July 1, 1891, for the with drawal of imported merchandise in bond October 1, 1890-to the Com l'ETITIONS, ETC. mittee on Ways and l\Ieans. Also, a communication of citizens of Philadelphia showing the neces Under clause 1 of Rule X:XII, the following petitions and pa.per.a sity of increasing, by legislation, the pension of l\frs. Louise Stille were laid on the Clerk's desk, and referred as follows: · to the Committee on Invalid Pensions. By 1\Ir. ANDREW: Petition of Samuel C. Martin and 18 others By Mr_ PAYNE.: Petition for the relief of Lieut. Reuben R. Weed, pilots for Boston Harbor, in support of an act to promote the. efficiency A Company, One hnndredandfonrth New York Volunteers, to accom· of the Life-Saving Service-to the Committee on Commerce.. pany Honse bill 12288-to the Committee on Military Affairs. 236 CONGRESSIONAL RECORD-SENATE. DECElIBER 9, By Mr. PETERS: Letter of W. J. Gardner, in support of bill grant The VICE PRESIDENT also laid before the Senate a communication ing an honorable discharge-to the Committee on .Military Affairs. from the assistant clerk of the Court of Claims, transmitting the opinion Also, affidavits of C. Landstrom and others, favoring bill to restore of that court dismissing the case of Oliver H. Perry, administrator of his pre-emption right-to the Committee on the Public Lands. Mary Scott, deceased, for want of jurisdiction; which was ordered .to Also, letter in support of bill for relief of William R. Copeland-to lie on the table and be printed. . the Committee on War Claims. INDUSTRIAL CIIRISTIAN HO::\I.E ASSOCIATION OF UTAII. Also, papers in support of bill for the relief of W. H. H. Center-to the Committee on War Claims. The VICE PRESIDENT laid before the Senate the report of t!ie By l\fr. PINDAR: Petition and bill for the relief of Charles W. U tab commission of registration and elections on the Ind us trial Chris Geddes for services in the Mexican war, act of January 29, 1887-to tian Home Association of Utah; which was ordered to lie on the table, the Committee on Pensions. and be printed. . By Mr. PUGSLEY: Petition of citizens of Ross County, Ohio, for DIVISION OF SIOUX RESERVATIO:Y IN DAKOTA . rebate on tobacco-to the Committee on Ways and Means. The VICE PRESIDENT laid before the Senate the amendments of By Mr. ROWLAND: Petition of certain citizens of North Carolina, the House of Representatives to the bill (S. 3271) to enable the Secre praying for the passage of House bill 892, favorably reported to the tary of the Interior to carry ont in part the provisioQs of "An act to House of Representatives on August 13, 1890, by the Committee on divide a portion of the reservation of the Sioux Nation of Indians in Commerce-to the Committee on Commerce. Dakota into separate reserrations, and to secure the relinquis~ment of By Mr. SCRANTON: Petition for rebate of taxes on tobacco, etc., the Indian title to the remainder, and for other purposes;'' which were from dealers in Lackawanna and Luzerne Counties, Pennsylvania. read. to the Committee on Ways and Means. Mr. DA WES. I move that the Senate nonconcur in the amend By Mr. SKINNER: Petition of W. P. Robinson and 11 others, for ments of the House of Representatives and ask for a conference thereon. amendment to tariff bill-to the Committee on Ways and ~leans. The motion was agreed to. By !fr. STOCKBRIDGE: Petition for the purchase of the sword of By unanimom; consent, the Vice President was authorized to appoint General Washington-to the Committee on the Library. the conferees on the part of the Senate; and Mr. DAWKS, 1\Ir. MAN By Mr. STONE, of Kentucky (by request): Petition of Mary A. Den DERSON, and 1\Ir. Jmrns of Arkansas were appointed. nis, formerly McFarlan, of Madison Parish, Louisiana, for rereference of her claims to the Court of CJ aims under the provisions of the Bow PETITIONS AND l\IEl\IORIALS. man act-to the Committee on War Claims. Mr. PADDOCK. I present a memorial of the National Colored Also, petition of P. H. Marlow, Stewari County, Tennessee, for ref Farmers' Alliance of America, remonstrating against the passage of the erence of claims under the provisions of the Bowman act-to the Com Conger lard bill and praying for the enactment of Senate bill 3991, mittee on War Claims. known as the ''pure food" hi11. By l\fr. WALKER: Papers to accompany Senate bill 2596, to amend I also present a petition of the National Grange, Patrons of Hus the military record of Joseph H. Moon-to the Committee on Naval bandry, of 'Voodstown, N. J., praying for the passage of the Conger Affairs. · Jard bill. ' . By Mr. WILSON, of Missoµri: Petition of R. E. Turner, R. D. Gil As Senate bill 3991 is pending before the Senate and the other bill key, and a large number of other merchants in Northwest Missouri deal will be reported this morning, I move that the memorial and petition ing in tobacco, asking for the passage of an amendment to the tariff act lie on the table. providing for rebate or drawback on all unbroken packages of same on The motion was agreed to. baud at the time the reduction of the tax shall take effect-to the Com Mr. l\1cMILL4.N presented the memorial of Benton Hanchett and mittee on Ways and Means. 12 other citizens of Saginaw, Mich., remonstrating against thepassage ofa general bankrnptcy law; which wasoruered to lie on the table. Mr. CAMERON presented a petition of the Tobacco Trade Associa tion of Philadelphia, Pa., favoring .an enactment providing for a re SEN.A.TE. bate of 2 cents per pound on the tax paid on tobacco and snuff in hand and in stock on January 1, J891; which was referred to the Com- TUESDAY, December 9, 1890. mittee on Finance. · Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. He also presented a petition of Typographical Union No. 112, of The Journal of yesterday's proceedings was read and approved. Scranton, Pa., praying for the passage of Honse bill 8046, in relation CONGRESSIONAL VOTING PLACES. to wages of employ&! at the Government Printing Office, and remon strating against any amendment thereof by the Senate; which was The VICE PRESIDENT laid before the Senate the following com ordered to lie on the table. munication from the Attorney-General;. which was read, and ordered He also presented the petition of F. C. Williams, I. D. White, L. D. to lie on the table and be printed: Kase, and others, of Bloomsbur~h. Pa., and the petition of William DEPARTME~"T OF JUSTICE, Washington, D. C., December 8, 1890. Webb, John Taylor, C. ,V, Eves, and others, of Columbia County, Penn Sm: I have the honor to acknowledge the receipt of a copy of the resolution sylvania, praying for an enactment providing a.rebate on. certain duties of the Senate of December 6, as follows: , "Resol.ied, That the Atlorney-Genera.l be instructed to furnish the Senate in on tobacco; which were referred to the Committee on Fmance. formation as to the number of voting places at elections for Representatives Mr. BATE. I present a petition of citizens of Nashville, Tenn., and Delegates in Congress in each State and Territory, if such information be signed by from twelve to fifteen wholesale and retail tobacco merchants, accessible to his Department." 1 .Answering this resolution, I have to say that the information sought thereby praying for a rebate on all original and unbroken factory packages of is not accessible to this Depa1·tment. The only way I could obtain the same smoking and manufactured tobacco and snuff held by manufacturers would be to write requesting State officers to give such information, which, of or dealers at the time the reduction provided for went into effect, upon course, they would be under no obligation to do. Uespect!ully, which the tax had been paid, and praying that there be a rebate of W. II. H. l\IILLER, Attornev-General. the full amount of the reduction, etc. The PRE31DENT OF THE SENATE. I also present a similar petition from Chattanooga, of wholesale and CHIEF SUPERVISORS OF ELECTION. retail dealers in tobacco, signed by Peoples & Pitner Brothers and some The VICE PRESIDENT also laid before the Senate the following ten or fifteen others. communication from the Attorney-General; which was read, and or I also present a similar petition of citizens of Winston, N. C., signed dered to lie on the table and be printed: by William Hawkes and others. I move that the petitions be referred to the Committee on Finance. DEPARTMENT OF JUSTICJ\:, Washington, D. C., December 8, 1890. The motion was agreed to. Sm: I have the honor to acknowledge the receipt of a resolution of the Sen- ate of Decembei: 6, as follows: · Mr. COCKRELL. I present the petition of M. Jones, R. E. Turner, " Resolved, That the Attorney-General is hereby directed to send to the Sen J. H. West, and many other citizens of St. Joseph and other portions ate, without delay, a statement of the names and places of residence of the of Missouri, praying for a rebate of the tobacco tax. I understand that chief supervisors of elections now in office in each judicial district in the sev eral States, and the date of the appointment of such supervisors of election." the House bill for that purpose bas been considered by the Senate Com Answering this resolution, I have to say that the information sought is not mittee on Finance and will probably be reported to-day. I therefore of record in this Department, in Washington. These chief supervisors are ap move that the petition lie on the table. pointed by the circuit courts. I can doubtless obtain the information desired by writing to the clerks of the various circuit courts throughout the country The motion was agre~d to. This I will proceed to do. • 1\fr. COCKRELL. I also present, at the special request of what is Respectfully, known in the District of Columbia as the Wage-Workers' Political Al W. Il. H. l\IILLER, ...4.ttorney-Gent'raL. The PRESIDENT OF TllE SENATE. liance, a memorial which protests against the continuing of any stock holder of any national bank as a member of the Senate Committee on REPORTS OF COURT OF CLAIMS. Finance. I move that the memorial be referred to the Committee on The VICE PRESIDENT laid before the Senate a statement from the Finance. clerk of the Court of Claims of all judgments rendered by that court The motiqn was agreed to. for the year ending November 30, 1890; which was referred to the Com Mr. QUAY presented a petition of the Toba~co Trade Association mittee on Appropriations, and ordered to be printed. of Philadelphia, Pa.; the pe~tion of Wiiliam H. Cornell & Co. and