4536 CONGRESSIONAL RECORD-SENATE. APRIL 23,

Christian Association of Allentown, Pa., for the passage of a bill transfer the tier of counties from Madison to Duval, inclusive, gidng prohibition to our new possessions, and favoring the anti­ from the southern to the northern district; which were referred canteen law-to the Committee on Military Affairs. to the Committee on the Judiciary. By Mr. HAMILTON: Petition of David Oaks Post, No. 135, of Mr. CULLOM presented a petition of the Retail Merchants' Centerville, Mich., Grand Army of the Republic, in favor of a Association Mutual Fire Insurance Company of Illinois, praying bill locating a Branch Soldiers' Home near Johnson City, Tenn.­ for the enactment of legislation to secure protection in the use of to the Committee on Military Affairs. adulterated food products; which was referred to the Committee By Mr. MANN: Petition of citizens of Chicago, Ill., for the pas­ on Manufactures. sage of a bill to forbid liquor selling in canteens and in the Army, He also presented a petition of the Illinois Manufacturers' As­ Navy, and Soldiers' Homes-to the Committee on Military Affairs. sociation, of Chicago, Ill., praying for the enactment of legisla­ Also, petition of employees of the Chicago (Ill.) post-office, tion providing for a revision of the war-revenue tax; which was Hyde Park and Lawn stations, urging the passage of House bill referred to the Committee on Finance. No. 9565, for the retirement of civil employees of the Government He also presented the petition of W. M. Benton and 15 other after long service and infirmity-to the Committee on Reform in citizens of Peoria, Ill., praying for the repeal of the stamp tax the Civil Service. upon proprietary medicines, perfumeries, and cosmetics; which By Mr. MERCER: Resolution of North Platte Commercial was referred to the Committee on Finance. Club, urging adequate appropriation for hydrographic survey in He also presented a petition of the Cattle Association of Elke arid regions-to the Committee on Appropriations. County, Nev., praying for the adoption of certain amendments to By Mr. NEEDHAM: Resolutions of the San Francisco Cham­ the interstate-commerce law; which was referred to the Committee ber of Commerce, favoring the passage of House bill No. 4346, to on Interstate Commerce. place Lake Tahoe Forest Reservation under the control of the Mr. McBRIDE presented a memorial.of 12 citizens of Creswell, University of California-to the Committee on the Public Lands. Oreg., remonstrating against the passage of the so-called Loud Also, resolutions of the San Francisco Chamber of Commerce~ bill, relating to second-class mail matter; which was referred to favoring the improvement of Oakland Harbor under direction of the Committee on Post-Offices and Post-Roads. board of United States engineers appointed by the Secretary of He also presented a petition of the congregation of the Meth­ War-to the Committee on Rivers and Harbors. odist Episcopal Church; of the Methodist Episcopal Working So­ ~y Mr. RIDGELY: Petition of New Albany Post, No. 119, De­ ciety; of the Epworth League of the Methodist Episcopal Church; partment of Kansas, Grand Army of the Republic, in favor of the of the Woman's Christian Temperance Union; of the J.B. :Mat­ establishment of a Branch Soldiers' Home near Johnson City, thews Woman's Relief Corps, No. 11; of the Congregational Tenn.-to the Committee on Military Affairs. Ladies' Working Society; of the congregation of the Christian By Mr. THOMAS of North Carolina: Petition of J. H. Ander­ Church;, of Holly Cixcle, No. 185, Women of Woodcraft; of the son and others, for the reestablishment of the United States Ar­ Ladies' Aid Society of the Christian Church, and of the Christian senal at Fayetteville, N. C.-to the Committee on Military Affairs. Endeavor Society of the Christian Church, all of Forest Grove, in the State of Oregon, praying for the enactment of legislation to prohibit the importation, manufacture, and sale of intoxicating liquors and opium in Hawaii; which was ordered to lie on the SEN.A.TEO table. MONDAY, April 23, 1900. He also presented a petition of the congregation of the Metho­ dist' Episcopal Church; of the J.B. Matthews Woman's Relief Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Uorps,No.11; of the Epworth League of the Methodist Episcopal The Secretary proceeded to read the Journal of the proceedings Church; of the Woman's Christian Temperance Union; of the of Saturday last, when, on request of Mr. RAWLINS, and by unan­ Congregational Ladies' Working Society; of Holly Circle, No. imous consent, the further reading was dispensed with. 185, Women of Woodcraft; of the Ladies' Aid Society of the Chris­ The PRESIDENT pro tempore. Without objection, the Jour­ tian Church; of the Methodist Episcopal Church Working So­ nal stands approved. ciety, and of the Christian Endeavor Society of the Christian GROVES OF BIG TREES IN CALIFORNIA. Church, all of Forest Grove, in the State of Oregon, praying for The PRESIDENT pro tempore. The Chair presents quite a the enactment of legislation to prohibit the sale of intoxicating lengthy communication from the Secretary of the Interior in rela­ liquors in the newly acquired possessions of the United States, tion to the proposed preservation of the Mammoth Tree Grove in etc.; which was referred to the Committee on Military Affairs. California. The Chair iB unce11iain where it should go. Mr. McCOMAS presented a. petition of sundry citizens of Mid­ Mr. COCKRELL. To the Committee on Agriculture and For­ land, Md., praying for the Government ownership and operation estry. of railways, as well as telegraphs and telephones, etc.; which was The PRESIDENT pro tempore. The Chair is informed that referred to the Committee on Interstate Commerce. the Committee on Public Lands has recently had charge of it. Mr.WARREN presented the petition of J. Jackson and sundry Mr. COCKRELL. That committee would have jurisdiction other stockmen of Laramie County, Wyo., praying for a continu­ of it.. ance of the free Clistribution by the Department of Agriculture of The PRESIDENT pro tempore. The communication and blackleg vaccine; which was referred to the Committee on Agri­ accompanying papers will be referred tothe Committee on Public culture and Forestry. Lands and printed. Mr. FRYE presented the petition of Samuel F. Haskell and 6 other citizens of Auburn, Me., praying for the enactment of leg­ :MESSAGE FROM THE HOUSE. islation granting an increase of pension to soldiers who have lost A message from the Honse of Representatives, by Mr. W. J. an arm or a leg; which was referred to the Committee on Pensions. BROWNING, its Chief Clerk. announced that the House had passed He also presented a petition of the American Philosophical So­ the following bills; in which it i·equested the concurrence of the ciety, praying for the establishment of a national standards bu­ Senate: reau, in connection with the United States Office of Standard A bill (H. R. 9566) authorizing the establishment of a light and Weights and Measures; which was referred to the Committee on fog signal on the new breakwater, harbor of refuge, Mines and Mining. Bay; . Mr. GEAR presented sundry papers to accompany the bill (S. A bill (H. R. 10450) making appropriations for the naval service 1220) for the relief of John A. Spielman; which were referred to for the fiscal year ending June 30, 1901, and for other purposes; the Committee on Militarv Affairs. A bill (H. R. 10840) providing compensation to United States He also presented sundry papers to accompany the bill (S. 3799Y commissioners in Chinese deportation cases; and to remove the charge of desertion from the military record of A bill (H. R. 10097) to authorize the Atlantic and Gulf Short Herman C. Colby; which were referred to the Committee on Mili­ Line Railroad Company to build, construct, and maintain rail­ tary Affairs. way bridges across the Ocmulgee and Oconee rivers within the OSAGE TRUST FUNDS. boundary lines of Irwin, Wilcox, Telfair, and Montgomery coun­ ties, in the State of Georgia. Mr. COCKRELL. I present a letter addressed to myself, in the The message also announced that the House had passed resolu­ nature of a memorial, signed by John F. Palmer, an Osage Indian, tions commemorative of the life, character, and public services remonstrating against the payment of any portion of the princi.. of the Hon. EVAN E. SETTLE, late a memberof the Honse of Rep­ pal of their trust funds. I move that the memorial be printed as resentatives from the State of Kentucky. a document and referred to the Committee on Indian Affairs. The motion was agreed to. PETITIONS AND MEMORIALS. Mr. TALIAFERRO presentedmemorial.B of sundry members of EA.STERN CHEROKEE FUND. the bar of Alachua County, Brevard County, Madison County, and Mr. COCKRELL. I present a supplemental paper, being ape­ Suwanee County, all in the State of Florida, remonstrating tition of the Eastern or Emigrant Cherokees, so called, praying f01r against the enactment of legislation proposing to change the boun­ the payment to them, per capita, oftheftmd appropriated to them daries of the United States judicial distncts oi Florida and to J nly 2, 1836, and pledged to them by the ninth article of the treaty /

1900. , CONGRESSIONAL RECORD-SENATE. 4537 of 1846, and found due by the award of the executive department tana Senatorfal election case, bound in cloth. of which iOO shall be for the use of the Honse, 200 for the use of the Senate, and 100 for the nse of the Senate of the United States under authority of the act of Congress of Committee on Privileges and Elections. March 3, 1893. I move that the paper be printed as a document and referred to the Committee on Indian Affairs. The PRESIDENT pro tempore. Does the Senator from New The motion was agreed to. Hampshire ask for the printing of what appear to 'te bound vol­ DR, EDWARD W. NORTON!, umes in addition to the copies provided by the resolution to be referred to the Committee on Printing? Mr. COCKRELL. To accompany the bill (S. 478) to increase Mr. CHANDLER. Yes; I ask that the usual number may be the pension of Dr. Edward W. Nortoni I present the affidavit of printed of the report without the testimony, and the usual num­ Dr. Evan Jones and J. A. Peyton and House Report No. 2640, Fifty­ ber of the bound volumes with the testimony, and then I have fourth Congress, second session. I move that the papers be re­ offered a resolution to be rnfened to the Committee on Printing. ferred to the Committee on Pensions. The PRESIDENT pro tempore. The resolution will be referred The motion was agreed to. to the Committee on Printing. REPORTS OF COMMITTEES. Mr. PETTUS. Mr. President, some members of the Committee Mr. PROCTOR. I am directed by the Committee on Agricul­ on Privileges and Elections, without in any way dissenting from ture and Forestry, to whom was referred the bill (H. R. 10538) . the resolution that has been offered on this subject by the chair­ making appropriations for the Department of Agriculture for the man, desire to submit some remarks for themselves as to the con­ fiscal year ending June 30, 1901, to report it with amendments duct of the case. and to submit a report thereon. I give notice that on Wednesday The PRESIDENT pro tempore. 'Does the Chair understand next I shall ask for the consideration of the bill. that the Senator desires to addTess the Senate now? The PRESIDENT pro tempore. The bill will be placed on the Mr. PETTUS. No, sir. Calendar. The PRESIDENT pro tempore. Later on? Mr. DAVIS, from the Committee on the Judiciary, to whom was Mr. PETTUS. No, sir; not that, either. A minority of the referred the bill (S. 4129) to detach the county of Dyer from the committee disagree to portions of this report, and they desire to eastern division of the western district of Tennessee and to attach submit their views in writing, to be printed also, not dissenting, the same to the western division of the western district of said however, at all from the resolution, the results of the finding of State of Tennessee, reported it with an amendment. the committee. Mr. LINDSAY, from the Committee on Revolutionary Claims, BILLS INTRODUCED. to whom was referred the bill (S. 1864) for the relief of the heirs of Benjamin Wilson, reported it with an amendment, and sub­ Mr. HAWLEY introduced a bill (S. 4304) for the relief of Ed­ mitted a report thereon. win M. Jillson; which was read twice by its title, and referred to Mr. BERRY, from the Committee on Public Lands, to whom the Committee on .Military Affairs. was referred the bill (S. 982) authorizing and dil'ecting the Secre­ Mr. BURROWS introduced a bill (S. 4305) permitting the build· tary of the Interior to examine cel'tain claims of persons who ing of a dam across the St. Joseph River near the village of Ber· owned or occupied buildings on the Hot Springs Mountain Reser­ rien Springs, Berrien County, Mich., above where said river is now vation, which had been condemned by the Hot Springs Commis­ navigable; which was read twice by its title, and referred to the sion and afterwards burned, and to fix a reasonable value thereof, Committee on Commerce. and making appropriation for the payment of said claims, re­ Mr. NELSON introduced a bill (S. 4306) for the relief of settlers ported it with an amendment and submitted a report thereon. and other claimants under the public-land laws to lands within Mr. HOAR, from the Committee on the Judiciary, to whom was the indemnity limits of the grant to the Northern Pacific Railroad referred the bill (S. 2582) to provide for the establishment of the Company; which was read twice by its title, and referred to the intel'section of the true one hundredth meridian with Red River, Committee on Public Lands. to ascertain the amount of taxes collected by the State of Texas Mr. MASON introduceda bill (S. 4307) authorizing the purchase in what was formerly known as Greer County, and the expendi­ of sites for buildings for the accommodation of the Interior, Treas­ tures made on account of said county by said State, an

There being no objection, the Senate, as in Committee of the there is a vacancy can accomplish their .. purpose by changing one Whole, proceeded to consider the bill. word in the Constitution. Strike out the word "happen" and The bill was reported to the Senate without amendment, or- insert the word "exist." dered to a third reading, read the third time, and passed. If vacancies exist by resignation, or otherwise, during the recess of the Mr. PENROSE. I now mo->e that the House of Renresenta- legislature.of any State, th':lexecutivetht=:reof.maym~e temporaryappoint­ tives be requested to return to the Senate the bill (S. 3639) author- ~nts ~ntil the next meetmg of the legislature, which shall then fill such i2ing the establishme,nt of a light and fog signal on thvenew a~;~~~ond by a differentchange of three words the clause may breakwater. harbor of refuge, Delaware Bay. be m'ade to j{i.stify our contention. Strike out th~ words "If va- The motion was agreed to. cancies happen" and insert" In case of vacancies;" so as to make SENATOR ·FROM PENNSYLVANIA. the clause read: The PRESIDENT pro tempore. The Chair lays before the Sen- In case of vacancies by resignation, or otherwise, during the recess of t.he ate a resolution, which will be read. legislature of any State. the executive thereof may make temporary ayz>0int- The Secretary read the resolution reported by Mr. TURLEY from ~~~c~~il the next meeting of the legisla.ture, which shall thou fi such the Committee on Privileges and Elections January 23 > l900, as It is clear that if either of those two changes were made. either follows: striking out one word and inserting another, or striking out three Re.~olved, That the Hon. Matthew S. Quay is not entitled to take his seat in words and insP-rtin!? three other words, the contention of the op- tbis body as a Senator from the State of Pennsylvania. ~ Mr. CHANDLER. Mr. President, it is not my purpose, as ponents of seating l\Ir. Quay would be gone. I suppose that that 1 will not be disputed by the Senator from Connecticut? said on Saturday, to detain the Senate by any lengthy remarks Mr. PLAT1' of Connecticut. What three words would you upon th1s question. because on two previous occasions when the strike out? same subject has been under discussion I have stated very fully Mr. CHANDLER. I will make a restatement in response to the my views as to the correct construction of the Constitution upon · · f h s to f c r t 1\1 fi t · · the pointnowin controversy. Ibelievethattheresolutionshould mqmry 0 t e ena r rom onnec icu · Y rs propos1tion is that my side is right if the word "happen" jg stricken out and be amended in accordance with my motion, that the word "not" the word , , exist" is written in, and my second proposition is that should be stricken out and that Mr. Quay should be declared en- · h f d If h h ld b titled to a seat in the Senate upon thA credentials which he pre- we are rig t i the wor s " vacancies appen" s ou e sents, being an appointment from the governor of Pennsylvania. changed to the words "In case of vacancies." Those simple Mr. President, the question before the Senate is one purely of con- ·changes support the contention of the advocates of the governor·s right, and the Senator from Tennessee [Mr. TURLEY], who made stitutional construction and should be treated as such by all Sen- the majority report in this case, admits my claim. On the fourth ators. It is not a question of politics or of political discretion; and page of the majority report, speaking of the clause in the Consti- I have no remarks to address to Senators who expect to be actuated in voting upon the resolution by anything else than their convic- tution as original1 y reported by the committee on detail, which tions as to the correct construction of the clause in the Constitution says, "Vacancies may be supplied by the executh-e until the next under which Governor Stone has made the appointment ,pf Mr. meeting of the legislature,:> he says: It will be noticed that under the clause, as thus reported, the power of ap- Quay • pointment was vested in the executive in any condition of vacancy. In other Equally with other Senators, I have been written to by many words,theclausecontainedaptlangnagetoexpresstheveryideauponwhich citizens of the United States, residents of Pennsylvania and else- Mr. Quay now bases his claim to a. seat in this body. If that clause had been where, who have told m. e that ex-Senator Quay was a bad man adopted, undoubtedly the executive would have had the right to appoint as long as the vacancy existed, no matter how often the legislature, after the and ought not to be seated because he is a bad man. I have also, vacancy occurred, might have met and failed to fill it. I am bound to say, received manyJetters, perhaps quite as many, Then came a change, made byMr. Madison, adopted by the Con­ saying that he is a good man and should be seated because he is vention, and under that change the Senator from Tennessee admits a good man. I may add that the same class of letters have ~een that l\Ir. Quay should be seated. The clause as changed was: addressed to me in reference to the .Montana Senatorial election Vacancies happening by refusals to accept, resignation, or otherwise. may case. be supplied by the legislature of the State in the representation of which . Now, Mr. President, perhaps we ought not to take offense at suchvacanciesshallhappen,orbytheexecutivethereofuntilthenextmeeting such letters. Freedom of communication between the people and of the legislature. their representatives in the House and Senate should be allowed. The Senator from Tennessee of this change says: But when a question of this kind comes on to be decided by the It will again be seen that under Mr. Madison's amendment the -rncancy Senate according to the views of Senators upon constitutional could be filled by the executive no matter when it .happened nor how often construction, every suggestion of this sort should be laid aside. the legislature had failed to fill it. Under this amendment, if a vacancy hap- pened during a session of the legislature and the legislature failed to fill it, If ex-Senator Quay is a bad man, doubtless the people of Penn- or if it happened during a recess of the legislature, the executive could ap­ sylvania will take care of him in the coming election and see that point until the next meeting of the legislatw·e; and then if the legislature he is not returned to the Senate by a vote of the legislature of failed to fill the vacancy, the executive could again appoint. Pennsylvania. If, in their judgment, he is a good man, they will Therefore the majority of the committee admit, and I trust the send him here again, and they will not be influenced by what may Senator from Connecticut, who intends to honor me by replying be said concerning him either in the Senate or outside of the State to my remarks this morning, will admit, that if this change of one of Pennsylvania. So, now that this question is approaching a word, or of three words, in the language of the Constitution as decision, I confidently ask Senators to take it up purely as a ques- it stands were to be allowed as a fair method of ascertaining the • tion of constitutional law. meaning of the clause and securing- a correct interpretation of it, It is appropriate for me to say further, however, that there have Mr. Quay wonld be admitted at this time. been suggestions floating about outside of this Chamber. some- But, Mr. President, I can do even better with this clause than times in the Chamber, that some bargain had been made by the to change one word or three words in order to justify my conten­ f1iends of ex-Senator Quay with the fiiends of another Senator tion. I can make it read so that the Senator from Tennessee and whose right to a seat in this body has been called in question. the Senator from Connecticut will admit that Mr. Quay ought to Mr. President, I shall not waste time upon those rumors, because be seatecl, without changing a word in the original clause, simply I have been authorized by both sides of the alleged bargain to by rearranging its parts. I ask the attention of the Senator from deny that any such bargain exists or has existed. Therefore I Tennessee. I would like him to tell me whether, if the clause ask Senators to dismiss any idea that their votes ought to be influ- read as I am now about to read it, without changing a single enced by rumors of an alleged bargain which is a mere figment of word in it, but only rearranging the sentences, he would then the diseased imagination of somebody outside of this Chamber; resist the admission of Mr. Quay under the governor·s appoint­ for, necessarily, no Senator could be influenced by any notion of ment. I will hand Senato.rs copies of the rearrangement of the that kind unless he were prepared to adduce some proofs of the sentences. I should like to have the Senator from "\Visconsin charges made. [Mr. QUARLES] consider it with care before he speaks, as he in- .Mr. President, the question whether Governor Stone had the tends to do, upon this question. right to appoint Mr. Quay depends upon the correct meaning of a Here is my rearranged clause: half a dozen lines in the Constitution. Rere they are: The executive of any State, during the recess of the legislature thereof If vacancies happen by resignation, or otherwise, during tbe recess of the may make temporary appointments. if vacancies h.

which we now advocate; and we intend to persist in advocating which can be again discussed at great length hour after hour and it ns Jong as there is any reasonable hope that it may be adopted day after day if Senators are willing to read the arguments of the as the true doctrine. defeated pa1·ty. That is exact.ly what the Senator from Michigan Mr. President. very little things sometimes effect important re­ did. He read over and over again the arguments of these great sults. I feel very certain that if two Senators whq.voted against lawye1·s, whom he.cited to show that a governor could not ap­ Mr. :Mantle because he was a silver Senator, as they called him, point a Senator in a case like the present one; and it appears that had voted for his admission, and he had been admitted, and the all of them said that a vacancy could never happen in a Senatorial governors' appointees from Washington and Wyoming had been term which had not once been filled. admitted, Mr. Corbett, beyond all question, would also have been I do not suppose the Senator from Michigan intended to deceive. admWed, and the sound doctrine as to the construction of this anyone, but he certainly should have called attention to the fact clause in the Constitution would have been adopted by the Senate that he was reading overruled opinions. Senators will remember of the United Sta~es. Be that as it may, l\Ir. President, I do not what a great la~r the Senator from Michigan has discovered that consider that any Senator is bound by the decision in the Corbett Senator George E. Badger, of North Carolina, was. Everyone fa­ case, and I especially very much regret that the junior Senator miliar with the history of this country knew that Senator George from Oregon (Mr. SIMON], succeeding Mr. Corbett in this Cham­ E. Badger was a great lawyer, perhaps the greatest lawyer of his ber, sbonld have found it expedient to vote against seating Mr. State. Few Senators, I think, knew, until the Senator from Michi­ Quay, when he holds that the true construction of the Constitu­ gan said so, that he was ''the greatest lawyer on earth in his day." tion would admit him to a seat under the gove1·nor's appointment. But claiming him to be such, the Senator from Michigan said he Mr. SIMON. Mr. President-- will, "I am sure, be heard by the Senate." Now, what did Sena­ The PRESIDENT pro tempore. Does the Senator from New tor Badger say in the remarks which the.Senator quoted? Hampshire yield to the Senator from Oregon? · We must expound the word "otherwise" to apply to vacancies happening Mr. CHANDLER. Certainly. by similar e>ent..<1; that is, unforeseen events-death, resi~nation, appoint­ ment to an office which disqualifies-but it can not be applied to the expira­ Mr. SIMON. The reason I shall vote against the seating of tion of a term of a Senator which leaves a seat vacant on this fioor. My opin­ Mr. Quay is because the Senate by an unbroken line of decieions ion therefore is tha.t the governor of a State has no power to till a vacancy in during the past seventy-five years has decided against the right this body which is brought about by the expiration or efllux of the time for claimed under the appointment made by the governor of Penn­ which the Senator was elected; in other words, at the termination of his term sylvania. II this was an original question, I should follow the in the Senate. , reasoning of the distinguished Senator from New Hampshire and The whole point of the cited opinion of this, ''the greatest law­ should vote that the governor had a right to . make an appoint­ yer on earth," as the Senator from Michigan called him, was that ment in such a case, but since the Senate has, during a period under no circumstances could a governor make an appointment covering so many years, decided to the contrary, I feel it my duty to fill a vacancy happening in the Senate in a six years' term which now to vote the other way-that is, to vote that the governor had had never been filled, and yet the Senator from Michigan knew no right to make the appointment in this case. that there had been at least eleven cases where appointments made Mr. CHANDLER. Mr. President, I only said that I regretted by the governor uIJder such circumstances had been recognized the Senator voted that way. My mind is to-day filled with recol­ by the Senate. So all through this erudite speech of the Senator lections of the great struggle we made to seat Mr. Corbett, the from Michigan are quotations every one of which has been over­ claimant from Oregon on the governor's appointment, and I know ruled by the deliberate judgment of the Senate. The Senator the present Senator from Oregon sympathized very ardently with goes on and repeats the speeches of nearly all the minority Sena­ us in that effort. While I think the Benator is acting in accord­ tors in the Bell case, as if they were now an authority to which ance with his right and his convictions of duty, I very much re­ we ought to listen, when their arguments were distinctively nega­ gret that, believing the true construction of the Constitution is tived by the vote of the Senate. what we now contend for, he feels himself bound by the prece­ As the Senator from time to time read his quotations, be eulo­ dents to vote the other way. gized the authors. He spoke of Senator Hill, of Georgia, as a Mr. President, I wish to say further that no just claim can be great lawyer. He spoke of Mr. Seward, of New York. Senator made here that the appointee of a governor is not entitled to as Beck, of Kentucky, he praised. He also pa.id proper compliment much respect as a Senator elected by the legislature. The power to the junior Senator from Missouri [Mr. VEST], whom he says, of the governor to appoint is of course conditional, but a governor very rightly, illumines and adorns every subject he touches. He is not the inferior of the legislature when a vacancy exists in the quotes from the Senator from Missouri. Yet the doctrine which Senate. The governor stands on a perfect equality so far as the the Senator from Missouri advocated in the remarks which were Constitution is concerned. The governor is elected by the people; quoted has been distinctly overruled by the Senate. He had said: My contention here is that the original. primary power to start a full term he represents the people of the State just as much as the legisla­ in the Senate is with the lPgislature, and that the governor can only appoint ture represents them; and to belittle the governor's right of ap­ as to a broken term. That is my contention. pointment in this case because the primary right is given the leg­ That is not the law of the Senate to-day, because over and over islature seems to me wholly unjust. The governor, when he is again appointments by the governor made to take effect at the named by the Constitution as having the power to fill a vacancy, beginning of the term have been recognized by the Benate. is entitled to the same respect from this body as a legislature is. Mr. J. Randolph Tucker is no mean authority, and the Senator The governor is just as near the people, as I have said, as the leg­ from Michigan read with great interest what he said, as follows: islature is, and Congress has no right to punish a State as a State The better opinion wonld seem to be that where the term has never been is punished when a vacancy is continued in this body upon the filled it is a vacancy in the office by nonexercise of the elective function by claim that the appointee of the governor comes here with a sanc­ the legislature, which function the executive is not competent to perform. tion which is inferior to that with which a Senator comes who is Th.at antiquated and absurd doctrine which fills up one-half of elected by the legislature. the speech of the Senator from Michigan has been wholly exploded All these refinements about the original meaning of the Consti­ and is not sound constitutional law in the Senate to-day. · tution have been based upon very narrow premises. The refine­ Mr. President, I am willing to deal frankly with the Senators ments about the meaning of the word" happen;" dictionary defi­ on the other side of this question. I am willing to admit that in nitions of the meaning of the word" happen," and, worse than this case the Senate takes· one more step forward. There never all, attempts to demonstrate, as so many hours of discussion have has been a case where the Senate has seated the appointee of a been used in attempting to demonstrate, to this body that the governor where the vacancy has come into existence while the word" otherwise" means "likewise," are the most absurd argu­ legislature was in session and the legislature failed to fill that ments that I ever knew presented from any respectable source. vacancy. To illustrate what I mean I can not do better than refer to the All we contend for is that the illiberal doctrine of the earlier quotations in the very able and eloquent speech of the Senator years of the century was broken down in 1879, and that the deci­ from Michigan [Mr. BURROWS], made on the 14th day of April. sion made in the case of Mr. Bell, by which he and other ap­ The Senator quoted very liberally from what he called the great pointees under similar circumstances were admitted to this Cham­ lawyers of the Senate. I have made a list of the distinguished ber, was made by reason of the adoption of a liberal construction names which he recited. Nearly all of them were Senators-Sen­ of the Constitution, conforming, according to the best of reason­ ators Kernan, Bailey, Carpenter, Hill of Georgia, Seward, David ing, to the true construction whfoh should be placed upon the Davis, Attorney-General Ga.rland, Stephen A. Douglas, Lewis clause in the Constitution about which the contention is now Cass, Mr. Underwood, James A. Bayard, Mason of Virginia, But­ made. ler of South Carolina, Jefferson Davis, George E. Badger, Sena­ Mr. President, we say the Senate ought to face forward and not tors Beck, Groome, VEST, Vance, Saulsbury, and there was Rep­ backward upon this question. We say that the liberal construc­ resentative J. Randolph Tucker. The Senator filled his speech tion of the Constitution which was adopted in 1879 should be ex­ with quotations from these distinguished authorities, and wholly tended until such a construction is given to the Constitution as omitted to convey the information to the Senate that nearly every should be given to a beneficial statute made to accomplish a wise one of them had been overruled by the decisions of the Senate in and important purpose-that of keeping seats in the Senate con­ the very cases in which they made their arguments! stantly full, made for the purpose of preventing legislation in this There are many points which have been settled by this Senate body with vacant seats in the Chamber when the executive of the 1900. CONGRESSIONAL RECORD-SENATE. 4543

State jg ready to send here competent appointees to fill those va­ sion use the word "happen," about which there is such conten­ oancies. I am conscious that I have feebly stated my views and tion-until after the adjournment of the legislature. In·the Penn­ the reasons which actuate me in continuing the contention in be­ sylvania case the vacancy occurred while the legislature was in hnlt of the iiberal construction of this clause of the Constitution. session, and the legislature proceeded for forty-seven days to en­ I do not propose to cease from this contention until the true con­ deavor to fill that vacancy or to elect a Senator to fill that term. struction becomes, as I believe it will eventually become, the ac­ So the case is very much stronger against Mr. Quay. cepted doctrine in the American Senate. The Constitution says, if vacancies happ€n during the recess of l\Ir. PLATT of Connecticut. Mr. President, it seems to me that the legislature the governor may make temporary appointments. one question lies in the forefront of this discussion. one which has The vacancy in the Corbett case did occur dur-ing the recess of the not been sufficiently dwelt upon by those who think that under legislature. It did not occur during the recess of the legislature in the provisions of the Constitution l\Ir. Quay is not entitled toa seat, the Quay case. In the Oregon case it could fairly be contended and one about which, until the speech of the Senator from New that there had been no legislature which could fill the vacancy be­ Hampshire this morning, there has been a great deal of silence on fore the appointment of the governor was made. No such claim the part of those who think that Mr. Quay is entitled to a seat can be made in the Pennsylvania case. There was a legislature under the provisions of the Constitution. which could fill the vacancy, which attempted to fill the vacancy, That question is whether anything can ever be considered set­ both in anticipation of it and after it occurred. tled in the Senate of the United States. Or. to put it differently, Now, what did the Senate do in the Corbett case? It heard at Is the Senate, now in the hundred and twelfth year of its existence, great length ey-ery argument which has been adduced by the Sen­ to observe the uniform precedents and the unbroken decisions of ator from New Hampshire and others. No case was ever more the Senate, or is it to disregard those precedents and overrule thoroughly argued in the Senate than that case, and the Senate those decisions upon the ground of personal or political friend­ by a vote of 50 to 19 decided that Mr. Corbett was not entitled to ship? his seat. That is only two years ago. And here comes Mr. Quay, I will state once more before I proceed further what every who was paired to vote against the right of Mr. Corbett to a seat Senator has to refer to in discussing this question. the provision in this body, and whose vote counted, therefore, against seating of the Constitution which must, or at least should, control the him in this body, and presenting a weaker case than the Cm:bett case. I have no doubt that the Senate is wearied by hearing it re­ case, asks to be seated in this body, and the Senator from New peated. Article I, section 3, reads as follows: Hampshire insists that he ought to be. The Senate of the United States shall be composed of two Senators from Mr. CHANDLER. I should like to have the Senator from each State, chosen by the legislature thereof, fo1· six years; a.nd each Senator Connecticut yield to me for an inquiry. shall have one vote. Mr. PLATT of Connecticut. Certainly. Then the Constitution proceeds to provide for the classification Mr. CHANDLER. It is whether he believes all those Senators of Senators, and goes on: voted in accordance with their convictions as to the meaning of And if vacancies happen by resignation, or otherwise, during the recess of the constitutional provision? the legislature of any 8tate, the executive thereof may ma.ke temporary ap­ pointment.~ until the next meeting of the legislature, which shall then till l\Ir. PLATT of Connecticut. I was coming to that point. such vacancies. Mr. CHANDLER. I do not believe they did. We also have a statute on this subject, which I wish to read. Mr. PLATT of Connecticut. If Senators in this body vote to Section 14, chapter 1, of Title II of the Revised Statutes of the seat Mr. Quay, I shall not be heard outside of this body to sa.y United States provides: that I believe they voted upon other considerations than constitu­ The legislature of each State which is chosen next preceding the expira­ tional considerations. I am sorry that any Senator should, in the tion of the time for which any Senator was elected to represent such State in body or out of it, make the charge that Senators representing Congress shall, on the second Tuesday after the meeting and organization States-our equals, our peers-should deliberately, for political or the1·eof, proceed to elect a Senator in Congress. personal considerations, refuse to vote in acco1·dance with their I do not cite at length section 15, which provides the method of ideas of the Constitution. election. Mr. CHANDLER. Mr. President- Mr. President, the Senator from Pennsylvania comes here with The PRESIDING OFFICER (Mr. SPOONER in the chair). Does an appointment by the governor, a temporary appointment until the Senator from Connecticut yield to the Senator from New the next meeting of the legislature of the State of Pennsylvania, Hampshire? and claims a sea,t. I wish to put in from the report of the com­ Mr. PLATT of Connecticut. I should like to get through an­ mittee just the circumstances under which he claims his seat: swering the first question the Senator asked. Prior to March 3. 1899, Mr. Quay was a Senator in Congress from the State The PRESIDING OFFICER. The Senator from Connecticut of Pennsylvania. His term of office, to which he had been elected by the legislature of Pennsylvania, expired by efflux of time on the 3d day of March, declines to yield. 1899. The legislature of Penlliiylvania convened in reiaular session on the :Mr. PLATT of Connecticut. I do not believe that 16 Senators first Tuesday in January, 1899. On Tuesday, January 7, 1899, it began bal­ in this body voted to reject Mr. Corbett because he was a gold­ loting for the purpose of selecting some one to succeed Mr. Quay and fill the vacancy which would occur on the 3d day of March, 1899. Daily b~llots were standard Republican. The charge is one which reflects greater taken in obedience to the provisions of the act of Congress of July 25, 1866, dishonor upon the Senate of the United States than any charge and of the Pennsylvania statute of January 11, 1867, from that date until that has ever been made against it. April 19. 1899. The lE:lgisla.ture adjourned _.\.pril 20 without effecting an elec­ tion. Thereafter, on April 21, 1899, the governor of Pennsylvania appointed Mr. CHANDLER. Mr. President- Mr. Quay to represent the State of Pennsylvania in this body until the next The PRESIDING OFFICER. Does the Senator from Connect­ meetmg of the legislature. icut yield? I wish to put here, right in juxtaposition with the facts under Mr. PLATT of Connecticut. Certainly. which the seating of Mr. Quay is claimed, the facts in relatibn to Mr. CHANDLER. I will ask the Senator why he is sorry to the Corbett case. I read from the report in the Corbett case: hear any Senator make that statement if that Senator believes it? The term of Hon. John H. Mitchell, Senator from Oregon, ended March 3, Does he think it is a fact which should be kept secret if it is true, 1897. The nineteenth biennial session of the legislature of Oregon, under the or that if a Senator so believes there is any obligation upon him constitution and laws of that State, was to.convene at the capital on the 11th to keep it secret? of January, l !

Mr. Mantle was a Silver Republican. Speaking of chances, that Mr. CHANDLER. I frankly admitted that no attempt had is possible. Speaking of chances with reference to Mr. Corbett's heen made beforeto seat a Senator under these conditions. Now, rejection, it is impossible. the Senator says that every position I have taken has been oyer- N o enemy of the Senate; no newspaper that likes to cast asper- ruled over and over again in the Un,ited States Senate. sions upon the Senate; no evil-minded outsider who wishes to de- Mr. PLATT of Connecticut. I think so. tract from the reputation, the dignity, the honor, and the great- Mr. CHANDLER. He is mistaken. It never has been over- ness of the Senate can, as it seems to me, say that the votes of 16 ruled at all, because he himself says, and it is part of his argu­ Senators on this .floor were given against Mr. Corbett, not on con- ment, that no attempt has ever been made to seat a Senator under stitutional grounds, but because he was a gold-standard man. I precisely these circumstances. repeat,Iamsorrythatthechargehasbeenmade. Itwillgiveocca- Mr. PLATT of Connecticut. It was overruled in the Allen 'sion outside of the Senate for criticisms and aspersions which I case, for that was a case on all fours, and it was not considered think the Senate does not deserve. then worthy of serious consideration, I will admit. The question Mr. President, here are the two cases. The Senator from Ala- whether a Senator can be appointed by a governor where a legi.s­ bama fMr. PETTusJ did not think that the Mantle case has been lature has been in session aud attempted to elect has been over­ decidea upon improper motives, for he put his report against the ruled many times and was acted upon by the universal concnr­ seating of l\fr. Corbett upon the ground that the matter was set- rence of public sentiment and legal sentiment in the country for tled in the Mantle case and ought to stay settled. I wish to read over fifty years. The question whether a Senator can claim under what he said about it: a governor's appointment, where a legislature had been in session I prefer to put my concurrence in the conclusion of the majority of the which might have elected, but failed to elect or to attempt to committee squarely and entirely on the ~ound that the question of law in- elect, has been overruled repeatedly, and never, so far as I know, ;~;;~~r~ this case was settled in the Man le case, and ought to remain settled except in two or three cases where the question was not made or contested, has such a claim been allowed. F u rther on h e says: The very first case which was reported in the books-I under- The courts of England for centuries and the United States for one century stand there is an earlier case, called the Walker case, that does declared it far better tha.t the law should be settled and known than that it should be decided with technical accuracy. Those who have studied the ju- not appear in Taft's Election Cases-the very earliest case where dicial legislation enacted during the last forth years, the overthrow of prin- there is anything in the Journals of Congress showing that there ~tJf;~.ong deemed settled, will appreciate t e wisdom of the maxim, stare was any question made about it was the case of Kensey Johns, I think the question in this case was settled in the Mantle case and should that was put by the Senate upon the ground- remain settled~ Tha.t a session of the legislature of the said State having intervened be- So the Senator from Alabam.a could not have shared the opinion tween the resignation of the said George Read and the appointment of the said Kensey Johns, he wa.s not entitled to a seat in tho Senate. of Senators who say here that the Mantle case was decided by the 1 will not take the time of the Senate to refer at length to the votes of Senators who disregarded what they thought to be the sound argument so often used in these discussions that a Senate constitutional requirements of a Senator coming here and asking whlch sat only five Y. ears after it was first organized and had in it a seat under a governor's appointment. But, l\!r. President, it is not the Corbett case alone and the five or six or seven men who were members of the Constitutional Mantle case and the two companion cases of Beckwith and Allen Convention ought to have known as well as we what the Conven­ that settled this case. There never has been a person claiming tion meant, and ought to have known as well as we whether there under a governor's appointment where the vacancy did not hap- was such an obli.ga.tion to keep the Senate always full as rnquires pen during the recess of the legislature admitted to a seat in the us to disregard the unambiguous, plain meaning of the Constitu- Senate. It was never claimed until it was claimed in the case of tion. Mr. Allen, from Washington, in 1893, and he was not seated. It Mr. Ellsworth was on the committee which made that report was not seriously claimed in that case; that is to say, the case never and reported that resolution, and whatever the Senator may say reached the point of discussion and serious claim in the Senate. about Mr. Badger being the greatest lawyer on earth, I refer to Now, for the first time since the organization of the Senate, the Senator from Massachusetts fMr. HOAR] as my authority for comes a person claiming under a governor's appointment made to saying that Mr. Ellsworth was tbe greatest lawyer anywhere on supply a vacancy which did not occur during the recess of the the face of the earth, because he said that within a few days in the I · 1 t If thin h Id b ·a d ttl d ·t Senate. So Mr. Ellsworth, than whom no man was more power- egis a ure. any g s ou e consi ere se e ' 1 seems to ful in the Constitutional Convention, within five years after the me that ought to be considered settled. I will go a little further, Mr. President. Never has a man been organization of the Senate under the Constitution-I believe he seated in the Senate upon a governor's appointment where the made the report-declared: · I t h d b · · d t t d fill th That Kensey Johns is not entitled to a seat in the Senate of the United I eg1s a ure a een in session an a temp e to e vacancy States, a session of the legislature of said State having intervened between and failed. I want to emphasize that for the benefit of the Sena- the resignation of the said George Read and the appointment of the said tor from New Hampshire, who says opinions have been overruled. Kensey Johns. That thing has never been done in the Senate of the United States. A new doctrine, the Senator from New Hampshire says. If we But to go still further. Since 1825 no person claiming under are going to take steps backward, let us take them back to the a governor's appointment has been seated in the Senate of the beginning, and take the interpretation put upon the Constitution United States where a legislature which could have filled the va- by·the men who fra:rp.ed it, and not by the new lights and under cancy, eith6r in anticipation or after it occurred, had been in the new rules of interpretation, which seem to be that if you can session. read a change into the Constitution in three words to support your So instead of taking one step forward in this case, as the Sen- view of it it is perfectly proper to do it; because it takes more atorsuggests we should, we must takethree steps backward. We words to be reatl as a change into the Constitution to support must step back so that what never has been claimed until this what the Senator from New Hampshire seems to think is the case seriously, and what has never been acknowledged, shall now other view of it. be accepted-that is, that a Senator can be appointed by the gov- Mr. President, I stand by the Constitution as it is written. I do ernor although the vacancy did not happen or occur during the not want to read words into the Constitution or to read them out recess. of the Constitution; and it is only found necessary to do that by We must also take one other step backward, and that is that a those who insist on the seating of Mr. Quay. It is not necessary Senator may be seated although a legislature which could fill the for me, who think that he is not entitled to a seat here, to read vacancy has been in session and tried to fill it and failed to fill it. any words into the Constitution or any words out of it. It does We must take still one further step backward, and say what has not require twenty-five words read into the Constitution to sup­ not been said since 1825, when that question was consitlered set- port my contention. The words there are the words upon which tled in the Senate of the United States, that a person may come I rely, not the words which are not there. here claiming an appointment under a governor where a legisla- It seems, Mr. President, as if it was unnecessary to read author­ ture could have filled the vacancy, although it did not attempt to ities as to the necessity of having the decisions of the Senate ob­ do it. served and respected that they should stand. To seat Mr. Quay Now, Mr. President, it is pertinent to ask again whether any-1 overrules every case in the Senate which has been decided from thing is ever to be considered settled and to remain settled in the the adopt~on of the Constitution to the present time, unless it be . The Senator talked about the opinion cited two or three minor cases along in the years from 1803 to 1809, and in the argument of the Senator from Michigan [Mr. BURROWS] in one of those it does notappearfrom anything that was said that having been overruled by the Senate. Every contention made by the question was raised or considered. the Senator here to-day has been overruled by the Senate over Mr. CHANDLER. Wh:at case is th~t? . . and over again. Mr. PLATT of Connecticut.. That is the Smith case, to which Mr. CHANDLER. If the Senator will allow me, he is mis- the Senator from New Hampshire alluded. Now, let us take the taken about that letter of Mr. Smith. Mr. Smith, of Maryland, had been a Senator The PRESIDING OFFICER. Does the Senator from Connect- from the State of Maryland, and his term expired the 3c1 of March, icut yield to the Sena,to1· from New Hampshfre? 1809, I believe.. The ~overnor gave him an appoin_tment. T~e Mr. PLATT of Connecticut. Certainly. Senator from W1sconsm [Mr. SPOONER], when he discussed this 1900. CONGRESSIONAL RECORD-SENATE. 4545 case, says that there is a fact which is not stated in Taft's Elec­ was made to choose a Senator, and after several ballotings the tion Cases. Here is a statement of the case by Senator Butler, whole subject of the election of a Senator was. upon moticn, in­ quoted by the Senator from Wisconsin. Where else it is to be definitely postponed. The governor did not appoint. In the May found I am not advised: session of 1851, the nen year, the seat having been vacant from His office expired by constitutional limitation on March 3, 1809. It seems ~Jarch 4, 1851, until the May session of the legislature of 1851, the that the legislature of his State had been in session before that date, a.nd that matter came before the legislature, and the legislatme took 22 the legislature had forborne, for some cause or other-I do not know what­ ballots in its endeavor to elect a Senator, and, becornin~ convinced to fill the term, and did not in fact fill the term as one to commence from the that it was impossible to agree, again, on motion, rndefinitely 4th of March, 1809. postponed the election of a Senator. The PRESIDENT pro tempore. The Chair lays before the Sen­ No action was taken by the governor, and in 1852, in May, the ate the unfinished business, which will be stated. legislature again met and elected a Senator, who took his seat, The SECRETARY, A bill (S. 2355) in relation to the suppression Hon. Isaac Toucey. So from March 4, 1851, until some time in of insurrection in, and to the government of, the Philippine Is­ .May or June, 1852, the State of Connecticut had only one repre­ lands, ceded by Spain to the United States by the treaty concluded sentative in the Senate, because it supposed, and because every­ at Paris on the 10th day of December, 1898. body supposed, that the governor could not under those circum­ Mr. SPOONER. I ask the unanimous consent of the Senate stances appoint and because it had never, after 1825, been claimed that the unfinished business be temporarily laid aside. that the governor under such circumstances could appoint. The PRESIDENT pro tempore. The Senator from Wisconsin In Maine there wa~ a Senatorial vacancy in 1853. The legisla­ asks unanimous consent that the unfinished business be tempo­ ture made repeated efforts to elect, and it was not filled until the rarily laid aside for the consideration of the resolution which is next succeeding legislature. The governor made no appointment. now under discussion. Tbe Chair hears no objection. In Pennsylvania a vacancy occurred March 4, 1855, and the Mr. PLATT of Connecticut. l\1r. President, in the letter which legislature, at its session beginning in January, 1855, tried to elect Mr. Smith addressed to the Senate asking it to be determined how a Senator, but fai ed to do so, and adjourned l\Ja.\' 8 without effect­ long he could hold his seat under the governor's appointment it ing a choice. The next year, January 14, 1856, Senator Bigler does not appear whether a legislature had been in sess10n which was elected by the legislature. could fill the vacancy or not. Manifestly, there had been none in The governor of Pennsylvania in 1856 and 1857 did not suppose session after the vacancy occurred. Apparently, also, there had that he could appoint under those circumstances. The clause in been a legislature in session in June, nearly a year before. It may the constitution of the State of Pennsylvania which requires the be claimed that that legislature ought to have anticipated the va­ governor, in case he finds a vacancy existing during the recess of cancy and to have filled it; but that question does not seem to the legislature, to summon the legislature together did not exist, have been brought specially to the attention of the Senate. This but the governor of Pennsylvania at that time did not suppose is the letter addressed to the Vice-President of the"United States: that he could appoint: otherwise there would have been some one WASHINGTON, May ~9. 1809. here claiming under the governor's appointment. That is Penn­ SIR: The legislature of Maryland, having at their last session declined to sylvania.· appoint a Senator to represent that State in the Senate of the United States In Maryland a vacancy occurred March 4, 1843. The legisla­ from and after the 3d day of March of the present year, and_the executive of the State having conferred on me the honor of an appointment, which, in ture assembled December 26, 1842, and continued in session until conformity to the Constitution, was limited in its language to the next meet­ March 10, 1843, after the time when the vacancy occurred, when ing of the legislature of Maryland. I have to state to yon, for the information it adjourned without electing a Senator to fill the vacancy. The of the Senate, that this meeting will take place on the 5th day of June, as by vacancy was not filled until the next regular session of the legisla· the governor's proclamation will appear, and I have therefore to request that yon will be ~leased to lay this case before ~he honorable the Senat.e for ture, and the State of .Maryland was a year with only partial their determination as to the question whether an appointment under the representation in this body, executive of Maryland to represent that State in the Senate of the United In North Carolina a vacancy occurred March 4, 1853. The legis· States will or will not cease on the first day of the meeting of the legislature of Maryland. lature assembled in November, 1852, and made repeated efforts SAMUEL SMITH. to elect. but adjomned without an election. They elected in 1854. The VICE-PRESIDENT OF TH~ UNITED STATES. The State of North Carolina had one vacant seat in the Senate The only question which Mr. Smith asked the Senate to deter­ for eighteen months. These new-light lawyers who say that the mine was when his right to a seat under the executive appoint­ great thing that was thought about was that the Senate should be ment would end, and it is idle to contend that the Senate decided kept full had not been heard from then. The governors of the anything other than the question submitted to it. States did not suppose that they had the right to keep the Senate But it is not very important to determine whether the attention full, ignoring or overriding those provisions of the Constitution of Congress was called to the fact that the legislature which sat which the Senate had declared in 18:25 were to be observed. nearly a year before the expiration of the term of Mr. Smith ought In Indiana a vacancy occurred March 4, 1855. The legislature to have elected his successor or not, because it is admitted that tried to elect. The senate refused to go into joint convention, and in the case of Uriah Tracy, and Samuel Smith, and one other case, the legislature failed to elect until 1857, two whole years. That it does appear that a governor's appointment was held legal and is the case to which the Senator from Massachusetts, for some valid a lthough there had been a legislature in session at a date pm·pose or other. I do not know what, called the attention of the previous to the expiration of the term and the commencement of Senate the other day. the new term which might have filled the vacancy. In Missouri there was a vacancy from March 4, 18il5, until De­ Those are the only cases. They occurred between 1805 and 1809. cember 29, 1856, almost two years, and the State of Missouri went In 1825, however, the case of J·ames Lanman was decided, and without a representative on this floor, the legislature having tried that case was understood all over the country by those who were to elect and failed to do so. then in the Senate, by those who acted afterwards in the Senate, In California the State was represented by only one Senator by the governors of all the States throughout the United States to from March 4, 1855, until January 5, 1857-two years nearly; and settle the question that the governor could not appoint where there was no claim that the goverE.or could appoint. there had been a legislature in session in anticipation of the In Oregon a vacancy existed from the 4th of March, 1856, until vacancy which could have filled it. the 19th day of December, 1857, the legislature having declined to Now, the Senator from Massachusetts [Mr. HOAR] called the elect and the governor not appointing. attention of the Senate the other day to the fact that in Indiana Again, in Oregon in 1859 a vacancy occurred; and as this is the State went partially represented for at least two years because rather a remarkable case I wish to call attention to it somewhat the legislature was unable to fill the vacancy. The Senator from particularly. They held an extra session of the legislature in Nevada said that California weut unrepresented for two years-I May, 1859. That was soon after the vacancy occurred. The gov­ think he said eight years-because the vacancy which could be ernor did not attempt to appoint at the commencement of the foreseen and anticipated had not been filled by the legislature vacancy. A special session was held. That special session at­ and because the legislature had attempted to fill it and had failed. tempted to fill the vacancy, and adjourned June 4, 1859, without And the fact remains that from 1825to1879 no governor in the filling it. Then the regular session was held Heptember 10, 1860, United States presumed or attempted to make a temporary ap­ when repeated attempts were made to elect, until.October 10, 1860, pointment of a Senator where a legislature had been in session a motion was made to postpone the election of United States Sen­ which could have filled that vacancy, whether it had attempted ator; which motion prevailed. I do not know when they finally to do it or not. There were many such cases. There are so many succeeded in electing a Senator in Oregon, but, at any rate, the such cases that it is utterly impossible to say that that proposition place went vacant for nearly two years. The governor did not was not considered settled, absolutely settled, in 1825 by the Lan­ assume to appoint. man case. I wish to advert to a few of those cases, and especially .Mr. President. it can not be possible that all these vacancies bec.:ause one happened in Connecticut. should have been submitted to, if it had not been the understand­ In Connecticut a vacancy occurred March 4, 1851. The legisla­ ing throughout the length and bi·eadth of the United States that ture then convened annually in l\lay. The legislature which sat where a legislature had met, had attempted to fill a vacancy, and in the May previous, namely, in 1850, was the legislaturecharged had fai!ed, the governor had no right to appoint. I am c9ntend· with the election of a Senator. At that May session an attempt ing for the observance of what has been settled, and if anything

.X::~III~285 4546 CONGRESSIONAL RECORD-SENATE. APRIL 23,

on earth has been settled or can be settled, it is that; and its set- I The other thing I have to say is that it seems to my humble tleruent is not to be al'gued alone from the fact that governors I apprehension as dear as daylight that the Senate is not overrul­ have not attempted to exercise the power of appointment under ing its former doctrine or precedents if it now admits Mr. Quay; similar circumse now, as then, are of the opinion that this else. Let us see. Suppose that at the next session after the Du decision of the Senate was wrong; but the Senate is made by the Constitution the judge of the election~. qualilications, and returns of its members, and its Pont case was decided some man had come from the State of Penn· judgment is just as binding in law, in all constitutional vigor and potency, sylvania. under precisely the same state of facts and circumstances when it is rendered by one majority as when it is unanimc:ius. which led the "Senate to reject-- I commend that language to the Senator from Massachusetts. Mr. HOAR. lf the Senator will pardon me-- He seems to think a decision the Senate rendered by a majority of Mr. PLATT of Connecticut. Let me finish my sentence. three is not pindmg. Which led the Senate to reject Mr. Du Pont, would not the rea· Mr. CHANDLER. Mr. President, the Senator ought not to be son1ng have been just as strong that the Senate should not depart unfair. from its former decision as it was that the Senate should not l\fr. PLATT of Connecticut. I do not wish to be. reopen the Du Pont case? Mr. CHANDLER. And he ought to be also just to himself. Mr. HOAR. Mr. President, if that precise thing bad happened, He knows very well the difference between standing by a decision if the Senator will pardon me, I know I can say for myself, and I of the Senate not to admit Mr. Dn Pont when Mr. Du Pont came have no doubt I can say for the majority of the committee who a second time on the same credentials and standing by some doc­ signed th.it report. that they, would have voted, every man of trine that may have been affirmed in some particular case by a them, to have admitted that claimant from Pennsylvania to his majority of the Senate when another case just like it arises. The seat; and when the Corbett case was decided I gave notice of my Senator from Co11necticut is not JUSt to either the Senator from individual purpose. whenever the question came up in another Massachusetts or to myself in making his argument precisely as case, to act on what I regarded as the correct view. he makes it. If be will read the statement, it will show what the l\fr. CHANDLER. If the Senator will allow me, in the Du Pont -Senator from Massachusetts said. case we voted in favor of Mr. Du Pont because Governor Watson Mr. PLATT of Connecticut. I will read it. while governor cast a vote which we held was void. If Delaware Mr. CHANDLER. If Mr. Corbett were to come here now, I had gone on and elected another Senator by the same vote, and would not be for admitting him; but when Mr. Quay comes, it is Governor Watson had voted against him, of course we would have a different thing. been in favor of seating h1m; but when Mr. Du Pont came and Mr. PLATT of Connecticut. But suppose Mr. Co1·bett came asked for a reopening of His case the doctrine of res adjudicata herewith Mr. Quay·s case; do you think he should be admitted to applied. the Senate? Mr. HOAR. Of course we would have been in favor of seating Mr. CHANDLER. I should be for his admission. There is him. nothing in that report which indicates the slightest reason why Mr. PLATT of Connecticut. I want to read what the Senator he should not be admitted. said in that case, and I wish Senators would listen to it. I wish Mr. PLATT of Connecticut. I repeat the question. Suppose to see if the contention of the Senator in that case, as stated in Mr. Corbett came here with precisely the case which Mr. Quay this report, does not apply with just as much force to the Corbett has; do you think he would be admitted? case, 1,mder -precisely similar circumstances, after the Senate re­ .Mr. CHANDLER. Mr. President-- versed its former action, as it does in the Du Pont case. That Mr. HOAR. Will the Senator from New Hampshire allow me report says: to reply to the Senator from Connecticut? It is clear that the word "judge" in the Constitution was used advisedly. Mr. CHANDLER. Certainly. The Senate in the case provided for is to declare a result depending u1 1on the application of law to existing facts, and is not to be affected in its action Mr. HOAR. That report is an affirmance of the doctrine of res by the desire of its members or by their opinions as to public policies or pub· adjudicata; that is, that where a court having jm'isdiction over lie interest. Its action determines great constitutional ri~hts-the title of an the matter has determined the title of the indjvidual to a partic· individual citizen to a high office and the title of a sovereign State to be rep­ resented in the Senate by the person of its choice. We can not doubt that ular thing, in the ordinary case of a court to a piece of land, or in this declaration of the ~enate 1s a judgment in the sense in which that word the case of a Senatol''s seat in the Senate, that decision can not be is used by judicial tribunals. wiped out and the particular thing claimed given because of a The decision of the Senate in the Corbett case was a judgment. change in the making up of the court afterws.rds. Mr. CHANDLER. Against Mr. Corbett. ' It is the doctrine known in law as the doctrine of res adjndicata, Mr. PLATT of Connecticut. By a. high constitutional court. and that doctrine the Senator will find a still stronger affirma­ Mr. CHANDLER. Against Mr. Corbett. tion, of which I also waH the author, in the Kellogg case from l\1r. PLATT of Connecticut. I have heard a great deal said in Louisiana, if he chooses to look at it. That, however, has noth· this debate about this berng a question of high constitutional ing whatever to do with the question whether a court in another privilege; and I am glad now to quote the Senator from Massa­ case would overrule a mistaken opinion of law. Courts never chusetts as saying that the decision of this Senate is the judgment disregard the doctrine of res adjudicata; never, anywhere; courts of a high constitutional court. The report continues: everywhere overrule old decisions which they think wrong as to We can conceive of no case which can a.rise in human affairs where it is doctrine in new like cases. more important that a judgment of any court should be respected and should Now, the Senator is striving-not purposely, of course-to con­ stand unaffected by caprice or anything likely to excite P.:tssion or to tempt virtue. ·when the Senate decided the question it was Sitting as a high con­ found two thmgs, in regard to which I suppose every lawyer and stitutional court. In its action we think it ought to respect the principles, every intelligent citizen understands the distinction. So, if the in ginn~ effect to its O\Vn decisionhwhicb have been est::i.blished in other ju­ Senator will permit me, I have to say two things: First, that that dicial tribunals in like cases and w ich the experience of mankind has found report had nothing whatever to do with the question whether, if safe and salutary. . the Senate established in an old case, in a former case, a wrong Then the Senator proceeded to apply his reasoning to the pre­ principle, they may overrule that and now establish a right one. cise case, the Du Pont case; but those are general principles which 1900. CONGRESSIONAL RECORD-SENATE. 4547

apply just as welltothe Quaycase as they did to the Du Pont case. now than it was when the Corbett case was considered. If not, 1 want to repeat here; l want to emphasize it; I want to chal­ why is this continual representation made that the Mantle case lenge any Senator to deny it, that Mr. Qnay's case presents no and the Corbett case were decided by Senators without reference claim that was not considered and affected and decided in the to their obligation to the Constitution as they believed it to be? judgment in the Corbett case-the judgment of a high constitu­ Why this continual reiteration? tional court, the judgment of a court as sacred and as binding as Does the Senator believe that the Senate is more virtuous now the judgments of the Supreme Court of the United States. than it was then? Does the Senator believe that Senators are I want to ask this question: In the law providing a temporru.·y going to act,vith him now from the highest constitutional motives government for Hawaii, as the bill. first eame here, it made the when they failed to act with him then from the highest constitu­ supreme court of the Territory of Hawaii the judge of the quali­ tional motives; or is this brought up as an excuse for Senators fication of the members of the senate and house. Suppose that who are expected to vote now " by caprice, or something likely to had been a clause in the Constitution of the United States that the excite passion or tempt vfrtue," and so enable the constitutional Supreme Comt should be the judge of the elections and qualifica­ contention of the Senator from .Massachusetts and the Senator tions of the members of the Senate and of the House of Repre­ from New Hampshire to prevail? sentatives, and the Supreme Court two years ago in a case pre­ I am bound to read all this report, because, as I said, it applies cisely :S milar to the one presented to the Senate to-day had, by a to the DuPont case. I was interrupted. I proceed: maJor1ty of 7 to 2. decided against the right of Mr. Corbett to a We do not doubt that the Senate, like other courts, may review its own seat in this body, and suppose two years thereafter the same case, judgments where new evidencf\ bas been discovered, or where by reason of the same facts, the same claims, the same principles should be fraud or accident it appears that the judgment ought to be reviewed. The remedy which in other courts may be given by writs of review or error or presented to the Supreme Court and they had decided that 1\Ir. bills of review may doubtless be given here by a simple vote reversing the Quay was entitled to a seat-- first adjudication. We have no doubt that a legal doctrine involved in a. .Mr. HOAR. Will the Senator allow me? former judgment of the Senate may be overruled in later cases. · But there I is no case known in other judicial tribunals in which a final judgment in the Mr. PLATT of Connecticut. When get through with my same case can be rescinded or reversed merely because the eumpusition of illustration. tho court has cha.nged or because the members of the court who originally Mr. BOAR. I thought the Senato:r had finished. decided it have changed their mind as to the law or fact which is involved. Mr. PLATT of Connecticut. If the Senator had been sitting as All that is made specifically applicable to the Du Pont case. But a member of that Supreme Court, and had been one who delivered a the general principle stated here goes much further and broader dissenting opinion, woulu he think it his duty whenever the same than where it is sought to reopen the particular case: case came up again. and as long as it might come up, and as many times as it might come np. to go on dissenting, or would he feel It seems to us very important to the preservation of constitutional govern­ ment. very important to the dignity and authority of the Renate, very im­ that he ought to be bound by the decision that had been rendered portant to the peace of the country, that we should abide by this principle. by so large a ma· ority of the court? There a.re few greater temptations which affect the conduct of men than the Mr. HOAR. I am much obli~ed to the Senator, because his temptation to seize upon political power without regard to the obligation of law. To act upon the doctrine upon which this petition rests would expose question suggests what I was about to put to him, and it illus­ the Senate to the temptation to reverse its own Judgments and to vacate or trates this whole thing. to award seats in this Chamber according as the changing ma~orities should In the case of Hepburn & Griswold, the Supreme Court of the make possible: If such practice should be admitted it would. m our opinion, go far to weaken the respect due to this body and the res:pect due to consti­ United States held that the legal-tender law was unconstitutional. tutional authority. Two yeai·s after the Supreme CoUl't of the United States changed its mind, and held, in another case, that the same law-the legal­ Mr. President, the question which I asked the Senator from New tender law-was constitutionrJ. Hampshire is still unanswered. If Mr. Corbett now, with the If at the time of that socond judgment Hepburn or Griswold, same case as Mr. Quay presents to the Senate, were here asking to the losing party in that cause, had come into the Supreme Court be seated, does anybody in the Senate suppose he would be seated? and said., '·I ask you to give me backthemoneywhich was awarded That question will not be affirmatively answered in the Senate. to me by your old judgment," or costs. or the debt, or whatever The Senator from .Massachusetts is talkmg about the doctrine it was, the court would have said, "No: that is res adjndicata. of res adjudicata. I am talking about the doctrine of stare de­ Your case is settled forever between you and your antagonist by cisis, and neither the Senate of the United States nor the :::>nnreme a judgment; bnt that judgment went on erroneous principles, and Court nor any other court can, within two years, in a casel1kethis, every new case that comes before us will be decided otherwise." overrule its former decision. there bein~ only the precise facts in That is just what they would have said, and my friend from the one case which a.re in the other, without doing violence to the Connecticut, I think, knows that and believes that just as I do. I doctrine of stare decisis. I know cases may be overruled; they can not doubt that so good a lawyer as is the Senator is sure I are overruled; mistakes in law are made and they should be cor­ am stating exactly what would have happened, and rightly hap­ rected; but nevertheless the doctrme of the ages has been that pened. They would not have made a new judgment in the old they should not be overruled except where the gi·avest considera· case, but they would have adopted a different principle in the tions demand it. new case, thinking they were wrong in the old one. I want to state that doctrine fully. It require$ very controlling Now. I agree that in regard to overruling old judicial mistakes considerations to induce any court to break over a former decision it should not lightly be done, and that a judge who does not be­ and lay again the foundations of the law. What controlling con­ lieve the doctrine should hesitate, and only for a good reason siderations are there here? What grave controlling considera­ overrule that decision. But I hold also- that in a Senate, which, tions exist here when the Quay case is presented to compel the • though a court. is a political body, when a Senator be1 ieves that Senate to o.-errule its former judgment in a precisely similar an old case has been decided in violation of the constitutional case delivered only two years ago and by a majority of 50 to 19? right. the most sacred right in the Constitution, namely, theright There must be controlling considerations in order to justify it. to equality in the Senate, and when he not only believes, but Will some Senator tell us what they are? But, Mr. President, I knows, as I do, that the old decision was a decision influenced not have dwelt thus at length-- by arguments upon the law, but by political considerations of how Mr. DANIEL. May I ask the Senator from Connecticut a ques­ the Senator who claimed his seat was going to vote, or by such tion? other portical considerations as wero urged upon the Senate in the Mr. PLATT of Connecticut. Certa;nly. Corbett case in argument openly in regard to ome alleged miscon­ Mr. DANIEL. What were the considerations which actuated duct of his in an election, I think that Senator is not only jusdfie<:l the Senate to overrule the precedents of twenty-five years in 182'5? to declare the law as he understands it, but that he is bound, as a :Mr. PLATT of Connecticut. What is the question? matter of constitutional duty, of sworn duty, so to declare it. Mr. DANIEL. What were the considerations which actuated Now, let me repeat, if I may-and then I will not trouble the the Senate in overruling the four or five cases antecedent to the Senator again-the Supreme Court of the United States has more Lanman case, reversing in the Lanman case the early jurispru­ than once overruled o1d opinions, not as you will if you decide in dence of the country, decisions by men who were fresh from the favor of l\lr. l _uay, going back through a long series of decisions adoption of the Constitution? What were those considerations'? which were violated in the Corbett case, but overruling decisions i\lr. PLATT of Connecticut. 'l'he mo3t noted case which oc­ which it had made in the past, and only because they were wrong. curred prior to the Lanman case was the first case which occurred, If at the same moment tho Supreme Court were to overrule a which was the Johns case. In that case the decision was that a former decision and a party to the former decision came into that Senator was not entitled to be seated under an executiYe appoint­ court and said. ''Now. you must set me right also," this same ment if there had been a legislatura jn session which could ha'f'e court, if they were unanimous, would unanimously say, "No; we filled the vacancy. That was the original decision. That was can overrule a wrong principle of law, but we can not set aside a the interpretat10n put upon the Constitution by six or seven men wrong judgment.., who were in the first Senate of 30. Mr. PLATT of Connecticut. If I weai·y the Senate, I wish to l\lr. DANIEL. If the Senator will allow me a moment, I will have the time taken by the Senator from Massachusetts charged state that the legislature had been in session in the case of John to him and not to me. Walker, of Virginia, who had been admitted prior to that without I wonder if the Senator thinks that the Senate is more virtuous dissent in the Senate. · 4548 CONGRESSIONAL RECORD-SENATE. APRIL 23,

Mr. PLATT of Connecticut. The case of John Walker is not Mr. President, that is not the way to construe the Constitution. reported here. To attempt to construe the Constitution in that way shows the l\Ir. DANIEL. No; it is not reported in Taft. weakness of the contention. Did the members of the Constitu­ Ur. PLATT of Connecticut. It is not reported here. The~ase tional Convention understand the use of language? Did they of John Walker, so far as I know, was not contested. There was know what words they were using? Did they know what was no question raised about it. It went sub silentio if that doctrine tbe meaning of the words they were using? Did they use words was involved. But in five years after the organization of the idly or inadvertently~ Not at all, Mr. President. If there ever Senate came the Kensey Johns case, presenting the same identical was a document in the whole world where words are used with question as to whether a governor could appoint after a legisla­ precise meaning that docum~nt is the Constitution of the United ture bad been in session which might have filled that vacancy, States. and the Senate decided that he could not, and it was put on that Now, the Senator sayi that at some time during the delibera· ground. tions of the Convention this language was agreed to: Between that time and 1825 the question does not seem to have Vacancies may be supplied by the executive until the next meeting of the been particularly considered. However that may be, and why legislatw·e. persons were admitted at that time. when there had been legisla­ I want to ask the Senator this: If the language which is in the tures which might have elected before the governor appointed, it present Constitution- was settled conclusively in 1825 that that could not be done; it. If vacancies happen * * * during the recess of the legislature­ was acquiesced in for more than fifty years; and the1·e is no deci­ means the same thing, what necessity was there for putting it sion since which overturns that. So for seventy-five years at least there? That is the question I waut an. wered. I want to know it has been acqufosced in in this country and decided by the Sen­ why the words "during the recess of the leg1slature" were put in ate whenever it has come up that the governor could not appoint thsre after other language had been agreed to't It is an unan­ if there had been a legislature in session which had the oppor­ swerable question. It settles thh:i whole contention. If it had tunity to elect. been provided before the Constitution went to the committee on Thah is all that was decided in the Bell case. All that the Bell style that all vacancies, however hapl)ening or whenever hap­ case or the Blair case decided, as presented here, was that there had pening, might be filled by the executive, why were the words been no legislature there which could elect. All that the Senator "during the recess of the legislature" put into the Constitution? from New Hampshire claims for the Bell case is that it was a It does not do to say they were put there by the committee on question of doubt whether the legislature could elect or not. That style unauthorized to be put there: that the Convention did not question of doubt evidently determined the case. I scarcely need know it. and therefore let them pass without observation. The refer to it. clause, as finally referred to the committee on style, was: There were two legislatures elected in New Hampshire in the Vacancies happening by refusals to accept, resignations, or otherwise, may year 1878, by reason of a change in the State constitution, the be supplied by the le~islature of the State in the representation of which vacancy falling March 4, 1879. By-the statute passed in 1865, and such vacancies shall happen, or by the executive thereof until theuext meet­ which I have cited, the last legislature was chosen in November ing of the legislature. prior to the happening of the vacancy, and that legislature did If that meant, when it went to the committee on style, that all not sit till June. It was claimed that the old legislature which vacancies might be filled by the governor no ma,tter when they sat the May previous was the last chosen legislature, but the Sen­ happened, and the clause only means the same now, why were ate held it was not. I think that is all that can be claimed for the the words" during the recess of the legislature" inserted? They Blair case. were absolutely ill chosen to make it plain that the governor 1 do not think it is necessary for me to dwell longer upon the might appoint to any vacancy. They did not make it plain that fact that to admit Mr. Quay to a seat here is not only to reverse that was the meaning. They mean somethinge1se, when they are the settled decisions of the Senate, but to go a step further, for­ put there, than that all vacancies may be filled by the governor, ward or backward, as Senators may prefer to call it, and seat a no matter when they happen or occur. . man under circumstances under which no man was ever before The Senator says that was the will of the Convention; that is seated in the Senate of the United States upon an executive ap­ what they understood; that is what they meant-namely, that pointment. whenever or however a vacancy happened. it should le filled by But the Senator from New Hampshire says that the Constitu­ the governor until the next meeting of the legislature. Now, if tion permits it. To be sure, the Senate has always decided against so, why did they put in the words "happen during the recess of him and against the argument which he raises now; but he says the legislature?" he is not and he will not be bound by the decision of the Senate; Mr. CHANDLER. No; I do not mean that an appointment and he says in effect that so often as the opportunity offers he will might be made by the governor at all times. insist that he is right and the Senate is wrong. I do not think it Mr. PLATT of Connecticut. When the legislature is not in is necessary to dwell much upon this interpretation of the Con­ session. · stitution. Mr. CHANDLER. 1 admit that the committee on style made The Senatorfrom NewHampshire finds himself forced, in order a provision that the governor should not make an appointment to maintain his interpretation of the Constitution, to read words while the legislat"qre was in session. That 1s why they put that into it. That is where he places his argument. He says the clause in. But they did not undertake to prohibit the goVf'l'llOr change of one word in the Constitution will make it read accord­ from making an appointment when there was a vacancy under ing to his contention; that is, to strike out the word "happen" any conditions except that he could not make it when the legisla­ where it occurs in the language "happen during the recess," and ture was in session, and they put in the words" during the recess insert the word "exist," so as to read "exist during the recess." of the legislature" for that purpose and no other. The difficulty with the Senator's argument is that the word Mr. PLATT of Connecticut. Did anybody ever suppose it "exist" is not there, and the word "happen" is, and that the might be construed or contended that the governor could make members of the Constitutional Convention could just as well have the appointment if the legislature was in seE>sion? put the :word "exist" there as the word "happen," and that they Mr. CHANDLER. Undoubtedly that is the theory upon which do not mean the same thing. They certainly do not where the the committee on style put it in. word "happen" is used with reference to an event and in connec­ Mr. PLATT of Connecticut. No; it is not the theory upon tion with a specified date or time. I challengethe Senator, or any which the committee on style put it in. in my judgment; it im­ Senator, to find in the English language a sentence where the pugns the intelligence of the members of the Convention to suppose I word "happen" is used in connection with a time or a date when that they inserted the words" during the recess of the legisla­ it is not limited in its meaning to that time or date. This is a ture" to prevent a governor from appointing a Senator while the I challenge that remains open, and until it is taken up it must be legislature was in session to hold until the next meeting of the held that "happen" does not mean the same thing as " exist." legislature. The Senator refers to what the Senator from •ren• I Or, he says that you can read three words into the Constitution nessee (Mr. TURLEY] says in his report and his address; the Sen· and then it will be satisfactory. Cut out the words "If vacancies ator from Tennessee is amply able to take care of himself; but in happen " and insert the words "In case of vacancies." Here the my judgment those words were put in there to render certain same trouble comes again. Those words are not in the Constitu­ what had been in the mind of the Convention and its members all tion. The Senator finds it necessary to change the language of the while, and that was that the legislature should elect when­ the Constitution to maintain his interpretation of it. And then, ever there was an opportunity when it could elect, and the gov­ in the third place, he says he can get what he wants out of the ernor should appoint only if there was no opportunity for the Constitution by transposing the language of the Constitution. legislature to elect, and the language all along ustifies that. The Senator must have been ·studying the puzzle columns of But first it must be remembered that the desire of the Conven­ some of the weekly papers, where the favorite puzzle is to read a tion was that the legislatures should elect the Senators. There sentence both ways, backward and forward, and have it mean was great contention oyer that. That was one of the storm cen­ precisely the opposite thing when read backward from what it ters of the Convention-t.hat and the equality of representation, does when read forward. That is his •Uo ument. What does he that the smaller States should have the same representation as think a court would say to the claim that the Constitution should the larger States. Those constituted the two storm cente1·s. be interpreted l.Jy transposing its language? Some members had :propos~d that they should be elected bv the 1900. CONGRESSIONAL RECORD-SENATE. 4549

house of delegates, the lower house. Others had proposed that they he would not exercise that power. So the overwhelming consid­ should be elected by the people. But the Convention said that eration was not to keep the Senate always full. It was admitted they should be "chosen" by the legislatures of the States. that the governor would not exercise this power at all times; that Now. if we have to assume purposes in order to make arguments there might be times when the Senate would not be kept full. as to what the Constitution means. let us assume for the moment It was not mandatory upon the gove'rnor. It was a permissive that it is not true that every member of that Convention by day power given to the governor in order to avoid inconvenience, and and by night was consumed with the single purpose of keeping nothing more. And yet it is now made the foundation upon which the Senate always full, but that tbey did have in mind the election the Constitution is to have words read into it and read out of it, of Senators by the legislature. Turn to Mr. Madison's explana­ upon which its plain meaning is to be changed, and words made to tion of this sentence in the Federalist and you will find that he mean something other than what they apparently mean, all be- · does not even speak of the appointment of Senators by the gov­ cause the Senate was always to be kept full. Where is the evi­ ernor. He dwells upon the election of Senators by the legislature. dence of it? I think it entirely more probable tbatit never entered And so reading prior phrases as proposed to go into the Cons ti tu tion into the minds of the framers of the Constitution that there would up to the time of its final adoption, you find them all consistent be any difficulty about a legislature refusing to elect a Senator to with the idea, the central idea, of the Convention and its members, the Senate. that the legislature should elect whenever it was possible to do so, The Convention did indeed prescribe means whereby a State and the governor should only appoint when it was impossible for might keep its representation always full in the Senate. They the legislature to do so. did that, and that is all they did, and all they intended to do. Senators may take which horn of the dilemma they please. But, Mr. President, whatever their intention may have been, Either those words were put in there to express what had been however strong their desire may h:i.ve been that the Senate should the previous intention of the Convention or they were put in there always be kept full, it does not justify juggling with the words to change what had been the previous intention of the Convention. of the Constitution and torturing their meaning. I believe that Mr. CHANDLER. Does the Senator from Connecticut want what they were thinking about was the choice of Senators by State an answer? legislatures, and I do not know that that has e>er been any better Mr. PLATT of Connecticut. I say the Senator may take either expressed than by Mr. Madison, in the Federalist, where he says: horn of the dilemma he pleases. If they were put in there to ex­ That, through the medium of the State legislatures, who are select bodies press what had gone before, it must ba considered that what had of men, and who are to appoint the members of the nat10nal Senate, there is reason to expect that this branch will generally be composed with peculiar gone before was the same idea which is expressed by those words, ca.re and judgment; that these circumstances promise greater knowledge namely, that an appointment can be made by the governor only and more comprehensive information in the national councils; and that on when a vacancy happens or occurs during the recess of the legis­ account of the extent of the country from which will be drawn those to whose direction they will be committed, they will be less apt to be tainted by lature. the spirit of faction, and more out of the reach of those occa!'ional ill humors Mr. CHANDLER. Now, Mr. President-- or temporary prejudices and propensities which in smaller societies fre· Mr. PLATT of Connecticut. Wait a moment. If they were quently contaminate the public deliberations, beget injustice and oppression toward a part of the community, and engender schemes which, though they put in there to change what had gone before, they did change it. gratify a. momentary inclination or desire, terminate in general distress, dis­ If they were put there to render certain the intention of the Con­ satistaction, and disgust. vention, then it is manifest that the intention of the framers of the That represents what was in the minds of the members who Constitution had been from the start only to allow the governor framed the Constitution, and yet an interpretation is contended to appoint when there had been no opportunity for the legislature for here which wouid give the power of appointment of Senators, to make an appointment. not only one, but two, forever to the governors in certain contin­ Mr. CHANDLER. I think the Senator ought 'to let me state gencies such as have occurred in legislatures in recent days. Sup­ that they were put in there so that the governor should not make pose a legislature can never elect by reason of "faction, ill humor, an appointment during the session of the legislature, not that be or passion," is the governor always to appoint? Was that in the should not make an appointment when the legisiature was not in minds of the men who framed the Constitution? session, for a vacancy happening or existing under any conditions. No. Mr. President; they did provide the means whereby a State My contention is just as likely to be the con-ect one as is the Sen- might be fully represented at all times by the election by the leg­ ator's. · islature when the legislature had the opportunity to elect, and by Mr. PLATT of Connecticut. To maintain the contention of the tbe temporary appointment of the governor when the legislature Senator from New Hampshire and those who agree with him had had no opportunity to elect, but that does not justify doing drives those who maintain it into ludicrous and absurd situations. violence to the Constitution, nor to the statute even. Does anybody suppose-the Senator has been diligent in search­ Suppose the legislature undertakes to disregard the statute ing the debates of the Convention-that the members of that Con­ only. The statute provides: vention thought, after they bad said that Senators should be The legislature of each State which is chosen next preceding the expira­ chosen by the legislature, and that a vacancy might be supplied tion of the time for which any Senator was elected to represent such State by the governor, that it could be supplied by the governor when in Congress shall, on the second Tuesday after the meeting and organization the legislature was in session? Does anybody really suppose they thereof, proceeded to elect a Senator in Congress. tbonght that? Suppose they proceed on the third Tuesday and not on the Did anybody ever think, until the matter was suggested by the second; will the Committee on Privileges and Elections waive Senator from New Hampshire this morning, that that was the that in order to keep the Senate always full? Suppose they pro­ reason why those words were put .into the Constitution? This ceed to elect the very next day ·after they get together, claiming method of interpreting the Constitution reminds me of the inge­ that time is of no co'nsequence. The time when an election oc­ nui_ty of the Baconian theory of Shakespeare, as it is called. The curs is of no more consequ1:ince than the time when a vacancy first thing to do is to invent a cipher and then apply it to the occurs. Suppose they proceed to elect the very next day after Shakespeare plays, and it proves that Shakespeare did not write they get together; will the Committee on Privileges and Elections Shakespeare and Bacon did. In order to prove what they want waive that m order that the Senate may always be kept full? to prove by the Constitution they have to invent a cipher, and the This statute provides that they shall first proceed to e!ect in trouble is that nobody believes that the cipher they have invented each hoUBe of the legislature, and if they agree they shall on the is the true one at all. next day go into a joint assembly and proclaim the result; but in Right in this connection, the other idea that these people who case there is no election by the separate houses, the joint assembly were framing the Constitution were worried night and day about shall proceed to elect. Suppose a legislature does not act by its providing some method of keeping the Senate al ways full, has had separate houses. They did not before the passage of the statute. a wonderful growth, a wonderful evolution. We never heard of Suppose a legislature immediately on its assembling goes into it, I think, until the opinion of Attorney-General William Wirt, joint convention without having previously voted in either house and we never heard much about it until the Bell case and the Blair and proceeds to elect a Senator and sends him here; will the Com­ case. Since then is has grown by the meat it has fed upon until mittee on Privileges and Elections seat him upon the plea that the it has become in the minds of Senators who want to seat Mr. Quay Senate must always be full? . the overshadowing and controlling consideration which was in The choice of the legicilature would be thus expressed. It the minds of the men who framed the Constitution. There is no would simply have failed to comply with the technicalities of the evidence of it. The only evidence in the debates of the Constitu­ statute. Would that be permitted in order to keep the Senate tional 'Convention is found in two instances. always full? One when Mr. Randolph, I think it was, said if they did not No, l\Ir. President, it is inconceivable to my mind that any­ give the governor power.to make temporary appointments there body should eay that these words, "During the recess of the might be "inconvenient chasms." He did not seem to be troubled legislature," used in connection with the word •·happen" do not by the fact that there might be a chasm occasionally; be was limit the power of the governor to appoint to those vacancies trouhled by the idea of" inconvenient" chasms. Mr. Ellsworth, which occur during the recess of the legislat ure. who limited the power of the governor to make temporary ap­ A final word, .\lr. President. The Senate is on trial at the bar pointments by the use of the word" may," said that if the legis­ of pub lic opinion in the United States. This case is known lature was to be soon in session the governor would not appoint; throughout the length and breadth of the United States. It is 4550 CONGRESSIONAL RECORD-SENATE. APIUL 23,

. known that it 1·esembles in eve1·y pa1·ticular a case which was Under the act of assembly of January 11, 1867, regulating the decit!ed two years ago by a vote of 50 to 19 in the Senate adverse e~ection of United States Senators, the legislature proceeded to to the claim which is r;ow made. The people of the United States ballot on the third Tuesday of Januru.·y, 1899, and cqntinued to will wani to lmow why the t'.enate changes front in this respect. ballot each succeeding day until the legislature adjourned on the They will hear that it· has been said in this discussion on the 20th of April, as aforesaid. Inasmuch as none of the candidates floor of the Senate that enough Sena.tors voted in the Corbett received amajor1tyof the votes cast, no election resulted. Seventy­ case against the.r idea of what the construction of the Constitu­ niue ballots had been taken when the legislature adjourned with­ tion should be to ch3.nge the result because of the political views out day on the .date above mentioned. On the 21st day of April, of Mr. Corbett, or becau5e of some supposed circumstances which 1899, th9 legjsJature having adjourned without an election of a happened before or during the attempt of the legislature to or­ United States Senator, the governor, under the provisions of sec­ ganize rather than upon constitutional considerations, and if t.his tion 2 of Article II of the Federal Constitut!on, appointed Mr. case reverses the Corbett case the people of the United States wi11 Quay to fill the vacancy until the next meeting of the legislature. believe that considerations other than those to ba found in the It has been urged by some that a Senator who voted against the Constitution lie at the foundation of the vote. seating of Mr. Corbett, the appointee of the governor of Oregon, This, l\lr. President, is why I implore Senators to stand by the could not vote for the seating of Mr. Quay and be consistent. former decisions of the Senate. This is why I appeal to Senators This I deny. It is never inconsistent to be right. In the .Mantle to consider things which have been long settled as settlGd, and not case, in 1893, 29 Senators voted favoring his claim to a seat and 32 attempt to reopen them. against, and his claim was like the present case. Some Senators If the decision in the Corbett case shall be reversed, there will who voted for Mr. Mantle voted against Mr. Corbett in 1898, but never be any settlement in the Senate on this question under the his case was not like the present one, as I shall endeavor to show. Constitution. No case hereafter will be settled or attempted to There are Senators who voted against Mr. Corbett who will vote be settled as Senators believe that under the Constitution it for Mr. Quay and are not inconsistent. I desire that the votes in should be settled. They will be decided upon likes and dislikes, the Mantle and Corbett cases be printed as a part of my 1·e­ upon political interests and exigencies, for revenge or for friend-· marks, and that the politics of each Senator be indicated. ship. The votes 1·eferred to are as follows: :Mr. President, why have those terms been drawn into this dis­ Vote on. Mantle case. cussion? Why has the picture been presented to us hem of the YEAS-3'.!. former Senator from Pennsylvania as a good man and a brave Aldrich (Rep.), Gray (Dem.), Ransom (Dem.), soldier, endeared by association of his twelve years' service to Sen­ Berry (Dem.), Lindsay (Dem.), Smith (Dem~, ators here? Why are'' friends and enemies" of Mr. Quay alluded CaffeB; (Dem.), McMillan (RB:.), Stockbridge Rep.), Call ( em.), McPherson ( em.), Vance (Dem .• to in this discussion? Once overturn what has been already set­ Camden (Dem.), Mills (Dem.), Vest (Dem.), tled in the Senate and nothing is ever to be settled hereafter, but Coke (Dem.), Mitchell, Wis. ~Dem.) Vilas (Dem.), n. seat in the Senate is to be the sport and play of political or per­ Cullom (Rep.), Murphy (Dem. , Voorhees (Dem.). Dixon (Re .), Palmer (Dem.), Washburn (Rep.), sonal friendships or enmities. Faulkner 0Dem.), Pasco (Dem.), White, Cal. (Dem.), Mr. President, there are no enemies of Mr. Quay here. In the Gallinger (Rep.), Platt (Refi), White, La. (Dem.). consideration of this case there should be no friends-that is to George (Dem.), Proctor ( ep.), say, no one on account of his friendship should vote for Mr. Quay­ NAYS-29. no one should vote for him on that ground alone. Let it once go Bate (Dem.), Hunton (Dem.), Pugh (Dem.), Butler (Dem.), Irby (Dem.), Roach (Dem.), out to the people of this country that a Senator is to be seated Cameron (Rep.), Jones, Ark. (Dem.), Sherman (Rep.), because a majority of the Senate like him, and because he is en­ Davis (Rep.), Jones, Nev. (Rep.), Shoup (Rep.), deared to them by long association, because he is a good man or a Dubois (Rep.), Martin (Dem.), Squfre (Rep.), brave man, and a Senator who comes here who is not liked and Frye (Rep.), Morgan (Dem.), Stewart (Rep.), who is not endeared to them by association, who can not be said Hansbrou:§h (Rep.), Peffer (F. A.), Teller (Rei)), Hawley ( ep.~, Perkins (Re-R_.)• Walthall ti em.), to be a great man or a brave man, is not to be seated, the Senate HiJ)_gins (Rep. , Pettigrew ( ep.), Wolcott ( ep.). from that hour will sink into deserved disrepute. H' (Dem.), Power (Rep.), Mr. President, the old fable of the lawyer and the ox, in which NOT VOTING-2-i. the lawyer is made to say that it makes a difference whose ox is Allen (Pop.), Daniel (Dem.), Kyle (Ind.), Allic.;on (Rep.), Dolph (Rep.), Lodge (Rep.), gored, has always stood in literature as the keenest satire ever Blackburn (Dem.), Gib~n (Dem.), Manderson (Rep.), leveled against partiality in the administration of justice. Can it Brice (Dem.), Gordon (Dem.), Mitchell, Oreg. (Rep.), be possible that the Senate, in its decision. is about to illustrate Carey (Re&>· Gormau (Dem.), Morrill (Ref,.), Chandler ( ep.), Hale (R~.), Quay (Rep., that old fable anew? If the judgment in the Corbett case, deliber­ Cockrell (Dem.), Harris ( em.), Turpie (Dem.), ately made, is now to be reversed for the benefit of Mr. Quay, will Colquitt (Dem.), Hoar (Rep.), Wilson (Rep.). not thepeoplehavearightto ask whether the Senate has not, like the Vote on Corbett case. lawyer in the fable, taken into consideration the ownership of the YEAS-50. ox? The present claimant of this seat in the Senate, who thought Allen (Pop.), Gormn.n (Dem.), Penrose (Rep.), less than two years ago that Mr. Corbett should be rejected, now Bacon (Dem.), Gray (Dem.). Pettigrew (Silver Rep.), Bate (Dem.), Hale (Rep.), Pettus (Dem.~ comes with a case admittedly weaker, and asks a decision in his Berry (Dem.), Heitfeld (Poi)), Platt, Conn. ( ep.), favor. If the Senate shall accede to his request, the people will Burrows (Rep.), Jones, Ark. ( em.), Rawlins (Dem.), have a right to ask, and will not be slow to ask, upon what Butler (Pop.), Jones, Nev. (Silver), Roach (Dem.), Caffery (Dem.), Kenney (Dem.), Shoup (Re~.), grounds the reversal of the Senate's decision rests. Thereafter, Carter (Rep.), Lindsav (Dem.), Stewart ), Money (Dem.), Warren (Rep.), Faulkner ( em.), Nelson (Rep.), Wellington (Rep.). argued by the ablest and most distinguished lawyers of the Repub­ Gallinger (Rep.), Pasco (Dem.), lic; and were it not for the fact that I cast my vote against the NAYS-19. seating of l\1r. Corbett upon the appointment of the governor of Aldrich (Rep.), Hn.nsbrough (Rep.), Perkins (Rep.), Oregon, I should not now detain the Senate. In justice to my­ Allison (Rep.), Hawlek tRep.), Sewell (Rep.), self. however. I feel that I should explain why I could vote against Baker (Rep.), Hoar ( ep.) Turner (Fusionist), Fairbanks (Ref,.), Lodge (R1f,.), Wetmore (Rep.), the seating of Mr. Corbett and yet vote for seating Mr. Quay. Foraker (Rep. , Mantle (S' ver Rep.), Wilson (Rep.). The full term of the Hon. Matthew Stanley Quay, senior United Frye (Rep.), Mason (Rep.), States Senator from Pennsylvania, expired on the 3d day of Hanna (Rep.), Morrill (Rep.), March, A. D. 1899, while the legislature of that State was in ses­ NOT VOTING-20. sion. At the beginning of said session a concurrent resolution Cannon(Silver Rep.), McEnery (Dem.), Quay (Rep.), was offered in the Senate fixing the time for adjournment on the Chandler (Rep.), McLaurm (Dem.), l:\mith (Dem.), Daniel (Dem.), Morgan (Dem.), §pooner (Rep.), 20th day of April following. This resolution unanimously passed Ellins (Rep.), Murphy (Dem.), Walthall (Dem.), both houses. It then became a standing rule of the legislature Gear (Rep.), Platt, N. Y. CRep.), White (Dem.), and could not be changed except by a two-thirds vote. Harris (Pop.), Pritchard (Rep.), Wolcott (Rep.). On the evening of January 3, 1899, a Republican caucus was Kyle (Ind.), Proctor (Rep.), called for the purpose of nominating a person to be voted for as Mr. KENNEY. The case of Mr. Corbett is, in many essentials, the Republican candidate for the office of United States Senator. different from that of Mr. Quay. In the Oregon case there had not At this caucus several candidates were voted for, but Senator been any organization of the house of representatives of the State, Quay, having received 98 out of the 109 Republican votes present, and there was no legislature able to elect. After many weeks in was unanimously declared the caucus nominee of the Republican a vain attempt to organize, the legislature, or what there was of party. it, adjourned, and, there having been no election of a Senator to 1900. CONGRESSIONAL RECORD-SENATE. 4551 fill the vacancy caused by the expiration of the term of Mr. Mitch­ and if no violence is done to the fair meaning of the word or clause ell, Governor Lord appointed Mr. Corbett, who appeared here and you can aid the purpose shown by the context, you are bom1d asking to be given a seat on that appointment. to construe it. His credentials were referred to the Committee on Privileges Chi~f Justice Marshall, in Gibbons vs. Ogden (9 Wheaton, page and Elections, and after consideration the committee made to the 4), said: Senate two reports-one, the majority report, recommending that If they contend for that narrow construction which, in support of some he be not seated, and the other, the minority report, favoring his theory not to be found in the Constitution, would deny to the Government those P?Wers whic~ the wo~ds of the grant. ~s uc;uaUy u~derstood, import, claim. Without reference to the findings of the committee, it was and wh1ch are consistent with the general views and obJects of the instl'u­ a notorious fact that the failure of the house of representatives of ment; for that narrow construction, which would cripple tbe Government Oregon to organize was due to the efforts of Mr. Qorbett and his and render it unequal to the objects for which it is declared to be instituted, friends, and that influences other than arguments were used to and to which the powers given, as fairly understood. render it competent, then we can not per~ive the propriety of this strict construction, nor adopt accomplish tb1s end. So that .Mr. Corbett came to the Senate un­ it as the rule by which the Constitution is to be expounded. der. the appointment of Governor Lord, after having prevented As men whose intentions require no concealment generally employ the words whlch most directly and aptly express the ideas they intend to con­ the organizat10n of the legislature, and for the reason and with >ey, the enlig.htened patriots who framed our Constitution and the people the purpose that thereby he would prevent the election of a suc­ who adopted it must be understood to have employed words in their natural cessor to Mr. l\1itchell and secure to hlmself the appointment for sense and to have intended what they have said. If frorn the imperfection, of two years by the governor. h~1man la11g1~a~e there should be serious dottbts '·especting the extent of any gn·en power, it is a well.-settled ntle that the objects fo1· which it ivas given, espe­ Had the Oregon legislature organized and elected Mr. Corbett, C'iall11 u:hen those objects are expressed in the instrument itself, shoi~ld have he having used the same means to secure an election which he great influence in, tlie construction. used to insure his appointment bythegover.nor, this Senate would In Story on the Constitution, section 400, the rule is thus stated: have refused him a seat, and as rightly so as it did in refusing The first and fundamental rule in the interpretation of all instruments is him a seat on the appointment ot the governor. Not all who to construe them according to the sense of the terms and the intention of the voted against SAating Mr. Corbett were governed in their actions parties. Mr. Justice Bla.ckstone bas remarked that the intention of a. law is to be gathered from the words, the context, the subject-matter, the effects by that view of the Constitution taken by those who to-day oppose and consequence. or the reason and spirit of the law. the seating of Mr. Quay, and those who voted against him on the He goes on to justily the remark by stating that words are genera.Uy to be grounds laid down above will be entirely consistent in voting to ~nder:stood in ~heir usual and most kno!'n signification, not so much rega.rd­ mg the p1·opriety of grammar as their general and popuillr use; that ir seat Mr. Quay. I am frank to admit that it was the former and words happen to be dubious, their meaning may be established by the con­ not the latter reason which controlled my action in the Corbett text, or by comparing them with other words and sentences in the same case. instrument; that illustrations may be further derived from the subject­ matter with reference to which the expressions are used; that the effect Were the charges against Mr. Corbett not ·true, and my vote and consequence of a particular construction is to be examined, because if agaiust him cast wrongfully, whether from a view of the Consti­ a literal meaning would involve a manifest absurdity, it ought not to be tution or not, I feel that to vote in the present case against Mr. adopted; and that the reason and spirit of the law, or the causes which led to its enactment, are often the best exponenti; of the words and limit their Quay for the sake of being consistent. when against my clear and application. fi.xecl convictions as to the right of the matter, could not be de­ fended or justified on any ground. This clause giving the governor the power of temporary apnoint~ In the case now before the Senate there is no charge against Mr. ment is part of Article I of the Constitution, whfob, made by all Quay, and by all it is admitted that the sole question is: Was the the people of the United States, created and provided for the or­ appointment of ~ir. M. S. Quay by the governor of Pennsylvania ganization of the legislative department of the Government called legal or not? and is, therefore, wholly a legal and constitutional the Congress, and made it to consist of the House of Representa­ question. tives and the Senate. It defined how the members of each should The answer can only be found in a just and proper construction be elected, the qualifications of each member, and how many mem­ of the Constitution, aud political convictions can not and must bers should constitute each body. The election of members of the not ent-er into its consideration. Former action by the Senate in House is vested in the people, but those of the Senate in the legis­ cases like the one now under consideration can not be held to bind lature of each State, and it provided not only for the election of members of the present body, for the reason each Senater is bound each member but for filling the vacancies in each body. under his oath to support the Constitution, and he alone is to pass In section 2 of Article I it is provided as to the House of Repre­ upon its meaning as understood by himself; another's construction sentatives that- is not to bind him nor furnish him with an interpretation con­ When vacancies happen in the representation frcm any State, the e:x:ecu­ trary to his own understanding of that instrument. tive authority thereof shall issue writs of election to fill such vacancies. The Senate owes its existence to the Constitution, and the mode Here first occurs the use of the word happen. It is also used of choosing the members thereof and of filling vacancies is alone in connection with a vacancy, and it is not used to denote a mo­ prescribed by that instrument. ment of time when the event originated or first occurred, but to Section 3 of Article 1 of that Constitution provides that- denote the event itself and its dumtion. Surely this is most perti­ Tho Senate of the United States shall be composed of two Senators from nent proof as to the sense in which the word happen was used in each State, chosen by the legislature thereof for $ix years. the clause now in question. It was obvious, however, that vacancies might occur which Then, in section 3 of Article I, comes this provision: would defeat the intent of always having two Senators from each The Senate of the United States shall be composed of two Senators from State, and the1·efore we find in the same article this further pro­ :~ ~~t;~~eo;~e~y the legislature thereof, for six years; and eac.h Senator vision: * * * If vacancies happen by-resignation, or otherwise, during the recess The Senate, to complete it, to make it the body which the Con­ of the legislature of any State. the executive thneof may make temporary stitution intended, must have two Senators from each State, for appointments until the next meeting of the legislature, which shall then fill the words used are: · such vacancies. The governor of Pennsylvania derived his power, if any he had, ea::hhst~~~~te of the United States shall be composed of tico Senators from to make this appointment to fill the vacancy from this clause of And it emphasizes this meaning by providing that- the Constitution, and on its just construction rests the answer to the question. Each Senator shall have one vote. In considering this clause we must seek for the intent of those The votes are not to be by States, each State one vote, but each who made it. We mu8t not lose sight of the fact that it is the Senator has one vote. Constitution. the organic law of the country; that it was not made As this clause shows a. plain intent for a full Senate, the con­ to cover details, but by general provisions toextendoverhundreds struction of all other clauses of Article I should be in furthe1·ance of :rears and thousands of cases. the differences in which could not of and not opposed to the same, and yet the opponents of the gov­ be foreseen. Construction does not mean to hinder, but to help; ernor's power advocate a construction directly opposed to this ~nd the law charges us to remember this in seeking the genera.I marked intent. mtent and purpose in the construction of the Constitution. TI?en co?les, as if s~ll further clearly impressing and deplaring Chief Justice Gibson. of the supreme court of Pennsylvania, in the mtention to provide a full Senate, the p1·ovision under discus­ Commonwealth vs. Clark (7 W. & S., page 133), said: sion, in these words: A constitution is not to receive a technical construction like a common-law "' * * If vacancies happen by resignation, or otherwise, during the recess instrument or a statute. It is to be interpreted so cu to carry out the great of th:e legislature ?f any State, th_e executive tl~ereof way make temporary princip!es of the go1:er11ment, not to defeat them. :Egg~!:~t~s~tll the next meetmg of the legislature, which shall then fill The court of appeals of New York, in The People vs. Fancher The makers of the Constitution used the language most aptly. (50 New York, page 293),said: I~ the purpo~e had been. to limit the governor's power to fill vacan­ Indeed. the science of words alone can not control in the constrnction of a Cies only which began m recess and not to include those which written constitution, which must be rather interpreted with reference to its spedal and general intent and the ordinary and usual sense of the pbrase­ began before but continued into recess, they would have used olo~ than to the literal and technical meaning of the words used. (Henshaw words defining that intent and, instead of the languaga used, vs. .r·oster County, ti Pick., 3Tu; Mattox vs. The United States, 156 U. S.,43.) would have said, "if vacancies shall begin or originate in recess." In construction, when doubts exist, the context is to be looked at, Both the words "begin'' and "originate" are left out and the word 4552 CONGRESSIONAL RECORD-SENATE. APRIL 23,

"happen" used, and so with the intent that it should include the them in the one case, it would have as certainly controlled them duration of the vacancy till filled. in the other, and, therefore, this aspect of the contention must be Sena.tor Turpie, in discussing the question in the Mantle case abandoned. in 1893, expresses himself on the use of the words ''by resignar Much stress is placed by those who oppose the seating of Mr. tion or otherwise" as follows: Quay on what they claim to find in the debates in the Constitu­ The original draft of the instrument did not contain the words "by :t'esig­ tional Convention supporting their contention. Inasmuch as nation or otherwise." Having done away with the obstacle in the use of the those who drafted the Constitution did uot adopt it, little force word " happen," the opponents of this construction take refuge in the phrase "by resignation or otherwise." They claim that it is a limitation upon the should be given to their particular views, for there is no evidence power of the go>ernor, and that the vacancy which happens is one that is that the great body of the people who did adopt it shared these occasioned by resignation. or, as they claim it, "otherwise," meaning by sim­ views, be they pro or con. ilar modes to resignation, something like resignation. The supreme court of Pennsylvania on this question, in Com­ We ~f the majority say that "otherwise'' includes every other casualty by which a. vacancy should occur; every other casualty, no matter what it mon wealth i,·s. Balph (111 Pa. State Reports, page 380, etc.), said: may be. "Otherwise" means "other ways." Gentlemen may examine John­ son, the contemporary authority with the Constitution of tho United States, In the consideration and discussion of this action of the Constitution, I the nearest contemporary. the first of English lexicographers. not the last throw out of view the copious citations which have been furnishod us from nor the least in learning. He defines the term "otherwise" to mean "other the debates in the convention. They are of value as showing the views of ways, in another manner, in a different mode or manner, not in a similar individual members and as indicating the reasons for their votes. But they way, not in the ~am e way, not in a way like the first named." And the real give us no light as to the views of the large majority who did not talk, much less of the mass of our fellow-citizens whose votes at the polls gave that in­ question in this debate is not how a vacancy occurred, but whether it exists. strument the force of fundamental law. We think it sa.l:e to construe the The giving to the governor the power to fill vacancies was in Constitution from what appears upon its face. order that that body should be full. There could have been no Prior debates in the Senate give no aid except as an opinion of other purpose in the minds of the framers of the Constitution, the Senator who then spoke, and the greatest care must be exer­ and that being so, and the purpose for the granting of that power, cised lest it be now construed different from the sense in which how can it be successfully contended that in cases like the present he intended it. one that power shall be or is withheld? If the power was given that the Senate might be kept full, then certainly that reason Citation of what a Senator said in any former case is proof only should govern not in a class of vacancies, but in all. of what he thought, and is no evidence of what were his associ­ The Senate, besides its legislative powers, has in a degree execu­ ates' thoughts or of the grounds on which the particular case was tive functions. Our foreign representatives, judges of the Federal decided. If the foregoing views be correct, the conclusion must courts, and all other officers of the Government can only be be that the governor of Pennsylvania bad the power, on April 21, 1899, to make the t~mporary appointment he did to fill the vacancy appointed by the "advice and consent of the Senate." then existing in this body from that State. In these appointments, as in other matters, the President is en­ But, Mr. President, there is a view of this case which I do not titled to have the advice of the Senate, not a part of that body, remember to have heard discussed by any who have spoken to the but that body as created and authorized by the Constitution-two question and one which clearly demonstrates that, should the con­ from each State. This body otherwise composed is not, can not tention held by the majority of the Committee on Privileges and be, such a Senate as is provided for by the Constitution, neither Elections be sustained, it might :result in at least one State being, is any representation in this body from a State which is less than for the two years beginning with March 4, 1901, without any rep­ two, such a representation as is provided by the Constitution that resentative in the Senate. It is the case in the State which I now that State is entitled to. Each State is guaranteed two Senators, have the honor to represent in this Chambei·. and it is not an answer to a different condition to say that by the By reason of the failure of legislatures to elect Senators there failure of a legislature to do its duty that therefore all the people are to-day three States, viz, Pennsylvania, Delaware, and Utah, of the State shall suffer, and they and the Government shall be that are represented in this body by a single Senator each, and deprived of the right guarantied to both by the Constitution. In if the legislature which will be elected in Dela.ware this year the Bell case in 1879 Mr. Edmunds said: should at its session in January and February next fall to elect The Constitution is looking to have each State represented in this body all the time, and by some method that the Constitution provides, and looks to Senators, that State would for two years be without any repre­ do it, and therefore when it uses the word "otherwise" it uses a comprehen­ sentative in the Senate-that is, if the contention held by those sive term, so that in whatever way a State ceases to have opportunity to ex­ who oppose the seating of Mr. Quay f?hould obtain and the Sen­ press its full voice here in this council of States it shall be filled up tempora­ rily by t.he governor until the legislature, the chief and sovereign power in ate hold against seating the appointees of governors in cases like the State, next meeting, can have an opportunity to fill it. the present one. In another part of his argument in the Bell case, Senator Ed­ In the cases of Pennsylvania and Utah there would not be this munds said: condition should their legislatures fail to elect in 1901, for the reason the present Senators from those States hold until Hl03, So. then, Mr. President, I have no difficulty with this case myself after hearing all that has been said on this subject and thinking about it, and I be­ while the term of the Senator from Delaware expires March 3, lieve if we decide it in favor of this candidate. a matter of very little prac­ 1901. I am not advised that in any case of a vacancy like the one tical consequence of course, because the legislature shall meet so soon, we under considemtion, except the one now in Delaware, there existed shall have established a just and wise deci

By section 4, Article I, it is provided: without the reservation in section 4 the National Government The times, places. and manner of holding elections for Senators and Repre­ would have been completely at the mercy of the States. sentath·es shall be prescribed in ea.ch State by the legislature thereof. This section has been construed by the Supreme Court as in­ Having by the preceding sections adopted the States as instru­ vesting Congress with plenary supervis;on over tlie entire sub­ mentalities of the General Government to furnish suitable repre­ ject, save only as to the places where the legislature shall meet. sentation to keep the Federal Government supplied, the States are, The power of Congress, under the Constitution, to provide the by section 4, clothed with certain discretion to employ their own time for legislative action on Senatorial vacancies can not be election machinery, which, for this important function, is adopted doubted. It would be competent tor Congress to enact the very as a Federal agency. Times, places, and methods of conducting provision that Pennsylvania bas put in its constitution, practi­ elections are also left to the convenience of the several States. cally requiring all vacancies to be p1·omptly filled by the legisla­ If the Convention had stopped there the majority of the States ture. might, by concerted action, have brought the Federal machinery As the law now stands, existir;g regulations of Senatorial elec­ to a full stop. While .such a contingency was riot probable, it was tions have been furnished partly by the States and partly by Con­ a possibility against which wise statesmanship was bound to pro­ gress. These must be read totiether, because together they con­ vide. Therefore another provision in the natm·e of a check was stitute a single system of supervision and control. thought necessary and was appended to section 4, as follows: By the act of 1866 Congress has provided for the manner of procedure in three cases: But the Congress may at any time, by law, make or alter such regulation First. When a vacancy is anticipated. except a.s to the places of choosing Senators. Secondly. When a vacancy exists when the legislature meets. By the adoption of this Constitution the several States surren­ Thirdly. When a vacancy happens during the session. dered their sovereignty to this extent, that the General Govern­ The constitution of Pennsylvania has undertaken to provide for ment might have supervisory control over the whole subject of the filling of vacancies existing during a recess of the legislature, selecting members of the National Legislature. They virtually and thus the entire field is covered. tendered to the Union the use of their legislative and executive In contemplation of law Congress thus adopted as its own any machinery so far as was necessary to subserve this Federal pur­ State regulation as to time and manner that it has not seen fit to pose. Thus was provided an admirable system of checks and l:al­ alter. This doctrine is well illustrated by the Supreme Court in ances, alike cred,table to both State and nation. Ex parte Siebold (100 U.S., 371). This was a case of habeasc01·pus As we have seen, Federal supremacy was indispensable, for issued out of the United States Supreme Court to test the legality \vhenever the General Government is empowered to act at all it of the conviction of certain State officers who served as inspectors must be supreme. As Chief Justic$3 Marshall expressed it: of election in Maryland under State laws at an election of members The General Government, though limited as to it.-; objects, is sup1·eme with of Congress. Beai· in mind the people indicted those State officers. respect to those objects. They were serving under State laws, and the Government of the During the discussions that followed the work of the Conven­ United States undertook to indict those State officers for a viola­ tion this section was viciously attacked as an encroachment upon tion of their own State laws. The United States court had enter­ the rights of the States. It was vigorously defended by Mr. Ham­ tained jurisdiction under section 5515 of the Revised Statutes. im­ ilton in the Federalist. He says: posing penalties for any violation of official duty in connection with such elections. A conviction resulted under a Federal indict­ Its propriety rests upon the evidence of this plain proposition, that every government ought to contain in itself the means of its own preservation. ment. The theory upon which the conviction was sustained by the ~· * * Nothing- can be more evident than that an exclus.ivefower of regu­ Supreme Court was that although the regulations were made by lating elections for the National Government in the hands o State legisla­ the State to control the election of members of Congress they had tures would leave tlle existence of the Union entirely at their mercy.-Daw· son's Edition, page ill. been virtually adopted and become a part of the Federal scheme, so that the infraction might be punished as an offense against the Under the last clause of section 4 Congress has undoubted power laws of the United States. · Not having been altered by Congress, to make complete regulations as to time and manner of elections, and Congress having complete supervisory power over the sub­ and thus to displace all local regulations heretofore made, or it ject, such State regulations had the force and effect of Congres­ may alter such State regulations. This involves the power to ap­ sional enactments. pro,•e in part and reject in part existing provisions, and to adopt I quote from the language of the opinion (pages 387-388) : as the Federal rule such altered regulations. It also implies the It is objected that Congrcs11 bas no power to :punish State officers, and power to adopt without change the regulation made by the State, especially has no power to punish them for violatmg the laws of their own in which event it becomes a constituent part of the Federal plan ·state. As a general ptopm,ition, this is undoubtedly true; but, \Vhen in the performance of their functions State officers are called upon to fulfilJ duties of regulation. which they owe to the United 8tates as well as to the State, has tho former As is well known, Congress has several times exercised this no means of compelling such fulfillment? Yet that is the case here. It is the power. It has superseded State regulations, so as to secure uni­ duty of the States to elect representatives to Congress. The due and fair form elections of members of Congress. lt has also regulated the election of these representatives is of vital importance to the United States. The Government of the United States is no less concerned in the transaction manner of procedure in elections of United States Senators. (14 than the 8ta.tc government is. It certainly is not bound to stand by as a Stats., 243.) passive spectator when duties are violated and outrageous frauds are com­ Congress has never found it necessary to exhaust its power by mitted. It is directly interested in the faithful performance by the officers of election of their respective duties. dictating to the States the time when Senatorial vacancies should These duties are owed as well to the United States a.q to the State, this be filled. It may seem startling, at first blnsh, that Congress may necessarily following from the mixed character of the transaction-State and prescribe to the States the time when legislatures shall convene, national. • • • · Tne State l:l.ws that Congress sees no occasion to alter, but which it allows but a reference to the debates will dispel all doubt that this is ex­ to stand, arc in effect adopted by Congress. (Page 388.) actly what the Convention intended and insisted upon in so far as might be necessary to insure elections of members of the second The authority of this case has been repeatedly reaffirmed by the House. Supreme Court. (Ex parte Clark, 100 U.S., 399; United States When this section was under consideration in the Convention, vs. Gale, 109 U. S., 65; Ex parte Yarborough, 110 U. S.) it was moved to confine this language to the House of Represent­ Applying this reasoning to theE"ame provision sofaras it relates atives, being of opinion that as to the Senators the right of the leg­ to the election of Senators, and tbe Pennsylvania regulation for islature to regulate was necessarily involved in the right to ap­ frequent sessions becomes a constituent part of the Federal scheme point-you see that raised the exact question-but the motion was of regulation, and is entitled to be regarded as of the same virtue disagreed to. (Growth of Constitution, page 88.) Later on, as though expressly enacted by Congress. It would be destruc­ Pinckney and Rutledge moved to strike out the clause allowing tive of all harmonious action and would impeach the wisdom of Congress to regulate the election of Senators, on the ground "that Federal supervision if it were otherwise. the States should be relied upon." Thus these two constitutions ~ustain to each other in this joint Gorham, King, Madison. and Gouverneur Mon-is were all of scheme much the same relation as two cogwheels which are oper­ the contrary opinion. Madison said that the words authorizing ating together for the purpose of transmitting power. In this the States to regulate were words of great latitude and it was im­ case it is a Federal power that by this joint contrivance is dis­ possible to see what abuse might be made of such discretion. The tTibuted to the State machinery. Recurring now to the cogwheels, motion of Pinckney and Rutledge was defeated, and the text was if you insert a lever and stop eit.he1· wheel, the whole machine is ma.de to read: paralyzed. Sc the Federal Government, which is intrusted with the super­ But regulation in each of the foregoing cases may, at any time, be made or vision and control of the entire scheme, must protect that portion nltered by the Legislature of the United States. of the apparatus furnished by the States, because it is an integral This was referred to the committee on style, and was reported part and a necessary adjunct of the electoral machinery. and adopted as we now find it in the text. Now, suppose the very language of the Pennsylvania constitu­ It requires but a moment's reflection to catch the force of Madi­ tion had been employed by act of Congress in making regulations son's warning. Suppose a number of States should conspire to for such election and the governor of Pennsylvania had openly embarrass the National Government. They might pass laws pro­ defied such law by refusing to issue his proclamation and had viding for meetings of their legislatures once in five years, and assumed to make a temporary appointment. How many Senators 4556 CONGRESSIONAL RECORD-SEN.ATE. .APRIL 23; on this floor would vote to seat his nominee and so deprive the adopted a different formula. Instead of ordering the executive legislature of its lawful function? to call sessions of the legislature to fill vacancies, it has author­ Congress is concerned in the integrity of the whole scheme over ized the States to convene the legislature at such times as they which it presides and for which it is responsible, and the provi­ may select. Pu rs uan t to this authority the people of Pennsy1 vania. sion that the legislature of Pennsylvania shall be convened to fill have issued the order to the executive to convene the legislature all Senatorial vacancies jg a part of it. The provision in question to fill every vacancy as the same occurs. Is not the edict of the was adopted in 1874, and is as follows: State under these circumstances entitled to the same respect here eection 4, Article IT. In case of a vacancy in the office of United States Sen­ as though directly proclaimed on Federal authority? ator from this Common wealth in a recess between sessions the governor I assert that the major proposition in debate is not that the shall convene the two houses by proclamation, on notice not exceeding sixty Senate be kept full, but that the machinery of the Constitution days, to fill the same. shall not be broken down; that the legislature shall not be de­ If I have demonstrated that Congress has control over this spoiled by executive assumption; that the Senate_,shall not be kept whole subject, then it follows that Congress is under the same full by revolutionary means and unlawful procedure; that the obligation to enforce the State regulation that it adopts as it is to temporary expedient shall not survive the emergency for which it alter or reject such as it disapproves. . was provided and to which its exercise was restricted. Th1s Pennsylvania regulation is in exact accord with the spirit But, sir, for the purposes of the argument, suppose that my con­ of the Constitution. The Convention, after mature deliberation, tention "is unsound that the State regulations of Federal elections determined that Senators should be chosen by the legislature and are of the same dignity and consequence as Federal regulations that this power should not be intrusted to any other body or because adopted into the Federal system. It must be proved that tribunal, nor yet to the people.• Whenever, therefore, an oppor­ they are entitled to recognition and respect at the hands of Fed­ tunity js afforded for the legislature to fill a vacancy, the purpose ernl authorities. of the Constitution and the best interests of the Union are pro­ We have seen that the States are, in this regard, exercising moted. Federal power to accomplish a Federal purpose. Our Constitu­ The vice of the minority, and I may say, Mr. President, the sur­ tion virtually commands the States, in the interest of the Union, prising inaccuracy of the statement made upon this floor, is that to supply membership for the upper House. It places the super­ the power of temporary appointment is considered as equal to the vision of the whole subject upon Congress. Our Government has filling of the vacancy. Several times to-day the expression has practically said to the States, in view of the great inconvenience escaped the lips of Senators here that the governor fills the Ya­ and expense involved and because of varied conditions in the cancy, and the power of temporary appointment is practically several States, We will not insist upon extra sessions to fill all recognized as equivalent, if not superior, to the function dele­ Senatorial vacancies as they occur. We have arranged for a tem­ gated to the legislature. If adopted by the Senate, the legislature pora1·y appointment until your legislature can conveniently meet, is practically subordinated to the governor. The power of tempo­ and we leave the details to you. Are we to be told that Congress rary appointment is secondary in its nature and can never rise to is to remain indifferent as to how and whether the States execute the level of the legislative prerogative. It can never become an this power, and that a Statestatutewhichembodies this authority equivalent for the power to fill a vacancy. The vacancy is placed is to be regarded as purely a matter of local concern? What then beyond executive control. The power conferred on the governor becomes of the control that Congress is required to exercise over is a mere temporary expedient provided to meet a case where the this whole matter? legislature can not act, because it can not act, and to terminate as Now, what response did the State of Pennsylvania make to the soon as legislative action can be secured. It was a m akeshift, de­ Federal suggestion? With great loyalty and patriotism she in­ signed to meet an emergency happening in a recess, and was to serted in her constitution, where it was beyond the reach of the expire with the recess-" until the next meeting of the legisla- legislature, a provision which reaches the utmost limit of Federal ture " is the language. . requirement. She tenders to the United States the use of her leg­ There was no thought that it could obstruct or prevent a meet­ islative machinery as often and as soon as a vacancy happens in ing of the legislature. It was intended to supplement, nottosup­ the Senate, providing only for a notice of sixty days. This geri­ plant, legislative function. Whenever and as often as the legis­ erous attitude is characteristic of that magnificent Commonwealth lature has a legal opportunity to assemble it is entit;ed to plenary that has never failed and never flinched in her fidelity to the jurisdiction of the vacancy, and the temporary expedient, being Union. unnecessary, wholly disappears. Cessante ratione cessat ipsa lex. Now, it is seriously proposed that this Government, through its Now, what bas the governor of Pennsylvania done? Senate, shall exercise its supervisory power by confederaUng with At a time when provision had been made under Federal sanc­ an obstructionist to overthrow the constitution and spurn the tion, as I have shown, for a meeting of the legislature to .fill this generous overtnres of the State made for our benefit and at our vacancy, when, to use the language of the Constitution," the next instance. meeting of the legislature" was ready to assemble. and only What greater indignity or humiliation could be inflicted upon a awaited his proclamation, when there was no excuse for a tem­ great State? porary appointment, he seizes upon this pretext and literally For, remember, Mr. President, this is a far-reaching proposi­ usurps the prerogative of the legislature. This he does in order tion. It is not limited, in its pernicious consequences, to the that he may increase his own patmnage and perpetuate his own Quay vacancy-but silences the sovereign behest of that great favorite. Mr. President, such conduct is not only unconstitu­ State forever. tional, but it is revolutional'Y· It ought to be condemned by What Governor Stone has done his successors may do, and when every law-abiding man, either in or out of the Senate. this Senate has once fixed the seal of its approval it will require But it is said that the law of Pennsylvania can not override the Jess hardihood on the part of succeeding governors. There will Constitution. whereby the governor is clothed with the right to be the pretext of example added to the temptations of interest'. appojnt. Mr. President, there is no conflict of law, as we have Thus the power of temporary appointment will swell the regular shown. There can be no temporary appointment except for the patronage of the executive office, and the constitution or Penn:. purposes and within the limits fixed by the Constitution. sylvania will forever remain a dead letter. Mr. President, I have no Suppose the legislature of Pennsylvania determined to have right to speak for this great Commonwealth of Pennsylvania, and continuous sessions, as it has a clear right to do. In that event shall not assume to do so. Her honor is not committed to my every vacancy in the Senate could be filled without delay. What keeping; but, representing in part another State upon this floor, would become or the power of temporary appointment? Of course I am not willing to join in the assault upon her constitution. it would be unnecessary and barren. The conditions would not Nor will I vote to approve a certificate which is to all intents and a1·ise to warrant its exercise. In such a case would there be any purposes a letter of marque and reprisal against the organic law conflict of law or any impairment of executive prerogative? The of a sister State. ~overnor bas no vested right in this appointment as against the No reasonable man can doubt that the plan of the Pennsyl­ ~egislature of his State, yet that is practically what you are hold­ vania constitution, jf it could be generally adopted. would be ing by recognizing this certificate. highly beneficial to the General Government. The proper way Let me revert again to the Constitution to better illustrate the to keep the Senate full is to fill the vacancies. functions that the State is compelled to discharge to aid in the op­ The distinguished Senator from Virginia [Mr. DANIEL] enriched eration of the Federal scheme. By clause 4, section 2, of Article I, his scholarly address here the other day by a reference to the laws it is provided, ''When vacancies happen in the representation from of nature. "Nature abhors a vacuum," and, according to hfu any State, the executive authority thereof ehall issue writ5 of elec­ views, a vacancy here was in like manner a bhorrent. It aeems tq tion to fill such vacancies." Here the Constitution lays its in­ me that his illustration was singularly unsuited to bis logic. His junction directly upon a State officer to accomplish a Federal whole argument was in advocacy of a continuing vacancy, which purpose. It does not undertake to dictate the form of thewr1t or a temporary appointment can never fill. He declines to consent the local procedure. That is left to the State authority. But that the vacancy shall be filled when appropriate means are at e-\ ery subordinate State officer concerned in executing the man­ hand, but insists upon keeping open the aching void. date is for that purpose and to that extent an instrument~lity of Mr. President, on Saturday the Senator from California [.Mr. the National Government. PERKINS] was speaking about the experiences of his State and was Now, in the case of Senatorial, elections the Constitution has congratulating the Senate and himself and the country upon the 1900. CONGRESSIONAL RECORD-HOUSE. 4557

successful conduct of the legislature of his State. He spoke highly but a number of Senators are opposed to the motion, and so I shall of the distinguished gentleman who has been brought here as h's not make it. co~league. The Senator 1rom Pennsylvania [Mr. PExnosE], an Mr. HALE. Instead of adjourning, I desire at a later hour a acute and able man. thought he saw that that suggestion from the short executive session, to confirm a very important appointment; Senator from Ca i ~ ornia was not advancing his contention; and but I shall not interfere with the Senator from Pennsylvania. so, rn quite dramatic style, you remember, be interrupted the Sen­ Mr. PENROSE addressed the Senate. After having spo!rnn for ator from California and desired to know whether the governor some time. of Ca1;tornia did not receive some assurances from the members Mr. SEWELL. I ask the Senator if he would not rather finish of the legislature that influenced him to call that extra session. his speech to-morrow morning, when there will be a larger at. The effort was to differentiate the State of California from the tendance in the Senate? State of Pennsylvania; and why should he not? Because, Mr. Mr. PENROSE. I am perfectly willing to have the Senate ad· President. right on this floor we see the fruits of the two systems; journ if it is so desired. we see California with her representation full; we see two able [Mr. PENROSE'S speech will be found entire in the RECORD of men representing that great Commonwealth-the fruit of the April 24.] policy of the Constitution which was pursued by the governor of California. What is tile fruit of the other policy pursued in Penn­ Mr. SEWELL. I move that the Senate adjourn. sylvania? It is this miserable contest, which is obstructing the Mr. CHANDLER I ask the Senator to substitute for that mo­ pnblic business, and which is deplorable in its every aspect. No tion a motion for an executive session. wonder the Senator from Pennsylvania should wish to differentiate Mr. SEWELL. I will then move an executive session. the two. The motion was agreed to; and theSenateproceeded to the consid~ eration of executive business. After five minutes spent in execu­ What was the reply of the distinguished Senator f~om Califor­ nia? Why, he thought that there had been a rumor of some such tive session the doors were reopened, and (at 6 o'clock and 35 assurance, but what the assurance was he could not tell. I in­ minutes p. m.) the Senate adjourned until to-morrow, Tuesday, ferred, after the debate was over, that some members of the legis­ April 24, 1900, at 11 o'clock a. m. lature of California had whispered in the ear of the governor, and he therefore called the legislature. But I would submit to .my NOMINATIONS. distinguished friend from Pennsylvania that upon an equally Executive nominations 1·eceived by the Senate Ap1·il 28, 1900. credible rumor I suggest that somebody whispered in the ear of INDIAN AGENTS. the governor of Pennsylvania, who thereupon declined to call the Morris L. Bridgeman, of Great Falls, Mont., to be agent for the _legislature together; and we will let the two whispers stand one Indians of the Fort Belknap Agency in Montana, vice Luke C. over against the other and proceed to settle this great question on Hays, whose term ·will expire May 1, 1900. sorue higher plane than mere stage whispers. Oscar A. 1\Iitscher, of Oklahoma, Okla., to be agent for the But we are told upon this fioor that loc:al political conditions Indians of the Osage Agency, in Oklahoma Territory, vice William were such as to justify a disregard oftheconstitution; that another J. Pollock, resigned. session of the legislature would have been barren of results, and PROMOTIONS IN THE NAVY. therefore the governor was warranted in nullifying the organic Lieut. Commander Herbert Winslow, to be a commander in the law. This is the speciou~ plea of every man who finds jt conven­ Navy, from the 27th day of March, 1900, vice Commander Henry ient to break the law. This strips the law of its sanctity. Con­ W. Lyon. promoted. _. stitutions are made to be obeyed by governors as well as by other Lieut. Edward E. Wright, to be a lieutenant-commander in the men. Laws become a mockery if they may be broken as often as Navy, from the 29th day of March, 1900, vice Lieut. Commandei· the Jawbreaker decides that no good purpose would be subserved William B. Turner, promoted. by their observance. The poor wretch who steals a loaf is not permitted to explain APPOINTMENTS IN THE VOLUNTEER ARMY. that the crime was necessary to preserve the life of his children To be assistant quartermasters 'With the rank of captain. and worked no actual hardship to the lawful owner. His eyes First Lieut. Thomas B. Lamoreux, Second Artillery, United are dazzled by the gleaming radiance of the law, and he is bustled States Army, April 18, lSOO, to fill vacancy caused by the appoint. off to jail. But larceny too often becomes respectable when it ment of Littell, assistant quartermaster, United States Army, to becomes great. Under this sentimental view a crime may assume be quartermaster, United States Volunteers. magnificent proportions and.challenge admiration. .A high officer John Gibbon. jr., of Oregon, April 18, 1900, vice Payson, honor· who robs a legislature of its prerogative and appropriates it to ably discharged. his own use may escape condemnation by arguing that it would COLLECTOR OF CUSTOMS. have done no good to follow the mandate of the law, and that by Charles 0. Huff, of Maine, to be collector of customs for the taking the constitution by the throat he has subserved the public district of Kennebunk, in the State of Maine, vice Ed win Pa1·sons~ weal. resigned. This Chamber is the place where law should be sacred for its ASSISTANT SECRETARY OF THE INTERIOR, own sake, and where such a lame and impotent excuse should not Frank L. Campbell, of the District of Columbia, to be Assistant pass current. Secretary of the Interior, vice Webster Davis, resigned. Therefore, Mr. President, whether we consult the plain precept AUDITOR FOR PORTO RICO. of the Constitution or the vital interests of our Government; John R. Garrison, of the District of Columbia, to be auditor of whether we consider the deference due to the great State of Penn­ the island of Porto Rico. Original appointment as provided for sy1vania or the integrity of a joint system of regulation over by an act of Congress approved April 12, 1900. which Congress presides, or whether we contemplate the threat­ ened calamity, the loss of all our precedents for a hundred years, TREASURER FOR PORTO RICO. we are as matter of law and· duty bound, no matter with how J. H ..Hollander, of the State of Maryland, to be treasurer of the much of personal regret, to deny a seat in this body to l\lr. Quay island of Porto Rico. Original appointment as provided for by until he receives the indorsement of his legislature. an act of Congress approved April 12, 1900. Mr. LINDSA. Y. Mr. President-- Mr. PENROSE. It is su~gested to me by the Senator from CONFIRMATIONS. Michigan [Mr. BuRRowsl that if the Sena.tor from Kentucky is Executive noniinations confirmed by the Senate April £3, 1900. willing to yield, I may address the Senate briefly. I will ask the ASSISTANT SECRETARY OF THE NA VY. Senator to do so. if it suits his convenience. Frank W. Hackett, of New Hampshire, to be Assistant Secre· .:\lr. LINDSAY. Of course I will do anything that is agree­ tary of the Navy. able-- PROMOTION IN THE ARMY. Mr. PENROSE. The suggestion comes entirely from the Sen­ Artille1·y ann. ator from Michigan. First Lieut. Samuel D. StUl'gis, Sixth Artillery, to be captain, Mr. LIND8AY. Of course I yield to the Senator from Penn­ April 8, 1900. sylvania. Mr. CHANDLER. I move that when the Senate adjourn to· day it be to meet at 11 o'clock to-morrow morning. HOUSE OF REPRESENTATIVES. 'l'he motion \Yas agreed to. Mr. PENROSE. Mr. President, while I am willing to proceed MONDAY, April 23, 1900. with the brief remarkswhich I haveprepared upon the Quay case, The House met at 12 o'clock m. Prayer by the Chaplain, Rev. I will state that I am perfectly willing to consult the convenience HENRY N. COUDEN, D. D. of the Senate and the wishes of the Senators here present, either The Journal of the proceedings of Saturday last was read and by proceeding now or going on to-morrow morning. If, however, approved. · it is the wish of the Senate that I should proceed at this time, I LEAVE OF ABSENCE. will do so. I do not desire to trespass upon the time of the Senate. By unanimous consent,.Jeave of absence was granted to Mr, .Mr. JON.ES of Arkansas. I intended to move an adjournment, ELLIOTT for one week. 4558 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

BUSINESS OF THE DISTRICT OF COLUMBIA. COMMITTEE. jmous consent for the present consideration of a bill which the Mr. JENKINS. Mr. Speaker, I ask unanimous consent that Clerk will report. next Monday be substituted for to-day for the consideration of The bill was read, as follo:ws: . business reported by the Committee on the.District of Columbia. Be it enacted, etc.• That all public lands now remaining undisposcd of within the abandoned miiitary resen-ation in the States of North Dakota and The SPEAKER. Is there objection to the request of the gen­ Montana, formerly known as Fort Buford Military R eservation, and which tleman from Wisconsin, that next Monday be substituted for this are not otherwise occupied or useu for any public purpose, are h ereby made day for the consideration of business reported from the Commit­ subj~ct to disposul under the homestead, town-site, and desert-land Ia.ws: Provided, That ac>tual occupants thereon upon the lst day of January 19110 tee on the District of Columbia? if otherwise qualified, shall have the preference rii:?ht to make one entr1- not There was no objection, and it was so Ol'dered. exceeding one quarter section: Provided further. 'l'hat any of such lands as NICARAGUA-~ CANAL. are occupied for town-site purposes, and any of the lands that may be shown to be valuable for coal or minerals, such lands so occupied for town-site pur­ Mr. HEPBURN. Mr. Speaker. I ask unanimous consent that poses or valu:;i.ble for coal or minerals shall be dispmied of as now provided Tuesday and Wednesday of next week-Mayland 2-be set apart for lands subJect to entry and sale under the town-site. coal. er mineral-land for the consideration of the bill H. R. 2538, a bill which provides laws, respectively: Pr01:ided further, That this act shall not apply to anv subdivision of land, which subdivision may include adjoining lands to the for the construction of a canal connecting the Atlantic and Pa­ amount of ltiO acres, on which any buildings or improvements of the United cific oceans. making the consideration of the bill a special order States are situated, but such lands shall be appraised and sold as now pro­ for the days in question immediately after the appl'Oval of the vided by faw. Journal. The SPEAKER. Is there objection to the present considera­ Mr. McRAE. Mr. Speaker, I do not rise toobjecttotherequest tion of the bill? of my friend from Iowa, but I think we have a special order al­ Mr. McRAE. Before consent is given, I should like to know ready set apart for Monday-the free-home bill. the size of this reservation and its character. Mr. PAYNE. No; the gentleman is mistaken. That is set for Mr. SPALDING. Mr. tipeaker.Iwill say that this is an aban­ the 3d. noned military reservation in the semiarid region at the junction Mr. McRAE. I find I was mistaken. Mr. Speaker. I make no of the Yeliowstone River with the Missouri. There are about objection to the request of the gentleman from Iowa. 500,000 acres of it, anc1 there is probably one-third to one-half of it Mr. SHACKLEFORD. MT. Speaker, before consent is given, I that is available for agricultural purposes, the balance being un­ desire to submit an inquiry. I would like to ask the gentleman tillable bluffs and bottom lands covered with brush. on the Mis­ from Iowa how much time is to be devoted to the consideration souri and Yellowstone rivers. The value of it is so little as to of the bill 'in the general debate? make it undesirable for entry under the McRae Act; but the1·eare ·· ~fr. HEPBURN. Mr. Speaker, I thought that in all possibility settlers going into that country who desire to take up such por­ we would be enabled to dispose of the general debate on the first tions of it as are suited for agricultural purposes. day, and that on the second day, when the bill is before the House, Mr . .McRAE. Why can they not do it under existing law? we might consider and djspose of it by sections under the five­ :Mr. SPAL DING. The buildings on it have be,.. n sold by the minute rule for debate and amendment. I want to get a vote on Government. so that there are supposed to be no improvements on Wednesday and dispose of the matter at that time. it; but in case there should be a few buildings left. a proviso has Mr. SHACKLEFORD. Mr. Speaker, I have taken the trouule, been inserted that the act shall not apply to any subdivision of as a member of the committee reporting this bill, to submit a land which may include adjoining 11mds to the amount of leO minolity report on the bill, and if there is some understanding for acres on which any Government buildings or improvements may the time to l::e allowed for discussion-that is, as to how much remain, but that such lands shall be appraised and sold a.s pro- time on the minority side may be allowed-I shall not object. vided by law. · Mr. HEPBURN. Of course I can not tell anything about that. Mr. McRAE. Why can not the settlers take the land under ex­ I do not know now what opposition will be developed during the isting law? discussion, but I want to be absolutely fair about it. and I have no l\Ir.-SPALDING. Because it is not worth a dollar and a quarter doubt that we may arrive at a satisfactory arrangement as to the an acre on an average. This hill is reported unanimously from distribution of time. the committee and has the indorsement of thl3 Land Department. Mr. SHACKLEFORD. With the understanding, Mr. Speaker, .Mr. McRAE. The law does not require land to be worth a dol· that we may have one-half of the time provided for the consider­ lar and a quarter an acre. ation of the bill. I will not object. !llr. SPALDING. The minimum price at which it can be sold .Mr. HEPBURN. Certainly; I can have no objection to that. under existing law is $1.25 per acre. as I understand the law. The SPEAKER. The Ohair hears no objection to the request The SPEAKER. Is there objection to the present consideration of the gentleman from Iowa, and the order is accordingly made. of the bill? The Chair hears none. JIIESSAGE FROM THE SENATE. Mr. RICHARDSON. I should like to ask the gentleman if A message from the Senate, by Mr. PLATT, one of its clerks, an­ there is any formal letter here from the Department or bureau nounced that the Senate had passed bills of the following titles; in recommending this legislation? which the concurrence of the House of Representatives was re­ Mr. SPALDING. There is a letter which is in possession of quested: the committee, giving the status of the title to this land; but the S. 4168. An act to increase the limit of cost for the purchase of letter which the Department wrote, the contents of which I have site and erection of a building thereon at Leadville, Colo.; been informed of, was sent to the Senate and is now there. Com­ S. 3436. An act granting a pension to Catharine Weinheimer; missioner Hermann told me that they recommended tlle enactment S. 2610. An act to authorizethepurchaseof thepropertyknown of this bill into law. The bHl was ordered to be engrossed and read a third time; and as the Corcoran Art Gallery, in the city of Washington, D. C.; it was accordingly read the third time, and passed. S. 2572 • .An act to amend an act entitled "An act for the erec­ tion of a public building for the use of the custom-house and On motion of Mr. SPALDlNG, a motion to reconsider the last post-office at Newport News, in the district of Newport News, vote was laid on the table. Va.," approved February 21, 1899. UNITED STATES COURT, BILOXI, MISS. SEN.ATE BILLS REFERRED. Mr. McLAIN. Mr. Speaker, I ask unanimous consent for the Under clause 2 of Rule XXIV, Senate bills of the following titles present consideration of the bill (H. R. 6808) to amend an act au­ were taken from the Speaker's table and referred to their appro­ thorizing the terms of the district court of the United States for priate committees as indicated below: the southern district of Mis<:iissippi to be held hereafter at Biloxi. S. 2572. An act to amend an act entitled "An act for the erec­ The SPEAKER. The gentleman from Mississippi asks unani­ tion of a public building for the use of the custom-house and mous consent for the presen~ consideration of a bill which the post-office at Newport News, in the district of · Newport News, Clerk will report. Va.. " approved February 21, 1899-to the Committee on Public The bill was read as follows: Buildings and Grounds. Be it enacted, etc., That the first section of cha.pter351 of the United States Statutes at Large, entitled '•An act an thorizing the t erms of the district court S. 2610. An act to authorize the purchase of the property known of the Uni;ted_States for the southern district of Mississippi to be held here­ as the Corcoran Art Gallery, in the city of Washington, D. C.-to after at Biloxi," approved March 2. 18J9, be amended as follows, to wit: After the Committee on Public Buildings and Grounds. the words "district court" insert the words "and circuit court." S. 3436. An act granting a pensi.on to Catharine Weinheimer­ SEC. 2. That this act take effect from and after its passage. to the Committee on Invalid Pensions. Thfl SPEAKER. Is there objection to the present consideration S. 4168. An act to increase the limit of cost for the ;mrchase of of the bill? .site and erection of a building thereon at Leadville, Colo.-to tho There was no objection. Committee on Public Buildings and Grounds. The bill was ordered to be engross3d and read a third time; and FORT BUFORD ABANDONED MILITARY RESERV.A.TION. it was accordingly read the third time, and passed. On motion of .Mr. McLAIN, a motion to reconsider the last vote Mr. SPALDING. Mr. Speaker. I ask unanimous consent for was laid on the table. the present consideration of the bill (H. R. 9496) to provide for the disposaJ of the Fort Buford abandoned military reservation, D.A.:!11 ACROSS RAINY LAKE, MINNESOTA. in the States of North Dakota and Montana. l\1r. FLETCHER. Mr. Speaker, I ask unanimous consent for The SPEAKER. The gentleman from North Dakota asks unan- the present consideration of the bill (H. R. 7945) to amend an act 1900. OONGRESSIONAL .RECORD-HOUSE. 4559

entitled HAn act permitting the building of a dam across Rainy au act to prohibit the passage of local or special laws in the Territories, to Lake Rh-er." limit Territorial indebtedness, etc.," approved March 4, 1898, caused an elec­ tion to be held in the city of Tucson on the 5th day of 1\fay, 1898, on tho ques The bill was read, as follows: tion of issuance of Sl00,000 fifty-year 5 per cent interest-bearing bonds of Be it enactfd, etc., That section 3 of an act entitled "An act permitting tho tl\,e said city of Tucson for the construction of a water and sewerage system building of a dam acrol'S Rainy Lake River," approved May 3, 183 , and grant- in the said city, and notice of said election was duly given as prescribed in ing to the Koochiching Company, its successors and assigns, the consent of the said act of Congre-s.~. and at said election more than two-thirds of the Congress to construct a dam a.cross the Rainy Lake River, be, and the samo voters qualifiE'.d as in the said act of Congress prescribed voted for the issu is hereby, amended RO a. " t-0 read ns follows: ance of the said bonds; and "That this act shall be null and void unless the dam herein authorized Whe-reas afterwards the said city of Tucson appointed a water and sewer- shall be completed within fivo years atter the 3d day of May, 189 ~ ." age c~l.J?ission t-0 inves~gate th~ q_uestion of water supply an~ waterworks The amendments recommended by the committee were read as·I for said city, a:r;ia the smd commIBsion .re,commended to tp.e said mayor and ' common council the purchase of the exmting water plant mste-ad of the con- follows: strnction of a wholly new plant ror s:iid city, and the mayor and common Line 5, strike out" third" and insert; "fourth." e<>uncil thereupon and after consideration voted to purchase such existing Line 11, after the word•· be,'' insert the words" commenced within three water pl:i.ut and to issue the said $100,000 of bonds for that purpose: Now, yeurs and." therefore, Line 12, Rtrikt:> out "third" and insert "fourth.·· Be it enacted, etc., That the mayor and common council of the city of Tuc- son, Ariz., be, and they are hereby, authorized, upon the passage of an ordi­ The SPEAKER. Is there objection? nance or resolution to that effect, to issue SlOU,000 fifty-year 5 per cent interest­ Mr. LACEY. I would like to ask the gentleman a question. benringbondsofsaidcityforthepurchaseforsaidcityoftheexistingwater Do you in any way relieve the builders of this improvement from plant which supplies the said city and its inhabitants wlth water. Said bonds ma_y be made payable in gold coin of the United States of America of the putt1ng in f.sh ways? present standarrl weight and fineness. Said bonds shall be in such form and Mr. .l!' LETCHER. No, sir; it is simply an ext<_>nsion of the time denominations, and payable at such time and place, and interest thereon shall for one year. b e payable annually or semiannually, as the mayor and common council of The SPEAKER. Is there obJ·ection to the present consideration snid city shall provide in said ordinance or resolution. Said bonds shall be signed by the mayor, have the corporate seal of the city affixed. attested by of the bill? f After a pause.] The Chair hears uone. the city recorder, and the coupons may bear the engraved or lithographed The amendments recommended by the committee were agreed to. signatures of tho mayor and recorder, or be signed by tbem in person. The The bill as amended was ordert!d to be engrossed for a third purcbas~r of the said bonds shall not be bound to sAe to the application of tbe pure-ha.so money. The said Sl00,000 of bonds may be issued in whole or in reading; and b•ing engrossed, it was accordingly read the third part payment for s:i.id existing water plant, and the city may, in addition to time, and passed. such bonus, assume as part of the purchase money of any water plant so pur­ On motion of )fr. FLETCHER, a motion to reconsider the yote chased any mortgage existing thereon, not exceeding in amount the sum of SlO,COO, and may provide for the payment of the ;;ame by the issue of like by which the bHl was passed was laid on the table. bonds of the city, or in such other manner as the mayo1· and common council Mr. FLETCHER. .J\lr. Speaker, I desire to have the other bill shall by ordinance or resolution determine. lie ou the tablf>. SEO. 2. That the mayor and common council of said city of Tucson are hereby required and directed to levy and collect, in addition to all other taxes The SPEAKER. Wjtbont objection, that order will be made. in Raid city, an ad valorem tax upon all the taxable proporty in said city suf­ There was no objection. fi cienttopaytheinterestonthesaid bondsasthesamebecomesdue, and also at or before the time when the principal of the said bonds becomes due, a fur- NEW ORLEANS AND NORTHWESTER~ RAILWAY CO::UP.d.NY. ther ad valorem tax upon all the taxable property in said city sufficient to ~fr. RANSDELL. :Mr. Speaker, I ask unanimous consent for -pa.ythe same or to provide for thepayment thereof. Such taxes shall be the present consideration of the bill (H. R. 8962) to authorize the levied and collected at the same time and in the same mnnner a9 other taxes 1'1.Tew Orleans ancl Northwestern Rail=ay Comp0 nv, its successors upon the property in said city. But the city may use and apply the net rev­ .i:~ ,. 0 J cnues of the water ptant to pay interest on the bonds issued under this act, and assigns, to builu and maintain a ·bridge across Bayou Bar- and to the extent that such revenues are actually so used and applied may tho1ornew, in the State of Louisiana. omit the levy and collection of said tax, or the city may use such net rave· ·11 d h dm d d b th · -t nues or any part thereof for the extension of said \vater plant. The bl an t e amen en ts recommen e Y e comm1 tee SEo. 3. That the mayor and common council of the said city are hereby were read at lenO'th. authorized to operate, manage. and control the said waterworks so author- The SPEAKER. Is there objection? [After a pause.] The ized to be purchased, and for this purpose to appoint such agents, servants, · h and employees as they may deem proper, and to pay the same out of the rev- Chair ears uone. enues from the said waterworks or from any other revenues of the said city The amend men ts recommended by the committee were agreed to. not otherwise app1'0priated. · The bill as amended was ordered to be engrossed for a third SEC. 4. Tbat all acts and parts of acts, general.and special, so far as they . d b · d •t di 1 d th th· d are in conflict with the prov1&ions of this act, are hereby repealed. and no read Ing; an eing engrosse , 1 was accor ng Y rea e Ir proceedings for the issue of the bonds in this act authorized or for the assump- time, and passed. tion of the mortgage debt in this act authorized shall be necessary other than On motion of Mr. RANSDELL, n. motion to reconsider the vote those in this act provided for. by which the bill was passed was laid on the table. The amendments recommended by the committee were read, as UNITED STATES CIRCUIT COURT AT NEWBERN AND ELIZABETH follows: . CITY, N. C. Insert, after the word "thereon," in line 7, -page 3, the words "not exceed­ 1\Ir. THO_j!AS of North Carolina. Mr. Speaker, I ask unani­ ing in amount the sum of Sl0,000." mous consent for the present consideration of the bill that I send The SPEAKER. Is there objection? [After a pause.] The to the Clerk's C::esk. Chair b~ars none. The Clerk read as follows: The amendment recommended by the committee was agreed to. A bill (H. R. 5:.">9ti) establishing terms· of the United States circuit court at The bill as amended was ordered to be engrossed for a third Kewbcrn and Elizabeth City, N. C. reading: and being engrossed, it was accordingly read the third Be it enacted, etc., That terms of the circuit court of the United States time. and passed. for the eastern judicial clistrict of North Carolina shall be held at Newbern and Elizabeth City, in said district, at the times fixed by law for holding the On motion of Mr. WILSON of Idaho, a motion to recomider terms of the district court of the United States at said places, Newbern and the vote by which the bill was passed was laid on the table. Elizabeth City. RIGHT OF WAY FOR CANALS AND DITCHES. SEC. 2. That the deputy clerks of the United States district courts at New­ bern and Elizab;;i th City i,.hall act as deputy clerks of the circuit court herein Mr. DE VRIES. Mr. Speaker, I ask unanimous consent for the provided for unless t he circmt judge and the district judge of said eastern 1022:>) district of North Caroiina shall appoint deputy clerks of the circuit court for present consideration of the bill (H. R. relating to rights said terms, and said deputy clerks shall be responsible upon their bonds as of way for canals and ditches used for irrigation and other bene­ deputy clerks of the district court for any malfeasance, nonfeasa.nce, or mis­ ficial uses. feasance in office. The bill was read, as follows: SEC. 3. That this act shall take effect and be jn force from and after its passage. Be it enacted, etc., That the provisions of sections 18 to 21, inclusive, of the net of March 3, 1891, entitled "An act to repeal timber~culture laws, and for The amendments recommended by the committee were read, as other purposes," are hereby extended and made applicable to ru~hts of way follows: through the public lands, parks, and rcservation1:1 of the United States for Insert the word "now" between the words " times and fixed," in line 5, canals.. ditches., pipes and pipe lines, electric poles, lines, anct :plants, flumes, section 1, of the bil1. tunnels, or other water conduits, dams. and reservoir:; used to promote irri­ Strike out "ection 2 ef the bill. gation, mining-, manufacturing, the generation and disti·ibutiou of electric power, and supplying water for domestic, public, or any other beneficial use. The SPEAKER. Is there objection to the present consideration ouch rights of way may be obtained by individuals, associations, or corpora­ of the bill? [After a p ·i.nse.] The Chair hears none. tions where it is intendJ!d to use the water for any one or me>re of the pur­ The amendments r ecommended by the committee were agreed to. poses herein named, and any right of way heretofore obtained for a canal or ditch under said a.ct of .March 3, 1891, or the act of .Tauuary 21, I!-'!).), appearing The bill as amended w as ordered to be engrossed for a third in 2d Statutes at Large, at page 635, or the act of 1\Iav H. 18W, a ppearing in 2ey water for any one or mor~ of said pu.rposes: Pro-uided, That no such right of wav sh.all be located On motion of l\Ir. THOMAS of North Carolina, a motion to re­ within or through any park, forest, military, Indian, or other re;;ervation, coil.Sider the vote by which the bill was passed was laid on thetahle. except upon the expre~ approval of tho cbief officer of the depiu·tment or BOXDS FOR WATERWORKS, TUCSON, ARIZ. bureau under whose supervision such park or reservation falls. and upon a. fi.nding•by him that the same is not incompatible with the public interests. Mr. WILSON of Arizona. Mr. Speaker, I ask unanimous con­ sant for the present consideration of the bill which I send to the The amendments recommended by the committee were read, Clerk's desk. as follows: Amend the title by striking out the words "for canals and ditches used for The Clerk read as follows: irrigation and other beneficial uses,. and inserting in lieu thereof the words A bill (H. R. 4468) to authorize the city of Tu<:son, Ariz., to issue bonds for ••through parks. reservations, and other public lands." waterworks, and for other purposes. Strike out of line 9, fage 1, the words'' electric poles, lines, and." Whereas the mayor and common council of the city of Tucson, Ariz., Strike out of lines 1 and 12, page 1, the words "the generation and distri­ aoting under the authority of the a.ct of Congress entitled "An act to am.end bution of electric power," and msert after the word "use," in line 13, page 1,

• 4560 CONGRESSIONAL RECORD-HOUSE. APRIL 23,-

the words "and for electric plants, poles, and lines for the generation and there be an hour of general debate upon that provision when it is distribution of electr1c power, and for telephone and telegraph purposes." Strike out of line 12. page 2, the word "no," and 1nsert after the word reached. "shall" line 13, same page, the word "only." Mr. LOUD. I shall not oppose free discussion, but there can Strike ouli of line 14, same page, the word "except," and out of line 15, really be no debate on that proposition unless it be upon an same page, tbe word "express," and add, after the word "interests," in line 18, same page, tht" words " Provided further, That this act shall not apply to amendment to the bill; and that would come up under the :five­ the Yellowstone National Park." minute rule. Mr. PAYNE. Mr. Speaker, this bill is too general and too im­ Mr. TAWNEY. I think there is room for debate on the provi­ portant to pass in this way. I object. Here is a bill that refers sion itself independently of any amendment: and I believe the to a dozen other statutes, and no man can know what they are gentleman would not lose anything by setting aside at least one without having opportunity to refer to them. hour for discussion on that provision. Mr. LACEY. I hove my friend will withdraw the objection, Mr. LOUD. I have no objection. and that will give time for the matter to be fully explained. This Mr. GRIGGS. Gentlemen representing the minority of the is a very simple bill. committee have suggested to me that only one hour be devoted to Mr. PAYNE. It seems to be a complicated bill, and gentlemen the discussion of each of the two contested questions already men­ ought to have an opportunity to 1·ead the bill and see what laws tioned, the hour to be divided equally between the two sides-that it refers to. I shall object to its consideration in this way. is, half an hour to a side. Mr. SHAFROTH. It was very ca1·efully drawn by the com­ Mr. MOODY of Massachusetts. I wish to say that there are mittee. some other people interested in both those questions besides the The SPEAKER. Objection is made. members of the committee. The question Ol the pneumatfo-tube Mr. PAYNE. I call for the regular order. service is a question not of $500,000 but millions of dollars to be annually expended by the Government if we embark upon the POST-OFFICE APPROPRIATION BILL. measure proposed in this bill. I think we ought to have at least Mr. LOUD. Mr. Speaker, I move that the House resolve itself two hours of general discussion upon it. into Committee of the Whole House on the state of the Union for Mr. GRIGGS. I have no objection; I simply made the sugges- the consideration of the Post-Office appropriation bill. Pending tion. that, Mr. Speaker, first, I desire to ask a reprint of this appropria- Mr. MOODY of Massachusetts. I want a chance to say some- tion bill (H. R. 10301). thing myself. The SPEAKER. The gentleman from California asks unani- Mr. . GRIGGS. But I do not see why gentlemen can not dis- mous consent for a reprint of the bill H. R. 10301, being the Post- cuss that question during the course of the general debate. Office appropriation bill. Is there objection? [After a pause.] Mr. TAWNEY. I hope the gentleman from California will The Chalr hears none. consent to an hour's discussion on the provision I have indicaled. :Mr. LOUD. Mr. Speaker, I would ask that general debate close Mr. LOUD. I shall not object, though I think it wholly un- with to-day's session, and that there be two hours' debate upon necessary, because it is a proposition which will not require any the contested propositions, namely, special facilities and pneu- discussion in itself. The only thing that can provoke discussion matic tubes, when those propositions are reached. must be some amendment. • Mr. SWANSON. I do not see the gentleman from Tennessee .Mr. ALEXANDER. I hope the gentleman from California will [Mr. MOON] and the gentleman from Arkansas rMr. LITTLE]-the assent to the request of the gentleman from .Minnesota (Mr. gentleman from Georgia fMr. GRIGGS] can speak for himself-and TAWNEYl. it is very satisfactory with this change: That we have an hour for Mr. LOUD. I have already stated that I would not object. special facilities and an hour for pneumatic tubes and an hour for Mr. TAWNEY. I ask, then, unanimous consent that one hour free delivery. That would give three hours' debate, half an hour Ibe devoted to the provision of this appropriation bill relating to on each side, on these propositions when they come up. rail way postal clerks, when it is reached. Mr. GRIGGS. Who is opposed to rural free delivery? The SPEAKER. Does the gentleman from California accept Mr. SWANSON. There may ba some discussion wanted. It that as a modification of his request, or shall the Chair submit it may not be used, but this would make provision for it if it is separately? needed and gentleman want to speak on it. Mr. LOUD. I assent to it. Mr. GRIGGS. lshallinsistontwohoursonfreeruraldelivery. Mr. SWANSON. Permit me to make this suggestion: There Mr. LOUD. I want to say, Mr. Speaker, that these arrange- can be no amendment upon the provision referred to by the gen­ ments were made with those representing the minorlty of the com- tleman from Minnesota which would not be subject to a point of mittee-not the minority so far as parties are concerned. I had order. It would seem to me that, if desired, one hour's discuss1on reached an agreement with the gentleman from Arkansas fMr. could be had on ~hat subject to-day as a part of the general de­ LITTLE] and the gentleman from Tennessee [Mr. MooN], who have bate. If in addition to the general debate to-day we occupy an made a minority report on this bill, and personally I should not hour on that subject to-morrow, and an hour on frea rural deliv­ feel disposed, without consulting with them, to change that re- ery, and these other hours which have been assigned to special quest. facilities and pneumatic-tube service, we shall not get through Mr. SWANSON. Well, we have got a debate of two hours on the bill this week. We have all of to-day for general debate; and these propositions. I suggest that during to-day an hour be given to the discussion of Mr. LOUD. Two hours' debate on these propositions when they the feature of the bill in which the gentleman from Minnesota is are reached. interested. Mr. SW ANSON. An hour on each side? .1\lr. TAWNEY. That was ·not my request. My request was Mr. LOUD. An hour on each side, one to be controlled by the that an hour be devoted to the discussion of that feature of the gentleman from Tennessee [Mr. MooN] and on this side by my- bill when that particular paragraph is reached. It relates to one self. of the most unportant arms of the service. Mr. BINGHAM. Four hours on the two paragraphs? The SPEAKER. The Chair understands that the four hours Mr. LOUD. Yes. devoted to the two subjects named will be divided equally, two The SPEAKER. The gentleman from California moves that hours on a side, the gentleman from California to control one the House resolve itself into Committee of the Whole House on half the time and the gentleman from Tennessee [Mr. MooN] the state of the Union for the consideration of the Post-Office ap- the other half. The gentleman from Minnesota has added a re­ propriation bill; and, pending that, asks unanimous consent that quest which, as the Chai.r understands, is to be included with the general debate be closed with to-day's session, two hours to be de- request of the gentleman from California, that one hour be de­ voted to the subject of pneumatic tubes, one hour on each side, voted to the question of the railway postal clerks when that ques­ and two hours to the discussion of special facilities, one hour on tion is reached under the five-minute rule. Is there objection to each side. this amended request? .l\lr. TAWNEY. I desfre to make a request of the gentleman Mr. MOON. Do I understand the proposition correctly? Is it from California that he allow at least one hour for general debate that there be four hours for general debate, and that then during on that provision in relation to railway postal clerks. the consideration of the bill under the five-minute rule an hour Mr. LOUD. I do not know why that question can not be dis- be devoted to the question of pneumatic-tube service and an hour cussed to-day. There is no contention in the committee on that to special facilities? subject-no minority report. I have no doubt that an hour for Mr. LOUD. The prdposition is to have general debate on those . the discussion of that question could be obtained during the five- two propositions-two hours upon each-when the propositions minute debate. relating to those subjects are reached in the bill. Mr. TAWNEY. I am not a member of the committee, and The SPEAKER. The Chair will repeat the request, as the other members interested in that provision are not members. I Chair now understands it. The requ rst of the gentleman from did not suppose there would be opportunity in the general debate California is that this day be devoted to the general debate on the for any discussion upon that subject except by members of the IPost-Office appropriation bill, and on to-mouow, or when the sub­ committee. I think that provision should be considered when it ject shall be reached under the five-minute rule, that one hour on is reached just as these other questions, because a great many each side shall be devoted to the matter of special mail facilities, members are very much interested in it. I therefore 1·equest that and one hour on each side to the subject of the pneumatic-tube 1900. OONQ-RESSIONAL RECORD-HOUSE. 4561 service, and one hour also to the matter of railroad postal ser­ Mr. WM. ALDEN SMITH. We try to represent them. I do vice; the time, namely, four hours, to be equally divided be­ as far as I am concerned. tween the two sides and to be control1ed on one side by the Mr. LOUD. The gentleman from Michigan says he tries to gentleman from California fMr. Loun] and on the other by the represent his constituents. I have no doubt of that. I hope that gentleman from Tennessee [Mr. MooNJ. Is there objection? ·The all Representatives try to represent their people, and not a few Chair hears none, and it is so ordered. only, who are specially provided for by the Government appropri· The question is now on agreeing to the motion of the gentleman ation bills. from California, that the House resolve itself into Committee of Mr. WM. ALDEN Sl\IITH. And I try, and I think all mem­ the Whole House on the state of the Union for the consideration bers ought to try who are specially commissioned by his district. of the Post-Office appropriation bill. Mr. LOUD (continuing). And thegentleman says who are spe­ The motion was agreed to. cially commissioned by his district-I suppose to increase salaries. The House accordingly resolved itself into Committee of the Mr. WM. ALDEN SMITH. Not to increase salaries, but that Whole House on the state of the Union, Mr. D~LZELL in the chair. those who are employed in the public service shall have at least a The CHAIRMAN. The House is in Committee of the Whole reasonable compensation for their services. on the state of the Union for the consideration of the Post-Office .Mr. LOUD. I am glad the gentleman said that he was specially appropriation bill, and the Clerk will report the bill. co missioned to do what is proposed to be done by m any mem­ Mr. LOUD. :M r. Chairman, I ask unanimous consent that the rs on this floor for the interest of the public service. Now, I first formal reading of the bill be dispensed with. was talking of something else-- There was no objection, and it was so ordered. Mr. WM. ALDEN S:MITH. I said it had no application. l\Ir. LOUD. Mr. Chairman, the bill presented this year by the Ji.Ir. LOUD. No"\v, this bill carries an appropriation for post­ Committee on the Post-Office and Post-Roads is in some respects office clerks, an increase of $1,667,800; for letter carriers, an in­ a most remarkable bill, although, when the rest of the appropria­ crease of $1,150,4.00; for railway mail clerks, an increse of $965,000, tion bi1ls that have already passed the House aJ.'e compared with and for the employees in the i·ural delivery service, an increase of this bill, it will then be found to fall within the category of the $1,450,000; making a total of $6,233,120, which, it seems, does not ordinary appropriation bills passed by Congress. But it partakes satisfy the appetite of some. of some of the conditions which are the natural results growing Mr. HEPBURN. Mr. Chairman, may I interrupt the gentle­ out of the recent war. Reason flies from out the minds of men man there to ask a question? and they sePm to contemplate that there is no end to the money in Mr. LOUD. Certainly. the public Treasury. Mr. HEPBURN. I should like to ask what, if any, portion of While this bill does not meet the anticipations of many or all of that increase for clerk hire may be expended in third and fourth the members, I will say, in that it does not, jn their judgment, class offices? appropriate enough for some objects, yet I sincerely trust, as a Mr. LOUD. What does the gentleman refer to? citizen of this country, that the sober second thought of this Mr. HEPBURN. You have just spoken of an increase of over Honse, irrespective of party, will induce members to support the a milljon dollars in post-office clerks. bill, and that the men who would seek increases in the appropria­ Mr. LOUD. Yes. tions of the country, when there should be a check to any increase Mr. HEPBURN. Would any of that increase be available for of extended legislation upon this subject, will permit the bill to clerk hire in third and fourth class offices? . go through in the form in which it is presented by the committee Mr. LOUD. This appropriation for post-office clerks is for after mature consideration and deliberation. clerks in first and second class post-offices. The law prohibits the I trust, therefore, that the bill will not be increased beyond the employment of clerks in third and fourth class offices to be paid amount recommended by the committee. I know the gentleman out of the public Treasury. from Minnesota [Mr. TAWNEY] is agonizing for an increase here Mr. HEPBURN. Then there is no change in the law? in one particular, and there are some other gentlemen, Mr. Chair­ Mr. LOUD. No change in the law. man, who are impressed with the belief that the only object left Mr. HEPBURN. And no portion of that sum can be expended in legislative life here is the increase of salaries of the large army in third and fourth class offices? of post-office employees who are now working and knocking at Mr. LOUD. No portion of this sum can be expended in third the doors of this Capitol, demanding of the representatives of the and fourth class offices. people that there shall be an increase in salaries allowed to each .Mr. HEPBURN. Where one-half of the people get their mail. of them. · Mr. LOUD. Perhaps; but the gentleman well knows that the per­ But I hope the members of this House, in passing upon this ap­ centage of the salary of the postmaster has been considered suffi­ propriation, will carefully examine and see if we have not gone cient smce the foundation of this Government to do all the work in to the extreme limit of liberality. the third and fourth class offices, except for separating purposes. Mr. Chairman, there is a total increase of salaries and salaried The very basis of the salary is not only to provide a salary for the officials contained in this bill of $6,233,120. It is not a very large postmaster, butputting-allofhisnecessaryclerkhireintohissalary. sum of money to the average member of Congress, it is true. and Mr. HEPBURN. Might I interrupt the gentleman a moment yet when you aggregate the whole appropriation bills it becomes fmther? - quite a respectable sum. Mr. LOUD. Why, certainly. I am free to say that I have been impressed for some years with Mr. HEPBURN. The gentleman says, as I understand him, this constant and persistent effort on behalf of and by these postal that the salary of the postmaster is supposed to be sufficient com­ emplOyees for an increase of salary, and have been willing and am pensation for all of these labors. willing to-day to bear the odium, if odium there be, in endeavoring Mr. LOUD. I say it has been so considered since tho founda­ to check, in a small degree, this constantdemand. My opposition tion of the Government. to the eternal cry and the demands of our officials that they shall Mr. HEPBURN. Is it not true, however, that there is a time be continually receiving an increase in salary is based upon a de- in many of the offices-for instance, just before a third· class office · sire to protect the public Treasury, for these officials are receiv­ becomes a second-class office-when there is no appreciable differ­ ing as much as they did when general wages were higher and a ence in the labor that is necessary, and yet in the one instance the dollar would not go as far as it does to-day. The time may come­ Government may employ half a dozen clerks if it so elects. and ! hope soon-that the strong and able men of all parties will rise often does employ three or four, while not a dollar can be paid to here and have the courage to resist the applications continually a third·class office just prior to its becoming a second-class office? made to them by one or two or a half dozen of their constituents Mr. LOUD. Why, of course. to increase their salaries, when that increase would necessarily Mr. HEPBURN. The labor in each instance being substan­ involve the increase of 50, 000 more. tially the same. \Vhy, Mr. Chairman, I heard a gentleman, once a member of Mr. LOUD. Of course; and that same rule would apply if you this House-I will not say whether he is a member now or not­ were to fix a line of distinction between second and third class when the House contemplated considering the letter-carrier bill, offices at any point. I do not care where you fix it, whether it be he desiring to pass the bill, when the question was asked, ''Why do raised or lowered. you support it; you have no carriers in your district?"-he replied, Mr. HEPBURN. I will not incommode the gentleman-­ "Yes, I have six; and do you suppose I am going to lose their Mr. LOUD. The gentleman well knows there must be a point votes?" And, Mr. Chairman, the passage of that bill would have of division between the two. meant an increase of about $3,000,000 in that one item alone! Mr. HEPBURN. Might there not be a discretion left in the Mr. WM. ALDEN SMITH. But that is not the reason that Postmaster-General, so that in those cases he might meet the many of us ask for increases in this line. difficulty? Mr. LOUD. The gentleman says that is not the reason that Mr. LOUD. I do not think the gentleman advocates placing in many members favor this increase. Of course I hope that is not the hands of the Post-Office Department a discretion to employ the case, yet I venture to assert to the gentleman, and I speak clerks wherever they see fit. What would it result in? Post­ from experience, that the pressure of constituencies in this re­ masters-General and their assistants are but human. The gen'.. gard is one of the great factors that impels members to advocate it. tleman from Iowa, a gentleman of influence upon the floor of this XXXIII-286 4562 CONG-RESSION AL RECORD-HOUSE. APRIL 23,

House, has a constituent who is very U'Seful to him politically. Mr. LOUD. That is correct. He wants the use of his services during a political campaign. He l\Ir. MOODY of Massachusetts. Is it the opinion of the gentle­ goes to the Post-Office Department, and with the great influence man that if we undertake to extend the pneumatic-tube service it he has he says. "I want you to allow a clerk there." will involve an expenditure of millions of dollars annually in the Or I will shift the comparison from the gentleman from Iowa near future? and put it upon myself, as chairman of thePost-OfficeCommittee. Mr. LOUD. That would appear to me, Mr. Chairman, substan­ Do you suppose that the chief of the salary and allowance division tially a correct statement. Of course I know nothing about it would deny me a request of that kind? And if it should be practically. I warned this House some few years ago, as the gen­ granted in one instance, then he must grant it in another, and tleman well knows, against embarking upon this proposition of a when he shall havo granted to the gentleman from Iowa and to pneumatic-tube service. the chail'man of the Post-Office Committee such a request, then Mr. MOODY of Massachusetts. I will ask the gentleman if he it must become general, and the Post-Office Department would thinks it is wise for us to extend the pneumatic service any fur­ become prostituted. ther; in view of the deficiency in the Post-Office Department, if Mr. FLEMING. I would like to ask the gentleman one ques­ he thinks it is wise ·for us to extend the pneumatic-tube service a tion. As to thi.s increase of postmasters' salaries, $1,000,000, will single inch or a single dollar at this time? the gentleman explain how the salaries are increased, by addition Mr. LOUD. I will repeat what I said last year and the year of postmasters or additions to the salary? before, that we should either stop the pneumatic-tube service or :Mr. LOUD. Some of them would be increased. extend it. Mr. FLEMING. In what cases? I have urged the House in days gone by to stop. I urged the .Ur. LOUD. Some of them would be for increase of postmas­ House when at the threshold to stop; but the House and Con­ ters and others increase of salai·y. gress in its wisdom have seen fit to continue this service. We have Mr. FLEMING. Will the gentleman please explain what in­ this same pneumatic-tube service in New York, Philadelphia, creases are provided for; do the first-class postmasters all have and in Boston, and the Post-Office Department must know to-day their salaries increased? whether it is a success or not. Congress has got about as much Mr. LOUD. No; the law fixes the salaries of all postmasters, information as they ever will have, and Congress should cut it and the Post-Office Department could not go beyond that; whether right off back of the ea1·s or else it should continue to extend it. • you appropdate it or not, they take it out. Mr. MOODY of Massachusetts. Then I take it that those of us Mr. FLEMING. This increase of $1,000,000 salary does not in­ who oppose it will have the powerful aid of the gentleman from volve any change of the law? California in cutting it right off back of the ears. Is that so? 1\fr. LOUD. No change of law whatever. Now, let me say Mr. OLMSTED. I would like to ask the gentleman whether that the gentleman from Iowa [.Mr. HEPBURN] some years ago the use of tlb.e pneumatic-tube service reduces the cost of the serv~ was anxious about a post-office at Clarinda, which had a separat­ ice in any other direction, such as the wagon service, or any ing allowance. At that time there was appropriated for separat­ other service? ing purposes about $500,000. The expenditures for this purpose, Mr. LOUD. My experience has taught me, so far as I have Mr. Chairman, for more than twenty years had fluctuated from been able to learn, that the wagon service must continue-that is, $450,000 to 8525,000, keeping along about the same, some years a it has continued where the pneumatic service is in operation. Of little more and some years a little less. By the persistence of course, if the pneumatic service generally covered the city, the members of this body that item has grown for three years until wagon service would be reduced to a certain extent. we now recommend $900,000-quite a liberal advance, I think, in Mr. OLMSTED. I see it stated in the minority report that ex­ the allowance for the third and fourth class post-offices. press companies of the country carry the mailsfrom Boston, New Separating offices are decreasing rather than increasing-that York, and Philadelphia to Chicago for 1 cent per pound. I would is, they had for twenty years· decreased, and there is no reason in like to ask the gentleman if it is a fact that express companies do the world why separating offices should have increased during the can·y the mails, anywhere, at any price? last three years. So there is something in this bill even for third Mr. LOUD. Well, I have great respect for my colleagues who and fourth class offices, as the amount has nearly doubled in a made the minority report-but I would rather not criticise this period of three years. report, if the gentleman will pardon me. This bill carries, as you will notice, in round numbers, $114,- Mr. OLMSTED. I will excuse the gentleman. 000,000. I see members of this House who regard me as a boy in Mr. LOUD. I might say some harsh things about it. membership, but it is a very short time ago that the Post-Office Mr. MOODY of Massachusetts. The gentleman is looking fot appropriation bill, since I became a member of this House, carried information. I will say that under the law the express companies but $80,000,0UO. The increase that is recommended for this year can not carry a pound of mail of the first class. - over last year is $8,307:662, nearly double the increase that ever Mr. OLMSTED. That was my understanding; and I will excuse was made at any time in my recollection. or in the recollection of the gentleman from California from saying harsh things about any member of this House, before in a Post-Office appropriation anybody. bill. Mr. LOUD. If I entered into a discussion of this minority re­ And, mind you, $3,157,000 more than the Post-Office Depart­ port, it being such a perfectly absurd statement of what appears ment asked for. And yet there are brethren on the floor of this to be the condition of facts, I might possibly say something I House that think it is the highest statesmanship to yet increase it should regret. beyond that amount. Mr. MANN. Will the gentleman yield to a question? I should Now, then, let me say to the House again, the Post-Office Com­ like to ask him in 1·eference to the pneumatic-tube service, cover­ mittee has yielded, as far as the p.oint of reason should lead any ing his expedence, whether where the service has existed in New man, in the direction oi: increased expenditures in the Post-Office York and Boston it has very much quickened the transfer of mail Department. Let me again urge the members of this House on or not? both sides of the Chamber to not increase it beyond the point Mr. LOUD. From the testimony of the Department, it would which we have recommended. If you desire to cut off, I do not show that it veq materially increases the expedition, but the tes­ think it will hurt the feelings of any member of the committee. timony-- Now, Mr. Chairman, I will reserve the balance of my time, unless Mr. MANN. What is the information of the gentleman himself? some one desires to ask a question. Mr. LOUD. Very little. Mr. SAMUEL W. SMITH. I would like to ask the gentleman Mr. 1r!ANN. In your opinion it does not very materially expe­ a question. Between one and two years ago a commisson was .dite the mails? appointed to investigate certain subjects in the Post-Office De­ Mr. LOUD. It does expedite the local mails. There is no partment, of which the gentlelllan, the chairman of the committee, doubt but what the pneumatic service is a matter of great expedi­ is a member. I wish he would make some report as to what tion of the local mails; but in the outgoing mail and the incoming progress is being made. mail not so much as some people might expect. Mr. LOUD. Mr. Chairman, the Post-Office Commission is meet­ Mr. MANN. Can the gentleman say about what proportion of ing at intervals. Perhaps they have not worked as fast as they the mail of New York, Boston, and Chicago is local mail? should. That is not for me to say. I am not chairman of the Mr. LOUD. I wou1d say that in New York, Boston, and Chi­ commission. It is true the Postal Commission has done consider­ cago local mail would run about 20 per cent. That is my recol­ able work since the time it was appointed, and I think they have lection of how it would run in those cities; it would not be as narrowed the questions down to one or two distinct matters. much in all cities. Mr. MOODY of Massachusetts. I would like to ask the gentle­ M.r. l\100DY of .Massachusetts. .Mr. Chairman, I would like to man a question. ask the gentleman another question. I do so for the purpose of Mr. LOUD. I will say, in addition to that, thatthe commission bringing out information which I know he has for members of has taken in testimony some 2,000 pages, I should judge, and are, the committee. The gentlem:m, in pursuance of his duties as a I think, approaching the time in the near future when they will member of the Postal Commission, visited some European coun­ be able to make a report. I hope so, at least. tries last year and investigated among other thing the use of the Mr. MOODY of Massachusetts. This bill can-ies an increase of pneumatic tube in those countries. 5500.000 for pneumatic-tube service? Now, I notice in a morning paper an article referring to the 1900. CONGRESSIONAL RECORD-HOUSE. 4563 pneumatic-tube system as used in other countries. I would like Mr. HILL. The gentleman will allow me to say that I read the to usk the gentleman if the experience of other countries does article in the Post of this morning with a great deal of pleasure not differ in these two particulars from our own-that is, the for­ and, as I thought, with a great deal of instruction. Am I to eign countries own the pneumatic tubes themselves and operate understand the gentleman from California as saying that the them; and, second, that they charge extra postage on all matters actual facts of the case in regard to the pneumatic-tube service that go through them? Am I right in that? do not bear out the statements of the article in the Post? Can it .Mr. LOUD. The gentleman will wait one moment and I will be that that was an advertisement instead of an honest editorial answer him. Mr. Chairman, I will say in reply to the gentleman statement? there is not a foreign country that I know of that transmits any­ Mr. LOUD. I did not see the article, so I can not answer the thing in the pneumatic tubes except telegrams and matter which gentleman's question. bears an extra charge of from 4 to 6 cents. That is one thing I Mr. BROMWELL. The article referred to by the gentleman called the attention of the House to some few years ago, when we from Connecticut [Mr. HILL] was not an editorial-simply a news were about to embark on this pneumatic-tube service. item. The pneumatic-tube service is a necessity at the present time in Mr. HILL. I thought it appeared as an editorial. a certain degree-that is to say, no nation in the world can afford Mr. BROMWELL. No, I think not; it was a news item on the to take a backward step. But what we should have done ancl second page. what I urged the House to do, as the RECORD will show, was, :if 1\Ir. COOPER of Wisconsin. I should like to ask the gentle· we were to inaugurate a pneumatic-tube system, to provide it man from Cahfornia a question. A few moments ago the gentle­ simply for the accommodation of such matter as paid specially for man from Pennsylvania [Mr. OLMSTED] inquired of the chair­ its transit, just as is done in foreign countries. man of the committee_ the gentleman from California, as to the I do not believe, J\1r. Chairman, that the pneumatic tube can statement on page 2 of the minority report concerning the trans­ be successfully used-when I say successfully, I mean economic­ portation of mail by the express companies; and the statement ally and successfully used-for the transmission of all classes of was made, with something akin to ridicule, I thought, by the gen­ mail matter. It is a service of expedition; it is a service for spe­ tleman from Massachusetts, who volunteered the reply, that the cial-delivery letters and a service for telegrams. Take this service express companies were not allowed to carry first-class mail in foreign countries-in England, France, or Germany, where the matter. pneumatic-tube service has been introduced-and it will be found The minority report says that the express companies underbid that in those countries the Government owns also the telegraph the Government for the transportation of second-class mail mat­ system. ter. Now, does the gentleman in charge of the bill mean to say The gentleman from l\Iassachusetts fMr. MOODY] dropped, per­ that the minority statement in this regard is not based on fact, haps, an intimation that if the Government was to go into this and that the express companies do not carry the second-class mail pneumatic-tube service it should own the tubes. I hope God, in matter at.a. lower rate than it is carried by the Government? His infinite wisdom, will give members of this Rous~ strength Mr. LOUD. There is no doubt of that. They do carry it at a enough and prudence enough to prevent the Government from lower rate, under certain conditions and certain distances. embarking in any more enterprises than it has already embarked Mr. COOPER of Wisconsin (continuing). And is the state· upon. ment in the minority report to the effect that the express com­ Now, m regard to this telegraph service. I am reminded of panies in this class of mail underbid the Government-I mean the what I saw in the Century Magazine for the month of April, quite se~ond-class mail matter-is that statement true or false? And an intelli_g-ent article-the gentleman from l\Iassachusetts has is the statement of the gentleman from 2.fassachusetts an accurate read it, no doubt-in which the writer, with all the confidence pos­ one as to the transportation of this mail matter, that a p1·ofit is sible, assumes to tell the peop1e of this country that the postal tel­ made by the express companies for carrying such matter for less egraph system of England is a profitable enterprise; and be goes distances than 500 miles at the rate specified? on t o show how much more profitable it would be if the press of Mr. LOUD. Oh, Mr. Chairman, I have made that statement England did not have the postal-telegraph system by the throat; so often here that I supposed every member of the House had heard and he intimates that if we bad the system in this country, the it and is familiar with my ""iews on that subject. J)ress could not get it by the throat. Mr. COOPER of Wisconsin. But is there any justice in the How men can make statements of that kind-and let me sav comment of the gentleman from Massachusetts and the gentle­ that they are statements that will be believed by a thousand peo­ man from California, both o.f whom, it would seem, seek to ridi­ pJe where the facts will not be believed by one-how a sane man cu1e the minority report? can write an article of that kind and claim that the service is l\Ir. LOUD. I did not so understand the suggestion. It does profitable, when the reports of the English postal system are open not seem to me that the attempt was made to ridicule the report. to e\ery person who desires to :read them-are printed, are dis­ Mr. MOODY of Massachusetts. I did not attempt to ridicule tributed to anyone who has any interest in the subject-is some­ it certainly. thing I can not understand. l\Ir. COOPER of Wisconsin. I so understood the gentleman. While in England last fall I took one of those reports-the same Mr. MOODY of Massachusetts. No; the gentleman misar;pre· as anybody can take up who cares to do so-on the English postal­ bended what I i;tated. telegraph system. I found that England took on this service in Mr. COOPER of Wisconsin. I amreferring now to the second­ 1870; and let us see how much money it has made on this system class mail matter. since that time. During the first two years after the Government Mr. MOODY of Massachusetts. What I stated was, in sub­ there had purchased this system and created a debt of more than stance, that the first-class mail matter could not legally be car~ $50,000,000, which it has on its hands to-day. it put aside for the ried by any other agency than the Government. sinking fund the first year £47,425 5s. 7d. The next year it put Mr. COOPER of Wisconsin. Butitrelatedto second-class mail aside £5,613 16s. Ud. matter, not first-class mail matter. And there [pointing to a book] is the column of sm·pluses, and Mr. LOUD. I will read, if thegentleman will allowme,inorder there the column of deficiences, which, beginning the next year at that there may be no controversy, exactly what appears in the re­ £118,000 have been continuous until the fiscal year 1898, the port on this question: last year this report includes. The deficiency in the postal-tele­ The best estimate to be made from the proof on the hearings on this ques­ graph system of England-and this information is accessible to tion is ~ha;t the actual expense to the transportation companies in carrying the mails lS about 1 cent per pound, and that the express com:p_anies (which anybody and was accessible to the eminent gentleman who wrote w:e are inforJI?.ed pay.about40 per c~t of their earnings to railroad compa­ the article in the Centm·y for the present month-the deficit for mes for hauling theJ.r cars) underbid the Go>ernment on second-class mail matter, and carry it at less than 1 cent per pound on hauls of less than 500 the year 1898 was £606,006 12s., or in American money about miles, and still make a. profit. $3.000,000_ If our information be

• 4564 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

Mr. LOUD. Of course the express companies can carry news- Mr. BELL. I will answer it. It is for the reason that these papers, books, and anything else in bulk which is delivered on companies can send an individual book to any part of the United board the car-a service which the Government would have to do States by mail, whether it costs half a cent or three-quarters of a for itself-if it carried the matter for less than a cent a pound. cent, under the pound mtes; bnt when you come to the express We could, of course, do it, too, if we could get it in bulk. But that companies, you must have enough in the package to make a certain is not the condition of the postal service. rate-whatever they may fix as their minimum. The rate from I have said, Mr. ChaiTman, in the House so many times thatall Boston, as I understand, is limited to 5 pounds or more. I have of the long-distance matter and all the small single-package mat- the rate here that I obtained from Boston. Not only that, l>ut all ter is carried by the Government at thjs rate because there is n. over New England this second-class matter is carried in large lots gi·eat deal of difficnltyin dealingwith small quantitiesin isolated for from 35 to 37 cents a hundred pounds. instances instead of in large quantities, as the express companies Mr. MANN. Do I understand the gentleman from Colorado to may be able to handle it. But that is not exactly the point. say that the publishers would be perfectly willing to have the Jaw What I wanted to say was this-- modified so that they could not send more than one book at a time Mr. BELL. I understand the gentleman from California is to a person ancl that they be made to pay regular express rates speaking of carrying job lots? upon all large lots? Mr. LOUD. No; I do not think I used that word. I spoke of Mr. BELL. No, sh-. carrying in bulk. Mr. MANN. Is it not true that nearly all the publishers who Mr. BELL. Well, we will say carrying in bulk. Now, I un- send out in that way send out packages to book dealers and news derstand that there has been an examination in the city of Boston, agents in large lots, and not sin~le books? by a man thoroughly capable, and rates have been made oncer· Mr. BELL. Some are and some are not. Under the law as it tain classes of mail matter, under which the rates may go from stands at present there is no limit in the number of copies which Boston clear to Chicago and from the west line of Pennsylvania may be sent to a single individual, and the mails carry them over to the Rocky Mountains, at 1 cent per pound, if the charge equals the lines ot wagon transportation as well as on the railroad, which 5 cents. I think would not probably apply to the express companies. They Mr. BINGHAM. Five cents on what? would not make a rate for any of the star routes. Mr. LOUD. Five cents for how much? l\Ir. SAl\lUEL W. SMITH. Is it the opinion of the gentleman, Mr. BELL. I mean that they would not take a package at the after the commission has been in existence for eighteen months, rate of 1 cent a pound unless it amounted to as much as 5pounds. that the railroad companies for carrying the first and secoud class Mr. LOUD. That they would not carry a package for less than mail have been anly paid a fair price for the use of their postal 5 cents? cars? Mr. BELL. I have the express rates from Boston to those Mr. LOUD. That is a rather broad question. w·hat do you points. They only limit to a minimum of 5 pounds. mean by a fair price? Mr. LOUD. I will say to the gentleman from Colorado that Mr. SAMUEL W. SMITH. A just price. this is one of those dangerous statistical fields to enter-- Mr. LOUD. So far as my opinion goes, the railroad companies Mr. BELL. Yes; but I have the express company's rate here. have not been overpaid to the extent, if they are overpaid nt all, Mr. LOUD. I have seen in the public press a statement of a that our friends contemplate. It is a very fine point, l~ me say, rate very recently made, over a linuted extent of country, in the I think, in the minds of all the commission. While we may differ State of Massachusetts, where they agreed with certain institu- :perhaps on some matters of detail, let me say that I believe it to tions that have a large amount of this matter to take all of their be the unanimous opinion of the Post-Office Commission, from the matter, long hauls and short, up to a certain distance of long testimony we have taken, that if the railroad companies are over­ haul, under some such conditions as the gentleman bas stated; paid, it is by a small margin and nowhere equal to the amount that but all the public libraries of the country have been before our some people have contemplated. Further than that I can not say. Committee on the Post-Office and Post-Roads urging, among other A great many people are misled by wild statements that are things, that they be permitted to have the pound-rate privileg-e made; like the statement that appears and has gone broadcast for the dissemination of the books of libraries, and they say, and over the land, that no honest man should have given utterance to, the consensus of opinion all over the country is, that the lowest which takes the report of the Postmaster-General, and says that rate that they could get from the express companies was 20 cents; ten cars running fi;om New York to Buffalo earn $219,000 a year: and it seems to me that the combined libraries of the country, and gives to the company upon the ten cars 8219,000 as postal-car which are quite an institution, ought to be able to make as good pay, when, as a matter of fact, there were more than thirty cars terms mth the express companies as any other interest in the on the line, the gentleman very cunningly transforming the word country. "lines" into'' cars," and thus the public is misinformed. A state- ! do not care to enter this field, so far as this question of trans- ment of this character has wings in its flight, while the truth portation is concerned, a question which if a man were a master keeps company with the snail. of it, he never would be a member of Congress, because there are Mr. SAMUEL W. SMITH. Is it not a fact that the Govem­ many corporations in this country that would be glad to pay him ment pays in the neighborhood of $6,200 a year for the rent of a a hundred thousand dollars a year if he were a master of that sub- pos:tal car that does not cost to exceed $3,500? ject. It is a question which I do not desire to discuss, because Mr. LOUD. Oh, well, I have heard thatstatementmadesomany there is not one man in ten million who knows any more about times. the question than I do, which is very little, and I have given it Mr. SAMUEL W. SMITH. Is it trne? careful study for ten years. Mr. LOUD. No; it is not true. They do not pay a cent for the Mr. MANN. I hope the gentleman will pardon us for getting rental of a car. The additional amount of money that is paid information from him. As I understand him, he states that the where the Post-Office Department occupies a full car is simply for express companies do carry as express matter what would be sec- the hauling that additional weight and nothing else. ond-class mail matter from Boston to Chicago for a cent a pound. Mr. SAMUEL W. SMITH. Does it not mean that the Govern- 1\Ir. LOUD. No; I did not say that. ment pays 56,000 for the use of a car that only costs about $3,500? Mr. BINGHAM. Oh, no, those books would not come under Mr. LOUD. Why, certainly not. Doyousupposethereareany that classification in the mail. railroad companies in the United States that could afford to haul Mr. LOUD. I did not say to Chicago. a car for $5,000 a hundred thousand miles? A MEMBER. It is always less than 500 miles. Mr. SAMUEL W. SMITH. I think it might in connection Mr. LOUD. The limit is made about Buffalo. with the rest of the things they have to do on the train. Mr. MANN. The statement was made that the distance was Mr. LOUD. What does the gentleman speak of when he refers from Boston to (.,"'hicago, and that was the statement that was re- to the other things that they have to do with the train? plied to by the gentleman from Massachusetts. I understood the Mr. SAMUEL W. SMITH. The other cars that they haul, chail·man to state that they carried to Chicago. The gentleman and the passengers. from Colorado [l\fr. BELL] now says that they carry express mat- Mr. LOUD. Why, I suppose if the railroad companies would ter from Boston to Colorado for 1 cent a pound. charge enough for the transportation of the passengers they might i\Ir. BELL. No; I say from Louisville. I say they made that afford to haul the mail for nothing and make it up on the passE>n­ rate, when the medical fraternity met there, for their publications. ger service or some other service; but I hope gentlemen are not Mr. MANN. The question I should like to have somebody discussing this question from that standpoint. If we should pay explain to me is why Houghton, Mifflin & Co., and other corpora- anything for the transportation of the mails, we ought to pay a tions of publishers, make such hysterical attempts to keep their fair and reasonable sum. matter in the second class, if the express companies can cany it Mr~ SAMUEL W. SMITH. I agree with you, .Mr. LOUD. for 1 cent a pound, and it costs the Government 8 cents a pound Otherwise we should not pay them anything, if we are going to to do it? compel the railroad companies to make it out of the transportation Mr. LOUD. That is a good point. I will yield to the gentle- cf their passengers; but if you are going to pay them, then you man from Colorado [Mr. BELL] two or thre~ m~nutes to answer ought to pay them a fair rate of compens~tion and no more. . that. I will say to the gentleman from Illinois that I can not . Mr. TALBER'.1'. The ger_itleman ?1~nt10ns the Post~l 0omm1s­ answer it. 1s10n. I would like to ask him why it 1s that the comm18s10n have 1900. CONGRESSIONAL RECORD-HOUSE. 4565 withheld their report, and why they do not bring it forward and Mr. FLEMING. How much is the estimated amount for this lay it before the public? year, the estimated amount of deficiency? Mr. LOUD. Why, yes; that is perfectly simple. The Postal Mr. LOUD. About $4,000,000, I think. These are figures that Commission .have baen taking testimony ever since they were I never take any cognizance of; it is simply the wildest estimate. appointed. I know that as good a business man as Mr. Wanamaker estimated .l\lr. TALBERT. I thought they had concluded. a surplus of $11,000,000 in 1894, and for the years succeeding that, Mr. LOUD. They have simply printed in proof form the testi­ thirteen or fourteen millions; and yet the deficiency continued to mony as it was taken. pile up as long as .Mr. Wanamaker remained there. Estimates Mr. TALBERT. Did they lay it before your committee, so far will not meet results. as they have gone? Mr. FLEMING. I know that. The chairman has stated that Mr. LOUD. The Post-Office Committee? this bill carries $3,157,000 in addition to what the Post-Office De­ Mr. TALBERT. This Postal Commission was appointed to look partment asks. Will that carry the estimated deficiency up to into these matters that relate to the transportation and cost of first, seven millions, or nearly so? second, and third class mail matter. Mr. LO OD. Of course, the estimates for deficiency are for the l\ir. LOUD. Why, yes. We have had the question before the current year. I do not think they have made an estimate for the commission for the last two years. We have a limited number of next fiscal year. Perhaps they have. It used to be the policy of these reports. We are expected to print this report out of the the Post-Office Department to estimate deficiencies four or five money appropriated, and we can not afford, let me say, nor do I years ahead; but I think the Postmaster-General has stopped that. think Congress can afford, to print this report until we have con­ Mr. FLEMING. Does the gentleman mean that the estimated cluded taking the testimony and have come to a conclusion, and deficiency js for the year that is to close on June 30, 1900? then the report will be printed as a whole. Mr. LOUD. This estimated deficiency is between four and five Mr. TALBERT. I was mistaken about it. I thought the com­ million dollars. mission had concluded their labors. Mr. FLEMING. And applies to the fiscal year closing on t.he Mr. LOUD. Why, we took some testimony onlylastF1iday and 30th of June, 1900? Saturday. Mr. LOUD. Yes. :Mr. HOPKINS. Has the evidence taken last summer a year Mr. HILL. I received a letter this morning which contains ago been printed so that it can be reached by any member? this clause, about which I know nothing, and I want to ask the Mr. LOUD. It has not. There were a few copies p1·inted, I chairman for information: "I understand that there is a provi­ think, of the first 1,500 pages-just a few copies, printed for the sion in the Post-Office appropriation bill now before the House to use of the commission. You know how copies go. I find myself raise the salaries of certain clerks in the Railway Mail Service. without a personal copy. My clerk has managed to hang on to The lower grade of clerks will not be benefited, but the ones re­ his by putting a chain on it. While I had three to start with, I ceiving the highest salaries are to have them still further in­ have none now. creased. H May I ask the gentleman the true inwardness of that Mr. BINGHAM. So that the House may understand, I will ask proposition. if there is anything to it, and if so, what? the chairman of the committee to say something about the broad l\Ir. LOUD. I suppose when we get to that proposition the gen­ field which this commission is called upon to cover? tleman from Minnesota will enlighten the gentleman from Con- Mr. LOUD. I will say that the commission have not entered necticut in regard to it. - particularly or to great extent into the investigation of any ques­ Mr. HILL. I would much rather have the information from tion except the railway mail pay, because that is a great question, the chairman of the committee. a greater question than the people of this country anticipate. Mr. LOUD. The increase for railway mail clerks this year is We were confronted with this state of facts: The railroad people $965,000. The largest amount of incre~se ever given heretofore themselves knew nothing about it. I can appeal to my colleague in one year is about $235,000. I think I can realize when I am hit on the commission from Georgia, Mr. FLEMING, who will say that in the head with a club as well asa~yotherman, though I donot they knew not the slightest thing about the question. We had to always yield as gracefully as some other people. But, as I sug­ grope a long time in the dark before we could find out anything gested when I started out, there seems to be a very pressing de­ about it. It is such an insignificant portion of the business of the mand for some increase in salaries. railroad companies that they did not know what it cost. I have said some years ago that the post-office clerks were under­ It was surprising to me that the railroad people themselves did paid. I say again that they are underpaid; that the post-office not know, and the railroad experts say it is the hardest thing in clerk to-day does not receive an average salary of $700 a year. the railroad service to determine what any particular character Last year our bill did carry about 8700,000 for the purpose of in­ of railroad transportation service may cost; that is, to say what creasing the salaries of post-office clerks. The bill this year con­ is legitimately chargeable to freight and what is legitimately templates about the same thing. It is the policy of the Post­ chargeable to passenger service. When that proposition was first Office Committee to bring the average salary of post-office clerks presented to me, in reply to a question put to Mr. Kirkman, of the up until it shall be somewhere near a reasonable point. Chicago and Northwestern, who is regarded as one of the best There was great pressure for the increase of salaries of railway railroad experts in the country-when I asked him what the serv­ mail clerks, the maximum salary of these clerks under the law ice cost, he looked at me and said: '•There is not a man on the top being $1,400. In 1884, by reason of the small appropriation given of this earth that can ever tell." by Congress, the Department cut down the maximum to $1,300, I thought be was trying to fool me, and I resented his answer and that bas been maintained as the maximum 1rom that time to at that time; but now I can readily see the reason of his state­ the present. Your committee, thinking perhaps it was wise to do ment. You can not tell, where there are 100 trains running over something in this regard, did take 748 clerks from the $1,300 a track a day, just how much to charge for this train and just how class and put them into the $1,400 class by reason of the segrega­ much to that one; how much this train may wear the track and tion we ha. ve made here. how much of the maintenance may be chargeable to the running The promotion of those 748 clerks from the $1,300 class to the of this or that particular train, or bow much of the station agents' $1,400 class makes substantially the same increase down along the or other employees' salaries or a thousand other things are charge­ whole line-perhaps not in the exact number; that I can not say. able. Years ago the railroad compames endeavored to keep an This is a very intricate question. I do not suppose anyone out­ account of how much was chargeable to the expense of carrying side the General Superintendent and bis assistant could give ex­ passenger and how much to freight service, but they have aban­ actly the number. But the bill provides for a general lifting up doned it as impossible. along the whole line-that is, if you lift up the top the rest must Mr. HOPKINS. Is the gentleman in charge of the bill, from follow. all the information he has gathered. prepared to say that the esti­ Mr. HILL. Does the bill provide for 748 new clerks? mates he makes on this subject for railroad transportation are fair Mr. LOUD. No, sir. and equitable? Mr. HILL. Then how does it lift those in the lower classes by Mr. LOUD. The estimates for railroad transportation are sim­ simply increasing the salaries of these 748 clerks? ply estimates submitted by-the Post~Office Department, in accord­ Mr. LOUD. If you take 748 clerks out of the $1,300 class and ance with the present law. While our brethren may talk as much put them into the $1,400 class: on the basis of the present number as they please about the railway transportation being exorbitant, of clerks, it lifts some $1,200 clerks to 81,300, some $1,150 clerks and some gentlemen may get up on their hind legs and move to to 81,200, the $1,100 clerks to $1,150, the 81,000 clerks to $1,100, the cut the appropriation down a few million dollars, it can not avail $900 clerks to $1,000, aDd the 5800 clerks to $900: until you repeal the law. The law is there, and it can not be re­ In this segregation that we have made there is probablv about pealed upon this appropriation bill. $500,000 for increases of salary of the rail way mail clerks; wand, as Mr. FLEMING. I would like to ask for one or two items of gentlemen will readily see, their maximum and their average figures. I know the chairman has them in his mind. What is the salary is much greater than that of coITesponding officers in any deficiency in the Post-Office Department-what was it last year? other branch of the postal service. This is as far as the commit­ Mr. LOUD. Does the gentleman want the exact figures? tee thought it wise to go, in view of the large increases demanded Mr. FLEMING. No; in round numbers. here all along the line. We had some little compassion on the Mr. LOUD. A little less than $7,000,000. public Treasury; we thought we would not loot it all at once, 4566 CONGRESSIONAL RECORD-HOUSE. APRIL 23, but would rather have it extend over perhaps a couple of yea1·s. \ Statement of the apvlication of the balances of telephone 1·ei:enue, etc.-Cont·d. [Laughter.] I Balance to l\Ir. OLMSTED. At this point will the gentleman allow me a meet interest question? At the city of HarrisbUl'g, where I reside, there are200 I on st.ock cre- railway postal clerks paid at the post-office there $208,000 in the ntedtof th Amounts aggregate-a little over 81,000 per man-an~ 20 per cent of that ci~l~g1?aph e ~~~~;i~ applicable Deficiencies, they must use to meet necessary expenses wh1le away from home. service and the stock. to f~~J~ng I have this morning letters from several of those men in which for th~ re- !hey say-I hold one of. the lett~rs ID: IDJ: hand-that nearly all the d~t~1b~~~~~t mcrease of salary provided for m this bill goes to the office force; down. and of this the railway clerks complain. I desire to ask the view ------1-----· 1-----~-----· 1----­ of the gentleman from California on that point. Year ended March Mr. LOUD. I have just said that we promote 748 of those 31- £ s. d. £ s. d. £ s. d. £ s. cl. 1891______68,182 19 7 299, 215 2 men-the men who do the work on the road-from $1,300to $1,400; 1892 ______00,283 8 8 u ------·--- 231,00214: 7 4 298,83i 7 G ------389,100 16 2 and the only increase in the office force is for chief clerks of 1893 ______4100,682 8 0 298,888 5 0 1!'9L ______'li8, 43S 19 7 ---· ------465,5i0 13 0 lines. These chief clerks of lines-I suppose you have one at 2R'l, 888 5 0 ------477,327 4 7 Harrisburg-- 1895 ------· _ 4Hl,G37 12 7 298,888 5 0 ----·------4A0,525 17 7 298,888 5 0 Mr. OLMSTED. Yes. J.1897 00 ______------4144,456'40,5!7 u8 8 2 ------·------339,4.15 16 8 298,888 5 0 ------443.3«: 13 2 Mr. LOUD. That is not a division headqua1tern, I unders.tand. lb'fJ8 ____ • _____ ••. 43()1,118 7 0 298,888 5 0 ______------oos; ooo 12 o You have a man there in charge of those 200 clerks-­ Total ______l,31.5,076~--~----~~~- 7 2 8,497,93-! 10 2 1---~~- 1 -~~~~~ Mr. OLMSTED. Yes, sir. 53,039 2 417,235,897 5 4: 1'Ir. LOUD. Now, up to the present time these officers have been siinply raiiway mail clerks, detailed to-perform duty as chief 1 The sum of £5-!,'i7117s. Sd. stock was canceled with £50,869 7s. 8d., the sur- plus shown by parliamentary paper, No. 69, of 1872. clerks, with a salary of $1,400. This is the same salary which is 2 The sum of £12,830 3s. 3d. stock was canceled v.rith £11,'i3912s., the surplus allowed by law to a railway mail clerk. When we advanced this shown by parliamentary paper, No. 386, of 18i2. number of men to the $1.400 class, we did think that these chief 3 Includes £27,3i0 Os. 8d. for bonus on conversion of 3 per cent st.ock into 21 • per cent stock. cle1·ks-there are on1y 85 of them in the whole country-ought by 4 Deficiency. right to have a larger salary than the clerks running upon the TREASURY CH.AMBERS, Janum·y, 1899. road, by reason of the greater responsibility imposed and the MESS.A.GE FROM THE SE.N°A.TE, greater ability required to perform the duties. . . . Mr. OLMSTED. I simply wanted to know whether your bill Th~ C?mm1ttee mformally rose; and Mr. BROSIUS havmg taken does raise all along the line the salaries of those who run on the the chair as Sp~aker pro tempore, a message fr<;>m the Senate, ?Y road. The chief c ~ erk at Harrisburg isagood man. He earns all ~r. BENNET!, its Secretary, aunounc~d that tne Senate !J.ad m­ you propose to give hiin and more too. But I have a good deal of sisted_UJ!On its amen_dments to the bill (H. R. 9139) makmg ap­ sympathy for the men who perform the service in the railway I propr~at1 c;>ns to proVId~ for the expens~s of th~ government of mail cars, and wish to see them fairly compensated. Their serv- the ~IStrict ~f Columbia ~or the fiscal year en~ng June 30, 1901,_ ices are more arduous and useful than those of many Department a?d for other purposes, disagreed to by the House of Representa­ clerks here at Washington. ti.ves, ha!'! a.greed to the conference asked by the Honse o~ the Mr. LOUD. It does. It must extend along the whole line, but disagreemg vote~ of the two Houses thereon, and had appomted it does not increase the salaries of every man; neither should it. Mr. ALLISo:N·, Mr. SEWELL, and Mr. COCKRELL as the conferees This, Mr. Chairman, is a fair bill. These 748 men were segre- on the part of the Senate. gated from the total of about 1,200 of the $1,300 men, for the rea- POST-OFFICE APPROPRIA.TION BILL. son that they performed a superior service and also because their The committee resumed its session. runs were longer and harder. Every clerk who has charge of such Mr. MOON. Mr. Chairman, I desire to ask consent of the a run is in the 81,400 class. House to have printed in the RECORD the views of the minority of The CHAIRMAN. The time of the gen~eman has expired. the Committee on the Post-Office and Post-Roads on the disputed Mr. MOON. Mr. Chafrman-- questions in the appropriation bill now before the House for con· Mr. LOUD. Mr. Chairman, I would like to ask tho privilege sideration. of inserting in my remarks in the RECORD somewhere a table The CHAIRMAN (Mr. RAY of New York in the chair). The relating to the matter of the expenses of the English telegraph gentleman from Tennessee asks unanimous consent to insert in system. the RECORD the report of the minority of the committee on certain The CHAIRMAN. Without objection, the gentleman from Cal- dis1mted questions. Is there objection? ifornia will extend his remarks as suggested. There was no objection. '.i'here was no objection. The minority report is as follows: The article referred to by Mr. LOUD is as follows: POST-OFFICE APPROPRIATION BILL-vrnws oF THE MINORITY. Statement of the application of the balances of telegraph revenue shown in the The undersigned members of the Committee on the Post-Office and Post- pi-eceding account tou:ard the interest and redemption of the stock created on Roads, not being able to reach the conclusions of the majority of the com­ account of the telegraph service. mittee on H. R. 10001 (a bill making appropriations for the service of the Post-Office Department for the fiscal year ending June 30, 1001), respectfully Balance to submit for the consideration of the Honse the following: meet interest We do not propose a review of the postal system, nor to criticise the admin­ on stock cre­ istration of the Post-Office Department, but t-0 express onr views as to the ated on ac­ propriety of continuing certain methods in the servico. We appreciate the count of the Amount of Amounts il:ifficulties of a proper and economic administration of this Department and telegraph interest on applicable Deficiencies the gre!1ter difficulty of providing complete and adequate remedies for abuses ser>ice and the st.ock. toa sinking · that have grown in the operations of the postal system. for the re- fund. 'The Fifty-fifth Congress appointed a postal commission and directed an demption of inquiry and re:po1·t as to the conditions in this Department and suggestions debt, brought for the correct10n of abuses, to the end that an economic and self-supporting down. postal service might be inaugurated. The commission, in a long series of hearings, obtained much proof and.information on these questions that l would no doubt be valuable to the House, but as yet the commissfoners have YearendedDecem- not deemed it wise nor advisable to impart this knowledge to the House, and ber 31- £ s. d. £ s. d. £ s. d. £ s. d. it is fair to presume that they will not do so, since·nearly or quite a year has 1870 _-----· ------261,925 5 7 18il ______238,695 3 10 ~'.~ ~ ~ \t~:~ 1~ ~ ------·------ela.W;~1~~naTI ~~:is~i'g~! ~'tth~aki~t.thatthere can be no material reduction in 187:3 ------139, 424 1 10 258,390 10 11 -·--·------ii8;006-i5--i the expenses of the Post-Office Department unless it be made by a reduction 1873 ------92, 9'J2 7 I) 270,980 18 9 ------177,988 11 4 in the price paid for handling the mails or by a reduction in transportation 11i7L ______85,807 18 4 293,705 18 () ------·--· 207,898 0 5 of the mails. If present expenses nre continued, the deficit in the Depart- Fifteen months ment will continue, unless the growth of the business producing revenue ended l\Iarch 31, shall extinguish it or it shall be extinguished by an increase in stamp tax 1871.i ______------103, 272 4 2 291, 905 18 9 ------...... 191,~ 14: 7 paid to the Government for the privilege of using the maHs. Year ended March There could be much reduction in the cost of handling the mails, but this 31- would necessarily in'l"olve a reduction of employees in the service, and of the 18i7 ----·------119,913 5 3 307, li2 6 2 ·-·----- ...... 187, 259 O 11 compensation, which might impair the efficiency to an extent that the bene- 1878 ------125,108 5 9 3H, 174 1311 ·------· 189, 066 8 2 I fits the public are entitled to would not accrue; but this is a subject we do 1879 ------207,916 16 3 3..."2,006 8 8 ------·---- 114, 119 12 5 not now desire to dic;cuss. 1360 ______------296,503 0 2 2 9 ""------·-·· 29, 909 2 7 There could, we think, be an advantageous readjustment of the classes of 1881 ------~.43215 6 ~:m 2 9 ------·---··-· 984 7 3 mail matter and of stamp taxes, but there could be no material increase in 1882 ------213,892 6 8 326,417 2 9 ...... 112, 52-i 16 1 the stamp tax on all mail matter that would not involve the burden of rais- 1883}884 -______------_ 181,193 12 1 326,417 2 9 ...... ---· ------142, 223 10 8 ing additional revenue from the people, which is not advisable if any othel' 419,697 1 6 3:.'6,417 2 9 ------340, 114 4: 3 method can be pursued to prevent deficiencies in the postal revenues. The l8SJ ______------0 188U ______436,350 1 0 326,417 9 -- ...... ------362. 767 3 9 careful consideration of the questions involving the method of handling the 445,137 3 3 326,417 2"' 9 ----·------371, 554 6 0 mails would probably suggest to men of business habits a means of reduction 18871888 ------______4145,472 14 2 3:.>6,417 2 9 ------·--- -- .. - 471,889 16 11 in expenses along this line. Yet we are satisfied that the mo.in cause of the 46 OS3 19 5 3'.?6,417 2 9 - ...... ------332,fiOl 2 2 deficiency in the revenues of the Post-Office Department is larp-ely due to }88!} ______, __ 3 1890 ______ss: GOO 17 9 353 787 3 5 ------...... 265,183 5 8 cost of transportation allowed and paid to railroad companies on inle.ndmails. 85,ll3 2 0 soo:o16 l 4: ------.. - 2'20,902 19 4: These companies very properly secure the best terms they can from th~ 1900. CONGRESSIONAL RECORD-HOUSE. 4567

Government to perform this service. We ought to pay th~m such :price as Box rents ______--······--··---·-·---·-··------···- - -·------$2, 726, 558. 04: will secure to them just and liberal profit co,mmensurate with the .ris.k and Money-order receivts ______------· ------1,286,6C!.60 obligations assumed by them. ·wo ought not to pay ll}Ore than. this. Y~ur Letter postage paid in money, 11rincipally balances due from attention is called to the excessirn pay for trans~01:tatio_u of mails, not with foreign postal administrations .•. ·-· --·-·· ·---. ------. --- --·. 98, 031.38 the view of striking out this item of the appropriation bill, for that could _not Miscellaneous receipts ______.•.... ------58 , ~7. 72 be properly done at this time under contract relations between the earners Fines and penalties·----·------··------·------·-· 31,().!l.42 and the Government, but that some action may be had by Congress before Receipts from unclaimed dead letters·------·------··------· ••___ 1_3_, l_W_._'i_4 the beginning of another fiscal Year. We pay an average, as shown by the Postmaster-General's report, for Total receipts------·---·-·-----··--·------·------95,021,3&1.17 carrying "tho mails, of S cents per pound. . . Excess of expenditures over receipts ______------·------. --- u, 610, 'i'i6. 75 The best estimate to be made from the proof on.the hearmg_s Ol} this qt'.es­ T bis statement shows that of the total expenditures, $101_,63:?,lGG. !12, the sum tion is that the actual expense to the transportation companies lJ?. carJ"Yl:nff of l31,6!?1,486.12 was paid for the hauling of the m!!ils on railroad cars alone­ the mails is about 1 cent per pound, and tha_t the ~xpress c9mpames (whi_ch being nearly one·thir·l of the whole expense of the Post-Office DeJ?artm~nt; we are informed pay about 40 per cent of their earmngs to railroad c~mparues the net profits to the •..:arriers over and above reasonable compensatio~ bern~, fo1· hauling their cars) underbid the GO'l·ernment on second-class_ mail. matter perhaps, not less than $10,000,COO. The s-i:im asked for _an:I pP._proprmt~d m and carry it at less than 1 cent per pound on hauls of less than 5_(XJ miles and this bill for inland transportation hy railroad rout~ ~ is $3;J.b10,000, bemg a still ruake a profit. If our information be correct, these compames carry the large increase over previous years. In this connect10n might properly be mails from Boston, New York, and Philadelphia. to Chicago for 1 cent J:!er discussed the benefits that won Id accrue to the Government by the ownership pound. While the postal commission has not reported. yet the press credits of its railway postal cars, but it not being our intention to undertake to re­ their statistician, Professor Ada.ms, as the author of a report ~ed on. proof view all the advantages and disadvantages of the syb1:em, we _desist wit!J. a. taken before the commission on the question of transportation, which we quotation from the report of Pootmastcr-General V1la.s, made m 1887, which give, ll.S follows: _ is as applicable to condition now a.sit was then, being in substance as follows: Facts of grossly e:l'cessit:e pay to railroads foi· hauli1t[J Unitecl States mail.* "He said to Congress that 432 cars then in th~ posta~ service-3-12 in ordi­ Fixed rate for haul of 200 pounds of mail, average distance, a mile nn.rv use 90 in reserve-could bs bought or their duplicates manufactured for ~1 1 600:000, while the entire annual c9st, em!Jracing all n~essar;v labo! and c~~~fu~fc>Ii-i:ate-i or iialii"or-c>iie-passenger aiiif i>ag:gag:0 ·c365 ,000 ponuds of mail, average distance, a. ensuing year was $2,000,000: this in a<_l.dition t~ the 8 i:>er cent per pound mil t 7,317.00 under the general item of transportation of mails by ra.1lroad. com1~miatioii-rai0·-rc,i:-iiaui-0r--&m.ooo-i>ouilcis·o-r-:Passeiigei=s-lliici "On one line $59,crJ7.37 was annually paid for the use of four cars that could baggage (365 days). average mail distance, a mile. _____ -·.------. 3, 121.0-2 be built and fully equipped in the best modern style fo: less than sp,5. an~ Commutation rate for haul of 300,000 pounds :first-class freight, av- this in addition to the full-weight pay for transportation, amountmg m thlS erage mail dist:mce, a mile. _____ ·--···------· 2,018. 76 case to $5(M,5i3.69 annually." . A~a.in. we oppose, for the present, any extension of the pneumatic-tube Anm-i:'ll revenues of a passenger cai· ------. ------10,528. OU Annual-revenues of a mail car ______---·-·------...... ------·-· --- 15,58tl.OO · service and any additional appropr~at~on on this acc~mnt._ . . . Decline in freight rates since 1878 ------·-····------______per cent___ 33 The bill recommends an app.ropr1at10n of $7t5,000 for this service, which lS Decline in passenger rates since 1878 ______------·-··------do_____ fi,l $500,000 more than the last appropriation. To our. minds the good results from this service are by no means commensurate with the cost. Th!3 P"D;eu­ Decline in mail rates since 1878. ______----- ·------Kothing. matic tube is a common iron pipe G to 8 inches in diameter and buried m a Percentage of mail to gross ra~lroaq. earn~gs (1878) ------·;------~~~,!9 shallow ditch under ground, through which tube mail is propelled by Percenta"'e of mail to gross railroa per c~nt, and charges for passenger from six to nine free deliveries daily can be of no great public benefit. No travel have decreased 17! 11er cent and that 1f the P~st-Office Department poblic necessity exists for such service. had required the railroad companies to make a reduction of even 2a ~r cent The people in these cities get their mail onanaverag~ of eight times a day. it would have netted the Government $8.82.3,609 and would have wiped out This is fast enough, fair enough, and often enough, it seems to us, when the deficit. leaving a surplus for the current year of $2,28-1,833. seven-tenths of the people of the Unite~ States do not get more tha~ one It may be interesting to reproduce the report 9f the Po&'t-Office ant.I Post­ mail a da.y and many of them once or twice a week. We do well sometimes Roads Committee, showing expenditures in detail for the last year and the to "make haste slowly." This is particularly true when the cost of our ex~a postal revenue. "fast ways" is so much greater than the benefits or the pleasure we derive EXPESDITURES IN DETAIL. from them. . The expenditures of the 11ostal service for the year are shown, by items, Thepneumatictubesin the city of Ne~Yorkin t~tallength is estimated at in the following statement: 30,(XX) feet. Proof as to the full cost of this tube varies from $34,000 to $300,000. The cost of the construction to us is immaterial. The thing we are interested Transportation of the mails on railroads---···------.....• $31,621, 4.SG.12 in is the rental per annum for its use. Compensation of postmasters. --- . ----· ------· ------...• ---· 18, ~' 506. 81 Free-delivery service_-----_ .. --- . -----. -·- •. ---- ·-.------··· --··-- 13, SO!J, 400. 00 We are charged by the Pneumatic Tube Company f0nses of about $10,(k;O, which 1s mclnded m the$158,000 rental by service _·---· ------· -- __ ---· -----· __ -- _·--· -·------·------';'26, 162. 'i3 Transportation of the mails on steamboats ______------· 4-34,200. 98 the United States. The w~on service carried all the mail from the post­ Special-delivery service----·----·------·--··------il.3, 994. 02 offices to stations and depots before the pneumatic tube was put in use. The addition of the pneumatic tube to the servic~ has not decreased the Mail depredations and post-office inspectors .....• ·----·------·- 406, ii:?. B'J waaon service. The Government pays as much, practically, now for the wagon 5 :::::::: :::: service as it did before the pneumatic tube was used. According to the Second ~~~~~;~:t'i~~~~~~~ niaiLS=-:eiecti:;,c-aiiCi-cabie.cai:S ~~; lfil: ti Postmaster-General the pneumatic tube saves nothing in money and only a Manufacture of postage stamps·------·------· •..... ---- ...•. 178, lXX>. 00 few minutes in time in the delivery of mails in a. very limited area of the Transportation of the ma.ils-s1>ecial facilities, etc------...• ---- 176, 003. 95 cities. The facts in reference to the pneumatic-tube service in the other cities Manufacture of postal cards----··-----·:------=···------·------142, 786.40 Miscellaneous expenses for nost-offices, mcludmg fnrmture____ 175, 131.20 in which it is used are similar to those of New York, the cost of operating Balance due foreign countries ·-···· ---·------.•...• 140,101.15 being somewhat ~ess. . . . Blanks blank books, etc., for money-order service------···--·- 99,5.>2.86 If this service is valuable for New York. Boston. and Philadelphia, it would package, tag, official, and dead-letter envelopes_---- 86, 108. 2l: be equally valuable for Chicago, New Orleans, and other large cities, and Regist~red should be extended to them. We think the benefits of this service would not "justify its extension as a business proposition. even in the cities where it is now in use. ::= =::=: Ri:J: The Government is simply operating this pneumatic-tube Rlltent for the Experimental~{if!~~ ?o~Tu~~i~~~~i~~~=:= rural free-delivery :~~ service .•..===~=:: :·-····_------·---·· =~:=~==:~:::::: 14-9, 9i9.69~t Postmarking and rating stamps·------26,974.98 benefit of its owners. There is neither necessity nor justification for its use. Establishment of temporary post-offices nt military po5Js -----~' 000. 00 The fact that it may have official advocates, in view of the unjnst contract now being enforced against the Government made and entered i~to bY: such 101, 014, GlS. 53 officials, rather weakens than strengthens the appeal for the contmnat1on of Expenditures under 21 smal_Ier items of appropriations______4:.>fl,651.46 the experiment. A~am, we onpose the appropriation of Sl96,6U.22 for alleged necessary and Total expenditures for the year .•..... ------_--·---.--· - 101, 435,209. 99 special facilities on trunk lines. This sum is paid to two systems of rail­ Add expenditures during the year on account of previous ways, one receiving $'25,000, and the other the remainder of the appropriation. 1'hese most remarkable appropriations have been made for some years years------· ____ ------·------______------·······----.------_!oo, 890. 93 past and paid out by direction of Congress without any request or estimate 101, 63:!, 160. g2 therefor by the Post-Office Department. The appropr:lation is alleged to be mad.e in consideration of extra fa.st mail over the lines receiving the same. POSTAL REYENt:;E. The mails on these particular lines of railway are carried no faster than The postal rev('nue from all sources was as follows: they are on many other lines of railway which do not receive this extra pay Sales of stamps, stamped envelopes, newspaper wJ.-appers, and _ • or subsidy for carrying mails. All of the railways receive compensation - 280 65-i. 01 amounting to at least three or four time!> as much as it cos~ them to carry postal cards ------·--··· -----· --:--.------·--- - ·-· ---- SS~· 5"~' 03:> 26 the mails, and we see no reason for this ext1·a compensat10n to. the roads Second-class postage (pound rate), pru.d m money ______----- o, ~1, .. ff mentioned. They may haYe. and no doubt have, changed the time of de- * From 200,000 to 300,000 pounds is thE: variation between the lightest and parture and anival of trains from terminal points. and heaviest mail routes. Speed may be greater upon these lines to-day than it was twelve or thir· i" Average haul of mails, 813 miles. · teen years ago. but this is true of other lines of railway and nearly all others :j: 'fhis saving would have eliminated a postal deficit of $6,610,776, leaving in that are not subsidized. 'fhe Depai·tment informs us that it pays out the lieu thereof a surplus of $a,284,833. 1 money f01· these roads because it i·egards the appropriation as evincing a.

' 4568 CONGRESSIONAL RECORD-HOUSE. .APRIL 23,

desire on thepartof Congressthatitshall be done, n.lthough the act may leave What the end will be we do not venture to predict.. But this much we do it discretionary with the Postmaster-General. know: The present reign of criminal and political disorder must soon give The argument that the payment need not be made except in the discretion way to sane, healthy and humanizing influences, or the South will gangrene cf the Postmaster-General amounts to nothing, in view of the fact that he the whole body politic.1 treats this directory provision of the statute as mandatory on him and pays out the money on call. "Pitiable state!" "Reign of criminal and political disorder!" We oppose this subsidy because it is a special privilege and grat~ty. "The South will gangrene the whole body politic!" Shades of We secure no special facility by_it that we 'Y'ere not eJ?.titled to at all tiII?-es Penn and Franklin, look in pity, from your resting p1aces above, under the contract with compames for carry mg the mall. The contract. V?J.th all the railroads is to carry the mail with reasonable haste and e~pedition. down on poor, benighted Philadelphia's great moral and P?liti~al These subsidized roads do not and have not done any more than this. censors! Why, the South in her darkest days of negro dommat1on Shall we offer them this gratuity of $196,000 to perform a contract they are never t·eached such systematic frauds, falsehoods, and crimes as already Ly law bound to perform? We regard this appropriation as a legis­ lative wrong, and it ought not to be made. are charged by the North American and other Republican Phila­ Respectfully submitted. delphia papers against the citizens of their own city and State, JOHN A. MOON, members of their own party. The most heinous crimes ever R. E. BURKE, JOHN S. LITTLE. charged against the South are not worse than those which are now being brought to light in the rock-ribbed Republican State of Mr. MOON. I now desire to yield to the gentleman from South Pennsylvania. Carolina [Mr. NORTO:N] forty minutes of the time allotted to the But crimes committed in the South are thoroughlv magnified minority of the House. by these newspapers, printed with huge sensational heads, and Mr. NORTON of South Carolina. Mr. Chairman, it is not so they are :flaunted before the country as Southern. The same much my purpose to discuss the bill now under consideration as crimes committed in Pennsylvania. or other parts of the country it is to present. some observations to the House and to the country than the South are given as merely ills that human society is heir on a subject of more direct interest to my people and to the sec­ to, and they go uncommented upon, on obscure pages, except tion of the country from which I come. I listened with interest when there is a falling out of rascals in a local fight. to the remarks of the gentleman fyom Iowa [M_r. LACEYl on tJ;ie We recognize the grave injustice done to our people by such subject of the amount of taxes paid for educational purposes m treatment; but we have suffered in the main silently, trusting his home town and in bis State. in the future and the ultimate fairness of public opinion to vindi­ His remarks were directed at Alabama, placing that State in cate the integrity of character of the people of the South. "Truth · contrast with his own on the subject of education. Let me say is mighty and will prevail." to the gentleman and to the country that when ~11 the ~acts and Pilate asked: "What is truth?" Not caring for h'uth, he hastened conditions are considered, any Southern State will, I thmk, com­ on in his work, staying not for an answer. Pilate was helpless in pare favorably with Iowa or any other Northern State in all his own weakness; under the influence of tha howling mob he matters. The difficulties of such a comparison are to get the went on to his work of desolation and death. This act of an offi­ facts in such way that the whole truth may be conveyed ~o the cer whose conscience prompted him to inquire as to truth, but public mind and to those not of the South who assume to dIScuss whose courage was not sufficient for the duties of the hour, gave conditions at the South. Itisnottrue that cold figures alone and to the world a tragedy, the darkest in i.ts history-a t~ag~dy s~ unexplainEd always present the whole truth. criminal in its character and so subversive of every prmc1ple or The South has been placed at greater disadvantageFi and labored truth and justice that nature itself revolted and the sun in me­ under greater difficulties than one from low~ or any par~ of the ridian glory veiled its face in darkness, refusing to witness the counti·y outside of the South can well conceive of or b~lJ.'3ve .. I scenes produced by Pilate's perfidy. . wish to tell the gentleman that the State of South Carol.ma, with Nearly nineteen centuries have thrown their shadows over this a property assessment of less than $200,000,000, bas paid as her past, and no answer has come to Pilate's question, "What is proportion of pensions about 540,000,000 over and above every dol­ truth?'' And it will not be given except in the life and character lar that bas been received by pensioners in that State, an amount of the object of Pilate's. folly an~ w~akness, as He. rises and more than one-fifth of her taxable property paid in cash for this spreads truth with "healmgs on His wmgs for the nations," and one specific purpose, or an average of over $1,000,000 per annum. people of the North, we may hope, as well. From all the Southern States, and, if you please, from the eleven For half a century the South has been the subject of the inquiry: seceding States, there has ~een paid ~or pen~ions over $~>00,000,0~0 What is truth as to its conditions and its character? No answer in excess of the amount paid to pensioners m that section of this has come to our inquiring Northern brethren, and none will come country. . to indifferent and prejudiced ears. Questioners such as the North And in addition to this heavy tax upon the South-at which I American like Pilate, blinded by prejudice and ignorance, listen am not now complaining-the people of that section have con­ to the rabble and release a Barabbas instead of truth; they turn tributed about $1,000,000,000 for the extra interest charged against loose false statements, robbers of truth and of the character of her people because they had no ~oney and were oblig~d to bor­ the South. · row-to borrow from and pay mten~st to tha~ section pf th.e That sectional prejudices growing out of. the .l~gislative. and country to which she was already making such unmense contri­ forensic struggles before the war and the anunos1ties and bitter­ butions in other directions. Still, if the burdens borne by the ness engendered by the actual conflict itself should dethrone rea­ South stopped here, its condition would be far better t~an it is. son and obscure justice was but a natural result. It was no less In addition to tbesf' two items, the South has contributed not natural that this bloody strife should be full of sadness as well as less than a billion and a half of dollars to the protected industries bitterness. The plaintive wail of the orphan and widow rose and interests of the country above any benefits received. The above the sound of the curses that were heaped upon us and moved Southern States, being in the main producing States, have be~n the stren..,.th of Southern manhood to turn toward the rebuilding obliged to sell their products in the open markets of the world m of its ho~es and the tilling of its farms. The soldier and !1is sons competition with similar products from every other co~ntry. At took up the hammer and laid hol~of .the plow to s~?t~er m labor the same time they have been forced by the laws of thIS country a growing wrath and to conquer m s1lenc~ a hum1hati~g oppres­ to buy in restricted and protected markets-markets created and sion. Thirty and odd years should have mformed the ignorance guarded by the tariff duties of the United States. and silenced the falsehoods and misrepresentations of detI·actors The South has thus, in every particular, been placed at great of this people. financial disadvantage. Since the civil war she has had wrung With the flower of her manhood slain or maimed in battle, de­ from her products and her labor not less than $2,5~0,000,000 for spoiled of her property, but upheld by a courage still sublime, th.e which she has received nothing at all. . And all th1s !oss comes South patiently, zealously, and manfully faced her new condi­ since she lost all she had in the war. Yet the South is taunted tions. She had to make bricks without straw. All had been lost with her povertv and her want of educatio:rial facilities-so often but her manhood. Under such industrjal and social conditions so that we have.grown somewhat accustomed to unkind and un­ as obtained in the South the strong hand of military government generous treatment, unkind and ungenerous taunts as to our was in itself galling enough; but harsher conditions yet were laid poverty and our character. . upon our people. I wish to give an instance of this sort of trea~en~ we have bee? The war was hell; military rul~, humiliation; but, worse than continuallv receiving in the shape of a general rndictment. ThIS war worse than famine and pestilence to the South, worse than comes, too·, from the last place from which such attacks ou~ht to the ~ontribution of hundreds of millions of dollars, was the pe­ come. It comes from a paper seemingly now very busy trymg to riod of reconstruction. The frogs and flies. the locusts and lice, clean the Augean stables at its ?Wn do~r. . . . the

Missionaries sent to the South from the North. Pennsylvania Iowa or elsewhere, we would say, ''Thy money perish with thee," basthedistinctionof havingsenttousoneof the principal teachers if with it you do not bring us a true sense of duty and a true ap­ of and instigators to every crime in the calendar of crimes in the preciation of character. You may leave millions to train your person of the most notorious John J. Patterson. Ohio gave us sons. Those millions may, and there are those who think they R. K. Scott, whose name will ever be remembered with scorn and are, used to beget effeminacy and bring decay. "A gjgantic for­ contempt by every decent man, white or colored, in the State over tune may roll up like a snowball, but a sunny day may melt it. which he presided as governor. The growth of such wealth as that of the Rockefellers is not auto- Massachusetts sent us B. F. Whittemore, who himself was ex- matic. It requires a combination of favoring conditions, together pelled from this House for dishonest practices. 'l'hese were typ- with a genius for piracy. All these things may not be found in ical missionaries who came South after the war, took charge of the next generation." • the negro, controlled him, and taught him that it was not wrong The boys of the South are being trained in the great school of to rob and murder white men, to spoil and ravish white homes. adversity, in poverty, and want. Such a school is developing brain The now dilapidated houses, where B. F. Whittemore once gath-1 and brawn, which in time must tell, which in time must gain the erecl together the negroes of his community to initiate them into ascendency. The future of the South is full of good things; the the mysteries of all political and social crime, still stands in a cor- opportunities of young manhood are nowhere better. And the ner of my own district, a passing monumfmt of those dark days. young men of no section of the country are better fitted to take Up to the coming of these missional'ies you could find among advantage of them than the young men who live daily amid them. thenegroesoftheSouthnocaseofandnocauseforlynching. To The rich blood of her tens of thousands of brave sons poured those gentlemen from Pennsylvania and Ohio and Massachusetts, out upon hundreds of battlefields as a libation to what they be· and their fellows from other parts of the North, whocame South lieved right and duty, enriching Southern soil, was not spilt in to prey upon the prostrate States after the war-to their benevo- vain if the Sout.h remains true to its own splendid example. lent political influences and benign social teachings is American That it will do so can not be doubted. It was a Southern boy, history indebted for the tale of lynchings in the South. Since Worth Bagley, who was the first to give his blood and his life for those days some of these notorious missionaries have brought us in the Spanish-American war. their ill-gotten Southern gains to the North; Northern corpora- M.r. GAINES. Mr. Chairman, let me say to my friend that the tions have taken them up and made them millionaires and inftu- first shot in the Cuban war was fired from the cruiser Nashville, ential gentlemen. Most of those sent home for the good of the the namesake of my home city, where rest the ashes of Andrew South have had the eai·s of the newspapers and they have seldom Jackson and James K. Polk, and the shot was fired by a Tennes­ failed to malign, misrepresent, and slander our people. While the sean, Captain Maynard. South has been painted blacker than their own souls by these Mr. NORTON of South Carolina. The first blood shed on Cuban artists in iniquity, it was taken all to be too true by more honest soil by an American soldier was that of Dr. Gibbs, who was born men at the North. in Richmond, Va. Hobson, of Alabama, sank the Me1·rirnac in :Many lies have been circulated with all the earnestness of con- the mouth of Santiago Harbor, after Victor Blue, a South Carolina viction by comparatively honest men who have stayed not for the boy, had located the :fleet of Cervera within it. The Southern South's answer to the question: What is truth? The purse and youth may be depended upon in wa.r or in peace to do his duty and the reputation of the South have been hurt for the time being by maintain the good name and high reputation of his fathers. such a false condition; but truth will triumph and the South stand Thirty years ago the South was crippled, but she had unsur­ resplendent in the light of the gi·eat name made by a great and passed natural resources. It had not strength, no implements. no splendid people. Unscathed by the blight of war, unsullied by opportunity to develop these resources. Labor was disorganized; the rot of reconstruction, undaunted by poverty, the South main- there was no money and no adequate transportation facilities; our tains its integrity of character, and on top of the Pisgah of Hope, people stood near helpless and discouraged amid this abounding in full view of a grand future, she looks out over '' a good land, a wealth of resource. But the South has now emerged from that land of brooks of water, of fountains and depths that spring out period of ruin. With strong and steady purpose, energetic and of valleys and hills; a land of wheat, and barley, and vines. and progressive, she moves sanguinely forward, gathering power with fig trees, and pomegranates; a land of oil olives, and honey; a momentum and greatness with confidence. land wherein thou shalt eat bread without scarceness, thou shalt Those who malign, slander, and misrepresent conditions at the not lack anything in it; a land whose stones are iron and out of South, who falsify history to blacken the reputation of her people, whose hills thou mayst dig brass." will hardly believe the truth of these things. But this does not Just out on the west corridor of this Honse is a beautiful pie- discourage us, as the South moves onward and upward conquer­ tnre. It gives to the eye the story of the pioneers seeking homes ing and to conquer all obstacles. From a condition of wreck and in the West. The rollicking boy, the young man and maiden, the ruin, amid adverse criticisms and unfriendly influences, the South stalwart father, the mother, all are there in that great caravan of has reached a position of comparative independence and indus­ slow-moving ox wagons, seeking new lands and freedom in the trial prosperity, not by virtue of the good will of any other sec­ broad West. On a mountain top in the distance a young man tion or by virtue of favorable national influences, but in spite of lifts aloft the Stars and Stripes, waving hope and encouragement 1 ill will and unfavorable influences. to those below winding slowly on through mountain passes to The immortal Henry W. Grady, in his last public speech, said: fairer land beyond. Over all is written this legend: ''Westward Far to the South and sep~ated by a line-once defined in irrepressiLle dif- the course of empire takes its way." ~erence. once ~raced in_fratricida1 blood, and.now, t~ank God, b~t a vanish- . . . . mg shadow-hes the fairest and richest domam of this earth. It is the home For centuries the tide of em1grat10n has been westward. Start- of a brave and hospitable people. There is centered all that can please or ing, we are told, on the far-away steppes of central Asia, wave prosper human kind. A perfect climate above a fertile soil yiel~s to the afterwaveofhumanitysurcredoversouthwesternAsiaintoAfrica husbandm~n every product of the Temperate Zone. There. by mght.~he · bol d f S h d t· d ' cotton whitens beneath the stars, and by day the wheat locks the sunshme on1 ytomeet theimpenetra e eserto a ara; an a terwar sover in its bearded sheaf. In the same field the clover steals the fragrance of the western Asia and Europe to the long impassable Atlantic. For wind, and tobacco snatches the quick aroma of the rains. There are moun­ other centuries the scepter of empire rested on the shores of the tains stored wi~h exhau~tle:;s treasures; forests, vast and primeval; and riv- . h" ft' f t' t t' ·1 A 1 S ers that, tumbling or 101termg, run wanton to the sea. Atl an t IC, s 1 mg ~om na ion O na io:i unti ng o- axon su- Of the three essential items of all industries-cotton, iron. and wood-that prnmacy was established. Then the bridge that another people region has. ea~y control. In cotton. a fixed monopoly; in iron, P!Oven su­ had thrown across the tempestuous seas became crowded with premacy; m timber, the reserv~ supplY: of the, R~pubhc .. Jfrom this assured throngs again going West Westward still did the course of em- and p~rmanent advantage\ agamst whic~ artific~al condit10n_s ca;n not long . . . · . . -prevail, has grown an amazmg system of industries, Not mamtamed by hu- pire take its way, until at last it touches the East. Now It looks man contrivance of tariff or capital, afar from the cheapest source of supply in another direction. but restin&' in Divin~ assurance, within touch of ~eld, and ni?!e, and fo1:'est: And the near future must change the words of this legend not set ami~ bleak ~ills and c?stly farms from which co~peti_tion ha:s driven . . . · the farmer in despair, but amid cheap and sunny lands, rich with agriculture, The scout of progress and empire on the mountain will face about to which neither season nor soil bas set a limit, this system of industries is and look toward the sunny lands of the South; for southward the mounting to a splendor that shall dazzle and illumine the world. course of empire will bend its way. The finger of the Divinity To-day the South has S1,000,000,000 invested in manufacturing. that shapes the destinies of this Republic points southward to-day. Her manufactured output is valued at $1,500,000,000, and her fac­ The sun of a Southern ascendency slowly 1·ises above the horizon tories pay to labor apnually $350,000,000 in wages. The cotton of its adversity and poverty. The mists and fogs of falsehood will mills alone of the South represent a capital of $125,000,000, and pass away before the power of a new supremacy, will lift before their 6,000,000 spindles will consume 2,000,000 bales of this year's the light of truth-a truth revealed in the character, virtues, and crop of cotton made at their doors. intelligence of a hitherto misunderstood and traduced people. Twenty years ago, in 1880, Southern cotton mills contained The South realizes that neither defeat nor adversity nor even 584,000 spindles, using 221,000 bales of cotton, and turned out death itself is the worst that can befall a people. In poverty it $21,909,717 worth of cotton goods. has learned that man shall not live by bread alone, but by every In 1890 the number of spindles r~ached 1,605,000, using 545,000 ·word that proceedeth out of the mouth of God. And these many bales of cotton, producing S-18,066,504 worth of goods. years has the South traveled in soiTo\l and adversity toward a For this year the best estimate gives not less than 6 000,000 cei·tain, bright future. "Thy raiment waxed not old upon thee, spindles to Southern mills, to use 2,000,000 bales of cotton and neither did thy foot swell these forty years." producing not less than $110,000,000. To those who taunt us with our poverty, whether ~hey be from The same ratio of inci·ease for the next twenty years, without CONGRESSIONAL RECORD-HOUSE. APRIL 23,

regarding the inevitable acceleration of growth that must come, which will be given by an Anglo-Saxon domination of the govern­ wm give to the South G0,000,000 spindles, using 15,000,009 bales of a ment, the South is "destined to enjoy a prospe1·ity more splendid 20,000,000-bale crop of cotton. Seven billion five hundred million than has ever been vouchsafed to any other people, ancient or pounds of cotton unmanufactured is worth about $500,000,000, modern." and manufactured certainly not less than one and a half billion "The astonishing richness of its resources, its situation with dollars. reference to the commerce of the world, the marvelous fruitful- And this will pay investors not less than 20 per cent on their ness and versatility of its soil, the character, extent, and vai·iety investment, or some $300,000,000 to manufacturers anu at least of its minerals, the amplitude and value of its forests, and aboye $150,000,000 to producers annually, making a net cash amount all the vfrile strength, the intelligence, the quenchless energy and of money poured annually 'into the channels of trade in the high courage of the dominant race, with its love of freedom and South of $150,000,000 from this one som·ce alone. This leaves its executive ability, are factors in the future growth of the South $1,000,000,000 for the labor in producing and the labor in manu- that no other country in any age has brought to bear upon hnman factnring the cotton crop. The possibilities of the South in the energy.'' Mr. Chall-man, this is the country and this is the people matter of cotton alone are now almost incomprehensible. She who are charged by those ignorant of the truth with being lawless can produce fifteen, thirty, sixty million bales of cotton, and will and with gangrening the body politic, morally and politically. do so if conditions justify or her interests require. The South has as yet no great ships to ply the ocean, carrying England now has about half the spindles of the world, operat- the products of her fields and factories to other countries and to ing in an area less in size than an average cotton State. But Eng- other peoples; but the day is not far ahead when the lumber of our land's pwportion of spindles is already decreasing. It is confi- forests will float the fruits of our fields and the fabrics of our fac­ dently expected that there will be yet a great increase in the de- tories to all lands that n.eed them, far and wide the world over. mand for cotton goods in many parts of the world. It is toward And we do not ask the aid of any Hanna-Payne ship subsidy bill the South that all are now looking. It is being called upon not to help us. The South could afford to pay the proposed ship sub­ only to produce the ra.w material, but to send out the manufac- Ridies out of the net results of the protective tariff benefite on one tured article to supply the new demands that are coming for crop of 15,000,000 bales of cotton manufactured at the South and cotton fabrics. sold to the North and the rest of the world under the Dingleylaw. With coal about 50 per cent cheaper, raw cotton about 15 per Our day is coming; you can not keep the South down. cent cheaper, and building material from 25 to 50 per cent cheaper Those whose vision and view are warped by selfishness, -preju­ than in Old or New England, with a better climate and longer dice, and malice, begottenofill-will,cannotacceptourconclusions hours, what is to prevent the continued and accelerated growth as to the South. But evil opinions of us willnotdisturbtheSouth. of cotton manufacturing in the South? When there is a profit of nor deter us on the even tenor of our way toward prosperity and 20 per cent to 40 cent on the capital invested in sight, it will take industrial supremacy. With that consciousness of rectitude and much pressure of artificial fear of Southern conditions and much that consecration to duty toward country and toward God which wild talk of the negro problem to make .money stay where it can bespeaks the devoted man, our people will move onward, SU1>remely not make more than 10 per cent at the outside. indifferent to the jeering multitudes of Sanballats and Tobiahs, And there is nothing of the fabric of dreams in these fi.gUl'es. who would impede our progress and destroy our character and When werememberthemightystrides thatthisindustryhasmade our country. during the last thirty years has been in th~ face of intensely Nehemiah said unto his people: "Ye see the disfress that we adverse conditions; that it has been weighed down by the heavy are in, how Jerusalem lieth waste and the gates thereof are handofunfavora.blelegislationa.ndof discriminatingfreightrates; burned with fire; come, let us build up the wall of Jerusalem that it has been retarded by the lack of money as well as its in- thatwebenomoreareproach." SotheSouth. "But," Judah said, crease in value year by year; that it has gone on in the face of "the strength of the bearers of burdens is decayed and there is social and industrial ostracism such as few sections of the world much rubl.Jish; so that we are not able to build the wall." The has ever known; when we remember that success is the cause of people of the South realize the force of the old prophet's language success, that restrictions must be removed, that prejudices must as applied to their own country. The old Confederate veteran and will -pass away, then we can but belieYe that our prophecies feels that "the strength of the bearers of burdens is decayed;" fall far below the mark. we all see that "there is much rubbish" of prejudice, of false- It is not in the fi eld of cotton industry alone that the South has hoods, and of misunderstandings of the South, left from the fire shown its wonderful progress. The South's production of coal and sword of days of war and from the false conditions of arecon­ has risen from 5,959,209 tons in 1880 to 42,863,448 tons in 1899; ancl struction. But all this must disappear; it is disappearing. May there is no reason why the same ratio of increase should not con- the God of Nehemiah help us! May the stalwart young men of tinue and our output go to over 300,000,000 tons in 1920. Of coke, the South carry forward to completion the triumphs of industrial the South produced only 299,430 tons in 1880; in 1899 it produced superiority so auspiciously begun by their burdened fathers! 5,14.0,977 tons, an increase of over 1,60012er cent. Mr. Chafrman, let me say in conclusion that these are not idle The South produced 308,031 tons of pig iron in 1880, and2,380,534 tales for credulous ears I am repeating. I have hardly begun the tons in 1899; and in 1920 there seems to be no reason why we story of om· struggles and our triumphs. One who knows the should not send from our mines something like 18,000,000 tons. truth of it all would exclaim, like the Queen of Sheba, that the The South produced 474,614,756 bushels of grain in 1880, and half of the wonderful tale had not been tolcl. We would not de· increased that to 748,796,476 in 1899. Twelve hundred million tract one iota from our Northern neighbors, from their prosperity bushels is what we expect from our farms in 1920. . or their glory. We only hope for the dominion and the supremacy There was 20,000 miles of railroad in the South in 1880 and 50,000 of our common country in every field of life when we look for­ in 1899. We will need and we will have the tran..sportation fa.cil- ward to the day when somewhere South-may be at Charleston ities of 100,000 miles of mad in 1920. or Georgetown or Port Royal, S. C., I hope so-" there will be In 1880 there was 750,000 tons of phosphate mined in the South- built a commercial city that will be to the modem world what ern States, and in 1899 there was 2,000,000. Rome and Venice and Carthage were in the ancient world. From "Possessing half the standing timber of the United St.ates, the it will go forth the most varied and the most valuable products, South is building up an immense lumber and wood interest, and mineral and vegetable and manufactured, to all parts of the earth it will not be long before she will entirely control this trade." to bring i·eturns for the enrichment and the glory of the Southern In 1880 there was $3,500,000 invested in cotton-seed oil mills in States." the South, and in 189!> this was increased to 840,000,000. The prod- . When that narrow isthmus that now divides the two greatest ucts of the cotton seed are becoming valuable and important, and oceans of the earth is severed it will bring the teeming millions of at the same time the fight against these products is assuming the Far East thousands of miles nearer the South and let in a flood formidable shape. At the same ratio of increase we will have in of business which will swell the tides of commerce that ebb and 1920 over $300,000,000 invested in cotton-seed oil mills. flow on our Southern shores. Southward the course of industrial The South can produce sufficient tea for the use of her people. supremacy and commercial empire will take its way. The clay The growth of this plant has passed beyond the stage of experi- will soon come when millions of bales of cotton manufactured in men tin the South, and we are only awaiting the further diffusion of Southern looms, when millions of tons of iron wrought in South­ the facts already absolutely established by -scientific experiments ern forges, when millions of feet of lumber cut by Southern mills and for mechanical improvements that are bound to come to see will find their way to every port washed by the Atlantic, the the South producing all the t£U) ,for this country. There are many Pacific, and the Indian oceans. persons in my district now w.Lo grow these plants as ornamental "Southern tobacco, borne on the speedy wings of commerce, shl·ubs, incidentally obtaining enough tea for their- own and their will soothe the temper, or stimulate the action, or regale the senses neighbors' use. of millions of people who now employ a weak substitute for it." The South can grow 72 varieties of field crops and 63 of garden We are called upon to supply the needs of the Occident and of vegetables, fruits, an

1 · l ds of the South Seas where the perfume of perennial you can not get the express company to carry a bo?k the post­ ~~~er~ fills the air with sweetness or in the frigid region where age on which would not be as ~u~h as 5 c~nts. ~hat IS on~of the · t . eigns and clothes with an icy mantle the surface of the_ advantages, and the onlyrestriction_on this S01;'Vlce or on the cor­ :~1:r0~ in the temperate zone of Europe, Asia, and Africa, in responding ser:vice.as to any oth~r.kmd of registered second-class mny India or in frozen Finland " Southern products-coal, cot- postal matter is this, that the mm1mum charges are 5 cents. ~~n lumbe~-will find profitabl~ markets. The world will be Second-class matter when so regis~ered is carried by the ~xprcss compa- placed' un d er t n "b u t e t o th e S outh · . . nieafrompound. the west line of Pennsylvarua. to the Rocky l\Iountnms for 1 cent a And as the sun of the. South's mat.er:ial l?rogress rises and warms Now let us see. The gentleman would carry the impression fato life these slmnbermg and geraa~~g resourc~s of we:- 1;~~ that the express compani'es only get the work of carrying the her intellectual a~d moral m~nhoo W1 grow. an sprea second-class matter for short distances. In other words, he car­ graces and beauties of 1tigher and ries the inference that the second-class matter is carried for 1 cent t~~ 0 gere~~ife 'bti~~ d':~:: mfetnhant d wohmed gi~~~ P~aJ us~e~r~~r:xis~~ce ~~uera of indui:;- per pou_nd over the short _distances, simply becaus~ the express o a man oo w ic s . b th ~omp1 es take the material at the office of the shipper and de­ trinl, _intell~ctuaL and m~ral supr~macy w~ich[Lhald 1 e e g 1orK liver t to the consignee at his home, things which the Post-Offic~ of this nation. a~d the c1own of the Sout · ou app1 au.Be 0 do not do. Now, let us see whether that is true or not. Le~ ns the Democratic sid~.] . s what they charge in the New England St.:'ltes for carrymg Mr. M 0 ON. I yield forty mm u tes to the gentleman from Colo- ewspapers, which form the larger part of the second-class matter: raMrdo [MBELr.BLELL~1· Chairman this is one of the greatest bills th~ Cla~fication. Newspapers, daily, forwar.ded oln thle dtay ofissfn,e, be35~wte e3~ · · · . ' . . . · h t all pomts except New England, where present oca ra .es are I om o 1 comes to this House for its consideration.. It IS a bill t a m-·a~ cents per hundred pounds- volves one of the most important expendit~·es of the Govern- That is, in the New England States generally the rate is from ment, one that is open to probably more e:xt~nsive_abuses than any 35 to 37 cents per hundred pounds. otller bill that comes before us for our consideration, and one 1!as .Mr. GAINES. Carried by whom? . only to look at the number ?f membe:s present. t? learn w~t m- .Mr. BELL. Carried by the express companies. Where the terest they propose to take m reformmg: a condition. that is no~ papers are not sent out on the day of issue, they charge a higher hera~ded all over the country as a standmg scandal m our public rate. service. . . Mr. GAINES. What is the mail rate? The ch!lirman _of the. Committee. on ~h.e Post-Office an~ Post- Mr. BELL. 'l'he mail rate is 1 cent a pound. The express rate Roads this mormng! with all of hls ability and that of hls asso- is 35 cents a hundred pounds in the New England States. There­ ciates on the committe~, were .really unable to a~wer the ques- fore, of com·se, the express companies get the haul. I q~ote now tions of gentlemen on his own side of the House with reference to from the statement of a o-entleman whom I had make this up for certain conditions involved in the bill. He ayoided them, ~nd me in Boston· 0 refused to give, or faile~ to give, the information ~sked, saying The buc;iness ~anager of the Boston Globe told me, on March 15, that this that he had been over this field so often. that he had so repeatedly rate of a. half a cent a pound carried Boston dailies all the way through from answered questions of the same kind, that every man ought to Boston to Chica2'o. know the condition of our postal service from me~ory. . That was the rate of half a cent a pound. Now, the express But I notice that when the gentleman. from Wisconsm [Mr. rate goes further, and agrees not only to carry these b~oks and COOPER) cameforward and presentedapomtthat every man w~o periodicals but it fixes a rate for the return of lmsold issues of has a mmd must have recognized as an important and essent1~ newsdealei~s at the same price as the second-class rate in our postal element in the consideration of the bill, and stated that t~e m1- service. . . nority report in this case showed that th~ second-cl~ss mall ma~- Now, why is it that that becomes so important m this .contro­ ter, which is fixed at 1 cent per pound m the Umted States,_ 1~ versy? The reason was seen by t~e gent~eman w_ho was i~terr:o­ taken fro:r;n the Post-9.ffice Department by the _expre~s C?mpame;::; gating the chairman o~ the comm1ttee this morn~ng. It lS this: at that price, and, said the gentleman from ~1sconsm, lf that be If the railroad compames and the express compames can compete true, as stated in the minority report-that is, that the express for second-class matter by offering a rate of 1 cent a pound from companies can haul second-class 1?-a~ter from Boston to Chic;:go the west line of Pennsylvania to the Pacific, then the Govern­ for less than 1 cent a pound-how is it, then, that we are paymg ment in paying them 8 cents a pound for an average haul of less for can-ying mail of the same character, 8 cents per pound on the than 4.Jo miles, is undoubtedly paying an extortionate rate. For average on all the mails transported by the Government ~f the that reason the matter was presented by the gentleman from United States when they are carried fm: distances of 430 miles or Wisconsin and the chairman of the committee seemed to be un­ over at the price which is indicated in the mino:ity i·eport? able to ans'wer it just at the time or to catch the force of his ques- How is it, if this is true, that we are not paymg too much for tion. carrying the mail when it is shown that we J?ay8 cents per po~.d Now. sir, this post-office matter has become, I say, an open on the average on all mail matter in the Uruted States when it. lS scandal. There is no doubt about it. It has been an open scan­ carried less than 450 miles on the average, eyery pound of it? dal for ten years. There is no doubt a.bout that. We have had And when the gentleman was asked the question by the ~ent~e- it up here repeatedly; they have had it up in the Senate repeat­ man from Illinois [Mr. .MANN], "If the express companies ~l edly; the Postmaster-General has ha~ it up repeat_e~Iy. We have ~arry the second-c)ass. matter for ~ess than a cent a pound, :vhy is been repeatedly informed by _the pub11c press tha~ itis outrageous, 1t that these ~ubhc_a~10n compam~s swarm around W ~shington and yet without d0ing anythmg from_ that. comm1tt;e or an~-. ot~er and send their petitions here asking t!iat we do not.disturb the committee of the House, except as IS evmced by lhese mmonty second-class matter?" the gentleman said he would g1_-ye way and reports showing these outrages. When Mr. Vilas was Postmaster­ would yield time. to "the gentleman from Colorado, ·- myself, to General he unquestionably went into thei:;e propositions more answm.· the question. . . thoroughly than any other man who has ever been in the P?st- I stated then, and l stat-a now, that one of the mam reasons is Office Department. He went into them to the extent of sbowmg that in sending through the mail you can send any amount-for that the railroad$ of the United States dominated the Post-Office instance, an ounce, a half ~unce, 1 cent's worth, a ce~1t and a h~lf's Dep:n·tment. . . . worth, and you can send It over every star route m the Umted He went into it to the extent of showmg that under his admm­ States. That is one of the reasons for fixing the low second-class isiration a railroad in one of theNew England 8tates, when he tried rate. to make terms with it. informed him that if he desired to throw I promised the gentleman from Illinois [Mr. .MAN~] that I his mail sacks into freight or any such care as tlley had provided would give them the express rate on the?e books. . from place to place, he could do so, and t~at t~ey did n?t pro- N ow, let us see what th~ express rate is. ~ut before Ig1veyou pose to make any arrangement for the Umted States mail. He the express rate, I want toim~ressupon the mmdof everym~mber stated to Congress that_ it was your duty aJ?d mine to p~s~ !ln act here th~t the express compai;iies ar~ understood to ~ay the railroad requiring these r?ilroads to i;nake and provide ~etter facilities for compames 40 per cent of then· earnmgs fo:r: the carriage, and when carrying the mail and reqmre them to carry 1t at a reasonal.Jle you figure upon what the express compames carry these pa<'.kages rate. for, yon must consider the railroad company. as only gettmg _40 Not onlv that; Postmaster-General Vilas took every car that per cent of that rate. Not only that, but the express compames was then ·in ser\7ice durino- hi<> administration. He gave you pay big dividends yearly up~n their stoc:k. . the cost of tbo:;e cars; he g:fve you the cost to the Government of Now, let us see about thIS book ·J:msmess. The questio_n ~ru; the same cars, and he said to Congress that the Government _of the raised whether boo~s could be carried for that rate. Here IS a United States vaid not only the full va)ue of every ca;· for its use copy of the advertisement of the Adams Express Company on annually, but paid more; and he advised that the Government books: should build its mvn postal cars and own them; and showed that Tariff on books: Periodicals whic~ are registerE'.d b the United States he could duplicate the Ca!'.S in use for the rent charge for one Post-Office ~s second-class _matter. shipped by pubhs~ers anh d ne~s ddE'.atle!st, year own them and have ·1 surplus of a million and a half dol- between pomts we~ of Ohio and Pe~nsylvania, co~ermg t e entire is nc . ' . . • ' ' . . - It between the west line of Pennsylvarua and the Pacific coast, 1 cent. lars, w1th irnthmg except the casualties to come out of it. _was From the west line of Pennsylvania to the Pacific 1 cent a pound also estimated that the life of a car i~ twenty years o~ upwara. is the rate advertised. Minimum charge, 5cents. In other words, That created somewhatof a sensat10n. It was up m the Senate 4572 CONGRESSIONAL RECORD-HOUSE. APRIL 23, and here. They had their investigation in the Senate, and they hearing. It .first shows a thing we all know from the report of the showed that for many years railroad men have dominated the Interstate Commerce Commission, that the general rate of freight Second Assistant Postmaster-General of this Government. Roads has fallen 35 per cent. That paper figures out, taking the charges have been making contracts with themselves to carry the mail. of last year, and says that if we had a reduction of even 25 percent They showed by Mr. Neilson, when he was on the stand before it would amount to nearly $9,000,000. That would pay the deficit the Senate committee, that he came from the office of superin- and leave us nearly a $3,000,000 balance. tendent of a railroad company to the office of Second Assi~tant If we should put it on an equal footing with passenger traffic, Postmaster-General, and showed by him that his predecessor left or if we should by analogy say the mail should be carried at the the Second Assistant·s office and went into the office of traffic same per cent as humanity is carried, it would still be a great manager of a New Jersey road, so he must have been a railroad saving, if we shoula gauge it by the reduction in that traffic. employee also. Then be takes the car and shows that the ordinary passenger car Mr. Gorman, on the committee for the Senate. declared that I in the United States earns to the companies on an average a little every man who had investigated this question in the United over $10,000 a year; that a car which does not carry human life States realized that it was the greatest extortion that ever was and human blood-where the company is not responsible for the perpetrated upon this Government. Now, sir, bear in mind that loss of human life or limb-produces to the owner over $15,000 prior to 1878 every few years the Government obtained a reduc- a year. It also takes up the figures that it gathered from the ex­ tion in the charge for carrying the mails corresponding with the perts before this committee, which has not yet reported, and shows reductions of the general freights and the reduction in passenger that in every instance the companies have largely increased their travel. That was the general custom up to 1878. It seems about earnings on postal service, while their decrease has always been that time the railroads conceived the idea of getting their friends on the passenger and on the general freight traffic. worked into the Post-Office Department, and working their meas- Mr. BARBER. Would it interrupt the gentleman if I asked ures differently; and from 1878 up to this minute they have no him a question? record of any e~ort being made in good faith to secure a reduction Mr. BELL. No, sir. of the mtes for carrying the mails, with the exception of Post- Mr. BARBER. You say they earn about $15,000 a year simply master-General Vilas, who tried but failed to get successful ac- on the postal car? tion. ' Mr. BELL. Yes. And not only that, but the general reduction on freight rates Mr. BARBER. Does that include all their remuneration for since 1878is 35percent; the reduction on thecostof passenger travel carrying the mail in the cars? Are they not paid besides that so since 1878 is 17t per cent, according to the figures of the Interstate much per pound? Commerce Commission; and yet we sit here and pass this enor- Mr. BELL. I understand that includes all. As shown by Sec­ mous bill for over a hundred million of dollars for carrying on retary Vilas, they first pay for tlie room in the car, or what they the greatest postal system in the world, and at the same time, not- call a rental of the car. They pay an annual rental for the car withstanding the great machinery in Washington, the great ma- itself, as he shows, in excess of the actual value of building the car. chinery in every great city, the great machinery all over the They first paid that; then they paid in addition to that 8 cents a country, the transportation charges are more than a third of this pound for carrying the mails in that car. And from these figures entire bill. Yet we sit here and the Post-Office Department is he discovered the extortion and demanded that the Government inert and these men go on. Do you wonder, under these condi- of the United States build its own cars, own its own cars, and tions, the chairman of the committee, in one of his elaborate re- arrange with the railroads to haul these cars; and he said within ports on the Loud bill, announces to this House and to the world sixty days he could arrange to run the cars as a department of that any private individual can run the Post-Office Department this Government without any friction whatever. and save from thirty to forty mHlion dollars a year? Mr. LOUD. Who is the gentleman quoting from? Mr. STEPHENS of Texas. Do I understand the gentleman to Mr. BELL. From Mr. Vilas. say that there has been no reduction in the rates for carrying the Mr. LOUD. Let me show you how much in error Mr. Vilas is. mails since 1878? There never was an amount equal to 8 cents a pound paid any Mr. BELL. Not any; and I do not know of their being asked railroad company for transportation of the mails. to reduce the rate. Mr. BELL. And handling. 1\Ir. STEPHENS of Texas. Do you know any reason why the Mr. LOUD. They do not handle it. rates should not be reduced for carrying the mails, the same as Mr. BELL. They move it from the depot to the offices when they are for passengers and freight? within a certain distance. Mr. BELL. Every principle of ordinary justice and common Mr. LOUD. There never was an amount equal to 8 cents a honesty demands that they should be so reduced. pound paid the railroad company according to any system of fig- l\lr. LANHAM. If the rates were so reduced, would it not en- uring that I ever saw. As a matter of fact, the figures of last able the great masses of the people of the country to have the ben- year, which are the most accurate of any year, show that the efit of penny postage? railroad companies are getting a fraction less than 2! cents a Mr. BELL. There is no doubt about it in the world. But I pound. want to say, further, that we have been a little to blame for this Mr. BELL. There are three Postmasters-General, one after matter in this House. Many of us who ought to be friends of another, who have figured that it runs from tl to 8t cents a pound. this measure have stood here session in and session out and voted Not only that, but during the same time they show that the for subsidies because the trains ran through our communities. weighing was not correct; that some of the compames hauled all We have voted for these subsidies because some people of our kinds of dead matter and fraudulently padded the mails in the own neighborhoods got the advantage. We have voted for sub- weighing season. sidies not demanded by the Post-Office Depai·tment, so that it Mr. LOUD. Of course the gentleman does not want, and can does not facilitate the ca1-rying of the mails. Take that into ac- not afford, to misstate what is an apparent fact. No Postmaster­ count, spread it all over the Unitecl States, and you can get some General ever did contend, permit me to say, that the railroad insight into the abuses of the Post-Office system. companies were being paid either 8 or 8! cents a pound, or more Now, let us go further. The newspapers of the United than 2 or 3 cents a pound. States- Mr. BELL. Oh, yes. Mr. FLEMING. Will the gentleman let me ask him a question? Mr. LOUD. The gentleman is mistaken. The statement re- Mr. BELL. Certainly. peatedly made by Postmasters-General was that transportation Mr. FLEMING. Is it not true that two years ago when this cost 8 or 8tcents per pound; but in that, mind you, they included subject was being discussed the extravagance of the Department the salaries of the letter carriers and all other classes of trans­ was shown up, and a resolution was inh-oduced by myself to in- portation. No Postmaster-General ever stated that the railroad vestigate this question, in order that the House might have the companies were receiving 8 cents per pound; but those officers absolute facts, as near as could be ascei·tained, on which to base have repeatedly state? that it did cost 8 cents per pound, ~nd their action? some of them have said 8t cents, for all classes of transportation, Mr. BELL. Yes; but I have never been able to see a report of including ocean service, star-route service.,mail messenger serv- that august committee. ice, regulation wagon servicej and then they added in half of the .Mr. FLEMING. The attempt was at least made. salaries of letter carriers to the cost of transportation to make l\1r. BELL. Yes; that attempt was made growing out of the the amount 8 cents. Those are facts, which the gentlemen will exposure of these supposed outrages on a hearing of one of the find upon investigation; ~nd he can not afford to be wrong. Loud bills. But growing out of the evidence taken before that Mr. BELL. I do not wish to be wrong; but I have never found committee there has been published in the public press from time any two persons having any connection with tfil:s subject who to time figures that were claimed to be taken from capable and agreed, and it seems, from what I know of the witnesses before worthy experts before that commission showing somewhat the the gentleman's committee,,there have neve?-" been found any two. condition. who agree there. But I wish to say that it bas been generally Now, I find that some of these figures, as worked out by the stated by Postmasters-General that the transportation charges ChicagoTribune-andthesefiguresandconclusionsof the Tribune were from 8 to 8!.cents per pound, and that the average haul was are said to be taken by the Tribune itself from experts before that from 432 to 446 miles. 1900. CONGRESSIONAL RECORD-HOUSE. 4573

Mr. LOUD. Now, the gentleman will let me saythataportion House that knows more about these outrages and can give us more of his statement is correct. Eight or 8t cents for transportation information than we have heretofore had upon the subject, we charges is correct, but there are a great many millions of dollars will be compelled to adopt the figures given by the Chicago Tri­ paid for transportation which is not railroad transportation. bune and other newspapers instead of the haphazard statement of Nr. BELL. I know that. some of the members on the floor of this House. l\1r. LOUD. It seemed to me the gentleman was overlooking Now, Mr. Chairman, let me read what appeared in the issue of that c1istinction. l\Iarch 10 of this year-a statement by Professor Adams, statis­ Mr. BELL. There are $4,000,000 and more paid for star-route tician of the .Michigan University. on the revenue from postal, service: passenger, and freight traffic. Here is the statement: Mr. LOUD. About $3,000,000 for star-route service. ARGUMENT FOR REDUCTION. l\fr. BELL. But I venture to say that the star routes are not Facts of grossly excessive pay to railroads for h auling the United States charging more than the railroads-probably not as much. mail: Fixed rates for haul of 200 p ounds of mail, a>erage a mile, 365 days, $!)4. i7; commutation rates for haul of 1 passenger and back, 365 days, average l\!r. L OUD. But that comes in as a part of the question of distance a mile, $2.07. transportation. Mr. BELL. I wish to say further that the history of postal Mr. LOUD. Will the gentleman allow me to interrupt him sen·ice in the United States shows that wherever you have put just there? the mails on the railroad the cost of carrying the mails has in­ Mr. BELL. Certainly. creased instead of decreasing. I have copies of a number of con­ Mr. LOUD. I only wish to say that Professor Adams never tracts entered into before the establishment of railroads-when made a statement of that character, in any manner or shape what­ you had pony service and afterwards-and generally in favor of ever, and the statement never bad any foundation of fact. pony ser vice, so far as cost goes. l\1r. BELL. Do you know if he made a statement at all in this .l\Ir. KLUTTZ. Does the gentleman think the mails of the connection? · United St ates could be carried cheaper now by pony service than Mr. LOUD. He never made a statement of that kind or a state­ they are by rail? ment similar to it. Mr. BELL. This question has been contracted in both Europe Mr. BELL. How do you know that? and this country. After the building of the railroads, England, Mr. LOUD. Well, I am a member of the commission, and I in a number of cases, took her mails off the steam cars and went know the matters that came before it. back to the pony service, showing a saving of four to ten thousand Mr. BELL. But what does the gentleman say as to the state· dollars a year by the pony service. I could show you the con tracts ments made to the Tribune reporter? This purports to have been made for cauying the mails in various parts of the State of New an accurate statement of what was presented to him. York-the actual contracts before the railroads went into service. Mr. LOUD. Of course I do not know except in a general way. Then after the mail was put upon the ca1·s, the railroad companies I am, however, quite certain that no such statement was ever in a few weeks said: '' If we carry these mails every day, you must made to the Chicago Tribune, or to any other paper, from a per­ increase the pay a little; if we make greater speed than the ordi­ son having fnll knowledge of the subject. The gentleman has nary fre1ght traffic, you must increase the pay a little for the pur­ seemingly confounded two different statements by different peo­ pose of expediting the mails." And history shows that the cha1·ges ple. Mr. Acker testified before the comm1ssion, but I am satjs­ of the railroad companies have in many cases gone as high as 300 fied that Professor Adams never made such a statement. It would per cent beyond the charges for pony service at the time the rail­ have indicated as little knowledge of the subject as might be rea­ roads were built. sonably expected in a 5-year-old boy. Mr. KLUTTZ. Does the gentleman believe that this service l\Ir. BELL. He seems, however, to be perfectly satisfied on the could be done with more expedition and with greater convenience point in question. But I will accept the gentleman's correction, to the public than at present by going back to the old system? Mr. FLEMING. In that connection, in behalf of Mr. Acker, I Mr. BELL. No, sir; I am not claiming anything of that kind. wish to say that that article was called to his attention, and he I do not want to go back to any of these obsolete systems. said that he was in no wise the author of it. [Laughter.] Mr. KLUTTZ. That is what I thought. Mr. BELL. Well, that is what I wish to say to you, gentle­ Mr. BELL. What I want is for this Government to walk up men-- and say that it will have its business transacted as individuals :Mr. FLEMING. I am only saying that in behalf of Mr. Acker, transact theirs. I want them to put into the Government service and the paper does not attribute the authorship of the article to men who represent the Government, not the railroads-men who him. will go to these railroad companies and insist that we get the same Mr. BELL. The Tribune says it got that from Professor Adams, reasonable rates of transportation that individuals get. That is of the Michigan University. all I want. That is all anybody wants. No one desires to oppress Mr. FLEMING. I do not know whether that is true or not. I the railroads. But I say, as is shown by newspaper after news­ know that Mr. Acker, before the committee, said he was not re­ paper, Republican and Democratic, this matter has become an sponsible for it. I am making this remark now in protection of open scandal. Mr. Acker. And not only that, Mr. Chairman, but while this Loud bill was Mr. BELL. I will tell you that this is not a reflection on Mr. up at a former Congress there were men going over the country Acker. solfoiting capital to encourage its adoption. In the course of that l\1r. FLEMING. I do not thirik so at all. solicitation an agent was sent in connection with the matter to Mr. BELL. Because, in my judgment, it tells the truth. the mayor of Toledo, Ohio, l\lr. Jones, who was lately a candidate Mr. FLEMING. But I simply wish to say that what Professor for governor of the State of Ohio, who stated that a subscription Adams is reported to have said Mr. Acker had nothing to do with. paper had been started, and told him that it was for the benefit of Mr. BELL. The commutation rate for the haul of one passen­ the commercial bodies to support that bill, and showed him where ger and baggage, three hundred and sixty-five days, average dis:­ numerous men in Chicago and other big cities had contributed tance 1 mile, is 2.07. from $5 to 810 each in support of this bill. Mr. Jones said, in re­ Fixed rate for haul of 300,000 pounds of mail, average distance 1 mile, 7.317. sponse to this agent who called upon him, that he would look into Annual revenues of a passenger car, $10,528; annual revenue of a mail car, the matter, and if he found it all right he or his company would $15,586. sign a petition and send their check for $10, and asked him where Mr. OLMSTED. Right there, if the gentleman will allow me he should address him, and he said, "In care of the Adams Ex­ to interrupt him, I should like to know on what railroad and in press Company, New York." what part of the country? Mr. Jones says about that time he saw an article in the Out­ Mr. BELL. He is taking the average. He is averaging up the look, a magazine, which showed it was not a bill in the interest earnings of railroads in carrying the mails and in carrying freight of the public, and he declined to make the contribution. and passengers. The CHAIRMAN. The time of the gentleman from Colorado Mr. OLMSTED. The gentleman has stated the annual revenue has expired. of a passenger car to be ten thousand and some odd dollars. Mr. BELL. I would like to be permitted to proceed, l\Ir. Chair­ Mr. BELL. Yes. man, for a few moments longer. Mr. OLMSTED. On what railroad? l\Ir. 1\IOON. I yield ten minutes more to the gentleman from Mr. BELL. Oh, the average of the United States. Colorado fMr. BELL]. :Mr. OLMSTED. From what source does he get any such in­ The CifAIRMAN. The gentleman is recognized for ten min­ formation? utes more. Mr. BELL. He would get it from the statistics of railroading. Mr. BELL. Now, ::M:r. Chairman, I will take my further time l\Ir. OLMSTED. You can not find those figures in any inter­ to comment upon the article to which I bad just called your at­ state-commerce report. t entiou. in the Chicago Tribune, a leading newspaper of the l\1r. SIBLEY. 1 should like to ask the gentleman from Col­ R epu blican party m that grea~ center of commerce. One thing, orado if be bas read the hearings before the commission? among m any others they say, 1s that the facts are all wrong; that Mr. BELL. I never was able to get the h earings. I have the figures are not correct; that the computation is false; and, sir, asked for them. I want to say that until somebody in this House cnmes before the Mr. SIBLEY. They are publiehed. 4574 OONGRESSIONAL RECORD-HOUSE. APRIL 23,

Mr. BELL. They told me not. They told me they were not "Mr. LOUD. I will yield the gentleman five minutes. published. Mr. BELL. I thank you. Mr. SIBLEY. In the hearing before the Senate committee the Mr. LOUD. The commission haye had at their command the statements of experts are given, and if the gentleman will figure man who is recognized as the best expert in this country, and it up I am sure he will find those figures are not correct. I do they are trying to get at what is accmate on this question. That not lmowwho is the authority for that statement. The chairman the Post-Office Department has misrepresented-not with intent­ of the committee [Mr. LouD] states that it is not Professor there is no doubt. Adams, and the gentleman from Georgia [Mr. FLEMING] says it Mr. BELL. Of course not. is not Mr. Acker. Mr. LOUD. They have misrepresented, and such has l;>een the l\fr. BELL. But these gentlemen do not know who gave the testimony all along the line. The gentleman will recognize it is information to the Chicago Trilmne. a very difficult question to solve in a back room of a house in a Mr. SIBLEY. But hereissworntestimonyshowinganentirely few minutes, and the less a man says upon this question until he different state of facts. knows better about it the better his own record will be hereafter, Mr. BELL. They tell me they have got every conceivable kind because it is a question, let me say to the gentleman again, that no of testimony, and they tell me that they had to go to rnilroad man in the country had any adequate conception of. The com­ men principally for their evidence. rnjssion is bringing it down so that we hope to present to Congress Mr. SIBLEY. Well, whatwoulcl be a better source of informa­ in the near future as accurate a statement in this case as possible. tion to show the cost? Mr. BELL. I am very much obliged to the gentleman. But I Mr. BELL. There is no doubt in the world that if you leave it want to say, in my judgment, it does not take a very wise man to to the railroads to say whether these charges are reasonable, as see the abuses that are going on in the Post-Office Department. Congress seems to be doing, they will say that they are very rea­ It does not take a very wise man to see, when these important sonable. Self-interest will require that. places are filled by railroad managers and by rnilroad superin­ Mr. OLMSTED. Mr. Chairman-- tendents, that there is something wrong. They can not deny that. Mr. BELL. I will say that unless I can get some more time I Mr. OLMSTED. What office is so he1d? must go on without interruption. l\Ir. LOUD. Who does the gentleman refer to? Mr. OLMSTED. In the same article it says that a 25 per cent l\Ir. BELL. I refer to the fact that when these abuses were 1·eduction in the pay of railroads last year would have saved the brought up, the examination showed that for years the Second Government $8,895,609. Assistant Postmaster-General had come from some great railroad l\fr. BELL. Yes. corporation down to the position in the Post-Office Department. l\Ir. OLMSTED. Now, the fact is, as shown by the Postmaster­ Mr. SIBLEY. So far as the present Second Assistant Postmas­ General's report. that the transportation of mails on all railroads ter-General is concerned, he has had no connection with the rail­ cost $31,621,486.12. roads. :Mr. BELL. Yes. Mr. BINGHAM. Does the gentleman refer to Mr. White, the Mr. OLMSTED. If my figuring is correct, .25 per cent of that head of the Railway Mail Service-- would be 87,905,371.53. Now, in that article, in that statement, Mr. BELL. I am speaking of the Second Assistant Postma13ter­ i·ightly or wrongly attributed to Professor Adams, there is one General. mistake of nearly a million dollars in figuring out what 25 per :Mr. BINGHAM. Mr. Shallenberger is the present Second As­ cent of the amount paid to railroads would be. If that is so, can sistant Postmaster-General, and he has never had any association we rely :upon the rest of the statement as being any more nearly with the railroads. accurate? Mr. BELL. This examination that I referred to a moment ago Mr. BELL. I shall not admit that these figures are not correct. showed that both Neilson and Low1·y Bell we1·e connected with Mr. McPHERSON. But you know that 25 per cent of thirty­ railroads. One was a manager of a New Jersey railroad, and the one million is not 88,895,000. other a superintendent of an Ohio railroad, and they went in there Mr. BELL. This is a late report here. I do not think he has from these positions, or especially Neilson. figured on that probably. And then you know $.31,000,000 is not Mr. LOUD. The gentleman is mistaken about that.· I do not all. The transportation charges on the mail amount to a great think that Lowry Bell ever had any connection with the railroads. deal more than S31,000,000. Mr. BELL. Well, Mr. Neilson stated it before the Senate com­ Mr. OLMSTED. But the transportation paid to railroad com­ mittee . panies is 8131,000,000. .Mr. LOUD. When he went out of office as Second Assistant l\Ir. BELL. That is general transportation. There are a lot Postmaster-General he took service with a railroad company; of special things in here in different places-electric cars and and I do not think for one moment that the gentleman from steamboats. etc. · Colorado is so pure and high-minded a man that he would not Mr. OLMSTED. A steamboat is not a railroad. accept service for a railroad company after he had left Congress Mr. BELL. That may include all the railroads, and probably if they would pay him enough for his services as an attorney. does. But now you will have to excuse me until I finish this Mr. BELL. Unquestionably not. statement. Mr. LOUD. I know I would take service for a railroad com­ The decline in freight ·rates since 1878 is 35 per cent; decline in pany if they would pay me 850,000 a year. passenger rates since 1878, 17-! per cent. - Mr. BELL. I do not think there should be any misunderstand­ I understand those figures come from the Interstate Commerce ing. My understanding was that he was a railroad man before Commission and that their reports show those facts. and after. Decline in mail rates since 1878, nothing; percentage of mail to Mr. LOUD. I understand not. railroad earnings in 1878, 1.879of1 per cent. Mr. BELL. You probably understood that from the answer of Mr. LOUD- I want to say this in connection with what you Mr. Neilson himself. He declined or evaded that part of the have passed: The very authority from which that comes will show question, and says "is now." the mail rates have been reduced 42t per cent, which the author Mr. LOUD. Mr. Neilson was an employee of a railroad com- of that article saw fit to leave out and say not;hing about. There pany. is no doubt about that. Mr. BELL. I said be was superintendent. Mr. BELL. The mail rates? Mi-. LOUD. Assistant superintendent. Mr. LOUD. The rate per pound is reduced 42-t per cent. Mr. BELL. Superintendent-- Mr. BELL. Where is there any autho1itative information Mr. LOUD. And he is the only man. about the subject? The Post-Office Committee, or some of its Mr. BELL (continuing). Of an Ohio railroad when he came. representatives, have attacked the figures of every Postmaster­ They asked him what Lowry Bell's position was, and he said, General since I have been in Congress and have said they were ''He is traffic manag-er of the New Jersey road.,, Do you supnose inaccurate and unreliable. They have attacked the statistics, and he would go from the Second Assistant Postmaster-General's they have shown when men come before them the experts of rail- Office into a traffic manager's office of a great railroad without 1·oad companies have overthrown it. Now, what can you believe he had an education in railroad matters? Do you suppose he then? I would like to know who we are to believe. would reach a high position like that without a railroad educa­ Mr. LOUD. The commission are trying to get complete infor­ tion? I understand that he was for twenty years in the railroad mation on the subject. business. I know Neilson was. ::Ur. BELL. There has been a great deal of wool pulling over Mr. LOUD. Oh, Neilson, yes. somebody's eyes. Mr. BROMWELL. Assuming the gentleman's statement is Mr. LOUD. There has never been a subject on which there correct, that Second As!'dstant Postmasters-General have been has been more misunderstanding. 1 think when ~ gentleman is railroad men. does not the gentleman believe that the training discussing this measure, and other men listening, when he has a railroad man would get in that capacity, other things being never investigated this question at all, he should not assume he equal, would make him a better officiai than a man who had not can solve it in a minute when the commission, after working hard had that experience? for two years, have not been able to solve it. Mr. BELL. If separated from the milroad companies, yes; but The CHAIRMAN. The time of the gentleman has expired. every indication is that they were still a part of the railroad 1900. CONGRESSIONAL RECORD-HOUSE. 4575 company, and they left their offices here and went ba

The Government pays the Erie Railroad less than one-half mil­ the gentleman that question and would like for him to answer lion dollars per annum for the transportation of the mails, and frankly and plainly. yet a statement has been made here to the effect that we are pay­ Mr. BELL. I do not know about that. If you were to dis­ ing 6 per cent on the capital stock of the road, which is $150,000,- franchise eve1·y railroad attorney and employee and sew up his 000. Now, that would be $9,000,000, and yet the Government mouth during the campaign, you might do it, but I do not think pays them only one-half million dollars for mail service. the little pass business would cut much figure. It is the influence Mr. BINGHAM. And the gentleman should remember also of a great constituency over the person representing that con­ that not one-half of the railroads are paying dividends under ex­ stituency, to which we are all more or less subject.. isting conditions. Certainly none of them are paying dividends Mr. SIBLEY. I ha1·dly think the gentleman from South Car­ un the postal receipts. olina [Mr. TALBERT] really wishes to be understood that the Mr. BELL. Does not the gentleman froni Pennsylvania think, average member of Congress would sell himself for so cheap a then, that unless we raise the price we pay the railroads for the price as a pass on a railway. transportation of the mails, we will have very many bankrupt Mr. TALBERT. I do not take any such position as that, I will roads? say to the gentleman from Pennsylvania. I only asked the ques­ Mr. SIBLEY. Oh, I hope not, Mr. Chairman. The 1·oads are tion, and leave the gentleman to such construction as he wishes managed in a successful and generally profitable business man­ to place upon it. I do not propose to go into a disquisition on the ner. I do not anticipate that they must depend upon the Gov­ subject, but really think this phase of the subject deserves some ernment for their support. notice. Mr. BELL. But I think, Mr. Chairman, that the members of Mr. BELL. Where we have a great industry or interest, it the House, when they come to the question of dealing with these will have its influence upon the Representatives who come from railroad corporations, are more easily turned away or ''thrown that part of the country. off their feet" than by the consideration of any other question. Mr. TALBERT. I want to say, if I maybe pardoned for doing Mr. SIBLEY. Well, that may be possibly true. so, that this Honse is composed of human beings; and when they l\1r. BELL. Every man here who was present in the Fifty­ and their families are carried all over this·country. and <:iven all fourth Congress, when we were trying to settle the question of around the continent, upon soft cushions, without having to pay the Pacific railroads' indebtedness, knows exactly the conditions for it, it certainly has some effect upon them when a question be­ that were then existing on both sides of the House. The commit­ tween the people and the railroad company furnishing that soft tee came in here and depreciated the value of the Government cushion comes up here in this House for consideration. I will property and insisted that the Government could never get a say that much, because they are human beings and are sub~ect to dollar out of it. It got to be the common byword here that we had these influences to a certain extent. You can not get around it. to give the whole thing up and the Government had no equities. In other words, I believe the country would be safer if this fl'ee­ That proposition passed through the House in some sort of a pass business were broken up entirely. It would at least be better form and went to the Senate. And what was the result? Now, for members to be under no obligations to railroads. Mr. Chairman, everybody knows that millions of dollars were re­ Mr. BELL. Now, I will agree with the gentleman there. ceived from the claims of the Government in that regard. And Mr. BINGHAM. How about the free seed business? we had then the unpleasant spectacle in the House of our own l\fr. BELL. I agree that if yon were to stop all the special committee standing here and undervaluing, depreciating, and favors of every kind to public men from all of these great com­ running down our own securities! And now when we come here binations of capital, you would have a great improvement in and ask a reasonable rebate of the 1·ailroads for mail facilities, your Government. we will find men in all parts of the House get up and really be­ Mr. TALBERT. The railroads expect an equivalent in soma lleve, or assume to believe, that the Government is oppressing the way for favors gracted to individuals. roads! Mr. BELL. I thank you, gentlemen, for your patience, and Mr. SIBLEY. Will the gentleman pardon me at that point? am son-y that I have consumed so much time. [Applause.] Mr. BELL. Certainly. Mr. LOUD. Mr. Chairman, I yield thirty minutes to the gentle­ Mr. SIBLEY. I understood the gentleman to say that the com­ man from Ohio rl\Ir. BRO:MWELLl. panies-the railroad companies-are tryiJ'.!g to pay about 3 per The CHAIR.MAN. The gentleman from Ohio [Mr. BROM­ cent-or that, in fact, they are enabled to pay 3 per cent-out of WELL] is recognized for thirty minutes. the mail receipts? Mr. BROMWELL. Mr. Chairman, there are in this bill sev­ Mr. BELL. No; I did not say that. I said that certain statis­ eral provisions with which I am not in accord, although I did not ticians have demonstrated the fact that in certain parts of the join in the report of the minority. There are two provisions par­ United States the railroads got enough from those parts of the ticularly which open up an almost limitless expenditure of money road to pay 3 per cent on the actual cost of construction. in the future. One of these is the prnvision for rural frel\ deliv­ Mr. SIBLEY. Now, let me state to the gentleman that there ery, the other is the expenditure for the pneumatic-tube service. are 7,100 miles of railroad in the New England States alone, cost­ Now, in view of the action of this House in the last session, I ing an average of $60,000 a mile. That involves a total cost of presume it is useless to attempt to prevent the expenditure of the about $425,000,000, and at 5 per cent the proceeds would amount amount of money proposed in this bill for rural free delivery. We to $21,000,000. The aggregate pay of these roads from the postal came into the House last year with a bill appropriating $150,000 service is but $1,679,000. It would, therefore, appear that the for experimental rural free delivery. The f.[ouse doubled the ~entleman has made a mistake in his calculation when he asserts amount and made it $300!000. The committee this year report that these roads receive an exorbitant amount from the Govern­ $1,750,000, or more than five and a half times as much as it carried ment. in the bill for the present year. Mr. SHEPPARD. Will you allow me to ask a question in that I know that at least that $1,750,000 will go through this Honse. connection? • I sh~ll be very agreeably surprised if an effort is not made and Mr. BELL. Certainly. successfully made to double that amount or even triple it in this Mr. SHEPPARD. Do you know what these roads are capital­ bill. I know how the members of this House feel in regard to ized at for taxation purposes? this rural free delivery. They feel as they do in regard to the dis­ Mr. SIBLEY. I am not familiar with that proposition. tribution of seed and in regard to the distribution of maps and Mr. TALBERT. The gentleman said that there were more documents-that it is a good thing with which to make themselves gentlemen " thrown off their feet" by these railroad questions, solid with their constituents. And every member of us, with the when we come to consider them, than by any others that we exception of a few who represent strictly city districts, has a rural have to deal with in the House. 1 would like to ask him a ques­ community or more in his district to whom he proposes to give tion in that connection. rural free delivery if the amount can be increased in this bill suf­ Mr. BELL. I give as a reason the influence that great, power­ ficiently to warrant the authorities in putting it there. ful constituents have upon ordinary human beings. I take it I want to say that part of my district is a country district, and that- yet I have not made application to the Post-Office authorities for Mr. TALBERT. Does not the gentleman think-- the establishment of a rural free-delivery route in that district. 1\Ir. BELL. I take it that the Pennsylvania Railroad pretty I believe that rural free delivery should be kept in the experimental nearly dominates the politics of Pennsylvania, and that the Bur­ stage until it has got far beyond the point at which it now is. The lington pretty nearly dominates the politics of the region through Post-Office authorities, even the most enthusiastic supporters of which it goes. rural free delivery-and I refer particularly to the First Assistant Mr. TALBERT. I should like to ask the gentleman if he does Postmaster-General-do not concede that the amount of money not think that the bill introduced here some time ago by my col­ saved from the discontinuance of star routes and fourth-class lea~ue from South Carolina [Mr. STOKESj to prevent any member offices will in any manner equal or offset the additional expendi­ of Congress from accepting a free pass for himself or any of his ture which grows out of this rural free delivery. family, if it should pass this House-that the railroads would not Mr. GAINES. Will my friend yield? have quite such a big swing here as they have now? I just ask Mr. BROMWELL. In a moment. It is not anticipated that 1900. .· OONGRESSIONAL RECORD-~HOUSEo '4577

it will in the near future, if ever, compensate for the additional mail, and that there will som"e time in the -future be a return for exl)ense. Now I will yield to the gentleman from Tennessee. it which will make it a profitable investment of the Gove;·nment's Mr. GAINES. I was down at .foe rural free delivery depart­ money. Complaints have been made of this bill by the postal ment this morning, and the officer in charge showed me a manu­ clerks, the carriers, and the railway mail clerks that we have not script report, which will be published to-morrow, showing that in made a provision for the reclassification of those branches of the Carroll County-I don't know where, but somewhere in the United service. States- I want to say that whatever provision has been made for in­ Mr. BROMWELL. In Maryland. crease of salaries in this bill has been made simply in accordance .Mr. GAINES. That it had increased the mail-service delivery with the existing law. It would have been impossible to havo decidedly, and had saved 23 per cent to the Government. It in­ put into this bill the classification bills that have been proposed creased it, and did it at a saving of 23 per cent. without a point of order being made that it was new legislation Mr. BROMWELL. That may be true in a particular county, upon an appropriation bill. Personally, I want to say, that I am in a particular State; but when you come to go over all the United in favor of a fair classification in all these branches of the service; States, into the sparsely settled seqtions of the country where this and I hope the time will come, possibly at this session. surely at rural free delivery.is dema:nded, you will find that these figures the next session, when the subject of reclassification of these dif­ that may apply to a particular county in a particular State, ferent classes of clerks shall be taken up and agreed upon by the where there have been a number of post-offices discontinued, and House. a number of star routes also discontinued, that the apparent sav­ But, gentlemen, there is one subject to whicP, I wish particu­ ing there will not be carried out in other parts of the country. larly to call your att~ntion to-day, and I do it rather than wait for Mr. GAINES. The Department bas informed me where they the limited time I shall have under. the five-minute rule, and that put in the free-delivery service if it is not self-sustaining it is is what was alluded to by the gentleman from Colorado [Mr. discontinued. BELL], the subsidy for fast mail faciHties. Mr. BROMWELL. Now, the gentleman from Tennessee knows Ever since I have been a member of this House I llave ra~scd this: He knows the influence an ordinary member of Congress my voice and cast my vote against this iniquity. Many of you has upon the Post-Office Department. They want to accommo­ who have served for a number of years are familiar with the date you and they want to oblige me, and it will be a rare thing subject. I can give you verylittlenewlightupon it: the situation for the Post-Offi£e Department, over my protest or yours, to dis­ is the same to-day as it was eight or ten years ago. The arguments continue rural free delivery where it has once been started, and that will be advanced to-morrow in the debate npon this provision ·the gentleman knows that wherever the rural free delivery is once of the bill will be the same arguments that have been presented started they will ask greater expenditures rather than have it dis­ before. _We have at different times succeeded in defeating this continued. appropriation in the House, and at other times we have been Mr. GAINES. Would not they have the right to discontinue beaten. There are two of what are called special fast-mail subsi­ it wherever the revenues were not sufficient, the same as they do dies. One of these is of a number of years' standing. It was with free delivery in the cities, because it does not pay? put upon the appropriation bill at a time before I became a mem­ Mr. BROMWELL. That is a very different thing. ber. Some years ago there were a number of subsidies given to a Mr. GAINES. They will exercise the same rights in this case. number of roads in addition to the regular mail pay, for the pur­ Mr. BROMWELL. Does not the gentleman know that last year pose of getting them to put on faster trains, and to run according or the year before last a proposition was made to curtail the car­ to batter schedules and make better connections. rier service because the expenditure of the money was going to These subsidies were all, one after the other, withdrawn, with use up the amount appropriated for that purpose before the end the exception of one, which was retained forthe purpose of getting of the year, and it was proposed to reduce the number of carriers, the mails from Worcester or Springfield, Mass., down to Tampa, and every member on this floor that represented a district where Fla., and for the purpose of expediting the mails to the West there were carriers made such a protest that the Department with­ Indies. After that subsidy had been granted and nsed by the drew its proposition and decided to run the full carrier force rai~roads for a number of years, it was switched over to a differ­ until the money was expended, and then came in here and asked ent line of roads, changed from a subsidy to Tampa and the West for enough money to carry it on to the end of the year, and the Indies to one which would carry the mail to New Orleans, and in House and the Senate passed a bill giving them the money for that that form it has remained on the appropriation bill ever since. purpose? Originally the amount was $195,000, given, remember, in addition Mr. GAINES. I do not remember that particular instance. to the regular mail pay, such as every other railroad company in Mr. BROMWELL. It took place just the same. It is a useless the United States gets for carrying the mail. thing for anyone in this House to attempt to oppose this expendi­ Mr. TALBERT. Does not the gentleman recollect that in the ture for rural free delivery, and I shall not waste my time and my last Congress when that question was up there was a statement breath in any such effort; but I do wish to call attention to the read from the then Postmaster-General, who sent a message to fact when you are entering upon this rural free delivery, if it in­ Congress, saying that be could get just as good mail facilities creases in cost to the Government for in next ten years as it without the appropriation as he could with it? has in the past three, it is not only going to make a deficit of four Mr. BROMWELL. I not only have that statement, but others to six million dollars in the postal revenues, but will make it from in the hearings before the Postal Commission in regard to it. forty to sixty or a hundred millions before you get through with it. Mr. TALBERT. And that he said it was wholly .unnecessary Another expenditure which may grow to an indefinite extent is and a waste of money, because he could get just as good facilities this pneumatic-tube service. I believe with the chairman of the without it. committee, that the pneumatic-tube service ought to have been Mr. MADDOX. Will the gentleman allow me? originally, and ought perhaps to-day, to be put on the same foot­ Mr. BROl\IWELL. I have only fifteen minutes. ing as that service of the postal department which expedites the Mr. MADDOX. It is right on that line that the gentleman is mail delivery by spedal-delivery stamps. I believe that every speaking of. piece of mail put into the pneumatic tube ought to have a special­ Mr. BROMWELL. And this is right :tlong on the line that I delivery stamp, and then it might pay its way, but when the en­ want to talk about. Perhaps in what I am going to say I shall tire mail, first-class, and, where possible second-class, are sent answer the gentleman·s question. Every Postmaster-General through the tubes the work that it will do to expedite the mail from that time down to this has refused to recommend, or to in­ will be slight and not at all commensurate with its cost. clude in his estimate, the amount of this subsidy. In one or two Now, I know how some of these things are going to turn out. instances they have come out clearly and emphatically against Those who are interested in rural delivery are going to enter into its allowance: They have said to us that they could get just as · a combination, tacitly, it may be, ori the floor in thiB House, to good service with their trains and run on just as fast time; that prevent the defeat of either one of these propositions. They are the mail would be delivered just as promptly and quickly with­ going to combine with those who are interested in the pneumatic­ out the subsidy as with it; and they have also said, as a matter of tube service. They will say to those who live in the cit1es where justice to the other raill'oads all over the country who are render­ the pneumatic-tube service is in existence, we will stand with you ing better service and were running faster trains and who are for your pneumatic-tube service if yon will stay with us for our only being paid the regular mail rate, that it was unfair and un­ rural free delivery. They will say they are doing that because it just to them that this special line of roads should. be given this expedites the mail. The hearings before the Post-Office Commit­ special subsidy. tee show that the expedition of the mails by the pneumatic-tube Some two or three years ago there was $25,000 of the original service is very slight. Jl,ortunately the appropriation for the pneu­ subs1dy not being used. The gentleman from the Kansas City matic service this year is still a small amount, and the subject is district in this Honse introduced an amendment to the bill, which still within the control of Congress. · was ruled out on a point of order, but was afterwards reinserted Personally I am opposed to any extension of the pneumatic-tube in the Senate and passed by the House, appropriating the unex­ service beyond what has already gone on until some showing is pended $25,000 for a new subsidy from KansM City t0 Newton, made that there is a valuable a~celerntion in the delivery o~ the Kans. XXXIII-287 4578 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

Mr. COWHERD. Will thegentlemanallowme? The bill pro­ the Pennsylvania for Indianapolis and the East, and the Wabash fo1' Toledo and the East. The Baltimore and Ohio Southwestern also runs a train out vided that the $25,000 should be used atthe discretion of the Post­ of Cincinnati about the same hou1·. The Cincinnati, Hamilton and Dayton master-General to expedite the mails. also has a train out of Cincinnati at about 3 a. m. The Michigan Central runs Mr. BRO.liWELL. I want to say to the gentleman that I was a train out of Detroit about the same hour; so does the Flint and Pere a member of the Bouse and on the committee, and this was urged Marquette. From this it can be seen that the railroad companies can be induced to run upon the committee by Mr. Miller, who represented that district trains at an hour not calculated to draw passen~ertraffi.c, but mainly for the at that time, for the purpose of getting it for his district, and it interest of the mails. All of these early morrung trains have beeu secured was backed by the gentleman from Mhsouri, Mr. Dockery, who without special-facilities payment. In 1893 the Department discontinued the special-facilities approprintionf6r was interested in it, and it was on the strength and influence of the Atlantic Con.st Line from New York, byway of Wru.hin&"ton, Wilmington these two gentlemen that the matter went through. CharlPston, and 8avannah, to Jacksonville, but Congress, without any recom~ Mr. COWHERD. I wanted to say that the bill did not provide ~endation from the Department, made an appropriatinn for im~roved facil- 1t1es between New York and New Orleans by way of Philadelph1a, Wa.o;hing­ what line it should be applied to; but I admit that this was the ton, Charlotte, Montgomery, and Mobile. There is no question but that the best place to use it. service was improved between New York and New Orleans, but whether the Mr. BROMWELL. No doubt the gentleman thinks so because improvements could not have been secured without the payment of special­ facilitiesmoney is an open ques~ion. We can only judge by what has been he represents that same district to-day. · accomplished in other directions. Now, Mr. Chairman, during the few minutes left me I want to In 189~ the Department ~cured a SJ;>e<:ial fast ~ail on the St. Louis, Iron call attention to some extracts from the hearings before the postal Moun.tam and Southern Rail!oad, leavin~ St. ~oms at 3 a. m. and running on fast time to Texarkana\ making connection WI th the Texas and Pacific. and commiEsion. thus reaching nearly ail of the central points in Texas. At that time the Mr. .MADDOX. Will it interrupt the gentleman if I ask him a company was running two through trains daily, ono leaving St. Louis at 10 question? a. m. and arrivingatTexarkanaat8.15 a. m. the next day, the other leaving St. Louis at 8.15 p. m . and reaching Texarkana at 1.211 p. m. the next day. The Mr. BROMWELL. I yield. new fast-mail train left St. Louis at 3.05 a. m. &.nd arrived at Texarkana at Mr. .l\IADDOX. I have heard this bill discussed berea number 9.30 I?.· m. and was clearly additional service. The speed of this tr.!l.in is about of times, and especially this provision for special mail facilities. 30 miles an horn', including stops. In 1890 the Illinois Central, at the solicitation of the Department, put on a It has been stated here time and again, just as the gentleman has train out of Chicago l c> aving at 3 p. m. and running through to New Orleans. stated to-ice then operating and was secured solely appropriation made, and recommend that it be not made. This on account of the additional business which would accrue from the impro>ed bill provides, as has been provided for a number of years past, facilities. This train makes a speed of 36 miles au hour, including stops, from Chicago to Uairo, and 30 miles an hour, including stops, from Cairo to New that this appropriation for special mail facilities shall be spent in Orleans. · the discretion of the Postmaster-General. Now, if he is opposed As an evidence that special-facilities money is not necessary to enable rail­ to this expenditure, why does he allow it to be made? roads in the South to operate fast trains, I would cite the fa<'t that the Louis­ ville and Nashville Railroad maintains· two through trains daily between Mr. BROM WELL. Let me answer the ~entleman. I expected Cincinnati aud New Orleans in addition to trains for local service. These to reach that point in the course of my remarks, and would have through trains make a speed of 33 and 28 miles, respectively, including stops. done so without the gentleman's question. But since he has put The Queen and Crescent system, which competes with the Louisville and Nashville between Cincinnati and New Orleans, also runs two trains daily the question to me, I want to read to him the question put by Mr. between Cincinnati and New Orleans, which are run at a speed of 81 and~ MOODY, a member of the Postal Commission, to the Assistant miles an hour, respe<'tively, including stops. Postmaster-General. The question sounds very much like the The Florida. Central and Peninsular, which competes with theAtlanticCoast Line for Florida business, runs two through trains a day to Columbia and one the gentleman from Georgia [Mr. MADDOX] has just put to Jacksonville. The Atlantic Coast Line has not reduced its train service in me. Let me read it. consequence of the withdrawal of the special-facilities payment, but still Isn't the matter discretionary with the Department, even after Congr~ss maintains two through trains daily,in connection with the Pennsylvania and makes the appropriation? other lines interested, between New York and Jacksonville, and durmg the heavy business in the winter time puts on a special fast train in addition. That is the question, I believe, which the gentleman from Geor­ The Postmaster-General was th.en asked: gia put to me. Here is the answer of the Assistant Postmaster­ Is not the tendency where we give subsidies to one line for the others to General: ask or expect the same kind of payment? Well, the Department wonJd have the power to withhold it; but having A. The tendency 1s to produce a discontent and dissatisfaction1 if not hesi­ recommended to Congrdss the advisability of withholding it, the Department tancy, on the part of other roads in giving us similar service without a spe· is bound to assume that Congress desires the appropriation to be expended cial appropriation. I wm say that that has not interfered to prevent our so long as it is made. . increasing special mail facilities from East to West. We have been able, as this table indicates. in almost every instance to secure an early morning That is the theory on which the Post-Office Department has train leading out of the great cities. perhaps because it is easier for us to acted year after year. When the Department says to us, "We Recure what we wish over roads that carry an immense volume of other traf­ fic. Therefore we should find it difficult to secure through the Southern sec­ do not want this appropriation; it does not dons any good; we tion of the country as great speed perhap.<> as we are securing in the North; can get good service without it; it is a gratuity which we are giving for instance, to .Atlanta. and betwe1:m Atlanta and New Orleans. But as I to this railroad." When they come here and tell us that. and yet ha>e said in my testimony before, looking the country over, and knowing the dissatfafactlon it creates, we are prepared to say that we think we can every year we appropriate 8171,000 to be expended in behalf of secure in general better service without the special-facilities appropriation. this system of railroads, what can the Department do but assume that we are givmg them an instruction to spend this $171,000? One of the claims, I may interject rjghthere, is that they start Although the provision in this bill makes it discretionary with their through train out of New York at an hour when they can the Fostmaster-General whether the expenditure shall be made. not hope to have any passenger traffic, and therefore that they that is the theory on which the Post-Office Department has always make a concession to the postal service in this connection. But spent the money that we appropriated. you will notice, Mr. Chairman, in this table to which I refer that When the Second Assistant Postmaster-General was before the all of these trains referred to by Mr. Grant start about 3 o'clock postal commission, referring to the subject of the fast-mail sub­ in the morning, when they could not hope or would not expect to sidy from Kansas City to Newton, Kans., this question was asked: have heavy passenger traffic. This testimony goes on to state what has been done in reference Q. Do you believe that the Governmentreceivedgreater returns from the expenditure of the money upon this road than it would receive had it been to other roads. or on other roads where subsidies were granted, and devoted to any other road in the United States? shows that whether the subsidies were granted or otherwise the A. I do not believe that it receives any greater returns from expenditures service was pretty good. In other words, that there was no ad­ on this road than it would on any other road in the country. Q. Do you believe that it receives as great advantages as it would have re­ vantage gained by the granting of the subsidy. And the state­ ceived from some others? ment is made in the hearings here that the service would have A. I am not prepared at this moment positively to say so, but my impres­ been probably as good as it is to-day without the subsidy. In sion is that there are roads in the country over which greater returns would have been received. other words, that we not only pay the regular rate for the carry­ Q. A greater amount of mail could have been expedited, and mail could ing of the mails, but make an unnecessary appropriation for giv­ have been expedited to a greater extent then it is upon this i·oad? ing these roads $171,000 in addition. That is the sum and sub­ A. Yes. stance of it and that is the point I am making now. Then he quotes from a report made to him by Alexander Grant, Now, Mr. Chairman, the question was asked dm·ing the hear­ acting superintendent of the Railway Mail Service. which was ings as to whether these roads might not take the fast trains off prepared at his request upon this subject. This is the rep.ort: if the subsidy were withdrawn. Gentlemen, when we hear on the There seems to be no justification for the special-facilities payme'rlt, judg­ floor of the House members from the Southern States tell mg us of ing from result.q obtained. If we treated all lines on this basis, then we the prosperity of that region-a prosperity that has struck that should pay the Northwestern Railroad for running an early morning train portion of the country during recent years. and in whwh we all from Chicago at 3.45 a. m. to Fort Howard, Wis.; also for Cedar Rapids from Chicago. We should also pay the Chicago, Milwaukee, and St. Paul Railroad rejoice, and in which no man rejoices more than myself-when for a train leaving Chicago at the same hour and running to Marion and the we hear our friends from the South telling of the prosperity of West; also the 8allle road for a train from Chicago to Milwaukee and St. that region, the manufacturing establishments that are starting Paul; the Chicago, Burlin~on and Quincy for a train leaving Chicago at 3 a. m. and running to Burlington and Omaha; the Monon Route for a train and in existence, we do not find that these are dependent upon the leaving Chicago in the early morning for Cincinnati. ThE' lllinois Central subsidies granted to the different roads, and we can not feel that also has a train leaving Chicago about the same hour. as has also the Pitts­ a line of railroad running from New York to Philadelphia and burg, Fort Wayne and Chicago and the Lake Shore and Michigan Southern. '.rhe Missouri Pacific runs a train out of St. Louis at 3 o'clock in the morn· Washington and down the coast to the extreme South and along ing; so doe.s the Iron Mountain; a.lso the Baltimore and Ohio Southwest.ern; the Gulf coast needs a subsidy, which at one time might have ' 1900. CONGRESSIONAL RECORD-HOUSE. '4579 been necessary, but which, in view of the prosperity of the South­ in my country we are getting $16 for hemlock lumber. A few ern region. is no longer needed to keep the road in operation. years ago we could not sell it for $6. In Alabama p1g iron now Mr. KLEBERG. Will the gentleman permit me to ask him a commands $20 a ton; and a few years ago your yards were stacked question? full of it, unsalable at $7 a ton. We are now exporting those Mr. BROMWELL. Yes. products. Mr. KLEBERG. Is it not a fact, though, that just about as In Pennsylvania, Ohio, Vfrginia, West Virginia we are mining many memb~:s from the South voted against th~ subsidy as voted coal for export to almost every country of Europe. The men who for it? are digging that coal receive therefor a greater sum per ton than Mr. BROMWELL. I am not criticising those who voted for it, the owner of the mine received for the ton of coal two or three nor those who voted against. it. I am merely trying to show you years ago. Those acquainted wit.h the situation inform me that that whatever might have been necessary when thifl subsidy was co:ll to-day is commanding 21 shillings on the docks at Havre, originally granted, it is no longer necessary to keep this subsidy France, a raise in pr.ce of 10 shillings per ton in the last three upon our appropriation bill, because these railroads are prosper­ years. ous and are making money out of their legitimate mail rates, out Germany, France, Italy, Spain, and even Great Britain will yet of their freight rates, out of thefr express business, and out of be consumers of American coal. James J. Hill, the president-of their passenger traffic. the Great Northern Railroad, in an interview published only a Mr. KLEBERG. I agree with the gentleman entirely, and few weeks since, stated that he was building two steamers for the think it is a totally unnecei:;sary appropriation, but I thought the oriental trade, either one of which would be more than double criticism of the Southern members was unjust. the capacity of the greatest vesi::els on the .Atlantic Oce1n, and Mr. BROMWELL. I was not criticising the Southern mem­ that the demand for American wheat and American cotton in the bers. I was merely saying that when the members from the Orient at the present was limited alone by the cargo capacity on South made statements as to the prosperity of the country that the Pacific Ocean. we all rejoiced in it, and that it was an argument to us that tbese China is having railroads extendf'd through her length and subsidies were no longer necessary. Now, I am glad to be able breadth, where our trade has never permeated more than 10 miles to say that a number of Southern members-three of them on the inside the fringe of the seaboard ports, and now 4,')Q,000,00J people, Post:Ofiice Committ , e, who jomed in the minority report in oppo­ with their multiplied wants, are demandtng our products. sition to the subsidy-have repeatedly voted against this in­ With cargo capacity ample and with the extension of these rail­ iquity, as I hope they will now do when this bill comes up for way linr.:s it is estimated that China a!one will consume every final vote. bushel of our surplus product of wheat at an advance of over 60 Mr. GAINES. That is a subsidy to what railroad? per cent of the present price, and then feed her teeming millions Mr. BROMWELL. A subSldy to a system of railioads made with the cheapest and most nutritious food possible for the sus­ np of the Pennsylvania, the Philadelphia and Wilmington, the tenance of human life: Southern Railroad, the Alabama and West Point Railroad, and Corn has advanced from 29 cents to about 40 cents a bn~hel, and the Louisville and Nashville Railroad, all forming a system of the demand from Europe has steadily increased. The farmer has connecting roads, starting at New York and ending at New Or­ been in the valley of humiliation for twenty-five years, but be is leans. which divide up this subsidy among themselves. now about to assume h1s proper place as the king among men; and The CHAIRMAN. The timB of the gentleman bas expired. the value m farm lands and farm products consequent upon the Mr. BROMWELL. Mr. Chairman, there are a few additional great increase in the world's product of gold and the demand from notes that I should like to insert in the RECORD. I must return the Orient through the opening np of those markets will afford this book of hearings. because, as the chairman says, it has a the American farmer that reward for his efforts whieh has been chain to it, but I w11l, with the consent of the House, add these so scanty and inadequate in the past as to drive him to the verge other notes to my remarks as printed in the RECORD. of bankruptcy and ruin. The CHAIR.MAN. The gentleman from Ohio asks unanimous I do not believe this is an age when anyone can set himself in consent to extend his remarks in the RECORD. Is there objection? front of the wheels ot progress and leave anything but a great There was no objection. hig grease spot as the result of his efforts. Any measure which. The CHAIRllAN. The gentleman from Tennessee [Mr. MooN] makes it easier for us to transact business with a. foreign country­ has twenty minutes remaining, and the gentleman from California whether it be the pneumatic tube or the fast mail or the rural [Mr. LooD l has twenty-four minutes remaining. delivery-I am going to support so long as I am a member of this Mr. MOON. I yield fifteen minutes to my colleague [Mr. body. GAINES]. The subsidy for fast mails to the South bas been attacked here. The CHAIRMAN. The gentleman from Tennessee [Mr. The bearings before the Post-Office Committee showed that it re­ GAINES] is recognized for fifteen minutes. duced the tlme of deUvery of the mails to the merchants of New Orleans fifteen hours and a corresponding .reduction to all points (Mr. GAINES addressed the committee. See Appendix.] en route. Nr. LOUD. Mr. Chairman, I yield fifteen minutes to the gen­ The Seaboard Air Line had that subsidy and refused longer to tleman from Pennsylvania [Mr. SIBLEY]. carry the mail for that price and asked to be relieved of it. Under Mr. SlBLEY. 1\lr. Chairman. I believe the subject under dis­ pressure the Southern Railroad system took that service and gave cussion at this late hour is the Post-Office appropriation bill. I to the people of Texas and South Carolina, with their cotton fac­ have no extended remarks to make in support of the action of the tories and other industries just developjng, the opportunity to committee in reporting this bill. compete with the people of New England. A day means more Mr. TALBERT. The gentleman will allow me to ask whether now in the transaction of business than a month did fifty years he means to confine himself to the subject. ago. The pneumatic-tube 1:mrvice has been attacked. Mr. SIBLE {. I will attempt to do so as closely as possible. Mr. BROMWELL. Before the gentleman starts on the pneu­ At least I will do so as closely as some gentlemen who have occu­ matic-tube service. may I ask him a question? pied the time here to-day. Mr. SIBLEY. Go ahead, sir. Mr. Chairman, as I was saying, we have under consideration Mr. BROMWELL. You say the subsidy to the Southern line th~ Post-Office appropriation bill. I believe that every member of has expedited the mails fifteen hours? the Post-Office Committee has worked earnestly, diligently, and. I Mr. SIBLEY. Yes. believe it is fair to say, intelligently in the preparation of the . Mr. BROM WELL. I do not agree that that is correct; but mea~ure and the report accompanying it. assuming that that is true, you are making a comparison of the 1 trust m}' friend from South Carolina fMr. TALBERT] will not speed a.t which trains now run with the speed at which they ran think that I am wandering from the topic'legitimately under con­ a number of years ago, when this subsidy was first granted, I sideration if I call the attention of the few members of the House presume. Now, I want to ask this question: Suppose that this who are at th;s moment 1,resent to thA fact that I believe we are sut,sidy was taken away from this fast mail line, so called, does engaged in the commercial conquest of the world with the produets the gentleman mean to say to this House that it would take fifteen of our American genius and our American industry; and there­ hours longer, under present conditions and in the present day, to fore every provision in this bill which works for that purpose get the mail from New Y~rk to New Orleans than it now does commands my cordial assent. Anything which expedites com­ with this subsidy granted to this road? munication, anythfog which gives thought. intelligent thought, Mr. SlBLE Y. I mean to say absolutely yes. and the gentleman wider scope, whether it be free rural delivery, pneumatic-tube from Virginia [Mr. SWANSON) showed it to you before the com· service, or the expedition of the mails on our railway lines, com­ mittes when you objected to this, and proved it by the time table. mands my cordial support. That fast mail train makes but two stops in going the whole We are in an era to-day when from the South we are getting length of the State of Virginia. It leaves New Y 01·k at 4 o'c ock 9-cent cotton. And while within the last few minutes I have in the morning, when people will not get up to take the train to heard something about the "suffering people," I think the peo­ the South. Its primary object is to carry the fast mail, and there ple who are ~etting 9 cents instead of 4 cents a pound for their is not a city south of this capital that is not benefited, nor a com­ cotton are not "suffering" as they were at the 4-cent price. Up mercial community, nor a manufacturer, and I do not believe a 4580 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

cotton grower, that does not receive his commensurate proportion where there are 7G railway mail routes, 52 carry less than 1,000 of benefit. · pounds of mail per day, covering 4.87 mi:es. These roads cost Mr. BROMWELL. Are there not other roads in this country $29,000,000, based on the cost. stated by these gentlemen, of 860,000 that run their trains long distances without stopping and which a mile. On the figures given by these gentlemen the total mail do not get any subsidy? . compensation should amount to $1,460,000. The total amount Mr. SIBLEY. Very true; but they do not run through such a received by thesQ railroads is exactly $35,000, instead of $1,460,000. sparsely settled countq as these trains do. Now, I have no selfish I sent down to the Post·Office Committee and had brought up interest in the people of the South. My friend from Virginia LMr. here something that illustrates the position of some of our friends. SwANSON] will speak upon this subject, and he is able to answer Here is a picture which shows the mail carrier of one hundred your questions, and I want you to ask him, because I greatly en­ years ago, traveling on horseback over a corduroy road, and here joyed his answers that he made to you before the committee. He below is a picture of a gi·eat fast mail train. Any man who likes is better posted than I am on that. the old style may go back to it if he will, as far I am concerned. Mr. BROMWELL. I will ask him. There are gentlemen here who will argue that the corduroy and Mr. SIBLEY. I just referred to that incidentally as one of the the man on horseback furnish the truer way to do busine~s. And things I am in favor of, because it is giving enlarged opportunity Democrats on the floor of this House will oppose this bill, and I to the people of the South and Southwest. do not know but what Republicans are going to do the same thing. I do not live in one of the great cities where the pneumatic-tube Gentlemen, it will not do. Any man who wants the corduroy service will benefit me directly, but I am doing business with road ought to have it, if that is fast enough for him; but I tell you every State and Territory in this Union. I am doing business you do not find this fast mail train, equipped as it is to-day and with practically every country in South America, and some running from 53 to 80 miles an hour, any too fast for the people abroad, and if I send a letter to-day to New York, it makes a dif­ who are doing the business of the country at the present moment. ference whether it reaches a steamer that goes out Wednesday Mr. KLEBERG. Who got up that picture, the railroad com­ or has to lie in New York until next Saturday. pany or the Post-Office Department? In the hearings before the Postal Committee the postmasters of Mr. SIBLEY. I suppose the railroad company got it up; but New York, Boston, and Philadelphia, where this service is estab­ that does not make any difference. If you prefer thls way, you lished, state that it made a difference of hours in the delivery of may advocate it. I want the other, because I want to give the letters. The process is continuous. As the mail comes into the people the benefit of the best possible service. station it goes through these tubes to the post-office in seven min­ Mr. WILLIAMS of Mississippi. Does the gentleman think utes. while to go from Forty-second street down to the post-office that if we do not make appropriations for pneumatic-tube service in New York City, in the congested condition of the traffic there, we will do away with the railroads? requires anywhere from an hour to an hour and a half. The mail Mr. BROMWELL. Or does th~ gentleman contend that if we goes there ready to go to the carrier and he takes it out, and the do not give $170,000 in the way of a special subsidy to the South­ man gets his morning mail in time for the day's business. ern Railway system that they are going to take off that beautiful The eame thing is true as to outgoing mail. There is no ac­ fast train of theirs? cumulation. The mail goes continuously through that tube, and a Mr. SIBLEY. I beli6ve, sir, that you can not make a reduction man can post a letter seven minutes before the time of departure of 25 per cent of the compensation of the railroads for transport­ of a train and have the letter reach its destination promptly, ing the mail without getting a less percentage of efficiency. I do whether it bein Texas or Chicago. It was shown by the testimony not believe that you can go to California in a Pullman car as of the postmaster of Chicago that they have at the stock yards a cheap as yon can in a tom·ist car. business of tremendous magnitude, which now can only reach the You can go there without paying anything and have a bunk all post-office in from an hour and one-half to two hours. It would the way, or you ride in the palace car at $5 a day; and if you take make the journey in seven or eight minutes by pneumatic tube. away the compensation to railroads, while by law you may force The proposition was made by the Pneumatic Tube Company to them to accept a lesser sum, possibly, if you do, you have no law put that service complete into 27 of the largest cities of this that will compel them to run their trains at50 or SO miles an hour, ·Union for 82,500,000, including the cost now paid for wagon as they do on some of the roads at the present time. service by the Government of the United States, amounting to Mr. BROMWELL. Will the gentleman yield tome for another $900,000. I believe the smallest city that was embraced in the question? proposition was Atlanta, Ga. Under that service the subRtations Mr. SIBLEY. Certainly. of every great city would have the pneumatic tubes, and instead Mr. BROMWELL. Is it not a fact that there are roads, a num­ of sending the mall by street car or wagon the mail would be ex­ ber of roads, all over this country, that are not getting extra pay pedited from one to four hours, according to the number of de­ in the way of subsidy pay that run faster trains, and are expe­ liveries made. Therefore 1 am in favor of it. diting the mails more than on this Southern system? If we want to control the markets of the world we must be ab1e Mr. SIBLEY. Possibly that is true; and if so, it is not any ar­ to communicate with them as cheaply and as quickly as anybody gument. The gentleman knows it is no argument. The condi­ else. You may go into the gi:eat office buildings of the city of tions are varied. Trains run from New York to Chicago and New York and see what private enterprise does with the pneu­ from Chicago to New York any hour of the twenty-four that you matic tube. A man can not wait to send a messenger up the please and get passengers, but when you run through the South elevator, but there are pneumatic tubes to every office, and the you have got only two trains daily. If it was profitable, why did man claps his message or his document into the tube and it is the Seaboard Air Line refuse to continue the contract longer? can-ied to the thirteenth or fifteenth or seventeenth story of that Mr. WILLIAMS of Mississippi. Does the gentleman deny that commercial establishment. Men are moving a little bit faster there are lines of railroads running tru:ough the South. tllrough to-day than they moved a hundred years ago. sections of country that are as sparsely settled as this, that carry Mr. LOUD. Why do you not exhibit that picture? trains just as rapidly as the train that is under consideration? l\Ir. SIBLEY. I just want to speak of one point that was Take the Illinois Central, a road running from Chicago down to brought out here in the sworn testimony taken before the Senate New Orleans. When it strikes the South it runs through a country committee about the matter of railway compensation. It has of about the same density of population. Does it not run trains been said in this House that the amount paid by the Government just as fast as this systtm that is subsidized? to the Erie Railroad for transportation of mails has been sufficient Mr. BROM WELL. Take the Cincinnati Southern, that runs to pay a dividend of 6 per cent per annum upon all the stock of from Cincinnati to New Orleans. But even supposing you say that road. The stock of that road is 5150,000,000. Six per cent that this is in a sparsely settled country, why should we subsidize per annum would be $9,000,000, while the highest sum ever paid these trains from New York down to Washington? Yetwesubsi­ by the United States Government to the Erie Railroad has been dize the train that runs between New York City and which comes 8500,000 a year for carrying the mails; and this upon about 2,200 by way of Philadelphia and Baltimore to Washington. miles of road. That shows the recklessness of the statements in Mr. SIBLEY. But it comes in the beginning from east of there. which gentlemen indulge when discussing these measures. It catches the trains from New England. We compel th:is train to Again, it was said that the great railroads of the Eastern States leave New York at 4 o'clock, when not even the gentleman from to-day receive 5 to 6 per cent on $60,000 per mile of their road on Ohio would like to take a train; and they must deliver their mail Government contracts for carrying the mails alone. In the six at a certain time or be fined or lose the entire compensation if the New England States there are 7,100 miles of railway, which, at train is late. $60,000 per mile, would amount to $425,000,uOO. Five per cent of In running through the State of Virginia they are allowed to that sum would be 821,000,000, and the aggregate mail pay for all make but two stops. The gentleman from Virginia [l\1r. Sw AN­ the New England States is only $1,670,000, or less than one­ SON I will answer you any question about that, as he is familiar fifteenth of the amount so stated. witli it. So as to be able to give that service in the State of Vir­ Now, there has been exaggeration and misstatement somewhere, ginia they only stop twice, and they abandon their passenger traf­ and we have got to deal with plain facts a?d ca~ not .allow ou_r fic; and we found that the Seaboard Air Line gave up the con­ prejudices to take the place of our reason m dealmg with a busi­ tract and refused to take it longer, because they could not do it ness proposition. On the roads in the State of Massachusetts, without loss. 1900. CONGRESSIONAL RECORD-HOUSE. 4581

Mr. KITCHIN. If the gentleman will permit me, phe gentle­ the Government will be the gainer. No rural free delivery will man has said once or twice that the Seaboard Air Lme used to be maintained which will not add to rather than detract from the have this subsidy, as it is called. revenues of the Government. [Applause.] Mr. SIBLEY. They did. . The CHAIRMAN. The time of the gentleman has expired. Mr. KITCHIN. My recollection is that the Seaboard Air Lme Mr. LOUD. Mr. Chairman, I move that the committee do now never had it. rise. :Mr. SIBLEY. The Atlantic Coast Line. The motion was agreed to. Mr. KITCHIN. I think if the gentleman will take the trouble Accordingly the committee rose; and the Speaker having re­ to go down and look at the time-tables at the Pennsylvania depot, sumed the chair, Mr. DALZELL, Chairman of the Committee of the he will find that the Seaboard Air Line runs a. train from Wash­ Whole House on the state of the Union. reported that that com­ ington to Atlanta upon just as good a schedule time as this. I mittee had had under consideration the bill (H. R. 10301) making think there is about five minutes difference. approp1·iations for the postal service, and had come to no resolu- "Mr. SIBLEY. I meant that the A~lantic Coast Line bad this tion thereon. · contract and refused to take it longer. The gentleman from Vir­ Mr. LOUD. Mr. Speaker, I move that the House do now ad­ ginia [Mr. SwANSON] has the. testimony o~ this po~nt, anc"!- I am journ. trenchinO' somewhat upon his preserves m referrmg to 1t, and The motion was agreed to; accordingly (at 5 o'clock) the House should ngt have done so if the matter had not been brought up by adjomned until to-morrow at 12 o'clock m. the gentleman from Ohio. Mr. KITCHIN. I call the gentleman'sattentiontothefactthat EXECUTIVE COMMUNICATIONS, ETC. the Seaboard Air Line never had it. Under clause 2 of Rule XXIV, the following executfre com­ Mr. SIBLEY. I meant to say the Atlantic Coast Line. It was mucations were taken from the Speaker's table and referred as. a mere lapsus lingua. follows: Mr. KITCHIN. That train leaves at 2 o'clock in the evening, A letter from the Secretary of the Treasury, transmitting, with while the other train does not leave at that time. accompanying communications, draft of a bill for the establish­ Mr. SIBLEY. It leaves the city of New York at 4.25 a. m. ment of a national standardizing bureau-to the Committee on Mr. BROMWELL. May I say to the gentleman, not as a ques­ Coinage, Weights, and Measures, and ordered to be printed. tion, but just to remind him-I know he is amiable ab~ut being A letter from the Secret?.ry of War, transmitting a commu­ interrupted-the gentleman does not recollect the readrng of the nication from the Acting Paymaster-General relating to pay of report by Mr.Grant, who stated in effect thatthere were twelve or additional paymasters' clerks-to the Committee on Military fifteen large railway systems which run trains out West at 3 and Affairs, and ordered to be printed. _ half past 2 in the morning, and the s~me argume~t of running a A letter from the Secretary of the Treasury, transmitting a copy train out of New York at 4 o'clock m the mornmg-that they of a communication from the Chief of the Bureau of Statistics could not het passeng~rs-wi-p. app~y to the h\elye or fif~ee:i;i larg_e submitting an estimate of appropriation for increased clerical railway systems runnmg their trams out of Uh1cago, Cmcmnat1, assistance-to the Committee on Appropriations, and ordered to and other places, that they could get no passengers, and yet they be printed. get no subsidy. A letter from the Secretary of the Treasury, transmitting a copy Mr. SIBLEY. I am going to let the gentleman from Virginia of a communication from the Supervising Architect submitting answer you. I do not think there is any analogy between the an estimate of appropriation for improvement and repairs of cus­ cases. It is an entirely different country. I have got no interest tom-house and post-office building at Albany. N. Y.-to the Com­ in it except the interest that every citizen has-to see the oppor­ mittee on Appropriations, and ordered to bo printed. tunities for rapid service, rapid communication and facilities to A letter from the Secretary of the Interior, transmitting, with do their business given to the South, as well as it is to the most the draft of a proposed bill, a statement of facts relating to nego­ favored parts of this nation. tiations for purchase of certain groves of Sequoia gigantea in Cali­ I believe the South bas entered into a new era of progress and fornia-to the Committee on the Public Lands, and ordered to be of commercial industry, and that her future in certain lines of printed. manufacturing development and industry is boundless, if her statesmen will give her commercial interests the opportunity to expand and find the wide markets of the world. It is evident to REPORTS OF COMMITTEES ON PUBLIC BILLS AND all that the United States is entering into a new epoch, and that RESOLUTIONS. t.he seat of commercial and financial empire is to be located upon Under clause 2of Rule XIII, bills and resolutions of the follow­ this continent. ing titles were severally reported from committees, delivered to We exported last year $339,000, 000 of the products of our work­ the Clerk, and referred to the several Calendars therein named, as shops and factories. Each month shows a gain running into the follows: millions, and unless we by unwise political action and the culti­ Mr. LITTLEFIELD, from the Committee on the Judiciary, to vation of a naITow and petty prejudice hinder and anest devel­ which was referred the bill of the Honse (H. R. 2537) to create the opment wise observers and students of economics state that wit.bin central division of the southern district of · Iowa for judicial six years the value of our exports of mannfactured products alone purposes, and to fix the time and place for holding court therein, will reach one thousand million dollars. This means practically reported the same with amendment, accompanied by a report the doubling of the entire manufacturing energies of our nation. (No. 1111); which said bill and report were referred to the House Shall we delay, hinder, or possibly prevent this by wrapping Calendar. about ourselves our narrow garments of prejudice and partisan­ Mr. ALEXANDER, from the Committee on the Judiciary, to ship and button those garments about us so tight that we do not which was referred the bill of the House (H. R. 8815) to amend dare to straighten up and take a breath of God's free air for fear chapter 4, Title XIII, of the Revised Statutes of the United States, we burst the buttons offthese garments? reported the same with amendment, accompanied by a report (No. In t.bis present age it will not even do for us to stand still. The 1112); which said bill and report were referred to the House Cal­ watchword of the hour is" Forward!" and it is strange to find in endar. this representative body those who not only propose to stand He also, from the same committee, to which was referred the still, but would turn our faces backward. The corduroy road and bill of the Honse "(H. R. 10279) to provide for sittings of the cir­ the saddlebags for the dawn of the nineteenth century, but the cuit and district courts of South Carolina in the city of Florence, fast mail and the wings of Ughtning for the dawn of the twen­ S. C., reported the same with amendment, accompanied by a re­ tieth. port (No. 1113) ; which said bill and report were referred to the The plain people of America, as well as the leaders in the com­ Honse Calendar. mercial world who are at work on these great problems, all pro­ Mr. 8HERMAN, from the Committee on Interstate and Foreign portionately enjoy the benefits spri_nging from the bettered condi­ Commerce, to which was referred the bill of the Senate (S. 2) to tions, and I desire to see these people who are engaged in this great provide for the construction, maintenance, and operation, under production and export trade, which they carry from our shores as the management of the Navy Department, of a Pacific cable, re­ a trophy of American genius, have the opportunity, whether re­ ported the same with amendment, accompanled by a reporJ; {No. siding in the North or South, the East or the West, to enjoy any 1114); which said bill and report were referred to the Comnnttee advantage and every advantage that will expedite and increase of the Whole House on the state of the Union. their business, that will convey intelligence and give a wider realm to higher thought and action. (Applause.] The gentleman from Ohio [Mr. BROMWELL] opposes rural free REPORTS OF COMMITTEES ON PRIVATE BILLS AND delivery; he has not got any in Cincinnati. RESOLUTIONS. Mr. BROMWELL. I have one in my district. Under clause 2 of Rule XIII, private bills and resolutions of :Mr. SIBLEY. I have not got any in my district, but I hope to the following titles were severally reported from committees, de­ have some, and when they do I hope they will not be any more livered to the Clerk, and referred to the Committee of the Whole expensive to the Government than the letter-carrier system in Cin­ House, as follows: . cinnati, but it will take the place of the present star route, and Mr. HOFF~CKER, from the Committee on Invalid Pensions, 4582 OONGRESSIONA.L RECORD-HOUSE. APRIL _23, to which was referred the bill of the Senate {S. 3352) granting a Also, a bill (H. R. 10932) for the relief of John Birkett-to the pension to Sarah Kersey, reported the same without amendment, Com.mitt-ea on War Claims. accompanied by a report (No. 1107); which said bill and report Also, a bill (H. R. 10033) granting a pension to Frederick Fi­ were referred to the Private Calendar. galla-to the Committee on Invalid Pensions. Mr. SAMUEL W. SMITH, from the Committee on Invalid Pen­ I3y l\lr. DENNY: A bill (H. R. 10!>34) granting a pension to sions, to which was referred the bill of the Senate (S. 3215) grant­ William L. Ilawkins-to the Committee on Invalid Pensions. ing an increase of pension to Andrew F. Dinsmore, reported the By Mr. FARIS: A bill (H. R. 10!)35) increasing pension of same without amendment, aG,,companied by a report (No. 1108); Hiram Brubaker-to the Committee on Invalid Pensions. which said bill and report were i·eferred to the Private Calendar. By Mr. GIBSON: A bill (H. R.10936) for therelief of Mary .Jane Mr. HOFFECKER, from the Committee on Invalid Pensions, Hubbard, of Jefferson County, Tenn.-to the Committee on War to wh!ch was refened the bill of the Senate (S. 2335) granting an Claims. increase of pension to John W. Blake, reported the same without By Mr. HEPBURN: A bill (H. R: 10937) granting a pension to amendment. accompanied by a report (No. 1109); which said bill John W. Foster-to the Committee on Invalid Pensions. and report were r~ferred to the Private Calendar. By .Mr. KERR: A bill CH. R. 10938) granting a pension to Clara Mr. PARKER of New Jersey, from the Committee on the Judi­ E . .Ashton-to the Committee on Pensions. ciary, to which was referred the bill of the House (H. R. 44.00) for By Mr. KLUTTZ: A bill (H. R. 109a9) for the relief of J. B. the relief of Frank E. Kellogg, collector of the Sixth internal-rev­ Fitzgerald-'-to the Committee on War Claims. enue district of Missouri, reported the same with amendment, ac­ Also, a bill (H. R. 10940) for the relief of George W. Fisher-to companied by a. report (No. 1110); which said bill and report were the Committee on War Claims. referred to the Private Calendar. By Mr. LITTAUER: A bill (H. R. 10941) granting an :increase of pension to John E. Whipple-to the Committee on Invalid Pen­ sions. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS By Mr. LOVERING: A bill (H. R. 10942) granting an increase INTRODUCED. of pension to John Coleman-to the Committee on Invalid Pen­ Under clause 3 of Rule XXII, bills, resolutions, and memorials sions. of the following titles were introduced and severally referred. as By .Mr. PARKER of New Jersey: A bill (H. R.10943) granting fo1lows: an increase of pension to Mary E. Meldrum-to the Committee By Mr. DRIGGS: A bill (H. R. 10920) providing for additional on Invalid Pensions. cil'cui. t judges in the Second judicial circuit-to the Committee on By Mr. PAYNE: A bill (H. R. 10044) granting a pension to the Judiciary. Lydia C. Cobm·n-to the Committee on Invalid Pensions. By l\lr. HEDGE: A bill (H. R. 10921) granting to Keokuk and By Mr. POLK: A bill (H. R. 10945) granting a pension to Wil­ Hamilton Water Company right to erect, construct, and maintain liam T. Wyant, Danville, Pa.-to the Committee on Invalid Pen­ wing dam, canal, and power station in the Mississippi River in sions. Hancock County, illinois-to the Committee on Interstate and By Mr. ROBERTS (by request): A bill (H. R. 10946) for the Foreign Commerce. relief of Rufus M. Hodgkins-to the Committee on Claims. By Mr.WATERS: A bill (H. R. 10922) to establish a light and By l\Ir. SMlTH of Kentucky: A bill (H. R. 10947) granting a fog station at Point Dume, Los Angeles County, Cal. -to the Com­ pension to Sebastian F. Kissinger-to the Committee on Invalid mittee on Interstate and Foreign Commerce. Pensions. By Mr. MUDD (by request): A bill (H . .R.10960) to correct the Also, a bill (H. R. 10948) granting a pension to Thomas Kin­ records of certain classes of cases in the War and Navy Depart­ kaid, of Kentucky-to the Committee on Invalid Pensions. ments-to the Committee on Military Affairs. By Mr. SAMUEL W. SMITH: A bill (H. R. 10949) granting a By Mr. MONDELL: A bill (H. R. 10.::161) to ratify an agree­ pension to Hulbert 0. White-to the Committee on Invalid Pen­ ment with the Indians of the Crow Reservation in Montana, and sions. making appropriations to carry the same into effect-to the Com­ Also, a bill (H. R. 10950) granting an increase of pension to mittee on lndian Affairs. David Mumber-to the Committee on Invalid Pensions. By Mr. FLYNN: A bill (H. R. 10962) to allot lands of the Osage Alm, a bill (H. R. 10951) to correct themilitaryrecordof Abram Reservation in sernralty-to the Committee on Indian Affairs. C. Herring-to the Committee on .Military Affail·s. Also, a bill (H. R. 10U63) to provide for ascertaining the indebt­ By Mr. TAWNEY: A bill (H. R. 10!:!52) to remove the charge edness of certain Osage Indians to traders at t~ Osage Agency, of d&ertion against Benjamin F. Dayton-to the Committee on and for making payments upon such indebtedness-to the Com­ Military Affail'S. mittee on Indrnn Affairs. Also, a bill (H. R. 10953) removing the charge of desertion By Mr. COUSINS: A resolution (H. Res. 236) calling for in­ against David Whitford-to the Committee on Military Affairs. formation from the Secretary of the T1·easury as to accounts of By Mr. TAYLER of Ohio: A bill (H. R. 10034) for the relief of Sac and Fox Indians-to the Committee on Indian Affairs. the legal representatives of J obn H. Jones and Thomas D. Harris­ By .M.r. DAVIDSON: A resolution (H. Res. 237) authorizing to the Committee on War Claims. ClerIr of House to pay Frederick Schwalbe $75 per month as folder By l\lr. UNDERWOOD: A bill (H. R. 109.35) for the relief of from April 1, 1899, to February 1, 1900-to the Committee on J. H. Bingham-to the Committee on Claims. Accounts. By Mr. SHAFROTH: A bill (H. R. lOOJCi) granting an increase of pension to William S. Newell-to the Committee on Invalid Pensions. PRIVATE BILLS AND RESOLUTIONS INTRODUCED. Also, a bill (H. R. 10957) granting a pension to Alonzo C. Still­ Under clause 1 of Rule XXII, private bills and resolutions of well-to the Committee on Invalid Pensions. the following titles were introduced and severally referred as By :Mr. VREELAND: A bill (H. R. 10958) granting an increase fol1ows: of pension to William E. Martin-to tJie Committee on Invalid By Mr. BRENNER: A bill ON: Petition of ExcelsiorGuard,Company A, Bv .i..\lr. JUY: Petition of R. W. Ma.eon and 41 other members Texas Volunteer Guard, home. station, San Antonio, Tex., favor­ of St. Louis Presbytery, favoring the passage of House bill No. ing the passage of House bill No. 7936, increasing the appropria­ 1060-to the Committee on Military Affairs. tions for arming and equipping the militia of the States and Ter­ By Mr. KAHN: Petition of the Chamber of Commerce of San ritories-to the Committee on Militia:. Francisco, Cal., favoring the passage of Honse bill No. 10374, re­ By .Mr. BURTON: Petition of the Mayen & Hopp Company and lating to second-class mail matter-to the Committee on the Post­ other druggists in the State of Ohio, for the repeal of the tax on Office and Post-Roads. medicines, perfumery, and cosmetics-to the Committee on Ways By Mr. KETCHAM: Petition of M. M. Vincent and 20 others, and:Means. of Unionvale Grange, No. 887, Patrons of Husbandry, New York, By Mr. BROSIUS: Petition of 400 citizens of Lancaster County, for State control of imitation dairy products as provided in House Pa.; also petition of F. R. Hornberger and other farmers of same bill No. 3717-to the Comm1ttee on Agriculture. .county, in favor of the Grout bill to increase the tax on oleo­ By l\Ir. LA.TIMER: Resolution of the Trades League of Phila· margarine-to the Committee on Agriculture. delphia, Pa., indorsing House bill No. 10374, increasing the postage By Mr. CLARKE of New Hampshire: Petition of Natt Head on certain puulications and favoring 1-cent local letter postage­ Post. No. 2, Department of New Hampshire, Grand Army of the to the Committee on the Post-Office and Post-Roads. Republic, in favor of a bill locating a Branch Soldiers' Home near By .Mr. LlTTAUER: Paper to accompany Honse bill for the Johnson City, Tenn.-to the Committee on Military Affairs. relief of John E. Whipple-to the Committee on Invalid Pensions. Also, petition of Penacook Park Grange, No. 184, Patrons of By Mr. LOVERING: Paper to accompany House bill for the re~ Husbandry, of New Hampshire, to amend the present law in rela­ lief of John Coleman-to the Committee on Invalid Pensions. tion to the sale of oleomargarine-tothe Committee on Agriculture. By Mr. MANN: Petition of employees of the Chicago (111.) post­ By. Mr. CU.\1.MINGS: Petition of General James Mc~uadePost, office, West Pullman and Gr~nd Crossing stations, urging the No. 557, of New York, Grand Army of the Republic, m favor of passage of House bill No. 9565, for the retirement of civil em­ the establishment of a Branch Soldiers' Home near Johnson City, ployees of the Government after long service ~nd infirmity-to Tenn.-to the Committee on Military Affairs. the Committee on Reform in the Civil Service. By Mr. CURTIS: Resolutions of the Commercial Club of To­ Also, petition of the Illinois Lumber Dealers' Association, in peka, Kans., and the Commercial Club of Ottawa, Kans., in favor farnr of Senate bill No. 1439, relating to an act to regulate com· of Senate bill No. 143 11 , relating to an act to regulate commerce­ merce-to the Committee on Interstate and Foreign Commerce. to the Committee on Interstate and Foreign Commerce. Also, petition of Clark & .Morgan, of Quincy, Ill., favoring the Also, resolutions of Sabetha Post, No. 175; Goff's Post, No. 111, passage of the Brosius pure-food bill-to the Committee on Inter- and Wallace Post, No. 3i9, Department of Kansas, Grnnd Army state and Foreign Commerce. . _ of the Republic, in favor of House bill No. 7094, to establh:h a Also, petition of General George A. Custer Post, No. 40, Depart· Branch Soldjers' Home at Johnson City, Tenn.-to the Commit­ ment of Missouri, Grand Army of the Republic, in favor of House tee on Military Affairs. bill No. 7094, to establish a Branch Soldiers' Home at Johnson Also, petition of citizens of Willis, Kans., in opposition to the City, Tenn.-to the Committee on Military Affairs. passage of House bill No. 6071, relating to second-class mail mat· By Mr. PEARRE: Petitions of citizens of Frederick County, ter-to the Committee on the Post-Office and Post-Roads. Md., urging the passage of the Grout bill to increase the tax on Also, petition of publishers of the Atchison Globe, Leavenworth oleomargarine, etc.-to the Committee on Agriculture. Times, Kansas City Gazette, and other publishers in the State of By Mr. POLK: Papers to accompany House bill to increase Kansas, favoring the enactment of the Platt and Russell bills the pension of W. S. Wyant-to the Committee on Invalid Pen­ respecting alcohol used in the arts-to the Committee on Ways sions. and means. By Mr. RAY of New York: Petitions of Post No. 505, of Halsey Also, petition of the Topeka Pressmen's Union, No. 49, of To­ Valley, and Post 612, of Hamden, N. Y., Grand Army of the Re­ peka, Kans., favoring the passage-of House bill No. 6872, providing public. in favor of House bill No. 7094, to establish a Branch that the Allied Printing 'l'rades label be used on all Government l::loldiers' Home at Johnson City, Tenn.-to the Committee on publications-to the Committee on Printing. Military Affairs. By Mr. CUSACK: Petition of employees of the Chicago (Ill.) Also, petition of Sidney Grange, No. 729, Patrons of Husbandry, post-office, Station D, urging the passage of House bill No. 9565, New York, for State control of imitation dairy products as pro­ for the retirement of civil employees of the Government after long vided in House bill No. 3717-to the Comm1ttee on Agrieulture. service and infirmity-to the Committee on Reform in the Civil Also, pet1tion of Sidney Grange, No. 720, Patrons of Husbandry, Service. · of New York, in favor of Senate bill No. 1439, relating to an act By Mr. ESCH: Resolutions of Cigar Makers' Union No. 61, of to regulate commerce-to the Committee on Interstate and For­ LaCrnsse, Wis., opposing the paseage of the Grontoleomargarine eign Commerce. bill-to the Committee on Agriculture. Also, petition of substitute letter carriers of Binghamton, N. Y., Also, petition of Traders' League of Philadelphia, Pa., praying in favor of Honse bill No. 1051, relating to grading of substitute for the passage of House bill No. 10374, increasing the postage on letter carriers-to the Committee on the Post-Office and Po.st­ certain publications-to the Committee on the Post-Office and Roads. Post-Roads. Also, petition of the Young Men's Bible Club of Ithaca, N. Y., 4584 CONGRESSIONAL RECORD-SENATE. APRIL .24, 1 for the passage of a bill to forbid liquor selling in canteens and in present, I move that the communication and accompanying- pa- the Army, Navy, and Soldiers' Homes-to the Committee on Mili­ pers lie on the table and that they be printed. · tary Affairs. The motion was agreed to. By Mr. SMITH of Kentucky: Paper to accompany House bill MESSAGE FROM THE HO"C'SE. granting a pension to Thomas Kincaid-to the Committee on In­ valid Pensions. A message from the House of Representatives, by Mr. W. J. Also, paper to accompany House bill granting a pension to S. F. BROWNING, its Chief Clerk, announced that tbe House had passed Kissinger-to the Committee on Invalid Pensions. the following bills; in which it requested the concurrence of the Also (by request), petition of M. P. Hodges Post, No. 60, De­ Senate: . partment of Kentucky, Grand Army of the Republic, in favor of A bill (H. R. 4468) to authorize the citv of Tucson, Adz., to the establishment of a Branch Soldiers' Home near Johnson City, issue bonds for waterworks, and for other purposes; · Tenn.-to the Committee on Military Affairs. A bill (H. R. 5296) establishing terms of the United States cir­ By Mr. SPERRY: Petitions of the Woman's Christian Temper­ cuit court at Newbern and Elizabeth City, N. C.; ance Union of East Haddam, Conn., for the 'Passage of a bill to A bill (H. R. 7945) to amend an act entitled ".An act permitting forbid the sale of liquors in canteens-to the Committee on Mili­ the building of a dam across Rainy Lake River;" tary Affairs. A bill (H. R. 6868) to amend an act authorizing the terms of By Mr. STEWART of New Jersey: Petition of Dwight Post, the district court of the United States for the southern district of No. 103, of Englewood, N. J., Grand Army of the Republic, in Mississippi to be held hereafter at Biloxi; favor of House bill No. 7094, to establish a Branch Soldiers' Home A bill (H. R. 8962) to authorize the New Orleans and North­ at Johnson City, Tenn.-to the Committee on Military Affairs. western Railway Company, its successors and assigns, to build By Mr. SULZER: Petition of the Trades League of Philadel­ and maintain a bridge across Bayou Bartholomew in thEl State of phia, Pa., urging the passage of a bill providing for the early con­ Louisiana; and · struction of the Nicaragua Canal-to the Committee on Interstate A bill (H. R. 9496) to provide for the dispoaal of the Fort Bu­ and Foreign Commerce. ford abandoned military reservation, in the States of North Da- Also, petition of the National Association of Railway Postal kota and Montana. · Clerks, relating to the reclassification of the Railway Mail Serv­ EJ.~OLLED BILLS SIGNED. ice-to the Committee on the Post-Office and Post-Roads. The message also announced that the Speaker of the House had By Mr.WADSWORTH: Petitions of Staunton Post, No. 396, signed the following enrolled bills; and they were thereupon and Tilton'sPost, No. 660, Department of New York, Grand Army signed hy the President pro tempore: of the Republic, in favor of the establishment of a Branch Sol­ A bill (S. 3:165) to provide an American register for the steam­ diers' Home near Johnson City, Tenn.-to the Committee on Mili­ ship Garnnne; tary Affairs. A bill (S. 3924) to autholizethe construction of a bridge across By Mr. WILSON of Idaho: Five petitions of George Green and Tallahatchie River, in Tallahatchie County, Miss.; others, of Magnolfa; J.P. Triplett and others, of Beeman, and citi­ A bill (S. 4051) to authorize the Ohio Valley Electric Railway ~ens of Cameron, Lenore, and Lewiston and Nez Perce County, Company to construct a bridge over the Big Sandy River from Idaho, for the passage of a free-homestead bill-to the Committee Kenova, W. Va., to Catlettsburg, Ky.; and on the Public Lands. A bill (H. R. 4604) to amend the charter of the East Washing­ ton Heights Traction Railway Company. PETITIONS AND MEMORIALS. SENATE. Mr. CULLOM presented a memorial of sundry citizens of Au­ rora, Ill., remonstrating against the passage of the so-called par­ TUESDAY, April 24, 1900. cels-post bill; which was referred to the Committee on Post-Offices The Senate met at 11 o'clock a. m. and Post-Roads. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. · He also presented a petition of Local Union No. 174, Cigar The Secretary proceeded to read the Journal of yesterday's pro­ Makers' International Union, of Joliet, Ill., praying for the enact­ ceedings, when, on request of Mr. DAVIS, and by unanimous con­ ment of legislation to protect free labor from prison competition, sent, the further reading was dispensed with. and also to limit the hours of daily service of laborers and mechan­ The PRESIDENT pro tempore. The Journal will stand ap­ ics employed upon the public works of the United States; which proved, without objection. was referred to the Committee on Education and Labor. He also presented a petition of the Illinois Lumber Dea1ers' JORGE CRUZ. Association, praying for the adoption of certain amendments to The PRESIDENT pro tempore laid before the Senate a commu­ the interstate-commerce law; which was referred to the Commit­ nication from the Attorney-General: transmitting, in response to tee on Interstate Commerce. a resolution of the 21st instant, certain information relative to He also presented a memorial of the Union Veterans' Union, of what action has been taken by the Attorney-General in the case Washington, D. C., remonstrating against the enactment of legis­ of Jorge Cruz, a resident of Porto Rico, alleged to have been lation relative to the promotion of the Adjutant-General of the brought into this country under a contract to labor in the United Army to the rank of major-general; which was referred to the States; which was referred to the Committee on Pacific Islands Committee on Military Affairs. and Porto Rico, and ordered to be printed. He also presented a petition of Hall of Smedell Post, No. 257, COMMISSIONED NAVAL OFFICERS. Grand Army of the Republic, of Greenup, Ill., praying for the The PRESIDENT pro tempore laid before the Senate a com­ enactment of legislation granting pensions to soldiers and sailors munication from the Secretary of the Navy, transmitiing, in re­ whoareincapacitatedfortheperformance of manual labor; which sponse to a resolution of the 18th instant, a statement prepared by was referred to the Committee on Pensions. the Bureau of Navigation, Navy Department, giving the total He also presented a petition of the Trades and Labor Assembly number of commissioned naval officers on the 31st day of Decem­ of Belleville, Ill., praying for the enactment of legislation to in­ ber, 1899, the number on shore duty, etc.; which, with the ac­ crease the 'Pay of all male employees in the Government Printing companying paper, was referred to the Committee on Naval Office; which was referred to the Committee on Printing. Affairs, and ordered to be printed. He also presented petitions of the Young People·s Society of Christian Endeavor of Rardin, the Woman's Christian Temper­ STATISTICS RELATIVE TO NAVY-YARDS. ance Un~on of Freeport, and of the congregation of the Presbyte­ The PRESIDENT pro tempore laid before the Senate a com­ rian Church of Harrisburg, all in the State of Illinois, praying for munication from the Secretary of the Navy, transmitting, in re­ the enactment of legislation to prohibit the sale of intoxicating sponse to a resolution of the 2d instant, a tabulated statement liquors in Army canteens and our nPw island possessions; which showing the number of commissioned officers on duty at each were referred to the Committee on Military Affairs. navy-yard and naval station in the United States during the He also presented memorials of Local Union No. 703, United month of March, etc.; which, with the accompanying papers, was Mine Workers, of O'Fallon; of Local Un~on No. 972, Unitecl Mine referred to the Committee on Naval Affairs, and ordered to be Workers, of Streator; of Local Union No. 728, United Mine printed. Workers, of Mount Olive; of Local Union No. 41, Cigar Makers' WAR-REVENUE RECEIPTS, International Union, of Aurora; of the Central Labor Union of The PRESIDENT pro tempore. The Chair lays before the Sen­ Rockford; of Local Union No. 732, United Mine \Vorkers, of ate a communication from the Secretary of the Treasury, trans­ Pottstown, and of Local Union No. 503, United Mine Workers, of mitting, in response to a resolution of the 20th instant, a letter Westville, all in the State of Illinois, remonstrating against the from the Commissioner of Internal Revenue showing the amount enactment of legislation imposing a tax upon butterine, oleomar­ of revenue derived from the so-called war-revenue law, so far as garine, and all other kindred dairy products: which were referred it is practicable to do so. to the Committee on Agriculture and Forestry. Mr. COCKRELL. As the Senator from New Hampshire [Mr. .Mr. PENROSE presented petitions of the congregation of the GALLINGER], at whose request the resolution was passed, is not Presbyterian Church of Kittanning; of James O'Donald Post,