1896. CONGRESSIONAL RECORD-·SENATE. 5321

SENATE. PRESIDENTIAL APPROVALS. A message from the President of the United State~, by Mr. SATURDAY, May 16, 1896. PRUDEN one of his secretaries, anncunced that the President had Prayer by the Chaplain, Rev. w.- H. MILBURN, l?· D. on the 15th instant approved and signed the following acts: On motion of .1\fr. GALLINGER, and by unanrmous conse~t, An act (S.1365) for the relief of the National New Haven Bank the reading of the Journal of yesterday's proceedings. was dis­ of the State of Connecticut; and . . pensed with. An act (S. 2870) to permit Ren~ C. Baughman to lay pipes m a ENROLLED BILLS SIGNED. certain street in the city of Washington. IMPROVEMENTS IN YELLOWSTONE NATIONAL PARK. 'fhe signature C\f the Vice-President was announce~ to the fol­ lowing bills and joint r esolutions, which had P!evwusly been Mr. CARTER. I ask unanimous consent for the present ?On­ signed by the Speaker of the House of Representatives:. . sideration of the bill (S. 2540) to provide compensation for a bnd~e A bill (S. 2032) to grant right of way over the .pubhc domam and for buildings and other improvements constructed by certam . for pipe lines in the States of Colorado and Wyommg; persons upon public lands afterwards set apart and reserved as the A bill (H. R. 128) for the relief of Henry H. Sc~awder; Yellowstone National Park. A bill (H. R. 227) requiring bills

United States post-office and other Government offices at McKees- I war. Our extradition treaties with Spain make such an inquiry port, State of Pennsylvania, the cost of site and building, includ- an unavoidable duty. ing the vaults, heating a.nd ventilating apparatus, elevators, and In the performance of this duty we regret that a long series of approaches, complete, not to exceed S200,000. events in Cuba that it would not be profitable to enumerate, but The bill was reported to the Senate without amendment, ordered are extremely painful to our conceptions of humanity, has so to be engrossed for a third reading, read the third time, and passed. excited the sympathies of our people that our action as a Govern- TRIAL OF CITIZ_ENS ARRESTED IN CUBA. ment, however impartial, will be attributed by Spain to an inimi- Mr. MORGAN. I ask leave to call up the resolution of instruc- cal feeling on the part of the United States. We do not disavow tion to the Committee on Foreign Relations, relat;ive to the trial our share in that state of feeling that animates the people of the of citizens arrested in Cuba, whichlsubmittedyesterdaymorning. United States, but we base our proposed action upon our strict Mr. PLATT. I should like to make a report from a committee. I·ight under the laws of nations, and solely upon the duty that the Government owes to the people of the United States. Mr. HAWLEY. Will not the S enator al1 ow morning business · The laws of nations clearly establish the rig·ht of any neutral to be transacted? Mr. MORGAN. I merely want to take the floor. power to define its neutrality and the duties thereby enjoined un- f AI b der those laws by declaring that, as to its government and people, Mr. TELLER. I suggest that the s enator rom a ama be it will recognize the existence of a state of war in a foreign corm- allowed to call up the resolution, and then he will yield. try and will accord equal rights to both belligerents. Mr. TURPIE. I should like to call up a bill. I do· not think The instances in which this right has been exercised are so it will lead to any debatd. - h b · f 1 · Mr. MORGAN. I have sublnitted a resolution of instruction numerous as to remove t e su Ject 0 its eg1timacy from the to the Committee on Foreign Relations upon ·a matter that is of field of discussion, and its honest exercise is no just cause of offense to any nation. If Spain denies us this right, it can only vital importance to this country. It will tak e me but a Tittle be upon the ground that it is not honestly exercised. In the case while to express my views upon it and inform the Senate of the that is quite analogous in principle and in the facts, of the recog­ grounds upon which I proceed and the necessity for it. I have nition by Spain of the belligerency of the Confederate States not had even the opportunity of disturbing the Senate or annoy- government, before any of the great battles of our civil war had ing it for a long while, and I trust I shall not be deprived of a been fought, the United States did not assume that the action of very brief moment in which to express my views on this question. Spain was influenced by any unfriendly spirit or purpose of has- The PRESIDING OFFICER (Mr. FAULKNER in the chair). r d d"d di t th · h f S · The resolution indicated by the Senator from Alabama will be ti Ity, an 1 not spu e e ng t 0 pam to perform that im- read for information. portant act. The Secretary read the resolution submitted yesterday by Mr. It was then conceded to Spain that the proximity of Cuba to the Southern States and the existence of negro slavery in both the MoRGA.N, as follows: neighboring countries was a just cause for her precaution in Resolved, That the Committee on Foreign Relations is directed to inquire declaring that public war existed in the United States, that the and report to the Senate wha.t are tb.e rights of the United States, under our treaties with Spain, as to the trial of our citizens arrested in Cuba and now parties engaged were lawful belligerents, and that she wotud under condemnation and sentenued to death by the Spanish military tribu- maintain a strict neutrality between them. If the United States nals for alleged offenses of a political or other character against the Spanish had known that Spain was then contemplating the invasion of laws or Government, and to report on that subject by bill or otherwise. SEc. 2. That the Secretary of St-at-e is directed to send to the Senate literal Santo ·Domingo and had formed a league with other powers to eopies of the original text of a protocol of conference and declarations con- execute that purpose on the pretext that the United Sta.tes had cerning judicial procedure. signed by Caleb Cushing, as minister of the designs upon that island, intending to acquire a right to the Bay United States, and Senor Don Fernando Y. Collantes, minister of the King of f S h · · f th b 11· f C nf Spain, on January 12, 1877, as the same was executed and interchanged, both 0 amona, er recognitiOn 0 e e 1gerency o the o ederate in the English and Spanish languages; and that he will inform the Senate States would have been justly regarded as being unfriendly to the whether the established or agreed original text of said protocol is in the Eng- United States. lish or the Spanish language. Wh th d · t th B f S ttr'b t d b SEC. 3. That the Secretary of State is further directed, if it is not incom- en e esigns as O · e ay O amona, so a I u e Y patible with the public serVIce, to communicate to the Senate copies of any Spain to the United States, were found to be untrue, and Spain correspondence that has taken place between the Governments of Spain and still pushed the occupation of Santo Domingo with the purpose of the United States respecting the said protocol and its bearing or effect upon t d d t th· · · b th ulte · d · thetrialandcondemnationofcitizensoftbeUnitedStateswhowerarecently conques • an was move 0 1B InvasiOn Y e nor esign captured on or near the vessel called the Competitor. which was seized under of establishing in that island a military occupancy that would Spanish authority in Cuban waters. or near to that island. hold the United States in check and endanger her frontiers, the The PRESIDING OFFICER. Is there objection to the present unfriendly act of Spain was manifest. consideration of the resolution? The Chair hears none, and the Allusion is made to these fact.s, not to justify the future action Senator from Alabama will proceed. of the United States with reference to Cuba by a spirit of retali- Mr. MORGAN. Mr. President, the recent action of Congress ation for the past, but to present a contrast which, at lea-st, is not relating to the civil war in the Island of Cuba has not been re- disparaging to the United States in her attitude toward the Cuban ceived by the Government or people of Spai.n as a rightful de clara- people. The United States, chiefly for the purpose of avoiding tion of the attitude of the Government and people of the United djfficulties with Governments whose colonies are near us and States upon this subject, in which the rights and welfare of our whose subjects are under monarchic rule, to which our people country are vitally concerned. and their institutions are opposed, in the early days of the Re- In that declaration of our opinions as to the existence of public public enacted very stringent laws, added to the laws of nations, war in Cuba, and that the parties engaged in it should be recog- for preventing our people from interfering in the local affairs of nized as belligerents, there is no just cause of complaint on the neighboring States. part of the Government of Spain that Congress has in any act or · At great cost and under circumstances of a most trying char­ declaration either overstepped their plain rights or that they have acter we have carefully performed this self-imposed task. No exhibited an unfriendly disposition toward that Governn1ent. just charge of indifference or delinquency has been made by any And in the further and more decisive step proposed to betaken of these neighboring powers against the United States respecting under the resolution referred to the Committee on Foreign Rela- the faithful execution of our own laws on this Rubject. tions that I offered in the Senate, ifitis adopted by Congress, there · For reasons that relate exclusively to the dissatisfaction of the can be no just deduction or inference of our unfriendliness to Cubans with Spanish rule under the Spanish mona;rchy, which Spain as a nation. . we have in no way incited or promoted, insurrection, attended It is the right of the Government of. the United States to declare with violence, war, and rapine, has, on several occasions, spread the status and define the duties of its citizens as they relate to through the island, and has included in its disastrous progress and are affected by the existence of a state of war in any foreign every interest and every human being in Cuba. Not one of these country. If the motive is just, no nation can be called in ques- commotions has failed to draw into its vortex many citizens of tion for such a declaration. This duty becomes imperative when the United States, and very important rights of persons and prop­ the rights of our people demand that such a formal declaration ertyhave been frequently exposed to serious danger. At the close shall be made to define their international status, for their own of each of these outbreaks the United States have been compelled regulation and protection in their intercourse with a country in to present to Spain many large and just claims for compensation which war is flagrant. We are not fixing the status of Cuba, but for very heavy losses sustained by our peqple. Some of the most of our own people. Our proximity to the Island of Cuba, our important of these claims have been the price of the blood of our important commercial relations with those people, the ownership people that wa..c; shed, oftentimes under circumstances of cruelty of valuable property that our people have acquired in Cuba under that were shocking to humanity, and by the order of the Spanish the sanction of treaty agreements with Spain, the actual residence authorities in Cuba. of many of our people in Cuba, and the resort of a great number It has been and is still a most trying and difficult task to restrain of Cubans to the United States seeking hospitality, create rela- the wrath of our people when they have seen their own Govern­ tionsof such an intimate nature with that island that we are ment,restrainedbythesupposeddutyofnonintervention,stand by compelled to examine into the -condition of their people and to while these unchristian barbarities were being perpetrated. Our determine for ourselves whether they are at peace or engaged in people have been naturally impatient while theix Government has 1896. CONGRESSIONAL RECORD-SENATE. 5323 been deliberately waiting for the opportunity to measuTe the worth ance with the laws of nations without the necessary predicate that of these wrongs in dollars, at the end of protracted delays and finess­ there are at least two belligerent parties. ing hy the diplomatic agents of the Spanish Government. The If the collision and struggle of arms is a riot or insurrection, American people have been the anxious witnesses of thi.s terrible it is not a state of war. But no nation can arrogate to itself the series of wrongs for many years, and have the record of them stored exclusiveright, by its mereaffirmationand contrary to the fact, to up in their memory. They are written in the indignantqeclarations say that a strife that begun in insurrection, and ccntinues with­ of every American President and statesman who has ever made an out abatement for more than a year, has not assumed the pro­ official utterance on the subject, and yet these wrongs have been portions of a public war, when that fact concerns the rights or repeated and endured until our right to resent them is scornfully interests of the people of a foreign government. disputed by Spain. None of our representatives have expressed · It is no breach of the peace of nations for such a foreign gov­ either an opinion or a doubt to the contrary in the past, and what­ ernment to know, acknowledge, and declare the truth. ever doubts are now expressed, the facts will forever remain un­ If the strife originated in open rebellion, with an organized pro­ changed. They can not be changed until Spain changes her harsh visional goyernment that declares its right to political autonomy policy. Our just pride in the principles of our Government, which and independence, and is not a mere insurrection intended to se­ embody the essence of human liberty and encourage the aspira­ cm·e a redress of grievances from a ~overnment whose authority tions of all who crave that element and condition of responsible is acknowledged, the state of pubhc war will be attributed to manhood, and our recollections of the price at which this great such an outbreak when it has assumed the phase of de facto gov­ blessing has been obtained, alike impel us to indulge our active ernment, and it should be so recognized when it has attained to sympathy for all men who are engaged in a struggle for the right the power and authority of a government de facto over the region of local self-government. But the people· of the United States, . that it assumes to govern. In either of these cases, however, any while they are conscious of the claims of our system of govern­ foreign government may, when its interests are affected, recog­ ment upon the hearts of all enlightened people, are not propa­ nize such a government as being rightful while its power contin­ gandists of their free institutions. They respect the right of every ues, although it is an insurrection, without giving just ground of people to settle for themselves all matters that relate to their in­ offense to the mother government. In the case of Cuba there has ternal affairs. This sacred duty has held them in check in every not been a day since Spain lost her other American possessions case where wars in foreign states have occurred, unless in the that a large number of native Cubans .have not felt deeply the de­ conduct of such wars the rights of humanity, as they are recog­ sire and the necessity, as th~y view their condition, of entire inde- nized in Christian countries, are flagrantly violated by the bellig­ p endence of the Spanish Crown. · erents. This spirit and motive have alone caused the frequent attempts It is not incumbent on them, nor do they feel or admit that it at revolution that have made Cuba a battle ground, consecrated to is their duty, to witness at their doors the use of barbarous means liberty, and the common cemetery of worthy patriots. for the repression of the demand of a people for liberty and for While grievances, political and personal, and the domination of _stifling the outcries of the victims of arrogant and cruel despot­ greedy despoilers set over them in authority by a power that was ism, whoever may be the despot or however ancient may be his foreign to them in every interest and sympathy have aroused the title. If the dealing of the Spanish Government with the people native Cubans to violent resistance, in the wars that have ensued of Cuba was such as to challenge the approval of the public opin­ the aspiration for freedom and independence has been the great ion of the world there could be no need for the suppression of moving impulse in all these numerous attempts at revolutions. information as to the conduct of hostilities and the results of con­ More distinctly than ever before the present war in Cuba is a war flicts of arms after their occur1·ence, such as is practiced by that for independence and a determined purpose to establish a l'epub­ Government with such rigid energy. Other nations from which lican form of government. the truth is excluded are not the enemies of Spain, nor are they The fact of the existence of such a war in Cuba may escape the spies upon her military operations. The island is guarded along vision of men in authority or elude their recognition of the tr~th, the entire coast with numerous and powerful war vessels, so that but it shocks the common sense of mankind that we are to be there is little opportunity for access to the interior, and a strict compelled, by some diplomatic oversight or deception, to admit censorship of the press and mails and telegraphic communications as a nation that peace prevails in Cuba. This diplomatic fallacy excludes the world from knowledge of the truth in respect of cm·­ has for its support several technical apologies and excuses that rent events in Cuba. American newspaper correspondents who only make its allowance less agreeable to a truth-loving people. write anything thatisnot derogatorytothe Cuban armyorpeople Among these diplomatic evasions is the alleged fact that the are expelled from the island. This close. censorship is only an Cubans have no fortified towns or military defenses in their occu­ imputation upon the people of the United States, and is based pation. This grave suggestion is answered by the military say­ upon the assumption that they are Spain's secret enemies. Our ing that" Forts are strongholds that are made to be taken," and people are incapable of disguising their opinions or sentiments, the Cubans do not choose to build them for that purpose; but either through fear or for the sake of secret advantage. more fully by the fact that the wise strategy of Cuban general­ Notwithstanding these difficulties and the vigilance of the Span­ ship causes them to avoid such situations and thereby deprive iards, enough has transpired to prove beyond denial that a great the enemy of the advantages of his superiority in artillery. civil war has been waged in Cuba since the autumn of 1894 that It is further alleged as a reason why the Republic of Cuba can has increased in magnitude with startling rapidity and strength. not be a lawful belligerent that she has no seaports and no fleet. The remotest and least informed nations of Christendom know The attempt to hold a seaport without heavy artillery and strong that public civil war exists in Cuba and that it is conducted by defenses would only be an invitation to the entire Spanish navy armies in the field, regularly organized, equipped, and commanded to beleaguer the place. Such folly may be chivalric and charm­ by commissioned officers, in which are enlisted 150,000 Spanish ing to dilettante warriors and carpet knights, but it can not mis­ troops, and more than 50 war vessels, and not less than 50,000 lead a Cuban general. To a diplomat such a situation in Cuba Onban troops. would dispense with the loneliness of feeling that afflicts him when It is utterly preposterous to assert that a state of war does not precedents can not be found to settle his doubts, but to a sensible exist in Cuba in the face of such facts and when there is not an military leader it would be the climax of absurdity. It is not important town or village where the Spaniards have possession the lines of precedent that Cuba is trying to establish, but inde­ that is not held as a military camp or post. Yet it is upon this pendence. . Another supposed impediment to a recognition of the denial by Spain that a state of war exists in Cuba that she is de­ belligerency of Cuba is that she has no ship or flag on the seas. manding of the United States that we shall assume the false atti­ If Spain, with the support of the United States and other tude that we have no right, even for the protection of the rights powers, can lawfully hold such armed vessels to be pirates, and of our own people, to assert the truth and act upon that assertion. that Cuban merchantmen are confiscable for sailing under Cuban It is required of us that we shall recognize a state of perfect peace registry or commissions, the assertion that they have no ships is as existing in Cuba, when every human life in the island is in equivalent to the declaration that the Republic of Cuba will not constant peril and nq place there that is not exposed constantly be permitted to have ships that may navigate the ocean under her to deadly warfare with torch and sword. We are warned by own flag. If she is not a belligerent power, her war ships are Spain that if we formally acknowledge the fact that war exists pirates and her merchantmen are contraband of the seas. This in Cuba, and regulate the conduct of our people accordingly, she is the condition that we are helping Spain to fix, irrevocably, on will consider such a declaration as an unfriendly act and, at her Cuba. If war exists, the rights of war are of the same nature on option, a just cause of war. the sea as on the land, and that fact being established, no honor, If we were a Spanish dependency or province our position would able nation can refuse to Cuba the rights of war on sea or land­ scarcely be assigned to us with a more exacting assertion of royal if the decision of the question becomes material. If, for this authority than Spain sets up, as her right, to compel us to deny reason, we deny belligerent rights to Cuba, it is not because she the truth of the situation as it is in Cuba. Our Government is has no ships, but because we will not permit her to sail them. If required by Spain to ignore or deny the truth as to the war in war actually exists between Spain and a body of people in Cuba Cuba. The recognition of the existence of open, public war in any the United States is bound by the laws of nations to impartial country or between any two countries can not be made in accord- neutrality as to each belligerent. If, under such conditions, a 5324 CONGRESSIONAL RECORD-SENATE. MAY 16,'

Cuban vessel, duly documented, should enter the port of New Cuban charged with being engaged in a riot, which we know t o· York on a commercial errand the United States could not refuse be a political offense, because it was. a participation in a public to protect her without assuming the role of an ally of Spain. We civil war. are not bound in honor or duty to aid Spain in putting down the If our people are captured or are held liable to capture by Spain Cuban struggle for liberty, and the people of the United States for landing military supplies in the ports or on the coasts of who are so severely censured by the Queen Regent for their al­ Cuba, and are claimed to be liable to the death penalty as pirates leged difference in sentiment and opinion from our President as or insurgents or rebels, either under the municipal laws of Spain to Cuba, would refuse to support him if, in any way, he should be­ or under the international law, as has been done during the pres­ come the virtual ally and helper of that cruel monarchy. ent war and also in the former ten years' war in Cuba, it is a While none of our Presidents have been influenced by such a national shame that such a condition of affairs is permitted by the purpose, and all of them who have dealt with this subject have United States out of friendly deference to a power that insists that only been controlled by a sense of duty, it is still true that, in peace prevails in that island, when all the world knows and Con­ their zeal to do right they have often been the most potent force gress has declared that open public war is flagrant there. When in aiding Spain in her persistent. course of cruelty and bloodshed these dangers that are practically unavoidable and beyond the toward the people of Cuba. And in this mistaken zeal they have power of the Government are a constantly impending peril to the often inflicted severe and unnecessary wrongs upon our own people peace of the country, and when they can be removed by our just by failing to use then· power to prevent them. If Spain had un­ declaration that the laws of war apply to such conduct and not derstood three years ago that, under the exact conditions that now the laws of treason, piracy, insurrection, or rebellion, it is almost exist in Cuba, the United States would recognize the belligerency inconceivable that our Government should be so derelict in its of both parties, the Cubans would have been at least as free to­ duty to our own people as to refuse to them this protection. day as the Canadians are. But Spain has regarded the United Some of our citizens are now in Spanish prisons, condemned to States as being so far committed in the opposite direction that death for an offense that is no more than mere smuggling under now she becomes insolently arrogant in denying to us that right. the laws of nations, if Cuba is now in a state of peace. If war Our zealous efforts to prevent our people from expressing, in exists in Cuba, the offense is no more than a futile effort to run their conduct, the sympathy for Cuba that is honorable to them a blockade. and responsive to their most cherished principles has met with no Under our treaties with Spain these people, whatever may be the other recognition from Spain than a demand that we shall continue grade of their alleged offense, are not amenable to trial by a military in that role, as a duty we owe to her, without regard to any cruel­ iTibunal. Such a court can have no jurisdiction of them in re­ ties she may choose to inflict, even upon our citizens, when they spect of the offense with which they are charged. fall into her hands as prisoners of war and are massaCI·ed by her No decent government can 'demand or accept a pardon for its relentless and unchristian agents as traitors and pirates. Our citizens as a satisfaction of their wrongs, or for the national in­ people have not forgotten the Vi1·ginius tragedy. sult, when the tribunal that sentences them to death has no juris­ If it were possible to suppose that a condition of affairs could diction to arraign and try them. Especially is this true where it exist in Canada similar to that which is frequently recurring and is agreed between the powers, in express treaty stipulations, that now exists in Cuba, the United States would hasten to vindicate such a tribunal shall not exercise jm·isdiction over our people in the Anglo-Saxon race from the dishonoring stigma, and the whole such cases. world would applaud our intervention. But Canada is a happy When wrongs so flagrant are inflicted upon our people, the de­ colony because the Anglo-Saxon rules with justice, and the Crown mand should be peremptory that the parties so convicted should of Great Britain honors and loves its subjects. The United States first be discharged from arrest under such a sentence and then a have not at any time proposed a single step in the direction of demand for a civil t1ial if Spain desires their further prosecu­ actual intervention in Cuban affairs except by a tender of friendly tion. Until that sentence is set aside upon the disclaimer on the offices between Spain anq Cuba. These overtures having been re- · part of Spain of any right to impose it as the judgment of a court­ pelled as an insulting interference, we now propose to take care of martial the United States can not, in duty or honor, enter into any our own people by defining our attitude toward the contending discussion with Spain as to a trial of the accused before any other forces in Cuba as that of absolute neutrality between belligerent tribunal. Until it is set aside every day that these men suffer powers. We have not heretofore been actually or properly neu­ imprisonment is a day of national humiliation to us as a people. tral in these long-continued and frequently occurring wars in All this complication would have been avoided if the United States Cuba. had been as prompt in declaring the belligerent rights of Cuba as All our power as a Government has been exerted with extraor­ Spain was in declaring the belligerent rights of the Confederate dinary vigilance in the direction of preventing the Cubans from States in 1862. all opportunity to supply themselves with arms and war material The comparison of the action of the two Governments on these and even hospital stores from the United States. At this time occasions is more to the credit of Spain's courageous sense of na­ the objection that Spain urges against our recognition of Cuban tional right and duty than it is to our supposed magnanimity. belligerency is based upon the fact that it would open our mar­ Spain's conduct did not forfeit our friendship toward that nation kets equally to Cuba and Spain for the purchase of munitions of in 1862. Why should our recognition of Cuban belligerency be war. We are required to deny to suffering patriots what we now regarded by Spain as an unfriendly act? It can only be for gladly supply to Weyler and Spain. Spain can purchase in om· the reason that it disappoints the expectation of Spain that the markets whatever arms and munitions she desires with the full United States will always be, as they have been, Spain's most effi-: knowledge of our Government that they are to be used in making cient ally in the suppression of Cuba's struggle for independence. war against her own people under the thin pretext of suppressing The rights of citizens of the UnitedStatesinCubaareatthis time insurrection, and no opposition is made to the cruel work. dependent, in almost every way, upon the attitude of their Gov­ Spain can send her ships toNew York and load them with boxes ernment on the question whether that island is in a state of peace of guns and ammunition and label them there as being intended or war. As the Government of the United States regards this ques­ to slay Cubans who are fighting for liberty in organized armies, tion, so must their conduct be regulated while in Cuba. If insur­ while a Cuban general would be seized and tried in our courts if rection exists in Cuba, our people must not take part in it against he dared to purchase like munitions for making war in defense of the Government of Spain. They may assist Spain in its repres­ his native land. Spain threatens us with her serious displeasure sion. If their property is destroyed or damaged by insurrectionists if we accord to the Cubans such privileges. that Spain has the power to repress, but neglects or fails to do so, If an American sends powder or dynamite to his own iron mines they may claim damages from that Government and, if they are in Cuba to be used in his business, Spain limits the quantity until fortunate, the damages may be compensated at a future time. the work must be abandoned, or entirely forbids the importation, If the insurrection is so powerful that Spain is unable to pre­ if that Government has a fear or apprehension that possibly these vent the damage done to our people resident in Cuba, their losses explosives may fall into the hands of the Cubans. If an Ameri­ stand credited to the chances that occur in a state of imperfect can merchant should ship arms or cartridges to his agent or con­ war, and reason demands the sacrifice under the international signee in Habana for sale in the general market, it would be seized law. So that, in a war of such magnitude as that which now as contraband of war in the absence of a special permit. It is the prevails, although Spain may declare that it is peace, disturbed frequent practice in Cuba to declare articles imported as being by insurrection, the claim for damages suffered by our people is, contraband, while Spain is declaiming with indignation that no in like manner, relegated to very doubtful prospects of future war exists in Cuba. What laws, except the laws of war, exclude recognition or payment. contraband goods from commerce? It would be morally intolerable that, after this terrible struggle If, for any just cause, the United States should be compelled to for the dominion of Cuba, the United States should make war declare war against Spain, as the situation is now that declaration upon Spain for her inability to pay or her refusal to recognize would make of every Cuban our national enemy, although the the claims of our people who have suffered in the throes of so cause of such a declaration might be the cruelty of Spain toward great a convulsion. No friendly state would be likely ever to the Cuban people, or some interference with the rights of some press such demands upon so unfortunate a country. Our own Cuban ship in our ports, or a demand for the extradition of a experience in m aking such reclamations must inform us of the

I " 1896. CONGRESSIONAL RECORD- SENATE. 5325 - extreme improbability of success in making such demands, even own affairs and joined the general congress of the colonies. At when the injuries are inflicted, under such trying circumstances, that time her population, exclusive of slaves: did not exceed 250,000 by the direct act of Spanish officials. souls. If, however, as is the case in Cuba, the insurrectionists embody The nations of the earth were so impressed with the heroism of almost the entire rural population of the island, and occupy it, the struggle and the grand purpose of independence for which except in towns, cities, and military camps actually held by Span­ these scattered peoples were fighting, that several of the leading ish troops, and thus possess, hold, and control two-thirds of the powers hastened to recognize, not their belligerency merely, but area of the island, and if the large majority of the native popula­ their independence. Those powers did not stop to compare the tion are engaged in the military control and defense of that area, battles that had been lost or won by the rebels, nor the number and their country thus held is invaded by armies imported from and equipment of the armies in the field, nor the ships on the sea, Spain, there arises a presumption-such as arose in the Revolu­ nor the size of the town that gave temporary shelter to their fugi­ tionary struggle of 1776 in the United States-which ha.s the sanc­ tive civil authorities, nor did they wait for the rebels to win some tion of the laws of nations and the cordial approval of mankind, decisive battle, nor to feel the pulse of European monarchs to that the Spaniards have become the invaders and the Cubans are ascertain their wishes or to consult with them as to diplomatic the true defenders of their native land. precedent or propriety. Can we so far forget the history of our own struggle for lib­ Men lived and acted in those days with a sense of duty toward erty, justice, honor, duty, life, and humanity in our Revolutionary God and a feeling of sympathy for the oppressed. If Cuba could war as to be indifferent to the heroic struggles and sufferings of find a race or nation in which such honest manhood ha.s a cour­ the Cuban people who are fighting with organized armies and ageous recognition, the fetters of Spain, now ready to fall from marvelous success in a cause so nearly identical with that cause her limbs, would no longer offend against all humanity and the which in its triumph has been rewarded with results that now sacred cause of liberty and independence. While we dare to re­ comprise the chief glory of the world? member the history of Massachusetts, Virginia, North Carolina, Massachusetts from 1675 to 1730 was in almost every respect as :Maryland, and their sister colonies without a feeling of self­ much insulated as Cuba is. With powerful tribes of hostile In­ reproach, we will not be found engaged in the humiliating task of dians in the midst of the_white settlements and occupying the searching for technical and frivolous excuses for debarring Cuba, continent to the west, she had little support from her feeble colo­ by our action, from the power of self-defense against tyrants such nial neighbors. With resources of war that consisted of the pow­ asWeyler. der horns, shot bags, and hunting knives that belonged to her men A citizen of the United Statesresidinginaruraldistrictof Cuba individually, and with scant storesof provisions evenforthefam­ would deserve the regard and care of his own Government if he ilies of the colonists, they protected themselves at once against should refuse to espouse the divine right of the Spanish monarchy King Philip and the King of England. to conduct such a war as is flagrant there, under the false pretense In 1684 the high court of chancery in England declared the that it is only a legitimate effort to suppress insurrection. If he charter of Massachusetts forfeited, and Joseph Dudley was ap­ should witness, as he does and is compelled to do, the most inhu­ pointed governor. He was quickly succeeded by Sir Edward An­ man butcheries of innocent noncombatants-old men, women, and dros. This governor and his council decreed tax laws against the children-by the Spanish invaders and the death penalty or other people that were arbitrary and oppressive, just as Spain has done infamous punishment inflicted upon enlisted men who are cap­ in Cuba, only that the burden laid upon the people of Massachu­ tured in battle, he wpuld have the right to insist that his Govern­ setts bears no comparison with the enormous exactions laid upon ment, for his protection, should declare that he was living in the the people of Cuba. presence of war, instead of licensed rapine and murder under the Andros was submitted to for two years, while Cuba has been pretext of suppressing insurrection. And his country would be ground down for nearly a century. In April, 1689, the people of derelict if it refused to listen to his plea under such circum­ Massachusetts rose in arms, and" the men of Boston," aided by stances. the men with the powderhorns and hunting knives from the back If the Cubans, under such conditions, should take his property, settlements, seized Andros and imprisoned him, seized the frigate or compel him to pay tribute or taxes, or should compel him to Rose, stormed the British fortifications and t ook them, restored enlist in their army, he would only yield, as every man may law­ the old magistrates to office, and mended the seal of the old charter, fully do, to the vis major, and his justification would be perfect. which Andros had broken, and restored their ancient liberties. Even if captured in battle, after such an enlistment, the power of That was insurrection. It was successful, but it was a battle the United States under the laws of nations would, if it were ex­ for restoration of just government and not a war for independ­ erted in time, be rightfully sufficient to save him ftom a felons' ence. Great Britain had the good sense and the self-respect to death or imprisonment for life at the hands of the Spaniards. give heed and due consideration to the will of the people, expressed Just at this point, and to meet such emergencies, this citizen of even in acts of violent resistance to oppression. That was not a the United States should find the law of protection that all men case for the recognition of the rights of belligerency in favor of and all nations are bound to respect. It is the right and duty the people of Massachusetts, because they were not waging war that is all pervading, which shelters those from the crime of for independence, but for their rights under the British constitu­ treason, rebellion, piracy, or insurrection, who yield to the author­ tion. This insurrection gave peace and harmony to the relations ity of a government de facto, and are not officially connected with between the Crown and the colony for nearly one hundred years. its conduct. A later occupant of the throne, surrounded by an arbitrary minis­ Nations are bound by this law, and must respect it for the sake try, undertook to repeat these aggressions in a different and milder of humanity. form, and claimed the right to tax the colonies to pay the expenses If there can be any legal test by which to determine when a · of the war with France for the sovereignty of the Continent. body of people engaged in hostilities in a given area of country are These and other forms of asserting absolute power over the colo­ entitled to the rights of belligerency, to exempt them from per­ nies in violation of their chartered rights created thefixedconvic­ sonal exposure to the penalties of insurrection, it is this test: tion among the people-not all of them, but the great majority­ "Does the government they are conducting, whether it is civil or that independence of the British Crown was their only hope for military or both, in fact exclude the former government from its justice, liberty, honor, and peace. dominion over a region of country that is capable of demarcation In this progress also Cuba is only repeating the history of our by boundaries with reasonable certainty: or an area that corresponds deliverance, with this difference in the surrounding conditions­ with a known political or geographical division or district?" that our wrongs were mere scratches on the surface as compared If such a government exists, while it continues in authority, it with those which mutilate the vitals of Cuba. is a lawful belligerent under the laws of nations, and may be so Our next arousing was with arms in the hands of the people recognized without offense to the opposing party. · who, without a general government and in scattered detachments, When a government is so lawfully entitled to a belligerent char­ opened the war for independence and fought battles, led by colo­ acter, it is because of the rights of the people within its jurisdic­ nels and captains, before independen9e had been declared by the tion to protection, and not because of any element of legitimacy thirteen colonies and before they had a general in the field. Again that its rulers may assume or possess. From whatever som·ce its Cuba is found following painfully in the pathway to glorious lib­ power may come, it is only the existence of the power and not the erty that our fathers marked out. Again Massachusetts came to method or plan of its administration that entitles it to recognition. the front and drove Hutchinson, the governor of the colony, into The people it controls must obey a de facto government, because disgraceful retirement, rebelled against his government, but failed they can not resist it, or because they are u nder no obligation to to overthrow it. do so. General Gage, with the British army and navy to support his It can not be denied that the Cnl.Jnn organizl'l,tion, now engaged authority, succeeded him as governor and maintained in theory, in war with Spain, exercises juri:;jlictio!l, either military or civil as Spain is doing in Cuba, the sovereign supremacy of the Crown. or both, over much the larger area of the i8land, aud that it exer­ This time it was open rebellion, not insurrection. Boston was cises authority over the great body of native Cubans in the rural closed to all commerce as a seaport, and Marblehead was made districts of the island. Nor can it be denied that our citizens in the seaport of the colony. that area, or enlisted in those armies, are subject to that de facto But Gage was driven out, and Massachusetts took control of her government.

I 5326 CONGRESSIONAL RECORD-SENATE~ MAY 16,

It is their right to have their home government recognize the the locality in which the proceeding is had. The exception is in belligerency of the de facto government in that part of Cuba, be­ respect of citizens of the United States who are taken with arms cause they can not otherwise escape the penalties of insurrection in hand. against Spanish authority if Spain chooses to enforce them. If we In section 1 of the Spanish concession in this protocol the declare that war exists between Spain and the de facto government words used are: "No citizen of the United States residing in that commands the obedience of our people in Cuba who are within Spain," etc., shall be subject to trial, etc., while in the fourth ar· its power, the laws of war, as they are defined in the laws of na­ ticle ·of the American concession like immunities are granted un· tions, become applicable to them, and forbid Spain to treat them der the laws of the United States, to "extend to and comprehend as insurrectionists. all Spaniards residing or being in the United States." As between Cuba and Spain and the United States, considered The intent to shelter the same classes of persons under both con· as Governments, the demand for such recognition is a matter of cessions is clear, and it is essential to the mutuality and equality of mere policy, in which our course is purely discretionary,. but the provision for the security .of the citizens or subjects of each when the rights of our citizens are involved the question that we Government. The discrepancy in the language of these conces· mu~t settle is whether a state of public war exists in that island. sions, if it is real and not merely accidental, must be the result If such is the fact neither of the belligerents can insist that our of a mistranslation or the imperfect expression in the Spanish people there, who fight in either army, and their property maybe idiom of the words "residing or being." It is incredible and ab· treated as being subject to punishment or forfeiture for the offense surd to suppose that the United States intended to expose a mere of insurrection or rebellion against either Government. visitor to the Island of Cuba to trial by court-martial for an alleged Nothing could be more cruel than that the Government of the offense, while its citizens who are resident in Cuba should have United States should say to a citizen enlisted in the Cuban army a tTial by the civil courts with many important rights that are that he must wait until Cuba has won her independence before denied to one who is arrested while visiting the Island of Cuba. we can jnterpose to save his life or property if he is captured in Spain, however, sticks in the bark in construing this treaty as a war. If war exists in Cuba the American citizen residing there stipulation on our part that she may condemn visitors to death by within the military command of the Cuban armies should not be the judgment of a court-martial for offenses that are not military required to remain subject to the laws of Spain and liable to its in character. . heavy penalties until the Cuban government de facto has become If such is the true construction of this protocol, it can not be the government de jure by the success of its a1-ms nor until it has too soon repealed, nor can we be in too great haste to demand that a fixed capital, fortified posts, open ports under its authority, and the laws of war shall apply in favor of human life to our peo· ships bearing its flag on the seas. ple who are captured on suspicion of treason or insurrection while If open, public war exists in Cuba, the fluctuations of success visiting Cuba. . in battles furnish no reason for delaying the declaration of the A declaration of belligerency in invitum-as such a declaration fact and placing our people within the control and protection is not possible to be made otherwise-can not be the subject of afforded by the laws of war. . diplomatic intercourse between the United States and Spain. It If war exists in Cuba, Spain ha-s no right to compel the United is not a matter that can be accomplished through a treaty, and States to aid in blockading the ports and coasts of Cuba against can not, therefore, be included in that category of powers. our own people and subjecting them to the penalty of death The Senate can not act upon a mere declaration of belligerency under Spanish law if they are captured in the attempt to smuggle that the President might make by an agreement with. Spain, or arms into Cuba. If Spain is involved in actual war with opposing upon his own executive authority. This subject is not, therefore, armies in Cuba, she must conform her conduct to the laws of war among the diplomatic powers of the President. He has no other and guard her coasts against those who would enter with their powers derived from the Constitution in which the function of commerce, and such persons when captured must be treated as declaring belligerence is included as a separate or exclusive prisoners of war. executive power. If he can touch the subject except as he is The war in Cuba is·political, as contradistinguished from a riot empowered by Congress to do, it can only be through his con· or insurrection not having in contemplation the change of the current action with Congress in considering and approving a bill sovereign dominion of the island from a government by the mon­ or resolution that ha-s passed the Houses or in returning it with arch to a rep-:1 blic in w bich the people are soverign. This dis­ his objections, to the House in which it originated. It would be tinction, with all its consequences, is admitted by both Govern­ a dangerous absurdity, if the fact should ever occur, that the ments in the treaty of extradition concluded between them in 1877, President would not be bound by a statute enacted, notwithstand­ which provides that- ing his veto, that declared the existence of a state of war in this The :provisions of this convention shall not import claim of extradition for country or in any foreign country, or the existence of a legal any cnme or offense of a political character, nor for acts connected with such state of peace, notwithstanding the occurrence of hostilities, as crimes or offenses. was once the case in our experience with France. The Government of the United States, on a demand of Spain Our Constitution requires that Congress shall present to the for the extradition of a soldier enlisted in the Cuban army who is President "every bill which shall have passed the House of Rep­ charged with the murder of a Spanish soldier slain by him in resentatives and the Senate before it becomes a law." It also re· battle, would act without hesitancy and without the proof of quires that "every order, resolution, or vote to which the concur· any specific facts to prove the existence of a public, political war renee of the Senate and House of Representatives may be neces· in Cuba, and would refuse extradition upon the undeniable facts sary (except on a question of adjournment) shall be presented to that are known in every country in Christendom.. She would not the President of the United States." wait to count the respective forces, or the ships, or the fortified In case of his disapproval of any such ''bill, order, resolution, or posts, or the size of the capitols to ascertain if war exists in Cuba vote he shall return it to the House in which it shall have origi· and is conducted by governments. If the crime charged is piracy, nated" with his objections, "who shall enter the objections at incendiarism, robbery, or the destruction of property, and is larl?e on their Journal and proceed to reconsider it." No such shown to be "connected with any crime or offense of a political action can have the effect of law in such a case until it has been character," the demand for extradition would be refused under reconsidered; and if "approved" by two-thirds of each House "it tha terms of that treaty. After providin~ this sort of hospitality shall become a law." Such proceedings are merely imperfect leg­ for political refugees from Cuba to our snores, only 90 miles dis­ islation and are still pending for final action, after a veto by the tant, we can not refuse them the protection to which we invite President, until the Houses have reconsidered their vote. If upon the Cubans when they fly to us for shelter in order to escape such reconsideration the measure is passed by a two-thirds vote, death, inflicted as a penalty for the breach of Spanish laws against "it shall become a law." treason and insurrection, when they have engaged in open, public, In our country the President is oath bound and conscience bound political war against Spain. This treaty of extra,dition was con­ to obey the laws and to execute them. It is inconceivable that he cluded on the 5th of January, 1877, and the Cushing-Collantes would refuse to execute a law that is passed over his veto, unless protocol " as to the effect of existing treaties in certain matters of it is such an enactment as Congress has no rightorpowertomake. judicial procedure" was signed on January 12, 1877, both Gov­ In a case of disputed power between the Executive and Congress ernments being represented by the same ministers in each instance. the Supreme Court could settle the question, unless it is merely a These agreements were made at the close of the ten years of political question. In that category the Supreme Court would civil war in Cuba, in which we had many serious controversies decide whether the President or Congress is the political depart­ with Spain-such as the Virginius affair-the future provision ment of the Government, and has declared that it will follow that for which, by regular judicial proceedings in the civil courts, was department, and thus possibly the Government would be saved a sine qua non in the preservation of peace between the treaty from wreck by such a declaration in the case supposed. powers whenever in the future there might be war or .insurrec- This difficulty is capable of being avoided, so far as Congress is tion in Cuba. · concerned, by tendering to the President the opportunity of This protocol applied to the same classes of persons found in coinciding with or vetoing the act of Congress. If he exercises the either country who are accused of crime and included them, with power to force a reconsideration by the use of his veto power, he a single exception, in the enjoyment of the same rights of trial in participates in the legislation and thereby concedes the power of all respects by the civil courts that are applied to the citizens of Congress, under the Constitution, to legislate upon the subject.

I I - \ 1896. CONGRESSIONAL RECORD-SENATE. 5327

If he denies such power and refuses to consider the question, he The PRESIDING OFFICER. Th~ question is -on the- adoption removes the question practically from the decision of the Supreme of the resolution as modified. Court and assumes to reject their arbitrament. That this course Mr. HILL. Let the text of the section be read as modified. would unsettle the foundations of the Government is a proposi­ The PRESIDING OFFICER. The Secretary will read as re-­ tion that is scarcely open to discussion. quested. It is, therefore, the proper course for Congress to observe, to The Secretary read as follows: send a joint resolution to the President declaring that a state of SEC. 3. That the President is requested, if it is not incompatible with the public war exists in Cuba and that parties en~aged in that war public service, to communicate to the Senate copies of any correspondence that has taken place between the Governments of Spain and the United are belligerents, to each of whom the laws of natiOns equally apply, States resp ecting the said protocol and its bearing or effect 1-won the trial if such i

He also presented a petition of sundry citizens of Pennsylvania, tending the provisions of an act of Congress entitled "An act ap­ praying for the passage of the so-called Stone immigration bill; proving with amendments the funding act of Arizona," approved which was referred to the Committee on Immigration. June 25, 1890, and the act amendatory thereof and supplemental DISTRIBUTION OF SEEDS. thereto, approved August 3, 1894; which was read twice by its Mr. PROCTOR. I have a letter from the Secretary of Agricul­ title, and referred to the Committee on Territories. ture, which I ask to have read from the Secretary's desk and then AMENDMENTS TO DEFICIENCY APPROPRIATION BILL. printed for the information of the Senate. Mr. HILL submitted an amendment intended to be proposed by The PRESIDING OFFICER. The letter will be read. him to the general deficiency appropriation bill; which was re­ The letter was read, and ordered to be printed, as follows: ferred to the Committee on Appropriations, and ordered to be UNITED STATES DEPARTMENT OF AGRICULTURE, printed. OFFICE OF TRE SECRETARY, Mr. PLATT submitted an amendment intended to be proposed Washington, D. C., ltiay 16,1896. SIR: The law authorizes the distribution by the Secretary of Agriculture by him to the general deficiency appropriation bill; which wa.s of one-third of the seed purchased "to those who apply for the same" di­ ordered to be printed, and, with the accompanying paper, was rectly to the Department. Owing to the lateness of the season it is desirable 1·eferred to the Committee on Appropriations. that all the seed b e distributed immediately in those more northern districts where they may still be 1:sed, or wherever they may be sought for by the NORTHERN PACIFIC RAILROAD COMPANY. people. A careful inventory completed to-day shows that there will be, of the Sec­ Mr. JONES of Arkansas submitted an amendment intended to retary's quota, about 2.000.000 packets of vegetabloseed andlOO,OOO packets of be proposed by him to the joint resolution (S. R.124) to facilitate flower seed remaining undistributed on the 20th instant, after all regular the reorganization of the Northern Pacific Railroad Company; to • orders have been filled. . secure to actual settlers the right to purchase at a price not ex­ In order that these seeds may be promptly forwarded to such districts a.s need them, I have the honor to request that you inform each member of the ceeding $2.50 per acre the agricultural lands within its grant, and Senate that 1,000 mail packages of vegetable seed and 40 mail packages of to prohibit said company or any successor company from giving flower seed have been allotted to each one of them as an additional quota, by consolidation, sale, or other corporate action control of its rail­ and that they are r espectfully requested to cause to be sent to this Depart­ ment immediately addressed franks to be attached thereto. road to any corporation, company, person, or association of persons Since the 1st of May is the limit for the distribution of the regular quota, owning, operating, or controlling a parallel or competing railroad; and it is important that these seeds be immediately distributed in order to which was ordered to lie on the table, and to be printed. be used this season, this present allotment will hold until the 21st instant, on which date the entire surplus of 400,000 mail packages will be s ent out in ac­ MESSAGE FROM THE HOUSE. cordance with existing law to those p ersons" whose names and addresses have been furnished by Senators and Representatives in Congress and who A message from the House of Representatives, by Mr. CHAPELL, have not before during the same season been supplied by the Department." one of its clerks, announced that the House insisted upon its In 'case, then, some memhers do not take their additional quotas, there will amendment to the bill (S. 710) granting a pension to Ada J. be an opportunity for oth ers to get an additional supply. These will be for­ warded m the order in which the franks are received until the entire sur­ Schwatka, widow of the late Lieut. Frederick Schwatka; agreed plus is exhausted. For these reasons it will be necessary to receive all franks to the conference asked for by the Senate on the disagreeing votes for the additional allotments before the close of business on Wednesday, of the two Houses thereon, and had appointed Mr. LouDENSLAGER, May20. Very respectfully, yours, CHAS. W. DABNEY, JR., Mr. COLSON, and Mr. STALLINGS managers at the conference on Acting Secretary. the part of the House. Hon. REDFIELD PROCTOR, The message also announced that the House had passed the fol· Chairman Committee. on Agriculture and Fm·estry, lowing bills: United States Senate. A bill (S. 144) granting an increase of pension to T. Clarkson REPORTS OF COMMITTEES. Ingalls; Mr. PROCTOR, from the Committee on Military Affairs, to A bill (S.145) granting a pension to Maud Ardelle Bliss; whom was referred the bill (S. 2384) for the relief of David 0. A bill (8.147) granting a pension to Elvira Bachelder; Burleigh, reported it without amendment, andsubmittedareport A bill (H. R. 2014) granting an increase of pension to Sarah A. thereon. Bull; and He also, from the Committee on the District of Columbia, who A bill (H. R. 2822) to increase the pension of Theodore V. Purdy. were instructed by a re8olution of the Senate adopted February 4, The mesc:Jage further announced that the House had passed the 1896, to inquire into the propriety of purchasing Analostan Island following bills, with amendments in which it requested the con· for the erection of a contagious hospital, and for such other pur­ currence of the Senate: poses as the Government may require, etc., submitted a report A bill (S. 739) granting an increase of pension to C. E. Phil­ thereon; which was ordered to be printed. brook, widow of AI vale Philbrook, major of Twenty-fourth Regi­ Mr. MITCHELL of Oregon, from the Committee on Claims, to ment Wisconsin Volunteers; whom was referred the amendment submitted by Mr. HILL on the A bill (S.1~0) granting an increase of pension to Elizabeth W. 9th instant, intended to be proposed to the general deficiency ap­ Sutherland; and · propriation bill, the amendment providing for the settlement A bill (8.1924) granting a pension t_o Carrie L. Yeaton. with James M. Willbur for excess in weight of material, etc., on and around the New York City post-office, reported it without HOUSE PENSION BILLS. amendment, and moved that it be referred to the Committee on The message also announced that the House had passed the fol· Appropriations and printed; which was agreed to. lowing bills; in which it requested the concurrence of the Senate: Mr. PETTIGREW, from the Committee on Indian Affairs, to A bill (H. R.126) for the relief of Martha Lindsay; whom was referred the bill (H. R. 3656) providing for free home­ A bill (H. R. 717) granting a pension to Mary Ann Lafferty; steads on the public lands for actual and bona fide settlers, and A bill (H. R. 979) granting a pension to Frances E. Helfenstein; reserving the public lands for that purpose, reported it with A bill (H. R.1500) granting a pension to Gemge W. Bagley; amendments, and submitted a report thereon. A bill (H. R.1511) for the relief of Lydia Boynton Ferris; Mr. PERKINS, from the Committee on Naval Affairs, to whom A bill (H. R.1599) granting a pension to Phcebe M. Woolley was refen·ed the bill (S. 2753) authorizing and directing the Sec­ Palmeter; retary of the Navy to donate one condemned cannon to the Lake A bill (H. R.1825) granting a pension to Mary Prince, widow of Madison Veteran Association, Grand Army of the Republic, of the Ellis Prince; State of South Dakota, reported it without amendment. A bill (H. R.1826) granting a 119nsion to Henry Prince; A bill (H. R. 1827) granting a pension toN ancy B. Prince, widow DONATION OF CONDIDINED CANNON. of Elbert Prince; Mr. PERKINS. I am directed by the Committee on Naval Af­ A bill (H. R.1890) granting a pension to Mary Martin; fairs to ask that the bill (S. 2017) authorizing and directing the A bill (H. R.1891) granting a pension to Celestia R. Barry; Secretary of the Navy to donate one condemned cannon to the A bill (H. R. 1892) granting a pension to Catharine Darragh; Allen M. Harmon Post, Grand Army of the Republic, at North­ A bill (H. R. 2006) to increase the pension of Harriet C. Gregg, ville, Mich., be taken from the Calendar and postponed indefinitely, widow of Col. John Irvin Gregg, from $30 to $50 per month; as the object the bill desires to obtain ha.s already been reached A bill (H. R. 2042) to increase the pension of Wilbur F. Cogs­ by the passage of a House bill by the Senate. · well; The PRESIDING OFFICER. The bill will be postponed in­ A bill (H. R. 2358) for the relief of Arminda White, widow of definitely. Israel White; BILLS INTRODUCED. A bill (H. R. 2359) granting a pension to Katherine Zeigenheim, Mr. SHERMAN introduced a bJll (S. 3159) granting a pension of Louisv1lle, Ky.; to Hannah :McDaniel; which was read twice by its title, and, with A bill (H. R. 2373) granting a pension to Elvin J. Brown; the accompanying paperg, refen-ed to the Committee on Pensions. A bill (H. R. 2941) granting increase of pension to Alfred P. He also introduced a bill (S. 3160) for the relief of the heirs of Buss; Lemuel J. Bowden, late a Senator from the State of Virginia; A bill (H. R. 2962) granting a pension to Carrie L. Greig, widow which was read twice by its title, and, with the accompanying of Theodore W. Greig, brevet major of volunteers; paper, referred to the Committee on Privileges and Elections. A bill (H. R. 2985) granting an increase of pension to Lemuel J. Mr. PERKINS introduced a bill (S. 3161) amending and ex- Essex; 1896. CONGRESSIONAL RECORD-SENATE. 5329

A bill (H. R. 3152) granting a pension to Charlotte A. Welton; tion being on the amendment of Mr. ALLEN, in section 5, on page A bill (H.R.3229) for the relief of Hannah Newell Barrett; 5, line 13, after the words "may be," to strike out "or one of A bill (H. R. 3264) to increase the pension of Mrs. Virginia E. them"; so as to read: Turtle, of the District of Columbia; . Also if either of the said corporation!> shall desire hereafter to issue bonds A bill (H. R. 3389) increasing pension of Albert Buck from $12 upon their property, secured by mortgage or otherwise, upon petition there­ for to said court. setting forth the necessity thereof and the amount of stock to $30 per month; issued and outstanding, it may and shall be lawful for said court, or the chief A bill (H.R. 3395) granting a pension to Carrie H. Green; justice and justices thereof, as the case may: be, upon public notice\ to be pre­ A bill (H. R. 3755) toincreasethepension of Mary C. Thompson; scribed by the rules of said court, to perrmt the issuance of such oonds and A bill (H. R. 3421) to grant a pension to Elizabeth Sadler; mortgage as desired. A bill (H. R. 3857) granting a pension to Thomas Brewer; Mr. FAULKNER. There is no objection to that amendment. A bill (H. R. 3890) granting a pension to George William Hodg- The amendment was agreed to. don; : Mr. GEORGE. There are several amendments of the commit­ A bill (H. R. 4001) to reinstate William Waldruponpensionroll; tee which were adopted the other day without any del;Jate, which I A bill (H. R. 4020) granting an increase of pension to Mrs. Wil­ desire to have amended. I move to reconsider the amendments liam Loring Spencer; reported by the committee on pages 1 and 2. They are all about A bill (H. R. 4283) granting a pension to Delia A. Marsh; the same thing. A bill (H. R. 4354) granting a pension to Mrs. Mary Gould Carr, Mr. KYLE. Mr. President, I am not a member of the Com­ widow of the lateBrig.andBvt. Maj. Gen. Joseph B. Carr, United mittee on the District of Columbia, though I have been interested States Volunteers,- deceased; for many years in the subjects committed to and considered by A bill (H. R. 4361) to pension William H. Nesbitt; that committee, notably the subject of municipal ownership and A bill (H. R. 4547) granting a pension to Silas S. White; control of some of our public enterprise~. A bill (H. R. 4604) granting a pension to Jane Fisher; · I have been led to take a deep interest in the gas question in A bill (H. R. 4753) granting an increase of pension to Lambert the District, and have become thoroughly convinced by my in­ L. Mulford; vestigations that there should be a lowering of the price and an A bill (H. R. 4721) granting an increase of pension to Orlenia J. improvement of the quality of the gas. Complaints have been Clark, of Louisville, Ky.; made to Congress for some twenty years, both as to the price and A bill (H. R. 4903) for the relief of Hattie A. Beach, child of quality of gas, that the price was exorbitant, that veryfew,only Erastus D. Beach, late a private in Company H, One hundred and the well to-do-classes, could afford to use it, and that the quality forty-third New York Volunteers; was such as to be at once injurious to the sight of those who were A bill (H. R. 4910) granting a pension to Cyrus Thomas; compelled to read by it at night and destructive to furniture and A bill (H. R. 5279) granting a pension to Jerusha H. Brown; house fittings. A bill (H. R. 5711) granting a pension to Richard P. Pilkington; These complaints have crystallized into various forms. Reso­ A bill (H. R. 5792) granting an increase of pension to Mrs. Julia lutions have been passed by several organizations and societies A. Jameson; throughout the District of Columbia. Here is one clipped from A bill (H. R. 6134) granting an increase of pension to Caroline a newspaper February 28, 1896, representing tlie Columbia E. Purdum; Heights Citizens' Association of the city of Washington: A bill (H. R. 6166) granting a pension to Minnie Parker, widow THE CITIZENS' VOICE-MUNICIP.A.L OWNERSHIP DEMANDED-THE ONLY W.A.Y of Col. and Bvt. Brig. Gen. Ely S.Parker,lateof the United States TO SECURE CHEAP G.A.S AND TELEPHONE SERVICE. Army; .At the last meeting of the Columbia Heights Citizens' .Association the fol- A bill (H. R. 6236) to grant a pension to Mrs. Helen A. Funk- lowing resolutions were unanimously adopted: " "Resolved, That in the opinion of the COlumbia. Heights Citizens' Associa­ hauser; tion the only real solution of the illumination problem in this city lies in the A bill (H. R. 6466) to increase the pension of George V. Barnard; direction of municipal ownership of the source of supply; that all attempts A bill (H. R. 6468) to increase the pension of Andrew R. Ladd; to regulate gas and electric light monopolies are failures;· that alleged red uc­ tions in price do not result in reductions in the size of the bills, and that com• A bill (H. R. 6546) granting a pension to Samuel Holliday; peting companies, so called, irultead of competing, combine. ·· . A bill (H. R. 6556) granting a pension to Jacob Brown; "Resolved, That this association most cordially indorses the position taken A bill (H. R. 6603) to pension the minor children of Patrick F. bf the District Commissioners in their proposal that the District shall fur· msh its citizens with cheap and good illumination, honestly measured, and Reynolds; control the conduits for a.n efficient and cheap telephone service. A bill (H. R. 6607) for the relief of Helen Larned; "Resolved, That we invite the other citizens' associations, and particularly A bill (H. R. 6826) granting a pension to Rhoda Augusta Thomp­ the press of the District, to an active and persistent agitation of this subject, son, daughter of the late Thaddeus Thompson, a private in the with the end in view of securing municipal ownership of the gas and elec­ tric light supply and municipal control of the telephone service. Revolutionary war; "Resolved, That a. copy of these resolutions be furnished the chairmen of A bill (H. R. 8184) granting a -pension to Jesse McMillan; and the two District-Committees in Congress and sent to the press." A bill (H. R. 8248) to increase the pension of Mrs. Emily E. Cash. A resolution embodying the same idea has been passed b.v the fThe above-named bills were severally read twice by their titles, East Washington Citizens' Association, and by various others. ana referred to the Committee on Pensions.] These complaints, Mr. President, are well founded. They were considered well founded by the Senate fully ten years· ago, and a SALE OF GAS IN THE DISTRICT OF COLUMBIA. special committee was then appointed to investigate the gas qu€s• Mr. FAULKNER. I ask unanimous consent for the resent tion. Upon that committee were the late Senator from Nebraska, consideration of the bill (H. R. 6994) relating to the sale of gas in Mr. VanWyck, the Senator from Kentucky, Mr. BLACKBURN, and the District of Columbia. Mr. Spooner, then a Senator from Wisconsin. After summoning I will state that this is a bill involving the question of the price expert witnesses from various quarters and giving the subject of gas, which has been fully considered by the committee, and very careful consideration, and after a full investigation of the passed upon by the Senate almost to the point of taking final methods of the gas company, the committee made a report that action upon it. · "the people are certainly entitled to have put in operation in this I desire to state further, before the question is submitted by city for their benefit the best and most approved appliances and the Chair, that it is really necessary to pass upon this bill, as the methods for making gas cheap and pure, whatever revolution that whole subject-matter involved in the bill is partially involved in may require in the methods now here in use. Economy and the the District of Columbia appropriation bill, which is really now public health alike demand it." before the Senate; and this matter ought to be decided by the Though the report was presented here some ten years ago, nothing Senate before the appropriation bill for the District of Columbia so far has been done by Congress in the way of relief for the people, is reached. I therefore ask that it be taken up for consideration. although we are the board of aldermen for this District, and it is I will state that the bill has been read, all the amendments pro­ our duty as that board to act when the citizens of the District posed by the committee have been adopted, and the bill is still as call upon us for an investigation of this kind. Bills have been in Committee of the Whole. introduced, to be sure, from time totimesince1886andhave been re­ Mr. GEORGE. I was going to state that the bill is still in ferred to the District Committee-bills that provided for a cheaper Committee of the Whole. and a better gas, and bills like the one introduced by the Senator Mr. KYLE. There will certainly be objection to the bill. We from Kansas [Mr. PEFFER], providing for municipal ownership all understand that there will be precipitated upon this bill the dis­ of the gas plant. But those measures to-day sleep the sleep of the cussion upon the price of gas, which otherwise would occur later just in the District Committee. upon the District appropriation bill when that item is reached. A year ago a new company was organized for the purpose of The PRESIDING OFFICER. Is there objection to the present furnishing gas to the District of Columbia. It was a responsible consideration of the bill indicated by the Senator from West Vir­ company. The members of the company were willing to place ginia? themselves under $200,000 bonds to furnish a better quality of gas, There being no objection, the Senate, as in Committee of the 22 candlepower as against 16 candlepower that we get at the Whole, resumed the consideration of the bill (H. R. 6994) relating present time, and instead of $1.50 the prke to be 75 cents to the to the sale of gas in the District of Columbia, the pending ques- citizens and 60 cents to the city at large. That bill also went to XXVIII-334 5330 CONGRESSIONAL RECORD-SENATE. the committee, and after receivmg some discussion, I believe, it tion. and distribution." I h~ve had m7 ideas for some time as to was allowed to ~?leap. During the present year I reintroduced what was meant by this plank, but 1 wished to have it from the the bill. It was considered in the committee and a short time pen of their OW}l leaders to see whether they held doctrines in since was reported adversely.. I believe this was done because the common with the declarations of•the Omaha platformr present bill had passed the House, and the committee thought it Mr. Cowdon says: possible to effect a compTomise, th~ provisions of which we now RooM 17, 524 TENTH STREET NoRTHWEST, have before ns in Honse bill 6994 as amended. Washi ngton, D. C., May G, 1896. Mr. Ptesident, I believe that the-proper solution of the question DEAR Srn: Your inquiry of this date as to my interpretation of the f!nnous lies in municipal ownership. This is entirely a business proposi~ plank 10 of the SociBJist platform is at hand. In reply would say that " we kickers" want the publ:ie to own and operate tion,. and should be settled by the same principles which men "public industries" coextensi-ve and contemporaneously, i:f not to the ulti­ adopt in the conduct of their private business. A business man mate exclusion of e.Illegitimate •~private industries." would be considered foolish to farm out his business by private He winds up by saying: c4>ntl!'act when he corrld do it better himself. Merchants, farmers, In further explnnation of my interpretation of" the legislation that will ba oaJlkers, railroad men, mine operators, all adopt business methods need ed to :interpret OUl' pla.n 10 you are very respectfully referred to as being the best economic methods. Em·ope has taken up the plans 5 to 41. of my own book on Public Cooperation, herewith handed your question as an economical proposition. Our own citie are being private secretary. Very respectfully, JAMES SELDON COWDON. forced to that position by the· results of their investigation in Em·o~ Hou. JAMES H. KYLE", pean cities. United States> Sena:te. I 1·ecognize that there are some objections, but the chief objec~ tion in the mind of many people to-day is a political one. The The PRESIDING OFFICER. The SenatorfromSouth Dakota. objection upon the part of the Senators and Members is largely will suspend. The hour of 2 o'clock having arrived~ the Chair political. We have got it into our heads that the moment we lays before the Senate the unfinished bnsinesg, which will be stated. yield 6lJ jot or tittle to the question of mrmicipal ownership we are traveling in the direction of paternalism and socialism, and all The SECRETARY. A bill (H. R. 5Z10) making appropriations to you have to do to scai"e some legisl.a,tors is to hold up before them provide for the expenses of the government of the District of the red flag of paternalism or soci-alism. The Populist pa1·ty is Cohrmbfa. for the fiscal year ending June 30, 1897, and for other now accused of adopting these ideas because they are in line with purposes. paternalism and socialism. .1\l:r. TELLER. I ask that the unfinished business may be laid aside temporarily, and that the Senate may proceed with the bill THE PEOPLE S PARTY A...-..D SOCl.ALISM. that has been under consideration. I grant~ Mr. President, that mU1licipal ownership is in the line The PRESIDING OFFICER. Is the:re objection? The Chair of socialism; but the Republican party, the Democratic party, the hears non~ _!nd the Senator from South Dakota will pToceed. Populist party, and all good citizens are in favor of a modified 1\Ir. KYLJ!.j. I have here Mr. Cowdon:s book upon Public Co­ form of paternalism and socialism. Populism is not socialism. operation. Mind you, thee men d(}not claim to be advocates of The adoption of a modified system of socialism such as we have pure socialism or communism. They call themselves the" Social­ u11:der consideration does not brand us as socialists. Our insane istic Labor party'~ of the United States. His plans 5 to 41 a1·e asylumsaresocialistic. Our system ofpublicschoolsin the United bills, so to speak, for the reconstruction of the Gove1·nment upon States is socialistic. Our standing armies, our system of post­ the lines of the Socialistic Labor party. offices-all these are socialistic. Socialism, in the modified sense of The fu'St bill that he proposes to have introduced is a bill to the word, as applied to great American enterprises, means that the establish an executive department of public labor; second, a de.. American people can better do thes-e things than they can be done partment of public land; thir-d, a department of public tra,nspor­ by private corporations. In that sense the Republican and Dem­ tation; fourth, a department of public communication; fifth. a oeratic parties are socialistic in kind, as well as the Populist party. department of public education; then a department of public in- . We differ only in degree. The Republican party is a little more surance; next, a department of publi-c printing; then a depart­ socialistic. than the Democratic parrty,. which believes that all ment of prrblic periodicals-that the Government shall publish all tlri:ngs should be done by the States o1· by individuals as far as the periodicals. The Senator from N ebraaka [liir. ALLEN] asks me possible. what I am reading from. It is a book representing the plans of the The Republican -party to-day is respons:Wle for a large number Socialistic Labor party of the United States for public cooperation; of so-called socialistic enterprises which have been of great benefit something that we think does not belong to the Populist party. to the people of the United States. Now, the Populist party I am trying at the present time to eliminate this from the Populist merely aims to add to the list a few more of these public functions doctrine. or enterprises, in order that the people ~hall be relieved from the Mr. PEFFER. It has never been there. burdens of taxation and extortionr The Populist party in their 1\I.r. KYLE. No; it hasne-.;-er been there. Str Louis platform declared for individualism, but asked that the Next a department of public document , a department of public Government ownerslrip of public enterprises- be extended to the elections, a deparlment of public roads, a department of public 1railroads and telegraphs, and to municipal ownership of gas, elec­ farms, a bill for a department of public ftsherie3, a bill to establish tric-light, and water works. an executive department of public forests, a department of public It is very easy for Senators to cha1·ge the Populist pa1·ty with fluids, a department of public forces, a department of public mines, running at a headlong gait toward socialism. The Senator from a department of public manufactures-that the Government shall Colorado [Mr. WoLCOTT], whom I do not see in hisseat, motmted do all the manufacturing; next for public products. In this he his hi&"h horse a few days ago and charged roughshod into the states: Popnl1st camp, declaring to the wo:rld: that he was willing to stand by the record of the Republican party, come. what would First, to establish as :many classes of public stores, shops, and places of mer­ in the next convention at St. Louis. He was not willing to go to chandising as may be necessary to su-pply the wants o.f the people. the Ponulist party. He would go anywhere rather than to that It is proposed that the Government shall manage all the stores; party, ~because they were the exponents of socialism. next a department of public works, a department of public meth­ Mr. President, the Senator from Colorado and other Senators ods, a department of public statistics: a department of public sur­ misjudge the Populist party by making certain extremists the veying:, a department of public measures, a department of public exponents of our doctrine. Governor Waite, of Colorado, and inventions, a department of ~ublic scien.ce, a department of pub­ otheY men of like views d({ not represent the solid: sentiment of lic fairs, a department of puolic libraries, a department of public the Populist party of the United States. lectures-that the dovei'llment shall furnish all the lectures for The Populist party as a body believes in the fundamental prin­ the people; next a; department of public amusements, a department ciples as taught in the Republican party as far as the preservation of public comfort-the-Government shall furnish all the comforts of individualism is concerned. We believe through and through, possible; next a department of public health, a department of heart and soul, in individualism, and we number in our ranks the public hotels, a department of public baths-that the Government honest, hardy yeomanry of the nation. shall give e-verybody a bath; next a departme:nt of public laun­ I have taken the trouble, Mr. President, to make inquiry of some dries-that the Government shall do the laundry work of the of the prominent socialists of the United States as to what is meant people of the United States; next is a department of public rec­ by a particular plank in their platform. I have done this in orde1· ordsr and the last one is a department of public buildings. to set the Populist party right before the people in regard to the This, Mr. President, represents the views of the practical men question of socialism, and to show the people that socialism is no of the Socialistic Labor party of the United State3; but in order part of the fundamental planks of the Omaha platform. ,l have a to be perfectly sure as to the doctrines taught by this organization letter from James Seldon Cowdon, a prominent member of the I addressed a letter to the leader of the party in the United States, Socialistic Labor party of the United States, a resident of the city Mr. De Leon. Mr. De Leon is the editor of The People, the of Washington, in reply to my question as to what was meant by Socialistic Labor organ published in New York. I askecl him the .. , PlankNo.IO,' so called, of the Chicago Socialistic platform, which same question, namely, what was his interpretation of the so-called cleciared for the '' Government ownership of all means- of produc- . plank No. 10 of the Chicago platform, which declared for the

·. 1896. CONGRESSIONAL RECORD-SENATE. 5331

"GDvernment ownership- of the means or p-roduction," and. he a private corporation tlie enormous sum of S180 per lamp, but replied as follows: Chicago, which owns its own plant, pays for the same service $65 NEW YoRK, May 8, 1896. per year, a good deal less than one-half. So he go~s on through a D.EA.R S.rn: Ihave yours. of yesterday. list of cities, making the comparison, and he closes up his article By- this mail I forward to you copy o-f tliis paper, on the fourth page of by saying: wh...:.Ch you will find the national platform of the Socialist Labor party. ".Pl?-nk.:J.U'' is_nopart_ ofourpla~orm,as suci;t. '.rheCl?ca~m:ganizationof A report of the New York senate shows that the people of New York City, socillJ.ists.IB affiliated w:1th our nationalexecutive organiZation. Its platform under private ownership, have been bled in the last ten years to the extent is.mu·s and ours is its. of $80;074:,711>.2'7 above what they ought tG h.·wo paid. Municipa,l ownership in the United States. shows a net saving of 40 per cent. City C:Jwnership of all His interpretation, of course, would be conBide-r@d good. public-atilities is a necessity.-Twentieth Century. 'I:he history et- "phnk 10" is tJJ.is: At the Chicago convention (Deceml)er, I have here an article of the same kind from the Star, an e.di­ !893) of the American Federation o:f Laoor a delegate presented a platfoi:Ill. of se"ern.l planks. 'I'he tenth dema.ndcd the national ownership of the means tori:a-1 of April20~ 1893. They take up the city of Peabody, Mass., of. productiof the United States, onlJI two or three: of whom. I know per­ Office De-_partment. Wlmt-was-the position of the framers of eur Constitution:l- They said here is a na.tuxal monopoly, here is a sonally-Al'onzo W~rdell, of. Kansas, and H. L. Loucks, of Snu:th. Dakota. monopoly-per seta.monopoly b¥ natme, here is a monopoly th-at must be used by the ag~mt of. the pe.ople for thff benefit of all the: Mr. President, tfuig, let me say, is not Populism-. It has noth­ people and for the public good at cost, for if allowed to go into­ ing in common with Populism. In my judgmell:t, and in the private hands it would be- used by private individuals for private judgment of all who may listen to the reading of these declara­ gain and to the detriment of the public. What position did they­ tions, it means the destruction of individualism. It means the take? They laid it down. in the Constitution as a fundamental destruction of private enterprises; and the people of the United law that too Post-Offi-ce Department; being a natural monopoly,. States are not I!ea.dy for· such an innovation. wa1'l: a. public- function, a fun.Gltion of· Government; rua.d should ba MUNICIPAL OWNERSHIP THE BEST BUSL.'rnSS METHOD. used by the Government for the public good~ Henry Ctay took: But, Mr. President, municipal ownership of gas, electric-light, the same position in 1844, when. the question: was raised a.s- to and waterworks and street Tail ways is not socialism to the extent of whether electricity should be used by the Post-Office l!>epartmen t destroying individualism.. Itismerelythe application.of business as a function of the Government ta facilitate the. postal service; sense and businBSS" methods to these grea-t public functions and and Hon. Cave J ohnoon, th-e Postmaster-Gene1·al under President enterprises fm: the purpose-of serving the-people econ0mically and Polk, a strict construe.tionAdlninistra.tion, to·okthe same position; well along there lines. and JDhn. C. Calhorm, another stri-ct cnn.structionist, a. Democrat fhave before me an editorial from the Twentieth Centm:y, a;veTy of DemDcrats (nat the. modem kindT thank God, but the good old strorrg editorial, putting the whole ques-tion upon a purely busi- original Jefferson: kind)-, to.ok thee position that it- shou:ld be usedr ness basis, Theeditor, aftercommendingthescheme of municlflal not by private- corporations, but as- a paTt of the Pbst.-Offi-ce De-­ ewneTship, goes- on tu state that BeT lin, in G-ermany,. ha:s had tlie partme-nt as a public function, a;ccfJTdfug to the Constitution. advantage of municipal ownership for a number of years-. They ThB: Ways and Means. Committee of COifocrress in 1845 took the. own their electric-light and water works- and thell: gas a.nd street same position in an able argument reported to this body. That­ railways and telephones;. in f.act, all public improvements.. 'Fhe- is the position. of the PeoQle's Party on this question, and if the . eity-makes a profit of 5~000, 000 marks, or $1,250,000, per yea-u abov.e other natural manop.elies w& have: to.-day had been in existence· all expenses, and that is· turned into the city. treasury. Paris- when the Cb.nstitution wa& formed the framers of that instrument­ has turned $40,000,000·into the treasury in ten years by the same would have-laid it down as a part of the written fundamental law means. that those natural monopolies should be used for the public good. The writer goes- on to-state that in consequence ofmuniei:paT as a government function, and every man who is a true. .Ameri­ ownership of the street railways in the city of Berlin a laboring:- can, who sincerely believes in a republican form of government, man can ride three hundred an<.l sixty-five days in the year bar-.Jt: must talte that position with. reference to all natural monopolies-. and' forth as many times as he chooses for the sum of $4.50, while :Mr. KYLE. Will the Senator from North Carolina. allow me? in the city of New York to ride once a day to his work an.t:T back Mr. BUTLER. Pardon: me. Just one word further:. . I think a-gain upon the street cars will coat him $36 a yea-r. Further, t'hat it is importa:ntto get this matter straight since the subject is up, in the city of Glasgow, Scotland, the railroad.fare is: but a c€nts. with the Senator's permission. per passenger; that. the city of Denver does its own. street clean- 'Jfue position of the People'a Party is simply the position of 1 ing at an expense of $8~7'5 per mile per day, while it cos.ts the city . Thomas .Iefferson. Re feared the da.nger 0f natural monopolies-,, of Chicago for the same sort of enterprise $22 per mile peT day; · those fun:ctiong. whlcli are by nature monopolies, going into-th.~ that in the- city of Stannton, Va., which owns its own electric- hands of private individuals. That is where-the Peopi&s: Party light plant, they burn. e. very night during the year fol' S24: p& stands to-day; and any man who does n0t stand with the People's light per annum, while it costs the city of Peoria, m ..,. $145 un.d.er Party f.orthat doctTine-is a. monopolis.t. He is a. monarchist;. he private ownership. He states further that in the city of Bloom- · is opposed to the: fundamental principles of free government and ington, Ill., which lias 240 lights burning all night, without Tegard republican institutions. He is an enemy tu the welfare and pros­ to the_m-oon, and_whe:t:e they ow.n their own plant, the eost i& but perity of our people. If there is a Senator on tills fi:oor who will $00 per.ligh:t:per year, and that the city of Dunkirk, N.Y., wh:ieh ! stand.inhis place a.nd.say: he is opposed to that doctrine, oppose.d own:s-im own. plant, furnishes light all night and. every night for to that fundamentar principle on which our Government i:s $3(f. .50 ·eachper ye-ar. follilded,.then he is antagonistic to our form of government; he is '.I'he:a.ve1·ag.e pniee-paid to private pal'ties by the various- cities- out of line with the Constitution. and the spirit of theConstitu­ iffi$lOi'U3 pEHZ l!i:g:h:t: per. year,. \Vlrile the: ave~age where. the municir- tion. That is where the People's Party stands:. It does not go p&lities ownthese:gxeatpnblic-en:rerpriseaia$02'J2f.- Boston pys: one-step further nor rec.ede one step frt:>m it., That.: is what ita 5332 CONGRESSIONAL RECORD-SENATE. MAY 16,

platform calls for, simply a strict adherence to the Constitution The same is true with reference to mUnicipal ownership of elec- in letter andspirit. tric lights. · · Any man who is opposed to the position of the People's Party FromAdvanceClub Leaflets No.2, published at Providence, R.I., on this fundamental question would to-day, if be had his way, by the Advance Club, I find a list of 139 cities of the United States put our Post-Office Department in the hands of the telegraph given which are furnished electric lights by private companies for monopoly, or express company, or railroad combirie. Let the street purposes. The price charged is on the average $110.98 for people beware of such men. Next to an agent of the British gold 2,000-candlepower arcs and $55.49 for 1,000-candlepower arcs. trust, the most dangerous enemy to a republican form of govern­ Following this is given a list of 24 cities where electricity is fur­ ment and to the welfare and prosperity of the people is the nished by the municipality, and the price charged for 2,000-candle­ monopolist. And when the gold trust and the monopolies com­ power arcs (average) is $52.40, and for 1,000-candlepower arcs bine, a.s they have now, they are the arch enemies of the liberty $26.20 Washington pays a private company, I believe, $146 for and happiness of the human race. The People's Party is the 1,000 candlepower. Here is another list of cities furni,shed elec­ only organization that can be trusted to defend the rights of the tricity by private companies and a list furnished by lllUnicipal con­ people and fight these curses of humanity and civilization. trol. This confirms the statements made in the club leaflet just Mr. KYLE. Mr. President, the municipal ownership of these referred to: public enterprises is no untried theory. I stated a moment ago that it has been adopted in many countries in Europe and in OWNED AND OPERATED BY MUNICIPALITIES. many American cities. I have a list before me of some cities in England which own their own plants-Birmingham, Bolton, Cities operating No. of Total cost Cost per electric- arc Candle· Period of of plant arc light Carlisle, Leicester: Manchester, Nottingham, Oldham, Salford, lighting plants. lights. power. illumination. with per year. etc. buildings. Two-thirds of all the municipalities in Great Britain own their gas plants, and the revenue derived from them, according to sta­ Little Rock, Ark ____ 111 2,000 8 hour!!_----~------$35,000 $54. 00 Aurora, TIL ______81 2,000 7 hours36 minutes 43,000 66.69 tistics, is from one hundred to two hundred and fifty thousand Bloomington, TIL ___ 2tO 2,000 All night ______80,000 50.00 dollars per annum, and they sell pure coal gas at from 50 to 55 Deca.tulll TIL ______61 2,000 Darknights ______21,000 49.18 10 hours ______----- cents per thousand feet. El~, ------80 2,000 All night ______.____ 23, 000 43.00 The same is true of Germany. In the United States we have Moine, ill------80 2,000 21,000 53.00 Paris, ill------·-- 60 2.000 7 hours ____ ------~- 9,600 40.00 cities like Henderson, Ky.; Huntsville, Mo.; Bellefontaine, Ohio; Madison, Ind ______85 2,000 Moon, a.ll night ___ 25,000 68.50 Hamilton, Ohio; Philadelphia, Pa.; Alexandria, Va.; Charlottes­ Topeka, Ka.ns_ ----- _ 184 2,000 All night ______50,000 97.50 Bowling Green, Ky- 60 2, (XX) Moon, all night ___ 15,000 50.00 ville, Va.; Danville, Va.; Fredericksburg, Va.; Wheeling,W. Va., Ban~or, _ Me ______140 2,000 All night ______35,000 45.00 and so on, which have adopted the principle, and it has proved, LeWISton, Me ______100 2,000 Moon, all night ___ 15,000 04.75 let me say, a great source of revenue to the treasuries of those Bay City, Mich _____ 143 2,000 Moon, all night __ ._ 00,000 68.00 Ypsilanti, Mich _____ 80 2,000 Moon to 1 a.m ____ 24:,000 23.60 respective cities. I have some facts before me showing this. St. Joseph, Mo ______208 2,000 8 hours ______-----· 65,000 72.00 In 1893, of the 44 largest towns in Germany 29 owned their own Galion, Ohio ______73 2,000 Moon, all night ___ 23,000 est.35.00 gas works. Leipsic owns its own gas works and returns annually Marietta, Ohio_----· 65 2,000 Dark to midnight_ 13,000 38.00 Chambersburg, Pa. 62 2,000 6 hours ______84,500 45.00 into the treasury the sum of $280,000. Breslau turns into the Easton, Pa ______82 2,000 All dark nights ___ 20,000 87.00 treasury $100,000 per annum. Berlin turned in in that year $1 ,- Meadville, Pa. ______74 2,000 7 hours ______------20, 000 47.43 793,518. Berlin from the waterworks turned in $380,000. Paris Titusville, Pa ______60 2,000 10 hours ____ ------9,000 est. 40.00 Gal-veston, Tex _____ 7 hours ______------from the gas works in 1892 turned into the treasury $2,260,000; Staunton, Va ______175 2, 000 40,000 87.60 BiliDingham, England, $150,000; Dresden, $187 ,000; Bolton, Eng­ 50 1,200 10 hours _____ ------17,000 2!.00 land, $140,000; Manchester, $250,000; Salford, $187,000; Leicester, $135,000; Nottingham, $125,000. Average cost per light per year of arcs operated by 23 cities, $53.0-i. Mr. HARRIS. Will the Senator from South Dakota allow me OWNED AND OPERATED BY PRIVATE COMPA:l\'IES. to ask him for information, because I really do not know, whether the amounts turned into the treasury purport to be profits in that Number of arc Contract particular business or.simply the amounts collected from private Cities supplied by private lights, price to Period ot illumination. ;per arc consumers, irrespective of what it cost the government run companies. 2,0'JO light per those various_ enterprises? candle­ year. Mr. KYLE. They represent the profits. power. M.r. HARRIS. The net profit? Mr. KYLE. The net profit. TexarkanaiiArk------31 Sloo.oo Danville, I __ ------80 1~o~8!~d~=~::::::::::::~:: 80.00 Mr. HARRIS; Over and above the-cost of production? Jacksonville, rn ------71 Moon, all night------96.00 Mr. KYLE. Yes, sir; and turned into the treasury. Joliet, TIL------·-- . 121 All night ______------124:.00 I have here the report of the mayor of the city of Philadelphia. Peoria, ill------233 Moon,aJl night------14.5.00 Springfield. ill------­ 100 --All__ . do_------night ______-··------__ _ 137.00 I wish to read a short statement showing the profit in that city Streator, ill------60 96.00 from the city's ownership of the gas works, which is right in line Kokomo,Logansport, Ind Ind____ ------______56 ____ _do _------100.00 with the remarks of the Senator from Tennessee f:Mr. HARRIS]. 85 Moon, all night------100.00 Arkansas City, Kana ______35 To 12 p.m. ______72. 00 This is from the report of the mayor of Philade phia for 1895, Fort Scott, Kans ------_ 75 Moon schedule, I a. m ------80.00 Edwin S. Stuart. On page 12 of the report, speaking of the bureau Owensboro, Ky ------·-­ 32 -___ _do ______------_ 110.00 of gas, he says: Au!!"usta, Me------·------tiS Nine hours ------76.33 Bath, Me------____ ------·-- 31 AllTo 1 night a.. m------·------· ______125.00 · The total expenditures of the bureau of gas from 1891 to 1894:, inclul'ive, for Grand Rapids, Mich ------­ 120 109.50 material, maintenance, labor, supplies, coal, etc., were $10,858,910.58, and for Lansing, Mich ------100 Moon; all night------100.00 extensions and permanent improvements $1,050,248.81; a total of $11,909,159.39. Kansas City, Mo ______128 All night ______------·--· 200.75 During the past four years there have been turned into the city treasury as Sedali_~ Mo ------­ 92 Moon, all night------87.00 receipts from this bureau $14:,790,4:0!.25, or very nearly $3,000,000 in excess of Springneld,\lo ------­ M - ____ do------·-·------136.00 the entire expenditures. Bellajre, Ohio ------­ 52 _____ do------90.00 "In excess of the entire expenditures." Fremont, Ohio ------­ 70 AllMoon, night all ______night ·-----·------______90. 00 Allentown,Hillsboro, OhiO------Pa ______63 All dark nights ______70.00 This is in the fa-ee of the fact that the price of gas in 1894: was reduced from 98 100.00 $1.50 to $1 per thousand feet, a decrease of 33i per cent in .the price. Lebanon,Pa ------­ 60 80.00 Newcastle, Pa _------­ 50 Th ~iEht- : ::: :::~::::::::::: 80.00 Mr. FAULKNER. What city does the Senator refer to? South Bethlehem, Pa ------­ 55 AllMoon night to 12 ______p. m ------_ 81.82 Mr. KYLE. Philadelphia. I read from the mayor's report. Dallas, Tex ------165 95.85 Houston, Tex ___ __------92 _____ do------·------·-­ 150.00 . He goes on to state: Parkersbur~, Va ------58 __ ___ do------102. 00 It is but just to the bureau of ~as to state clearly that the money received by the city for its operation durm~ the past four years not only equaled the entire snm appropriated to it durmg that period, including the cost of per­ Average cost per light per year of. arcs operated by 29 private companies, marlent improvements, but that it returned a profit over and above these $106.01. expenditures of nearly $3,000,000. · Th~se facts, Mr. President, seem to me to be conclusive evi­ He gives the number of gas lamps for 1891 -as 16,649, and mak­ dence a.s to the expediency and wisdom of a municipality owning ingthe computation at $1 per thousand for these lamps, the amount such enterprises. saved by furnishing their own city street lamps would be $3,299,- MUST BE CONTENT WITH PRIVATE CORPORATION. 122, making the total as follows: But I realize that at the present time, probably, we must con­ Receipts over expenses for furnishing to the city _____ $3, 931, 594 fine ourselves to the control of the present private corporation in From gas supplied for public use ______------3, 299,122 this city. I do not know whether the good sense of the American Congress can be aroused to such a point that they will enact into Making a total profit to the city of Philadelphia law what they feel and know to be for the general good of the in four years of______7, 230, 716 people . of this city. Though we might show them figures from Or an annual p!"ofit IJlf ------. 1, 807,679 100 Ew·opea.n cities, though we might show them such figures as .- . 1896. CONGRESSIONAL RECORD-SENATE. 5333

I have read from the report of the mayor of Philadelphia, and Senator from Mississippi suggests the want of a quorum. The from many prominent cities even larger than Washington, yet Secretary will call the roll. they will not believe, and we shall go on year after year voting The Secretary called the roll; and the following Senators an­ our subsidies or our privileges to these private corporations. -swered to their names: I do not know why it is. I do not know why the gas company Allen, Chilton, Harris, Pettigrew, in the District of Columbia and the street-railway companies Allison, Clark, Hawley, Platt, should have such a hold upon the United States Congress. Some­ Bacon, Cockrell, Jones, Ark. Proctor, Baker, Cullom, Kyle, Pugh, times I feel charitable and say it is because of our neglect. What Bate, Davis, Lindsay, Quay, is everybody's business seems to be nobody's business, and so the Berry, Dubois, *?'llsrtin, Roach, corporations get what they please. But at the same time I do Blackburn, Elkins, .liLl h Sherman, Brown, Faulkner, Mite ell, Oreg. Squire, know that lobbyists are abroad in the land, that lobbyists are Butler, Gallinger, Morgan, Teller, around the House and around the Senate corridort:~ every day dur­ Caffery, Gear, Nelson, Turpie, ing the consideration of these bills; that stockholders in these Carter George, Peffer, Walthall, companies, stockholders in the Washington Gas Company, have Chandler, Hansbrough, Perkins, White. been lobbying with members of the House and Senate and appeal­ The PRESIDING OFFICER. Forty-eight Senators have re- ~ ing to them in the name of the widows and orphans of this city sponded to their names. A quorum is present. j who hold the stock not to deprive them of their bread. One man Mr. KYLE. In regard tothequestion put to me by the Senator appealed to a member of Congress, so the member told me this from West Virginia, I will state that I have not made inquiry as ' morning, and said, ''I own $20,000 worth of gas stock in this city, to whether or not Senators or Members of Congress are holders of ' which is paying 20 per cent per annum-54,000 per year," and stock in this company, but there are prominent men in the city 1 when asked if the 20 per cent was not rather exorbitant, he said and the cities hereab01fts who are stockholders and who are men of j be did not think it was any more than be ought to have. influence. The Board of Trade, I understand, has taken up this question. THE WASHINGTON GAS LIGHT COMPANY. 1 I have before me here an editorial from one of the city papers of The company, as I stated, was organized, I believe, in 1848, with 1 March 10, 1896, which states that the Board of Trade did con­ a capital of $50,000, of which $42,500 was paid in for 2,500 shares ! sider the matter at that_time. They appointed a committee to of the par value of $.20. In 1852the capital was increased to $300,- l investigate the question of gas and electric-light, etc. The com­ 000, which was paid in cash. In 1855 the capital was increased ; mittee made the investigation, and reported that both forms of $150,000 and the stock taken up by stockholders. In 1866 another illumination were retailed at exorbitant rates, and advised in $500,000 was added and issued to shareholders, share for share. :1 favor of a campaign which should have for its object municipal In 1872 the stock was increased to $1,000,000, with the privilege of ! ownership and conduct of the gas and electric light plants in the increasing it another million, which has been done. In 1887 $600,- ~ District of Columbia. Mind you, Mr. President, that report is 000 of 6 per cent bonds were issued; and $600,000 of certificates of . not by a few disgruntled citizens in the District who Ieel that indebtedness have also been issued, which are convertible into i their gas bills are too high, but by a representative body-the stock if the stock shall be increased. On the stock a dividend of Board of Trade of the city: 10 per cent is paid and on the bonds and certificates 6 per cent. It . Since then the House has enacted legislation cbeapenin~ the price and im is claimed that the $600,000 of certificates were a gift to the stock- 1 proving the quality of the gas, and the District appropriation bill, which is holders. In 1892 they paid an additional dividend of $3 per share, j fixed so far as these items are concerned, contains such legislation in respect making 25 per cent. By their sworn statement the average per : both to gas and electric lighting. Congress has indicated a disposition to furnish a measure of relief to the cent from 1848 to 1881 is 16t. From 1881 to 1886, 20 per cent, and people by directly regulating the existing companies, and the practical com­ for the year 1895~ 30 per cent, which is pretty good for hard times. ; mon-sense present action on the part of· this community is to back up vi~or­ The par stock-$20-has been worth $51 and is now worth $44 and . ously the procedure which bas found favor with the House. Munic1pal 1 ownership of illuminating plants may well be viewed as the ideal condition; a fraction. 1 but in view of the heavy imtial expense which it will involve and the extent This is the history of the company. All but $500,000 of the of education on the subject which our legislation would require before there present capital stock of $2,000,000 has been added from the -profits was any possibility of-the enactment of this radicallegislat10n, the project is not a practical one for this-year or the immediate future. We should not of the concern. The authority for this statement as to all above neglect the opportunity to obtain immediate though partial relief through $500,000 being profits I get fr.om the Senate committee's report, • excessive and exclusive devotion to the brilliant but remote project of No. 1460~ a report of the investigation, and where Mr. Mcllhenny, municipal ownership. The House has declared in favor of cheaper gas and electric light, an improved quality of gas, and more thorough inspection. the president, I believe, upori. being interrogated by Senator Van The Board of Trade and its special committee can do good work in impress­ Wyck, admits that that was the fa~t. I do not see any reason why :lf.o~~~n the Senate the wisdom of speedy concurrence in the House propo- the company should be given the privilege, as under the present bill, of issuing a million and a half more stock. This company, Therefore the editor goes on to argue in favor of the dollar-gas let me say, are a power in the District and are a power in Con­ bill. I feel just about the same way; that it will be impossible at gress. They have charged the highest rates possible. They have the present time to secure municipal ownership. Therefore I ad­ never yielded to a reduction of price except where they have been vocate with all my heart the reduction of gas by the present com­ compelled to do so through fear of some legislation being enacted pany to the lowest possible figure. At the same time I do not by Congress. wish to cut it down to a point where the company can not make a Mr. FAULKNER. I a-Sk the Senator whether he has examined legitimate profit. I am willing that the corporation shall be al­ the report of the Commissioners on that subject, in which they lowed a legitimate percentage upon its investment. enumerate a number of instances of voluntary reduction by the We are to-day living under corporation rule in the District, and company? for that reason I am afraid we can not accomplish a great deal :Mr. KYLE. I recognize the fact and have read it that they vol­ even now in reducing the price of gas. The present gas company untarily reduced the price; but I say, in my judgment, it was under has got to be an octopus. It reaches out by its officers and by its fear that some bill would be passed by Congress. stockholders, and has taken in many influential men hereabouts Mr. FAULKNER. !should like the Senatortostatehis reasons who have become interested in the question of gas. The company for that statement, because I never heard of it before and I have was organized in the year 1848, I believe. been investigating this question for at least seven years. lrir. FAULKNER. Will the Senator from South Dakota allow Mr. GEORGE. Will the Senator from West Virginia allow me me? to ask him a question? Mr. KYLE. Certainly. Mr. FAULKNER. Certainly. Mr. FAULKNER. I should like to ask the Senator, when he Mr. GEORGE. The Senator said he has been investigai.ing this speaks about the company taking in a number of prominent men matter. Has he discovered that in 1866 the company '~luntarily in Congress-- burned its books? Mr. KYLE. I did not say in Congress. Mr. FAULKNER. No, sir; I have not discovered any such Mr. FAULKNER. Ah, well; the Senator did not. I want to thing. . ask the direct question, then, whether the Senator has information Mr. GEORGE. It is the fact. that any member of the DistTict Committee is in any way directly Mr. FAULKNER. No, sir; I differ with the Senator from Mis­ or indirectly interested in the stock or other securities of the sissippi entirely in his statement of the fact. I am ready to an­ Washington Gas Light Company? swer it on the floor. Mr. KYLE. I will state to the Senator from West Virginia Mr. KYLE. I presume their willingness at the present time to that I do not think any member of the District Committee is reduce the price of gas is voluntary. They show a willingness to interested in the stock of the gas company. reduce the price of gas at the present time because they fear that Mr. GEORGE. Mr. President, these are very interesting facts Congress is going to pass a law bringing the price down to a dol­ which the Senator fram South Dakota is now putting before the lar or to 75 cents. That is all there is about it. And so it was in Senate, and this is a very important question. There should be a the other instances. full Senate. I suggest the want of a quorum. As to whether this company destroyed its books, let me quote The PB."ESIDING OFFICER (Mr. BACON in the chair). The here from the report made by Senator Spooner, Report No. 1460, CONGRESSIONAL RECORD-SENATE. MAY 16 5334 ' first session, Forty-ninth Congress. The company deliberately some Of them are charging for gas very much more than is charged destroyed its books. The committee says: in the city of Washington? It is a. significant fact that the destruction of these books blotted out from Mr. KYLE. I am aware of that fact, and the same is true of the public and from investigation the detailed transactions of this corpora­ the cities in the State of Mas.sacllusetts and other States. tion up to the time in 1866 when the company distributed among its then Mr. GALLINGER. My point is that the Senator quotes, as he stockholders, as representing cm-porate earnings theretofore put into an ex­ t ension of the plant, S500,000 of stock, making altogether 51,000,000 of capitaliza­ says, that gas is furnished in New York for $1 per thousand feet. tion. Mr. KYLE. For .1.25. FEW CAN AFFORD TO USE GAS. Mr. GALLINGER. I understood the Senator to say $1. Mr. President, the company having a monopoly of the gas, as Mr. KYLE. The price in Chicago isS1. they do in this District, have reduced the price gradually, as they Mr. GALLINGER. Even at $1.25 the price is the same as it is have been forced to do so by Congress; but at the present time in Washington; but the fact is that there are a great many com­ gas is held at .1.25 per thousand feet to those who pay promptly panies in New York which charge $1.50 per thousand feet, and in and S1.50 per thousand to those who do not pay their bills, I be­ some instances as high as $1.75; and the statistics will show tha.t lieve, within ten days. The result is that fully one-half, I might fact. say, of the people of the District of Columbia. can not afford to :Mr. KYLE. I have here the statistics of the cities of Massachu­ use gas; and it is stated upon authority that while there are in setts, which I might place in the RECORD, but shall not, which the city 52~000 houses, only 25,000 or 26,000 of those houses use show the price cha1·ged in 1886 and 1894, and in every case there gas. In other words, the poor people of the city are not able to has been a great fall of the price of gas between 1886 and 1804; use gas at the figures charged by the company. Much of our and so it extends over the eountry. These figures, as I said, are population, white as well as colored, are compelled to use coal oil subject to change. or the tallow candle, or to sit in darkness. • New York------$1.25 Newark------$1.40 Mr. President, without attempting to instruct the gas company c~~~.?-g~l_p_hia_.-- -_ -__-_-_--_-_- __-_-_--_-_-_ ------~ 11.. 0013 Minneapolis ------1. 00 of the District of Columbia, let me say that they are pursuing a P.J..~..LW.d.,. _ J ersey CitY------1.75 Brooklyn _------L 25 Louisville_ -----.------1. 29 policy according to best eX:perts which is detrimental to their own St. Louis ______------1. 59 Omaha_ ------_------1. 75 interests. The testimony of those who have examined this ques­ Boston------1. 08 Rochester __ .... ------L 25 tion in Em·ope and in the cities of the United States is that the Baltiln.ore _____ ------1.25 St. Paul ____ ------1. 70 lower the price of gas the more people use it, and the result is in­ San Francisco ______• ----_ 2. 00 PKransaso..,.;·denceCity___ -_- __-_- _- -_-_-__-_-_- _- ---- _-_-_--_ ---- Ll. 60 Cincinnati------.98t YL 20 creased income to the companies.

Upon this question I have some very valuable testimony given Milwaukee~~ff~~~~ ~ =:______=~ ~ ~ =~= ~ =: :: =::: =: d~~1.00 !hw~~~~~gtoyoohin lisn_- -_- -_- :_:~__ =_-_- :__: :_:_ :_ :_ :_:_:_:_ :_:_:_:_ 11:. ~MJ by J\Ir. Henry M. Whitney before the Massachusetts legislature in the month of March last. Mr. Whitney is an authority upon this Chicago has made provision for one-dollar gas. question, and was before the committee, I believe, for certain The following is a list of cities owning and controlling their rights and privileges with reference to the use of the by-product of own gas works: gas. He makes this statement before the committee: You will seA, Mr. Chairman, that by far the larger number of your neople­ Popula- Price probably more than 15 to 1, and I should think it fair to say 20 to 1..:.are not tion. P~~~t~ now cust;omers of the gas companies- That is in the- State of Massachusetts- Henderson, Ky ------1.4,000 $1.00 They have never been customers, and under existing circumstances and Huntsville, Mo ______------21000 2.00 conditions never can be. Bellefontaine, Ohio------7,000 .so The reason is entirely apparent. It is because the price of gas is so high Hamilton, Ohio _------20,000 LOO and bas remained so high for the last generation as absolutely to put it out 1,200,000 LOO of the power of these people to have it. ~ea~J~;~v~~ ==:: :::::: ==~~===~:==~~~ :::::::::=~==:~~=-== 16.000 1.44 I am surprised, as I look at these statistics, tha.t any well-managed gas com­ Charlottesville, va ______------·------10,000 LOO pany familiar with these conditions should have allowed this condition of 11,000 L25 things to exist; for I hold that these comp:lnies, like all quasi-public corpora­ ~:~e~~bui.. g,-va:~~===::~~======::::::::===~~== 5,000 1.50 tions, owe it to the community to keep abreast of the state of the a-rt m all Richmond, Va. _____ ------·------80,000 L25 countries. It does not answer for them, nor for any other corporation hold­ 40,000 .15 ing quasi-public rights, to rest upon their laurels and make no improvement Wheeling, W. Va ------in their condition, nor seek to supply the people wh<> are not now using gas and whom t.beyought to have supplied for the last thirty years. Had I been Mr. FAULKNER. Charlottesville owns its gas works. in management of one of these corporations I should have considered that a dangerous position to be in. Mr. KYLE. Yes; and the price there is $1. • * • • • • * In many of these cases the price in cities where they ma.nufac­ Now, very much has been said about the oity of Manchester, England. The tm·e their own gas is as high or higher than in the city of Wa£h­ city of Manchester contains about the same population as the city of Boston. ington but the point is that all the proceeds above the cost of It contained in 1890, according to the statement I have, a. population of 505,- 000, which is not far from the population of the city of Boston. The city of producing and supplying the gas goes to the cjty treasury, and Manchester sends out more gas than is sent out in the whole State of Massa­ thereby reduces the amount of taxes to be paid by the people. chusetts. It furnished in the year 1893, 3,636,000,000 feet of gas, which is abso­ The following is a list of cities where the price of gas is $1 per lutely more gas than is furnished by all the gas companies in the State of Massachusetts; and Manchester sold that gas for 60 cents per thousand feet. thousand feet or less: That is the reason why the consumption was so large. Boston-----·------$1-00 Cincinnati_------u------· ----- LOO Taking the average of the lar~e companies in forei~ cities like Glasgow , Columbus ____ ------1. 00 Atlanta, Ga.______------1.00 Manchester. Birmingham, and m all these places wnere the population i"l Dayton, OhiO------1.00 Taylorsvilll\Jll------­ 1.00 large, you will find that the price is about uniform, and that the proportion Centerville ------1. 00 Henderson, .l:i.y ------LOO of meters to this population is nearly 1 to 5. That is, substantially every LOO family uses ga , and uses it in considerable quantities. LOO One meter to every 5 of the population, 5 representing a family, LOO ~~~~ffi~~~~======~======t~ ~~~~m~~~~~~~=~===~===~=== LOO while in the State of Massachusetts they have 1 meter to every 20 i&~~~~~WiB=: ::::=:::::::::: t:8& ~~~h~~~=~~::::::::::::: 1.00 in population. .90 . So he snm.inru.-jzes the whole situation that as a consequence of ~~f:~;r_~~n_t:"_:~:=~~:::: ~:::: :~ ~t::~~~~:::::::_-_·::::_-_-:::: .75 the reduction in the price of gas more people use it and there is a West Point-----.------____ .60 Kokomo------· .75 Bellefontaine ______------.SO Jackson, Mich------.50 greater income to the companies. St. Joseph______.50 Terre Haute ______.50 Mr. President, in view of what is charged in other cities of the Chicago, 1company______.50 La.kewood,N. y ______.so United States and of the world, the charge made for gas by the Mr. FAULKNER. I ask the Senator what is the price of gas Washington Gas Light Company is exorbitant. The whole ques­ in his own State? tion, it seems to me, for the Senate to consider is whether gas Mr. KYLE. In South Dakota I have not investigated beyond under the existing circumstances can be furnished to the people my own town, where we have to pay a private company S2.50 per of this District for a less figm·e. That is all there is to it. thousand feet for gas. CAN THE PRICE BE REDUCED? Mr. MILLS. What is the population? I have taken a great deal of pains to collect data upon this point. Mr. KYLE. 'fhe population is about 6,000. I have communicated with and received letters from the city clerks Mr. FAULKNER. I believe the average cost in the whole State in the prominent cities of the United States, and the general report is about $2.20. is that the price of gas is far below the price charged in the city of :Mr. KYLE. We pay $2.50 in my town, which we have always Washington. Here are the figm·es from a number of these cities: considered exorbitant. It is exorbitant, and the company know it The city of New York furnishes gas for $1 .25 per thousand; Chi­ is exorbitant, in my judgment. The people should take the mat­ cago, $1.13. The price in Chicago is now down to a dollar. I will ter into their own bands and operate the plant in the interest of say before I give the figures that many of them are subject to the taxpayers and citizens generally. chang-e, because cities are frequently changing the price of gas, The following summary as to gas companies I extract from the and generally taking the downwaTd course. New York World without quoting it liteTaUy: Mr. GALLINGER. If the Senator will permit me, I should The cost of gas in Cleveland is SO cents, and the company pays like to ask him if he is aware of the fact that there are some thirty the city 6t peT cent on their gross receipts, amounting to $50,000 or forty different gas companies in the city of New York, and that per annum. The gas costs the company from 50 to 55 cents per 189& CONGRESSIONAL RECORD-SENATE .. 5335

1.,00\J feet, .and after paying Lhe city 6:! per cent it leaves to the .Mr. FAULKNER~ In England they have but one burner, an·d eom:pany a profit of :20 to 25 cents per thousand, a.Ild pays 8 per cent that iB the parliamentary burner, by which they test all lights. on its $3,000,000 of stock. Mr. KYLE. But not the Bray fiat fl.ame burner. I have here In Cincinnati the price is $1 net~ and less for tOO city lamps, and a statement in ref-erence to the city of Philadelphia. I made the the company pays 10 per cent dividend. statement that the city of Philadelphia furnishes gas to its con­ Chicago experts say the cost of gas there is from 50 to 55 cents, snmer.s for $1 per thousand, .and turns into thB city treasury mil­ including interest on the investment in plant, etc. The price to lions of doll.ars; that during the last fom· years it turned in the consumers is from 81 to 50 cents. neighborhood of $7,000,000 into the city treasury. The gas monop­ In Brooklyn the prioo is $1..25, and the officers refuse to state oly of the city of Philadelphia, if it may be so termed, is a great the cost. bonanza to the city, .and private companies in that section of the 1\i.r. C. E. Staples, .a dealer in gas stocks, states that it costs to country tmderstand this. I have before me an article from the make water gas, such as we ·have he:re, from 35 to 37t cents per Pittsburg Times of February 21, 1896, which says: 1,000 feet. . A syndicate to-day formally offered th~ city $20,000,000 cash for the gas In Pittsburg the price is $1 per thousand feet, and the company works. The syndicate agrees to charge from 65 eents to Sl a thousand feet for gas, and .after ten years to give the city 5 per cent of the profits of the gas snpplythe street lamps first to the amount of 12,500,000 feet. For works, and in 15 years 10 per cent of the profits. The city now makes all t-he all over that the city pays 75 cents per thousand feet~ The offi­ gas used here, and sells it for $1 a thousand feet. Last year the city's profit cers .of the company refuse to state what it costs to make gas~ on the plan.t was about $1,500,000. In Bellefontaine~ Ohio, as stated by Professor Bemis, the city The city can not afford to part with such a franchise. The has Irulde its own gas since 1873-tw.enty ye-ars-at a .cost for man­ th,835 1, 125, 00.., 000 5S 16.65 -:M.a,nehester ------·-·--· 500,000 8l,433 3, 638,680,.000 62 19.11 COlumbia, h-owever,havehad a great many hearings and have had Nottingham-·····--···-·-·· 211.,000 38,005 1, 502,510,000 60 19 experts before them, and no man there has .ever ventured to mak·e Oldham------1.31,000 4l., 787 S7l., 177' 000 56 1.9.30 a .suggestion such as the Senat4J.r has made. Sa.lford ------198,000 28,~ 1, 111, 796, 000 58 lB. 54: !!r. KYLE. I have seen the statement made many times over PRIV.A.TE C0111P A.NIES. by experts in the United States that the cost of distribution is 40 per cent of the cost of production; so, taking 37 cents and adding Bath------51,844 7,{83 '396,003,000 66 16 0 68 . 1!.57 40 per cent to it, the aggregate amount would be 13 or 14 cents ~~~fo\ ~:: ::::~=:::::=:===~-: Mf:Ws M:~ 1. ~:~:~ 70 16.56 more. Derby. ------____ ------, "94, 1~ 14:,900 4Mi,SG9,006 . &i 16.50 I may not know so much about the question as the Senator from LiverpooL_.______.517,980 7'.3,200 3,391.,873,00J 1'5 21.59 'New.castle..on-Tyne ------186,300 30, I« 1., 955,233,{XX) 41 16 New Hampshire, but I have been investigatiugthe subjectDf gas Plymouth------84,248 10,722 668,588,000 43 14.50 somewhat for twenty years. The District Committee do not have Portsea ------159,278 1.0,400 649,911,000 :58 14..82 a monopoly of knowledge. Preston ----·------107,573 ZJ,283 403,739,000 77 18.75 ,Sheffield •••• ------324,24.3 4.8,956 1,874,'i00,000 45 17.88 Mr. G.ALLINGER. The only point I would make iR, Mr. Presi­ ~•66 16 dent-I do not care to get into a controversy with the Senator, and London---·------·------~ ------{ t54 16 I know I am trenching upon his time-that I chance to be a mem­ ber of the committee which has had very lengthy and very numer­ *Average. t St~t lights. ous hearings on this questio~ and they have heard all sides of it. AU these range al{)ng from 14.150 to 21 .59 eandlepower, an.d not We have had experts f-rom New York andBo.ston andother cities, one of themoomea to the dollar mark. They nsecoal to make gas. .and presu.rnably a m-ember of the committee knows .something as Mr. GALLINGER. If the Senator will permit me, will here­ tD what has been investigated by the c-ommittee; and that is all I state what he just said as to the candlepower in those cities? claim. ~Ir. KYLE.· They range along from 14.50' to 1:8, l9.,.an.d 21 can- Mr. KYLE. 1 understand what has been presented to the com­ dlepower. . .mittee; but a great deal has been presented to the committee which Mr. GALLINGER. The Senator will, of course, observe that is nottrue. in the bill now under consideration we propose to make the Wash­ Mr. GALLINGER. Very likely so. ington Gas Light Company furnish gas of 24 candlepower. Mr. GEORGE. I desire to ask the Senator from New Hamp­ Mr. KYLE. I understand that, and I will prove befDre we get shire a question. Have the hearings before the committee been through that it i-s nDt over 16 candlepower, because yon are chang­ printed in extenso? · ing the test from the Argand burner to the Bray slit burner. Mr. FAULKNER. .All of them. Mr. GALLINGER. We are adopting the test in use in every Mr. GALLINGER. There is a docum-ent here that is accessi­ city in this country. ble containing the recent hearings before the Committee on the Mr. KYLE. I understand that~. District of Columbia, entitled." Gas." .MI·. F ..A.ULKNER. The Senator says we are changing the test, Mr. GEORGE. When were the hearings had? and I assert that the burner used in every city the Senator refers Mr. GALLINGER. Beyond a doubt the Senator can get a copy to is only 16, 17, 18, and 19 candlepower, and is the impr.oved of the document by sending to the document room for it. modern Parliamentary Argand burner, whichgives asimilarlight Mr. HARRIS. The hearings were b.eld at various times. to the burner we have adopted. 1\fr. GEORGE. I applied this morning at the document room Mr. GALLINGER. There is no doubt about it. and conld not get a copy of the testimony~ Mr. KYLE. That is a question, because different cities have Mr. FAULKNER. I will state that the bearings were pub­ dlff.e.rent methods of testing their own gas. But tb.ere is a differ­ lished for the use of the committee, and any Senator who will ence between the new Parliamentary Argan.d burner and the i apply to the clerk of the Committee on the District Df Columbia ·Bray slit flat-flame bu:.p1er, as I shall show. will be able to secu:re a copy .of the hearings as printed. 5336 CONGRESSIONAL RECORD-SENATE. MAY 16,

Mr.GEORGE. Whywasitnotprintedfortheuseofthe8enate? Mr. HARRIS. That was one of the objections, and I am sure Mr. FAULKNER. Simply because the committee never ordered that was but one of the objections. It was not the only one. it and no one else asked that the hearings be published. Hear­ But this investigation went very much further than as to the n;gs before committees are not g<:nerally p~nted fo:r: public dis~ tearing up of the streets. I totally disregarded that recommenda­ tribution except when the committee. submits a wntten report tion as against laying down other mains and other pipes, and embodying the hearings by the committee; but they do not gen­ other facts controlled my action-the utter failure of the new erally publish hearings on matters which are purely local. company to show its ability to produce gas at these lower rates, Mr. KYLE. I have stated here that the prices charged in the and, perhaps, its ability in financial and other respects. District of Columbia are exorbitant, and that the prices in many Mr. KYLE. I do not care to go over the discussion of the 75- cities are below what they are here. The former president of the cent gas bill at this time-- old company stated: Mr. GALLINGER. I ask the Senator for a moment more of The public do not know how cheap gas can be made, and we do not pro· his time. The Senator, of course, wants to be accurate on this pose to tell them. Of course we can sell gas cheaper, but we do not propose point. · to do so until we are compelled to. Mr. KYLE. I want to get through with my remarks soon. Almost invariably in estimating cost of gas they include the Mr. GALLINGER. Just one moment. Mr. Thomas P. Wor· cost of enlarging the pl~nt, exten~in~ mains, etc. At a ~eeting rail, who is president of the Westchester Gas Company, under the of the American Gas Light Association when a member m read­ Rose-Hastings process, which undertook to get into the city of ing a paper ~attempted to include in cost of gas ex~ension of ~ains Washington under the bill which the Senator has championed, and other improvements he was stopped by President Harbison, and still champions, and has had put on the Calendar after it had who said: been adversely reported by the committee. said-- The cost of enlarging the _P.lant should be charged to the capital account, Mr. KYLE. I do not know that I can admit that now. and not to the cost of providing gas. Mr. GALLINGER. I shall be through in a moment. At a meeting of the association in 1880, Mr. Eugene Vanderpool, Mr. KYLE. I understand, but there is a great deal of rebuttal M.A., C. E., of the Newark Gas Light Company, and whom the testimony which I should feel like putting in. . Washington Gas Light Company asked to have brought here Mr. GALLINGER. Very well; I will read what Mr. Worrall during the Spooner investigation in 1886, stated that cost of water said in my own time. gas was 42 cents per 1,000 feet, coal gas 35i cents per 1,000 feet. Mr. KYLE. I do not understand the matter as the Senator This when coal was selling for $4.50 per ton and coke at 6 cents states it. I do not think that the attorney of the Rose-Hastings per bushel. The highest British authority, accordin~ to ~he Gas Company, Mr. Sands, had a proper hearing before the District Light Journal, ~r. G. W .. Ste"'!enson, C ..E., F. G. S., m his work, Committee. Precedents in Private Legislation Affecting Gas and Water Com­ Mr. GALLINGER. Mr. President, thatisaveryserious charge. panies, 1879, gives the cost of coal gas, everything included, and Mr. KYLE. The experts on the line of the Rose-Hastings Com· the gas delivered to the burner of the consumer, at 51 cents per pany were heard, but after that, when the attorney who repre­ 1 000 feet. Take Mr. Vanderpool's estimate of 35-t cents in the sents that company asked for his final hearing before the com· h~lder and add 14 cents ( 40 per cent) for distribution, and we have mittee of this branch of Congress he was refused. 49-t cents per 1,000 feet, or a little :r_nore than a cent less than in Mr. GALLINGER. Thatattorneyhad four or five or six hours Great Britain. Since then the residuals have come to be almost of the committee's time. as valuable as the gas, and the price must have very materially Mr. FAULKNER. That is so. fallen. Here are some facts from official sources as regards the Mr. KYLE. Not for his own argument. · cost or gas in the United States and Great Britain: Mr. GALLINGER. The Senator is making a very serious ac­ According to the best authorities in the United. States and Great Britain gas in the holder, in 1866, cost but 35 .cents, and smce then the cost of pro­ cusation, and it is not true. duction has been reduced very materially. Mr. KYLE. I have the correspondence right here. Ron. Orestes Cleveland- Mr. GALLINGER. That may be; but you are accusing the Ex-mayor of Jersey City, I believe- Committee on the District of Columbia now. in a letter to the Senate committee in 1886, stated that to his personal.kn

Mr. HARRIS. Will the Senator allow me to state to him­ Washington Gas Light ect, that, as stated in a letter from a prominent gentle­ MY DEAR Sm: The foregoing correspondence shows what earnest efforts man rn Great Britam, the distillation of coal for the residual products alone I made to secure a hearing on behalf of the incorporators in Senate bill No. is very profitable. 1408. There is a most remarkable statement, that" the distillation of To prevent any snap judgment being taken against me I notified the experts we relied upon to attend on February 26, the date set for the hear­ coal for the residual products alone is very profitable,., correspond­ ing. They came on at great inconvenience to themselves, and on reaching ing to the testimony of Mr. Whitney and others with reference to the committee room we w ere informed by the chairman that the hearing the great value of the by-products to-day. Here is the statement was postponed until March 5. They attended again on March 5 and on March 17. made: On those dates I, as counsel, introduced the expert evidence to convince ''There are three extensive plants operated on the gas-works plan situated the committee that we were prepared wit h processes which enabled us to at and in the vicinity of Stoke-on-Trent, England. The tar from these works ~:~do~ Cill.positions in the bill as to gas to be supplied at the low rates is sent to New York; the benzole goes to Germany. I have reliable informa­ ;g: tion that the business is very profitable, and yet they sell no gas." I confined mys~-:lf to :presenting my witnesses and proofs, except when re- Since the introduction of asphalt pavements, in which refined coal tar is quired to answer questwns put by m em bers of the committee. used, the demand ha~ lar~ely increased, ancl by chemical methods the other residual products are utilized with still larger profit. That is what he confined himself to. With such experience at home and abroad, there is no room left for doubt. When through wit h my experts I ag-ain asked that a day be fixed when I There is not a shadow of a question but that it would be greatly for the ben­ could have thirty minutes to exp lain the merits of that bill. efit of the public for the District to furnish the light, both electrical and gas, The chairman answered that if t he committee desired to give me a hearing not only for the streets, but for private use also. I would be notified. I secured subsequently from the clerk of the District Committee a copy of Mr. MILLS. Mr. President, at the hour of half past 3 the Sen­ the published repor t of the evidence taken by t he committee, and after a. ate had resolved heretofore to proceed to hear eulogies on the late p erusal of it I saw t he necessity of ex plaining afewof the facts touched upon Rep:r:esentative WILLIAM H. CRAIN, of Texas. That hour has ar­ by some of the opposin~ exper t s. rived. I t herefore wrote agam on March 27 to the honorable chairman of the com­ mittee, asking a hearing, and I submit a copy of my request and his answer 1\fr. KYLE. I yield to the Senator from Texas. thereto. • Mr. GEORGE. With the permission of the Senator n·om Texas, Considering the very great importance of that bill to my clients, as well as I ask the Senate to have reprinted, for the use of the Senate, Report to tbe whole people of this commumty, I have reason to feel that we have been treated unfairly and that there has been a. determination to prevent a No. 1460 of the Forty-ninth Congress, first session, being there­ full and free hearing in behalf of the bill. The officers and advocates of the port by Mr. Spooner, from the Committee on the District of 5338 CONGRESSIONAL RECORD-SENATE. MAY 16,

Columbia, upon this very question. I find at the document room his opinions just. In his bearing there was an urbanity of man­ that there is not a single copy of the report left. It is a very im­ ner which charmed his companions; in his d.iseom·se a poetry of portant report, and I should like to have it before the Senate on expression which almost glowed into verse. Monday. I do not wa.nt the hearing reprinted, but only the ireport. But, sir, I was not fortunate enongh to enter the sanctuary The PRESIDING OFFICER (Mr. GlitTER in the chair). In the where mind fully discloses itself to min~ and heart to heart, the absence of objection, it will be so ordered. sacred sanctuary devoted to human friendship. And, therefore, Mr. MILLS. I yield to my colleague [Mr. CHILTON]. tenderer hands than mine have laid their tribute on his grave, and more loving hearts than mine have done honor to his memory. EULOGIES ON THE LATE REPRESENTATIVE CRAIN. Though this be so, a Louisianian brings this sincere offering to Mr. CHILTON. Mr. President, I submit the resolutions which his name and fame and lays it on the grave of the noble Texan. I send to the desk and ask for their adoption. Mr. President, "Noscitur a sociis" is a maxim as true in ethics The PRESIDING OFFICER. The resolutions submitted by the as in law. Judged by this maxi~ the young and promising Senator from Texas will be read. statesman was only unfortunate in his untimely death. He had The Secretary read the resolutions; and they were unanimously "won golden opinions from all sorts of men." His associates in agreed to, as follows: the House of Representatives with one accord honor his memory Resolved, That the Senate has heard with pyofound sorrow of the death of and grieve for his loss. With affectionate zeal they stamp his the Hon. W. H. CRAIN, late a Representative from the State of Texas. character and his ability with the seal of their love and respect. Resolved, That the business of the Senate be now suspended, in order that Where he lived and where best known there were tears for the fitting tribute be paid to his memory. an Resolved, That the sympathies of the members of the Senate be tendered to death "that did sit on his brow like untimely fro t "; th€re the family of Mr. CRAIN m this bereavement and that the Secretary -of the ­ was love for the citizen and praise for the Representative, and Senate transmit to them a copy of thel>e resolutions. there the memo1·y of his worth will long outlive the generation which cherishes it. Mr. CHILTON. Mr. President, I did not know Mr. CRAIN as intimately as some of tho e who, like my colleague, served with Mr. MILLS. Mr. President, on the 10th day of February last, him in the other branch of Congress. We lived in different sec­ in the hours of the early morning, WILLIAM HENRY CRAIN, a tions of our far-reaching Texas, and I believe he had been both Representative from the Eleventh Texas district, in the forty­ district attorney and State senator before I made his personal eighth year of his age, joined the innumerable caravan that is acquaintance. ever journeying toward the unknown land. For twelve years he I remember well, sir, the occasion when I first saw hlm. It was had been honored by the people of his district as their Representa­ at a Democratic State convention in Texas in 1880. A large crowd tive in theNa tiona! Legislature. It is useless to inquire how well had assembled, and at some peculiarly stormy moment in the he discharged the duties of the high station he occupied. His proceedings a tall and handsome man arose in the rear part of constituents have anBwered all sueh q".leStions by their cordial the hall, with a tone and manner which attracted instant atten­ indorsement at each recurring election. From the beginning to tion, and addressed himself to the work of extricating the con­ the sad ending of his public career he held without one wav~ vention from its confusion. Some one who sat near me gave the moment not only the confidence, but the affection of the people name of the speaker as that of CRAIN, and the impression which a:mong whom he lived, for whom he labored, and beside whose the episode made upon mymindhasneverbeeneffa~ed. In think­ departed loved ones he has been laid to sleep until the gray dawn ing of him I always like to look back to that day. I never saw a ofanothermn:rning, when thosethatsleepshallawake,and awake, brighter face or keener (;lye; I never saw a presence morB impe­ as he believed, to another, a higher, and a better life. When rial; I never heard a diction more felicitous and clear. His speech one's life has been rounded out to hoary hairs andfmrowed cheeks, was shDrt, but it was complete. There was no waste of gesticula­ and his head is then bowed upon the bed of death, there is a con­ tion, no waste of language, no waste of opportunity. It was all solation that comes to the hearts of loved ones and friends in the over quickly. Other scenes rapidly succeeded as the business of conscio-usness of the fact that he has accomplished the work that the convention was transacted, but none which are recalled with the Master assigned. But when we stand by the open grave of the vividness Df that which I have described. I was then a young a faithful public servant who has fallen in the full vigor of phys­ practitioner of the law, held no office, and was barely beginning a ical manhood and great intellectual .endowments, there is a touch limited experience in politics, but 1 remember that the conclusion of deeper sadness, a pang of keener grief. It is in the shadow of was then fastened upon my mind that Mr. CRAIN was suited to that grief all Texas stands to-day. From the Sabine to the Rio and sure of an eminent career. Grande, and from No Mans Land to the Gulf of Mexico he was It is always to me, sir, a most interesting study to analyze the known to all. lives of public men and endeavm- to single out the particular qual­ In the interesting and sometimes angry contentions in reference ities which have been the sources of th€ir distinction. In Mr. to the adjustment of public questions h€ was always a partici­ CRAIN'S case I would say it came, first, from that accomplishment pant, and one who was always ready to give a reason for the faith which has be~n noticed by so many, his mastery of undiluted that was in him. In an intellectual encounter he was not an ad­ English expression; next, from his voice of music and of power; versary to be despised, and the foeman who made the mistake of and, lastly, from an overflow of animal spirit-s developed into con­ underestimating his strength always paid the penalty for his rash­ stant vivaCity and c1·eating a social charm which, according to ness before the encounter ended. At 24 years of age he was elected my observ-ation of mankind, neithel· study nor learning nor experi­ district attorney of the district in which he lived. This position ence nor even good temper alone can altogether supply. presented to him a splendid field for the t:l.ffiplayof his intellectual Possessing this combination of personal and oratorical gifts to gifts and attainments. In this arena he was constantly pitted which I have alluded, it may well be supposed that Mr. CRAIN against the ablest and best lawyers of his district. It would be was specially strong as a political canvasser. He could interest fulsome flattery to say that he always came off first best in en­ in private conversation. he could electrify in pub1ic debate, and counters with such a bar as that district had. But daily battle thus it was that, though his adversaries were many, he was tri­ with strong men improved and whetted his own intellect and ena­ umphantly elected to Congress term after term, and continued to bled him to mount faster and higher the eminence whose summit his death a favorite of the people. he was struggling to crown. In the exercise of his official duties as an officer of the State he was in constanttouch with the people. Mr. CAFFERY. Mr. Preaident, to adequately portray the char­ The circle of his acquaintance was ever expanding and as it acter and fittingly eulogize the virtues of the dead require an widened his hold grew stronger. He was endowed with a bright, intimate acquaintance with the individual while alive. I lack the quick mind, and with an ever-present wit and a gene~·ous warmth essential element of that acquaintance to do full honor to the of dispoBition. He could prosecutewithoutpersecuting. He could memory of WILLIAM HENRY CRAIN. Theonlytimelwasthrown differ sharply without offending those from whom he differed. in contact with Mr. CRAIN was on the train from New Orleans There was genial sunshine and warmth displayed in his inter­ to Washington several years ago. During that journey there was course with all that attached his fellow-citizens to him, and he between us a free interchange of thought and a candid expression died without lmowing how strong that attachment was. of opinion on many of the leading topics of the day. In 18 4 he was chosen the Representative in Congre s of the dis­ The Southern character is distinguished for absence of form trict, which then bristled with men of ability, the constant friend­ and freedom from restraint. When intelligent gentlemen of high ship of all of whom he held to the last moment of his life; and social or official position are casually brought together, with when he announced some weeks before his death his determina­ rapid insight they correctly estimate each other's character; with tion to retire to private life his resolution met their remonstrance sagacious confidence they lay the foundation for a friendship from every part of his di trict. They believed, as did all his which in time frequently warms into the closest intimacy. There friends, that the theater of his usefulness was widening; that there is neither that reserve which repels a-dvance nor that caution we1·e higher altitudes to which fortune was inviting him and on which seeks seclusion. which the pride and affections of his people were anxious he should Dm·ing the journey referred to I observed in Mr. CRAIN a char­ stand. But he felt that twelve years of the very vigor of his life acter that was chivalric, an intellect that was solid yet brilliant. h€ had given to his country, and he should now look to the inter­ His versatility was remarkable; his power of description graphic; ests of those who were dependent on him for support. His earthly 1896. CONGRESSIONAL RECORD-SENATE. 5339 goods wm·e limited, and he felt that before he died he should bet­ Mr. GALLINGER. I move that the Senate concur in the ter the pecmria.ry situation of his loved ones. In a conversation amendments made by the House of Representatives. with him only a few days before his death he told me of his pur­ · The motion was agreed to. pose to quit public life. In common with other friends I remon­ ELIZABETH W. SUTHERLAND. strated with him agairust his decision. But he was immovable. The VICE-PRESIDENT laid before the &mate the amendments In a few days after our com·ersation he was taken away from his of the House of Representatives to the bill (S~ 1420) granting an people, his family, and his friends. He fell at his post and in the inere.ase of pension to Elizabeth W. Sutherland. discharge of the duties imposed upon him by his fellow-citizens. The amendments of the House of Representatives were, in line 8, When his death was announced there were no mourners more sin­ before the word "dollars," to strike out "seventy-five" and insert cere than those among whom he was born and reared. They were "fifty"; and in line 9, before the :word "dollars," to strike out not only proud of him as their repre8entative, but they loved him, "seventy-five" and insert "fifty." and loved him with an intensity and depth of feeling that is not Mr. GALLINGER. I move that the Senate nonconcur in the of-tell the fortune of public servanta While he had every evidence amendments of the House of Representatives, and ask for a com­ of thEir confidence in his integrity and fidelity in his discharge of mittee of conference on the disagreeing votes of the two Houses. public trusts, yet he never knew how deep was that tenderness The motion was agreed to. of personal attachment that bound them to him. These are vir­ By unanimous consent, the Vice-President was authorized to tues that only manifest their full strength when the cherished appoint the conferees on the part of the Senate; and Mr. GAL­ ·object is destroyed and the image passes forever from our sight. LINGER, Mr.IlANSBROUGH, and Mr. VILAs were appointed. Then the foundationB are torn up and all hearts pour their grief into the grave of the loved and lost and speak only with fl.owm·s PUBLIC BUILDING AT DEADWOOD, S. DAK. and shrouds and tears. Mr. PETTIGREW. I ask unanimous consent fo1· the imme­ Mr. CRAIN had the advantages of a thorough education. To diate consideration of the bill (S. 266) to provide for the purchase these he added the forces acquired by a life of reading and study. of a site and the erection of a public building thereon at Dead­ His mind was strong, active, and bright. When his brain was wood, in the State of South Dakota. aroused in earnest discussion he commanded the clearest and most There being no objection, the Senate, as in Committee of the forceful words in the English tongue, and, like a skilled archer, Whole, proceeded to consider the bill. It directs the Secretary shot every arrow to the mark he meant. When he felt it neces:­ of the Treasury to acquire, by purchase, condemnation, or other­ sary by ridicule to puncture a fallacy he made his arrows laugh wise, a site and cause to be erected thereon a suitable building, as they flew. When it was necessary he was logical, analytical, including fireproof vaults, heating and ventilating apparatus, and serious, and developed an idea with faultless argument. He elevators, and approa-ches, for the use and accommodation of the had what men call moral courage, that power that enables a man United States courts, post-office, and other Government offices, to stand by convictions when enveloped in clouds as well as when in the city of Deadwood, S.Dak., the cost of the site and build­ in sunshine. An open, frank, and happy disposition attracted ing, including vaults, heating and ventilating apparatus, eleva­ friends, and held them when they came. His hold upon them was tors, and approaches, complete, not to exceed $200,000. manifested when his remaiDB were carried to his home for inter­ The bill was reported to the Senate without amendment, ordered ment. His constituents, without regard to party, met in public to be engrossed for a third reading, read the third time, and passed. assemblies and expressed their sorrow at his loss. F1·om every PAY OF NONCOMMISSIONED OFFICERS. part of his district they came with flowers to cover the grave in which was rest the neighbor, the friend, and faithful public Mr. SEWELL. I ask unanimous consent to call up the bill to (S. 2420) to regulate the pay of noncommissioned officers of the servan-t. Army. And there we leave him to sleep on till the mortal shall put on There being no objection, the Senate, as in Committee of the immortality-and the dead shall wake to sleep no more. Whole, proceeded to consider the bill, which had been reported I move, as an additional mark of respect to the memory of the from the Committee on Military Affairs with amendments. deceased, that the Senate do now adjourn. The first amendment was, in line 6, before the word "dollars,'' The motion was unanimously agreed to; and (at 3 o'clock and to strike out "thirty-four" and insert "thirty,.,; in line 8, before 50 minutes p. m.) the Senate adjourned until Monday, May 18, the word '' dollars," to strike out "thirty-four" and insert 1896, at 12 o'clock meridian. " thirty"; in line 9, before the word " dollars/' to stl'ike out "thirty-four" and insert "thirtyH; in line 10, before the word SENATE. "do~~,'' to strike out "twenty-five "and insery "twenty-three"; and m line 11, before the word "dollars," to str1ke out "eighteen" MONDAY, May 18, 1896. and insert "seventeen "; so as to read: Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. That on and after the 1st day of July, 1896, the pay per month of the fol· ,.. The Secretary proceeded to read the Journal of the preceedings lowing noncommissioned officers of the line of the Army shall be as f6ll1>ws: Sergeant-major,artillery,cavalry,and infantry, $30; regimental quartermas­ of Saturday last, when, on motion of Mr. MITCHELL of Wiscon­ ter-sergeant, artillery, cavalry, and infantry, $3()· first sergeant., artillery, sin, and by unanimous consent, the further reading was dispenBed cavalry, and infantry,$30; sergeant, artillery, cavah-y, and infantry,$23; cor­ with. poral, artillery, cavalry, and infantry, $17. EXECUTIVE COMMUNICATION. The amendment was agreed to. The VICE-PRESIDENT laid before the Senate a communica­ The next amendment was to add at th~ end of the bill the fol­ tion from the Secretary of the Treasury, transmitting informa­ lowing proviso: tion relative to the imposition of retaliatory duties upon merchan­ Provided, That nothing in this act shall be construed to prevent the increase dise imported from foreign countries which discriminate against of pay to noncommissioned officers of the Army by reason of l