... , . ' ., II -· ~ .. .- 1890. CONGRESSIONAL RECORD-HOUSE. 8941
HOUSE OF REPRESENTATIVES. The resolution was agreed to. ~Ir. WHEELER, of Alabama. (at 11 o'clock and 35 minutes). Mr. THURSDAY, August 21, 18UO. Speaker, I rise to a parliamentary inquiry. How are the gentlemen re The House met ab 11 o'clock a. m. Prayer by Rev. J. H. CUTHBERT, corded who have come into the Hall since their names were called? D.D. The SPEAKER. They are entered as present. Mr. WHEELER, of Alabama. Are they recorded as present, or as .APPROVAL OF THE JO URNAL. having entered the Hall after their names were called, and consequently ' . The SPEAKER. The Clerk will cause the Journal of the proceed as not having answered to their names? ings of the last session to be read. The SPEAKER. They are entered as present under the rule. -. Mr. ROGERS. ?ilr. Speaker, I make the point of ordel' that there is Mr. WHEELER, of Alabama. Mr. Speaker, I want to make the no quorum present this morning. point that I think the spirit of the rule requires that the roll be called The SPEAKER. If the gentleman insist.'! upon the point, the Chair twice. Now, take the gentlemen whose names bead the list, who may will be obliged tt> say that there is no quorum present. happen to be in the lobby when their names are called. They are lt!r. McKINLEY. I move a call of the Honse. therefore reported as not answering. Now, I read the rule once before, A call of the Honse was ordered. and the Speaker in effect, I think, ruled that I was right. It provides The Clerk proceeded to call the roll; when the following members positively that the roll shall be called twice on all roll-calls. I read failed to answer to their names: the Rule, No. XV, which says: Abbott, Cooper, Ohio Ketcham, Reyburn, l. Upon every roll-call the names of the members shalI be called a.Jpha.bet Alderson, Cothran, Kilgore, Richardson, icnlly by surname, except when two or more have the same surname, in which Allen, Mi1s. Covert, Knapp, Rife, case the name of the State shall be added; and, if there be two such members Andei-son, Miss. Cowles, La Follette P.obertson, from the same State, the whole nnme shall be called: and after the roll has been Andrew, Craig, Laidlaw, Rusk, once called the Clerk shall call in their nlphabetical order the names of those ._ Arnold, Crain, Lansing, Russell, not voting. · Atkinson, Pa. Crisp, J;awler, Sanford, Atkinson, W. Va. Cummings, Laws, Sawyer, This certainly is a roll-call, and the rule is emphatic that- Baker, Cutcheon, Lee, Scranton, Upon every roll-call the names of the members shall be called. * * * And Bankhead, Dalzell, Lehlbach, Scull, after the roll has been once called the Clerk shall call in their alphabetical or· Barnes, Dargan, Lewis, Seney, der the names of those not >oting. Barwig, Davidson, Lind, Sherman, Bayne, De Haven, Lodge, Shively, Now, Jefferson's Manual, section 7, page 13 of the Digest, which we Beckwith, De Lano, l\Iagner, Smith, W. Va. have adopted and printed ·with our Rules, under section 7, ''Call of the Belden, Dibble, l\Iaish, Smyser, Belknap, Dickerson, l\I1ntin, Tex. Snider, II~ose," says: Bergen, D ockery, 1\:lcAdoo, Spinola, On ::i. call of the House, each person rises up a.s he is called, and answereth; Biggs, Dolliver, l\IcCarthy, Spooner, the absentees are then only noted, but no excuse to be made until the House be Bingham, Bunphy, l\IcComas, Sp1inger, fulJy called over. Then the absentees :U'e called a second time, and if still ab Blanchard, Edmunds, J\IcCord, Stilhlnecker, sent, excuses are to be heard. Bland, Elliott, 1\IcCormick, Stephenson, Now, Mr. Speaker, that being the spirit of the rule, that the roll Boatner, Ellis, McCreary, Stewart, Ga. Boutelle, Enloe, l\IcDuffie, ~tewart, Vt. shall be called twice, the House can see the greab injustice that is done Bow
8942 ,, CONGRESSIONAL -RECOR~HOUSE. AUGUST 21,
simple, that one call is all that the rule requires, and then that ex tion of a. bridge across the Mississippi River at some accessible point cuses may be offered for absentees. The rule is very explicit and the between the mouth of the Illinois and the mouth of the .Missouri Chair has repeatedly ruled on it. Rivers. Mr. WHEELER, of Alabama. The Chair has repeatedly ca11sed the I will state to the House that this is a Senate bill which has passed roll to be called a second time. the Senate and has been unanimously reported by the Committee on The SPEAKER. The Chair has once done so, but it was by inad Commerce of the House and, as the gentleman from New York (M:r. vertence. BAKER] knows, ha.s been submitted to the Secretary of War. It con· At 11 0 1clock and 35 minutes- tains all the usual provisions of a bill of this character, and I ask The SPEAKER. The Clerk reports 166 members present-a quo unanimous consent that the reading of the bill may be dispensed with rum. and that it be published in the R:KCORD. Mr. McKINLEY. I move to dispense with all further proceedings The SPEAKER. The Clerk will read the title of the bill. under the call. The Clerk read as follows: The motion was agreed to. To authorize the construction of a bridge across the l\Iississippi River at some accessible point between the mouth of the Illinois and the mouth of the l\!is The Journal of the proceedings of yesterday was read and approved. som·i Rivers. CHANGE OF Til\IE OF HOLDING COURTS IN THE WESTER~ DISTRICT The SPEAKER. Is there objection to the present consideration of OF 1\IISSOURL the bill? The Chair bears none. Is there objection to the request Mr. CULBERSON, of Texas. I desire unanimous consent to make to dispense with the reading of the text of the bill and that it be a statement to the House. printed in the RECORD. The Chair hears none. The SPEAKER. Is there objection? [After a pause.] The Chair The bill is a.s follows: bears none. Be it enacted, etc., That the St. Clair, l\Iadison and St. Louis Belt. Railroad Mr. CULBERSON, of Texas. In the early part of the session we Company, a wrporation organized under the laws of the State of Illinois, its passed a bill to regulate the times of holding courts in a Missouri dis successors, is hereby authorized to construct and maintain a bridge across the Mississippi River, at such point a.s may be hereafter selected by said corpora trict. By mistake we required courts to be held at two places on the tion, between the mouth of .the Illinois River and the mouth of the Missouri same day in the same district. The Senate has passed a bill to correct River, as shall best promote the public convenience and welfare and the neces the error, which is now on the Speaker's table. I askunanimouscon sities of business and commerce. That said britlge shall be constructed to pro· vide for the passage of railroad trains, and, at the option ot the corporatiou by sent that it be taken from the Speaker's table and put upon its passage, which it may be built, for the transit of foot passengers, animals, wagons, and as the present situation is creating a great deal of inconvenience to the vehicles of all kinds for such reasonable rates of toll as may be·approved from people of that district. time to time by the Secretary of War. SEc. 2. That such bridge sha.11 be constructed and built without interference The SPEAKE~. The Clerk will read the bill, after which the Chair with the security and conYenieuce of navigation of such river beyond what is will submit the question of granting unanimous COilSf'.nt. necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said corporation shall submit to the Secretary of The Clerk read as follows: War, for his examination and approval, a design and drawings of the bridge A. bill (S. 4335) to change the time of the sessions of the circuit and district and a map of location, giving for the space of 1 mile above and 1 mile below th~ courts for the western district of Missouri. proposed location the topography ot the banks of the river, the shore.Jines at Be it enacted, etc., That the terms of the circuit and district courts of the high and low water, the location of any bridge or bridges, and shall furnish United States for the western division of the western district of Missouri shall such other information a.s shall be required for a full and satisfactory under bezin and be held at Kansas City, in said State, on the first Mondays in March standing of tbe aubject; and until the said plan and location of the bridge are and September annually. approved by the Secretary of War the bridge shall not be commenced or built: That the terms of the circuit and district courts of the United States for the Provided, That if the said bridge shall be made with unbroken and continuous St. Joseph division of the western district of l\fissouri shall begin and be held in spans it shall have one channel span of not less than 350 feet in length and of nn St. Joseph, in said State, on the first Mondays in April and November annually. elevation not less than 55 feet a.bo"Ve high-water mark as understood at the point That the terms of the circuit aud district courts of the United States for the of location to the lowest part of the superstructure, and the clear head-room of eentral division of the western district of Missouri shall begin and be held at other than channel spans may be less than 55 feet: And provided, also, That if Jefferson City, in said State, on the third Mondays in April and November an· said bridge shall be made with unbroken and continuous span!.' there shall, nually. during the season of navigation, be posted in a conspicuous place on or near the That the terms of the circuit and district courts of the United States for the bridge the clear head-room under the channel span on that day, the figures ex southern dirnion of the western district of Missouri shall begin and be held at pressing this height to be readily visible to the naked eye from any point in the . Springfield, in said State, on the third Mondays in May and October annually. channel of the river for a stretch of 4,()(1() feet, of which 3,000 shall be above and ( SEC. 2. That all proces issued and returnable to either of said courts, in pur 1 000 shall be below the channel span of said bridge, and the piers of said brid&"e suance of exi ting law, shall be deemed returnable to the terms in this a.ct es s~ll be parallel with the current of the river: And prouided, a~o, That if any tablished, and all recognizances for appearances at any of said now existing bridge built under this act shall be constructed as a draw-bridge the same shall be terms shall be deemed and taken t-0 have reference to and legal effect in the re· constructed a.s a. pivot draw-bridge, with a draw at a point accessible and conven· spective terms in this act established, a.ll with the same force and effect a.s if this ient for navigation, and with spans of not less than 200feet in length in the clear act had been in force at the time such process was issued and such recognizance on each side of the central or pivot pier of the draw, and the next adjoining span ta.ken. or spans shall not be less than 350 feet in length, and the head-room under such SEC. 3 . .Al1 acts providing for holding either of the courts in the first section spans shall not be les!I than 10 feet above high water: And provided. also, That of this act mentioned at times other than those in said first section mentioned if any bridge built under this act shall be constructed as adraw-bridgethe same are hereby repe&led. shall be provided with such. protection piers and guide piers as the Secretary of War shall require, and there shall be displayed at a point plainly visible to The SPEAKER. Is there objection to the present consideration of boats passin&" through the draw a record showing the stage of water and the bill? [After a pause.] The Chair hears none. whether the river is rising or falling: Provided also, That said draw shall be The bill was ordered to a third reading; and it was accordingly read opened promptly upon reasonable signal for the passage of boats, and said cor poration shall maintain at its own expense from sun"'Set to sunrise such lights the third time, and passed. or other signals on said bridge as the Light-House Board shall pre!!cribe: Pro Mr. CULBERSON, of Texas, moved to reconsider the vote by which vided, also, That all railroad companies desiring the use of such bridge shall the bill was passed; and also moved that the motion to reconsider be have and be entitled to equal rights and privileges relative to the passage of railroad trains over the same and over the approaches thereto upon payment laid on the table. of a reRsonable compensation for such use; and in case the owner or owners of The latter motion was agreed to. said bridge and the several railroad companies or any one of them desiring The SPEAKER. Without objection, the House bill of a similar such use shall fail to agr~ upon the sum or sums to be paid, and the rules and conditions to which each shall conform in using said bridge, all matters at issue character will be laid on the table. between them shall be decided by the Secretary of War upon a hearing of the There was no objection. allegations and proofs of the parties. SEC. 3. '!'hat the Secretary of \Var is hereby authorized and directed upon re BRIDGE A.CRO S THE RED RIVER OF THE NORTH. ceiving such plan and map and other information, and upon being satisfied thll.t a bridge built upon such plan and with such accessory works and at such local Mr. HALL. - I ask unanimous consent for the present consideration ity will conform to the prescribed conditions ofthis act, to notify the company of the bill (H. R. 3715) to amend an act entitled "An act authorizing that he approves the same; and upon receiving such notification the said com the construction of a bridge across the Red River of the North," ap pany may proceed to the erection of the said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the -proved July 16, 1888. bridge or said a.ccessory works daring the progress of the work thereon such The bill was read, as follows: change shall be subject likewise to the approval of the Secretary of War; and Be it enacled, etc., That section 5 of the act entitled "An act authorizing the in case of any litigation arising from any obstruction or alleged obstruction to construction of a. bridge across the Red River of the North," approved July 16, the free navigation of said river, caused or alleged to be caused by said bridge. 1888, be. and the same hereby is, amended so as to extend the time for complet the case may be brought in the circuit court of the United States for the district . : ing said bridge t-0 four years from the date of passage of said act, instead of two in whose jurisdiction any portion of said obstruction or bridge may be lo ye&rs as specified therein. cated. SEC. 4. That tbe said bridge, when built and constructed under this act and The SPEAKER. Is there objection? The Chair hears none. according to the terms and limitations thereof, shall be a lawful structure; and Mr. BROSIUS. Will any debate be required on this bill? said bridge shall be recognized and known as a post-rnute, upon which also no Mr. HALL. None whatever. higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile The bill was ordered to be engrossed for a third reading; and being paid for the transportation over the railroads or public highways lea.ding t-0 said engrossed, it was accordingly read the third time, and passed. bridge; and said bridge shall enjoy the rights and privileges of other post· .. Mr. HALL moved to reconsider the vote by which the bill was passed; routes in the United States• SEC. 5. That the United States shall have the right of way for such postal and and also moved that the motion to reconsider be fa.id on the table. telegraph lines across said bridge as the Government may construct or control, The latter motion was agreed to. and all telegraph and telephone companies shall have equ&l rights and privi· leges in constructing and maintaining their lines over said bridge. BRIDGE ACROSS THE MISSISSIPPI RIVER BETWEEN THE MOUTHS OF SEC. 6. That Con&"ress shall have power at any time to alter, amend or repeal THE ILLINOIS A.ND MISSOURI RIVERS. this act whenever in its judgment the public interests so require; and all alter· Mr. HATCH. Mr. Speaker, I ask unanimous consent for the pres ations of said bridge or its entire removal shall be made &t the expense of the ', owners of or persons controlling such bridge: Pr<>videdfurther, That nothing in ent consideration of a. bridge bill (S. 3979), to authorize ~e construe- this act shaJ.l be so construed as to repeal or modify any of the provisions ofln.w ~ ...... I .- .,,,,. : . .. .. t- •. " ·. 1890. CONGRESSIONAL REOORD-HOUSE. 8943 now existing in reference to the l?rotect.ion of the navigation of rivers or to ex The letter to you from Hon. Epps. Hunton, attorney at law in this city, on the empt this bridge from the operation of the same. subject of this resolution is herewith returned. SEC. 7. That this act shall be null and void if actual construction of the b~id~e Very respectfully, herein authorized be not commenced within two years and completed withm REDFIELD PROCTOR, four years from the date hereof. Secretary of War. Hon. B. M. OuTCHEON, Mr. HATCH. There is an amendment report~ by the Committee IJhairman Committee on Mililary Affairs, House of Representatives. on Commerce; but the gentleman from New York, the chairman of the committee (Mr. BAKER], will bear me out in the statement that as re WAR DEPARTIUD."T, AD.TUTANT-GE?.'ERAL'S OFFICE,'---~ ported there is an error in the amendment, which was to strikeout the Washington, March 29, lz:sw. word "assigns" and not "assigns or successors." The gentleman Statement of the military service of Charles B. Stivers, of the United States Army, compiled from the records of this office. from IllinoL~ [.Mr. M.A.SoN] reported the bill. Cadet at the U.S. l\filitary Academy, from July 1, 1852, to July 1, 1856; seconil Mr. MASON. The committee voted to strike out the word ''as- lieutenant, Seventh Infantry, July 1, 1856; first lieutenant, April 20, 1861; cap ·- signs.'' tain, Sept.ember 9, 1861; dismissed, July 14, 1863. The SPEAKER. "Assigns or" are the words stricken out. Reinstated, August 11, 1863; retired, December 30, 1861; regimental quarter· master April l, 1860, to September 9, 1861. The amendment was agreed to. He joined his regiment December 21, 1856, and served with it in Texas to The bill as amended was ordered to a third readingj and it was ac March, lS.58; in Utah to September, 1858; in New Mexico to May, 1863; sum cordingly read the third time, and passed. marily dismissed July 14, 1863. Reinstated by revocation of order of dismissal, and rejoined regiment October, 1863, and served with it in New Mexico to April Mr. HATCH moved to reconsider the vote by which the bill was 17, 1864; on recruiting service to October, 1864; on sick leave to December 80, passed; and also moved to lay the motion to reconsider on the table. 1864, when he was retired for disability. The latter motion was agreed to. On mustering and disbursing duty from January 19 to August 12, 1865. On duty as professor of military science and tactics at the Western Military InslJ CAPT. CHARLES B. STIVERS. tute near Dayton, Ohio, from December 31, 186.5, to March, 1869. CHAUNCEY McKEEVER, Mr. WILLIA.MS, of Ohio. I desire to ask unanimous consent for Acting Adjutant-Oeneral. the present consideration of House resolution 39, joint resolution de claring the retirement of Capt. Charles B. Stivers, of the United States [Special Orders, No. 313.] A.Imy, valid, and that be is entitled as such retired officer to his pay. 'v AR DEPARTMENT, AD.TUTANT-GENERA.L's OFFICE, Washington, July 15, 1863. Mr. BUCHANAN, of New Jersey. A parliamentary inquiry, Mr. .. * Speaker. Do these matters come out of the morning hour? 6. By direction of the President, Capt. C. L. Stivers, Seventh United States The SPEAKER. Theydonotcome out of the morning hour. They Infantry, is hereby dismissed the service of the United States, for disobedience . , come out ot the day. of orders and absence without leave, to date July 14, 1863. * * • * * * * The Clerk read as follows: By order of the Secretary of ·war: ·' R~solved, etc., First, that the retirement of Capt. Charles B. Stivers, of the E. D. TOWNSEND, United States Army, upon the finding of a retiring board on the 30th December, .Assistant Adjutant-General. 1864. under the provisions of the a.ct of Congress of August 3, 1061, is a legal and valid retirement: second, that sa.id Capt. Charles B. Stivers is and always has [Special Orders, No. 356.] been entitled to his pay as such retired officer. WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE. The SPEAKER. Is there objection? Washington, August 11, 1863. * * * Mr. BRECKINRIDGE, of Kentucky. I do not like to object if I 24. So much of Special Orders, No. 313, July 15, 1863, from this offi.ce. as dig. can help it; but I would like to have a statement as to whether this missed Ca.pt. Charles B. Stivers, Seventh United States Infantry, from the serv carries some twenty-six years' pay. If it does so, I do not think it ice of the United States for disobedience of orders and absence without leave, is hereby revoked. ougb t to pass. * • • • Mr. WILLIAMS, of Ohio. I did not catch the statement of the gen By order of the Secretary of War: tleman from Kentucky. E. D. TOWN~"'D, Mr. BRECKINRIDGE, of Kentucky. My question was whether Assistant Adjutant-Genera!. this carried with it twenty-six years' pay. [Special Orders, No. 474.] M.r. WILLIAMS, of Ohio. No, sir; this officer has drawn his pay WAR DEPAJ?.TMENT, ADJUTA1'"1'-GE..>raRAL'S OFFICE, up to the present time-; but this legislation is made necessary on ac TJtashington.. , December 30, 1864. count of the question that was raised in the Rankle case and others. * * ~ * * 57. Capt. C. B. Stivers, Seventh United States Infantry, having been fonnd by He was dismissed for being absent without leave. Upon investiga a. board of examination to be physically incompetent to discharge the duties of tion they found that he was not absent without leave. He was rein his office, and the findin~ having been approved by the President his na.me stated within a month afterward and served for eighteen months sub will be placed upon the list of retired officers of that class in which the disabil sequent thereto, and wa3 then retired on account of disability. ity results from long and faithful service or some injury incident thereto, ·. k * * * * * * Mr. BRECKINRIDGE, of Kentucky. The bill seems to validate By order of the Secretary of War. '1ll order of retirement made in 1864 and also declares that be was en E. D. TOWNSEND. titled to pay as such officer. ..4.ssistant Adjutant-General. Mr. WILLIAMS, of Ohio. He has drawn his pay. It was on ac WAR DEPARTME1'"T, Washin.Dton, October 29, 1885. count of a question raised by the last Administration in regard to Sm: I have the honor to request your opinion as to the legal status, in re&pect Runkle and others. The court held that the President bad the power to their right to hold a.ppointments and to draw pay as officers of the Army on to dismiss an officer, but he had no power to reinstate him. the retired-list, of the following-named perS'ons: * • • * $ • • Mr. HOLMAN. I submit that the report had better be read. Charles B. Stivers, now borne on the Army Register as captain, retired. Mr. BROSIUS. I hope the reading of the report will be dispensed • * • • • * • with. The facts in relation to each of these officers, upon which my request for your The report was read, as follows: opinion}s based, a;e a.s follo':s: * * * * Mr. OSBORNE, from the Committee on Military Affairs, submitted the follow Capt. Charles B. Stivers, then of the Seventh Infantry, was summarily dis ; ing report (to accompany H. Res. 39): missed July 15, 1863, and restored to his position by the revocation of the order . The Committee on l\Iilitary Affairs, to whom was referred House Reso1ution of dismissal August 11, 1863. Copies of the orders of dismissal and revoca 39, declaring the retirement of Capt. Charles B. Stivers of the United States tion, issued in the name of the President, are herewith. The dismissal was re Army, valid, and that he is entitled as such retired officer to his pay, have duly voked on the ground that the actual fu.cts, as subsequently ascertained, did not considered the same and submit the following report: justify so severe a. punishment. Captain Stivers returned to the position from Capt. Charles B. Stivers was dismissed the service by order of the President which dismissed (the vacancy not having been filled m eantime) and continued oftbe United States, July 14, 1863. to serve in that position until December 30, 1864, when, upon the finding of a. It was almost immediately ascertained tha.t the supposed ground of his dis retiring board, he was retired from active service under the provisions of the missal was without foundation in fact, and the President, on the 11th of August, act of .August 3, 18Gl. 1863, i·evoked his former or<:ler and restored Captain Stivers to his former rank * .. * and duty. December 30, 1864, Captain Stivers was i·etired pursuant to the rec None of the officer hereinbefore named were (assuming that they were le ommendation of a r etiring-board, and continued to draw his pay as such re· gally separated from the Army for a time) restored to the Army by and with tired officer until a recent date. It has been aseertained by a decision in the the advice and consent of the Senate, and on this fact rests the doubt whether Court of Claims tbat while in 1863 lhe President bad power to summarily dis they, or such of them as were legally out of the service, were legally restored miss an officer he had not the power to revoke such order of dismissal, eyen to or now legally bold their present recogni~ed positions as officers of the \ when improvidently made. Army on the retired-list·. The bill in this case seeks to cure the defect in the authority of the Presklent This question arises in "\'iew of the recent decisions of the Court of Claims in ' rest ·. • . ~. - \ . "" 8944 CONGRESSIONAL REOORD-HOUSE. AUGUST 21, ·' .... Charles B. Stivers, as captain, retired, * • I now have 'the honor to sub- WAR DEPAitTMENT, ADJUTU°T-GE:r.~RAL'S OFFICE, mit the following: • IC Washington, March 22, 1889. Tlie case of Capt. Charles B. Stivers is as follows: Srn: Referring to your letter of the 16th Instant in regard to the case of Capt. 'Vl.Jile holding a. commission as captain in the Seventh Infantry he l\'as sum Charles B. Stivers, United States Army, retired, I have the honor to inform you marily dismissed the service by direction of the President, to date July Ht 1863, that further action by the Depa.rtment in this case shall be deferred until Con ;>er Special Orders, No. 313, issued from the \Var Department, dated \Vasning gress shall have had time to take action in the matter. ton, July 15, 1663. Of this order he was notified, as appears by a letter from him Very respectfully, your obedient ser'\'ant, to the Adjutant-General dated at Rouse's Point, N. Y., July 28, 1863, wherein he · R. C. DRU:\!, Adjutant-General. writes: "I have been dismissed the sen·ice for not joining my regiment. l\Iy Hon. EPPA HUNTOY, health has been so feeble that I could not do so. I l'espectfully ask that my case Room37, Co1·coran Building, Washington, D. C. be reconsidered, and that if consistent with the inlerestd of the service that I may be reinstated to my former rank." Afterwards. on recon~ideration of his case, Copy of indorsement on letter from the chairman Committee on Military Af . the order of dismissal was revoked by Special Orders, No. 356, issued from the fairs, House of representatives, dated the 27th ultimo, transmitting House Wru.·Department,dated Washio~ton,Augu tll,1863. Thereupon Captain Stivers resolution 39, joint resolution declaring retirement of Capt. C. B. Sti'\'ers valid, returned to the position from wuich he wa~ dismissed (the vacancy not having and that he is entitled as such retired officer to his pay. b een filled in the mean time), and cont.Inned to serve in that position until De LFirst indoreement. J cember 30, lS&i, when, upon the finding of a retiring board, be was retired from active service under the p1·ovisions of the act of August 3, 1861. ADJUTA~"'T-GENERAL'S OFFICE, March 29, 1890. At the timo of the dismissal of Captain Stivers, as above, the President was Respectfully returned to the Secretary of War, inclosing a. statement of the invested with power to summarily dismiss from service a. commissioned officer milit9.ry services of Ca.pt. Charles B. Stivers, United States Army, retired, and of the Army. '!'his power Hf not already posst:.:..ied by him) was given by section inviting attention to the indorsement of this officer ot the 28th instant upon li of the uct of July li, L862, chapter 200. l\Ir. Hunton's letter of the 26th instant respecting this case, and the papers re In the case of the United States 1•s. Corson (114 U. S. llep., 619} the effect of an ferred to in that indorsement herewith. order of dismissal by the President, issued while clothed with that power, a.nd No objection whatever is known to the enactment of any la.w which shall se nlso the etrect of its subsequent revocation by him, were considered by the cure to Captain Stivers his present position of captain on the retired-list of I.he Supreme Court. Army in case there is any dange:.- of his losing that position. It is suggested, There an officer holding a. commission as captain and assistant quartermaster however, that if the dismissal of Captain Sth·ers in 1863 was valid it· legally put of volunteers was, by order of the President, dated l\Iarch 2i, 186.>, summarily him out of the Army, aud that a person not in the Army can be made an officer dismissed the service. On June 9, 186.5, an order was issued by the P1·esident therein in one way only, namely, by appointment of the President, with tl1e revoking the order of dismissal and restoring him to his former position in the consent of the Senate. service. Between tho date of dismissal, l\Iarch 2i, 186.5, and the date of revoca C. McKEEVEll, tion, June 9, 18&3, it does not nppear that the vacancy was filled by another ap A.cliug .Adjutant-Uenaal. pointment. By an order issued from the 'Var Department under date of June 19, 1865, he was assigned to duty as division quarlermaste1·of the First Dh·ision, Mr. BRECKINRIDGE, of Kentucky. This does not carry with it First Army Corps, with tho temporary rank of major in the Quartermaster's any charge or appropriation, but is to >alidate the prese.nt pay? Department, under the aetof July 4, 186l, and served in that position until Octo Mr. WILLIAMS, of Ohio. Yes; that is all. ber 7, 1~, when he was bonorabfy mustered out of the service of the United ·. States. Mr. CUTCHEON. This officer bas never been off the retired-list at The court helu that the effect of the order of l\Iarch 27, 1865, dismissing the any time. It simply settles a question of doubt. That is all. officer from the service, was to sever his relations with the Army; that hence Mr. HOLMAN. I would like to have the bill rend again. forward, and until in some lawful way again appointed, he was disconnected from that bmnch of the public service as completely•ns if he had never been The SPEAKER. The resolution has been read, but th,e Clerk will an officer of the Army, and that he could not regain his position and become read the resolution again without there is objection. entitled to its emoluments by means of a subsequent order revoking the order Mr. BROSIUS. I call for the regular order. of dismissal and restoring him to the position. This decision of the Supreme Court is clearly applicable to the case of Captain The SPEAKER. The morning hour begins at 12o'clock and- Stivers, and must be regarded as conclusive of it. According to the doetrine Mr. BROSIUS. I withdraw the call for the regular order, on the there laid down the order of July 15, 1863, dismissing that officer from service. understanding that it .vill not take more than five minutes to pass the created a vacancy which could not otherwise be filled than by an appointment with the advice and consent of the Seuate (97 U. 8., supra); and consequently joint resolution. the subsequent order of August 11, 1863, revoking that order was ineffectual lo The SPEAKER. Is there further objection? restore him to his former position iu the Army, although it had in the mean Mr. KER of I a. I renew the demand. time remained vacant. It follows that when afterwards Captain Stivers was put upon the retfred-list he was not a commissioned officer of the .Army, and for that reason was not eligible to a place on that list. 'l'he finding of the retiring boa1·d (upon which Mr. HEND I desire to pre.'3ent a privileged re- he was placed there) thRt he was incapacitated for active service was not con port. clusive of the question of his eligibility, the jurisdiction of the board being lim The report was read, as follows: ited to the determination of "the facts as to the nature and occasion of the dis ability" of the officer, and not including within its scope the validity or inva The Committee on Rivers and Harbors, to whom was referred the bill \I!. R. lidity of his commission. 9680) making appropriations for the construction, repair, and preservation of I am therefore of the opinion that Captain Stivers is not entitled to be borne certain public works on rivers s.nd harbors, and for other purposes, together on the retired-list of the Army. with the amendments of the Sen:ite thereto, havir:g considered the same, beg leave to report a.s follows: * >?: * • • I am, sir, very respectfully, * They i·ecomruentl non-concurrence in all of the amendments of the Senate A. H. GARL~KD, Allomey-Gen~ral. numbered from 1 to 236, inclusive, and that the request of the Senate for a con ference be agreed to. The SECRETARY OF WAR. Mr. KERR, of Iowa. I make the point oforder that that report re DECE)IBER 6, 1888. . quires its first consideration in Committee of the Whole. Sm: The case of C. B. Stivers, now on the retfred-Jist as captain, was some ~Ir. HENDERSO:N", of Illinois. ~fr. Speaker, I submit that this is time ago referred by this Department to the Attorney-General for his opinion as to whether said Stfrers is properly on the retired-list and entitled to pay, a privileged question, but in view of the fact that it mn.y take some The Attorney-General informed me this morning that he had returned the time to discuss it, and as I do not wi h to interfere with the special papers to you with his opinion. rule under which the House is operating, I ask leave to withdraw the I a.m the attorney for Captain Stivers, and respectfully ask to be heard on the case if the opinion of Attorm.•y-General is adverse to Captain Stivers. report ttntil to-morrow morning, giving notice now that I shall press it Plea!eadvise me. at that time. Your obedient servant, The SPEAKER. The gentleman withdraws the i·eport. The morn EPPA HUNTON, 1 37 Co1·C'o1·an Buildina, Oily. ing hour begins at 11 0 clock and 6 minutes. Hon. ·w. 0. ESDICOTT, Ur. HENDERSON, of Illinois. Mr. Speaker, I ask unanimous con Secrrtary of War. sent to have the amendments to the river and harbor bill printed in the RECORD to-morrow morning, WAR DEPARTMEST, Wasltingloii City, December 13, 1888. The SPEAKER. The gentleman from Illinois asks unanimous con Sm: I haYe the honor to acknowledge the receipt of your letter of the 6th in· sent that the reading of the amendments be dispensed with, and that sta.nt, requesting to be heard if the opinion of the Attorney-General on the the same be printed in the RECORD. question whether Oa.pt. Charles B. Stivers is properly on the retired-list of the Army is adverse to Captain Stivers. 1\!r. CANNON. Have the amendments been numbered and printed? '. In reply, and in accordance with my promise to you, I inclose a.n extm.ctfcom .Mr. HENDERSON, of Illinois. Yes. so much of my letter of October 29, 1885, as requests an opinion of the Attorney Mr. .ROGERS. I rise to a parliamentary inquiry. Dot understand General in regard to the legal status of Captain Stivers, and also an extract from so much of the opinion of the Attorney-General dated December 3, 1888, that the effect of tb,e unanimous consent just asked will be to dispense as relates to Captain Stivers. • with the reading of the amendments when the bill comes up for consid Very respectfully, eration? WM. C. ENDICOTT, Se<:retaryof lf'm·. The SPEAKER. It will dispense with the reading of the amend- Hon. EPPA HcxTos, m~t.s. 37 Col'Corcm Build illy, Wa.~ hinJl on , D. C. Mr. ROGERS. At any time before the consideration of the bill ? The SPEAKER. The Chall' thinks so. I:! there objection ? 'VAR DEPARTllEXT, Washiitgton Oily, Ja11uary 18, 1889. There was no objection. Sm: Refening to my letter of the 13th ultimo on the subject, I beg now to in The amendments are as follows: form you that the Department does not feel at liberty to lon~er delay action on Improving harbor of refuge at Little Harbor, New Hampshire: C<>n the opinion of the Attorney-General in the case of Capt. Charles B. Stivers, tinuing improvement, (1) [twenty] fifty thou._~nd dollars. United States Army, retired, and that unless 1·eason is shown to the contrary I shall be constrained shortly to act in conformity with that opinion. Improving harbor at Burlington, Vermont: (1) [Continuing improve V ery respectfully, ment] Fm· repairs, (3) [fifteen] ticcnty thousand dollars. WM. C. ENDICOTT, Improving harbor at Gordon's Landing, Lake Champlain, Vermont: &cretary of Wal'. Hon. EPPA HU!lo"TOs, (4) [Completing improvement] To complete break1cafer1 six thousand 37 Corconm B11ild ing, TJ'aahinoton, D. 0, dollars. \ - ,. ·. . ; ·. , •1 ;,• - . ... : 1890. CONGRESSIONAL RECORD-HOUSE. 8945 Improving harbor at Boston, Massachusetts: Continuing improve- (32) [Improving harbor · t Cape Charles City and approaches by ment, one hundred and (5) [twenty-five] forty-five thousand dollars, Cbenton Inlet, Virginia: Twenty-five thousand dollars, tor dredging of which sum seven thouSi:iond dollars to be used in wideningNanta.sket only.] Beach Channel (6), [and]; twenty-five thous:.md dollars in extending Improving harbor at Charleston, including Sullivan's Islandt South main ship channel from its termination at the southeast corner of Carolina: Continuing improvement, three hundred and (33) [fifty] sev Grand Junction Wharf ea.stwardly toward Jeffrey's Point, (7) and enty-jit:e thousand dollars, of which pve thousand dollars shall be ex ttcenty thousand dollm·s for continuing improvement of Charles River,· Pro- pended on Mount Pleasant shore of inner harbor of Charleston, South vicled, That no expenditure of this money shall be made until the draws in Carolina. tlie Arsenal street and Market street bridges shall be made to confoNn to the Improving Cumberland Sound, Georgia and Florida: Continuingim- projectecl channel without cost to the United States. provement, one hundred and (34) [twelve thousand five hundred] fifty Improving harbor at Nantuckett Massachusetts: Continuing im- tlwttsand dollars. provement t 8) [twenty] twenty-jive thousand dollars. Improving harbor at Apalachicola. Bay (35) and tlte m.outli of ihe?"iver, Improving harbor at Provincetown, .Massachusett.s: (9) [Continuing Florida.: Continuing improvement, twenty thousand dolJars. improvement] Completing existing project, seven thousand five hundred Improving harbor at Cedar Keys, Florida: Continuing improvement, dollars. I two thousand five hundred dollars, ( 36) a part of u'hich 111,ay be ea.pended Improving harhor at Manchester, Massachusetts: Continuing im- at De:rrick Island Gap on the inside channel from Suwanee River. provment, (10) [two thousand five hundred] five thoitsand dollars. (37) Impr<>ving, dredgin{f,'and deepening the channel of Charlotte Harbor Improving Salem Harbor, including South River, Massachusetts; and Pease Creek, Florida, to the pier at Punta Gorda, the terminus of the (11) [ten] fom·teen thousand dollars. Florida &ntthern Railroad, fifty thousand dolwrs. (12) Oo11sirttcting national harbor of refuge at 01· neat· Point .Tudith (38) Improi•ing harbor at St. Augustine, Florida: To complete pl'otec- Rhode Island: Oonmwncing construction, one hundred thousand dollars. tion f ro11i erosion, according to the esti1nate of Captain W. M. Black, unde1· Improving harbor at Bridgeport, Connecticut: Continuing improve- date of May twenty-fourth, eigliteen hundred and ninety, tld11y thousand ..: ment, twenty thousand dollars (13), of which fifteen tlwusand dollars shall dollars. be expended in constructing breakwater between the Tongue and inner bea- (39) Improving entrance to Galveston Barbor, Texas: Continuing im- ·. con, and five thousand dollars to complete improvement above the bridge. pl'oi:ement, five lmndred thou.sand dollars : Pr<>vided, That contracts may be (14) [Improving breakwater at New Haven, Connecticut: Contin- entered into for such materials and work as may be necessary t<> «arry out uing improvement, one hundred thousand dollars.] the plan cmitained i'n the report of the C iief of Engineers for eiglLteen liun- (15) Constructing breakwaters at N ew Haven, Connecticut, in accprdance dred and eighty-si.x for the 11nprovement of that harbor, to be paid fol' as alJ with the plrlns submitted by Cldef of Engineers in repol't f 01· eighteen lmn- p1·opriations may f1·om time to time be nu1de by law. dred and eighty-nine, page six hundred and seventy-eight: Continuing im- Improving harbor at Ashtabula., Ohio: Continuing improvement, provement, one hundred and twenty-five thousand dollm·s. (40) [twenty] forty thousand dollars. (16) Improting harbor at Wilson's Point: For 'Widening and deepening Improving harbor at. Fairport, Ohio: (41) [Continuing improvement, diannd, thirty-seven thou8andfive hundred dollars. thirty thousand dollars]. To complete existing project, twenty-one thou- (11) Im1J1·oving lia1·bo1· at Clinton, Connecticut: Continuing impl'ore- sand three hundred dollars. me11t, tlu·ee thoitsandfive hundred dollars. The owners of dock property abutting on the East Government pier Improving channel at Gowanus Bay, New York: Continuing im- on Grand River shall have the right to load and unload coal, ore, and pliovement by dcepeninp: to twenty-one feet mean low water and widen- other freight over so much of said pier as lies north of the inner shore ing the channel to four hundred feet on the (18) [notherly] northerly line represented on map in the report of the Chief of Engineers of side from the foot of Percival street, along the wharves to the twenty- eighteen hundred and eighty-one, (42) [under such limitations as to three foot curve, opposite the entrance to the Erie Ba.sin, sixty thou- time and use as shall be approved by the Secretary of War, and in ._ sand dollars. . : consideration thereof the owners of such dock property shall, at their (19) Improving Bay Ridge Clw.nnel in Gowanus Ba// New York Har- own proper cost and expense, sufficiently repair, renew, and protect the bor, by dredging out and opening the same from a poitfl at its junction with portion of said pier so used, and do all necessary dredging in Grand the Gowanu,13 Creek Channel (near Twenty-eighth street) southerly therefrom River, in front thereof, all such repairs, renewals, and dredging to be along and in front of Gowanus Bay and Bay Ridge to a pointwhm·e the said done under the supervision of the Chief of Engineers of the United Bay Ridge Channel so t.o be opened encounters a twenty-one-foot contour or States Army J on.p riyment of such rent therefor and under such limitations .._ •' depth of water, so that the channel so to be <>pened shall be of a tinifonn depth· as to time and use and t.uch other conditions of such right as shall be pre of twenty-<>ne feet and width of four ltttndred feet at low water, <>ne hundred scribed by the Secretary of War and always revocable by him. and ninety-eight tltousand six hundred dollars. Improving harbor at Huron, Ohio: Continuing improvement, in (20) [Improving harbor at Wilson, New York: Continuing improve- amended project to give sixteen feet depth at low water, sixteen thou- ment, five thousand dollars.] sand dollars. (43) The owners of dock p1·operty ahutting on tlie old , I (21) [Improving harbor at Sheep'~ Head Bay, New York: Continu· Government pier on the ea.'3t side of HuronRiver shall have the right toloacl ing improvement, five thousand dollars.] and 1mload coal, ore, and other freigltt over so mucli of said pier as lies (22) Improving lla1·bor at H1rntingto11, Long Island, New Yo»kt ten south of the shore line of Lake Erie, ttnd" such limitations as to ti1ne and thousand dollars. 1lse as shrill be amn·oved by the Secretary of War, and in consideration th1:1·eof (23) [Improving harbor of refuge at mouth of Salmon River, Lake the owners of such dock property sltall, at their own proper cost and expenset Ontario, New York, ten thousand doll!lrs.] sufficiently repair, 1·enew, and protect the p01·tion of said pier south of saicl Improving harbor at Raritan Bay, New Jersey: Continuing improve- shore line, and do all necessary dredging in Huron River in front tltereof; # ' ment, (24) [thirty-five] forty thousand dollars, (25) [part] one-half of all such repairs, renewals, and dredging to be done under the supervision of which may be used in dredging bar between South Amboy and Great the Chief of Engineers of tlte United States A1·m.1J. Beds light. For ice-harbor at the mouth of Muskingum River, Ohio: For re- Improving harbor at Erie, Pennsylvania: (26) [Continuing improve- pairs, ( 44~ [thirtyl fifteen tho~sa_nd doll~rs. . . ment, forty] Completiny existing project, twenty-fou~· thousand dollars. lmprovi_ng harbor .... t Vermillion, Ohio: For preservation of piers, Improvingtheha.rborof Philadelphia: ForremovalofSmith'sisland (45) [fourj two thousand dollars. and Windmill Island, in the State of Pennsylvania, and Petty's Island, Improving inner harbor at Michigan City, Indiana: Continuing im in the State of New Jersey, or such parts ofthem and the shoals adja- provement! (46) (five tho~and dollars] seven. tlwusandfivelmndreddol cent thereto as may be required, and for the improvement of the bar- lars, of which tu:o tlwusandjive hundred dollars may be el.pendedforanew - J bor between the cities of Philadelphia, Penns:vlvaniat and Camden dump Rcow. New Jersey, (27) (two] four hundred thousand dollars: (28) [PrO: Improving harbor at Black Lake, Michigan: Continuing improve- vided, That no part of this sum shall be expended until tlietitle to the ment, ( 47) [five] ten thousand dollars. · lands forming said islands shall be acquired and vested in the United Improving harbor at Muskegon, Michigan: Continuing improvement, States without charge to the_ latter, except as heretofore provided in (48) [fifty]twentythousanddollars(49), lth~ty-fo~rthousanddollarsof the act of August eleventh, eighteen hundred and eiehty-eight.] which to ~lose gap as recommended by engmee.r 1~ cha.rge.] . (29) The Se&retary of Wai· is directed to a]Jpoi11t a com11iiRsion of three Improvrng harbor of refuge at Sand Beach, Michigan: (50) [Contmu- 11e1·s<>11s, one of whom shall be a civil e11gi11ee1· of experience in the impr ers shall, as soon a.s possible, 11wke to the Secretary of Wm· a report, sub- Improving harbor at Ahnapee Wisconsin: Continuina0 improvement, mitting wi.th it a 11lanf<>1· th_e intpror:ement of said h_arb_or. . (53) [four] six thousand dollard. Improvmgbarbor atBaltunore, Uaryland: Contmumg improvement, Improving harbor at Kenosha, Wisconsin: Continuing improvement, (30) [thr~e] five hundred thousand dollars. . . . seventeen thousand five handred dollars (54) [two thousand five hun- Improvmg harb&r at Breton Bayt Maryland: Contmmng improve- dred dollars of the above appropriation to be expended in dredging the ment, (31) [three] flt:e thousand dollars. inner harbor]. XXI-560 ·. .. : . " 8946 CONGRESSIONAL RECORD-HOUSE. AUGUST 21,- ·; Improvrng harbor of refuge at Milwaukee, Wisconsin: Continuing same, during the time the United States shaU be or remain the owner improvement, (55) [seventy] eigltty thousand dollars. thereof, for all pttrposes exce1Jt the administration of the ctiminal laws of Improving harbor at Superior Bay and St. Louis Bay, Wisconsin: said State and the senice of ciril process on the lands and right of way Continuing improvement, ( 56) [fifty] sixty-five thousand dollars. so conveyed. The ba.lance of the app1·opriatio11, to ·wit, five tho11sand one Improving harbor at Duluth, Minnesota: Continuing improvement, hLLndred and twenty-tight dollars ancl seventy cents, fo1· examination of (57) [eighty] 01.e hundred thousand dollars, of which sum (58) [one Portage Lake and-J';ake Su1Jerior Ship-Canals, contained in the 1·iver an cl half] forty thousand dollars shall be expended on the harbor basin and harbor act of .Llugustjijth, eighteen 1!11ndred a11d eighty-six, is hereby 'made new channel east of Rice's Point and in the preservation and mainte available for each and ei-ery purpose connected with the establishment of nance of the canal and piers at the harbor entrance, and (59) (the other new harbo1· lines in Po1·tage Lake under the p»ovisions of the act of June half of said sum] sixty thousand dollars shall be expended on the chan· twentiezh, eighteen hundred and 11inety, authorizing and directing said e-~ nel west of Rice's Point and from thence along the northern shore of tablishme11t. St. Louis Bay to Grassy Point. Improving Penobscot River, l\faine: Continuing improvement, (68) : . and for dredging neal' Stern's mill, twenty-five thousand dollars. (60) The Secretary of War is hereby riutlwrized to accept front the city (69) Improving Kennebunk .Jiit:er, Maine, at or near itsmoutlt, itt·enty of Duluth the grant and conreyunce of the following-described real estate, thousand dollars, the entire amount to be e:c1Je11ded in repairs if 11ecessary. to wit: All the tract or JJarcel of lancl lying and being in the county of St. Improving Pawtucket River, Rhode Island: Continuing improve Louis a11d State of Minnesota, described as follows, to wit: Lots tu;o h1m ment, (70) [twenty] tlifrty thousand dollars. dred and fo1·t.11-seven, two h1rndred and fort,11-eight, two hundred and forty Improving Green Jacket Shoal, Providence River, Rhode Island: nine, tu·o hmidred andfifl!J, two hundred and fifiy-one, two hundred and {71) twenty-five nfty-two, two hundred and fifty-three, two hiind1·ed and fifty-four, two Continuing improvement, [twelve] thousand dollars. hundred and .fifty-fi:1:e, two hund1·ed and fift.1J-six, two hund1·ed and fifty \72) [Improving Harlem River, New York: Continuing improve seven, two hundred and fifty-eight, two hundred and fifty-nine, two hun ment, three hundred and fifty thousand dollars; and the Secretary of dred and sixty, on Lake avenue, Upper Dufoth, togethenvith all that pm·t War is directed to cause the low bridges now crossing said Harlem of Lake avenue, Minnesota avenue, and Portage street lying tmder the River to be replaced, at the expense of the owners thereof, by other bed of the canal, mider the piers 01· crib-work Oil sides of the canal at the bridges which shall leave a clear space of twenty-four feet between the entrance to the lla1·bor of Duluth and adjacent thereto, as shown between high water of spring tides and the under side of said bridges, and which lines AD aud B Con map showing the canal th1·ough .Minnesota Point, shall be provided with draw-spans and draws of tbe width and length filed iti the office of the Chief of Engineers, United States .Ar1ny; subject to be determined by the Secretary of War: Proiided, That the plans to the conditions under toflich certain other lots at Duluth 1cere accepted of said new bridges shall in all respects conform to the requirements of by the Government of the United States in the rit'er and ha1·bor act 10hioh the Secretary of War: And provided furtli.e:r, That the Secretary of became a law August eleventh, eighteen hundred and eighty-eight. War shall prescribe proper and reasonable regulations for 1he opening Improving harbor at Grand Marais, .Minnesota: Continuing imprO\·e and operating of the draws in said bridges.] ment, (61) (fifteen thousand dollars] twenty-two thousand three lmndred Im proving Schuylkill Hiver, Pennsy I vania: Con tinning improvement, and fifty dollars. {73) [twenty-five] fifty thousand dollars. • I Improving harbor at Agate Bay, Minnesota: Continuing improve (74) [The Secretary of War be, and he is hereby, authorized and ment, (62) [twenty] thirty thousand dollars. directed to negotiate tor and purchase, at a cost not to exceed one hun Improving harbor at Oakland, Califorma.: Con tinning improvement, dred and sixty-two thousand dollars, lock and dam number one and f.wo hundre,d and fifty thousand dollars ( 63), one-lwlf of which may, in its appurtenances, of the :Monongahela Navigation Company, a corpo· the discretion of the Secretary of War, be ea,pended in dredging thecntrance ration organized under the laws of Pennsylvania, which lock and dam to the ltarbor. number one and its appurtenances constitute a part of the improve (64) That tlw Secretary of War is authorized and directed to appoint a ments in water communication in the Monongahela River between board of three engineer officers of the United States Anny, whose duty it Pittsburgh, in the State of Pennsylvania, and a point at or near Mor shall be to e.mmine the Pacific coast between Points Duma and Capistra110 gantown, in the State of West Virginia. And the sum of one hundred with a view to determining the best 7ocation for a deep-wate1· harbor. Tlte and sixty-two thousand dollars, or so much thereof as may be necessary, said board shall repo11, to tlw Secrei{Iry of War a project for said harbor, is hereby appropriated, out of any moneys in the Treasury not otherwi,se with the estimated cost of the same, 1ulw shall lay said report before Congress appropriated, for consummating said purchase, the same to be paid on at its next session, with the views of the commission and of the Oliief of En the warrant of the SecreL'\ry of War, upon full and absolute convey gineers of the United Stafe'J Army thereon; and the suin of fire thousand ance to the United States of the said lock and dam number one and dollars, or so much thereof as may be necessary, is hereby appropriated fol' its appurtenances, of the said Monongahela Navigation Company. J ,. - tlte purpose. (75) [In the event of the inability of the Secretary of War to make Im proving barbor at Y aq uina Bay, O.regon: Con tin uin~ improvement, voluntary purchase of said lock and dam nnmber one and its appurte one hundred and {65) [twenty-five] eighty·fil'e thousand dollars. nances for said sum of one hundred and sixty-two thousand dollars, or a (65) The Secretary of Wm· is anl71orized a1ul di1'ectecl to appoint a board less sum, then the Secretary of War is hereby authorized and directed of three officer.~ of the Corps of Engine ' / ( - ,• .. .. ,., ... ,. 1890. CONGRESSIONAL RECORD-HOUSE. .' 8947 Improving Wicomico River Maryland, (78) [five] ten thousand dol- Improving the Ohio River: Continuing improvement, three hundred Jars. thousand dollars, of which sum seven thousand five hundred dollars Improving Elk River, Maryland, {79) ffive] ten thousand dollars. shall be expended in constructing an ice-pier pursuant to the present Improving Potomac Iliver at Washington: Continuing improvement, or prospective plan of the Chief of Engineers, at or near the mouth of (80) [two hundred and forty] three hundred thousand dollars, (81) of Kerr's Ran, in Ohio: Provided, That the Secretary of War is hereby wliich iluc;1dy-fii·e thousand dollars, or so much thereof as may be necessary, authorized and directed to obtain, if he can do so without cost to the may be e.rpended on the channel in the Eastern Bra'Aeh between the 1Ull'Y- United States, a perpetual lease or conveyance of the riparian rights of yar ) ! ' ...-,' ,- .. ~· . . .. ·. ·' -. .·. 8948 CONGRESSIONAL RECORD-HOUSE. ·' AUGUST 21, poses," which act became a. law August eleventh, eighteen hundred (l 30) [For work in accordance with the plans and specificati~s of and eighty-eight, and said canal and feeder shall be eighty feet wide at the Mississippi River Commission.] the water line and seven feet deep, the locks one hnndred and seventy (131) [At Q-reenville, Mississippi: Continuing improvement, one feet in length and thirty feet in width, and shall have capacity for vessels hundred and twenty thousand dollars.] of at least two hundred and eighty tons burden, with guard-gates, waate (132) [At Vicksburg, Mississippi: Continuing improvement, one weirs, Jocks, lock-houses, basins, bridges, and all other erections and fixt hundred and twenty thousand dollars.] ures that may be necessary for safe and convenient navigation of said (133) [At New Orleans, Louisiana: Continuing improvement, one canal and feeders, and shall be constructed on plans and specifications to hundred thousand dollars.] be approved by the Secretary of War ( 119) : Provided, That the Secretary of (134) [At the head of the Arehafa1aya and the mouth of Red River, TV-a,. shall, in his discretion, change or alter tlw dimensions of the locks of. Louisiana, for the rectification thereof, by preventing farther enlarge· .said canal and feeder if fo his 011inion the cost of saicl imp1·oi·etMnt is not ment of the Atchafalaya. and restricting it8 outlet capacity, and for tlw·eby increased. turning the waters of Red River in the north or upper channel around For continuing operations upon the reservoirs at the head waters of Turnbull's Island, and for keeping open a navigable channel through the Mississippi River, (120) [forty] eighty thousand dollars, to be ex the mouth of Red or Old River into the Mississippi, two hundred and pended in accordance with the (121) [recommendation] recommendations fifty thousand dollars.] of tbe.(122) (Board] Chief of Engineers iu (123) [their report to the Improving St. Francis River, from Greenville to the Arkansas line: Chief of Engineers, dated May twenty-fourth, eighteen hundred and C-0ntinuing improvement, ten thousand five hundred dollars; and the eighty-seven] !tis annual 1·eport for the year eightem hundred and eigltty Secretary of War is hereby authorized (135) [and directed] to purchase nine. the Cut-off Canal now owned and controlled by the Dunklin County Impl'oving the Mississippi from the landing on the west bank below Tran,sportation Company, of DunkJin County, Missouri, if, in his judg the Washingtouavenue bridge, Minneapolis, to the Des Uoines Rapids: ment, (136) [Government ownership of said canal would be the best Continuing improvement, five hundred thousand dollars. of which sum or the. mo~t economical route by which the free navigation of the St. thirty thousand dollars, or so much thereof as may be necessary, shall Francis River can be completed, and the snm of eight thousand dol· be expended by the engineers in charge in removing the sand-bars and lars of the sum hereby appropriated, or so much thereof as ma.y be other obstructions to navigation in the East Channel of the Mississippi necessary to make such purchase, is hereby appropriated) tlie interests River opposite the prairie, on whi<'h the city of Prairie du Chien, in of commerce require the purclwse to be made, and the swn he finds to be rea the State of Wisconsin, is located, the same being between Minneapolis sonable for tlie purpose may be taken fro11i the money herein appropriated. and Des Moines Rapids; (124) of tvldch stwi also fifty thousand dolla,.s (137) [Improving Missouri River from its month to Fort Benton, in shall be eJ:pended betu:een the Chicago, St. Paul, Minneapolis and Omaha cluding office and traveling expenses, salaries of commission, surYeys, Railroad bridge at St. Paul and the Washington arenue bridge, Minne permanent bench-marks, gauges, and so forth, nine hundred thousand apolis. in dredging, remoml of gravel, bowlders, and broken rock and the dollars, to be expended in the systematic improvement of the river constrttdion of dams and revetments; and, in the discretio~ of the Sec from it8 mouth up: Provided, That in the discretion of the Secretary retary of War, the sum of five thousand dollars, or so much thereof as ?f War such ~rtion of said sum as he may deem proper may be expended may be necessary, shall be expended iJ:t removing the bar in the river m the protection of harbors and localities on any portion of said river: at Port Byron, in the State of Illinois; five thousand dollars at Bur And provided further, That one hundred thousand dollars of said sum lington, Iowa, and two thousand dollars at Montrose, Iowa (125), [.And may be expended, in the discretion of the Secretary of War, on the the Secretary of War is berebyairected to pay, out of said sum to M. river above Sioux City; .fifty thousand dollars of said sum between J. Adams five thousand dollars, in fall of all claims and demands grow Sioux City, Iowa, and the north line of the State of South Dakota on ing ont of the test made by him of what is known as the Adams Flume, said river, ann fifty thousand dollars, the balance of said sum above the on the Upper Mississippi River, the said test having been authorized north line of South Dakota.] by Conw-ess.] (138) Improt'ing Missouri River f roni, its mouth to Siou.'V Oily, Iou:a in Improving Mississippi River, from Des :Moines Rapids to the mouth clulfive, embracing office, clerical, traveling, and other expenses of the Mis of the Illinois River, one hundred and sixty-five thousand dollars, out soitri River Commission, surreys, permanent bench-marks, and gauges, nine of which twenty-live thousand dollars shall be expended in continuing lmndred thousand dollars, to be expended by tlie Secretary of War in the the dredging in Quincy Bay, in the State of Illinois, and the Secretary sy wmatic impro1:ernent of the river from its mouth up to Sioux City, inclu sfre, according to the plans and specification of the Missou,ri River Commis of War i~ authorized and directed to cause an examination and report to be made by a competent engineer upon the advisability of reopen sion, to be approi·ed by hint: Provided, That in the discretion of the Commis· ing Willow Slough, or some other channel, from the Mississippi River sion sucli portion of said smn and of all tmexpended balances from former to Quincy Bay; and also fifteen thousand dollars of said sum shall be appropriations duri11 g the last four years for the impro1:ement of the Missouri used in the rectification of the river at Clarksvil1e, .Missouri, as sug River below Siou~'C City, or any part thereof, not exceeding two liundred and ge.cited in the report of Captain Ruffner; and also twenty-five thousand three thousand doUars, as tliey may deem pmper shall be expended in the pro dollars of said sum, or so much thereof as may be nece. sary, may be tection of harbors and localities on any part of the ril:er witliin said limits. expended at the discretion of the Secretary of War to protect the banks (139) Improving Missouri River between the foot of the Great Falls of of the river from erosion and prevent the destruction of the embank the said 1·iver in Montana and Siou.-c Oily, three hundred and fifty tlwusand ·, ment of the (126) [Suy] Sny Island levee. dollars, to be expended in the discretion of the Secretary of War, and he is (127) [Improving Mississippi River from Head of the Passes to the autlwrizecl to use so much thereof as may be necessary for tlte pro1:iding of mouth of the Ohio River, includinv; salaries and traveling expenses of two ice harborsi to be located by liim. the Mississippi River Commission: Continuing improvement, one mill Improving canal at the Cascades, Oregon: Continuing improvement, ion dollars, which sum shall be expended, under the direction of the four hundred (140) and fifty thousand dollars. Secretary of War, in accordance with the plans, specifications, and rec Improving the mouth ot Columbia River, Oregon: Continuing im ommendations of the Mississippi River Commission: Provided, That provement, (141) [four hundred and twenty-five] five hundred thousand no portion of this appropriation shall be expended to repair or build dollars. levees for the purpose of reclaiming lands or preventing injury to lands Imf)roving Lower Willamette and Columbia Rivers in front and be or private property by overflows: Provided, however, That the Com low Portland, Oregon: Continuing improvement, (142) [eighty] one mission is authorized to repair and build levees, if in their judgment hundred thousand dollars. it should be done, as part of their plans to afford ease and safety to Improving Coquille River, Oregon: Continuing improvement thirty the navigation and commerce of the river and to deepen the channel. thousand dollars (143), not exceeding tln·ee tlwu.sand dollars of which nw.y Out of the sum appropriated for this reach of the river twenty-five with the approval.of the Oltief of Engineers, be used for snagging. ' thousand dollars shall be expended in the protection and preservation (144) Improving Columbia River from the ltead of Rock Iiiland Rapids of the harbor at New Madrid, Missouri.] to the foot of Priest Rapids, Washington, seventy-nine thousand dollars, of (128) bnp1'oving Mississippi River fro11i the Head of the Passes to the 101tich ten tlwitSand dollars, or so niur.li tl1ereof as may be 1U'.cessm·y, 1nay be mouth. of ihe Ohio .ilfre1·, incl!Lding salaries, cletical, office, trareling, mid 'used in the s-uri·ey of the C<>lumbia Rit:er from the inteniational boundary niiscellaneo11s expenses of the Mississippi Rit'er Commission: Continuing to .Rock Island Rapids. .improvement, three 1nillion fit·e. lmndred thousand dolla1's, which suni sh ail Improving Cowlitz River, Washington: ContinuinO'0 improvement, be expend eel under the directum of the Secreta1·y of War in accordance with (145) [four] eight thousand dollars. the 11lans, specifications, and recommendations of the Mississippi Rit'er (146) Tl1e Secretary of War is authorized and directed to appoint a Commission, for th~ general bn11rovement of the river, for the biiilding of board of three officers of the Corps of Engineers of the United States Army, levees, fo1· surt·eys, for work at the Ti arbors at Hickman, Kentucky, at New whose duty it sliall be to select and survey theniostfeasible location, n "d es Ma adt•antageous to the G01:er111nent. 1Vheresaid works m·e done by c011tract, August eleventh, eighteen hundred and eighty-eight, be amended and such contract shall be made afte1· sufficient 1mblic adve1·tiseme11t fo1· pro re-enacted so as to read as follows: posnls, in s1tch maimer and form as the Secretary of Wa1· shall prescribe; Where it is made manifest to the ::;ecretary of War that the estab and such cont1'aots shall be nuule tcith the lowest responsiblo bidders, ac lishment of harbor-lines is essential to the preservation and protection conipauied by such securities as the Stcretary of War shall reqiifre, con of harbors, be may, and is hereby authorized to, cause such lines to diiiu11ed for the faithful prosecutio11 a11d completion of the wo1·k according be established, beyond which no piers, wharves, bulk-beads or other to suck contract; l.mt nothing contained in section thirty-seven hundred works shall be extended or deposits made, except under such regula and seventeen of the Revised Statutes of the United States, nor in (148) tions as ma.v be prescribed from time to time by him; ancl any person this section (149) [three of the river and harbor act of August eleventh, who shall willfully violate the provisions of this section, or any rule eighteen hundred and eighty-eight] shall be soconstmed a.sto prohibit or regulation made by the Secretary of War in pursuance of this sec or prevent the cumulation of two or more works of river and harbor tion, shall be (161) deemed guilty of a misdemeanor, and, on convic ·. improvement in the same proposal and contract, where such works are tion thereof, shall (162) [pay J be punished by a fine not exceeding one situated in the same region and of the same kind or character. thousand dol)ars, (163) [and undergo] or imprisonment not exceeding The term "South Pass," as herein employed, shall be construed as one year, at the discretion of the court for each offense. embracing the entire extent of channel between the upper ends of the SEC. (164) [7] 8. That for the purpose or securing the uninter works at the head of the Pass and the outer or sea end of the jetties at rupted work of operating snag-boats on the -Ohio River and removing the entrance from the Gulf of Mexico; and any willful violation of any snags, wrecks, and other obstructions in said river, the Secretary of rule or regulation made by the 8ecretary of War in pursuance of this War, upon the application of the Chief of Engineers, is hereby author act shall be deemed a misdemeanor, for which the owner or owners, ized to draw his warrant or requisition from time to time upon the agent or agents, master or pilot of the vessel so offending shall be sepa Secretary of the Treasury for such sums as may be necessa.rytodosucn rately or collectively responsible, and on conviction thereof shall (150) work, not to exceed in the ~gregate for each year the sum of twenty [pay J be punished by a fine not exceeding two hundred and fi1ty dollars five thousand dollars: Provided, ltowever, That an itemized statement or ( 151) Lundergo an J by imprisonment not exceeding three months, at of said expenses shall accompany the annual report of the Chief of En the discretion of the court. gineers. That whenever the Secretary of. War shall have good reason t,o be SEC. (165) (8] 9. That the dry-dock constructed at the Des Moines lieve that any railroad or other bridge now constructed, or which may Rapids Canal under the provisions of acts of Congress approved August hereafter be constructed, over any of the navigable water-ways of the second, eighteen hundred and eighty-two, July fittb, eighteen hundred United States is an (152) unrea«onable obstruction to the free navigation and eighty-four, August fifth, eighteen hundred and eighty-six, and of such waters (153) [by reason] on accom1t of insufficient height, width Au~ust eleventh, (>igbteen hundred and Aighty-eight, shall be consid of span, or otherwise, or where there is difficulty in passing the draw ered an integrant part ot the Des Moines Rapids Cana.I, and the act of opening or the draw-span of such bridge by rafts, steam-boats, or other Congress appro"\"ed March third, ei~bteen -hundred and eighty-one, water-craft, it shall be the duty of the said Secretary (154) first giving which provides for expenses of operating and care of Des Moines Rap the parties rea.~onahle opportunity ta be heard, to give notice to the persons ids and other canals, and the act of Congrt>ss approved July fifth, or corporations owning o; controlling such bridge so to alter the same eighteen hundred and eighty-four, which provides penalties for viola as to render navigation through or under it (155) rea. onably free, easy, tion of rules and regulations prescribed by the Secretary of War, shall and unobstructed; and in givrng such notice he shall t156) [prescribe also apply to the said dry-dock. in each case a reasonable time in which such alteration is to be made] SEC. (166) (9] 10. That in determining the mileage of officers of the specify the changes reqiiired to be made, and shall prescribe in each case a Corps of Engineers traveling without troops on duty connected with 1·easonable time ill which to make them. If at the end of such time the al works under their charge, no deduction shall be made for such travel teration has not been made, the Secretary of War shall forthwith no as may be necessary on free or bond-aided or land-grant railways. tify the United States dii:ltcict attorney for the district in which such SEC. (167) [10111. That whereas the United States, in compliance . . , bridge is situated, t,o the end that the criminal proceedings mentioned with its obligation to the Buffalo Ba.you Ship-Channel Company, has in the succeeding section may be taken. constructed a ship-channel through Galveston Bay from the Bolivar . SEC. 5. That section ten of the river and harbor ad of August eleventh, Channel to the channel constructed by said Buffalo Bayou Ship-Chan eighteen hundred and eighty-eight, be amended and re-enacted so as to nel Company, known as Morgan's Cut, for vessels ot twelve feet draught, read as follows: it is therefore declared that the ship-channel through Galveston Bay {157) (That the owner or owners, or manager or managers of any rail from Bolivar Channel to the point where the San Jacinto River enters road or other bridge obstructin~ the free navigation of any navigable what is known as the .Morgan Channel, excavated through Morgan's .,,,. . water way of the United States who shall willJully fail or refuse to re Point, is now the property of the United States and is declared to be move the same, or to cause the necessary alterations to be made in the free to navigation; and the Secretary of War is hereby directed to keep same so as to render navigation through or under it free, easy, and un said ship-channel free to navigation: Provided, That the Secretary of obstructed to rafts, steam-boats, or other water-craft, after receiving War shall first ascertain by a commission of United States engineers notice to that effect from the Secretary of War and within the time to be by him designated for that purpose, and whose report shall be prescribed by him, shall be guilty of a misdemeanor, and on conviction subject to bis approval, the present value of any portion of said chan thereof shall pay a fine not exceeding ten thousand dollars and undergo nel which may have been constructed by the Buffalo Bayou Ship-Chan an imprisonment not exceeding two years, at the discretion of the court; nel Company, agreed to be paid for by the United States in the act of and every mont.h be or they shall remain in default in respect to the Congress of March third, eighteen hundred and seventy-nine, but in removal or alteration of such bridge shall be deemed a new offense and appraising the value thereof no account shall be taken of the charter - subject t,o the penalties above prescribed.] ~ranted to said company by the Legi_slature of Texas, or of any fran (158) That if the pC1·sons, corporation, or association 01Dning 01· con chise right claimed thereunder, and the amount so ascertained and cer trolling any railroad 01· other bridge shall, after receiving notice to that tHied to be correct by the Secretary of War shall be paid to said Buf· effect as hereinbeforerequi1·edfront the Secretm·y of War and within the tim.e falo Bayou Ship-Channel Company, and (168) the su1n of one lwndred prucribed by hint, willfully fail or refuse to remove the same, or ta cont and seventy-nine thousand sfa; hundl"ed and fifty-eight dollars, (Jr so much ply with the lawful order of the Secretary of Wa1· in thepreniises such per thereof as mny be necessary, is hereby appropriated out of any money in sons, corporation, 01· association shall be deemed guilty of a misclemea1101· the Treasury not otherwise appropriated. and, on conviction thereof, shall be punished by a fine not exceeding fire SEC. (169) (11] 12. That the Secretary of War is hereby directed, at thousat1d dollars, and every rnonth such pcl'sons, corp01·ation, or associa his discretion, t,o cause examinations or surveys, or both, to he made, tion shall remain in default in respect to the 1·emoval or altt:ration of such and the estimated cost of improvement to be estimated, at the follow bri -. .. -: ·\r • . ·- 8950 CO.NGRESSIONAL REOORD_:HOUSE. AUGUST 21, (H:iO) The upper part of the St. John's River f2•011-i, Lake Mo11r_oe south the Secretary of War a report thereon, with a project and estimate of tua1·d, or in a southerly direction through the 1·iver and connecting lakes cost of construction (219) Lof construction] of such a harbor of refuge. to tlw head of stcani--Ooat navigation. (220) Narragansett Bay Channel between Starve Goat Island and th.e (181) Slouglt at Hamt1ton, wit/' a view to dredging out the same. main-land, with a view of deepening the same. Illinois Ri \er from La Salle to the Mississippi River, a.s recommended (221) Memphis Harbor, especially for the removal of the bar fonning op by Captain W. L. Marshall, Corps .of Engi?eers, ~ his report ~a~ed posi'.te the upper part of the city or the prevention of the river bank taking ·. March ten, eighteen hundred and mnety, with a VIew ~ ascertaimn~ the fOrJn that the natural forces are now gi1;ing it. what lands would be subject to overflow by the construction of a navi Brazos River from its mouth to (222) [where said river is crossed by gable waterway between Lake Michigan and the Mississippi Riv~r, {182) the International Railway, near Hearne, in Rober~n County]. but not more titan twenty-"fi,ve thousand dollars of the money appropriated for (223) Trinity River from its mouth to Dallas. surveys sl1all be allotted fo this 1·iver. (224) Orane's Oreek. (225) Nandua Greek. INDIANA. (226) Piscataway Oreelr. Wabash River from Terra Haute to La Fayette with a view of remov Nooksack River, (227) Skagit, Snohomish, D' Wamish, Black Puyallup, ing obstructions of (183) [Snags] snags and bars and (184) [re-estab Nasel, North, Gray's, Deep, Skamakawa, and Crooked Rivers. lish] re-establislLing the navigation of said river between these (185) Gray's Harbor and Bar, (228) [survey of harbor to Cosmopolis] and [Cities] cities. extending up Chehalis River to Montesano. (186) IDAHO. (229) Shoalzuate1· Bay, from and including it,s entrance, to South Bend, The Upper Snake River, between the Huntington Bridge and Seven Devils about two miles up the Wtllapah River, and from said South Bend, about Mining District in Idaho, with a view of overconiing ob!h·uctions to steam ten miles up said river, to Woodward's Landing, 1uith a view to improving boat 11avigation. tlte same for na'!l'igation. ( 187) Green River above the mouth of Big Bm-ren River. Columbia Ri'\l'er, (230) [below the city of Vancouver, with the view (U::! 8) Green River, Kenhwky, abore the 11wuth of Big Ba1·ren, Rive1·, of removing the bar in said river] from tl1e mouth of Willamette River completing sm·vey witll a view of extending slack-water 11avigation on to the upper limits of the city of Vancoui·er, with a vieto of establislting a I I Delaware Bay, with a. view of determining the best site near the granting a pension to Theodore M. Piatt. mouth of the same for a national harbor of refuge suitable for deep The message also announced that the Senate had passed with an tira.ught vessels. The examination to be made by a commission of amendment the bill (H. R. 5939) for the relief of settlers on Northern .· three engineer officers, who will make the examination, and submit to Pl!cific Railroad indemnity lands, asked a conference with the House on .. l • ; ·.. 'I • '".:: .. - • ·,,· . .• ·. :.. 1890. CONGRESSIONAL RECORD-HOUSE. 8951 the bill and amendment, and had appointed Mr. PLUMB, 1\Ir. DoLP_H, supplemented that order by another dated October 25, 1877, in which and Mr. BERBY conferees on. tho part of the Senate. be required more than eight hours of labor, and still another or~er The message further annonnced that the Senate had agreed to the issued March 21, 1878, in which he uses language to which I call the report of the committee of conference on the disa.greeing votes of the particular at~ention of members of the House, because, in my judg two Houses on the amendments of the Senate to the bill (H. R.11380) ment, upon this language is based, to a large extent at least, the founda Jnaking appropriations for additional clerical force and other expenses tion for these claims: to carry into effect the act entitled ''An act granting pensions to soldiers The Department will contract for the labor of mechanics, foremen, leading and sailors who are incapacitated for the performance of manual labor, men,a.nd la.borers on the basis of eight hours a day. All workmen electing to labor ten hours a day will receive a proportionate increase of their wages. and providing for pensions to widows, minor children, and dependent The commandants will notify the men employed, or to be employed, of these parents," from July 20, 1890, for the balance of the fiscal year ending conditions, and they are at liberty to continue or accept employment under June 30, 1891. them o not. The message farther announced that the Senate ap:reed to the amend· Under that order the men were still worked bm hours per day; and ments of the House to the bill (S. 3714) to apply a portion of the pro notwithstanding the fact that in the order I have cited he promised that ceeds ol the public lands to the more complete endowment and support in such cases the men should receive a proportionate increase in their of the colleges for the benefit of agriculture and the mechanic arts es pay, they have not received one dollar of such increase. tablished under the provisions of an act of Congress approved July 2, The next step in the history of this affair is to be found in the joint 1862; and a bill (S. 2594) providing for an inspection of meats for ex resolution introduced in this House and passed by it May 9, 1878, bu.t portation, prohibiting the importation of adulterated articles of food which failed of action in the Senate. That resolution, referring to the or drink, and authorizing the President to make proclamation in cer true intent and meaning of the original act, says it is the true intent tain cases, and for other purposes. and meaning that ''eight hours shall constitute a day's work for all The message further announced that the Senat.e agreed to the amend such laborers, workmen, and mechanics," and then it goes on t-0 say ments of the House to the joint resolution (S. R. 116) extending the in terms as emphatic as it is possible to write them in the English lan privilege of the Library of Congress to the members and secretary of guage- the Interstate Commerce Commission. And while the act remains upon the statute-book no reduction shall be made in the wages paid by the Government by the day to such laborers, workmen, The message further announced that the Senate had passed bills of and mechanics on account of the reduction of the hours of labor, and all the the following titles; in which the concurrence of the House was re heads of Departments, officers, and &l{ents of the Government are hereby di quested: rected to en!orce said law as long as the same is unrepealed. A bill (S. 2780) for the relief of James Lansburgh and Julius Lans This was a construction by the House of Representatives of the terms bnrgh; of the original a{!t and of the resultant rights of the workmen, laborers, A bill (S. 3951) to grant to the Mobile and Dauphin Island Railroad ancf mechanics employed thereunder. But no attention was paid by and Harbor Company a right to trestle across the shoal water between s,0me of the Department officials to this action; and I will say that these Cedar Point and Dauphin Island; and abuses arose almost entirely in the War and Navy Departments, where · A bill (S. 4278) authorizing the construction of a bridge the officers in charge are from the Army and Navy and not from civil life. Tennessee River at or near Knoxville, Tenn. Things ran along in this way, these men working extra hours without THE EIGHT·IIOUR LAW. receiving the extra compensation pledged to them by the Secretary of Mr. BUCHANAN, of New Jersey. Mr. Speaker, I now call the Navy, until 1883, when Secretary Chandler issued this order, under unfinished business of yesterday's morning hour. date of March 28, 1883: The Department confirms its telegram to you of the 20th instant which was The SPEAKER. The morning hour commences at 12 o'clock. in the following words: "Continue the present eight hours of labor' until other Mr. BUCHANAN, of New Jersey. Mr. Speaker, when interrupted wise ordered." The hours of labor should be from 8 a. m. to 12 m., and from 1 yesterday by the expiration of the morning hour, I had called atten to5p, m. W. E. CHANDLER, tion to the statute passed i::l 1868, providing that thereafter, in the case Secretary of the Na'V1J. of workmen, laborers, and mechanics employed by or on behalf of the On the 26th of December, 1883, Robert Lincoln, then Secretary of Government, eight hours should constitute a le~l day's work, a.nd to War, issued an order in which he uses these words: the proclamation ~ued thereunder by the then President of the United . It is, howevei:, my opinion that in the a.bsence of a. public exigency, the con States, General Grant. This morning I desire to resume my remarks tmuance of active work at the Government manufa.ctUl'ing establishments at that point and to call attention to the further fact that on the 11th for more than eight hours a day is a violation of the intent of the statute and you will please to instruct the commanding officers of the above-named ars~nals day of May, 1872, the same Pr~ident ~ued a further proclamation, in accordingly. which he called attention to the fact that it had been reported to him that that law was not strictly observed by officials of the Government., It is from this legislation, ta.ken in connection with these orders. with and in that proclamation he used these words: these contracts of employment, I may call them, that these equities Now, therefore, I, Ulysses S. Grant, President of the United Sta.tes, do hereby in behalf of these workmen, laborers, and mechanics are claimed to again call attention to the act of Congress aforesaid, and direct all officers of the arise. They are claimed t-0 arise, so far as the men employed in the Executive Departments of the Government having charge oft.be employment of navy-yards are concerned, first, upon the express terms of the law of laborers, ~orkmen, and mechanics employed by or on behalf of the Govern ment of the United States t-0 make no reduction in the wages pa.id by the Gov· 1868; second, upon the proclamations of President Grant construing ernment by the day to such la.borers, workmen, and mechanics on account of the terms of that statute and directing in explicit terms what should the reduction of the hours of labor. be done under it; third, under the contract with the Secretary of the It would seem that the" language of the statute, supplemented by the Navy, dated March 21, 1878, ~ued, as I have said, by Hon. R. W. language of these proclamations, would make a contract as clear and Thompson, then Secretary of the Navy; and, fourth, upon the con· struction placed on that statute by the House of Representatives in the explicit as it is possible for any contract-to be made between the Gov ~ .. ernment and the laborers, mechanics, and workmen employed by or resolution which passed May 9, 1878. on its behalf. And that this was the understanding of Congress is ap There are to be deducted from these claims the sums which were parent from section 2 of the appropriation act approved May 18, 1872 paid under the act of 1872, and to which I have alreadv referred. (Statutes at Large, volume 17, page 134), in which the proper account As to the men employed in the arsenals, they claim their equities ing officers of the Government were 'directed to take into acconnt in under the act of 1868, under the two proclamations of President Grant the settlements between the Government and these laborers, mechanics, and under the resolution of interpretation of 1878. ... and workmen the difference in the pay which they bad received for In December, 1883, Secretary Lincoln ~ned his order for full pay working ei.ght hours as against the pay they had received theretofore ment to them. As to the other features of the claims of the men em for working ten hours. And that statute goes on to provide that- ployed in the arsenals the gentleman from Illinois [Mr. GEST] will en lighten yon further. Tbe accounting officers shall settle and pay for the same without reduction on account of the reduction or hours of labor by said act when it shall appea.r These, Mr. Speaker, are the claims and this is the legislation under that such was the sole cause of the reduction of wages. which these claims have arisen. We come now to the question as to And the act appropriates a sum sufficient for such payment. That what will be the aggregate amount of the claims if the court shall find was the construction which was placed upon the act by the Congress that tlfe construction placed npon this ~tatute by President Grant; by of the United States. And in pursuance of that act the accounting Secretary Chandler, and by Secretary Lmcoln, as well as by the House officers of the Government did audit these accounts and in almost every of Representatives, is the true construction. instance, I believe, paid the difference to the men. The committee have been at great pains to ascertain what the aggre Thus the matter ran along, the Government paying the full amount gate amount would be in such a case. Statements have been made of wages, until 1877. On the 30th of June, 1877, Hon. R. W. Thomp upon this floor as to the vast amount of the sums that will beTequired son, Secretary of the Navy, ~ned an order in which he s~tes: for this purpose. These statements have been made as the merest con jecture, as the wildest guesses. The committee have relied upon no The Department has fixed ~he rate of labor for mechanics, foremen, leading men, and laborers on the ba.Sls of ten hours a day. All workmen electing to <'Onjectureand no guesses. They have received official communications '· labor only eight hours per day will receive a proportionate reduction of their from the different heads of the Departments of this Government afford wages, ing all light in their power upon the subject; and whilst they are not That order was made directly in the face of the statut.e and directly a?Ie, without a careful examination of every one of the pay-rolls, to in the face of the construction of that statute by the Congress of the give the exact amount that will be required, yet they give it in an ap United States as embodied in the act of 1872. Secretary Thompson proximate degree, and, as we believe, nearly accurate• ... , 1·• ..... ' . , ·. ' .. --...... 8952 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, Toke late Secretary of the Navy, Mr. Whitney, has told us that it Mr. BUCHANAN. of New Jersey. Certainly. will probably cost to right these wronks done to laborers, mechanics, Mr. CANNON. Where receipts were not given, why have wt these and workmen employed in the various navy-yards of the country the parties brouizbt action in the Court of Claims? sum of about $3,000,000. The Secretary of War tells us it would re Mr. BUCHANAN, of New Jersey. In the first place they made a ... ~ . quire for his Department., ac; nearly as be can approximate it, $800,000, mist.ake. They depended upon the Representatives of the people to do and the Postmaster-General informs us that it would require for his them justice; and in the next place these claims began, as I stated, in Department, as nearly as he could ascertain, $175,000. The Depart 1877 and they ended in 1883, and there is not one of them as against ments of the Interior and of Justice report that they have no claims. which the statute of limitations does not now run. These sums aggregate $3,975,000. If these claims are allowed by the .Mr. CANNON. What is the statute of limitations; six years? court and if they are paid in full ne man on this earth possesses a scin Mr. BUCHANAN, of New Jersey. Six years. ti1la of evidence that it will cost a single dollar above that sum to meet l\fr. CANNON. Then at any time within six years of the time when and liquidate every claim. It may cost less. they did the work they could have brought the action and had the It must be remembered also that the time up to 1872 has already question decided in the Court of Claims. been settled for and paid by the Government under the law of 1872. Mr. BUCHANAN, of New Jersey. As I have said, they mistak It must be remembered also t bat for a portion of the time subsequent enly relied upon the justice of Congress. They were poor, and were to 1872 the law was observed in these Department.a; for instance, in the not swift to enter <'..Onrts or employ lawyers. War Department the claims will be substantially from June 1, 1877, M:r. KERR, of Iowa. I would like to ask my friend from New toDecember26, 1883, and in tbeNavy Department from June30, 1877, Jersey if it is not the fact that some of them did·bring suit and were to March 20, 1883. And even in the Navy Department this payment defeated? would be only for one-half of the time, because by the terms of the Mr. TURNER, of New York. No, sir. Secretary's order the men worked over this time for only one-half of Mr. BUCHANAJ..'l, of New Jersey. No, sir; not at all. each year. Ur. KERR, of Iowa. I understand there is such a decieion. Now, what does this bill propose to do? And I invite the special Mr. BUCHANAN, of New Jersey. I have the decision the gentle attention of the House to the terms of the bill, because its terms differ man refers to and have already called attention to it. It was this: widely from the terms of preceding bills which have been offered to One man brought suit nnrler the circumstances I have stated, and it this Honse by committees in the past. And here let me say that from was shown in that case that be had made a special contract with the 1.imeto time seven different committees of the House have recommended officers of the Goverument and received more already than his fellows the consideration of bills like this in general character, but far more in similar employment. stringent against the Government in detail. . Mr. STRUBLE. It bas beensnggested to me to inquire of the gen The bill provicles, in the first place, that whoever as a laborer, work tleman from New Jersey whether it is trne that at the time these men man, or mechanic has been employed nuder the terms of the act of were paid, or any of them, they signed pay-rolls showing the extra 1868 shall have the right to go before the Court of Claims; and if in hours of labor performed by them? Is that true within the knowled~e the opinion of the court he shall, under t hat act or any existing law, of the gentleman that they did this, in that way attempting to pro be entitled to the full price of a full day's work for eight hours' labor test against the action of the Department in holding them to more than or service, the court shall adjudicate his claim upon the basis that eight hours per day? eight hours constitute a day's work, and that the man who performed Mr. BUCHANAN, of New Jersey. So far as the men in the navy the service and presented the claim is entitled to recover the full price yards are concerned they have always protested against this treatment. for bis work (deducting all that be had already received), if in the As to the exact form of the pay-roll I can not say, but I understand opinion of the court-and here is new matter introduced into this bill duplicate or 11 protestin~ pay-rolls" were used; but I will say this, sucb was the meaning of the act of June 25, 1868: or any other exist that all the pay-rolls are every one of them in the possession of the ing Jaw. Government and can be produced at the trial of tbe causes, and what It leaves the whole matter to the construction to be placed by the ever effect these pay-rolls may have against these claimants or in their court we have erected as to the meaning of the statutes placed upon the favor can be given full force. statute-books of the country by the Congress of the United States. In Mr. MUTCHLER. Will the gentleman from New Jersey allow me other words, these men simply ask this: To be permitted to go to our to ask one question? court in order to have our own court con1:1true our own laws. We'in Mr. BUCHANAN, of New Jersey. Certainly. this section of the bill formulate no basis whatever to restrict the court l\1r. MUTCHLER. I want to know whether, in his opinion, under in its construction. We leave it perfectly free to construe the original this bill a. laborer who, signed a contract for a certain amount per day act according to its own judgment and bound only by the terms of tha6 can recover. act. Mr. BUCHANAN, of New Jersey. I do not understand that it is ,.. . In the second section provision is made in reference to receipts, as to the course of the Government to compel men to sign contracts of that which, as I have already intimated, the gentleman from Illinois [Mr. kind in advance. GEST] will speak. Mr. MUTCHLER. Does not the second section of this bill provide What, then, can be the objections to this bill? I will state, 1.fr. tha~such contracts shall be a nullity? Speaker, in the first place, that the objections heretofore made have Mr. BUCHANAN, of New Jersey. I have already stated that I a.m been that this bill if enacted into law would cost a. large sum of money. not discussing the second section, but that I leave that for my colleague I have told you bow carefully the committee have endeavored. to be as on the committee [Mr. GEST]. I desire to devote nll the time that I accurate as possible a.boat the estimated amount of these claims. But can possibly spare to other feature." of the bill, but will say that snch theTe is a. principle which lies behind and beyond all this. Justice contracts are only to be treated as nullities in certain cases. should never be measured by dollars and cents. If these men are en Mr. MUTCHLER. Does the court have any discretion at all in pass- titled to anything, they are entitled to whatever the amount may be, ini;!: upon these claims under this bill? be that amount large or small. Mr. BUCHANAN, of New Jersey. Why certainly itdoes. But it has been said that there has been a decision by the Supreme Mr. MUTCHLER. Read the second section and let us see. Court of the United States which is right in t he teeth of this bill. How Mr. BUCHANAN, ot New Jersey. This second section, I will say, -· ever much it may have been in the teeth of preceding bills, it is not only covers in fact the arsenal men, because those were the ouly in in the teeth of the bill which the committee to-day presents to yon and stances in which these contracts were exacted, and it says that they asks you to consider. The decision to which reference is made is to be shall not stand in the way of recovery when, and only when, they are found in 4 Otto, page 400, in the case of Martin vs. The United found by tbe court to be inconsistent with the first section of this act States. and to have been exacted by the officers ofthe Government as a con That was the case of a man employed to do special work at Annap dition of employment or retention in the public service, and that fact olis, and in that case the court found that there was a special agree must be found by the court as a separate and independent fact in favor ment made between Martin and the officers of the Government by which of the claimants, or else the court must give full force to those contracts. he was to receive $2.50 per day, which amount he received and re Mr. IlILL. Will it interrupt yon if I ask yon a question? ceipted for in full, and when the court found that fact it found all that Mr. BUCHANAN, of New Jersey. I am trying to get through with there was of the case. my portion of the discussion in the limited time I have, but I will Mr. STRUBLE. Is there anything of that kind in the ca.sesyouare yield for a moment. now discussing-an agreement as to a certain number of hours per day Mr. IIILL. I want to know whether this bill reported here covers fo1• certain pay? - these special contract cases; that is, seeks to reimburse them where Mr. BUCHANAN, of New Jersey. Astotheemployes in the navy they were employed under a special contract? yard there is not only not that, but there is an express promise of Mr. BUCHANAN, of New Jersey._ I will band tbe gentleman the the Secretary of the Navy that they shall have the full amount, and bill and let him read the second section, especially that portion I have which they have never received. As to the men in the arsenal, in some just referred to. We claim that whatever might have been the opinion instances receipts were exacted from them under circumstances which in the case in 4 Otto, that case does not apply to the ca.c;es covered by amounted, I am compelled to say, to absolute duress; but as to those the first section ot this bill at lea.st, because the contract made with matters my colleague upon the committee [Mr. GEST] will speak. the men by Secretary Thompson bas not been lived up to by the Gov Mr. CANNON. .May I ask my friend a question there tor informa ernment, and on the faith of which contract the men performed the ,, tion'! ... service. But suppose I take the other alternatiV"e, and admit tha.t the , - .· ,, ..: . - .. -i 1890. CONGRESSIONAL RECORD-.HOUSE. 8953 . ,., ~...... :Martin case is in point and decides that these men have no claim. try shows very clearly what its intent was. The terms of the law What is the result? The result is that under the provisions of this itself show what the intent was: act the Government will not suffer. If they have a legal case, they Eight houl"J shall constitute o. d'ly's work for all laborer3, work.men, and me should be allowed to go to the court. If they have no case. the court chanics employed by or on behalf of the Government. will so decide. By the terms of the bill the court is left, as I have said, What do men work for? They work for money. They work for without trammel, let, or binderance in the construction of this law. If bread. Is there any sense in saying to a man that yon. will cut his the case be a precedent against these men the court will know it; but time down to eight hon.rs instead of ten or twelve, or cut it down to I claim it is not a precedent. It was a. case which arose under differ four or any other number, and then reduce bis wages proportionately? ent circumstances, and when the court had determined those facts its There is no sense in it. The terms of the law itself must demonstrate, function ended. All else it said was oat.side the case. But I must it seems to me, to any man that the intent was t-0 reduce the hours hasten on. I am taking more time than I intended to. worked, to give time for recreation, time for a man to be with hia It has been sugJ?ested that these claims have been very largely as family, time for him to read, time for him to become a man instead signed and are now held by others. of remaining a working slave, and at the same time keep his wages at I want to say that for rve years I have been making as careful an in the same sum that had been theretofore received by him. But we quiry into this matter as tis possible for any member of a committee are not left to the terms of the law to demonstrate that. At the very to make, and I have yet to find a single instance in which these claims time that this bill was before the United :::3tateg Senate an amendment have been parted with by the original owners. I do not say that such was proposed by the Senator from Ohio [Mr. SHER.MAN] which is in cases do not exist. I havenotdiscovered them; but, on the contrary, I these words: have met dozens and scores of these claimants, and in every instance And, unless otherwise provided by law, the rate of wages paid by the United where I put the question they bad not parted with one dollar's interest States shall be the current rate for the same labor for the same time at the place in their claims. It is said that they are represented by a. powerful lobby. of employment. It is not true. They have had their own committee of workmen here That proposed amendment was discussed very fully and at large in at the Capitol for five years to my knowledge knocking at the doors of the Senate. No man spoke in its favor. Senatol' Morton, Senator this Hoafle for permission to j:CO to a court we have erected and have their STEWART, Senator Sumner, and manyot.hersspoke in opposition to it, cases heard. These workingmen have been paid by the men who ~ent and stated that the ground of their opposition was the fact that cutting them here. They lived here in a quiet, humble way, as they were com down the time of the laboring man and cutting his wages proportion pelled to. They are not able to employ expensive lobbyists. They are ately was not doing anything for the laboring man; and so the bill poor men sent here by other poor men. passed. These claims vary from $50 to $300 in amount in each case. The It was fully understood in both the House and the Senate at the claimants are all poor men, and can not afford the appliances which time the bill w~ passed that the hours of labor should be reduced sometimes seem to be so powerful in pushing matters through Con to eight and that the wages should stand unchanged. In .five days gress. after that bill was passed the Senate ol the United States adopted a The Government's interest can not be harmed. This is not a case resolution requesting the President of the United States to direct a.11 where the attorney of the United States will be compelled to go out the officers of the Government to comply \Vi th it. In fifteen days after and hunt for his testimony through a dozen different States to offset that the Secretary of W iu did issue his order. He understood what the claims. Every pay-roJJ, with the name of every man employed, the law meant. · with the record of every day and hour he has worked, with the record Ur. KERR, of Iowa. Will the gentleman turn to that order? of every dollar that was paid him, is to-day in possession of the Gov Mr. GEST. Yes, sir. It is General Order No. 46 of the War De ·' ernment of the United States. pa-:tment, which I will read: Mr. DOCKERY. Assuming that statement of facts to be true, why Congress having enacted, June 25, 1868, that "eight hours shall constitute a do yon send these claimants to the Court of Claims if the Government day's work for all laborers workmen, and mechanics now employed, or who may be hereafter employea,1 by or on behalf of the Government of the United is in possession of the information? What is the use of having this States, and that all acts inconsistent with this a.ct. be, and the sa.01e are hereby, suit? repealed," all the officers of the Army and others in the military service having Mr. BUCHANAN, of New Jersey. Because the Government does civilian laborers, workmen, and mechanics under their charge will be gov erned accordingly. Hours shall be so regulated as to agree, as far as possible, not pay. And you know, because yon are on the Committee Qn Ap with the hours established in civil work in each locality. Watchmen, clerks, propriations, that there is no appropriation out of which the officials of messengers, 1md others whose services mn.y be necessary at any and all hours the Government can pay it. ar~ not considered to be embraced within the lerma of the law. In cases of / .. great nec.-essity, as in military operations. where men are on extra. duty, they Mr. BLISS. And the statute of limitations has run. must perform the necessary service regardless of bout's; but, in estimating their Mr. BUCHANAN, of New Jersey. The statute of limitations bas extra-duty pa.y, eight hours will constitute a working day. run. I stated that a long time ago. That is the order of the Secretary of War issued in 1868. As I have said, these claimantB are poor men. Do not let it go out Mr. HILL. Was that law supposed to be applicable to soldiers and to the country that you deny to the workingmen, laborers, and me sailors enlisted in the Army or Navy, or only to others employed by chanics of this land access to your courts for the construction of an act the Government? intended for the benefit of workingmen, laborers, and mechanics of this Mr. GEST. I have not understood it so at all, but I can not say as country, and at the same time afford ready access to those courts to the io that. The gentleman himself and other gentlemen here can con wealthy contractors of this country. stme the language of the law as well as I can. The law says "work Give these men the same opportunity to be heard in court that would men, laborers, and mechanics." Now, twenty days after this order of be given to any other man. That ia all they ask, and with less than the Secretary of War was issued not the least particle of attention bad this they will never be content. been paid to it in any arsenal throughout this country, So on the Hlth Even as this debate goes on there comes to me this note from a black of May, 1869, the matter having been called to the attention of the smith in this city, one of these claimants. He says: President, he issued a proclamation on the subject. I believe that We have waited and hoped for many years in vain. To many of us it will be proclamation was read by my collea~ne on the committee, the gentle but little, but that little a great help to a poor mechanic with a large family to support. man from New Jersey [Mr. BUCHANAN], but I will read a. portion of it Do not deny to these men the zight to test their claims in the courts. a~ain. It recites the fact of this law having been passed and of its If the claims are legal and proper they should be paid. If illegal, if violation, and then it goes on to say: Now, therefore, L Ulysses S. Grant, Preaident of the United States, do hereby not warranted by the law, the court will so decide. I now yield to the direct that from and aft.er this date no redaction shall oe made in the wages gentleman from Illinois [Mr. GEST] such time as be may desire. paid by the Government by the day to such workmen, laborers, and mechanics Mr. GEST. Mr. Speaker, I will endeavor to be as brief in my re on account of the reduction of the hours of !a.l:fbr. , marks as possible, fort.he reason that. other gentlemen on both sides of That is President Grant's construction of it. The same subject was the House, as I understand, desire to speak on this bill. The scope of this presented to the Attorney-General of the United States, now a Senator bill is simply to send what are called claims under the eight-hour law of from New York (l\Ir. EVARTS]. His opinion on the subject will be workingmen, laborers, and mechanics to the Court of Claims for an found in the report, and it is t-0 the effect that there should be no re· adjudication of such rights as they may be found by that court to have. duction of wages by reason of the reduction of h,ours of labor; that that That is as little as can be asked, and it ought not to be refused. was the intent of the law. From day to day, time after time, we send peOJ?le with their claims In May, 1872, General Grant, then President of the United States, to the Court of Claims. We have scores, and I do not know but that was compelled to issue another proclamation, again calling the attention ·. we have hundreds, of bills now upon the Calendar of this House pro of the military authorities throughout the country to the infraction of viding that the parties named- may be permitted to go there. This this law, anrl reiterating what he had said in his proclamation of May bill is not the outgrowth, but the outcome, of the eight-hour law of 19, 1869. Up to the date of this second proclamation in 1872 these June 25, 1868. The bill only contains three lines, and I will read it: understrappers, these gilt-edged, brass-mounted martinets of the Army That eight hours shall constitute a day's work for all laborers, workmen, and [laughter] had defied the Congress of the United States and the Presi mechanics in the employ or who may hereafter be employed by or on behalf of dent of the United :::3ta.tes, and had compelled the men under their the Government of the UnU.ed States. direction at all these arsenn.ls to work ten or twelve hours a day instead ... It is perhaps not worth while now to inquire a8 to what the intent of eight hours, the day's work established by the law. A few days of the law was. The history of the last twenty-two years of this conn- after that second proclamation both Houses of Congress passed a bill ;. I. : . \ ...... - .. ---'. ._ 8954 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, t.o pay the men the money which they had earned and of which they ten hours a day and have not received a dollar for the extra two hours had been robbed. of daily work. The same thing was true at the arsenals. The men Mr. McCORMICK. Will the gentleman permit a question for j.n were compelled to sign a so-called contra.ct. They were told in snb· formation? stance, "You si~ this contract or get out; notwithstanding the fae~ Mr. GEST. Yes, sir. that the President and the Congress of the United States have sai4 :.. Mr. McCORMICK. Are we to understand by the provisions of the that in all Government employment eight hours shall constitute a day's second section of this bill that it is to have the effect of abrogating con work, you must sign this con~ract." ·. tracts between the employer and the employes? Mr. MASON. As I understand, they had t.o surrender and sign the Mr. GEST. . If the gentleman will call my attention to that point contract or else lose their places. later I shall be very glad to an&wer bis question. The act that was Mr. GEST. Yes, sir. Now, does the Congress of the United States passed by Con1rress on the 18th of May, 1872, was in these words. I propose to stand here and permit the officers and agen~ of the Govern read it, so that every member present may have it fully in mind: ment to commit such acts of fraud and tyranny? Sn:c. 2. That the properaccouuting officers be, o.nd are hereby, authorized and It bas been said, "Ob, well, they got good pay-just the aame pay required, in the settlement of all accounts for the services of workmen, la.borers, as other men in similar employment." That is no answer. If you as and mechanics employed by or on behalf of the Government of the United States between the 25th day of .Tune, 1868, the date of the act constituting eight an individual bad said to your agent, "Employ men for me at eight hours a day's work for all such laborers, workmen, and mechanics, and the 19th hours a day and give them a full day's pay," would you sustain him day of May, 1669, the date of the proclamation of the President concerning such in disregarding your orders? pay, to settle and pay for the same without reduction on account of the reduc tion of the hours of labor by said act, when it shall be made to appear that such The SPEAKER. The time of the gentleman from New Jersey [!\fr. was the sole cause of the reduction of wages, and a sufficient sum for ea.id pur BUCHANAN] bas expired. pose is hereby appropriated out of any money in the Treasury not otherwise Mr. BUCHANAN, of New Jersey. But, Mr. Speaker, I said ex appropriated. (See Statutes at Large, volume 17, page 134.) Appropriation act. approved May 18, 1872. pressly I desired to reserve one minute of that time. This is the bill that was passed by both Houses of Congress and signed The SPEAKER. The gentleman from Iowa [Mr. KERR] is recog by the President of the United States to rectify the wrong that had nized. been committed and to pay these workmen, laborers, and mechanics [Mr. KERR, of Iowa, addressed the House. See Appendix. J the money out of which they had been defrauded. The bill provides Mr. LA.CEY. Before leaving this subject, Mr. Speaker, I would like that these men shall be paid up to May 19, 1869, the date of the Pres t.o offer an amendment to the bill, simply to be pending, and have it ident's proclamation, because evidently Congress thought that after printed in the RECORD without reading. the President's proclamation these men who run the Army and the The SPEAKER. If there be no objection, that will be done. Navy, these men whom the Government of the United States has fed Mr. BROSIUS. Mr. Speaker, there is an amendment pending al aml educated and paid, would obey the proclamation of the President. ready to the bill. That doubtless was the reason why the bill was limited t-0 that date. The SPEAKER. The amendment the gentleman refers t.o relates But those officers did notobey the law. They went on until, in 1872, to the bill in the morning hour. three years afterward, the President was compelled to issue another Is there objection to the request of the gentleman from !own? proclamation and instruct these men. these officers, these agents, these Mr. GEST. I would like to have the amendment read. creatures whom we.have made, to obey the law. And a few days after The SPEAKER. The consent renders it a pending amendment, the ward the bill was passed. Chair will state. Thn.t is not a.IL On .May 9, 1878, this House passed a joint resolu Mr. BUCHANAN, of New Jersey. Let it be printed, so we can see tion in these terms: what it is. Resolved by the Senate and House of Representatives of the United Slates of America The SPEAKER. Consent, then, is given only for printing in the in Congress assembled, That according to the true intent and meaning of the act RECORD, but not that the amendment shall be pending. It is printed I:.. of Congress apprpved June 25, 1868, entitled "An act constituting eight hours e. legal day's work for all lo.borers, workmen, and mechanics employed by or as an amendment to be offered hereafter. on behalf of the Government of the United States," eight hours constitute a Th~roposed amendment is aa follows: day's work for all such laborers, workmen, and mechanics; and while the act Add tiie bill the following proviso : remains upon the statute-book no reduction shall be made in the wages paid "P - · ed, That it. shall be unlawful for any attorney to demand or receive any by the Government, by the day, to such laborers, workmen, and mechanics on fees foi: services in such suits or collecting of such claims exceeding 5 per cent. account of the reduction of the hours of labor; and that all the heads of Depart of the amount of &ny such claims; and payment of such judgment.a shall only ments, officers, o.nd agents of the Government are hereby directed to enforce be made to the cla.imantlnperson and not to any agent, assignee, or attorney." said law as long as the same is unrepeated. COMPOUND LARD. That re.solution was passed in 1878, after the so-called Martin case had been decided. It is true this joint resolution did not pass the Sen The SPEAKER. The House resumes control of the special order. The gentleman from Pennsylvania is recognized. ate; but it indicates the intent of this House. Why it did not pass the Renate I do not know; I have not followed up the matter find Mr. BROSIUS. I reserve the remainder of my time. to The SPEAKER. The gentleman from Pennsylvania has twelve out; but it indicates the sense of the House of Representatives on this subject: that these men should be paid for the time that they had minutes of his time remaining. worked above and beyond eight hours a day. Mr. McCLA.MMY. Mr. Speaker, I had fully intended to reply fa We will go along further in this matter. In 1886 a bill of this char extenso to the eloquent remarks of tpe gentleman from Pennsylvania acter was before the Committee on Labor. Hon. John J. O'Neill, who [Mr. B&osrus],who addressed the House in his opening speech on yes terday afternoon. was then chairman of that committee, appeared before President Cleve Mr. LANHAM. I rise to a question of order. l.And and asked him what his views were on the su~ject, t.o which the The SPEAKER. The gentleman will state it. l President responded January 23, 1886, in the following language: Mr. LA.NHAM. We are very desirous of hearing the gentleman I believe that the law is a sound one and a good one, and that it should be enfo1·ced to the letter. I have no information regarding instances of its viola from Noi:th Carolina, but there is so mnch confusion. tion or evasion, but if such in.stances are presented to me I will aee that the Mr. McCLAMMY. Why, I moved down here because I wanted you abuse is remedied and the full spirit of the law is enforced, which I understand to hear me. [Laughter.] to be to pay workmen in the Government employ for eight hours' work, daily, what is paid outside of the Government employ for a full day's work. The Mr. CARUTH. Get a little farther towards the middle of the Hall Government can not afford to set the e.xample of non-enforcement and non-ob and we all can bear you better. servance of its own enactments. ?\Ir. McCLAMMY. WeU, there are so many convert.a following me Mr. :BUCHANAN, of New Jersey (interrupting Mr. GEST). Mr. around I do not know where to stop. (Laughter and applause.] . -· Speaker, I shall be compelled to reserve one minute of my time. I The SPEAKER. The gentleman will stop until we procure order will inquire how much time I have remaining? on the floor. [Renewed laughter.] The SPEAKER. The Chair thinks there are only two minutes re Mr. McCLAMMY. Now, Mr. Speaker, beginning anew, it was my maining. intention to follow the distinguished gentleman from Pennsylvania. in Jli!r. BUCHANAN, of New Jersey (to Mr. GEST). You have one the fervent appeals he made on the floor of the House on yesterday minute more. afternoon when he displayed the flags in behalf of the American farmer. l\Ir. GEST. Mr. Speaker, np to the present time I have talked only But I am knocked out. [Laughter.] I spent a very restless night &bout the intent of this law. This is the :first occa.sion during the and I find myself physically unable t.o answer him. I wooed the gen present session on which I have occupied any time. tle goddess of sleep, and she would not come to me. [Laughter.] I A MEMBER. You can not help that. staid awake all night. Mr. GEST. No, that can not be helped. [Laughter.] I do not I knew this was going to be a big question; I had comprehended want to occupy time unless I have something to say; and I have some· that from the very beginning. I was a ware that it was the most im thing to say on this question. If I had the time, I could show the mense question that bad been presented to the consideration of the House that this bill fa correct, that it is honest and right. The men American Congress. in the navy-yards have been cheated and defrauded. You have beard A MEMBER. Excepting the election bilL my colleague on the committee, the gentleman from New Jersey [Mr. Mr. McCLAMMY. Oh, yes; the componnd-lard bill is vastly big BUCHAN AN], read the order of a former Secretary of the Navy, show ger. [Laughter.] I knew that in the consideration of this question ing that men were employed with the express stipulation that they the Lodge bill would pale into insignifirance. I hate. to say this, Mr. should work for eight hours a day; but they were compelled to work Speaker, and I hope you will excuse me, but I honestly, religiously, ..-; . , ' •, ':· ... · . ; . ' ~ .. ·. .. ,. . 1890. CONGRESSION .AL. RECORD-HOUSE. .8955 . \ conscientiously, scrupulom1ly believe that when the Am~ricau people that some of you people have against it who have not been far enough come to consider the question presented by this bill that even the rul from home and do not know the size of the sky. [Laughter.] ings of the Chair and the counting of a quorum will be forgotten. Cotton-seed oil is a healthful food product. It is found that mixingit (Lau~hter.] But I did not know that it was as broad as it is until my with lard makes a healthful food product. The lard sustains it, and dear friend from Pennsylvania dropped out all the sweet eloquence so does beef stearine. I have used it in my family for more than two that fell from his lips on yesterday evening. [Laughter.] Why, sir, years and would prefer cotton-seed oil; and it has become the poor there are times in the history of every man in which language and man's food. It is marked for what it is, and I want you gentlemen thought equally fail him as means for expressing not merely the senti who are getting your speeches ready to howl for the laboring man in ments of his heart, but his surprise. tbe next four days to understand that the working people are not ask My friend over there says-and that wru the burden of his song ing for this bill. They are opposed to placing a tax upon a clean, that thirty years ago these people that made pure refined larR adopted healthful food product. It has been one of the songs that have been .. as a trade-mark the head of the boar, and that two years ago they were sung here since the opening of Congress, about the poverty of the farmer. knocked completely out, but still kept as their trade-mark the sign of You would think, to hear some of these gentlemen talk, that the farm the boar. That is what knocked me out altogether. [Laughter.] ers were a set of serfs in this country. I visited one not long ago and Years ago down in the State of North Carolina-G<>d'sfavoredcountry he was kicking about hard times. His cellar was full of apples and [laughter and applause]-when they manufactured tobacco, in their potatoes and be had plenty of grain in the barn; and when I asked iniquity-and I must here recall to myself the poetic, religious, trae him what was the matter, be said, "Well, times are bard." lan_gaage of Bill Arp that," In Adam's fall we sinned all"-- Mr. HEARD. What part of the country was my friend visfting this 1\Ir. ALLEN, of Michigan. That is Dr. Watts. year where he found good crops of apples and potatoes or anything Mr. McCLA.MMY ( contiuuin~). They ~ctually, and as a matter of else? fact, adopted as a trade-mark and sign of the Durham tobaccothehead Mr. MASON. I was not visiting him this fall. [Laughter.] No of the bull, and that is what kept me awake. [Laughter.] I want man ought to try to spoil a good story in that way. People talk about to know if this thing is so sweeping in its character that when they the poverty of the farmer, and they are going to tax the poor laboring knock out the boar the bull has got to follow. I am not prepared to men of my district to help the farmer. Gentlemen, have you ever seen speak to-day, because I did not sleep last night. But the gentleman a farmer, or known of any, who went to bed hungry? Have you known concluded in poetry, and I am not prepared to repeat poetry to-day. them to stand with their wives and children out in the storm, with . . ' [Laughter.] the landlord and the constable after them? Have you ever seen them •'. I wooed the muse; I knelt to her. I got mighty lHtle out of her, take a little coffin in their laps and go alone to bury their only child but wha.t I got I will give you: because they had no friend to hire a carriage for them? Yet the farmer You may break, you may shatter the lard-tub if you wil!- is the only poor man in the country, we are told. The man who stands at the wheel, far away from the sunshine, away But if yon just listen to the argument before the Agricultural Com from the free air of heaven, the man who works ten or fourteen hours mittee in the Fiftieth Congress and find out what lard is, what it is a day, the man who leaves his children before daylight and only sees made of, how it is made, and the manner of things that enter therein, them again after the sun has gone down, that man must be taxed for returning to poetry again, you will find that- a clean, cheap fol)d product to help the farmers of this country, when The scent of the whole hog will hang round it still. there is not a farmers' organization in the country that asks it or de ma ds it, you "friends" of the uoor man are taxing bis food, rais [Laughter.] . the price of the thing that lets his children live, not to protect man Now, Mr. Speaker, before this discussion closes I am going to con faeturers from the competition of foreigners, not in justification of vince this House that this bill ought to pass. I will take no more tim any tariff system, but taxing the home productions, saying that the peo but will yidd to the gentleman from Illinois [Mr. MASON]. [ ple in my district shall not eat the product of the Southern farmers. ... plause.] We have been charged with sectionalism that we have felt we were I reserve the balance of my time. not guilty of. We feel it now. Not a single farmer of the South asks Mr. l\IASO~. Mr. Speaker, this is a serious question to d to for this bill; but by this bill yon propose to tax out of existence one the people whom I repr1::sent on this floor. There are very few times of the cleanest and healthiest products known to civilization, and force in my life when I can not afford to smile, but on this occasion I desire people to buy the tilt.by and disgusting products of the vats of Chicago, to present to the House of Representatives, the body of which I have St. Louis, and Boston. You talk about Chicago having an interest in .· the honor of being a member, some serious questions for fair play and this. It is not Chicago, but it is the principle of the thing. The manu· fair consideration. This isa fight between the packers of impure laid facturers of lard in Chicago who use dead pi~s that died on the wayto and the packers of refined compound lard. It is a trade fight and has the slaughter-pens are not here opposing this bill. They are rather no place in Congress. And before I enter into the full discussion of friendly to this legislation, and when we ask you to put in the regu that question I wish it understood now that I am in favor of branding lation for all la.rd, you say "Oh, no; only the kind of lard that comes every article in the market for what it is. I am as much opposed to into competition with the lard lobby that stands back of this bill pr~ food adulteration as any man on the floor of this Hou.se. ing it to an issue." There is hardly anything that is brought into my family and put Now, let me say to you, and I desire, Mr. Speaker, to emphasize but upon my table, from the sugar and the pepper and the vinegar, but one fact, we want to regulate all this. We believe it should be regu what is adulterated more or less, filled up with cheaper substances; and lated. The State of Illinois has passed a statut.e already saying that when they charge us wit.h standing here defonding fo1ud and counter any man who makes lard with any other article must call it "com feiting, they charge us with what they know to be false. The statutes pound lard." This law proposes that we shall call it "compound lard." of Illinois compel the marking of the article we make. Millions of It says that we can pay $25,000 or $30,000 for changing our brands, pounds of it are made each year and sent into other countries, and they and when we mark "lard compound,, to keep out of the penitentiary make a market for the farmer's lard of this country. And yet this bill under our statute in Illinois your statute will dr~ve us into the peni if it passes and becomes a law, strikes down every possible chance t~ tentiary because we hav~ done what the law compels us to do. The export lard or lard com'{)Ound from this country. And I want it under people demand a regulation, and it can be done by a very simple bill, stood now and for all time to come that I am not here ro defend counter the bill that I have offered as a substitute, which gives pure food and feiting, but I am here to defend the man who manufactures an article, which does not marshal the Republican party nor the Democratic party and I am here to defend the people who want to eat that article, a clean, in favor of any adulteration in food. healthful food product. And the more hog's lard you take out of it We have in our State passed a law which says that t.hings must be and the more cotton-seed oil you put into it, the finer and purer it is marked for what they are; that there shall be no more masquerading for the human stomach. in vinegar, that there shall be no masquerading in sugar, and that The fact of this adulteration has taken possession of the people with skimmed milk no more shall masquerade as cream; but that everything regard to food products and has raised a great cry, and properly so. must stand before the people for what it is; and you, by this report of There is indignation all over this country that our food is being adul the Committee on Agriculture, say, "Stand back! We defend the terated and the people deceived; and these gentlemen who are manu adulteration of every article that goes on the table of the American peo facturers of lard, who find a competitor in compound lard, join in the ple except the adulteration of lard." "Consistency is a jewel," but I ' cry of'' Stop thief!" to hide their own iniquities, in the pressing and I have not found it tu the room of the Committee on Agriculture. the passage of this bill. I want to say farther, before taking up this Not a single pure-food bill has been recommended by that committee, bill, that I am in favor and my constituents are in favor, not only and not a single petition is on file in that committee that does not call of regulating, bat of prohibiting the sale of articles of food that are for a pure-food bill; but instead of that they have reported a bill which deleterious to health; but no man dare rise upon this floor, in the is for the benefit of the four or five lard-makers in Chicago, St. Louis, light of the evidence of the last ten years of this century, and say that and Boston. • cotton-seed oil, a pare, healthful vegetable oil, is not one of the best I was very much surprised that the gentleman from Pennsylvania articles of food tbatbave been discovered within the century. We have felt obliged to attack the personal character of l\Ir. Fairbank. It here certificates from physicians saying that they give it to patients ought to be enough to destroy that gentleman's business, and his prop whose stomachs are unable to assimilate other food. Gentlemen are erty, which cost him bis li(e's work, and make it worth absolutely inclined to smile about that, but that is true. It is a mere prejudice nothing, without trying to tear down and destroy the reputation for ·.· I •' . \ ·. ·_:: _·' · -. ,- .. . ":. ·_·l ... · ..: CONGRESSIONAL RECORD-HOUSE. AUGUST 21, .. ~ 8956 I commercial honor that Mr. Fairbank enjoys in all the markets of the Mr. MASON. We are willing to pass a law here that will protect w~. . . the people in other States, just as yon did with yonr "original-pack The evidence of Mr. Fairbank that he read from, taken by it.self, age" bill. We are willing to pass a law providing that no article manu may look badly, but it jsgarbled in this, that the contextwaanotread. factured in one State shall be shipped into another unless it is marked This lard was sold as refined lard for years, and all the people who or branded for what it is. But you gentlemen a.re not satisfied with bought it understood, in all the markets of the world, what it was; that. Yon want to destroy this business by taxingjt out of existence. and when a protest went up from the packers of this country 1ilr. Fair Mr. MORGAN. Let me call the attention of the gentleman fronl. bank destroyed his trade-mark, destroyed the dies that were worth Illinois to another feature of this bill, which has the same design. The over $20,000, and that, too, without any law to compel him to. It is bill provides that this article shall be put up in certain prescribed pack enough to destroy his trade, without endeavoring to destroy his char ages of prescribed sizes, the object being to prevent it from being shipped acter as a. man. He stands with his trade destroyed and his trade pros in boxes or crates. pects impaired. He marked his goods as "lard compound," exactly Mr. MASON. Yes, I am glad the gentleman spoke of that. That what they are, and these gentlemen who came here to support this bill provision is for the sole purpose of preventing this article from being two years ago said to the three or four men who manufacture this com shipped in boxes and crates; its object is to break up the business. pound: ''Gentlemen, if you will go and change your brands and mark Mr. HEARD. According to the proposition of the gentleman from this lard ' com pound,' we will pack our grip-sacks and go home. '' Illinois [Mr. MASON], if the interstate-commerce l:::i.w were amended as . Mr. Fairbank proceeded to do so. He went home. He changed his he suggests it would have the effect of preventing the shipment of this br:'l.ncl. He marked the product "lard compound.'' It is right also to say product from the State where it is manufactured into any other State. that I believe that that change was made by reason of the agreement with Mr. MASON. Unless it was marked for what it is, and that is all the people who were before the Committee. on Agriculture; but there bad you gentlemen pretend to want. not been a law passed at that time in Illinois, and no law had been Mr. BEARD. Of course you do not claim that such an amendment passed here at the time he agreed to make that change. It ought to be would have any effect upon the product when used in the State where enough for his character and standing to know he did that without it was manufactured. being compelled to do it, and thathe marked bisgoodsexactlyforwhat Mr. MASON. Certainly not; and we should not try to regulate that they are and never has tried to deceive the trade. matter here. Every State should be allowed to make ita own police Now, if I had time I would like to read some of the evidence of Mr. regulations. That is our theory in all other matters; why should it not Fairbank on that subject, but I do not care to take up the time of the apply in this case? House. I hardly know the gentleman when I see him. I do not think Mr. HEARD. I only wanted to know how far the gentleman claimed he would know me if he were to meet me on the streets of the city of that the purpose of this bill could be carried out by an amendment to Chicago. He does not live in my district. He has no votes in my dis the interstate-commerce law. trict that I know of; but I do know that he bas a standing and repu Mr. MABON. The substitute that I have offered, whfoh is known tation in Chicago a.s a splendid business man and christian gentleman. as the Paddock pure-food bill, does Jor every article of food what this It is a very easy thing for the gentleman from Pennsylvania. [Mr. bill pretends to do for lard. It establishes a bureau in the Agricult BRosrus], surrounded by the protection given members of Congress, to ural Department., and there are more petitions from the farmers of this assail the moral character of men who have not a chance to reply. country for the passai;i:e of the pure-food bill than there a.re for the That is a wonderful power that is placed in the hands of a member passage of the Conger lard bill. of Congress, and it 8eems to me that a delicate nseof that power would Mr. HILL. As I understand my colleague's position it is this: He be much more becoming to the gentleman who used it so badly yester has no objection to any law that will apply alike to all industries or day. It is an easy thing, I say, to strike a man whose hands are tied, to all commodities, but what he objects to is having this article singled but it is not a. brave thin~ to do. out and placed under the internal-revenue system. Mr. HENDERSON, of Iowa. Before the gentleman passes from that Mr. MASON. Yes; but I am willing to golurthertban that. lam point will he state when the Illinois law to which he referred was willing that Congress shall single out compound lard and, while allow passed? ing each State to make and to enforce its own police regulations, shall .Mr. MAS.ON. It was ~assed at the last session of the Legislature. so aruend the interstate-commerce law as to prohibit the shipment from I bav~ a copy of it here. one State to another of any such article unless it is branded for what :Mr. HENDERSON, of Iowa. Does it prohibit false branding? it is. Mr. MASON. Yes, sir; it says that the article must be branded Mr. HILL. The gentleman admits, then, substantially, tbatcom ''lard compound;" and it provides a severe penalty Jor failing to com pound lard should be placed under the internal-revenue system together ply with the law, when anything is mixed with the lard. Oar manu with other food products. facturers do comply with that law, but it does not add to the price of Mr. MASON. Notat all. It is not necessary t.o tax this commodity. the article in the market. The Government does not need the tax. Mr. BROSIDS. Will the gentleman state whether the Illinois law l\Ir. MORGAN. Put it under the commerce clause. does not also requh:e the percentage of the ingredients to be stated? Mr. MASON. Put it under the commerce clause. Let each State Mr. MASON. I do not know but it does. I am willing that a pro· provide that manufacturers of" compound lard" must mark it for what vision of that kind shall be put in this bill. I am willing that a Jaw it is. In Illinois we have already passed such a law. That is the first shall be passed requiring Mr. Fairbank aud every other man engaged step. Second, it we try to ship it from Illinois to Iowa, _or to New in this business to mark on the outside of the package what percent York, or any other State, let the United States law intervene and pro age is cotton-seed oil, what percentage is beef, and what pereentagft is hibit such shipment unless the article is properly stamped and branded. lard, or any other ingredient, with a severe penalty if it is not done; That we have a perfect right to do. The Paddock bill, which I have but there is no necessity for taxing this article. ThA Governmentdoes introduced here, provides that it shall not interfere with the police reg not need the tax, and the only effect of it will be to destroy the busi ulations within the States, but shall simply apply ~o articles of food ness or to greatly increase the ccst of this article to the consumer. manufactured in one State and shipped to a!lother. In that way you Mr. HILL. What power has the Government, except under the in can have a complete regulation of this whole traffic without raising the -. ternal-revenue law, to regulate this matter? price of the product to the poor people who wish to consume it Ur. 1\IASON. Why, that is the simplest thing in the world, if my Now, I wish to refer for a moment to these brands. The law of Illi colleague will permit me to explain it t-0 him. Each State regulates nois prescribes the length of the letters which must be used; and when it.s police matters for itself; or if any State has not pride enough, or my friend from Pennsylvania [Mr. BROSIUS] yesterday held up this energy enough, or wisdom enough to make it.s own police re~ulations, label [exhibiting a label] he said, with tears in bis voice: "But they certainly Congress is not the place to make them tor it. But this object retain the bog's head." That Mr. Fairbank always used. He sacrificed can be attained by an amendment to the interstate-commerce law pro everything except his trade-mark; and there js not a gentleman on the hihiting the shipping from one State to another of any goods that are other side of the Honse who can not read the words ' 'lard compound'' not marked for what they are. I will support a bill of that kind. I in this label farther than he can see the hog's head. That is another will support a bill which will allow the Government to have surservis evidence that Mr. Fairbank is a pirate and that the people engaged in ion over all these things, but not any proposition which pats an inter this business are thieves, because voluntarily they mark the product nal tax upon a home product which tax must eventually come out of for what it is! Mr. Speaker, reputation is not character; and if the the poor people who consume that product. reputation of Mr. Fairbank as painted yesterday by the gentleman .Mr. ADAMS. So far as the article is produced in our State, it is al from Pennsylvania (Mr. B&osrus] were wandering around the streets ready under the regulation of the Illinois statrite. of Chicago, nobody who knows the character of Mr. Fairbank would Mr. MA.SON. Yes; and I think 90 per cent. of this article is pro recognize it. duced in Illinois and Missouri. I do not know whether they have But enough of that. I want now to call the attention of the House any law regulating the matter in Missouri, but if they have not they to the proper amendments, which I think ought to be allowed to this ought to have and they can have. bill. Mr. MORGAN. It is estimated that at least 90 per cent. of all the Mr. CONGER. Before rou leave this matter of the label, will yon u compound" lard produced in the country is so branded. allow me a question ? Mr. LA.CEY. Will the gentleman from Tilinoifl tell ns how the Illi Mr. MASON. . Cert.ainly. nois statute can protect the people who use this article in other States? Mr. CONGER. I understood you to say that the statute of Illinois ... ._, :.. -- ·. .- ;_, .. 1890. CONGRESSIONAL RECORD-HOUSE. 8957 .~ compels these dealers to brand this cotton-seed lard as "lard com Mr• .ADAMS. With the indulgence of my colleague, I desire to pound." submit a parliamentary inquiry. Mr. MASON. Yes, sir; that is it exactly. Mr. MASON. Certainly. ...,· ,' Mr. CONGER. How does it compel them to brand the article which Mr . .ADAMS. By what proceeding can my colleague insure the right is sold as" lard compound," but which has no lard whatever in it? to have a vote on any one of these amendments? - Mr. MORGAN. That is cottolene. The SPEAKER. By getting the House to sustain him. J" Mr. MASON. Yes, that. is cottolene. Mr. ADAMS. In what? Mr. CONGER. Will the gentleman explain to the House why it is The SPEAKER. By securing a vote on the amendment already.pend that Mr. Fairbank is selling all over this country a product branded ing, disposing of that, and then take up the next one, and so proceed " lard compound" when it bas not a particle oflard in it? ing until he has di<1posed of the various amendments he wishes to offer. Mr. MASO~. He is not doing anything of the kind. Mr. ADAMS. Then it would be necessary for my colleague to move :Mr. CONGER. I ca.n show that be is. the previous question on the pending amendment or else lose all chance Mr. MASON. I can show that he is not; and that ends the question of getting a vote on any one of these amendments, in case the gentle for the present. rn an from Pennsylvania in charge ot the bill chooses to shut him out Here is the brand [exhibiting a label] that is used on the product by keeping the proper number of amendments pending so as to pre· known as "cottolene." Here is the beef in the cotton-field ! vent any new ones from being offered. Mr. CONG ER. There is not a pound oflard, I suppose, in the pack The SPEAKER. But the House has absolute control of the mat ages that are marked in that way. -ter by a vote on the amendments under the operation of the previous Mr. MORGAN. Not a particle. question. Mr. MASON. And therefore it is a cle·aner and healthier product. Mr. MORGAN. Then would not that occupy all of our time set [Lau~hter.] These gentlemen here should go back and study this apart for debate in voting on amendments? I hope the House will question. consider the amendments of the gentleman as a whole and let ns goon Mr. Speaker, I desire that these amend men~ shall be considered as with the debate. pending so that I can speak to all of them. I ask unanimous con The SPEAKER. Objection has been made to that. sent; I suppose there will be no objection. Ur. MASON. Well, Mr. Speaker, I propose to offer these amend The SPEAKER. The gentleman from Illinois (Mr. MASON] asks ments, and I trust to the fair play and sentiment of common honesty unanimous consent that certain amendments which are at the desk be in this House to give me an opportunity to be heard on them, and also considered as now pending. to girn me a chance to have the members vote on them before the bill Mr. MASON. I can make my speech much shorter in this way; is finally put upon its passage. Suppose we do take another day in its the amendments can be voted. on whenever the House is readv. consideration; we are going to be heard, and the House ought to give The SPEAKER. If there is no objection, the amendmentS will be me an opportunity when I say that I have important amendments to read. be offered in good ~faith to get them before the House for consideration Mr. MASON. I do not care to have them read. I want to speak and not suppress in this manner the right of amendment. I consider, to them and have them pending, so that they can be voted on when Mr. Speaker, that any man who has got an ounce of gray matter in the House is ready. I will say to the gentleman from Pennsylvania the upper part of his anatomy will concede the fairness of my propa that there is not one of these amendments that is not calculated, in my sition. [Laughter.] belief, to perfect the bill. Some of them, I am satisfied, the gentleman Mr. BUTTERWORTH. Let niesuggesttothe gentleman this plan: will consent to. That of course if he offers his amendments now the Honse will have .Mr. BROSIUS. I can not know-- an opportunity of hearing them and also his discussion and explanation The SPEAKER. The gentleman from Illinois can reach the result of them; and if they commend themselves to the favor of the House, be desires by having the amendments voted on. The Clerk will read there is no doubt that during the consideration of the bill_they will the :first amendment. be voted in. Mr. MASON. Wait a moment; that is.not my request.. 1'11r. MASON. That is just what I want to do. I propose to sub The SPEAKER. The Chair so understood the gentleman's request. mit the amendments to the House as a part of my own remarks. Mr. :MASON. The Chair misunaerstood me. I wish to have the In regard to the amendments I shall offer I would say this: That amendments pending, with leave to address my argument to them. In without any intention of flattering tbe Committee on Agriculture this this way I can condense what I have to say and save the time of the is probably the m!.'St bungling piece of legislation that has ever been House. I do not propose to make any dilatory motion or to do any brought out from any committee-room of the House within my knowl thing for the purpose of delay. edge and expetience; and I say this not because the gentlemen upon Mr. BROSIUS. I desire to reserve any points of order on the amend the floor who bring it forth are not able and competent, but because ments. There is an amendment already pending to the bill, and per- they have been too busy in attending to other matters of more impor haps- . tance-the silver bill, for instance. [Laughter.] The SPEAKER. If the point of order is reserved, it excludes the Several mem hers rose. ._ amendments tor the present. Mr. MASON. Have I the floor, Mr. Speaker? [Laughter.] .Mr. MASON. I ask unanimous consent to have the amendments The SPEAKER.. The gentleman has had it nearly an hour. pending. I can not see the least objection to that. Ur. MAJ::iON. Well, I did not think I had it so long. Mr. BROSIUS. I can not tell-whether I desire to make a point of I propose the following amendments, Mr. Speaker; but :first Jet me order on the amendments unless I know what they are. - state something of the pendency of this bill before the committee and The SPEAKER. Any amendment which maybe pending will have the House. I did not know it was pending in the House until after to be voted on after the previous question is ordered, unless the House it bad been reported from the Committee on Agriculture. should vote on it -previously. A MEMBER. It was not. Mr. CONGER. I rise toa parliamentary inquiry. If unanimous Mr. MASON. The bill was pending when it was introduced. A consent should nowlJe given to have these amendments pending, then bill was introduced some months ago. Now give me your attention I would like to know whether when we reach the hour of 4 o'clock on and let me show yon how it came out of the committee. It was intro Saturday afternoon it will be in order to have· a vote upon each of duced some months ago, what is known commonly as the Conger lard them. bill. We bad repeated hearings before the committee in regard to it. The SPEAKER. Each amendment pending would have to be voted We were prepared to fight that bill at every step. We were ready in upon. J case the child should ever be born to meet the issue presented and lflr. CONGER. That might necessitate the callin0 of the roll forty prevent it from becoming a full grown man. It came out of the com or fifty times. mittee. This bill was introduced on the 28th of July by the gentle Mr. MASON. Oh, no; I do not want anything of that kind. man from Iowa, read twice, referred to the Committee on Agriculture, Mr. CONGER. For that reason I should object. and ordered to be printed. On the 30th of July it was reported back Mr. l\IASON. Very well, then; return the amendments to me. to the Honse from the committee. - Mr. CONGER. The offering of these amendments to the pending I have stood here all winter ready to meet and anxious to meet bill would afford an opportunity to the opponents of the bill to keep that bill, not only myself, but fifteen or twenty other gentlemen who us here voting two or three days. There would be no limit to the occupy the same position in regard to it, and the first intimation that time that they could dP.lay its passage. I had that the committee had shifted their plans and changed the bill Mr. MASON. Mr. Speaker, I give notice now that I desire to offer was presented by the fact that the gentleman from Pennsylvania [Mr. the following amendments, and I wish to be heard on them. I do not BROSIUS] reported the bill to the House of R.epresentatives, having understand, in the :first place, by what rule I am excluded from offer taken down to the committee-room a quorum and passed the bill out. ing them. I understand the ruling of the Chair to be that only one And we now have it, gentlemen, before· us, although we have never amendment can be pending. bad an opportunity in the committee to offer an amendment to it. The SPEAKER. Only one can be pending. There is one now pend They went to the Internal Revenue Department (and by a mere chance ing. It can be voted on, however, and of course will give room for I heard they were there) and got the Commissioner to take it up and another. bear the questions presented and decide them; and the opponen~ of .• _. .- ·- I... ,.. .-. .- . \ • - I•• . ' •. ~ .. ·- I -· - 1. ,' ... , .... . , 8958 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, the bill were never heard at alL A more perfect star-chamber pro Mr. MASON. I have sent for a copy of the Illinois statute. I had ceeding was never had in any piece of legislation on this floor. a copy of it a few days ago, but I have not the last edition here. I had ~. Mr. CO:N"G ER. Will the gentleman yield for an inquiry? a printed copy in an argument which was cited from the last revision, Mr. MASON. Well, my time is rather limited. The gentleman and it provides that when you mix any article with lard it shall be will have his own time. marked "lard compound." That is the statute. If I am mistaken Mr. CONGER. I will let this come out of my own time. about it I have been misled by others who sent me a copy of the stat Mr. MASON. Very well. ute. But I have no doubt that I am correct. Mr. CO~GER. I wish to ask if you have not had the same oppor Then, Mr. Speaker, suppose there was no statute upon the subject; tunity to meet this bill that you had to meet the bill No. 283? what :faiTness, what honesty is there in saying that we must change Mr. MASON. We have if you give it; but if you order the previous our brands, and call it "compound lard," when we already call it question at 4 o'clock on Saturday and do not give a chance to offer ''lard compound"?" Does it look like a fair, honest effort to compel us amendments, then I say that we have had no chance to meet you in the to obey the law? These things were known to this committee. What Agricultural Committee; we have bad no chance to meet you in the fairness or justice is there in that? Does it advise you any better as committee-rooms of the House of Representatives; we had no oppor to what you are buying because it says ''compound Jard" than it would tunity of a hearing before the Commissioner of Internal Hevenue; we if it said "lard compound?" Is it not simply to levy blackmail upon --. ,, have no opportunity hefore the House of Representatives; and the men the men that are rnnning this business, to compel them to pay out who are opposed to the act had no opportunity whatever to know any money without any necessity? thing about what was being done with it, not one, and the only people Mr. Speaker, I am more anxious to get an expression of the House who passed upon its merits were the two or three who bad it in charge npon the arqendment which I have offered, and which I think will be : and the gentlemen interested in lard manufacture in the large cities adopted, than I am to continue my argument further, and for the pur throughout the country. pose of getting a vote on the amendment I desire to move the previous Mr. CONGER. But, so far as the Committee on Agriculture was con queslion upon the pending amendment offered by the gentleman from cerned, you had the same opportunity to ~mend this bill before the Arkansas [Mr. McRAE]. House that you would with reference to the other bill. The SPEAKER. If no gentleman desires to debate the amendment Mr. MABON. Certainly; but it is a different bill. the question can be taken without ordering the previous question. Mr. MORGAN. If you will allow me to make the suggestion, this Mr. BROSIUS. Mr. Speaker, a parliamenta.ry inquiry. I have no bill was brought into the Committee on Agriculture with the report disposition to offer obstruction to what is in accordance with order. ready, before it bad ever been submitted, that I was aware of, and was My inquiry is whether it is in order to move the previous question on put throu~h in five minutes. the pending amendment before the time comes when the previous ques ..· l'llr. McCLA.AUtfY. And came out again with the force and effect of tion is ordered on all amendments under the rule. a committee report. The SPEAKER. The Chair thinks iu is. Mr. CONGER. There were no changes in the bill at all. :Mr. BROSms. Very well. Mr. MORGAN. There was no opportunity given to consider or dis The SPEAKER. The question. is upon the amendment of the gen cuss the matter. tleman from Arkansas, if no one desires to debate it. ..Mr. MASON. I will have to decline to yield any further, as my time Mr. McRAE. I desire to say one word on the.amendment before the is alreadv too short. I desire to offer another amendment. I desire to previous question is ordered. take the~bill out of the license plan. In a bill known as the McKinley Mr. UcCLA.MMY. I would like to have the amendmentread. bill we have abandoned the license system. I have a letter here from The SPEAKER. Without objection: the amendment will again be the Commissioner of Internal Revenuewhorecommendsthatthewhole read. license system be taken out. This is what he said in his letter to me: The Clerk read as follows: It bas been suggested that section 3, relative to licenses, be stricken out as in Add to section 1, the following words : consistent with the present internal-revenue system. "And rendered in open kettles, the process used by farmers and butchers." Now, I wa_nt avoteupon that. Therearelotsofgentlemen who may The SPEAKER. The question is on agreeing to the amendment. ' be in favor of this bill, who will vote to amend it to strike out the license If no gentleman desires to debate it, the question can be pnt without . system. The tax that you put upon it in the way of a revenue stamp ordering the previous question. is bound to protect the people a~inst any fraud. This license system Mr. McRAE. I desire to say one word with reference to it, bat I is simply to annoy the small merchants. To be sure the licenses are can do so after the previous question is ordered. I do not desire to small, but the idea is simply to keep the retail merchant from going take up time by ordering the previous qnestion, if I may be allowed to into the business at all, for the reason that they will have to procure make a short statement. these licenses. I shall ask for a vote upon that amendment. Mr. BROSIUS. If a vote ia to be taken upon this amendment., I I want an amendment to the first section of the bill, inserting the desire to say a word in opposition to it. word "healthy." I do not believe any one will object to that, in the Mr. McRA.E. Say that ten minutes be allowed on each side. ·· .. definition of lard. The bill provides, that for the purposes of this act Mr. BROSIUS. I cnre for but one moment. I think it is hardly the word ''lard '' shall be understood to mean the food product usually to be expected that such an amendment as this would pass. known as lard, and which is made exclusively from the fresh fat of Mr. McRAE. You are mistaken. slaughtered swine. I de ire to insert there the word "healthy." Mr. BROSIUS. If such an amendment was made to this bill it Mr. FARQUHAR. Healthy swine instead of slaughtered swine? would exclude all modes of rendering lard except oQe mode that was Mr. MA.SON. I do not mean to insinuate that the swine can be in use a hundred years ago, and will exclude all modes that may be ' healthy after it is slaughtered; but I think we all understand by that discovered hereafter-- that the pork mnst be from swine that are healthy before they are 11-Ir. McCLA.MMY. And would be in the interest of the American slaughtered. I believe that the members of this House woul~ be will farmer. in~ to insert the word "healthy" and I believe that the manufact Mr. BROSIUS. I therefm:·e do not think: it ought to pass. ure.rs of lard would be opposed to it. Mr. CANNON. In other words, if such an amendment as this goes Now, to show some of the other inconsistencies of this bill, Mr. on this bill it gives no chance for any regulation whatever. Speaker, I wish to ha>e the bill amended, if it is bound to pass, so that Mr. BROSIUS. Certainly. it may conform to the Illinois statute. The Illinois statute says the Mr. STEWART, of Texas. Will the gentleman allow me to ask him packaJres must be marked ''lard compound," and to change these a. question? :' . : brands would cost thousands of dollars. Is there any justice in thab? Mr. BROSIUS. Yes, sir; if it is pertinent. Mr. BROSIUS. Will my friend allow an interruption right there? Mr. STEWART, of Texas. If this amendment is adopted, does it Mr. MA.SO~. Certainly. not inure to the henefit of the farmer, who makes his lard in open ~ . Mr. BROSIUS. I think the gentleman does not intend to be unfair kettle? in his interpretation of the statute of Illinois. Will he permit me to l'IIr. BROSIUS. Oh, not at all. read the statute of Illinois? Mr. BUTTERWORTH. I understood the gentleman from Illinois 1'l'J r. M.ASON. You can read it in your own time when you ha.>e the [Ur. l1Aso~] to have the floor for an hour to discuss this bil I, and he floor. moves au amendment, and this discus <:. ion is in that hour. Kow, does A .M~!BER. Let him read it now. this come out of the time of the gentleman or is it to oscillate and Mr. .MA.SO:N". Very well; read it now. ricochet about and he hold the floor? Now, he wants a vote on this Mr. BROSIUS [reading]: amendment, and I want to know whether or not this comes out of the In Illinois it is a penal offen.se to mix foods or compound them, except under gentleman's time. the appropriate name and notice that it is mixed iitstamped on each package, Mr. MASON. I suppose not. roll, or parcel. Butter must not be mixed with oleo, suine, beef-fat, lard, or other foreign substance, without stamping the article with the true and appro l\fr. BUTTERWORTH. I understand ib does. priate n11.1:ne and the percents.ire in which ingredients enter into the composi· Mr. MA.SON. I am willing to admit that it does not. [Laughter.] tion. (Revised Statutes, pai{es 419-50.) .Mr. McCLA.Ml\iY. I have control of the time, and I would give .· Mr. MA.SON"~ That is not the statute I refer to at all. him such time aa be needs. Mr. BROSIUS. Then I beg the gentle~'s pardon. Mr. BUTTERWORTH. I would like to have a ruling upon that Mr. HILL. Will you i·ead the Illinois statute if you have it there? point. The Chair will see that it places the matter in a peculiar situ- . ' .· . '. 1890. CONGRESSIONAL RECORD-HOUSE. 8959 ' , a.ti.on, as the gentleman could have an hour and could pursue this but we do not ca.re a penny for the ta,.x: if every individual who sells these goods .. would sell them for what they are. (See record of hearings, Fiftieth Congress, •' M• ~ course, indefinitelv extending his time. page270.} The SPEAXEI( The gentleman from Illinois announced that rather It this be true, there is no use for this bill with its system oflicenses, · than go on with the discti.ssion be would be willing to have a vote on taxes, and penalties. Sin0e that time I understand that the principal 1 -. the amendment. That indicated a willingness on his part to do busi manufacturer of "lard compound" bas changed his brands irom "re ness and to cease debate. The Chair so understood it, and in endeav fined lard'' to'' lard compound,'' ata cost of $20,000. The people still orinir to facilitate his wishes the present l!!tatns has arisen. The gen use it and, in many instances, prefer it to the product called ' ' prime steam tlem0au from Arkansas desires to be heard in regard to his amendment, lard·" and because of this fact the fight, supposed to have been settled and suggests that ten minute.s be allowed on each side for debate, the by the branding, has been renewed, and it is said that it is done in the in previous question to be considered as ordered upon that amendment. terest of the farmers. I emphatically deny that the fight is made by or Mr. BROSI US. I do object. . for the farmers or that it is in their interest. It will not benefit them Mr. BUTTERWORTH. With the understanding that it comes out and they have not asked for it. It is the pork packers who have asked of the hour of the gentieman from Illinois. for it. The farmers of my section of the country, both t>lack and white, The SPEAKER. His hour has' expired. have sent numerous petitions here against it. They know what it Mr. 1\IASON. I did not have an hour. I bad as much time as I de means. The colored cotton-growers, who now have a ready market for sired. their cotton seed, are more interested in the defeat of the bill than any Mr. McCLAMMY. And he can have all I can give him, if neces other class of farmers. ·. sary. It will ruin this market for the sale of cotton-seed and deprive them Mr. BR}'SIUS. I am willing for a vote ou the amendment, but I of a cheap, wholesome food product. Resides, I hold that the farmers object to the ten minutes' discussion. who grow cotton have just as much right to protection as those who Mr. MASO~. If the gentleman does not want to allow this amend raise hocrs. If the Government needs the money-and I am inclined ment to be discussed for ten minutes on each side how can it be under to thinkthat if this Congress goes on much longer at the rate it is now stood? increasing expenditures it will need it-then let us tax both indus Mr. RROSIDS. A parliamentary inquiry, Mr. Speaker. This par tries for the raising of revenue. I am convinced that the manufact . " .! liamentary situation might ensue if we proceeded in this way, namely, urers of ''prime steam lard'' are imposing upon the country in attempt -- an amendment is offered, and as only one can be pending at a ing to make their fight in the name of the farmers. Nobody knows time the nrevious question is moved upon that amendment. Debate better than these manufacturers that they, and they alone, will be is lmd upon it and an hour consumed. When that is over, another benefited by the :i-issage of this bill. I have proposed the pending amendment may be offered. There being no amendment then pend amendment for the purpose of testing the sincerity of those who favor ing the previous question may be moved upon that amendment and the bill and pretend to be the friends of the farmers. another hour consumed in discussion; and thus, in offering amend Their votes upon this amendment will settle the question as to ments, one at a time and debating them, though briefly, may consume whether they want to aid the farmers who raise the hogs or the rich man the entire time between this and 4 o'clock on Saturday afternoon. ufacturers who make 11 prime steam lard" out of the whole hog. The The SPEAKER. That would involve a discussion of the bill, which eflect of the amendment if adopted will be to require all imitation of would be consideration of the bill. It is a part of the consideration of lard, lard compound, and prime steam lard to be subject to the provisio~s a bill to amend it or to offer to amend it. of this bill so far as the tax, license, and branding are concerned, but will ~Ir. BROSIUS. Tha.t is very true. I ma.de the inquiry simply for exempt all lard rendered in open kettles by the process used by farmers information. and butchers. Noone charges that the farmers and butcllers, who make Mr. HERBERT. Will the gentleman from Illinois permit me to after the old way much of the lard for our home market, have ever been make a suggestion? · guilty of any fraudinrenderingit. I mean by this amendment to make The SPEAKER. Is there objection to the proposition for ten min lard rendered after the old method, from the leaf and other pure fat of utes' debate upon this question and then a vote? the hog, the standard for pure lard and so far as we can to give a prefer There was no objection. ence to it. Mr. McRAE. Mr. Speaker, I am opposed to this bill, and I hope it Nobody fears that the ladies of our country who make lard for our will be defeated unless materially amended and changed. Its friends farmers will ever be guilty of such fraud as is charged against tliese ..... talk Jong and loud a_gainst fraud and deceit, and yet the bill itself is a rival corporations; they will never consent to use the fat of diseased .. fraud in that it pretends to be a revenue bill, when in fact it is a bill to ho ,. .. ',,, ( ...... - ... ··' \ .. - 8960 CONGRESSIONAL RECORD-HOUSE. AUGUST 2i, The SPEAKER pro tempore (1\!r. GROSVENOR). It was offered by They do not use it with the dread that it lms come from the vats of the gentleman from Arkansas [Mr. l\lcRAE] and printed in the REC some heartless corporation. If we will compel these rival corporations ORD yesterday. t? brand their own products we will have. more of such lard. The Mr. HATCH. Well, the effect of it would be simply this: It is an time was when we had no other, and then there was no complaint. It ai;nendment which, if adopted, would not only kill the bill, but the you are for the farmers in fact show it by voting for this amendment. If bill as passed by the Honse would prohibit the manufacture of lard you do not, then let us hear no more from you about them in this con in the United Stat.es except ·in open kettles, and the gentleman test. knows, if he knows anything on the subject, that not 10 per cent. of Mr. REILLY. I ask that the first section of this bill be read with the lard that is made in this country is made in open kettles. the words proposed to be added by the gentleman from Arkansas [Mr. Mr. McliAE. It does not prohibit the manufacture of any kind of McRAE]. I think this will demonstrate that the argument of the lard, but will subject to a tax "prime steam lard," just as you pro gentleman from Missouri [Mr. HATCH] is correct. pose for "lard compound." The Clerk read as follows: Mr. HATCH. The gentleman has not read the first section of the Be it enacted, etc., That for the purposes of this act the word "lard" shall be bill. under~tood to mean t.he food product usually known as lard, and which is made exclusively from the fresh fat of slaughtered swine and rendered in open ket Mr. McRAE. Yes, I have. tles, the process used by farmers and butchers. Mr. HATCH. Or be does not understand its language. In that sec tion pure lard is defined; and the gentleman proi>oses to add to that Mr. ALLEN, of Michigan. Mr. Speaker, in the five minutes re n;ia~ning for the discussion of this question I desire to call the at.ten de~ition the words ''rendered in open kettles,'' so that nothing can be considered pure lard unless it is rendered in an open kettle over the fire. t1on of the House to the weakness of the amendment of my friend from Such a provision would not only prohibit the manufacture of lard, bnt Arkansas [Mr. McRAE]-! was going to use another word. That would destroy absolutely the value of the hog product in the United amendment would make this first section apply, as I understand, to lard rendered by farmers and butchers. Now, my friend must know ~tates, because the i;nost valuable part of that product that we export that in his own district there are a great many people who are neither I~ the lard_; and tha~ IS ~de by the steam process in every packing estab farmers nor butchers, but who occasionally kill hogs and rendci;. the hshment ID the. Umted ::3tates. Ninety per cent. of all the lard product of the country IS made by the steam process, and every particle of your lard. Under the gentleman's amendment these persons would not be compound lard is made in the same way; not one onnce of it is made in reached. a kettle. You might just as well prohibit the manufacture of lard as Several MEMBERS. Oh; that is a mistake. put on au amendment which will absolutely destroy the value of the Mr. ~icRAE. The amendment does not require that the person bog product ol the United States. rendermg the lard shall be a farmer or a butcher, but simply that he The gentleman talk3 about protecting the farmer by this amend shall adopt the process of farmers and butchers. Mr. ALLEN, of Michigan. The object of the amendment is plain me~t. He could not s~rike a more deadly blow at every farmer in the Umttld States who raises a hog for sale. It is absolutely absurd to enough. It is to kill the bill. The farmer does not render his Jard· he se~ls his pork after the hog is killed to the packer or dealer, and th~ ta~~ about the Hon_se e?U:rtaining for a moment the gentleman's prop· lard IS made, not by the farmer, but by others. The farmer simply os~tion. Defeat this bill if you please; but as to the idea of putting this amendment on, I have really no patience to discuss it further. asks that in selling that which is pure and wholesome he shall not be Mr. McCLAMMY. Before the gentleman takes his seat will he par compelled to compete with people who are banking upon his pure prod don a question? ucts. Mr. HATCH. Certainly. Mr. McRAE. And he wants to be protected against Squires & Co., Mr.. McCLA.MMY. Does the farmer export or -does the packer? as well as Fairbanks & Co. l\Ir. KELLEY. I would like to ask if the gentleman fr.om Arkansas That IS one question; and, furt.her, I would like to know whether the would not permit an amendment to his amendment, and make it read price of butter is any higher now than ib was before the passaue0 of the oleomargarine bill. '' iron kettles.'' My friend from Iowa. here says that it is unhealthy Mr. HATCH. The gentleman has already confessed to the House to.render fat in brass kettles, and there may be some mistake by these that be is not himself this morning, either mentally or physically as tailors, lawyers, and others that the gentleman from Michigan speaks he did not sleep last night., and therefore he can not understand-' about that might get them into trouble. Mr. STOCKDALE. The gentleman from Iowa is not a very aood Mr. McCLAMl\IY. l want you to help me. 0 Mr. HATCH. The gentleman knows that the market which the chemist, I apprehend. farmer has for his hogs is with the packer, and without that market The SPEAKER. The question is on agreeing to the amendment of hogs would not be worth the acorns that they eat. the gentleman from Arkansas. The question was taken; and on a division there were-ayes 50 noes Mr ~fcCLAMMY. And the packer bnysjust as low Bs he can 61. ' Mr. McRA.E. Mr. ~peaker, ~he gentleman from Missouri [Mr. HATCH] as usual questions the right of any body else except himself to Mr. McRAE, Mr. McCLAllllIY, and others demanded the yeas and nays. speak for th~ farmers. I am ~ot surprised at the statements made by the gentleman from Pennsyl vama [Mr. BROSIUS J as to the pending amend. The SPEAKER. As many as are in favor of ordering the yeas and ment, but I am surprised at the statement of the gentleman from Mis nays will rise and stand until counted. souri. He ought to know better; but be either does not understand Mr. MASON. I hope the gentleman from Arkansas will let us have the purpose and effect of it or misrepresents it. He bas evidently given a vote on the other amendments-- Mr. McCLAMMY. ~o; this is the important amendment, This is bu.t littl~ attention to it, although it was offered on yesterday and was printed m to-day's RECORD. Whether he bas patience to discuss it or the ''proof of the puddmg." not we will see that be has an opportunity to vote upon it. l\1r. ALLEN, of Michigan. I give notice that we are not going tQ I repeat that the effect of it, if adopted, will be to exempt from in have the time of the House consumed iu voting on amendments and spection, branding, and taxation all lard made from the fat of hogs that we are going to treat this bill as others have been treated u'.nder rendered in open kettles as is usual by farmers and butchers. It will the special order of the House. not have the effect to prevent the manufacture of any kind of lard what Mr. MAS~N. Welf, I do not know t?-at you have any special right ever. All other substitutes and compounds will be subject to the re to serve notice on me. maining provisions of this bill, modified as they may be so as to make Several members rose. them applicable to all alike. The tax may be reduced or the bill The SPEAKER. If gentlemen will reflect for a moment they must changed so as to only provide for the branding. These matters can all understand that debate can not go on while the demand for the yeas be looked after when this amendment has been adopted, if it is. I can and nays is bein2 considered. · Mr. MASON. I am not debating, Mr. Speaker. ?n'!Y move m:~e amen~ment at·a time, and it is hardly fair to say that T~e ~t IB ~o~ C 1890. CONGRESSIONAL· REO-ORD-HOUSE. 8961 Peel, Skinner, Tucker, Whiting, Mr. GROUT with Mr. FITCH. Price, Stewart, Tex. Turner, Ga. \Vilkinson, Mr. BOUTELLE with Mr. HERBERT. Robertson, Stockdale, Turner,N. Y. 'Vilson, ,V, Va.. Rowland, Stone, Ky. Vandever, Mr. CANDLER, of Massachusetts, with Mr. STEWART, of Georgia. 8a.yers, Taylor, Ill. Wallace, N. Y. Mr. WILSOY, of Kentucky, with Mr. PERRY. ( Shively, Tillman, Wheeler, Ala.. Mr. MCKENNA with Mr. CLUNIE. . NAYS-102. 1'-Ir. BELDEN with Mr. FLOWEB. Allen, l\lich. Conger, Houk, Reed, Iowa. Mr. DE LANO with Mr. DUNPHY. Anderson, Kans. Connell, Kerr~Iowa Reilly, Mr. STEPHENSON with Mr. DAVIDSON. Atkinson, Pa.. Cooper, Ind. Lacey, Rowell, Atkinson, W. Va. Culbertson, Pa. Laidlaw, Russell, Mr. LIND with Mr. PIERCE. Baker, Darlington, Lane, Simonds, Mr. NUTE with Mr. BARNES. Smith, Ill. Banks, Dingley, Lansing. Mr. STEWART, of Vermont, with Ur. BLA..c~CHARD. Bayne, Dorsey, Lester, Va. Smith, W. Va. Beckwith, Duunell, ~la.rtin, Ind. Spooner, l\Ir. PERKINS with Mr. KILGORE. BerKen, Evans, McCormick, Springer, Mr. SMYSER with Mr. SENEY. Bingham, Farquhar, McKenna, Stockbridge, Mr. FINLEY with Mr. CANDLER, of Georgia. Bliss. Flick, McKinley, Stone, Mo. Boothman, Forman, l\loffitt, Struble, Ur. w ATSON with Mr. Mc.A DOO. Bowden, Fowler, l\loore, N. H. Sweney, Mr. JOSEPH D. TAYLOR with Mr. BRUNNER. Brookshire, Funston, Morrow, Taylor, E. B. Mr. HOPKINS with Mr. COWJ,ES. Brosius, Gear, Iorse, Taylor, Tenn. Browne, Va. Gest, Nledringhau.s, '.rhomas, Mr. SANFORD with Mr. RUSK. Butterworth, G rosYenor, Norton, •.rownsend, Pa. Mr. MOREY with Mr. McCARTHY. Bynum, Hall, O'Donnell, Venable, Ml'. WRIGHT with Mr. GEISSENHAINER. Cannon, Hansbrough, O'Ferrall, \Valker, Carter, Hatch, Owen::i, Ohio Williams, IU. Mr. THOMAS M. BROWNE with Mr. wASHINGTOX. .... Caruth, Haugen, Post, Williams, Ohio Mr. FLOOD with Mr. DARGAN. . Ca.swell, Haynes, Pugsley, • Wilson, Mo. Mr. DE IIA VEN with Mr. BIGGS, on all questions except bankruptcy Ola.ncy, Heard, Quackenbush, Wright, Clark, Wis. Henderson, Iowa. Raines, Yardley, and national-bank legislation. Cogswell, Hill, • Randall, Mr. STIVERS with l'ifr. COVERT, until J:'riday next. Comstock, Hitt, Ray, Mr. SCULL with Mr. KERR, of Pennsylvania, for the rest of this NOT VOTING-160. week. Abbott, Dalzell, Lee, Rockwell, Mr. w ADE with Mr. p A YNTER, for tlie rest of this day. Alderson, Dargan, Lewis, Rogers, Mr. ROCKWELL with l'ifr. COTHRAN, on this vote. Allen, Miss. Davidson, Lind, Rusk, Anderson, Miss. De Haven, Lodge, Sanford, Mr. wADDILL with Ur. v AUX, on thi Mr. Speaker, it is not true that this bill can in any way, shape> cheated by the false and fraudulent invoices made of woolen goods ' . or manner affect the man who produces cotton if what is claimed imported into this country under another name, the tariff upon which for the oil is true. Why? Because we have the evidence of ex was lower than the law permitted on woolens, and we were com perts all over the country, introduced by gentlemen engaged in its pelled here to pass a Ia.w to correct the evil that had depressed the productiol,1, that cotton-seed oil is in all respects superior as an arti price of every pound of wool grown in t.his country for years anu cle of food to hog's lard, and hence it is absurd to suppose, if these years. This is but another example of how the farming community gentlemen have brought this article, raised upon Southern farms, has been swindled and robbed and cheated by taking that which to such a perfect state, that by any possibility we can injure the they produce or have the right io produce and making an imitation Southern farmers by compelling the people of the United States and putting it upon the market for the genuine. when thev use cotton-seed oil to use it 'without the adulteration of Take co~ton-seed oil. Why, gentlemen from the South, you know bog's lard. that every quart of cotton-seed oil to-day is controlled by the cotton But that is not all my friend finds fault about. He charges here seed-oil trust, and the farmer of the South takes just exactly what that the packers oflardmake use of the hogs that diein transit upon this "combine" gives him and no more. You are doing him no the cars and that they are made into lard for consumption. What justice by fighting this bill. And, Mr. Speaker, the National Grange proof have we that "lard compound" does not contain the same of the United States, representing the farmers of every State in this unfit ingredient Y What evidence have we that it also is not made Union save two, in its annual convention, after deliberu.te discussion from animals dying in transitu? It is absurd to make such an argu of this whole question, ha.a for yea.rs demanded this le~isl::ttion. ment and undertake to defeat this bill upon any such proposition. Mr. KELLEY. I would like to ask the gentleman now tho na Another argument my friend uses at this point is that we ought tional granges could have asked for the passage of this bill for the not to undertake to ruin Mr. Fairbank. Mr. Speaker, I do not think last two or three years, when it was only introduced in this House we ought to use names here. I do not, except a-s I am compelled to on the 26th of last July . .· by what the gentleman has said. I have not a derogatory word to Mr. ALLEN, ofMichigan. If my friend bad paid attention to what say about them; but when my friend talks about ''impoverishing" I said in the beginning, he would have understood that I tolu him a great firm, because forsooth they may have to pay something to and the House that this bill is the result of agitation and discussiou change the brand on their goods and because they may ha>e to pay upon this whole question by the farmers themselves for years l>ofore •I 2 mills a pound tax upon their products, is to talk an absurdity to the bill was brought into the House. They are the anthors of this intelligent men. bill, not we. They demanded this legislation before the gentle Now there are two parties to this contention, and the object of man himself knew the difference between lard and cotton-seed oil. this bill is to protect one against the other. Frrst, are these men [Laughter.] who are engaged in making lard compound, a compound made up Mr. KELLEY. I do not know it yet. [Laughter.] of lard, cotton-seed oil, stearine, and possibly other ingredients. .Mr. ALLEN, of Michigan. And any man who thinks that the farm That is the one party, and they brand their product "lard com ers do not know what we are doing in this Congress upon this pound" solely and only for the purpose of having the people of this question is wofnlly deceived. What do we ask in this bill Y Simply country buy it as and for la.rd. On the other hand are the producers .that a man who proposes to sell "lard compound" shall label it, so of the bogs in this country. Fifty millions in number is the product that people shall know what they are buying. We simply say that yearly. It is an industry that as far as dollars and cents are con the great industry upon which the prosperity of the farmers of this cerned outranks the business of cotton-raising. country so largely depends shall not be imperiled by false goods This industry lies at the foundation orthe prosperity of the farm thrown upon the market; that people shall not be inveigled into ers north of the Ohio and west of Buffalo. Itis a question of some buying for lard that which is not lard; that t.here shall be no ''false importance to them, then, whether it shall be interfered with by lights along the shore" to lure the consumer or wrong tho producer, unfair and misleading competition. No-w, we are told that this if by legislation we can prevent it. cotton-seed oil is healthy. We are told furthermore that the farm When men sell something for lard which is not lard, they thereby, ers who favor this legislation do not know what they want. One to that extent, wrong the man who sells pure lard or fattens pork witness in the Fiftieth Congress in bis testimony laid down this for the purpose of selling it to manufacture into lard for the market. proposition relative to the men for whom I speak, the farmers of my They deceive the public also to that extent, and this law simply district and State and the Northwest, to wit: steps in and not only says that any man who engages in that busi Ifwe consid&r that we can make au article that meets the demand of onr trade, ness shall let the people know what he is selling, but also in order fulfills tlle wantR of tradll, and is pure and wholesome and valuable, and can pnt to enforce the law it is further provided that he shall pay enough in 50 to 60 per cent. of cotton-seed oh, and harden it with 20 i1er cent. of lard to make it fum, it meets the demand of our trade. That is all they (the con tax upon this article to pay all expenses and bring the matter withiu sumers) want. "'\Ve know what they want better than they do themselves. our jurisdiction, for that is all the tax is levied for, and gentlemen Again: know it very well. • If we choose to sa.y we are willing to put in our brand of refined lard only abont It is in evidence, Mr. Speaker, by the experts who have testified 20 per cent. of lard, we consider it perfectly fair to do it. in relation to the subject, that this compound can be produced from If that is true that the compound is 80 per cent. cotton-seed oil 5 to 10 per cent. cheaper than pure lard can, and is it any hardship and only 20 per cent. lard, why do they not brand it, if they propose to compel these men to label their goods as what they are, and re to be honest with the people, as " cotton-seed oil compound Y" quire that after labeling them they shall pay the expenses that may Why do they attach the word "lard" to it Y It is done, sir, for the accrue because of the necessity of having laws to protect consumers purpose of selling the commodity as and for lard, and by so doing who want honest goodsf they are defrauding the farmers of this country of a market they It is not necessary, sir, to expend much time upon this question. I otherwise would have. will say to members of the H(\l).Re, as I have already said to my The farmer can not afford to pay a tax upon his lard. That is the friend from Kansas [1\Ir. KELLEY], that this bill is not of our orig 1 ' raw material," so to speak. It must go from him to the consumer inating. In passing it the House of Representatives will be but keep ati cheaply as possible in order to bring him any profit. If it is true ing pace with the demands of the people, who run ahead of us iu that we a·re bound to protect the industries of the United States, it this as they do upon all the great questions affecting the entire follows that this industry, which is so important a factor in the country; for to-day, Mr. Speaker, it is the rule and not the excep tion that the people of this county who are engaged in farming, prosperity of all farmers, is entitled to protection first. Sir1 he, the farmer, for years bas been cheated by putting upon the market that while they lead isolated lives, are as well read and understand what which is not lard for lard; and the product he had to sell illegiti is going on and what they want as well as the denizens of the city, mately depressed in price because of such competition. and oftentimes a good deal better. Although gentlemen who oppose In the Fiftieth Congress the men engaged in manufacturing this this bill may claim that they know better than the farmer what he compound took the bold ground that they bad a perfect right to put wants, I deny it. The farmers not only know what t.hey want, but this article upon the market as la.rd, and if the people found out they are not very backward in expressing their wants this year. there was anything else in it, it was because those people were [Laughter.] .:.· shrewd enough to do so ; and they, the manufacturers, were not Mr. Speaker, agriculture has been depressed. That is true. Ilnt bound to disclose it. Bnt after the investigation that took place in spite of all the obstacles the farmer bas had to contend with, in then, when the attention of the country was called to the fact that spite of all the various combinations that have been mado against this compound had superseded the pure article to the extent it had him, the census will show that he has been able, by his increased and when public indignation bee;an to manifest itself, then they, in knowledge, by his industry, by his thrift, to forge ahead many de order to avert the threatened legislation, said, "We will brand grees beyond the point where he stood in 1880. But, sir, that does this as 'lard compound."' Uptothattime,Mr. Speaker, thesevery not absolve us from the duty we owe him to lift any burden tba.t parties had branded that compound as "refined lard." 'Vill my unfairly rests upon his shouldersl and when you allow any combina friend from Illinois dispute that T tion to be put upon the market that is an imitation of his products Mr. TAYLOR, oflliinois. I decline to beinterruptecl. [Laughter.] and permit it to be sold without putting the buyer upon his guard, ... Mr. ALLEN, of Michigan. They bad branded what was not lard you are to that extent cheating the farmer of that which belongs to as "refined lard" and sold it to the people of this country for what him. If a~riculture becomes depressed the evil effects are felt every it wns not. Did that affect the farmed Certainly; because the where, an ( I ; , ' '. ,. . . ·. . ·.~ 1890. CONGRESSIONAL RECORD-HOUSE. 8963 •. this product is so superior an article, why they do not brand it ''cot involved show simply that any bill which we really want to consider ton-seed-oil compound." Why do they stick to the name "la::.-d," properly ought to be considered in Committee of the Whole; I there unless by so doing they are improving the· chances of selling their fore suggest that the gentleman move we go into Committee of the waresf 15 it not clearly an attempt to get the trade of those who Whole, so as to consider this bill as it ought to be considered. ·~ want fard by r13presenting that this "compound" is 1ard when it is Mr. CONGER. Regular order! something elseT , Mr. BROSIDS. I have the tloor, l\Ir. Speaker. It is for these reasons, sir, that this bill should receive the sanc The SPEAKER. To whom does the J,tentleman yield? tion of the House of Representatives. It is because this industry is Mr. BROSIDS. I yield fifteen minutes to the gentleman from Iowa vitally necAssary to the welfare and prosperity of the farmers. It is [Mr. ~DERSON]. been.use he, isolated as be is, can not compete with vigorous organ Mr. MA.SON. Just one moment. As a question of privilege I wish ized opposition with great capital behind it. It is because the peo to correct a statement I made; it will not come out of the time of the ple of the United States when they purchase an article of such.uni gentleman from Pennsylvania. Inreferringto the statute oftbe State versal nso as lard are entitled to know what-they are buying. of Illinois I fell into an inaccuracy. While I stated the substance of Gentlemen talk about the cost of the label. My dear friend from the statute- Chicago [.Mr. MASON] trots out this label of Fairbank & Co. and pleads with us not to pass this bill because of the expense to which Mr. BROSIUS. Mr. Speaker- it will subject this gi·eat firm to change it. Shades of Crresus, the Ji:Ir. MASON. I consider that I have the right to make this correc elder Rothschild, and Commodore Vanderbilt! The idea of talking tion as a matter of personal privilege. about any little expense of that kind affecting men who are worth Mr. BROSIUS. If it does not come out of my time I do not object. their millions and who have increased those millions by bringing Mr. MASON. I do not intend to enter into anydiscussion, but only into competition wit.h the product of the farmers of this country a to make an explanation for one moment. commodity that is not represented to be what it is. For these rea The SPEAKER. The gentleman will proceed. sons, Mr. Speaker, I ask that this bill shall be passed as reported by Mr. MASON. The Illinois statute provides that the mark on the the committee. [Applause.] package may be either "compound lard" or "lard compound." Quot '• - Mr. !I.A.SON. Will the gentleman tell me how anybody will be ing the ad from memory, I said that the dealer was confi.aed to the benefited by changing the words " compound lard" into "lard com words 11 lard compound.'' I only \vished to call attention to this slight pound T" inaccuracy into which I fell, not then having the statute before me. Mr. ALLEN, of Michigan. That is not all the1·e is in the bilL l\Ir. BUTTERWORTH. What is the date of that act? <.! ...J Mr. MASON. That is one of the things. Mr. MASON. June 3, 1889. Mr. ALLEN, of Michigan. Yes, that is one of the ihings; and so Mr. HENDERSON, of Iowa. Mr. Speaker, in the consideration of I • far as that provision goes it is good enough. The benefit to the the pendin~ bill no question is raised as to the power of Congress to ...... farmer from the passage of this bill will be that his product will be enact the law presented by the Committee on Agriculture. That mat . ' taken out of the field of competition with a bogus commodity which ter was thoroughly gone over in the consideration and passage of the I is gaining place and favor by sailing under a name which belongs to oleomargarine act, which, so far as it has been tested, has been sus ..,,,...... the farmer's product alone, lard. That is the way the farmer will tained by the courts of the land. It is only a question of policy be benefited. We simply want you to abandon your false pretenses whether Congress should or should not exercise this power as to lard· so far as this commodity is concerned. [Applause.] adulterations and false branding. I believe, sir, that this is a case :Mr. BROSIDS. Mr. Speaker, in view of the fact that a number of that demands the exercise of our legislative functions in the manner gentlemen on both sides desire to make remarks on the pending bill, contemplated in the bill before us. I ask unanimous consent that we take a recess at 5 o'clock this even Mr. Speaker, all nations, especially back in the Dark Ages, have ing until 8 o'clock, and that the evening session be exclusively for de plundered each other without regard to the ethics involved. The bate on this bill. further back in history you go the more freedom you find in the The SPEAKER. The gentleman from Pennsylvania [Mr. B:&osn:;s] plundering of each other by nations, and often with pecuniary ad .' ... asks unanimous consent that at 5 o'clock to-day the Honse take a recess vantage. The highwayman profits financially when he relieves the .· '· until 8 o'clock, the evening session to be for debate only Ut>On the honest traveler of his pocket-book and appropriates the contents; pending bill. Is there objection? The Chair hears none. but when it comes to citizens ofa common country plundering each Mr. BROSIUS. I now yield fifteen minutes to the gentleman from other I can not see where it is in any degree defensible; and when it is demonstrated that high-handed pluutler has been going on here Iowa [lir. HENDERSON]. between our own citfaens for years past, it is no wonder that we find Mr. MASO~. Before the gentleman from Iowa proceeds I desire ourselves flooded with petitions asking for redress and demanding the Chair to answer a parliamentary inquiry. I wish to offer amend protection. I am against the highwaymen in any form. ments to this bill, and are we to understand now that the offering of My friend from Illinois (Mr. MASON), whose gifted powers of amendments and the discussion for and against those amendments will speech I never appreciated more than I have done this afternoon, come out of the time allowed to the opponents of the bill? when he would actually tear the clouds from the heavens and make The SPEAKER. Discussion of the amendments is a part of the dis sunshine when. it does not exist, becomes pathetic in his denuncia I I • cussion of the bill. tion of food adulteration. I wish that those for whom he appeals Mr. l\1ASON. I am perfectly willing that the time occupied by the felt as he does upon the question. I wish that they acted on that opponents of the bill in discussing these amendments should come out line of thought. But they do not; they have not done so. of the time in opposition to the bill; but the time occupied by mem The gentleman tells us that they have abandoned their false brands bers in opposing the amendments should not come out of the time al and now sell these commodities under their true colors. When did lowed to the opponents of the bill. they experience this wonderful change of heart Y Not, lli. Speaker, The SPEAKER. According to the custom of the House, the time until the American Congress had the whole gan(J' of them by the woilld be equally distributed-- throat, choking them until they were turning black in the faces and Mr. MASON. Very well; that is all right-- until the Illinois legislature had the paddle raised to pummel them The SPEAKER. Or rather the distribution of time might have some in the re~r did they experience this conversion. reference to the number of persons wanting to speak-the amount of Mr. GEST. That is so. opposition. The G"hair supposes that the object of the distribution of Mr. HENDERSON, of Iowa. That is the truth of it. But for the time in an assembly like this is that, so far as possible, all views may movement demanding the putting down of this highway robbery, be represented in the discussion. for I will call it nothing else, these new brands, wonderfully new, ~1r. :MA.SO~. Thus far, Mr. Speaker, I have bad no chance to have would not to-day have been exhibited in their perfection and beauty one of my amendments voted on. Now, I ask, when will the time by the gifted gentleman from lliinois. But the farmers of this come when I can present an amendment? country, the consumers of this country, and their Represe11tatives The SPEAKER. The gentleman from Pennsylvania [l\fr. BRosrns] on this floor do not intend, l\Ir. Speaker, to be deceived or driven had one hour, which he employed in favor of the bill; the gentleman from this present line of action by this exhibition of the brands that these parties are now using. We intend that they shall continuet;.\ ,..... from North Carolina [Mr. McCLAl\fiIY] had an hour, which was occu use them, and that no masked highwaymen shall again take the pied against the bill. At the end of that time, the gentleman from Illi road of commerce to plunder the people who wish to use pure lard nois [.Mr. MA so~] suggested that he would like to offer some amend or the farmers who produce it. ments; and the Chair, in ordel' to facilitate the proceeding, suggested But my friend from Illinois pleads for the laboring men, and puts that the amendments already oftered should be voted on. After that, them eloquently in antithesis to the farmers. That was entirely un the other side claimed the floor, on the ground that they were entitled necessary. It occurred to me as he drew that beautiful picture of to their second hour; the Chair accorded that to them; and after'that the laboring man and how he was suffering, if he referred to the he Chair will recognize the gentleman from North Carolina [Mr. Mc Armours and the Fairbanks and other men of that class engaged in CLAMl\IY] who, by consent of the House, is entitled to control the de this business who have in years past amassed millions upon millions bate on that side of the question. at the expense of the people and the laboring people of the country, Mr. HERBERT. Will the gentleman from Illinois [Mr. MASON] bow they would chuckle over that description of them as laboring allow me a suggestion? men. If he did not mean them but had reference to the toilers in Mr. MASON. Yes, sir. Chicago, in Dubuque, and in other cities, then I say to my friend from Mr. HERBERT. The parliatnentary difficulties in which we are Illinois, reserve yoar tears and your eloquent and pathetic appeals, .·. '• . .- I ' :... -· , ; ... - ' \ I ' ·' 8964 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, for they are out of lllace in defending men wno have been charginJ,t snu~ it out, and ne~ther can you arraign the laborers fa the shops your laborers and mine from 3 to 4! cents per pound more than the agamst the farmer Ill the field. They both want fair play and just vHe cow pound offered for sale was worth. Are these the men or the treatment, and they intend to have it. privileges that my gifted friend defends here f · My friend from Illinois rMr. MASON) says that the cotton-seed-oil Ent he says this legislation is not demanded by the fa1·mers of the C?mponnd lard is the food of the poor man. If the poor men of my country; that they want the pure-food bill. !don't knowhow it is mty want to buy that lard who objects. I do not, bat I want them with the other Representatives of the people, but I have had peti to know what they are buying, and so do they. [Applause.] tions from over fifty Alliances from the Third district of Iowa, from [Here the hammer fell.] which I come, and in every instance, I believe, they named in con- nection with the words ''pure-food bill'' the Conger bill, and they INCORPORATED DATA ltEFEllRED TO BY MR. IIE?\"DERSOX n· Iilll mm.ARK. know what it means. They are not asking to load us up with all of Some of the articles used in the so-called ''pure refined family the evils that confront us, and there are plenty; but here is a high- lard," as proved before a committee of Congress: \vayman, armed and equipped with deadly weapons from top to toe, Co~on:seed oiJ, sesame oil, vegeta.hle oils, mineral oils, starch, and they want us to throttle him. We will take care of the other causnc lime, alum, carbonato of potash, salt, potatoes potsto flour villainM as we proceed. chalk, plaster-0f pn.lis, baryta. ' ' This is the bill that my farmer constituents have petitioned for, 'Yat.er is used as high as35 per cent. in the adulterated compound, ·.. and the petitions themselves will verify the statemont. And that is while m pure leaf lard there is but three-tenths of 1 per cent. not all. Mr. August Post, secretary of the Farmers' Alliance of my l\fr. :Fairbank admits that he uses from 50 to 60 per cent. of cotton State, ancl secretary also of theNa.tional Allianceof the United States, seed oil and only 20 per cent. of lal'd, and complacently told the was here but a few days ago in the interest of this legislation, and committee that he knew better wh11t tho consumers want than they he told me with -his own lips that it wa~ this Conger bill that the do themselves. farmers he represented were for and wanted. Don't let my eloquent It was also shown in evidence before the committee, as proof of friend from Illinois throw dust in the eyes of any Representative.• the use .of false mixtures, that in 1886 Chicago shlpped "lard" (so This bill now before us is what is petitioned for, is what is demanded ·called) m excess of receipts 267,500,000 pounds. by the farmers, and is what is needed by the country. Amount of bogus lard mado in United States, 320,000,000 pounds But, Mr. Speaker, how quickly the time flies. I wanted to touch annually. upon the frauds upon the "brands," to describe the articles that Mr. BROSIUS. I yield ten minutes to tho gentleman from Ten- euter into t:Uis articlo; but I see that I will have no time to enter nessee [Mr. Hourr]. int<> these details. I will take the liberty of incorporating into my Mr. HOUK. Mr. Speaker, I never dreamed that I would live to see remarks something on this subject, but I want to refer here to the the day when so much eloquence could be evolved from the hog and brands. cotton-seed oil. I shall "\'ote for this bill somewhat on the principle of- Now, all that we want is fair play. I do not care who meets me I do not like thee Dr Fell for a business duel or a friendly att:wk or an intellectual battle; I The reason why i ca~ not tell. want him to come in his own face and form, and I will measure Th s th" · 't h" h I d t lik swords with him as best I mav with what poor powers nature bas . ere are ome .' mgs m I w ic o. no c very. much, and given me. • which I shall mention. I re~er to. the machin.ery of t!:1e bill. I very My farmers do not ask to injure the cotton-seed interests of the muc~ regret to cast any vote lll thi~ Honse which contmnes to enlarge ... South. They welcome the prosperity of the South. They hear with an~ fasten upon the country the mternal-revenue system that now joy the announcement made lJefore the Committee on Agriculture by exISts. ~ · . . . . the gentleman from .AJabama [General WHEELF.R] that twenty-eight ~he ~ecess1bes for revenue with which to :pay .pensions .and other millions annually come into the pockets of the Southeru_farmers from obligations ot the Governme~t see~ to reqmre it;s retention for the the demand for cotton-seed oil; but when he said that tha~ demand present. I prefer to bear the ills of Its temporary existence rather than was created by the lard-makers, the farmers open their ears and are fly to others of a more ap:gravated charact~r. However, the system startled. Twenty-eight million doll:us of cotton-seed oil O'Oin(J' into bas ceased to bear so heavlly on the people smce they have become ac tbe lard of the North, and that, too, under false colo1·s, co;ceal~ by customed to. its ma;nner of execnti.on. I had hoped when this Con false bPands. gress came mto bemg that before it should have concluded its labors Professor Wiley, the chemist of the Agricultural Department, says the entire machinery of the internal-revenue system, top;ether with its that of twelve different packages, which came I believe from AI- seemingly inconsistent laws, would be wiped from the statute-books of mour or Fairbank, l forget which, eight of them were branded this country; butasitnowappears, forthereasonswhichlhavtistated ''Prime refined famiJy lard." Wha.t delicious adjectives they get there is no po~ibility but that this policy must be maintained at least bold of! "Prime," ''refined;" and in order to touch the hearts of for some years to come, therefore I waive the objection which I have the p~ople t,bey cal~ it "family" la.rd. One of them was branded stated, and shall support this bill, notwithstanding I would prefer to ''Cho1ce_refined family fa.rd." It makes your m'!uth water almost see its provisions involving the main purpose carried out through some to read it. One was called ''Pure refined family lard,'' another other policy or process of machinery. "Pr~Ife refined leaf lard," and one of them was labeled "Compound It has been sugj!ested, in fact stated, on the floor of the House that lar~. . . . . this was somewhat of a fight between the negro and the hog, because, No,,., Mr. Speaker and fe}low _Representat1ves,1t is _th~s mask that as is claimed, the interest of the negro in the cotton-growing portions wo obJect to. ~ut your tuo on its o:vn b.o~tom, and if It can cross of the South is to raise the value ofcotton-seed oil as against the nat the sea well be it for you, and we will ~eJoice; but do not come and ural lard of the hog, and I have been privately upbraided for takin turn ~ur tub over when _we are paddlmg n!ong the best we can. sides with the hog, that is, pure lard of the hog, against the colored man~ That. is what '!e demand, only that and nothmg more. !Jere .we a~e The explanation has been that about all the colored ma.n had down told m t~e. ev1d~nce that of t~e 50,00~,000 of ?ogs raised m this South was his cotton-seed. that his empl h · 1 dl d all country it 1s estimated that their value IS deprecia.ted 80 cent.a a hog. h. oyer or 18 an. or usu Y Some put it as high as $1, some as low a.a 40 cents. . had~ mortgage on e"!e1yt mg else that he had except hIB .cotton-seed, I have the testimony here of William Ryan & Sons, of my own and if. we en~cted_this law we ?woul~ d~stroy th~ last vestige .that was city and State, pork-packers, and most honorable and well informed left hi~. Now, 15 th.a~ true: If it IS, Go? pity your policy down men. l\Iy friend from Illinois [Mr. MASON] says it is only a fight South m the cot~n-raIBmgregions,. If that IS true, then~ suspect the between the pure-lard men, tho leaf-lard men, and the compound- mome~t you legIBlate cotton-seed mto a valuable co~moditythe Iand Jard makers. That may be so from his stand-point, but I do not lord will place a mo~tgage on that, and the negro will not have even .know anything but the farmers and consumers in thiB contest and cotton-seed to call ]us own. they hold the whip that will lash me to duty if I am derelict 'in it, . Mr. ~TOCKDALE. . J?o you mean to say that what you have stated and they are not compound-lard makers. Here is what Messrs. Ryan IS true m the cotton-raismg States? & Sons say: :Mr. H dwelt upon it was exaggerated to unreasonable proportions. I want to the secretary of an Alliance in the district which I have the honor to sug~est to some of my friends on the Democratic side that the ser to represent. It is as follows and speaks for itself: mons which they preached during the discussion of the tariff bill have KNOXVILLE. TENN., August 4, 1890. caused such a state of things in some instances and in some localities W. A. 8Dll'SON, Esq.: that the places that know some of them now will soon know them no MT VEAR Sm: Yom note and circular letter containing certain resolutions I I of the Farmers' Alliance of Loudon County, though bearing date some time more forever-certainly not in the aext Congress. The cry of mort ago, only reached me yesterday, having been forwarded from 'Washington. gage, of poverty, of distress by onr Democratic friends throughout that My reply at present must be informal and somewhat general, partaking very discussion has had very much to do with the exaggerated condition of much of a. personal letter too. personal and political friend. This is the case for the i·eason that I have been nominated by the Republican party as its can the farming interests of this country. You Democrats agitated, didate in the Second district of Tennessee for the Fifty-second Congress. The agitated, you exaggerated, and the farmers have taken you at your Farme1·s' Alliance was no doubt orl'lanized and bas for its objective purpose word. You sowed the wind and the country is nowreaping thewhirl lhe betterment of the agricultural mdustries of this country, and, if kept in the sphere originally intended, there can be no ~uestion of its possibilities for wind. good to that noble clo.s.s on whose wisdom, intelligence, and industry rests the The exciting and delusive subtreasury scheme of foJly and deceit prosperity of every one of the diversified business interests of the whole peo ple everywhere in this broad land. wa.'i introduced in the United States Senate by a seemingly solemn and Agricullure is the basis of f!Very other industry, but is nevertheless interde Redate Democratic Senator, who, after he bad set the leaven to work, pendent on the other industrial developments which have made this the richest rushed forward to try and stop its fermentation. and most prosperous nalion on the face of the earth. What would become of agriculture if we had no manufactures, no miningdevelopments, no railroads, Ent I am for the bog, and we have a variety of them in my part of no steam-hoats, no ships or ship-building, no traffick:ers, no mercantile establish .·, the country. I always have a fellow feeling for the hog, even when I ments, no one engaged in any of the innumerable channels of trade and com see bim in bad associations. We have the Woburn bog, the Berkshire, merce? Need I pause to draw a picture of the stagnation, yea, the revolution, \. in the march of progTCSS which such a state of things would certainly precip the Poland-China, the Red Jersey, the Mountain Ranger, the Guinea itate? I am one of those who believe that every class of labor, every trade, and pig, the Razor-Back, and the wild hog. This last class, I presume, every avocation now existing or likely to be evolved from our untold and illim sprang from the herd part of w hicb ran down a steep place into the sea itable resources should have absolut.ely equal opportunities under fair and im- partial laws. · and were choked. The laws should apply alike to the owner of the soil and the hired man who Mr. STOCKDAI~E . They were drowned; not choked. may plow in his field. The laborer in the mine and workshop should have tho i\Ir. HOUK. They were not droWl.led; they were choked. equal protection of the law with the members of the company which gives him employment. And so of all the multitude~ of vocations and business pursuits !IIr. MORSI;;. They were not electrocuted, then? which ma.ke up the life-work of the American people. Believing as I do that -- :Mr. HOUK. No, sir; that highly civilized method had not then the Republican party has demonstrated, through a long course of administra Lion of the National Government, that it rules in the interest of the people, I been invent~d. But to the question of the real troubles of the farmers. haYe given it my unqualified allegiance and point to its platforms and the ful· I have Yery great sympathy with the farming class of this country. fillment of its pledges by wise and judicious legislation as the guide-board for I have engaged in e\ery character of labor almost known to mankind. my political action. While I haye great respect for the farmers who compose the membership of the Alliance, and have no objection to or war to make on I have hoed corn; I have plowed in the field; I have lived among that organization so long as it a.dheres to what I under!ltand t-0 be its original farmers; I was pn.rtly raised on a farm, and have been somewhat fa design, to wit, the promotion of agriculture, I can not nevertheless make any miliarwith the farming interests all my life; and in my deliberate judg pledges inconsistent with the principles of the Republican party. In my deliberate judgment the settlement of the silver question by the Re ment, while we may pass this hill and the several bills which have publican party, over the bitter and persistent opposition of the Democratic al ready been passed and will be passed in their interest, not a single one party, will result in remedying most, if not all, of the evils to avert which the .. of them will accomplish that for the farming elements of this country Farmers' Al.J.i.ance sprang into existence. The recent silver bill passed by the Republicans stands out as the one and the only piece of legislation in all his which the legislation of the Repnblican party in other branches and tory whereby the people of any country were to be supplied month by month on other measures will accomplish if you will give it a little time in with a currency equal to gold in constantly increasing quantities.commensurate -. which to work out its results. with the demands of trade and needs of the people, and pl"Oviding to force jnto circulation every dollar of siker produced in the inexhaustible mines of the Already the sil \Cr bill is enhancing prices both of silver bullion and United States. all other products of the earth. 'l'he Treasury notes with which the The wise and equitable legislation of the Republican J?llrty in building up and bullion is purchased, a legal tender for all debts, public and private, establishing the policy of a.protective tariff and the revl!lion of our ta.riff laws and reduct.ion of revenue now in process of accomplishment on the lines of the and the gold and silver which it is provided shall be coined with which l\IcKinley bill will supplement, strengthen, and enlarge the beneficial results to re • I .- . \ ...... ~ :. A ...... : ·1 \ ' 8966 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, • I maladministration has wrought ruin and brought distress. Give to Tennessee The SPEAKER pro tempore. If there be no objection, this amend Republican rule to co-operate in harmony with the national Administration in applying Republican principles and policies to the varied business interei•ts and ment will be considered as pending. industries of the people, 11.nd thereby will be found a remedy for whatever evils Mr. HILL. Do I understand that that will come up this afternoon exist and retard our material prosperity. Now, my dear sir, this is not intended to be voted upon? ns a spec~fic response to the resolutions inclosed with your note, because, hav ing been nominated and thereby made a partisan Republican candidate, it be l\Ir. MASON. I ask unanimous consent that it be regarded as pend comes my duty to discuss a.II public questions in\·olved in the contest and im ing. plied in my acceptance of a Republican nomination. The SPEAKER JJro tem.pore. The amendment is pending and can be It is my purpose, when the campaign shall have opened, to publicly discuss from the11tump and otherwise all the vital and living issues in controversy be voted upon whenever the House so decides. fore the people. However, I wish to congratulate you and the Farmers' Alli Mr. CONGER. I suppose that if anybody gets the floor and moves ance of Loudon County on the general conservative tone pen·adingyour resolu "':: • I the previous question it can be voted upon this afternoon? tions, a majority of which, a~ least, I ha>e advocated ever since I have been in political life. Yonr alliance is to be commended for not insisting on the ex The SPEAKER pro tempore. It can be voted upon at any time the treme and impracticable measures in its resolutions, as bas been the case in some House may order. distant localities. Mr. MASON. I asked unanimous consent that it be considered as 'Vhenever the farmers' interests have been involved in any measure pending before Uongress since I have bad the honor of being a member I have invariably pending, not to be voted upon this afternoon. cast my vote in the way that my judgment taught me was the best calculated A MEMBER. I object to that. to promote his interests, nod if re-elected I shall continue to labor and >ote in The SPEAKER pro te?npore. Objection is made to the request oi the the same way. I am ready to answer for any vot~ which I have given on any measure and give the reason for my action. , gentleman from Illinois. The gentleman from Texas [Mr. STEW.A.RT] I believe, howe>er, that the interest of no one class can be separated from and has the floor. be made independent of all others; nor do I believe that the Farmers' Alliance Mr. BLOUNT. Mr. Speaker, I should like to know whether the 'Would attempt to e.xpect a. policy detrimental to the general interests of the mass of the people, composed of all classes of the diversified business of the amendment is pending or not. country. The SPEAKER pro tempore. It is pending, to be voted upon when ever the House shall so order. A few days ago I received a. letter from a prominent member of the Mr. STEWART, of Texas. This bill may properly be called the Farmers' Alliance whom I personally know to be a man of sense and ":E'irst fruits of a great error," for it is certainly a sequence of that character while what he writes shows him to be possessed of a spirit anomaly in Congressional legislation known as the ''oleomargarine bill,'' of fairness and to be guided by a genuine patriotism. I fasert it here of which it may be said no more outrageous perversion of the taxing show the sentiments of the representative members of the Farmers' w power of this Government has ever been perpetrated by Congress. This Alliance in loyal and patriotic East Tennessee. It is as follows: bill, however, is far worse than the precedent which has been established TWINVILLE, TENN., August 16, 1890. for its authority. The oleomargarine bill doubtless gave protection DEAR Sm: I have just read your letter to l\Ir. Simpson, of Loudon County, to the farmers to some extent, for butter is almost exclusively made pertaining to matters connected with the Farmers' Alliance. - Of course I can only guess at the contents of l\Ir. Simpson's letter, but if he upon farms, but this bill will give no protection to the farmers, and supposes that members of the Farmers and Laborers' Union are under any ob will only inure to the benefit of those engaged in the manufacture of ligations to any church or political party he is woefully behind. hog's lard. I am a charter member of one of the oldest unions in Anderson County, and challenge any man or set of men for the merest speck of proof that a Repub If I had previously entertained any doubt about this bill not being ,, lican is under any obligations, for instance, to support Mr. Buchanan for gov in the interest of the farmer, but solely in the interest of the manu ernor. facturers of lard, that doubt would have been removed by the discus On the same principle no Democrat will be e.xpected to oppose Mr. B. There is no politics in the order and we all understand it. I think I voice the sion and vote upon the amendment offered by the gentleman from ' sentiments of the Republicans who belong to the union when I say they will Arkansas [Mr. McRAE]. It is not in the interest of the farmer, but . all, with hardly any exception, vote the straight Republican ticket in Novem is in the interest of pork-packers and manufacturers of lard. ber. When the time comes that I am expected to vote the Democratic ticket because I am a member of the order I shall sever my connection with it, which And again it was charged, and perhaps with truth, that oleomar lean Llonorably do. garine contained ingredients which were unclean and injurious to I am aware of the fact that certain Democrats who live in this Congressional health; but "compound lard," I understand, is composedofpurelard, district and who never felt the pleasing effects of a. victory in their lives are ftat tering themselves with the vain hope that they can use the Farmers and Labor beef-fat, and cotton-seed oil, and no one claims that either of those .- ers' Union to mar the handsome, rotund majority which the Republicans of this articles is unclean or deleterious to health. But if "compound lard" district always manage to secure and which brought so many pangs of distress was injurious to health or unfit to be used for food, the remedy should to the Democratic heart. Success to the Farmers and Laborers' Union while it keeps aloof from poli be found in the police powers of the States, and not in Congress. tics, and may God destroy it when it seeks to further the interests of the Dem· The friends of this measure know this to be true, and in order, if ocrs.ticparty ! Always an unflinching Republican. possible, to confer upon Congress jurisdiction they have made it a reve This letter~ and others like it which I am receiving daily, shows the nue measure, a matter of additional taxation upon the people. They conservative and patriotic sentiments ofthe leading Alliance and farm claim that the mingling of cotton-seed oil and beef-fat with lard is a ing elements of my secj;ion of the country, and as long as that organ great fraud, and that the taxing power of this great Government should ·. ization operates on these lines it is capable of great good. be invoked to prevent and suppress it. The SPEAKER pro tempore (Mr. MAsoY). The time of the gentle In every debate upon the tariff that bas been had in tbia House for man has expired. many years pa.st, some one bas adverted to what the great jurist, John Mr. BROSIUS. I ask unanimous consent that all gentlemen who Marshall, said about the taxing power-how it may be so used as to have.spoken or who may speak upon the bill have permission to extend destroy the rights of property and to roh persons of the fruits of their their remarks in the RECORD, labor-but I venture to say that John Marshall, with all his well Mr. BUCHANAN, of New Jersey. I hope that this request will be grounded fears of the abuse of that power, never once conceived that extended so that gentlemen who may not have the op!>ortunity to ad it could be used for the purpose of preventing or suppressing a fraud. dress the House may have permission to print remarks in the RECORD. That discovery was made by that distinguished body of constitutional Mr. BROSIUS. I will be glad to modify the request to that extent. expounders, the Committ-ee on Agriculture. This bill not only pro The SPEAKER pro tempore. The gentleman from Pennsylvania poses to levy a tax, but a protective tax. asks unanimous consent that all gentlemen desiring to print remarks Mr. FUNSTON. Will the gentleman yield for a question? in the RECORD upon the pending bill may ha>e permission to do so. Mr. STEWART, of Texas. No, I can not yield now. The gentle Is there o~jection? The Chair hears none. man must excuse me. I have but a few minutes aUowed me, and I / Mr. KERR, of Iowa. I rose to object, and I do object unless the have not the time to spare. I say it is a protective tax, and what does remarks be printed shortly. I do not think that they should be al it protect? It is a tax npon one American industry for the protection lowed to come in four or five months after the debate, as I have seen of another American industry, and, worse than all, it propo es to levy in some instances. a tax for the protection of an industry of onf\ section of this Union to Mr. BRO::)IUS. I will ruodify the request so that they shall be the prejudice and detriment of an industry of another section of the printed within five days after the close of debate. I now yield ten Union. minutes to the gentleman from Illinois [Mr. FomIAN]. The report of the Committee on Agriculture which accompanies this bill boldly asserts that the tax imposed may be used for the benefit of (Afr. FORM.AN addressed the House. See Appendix.] one industry to the damage of another. I read from the report as follows: •' Mr. McCLAMMY. I now yield twenty-five minutes to the gentle It was also insisted before your committee that reveuue is not now needed man from Tera.s (Mr. STEWART]. and the passage of the bill can be justified on no other ground. It i!! believed that the revenue derived from such a law can be prnfitably used. If we h11.ve Mr. MASON. Will the gentleman yield to me to offer an amend an excess we can relieve some honest trade and lay under C'lntributon those ment to be voted upon some time to-morrow, with the understanding who need re traint and regulation. Congress, in selecting subjects of taxation, that we sha.11 not vote upon any of the amendments this afternoon? will, if practicable, secure incidental benefits in connection with rev1mue. We are not required by any constitutional mandate to lay our revenue duties so that :Mr. STEWART, of Texas. I understand that the gentleman simply no benefit to the public will accompany the collector on his rounds; that it wishes to offer an amendment so that it will be pending, and I yield b1·ings a double blessing is greatly in its favor, and yourcommHtee believe it to to him for that purpose only. be a wise policy to collect revenue where regulation is needed for the public The SPEAKER pro tempore. The Clerk will report the amendment. protection. The Clerk read as follows: " This is candid to say the least; but whoever dreamed that such · a '• Amend section 7, line 3, by striki14r out the following words: "Not before system of taxation should be devised and carried into effect by Con· used for the purpose." gress? Where it will lead no man can foretell. ..-: . ·- . , I ... ..I .. - I .. ",·· i· ,.r j J. .. -... - " ~- 1890. CONGRESSIONAL RECORD-'HOUSE. 8967 -. For the imposition of this tax the well worn and thread-bare excuse many of whom have been beguiled into signingtbem because of their given by protectionists will not avail, for it can not be said that it is for seductive title, which reads: ''Petition in favor of pure lard." the ''protection of American labor against the pauper labor of Europe.'' The farmer naturally favors pure lard as he favors all pure tood Such is not the case. products. Farmers live by honest industry. They are honest people It can only he for the protection of invested capital in one section and believe in pure food, and in signing these petitions they doubtless " against invested capital in another section, for the protection of the thoughtthey were advocating pure food. They acted honestly, but they labor of one section, and discriminates against the labor of another sec little.knew, at least in my section of the country, that the greatest in tion. Howanvone on this sideoftheHon~ewhomaintainsthattaxation jury inflicted upon the farmer comes from the :pork-packers and lard should be levied for revenue only can vote for a bill of this kind and manufacturers of this country. Jnaintain bis Democratic record is a mystery perfectly incomprehensi I quote again from the report of the gentleman from Kentucky [Mr. ble to me. [Applause on the Democratic side.] WILSo:Y], a member on the other side of this House. He says: I do not know bow much revenue this bill, if it becomes a law, will In our opinion the greatest injury to the farmer and his bog cro1> comes from yield. From the last annual report of the Commissioner of Internal the unscrupulous methods of the pa-0king-houses and stock-yard buyers, meth Revenue I find that the oleomargarine tax in one year brought into the ods which the honest farmer would not employ and could not if he wonld. A considerable proportion of the lard consumed in this country is purchased di •, vaults of the Treasury $894. 247. 92, nearly one million of dollars, and rect from the farmers and from the small butchers. Such lat:d is, as a rule, not a dime of which was paid by the manufacturers or vendors of oleo pure, sweet, and clean, prepared only from suitable parts of the animal, and margarine, but every cent of which was paid by the consumers, by those rendered in an open kettle. But when the farmer offers it for sale he is met at once by the competition of the prime st~am lard, made by the packing-houses whose throats were greased by the compound. Lard is an article of in large tanks under high steam pressure, in which practically the whole hog far greater necessity than butter or oleomargarine. It is more largely is stewed up. This method of manufacture injures the farmer in at least three used and will produce a much greater revenue, and it is sad to think ways: I. It competes with and limits the sale and depress~s the price of his home that the greater portion of the tax provided for by this bill will be ground made lard. out of the poor-those least able to pay it. Instead of doing them good, 2. It degrades the standard of American lard, to the injury of our foreign the supporters of this bill propose to tax the bread in their months, to commerce. 3. It transforms into so-called "lard" those portions of the animal which take from their earnings several millions of dollars to benefit a few ought to be thrown away or sent to the glue factory or soap factory or fertilizer wealthy manufacturers of lard. factory, or properly branded so as to enable the purchaser to know what kind . \ In the very able and exhaustive report made upon the pending bill of so-called lard he is purchasing. :. It is evident that if lard were made by the packers as it al ways used to be by Hon. JOHN H. WILSON, of Kentucky, it is shown that this measure made, and as it is now made by the farmers, more hogs would be required to did not originate with the farmers. He says: supply the present demand for la.rd, and the price of hogs would be hi'1;her. Who first proposed any legislation in Congress upon t1ie subject of lard? The earliest known bill wa! presented by Hon. Mr. DAWES, in the United States I can add nothing to what the gentleman from Kentucky has said in Senate, December 19, 1887, Fiftieth Congress, first session (S. 650), by request of his report. His statemeuts are true. This bill is not intended for the .lobn I'. Squire, a pork-packer in Bo3ton. (See page '9 of the hearings of the protection of the farmer, but for the protection of those who are en Fifty-first Congress.) 1.'he proceedings before the committees of both Houses show that the prominent advocates of lard legislation appearing before said gaged in lthe manufacture of what is called "prime steam lard," the committee as promoters thereof were as follows: most villainous stuff that ever entered the stomach of a civilized human Page 47, Mich. Ryan, pork-packer, Cincinnati. being. I never knew until I investigated this bill how the article Page 61, Joel A. Sperry, pork-packer, New HaV"en, Conn. Pages 68 and 266, John Whittaker, pork-packer, 8t. Louis, Mo. known to commerce as lard was made. I had supposed that it was clean, Page 101, E. A. Bartm1m, pork-packer, Bridgeport, Conn. but now my stomach sickens at the sight of any article of food which Page 230, William S. Harvey, pork-packer, Kansas City, Mo., and Philadel- I may suspect contains or bas been about lard. In Bulletin 13 of the phia., Pa. • Page 102, U.S. Epperson, pork-packer, Kansas City, Mo. United States Department of Agriculture, division of chemistry, part Page 246, 0. W. Thomas, pork-packer, Louisville, Ky. 4, page 406, we are told how the toothsome delicacy lard is made. It Page 265, M.r. Morrison, pork-packer, Cincinnati, Ohio. says: Page 2'17, W.W. Kimball, pork·pncker, Boston, Mass. .... , Page 258, C. G. Cryer. pork-packer, Baltimore, Md. .Prime steam, Zard.-The prime steam lard of commerce is made as follows: Pages 119 and Z17, W. L. Hill, pork-packer, Boston, l\Iass. The whole head of the hog, after the removal of the jowl, is used for rendering. Page 330, John C. Hately, pork-packer, Chicago. The heads are placed in the bottom of the rendering tank. The fat is pulled oft Page 348, William Kirkwood, pork-packer, Chicago. of the small intestines and also placed in the tank. Any fat that may be at Among the prominent petitions, letters, resolutions, statements, etc., favoring tached to the heart of the animalis also used. The ba.ckfat and trimmings are the bill we also note: also used. Page 8, Cincinnati Board of Trade. This lard is passed solely on inspection, the inspect-Or having no authority to Page 8, Chicago Board of Trade. supervise rendering establishments in order to secure a prooer control of the .. Page 15, Francis Whittaker & Sons, pork-packers, St. Louis, Mo. kettles. According to the printed regulations any part of the hog containing Page ill, St. Louis Live-Stock Exchange, East St. Louis, Ill. fat can be legally used. Page 107,Louisville Board of Trade. Since much uncertainty exists in regard to the disposition which is made of Same page, Boston Chamber of Commerce. the guts of the hog, I have bad the subject carefully investigated. Following ·. Page 116, Plumb & Winton, pork-packers. Bridgeport, Conn. are the results of th-e study : Page 1(18, William Ryan & Sons, pork-packers, Dubuque, Iowa. Guts.-The definition of the term as used by hog-packers is: Everything in Also, John P. Squire & Co., Boston, Mass. side of a hog except the lungs and heart, or, in other words, the abdominal vis Des Moines (Iowa) Packing Company. cera complete. The material is handled as follows: International Pa.eking Company, New York City. When the hog is split open the viscera are separated by cutting out the por Chicago Live-Stock Exchanze. tion of flesh surrounding the anus and ta.king a strip containing the external Jnmes E. Booge & Sons, pork-packers. Sioux City, Iowa, etc. urino-generative organs. The whole viscera a.re thrown on a tl\ble and divided The foregoing seems to us to be as choice an assortment of pork-packers, as follows: The heart is thrown to one side and the fatty portion trimmed off combines, and stock-yards representatives as can be gathered in the length and for lard. The rest goes into the offal tank, or sausage. The lungs and liver go breadth of these United States. These are the men, we take it, who, when they into the offal tank, or sausage. The rectum and lar~e intestines are pulled can, squeeze the last cent of money out of the hog-raiser and the ho~-seller. from the intestinal fat and peritoneum, and, along with the adhering flesh and These are the men who through their "eveners" and adjusters at the stock genito-urinary organs, sent to the trimmer. All flesh and the above-mentioned yards and at the packing-houses "dock " the honest farmers most arbitrarily organs are trimmed off, and the intestine proper is used for sausage casings. on every drove of hogs they buy, and these are the men who appear before the The trimmings, including the genito-urinary organs, are w~hed and dumped Congress of the United States as manufacturers of "prime steam" lard, as ex into the rendering tank. plained in the foregoing pages, which they say the Government must not touch, The small intestines is also pulled from the fatty membrane surrounding it and as advocates for the enactment of this particular measure which they say and 11aved for sausage casings. The remaining material, consisting of the per is solely in the interest of the downtrodden farmers. itoneum, diaphragm, stomach and adhering membranes, to~ether with the in The object of this report is to state as distinctly and frankly as possible our testinal fat, constitute the "guts," which are seen undergomg the process of mistrust and suspicions concerning the ultimate results which may accrue if washing, which is usually conducted in three or four different tanks. As the this bill (H. R. 283) becomes a law. We a.re free to say that we hesitate to be "guts" pass into the tlrst tank the stomach andperitoneumaresplitopen,and lieve a bill which will benefit the a.,,.<>Ticultural interests of the United States, the also any portion of the intestines which sometimes adhere to the peritoneum. farmer, and the ho~-raiser can emanate from such a source. If there is any After receiving a rough wash they are passed from ta.nk to tank, when, after possible chance of any le.rd legislation of this kind adding 32 cents to the value of the third or fourth wash, they are ready for the rendering tank. The omen tum every hog in the United States, we are satisfied in our own mind that that 32 fat is cut from the kidneys, and the kidneys, with a little adhering fat, go into cents will accrue to these gentlemen of the slaughter-houses and of the stock the rendering tank. Spleen and pancreas go into the rendering tanks, as do yards, and not one cent of it will ever reach the farmer, in whose interests it; is also the trachea, vocal chords, and <:esophagus. claimed this bill is proposed. is disin I know it is said that the farmers are clamoring for the passage of This statement made by a Government officer, one who is this bill. How clamoring? By means of petitions gotten up by the terested and who bad investigated the subject in the discharge of offi cial duty, and for no other purpose than to ascertain the truth. It is pork-pack~rs and manufacturers of prime steam lard, with printed cap not such testimony as the chairman of the Committee of Agriculture tions. Here is one of them, which I will insert in the RECORD: on yesterday branded as false. Petition in fa¥or of pure lard. Mr. l\IORGAN. Which 1\Ir. Bartel stated in his testimony and for To the ..1bnerican Congress: which he was so bitterly denounced on the floor of this House during ~he undersigned citizens of --, in --county (--Congressional dis trict), in the State of--, would respectfully-urge the earliest possible adop this debate. tion of the bill to prevent lard adulte1·ation reported favorably from the Com Mr. STEWART, of Texas. Yes, that is so, and he is confirmed and mittee on Agriculture of the Fifty-first Congress, and known as the Conger corroborated by the report from the Department of Agriculture. bill. Nor does this report from tbeDepartmentof AgriculturestandaloneJ.. These petitions, coming from different States and from all parts for it is abundantly sustained by other testimony, by the sworn state of the country, are precisely alike· and must have emanated from the ments of many witnesses as to the manner of making ''prime lard" same source. They were made to order, and doubtless at the instance and "prime steam lard," and their te&timony is enough to cause the of the manufacturers of lard, and were circulated among the farmers, banishment of lard from every kit.chen in the land. I would greatly ...... •.. f ;,- . . .- ~ . ' , .. - -· 8968 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, prefer "cotton-seetl oil" to prime lard or prime steam lard ·or any l~tter to carry a two hundred pound rider while the thoroughbred car other Jard e.xcept that made by a farmer. r1es but a feather-weight or no rider at all. Such unfairness would be Mr. CONG EH. But you want to brand it, do you not? hooted off of the race course. If there is one thing more shocking to The SPEAKER. The gentleman's time ha.s expired. . the average American than another it is partiality and unfairness. This bill is an utterly unfair discrimination. ' l\lr. UcCLAl\U1Y. I yield three minut~ longer to the gentleman \. ' >..... '·· from Texas. Every indnstry of the country is entitled to a fair chance in com Mr. STEWART, of Texas. With these authentic reports going out petiti'?n with all of its rivals. I voted and spoke against the bill to the world is it any wonder that France, notwithstanding the efforts imposrng a tax upon the manufacture of oleomargarine for the same of our minister, Mr. Reid, 'Should retuse to use the hog products of this reasons which impel me to oppose this. Itdidnothave theeffectof country? Is it any wonder that Bismarck recently, and the German increasing the price of dairy butter to the producers, as wns ex Government now, should object to the introduction of these products pected by its friends, and I am satisfied the result has clearly shown that. It has only had tho effect, with reference to the manufacturers into Germany? of oleomargarine, of crashing oat all of those who are not able to I repeat, what the farmer most needs is protection from the packing stand up under the tax, and has caused a great monopoly to be estab houses and the manufacturers of lard so called, and I feel that all the lished in the manufacture of this :nticle. people in this country need such protection. If it were indeed the Now, here is a. proposed repetition of the same or similar legisla object of this bill to protect pure lard from traud ulent compounds sold tion, the inevitable effect of which will be, if enacted into law, not as lard, why does it not contain some provision requiring such packing to totally destroy the manufacture of compound lard, but to crush house products as steam lard or prime steam lard to be marked and the smaller establishments now in the competition; and the whole branded, so as to inform the consumer of the nature of the article he business will be left in "the hands of one firm. In other words, you purchases? establish a monopoly which will increase the price of their compound I believe the UcCla.mmy bill does make such a provision, but this to cover tJie tax and increased expenses which this bill makes neces bill does not so provide; it only makes war upon cotton-seed oil-a far sary to the manufacture. cleaner and more wholesome article than the fat of any animal. All excessive taxation; all taxation which has for its object the Mr. Speaker, the cotton plant is the mo.st wonderful production in p~otecti~n o.f ~u industry.beyon~legitimate ~ompetition, finally cul the vegetable kingdom; it furnishes raiment for m:m and food for both mrnates m, if it does not immediately ei;tabbsh, a monopoly. This man and beast, and discoveries are being frequently made showing favoritism, this class legislation, is the cause from which the country that it bas some new Talue. But I haTe not time to speak of the is now suffering in m:tny respects, and it is the source from which uses to which it may be applied; but if its use can be made the cause emanates much of the j ast complaint that we hear from the farmers of taxation, and it be subjective to such burdens under the pretense of the country. • of preventing a fraud, the adulteration of food, it may be expected l\!r. IDLL. Is the gentleman aware of the fact that 90 per cent. of that the wool-growers of this country will eomplain of its mixture the compound lard manufactured is manufactured by two firms, Ar with wool. Those who wish to buy "all wool and a yard wide" 'vill mour & Co., and Fairbank & Co. seek protection by taxation against such a fraud. . Mr. OATES. I know there are not many. lean notcousont to be If this Government must by taxation protect the ·stomachs of the mterrupted, for the reason that I have not time. I like to be inter people, why not by the same means protect their backs? So after ~ll rupted when I have time. It is a courtesy I like to extend to gentle it may be that cotton will cease to be king and become the serf of the men. grunting hog and bleating sheep. [Applause.] There is no necessity Now, Mr. Speaker, the people of my State are principally an agri for this bill. It is not demanded by the farmers of this country, and cultural people. I believe some petitions in favor of this bill have been obtained from them, as they can be from any country, from any it is unjust in all its provisions and has not one single reedeming clause State, for any proposition however absurd. But, sir, these petitions in it. which seem tohavebeenprocured byl\fr. WedderburnoftheGran(J'e If not in violation of the letter of the Constitution, it is certainly ?rg~nization, in the main from tboaghtless persons or those who a~e violative of the spirit of the Constitution. The framers of our organiQ md1.ffere11t to results, I know do not represent the wishes of tbe sub law never once thought of conferring upon Congress the taxing power stantial citizens of Alabama, of either the white or the colored race. for any such purpose, and to pass this bill is simply to follow a bad I hold in my hand a. dispatch of recent date which speaks for the precedent for a bad purpose. I say that it is time to call a halt upon agricultural association of my State, which is composed of the most this character of legislation; that we should leave such matters to be intelligent, enterprising, and representative farmers. It rends a.s regulated by the police powers of the States. follows, viz : We ought to obey the Constitution. We ought to call a halt in this UNION SPRINGS, ALA. character of legislation, and return not only to the letter but to the Hon. W. C. OATES: pirit of our organic law. And I appeal t.o men who sit with me on We respectfully request that you will Lring every possible influence to bear to wards defeating the Conger bill, but request that you will not oppose Senator ., this side of the Chamber, the bed-rock of whose political faith is strict Paddock's pure-food bill. construction of the Constitution and adhesion to it under all circum I. F. CULVERl stances, to oppose this bill. In tal-iff discus.gions and in other contests Preaident Alabama State Agricultural Society. A .•T. WE.EMS, you 11ave often boasted of this faith. Adhere to it now; let not a mis Prerident Bullock County Farme1·s' Alliance. erable hog cause yon to depart from it. I can not understand the De mocracy of the man who supports this bill, and I fervently hope that I I previously received a similar protest from the convention of the may never understand such Democracy. [Applause.] Farmers' Alliance of the district I have the honor to represent. Mr. McCLA:MMY. I now yield to the gentleman from Alabama. I also have quite a number of petitions, as well as resolutions [Mr. OATES]. adopted at a meeting of colored citizens in the county of Dallas Mr. OATES. l\fr. Speaker, it is alleged t!iat the manufacture of which has perhaps the largest colored population of any county i~ compound lard is an evil of such stupendous magnitude and impor the Stat~ ~f Alabama, protesting against the passage of this bill. I tance as to invoke action by Congress and legislation to depress it, or at ha~e pet1t1ons here from that race, men who are >otcrs, in the coun least to putitunderthe control of the Internal Revenue Bureau of the ties of Limestone, Morgan, Lawrence, Colbert, Dallas, and Mont ·. Federal Government, and by this means practically to suppress it as a ~omery, numbering a ~reat many hundreds. In order to show the competitor of hog lard in the markets of this country. From what House that these petit10ns are not gotten up in the ordinary way ource emanates this complaint 'I Evidently from those who are in w~ find he~e a thing I :i;iever saw in a. petition before; attached t~ terested in producing hog lard. this batch 1s an affidavit made by t.he man who was most active in This compound has become a competitor in the markets of the world getting these up, to t0he effect that he either had the signers read it with the hog lard; and because of that competition the ho~-lard men or he carefully read the petition to them, and explained it before of the country seek the enactment of this legislation. It 1s claimed any of them signed it. This is duly sworn to and subscribed before a United States commissioner and has the seal of his office attached ·, that every article of commerce, every food product which is put upon the market, ought to be sold for just what it is, and no fraud per o that there is nothing bogus about these petitions. ' mitted to be perpetrated upon the public by selling adulterated com I desire to incorporate in my remarks the body of one of these peti pounds under the name of pure food products. I agree to that prop tions, which. will speak for itself in a most intelligible manner. It shows that these people understand their interests in opposin"" this osition. Is this bill the best method of preventing thatf Is it the 0 vnly method of dealing with it; to discriminate against the com bill: pound by putting a tax upon it! .To the honor®Ze Houst of Repreaentatiues, United State1 Oongrtaa, Washington, D. 0.: Let na examine this question. It it said by some that the ~ax is Your petitioners beg to show that they are colored citizens of the collnty o! small. That is true; but in the aggregate it is considerable. Is it --, Stat~ of .Alabama, enp;aged alm . '• I ' )- . 1890. CONGRESSIONAL RECORD-HOUSE. - '· 8969 will bear harshly upon them as producers, and they therefore most strenuously !Jon imf.osed for other than government.al purposes, whether through the tariff or and earnestly protest against the pending legislation proposing a tax on what is mterna -revei:iue sy~t~~~· as ~constltut!o?-al, nnne~es~ary, unjust, oppressive, known as "compound lard" and of which cotton-seed oil is largely a component and ~estructiv~ of mdividual nghts, legitimate busme s enterprises, and com va.rt. mercial prospenty. ., ,.~ Your petitione:-s are largely poor men, struggling with hardships and adverse This also, in the district so abiy represented by my friend [Mr. conditions ancl feel that they have a ri~ht to ask of an American Congress, legis lating for the1 whole people, that no legislation be enacted imposing an excise ta.x HATCH], adopted on June 17, 1 90. The fift.h clause reads as fol that will of necessity e>entually come out of their pockets, and which at the lows: same time tends, in a certain eense, to largely increase their expenses of 1i ving, Tb.at we demand that all taxation be confined to and kept within the legitimate by burdensome impositions levied on a sweet and wholesome substitute for bog reqmrements of the Government economically administt>red; aud we deuounce lard and hog products, of which they, as cotton-raisers, are much larger consum ~ny and all s.vstems tha.t _t.ake from !he labor of the country more revenue tllan ers than producers. is neces~ary fo~ th_e Jegit~ate req~rements as unjust, unequal, oppressive,, and Your petitioners further show that there is now before your honorable body a destructive of mdividual rights, basmess enterpris11s, and commercial prosperity. bill known as the '' Conger bill," which they most earnestly pray t-0 reject, ex:copt 8-0 far as it may prQvide for such regulations as will insure t-0 the consumer a Aud then, in 1888, a resolution adopted in the Eighth and Tenth pure and unadulterated article of food in general with all similar products. Congressional districts, reads as follows: And for this and 11uch other relief as your honorable body may be able to afford We declare our opposition to all attempts at taxation by the strong arm of the your petitioners will ever pray. Go•ei:nment, u_nder any pretext whatever, no matter whether through a system These poor colored laborers are quite right when they say that the of ~z:iE or the rnte!'Ilal revenue syst~m of taxation, which has for its obJect the cotton seed yields to them the greatest measure of clear profit. Iii buildn_:ig up of one ii:idustry by crnshmg out another; the robbing of one m order to enrich another-it being a. perversion of the Constitutionjof onr country in costs the greater part of the fiber at present prices to pay the ex which all citizens are plaeed on an equal footing. ' pense of its cultivation, gathering, and marketing, especially if the laborer has to rent the land on which it is produced. In the State platform of 1886 the following language appears: This bill proposes to tax compound lard, and cotton-seed oil being Mr. McCORMICK. What State T very largely used in its manufacture will be conespondingly taxed, Mr. OATES. The State of Missouri. and the compound, which is cleaner, more healthful, and less expen That tho authority to levy and collect taxes and duties on imports was intended -~ to ; es.t in the General Government tlte power of raking the money necessary to sive than hog lard, will thereby be made to cost the poor men who meet its el...-penses, and i8 by the 11xpress terms of the Constitution limited to the use it more than it costs them now. Rere is presented a test of tha purpose of paying the expenses and obli~tions of the Government. sincerity of the friendship of the Republican members of this House '1.'e ther~fore deprecate the prostitution of the taxing power under any pre who voted for the Lodge-Davenport election bill under the pretext t ext or gm.se whateYer to objects and purposes other than the purpose of raising .. rev_enue, or to the purpose of effecting indirectly legislation as to subjects over l that it was necessary to secure to the negro the right to vote and which Con~ess has Jio control, as such legielation tends ilrovitably to consolida have his vote counted. This bill affects his material interests. It is tion and a aestruction of the rese1·ved rijithts 1of the States, and that the building a meat-and-bread question with him, and of far greater importance to up of one industry by a taxation or at tbe expentie of another, is foreign to the him thau voting. Republican members will secure bis right to vote true aims of a free governm~ut, in which all the people, as t-0 their legal rights, stand the Republican ticket, but when his material interests are involved on an absolutely equal footing. · he appeals to them in vain for assistance. In a contest between the The SPEAKER pro tmnpore. The time of the gentleman has expired. negro and the hog they take the side of the hog with a few honora Mr. OATES. Will the gentleman from North Carolina yield me ble exceptions. about five minutest · Mr. CONGER. Does that petition say auything about any bill Mr. McCLA.l\fMY. I yield five minutes more to the gentleman except the lard bill T Does it include the Butterworth bill too f from Alabama. Mr. OATES. No; it does not. Mr. OATES. In the State platform adopted at St. Joseph, Mo., Mr. Speaker, they know full well that one of the most important on June 12, 1890, the following language is used: constituents of compound lard is cotton-seed" oil, and that when a The Democratic party of Missouri, in convention assembled, declares its re newed and unfaltering faith in the principles of the party as the only security of tax is imposed upon that product it necessarilly falls upon cotton republican government, the perpetuities of the liberties of the people, the suprem seed oil just to the extent that it goes into the compound. And it acy of the G~ne~al Government in. the exercise of a.ll the powers delegated t-0 it is nonsense to tell those people that a tax imposed upon cotton-seed by the Constttlltion, the reserved rights of each and every State in the Union, as oil adds to the price and puts money into their pockets. They do to all such powers not so delegated, or by the Federal Constita.tion prohibited to the States; opposition to olass legislation, monopolies and trusts· eqrutl and just not believe- it. I do not believe that the taxation of an article taxation of all classes, without favor or distinction, fort-he mere' support of the renders it more·valuable or cheaper to him who has to buy it or con Government, which should protect life, liberty, and property alike. On the main· sume it or use it. ten:mc~ of these just principles depend the perpetuity of our free and enlightened This food product has been proved by the very highest authority rep~bhcan form of government, and the general welfare and the happiness, pros· to be a most healthful and cleanly product. It is sold cheaper than per1ty, and freedom of the people. the pure lard, and the80 poor laboring men in Alabama and all over These are very sound Democratic principles, ancl, in my judgment, the South engaged in raising cotton desire the compound and wish they are not only applicable to the proposed legislation before the to get it as cheaply as they oan. They do not want it taxed and the House, but denounce it as wrong and undemocratic. Here is a prop tax a:dded to the price at which they ~o~ld otherwiso buy it, and osition, not for the purpose of raising revenue, yet it is an exercise that is the necessary result when the tax is imposed. It is all wrong of the taxing power. The taxing power is invoked for a purpose. wherever there is competition, for Congress to interpose in our do: What is that purpose f To raise revenue f Why, it was not designed mest.ic industries in favor of one and against the other. Now that the to raise revenue, but to protect hog lard against injurious competi precedent has been set in the case of oleomargarine, if this bill be tion, and to secure the· people against imposition in the sale of com passed there will not be two sessions of Congress before some other pound for hog lard. rival industries will appeal to Congress to take sides and enact a. 'I'be advocates of this undemocratic bill confess that Congress has similar law, and it will go on ad infinitum. It-is internal protection jurisdiction and power to pass it only because it comes under the tax or rather internal partiality, as between rival industries. ' ing power, which the Constitution confers on Congress. For what Here men are governed by their interests as elsewhere and we was that power conferred Y There can bo.. but one answer, and that is find member~ representing di~tricts where there are large products expressed with great force and perspicuity in the Democratic platft of bog lard m favor of the b1ll, and the consumers where it is not forms I have just read-to raise revenue necessary to the proper produce~, who desire the compound, which comes cheaper, opposed ad.ministration of t.he Government. The exercise of the taxing to the bill. power for any other purpose than the raising of necessary revenue And you will find this true in evory case where tbero is a conflict is therein denounced as a prostitution of the power. The Democracy between industries when Congress is called upon to act· and the of Missouri did itself the honor of proclaimin(}' a pre-eminentlv wise result wil~ ~epend enti~ely upon which ind_ustry_ has th~ greater and l?atrio~ic principle in the ~ollowing lang~age: "The building number of friends on this floor. The quest ion will not be decided up ~I one mdustry by a taxation, or at the expense of another, is upou principlen of justice and equity at all, but intorest. Interest foreign to th~ true aill!s of a free government, in which all the peo alone will de~_ ide it. This fact sh~uld make thoughtful members of ple, as to thetr legal rights, stand on an absolutely equal footina-."0 CongresH hesitate to enter upon this character of legislation. I, sir, favor equal rights to a:ll and special privileges to none. In my judgment, Mr. Speaker, it is cont-rary to the soundest prin . I do no~ see b.ow De.mocrat~ who favor this bill can escape from the ciples of legislation for the Congress to interpose and take side::i in dilemma m which this doctrme of the party places them. This bill a~y such conflicts .. It is not consistent with the soundest principles invokes the taxing power; and if there is no necessity for it, if the 1-)f the party to which I belong. I have here a paper fnrnis~ed to revenues of the Government be sufficient, then it is an abuse of ree by a member. of this House, but emanating from one of the that power. I believe that it is conceded by all-the facts al'e star rivals! ¥essrs. Fairbank & Co., manufacturers of compound lard, ing all men in the face-that there is no necessity for an increase in conta.mrng some most excellent extracts from various platforms the amount of revenue. The most difficult problem has confronted adopted in the State of Missouri. It does not make any difference ns for years of how to get rid of the surplus revenues annually col from what source they emanate if they ar~ true and sound. I wish lected. This bill is clearly within the letter of the Constitution; to read ~ome of them as a part of. my remarks, for I folly indorse but if there be no necessity, as I have already shown, for raising rev the sentunents they express. It strikes me that the same are strictly enue, then it is au abuse of the constitutional power; it is a prosti applicable to the measure now before the Honse. In the platform tution of it to the worst of purpos~s. The power is invoked and adopted by the Seventh district of Missouri (represented by Mr. NOR used deceptively contrary to the spirit of the Constitution. Such TON), August 8, 1890, it is said: legislation, wrong in itself, makes a precedent to mislead and trouble We, decl!lre ~at the power of Congress to levy and collect taxes is limited by our successors for all time. The bill oaght, therefore, never to pass. ibe Uov:;titution to the needs of the Government, administered upon principles Now, there is another way of reaching this evil, if it be an evil. of the atriotest economy and the most rigid honesty, and we denounce all taxa- The substitute which has been offered I believe is Senator PAD- / . ..,. -,., I• I I ..... {: I ·..... •' 8970 CONGRESSIONAL· RECORD-HOUSE. AUGUST 21, DOCK'S blll. It is infinitely better. It might be modified, a.bbrevi interesting gentlemen from that city, who were endeavoring t-0 make aterl, and improved. A proposition not covering half the ground it so pleasant for us in the early part of this session, informed me that might be matured which would compel, under proper pains and pe? I was the first member of this body, outside the State of Illinois, who alties, the honest branding of these food products that a~e ~ed m declared a preference for that city as the place for holding the World's interstate commerce. It would not apply when sold within the Fair. State where manufactured, but the Legislatures of the respective It is indeed a great city, and one of which Americans can well be States have the power and capacity to deal with it there. I hope proud. In the bogns-lard business Chicago is the chief offender, and the bill will be defoated. in criticising the fraudulent practice of some of its citizens I cast no [Hero tht> hammer fell.] reflection on the city's general reputation for commercial honor. One Mr. McCLAMUY. How much of the hour have I remaining? of its Representatives years ago said on this floor that his district, be The SPEAKER pro tempore. The ~entleman has fifteen minutes re- ing in the city of Chicago, raised more wheat than any other district maining. in the United States. "It is raised in elevators," said he. Some of Mr. MaCLAMMY. I yield that time to the gentleman from Ala the Representatives from that city might also say that their districts bama. [Mr. WHEELER]. .· produce or raise more lard than any other district in the United States. [Mr. WHEELER, of Alabama, withholds his remarks for revision. They produce much of it, however, from substance.':! entirely foreign to See Appendix.] the anatomy of the honest four-footed hog of the farm. They raise lard by a process similar to that by which the expert penman raises a UNITET> ST.A.TES COURTS IN VIRGINIA. $4 check on the bank to 400. The rich and succulent hog of the farm Mr. REED, of Iowa. I ask unanimous consent to report from the can usually take care of himself and look out for his own interest, but Committee on tbe Judiciary and put upon its passage the bill (H. R. when he meets the twenty-million-dollar thoroughbreds of his species 11206) to amend section 572 of the Revised Statutes so as to pro walking on their hind legs about the city of Chicago or elsewhere he vide for the holding of the regular terms of the circuit and district gets knocked out. courts for the western district of Virginia. Mr. Speaker, a large proportion of the farmers in Iowa and in other • The bill was read, as follows: corn-growing regions depend largely upon the sale of their bogs for B~ it enacted, etc., Tha.t section 572 of the Revised Statutes be amended so as legitimate returns for their industry. In the purchase, the slaughter, to provide for the holding of the regular t~rms of the circuit and district courts packing, and shipping ot the nineteen millions of hogs annually killed in the we!'tern district of Virginia. as follows: At Danville on the Tuesday after the second Monday in April and November; at Lynchburgh_on the Tuesday in the slaughter-houses, as shown by the Cincinnati Price Current's after the second Monday in March and September; at Abingaon on the Tues annual statistical report, therd is abundant room and opportunity for day after the first Monday in l\Iay and October, and at Harrison burgh on the legitimate commercial transactions with fair profit, which have in years .. Tuesday after the first l\1ondny in June and December. past given ample fortunes to many men engaged in that line of busi There being no objection, the bill was reported by the Committee on ness. the Judiciary, and the House proceeded to its consideration. Human ingenuity and greed for money have called to their aid in The bill was ordered to be engrossed and read a third time; and it genious mechanical contrivances and the science of chemistry with was accordingly read a third time, and passed. which to plunder the producers of hogs of a large proportion of their Mr. REED, of Iowa, moved to reconsider the vote by which the bill legitimate value, and at the same time to palm off a fraudulent pxod was passed; and also moved that the motion to reconsider be laid on uct upon the millions of purchasers of what they suppose to be lard, the table. not only in this country, but in every country to which American lard The latter motion was agreed to. is shipped and sold. • I do not propose to enter into a discussion of the question of whether BBIDGES OF MACON A.ND .A.TL.ANTIC RAILWAY. or not cotton-seed oil is a. wholesome substitute for lard. If it is, then Mr. BLOUNT. I ask unanimous consent for the present considera let it be used by those who want it. I-object to its heing sold as lard ti.on of the bill (H. R. 11240) to authorize the construction of bridges in fraud of raisers of hogs and of purchasers of supposed lard. over the Savannah, Ocmulgee, and Oconee Rivers by the Macon and If we were to concede for the time being that what is known as Atlantic Railway Company. compound lard-a mixture oflard,cotton-seed oil, and other substances, There being no objection, the House proceeded t-0 the consideration including sometimes beef fat, with which the art of chemistry com of the bill, which the Clerk proceeded to read, when-- bines sometimes from about 14 to 30 per cent. of water, and which Mr. BLOUNT said: I ask unanimous consent to dispense with the costs less than one-half of what it actually costs the farmer in labor to further reading. This is a bridge bill in the ordinary form, and ·has produce pure lard-was just as pure, nufa itious, and healthful a product been favorably report.ed by the Committee on Commerce. as lard, yet being sold as it has been by the practice of deceit npon the There being no objection, the farther repding of the bill was dis purchaser, one of two things is inevitable-either the purchaser is swin pensed with. dled in the price which he is required to pay for what he supposes to The bill was ordered to be engrossed and r~ad a third time; and it be an honest farm product, or the price of the product is so broken -was accordingly read the third time, and passed. down as to entail enormous loss upon the farmer who produces the Mr. BLOUNT moved to reconsider the vote by which the bill was honest article of food. passed; and also moved that the motion to reconsider be laid on the Without doubt both of these and other result.a occur. The producer table. of cotton-seed oil pos.."libly receives a little advance upon the price of The latter motion was agreed to. that commodity by reason of the fraud; the lard compounder receives ENROLLED BILL SIGNED. a larcenous percentage of profit; the producer of the hogs bas the market Mr. MOORE, of New Hampshire, from the Committee on Enrolled for his produce curtailed by the substitution, fraudulently, of a spuri Bills reported that the committee had examined and found truly en ous article costing less than one-half what it does to produce lard, and rolled the bill (H. R. 1284) granting a pension to Theodora M. Piatt; he finds his legitimate market supplied to the extent of one-third by when the Speaker signed the same. this substitution, and the price of his product is broken down. I read The SPEAKER announced that Ur. DINGLEY would preside as from the same standard authority last quoted by me1 from page 6: Speaker pro tempore at the evening session of the House. Calendar year exported lard and valuation for ten years, and the average ·And then, the hour of 5 o'clock having arrived, the House, in pur export price per pound and approximate average at OTLicago. suance of iiB previous order, took a recess until 8 o'clock p. m. Export Chicago Year. Exported. Value. pnce. price. EVENING SESSION. The recess having expiretl, the Honse reassembled at 8 o'clock p. Pounds. Oents. Cents. 1889 ...... 398, 000, 000 $30, 400, 000 7.00 6.50 m., l\Ir. DrNGLEY in the chair as Speaker pro tetnpore. 1888...... • ...... ••••.•• •. • ...... •• ...... 270, 000, 000 23,500,000 8.70 8.40 COMPOUND LA.RD. 1887...... 300 000, 000 21, 900,000 7.80 6.75 1886...... , ...... 331,000,000 22,500,000 6.80 6.25 The SPEAKER pro tempore. Pursuant to order, the House meets 1885 ...... 297, 000, 000 22,200,000 7.50 6.50 this evening for debate only on the bill (H. R. 11568) de.fining "lard," 1884...... • ...... 228, 000, 000 20, 100,000 8.80 7.95 1883 ...... 280, 000, 000 28, roo, ooo 10". 20 9.65 also imposing a tax upon and regulating the manufacture and sale, im 1882 ...... 233, 000, 000 27,800,000 11.80 11.45 portation and exportation, of compound lard. 1 1...... 313, 000, 000 33,700,000 10.80 10.00 Mr BRO~ros. I yield ten minutes to the gentleman from Iowa 1880 ...... 415, 000, 000 33,600,000 8.10 7.3.S (Mr. SWENEY]. Mr. SWENEY. 1\1r. Speaker, those who favor thic:i bill declare for Lard exp9rts embrace clearancl's of compound lard, in the manu honesty and good morals; good morals in commercial transactions. facture of which in recent years 110,000,000 to 125,000,000 pounds of .- There are hogs and bogs. Iowa produces a greater number of four cotton-seed oil and beef fat (oelostearine) have been utilized. footed hogs which furnish the pork and lard for the world than any COMPOUND LA.RD. other State in the Union. Iowa's hl?gs often attain great size and The manufacture of comuound lard has been carried on for manr, weight. I have very great admiration for the cities of St. Louis, Kan years on a large scale under the general designation of '' refined lard. ' sas City, and particularly Chicago. One of the committee of able and The extent of the yearly production of this article can not be accurately .- ' \ ··- - I ~, -· .· 1890. CONGRESSIONAL RECORD--HOUSE. , .8971 et.ated; bnt it has been estimated to reach approximately 300,000,000 consider that we can make an article that meets the demand of our trade, fulfills f.he wants of the trade, and is pure and wholesome and valuable and can ponnd3, which is probably a fair estimate for years of larger production. put in 50 per cent. or 60 per cent. of cotton-seed oil and harden it with 20 per During the pas~ year it is believed the production has been reduced cent. of lard to make it firm, it meets the demand of our trade. That is what, about 25 per cent., due to antagonism to this article in this country and they want. We know what they want better than they do themselves. abroncl and the low prices reached for pure lard. It is estimated that Here is a statement of what these men claim; that they bavean abso about two-thirds of the entire production to the country is made a.t Chi lute right to a. compound and place upon the market, under the name cago. On this basis, and taking into consideration the disparity be of ''Refined lard,'' ''Refined family lard,'' and ''Pure refined family tween reported shipments of lard for the year at Chicago and the indi lard," a mixture in which there is not more than 20 to 30 or 40 per ·.· cated supply at that point as suggesting the extent of manufacture in cent. oflard. .·' that city, calculations show about 225,000,000 pounds as the aggregate I quote from the evidence taken by the Senate committee: manufacture during the pa.st year. This wouJd imply about 135,000,- 000 pounds of cotton-oil and stearine used as mixtures. Of this quan TESTDlO::SY OF PROFESSOR II. W. WILEY. tity, cotton oil presents about 65,000,000 pounds and stearine about A large number of samples were submitted to the Bureau of Agri 70,000,000-the latter including the lard stearine used, which is esti culture for examination, and the resnlt is set forth in the testimony of mated to be about 25, 000, 000 pounds, the remaining 45, 000, 000 pounds Professor Wiley1 as follows: being oleostearine, a beef product. Q. Take your tabulated statement and give us the results of the samples that were manufactured by Fairbank & Co. Do that without my interrupting Although the qnantity of cotton oil used in compound lard the past you with questions. I shall be glad to have you do that in order to expedite year has been somewhat diminished, the percentage has been increased matters. And in your answers please give the ingredients, i:io far as you know of this ingredient, which has been of higher quality this season than them. of thei;e samples made by Fairbank: & Co. A. Wehavetwelveof Fairbank'ssamplestabulated, andthere~re three orfour the preceding year, owing to better condition ot c<>tton seed. more that have not been tabulated. Of the t.welve that ha.ye been tabulated all A reliable estimate of the quantity or proportions of compound lard contain cotton-seed oil. which is disposed of by exportation is not available, but it is conceded Q. Give the different brands of these samples. A. Eigbtare branded "Prime refined family lard," one is branded" Choice re- to be large. fined family lard," and one is hranded "Compound la.rd." A prominent feature of complaint in the earlier agitation concerning Q. Have you any of Fa.irbank's that do not contain cott-0n·sced oil? compound lard and those who offered it was the fact that packages A. No, sir. ... containing the article were not branded so a~ to indicate that it was a Q. Where were these manufactured? A. They were manufactured in Chicago. mixed product. It was held by the manufacturers t~at "refined lard" Q.. How many samples have you from Armour & Co.? was a term implying that it wa~ not pure lard. This, however, did A. I have twelve samples from Armour & Co. not convey such impression to the consumer rnle, and the demand Q. Tell us bow they are branded? as a A. Some are branded "Pure refined family lard," one is branded" Kettle re that the branding should be made to designate the character of the fined lard," three are branded" Choice refined family lard," and one is branded goods offered was a just one, in the interest of the consumer as well "Superior compound lard." as the producer of the unmixed article for which it served as a substi Q. State what these lards a.re composed of, as far as you know. A. Ten of them contain cotton-seed oil and two of them a.re pure lard. tute. Q. In that connection, state how it is that you can determine that there is This requirement is now complied with by the manufacturers in cotton-seed oil in these lards? product exported as well as offered for domestic consumption. The A. By the reaction of cotton-seed oil and nitrate of silver. Q. Take the next sample. word "compound" has had the effect to create more or less predju A. Another lard, manufactured by Adam H. Worthemllll &; Co., of Phlla.del dice against the refined product thus offered, nevertheless it is in favor phia, contained 17.4 per cent. of water, and another sample, manufactured by in this country and largely so in foreign markets, and considering the C. F. Teijen, of New York, contained 35.5 per cent. of water. Some have as low as 1 per cent., but very few, and I would not call that added water. enlarged production and lower values of the pure-lard product the past J. year the distribution oftbe compound has been well sustained. TESTIMONY OF PROFESSOR SHARPLESS. If the calculations herewith offered are approximately correct, the Professor Sharpless, among other things, testified: Q. State what those two specimens, 7'102 and 7205, are. State whether you year's addition to lard product by beef fat and cotton oil has been have subjected them to tests. about 110,000,000 pounds, equivalent in weight to the lard product of A. I subjected them both to tests, and found that they both contained largely about 3,150,000 bogs. of beef fat and cotton-seed oil. Q. How much lard did you find in them? It is stated in the foregoing that the manufacturers now brand their A. I have not yet succeeded in finding any lard. I found no trace of lard in adulterated articles ''compound lard." These gentlemen, however, them. have claimed and insisted that it was morally and legally ri~ht to sell (These two specimens were purchased in a grocer's store in New 1 this stuff under the name of ''refined lard. ' They claimed that it was York, were made by Halstead & Co., and branded "Pure family lard.'') not wrong to permit people to buy it without knowing that it was not In the examination of Mr. Fairbank, before referred to, in answer pure la.rd. One who is morally so obtuse can not be trusted to sur to the question: render profit voluntarily. 'Vould you object to the formula bein_g pressed on each package of what that Producers and consumers have been swindled by them, and demand compound is? that a watch be put over' them. They can afford to pay something to A. OI course I would object. because every manufacturer has certain formulas and certain mixtures in putting up which he does not want to give away to his the revenues of their country if they put their compounds into inter customers. srote and international commerce. They require watching, too, that This con:pound has been branded wherever used as relined lard. they do not bring the country into further disrepute. Mr. Fairbank, in reply to this question: It has been urged that to pass this bill will deprive cotton-seed oil of Why not change your trade-mark to refined lard. compounded of 50 per cent. a proportion of its value by preventing its use in the manufacture of of pure lard, hogs' fs.t, 20 per cent. refined cotton-seed oil, and 30 per cent. of compound lard. It is urged that it will be a blow to the colored peo refined beef tallow? That shows just what you are made of. Would that ple who labor in the fields in the production of cotton as well as to the injure you? white people of the South. A gentleman said on the floor a couple of A. Yes, sir. days ago that it was a question of "the bog versus the nigger." It l\fr. Speaker, not only the welfare of o-:ir people who are engaged in ., was not on this side of the House that the-statement was made. This the legitimate ind us try in this con ntry of producing hogs and in slaugh country, Mr. Speaker, can do no better service to the colored or the tering and marketing them is involved. These dishonest, unconscion white people than to impress upon them the fact that "honesty is the able compounders have practiced their fraud upon our own country .. best policy,'' and that no argument which involves commercial frand and are bringing our products into disrepute abroad. and dishonor weighs in favor of any class of people or any section of I insert here a. letter contained on pages 180, 181, and 182 of the this country. reports of consuls of the United States for February, 1889: The effrontery of these dealers is marvelons. In the evidence taken CHAM.BER OF CoM!lERCE, Nantes, May 31, 1889. Bis .Excellency the Minister: ·.· by the Senate Committee and reported by the House Committee on Sm: I have the honor to address you a copy of a letter which was written Agriculture I find that one of the great lard com pounders of Chicago, us by the manufacturers of salted provisions and lards in our district, The made the following statement in reply to the following question by signers of the letters have at different times requested us to transmit to the de· partment of ma.rine and of the colonies well-founded observations of the condi Senator GEORGE: tion to which their ind us try is placed in consequence of the custom-house regula· Q. You think that if there was only 20 per cent. of lard that it would be right tions of the' French colonies; now they rest their complaints upon new grounds. to brand that as refined lard. The American lards have gradually supplanted thos~ which were former~y A. Yes, sir. If we choose to use our brand, which is our capital in business, furnished by the mother country, until at present our exports to Martinique and which is the thing we make our money out of, which is our reputation, and we Guadeloupe are virtually nothing. Now, the fact can not be explained solely are able to sell that welt-known brand all over the country in larger quantities by a difference in price existing between American and French lards; it is than any other concern in the world; of refined lard very much larger, and principally due, it appears, to the factthatour colonies receh-e under the name we have been doing it for twenty-five years. If we choose to say that we are of la.rd adulterated and unwholesome products which bear about the same willing to put in our brand as refined lard only about 20 per cent. of lard we relation to lard as margarine does to butter. consider it perfectly fair to do it.. Perhaps it would be difficult to our colonial authorities, considering the special ... ·1,. • And the following, in reply to a question propounded by Senator corps of officials required by chemical inspections, to have all American lards examined before we place them on the market: perhaps, also, the Government PLUMB: would hesitate to have absolute prohibition of the importation of these products Q. Suppose there were 20 per cent. pure lard in your compound, would you in the French colonies. But there is another means of guarding against these :· regard it as a fair thing to the trade to sell it as refined lard without letting frauds, and tha.t is to impose on American lards presented for admission an im· ,I every one know that it was a compound? port ta:x, which would have the effect of allowing our people to meet the com A. After we have been putting up refined lard for twenty-five years we claim petition which is given them by products of greatly inferior quo.lit:;, and which to be expert in the manufacture of edible lard for domestic purposes. If we are entitled t-0 the preference that they enjoy only through fraudulent methods I• ,_ .. - .. _ .- 8972 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, of manufncturing. As our consignees state, these frauds explain the difference pound, and is known all the world over as a compound, which perhaps may be between thefr lards and the foreign prodnct. and the consumer is alwa.yt1 in news to the aYerage English housewi.te: If refined la.rd is a compound, the cJined to seek an apparently cneap article, without caring so much as be ought thought naturally suggests itself that it should on the fa.ce of it be branded as a.bout the va.lue of the article. a ''compound," and Mr. !."airbank, head of the flrm whose name has been For merchandise other than alimentary products the reduction of the ens· mentioned, was asked in the Congress committee whether be would object t<> toms duty wouJd seem to be justified by the inferiority of the material bonded, brand ea.ch packag::e as a. compound. His answer was explicit and informing: but we think, your excellency, when the preservation of health is at stake, the "Of courl'el would object, because every manufacturer has certain formulas and rule should be reversed, and that, in default of prohibition, a greatly increased certain mixtures ir1 putting up which he does not want to give away to bis cus tax should warn the consumer and arouse his suspicions. tomers.'' Accept, etc., RIVRON, From the Midland Advertiser of J nly 7, 1888, I extract the followin~. Preaiden.t of the Chamber of CommA11·ce. These reports will in a measure explain to the farmers of Iowa. w by thell' swine-raising has recently been so unprofitable, as well as how the com Mr. Pi·esidenl, .Memberi of the Cham}Jel' of Conwnerce: mercial honor of the country has suffered througb the perpetration of GE:NTLE..,tEN: We ha.Ye just cal led your attention to a fraud which is committed these frauds: on a. large scale. and entails a. considerable loss t-0 our agriculture. SELLING ADULTERATED AMERICAN LARD. In fact, almost the entire quantity of American lards which are imported in Fmnce and our colonies contains about 50 per cent. of cotton-seed oil. To be [The Midland Advertiser, Saturday, July 7, 1888.) convinced oft.his fraud it is only necessary to refer to the lawsuit which took At the Wednesbury police court, on Tuesday, before Mr. Neville (stipendiary place recently in England, (See Union Brt!tonne, August 9, 1888; Esperance du magistrate), George Blackham, grocer, Darlaston, was summoned, at the in peuple, August 9, 1888.) stance of l\lr. J.E. Morris, inspector under the food and drugs act, for having [Extracts from newspapers printed in the consular report i·eferred to.] sold Jard of the nature and quality demanded. l\Ir. R. A. ~ilcock, \Volverton Hampton. appeared in support of the complainant, and Mr. J. Slater for the de 'Ve find in the Liverpool Evening Express. June 30, 1888, the synopsis of a fense. trial which we deem it advisable to publish. In opening the case l\Ir. Wilcock stated that l\Ir. Morris went to the defend It treats of the frauds which are perpetrated In American lards. It particu ant's 11hop and saw two lots of la.rd, the one marked 5d. and 6d. per pound. He larly concerns a branch of trade most important in onr city, as well as to many bought some of the former, and the defendant. who served him, on being told groceri! and above all the consumers themselves, and consequently the public that it wa.s for the purpose of analysis, said that be bought the lard as pure, and -- health.' Why, then, should we refrain from calling our readers' attention to the believed itto be pure, and if it,va.snot it would be very hard to prosecute the re· grave question? Below is a resume of the trial : tailt>r. The lid of each tin was marked, "Armour & Co. 's pure refined lard, Chicago, U.S. A., 28 lb. net. . " A pa.rt of the sample bought was sent to Mr. Jones, FRAUDS L"< LARDS-DIPORTA:'.'>~r· PROSECL'TIOXS. analyst, who found that it contained 17 per cent. of cotton-seed oil. After pro Seveni.l wholesale dealers and importers of Liverpool ha.Ye been summoned ceedings ha 18~0. C-ONGRESSIONAL REOORD-~OUSE. 8973 ...! ' placement of the fat of the bog in the markets of the world by oil and tallow, actly what he is buying, and then the vender would be entitled to ask an in· upon manufacturers of lnrd and growers of swine. is demonstrably clear. It is creased price over pure leaf. The Government alone can manage this matter, .. - hardly surprising in view of these facts that from 1883 to 1889 the price of prime and should do so. steam lard fell from 10 to 6 centa per pound. The people must be protected by the Government or they will not cheerfully l\Ir. Hately in his testimony stnkd thatthe introduction of these compounds support the Government. Thisadultemtion injures the reputation of our prod would make a difference of 3:l cents in theva.lue of the hogs received in Ohicago ucts at home and abroad and is of necessity an injury to the health of consum in 1886-'87; and, ta.king the entire product of the country, he estimates that it ers. All 've ask is for the Government by stringent laws t-o protect the people would amount t-0 from 513,000,000 to $15,000,000, or a sum nearly three times as of this country and foreign countries from such impositions as would be im large as the ent\re cotton-seed oil product, and that the farmers or the country posed upon them by unscrupulous men of different States. We ask and de could afford to buy the oil crop of the nation and pour it into the sea. and be mand protection to honest interstate commel"Ce, and a prohibtion of dishonesty millons of dollars in pocket if the "compound fraud" was stopped. n same line. We will be satisfied with nothing less. Your committee believe that no public interest at this time presses with such extreme urgency upon the attention of Congress as some measure of relief to The· Pork-Packers' Association of Cincinnati, in their petition to Con· the distress of agriculture. This industry is the foundation of all ow: prosper gress, say: ity. All other trades rest in it iike spokes in a. hub, and are bound to it with a tire of dependence. History gives no example of a country surviving its decay. So widespread bas this adulleration become, it is believed that of the 600,- This interest has been in alarming stra.its; hunted down, at bay, fighting for 000,000 pounds of lard produced annually in the United States more than 35per life. Among its pursuers are the trades that are conceived in fraud and oper cent. is subjected t-0 greater or less adulteration from the introduction of cotton- ' ated tn concealment stealing the markets from honest producers. And it will seed oil, beef and mutton tallow, grease, vei;t'etable products, chemicals, and be a reproach to t he nation to longer snfler them to prey upon the farming other adulterants. These compounds are sold under circumstances which lead ·~ industries of the country. · t11c public to believe them to be pure articles, and are sold, in consequence, at prices greatly in excess of their a ctual value. These fraudulent practices have not on1y injured our market abroad, but unless Congress shall act promptly and vigorously to put an end Similar statements are made by State Leizislatures, State and local to such dishonorable methods the American people will be judged by granges, State and local alliance associations, boarrls of trade, pork· the code of commercial morals which Congress permits in America's in- packers, and the people at large. ternational trade. We can not afford to accept those lard-com pounders' The statement made here in the debate to-day that there· had been code of morals. no call for this legislation has been asserted by those who have not read Mr. Speaker, this matter, having been brought to the attention of the report of the Committee on Agriculture. Congress, demands a speedy remedy. Speaking for the people of Iowa, I can not better show the importance of this legislation than by the - : .. who have $28,000,000 invested in swine, I stand here and demand that insertion here of the following portion of this report: these frauds upon them shall cease. The Constitution places in the The commercial importance of lard, not only in our domestic but. in foreign bands of Congress alone the power to correct this evil. markets as "~ell, will be appreciated when it is remembered that there a.re in The people of Iowa have been annually for.years robbed of millions o1 the United States nearly 50,000,000 ho~, worth nearly $300,000,000, and that, of the 600,000,000 pounds of la.rd produced, 318,000,000 pounds, worth over m,ooo, .. dollars by this, as bare faced a fraud as was ever perpetrated · This ough t coo, are exported to foreign ma.rkets. The city of Chicago alone ships annually not to be a question of party or politics. It is .a question of morals, of 5.'l,000,000 pounds of lard in excess of the a{.?gregate amount received and manu• Congressional duty. It is our right to be protected, from this traud. factured in the city. '£his represents the contingent of cotton-seed oil and tal• low. The same thing occurs to a less extent in Kansas City, St. Louil/, Cincfn• It is the dnty of Congress to afford t h at protection an d to s h ow to the nati, New York, and other places. The injurious effect of this enormous dl&o people that in commercial transactions over which Congress has con- placement of the fat of the bog in the markets of the world by oil and tallow. trol when frauds are made known they are quickly righted, and, too, upon manufacturers of lal"d and growers of swine, is demonstrably clear. It fa 1883 18 that a good name and fame are of as much importance to Americans ~t~~~1 !~alf~\~\~!-~~ 1~t:6°:e~~~8;!:~~;~tt from. to ~'9 the price of prime as to any people on earth. Mr. Hately,in bis testimony, stated thattheintroductionoftbese<'..ompouncls Mr. BROSIUS. I now yield ten minutes to · the gentleman from would make a. difference of 32 cents in the value of the hogs received in Ohl· Minnesota [l\Ir. Du.KNELL]. ca.go in 1886-'87; and, ta.king the entire product of the country, he estimates that it woul~ amount t~ lrom $13,000,~ to $15,000,000. or a sum nearly three Mr. DUNNELL. :Mr. Speaker, the provision that was made on Tues- times as large as the entire cotton-seed-oil product, and that the farmers of the day last for the consideration of bills reported by the Committee on Agri- country could afford to buy the oil crop of the nation and pour it into the sea and culture was, in my opinion, eminently wise and proper. It is almostim- be millions of dollnrs in pocket if the ·•compound fraud,, was stopped. possible for us to overestimate the dignity and importance of the agri- Allow me, Mr. Speaker, to bring ont in my remarks1 at this point, a cultural pursuits of our people. We legislate more for other interests few statistics touching the value of the farm. products of the United than for the agricultnralinterests of the people. We legislate for man- States. These aggregated last year the sum of $3, 829, 000, 000. Tb.is ufacturers; we legislate for wholesale importers. We b n.ve had too is an enormous sum. These products, aftecting all the people and little clear, distinct legislation in the inte1·ests of agriculture. It was, the channels of trade, were brought up out of the bowels and from therefore, a matter of great satisfaction that, by the adoption of the the surface of the earth, by the agricultmists of the country. This order of business to which I have referred, provision wa.s made for the Jarge volume of wealth approximates $4,090,000,000. I busied my· consideration of the lJills that have already been before us, t.he bill self this afternoon, a little while, in looking over the value of a few now before us, and the one that shall come up on Tuesday next·, namely, of the farm product.a in the United States. I found the potato crop of the anti-option bill, the dealing in futures. 1888, in round numbers, was valued at $81,000,000; the hay crop, in Our agricultnralinterestsarevery great1 and t.he products of the farms 1889, $408,000,000; the tobacco crop of 1889, $43,000,000; the cotton of this country have more than once been a great source of national re- crop, in 1889, $292, 000, 000; the corn crop of the same year, $597,000,000, lief and aid. You will remember, Mr. Speaker, how, '7hen we were and the wheat crop, $342,000,000. I have also two or three items of struggling to resume specie payments in this country, we were aided by statistics in relation to swine. In 1860, the swine were valued at $33,· the immense crops of those years of financial trial; and you will re01:em- 000,000 in round numbers; in 1870, $25,000,000. You can see the ber that the larf!e exports we then enjoyed of farm products helped us work of the war in lessening the aggregate value in 1870 below what out in the resumption of specie payments. The same products of it w:is in 1860. . England, in the same way, once saved that nation from a very disgrace- I In 1~0, t~he swin? of the co~ntry were valued at · $~7 1 000,000. The ful attitude before the world. valuation Qt the swme, 1890, IS $243,000,000. Here is seen the value Iiseems to me a duty I owe to the farmers, whom I have the honor to rep- of one prod net of the farms, $243, 000, 000. This enters, of course, into re!ent on this floor, that I take the ten minutes which are granted me_. the general farm products, as I have already said, amounting in value to give the reasons for my support of this measure. The bill before us to nearly $4,000,000,000. has for its object a restriction upon the manufacture and sale ofcompound At this point, I will submit as a part of my remarks, taken from the lard. There has been growing up, as we all know, this manufacture of very able report of the Committee on A~ricnlture, the following tables: componndlard, refined lard, or la.rd compound. By this means an injury Average p.-ice of !togs from 1883 to 1890. has been done to the pork-growing interests of the cquntry, and a very great injury. There has come from every quarter of the country a de i' Year. Price. , Year. Price. mand for legislation that this compound lard, or lard compound, should 1 go out from the manufacturers into the country and into the mar~ets ------11- --li _ -- - -- well branded, well known, well designated. 1883 ...... This demand bas come to us from every part of the Union. In the 188-1...... report which the committee has presented to the House, there are ex- i::::::::::::::::::::::·:::::::::: .. ::::::::: uI !IL::::.::::: .. :::::.:::.::::;::: 1:~ tracts from letters, petitions, and resolutions coming from every sec- tion of the country, indeed from every State, save two. A resolution from Texas says: Total lai·d production in the United Statesfroni 1877 to 1888. If it is true, &S claimed !Jy the mixersofcotton-seed oil, lard, and trulow, that they can produce a better article from these ingredients from one-half cent to 2 Year. Total. Year. Total. cents less per pound, all right, but let them stamp each vessel in which it is of fered for sale with its component parts. Let us by ru1 means ha.Ye an anti-adulteration law. Pounds. Pounds. 1887-188...... 489, 902, 000 1881-'82...... 468, 929, 00() Here is a statement from the State Grange of Georgia: 1886-'87...... 527,032,000 1880-'81...... ; ...... 517,660,000 If a revolution 'vould be averted, some regard must be had for the interest of 1885-'86...... 514, 230, 000 1879-180 ...... 479, 020, 00() the masses. Many are growing very impatient. Now, while cotton-seed oil ia 1884-'85...... 480, 405, 000 1878-'79...... 514,295,000 a product of our section, we do not want to buy lard mixed with cotton-seed oil 1883-'M...... 444, 450, 000 1877-'78...... 404, l'S72, 000 and etearine and branded pure leaf lard. If cotton-seed oil, etc., makes the lard 1882-'83...... 419, 513, 000 better, Rs some claim, let it be branded as such, and let the purchaser know ex- ·. "·- ...... } ~ .· .... ,...... -~ -. • I• -: . ,, ... 8974 CONGRESSIONAL RECORD-HOUSE. AUGUST 2, E:cports from 1873 to 1889. stance of the testimony of the witnesses. I hava also hearJ., and . listened with attention to all of the evidence that was given before the Year. Lard exported. Year. Lard exported. Agricultural Committee, of which I am a memberin this ConJ:n'ess; and I say thatlfeelafteritsconsideration thatiamsomewha.tfamil iar with this question of compound lard. To some extent I recog Pounds. Pounds. nize it as a. mixed question. I recognize ita.sa. question upon which 1873 ...... 234, 901, 511 1882 ...... 239, 904, 657 273, 236, 610 gentlemen on the floor can fairly, honestly, and conscientionsly dif 1874 ...... lH4, 100, 226 1883 ...... fer. Further than that, I know we come here representing in large 1875 ...... '-·····- ···· .. ······ 167, 579, 377 188-i ...... 228, 165, 733 1876 ...... ••·····•·······•······ 198, 008, 212 1885 ...... 301, 30.5, 100 part not merely our own jdeas, but the interests and wishes of our 1877 ...... 237, 744, 3'17 1886 ...... 298, 083, 09'1 constituents. 1878 ...... 345, 693, 5'a 1887 ...... 324, 515, 2.!4 1879 ...... 343, 119, 208 1888 ...... 297, 740, 007 It has been said, Mr. Speaker, that this is a. contest between the 1880 ...... 405, 437, 658 1889 •....•...... 318, 242, 990 hog and cotton-seed oil. To my mind this is merely a superficial 1881 ...... - .•. .-...•...... 335, 001, 686 view to take of the question. Back of that, behind it, lies a far greater question: the question of fair dealing and honesty in com - .-:-- Price of prime steam lard since 1883. mercial life and in the commercial affairs of the country. We have been told and we all know that for a great many years, perhaps until the past six or eight years, the onJy commodity known _ _ v_ear_.- IP - """ - ' ... •.I ; ,· ' ·. .. ' •• I, I , ~ .... •' -' ·. ..._ I • ...- 1890. CONGRESSIONAL· ·RECORD-HOUSE. 8975 dionts in the manufacture of this Jard that ought to send them to the is one of the great staples; I might say the great stapfo. The more penitentiary, that would almost turn the stomach of a dog at the corn the more hog. Drive the hog from market or make it unprofit very thought of eating it. And I want w sayfnrther, if I could see able for the farmer to feed and fatten him, and yon touch the pock my way clear to including that class of men in this bill or some far ets of millions of farmers. The inevitable result of this ''la.rd com reacWng bill that would Shut out these so-called manufacturers of pound" is to lessen the demand for the hog of which lard is made pure Jard, which is not pure lard, it would have my most hearty and for the corn which makes the hog. One of the witnesses, a Mr. and earnest support. Hartley, I believe, made a careful estimate of this reduction in values I will not detain the House, Mr. Speaker, by reading the evidence and found it to be about 32 cents a. hog, which, on fifty millions, of the way in which some of this so-called "pure la.rd" is made. It would be a loss of 16,000,000 annually to the farmers of this coun is too revolting to be read in this presence. Suffice it to say that all try. As one witness stated, the farmers could afford to buy up a.11 the parts of the hog unfit for other use, head, ears, feet, hoofs, intes cotton-seed oil in the country and dump it in tho sea and still be mill tines large and small, even the unnamable parts of the hog, all go ions ahead fu the transaction. This may be perhaps an extreme into the tank in which this "hell broth" is steamed and prepared. statement, but beyond all doubt the value of the hog product of this Cleanliness is iguored. Smothered hogs, those found dead in the country has been greatly decreased in valne. .. ' ·' yartl or cars, even those dying of cholera or other disease, all go in Heretofore a very large proportion of our lard product has been to make this ''pure lard" which is put upon our tables or used in exported, in 1887, 320,000,000 pounds, and of this amount over one our kitchens; and this staff is sold in the market as "refined lard," third, or about 120,000,000 pounds of this componni\ made of lard, "pure refined family la.rd," "choice family lard," and under other cotton-seed oil, and stearine, was sold in foreign markets as "refined seductive and delusive labels. - lard," or "pure refined lard," or some similar deceiving label This Be it said, however, to the credit of mankind, thn,t all manufact fraud had been going on and increasing for some years. At last it urers do not do this. Some are careful and cleanly, but the trouble was detected and some of the dealers of the spurious article were is to know what we are using. It is true that by the use of acids in arrested and fined. The result bas been a great falling off in the what is known as the process of "refining," very much of the dirt foreign demand for American lard. Last year, I understand, but a and filth of this filthy compound is eliminated, but that does not al small quantity was exported. Foreign dealers are afraid to handle ways make it what it should be, clean and wholesome. Over forty it. The fraud, however, still goes on at home in spite of agitation years ago this process of "refining" was discovered and put in use, and legislation. Consumers still buy this lard compound as a pure and nearly all the lard now used goes tlll'ough that clarifying proc and genuine article. ess. It. was called "refined lard" when put upon the market, and I have before stated that the States of Massachusetts and Illinois ( haa been so known commercially for over forty years, and, when have already passed laws requiring these compounds to be labeled as made of the healthy, wholesome fat of the bog, is no doubt as pure "compound la.rd." The object of this legislation is obvious. It was and good for family use as tho leaf or kettle-rendered lard. intended that the people should know what they are buying and eat Now, Mr. Speaker, without detaining the House longer on this ing. That is all they ask. Let this compound go before the public branch of the subject, I come to what is denominated in this bill as for what it really is. If people like it, let them buy and use it. Its "'compound la.rd." As I have alreatly saitl, it is made of lard, cotton advocates say that it is better and purer than genuine lard. If so, seed oil, and beef or lard stearine. No precise formula for making the people will soon find it out and prefer it. But it is not so. Ad this compound has been published, and in fact there is none. Lard mittedly it can not fill the place of lard in some respects. Bakers and and cotton-seed oil are used in varying proportions to suit either the cracker-manufa.cturers can not and will not use it. This record is taste or greed of the m11nufactarer, in some cases as I ha•e stated as full of proof that it is a fraud and a counterfeit. No counterfeit was high as 35 per cent. of water being used. Beef stearine is ust!d to ffrnr yet quite as good aa the genuine article. It may pass for a. time give the compound firmness and make it stand the heat of hot until found out, but when known it will be discard~d. I·· climates, like those of South America or the West Indies, without In this connection, Mr. Speaker, I wish to call attention to a me melting or losing form. This stearine is the fatty or'cellular tissue morial from the cracker-manufacturers, which was presented to the after the oil or fat is pressed out. Lard stearine is also used for the Committee on Agriculture: same purpose. Cotton-seed oil and, as I have said, sometimes water To the honorable membera of the House of Representati'l:es are made to take the place of this fat or oil which has been thus of the United Statu of .America: pressed or squeezed out. Thus a great saving is made bytbemanu Respectfully represent your memorialists that they are citizens of the United States interested and engaged in the manufacture of crackers, and in their busi· facturer. The oil or fat is saved or used for other purposes, and a ness use large quantities of pure lard; that large quantities of aduU.erated or much less expensive ingredient takes its place. The compound can compounded articles are manufactured and sold in various parts of the United ..:. be made for one-half or two-thirds the cost of pure lard, and is sold States as substitutes for pure lard: that these compounds are made up of various ingredients, such as cotton-seed oil, bcefandmutton tallow, and in some instances for from one-half to three-fourths less per pocrnd to the wholesale of chemically whitened and deodorized greases; that these compounds are sold dealer. Thus a great saving is made to the manufacturer and bis under grossly misleading and deceptive orands, and are thereby palmed off on the profits become correspondingly large. consumer as and for pure lard, at a price greatly in excess of their real vala.e; that The result is that a few men like Armour & Co.t M. K. Fairbank these compounds are sold in all or nearly all of the States of the United States, and that, therefore, any legislation which shall deal commensurately with the reg. & Co., and a few others, not exceeding six or eight in all, have be ulation of the sale of these compound articles must be national, and not confined come monopolists of this branch of lard industry. Over 90 per cent. to any State or section of the United States; that the best interest of the peoplo of this compound is manufactured in Chicago by the two firms I of the United States require that a law shall be passed by the Congress of the United States providin .~ that all packages containing compound lard shall be have named. It was first sold as "refined lard," or "pure refined plainly and unmistakably labeled so as effectually to prC"vent all frand and decep Jard," or "pure refined family lard," and for years no one but the tion in the sale thereof, man ufactnrers or their employ es knew or suspected that it was any ·wherefore your memorialists humbly pray, etc. thing else. Gradun.lly, however, the public awoke to the fact they The present bill, Mr. Speaker, is modeled upon the oleomargarine were being deceived. Agitation followed. The State Legislatures law of two years ago, but is much le s severe in its terms.. That law took the matter up. Massachusetts and Illinois passed laws re imposed a tax of 2 cents a. pound and a license fee from retail dealers quiring the mixture to be be branded as "compound lard." Other of 25. This bill imposes a tax of only 2 mills per ponnd and a li States took the matter in hand. cense fee of only 1.92 annually. The object to be subserved is sub At last Congress was appealed to, and the Agricultural Commit stantially the same. Oleomargarine was being manufactured and tee of the Fiftieth Congress took the matter in hand. An investiga sold in large quantities, to the injury of butter makers and manu tion covering months of time followed. The fraud was thoroughly facturers, and the people were deceived. Compound lard is now be expo ed and a bill reported substantially like the one now under in~ sol<\ in equally large quantities and the people are again de coosideration. Congres , however, adjourned without passing the ceived. The language of President Cleveland in his message ap bill. Armour & Co. and other manufacturers made haste to fore. proving the oleomargerine law is applicable here. He said: stall further action by Congress. They changed the brand from If this article has the merit which its friends claim for it and if the people of "refinedlard," or "pru·erefinedlard," or "pure refined family lard" the land, with full knowledge of its real character, desire to purchase and use it, to "la.rd compound" or "Armour's superior lard compound," but the taxes enacted by this bill will perm.it a. fair profit to both manufucturer and still retained the picture of the hog's head on the label, thus indi dealer. If the existence of the commodity taxed and the profits of its manufacture I• and sale depend upon disllosing of it t-0 the poo-ple for something else which it de. ._ f cating to the unsophisticated purchaser or consumer that the com ceitfully imitates, the entlre enterprise is a fraud, and not an industry; and if it ponn ·. .- .. ( -, -- • ;I• . .: . . -\.. " CONGRESSIONAL REOORD-HOUSE. AUGUST 21, men e quantity of the article described in this bill which is sold to the people for ment t.o get jurisdiction over the product, so as to have it properly their coID1nmption as food. and notwithstanding the claim made that its manufact ure supplies a cheap substitute for butter, I venture to say that hardly a. pound branded, let us so use that power that it shall not be costly or burden ever entered a poor man's house under its i·eal name and in its true character. some; let us license the manufacturer upon bis paying a tax of $5, While in its relation to an article of this description there should ho no govern and allow him to continue to manufacture ad illfinUum without pay mental regulation of what the citizen shall eat, it is certainly not a cause ofre ing any further or a =. "'. ·- '· :: · 1890. -. CONGRESSIONAL RECORD-HOUSE. 8977 ._ \ loss upon the people of an entire section who have done no wrong Mr. Speaker, these gentlPmen have no respect for the Constitu at all. tion, as they have none for the cotton-growers of the South. In their This great wrong you deliberately, and I may say avowedly, propose anxiety to inflict this injury upon those people, that they may ex to do that men engaged in agriculture in anothersectionofthecountry tort 4 cents a pound more lor their lard,.they lay a ruthless hand may be benetited. This statement is folly justified by the argument upon the Constitution itself. Thoy provide in this bill that no man mad.e by ?ifr. CONGER and Mr. HATCH and others who prepared the shall have a license to manufacture compound lard unless he makes report urging the passage of this bill. They state that the manu an application to the Secretary of the Treasury containing a state facture and use of compound lard have reduced the value of the hog ment of all the ingredients proposed to be used by him, and the 32 cents per head and the value of la.rd fully 4 cents a pound. This power is conferred upon the Secretary of the Treasury to refuse to statement is not true, for the value of the hog crop is clearly shown, grant that license whenever, in his judgment, any of those ingredi I think, to depend upon the amount and value of the corn crop; but ents are deleterious to health. I do not suppose there is a lawyer if true, is it not something to be thankful for f If we can furnish within the sounn of my voice who will presume to say that Congress you from cotton seed a product which, combined with other sub can con for such power upon the Secretary of the Treasury. stances, makes an article of food which is entirely satisfactory to Mr. BROSIUS. Will my friend allow me to inform him that he is ._, the people and which cheapens the cost of living, is not that a mat mistaken about that T ter which should occasion rejoicing rather than resentment t Mr. CATCHINGS. I am not mistaken. Should we not be profoundly grateful that a new and nutritfous Mr. BROSIUS. The decision of the Secretary of the Treasury is food product has been discovered, which lightens the poor man's not conclusive. burden and reduces the drain upon his SCIJ.nty earnings f Mr. CATCHINGS. Ob, that is a mere matter of form. Mr. CONGER. Will it interrupt the gentleman to reply to an Mr. BROSIUS. I did not understand the gentleman. I thought inquiryf he overlooked the fact that there is an appeal from the decision of Mr. CATCHINGS. Not at all. the Secretary of the Treasury. Mr. CONGER. Would your cotton-seed oil be of the value that Mr. CATCHINGS. I understand that; but that does not affect you claim it is if it were not for the fact that you can sell it as lard f my statement as to the unconstitutionality of the provision. I un Mr. CATCHINGS. I have no doubt that the use of it in combina dertake to say that no lawyer will affirm that the power can be con tion with lard and stearine, thus yielding ai valuable food product, ferred upon any branch of the Federa1 Govern'ment, whether the has added very greatly to the salable value of our cotton seed. Secretary of the Treasury or an appellate board, to say that one Mr. CONGER. Not this use of it, but this masquerading of it as shall not manufacture an ar~icle because it is deleterious or injurious "lard." fo health. You can not confer any such power. It is for the States Mr. CATCHINGS. Ido not concede that, butlwilladdressmyself alone to adopt measures of a police character to protect the health to that question before I finish my remarks. I will say, however, that and good order of society. the peoplo of the South are not responsible for the masquerading as In your reckless determination to crush this Southern industry lard; that was the work of Northern manufacturers. and extort 4 cents a. pound more for your lard, yon make this pro Now, Mr. Speaker, the converse of the statement by the committee, vision so sweeping that it will apply to compounn lard proposed that by the use of this mixture hog's Jard has gone down 4 cents per to be manufactured and sold exclusively in Illinois, or Missis ponnd, means that if this compound lard can be driven from the mar sippi, or any other State, as well as that intended to enter into ket that 4 cents a. pound will be regained and added to the cost of interstate commerce. 'Vhy, sir, as these gentlemen must know every pound of lard which the _people of this country have to con the Supreme Court of the United States in the trade-mark case, sume. This bill is a project to prevent the people from using a cheap reported in 100 United States Supreme Court Reports, settled and nutritious article of food and fo tax them 4 cents a pound more that proposition beyond all further question. As gentlemen all for every pound of lard that they have to buy. That is precisely understand, we passed a statute providing that a man who would the proposition that is presented in this bill. ,Now, are you prepared pursue a certain ceremony should thereby establish a right to a. to say, gentlemen, that legislation designed to increase the cost of trade-mark, and that any person who infringed that trade-mark the people's food can be justified t Suppose that compound lard was should be subject to indictment and punishment. 'Vithout deciding not under consideration and that we were discussing the adoption that such a matter was in any event within the jrrriadiction of Con of some means which had been devised for the purpose of increasing gress, the Supreme Court held that it was perfectly clear that it the cost of woolen clothing, or cotton clothing, or any other neces was beyond the power of the Government to enact a statute of that sary of life, would any of yon be willing to advocate such a measure! sort, unless it was plainly limited to trade-marks to be used on ar Would you dare to do it! Yet that is precisely what this bill is in ticles which go into interstate commerce; and, inal'lmuch as the tended to accomplish with reference to this food product. terms of that statute were broad enough to cover trade-marks upon When gentlemen say that we have reduced the market value of articles which did not enter, as well as those which did enter, int~r lard and that they propose to drive this pro1uct oat of the market, state commerce, it was held onconstitational and void. of course the meaning and the only meaning is that they propose to I say, therefore, this precise question is settled. If Congress can increase thereby the price of lard. Mr. Speaker, I can not vote for prohibit deleterious substances from entering into interstate com such legislation and I would not vote for it even if I lived else merce, which question does not arise here, nevertheless this sweep where than in a cotton-producing region which will be most severely ing provision makes this wholes ection void. I may apply for a li injured by it. cense and the Secretary of the Treasury may refuse it to me on the Mr. MORGAN. Will my friend permit me to ask him at this point ground that some of the ingredients proposed to be used are delete - . ' if this legislation would not fall with specially crushing force upon rious. While such refusal in obedience to an unconRtitutional statute the colored people of the South f woald not prohibit me from proceeding to manufacture compound Mr. CATCHINGS. Of course. That is pretty much all that the lard and while I could withstand any indictment based upon this negro gets out of his cotton. Gentlemen, understand how the cot void statute, yet I would naturally hesitate to sn bject myself to an. ton crop is raised. By the time the negro has paid for his supplies indictment and the expense of a defense. The gentlemen framing and settled his rent he has hardly anyth~ng left except his cotton this section are able lawyers and we must presmne that they under seed. stand its unconstitutionality, and that it was inserted hoping that Mr. McCLAMMY. And that buys shoes for Hannah and the chil thongh invalid it would nevertheless deter persons from coming into dren. [Laughter.] conflict with it. Mr. CATCHINGS. Of course. That gives him ready money, and The provisions of the bill making tbejudgmeut of the Commis about the on1y ready ruoney be aver gets. sioner of Internal Revenue conclusive as to what compounds are to Mr. McCORMICK. Can the gentleman tell us about what propor he taxed under this act and the judgment of the Surgeon-General tion the value of the cotton seed bears to the total value of the crop 'f of the Army, the Surgeon-General of the Navy, and of the Secretary Mr. CATCHINGS. I wish gentlemen to understand tbat this cot of Agriculture conclusive as to whether ingredients proposed to be ton-Reed business is yet in its infancy. Although to-day we sell about used are deleterious or not, and forfeiting to the United States all $12,000,000 worth of cotton seed, that is a mere bagatelle to what is compound lard adjudged by these officers to contain delet-erious in to come. gredients, are also clearly unconstitut.ional, ta.king away, as they do, " . Mr. McCORMICK. I have been informed that the cotton seed rights, privileges, and property without due process of law. amounts in value to about 10 per cent. of the whole value of the crop. 'Vhere is there authority for such a tribunal as is here proposed to Mr. CATCHINGS. Perhaps it amounts to about 15 per cent. But be created, which shall have power to render final judgment f that is practically nothing to what its future value will be. The What has become of the right to trial by jury, which is justly es time will come when substantially every bushel of cotton seed raised teemed as one of the dearest rights of the American citizen 'I in the South will be turneu into oil, and then the value of the seed Have gentlemen, in their haste to extort 4 cents a ponud more will be $60,00-0,000 or $70,000,000, ifnot more. 'rhe industry is hardl.v for their lard, become so absorbed in the pursuit of their selfish pur yet established. You can travel hundreds of miles through the South pose that they have forgotten the comtnonest principles of constitu and :find people unable to sell their cotton seed because they can not tional law, or have they knowingly inserted these provisionsr pre get it to the mills, but those mills are being established all through suming and hoping that no man would enter into a contest in the the country and more and more of the seed is turned into oil every courts with a powerful and wealthy Government, and that they year. So that even if you pass this bill, exasperating as it will be, would go undisputed, and be rui effective as though they did not vio- mark my prediction, you will utterly fail to accomplish the· object lat~ the fundamental law of the land f . ,you have in view. . Now, Mr. Speaker, there is another provision that I want these XXI-562 -- .I • - ...... •: ! ...... I .. • ... f 8978 CONGRESSIONAL RECORD-HOUSE. I• gentlemen to explaiv. It is something wholly unnecessary to enable and truly tell them that this bill was introduced for the sole pm: them to accomplish the purpose of the bill, if that purpose flimply be pose of taxing one chss of American citizens that the other might to secure tho proper branding and marking of compound lard. It is prosper, they would say to you, "We do not want prosperity, gen provided that when this compound lard is shipped, transported, or tlemen, if it has to come to us by that route. We will not have it." removed it can not be done in packages incased in any cask, bale, bag, No matter what might be their wants, they would be unwilling to or any such inclosnre. This mixture is pat up just as hog'M lard is, see any class of our citizens taxed for such a purpose as that. in cans of various sizes, containing from 3 pounds up in weight. Now, Mr. Speaker, my friend, the gr.ntleman from Missouri fMr. This is done for cleanliness and convenience of handling by retailers HATCH] is the last ma.non the face of 'the earth who ought to advo· and purchasers by r tail, an ' ',· ·, ·,., ,.I J / ·~ ~· 1890. CONGRESSIONAL . REOORD...... :..HOUSE. 8979 lard from the tax. No doubt it was nut in the bill that the manu Mr. CATCHINGS. We do not object to that. You may brand it facturers might be tempted to ship all their: compound _lard abroad, cotton-seed oil if you want to, bat take off the tax and do not raise ..... thus escaping both the tax and the liarassmg regulations thrown the price of it to the people who want to use it, and make it more about it when sold in this country. In this way the foreign market expensive to Americans than to foreigners. wonld be largely, if not entirely, given up to compound lard, while [Here the hammer fell. J the ho" men havin" the home market entirely to themselves would Mr. CATCHINGS. I ask unanjmous consent to have the ex.tract find it ~asier to exa~t the additional 4 centa a. pound for their lard. read which I send to the Clerk's desk. I want to know, also, Mr. Speaker, if this is a. good product, as we The Clerk read as follows: all concedo now, so far as n.ntrition and wholesomeness are concerned, Oleomargarine has found a stalwart defender in the Rhode Island Knights of La why it is that the English and :French and German people should bor, who declare that "the attempt to crush out of use by legislation one of the ..,.. . be allowed to buy it cheaper thau our own people are allowed to most brilliant discoveries of the age, namelyJ.,the manufacture of butter from the ' .. buy it. We are not the guardians of these people abroad. It is not fat of cattle, is a libel upon cirjli.zation." ·..Chen follows such a eulog-y as would be expected from this introduction. The assertion is made that. the New England our business to provide them with cheap food. On the contrary, we wacre-earners have pa.id the Unit.ad States Treasury $2,000,000 since the imposition should, so far as we can, make things cheap for our own people. In of the tax, and this is called creating "a monopoly on the necessities of life." fact th\s duty ii; made the basis of all this doctrine of protection Mr. CATCHINGS. It will not be long before similar resolutions which our friends on the otlier side worship so. They persist in say will be passed with regard to this bill if it should become a law. ing that in the course of time protection will give cheapness. They J\fr. BROSIUS. I yield ten minutes to the gentleman from Michigan . say cheapne~s is the object and necessary ult~n;iate resu.lt of protec [Mr. Buss]. , tion, which lS supposed to beget such com~t1t10n that m thecourse Mr. BLISS. Mr. Speaker, I lend my support to this measure for sev of time we necessarily get cheapness as the·outcome. eral reasons which I consider of the ~reatest importance. The farmers No man bas ever said, and n-0 man will ever say, th.ut experts can tell the difference between it there was no petition before this House asking for the passage of this and hog's lard. This, gentlemen, is their i:;tatement on this point. measure. I have here before rue petitions that have been sent to our It must be a good thing if that is true. Here is what the committee committee at1king for the passage of this bill from every State but say: two in this Union; also from the granges and alliances in the different It. so closely resembles refined lard in its common appearance that unskilled States, demanding the passage of this bill. I have also, as my friend conE.>umers would be unable to distinguish one from the other. from Illinois to-day referred to, petitions of labor organizations de That amounts to saying that the product is as good as la.rd. If I manding its passage. can not tell it from lard, how am I hurt! I have the letter which was read by my friend this afternoon, from Now here is a food product, which is so good, which is so close an Mr. Beaumont, chairman of the legislative committee of the Knights imitation of your common product that my .Brother HATCH himself of Labor, favorin~ the passage of this bill, which I shall incorporate cou1U not tell one from the other1 fond as he is of pork and as de in my remarks. l said all the States of the Union but two; those voted as be is to the interests of the great American hog. If that are Florida and Arkansas. I have also a letter of the same purport be troe, what harm can there be in it Y But now, seriously, Mr. from the State grange of Michigan, from Thomas Mars, secretary, Speake~, we are all content, fro_m our sec~io~ of the country, that and also from Joseph Woodman, from Pawpaw, Mich., a member of this article shall be marked for JUSt what it is. I want to say now the legislative committee of the State grange, demanding this kind that I do believe that the diseovery of cotton-seed oil is going to of legislation. Also a letter from W. H. Nelson., of White Haven, of effect a great revolution in all the food products of this country. Tennessee, and others, which I will incorporate. We have only dealt with the question on the surface. Now, gentlemen rise on this floor and say that there is no demand No man can tell what will come to pass when we extract from the by the people of this country for such legislation. cotton seed all the oil which ca.n be expressed out of it. It will be Mr. MCCLAMMY. I hate to interrupt the gentleman, but I would com})OUn '•, '· ·- . I ., - 8980 CONGRESSIONAL RECORD--HOUSE. · -. AUGUST 21, tbe matter before the committee, and I for one, as a member of this substitute cheaper leather. Shall the same methods be allowed in body, propose to cast my vote for a measure that will do the greatest the manufacture of these food compounds f It seems to me there gootl to the greatest number. and so long as I am a membei- of thi1:1 shoald be the strictest supervision, and the expense of that supervis body I hope that my voice will be raised in defense of the weak.er. ion should not be borne by a tax upon some honest industry. 'Ve all know that the commodities of the farm have been depressed By this bill, instead of depriving the poor man of a cheap substi somewhat. For instancA, take beef. What bas done thatT Well, tute for lard, we are protecting his 1ealtb and the health of his we will get at that matter later, and strike a blow at the Big family from the snare set by enterprising men with the glittering ·Four, I hope. bait of cheap food. If, with the fall knowledge of the facts, people Now, Mr. Speaker, I . - . - ·.... .· •. / 1890. •· CONGRESSIONAL RECORD-HOUSE. 8981 whit.e and embrace farmers, merchants, doctors, and meebanfos. Not one has re I wish you every success in placing the farmers and their interests in a trne fnsed or declined to sign, to whom I have pres~nted them, but all expressed them· light before the committee of Congress, and you can rest 11.ssnred of any assibtance selves decidedly in favor of the Conger !llld other bille in tbe interest of pure which I can at any time render. foods. Yours, truly, We do not apprehend that the Conger bill, if it became a law, will affect the W. H. NELSON. sale or me of cotton-seed oil. Were these mea~nres proper1y presented to our :Maj. A. J. WEDDERBURY. negroes, I believe they would favor them. Very truly, T. J . .A.BY. Numbe1· ana val~e of hogB in the BeveraZ States and Territorus in 1688. A. J. WEDDKBBURN, P. 0. Boa; 33, Wa1hi11gton, D. C. Average States and Territories. Number. price. Value. .A. Georgia farmer on the Oonger bill• .AUGUSTA, GA., May 7, 1890. Maine .••...... •..••.••••.•.••••.•..•••. 73, 188 $9.13 $667, 917 MY DEAR Srn: Your favors in regard to petitions for the passage of bille to pre· New Hampshire ....••. -. -. -...... •••..•. 54, 899 11}.93 594, 311 vent the adulteration oflard and food were duly received. The bill known a.s the Vermont ...... •.•••...•.••...... •••.••.•. 76, 353 9.02 688. 385 Conp:er bill is opposed by the cotton States because they say it will iuJure the Massachusetts .••••.•..•..••••••.•.•.•.••. 65, 314 10.30 672, ~2 cotton-seed--0il industry. I am an Alliance man-president of a suball1ance in Rhode Island . -.....•••.••••••...... 13, 261 !l.50 125, 978 thierely con Connecticut ..•...... •...... •••••....•.. 61, 776 9.09 561, 543 demn all frauds. The bulk of the cotton-seed-oil mills in the South are run in the New York ...... 6~6. 390 8. 45 5, 803, 084 interest of syndicates, who have JlO use for the farmer except to get hiR seed. New Jersey ..••••...... •••.•.••••...... 191, 818 9.19 I, 762, 326 They impress him with the idea that the meal after the oil is extracted isjmt at Pennsylvania ...... ••••.• _...... _ 1, 027, 477 8. 03 8, 254, 748 good for fertilizing purposes as the pure seed, which is a false representation. Is Delaware ..••.••...... •...•.. ..•..•••••.... 42,6M 6. FO 290, 048 has been practically demonstrated in this county, of Richmond, that unpressed 281, 997 6.24 l, 756, 621 seed are worth fully a fo•uth more for fertilizing than the meal. ¥~il!.fa~.::::: :::::: :::::::::: :: ::: ::::::: 8ll, 362 L34. 3, 521, 313 I am most heartily in favor of the bill to prevent the adulteration of, food. North Carolina •••••••••.•• _•.•• -...... 1, 266, 438 3.53 '.4M, 19' Each snbp:range and alliance should drau~ht resolutions and 1Jend to their Sena Sou th Carolina .••..•• _••.•..•••••••••.•... 550, 166 3.92 2,159,072 tors and Rtopresentati>es at Washington. Every prominent granger and alliance 1, 534, 189 3.17 4, 859, 083 man should write their Representatives to urge them to pass the bill. ~~;;r: ::: ::: :::: :: ::::::: ::: :: : :::: :::::: 307, 051 2 05 628, 840 With best wishes for your success, l, 376, 148 3.39 4, 661, 014 I remai11, most respectfully, yours, 1, 2"26, 689 B.10 3, 801, 754. J. P. H. BROWN, ~J5i~:::: ::: ::::·:: :: ::: :: : :: ::: ::: ::: 573, 821 3.08 1, 769, 663 Pre&ident Rock .Alliance, No. 1515, Richmond Oounty, Georgia. Texas.-·····-··············· ...... 2, 279, 082 2.80 6, 436, 128 ALEX. J. WEDDERBURN. Arkansas .•.•...•.•.•...•.•••••••...••.... 1, 538, 36o 2.56 3, 938, 202 Tennessee ...... •••••. -...... •.•..•.•.... 1, 853, 070 S.66 6, 77'-, 8'25 ' .. From. Secretary South Carolina State Grange, West Virginia .••••••••..•.•.••••••••••••. 43:.l, 778 4.20 1, 819, 744 1, ';18, 173 4.27 7, 329, 727 POMARIA, NEWBERRY Com."TY, s. C., Februarlj 26, 1890. ~hlot~~~::: :: :: : : ::::::::::::::::::::: ::: 2, 008, :w. 5. 72 15,261, 021 J. H. BRIGHAM and JoHN TRIMBLE, Mic1'ip:an ..••.•..•..••.•••.••.•.••.•..•... 906. 255 $6.39 $5, 71'9, 700 Legislative OommitteeNational Grange, P. of H.: 2, 371, 080 5.~ 14, 082, 349 In readin11: the proceedings of the National Grange, November, lfl89, I observe 3, 102, 945 6.47 20, 088, 468 that the grange indorsed the "pure-food and pure-lard bills" now pending in Wi~E1~a~~: ::: :: ::::::::: :: ::: :: : :::: ;::::: l, 123.866 6.02 6, 766, 798 Congress. The action of the National Grange in the matter of "pure food and lard" Minnesota .••••••.•.•••.••.••.•.••••••••••. MD, 793 5.92 3, 25', 775 meets my most hearty approval, and I trust that Congress may be ind.need to pas~ 4.148, 811 6. 74. 'l!l, 969, 624 the acts referred to as conducive to the health of the country. lt is aatounding ~~o~;i· :::: :::::::::· · :: :: ::: :::::::::::: 3, 798, 799 B.06 15, 043, 2'8 to learn from reliable sources the impurities in food as practiced upon consumers, Kansas. - .••••••••••.....•••.•••••••••••••. 2, 377, 561 5.66 13,457,"9 and it is due to all that the pernicious practice of adulteration should cease by Nebraska .••••••.•...•.••.....•••••••••••. 2, 334. 525 5.72 13, 341, 813 the enactment of r,tringent laws ; and to Congress we look for protection. California ...•..•.. -- ..•••••.•.••••••••..•. 1, 047.~2 4.62 4, 836, 000 Yonra, fraternally, 220,7~ B.01 66-i, 819 THOS. W. HOLLAWAY, S. S. O. S. G. ~~~ad~:::::::::::::::::::::::::::::::::::: 21,087 5.30 lll, 846 Colorado .... -..•.....•..•..•.•.••••••••••. - 23, 419 6- 54 153, 103 Arizona .....•••...•...••..•••••••••.•..... 16,441 5.75 94, 636 Dakota ...... ••••••••••••...•.••••...•. 533. 970 5.94 3, 173, 918 From Sccref,m•y North Carolina State Grange. Idaho.-····· - ••.•••.•..•. - ....••••••••..••. 42, 150 6.00 252, 900 MOU1'T PLEASANT, March 4, 1890. Montana .....•••••••••..•.•••••••••••.•.•.. 22, 2S9 6.77 150, 898 J. H. BRIGHAM and JOHN TRIMBLE, New Mexico ...... 19,9H 5.64 112,466 Legi8lative Commiltu, National Grange. P. of H. : Utah •••••..•••••••••.••...•.••.•••••••.••. 40, 118 7.15 286,MG In answer to the letter of legislative committee of National Grange, I send you Washington ... -.•..••..•.•...•.••..••.••.. 91, 054 5.01 455, 997 a copy of Times, published at Concord, containing editorial. all or any pa.rt of 2,613 6.64 17, 358 which is at the service of the committee. I am in sympathy with the work of the i!ai~T~rrti~r;;: ·:::. :: ::·.: ·.:::::::: :::: :-. ------841, 500 2. 50 , 2, 103, 750 committee so far as that bill is concerned, and hope that yon will be successful in ______e;ettingtbe bill throu~h. I do not believe in the principle of protection, as a tariff Total . . . • . • . . . . • . . . • • • • . • . • . • . • • . • . • . 44, 346, 525 4.98 220, 8ll, 082 . measure, but I do think that in the matter ot pure food, pure drugs, and pure t _ ... - everything common justice requires that every nrticle put 011 the market should be sold for just what it is and notbini;t else. .Average price of hog1 from 1883 w 1890. With best wishes, fraternally yours, H. T. J. LUDWIG, S. N. C. S. G. Year. Price. Year. Price. Letter of Mr. W. H. Ne'lion, master State /• .:. .· ; I - . ( . ; , /. 8982 CONGRESSIONAL RECORD- HOUSE. AUGUST 21, Priu of prime 1team lard lince 1883, from Mr. OUiver. From .Maste1· Kentucky State Grange. NEWSTEAD, KY., March 1, 1890. Year. Price. Year. Price. J. H. BBIGRAH and JOHN TRIMBLE, Legi1lative Oommittee National Grange, Patrons of Husbandry: Th~ matter of pure food and medicines, and especially of pare lard, is of such Oents. OentB. vast unportance not only to farmers, who are the main producers of pure food but also to every citizen who eats or is necessitated to take medicine, th11.t no eft'oit 1883 ..••.••••••• ·••••••••••••••· 10.12 1887 ••••••••••••••••••••••••••. 6. 3 1884' .•••••••.•••••••••••••••.••. 8.6 1888 ••••••••••••••••••••••••••• 7. 2 should b.e spared to induce a favorable report from the Committee on Agricultnre on the bills now pendinjr for the prevention of such adulterations and their speedy 1885 ••••••••••·• .••••.••••••.••. 6.6 1889 .•••••••••••••••••• •••••••· 6. 7 6.0 pasMge by Congress. The farmers all over the land in their organizations have 1886 •••••••••••• •·•••··•·••••••· spoken out in no uncertain sound on this subject and demand the:paasage of these pure-food laws, not as clase legisbtion, but as a matter of simple Justice, not only Statistics of cotton-seed oil. t.o themselves, but to every honest producer of food and medicines. Total annnal prodnction, about 28,000,000 gallons, or ..•••.•. ponnds .. 210, 000, 000 No honest man can object to the principles of honor and fair oealing being ap Valneon present market ...... •.•••••....•...•.•••.••••••...•..• $10,j)OO,OOO plied to all commercial transactions, and that it is just what we ask; sell every Used in production of compound lard .....•.•••••.•••••...•. pounds.. 70, 000, 000 thing for what it is, not for what it is not. The farmers are looking to their members in Congress to see to it that these w.1.tolesome measures are passed, and if they fail Value of which is about...... $3, 500, 000 to carry out the wishes of the people they must expect to be called to strict Statement of Mr. Bingham. account before the people when they return to their constituents. Mr. J. H. BnmIIAM. I want to answer the question asked by one of the gen Millions of farmers are now organized and intend to look with watchful care to tlemen before starting out. I will say that the legislative committee of the their own interests, and our representatives must govern themselves accordingly National Grange, understanding that there was a strong effort made or press or expect to moot deft.at at future elections. ure brought to bear upon the committee, reported the fact to the people in the Very respectfully, State and they all reported in favor of this legislation. I want to say that so J. D. CLA.RDY, far as J.P. Squire & Co. are concerned I do not represent them. I do not Master Kentucky State Grange. know anything about them or care anyihinj? about them. I do not appear here to defend their cause or represent them at all. But the farmers believe tltat they suffer because compounded goods and im Adulteration of lard. ' I pure goods are sold as honest goode, that is, as the pure products. They be Mr. CmrnE.R. Mr. Speaker, I a.qk nnanimous consent to have a concurrent reso lieve that they have suffered in consequence of it, and hence they generally fa.· lution of the Legislature of the Statf1 of Iowa printed in the RECORD and referred vor legislation that will give notice to the consumer of Just what be buys, and to the Committee on Agriculture. It relates to a. kindred subject to that referred then if he wants the pure lard he is sure of getting It if the law compels the to by the ~entleman from Arkansas a moment since. manufacturer to brand it just what U is. And if be desires this compound, he The 81'RAKER. Without objection the concurrent resolution of the Legislature can buy that, and buy it for what it is worth. of the State of Iowa will be printed in the RECORD and referred to the Committee .As a repre entativeoftheNational Farmers' Organization, lwillsay-thatithas on Agriculture, been considered in our meetings, and in those meetings representatives, actual There wa!\ no objection. farmer,j who were able representatives, have appeared from every cotton-growing It is as follows: State for threo years; and in those mootings thev have considered these same "Whereas gross and unprinci~led adulterations of lard are,made by the mixture propo~itions, and they are unanimous in claiminj? that they have no right and do of cotton-seed oil and other inferior oils with pure lard; and not ask that cotton-seed oil be compounded with lard and sold as lard. They are " Wherea.q such a mixture is put up by the great syndicates of packers in the willing it should sell upon its merits. We do not ask that this cotton-seed oil be United States and sold as pure steam-refined lard to the consumers of this and soltl as anything else but oil, antl we do not ask that anything else be put with it foreign countries, which practice is seriously detrimental to Iowa farmers; and to effect or interfere with its purity. They occupy the same position. All we ''Whereas such ~ractice is nnj nst and ruinous to tho hog-raisers of Iowa and ask for, as fat·mers, is that we be protected from the impositions that have been the Great West: Therefore, placo;:l upon the consnmHs. The people are suspicious of what g"oes into Chicago; "Be it resolved by the senate (the hotue concurring), That our Senators and Rep they have been suspicious over since they have ascertained that car-load after sentatives in Congress are earnestly requested and urged to introduce and vote car-load of hogs that have died with cholera have gone into that city and after for a law looking to the punishment of such fraudulent transactions and comfel wards come out, na it is understood, as pure refined lard. They are people who ling vendors of adulterat~ food, and especially lard to label it with the name o its do not want to consume such an article if they know what it is. And we believe constituent elements and the quantity of each ingredientusedinformingthe com that the interests of the consumers and producers will be protected and promoted pound. by legislation that will cause very careful inquiry into the manufacture of all "The secretary of the senate is Instructed to send a. copy of Ute resolutions to these food products. our Sena.t-0rs and Representatives in Congress. "I hereby certify that the foregoing concnrrent resolution passed both branches Petition of Oincinnati Pork-Packers' A.B1ociation and sixty-one others a1 to adulter of the twenty-third General Assembly on tho 4th day of March, A. D. 1890. ated. lard. 11 w. R COCHRANE, "Secretary of S1mate." CINCD.'NATI, Omo, Febrnary 16, 1888. To the honorable the Oommittee on Agriculture of the House of Representatives, Washington, D. 0.: .Memorial of the Butchers' National Protective AsBOciation to the SmafA and House of Representatives of the Unilld. Statea in Oongress a1sembled. The undersigned, pork-packers and bog-prod.net and live-stock dealers of the city of Cincinnati, would respectfully petition you to favorably consider the bill The great product known in commerce as lard has for some time past been, and for the protection of pure lard and the regulation of the spurious compound man is now, so counter!eited and adulterated that the consumer rarely, if ever, is al>le ufactured and sold as refined lard. to procure the pure article. The ingredients used in this counterfeit are of such We would iespectfnlly represent that the trade in pure lard to consumers bas a cheap and inferior grade that they have practically driven the pure lard from been greatly damaged by the competition of the cheap and unwholesome com the market. pounds, composed of lard, cotton-seed oil, tallow, greases, cay, water, and other cheapening materials, which, by the a.id of chemicals, are made to represent lard l\Ir, BROSIUS. I yield ten minutes to the gentleman from Iowa. in outward appearance so closely that onJy the most skilled can detect the differ [Mr. LACEY]. ence, and are being daily palmed off, under misleading and fraudulent brands, on Mr. LAVEY. l\Ir. Speaker, coming as I do from a State tliat owns unsuspectin~ consumers as pnre lard. from $28,000,000 to$30,000,000 worth of hogs, nearly double as much as Under tbeRe cbeapenin~ methods lard bas been reduced from being the most valuable product of the bog to the vext to the lowest, and is fa.st becomina unsal any other State in this Union, I naturally feel much interest in the able, except to these compounders, both at home and a broad, it being weif under pending question before the House. We have beardatvery great .· stood that the bad repute into which American lard bas fallen because of this length from several gentlemen, especially from my friend from Mis adulteration bas furnished foreign Governments an opportunity of making a war sissippi [Mr. MORGAN], a. description of what constitutes hog's la.rd, on this great product, which they have zealously and effectively used to the det· rimentoftbe whole trade. a description that naturally brought to the mind of tho gentleman The packers' product is thus much reduced in value by the unfair competition, from Pennsylvania[:Mr. BROSIUS] the lines from Macbeth descriptive as is also the value of live bogs, so that all farmers who are breeders and feeders of the witches' caldron. of hoe;s in the country are direct sufferers, the value of their hogs being much re It is horrible stuff, they tell us. Then, my friend, why imitate it 7 duced, without any compensating advantage. Because of the unpalatable reputation lard has attained by thi . -1890. CONGRESSIONAL RECORD-HOUSE. . ' I 8983 ... drinking, unless he has produced the article himself. But the par willing victims of fraud too long to wish to profit by fraud perpe ties engaged in such frauds are not too conscientious to use materi trated upon some one else. Clamoring as they do for an honest als of the most deleterious character1 where such materials will an count, they will never be found asking for dishonesty in food. swer the purpose and can be purchased more cheaply than more The colored man is appealing to Congress to do away with fraud, wholesome articles. and 1 hope the appeal will reach the conscience of my Democratie From Iowa no uncertain voice has been heard upon this question. friend from Missouri [Mr. HATCH]. We will commence on lard and From every part of the State and from all classes has been heard a finally we will come up to other frauds perpetrated in this country. demand for the passage of a bill to protectthe great hog staples from "Let every tub stand on its own bottom." lf cotton-seed oilis the the depreciation caused by fraud. good thing they say it is, it does not need to masquerade as lard. Iflard We have just passed ameatinspection bill, sothatthehogproducts is the filthy thing it is claimed to be by the opponents of this bill it which go to Europe may have the seal of honest inspection to assure would never be interfered with by a counterfeit. It is useless to say all consumers that the meat products of this co1l.Iltry are pure and that lard is an inferior article when they seek to counterfeit it. No wholesome. When Bismarck got into the trough himself and one counterfeits the note or check of a "ti-amp." crowded the American hog out of the German markets, he did it Men imitate something that has a record or reputation, something under the pretext that our bacon was unwholesome. that will sell in the market. Shakespeare should not be labeled The meat inspection law will deprive the German Government of Bacon, nor cotton-seed oil marked family lard. Hypocrisy is the this false ground for exclusion of our products. And when the highest tribute paid by vice to virtue; and so the imitation or coun fraudulent producers of bogus lard seek to crowd out genuine hog terfejt:ing of an article is the highest praise that can be bestowed J>roducts from the American markets they commence with the as upon that article. Nothing is counterfeited but what is good, and sumption th"S..t the genuine article is an unwholesome and unhealthy when these men concede that the name of "lard" is worth something one. . aa an inducement to the purchase of the article they: concede away To allow a spurious compound to enter into a disguised competi their whole claim. They concede that cotton-seed oil will not sell tion with our great agricultural staple is to permit the first step to in the markets unless under a fictitious nn.me. The falsehood of the be taken to destroy that staple. charges against lard can not be more readily disproved than by the The question of furnishing honest lard for all markets is one that admission that it is profitable to counterfeit it. ought to interest all Americans. One great industry should not be [Here the hammer fell.] permitted, in disguise, to undermine and destroy another. If cotton Mr. McCLAMMY. Before my friend takes his seat I would like is king by divine right, it should not attempt to rule under the dis him to answer just one question, and I will give him the time. A guise of lard. man who does not ask ::i. question when he wants information re Mr. Speaker, in the State of Mississippi, from which we have so mains ignorant, while by asking it he may get information. much opposition to this bill, the annual hog product amounts to Mr. LACEY. .Ask yom.· question, then. onJy about $1,000,000. The hogs there are built for speed [laughter], Mr. McCLAMMY. I want to hear the gentleman tell the differ as some of my soldier friends here who were upon the Confederate ence between "compound Jard" and "lard compound." side and also some upon the Federal side well remflmber. There is Mr. LACEY. The difference is the same as the difference between no lard in them; so that the people are compelled to go to the cot tweedledum and tweedledee. ton field for their lard, and it is very natural that gentlemen from Mr. McCLilIMY. That is exactly what I expected you to say. I , that part of the country should rise here in defense of the cotton !.Ir. LACEY. And the difference between ''compound lard" or seed oil product rather than the pure juice of the hog. It is natural "lard compound" and lard is about 99 per cent. they should take that course; but let the article be sold under its Mr. McCLAMMY. I do not understand the gentleman's figures. own name. Mr. LACEY. Wel1, they have it graded all the wa.y from GO per The razor-backs which roam the canebrakes of northwestern Mis cent of cotton-&eed oil up to 99 per cent. sissippi do not take to fat kindly, but it does not follow that the }.Ir. MCCLAMMY. Is that "lard compound'' or "compound cotton-seed oil of the Tallahatchee, the Yallabusha, and the Yazoo lard Y" should be sold as the original hog products of Kansas, Nebraska, and Mr. LACEY. The cottolene which was brought in here to-day Iowa. they say has not any lard in it, not even enough to flavor it, yet The gentleman from lliinois [Mr. MASON] told us to-day that at nobody can tell the difference between it and lard except by the one time the makers of this "refined lard" were induced to change label. . the name and call it "compound In.rd" or "lard compound." They Mr. McCLilfMY./I am advised that I am consuming time by ,· were gilding refined gold, painting the lily. This elegant com these questions, "Qut I am not Ratisfiecl with the gentleman's an- ' pound that has been described by my friend from :Mississippi they swer. called "refined lard." They put the refined substance of cotton-seed Mr. LACEY. And in conclusion, for my time is up, I wish to add oil into it, but still they called it "lard;" yet nothing in the name that this legislation, commenced with oleomargarine, will not end or label indicated that there was anything in it but the product ~f with lard, but in the encl should result in suc)l_ laws as will make tlie hog. pure food the invariable rule as to every article that is produced in The gentleman from Illinois stated that .l'tlr. Fairbank volunta the United States. rily changed his trade-mark and called his product" compound lard" Mr. BROSIUS. I yield, ten minutes to the gentleman from Missouri or "lard compound;"· but my friend substantia.Uy conceded away [Mr. NIEDRINGHAUS]. all the merit of the claim that he made for Mr. Fairbank when he Mr. NIEDRINGHAUS. Mr. Speaker, I had not intended to speak said that that change was the result of an investigation in Congress; on this bill and am, consequently, without any prepared speech.. But, that the opponents of this product and this manufacturer, Mr. Fair after listening this afternoon to the heated discussion on both sides of bank, met before the Agricultural Committee of the House, and the House, it seems to me to be my duty to express myself in a very that finally Mr. Fairbank agreed to change his brand to "com few remarks upon this subject~ . pound lard" The farmers of my district are not a hog-raising people. I have con Mr. STOCKDALE. Will the gentleman explain the object of the sequently no political interest in this bill. From the city of St. Louis tax:T I have received petitions on both sides of this question. I am therefore _. Mr. LACEY. The object is this: we can not reach this product in at liberty, withou~ doing injustice to my constituency, to vote on this any othtr way. There is a constitutional question involved, and the question as my conscience shall dictate. gentlemen who are endeavoring to force compound lard down the In principle, I am opposed to this Government grantin~ a license to throats of the American people under the name of "refined lard'' or anybody to manufacture any imitation or adulteration of any article "pure lard 11 can not be reached by Federal legislation except in that of commerce. I am in favor of the greatest liberty which the proper way. The same difficulty arose in the case of oleomargarine. State order of society will permit. Such was my position upon the original laws are not sufficient. It is true that Illinois has passed a law re pac~e measure, although the bill was so drawn that I was unable to quiring a certain stamp or brand to be put upon this compound, but vote on it either way. that stamp is put on the head of the barrel, and when the lard goes Mr. HATCH. Will the gentleman allow me to ask him a single to Mississippi or elsewhere the first thing the merchant does is to question? knock in the head, and then the brand is gone and he scoops out - this "compound lard" and sells it for genuine lard at 3 or 4 cents a Mr. NIEDRINGHAUS. If I yield, how much additional time will pound less than honest lard could be sold. you give me? The question here is the same question that was involved in the .flfr. :McCLAMl\IT. I can not give the gentleman any of my time. oleomargarine case. It bas been decided that we can control the Mr. HATCH. I believe I will not interrupt my colleague. sale of these articles through the internal revenue taxin~ power, Mr. NIEDRINGHAUS (addressing himself to Mr. HATCH). I will and, as I understand, this bill has been based upon the prmciple of come out all right; we will join hands at the conclu ion of my remarks. the oleomargarine law. My friends on the other side of the Honse Mr. HATCH. I do not want to take up my colleague's time. say that this is a "contest between the African and the hog," and Mr. NIEDRING HAUS. I will call upon my friend from North Car for once they are on the side of the African. No doubt their colored olina. "I Mr. McCLAMMY. No, sir; I can not yield you any time when my constituents will be glad to know that ther~ds at least one animal ·.' .. & on the face of the earth that they are not expected to play second brother HATCH interrupts you. fiddle to. [Laughter.] Mr. NIEDRINGHAUS. I have no prepared speech, and I hope I Negroes raise cotton-seed, it is true, but they have been the un- shall not be interrupted a great deal. AB I was stating, I am in favor '· . ' ,.. , ':' .- 8984 CONGRESSIONAL RECORD-HOUSE. AUGUST 21, . of the greatest personal liberty consistent with the good or 1890. CONGRESSIONAL RECORD-SENATE. 8985 Mr. BINGHAM, from the Committee on Merchant Marine and Fish Also, petition of 270 colored voters, citizens of Madison, Limestone, eries, reported favorably the bill of the House (H. R. 11655) to provide Morgan, Lawrence, and Colbert Counties, Alabama, proteeting against American registers for the steamers Stroma and Marco Aurelia., accom the passage of the same measnre--to the Committee on A~iculture. panied by a report (No. 2994)-to the Honse Calendar. By Mr. RANDALL: Petition ot Albert G. Brook and others, of Nan ,· tucket, Mass., for p~ge of laws for the perpetuation of the national BILLS AND JOINT RESOLUTIONS. ba.nking system, under which the interest of depositors is protected by Under clause 3 of Rule XX:Il, a bill of the following title wa.s in Government supervision-to the Committee on Banking and Currency. troduced, read twice, and referred as follows: . By Mr. ROBERTSON: Petition of Washington West, of Madison · By Mr. WHEELER, of Alabama: A bill (H. R. 11805) to establish a Parish, Louisiana, for stock and cotton appropriated to use ofthe United port of delivery at Florence, Ala.-to the Committee on Commerce. States Army during the late war-to the Committee on War Claims. Also, petition of Johnson Hompier, of same place, for same relief t-0 the Committee on War Claims. PRIVATE BILLS, ETC. By Mr. WILSON, of West Virginia: Petition of Jaeob Ray and 33 Under clause 1 of Rule XXIT, private bills of the following titles others, of Randolph and Tucker Oounties, West Virginia, in favor of - . , were presented and referred as indicated below: Honse bill 8828-to the Committee on Military Affairs. By Mr. ELLIS: A bill (H. R.11806) for the relief of W. A. McCor By Mr. WRIGHT: Petition of citizens of Alba, Bradford County, mick-to the Committee on War Claims. Pennsylvania, in favor oforiginal·package bill-to the Committee on By Mr. McCARTHY: A bill (H. R. 11807) to remove the charge of the Judiciary. desertion against John Smith, of Company I, Eighty-second Regiment New Jersey Volunteers-to the Committee on Military Affairs. By Mr. MOFFITT: A bill (H. R. 11808) to remove the charge of de l!lertion from the name of Matthew Clifford-to the Committee on Mil SENATE. itary Affairs. FRIDAY, August 22, 1890. By Mr. REILLY: A bill (H. R. 11809) for the relief of the estate of Holmes Sells-t-0'theCommitteeon War Claims. The Senate met at 10 o'clock a. m. By Mr. ROBERTSON: A bill (H. R. llelO) for the relief of William Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. W. DouglMS, administrator of Rebeeca V. Packer, deceased, of East The Journal of yesterday's proceedings was read and approved. Feliciana Parish, Louisiana-to the Committee on War Claims. Mr. VEST. I suggest that there is no quorum present. Also, a bill (H. R .. 11811) for the relief of Johnson Hampier, of Mad The PRESIDENT pro tempore. The Secretary will call the roll of ison Parish, Louisiana-tot.be Committee on War Claims. the Senate. Also, a bill (H. R.11812) for the relief of Washington West, ofMad The Secretary called the roll; and the following Senators answered ison Parish, Louisiana-to the Committ~e on War Claims. to their names: By Mr. SIMONDS: A bill (H. R. 11813) to correct the military rec Aldrich, Dawes, Manderson, Teller, Allison, Dixon, Mitchell, Turpie, ord of Patrick Mackin-to the Committee on Military Affairs. Bate, Faulkner, Power, Vance, Berry, Gorman, Pu~h, Vest, Blair, Hale, Quay, Walthall, PETITIONS. ETC. Casey, Hampton, Ransom, Washburn, Cockrell, Harris, Rea2"1Ln, Wilaon of Iowa. Under clause 1 of Rule XXII, the following petitions .and papers Coke, Hiscock, Sanders, were laid on the Clerk's desk and referred as follows: Cullom, Hoar Sawyer, By Mr. CHIPMAN: Remonstrance of Detroit Board of Trade against Davis, Ingalls, Spooner, granting to private corporations a lease of north pier, ""Buffalo, N. Y.- Mr. QUAY. Jn explanation of the absence of my colleague [Mr. to the Committee on Commerce. · CAMERON], I desire to mention that he was called from the city yes· By Mr. ENLOE: Petition of Methodist Episcopal Church of Moscow, terday on important private business. Tenn., for rnference of claim to Court of Claims under provisions of the The PRESIDENT pro t.empore. Thirty-seven Senators have answered Bowman act-to the Committee on War Claims. to their names. A quorum is not preeent. By Mr. FITHIAN: Affidavit of Rohert Plunket, of Palestine, Ill., in Mr. HARRIS. I move that the Sergeant-at-Arms be direct.ed t-0 re ..... ihe case of Andrew J • .Plough, the same being Honse bill 11784-to quest the attendance of absent Senators. the Committee on Invalid Pensions. The PRESIDENT pro tempore. The Senator from Tennessee moves Also, paptrs to accompany House bill 11756 for increase of pension that the Sergeant-at-Arms be directed to request the attendance of ab· of Edward T. Wolf-to the Committee on Invalid Pensions. • sent Senators. By Mr. HITT: Petition of Joseph P. Bell, and 10 others, citizens of The motion was agreed to. Carroll County, Illinois, in favor of House bill 8248-to the Commit The PRESIDENT pro tempore. The Sergeant-at-Arms will execute tee on Agriculture. the order of the Senate, being furnished with a list of absentees by the By Mr. JOSEPH: Petition of the Commercial Club of Albuquerque, Secretary. N. Mex., praying for the confirmation by Congress of the Albuquerque Mr. CARLISLE, Mr. DANIEL, and Mr. McPHERSON entered the town grant-to the Committee on Private Land Claims. Chamber and answered to their names. By Mr. LESTER, of Georgia: Petition of H. A. Bennett and othertl. Mr. FAULKNER. I wish to state that my colleague [Mr. KENNA] of Appling County, Georgia, for improvement of Galveston Harbor, and is detained from the Senate by reason of sickness. an appropriation therefor-to the Committee on Rivers and Harbors. Mr. JONES, of Arkansas, entered the Chamber and answered to his Also, petition of W. D. Griffis and others, of Pierce County, Georgia, name. -... for same purpose-to the Committee on Rivers and Harbors. The PRESIDENT pro rempore. The senior Senator from Vermont Also, petition of J. :M. Murphy and 38 others, of Bullock County, [Mr. MORRILL], the junior Senator from Vermont [Mr. EDMUNDS], Georgia, for flame purpose1 to the Committee on Rivers and Harbors. and the Senator from Mississippi [Mr. GEORGE] are absent from the Also, petition of F. R. Farrar, president Farmers' Alliance, of Effing service of the Senate on leave. ham County, Georgia, in favor of House bill 8648-to the Committee on Mr. BLAIR. I will state that my colleague [Mr. CHANDLER] is absent by reason of ill health. · Agriculture. : I Also, petition of same persons in favor of the pare-lard bill, H. R. :Mr. CASEY. My colleague [Mr. PIERCE] is ne~rily detained 283-to the Committee on Agriculture. from the Chamber, having been called away by illness in his family. Also, petition of T. J. Jones and 21 others, of Ware County, Georgia, .Mr. 4LLEN, Mr. BARBOUR, and ?t!r. EvARTS entered the Chamber in favor of House bill 8648-to the Committee on Agriculture. and answered to their names. Also, petition from W. B. Hargreaves and 20 others, of the First Con The PRESIDENT pro tempore (at 10 o'clock and 12 minutes a. m. ). gressional district of Georgia, for same purpose-to the Committee on Forty-four Senators have answered to their names. A quorum being Agriculture. . present, if there be no objection, further proceedings under the call Also, petition of same persons, in favor of House bill 283-to the will be dispensed with. Committee on Agriculture. PETITIONS AND MEMORIALS. Also, petition ofT. J. Jones and 21 others, citizens of Ware County, :Ur. BUTLER presented a petition of residents of Anderson, S. C., Georg~, in favor of House bill 283-to the Committee on Agriculture. By Mr. MOURE, of New Hampshire: Petition for the perpetuation praying for the passage of what is known as the "pare-food" bill; which was ordered to lie on the table. of the national-banking sy~tem-to the Committee on Banking and ·,. Currency. REPORTS OF COMMITIEES. By Mr. OATES: Petition of 105 colored voters, citizens of Montgom Mr. SAWYER, from the Committee on Pensions, to whom were re· ery County, Alabama, protesting against tlie passage of the Conger ferred the following bills, reported them severally without amendment, ~mpound·lard bill-to the Committee on Agriculture. and submitted reports thereon: Also, petition of 143 colored vote.rs, citizens of Dallas County, Ala A bill (H. R. 10202) j!;ranting a pension to 0. E. Hukill; .- bama, protesting against the passage of the same measure-to the Com A bill (H. R. 8059) granting a pension to Mrs. Emma. A. Stafford; .,, mittee on Agriculture. A bill (H. R. 1~66) granting a pension to Mrs . .Mary Ewald; .. : ... . -......