CONGRESSIONAL RECORD-SENATE. JANU.A.RY 9, I ' Tobacco and Cigars from the Philippine Islands-To the Commit a Bill (H
546 CONGRESSIONAL RECORD-SENATE. JANU.A.RY 9, I ' tobacco and cigars from the Philippine Islands-to the Commit A bill (H. R. 14351) for the Telief of the Gull River Lumber tee on Ways and Means. Company, its assigns or successors in interest; and · By Mr. ROBINSON of Indiana: Papers to accompany bill A bill (H. R. 17094) making appropriations for fortifications for relief of Joseph C. Prossler-to the Committee on Invalid and other woks of defense, for the armament thereof, for the Pensions. procurement of heavY ordnance for trial, and for other purposes. A.l o papers to accompany bill for relief of John H. Caton, of PETITIONS .AND ME.MOBIALS. Atount' Pisgah,_Ind.-to the Committee on Invalid Pensions. Mr. GAMBLE presented a petition of the Business Men's By Mr. RYAN: Petition of the Carriage Builders' National Club of Deadwood, S. Dak., and a petition of the Retail Association, for legislation empowe1·ing the Interstate Com Implement Dealers' Association of Alexandria, S. Dak., praying merce Commission to change freight rates-to the Committee for the enactment of legislation to enlarge the powers of the on Interstate and Foreign Commerce. Interstate Commerce Commission; which were referred to the . ·By Mr. SHEPPABD: Papers. to accompany bill f~r relief of Committee on Interstate Commerce. John Winemiller-to the Colllllllttee on Invalid PensiOns. He also presented a memorial of the Woman's Christian By Mr. SNOOK : Papers to accompany bill for relief of Ida Temperance Union of Gary, S. Dak., remonstrating against the M. Long-to the Committee on Invalid Pensions. repeal of the present anticanteen law; which was referred to the . By Mr. SMillEL W. S::\ITTH : Petition of 50 citizens of Committee on Military Affairs. Fenton, Mich., urging _legislatlon against polygamy-to the Com He also presented a petition of the Woman's Christian Tem mittee on tlie Judiciary. perance Union of Volin, S. Dak., praying for the adoption AJs0 _petition of W. H. Magee, of Strobridge, Mich.. favoring of a certain amendment to the sutfruge clause in the statehood bill H.' R. 13778--to the Committee on Interstate and Foreign bill ; which was ordered to lie on the table. Commerce. - 1\fr. COCKRELL presented a petition of the Merchants' Ex -.AI 0 petition of Charles Burnett et -al., of Rose, 1\fich., favor change of St. Louis, Mo., praying for the ratification of inter ing bill H. R. 13778--to the Committee on Interstate and For national arbitration treaties; which was referred to the Com eign Commerce. mittee on Foreign Relations . .Also, petition of citizens of Hartland, Mich., against the He also presented the petition of Mrs. J. A. Arbuthnot, of enactment of legi lation fa>oring the domestic parcels-post Brookfield Mo., and a petition of sundry citi..zens of Linn County, bill-to the -Committee on the Post-Office and Post-Roads. Mo., praying for the adoption of an amendment to the Consti Also petition or" Pontiac Grange, No. 283, favoring the Grout tution to prohibit polygamy; which were referred to the Com bill-t~ the Committee on .Agriculture. mittee on the Judich'l.ry. Also, petition of Oxford Gr~nge, No. 395, favoring the Grout Mr. CULLOM presented petitions of sundry citizens of Odell, bill-to the Committee on .Agnculture. of the Woman's Christian Temperance Union of Mount Sterlittg, Also petition of George B. D. Alexander, for an increase of and of sundry citizens of Chrisman, all in the State of illinois, pen io~-to the Committee on Pensions. praying for the enactment of legislation to prohibit the manu · By Mr. STERLING: Papers to accompany bill H. R. 16422, facture and sale of intoxicating liquors in the Indian Territory for the relief of E
He also presentecl a petition of sundry citizens of Minnesota, 1\Ir. SCOTT, from the Committee on Pe:nsions, to whom were praying for the adoption of a certain amendment to the suffrage referred the following bills, reported the.m severally without clan e in the statehood bill; which was ordered to 'lie on the amendment, and submitted reports thereon : table. A bill (H. R. 4112) granting an increase of pension to Eliza· 1\lr. BERRY presented petitions of the Arkansas Synod .of the beth Wynne; Cumberland Presbyterian Church, of ·Clarendon; of the White A bill (H. R. 2353) granting an increase of pension to Sophia River Conference, Methodist Episcopal Church South, of Au C. Hilleary ; , gu ta, in the State of Arkansas, and of J. 1U. Birdwell and 49 A bill (H. R. 14150) granting an increase of pension to John citizens of Protean, Ind. T., praying for the enactment of legis J. Carberry; lation proV"iding for the protection of the Indians against the A bill (H. R. 12058) granting an increase of pension to John liquor traffic in the new States to be formed; which were W. Dickey; ordered to lie on the table. A bill (H. R. 9771) granting an increase of pension to Mary Mr. SPOONER presented a petition of the Woman's Chris E. Weaver; tian Temperance Union of Brodhead, Wis., praying for the A bill (H. R. 10686) granting an increase of pension to l\Ii· adoption of a certain amendment to the £uffrage clause· in the chael Kurtz ; statehood bill; whlch was ordered to lie on the table. A bill (H. R. 7367) granting an increase of pension to John 1 1\Ir. HOPKINS presented petitions of sundry citizens of Ful M. Barron; . ton, l\Iount Sterling, La Clede, Quincy, Bartlesville, Paris, Sugar A bill (H. R. 3359) granting an increase of pension to Cyrus Loaf, Dekalb, Harvey, and Champaign, all in the State of Dli E. Salada ; and . nois, praying for the enactment of legislation providing for the A bill (H. R. 5245) granting an increase of pension to Wil protection of Indians against the liquor traffic in the new States liam A. Belt. . to be formed; which were ordered to lie on the table. Mr. SCOTT, from the Committee on Pensions, to whom was He also presented petitions of sundry citizens of Momence and referred the bill ( S. 5455) granting an increase of pension to Chicago, all in the State of Illinois, -praying that an investiga Jeanie G. Lyles, reported it with an amendment, and submitted tion be made into the conditions existing in the Kongo Free a report thereon. State; which were referred to the Committee on Foreign Rela Mr. McCUMBER, from the Committee on Pensions, to whom tions. were referred the following bills, reported them severally without He also pre ented petitions of the Illinois State Bar Asso amendment, and submitted reports thereon: ciation1 of the Chamber of Commerce of Chicago, of the Business A bill (H. R. 7241) granting an increase of pension to Philip Men's Association of Springfield, and of the Irwin Paper Com H. Sh·unk; pany, of Quincy, all in the State of Illinois, praying for the rati A bill (H. R. 1907) granting an increase of pension to Wyman fication of international arbitration treaties; which were J. Crow; referred to the Committee on Foreign Relations. A bill (H. R. 15744) granting an increase of pension to EQ. He also presented petitions of sundry citizens of Chicago, ward L. Russell ; ~ton, Astoria, Aurora, Batavia, Canton, Cobden, Decatur, East St. A bill (H. R. 14951) granting an increase of pension to Ben· Louis, Freeport, Galesburg, Harvey, Jacksonville, Joliet, Lasalle, jamin F. \Vatts; Moline, Monmouth, Naperville, Oregon, Peoria, Rockford, Sand A bill (H. R. 11402) granting an increase of pension to Agnes wich, Sparta, Sterling, Waukegan, and Rock Island, all in the B. Hesler; State of Illinois, praying for the enactment of legislation to A bill (H. R. 6543) granting an increase of pension to Robert enlarge the powers of the Interstate Commerce Commission; Liggatt; :which were referred to the Committee in Interstate Commerce. A bill (H. R. 12397) granting an increase of pension to Alfred Mr. LODGE presented petitions of sundry citizens of Boston, Chill; Reading, Somerville, and EV"erett, all in the State of Massa A bill (H. R. 4211) granting an increase of pension to Elijah chusetts, praying for the enactment of legislation to enlarge the Roberts; powers of the Interstate Commerce Commission ; which were A bill (H. R. 5089) gra.nting an increase of pension to Charles referred to the Committee on Interstate Commerce. W. McKenney; He also presented petitions of sundry citizens of 'Shelburne, A bHI (H. R. 5692) granting an increase of pension to John Brookline, Manchester, New Bedford, Edga11:own, Chicopee Falls, Stanley; Hyde Park, North Swansea, Lyon, Chelsea, Cambridge, Mans A bill (H. R. 15269) granting a pension to Anna C. Owen; field, Somerville, and Worcester, all in the State of Massa A bill (H. R.14576) granting an increase of pension to Evelyn chusetts, praying for the adoption of an amendment to the M. Dunn; C-onstitution to prohibit polygamy; which were referred to the A bill (H. R. G948) granting an increase of pension to Joshua Committee on the Judiciary. Parsons; SAI.A.RIES OF TEACHERS IN THE DISTBIOT OF COLUMBIA. A bill (H. R. 808) granting an increase of pension to George ?11r. GALLINGER. I present a _memorial of Washington Deland; A bill (H. R. 11451) grunting an increase of pension to Alex teachers, showing the necessity for .increased salaries in the ander Morrison ; District of Columbia. The memorial is brief. r move that it A bill (H. R. 15743) granting an increase of pension to Desire be printed, and referred to the Committee on Appropriations. Leglise; The motion was agreed to. A bill (H. R. 8166) granting an increase of pension to Uartha REPORT ON CHILDREN'S COlJBTS. A. Johnson; Mr. PLATT of New York, from the Committee on Printing, A bill (II. R. 10945) granting a pension to Lola Qualls; reported the following resolution; which was considered by A bill (H. R. 9115) granting an increase of pension to Merritt unanimous consent, and agreed to : Mead; R esolved, That there be printed and bound in cloth 2,000 copies of A bill (H. R. 11148) granting an increase of pension to George the report on Children's Courts in the United States (Honse Docu W. Stanfield; ment .No. 701, 58th Cong., 2d sess.), of which 1,000 copies shall be for the use of the Senate and 1,000 copies for the Department of State. A bill (H. B. 6961) granting an increase of pension to Thomas BEPORT OF MERCHANT MARINE COMMISSION. E. Rice; Mr. PLATT of New York, from the Committee on Printing, to A bill (H. R. 10554) granting an increase of pension to John whom was referred the concurrent resolution submitted by Ur. McGregor; and GALL:rnGER on the 5th instant, reported it without amendment; A bill (H. R. 6640) granting an increase of pension to John A. and it was considered by unaninwus consent, and agreed to, as Courtney. Mr. :McCUMBER, from the Committee on Pensions, to whom follows: was referred the bill (H. R. 4728) granting an increase of pen R esolved by the Senate (the House of Represen,tatives concurring), That there be printed and bound in cloth 6,000 copies of the report on sion to Wiliam W. Smith, reported it with an amendment, and the Development of the American Merchant Marine and American Com submitted a report thereon. merce, and of the testimony taken in connection therewith, of which He also (for Mr. PATTERSON), from the same committee to 2 000 copies shall be for the use of the Senate, 3,000 copies for the u.Se of the House of Representatives, and 1,000 copies for the use of whom were referred the following bills, 1·eported them severally the Merchant Marine Commission, of which latter 100 copies .shall be without amendment, and submitted reports thereon: bound in half morocco. A bill (H. R. 13501) granting an increase of pension to James REPORTS OF COMMITTEES. L. 'l'ownsend ; Mr. PLATT of New York, from the Committee on P1·inting, A bill (H. R. 3712) granting a pension to Frederick ,V. Tapp to whom was referred the bill (H. R. 15225) to amend the act meyer; relating to the printing and distribution of public documents, A bill (H. R. 12052) granting a pension to Walter P. Mitchell; and for other purposes, reported it ~itb amendments, and sub A bill (H. R. 11984) granting an increase of pension to Ed mitted a report thereon. ward C. Jones; and 1905. CONGRESSIONAL RECORD- SENATE. 549
A bill (II. R. 10969) granting an increase of pension to Joseph A bill (H. R. 15791) granting a pension to Mary Suppes. ·H. Shay. Mr. GIBSON, from the Committee on Pensions, to whom was Mr. McCUMBER (for Mr. CABMACK), from the Committee on referred the bill (H. R. 6857) granting an increase of pension Pensions, to whom were referred the following bills, reported to Lorenzo D. Jameson, reported it without amendment, and them severally without amendment, and submitted reports submitted a report thereon. thereon: ESTATE OF HENRY LEE, DECEASED. A bill (H. R. 543G) gr.anting a pension to Hiram Baird; A bill (H. R. 5461) granting an increase of pension to Preston Mr. WARREN. There has be~n referred to the Committee D. Roady; on Claims the bill (H. R. 6375) for the relief of the executors A bill (H. R. 12576) granting an increase of pension to Wil of the estate of Henry Lee, deceased. As the bill relates to liam 1\I. Kitts; taxes upon legacies, incomes, etc., the Committee on Claims re A bill (H. R. 11235) granting a pension to Clarissa E. Mc purt the same back, asking that they may be discharged from Cormick· the further consideration of the bill, and suggesting that it be A bill (H. R. 12577) granting an increase of pension to James referred to the Committee on Finance. Graves ; and The PRESIDING OFFICER. The Committee on Claims will A bill (H. R. 1099) granting an increase of pension to Lewis be discharged from the further consideration of the bill and it 0. Marshall. will be referred to the Committee on Finance, in the absence of Mr . .McCUMBER (for Mr. TALIAFERRO), from the Committee objection. on Pensions, to whom were referred the following bills, reported VIEWS OF MINORITY .OF MERCHANT MARINE COMMISSION. tllem severally without amendment, and submitted reports Mr. MALLORY. I submit the views of the minority of the ~~= . Merchant Marine Commission. I move that the views of the A bill (H. R. 4655) granting an increase of pension to Henry minority be printed and referred to the Committee on Com Jeffers ; and merce. A bill (H. R. 14184) granting an increase of pension to James The motion was agreed to . . Ginnane. Mr. ALGER, from the Committee on Pensions, to whom were BILLS AND JOINT RESOLUTION INTRODUCED. referred the following bills, reported them severally without Mr. SCOTT introduced a bill (S. 6373) for the relief of Mrs. amendment, and submitted reports thereon: Thomas Mci..~aughlin ; which was read twice by its title, and, with A bill (H. R. 6506) granting an increase of pension to Edward tbe accompanying papers,.referred to the Committee on Claims. 111. Rhoades ; . Mr. PROCTOR introduced the following bills ; which were A bill (H. R. 15688) granting an increase of pension to severally read twice by their titles, and referred to the Com Augustus H. Haines ; · mittee on Pensions: A bill (H. R. 6129) granting an increase of pension to Edwin A bill ( S. 6374) granting an increase of pension to Lewis 1\I. Raymond; Secor (with accompanying papers) ; A bill (H. R. 2558) granting an increase of pension to John A bill (S. 6375) granting a pension to Sarah A. E. Walton Cummings; (with accompanying papers) ; A bill (H. R. 11661) granting an increase of pension to Wil- A bill ( S. 6376) granting an increase of pension to Henry liam H. McClurg ; . S. Dewey; and · A bill (H. R. 5037) granting an increase of pension to Richard A bill ( S. 6377) granting a pension to Belle Elder. H. Stillwell ; Mr. 'VARREN introduced the following bills; which we1·e A bill (H. R. 11788) granting an increase of pension to Henry severally read twice by their titles, and referred to the Commit L. Kyler; tee on Pensions : A bill (H. R. 4948) granting a pension to Wilson H. Davis; A bill ( S. 6378) gran.ting an increase of pension to Marie A bill (H. R. 2151) granting an increase of pension to Samuel Louise Michie ; H. Hunt; A bill (S. 6379) granting an increase of pension to James 1\f. A bill (H. R. 9798) granting an increase of pension to Isaac Conrad (with accompanying papers) ; and W. Sherman: A bill ( S. 6380) granting a pension to Martha L. H. Spurgin. A bill (H. R. 14G01) granting an increase of pension to Wil Mr. BARD intoduced a bill (S. 6381) granting an increase of liam Scheall ; and pension to John Hamilton; which was read twice by its title, A bill (H. R. 12859) granting an increase of pension to James and, with the accompanying papers, referred to the Committee Donnelly. on Pensions. 1\Ir. OVERMAN, from the Committee on Pensions, to whom .Mr. BERRY introduced a bill (S. 6382) for the relief of Wil was referred the bill (H. R. 15404) granting an increase of pen liam M. West; which was read twice by its title, and referred sion to John A. Hayward, reported it without amendment, and to the Committee on Claims. submitted a report thereon. Mr. DIETRICH introduced a bill (S. 6383) to provide for an ·He als.o, from the same committee, to whom was referred Alaskan government board, and for other purposes; which was the bill ( S. 4392) granting an increase of pension to Samuel read twice by its title, and referred to the Committee on Terri Hyatt, reported it with amendments, and submitted a report tories. thereon. Mr. McCUMBER (by request) introduced a bill (S. 6384f He also, from the same committee, to whom was referred the granting an increase of pension to Elizabeth Jackson; which bill (S. 4660) granting an increase of pension to Nellie B. wa.s read twice by its title, and referred to the Committee on Newton, reported it with an amendment, and submitted a report Pensions. thereon. He also (by request) introduced a bill (S. 6385) granting an Mr. BURNHAM, from the Committee on Pensions, to whom increase of pension to Antonette Stewart; which was read twice were referred tlie following bills, reported them severally with by its title, and referred to the Committee on Pensions. out amendment, and submitted reports thereon: Mr. GALLINGER introduced a bill (S. . 6386) to regulate the A bill (H. R. 10272) granting an increase of pension to Lo employment of child labor in the District of Columbia; which renzo Streeter ; was read twice by its title, and, with the accompanying paper, A bill (H. R. 14855) granting an increase of pension to Henry referred to the Committee on the District of Columbia. C. Thayer; " He also introduced a bill ( S. 6387) authorizing the exten A bill (H. R. 15144) granting an increase of pension to Wil sion of Rhode Island avenue NE. ; which was read twice by its liam J. Reynolds; title, and with the accompanying papers, referred to the Com A bill (H. R. 912) granting an increase of pension to John F. mittee on the District of Columbia. Dorsey; He also introduced a bill ( S. 6388) granting an increase of .A bill (H. R. 6832) granting an increase .of pension to Na pension to George W. Hadlock; which was read twice by its thaniel Cayes ; title, and referred to the Committee on Pensions. A bill (H. R. 15785) granting an increase of pension to 1\fr. LODGE introduced the following bills; which were sev Charles E. Young. erally read twice by their titles, and referred to the Committee A bill (H. R. 3287) granting an increase of pension to Orin on Pensions : Plaisted; · A bill (S. 638~) granting a pensjon to Ellen Harriman (with A bill (H. R. 15680) granting an increase of pension to Isaac an accompanying paper) ; Hanson; A bill ( S. 6390) granting a pension to Hannah A. Sawyer ; A bill (H. R. 15071) granting an increase of pension to Ma A bill (S. 6391) granting an increase of pension to Albert C. tilda L. Curkendall; Andrews (with an accompanying paper) ; A bill (H. R. 15779) granting an increase of pension to A bill (S. 6392) granting a pension to Lydia Jones (with a~ Lucinda M. Reeves; and companying papers) ; 550 CONGRESSIONAL RECORD- SENATE. JANUARY 9,
A bU ( S. 6393) granting an increase of pension to Charles M. Mr. GALLINGER introduced a bill ( S. 6422) to amend an net Bailey (with an accompanying paper) ; approyed February 12, 1901, entitled "An net to provide for A bill (S. 6394) granting an increase of pension to Frank B. eliminating certain grade crossings on the line of the Baltimore Dore (with an accompanying paper) ; and Potomac Railroad Company, in the city of Washington, A bill ( S. 6395) granting a pension to Emma F. Evuns ; and D. C., and requiring said company to depre s and elevate its A bill ( S. 6396) granting a pension to Leocardia F. Flowers. tracks, .and to enable it to relocate p3J.'tS of its railroad therein, Mr. 1\f.ARTIN introduced the following bills; which were sev- and for other purposes;" which was read twice by its title, and erally read twice by their titles, and referred to the Committee referred to the Committee on the District of Columbia. on Claims: He also introduced a bill ( S. 6423) to establish a railroad A bill (S. 6397) for the relief of the trustees of Liberty storage yard for the District of Columbia, and for other pur Church, Dranesville, '\ a. ; · poses; which was read twice by its title, and referred to the A bill ( S. 6398) for the relief of the trustees of the Presby Committee on the District of Columbia. terian Church of Marshall, Va.; Mr. NELSON introduced a joint resolution (S. R. 88) author A bill (S. 6399) for the relief of the vestry of St. James Prot izing the Secretary of ·war to furnish a condemned cannon to estant Episcopal Church, of Culpeper County, Va.; the board of regents of the University of Minne ota, at Minne A bill (S. 6400) for the relief of the trustees of Mount Zion apolis, Minn., to be placed on campus as a memorial to students Old School Baptist Church, near Aldie, Loudoun County, Va.; of said university who served in Spanish war; which was read and twice by its title, and· referred to the Committee on Military A blll ( S. 6401) for the relief of the trustees of the Methodist Affairs. Epi copal Church South, of Jeffersonton, Culpeper County, Va. AMENDMENTS 'TO STATEHOOD BILL. Mr. SMOOT introduced a bill (S. 6402) granting an increase of pension to Samuel Lewis ; which was read twice by its title, Mr. GALLINGER submitted an amendment intended to be and, with the accompanying papers, referred to the Committee proposed by him to the bill (H. R. 14740) to enable the people of on Pensions. Oklahoma and of the Indian Territory to form a constitution 1\Ir. HOPKINS introduced a bill (S. 6403) granting an in and State government and be admitted into the Union on an crease of pension to Daniel L. Wise; which was read twice by equal footing with the original States; and to enable the people its title, and, with the accompanying paper, referred to the Com of New :Mexico and Arizona to form a constitution and State mittee on Pensions. government and be admitted into the· Union on an equal footing Mr. BURNHAM introduced a bill ( S. 6404) granting an in with the original States; which was ordered to lie on the table, crea e of pension to George W. Cowen ; which was read twice by and be printed. its title, and referred to the Committee on Pensions. Mr. TELLER. I offer an amendment in the natm·e of a He also inh·oduced a bill ( S. 6405) granting an increase of substitute for the bill (H. R. 14749) to enable the people of pension to Jennie L. Overton; which was read twice by its title, Oklahoma and of the Indian Territory to form a constitution and referred to the Committee on Pensions. , and State government and be admitted into the Union on an l\Ir. FULTON inh·oduced a ·bill (S. 6406) providing for the equal footing with the original States ; and to enable the people of New Mexico and of Arizona to form a constitution and purcha~e and condemnation of irrigable lands in certain cases ; which was read twice by its title, and referred to the Committee State government and be admitted into the Union on an equal on Irrigation and Reclamation of Arid Lands. ·rooting with the, original States. I ask that the proposed Mr. NELSON introduced a bill (S. 6407) granting an increase amendment may be printed. As the committee has already of pen ion to John Dempster Croissant; which was read twice reported the bill, I do not desire that the amendment shall be by its title, and referred to the Committee on Pensions. referred. Mr. l\IcCOMAS introduced a bill (S. G408) granting an in ~rhe PRESIDING OFFICER. The amendment will be printed crease of pension to Michael L. Cunningham; which was read and lie on the table. twice by its title, and referred to the Committee on Pensions. AMENDMENTS TO APPROPBUTION B!LLS· He also inh·oduced a bill (S. 6409) granting an increase of 1\fr. CRANE submitted an amendment proposing_to appropri- pension to l;ouis N. Frank; which was read twice by its title, ate $47,500 to pay the balance of interest found due and remain and referred to the Committee on Pensions. ing unpaid on such Kaw or Kansas Indian scrip promi ing to 1\Ir. HALE introduced the following bills; which were sev- pay 6 per cent upon the principal of the same as shall ha\e erally read twice by their titles, and referred to the Committee been filed in the Interior Department on or before the 1 t day on Naval Affairs: of March, 1890, intended to be proposed by him to the Indian A bill (S. 6410) to provide for the deposit of the savings of appropriation bill; ·which was referred to the Committee on enlisted men of the United States Marine Corps (with an Indian Affairs, and ordered to be printed. · accompanying paper) ; Mr. HALE submitted an amendment proposing to authorize A bill (S. 6411) relating to certified checks furnished to tile Secretary of the Navy, in his discretion, to require the wllole secure compliance with proposals and contracts for naval sup- or a part of the bounty allowed upon enlistment to be refunded plies (with an accompanying paper); in cases where men are discharged during the first year of en A bill (S. 6412) relating to the band of the United State3 listrnent, by request, for inaptitude, as undesirable, or for dis- Marine Corps (with un accompanying paper) ; and ability not incurred in the line of duty, intended to be proposed A bill ( S. G413) to provide for the temporary warranting and by llim to the naval appropriation bill; which was referred to for the retirement of pay clerks in the Navy. the Committee on Naval Affaii's, and ordered to be printed. Mr. HALE introduced a bill (S. 64:14) granting an increase of EUGENE D. DIMMICK-WITHDRAWAL OF PAPERS. pension to John Kief; which was read twice by its title, and referred to the Committee on Pensions. On motion of 1\lr. PROCTOR, it was 1·ntroduced a bill ( S 6415) granting an in 01·dered, That the napers in the case of S. 2637, second session l\fr. SPOONER ' - Fifty-eighth Congress, '~'Authorizing the appointment of Eugene D. Dim crease of pension to Daniel Bolen; which was read twice by its mick colonel, United States Army, retired, as brigadier-general,' be title, and, with the accompanying papers, referred to the Com- withdrawn from the files of the Senate, there having been no adverse mi ttee on Pensions. report tl;lereon . . Mr. SPOONER. For my colleagqe (Mr. QUARLES], who is nee- ~EPORT OF YOSEMITE PABK COMMISSION. essarilv absent, I introduce three bil1s. On motion of Mr. BABD, it was 'l'he ·bills which were severally read twice by their title , Ordered, That the original manuscript of the report
To the Senate an-d House :Ot Representatives: Washington whether the bill has the appl·oval of the Interior I transmit herewith a report, by the S~cretary of Agriculture, of the Department? operations of the Bureau of Animal Industry of the ~partment ot Agriculture for the fiscal yt!ar ended June 30, 1904, 1n compliance Mr. aNKENY. I am not aware that it has. with the requirements of section 11 pf the act ~pproved May 29, 1884, Mr. BURROWS. Is there a report accompanying the bill? for the establishment of that Bureau. Mr. ANKENY. There is. THEODOllE ROOSEVELT. The PRESIDING OFFICER. Does the Senator from Michi WHITE HOUSE, Ja11>Ua1':JI 9, 11J05. gan ask for the reading of the report? EFFICIENCY OF THE ARMY. Mr. BURROWS. I should like to know if there is a letter' The PRESIDING OFFICER laid before the Senate tbe fol from the Interior Department embraced in the report? lowing me sage from the President of the United States; wbich The PRESIDING OFFICER. The Chair is informed that as read, -and, with the accompanying papers, referred to the there is no letter from the Department embodied in the report Committee on Military Affairs, and Ol"dered to be printed·: of the committee. . To the Senate and House of Represent-atives: Mr. BURROWS. Is there .a communication from the Depart I have, in a former messag~, stated to the Congress my belief that ment in regard to it? om· Army need not be large, but that it should in every part be br()ught to the highest point of efficiency. The Secretary of War has called to Mr. ANKENY. I am not aware of -any. my attention the fact that the act approved February 2, 1901, whi-ch ac Mr. BURROWS. I understand the Senator from Washington complished so much to promote this result, failed to meet the n-eeds of to state that be is not aware that the bill has received the ap ne stn.ft' deyartment, in which all of ()ur people are peculiarly inter- .ested and of which they have a right to demand a high degree of ex proval of the Interior Department I ask for the reading of the ~Ucnce . I rerer to the Medical Department. Not only does a com report . pete-nt medical 'Service by safeguarding the health of the Army C?D The PRESIDING OFFICER. The report will be read. tril.Jute greatly to its power, but it :gives to the families of the natlon a guaranty that their :fathers, brothers, and sons who are wo~ded in The Secretary read the report submitted by Mr. STEWART battle or sicken in the camp shall have not only skilled medteal aid, April 8, 1904, as follows : but also that J)rompt and well-ordered attention to all th-eir wants The Committee on Indian Aft'alrs, having had under consideration which can come only by an adequate and n·alned personnel. the bill (S. 5187) providing tor the opening of the south half of the I nm satisfied that the Medical Cor}>s is much too small for the needs Colville Indian Reservation, in the State of Washington, beg leave to of the present Army and therefore very much too small for its suc report the same favorably and recommend its passage. cessful expansion in time of war to meet the needs of an enlarged A blll (S. 345) in some respects similar to this bill (S. 5187) was Armyl and, in addition1 to furnish the v-olunteer serviee a certain num reported favorably on January 25 by Mr. TELLER, whu reviewed the ber or offi-cers trained m medical administration. A hill which, in the facts in the case in Senate Report No. 468. opinion of the Secretary of War, of the late Secretary of War, and of In presenting a report on House bill 12235, which is similar to the the General Staft' of the Army, supplies these deficiencies was intro bill now under consideration (S. 5187), Mr. HINSHAW, from the Com (}uced at the last session of Congress and 1s now before you. I am also mittee on Indian Affairs, made the foUowing statement; advised that it meets the cordial approval of the medical profession of " The Committee on Indian Affairs-, having had under consideration the country. It provides an organization which, when compared with the bill (H. R. 12235) providing for the ()pening of the south half of that of other nations, does not seem to err on the side of excessive the Colvill-e Indian Reservation, in the State of Washington, beg leave llberality, but which is believed to be sufficient. I earnestly recom to submit the following report: mend its passage by the present Congress. It the Medical Department " The Colville Indian Reservation was set aside in 1872, by Execu is left as it is, no amount of wisdom or efficiency in its administration tive order, so as to provide a definite location for certain Indian bands would prevent a complete breakdown in the event of a serious war. which then were roaming around over the Northwest country without I transmit herewith a memorandum which has been prepared for .me any fixed abode, and for such other Indians as might trom time to time· by the Surgeon-General of the Army, and also the remarks of the be plaeed there by the Government Several different tribes have been former and of the present Secretary of War with reference to this bill. placed thereon, but no treaty relations exist with any of them. On the It is reported to me that the Ordnance Corps is in a position of dis reservation are to be found members ot the folluwing tribes : Lake Col p~rsonnel pe~ormanc~ ~e advantage; that its is inadequate to the .of ville, Oklnag:m, Colnmbias, Nez Perc~, Sanpoil, and Nespelim. -duties with which it 1s charged. and that under enstmg corulltwns 1t " Originally the reservation contained about 3,000,000 acres of land, is unable to recruit its numhers with officers of the class necessary for and was located in the north-central part of the State of Washin.,aton. the conduct of its very technical work. It is unnecessary for me to lay In 1892 an act was passed to provide for the opening of the north half stress upon the desirability of having the design and manutacture of ()f the reservation. P.rior to this tlme a eommlsslon had been ap the material with which we are to fight in competent and sufficient pointed to treat with the Indians, and an agreement had been made hands as there is no dift'erence of opinion as to the intention of all con to pay them -$1,500,000. A bill was introduced In the House of Repre cerned to have provided a proper supply of weapons, munitions, en sentatives to ratify this agreement It passed the House of Repre gines ojj wa1·, equal in conception and construction to any in the world, sentatives, but when it came before the Senate committee all after the and superior in any respects in which by slrill .and attention we may enacting clause was stricken out, and it was provided that the north be able to compass such superiority. half should be thrown open to homestead entry and that the home The greatly in~reased utilization of the exact scien~es .in 1:>rdnance steaders, in _addition to complying with the homestead laws, should construction reqmres a larger personnel for their .applicatw~, and. the process of its selection should be severely and contmuously discrimmat pay $1.50 per acre for the land. This did not go to the Indians, how~ ever, but was to go into the Treasury ()~ the U~ted S~tes, subject ~ ino- under conditions offering stimulus sufficient to cause officers of appropriation by Congress for any pubbc use, and, until so appropn pr~per capacity, of whom it appears there are plenty, to wish to sub ated might be used for the support and education of the Indians. The jeet themselves to it. A bill embodying the necessary provisions and Senate acted upon the theory that the Indians had no title to the involving no -radical departure from existing methods has been pre lands, but were occupying them under a license. The report of the pared by the Wax Department. I think it should be passed. committee (S. Report No. 664, 52d Cong., 1st sess.) states; THEODORE ROOSEVELT. " ''!'his Executive order defines the Colville Reservation as it now ex WHITE HOOSE, January 9, 1905. ists and is the sole tasis upon which the ri.ght of occupancy of these Mr. COCKRELL. Mr. President, if I am not very much mis- · Indians rests. Under this order the Indians were given a license t() oc- cupy the lands described in it so long only as it was the pleasure of the taken the Senate bas already passed both the bills referred to Gov~rnment they should do so, and no right, title. or claim to such in th~ message ; but I ask that the message may be printed and lands has vested in the Indians by virtue of this occupancy. So that referred to the Committe on Military Affairs. in the opinion of the .committee Co~gress is entirely free to legisl~~;te concerning the lands embraced in th1s reservation and make such dis The PRESIDING OFFICER. Such wlll be the order of the position ()f them as it deems proper. An err()neous idea seems to have Senate in the absence of objection. grown up that the Indian allotment act and its amendments have given Mr. WARREN. Both those bills have passed the Senate and additional sanctions to Executive reservations and operated to confer titles upon the Indians occupying them they did not before possess. gone to the House of Representatives. The language of that act is simply an authorization to the President, Mr. COCKRELL. Yes; I think both the bills referred to in and is as follows : the me sage have already passed the Senate. " ' " In all cases where any tribe or band of Indians has been or shall hereafter be located upon any reservation created for their use, either 1\lr. WARREl~. Yes. • by treaty stipulation or by virtue of an act of Congress or Executive HOUSE BILLS BEFEBRED. order setting apart the same for their use, whenever in his opiil.ion any reservation, ()r any part therlX>f, of such Indians is advantageous "for The .act {H. R.17094) making appropriations fur fortifica agricultural and grazing purposes, to cause such reservations, or any tions and other works of defense, for the armament thereof, for part thereof, to be surveyed, or resurveyed if necessary, and to allot ·the lands in such reservation in severalty to any Indian located there tlle procurement of heavy ordnance for trial, and for other pur on... • • * po e , was read twice by its title, and referred to the Committee " 'At the time of the enactment of this statute there were fifty-six on Appropriations. Executive reservations, embracing perhaps from 75,000,000 to 100,000,- 000 acres of the publi{! lands, in whkh the Indians had no right or The act (H. R.14351) for the relief of the Gull River Lumber claim of title ·and which could be extinguished by a.ct of the President. Company, its assigns or successors in interest, was read twice It would be preposterous to place such a construction upon the lan by its title, and referred to the Committee on _Military Affairs. guage <~f this act as would divest the United States of its title to these lands. It extended· n-o further than a legislative recognition Of Execu COLVILLE INDIAN RESERVATION, WASH. ·uve reservations. No part of the Colville Reservation has been sur veyed. No allotments have been made upon it. No selections for al Mr. ANKENY. I ask unanimous consent for the present con lotments have been had, and, in fact, no basis of selections by individual sideration of the bill (S. 5187) to provide for the opening of the Indians for allotment purposes yet exists. " • Individual Indians have occupied and improved holdings Jn the remaining portion of the Colville Indian. Reservation, in the :faith that hereafter they would be per·mitted to obtain the same by State of Washington, and for other purposes. allotment, and this expectation should not be disappointed. '!'he Col The PRESIDING OFFICER. The bill will be read for the ville Reservation is in the form qf an irregular square, bounded on the east and south by the Columbia River, west by the Okonogan River, lnformation of the Senate. and on the north by the forty-ninth parallel or international bOundary The Secretary read the bill. line. It contains a.bout 3,eoo,ooo -acres. The PRESIDING OFFICER. Is there objection to the pres " ' The bill as it passed the House proposes, with certain modifica tions the ratific.ation, confirmation, and carrying into effect of an ent -consideration of the bill? ngreement of t:e sion and relinquishment .entered into between the In Mr. BURROWS. I should like to inquire of the Senator from dians occupying this reservation and three commissioners appointed by 552 CONGRESSIONAL RECORD-SENATE. JANUARY 9, the President for the purpose, in pursuaace of a provision contained from time to time, as he shall ·deem best, in the building of school in the last Indian appropriation act. houses and the maintenance of schools for all the Indians in the terri " ' The Honse bill, us your committee has shown, rests upon an en tory originally embraced in the Colville Indian Reservation, and in such tirely etToneous basis, and would not only commit the Government to other ways as he may deem best for the education, civilization, and relin q ui ~ h its complete title in the land proposed to be ceded, but com support. of au the said Indians.' . pel it to pay such a purchase price therefor as the Indians having no " This, doubtless, will furaish an ample fund for the building and claim to it might exact, and also commit the Government to an maintenance of schoolhouses, the purchase of farming utensils, supplies, acknowledgment of Indian title to the remainder of the reservation. and other things necessary for the support and civilization of these 'l'he Colville agent in his last report submits a carefully prepared cen- l?dians. Considering the character of these lands, the committee con us, taken by himself and employees, of the Indians under his charge, Siders that the Indians will receive full and just compensation for including those on this reservation. whatever right or claim they may have to these lands and the lands embraced in the north half heretofore opened up.· Chil- Persons "There will really be no expense to the Government in the opening Males Fe- dren not of .this reservation, because it is provided that the amount for survey males and allotment shall be repaid to the Government out of the fund aris above be- other- Total. Name of tribe. 18 above tween wise ing from the disposition of the lands. years. H 6andl6 enn- "Amend as follows: . After 'appropriated,' in line 2. page 7, insert years. years. merated. the following: 'which sum shall be repaid into the Treasury of the United States out of the fund arising from the disposition of said lands.' ------1'------"And as so amended we recommend that the bill be passed.'' Lake ...... •...... ••...... •....•..... 117 112 74: 45 348 The amendment thus incorporated in the House bill by the above re Colville ...... •...... ------.... 109 91 62 41 003 port is part of the bill (S. 5187} as introduced in the Senate by Mr. liD 152 102 63 437 Foster and is included in lines 3, 4, and 5, page 7, of his bill, which is .g~~~~s :::::::::::: ==~=~:~::::::::: H4 152 67 43 400 hereby approved and recommended for passage. Joseph's ba.nd of Nez Perce .....•... 40 62 11 16 129 Nespelim ...... ------19 22 12 6 59 Mr. PLATT of Connecticut :ttfr. President, the bill stands Sanpoila ...... ••..•...... _____ •.... 135 165 :m as open to objection at this time, I believe? ------·-- --- TotaL ...••..•••...... 684 756 328 214 1,982 The PRESIDING OFFICER. The Chair so understands. Mr. PLATT of Connecticut. I do not know that I wish to a Estimated. object to the consideration of the bill, but I think the Senate ought to know just what the bill is before it acts upon it. At "'This substantially agrees with the enumeration made by said some time I should like to make a statement with regard to the Commis ion, which placed the number of male Indians above the age of 1 yea rs rightfully on the reseryation at 685. Many of the Lake bill. I will make it now, before the bill has been taken up, or and Colville Indians are industrious and have made encouraging prog at any other time. I suppose an objection can be entered at ress in civilization. 'l'hey reside along the upper Columbia River, on any time while the bill is under consideration? the northern part of the reservation. T:bey cultivate the soil, are self-supporting, and desirous of educating their children and acquiring The PRESIDING OFFICER. The Chair so understands, in severalty the lands they occupy. 'l'hey are largely on the land pro under the rule. posed to be vacated as a reservation and opened up to settlement. A Mr. PLATT of Connecticut. The bill may be taken up, and number of the Okanagons and some of the Moses Indians are on this portion of the reservation. 'l'he latter have. made commendable pro.,. I will then make a statement about it as I understand it ress, though not so far advanced in civilization as the Lakes and Coi The PRESIDING OFFICER. Is there objection to the pres villes. ent consideration of the bill? ·" ' The Columbias and Nez Perces were placed upon this reservation subsequent to its creation and by virtue of that provision in the Execu There being no objection, the Senate, as in Committee of the .tive order authorizing the Secretary to locate such other Indians Whole, proceeded to consider the bill. thereon as he saw fit.' Mr. PLATT of Connecticut Mr. President, I did not assent "'l'he bill reported by the Senate committee became law. During the Fifty-seventh Congress an act was passed relieving the settlers to this report when I was a member of the Committee on Indian from paying the $1.50 per acre for the land. Affairs and stated in the committee why I did not, and I should "'l'he State of Washington is dev~loping very rapidly. Its popula like to state in the Senate why I do not tion in 1880 was about 75,000; in 1890 359,000, and in 1900 over 500,000. According to a careful estimate made by the State bureau The Colville Indian Reservation, in the State of Washington, of statistics the population of the State now is over 750,000. contains about 3~000,000 acres. It was, as the bill state , an "'l'he south half of this reservation is the principal body of land in Executive order reservation. As to the north half, it hn been the tate not now settled upon and which is suitable for homesteading. In addition to the large a1·ea of agricultural, grazing, and timber lands opened for settlement under these circumstances and conditi Jn : lying in the north and south halves of this reservation, mineral dis A treaty was negotiated with the Colville Indians for the cpen coveries of great richness, extent, and variety have been made, and a ing of the north half of their reservation upon the payme-nt of vast mineral region lies to the immediate westward of this reservation, which only can l>e reached for transportation purposes by the construc $1,500,000 to the Indian in certain specified payment . This tion of railroads across it. Such construction, however, can not be negotiation was in com:equence of a provision in the Inilian afforded unless the traffic resources along the routes across the reser appropriation act of August 19, 1890. vation can be developed. 'l'his can take place only by operung the land to whitE: settlement and ownership. To keep these lands closed A commission was appointed to negotiate with the Indians. to settlement is to retard the growth and development of the State. It negotiated an agreement, as I have said, for the north half The number of Indians on the south half is estimated at about 1,376. of the reservation, by which the United States was to pay the "Your committ ee does not recognize nor deny the title of the Indians to this land. Prior to the establishment of the reservation they were Indians $1,500,000 in five installments of $300,000 after allot roving a bou t over many thousand square miles of territory in the North- · ting 80 acres in severalty to each Indian. They were also to west without any fixed abode. Whatever right or title they had must erect some blacksmith shops, sawmills, gristmills, schools, and have been a very shadowy one, if any at all, and whatever right they had to the reservation af ter it was formed was common to all. Under so forth. this bill each man, woman, and child will be given the exclusive right Wilen that agreement came to Congress, it was not ratified and title to 80 acres of land. This is more than enough to support by Congress. I think the House of Representatives ratified them in abundance. In addition to this, however, it is provided in sec tions 3 and 4 that for a certain period settlers upon the lands unal the agreement and provided for payment When, however, it lotted shall, in addition to complying with the homestead laws, pay came to the Senate the Senate did not ratify the agreement, certain amounts per acre for the lands homesteaded, and this money is but passed a bill authorizing the opening ot the north half of to be set apart in the Treasury to be expended by the Secretary of the Interior for the use and benefit of all the Indians of the original res the re ervation without reference to the agreement. That bill ervation. became a law without the President's signature. It is to be " ' SEc. 3. That each entryman, in addition to complying with the found in the Revised Statute , volume 27, page 62. That bill, requirements of the homestead laws, shall pay to the United States for the land entered at the rate of $1.25 per acre for land entered within ignoring the agreement which bad been made with the Indians, six months after the land is opened for settlement; $1 per acre if proceeded to open the reservation upon the e terms: Each In entered thereafter and within one year after the land is opened to dian was to have 80 acres of land, then the land was to be entry; 75 cents per acre lf entered after one year and w~thin two years after the land is opened to entry, and 50 cents per acre If entered opened to homestead entry, and the person taking it under after two years from the time when the land is opened for entry ; one homestead entry-- fifth of such sums to be paid when the original entry is made and one Mr. HANSBROUGH. That is the surplus land. fifth thereof each year thereafter until the full amount Is paid: Provided, That in case any entryman fails to make such payments, or any of Mr. PLATT of Connecticut. The surplus land. The persons them within the time stated, all rights in and to the lands covered by taking the lands were to pay a dollar and a half an acre for his o'r her entry shall be forfeited and held for cancellation : And pr o them. That money so received from the homestead entries vided That nothing in this act shall prevent homestead settlers from commutin"' their entry under section 2301, Revised Statutes, by paying and the payment of a dollar and a half an acre was to be put for the land entered the price fixed upon, receiving credits for pay in the Treasury of the United States, and until disposed of was ments previously made. In addition to the price to be paid for the to be used for the benefit of the Indians. It was a very pecu land the entryman shall pay the same fees and commissions at the time' of commutation of final entry as now provided by law where the liar provision. price of tbe land is 1.25 per acre: And provided further, That all Section 2 pr.ovides : lands herein ceded and opened to settlement under this act remaining undisposed of at the expiration of ten years from the date of the Presi That the net proceeds arising from the sale and disposition of the dent's proclamation opening the said land to entry shall be disposed of lands to be so opened to entry and settlement shall be set apart in under the general mining and homestead laws of the pnited St;ates in the Treasury of the United States for the time being, but subject to force at the expiration of the said ten-year period until otherwise pro· such future appropriation for public use a.s Congress may make, and vided by Congress, and without any additional payment therefor. that until so otherwise appropriated may be subject to expenditure by " • SEc. 4. That the proceeds received from the sale of said lands in the Secretary of the Interior from time to time, in such amounts as he conformity with this act shall be set apart in the Treasury of the shall deem best, in the building of schoolhouses, the maintenance of United States, subject to expenditure by the Secretary of the Interior schools for such Indians, for the payment of such part of the iozal 1905. CONGRESSIONAL ~ECORD-. · SENATE. 553
taxation as may be properly applied to the lands allotted to such In vation? I think I have seen such bills, though I am not quite dians as he shall think fit so long as such allotted lands shall be held sure whether they came to our committee or not in tr~st and exempt from taxation, and in such other ways as he may deem proper for the promotion of education, civilization, and self- Mr. PLATT of Connecticut I do not at this moment remem support among said ·Indians. . ber, but I have an impression that there have been such bills While this section provides that that money might be taken presented. out of the Treasury and used for other purposes, i~ is very Mr. DUBOIS. As I have stated, I think such bills have been manifest it never would have been, but that it would have re presented. mained in the Treasury for the benefit of these Indians. Mr. PLATT of Connecticut. I can not speak with positive Then came the free-homes law~ which applied to these lands. ness on that subject. Consequently the settlers upon these lands_ have not been re Mr. BURROWS. Mr. Pre ident, I should like to make some quired to pay ·anything to the Government for the lands, and inquiry about this matter, and I therefore trust that the bill will the Indians derived nothing under this bill. It stan~, then, go over without losing its place on the Calendar. For the pres that the lands on the north half of this reservation have been ent I object to its further consideration. taken from the Indians, giving them only 80 acres for whatever The PRESIDING OFFICER. Objection being made, the bill rights or equities they may have had in the lands which they will go over, under Rule VIII, without prejudice. occupied under the Executive order. They .get nothing. TOMJUGBEE RIVER BRIDGE. Ko.w, this bill proposes to de::tl with the south half of the reservation. It provides that, after giving the Indians 80 acres, Mr. McLAURIN. I ask unanimous consent for the present the rest of the land shall be opened to settlement by proclama consideration of the bill (H. R. 15606) to authorize the county tion. Under the new arrangement and for a certain time it of Itawamba, in the State of Mississippi, to construct a bridge may be taken up at a dollar and a. quarter an acre, I believe; across the Tombigbee River near the town of Fulton, in the said then after that at 75 cents an acre, and finally disposed of, I county and State. think, at 50 cents an acre, if it is not taken by homestead set There being no objection, the Senate, as in Committee of the tlement Whole, proceeded to consider the bill. So it is manifest that under this opening of the south half The bill was reported to the Senate without amendment, or something will be derived for the benefit of the Indians ; but dered to a third reading, read the third time, and passed. the Indians on the north half, or the Indians on the Colville MESSAGE FROM THE HOUSE. Reservation, will, by reason of the operation of the free-homes A message from the House of Representatives, by Mr. W. J. law, have received nothing for the lands which are taken on the BROWNING, its Chief Clerk, announced that the House had north half of the reservation. This bill changes the disposition passed the following bill and joint resolution : of the money received from those lands in that it is put into S. 6368. An act providing for the interment in the Dis:trict of the Treasury for the use of the Indians without any power to Columbia of the remains of Rose Dillon Seager ; and divert it from their use, as there WGS in the original -law. S. R. 79. A joint resolution granting the temporary occupancy My objection to this arrangement is this : I think it is per of a part of the Government reservation in Washington, D. C., haps a fair enough . disposition of the lands, but it raises the question-! do not know that it is really any longer a question_:_ for the American Railway Appliance Exhibition. whether the G-overnment can take away the lands which Indians PACIFIC PEABL MULLETT. have been settled upon by Executive order without any agree Mr. WARREN. Mr. President-- ment with the Indians, and if it can, whether in the statute Mr. BACON. If the Senator will yield to me, I wish to ask · taking them away it has made reasonable provision for the consent for the consideration of a bill which has come with a compensation of the Indians. . favorable report from the committee of which he is chairman. But the point about this matter is, that if we do this and the Mr. WARREN. If the bill will not lead to discussion, I Indians derive some benefit from it, we are certain to have a yield. · claim made by those Indians for a million and a half dolla1:s for Mr. BACON. I think it will not I ask un·animous consent the opening of the· north half of the reservation, where there for the present consideration of the bill ( S. 965) for the relief of was a treaty in the first place, or an agreement, that they should Pacific Pea~l Mullett, adni.i:nistratrix of the estate of the late have a million and a half dollars, and then the action of Con Alfred B. Mullett. · gre s that the lands should be subject to homestead at a dollar There being no objection, the Senate, as in Committee of the and a half an acre, which was expected to give them a. million Whole, proceeded to consider the bill. It directs the Secretary and a half dollars, and where the lands have been taken with of the Treasury to pay to Pacific Pearl 1\lullett, administratrix out their receiving a cent If we pass tJ:tis bill giving them of the estate of the late Alfred B. Mullett, $2,062.06 in full for something for these lands, giving them the proceeds which come the balance due her husband on account of compensation and from the opening to settlement, under the terms of the bill thP.y his actual expenses incurred as commissioner appointed from are sure to come here in the future saying that they are entitled civil life on the navy-yard commission, under the provisions of to a million and a half dollars for the land in the north half, and the act of August 5, ·1ss2, making appropriations for the naval they will get that money. No one who has been familiar with service, the balance being based upon vouchers heretofore issued these Indian claims will doubt for a moment that Congress, as and approved by the Secretary of the Navy and now in the are ult of this whole transaction with regard to the Colville In possession of the widow of Alfred B. Mullett dian Re ervation, will be called upon hereafter to pay out a The bill was reported to the Senate withou~ amendment, or million and a half dollars from the Treasury. dered to be engrossed for a third rending, read the third time, Mr. HANSBROUGH. They have a right to do that, anyway. and passed. Mr. TELLER. I want to know of the Senator from Connec ticut if, upon the statement he makes, he does not think that OMNIBUS CLAIMS BILL. those Indians will be entitled to that as a matter of right; and Mr. WARREN. I ask unanimous consent that the Sen:1te what right has the Gov·ernment to take it away from them if it resume consideration of the bill (H. R. 9548) for the allowance belongs to them? of certain claims for stores and supplies reported by the Court Mr. PLATT of Connecticut I do not know that I want to of Claims under the provisions of the act approved March 3, commit the Government by making that answer. Of course the 1883, and commonly known as the" Bowman Act" first taking of a portion of this reservation was before the Lone There being no objection, the Senate, as in Committee of the Wolf case. The decision in Lone Wolf case, I think, goes to Whole, resumed the -consideration of the bill. the extent that the United States would have the right to take The PRESIDING OFFICER. The question is on agreeing these lands from the Indians without making them any com to the amendment reported by the Committee on Claims as pensation, or making them such compensation · as the United amended. States in taking the lands might feel they were entitled to. I Mr. WARREN. I believe all the amendments to the amend· merely make this statement, as I want the Senate, if it passes ment heretofore propoEed by the committee have been adop ~ ed. this bill, to know the facts and to be sure that it is to be fol I have one here which was inadvertently left out. lowed by the payment of.a millio~ and a half dollars out of the . Mr. BERRY. There were some additional amendments not Treasury to those Indians. pi.·esented when the bill was reported. Have they been included Mr. DUBOIS. Mr. President, I should like to ask the Senator in the bill? a question. I am a little confused in my own mind regarding Mr. \V AHREN. They were all passed upon separately upon this matter. The Senator, as I understand, thinks that if we the reading of the bill on Friday. pass this bill it will be followed by the payment of a million and Mr. BERRY. The committee had a meeting after the bill had a half dollars for the north part of the Colville Reservation. been reported, and proposed certain other amendments? As a matter of fact, have not bills been presented here for the Mr. "\V ARREN. And reported further amendments. paym~nt of money to the Indians of the north part of the reser- Mr. BERRY. And all of them have been agreed to? 554 CONGRESSIONAL RECORD-· SENATE. JANUARY 9,
Mr. WA.RREN. They were adopted. As I understand the · available under the appropriation made for the Secretary to pay parliamentary situation, the bill is still in the Senate as in the amount due. That fact is found by the committee of the Committee of the Whole? . House of Representatives and the cominittee of the Senate. The PRESIDING OFFICER. That is the correct status of The PRESIDING OFFICER. The question is on agreeing to the bill. · the amendment to the amendment Mr. WARREN. The consideration closed the other night with The amendment to the amendment was agreed to. the offering of various amendments by the committee. I now The PRESIDING OFFICER. The question is on agreein~ to have a committee amendment which I will send to the desk. It the amendment as amended. · was overlooked the other evening. . Mr. BACON. I desire to offer an amendment, but I have not The PRESIDING OFFICER. The amendment proposed l>y the form here at the moment. I gave it to the Senator from the Senator from Wyoming, on behalf of the committee, will be Wyoming, as chairman of the committee, and I think he has stated. · sent to his room for it, but it has not yet been brought here; The SECRETARY. On page 201, after line 17, it is proposed to It is an amendment to pay a certain amount found by the insert: Court of Claims in favor of St Philip's Episcopal Church, of To Malinda S. Gray, widow and legal representative of Frederick P. Atlanta, Ga. · Gray, deceased, the sum of $356.10, for mall services performed as Mr. CLAY. Four thousand nine hundred and twenty-five contractor on route 10171, from Clarksburg to Paris, Tenn., from dollars. January 1 to March 31, 1861. Mr. BACON. I desire to ask the Senator from Wyoming, The amendment to the amendment was agreed to. the chairman of the committee, if he will not permit that Mr. WARREN. The committee has one more amendment to amendment to go on the bill? offer, being the bill last passed here in the Senate this mor~ng. Mr. WARREN. The amendment proposed to be offered by The PRESIDING OFFICER. The Senator from Wyommg, the Senator from Georgia, I understand, is based upon a finding on behalf of the committee, offers an amendment, which will be of fact by the Court of Claims in favor of a church. I will ask stated. if the Senator has the finding there? The SEcRETARY. On page 188, after line 2l1 it is proposed to Mr. BACON. I have it here. insert the following : Mr. WARREN. Let me see it To Pacific Pearl Mullett, administratrix of the estate of the late Mr. BACON. Please hand this to the Senator. That is the Alfred B. Mullett, the sum of 2,062.06 in full for the balance due her report. . husband the said Mullett, on account of compensation and his actual expenses incurred as commissioner appointed from clvll life on the Mr. WARREN. I have the papers here now. navy-yard commission, under the provisions of the act of August. 5, I wish to ask the Senator from Georgia not to press the 1882, making appropriations for the naval service, said balance bemg based unon vouchers heretofore issued and approved by the Secretary amendment for this reason : The case is one of a class that has of the Navy and now in the possession of the widow of said Mullett. not been included in the present bill~ I do not say that they The PRESIDING OFFICER. The question is on agreeing to should not be considered and paid; 1 do not say that at some the amendment offered by the Senator from Wyoming. time they may not be considered and paid; but they differ from Mr. PLATT of Connecticut. I should like to inquire why that the claims that have been inserted in the bill. I will say, furthermore, that this case does not stand alone. claim has not been paid, if vouchers have been issued therefor? There are various other churches similarly situated, and a very Mr. '"ARREN. A part of the original claim only has been paid, I will say to the Senator. Whi!e a voucher was is. ned, great many bills of individuals are also pending, amounting, in there were no available funds from wh1ch to pay it. The bill as the findings of the last three or four years, to perhaps $300,000. first passed in the Senate covered a little more than double the Turning to the finding of the court, article 4 reads as follows : present sum. But it passed in th~ House for a less sum. The It is not shown that any claim for the property herein claimed for was ever presented to any Department of the Government until its item wns passed on an appropriation bill. Finally, in conference, presentation to Congress and its references to this court, as set forth u smaller amount was designated as in full of the claim. The in the statement herein. beneficiary never accepted it as final, and never took the entire Now, the' committee has believed that the pending bill was as amount appropri~ted, but, it seems, ~lrew upon it to the ~~nt large as we ought at this time to consider, and the committee of omething like twenty-five hundred· dollars. The remammg has believed that since the Senate has extended to it some portion is still standing there appropriated for, and this amend measure of confidence in authorizing the grouping together of ment practically reappropriates that and adds the balance of bills in an omnibus bill, all bills as to which any questions the claim, making the sum the same as the Senate has permitted might arise, as the one here, should be eliminated from the on previous occasions. omnibus bill ; that it should be a straight collection of court Mr. PLATT of Connecticut Does this amendment not say findings free from charges of either disloyalty or laches. that vouchers are already in existence for what we are going That is all I have to present as a reason why this claim now to give? should not be included. It seems to me it would make an in Mr. WARREN. Not as paid vouchers or receipts, Mr. Presi vidious distinction if' this were permitted to go into the bi~ dent. unless indeed it is the pleasure of the Senate to open it up to 1\Ir. PLA.TT of Connecticut I probably did not catch the perhaps a ~undred and fifty more claims, involving perhaps reading aright. Will the Secretary read it again? three or four hundred thousand dollars, which have various Mr. WARREN. I have not the report before me. :flaws in the findings, if I may term them sue~ similar to the Mr. BACON. I have the report one I have just read. · Mr. PLATT of Connecticut ut the Secretary read again Mr. CLAY. I will ask the Senator whether it is not true what it says about the vouchers. that there have been bills pending both in the House and the The PRESIDING OFFICER. The Secretary will read as Senate ten years for the payment of this claim? requested. Mr. WARREN. I would not be able to say yes on no- The Secretary read as follows : Mr. CLAY. I say it is true. Said ball\llce being based upon vouchers hereto~ore Issued and ap- · 1\fr. WARREN. Because I think -the Senator will hardly ex proved by the Secretary of the Navy and now in the possession of the pect me to ·remember the several thousand claims annually in widow of said Mullett. troduced and referred to the committee. Mr. PLATT of Connecticut The question I ask is, Why, if Mr. CLAY. Then, as I understand the Senator, the only there are vouchers which have been issued by the Secretary for reason why this claim was not inserted · in the pending bill is this claim, which are now in the possession of the widow, it has that claimants have been negligent in presenting it to the De not been pai~ and why we need to do anything about it? partment or to Congress. The finding of the court in every. Mr. BACON. I hold in my hand the report of the House com respect complies with the Tucker Act It says the claim is just; mittee. This claim has been reported favorably by the commit that the claimant was loyal, and that the money ought to be tee in each House, and both concur in the statement-the House paid. There is nothing said against it except the fact that this report being ·adopted by the Senate committee-that at the time is the first time it has been presented to Congress. That is my there were no funds available for the payment of the full understanding of the finding of the Court of Claims. The bill amount due-that is stated in this report-and that the amount has been pending in Congress many years. now appropriated is the exact amount which the Secretary of lli. WARREN. Perhaps the Senator from Georgia states it the Navy contracted to pay. rather broadly. The court finds that the church was loyal, but 1\!r. WARREN. That is right. This added to what has al it finds that the claim can not be allowed for the amount pre ready been paid-- sented. However, it finds that there is a portion of the claim 1\!r. "B.ACON. This is in pur uance of a contract made at the justly due. But it finds that it was not presented early enough rate or 4,000 per annum by the Secretary of the Navy with to clear it of the charge of laches. For instance, this claim Colonel Mullett, and the only reason why the full amount wa,s was not presented to the Quartermaster's Department or the not paid by the Navy Department is that there were no f11nds Southern Claims Commission. 1905.1 CONGRESSIONAL RECORD- SENATE. 555
Mr. CLAY. Let me correct the Senator, with his permission. Mr. BATE. Our State has several, and I have approached They find one item of certain damagGs amounting to $800. The the Senator from Wyoming in regard to some five or six, three total damages amount to $4,925. of which I am very urgent about. But, as I understand, they Mr. WARREN. Yes, l\Ir. Pre ident; but that opens up an have been laid aside on the same ground that has been stated other branch of the subject. It has not been the policy and here with respect to the claim presented by the Senator from practice of the Senate or the House or of Congress, if I am cor Georgia. I took it for granted that it was to be uniform. I did rectly informed, to allow bills of damage as such, while they do not think there would be any exception made to it, else I should allow for material taken and u ed. For instance, if a house have presented the claims in which I am interested, and I shall becomes damaged in war or is torn down, it is not allowed for do so now if there is to be any exception. But, as I understand, strictly as damage. The Quartermaster's Department would it is the uniform practice with respect to this bill to exclude not allow for it The Southern Claims Commission would not those cases. However, I understand the Senator is going right allow for it Congress would not allow for it But if material to work on the other claims, and will try to get them through from a de. troyed structure-lumber and brick, etc.-is taken when this bill is disposed of. and tred for the benefit of the Army or the forces of the United Mr. WARREN. We will try to arrange it in such way that State«, the owners are allowed pay for it. the Senate can consider what it will do with them. nut, l\Ir. President, I will not now go into the matter of the Mr. BATE. I understand, however, that they are not put off amount, preferring rather to put the reasons exactly as they purely for delay, but that in the church cases particularly which exist with the committee-i. e., that the claim was excluded at have been spoken of there has been some arrangement made by this time as one of a class, all of which were excluded. I appeal which they will be entertained by the committee. to the Senator from Georgia to withdraw the amendment at Mr. WARREN. They certainly will not, by the committee, this time and permit the claim to be considered with a great be kept away from the consideration of the Senate. The com many others of the same kind. mittee will cooperate with Senators to bring all the facts before I wish to say to the Senator that the Committee on Claims the Senate for such disposition as it may see fit to make of this has presented to Congre.~ s, and Congress has kindly consented class of claims. to send down very nearly all the claims of churches that Mr. BATE. I simply do not want to see any invidious dis have been presented, and they are now before the Court of tinctions made. I am willing to submit to that rule, if it is Claims. The court has but just commenced their consideration. thought best, but I do not want any invidious distinction made, '.rhis bill contains the findings of the court in a few cases. The and I desire to come in with the claims in which I am interested committee files show the reports of quite a number more that if there is any chance to secure their adoption. are situated exactly as this one is situated, and hence not in Mr. WARREN. I want to say, and Senators I believe will Chlded in the pending measure. But the larger part of the appreciate my situation, that the refusals on my part and on church claims are yet unconsidered before the court the part of other members of the committee to include this So this claim, "if it does not go into the pending bill, is in class of claims have been very numerous. Since sitting here nowise prejudiced or put out of court, if I may use that ex this morning waiting for the recognition of the Chair, I have pression. It is simply not included at the present time because probably had twenty or more cards sent me from those outside we are considering another class of claims. who represent claims of this nature, and should I not now resist Mr. CLAY. The merits of the claim will not be affected in all amendments of this kind, I should feel that I had wronged any way by the passage of this measure, and it is simply con perhaps a hundred-yes, and probably more than that number sidered in a class that is rejected on the fourth ground set of those who have asked the insertion of similar claims in the forth in the report of the findings of the Court of Claims-on pending bill. the ground that there was negligence? · I hope such amendments will not be pressed. Mr. WARREN. It is even better than that These claims Mr. TELLER. Mr. President, I have on my table several of are not rejected. They are simply not included in the present these claims (I am told by the Senator from Arkansas that such bill. It will not in any manner, in my judgment, inure to the claims involve a very large sum) where the court has found the injury of the bill. fact of the loyalty of the claimants and where an appropriation Mr. BACON. I wish to ask the Senator one question in by the Government would be proper, but have left to Congress order that it may be made clear. I understand, then, there is the question whether there were such laches as under the act no other claim standing in this exact class which is included in of 1878 excluded them. I have two or three cases in which it the bill? seems. to me there can not be any question that the laches was l\Ir. WARREN. I know of no other one, and if my attention excusable. I .kl;low, having been on the Committee on Claims should be drawn to one of that kind, I would ask to have it a long time, the difficulty the chairman has with these claims. stricken out. What is the amount involved in the bill, I will ask the Sen- Mr. BACON. '.rhere are a large number of others in the same ator from Wyoming? · class which are likewise excluded from the bill on the same Mr. WARREN. Including the amendments already adopted ground? the number of claimants will reach above 1,700, and the amount Mr. W A.RREN. Exactly so, and without any prejudice to of the bill will . reach possibly twenty-eight hundred thousand such claims. dollars in direct appropriations, and there are in addition some Mr. BERRY. Just one moment, l\Ir. President I have two ·not large matters to be sent to the Court of Claims for adju claims which I have been very an..""rious to get into the bill. One dication. is in favor of Joel G. Higgins, administrator of Richard Hig I will say to the Senator from Colorado that personally I gins, deceased, and the other is in behalf of Annie F. Polk, would be glad to see a bill twice as large go through, in order Susan Keesee, and others. They are in this same class, where to more nearly clear the files of deserving claims, but I think · the court find that there was- no excuse for the delay. If the Senator will agree with me that it is inexpedient to enlarge claims of this class are to be incfuded in the bill, I will offer an the present measure and also inexpedient to try out at this time amendment embracing these two claims, which I am very anx the cases of complete or partial laches. ious to have paid, and I hope the Senator from Wyoming .will 1\fr. TELLER. I did not intend to embarrass the Senator by a~ree to let them go ·in. offering any amendments. I only wanted to excuse myself to a ~The Senator from Wyoming says the committee has excluded constituent or two of mine who will wonder why I did not suc all claims of that class, and that none of them are in· the bill. ceed in getting their claims on aft~r the court had said they I very much regret that he did not put all of them in the bill, were entitled to the amount. But I can see very readily that it because it seems to me. they ought to be paid. The findings in we went to work at this short session of Congress and put on these hro cases have been here for three or four years. The some claims which would raise a question that might be de court find that the parties are entitled to the money, but they bated elsewhere very extensively we might jeopardize the bill. say that no excuse has been shown for the delay in the prosecu I have felt for many years that these claims unpaid and un tion of the claims. Of course, if that entire class of claims is settled have been rather disgraceful to this nation. We have ruled out, I am helpless, although I would be very glad indeed to gone about their examinatio~ with .all the care possible; com see them all put in the bill. mittee after committee has taken testimony; and we have Mr. B.ACON. As l understand the Senator from Wyoming, it reported them here . to the Senate again and again, and they simply defers their consideration until a later day? are tied up until the people who are entitled to the money die. Mr. BERRY. Certainly. Frequently the heirs die before the money comes, and then it :Mr. W AUREN. Certainly. goes to collateral belrs, if it is ever paid at all. I would be l\Ir. BA'.rE. Mr. President, I understand from the Senator the last person to throw any obstacle in the way of the speedy from Wyoming that there are a good many cases on a footing passage of this bill, which I believe justice-! will say more with that presented by the Senator from Georgia. 5}.ecency-on the part of this Government demands should b~ . Mr. W .ARREN. Just so. passed. 556 CONGRESSIONAL RECORD-SENATE. J ANU .ARY 9,
Mr. WARREN. 1\Ir. President, just a word. I will say for I The amendment as amended was agreed to, as follows : tlle encouragement of those who are interested in claims that Page 1, strike out all after line 9 down to ·and including llp.e 14, arc not included here that this bill includes more of the Bow . pa.ge 30, and insert : · man and 'fucker Act findings than any bill, with one exception. u ALABAMA. that has e\er passed-something like fourteen hundred thou "To Thomas M. Hobbs, of Limestone County, $7,662. " To. B. W. Hewitt, administrator of Dr. V. Burrow,. deceased, ot sand dollars nearly fi\e times as much as the House expressed Lauderdale County, . 667. a willingness to pass at the time it considered this bill. "To. Jesse Keys, of Madison County, $623. l\lr. SI.MMOXS. Mr. President, I have in my hand the find "To H. B. Lansden, administrator of Martha W. Lansden, deceased, of Marshall County, $448. ings of the Court of Claims in reference to a case which I "To John J. Turrentine, administrator of the estate of Andrew Mc- imagine fall witbin the category mentioned by the Senator a Williams, deceased, of Limestone County, $860. few moments ago. "To William A. Walker, of Colbert County, $330. "To John S. Watkins, of Lauderdale County, ~1,534. It i a claim in favor of 0. H. Perry, administrator of George "'.ro H. S. Watters, administrator of the estate of Claiborn C. Wat 'W. Perry, deceased. As I understand, the court has found and ters, deceased, of Cherokee County, $440. a
"To Richard A. Urquhart, of Banta. ·Clara County, '$116.m~. ~·To J'. "'B. Hutcheson, administrator of Furney Hutcheson, deceased, "To l\Ioses A. Lane, of San Francisco County, $1,171.09. of Clayton .County, 1,227- "To Joseph Wilson, of San F.rancisco County, $776.17. " To Rosanna Griffin, of Floyd County, $591. "~·o Thomas S. Phelps, of .A,Iameda County, $597.54. "To William N. McConnell, of Clayton County, $3,381. "To Robert A. Williams, of Monterey County, ~686.90. · " To S. A. llaw'lins and B. H. Jackson. administrators of James Jack " To Clmrles A. Davis, son and next of kin of George L. Davis, de son, deceased, of Wilkinson County, 1,325. ceased, $146.02. "To Edward Crusselle, administrator and heir at law of the estate a COLOllADO. of Thomas G. W. Crusselle, deceased, of Atlanta. $4,020. "To Sarah J. Bonner, administl·atrix of Thomas Bonner, sr., de " To William l\1. Nickerson, of Arapahoe County, 90.41. ceased, of Carroll County, $1,920. " To Edward M. Stedman, of Gilpin County, $124.99. "To Thomas J. Mansfield, administrator of Patrick 1\Iam;field, de- "To Erastus S. Joslyn, of Colorado ·springs, El Paso County, $1,500. cen.sed, of Bartow County, $921. a CO:Xx'ECTICUT. "To John H. Bray, of Gordon County, $776. " To Caroline Swan, Mary E. Pritchard, Seymour Swan, and .Carrie " To William R. Dubose, $98.08. R. :Uoody, sole heirs of Travers Swan, deceased, of Bridgeport, Fair " To A. L. 'Millican, administrator of the estate of Andrew Millican, field County, ~ 1,606.40. deceased, of Chattooga County, $754. " To Francis W. Dickens, $69.04. "ILLI~OIS. "•ro Charles E. Hawkins, of Middlesex County, $46.46. "To Joseph E. Dyas, administrator of the estate of Jonathan Young, "To John Lowe, of Fairfield County, 107.39. deceased, $1,278.2G. " To Alexander 1\In.ck, of New London County, $184.93. "'To Nannie M. Kimberly, executrix of the estate of Lewis A. Kim- "To Oscar F. Stanton, of New London County, $606.64. berly, deceased, $1,597.47. "To Lawrence l'I.I. Bowers, executor of the estate of Edward C. Bow "To Herman Hansen, of Cook County, 131.50. ers, deceased, 843.31. "To Charles B. T. Moore, of Macon Countv, 74.52. " ~l'o Hemy .M. Cleveland, administrator of the estate of Louis Kings- ley, (J eceased, 40.02. "To Peter H. Smith, of Cook County, $142.19. "~'o ·Martha W. Boswell, administratrix of the estate of James W. "To Annie C. Collier, widow of Thomas S. Collier, deceased, $196.72. Carlin, decen.sed, 253.15. "To Henry T. Skelding, of New London County, 369.32. "To John C. Irvine, 12.05. "To Walter K. Scofield, of Fairfield County, $590.96. "To 'Bertrand D. Ridgeway, executor of Lindsay Ridgeway, de "•ro Grace T. Arms, executrix of Frank H. Arms, deceased, :$1,256.51. ceased, of Sangamon County, $1,650. "To A. S. Oberly, $198.74. "To Helen M. Bassett, widow of F. S. Bassett, of Cook County, u DEL.!. WAnE. $85.48. " •ro William R. and Paul R. Knight, sons of James S. Knight, de " To Charles W. Adams, $819.75. ceased, $1,030.52. u L\Dll...~A. "~·o Jane Robinett, widow of David Robinett, deceased, $805.39. "To Charles A. Schmitz, son of Charles F. Schmitz, deceased, a DISTRICT OF COLUMBIA. $573.15. " To Philip M. :Suckey, administrator of Philip J. Buckey, deceased, "'fo Charles A. Schmitz, $406.58. $2,246. "To William Wilkins Carr, administrator of the estate of Overton " To J\lary E. 0. Dashiell, $810. Carr, deceased, $300.87. "To William A. Gordon, administrator of William D. C. Murdock, " To Mary E. Pritchett, administratrix of Jn.mes M. Pritchett, de- deceased, $47,424.50. ceased, 511.66. "~· o Anne C. Livingston, $1,691. "To Mary Fitch, administratrix of Leroy Fitch, deceased $36.75. "To Mary S. Cheney, widow of William Cheney, decen.sed, $608.77. "To Nellie F. O'Kane, widow of James O'Kane, deceased' $65.75. "To Julia W. Dickenson, widow of Hallowell Dickenson, deceased, "To John S. Neal, of the city of Indianapolis, $2,700. ' $611.7G. · u IXDIAN TERRITORY. "To I1'lorence .A. R. Judd, executrix of the estate of Somerset Robin son, deceased, 262.36. "To Edmund McKenna. administrator of Jackson Foster, deceased, . "To Antoinette Stewart, widow of Thomas Stewart, deceased, of Choctaw Nation, near Fort Smith, Ark., $2,367. $4:56.10. u IOWA.. "~·o Vincendon L. Cottman. ~162.47 . "To J. M. Bowyer, $13G.67. "'l'o Walter -c. Cowles, 48.:!::!. "To Sophia A. Wight, widow of Danforth P. Wight, deceased, $85.48. " •.ro William H. Drigg-s, $340. 2. " To Arthur H. Fletc'her, 5::!49.86. u KEXTlJCKY. "'ro George Fouse, 508.6;:>. :: ~o li rederick De~ien, of. _Kenton County, $1,213. "To Samuel Gee, 976.98.' 'lo George W. Fnth, admxmstrator of Thomas I. Frith deceased of "To Edwin S. Houston, lr.i.5.33. llockcastle County, $280. ' ' " 'l'o Eugene H. C. Leutze, $41.22. "To Sn.muel Berry, of Nicholas County, $732. "'ro Charles M. McCarteney, '77.80.• "To John J . Saunders, administrator of Henry S. Saunders de- " ~·o Frederick A. Miller. $443.G3. ceased, of Jefferson Connty, $160. ' " To Francis S. Nash, $20;).48. :: ;ro James E. Hal~, of Clark County, $548. "To Robert B. B.odney, $135. 8. To Arthur B. Wilson, administrator of R. H. Wilson deceased of "To George \V. Sensner, '31:!.33. Jefferson County, 375. ' ' "To John 8. Sinclnir, $58.50. "To James E. Gardner, $667.12. " To Edmund B. Underwood. ' 99.45. "To John H. Rowland, of Breckinridge County $438 10 "To Thomas P. Venable, 56.50. "To Frank C. Cosby, 593.27. ' · · "To 'Mary F. Choate, widow of Isaac ·r. Choate, deceased, $91:20. "To John H. Rowland, • 235.27. " To Eliza B. Dorrance, widow of George W. Dorrance, deceased, "To Sallie H. Grundy, executrix of the estate of Samuel R Grundy $997A6. deceased, of Washington County, $1,444.97. · ' •; 'lo Susanna E. Dunn, administratrix af the estate of George Dunn, " !'o James Garnett, trustee of the Baptist Church of Columbia decen sed . $278.90. Adair Count-y, $780. · ' "'J'o Richard Wallach, son of Cuthbert P. Wallach, deceased, $427.11. " To Thomas Adkins, administrator of David Adkins, deceased, of "To A. E. K. Benham, 3:>2.72. Whitley County, $1,048. "To William T. Hord, $78.3\3. u LOUISIANA. " ~'o Aaron K. Hughes, 1,334..03. "To J. J. 1\!etoy.er, adminis.trator of the estate of F. Azenor Metoyer " To };'rancis M. Gunnell, 33.84. deceased, of Natchitoches Parish, . 104. ' "To Philip J. Miller, son of Philip J. ~liller, deceased, $42.10. '.' To Matilda M. Fairex, administratrix ·of the estate of Daniel "To Bvalinc V. Ferguson, widow of William J . Ferguson, $138.62. Fatrex, deceased, of the city of New Orleans, $22 640 " •ro William A. Cooper, 50.41. ".To Hannah N. Jones, widow of R. Clarendon' Jones deceased " To Francis E. Mack, son of Eugene Mack, deceased, $281.65. 1,761.39. ' ' "To Joseph Smith, $57.03. "'fo Cornelius Donato, administrator of Auguste Donato deceased, " To the Emory Methodist Episcopal Chnrch South, of Brightwood, of St. Landry Parish, 12,570. ' $4,700. " 'l'o the Methodist Episcopal {;burch, Washington district, Balti " To Thomas Peyroux, administrator of Edward Barrett deceased, more conference, 1,325. $122.30. . ' "To Mary J. Carpenter, administratrix of the estate <>.f Benjamin :; To Samue.l .B. P,atterson, of Or!e~ns Parish, $165. To the C1hzens Bank of Loms1ann., of the city of New Orleans D. Carpenter, deceased, 1,253. 215,820.89. ' u FLORIDA. (( .IUAI:!'."E. " To William H. Holden, of Orange County-I $2,500. "To James H. Bull, of Monroe County, $1~:>5.20. "To Joseph E. Bradford and others, heirs of Joseph c. Bradford, "To Willin.m H. Stewart, of Volusia County, $2,058.92. deceased, $619.14.. "To Emma Thomas, widow of Robert G. Thomas, deceased, $268.74. "•.ro Mary S. Craven, widow of Charles H. Craven deceased $745 21 "'fo Nannie S. Cushman, widow of Charles H. Cushman 'deceas.ed' a GEORGIA. $400. , , "To Ella Adn.mson, administratrix of the estate of Frederlck Read, "To Susan Fassett, ~idow of Thomas 0. Fassett, deceased $436.90 decensed. of Clayton County, 1,695. "To Nathan H. Junkins, of York County, $460.53. ' · " To Ellen Bray and Bridget Wetcher, heirs of the estate of Jn.mes "To Charles E. Tallman, of Sagadahoc County, 11615 Jennings, deceased, of Gordon County, $316. "To Annie E. Deering, widow of George A. Deering, deceased, $738.90. "To Pjnkney Daniel and Josephine Berry, sole heirs of Mary Dee , "To Kate W. Ingraham, daughter of Samuel La1·kin deceased $78 20 decea::;ed, of Chattooga County, $150. "To
"To Charles W. Holiman, executor of William C. Hoffman, deceased, "To Clara H. Daniels, widow of David Daniels, deceased, $94.79. of Frederick County, $2,845. "To Addie R. Gallagher, widow of Lawrence B. Gallagher, deceased, " To EJuromus H. Hoffman, administrator of the estate of Susan $228.10. Hoffman, deceased, of Washington County, 245. ·• To Charles n. Hadley, executor of the estate of David Bruce, de ''To John C. Middlekauff, administrator of John J. Middlekauff, de ceased, $1,889.42. ceased, of Washington County, $618. " To Annette M. Ilenderson, widow of Moses K. Henderson, de " To Andt·ew H. Reinhart, of Frederick County. $434. ceased, 134.55. "To Lewis W. Riddlemoser and Marion F. Riddlemoser, sole heirs of "To Elizabeth D. Marthon, administratrix of the estate of Joseph Ephraim Rlddlemoser, deceased, of Frederick County, $127. Marthon, $222.47. - " To G. Finley Smith, administrator of the estate of David Smith, de "To Annie D. Rundlett, widow of Howard M. Rundlett, deceased, ceased, of Washington County, 1,974. $196.62. "To William S. 'rildon, of Harford County, $330. "To Francis II. Swan, of Suffolk County, $1,267.95. "'l'o Kirby Wade and lames Snyder, executors of the estate of Wil " To Florence H. Turner, daughter, and William H. Davis, son, of liam Wade, deceased, of Washington County, $1,124. Henry Davis, deceased, $274.25. "To Julia Walsh, administratrix of the estate of Murtha Walsh, de " To Frederick W. Crocker, of Suffolk County, $1,038.90. ceased, of Washington County, $100. "To Frank W. Nichols, of Suffolk County $134.78. "To Oliver· l'eacher. administrator of John reacher, deceased, of "'l'o Stephen P. Quackenbush, of Suffolk County, $1,953.42. Washington County, $530. "To John A. Shearman, of Sui!olk County, $109.59. ·• 'l'o Eugene L. Derr, administrator of the estate of John Derr, de· "To the Globe Works, of the city of Boston, 81,913.76. ceased, of Frederick County, $1,119. " To Francis H. Swan, 233.84. ·• To Henry Young, of Montgomery County, $1,990. "•.ro W. W. Low, son of W. W. Low, deceased, 2,366.37. "To Christian Smith, of Washington County, $616. "To Henry C. Keene, of Suffolk County, $188.10. "To Jennie E. Haller, administratrix of Samuel M. Haller, deceased, " To Francis H. Delano, $404.38. 1 of the city of Cumberland, $425. ' To A. N. Stocker, widow of Henry T. Stocker, deceased, $328.20. "To John W. George, administrator of John Wineow, deceased, of "To Alice E. Whitmarsh, daughter of Zachariah Whitmarsh, de- Allegany County, $412. ceased, 39.55. "To R. G. Joboson, administrator of Washington Stope, deceased, "To J. B. Murdock, $86.02. of Frederick County, $352. " To Cromwell G. Macy, nephew of Thomas M. Gardner, $543.26. "To Josephus E. Harley, administrator de bonis non of Otho F. "To :b'rank A. Burbeck, administrator of Christopher :Jordan, de- llarley, deceased, of Frederick County, $654. ceased, $2,011.40. . " To Leonora Cline, executrix, and Hugh Jacob George Cline, execu "'l'o Sarah A. Wyckof, widow of John Wyckof, deceased, $434.14. tor, of the estate of ihe late Hugh H. Cline, deceased, $376.44. "To William H. Rush, $212.87. ;
"To E. L. Brien, administrator of the estate of Ann Lum, deceased, ''To William P. :McCann, of Westcbestel' County, $1,268.49. of tbe- city of Vicksburg, $7,200. "To John McGowan, of Dutchess County, $254.54. "To J:unes D. Adams, $27[}.3~. "'To Alfred T. Mahan, of New York County, $143.56. "To Mary S. Sh·ube, administruh·ix of the estate of P. B. Sawyer, "'To Dennis H. :Mahan, $490.96. deceased of Marshall Connty, 976. "'To Charles Miller, of Nassau County, $19.66. " 'To Della Sinnott and Adine Price, of Panola County, $1,330. "To Jerome E. l\iorse, of Kings County, $226.85. "To John W. pratley, of Warren County, '4,255. "To John Quevedo, of Queens County, $238. "To EJ. J. Marett, administrator of William B. West, deceased, of " To Arthur B. Speyers, $43.56. Marshall County, 2JO. " To Henry Stewart, of Ontario County, $.121.29. "To James Kizer, administrntor of the estnte of R. ·M. Glover, de "To Thomas H. Streets, of Kings County, $116.71. ceast>d, of Marshall · County, l ,061. u To Daniel D. V. Stuart, $694.80. •· To B. E. Gray, administrator of the estate of Mrs. S. M. Davidson, "To Zera L. Tanner, of Wyoming County, $275.21. deceu ed, of Marhall Connty, 2,370. "To John C. Thompson, of Kings County, $299.73. · "To Samuel Worthington, administrator of the- estate of Samuel "To James E. Tolfree, of New York County, $1,866.16. .Worthington, deceased, $18,835. "To Richard H. Townley, of New York County, $46.57 • u MISS.OURI. "'l'o Henry M. Wells, of New York County, 693.25. "To 'l'ruman B. White, of Kings County, $98.31. "To Henry Damm, jr., administrator of Henry Damm, sr., deceased, "To Roscoe V. Wickes, of Kings Connty, $657.80. of Benton County, 493. "To Charles Wilson, of Kings County, 497.62. "To Julia Ann Faught, William T. Shir.rod, Leander K. Shirrod, "To George B. Abbott, administrator of the estate of Alexander Susan G. Wright, Louisa J. Wheeler, and Robert K. Shirrod, of Dade Mcintosh, deceased, .,1,645.45. County, $540. "To Clara M. Bridge, executrix of the estate of Edward W. Bridge, "To Colly B. Holiand, of Bates County, 3,075 deceased. $238.91. " To Edwin T. Hill, admini trator of Leroy L. Hill, deceased, of " To E. D. Hill, executor of the estate of John C. Chavalier, de Pettis County, $6,735. ceased, 755.34. •· To the heirs a.nd legal representatives of John W. Hancock, de "To Robert L. Meade, brother of Henry M. Meade, deceased, $4~7.60. ceased, of Iron County, $1,160. "To Maria W. P. Randle, daughter of 'Thomas Pattison, deceased, "To L. D. Moneymaker, administrator of Charles Drennan, deceased, $3,26 .48. of Phelps County, $510. "'To Henrietta L. Stevenson, widow of John H. Stevenson, deceased, "'l'o Oriel Sebree, $51.73. $1,044.26. - "To William W. Wheeler, of the city of St. Louis, $16,087. "To Kate F. Timmerman, administratrix of the estate of George H. "To Thomas G. Johnson, of Wayne County, $200. Cooper, deceased. $105.76. "To John Schuman, administrator de bonis non of the estate of Au "To Rosalie M. Van Duyne, daughter of Richard Van Voorhis, de gust Schuman, deceased, of Bates County, 3!')5. ceased, $251.35. " To William A. Carr, of Stone County, 1,200. "To Catherine S. Van IIovenbPrg, administratrix of the estate of "To Charles B. Stark, assignee of Joseph C. Stark, deceased, of the John Van Hovenberg, deceased, $631.24. city of St. Louis, $1, 51. "To Andrew R. Wentworth, administrator of the estate of John "To the estate of Joseph Engle, deceased, of Dallas County, $232, to Birdsall, deceased, $513.43. , . be paid to the person authorized by the probate court of Dallas County. "To H. F. Woods, executor of the estate of George W. Woods, de Mo., m1der the laws of the State of Missouri, to receive the s:une; and ceased, 82.24. so much of the act of May 27, 1902 ( 32 Stat. L., p. 212), as authorized "To Lawrence W. Allibone, brother of Cliarles 0. Allibone, deceased, the payment of $232 to the said Joseph Engle is hereby repealed. $139.18. u ~TEVADA. "To Lizzie M. Barnard, widow of Warren Bm:nard, deceaserl, $699.17. "•ro Constance Louise Batione, administratrix of the estate of Domi " 'To Almira C. Bashford, widow of A. P. Bashford, decea:;ed. $48.22. nick B. Batione, deceased, 1;1<37.12. " To Ma-rgaret A. Brush, widow ot George R. Brush, ·deceased, "To Edward D. Sweeney, of Carson City, Ormsby County, $11,786.65. $767.75. • " To Annie Freeman, widow of Charles C. Freeman, deceased, 585.20. u XEW HAMPSHIRE. "To Elizabeth A. Gardner, widow of John W. Gardner, deceased, "'l'o Carlos G. Calkins, of Rockingham County, $151.23. 3'05.75. "'l'o John H. Clark, of Hillsboro County, 366.46. " .To Josephine C. Haskins, sister of George S. Haskins, deceased, !' 'l'o James M. Forsyth, of Merrimack County, lS34S.42. $305.75. " 'l'o Arthur C. lleffinger, of Rockingham County, $85.48. • •.ro Edith B. Goebel, neice of Chester Hatfield, decea"Sed, 899.09. "To Eva II. Win aate, widow of George E. Wingate, deceased, $207.94. "To Mary L. Hawley, widow of Charles E. Hawley, de~ased, "To Elizabeth Baker, widow of Francis H. Baker, deceased, 134.34. $2,292.42. . "To Harriet W. Potter, widow of Frederick E. Potter, deceased, " To Florence A. R. Judd, committee of Chades- H. Judd. $416.39. $914.13. "To Helen F. Lasher, widow of Oren E. Lasher, $123.29. "To Samuel S. Whitehouse, adminish·ator of the estate of S. N. "To Bessie C. Parker, daughter of Ralph Chandler, de~eased, Wbitt>h onse, decel:lsed, 387.16. $3,087.67. · "'To Susan Woodman and Mary P. Woodman, executrices of Ed " 'I'o H. De B. Parsons, administrator of the estate of George B. Liv- ward Woodman, deceased, $337.54. inaston, deceased, 3-87.94:. . . •· 'l'o Annie H. Eastman, widow of Thomas H. Eastman, deceased, '1. To Harry C. Robertson, administrator of the estate of Jonos Dib $1,1 5 ~.06. ble, deceased, $82.64-. "'To Hamilton IIutcbins, $21.3-7. " To William L. Stephens, grandson of Jacob Stephens, deceased, " To Angie D. Smith, executrix of Daniel A. Smith, deceased, $874.14. $1,Hu.30. " To Kate E. Lloyd and Ella M. Thompson, daughters of Egbert u NEW JETISEY. Thompson, deceased, 177.20. . .. "To S:unuel P. Comly, 63.01. "To Sarah Waugh, widow of Edward J. Waugh, deceased, $288.48. "To li'rank Holler, of Ocean County, $2,618.37. "To Su an D. Yates, widow of Arthur R. Yates, deceased, $483.43. " To George W. Mentz, $28.49. "To William S. Dana, $6 0.55. " 'l'o William Watts, of Morris County, $80.58. " To Frederick Elliott, 556.04. "To Edwin White, of Mercer County, $98.63.. . . "To William W. Williams, $541.53. " To Ella S. Humt)hreys, executrix o:f the estate of C. F. Humphreys, " To Annie A. Haxtun, execuh·ix of Milton Haxtun, deceased, of New decea ed, 591.06. York County, $42.64. "To Charles F. Hugg, brother, and Mary H. Hooton, sister, of " 'l'o Conway H. Arnold, $666.30. Joseph Hugg, deceased, $835.10. "'l'o Nelson T. Houston, $314.07. •· To Catherine T. R. Mathews, widow of John R. Mathews, de· "To George T. Douglass, of Kings County, $76.29. ceased, $758.64. "To Mary A. McCarty, widow of Stephen A. .McCarty,· deceased, •· To Melissa C. Setley, administratrix of the estate of Harry Setley, $143.78. decNlsed, 1,913.06. "'l'o Phoebe A. Hardy, sister of De Witt Clinton Kells, deceased, "To Edward M. Wood, administrator of John De C:unp, deceased, $77.81. $1,!')-!7 .79. "To Anna L. Coghlan, administratrix of the estate of Jasper Cogh- .. To Isabella Jauretche, Rose Jauretche, and Blanche Ja.uretche, lan, deceased, $735.31. . heirs at law of L. C. Sartori, deceased, $173.75. "To Charles Martin, of New York County, $623.54. " To Eleanor Sil·ian, widow of George Sirian, deceased, $281.62. " To Emma M. Clark, adminish·atrix of Ambrose J. Clark, and Wal· "To John J. Read, of Burlington County, $287.13. lace S. Clark, administratot•, of Schenectady County, $459.65. . "To Adele W. Elmer, widow of Horace Elmer, deceased, ~451.70. "'l'o John A. B. Smith, 475.60. " To Harvey E. Macconn, widow of· Robert T. Macconn, deceased, "'l'o Walter McLean, $18.08. $51.02. " To Herbert M. Griffiths, $422..27. "To Josephine Q. Carpenter and Anna L. Q. Hayes-, daughters of '' NEW li!E:XICO. John N. Quackenbush, deceased, $168.68. " To Solomon J. Spiegelberg, Emanuel Spiegelberg, and Levi Spiegel "To Alex G. Brinckerhotl', administrator of Isaac Brinckerhotl', de berg, partners under the firm name of Spiegelberg Brothers, $19,041.09. ceased, $325.38. ttNEW YORK. " To Francis E. Hunt and Alice M. Hun , heirs at law of George " To Frank Anderson, $190.69. P. Hunt, deceased, $85.64. " To Nicholas Anderson, $35. "To Hannah Cooper, widow of James M. Cooper, deceased, $541.80. "To Conway H. Arnold, of New York County, $79.72. "To John E. Roller, $400.28. "To Joseph G. Ayers, of Westchester County, $250.96. "To Marion r,. Thompson, widow of August F. Thompson, deceased, "To H. John Babin, of Kings County, $248.60. $136.80. "To Edward B. Barry, $137.26. " To Peter O'Conner, $153.46. " To Henry G. Beyer, $169.31. "To Elizabeth D. Marthon, administratrix of Joseph Marthon, de· "'l'o Delavan Bloodgood, of Kings County, $910.83. ceased, $1,322.74. . "To John J. Byrne, of Kings County, $29.59. · "To Arthur Burtis, $1,435.86. " 'l'o Daniel Delehanty, $714.53. "To Fidelia S. Prindle, widow (remarried) of George L. Mead, de- "To George R .. Durand, of Erie County, $731.20. ceased, $281.06. "To Bradley A. Fiske, of New York County, $162.74. "'To Charles Miller, of ~assau County, $17.76. "To William C. Gibson, of Kings County, $32.48. " To Andrew Dunlap, $557.80. • . "To James H. Gillis, of Delaware County, $2,369.86. " To Willlam B. Mann, $183.49. · "To George Glass, of New York County, $491.50. "To John H. Cahoone and Charles G. Cahoone, heirs at law of Ben "'l.'o J:unes G. Green, of New York County, $939.58. jamin J. Cahoone, deceased, $1,140.76. ~·To William G. Hannum, of Queens County..! 177.53. " To John Dennett, of New York County, $234.24. "To Andrew Harman, of Kings County, $10u.27. "'To Mary F. Coons, administratrix of John West, deceased, of "To Nelson T. Houston, of New York County, $687.67. Klngs County, $915.10. "To A~ J. Kenney, of Kings County, $69:t17. "•ro the Allaire Works, of the city of New York, $50,271.67, payment CONGRESSIONAL RECORD-SENATE. 560 a. - • • JANUARY 9, :
to be made to Ephraim Miller, president, and no part thereof to any "To Allee H. Baughman, widow of George E. Baughman, deceased, other person. 1$201.36. - "'l'o Edwnrd J. Gallagller, administrator of the estate of Charles " To Ellen V. Hines, administt·atrix of the estate of Samuel D. Hlnes, Gallagher, deceased, of the city of New York, $!>,876.39. deceased, $398.90. "To 'l'heodore Kitchen, sole surviving eucutor of the estate of John u NORTH CAROLINA. S. Kitchen, deceased, $92.65. " To Nancy C. Bell (n~e Hill), executrix of the estate of Isaac S. " To Elizabeth I. Lowber, widow of William Lowber, deceased, Hill, deceased, of Carteret County, $1,831. $376.88. . "To Duncan Darroch, administrator of Dani~l Darroch, deceased, "To Mary E. Mc~Iaster, administratrix ot the estate of James Me-. of Cumbel'land County, $261. Master, deceased, $404.99. "To Thomas F. · McCarthy, administrator of Henry Covert, deceased, " To Sarah A. McMurtrie, widow of Daniel McMurtrie, deceased, of Craven County, $378. $789.47. "To Reuben Jones, administrator of Theophilus Weaver, deceased, "To John A. Geissinger, administrator of the estate of William H. of Harnett County, $550. . Jones, deceased, $818.63. "'l'o John W. Snipes, administrator of Arthur Pierce, deceased, of "'L'o Amelia A. Grim, sister, and WUliam Robertson, brother, ot Johnson County, $366. James P. Robertson, deceased, $731.72. "'l'o Benjamin ·L. Bryan, of Jones County, $517. " 'l'o Oceana B. Irwin, widow of John Irwin, deceased, $1. 728.15. "To George R. Watkins, of Mitchell County, $1,096.19. " To S. Kingston McCay, sm·viving executor of the estate of Reigart "To John I. Row1and, of Beaufort County, $420. B. Lowry, deceased, $389.04. _ '! 'l'o the Seamen's Friend Society, of Wilmington, $1,2o6. " To Caroline F. Mcilvaine, widow of Bloomfield Mcilvaine, de · " To Nelson M. Ferebee, $84.38. ceased, $37.65. "To the wardens and vestry of Saint James Parish, of the city of "To Fr·ances 1\I. McShane, granddaughter of Stephen Young, de Wilmington, $3,113. · ceased, $380.27. u OHIO. ' "'l'o Dallas Sanders, administrator of the estate of Cary N. Sanders, "To Lyman Arms, of Franklin County, $218.63. deceased, $623.14. . "To T. W. Benham, of Lucas County, $305.26. " To Mary A. Tompkins, administratrix of the estate of William G. , "To George E. Ide, $745.04. Tompkins, "'501.23. . " 'l'o Robert E . Impey, 231.23. " To Benjamin S. Mackie, of Philadelphia County, $161.64 . • " 'l'o Merrill Miller, $298.08. "To George W. Omensetter, 1G0.41. "To L. D. Cabaune, executor of the estate of George Talcott, de- "'l'o Joseph G. Thomas, of El'ie County, $332.50. ceased, $61.26. . "'l'o Joseph A. Smith, of Philadelphia County, • 1,063.01. "To Joseph Fyffe, $835.61. . . "To Albert C. Engard, of Philadelphia County, $633.97. · "To Alfred L. -McDaniel, executor of the estate of Charles A. " To George A. Lyon, $421.96. ?)fcDa..uiel, deceased, $715.62. . "To .Joseph Smith, $60.82. ··• 'l'o Frank R. Saiter, administrator of the estate of Byron Wilson, "'fo Theodore M. Etting, of Philadelphia County, $248.77. decensed, $495.90. "To William Little, of .Allegheny Countv, $552.09. " To Winslow Allderdice, $83.84. " To David 0. Lewis, $34G.30. • "To Albert I. Smith, administrator of Samuel L. Wilson, deceased, "To Fidelity Trust Company, administrator of Francis G. Dallas, $79G.71. · . deceased. of Philadelphia County, $101.50. "'l'o J. P. Andre Mottu, administrator of John C. Burnett, deceased, " To Edward H. Gheen, $577.54. $172.11. - . . "ToP. J. Horwitz, $56.44. "To Byron Wilson, $623.28. "To Robert L. :Meade, son of ll.ichard W. Meade, deceased, $1,16G.14. "'fo Edward Shippen, of Pbiladelphia·county, $630. "PEN::O.SYLVANIA.. " To Nicholas Mager, jr., executor of the estate of Nicholas Mager, "To 'l'imotby J . . Murphy, administrator of Chalkley Good, deceased, deceased, $527.05. late of Philadelphia County, $1,740. "To David M. Fulmer, $163.85. · ·• To John Q. Everson, last· surviving partnet• of the fu·m of Everson, "'l'o David B. Harmony, $36.71. Preston & Co., of Pittsburg, Allegheny County, $927.47. " To George M. Engle, son of Frederick Engle, deceased, $1,126.84. " To Mark W. Watson, last surviving partner of the firm of McCully "To the Real Estate Title Insurance and Trust Company of Phila- & Co., of Pittsburg, Allegheny County, $1,680.01. delphia, administrator of the estate of Charles Miller, deceased, $907.09. "'l'o John C. Graff, administrator of John Graff, deceased the last " 'l'o Linnaeus Fussell, $8 3.31. · surviving partner of the firm of Graff, Bennett & Co., of bttsburg, "To ~Iary Lowrie, heir and legatee of John Lowrie, deceased, $G06.36. Allegheny County, $;1:,313.10. . . "To George M . Book, $323.29. · ' "'l'o J. Stuart Brown and Henry G. Brown, only surviving partners "To Robert Potts, $164.92. of the firm of Brown & Co., of Pittsburg, Allegheny County, $2,727.90. " To N. El Mason, $581.92. "To James A. Chambers, executot· of Alexander Chambers, deceased, " 'l'o J. M. Emanuel, $461.92. the last surviving par~ners . of A. & D. H. Chambers, of Pittsburg, Al "To Cornelius Dugan, $2!l5.34. legheny County, $1,29.:>.75. "To Woodward Carter, $:>86.86. ·• To George A. Chalfant and Charles W. Spang, only surviving part "To N. II. Farquhar, $1,173.26. ners of the fit·m of Spang, Chalfant & Co., of Pittsburg, Allegheny "To Isaac G. Moale, administrator of WilUam N. Watmough, $ 44.R8. County, $1,736.55. I " To Nicholas Brice, brother of William H. Brice, deceased, of the "To John c. Porter, sole surviving partner of McKnight & Co., of I cifj, of Philadelphia, $473.49. Pittsburg, Allegheny County, $1,822.01. 'To John A. Trimble, administrator of George W. Ebert, deceased, of " 'l'o Charles H. Zug, sole surviving partner of Zug & Painter, of the city of Georgetown, $1,057.50. . Pittsburg, Allegheny County, $2,940.62. I u PHILIPPINE ISLANDS, "To Walter Chess, sole surviving partner of Chess, Smyth & Co., of Pittsburg, Allegheny County, $1,796.25. "'l'o John Corwine, of Manila, $69.86. 11 'l'o Wenman A. Lewis and James S. Lewis, executors of the estate u RHODE ISLAND. of · J ames C. Lewis, deceased, the last surviving partner of the firm of "To Charles W. Abbott, of Bl'istol County, $97. Lewis, Dalzel & Co., of Pittsburg, Allegheny County, $1,053. 79. · "'l'o Robert Robinson, of Newport County, $1,329.12. "To John S. Slagle and Edwin Miles, only surviving partners of the "'l'o Benjamin F. Tilley, 24 .77. firm of Shoenberger & Co., of Pittsburg, Allegheny County, $~,585.62. ·• 'l'o Jennie H. Clarke, administratrix de bonis non of the estate ot " 'l'o John Lippincott, sole surviving partner of the firm of Lippin Frank Clarke, deceased, $1,:.!00. cott & Co., of Pittsburg, Allegheny County, $98!>.36. ".'l'o Walter N. Sm.ilh, of Newport County, $659.18. "To William J. Moorhead, executor of the estate of James K. Moor "'l'o Cll:u:les W. Abbott, administrator de bonis non of J oel AJJbott, head deceased, the last surviving par;tner of the firm of Livingston, deceased, 779.18. Copeiand & Co., of Pittsbmg, Allegheny County, $1,046.37. " To ~eorge . R. Durand, $1,231. 78. .. 'l'o James B. J-'yon, sole surviving partner of the firm of J. B. Lyon & Co., of Pittsburg, Allegheny County, $543.13. " SOUTH CAROLINA. "To James H. Mitchell, sole surviving partner of the firm of Mitchell, " To Mariah L. Trowell, administratrix of the estate of Benjamin F. IIet·ron & Co., of Pittsburg, Allegheny County, $383. Trowell, deceased, of Beaufort County, 4,304. ·• To J ohn L. Boyd, sole surviving partner of the firm of Jones, Boyd & "To John S. Brigman, administrator of Thomas Brigman, deceased, Co., of Pittsburg-. Allegheny County,· $1,206.12. of llar·lboro County, $615. . "To Chester B. Albree, executor of the estate of Robert Albree, de "To Mrs. Sallie J. Adams, administratrix of Herbert Smith, deceased, ceased, the last surviving partner of the firm of Fahnestock, Albree of Marlboro County, $1,826. & Co., of Pittsburg, Allegheny Cotmty, $780.60. "'l'o Cecil C. Neil, 162.74. •· To William Varnum, sole surviving partner of the firm of Hail " 'l'o Arthu1· B. Hoff, administrator of Henry K. Hoff, deceased, man. Rahm & Co., of Pittsburg, Allegheny County, • 2,251.94. ~ 1,252.74. . . . "To D. W. C. Carroll, sole surviving partner of the firm of Carroll u TENNESSEE. ' & ,_nvder, of Pittsburg, Allegheny County, $237.50. " To IIugh P. Aikin, administrator of the estate of Hugh ll. Porter, "To ll'rank S. Bissell, sole surviving partner of the firm of Bissell & ! deceased, of Manry County, 1,912. Co., of Pittsburg, Allegheny County, $262.90. "'l'o A. G. Cadle, administrator of Mark Cadle, deceased, of Claibomc "To Daniel N. llertolette, of Berks County, $125.48. Connty, $579. "'l'o 'l'homas W. Bonsall. of Delaware County, $1 .33!1.33. "To John 'l'. Cunnyingham, of Coffee County, $220. "To James B. Butt, of Philadelphia County, $193.67. "'lo Frederickie Eberhart, administratrix of Jacob Eberhart, de "To Woodward Carter, of Philadelphia County, $96.44. ceased, of Davidson County, G 1, 00. · "To Charles E. Colahan, $503.01. "'To Eliza A. Duffield, of_McNairy County, $405. "To George W. Davis, of Philadelphia County, $618:62. "To J. S. Ladd, administrator of the estate of Thornton G. Ladd, "To 'l'homas A. Gill, of Philadelphia County, $178.09. deceased, of 'l'ipton County, $711. "To .John L. 'Hannum. of Philadelphia County, $44.38. " 'l'o Isaiah Standifer, of Claiborne County, 202. "To Robert P. Lisle, of Philadelphia County, $1,027.92. "'l'o R. W. Barton, of Weakley Connty, $219. "To Edwin Longnecker, $146.41. "To Thomas J. Cadle, administrator of Martin Cadle, deceased, of " To George H. Peters, $40. Claiborne County, $ 404. "To Abel F . Price, $145.75. " 'l'o John B. Bosley, administrator of Ailsey Bosley, deceased, ·of "'l'o B. Franklin Rogers, $299.4~ . Davidson County, $4,855. · " 'Io Richard Rush, '130.41. "'l'o F. W. Dove, adminlstt·ator of Christian Bashor, deceased, of "'l'o Alexander W. Russell, of Philadelphia County, $381.13. Wnshington County, $330. . · "To Chai-les A. Schetky, of Philadelphia County, $2,110.89. "To Lonisa 0. Wynne, Susan W. Wynne, and Mary M. Wynne, exec· "To Charles M. Thomas, $560. utrixes of Alfred R. Wynne, deceased, of Sumner County, $2,2o0. "To S. Stringh:}m Willett. of Philadelphia County, $1,027.71. "To the trustees· of the Cumberland Presbyterian Church at Char- "•ro William Winder, of Erie County, $1,069.31. lotte, Dickson County, $2,070. · "To H. C. Adams, administrator of the_estate of Henry A. Adams, "To George W. Branham, of Hamilton County, $326. • deceased, $1,106.85. "To Henry Craft, administrator of William D. Ferguson, deceased, " To Agloe Bache, widow of Albert D. Bache, deceased, $956.99. of Shelby County, $2,014. ' 1905. CONGRESSIONAL RECORD- SENATE. 561
"To Hermann Graef, of Perry County, $125. "VIRGINIA. " •.ro Gertrude A. Leftwich, widow of John Leftwich, deceased, of "To A. H. Baker, administrator of the estate of John '.C. Gray, de Wttyne County, $3,795. "'l'o Dorcas Elizabeth (otherwise Bettie) and Samuel McCammon, of ceased, of Nansemond County, $737. Knox County, $1,420. " To William E. Carhart, of Norfolk County, $865. "To James W. Vaughan, administrator of Turner Vaughan, deceased, "'l'o Levi M. Hummer, administrator of Benjamin A. Hummer, de of Wilson County, $1,665. _ ceased, of l!'airfax County, $475. "To R. A. Wood, sole heir of Eliza Wood, deceased, of Suillvan "To John, Richard, Philip, and Simon Mayer, of Dinwiddie County, County, $100. $673. "To Nathan H. Whitlow, of Madlson County, $2,210. "To Robert Whitacre, administrator of the estate of Agnes Randall, "'.fo Joseph C. Cooper, of Gibson County, $150. deceased, of Fauquier County, $3 5. " To Lettie Cannon, administratrix of Henry Cannon, deceased, of "'.fo Charles R. Carder, of Rappahannock County, $140. Shelby County, $119. · " To Biram R. McCalmont, administrator of the estate of A. Law· "To Thomas H. Webb, executor of Emily M. Ewell, deceased of renee Foster, deceased, of Fairfax County, $4,148. Fayette County, $1,538. · . ' "To John P. L. Hopkins, in his own right, and as administrator of "To J. P. Hunter and William B. Hodges, a,dministrators of Jacob the estate of William B. A. Hopkins, deceased, of Accomac County, E. Hodges, deceased, of Hamblen County, $750. $1,200. "To Mary A. Priddy, administratrix of James M. Priddy, deceased "To William S. Wood, administrator of the estate of Bazil Grigsby, , of Henderson County, $346. ' deceased, of Rappahannock County, $404. • "To James W. Clift, administrator of William Clift, deceased of "To Adelaide Greenlaw, of Stafford County, $129. Hamilton County, $9,544. ' "'.ro M. Ringgolia Brooke, of Stafford County, $120. "'l'o Asa Atkins, administrator of James M. Atkins, deceased of " To Julia L. Clemson, Harry L. Clemson, William B. Clemson Edith Dyer County, $380. ' M. Clemson, and .T. Osborne Clemson, heirs of John Clemson deceased, "To A. J. Williford, administrator of Lavina Williams, deceased, of and Emily Cookson and May Cookson Jones, heirs of John G. Cookson, Shelby County, $360. deceased, of Alexandria County, $5,865. "To Henry E. Hilliard, of Fayette County, $1,115. "To John A. Stover, administrator of Jacob A. Stover deceased of " To Aaron Bullock, of Campbell County, $55. Augusta County, $405. ' ' "To A. J. Jenkins, administrator of James Russell, deceased, of "To Ira J. Partlow, administrator of the estate of Lydia Hoff a.nd Marion County, $427. H~nah Updike, deceased, of Rappahannock County, $711. "To William H. Landrum, of Gibson County, $257. To John W. Reeser, of Shenandoah County, $265. "To Stephen Eason, of Decatur County, $115. " '.fo the trustees of Trinity Episcopal Church, of Portsmouth $1 000. "To Charles R. Holmes, adminish·ator of Nelson Cowan deceased, " To Spencer Vaughan, administrator of Asa Tucker deceased of of Rutherford County, $363. ' Dinwiddie County, *i,515. ' ' " To S. E. Stephenson, administrator of Henry A. Dacus deceased, '.'To Mary C. Munt, administratrix of John H. Munt, deceased of of 'ripton Cotmty, $220. ' Prmce George County, $1,175. ' "'.fo Eveline Hixon, of Hamilton County, $656. "To Robert R. Veitch, administrator of Septimus Brown deceased "•.ro J. J. Bryson, u.dminlstrator of Joseph H. Bryson, deceased of of Alexandria County, $1,565. ' ' Cannon County, $215. • ' "To R. Gray Williams, administrator of Israel Cobourn decea!>ed, of "•.ro G. It. Lipscomb, administrator of Mary A. Branch deceased Frederick County, $772. ' of Fayette County, $545. ' ' "To Kilbourn H. Rowsey, of Rockbridge County $210 " To C. M. McRee. administrator de bonis non of Robert C. McRee "To Silas T. Rosser, administrator of George N: Rosser, deceased of deceased, of Hamilton County, $810. ' Shenandoah County, $380. ' · "To D. P. Haste, administrator of William Varnor, deceased of " To N. W. Baker, administi·ator of Elizabeth Nicholas deceased of Gibson County, $125. • · ' Shenandoah County, $249. · ' ' " To Sterling Beeson. Granville Beeson, Frank Dugger, Penelope "To John R. Fauver, sole heir and legatee of Richard Anderson de- Foster, and George R. Dugger, guardian of Georgie K. Dugger heirs ceased, of Augusta County, $380. ' of and representing one-fifth interest in the estate of one William H. "To George W. Ball, administrator of Mary Ann Ball deceased of Stringet·, deceased, of Hamilton County, $1,908.80, being the share of Lee County, $1.920. ' ' the above-mentioned cla~mants, in the following proportions : Sterling "To John W. Barclay, administrator of Solomon Barclay deceased Beeson, $636.26; Granville Beeson, $636.26; Frank Dugger, $212.09; of Norfolk County, 2,760.· ' ' Penelope Foster, $212.09; and George R. Dugger, guardian of Georo-ie "To Isaac Daven12ort, jr., surviving partner of Edmond & Davenport K. Dugger, $212.10. ., of Henrico County ~4,797.64. ' "To Martha A. Carter, sole heir of Jerome C. Simmerman, deceased " To George D. Harwood, of Henrico County, $1 300. of Hamilton County, 20. · ' " To Thomas W. McCause, surviving partner oi Dunlap Moncure & "'l'o William H. Taylor, administrator of Lewis McDaniel, deceased Co., of Henrico County, $3,675. ' t>f Jefferson County, $437. ' . "To D. T. Ma<_!igan, surviving partner of Fabian & Madigan of Hen- "To James F. Rust, administrator of Isaac Rust, deceased of rico County, $62o. ' Grundy County, $2,016. ' ::To Dr. Creed Thomas, of Henrico County $1,127.50. " 'l'o the heirs of Solomon P. McKinnie, deceased, late of Hardeman . To W. H. Palmer, executor of William Palmer, deceased of Hen- County, $90!>, to be divided among !'laid heirs as follows: 'l'hree hun rico County, $1,620. ' dred and three dollars to Nancy Elizabeth Hurt (nee McKinnie) · ::To John E. Robinson, of Henrico Connty, $1,620. $303 to Solomon P. McKinnie, jr., and $303 to Needham .Michael Me: To Joh~ Enders, executor of William Greanor, deceased, of Henrico Kinnie. County, $4,-00. "To Joseph T. Blanton, administrator of Benjamin Blanton, de "rr:o Mary W. Ba_iley, e:x:ecutrix of Samuel M. Bailey deceased of ceased, of Rutherford County, $1,263. Bennco County, $37::>. ' ' ".To J. B. Brown, administrator -of Mitchell Brown, deceased, of " To Garrett F. Watson, surviving partner of Ludlam & Watson of Maury County, $278. Henrico County, $4,972. . ' "To T. s: Gallaway, administrator of Margaret E. Rawlings, de "To the estate of R. 0. Hoskins, deceased, of .Henrico County $540 ceased, of l!"'ayette County, $1,015. "rr:o Ann E. Grant, administratrix of James H. Grant deceased of "To '1'. L. Pursley, administrator of Rosa Pursley, deceased, of Bennco County, $1,800. ' ' Hamilton County, $200. "'l'o Samuel P. ~athrop, agent for Eugen~ Carrington, administrator "'.fo William Tillett, administrator of .Andrew Bell, deceased of of George M. Carrmgton. deceased, of Hennco County $1150 Jefferson County, $125. ' "To John Enders, of Henrico County, $1,140. ' ' · "•ro Pink Dews, of Davidson County, $1.130. ·"To W._ Ben Palmer, executor of George S. Palmer, of Henrico "'l'o John N. Johnson, administrator of Benjamin Johnson, deceased County, $3:ll. , of Hardin County, $1,349. ' "•_r:o John Bowers, surviving partner of Charles D. Yale & co of "To E. J. Huber, administrator of the estate of Caroline Hinyard Henr1co County, $400. ., deceased, of Hamilton County, $656. ' "To E. M. Garnett, assignee of Joel B. Watkins of.Henrico County "To Mora B. Furiss. administrator of the estate of Peter Stanton $2,000. ' , neceased, and George W. Brown, administrator of the estate of Dariiei "rr:o y;. L. Crittenden, trustee of Mount Holly Baptist Church of Brown, decea.sed, of Colombia, Maury County, $850. Morrisville, $980. ' "To the trustees of the Methodist Episcopal Church South, of Sauls- "~o James D. Sipe, administrator of Asa S. Bauo-her deceased of bury, Hardeman Cotlnty, $240. Rockmgham County, $125. ., ' ' "To Argalus B. Bratton, of Franklin County, $526. "'.fo Charles E. Flanary, administrator of Chadwell Brittain de- "To Joseph Tao-g, of Shelby County, $603. ceased, of Lee County, $4, 64. ' "•ro Mrs. Elizabeth W. Hays, sole heir of Mary A. Walker, deceased "To Clifford S. Boush. $185.76. ~f Shelby County, $3,312. ' "'l'o Millard H. Crawford, $79.45. "To Susan N. Moore, administratrix of C. C. Moore, deceased of "To Jam~s M. Creighton, of Norfolk County, $320. Nashville, Davidson County, $5,770. ' "To BenJamin F. Day, of Rockbridge County, $444 93 "'l'o Uobert M. Doyle, $46.64. "•.ro James Hill, of Norfolk County, $253.70. · · "•.ro Hig Melton, administrator of the estate of William B. Nokes, de "•.ro Richard Inch, of Warwick County, $17.53. ~eased, of Cannon County, $00. "To Peter Johnson, of Norfolk County $82 19 "To Elizabeth J. Taylor, administratrix of Josiah M. Stephenson, de " 'l'o Stephen D. Kennedy, of Fauquier' County·, $264.38. ~eased, of the city of Knoxville, $2,19.2. "To Hugh Kilhl, of Norfolk County, $769.87. "To William M. Noe, of Sullivan County, $515. "To Luthet· L. Martin, $70.68. "To Victoria Wasson, Ella Wasson, and ll"'rank WasSOJl, heirs at law "To Charles Aulick, administrator of the estate of Hampton Aullck, of Richard F. Wasson, of Rutherford County, $8,050. deceased, 523.84. " To J,uln Boom. daughter of Francis Boom, deceased $320 89 . "TEXAS. "To Emily J. Kenney, administratrix of the estate of Edward Ken "To James It. Waggener, of Travls County, $251.22. ney, deceased, $435.61. " To Mary E. Braine, widow of Daniel L. Hraine, deceased, $3,272.33. "•ro Emma .T. Rich, administratrix of the estate of Charles E Rich "To Daniel Hammon, of Brown County, 1,93G. deceased, $692.05. · ' "To A. L. Patton, administratpr of the estate of Henry Ruby, de " ~o Martba C. Keppler, administratrix of the estate of Robert ceased, of Bexar County, $3,181. Whitmg, deceased, $249.03. "To Julia T. Scott, widow of Gustavus H. Scott deceased $197 71 "VERMO);T. "To Amanda Wheeler, guardian of Ruth E. Hughes daughter· of "To Frank Ellery, $486.57. Edward Hughes, deceased, 355.07. ' "To Gilbert Morton, of Chittenden County, $398.67. "To Alfred B. Carter, of Fauquier County, $4,000. "To M. Annette Upham, administratrix of Charles C. Upham de- "To John McManus, of orfolk County, $419.53. ceased, $128.11. ' "To John Gaskins, $562.83. •• To Mary H. Woodward, widow of Edwin T. Woodward, deceased "To the trustees of Centenary Reform Church, of WincP..ester, Fred f179.73. , erick Connty, $1,786. "To Mae H. Tyler, widow of Hanson R. Tyler, deceased, '624.10. "'l'o Manville A. Austin, Emma A. Johnson, Edgar H. Pullman, and XXXIX-36 562 CONGRESSIONAL RECORD-SENATE. . J.ANU.A.RY 9,
Olive C. Kefauver, heirs of Valorous G. Austin, deceased, of Alexandria "To James H. Lemon, administrator of Newton Shumate, deceased, County, $1,680. of Raleigh County, $481. "To the-trustees of the Enon Baptist Churc~ In Chesterfield County, " To Robert M. G. Brown, of Monongalia County, $711.69. $600. " To William D. Staley, Ellen R. Whitson, and Robert D. Staley, sole " To the trustees of the Evangelical Lutheran Church of Strasburg, heirs of Stephen Staley, deceased, of Jefferson County, $815. Shenandoah County, $1,619. "To the trustees of the Methodist Epis.copal Church, of Harpers " To the trustees of Braddock Street Methodist Episcopal Church Ferry, Jefferson County, $3,000. . South, of Winchester, Fred~rick County, $2,560. " To the trustees of the Methodist Episcopal Church South, of Guy " To :Margaret V. Maddux, of Loudoun County, $1,!;)60. andotte, Cabell County, $2,000. "To the Catholic Church of Winchester. Frederick County, $610. "To the trustees ot the Baptist Church, of Guyandotte, Cabell " To the trustees of the Presbyterian Church of Lewinsville, Fairfax County, $2,000. County, $1,760. · · " To the trustees of the Methodist Episcopal Church, of Mill Creek, "To C. C. Gaver, administrator of Joseph Baldwin, deceased, of Randolph County, $800. Loudoun County, 455. " To the trustees of the Methodist Episcopal Church South, of Win- " To Susanna Buffington, sole heir of the estate of A. M. Buffington, field, Putnam County, $1,200. · deceased, of Loudoun County, $75. "To the trustees of the Baptist Church, of Charlestown, Jefferson "To Henry E. Butts, of Loudoun County, $25. County, $1,449. " To C. C. Gaver, administrator of the estate of Joseph Conard, de- "To the trustees of Baxter Institute, of Buckhannon, Upshur County, ceased, of Loudoun County, $300. . $1,431. "To C. C. Gaver, administrator of the estate of L. W. Derry, de- " To the trustees of Tuscarora Lodge, Independent Order of Odd Fel ceased, of Loudoun County, $118. · lows, of Martinsburg, Berkeley County, $1,14.5. "To C. C. Gaver, executor of the estate of Phtllp Derry, deceased, ot Loudoun County, $600. · "WISCONSIN. n To C. C. Gaver, administrator of the estate of Philip Derry, de " To James K. Cogswell, $214:.80. ceased, of Loudoun County, $833. " To Albert Mertz, $58.08. '-'To C. C. Gaver, administrator of the estate of Philip Fry, de "To Webster Doty, $8~.86. ceased, of Loudoun County, $100. " To Florence Hayward, daughter of George W. Hayward, deceased, "To C. C. Gaver, administrator of the estate of Harrison Haws, de $317.82." ceased, of Loudoun County, $268. Page 30, after line 14. insert : "To S. H. Love, administrator of the estate of Samuel Hough, de " MISCRLLANEOUS COURT OJ' CLAIMS FINDINS." ceased, ot Loudoun County, $200. Page 30, after Une 14, insert: ''To Mrs. Julia L. Hall widow of "To C. C. Gaver, administrator of the estate of George W. Moore, Joseph T. H. Hall, deceased, of Washington, D. C., the sum of deceased, of Loudoun County, $430. $8,664.19, without interest, in payment of the amount found due "To W. 0. Russell, administrator of the estate of George Neer. de joseph T. H. Hall by the judgment of the Court of Claims under date ceased, of Loudoun County, $200. of June 22, 1895, under the provisions of the act of Congress approved "To El. C. and W. C. Potts, administrators of the estate of Eldwin February 13, 1895, entitled 'An aet to amend an act entitled "An H. Potts, deceased, of Loudoun County, $25. act to provide for the settlement of all outstanding claims against the u To A. H. Potts, administrator of the estate of F. M. Potts, de District of Columbia and conferring jurisdiction on the Court of Claims ceased, of Loudoun County, $275. to hear the same, and for other purposes," approved June 16, 1880,' "To Thomas W. Potts, sole heir of Jonas Potts, deceased, of Lou- one half of the said sum to be paid out of any money in the Treasury doun County, $155. · not otherwise appropriated and the other half out of the revenues o.t "To c. c. Gaver, administrator of the estate of Henry Reed, de the Distl;ict of Columbia." ceased, of Loudoun CountY, $200. Page 30, after line 14., insert: "To the legal representatives of the "To w. 0. Russell, administrator of the estate of J. L. Russell, de estate o! Leo L. Johnson, deceased, late of Scott County, Ky., the sum ceased, of Loudoun County, $75. of $37,351.49, for the net proceeds of 461 hogsheads of sugar taken by "To c. c. Gaver, administrator of the estate of David Shriver, de the military authorities of the United States and the proceeds coverea ceased, of Loudocm County, $405. into the Treasury, as found by the Court of Claims." "To Jane Tavenner, executrix of the estate of Richard Tavenner, . Page 30, after line 14, Insert: "To the heirs at law of Sarah J. deceased, of Loudoun County, $30. . Montgomery, late of Madison Parish, State of Louisiana, the sum of "To c. c. Gaver, administrator of the estate of Levi Waters, de $1 ,769.50, in full payment of the amount found due by the Court of ceased, of Loudoun County, $360. Claims in the case of William J. Hill against the United States, No. "•.ro Ella A. Hall, of Fairfax County, $4.238. 2548." "To the Norfolk Seamen's Friend Society, of Norfolk, Norfolk Page 30, after line 14, Insert: " To Michael B. Ryan, son and ad County, $3,061. ministrator de bonis non of John S. Ryan, deceased, or to his legal " To Raleigh Sherman, administrator of Isaac Hollingsworth, de representatives, the sum of $14,58.2.04; the same to be taken and ceased, devisee under the will of Harriet B. Hollingsworth, deceased, accepted as a full and final release and discharge of his claim against of Frederick County, $5,760-. "To Charles U. Gravatt, $351.22. the United States, as found by the Court · of Claims under the act "To John Gaskins, of Norfolk County, $103.83. approved March 12, 1863." "To Alexander W. Cassell, of Norfolk County, $382.70. Page 30, after line 14, Insert : u To Marie Ellizabeth Horner, widow of Frederick Horner, de- " FRENCH SPOLIATION CLAIMS. ceased, $35.21. · " To pay the findings of the Court of Claims on the following " To Nannie Glover Kaufman, widow (remarried) of William K. claims for indemnity for spoliations by the French prior to July 30, Ma11o, deceased, $196.23. 1801, under the act entitled 'An act to provide for the ascertainment ,rTo Clifford J. Boush, $2.55. of claims of American citizens for spoliations committed by the French "To Emily J. Kenney, administratrix of Edward Kenney, deceased, pl'lor to the 31st day of July, 1801 :' Provided, That in all cases $2,766.72. where the original sufferers were adjudicated bankrupts the awards " 'l'o Henry T. Percy, $323.84. shall be made on behalf of the next of kin instead of to assignees in " To George P. Lumsden, $154.52. bankruptcy, and the awards In the cases of individual claimants shall "To Elmily A. H. Tatem, sister and administratrix of Josiah D. not be paid until the Court of Claims shall certify to the Secretary o.t Pinner, deceased, '79.38. the Treasury that the personal representatives on whose behalf the "To Robert Whtting, $199.72. . award is made represent the next of kin, and the courts which granted "To E. B. Shaver, administrator of the estate of Elizabeth Hahn, the administrations, respectively, shall have certified that the legal deceased, of Shenandoah County, $459. representatives have given adequate security for the legal disbursement " To the trustees of the Norfolk Academy, of the city of Norfolk, of the awards, namely : 3 " On the vessel sloop Cygnet, James Hunt, master, namely: $ ~~~~· George L. Watkins, Junius F. · Watkins, Bettie Hamilton, Lottie "John C. Hollister, administrator of Frederick Hunt, $813.50. El Kidd and Louisa J. Jones, of Greenesville County, $9,141. "John C. Hollister, administrator of John Hunt, $813.50. ·" To the trustees of St. Paul's Protestant Episcopal Church, of the "John C. Hollister, administrator of Jesse Hunt, $813.50. city of Norfolk, $3,600. · " On the vessel brig Lonisa, Benjamin Wheeler, master, namely: "To Rosa M. Bowden, Zenobia Porter, Mary E. Bowden, and Martha "Charles R. Street, administrator of Richard Hubbell, jr., $837.90. Bowden Gustin, heirs of Lemuel J. Bowden, deceased, of York County, "Richard Hubbell, administrator of Richard Hubbell, sr., $837.90. $4,845. " Fenelon Hubbell, administrator of Benjamin Wheeler, $3,143.30. it WASHINGTON. " Louisa A. Starkweathllr, administratrix of R. S. Hallett, $292.50. " Walter Bowne, administrator ot Walter Bowne, 292.50. "To Phllip C. Van Buskirk, of Snohomish County, $259.18. " Leopold Mark, administrator of Louis Mark, $487.50. "To Jacob Edmund Noel, of Pierce County, $204.93. "On the vessel brig Mercury, George Lee, master, namely: "To Ambrose B. Wyckoff, of King County, $19tH5. " Thomas S. Rhett and Henrietta Troup, administrators of the estate it WEST VIRGINIA. of Henry Troup, deceased, $1,562.59. " 'William N. Marye, administrator of the estate of Richard Git "To Allen J. Moses, of Greenbrier County, $672. tings, deceased, $1,562.59. "To J. G. Rogers, administrator of John Rogers, deceased, of Fay "On the vessel schooner Betsy and Lucy, Joseph Crown, master, ette County, $263. namely: . " To Warwick Hutton, administrator of Samuel Morrison, deceased, "Joseph W. Thompson, administrator of the estate o! David Coflln, of Randolph County, $1,340. . deceased, $3,866. "To Thomas B. Scott, of Randol:ph County, $1.178. " On the vessel schopner Friendship, Samuel Moulton, master, "To Charles B. Van Metre, admmistrator of Thomas T. Van Metre, namely: · deceased, of Berkeley County, $438. " Edward 0. Emerson, administrator of Edward Emerson, jr., "To J . D. Billmyer, administrator . of , Margaret J. Cross, deceased, $4,093.60 . . of Jefferson County, $105. " Robert Codman, administrator of William Gray, $4,020. "To Patrick Crickard, administrator of Henr1 Currence, deceased, " On the vessel ship James and William, Nicholas Monnycott, master, of Randolph County, 502. . namely: · . "•.ro Robert C. Hess, executor of John Hess, deceased, of Jefferson "A P. Warrington, administrator of John Cowper, surviving part- County, $215. · · · ner of John Cowper & Co., $5,922. - "To H. L. Snapp, administrator of Jacob H. Snapp, deceased, of "John Stewart, administrator of William P. Stewart, surviving Berkeley County, $270. partner of David Stewart & Sons, $6,452.50. "To George W. Hott, · administrator de bonis non cum testamento "Alexander Proudfit, administrator of John Proudfit, $6,452.50. annexo of the estate of John Nicewaner, deceased, of Jefferson County, "On the vessel schooner George and Jane, Clark Elliott, master, 5 namely: $ t~.ro Melven Currence, administrator of William H. Currence, -de- "John C. Hollister, "administrator of Russell Tomlinson, deceased, cea ed, of Randolph County, $1,300. . $1,180.95. . " To Lee Crouch, administrator of Abram Crouch, deceased, of Ra.n uJohn C. Hollister, administrator of Uberty Kimberly, deceased, 1 dolph County, $4,104. $424.31. 1905.- . ··CONGRESSIONAL RECORD-SENATE. 563
"John C. Hollister, administrator of Samuel Hull, deceased, $117.83. "Benjamin M. Hartshorne and Charles N. Black, executors of Rich- "John C. Hollister', administrator of Abijah Hull, deceased, $117.83. ard Hartshorne, $1,000. "John F. Plumb, administrator of John Humphreys, deceased, "Richard Delafield, administrator of John Delafield, $500. $177.32. " On the ·vessel ship Glasgow, M. Alcorn, master, namely: " Seth P. Snow, administrator of Crowell Hatch, deceased, $700. "Horace E. Hayden, administrator de bonis non of the estate of "A. Lawrence Lowell, administrator of Nathaniel Fellowes, deceased, David H. Conyngham, surviving partner of Conyngham, Nesbitt & $1,000.· Co., $2,967.28. "John C. Hollister, administrator of William Mansfield, deceased, "The city of Philadelphia, administrator de bonis non of Stephen $117.83. Girard, $294. . . "On the vessel brig Patty, Josiah Hempstead, master, namely: " C. D. Vasse, administrator of Ambrose Vasse, $784. " George G. SUI, administrator de boms non of Justus Riley, de- " William D. Squires, administrator of Henry Pratt, surviving part ceased, $15,512.75. · ner of the firm of Pratt & Kintzing, 784. "George G. Sill, administrator de bonis non of Josiah Hempstead, "Craig D. Ritchie, administrator of Joseph Summerl, surviving part deceased, $1,567.50. ner of the firm of Summer! & Brown, $490. "On the vessel schooner Sally, Jacob Osgood, master, namely: "Francis D. Pemberton, administrator of John Clifford, surviving "Jeremiah Nelson, administrator of Jeremiah Nelson, $3,806.82. partner of the firm of Thomas & John Clifford, $294. "Joseph L. Wheelwright, administrator of Moses Savory, $3,806.81. " On the vessel sloop Friendship, Henry Brookins, master, namely : " On the vessel brig Happy Return, Ezekiel Durfey, master, namely: ".Tohn King, administrator of John Peterson, $658.45. " William 0. Gladding, second administrator of Simeon Martin, de- "David C. Percy, administrator of Charles Peterson, $658.45. ceased, $18,311. "Jarvis Patten, administrator of Robert Patten, $476.22. " On the vessel sloop Pofly, William D. Wilson, master, namely : "Thomas N. Perkins, administrator of .John C. Jones, $500. "Ann Elizabeth Marshall, administratrix of Wlliam Robb, $2,378.23. " William S. Carter, administrator of William Smith, $800. "On the vessel schooner Midget, Lewis Hudgins, master, namely: "Frank Dabney, administrator of Samuel W. Pomeroy, $500. "F. G. James, administrator of Joseph Brickell, $1,180.45. "Lucy S. Cushing, administratrix of Jacob Sheafe, $300. "On the vessel schooner Nymph, Thomas Corbett, master, namely : "On the vessel schooner John, Edmund Lewis. master, namely: "Gordon Gairdner, administrator -of the· estate of James Gairdner, "William I,. Mauldin, administrator of John F. Kern, $1,474. surviving partner of the firm of James and Edwin Gairdner- & Co., " Abby A. Lewis, administratrix of Edmund Lewis, $1,166. $4,819.74. "On the vessel brig Polly, Russell Doan, master, namely: "On the vessel brig Two Sisters, William Worth, master, namely: "Chauncey Buckley, administrator of Chauncey Buckley, $1,503.25. "Charles U. Cotting, administrator of John F. Loring, deceased, "Charles A. Jarvis, administrator of Russell Doan, $1,503.25. · $2,193. " On the vessel sloop Hope, Ezra Merrill, master, namely : "Charles U. Cotting, administrator of Joshua Loring, deceased, "David Stewart, administrator of George Sears, $330. $2,193. " Lemuel P. •rownsend, administrator of Jacob Adams, $330. · " On the vessel brig Industry, William Massey, master, namely : "Ferdinand C. Latrobe, receiver of the estate of Aquilla Brown, John "Anna E. Taylor and David Stewart, administrators of Joseph Sherlock, and George Grundy, $5,880. Massey, $8,442.05. " On the vessel brig Polly, Elisha Caswell, master, namely : "Herman Stump, administrator of John Stump, 2,015. " A. Lawrence Lowell, administrator of Nathaniel Fellowes, $600. "On the vessel ship Rainbow., William Smith, master, namely: "H. Walter Hunnewell, administrator of John Welles, $400. "Henry E. Young, administrator of John Geyer, $12,210. "On the vessel schooner Industry, William Riddle, master, namely: "On the vessel brig Favorite, Thomas McConnell, master, namely: 1 " Nathan Matthews, administrator of Daniel Sargent, $460.32. "George M. Gill, administrator of. Gabriel Wood, $3,614. "John W. Apthrop, administrator of Caleb Hopkins, $657.60. "On the vessel sloop Despatch, Elias Hulen, master, namely: " Hersey B. Goodwin, administrator of William Mackay, $263.04. "John S. Martin, administrator of John Sparhawk, deceased, $1,170. " Edward I. Browne, administrator of Israel Thorndike, $328.80. "On the vessel sloop Lucy, George Gilbert, master, namely: "William S. Carter, administrator of William Smith, $657.60. " Charles :M. Clarke, administrator of Benjamin Snow, $1,873. " Henry B. Cabot, administrator of D. D. Rogers, $328.80. " Isaac R. Barbour, administrator of Samuel Woodbridge, 1,873. "David G. Haskins, jr., administrator of David Greene, $657.60. "John K. Myers, administrator of Nathaniel Eaton, $6,747.45. " William G. Perry, executor of Nicholas Gilman, $986.40 . . "On the vessel schooner Ulalia, James Clifton, master, namely: "A. P. Loring, administrator of William Bordman, $328. 0. "Sarah E. Conover, administratrix de bonis non of John Reed, de- "Alexander H. Ladd, administrator of Eliphalet Lad d. $657.60. ceased surviving partner of the firm of Reed & Forde, $2,244. "James E. Tisdale, administrator of James Tisdale, $328.80. "On the vessel brig Bets('y, Alexander C. Atwood, master, namely: " William P. Dexter, administrator of Samuel Dexter, $306.44. " Samuel A. Fowle, administrator of George Makepeace, 694.28. ".Tames S. English, administrator of Thomas English, $197.28. " H Hollis Hunnewell, administrator of Arnold Welles, $239.10. "On the vessel sloop Industry, James P~ons, master, namely: " William Ropes Trask, administrator of Thomas Amory, $478.20. "A. Lawrence Lowell, administrator of Nathaniel Fellowes, $125. "William G. Perry, administrator of Nicholas Gilman, $478.20. "Seth P. Snow, administrator of Crowell Hatch, $125. "John o. Shaw. administrator of Josiah Knapp, $239.10. "On the vessel schooner Eagle, Thomas Gray, master, namely: I "H Hollis Hunnewell, executor of John Welles, $239.10. "Thomas N. Perkins, administrator of John C. Jones, $1,000. " H: Burr Crandall, administrator of Thomas Cushing, S159.40. "John H. Moriarity, administrator of .James Scott, $1,000. "On the vessel brigantine Nancy, John Moulton, master, namely: "Francis M. Boutwell, administrator of John McLean, $1,000. " Benjamin I!,. Widden, administrator of Benjamin Boardman, de " Seth P. Snow, administrator of Crowell Hatch, $1,000. ceased, $1,606.34. "Francis M. Boutwell, administrator of Benjamin Cobb, jr., $1,000. "Henry P. Moulton, administrator of John Moulton, deceased, " William P. Dexter, administrator of Samuel Dexter, jr., $500. 757 1 "Frederick 0. Prince, administrator of James Prince, $600. $ " Harry· 1. V. Moore, a d mm1s· · t rat or of w·u· 1 1am B oar d man, d ecease d , " Charles A. Welch, administrator of William Stackpole, $500. $2,546.45. "On the vessel schooner Juno, Jonathan Thompson, master, namely: " Robert Codman, administrator of William Gray, jr., deceased, "Louisa A. Starkweather, administratrix of Richard S. Hallett, de- 2 ceased, $700. .$ :~g~·arles W. Robinson, administrator of Reuben Shapley, deceased, "Walter Bowne, administrator of Walter Bowne, deceased, $500. 3 " On the vessel brig Success, Robert Clark, master, namely : $ 2°wnuam A. Hayes, second administrator of Nathaniel A. Haven, "John J. Helm and WiUiam W. Vasse, administrators of Ambrose deceased, $300. Vasse, $392. "George w. Haven, administrator of John Haven, deceased, $300. " William D. Squires, administrator of Henry Pratt, surviving part "Francis A. Jewett, administrator of James Prince, deceased, $300. ner of Pratt & Kintzing, $392. "On the vessel schooner Polly, John Allen, master, namely: "Crawford Dawes Hening, administrator of Abijah Dawes, $294. "Samuel D. Wyman, administrator of Rugless Cunningham, de "George W. Guthrie, administrator of Alexander Murray, surviving ceased, $3,366.70. partner of Miller & Murray, $392. "Atwood s. Foster, administrator of William Cunningham, deceased, "Lorin Blodgett, administrator of Samuel Blodgett, $294. $3,366. 70. . illi' d "On the pilot boat Zephyr, Edward Hansford, master, namely: "Henry Ingalls, administrator of W am Melcher, eceased, "M. H. Messchert, administrator of Jacob Ge1·ard Koch, $2,450. $1,262.51. "C. D. Vasse, administrator of Ambrose Vasse, $980. " Thomas J. York, administrator of Nathaniel Bryant, deceased, " William D. Squires, administrator of Henry Pratt, $980. $874.19. . s . 11 " George Harrison Fisher, administrator of Jacob Ridgway, $784. " Frank Dabney, admimstrator of amuel Wy ys Pomeroy, de- "Francis A. Lewis, administrator of John Miller. jr., ::;784. ceased, $700. " Robert W. Smith, administrator of Robert Smith, $784. "Thomas N. Perkins, administrator of John C. Jones, deceased, " Sara Learning, administratrix of Thomas Murgatroyd, $980. 8 0 "Francis A. Lewis, adminish·ator of Peter Blight, $980. $ ~ on the vessel schooner Success, Jonathan Glover, master, namely: "J. Bayard Henry, administrator of Charles Ross, $490. "Jolm P. Glover, administrator of the estate of Jonathan Glover, "J. Bayard Henry, administrator of John Simson, $490. jr. $433.32. "Charles Prager. administrator of Mark Prager. $338.13. 1'James P. Safford, administrator of Ebenezer Safford, $473.32. "George Albert Smyth, administrator of Jacob Baker, $338.13. "Henry R. Wi.ooht, administrator of Henry Reed, $473.32. "J. Bayard Henry, administrator of John Leamy, $588. " Shepard D. Gilbert, administrator of Gifford . Crowninshield, $300. " On the vessel schooner William, Nathaniel Curtis, jr., master, " On the vessel ship Active, Samuel Whitehouse, master, namely : namely: " samuel F. Coffin and Ida C. Lunt, administrators de bonis non "Arthur T. T.. yman, administrator of Theodore Lyman, $1,000. of the estate of Samuel Coffin, deceased, $11,000. "Chandler Robbins, administrator of Joseph Russell, survivor of "On the vessel schooner Sally, Robert Atkins, master, namely: Jeffrey & Russell, $1,000. "James H. Varney, administrator of William Sproul, $1,098. "'rhomas H. Perkins, administrator of John C. Jones, 1,000. "James H. Varney, administrator of Michael Jones, $1,098. "James C. Davis, administrator of Cornelius Durant, $1,000. "Arthur c. Child, administrator of John McKown, $1,098. " Robert Granti administrator of William H. Boardman, $500. "Albion G. Huston, administrator of Henry Fossett, $1,098. "Arthur D. Hil , adminish·ator of Benjamin Homer, $500. "James E. Young, administrator of Alexander Young, $1,09.8. "Francis M. Boutwell, administrator of John McLean, $500. "On the vessel brig Dispatch, Thomas Lunt, master, namely: " D. D. Slade, administrator of Daniel Dennison Rogers, $500. "James De Normandie, administrator. de bonis non of Thomas Lunt, " On the vessel schooner Conrad, . John Osborn, master, namely: 2 " David Stewart, administrator of Paul Bentalou, $1,241.17. $ ~~~~·orge W. Ham, administrator of the estate of William Ham, de- "Cumberland Dugan, administrator of Cumberland Dugan, $947.17. ceased, $2,435. . P "Nathaniel Morton, administrator of Nathaniel Morton, surviving "Frederick P. Jones, administrator de bonis non of Martin arry, partner of tbe firm of Bedford & Morton, $947.17. deceased, $2,075. "Elizabeth-Montell, administratrix of Robert McKim, $947.17. "On the vessel schooner Resolution, John Crandon, master, namely: "J. Savage Williams, administrator of Samuel Williams, $473.59. " Isaac Brewster, administrator of Daniel Jackson. surviving part- "Anthony Groverman, administrator of Anthony Groverman. sur- ner of the firm of Daniel & Charles Jackson, $1,726.27. ' viving partneJ• of the firm of D. Werhagen & Groverma.n, $947.17. "On the vessel schooner John Eason, John Cowper, master, namely: "W. Hall Harris, administrator of William Patterson. $947.17. "A. P. Warrington, administrator of John Cowper, $1,161.85. "David Stewart, administrator of E. C. Boislandry, $767-.58. 564 ()ONGREBSIONAL RECORD- SENATE. JANUARY 9,
"William H. Burne, administrator of Frederick II. Burne, surviving "Francls M. Boutwell, administrator of John McLean, $89. partner of the firm of Anspach & Burne, sucees ors -of the firm of Von "Augustus .P. Lor1ng, administrator of William It. Boardman, Kopff & Anspach, $473.59. . $156.85. "Louisa T. Carroll, administratrix of William Van Wyck, :$1,241.17. ::Francis M .. B<>utwell, administrator of Charles Sigourney, $156.8.5. "Charles J. Bonaparte, administrator of Benjamin WilUams, $947.17. ,.A. L .. Huntington, adminiBtr.ator of James Dunlap, $156.85. "Mary Jane and James Thurston, administrators of John Hollins, Wllliam Ropes Trask, administl-ator of Thomas Amoryl $8!>. $n47.17. " Frank Dabney, adminL
..A. Lawrence .Lowelli. admlnlstrator of Nathaniel Fellowes,'$1,2.34.47. "Charles F. Adams, administrator or Peter C. Brooks, $6,999:39 . "ll'mncis M. Boutwe I, administrator of Benjamin Clark, $S08.61. · "A. Lawrence Lowell, administrator of Nathaniel Fellowes, $956.86. "Thomas N. Perkins, administrator of John C. Jones, $370.34. "Thomas N. Perkins, administrator of John C. Jones, $956.86. " Frederick 0. Prince, administrator of James Prince, $308.61. " Chandler Robbins, administrator ot Joseph Russell, survivor of the " William P. Dexter, administrator of -samuel · Dexter, $308. .61. firm of Jeffry & Russell, $956:86. "H. H. Hunnewell, administrator of John Wells, ·$617.23. " .Francis ·-M. Boutwell, administrator of .Benjamin Cobb, $478.42. " ·llobert Codman, administrator of William Gray, $617.23. "Seth P. Snow, administrator of Crowell Hatch, $574.11. "On the vessel schooner Lucy, 1\Iatthias.Rider. master, namely: "John C. Hollister, administrator of Liberty Kimberly, $489.13. "Charles Francis Adams, administrator of Peter· C. Brooks, $516. "Maria L. Seymour, administratrix of Sheldon Curtis, $429.29. "A. Lawrence Lowell, administrator of Nathaniel Fellowes, $132. ! "John F. Plumb, admlnistrator of James Humphreys, $1,17"3.10. "Seth P. Snow, administrator of Crowell Hatch, ·$132. , "On th-e vessel brig Fly, James Merrihew, master, namely: "On the vessel -schooner Marla, Thamas Gardiner, master, namely: "John A. McCarthy, administrator of James Barr, $2, 722.45. " Charles Francis Adams, administrator of · Pilter C. Brooks, $1,000. "John A. McCarthy,· administrator of James Stuart, $2,722.45. " George G. King, administrator ·of Crowell Hatch, $500. · " On the vessel schooner Lucretia, William Young, master, namely: "On the vessel schooner Lucy, Henry Brightman, master, namely: " Stuyvesant T. B .. Jackson, administrator of L-evi Cutter, deceased, " Seth P. Snow, administrator of Crowell Hatch, $1,000. $1,975. - . "David Greene Haskins, jr., administrator of David Greene, $1,000.· "Mabel Sargent, administratrix of Jacob Mitchell, deceased, surviv "William S. Carter, administrator of William Smith, ·$1,000. ing partner of William Buxton and Jacob 'Mitchell, deceased, trading as "Charles F. Runt, administrator of Joseph Russell, $1,000. Buxton & Mitchell, "$2,933.32. · "John Lowell, -jr., administrator of Tuthill ·Hubbart, $1,000. "Harry R. Virgin, administrator of Arthur McLellan, $300. "Frederick 0. Prince, a.dministrator of James Prince, $500. "John P. T. Ingraham, administrator of Joseph H. Ingraham, $200. "William P. Dexter, administrator of ·.samuel Dexter, $500. "On the vessel sloop Ralph, Moses Montague, master, namely: - "Francis M. Boutwell, administrator of Charles Sigourney, $500. "Herman A. Whittlesey, administrator of Aaron Gaylord1 $2,884.36. ".Thomas N. Perk.ins1.administrator of John C. Jones, $500. "George G. Sill, .administrator of Thomas Sanford, $2,881:.37. "Francis M. Boutwell, administrator of John McLean, $700. "John S. Gary, administrator of John Smith $2,884.37. "Nathan Matthews, jr., -administrator of Daniel Sargent, $400. "On the vessel schooner Hope, Ephraim Hutchins or Abel Nutt, "Arthur D. Hill, administrator of Benjamin Homer, $400. master, namely: • "Archibald .M. Howe, administrator of Francis Greene, $500. "Henry B. Reed, administrator of .Andrew Frothingham, $2,762.50. " Charles A. Welch, administrator of William Stackpole, $400. " Eliza F. Noyes, administratrix of Benjamin Frothingham, $2,- " James S. English, administrator of Thomas English, $400. 762.50. "Arthur L. Huntington, administrator of James Dunlap, $500. "Joseph A. Titcomb, administrator or John Wells, "$200. "Francis M. Boutwell, administrator of Benjamin Cobb, jr., $400. "Jeremiah Nelson, administrator of Jeremiah Nelson, ·$200. " George G. King, administrator of James Scott,· $500. "Francis A. Jewett, administrator of James Prince, $1,000. " Lucy S. Cushing, administratrix of Jacob Sheafe, $500. "Amos Noye~, administrator of Zebedee Cook, 200. "Charles K. Cobb, administrator of John Codman, $500. "Amos Noyes, administrator of William Cook, $100. " Charles F. Adams, administrator of Peter C. Brooks, .$375. " Charles F. Adams, administrator of Peter C. Brooks, $2,000. "On the vessel ·schooner John, David Lufkin,-master, namely: " George G. King, administrator of Crowell Hatch, $1,000. "George G. _King, administrator of Crowell Hatch, $793.65. "On the vessel ~hlp "To~ ~ohn Bailey, master, namel'y: "Charles F. Adams, administrator of Peter C. Brooks, $2,619.05. " James S. EngliSh, ·admm1strator ·of -Thomas Elnglish, $4,059. "Thomas N. Perkins, administrator of John C. Jones, $793.65. "Francis M. Boutwell, administrator of Frederick and Thomas .Geyer, "A. Lawrence Lowell, administrator of Nathaniel Fellowes, $793.65. $2,92L75. "On the vessel schooner Redress, John Grazier, master, namely: " ·William B. Atkinson, udmlnistrator of William Bartlett, $11,603.24. "George Dennie, executor of Thama.s Dennie, $1,797. "Charles F. Hunt, administrator of Joseph R-ussell, surviving part- " Charles F. Adams, administrator ol Peter C. Brooks, $5,900. ner, $400. " J obn Morton Clinch, administrator of Perez Morto-n, $500. " Frederick 0. Prince, administrator or James Prince, $202.89. ... A. Lawrence Lowell, admin.istr·ator of Nathaniel Fellowes, $860. "Gardner Dexter, administrator of Samuel Dexter, $202.89 . " Seth P. Snow, administr·ator of Crowell Hatch, $800. "Charles Francis Adams, administrator of Peter C. Brooks, $3,754.92. "On the vessel brig Nathaniel, David Yo1mg,master, namely: "Thomas H. Pe1·kins, .administrator of John C. Jones, $938.72. " Moses Howe, administrator -of MoseB Gale, deceased, $3,600. ; "-rrhomas Cushing, administrator or Marston Watson, $1,408.10. " Charles F. Adams, administrator or Peter C. Brooks, deceased, , "Frank Dabney, administrator or Samuel W. Pomeroy, $938.72. $3,950. "William Vernon, administrator of Samuel Brown, $938.72. "A.. Lawrence Lowell, administrator o! Nathaniel Fellowes, deceased, " William SoWer, administrator of Nathaniel Fellowes, $1,408.10. $475. . "Josephine Richter, administratrix ot John McClintock, $119 ~ "Seth P. Snow, administrator of Crowell·Hatch, deceased, $475. " Gilorge F. Chace, administrator of Stephen Chace, $119. · "On the vessel schooner Nancy, Thoma.s .Hadaway, master, namely: "Theodore W. Woodman, administrator of John Rollins, · 119. "Francis M. Boutwell, administrator " Henry W. Ellicott, administrator of William McFadon, $229.14. more, Md., $2,396.28, the amount found to be due the said bank by the "James Lawson, administrator of Richard Lawson $458.28. Commissioner of Internal Revenue, under the act of Congress approved "Anthony Groverman, administrator of Anthony Groverman, · surviv- February 28, 1901 (31 Stat, p. 1750), for internal-revenue taxes ille- ing partner of D'Werhagen & Groverman, $611.04. gally collected.' '' On the vessel brig Ann, Robert Lord, master, namely: Page 30, after line 14, insert: "To Henry T. Clarke, the sum of " William I. Bowditch, administrator of Stephen Higginson, $2,880, for the rent of buildings on the northwest quarter of the north- $'d,149.49. west quarter of section 2, township 13, range 13, Sarpy County, Nebr., '' On the vessel schooner Spartan, Thomas C. Howe, master, namely : from l''ebruary 9, 1890, to March 12, 1904.!.. being for the use of build " Mtlry T. Latrobe, administratrix de bonis non cum testamento an- ings on said land acquired by the United ·~tates by condemnation pro- nexo of the estate of Thomas •.renant, $1,685.85. ceedings in the suit against Henry Zurcher in accordance with a "On the vessel ship Statira John Seaward master, namely: proposition made by Henry T. Clarke to the Secretary of War July 29, "J. Hamilton Shapley, administrator1 of Edward Cutts, $284.20. 1889, which said proposition was for the sale of lands to the United "lt"red P. Jones, administrator of Martin Parry, $408.53. States in Fort Omaha, now Fort Crook, by which proposition all said "George W. Haven, administrator of Moses Woodward, $213.15. buildings were retained by Henry T. Clarke: Provided, That the sum of " l!.,rancis ID. Langdon, administrator of Clement Storer, $355.25. ~2,880 shall be accepted and received by Henry T. Clarke in full pay- " Josephine Richter, administratrix of John McClintock, $142.10. ment of all claims and demands on account of the rental of said build- " John Hatch, administrator of James Drisco, $213.18. ings." ".John Hatch, administrator of Daniel Huntress, $266.43. Page 30, after' line 14, insert: "To Capt Archibald W. Butt, quar- " John Hatch, administrator of Abel Harris, $284.20. termaster, United States Army, the sum of $480, amount stolen from " William Hall Williams, administrator of Elijah Hall, $284.20. the United States in Manila, P. 1., by an employee of the quarter- " Alfred L. Elwyn, administrator of John Langdon, $213.15. master's department, by name Jose B. Luciano, the said Capt. Archi- " On the vessel snow Thetis, Samuel Cameron, master, namely : bald W. Butt having fully paid said sum to the United States." "Gordon Gairdner, administrator of James Gairdner, surviving part- Page 30, after line 14, insert: "To Mary A. Coulson, executrix and ncr of the firm of James & Edwin Gairdner & co., $5,944.11. sole legatee of Sewell Coulson, deceased, late of Sullivan, Ind., the sum "On the vessel schooner Betsey and Polly, William Cottle, master, of 3,950, being the amount due to him for professional services rendered namely: as an attorney at law, the said services being the defense of sundry " Charles F . .Adams, administrator of Peter c. Brooks, $300. actions instituted and prosecuted against a military officer and men of 'th 800 his command in the Indiana State courts and the United States circuit " William S. Carter, administrator of William S mt • · court within and for the district of Indiana for acts done by them "John V. Apthrop, administrator of Caleb Hopkins, $1,000. i "Charles A. Welsh, administrator of William Stackpole. $500. whi1 e n the discharge of their duty and in obedience to orders emanat- " John Lowell, J·r., administrator of Tuthill Hubbart, NOO. ing from the authority of the United States Government during the ·P late war." "William P. Perkins, executor of Thomas Perkins./. $300. Page 30, after line 14, insert: " To the legal representatives of " William G. Perry, executor of Nicholas Gilman, '!>400. G t· d d 1 t f A · fi "David G. Haskins, administrator of David Greene, $1,000. eorge w. c ur Is, ecease ' a e o nzona Territory, for the bene t ott of said estate, the sum of 2 288.91, being the amount due said Curtis "A. Lawrence Lowell, administrator of Nathaniel Fe11 owes, "' •000 · for services rendered the Umted1 States in carrying out, as bondsman, "On the vessel schooner Hazard, Joseph Campbell, master, namely: the army transportation contract of Isaac S. Randol, defaulting con " Edward N. Dingley, administrator de bonis non cum testamento tractor, in contract No. 61220, for the fiscal year ending July 1, 1882." annexo of William Nickels, deceased, $1,660.20. Page 30, after line 14, insert: "To Leoi}ard L. Deitrick, late first "William 0. McCobb, administrator de bonis non com testamento lieutenant, Thirty-fourth Infantry, United States Volunteers, the sum annexo of Joseph Campbell, deceased, $189.20. of 120, said sum having been United States funds stolen from his safe "David Chamberlain, administrator of the estate of Samuel Miller, at Penaranda, Nueva Ecija., P. 1. at some time between December 3, deceased, $1,660.20. . 1900, and December 24, 1900, wh1le1 he was acting commissary officer; " David Chamberlain, administrator of the estate of Thomas Miller, and which sum the said Leonard L. Deitrick accounted for and paid to deceased, $1,660.20. the proper officer of the nited States from his own priv11te funds." " George B. Sawyer, administrator de bonis non of the estate of Page 30, after line 14, insert : · " To Merril Denham, of Madison John Nickels, deceased, $1,660.20. County, Ky., the sum of $G8, for seventeen days' service as stor·ekeeper "On the vessel ship Betsey, Josiah Obear, master, namely: in the Internal-Revenue Service, beginning January 21, 188!), under · " Charles Francis Adams, jr., administrator of Peter Chardon Brooks, order of the collector of internal revenue of the eighth district of Ken- $5,500. tucky.'' "Henry W. Blagge and Susan B. Samuels, administrators of Crowell Page 30, after line 14, insert: "To the personal representative ot Hatch, 1,000. James H. Dennis the sum of $26,538, being the amount found by the "Proviaea, however, That any French spoliation claim appropriated Court of Claims to be due to him by reason of certain contracts for the for in this act shall not be paid If held by assignment or owned by any improvement of the Tennessee River." instirnnce company. But this shall not apply to any claim of a class Page 30, after line 14, insert: " To the estate of James B. Eads the heretofore paid under the act approved March 3, 1891, entitled 'An act sum of $19,657.54, in full payment of the balance of interest due to making appropriations to supply deficiencies in appropriations for the said estate from the United States." fiscal year ending June 30, 1891, and for prior years, and for other pur- Page 30, after line 14, insert: "To the Eastern Railroad Company of poses,' and paid under the act approved May 27, 1902, entitled 'An Massachusetts the sum of $15,714.35, and to the Boston and Maine act for the allowance of certain claims for stores and supplies reported I Itailroad the sum of $12,246.14, which amounts the Commissioner of by the Court of Claims under the provisions of the act approved March Internal Revenue has found and reported, under Senate resolution of 3, 1883, and commonly known as the Bowman Act, and for other pur- April 22, 1904, to have been collected illegally from said companies as poses.' " duplicate taxes on the same identical income or profits under the acts Page 30, after line 14, insert: "Miscellaneous cases.'' of Congress approved July 1, 1862, June 30, 1864, and July 14, 1870, Page 30, after line 14, insert: "For direct appropriation.'' and amendments thereto." Page 30, after line 14, insert: "To Jewett W. Adams, superintendent Page 30, after line 14, insert: "To Andrew Gleeson and Pah·ick Ma- of the United States mint at Carson City, Nev., the sum of $301, to loney the sum of $4,719.6 , being the interest due upon a judgment reimburse him for money paid out by him during the months of July rendered by the Court of Claims in cause No. 1G310, Maloney and Glee and August, 1894, to T. R. Hofer and L. L. Elrod, for necessary serv- son v. 'rhe United States, from the 26th day of Jtme, 1890. the day the ices rendered by them in the mint at Carson City, Nev.'' transcript of judgment was presented to the Secretary of the Treasury Page 30, after line 14, insert: "To Elizabeth L. W. Bailey, of Wash- for payment, until the 14th day of June, 18!)2, the day said judgment inrlon, D. C., administratrix of the estate of Davis W. Bailey, deceased, was paid, after the Government's appeal to the Supreme Court of the the sum of $10,519.20, in payment of the award made in favor of said t;nited States had been dismissed." administratrix and against said District and filed in the supreme comt Page 30, after line 14, insert: "To Eleonora G. Goldsborough widow of the District of Columbia by J. J. Johnson, tlre arbitrator, to whom of Surg. Chat·les B. Goldsborough, of the Marine-Hospital Sen·'ice the had been mutually submitted for arbitration by him, by the said Com- sum of 7,200, the equivalent of two years' salary at the rate of salary missioners and the said administratrix, the case then pending nnd he was receiving by law at the time of his demise, with allowances for untried in said court between said administratrix as plaintiff and the two .years." District of Columbia as defendant, known and designated upon the Page 30, after line 14, insert: "·ro the Good Sheperd Industrial calendar of said court as No. 24279, instituted therein for the recov- School, of Milwaukee, Wis., the suni o"2!l8.11, in payment and settle ery of damages by the plaintiff from the said defendant for alleged ment for amount expended by said Good Sheperd Industrial School in breach of contract by the said defendant for laying asphalt pavements the transportation of fifty-four Indian girls from Milwaukee Wis. to in said Dish·ict, and being the amount afterwards found and returned Devils Lake and other points in North Dakota.'' ' ' by the verdict of the jury upon a tr.ial in s~id ~ourt involving the Page 30, after llne 14, Insert : "To the Grand Rapids and Indiana ~· alidity of snld award and upon w1nch verdict JUdgment was duly Railway Company the sum of $25,039.75, for transporting the United entered in said court for said sum of $10,519.20, besides costs, and States mail under its present corporate name and under its former cor which said judgment was in all ~hings afterwards by the court of porate name, the Grand Rapids and Indiana Railroad Company over appenls of the District of Columbia affirmed, upon an appeal taken postal routes Nos. 24018 and 137018, daring the period betWeen iuly 1 thereto by the said District, and which said judgment was afterwards 1876 and June 27 1896, both inclusive." ' reversed by the Supreme Court of the United States, upon appeal taken Pa'ge 30, after line 14, insert: "To John W. Gommo late of Com thereto by said pistrlct, so~ely upo:r;t a. question of l~w in no wa~ in- pany F, Twelfth Regiment Pennsylvania Volunteer Caval~y, the sum of volving or a!fectmg the ments of smd Judgment c:>r sat? case: Pt·omded, 190, being the balance of bounty due him for services rendered the That the s!lld sum shall be accepted as full sabsfactwn of all of· the Government during the late war of the rebellion." claims of the said estate against ~he United States. And one-half of Page 30, after line 14, i.nsert: "To Maj. E. w. Halford paymaster said sum so awarded shall be patd out of the revenues of the said United States Army, the sum of $165.44, for refundina money to hrni Dish·ict of Columbia and one-half from the Treasury of the United which he disbursed through error and without fault on his part tor States." . . " travel pay to enlisted men on discharge." Page 30, after hne 14, msert: To Henry Ba.sb, the sum of $1,260, Page 30, after line 14, insert: " To Charles R. Hooper or his heirs beln.., the amount due him for office rent and expenses incurred by him the sum of $50 dollars per month for sixty months as full compensa wbile United States shipping commissioner at Port Townsend, Wash.. tion for loss of his left eye while employed by the United States Gov fi·om J'uly 1, 1886, to October 1, 1891, being sixty-three months, at 20 ernment in the capacity of first-class blacksmith in the forge bop in per mo'nth.'' . ~ the navy-yard in the city of Washington, D. C., in the year 1 94.'' Page 30, after lme 14, insert: 11 To Emile M. Blum, the sum of PaO'e 30 after line 14, insert: "To John Wesley Hoyt, of the Dls- $5 000, for services as commissioner-general to the Intern~tional Expo- trict ~f coiumbia, the sum of $5,000, for the expenses actually incurred sition at Barcelona, Spain." by him in the travel necessat·y to the preparation of his report on edu- Page 30, after line 14, insert : "To the legal representatives of A. G. cation in Europe and America, requested by Hon. William H .. Seward, Boone, of Laveta, Colo., the·snm of $12,291, in full satisfaction for his Secretary of State of the United States, and published by Congress in services and expenses as United States commissioner in negotiating the year 1870.'' the Indian treaty concluded February 18, 1861.'' Page 30, after line 14, insert: "To the Independent Line Steamers, Pa~e 30, after line 14, insert: "To Priscilla R. Burns. widow of the of. Tampa, Fla.. , the sum of $1,~44.18, in full settlement of all claims late Gen. William w. Burns, deceased, tJle sum of $7,987, in full pay- sa1d steamer Ime may have agnms~ the United State~ for d?-mages to ·ment ef the balance due him for royalty on 3,195 tents used by the the steamer Manatee, due to a colhsion with the U. S. S. Hillsboro in United States Government." Tampa Bay, Florida, on the pight of Novemb!r 18, 1901. And so much Page 30, after line 14, insert: "To the Chesapeake Bank, of Balti- of the net of July 1, 1902 (32 Stat. L., p. 5o7), as authorized the pay- 19'05. CONGRES.SION.AL RNCORD-· SENATE. 567 ment of $624..18 to the said Independent Llne Steamers rs hereby practice as ascertain~ and reportetf to the ·secretary- of War by a ~:epealed." · board M army omcers constituted for that purpose." Page 30, after line 14, insert:. "To Sarah El. J:enkins, ot Marylan~ Page 30, after line 14, insert: "To John Stewart, civil engineer, the daughter of the late Rear-A.dmirnl Thornton A. Jenkins, United. States sum of: $2,000, as- extra compensation for services rendered by him to Navy, the sum of $4,896, being. the difference between the retired pay the Government in connection with the Potomac Flats case." ot a rear-admiral and the highest pay of that grn.de, from- Marclr 25, Page 30, after line 14, insert: " To the legal representatives of J.814, to June 30, · 1877, in full cumpensation for the seukes of the G. B. Stimpson, of Pueblo, Colo., the sum of $325_, due him for clerk late Rear-Admiral Thornton A. Jenkins, United· States Navy, as com hire and expenses while serving as postmaster at South Pueblo, Colo. missioner and re11resenta.tive of the Navy Dei>artment at the Centen- Page 30, after llrre 14, insert: "To Thom..a.s C. Sweeney, of Wheellng, nial Exhibition in Philadelphia, 1876." · · W. Va., the sum or $5,000. in full payment for services of the steamer Page 30, after lrne 14, insert : " To Richard King, the sum of $5,000, Ben Franklin. during the year 1g63." . heing compensation in full for expenses incurred and permanent in Page 30, after line 14, insert: "To H. H. Thornton and Ben D~ fury sustained by reason of his being shot by a ·soldier of the: United Rochblaive, the owners of the steamer Monarch the amount of' interest .States Army while said soldier was on duty." · now due· on a judgment recovered against D. G. Brent, as collector of Page 30, after line 14, insert: "'.ro W. J. Kountz, his heirs· or legal customs at the port of Pensacola, Fla., April 29, 1901, in the United representatives, the sum. of $12.,487.14, the same being the amount States. circuit court. of the northern district of Florida, for $1,113.75, found due him by the Third Auditor, and approved by the Second ComiJ saia interest to be calculated from the date of rendition of judgment to troll_er of the Treasury, on vouc?-er.s properly- presented and on file., for date of its payment, n-amely, from the 29th day of April, 1901, to the serVIces actually rendered by hun in transporting troops and supplies 14th day of February,. 1902, at the rate of 4 per cent per annum: Pt·o on• the Yellowstone River, under a.. contract dated March 12, 1.87~ be vided,.._ That such sum shall be accepted in full satisfaction and pay tween the said Kountz and the Quartermaster's Department of the ment of the balance dne on said judgment, prlnelpal, interest, and United Sta.tes Army, at St. ·Paul, Minn., but which was withheld by costs." the accounting officers of the Government pending a suit by the United Page 30, ntter llne 14, Insert: "To Lincoln W. Tibbetts, of Portland, States to recover from said Kountz the sum of $22,845.51, from the M.e., the sum of $15,000, in full settlement and satisfaction of his claim payment of which sum he was. released and discharged by act of Con for losses snstalned by him in bringing back to New York the cargo o.f gress of February 19, 1895, and the order of the Secretary of War of the brig. Tornado, consisting of 8,000 kegs of gunpowder, shipped per March 24, 1897,. carrying said act. of Congress into effect." said brig Tornado from said port to New Orleans in December, 1860, of Page 30, after line 14, insert : " To Jean Louis Legare; of the which said Tibbetts was master .and managing owner, whereby said Dominion of Canada, the sum of $8,000, for services and money ex powder was prevented from falling into the hands of the authorities of. pended in bringing into the United States and procuring the surrender the seceding States!' · of Sitting Bull and, his followers, under the direction. of the War De Page 30, 'after lin-e 14, insert: "To Custis Parke Upshur, the sum of Dartment." $787.82, being the amount due him tor office rent and expenses Incurred Page 30, a!tel' Une 14, insert : " To the heirs and legal representa by him while United States shipping commissioner at Astoria, in the tives of those who were killed wfiile in the employ ot the United States State of Oregon, from July 1, 1886, to October 1, 1891, being for five In· the discharge. o! their duties on the 3d of July, 1893, at the. United years and three month~, at $12.50 per month." States torpedo station on Goat Island, in the harbor of Newport, R. I., Page 30, after line 14., insert: ".To H. W. Van Senden, administra by the explosion. of. the gun--cotton factory, the sum of $15 000 of tor of the estate of W. R. Austin. deceased, and Joseph W. Kay, of the which sum there shall be paia to the legal or personal representatives firm of W. R. Austin & Co., the sum of $35,000, proportioned as their of each of the following persons the sum of $5,000 : Frank Loughlin Interest may appear, for mo.tel'ials· furnished to the Interior Depart Jeremiah Harrington, and Michael O'Reagan: Pt·ov-ided, That where ment by said W. R. Austin & Co. for use in the Eleventh Census of the deceased left a widow and children, the widow shall receive one the United' States, the same to be in full for all said materials and all halt and the children shall share alike." vested rights." Page SO, after line 14, insert: "To Smith R. Mershon the sum of Page 30, after line 14, I-nsert: "To Wiel & Anumdsen, owners of the $192.50, for services rendered as. custodian of a distillery warehouse in Norwegian steamer Ragnar, the sum of $8,524.10, amount found due by Lincoln County, Ky., seized by a United States· revenue officer and held Consul-General Goodnow, for damages arising from the collision be for seventy-seven days by said Snilth R. Mershon under the orders of tween said steamer and the U. S. Army transport Sumner, in the the said United States revenue officer." Yangtze River, China,. on March· 18, A:. B. 1902... Page 30, after line 14, insert: " To Ramon 0. Williams, late consul Page 30, after line 1.4., insert : " To Pacific Pearl Mullett adminisl. general at Habana, the sum of $2,222.08, in payment of tha amounts fratrix of the estate of the late Al.fred B. Mullett, the sum. of '$2.,062.06, expended by him for clerk hire in excess of his allowances between July ln. full for the balance due her husband, the said Mullett, on account 1, 1892, and· Jtme_5, 1896; and to Joseph A. Springer, late vice-consul of. compensation and his actual expenses incurred as commissioner general at Habana:, the- sum of $200.54, in payment of the amounts appointed from civil life on the nav.y-yara commission, under· the pro expended by him for clerk hire ln excess of his allowances between visions of the act of August 5, 1882, making appropriations for the Oet-ober, 1892, and' June 30, 1895-; both amounts as shown on the rec naval service, said balance being based upon vouchers heretofore issued ords of the State Department and as recommended for payment by tlie and approved by the Secretary of the Navy and now in the possession of. State DeJ)artment. te the' Fifty-fifth and Fifty-sixth Congresses." the widow of said Mullett." Pllge 30, after line 14, insert: "To the persons hereinafter named, or Pag·e 30, after line 14, insert : " To Emma Morris, widow of Frank their heirs or~ legal r-epresentatives, whose claims were presented to and H. Morris, late Auditor for the War Department, who lost his li:fe on allowed by the State board of examiners of Nevada, or tried by the the 22d day of December, 1900, while in the discharge of his official Court of Claims, the several· sums, respectively, set opposite their duties in the Winder Building,_ the sum of 2,097.83, being. the balance names, in :full satisfaction fot" services rendered, money!'! eipendetl, of the salary which would have been due said Frank H. Morris June 30 1901." . indebtedness- incurred, and supplies and necessaries furnished in repel Page 30, after line 14, insert: " To Edward H. Murrell the sum. of ling ill.vasions and suppressing Indian outbreaks and hostilities within $.7,046.20, said sum to be received by the said EJ. H. Murrell in full sat the Terri~oriallimits of thE! ~resent State of Nevada, namely: · !s;fuction of all cla.i~ against the U¢ted States for the occupancy of u,UIOUNTS ALLOWED BY THE STATE. BOA.llD OF EXAMINERS, OF NEVADA. · h1s pl'operty in_ the c1ty of New Orleans, La., or. for collection of rents for the same, during the military occupancy of the city of New Orleans .. , Alexander Ash, $780. by the Federal forces during the war of 1861' to 1865, up to October "E1·astus Bond, $380. 2.8,,..}865." ' . ' " Solomon L. Blackwell, $281. Yage 30, after l.lne 14, insert: "To Nye & Sch)leider Co., of Fre " H. H. Bence, 300. · mont, Nebr., the sum of $61.13, being an unvaid balance on bill ren " Henry Bush, $100. dered for fuel furnished the United States Govetnm.ent by that company ... Isaac S. Burson, $160. durin&" the years 1893 and 1894 for the puri)ose of heating the post "William C. Bradley, $372. office ouHding at Hastings, Nebr., which said amount has remained un "John· C. Daniels, $290.75.. paid by reason of the appropriation for such purpose h-aving- been ex " Anthony Ethier, $385'. hausted." "W. W. Eichelroth, $620. Page 30, after lin.e 14, insert: "To the Postal Telegraph-Cable Com "Greely French, $385. pany, a corporation. incorporated under the laws of the State of New "Richard Gray, $322. York, having its principal offi.ee at No. 253 Broadway, New York City "George F. Gray, $322. the sum of $2,155.19, for telegraph service rendered to the Post-Office "James J. Hutchinson, $115. Department from July 1. 1889, to June 30, 1893." " Benjamin Hutchinson, $210. Page 30, after line 14, insert..: " To the Potomac Steamboat Company, " N. B. Isaman, $395. the . sum of $5,0!>0, that being the amount paid by the said Potomac "James J'Ones~ $365r Steamboat Company under a decree of the circuit court of the United "Joseph Kenville, $440. Sta.tes- for the eastern district of Virginia, affirmed by the Supreme "Charles D. Moore, $300. Court of the United States, to 'the Baker Salvag~ Company, for services "Newton C. Miller, 495. rendered to the steamer Excelsior. belonging to the said Potomac Steam n R. H: McDonald, $350. boat Company, when she was sunk by the United States steam tug " Patrick B. McCourt, $365. Fortune in Hampton Roads, Virginia, on the 4th day of December, 1882 " Richard Martin, $4-00. said amount to be received by the said Potomac Stealllboat Compn.ny- izi " Edward Muller, 294. full satisfaction of all claims and demands against the United St:rtes "James Morgan, $9,485. in consequence of the said collision." "'Michael Nichter, $308. Page 30, after line 14, insert: "To Alvin M. Ryerson, of Auburn " S. A. Ne-vers, $145. Me., the sum of 300, being the amount paid by QJ.m in August, 1864; "John Noyes, $250. as commutation on account of draft in Skowhegan, forty-eighth sub "Thornton A.. Reed, $142. district, third dilrtrict of Maine.,. "John Rickelton, $1,050. Page 30, after line 14, insert: "To the legal devisees of James W. " William Scott, $322. Schaumburg., deceased, the sum of $10,865.31, or as much thereof · "Volney B. Sabin, $485~ of n Matthew Smith, $180. as may be necessary, in settlement the amount of the pay and 1 allowance of a first lieutenant of dragoons, from July 1, 1836, to March ' Matthew Shusterech, $400. 24, 1845, as heretofore found to· be due to him by the United States "James D. Sears and James Thompson, $600; circuit court for the eastern district of Pennsylvania on the 23d day of "Charles W· Turner, $1,170. N{)vember, 1875." · " Gean V-on Schm1ttburg, $322. Page 30, after line 14, insert: "To A. M. Spear, $900; to Harriet S. " ;r. A.. Waddell, $355. Webster, $1,3f5'; to F. H. Harford, $250; to Margaret ill. McDonald, "John D. Winters, $!.l49." $400 ; to Nicholas Mospan, $165 ; to- Malvina H. Merriman, $125 ; to Page 30, after line H,. insert: J'ames Merriman, $150; to Mary E. Parker, $300; to. Mary E. Tingley, $75 ; to Hattie El. McCann, $19 ; to H:n:ry Wood, $76, all at Fort "AMOUNTS ALLOWED' BY COURT OF CLA..Il'riS-(RESIDENTS OF CXIPPLr. Freble, Me.; to Mrs. Emma Tatro, $3.72, at Fort Winthrop, Mass.; CREEK, TELLER COUN'.rY, COLO •.). to Katharine Jackman, $3, ann to Elizabeth· Dance, $25, botlL at " Daniel N. Kimball, $90. Fort llamilton, N. Y. ; to E. M. Ferguson, $25, at Fort H. G. Wright, "Daniel E. Kimball and John H. Alphin, $2,066:. N. Y., in payment of claims against the Government of the United ... John H. Alphin, $90." States, arising out of damages to private property by reason of ·morta.r Page 30~ after Une U, insert : 568 CONGRESSIONAL RECORD-SENATE. JANUARY 9, u CLAIMS OF ANTEBELLUM MA.IL CONTRACTORS. Page 30, after line 14, insert : ''That the proper accounting officers "(As shown in S. Doc. No. 92, 57th Cong., 2d sess.)" be, and they are hereby, directed to settle and adjust to Sarah K. Mc Lean, widow of the late Lieut. Col. Nathaniel H. McLean, all back pay Page 30, after line 14, insert : " To Henry 0. Bassett, sole surviving and emoluments that would have been due and payable to the said heir of Henry Opeman Bassett, deceased, the sum of $142.59, for mail Nathaniel H. McLean a major from July 23, 1864, to the date of his service performed as contractor on route numbered 6564, Florida, from as January 1, 1861, to March 31, 1861." reinstatement, March 3, 1875l and that the amount found due by said Page 30, after line 14, insert: "To Lottie Bowman, widow of Thomas adjustment is hereby appropr ated, to be paid out of any money in the R. Bowman deceased, the sum of $427.17, for mail service performed as 'rreasury not otherwise appropriated." contractor on route numbered 7841, Arkansas, from January 1, 1861, to Pag~ 30, after line 14, insert: "That the proper accounting officers May 31, 1861." - of the Treasury be, and they are hereby, authorized and directed to :Page 30, after line 14, insert: " To the estate of R. W. Bullock, de examine and settle the claim of John Scott, late sutler Twenty-first ceased, the sum of $D5.21, for mail service performed as contractor on Regiment New York Cavalry, for money alleged to be due him b¥ cer tain enlisted men of the _said regiment who had died in the servtce or 18(;\~}mmbered 5726, South Carolina, from July 1, 1860, to January 31, who had deserted; and in the examination of said claim the accounting Pag-e 30, after line 14, insert: "To the legal representatives of Henry officers are authorized to regard the certificate of the commanding of Fulenwider, deceased, the sum of $10,892.86, for mail service performed ficer of the regiment now on file with the case as equivalent to an as contractor on route numbered 7002, Alabama, from Apri 1, 1861, ev.try on the muster roll of the regiment; and a sufficient sum of money to Uay 31 1861." to pay the amount found du~ to John Scott is hereby appropriated, Page 30, after line 14, insert : " •_ro the Georgia Railroad and Bank out of any money in the Treasury not otherwise appropriated, to pay ing Company, formerly the Georgia Railroad Company, the sum of all of said claim not already settled by the United States with the $4,880.6 . for mail · ervlce performed ·as contractor on routes num men or their legal representatives." bered 6136, numbered 6143, and numbered 6144, Georgia, from Jan Page 30, after line 14, insert: "That the Secretary of the Treasury uary 1, 1861, to May 31, 1861." be, and he is hereby, authorized and directed to pay to Walter H. Tay Page 30, after line 14, insert: "To the heirs of Peter Johnson, de lor, administrator of Richard Taylor, deceased, of Norfolk, Va., the ceased, the sum of $1, 59.91, for mail service performed as contractor sum of $11,946.81, remaining unpaid, of the amount appropriated to ~~IJ:i'}Pte numbered 8588, Texas, from January 1, 1861, to May 31, b~ paid to John A. Brimmer, jr., administrator of John Gilliat, de 'ceascd, of the firm of Gilliat & Taylor, ln the act entitled 'An act Pnge 30, after line 14, insert: "To the Alabama and Tennessee making appropriations to supply deficiencies in the appropriations for River Railroad Company, the sum of $11, for mail service performed the fiscal year ending June 30, 1891, and for prior years, and for other as contractor on route numbered .7147, Alabama, from January 1, 1861, purposes: ' Provided, That the Secretary of the Treasury is satisfied to May 31, 1861." that an agreement was entered into in the year 1800 between the Page 30, after line 14, insert: "To the Charlotte and South Caro members of said firm of Gilliat & Taylor, by which the late Richard lina Railroad Company, the sum of $4,589.01, for mail service per 'Taylor became, upon the dissolution of said firm, entitled to the assets formed as contractor on route nnmbered 5673, South Carolina, from of said firm. And so much of the act of June 30, 1891. as authorized January 1, 1861, to May 31, 1861." the payment of the said sum of $11,946.81 to the administrator of Page 30, after line 14, insert: "To the administrator of the late John Gilliat,-de.ceased, is hereby repealed.'' D. . ll'arrar, the sum of $63.52, for mail service performed as con Page 30, after line 14, insert: "'That the Secretary of the Depart tractor on route numbered 4277, Virginia, from January 1, 1861, to ment of Commerce and Labor be, and he is hereby, authorized and di llarch 31, 1861." rected to examine the claim of the Wales Island Packing Company, ra~e 30, after line 14, insert: "To the Greenville and Columbia for injury to its business and property on Wales Island on account of Raill'oad Company, the sum or $3,273.97, for mail service performed as the recent de_cision of the Alaska boundary tribunal, under which the contractor on route numbered 5674, South Carolina, from January 1, possession of said island has passed from the United States to the 1801, to March 31, 1861." Dominion of Canada, and allow to said company whatever sum may Page 30, aftet· line 14, insert: "'l'o the Laurens Railroad Company, be found due, not exceeding $81,689.60. And such sum so found due the sum of $375. !or mail service performed· as contractor on route shall be paid to the Wales Packing Company: Provided, That the said numbered 5711, South Carolina, from January 1, 1861, to March 31, sum shall be accepted by the said company as full satisfaction of all 1861." of its claims against the United States arising from said injury; and Page 30, after line 14, insert : " To the Manassas Gap Railroad the said sum ls hereby- appropriated out of any money in the •rreasu.ry Company, the sum or $89.12, for mail service performed as contractot· not otherwise appropriated." on route numbered 4251, Virginia, from April 1, 1861, to May 31, 1861." Page 30, after line 14, insert: "That the Secretary of the Treasury Page 30, after line 14, insert: "To the Memphis and Charleston is hereby authorized to make settlement with James M. Willbur for ex Railroad Company, the sum of $20,947.93, for mail service performed cess in weight of material and excess in the superficial measurement as contractor on route numbered 7096, Alabama, from January 1, 1861, of illuminating tiling, frames, and supports thereof, placed by said to May 31, 1861." Willbur in, on, and around the New York City post-office and court Page 30, after line 14, insert : " To the Richmond and Danville Rail house building beyond what he was required to:furnlsh by his contract road Company the sum of $15.95, for mail service performed as con with the United States, according to samples submitted and accepted, tractor on route No. 4183, Virginia, from .April 1, 1861, to May 31, either upon the report of such excessive weight and superficial meas1lre 1801." ment furnished by the direction of the Secretary of the Treasury and Page 30, after line 14, insert: "To the Richmond and York River Senate committee, by the experts,. Solomon J. Fague and Ar<'hibald Rai11·oad Company the sum of $270.35, for mail service performed as Gf-ven, of date April 21, 1886, to the Senate committee, and on file contractor on route No. 4612, Virginia, from December 25, 1860, to May with the Senate Committee on Claims ; but it not satisfied with tht:! 31, 1861." . report of such experts, the Secretary of the Treasury shall, within Page 30, after line 14, insert : " To the South Carolina Ra~road thirty days from the passage of this act, appoint three competent per Company the sum of $46.70, for mail service performed as contractor sons, who ehall be du1y sworn to ascertain and report the sum, lf any, on .route No. 5602, South Carolina, from January 1, 1861, to May 31, which in justice and equity ought to be paid James M. Willbur for 1861." excess in weight of material and excess in the superficial measurement Page 30, after line 14, insert: "To the Western North Carolina of illuminating tiling, frames, and supports thereof, placed by sa-id Railroad Company the sum of $122.69, for mail service performed as Willbur in and around the New York City post-office and court-house contractor on route No. 5176, North Carolina, from January 1, 1861, building, beyond what he was required to furnish by his contract I'LS to May 31, 1861." aforesaid, such sum to be determined by the prices fixed in said con Page 30, after line 14, insert: " To Malinda S. Gray, widow and legal tract, so far as they are applicable. The s:ud persons so appointed representative of Frederick P. Gray, deceased, the sum of $356.10, for shall also ascertain and report any increased or eXtra expense or co~t mail services performed as contractor ori route 10171, from Clarks incurred by said Willbur resulting from any changes and additions made burg to Paris, Tenn., from January 1 to March 31, 1861." in and to the weight, measurement, and character of said tiling, or in Page 30, after line 14, insert : . the quantity thereof, from that which was specified in said contract; and that the Secretary of the Treasury shall, within sixty davs afte1• " FOR INVESTIGATIO~ AND REPORT. the making of said report, pay to said Willbur such amount as he shall " That the Auditor for the State and other Departments be, and he is find from such report to be due to him, which sum shall he tak('n hereby, authorized to examine all claims which may be presented in and received by said Wlllbur in full and final settlement of all and proper form by the different counties in Arizona Territory, and to as every claim against the United States on said account; and such sum certain the amount due each of said counties on account of legal costs as may be necessary to pay the amount so fou~d due is hereby appro and expenses incurred from March 3, 1889, to June 30, 1899,. in the priated out of any money in the Treasury not otherwise appropriated." prosecution of Indians under the act of March 2, 1885 (23 Stat. L., p. Pa17e 30, after line 14, insert: "To refund internal-revenue taxes 385), for which the United States is liable under act of March 3, 1889 illegally collected from owners Qf private dies, the following amounts, (25 Stat. L., p. 1004), and which have been paid by said counties; ot· so much as may be found due by the accounting officers of the and the amounts so found shall be certified by the Secretary of the 'rreasury Department, to wit: Treasnry to Congress for a deficiency appropriation." "To American Match Company, of Cleveland Ohio, $358.63; Dr. Page 30, after lin~ H, insert : J. C. Ayer & Co., $8,435; Barclay & Co., $211.25; B. Bendel & Co., " FOR INVESTIGATION AND SETTLEMENT." $584.17 ; William Bond, $40 ; D. Brandreth, $1,965 ; Brocket & New· ton, $280; Frederick Brown, $521.71; Joseph Burnett & Co., $249.90; Page 30, after line 14, insert: "That the Secretary of War be, and Byam, Cal·Iton & Co., $28,240.75; Centaur Company, $39.58; Clark he is hereby, authorized and directed to examine the claim of John Match Company, $970; Cowles & Lech, $1,084-.52; Curtiss & Brown, Conner, sr., for payment of a sum alleged to be due for 20.1 acres of $24; M. Daily, $4,395; James Eaton, $4,305; P. Eichcle & Co, cleared land, 7.71 acres of timbered land, 500 bushels of corn, and 20 $7,427.72; Excelsior Match Company, $39S.27; B. A Fahenstock & bales of cotton, said land and other property alleged to have been Co., $1~0 ; Fleming Brothers, $1,300; William Gates, $23,104.81 • taken and appropriated by the United States in constructing a levee A. J. Grtj17gS, $1,358.75; R. P. Hall .& Co., $2,050 ; Samuel Hart & Co.: at Ashport, Lauderdale County, Tenn., in 1886 and 1887, under the $2,861 ; . E. Hethrington, $95 ; H1scox & Co., $12; C. E. Hull & Co., supervision of the llississippi River Commission, and allow hlm what $81.96; Thomas :r. Husband, $154.70; T. '1'. Ives, $85.95; DJ'. D. ever the said land and other property are reasonably worth, not exceed Jayne & Son, $4,321; J. S. Johnson & Co., $279.7G; Johnston, Hollo ing the sum of ~1,279.60, the amount so allowed to be in full payment way & Co., $102 ; Ken~edy & Co., $126.66 : Lawrence & Cohen, for said land and other property alleged to have been taken and appro $2,862; C. S. Leete, $50<>.91; John J. Levy, $1,153.20 b. C. W. Lord priated: Pt·ovided, That none of the said amount shall be paid to the (Lord & Robinson), $1,328.27 · .Andrew S. Lowe, , 5l; r. J. H. Mc claimant until after he shall have executed and delivered to the proper Lean, $970; Merchants' Gargling Oil Company, . 536.29; A. Messen officer of the Government all papers necessary to give to the United ger, $4,895; Newbauer & Co., ~480; New York Consolidil.ted Card States a title in fee simple to all of the aforementioned land, but nothing Company, $215 ; ~ay V. Pierce $969.22 ; D. Ransom, Son & Co., in this proTiso shall be held to compel claimant to pay any taxes which $748.20 ; D. M. Rtchardson, 20,955 ; Richardson Match ~ompany may have accrued against this land during its occupancy by the Govern ~4,730.50; H. & W. Roeber, $958.91; William Roeber, $2,804; .T. H: ment : And provi-ded further, That the acceptance by the claimant of :Schenck & Son, $1,284 · Schmitt & Schmittdie, $2,282.09; .T. E. the amount so allowed shall be considered as full sati.sfaction of his Schwartz & Co., $90 ; Sc.hwartz & Haslett, $150 ; A. L. Scoville & Co., claim. And whatever sum shall be found due on such examination $784; H. Stanton, $3,163.25; Swift & Courtney, 4,650; Herman shall be pa.id to the said John Conner, sr., and is hereby appropriated Tappan, $5; E. R. Tyler, $45; A. Vogeler & Co., $265.50; .Tames H. out· of anJ money in the Treasury not otherwise appropriated." Weedon, $895; World's Dispensary Medical Association, $30.10." 1905 . . CONGRESSIONAL .RECORD-. SENATE. 569 Page 30, after line 14, Insert : spirits and malt liquors during the years 1868, 1869, 1870, 1871, and 1872, be, and is hereby, referred to the Court of Claims; and said court " FOB :REFERENCE TO THE COURT OF CLAIMS." is hereby vested with power and jurisdiction, notwithstanding the statute of limitations, to hear, determine, and adjudicate the validity rage 30, after line 14, insert: "That the claim of the legal repr_e of said letters patent, the title of the assignees respectively, to the sentatives of Eli Ayres, deceased, for the value and proc~ed~ o~ certam same, and the amount of compensation, if any, wnich1 should in justice parcels and sections of land situated in the State of MissiSSlJ!Pl, and. to and equitl be made to said claimants, or any of them, respectively, for which the said Eli Ayres claims to have held the legal or eqmtable title the use o said invention by the United States as aforesaid, and to ren at the time of his death, which title as claimed was acquired and de der final judgment therefor ; that upon the trial of the questions arising rived by him by purchase and deeds from certain Chickasaw Indians in said court shall receive as competent evidence the testimony in the case the year 1839, the Chickasaw Indi~ as g,rantors in said d~eds h~v of Fletcher v. The United States and the case of Solomons v. The Lng del"ived and acquired their respective title or. titles to the sa1d parc!:!ls United States heretofore pending and dec.ided in said Court of Claims or sections of land by grant and treaty stipulations in accordance 'Ylth and of record therein, together with such other evidence as may be pre the provisions contained in the treaty concluded between the Umted sented upon said hearing; and from the judgment of said court either States and the Chickasaw Nation of Indians on May 24, 1834, amenda party may appeal to the Supreme Court of the United States in the tory of the treaty of October 20, 1832, and which. said parc~ls or sec manner and within the time provided by statute for appeals from judg tions of land and the proceeds thereof, in whole ?r m part, it }S alleged, ments rendered by said court." have been, without right or _title thereto, a~d without authority, either in law or in equity appropriated by the Umted States Government and Page 30, after line 14, insert: "That the claim of John S. Mosby for 1 the value of 7,900 pounds, more or less, of tobacco, mentioned in an held or disposed or by said Government as its own property,_ or other official paper dated at Rocketts Landing, Richmond, Va., July 27, 1865, wise be and the same is hereby, referred to the Court of Claims of the signed ' W. H. D. Cochran, major, depot quartermaster,' and purporting United States and jurisdiction is hereby conferred on said Court of to give a 'list of captured tobacco marked in the name of Col. J. S. Claims to proceed, according to the principles an.d rules of both l~w and Mosby, transferred to Col. J. S. Loomis, Treasury agent, June 7, 1865,' equity to find the facts as to the purchase of said parcels or sections of be, and the same is hereby, referred to the Court of Claims of the land f~om said Chickasaw Indians by said Ayres and as to the deeds re United States, with full jurisdiction to try and adjudicate said claim ceived by him from the said Indian~, and the amout:ts paid by said 3.lld render judgment against the United States in such sum as may be Ayres to said Indians per acre for said parcels or sectiOns of land, and found just by said court, without the interposition in behalf of the as to the title ·of said Ayres to the same; and also to find the facts as Government of any bar arising from the existing statutes of limitations. to the alleged appropriation by the United States Government of the sa!d Right of appeal to the Supreme Court of the Unit-ed States is expressly parcels or sections of land alleged to have been so purchased by sud reserved to the Government and to the claimant. But it is provided Ayres from the said Indians, and what disposition, if any, bas ~een made that any portion of such sums representing tobacco beneficially belong of the same by the United States, whether the same has been drsposed .of ing to the father, sister, or other relatives of said Mosby shall be held by the United States under the public-land laws, and all the matenal in trust by him accordingly." facts in connection therewith, embracing the amount that should be Page 30, after Une 14, insert: "That the claims for the further paid to the legal representatives of said Eli Ayres,. de.ceased, by reason compensation for the construction of the ironclad monitors Saugus, of the loss occasioned to him, if· any, by the appropnation by the Govern Cohoes, and Napa may be submitted severally by the contractors or ment of the said parcels or sections of lands purchased from said Indians their legal representatives within one year after the passage of this as herein claimed; and what amount of th~ proceeds of the sales. of act, to the Court of Claims under and in compliance with the rules and said land. if any, is held by the Government m ~rust for the said. Chick asaw Indians· and also whether any of the smd parcels or sections of regulations of said court, and said court shall have jurisdiction to hear land are still 'held and not disposed of by the United States; and the and determine and render judgment upon the same upon the following court is authorized to find any other fact or facts of importance to the basis : The court shall ascertain and allow the additional cost which parties which may arise in this claim; and when the court has found was necessarily incurred by the contractors for building the ironclad the facts under the provisions of this act, it is hereby authorized and monitors Saugus, Cohoes, and Napa in the completion of the same by directed to report the same to Congress; and in considering the merits reason of any changes or alterations in the plans and specifications re of the claim in the finding of the facts, affidavits of persons now quired and delays in the prosecution of the work: Provided, That such dead reports of officers of the United States Government, reports additional cost in completing, and such changes or alterations in the of committees of both Houses of Congress, and the several deeds plans and specifications required and delays in the prosecution of .the from the said Chickasaw Indians conveying said parcels or sections of work were occasioned by the Government of the United States ; but no land to Eli Ayres, deceased, and all papers now on file with the allowance for any advance in the price of labor or material shall be claim in Congress or with the committees of either House relating to considered which could have been avoided by ocdinary prudence and such claim shall be considered by the court, and such weight given diligence on the part of the contractors: And proVided further, That thereto as may be deemed by the court to be right and proper." the compensation fixed by the contractors and the Government for spe Page 30 after line 14, insert: "That jurisdiction is hereby given cific alterations in advance of such alterations shall be conclusive as to the Co~rt of Claims, notwithstanding any failure to protest and to the compensation to be made therefor: Provided, That such altera appeal to bear and try the claims of Bates & Despard, and of Despard tions, when made, complied with the specifications of the same as fur Brothers and of the estate of Charles L. Perkins, liquidating partner nished by the Government aforesaid : And pro-vided further, That all of Perkins & Choate, and of the Illinois Steel Company as assignee, moneys paid to said contractors by the Government over and above the for refund of import duties paid in excess of the duties imposed by original contract price for the building of said vessels shall be deducted law on steel blooms imported during the years 1879, 1880, 1881, and from any amounts allowed by said court by reason of the matters hereinbefore stated : And pro'V'ided further, That if any such changes 1882 and to render judgment, notwithstanding section 3477 of the caused less work and expense to the contractors than the original Rcvi~ed Statutes, in their favor, and in favor of the representatives of plans and specifications, a corresponding deduction shall be made from said estate, respectively, for sue}?. sums as were paid by them and by any allowance by said court." Perkins & Choate, and by the Umon Iron and Steel Company, in. exce. s Page 30, after line 14, insert: '' That the claim of Priscilla J. Ship of the leaal duty: Provided, That the petitions shall be filed m said man administratrix of the estate of John J. Shipman, deceased, late of court within one year after the passage of this act." the District of Columbia, for work done and materials furnished for the Paae 30 after line 14, insert: "That the claim of the contractor, or use of said District of Columbia by the deceased in his lifetime, be, and his !~gal representatives, for the construction of the light-draft mon the same is hereby, referred to the Court of Claims for adjudication itor Etlah may be submitted by said contractor, or his legal representa according to the fair and reasonable value of such work and labor and tives within six months after the passage of this act, to the Court of materials, the amount found due over and above any payments hereto Clauns under and in compliance with the rules and regulations of said fore made in respect to said claim to be payable according to the pro court 'and said court shall have jurisdiction, legal an<} equitable, to visions of the act of Congt·ess approved June 16, 1880 (21 Stat. L., bear 'and determine and render judgment upon the same : Pt·ovided, 2 4) : Provided, That any judgment rendered under this act shall be however That the inve tigation of said claim shall be made r:pon the payable in money, as other judgments against the District of Columbia following basis : The said court shall ascertain the additional cost are paid." which was necessarily incurred by said contractor for building said Page 30. after line 14, insert: "That jurisdiction Is hereby conferred light-draft monitor Etlah in the completion of the same by reason of on the Court of Claims to readjudicate tlle case of J. E. Simpson & Co. any changes or alterations in the plans and specifications required and t'. The United States, being numbered 18028 on the docket of the · delays in the prosecution of the work : Provided further, That such said court, upon the evidence therein and such further competent evi additional cost in completing the same and such changes and altera dence as may be adduced by either party within such reasonable time tions in the plans and specifications required and delays in the prose as the court may fix and determine, and if the said court shall find cution of the work were occasioned by the Government of the United upon such readjudication that the said firm sustained damage or loss States · but no allowance for the advance in the price of any labor or in the construction of a timber dry dock for the United States at the . material shall be considered unless such advance could not have b~n New York Navy-Yard, during the years 1887 to 1890, by reason of the avoided by the exercise of ordinary prudence and vigilance on the part fact that the soils underlying the site selected and provided for the of the contractor: And provided further, That the compensation fixed said di'Y dock by the United States were unstable or were not as de by the contractor and the Government for specific alterations in ad scribed by a profile and report furnished to the said firm by agents of vance of such alterations shall be conclusive as to the compensation the United States prior to the execution of the contract for the said to be made therefor: P1•ovided, That such alterations when made com dry dock between the said firm and the United States, the said court is plied with the specifications for the same as furnished by. the Govern hereby authorized and empowered to enter judgment in favor of the ment: And provided further, That all money.s _paid to said con.tr'actor said firm for the amount of its damage or loss so found." by the Government over and above the ongmal contract pnce for Paae 30, after line 14, insert: "That the United States Court of buildin"' said vessel shall be deducted from any amounts allowed by Clainfs be, and is hereby, given jurisdiction to rehear and render judg said co'Urt by reason of the matters hereinbefore stated: And provided ment without regard to the statute of limitations, in the claim of furlhel· That if any such changes caused less work and expense to the John'L. Smithmeyer and Paul J. Pelz, for compensation for their serv- . contractor than the original plans and specifications a corresponding ices in preparing the plans for the building for the Library of Congress, reduction shall be made from any allowance which may be made by and no prior settlement or adjudication of their claim for compensation said court to said claimant: And provided fut"ther, That said claim for said services shall be a bar : Provided, however, That the measure may be submitted as aforesaid, notwithstanding any statute of limita of compensation shall be awarded upon a quantum meruit basis for all tions or proceeding heretofore instituted for the collection of said services rendered until such plans were accepted by the United States; claim · and in any proceedings heretofore instituted before said court, and in the absence of express contract the rate of compensation subse prior to the grant by said Congress of general equitable jurisdiction to quently paid to the claimants for services in the construction of the said court, any testimony that may have been taken under the rules of Library building shall not be evidence of the value of the services of said court, and any findings ot' fact which may be based thereon, shall claimants in preparing such plans : And provided further, That the be dulv considered by the court and given such weight and effect as the measure of compensation shall not exceed the rates and rules estab court shall deem equitable and just." lished by the custom and usage of the profession of architects for such Page 30, after line 14, insert : " That the claim of Hyland C. Kirk, services, and in no event shall such compensation exceed the sum of of Pittsburg, Pa., and others, assignees of Letters Patent No. 101,604, $50,000 ; and the evidence heretofore taken and used by either party dated April 5, 1870 (antedated October 5, 1869), t'or an improvement in the Court of Claims shall be competent in this suit and considered in adhesive postal and revenue stamps, iss~~d to Addison C. Fletcher with such other evidence as either party may introduce." and assigned to Hyland C. Kirk and others, for compensation for the Page 30, after tine 14, insert: "That the claims of the leg~l or equi use of said letters patent and the invention therein described by the table owners or claimants of the float or lighter known as " Southern · United States Government in the collection of revenue on distilled Railway Lighter No. 10," and cargoes, freight, and personal efl'ec t~ 570 ·coNGRESSIONAL RECORD-SENATE. J .A.NU ARY 9, thereon, alleged to have been sunk, lost, or greatly damaged by collision tax-paid spirits stamps forwarded by reglstel'ed mall March 21, 1902, \\Tlth the United States Army transport Sumner, in the harbor of Nor under regular instructions of the Commissioner of Internal Revenue, to folk, Va., on or about the 17th day of March, 1900, be referred to the the Treasury Department, whlch were destt·oyed by fire in a railway Court of Claims, with jurisdiction and authonty to hear and determine postal car near Charlottesville, Va." the same to judgment, with the right of appeal as in other cases : Pro Page 30, after line 14 insert: "That Brig. Gen. Wager Swayne be tJidea, That no suit shall be brought under the provisions of this act credited with $4,000, which sum was paid over to him by Capt. W. B. after six months from the date of the passage thereof: A.na protJidea Armstrong, adjutant-quartermaster, and by said Swayne disbursed on fut'ther, That no judgment shall be rendered against the Government account of the bureau of refugees, freedmen, and abandoned lands." unle s it shall affirmatively appear from the evidence adduced that such Page 30, after line 14, insert: collision was the result of negligence on the part of the United States or its agents." . u LIMITATION. Pal:fe 30, after line 14, insert: "'For reference to court of admi "In case of the death o! any cla.lmant, or death or discharge of any ralty.' executor or administrator of any claimant herein named, then payment Page 30, after line 14 insert: "That the claims of the owners, mas of such claim as herein provided shall be made to the legal representa ter, and crew of the sChooner Ella M. Doughty, of Portland, Me., for tives: Pt·oviaed., That where a claimant is dead the administrator, damages and losses sustained by reason of collision of the United States executor, or legal representative shnll file a certified copy of his bond, battle ship Massachusetts with said schooner off South Shoal light-ship which bond must b.e at least equal In amount to the su.m hereby appro on or about the 27th day of June, A. D. 1901, be, and. the same are priated: And provided further, 'fhat in all cases where the original h~reby referred fo1· examination and adjudication to the district eourt claimants were adjudicated bankrupts the payments shall be made to nf the United States for the district of Maine ; that said parties, or the next of kin instead of to assignees In bankruptcy; but these Erovi u.ch of them as shall choose to join therein, may, at any time within sions shall not apply to payments in the cases of the French spol ation twelve months from the final passage of this act, rue in said court a claims, which shall be made as heretofore prescribed in this act : A.na petition, which thereafter may be amended at the discretion of the court provided further, That wherever under thiS bill lt Is provided thn.t a in the same way that other pleadings in said court are amendable, which payment be made to an executor or an administrator, whether origlnal petition shall set forth all the material facts upon which the said or ancllary or de bonis non, and such executor or administrator is dead parties jointly or severally rely in support of their said claims; and the or no longer holds his office, the payment shall be made to the successor ourt shall thereupon order such notice to be given to the United States, therein~-. hls title to hold such office being established to the satisfaction or to Its representatives, and such further proceedings to be had as to of the i::iecretary of the •.rreasury." answer~:~ or other pleadings In said case as It shall deem proper ; that The bill was reported to the Senate as amended. in regard to the trial or hearing of said cause the same rules and modes Mr. W .ARREN. The senior Senator from Virginia [Mr. MAR· o! proceedings as to evidence, mode of trial, liability for damage, and mE>asurement of damages, and otherwise, including the right of appeal, TIN], a member of the committee, has called my attention to the shall apply as in other causes of admiralty between individual owners possible necessity of an amendment to come in at the end of the of colliding vessels, and shall also be determined upon such legal or bill, which I will ask him to read. equitable principles as shall be applicable thereto ; that said claims shaH not be barred by any statute of limitations; and should it on the :M:r. MARTIN. After the word " Treasury," page 224, line 23, said trial or final hearing be determined that anything is due to the I move to insert the following : said parties, the said court shall render judgment therefor against the United States for the amounts so found to be due to them jointly or And whenever under this bill ft Is provided that a payment shall severally and certify the same to the Secretary of the Treasury of the be made to a corpora.tlon and such corporation has been merged in or United States for payment ; and the su.m necessary to pay the same is consolidated with another corporation payment shall be made to the hereby appropriated out of any moneys in the Treasury not othe1·wise corporation with which the consolidation or merger has been made. appropriated." The PRESIDING OFFICER. The question is on agreeing to Page 30, after line 14, insert: "That the claims of the owners and officers of the brig Olive Frances. o1 Machiasport, Me., and others on the amendment proposed by the Senator from Virginia to the board said brigt for damages and losses sustained by reason of col amendment of the committee as amended. Usion of the U. S. gunboat Winooski with said brig, on July 30 The amendment to the amendment was agreed to. \A.. D. 1866, be, and the same are hereby, referred tor examination and adjudication to the district court of the United States for the district The amendment was ordered to be engrossed and the bill read of Maine ; that sald parties, or such of them as shall choose to join a third time. therein, may, at any time within twelve months from the final passage The bill was read the third time and passed. of this act, file in said court a petition, which thereafter may be amended at the discretion of the court in the same way that other The title was amended so as to read: "An act for the allow· pleadings in said court are amendable! which petition shall set forth all ance of certain claims reported by the Court of Claims, and for the material facts upon which the sa d parties jointly or severally rely other purposes." in support of their said claims ; and the court shall thereupon order such notice to be given to the United States, or to its representatives, HEIRS OF JOHN 0. RIVES, DECEASED. and such further proceedings to be had as to answers or other ~plead ings in said case as it shall deem proper ; that In regard to the trial or Mr. GORMAN. I ask unanimous consent that the Senate pro· hearing of said cause the same rules and modes of proceedings as to ceed to tl•e consideration of the bill (S. 3718) ·to quitclaim all evidence, mode of trial, liability for damage and measurement of dam ages, and otherwise, Including the right of appeal, shall apply as 1n the interest of the United States of America in and to all lands other causes of admiralty between individu~l owners of colliding ves lying in the District of Columbia and State of Maryland to sels, and shall also be determined upon such legal or equitable princi heirs of John C. Rives, deceased. ples as shall be appllcable thereto; that said claims shall not be barred by any statute of limitations ; and should lt on the said trial or final The Secretary read the bill, and, by Jlnanimous consent, the hearing be determined that anything Is due to the said parties, the said Senate, as in Committee of the Whole, proceeded to its consider· ·court shall render judgment therefor against the United States for the ation. It authorizes the Secretary of the Interior to grant and amounts so found to be due to them jointly or severally and certify the same to the Secretary of the Treasury of the United States for pay convey unto the heirs and assigns of John C. Rives, deceased, of ment; and the su.m necessary to pay the same Is hereby appropriated the State of Maryland, all the right, title, and interest of the out of any moneys in the Treasury not otherwise appropriated." United States in and to 8. certain lot of land lying partly in the Page 30, after line 14, Insert : . District of Columbia and the State of Maryland, consisting of 11 RELIEF ll'ROM LIABILITY." about 52 acres, more or less, as described in the will of John 0. Page 30, after line 141 insert: "That the Secretary of War be, and Rives. he is hereby, authorized and directed to release Centrhl University of The bill was reported to the Senate without amendment, or· the State of Kentucky, and A. R. Burnam and John Bennett, sureties, from the payment of 556.72 for small arms and ordnance stores fur dered to be engrossed for a third reading, read the third time, rushed Central University of the State of Kentucky, which were lost, and passed. destroyed, or taken away without fault or negligence of Central Uni CUSTIS P ABKE UPSHUR. versity of the State of Kentucky, or the sureties, A. R. Burnam and John Bennett." The PRESIDING OFFICER. The Senate will proceed to Paa-e 30, after line 14, insert: "That the Secretary of the Treasury be and he is hereby, authorized and directed to credit James ·Denton, the consideration of the Calendar under Rule VIII. cohector of internal revenue for the eighth district of Kentucky, with The bill ( S. 2020) for the relief of Custis Parke Upshur was the sum of $57,189.77 (toss of tax-paid spirits stamps to the amount announced as first in order on the Calendar. of $49,401 and stubs or coupons to the amount of 7,788.77) for stamps charged to him and lost In transit." The PRESIDING OFFICER. This bill was considered as in Page 30, after line 14, insert: "That Robert D. McAfee and John Committee of the Whole January 6, and read in full. Chiatovich be, and they are hereby, released and discharged from all Mr. PLATT of Connecticut Is there a report? obligation to the United States on account of the official bond executed by them on the 14th day of February, 1890, as sureties for the tate The PRESIDING OFFICER. There is. Elias B. Zabriskie as melter and refiner of the United States mint at Mr. PLATT of Connecticut I wish that it might be read. Carson City, Nev.'1 Page 30, after line 14, Insert: "That the Secretary of the Treas The PRESIDING OFFICER. The bill was read and consid· ury be, and he is hereby, authorized and directed to accept the sum ·ered as in Committee of the Whole January 6, and the reading of $23,897.70 from the heirs or legal representatives of D. C. McCan of the report was not concluded at the close of the morning and Edward Conery, sr., sureties on the bond of Andrew W. Smythe hour. Does the Senator from Connecticut desire have the formerly superintendent of the mint at New Orleans, La., in fuil to settlement and compromise of all claims on the part of the United entire report read! States against the estates of D. C. McCan and Edward Conery, sr., · Mr. PLATT of Connecticut. I should like to have it read or their heirs, legatees, and successors, growing out of and arising from to have some statement of what the bill is. the jud~ent rendered against them and in favor of the United States in the united States circuit court for the fifth circuit and eastern Tbe PRESIDING OFFICER. The Secretary will read the district of Louisiana, New Orleans division, . in the cause entitled report of the committee. · • United States against Andrew Smythe and others,' numbered 12329 of the docket of said court; and that, upon payment of said su.m, full The Secretary proceeded to read the report submitted by Mr. receipt and acquittance be granted to said parties." FULTON, from the Committee on Claims, February 24, 1904. Page 30, after line 14, insert: "That the Secretary of the Treasw·y .Mr. WARREN. In view of the fact that the bill is included be, and he is hereby, aut.horized and directed to credit the accounts of Loui J. Souer, collector of internal revenue for the collection district in the omnibus claims bill, I ask that it be passed over without of Louisiana, with the sum of $3,861.88, being the value of coupons of prejudice. 1905. CONGRESSIONAL RECORD-SENATE. 571 The PRESIDING OFFICER. Such will be taken as the sense .....q'he PRESIDING OFFICER. Tile senior Senator from Ala ot the Senate, in the absence of objection. bama [l\Ir. Mo&GAN], pursuant to notice, is entitled to the :tloor. REFERENCE OF REPORT OF MERCH.A.NT MARINE COMMISSION. :Mr. MORGAN rose. · Mr. STEW.ART. I should like to gi1e notice that when the Mr. GALLL.~GER. Mr. President, some days ago I submitted Senator from Alabama gets through I shall make some remarks in behalf of the Merchant Marine Commission a report which on the pending bill. was ordered printed, but it was not referred. This morning the Mr. MOR(}AN. Mr. President, in the consideration of this views of the minority were presented and referred to the Com measure, which in its final effect is not a bill, but a concurrent mittee on Commerce, and I now ask to have the report which I resolution of the two Houses of Congress, since its real vital submitted some days ago formally referred to the Committee on force is the creation of two States by compact with four Terri Commerce. tories, the Senate is performing, conjointly with the House, the The PRESIDING OFFICER. The report, which has been highest, most independent, and most discretionary function that heretofore ordered printed, will be referred to the Committee on is confided by the Constitution to any branch of the Govern Commerce. ment NATIONAL PARKS IN CALIFORNIA. It is the highest function of the Government under the Con The bill (S. 3376) to authorize the Secretary of the Interior stitution of the United States, because it is creative of new to acquire for the GoYernment, by exchanges of public lands, the States that are invested with the sovereignty that is intrusted ownership of the private lands within certain public parks in to a body of our people for all the purposes of local self-gov the State of California, was considered as in Committee of the ernment and will forever stand more nearly related to their 'Vhole. Wherever, and to the extent that the lands within the' personal rights, duties, and obligations, and are more their pro Sequoia National Park, the Yosemite National Park, and the tector, ruler, judge, and servant than any other power in General Grant National. Park, in the State of California, are the Republic. It is the most independent branch of. the Gov held in private ownership, the Secretary of the Interior is au ernment, because no Department can direct or control or r~ thorized, in his discretion, to exchange therefor public lands of verse or repeal its final decree, or place any limits upon its dis like area and value which are vacant, unappropriated, not creti-onary right to admit or to refuse to admit States into the mineral, not timbered, and not required for reservoir sites or Union. - other public uses or purposes. In the exercise of this discretion the two Houses are not ex The bill was reported to the Senate without 3.mendment, or pressly confined by the Constitution to any method of procedure dered to engrossed for a third reading, read the third time, a11d or to specific requirements as to the conditions upon which passed. statehood may be granted to the people who apply for it But LANDS FOR WANDERING INDIANS IN MONTANA. no Senator or Representative is ever relieved from the obliga tion to support the Constitution in every official act he may per 'l,he bill (S. 2705) for the relief of wandering American-born form. Indians of nockyboy's band, .Montana, was read and considered The powers we are now employing in the consideration of this as in Committee of the Whole, as follows: measure are closely analogous to that of making treaties, but Be i:; enacted, etc., '!'hat the . Secx:etary of the Interior be, and he are inh'Usted to different agencies, and the agreements with the is hereby, authorized and directed, with the consent of the Indians of the Joco (Flathead) Reservation in the State of Montana, to be ob people must be ratified by them, through their local governments, tained in the usual ma:nner, to set aside a tract of land in compact before the Houses can accept them. The powers conferred form "\Yithin the boundaries of said reservation, sufficient in area to give upon the Houses is to admit States, not masses of unorganized not to exceed 40 acres each of arable land to such members, includ ing men, women, and children, of the migratory band of Indians now people, into the Union, and with their consent, which does not roaming in said State, and known as Rockyboy's band, as shall, upon admit of any form of compulsion or durc::::s ; and the admission investigation, be satisfactorily shown to have been born in the United necessarily presupposes an application for admission on the States and 'who may desire to settle permanently upon said reservation ; and there is hereby appropriated, out of any money in the Treasury part of the people. not otherwise appropriated, the sum of $8,800, or so much thereof as Every Member of Congress must determine for himself may be necessary, to pay the Indians of the Flathead Reservation at whether the admission of a new State is in harmony with the the rate of $2 per acre for the lands relinquished and set apart for said. migratory Indians; and a further sum of $10,000, to be expended in purposes of government that are defined in the Constitution, and assisting said Indians in making homes for themselves on said reserva whether the people who are to constitute the State and exercise tion ; in !lll, $18,800, to be immediately available. their sovereign powers in its control are the so-yereign people Mr. TELLER. Who reported the bill? who established the Republic and ordained the Constitution. In The PRESIDING OJJ'FICER. The bill was reported by the my judgment this is still the leading and indispensable condition Senator from Nevada [Mr. . STEWART], from the Committee on for conferring statehood upon any body of people. Indian Affairs, without amendment. No change in the Constitution has been made by amendment Mr. 'l'ELLER. Is there a written report? that makes this condition any less obligatory and imperative The PRESIDING OFFICER. There is. than it was when the Constitution was ordained, and I can not Mr. TELLER. Let it be read. 1ote to confer the sovereign rights and powers of statehood upon The PRESIDING OFFICER. The report will be read. any race of people who were not admitted as participants in the The Secretary proceeded to read the report submitted by Mr. establishment of the statehood of the original thirteen States STEWART, .from the Committee on Indian Affairs, February 26, and of the Republic of the United States of Americ~ 1904. THE GREAT DECREE OF THE PEOPLE. Mr. TELI.~ER. The chairman of the committee has explained The nationality that the sovereign people of the United States the bill to me and I understand what it is. I withdraw my established for a .new nation and as a distinct people separate request for the reading of the report. from all other peoples and nations was established and defined Mr. PI1A'l'T of Connecticut. There is only one thing to be by .their own decree in the preamble to the Constitution of the said relating to the passage of this bill. It establishes a prece United 8tates in the following words: dent for the Government to buy lands for Indians who are We, the people of the United States, In order to form a more per wandering or who are not already on lands, for the purpose of fect union, establish justice, Insure domestic tranquillity, provide for settling them on the lands. It is the commencement of what the common defense, promote the general welfare, and secure the bless may prove to be a very large and expensive policy. ings of liberty to ourselves and our posterity, do ordain and establish .Mr. TELLER. I have no doubt about it. this Constitution for the United States of America . The bill was i·eported without amendment, ordered to be The people of the United States date their legal existence as engrossed for a third reading, read the third time, and passed. a separate, free, and sovereign people from that decree which crystalized into the fundan1ental and paramount law' of the _.....--, STATEHOOD BILL. Republic all that had been learned by the experiences of the The PRESIDING OFlf!CER. The hour of 2 o'clock having Revolutionary war and all the better traditions of our race. arrived, it becomes the duty of the Chair to lay before the They then assumed to themsel1es, in this formal decree, all the Senate the unfinished business, which is House bill 14749. rights, powers, and obligations of sovereignty and independence j' 'l,he Senate, as in Committee of the ·whole, resumed the cen- and took their place among the nations of the earth as a united sideration of the bill (H. R. 14749) to enable the people of Okla Republic composed of so1ereign people whose rightful powers of homa a~d of the Indian Territory to form a constitution and self-government no other people had ever asserted or assumed, State government and be admitted into the Union on an equal and of sovereign States whose foundations are immovable and footing with the original States ; and to enable the people of perpetual. New Mexico and of Arizona to form a constitution and State · Thus there carne forth, in its first appearance in human gov government and be admitted into the Union on an equal footing ernment, a nation and a dynasty of the sovereign people of sov with the original States. ereign States united in a Republic. This great aggregate, Mr. STEWART. Mr. President-- as well as every unit of the grand sum of the people of the 572 CONGRESSIONAL RECORD-SENATE. JANUARY 9, United States, comprised a body politic -composed of people and The self-defining statement tha.t "we, the people of the States that ,assumed to be dynastic, .and asserted for themselves United St:'ltes, do ordain this Constitution.,, referred to other supreme and perpetual lordship and dominion as a race of inhabitants of the States and Territories who, at that time, were rulers and law givers in the several States and in the United racially distinguished from the people of the United States. States. They decreed that these people, in the exercise of They were the negro mce, who were then held in slavery, and these powers, should rule in pursuance of law and that laws were so recognized, in terms, by the Constitution, and Indian should be provided to define and regulate the electorate and to tribes, organized in separate but independent tribal govern· provide for the selection of officers to conduct the Government. ments; and Indians in the States who were not taxed. These elections perpetuate this sovereign dominion and are, THE RAClAL DESIGNATION OF THE SOVEREIGY PEOPLE. therefore, the vital force as well as the regulating power of the That protection was not left to the capricious and ds.ngerous Republic. control of ambitious, or altruistic, or facile, or corrupt politi · THE ELECTORATE. da.ns, who might find their advantage in the enactment of laws It was not intended that every inhabitant of the States that for the extension of the electoral power of the people, so as to formed the Union, and of the Territories, should be a factor, includ·e the lower classes and races of mankind. It was based .elector, or participant in the exercise of the sovereign powers upon the only safe and sure ground left to them, by limiting the of the people of the United States. To prohibit such a pre right to exercise these sovereign powers to A-' ourselves and our tension, it was de.clared in this great -decree of "the people of posterity." The racia.I plan of exclusion was adopted because the United States" that the Constitution was ordained "in it was necessary to confine these poweJ:S to the white race. order to secure * • • the blessings of liberty to ourselves If a.ll the people who inhabited this country had been of the and our posterity." white race the words "ourselves and our posterity" would not In the establishment of the plan of the Republic, ·which is bave be~n. inserted in the preambl~ to the Constitution. There more important than any single provision that was adopted to were grea.t numbers ·of obnoxious and revengeful tories in the execute it, it was not intended to leave the plan or its purposes country when the Constitution was formed, but it was the true within the reach of the power to .amend the Constitution, but conception of statesmanship that the line of -exclusion from the that these should remain inviolable, like the suffrage of the governing power should not be dra.wn with reference to political States in the Senate. Certain purposes are named, to accom differences, however bitter they might be, for time would heal lish which the Government of the Republic was ordained, and them; but the differences of blood between the white race and a certain class of people named, who are· .set apart to exe the inferior races would crea.te unceasing discord in the govern- cute the sovereign power of conducting the Government of the ment, a.s is now, unfortunately, the case. · people and by the · people. Among these purposes none was If Indians in tribes, or India.ns not taxed, and their following more indispensable than the description or definition of the race of runaway negroes and their posterity, and Mexicans, such as of people upon. whom the sovereignty wa.s · d~volved a.nd to are ma.rshaled as sovereign electors in this bill, had appeared whom it should be transmitted by laws through a.ll coming by their delegates in the convention that ordained the Constitu generations. This great fact was settled in the prea.mble to tion of the United Sta.tes, claiming -that they were a ·righ1;fnl the Constitution, a.nd n0 room was left for the change of that part of. the sovereign people of the United States, and that they decree by a.mendment of the Constitution. If it is changed and their posterity should be included in the sovereign elec by legislative ena.ctment, such a la.w is a.n arbitrary usurpa torate, their expulsion ·from that body would ha.ve been sum tion. If it is changed by amendment of the Constitution, such mary and indignant. Unless the preamble to the Constitution an .amendment revolutionizes the declared purposes and the plan has been a.brogated, these ra.ces are still excluded from the of the Government of the Republic. When the people see the rightful exercise of the sovereign powers of " the -people of the wrong that is done them in their sovereign and racial rights United States." they will never cease work until they revoke such amendments The delegates who -ordained the Constitution of . the United by the exercise of their sovereign power through elections. But States and their constituents came from former colonies, recog when this sovereign power is invaded by la.ws or constitutional nized as independent States in Jay's treaty, that were governed amendments that deprave the electorate and force the States by white men, who, almost without exception, had experienced to share their sovereignty in the rightful powers of government all the ha.rdships of the war of the Revolution. with alien and inferior ra.ces who had no part in establishing In molding the results of their great achievements into a the States or the Union, a wrong is done tha.t so exaspera.tes form of government that was without precedent and is without the people that they also are infected with an arbitrary and fault they considered, with the most careful deliberation, every dangerous spirit .of disobedience to law. I am not willing to danger to be avoided in the future and every right that should el).courage such degeneracy by my vote in the Senate, and this be secured to the people of the Sta.tes and the Federal Govern is the necessary effect of the provisions of this bill, and no ment. They gave to their posterity the wisest and best plan change ha.s been made in the Constitution that a.lters or abro of government that has ever been devised or that will ever gates the racial decree of the preamble of the Constitution. No be projected, and secured its sovereignty in their hands by a race of people, who were excluded from classification, as "the decree that is its strongest bond of perpetual union. people of the United States" ha.ve been admitted to the elec If there remains an element of disintegration in our Govern torate by any a.mendment of the Constitution. ment it is the expansion of statehood, so as to admit the inferior THE MEN WHO ORDAINED THE PLAN. races into the exercise of the sovereignty that belongs to the The men who established the plan of our republican Govern white ra.ce, and the conferring upon them, by acts of Congress, ment and ordained the Constitution to carry it into effect were equal powers in the electorate, through which alone that .sover as wise as any who have succeeded them, or as any who had eignty ca.n be exercised. lived before them. 'rhe people they represented were not ex We ha.ve already enough inhabitants in our insular posses- . celled by any in their virtues, their experiences, their inteiii sions to form twenty States, each of 500,000 population, nearly gence, their self-reliance, and their appreciation of the blessings all of whom a.re of inferior races. Who dares even to contem of liberty and independence. pla.te th1s transfer of the sovereign powers of the Government 'l'hey kUC"'i\' what they were doing; the magnitude of the task of the United States into their hands? they undertook ; the necessity for precision in declaring their If we add to this dangerous problem the change of our laws will; so that nothing should be loosely stated or left in doubt of naturalization, whereby every race of men can acquire citi as to wha.t they intended. zenship of the United States and of the States in which they No instrument was ever formed for the organization of gov may reside under the fourteenth amendment, and then protect erment in all its parts, that was more perfectly origina.l and them, as is attempted to be done in tbis bill, aga.inst being de unprec~ented; or that more completely provided for the for nied the right to vote by laws that discriminate against them ·mation of a union of sovereign states; or for the preservation of on account of race, color, or previous condition of servitude, the rights of a sovereign people ; or to prevent· the intrusion of we will find that in less than twenty-five years a very large con other people into their sovereignty; or for the proper distribu trol of the sovereign voting power of the States west of the .1\lis tion of the powers and functions of Government into official_ sissippi River will have passed into the hands of Chinese and bands; or for the preservation of a sovereign electorate against Japanese; and the Gulf and ·South Atlantic States will be over debas~ent by alien and inferior races. It is perfect in all whelmed with natura.lized negro voters from the ·Caribbean and these provisions. - · other islands and coasts, and from Africa. '!'he plan of the republic and its purposes, as they are stated Every step that has been taken and every effort that bas been and fixed in the preamble to the Constitution, is a limitation, made to degra.de or desb.·oy the sovereignty of the white race by agreement, embodied in a perpetual and irrevocable ordi that was secured to them by the recognition of their r2.cial nance, fixing the scope and character of the provisions of the blood and its flow in the hearts of their posterity has res•Jlted Constitutton to be ordained by the convention, and the entire from the coveting of power to control the Government by ttmbi body of these laws was carefully adjusted to thll:t plan. tious men or by sections of States that have been moved furough 1905. CONGRESSIONAL RECORD-SENATE. 573 jealousy or ·greed, or through a mistaken sentiment of philan of the ·rights of citizenship1 it does not follow that such adop thropy to assail and destroy the property and the political rights tion entitles him to vote in the government of the country. of the people of other States that are expressly guaranteed to One of the most radical and far-reaching dangers of this meas tlr.am in the Constitution. \lre is its effect in transforming the lowest of the wretched THE STATES, AS WELL AS CONGRESS, HAVE BEE~ IN CO:-.STANT WARFARE classes who inhabit these proposed States into citizens of Ari AGA~ST THE ORIGINAL SOVEREIGN RIGHTS OF THE ELECTORATE. ·zona and Oklahoma by the action of Congress. It is not to decry or to lan1ent over the terri~le results that This transformation by the single act of qualifying them as have followed these historic events that I would now claim the voters at the elections required by this bill is settled law under indulgence of the Senate, but to point out the character of the the decisions of the Supreme Court1 from which I will read ex legislative measures that Congress. and many of the States have tracts, as follows : employed in promoting the invasion of the sovereign rights of As remarked by Mr. Chle! Justice Waite In Minor v. Hnppersett (21 "the people of the United States "-the white people-to which Wall., 162, 167), " Whoever, then, was one of the people of either of these States when the Constitution of the nited States was adopted I have referred. became ipso facto a eitizen-a member o! the nation created by its Citizenship of the United States and of the States has been adoption. He was one of the persons associating to~ther. to form the made the legislative highway for the people of other races and natwn, and was, consequently, one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or of other nations to enter upon and enjoy the rights, powers, not certain persons or certain classes of persons were part of the peo and privileges that are reserved in the Constitution to the peo ple at the time, but never as to their citizenship if they were." ple of the United States. "Admission on an equal footing with the original States, in all re spe~ts whatever, involves equality of constitutional right and power, Citizenship of a State or of the United States does not admit wh1ch can not thereafterwards be controlled, and it also involves the aliens, whether by race or place. of birtp, to participation in the adoption as citizens of the United States of those · whom Congress go1erning power that belongs to the people of the United States make~ members of. the political community, and who are recognized as as they are defined by race in the prea.rhble to the Constitution. such m the formatton of the new State with the consent of Congress." 1'hat definition did not relate to the fact of citizenship as a I am not discussing the question whether any Indians should qualification for admission to the enjoyment of these reserved· be admitted to the sovereign powers thnt belong to the white and exclusive rights and powers of sovereignty. The delegates race in the States. That matter should be left to the disposal in the convention that ordained the Constitution, and of et"ery of the States after they are admitted into the Union. State cont"ention that ratified it, and their constituency in all My contention is that the white race in the Territories are alone these assemblies, were white people, and the delegates to the entitled to participate in creating the organic law for States to Confederate Congress, which had governed the country for be admitted into the Union. I adopt as my guide in this conten eleven years, were white people. tion the following clear statement of the law, by Mr. Justice If they were intended to confer the right to vote upon Mathews, in Marshall v. Ramsay (114, U. S.) : negroes, subject to these qualifications, they would thereby pr.o .The right of local self-government, as known to our system as a con stitutional franchise, belongs, under the Constitution, to the States and hibit the States from authorizing the negro women, or male .to the people thereof, by whom the Constitution was ordained and to negroes under 21 years of age, or any negroes who are not :Whom ~Y its terms all power not conferred by it on the Government of citizens .of the United States to vote. The right would be -ex 'the Umted States was expressly reserved. clusive of all negroes not described in these amendments. They But I am discussing a matter that is settled by our Supreme were .only intended to conh·ol the action of the States in respeet Court and is so thoroughly understood that I would apolo of a certain designated class of negroes. The right to vote, as gize for referring to it if this bill did not make the right to recognized in these amendments, depends upon other qualifica vote for delegates to the Constitutional Convention, on the rati tions in addition to citizenship. Citizenship, standing alone, fication of State constitutions, and in the election of Senators does not confer upon negroes any right to vote. and Representatives in Congress, to result from citizenship of The two rights, or privileges, of citizenship and voting are . the United States, conferred by act of Congress upon alien per entirely separate and distinct until they are expressly con sons, and upon tribes of alien people. necte9. by some law of a State, and this is the ruling of our Civilization forced upon savages by powder and shot ;md Supreme Court. education of illiterates by compulsion are bound to fail · and In the Slaughterhouse Cases (16 Wall., 36) it was held by this the power to control in the affairs of government, given to those court that the first clause of the fourteenth article was primarily who do not comprehend the principles of government is sui- intended to confer citizenship on the negro race, and, secondly, to give definitions of citizenship o! the United States, and citizenship of the ~~ ' States, and it recognized the difference between citizenship of a State Efforts to lift races of people who have never made a volun and citizenship o! the United States by those definltions ; that the ~ary approach. toward light and knowledge, by compulsion, privileges and immunities of citizens of the States embrace generally those fundamental civil rights for the secruity and establishment o! mto. full equ?-hty ":ith the races that lead the marvelous pro which organized society was instituted, and which remain, with certain cessiOn that IS bearmg the banner of the highest civilization to ·exceptions mentioned in the Federal Constitution, under the care of the zenith of humau endeavor, not only fail, but they create im the State governments, while the privileges and immunities of citi if zens of the United States are those which arise out o! the nature and pediments to their successful work that weaken, they do not essential character of the National Government, the provisions o! its destroy the progress of the true forces of this grand movement Constitution, or its laws and treaties made in pursuance thereof, and toward the accomplishment of the. divine purpose of the redemp that it is the latter which are placed under the protection of Congress tion of the depraved, the vicious, and the ignorant. by the second clause of the fourteenth amendment. This. great and noble work belongs to the citizenship of the I quote from an opinion of Chief Justice Fuller. Republic upon whom was developed, in the beginninO' the sov NATURALIZATION. ereign ruling powers of gQvernment It can not be btrothfully After having settled and established the plan and purposes asserted that the convention of 1789 intended, or even contem of the Republic in the preamble to the Constitution, and after plated, that the power of naturalizing aliens, which was sur defining the sovereign constituency of the people of the United rendered by the States to the exclusive control of Congress States as the inheritance of the white race, the convention took would be used to confer the sovereign powe1·s of government up the question of the citizenship of persons-not of races upon the negro race, then under the yoke of bondage, which· was who would come here and find welcome in this favored land. fastened upon them. by the express provisions -of the Constitu They did not touch the right to vote, except to recognize it tion; or upon the Indian tribes that were provided for as auton· as a matter tbat was subject to the exclusive jurisdicion of the omous but dependent nations; or upon Indians untaxed, who States. were denied any place, et'en as inhabitants of the country, in In providing for the election of President and Vice-President our scheme of government ; or upon any race of men who were and of members of the two Houses of Congress, it was left alien in blood. to the people of the United States. • exclusively to the States to decide the qualification of voters, WE ACQUIRED DOMINIO~ OVE"P. THE INDllN TRffiES AS SUBJECTS. and these are the only elective officers that participate in the On the contrary, all the great nations of Europe, as well as Government of the United States. the people of the United States, at that time, regarded Indian When the convention proceeded to provide for conferring tribe as subject nations whose sovereignty yielded to that of the right of nationality upon aliens no reference was had to the white race from the moment that the eye of the discoverer the privileges and powers that attend the naturalization of saw the mouth of a great river on whose banks they had their" such persons. All that matter was left to be decided in ac homes. That was the law in Europe and of the United States cordance with law, as incidents of naturalization. These inci on which is founded the white man's sovereignty over every dents are strictly personal to the naturalized and adopted inrh of the 'Vestern Hemisphere. citiz~n, as contradistinguished from politieal ri_ghts: Natural This discoverer landed and raised a flag, after having insulted ization conferred no rights except such as belong to allegiance the Deity with a prayer, and, in the name of his sovereign he in its simplest form and the corresponding duties and obliga usurped the title of the land, back from the sea to the en'tire tions. watershed of the river, and he thus established the dominion of Because an alien is, by adoption, admitted to the enjoyment his sovereign over all people who were its inhabitants. 574" CONGRESSIONAL RECORD- SENATE. · JANUARY 9 This was not naturalization, it was arbitrary conquest, and tion was never intended to apply to the inferior races of man· these inbabitants became subjects, not citizens. kind. It was made subject to the broader and higher rule, in We took over from Great Britain, France, Spain, Mexico, and the preamble to the Constitution, which ordained, consecrated, Russia these subject Indian tribes, at different intervals in his and set apart the sovereignty of the Republic to the service tory, without any change in their political relations except a of the white race and their posterity. That is the ruling race change of allegiance, which more resembles the allegiance of a and has been since the dark ages; and it is not unjust to any dog to a new master than it answers to the change of alienage to American white man, or dangerous to the general welfare, that citizenship by the voluntary act of these Indian tribes. persons of that race who are aliens only in allegiance should Recently we have been disbanding these tribes by compelling be permitted to participate in the sovereign powers of the States th~m to surrender their tribal dominion over their reservations, and the Republic. But no one can exaggerate the danger, dif and are just beginning to confer upon Indians who accept sep ficulty, and distress that must be created by extending these arate locations of lands in lieu of their tribal rights the mockery sovereign powers to inferior races by giving them the ballot. of n. citizenship of the United States, in name merely, without In conformity with the spirit and principles of the Constitu any parti.cipation in the sovereign powers of government. tion, headed by the great decree of our fathers, which so pro I do not deny the power of Congress to change the legal classi foundly expresses their will as to the preservation and perpetua fication of these Indians from subjects to citizens, their alle tion of the liberties transmitted to their posterity, Congress giance to the United States having been established by birth and should select the white race to prepare these Territories our right to govern them having been thus acquired by their for statehood. All the laws that obtain there, and all the nativity and by our dominion over their native country. All of great progress that has been made there, are the fruit of the these consequences come from the laws of nations and are firmly genius of the white race and of their intrepid courage and indus established, but" without the consent of the governed. " try. No average equal number of people in any of the States I do deny that the power given to Congress exclusively in the are in any way superior to them, or have done more to develop Constitution to " establish an uniform rule of naturalization" . and support the prosperity of the country, or to protect its has any reference to the Indians who are natives of the country interests and honor in peace and in war, and they should con that is "·ithln the sovereign dominion of the United States. tinue to rule in the States when they are admitted into the Whatever "an uniform rule of naturalization" may mean it Union. does not apply to persons who are not aliens by birth, nor has What sovereign rights it may be wise and just to confer upon Congress ever so construed it. On the contrary, whenever an Indians, the original owners and rulers of the country, who are Indian has received the legal status of citizen, it has been thereby entitled to special consideration, should be done by through a special statutory provision that changed his charac compact with the tribes under the requirements of our laws ter, ns the subject of a foreign comitry or of an Indian tribe, to of naturalization, made uniform as to all Indians. Under such that of citizen of the United States. laws their conduct and disposition toward the Government and The rule of naturalization provided in the Constitution has its laws would be ascertained by examination and proof as to no relation to citizenship thus created. Neither does that rule each applicant for these rights. apply to negroes born in the United States or elsewhere, or But the true constitutional plan for conferring upon Indians to negroes imported as slaves from a foreign country. the right to vote is to leave that power to the States, as it was Inuians and negroes born in this country, whether in States left to them in the Constitution when it was oi·dained. or Territories, are necessarily excepted out of the operation of LIBERAL REWARDS FOR CO~SOLIDATIO~. "an uniform rule of naturalization" which Congress can adopt, The picture that is so vividly presented in this bill, showing by the e-ther provisions of the Constitution that place them upon the work of political gamesters, who are disregarding all sound an exceptional and peculiar basis respecting all their rights, principles of government and all worthy precedents in order to personal as well as political, that is totally irreconcilable with gain some sectional, political, or personal advantage, is really their acquiring the full sovereign citizenship of the people of the abhorrent to the conservative sentiment of the people of the United States: United States. As to " Indians not taxed," they are excluded from the basis After Congress is asked in this bill to consolidate these four of apportionment as human waifs who are not entitled even to Territories by its legislative act, without consulting the will of be counted as inhabitants, and this obliteration as factors in government is solemnly repeated in the fourteenth amendment their inhabitants, who are made qualified voters for all other and in the laws of New Mexico, Arizona, and Oklahoma. purposes, and thereby to repeal all the laws of the United States The negro is lifted up by all these laws from the same or a that have built up and sustained their local governments and lower state of civil capacities, imposed ·upon that race by many their civil autonomy; then, in order to force this consolidation express provisions of the Constitution of the United States, by upon an unwilling people, enormous sums of money are voted the force of some statute, and has citizenship forced upon him from the Treasury of the United States, and vast areas of land by special provisions of law, without reference to the uniform from the public domain are offered to these new States to induce rule of naturalization which Congress had power to establish the inhabitants to elect delegates and form a constitution that under the Constitution. By taxing Indians they are made citi is virtually prepared for them in advance of this bill. zens and are permitted to vote, with the result, as matter of That constitution, if it is ratified, carries with it the question fact, that they refuse to vote for fear of being taxed. of consolidation and all other questions, and settles them for 'l'his bill clearly and, no doubt, purposely places it in the ever against all subsequent disputes, and all effort of other power of the legislatures of New Mexico and Arizona to make States and of any Department of the Government to undo what a voter of every wild " blanket Indian," and to throw his is thus to be finally accomplished by the admission of these weight in the scale to carry the election in any direction, the States into the Union will be in vain. politicians may choose. Tax these Indians a penny and then That rewards should be offered in this bill of extraordinary buy their votes with a dime, or a drink of whisky, would be an magnitude to secure such extraordinary results is a warning to easy task for the practical politician of these times. This wise the cotmtry that a course so arbitrary and so encouraging to the opening for corruption is only one of several provisions of this spirit of absolutism in Congress will lead on until the Union bill that will be used in the work of creating two States for ad will become a patchwork of States, largely controlled by Mexi· mission into the Union. cans, Indians, negroes, Chinese, .Malays, and the white race, This peculiar citizenshlp that we have been conferring upon forced into political equality through the debasement of the sov Indians and negroes in the Territories has no relation to the ereign powers of government into the worst form of communism. fourteenth and fifteenth amendments, which do not extend to the On this occasion opportunity is presented to Congress, without Territories, so· as to protect negroes there in the right to vote, reference to questions that influence national politics, to act so and they do not extend to Indians anywhere. as to put a final stop to this movement In this peculiar situation the question arises, Can Congress CITIZE~SHIP AND VOTING A.RE SEPARATE, AND ARE CREATED BY DIFFERENT confer upon Indians and negroes in the Territories those sov JURISDICTIONS. ereign rights that belong to the people of the United States to The armies that won our independence were white men. control and participate in the Government of the United States They were all represented in· these conventions by white men, and of States in the Union that are the vital powers of the some of whom had never been naturalized as citizens, but they Republic and the heritage of the white race? I need not dis and their posterity were included in that grand body of people cuss the question whether Congress can add to the number of who were designated as "the people of the United States." these sovereign Americans by so adopting, as citizens, the Admission to cit~enship does not introduce any person of a alien people of other nations and races under "an uniform rule colored or inferior race into the "posterity" of the people who of naturalization." We are not proceeding under that rule, as established the Republic of the United States, nor does it con to Indians and negroes, and have never done so. fer upon them the right to participate in the exercise of the so'l( I wil1, however, take occasion to say that, in my judgment, ereignty of its government. thJ " uniform rule of naturalization " provided in the Constitu- The United States has no voters who can participate, in vir- · 1905. CONGRESSIONAL RECORD-SENATE. 575 tue of the authority of Congress, in any election in ·any State, the future policy of the Government for all time, which are and citizenship of the United States does not create or confer not necessarily involved in the question of statehood for either the right to vote. Until that right is conferred by State law of the four areas of the Territories of New Mexico, Arizona, it ctu\ not be exerci ed within a State. Citizenship, whether Oklahoma, and the Indian Territory. In the consolidation of of a State or of the United States, is not required by the consti- these large areas into two States there is manifest injustice tutions or laws of several of the States as a qualification for to all the States west of the Mississippi River as to their rep voting. An application for citizenship, founded on the declara- resentation in the Senate. tion of the intent to become a citizen, is sufficient, in several of In the provisions of this bill, and especially in its coili!Olida those States, to entitle an alien to the privilege of voting. In tion requirements, there are open, flagrant, and undls(Uised such a case citizenship can not be confounded with a right to breaches of public faith, pledged in the laws and treaties under vote. which the boundaries of those Territories have been defined Citizenship, sex, age, and residence are made qualifications and the civil and political rights of the inhabitants have been for voting in all, or nearly all, the States as to all classes of guaranteed, and there is an unjust and cruel invasion of the people. In the fourteenth and fifteenth amendments to the Con- rights of person and property of many thousands of worthy stitution all of these qualifications are made essential to "the people who have exposed their lives to danger, have suffered right to vote." If they do not exist, there is no right to vote, ·the hardships of frontier life, have expended their labor and on the part of the negroes which those amendments are in- taxed their industry, their skill, their property, both under taX te~ded to protect laws and by private contributions, in organizing those Terri· Sex, age, and residence are as essentially qualifications that tories into civil governments. entitle negroes to the protection of the fifteenth amendment, An enumeration of the personal 'Wrongs infiicted upon these and for the punishment of States, under the fourteenth amend- people by the consolidation features of this bill would make a ment, fo.r excluding persons from voting, as race, color, or chapter in American history that no man could contemplate previous condition of servitude. These amendments do not at- without just indignation, unless it is such a man as may have tempt to confer upon negroes the right to vote. surrendered his sense of justice to the demands of cold political They both concede to the States the exclusive right to create intrigue or of reckless ambition. the right to vote, and when it exists these amendments provide INrosTrCE TO THE sTATEs. for its protection. In the fifteenth amendment the method of I will not undertake to enumerate those wrongs. They will protection provided in the fourteenth amendment is abrogated. be the burden of the complaint of many thousands of deceived THE DESERT IS FORBIDDEN TO "BLOSSOM AS THE ROSE." and injured people that Will be heard in this Chamber for many years to come. If we are indifferent to their wrongs, we may The situation in the region that not many years ago was called find a more in:fiuential reason for considering the national injus the " Great American Desert," and is now rapidly developing tice of this measure in its distribution of the powers of govern into a splendid country of great and varied resources of local rpent between the States as they are represented in the Senate, and national wealth and power, demands better treatment than which is the body in which all the political powers of the United is given to it in the bill before the Senate. States are ultimately centered. An evident purpose of this bill The people of the United States are anxiously looking to is to deprive a vast and rich area of the public domain west the Senate for impartial, broad, and thorough consideration of of the Mississippi River of its rightful representation in the this bill. They respond with thanks to the junior Senator Senate by giving it only four Senators, when it is now entitled from California for the clear and statesmanlike presentation to eight, under the pledge of the Territorial laws and because of this great subject in his speech of Friday last on this bill. of all that has been done and expended in obedience to them, The history of this legislation, as stated by that Senator [Mr. and it will •soon be entitled to more in consequence of the great BARD], is a startling proof of a purpose to exercise arbitrary population it will have. and absolute power in Congress to force a measure upon a In the aggregate it has a population of 1,163,312 by the latest people "\l ho have no representation in either House that ls census reports, which has been increased largely by immigra empowerud to move an amendment or to vote on any question tion since that date, 1900. Each separate Territory in this He has established the fact that this measure is not only area has a larger population now than four-fifths of the States against their protest, but against their petition and their had when they were admitted to statehood, and with our new expressions of abhorrence at the treatment that is threatened plan of irrigation and the enormous mineral deposits there, and . to be in:tiicted upon them by act of .Congress. with the improvements in mining, and with the vast and vain- That such a measure should be forced upon such a people able forests on these areas their future population must without a reading in one of the Houses of Congress, and passed increase rapidly and to very large numbers. It is much the under a rule that prescribed a time limit of three hours for largest area of public lands left in the United States to be debat~ a:.1d cut off all right to offer any amendments not specified taken up by that class of white people whose fathers laid the in the rule, is a warning to the Senate that careful deliberation foundations of the Republic in the revolutionary struggles of and fra.>dom of speech is required in this body. That Sen- 1776. They have been the pioneers of all the other Southern ator ha3 not failed in his high duty to point out the weight and Western States, and. they must either leave this continent and the danger of this method of treatment He bas also in a few years or find homes in the great areas west of the presented the facts from official records and other undeniable Mississippi River. If Congress is willing that they should pi·oofs, , and from the laws enacted by Congress creating com- establish such homes, let it be done, as it was with their fathers, pacts With the people of these four Territories or clothing them by giving them statehood that is worthy of their race, and not with "t·ested rights that are morally inviolable. a mongrel sovereignty that will be equally controlled by people He has established the fact that this measure will dishearten of every race who are there or may congregate in that country. the brave people whose labors have made" the desert to blossom The motive for the consolidation of Territories by act of a.s a rose," and that they must suffer heavy losses under the Congress and against the wishes of the people of Arizona and provisions of this bill. What have these people done, that they New :Mexico, who have built up those Territories into .civiliza should be made to suffer such distress? tion and progress of a very high order, is not to advance the In these statements he bas established, beyond denial, the interest and welfare of those people, but to subordinate them injustice of this measure of compulsory statehood, which is to the legislative power, in the Senate, of the smaller States sought to be forced upon them under conditions which make in the Northwest it a penal condemnation, rather than the noblest and grandest This is an old controversy that _has been persistently waged recognition of sovereignty that can be bestowed by a free whenever a Southern State east or west of the Mississippi people upon a sister State. River has sought admission into the Union. I am relieved by tlle clear and comprehensive statement of It has changed character, however. In the beginning the ap the Senator from any necessity of adding other facts to justify portionment of power in the Senate was based upon existing my opposition ·to this bill, and will discuss it upon the solid · organization, established as British colonies, without reference basis of fact and law he bas established. to· area. . In the discussion of this measure it is due to its importance In this act established governments are dissolved and areas that the extraordinary provisions of the bill should be care- are consolidated that are all too large for a just apportionment fully examined, because there is drawn into it, without any of the Senate, and will soon be the homes of great numbers of necessity, many vital questions that affect the present and people. future rights of all the States and all the people of the United The purpose of retaining in the New England States their States and the powers of Congress and the President in deal- relative supremacy in the Senate which, in the beginning, was ing with them. consolidated in a small territorial area, not one-fourth of the It must be intended by those who support this measure to original thirteen States, but had a representation in that body establish ~recedents by its enactment that will stand to control equal to all the other original States, has never ceased to con· 576 CONGRESSIONAL RECORD-SENATE. JANUARY 9, trol their policy in the admission of new States into the Union. This New England policy is more authentically stated in a ·lt is the chief support in the Senate to-day of the proposition resolution of the Hartford ConYention, on the 14th of January, in this bill to dismantle three organized Territories, really 1814, as follows : designed and intended by Congress and the people of those Ter Second. No. new· State shall be admitted lnto the Union by Congress ritories to be admitted as separate States and so declared in the in virtue of the power granted by the Con&titution without the concur Territorial act of Arizona, and to construct two States out of . renee of two-thirds of both Houses. ·their established limits. Nothing in the sacredness of. a pledge This was proposed as one of the amendments to the Consti of the Government to its own people seems to influence this tution, that would make them content to remain in the Union. close corporation to yield these advantages in the Senate. The report of the committee on tlli s topic is as follows : Not content with its needless and destructive work of the The next amendment relates to the admission of new States into the Union. · spoliation of these Territorial governments, this bill reaches This amendment is deemed to be highly important, and, in fact, in out to the unorganized Indian Territory and consolidates it dispensable. In proposing it it is not intended to recognize the right . with Oklahoma in order that it shall never, by any possibility, of Congress to admit new States without the original limits of the United States, nor is any idea entertained of disturbing the tranquil have the right of separate statehood. · lity of any State all·eady admitted into the Union. The object is The people of the Indian Territory need the civil organization merely to restrain the constitutional power of Congress in admitting and training of Territorial government to qualify them for state.: new States. At the adoption of the Constitution a certain balance of power among the original parties was considered to exist, and there hood. No area of the United States ever stood in greater need was at that time and yet is among those parties a strong affinity of this preparation. It is an extraordinary situation in the between their great and general interests. By the admission of these Indian Territory that requires time, Government supervision, States that balance has been materially affected, and unless the practice be modified must ultimately be destroyed. The Southern States will and careful adjustment to prevent and suppress evils that first avail themselves of their new confederates to govern the East. only slumber there and are ready for violent outbreak. This and finally the Western States, multiplied in number and augmented comes from the nature of the situation there and not from any in population, will control the interests of the whole. Thus tor the sake of present power the Southern States will be common su!Ierers unusual disposition of the Indians or the white men to do with the East in the loss of permanent advantages. None of the old wrong or injustice to anybody. States can find an interest in creating prematurely an overwhelming I need not refer to the laws of Congress that for many years influence which may hereafter discern (as it has heretofore) benefits have been directed to the purpose of excluding white men from to be derived to them by wars and commercial restrictions. · the great reservations now included in the Indian Territory. . It will be noted that slavery is not mentioned in this part of They failed of their purpose, chiefly through the inducements the report or in the resolution. The only subject discussed was offered by Indians to white settlers. The Indians owned the a certain " balance of power among the original parties-the lands, forests, and mines of this splendid, fertile area, and thirteen States." Slavery was never the real ground of the white men were, in the main, hired by the Indians to open and antagonism of New England to the South. The true reason is ·cultivate the country, either as laborers or yearly tenants, and stated in the resolution of the Hartford convention I have just _they have gone into that country with their families until they read. It was the apprehension that the uncontrollable flood of outnumber the Indians nearly three to one. population rushing into the Territories of the South and West It is not conjecture, it is a lesson of history that inust repeat would bring new States into the Union to disturb the advan itself, that these Indians will be ridden down and exterminated tages. in the Senate conceded to those States to induce them by the power of the white people if they are forced into state- to come into the Union. It is not credible, nor is it believed, hood before they haye had the time and experience to enable that a community of slave owners and slave traders, who had them to mature a plan of State government that will shelter made great profit in the mercantile.. features of African and them. This bill confesses the danger of the situation in the Indian slave b·ade, all of a sudden repented of their sins, and, proviso to the first section, in which it is attempted to keep in their new zeal for higher national morality, brought forth them under the control of the United States as Indians, while as fruits meet for repentance the obstructions and persecutions they are, as citizens of Oklahoma, subject to the laws of that they have visited upon the South. Their old Adam of specula State. This dangerous and unheard-of situation is created by tion in slavery did not die so sudden a death. He took to this measure for no purpose that can be reasonably conjectured negro politics as a substitute for the money he had made out of except to prevent this splendid area of country from ever being negro merchandizing. It will never be forgotten by Senators from the South, at least, justly represented in the Senate of the United States as a State. that when the negroes were emancipated the New England THE EQUILIBRIUM OF POWER IN THE SENATE. States dropped their objections to counting three-fifths of the The controversy as to the equilibrium, or balance of power, in negro slaves in the basis of representation and voted for the the Senate began in the convention that ordained the Constitu fourteenth amendment, which requires the count of all the tion. It was settled by giving equal suffrage to the States in inhabitants of a State in the apportionment except Indians not the Senate and by prohibiting any amendment to that provision. taxed. Congress was given the power to admit new States without any New England then became satisfied that she could vote the requirement as to area or population. negroes in the choice of Senators by direct but irresistible When new States from the South applied for statehood New methods, and she saw that what she might lose in the number England began a determined opposition on the ground, chiefly, of Senators was compensated by political conb·ol over the negro· that three-fifths of the negro population were counted in the vote in the South, and she contentedly balanced her " equilib apportionment of representation in the House. Their full num rium " account bers including Indians, were counted, and they had no ground The Northwestern Territories marched into the Union-six for complaint except that the negroes were slaves. This pres of them-in less than nine months, with Dakota divided into sure was maintained with an aggressive force that caused some two States, the South assisting in the· grand procession. rew of the New England States to threaten to secede from the Union England was ominously silent while the people were rejoicing. because of the admission of new States into the Union. This heavy disturbance of the balance of power was felt When the Louisiana purchase was macte the opposition to the deeply by New England in the Senate and in the electoral admission of States west of the Mississippi became furious in college. The Northwest has often been recalcitrant, and New New England, and was kept up during a period reaching from England has resolved that, to prevent any dangerous loss of the admission of Louisiana to that of Kansas and Nebraska. power, if the Southwest should ever become likewise disobedi It was ostensibly based upon opposition to slavery, but its real ent, her power in the Senate should be confined to four Sena· basis was the alleged disturbance of the balance of power in the tors, when she is entitled to eight. If the Southwest is weak Senate that had given almost incalculable advantage to the New in the Senate, or rebellious, these, against New England policy, England States. could do little harm. In 1811, in a speech on the erection of Louisiana into a State, These historical statements of indisputable facts account for Mr. Josiah Quincy laid down the New England policy that has the ingeniously shapen provisions of this bill, which, like a never changed, and is ~ow the force that sustains the unjust and skeleton key, are designed to unlock the barriers to the rape of destructive provisions of this measure. Be said: . · this great area of splendid country west of the Mississippi. The policy of Jefferson was not, therefore, adopted from fear of a The area included in the two proposed States is 306,305 square rejection of the proposition for the admission of Louisiana by _the miles. One of these proposed States has an area of 236,395 States, but he and the slave States foresaw that, by seizing the oppor tunity which they then had, and assuming at once that the Constitu square ·miles, composed of the Territories of Arizona and New tion gave Congress authority to multiply States in foreign territories, Mexico. The other has an area of 70,000 square miles, com they would put an end forever to the necessity of applying. to the posed of the areas of Oklahoma and the Indian Territot'Y, the States for such power in future. Thny foresaw that the Territories thus conjoined would open the opportunity and power of multiplying larger area being more than three times as great as that of the slave States, for which their climate was adapted, and thus effecting smaller one. Texas has an area of 274,356 square miles, but additional weight and ultimate predominancy to the slave power in the provision is made in her act of admission for the creation of Union. To this end the assumption was made, and the subsequent his tory of the Union is but one tissue of evidence of its nature and con five States within that area. Eight of the States of the Union nquences. have a smaller area than that of the Indian Territory. 1905. CONGRESSIONAL RECORD-SENATE. 577 The six New England States, with twelve Senators, are sions, except Alaska. Whether it will ever extend to our in smaller in area than New Mexico or Arizona, and are smaller sular possessions is unknown to living man. Alaska will be a than fourteen other States that have two Senators each. This State of the Union or it will go to the Dominion of Canada. concentration of power in the Senate in so small an area is dan- Unlike the Philippines, it has not the requisites for supporting gerous to the general welfare, although its people and its Sena- its independence. tors may be at the maximum of intelligence and patriotism. In closing this work of a century and completing the grand Exclusive power is always dangerous to safe and good govern- asseml)lage of sovereign States in the American Union, oar peo ment pie would fondly welcome the spirit of justice and fair dealing The proportion of representation in the Senate and the con- with these Territories that would bring the happiness of perfect sequent power, on the basis of area, is even greater tllan six to reconciliation between different sections of the Union. Instead one in favor of each of the New England State::; as against each of that blessing sh·ife prevails, and denunciations of injustice, of these fourteen States. On the basis of population the advan- wrong, and breach of faith are loud and angry throughout that tage of the six New England States is not proportionately so region, and dissatisfaction is intense in Congress, as the muti great, but it is great enough to show that on either basis it is lated Territories are threatened to be deprived of their legal very unequal and unjust and rightful autonomy, and are being forced into the Union 'l'he nineteen States west of the Mississippi, each with an area under conditions against which the majority of the inhabitants larger than the six New England States, have resources of indignantly protest. · wealth that will at an early day give to them a population per A DANGEROUS PRECEDENT. square mile that will at least equal that of New England. Their great seaports and commercial marts, such as St. Paul, Seattle, We may in the future be compelled to consult the precedent San Francisco, Portland, San Diego, Galveston, St. Louis, and we are establishing, and it is well that we should carefully con New Orleans, are already in possession of a colillilerce that is sider our work. greater and far more important than that of any of the marts Admitting, to its broadest extent, the legislative power of of trade in New England. Congress over the disposal of the ';:rerritories and over their gov This disparity in representation in the Senate was, in the ernment by the direct action of Congress, or through subordi beginning, the result of a compromise and concession, without nate territorial or military local g-overnments, and the right of which the Ul)ion could not have been formed. Now that this Congress to provide for their nurture into a fit condition for reason does not exist, remedy for that unequal arrangement of statehood lYy means of civil powers granted. to the people there representation is a question of self-defense and self-preservation for such purposes, and admitting the power of Congress to pro on the part of the larger States in the Union and the States yet vide, by legislation, the procedure that shall regulate the elec to be admitted. tion of Delegates and the conduct of conventions in framing There ought to be powerful reasons to justify such discrim their constitutions, and admitting the right and power to make ination, but there. are none in this period or in tbis case, except the observance of all such laws prerequisites to their admission a purpose to deprive this immense and rich area of its rightful to statehood, and also admitting the power of Congress to waive representation in the Senate, so as to add to the power of tne or dispense with any conditions precedent to their admission; smaller States east of the Mississippi. admitting, in other wor~, the legislative power of Congress to provide all the machinery for this great and final act of confer THE TERRITORIES SHOULD HAVE PROTECTIO~ L"STEAD OF DESTRUCTIO~ ring sovereign statehood upon the inhabitants of a Territory, AND NEEDLESS RECO~STRUCTIO~. still other things remain to be ascertained and other things are In opposition to this gerrymander of the Union every reason to be done to create a State that. is in all respects upon an equal is arrayed that requires the observance of legislative and treaty footing with the original States that ordained the Union and pledges, legislative and judicial practices and precedent, and established the Republic. the faith of both the great political parties of the country. · Three of these Territories are fully equipped with civil gov To establish the equal footing of the proposed States with ernments. Two of them-Arizona and New Mexico-have been the original thirteeen States the inhabitants of the Territory long established and conducted by the people under laws enacted included in the limits which are to constitute the State must be by their legislatures and under the laws of the United -States, " people of the United States" in the same sense as were the and the fourth-the Indian Territory-bas been exercising local inhabitants of the States that ordained the Constitution and not a heterogeneous mass of human beings of all race~ and self-government for fifty or sixty years on a broader and more nationalities and all conditions of intelligence who may be per liberal basis of independence than any Territorial government mitted to participate, as voters and the holders of office in the of the United States, in compliance with the express stipula ordination of a constitution for the new State and in sudh State tions of treaties, several times repeated, and under acts of after it is admitted into the Union. Congress that have specially confirmed and executed those stip If the Philippines, or Alaska, or Hawaii, or Porto Rico ulations; all of which this bill destroys. These organized should ever be admitted as States in the Union, we shall find Territories are entitled to their autonomy, so carefully provided cause to consider the high requirements .of the equality of the by the laws of Congress and have been so long conducted on States with great care and as a matter that is paramount to the the highest plane of civil government arid in the advance lines lower question of universal suffrage. of progress without friction, delinquency, or complaint. What reason can be stated for disturbing tbis arrangement, 'l'HERE MUST BE UNCONSTRAINED LIBERTY OF ACTION I~ ADOPTING A CO~ created by law and now carefully adjusted by the people during STITUTIO~. many years of toil and expense to their necessities and con The convention, constituted and assembled to prepare a State venience, and for tearing these four prospective States from the for admission into the Union, must be free to adopt a constitu foundations established for them by the Government on which tion by the uncontrolled will of the majority of its delegates. their people were invited to build and become qualified for ad Ever~ such convention being a constituent body can only derive mission into the Union on an equal footing with the other its just powers from the consent of the people represented, and States? must not be coerced by act of Congress to embody the will of No fact or reason of public policy hns been stated that in the other peoples, States, or constituencies in the constitution of the least excuses or justifies a breach of ·public faith toward the State, as is done in this bill. · States that assisted in the enactment of the Jaws that estab The Constitution of the United States requires that all the lished these Territorial governments, as the basis of States to be States shall have governments that are republican in form and admitted into the Union with the boundaries prescribed to them, they must be in harmony with its provisions; and Congress has no and have voted taxes upon the people, in .vast sums, to support right to enact, as a condition precedent to its admission into the these infant States, and have given immense gi:"ants of lands to Union, that a State shall incorporate into its constitution cer their public institutions. These things were done by the Rep tain provisions and principles that are not required by the Con resentatives of all the States in Congress, with the common and stitution of the United States, and that no other State in the unquestioned understanding that these Territories were each Union has adopted, or can be compelled by act of Congress to entitled to statehood when the character and numbers of its adopt, as is required in this bill. population should justify admission into the Union. This is a most powerful and danger·ous form of coercion, and The public faith, thus pledged, accepted, and acted upon by it places these States under the absolute dominion of Congress the people of all the States, can not be violated, arbitrarily, in after they are admitted into the Union. In support of this the absence of reasons that are of overwhelming necessity, with statement I will cite the language of section 21, subdivision 1 out disturbing the confidence of the people in the honor of the of tbis bill : . · ' Government to a degree that is distressing and dangerous. · .And said convention shall povide by ordinance irrevocable without The work in which Congress is engaged, on this bill, is in the consent of the people of the United States and the people of the State: First, • • • the sale, barter, or giving of intoxicating tended to ·complete the statehood of our continental posses- liquors to Indians is forever prohibited." XXXIX-37 .. ' 578 CONGRESSIONAL RECORD-SENATE. J ANU.A.RY 9, Thus making a discrimination as to personal .rights between homa and the influential white men and Mexicans who are to Indians and white peopl.e, negroeS, 1\fe:xicans, and all other peo be included in the State of Arizona. ple, all of whom as voters or delegates may equally participate THE DECLARATION 011' INDE?ENDENCE. in ordaining the State constitution, the amendment of which is But there is another provision that is applied to both of these prohibited iri this respect without the consent of Congress. constitutions, which requires that they " shall not be repugnant If such a provision of organic law is forced upon the conven to the Constitution of the United States and the principles. of the tion as an irrevocable ordin:mce, it should not discriminate Declaration of Independence." This is the first effort to incor· against any class of people represented in the convention by porate the Declaration of Independence as a part of the su· their votes. preme law of the land by act of Congress. It is evidently It may be sound public policy. If it is, it should be enforced intended to set up that great declaration as a rule by which the against white men, negroes, and 1\fex:icans and should be en constitutions of the States admitted into the Union by this act forced in Arizona as well as in Oklahoma. and of the United States are to be construed. It is a bridge to In the same section is this strange provision : enable those who are to execute the laws of those States to pass The Constitution shall be republican ln form and make. no distinction ove:rr any difficulties growing out of race questions in the country In civil o:r political rights on account of race or color except as to In dians not taxed. where Indians, Mexicans, .negroes, white people, and people of other races compose the body politic and constitute the State. Why they-Indians untaxed-should be discriminated against The fourteenth amendment to the Constitution of the United in this provision, and why protection should be given to Indians States declares that "all persons born or naturalized in the whom the State may choose to tax, and to negroes, Mexicans, United States and subject to the jurisdiction thereof are citi Malays, Chinese, or Japanese is not easy to be understood. In zens of the United States and of the State where they reside." the fifth subdivision of section 21 there is a mangling of the Fif 'l'he Declaration of Independence declares that 11 all men are teenth amendment of the Constitution in the case of office hold created equal; that they are endowed by their creator with cer ers, as follows : The convention shall provide by ordinance- tain inalienable rights; that among these are life, liberty, and That said State shall never enact any law restricting or abridging the the pursuit of happiness." These principles are required to be right of suffrage on account of race, color, or previous condition of ser~ vitude, and that ability to read, write, and speak the English language violated in the constitution of Arizona by the exclusion of un sufficiently well to conduct the duties of the office without the aid of an taxed Indians from the right to demand the protection of their interpreter shall be a necessary qualification for all State officers. personalt civil, or political rights. The constitution of Arizona There are other provisions of this bill that illustrate this effort must expressly permit such violation as is provided in this bill. to induce Congress to shape the fundamental laws of these Here either the fourteenth and fifteenth amendments or the States in advance to suit its own will and to compel them to principles of the Declaration of Independence, or both, are set ordain changes, even in the language of the Constitution of the aside by this bill. United States, to suit the PU11>oses of Congress. 'l'his is simply Congressional absolutism. It compels a State ~ VOTING POWEn. to adopt a constitUtion for which there is no warrant in the. There are three voting stages provided for in this bill, namely, Constitution of the United States as a condition of its admission the election of delegates to conventions to adopt constitutions, into the Union. the ratifications of constitutions, and the voting for the offices If all persons born in the territorial limits of the United. which they establish; and the qualifications ot voters differ, as States are citizens by birth, untaxed Indians are citizens. Or between each of the proposed States, in the election of the dele if, by a forced construction, the fourteenth and fifteenth amend gates and in other elections. They differ as to the right to vote ments apply only to negroes, the principles of the Declaration in those States when the· voters come to ratify the constitution, of Independence, that include " all men," would give the 6rotee: and also when they elect State officers. Why these differences tion of the Constitution of the United States to untaxed Indians and discriminations should have been made in the bill is left to in Arizona, who are denied all political recognition by the terms its authors to explain. It has a queer and unsatisfactory ap of the fourteenth amendment, and Arizona is expressly ex pearance. It looks like an effort to. secure the consolidation of empted from the duty of giving them protection by the provi- these great areas by varying the qualifications of voters in each sions of this bill. · of the four to suit local conditions favorable to success. If the fourteenth and fifteenth amendments apply · to male The right of suffrage .for the choice of delegates is given by negroes only who are 21 years of age and were born in a State section 2 of the bill to " all male persons oyer the age of 21 ' of the Union or were naturalized in such State, this forced years who are citizens of the United States or who are members adoption of the principles of the Declaration of Independence is of any tribe or nation." This applies to the Indian Territory a desperate effort to clothe Indians and negroes in the Territo. and-to Oklahoma. It does not .include Indians, Mexicans, or ries with some fashion of citizenship for this special occasion, negroes unless they have become citizens of the United States so that they could vote, as citizens of the United States,. for dele or are members of .an Indian tribe. gates to constitutional conventions and for the constitutions In construing this puzzle the judges of election must have they may adopt. What other use can be made of the Declara great perplexity in Oklahoma and the Indian Territory. This tion of Independence as part of the constitutions of these pro perplexity is greatly increased by the provisions of section 20 of posed States is a puzzle that is difficult to understand. It is a the act with reference to the proposed State of Arizona, which confusion of the vital principles of constitutional government provides that all qualified voters of Arizona and New Mexico that would wreck the Constitution of the United States if they ure authorized to vote for and choose delegates to form a con were injected into that great body of fundamental laws. vention, and the election in those Territories shall be conducted AN :&XPEDIE~T TO ~miDGE OVER DIFFICULTIES. as now provided by law in each of said Territories, respectively. The framers of this bill evidently found negroes, Indians, This is entirely different from the qualifications of voters Mexicans, and Chinese standing in the way of their effort to and the method of conducting the election of delegates to a con incorporate 11 all men" into the body politic-that is, to receive vention at Guthrie, Okla. The persons qualified to vote for and rightfully exercise the sovereignty of the people of the delegates to the convention in Arizona under the laws, respec States in virtue of this act; and they sought to remove the ob tively, of Arizona and New Mexico, derive that right to vote sb·uction by engrafting into the constitution of the propose,d from sources of authority that differ widely,_so that a differ States the principle that u all men are created equal," and that ent voting constituency in each Territory is to choose delegates all men born in the Territories of tbe United States are citizens to make a constitution fot· one consolidated State; and in the of the United States. constitution of that State Arizona is permitted by this act to The fourteenth amendment fails to solve this problem, for it exclude certain Indians from voting, under the provisions that applies exclusiv~ly to persons who are born or are naturalized the constitution shall be republican in form and make no. dis in a State of the Union, and not to such as are born in a Terri tinction in civil or political rights on account of race or color, tory of the United States. All the penalties and prohibition except as to Indians not taxed. There are Indians in Arizona, in that amendment, if they are not abolished by the fifteenth who are citizens by a fiction of allegiance to the United States, amendment, apply e:s:clusively to States and in favor of persons under the Dawes Act, who may not be taxed. If they were in residing in States. habitants of the Indian Territory they could vote as members This is fully demonstrated by the provision of the fourteenth of a: tribe, although they have taken land& in severalty; but, amendment, which imposes the penalty upon States, that their being in Arizona or New Mexico, they can not vote because Ari representation in Oong1·ess may be reduced if they deny to male zona does not tax: them. citizens of the State who are 21 years of age the right to vote. These contradictory provisions as to the Indians, in different The Territories have no Representative in Congress; they p.arts of this measure, bear painful ·testimony to the fact are only Delegates. and the fourteenth amendment to the Con that this bill is a piece of political work adapted to securing stitution can not apply to them. votes for its ratification by appealing to the interests and prej In that amendment, "Indians not taxed" are excluded from udices of the influential Indians in the proposed State of Okla.- the numbers that entitle a State to representation in Congress. 1905. CONGRESSIONAL RECORD-SENATE. 579 In the Constitution prepared by this bill for the people of the gress as to that vital matter, to admit those States into the new State of Arizona, Indians not taxed are denied the civil Union by proclamation. and political rights secured to other Indians in Oklahoma ; We are pi.·eparing to submit the creation of the constitutions which includes the right to yote. Indians belonging to a tribe of sovereign States to herds of people who can have no real are given the right to vote in Oklahoma without being taxed. conception of the work they are invited to aid Congress to per In one State it is taxation, while in the other it is tribal rela form, and whose only quali fi cation for such work is the fact tion that gives the right to vote. that Congress empo\"\ers them to vote. In the endeavor to bring all these classes into such a citizen VIOLATIO::i OF EST.!BLISHED PUBLIC POLICY. ship of the United States as would constitute them the reposi Established public policy of the United States, carrying with tories of the sovereign power upon which statehood is founded, it every honorable pledge that language and conduct could and 11pon which the sovereignty of the United States is based, express, is openly violated by the provisions of this bill. The the authors of this bill contrived the new expedient to which I Indians 1n the Indian Territory are allowed to vote not directly have referred, of adopting the principles of the Declaration of on the question of consolidation with Oklahoma, but on ques Independence as a part of the constitution of Arizona and tions of electing delegntes to a convention to ratify a constitu Oklahoma, thereby giving the rights and privileges, iii all tion for the State of Oklahoma, to be adopted by delegates to things pertaining to government, equally to " all men." In a convention to be held at Guthrie, .Okla., in which Oklahoma every aspect this is the most determined step in the exercise is to have sixty delegates and the Indian Territory is to ha\e of absolute power that Congress has ever attempted. To fifty delegates, thus placing it in the power of Oklahoma to accomplish a purpose of maintaining the supremacy in the Sen dictate the constitution to be voted upon and, having a larger ate of the States east of the Mississippi River, it not only Yoting population, to ratify it even against the solid vote of makes the constitution of Oklahoma and Arizona broader than the peeple of the Indian Territory. those of all other States, and broader than that of the United The consolidation is completed in the passage of this bill States, but it confers citizenship of these two States upon "all without reference to the will of the people or to their votes in men," under the academic statements of just theories of govern any of these Territories and in disregard of our pledges and of ment, stated as principles in the Declaration of Independence, the injury and injustice that must be done to many thousands that were not adopted in the Constitution of the United States. of people. · · In a pretentious appeal to those principles as being the true If this bill is enacted as a law and its complete execution is expression of fraternity, equality, and liberty, they thrust aside prevented by any event, the consolidation of the several Terri and disregard the regulation, definition, and limitation of those tories remains, and their governments are thereby destroyed. principles, so carefully made in the Constitution of the United If the President should refuse to issue his proclamation declar States, which discriminate between Indian h·ibes and negroes as ing that these States are admitted into the Union for any rea inferior and subject people and distinguish them from the white son, such as frauds in the election, or if the election board men who, as sovereign people, created the Government of the should refuse to certify that elections had been held in either United States, in providing for their personal and political of the Territories in accordance with the act of Congress, the status. act would not be thereby repealed and would stand as to the '.raking this measure as a precedent, there is no class of consolidation. human beings upon whom Congress can not confer the citizen 'l'he animus of the bill is that its enactment will compel the ship of the United States, or of the States, or that Congre s consolidation of these areas into two States without regard to can not declare fit to organize States and provide constitutions existing laws and treaties and against the will of the people for their government; or that Congress can not empower to put who are the rightful occupants of these Territories. The bill into these constitutions any provision that is repugnant to the enacts this compulsion in direct antagonism to the will of those Constitution of the United States and at war with the Constitu pe:)ple, and this being a part of the plan for creating constitu tion of the United States. tions for two States out of four Territories the consolidation by The right of Congress to admit States into the Union is not act of Congress is coercion, by statute, in forming their consti an unlimited discretion. It is a power to be exercised so as to tutions. secure justice and promote the general welfare, not of " all .l\Iuch has been said, through many years, to guard our people men," but of "our elves and our posterity." against the dangers of absolutism in Congress, and it becomes The House of Representatives, in the l.Jill sent to the Senate, more and more apparent that enough can not be said to properly did not even except from this grant of the principles of the warn the people. Absolutism is the one enemy of the Republic Declaration of Independence to these new States, or as part of that is unceasing in its efforts to destroy it, and, so far as I their State constitutions, the right to "establish government," am concerned, I will not cease to resist its encroachments. and " the right of the people to alter or abolish it and to institute No human being who is an inhabitant of the United States a new government." or of the Territories belonging to them can be so poor or insig These are leading principles of the Declaration of Independ nificant as to be deprived of his personal rights by the hand ence and were adopted in the resolutions of the Hartford con of absolute power or otherwise than by due com·se of law. If vention, and by some Southern States in their secession conven he is a citizen of the United States he has a pledge in the Con tions. stitution that restrains the powers of those who rule over him, There is no error so common or misleading as that of the or if he is not a citizen he has the sanction of their oaths that supposed adoption of " the principles of the Declaration of In they will obey the Constitution and support it in his protection. dependence" in the Constitution of the United States_as a part If Congress can enact laws th~t are unjust to bind people of the organic law. This bill forces these principles, en masse who have no representation, it is only the less excusable i! and without definition or restriction, into these new State con such laws are enacted. I concede that Congress can enact such stitutions for some inconceivable purpose; unless the purpose laws and, when they establish political conditions such as is, as I have stated it, to supply the want of application of the statehood, no lawful power exists to nullify them; but that fourteenth and fifteenth amendments to negroes born in the In fact only intensifies the appeal for forbearance toward people dian Territory who were never inhabitants of a State, or to who have no representation in Congress. arm an Indian proletariate with the power to vote to suit the VIOLATION OF COMPACTS. convenience of the exploiters of this scheme of injustice. To In every admission of a State into the Union there are com do this, however, Congress would be forced to enlarge the letter pacts between the Government of the United States and the and the purpose of those amendments. These amendments people who constitute the State. In this bill there are se\"eral would not serve the purpose, and -the Declaration of Independ compacts of great importance expressly provided for. In our ence was resorted to in order to supply the deficiency. treaties with Mexico and France respecting these Territories The reconsh·uction plan of creating constitutions for States agreements are made, in respect of statehood, in favor of the by act of Congress, which was done in the case of Alabama, af people. These can not be abandoned by us without a breach ter the people of that State had refused to ratify a constitu of faith. In the measures we have enacted in pursuance of tion by a vote in the form required by the act of Congress, is these pledges the people acquire rights that we are bound to again adopted in this bill. In this measure Congress prescribes respect. If there is ·no power to enforce them, the moral obli· the condition in advance, that the constitutions of these States, gation is only the stronger. or irrevocable ordinances, shall contain the provision as to the The Senator from California [Mr. BARD] is strictly correct Declaration of Independence, without which those ·states can in urging that the pledge of separate statehood given to Ari not be admitted into the Union. zona in the law giving her a 'rerritorial government is a com This mixed, variegated, and incongruous mass of people are pact with those people. It was made in pursuance of our f·mpowered by Congress to vote on the constitution of two treaties with :Mexico, as a step in their execution. But, in States, and the President is empowered to determine whether any case wpere such a grant of civil autonomy is made to any those instruments conform to the act and to the Constitution of our people, and they have accepted and acted upon it, and of the United States and, without taking the opinion of Con- refuse to consent to its abrogation, it is a compact that they .\._ 580 CONGRESSIONAL RECORD-SENATE. · JANUARY 9, have the right to claim. It lacks no element of a compact tory for· statehood, and its fitness is an open question, to the between States. except that one of the parties to the agree last moment, until Congress has closed it by a final act of ad ment is not a State in the Union. If it is a Te1·ritory, Congress mission. The President is not mentioned in the Constitution can not set up its incapacity to enter into such a compact for as having any right to participate in the act of admitting a the benefit of its people, because it has created that capacity State into the Union, or in a declaration of war, or in sub by its own act · mi~g amendments to the Constitution to the votes of the THE POWER TO ADMIT STATES lS NOT LEGISLATIVE POWER. States, or in calling a convention on the application of the Whatever absolute power Congress may have to admit a State legislatures for two-thirds of the States, for proposi.Dg amend Into the Union, or to reject it, that power is not, in any sense, ments. In the separate exercise of these powers the Houses the legislative power confened upon Congress by the Constitu of Congress are the exclusive representatives of the sover tion. The language of this speciat grant of power is, " New eignty of the people and of the States. These powers sLwd apart States may be admitted by the Congress into the Union." (Art. t:J:on;t th~ power to enact laws, and are as clearly and as widely IV, sec. 3.) distingUished from them, as is the power to originate and '\"Vbatever provision Congress, as a Legislature, may have the determine upon the impeachment of officers of the United right to make in the preparation of a people for statehood, that State~. They stand apart from and are as independent of is not the power by or under which the State is admitted into any mterference from the President as is a judgment of the Union. · The final act, decision, judgment, decree, or pro acquittal, or conviction, of an officer who is impeached by nouncement that is requisite for the admission of a State into order of the House of Representatives. · the Union is the exclusive act of the two Houses of Congress, This bill ignores these great provisions of the Constitution in which the President has no constitutional right to participate. and tramples them under foot. If this act admits these States into the Union now or in the . ~e Supreme Court has no jUrisdiction to pass upon the va future without any further actjon of Congress, it wou!d not be lidity of such acts, because they are political and can not in affected by the President's veto or by his approval. If he should volve suits, cases, or controversies betwEren parties litiO'ant nor disapprove the bill because he objec to the provisions made can it control or supervise the action of Congress or it officers for carrying it into execution, they would still stand as regula by mandamus, injunction, prohibition, or any form of judicial tions made by Congress; and if Congress should admit the writ in the performance of such acts. States notwithstanding bis objections, neither the President nor .Pl~ced in this a.ttitude of supreme sovereignty, as to the ad the Supreme Court could prevent either House of Congress from mission of States mto the Union, the States and the people and admitting its representatives to seats in their respe~ti1e Cham the G?vernment of the United States have but one positive bers. He has no power to disapprove this act or any legislative restramt or check npon this power of CongTess which is that provision it contains, if the effect of the act is to admit these Senators and Repres~tatives are bound by oath to support the States into the Union without any further action of the two Constitution of the United States. HoUBes of Cong1·ess. When the Constitution intrusts such broad and final discre- · A final judge, in the person of the President, is provided for in tion to Congres~, in a matter so ~ital to the people, in their sa this act to determine w.hether a State or two States have com cred personal rights and the rights of their re.,pective States plied with its provisions and are entitled to admission into the all ~he l!mitations upon the power of Congress, whether expressed Union, and that they, or one of them, are actually admitted, or unpiled, should be given recognition by the Houses of Con when the Constitution provides that Congress alone can admit gress, and applied with full force and vigor · otherwise the a State. This is a power of judgment and determination to power ~o admit States into the Union would be absolute; and give final and conclusive effect to the most important fact that absolutism is abhorrent to the Constitution and to every just concerns the union of the States, and it can not be delegated conception of our liberties. It is, in fact, equivalent to an expansion of the Constitution .~ one bas the r!ght or power to participate in the act of ad· by enlarging the area of the Union, which necessarily depends misswn of States mto the Union except the immediate reJ•re• upon a compact that must be based upon invitation of Congress sentatives, in Congress, of the States and the people and they to the people or upon the request made to Congress by the people are restrained only by their oaths of office.· ' of the proposed States. It must be an ·act of admission by ALL THE PEOPLE OF THE STATES ARE CONCERNED DffiECTLY lN THlll CRlii- mutual agreement, and not a compulsory act that forces the peo ATION OF A NEW STaTE. ple into the Union without their consent It is a compact that • No representatf~e of a Territory ~r .district can participate can only be made between Congress and the people of the pro m the great creative act of the adm1sswn of a State nor can posed States. the legislative, or executive, or judicial departments of the Gov In the exercise of this great and delicate power the judicial, ernment take part in it. The President can not veto the act of executive, and legislative functions of the Government and all admission of a State into the Union, nor is his consent neces its political powers are exerted by the two Houses of Congress sary to its final and complete effect. in the final act of admitting a State into the Union. There may The. reason .fo~ committing .this function exclusively to Con be necessary preliminary preparation for the final decision by gress 1s that It IS the only direct representative of the States act of Congress as a legislative body. an~ · of the people R?d the protector of their rights, which, not The judicial and executive departments may have duties to bemg enumerated m the Constitution, are confided to their perform in furtherance of the great final purpose of the act, but natural protectors, who have and wi1I exercise a broad discre neither of these departments can make or prevent or control tion in defining them. They include all the rights of govern the final and conclusive action of Congress in admitting a State ment that are not delegated to the GoTernment of the United into the Union. The act of admission must be final when Con States or to a department thereof. It is on this basis that the gress has made it, leaving no contingency to be passed upon and strict consh·uction of laws and constitutional amendments that decided by any other department of the Government, and leaving n~rrow the reserved rjghts of the people is rested, and it is for nothing to be done after the declaration that the State is ad this reason that the power of admitting new States into "the mitted to make the admittance final and conclusive. A Terri Union is confided to the discretion and to the exclusive action of tory can not be admitted as a State entitled to admission into the direet representatives of the people and of the States. the Union and be still held in abeyance in any of its powers, as The admission of a State into the Union is intended for the iB provided in this bill, until the President has examined and benefit of all of the people of the United States, rather than for approved its right. If it is an act of legislation simply, it can the benefit of the inhabitants of an area or territory that is in be repealed while it is in abeyance. If it is an act that creates cluded in the limits of ·such a State. It is the upbuilding and a State into the Union, it can not be repealed, nor can the Presi completion of the great American family of States and demands dent veto it. the most careful scrutiny of the people who are to constitute Congress, as a legislative body, is now engaged in prepara the new State and of e-very condition that affects the State al· tory work, qualifying those areas for admission as States, and ready admitted. can not now make any enactm-ent of law that will be conclusive ~'he white· people of the far distant States, as well as those to bind this or a future Congress as the final judge of the fact near by the area that is proposed to be admitted, have the right of the admission of either of these States into the Union by to object to the admission of a State into the Union whose inhab relegating the decision of the fact of admission to the Presi itants, or a controlling part of them, convertQd into citizens by dent. A final act of admission can not be repealed by this or a law of Congress, are Chinese, Japanese, Mexicans, Indians or any subsequent Congress. negroes, and are given large powers to control the State and to Congress can not bind the President to issue his proclama send their representatives into the Bouse of Representatives tion, after a future date, declaring these States admitted into and the Senate. Whether the objection is racial, or moral, or the Union as tbe result of his judgment upon the facts; and political, or constitutional, Congress, if it has the power to over be has no constitutional power to issue a proclamation, the rule them, should never exercise it arbitrarily, and should never, effect of which is to admit a State into the Union. Congress for any cause, fail or refuse to give it careful and unbiased , must judge as to the preparation and qualifications of a Tetti- consideration. 1905. OONGRESSIONAL RECORD-SENATE. 581 \ I respectfully and most earnestly insist that the Senate, dis Fou.rth class (over 50,000 and under 100,000 square miles). regar.ding precedent, if there is any settled· precedent to the contrary, should not take its final action admitting Oklahoma State. Population. Area. or Arizona as a StutE', until every preliminary fact that is requisite to statehood has been established and made of record Missouri _____ ------·------3,106,665 69,41.5 by their conventions; so that our action will be justified by the Alabama ------1, 828, 6!n' 52,250 record, and so that the Senate and House of Representatives, Arkansas_------_------1,811,564 53,850 voting on the facts so' established, shall admit or refuse to admit Oklahoma or Arizona into the Union without leaving any part of these grave constitutional questions to be settled by the Pres ~~~\)Ii\~~iiijjjii~~~jjjj~iiJ)\~iiimimm · ::m~m li ident. If we are in haste with this serious work, so that we must find some one to whom we must delegate the power to pass the fi.Ilal decree that will admit Oklahoma and Arizona into :l~iii:::::::::::::::::::::::::::::::::::::::::: ~:::~ ro:~ South Dakota-----·-·------401,570 77,650 the Union, or refuse to admit them, it would be better to dele gate to the Chief Justice or a judge of the Supreme Court the power to make such decree. They have no less constitutional ~ih~~r~:::::::::::::::::::::::::::::::::::::::::: :t~: ~ ~:~ connection with the exercise of this power than the President possesses, and they have far less temptation than he has for ~~,::::::::: :::::::::::::::::::::::::::::::::::::: 2. ~:a E~ i making a decision to meet political exigencies. Kansas ______------·-··------1,470, 4.q5 82,080 Nebraska_----·------·------~------1,066, ilX> 77,510 THE RIGHTS RESERVED TO THE PEOPLE REQUIRE PROTECTION. I insist that Congress, in deciding upon the admission of these Total ------·------27--,586--,-87-6-l--1-,397--,-31-6 proposed States, will observe and protect the States and the peo ple of the United States in their rights reserved in the preamble Twenty States, with forty Senators. of the Constitution, and those also that are not therein ex Fifth class (O'Ver 100,000 square miles). pressly declared or defined, but are stored away in the hearts California-----·----··-···------ 1,485,053 158,360 of the people, as the true legatees of the great liberties won by Colorado __ ------·------539,700 103,925 their progenitors in the struggle for independence. These rights N eovada ------· _------·-- ___ _ 42,~ 100,700 Texas ----_----- _------.------ 3,04.8, 710 265,780 de cend upon succeeding generations, for the nurture of these . 243,329 liberties, as silently and as certainly as the milk that nourishes Montana _------146,080 their children is provided, in purity and in unfailing supply, Total _~---·· ------· ------5,359,127 774,M5 from the breasts of their mothers. . The people of the United States do not forget these reserved Five States, with ten Senators. rights that are peculiar to them and were never guaranteed to I will also insert in my remarks, without reading it, a table any other people before they ordained the Constitution of the taken from the census of 1900, showing the areas and popula United States; they do not undervalue them, nor do they unduly tion of all the States and Territories, except Alaska and the magnify their importance. Indeed, they could not, for they are insular possessions : the rights of people who are sovereign, which are reserved to support, sustain, and protect that sovereignty. They are East of Mississippi River. West of Mississippi River. rights that can not be assailed without injustice and offense to United States. Total pop- In- A · Total pop- In- the sovereignty of the United States. It is safer for the Gov tD.ation. di.ans. rea. ulation. di.ans. Area. ernment to openly assail or abuse the rights of the people, ex pressed in the Constitution, than it is to neglect or refuse to Alabama------1,828,697 177 52,250 • protect those personal and individual and social and family rights that belong to those upon whom the sovereignty of the United States is conferred and are re3erved to them in the Con ~~:=~:::::::::: :::::::::::::::::::::::::::::iii.·~:~···~~~ stitution. Connecticut_------908,422 153 4, 900 ------___ : ______: __ _ I will now state the relative proportion of area, population, Delaware ____ ------:--- 18-!, 735 9 2,050 ------·-· __ ------and representation in the Senate of the States, as they are set Dis~ict of Columbm__ 278, n8 ~ 70 ------··--· forth in the Census reports of 1900. They are as follows : First class (less than 10,{)(){} square miles). igim;~::~;;jjii~ ·t~f=· -···]· ...;f:· ~~~i~\:~ ~~~~~: ~~~~~~ State. I Population. Area. Illdia.n Territory------392,060 52,500 ---m,-!00 Kentuckyir~-==:=~~~======------======2,147,174 ======102 ======40,400 ----·-'-----~:m·~ ___2 : roo______~·~ : __ _ Sq. miles. Louisiana------445,382 40 48,720 936 24:3 553 Delaware_------·---_------·----·------· 184.,375 2,050 Maine------694,486 798 3J,040 ' ------·· Connecticut ____ ------·--- ____ ---- ______·-- 00,420 4,900 Maryland _------1, 18~, 044 3 12,210 ::::::::::~ :::::::: ::::::::: Massachusetts _------·------_----- _------___ _ 2 sm 346 8,315 '411:588 9005 M~~chusetts ------· 2,8ffi,~ 5§7 8,315 ------··· New Hampshire_------___ _ M~cbigan.------2,420,982 6,354 58,915 ---·------·-· 1,883,669 7:815 Mmnesota..______437,338 3,~ 83,365 1,314 056 5 84.3 ~h~; ~d~ ~=== :::::::::::::::::::::::::::::::::::: 428,556 1250 Vermont_------_------· __ ------·-- 343,641 9:565 43,290 tit=!~i::::::::::::: :~:~~~~~: ==~=~= ===~=~~~= -3.-~~~- -~~~- ::~~~~ Total _------_------·· -1 6,965,900 I ~ebraska. -:------1,066,000 3,322 77,510 Nevada.-----··.·------·------~------·--- 42,335 5,216 100,700 Seven States, with fourteen Senators. New Hampshire______41.1,588 22 9,00> ------New Jersey ----v----- 1,8S3,669 63 7,815 Second class (O'Ver 10.000 and under ~5,000 square miles). New Mexico------.. ··· ---i95 ;3io~ -iii;i4f --i22;580 New York. ______7,268,894 5,257 49,1i0 ------·------· ------North Carolina------1,893,810 5,687 52,250 ------·------:::;~t~~-= ::::::::::::::::~::::::~:::::: :::::::: 1,i~:&Zl i~: h&J North Dakota ______---·--···------·------319,146 6,968 'JO 795 r ~------· 1 ------Total __ --·-- ___ . ------·------__ ------· -- 2, 146,84.4 36,990 §~~~~~==~:::::::~:: =~~~~~:~~= =· ====~= ===~:-~= --·m:~~r -~:~f ---=~~ ~h~~ylsi:~_::::::::: 6,~;~ 1,~ ~·~ ------_____ : __ _ Two States, with four Senators. Thi1·d class (over 25,{)(){} and under 50,{)(){} square miles). Indiana------_-----_------2,516, 462 36,350 f~~~~:~jjjjjj ;~::F:~~~; :;;;ffi; ;;;~j~; ~~;~;ill:~~!;=:=~!; Vermont------343,641 5 9,565 ' VirgU?a. ______1,854,184. 354 42,4:50 ::::::::::: :::::::: ::::::::: Washm~ton ______------·-··------··----- 518,103 10,039 69180 E:i=~~~~~~~~~~~~~=~~~~~~~~~~~~~~~~~ ~~ ~~~~~~ ~~~~ ~: ~~! g~ mw~ t V!!ginia ______958,800 12 24,780 ------______----·~--- New York_-----_------_------7,268, 894 49,170 Ohio-···--.------·------_------4,157,545 41 ,080 Wisco~m ______2,069,042 8,372 56,040 ------South Carolina _____ -----·---·-·------_------···- 1,340, 316 00,570 Wyommg ------~--: ___ ------· ------· ------92,531 1,686 97,890 Pennsylvania------··------~ 6 002,115 4:5,215 Total----····--·- 55,906,200 36,HO 20,088 342 201 006 ~ ,013,315 ' I , I~' ,vt ~t.~~e~-======1------i::1: rJ :------~: ~ No thoughtful man can reflect on the injustice that has been Tota.l ------00,298,424 1 455,835 done to the country west of the Mississippi in the apportionment Eleven States, with twenty-two Senators. ~f representation ~ the Senate by giving enormous areas to the CONGRESSIONAL RECORD-SENATE. JANUARY 9, States in that part of the Union, without understanding that COINER. at some time it will be corrected, even at the expense of Harry Tarbell, of Colorado, to be coiner of the mint ~ the serious civil commotion. United States at Denver, Colo. Office created by act of Con- This Government is too great and its principles are too nicely gress approved March 18, 1904. 1 adjusted to the promotion of the general welfare to admit in justice and wrong toward any of the States as a settled policy MELTER AND REFINER. to disturb its tranquillity. Hubert D. Coleman, jr., of Louisiana, to be melter and refiner There is no apportionment of representation in the Senate of· the mint of the United States at New Orleans, La., to succeed except by the areas included in the State limits, and it is in this H. Du_dley Coleman, removed. arrangement that injustice has been done to that part of the DEPUTY AUDITOR FOB POST-OFFICE DEPARTMENT~ Union west of the .1\Iississippi. The bill before the Senate pro William J. Anderson, of North Dakota, to be deputy auditor poses to aggravate this unjust discrimination to a degree that for the Post-Office Department, in place of Harrison Allen, excites the an;ry and determined resentment of the people deceased. immedin tely concerned in opposing it, and is manifestly unjust. REGISTER OF LAND OFFICE. Many of the strongest and best men among them already look to future events, such as a general convention to revise the Frederick C. Perkins, of Colorado, to be register of the land Constitution of the United States to have a readjustment of office at Durango, Colo., his term having expired February 15, the representation in the Senate, while others are looking to 1903. (Reappointment.) coercive measures. · · RECEIVER OF PUBLIC MONEY. All tile e expectations are vain; as the tree has fallen, so will Daniel L. Sheets, of Colorado, to be receiver of public moneJ"S it lie. at Durango, Colo., his term having expired February 8, 1902. Yet the futility of such hopes is not now realized by all of (Reappointment.) them, nnd some take the chances as to the future in order to have peace. Some of them disregard everything, except to fol PROMOTIONS IN THE NAVY. low their leaders nd support them in the massacre of their Lieut. (Junior Grade) Edward C. Kalbfus to be a lieutenant rightful statehood as separate States by a consolidation that is in the Navy from the 18th day of December, 1904, vice Lieut fatal to their rightful representation in the Senate. Charles M. McCormick, promoted. The question is, Will Congress continue this injustice by yield Lieut. Philip Andrews to be a lieutenant-commander in the ing to the demand of party politics, or will we refuse to do this Navy from the 1st day of January. 1905, to fill a vacancy .additional injustice to the West and adhere to the wise and created in that grade by the act of Congress approved March just arrangement that was intended to be permanent in assign 3, 1903. ing limits and boundaries in acts of Congress to these embry Naval Constructor William J. Baxter to be a naval con otic States? No matter how we may perform this high duty, structor in the Navy with the rank of captain from the 21st history will record that none was ever greater in its demands day of May, 1904, vice Naval Constructor John F. Hanscom, upon the wisdom, impartiality,. and moral courage of CongresR. retired. l\fr. President, I thank you and the Senate for hearing me so Naval Constructor Elliot Snow to be a naval constructor in patiently, when I have been scarcely able to go through with the Navy with the rank ' Of commander f1·om the 21st day of this discussion. May, 1904, vice Naval Constructor 'Villiam J. Baxter, pro- Mr. BEVERIDGE. If no other Senator desires to speak on moted. · the pending bill at this particular moment, I call the attention Asst. Paymaster William C. Fite to be a pas ed assistant pay of the junior Senator from Alabama [l\fr. PETTus] to the fact master in the Navy, from the 16th day of August, 1904, vice Pay that his colleague has concluded. master Thomas DeF. Harris, promoted. Mr. PETTUS. Mr. President, I have a statement to make to Passed assistant paymaste-rs to be passed assistant pa,ymasters the Senate, but after a conference with the chairman of the 1n the Navy with the 1·ank of lieutenant from the 24th day of Committee on Claims in reference to the matter I will postpone A u.gust, 1901,. the statement. John F. Hutch. Mr. BEVERIDGE. Very good. Frederick G. Pyne. Mr. STEW ART. I present an amendment which I give Frederick B. Colby. notice 'I will offer at the proper time, and I a~k to have it Edward E. Goodhue. printed. I will defer my remarks until the bill is called up to William R. Bowne. morrow, as there would not be time to conclude this evening. Rishworth Nicholson. The PRESIDING OFFICER (l\Ir. NELSON in the chair). Howard H. Alkire, a citizen of Ohio, to be an assistant pay The amendment will be received and printed. ' . master in the Navy, from the 30th day of November, 1904, to fill . Mr. PLATT of Connecticut. Mr. President, if it be agreeable a \acancy existing in that grade on that date. to the Senator from Indiana [Mr. BEVERIDGE], I should like to John N. Jordan, a citizen of the State of Maine, to be an as move an executive session at this time. sistant paymaster in the Navy, from the 6th day of January, Mr. BEVERIDGE. Mr. President, it is so agreeable that I 1905, to fill a vacancy existing in that grade on that date. was about to suggest the very same thing myself. TO BE PLACED ON RETIRED LIST. EXECUTIVE !SESSION. Col. William L. Alexander, assistant commissary-general, to Mr. PLATT of Connecticut. I move that the Senate proceed be placed on the retired list of the Army wrth the rank of to the consideration of executive business. brigadier-general from the date upon which he shall be retired The motion was agreed to ; and the Senate proceeded to the from active service. consideration of executive business. After fifteen minutes spent With the rank of brigadie1·-geneml from April 23, 1901 • in executive session the doors were reopened, and (at 4 o'clock 1 and 20 minutes p. m.) the Senate adjourned until Tuesday, Col. Charles S. Stewart, retired, died July 22, 1904:. January 10, 1905, at 12 o'clock meridian. Col. Charles M. Terrell, retired, died November 22, 1904. With rank of Zie11-tenant-colonel from Ap-ril 23, 1901, . . NOMINATIONS. Maj. William Austine, retired, died Septembet' 4, 1904. With the rank of Zie·utenant-colonel from Ap'ril 23. 1901,.. Executive nominations received by the Senate Jamta1·y 9, 1905. Capt. Leonard Hay, retired, died November 12, 1904:. CONSUL. Capt. Thomas E. Merritt, retired, died August 26, 1904. Howard D. Van Sant, of New Jersey, to be consul of the 1Vith the -rank of captain tr01n April 23, 1901,.. United States at Guelph, Ontario, Canada, vice Charles N. Daly, First Lieut. Henry R. Williams, retired, died October 16, 19Q4. resigned. COLLECTOR OF CUSTOMS. POSTMASTERS. ARIZONA. Frederick S. Stratton, of California, to be collector of customs L. D. Redfield to be postmaster at Benson, in the county of for the district of San Francisco, · in the State of California. Cochise and Territory of Arizona. Office became Presidential .(Reappointment.) January 1, 1905. DISTRICT JUDGE. CA.LIFORY lA. John EJ. McCall, of Tennessee, to be United States district William Collins to be postmaster at Mojave, in the county of judge for the western district of Tennessee, vice Eli S. Ham- Kern and State of California. Office became PresidentiaJ Janu- mond, deceased. · ary 1, 1905. 1905. I CONGRESSIONAL RECORD-SENATE. 583 COLORADO. OHIO. Nimrod S. Walpole to be postmaster at Pueblo, 1n the county Louis G. Bidwell to be postmaster at Kinsman, in tlie county of Pueblo and State of Colorado, in place of John H. Mitchell. of. Trumbull and State of Ohio. Office became Presidential Incumbent's commission expired May 28, 1904. January 1, 1905. William Cline to be postmaster at Arcanum, in the county of FLORIDA. Darke and State of Ohio, in place of Clinton F. Parks, deceased. Peter P. Cobb to be postmaster at Fort Pierce, ln the county Ford H. Laning to be postmaster at Norwalk, in the county of of Brevard and State of Florida. Office became Presidential Huron.and State of Ohio, in place of Ford Lanning, to correct January 1, 1905. name. Charles C. Peck to be postmaster at Brooksville, in the county Charles D. Wightman to be postma.ster at Medina, in the of Hernando and State of Florida. Office became Presidential county of Medina and State of Ohio, in place of Albert Munson. January 1, 1905. Incumbent's commissiQn expired January 28, 1903. William C. Cole to be postmaster. at Lawrenceville, 1n the county of Gwinnett and State of Georgia. Office became Presi PENNSYLVANIA. dential January 1, 1905. William N. Boyles to be postmaster at Juniata, in the county Mary L. Darden to be postmaster at Hogansville, 1n the or Blair and State of Pennsylvania. Office became Presidential county of Troup and State of Georgia. Office became Presi- January 1, 1905. dential January 1, 1905. . Sallie P. Gillingham to be postmaster at Langhorne, in the Mary P. Dixon to be postmaster at Westpoint, in the county county of Bucks and State of Pennsylvania. Office became of Troup and State of Georgia, in place of Mary P. Dixon. In Presidential July 1, 1904. cumbent's commission expires January 21, 1905. Sarah M. Lowell to be postmaster at Tioga, ln the county of Andrew D. McComb to be postmaster at Buena Vista, ln the Tioga and State of Pennsylvania. Office became Presidential county of Marion and State of Georgia. Office became Presi January 1, 1905. dential January 1, 1905. Thomas Pickreil to be postmaster at Oldforge, in the county of David B. Rigdon to be postmaster at Statesboro, in the county Lackawanna and State of Pennsylvania. Office became Presi of Bulloch and. State of Georgia, in place of David B. Rigdon. dential January 1, 1905. Incumbent's commission expires January 11, 1905. Leanus Schreiner to be postmaster at Tower City, in the Clarence W. Withoft to be postmaster at Fort Valley, in the county of Schuylkill and State of Pennsylvania. Offi'ce became county of Houston and State of Georgia, in place of Wallace Presidential January 1, 1905. Peddicord. Incumbent's commission expired April 12, 1904:. Fred 1\1. Williams to be posQ:naster at Nicholson, in the county of Wyoming .and State of Pennsylvania. Office became Presi~ ILLINOIS. dential January 1, 1905. Eva J. Harrison to be postmaster at Johnston City, in the SOUTH CAROLINA.. county of Williamson and State of Illinois. Office became Presi John :ro. McLure to be postmaster at Bishopville, in th~ county dential January 1, 1905. of Lee _and State of South Carolina, in place of J. R. McClue, Holly C. Marchildson to be postmaster at Thebes, in the to correct name. county of Alexander and State of Illinois. Office became Presi- IJTA.H. dential January 1, 1905. , Clifford I. Goff to be postmaster at West Jordan, in the George M. 'J:hompson to be postmaster at Bement, in the county of Salt Lake and State of Utah. Office became Presi county of Piatt and State of Illinois, in place of Horace Hal dential January 1, 1905. deman. Incumbent's commission expired December 20, 19().1. Charles A. Guiwits to be postmaster at Price, in the county IN'DIA.NA. of Carbon and State of Utah. Office became Presiaential July John M. Atkins to be postmaster at Jasonville, in the county 1, 1904. of Greene and State of Indiana. Office became Presidential WISCO)i!SDf. January 1, 1905. Frank J. Salter to be postmaster at Prentice, in the county of INDIAN TERRITORY. Price and State of Wisconsin. Office became Presidential Jan- John P. Bradbury to be postmaster at Wetumka, in· District uary 1, 1905. Wl:OMI)i!G. 13, Ind. T. Office became Presidential January 1, 1905. Newton H. Brown to be postmaster at Lander, in the county William T. Brooks to be postmaster at Broken Arrow in of Fremont and State ot Wyoming, in place of Frank S. Smith,' District 7, Ind. T. Office became Presidential January 1, 1005. remo"\"ed. IOWA. Albert R. Kullmer to be postmaster at Dysart, in the county CO &IRMA.TIONS. of Tama and State of Iowa, in place of Albert R. Kullmer. ExecuUt;e nominations confirmed by the Senate .January 9, 1905. Incumbent's commission expires January 16, 1905. GOVERXOR OF .ALASKA. MISSISSIPPI. John G. Brady, of Alaska, to be governor of Alaska. Henry L. Rhodes to be postmaster at Ackerman, in the county of Choctaw and State of Mississippi. Office became Presiden CONSULS. tial January 1, 1905. Samuel S. Knabenshue, of Ohio, to be consul of the United ~TEV.ADA. States at Belfast, Ireland. . Herbert Badt to be postmaster at Wells, in the county of Elko George Horton, of Illinoi ~, to be consul of the United States and State of Nevada. Office became Presidential July 1, 1904. at Athens, Greece. · · NEW JERSEY. COMMISSIONER OF THE INTERIOR OF PORTO .RICO. Joshua L. Allen to be postmaster at Pennington, in the John Stuart Elliot, of Porto Rico, to be commissioner of the county of Mercer and State of New Jersey. Office became interior of Porto Rico. . Presidential January 1, 1905. MEMBERS OF EXECUTIVE COUNCIL OF PORTO RICO. Farley F. Holcombe to be postmaster at Hopewell, in the county of Mercer and State of New -Jersey., Office became Rafael Del Valle, of Porto Rico, to be a member of the execu- Presidential October 1, 1904. . . · tive council of Porto Rico for a term of four years. ShepherdS. Hudson to be postmaster at Mays Landing, in the Luis Sanchez Morales, of Porto Rico, to be a member of the county of Atlantic and State of New Jeq;ey, in place of Lewis executive council of Porto Rico for a term of four ~ars. E. JeffrieS. Incumbent's COmmission expired December 19. APPOINTMENTS IN PUBLIC HEALTH AND MAlllNE-HOSPITAL SERVICE. 1903. · · . Eugene ~· Mullan, of Marriand, to. be an assistant surgeon NEW YORK. m the Public Health and l\farme-Hosp1tal Service of the United George Bouse to be postmaster at Bay Side, in the coU.nty of States. Queens and State of New York. Office became Presidential . Wade Ha_mpton Frost, of V~rginia, t? be an assistant surgeon October 1, 1904. m the Public Health and l\1anne-Hosp1tal Service of the United Frederic J. Merriman to be postmaster at Madrid, in the States. county of St. Lawrence and State of New York. Office became UNITED STATES ATTORXEY. Presidential January 1, 1905. Melvin 0. Adams, of Massachusetts, to be United States at- NORTH oA..KoTA. torney ~or the district of Massachusetts. Peter C. Burfening to be postmaster at Kulm, in the county of MARSHAL. Lamoure and State of North Dakota. Office became Presiden- J. E. B. Stuart, of Virginia, to be United States marshal for t!al January 1, 1905. the eastern district of Virginia. 584 CONGRESSIONAL RECORD-SENATE. JANUARY 9, DISTRICT JUDGE. Robert Henderson. Arthur L; Sanborn, .of Wisconsin, to be United States district William T. Conn, jr. judge for the western district of Wisconsin. John H. Blackburn. Frank B. Freyer. APPOINTMENT IN THE NAVY. ; . . Roscoe C. Davis. Judson L. Taylor, a citizen ·of Texas, to be an assistant sur Earl P. Finney. . geon in the Navy, from the 17th day of December, 1904. William D. Puleston. Charles S. Kerrick. PROMOTIONS IN THE NAVY. George P. Brown. Rear-Admiral George A. Converse, United States Navy, to be James 0. Richardson. Chief of the Bureau of Navigation in the Department of the Harold D. Childs. Navy, with the rank of rear-admiral, for a term of four years. Gilbert J. Rowcliff. Capt. Newton EJ • .Mason, United States Navy, to be Chief of James P. Lannon. the Bureau of Ordnance in the Department of the Navy, with Richard Wainwright, jr. the rank of rear-admiral, for a term of four years. · Charles W. Early. Commander Samuel W. B. Diehl, United States Navy,' to be Edward C. S. Parker. Judge-Advocate-General of the Navy, with the rank of captain Joseph 0. Fisher. ln the Navy~ for a term of four years. Carlos Bean. Lieut. (Junior Grade) David C. Hanrahan to be a lieutenant Oscar F. Cooper. ln the Navy, from the 1st day of July, 1904. Kirby B. Crittenden. Lieut. Commander Theodore F. Burgdorff to be a commander MerrittS. Corning. in tlle Navy, from the 30th day of September, 1904. William J. Moses. Lieut.t George W. Kline to be a lieutenant-commander in the Navy, from the 13th day of September, 1904. PROFESSOR OF MATHEMATICS IN THE NAVY. Lieut. Commander Templin M. Potts to be a commander in Lieut Commander Harry MeL. P. Huse to be a professor ot the Navy, from the 8th day of November, 1904. , mathematics in the Navy, with the rank of commander, to rank Lieut. Charles . M. McCormick to be a lieutenant-commander next after Professor of Mathematics Aaron N. Skinner, and to in the Navy, from the 18th day of December, 1904. be an extra number in the corps of professor of mathematics in Capt. Joseph E. Craig to be a rear-admiral in the Navy, from accordance with the provisions of an act of Congress .approved the 28th day of December, 1904. April 27, 1904. Lieuts. William W. Gilmer, Robert E. Coontz, William H. G. PROMOTIONS IN THE MARINE CORPS. Bullard, and Harold K. Hines to be lieutenant-commanders in I.ieut. Col. Charles H. Lauchheimer, assistant adjutant and the Navy, from the 1st day of Januar:v., 1905, to fill vacancies inspector of the Marine Corps, to be adjutant and inspector of created in that grade by the act of Congress approved March 3, the Marine Corps, with the rank of colonel, from the 15th day of '1903. Lieut. (Junior Grade) William S. Miller to be a lieutenant in December, 1904. · the Navy, from the 1st day of January, 1905. Capt. Albert S. McLemore, United States Marine Corps, to be Lieut. (Junior Grade) Cyrus W. Cole to be a lieutenant in assistant adjutant and inspector in the Marine Corps, with the the Navy from the 1st day of January, 1905. rank of major, from the 15th day of December, 1904. Lieut. (Junior Grade) Lloyd S. Shapley to be a lieutenant in POSTMASTERS. the Navy from the 1st day of January, 1905. CALIFORNIA. Lieut. (Junior Grade) William R. Sayles, jr., to be a lieuten Horace E. Allatt to be postmaster at Imperial, in the county ant in the Navy from the 1st day of January, 1905. of San Diego and State of California. Lieut. (Junior Grade) John \V. Greenslade to be a lieutenant William Bradford to be postmaster .at Hemet, in the county ln the Navy from the 1st day of January, 1905. of Riverside and State of Califoriiia. Lieuts. (Junior Grade) Charles E. Courtney and James H. Edmund L. Brown to be postmaster at Fernando, in the Tomb to be lieutenants in the Navy from the 1st day of Jan county of Los Angeles and State of California. uary, 1005, to fill vacancies created in. that grade by the act of William S. Collins to be postmaster at Loyalton, in the Congress approved March 3, 1903. county of Sierra and State· of California. To be ensigns in the Navy ['rom the 2a day of May, 1904, to fi.ZZ Samuel G. Watts to be postmaster at East Auburn, in the -t;acancies existing in that grade on that date. county of Placer and State of California. Henry G. S. Wallace. CONNECTICUT. Horace S. Klyce. Judson D. Foote to be postmaster at · Montowese, in the · Frank W. Sterling. county of New Haven and State of Connecticut. Emory S. Land. William E. Gates to be postmaster at Glastonbury, in the Franklin W. Osburn, jr. county of Hartford and State of Connecticut. · Gilford Darst. Tudor Gowdy to be postmaster at Thompsonville, in the Roe n. Adams. county of Hartford and State of Connecticut. Semmes Read. ILLINOIS. Edwin G. Kintner. Samuel S. Irwin to be postmaster at Rankin, in the county of Harry A. Baldridge. Yermilion and State of Illinois. ,William L. Pryor. Jennie M. De Roo to be postmaster at Fort Sheridan, in the James Reed, jr. county of Lake and State of Illinois. George J. Meyers. William M. McDonald to be postmaster at Chandlerville, in James P. Murdock. the county of Cass and State of Illinois. Edward J. Marquart Leander W. Niles to be postmaster at Bethany, in the county 'Andrew A. Peterson. of Moultrie and State of Illinois. - Leroy Brooks, jr. Darius B. Reid to be postmaster at Georgetown, in the county Donald C. Bingham. of Vermilion and State of Illinois. 1 Robert Wallace, jr. · L Ralph M. Griswold. 1:!-."DU.NA.. .William ,V. Smith. Caleb W. Barker to be postmaster at Francesville, in the ! Francis S. Whitten. county of Pulaski and State of Indiana. Thomas L. Ozburn. Charles D. Davidson to be postmaster at Whiting, in the Lewis B. Porterfield. county of Lake and State of Indiana. ,Walter G. Diman. Isaac F. Lawshe to be postmaster at Swayzee, in the county Frank 0. Martin. of Grant 'and State of Indiana. .. Ralph P. Craft Charles McGaughey to be postmaster at Roachdale, in the 'Adolphus Staton. county of Putnam and State of Indiana. David A. Weaverr John W. Morrow to be postmaster at Hebron, in the county Neil E. Nichols. of Porter and State of Indiana. · James A. Campbell, jr. James M. Ranstead to be postmaster at Bremen, in the county Otto C. Dowling. of Marshal and State of Indiana. · .,. :Julius C. Townsend. John P. Russell to be postmaster at Kewanna, in the county Wilson Brown, jr. of Fulton and State of Indiana. . · 1905. c·oNGRESSION AL RECORD-HQU_BE. :585 INDIA-~ TERRITORY. , PENN SYLVANIA. Robert A. Diggs t~ be postmaster at Lindsay, in district 17, Coleman Smith to be postmaster at Coudersport, in the county Ind. T. of Potter and State of Pennsylvania. Rena Winnett to be postmaster at Krebs, district 15, Indian VIRGIN~ Territory. Harry Fulwiler to be postmaster at Buchanan, in the county IOWA. of Botetourt and State of Virginia. Bert C. Ellsworth to be postmaster at Kanawha, in the county WEST VIRGINIA. of Hancock and State of Iowa. Benjamin 0. Holland to be postmaster at Logan, in the N. C. Kotchell to be postmaster at Mason City, in the county county of Logan and State of West Virginia. · of Cerro Gordo and State of Iowa. Nathan C. McNeil to be postmaster at Marlinton, in the county James Schroeder to be postmaster at Guttenberg, in the of Pocahontas and State of \Vest Virginia. county of Clayton and State of Iowa. _ Eugene Stiles to be postmaster at Sidney, in the county of WISCONSIN. Fremont and State of Iowa. . F. J. Buell to be postmaster at Burlington, in the county of Edgar 0. Winter to be posmaster at Redfield, in the county of Racine and State of Wisconsin. Dallas and State of Iowa. John G. Burman to be pOi!tmaster at Amery, in the county of K.A.J."'\SA.S. Polk and State of Wisconsin. Frank W. Elliott to be postmaster at Edna, in the county of George l\I. Carnachan to be postmaster at Bruce, in the county Labette and State of Kansas. of Gates and State of Wisconsin. James R. Hillhouse to be postmaster at Delphos, in the county Charles F. Fine to be postmaster at Hillsboro, in the county of Ottawa and State of Kansas. of Vernon and State of Wisconsin. William A. Hillhouse to be postmaster at Glasco, in the county of Cloud and State of Kansas. Floyd E. Richmond to be postmaster at Logan, in the county HOUSE OF REPRESENTATIVES. of Phillips and State of Kansas. · Charles C. 'Vilson to be postmaster at Scandia, in the county MONDAY, Januar-y 9, 1905. of Republic and State of Kansas. The House met at 12 o'clock noon. KEXTUCKY. Prayer by tl;le Chaplain, Rev. HENRY N. CounEN, D. D. Homer B. Bryson to be postmaster at Carlisle, in the county The Journal of the proceedings of Friday, January G, was of Nicholas and State of Kentucky. read and approved. MA.SSA.CHU SETTS. WITHDRAWAL OF PAPERS. "Wilbur F. Whitney to be postmaster at South Ashburnham, By unanimous consent, Mr. BENTON was given leave to with in the county of Worcester and State of Massachusetts. draw from the files of the House without leaving copies, papers 1\IICHIGL'i. in the case of H. R. 14794, Fifty-eighth Congress, second session, Carl M. Lund to be postmaster at Harrisville, in the county to pay heirs of John Sevier, sr., for certain lands taken by the of Alcona and State of 1\Iichigan, United States. MI~""NESOTA.. LEAVE OF ABSENCE. Frank E. Bardwell to be postmaster at Excelsior, in the county By unanimous consent, Mr. MoRRELL obtained leave of ab of Hennepin and State of Minnesota. sence indefinitely, on account of illness. Theodore G. Fasteen to be postmaster at Scanlon, in the county of Carlton and State of Minnesota. MESSAGE FROM THE SENATE. 1\-l. Miiler Severns to be postmaster at West Concord, in tile A message from the Senate, by 1\fr. PARKINSON, its Reading county of Dodge and State of Minnesot~. Clerk, announced that the Senate had passed bills of the follow NEBRASKA.. ing titles; in which the concurrence of the House of Representa John G. Gannon to be postmaster at Pender, in the county of tives was requested: Thurston and State of Nebraska. S. 2269. An act for the relief of Capt Archibald W. Butt, quartermaster, United States Army. · · NEW .TERSEY. Reuben Abel to be postmaster at Bernardsville, in the county S. 4260. An act for the relief of Thomas C. Sweeney ; of Somerset and State of New Jersey. S. 3828. An act to provide for the settlement of certain claims Samuel Gordon to be postmaster at South River, in the county of officers and enlisted men of the Army for the loss or destruc of Middlesex and State of New Jersey. tion, without fault or negligence on the part of said officers and William H. Kuhlthau to be postmaster at Milltown, in the men, of property belonging to them in the military service of county of Middlesex and State of New Jersey. the United States; · S. 4161. An act providing for the expenditure of money hith NEW YORK • . erto appropriated for the improvement and maintenance of Ash John Borup to be postmaster at Tuckahoe, in the county of tabula Harbor, Ohio ; ;westchester and State of New York. · S. 4378. An act authorizing the issue of obsolete ordnance and Isaac Decker to be postmaster at Williamson, in the county of ordnance stores for use of State and Territorial educational Wayne and State of New York. • institutions; Fred A. Green to be postmaster at Copenhagen, in the county S. 2749. An act for the relief of Henry Bash; of Lewis and State of New York. S. 181. An act to provide for the repayment of unexpended Christopher B. Morgan to be postmaster at Aurora, in the moneys deposited to cover costs of platting and office work in county of Cayuga and State of New York. . . connection with mining claims ; George J. Skinner to be postmaster at Camden, m the county S. 1586. An act for the relief of J. l\1. Bloom ; of Oneida and State of New York. S. 6368. An act providing for the interment in the Disb.·ict of Hattie A. Walker to be postmaster at Bergen, in the county of Columbia of the remains of Rose Dillon Seager; Genesee and State of New York. S. 3313. An act to amend section 1706 of the Revised Statutes; 1 NORTH DAKOTA.. S. 4838. An act to increase the efficiency of the medical de Philip .K. Eastman to be postmaster at Wilton, in the county partment of the United States Army; of McLean and State of North Dakota. S. 5166. An act to increase the efficiency of the Ordnance De Charles H. Lee to be postmaster at Walhalla, in the county of partment; Pembina and State of North Dakota. S. 5972. An act permitting the building of a dam across the OKLA.HO M.A.. Mississippi River between the village of Sauk Rapids, Benton · George s. Bailey to be postmaster at Snyder, in the county County, Minn., and the city of St. Cloud, Stearns County, l\Iinn. ; of Kiowa and Territory of Oklahoma. S. 5359. An act to amend "An act to regulate the practice of William T. Barrett to be postmaster at Carmen, in the county medicine and surgery, to license physicians and surgeons, and of Woods and Territory of Oklahoma. to punish persons violating the provisions thereof in the District Frank H. McCormick to be postmaster at Clinton, in the of Columbia," approved June 3, 1896; county of Custer and Territory of Oklahoma. S. 5889. An act to authorize the city of Minneapolis, ia the William Thomas to be postmaster at Thomas, in the county State of Minnesota, to construct a bridge across the Mississippi of Custer and Territory of Oklahoma. River; OREGOX. S. 6003. An act to provide for the construction of a light John F. Reisacher to be postmaster at Condon, in tlie county house and buoy tender for the inspector of the Third ligllt of Gilliam and State of Oregon. house district ; and