1900. CONGRESSIONAL RECORD-SENATE. 4353

Pulaski County, .Ark., against the Loud bill-to the Committee on A bill (S. 645) granting an increase of pension to David Hunter; the Post-Office and Post-Roads. A bill (S. 677) grantinl? an increase of pension to Jerusha W. By Mr. VREELAND: Petitions of Grand.Army of the Republic Sturgii:1; posts of Mayville and Jamestown, N. Y ., in favor of Honse bill No. A bill (S. 819) granting an increase of pension to Benjamin F. 7094, to establish a Branch Soldiers' Home at Johnson City, Tenn.­ Bourne; to the Committee on Military Affairs. A bill (S. 833) granting an increase of pension to Harry At­ Also, petition of citizens of Stockton, N. Y., in favor of the kinson; Grout bill increasing the tax on oleomargarine-to the Commit- A bill (S. 994) granting an increase of pension to Casper tee on .Agriculture. • Miller, jr.; By Mr. W .ANGER: Petition of citizens of Bucks County, Pa., A bill (S. 1194) granting an increase of pension to John B. in favor of the Grout bill increasing the tax on oleomargarine­ Ritzman; to the Committee on Agriculture. A bill (S. 1228) granting an increase of pension to Thomas Jor­ By Mr. WEEKS: Petition of citizens of Marine City, Mich., dan· favoring the Grout bill relating to dairy products, etc.-to the A'bill (S. 1250) granting a pension to Hattie E. Redfield; Committee on .Agriculture. A bill (S. 1251) granting an increase of pension to Celia A. Jef­ By Mr. WHEELER of Kentucky: Papers to accompany House fers; bill for the relief of E. E. O'Hara-to the Committee on War Claims. A bill (S. 1255) granting an increase of pension to James M. By Mr. WILSON of Arizona: Resolution of Omaha Commer­ Simeral; cial Club, urging construction of irrigation wo1·ks by the Gov­ A bill (S. 1264) granting an increase of pension to Jam es A. ernment-to the Committee on Irrigation of Arid Lands. Southard; By Mr. WILSON of New York: Resolutions of the Civil War .A bill (S. 1265) granting a pension to Elender Herring; Veterans' Association, Custom Service, PortofNewYork, infavor .A bill (S. 1268) granting a pension to Sarah R. Burrell; of giving preference in appointments to soldiers of civil and A bill (S.1298) granting an increase of pension to Oscar Taylor; Spanish-American wars-to the Committee on Reform in the A bill (S. 1309) granting an increase of .pension to Herman Civil Service. Piel; Also, resolutions of the Omaha (Nebr.) Commercial Club, favor­ A bill (S. 1331) granting an increase of pension to Ellen C. Ab­ ing provision for irrigation, surveys, etc.-to the Committee on bott; Irrigatfon of Arid Lands. A bill (S. 1419) granting an increase of pension to Annie B. Goodrich; / A bill (S. 1721) granting an increase of pension to Amos H. SENATE. Goodnow; · A bill (S. 1729) granting an increase of pension to Oliver J,

WEDNESDAY, April 181 1900. Lyon; A bill (S. 1769) granting an increase of pension to Henry Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Frank; The Secretary proceeded to read the Journal of yesterday's pro· A bill (S. 1960) granting an increase of pension to Eli J. Marsh; ceedings, when, on motion of Mr. CHANDLER, and by unanimous A bill (S. 2167) granting an increase of pension to Franklin C. consent, the further reading was dispensed with. Plantz; The PRESIDENT protempore. Without objection, theJournal A bill (S. 2209) granting an increase of pension to Frederick will stand approved. Higgins; AGREEM&.~TS WITH FIVE CIVILIZED TRIBES. A bill (S. 2220) granting an increase of pension to Eudora S. Kelley; The PRESIDENT pro tempore laid before the Senate a com­ .A bill (S. 2336) repealing section 4716 of the Revised Statutes so munication from the Secretary of the Interior, transmitting an far as the same may be applicable to the claims of dependent par­ agreement negotiated between the Commission to the Five Civ­ ents of soldiers, sailors, and marines who served in the Army and ilized Tiibes and the Muskogee or Creek tiibe of Indians, dated Navy of the United States during the war with Spain; March 8, 1900, together with a letter from the acting chairman of A bill (S. 2351) granting an iILcrease of pension to Joseph W. the Commission to the Five Civilized Tribes and a letter from the Skelton; attorneys of the Missouri, Kansas and Texas Railway Company A bill (S. 2375) granting a pension to Mary A. Russell; and other like companies, etc.; which, with the accompanying A bill (S. 2622) granting a pension to Maria A. Thompson; papers, was referred to the Select Committee on the Five C'ivi­ A bill (S. 2636) granting an increase of pension to Mary E. Law; lized Tribes, and ordered to be printed. A bill (S. 27 42) restoring to the pension roll the name of Annie He also laid before the Senate a communication from the Sec­ .A. Gibson; retary of the Interior, transmitting an agreement between the A bill (S. 3017) granting an increase of pension to Julia M. Edie; Commission for the Five Civilized Tribes and the Cherokee tribe A joint resolution (S. R. 34) authorizing the printing of 35,000 of Indians, etc., and recommending the adoption of certain amend­ copies of Bulletin No. 24, Department of Agriculture, entitled ments to sections 10 and 11 of the agreement; which, with the ''A Primer of Forestry," for the use of Congress and the Depart­ accompanying papers, was referred to the Select Committee on ment of Agiiculture; and the Five Civilized Tribes, and ordered to be printed. A joint resolution (S. R. 108) providing for the printing of the 1\IESSAGE FROM THE HOUSE. report of the governor of Arizona for 189:J. A message from the House of Representatives, by Mr. H. L. PETITIONS AND MEMORIALS. OVERSTREET, one of its clerks, announced that the House had passed a joint resolution (H. J. Res. 235) authorizing the exhibit Mr. LODGE presented a memorial of the publishers of True of Government relics at the New York Printing Exposition, from Light, of Holyoke, Mass., and a memorial of the publishers of May 2 to June 2, 1900; in which it requested the concurrence of Modern Art, of Boston, Mass., remonstrating against the passage of the ~o-called Loud bill, relating to second-class mail matter; the Senate. which were referred to the Committee on Post-Offices and Post­ ENROLLED BILLS SIGNED. Roads. The message also announced that the Speaker of the Honse had He also presented a petition of the Woman's Christian Temper­ signed the following enrolled bills and joint resolutions; and they ance Union of Brookfield, Mass., praying for the enactment of were thereupon signed by the President pro tempore: legislation to prohibit the sale of intoxicating liquors in Army A bill (S. li2) granting an increase of pension to Robert Black; canteens, etc.; which was referred to the Committee on Military A bill (S. 208) granting an increase of pension to Josephine I. Affairs. Offley; He also presented a petition of the Hall & Lyon Company, of A bill (S. 209) granting an increase of pension to Cornelia De Waltham and Worcester, in the State of Massachusetts, and Prov­ Pe:vster Black; idence, R. I., praying for the repeal of the stamp tax upon propri­ A bill (S. 239) granting an increase of pension to Rhoda A. etary medicines, perfumeries, and cosmetics; which was referred Foster; to the Committee on Finance. A bill (S. 241) granting a pension to Patrick Layhee; He also presented a petition of the Department of Massachu­ A bill (S. 261) granting an increase of pension to Lizzie H. setts, Grand Army of the Republic, praying that the 12th day of Hyndman; February of each year be set apart upon which to celebrate the A bill (S. 320) granting an increase of pension to Allen Buckner; birth of Abraham Lincoln, and that it be made a national holiday; A bill (S. 346) granting an increase of pension to Mrs. Arthusea which was referred to the Committee on the Library. Wright; He also presented the memorial of Rev. Edward Everett Hale A bill (S. 531) granting a. pension to Henrietta G"'ummins; and 12 other citizens of Massachusetts, remonstrating against the

XXXIII-273 4354 CONGRESSIONAL RECORD-SEN.ATE. ~PHIL 18,

~xtension of the time during which animals are detained in trans- He also presented a petition of the Pomona Fruit Growers' portation from one State to another; which was referred to the Association, of California, and a petition of the Southern Califor­ Committee on Interstate Commerce. nia Fruit Exchange, of Los Angeles, praying for the adoption of He also pr~sented a petition of 41 business men and vessel own- certain amendments to the interstate-commerce law; which were ers of Fall River, l\fass., praying for the removal of the sand bar 1 referred to the Committee on Interstate Commerce. inMouutHopeBay, offCommonFencePoint,neartbatcity; which He also presented a petition of the Chamber of Commerce of was referred to the Committee on Commerce. San Francisco, Cal., praying for the enactment of legislation to Mr. GALLINGER. I present a memorial of the Woman's provide for the widening and deepening of the channel between Christian Temperance Union of East Rochester, N. H., signed by the Basin and the Bay of·San Francisco; which was referred to the Mrs. E. 1\1. Bean, ;president, and Mrs. P. S. Fogg, corresponding Committee on Commerce. secretary, remonstrating against the abandonment on the part of He also presented a petition of Napa Grange, No. 307, Patrons Congress of prohibition in Alaska and Hawaii. As the bills re- of Husban-dry, of Napa, Cal., praying for the construction of the Jating to Alaska and Hawaii have been reported, I move that the Nicaragua Canal; which was ordered to lie on the table. memorial lie. on the table. He also presented a petition of the Young Woman's Christian The motion was agreed to. Temperance Association and of the congregation of the Baptist Mr. CULLOM presented petitions of the Southern Illinois Mil- Church of Oakland, Cal., praying- for the enactment of legisla­ lers' Association and of Local Union'No. 7557, American Federa- tion to prohibit the sale of intoxicating liquors in Army canteens; tion of Labor, of Carterville, Ill.; of the Sheep Breeders' Assoc.:ia- which was referred to the Committee on Military Affairs. tion of Colorado; of the Wool Growers' Association of Utah, and He also presented a memorial of the native born Cninese of Cal­ of the Board of Trade of Philadelphia, Pa., praying for the adop- ifornia, remonstrating against th"' enactment of certain legislation tionofcertainamendmentstotheinterstate-corumercelaw; which to regulate the coming of Chinese persons into the United States; were referred to the Committee on Interstate Commerce. which was referred to the Committee on Immigration . . He also pr~sented a memorial of Local Union No. 7_569, A~er- He also presented a petition of the Pacific Press Publishing ican Federation of Labor, of Alto Pass, Ill.! remo~strating agamst Company, of California, praying for the enactment of legislation the pas8age o! the so-ca11e.d desert-land bill; which was referred providing for the construction of a new Patent Office building; to the Committee on Pubhc Lands. which was referred to the Committee on Public Buildings and He also presented a petition of the Civil War Veterans' Associa- Grounds. tion, Custo:r;ns S~rvice, ~ort of New.~ork, P!aying for t1:1-e enact- He also presented a petition of the congregation of the First ment of legISl~~on relative to the civil service. and appomtm~nts Baptist Church of ·Berkeley, Cal., praying for the enactment of th~reunder, givi~g prefe~ence to honorably discharged ~oldiers, legislation to prohibit the sale of intoxicating liquors in the newly sa:1l?rs, an~ marmes; whlCh was referred to the Committee on acquired possessions of the United States; which was ordered to Civil Service and Retrenchment. lie on the table. B.e alsopresented.apetition of ~ocal Union No. 99, United 1-~ine Mr. WARREN presented a petition of the Omaha Commercial -~orker~, ~f Belleville, Ill., ~raymg.for the enactment of legis~a- Club of Omaha, Nebr., praying for the enactment of legislation tion to limit the hours o~ daily service of l~bor~rs and me?hamcs relative ta· the redamation of the arid lands; which was referred employed upon the p~bhc works of ti;ie Umted States; which was to th& Committee on Irrigation and Reclamation of Arid Lands. referred to the Comrmtte~ f legislation rela.tive to th~ use of imitation dairy products; which were refened to the Com­ rec~amation a!ld settlement of th~ and lands_ of t_he Umted States, mittee on AoTiculture and Forestry. which was referred to the Committee on lrngation and Reclama- ::, tion of Arid Lands. MEDALS FOR OFFICERS AND MEN OF NAVY AND MA.RINE CORPS. Mr. FAIRBANKS presented the petition of V. L. Early and 11 . other citizens of Greenfield, Ind., praying for the repeal of the Mr. HALE. I am directed by the Committee on Naval Affairs, stamp tax upon proprietary medicines, perfumeries, and cos- to whom was referred the joint resolution (S. R. 98) authorizing metics; which was referred to the Committee on Finance. the Secretary of the Navy to cause to be struck bronze medals :Mr. BAKER presented a petition of the Woman's Christian commemorating the naval engagements on the Cuban coast, and Temperance Union of Burton, Mich., praying for the enactment to distribute such medals to the officers and men of the ships of of legislation to prohibit the sale of intoxicating liquors in our the North Atlantic Squadron of the United States, to report a sub­ new island possessions; which was referred to the Committee on stitute therefor, and as I think there will be no objection to it, I Military Affairs. should like to have it passed. Mr. WELLINGTON presented a petition of the Young Woman's The PRESIDENT pro tempore. The proposed substitute will Christian Temperance Union of Centreville, Md., and a petition be read. of the Woman's Christian Temperance Union of Fords Store, Md., The joint resolution (S. R. 115) authorizing the Secretary of the praying for the enactment of legislation to prohibit the importa- Navy to cause bronze medals to be sti·uck and distributed to cer­ tion, manufacture, and sale of intoxicating liquors and opium in tain officers and men who participated in the war with Spain, and Hawaii; which were ordered to lie on the table. for other purposes, was read the first time by its title and the sec- Mr. PERKINS presented a petition of the Chamber of Com- ond time at length, as follows: merce of San Francisco, Cal., praying that the use and control of Resolved 011 the Senate and House of Representatives of the United States of the Lake Tahoe Forest Reserve be granted in trust to the regents America in Conp1·ess assembled, That the Secretary of the Navy bfl. and: he is of the Universitv of California· which was referred to the Com- hereby, authorized to cause to~ struck bronze medals comll!emorative of . • . ' . . the naval and other engagements m the waters of the West Indies and on the m1ttee on Forest Reservations and the Protection of Game. shores of Cuba during the war with Spa.in, and to distribute the same to the He also presented a petition of the St. Johns River Association, off:icers and men of the Navy an.d Marine .C?rps _who participated in any of of California praying for the enactment of leai""-lation providing said eng~ements _deemed by him of suffic10nt unportance to des~rve com- , · · f · h~- memorat10n: Provtded, That officers and men of the Nav-y or Marine Corps for the protection of the orest reserves; whic was referred to the Iwho rendered specially meritorious service otherwise than in battle may be Committee on Forest Reservations and the Protection of Game. rewarded in like manner: .And provided j,,J,rthe1·. That any person who may, 1900. CONGRESSIONAL RECORD-SENATE. 4355 under the provisions of this act, be entitled to receive recognition in more Toms, deceased, reported the following resolution; which was than one instance shall, instead of a. second medal, be presented with a. bronze considered by unanimous consent, and agreed to: bar, a 1;propriately inscribed, to be attache;d. to the ri"t?bon by w:hich the medal is suspended And to carry out thE' provis1ons of thIS resolution, the sum of Resolved, That the bill (S. 2?A2) entitled "A bill for the relief of the estate $25,0UO, or so much thereof as may be nec4:1ssary, is h~reby appropriated out of Henry C. Toms, deceased," now pending in the Senate, together with all of any money in the Treasury not otberwISe appropriated. the accompanying paper3, be, and the same is hereby, referred to the Court of Claims, in pursuance of the provisions of an act entitled "An act to pro­ The PRESIDENT pro tempore. Is there objection to the pres­ vide for the bringing of suits against the Government of the United States." ent consideration of the joint resolution which has just been approved March 3, 1887. And the said court shall proceed with the ~me in accordance with the provisions of such act, and report to the Sirnate in ac· read? cordance therewith. There being no objection, the joint resolution was considered as in Committee of the Whole. A.NNA. ELISA.BETH JAMISOH, Mr. WARREN. I desire to ask the Senator from Maine a. ques­ Mr. McLAURIN, from the Committee on Claims, to whom was tion rega1·ding it, if I may be permitted. I wish to know if it referred the bill (S. 569) for the relief of Anna Elisabeth Jamison, proposes to cover, as I presume it does, all the sailors and em­ executrix of the estate of Samuel Jamison, deceased, reported the ployees of the Navy who were engaged in these particular battles? following resolution; which was considered by unanimous con­ Mr. HA.LE. That is the very object of it. sent, and agreed to: Mr. WARREN. And it is to be a style of medal especially de­ Resolved, That the bill (S.•56!)) entitled "A bill for the relief of Anna signed for this purpose? Elisabeth Jamison, executrix of the estate of Samuel Jamison, deceased,'' now Mr. HALE. Yes. pending in the Senate, together with all the accompanying papers, be, and the same is hereby, referred to the Court of Claims, in pw·suance of the pro­ Mr. WARREN. Unlike the others that the present statute visions of an act entitled ''An act to provide for the bringing of suits against provides for? the Government of the United States," approved March 3, 1887. And the said Mr. HALE. Yes; it is to be commemorative of this occasion court shall proceed with the same in accordance with the provisions of such and to be a distinctive medal. act, and report to the Senate in accordance therewith. The joint resolution was reported to the Senate without amend­ JOHN W. WARWICK, ment, ordered to be engrossed for a third reading, read the third time, and passed. Mr. KEAN, from the Committee on Claims, to whom was re­ The PRESIDENT pro tempore. Senate joint resolution No. 98 ferred the bill (S. 2130) for the relief of the heirs of John W. War­ will, without objection, be indefinitely postponed. wick, reported the following resolution; which was considered by unanimous consent, and agreed to: REPORTS OF COMMITTEES. Resolved, That the bill (S. 2130) entitled "A bill for the relief of the heirs of John W. Warwick," now pending in the Senate, together with all the accom­ Mr. HALE, from the Committee on Naval Affairs, reported an panying papers, be, and t~~ same is hereby, i:eferr~d to the Court ?f Claims, in pursuance of the prov1s1ons of an act entitled '·An act to provide for the amendment authorizing the purchase, at a sum not to exceed brmging of suits against the Government of the United States," approved $200,000. of the steel floating dry dock belonging to the Govern­ March 3, 1887. And the said court shall proceed with t.he same in accordance mf'lnt of'Spain, now in the harbor of Habana. Cuba, intended to with the provisions of such act, and report to the Senate in accordance there­ be proposed to the naval appropriation bill, and moved that it be with. referred to the Committee on Appropriations and printed; 'which ARMY EXPLORATIONS IN ALA.SKA.. was agreed to. Mr. CARTER. From the Committee on Military Affairs I beg Mr. WARR.EN, from the Committee on Public Buildings and leave to submit a report in respense to Senate resolution agreed Grounds, to whom ·was referred the bill (S. 3335) to provide for to December 9, 1897,.directing the Committee on Military Affairs the purchase of a site and the erection of a public building thereon "to investigate and report to the Senate, at the earliest practicable at Laramie, in the State of Wyoming, reported it without amend­ date, the extent to which the Territory of Alaska has been ex­ ment, and submitted a report thereon. plored by the Army of the United States; and what, if any, aid Mr. McCUMBER, from the Committee on Claims, to whom the ATmy may be able to lend in opening, protecting, and main­ was referred the bill (S. 3435) for the relief of Poole & Hunt, taining the regular lines of communication exclusively within reported it without amendment, and submitted a report thereon. the territory of the United States from tide water to the interior He also, from the Committee on Pensions, to whom was refen·ed of said territory, and what measures may, with propriety, be the bill (S. 3527) granting a pension to Edwin M. Farnham, re­ adopted to avert hostilities with and to secure the friendly cooper­ ported it without amendment, and submitted a report thereon. ation of the native population of said territory in developing the Mr. MASON, from the Committee on Claims, to whom were re­ resources thereof." ferred the following bills, reported them severally without amend­ · This report has been delayed because of !he desire to incorporate ment, and submitted reports thereon: the results of explorations conducted durmg the year 1899. The A bill (H. R. 1454) for the relief of William L. Orr; and report now made, in addition to the introductory m_atter, em­ A bill (S. 3473) for the relief of Corinne Strickland. braces in narrative form the report of the Raymond expedition of Mr. KEAN, from the Committee on Claims, to whom was re­ 1869; the expedition under Gen. 0. O. Howard, of 18i5; of Petrof, ferred the bill (S. 876) for the relief of John E. Welch, reported in 1880: of 8chwatka, in 188a; Ray, in 1883; Abercrombie, in 1884; it without amendment, and submitted a report thereon. Allen, in 1885: E. Hazard Wells, in 1897-98; Richardson, in 1897- Mr. QUARLES, from the Committee on Pensions, to whom 1899; Ray, in 1897-98; Glenn, in 1898; Abercrombie, in 1898; was referred the bill (S. 3505) granting an increase of pension to Glenn, in 1899, and Abercrombie, in 1899. Edwin Culver, reported it without amendment, and submitted a The report will embrace, as I have heretofore suggested, in i·eport thereon. narrative form, the sum and substance of all the information ac­ He also, from the same committee, to whom was referred the quired upon these various expeditions. I submit the report from bill (S. 2152) granting a pension to Olive W. Lay,reported it with the Committee on Military Affairs, and ask that it be printed. an amendment, and submitted a report thereon. The PRESIDENT pro tempore. The Senator from Montana, in He also, from the same committee, to whom was referred the response to a resolution of the Senate, submits a report, which bill (S. 1599) granting an increase of pension to Cornwell M. Brill, will be printed. reported it with amendments, and submitted a report thereon. Mr. CARTER. The report consists of the packages here and Mr. LINDSAY. from the Committee on Pensions, to whom was the introductory matter I have handed to the Secretary. referred the bill (S. 4184) granting an increase of pension to Eve­ Mr. CULLOM. I ask leave to submit a conference report. lyn Neale Murray, reported it with amendments, and submitted Mr. CHANDLER. I ask the Senator to wait until after the a report thereon. morning business is through. Mr. FAIRBANKS, from the Committee on Public Buildings Mr. CULLOM. I will delay it if the Senator desires. and Grounds, to whom was referred the bill (S. 159) to provide The PRESIDENT pro tempore. If there are no further reports for the erection of a public building in the city of Grand Forks, of committees, the introduction of bills is in order. N. Dak., reported it with amendments, and submitted a report thereon. BILLS INTRODUCED. Mr. TILLMAN, from the Committee on Naval Affairs, to whom Mr. CHANDLER. By request, I introduce a bill for the pre­ was referred the bill (S. 2960) for the relief of Edward Kershner, vention of the denial or abridgment of the right of citizens of reported it with an amendment, and submitted a report thereon. the United States to vote on account of color. I am not prepared Mr. GALLINGER, from the Committee on Pensions, to whom to advocate the passage of the bill. I ask that it be printed and was referred the bill (H. R. 2331) granting an increase of pension referred to the Committee on Privileges and Elections. to Festus Dickinson, reported it without amendment, and submit­ The biJI (S. 4252) for the prevention of the denial or abridg­ ted a report thereon. ment of the right of citizens of the United States to vote on account EST A.TE OF HENRY 0, TOMS, DECEASED, of color was read twice by its title, and referred to the Committee on Privileges and Elections. Mr. McLAURIN, from the Committee on Claims, to whom was Mr. PLATT of Connecticut introduced a bill (S. 4253) to -pro­ referred the bill (S. 2242) for the relief of the estate of Henry C. vide for ascertaining the indebtedness of certain Osage Indians 4356 OONGRESSION AL RECORD-SENATE. APRIL 18, to th~ traders at the O:;i;ige Agency, and _for m~king payments upon The Senate, by unanimous consent, proceeded to consider the such mdebtedness; which was read twice by its title and referred resolution. to the Committee on Indian Affairs. ' Mr. PETTUS. I should like to hear the resolution read. He a1so introduced a bill (S. 4254) to allot lands of the Osage The Secretary again read the resolution. Reservation in severalty; which was read twice by its title and The PRESIDENT pro temnore. If there be no objection the referred to the Committee on Indian Affairs. ' resolution will be agreed to. .... ' · Mr. LODGE introduced a bill (S. 4255) granting an increase of Mr. HOAR. The Senator from Alabama wished to have the p~nsion to Frank Sn;tith; which was i·ead twice by its title, and, resolution read again. I should like simplyto saythatsomecom· with the accompanymg paper, referred to the Committee on Pen­ plaint comes from the Soldiers' Homes to me-I had rather a. sions. touching and impressive letter this morning-that the colored sol· . Mr. GALLINGER introduced a bill (S. 4256) granting a pen­ sion to James H. Thomas; which was read twice by its title, and die:s find ~heir. life rather hard, as not :finding it agreeable to the referred to the Committee on Pensions. white sold10rs m all cases to treat them on terms of entire equal· it!; and ~he question occurred to me wheth~r there were enough Mr. BAKER introduced a bill (S. 4257) for the relief of Decatur of them m number to warrant some separate provision for that Hamlin; which was read twice by its title, and referred to the class of old soldiers. The resolution merely asks for the number Committee on Military Affairs. of such persons; that ia all. Mr. PERKINS introduced a bill (S. 4258) relating to rights of way for canals and ditches used for irrigation and other beneficial . Mr. P~TTUS. :Mr. President, I am not opposing the resolution uses; which was read twice by its title, and referred to the Com­ m the sl!ghtest degre_e, but I wan~ to make a suggestion that may mittee on Public Lands. enlarge it. The soldiers have an msane hospital, or at least it is Mr. J.:INDSA~ introdu~ed a bill .(S. 4259) gr:;i.nting an increase called by that name or intended for that purpose, and it seems to of pension toAhce Worthmgton Wmthrop; which was read twice me that the Senator from Massachusetts might benefit mankind by its title, and referred to the Committee on Pensions. if he would enlarge it so as to include the insane asylum. I want Mr. RAWLINS introduced a bill (S. 4260) to provide for hold­ these people to have every benefit that can be put upon them if ing terms of court in the district of Ut.ah; which was read twice theY: are worth~ soldiers, bu~ I. think it is t~me .for S~nators to try by its title, and.referred to the. Committee on th~ Judiciary. to yield something to the op1mon of mankind m their own States Ml'. SHOUP mtroduced a bill (S. 4261) grantmg a pension to not going any farther South, and separate these people. They d~ Frances M. Cellar; which was read twice by its title, and referred not live in harmony in the hospitals, even insane people. They do to the Committee on Pensions. notliveinharmonywithyoru· soldiersfrom Maine and from Massa· ¥r. DANIEL (by re~uest) introduced a bill (S. 4262) for the chusetts. While I would have them provided for as well as any rehef of the estate of Richard Randall, deceased; which was read w~ite soldier o!l earth, let us consult t1!e comfort of both, and in· twice by its title, and refened to the Committee on Claims. quire whether it would not be best to give them equal comforts in He a1so introduced a bill (S. 4263) for the relief of Mary A. separate places. Diuguid; which was read twice by its title, and referred to the The PRESIDENT pro tempore. Without objection, the reiC4 Committee on Claims. lution will be agreed to. He also introduced a bill (S. 4264) for the relief of John B. Pur­ Mr. HOAR. Mr. President, if I may say one word, as the Sen.. year; which was read twice by its title, and, with the accompanying ator has made a challenge, I do not think the Senate with tha papers, referred to the Committee on Claims. present matters before it would desire that either I or the Senator Mr. CLAY introduced a bill (S. 4265) for the relief of Michael from Aiabama should take up this subject thia morning without Kries; which was read twice by its title, and, with the accompany­ special preparation for full and thorough discussion. I therefore ing paper, referred to the Committee on Claims. only asked that the Senate might by this resolution be informed .Mr. HOAR introduced a bill (S. 4266) relating to the removal of of the numbers of these soldiers at the Home and stop there. causes from State courts; which was read twice by its title and But as the Senator has undertaken to administer not exactly referred to the Committee on the Judiciary. ' a reproof, but an exhortation to me, hoping that I shall not ask for them any more than is granted in my own State, I beg to in­ AMENDMEl.~TS TO APPROPRIATION BILLS. form that Senator that in the colleges in Massachusetts and the Mr. NELSON submitted an amendment directing the Secretary schools, which I suppose are as good and are filled with as good of the Treasury to pay 8350 to Frederick von Baumbach, collector gentlemen and ladies as are to be found elsewhere, the colored of internal revenue at St. Paul, Minn., said sum being amount boy or girl takes his place as an equal-equal in the class, equal in deposited for revenue stamps never received by him, intended to studies, equal in the social life of the pupil. be proposed by him to the sundry civil appropriation bill; which I visited Amherst College a few years ago and was a guest of was referred to the Committee on Appropriations, and ordered to the distinguished President Seeley, a man famous and honored be printed. throughout the Union. The guest invited to meet me was an ad.. He also submitted an amendment directing the Secretary of the mirable young Greek scholar, a gentleman who sat by my side, Treasury to pay $350 to Frederick von Baumbach, collector of and by the side of the hostess a colored youth from North Caro­ internal revenue at St. Paul, Minn., said sum being amount de­ lina. I wish to say that so far as Massachusetts is concerned the posited for revenue stamps never received by him, intended to be Senator's reproof does not apply. proposed to the sundry civil appropriation bill; which was referred Mr. PETTUS. 1\fr. President, my only purpose was-- to the Committee on Finance, and ordered to be printed. The PRESIDENT pro tempore. The resolution is not before l\Ir. STEWART submit_ted an amendment directing the Secre­ the Senate. tary of War to make partial payment.a under conh·acts now exist­ Mr. PETTUS. How, sir? ing with the War Department for the purchaEe and erection of The PRESIDENT pro tempore. The resolution has been aii;reed pneumatic dynamite guns, carriages, etc., and ammunition for to. The Senator can speak by unanimous consent. Is there ob· the same, intended to be proposed by him to the fortifications ap­ jection? propriation bill; which was referred to the Committee on Appro­ Mr. PETTUS. The Senator from Massachusetts was not re· priations, and ordered to be printed. minded of that fact. I will ask unanimous consent. I do not Mr.. P~T'l'IGREW submitted an amendment proposing an ap­ want to debate it. propriat10n of $30,000 to enable the Secretary of the Interior to The PRESIDENT pro tempore. No objection is made. purchase and place upon the Black Hills Forest Reservation in Mr. HAWLEY. I think the Senator from Massachusetts was South Dakota, a herd of American buffalo, intended to be pro­ on the floor and addressing the Chair when the Chair declared posed by him to the sundry civil appropriation bill; which was that the resolution was passed. referred to the Committee on Agiiculture and Forestry, and or· Mr. PETTUS. Mr. President, I am not going to debate any dered to be printed. such subject new or at any future time. I leave that to the Sen· He also submitted an amendment proposing to appropriate a tor from Massachusetts. But my only pur!)ose was to get him $150,000 for the purpose of rebuilding and enlarging the military to enlarge his resolution so as to include the insane asylum when post at Fort Meade, S. Dak., intended to be proposed by him to he is asking for this information; that is all. the sundry civil appropriation bill; which was referred to the Mr. HOAR. I will consent to that modification. I ask unani· Committee on Military Affairs, and ordered to-be printed. mous consent that the insane asylum may be added, if there be a national insane asylum. I did not know that there was one. COLORED AND INDIAN SOLDIERS IN SOLDIERS' HO"MES. The PRESIDENT pro tempore. The resolution as modified is, Mr. HOAR. I submit a resolution for which I ask immediate without objection, agreed to. consideration. Mr. RAWLINS. I ask leave to inti·oduce a bill. The resolution was read, as follows: Mr. SEWELL. Has the inquiry in relation to the Soldiers' Home gone over? I did not happen to be in the Chamber. Resolved, That the Secretary of War be d.irected to inform the Senate of the _number of 9olored nn"1 Indian soldiers, or persons partly of African or The PRESIDENT pro tempore. It has. Indian descent, m the National Soldiers' Homes. Mr. SEWELL. The Senator objected to it? 1900. CONGRESSIONAL REOORD-SEN.A.rrE. 4357

'l'he PRESIDENT pro temp<>re. It has been agreed to by the tional taxes put upon it will wish to be considered and to be relieved Senate. from those taxes. Therefore, if we are going to get this informa­ Mr. SEWELL. Will the Senator object to having it read? tion, I think it ought to extend to all the subjects which were The PRESIDENT pro tempore. It has been agreed to twice. embraced in that law. Mr. CHANDLER. A motion to reconsider is in order. As I heard the resolution read, there is no reference to the amount The PRESIDENT pro tempore. Without objection, the vote derived from brokers' salesJ and a variety of sources from which uy which the resolution was agreed to will be reconsidered, and we derive revenue are not included there. If we are going to get the resolution is before the Senate. that information, so as to lay the foundation for intelligent action, Mr. SEWELL. I ask for its reading. we ought to have the revenue from all squrces. The PRESIDENT pro tempore. It will be read. Mr. GALLINGER. Mr. President, of course the resolution will The Secretary read the resolution as modified, as follows: go over if objection be made, but I simply want to restate my posi­ Resolved, That the Secretary of War be directed to inform the Senate of tion, that I desire for certain purposes data concerning the revenue the number of colored and Indian soldiers, or persons partly of Afriea.n or derived from the use of 'stamps, and I still think that there ought Indian descent, in the National Soldiers' Homes und national insane asylums. to be no objection to passing this resolution and permitting me to Mr. SEWELL. I have no objection to it, Mr. President. have the information that I desire for purposes which I do not The PRESIDENT pro tempore. The resolution, without objec­ care to state; and then if Senators want information on the gen­ tion, is agreed to. eral subject, let them introduce another resolution. However, I care nothing particularly about it. IMPROVEMEl~T OF NOOKSACK RIVER, WASHINGTON. Mr. SPOONER. Mr. President-- Mr. FOSTER submitted the following concurrent resolution; The PRESIDENT pro tempore. The resolution goes over under which was considered by unanimous consent, and agreed to: the objection. ..Mr. PLATT of Connecticut. I will withdraw my objection if Resolved by the Senate (the House of Representatives concurring), That the the Senator from New Hampshire feels that he ought to have this Secretary of \Var be directed to cause a survey to be made and an estimate submitted of the cost of dredging and otherwise improving the month of the information, and another resolution can be presented. Nooksack River, to the end that during the freshets tlle water of said river Mr. GALLll~GER. Let it go over. I am perfectly willing may be enabled to vass freely into the waters of Puget Sound without over­ that it shall go over. flowing the surrounding country. Should a further examination prove that it is not practicable to remove the accumulated dlibris from the mouth of The PRESIDENT pro tempore. Is there objection to the pres­ said river the Secretary of War is hereby directed to submit estimates of the ent consideration of the resolution? cost of opening a new channel for the mouth of said river. Mr. PLATT of Connecticut. The Senator from New Hamp~ WAR-REVENUE RECEIPTS. shire now says that he is willing that it shall go over. Mr. GALLINGER. Let it go over. Mr. GALLINGER. I submit a resolution for which I ask The PRESIDENT pro tempore. Objection is made, and it goes present consideration. over under tho rule. The resolution was read, as follows: PRINTING OF PORTO RICAN ACT. Resolved, That the Secretary of the Treasury is hereby directed to com­ municate to the Senate, at the earliest practicable day, a statement showing Mr. FORAKER submitted thefollowingresolution; which was the aggregate amount of revenue, since tho war-revenue law went into operation, derived from stamps on notes, bank checks, insurance policies, considered by unanimous consent, and agreed to: leases, mortgages, telograms, express shipments, and medicinal preparations, Resoli:ed, That there be printed 3,oOO additional copies of the act entitled each item to be stated separately. "A.n act temporarily to provide revenues and a civil government for Porto The PRESIDENT pro tempore. Is there objection to the present Rico, and for other purposes" (Public No. 69), approved April 12, 1900, and consideration of the resolution? The Chair hears none. Without that the samo be placed in the document room of the Senate. objection, it is agreed to. COMMISSIONED NAVAL OFFICERS. Mr. COCKRELL. Let the resolution be read again. M.r. CHANDLER submitted the following resolution; which The resolution was again read. was considered by unanimous consent, and agTeed to: Mr. HOAR. I think it would be well to have separately stated also the receipts from the succession to estates. I move to add Resolved, That the Secretary of the Navy be directed to inform the Senate, first, what was the total number of commissioned naval officers on the 31.si:; that. day of December, 1899; second, the number on shore duty; and, third, the .Mr. GALLINGER. I have no objection to that modification. number on leave of absonce or Q.71 furlough, or under orders other than to The PRESIDENT pro tempore. The Senator from New Hamp­ sea or shore duty; and also giving the above information as to each grade and shire modifies his resolution as follows: class of officers in the Navy. Mr. HALE. Would not the Senator also add the word "deeds?" HOUSE BILL REFERRED. Mr. GALLINGER. "Deeds" ought to be in, Mr. President. The joint resolution (H.J. Res. 235) authorizing the exhibit of I will accept any amendment enlarging the scope of the resolu­ Government relics at the New York Printing Exposition from tion. May 2 to June 2, 1900, was read twice by its title, and referred to Mr. HOAR. Why not include in a general order each separate the Committee on Appropri~tions. source under the stamp or other excise? Mr. GALLINGER. My purpose was to get information con­ PRESIDENTIAL .A.PPROV AL. cerning the revenue derived from what may be called stamp taxes, and I think it ought to be confined to that, so far as my A message from the President of the United States, by Mr. 0. L. purpose will be conserved. If Senators desire to get information PRUDEN, one of his secretaries, announced that the President had, regarding matters of taxation outside of the use of revenue on the 17th instant, approved and signed the joint resolution (S. R. stamps, I think another resolution ought to be offered for that 77) authorizin9; the printing of a special edition of the Yearbook purpose. of the United ;:states Department of Agriculture for 1899. The PRESIDENT pro tempore. Is there objection to the pres­ SEN.A.TOR FROM PENNSYLVANIA. ent consideration of the resolution? Mr. SPOONER. I ask to have it read. The PRESIDENT pro tempore. The morning business is closed, The PRESIDENT pro tempore. The resolution will be read and the Chair lays before the Senate the following resolution. once more. The Secretary read the resolution report.ad by Mr. TuRLEY from Mr. SPOONER. I did not hear it. the Committee on Privileges and Elections January 23, 1900, as The Secretary read the resolution as modmed, as follows: follows: Resolved, That the Secretary of the Treasury is hereby directed to com­ Resolved, That the Hon. Matthew S. Quay is not entitled to take his seat in municate to the Senate, at the earliest practicable day, a statement showing this body as a Senator from the Stato of Pennsylvania. the aggregate amount of revenue, since the war-revenue law went into operation, derived from stamps on notes, bank checks, insurance policies, Mr. CLARK of Wyoming. I askthatthatorderbetemporarily deeds, leases, mortgages, telegrams, express shipments, successions of estates, laid aside in order that I may ask unanimous consent for the pres­ and medicinal preparations, each item to be stated separately. ent consideration of House bill 5485. Mr. SPOONER. I move to amend by inserting after the word TERRITORY OF HAWAII. "preparations" the words "and beer." Mr. GALLINGER. That is all right. Mr. CULLOM. I sent to the desk some time ago a conference The PRESIDENT pro tempore. Is there objection to the pres­ report which I should like to have laid before the Senate before ent consideration of the resolution? any other business is taken up, if I may have it done. Mr. PLATT of Connecticut. I think the resolution might as The PRESIDENT pro tempore. The Senator from Illinois pre• well go over; and if I may be permitted to occupy one minute, I sents a conference report. will state my reason. Of course there is a desfre that the war­ The Secretary proceeded to read the report of the committee of revenue tax..shall be amended. If that subject is to be taken up, conference, but was interrupted by- everybody and every business and every interest that had addi- Mr. PETTIGREW. Mr. President, I should like very much to

• 4358 CONGRESSIONAL RECORD-SENATE. APRIL 18, have this conference report printed in the RECORD and go over Section 86, line 7, after the words "said district" insert the words "and said judge, attorney, and marshal shall hold office for six years unless sooner until to-morrow. I therefore ask that that may be done. removed by the President." · Mr. CULLOM. Of course if the Senate desires to have the re­ Section 86, lines 7 and 8, strike out the words "The district court for the port printed-- said district" and insert in lieu thereof the words "said court." Section 86, line 10, after the word" court" insert the words" of the United M1·. PETTIGREW. Simply in the RECORD. That is all. States." Mr. CULLOM. I suppose I have no right to object to the re­ Section 86, line 11, after the word "court," insert the words "and said quest, and shall not do so. judge,,district attorney, and marshal shall have and exercise in the Territory The PRESIDENT pro tempore. The Senator from South Da­ of Hawaii all the powers conferred by the laws of the United States upon the judges, district attorneys, and marshals of district and circuit <-ourts of the kota r.Mr. PE'ITIGREW] asks that the report of the conference United States. Writs of error and appeals from said district courts shall be committee on the Hawaiian bill may be printed in the RECORD. had and allowed to the ('ircuit court of appeals in the Ninth judicial circuit Mr. PETTIGREW. And also as a document. in the same manner as writs of error and appeals are allowed from circuit courts to circuit courts of appeals as provided by law, and the laws of the Mr: CULLOM. If the report goes oYer, I should like also to United States relating to juries and jury trials shall be applicable to said have the bill printed as it has been agreed upon, so that Senators district court." can see exactly what it is. Section 9'2, lino !, after the word "dollars," strike out the \vord "and." Section 92, line 6, after the word" and," insert the word "the;" after the Mr. PLATT of Connecticut. That is right. word "justices " insert the words" of the supreme court,'' and after the word Mr. PETTIGREW. I simply want the information in the "each," in line 7 insert the words "and the judges of the circuit courts, easiest possible way. $3,000 each." Section 92, lines 9 and 10, strike out the words "Territory of Hawail " and Mr. CULL0:\1. That will be the best way. insert in lieu thereof the words "United States." The PRESIDENT pro tempore. Is there objection to the i·e­ Section 9"~, line 11, after the word "thousand," insert the words "five hun- quest of the Senator from South Dakota [Mr. PETTIGREW] as it dred." · Section 92, line 12, strike out the word "two" and insert the word "three." has been modified by the Senator from Illinois [Mr. CULLOM]? Section 96, line 9, after the word "in," strike out the word "a" and insert The Chair hears no objection, and it is so ordered. in lieu thereof the word "such." The report is as follows: . Section 96, line 10, before the word "provided," insert the words "as may be." The committee of conference on the disa~·eeing votes of the two Houses Section 97, line 19, strike out all after the word "States" to the end of the on the amendment of the House to the bill (S. 222) to provide a government section. for the Territory of Hawaii, having met, after full and free conference have Section 98, line 2, strike out the words "permanent or temporary, on agreed to recommend and do recommend to their respective Houses as fol­ August 12," and insert in lieu thereof the words "on the 12th da"f of August." lows: Section 98. line 9, after the word "and," strike out all to and mcluding the '.rhat the Senate recede from its disagreement ~o the amendment of the word "act," in line 10. House, and a~ree to the same with amendments as follows: Section 98, lines 14 and 15, strike out all of said lines. Section 1, hne 3, after the word ••Ha wail," insert the words "in force." Section 99, line 3, after the word "on," insert the words "the 12th day of; " Section 4, line 5, after the word " States,'' insert the words "resident in and in the same line, after the word "August," strike out the word" twelfth." the Rawaiian Islands.'' Section 101, line 12, strike out all after the word "certificates" to and in­ Section 4, line 6, strike out the words "in the Hawaiian Islands" and insert cludin~ the word "acts" in line 22. in lieu thereof the word "there." Section lOi, line 1, after the word" effect" strike out the word "sixty" Section 5, line 1, strike out all after the word" That" to and including the and insert in lieu thereof the word "forty-five." word '·provided." · Section 104, line 3, after the word "section" strike out the word" fifty­ Section 5, line 2, after the word "Constih1tion ",insert a comma; after the word "and" insert a comma and the words "except as herein otherwise pro­ two" and insert in lieu thereof the word "fifty-three." vided;" after the word•· 8tates" insert the words" which are not." And the Honse agree to the same. Section 5, lines 2 and 3. strike out the word "applicable" and insert in lieu S. M. CULLOM, thereof the word "inapplicable.'' H. C. LODGE, Section 10, line 1, strike out the words "obligations, contracts." Managers on the part of the Senate. Section 11, line 2, after the word "shall." insert the word "hereafter." W. S. KNOX, Section 18. Strike out the whole of said section and insert in lieu thereof R.R. HITT, the following: JORN A. MOON, "Section 18. No idiot or insane person, and no person who shall be expelled Managers on the pm·t of the House. from the legislature forgiving or receiving bribes or being accessory thereto, and no person who, in due course of law, shall have been convicted of any RELINQUISHMENT OF SELECTED LANDS IN WYOMING. criminal offense punishable by imprisonment, whether with or without hard Mr. CLARK of Wyoming. I desire to ask unanimous consent labor, for a term exceeding one year, whether with or without fine, shall reg­ ister to vote or shall vote or hold any office in, or under, or by authority of for the present consideration of the bill (H. R. 5485) providing the government, unless the person so convicted shall have been pardoned that the State of Wyoming be permitted to relinquish to the United and restored to his civil rights." States certain lands heretofore selected and to select other lands Section 3t, line !, strike out the word "twenty-five" and insert in lieu thereof the word "thirty." • from the public domain in lieu thereof. Section 87, line 1, after the word "vacancies," insert the words "in the There being no objection, the Senate, as in Committee of the office of representative." Whole, proceeded to consider the bill. Section 37, lines 2 and 3, strike out the words "general or." Section 40, add at the end of said section the words •'in the district from The bill was reported to the Senate without amendment, ordered which he is selected." to a third reading, read the third time, and passed. Section 47, lines 3 and 4, strike out the word "chairman" and insert in lieu thereof the words "presiding officer." ABANDONED PROPERTY IN INSURREOTIONARY DISTRICTS. Section 49, line 5, strikeout the word "shall" and insert in lieu thereof the word "may." Mr. MONEY. I ask unanimous consent for the present consid­ Section 52, line 9, after the word "on "strike out the word "of;" also strike eration of Senate bill 602. out the word "Hawaii" and insert in lieu thereof the words "the Territory of Hawaii." The PRESIDENT pro tempore. The Senator from Mississippi Section 55, line 25, strike out the word "or," after the word "acquire," asks unanimous consent for the present consideration of a bill and insert in lieu thereof the word "and.'• which will be read to the Senate for its information. Section 55, line 37, after the word "allowed," strike out all to and in­ The Secretary proceeded to read the bill (S. 602) to revive and cluding the word "allowed," in line 38. and insert in lieu thereof the words "nor shall spirituous intoxicating liquors be sold except under such regnla­ amend an act to provide for the collection of abandoned property tions and restrictions as the Territorial legislature shall provide." and the prevention of frauds in insurrecti.onary districts wjthin Section 55, lines 72 and 73, after the word "States," strike out all to the end the United States, and acts amendatory thereof-- of the section. Section 60, line 13, strike out all after the word "paid" to and including Mr. HALE. I must object to the consideration of that bill. the comma after the word "year," in line H, and insert in lieu thereof the The PRESIDENT pro tempore. Objection is made. words "on or before the 31st day of March next preceding the date of regis­ Mr. MONEY. Iaskforinformation. Haveltherighttomove tration, all taxes." Section 62, in the title of the section, after the word "Senators," insert that the Senate proceed to the consideration of the bill? If so, I the words " and in all other elections." should like to move to take it from the Calendar. Section &ii lines 15 and 16. strike out all after the word "each," and in line l\lr. CHANDLER. Mr. President- 15 to and inc uding the word "party," in line 16. Section 73, line5, strike out all after the word "provide" to and including The PRESIDENT pro tempore. The resolution touching the the word "him," in line 17. election case from the State of Pennsylvania is the regular busi­ Section 73, line 19, after the word "granted," strike out the words "in ness of the Senate by unanimous consent. and by reason of that good faith." Section 76, line 6, strike out all to and including the word "be," in line 7, unanimous consent the Chair would hardly feel at liberty to hold and insert in lieu thereof" It shall be the duty of the United States Com­ that a motion could be made to displace it. missioner of Labor;" also, after the word" reports," in line 8, strike out all Mr. MONEY. I did not understand that the Senatorial case to and including the word "States," in lino 9; also, after the word "Terri­ I -wry," in line 10, insert the words" of Hawaii; " also. in line 13, strike out the from Pennsylvania was before the Senate. thought we were words "the legislature" and insert in lieu thereof the word "Congress;" still in the morning hour. also, strike out all after the word "to," in line 20, and insert in lieu thereof The PRESIDENT pro tempore. That case is before the Senate the word "Congress." until 2 o'clock, when, by the same unanimous-consent agreement, Section 80, in line 9, after the word ''forestry," strikeout the words" com· mis.c;ioner of labor." the Philippine bill will be the unfinished business. Section 80, line «,strike out all to the end of the section. Mr. CARTER. Mr. President, 1 now ask unanimous consent Section 82, line 2, after the word "and," strike out the words "not less that the pending resolution be temporarily laid aside, and that than." Section 85, line 6, strike out the words "house of representatives" and the Senate proceed to the consideration of Senate bill 3419, known insert in lieu thereof the word •'senate.'' as the Alaska bill. 8ection 86, line 1, strike out all after the word "that" to and including the Mr. MONEY. I object to that. word "States," in line 4, and insert in lieu thereof the following: "There shall be established in said Territory a district court to consist of one judge, · Mr. JONES of Arkansas.· Ia it the ruling of tLe Chair that who shall reside therein and be called the district judge." nothing can be taken up except by unanimous consent? • 1900. CONGRESSIONAL RECORD-SENATE. 4359

The PRESIDENT pro tempore. The Chair hardly feels at lib- form practice of all the civilized nations of the world, and con­ erty to rule touching a unanimous-consent agreeJI\ent; but the trary to the principles laid down by Dr. Leiber. I can also show unanimous-consent agreement was that the election case from that the Supreme Court not only has decided that it was not the Pennsylvania should be continually before the Senate, with the intention of Congress to divest these people of their property, but exception of the then unfinished business, which was the Porto that it was a trusteeship, and that the only thing lacking is a tri­ Rican bill, appropriation bills, and also the bill reported from the bunal before which the cestui que trust can prove his share in the Committee on the Philippine Islands. That was the unanimous- distributive fund. ·consent agreement. Mr. HOAR. May I ask a question of the Senator from l\Iissis- Mr. JONES of Arkan::ias. That the measures mentioned by the sippi? Chair have the right of way, the right to be considered; then, if Mr. MONEY. Certainly. none of these are presented. the Quay case has the right of way if Mr. HOAR. I desire to ask the Senator if he expects a vote on anybody wishes to be heard upon it; but if nobody wishes to be this measure to-day, or merely desires to have it called up for the heard, then I think the unanimous consent would be understood sake of making an argument, the substance of which he has just to mean that the business of the Senate would proceed in its reg- been stating, between now and 2 o'clock, when the Philippine ular order. matter will come up? The Quay case simply has the right to be considered if anybody Mr. MONEY. In reply to the Senator, I should be very glad, desires to make any remarks upon it; but if nobody wishes to take of course, to get a vote upon the bill as early as possible. If Sena­ it up for discussion, and none of these other matters, which were tora wish to be heard upon it, of course they have a right to be especially excep~ed, are to be present~d. then it seems to J'.!10 that heard, and I shall be glad to hear them; but I should like to have the regu~ar bi;smefls of the Senate nnght be pro?ee~e~ Wlth and this bill put in an attitude where it can be considered by the Sen­ any motion. might b~ made to proceed to the CC?ns1derat1on of any I ate. and where the facts and the law applying to the case can be other question pendmg the Quay case, upon which nobody chooses fullv considered to make remarks at this time. It seems to me the motion of the M~. HOAR p. h t thin th t - b Senator from Mississippi that the Senate now proceed to the con- . r., · er aps 1 may sugges some g a. 'W_l 11- e sideration of a special bill on the Calendar woulq not displace the ~atlSfac.t?ry to the. Senator and_ th~ Senate, and that _IS, if the pending business; but if taken up by the Senate it would be with '..:"'enator 1s ready_ with the c~nstitut10naJ argument wh1?h he has the distinct understanding that if at any time, even while that .inst stat~d he wishes to add1ess to the.;;enate at some time, that qne~tion was up . .fUY Senator chose to speak on the Quay case. he by ,unammous consent he ma~e that a!nu~ent between n?~ a:nd would have the right to do so; or if any of the other matters which 2 o cl?ck, ":~en the matter will. be laid aside and the Plnhppi~e were set aside were presented, they would come up for considera- question wd come up. If he will not undertake to press the bill tion; otherwise we sliould be in the attitude of having it under- to a vote at present- . stood that nothing what~ver could be done in the Senate except Mr. l\IONEY. I can not press it to a vote. . byunanimouscomentwhilethismatterispending,whichithink Mr. HOAR. T~e Senator has been already.mformed by the was never intended. Senator from l\fame. (.Mr. H~~E] that .there will be earnest and Mr. CHANDLER. Mr. President, I understood the Senator strenugus argument m.op.position to this measu~e, and u~ cou.;..se from Arkansas [Mr. JONES] to take that view the other day when every ...,enator knows it ~s a matter about which I ~e~1eve _che this question arose in the absence of the Senator from Massa- Supreme ~ourt of the Umted State3 was once evenly divided, if I chusetts [Mr. Ho .. rn]. am not mistaken...... I should like the privilege of saying to the Senator from Missis- Mr. B~RRY. No. If the Sena~r from l\1is~1ss1pp1 Wlll permit sippi [Mr. MONEY] that the bill which he proposes to take up will me, I thmk the Senator confuses this matter w1tb. the cotton-tax lead to a very long debate; and this is not an opportune time, it cases. seems to me, to move to take it up, even if a motion to take it up :Mr. HOAR. Tha~ may be. . be in order. It has not been ascertained that Senators do not wish Mr. BERRY. This has no relation to the cotton-tax cases? to speak to-day on the Pennsylvania case. I hope Senators will 80 Mr. MONEY. None whatever. . . . speak. At all events, I trust the Senator from Mississippi will Mr. BERJ!.Y.. ~he Supreme Court demded that this property withdraw his motion. I do not care to get into a discussion of the b~longed to md1v1dn~s. I understand the court.was equally_ d1- meaning of this unanimous-conEent agreement. I hope the Sen- ~ded npon the question of the cotton tax. This, however, is a ator will withhold his motion until some more convenient time· different matter. . otherwise it will certainly be antagonized. ' Mr. HOAR. Then. I was mistaken. Mr. HALE. Does the Senator from l\Iississippi withdraw his Mr.1\IONEY. I Wlll say to the Senator from ~assachuse~ts-- motion? Th~ PRESIDENT pro tempore. The debate 1s proc_eedmg by l\Ir. MONEY. No; I do not. unammous consent. q_ • • Mr. HALE. If the Senator·~ motion prevail, t.he Senate has . ~r. ~OAR.. I 1?-ope the ...,enate will allow the Sen~tor from M1s­ determined to take that bill up and has made it the business be- s1ss1ppi to m~ke hIS sp~ech; and then ~he matter will go over, of fore the Senate. It will then, as the Senator from New Hampshire course, at 2? cloc.k, as it will anyhow if taken up b~ a v.ote of th.e rMr. CHANDLER] says, be debated. at length. That is not a bill ~enate. It is a pity to make so doubtful a p:i;oceed1~F m op~osi­ ihat will be permitted to go through either by unanimous consent tiw The attempt has been made here two or three times to get a day how scrupulous and careful _he is on all such matters which m­ fixed when the bill should be voted upon; and the Senator may as volve personal arrangements m the Senate. well understand that this measure, whenever it does get up be- Mr. MONEY. Thank you. fore the Senate, will consume considerable of the time of the Sen- Mr.. HOAR. It.. seems to me, therefore, that perhaps the Sena- ate: and clearly, if taken up now, that will be the end of the Quay t

Mr. BERRY (to Mr. MONEY). Ask that the bill be taken up Mr. WARREN. That is true to some extent, but there are still in the morning hour to-morrow. further inquiries touching the bill, or some po!'tions of it, which Mr. MONEY. If the Senate will give me consent to have the the information received does not cover; and so I think the Sena­ bill go over until to-morrow morning, and that it then be taken tor will agree with me we should have that information. I do not up in the morning hour, I shall be very glad to have that arrange­ inject this statement in Ol'der to have the bill laid aside, but I do ment; or I am ready to go on now. not think we should have a unanimous-consent agreement to pro­ Mr. CARTER. l\ir. President, my understanding is that objec­ ceed to a final vote on it for some time yet. tion was made to the present consideration of the bill presented Mr. BERRY. Nobody proposes a final vote, but we want a by the Seriator from Mississippi; and in view of the fact that at time fixed for the considemtion of the bill. the time the Senate proceeded to the consideration of executive The PRESIDENT pro tempore. Does the Senator from Missis­ busine3s yesterday evening we were. in the midst of a discussion sippi make a motion? of a cer~in proposed amendment to the Alaskan bill, in order to Mr. MONEY. I make a motion to take up the bill now. facilitate the transaction of business, I ask the Senate to resume The PRESIDENT pro tempore. The Senator from Mississippi that discussion now, and attempt to-day, if possible, and if not, moves that the Senate proceed to the consideration of the bill to-morrow, to dispose of the Alaskan code bill. It is quite possi­ which he has mentioned. ble it will take some time for it to be matured into an act of Con­ Mr. JONES of Arkansas. I hope, if there is any question about gress even if passed by the Senate at an early date. the effect of that motion, that it will not be made. I believe that The PRESIDENT pro tempore. The Senator from Mississippi these unanimous-consent agreements ought to be observed with asked unanimous c011sent to take up a bill, and objection was the utmost good faith, and that there should be no appearance of made. He then made a motion that the Senate proceed to the con­ their violation in the slightest degree. I for one am not willing sideration of the bill named by him. The Chair did not rule to be a party to any violation of any such agreement at any time; whether or not the motion was in order, because it is not, in the but the construction of these unanimous-consent agreements opinion of the present Presiding Officer, his province to determine which is contended for by Senators on the other side, if correct, what the Senate means by a unanimous-consent agreement. If it seems to me is a good argument why there should never bo the Senator insists on making the motion, the Chair will feel unanimous-consent agreements hereafter. If, while one of the obliged to submit the question to the Senate whether or not the unanimous-consent agreements is pending, nothing else whatever motion is now in order. can be taken up except by unanimous consent, then I do not be­ Mr. CHANDLER. I make the suggestion to the Senator from lieve that any more unanimous-consent agreements ought to be Mississippi [Mr. MONEY] and the Senator from Arkansas [Mr. made; but if a single Senator believes that the :drotion of the Sen• JmrnsJ, who are both upon the floor, that the motion is in viola­ ator from :Mississippi, if adopted, would displace the unanimous· tion of the unanimous-com;ent agreement. consent agreement, or that it will be in any sense a violation of Mr. JONES of Arkansas. As I understand the motion of the the unanimous-consent agreement, I hope the Senator from Mis• Senator from Mississippi, it is to proceed to the consideration of sissippi will not make the motion, because I very much prefer to the bill na_med by him, not interfering in any way with the rights lose whatever right we may have, or even fail to press a bill of the Quay case, which has its rights under the unanimous­ which ought to be passed, rather than to have any appearance of consent agreement, or any of the other cases mentioned in that violating a unanimous-consent agreement. unanimous-consentagreement; but for the consideration of the bill, Mr. HOAR. I should like to inquire of the Chair, if I may be preserving the rights of all of those things already agreed to. permitted, whether if this motion to take up the bill should pass Mr. HALE. I do not suppose the Senator himself thinks that the Sanate, it would not displace the Quay case? he could make any such motion as that. The PRESIDENT pro tempore. Undoubtedly. Mr. JONES of Arkansas. Then, if that be the case, nothing Mr. HOAR. And whether the Chair would not be obliged to can go on except by unanimous consent. rule that the unanimous-consent agreement was destroyed? Mr. CHANDLER. That was what you said the other day. The PRESIDENT pro tempore. Undoubtedly the Chair would Mr. JONES of Arkansas. I do not think I said so. be obliged to so rule. Mr. HALE. There can be only one motion, which is to take Mr. HOAR. The statement of the Chair answers the question the bill up; which would, of course, put the other measures out of the Senator from Arkansas, that the Chair would be obliged to of the way. so rule. . Mr. CHANDLER. And ~hat would be in violation of the unani­ Mr. JONES of Arkansas. Then, is the ruling of the Chair that mous-consent agreement. a motion can not be made that, subject to all the rights of the Mr. BERRY. I wish to ask if there can not be an understanding Quay case, the Senate proceed to the consideration of the bill with the Senator from Maine, the Senator from New Hampshire, named by the Senator from Mississippi? and the Senator from Mississippi that some day be fixed in the The PRESIDENT pro tempore. The Chair is not disposed to early future, some morning hour, when this bill shall be taken up rule on the question of whether or not such a motion would be in and considered, not for a final vote, but to be considered after the violation of the unanimous-consent agreement. He would sub.. disposition of the routine morning business? mit that question to the Senate. It is not the province of the .Mr. CHANDLER. AHow me to say that the unanimous-consent Chair to construe unanimous-consent agreements. . agreement exph'es on Tuesday next. . Mr. JONES of Ai·kansas. The question I asked of the President Mr. BERRY. Well, I suggest that a time be fixed subsequent of the Senate was whether the motion made by the Senator from to that day. Mississippi, and made subject to all the rights of the Quay case · Mr. MONEY. What I desire is a vote. I am willing to have under the unanimous-consent agreement, would then displace that the discussion go on so far as the Senators who oppose the bill see case if adopted by the Senate? proper to maintain it. I do not want anything that is unreasona­ The PRESIDENT pro tempore. No. If so adopted, in the ble. I am perfectly willing to risk this case before the Senate opinion of the Chai!', it would not. upon its merits; but I do want to have the debate begun on it and Mr. MONEY. It would not? for it to have an established place, so that it will be secure at least The PRESIDENT pro tempore. Not if that case was excepted of settlement by a vote of the Senate. I do not want it put off from its operation. . morning after morning by objections being made. 1 repeat, that Mr. MONEY. That is my understanding of the case. I shall be very glad if Senators who object to the bill will agree Mr. CHANDLER. A conditional motion of that kind to take to fix a day or suggest a day for its consideration. up a bill is certainly not in order. A bill is either up or it is not Mr. CHANDLER. I will agree that next Wednesday, in the up. It is not up under conditions to be specified in the motion. morning hour, the Senato1· may move to take np the bill. Mr. JONES of Arkansas. The Quay case is up in that way Mr. BERRY. I ask unanimous consent that the bill be taken now. np at that time. .1\1r. CHANDLER. That is under the unanimous-consent agree. Mr.WARREN. Mr. President, before proceeding further, I ment. want to suggest that this is a bill which has been reported from Mr. MONEY. Pending the motion, I will ask for the consid· the Committee on Claims and that there are members of that eration of the bill to which I have referred on next Wednesday committee who have desh'ed further information, and letters have morning immediately after the routine morning business. been sent to the Department in relation to it. While I do not Mr. HALE. The bill is a very important one, and it involves wish to delay the matter at all, I do not think we shall hurry it the taking of a; very great amount of money from the TreasUl'y. by fixing at this time· a very near date for its consideration, be­ Mr. MONEY. About $5,000,000. cause, I think, when the consideration of the bill is proceeded Mr. HALE. I am not going to discuss its merits, but only to with, it will be necessary to get information of which we are not give the i·easons why I shall object to l\nything of the kind. · In now in possession. the present condition of the business of the Senate, with many Mr. MONEY. If the Senator will permit me, if he will look in impg1·tant matters looming before us which must needs be passed the papers he will find that the letters to which he has referred by l!ongress before we ad}ourn, and with the general desire that have been answered some time ago. we shall get away from here by the 1st of June, which I believe 1900. CONGRESSIONAL RECORD-SENATE. 4361

to be a clearly possible thing, I do not think that this bill is one temporarily laid aside, and that the Senate proceed to the consid­ of the class that should be taken from the Calendar and made eration of Senate bill 3419, known as the Alaskan bill. Is there special by agreement as to when a vote shall ba taken upon it. objection? Mr. BERRY. There is no proposition to take a vote, but only Mr. CHANDLER. There is no objection, unless a Senator to consider the bill. wishes to speak this morning on the Pennsylvania case. Mr. HALE. That is the same thing. It is a special order, and The Senate, as in Committea of the Whole, resumed the consid­ puts other things aside that are more important. With the feel­ eration of the bill (S. 3419) making further provision for a civil ing I have about it, and believing that the bill itself, if allowed to government for Alaska, and for other purposes. pas~, will subject the Treasury in the end to a drain of more th!ln The PRESIDENT pro tempore. The pending question, the ::;150,000,000, I must oppose it. I object to the proposition. Chair believes. is on the modified amendment offered-- Mr. MONEY. Will the Senator permit me to say a word to Mr. CARTER. The modified amendment has not beeq offered. him before be takes his seat? The pending amendment is that offered by the Senator from ~fr. HALE. I was only stating my objection. I have not the North Dakota fMr. HANSBROUGH]. floor. Mr. STEWART. Mr. President, I wish the Senate would re­ Mr. MONEY. This is not a door to any further claim upon the alize the importance of maintaining the integrity of the min1ng Treasury. It is the distribution of a trust fund, and it has no laws of the United States. Tho laws now upon the statute book relation whatever to the refunding of the cotton tax; it has no re­ are the result of much labor, experience, and consultation. They lation whatever to the cotton captured by the Union Army, called have not been amended since 1872. The people of a vast region Confederate cotton. It relates to that which was captured under of the United States in Alaska understand these laws. Previous the act of 1863, in which it was declared that it was not the inten­ to 1872 I gave the best years of my life to assisting in perfecting tion of the United States to deprive people of that class of prop­ them and making them suitable to the conditions of mining. erty. It is simply a fond which the Supreme Com·t of the United They grew up originally from miners' rules and regulations, made States said was a trust fund, and which can not be distributed by the miners themselves. because there is no tribunal which can make a distribution of the ·Gold mims were discovered in California in 1848. No legisla­ trust fund to the cestui que trusts. tion was had by Congress until July, 1866. In 1851, at the second The Senator must not be alarmed at the idea that it will lead to session of the legisiature of California:. a provision was incorpo­ any further conse:iuences. This is a thing of itself; and I shall rated in the practice act by J·udge Field, providing that the i·nles propose to strike out one clause of the bill that would seem to and regulations of the miners established and enforced might be imply that uomebody could bring a claim under this bill for any offered in evidence and, when not in conflict with the laws of the surplus which may remain in the Treasury. The fund is only United States or of the State, should govern the decision of the $4,992,000, as has been shown by reports of the Becretary of the action. Txeasury. So I hope the Senator from Maine will not entertain Mr. HOAR. Was that in the United States law or in that of the idea that this is preliminary suit which is to lay the inducement the State of California? for further claims upon the Government, for it does nothing of Mr. STEWART. The State of California. The United States the kind. It is a distribution of a trust fund. passed no law until 1866. Under this policy of nonaction by the :Mr. TELLER. This bill was reported from the Committee on Government of the United States, the miners continued making Claims and intended to cover only cases where the Government their rules and regulations. The courts passed upon them, and had seized cotton and put the proceeds into the Treasury. at the time we legislated there were reports of mining decisions Mr. PLATT of Connecticut. All property. of the States and Territories comprising probably a hundred vol­ Mr. TELLER. But it seems to me, on ~xamining it, that the umes. The principal part of these decisions was construing the language is broader than the committee intended. _The commit­ miners' rules and regulations. A perfect system was established. tee have reported this bill once before, but whether in the same I came here in the winter of 1864-65 and commenced to advocate language or not I do not know. legislation to ratify these rules. The property of a million men Mr. MONEY. It has been reported several times. rested upon these rules; in fa.ct, the whole community depended Mr. TELLER. The bill will need some amendments. The com­ upon them. The court had decided in a case which I argued· in mittee proposed, and we reported the bill upon the theory, that it February, 1865, that the miners had acquired property which did not apply to any abandoned property except the cotton seized gave the court jurisdiction under these rules and regula_t.ions and under the abandoned-property act and the money paid into the that they could not close their eyes to what had occurred. The Treasury. This is for the purpose of determining who are the Supreme Court held that the comts had jurisdiction, notwith­ owners of it, and that is all. standing the statutes of the Ucited States declared the parties to Mr. MONEY. That is all. be trespassers: Mr. TELLER. I wish to say to the Senator from Mississippi In July, 1866, an act was passed recognizing these rules and that I am sure he does not expedite matters at all by insisting on regulations, and confirming the title to the mines accordiDg to bringing up the bill now. The chairman has sent to the Treas­ the regulations made by the miners themselves. The statute aliw ury Department for information which I think is in the interest made provision for obtaining patents. But the statute was inad­ of the bill. I am myself in favor of the passage of the bill as the equate. There had not been sufficfant experience, and we com­ committee intended it, but certainly we must have that informa­ menced then to work out a system that would be satisfactory to tion here before we proceed, in the interest of the bill. The Senator the Government and satisfactory to the miners. I intrnduced a does not expedite matters at all by insisting now upon taking up bill at every session and sent it out to the miners to be considered the bill; and I speak as a friend.of the measure. I hope the Sena­ by them. We not only had a mining committee, but we agreed tor will let this pass until we get the information, and we will among ourselves on a committee of all the Delegates from the try then to get the bill up. I believe the bill can be brought up mining Territories and Senators and Representatives in both with the information we shall have and passed here with little or Houses from all the mining States. -we pursued this for four no opposition; but it must be somewhat amended, and we must years, considering every question in all its bearings, having all have some information, I think, ·to disabuse the minds of Senators the Delegates and all the Senators and Representatives interested who, like the Senator from Maine, think it may take a hundred present in addition to the mining committee. At the the end million dollars. It will take somewhere between five and six of four years the act of 1872 was passed, and is contained in the million dollars, I suppose. Revised Statut.es. l\fr. MONEY. Four million nine hundred and ninety-two thou­ Section 2319 is as follows: sand dollars. All valuable mineral deposits in lands belonging to the United States, both Mr. TELLER. Somewhere in that neighborhood. I think we surveyed and unsurveyed, are hereby declai-ed to be free and open to ex­ ploration and purchase, and the lands in which they are found to occupation can guard it so that it will take nothing except where the Govern­ and purchase by citizens of the United States an.1 those who have declared ment has got the nroceeds of the prope1·ty of people which it ought their intention to become such, under regulations prescribed by law, and ac­ not to hold. I ho_pe the Senator will let the matter pass for the cording to the local customs or rules of miners in the several mining dis­ present. · ' tricts, so far as the same are applicable and not inconsistent with the laws of Mr. MONEY. Considering what the Senator from Colorado has the United. States. said and his friendship for this measure, I am willing that it shall Section 2324 is as follows: go by now in order that Senators may be informed; and I hope The miners of each mining district may make 1·egulations not in conflict they will avail themselves of every opportunity to inform them­ with the laws of the United States or with the laws of the State or Territory in which the district is situated, go>ernin~ the location, manner of recording, selves before the matter comes up again. a ount of work necessary to hold possession of a mining claim, subject to the Mr. President, I desire to give notice, if I am in order, that ollowing requirements: The location must be distinctly marked on the after the usual business of the morning hour on next W ednesda gl"ound, so that its boundaries ca.n be readily traced. All 1'ecord.s of mining claims hereafter made shall contain the name or names of the locators, the I shall call up this matter. date of the location, and such a description of the claim or clai!Il.s located by reference to some natural object or permanent monument as will identify CIVIL GOVERNMENT FOR AL.A.SKA. the claim. On each claim located after the 10th of May, 1872, and until a patent has The PRESIDENT pro tempore. The Senator from Mo:atana been issued therefor. not less than $100 worth of labor shall be performed asks unanimous consent that the business before the Senate be or improvements·made during each year. On all claims located prior to the 4362 CONGRESSIONAL RECORD-SENATE. APRIL 18,

10th day of May, 1872, $10 worth oflabor sh>ill be performedoiqmprovements ceedings and judgment roll to the Commissioner of the General Land Office, mado by the loth day of June, 1874, and each year thereafter. for each 100 as in the preceding case, and patents shall issue to the sevfJral parties accord­ feet in length along the vein until a patent has been issued therefor; but ing to tboir respective rights. Nothing herein contained shall be construed where imch daims are held in common, such expenditure may be made upon to prevent the alienation of the title conveyed by a patent for a mining claim any one claim; and upon a. failure to comply with these conditions the claim to any person whatever. or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made: Provided, He can sell it to any person whatever, whether citizen or alien. That the or-iginal locators, their heirs, assigns, or legal representatives. have Now, under this arrangement the local com·ts have decided not resumed work upon the claim after failure and before such location. these disputes, and remember that they have been doing that both Mr. PLATTof Connecticut. And thelawhasnotbeenchanged before and since the passage of this law. It is now fifty-two years since? since miners commenced exercising these p1iviJeges, and you have Mr. STEWART. It has never been changed since, and there a Committee on Mines, composed of very respectable 8enators, has never been a serious proposition to change it until now. No who are able to act upon these matters, and they have time to de­ radical change has been made in the law. liberate if a bill is introduced and sent to them for consideration. Mr. President, I suggest the want of a quorum. I am not going I will read the names of the members of the Committee on Mines to talk on this subject without a quorum present. I shall suggest and Mining: WILLIAM M.' STBWART, of Nevada; 1\!Ancus A. HANNA, of Ohio; JOSEPH that point every time t t e Senate is thin. Sn.ION, of Oregon; CLARENCE D. CLARK, of•Wyoming; NATHAN B. SCOTT, of The PRESIDING OFFICER (Mr. MCCOMAS in the chair). The West Virginia.; B"E 'JAMIN R. TILL:UAN, of South Carolina; HENRY HEIT­ Senator from Nevada suggests the absence of a quorum. The Sec­ l!'ELD. of Idaho; WILLIAM A. CLARK, of Montana; MARION BUTLER, of North retary will call the ro1L Carolina. The Secretary called the roll, and the following Senators an­ They were selected with a view. as far as practicable, to seem·~ swered to their names: ing men who had some knowledge of t.he subject, and we are Bacon, Deboe, Lodge, Sewell, ready at any time to consider a bill if the mining laws need Bard, Fairbanks, McComas, Shoup, amendment. Bate, Foraker Mc!\fiUan, Simon, With regard to the alleged ur~ency for passing this unjust Berry, Foster, ' Martin, 8po:mer, Burrows, Gallinger, Mason, Stewart, amendment it is said that Laplanders ana Japanese and every­ Carter, Gear, Perkins, Taliaferro, body elsa are robbing the country of these mines and shutting out Cbandk:r, Hansbrough, Pettus. Teller, American citizens. In the first place, the prospectors for mines, Clark, \Vyo. Hawley, Platt, Conn. '.rurley, Clav, Heitfeld, Proctor, Turner, who take chances in mining, have been very successful in the last Cocki·ell, Hoar, Quarles, Vest, five years, and the result is the production of a thousand millions Culberson, Kean, llawlins, Warren, of gold, to which the prosperity of the country is indebted. If Darnel, Kenney, Ross. Wl'llington, Davis. Lindsay, Scott, "Wetmore. there had been no proEpectors for mines, or if the prospectors had not brnn successful, the conditions would have been such that Tbe PRESIDING OFFICER. Fifty-two Senators having re­ the gold men themselves would not have dared to present the bill sponded to th!ilir names, a quorum is present. The Senator from which was passed. Conditions would have been very hard; N evadn. "ill proceed. money would have been very scarce. Mr.STEWART. ~.fr.President,itisa consolation tome tolmow We never contended that the material gold or th0' material sil­ that there has never been a compla1nt made of any law tllat has ver was consequential. It was the quantity of lega.1-tender money been p : ~!"s e d with regard to mineR. It never has been charged that which made the difference between good and bad times, and these one ruan·s property was taken and given to another. On the con­ miners, who are real benefactors, are abused and slanderod by trary, such care was taken as to receive the general consent, and Senators. They are called Lapps and Japs and denounced as that general consent bas been continued. aliens in face of the fact that they have declared their intention The senior Senator from Colorado [l\1r. TELLER] and I tried for to become citizens. The fact that they discovered these mines two or three sessions to find a satisfactory method to obviate some ancl added to the prosperity of the country is denounced as a objections to the law, and gave it up. We thought it was better c:rime. Never before has there been such a flood of gold as the to let it alone, making no further effort in that line. hardy prospectors have furnished in the last four years. There There is no good reason assigned for these radical changes or is no truth in the charge that the country has been oveITun by for ta.nng this business out of the bands of the Committee on Lapps or Japs. Sheldon Jackson gives us an account of the Lap· Mines and Mining and transferring it to the Committee on Teni­ landers who were brought to Alaska by the War Department to tories 0 1· the Committee on Public Lands or to individual Sen­ m anage and raise reindeer. I read from bis report, Senate Docu­ ators, when no explanation can be made, when it can not be con­ ment No. 34, Fifty-fifth Congress, third session, page 46: sidered at all. None of these amendments which have been put. NATURALIZATION OF THE LAPPS. forward here have been considered. You can not· get a quorum As an evidence of the purpose of the Norwegians and Lapps recently to listen to a discussion of the question. No one will know any­ brought over from Lapland to become pol'manent citizens, the following per­ thing about it. Yon can not have these matters considered a.s sons have taken out their first naturalization papers: Magnusi Kjeldsberg, Johan Eira, Wilhelm Basi. Lauritz Stephansen, Johan Hilmar Hansen, Karl they were considered before. There was no subject as to which Johan Sacariasen. Ole M. Rapp. Alfred Hermansen, Ole Olsen Bar, Jeremias the people were equally taken into the confidence of Congress as Abrahamsen, Isak Johannesen Hatta., Isak Salamon sen Nakkila. Per Andersen, they were on this subject, and that confidence has not been mis­ Samuel Johannesen Balto, Nils Perron Sara. Nils Klemetsen, Lauritz Larsen, Otto M. Leinan. Hans Samuelsen, Ole G. Berg, Thoralf Kjeldberg, Peder Berg, placed. All controversies respecting m ining claims were turned Ole Johansen Stenfjeld, Karl Ove Suhr, Japeth Lindebarg, Ole Krogh, and over to the courts. If they had been brought here, there would Johan Petter Stalogargo. have been any amount of scandal, but in this very law it provides The Lapps are well satisfied with their new home, and promise to make a very valuable and important addition to the population of Alaska and the what shall be done. w·nen an adverse claim is made, it must be development of its resources. turned over to the courts. In my estimation, next to the discovery of gold, the most important event, This feature of the act 'has done more to work justice than can commercially, in the history of Alaska during this year is the importation of this colony of Lapps. Experience is rapidly demonstrating that the only pos­ be conceived. It was a long and tedious fight to reach it; but the sible efficient transportation service in Alaska must be through the use of matter was allowed to wait. and was finally satisfactorily arranged reindeer, and this necessitates the trained and expert drivers of reindeer by a proper committee, who were diligently at work on it for found among the civilized Lapps and Finns. The 68 men that were brought over by this expedition are all picked men and expect to be permanent set­ years. tlers of Alaska. They hope ultimately to ha\e herds of their own, and raise I will read section 2326: and train reindeer to sell to the transporto.tion companies. Their success Where an ad verso claim is filed during the period of publication, it shall will naturally attract others of their people, and render permanent the es­ be upon oath of the person or persons making the bame, and shall show tablishment of the reindeer industry in Alaska. the nature, boundaries, and extent of such adverse claim, and all proceed· In this connection I make acknowledgments of the assistance rendered ings, except the publication of notice and making and filing of the affidavit in the movement of the Lapps and reindeer by Brig. Gen. Henry C. Merriam, thereof, shall be stayed until the controversy shall have b een settled or de­ U.S. A., commanding the Department of the Columbia; also to Capt. W.W. cided by a court of competent jurisdiction or the adverse claim waived. It Ro~inson, jr., U. S. A., at Se'.lt~le; Capt. B. Eldri~ge, U.S. A.; C!l-pt. D. L. shall be the duty of the adverse claimant, within thirty <'lays after filing Bramard. U. S. A.; Ca.pt. W1ll1am R. Abercrombie, U. S. A.; Lieut. W. S. his claim, to commence proceedings in a court of competent jurisdiction, to Graves, U.S. A., and especially to my associate, Capt. D. B. Devore, U.S. A., determine the question of the right of possession, and prosecute the same who shared with me in the perplexities, difficulties, and hardships encoun­ with reasonable diligenc€1 to final judgment; and a failure so to do shall be tered in Lapland. a waiver or bis adverse claim. There is no evidence whatever that there is a single Japanese in After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further all Alaska. The pretense that foreigners are crowding out native- ' notice, file a certified copy of the judgment roll with the register of the born citizens is simply false. laud office, tog-ether with the certificate of the surveyor-general that the Another equally false pretense is made as an excuse for radical requisite amount of labor bas been expended or improvements made thereon, and the description requirell in other cases, and shall pay to the receiver S5 legislation against foreigners. It is Eaid that our people have per acre for bis claim, toget her with the proper fees, whereupon the whole been treated badly by Canacl;an authorities and we must retaHate; proceedings and the judgmfl nt roll shall be certified by the register to the that we must pass some severe laws. A greater mistake never oc­ Commissioner of the General Land Office, and a pa.tent shall issue thereon tor the claim. or such p or tion thereof as the applicant shall appear, from the curred. In the first place. the Canadian government have treated decision of the court, to rightly possess. AII}~rican citizens precisely as they have treated their own citi­ If it appears from the decision of the court that several parties are entitled ze-Mi, with one excepti')D, and that they are rectifying. They are to separate and different portions of the claim, each party may pay for his pol'tiou of the claim, with the proper fees, and file the certificate and descrip­ desi~us of having reciprocal benefits with us in this country, and tion by the surveyor-general, whereupon the register shall certify the pro- they have manifested it. I have a correspondence with them and 1900. CONGRESSIONAL RECORD-SENATE. 4363 the State Department here to show the condition of feeling there. Mr. STEWART. The Laplanders discovered it, of course. The statutes of Canada relating to mining I called attention to be­ They made the location. fore, but I want to do so again in this connection. Mr. PLATT of Connecticut. But had gold been discoverea be­ STATUTES 01l' CAN.A.DA REr...A.TING TO MINING. fore they came? Laws· of Canada, 1898, English edition, under the head of "Or­ Mr. STEW ART. That is a disputed point. The Laplanders ders in council," etc., page xxxix, regulations govenling placer went in first and made the first location, and the presumption is miningin the YukonNorthwestTerritories; title,'' Interpretation:" that they discovered it. . Mr. PL.A.TT of Connecticut. I only asked the quest10n to ob­ Free miner shall mean amale or female over the age of 18, but not under that age, or joint-stock company, named in and lawfully possessed of a valid tain the information as a matter of curiosity. existing free miner's certifi.cat3, and no other. Mr. CARTER. If the Senator from Nevada will permit me a Page XL of Laws of Canada, 1898: moment, I call the attention of the Senator from Connecticut to a FREE MINERS .A.ND THEIR PRIVILEGES. communication which appears in the RECORD which seems to 1. Every person over but not under 18 years of age shall be entitl_ed to all have been addressed to the President of the United States on the the rights and privileges of a free miner, ,. * • and shall be considered a 25th of May, 1899, signed by some thirty or forty or probab~y .fi~ty free miner upon taking out a miner's certificate. * * * residents of the Cape Nome country. In the fourth subd1VJs1on 2. A free miner's certificate may be granted for one year * * * upon the payment therefor of the sum of $10. of the communication the following statement is made: That was to citizens and to aliens alike. There was no distinc­ Fourth. That the aforesaid H. L. Blake and one N. 0. Holtberg made the first discovery of gold during the summer of 1898, in what is now known as tion made. Cape Nome mining district. At page L of the above volume, regulations concerning q~artz mining chums, part l, "every person over the age of 18 shall be collSldered a free Mr. PLATT of Connecticut. Who were Blake and Holtberg? miner. A free miner's certificate runs for one year." Mr. CARTER. They were citizens of the United States. Royalty to be paid: At page XLIV, section 30, of above volume, a royalty of Mr. PLATT of Connecticut. Soldiers? 10 per cent of the gross. product from any placer mine is exacted, bu~ this royalty is not to be applied where the amount of gold taken out of anysmgle Mr. CARTER. No, sir; they were prospectors. claim is less than $.5,000 in any single year. And afterwards imparted the information of such discoveries to their N OTE.-Formf}rly the amount of exemption was $2,500. but this was cJ:iange~ supposed friends, H. P. Anderson and H. E. Carlson, the Swedish mission­ by order in council of March 30, 1899. (See Statutes of Canada, English edi- aries, respectively at Golovin Bay and Unalakfot, and it was agreed between tion, 1899, page LXVII.) . . . them that they would return to said district together at a later date and or­ There is no royalty exacted from quartz mmers, and there IS no alien law ganize a mining district. The aforesai'd missionaries, disregarding their as applied to such claims. promise, secretly and clandestinely and unknown to the said Blake, organ­ The great majority, I suppose 75 percent, of the money we have ized a party consisting of E. LiJ?.dbloom, E. Linder~rg (who i~ employed by the United States Government m the ca.re of the remdeer stat10n at Eaton), taken out of their quartz claims. Now, this is the British Colum­ W. C. Price, and E. N. Kittelsen, and 12 Laplanders (whose names are un­ bia mining law that was passed against aliens about which corre­ known) in the United States Government employ, and sent them ro Cape spondence was had, which I will soon refer to. Nome to locate mining claims in the aforesaid Cape Nome mining district and organize the same, and they did so locate many claims and organize said BRITISH COLUMBIA YTh""ING L.A. WS. district. In January, 1899, a law was passed by British Columbia. confining the issu­ ing of miners' licenses for placer mining to British subjects. This act applied Mr. STEWART. I do not believe a word of that, because those only to claims located after February 3, 1899, the date when the news of the people do not show any knowledge of the subject. They narrate change from free mining reached Atlin, British Columbia. P!evious to this tree miniug for both quartz and placer was allowed. There IS a 1 per cent wild stories which bear the marks of falsehood. The place from royalty on gro~s output in certam classes of ~~nes.in British Columbia !n which this Munchausen story originated is about 200 miles from lieu of the ordmary property tax. Quartz mmmg IS free to all persons m Cape Nome. No one of the signers states that he was at Cape British Columbia. (Engmeering and .Mining Journal, volume 67, at pages lOi, Nome or that he knows any fact connected with the mines of Cape 126, 146.) Nome of his own knowledge. Atlin is not in the Yukon country; this is British Columbia. If those men had found mjnes, they would have located them. In the Yukon country there is a large area of free mining, and is It is the first instinct of a miner if he finds a mine to make a loca­ still. Free mining has not been interfered with; but Atlin was a tion. They made no mark there. I do _not believe they were mining district in British Columbia south of the Yukon country. there. I believe these Laplanders were the first, because they wel'e There some mines were found and there was complaint. All this the first who made a location. complaint grew up about the treatment of our miners there, and Mr. CARTER. That may be. I merely read the statement about which the correspondence with the State Department took which was addressed to the President. place. But I see by the papers that, in pursuance of the sugges­ Mr. STEW ART. He signed it fur the ieague, did he not? tion in this correspondence, they have contrived a plan to have Mr. CARTER. No, sir; there are a number of persons who free mining in Atlin ana to be much more liberal. seem to have subscribed to the paper. "Atlin open to Americans" is a heading in this morning's Post. Mr. STEWART. That is a law and order league of certain ATLIN OPEN TO .A.MERJOANS-CH.ANGE OF CAN.ADA'S POLICY TOW.A.RD .A.LIEN citizens. . MTNERS IN THE KLONDIKE. The PRESIDING OFFICER. Will the Senator from Nevada MONTREAL, April 17, 1900. suspend a moment. The hour of 2 o'clock having arrived, the Hon. Smith Cnrtis, minister of mines in the British Columbia cabinet, an­ nounces that the alien-labor law, which was passed by the British Columbia Chair will lay before the Senate the unfinished business, which le~lature at its last session to exclude American miners from the Atlin dis· will be stated. tnct, will be repealed ~t the. July session. of the legislature. To allow.Amer­ The SECRETARY. A bill (S. 2355) in relation to the suppression icans to work placer mmes m the meantime, the government has decided to grant free miners' certificates to companies incorporated under the laws of of insurrection in and to the government of the Philippine Islands, the province of British Columbia. ceded by Spain to the United States by the treaty concluded at .As the expense of incorporation is small, the Americans holding claims, or Paris on the 10th day of December, 1898 . desiring to do so, can follow out their inclinations with little more trouble Mr. CARTER. I ask unanimous consent that the unfinished than British subjects. After the law is repealed all will be on the same footing. business be temporarily laid aside. 'l'hey have taken measures to rectify that wrong on the repre­ The PRESIDING OFFICER. If there be no objection, the sentation of our State Department, and inasmuch as the legislature unfinished business will be laid aside temporarily. does not meet until July, they have authorized American miners Mr. NELSON. Will the Senator allow me to call his attention to form corporations and to work their mines, showing a liberal to one fact? spirit on thejr part. The correspondence with the State Depart­ Mr. STEWART. Certainly. ment shows a proper spirit on the part of the Canadian authori­ Mr. NELSON. Right in this paper that the Senator from Mon­ ties, in that they compare our laws with theirs and want to meet tana has called attention to there is an affidavit from Dr. Kittel­ us more than halfway. sen, who describes who the first discoverers of gold at Cape Nome This is extremely important, because if we have prohibitory laws were. Dr. Kittelsen is known both to myself and the Senator and if the Canadian government and Russia do the same, it is from Wisconsin. He was born in the county where the Senator going to make mining in the Arctic almost impossible. If any lives. There is his affidavit, and he is as reliable a man as could person finds a mine in the Arctic he is a world-wide benefactor. be found. This statement that the Senator from Montana has It is only the most hardy who can do it. read is untrue and is disproved by the statement of Dr. Kittel.sen These Laplanders who are so abused here in the Senate Cham­ under oath. ber have conferred greater benefits upon this country than that Mr. JONES of Arkansas. What document does the Senator number of American citizens, I do not care where you find them. refer to? They have opened and led the way to a great accumulation of gold Mr. NELSON. I am referring to Senate Document No. 272. to assist jn our prosperity. They are hardy and industrious men, 11Ir. STEWART. I was just about to read that document in and every one of them has declared his intention to become a citi­ connection with my statement. zen. A few of them made a mistake~ They were told by the offi­ :Mr. CARTER. What is the document? cers that they could make their declaration of intention before a Mr. NELSON. It is Senate Document No. 272 of this Congress. United·States commissioner. Mr. STEWART. Now, I will read as a part of my remarks Mr. PLAT'!' of Connecticut. Isitwellsettled who did discover Dr. Kittelsen's statement, whjch bears every impress of verity, gold at Cape Nome? and the fact that the law and order leaguers, 150 miles away, 4364 CONGRESSIONAL RECORD-SENATE. APRIL 18,

did not locate shows that they did not know anything about it. them in this way in th~ Senate of the United States when upon The idea that they would not have located rich mines if they had them depends so much of the prosperity of the wor:d in opening found them anywhere is absurd. It is too wild a story to be be· up this region in which the gold of the future is lodged? The arc· lieved. I now read from the affidavit of the recorder of the dis· tic region depends for its development on Russia. the United trict, Dr. Kitte!sen: States, and Great Britain, and here we have a conciliatory spirit DISTRICT OF COLUM.BIA, City of Washington, ss: on the part of the Canadians. Albert N. Kittelsen, M. D., being fir3t duly sworn, on oath says that he is They are willing to come half way and more. I read from this a. citizen of the United States, and bas been a resident of the Territory of mcrning·s Post what they have done in announcing that they Alaska &ince 1896; that he arrived at Cape Nome, Alaska,aboutOctober,1898; that prior to that time there were three men located at Cape Nome; two of agree that free mining should be opened on the 1st of .Tuly, in the them were t:lwedes by birth, but had been in the United States some ten to meantime allowing Americans to work under corporations easily fifteen years; the third was a Norwegian. Two other persons went there formed, which is practically free mining. I sea IJy some papers with rue; one of them a Laplander and one an American citizen. The Laplander had declared his intention to become an American citizen that come from Juneau that free mining is already realized there. in the early spring of that year, and his declaration was filed before L. B. A Juneau paper says: Shepherd, who was a United States commissioner at St. Michaels. 'l'he six W. M. Brook is in the city en route to AtUn, where he has a grant from persons who were then at Cape Nome located claims; some of them had lo­ the British Columbia government to work the Stevendyke by hydraulics. cated previous to our arrival. We then formed a mining district and adopted Mr. Brook was formerly mining at Letuya Bay. rules and regulations under the hws of the United States. I was elected re­ corder. Now, this comes from another paper in Juneau. They have a They were all citizens, or had declared their intention to be­ daily paper there, by the way. come citizens, except one Laplander, and he had declared it before W. :M:. Brook, formerly of the Lituya. Bay Gold Mining Company, has se­ cured a grant from the British Columbia government for working the Ste­ a commissioner. vendyke in the Atlin district. This is a great hydraulic proposition, and Mr. Mr. BATE. He believed he had a right to do it? Brook expects great things from it. .Mr. STEWART. Believing that he had a right to do it. I con· .Mr. Brook is an American citizen. tinue with Dr. Kittelsen·s affidatit: In connection with the opening of the Atlin mines to American A few weeks after that miners from the surrounding country commenced citizens, I should like to have the Secretary read what the privy com~ng in, and during the following winter the number rose to between 200 and 300. I recorded all their claims, and in every sense wa!:' recognized and council say in answer to letters from the Department of State. acted as mining recorder. The first Laplander located three good claims-one The State Department very properly, and more patriotically than for himself, one for his brother, and one for an associate, who arrived soon some Senators, has been trying to have this region oi::ened. I have after and took possession and worked the claims. These Laplanders worked their claims during the working season of 1899, and sold out to Mr. Lane in been talking it everywhere, in season and cut of season, that we the fall of 1899. must harmonize these matters, so that our miners can go into One Norwegian located claims on about six different streams and has been British Columbia and their miners can come here: so that the in possession of them ever since. The claims of these Laplanders, while hardy miners everywhere may mine in the arctic region; which tbey were in possession a.nd working them, were located by other persons called "jumpers." is now the only hope of mankind so-fa.r as we know. Let us de­ Later on the claims of the Norwegian were relocated by" jumpers" and velop the mineral resources of that region. recorded by me, because it was my duty to record all claims presented for Do not abuse the hardy men who go into that region; do not recordation. I was so instructed by the judge of the district court. In the summer of 1899 three lawyers located themselves at Cape Nome, misrepresent them and say they are aliens and that they are rob­ whose names were Hubbard, Beeman, and Hume. These relocators, although bing American citizens when they are there furnishing labor for they did not take possession Ol" work upon the claims .they relocated or American citizens, and thousands of American citizens are flock­ "jumped," employed Hubbard, Beeman & Hume as thell' attorneys. Mr. Hubbard, of the firm of Hubbard, Beeman & Hume, an attorney for the relo­ ing there, steamers are going up there constantly; and notwith· cators, is in the city of Washini?ton. I met him on the 5th of this month in standing all that, those hardy pioneers arn abused on the floor of the committee room of Senator HANSBROUGH. the Senate, and it is proposed to confiscate their property and pass I have no interest whatever in any of the "jumped" or relocated claims, either as original locator or ralocator, and no private interest th:i.t would be harsh laws against them. I will fight and protest against such affected by any of the proposed legislation. ALBERT N. KITTELSEN. laws, for I have seen all these things. Such legislation can not be secured without a protest. There will be a protest, and there Sworn to and subscribed before me this 6th day of April, 1900, at \Va.sh­ ington, D. C. will be a long and a serious one. LSEAL.] ELKANAH N. WATERS, I ask the Secretary to read the extract from a report of the com­ Notary Public. mittee of the honorable the privy council, approved by his excel­ Mr. TELLER. Mr. President, I suggest the want of a quorum. lency on the 16th of August, 1899, sent through the Secretary of The PRESIDING OFFICER. The Secretary will call the roll. State as part of the correspondence he has· had on this subject. Mr. STEWART. I do not want to have these men's property The Secretary read as follows: taken without a hearing. Extract from, a report of the committee of the honorable the p1·ivy council, The Secretary called the roll, and the following Senators an· approved by his excellency on the 16th .August, 189:J. The committee of the privy council have had under consideration a dEr swered to their names: patch, hereto attached, dated 7th April, 1899, from Her Majesty's ambassador Bacon, Frye, . McLaurin, Shoup, to the United States, transmitting a communication from the Secretary of Bard, Gallinger, McMillan, Simon., State for the United States, inclosing a petition to the President of the United Bate, Hale, Nelson, Spooner, States from a number of citizens resident in the Atlin districts of British Carter, Hansbrough, Perkins, Stewart, Columbia enga&'ed in mining, representing that, having taken out free miners' Chandler, Hn.wley, Pettigrew, Taliaferro, certificates unaer the laws of British Columbia, they proceeded to locate Clark, Wyo. Heitfeld, Pettus, Teller, placer claims in tbe Atlin district; but before they were able to record their Clay, Jones, Ark. Platt, Conn. Turley, claims an a.ct was passed by the legislature of British Columbia entitled "An Cockrell, Kean, Quarles, Vest, act to amend the placer-mining act," the effect of which it is alleged was to Culberson, Kenney, Rawlins, Wellington. deprive the petitioners of the proprietary rights to an:rplacer mines which, Fairbanks, Lindsay, Ross, though staked, had not been recorded prior to the pn.ssmg of the act. Foraker, Lodge, Scott, The Secretary of State, towhom the matter was referred, observes that the Foster, McOomas, Sewell, dis"Ratch from the British ambassador, with the inclosure from the Secretary of State at Washington, including a copy of the petition, was sent to the The PRESIDING OFFICER. Forty.five Senators having re­ lieutenant-governor of British Columbia, requesting him to obtain from his sponded to their names, a quorum is present. The Senator from ministers an expression of their views on the complaints of the petitioners. Nevada will proceed. An answer has now been received, which in effect declares that the state· ments in the petition are very much exaggerated; that under the mining Mr. STEW ART. Mr. President, when the Senator from Mon· laws of the Province no right can be acquired until the claim has been re­ tana interrupted me to interpolate hearsay evidence and to incor· corded, and that all recorded claims are exempted from the operation of the porate in the RECORD a wild rumor which bas no foundation in act referred to. The government of British Columbia, reco~in~, however, that possibly fact I was speaking of the importance of friendly relations with tbrourrh lack of sufficient facilities forrecordmg clallJls there may have been Can~da and of having this va::it region open for the benefit of some fnsta.nces wherelocatees were unable within a reason:i.blo time to record mankind, and I was speaking of the miners as benefactors. their claims, introduced an amending act in the same session, which was Not one in a hundred makes a fortune; not one in a thousand; adopted, authorizin"' the appointment of a :iudge of the supreme court as a commissioner with full power to settle all disputes in that district in accord· but the mining instinct leads them on to go to the Arctic Ocean ance with equity and the spirit of the mining acts, without being bound by and endure all sorts of hardships, and the world is receiving the the strict letter of the law. benefit of it. A thousand million dollars in four years is not the As the report of the judge has not yet been made public, it is impossible to say how wide a discretion ho has exercised in considering claims of Amer­ only benefit that the country has had, but it is the only founda­ ican miners actually loc::i.ted but not recorded prior to the 18th January, 1899, tion of our prosperity. the date of the pasSing of the act amending tho placer-mining act. If, how· We would have had prosperity all the time if we bad not been ever, any reliance can ba placed on newspaper reyorts, it would nppearfrom tho extracts hereto attached, taken from the Victoria Daily Times of the deprived of silver, and now they want to deprive us of gold by 12th and 17th July, 1899, that the judge was disposed to be influenced in his preventing innocent men from mini~g in the Arctic and denot?D.C· decision by the equities of the case rather than by the sh·ict letter of the ing them as Lanps and J aps; denouncrng these Laplanders as aliens statute. The public lands in British Col umbi:J. belong to the province, and the policy who have all -declared their intention to become citizens, these of granting or of withholding licenses to aliens is under the exclusive control hardy men who are SC? beneficial t? the count:Y. and who will C01;1· of its legislature, and it would be contrary to the spirit of the constitution to tinue to be so benefimal, because if the Arctic is to be explored it interfere with a provincial act dealing with the disposition of its public lands. For the pa.st thirty years the mining laws of British Columbia have been must be done by Finns, Swedes, Norwegians, and Laplanders­ of the most liberal character, and citizens of the United States have derived the.y will go there and do it. larger profits from the mines of that province than a.ny other nationality. No other countrymen can do it as well. Why should we abuse It is no exaggeration to say that over 75 per cent of the mineral wealth of I _I

1900. CONGRESSIONAL RECORD-SENATE. 4365 the Kootena.y district in southern British Columbia. has gone to enrich Anwr­ attempt to discriminate between the native-born and the naturalized citizen, ican citizens, and the firstrestricti\'C legislation introduced is the act referred nor to throw any difficulty whatever in the way of an alien desiring to be­ to relating to placer mines, and which seems to have been suggested by sec­ come naturalized; all that is done is to say our placer mines are re.<;erved for tion Z319 of the mineral-lands act of the United Smtes. those who a.re vrepared to acknowledge their obligations as citizens of the The contrast heretofore between the mining laws existing on the north British Empire. side of the fm'ty-ninth parallel and the laws on the same subject that prevail Taking up the complaints in the petition seriatim, we would say any rights on the south side of that parallel of latitude, has been so marked as to fre­ acquired by the petitioners have been preserved to them. The legislation quently evoke strong comments. Section Z319 of the Revised Statutes of the complained of specifically exempts all claims recorded prior to its passage, United States relating to mineral lands reads as follows: and provides for the unimpeded working of such claims by the holders, al­ "All valuable mineral deposits in lands belonging to the United States, though aliens. A reference to the mining laws will show that their whole both surveyed and unsurveyed, are hereby declared to be free and open to tenor is, as it necessan1y must be, that no right i<; acquired until a claim is exploration and purchase. and the lands in which they are found to occupa­ recorded. As already stated, all such rights are scrnpnlously respected. It tion and pm·chase, by citizens of the United States and those who have de­ may bo well to uote this, as a. casual reader of the petition unacquainted with cla1·ed their intention to become such, under regulations prescribed by law, the facts might naturally suppose that such claims had been confiscated. and according to the local customs or rnles of miners in the several mining The Government, with the sanction of the legislature, had an unquestioned districts, so far as the same are applicable and not inconsistent with the laws ri$'ht to reserve any lands they might think fit from the prospector and of the United States." mmer. They might have said the Crown retains in its possession for the The clause on the same subject in the British Columbia act referred to present all mines and minerals the property of the Crown in the northern grants, the rights and privileges of a British subject in ta.king up placer­ part of the Province, and no one will be allowed to prospect for or appropri­ mining claims; also "to those who have declared their intention t-0 become ate minerals in that section. Such a course might have been taken with a such." The sinnTu.rity in the language of the two sections is noticeable. view of working these claims for the Crown for its own direct benefit or with The public lands in the Northwest and Yukon territories belong to the the purpose of having these claims in reserve after the mining interests in Federal authority, and American citizens have availed themselves of the lib­ the other parts of the Province had been more fully developed. eral laws of the Dominion to acquire mineral lands and mining rights in the Suppose such a course had been adopted; that all the miners had been ex­ Yukon in a. greater proportion than any other nationality, and the reports of cluded from the lands in question. The absurdity of the petitioners' claims tho gold dust now arriving at Seattle and other American ports confirm the wonld be seen at once, and the absurdity exists no less, although the reserve impression that the citizens of the United States are receiving a larger share thus made has been relaxed so far as citizens are concerned. The grieva.nee of the wealth of the Yukon than even Canadians. of the petitioners is really not that they are shut out, but that others are It is no doubt trne that by section 13 of chapter 299, approved on the Uth admitted. of May, 1898, which reads as follows: The fifth clause of the petition claims that the petitioners had acquired "SEC. 13. '!'hat native-born citizens of the Dominion of Canada shall be vested rights by taking out free miners' certificates, not only to the right<> accorded in said district of Alaska the same mining rights and privileges ac­ granted by such certificates at the time, but to renewal in perpetuity of sueh corded to citizens of the United States in British Columbia and the North­ rights. To state this is to refute it~ the Crown and the legislature in provid­ west Territory by the laws of the Dominion of Canada or the local laws, rules, in~ for the granting to free miners the right to prospect for and appropriaw and regulations, but no greater rights shall be thus accorded than citizens of mmerals did not and could not divest themselves of the power to amend the the United States or persons who have declared their intention to become terms and conditions of such certificates in anv manner that might be deemed such may enjoy in said district of Alaska; and the Secretary of the Interior expedient. When recorded claims were exempted from the operation of the shall from time to time promulgate and enforce rules and regulations to law, everything, as already stated, had been done that the most extreme carry this provision into e.ffect '' - advocate of vested rights could justly claim. Congress evinced a desire to extend to native-born Canadians mining rights The sixth clause of the petition complains of alleged losses to the petition­ .. in Alaska similar to those enjoyed by American citizens in the Yukon terri­ ers through lack of sufficient facilities for recording claims. This to some tory; but as the system in Canada is to grant mining licenses and the prac­ extent may have been the case, but, so far as it did exist, was caused by un­ tice in the United States is to grant the land in fee. and as the dimensions of avoidable circumstances for which no responsibility attaches to the Gov­ the mining claims in the one country are not equal to the area in the other ernment. country, the officials in Alaska have taken advanta~e of the technical differ­ So anxious have the Government and legislature been to minimize as much ence between the mining laws in Alaska.and the British Yukon to nullify sec­ as possible any hardship or injustice which may have ~en occasioned by the tion 13 referred t-0, the contention of American oflicials being that the Canar sudden rush into the northern country, following on the discovery of rich dian law relating to the acquisition of mining rights must first conform to diggings there, that an act was passed at the last session of the legislature the American statutes before native-born Canadians can take up mining providing for the appointment of a judge of the supreme court as a commis­ claims in Alaska.. sioner with full powers to settle all disputes in that country in accordance The discrimination against Britisb subjects on one side of the international with equity and the spirit of the mining acts without being bound by the boundary compared with the absence of any discrimination againstAmerican strict letter of the law. citizens on the other side of the line has no donbt had its e1fect on public The grievance complained of in the seventh clause of the petition, that opinion in British Columbia, and has resulted in the passing of the act to aliens can not obtain work on claims held by citizens, has already been re­ which objection is now ta.ken. moved. By the legislation of last session the necessity of a laborer in a mine The minister further observes that a like sentiment is growing in other taking out a free miners' certificate is done away with. parts of the Dominion, and it will be a cause for great regret if that feeling '.rhe eighth clause of the petition alleges great injury to the interests of becomes so general as to force the parliament of Canad.a to adopt mining the country through the action of the law complained of. This, however, is laws similar in their discriminating character to those that have been passed purely a.matter for the legislature to judge of and is of no concern to out­ by the Congress at Washington. siders. 'l'he Government do not consider the statement is true nor that any '.rhe committee advise that Your Excellency be moved to transmit a. cer­ present depreciation, even if such exists, is likely to be lasting. tified copy of this minute and of the re:Q9rt of the government of British The ninth clause of the petition alleges damages i;o citizens of the United Oolumbia to Her :Majesty's embassy at '\Vashington for communication to States to the extent of many millions. This is only necessary to allude to as the honorable the See1·etary of State at Washington. a good instanco of the absurd misstatements and exaggerations of the whole All which is respectfully submitted to Your Excellency's approval. of the document. As already repeatedly stated, the petitioners had acquired JOHN J. McGEE, Cler1c of the Privy C-Ouncil. no rights which are in any way affected by the legislation complained of. Dated this 6th day of June, A. D.1899. C. A. SEl\lLIN, Provincial Secretary. AT G<>VEIL.~T HOUSE, Victo-ria, B. a., June 8, 1899. Mr. STEWART. Mr. President, we see how utterly false are SIR: Adverting to yon-r letter of the 5th ultimo, wherewith you forwarded the assertions that the Canadians have been more illiberal than a petition to the President of the United States from certain residents of we have been. On .the boundary question I have some prejudice Atlin, complaining of r~c{mt mining legislation of this Province, I have the honor to transmit herewith a certified copy of an approved minute of my ex­ against the action of the Canadians; but I must say, so far as ecutive council, dated yesterday, embodying the views of my goverll.Illent in their mining laws are concerned, they are fully as liberal as ours, respect to the alleged grievances of the petitioners, and as to the scope of the said legislation. but neither are as liberal as they ought to be, because every in­ I have the honor to be, sir, your obedient servant, dncem~nt should be held out to any person to go into the arctic THOS. R. McINNIS, regions and discover mines, for that gives employment to Ameri­ Lieutenan~Governor. can citizens. The S.ECilETARY OF STATE, Ottawa, Canada. Look at the thousands who are now employed in the enterprjse of supplying the ships that are running and the vast amount of PROYIXCE OF BRITISH COLUMBIA. business that has been created by the discovery of such hardy Oopy of a report of a committee of the honorable the executive council, ap­ pioneers as these Norwegians and Laplanders, who discovered proved by his honor the lieutenant-governor on the 7th day of June, 1899. these mines at Cape Nome. Their discovery and location can not The committee of council concur in the report inclosed herewith, and ad­ be blot1ied out by any mere rumor about some other person :find­ vise that a copy of tho same, if approved, be forwarded to the honorable the ing gold. I never knew a mining region to be discovered but that secretary of stat.a., for the information of his excellency the Governor-(hmeral in council. there would be some wild rumor that there was somebody there Aa CAMPBELL REDDIE, before those who claimed to have made the discovery. Every­ Deputy Cler~ Executive Council.. body laughed at such assertions; because if they had made dis­ To His Honor the Lieutenant-Governor in Council: coveries, they would have located mines at once. - The undersigned hns had before him for consideration a communication These men were pioneers; they were orderly men; all but one from the lieutenant-governor, dated the 12th ultimo, wherewith is trans­ American citizens, and that one thought he was, according to the mitted a copy of a petition addressed to the President of the United States faith by certain residents of .A.tlin, complaining of recent mining legislation of this statute. They went there in good and located in good faith province, as therein set forth. under the rules and regulations of the miners and under the laws The undersigned has the honor to report as follows in regard to sa.id of the United States. They formed a mining district. Dr. Kit­ petition: telsen was elected recorder, and he performed his duties so satis­ The petition states that four-fifths of the claims prospected and located belong to citizens of the Unit.ad States; thus, according to the petition itself, factorily that nobody else has been EtJ.ected recorder up to the pres­ there is only one-fifth left for other aliens and our own citizens. This state­ ent time. ment is probably, like the other statements in the petition, greatly exag­ As to the number of Laplanders and others, Dr. Jackson, in his gerated; but there is sufficient truth in it to justify (if this proportion be­ tween aliens and citizens should be maintained) the stand which the le¢sla­ affidavit, says: ture took to carry out their avowed policy-the reservation of the provmcial The larger number of the party expected, after the close of their service placer mines for British .subjects. with tho Government, to try to secure herds of reindeer and establish the The question w bather such policy was in the true interest of the Province industry in A.la.ska to which they had been brought up from childhood and is one for the legislature and the legisla.tnre alone, and the unanimity with were accustomed in Lapland. This affidavit has only reference to the party which that body indorsed this policy is sufficient to show that the Govern­ from Lapland in the spring_of 1898. ment and the legislature were in complete accord in the matter. There :is no Forty-three Lapps, 15 Norweg:iaus, and 10 Finns, making 68 men, were L

4366 .CONGRESSIONAL RECORD-SEN.ATE. APRIL 18, brought from Lapland in the spring of 1898, under contract with the War It may be accidental. It is an accident the like of which probably Department for one year from February 1, 1898. '.rhey were selected in Lapland with the understanding that they were to never happened before on earth that things fitted so well to the becorae American citizens and to colonize in Alaska, where a Scandinavian case of this man Hubbard, who is trying to get claims worth hun­ element was desirable for the purpose of fostering the reindeer industry. dreds of thousands of dollars for his blackmailing clients, which When they reached Port '.rownsend-the fir.st place where they made a stop of an¥ time in the United States-23 of them were naturalized, and after claims are now in the possession of honest men, I will read the reaching St. Michael. Alaska, 4 others, who had not had an opportunity of Hansbrough amendment, about which there is controvery: being naturalized at Port Townsend, took out their first papers. Of the 27 That persons who are not citizens of the United States, or who, prior to that took out their first papers not over 3 or 4, when thell" contract termi­ making lo<'.ation, had not legally declared their intention to become such, nated with the Government, took up mining for their support. Of the 27 shall not be permitted to locate hold. or convey mining claims in said dis­ mentioned. 11 were Norwegians, 6 were Finns, and 10 were Lapps. trict of Alaska, nor shall any titie to a mining claim acquired by location or Of the 68 men in the employ of the War Department only one asked to re­ purchase throu~h any such person or persons be legal. In any civil action, sign before the expiration of bis term of service; the other 67 remained until suit, or proceedmg to recover the possession of a mining claim, or for the ap­ their contract term of service expired, on January 31, 1899, when 40 of those pointment of a receiver, or for an injunction to restrain the working and who were discharged from the service went to the mines at Cape Nome. operation of a minin2' claim, it shall be the duty of the court to inquire into Of the party that took up claims at the mines I am informed and believe and determine the question of the citizenship of the locator: Provided, That 26 were Norwegians and Finns and but H were Lapps. no location of a mimng claim shall hereafter be made in the district of Alaska by any person or persons t.hrough an agent or attorney in fact, and all loca­ I would not care if they were all Lapps or all Finns. They have tions heretofore made by any person or persons through an agent or attor­ done a great work for this country and they have done great good, ney in fact upon which srno worth of labor 01' improvements had not been which is deserving of commendation and encouragement. The expended or made within ninety days first succeeding the date of such loca­ fact that they went there and that these great mining enterprises tion are herebv declared to be null and void. are going on there is seized upon as a reas.on why such legislation There is no question about that. The court would have to carry as is proposed should be passed. But here is the milk in the cocoa­ the amendment into effect if it became a law. The proposed sub­ nut. It is right here in the affidavit of a. lawyer, and I wish the stitute of the Senator from Montana [Mr. CARTER] accomplishes Senators would examine it. the same thing. I will read the proposed compromise of the Sen­ A quorum of the Senate ought to be here long enough to hear ator from Montana: this affidavit introduced by the Senator from North Dakota [Mr. Nothing in this act shall be construed to authorize aliens who have not HANSBROUGH]. I do not know whether I ought to call for a declared their intention to become citizens of the United States to locate quorum, but this matter is so important that I think the Senate mining claims or to acquire title from the United States to any of tho public lands of the United States in the district of Alaska or to in any manner ought to know what the trouble is. affect or change the laws regulating the disposal of the public lands of the Mr. BATE. I suggest the want of a quorum, Mr. President. United States in said district. In any civil action, suit, or proceedings here­ Mr. STEWART. Yes; let the Senators come jn. They can a:tter ari<>ing in the courts of said district all questions touching upon the competency of the parties to enter or locate public lands shall be considered stay a few minutes while I show the colored gentleman in the and determined by the court. wood pile. [Laughter.] The PRESIDING OFFICER. The absence of a quorum being If they are not going to disturb the law, what is the object of suggested, the Secretary will call the roll. this? Where is the motive for it? The law has stood for thirty­ The Secretary called the roll; and the following Senators an­ five years and been understood and administered by the courts. swered to their names: There is no trouble about it. If it is not to change a rule of law Bacon, Deboe, McBride, Ross, in order to give a inan title which he has not got, what is the Bard, . Fairbanks, McComas. Scott, reason for it? The jumpers for whom Hubbard is attorney have Bate, Foraker, McCumber, !Simon, never bad possession. They simply had their claims recorded. Berry, Foster, McLaurin, 8pooner, Carter, Frye, McMillan, Stewart, Their attorney is here. If he did not have anything to do with Chandler, Hansbrough, Martin, Sullivan, the drawing of the amendment, how they could have got the Clark, Wyo. Harris, Nelson, Teller, information I do not know. Clay, Hoar, Perkins, Turley, Culberson, Kean, Pettus, Vest, Now, I undertake to say that the title of Mr. Lane and others Cullom, Kenney, Platt, Conn. Warren, and the title of the Laplanders is good on the decisions of the Davis, Lodge, Rawlins. Wellington. courts under the laws of th~ land, and that this legislation is to The PRESIDING OFFICER. Forty-four Senators have re­ take the property of one man and give it to another. sponded to their names. .A. quorum is present. The Senator from Mr. TELLER. It is good under the statute. Nevada will proceed. Mr. STEWART. It is good under the statute; good under the Mr. STEWART. Mr. President, I apologize on behalf of the decisions; and these were the pioneers who found the mipes. To Senator from Tennessee for disturbing Senators in their repose to take the mines from these pioneers and give them to the black­ listen to this matter; but I came to a point where I thought the mailing jumpers it seems to me is the cruelest piece of legislation whole gist of this contention rested, and I thought it was neces­ I ever heard of. sary to have them know something abo11t it! and here is a point to Besides, by unanimous consent, the Senate has allowed the which I wish attention for a minute or two before they again re­ Committee on Mines and Mining to manage this matter, and that tire to their rest. committee has managedit for thirty-five years without complaint I would state that these claims were located by men who had on the part of anybody and to the universal satisfaction of the declared their intention to become citizens, and that they were country. Mining bas grown up, and the whole country is at­ pioneers there. It was ascertained that one of them had declared tached to our mining laws. Now, to remodel those mining laws his intention before a commissioner who was not authorized to re­ in the Senate without their having been considered by any com­ ceive declarations, and he happened to strike a very rich claim mittee is a proceeding I never heard of before. This goes beyond and sold it at a very high price. When I read the very sincere affi­ anything I have ever heard of in legislating in that respect. davit of Attorney Oliver P. Hubbard, and then these amendments Ab, you say, but it does not do any harm. What is the object, in connection with it, the force of this proceeding will be appre­ then, if it does not do any harm; if it does not make out a case for ciated: Mr. Hubbard? If it does not help him, for whom is it? There is no necessity for remedial legislation. I hope more Norwegians DISTRICT OF COLUMBIA, City of Washington, ss: Oliver P. Hubbard, being duly sworn, on oath says that he is a citizen of and Laplanders will go there and explore that cold region where the United States, an attorney at law, engaged in the practice of his profes­ others can not live. Let them take their reindeer and go in. I sion at Nome City, in the Cape Nome mining district, district of Alaska, hope they will, and then we will have more business and more United State; of America; that he first went to Alaska in the spring of 1898; prosperity. that he is a member of the law firm of Hubb:ird, Beeman & Hume, of Nome City, Alaska; that the members of the firm a.re Edwin R. Beeman, formerly I think this is one of the most important questions, whether we a practicing attorney of Minneapolis, Minn.. and William I. Hume, formerly shall pass harsh laws, whether we shall have criminations and a practicing attorney at Portland, Oreg., and this affiant, formerly a practic­ recriminations which will practically exclude our miners from ing attorney at Chicago, Ill. Affia.nt says- British Columbia. Seventy-five per cent, they say, and I think more, of the gold and silver and lead that has come from British Here is the important point: Columbia bas gone to enrich Americans; and the amount has That the firm of Hubbard, Beeman & Hume aro attorneys in a number of mining suits now pendina in the United States district court for the district been immense. I wish the Senator from Washington [Mr. TuR­ of Alaska; that among others are suits brought to recover the possession of NERj were here. I understand he has made a fortune in British certain mining claims alleged to have been staked by alien Laplander.s; that Columbia. Does he want to have a law passed confiscating his these claims were located by American citizens in the months of November and December, 1898; that all of the alleged Laplander and alien locations were title? located by American miners in th~fall of 1898 and the winter of 1898and1899; This proposed law will do more. I am told, and cases are men­ that runong the miners who made"§uch locations were- tioned, that as to many of the claims that are being worked-for Giving the names. A private party can not take advantage of instance, the Treadwell claim-they could not tell whether the the alienage of the original locator. Only the Government can locators were citizens or not. Vast expenditures have been made. interfere. I think that is the statute. But at all events that If we are to have a lawsuit inquiring into the citizenship of the question exists, and to have that question removed and to clear up locators of every mine in Alaska, nobody knows how large a a lawsuit and give the property to these jumpers these amend­ scheme it is to confiscate property that was acquired under the ments appear to be fitted. laws of Congress and the decisions of the courts. In some way or another there is a fitness of things that is marked. Now, th~ mining laws of the United States were extended to 1900. .CONGRESSIONAL RECORD-SENATE. 4367

Alaska a long time ago, and t.hey have been in full operation. theless convey his title thereto at any time before the institution of escheat The Senator from Montana said there was a string to it, or some­ proceerungs as hereinafter provided. thing of that kind. That string has been broken by practice. If he made his location in violation of this law, he can sell his Very many of the mines are already patented. I read now from ground; he can sell it to Mr. Lane or anybody else, and it will be Supplement to the Revised Statutes, Volume I, second edition, a good title. He has a right to do that, if he got his title in viola­ 1874 to 1891, page 433: tion of the act. That troubles the gentlemen. They want to get And the laws of the United States relating to mining claims, and the rid of it. They want to get rid of the title he can convey. rights incident thereto, shall, from and after the passage of this act, be in full Provided, however, That if any such conveyance shall be "made by such force and effect in said district, under the administration thereof herein pro­ alien, either to an alien or to a citizen of the United States, in trust and for vided for, subject to such regulations as may be made by the Secretary of the purpose and with the intention of evading the provisions of this act, su<'h the Interior, approved by the President. conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheat to the United States. And then it goes further and secures the title to those who are SEC. 5. That it shall be the duty of the Attorney-General of the United there. States, when he shall be informed or have reason to believe that land in any That parties who have located mines or mineral privileges therein under of the Territories of the United States are being held contrary to the pro­ the laws of the United States applicable to the public domain, or who ha.vo vfaions of this act, to institute or cause to be instituted suit in behalf of the occupied- United States in the district court of the Territory in the district where such land or a part thereof may be situated, praying for the escheat of the same Whether they havo located or not- on behalf of the United States to the United States: Proi."ided, That before and improved or exercised acts of ownership over such claims. shall not be any such suit is instituted the Attorney-General shall give or ca.use to be disturbed therein, but shall be allowed to perfect their title to such claims by given ninety days' notice by registered letter of his intention to sue, or by payment as aforesaid. personal notice directed to or delivered to the owner of i:;aid land, or the per­ son who last rendered the same for taxation, or his agent, and to all other That was in 1884. We want no other legislation whatever. persons having an interest in such lands of which he may have actual or con­ The mining laws of the United States are there. Now, in 1897 structive notice. In the event personal notice can not be obtained in some there was a special alien-land law passed; a more liberal policy one of the modes above provided, then said notice shall be given bf publica­ tion in some newspaper published in the county where the land is situate, was adopted. There was a prejudice against the holding of large and if no newspaper is published in i;aid county, then the said notice shall areas in the cattle country by persons who came from Europe, be published in some newspaper nearest said county. and an alien-land act was passed which also applied to mines. "SEC. 6. That if it shall be determined upon tho trial of any such escheat proceedings that the lands are held contrary to the provisions of this act, the Nobody intended it should apply to mines, and the miners have court trying said cause shall render judgment condemning such lands and been trying to get rid of it ever since. Public sentiment was shall order the same to be sold as under execution; and the proceeds of such against it. It finally found its way into the legislation of Con­ sale, after deducting costs of such suit, shall be paid to the clerk of such court so rendering judgment, and said fund shall remain in the hands of gress in 1897. It is an act that ought to be studied in this con­ such clerk for one year from the date of such payment, subject to the order nection, because it has a good deal of bearing. of the alien owner of such lands, or his heirs or legal representatives; and if That an act entitled ''An act to restrict the ownership of real estate in the not claimed within the period of one year. such clerk shall pay the sa.meinto the Territories to American citizens, and so forth," approved March 3, 1887, ex­ treasury of the Territory in which the lands may ba situated, for the benefit cept so far as it affects real estate in the District of Columbia, be, and the of the available school fund of said Territory: · Provided, That the defendant in any such est:heat proceedings may, at any time before final judgment, same is herebfi• amended so as to read as follows: suggest and show to the court that he has conformed with the law, either ha:· ~taX~<'I:r!ili~ fnef~~~o~~~ ~~~~~ ~~t~e~f o~h:h~¥1~!te~t~f;~e~ln'i~~ becoming a bona fide resident of the United States, or by declaring his inten­ manner vrovided by law shall acquire title to or own any land in any of the tion of becoming a citizen of the United States, or by the doing or happening Territories of the United States except as hereinafter provided: Provided, of any other act which, under the provisions of this act, would entitle him to '.rhn.t the prohibition of this section shall not apply to cases in which the right hold or own real estate, which being admitted or proved, such suit shall be to hold or dispose of lands in the United States is secured by existing treaties dismissed on payment of costs and a reasonable attorney fee to be fixed by to citizens or subjects of foreign countries, which rights, so far as they may the court. exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer. There is no snap judgment about it, In the first place, tlie SEC. 2. That this act shall not apply to land now owned in any of the court has held over and .over again that nobody but the United Territories of the United States by aliens, which was acquired on or before States can institute these proceedings, and after the United States March 3, 1887, so long as it is held by the then owners, their heirs or legal representatives, nor to any alien who shall become a bona fide resident of the institutes these proceedings the party has in the first place the United States, and any alien who shall become- power to sell it to anybody, no matter whether or not he acquired It shall not apply to any alien who shall become- it in contravention of the law, before escheat proceedings, and after proceedings are had he can declare his intention to become a bona fl.de re&ident of the Uni tea States, or shall have declared his inten­ tion to become a citizen of the United States in the manner provided by law, a citizen or a bona fide resident and the case is dismissed. But shall have the right to acquire and hold lands in either of tho Territories of the Carter and ~nsbrough amendments compel the court to in­ the United States upon the same terms as citizens of the United States- quire into the citizenship of the original locator and defeat the Bona fide residents and then those who have declared their in- claim, which is now held under the sanction of the statutes and . tention to become citizens. These Lapps are about as good bona the decisions of the courts. The authorities are all against the fide residents as you have ever had up there- jumpers. Provided, That if any such resident alien shall cease to be a bona fide resi­ I will first call attention to a very creditable book which"is an dent of the United States, then such alien shall have ten years from the time authority, a very fair book, Lindley on Mines, where all the he ceases to be such bona fide resident in which to alienate such lands. cases are collated and the conclusion honestly and fairly drawn. Now, here is a special provision which controls all of the gen­ It is very convincing. I will read his conclusions first. This eral provisions of the act, including the last and third section. I author says: want to call the attention of lawyers to this particularly: It bas been authoritatively determined by the Supreme Court of the United This act shall not be construed to prevent any persons not citizens of the States that the estate created by a perfect mining location and transferred United States from acquiring or holding lots or parcels of lands in any incor­ to an alien is not analogous to an estate created by descent; in <>ther words, porated or :f,?latted city, town. or village, or in any mine or mining claim, in that is not an estate created by operation of law. any of the 'Ierritories of the United States. We think we are justified in asserting that the following principles havfr That is a special provision referring to mines, and it stands there been established by the weight of authority: (1) That a locat10n made by an alien, if otherwise valid, creates in him an in so many words. estate which can be divested only at the instigation of the government in a Mr. BATE. What is the date of that? proceeding to which it is either directly or indirectly a party. Mr. STEWART. March 2, 1897. (2) That such estate, when vested in a citizen, is as complete as if originally Here is a special provision with regard to mining claims. Sec­ :;a~e~tYir. him by location, and no one, not even the government, can as- tion 7, to which the opposition call our attention, refers only to the public lands. There has always been a distinction kept up N ot even the Government can assail his title; but the trouble between the mining laws and the public-land laws. When you is that these titles are inchoate lmtil the money is paid. That is speak of land laws, you do not mean mining laws, and vice versa. the rule which has been followed in land cases; so that Congress The mining laws are special; the land laws are general. has the constitutional power to destroy an inchoate title in these The following is section 7, upon which the jumpers rely: men. The courts have decided that Congress has power to de­ That this a.ct shall not prevent a.liens from acquiring lands or any interests stroy an inchoate title.· The Government can repudiate the loca­ therein by inheritance or in the ordinary course of justice in the collection tion made by an alien or a citizen before patent is granted. That of debts, nor from acquiring liens on real estate or any interest therein, nor is well established. Until the money is paid Congress can destroy from lending money and securing the same upon real estate or any interest the title. It has been in question all the while, but the Supreme therein; nor from enforcing any such lien, nor from acq_uiring and holding title to such real estate, or any mterest therein, upon which a lien may have Court held that Congress had the power. heretofore or may hereafter be fixed, or upon which a loan of money may After reviewing all the authorities at great length, Mr. Lindley have been heretofore or hereafter may be made and secured. draws his conclusions, as follows: According to the gentlemen on the other side you destroy the (1) An alien may locate or purchase a mining claim, and until "inquest of last section. office" may hold and dispose of the same in like manner as a citizen. Provided, however, That all lands so acquired shall be sold within ten years (2) Proceedings to obtain patents are in the nature of "inquest of office," after title shall be perfected in him under said sale or the same shall escheat and in such proceedings citizenship is a necessary and material fact to be to the United States and be forfeited as hereinafter provided. alleged and proved. Now, here comes the remedy that they could not apply. They An alien can not get a patent, but he can fix himself so as to could not escheat it: get a patent. He can declare his intention after he makes his lo­ That any alien who shall hereafter hold lands in any of the Territories of cation, and that secures 1t. The Supreme Court has so repeatedly the United States in contravention of the provisions of this act may never- held. If an alien wants a patent, all he has to do is to declare his 4368 CONGRESSIONAL RECORD-SENATE. APRIL 18, intention. An alien can do that just as well as a citizen. There him. and he and his representatives, claiming to lJo the owners thereof, per­ is no trouble about that. form the work necessary t-0 keep the claim good 011til it is conveyed to a citizen, and no rights of third parties have attached prior to tboconvoyauce, (3) In n.11 other classes of actions between individuals with which the Gov­ as between private citizens, in which the Government is no~ interested, the ernment has no concern citizenship is not a fact in issue; it need be neither conveyance vests the title in the citizen, although the original locator was an o.llegcd or proved. alien. In the suit which Mr. Hubbard has brought for these jumpers, 2. A corporation organized under the laws of Utah is a citizen of the State. 3. Although it is true, as a general rule, that only citizens of the United the original locators will not have to allege citizenship at all or States can locate mining claims, the question of citizenship can only be raised pro--ve it. There is no necessity for it at all. by the Government; and in an action of ejectment in a contest between indi­ Mr. JONES of Arkansas. The Senator will permit me. The vidual!! the question can not arise. 4. A qualitlecl locator may relocate a mining claim in the possession of an effect of the proposed amendment is simply to change the law as a.lien who has not declared his intention to become a citizen, if relocation be it stands now. made without force or violence, and prior to declaration of intention or con­ Mr. STEWART. That is what it is. It changes it to fit these veyance to a citizen. As against an intruder, possession is prima facie evi­ dence of right to possession, but, as against one connecting himself with the cases, and will stand for all time in that respect. Government title, mere occupancy must yield to the higher right. Mr. JONES of A1·kansas. The intention of the amendment, as 5. A lease and bond f1.'om an administrator under order of court and by I recollect reading it, is to relate back to and to cover cases under consent of all parties interested, and an actual possession by consent of all parties, is sufficient showing of title under which to justify p~session. the present law. 6. The construction given a notice of location should be literal and not Mr. STEWART. Any case that appears in a court. It requires technical, and a notice which refers to a known mining cl:lim, with date of its a. court to take notice of it. The amendment of the Senator from location or to recorded claims adjoining it, with a joisting shaft, is a suffi­ cient compliance with the law requiring a. reference to be made to some North Dakota and the amendment of the Senator from Montana. natural object or permanent monument. require the same thing. 7. Where the testimony tends to show the consolidation of a group of .Mr. JONES of Arkansas. While Congress can not pass a law claims for development and working purposes and that the required amount of work was done on one claim for all and that defendant's g-rantor was the to affect a vested right, it can pass a law to affect a man's right of owner of all the claims by location or assignment, the question of whether action in court. work on one would inure to the benefit of all was p1·ope:rlyleft to the jury. Mr. STEW ART. It can do this in regard to all inchoate rights (Syllabus by the court.) to public lands. It can make changes before the money is paid. Appeal from district court, Juab County; E. V. Higgins, judge. Action by William D. Wilson and others against the 'l'riumph Consolidated Mr. JONES of Arkansas. It can change his remedy but not Mining Company. Judgment for defendant, and plain tiffs appeal. Affirmed. his right. This :.iction in ejectment wa.s brought by the plaintiffs and appellants in Mr. STEWART. It can change his remedy. and changing his Juab County against the defendant and respondent to reoo>er possession of a certain mining claim called the "Steeple Chase" by the appellants, and remedy takes away his right. A court could not, under the de­ the "Mormon Chief" by the respondent, located in Tintic mming district, cision of the Supreme Court of the United States, listen to that State of Utah. at all It conld not allow them to go back to the locator to see 'I'ho appellants insist that the Steeple Chase mining claim was locn.ted January 1, 1897, by one R. C. Alexander, their grantor, upon unappropriated whether he was a citizen or not. That would not be allowed ntineral land of the United States, subject to location in observance of all the under the existing law. laws of the United States and the by-laws of the Tintic mining district, and (4) Naturalization of an alien at any time subsequent to either location or that the appellants are the owners thereof, subject to the paramount title purchase is retroactive and enables him to proceed to patent. The antece­ therein in the United States; and that while the plaintiffs and their grantors dent bar to patent by reason of his alienage is removed. were the owners and entitled to the possession of Steeple Chase mining ciaim, the defendant, on the 15th day of January, 1897, entered into posses­ These are the conclusions to which this author has arrived after sion of said claim, and unlawfully withholds the possession of said claim from reviewing all the decisions. I wish to call attent:on to some of the plaintiffs, to their damage, etc. It appears that J. F. Kappes, at the time of his death, September 24, 1895, the decisions. was the owner of the Mormon Chief, which covers the same ground as the I call attention now to the case in Montana which was referred Steaple Chase, located August 10, 1882, by W. W. Hinch a.nd 0. T. McMillan. toyesterday, Manuel against Wulff (152 U.S., 505): The Pride of the Hills mine was located August 11, 1885, by J. F. Kappes; the Sunday mine was located January 21, 1890, by J. F. Kappes and George A deed of a mining claim by a qu.a.lified locator to an alien operates as a Kappes; the Sunday Extension was located November t9, 1890 by J. F. transfer of the claim to the grantee, subject to question in regard to histiti­ Kappes; and the Silver Star was located January 29, 1892, by J. F. Kappes. zenship by the Government only. 'l'hese five claims were lying contiguous to each other. Notice of the con­ If, in a contest concernin~ a. mining claim. under Re~d Stat~tes, section solidation of these five claims for working purposes, including the Mormon 21t.~, one party, who is an alien at the outset, becomes a citizen durmg the pro­ Chiof, was duly made and recorded, and the group consolidated on or before ceeaing:s and before judgment, bis disability, under Revised Statutes, section 1896. On November !J, 1895, Hugo Deprizin was appointed administrator of 2319, to take title is thereby removed. the estate of J. F. Kappes, deceased. The administrator expended $500 in The case that I now call attention to is Federal Reporter, vol­ assessment work on these consolidated claims in 1896 by running a tunnel in 51, 338, and the Pride of the Hills mine, the work being completed on November 28., 1896. ume r1age Billings et al. vs. Aspen Mining Smelting This work was done for development work, fo1• 1the benefit of the five Company et al., circuit court of appeal£!, Eighth circuit, July 5, claims named. On December 24, 1896, Deprizin, as administrator, and under 1892. I read the syl1abus: an order of the probate court, and by consent and agreement of all the heirs and parties interested in the estate of J. F. Ka-ppes, deceased, entered into a. 1. Mining cla.iIDs-Capacity of aliens to bold. contract to sell, bond, and lease said five claims to Valentine Kramer for An a.lien who has expended time, money, and labor in exploring for and $10,000, of which sum $1,563.31 was paid in cash, with an option to pay the bal­ locating a mining claim on pu't!lic Ian~, conjointly with ot_hers, !Day hold his ance in two years. Kramer went into possession and at work on the five interest, or recover the same if deprived thereof-1 as agamst hlS colocators, claims in December, 1896, and continued at work until January 7, 1897, and a.s against all the world except the Unitea States, though Revised On January 11, 1897, Kramer assigned his contract to Kirby; and on Feb­ Statutes. 2319, confines the right of exploration, purchase, and occupation of ruary 1.2, 1897, Kirby as.t the United States. It is argued out by the court terest in the claims to J. F. Kappes. The respondent, in its answer. denied all the allegations of the complaint at great length, and the syllabus is thoroughly sustained. and alleged that the plaintiffs had no right, title, or interest. in said claims This same case went up on rehearing. It was thoroughly dis­ and are not, and never were, entitled to the possession thereof. The Steeple cussed before the circuit court of the United States of the ninth Chase mining claim, claimed py the appellants as having been loca~d py their gra.ntoT January 1, 1897, 1s the same ground a.s the Mormon Chief, m­ circuit (Federal Reporter, volume 52, page 250). The syllabus is cluded in said group, and conveyed by the administrator of J. F. Ka.-ppes by as follows: lease, bond, and sale .. TJ;ris is the only cJai.m involved in this li~g~tion. The 1. Mining claims-capacity of a.lien to hold. jury returned a verdict m favor of the defendant, and the plaintiffs appeal. One who asserts title to a mining claim under a. location made by an alien and two citizens can not defeat the claims of the alien·s heirs on the ground Mr. STEWART. I again call attention to the case of Manuel vs. that under Revised Statutes, 2319, an alien can not be a locator, for mining Wulff (152 U.S., page 505), and I wish to emphasize that case. rig-hts constitute no exception to the general rule that the right to defeat a That is the Montana case that was cited by the Senator from Mon­ title on the gi·oundofalienageisreserved to the Government alone. (O'Reilly tana [Mr. CARTER]. I call attention to the fact that that case '1S. Campbell, 6 Sup. Ct. Rep., 421; li6 U. S., 418, distinguished; 51 Fed. Rep., 838, affirmed.) was oven·uled by the Supreme Court. I do not know but that I Here is a case in the 56th Pacific Reporter where the cases are had better read a considerable po1·tion of it. cited, and I think I will have the Secretary read it for the general The supreme court of Montana recognized the settled rule that an clien may take an? hold l:l.nd by pu_rchase until office. found, and that if the al.ien information of the Senate. It is a good case and is well sustained. become a citizen before his aliena.ge ha.s been adjudged the act of naturaliza­ The cases are cited. I should like to have the Secretary read, com­ tion takes effect by relation; but held that "possessory rights to mining mencing at page 300, Wilson et al. vs. Triumph Consolidated Min­ claims on the public domain of t~e United Stat_es," although." e!J-dowed 'vith the qualities of real estate to a high degree," did not come withm that rule. ing Company, supreme com·t of Utah, March 14, 1899. Read the The argument was that as by statute mineral lands are not open to explo­ syllabus and all. ration, occupation, ot· purchase by aliens, but only by citizens of the Umted • The PRESIDENT pro tempore. The Secretary will read as in­ States and those who have declared their intention to become such, and upon compliance with the laws and local mining rules and regulations as to ioca­ dicated. tion and possession, title and posseesory rights to mining claims thus acquir­ The Secretary read as follows: able solely by virtue of the statute and in the manner prescribed thereby, [Wilson et al. vs. Triumph Consolidated Mining Company. Supreme court of must be regarded as passing as by operation of law and not as by grant. Utah. March 14, 1899.) Hence that mining claims are controlled by the rule which forbids the alien to take or hold real estate by descent, since it is the rule of law and not the Location of mining claims by alien-Transfer to citizen-Vesting of title­ act of the party that vests title in the heir, and it would be an idle thing to Citizenship of domestic corporation-When question of citizenship can vest title by one act of law and then take it away by another. not arise-Mining claim held by alien-Relocated-Title to justify po~s­ The court was of opinion that upon principle the analo~y between an alien sion-Notice oflocation-How construed-Sufficiency-Work of one claim heir claiming by descent and an alien miner claiming unaer tho mining laws for benefit of ~oup-Question for jury. was complete, and that as Moses Manuel was incapable of taking, the con­ 1. Where a mining claim is located by an alien on unappropriated Govern­ veyance to him by Alfred 1tfannel, who was a. citizen, amounted to an a.ban· JD.ent la.nd, and all the acts necessary to a. valid location are performed by donment by the latter. We are unable to concur in this view. We do not 1900. .CONGR~SSIONAL. RECORD-SENATE. 4369

think that the transfer of a mining claim by a qualified locator to an alien.is and the Supreme Court of the United States held that they could to be treated as ipso facto an abandonment or that the analogy of such a case to the casting of descent upon an alien can be maintained. not shut their eyes to what had occnn·ed in California and the Among the cases often referred to upon the general subject and cited by surrounding States; that they could not confiscate the property of the Montana supreme court is Governeur vs. Robertson (ll Wheat., 332., 350, a million of men, but they would presume that they had title. ~>4:). That was an action of ejectment and the facts these: Plaintiff claimed under one Brantz, who, being an a.lien. obtained, October 11, 1874, two grants This case is in 171 United States, page 62. It is the case of Del from the Commonwealth of Virginia of lands lying in Kentucky. He became Monte Mining Company against Last Chance Mining Company. naturalized in Maryland, Noyeml>er 8, 1874, and his .title was confirmed ~ Notwithstanding that there was no general legislation on the part of Con~ him and to hiR heirs and thell' grantees by the legislature of Kentucky m gress, the fact of explorers searching the public domain for mines and their 1790 and 1799. Defendant claimed under a grant of Virginia made to a citizen possessory rights to the mines by them discoverea was ~enerally recognized, in 1785. and the rules and customs of miners in any particular district were enforced This court, speaking by Mr. Justice Johnson, among other things, said: as yalid. As said by this court in Sparrow vs. Strong (3 Wall., 97, 104): "On this subject of relation the authorities are so ancient, so uniform, and "We know also that the Territorial legislature has recognized by statute universal that nothing can raise a doubt that it has a material bearing on the validity and binding force of the rules, regulations, and customs of the this en.use, but the question whether naturalization in .Maryland was equiva­ mining districts; and we can not shut our eyes to the public history which lent to naturalization in Kentucky. To thil'l the Articles of Confederation informs us that under this legislation, and not only without interference by furnish au affirmative answer, and the defendant has not made it a question. the National Government, but under its implied sanction, vast mining in­ "Nor, indeed, has he made a question on the subject of relation. back; yet, terests have grown up, emplo~g many millions of capital, and contributing it is not easy to see how he could claim the benefit of an affirmative answer largely to the prosperity and improvement of the whole country." on the question he has raised, without first extricating his cause from the effects of the subsequent naturalization, upon the rights derived to Brantz Other cases cited: through his patent. The question argued, and intended to be exclusively presented here, is whether a patent for land to an alien be not a.u absolute See, also, Forbes vs. Gracey, 94 U.S.• 7~ Jennison vs. Kirk, 98 U.S., 453, 459; nullity. Broder vs. Water Company, 101 U. S., z14, 276; Manuel vs. Wulff, 152 U.S., "The argument is that it was so at common law, and that the Virginia land 505, 510. laws. in rnme of their provisions, affirm the common law on this subject. "We think the doctrine of the defendant is not to be sustained on either The act which declares an alien may convey to a citizen and ground. make a. good title, the act of 1884, was passed sixteen year~ ago, * * • * • • * about the same length of time embraced in the period between ''It is clear, therefore, that this doctrine has no sufficient sanction in au­ thority, and it will bo found equally unsupported by principle or analogy. 1850, when the Congress of the United States decided upon non­ "The general rule is positively against it, for the books, old and new, uni­ action, and 1865, when the Supreme Court of the United States formly represent the King as a competent grantor in all cases in which an recognized what had been done and predicated its decision upon it. individual may grant. and any person in esse, and not civiliter mortuus, as a You have invited the hardy pioneers of all countries to go into competent grantee. Femes covert, infants, aliens, persons attainted of trea­ son or felony, clerks, convicts, and many others are expressly enumerated as that inhospitable country in the arctic region, and you were competent grantees. (Perkins, Grant, 47, 48, 51, etc.; Comyn's Dig. Grant, bound under the law to give them protection, and now you pro· B.1.) It behooves those, therefore, who would except aliens, when the iinme­ pose to pass a law depriving those people of their rights; for that diate object of the King's grant, to maintain the exception. "It is argued that there is an analogy between this case and that of the would be the effect of this radical change. This shows the im­ heir, or the widow, or the husband alien.t.." no one of whom can take, but the portance of having such questions considered by the appropriate King shall enter upon them without omce found. Wheraas an alien may committee, the members of which are familiar with the conditions take by purchase and hold until divested by office found. It is argued that the reason usually assigned for this distinction, to wit, nil frustra agit lex, existing and with what may be required. This has not been may, with the same correctness, be applied to the case of a grant by the committed to any such committee. King to an alien, as to one taking by descent, dower. or courtesy: That the 'rhe laws governing mining claims in the United States for the alien only takes from the King to return the subject of the grant back again to the King by escheat. last thirty-five years have been satisfactory to everybody. Why But this reasoning obviously assumes as law the very principle it is in­ should they now be amended by the Committee on Territories in troduced to support, since unless the grant be void it can not be pr_edicated a bill to establish a civil code for Alaska? That matter, of course, of it that it was executed in vai:l. It is also inconsistent with a Kn.own and familiar principle in law, and one lying at the very root of the distinction is within the jurisdiction of the Committee on Territories; but between taking by purchase and taking by descent. It implies, in fact, a re­ now it is proposed in that civil code that the mining rules and pugnancy in language. regulations shall be changed, and be changed in such a manner Since the very reason of the distinction between aliens taking by purchase and by descent is that one takes by deed, the other by act of law; whereas as to take from one man his prope1·ty and give it to another. a grantee, ex vi termini. takes by deed, and not by act of law. If there is any Is it possible we have come to that? Have we arrived at such a. view of the subject in which an alien, taking under grant, maybe considered conditio'h in the Senate that we will take matters from the legiti­ as taking by operation of law, it is because the grant issues, and takes effect, mate committee and allow no investigation? The Senate can~not under a law of the State. But this is by no means the sense of the rule, since attaching to it this idea would be to declare the legislative power of the State consider such things in detail in open session. Many Senators incompetent to vest in an alien even a defeasible estate. have business elsewhere and can not give the attention which the subject requires. The court argues that it is good under any law that the alien Whenever you say the mining laws, rules, and regulations under can free himself of disabilities at any time before final judgment, which we have lived for the last thirty-five years shall be changed and this is nothing more than what is contained in the statute to without consideration by a. committee, you do that which will which I have referred, the statute of 1897. Here the law as laid create confusion and great hardship in that country; you undo the down by the Supreme Court is reenacted in this statute as to pub­ good work which has been done and with which everybody is lic lands, and then the particular provision that an alien may lo­ satisfied. cate mines in Alaska, it is said, is abrogated by the general pro­ · Take your land laws. They have been administered in your vision in section 7: Department here, and you have spent, until quite recently, from SEC. 7. That this act shall not in any manner be construed to refer to the $175,000 to 5300,000 a year sending out special agents to detect District of Columbia, nor to authorize aliens to acquire title from the United frauds. You have had nothing of that kind in mining cases. States to any of the pul.Jlic lands of the United States, or to in any manner affect or change the laws regulating the disposal of the public lands of the Such cases are turned over to the courts, which decide what per­ United States. sons are entitled to a particular property, andsothereisnoscandal about the settlement of our mining cases. That refers to public-land laws, not to mining laws, because it Suppose mining cases come here to be decided in Congress by is a special provision in regard to mining. special legislation, as you propose in this case, or were to be de­ And the act of which this act is an amendment shall remn.in in force and cided in the Departments by clerks on ex parte evidence; do you unchanged by this act so far as it refers to or affects real estate in the Dis­ think our mining country would ever have been developed? Do trict of Columbia. you think we should have had the peace and prosperity which we But if that exception referred to mining laws, still the provision ha>e enjoyed? But those cases are settled by the local courts, remains that only the Government can take advantage of it, and where each party has a hearing; they do not come here at all, and that the party may at any time free himself of this disability. justice is done. The title of the persons who have bought claims from these Lap­ It is now proposed to extend this law over Alaska. Why should landers, Norwegians, and Finns is perfect. not Alaska have the same laws which govern other parts of the There is no question about that. If it were not the case, what country? Why should there be more restrictions upon people in other object is there in these amendments? ·Have they any other the Arctic region than are imposed upon people elsewhere? If conceivable object except to change the rule of law fixed by statute, Norwegians and Finns and Laplanders have gone there, where it to change the rule of law established by the Supreme Court? will be difficult for anybody to go, they should be encouraged; What other object can there be in making this apply except to and we should protect everybody who will explore it, for as the take one man's property and give it to another? result of their explorations there comes increased business to the Here is another case in the Supreme Court of the United States, millions, which adds immensely to the prosperity of the country, in volume 171. I read from page 62. Here is where they go on Tbe prosperity of which everybody is now boasting results from and maintain this possessory right. They always sustain exist­ the thousands of millions of gold taken out m the last four years. ing rights, although there me.y be some legislation in contradis­ Let us continue that prosperity, and cease talking about the Japs tinction from it. going there to mine. The Japs have not gone there, and they are Here is a case where they refer to Sparrow vs. Strong. It is the not going there. The Norwegians, the Laplanders, the Finns, and first case that ever came up to the United States Supreme Court those who are accustomed to that kind of a climate will go if any­ in which the objection was made that the court had no jurisdic­ body except American citizens go. American citizens are adven­ tion because locators had no property, Congress not having acted, turous. The spirit which they display is most enviable, It is, I

XXXIII-274 4370 CONGRESSIONAL RECORD-SENATE. APRIL 18, know, a hard thing to go and live in such a climate, and ninety- the titles vested as they are vested under theBe laws; do not disturb nine out of every hundred who go there die in poverty. the old landmarks. If here and there there is one who wins a prize, that prize will If you pass such legislation as is proposed, Cana.da will very give employment to thousands, and will add immensely to the promptly say to you, "We never did anything like that; we gave prosperity of the whole world. If they are willing to sacrifice them every opportunity, and when complaints were made here of themselves in this effort to find gold, why should we rob them of I injustice we set those complaints aside.'' Let us be as liberal as their property when they get there? I say this amendment would j Canada has been. I do not see why Americans can not be as lib­ be downright robbery. It would be a violation of every principle · eral in their laws as Canada or any other country. The compari­ of justice. It is retroactive legislation; and it takes one man's son the council makes between the laws of Canada and our laws property and gives it to another. The Congress of the United · does not look well for us when our people have been going into States has never knowingly committed such an error, and never British Columbia to quartz mine for the last thirty or forty years will, I hope. without molestation. I regret that there are not more Senators who will give atten- It has been said that we must pass vindicti\e legislation of this tion to this matter, so as to know something about it; but I appre- kind and put all possible obstacles in the way of mining there. so hend they will gP.t knowledge of it after a while. The subject as to secure it for American citizens who never think of going must.be kept before them long enough to have them give atten- there. I tell you, Mr. President, this action is preposterous and tion to it before this outrage is committed. dangerous. Do not do it. 'There is noevidencethatthe jumpersevertookpossession. The evidence is that they did not take possession at all. The owners INQUIRIES RELATIVE TO THE PHILIPPINE ISLANDS. have worked the mines and developed them, and were in posses- The PRESIDENT pro tempore laid before the Senate the follow- sion of them when Mr. Lane bought, and Mr. Lane has been work- ing message from the President of the United States; which was ing them ever since. They simply recorded notices, and they read, and, with the accompanying papers, referred to the Commit­ came here and raised this controversy as to whether a judge should tee on the PhUippines, and ordered to be priuted: inquire whether the locators had legally declared their intention To tlte Senate of the United States: to become citizens ~f. the United State~ c~ntrary to the statute, In ~urther.response to th~ re~olntion of the Senate of January 17, 1900, re­ contrary to the decISions, contrary to JUStlce, contrary to every questmg copies of commu!licat10ns between the Executive Departments of principle of right dealing that can be imaO'ined. the Govern.ment and A~aldo or.other perso!ls undert.a)rin~ to represent · · t · th• 0 •t• S h · j the people m arms agamst the Umted States m the Phllippme Islands, to- There LS nothing. Im wrong i~ is proposi ion. uc a thmg gether with other official documents relating to the Philippine Islands and bas not been done m th~ la~t thirty-five years: The pe?ple have the. conduct :l!ld event~. of. the insurrection ag-ainst the authority of the not asked for such legislation. What then 1S the obJect of it? Umted States m the Philippme ]slands. and havmg ~·efer~nce to my message · · l to t k ' t ' d ~ · t h to the Senate of March 5, 1900 (;:,enate Document, Fifty-s1xt.h Congress. first It lS s1mp Y . a e one man S :pr?per Yan grve It o an?t er. session, No. 208), and to my message to the Senate of l!Iarch 27, 1900 (Senate I should like to have the mmmg rules made more hberal. I Document, Fifty-sixth Congress. first session, No. 208, part 2), and that para- have submitted the correspondence of the State Department with · graph of the resolutio? of January 17, 1900, reading as follo\~s: . . th •t· d I h h th t th C "And that thePresidentbefurtherrequested tocommumcate, w1thoutde­ th. e C anad ~an au or1 10s, an a':e S own you a e ana- lay, so much of such information as is now in his possession or in that of any dians consider that they are more liberal than we are. I have Department at Washington, without waiting to obtain so much of said infor­ submitted the communication from the privy council at Ottawa ~a~ion as may require consider~ble delay or c

The joint resolution (S. R. 116) to provide for the administra­ mining claims; that no one can question the right that they have tion of civil affairs in Porto Rico pending the appointment and thus acquired by exploration and discovery, except the Govern­ qualification of the civil officers provided for in the act approved ment of tha United States, and that they have such possessory April 12, 1900, entitled" An act temporarily to provide revenues right and such possessory title in the mines which they discover and a civil government for Porto Rico, and for other purposes," that they can transfer title to third parties. was read the first time by its title and the second time at length, I imagine another thing, Mr. President. If tbose people who as follows: have made these discoveries, who have located these mines, and Resolved, etc., That until the-officer to fill any office provided for by the made these explorations in Alaska had been native-born citizens, act of .April 12, 1900, entitled "An act temporarily to provide revenues and a I do not think anyone would have had the hardihood to come in civi.l government for Porto Rico, and for other purposes," shall have been appointed and qualified, the officer or officerR now performing the civil here and ask for retroactive legislation in reference to them; but duties :pertainina to such office may continue to perform the same under the now these claimants come here, and they attack these locations authority of said' act; and no officer of the Army shall lose hiscommis..c;ion by and explorations on the ground that those people are foreigners. reason thereof: Pr01:ided, That nothing herein contained shall be held to ex· tend the time for the appointment and qualification of any such officers They call them Laplanders, as though there were something odious beyond the 1st day of August, 1900. in that, Mr. President. As a matter of fact-and it is a matter of Mr. FORAKER. I withdraw the request for present consid­ history, and you may see it in magazine articles-the first dis­ eration and ask that both the message and the joint resolution be coveries of gold at Cape Nome were by Swede missionaries, who referred to the Committee on Pacific Islands and Porto Rico. had gone there two or more years before, and located at what is The PRESIDENT pro tempore. They will both be printed and called Golofnin Bay. They had located there, and one of the mis­ eo referred, in the absence of objection. sionaries, a Swede, bad been there a great many years. CAROLINE WIENHIMER. Through one of his Indian converts he firot got information Mr. COCKRELL. I move to reconsider the vote by which the about gold at Cape Nome. That led to the exploration; and here Senate passed the bill (S. 3436) granting a pension to Caroline we have in this Senate document, which was referred to this after­ Wienhimer; and I ask that the House of Representatives be re· noon, a statement under oath from Dr. Kittilsen, a native-born quested to return the bill to the Senate. citizen of Dane County, Wis., the county where the Senator from The PRESIDENT pro tempore. The Senator from Missouri Wisconsin [Mr. SPOONER] lives, and he and I know Dr. Kittilsen enters a motion to reconsider the vote by which the bill (S. 3436) well; we know his father; he comes of a good family, and is a granting a pension to Caroline Wienhimer was passed and moves reliable and trustworthy man. He states in his affidavit the fol­ that the bilJ be recalled from the House of Representatives. lowing facts: That he is a citizen of the United States, and has been a. resident of the The motion was agreed to. Territory of Alaska since 1896- ME~IORIAL ADDRESSES ON THE LA.TE REPRESENTATIVE DANFORD. He was there two years before the discovery of gold at Cape Mr. FORAKER. :Mr. President, I desire to give notice that on Nome. Friday next, the 20th instant, at half past 4 o'clock, I shall ask the zha he arrived at Cape Nome Ala.'!ka about October 189e- Sena~e to c~nsider resolutions relative to the life, character, and .r ow listen to this- ' ' ' public services of the Hon. LORENZO DANFORD, late a Representa- .' . . tive in Congress from Ohio ~ that prior to tnat time there were three men located at Cape Nome; two · of them were Swedes by birth, but had been in the United States some ten CIVIL GOVERNMENT FOR .A.LASK.A.. to. fifteen years; the third was a Norwegian. Two ~ther J.le.rsons went there The Senate, as in Committee of the Whole, resumed the consi _ with me; one of them a Laplander and one an American citizen. eration of the bill (S. 3419) making further provision for a 1 civil There is the whole basis, in the first instance, of the cry of "Lap- government for Alaska, and for other purposes. landers." Out of the six individuals who first made the discovery The PRESIDENT pro tempore. The question is on the amend- and located at Cape Nome only one was a Laplander. Those ment offered by the Senator from North Dakota [Mr. HANs- Swedes were missionaries who had been ten or fifteen years in BROUGH]. that country, and they were the original locators. In addition to 1\Ir. CARTER. I offer the substitute which I send to the desk this, there were some more people who came there, who were for that amendment, in the hope that it may result in reconciling brought there by an agent of the Government. views and in brin::ting about speedy action on the bill. The Senator from .Montana has conjured up a sort of Japanese The PRESIDENT pro tempore. The proposed substitute will or Chinese nightmare. There are no Japanese or Chinese holding be read. any of these claims at present. The men whose claims it is at- Mr. TELLER. I suggest to the Senator that he had better let tempted to reach by this legislation belong to four classes of peo­ ns vote on the amendment; and then, if he wants to add some- ple. A part of them are Laplanders, a part of them are Finns, a thing, he can do it. · I think we may prefer to first have a vote on part of them are Norwegians, and a part of them are Swedes. the amendment of the Senator from North Dakota. How did these people come to be there? Where were they from? Mr. UARTER. I will do that if the Senator from Colorado Those Laplanders w-ere brought there by the Government, through prefers. its agent, Dr. Jackson, of the Department of Education • .Mr. TELLER. I would rather vote on the amendment pro- In 1897 there were some whaling vessels wrecked upon the coast posed by the Senator from North Dakota. When we dispose of there. The Government started out to send relief to them, and that, th~ Senator can offer his amendment, if be thinks it necessary. for the purpose of sending the relief as expeditiously as possible Mr. CARTER. Mr. President, the purpose was to hasten the they conceived the idea of going to Lapland, of procuring rein­ vote, and if such action will result in that desirable end I will deer, and sending Laplanders out there with the expedition for withdraw the proposed amendment. the purpose of relieving those whalers. One or two years before The PRESIDENT pro tempore. The question is on the amend- that time Dr. Jackson had brought some other Laplanders there meut proposed by the Senator from North Dakota [Mr. H.A.Ns- with a view of utilizing the reindeer in that country. He bad BROUGH]. made a beginning of it. The members of the first lot he brought l\Ir. NELSON. Mr. President, I desire to make a brief state- there are not affected by this legislation, as they did not make any ment for the purpose of putting the Senate in possession of what locations. Under the arrangement made with them it was pro- 1 conceive to be the true facts in this case. I vided that after they had stayed a year they were to be retur-ned There is no doubt but what this amendment is intended to be to their native country. But when Dr. Jackson went in 1897 retroactive. It is not intended to make a rule for the future; it to procure a lot of 500 reindeer for Alaska, he took Rpecial pains is intended to operate on existing rights and existing conditions. to arrange with those men who came with the reindeer that they It is as clear a piece of retroactive legislation as can be found any- were to remain there perms.nently, to make this country their where. If there is any class of legislation that is odious to insti- home. I want to read something on that subject. tutions existing under a republican form of government and Mr. SHOUP. I desire to inquire of the Senator what authority, under a Constitution such as ours, it is legislation t~at is known if any, Dr. Jackson had for saying to those men he brought over either as ex post facto or retroactive. An ex post facto law is a with the reindeer that they should stay there and become citizens law which makes that criminal which was not criminal when the of the United States't act was done. A retroactive lawisalawwhichattemptstocreate Mr. NELSON. I will answer the question. He did not say rights in reference to contracts which did not exist at the time that they were to become citizens of the United States, but he said the contracts were made. he wanted them to stay permanently-to make this their home. In this case it is attempted by this legislation, Mr. President, to The Government of the United States sent its agent over to a give certain persons who, in common parlance out West-and we foreign country to procure reindeer; to secure people to bring ~ay as well call thin~s by their.right names-areknown!Ls claim them.over here and to take charge of them. He represented a Jumpe~·s, and to equip them with legal weapons by ~h1_ch they ~rtam state of_ facts to tho_se people, ar:d they having relied upon can ~am an !ldvantage.that they have ~ot now under existmg law. his r~pres~ntations, would 1t not be takmg a narrow and a petti- It 1s practically admitted here, I beheve, by Senators who have foggmg view of the case to say that Dr. Jackson did not have au­ discussed this question, by the Senator from Colorado, the Sena- Ithority to make such an arrangement? tor from Nevada, and the Senator from Wisconsin, who are fa- Mr. HANSBROr;GH. Will the Senator allow me to ask him a. milia1· with mining law, that foreigners can explore and locate question? 4372 CONGRESSIONAL RECORD-SENATE. APRIL 18,

Mr. NELSON. Certainly. information as to the success of the experiment in transferring Mr. HANSBROUGH. The Senator from Minnesota has laid a reindeer from Lapland to Alaska, and wheth13r they are multi· great deal of stress upon the fact, as he claims-­ plying or likely to subserve the same uses there that they do in Mr. NELSON. I yielded for a question. their native habitat. In other words, we have spent a good daal Mr. HANSBROUGH. I desire toputaquestion totheSenator. of money on this reindeer experiment, and it seems to have gotten Mr. NELSON. Very well. us into a row over gold. I should like to get at the facts, if they Mr. HANSBROUGH. The Senator has laid great stress upon are within the reach of anyone, as to what the result of the trans­ the fact, as he claims, that the aliens who are now claiming the fer of the reindeer from Lapland to Alaska has been. mines in the Cape Nome district were the discoverers of that Mr. CHANDLER. I rise to a question of order, which is district-- whether it is in order, when the qnestion of miners' 1·ights and the Mr. NELSON. Those Laplanders? rights of aliens is being discussed, 1lo introduce a discussion of the Mr. HANSBROUGH. Those Laplanders and others. subject of the acclimatization of reindeer in Alaska? Mr. NELSON. I will give you the list of names from Dr. Kit­ The PRESIDING OFFICER (Mr. CLARK of Wyoming jn the tilsen's affidavit. chair). The Senator from Minnesota yielded to the interruption. Mr. HANSBROUGH. If the Senator will permit me-I know Mr. TILLMAN. Will the Senator from Minnesota yield to me he wants to be right in this matter-and I am sure I do. I do to answer the Senator from New Hampshire? not want to do anybody any injustice in any form; but I have Mr. NELSON. I was going to suggest to the Senator from here a document which has been printed by the Senate, a statement South Carolina, as an answer to it, that it would be about as apt of the president of the Law and Order League, of Alaska, signed as it sometimes is to discuss the negro question down South and by 52 members of that league, consisting of some of the best men the right of suffrage. in that country. I desire to read just briefly, if the Senator will Mr. TILLMAN. I have no purpose of trying to divert the Sen­ allow, from this document, and then will ask leave to print. This ator from Minnesota. document goes on to say: Mr. NELSON. I do not refer to the Senator from South Caro· A bout the 25th of April, 1898, gold was discovered in this section by a party lina. of four men, consisting of A. P. Mandaunt, H. L. Blake, D. B. Libby, and Mr. TILLMAN. I want some information, and he seoms to L. F. Melsing. know about this matter. I sympathize with his object. That* the aforesaid* H. L.* Blake and •one 0. H. Holtberg-* "_ " Mr. NELSON. I will explain it, if the Senator will listen to me. Mr. NELSON. Is he a Laplander? I will come to it directly. Mr. HANSBROUGH. I do not know what he is. Mr. TILLMAN. I want to get a chance to answer the Senator Mr. NELSON. He is a Swede. from New Hampshire. He is always interjecting something that Mr. HANSBROUGH (continuing)- does not belong here, and I have as many rights here as anybody, Mr. NELSON. I yield to the Senator from South Carolina to made the first discovery of gold during the summer of 1898, in what is now known as Cape Nome mining district, and afterwards imparted the informa· answer the question. tion of such discoveries to their supposed friends, H. P. Anderson and H. E. Mr. CHANDLER. If the Senator from South Carolina will Carlson, the Swedish missionaries, res-pectively at Golovin Bay and Unalak­ let, and it was agreed between them that they would return to said district allow me before he jumps onto me, as he says he proposes to do, together at a later date and organize a mining district. Tbe aforesaid mis­ I have not interjected anything. The Senator from South Caro· sionaries, disregarding their promise, secretly and clandestinely and un­ lina interjected the Siberian reindeer into this discussion about known to the said Blake, organized a_party consisting of E. Lindbloom, E. miners' rights, and I simply say that it is out of order, or it ought Linderberg (who is employed by the United States Government in the care of the reindeer station at Eaton), W. C. Price- to be ont of order, and if the Chair shows the wisdom and .dis· A relative of Mr. Lane, I believe- cretion that I believe exist in his brain he will so rule. Mr. TILLMAN. Without waiting for the Chair to say any­ a.nd E. N. Kittelsen, and 12 Laplanders (whose names are unknown) in the United States Government employ, and sent them to Cape Nome to locate thing on that subject, 1 will state that the Senator from New mining claims in the aforesaid Cape Nome mining district and organize the Hampshire has interjected himself into this discussion, and I same, and they did so locate many claims and organize said di.strict. think he is just as foreign to it as anything else. I thonght it was necessary in this debate to show that there is Mr. NELSON. The Government, or that part of the Govern• good and sufficient evidence here on the authority of renutable ment which represents and has for years i·epresented education men from Alaska that these gentlemen, Lindbloom and Linder­ in Alaska, conceived the idea (I think the senior Senator from berg, did not discover the Cape district, but that it was discovered Colorado, perhaps, was the means of having the first steps taken by Blake and this man Holtberg. in Congress to secure legislation for that purpose) of introducing Mr. STEWART. There is not a particle of evidencethat Blake reindeer into Alaska. In order to get the reindeer there and to was ever there. This is hearsav from some miners two or three make a success of their introduction, it was necessary to get hundred miles off. No man says he was on the ground as the people who live in Lapland, who are accustomed to reindeer and other men did. know how to take care of them, know how to break them in, Mr. NELSON. Mr. President, I wish to say to the Senator from how to hitch them up and drive them, for the reindeer of Lap­ North Dakota that he was not exactly fair. Itwasnotaquestion. land are not only used for meat and d1·ink and clothing and all It was more than that. It was interjecting a statement. I desire that, but they are also used for transportation. They are the to say to him that the so-called law and order league, of which he beasts of burden. They are the travelers of the country. speaks and which is referred to in the document he has had The representative of our Government in 1897 went to Lap­ printed, is simply an organization-I may as well call things by land to bring these people here with their reindeer. In the prov· their right names-which came there, and its purpose was to ince of Lapland, mixed in with the Laplanders, there are a few jump these claims and drive out the Swedes and Norwegians and Norwegians and a few Finns. The Norwegians occupy pretty Laplanders. I shall come to that point by and by as I go along. much the same relation to the Laplanders of that country that I do not propose at this time to be diverted from what I am about the whites do to the colored people down South. A few of the to state. Norwegians and Swedes who were mixed in there with the Lap· Now, who are the Finns and Laplanders that our Government landers came over with the deer. Dr. Jackson made an arrange· got into this country? Who are the people who went there and ment with them by which they were to come here and stay for what purpose did they go? In the northern part of Norway permanently. He rushed them across the country as rapidly as and Sweden and the extreme northern part of Russia, north of the he could. When they got to Port Townsend, Puget Sound, a province of Finland and within the limits of the arctic circle, is a number of them, to show their good faith, went before the clerk dreary waste of icebergs and snow. No vegetation of any conse­ of the court at Port Townsend-the clerk of the United States quence is there except moss and a few stunted birch. The coun­ court, I believe, or a State court-and declared their intention to try wonld be utterly unpopulated and unsettled and of no use if become citizens. it were not for the Finns or Laplanders who have settled in that There were a few others who wanted to do it, but Dr. Jackso~ country. That whole country has for years and years been occu­ hurried them along and said, "You can have that done in Alaska.' pied by the Laplanders. Their chief property consists of herds of They went up to St. Michael; and when they got to St. Michael, reindeer. The reindeer furnish them their milk, their butter, they went before the United States court commissioner. Dr. their cheese, skins for their clothing, skins for bedding, skins to Jackson, an American citizen, whom you all know, thought it cover tents with, and they furnish meat. A man's wealth is was legal. He advised those people, some of them Swedes, some measured by the number of 1·eindeer he owns. of them Norwegians, some Laplanders, to go before the court There are two classes of those Lapps, one class known as Moun­ commissioner and take out their first papers, as we call them; de· tain Lapps, living up in the interior, who herd the reindeer, tak­ clare their intention. They did it in good faith, and imagined ing care of them summer and winter. Then there is another they complied with the law. Unfortunately under our law a. class living near the seacoast, near the fiords and bays. They person can not declare his intention before a United St.ates court live partly by fishing and partly by keeping reindeer. In that commissioner. He must do it before the clerk of the court or the country these Lapps have settled, and they have made use of that judge of the court. That is the misfortune of these people, nnd country for many hundreds of years. it is sought he1·e to take advantage of the fact that these people Mr. TILLMAN. I shonld like to ask the Senator if he has any had not declared their intention in a proper way. 1900. CONGRESSIONAL RECORD-SENATE. 4373

The Laplanders would never have come to this country. They They all became Lutherans. They became an educated and in­ are not an emigrating -people. There is no more danger of their telligent people. There was a great admixture with Swedes, and coming here than there is of the people of this country moving to that educated them. Many of them, or most of them, read and Lapland, where they come from. They occupy the country within spoke the Swedish language. Theirgreatpoetsand great authors the Arctic Circle, in the Scandinavian countries, and they are all wrote in the Swedish language. never known to emigrate farther south. Occasionally, in the mid­ They had a government of their own, and when finally Sweden dle of the summer, they will drive their herds down on the high was compelled to relinquish the province of Finland to Russia at mountains in the southern part of Sweden and Norway and pas­ the beginning of this century, they were permitted until within ture them for a brief period, but they never go there to live. They the last year to retain their own government, an, when 4-0 of those who were dis­ charged from the service went to the mines at Cape Nome. conditions, we ought not to take advantage of a mere technicality Of the party that took up claims at the mines I am informed and.be:ieve and say," You ought to be frozen out because you have not de­ 26 were Norwegians and Finns and but 14 were Lo.pps. clared your intention, or because you declared your intention Who are the Finns? That is another class. before a court commissioner instead of the clerk of the court." Mr. PETTIGREW. Will the Senator allow me to ask him a. Why should we resort to u species of retroactive legislation that question? Can he tell how many claims each one of these people we would not have the hardihood or the cheek to invoke against took? native-born citizens? The spirit of the United States of America, Mr. NELSON. I have no means to answer the question, but ever since it became an independent nation, ha3 been contrary to would that cut any figure if they were native-born citizens? all such notions. This country has always up to the present day Mr. PEr.rTIGREW. I simply asked for information. extended its arms and held its doors open to the people of the Old Mr. NELSON. I put the question to the Senator from Mon­ World, and when they have come here and behaved as good citi­ tana, or the Senator from North Dakota, or the Senator from zens America has received them with open arms and treated them South Dakota, if these were American citizens-native-born citi­ as though they wern fo the manner born. · zens-would it cut any figure how many claims they took? If it While I make this statement as a matter of justice to those peo­ would not in their case, why should yon make a different rule in ple, I have this to say, and I do not want any of you to feel that I the caEe of these people, who have come here under the conditions am unpatriotic: If you desire to fence in Alaska and keep this I have indicated. class of people out, if you want to keep the Finns and the Lap· Who are the Finns? I will tell you who they are. The province landers and the Swedes and the Norwegians out of Alaska for the of Finland is situate north of the city of St. Petersburg. There future, I shall make no objection and shall puli no obstruction to are about two and a half million p2ople. It was a country that it; but when people have gone there under the conditions that was originally settled and colonized by the Swedes over four hun­ those p~')ple have, all I ask is that you treat them just as you would dred years ago, when the Finns were barbarians. It remained treat them if they were native-born citizens. That is all I ask. under the control of Sweden as a province-a colony of Sweden­ If my friend the Senator from Montana will Iimi this amendment for nearly four hundred years, until the beginning of the nine­ to cover future cases he can fence out everybody in creation, from teenth centnry-1think1807 or 1808-when Russia acquired the the angel Gabriel down to his Japanese and Chinese. . country. They became civilized. The Swedes Christianized them. In response to the question of the Senator from South Carolina 4374 CONGRESSIONAL RECORD-SENATE. APRIL 18,

[Mr. TILLMAN], I am unable to state exactly what success there cile all the rumors relaiive to Alaska, and particularly to the gold has been in the introduction of reindeer in Ala.ska. I think the fields, to anything like the truth. · Senator from Colorado rMr. TELLER], who, as far as legislation is It has been the purpose of the committee having this bill in concerned, may be consiaered the father of that kind of legislation, charge from the beginning to provide a system of law that would would be able to give the Senator from South Carolina more infor- be universally applicable and would not invade any existing or mation on that subject than I can. My understanding is that to vested rights. When the bill was presented upon the floor the a large extent it has been a great success, and I think in course of Senator from North Dakota and other Senators objected to section time the hills and valleys of Alaska can be covered with reindeer 73 of the bill, which provides that- as they are in Lapland, in the northern part of Norway and The title to any lands heretofore conveyed shall not be questioned or in any Sweden. manner affected by reason of the alienage of any person from or through I have not any doubt about it, because the kind of pasturage is whom such title mav have been derived. there. The reindeer live upon a kind of moss in summer and The preceding section gave to aliens the right to hold property winter. They do not put up any hay for reindeer. In summer in Alaska irrespective of any law heretofore passed or existing. they get at the moss easily. In winter they have to paw off the Objecting to this section 73, the Senator from North Dakota pre­ snow, but they get at it even where the snow is 3, 4, and 5 feet sented his amendment. The discussion upon that amendment has deep. It is no more difficult for the reindeer to subsist and get taken a somewhat wide range and has been characterized by a along jn Alaska than in Lapland. There is the same kind of food, dealing in terms of opprobium, crimination, and recrimination, the same climate in Alaska that there is in Lapland. In fact, with which we have nothing whatever to do in this Chamber. Lapland is farther north. I think the center of Alaska is at 65° The discussion has demonstrated one fact very clearly, that cer­ north latitude, while nearly all of Lapland is north of the Arctic tain Senators believe that an alien, without declaring bis iutention Circle and between 65° and 70°. to become a citizen of the United States, has as good a right to There is one other matter that I forgot to state, and I want to locate a mining claim on the public domain of the United States state it here. I want to tell it just as I understand it. I have as any citizen of the country, whether native born or naturalized. talked with this Dr. Kittilsen. One of the missionaries, Mr. An- In 1872 the present mining law was passed, and by section 2319 derson, a Lutheran missionary, came down in the early part of the of the Revised Statutes, which formed a part of that Jaw, loca­ wjnter and saw me about this matter. What did these gentle- tions upon the public domain of mineral land were limited to per­ men say to me? It is not here in the record, but I feel I must tell sons who were citizens of the United States, or had declared their the Senate what these gentlemen told me. They said: "We hap- intention to become citizens. That law was uniformly construed :vaned to be the fast locators there. We got good claims. As by the local courts in the mining States to permit and to allude soon as it was found out, there was a rush in there, and then they to a litigation to raise the question of citizenship as to a locator. wanted to jump our claims; they raised a hue and cry and said, Later on the Supreme Court of the United States held that a 'Damn Lapps, damn Norwegians. damn Finns, damn Swedes, these party to a litigation could not raise tr.e question of the citizenship foreigners.'" And they organized what they called this league, and of the locator; that that question could only be raised by the they attempted to drive those Swedes and Lapps and Finns and Government of the United States. Norwegians out of the country. But the United States officers Now, as a result of t~ law and the construction of it by the there, civil and military, protected them, and that is one of the Supreme Court, it is contended that an alien may, notwithstand­ complaints we have. Petitions are here asking ~for the removal ing the statute fails to give him the rjght, locate a mining claim, of the United States military officer in command of that district and his right to its possession may not be questioned by any citi­ because the civil officers and the military officers, with troops of zen or by any power except the sovereign power, the Govern­ the United States, protected these people out there in their rights; ment itself. This I do not believe to be in conformity with the and now these claim jumpers come here to Congress and want us settled legislative policy of the Government. I believe thatwhen to give them legislation and fortify them in a manner in which the United States Congress, in 1872, passed a law providing that they were never fortified before. mining claims could be located only by citizens or persons who One of those men who came to see me told me, with tears in his had declared their intention to become citizens, it did not intend eyes, how they had persecuted him. One of these men, Mr. Lin- to give the right to aliens who had not declared their intention to derberg, a Norwegian, who came with these Laplanders and make mining locations. And yet if the Government is the only whose affidavit is here, told how they had attempted to drive him authority capable of raising the question, then the mining loca­ out of the country; and to-dey in this very Chamber a gentleman tion may be made in violation of law, and possession may be con­ informed me that they have organized what they call a Law and tinued indefinitely unless the Government of the United States Order League, a certain class of miners out there on the Pacific objects. coast somewhere, to go up and drive these people out of the conn- Now, let me state the only question to be decided. I do not try; and he intimated to me that unless legislation were passed in think the amendment of the ::;enator from North Dakota raises it the interest of these men, there would be bloodshed up there. I fairly or limits the issue sufficiently. It is this: Shall it hence­ do not believe anything of the kind. I believe the great mass of forth be the settled policy of the United States to reverse the act the American miners who are up in that country are law·abiding of 1872 and permit persons to locate claims upon the public domain citizens and will do what is just and fair; and I think that this under the mining laws who are not citizens and have not declared is simply a small lawle8S element that is trying to take advantage their intention to become citizens? If that is to be the settled of the exploration and discovery of these mines. I sincerely trust poJ ·;cy, let the Congress so decide. If, on the contrary, it is desired that the Senate will not aid them in their enterprise. 1 that we adhere to the law as passed in 1872, that only citizens or Mr. TILLMAN. Mr. President, the Senator from Minnesota pel'sons who have declared their intention to become citizens shall seemed to object to my asking him a perfectly relevant question. be permitted to locate mining claims on the public domain, then Mr. NELSON. No; I did not object. we must provide that in any litigation concerning the title to a Mr. TILLMAN. I want to disabuse the Senator·s mind of any mining claim any party in interest may put the citizenship ques­ idea that I had such a purpose. I hava listened with a great deal ti an in issue. At present, in the face of the decisions of the Su­ of interest to his recital of the habits of the reindeer and the de- µreme Court of the United States, a party to the record can not do sirability of getting them over there, and I wanted to know the this. result of the experiment. I will ask the Senator from Colorado I suggest as a substitute for the amendment of the Senator from [Mr. ~ELLER] to tell us just what we have got for t~e m_oney we ~orth Da~ota ~n.amendmeD:t 'which_w~ll in~rfer.e with no _vested spent m sending to Lapland to get these men and theu ammals, to right, which will mterfere with noeXlstmg ht1gat10n, and will not, carry them over there, and what they can do with them in this if the views of the Benator from Nevada are correct, result in a Territory of ours. change of anybody's title. The amendment is brief. Permit me I want to say to him that I sympathize absolutely with his idea to read it: that these Laplanders up there have as many rights as anybody That nothing in this act contained shall be construed as changing t.he else, and that if there is any legislation necessary here, it ought to existing mining laws of the United States, but in any suit, action, or pro­ be to protect them rather than to have the legal status which now ceeding hereafter commenced involving the validity of an unpatented nliu- ists changed. ing Jocation on the public domain, any party alleging an interest in the sub­ ex ject·matter may put the competency of the locator in is1>ue. and the court I know nothing about the merits of this case except in a general shall determine whether thti locator was a citizen or had declared his inten­ way as I gather it from the debate. But it seems that unless we tion to become a citizen of the United States at the time the location was now change the status by some ex post facto legislation, or by made. some law that will be retroactivfl in its effect, these Laplanders Now, in order to reach the persons referred to by the Senator and those who have purchased from them have rights that the from Minnesota fMr. NELSON] as having in good faith declared courts will adjudicate; and I do not see any reason why we should their jntention to become citizens of the United States before a not let the courts settle this business and go on and finish thjs commissioner, who was not authorized by law to accept such dec­ Alaska bill, ancl take this amendment by the nape of the neck and laration, I am perfectly willing to accept an amendment to this kick it out of tbe Senate. amendment whkh shall, in so far as mjning locations are con- Mr. CARTER. .M:r. President, it is quite impossible to recon- earned, validate that act, which was irregular and illegal, so as to 1900. CONGRESSIONAL RECORD-SENATE. · -1375 give them the benefit of an act which they performed in good faith. law; and I do not intend that it shall be changed on a statute of I do not see any objection to that. If those persons who came in this kind if I can prevent it. from Finland and Norway and Sweden and Lapland desired to de­ Mr. President, I know something about what this means. If clare their intention, but through some mishap or ignorance on the Senator thinks that he can, by his attack upon us, make it ap­ their part failed to appear before the proper officer, it is a proper pear that we are in favor of repealing the law that exists and subject for remedial legislation on the part of Congress in my change front on this question, he will find he is mistaken. No opinion. It is useless here to undertake to settle questions of dis­ one proposes to change tte law that I know of except the Senator pute concerning what happened 8,000 miles from here. We can from North Dakota and tbe Senator from Montana. They pro­ only deal with principles. pose to do it at the demand of a· certain class of disreputable scala­ If it is the view of the Senator from Nevada fMr. STEWART] wags who invade every mining camp on this continent and who and the Senator from C0lorado [Mr. TELLER] tnat henceforth are known as mine jumpers. persons who take not sufficient interest in our Government to de­ Mr. CARTER. They are just ordinary American citizens. cfare intention to become a part of its citizenship may locate the Mr. TELLER. It does not make any difference whether they public domain of the United States and hold it under the mining are citizens or not, they are the men who go out and wait until laws of the country, then upon the Senate and the Congress may some hardy miner, whether he be citizen or whether he be-not, rest the burden and the credit. has discovered something, and then they attempt to steal it. We Mr. President, I for one would not extend to any man of for­ have had trouble with such people for forty years in the part of eign birth, unwilling to declare his intention to become a citizen, the country in which I live. the right to take gold from the public domain of the United States Now, Mr. President, we do not propose, I repeat, to change the no more than I would permit him to go upon our public domain law. If these people have no right to this land, the courts are ancl take up a homestead without first declaring bis intention to open to the men who have attempted to jump it from them. become a citizen. What the Senator proposes is to change the law so that the men The ownership of the soil of every country chiefly vests in the who ha>e not got any standing in court can get it. That is what citizens of the country. Birds of passage, having no interest in his amendment will do, and it is no answer to our objection to om:. institutions, accepting no obligations to fight under our flag say that the Senator from Colorado wants to change front and when the flag needs defense, should not be permitted all the time let the whole world. the foreign world, gobble up the mining and everywhere to enjoy the same privileges we accord to our lands of the United States. citizens of native birth and to those well-meaning persons of for­ Mr. Pr2sident, from 1848 to 1862 there was no law, either made eign birth who desire to become a part of our body politic. The by miner or made by any legislative body on this continent, that declaration of intention to become a citizen of the United States made a distinction, as to the man who took a miningclaim, between is not a drastic prerequisite to the enjoyment of the benefits of a citizen and a foreigner. California was settled with thousands citizenship. It is not an unreasonable request for the Government of foreigners, taking the mining land and extracting from it the to make. It has not been so regarded. riches that went into the country and made it prosperous and I believe, Mr. President, that when the sober judgment of Con­ happy. The same thing was done in the camp in which I lived; gress shall have been taken upon this subject it will be in favor and I repeat, until 1866 nobody heard of limiting the appropria­ of the American miner, native born or naturalized, or who has tion of mining lands to citizens and excluding aliens. declared his intention to become a citizen. In the State I have Mr. President, no harm came to the country, and the American the honor to represent there are hundreds of miners of foreign miner did not complain. In that law it is provided that no man birth, born in all parts of Europe. I said hundreds, yea, thousands. shall take it unless he is a citizen, and the Government of the Perhaps one-third of the populationoftheStatewerebornabroad. United States has the power at any hour that it sees fit to put that Not a single solitary individual in the entire citizenship of that law in force and take it away from the alien if he attempts to State, which was first to send an organized regiment into the appropriate it. field in the Spanish war, would to-night for one moment contend The act of 1866 limiting appropriation of mining claims to citi­ that persons of foreign birth, taking not sufficient interest in our zens was unchanged until the act of 1897. institutions to declare intention to become citizens, should go into Then, if I mistake not, with the assistance of the Senator from the mountains of Montana an-d enjoy the same rights and privi­ Montana, this act of 1897 was passed which has been read here. leges accorded to the people who are a part of its citizenship, a Passed why, Mr. President? Because a law had slipped throngh part of its electorate, whether native born or naturalized. here, which nobody thought would apply to mining claims, to All there is to this amendment here presented is embodied in prevent the appropriation of the agricultural lands of this counb·y the mere statement that it gives to parties contesting over the by forejgners in great tracts-not in single quarter sections, but right to hold parts of the public domain the right to question the in great tracts. When it was found that the miner coulcl not sen other man's citizenship. If the Senator from Minnesota will pre· his claim to a foreigner, then there arose a demand in the Senator·s pare an amendment that will embody the thought he so feelingly community, as in mine, that there should be a change of this law, expressed that these Finns, Laplanders, Norwegians, and other and then this law of 1897 was put on the statute book and has been persons who went in there and declared their intention to become since in effect. citizens before the notary public or the commissioner, I should be Mr. President, if there has been any change of law, the Senator glad to accept it, because it seems to be just. There is an im­ has had his hand in it. I never saw the law and never heard of measurable distance between that remediable proposition and the it until this debate began. · What does it provide? It provides one insisted upon by the Senator from Nevada, that henceforth, that a foreigner who is a bona fide resident of a Territory, shall regardless of citizenship, every alien may locate and hold claims have the same right exactly as a citizen has as to owning mining upon the public domain of the United States under our mining claims, and under that law these men have taken prope1·ty in laws. To that proposition I am unalterably opposed. Alaska. Since it has been sprung in the Senate and so earnestly insisted I want to say to the Senator here and to the Senate that I do upon, it is the duty of the Senate to settle the policy here and now. not believe the time has come when the American Senate is going It is not complicated. It is a bare question of public policy: Shall to take out of the courts that question and attempt to try it here. • we allow persons of foreign birth who have not declared their in­ If the American people are afraid of foreign domination in tention to become citizens of the United States an unlimited right, mining lands, it is the fault of the Administration, whatever it except as to the Government itself, to locate minfng claims on the may be, that they do not come in here and put in force the law public domain? If you believe we should, reverse the policy of which provides for office-found, or what is equivalent to that, an over thirty years and let us start out upon a new departure and escheat. give full notice to all the peoples of all the world that whatsoever Why, Mr. President, tbe law has been from time immemorial we have in our public domain of treasure may be sh~ued by all, that a man·stitle can not be questioned because he is a foreigner without reference to their allegiance to our flag. until office-found, and the Supreme Court have so held distinctly M1·. TELLER. Mr. President, I wish to assure the Senator and repeatedly. I challenge the statement the Senator made the from Montana that under a claim of zeal for the American miners other night, that there has been anywhere in the United States he is not going to succeed in getting the Senate of the United under the mining law any system of jurisprudence which denied States to engage in settling any mining disputes between the peo­ foreigners the right to take and to hold until office-found, except ple who are here demanding this legislation for that purpose and for a short time. I know what the decision was in Montana, and for nothing else-- I know what a district court held in Colorado; but it was re­ 1\Ir. CARTER. Mr. President, I resent that statement as un­ versed. authorized and unwarranted. l\fr. CARTER. That is what I contended. Mr. TELLER. I declinetobe inten-uptedjustat this moment. Mr. TELLER. Yes, that is what the Senator contended; but Mr. CARTER. The amendment-I call the Senator's atten­ the Senator contended more. He contended that there had been a tion--relates to-- practice in this country that foreigners could not take and could Mr. TEL_LER. The Senator has assumed, withuuttheslightest not hold. I do not think that it has been held in any community, reason for 1t, t~at I want to change the mining law. Mr. Presi­ except in the cases the Senator cited, that foreigners could not dent, I have said here that I do not want to change the mining take and hold until the Government questioned their title, and in 4376 CONGRESSIONAL RECORD-SENATE. APRIL 18,

this act of 1897 it is ex industria provided that when the Govern­ to do that. Were they any better men after they had taken the ment shall assail that title a man is not robbed of his property. oath before that clerk than they were when they took it before What does the Senator want to do? Does he want these men the mustering officer? Were they any mo1·e entitled to the kindly who have got a paper title, who have never put their hands on care of this Government because of that oath than they were these claims, to be allowed to go into court and raise the q:nestion when they risked their lives in the defense of the integrity of their as to the title of these men who have, after much labor perhaps, adopted land? · created great value in the claim, when the statute of the United Our statute says "bona fide residents," and the Senator wants States, when it escheats the property, declares that the money to incorporate in the statute the words" bona fide citizens." Mr. the property brings shall go back t-0 the man who holds it in con­ President, if there is any evil here at all, that evil can always be travention of law? This statute provides that if a man holds a met by the United States attorney. It can always be met by a claim in contravention of law, he may sell it to any man that he proceeding to compel such a man to take out his first papen;, or pleases, and the title is good. to forfeit his claim by a proceeding in court. If he lets it go to a Mr. President, the Senator's amendment will raise the question conclusion, this great Government does not steal his little all; it in the courts, give a standing in court to these men, these black­ turns it over to him, and lets him have it. What the Senator's mailers-for that is what they are. In ninety-nine cases out of amendment will do would be to let the blackmailer and the one hundred when a man puts his claim on another's, he is a black­ jumper of claims contest it with the locator and ultimately become mailer and a thief. It has been the curse of the mining camps, the owner of it. I am glad to say that every nation in the world ever since we have had a mining camp, that this class of men that I know of has denied that right to the interloper and the in­ were allowed to go unhanged, and in many camps in which I have vader. been, Mr. President, the people in their might have sometime said Mr. President, if I speak with a little warmth on this subject, to those fellows, "Yon get out of this camp; i• and they have got it is because I have seen the evil of it. I have seen a man with a. out. claim as righteous as any man ever had in the world, and I have Mr. President, let these people go to the courts if they have a seen ~, blackmailer, getting behind him a. capitalist, worry the claim. If by filing a preemption claim, as we call it, over the owner until he has robbed him of the better part, and in some in­ possession, which the court has said is no claim whatever-if any stances of all, of hjg claim because he could not keep up the fight court can be found that will sustain such a claim, let them estab­ with his richer and abler antagonist. lish their claim there. We ought not to legislate here in a way to Mr. President, if there is a class of men who are contemned and give them any advantage which they do not now have. despised in the mining camps it is the claim jumpers; and no man Why does the Senator want to legislate in this way if he does despises them more than I do. These men who are coming here not propose to give these people more than they are now entitled with their attorney show themselves to be Jumpers when they come to? He is not willing to accept what the Senator from Minnesota here and ask us to give them a standing in court with a provision [Mr. NELSONJ has said he would be willing to accept; that is, to of law that shall unsettle a well-adjudicated line of decisions that apply the proposed law to claims which shall be located hereafter. a man in l?OSsession of a mining claim, no matter what the vice No, Mr. President, the Senator is not willing to do that. might be in the inception of his claim, is protected from an out­ Mr. CARTER. Is the Senator willing to do that? sider filing a claim over him. Mr. TELLER. I am not willing to do that. I think when I Mr. President, when you come to amend the mining laws, if you state to the Senate why I am not willing to do that, the Senate want to do so, put in something more stringent, but I insist will see that it ought not to be done. there bas never been any abuse of these laws and there is no rea­ There is a class of men in the mining country who are known son for such legislation now. The assumption of the Senator from as prospectors. They are a class who have grown up with the Montana that we are inviting all the world to come in is not cor­ country; they are sui generis; they go wherever they hear that rect, for we do not propose to do so. If he thinks we do, let him there is a new mining camp. If you start a story in the mining confine his legislation-which he has not done in this amendment, regions that there is a new rich camp 50 miles or 100 miles or 500 and which he does not propose to do-let him confine it to claims miles away, you will see the prospectors gathering together, get­ that shall be located hereaft.er. Then all the world will know ting their pack animals and horses ready; and away they go. upon what t.erms such claims are to be located. Do not let us Why, Mr. President, it has been said, I think, a thousand tiines change a rule of law which has become a rule of property since that they were only happy when hunting a claim. When they 1866. find one, they look around immediately for some man to whom l\lr. President, the mining interests of this country al'0 great they can transfer it. They never expect to do any more work interests. We have put out in this country in the last forty-eight than to find a claim. They are the men who uncover the hidden years more than half of all the metal money that has been in cir­ riches, who enrich thousands of other people, but rarely get rich culation in the world; and we are to put out more. We have themselves. They are deserving and worthy people; and they thousands of mining camps, and no mining camp has ever asked render immense benefit to the country by their industry and their for any legislation of this kind upon this subject. Cripple Creek, enterprise. They are the men who transmit, I may say, the which has put out its thirty or forty mmion dollars a year, has inchoate title, which ripens ultimately into a fee-simple title from had nobody here demanding a change in the mining laws. The the Government. miners there have not found any danger of foreign interference. But, Mr. President, you can not inquire when you go to buy a They have felt that they were running no risks of hordes of for· claim if the locator of the claim was a citizen. How can you de­ eigners coming over here and dominating Americans; and they termine that question? To what confusion would it lead you, have not felt that they had any representative on this floor who owing to the frequent transfer of these claims? I may say that was unmindful of their interests. The miners of the great State no community would be prosperous if mining claims could not be of Colorado do not need the fostering and kindly care of either transferred from the original prospector, who has not the money the Senator from Montana or the Senatorfroi:p. North Dakota. to develop them, to the man who has got the funds to develop Mr. CARTER. Mr. President, the hourislate,andlmovethat them. How can you determine whether the man is a foreigner the Senate do now adjourn. • or not? He may 'have an American name. He may be Jones or ·Mr. DAVIS. I trust the Senator will withdraw that motion, as Smith. He may sell the claim to a man whom I know. I go to I desire to move an executive session. buy it; and I inquire of him, "Was your prospector a citizen of Mr. CARTER. I withdraw the motion. the United States?" "Certainly he was." The presumption The PRESIDING OFFICER (Mr. GALLINGER in the chair), ought to be that he is a citizen. But, Mr. President, suppose it" The motion is withdrawn. is found out under this provision, which the Senator is anxious to Mr. CARTER submitted the following amendment; which was incorporate into the statute, that the man was not a citizen; then ordered to be printed: I have bought a claim which may have passed through perhaps Strike out sections 73 and 74: and insert: half a dozen persons since its original location, and the question "SEC.-. That nothing in this act contained shall be construed as changing the existing mining laws of the United States, but in any suit, action, or pro­ of citizenship is raised. That is what the amendment of the Sen­ ceeding he1·eaftercommenced involving the validity of an unpatented mining ator from Montana, whether he wants to or not, will do. That location on the public domain any party alleging an interest in the subject­ ought not to be done. matter may put the competency of the locator in issue, and the com·t shall determine whether the locator was a citizen or had declared his intention to Mr. CARTER. Will the Senator yield to me for a question? become a citizen of the United States at the time the location was made." Mr. TELLER. Certainly. Mr. CARTER. Is it not true that before the claim will be EXECUTIVE SESSION, patented by the Umted States the proof of citizenship of the lo­ Mr. DAVIS. I move that the Senate proceed to the considera­ cator must be made? tion of executive business. Mr. TELLER. Always, Mr. President. The locator, when he The motion was agreed to; and the Senate proceeded to the con· comes to get a patent and discovers that he is not a citizen, finds sideration of executive business. After five minutes spent in himself compelled to go over to the clerk's office and there to executive session the doors were reopened, and (at 5 o'clock and swear allegiance to the United States. I have seen men who had 25 minutes p. mt) the Senate adjourned until to-morrow, Thurs· carried muskets in the American Army for four yea.rs compelled day, April 19, 1900, at 12 o'clock meridian. . 1900. CONGRESSIONAL RECORD-HOUSE. 4377

NOMINATIONS. Mr. FOSS. I may state, Mr. Chairman, that this simply makes the bill correspond to the current law in that regard. Executive nominations received by the Senate April 18, 1900. The amendment was agreed to. ASSISTANT SECRETARY OF THE NA VY. The Clerk read as follows: Frank W. Hackett, of New Hampshire, to be Assistant Secretary EMERGENCY FUND, NAVY DEPARTMENT. of the Navy, vice Charles H. Allen, resigned. To meet unforeseen contingencies for the maintenance of the Navy con­ PROMOTION IN THE ARMY-ARTILLERY ARM. stantly arising, to be expended at the discretion of the President, $500,00:>. First Lieut. Samuel D. Sturgis, Sixth Artillery, to be captain, Mr. KITCHIN. Mr. Chairman, lraisethepointof order against April 8, 1900, vice Ostheim, First Artillery, deceased. this emergency-fund provision of the bill. l make the point of COLLECTOR OF CUSTOMS. order that there is no law for it, that it is new legislation, and is obnoxious to the rule. I refer to the paragraph just read by the Robert lr. Wallace, of South Carolina, to be collector of cus­ Clerk, which changes existing law. toms in and for the district of Charleston, in the State of South l\fr. FOSS. Mr. Chairman, I believe that this appropriation for Carolina, in the place of John R. Tolbert, removed. an emergency ftmd to meet unforeseen contingencies for the main­ tenance of the Navy-a fund of $500,000-is in order under the CONFIRMATIONS. rules of the House. This appropriation is for the maintenance of the naval estab­ Executive nominations confirmed lYy the Senate April 18, 1900. lishment in connection with our insular possessions. We have PROMOTIONS IN THE VOLUNTEER ARMY-FORTY-SIXTH INFANTRY. about one-half of ou; Navy:stationed in the Philippines, as well as First Lieut. Henry H. Sheen, Forty-sixth Infantry, to be cap­ one-half of our Marme Corps; and there are a thousand and one tain, April 10, 1900. contingencies which might arise in view of the uncertain condi­ Second Lieut. Richard B. Kavanagh, Forty-sixth Infantry, to tions in those far-away possessions which would make the apprcr be first lieutenant, April 10, 1900. priation necessary. The maintenance of the Navy, Mr. Chairman, has been held to PROMOTION IN THE MARINE-HOSPITAL SERVICE, be a work or object already in progress under the rule, and con­ P.A. Surg. George T. Vaughan, of Virginia, to be surgeon in sequently it comes, in my judgment, under the provisions of Rule · the Marine-Hospital Service of the United States. XX! and within the law. Another thing. This emergency fund, while in the discretion of the President, is to be expended through the different bureaus of the Navy Department, which have been already authorized by HOUSE OF REPRESENTATIVES. law. For these two reasons I hold that the point of order is not WEDNESDAY, April 18, 1900. well taken, and should be overruled. . . Mr. KITCHIN. In reply to the gentleman from Illinois, I de-- The House met at 12 o'clock m. Prayer by the Chaplam, Rev. s;.re to say that, as far as the maintenance of the Navy is con- HENRY N. COUDEN, D. D. . cerned, throughout this bill will be found Hems for the protection The Journal of the proceedings of yesterday was read and ap- and maintenance of the Navy, but that this i~ an entirely new proved. section. It is called "Emergency fnnd, Navy Department." THE SHIPPING BILL, There is absolutely no law and no precedent for it, as I under- Mr. . FITZGERALD of Massachusetts. Mr. Speaker, I ask stand. The language is this: unanimous consent that the minority of the Committee on Mer- EMERGENCY FUND, NAVY DEPARTMENT. chant Marine and Fisheries be given until Friday, April 27, to To meet unforeseen contingencies for the maintenance of the Navy con- brin.g in the minority report on the shipping bill, the Rouse hav- stantly a.rising, to be expended at the discretion of the President, $500,000. ing given that committee hitherto permission to report by the Now, in the first place, 1 think to make it at the disposal of 20th of April. This meets the approval of the Committee on Mer- t k ·t 1 l · · 1 chant Marine and Fisheriesand the distinguished gentleman from the Presiden ma es I new egis ation certam y, but the entire Ohio who is at the head of the committee. fund itself is new legislation. Nowhere in our law can you find J.\Ir. GROSVENOR. I did not understand the length of time any such fund, known as the emergency fund, to be placed at the asked by the gentleman from Massachusetts. disposal of {he President. . land . . Mr. FITZGERALD of Massachusetts. Until Friday, April 27. The gent eman says we have is s m the Or~en~ and we~ow I think that was the a...,.reement. not wh:at may happen there, and ~herefore thIB ~s a necessity. Mr. GROSVENOR.0 Thereis no objection to that, Mr. Speaker. The pomp I made was ?O~ whether it was a necessity or , no~, but The SPEAKER. ThegentlemanfromMassachusettsasksunani- whether it changed eXls~mg ~a~, and th~ gentleman has pomted o a conse t that the minority of the Committee on l\ferch t to?'? precedent t<:> susta1:11 this item. With .all due respect to ~he m u. n . . il Fr.d A il fil h . an opmionof theactingchairmanof theComm1tteeonNavalAffarrs, ~ari!1e and Fisheries bav~unt. i ay, pr 27, ~ et _ermnor- ll1 press my point of order that this is new legislation. ity view~, t~e House havmg given heretofore until April VO.I If this is not new legislation, pray tell me what items might there obJection? . . you not add to this bill. Why not add an item of a million dol- There was no ObJection. lars to be used by the Secretary of the Navy for some general NAVAL APPROPRIATIO~ BILL. - emergency, to be at his disposal? Why not give a constructor of Mr. FOSS. Mr. Speaker, I move that the House resolve itself some navy-yard a million dollars to be at his disposal, because we into Committee of the Whole House on the state of the Union for know not what may happen? The whole structure there might the further consideration of the naval appropriation bill. be burned. But I believe that this Congress ought to exercise its The motion was agre·ed to. own judgment in appropriating money, and until Congress has The House accordingly resolved itself into Committee of the enactecl the law under which this emergency fund can be p1·operly Whole Honse on the state of the Union, Mr. PAYNE in the chair. appropriated, it is clear to my mind that it is new legislation and The CHAIRMAN. The Clerk will proceed with the reading of is subject to the point of order. . the bill. Mr. CANNON. Mr. Chairman, I only want to say a word upon The Clerk read as follows: the point of order. The propriety of making this appropriation PAY oF THE NAVY. is one thing. .The right to make it under the rules is another Pay of officers on sea. duty; officers on shore and other duty; officers on thing. Now, this is a fund in the nature of a miscellaneous or waiting orders; officers on the retired list; Admiral's secretat'y: clerks to contingent fund, and the same rule that makes it in order at vari- commandants of yards and stations; clerks to paymastera at yards and sta- ous placr~ in this bill to appropn·ate a conti·ngent f l f · 1 tions; generalstorekeepers,recoivingshipsand othen-PS!:'els; for4additional ~ f'/~ Un( Or misce - clerks, l to commandant, at Sl,500 per year, and 1 to paymaster and general laneous purposes makes it in order to appropriate, so far as the storekeeper, at Sl,300 per year, at Honolulu, and 1 to commandant. ac $1,500 rules are concerned, $500,000- per year, and 1 to :paymaster and general storekeeper. at $1,rno per year, at To meet unforeseen contin~oncies for the maintenance of the Navy con- Samoa; commutation of quarters for officers on shore not occupying public tl · · b d quarters; pay of enlisted men on the retired list; extra pay to men reenlist- stan Y arismg, to e expen e at th9 discretion of the President. ing under honorable discharge; interest o::i deposits by men; pay of petty It seems to me the bare statement of the proposition and of what officers, seamen. landsmen, and apprentice boys, including men in the engi· runs all through every general appropriation bill in making mis- neers' force and for the Fish Commission, 17.5UO men and t,if.J() apprentices un- ll •. · · 1 der tra.ini.Ifg at training stations and on board training ships, and for men de- ce aneous or conamgent appro-pnations wou d cover sufficiently tailed for duty with naval militia at tho pay prescribed by law, $12,810,897. the objection to the point of order. Mr. FOSS. Mr. Chairman, I desire to offer an amendment on Mr. RIXEY. Mr. Chairman-- page 1, line 9, after the word "pay/' to insert the amendment I Mr. CANNON. One moment. Why, Mr. Chairman, it would send to the desk. be in order to appropriate under our rules in the fo1lowing lan- The CHAIRMAN. The Clerk will read the amendment pro- guage: "That there be, and hereby is, appropriated for every pur- posed by the gentleman from Illinois. pose in connection with the Navy, to support the same in pursu- The Clerk read as follows: ance of law and for contingent expenses and unforeseen expenses, in In line 9, on page 1, after the word "pay," insert: "and allowances pre­ to be expended the discretiou of the President for these pur­ scribed by law." poses, $61,000,000." That would be entirely in order under the