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1886. CONGRESSIONAL RECORD-HOUSE. 4509

HOUSE OF REPRESENTATIVES. The SPEAKER. The regular oTder is demanded. Mr. PETERS. I hope the gentleman will withdraw the call for a FRIDAY, May 14, 1886. moment to enable me to ask consent to pass this bill. TheHouse metat 11 o'clock a.m. Prayer by the Chaplain, Rev. W. Mr. MORRISON. I will withdraw the call. H. MILBURN, D. D. . Mr. PETERS. I ask unanimous consent to discharge the Commit­ The Journal of yesterday's proceedings was read and approved. tee of the Whole House on the state of the Union from the further con­ sideration of the bill (S. 1387) for the completion of a. public building NON-PAYING CUSTOM-HOUSES7 ETC. at Wichita, Kans., and put tbe same upon its passage. The SPEAKER laid before the Honse a letter from the acting Sec­ The bill was rea.d, as 1ollows: retary of the Treasury, with accompanying papers, inresponseto a res­ Be it enacted, &c., That the additional sum of $50,000 is hereby app~opriated for olution of the House calling for information in regard to custoin-houses the completion of a suitable building, with fire-proof vaults therein, for the a.o­ commodation of the post-office, UnHed States courts, and other Government or ports of entry at which the expense to the Government exceeds the otlices, at the city of Wichita, State of Kansas, to be expended by the Secretary revenue collected; and submitting draught of a bill to fix salaries of of the Treasury, subject tO the requirements of an act fru: that purpose approved collectors and officers of customs and to consolidate customs districts; 1\Iarch 3, 188:>. The limit of cost prescribed in said act is hereby extended as aforesaid, and no plan shall be approved which will involve an expenditure for which was referred to the Committee on Ways and Means, and ordered site and building complete, including approaches, greater than the limit herein to be printed. fixed. CONTINGENT EXPE...~SES 1 TREAS"CRY DEPARTMEl>T. · The SPEAKER. Is there objection to the present consideration of / The SPEAKER also laid ·before the House a letter from the acting the bill? · Secretary of the Treasury, asking authority to apply a ceitain unex­ There was no objection. :pended balance of appropriation ''for fuel, &c.," to supply deficiency The bill was ordered to a thirdread4tg; anditwas accordingly read the third time, and passed. m appropriations'' ior contingent expenses, TreasuryDepartment7 gas7 &c.," for the current fiscal ; -which was referred to the Committee Mr. PETERS moved to reconsider the vote by which the bill was on Appropriations, and ordered to be printed. passed; and also moved that the motion to reconsider be laid on the table. SoRGIIUM AND BEET SUGAR. The latter motion was agreed to. The SPEAKER also laid before the Honse a letter from the Commis­ sioner of Agriculture, transmitting certain ·papers in response to a res­ OTOE .AND MISSOURIA. INDIANS. olution of the House calling for information concerning the process and Mr. WEA. VE.R, ofNebraska. Mr. Speaker, I ask unanimous consent methods of making sorghum and beet sugar; which was referred to the to discharge the Committee of the Whole House from "!{he further con­ Co~ittee on Agriculture, and ordered to be printed. sideration of the bill-(H. R. 7087) authorizing and. directing the Secre­ tary of the Interior to extend the time for the payment of the purchase­ REFERENCE OF SENATE BILL. money on the·sale of the reservation of the Otoe and Missouria. tribes ./ The SPEAKER, under the rnle, laid before the House a bill o{ the of Indians in the States of Nebraska and Kansas, ttnd put the same upon Senate of the following title; which was read a first and second time, iti passage. - .referred to the Committee on Commerce, and ordered to be pTinted, The SPEAKER. The bill will be read subject to objection. namely: The bill is as follows: A bill (S. 1532) to regulate commerce. Be it enacted, &c., That the Secretary of the Interior is hereby authorized and di­ rected to extend the time for the payment of the purchase-money under the sale LEAVE OF ABSENCE. made under an act entitled "An act to provide for the sale of the remainder of By unanimous consent leave of absence was granted as follows: the reservation of the confederate Otoe and Missouria tribes of Indians, in the States of Nebraska and Kansas, and for other purposes:" Provided, That the in­ To Mr. GROSVIDiOR, indefinitely, on account of ill health and press­ terest shall be paid a.t the rate now provided by said act: And provided further, ing businesS. That such extension shall be for five only from the time said payments To Mr. HILL, until Wednesday next. • ha~e or shall become due. ST. LUKE'S EPISCOP A.L CHURCH, KALlliAZOO. The SPEAKER. Is there_objection to the present consideration of Mr. BURROWS. Mr. Speaker, I ask unanimous consent to discharge the bill? the Committee of the Whole House from the further.consideration of There was no objection. the bill (H. R. 8188) to admit free of duty a certain lecturn for the use 11-Ir. DOR.SEY. I ask consent, Mr. Speaker, to submit an amend­ of the St. Luke's Episcopal church, in the parish of Kalamazoo, Mich., ment, which is recommended by the Committee on Indian Affairs, ex~ and put the same upon its passage. tending the time also to the Oinaha reservation. · The SPEAKER. The bill will be read subject to objection. The amendment was read, as follows: That the provisions-of this act shall be, and are hereby, extended to"the pur- The bill was rea.d, as follows: chasers oflands in the Omaha Indian reservation in the State or Nebraska. Be it enacted, &c., That the Secretary of the Treasur~ be, and be is hereby, au­ thorized and directed to admit free of duty, at the custom-house in Boston,l\Iass., Mr. MORRISON. I shall object to the amendment. a cross lecturn. for the use of the St. Luke's Episcopal church, of the parish of Mr. DORSEY. Then I withdraw it. Kalamazoo, Mich., imported by Rev. R. E. Jones, the rector of said church, and consigned to - .-. The bill was ordered to be engrossed for a third reading; and being engrossed, it was accordingly read the third time, and passed. The Committee on Ways and Means recommend the adoption of the Mr. WEA.VER, of Nebraska, moved to reconsider the vote by which following amendmentS: the bill was p..'1Ssed; and also moved that the motion to reconsider be Strike out the word "cross," in the fifth line, and insert "brass;" and fill the blank in the eighth line by inserting "Messrs. Jones, McDuffie, and Stratton." laid on tbe table. The latter motion wn.s agreed to. The amendments were agreed to. The bill as amended was ordered to be engrossed and read a third time; GRAFTO:Y MONROE.

and being engrossed, it"was accordingly read the third time7 and passed. llfl·. COMPTON. I ask unanimous consent to take from the Private Mr. BURROWS moved to reconsider the vote by which the bill was Ca1endar, and have considered at this time, the bill (H. R. 5890) for the passed; and also moved that the motion to reconsider be laid on the .relief of Grafton Monroe. • · table. · The bill was' read, as follows: The latter motion was agreecl to. Be it enacted, lie., Tlu1.t the Auditor of the Treasury for the Post-Office Depart­ ment be, and he is hereby, directed, in adjusting the accounts of Grafton Mon­ SA:MUEL H. FLEIDIL~G. roe, late postmaster at Annapolis, Md., to credit him. the said Grafton :Monroe, in Mr. JOHN..STON, of North Carolina. Mr. Speiker, Iaskunanimons his accounts as such postmaster, with $!,3L5.13, the same being for posta.o-e­ stamps and money-order funds burglariously stolen from the post-office at An­ consent to di&-"1large the Committee of the Whole from the further con­ napolis, l'l!d., on the morning of February 4, 1884, said credit being recommended sideration of the bill (H. R. 3173) for the relief of Samuel H. Flem­ by the then Postmaster-General after a full in ve.stigation of all the circumstances ming and put the same upon-its passage. att-ending said burglary. . SEC. 2. That the Auditor of the Treasury for the Post-Office Department be, The bill is as follows: and he is hereby, directed, in adjusting the accounts of Grafton Monroe, late - Be i-t enacUd, &c., That the proper nccoun ting officer of the Treasury be; and postmaster at Annapolis, 1\Id., to credit him, the said Grafton 1\lonroe, in his he is hereby, directed to pay to Samuel H. Flemming, of North Carolina, the accounts as such postmaster, with $2,430, the same being for postal funds bur-· ISUm of $206.66, for carrying the United States mails in North Carolina. in 1870. glariously st-olen from the post-office at.A.nnapolis,l\fd., on the morning of Feb­ ruary 4, 18R4: .Pf"ovided, That it shall be proven to the satisfaction of said Audi­ There being no objection, the bill was ordered to be engrossed for a tor that said postal funds were lost as aforesaid without fault. or negligence upon third reading; and being engrossed, it was accordingly read the third the part of said postmaster. time, and passed. The bill was ordered to be engrossed and read a third time; and be­ Mr. JOHNSTON, of North Carolina, moved to reconsider the vote ing engrossed, it was accordingly read the read. time, and passed. by ~hich the bill was passed; and also moved that the motion tore­ Mr. COMPTON moved to reconsider the vote by which the bill was consider be laid on the table. passed; and also moved that the motion to reconsider be laid. on the The latter motion was agreed to. table. PUBLIC BUILDING, WICHITA, KANS. The latter motion was agreed to. Mr. PETERS. Mr. Speaker, I a'Sk unanimous consent-­ ORDER OF BUSINESS. Mr. MORRISON. Regular order. Mr1 BROWN, of Pennsyivania. I ask unanimous consent to dis-

f ;· ! 4510 CONGRESSIONAL RECORD-HOUSE. MAY 14,

charge the Committee of the Whole from the further consideration of ADVERSE REPORTS. the bill H. R. 2156, and that the same be now considered. Mr. MORRILL, from the Committee on Invalid Pen.Sions, also re­ ltfr. MORRISON. I object, and demand the regular ordeL ported backwith adverse recommendations bills of the following titles; The SPEAKER. The regular order being demanded} the Chair will which were laid on the table, and the accompanying reports ordered to proceed to call the committees for reports of a private nature. · "be printed: • FREDERICK ROBERTSON. A bill (H. R. 701) granting a pension to Mrr. Mary B. Kenney; A bill (H. R. 7754) to pension Henriette Bums; Ur. SWOPE, from the Committee on Invalid Pensions, reported back A bill (H. R. 7752) granting a pension ·to John Griffith; with a favorable recommendation the bill (H. R. 1860) granting a pen­ A bill (H. R. 6128l granting a pension to Susan A. Duncan; sion to Frederick Robertson; which was referred to the Committee of A b:II {H. R. 7978 granting a pension to T. J. Locey; the Whole Honse on the Private Calendar, and, with the accompany­ A bill (H. R. 8154 granting a pension to Resin M. Gard; ing report, ordered to be printed. A bill {H. R. 2944 granting a pension to John H. Lash; ADVERSE REPORTS. A bill (H. R. 796) granting a pension to Levi H. Naron; 1\Il'. SWOPE, from the Committee on Invalid Pensions, also reported A bill (H. R. 7251) to pension C. W. Ekengren; back with adverserecommerulations billsofthefollowingtitles; which A bill (H. R. 6777) granting a. pension to John Zimmerman; were laid on the table, and the accompanying reports ordered io be A bill (H. R. 6131) granting a pension to John H. Gause; printed: A bill (H. R. 6799) granting a pension to Daniel Lester; and A bill (H. R. 5751) gmn~ing a pension to Jacob Holder; A bill (H. R. 5611) ·granting a pension toW. J. Wood. (H. A bill R. 8065) for the relief of Daniel Killigan; CHANGE OF REFERENCE. A bill (H. R. G252) granting a pension to Susan V. Young; A bill (H. R. 6585) granting a pension to Lottie E. Dietrich; and On motion of 1\fr. 1\IA.TSON, the Committee on Invalid Pensions was A bill (H. R. ~643) granting a. pension to Elizabeth Johnson. . discharged from the further consideration of the bill (H. R. 4480) author­ M:r. SWOPE, from the Committee on Invalid Pensionst also reported izing and directing the Secretary of the Interior to place the name of back with an adverse recommendation the bill (S. 1267) granting an Freeland Haston on the pension-roll; and the same was referred to the increase of pension to Mrs. Lou Gobright McFalls; which was referred Committee on Pensions. to the Committee of the Whole House on the Private Calendar, and JAMES R. BAYLOR. the accompanying report ordered to be printed. ]')fr. PIDCOCK, from the Committee on Invalid Pensions, reported JOHN P. M"DONALD. back with a favorable recommendation the bill (H. R. 6825) granting lfr. MORRILL, from the Committee on Invalid Pensions, report-ed a pension to James R. B~ylor; which was referred to the Committee of back with a favorable recommendation the bill (H. R. 8151) granting the Whole House on the Prirnte Calendar, and, with the acCo-mpanying a pension to John P. McDonald; which was referred to the Comndt­ report, ordered to be printed. tee of the Whole House on the Private Calendar) and, with the accom­ THOl\-IAS BROWN. panying report, ordered to be .printed. Mr. PIDCOCK, from the Committee on Invalid Pensions, also reported W. D. HAVELY. back with a favorable recommendation the bill (H. R. 6817) granting a 1\lr. MORlULJ.1, from the Committee. on Invalid Pensions, also re­ pension to Thomas Brown; which was referred to the Committee oftbe ported back with a Jayorable recommendation the bill (H. R. 7616) for Whole House on the Private Calendar, and the accompanying report the relief of \V. D. Havely; which was referred to the Committee of ordered to be printed. the Whole Hou e ou the Private Calendar, and, with the accompany­ WILLIAl\1 CONNER. ing report, ordered to be printed. ltfr. PIDCOCK, from the Committee on Invalid Pensions, also re­ J. W. GOODING. ported back with a favorable recommendation the bill (H. R. 6819) . granting a. pensi~n to William Conne~; which was referred to the Com­ Mr. MORRILL, from the Committee on Irivalid Pensions, also re­ mittee of t.he Whole House on the Private Calendar, and the accom- porten back with a favorable recommendation the bill (H. R. 8205) panying report ordered to be printed. · granting a pension to J. W. Gooding; which was referred to the Com­ mittee of the Whole Honse on the Private Calendar, and, with the ac­ S.ALLY A. S.TOXE. companying report, ordered to be p~inted . . 111r. SAWYER, from the Committee on Invalid Pensions, reported GEORGE W. PARKS. back with a favorable recommendation the bill (H. R. 5041) granting a pension to Sally A. Stone; which was referred to the Committee of Mr. MORRILL, from the Committee on Invalid Pensions, also re­ the ·whole House on the Private Calendar, and the accompanying re- ported back with a favorable recommendation the bill (H. n. 7736) to , port ordered to be printed. increase the pension of George W. Parks; which was referred to the Comlllittee of the Whole House on the Private Calendar, and, with the • GEORGE W. CUTLER. accom1>anying repoTt, ordered to be printed. 1\fr. SAWYER, from th'e Committee on Invalid Pensions, also re­ WILLIAM BETHUREN. ported back with a favorable recommen~tion the bill (H. R. 3551) granting a pension to George W. Cutler, late a private of Company B, ·:Mr. MORRILL, from the Committee on Invalid Pensions, also re­ Ninth New Hampshire Volunteers; which was referred to the Com­ ported backwithafavorablerecommendation the bill (S.l124) granting mittee of the Whole House on the Private Calendar, and the accom­ a pemion to William Bethureu; which was referred to the Committee panying I'eport ordered to be printed: of the Whole House on the Private Calendar,. and, with the accompany­ ing report, ordered to be printed. WILLIAM ' H. GRAY. REUBEN F A.:RNUM. :Mr. HOWARD, from the Committee on Claims, reported back with Mr. 1\fORRILL, from the Committee on Invalid Pensions, also re­ a favorable recommendation the bill (S. 165) fo:r the relief of William H. ported back with a favorable recommendation the bill (S. 787) granting Gray, of Kentucky; which was referred to the Committee of the Whole a pension to Reuben Farnum; which was referred to the Committee of House on the Private Calendar, andr with the accompanying report, or­ dered to be printed. the Whole House on the Private Calendar, and, with the accompanying Ur. HOWARD, from the same committee, also :reported back the bill report, ord~ed to be printed. . . (H. R. 879) for the relief of W. H. Gra.y; which was laid on the table. WILLIAM REYNOLDS. - Mr. MORRILL, from the Committee on Invalid Pensions, also r~­ 1\IORGAN RAWLS. ported back with a favorable recommendation the bill (S. 1304) granting Mr. L.A.l..Tfl.AM, from the Committee on Claims, reported back with a a pension to William Reynolds; which was referred to the Committee favorable recommendation the bill (H. R. 4451) for the relief of Morgan of the Whole House on thePrivateCaJendar, and, with the accompany­ Rawls; which was referred to the Pri~ate Calendar, and, with tbe ac­ ing :report, ordered to be printed. compa.nying report, ordered to be pnnted. . JOHN S. KIRKPATRICK. JOliN F. TRENTLEN. . Mr. MORRILL, fr~m the Committee on Invalid Pensionst also re­ :Mr. LANHAM, from the Committee on ClaiJUS, also reported with a ported back with a fu.vorable recommendation the bill (S. 1797) granting :fuvorable recommendation a. bill (H. R. 8759) for the relief of John F. a pension to John S. Kirkpatrick; which was referred to the Committee Trentlen; which was referred to the Committee of the Whole Honse on · of the Whole House on the Private Calendar, and, with the accompany­ the Private Calendar, and, with the accompanying report, or dered to ing report, ordered to be printed. be printed. JOHN NICHOLAS. J. R. M ' GOLDRICK. Mr. MORRILL, from the Committee on Invalid Pensions, also reported 1\fr. WARNER, of Missouri, from the Committee on Claims, reported back with a favorable recommendation the bill (S. 1618) granting a pen­ back with a. favorable recommendation the bill (H. R. 960) for there­ sion to John Nicholas; which was referred to the Committee of the lief of J. R. McGoldrick; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying re­ Whole House on the Private Calendar, and, with the accompanying port, ordered to be printed. report, ordered to be printed. · I

1886. CONGRESSIONAL RECORD-HOUSE 4.511

LOT.r S. BAYLESS. The SPEAKER. But the result ·is just the same. If the House re­ Ur. W .A.Rli.'ER, of M.i.ssonri, from the Committee on Claims, also re­ fuses to go into Committee of the Whole for the purpose of conside.ring ported back with a favorable recommendation the bill (H. R. 4973) for bills on the Privat-e Calendn.r~ under the rnle the public business will the relief of Lott S. Bayless; which was referred to the Committee of proceed as on other days. the Whole Honse on the Private Calendar, and, with the accompany­ 1\Ir. ·HATCH. I desire to state that my purpose in making this mo ing report, ordered to be printed. tiou is to call up the bill whieh was under consideration when the Honse adjourned yesterday. L. J. WORDEN. The SPEAKER. The gentleman from lllinois, this being Friday, M.r. W .ARNER, of Missouri, from the Committee on Claims, also re­ moves that the House resolve itself into Committee of the Whole: fru­ ported, as a substitute for H. R. 720, a bill (H. R. 8760) for the relief the consideration of business on the Private Calendar. of L. J. Worden; which was referred to the Committoo of the Whole The motion was agreed to; there being-ayes 91, noes 31. House on the Private Calendar, and, with the accompanying report, The House accordingly resolved itself into Committee- of the Whole ordered to be printed. (Mr. HATCH in the chair) and proceeded to the consideratUm of busi­ The original bill (H. R. 720) was laid on the table. ness on the Private Calendar. FRANK SHUIT. FRANCIS W . HALDEMAN. llr. SPRINGER, f.rom the Committee on Claims, repor:ted back with The CHAJRMAN. The Clerk will report the title of th-e bill which a favorable recommendation the bill (H. R. 8297) for the relief of Frank was under consi-deration last Friday when tbe Committee of the Whole Shutt; which was referred to the Committee of the Whole House on House on the Private Calendar rose. the Private Calendar, and, with the accompanying report, ordered to The Clerk read as follows: be printed. A bill (H. R. 658) for the relief of Francis W. Haldeman. THO::\IAS S111ITH. lli. SPRL.'iGER. As this bill was under consideration when the 1\Ir. SPRINGE~, from the Committee on Claims, also reported back Committee of the Whole rose last FI:iday, and as there- were not many with a favorable recommendation the bill (H. R. 5343) for the relief of members present at that time, I ask th-at the bill be again reaci. Thomas Smith; which was referred to the Committee of the Whole The CHAIRMAN. With the amendment? House on the Private Calendar, and, with the accompanying report, Mr. SPRINGER. Yes, si.r. . ordered to be printed. The CHAIRMAN. In the absence of objection the bill will be read ll. C. WILKEY. for the information of the Honse. ltir. SPRINGER, from the Committee tm Claims, also reported back The Clerk read as follows: • ,, with a favorable recommendation the bill (H. R. 6046) for the relief of Be it enacted, &:c., That the Secretary of the Treasury be, and he is hereby, di­ rected to pity to Francis W. Haldeman, of Avoca, State of Iowa, out of any H. C. Wilkey; which was referred to the Committee of the Whole money in the Treasury not otherwise appropriated, the sum of$250, as compen­ Honse on the Private Calendar, and, with the accompanying report, sation for services performed and money expended for the benefito(tlte United ordered to be printed. States during the late civil war. CHANGE OF REFERENCE. The amendment reported by the Committee on War Claims wns read, On motion of M1-. SPRINGER, the Committee on Claims was dis­ as follows: ( Strike out the words "and fifl.y ," in line 6, so as to make the bill r eflod, ... the charged from the further consideration of the bill (H. R. 7661) for the sum of fi200." &c. i relief of Jonathan D. Stevenson; and the same wna rMerred to the Com- Mr. SPRINGEr.. Was that amendment agreed to in Committee of mittee on Military Affairs. • the Whole? On motion of bir. SPRINGER, the Committee on Claims -was dis­ charged from the furlher consideration of the bill (H. R. 1639) for the TheCHA.ffil\1AN. Uponcxaminationo:ftherecord the Chair-learns relief of William Rutherford; and the same was referred to the Com­ that the amendment was agreed to. The pending question is on the • mittee on \Var Claims. motion that the bill as amended be laid aside to be reported to the House with a recommendation that it do pass. 1\IARTIN MURPHY AND P. :B. lUURPHY. The motion was agreed to. Mr. McKENNA, from the Committee on Claims, reported back with PR.IVATE LAND CLADIS-. an amendment the bill (S. 22) for the relief of Martin 1\Iurphy and -P.­ The next business on the Private Calendar was. the bill {H. R. 4.840) B. Murphy; which was referr~d to the Committee of the WholeHouse on the Private Calendar, and, with the accompanying report, ordered to confirm a .cerroin private land claim in theTerritoryofNewb1exico. to be printed. Mr. SPRINGER.. I ask unanimous consent that this hill and the three bills immediately following it on the CalendarreJating to private t SEL:\IA AND MERIDIAN RAILll.QA_q COMPANY. land c-laims be passed over without pr~j ndice. Mr. SHAW, from the Committee on Claims, reported back with a TheCHA.ISMAN. Ifthe:re be no objection that o.rderwill be made. favorable recommendation the bill (H. R. 4423) for the reliefofthe Sel­ The· Chair hea.rs none. ma imd Meridian Railroad Company; which was referred to the Com­ ERNEST H. WARDWELL. mittee of the Whole Honse on the Private Calendar, and, with the ac­ The next bnsiriess on the Private Calendar was the bill (II. R. 1062) companying report, ordered to be printed.· for the relief of Ernest H. Wardwell. NICHOLAS WillTE. The bill was read, as follows: Be il enaded,c!:c., That the Secretary of the Treasury be, and h e hm·eby is, di­ Mr. JOHNSTON, of Indiana, from the Committee on War Claims, rected to pay to Ernest H. ·wardweU,ofGarrett County, Maryland. L'lteacaptain reported backwith an amendment the bill (H. R. 5133) for the relief of a-nd assistanL quartermaster of United States volunteers, out of any m oney in NicholasWhite;whichwasreferredtotheCommitteeoftheWholeHouse the T reasury not otherwise appropriated, the pay and allowances of a captain and assistant quartermaster in the United States A.rmy from the 11th day of on the Private Galendar, and, with the accompanying report, ordered 1\Iarch to the 18th day of May, 1865; and also the three months' n.ddit:Jonal pay to be printed. - proper as first lieutenant and :regimental quartennast-erof the Second R egiment JAMES E. OjSHEA. North Cn.rolin~ Union Volunteers (white), the sa.me as allowed to all volunteer otllcexs under t-he act of Congress approved 1\larch 3, 1865. Mr. NEECE, from the Committee on Invalid Pensions, report-ed back with :i favorable recommendation the bill (S. 327) granting a pension to Mr. SPRINGER. I ask that the report in this case be read. James E. O'Shea; which was referred to the Committee of the Whole The report (by M.r. LYMAN) was read, as follows: The Committee on War Claims, to whom was referred the bill (H. R.l062) for House on the Private Calendar, and, with the accoi:llpanying report, the relief ofEr.nest H. Wardwell. report as follows: . ordered to be printed. Tho.t U1is claim was presented to the Forty-eighth Congress, and a. favorable A. P. JACKSON AND OTHERS. report thereon was made by Mr. Lyman (), March 18, 1884, and this bill pas ed the House February 6, 1885. It was reported favorably by 1\:tr. Mr. VAN EATON, from the Committee on the Public Lands~ re­ HAMPToN (South Carolina), without amendment, from the Committee on Mili­ tary A.ffo.irs. : ported, as a substitute for H. R. 3240, a bill (H. R. 8761) for the relief Inasmuch as the exa mination by your com mittee has led them to the same of A. P. Jackson and others; which was referred to the Committee of favorable conclusion as that reached by the Committee on Military Affairs in the Whole Honse on the Private Calendar, and, with the accompanying both Houses, and by this House in the Forty-eig hth Congress, this committee now adopt the report appro,~ ed in the last Congress an-d recommend lliat the bill report, ordered to be printed. (H. R.1UG2) do pass. The original bill (H. R. 3240) was laid on the table. The report incorporated in tllis is ns foltows ~ " T he Committee on Milita-ry Affa.bs, to whom w as refenred the b ill 1!. R. 3236, ORDER OF BUSINESS. beg leave tO' submit the following report.: •· Ernest H. Wardell, in May,l861, enlisted in the Sixth l\i chusetts Volun­ Mr. HATCH. M.r. Speaker, I move to dispense with the business teers, and sen·ed for more than three months without pay. On Septem.ber 7 of on the Private Calendar. the same year he enlisted as a. prh·a.te in the Twenty-sixth l\lassach usetts Vol­ :Mr. SPRINGER. Mr. Speaker, would a motion that the House now unteers. November 8, 1862, he was commL"Sione d second lieutenant· econd Louisiana (Union) Vol unteers. April 4, 185.3, he resigned on account of si-ck­ resol>e itself into Committee of the Whole ior the purpose of consid­ ness. February 5, 18tH, he w as comm.issionedfi.rs tlieutena ntandquartermaster ering business on the :Private Calendar take precedence of the motion Second North Carolina (Union) Volunteers. FebFilary23-,1865, he wn.smustered just made? out to accept a com.mission which bad been promised him a captain and assist­ It ant quartermaster, in which grade he was confirmed b-y the Senate March 11., The SPEAKER. would. 1865. His commission, dated April 15, 1805, was fonmrded to him 1\Iay 11, ::nd Mr. SPRINGER. Then I make that motion. was accepted May 18. He was honorably mll! tered ont of e 1-vrceJnly~, 1805.

f ( 4512 CONGRESSIONAL RECORD-HOUSE. MAY 14,

11 From this record it appears that Captain Wardwell had an honorable though WILLIAM K. HA"llMOlo."'D. . not continuous service of over three years. "He claims that he should recei vc pay from March 11,1865, to May 18, 1865, and The next business on the Private Calendarwas the bill (H. R. 1740) also three months' extra pay under the act of March 3,1865. for the relief of William K. Hammond. •• There was a certain delay between March ll, 1865, when Captain Wardwell was confirmed by the Senate, and May ll, when his commission was sent to The bill was read, as follows: him. For this period of delay he thinks he ought to receive the pay of his Be it enacted, &c., That William K. Hammond be recognized as a r~cruiting rank, because he resigned his lieutenantcy to accept the commission of captain officer for the Second North Carolina Regiment, and receive the pay and allow­ which had been promised him,and was present and ready to receive his com· ances of a second lieutenant of infantry for the period from December 22, 1863, mission at the date o:( his confirmation. lt appears, however, that in addition to to Au.,.ust 12, 1864; and the sum of $1,000, or so much thereof as may be neces­ the time usually required for the making out and signature of the commission, sary, for the payment to the said William K. Hammond, his heirs or assigns, for there was a further delay caused by the assassination of President Lincoln, April his services as recruiting officer for the said regiment during the said period, be, 14. By law and regulations an officer does not begin to draw pay until he has and is hereby, appropriated out of any money remaining in the Treasury not received and accepted hiscommis5ionand has taken the oath. Unfortunate cir­ otherwise appropriated. cumstances caused a delay of some weeks t-o Captain Wardwell in the receipt of his commission, and it seems not unreasonable to allow him pay during this The amendment r~ported by the Committee on War Claims was read, period of waiting, because he resigned hislieutenantcyon the positive informa­ as follows: tion that he had been appointed a captain, and he was present and was ready to assume his new duties. · ~i~~~,ou~, in lines 6 and 7, the words "Decl;)mber 22, 1863,': and insert" March "The act of Minch 3, 1865, grants three months' extra. pay to officers then in 12 commission, and who should continue in service to the close of tho war. Cap­ :Mr. REID, of North Carolina, and Mr. EDEN called for the reading tain Wardwell was mustered out February 23,1865, and was not confirmed by of the report. . the Senate as captain till March 11, and only accepted his commission on the 18th of :May, I!IO that he was not in service on the 3d of March, 1865, and could not The report (by Mr. REID, of North_Carolina), was read, as follows: le~ly draw the three months' extra pay. · The Committee on War Claims, to whom was referred the bill (H.R.l740)for. 'But as Captain Wardwell, afterbeingin the Army nearly three years, resigned the relief of William K. Hammond. submit the following report: for the sole purpose of receiving his new commission, and was present and ready The purpose of this bill is to give Lieut. William K. Hammond, of the Second to be mustered in under it, be may not improperly be considered as construct­ North Carolina Volunteers, the pay and allowances of a first lieutenant of in­ ively in the service on the 3d of :March, 1865, and therefore ent-itled to three fantry from December 22,1863, to August 12.1864. months' extra pay. Your committee find that 'Villi am K. Hammond was recop1izedas a member "The committee, therefore, report that the bill should pass." of the Second North Carolina Volunteers as early as December 17, 1863,' and that March 12,1864, he was appointed a second lieutenant in the Second North Mr. SPRINGER. The gentleman from Iowa. [Mr. LYML'~"] whore­ Carolina Volunteers, subject to approval of Major-General Butler. ported this bill is not present; but the repo1 t seems to indicate that the That from the said 12th of :r.Iarch, 1864, to the 12th day of August, 1864, said Hammond performed the duties of a lieutenant in the said Second Nort-h Caro­ bill should pass. I move .that the bill be· laid aside to l;>e reported lina Volunteers. favorably to.the House. August 12, 1864, said Hammond was duly appointed and duly mustered into The motion was abrreed to. the service as a second lieutenant in the above-named regiment, and that his said services were valuable and often of tho most difficul,t and dangerous char- WILSO:N n. GEORGE. acter. , . ' Your committee does not find that said Hammond was acting as lieutenant The next business on the Private Calendar was the bill (H. R. 3373) prior to March 12,1864, by competent authority, or that· he was entitled to any higher grade than. that of second lieutenant. to correct the military record of Wilson B. George. Your committee therefore recommend that said bill be amended by striking The bill was read, as follows: out the words "December 22,186.'3," in lines 6 and 7, and inserting in place Be it enaded, &c., Tha.t Wilson B. George, late a private soldier in Company thereof the words "March 12,1864 ;" and that said bill, when so amended, do L, Fourth Regiment Iowa Volunteer Cavalry, be, and he hereby is, relieved pass. from the charges on which he was dishonorably discharged on the 5th day of Mr. REID, of North Carolina. I move the adoption of the amend­ December,1864, and that he be taken and considered as an honorably discharged soldier: Promded, however, That this act· shall not be taken or construed as en­ ment reported by t~e Commi~tee on War Claims, and ask that the bill titling said Wilson B. George to any further pay or allowances as a. soldier: with that amendment be laid aside to be reported favorably to the ..d.nd provided further, That said dishonorable discharge shall not in any manner Honse. affect any claim for pension said Wilson B. George may have against tha Gov­ ernment of the United States but said claim for pension shall be considered Mr. EDEN. What is the effect of the amendment? and determined the same as though said George had never been dishonorably Mr. REID, of North Carolina. It shortens by a few months the discharged. time for which pay and allowances are. to be granted. Mr. FINDLAY. The report in this case is adverse. The amendment was adopted. Mr. McMILLIN. Let us have the report read. :Mr. REID, of North Carolina. I now move that the bill as amended The report (by Mr. F_INDLA.Y) was read, as follows: be laid runde to be reported favorably to the Honse. The motion was agreed to. The Committee on Milita.ry Affairs, to whom was referred the bill to correct the military record of Wilson B. George, late a privat-e soldier in Company L, THO::UAS SA:MPSON. Fourth Regiment Iowa Volunteer Cavalry, have had the same under considera­ tion and submit the following report: 'l'he next business on the Private Calendar was the bill (H. R. 4139) The military record of this soldier, as shown by a letter from the Adjutant­ for the relief of Thomas Sampson. ' General of the Army, herewith appended and made a part of this report, dis­ 'l'be bill was read, as follows: closes the fact that private George, fo1· conduct prejudicial to good order and military discipline and offering violence to his superior officer, was found guilty Whereas by act of Congress approved June· 20, 18U, it was enacted that the and ordered to be shot, a sentence which was mitigated to imprisonment at hard Secretary of the Treasury prepare medals of honor, to be distinguished as. life­ labor during the unexpired term of his enlistment, to be followed by a dishon­ saving medals, to be bestowed upon any persons who should thereafter imperil orable discharge, with loss of all pa,y and allowances due and to become due. their own lives t-o save the lives of others from the sea; and 1Vhatever may be the ultei:ior object of the bill, the committee are of the opin­ Whereas Thomas Sampson had the~tofore, at various times, great-ly distin· ion that the correction of a military record, in itself a grave exercise of power, guished himself in rescuing human beings from death in the manner prescribed and to be used sparingly and only on considerations of the very highest mo­ by said act: Therefore, ment, find nothing in the facts of this case to justify it, and they recommend Be it enacted, &c., That the Secretary of the Treasury be, nnd he hereby is, di­ therefore that the bill do lie upon the table. rected to cause to be prepared a medal of honor, with suitable devices, to be be­ stowed upon Thomas Sampson, of the city of New York, according to the pro­ WAR. DEPARTME..'iT, ADJuTANT-GENERAL'S OFFicE, visions contained in section 7 of the act entitled "An act to provide for the Washington., December 22, 1885. establishment of life-saving stations and houses of refu~e upon the the sea and Sm: In reply to your request of the 25th ultimo, for the military record of lake coasts of the United States, and to promote the efficiency of the Life-Sav­ Wilson B. George, as of Company L,Fourth Iowa Cavalry, I have the honor to ing Service." inform you that the official records show that private George was enrolled No­ SEc. 2. That ilie said Thomas S..1.mpson be, and he hereby is, entitled to receive ''ember 17,1861, at Mount Pleasant, and mustered into serVice November 25, 1861, all the benefits of said section in said act contained, just as though he had ren• to serve t11ree years; was tried by a general court-martial December 9, 1863, for dered the services subsequent to the approval of said act-. conduct prejudicial to good order and military discipline, and offering violence SEc. 3. That this act shall take effect immediately. to his superior officer, found guilty of both charges and sentenced to be shot to death. 'l'he sentence was mitigated to confinement at hard labor during the Mr. JAMES. I ~k for the reading of the report. unexpired term of his enlistment, and then to be dishonorably discharged the The report (by Mr. IRION) was read, as follows: service with loss of all pay and allowances due or to become due. . In accordance with this sentence he was dishonorably dischar~ed, to date De­ The Committee on Commeroo, to whom was referred the bill (H. R. 4139) di­ cember 6,1864. recting the Secretary of the Treasury to bestow upon Thomas Sampson, of New I am, sir, very respectfully, your obedient servant, York city, a life-saving medal of honor, beg leave to report as follows: · R. C. DRUM, Adjutant-Gene-ral. A similar bill was before the Forty-seventh Congress, was considered by the Committee on Commerce, and a favorable report was submitted by Mr. Page, Hon. JOSEPH LYML...-, a copy of which is hereto annexed and made a part of t1lis report. House of Represelltatires. The committee consider the case a meritorious one and recommend the pas· Mr. FINDLAY. I move that this bill be laid aside to be reported sage of the bill. . to the House with a recommendation that it lie on the table. [House report No. 355, Forty-seventh Congress, first session.] The Committee on Commerce, to whom was referred the bill (H. R. 3025) di­ Mr. GEDDES. I have been requested by the gentleman from Iowa recting the SecretaryoftbeTreasury to bestow upon Thomas Sampson, of New [Mr. LYMAN] to ask that this bill be passed for to-day informally. York city, a life-saving medal of honor, beg leave to report as follows: He is necessarily absent, and desires to be heard in advocacy of the Under the act of June 20,1874, the Secretary of the Treasury was directed to have prepared medals of honor "which shall be bestowed upon any person who passage of the bill. shall hereafter endanger their own lives in saving or endeavoring to save lives The CHAIRMAN. The gentleman from Ohio (Mr. GEDDES] asks from perils of the sea.'' . unanimous consent that this bill be passed over informally. Is there . It appears that prior to the passage of tpis aot Samvson had rescued a number of persons from drowning; had received medals for his gallantry from the objection? mayor, Humane Society, and Board of Underwriters of New York city, and Mr. FINDLAY and Mr. REAGAN objected. other organizations, and is highly indorsed by leading citizens in connection The question being taken on the motion of Mr. FINDLAY that the with these services. as well as others of a di1fe1-ent character rendered by him to the Government. bill be laid aside to be reported to the Honse with a recommendation The fact that the rescues were made prior to the enactment of the above pro­ that it lie on the table, the motion was agreed to. Tision of lawdepriYes Sampson of its benefits.

• 1886. CONGRESSIONAL RECORD-HOUSE. 4513

The committee consider the case a meritorious one and recommend the pas- reguln.rly reported by the attending surgeon to the surgeon in charge of hospital sage o!the bill. · at. Nashville. · When be returned be remained in hospital until 19th of November, 1864, when Mr. J Alii ES. I move that the bill be laid aside to be reported to the he reported to the commanding officer a.t Chattanooga, Tenn. · House with the recommendation that it do pass. , Tbe regiment then being with General Sherman on his march to tbe sea, and the line of communication having been severed, it was impossible for him tore­ 'l'hc. motion mis agreed to. · join his command,a.ml he was assigned to duty with the Twentieth .Army Corps JOHN P. T. DAVIS. detachment where he was engaged equipping for service convalescent soldiers. When Gene~l Hood advanced upon Nashville, Lieutenant Smith, with tbe coll!-­ The next business on the Private Calendar was the bill {H. n. 449) mand under his charge, was engaged iu the battle of Dalton, Ga.; was ~ubse­ for the relief of John P. T. Davis. · quently ordered back to NasbviUe, aud actively participated in tbe several en- gagements which followed. · . The bill was read, as follows: After the battle mentioned, his wound broke out afresh, and it never havmg Be il. enacted, &c., That the Secretary of War be, and be is hereby, authorized entirely healed, he was again sent to the officers' hospital at Nashville, where and directed to grant to John P. T. Davis, late second lieutenant-of Company be remained until January 9, 1865, when he was discharged therefrom, and on 1!, Fifty-second Regiment of Indiana Volunteers, an honorable discbar~e from same date received orders to report to his command a.t Savannah, Ga. . the military servjce as of the date of November G, 1862. • That upon his arrival at Hilton Head, S.C., February 8,1865, be_found that his command had started northward. He was then ordered to report for duty to . The report (by Mr GEDDES) was read, us follows: the commanding officer at Blair's Landing, S.C., by whom be was ordered to The Committee on ·war Claims, to whom was referred the bill (H. R. 44.!1) for duty as commanding officer of detachment Second ·Division Twentiet-h Army U1e relief of J ohu P. Y. Davis, respectfully report as follows: Corps; .The last of March he wns relieved from duty at that point and ordered to report to his command, which be did, taking with him about two hundred The facts out of which this claim for relief aris~ will be found stated in Honse Report N o.l6, first session Forty-eighth Congress, which report is hereto annexed men belonging to his regiment. . and made a part of tllis report, and is as follows: After rejoining his command, April 5,1865, he was regularly mustered mto service as of the rank to which be bad been commissioned as stated, and shortly [IIouse Report No. 1494, Forty-seventh Congress, first. session.] thereafter be resigned on account of his disabled condition. The Committee on War Claims, to whom was referred the bill (H. R. 511i) for In consequence of his assignment to duty ns a COIJ?missioned officer h~ w~s tbe relief of John P. Y. Davis, reports as follows: compelled to and djd employ a ser,·ant, and to pay Ins own expenses wh1le m That the bill under considemtion directs the Secretary of War to grant to Job n hospital. ~ P . Y. Davis, late second lieutenant, Company H, Fifty-second Regiment of Indi­ That is not through' any fault 01· negligence of Lieutenant Snlith, but solely ana. Volunteers, an bonomble discharge from tbe military service as of the date on account of wounds r-eceived while in the line and performance of duty, whlch of November 6,1862. · compelled a separation from his command and prevented him from being mus­ · ' Tbe facts gathered from papers a{)companying the hili show that John P. Y. tered into service at the time he recei.,,ed his commission. Davis was mustered in as second lieutenant with Company H, Fifiy-second In­ This claimant under the circumst,ances mentioned should be paid the com­ diana Volunteers, Fe9ruary 1,1862, to serve three years. H,e was tried by gen­ 'pensation he would have been entitled to if he had been mustered into the serv­ eral court-martial convened ·at Fort Pillow, Tennessee, pursuant to General Ice in pursuance of the comnlission received by him. It would be a great hard­ Orders No.2, of date October 29,1862, from headquarters district of Columbus: ship and gross fnjustice t~ deny it to Wm. charge, absent without leave; found guilty, and sentenced to be dismissed from A case similar to this was presented at one time· to President Lincoln. He the service. to date from November 6,1862. The disability to re-enter the service wrote to the 'Var Department as follows: "I remember nothing of this case. I desire that it shall be investigated and J'esulting therefrom was remo,:ed by letter from the Acijutant-General United that· Captain Howry be paid for the services actually rendered, if any. The States Army to the go'\"ernor of Indiana, dated January 15,1866. Government can not afford to accept services and refuse payment for them. It appears from the proof.subl}lit.ted that on or about the 1!1t.h day of Septem­ · · _ "A. LINCOLN." ber, 1862, tbe said Lieutenallt Da.~is was prostrated by a severe attack of fever, and became very feeble in body and mind in consequence of said sickness, and The papers were returned to him with the statement that Captain Bowrybad while in. this weak and debilltated state of mind a.nd body that 1\Iajor Strick­ not been mustered into the service prior to February 6,1862, theperiodforwhich land~ tben.in command of the regiment';'·persua.ded and induced the said Lien­ pay was claimed being anterior thereto. Under date of August, 1862, President tenant Davis that he bad better visit his home to regain his health; that he, the Lincoln replied to this "red-tape" suggestion as follows: sa.id·l\lnjor Strickland, would see that it was all right,~ &c.; that under lbese in.:­ "I did not ask for information as to whether this man bas been mustered into ducements the said Lieutenant Davis left bis post ana went Nortband returnea the service. IiaYe we accepted· his actual services? If we have, let him be paid voluntarily to his command as soon as his health was restored, in about three for them, unless there is positil•e law against it." If weeks afterward. Shortly after his return to his regiment be was summoned "A. LINCOLN." before a. military court-martial, and on a charge of absence without leave was tried and dismissed the seHice. This was the whole ofrense for which this sol­ Congress has provided by a. g-eneml law for the relief of officers who failed to dier was tried. be mustered into the service, but this case does not come within its provisions. Your committee are of opinion that. the relief should be granted, and 1·eport It is, however, so manifestly just that your committee recommend the passagev· back the bill with tbe recommendation that it do pass. of the accompanying bilL · Your committee therefore adopt said House report as the report of this com­ :Mr. KLEINER. I moYe that the bill be laid aside to be reported to mittee, and report the accompanying bill (H. R. 449} for his relief with recom­ mendation that it. pass. the House with the-recommendation that it do pass. The motion was agreed to. · The bill was laid aside to be reported to the House with the recom­ mendation that it do pass. SAl\IUEL .JU .• GAL.~ES. ·R. SIDNEY R. SMITII. The next pusiness on the Private Calendar was the bill (H. 821) ·' for the relief of Samuel ::U. Gaines. The next business on the Private Calendar was the bill (H. R. 1511) The bill was read, as follows: for the relief of Sidney R. Smith. .Be it enacted, cfc., That the letters i>atent numbered 85299, dated December 29, The bill was read, as follows: 1868, which were granted by the Patent Office of the United States to Samuell\i. Gainesiof Glasgow, Ky.; for the period of seventeen years from the date of the Be it en;tcled, &c., That the Secretary of the Treasury be, and he is hereby. au­ origina grant, "method of teaching the rudiment-s of chemistry," be, and are thorized and directed to pay to Sidney R. Smith, late a sergeant in the Thirty­ hereby, referred to the Commissioner of Patents, to hear and determine the facts third Regiment of New Jersey Infantry Volunteers, the pa.y and allowances of as to whether they shall be continued in force for the period of seven years a second lieutenant of infantry from the lOth day of March, 1864, the date at from the 29tbday of December,l885. which be was assigned to dut-y under his commission as such, to the date ofbis actual discharge from service, deducting therefrom the pay received by bim as sergeant during said period. . Mr. MARTIN. t move the amendment. be agreed to, and the bill SEC. 2. That the Secretary of 'Var bt>, and be is hereby, authorized and di­ as amended be laid aside to be reported to the House with the recom­ rected to amend the record of the said Sidney R. Smith and to muster him as a mendation that it do pass. econd lieutenant of infantry, to date J.\oiarch 10, 1864, the date at which be en­ Mr. SPRINGER. I hope we shall have some explanation of this tered upon duty under the commission issued to him by the governor of the State of New Jersey as of that rank. · bill from the gentleman from Alabama [Mr. :U.ARTIN]. 1\ir. 1\IARTIN. 1\'lr. Chairman, the1·e is much about this invention :Mr. KLEINER. U n1es8 objection iS made, or sonic one calls for the to claim the attention and to commend it to the favor of this House. reading of the report, I move that the bill be laid aside to be reported The invention is one of those works of inventive genius which always to the Honse with the recommendation that it do pass. excite feelings of pleasant surprise; it is one of the fruits of that high :Mr. COWLES. Let the report of the committee be read. and daring order of mind which is. always seeking to pluck from the The I'eport (by Mr. KLEINER) was read, as follows: realm of the unknowable something deemed nnattainable. Upon ex­ The Committee on War Claims, to whom was referred the bill (H. R.l511) for aminatioq of it we find that the inventor has sought to represent fif­ the relief of Sidney R. Smith, having considered the same and accompanying papers, snbmi t the following report: · · - teen out of the sixty-four or sixty-five different kinds of elements or Sidney R . Snlith enlisted in the military service of the Government in the simple bodies which have been tbus farrevealed by means of-analysis. Thirty-third Regiment New Jersey Volunteers on the 31st day of July, 1863, for in three years or d-uring the war. These selected elements are those concerned or employed the forma­ On the 29th of December, 1863, he was by the governor of New Jersey com­ tion of by far the greater portion of the familiar objects about us, missioned as a second lieutenant in said regiment. He received Mid commis­ whether they be mineral, vegetable, or :.mimal; and these elements are sion on the lOth of 1\Iarch, 1864, and was immediately ordered by the command­ represented by cubes of different sizes and different colors. By such ing officer of the regiment to equip himself, which be did promptly, and be was thereupon assigned to duty with Company G of said regiment, there being a. Jll£ans the relative weight of the atoms, the structure of the molecules, vacancy of both first and second lieutenant in the company at the time; that and other features necessary to a thorough comprehension of the sub­ from the time be was assigned to duty as aforesaid until his separation from bis command said command was continuously in active service attending the ad­ ject are made visible to the naked eye. ·when we remember that atoms vance of the Army in Northern Georgia, and no opportunity occurred for his and molecules, of which bodies are made up, are so small as to be be­ muster into service; that be continued on duty with the company until the 8th yond the unaided power of the human eye, and that such elements as of May,l864, when, in an engagement known as R~cky Faced Ridge, Georgia., , oxygen, and nitrogen are invisible in any quantity, great or the commanding officer of the company, Captain Battell, was killed, when Lieu­ teoat Smith assumed command until he was himself severely wounded, losing small, we will readily perceive how remarkable was the inventive tal­ his left forearm, when he. was ordered back to officers' hospital at Nashville, ent of him who believed them the subject of materialization. Tenn., where he remained under treatment until be received leave of absence for twenty days. 'The spiritualist believes that the souls of the departed may be re­ After be returned home gangrene set in in his wound, and he was unable to called from the ''vasty deep'' of eternity and made to take a material, return to hospital until September, 1864, his condition in the mean time being tangible form; and it may be that M~. Gaines caught the idea from XVII--283 4514 CONGRESSION_AL RECORD-HOUSE. 1\I.A.Y · 14'

the dream of those enthusiasts. Certain it is that he has· not alone I wish' also to bearwitness to the fact that to myknowledge Profes­ materialized the gases, which we do not see, which we can not feel, and sor GainP...s is one of the most excellent gentlemen I ever knew in my the very existence of which we know only by the absolute need we life. He has gi.ven me the information that he has prepared a book have for them. But he has done even more; he has shown the relative adapted to his invention, which will be of great benefit to the worl-d at weight of-the atoms; has shown the structure of ~he molecules, and large when published. No one will be deprived of·any privilege or has represented the leading characteristic of each by the color given to right now possessed by the extension of this patent. He simply asks the cube representing it. Now, to illustrate what I have said, it is that it may be extended, and that I hope will be done without '-'PPO· necessary to describe the invention known as ''Gaines's chemical alpha­ sition. · · · · bet," and which is used in the inventor's new system of "object teach­ :Mr. SPRINGER. :Mr. Chairman, I hav-o usually opposed tha ex­ ing.'' This ''chemical alphabet'' consists of cubes of wood of different tension of patents. I do not understand from the very able and lemned sizes and of different colors, each representing an atom of one of the argument of the gentleman from Alabama [Mr. :MARTIN] why it was elements or simple bodies of naturo. that this gentleman, the proposed beneficiary of this act, has not availed As an atom of hydrogen is the lightest particle of matter known to himself of the pri:vileges and the benefits of his invent~on during the science, the smallest cube of the number represents it. H, the symbol lifetime of the invention. It may be, of course, this subject is one of for hydrogen, is placed upon one side of the cube, while the figure 1, such great abstruseness that the ordinary mind failed to comprehend it representing its atomic weight, is put on each of the other sides. The during the lifetime of the patent, or preferred. to grope in ignorance; pale-blue color of this cube is intended to indicate that hydrogen burns or possibly au additional length of time should be allowed to the in­ with a pale-blue flame. Taking another cube, the symbol 0, for oxygen, ventor in this case to enable the times, which he seems to be consider­ is put upon one side of it, and the figure 16, representing its atomic ably ahead of, to catch up with him. [Laughter.] It must be appar­ ·weight, is found upon the other faces of the cube. The Roman numeral ent to all that he has gone ahead of the times. Previous scientists II put upon the same face with the symbol indicates its quantiva­ have heretofore devoted themselves to measuring the distances of the lence-one of the distinctive features of the system-and means that fixed , to inventing peculiar and delicate apparatus by which they one atom of oxygen has the value of two atoms of hydrogen. The color could weigh the or the north in the balance and compute the of this cube is red, the most striking characteristic of oxygen, namely, distances between the planets. . · it power to make things burn. We next take nitrogen, repre ented But this scientist bas taken the opposite direction, and has gone down by the cube marked N, its symbol, and the colo1· giv-en it is sky-blue. into the. >ery depths of molecules and atoms to furnish the apparatus because nitrogen constitutes about four-fifths of the bulk of .our at­ by which you can weigh infinitesimal particles of matter nnd photo­ mosphere, which when seen in mass has that color. grap~ a molecule of . [Laughter.] Let us next proceed to the use of the apparatus. The t-eacher having This seems to be a most extraordinary invention·; it is a process by written upon the blackboard the symbol representing a molecule of which you may establish kindergartens through the medium of which water, namely H 2 0, _the class is called upon to state the weight of the the little children orthe country can learn what constitutes a molecule three it.ems. Add sixteen for the oxygen cube and two for the hydrogen by sight, aud can see with photographic ~tinctness the colors of the cubes, and you have two-eighteenths, or one-ninth; showing that eight particles of oxygen and hydrogen. [Laughter.] I confess it astounds p:nts of it are oxygen and one part of hydrogen; eight parts of the great me. If this gentleman has succeeded in accomplishing this wonder­ ocean is oxygen gas and one portion of it is bydrogren. This,iu brief ful and extraordinary result, which has conferred and is to confer so is tbe invention, and its application in practice-a kindergarten sys­ much benefit upon humanity and so little pecuniary result to the in­ tem for teaching the elements of chemistry in so easy and simple a manner ventor, there is nothing to equal it ex.cept the profound mysteries of that even a child may comprehend-indeed, Iriay see it; it is an object Providence, of which Job, in the throes of one of his tribulations, spoke put before .his eyes! [Applause.] when he said: Having explained the nature of th~ invention in a very general man­ Which remo..-eth the mountains, and they know not; which o..-crturneth them ner, as well as its application in practice, I will ask the Clerk to read in His anger; . 'Vhich shaketh the out of he-r place, and the pillars the1·eof tremble; the report of the Committee on Patents (which I make a part of my · ·which commandeth the sun, and it riseth not; and sealeth up the stars; romarks), for the purpose of showing the reasons which influenced the Which alone spreadeth out the heavens, and treadeth upon the waves of the Committee on Patents to make a report favorable to the passage of the sea; 'Vhich maketh Arcturus, Orion, and Pleiades, and the chambers of the south; bill after amendment as therein proposed. Whichdoeth great things past finding out; yea, and wonders without number. I ask for the reading of the report. The report (by Mr. MARTIN) was read, as follows: M:r. WARD, of Indiana (from his seat). Give us the authority you The Commiltee on Patents, to wliom was referred the bill (H. R. S21) for the are reading from. [Laughter.] relief of Samuel :M:. Gaines, have had the same under consideration, and now :Mr. SPRINGER. My distinguished friend from Indiana asks what report the same to the House, with nn amendment, and recommend its pas- authority I read from. Mr. Chairman, I regret very much to feel com­ sage. ~ 'l'his bill provides for an extension of t-he letters patent which were gran led to pelled-- Samuel M. Gaines, numbered 85299, and dated December 29,1868, for" method of The CHAIRMAN. Will the gentleman suspend for a moment? \ teaching the rudiments of chemistry,"'' for the period ·of seven years from the [Laughter.] 29th day of December,1885. The committee have determined to recommend the passage of this bill, becau e, in their judgment, it has merit; because the pat­ Mr. SPRINGER. Cer~inly. entee has received no just remuneration for his invention; and, lastly, because further time and labor, with the expense incident thereto, will be required to l\IESSAGE FROM THE SENATE. make the said method of general utility to the public. Besides, it is not an The committee informally rose; and Mr. Scorr having ta.ken the chair article of manufacture to be put on tl1e market, and upon which the user might be taxed in the form of royalty, but its object is to remedy and correct the sys­ as Speaker pro tempore, a message from the Senate, by Mr. :UcCooK, its tem introduced by Bcrzelius, of illustrating chemical compositions and reac­ Secretary, announced that the Senate had agreed to the report of the tions to the eye by means of symbols and equations, which is too abstract for committee of conference on the disagreeing votes of the two Houses on beginners, by means of a chemical alphabet, found by actual experiment to be far more efficient thau any other method heretofore used for such purpose. the amendments of the Senate to the bill of the House No. 6429 grant- Amend House bill821 by adding to said bill t.he following words at the end of ing a pension to Eunice E. Clark. · line 13: " And the Commi sioner of Patents is hereby authorized and em­ Also, that the Senate agreed to the amendments of the House to the powered to grant an extension of the patent herein described for the period herein named." bill of the Senate No. 1394 to provide for the ascertainment of the market value of certain property in the city of Chicago, and to author­ Mr. HALSELL. l\ir. Chairman, after hearing the interesting dis­ cussion of this question by mydistinguishedfriendfromAlabama [M:r. ize the Secretary of the Treasury to sell and convey said property. The message further announced the passage of bills of the following l\LiRTIN], I will not go into the merits of the pending case. He has titles; in which the concurrence of the Honse was requested, namely: presented it !':0 well I shall not pursue the scientific investigation further than he has done. But I do wish to state that I had the honor of intro­ A bill (S. 13) for the relief of William J. Smith, late surveyor of cus­ ducingthisbillforthereliefofSamuelM. Gaines. Helivesinmytownof toms for the port of Memphis, State of Tennessee; A bill (S. 1057) granting the right of way to the Jamestown and Bowling Green, in Kentucky, and I have known him for many years. He had charge of a female school there for a long time. He was a wid­ Northern Railroad Company through the Devil's Lake Indian reserm­ ower with two or three daughters, who were dependent upon him for t.ion in the Territory of Dakota; A bill (S. 1069) for the relief of George E. W. Sharetts; support. He was unable introduce his patent in the time limited to A bill (S. 1119) to provide for the appointment of hospital stewards by the law for that purpose on account of his poverty. The limitatiqn having expired, he now asks the time be extended so he may deriv-e in the United States Army, and to :fix their pay and allowance; and to some benefit from hi.'.l invention, as well as the world at large. A bill (S. 1298) to authorize the Secretary of the Navy fit out an expedition to observe the total eclip e of the un which occurs on the It is regarded not only by the gentlemen on this committee who have investigated it but by others to be an invention of the highest char­ 29th of August, 1886. · acter and the greatest value. Some of the testimonials in regard to it AMUEL M. GAINES. have already been read by my friend from Alabama. They all show The Committee of the Whole resumed its session. this to be a grand invention. l\Ir. SPRINGER. Mr. ChairD:¥1n, when I was interrupted I had been I know there is in the minds of gentlemen some prejudice against asked for the authority from which I read. [Laughter.] I regret very the extension of patents, but, as wa.s remarked by my distinguished much to feel compelled to ac:k--n()wledge· the ignunt.nce of gentlemen of friend, if there ever was a case where a patent should be extended it is the authority from which I read, the great words of wisdom, for I had the one now pending. hoped it was so familiar in the American Congress that that would not

I , -, 1886. CONGRESSIONAL RECORD-HOUSE. 4515

be necessary; though I feared that there might be some members even Mr. KELLEY. Yes, as the gentleman says, to have a crack at them. of this Congress who would not have known tliat I was reading from Let us know whether we can penetrate the unknowable and possess the ninth chapter of the book of Job, verses 5 toll. [Laughter.] ourselves of the unatta.inable. Mr. W .ARD, of Indiana. Why don't you stick to your text? 1tir. UARTIN. I will say to the gentleman from Pennsylvania. I Mr. SPRINGER. ·Mr. Chairman, my friend from Indiana-- have exactly the same feeling on that subJect as the gentleman has. Mr. HOLMAN. Be sure that you do not get the gentlemen from In­ But when I find the testimony of the first men who are at the head of diana mixed. [Laughter.] their pursuit all testifying and cheerfully testifying as to the value, im­ JI.Ir. SPRINGER. My friend · here insists that I shall stick to my portance, and utility of this invention, I am content, and I am perfectly text. I am going to stick to it. It is my intention to stick to it, and willing for my own part to vote to extend the patent for the brief term I call upon the honorable ehahman of the ComiJ?.ittee of the Whole of seven years, to enable an old school teacher who has worked this thing here for his information upon the subject whether by means of this out of his own brain to bring it to perfection, and,if ]~e can, to make mysterious invention we will be enabled to detect the subtile difference it compensate him somewhat for the time and labor be has bestowed that exists between oleomargarine and butter. [Laughter.] Ifthis upon it. . in•ention will accomplish that marvelous result it ought to be extended lll.r . .ANDERSON, of Kansas. It·seems to me that the opinions of indefinitely; and as we are conferring what we understand to be noth~ these gentlemen, "like the flowers that bloom in ~pring," do not apply ing in the way of pecuniary benefit upon the inventor: the extension 'to this case. 'l'his is a question ·as to whether you will broaden the should be accompanied, as a fit testimonial, by a photograph of the old scope of the patent system so as to include all improvements which flag and a big appropriation. [Laughter.] , hereafter may bemade in methods of teaching. If it be proper to give Mr. CUTCHEON. Will my friend from Illinois be kind enough to a patent. in this case or to extend this pat.ent for this valuable method read the rest of the document from which he quoted? [Laughter.] of teaching chemistry, then certainly it is by analogy as proper to pa­ Mr. SPRI ~GER. I would with pleasure for the benefit of my dis­ tent and extend patents for any improvement in teaching any possible

tinguished friend from Michigan, but I refer bim to the book, ~which I science, to patent any improvement that may be used in common schools1 will take pleasure in commending to him, as I am sure he. is not famil- and the simple statement of that fact is, to my mind, the very best rea­ iar with it. . son why this bill should not pass. I question whethex:: the patent origi­ Mr. SWOPE. Let me ask the gentleman from illinois if he will be nally ought to have been given. You may patent machin~ry, but when kind enough to indicate by what color oxygen and hydrogen are repre- you come to patenting improved methods of teaching it does seem to senteu? . me that the limits are being stretched altogether too far. Mr. SPRINGER. That will appear from the remarks of my dis­ :Ur. WILSON. .Are there not patents on educational apparatus anention having fallen into the hands of gentlemen who have not kept 1tl.r. DUNN. Mr. Chairman, is it in order now to .move to strike themselves up in the records of invention and scientific discovery. I out the enacting cL.'tnse of this bill? therefore hope that when we come to consider this bill it will be re- The CHAIRb1AN. It is. 1erred to the committee on natural science-s. I 'suggest this, meaning Mr. DUNN. Then I make the motion that this bill be reported t-o no disrespect to the gentleman from .Alabama [Mr. MARTIN] or the the House with the enacting clause stricken out. I desire to speak to ./ gentleman from lllinois [Mr. SPRINGER]-- that motion. · r' A MEMBER. Or Job. . lli. HOLMAN- Mr. Chairman, let me suggest that the motion in Mr. KEuL:EY. Or even to Job. But I would respect the opinions Committee of the Whole to strike out the enacting clause is of the same of the .Academy of Sciences on modern inventions beyond those of the character as the motion to lay on the table in the House, and is not de­ three gentlemen united. batable. Ur. WILSO~. I will call the attention of the gentleman frqm Penn­ Mr. DUNN. Then, MI. Chairman, I withdraw that motion, :mel sylrnnia [Mr. KELLEY] to the fact that in the beginning of his ex­ move to strike out the last word, because I wish to make a few re­ planation the gentlem..m from .Alabama [Mr. MARTIN] stat~d that this marks on this bill. inventor bad ''plucked the unattainable from the realms of the un­ I desire to call the attention of the House to the fact that all bills of knowable;" and I ask the gentleman if under these circumstances he this character are measures to maintain and perpetuate taxation of the should not ha,·e his patent? most oppressive, burdensome, and extortionate character. It is that un­ Mr. KELLEY. Thatisverywell; but this is not the only man who seen and indirect method of taxation which robs the people without their has founded kindergartens that have taught children something. knowledge. There is but one species of monopoly actually created by Mr. MARTl ~. I think we have had sport enough over this matt.el'. the laws of the United States, and that is created by the patent laws. I now propose to make a statement in addition to the explanation I Monopolies grow up under the operation of othc1·la.ws, but the patent gave at the ou tset, and which has excited the mirth of the gentleman law is the only one that directly cre.:'ltes them. I had the honor to in­ from West Virginia [Mr. WrLSo:s-]. I will make this statement, that troduce into this House during the present session a bill to change the this is nothing more than a simple invention of blocks, colored, num­ patent laws. :That bill proposes to take away from the patentee and bered, and lettered, by which the various substances, gases, &c., of his assignees the exclusive right to manufacture, •end, nnd use the pat­ whieh chemistry takes cognizance are represented and brought to the tented or discovered article, and provides that a just and liberal royalty, eye. It is so simple and plain that by taking these blocks in a moment or upon the gross sales of the patented article, shall be secured and paid or two the most intricate and delicate combinations of chemistry and to the patentee or his assignee, and that all people who secure to him everything relating to that science can be brought to the mind and the payment of that royalty shall ha\e the righ~ to manufhentor himself pamphlet of certificates which have been giv-en to the inventor show­ better protection than he has to-day and more cerbtin remuneration for ing the invention is one of great value and utility. his invention or discovery. The patent laws as now administered im­ Ur. KELLEY. I will assure the gentleman from Alabama that in pose upon the people of the United States a larger aggregate measure what I said I was not joking. We have an Aca-demy of Sciences estab­ of taxation than all other tax laws put together, State and national-! lished under the auspices of Congress for the-purpose of examining just say it intrepidly, bold as it may appear. In their extortionate opera­ snch questions as this. Its beau and center is here in .Washington. tions they reach every ftuTOw, every worksho~ every household, eve1·y When I hear things described as being among the unattainable and individual in this broad land, and rob them ad libitum. Therateofta.xa­ unknowable I feelat least that I would like that academy to have-- tion imposed by the patent laws goes hy the hundred and thousand Mr. O'NEILL, of Missouri. ' .A crack at them. per cent. above the just and legitimate \alue of the a1'ticle. What b.as 4516 CONGRESSIONAL, RECORD-HOUSE.

the Goodyear Rubber Company robbed the people of this country of in of private associations of wealth or individuals to increase theh· private excess of the just value of their goods? What has the Singer Sewing­ profit and build up their private enterprises. When we look at all Machine. Company similarly robbed the people of this country of? these vast surrenders of power, this absolute transformation of the Gov­ What have the inventors and manufacturers of agricultural implements ernment from one which was intended to give its bests results to all its also robbed the people of this coniltry of? people to what it is to-day, it is enough to fix the brand of treason upon What have all these patented articles, numbered by the thousand the men who did it. and the hundred thousand, which can not be enumerated, robbed the Where is your free people's Republic of thirty years ago? What is country of?~ What has the Bell Telephone monopoly robbe4 the coun­ it to-day but a huge system of jobbery, that is taxing and robbing the try of? Let me tell my friends that the Bell Telephone monopolists people to poverty, to ignorance, to violence, and to bloodshed? Un­ are to-day but upon the threshold of the vast field of plunder that lies less these evils are _corrected there will come a day when this young before them. They have not yet fuirly entered upon their work; they Samson of the people will rise in his might, and, bursting these bands have not yet got their hands into the pockets of the people up to their asunder, inflict just and merited punishment upon those who hav-e been wrists, and they will go in up to the shoulder before they stop. And guilty of the attempt to throttle and bind and destroy them. it is so with all other owners of patents which are or may be organized Mr. WEAVER, of Iowa.. Will the gentleman yield to me one mo­ into monopolies. These patent orga¢zations have gone further to cor­ ment? rupt the judiciary of the country than any other one legalized interest: Mr. DUNN. Certainly. They constitute a system of monopoly which should be stamped out. Mr. WEAVER, of Iowa. In reply to the remark of the gentleman I want to tell gentlemen here, and to repeat with emphasis the lan­ that I shot over the head of the real enemy when I shot at the national guage of the distinguished gentleman from New York [Mr. HEWITT] banks, I want to say that I think I shot at the head. In my judgment in this House a few days ago, that ·we have reached and far exceed the the national-bank monopoly is associated with all the other monopolies just limits ~f taxation. · No wiser, no more timely, declaration than of this country, and stands at the head. · that has been made in this House. ~Ir. DUNN. I said not that the gentleman did not fire at a proper When I speak of these taxes I mean not only those which-are ex­ subject for his excellent artillery, but that he fired over the head of the pressly and avowedly imposed as taxes per se, but I mean that vast field more dangerous and unseen enemy-these invisible forms of taxation of resulting taxation which is concealed and unknown to the tax-payer, which lie concealed nearer to him. . but which is made possible in a thou8and forms, reaching like the ten­ Mr. WEAVER, of Iowa. If they wer~ invisible I could not be ex- tacles of the devil-fish to every individual and e~ery interest in this pected to fire at them. . country, robbing them as mercilesslY. as that monster draws the life­ Mr. DUNN. I want to remindgentlemenagainthatthesepatentlaws blood of his victim. constitute a greater and worse burden than any of the others. I know The people complain. They are in arms. There is bloodshed. Con­ nothing and care nothing about this particular case. I am opposed to gress and the_country are inquiring the 1·eason of the disquietude and tb'e perpetuation of such monopolies and such taxing power in any _form, distress. It is that taxation which is unseen and which has been legal­ and shall oppose it in every form in which it. may make its appearance ized and niade possible by legislation in this House in many different here. I oppose the extension of any and all patents. forms. Its most odious form is that of the patent -laws. Our whole Se-veral ~!EMBERS. '' Vote 1 '' I _ system of Government h~ been perverted, dmwn away_from the orig­ Mr. KELLEY. 1\Ir. Chairman, I ask l~we to reply to the gentleman's • I. inal basis on which the fathers placed it when they Cl'eated it, and has proposition to strike out that single word. [Cries of "Vote!"] I will ~- been converted into a huge system of jobbery. make my reply as. brief as-possible. The taxing powers of the Government tn dozens of different forms The CHAIRMAN. Only a pro forma amendment is pending, and have been surrendered tQ associations of wealth, and by unseen and general debate has not been closed. • mysterious agencies the people are robbed of their earnings arid the just Mr. KELLEY. I understood there was an amendment of tho com­ fruits of their industry, and they know not why, where, nor how it is mittee pending to the bill. done. The direct taxes known and seen by the people, willingly and The CHAIRMAN. There is an amendment of the committee pend­ cheerfully paid, are the least of all these taxes. We have surrendered ing, tow hich the gentleman from Arkansas submitted a pro forma amend­ to associations of wealth the great, the prinlal powers which the Con­ mentwhen he rose to address the committee; but it was not necessary, stitution attributes to Congress. -The power to regulate commerce;at­ as general debate has not been closed. tributed to Congress, imposed upon it, has been surrendered to associa­ Mr. KELLEY. Then I have the floor for an hour if I choose to oc­ tion~ of wealth known as railroad co1·porations. They have invested cupy it. $9,000,000,000-no, I should rather say they had issued stock and bonds The CHAIRMAN. Certainly. [CI·ies of" Vote!"] to the amount of $9,000,000, 000-on which they tax the commerce and Mr. KELLEY. 1\Ir. Chairman, in all seriousn~s, I ask bef..,re we the traffic of the country for enough to pay interest and dividends on approve this bill which is commended t.o ns by such extraordinary as­ those $9,000,000,000 of stocks and bonds. Their actual invested cap; sertions that we take the opinion of the official adviser of .Congress in ita! is about three and one-half billions· of dollars. They take the such matters-theNationalAcademyof Science. I doitinallsincerity country's -note for $3 to -every $1 invested, and they collect interest upon and in all respect to the gentlemen who press the bill. · the whole amount. Cheap as transportation in this ·country seems to I am J:!Ot afraid, as is the gentleman from Arkansas [Mr. D N.N], of be, if it we1·e brought down to the basis of legitimate earnings on the its ruining the-country by the amount of money it will draw Ji·om the money actually and honestly invested it would be, I doubt not, one­ pockets of people who may want to use the patent, for, n.s I understand, half what it is to-day, and yet pay a liberal repmneration on the capital the patent existed for seventeen years and nobody ever thought of buy­ invested. ing one of the instruments, and therefore I can not believe that if we The power to coin money and fix its value, to regulate the currency, giv-e it seven years additional life the demand for it will ruin the country. has been surrendered to banking corporations. · Instead of one United I want to address the committee again to say that, while as at pres­ States bank we have to-day more than twenty-two hundred, exercising ent advised I am against the extension of this patent, the ~entle­ powers that belong to the Government and should not be intrusted to man from Arkansp.s [Mr. DuNN] has not spoken for me. I dissent associations of wealth, and coupled with the powers surrendered to ·from his premises in toto. I have read translations of much that both these associations is the power to contract and expand the currency at Most and Spies have published, but they have not convinced me that will. My friend from Iowa [Mr. WEAVER] some days ago pointed to property is robbei'y·and this country is going to the dogs becnnse the these methods of taxation and robbery. Let me tell him that he was Government imposes taxes and appoints· assessors and collectors. I do firing over the .head of the real enemy when he was firing at the na­ not accept any of their infernal doctrines. [Laughter and applause.] tional banks, amenable as they were to his able criticism. Mr. BROWN, of Pennsylvania. Good! _ Mr. WEAVER, of Iowa. Will the gentleman allow me-- Mr. KELLEY. But I do believe that a great invention is property, Mr. DUNN. It is the taxation that is extorted under the operation which should be protected by a just government. [Applo.usc.] of this surrender of the powers of Government that is impoverishing Mr. DUNN. The gentleman will allow me. No one will doubt -he the people and driving them to-desperation. The indirect and unseen is in favor of high taxes. He has left the country in .no doubt about taxation was the enemy that lay in ambush nearer to him than that at that. [Laughter and applause on the Democratic side.] which he was firing. He was sound and correct in what he said, but he Mr. KELLEY. I am in favor of taxation to so develop States that did not say half enough. there may be something to tax. [App1'lnse on tbe Republica n side.] :Mr. ·WE A. VER, of Iowa. Then, Mr. Chairman, as it was impossi­ I will discuss that proposition on the basis of Arkansas when we get ble for me to say all, if I was sound and correct in what I did say, I up a bill reported by a committee of this House of which I am n. mem­ am not obnoxious to criticism. ber. I believe in developing the resources of a country, in giving the ltir. DUNN. It is almost impossible for any one to say all that people of a country employment in other seasons than when agriculture ought to be said on this subject. The power of taxation, the power requires either planting or reaping. [Applause.] ~ to lay and collect duties on imports for the purpose of paying the debts I believe, sir, that if' the politicians of Arkansas would peTmit tho of the Government and providing for the common defense and welfare, development of the material resources of that State she would shine has been farmed out, absolutely farmed out, to assoCiations of wealth resplendent among the industrial nations of the world, and l1er people engaged in what is called the protected manufactures mid industries of would abound in wealth. What other State lla.s h er matcrinl t·e­ this country. For every single dollar-that goes into the Treasury of sonrces? the Go-vernment under that sjstem of taxation $5 go into the coffers Mr. DUNN. What prevents it? ....

I I 1886. CONGRESSIONAL RECORD-HOUSE. 4517 rJ Mr. KELLEY.· What prevents it! Why, the absurd economic the­ so happily anticipated by the father of the House, Judge KELLEY, in ories, devotion to which .led to the formation of your southern confed­ much that I would say, that I shall detain the committee but a very eraey. rApplause on the Republican side.] shorttime. · Mr. BROWN, of Pennsylvania. That is just it. My friend fro.m Arkansas has rightly said thJ:tt in some cases inven­ Mr. KELLEY. · Popular belief that our worksh9ps should be on tions have been so u~ed in this confl.try as, in a measure, to exact un­ the other side of the ocean instead of in the United States. (Renewed ju~t tribute from our people. That bas been exceptional, however. The applause on .the Republican side.] That is what is the matter with instances are few and far between. I submit, Mr. Chairman, that our yon. fathers did no wiser thing for their posterity than when they provided in What prevents yon! the Constitution for encouraging and cherishilig the growth of li teratnre Mr. DUNN. Yes. and art among our people by securing to inventors and authors for a 1\Ir. KELLEY. Why the- p1inciple of that provision of your con- term of years the. exclusive ownership of the product of their genius. federate constitution. The unequaled growth and development of the arts and the marvelous Mr. DUNN. Have you not one law-- progress made in all the fields of literature are due, and almost.w.holly Mr. KELLEY. It is my turn now, and I do not yield. due, to the protection afforded to inventors and authors under·our be­ Mr. DUNN. Have you not one law for Arkansas to-day and another neficent patent and copyright laws. for Pennsylvania? The genius of invention lies at the very foundation of our industrial The CHAIRMAN. The gentleman from Pennsylvania. has the"fioor, growth. Everything about this Hall witness to the good that and does not yield. has been done by the. inventive genius of the country. In some rare Mr. KELLEY. No; I do not yield. _ instances there may have been what seemed to be unjust exactions by Mr. DUNN. I grant you have a law which robs Arkansas. · those owning and controlling valuable inventions, and I agree with my :Mr. KELLEY. I do not yield; nor do I ask the gentleman to make friend that possibly, if such a thing was practicable, it would be well · my remarks. . to do here as is done in Germany with reference to certain inventions. What prevents them! Why, sir, it is that constitution which li~es l'tlr. DUNN. Let me ask the gentleman from Ohio a question. Do in their hearts and minds and controls them, which prohibits, so far you not believe that a liberal royalty would be better, and would more as law and popular principle cari do it, the development of the resources uniformly compensate the inv:entor himself, than the present system? of gr~'tt States. Sir, that constitution, against the establishment of Mr. BUTTERWORTH. I was just about to refer to that. Under which Abraham Lincoln and Edwin M. Stanton, the Army and the Navy tl1e German system there are certain inventions upon which the gov­ of the- United States, and the loyal people of the country were "arch­ ernment reserves the right to and does fix a royalty. It relates to that conspirators,'' prohibited the development of the resoqrces of the States class of inventions which, on accountoftheirutility, go into such gen­ over which it was intended to prevail as fundamental law. In round­ eral use that if retained in the hands of monopoly hardships might about language it declared that the boundless and vastly diverstiied result by reason of the price being placed beyond the reach of many of mineral resources and manufacturing power of the country should not the people. There is, however, this difficulty in the way of adopting be developed so long as the oppressed laborers of Europe could under such a system here: One invention is often so related to and blended the control of the concentrated capital of the world make wares and . with others, and nec8$83rily so, that it is almost if not quite impossi­ ) fabrics cheaper than they could be macle in those undeveloped States ble to tell just what device or improvement would properly be covered where capital was needed. That is the whole story. It is_devotion to by the royalty. I have given the subject much thought, and am in­ I this theory that keeps the South poor. clined to the belief that, however desirable in result, the German sys­ Where, for instance, outside of the State of Arkansas) on the Ameri­ tem would; in practical operation in the United States, be impl-actica­ i can continent can you find beds of purest chalcedony from which an ble if not impossible. . ingenious, cultivated, and_industrious people would supply the world Now, I wish for a moment to call the.attention of tlie committee to with precious works of art? the suggestion of the venerable gentleman from Pennsylvania. No l'tlr. DUNN. Yon do not send 2 per cent. of all of your manufact­ man in this country is compelled to use an invention. He may let it ures fo the world. severely alone if he prefers for any reason to do so. It does not devolve l'tlr. KELLEY. I ·will not consent, Mr. Chairman, that the gentle­ upon the farmer to use a horse-rake or a mowing-machine or a thresher. · man shall continue to interrupt me. He may still rake his grain with a hand-rake, cut his grass with a Where are there beds of better ore for or for steel, whether Bes­ scythe, his grain with a sickle, and thrash it with a flail or upon the semer, open-hearth, or basic ? Where are there more willing laborers tramping-floor. We may still go to church in a jolt-wagon instead of than in the State of Arkansas and other undeveloped portions of the availing ourselves of the more modem phaeton or traveling carriage. ) late confederated States; and, Jet me ask, where does illiteracy so pre­ We may still go for the il,octor upon a horse or afoot instead of using r vail? Yes, the comparative poverty and ignorance of the entire South the telegraph or the telephone or going upon the swift-moving train. r.re legitimate results of that same system of. infernal devotion to for­ We may still put wheat in one end of a sack and a stone in the other to eign commerce to the exclusion of the utilization of their own native balance it and swing the sack across the baek of a mule and take it · material and the

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MAY 14, 4518 CONGRESSIONAL RECORD-HOUSE. \ ( tition in manufacture, all competition in sale, all competition in any wages were advanced while the output was vastly increa.seq. Our peo­ methods of nse, and causes the thing to be sold at a price lour or five ple do not go barefooted from spring to fall now; shoes are within the times higher than it ought to be. reach of all. M1·. BUTTERWORTH. Thatiswhatmyfriendsaid. I understood I desired to make this reply to my friend from Arkansas because I him perfectly. I do not think any one misunderstood him. I want to say did not want the allegation to go out unquestioned that the patent laws to him the experience and history of the world is that without the full of this country, which secure to every inventor the product-of his ge­ and adequate protection which our law affords to the inventive genius nius, are working against the best interests of our people. That is not of the country there would beno development in the lineo( industry, true. Ur. Chairman, _there never was a time in the history of this Re­ no competition for which he sighs, since the very germ from 'vhichcom­ public, there never was a time in the history of the world when a day's petition in the va1·ious arts must grow, would sicken and die the moment labor would purchase so much that is necessary and needful for the you take away the exclusive property right of the inventor in th~ thing comfort and convenience of mankind. Never in the world ! Talk about which he invents. In the absence of law which secured to men the our stmggling people. 'Why, sir, do you reflect that within a genem­ fruit f\nd coinage of their hands and brain, science hid itself in the tion we have received into our midst nearly eight millions of people cloisters. It had nothing for and gave nothing to the people. .What from Europe, that we have taken them into the ranks of labor, and there was of learning, what there was of science and art was hid away into our social and political organism as well, in temples and cathedrals, and was retained without law by the few Those people have had to find in our mills, shops, factOries, fields, and scattered curses instead of blessings among men. It was not until and mines the opportunity to earn a livelihood. And to-day, I say to encouragement was given to the inventive genius of the world that the gentleman, it is due to the inventive genius of this country, from rapid progress became possible, and a superior and enlightened civiliza­ which has s_prung our multiplied industries, that we have been enabled tion was ushe1·ed in. The tax, if any, is in each case self-imposed, and to do this. Look at the results. Why, sir, the wage of one day's labor for dimes exacted dollars are retumed. I wish in this connection to in Boston or New York will pay the freight on a year's supply shipped call the attention of my- honored friend to a fact not generally known, from the city of Chicago to New York or Boston. In other 'fOrds, the and which he therefore naturally overlooks. It is this: There is not 10 price which an artisan or mechanic in Boston or New York gets ibr a per cent. of the inventions of this country that pay back to the invent­ day's labor will pay the co t of shipping his year's supply from the city ors, or to anybody except our whole people who use and enjoy them, of Chicago to Boston and New York, and that result is due and due 10 per cent. of the cost of their production. alone to the inventive genius of this country, fostered, cherished, and Of the four hundred patents I signed each week not 10 per cent. ever protected ·by our system of patent laws. paid the inventors a tenth of the cost of their production, and yet each My friend says that the patent laws impo e an unperceived and tm­ and every one was a valuable step in the growth and development of known, though oppressive, tax upon us. \Vhatis there in this country the art to which it related. Alone it could not be made available to that costs more than it did half a century ago? What comfort and con­ yield profit to the inventor. And so the world obtains all these im­ venience has not been enlarged, increased, and cheapened? What bur­ proYcments, these progressive steps in the growth of the art, without den has not been lightened by the fruits of the genius of invention? paying a penny. \Ve pay full value possibly for those great improve­ Name one. ments which work a revolution in the art or method, and even in these !Yir. DUNN. That is not the question. The question is, What is the advantage in the u.Se of the improvement is in excess of the in.. there in this country that does not cost more to-day because of the ex­ creased cost; else clearly they would not be purchased, for men do not cessive tax upon it. buyorhirewithouta·viewto profit. The advantage is always weighed Mr. BUTTERWORTH. There is absolutely nothing that costs more. \ in th~ balance against the increased cost o-ver the old method. . Few Everyman isable to producemorenow. ThereisnotamaninAmerica have any just conception of the number ofpersons who have bestowed that can not produce 500 per cent. more in every direction than he could \ earnest effort in investigation, _thought, and labor in the production of twenty-five or fiftyyears ago. The farmer can plantafargreaternum­ the finished machines by which such wonderful results are obtained. ber of acres with less labor and less expense-can take care of more The sewing-machine of to-:da,y is a remarkable instance. The first crude acres of land, ta.ke care of it better, and have his crops in better condi­ machin~ was invented more than two centuries ago in Paris, France. tion than he could in the older day., Nor is the labor of the husband­ And, sir, the production of the finished machine of to-day with all the man now, as formerly, a constant wear and waste of muscle. He does appli.a.nces, engaged the effort in thought and action of~a greater num­ have to pay more for each laborer, but the general cost of production is ber of men th:m Cresar led in the conquest of Gaul. less. Tbe mowing-machine in crude form antedates the Christian era. It Mr. DUNN. And he has less at the end of the year. was used in Colchis. The reaper and mower seen to-day in the harvest Mr. BUTTERWORTH. One moment. My friend can not hire a field<> of our country are the product of the efforts of a greater number man now to go into the field to mke and bind behind the cradle, but of men than were requiTed· to build the lines of railway to the Pacific the same man gets more wages for sitting up anQ. driving the horses Ocean. Sir, the genius of artisans and mechanics throughout the world that haul the mowing machine, or tlle reaper, or cultivator. You can and especially in the United States is at work daily solving the great not get working men to toil as they once did. The day of drudgery has problem of lightening the burdens of the toiler by securing better and passed away. The brain has come to the .relief of tho hand, the mind · larger results with less use and wear of human energy and muscle. to the relief of the muscle. Our miners will not dig as they 'USed to. They are busy everywhere increasing and cheapening the comforts and Why? Because modern inventions and appliances have enabled one con>eniences of life, each having under our system for a term of years man, without the effort which so rapidly wore out the workman, to do the exclusive ownership of the valuable thing hehascontributed to the the work of ten, and the interest and the humanity of the employer growth of art or literature. · compels him to adopt the labor-saving appliances. Coal is dug for less The history of the world shows conclusively that men do not put now than it was years ago. It is shipped for less; the cost of produc­ forth an effort except in the hope and expectation of reaping a proper tion generally is less, and hence the cost to the consumer is much less reward. No man or woman ever struggled to produce a sewing-machine than formerly; and, 1\Ir. Chairman, I repeat, nobody is obliged to u e merely to do his or her own sewing, n:or would McCormack have labored, modern inventions. studied, and experimented a lifetime to produce a reaper merely to cut There is nothing to hinder my friend from Arkansas in ca e he has his own harvests, nor yet to give wit~out just compensation the result the toothache from going to the old-fashioned dentist and being dragged of his eftorts to the community at large. Our knowledge of men and around the floor two or three times before his tooth is extracted. [Laugh­ the experience of mankind !'eaves no doubt of the correctness of this ter.] Or, if he prefers, he can adopt 'the modeTn method, and go to a proposition. · dentist who is abreast with the age aud have the tooth extracted almost Now, I desire to call the attention of my friend toanothermatterin without pain. If amputation of a leg is necessary, he ha.s still the right reference to the inventive genius of the country. There is a widespread to have his leg sawed off by the old method, instead of adopting the belief that when an instrument, device, or machine is produced which new, by which the operation is comparatively painless and perlcctly enables one man to do the work of five or six, wages are thereby neces­ safe. It is the inventive genius of the young RepubJic, encouraged by sarily and permanently reduced. The result is exactly the reverse. the Constitution and the laws made in pnrauance thereof, that has made Instead of reducing wages they are in fact increased. Our industries us what we are, the first among the nations of the earth in indus­ arc multiplied and labor redistributed and lightened. The inventive trial growth. . It is interesting to compare the machines and imple­ genius of our country redistributes labor, lightens the burdens of the · ment<; of to-day with those of the olden time. Con ide1· the art of war. laborer, increases the comforts of. home, multiplies the means of enjoy­ Why, sir, if t here had been mounted upon the walls of Troy our ment, and adds to the sum of human happiness. Why, sir, there are modem enginery of war ''Argive Helen ' ' could have summoned to her one hundred industries in the United States to-day employing thou­ side her maids and unaided driven the Greeks from the plains before sands of men that did not exist five years ago, each one of those in­ tbe city and have sunk the Grecian-fleet, had she been opposed only dustries filling an important part in our >ast economic system. by the implements of war the invading ho~ts are s::i.id to ha.'\"c used I bud occasion while preparing the exhibit for·the New brleans Ex­ in that famous siege. [Applause.] · po ition to investigate in order to see how far the inventive genius·of Sir, it will not do to protest against what the inventive genius of this this country iu producing labor-~aving machines and machinery tended country has done, or to denounce Has a source of unjust or needle to reduce wages. I found the result was simply to redistribute the extortion. It has cheapened e>erything. It has carried blessings to li labor. In the shoefhctories of New England, where one man by means every household in our land, and has placed them within the reach of li of Jnbor-saving machinery was enabled to do the work of twelve, the all. li

I ) t ..

1886.. CONGRESSIONAL RECORD-HOUSE. 4519

My friend from Pennsylvania. [1\fr. KELLEY] has put the case well If I should make any criticism upon the disposition of the people . with reference to the protective system. I will not enter upon that line represented by my honored friend from Arkansas it would be that they of discussion. I proposed only and very briefly to point out the result have refused to keep pace with the growing spirit of the age. They of our patent system in securing better methods ::md increased comforts have had to be dra-gged along slowly; but I trust they are coming surely. at reduced cost. · I am willing, sir, if it-be not ill-advised, to suggest the comparison, to Mr. Chairman, how is the inventive genius stirred into active e:{fort? take any State of the Union where inventive genius has been encour­ Why, sir, clearly by giving to that genius the enjoyment of the result aged, where the people have made haste to use turbine wheels and of its effort. Why, sir, in every shopthe man who was busyhammer­ engines and sewing-machines and telegraphs and telephones-in other ing into shape a horseshoe asked: ''Is it not possible to make this horse­ words, where ,they have been quick to avail themselves of the best shoe without wearing out the muscles of the men who stand at the method of achieving important results-I am willing to compare any forge.?" And in answer the spirit of our law said: If Jon produce such such State or locality in point of intelligence, industry, the comfort of a machine it shall be your exclusive property for a term of years in its people, and in point· of true contentment and that happiness which consideration of your labor in its production and the ultimate blessing springs from wise content, with any section of this country or any to mankind. The result was that in time the genius of the wor~man other where the spirit which actuates my honorable friend from Arkan­ solved the problem. A mechanic-a mechanic, not a millionaire, no~ sas is in the ascendency. The results will speak for themselves, and· an idler-constructed a machine which makes more horseshoes in a day, are more potent than an·y language I can employ. and makes them better, than fifty bla~miths could. The blacksmith The inventive genius of this country hunts out every furrow and that used to make hors~hoe-nails-the man inwhoseshops we as boys seeks to turn it broader and deeper. It seeks the woman who is using used to sit and at whom we used to look with admiration of the cun­ the needle and says to her, "Do not use your fingers; use machinery.'' ning of his hands, to whom we talked, while resting he leaned upon In other words, it seeks to lessen the toil which makes man a bnrthen his anvil-that man asked himself daily if there was not some machine bearer, and seeks to enable him to do by his genius that which our possible by which his labors could be lessened and. he be made pros­ fathers did with·their muscle alone. perous in,the production of·such a machine, and the result was that I desire to say that the intellectual coinage of my friend is as much the struggling inventive genius finally gave to the world a machine his property as that which h~ creates with his hands, and may be of which would do the work of a hundred blacksmiths in making horse­ vastly more importance to mankind. There is not a wheel that turns shoe-nails, and woul~ make them better and cheaper. And so it goes in all this universe, not a trip·hammer that falls, not a spindle that through the whole range and field of art. Thus the artisans and me­ whirls, that did not first turn and fall and whirl in the brain of the <:hanics of our country in the development of their several arts-blessed inventor. The machine is but the materialization of the inYentor's themselves, and better still, they conferred a lasting blessing on their conception. And the result of his intellectual effort is as much his fellow men. · · ' property as if it was merely and wholly the work of his hanrls-work Mr. KELLEY. Will the gentleman yield to me for a single minute? fashioned out of physical substances without the exetcise of the geni ns Mr. BUTTERWORT.a. Always. ofinvention. Ifthis truth be not recognized, then inventive genius Mr. KELLEY. My friend's description of the manufacture of horse­ will shut itself up, will cease to be active, for no man exerts himself shoe nails, and other nails, recalls very vividly to my mind what I spent except for the reward which is to follow. My friend, if he will investi­ J some days in studying in the neighborhood of Birmingham, England, gate this subject carefully, will find that his criticisms upon that sys­ ) in 1883. There I saw nails made by women and their daughters, ~n the tem unde1· which our Government protects the inventors and authors mril-works of England, where our patent law does not operate. There of the country are unwarranted and lrnjust. ( you find the mother, assisted by he.r daughter, working fourteen hours ·'l'here are so many things coming into my mind as I stand here which a day and the two getting a shilling and a half, what with us would illustrate so thoroughly the advantages we have ob~ined from foster­ be 37! cents. · · ing and cherishing the inventive genius of our people that if !should Mr. MILLS. But one man here makes as much as five men over attempt to recite them I should detain the House much longer thuri I there. desire and much longer tl:rnn. members would be willing to listen. I Mr. BUTTERWORTH. I thank the.gentleman from Pennsylvania will, however, cite one or two marked instances to which my honorable for the interruption. I wish to say one other thing. It seems as if friend from New York [Mr. HEWITI] called my attention yesterday. Providence had guided and controlled the genius of invention so as to Bessemer steel is one, the value of this invention in saving to the coun­ meet in proper order the growing wants of men, kindred inventions in try is not estimated }?y hundreds of millions only, but by thousands of the same art going forward hand in hand. This is happily illustrated millions of dollam. The other invention to which that same friend also by the fact that while Whitney down nea.r the Gulf was giving the called my attention is the machine for testing the strength of wood, world the much needed cotton~gin. a colaborer across the ocean was -iron, and steel, used in the construction of buildings, bridges, &c. I ' finishing the spinning-jenny. And in another shop a busy workman Thousands of lives have been saved as the result of its adoption, and was completing the loom. All working unknown to each other, to one the saving· in dollars to this people amounts to hundreds of millions. ~) great end-to comfortably and cheaply clothe our people. And though 1..U·. Chairman, the genius of invention is t.he inspiration of God; and older in conception, yet later in maturing came the sewing-machine. itcannotdootherwisethan bless us when wisely directed. [.Applause.] So amid the cotton fields of .America Whitney by his genius enabled the ·I will not consume more time to-day, but I shall take occasion at an planter to prepare his cotton for the manufacturer. Hargraves, an En­ early period, if opportunity is offered, to furnish to the House and the glish mechanic, had produced the spinning-jenny. And Cartwright had country some statistics which will set forth somewhat in detail the invented the loom, and in a short time, although all the fields through­ marvelous growth of the industrial arts in this country; how greatly· out the South whitened with the cotton crop, inventivegenius had pre­ our industries have been multiplied; how opportunities for remunera­ pared thew ay to take care of it so as to make our clothing cheaper and tive employment have been increased; to what vast extent the com­ more abundant. forts and conveniences which adorn, beautify, and make healthful the The same idea is gran~ly exemplified in the development of the art homes of our land haYe multiplied and cheapened. I shall do this in of printing? When the Dark Ages l'assed. away and the Reformation conilection with the proposition to give the honorable Commissioner of was ushered in, it was necessary to facilitate the dissemination of great Patents, Mr. Montgomery, the force actually necessary to dispose of the truths, to scatter them broadcast throughout the world. What fol­ vast businessbroughttohis bureau; I feel well assured, Mr. Chairman, lowed? The invention of the art of printing; and on the heels of that that upon careful study of this question gentlemen will reach the con­ there came in time the power-press; so that to-day the thoughts of wor­ clusion that in nothing did our fathers show grea.ter wisdom than in thy men, and I regret to say the unworthy, too, are carried on the wings providing for the encouragement of the coining and printing of noble <>f lightning and given to the press everywhere, so that the sententious and ennobling thoughts and the production of labor-saving machinery. suggestions of my honored friend from Arkansas will be read to-morrow I return to. my honored friend from Pennsylvania such portion of the in every hamlet throughout this country as well as, I am glad to say, hour as remains. [Applause.] that thoroughly efficacious antidote administered by the honorable gen­ Mr. KELLEY. The general demand seems to be for a vote; and, tleman from Pennsylvania. [.Applause.] unless somebody has some special benediction to pronounce, I will now I wish to say but one thing further, for I had no expectation of tres­ ask for a vote. · passing so -long on the time and patience of the House. The spirit 1\Ir. DUNN. I haYc a "special benediction to pronounce" for the which a<:tuates my friend from Arkansas is the same spiri~ which benefit of my friends on the other side. mobbed Jacquard in Lyons when he sought to bless"his people by giv-· Mr. KELLEY. Then I reserve the residue of my time. How much ing to them the Jacquard loom, through the aid of which a handful of time hav~ I remaining? men could do the work of a hundred. It is the same spirit which The CHAIRMAN. Twenty minutes. mobbed the inventor of the sewing-machine in Paris; the same spirit Mr. J?UNN. I am not at all surpriSed, :Mr. Chairman, my criticism which in England mobbed that genius in mechanics Hargreaves be­ of the policies which have obtained during the past twenty-five years cause it was sopposed his invention would take bread out of the mouths of bad legislation and administration should have roused to the very pfthe laborers who worked in the factory by his side. Yet I take it, depths the friends: adherents, and advocates of high taxation and mo­ the gentleman from Arkansas will, like those who in Lyons mobbed nopoly extortion. I anticipated that, and I am gratified at the re::;ult . .Jacquard and afterward contributed to build a monument to his genius, Le~ the galled jade wince, my withers are unwrung! · live to thank the inventors of this and other countries for what they have done to bless mankind. , Now for reply to my distinguished friend from Pennsylvania [Mr.

j 4520· CONGRESSIONAL RECORD-HOUSE. MAY 14, ... \

KELLEY]. Who doubts if the Government would longer exist without Deputy Coroner O'Meagher made a post-mortem·exa.mination of the body. He said: "She died of congestion of the brain. Her blood was watery from n method of taxes which enables PennsylVania and other such States general debility, caused by overwork." with like interest to develop by robbing the tax-paying people by Indeed, into her work she had put her life; it WI\S all she had to give.· means of an unseen, unknown; unpublished, and unconsented-to sys- They took her from the workshop to the place which had been her home and left her with her mother. A.nd to-day, between the hours when the church bells tem of taxes. [Applause.] ' · will ring for morning and evening service, she will be borne away to Calvary That gentleman, as he always has done, claims to be the special Cemetery to be laid among those who have fallen asleep before her. At rest­ champion of labor. I will ask ihe Clerk to read what is sa,id by a mas­ poor little Emily Hearn, poor little factory girl~ ter workman and laborer of Pennsylvania-what he says in behalf of Mr. DUNN. There is another from the great protected silk manu­ Pennsylvania capital and monopoly, of associated wealth clothed with facturing industry, where they all should be happy and clothe(l in :fine · power to extort and rob under an unjust system of taxation. raiment. Mr. KELLEY. Name the author. The Clerk read as follows: Mr. DUNN. Mr. Powderly. You will get his name when the ar­ ticle is read. THE SILK-WEAVERS' APPEAL. The striking silk weavers, of West Hoboken and Union Hill, N. :1., have issued The Clerk read as follows: a circular, setting forth.that their wages have been steadily reduced during the FREE TRADE cr LABOR-TilE K.Th"D OF WOR~ItS PROTECTED INTERES'TS E~ past five years until now they are less than 50 per cent. of what they were. At PLOY IN PESNSYLVANlA, . the same time living expelll?eS have increased by the advance of rents and cost SCRANTON, PA., June24. of necessaries. They believe that overproduction -can be checked by. decreasing Ex-Mayor Powderly, of this city, general master-workman of the Knights o! tho hours of labor, and their productions will consequently command better Labor, who has just returned from a trip to the Connellsville coke region, said prices. They state their position is that of white slaves; that the manufacturer Saturday that he never believed such degradation possible a.S he had witnessed pays them paltry wages, while.he lives in princely style. Their demand is for nmong the Hungarians in that portion of Pennsylvania. The condition of the bread, and theyapp~al to the people to aid them. women who worked n.t and around the glowing furnaces, doing tasks -that would try the stoutest men; he described as being most lamentable, and sur-. Mr. DUNN. Mr. Chairman, that o11ght to be an answer to all that passing in grim realism anything be had ever beard or read on the subject. has bee~! said by those who claim to be th~ special champions and pro­ He says: "I have often beard of the employment of women at the coke-ovens, but never bad an opportunity of seeing it before. At 6 o'clock in the morning tectors of labor; No such conditions as these have ever existed in Ar..­ I went to the coke-works, and there I saw that the stories I had heard about kansas or £he South.. The d~y js coming, has come, ~ben they will no this matter were not exaggerated. At one of the ovens I saw a woman halt longer be able to rob the wages of the laborer of half 1ts value by doub­ naked drawing the hot coke from the chamber. She bad no covering on her head and very little on her person. · Her appearance was that of.one. whose ling the cost of that which is necessary for him to live upon with an spirit had been broken by hardship and hard work. Her attire consisted of. a unseen and insidious tax and persuade the laborer that it is protection coarse chemise and a pair of cowhide boot.s. In a freight car close by stood an­ to him. other woman forking the coke as it came to the car. Forking is the term used to indicate the disposition of the coke when it is thrown into the car. The per­ In the name of protection you have robbed labor of its wages; you son who does the forking throws the coal to either end of the car as it is wheeled have robbed the lite of labor and of laborers and their families of its hap­ in. 'I'he woman stood in the doorway and was dressed in ·a rough, loose-fitting piness an.d· pleasure, and you send their children to premature graves outer garment and an apron. Her pe1·son from the waist up was exposed. 'Vhen she stooped over to handle the coke she caught her hair. between her teeth with the prayers and the smiles of the pharisee upon your lips, while in order to keep it out of her way; Her feet were encased in a pair of heavy you -send them to a pauper's grave prematurely prepared for them, and shoes and her legs were exposed from the knees down. Her babe, which she pocket the HI-gotten fruits ·of protection. . · brought to the works with her, lay in front of the car, with scarcely any cov­ ering except the shadow of a wheelbarrow, which was turned up in order to The gentleman says that but· for the unwisdom and folly of Arkan­ Jlrotect the child from the rays of the sun. 1\Iany more such· scenes met my sas politicians Arkansas would be great to-day. Yiew, and some of them were even worse than this. The opposition to the Mr. BAYNE. I would like tcj ask the gentleman a question. Hungarians amounts to a hatred, which is liable at any time to· burst forth into a blaze that may sweep them entirely out of the country." Mr. FARQUHAR. I hope the gentleman from ArkUnsas will not be interrupted. This is the best speech for protection ever made on this Mr. DUNN. Now, Mr. Chairman, my f~iend from Kentucky [Mr. floor. · • BimCKI~RIDGE] hands me an extract from the N~w York Herald, Mr. BAYNE. · I hope the gentleman will yiekl for a question. which I also ask the Clerk to read. · It gives a further account of the . 1\lr. DUNN. No; I do not yield. I hope the gentlemen from Penn­ beauties, luxuries, and wealth and delight of that protected labor. sylvania will be able to keep their seats while I occupy the floor. [Applause.] Mr. BOUTELLE. The gentleman did not keep his seat while the Mr. KELLEY. Mr. Chairman-- gentle~ali from Pennsylvania was on the floor. Mr. DUNN. I do not yield. . . Mr. MILLIKEN. No; the gentleman from Arkansasdidnotappear Mr. KELLEY. I thought the gentleman had taken his seat. to be very well anchored while the gentleman from Pennsyl>ania was Mr. DUNN. No; I b::we a good deal more to say . . [Laughter.] speaking. · Mr. KELLEY. I do not ask him to yield. The CHAIRMA.!.~. Tlie gentleman.from Arkansas declines to be in­ Mr. DUNN. ·I hope the gentleman will have patience to hear what terrupted. is coming. Mr. DUNN. I expected the galled jades to wince. I expected that. The Clerk read as follows: I am not surprised. It shows that my shots m·e well directed. . y;QRX OUT-AFTER YEABS OF .STRUGGLING LITTLE E:IIILY HEARS FIXDS LONG The gentleman from Pennsylvania said that it was the folly of .Arkan­ REST. sas politiCians, which he uttered with a sneer, which prevented that Yesterday the body of little Emily Hearn l:l.y in a cask~t, and beside it stood those who had loved her, and their tears fell upon her shrond. She seemed to State from blooming and de>eloping as a garden. Heismistakenasto rest in sleep; it hardly seemed as though it was death. A smile softened the whom Ar.kansas is indebted for if$ present condition, which is not per­ rigid lines of her mouth, while .the lips and the cheeks were softly tinged with n pink that might have adorned a rose. The neighbors and the acquaintances haps as deplorableasthegentlem:m JDightimagine. Still I confess that who li veu in the same building-No. 47t Carmine street-reverently glanced at it bas been grievously wronged and· robbed. the dead girl's face and gave their whole heart's sympathy to the poor widow If the account is carefully examined and the guilty parties detected whol>c main support she had been. Yes, she had toiled for the mother and the little brothers since the time she requisition would be sent to Pennsylvania, for the robbers. It is the had first been able to earn a dollar, and only ceased to toil when exhausted nat­ Pennsylvania statesman who has robbed Arkansas and also other tax­ ure re"olted as she sat making gay millinery feathers at her bench in the fac­ paying communities of their just· prosperity; and I am aware, and I tory. Of the young girl the kind-hearted neighbors talked freely. In the humble dwelling she was known as "Pretty Emily." Her features were regu­ grant him, that this policy of protection has allowed therri to do it; lar, her hazel eyes large and flashing, and her black hair when shaken from the that this Governni_ent in fact lays one hand upon the property of the comb fell in great masses, so that she, to please the mother who adored her, agricultural communities, and with the' other transfers it to the ·pock­ would laughingly sit upon it, "just to show the folks how long it was." ets of his constituents; and that is what a judge of the Supreme Court MUCH LABOlt A}.'D SMALL EARNINGS. called ''robbery." · · ' She ]tad one of those faces; those sweet, open faces, that men as they pass through the stree.ts turn to look at. "And had she not those who would love But ram not here to make a tariff speecb. The people arc coming her?" said the mother amid sobs. "Lord bless you, sir, my girl wa5 a. good to ~derstand all of that. What ha>e I said that looks toward striking girl, and she listened to no nonsense. It was from bed to the shop, from the down 'the inventive genius or impoverishing it or disconragiug it? I shop to the work she brought hom~ with her. She was one of the industrious Jdnd." Of her virtnes and industry the neighbors were neve1· tired telling. think that those who. fmmed th!s Government intended that. the laws •• And what did she earn working so hard?" should be so enacted and so administered that the greatest possible free­ "Six dolJars a week, please you, sir." dom and benefits and happiness shonld flow to all the people, not to '.fhe little m11.id, fot• she was scarcely eighteen, was loyal by nature, true in heart and faithful'to those few persons with whom she came in contact. For favored associations of wealth alone. I know that it is the theory of old three years she had worked for her employers in the Grand street millinery .countries and of our own Federalist friends that the masses of the peo­ goods f<1.ctory , and she was fond of them and they of her. Only a. week ago the ple could not be trusted to govern and to shape the future of this coun­ two other girls who had been employed there left to go to another place where fur goods \verQ made. It was the very height of the emplo~'ers' bu.!'y season, try; that they are.not safe; that some favored class ought to haye the yet they deserted him. Little Emily believed it a "shabby trick," and "she control of the Government._ This Government denies that to any class, tried to do too much," so says the son of one of her employers. and leaves the whole power in the hands of all the people for their ben­ DIED FROM OVERWORK. efit. Every living soul in this country it was intended should share "She left he1· table, where she had been making dark-blue pompons, and equally the blessings and benefits of the Government. It was thought started for the stairs," said the same .young man. ·• She went up as I came down. She was suddenly ill. Mother went up and saw her lying down. that the efforts of the wiseat and best statesmanship woulll. so direct Mother said, • She is overworked; let l;ler sleep.' Later mother went up to see affairs that each and all should be permitted to participate, and not the 'her, and she came down sa~·ing, · • I don't 1ike Emily's looks; her cheeks are favored few. · · getting blue.' I was out. :\!other went for a doctor and father tried to make Emily drink a little co;;nac, but she was insensible. The doctor came, but But these powers have b3en surrendered to associations of wealth Emily was deacl." who are no better born tha anybody else that I am aware of, :md they

1.1 II 1886. CONGRESSIONAL RECORD-HOUSE. 4521

are taxing the masses of the people of this country out of the just fruits I want to place all the necessaries of life within the reach of every­ oftheir earnings. This has created the results which we now seek to body. It is no answer for the gentleman to tell me if people do not correct, but the people are more restlesg, more discontented, because want an article they need not take it. That is not the question. The your system of monopoly and protection deprives them not only of half point is, all the people ought to get everything they require at the • oftheir wages, but of the just measure of employment that belongs to lowest possible price. I do not favor a policy which makes all the nec­ them. One of the great apostles of protection announced not long essaries of life dearer, which makes life harder, and the struggle for life since that the time was coming ~en the statesmanship pf this country more terrible than it already is. You have made it bad enough. would be called upon to determine how production could be limited I reserve the remainder ormy time. instead of finding how markets can be extended. That long and oft Mr. KELLEY. Mr. Chairman, I want to express my profound ac­ promised home market that was to enrich everybody has not appeared, knowledgments to the gentleman from Arkansas [Mr. DuNN] for but the result has brought riots and bloodshed and butche1·y, short having justified me iu referring to Grand Master-Workman Powderly time, lock-outs, strikes, lower wages, and richer employers. 'Ve are as my 1riend and as my earnest and intelligent colaborer in the cause all to live upon one another-the manufacturers to live upon all other of protection. It has never been my privilege to meet Mr. Powderly, producers and all other laborers, and everybody else to live upon him. but I have received through many sources his kind acknowledgment If I may be pardoned a homely and rather rough metaphor, to pur­ of my sen·i:ces in behalf of the laborers of the country when defend­ I sue that theory to its logical conclusion is about as unwise as to feed a ing that provi ~; ·m of Republican policy and bw to which intelligent dog upon his own tail and expect him to 11row :fht upon it-just about laborers look tor the maintenance of·just compensation for faithful as wise as that. work. I desir-e also to thank the gentleman for having quoted Mr. There is but one policy, and that is to extend our markets to com­ Po,vderly's description of the laborers imported by contract into this f pete with all the manufactures of the whole world, and not only sell country, as it justifies me in saying that against such importations I agricultural products abroad, but manufactures as well. 'Ve are ex­ was among the earliest. and have been among the steadiest and most porting to-day, I believe, about 1 or 1 ~- per cent. of what we manu­ vehement opponents. • _ .

facture. Eighty per cent. of all that we do export is made up of agri­ Here i'3 the COXGRESSIOX.AL RECORD of June 191 1884, which con­ cultural products. And Jet me tell gentlemen that the time bas come tains the discussion upon the labor bill introduced by the gentleman when the American laborer, by the influence of railroads, telegraphs, from ~Iissouri [Mr. O'NEILL] on behalf of the Committee on Labor. and improvementswhich have spread themselves over thewholee:uth, l\[r. O'NEILL, of Missouri. Let me correct the gentleman. That is brought face to face with that long-talked-of pauper Jabor of the hill was introduced by ihe gentleman from Ohio [Mr. FoRAN]. whole world. India, through the Suez Canal, is reaching the markets Mr. KELLEY. Well, you were championing it. of the world which formerly took your wheat from the 1\orthwcst. l\lr. O'NEILL, of Missomi. Yes, sir. That India which expol'ted 40,000 bushels of wheat a. few years ago ex­ Ur. KELLEY. I am glad toknowtbatwe agreed once. (Laughter.] ported more than 40,000,000 bushels Just year. They can produce it Mr. Cbairm~n, during the consideration of that bill I begged a few and la.y it down iu the markets of consumption cheaper th:m yon can minutes, and in the course of my remarks said: transport it to and across the sea in the near future if onr present re­ I have looked upon the misery of the Brit.ish, French, Belgian, German, and I • strictive policy is adhend to. Austrian labo1·ers. I tried during the tariff debate to depict the sufferings of some of them. I was told when I did so that all the ills I had ·pointed to could ~ Mr. MILLIKEN. Will the gentleman allow me a. question? be found in this country. ) Mr. DU:NN. Y cs, sir. J painfully admitthatspecimensofthemallcan be found in this country. The Ur. MILLIKEN. Will the gentleman tell us l10w it is that they only answe1· I can make is that they are not general here, as they are elsewhere. t They are merely seminal here; there they are in full fruition; there they are not are able to produce whe.1.t so cheo.ply in India? Is it not uy the cheap only germinal, but you will find them blooming ·everywhere you find popula­ labor they have there; and does be want American labor to be reduced tion at all condensed. It is our duty to guard against their spread while we to that le>el? may. Let us antil ou_rselYes of every means by which we may inspire with hope and ambition the poor foreigners who have come to our shores, or who have :Mr. DUNN. They are enabled to produce it so cheaply because of l>een thrust upon them by speculating contractors and have drifted into the ten­ cheap labor, cheap living, and cheap taxation, but however it comes we ement house>~ and cellars of New Y-ork and· elsewhere. · Do not let us permit must confront it and compete with it. a\·arice to add to their numbers. Do not let us gratify the gi'eed of Pole, Italian, or Slav by welcoming to the ranks of our laborers men nnd women ft·om the worst Mr. MJL~IKEN. What ~lothes do they wear? as' ociations of Eastern a.ud Southern Europe. Do not let us- · Mr. DUNN. Their condition is bad, wretched, and miserable. Take I invite to this early utterance the attention of the gentleman from care that you do not tax your own p.ople into .a worse c6ndition~ They Arkansas who has intimated that I am the cre.1.ture of capitalists. I may take the markets and employments away from our people if ''e continue to increase the cost of production. wish I had capital invested or deposited, but it ·.could not add to my .Mr. l\fiLLIKEN. We will protect them. from that. freedom or· independence, for there is no capitalist or combination of 1\Ir. DUNN. Your protedion has brought you riot and bloodshed C..'tpitalists in the country that can put foot upon ~e 9r coqtrol my and poverty, and the squalor which you ·have heard .described in the opinions or conduct. extracts reads from the Clerk's desk to-clay. . l\Ir. DuN~ rose. Mr. PETERS. Will the gentleman permit me to ask him a ques­ Mr. KELLEY. I decline io be interrupted. The gentleman need tion? not shake his Arkansian finger at me. [Laughter. J On t~e occasion in Mr. DUNN. I can not. I am not. an advocateofunconditionalfree question, I went ou to say: Do not Jet us permit grasping capitalists, whether making glass, or coke, or trade. That is not practicable now. But I want to get away from iron, or any other product, to herd together men and women who seem to be · those outrageous war measures of. taxation and protection which you without a clear rccognitior1 of social or moral distinction between the sexes, if· adhere to. we may judge from t-heir daily life and the manner in which they inhabitindis­ crimina.telytheir large but unfurnished sleeping apartments. Can we prohibit l\Ir. l\IILLIKEN. · Will the gentleman have the goodness to state such immigration? \Vc have the general-welfare clause put at ns now nnd again, wha~ his position is? and, should I fail to :find power elsewhere in the Constitution, I would invoke Mr. DUNN. I do not yield further to the gentleman. I come hack the gen er ~l-weUare clause in behalf of the laborers of the country. to the question under discussion. · The gentleman from Ohio [Mr. Sir, l need not ask .assent to this doctrine from Arkansas, a State BUTTERWORTH],_ the late Commissioner of Patents, was roused to which employs iu her manufacturing industries less than one-fifth of frenzy, and delivered to us here a most admirable commencement ora­ less than one-third of 1 per cent. of the manufacturing workmen of the tion on the splendors that havE! result~d from the inventive genius of country. They who are arithmeticians may work out the problem for the world, and especially of this country, that was delightful, and themselves: the proportions are less than one-fifth ofless than one-third shows his admirable ability for such· an address as that. But I think of either the capital or the employes engaged in manufactures in this that the office of statesmanship is to consider and ascertain correctly country. The gentleman can not contradict it. all the reSources of the country of every character, for food, for com­ Sir, I have been laboring, against De~ocrntic opposition, since 1866 merce, for industries, for labor, and to so legislate that they shall be to relieve from duty raw materials imported for manufactures and to kept within reach of every living soul in this country at the lowest relieve our mani:tfactures of the burden of internal taxation. Every to­ possible price and under the most favorable conditions possible. bacco-grower, every-tobacco manufacturer; ev-ery maker of cigars, che­ I want to give to the people of this country the results of inventive roots, cigarettes, whether man, woman, or child, is burdened by this genius. While I would give genius its reward in full measure for all Democmt,;c taxation against which I have heen battling for twenty its qiscoveries, and would protect the inventor in all of them, I want to years. . give to mankind the fruits of his invention at the lowest possible rates. 1\k. DUNN. Who levied those tax:es? Instead of creating one gigantic monopoly, one great manufaeturina Mr. KELLEY. Who levied them? Why, the "m·ch-conspirators" establishment employing a limited number of bauds and taking· fo~~ agairist the reb~l army, Stanton and Lincoln and a Republican Con­ or five or ten times the legitimate price that ought to be paid for the gress, levied them iu order to provide means to maintain the Union_and invented article, I wonJd put all the laborers in the country at work the supremacy of the national flag. [Applause on· the Republican upon it and would allow all the workshops in the land to be open and side.] - - in competition with each other for the manufacture of the article; and Mr.· DUNN. And you-- - instead of giving employment to a few hundreds I would give it to all Mr. KELLEY. I decline to yield. I say, Mr. Chairman, that for in the country, and give that article to the consumer cheaper by ten­ twenty years I have striven to relieve the tobacco-grower of .A.1·kansas fold than it is given to them by that policy which the gentleman ad- from this Democratic internal taxation which should have been abol­ vocates. That is what l favor. _ - lished long ago. For twenty years I have labored, in season and out

; 4522 CONGRESSIONAL RECORD-· HOUSE. MAY 14,

of season, to give free alcohol to the arts fo:r the manufacture of drugs, ought to be repealed. Yet when the test came, when the power was medicines, and varnishes, and in the ten thousand industries of the in his hands, and his sworn duty was to conser>e the best interests of country into which it enters; but Democratic love of foreign importa- the country, he came before this House and refused to recoDJmend any ' tions has said, "No; tax our corn, as you do now, 90 cents a bushel if such measure, but, on thecontrary, said that his eaucus had determined we attempt to convert it into liquid; tax our tobacco as you do now, otherwise, and he would obey·the caucus. [Applause on the Demo­ but in God's name keep out factories and workshops fi·om our free cratic side.] country by abolishing protective duties." Mr. KELLEY. . I ask the gentlE:zntn in one minute whether I did They forget they can no longer whip their laborers as ·they used to not report a bill-- do when slavery existed; that Iaber is now free, and that they may as Mr. 1\Icl\fiLLIN. I have but little time. well let the free laborer of Arkansas be prosperous. They adhere to :Mr. KELLEY. Very welL I ask the gentleman whether I did not the doctrine that prevailed when great workshops were justly regurded report a bill repealing internal-Tevenue taxes, and whether-- as dnngerous to the institution of slavery. They should remember that Mr. :McMILLIN. I can not yield further. that institution ceased .to exist nearly a quarter of a century ago. Mr. MORRISON. The gentleman brought in a bill to !epeal the tax I find that on January 16, 1866, I &'lid: on banks: 1\I~·anxietyisnotabout the debt. It is that tbetaxes it involves shall be aslit­ 1\Ir. McMILLIN. The gentleman reported a bill to repeal the tax tleoppressive as possible and be so adjusted that while defending our industry on banks and to Teduce certain internal-revenue taxes, but I never aga.iustforeignassaulttheymayaddnothingtothecostoftbosenecessariesoflife heard, and the country never heard, of a single officer that he com­ whiclt we can not produce and for which we must therefore look to other lands. The raw n:mterials entering our manufactures, which we are yet unable to pro­ plained of as an engine of ~ppression b~ing cut off. [Laughter and duce, but on which weunwiselyimpose duties, I would put into the free-list with applause.] tea, coffee, and other such purely foreign essentials of life, and would impose 1\Ir. KELLEY. I had. no supporb in the Democra~c o~ llepublican duties on commodities that compete with American productions, so as to pro­ tect every feeble or infant branch of industry tmdquickcn those that are robust. . party. I would thus cheapen the element"s of life and enable those whose capital is em­ Mr. McMILLIN. The gentleman's part-y was in full power. Whose barke d in any branch of production to offer such wages to the skilled workm.en fault was it if he had no support? What more? He reported a bill of all lands as would steadily and rapidly increase our numbers; and, as is al­ ways the case in the neighborhood of gl-owing cities or towns of considerable to repeal the tax on certain cosmetie3., to repeal taxes on banks, and exteut, increase the returns for fnrm labor. This policy would open new mines to reduce the tax on playing-cards, hilt leaving it on Bibles. [Laugh­ and (1uarries, build new furnaces, forges, and factories, and rapidly increase the ter and applause on the Democratic side.] That is the history of the tax::tl!le property.and taxable inhabitants of the country. whole business. I would like to know-I would like the gentleman from Arkansas Now, sir, when the Democratic party is to be blamed I want all who to gi,,e me a categorical answer to the question whether the average are fairly deserving of a share of the blame to bare their shoulders, take wages of a laboring woman in Arkansas are like those that were e..'l.rned it, and to ·stand to it. (Applause.] by the little girl an account of whose death he caused to be read-a dol­ Mr. KELLEY. If I could have had Democratic support then against lar a day? She was but a child; she was working under the "oppres­ my own party I would have repealed the internal-revenue taxation. sion" of the tariff system, but her wages were more than have ever Mr. .McMILLIN. But the gentleman came and notified us that Dem­ been given as an average to '3.DY laboring woman in Arkansas. ocratic aid would not be accepted, because he &'1id his caucus deter­ Mr. DUNN. I will answer the gentleman, of course, as he asks me mined otherwise, and he would stand by his caucus, Democrats to the a question. The wages of a laboring woman in Arkansas depend alto­ contrary notwithstanding. [Laughter and applause.] Whe1,1 the propo­ gether upon which woman it is and what she is doing; but-·- sition came before the House to repeal the internal-revenue taxes, or 1\.Ir. KELLEY. I ask the average wages. to reduce them to an extent beyond the recommendations of the gentle­ l'!Ir. DUNN_ But more than half her wages are robbed from her to­ man's bill, the gentleman must not be remembered as one who voted for day by a protective system which doubles the cost of living. [Derisive the amendment and for the reduction. cries on the Republican side.] Mr. KELLEY. Who made such a demand? Who moved such an Mr. KELLEY. Sir, I shall have occasion to show what the indus­ amendment? If one was submitted I supported it. try of Arkansas is. I shall have an opportunity to show how many . Ur. l'!fclHLLIN. I know the gentlema~ does not like to share this wor-kshops she has, howmany people she employs in them, whatwages responsibility in connection with his utterances to-day, but in what I she pays. There is not a woman in the State who ever consecutively have said I only wanted to call attention to the facts of history, and fo1· a month received the wages that were paid to that poor, little, over­ was determined they should be m,.de known. worked girl-a dollar a day. Now, Mr. Chairman, no man re>eres my distinguished friend from Mr. DUNN. What! is the gentleman's authority for that statement? Pennsylvania [Mr. KELLEY] more than I do, but I will not, after Mr.. KELLEY. My authority is the United States census and the having heard him for years revile against the internal-revenue systerp, patent facts of the case-the poverty of the dwellers within that mag­ and seen him with power in his hands, and seen him refuse to use it to nificently endowed region known to the world as the State of Arkan­ secure the re~l, I will not, I say, take all the responsibility for keeping sas. [Applause on the Republican side.] that system up when it justly belongs to him. [Laughter and applause.] l'!Ir. Chairman, how much time have I remaining? Mr. KELLEY. I must say I h~we neYer seen an instant in which The CHAIRl\IAN. Six minutes. I had the power in my hands. 1\Ir. KELLEY. I will reserve that. I want a little rest. · Mr. SPRINGER. Let me inquire of the gentleman from Pennsyl­ Mr. DUNN. I yield the remainder of my time to the gentleman vania whether he did not vote through the tellers against taking the from Tennessee [Mr. McMILLIN]. tax off tobacco in the Forty-seventh Congress? The CHAIRMAN. The gentleman from Arkansas [Mr. DUNN] has Mr. KELLEY. I never voted against taking the tax off tobacco. eight minutes remaining. · 1\Ir. SPRINGER. I saw the gentleman go through the tellers and vote Mr. Mc~IILLIN. Mr. Chairman, one would suppose from the speech against tiling off the tobacco tax. of my distinguished friend from Pennsylvania [Mr. KELLEY] that a Mr. KELLEY. When you wanted to allow your favorites to selllOO good deal of the fatigue of which he now complains was the 1·esult of pounds without restriction-- exertion to get rid of the internal-revenue system. It is well for us to Ur. SPRINGER. Thegentleman wentthrough·thetellers and voted recur in this eonnection to the history of legislation on this subject. against the proposition. I saw him do it. The system was inaugurated by the party of which the gentleman is a Mr. Mcl\HLLIN. I regret I can not~ield to these interruptions fur­ membe1·. ther, because I have but a moment more time. . Mr. KELLEY. It could not help it, having a war on its hands. The CHAIRMAN. The gentleman from Tennessee is entitled to the Mr. l\I cl\llLLIN. "Having a war on its hands!" If the gent~eman floor. . pleads war and the extremities of war, I will go to another time whe~ Mr. McMILLIN. Wlmt has been camplained of by the country, 1\fr. there was no war raging. I speak of a period eighteen years after the Chairman, in connection with the internal-revenue system was its op­ war closed. After his party had lost control of the J]:ouse of Repre­ pressive administration and its large number of officers. While the sentatives and had been out of power for years they were restored to internal-revenue taxes were reduced by the gentleman's party in the power in the Forty-seventh Congress. They had the House, they had Forty-seventh Congress, and on his recommendation as chairman of the the Senate, they had the Executive. For years we had been listening Committee on Ways and Means, they never got rid of a single bit of to speeches from the gentleman from Pennsylvania of exactly the same the obnoxious machinery,·not a particle of this oppression of adminis­ tone as that which has rung out here to-day. For years he had com­ tration. Now, sir, the surplus annually is less, than the internal ~rev ­ plained that. the Democratic House would not recommend a repeal of enue taxation, from thirty to :fifty millions of dollars _le s; and when the internal-revenue system. For years he· had said that it was a sys· the p;entleman stood here confronted with the fact that when here­ tem o.f oppression; for years he had sa.id it was an outrage to continue pealed the internal-revenue taxes he must place an additional tax on it; for years he sttid that its continuance was incompatible with the coffee or something else he di.d what every statesman was bound to best interests of the country. When his party organized the House do, he hesitated to make that reduction and to place with it the tax and came into full power that distinguished. gentleman [Mr. KELLEY] on coffee. [Applause.] was made chairman of the Ways and Means Committee_ He thereby l"tfr. KELLEY. The record shows otherwise. held the authority to say whether or not the internal-revenue sys­ The CHAIRMAN. '.I;:he gentleman's time has expired. tem should oontinue. After he was elected and after his party was in l\Ir. MARTIN. I take the floor now, Mr. Chairman, and I move tll:lt power he had stated on this floor tha~ the internal-revenue system the committee rise for the purpose of closing general debate.

I t. \ /

•1886. CONGRESSIONAL RECORD-HOUSE. 4523

M.l·. KELLEY. I believe I have six minutes of my time remaining. this way of the debate, thereby giving gentlemen an opportunity in I desire to ask any gentleman-- advance of those who are entitled to be heard upon the question. The CH.A.IR]!AN. The gentleman from Ahbama. has submitted a Ur. CUTCHEON. I do not wonder the gentleman objects. privileged motion, that the committee rise for the purpose of closing Mr. BAYNE. The galled jades are wincing on the other side. debate. The CH.A.IR:U.AN. The gentleman has two minutes remaining. .i\Ir. KELLEY. I want simply to ask-- Mr. McADOO. I ask a ruling on th~ question of order. Mr. MARTIN. I will withdraw my motion that the committee rise. The CHAIRMAN. The Cbairwill call the attention of the gentle­ 111r. KELLEY. I want simply to ask the memb~of the Committee man from Pennsy1 vania. to the point of order, and he will confine him­ of Ways and Means whether any Democratic member of the present self to the subject. Committee of Ways and Means favors the repeal of the interll!ll-re"Venne Mr. BAYNE. Mr. Chairman, I venture to say that in the county of taxes? Allegheny, where I live, there are more wages paid to labor in one year Mr. MORRISON. I think not. [Laughter and applause.] than are paid in three years in the whole State of Arkansas. In that .Mr. BAYNE. Mr. Chairman, the gentleman from Arkansas has county there were paid in one year over $22,000,000 to the working­ charged that the strikes and the labor tTonbles in this country arise men; and in one bank in that county there are deposits of 9,000,000, from high taxation. To my mind these strikes arise from the intelli­ a large proportion of which deposits are owned by the workingmen of gence of the working masses of thic:; country. The efforts on the parb the county. They own their own houses. They can strike to better of the workingmen themselves to better their condition by reason of their condition, and they can sustain their strikes; and in the struggle / their intelligence give rise to these strikes and other movements seek­ with monopolists and against combined capital they are holding their ing to accomplish the same end on their-part throughout the United own; and under the leadership ot: a man like Ur. Powderly, whose States. Yon hear of none of these things in China, whete.thelaboring prudent counsels and wise courie is commended by all thinking people classes have not the intelligence which moves them to seek their ame­ all over the· country, they are achieving better conditions and results lioration and raise themselves from their panpeTism. eve1·y day for themselves. The condition of these men in ihat Smte ~ Mr. DUNN. And that is the result of Chinese protection, is it not? their prosperity in Pennsylvania, is attributable to this law of protection Mr. BAYNE. It is not a question of taxation. It is a question· of which the gentleman from Arkansas has berated and traduced as result­ intelligence: Why, sir, in free-trade England bntashorttimeagotwenty ing in the oppression of the people in different sections of the country. thousand men marched through the streets of London in demonstra­ I have said that the county of Allegheny, in Western Pennsylvania, tion of their intentions to improve their condition:. pays more in wages iJi one year than the whole State of Arkan.sas does Yon hear of such demonstrations only in those countries, and em­ in three years. I now have the figures. The census of 1880 shows phatically in the United States, where labor is intelligent and educated. that the total amount paid in wages in Arkansas during the year was You d not.-h of them in Arkansas, where labor is not educated. $925,328, while in Allegheny County there was paid a total for the year lt!r. DUNN. Let me ask the gentieman-- of.$22,3n,951 and in the State of Pennsylvania over $134,000,000. 1t1r. BAYNE. No, sir; you declined to yield to me even for a mo­ The average paid t-o hands in Arkansas is ~bout $195 per year, while ment, and I shall not yield to you. the average in Allegheny County is over $450. · · . You do hear of strikes among the intelligent workmen of Pennsyl­ And the people of Pennsylvania not only pay good wages, but they vania. Our working people there are well off. In my own county of are educated. I find in the census that in Arkansas in 1880 there were Allegheny the workingmen own more property and represent more 97,990 native whites-mark yon, native whites; not colored persons or wealth than the entire State of Arkansas. foreigners-abo>eten years of age who could not write-about 25.5per The gentleman talks about the strikes being the result of poverty and cent. of the population .. In Pennsylvania there were but 123,206 of taxation. Why, I repeat, in China, among its pauper population, there native whites who could not write, or 4.8 per cent. • are no strikes. Its people are ignorant and poor. ' So His easy to see how things go in Pennsylvania as compared with Ur. DUNN. Yes, and that labor has been reduced to that condition Arkansas. [Applause.] of pauperism by centuries of protection amounting to absolute prohibi­ (Here the hammer fell.] tion. Mr. ~IA.RTIN. · I move that the committee rise for the purpose of Mr. BAYNE. ·I hope I will .not be interrupted. obtaining an order from the Honse to limit debate. I say wherever yon have educated men, thinking men, you will fi.nd Mr. SPRINGER. I ask unanimous consent that general debate on men who are seeking to better their condition. You will find men who this bill be closed. · agitate the labor question for their own protection against low and un­ There was no objection. just wages. The CIIAIRUAN. The question is, Shall the bill be laid· aside and Now, sir, the gentleman has called attention to a colony of Hunga­ reported to the Honse with the recommendation that it do- pass? rians in the western part of Pennsylvania. What has that to do with Mr. LOVERING. ltir. Chairman, what is the bill? [Laughter.] / this JIUestion? It is ~ transplantation from Europe. The CHAIRMAN (having put the question). The "ayes" have it. Mr. DUNN. By protectionists. , l!Ir. ANDERSON, of Kansas. I rise to a point of order. Mr. BAYNE. Mr. Chairman, I must ask the protection of the rules The CHAIRMAN. The gentleman will state it. · of the House against these constant interruptions, or else I shall ask for Mr. ANDERSON, of Kansas. I addressed the Chair before the ques­ more time if this thing is to go on. tion was put for the purpose of inqp:iring whether the amendment Mr. HENDERSON, of Iowa. Now the "galled jade" winces on offered by the gentleman from Pennsylvania was adopted. I ha.d that that side. [Laughter.] , . . 1-ight as a member of the House. The CHA:IRMAN. . The gentleman from Pennsylvania declines to The CHAIRMAN. The Chair will state no amendment was offered be int~rrnpted. by the. gentleman from Pennsylvania. The only amendment to the Mr. "R.A.YNE. That colony in Western Pennsylvania represents all bill was the amendment submitted by the committee. the ess~ntial elements of European labor and that class of Enropean Mr. ANDERSON, of Kansas. I call for a division on this vote. civilization which is represented by its working people. The committee divided; and there were-ayes 120, noes 33. These free-trade laborers were imported into this country under the So (further count not being called for) the bill was laid aside to be contract system and against the protest of Pennsylvania and Pennsyl­ reported to the House with a favorable recommendation. vanians, as every vote will show that has ever been recorded upon the The committee informally rose, and the Speaker resumed the chair.

subject by Pennsylvanians in Congress. ENROLLED DILLS SIG~"'JID. Mr. DUNN. Bntnotagainsttheprotest of Pennsylvania manufact­ urers. Mr. NEECE, from the Committee on Enrolled Bills, reported that Mr. BAYNE. It represents an essentially foreign element and for­ the committee had examined and found duly enrolled bills oft~efollow­ eign methods; an element that is as foreign toou.rUnitedStatesasthat ing titles; when the Speaker signed the same: represented by the Chinese in Ban Francisco, which illustrates the Chi­ A bill (H. R. 1393) granting a pension to Silas S. White; nese mode of living and Chinese civilization. A bill (H. R. 1406) granting a pension to Simmons W. Harden; But, sir, yon go among the workingmen of Pennsylvania east and .A. bill (H. R. 158'2) for the relief of Eleanor C. Bangham; west throughout all of the limits of that broad C9mmonwealth, and you A bill (H. R. 2145) for the relief of Rebecca Eldridge; will find an educated class, a thrifty class. You will find them own­ A bill (H. R. 3921) granting a -pension to .Richard Gear; and ing property, having deposits in the savings-banks ·or the St;a.te. Yon A bill (tl. R. 5254) to increase the pension of George W. Smith. will find among them intelligence and cultivation, and you will find DEFICIENCY APPROPRIATIO:N" BILL. them equal to any class of the people throughout this great Union in lli. ADAMS, of New York, from the Committee on Appropriations, any section of our common country. reported a bill (H. R. 8762) making appropriations to supply deficien­ 1\Ir. 1\IcADOO. I rise to a question of order. cies in the appropriations for printing, pensions, and pay of the Army The CHAIRJ\lAN. The.gentleman will state it. for the fiscal year ending June 30, 1886; which was read a first and Mr. McADOO. This discussion is not germane to the subject-matter second time, referred to the Committee of the Whole House on the state of the bill under discussion. I make this point of order because I un­ of the Union, and ordered to be printed. derstand that eighty gentlemen have signified their intention of discuss­ M.r. McMILLIN. I reserve all points of order on this bill< ing the tariff in the regular manner, and I object to the introduction in ~he Committee of the Whole resumed its session. 4524 CONGRESSIONA-L RECORD-HOUSE.

HENRY MARTIN. forgeries of John T. Best, ]ate clerk of the engineer of the twelfth light-house district, and due the several claimants as follows: Employes at Point Conception The next business on the Private Calendar was the bill (H. R.1418) light,$3,784.70; l\figuelOrtego,$478.14; CharlesAshton,$2iO; Pigeon Pointlight for the relief of Henry .Martin. station, lt9S0.99; sundry small bills, $1,200.95; Martin and P. B. Murphy, ~10,000; The bill was read, as follows: 0. B. Shaw, f1,748.87. Be U enacted, d!e., That· Henry Martin, of Seward County, Nebraska, or his Mr. FELTON. This bill is simply to pay an indebtedness of the legal representatives or assigns, may select and shall be allowed a patent for SO United States incurred four years ago to certain employes, mechanics, ncres of the unoccupied and unappropriated public lands of the United States in the State of Nebraska, not mineral in character, and in tracts not less than the and laborers in the twelfth United States light-house district. It has subdivisions provided for in the United. States land laws, and if unsurveyed been examined by three different com:missions of the Light-House De· when taken, to conform when surveyed to the general system of the Unit-ed partment, and I have in my hand the report containing the recom­ States land surveys; and the Commissioner of the General Land Office, under the direction of the Secretary of the Interior, .shall be authorized to issue scrip, mendation of each commission that this bill be ):>assed, and stating that in legal subdivisions, to the said Martin, o'r his legal representatives, in accord­ there is no question whatsoever of the indebtedness and that the money ance with the provisions of this act, which scrip shall be received in payment ought to be paid. I do not desire to take up the time of the House in for Sll.id land. having the report read, but it can. be read if any gentleman desires it. Mr. SPRINGER. I ask that· the report may be read. The bill was laid aside to- be reported to the House with the recom­ ~e report (by Mr. DORSEY) WM read, as follows: mendation that ~t ~o pass. The Committee on Privat-e Land Claims, to whom was referred the bill (H. R. 1418) for the relief of Henry 1\Iartin, respectfully submit the following report: P ATTISO~ & CALDWELL. Henry Martin made homestead entry No. 15209, at Lincoln, Nebr., December 15, 1874, of the E. t SW. t, and \V. t SE. t, Sec. 2, T. 11 N., R. 4 E., containing The next business on the Private Calendar wns the bill (H. R. 1813) 160 acres. It appears that 1\lartin's entry to the W.t SE. twas erroneously al­ for the relief of Pattison & Caldwell. lowed by tbe register and receiver, as the same was ·embraced in a prior entry. The bill wa.S read, as follows: The fad that the SO acres had been embraced in a prior entry was unknown to :Martin, and it was selected by him in good faith and upon the assur~ce of Whe;eas it is represent~d that in an attempt to extinguish the fire by which the register and receive1· that the land was vacant and unappropl"iated public the distillery of Pattison & Caldwell, located at Hamilton, Ohio, ~as destroyed, la..'ld. water was thrown into, ran into, and become intermixed with certain distilled Martin, immediately upon making said entry, took possession of the land, spirits then in t~e drawing-off cisterns in the cistern-room of said distillery; erected a house and made valuable improvements, and made it his home. Six­ that by reason of said intermixture said spirits were reduced twenty degrees teen months after the entry and occupation of the land he wa.S advised by the below proof; and that, under that provision of law by which a tax ot 90 cents CommissioneroftheGeneral Land Office that his entrywas heldforcancellation is imposed on each and eve1·y wine-gallon of distilled spirits when below proof, to the extent of said 80 acres; and he was allowed to retain the E. ·} of S W. t, said Pattison & Caldwell were required to pay, and did pay, inoornal-revenue Sec. 2 (SO a-eres), as his homestead, or haye his entire entry canceled and be al­ taxes upon said spirits to the amount of $510.30 in excess of the sum they woul10.30, as it shall be made to appear to the satisfaction of the Commissioner 1\fartin was a poor man, who had lost hi3 leg while in line of duty as a Union of Internal Revenue they ha'\""e paid as int~rnal-revenue taxes on said spirits in soldier during the late war (as a. private in Company A, Eighth New Jersey · excess of what they would have been required to pay thereon had there been Volunteers). no such interniixture of wat-er and reduction of proof. · Every dollar he pad was invested in this land, a.nd it was a. matter of impos­ sibility for him and his family to leave their home and commence anew. He :M:r. BROWN, of Ohio. I move that the bill be laid aside to be re­ therefore remained on the SO acres which were not canceled. porteQ. to the House with a favorable r·ecommendation. Martin subsequently applied for permission to make an additional entry. Mr. HOLMAN. Is there any recommendation of the bill from the This application was denied, as his entry was made after the Revised Statutes took effect. Internal-Revenue Bureau? 1\lartin has continuously endeavored from that time to this to secure an addi­ Mr. BROW,N, of Ohio. The report might as well.be read. _I~ em­ tional entry of SO acres, but has been informed by the Land Office that his only bodies the recommendation of the officers of the Department. remedy would be relief by special act. · '.rhis is a meritorious case. 1\iartin bas, through 110 fault of his, but by reason Mr. KING. Is this bill reported favorably by the committee which of an error of the officers of the land office, been deprived of the right to letters had the matter in charge? patent for 160 acres, to which he would have been entitled had no error been The CHAIRMAN. The bill is fa>orably reported by the committee. made by the local officers. He is a crippled soldier, with a large family, who· are dependent upon his labor for support. He therefore asks simply justice, The Clerk will rend the report: . namely, that he be granted scrip to the amount of SO acres, which he may locate ~he report (by Mr. BRow~, of Ohio) was rea.d, as follows: upon any cif the unappropriated public land in the State of Nebraska which is not mineral in character. · Tbe Committee on Claims, to whom was referred the bill (H. R. 1813) for the The committee recommend that the bill do pass. relief of Pattison & Caldwell, haye considered the same, and 1·espectfully re- port: . Mr. SPRINGER. I offer the amendment which I send to the desk. That the bill is the same as Senate bill 956of the Forty-eighth Congress, which received a favorable report (No. 356) from "the Committee on Finance; which re· The Clerk r·ead as follows: port, afte1· careful consideration by this committee, is adopted as its own, and is In line 6, aft-er the word" Nebraska," insert the words" subject to entry." as follows: That the bill, together with the accompanying papers, was submitted to the \ Mr. SPRINGER. This amendment is acceptable to the gentl~man Secretary of the Treasury,and _by him referred totheCommissionerofinternal · from Nebraska. [Mr. LAmD ], who introduced the bill. Revenue. ·. In view of the facts set forth in the letterofthe Commissioner, which The amendment was adopted. is appended hereto and made a part of this report., the committee recommend The bill as amended was laid aside to be reported to the House.with that the relief be granted. TREASURY DEPAll.TliiENT, OFFICE OF lli.""TERNAL REVENUE, the recommendation that it do p!tss. .- · Wa.sh:ington, March , 1884. J. M. EKGLISH. Sm: I have the honor to return here-with the letter and inclosures of Hon. Justin S. Morrill, chairman of the Committee on Finance, United States Senate, The next business on the Private Calendar was the bill (H. R. 2244) addressed to you and by you referred to me for report. Ir. l\forrill incloses a. for the relief of J. M. English, the administmtor of the estate of Rich­ copy of Senate bill 956 for the relief of Pattison & Caldwell, and papers relating thereto, and asks that you will dil'ect the proper officer of your Department to ard Fitzpatrick, deceased. report the facts, and also his views as to the propriety of granting the :relief. The bill was read, as follows: Senate bill No. 956 recites the circumstances of the destruction of the distillery Be it enacted, &e., That. the Secretary of the Treasury be, and he is hereby, di­ of Pattison & Caldwell by fire, when water thrown upon the burning building rected to pay to J.l\I. English, administrator of the estate of Richard Fitzpat­ mn into the spirit cisterns and became intermingled with the spirits therein so rick, deceased, Sl2,000, out of any money appropriated fo1· the payment of judg­ as to reduce the same twenty degrees bel6w proof, and. the tax of 90 cents was ments of the Court of Claims; that amount being found due and allowed to exacted as required by law on each wine gallon of said spirits, and proposes to Richard Fitzpatrick, during his lifetime, by the Court of Claims, as compensa­ authorize and direct the Secretary of the Treasury to pay to said Pattison & Crud well so much, not exceeding $510.30, as it shall be made to appear to the tion for the use and occupation of his property by the United States Govern­ . satisfaction oftbe Commissioner ofinternal Revenue they have paid us internal­ ment. revenue taxes on said spirits in excess of what they would have been required Mr. TRIGG. This is a bill to provide for the payment of a judgment to pay thereon had there been no such intermixture of water and reduction of of the Court of Claims. It is the unanimous report of the Committee proof. · I have the honor to report as foUows: on Claims of this House. It was also unanimously 1·eported by the Com­ The records of this office show that the distillery of l\Ie r3. Pattison & Cald­ mittee on Claims last session. I do not think it is necessary to make well WIJ.S destroyed by fire March 18,188:~; tlmtthc contents of the receiving cis­ any statement unless some gentleman has any objection to m·ge against terns were damaged and reduced below proof by water from tl!e fire-engines; that the spirits so damaged and reduced below proof were drawn oft" and ware­ the bill. housed on the 28th of l\1arch, 1883, the gauger's report showing 2,899 wine and The bill was laid aside to be report~d to the House with the recom­ · 2,319.20 proof gallons, and that they were withdrawn and the tax paid on the mendation that it do pass. number of wine gallons, 2,8W, April19,1883. Had the tax been collected on the proof gallons only it would have been collected on 2,332 gallons, the difference RELIEF OF LIGHT-HOUSE EliPLOYES. between this and 2,319.20 being made by the fractions of over one-half. The difference between the number of wine and taxable gallons was therefore 567 The next business on the Private Calendar was the bill (H. R. 190) gallQns, the tax on which,. at 90 cents per gallon, is $)10.30. for the 1·elief of certain employes and others of the twelfth United States I am of the opinion that the bill (S. 956) is an equitable one, and that a bill of light-house district; reported byMr.:M:cKE..~~A from the Committee on this nature should become a law. Very respectfully, Claims. WALTER EVANS, Commissioner. The bill was read, as follows: lion. CHARLES J ; FOLGER, Be it enacted. &e., That t11e Secretary of the Treasury be, and he hereby is, au· &eretary of th6 Treasury. tborized and directed to pay, out of any moneys in the Treasury not otherwise appropriated, the sum of $18,465.65, in payment of certain claims against fJ:le The bill was laid aside to be reported to the Honse with the recom-­ United States Government not heretofore paid because of the defalcation anc.l mendation that it do pass. 1886. CONGRESSIONAL RECORD-· HOUSE. 4525

E. J. PHILLIPS. • the general law to grant relief, and I understand that the stam-ps did The next business on tho Private Calendar was the bill H. ·R. 5553; not amount to $2,000. Yet, notwithstanding this clear authority to which was read, as follows: • relieve. the Postmaster-General, through his representative, sends this claimant to Congress. Now, if all that be true, the Department itself Be it enacted, &c., That the Postmastei~Genera.l be, and he is hereby, author­ ized ahd directed to settle and adjust the accounts of E. J. Phillips, postmaster ought to be reformed. · at Oberlin, Ohio, and ·credit him in said settlement with the sum of $2,~14.89, the Mr. GEDDES. I will not stop to debate that question now. If you same being for United States postage-stamps of the value of $1,837.64, and money­ will just let this bill pass and let this man be r~lieved, we will reform order funds amounting to $277.25, lost by n. burglary, without any fault or neg- ligence of the postmaster. ~ . the Department hereafter. · 1\Ir. 'VARNER, of Missoru-j. If the gentleman from Illinois will aid 1\Ir. BROWN, of Ohio. Mr. Chairman, this bil_l is reported in pur­ the Committee on Claims, there is a general bill now t·eported from that suance of the recommendati~m of the Post-Office Department. .An in­ committee to reform this -very thing. vestigation of the matter has shown that the postmaster was in no way Mr. CANNON. · Mr. Chairman, if it were not that I know from at fault. ! ·therefore move that the bill be laid aside to be reported to what the genUe~an from Ohio [Mr. GEDDES] and the gentleman from the House with the recommendation that it do pass. -Missouri [Mr. WARNER] both have said, that they have investigated Mr. 0ANNON. Will the gentleman allow meaquestion before that this matter,-! should say there was a "nigger in the wood-pile." motion is put? 1\fr. GEDDES. Not at all. It is all per1ectly white. . Mr. BROWN, of Ohio. Yes, sir. 1\lr. CANNON. I am willing to take the assur.an~ of the gentle­ ) Mr. CANNON. If it be true that this postmaster was without fault man on ·that point. in relation to the loss of these stamps, why is he not relieved under the The report tby Mr. BROWN', of Ohio) was read, as follows: general law passed sonie years ago? · . The Committee on Claims, to whom was referred the bill H. R. 5687 in the Mr. BROWN, of Ohio. He could be relieved so far as the stamps Forty-eighth Congress, considered the facts in this case, and made report thereon, are concerned; but there are some other items as to which he could not which your committee adopt as their report, as follows: - " From the papers filed in this case it appears that op the night of the 2d day be relieved under the general law, and the Departm~nt recommended of May, 1882; t,he post-office at Oberlin, Ohio, was entered by burglars, the safe this course. blown open, arid postage-stamps of the value of $1,837.64, and money-order Mr. CANNON. Then this does not .apply, to relief for the stamps? funds ~mounting to $277.25, were stolen therefrom. '.rhe Post-Office Depart. . ment examined the case, and report that the loss resulted from no fault or neg- . Mr. BROWN, of Ohio. Yes. '.fhe Department recommends that he ligenceofthe postmaster, E. J. Phillips, but that he seems to have exercised,_ all be credited for both in this way. the care and diligence ju the premises that could be required. . The said sum of, Mr. WARNER, of Missouri. ·If I may be pardoned, I will say, in $227.25 hns been paid by Phillips to the Department; the said sum of St ,837.64 bas not been paid to the Department, but stands as a charge against P~illips. reply to the gentleman from Illinois, tliat under the general law the The Department recommends that the said Phillips be allowed a credit of 12,- Department has no authority to act in a case where the amount cx- 114.89, being the aggregate of the two sums last named. The bill provides for ~eds $2,000. · • · · - the payment of said sum to E. J. Phillips, the postmaster; but as he has only. paid $277.25, and is charged with the balance, S1,837.64, your committee report a Mr. BEACH. Does this case exceed $2,000? substitute for fhe bill submitted, which substitute provides that the Postmaster­ Mr. WARNER, of Missouri. It does. ~ . General J>c authorized to credit the accounts of E . .J. Phillips with the said sum Mr. GEDDES. I will say the gentleman from Illinois [Mr. CAN­ of $2,114.89 in settling his accounts. to "The committee recommend the passage of the substitute." NON] that I presented· this matter in person at the Department, and Your-committee therefore recommend the passage of the accompanying sub- was willing, on behalf of the postmaster concerned (who resides at stitute reported by this committee. · Oberlin, Ohio, in my district), to waive or lose the odd $124, or what­ There being no objection, the bill was laid aside to be reported to the ever the exact amount was, aml I made that suggestion; but the De­ House with the recommendation that it do pass. partment declined it, saying that he ought not to lose any portion of the money, and that the account ought to be made correct on the record, PAY OF FO:&:\fER HOUSE EMPLOYEs. and the Depru:tment advised this course. I then filed a bill in the last Mr. HF;NDERSON, of Illinois. I ask unanimous consent that the Committee of the Whole now take up for consideration the bill which J Congress, which was favorably reported by the committee but was not reached. on the Calendar. · · · I send to the desk-a bill for tho relief of some persons who have been Mr. CANNON. · Yes; but is there any reason why at least as to the employes of the House. stamps lost the Department should not give him the necessary relief The bill was read, as follows: under the law now in existence? Be it enacted, &c., That the Secretary of the Treasury be, and is hereby, author­ Mr. GEDDES. The law officer of the Department has decided oth­ ized and directed to pay, out of any money i.n the Treasury not otherwise ap­ propriated, the following specified sums to the persons herein named, for serv­ et·wise. ices rendered as laborers in the employ of the House of Representatives of the 1\fr. CANNON. On what ground? Forty-fifth Congress, nainely: · 1\fr. GEDDES. Well, he had his own judgment about it, and de­ To BE>.n.ufort Lee, the sum of Sl80. 'l'o Alexander Thomas, the ISUm of $2GO. clined very positively to act, and advised him to come here. To James HaU, the sum of $'260. Mr. CANNON. Then-the trouble about the matter is this, I fear: 'l'o Charles Carter, the snm of $260. that the special agent does not make a report which brings this case The CHAIRMAN. The gentleman from Illinois [Mr.HENDERSO~) within the general law. asks unanimotis consent that this bill be taken up at the present time Mr. GEDDES. Oh, I assure the gentleman from Illinois that there for consideration. Is there· objection? • . is no trouble of that kind about it.. The Depa.rtmentfoun~ the case in Mr. KING. In what Congress were these persons employes of the all respects meritorious, and it was only on the. purely technical grourid House? that they coui'l not give. this relief under the law that they declined Mr. HENDERSON, of Illinois. I . think in the Forty-fifth. This to give relief, and advised this method. bill is the unanimous· report, I believe, of the Committee on Claims. Mr. WARNER, of Missouri. On the ground that they could not Mr. BLAND. Reserving the right to object, I wish to'inquire how give relief where the amount cxceeded ·$2,000? 1\Ir: GEDDES. Yes. . - · it happens that these persons have not been paid heretofore. :Mr. HENDERSON, of illinois. I do not know how it has happene~ 1\Ir. CANNON. Well, but the stamps lost, I under.stahd, did not but this claim has been made from time to time as I know; and it is amount to $2,000. · now, I understand, reported unanimously from the Committee on :Mr. GEDDES. No. Claims. Mr. CANNON. Then there is certainly no reason why the Depart­ Mr. BLAND. Is it for services actually rendered? ment should not grant relief to the extent of the value of the stamps 1\Ir. HENDERSON, of Illinois. It is for services actually rendered. lost. The only object I have in asking these questions is that I fear, Tl;le CHAIRMAN. Is there objection to the present-consideration of from the circumstances of the case, that this postmaster is not entitled the bill? The Chair hears none. The Clerk will read the report. to relief on account of some carelessness on his own part. The report_(by Mr. DoUGHERTY) was read, as follows: Mr. GEDDES. Oh, not at all. I wish I had here the letter from the Post-Office Department on the subject; I would read it to the gen­ The Committee on Claims have had under consideration the petition of Beau­ fort Lee and others, and report the accompanying bill and 1·ecommend its pas­ tleman from Illinois, and he would see that the postmaster is ·wholly sage for the following reasons: and entirely faultless in the matter, as shown by an official investiga- · Said petitioners appear to have been laborers employed by the Forty-fifth tioa · Congress. and to have been paid only 1 per day for their services, while the usual rate of compensation was 2 per day. Yout committee think these men Mr. WARNER, of Missouri. If the gentleman will pardon me again, ought to recei\·e the usual compensation for such sen·ices, namely, S2 per day I will state, as a member of the Committee on Claims, that we have during the time indicated in the following statement: . never passed on any claim of this character until we have received a Forty-fifth Congress, recess between March 4 and December 4, 1877. ' letter from the Department showing ..that the loss occurred without Beaufort Lee ·worked IS:> days, at $2 .. ~ ...... $360 · neglect or fault on the part of the postmaster; and that was the case in Received, at l per day ...... ,...... 180 this instance. Mr. GEDDES. That is the case, and that was the decision of the Due ...... 180 Department, and they would willingly have given the necessary relief Alexander Thomas w~rked 260 days, at $3 ...... 520 if they could have done so under the law. Received, at l per· day ...... : ...... 260 Mr. CANNON. Then, 1\fr. Chairman, I understand it is agreed on Due ...... 260 all hands tha~ up to $2,000 there is authority in the Department under 4526 CONGRESSIONAL. RECORD-HOUSE. MAY 14,

tion. I think the increase of salary had its inception at the other end ~~·~twf~~~!~.~:.~:.~: . : :::::::::::::::::::::::::::~:::::::~:::: ::·:.: : :::::::::::::::::::: ~~ of the Capitol. It was made by the last Congress and had the approval Due ...... 250 of Presiden-t . The gentleman from Indiana [Mr. HoL IANl and the gentleman from ~~;}~~~tt er ~~r~;.~~.~~:.~:.~.~.!:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~ Pennsylvania [Mr. RA TDALL] whom my colleague so sharply criticised, and who, with him, were on the committee when this increase was made, Due ...... 260 happened to be out of their seam when be was making his criticism of' A discussion was had touching the employment of these men in the House of this item of appropriation; I therefore bad this paragraph read. Representatives at the time they were allowed the $1 per day, which is to be found on pages246, 247 of the CoNGRESSIONAL RECORD, second session Forty-fifth It may be my colleague, with-whom I seldom disagree because be i:: Congre·ss, under date of December 15,1877. always economical and nearly alwaysjusb, is again giving out a wrong impression. I tbooght it barely possible h might have been as far oft Mr. HENDERSON, of illinois. I move that this bill be laid a ide from the facts in what he has just said of the items of this bjU, their to be reported t:worably to the House. origin and the l'easons why they are here, as be was when he.was giving Mr. CANNON. Before that motion is put I wish to say a wonl. I O\lt or lea.ving the impression on the country that $2,500 was added to understand from the reading of· the report that this is a bill from the this salary under this administ.ration. [Laughter.] . Committee on Claims to double the pay of certain employes of the Mr. CANNON. In reply to tbe gentleman from Illinois, my col­ Forty-fifth Congress. I suspect from listening to the report that it is a league, I have to say I stand by the remarks I made and which be just bill; but I can not let it pass without calling attention to the fact, heard. If he wants the facts, as I understand them, touching the in­ which I have no doubt an examination of the discussions in that Con­ crease of the salaq of our minister to Constantinople I will say to him gress will show, that these people were cut down to the rate which they that the consular and diplomatic appropri.:1.tion bill passed tluough the actually received through the determination of the Democratic party, !louse last :l'llarch, if I recollect aright, for $7,500. By some means; I then controlling the House, to carry o:tt their loudly proclaimed policy know not what, but I certainly suspect what the means were, that of economy and reform. . sal;uy was taken ou~ f1·om among all the others and increased by an This is the Forty-ninth Congress; and, according to my recollection, amendment of the Senate to $10,000 a year. It came back to aDem­ since the Forty-fourth and the Forty-fifth Congresses, when thismagnHi­ ocratic House, and finally when the bill passed with thcsalary, 10,000, cent party under the leadership of the gentlemn.n from Peuusyhanb. for the minister at Constantinople, it received the vote of that side of [Mr. RANDALL] and the gentlema.n from Indiana [Mr. HOJ,MAN] was the House as well as of this side of the House, tmd it was so written making its magnificent record ofeconomyandreform, there has not been into the law. That was about three days befor.., President Cleveland a Congress when bills of this kind have not come in from the Commit­ was ioangurated. After his inauguration tlie present minister was ap­ tee on Claims to pay the employes of the Forty-fourth and Forty-fifth pointed to Constantinople at ~10,000 a year, where he bas· been from Congresses what should have been paid to them at th~t time. We Rc­ that time to now. • · pul>licans, in the minority at that time, told you that you were not sin­ Again, you come in and recommend in this Democratic House, when cere, that your pretense of economy and reform was a cheat, that bills you have fnll possession of the administration, of the Honse, and the of this kind would oome in for five.and ten years afterward, appealing President, th:1t same increase of $10,000, thus putting the stamp of for justice in behalf of these people w bose pay had been refused under your approval on it. [Applause.] And more than that, you added your then policy, and that, as the years rolled round, you would give SSOO increase for a steam-launch. l them this pay which had been denied them. · Mr. MORlUSON. .And you voted for it. \ Now, I do not make these remarks to antagonize this bill; but hav­ 1\Ir. CANNON. I saitl I would find no fault with the committee if ing sat in this Honse through the Forty-fourth and the Forty-fifth Con­ it were needed; and a Democratic Secreta.ryof State said it was needed, gresses and seen these tricks played year aftier year, having heard the and you said on that side of the House by your >Otes tha1; it was needed. statesmanlike professions of economy on the other side of the House I am always ready to make any proper increase for serrice to the Gov­ and seen you vote substantially as a unit under the lead of 'the gen­ ernment, and this to whoe>er may be President. Can our Democratic tlemen I have indicated, I can not now, in this Forty-ninth Congress, friends say a.s much? This is all I have to say. wheu years have passed and the prophecies we then made have come 1\!r. HISCOCK. Will the gentleman be good enough to tell us how true, let this bill become a L'\w without calling attention to the fact much the hill passed the other day carries more than the bill for the that our prophecies are now being verified and that the gentleman from current year? Pennsylvania, the gentleman from Indiana, and my colleagues from Mr. DAKNON. I think the increase for the coming year in the con­ illinois sit here and allow their injustice of eight and ten years ago to sular and diplomatic bill beyond ·that for the current year is in round be rectified after they have postured before the country as economists numbers $50,000. by ,,·ithbolding a just compensation for services render~d the Govern­ Mr. HISCOCK. Over the law of last year? · ment. 1\Ir. CANNON. Over the law for the present year. Mr. MORRISON. I do not know what the exact facts may be as to 1\ir. HISCOCK. Certainly. the items of expenditure about which my colleague [1t1r. CA..~~W:N] has Mr. CANNON. But I make no point about that. I am glad the just spoken. "He was always apparently in entire accord with the gen­ gentleman from New York called attention to the fact; and I repeat tleman from Pennsylvania [Mr. RANDALL] and the gentleman from that this particular bill now pendin~ is to double the salary of certain Indiana [Mr. HOLJ\IAN], with whom he bas ·served on the Committee employes of the Democratic House in the Forty-fifth Congress, .a. Con­ on Appropriations during many successive Congresses. gress my friends on that side will recollect. Mr. CANNON. I had not the' honor to be a member of that com- Mr. SPRINGER. I desire to say for the benefit of the committee and mittee at that time. · my colle:1.ooue from Illinois, that in the Forty-fifth Congress Mr. .BLAIR - Mr. MORRISON. I am now, or was amomentago, talking of what from New Hampshire, now a Senator in Congress from the same State, happened when you were on the committee h~lping to econ~mize. It submiited from the Committee on Accounts a resolution providing for is true that only two days ago my colleague did support an mcrease of the paym~nt of certain persons therein named speci£.c amounts, as stated appropriation-a very small one-on the consular and diplomatic ap­ in the resolution, for services they had rendered during the vacation of propriation bill; that is to say, he opposed it in a speech and voted for that session of Congress. Mr. BLAIR, in introducing the resolution it afterward. [Laughter.] from the Committee on Accounts, said, after an objection had been Mr. CANNON. I said I would vote for it, as the gentleman will made: see if be will do me the honor to read my remarks. I think the gentleman from Penn ylvania [1\Ir. White] will withdraw his Mr. MORRISON. I bad the pleasure of listening to him, and now objection when I say this resolution provides only for paying severnl common do the gentleman the honor to cause to be read a paragraph from his labors and a.tthacht:s around the Capitol who have doue this service and have remarks. not received what is due them. Mr. CANNON. It is good reading. These were colored men who had been in the employ of the House Mr. MORRISON. Yes; very good reading. Better than the facts. . for years preceding the time when the Democratic pal'tyobtained con­ The Clerk read as follows: trol. They were employes that the Democractic House bnd inherited from their prcdecesors; :md they were still hanging on as employes or Mr. CANNOY. And you Democrats say that it is an economicaladministra.tion. Yet I find a very clever gentleman appointed to Constantinople-you alltmder­ seekin(Y employment of the House. They had not been on the pay­ stand who ; be bas had long years of service on the floor of the House, nnd the roll, b~t had been performing service. first thing that is done when this administration comes into powe1· is to pay him Now, when that question was under debate in the Honse Ur. Gar­ a salary as minister at Constantinople of 510,000 a year, whereas under theRe­ publican adminisb:ation the minister at Constantinople onlyreeeivcd87,500 per field said: annum. I have no doubt that this resolution should pass, and the only reason I asked the question was that I mightknowwltetherthis was a case where the fo\·ce ha.d 1\fr. MORRISON. · Now, my colleague, in these remarks conveyed, heen increased by indirection, which is n. thing that we sho•tld gtmrd ngaimt. perhaps unintentionally, to the House and to the country the impres- 1f the c men ha"e performed services they should be paid. ion that since this administration came into·power and since Ur. Cox Mr. BLAIR snid: had gone to Constantinople we h&d increased his salary and were pay­ These men rendered service · not in accordance with any pecified law, but ing him $2,500 more than was paid under theformeradministration to the services we1·e made necessary by the necessities of the House of Represent­ atives. l'tfost of these services were rendered during the last vac..'l.tion. The the Republican representative at tbat court. But the gentleman must first two named in the resolution, Mr. Bell and lUr. Stewart, have been for many have known that that increase was made tmder the last administra- years pa.id under resolutions imilar to this: they h1n·e never been upo~ any 1886. CONGRESSIONAL RECORD-HOUSE .. 4527

roll. I presume both of them are known to the old members of the House. 1\fr. MILLIKEN. Has this side condemned the real economy of the They have hitherto been paid at the rate of S2 per day, and we have cut them down to $1.50 a day. The others named in the resolution are, with perhaps one Democratic party, or only its pretense to economy? exception, common laborers, and the services they ha.Ye rendered have been Mr. RANDALL. Real economy means reducing the expenses; and chiefly in repairs of the Capitol. that is what the Democratic party has done. Jnstead of paying them at the usual rate of$2 per day, we cut them down to $1 per day. We have reduced them to starvation prices, and it is my belief 1\ir. MILLIKEN. Does the gentleman think anybody condemns that every one of them is hungry at this ~:p.oment. real economy? Is not what we have condemned that talk of economy • which does not mean it? And it seems that they have got hungry ngain, for they are here ask­ Mr. BLAND. The side of the Honse of the gentleman from Maine ing for another appropriation. condemned the Democratic party of that time for attempting to destroy I think there is nothing in this resolution to which :my gentleman in this the GoTernment by•insufficient appropriations. That has been what House would have the slight.est objection if he knew the merits 'of the case. you have always complained of.- · . It seems that . the persons who participated in that debate in favor Mr. MILLIKEN. We ha'\"e contended that the Democratic party of the resolution were the present Senator from New Hampshire, Mr. bas endeavored to destroy the Government by other means than by BLAIR, and the late President of the United States, Mr. Ga!field. I withholding appropriations. . see no reference to any Democrat having taken p:1.rt in the debate ex­ M:r. RANDALL. Oh! I am not on that subject. What I want to cept 1\fr. Roberts, of .Maryland, then the chairman of the Committee say is this: The Republican party at that time in the Forty-fourth and I on Accounts, who favored the payment on the ground that the servi ). had been rendered. and charged the Democratic party with cheese-paring, and the like. Mr. Chairman, this bill was reported from the Committee on Claims Yet the people have approved of that policy. I am sorry to say the at a time when the chairman happened to be absent, and was not ad­ appropriations have not been as much reduced as I would have desired vised of the merits of the case when it was called 'Up out of its usual to have them reduced. But they have always been dealt with by the order by unanimous consent. But the point involved is simply this: Committee on Appropriations with intelligence ancl judgment, in my Whether we should increase now the compensation of these persons, opinion. And when this House had its celebrated conflict with the which compensation was allowed in the Forty-fifth Congress as ~matter Senate as to reductions the economy of this side of the House was made of grace, when that was fixed and accepted at the time as the· compen­ apparent. I have no doubt the House regrets to hear these constant sation, and .it, occurs to me it. would be a mist.alq} to increase-- allusions, and the constant necessity of these explanations in defense of Mr. KING. Let me ask the gentleman a question. those Congresses. · The gentleman from Illinois appears to be familiar with the facts of Mr. 1\IrLLIKEN. I do not think anybody in this country l)elong­ the case, and I will be glad to know from him w ~y this account bas been ing to either party-for politics do not change men's natures-de ire so long standing? It has been standing some eight years. to have extravagance in appropriations. Mr. EDEN. Who reported the bill? Mr. RANDALL. I do say this: fhat the Repul;>lican party en ma.qse Mr. SPRINGER. The gentleman from Florida (.l't!r. DOUGHERTY], resisted tho economies of that day. whom I do not now see in his seat, reported the hill to the House. 1\fr. MILLIKEN. I desire to say to tho gentleman if he will go b.ltk I was saying, when interrupted, that I think the action in the Forty­ and look over the financial policy of the Government under Repnbljcan fifth Congress ought to regulate.this compensation. administration for twenty-five ye..'\1'8 he will in his calm judgment ap­ :M:r. EDEN. I think so too. prove it. Mr. SPRINGER. That compensation was fixed then with all of the 1\fr. RANDALL. I repeat, a Republican Secret.'l.ry of the Trea.sury facts before the House, and was accepted by the employes in full satis- stated that the reductions of the Forty-fourth Congre...~ might have been faction for their services. · .made ten millions more. · . Mr. W ARNEH, of Missouri. If the gentleman from Illinois will 1\fr. MILLIKEN. If the Democratic party has done any lhing good, pardon m~ a moment, the Committee on Claims, I understand, had no­ I would be the last man to rob them of their laurels. doubt that the parties had rendered the services. They had been em­ Mr. RANDALL. I think all men have good in them. ployed as they thought by competent authority having power to employ Mr. SPRINGER. I desire to recall the attention of the committee· them, and the committee believed that the men, having rendered the to the pending b~ll. I regret that political questions have been injected services to the Government in that way, should not be kept out of the into this debate at the expense, perhaps, of these colored men who in pay upon a technicality, or upon party -principles, or upon, any q ues­ the Forty-fifth Congress, upon claims coming over from the Forty-sec­ tion of economy on either side of the House. ond, had been-thenadjudicatt:dasentitled to payment for some services ~fr. SPRINGER. These men were paid bytheresolutionihavein­ which they bad insisted on rendering to Congress. At that time the dicated, and the amount to which they were entitled was then fixed, HotlSe in deference to the wishes ofthe Republicans, among the:nGen­ } in some cases at $1.50 per day and in others at $1 per day. They were eral Garfield and Mr. BLAIR, now Senator,_took up the appeals of these I paid for the services then actually performed. This bill proposes to pay poor colored men who had rendered services at the Capitol-in deference the difference between what was then adjudged.to be a fair value for to the wishes of that side of the House we allowed them to be 11aid the service, that is to say, $1.50 in one case aud $1 in the other, and for services rendered irregularly and witboutwarrantoflaw. .And be­ $2, which they now th4tk they ought to have. cause we did that at a price satisfactory to them, and because they now I am opposed to the bill for that reason. want to be paid a higher price, my colleague [Mr. CANNON] insists we Mr. McMILLIN. This, as I understand it, then, is to go back and are now setting aside the economies we practiced in the Forty-fourth readjust the amounts which were paid and accepted as the compensa­ and Forty-fifth Congresses. That argument does not apply in this case. tion? We granted it then at the instance of Republicans, who thought we Mr. SPRINGER. Yes, sir. should pay these persons whom they had had in employment and who Mr. McMILLIN. And is to allow more than was allowed by the still remained about the buiiding rendering some services. They were, Congress having all the facts before it? ·therefore, put on the roll at $1 and $1.50 per day, and they accepted Mr. SPRINGER. That is the effect. that amount as satisfactory, and with that the account closed. But 1\Ir. RANDALL. I do not remember the particulars of this claim, they came forward again and ask now to pe paid a higher rate. but I do know that all of these men-I think all of them-were colored :Mr. CANNON. I want to say just one word in reply to the gentle­ men, and not in harn.lony politically with the present majority of this man from Illinois. He says these were Republican employes. Docs House. Dut I leave that subject altogether. not my friend remember that the Democratic majority. ran up to !think I was not present w ben the gentleman from illinois assailed the Dem­ over sixty, or between fifty and sixty, in that Congress? You organ­ ocratic econonty of former Congresses, and I want to say that that ques­ ized all the committees. Yon controlled the Committee on Accounts. tion, more than anything else, in my judgment, gave the Forty-fourth That committee Ulk'l.nimously made the report referred to by the gen­ Congress to the Democrats. The Republican party had become extrav-· tleman from Illinois. These people were employed about the business agant, and the people came to think that a new party would better of the House and received this .pay which you say now is inadequate; clean out t4e excrescences, and they did clean them out. The appro­ and now in the Forty-ninth Congress the Democratic Honse, through priations of the first year were enormously reduced, that is to say, at my friend from Illinois [Ur. SPRINGER], the chairman of the Com­ the first session of. the Forty-fourth Congress. There was preceding mittee on Claims, comes in with this report and proposes to do the that a system of making provision for the payment of deficiencies which tardy justice to these people of p:1.ying them what they ought to have should never be allowed. been paid eight years ago. Their own Secretary of the Treasury himself stated that the reductions 1\Ir. SPRINGER. The gentleman misunderstands the fact. I said by that Congress C6uld have been ten millions more. That was st.ated in this was reported when the chairmau.of the committee was absent and the report of the Secretary of the Treasury laid before Congress at the tha~ I thought this bill ought not to pass. 'l'he parties had received Tery next session. what was considered a proper rate for their services, and ought to be I have heard often about the policy of the Democratic party being for satisfied with it. economy, and have heard it condemned by that side of the House. I ·Mr. CANNON. Now, when the attention of tho House is called to am not surprised at it. . It is only once that they have been able to carry the facts-not for the J.?nrpose of defeating this bill, because I have no a Congress since, because of their tendency to extravagance. desire to defeat it after the report of the committee, from which it ap­ Mr. MILLIKEN. Will the gentleman allow me a question? pears that the compensation these men received as employes of a former Mr. RANDALL. Yes, sir. Democratic Honse was really insufficient-when the atte!ltion of this

I f 4528 CONGRESSIONAL REOORD-J;IOUSE. MAY 14,

Democratic Honse is c..'\lled to the facts, and when my colleague, the cents as compared with amoriuts in most bills passing this Honse, but, chairman of the Colllillittee on Claims, is brought face to face with the sir, there are questions of policy and precedent involved that I am not facts in the case, he gets up and, with that extraordinary power of his, willing to permit to pass without challenge. greater than that which belongs to any other man upon this floor, he Sir, is it wise or statesmanlike for this House to sit here and fritter proceeds like a cuttle-fish to muddy the water and then to swim away. away its time in endeavoring to go back and hunt out and give addi­ • · [La11ghter.] · tional compensa,tion to some person who has served the Government in ~· SPRINGER. The were .muddied by my colleague from some capacity at some· time since its foundation, who, in the e:>tima,.. Illinois, and I was trying to clear them. [La.ughter.] · tion of some philanthropic and liberal-minded man (I mean liberal­ Mr. HENDERSON, of Illinois. Mr. Chairman, I regret exceedingly minded with Government money), di_d_not get all he thinks lre ought the course which the debate on this bill has taken, and I will say to to have had, t}lough it was dou"Qtle.c38 much more than the employes of the committee- that I would not have asked its indulgence if I had sup­ priyate interests similarly employed at the time got and what the party posed that the time would have been occupied as it has been. ·n ap­ was anxious at the time to accept? In the language of the .gentleman pears that these men received a dollar a day. The Committee on Claims from l\Iaine [Mr. REED], is this what you call attending to the public reporte4 t~at they were entitled to $2 a day. I knew nothing myself busine...c;s? · as to the t:'lcts, but the committee had made its report, and I took tho 1\lr. Chairman, if there is any one disposition that has developed itself precaution to ask my colleague, the chairman of the committee [Mr. oYer· and above all othe:r traits of the American citizen it is a willing­ SPRINGER], before I stated that the report of the committee was unan­ ileS.S to serve the Go\--ernment. [Laughter.] Sir, this willingness on imous, whether such was not the fact, and I unde1·stood him to say the part of the people to accept Government employment at the com­ that it was, or that he supposed it was. pensation alre..1.dy fixed is so unanimous and universal as to l1ave ban­ Mr. SPRINGER. There w~ no adverse report.. ished all fears that republican institutions would ever fail here for the Mr. HENDERSON, of Illinois. It was upon that information th:1t I want of men to bold the offices. [Laughter.] Sir, laborers are strik­ made the statement I did make. I believed myself that the amount ing all O\cr the country, but I hear of no threatened strike on the part· allowed these men was inadequate, and inasmuch as the Committee on of the employes of the Government. [Laughter.] And yet one would Claims had reported in f:'\vor of the· passage of this bill, I, in behalf of think they were about to strike, for scarcely a day passes but that some · the persons concerned, asked unanimous consent to take the bill up out proposition. is made on this floor to better their condition at the expense of its order, and I hope now that nothing that has b~n said hero for of t;he toiling masses oi the country, by giving them more pay amlless political effect either on the one side or the other will really affect the work, shorter time to work in and longer furloughs or leaves of absence merits of the bill and that it will now be permitted. to pass. . with pay going on; and reference is often made to them as the poorly · :Ur. BLAND. ltir. Chairman, there are some of us here who were paid and overworked Government employes. members ofthe ~orty-fom:th Congress, and when I hear the gentleman Mr. Chairman, if I have been impressed with one thing more than . from Illinois [Mr. CAN~ ON] and other gentlemen upon that side taunt­ another since I came to Washington it has been the vast difference in ing the Democratic party upon the subject of economy, I am reminaed condition between the vast· mass of the people whom we came here to of the scenes in that Congress which I happened to witness. The gen­ reptesent and their rulers and en-ants in the public service about tleman from Pennsyhania [Mr. RANDALL] was chairman of the Com­ WashingtOn, so far as the salaries they receive and spend and the com­ mittee on Appropriations, and when that House-the first Democratic forts and luxuries with which theyare surrounded are concerned. Sir, House that had assembled here since the war-undertook to institute in the midst of all this splendor and show and extravagance do notlet some economy in the appropriations for the support of this Government, us forget those who have to foot the bills and who sent us here to l'ep­ and when, in a long contest with the Republican Senate, extending far rcscnt them. into. the dog days of August, that House did reduce the appropriations When their crops fail or prices fail or disasters overtake them, as to the tune of '30, 000,000, the Republicans, standiiig b~ their leaders they have thousands of honest and hardworking men and women in my on the other side of the House, declared that the Democratic party country, until they can scarcely provide food and clothing for them­ were undertaking to starve the Government to death, to destroy it in sehes and their families, there is no one to readj nst their claims and that way, and went on the hustings throughout the country denounc· double their compensation or give them back pay. ing the Democratic party for its economy and its effo~ to ''starve" Sir, there is not one of us on this floor who could notfromamongour out the Government. own constituents fill all the vacancies that will occur within tho next Tell me they did not complain of economy! When the Forty-fifth tw0 years ip the Government service with people who would be glad Congress met, a Democratic Congress also, it continued these reduc­ to take the places without an increase of salary. ' tions, or at lea.st there was no increase in the appropriations, and so in Mr. REED, of Maine. If we r.ould get the chance. the Forty-sixth Congress, until at last the Republicans themselves Mr. ALLEN, of Mississippi. Now, sir, gentlemen may say what began to see that after all the Government was not being starved and they please ab.out the action of ]last Congresses, but for myself I am that it was able to get along with these reduced appropriations. And more interested in correcting the abuses of the pre~ ent than I am about \ yet, sir, we are expected to sit silent here under the taunts which are fixing responsibility for thepast. If the Forth-fifth Congre.c38 was eco­ now fltll\g at the Democratic party about "economy" and the reduc­ nomical let us imitate its example, and not attempt to squander"in tion ofexpenses. Whenever such taunts are indulged in I think it is profligate extravagance what they saved by their economy. I s..'l.y to well enough to go back a few years, and remind gentlemen upon the other gentlemen on this floor I do not care to what political party you belong; side of their speeches and their conduct upon this subject at that time. those of you who are willing to do what you can_to show to the people Mr. ALLEN, of Mississippi. Mr. Chairman, I was not here in the that the Forty-ninth Congress is anxious to give the country an eco­ Forty-fourth nor the Forty-fifth Congre.c38, the economical spirit ofwhich nomical administration! and to eradicate extravagance in all of its has been thesubjectofthecriticismofthegentleman from Illinois [Mr. forms, will ha\e my cordial co-operation in all such endeavors. Then CANNON], but, sir, I am hera now and am· still fully imbued with the leave these parties where the Congress they served left them, and do spirit of economy [laughter], and before this vote is taken I want the not set a precedent by which a thousand like bills will be invited from committee to understand the proposition on which we are about to vote, persons who come to realize years after the sm·vices are performed that and I desire to give my reasons for the vote I will cast. The record they worked for "the Government too cheap. Sir, I desire, in the _name read by the gentleman from Illinois [Mr. SPRIKGER] discloses this sort of an overtaxed constituency, to enter my protest against any and all , of a case. such legislation. [Applause.] During the vacation of the Forty-fifth Congress the proposed bene­ The CHAIRMAN. The question is on the motion of the gentleman ficiaries of this bill whose names were not borne on the rolls of the House from Illinois [Mr. HENDERSON} that the bill be laid aside to be re­ and for whose employmenttherewasnoauthority of lawillsisted, doubt­ ported to the House with the recommendation that it do pass. less out of a spirit of pure patriotism or from force.of long habi~ [laugh­ The question being taken, there were--ayes 68, noes 59. ter] on serving the Government here. They seem, some of them at Mr. COWLES. No quo'rnm. least, to have been serving about the House for years, and, strange to 1\!r. 'VARNER, of Missouri. The report in this case was made by say, like most other Government employes, were reluctant to quit. _n. gentleman on the other side, a Representative from Florida (1\fr. They seem to have performed some vague sort of service, just what we DouGHERTY], wh

\ 1 1886. CONGRESSIONAL RECORD-HOUSE. 4529-

JOHN ELLIS. tion numbered 20, township numbered '1:1 south, of range numbered 16 east of the sixth principal meridian, in the S~tc of Kansas, notwithstanding his previous Mr. HOLMAN. Before my friend from Illinois [Mr. SPRINGER] filing on a different tract of land. makes the motion that the committee rise I wish to ask a special favor The amendment reported by the Committee on the Public Lands to of the committee. strike out the word ''of," in li~e 5, after the word "pu,rchase," a~d Mr. SPRINGER. I withdraw my motion for the present. . insert the word "at," was read. Mr. HOLMAN. I ask unanimous consent to have taken up at this Mr. PERKINS. The Committee on Public Lands have unanhoously time a very small bill for the benefit of a colored employe of the House, reported in favor of this bill, and I have the report here; but I · can the case being of the same class as that just acted on, ex<;:ept that in briefly state that the reason that this man can not pre·e~pt the land this instance no payment at all was made. I am satisfied there has upon which be has his home to-day is that formerly_he fi-led upon 80 been continuous injustice in not making this payment. I therefore ask acres ofland, afterwhich he was taken sick and was prostrated anum­ unanimous consent for the present consideration, of the bill. ber of weeks. During the time of his sickness and prostration others Mr. SPRINGER. Let the bill be read subject to objection. came in and ~ed upon those 80 acres, and instituted a contest against Mr. HOL~IAN. I am satisfied there will be no objection. him. Not having the money to prosecute that contest he abandoned The CHAIRMAN. The bill will be read, after which the Chair will it, and located upon the tract which be now occupies; but in conse­ ask for objection. quence of his former filing the Land Office holds that he is now pre­ The Clerk read as fol1ows: cluded from the benefits of the pre-emption act. This bill simply gives A bill (H. R.3908) for the relief of John Ellis. him the right to pre-empt without regard to.his former filing. Be itenacud, &c., That the Secretary of the Treasury be, and he is hereby, au­ Several MEMBERS. '.'All :right." - thorized and directed to pay John Ellis the sum of $'.ll0, in full for services ren- . dered as messenger to the Forty-fifth Congress ft·om October 15, 1877, to Feb­ There being no objection, the Committee of the Whole proceeded tQ ruary 1, 1878.- consider the bill. Mr. HOLMA.....~. The report in this case is very brief, and.l ask that The ame~dment reported by the Committee on the Public Lands it be read.· was agreed to; and the bill as amended was laid aside to be repor~ to The report (by Mr. NEAL) was 1·ead, as follows: the Honse with the recommendation that it pass. The Committee on Claimshto whom was referred the bill (H. R. 3908) for the . Ur. SPRINGER. I move the committee rise. relief of John Ellis, submft t e following report: The motion was agreed to. . Bills seeking the same object as the present bill were favorably reported by 'fhecommittee ac<:,'Ordingly rose; and the Speaker having resumed the the Committee on Claims of the Forty-seventh and Forty-eighth CoJ:}gresses. The Committee on Claims in the Forty-seventh Congress made the following chair, Mr. HATCH reported that the COmmittee of the Whole House report, which we adopt, and recommend the passage of the present bHl: bad, according to order, had under consideration the Private Calenda-r "That John Ellis, by the appointment of the Doorkeeper, acted as messenger mid bud directed him to report back sundry bills with various recom­ to the House and its committees, in the Forty-fifth Congress, for the period .of three months and a half, from October 15, 1877, to-the 1st day of Fl}bruary, 1878, mendations. for which he has received no pay, because, for some reason unknown t() your CHANGE OF R.A.NK ON RETIRED-LIST. committee, his name was not put upon the prop~r rolls. Your committee, therefore, report a bill herewith·, and. recommend its passage." The SPEAKER. The first bill reported from the Committee of the Whole House on the Private Calendar is a bill (H. R. 37) to change the TheCH.A.IRMAN. Is there objection to the present considerntion o{ rank of an officer on the retired-list of the Army. . this bill? Mr. SPRINGER. ·That is the bill upon which a yea-and-nay vote Mr. COX. I do not understand why the name of this man was not has been demanded. The gentleman from Wisconsin, Mr. BRAGG, and borne on the roll if he was actually in the employ of the House. the gentleman from Alabama, Mr. WHEELER, both now absentt de­ Mr. HOLMAN. I will say to my friend from North Carolina that manded a yea-and-nay vete. The Committee of the Whole reported for many years Mr. Ellis has been claiming that this money was due adversely on the bill. There is some dispute about it. him. I brought the subject to the attention of the Forty-s~venth Con­ The SPEAKER. The yeas and nays have been demanded, but not gress, and a report was made in his favor by the Committee on Claims ordered. · and again in the Forty-eighth Congress. How it happened that he was Mr. SPRINGER. Let the bill be reported. employed without his name being on the roll I am not able to say; but The SPEAKER. The Clerk will read the bill. it occurred in regard to these other four men just as it ·did in regard to The bill was read, as follows: him. The only trouble was that this claim was not adjusted at the Be it ena.cUd, cf:c., That the President of the United States be, and be hereby is, same time the other four claims were adjusted. authorized to select, from among the colonels now on the retired-list of the The CH.AIRM.AN. Is there objection to the present consideration of Army of the United States, one person who has served in the late civil war as chief of artillery of one of the principal armies of the United States, and to place the bill? · him on said retired-list with the rank and pay of major-general from the date of I :Mr. KING rose. his retirement: Pro'Vided, That the ofllcer so selected has been borne on tbe The CH.AIR.M:AN. Does the gentleman.from Louisiana object? active-list of the Army for more than forty years as a commissioned officer of artillery: And prcwidedfurther, That be held at the date of his retirement the Mr. KING. Before unanimous consent is given I would like to ask brevet rank of major-general, conferred by the President, by and with the ad­ the gentleman from Indiana w by thic; measure has not been brought here vice and consent of the Senate, for distinguished services in said war. . before. Several Congresses have elapsed since the time when these I'> Mr. SPRINGER. I lDad~astatementwhichmaybe misunderstood services are claimed to have been rendefed. . by the Honse. The bill was reported favorably by the Committee on Mr. HOLMAN. The claim has been brought in time and again. This Military Affairs and put on the Private Calendar. When the bill was is the third report made in its favor. . up to be considered by the Committee of the Whole tellers were or­ The CHAIRMAN. If there be no objection the bill will be taken dered. A quorum failed to vote. The gentleman having charge of the up for consideration. The Chair hears no objection. The question is bill submitted to an adverse· report for the purpose of getting it into on ordering the bill to be laid aside to be reported to the House with a the House, the tellers having Ieported a majority voting· against the recommendation that it pass. bill .. Mr. CANNON. I hope this bill will pass. It is proper and fitting Mr. PRICE. I want .the yeas and nays on the bill. that it should. The gentleman from Indiana. [Mr. HOLMAN] ap­ The SPEAKER. Not on the third reading anf:I engrossment of the proves and blesses it. It is for services rendered in the Forty-fifth Con­ bill? greSs, a Democratic Congress, memorable in the annals of this country. 1\Ir. PRICE. No; out on the passage. It is peculiarly appropriate that my friend from Indiana should now The bill was ordered to be engrossed and read a third time; and be­ come in to do this tardy justice to .a man who served that Congress for· ing engrossed, it was accordingly read the third time. nothing under their scant appropriations, because this very cutting off The yeas and nays were ordered on the passage of the bill. of the aP.propriation for this employe and a few others furnished the The question was taken; and there were-yeas 76, nays 111, not \ gentleman from Indiana. the campaign ihunder which re-elected him to voting 135; as follows: ' ) Congress. [Laughter.] Y E AS-76. The CHAIRMAN. The que.Stion is, Shall the bill be laid aside to Allen, C. ll. Dorsey, Hopkins, Rockwell, be :reported to the House with a recommendation that it do pass ? Atkinson, Dowdney, Howard, Sawyer, Bayne, Eldredge, Hutton, Seney, The question was decided in the affirmative. Bingham, Ely, Johnson, :I!'. A. ·Seymour, · JOHN E. WHITE. . Blanchartl, Ermentrout, Ketcham, Shaw, Bound, Farquhar, K.ing, Spooner, ­ Mr. PERKINS. Thegentlemanfxom Illinois [Mr. .SPRINGER] agrees Bragg, Forney, Laird, Stahlnecke1· , to withhold for a moment the motion that the ('.Ommittee rise. I ask Breckinridge,WCP.Frederick, Libbey, Strait, unanimous consent that the Committee of the Whole take up for pres­ Brown, C . .E. Funston, Lindsley, Swinburne, Campbell, Felix Gay, ~Iartin, Swope, ent consideration the bill (H. R. 5175) extending the provisions and CampbelJ, J. E. Green, R. S. Maybury, Symes, benefits of the pre-emption laws to John E. White. Campbell, T. J. Guenther, Merriman, Tillman, The bill was read, as follows: Catchings, Hale, Millard, Trigg, Cobb, H~yde~, Milliken, Van Eaton, Be it enacted, &e., That the provisions and benefits of the pte-emption law be Oomstock, Hemphill, Morrill, 'Vade, extended and granted .to John E. White, of Wilson County, Kansas, so as to Cut.cheon, Henderson, D. B. 1\Iorrow, Weaver,J.Jt . permit him to pre-empt and purcllase of the proper land office, and upon the Dargan, Hewitt., Perry, Whiting, conditions applicable to other lands in the same community, the north half of Davenport, Hiscock, Pettibone, Wilkins, the northeast quarter and the southwest quarter of the northeast quarter of sec- Dibble, Bitt, Rice, Wolfore\. XVII-284 ) ( '-'"' 4530 CONGRESSIONAL RECORD-HOUSE. MAY 14,

NAY8-111. Mr. JONES, of Texas, with ;1\Ir. !{ELLEY. Adams, G. E. Dawson, Lanham, Rogers, Mr. McADoo with Mr. LOUTTIT. . Allen, J.l\{. • Dockery, McKenna, Romeis, The vote was then announced as above recorded. Ballentine, Dtmham, McMillin, Rowell, Barnes, Dunn, :r.rcRae, Sadler, Mr. PRICE moved to reconsider the vote by which the bill-was re­ Barry, Eden, :!\filler, Sayers, jected; and also moved that the motion to reconsider be laid on the' Beach, Everhart, Moffatt, Scranton, table. Bland, Fleeger, Morgan, Sessions, Blount, Fuller, · :Morrison, Skinner, The latter motion was agreed to. Brady, Geddes, Murphy, Smalls, Breckinridge, C. R. Glass, Neal, Sowden, LEAVE TO PRINT. Brown, W. \V, Green, W. J. Neece, Springer, Buck, . Grout, Nelson, Stephenson, By unanimous consent leave was granted to Mr. BuTTERWORTll, Bunnell, Hall, O'Donnell, Stone, W.J., Ky. 1\Ir. BAYNE, and Mr. ALLEN, of Mississippi, to extend their remarks, Burrows, Halsell, O'Ferrall, Stone, W.J., Mo. made to·day, in the RECORD. Bynum, Harri8, O'Neill, Charles Struble, Clabell, Hatch, Osborne, Taulbee, EUNICE E. CLARK. Caldwell, Haynes, Owen, Taylor, Zach. Candler, Heard, Payson, '.rurner, Mr. NEECE. Mr. Speaker, I desire to submit a. privileged report Cannon, Hepburn, Peel, VanSchaick, from the committee of conference on House bill No. 6429, granting a Cllements, Hiestand, Perkins, Wadsw<1rth, Conger, Holman, Peters, Wait, pension to Eunice E. Clark. Cooper, Jackson, Pindar, Wellborn, The SPEAKER. The report will be read. "· Cowles, James, Price, West, Cox, Johnston,J.T. Reag!U1, White, 1tlilo The Clerk read as follows : Crisp, JohnSton, T. D. Reed,T.B. Willis, The committee of conference on the disagreeing votes of the two Houses on Croxton, Laffoon, Reid,J.W. Wilson, · ti~e amendp1ent of the Senate to the bill (H. R. 6429} granting a pension to Eu­ Davidson; A. 0. La Follette, Richardson, Wise. ruce E. Clark, having met, after full and free conference haYe agreed to recom­ Davis, Landes, Riggs, mend and do recommend to their respective Houses as follows: That tl:J.e Senate agree to amend the Senate amendment by striking out the NOT VOTING-135. word "twenty" and inserting "twelve;" so that the Senate amendment will read: "At the rate of $12 per month, subject to the limitations and provisions of Adams, J. J. Evans, Little, Scott, the pension laws." · Aiken, Felton, Long, Singleton, . And that t-he House recede from its disagl'eement, and agt·ee to the Scmate Anderson, C. l\1. . Findlay, Lore, Snyder, amendment as amended. Anderson, J. A. FiBber, Louttit, Spriggs, W1\I. II. NEECE, Arnot, Foran, Lovering, Steele, JOHN . PINDAR, Ba)::e1·, Ford, Lowry, Stewart, Charles E. H. CONGER, Barbour, Gallinger, Lyman, Stewart, J. W. .ManctgeJ•s on thepa,·t of Ute House. Barksdale, Gibson, C. H. Mahoney, St. MartinJ. Belmont, Gibson, Eustace Markham, Stone, E . .I:'·. S. 1\L CULLO I. Bel).nett, Gilfillan, Matson, Storm, H.W.BLAIR, . Bliss, Glover, McAdoo, Tarsney, A. H. COLQUI'l'T, Boutelle, Goff, McComas, Taylor, E. B. lllanagers on the part of Ute Senate. Boyle, Grosvenor, McCreary, Taylor, I. H. The committee submit the following statement to accompany there- Browne, T. 1\I. Hammond, McKinley, Taylor, J. l\1. Brumm, Hanback, Mills, Thomas, J. R. port: · Buchanan, Harmer, Mitchell, Thomas,O.B. The effect of this report, if adopted, is to reduce the Senate amendment from Burleigh, Henderson, J. S. Muller, ~hompson, $20 per month to $12. The husband of this claimant was a private soldier, and Burnes, Henderson, T.J. Negley, Throckmorton 1 this report puts her on the pension-roll at the same rate as oldiers' widows of Butterworth, Henley, Norwood, Townshend, the same rank. Campbell, J. 1\I. Herbert, Oates, Tucker, WM. H. NEECE, Carleton, Hermar:, O'Hara, Viele, JOHNS. PlNDAR, Caswell, Hill, O'Neill, J. J. \Vakefield, E. H. CONGER, Clardy, Hires, Outhwaite, W urd,J.H. Mcmagers on the part of the House. Cole, Holmes, Parker, \Vard,T.B. Collins, Houk, Payne, \Varner, A. J. The report of the committee of conference was adopted. Compton, Budd, Phelps, Warner, William Mr. NEECE moved to reconsider the vote by whlch the report was Crain, Irion, Pidcock, Weaver, A.J. agreed to; and also moved that the motion to reconsider be laid on the Culberson, Jones,J.H. Pirce, Weber, Curtin, Jones, J. T. Plumb, Wheeler, table. · Daniel, Kelley, Randall, White, A. C. The latter motion was agreed to. Davidson, R. H. 1\I. Kleiner, Ranney, Winans, Dingley, Lawler, Reese, Woodburn, l\111\.IINNVILLE AND l\IAl\CHESTER RAILROAD COllPA~""Y. Dougherty, LeFevre, Robertson, Worthington. Ellsberry, Lehlbach, Ryan, The SPEAKER. The Clerk will report the next bill reported from \ So the bill was rejected. the Committee of the Whole House on the Private Calendar. During the roll-call, on motion of Mr. JA.nms, the reading of the The Clerk read as follows: names was dispensed with. A bill (H.R.5194) directing the Quartermaster-General t-o settle with the 1\lc- The following pairs were announced frol;ll the Clerk's desk until fur- 1\finnville and 1\Ianchester H.a.Uroad Company', and for othe1· purpose . < ther notice: 1\Ir. SPRINGER. There is •a yea-and-nay vote to be taken on that .Mr. HENLEY with Mr. RYAN. bill in the.House, and as there are several other bills upon the Calen­ 1\Ir. HILL with Mr. BAKER. dar, upon the passage of which there will be, I think, no objection, and M.r. WINANS with Mr. GROSVEKOR. whlch can not be disposed of totday if a yea-and-nay vote is ordered on Mr. MULLER with Mr. Homr. this bill, I ask unanimous consent that the consideration of this bill Mr. HEMPHILL with Mr. IKE H. TAYLOR. he passed over for the present. Mr. ARNOT with Mr. LONG. 1\Ir. COWLES. I object. Mr. LOWRY with Mr. McCollAS. 1\lr. SPRINGER. I will mention. in particular that there is a. bill Mr. PEEL with 1\Ir. HENDERSON, of lllinois. for the relief of JohnS. Kendrick, whlch is to be recommitted to the M.r. NORWOOD with Mr. GILFILLAN. Committee on War Claims-- 1\ir. TOWNSHEND with 1\fr. GALLINGER. The SPEAKER. But the gentleman from North Carolina has ob­ Mr. CURTIN with 1\fr. NEGLEY. _jected to the postponing the unfinished·business. 1\I.r. 0UTHWAITE with Mr. PARKER. The question is upon ordering the bill to be engro ed and read a 1\Ir. PIDcocK with Mr. McKINLEY. third time. Mr. CRAIN with Mr. STEWART, of Vermont. Mr. RICHARDSON. Mr. Speaker, I do not intend to enter into a. Mr. BURNES with Mr. BUCHANAN. discussion of the merits of this bill. It has been already discussed in Mr. FISHER with Mr. LYMAN. Committee of the Whole on two separate occasions, and I do not desire Mr. GIBSON, ofWest .Virginia, with Mr. PIRCE. now, as I have intimated, to extend that debate. I want to say sim­ Mr. CoLE with 1\Ir. THO:MAS, of Illinois. ply that by the Judiciary Committee of the Forty-eighth Congress this Mr. CARLETON with Mr. HOLMES. bill was unanimously reported. 1\Ir. JONES, of Alabama, with 1\Ir. BURLEIGH. By the Committee on War Claims of the present House it has been Mr. TARNSEY with 1\Ir. CASWELL. again favorably reported. When it was first considered and discussed For this day: in Committee of the Whole, and the question being taken upon laying Mr. H.A.Ml\IO~TD with Mr. HARMER. it aside the committee found itself without a. quorum. The vote upon Mr. DAVIDSON, of Florida, with 1\Ir. BUTTERWORTH, th~ bill at that time, as I now recollect it, was 70 in favor of the pas­ Mr. MURPHY with Mr. PAYNE. sage of the bill and 55 against it. 1\Ir. ROBERTSON with Mr. STEELE. When it was again ec.'llled up-­ Mr. OATES with 1\ir. DINGLEY. Mr. EDEN. Is debate in order? Mr. . JOHN ,M. TAYLOR with Mr. HIRES. The SPEAKER. It is. The previous question has not been or­ Mr.-LA FEVRE with Mr. ANDERSON, of Kansas. dered upon the bilL The gentleman from Tennessee is entitled to an Mr. HENDERSON, ofNorthCarolina, with Mr. HANBACK. hour. Mr. O'NEILL, of Mi&ouri, with Mr. WAKEFIELD. Mr. RICHARDSON. When it was again called up and the vote was 1886. CONGRESSIONAL REOORD-HOUSE. 4531

taken after debate, I think, as I now remember, the vote was about 75 Mr. HENDERSON, of Iowa. When take possession of was the to 65. railroad being used by the confederate army? I haYe said that I did not care to discuss the question upon its merits Mr. REED, of Maine. No, sir; the confederate anny had not been any furt.her. I want to yield, however, a few minutes to the gentle­ there for a long time. That is a point which is not disputed. man from Maine [Mr. REED], who I understand desires to submit some I do not know that I need add anything further, but I thou ghti should remarks in the House u-pon t!te bill. I do not know that I am correct, say this much because, having taken a decided stand on these claims, but if I am I shall yield to the gentleman from Maine. I deemed it proper to state this in order to justify my judgment. The SPEA.KER: How much time? Mr. RICHARDSON. I hold in my hand the original contract referred Mr. RICHARDSON. Five minutes, or so much time as the gentle­ to by the gentleman from Maine. man may desixe-longer if he wishes. Mr: JOHNSTON, of Indiana. Will the gentleman from Tennessee Mr. REED, of Maine. I have always felt some interest in the claims [Mr. RICHARDSON] yield a portion of the time to this side? arising from the war, because I believe that while justice ought to be Mr. RICHARDSON. I do not want to debate the question. I hold d~ne in all proper cases, there would be very grave danger in under­ in my hand the original contract entered into between the Nashville taking to pay what might properly be called the losses of the war. I and Chattanooga., and the Mc"?tlinnvilleand Manchester Railroad Com­ believe that those losses which arose in the prosecution of the war di­ p&lies. The gentleman from Maine has stated it correctly. It trans­ / rectly ought t<> rest where they fell and that we ought not to disturb fers all the rights of the Manchester road to the Nashville and Chatta­ J them in any manner. nooga road. Since this matter was first brought up for debate in the committee it I move the previous question. occurred to me, on hearing a part of the discussion that then took place, Mr HOLMAN. I hope the gentleman from Tennessee will not that this was one of those cases which ought to be resisted. I there­ make a speech, then yield to the gentleman from ~Iaine for a speech on fore examined the feport, and became satisfied that if the report was the same side, and then move the previous question so as to cut off de­ true I was mistaken in that regard; but the gentleman from Indiana bate. [Mr. JOHNSTON], in some of his remarks upon the floor, induced me to Mr. RICHARDSON. · I have not debated the question. think that I ought to investigate the record in order that I might at :hfr. HOLMAN. Yes, sir; you have debated the question, and now least be .consistent in the principles which I have always supported. I you call for the previous question. found upon an examination of the record that itwas right and just for The SPEAKER. The gentleman from Tennessee moves the previous me to say, on investigation of the documents, ihat in my judgment this question on ordering the bill.to be engrossed and read the third time. is not one of the cases which were tbe direct results of damage ensuing Mr. HOLMAN. Let it be voted down. from the prosecution of the war. Wherever the armies of the United The House divided; and there were-ayes 73, noes 62. States tore np a railroad or took possession of it in the enemy's coun­ Mr. BYNU:hi. No quornm.. try, whatever loss happened is like a loss occurring from a cyclone, not Mr. RICHARDSON. If it will obviate any trouble I will concede to be investigated, not paid for by the government of either belligerent five minutes to the gentleman from Indiana. [Cries of "Regular which was successful; but in 1864 I find, while war was not prevalent order!"]

) in the country where this railroad was situated, the United States, un­ - The SPEAKER. A quorum not having voted, the Chair appoints ~ ) der a statute made for that purpose, took possession of this road, and tellers the gentleman from. Indiana, ],fr, BYNUl\r, and the gentleman the United States, havingtak.en possessionofit, tookawaytheiron and from Tennessee, 1tfr. RICHARDSON. . sold it to another corporation and received pay for it. - Mr. REED, of Maine. The only difficulty about _discussion arises The Quartermaster's Department investigated that subject by a com­ from the fact that 5 o'clock is so near. If it iS considered desirable missioner, and that commissioner reported the price which this House that gentlemen on the other side should talk upon this question we is to-day ask~ to pay. Now, the only reason why this is not a strictly can by unanimous consent extend the sitting a quarter of an hour. I legal determination is because the act of 1862, under which the rail­ think there is no desire to cut off debate. [Cries of "Regular order P'] road must have been taken, if it was taken by law, requires that the The House again divided; and the tellers r~ported-ayes 97, noes 20. appointment CJf a commissioner to assess damages shall be made by the Mr. ANDERSON, of Kansas. No quorum. President. It was made by the Quartermaster's Department and the Mr. RICHARDSON. I call for the yeas and nays. documents show it, and show also the figures at which this iron was Mr. BRECKINRIDGE, of Kentucky. Is a motion to take a recess estimated. The next question is how did the railroad company, which until half-past seven in order? to-day asks that this shall be allowed on their account-how did they The SPEAKER. It is. get possession of the road? The answer is to be found in a contract Mr. BRECKINRIDGE, of Kentucky. I make t.hat motion. 'vhich the gentl~man from Tennessee [Mr. RICHABDSON] has just Mr. RICHARDSON. Is it in order to ta.ke a recess before 5 o'clock? / shown me-the original document-which contains a full and complete The SPEA.KER. The rule of the H~tuse requires an adjournment at transfer of the right of the railroad whose -iron the Unit&! States have 5 o'clock, but the House has always the power to take a recess or to taken. ~ That completes the circuit. That shows the damage, the adjourn. amount of damage, the legality of its payment, and the party to whom Mr. BRECKINRIDG~. of Kentucky. ·I withdraw the motion fo~ a it ought to be paid. For my part I can see nothing wanting to make recess. it a proper and suitable claim against the Government. Mr. SPRINGER. I renew it. ],fr, BRECKINRIDGE, of Arkansas. M:ay I ask the gentleman a The motion for a recess was agreed to; and accordingly (at 4 o'clock question? and 58 minutes p. m.) the House took a recess until halfpa.st 7 p. m. ~1r. REED, of Maine. Yes, sir. Mr. BRECKINRIDGE, of Arkansas, How does the estimate ofthe EVE~'lNG SESSION. commissioner compare with the amount claimed ? Mr. REED, of Maine. It compares exactly. It is the same amount The recess having expired, the House at half past 7 p. m. resumed with tl$ exception, that the commissioner estimated for damaged its session. bridges, and such matters, which the committee and this bill do not ~fr. MATSON. J\fr. Speaker, I move that the House resolve itself propose to pay. into Committee of the Whole for the purpose of considering bills under Mr. BRECKINRIDGE, of Arkansas. Those are expressly stricken the special order for Friday evening sessions. out? The motion was agreed t.o. Mr. REED, of ~Iaine. They are expressly stricken out. The bill The House accordingly xesolved itself into Committee of the Whole, is confined solely to railroad iron taken by the Government of the J\fr. HATCH in the chair. United States and sold by it, the proceeds of which the United States The CHA.IRMAN. The House is now in Committee of the Whole for has received. the purpose of considering bills on the Private Calendar under the special ) · M:r. HENDERSON, of Iowa. Will the gentleman permit me a ques- order. tion? · M:r. MATSON. Mr. Chairman, I ask unanimous consent that mem­ Mr. REED, of Maine. Yes, sir. bers present may be allowed to call up such bills as they desire. I Mr. HENDERSON, of Iowa. You have examined this act of 1862. think it is only just to those who attend these Friday evening sessions 'Vill you explain something with regard to its provisions? I under­ that they should have that preference, and in my judgment after the stand it was an act not for war purposes, but for getting possession of bills so called up are disposed of we ought to stop. railroads. There was no objection, and it was so ordered. Mr . REED, of !lainc. It was for getting posse8Sion of railroads not MRS. 1\IAB.IA W .ALKER. in the enemy's territory. . · Mr. MILLS. Mr. Chairman, I desire to call up Hou e bill No. 6311, Mr. HENDERSON, of Iowa. What was the object of the act? granting arrears of pension to Mrs. Maria Walker. Mr. REED, of Maine. To enable the authorities of the United The bill was read, as follows: States to take railroads near the scene of conflict. Of course army op­ Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ erations extended away back to the base, and it was necessary to have thorized anp_ directed to pay to Maria. 'Valker, widow of John H. "Valker, a sol­ the power of taking railroads along the border. Am I right in that dier of the Revolutionary war, arrears of pension from the 4.th of l'.larch, 1860, sto.tement? the date at which she was. dropped from the pension-roll; and that the said Maria. Walket· be, and is hereby, 1·estored to her rights a.s a. pensioner of the Mr. PETTIBONE. That is exactly correct. Re>olutionary war. 4532 CONGRESSIONAL RECORD-HOUSE. MAY 14,

The Committee on Pt!llsions recommend an amendment striking ont mittee in arguing the question, but will content myself byvotin~ against all of the bill after the word "sixty," in line 7, and inserting the words the bill. . . 11 to March 9, 1878, at the rate of $8 per month.'' Tho CHAIRMAN. If there be no objection this bill will be laid Mr: MILLS. I move the adoption of the amendment. aside to be reported to the House "\vith the recommendation that it do Mr. MATSON. Mr. Chairman. I wonld like to hear the report in p~~. . - that case. There was no objection, and it was so ordered. The report (by Mr. WoLFORD) was read, as follows: CLA.RK DOON. The Committee on Pensions·, to whom was referred the bill (H. R. G311) grant. ing arrears of pension to 1\Irs. ~!aria \Valkcr, submit the following report: Mr. CONGER..- Mr. Chairman, I ask unanimous consent to call up Mrs. 1\Iaria. \Valker is the widow of John H. Walker, who wasaprh·atesoldier ·House bill 7931, increasing the pension of Clark Boon. in Captain Henry's company, Colonel AJexander's regiment, Georgia militia, in the war for .American independence. Mrs. Walker became his wife on March The bill w~ read; as follows: 14,1815. Her hu band died in 1836, and she has never remarried. Under the act Be it enacted, &e., That the Secretary of the Interior be, n.nd be is hereby, au­ of February 3,1~.1 which provided for the pensioning of the widows of Revolu­ thorized and directed t.o increase the pension of Clark Boon, late a member of tionary soldiers who were married after the yearl800,she was placed on the pen­ ~o~ib."Y H, Thirty-third Regiment of Iowa Volunteers, to the sum of $24 per s.Wn-roll from the date of that act, and continued to draw a pension up to March 4;1.860, at which tii.Wl she was dropped from: the rolls. She was restored to tb& rolls unde.r the act of 1\Iarch 9, 1878, at the rate of $8 per month. -• The Committee on Invalid Pensions recommended an amendment Mrs. \Valker lias made se\~ral applications to the Pension Office to be al­ striking out in the last line of the bill the words ''twenty-four dollars lowed payment of her pension for the time during which she was suspended per month" and. inserting 11 "twelve dollars per month, to take effect from the rolls, but is and has been unable to comply with the requirement of that office as to proof of loyalty to the United States during the period of the trom and after the passage of this a.ct. late civil wm-,as, being a native and always a resident of the South, she natur­ The amendment was agreed to. . ally sympathized with her people, to whom. only, at her then udvanced age, There being no objection, the bill as amended was laid aside to be re­ could she look for counstl and relief. 1\Irs. Walker is now over ninety years of nge, is in straitened circumstances, ported to tD:e House with the recommendation that it do pass. and largely dependent upon relatives and friends far a home and support, her only income being the fa per month she now receives since she was restored to :M.A.l}Y· HOWARD F .ARQUHAR. the rolls. Mrs. Walker is one of the very few, perhaps the only widow of a soldier of the 1\Ir. MAYBURY. Mr. Chairman, I ask unanimous consent to take Revolutionary war now living; and in view of the fA.ct.sit would seem eminently' np House bill1201 for the relief of Mary Howard Farquhar. proper for the .AmeriCA.n Congress to pay to this old lady the small sum which 'J'he bill was read, as follows: the bill will allow, and thereby place her for the remainder of her days, which must be >ery short at. best, beyond the reach of want. Be it elUlcted. &c., That the Secretary of the Interior be, and he is hereby, au­ Your committee therefore recommend that the bill do pass, with the following thorized and directed to place on the pension-roll the name of Mary Howard amendment: Strike out all after the word" sixty," in hoe 7 of the bill, and in­ Farquhar, widow of the late Maj. and Bvt. Lieut. Col. Francis V. Farquhar, Corps sert the words "to 1\Iarch 9, 1878, at the rate of~ per month." of Engineers. United States Army, and daughter of the late Maj. Gen . .A.lpheus S. Williams, United States volunteers, at the rate of f5<)per month, in lieu of the pension which she now receives. The CH.A.IRI\IAN. The question is on agreeing to the amendment proposed by the committee. The Committee on Invalid Pensions recommended an ·amendment., . The amendment was agreed to. stri~ing out, in line 9 of the bill, the word " fifty " and inserting the The CHAIRMAN. If there be no objection this bill, as amended, word "forty." . will be laid aside to be reported to the Honse with the recommendation The amendment was agreed to. that it do pass. . The CHAIRMAN. If there be no objection this bill will be laid Mr. PRICE. Ur. Chairman, I know of no instance where we have aside to be reported to the House with the recammendation that it do voted arrears to these pensioners, and I know of many cases where the pass. . · parties were really suffering and where a'rrears should have been granted Mr. PRICE. There is objection,· Mr. Chairman. if we are to depart from the role at all I do not know w by we should Mr. MAYBURY. I move that the bill be laid aside to be reported make an exception in this instance. : to the House with the recommendation that it do pass. Mr. MILLS. I did not·hear distinctly the remark ofthe gentleman Tho motion was agreed to. from 'Visconsi n. · L YDI.A. IIADLOCK. :Mr. PRICE. I say that this is in direct conflict with the rule that has guided us here in dealing with these cases. · Mr. STEELE. Mr. Chairman, I desire to call up House bill1142, Mr. !lULLS. This lady had been receiving a pension for a number granting a pension to Lydia. Hadlock. · of years. The bill was read, as follows: Mr. PRICE. I know it, and I would give her a. pension·again. Be it enacted, &e., That the Secretary of the Intel'ior be, and he is hereby, au ~ thorized and directed to place on the pension-roll, subject to the provisions and Ur. UILLS. She has had her pension restored since 1878. This is limitations of tp.e act of Con gress approved March 9, 1878 (20 Statutes at Large, simply to give it to her from 1869 to 1878, the period during which it page 27), the name of Lydia Hadlock, of Lexington, 1\Iass., widow of Colburn was suspended. Hadlock, who served three months in the war of 1812. ~ · !Ir. PRICE. I know; bnt why should that "he done in thiS case, when There being no objection, the bill was laid. aside to be reported to the there are so many other cases where we refuse to do it? House with the recommendation that it do pass. Mr. UILLS. So many other Revolutionary pensioners, the widows GERIAH COLLINS. of Revolutionary soldiers? . . Mr. PRICE. No; bnt so many widows of soldiers who serred you Mr. DOCKERY. I call up the bill (S. 891) granting· a pension to and me and the country. Geriah Collins. Mr. MILLS. • Do yon know of any other case just like this? The bill was read, as follows:· . Mr. PRICE. Oh, no. I presume there are no two cases on the pen- Be i t enaeted &c, That the Secretary of ilie Interior be, and be is hereby, au­ thorized and directed to place on the pension-roll, subject t:o tne provisions and sion rolls entirely alike. limitations of the pension laws, the name of Geriah Collins, formerly of Com- · Mr. OSBORNE. ·This lady was entitled to the pension all th.ese years. pany D, Thirty-third Regiment Indiana. Volunteers. . · Mr. PRICE. The constituted authorities decided otherwise. There being rio objection, the bill was laid aside to be reported to the !Ir. MILLS. She was simply dropped from the rol.l. She was living House with the recommendation that it do pass. in the South, within the fire-circle at that time, and, I suppose, wit-hout knowing anything about her, or knowing whether she was loyal or dis­ DtiKCAS FORBEl • loyal, they simply dropped her from the roll; and then in 1878, I pre­ Mr. ROWELL. I call up the bill (H. R. 8336) granting an increase sume, upon proper proofs they restored her, and she has been drawing of pension to Duncan Forbes. her pension again ever since that time. The bill was read, as follows: Mr. DOCKERY. Do I understand that this case was dropped from Be it enacted, &c., That the Secretary of the Interior be, and be is hereby, au­ the roll in 1860? thorized and directed to allow Duncan Forbes, late a. private in Company F, Mr. 1t1ILLS. Yes; in 1860. Sixteenth United States Infantry, a pension on account of wound of right breast, Ur. DOCKERY. There were many cases of that kind. in addition to that now received by him for wound of right ankle. Mr. BURROWS.· 1\Ir. Chairman, let me inquire whether this 1·eport There being no objection, the bill was laid asfde to be reported to is the unanimous report of the committee. the House with the recommendation that it do pass. ~Ir. MORRILL. The bill comes from the Committee on Pensions. REBECCA ROBERTS . .A13 to the Committee on Invalid Pensions, I -will say that in cases simi­ lar to this that have come before that committee where parties were Mr. RIGGS. I call up the bill (H. R. 8111) granting a pension to improperly dropped from the roll we have recommended restoring them Rebecca Roberts. and placing them back as ..they were before they we.re dropped. I re­ The bill was read, as follows: member one case last winter where a man got $2,800 arrears. If this Be i t enacted, cf:c., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll the name of Rebecca. Roberts, lady was entitled to be restored to the pension-rollatallsheisentitled widow of Clru·k Roberts, who was lately surgeon of the One hundred and firs~ to receive a pension for all the time that she was dropped from the roll, Regiment Illinois Volunteers, at the ra.te provided by the pension laws for and the Pension Office by restoring her admit that they did wrong in widows ofsm·geons in volunteer regiments. . dropping her. I think she ought to receive tlie arrears. There being no objection, the bill was laid aside to be reported to the Mr. PRICE. Mr. Chairman, I will not take up the time of the com- House with the recommendation that it do pass. 1886. CONGRESSIONAL RECORD-HOUSE. 45:13.

ISAAC FOSSETT. an agreement, with the consent of their parents, and at the earnest request of the late .Archbishop Purcell, who was Chaplain Corcoran's ecclesiastical supe­ Mr. PETERS. I call up the bill (H. R. 5261) granting a pension to rior. By the terms of this agreement the sister was to take entire charge of all Isaac Fossett. the domestic affairs of the brother during their mutual lives, and to abandon all other vocations and pursuits, to live o. life of celibacy, and devote herself The bill was read, as follows: wholly and solely to the service of her brother as his hou.<>ekeeper. In return Be it enacted, .tc., That the Secretary of the Interior be directed to place the he was to ma.inhiin her, and, if she survived him, to leave her such property as name of Isaac Fossett, late a private in Company K, First Minnesota Cavalry. he might own at his death. · on the pension-roll, and pay hi-m a. pension, subject to the provisions and limita­ This agreement was carried out to the letter. The sister refnsed many ad­ ons of the pension laws, from the date of the passage of this act. vantageous offers of marriage, and other offers to change her condition, and nursed and cared for her brother during his long illness as devotedly as any There being no objection, the bill was laid aside robe reported to the wife could have done, and at serious iujury to her health, as well as great ex­ House with the recommendation that it do pass. · pense to herself. He made her hls sole legatee by will, but left no property. It was all consumed, and mostly, too, by his long illness. Since his del\th she • . MARTHA M'ILW.AIN• l1as remained single. and has had no means of support except her own labor. Mr. ERl\IENTROUT. · I call up the bill (H. R. 7162) granting a She is now in advanced years and feeble health. This brave soldier gave his life to his native country, and performed services pension to Martha Mcll wain. as necessary in the eyes of those who received them as were the services of the The bill was read, as follows: greatest heroes. and commanders of -that unhappy war; and ·· his services con­ · Beitenacted, &c., Tha.Uhe Secretaryofthelnteriorbe, and he is hereby, author­ tributed as much to that perfect discipline, undaunted courage, and consequent ized and directed to place on the pension-roU, subject to the provisions and lim­ victory as any other element of succt'83, the fruits of which are bei.ng now en­ itations of the pension laws. the name of Martha Mcllwain, widow of RobertJ. joyed by a united people. Were the applicant for a nation's gratitude and Mcilwain, late a sergeant of Company K, Eighth Regiment Pennsylvania Re- bounty the wife of such a man, no one would question her right to demand what serves. · she now asks as a favor owing to the peculiar circumstances surrounding the matter. It is unique in its facts, and it is doubtful if a.nother such case can be There being no objection, the bill was laid aside ro be reported ro the found in the whole United States. · House with the recom.m.en~ation that it do pass. We therefore recommend the passage of the bi~l. SUSAN SMITH. Mr. PRICE's amendment was read, as follows: Strike out "twenty," and insert "subject .to the provisions and limitations of Mr. BURROWS. ~call upthebill(H. R. 4552)forthereliefofSusan Smith. the pension laws." The bill was read, as follows: Mr. MATSON. That would make the bill inoperative. There is no Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ law providing a pension for a dependent sister of a soldier 9ver si~teen · thorized and directed to ulace on the pension-roll, subject to the provisions and years of age, and this one is O'\'er that age. To amend the bill so as to limitations of t-he pension laws, the name of Susan Smith. widow of--, late provide Jor a pension subject to the provisions and- limitations of the first lieutenant of Company I, Oue hundred and eighty-fourth R-egiment -- Infantry. · pension laws would be in effect to make it inoperative; To make it The amendment reported by the committee was read, as follows: operative a rate must be fixed. · After the word '' of,'' in line 6, iusert ''Michael Smith,'' and after This man·was a chaplain; and tbe bill as reported puts this depend­ • the word "regiment," in line 7, insert the word " Pennsylvania." ent sister upon the pension-roll at the same rate as the widow.of a chap­ lain, which is $20 a month. If the bill is to be passed the rate ought The amendment was a~reed to. There being no objection, the bill as amended was laid aside·to be ro remain as it·is. . .M:r. PRICE. I had no ide..1. of destroying the bill. reported to the Hous~ with the recommendation that it do pass. · Mr. MORlULL. The rate provided in the bill is the same as that JOHN E. DOGGETT. allowed the widow of a. chaplain. M:r. MATSON. I call up the bill (H. R. 8372) granting a pension Mr. PRICE . . I have learned something, and as I had no intention to John E. Doggett. . · of destroying the bill I will .withdraw my amendment. The bill was read, as follows: · The bill wus laid a.s.ide to be reported to the House· with the recom­ Be enacted, &:c., ThRt the Secreta'ry of the Interior be, and he is hereby, au­ mendation that it do pass. thorized and directed to place on the pension-roll the name of John E. Doggett, ll. r.. DUKE. eon of George R . Doggett, late a prh·aoo in Company J.,, Eighth Indiana Cav­ alry, subject to the provisions and limitations of the pension laws. Ur. PRICE. I call up for consideration the bill (8. 1098) granting a The amendment reported by .the committee was read, as follows:­ pension to H. R. Duke. The bill was read, as follows: .A.fter the word" caYalry," in line 6, insert ''.~s ~dependent child of said sol- d:er, and pay him a pension of SL2 a month." . Be it enacted, &c., That the Secretary of the Interior he, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and The amendment was agreed to. limitations of the pension laws, the nR.me of II. R. Duke, late a. member of Com­ There being no objection, the bill as amended was laid aside to be re­ pany K, Seventh Regiment of Iowa Volunteer Infantry. ported' tQ the House with the recommendation that it do pass. The bill was laid aside ro be reported to the House with the recom-. .ANNA A. PROBERT. mendation that it do pass . 1\Ir. MORRILL. I caU up the bill (II. R. 7703) granting a· pension K. G. DILUNGS. to Anna A. Probert. l\Ir. HEMPHILL. I call up for consideration the bill (H. R. 2242) 'l'he bill was read, as fol1ows: restorin~ to the pension-roll the name of K. G. Billing.3. Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, au­ The bill was read, as follows: thorized and directed to place on the pension-roll the name of Anna A. Probert, Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ widow of George 0. Probert, late a first lieutenant in the Third Ohio Cavalry, thorized and direct.ed to restore to the pensiou-roll, subject to the provbions and to pay her a pension subject to the provisions and limitations of the pension and limitations of the pension laws, the name of K. G. Billings, of Lancaster laws. County. South Carolina, formerly a soldier in the 1\Iexican war, the pension to There being no obje~tion, the bill was laid aside to be reported to the begiu at a.nd run from the date of the last payment to the said K. G. Billings. Rouse with the recommendation that it ~o pass. The amendment of the committee strike3 out the following words: ELLEN CORCOR.A.N. The pension to begin at and run from the date of the lastpaym.eut"to the said K.. G. Billings. · Mr. ELLSBERRY. I call up the bill (H. R. 1815) granting a pen- sion ro Ellen Corcoran. . ·l\Ir. HEMPHILL. Mr. Chairman, I trust the amendment will not The bill was read, as follows: ·be adopted, as it deprives this old gentleman of the back pension he is Be it enacted, &c., That the Secretary of the Interior is hereby authorized and entltled to ior the time he was dropped from the pension-roll. If the directed to place the name of Ellen Corcoran, sister of Eugene Corcoran, late amendment be adopted he will be restored to the pension-roll from chaplain of the Fiftieth Regiment Ohio Volunteer Infantry, on the pension-roll at the rate of 120 per month. . this date only, while if the amendment be r~jected his pension will date back to the time when he was dropped. Unless some good reason .I :Mr. PRICE. I move to n.mend this bill by striking out the· clause is shown why he should be deprived of his qaek pension I trust the which fixes the rate of pension. amendment will not be adopted. • . Mr. ELLSBERRY. I ask that the report be read. .Mr. DOCKERY. In these cases I believe it is the uniform ·practice The report (by Mr. ELLSBERRY) was read, as follows: to apply such a restriction. The Committee on Invalid Pensions, to whom was referred House bill 1815 Mr. M:ATclON. If this man bas been wrongfully dropped from the having bad the same under consideration, submit the following relJort: • Eugene P. Corcoran was chaplain of the Sixty-first Ohio Infantry Regiment pension-roll he ought to be restored as others have been. I do not un­ and served faithfully from December 4,1861, to January 25, 1863 . . "When he en­ derstand it is the practice to restore them from and after the passage of tered said service he was sound, healthy, and vigorous. In the winter ofl862-'63 the act, but on the contrary that where a man is restored to the pen­ he was captured; and subjected to exposure and severe weather without proper clothing or food, and thereby contracted disease of throat and lungs, which re­ .sion-roll be is restored without limitation. sulted in his death after a continuous illness of three years. He returned from, The proposition to restore to the pension-roll proceeds unon the idea the .Army a physical wreck, and never afterwar.d grew better. . the man has been wrongfully dropped, and justice is to be done ro him. He was ordained a priel'-t of the Catholic Church about March or April, 1856, at the city of Cincinnati, Ohio. It is not the granting of a pension de novo, but doing justice where By the well-known discipline of that. church be was not, of course, permitted wrong bas been committed. I do not understand this bill, therefore, to marry, and by the equally well-known care exercised by the ecclesiastical au­ without the amendment contravene-s the well-established practice of thorities of that church to prevent scandals and immoral conduct among its the House. clergy, it became necessary to provide for him a housekeeper whose relations to him would be such as to preclude any and all fears on thab head. The appli­ 1\!r. BYNUM. What was the cause of his being dropped from the .' cant, Ellen Corcoran, was his sister. In 1856 this brother and sh!ter entered into pension-roll? ·

/ ( ,4534 CONGRESSIONAL RECORD-HOUSE. MAY 14,

Mr. MATSON. That is what I wonld like to know; and I thm:efore The bill as n.mended was laid aside to be re]_::orted to the House with call for the reading of the report. the recommendation that it do pass. The report (by Mr. LANDES) was read, as follows: l\I.ARY F. BLAKE. The Committee on Pensions, to whom was referred the petition of Kennedy G. Billings, asking to be restored to the pension-rolls, and for back pension, sub- Ml.·. PINDA..R. I ask to call up House bill No. 15207 granting an in­ mit the following report : . · . crease ofpensi.on to Mary F. Blake. The committee, after examination, find that at the outbreak of the war With The bill was read, as follows: 1\Iexico Kennedy G. Billings enlisted as a. lieutenant in Captain Canty's com­ it au­ pany of the regiment of South Carolina. Volunteers, and served with distincti~n Be enacted, &:c., That the Secretary of the Interior be, and he is hereby, during the entire war, and, as is shown by the affidavit of T. J. Mackey, filed m thorized and directed to increase the pension of Mary F. Blake, widow of the this case, he fought with gxea.t bravery, doing honor to himseJf and his country, late Commodore Homer Crane Blake, United States Navy, from S30 to fiOO per and at the time when his company became reduced, by casual~ies in battle, from month, said increase to take effect from and after the passage of this act. one hundred and fifteen to but nine or ten men fit for duty, he -voluntarily en­ • tered the ranks with a mnsket and fought at the battles of C'hapultepec and at Mr. BYNUM. . I should like to have the report read in that case. the Garita. de Belen in the capacity of a private soldier. The report (by Mr. PINDAR) was read, as follows: That on the lOth day of January, 1854, a pension was granted said Billings, The claimant is the widow of IIomer C. Blake, lat~ commodore in the United for services rend~red his countzy in said w3:1:. at the rate of $17 per month, pay­ States Navy, who died from disease contracted in the service, in the year 1880, able semi-annually on the 4th of March and tne4th of September, at the Charles­ n.fter an active and efficient service to his country for for~ years. His widow ton agency. That the pension so granted him was paid regularly up to the 4th is in <'ircumst:mces requiring aid and without means of adequate support. She day of September1 1860, when, without assigning any reason, the agent declined is now receiving pension as such widow of $30 per month, and asks t.o have it to pay him anything more, and be has received no payment on account of said increased to $50 per month, and that she be allowed nn amount P.qual to that re­ pension since said last-mentioned date. .ceived by widows of other officers of the railk of commodore. The facts upon Your committee are of the opinion that &'tid Billings should be restored to the which she bases her clai.\ll. are fully set forth in her petition and affidavits hereto pension-rolls at the rate of $17 per month, and to that end report the accom­ attached and made part of this report, and n.re suflicient, in the opinion of your panying bill, with recommendation that it do pass, amended, however, by committee, to entitle claimant to the increase asked, and we recommend that striking out all after the words" Mexican war," in the seventh line. the bill do pass. Mr. BY~UM. I should like to hea.r some explanation from the gen­ Petition and affidavits arc as follows: tleman who made the report why this man was dropped from th~ pen­ Mr. BYNUM. I do not ask to have the petition accompanying the sion-roll? 1·eport read, bnt I wish to ask the chairman of the Committee on In­ 1tlr. HE1IPHILL. I wa,s informed by the gentleman who made the valid Pensions if it .has been usual to grant to the widows of officers of report he bad sent· to the Pension Office for the papers connected with this grade such increased pensions. the ca.Se, and I presum~ if any reason had been given why this old gen­ . Mr. MATSON. I will say to my colleague that it has been the prac­ tleman was dropped it would have been reported to the Honse. But tice, although I think it is a bad one, bnt nevertheless it has been the so far as the committee is concerned they seemed to have obtn.ined no practice for many years. I have.never favored this legislation, but it reason why he was dropped. . has been steadily carried on for ten years past, granting this increase Mr. STEELE. Do you know this man yourself? of pem.ion to the widows of general officers both of the Army and Mr. HEMPHILL. I do. Navy. Mr. STEELE. Was he Joyal dur.lng t)le war? The question was taken on laying the bill aside; and on a division" Mr. HEMPillLL. I think not. . there were--ayes 27, noes 8. _ Mr. ROWELL. If he was in the confederate army he certainly So (no further count being demanded) the bill was laid aside to be should not be paid during that time. reported t6 the House with the recommendation that it do pass. Mr. HEMPHILL. The whole matter is in the 1·eport, and it is for the House to decide upon·the amendment submitted. . . MTIS. EJ... IZABETH COLLINS. The amendment was adopted. Mr. WHITE, of 11linnesota. I desire to call up Hause bill No. 772e, The CHAIRMAN. The question is on laying the bill aside to be re­ granting n. pension to :M:rs. Elizabeth -collins. ported to the House with the recommendation that it pass as amended. The bill was read, as follows: Mr. JOHNSTON, of Indiana. It seems to me there ought to be Be it enacted, cl;c., That the Secretary of the Interior be, and he is hereby, au­ some reason given why this man was dropped from the pension-roll. thorized and directed to pla.oe on the pension"Toll the name of Mrs. Elizabeth Collins, widow of 'Villiam H. Collins, late of Company H, Sixth Reginlent of The CHAIRMAN. The amendment striking out that part of the Minnesota Volunteer Tnf:mtry, subject to the provisions and limitations of the bill has been agreed to, so that it now restores him to the pension-roll pension laws. from and after the passage of the act. · The bill was laid aside to. be reported to the llonse with the recom- Ur. JOHNSTON, of Indiana. That is all right, but it is not suffi- mendation that it do pass. · cient. · JOHN W. DELP. \ Mr. PETTIBONE. The report does not show why he was .dropped \ from the pension-roll, and surely we can not cast reflection upon the Mr. NEECE. I cn.ll up the bill (H. R. 44.60) to pension John w~ Delp. Pension Office which examined this case as it has all others, and it has The bill is as follows: not been shown so far that the Pension Office was mistaken. Until Be itcnacled,&c., '£ha.t the Secretary of the Interior be, and )leis hereby, au­ thorized and directed to place on the pension-roll the name of John W. Delp, that is shown we certainly should not give this man back· pension. late of Company F, First Kansas Volunteers, subject to the provisions and limi­ The bill, I believe, should be recommitted, or at least it should not tations of the pension laws. pass until we know why he was dropped. I move its recommittal to The bill was lad aside to be reported to the Jiouse with the recom­ the Committee on Pensions for further consideration. mendation that it do pass. Mr. MATSON. I rise to a question of order. This matter has been THO::\IAS A. ROWLEY. disposed of in the <:ommittee; and the motion of the gentleman is not proper in committee. It can only be made in the House. :Mr . .BAYNE. :Mr. Chairman, I cull up House bill 6250 to increase Mr. PETTIBONE. This bill has not been disposed of. The motion the pension of Thomas A. Rowley. I am awa.re .can not be made in committee: The bill was read, as follows: The CHAIRMAN. The Chair will state that the House was dividing Be it enacted, &c., That from and after the passage of this act Thomas A. Row­ ley, late a brigadier-general of volunteers, shall be entitled to receive an increase upon the question of laying the bill aside at the time the gentleman of pension of$10 per month in addition to the allowance heretofore paid to him, addressed the Chair. The Chair had already taken the affirmative vote the same to be subject to the provisions and limitations of the pension laws: on the bill as amended 7 and at that stage the gentleman from Tennessee Mr. WATSON. I would like to have the report read in thi case. addressed the Chair. _ The report (by Mr. SwoPE) is as f~?llows: Mr. BAYNE. The.proper time to make the motion is when the bill Thomas A. Rowley was colonel of the One hundl"ed and second Regiment comes up in the House. Pennsylvania. Volunteers; promoted to be brigadier-general. He is now in re­ The CHAIRMAN. The Chair will state that it is within the prov­ ceipt of$15 per month for injuries_receivedat the battle of Fair Oaks, Va., which ince of any member to make the motion in the House when the bill is disabilities are described as follows by the ex:a.mining surgeons: "There is a cicatrix one inch to the left of crest of occipital bone over inferior reached. · curved line. The cicatrix is tender, with considerable thickening of periosteum. The Chair will.again submit the motion on laying the bill aside. He complains of pain radiating from cicatrix over left, side of head. He states The bill was laid aside to be reported to the.House with the recom­ that seven pieces of bone have been remoyed and disch:nged from site of wound. He also states that since receipt of injury h~ . has had frequent attacks of hemi­ mendation that it do pass. crania. 'Ve think the present rating too low-disability one-half." CYRUS DUBBS. General Rowley's disabilities have very considerably increased since the above examination. He is now seventy-seven years of age, is pa.rtially-para- Mr. BOUND. I ask consent to call up the bill (H. R. 7407) grant­ lyzed, and in indigent circumstances. . , ing a. pension to Cyrns Dubbs. Your committee, considering the serions nature of the wound received in-the The bill was read, as follows: battle, his helpless condition at present time, which is clearly shown, together Be it ·enacted, &:c., That the Secretary of the Interior be, and he is hereby, with his extreme age and poverty, recommend the passage of the bill. authorized, empowered, and directed to place on the pension-roll, subject t"<> if the provisions and limitations of the pension laws, the name of Cyrus Dubbs, Mr. JOHNSTON, of Indiana. Mr. Chairman, I will ask this ap­ the poor blind brother of Hiram N. Dubbs, late of Company F, Fourth Penn- plicant has not his remedy before the Department for an increase of pen­ sylvania CaValry. _ · sion? Aild I ask this because I understang. it has been the rule of this The committee recommend the adoption of the following amend­ Committee on Invalid Pensions to report no bills here as long as there ment: is a remedy in the Department. I have had some such rulings made Strike out line 5, "subject to the provisions and limitations of the pension against me, and want it to be carried out if it is to be the principle on laws," and insert "at the rate of$12 per month." which these bills are reported. The amendment was agreed to. · Mr. BAYNE. Mr. Chairman, I do notsnpposethis man can be rated

\ \ 1886. CONGRESSIONAL REOORD-HOUSE. -4535

higher than $15, which amount he is getting now by the Department; thorized and directed to place on the pension-1•oll, subject to the J?rovisions and limitationsofthepensionla.w, the name of Mary A. VanEtte~Widowof James and, I presume, the rating is correct, according to the nature of the F. Va.nEtten,lateofCompany A.,ThirteenthRegimentofNew l:orkVolunteers. wound. But the committee undoubtedly favored the increase because of certain circumstances surrounding the case. This nu:m was a. worthy The bill was laid aside io be reported to the_House witp. a favorable and dist~ouished officer in the Mexican war, and he also served with recommendation. gallentry and distinctio:a in the late war. He is ap. old man, seventy­ MRS. ANNIE C. OWEN. six years of age and upward, and in reduced circumstances. He has Mr. GREEN, of New Jersey. leaH upfor consideration the bill (S. been quite unfortunate in business matters, and for these reasons I pre­ 1850) granting a pension to 1\Irs. Annie C. Owen. sume the increase was·made. The bill was read, as follows: There is one portion of the bill which I think ought to be stricken Be it enacted, &c., That the Secretary of the Interior be, and is hereby au­ from it, and that is the provision which makes it subject to the limit­ thorized to place on the pension-roll, and.subject to the limitations of the law, ations and restrictjons of the pension laws. I therefore mo>e to strike the name of Annie C. Owen, widow of Capt. Mortimer B. Owen, late of Com­ I out in the sixth and seventh lines the words: pany G, Fif\y-seventh Regiment Pennsylvania Volnnteers. } The same to be subject to the provisions and limitations of the pension laws. The bill was laid aside to be reported to the House with the recom- mendation that it do pass. _ ' I do this because I think the increase from $15, which he is now .re­ LYDIA S. JOHNSON. ceiving, to $25 per month with that incumbrance upon it would prob­ ably make some difficulty iri interpreting the bill. Mr. SAWYER. I call up for consideration the bill (H. R. 8078) for 1\Ir. 1\'IATE.ON. Mr. Chairman, I do not like to quibble about an in­ the relief of Lydia S. Johnson. creaseof $10 to a man who had been severely wounded, but the position The bill was read, as follows: the Committee on Invalid Pensions have uniformly taken on such ques­ Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, di· rected to place on the pension-roll the name of Lydia. S. Johnson, of Yates, tions has been correctly stated by my colleague, that is to refuse Con­ Orleans County, New York, and a..nurse in the Army during the la!e civil war, gressional aid where the applicant has a perfect remedy in the Depart­ and to pay her the sum of $12 per month. ment. If this bill is to be taken upon the question purely of the man's The bill was laid aside to be reported to the House with the recom­ . disability he has a perfect remedy in the office, because if he was-en­ mendation that it do pass. tirely disabled from the performance of manual labor and holding the UARY MARSH. rank of colonel or brigadier-general, he would be entitled to $30 a month. But the smgeons who have examined him fix the disability at one-half Mr. HAYNES. I call up for consideration the bill (8. 685)" granting hard labor, and rated him accordingly at $15 per month; so that those a pension to Mary Marsh. who were competent to determine the character of the disability fix the The bill WaS read, as follows : Be it enacted. &c., That the Secretary of the Interior be, and he is hereby, au­ rate at that amount. Congress, of course, if it thinks proper can with thorized and directed to place on the pension-roll, subject to the provisions and or without reason increase the pension ten or ~en or any other sum of limitations of the pension laws, the name of Mary Marsh, daughter of the ]ate • dollars per month; but the question iswhetherwecanafford to increase Charles Marsh, of Company A, Fifth New Hampshire Volunteers. a man's pension on our own motion, asagainsttheexaminationof compe­ ,. The Committee on Invalid Pensions recommended the following ,I tent surgeons who have investigated the case and fixed the degree of the amendments: disability. . . . After the word" pension-roll," in line 4, sf.l-ike out the words "subject to the If we undertake that, we are undertaking to do a _thing where we provisions and limitations of the pension laws." . must necessarially do great injustice; because no one is as competent .After tlle word "voluntee~," in line 7, insert the words "and pay her a pen­ as the physicians who make a personal examination of the applicant. sion at the rate of$12 dollars per month." My colleague (!fr. JOHNSTO:Y] stated the rule correctly, and that was · Mr. DUNHA.M. I should like to hear the report in that case read. the reason why I asked for the reading of the report, because I was This seems to be an exception to the general 1·ule. struck at once by the language of the bill, "to inctease the pension $10 The report (by Mr. HAYNES) was read, as follows: a month." The Committee on Invalid Pensions, to whom was referred the bill (S. 685) I will state to the gentleman from Pennsylvania [.Mr. BAYNE] that granting a pension to Mary :Marsh, have had the saine under consideration, and report: · the words in the bill "subject to the provisions and limitations of the This is a. bill for the relief of a soldier's orphaned daughter-one who, from pension laws" would not defeat the increase, because the language of her physical deformities, is totally incapacitated for self-support.. The case is the bill is absolute. The bill pro"rides the pension shall be increased set forth as follows in the report of the Senate Committee on Pensions: "The claimant is the daughter of Charles T. Marsh, late a private in Com­ 10 a month, and after that I apprehend the construction would be that panv A, Fifth New Hampshire Volunteers. The soldier presented his claim to the pension.would be subject to the p-rovisions and limitations of the the Pension Oftice and it was allowed. He soon after died,andhiswidowmade pension laws. · application to ihe srune office. Her application was rejected, on the ground j that the disease of the bowels, from which the soldier and husband died, origi­ Mr. BAYNE. ·If that is the interpretation of the langu3-oo-e of the nated after discharge from the service. An examination of the evidence shows bill I would have no objection to ~vethesewordsleftinand would not clearly to your committee that the said disease originated from the kick of a press the amendment. horse received by the soldier while in the line of duty. This disease is shown to be clearly traceable to and to have existed continuously from the time of There are· some considerations which make this case exceptional.· the injury received in the service nntil his death. . General Rowley is a man well advanced in life; he is seventy-seven "It is the popular impression that in cases of doubt it is well to give the sol­ years of age, and he has been very unfortunate. He is in very poor dier the benefit of the doubt. This is not, however, a case of reasonable doubt. No jury of his countrymen would hesitate for a moment upon the evidence in circutnstances. He is a man who fought all through the Mexican war. this case to find that the cause of death originated in the service, and to give to He went into the late war for the Union, and fought all through that the widow of the soldier the benefit of the ~nsion laws. war. He is certainly deserving of this consideration. He was a brave "The widow is now also. dead, and the bill is for the relief of a. deformed and helpless child." and gallant soldier, and is well liked by all his people around him at The committee recommend that the bill be amended by striking out all from home; and they WO"lJ.ld all like to have this consideration extended to word "subject," in line 4, to word "Jaws," in line 5, inclusive; also, insert after him. \vord "volunteers," in line 7, the words "and pay her a. pension at the rate of Mr. STEELE. Do you not think if these wo~ds are left in he would $12 per month," and that as so amended the bill do pass. only get the $15? The amendments of the committee were adopted. Mr. BAYNE. After theexplanationofthe gentleman from Indiana The bill as amended was laid aside to be reported to the House with [Mr. MATSON] I think the proposition is absolute; the $10 woUld be the recommendation that it do pass. added, and then in the event of his disability being increased .he might EVELINE HUNT. be rated even hi~er than :the $25 which he will get if the bill becomes Mr. COWLES. I call up for consideration the bill (S. 1539) granting Jaw. I withdraw the amendment. a pension to.Eveline Hunt, widow, and the minor children of Lewis The bill was laide aside to be reported to the House with the recom- Hunt, deceased. mendation that itd<;> pass. · T4e bill was read, as follows: lu:RS. ARLANTA T. TAYLOE. Be it enacud, cf:c., That the Sec1·etary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and Mr. BYNUM. I call" up for consideration the bill (H. R. 7310) limitations of the pension laws, the names of Eveline Hunt, as the widow of granting a pension to Mrs. Arlanta T. Taylor. Lewis Hunt, deceased, late of Company C, Seventy·sixth Regiment Enrolled Mis­ The bill was read, as follows: souri Militia, and the minor children and heirs of the said Lewis Htmt, deceased. Be it enacted, &c., That the Sec1·etary of the Interior be, and he is hereby, author­ The Committee on Inva1id Pensions recommended the following ized and directed to place on the pension-roll subject to the provisions and lim­ itations of the pension laws, the name of Arlanta T. Taylor, widow of John T. amendments: Taylor, who was a private in CompanyB, First Engineers :Missouri Volunteers. In line 5, strike out the word "names" and insel't, '·'name: " after the word "militia," in line 8, strike out th~ words "and the minor children and heirs of The bill was laid aside to be reported to the House with the recom­ the said Lewis Hunt., deceased.•• • mendation that it do pass. The ame.ndments were agreed to. MARY A. VAN ETTEN. The bill as amended was laid aside to be reported to the Honse with Mr. BAKER. I call up for consideration the bill (H. R. 6170) grant­ the recommendation that-it do pass. ing a pension to Mary A.. Van Etten. C. K. HUGHES. The bill was read, as follows: Mr. OSBORNE. I call up for consideration the bill (H. R. 2144) Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au- granting a pension to C. K. Hughes. / 5 ! t/ 4536 CONGRESSIONAL RECORD-HOUSE. MAY 14,

The bill was read, as follo~s: There being no objection, the bill was laid aside to be reported to the Be it enacted. &:c., That t.he Secretary of the Interior be, and hereby is, au­ House with the recommendation that it do ·pass. · · thorized and directed to place on the pension-roll the name of C. K. Hughes, late major of the .One hundred and forty. third Regiment Pennsylvania Volunteers, JAMES L; MILJ~ER. subject to the provisions and limitations of the pension laws. Mr. HANBACK. Mr. Chairman, I call up House bill8332, increas- The bill was laid aside to be reported to the House with the reco~­ mendation that it do pass. ing the pension of James L. Miller. . The bill was read, ·~s follows: · DAVID M. BENNOE. B e it en-acted, cl;c., That the Secretary of the Interior be, and he is hereby, au­ Mr. HALSELL. ·I call up for consideration the bill (H._R . .{914) to thorized and directed to increase the pension of James L. Miller, late of Com­ increase the pension of David M. Rennoe. ·· pany C, First Kent.ucky Cavalry, to S72per month. The l?ill was read, as follows: . Mr. BYNUM. I think we had better have the report in that case B e it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au­ read. thorized and directed to increase the pension of David M. Rennoe, late a pri­ vate in Company H of the Twenty-ninth Regiment Indiana Volunteers, a.L• pay M'r. MORRILL. ]4r. Chairman, the report is very long, and if it him a penl!ion at the rate of $40 per month, in iieu of the pension now received. will be satisfactory to the gentleman, I will ask my colleague [Mr. The Committee on Invalid· Pensions recommen

NmA D. GWYNNE. "The claimanttestUies- "'That five years prior to his enlistment he followed the occupat.ion ofa. lfr. W .ARNER, of Missouri. Mr. Chairman, I ask unanimous consent farmer. That· for· three years after the war was a medical student, and has to call up House billl361, giving a pension to Nira. D. Gwynne. practiced medicine since. That at. Camp Lincoln, Keokuk, Iowa, in 1862, was taken with measles, received a fall while convalescing from same, and while The bill was read, as follows: · being removed from hospital to camp under the direction of Dr. Hughes (now Be it enacted, dlc., That the Secretary of the Interior is hereby directed to place dead), in which fall he received injuries to his back Qumbar region) from which on the pension-roll the name of Nira D. Gwynne, widow of the late N. M. L. he never recovered; that after the incurrence of said mjury he was kept at head­ Gwynne, a private in Company H, Thirteenth Regiment Ohio Cavalry, and quarters as clerk. Was treated by regimental surgeon, whose whereabouts is that she be rulowed a pension of S50 a month from and after the passage of this unknown. .After discharge was treated by Dr. Quigley (now dead); has since act. taken counsel, but has treat-ed himself. No other disease. Claims that said in­ juries affect his spinal column; was treated at the medical col!ege hospital, The amendment by the Senate was read, as follows: Keokuk, Iowa.' After the word "cavalry " strike out all to the end of the bill and insert the "The soundness of the claimant prior to enlistment is clearly shown by the words "and pay her a pension at the rate of twenty-five dollars per month." affidavits of a number of witnesses. Captain Woodson and Lieutenant Miller testify: Mr. WARNER, of Missouri. Mr. Chairman, I move that this bill "'That claimant contracted measles about October, 1862, at Camp Lincoln, Ke­ ) be reported to the House with the recommendation that the Senate okuk, Iowa; that he was in the hospital about a month before hi~ health would amendment be concurred in and that the bill do pass. · permit of his return to his company, and while being tram;;ferred received inju­ ries to his back (lumbar region) from which he has never recovered.' The motion was agreed to. "Dr. D. H. Allen, surgeon, te!>tifies that he did not keep a record, and can not · M. ROM.A.H:N. call to mind any individual cases. "Dr. Price testifies- Mr. LA FOLLETTE. !.call up the bill (S. 1441) granting ~ pen­ " • That he was sound prior to enlistment; that he prescribed for him .August - sion to M. Romahn. 28,1862, for measles. Affiant was then acting as hospital steward. Remembers Mr. MORRILL. If the gentleman from Wisconsin [Mr. L.A. FoL­ conversing with him at his home about his still suffering with pain in his back, result of army service during the surumer of 1865. Has not treated him since LETTE] will yield to me I will move to take up these Sena~e bills in service; has an impression of treating him at different times w bile in the serv­ their order. There are about a dozen of them. ice, but can't fix dates; has an indistinct recollection that the claimant reported :Mr. MATSON. I object to'that. . at sick call at Helena, Ark., in ·December, 1862.' "Dr. C. G. Lewis testifies- . Tlie CHAIRMAN. The bill called up by the gentleman from Wis­ "• That he kept no record and can not call to mind individual cases. That he consin will be read. treated claimant on the steamer Stephen :Cecatur on the way from Saint Louis, · The Clerk read as follows: Mo., to Vicksburg, Miss., about December,1862, for lame back, supposed to be the result of measles, from which he was just recovering.' Be it enacted, &c., That the Secretary of the Interior be, n.nd he is hereby, au­ "Dr. Greenleaf testifies- thorized and directed to place on the pension-roll, subject to the provisions "'That he wasclaimant.'s physician prior to enlistment; saw him at Wood­ and limitations of the pension laws, the name of M. Romahn, late a private in ville, Ala., about February, 1864; conversed with him, and he complained of his Company K, Thirty-seventh Regiment of Iowa Volunteer Infantry. back hurting him.' · There being no objection, the bill was laid aside to be reported to •• Dr. J . .A. Maggood, examining s.urgeon at Wellington, March 81, 1882, certi­ fies to his belief that the disability originated in the service and rates him at one­ the House with the recommendation th~t it do pass. foul'th total. . JANE ''The board at Harper, Kans., under date of April I, 1885, rates him at $12 per CARR. month, and in addition says: _ Mr. SPOONER. I call up the bill (S. 1431) granting a pension to "'We find him suffering from nasal catarrh to such an extent11.s to completely destroy sense of smell; has also couple of pile tumors, which he says become Jane Carr. much aggrava't.ed when he is suffering from retention of urine.' The bill was read, as follows: "Rt>ports from the Adjutant-General verify presence of all comrades who tes­ Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ tify, and letters from postmasters substantiate the credibility of all affit\nts. thorized and directed to place the name of Jane Carr, widow of Colwell Oarr, · ' 'Your committee are of the opinion that the claim is clearly established, and late a private in Company F, Thirtieth Regiment of Pennsylvania Volunteers, recommend the passage of the bill." and Company E, Twentieth Regiment of' the V.eteran Reserve Corps, on the pension-roll, subject to the provisions and limitations of the pension laws. Mr. BRECKINRIDGE, of Arkansas. Whatamount of pension does Mr. BRECKINRIDGE, of Arkansas. Let us havetherepoii;in that this bill propose to grant? case read. · Mr. PERKINS. It simply places the man upon the pen~ion-roll The report (by Mr. SwoPE) was read, as follows: snbject to the provisions and limitations of the pension laws. The rate will be fixed at the Pension Office, as in the C..'lSe of other pensioners. . The Committee on Im·alid Pensions. to whom was referred the bi\1 (S.1431) granting a pension to Jane Carr, having examined the same, concur in the There being, no objection, the bill was laid aside to be reported to the Senate printed report hereunto attached, and recommend the passage of the Honse with the recommendation that it do pa.Ss. bi!J. The petitioner is the widow of Cal well Carr, late a privat{l in Company F, MICHAEL DALY. • Thirteenth Regiment of Pennsyl\'ania. Volunteers. and who, during his lifetime, :Mr. TAULBEE. I call up the bill (S. 983) granting a pension to received a pension for ~Usabilities incurred while in the service. '!'he petitioner claims that his death, which occurred October 14, 1&S4, was the result of the disa- Michael Daly. bilities for which he was pensioned. . The bill was read, as follows: The widow's claim for pension was rejected by the' Commissioner of Pensions for the reason that the mortality certificate, given by Donnel Hughes, 1\I. D., of Be it enacted, outJm1e,l8G5, for which he There being no objection, the bill was laid aside tO be reported 'to the was given large quantities of quinine and other drugs, which so affected him House with the recommendation that it do pass. that he was tak"en with chorea. Claim l_Vas rejected April 2L,l88:l, upon the ground that alleged disability was WILLIAM H. MOORE. incurred since discharged from the service. M:r. PERKINS. I call up the bill (S. 1509) granting a pension to James 1\1. Kelly (affidavit filed March ll,-1882), William Charlton (affidavit filed Ma rch 11.1882), and Thomas Kelly {affidavit filed March 11, 1882), testify to sound­ William H. Moore. ne.'l!! at and prior to enlistment. The bill was read, as follows: · Lieut. William Charlton, in affidavit filed March 11,1882, testifies that claimant Be it enacted. &c., That the Secretary of the Interior be, and he is hereby, au­ was a faithful soldier, :md contracted his alleged disease (chorea) within one thorized and directed to place on the pension-roU, subject to the provisions and year after his discharge. Comrade Thomas Mannion. in affidavit filed March 11,1M2, testifies that claim­ limitations of the pension law~ the name of William H. Moore, late of Com­ p any F, Thirtieth Regiment of J.owa Volunteers. ant was taken wlt.b fever and ague in June,1865, while near Montgomery, .Ala.., and was treated by Surgeon Wilson, deceased. Claimant was sick with ague Mr. BRECKllfRIDGE, of Arkansas. Let the report be read. when he came home and since has been taken wilh chorea. Comrade Thomas Kelly corroborates the above. . The report (by Mr. MORRILL) was read, a.S follows: William Charlton, a resident of Madison, Dane County, Wisconsin, in an affi­ The Committee on Invalid Pensions, to whom was r eferr ed the bill (S. 1509} davit filed March 11,1882, states that ever since their return from the service he granting a pension to Willia~ H. Moore, submit the following report: has lived in the same town with claimant, and that claimant has steadily grown Your committee adopt the report of the $enate committee, which is as fol­ worse, and is at present unfitted for manual labor. low!!. and recommend the passage of the bill : James M. Kelly, n resident of· Madison, Wis., in an affidavit filed 1\Iarch 11. "That the claimant, William H. Moore, enlisted August 13, 186~, in Company 1882, states that claimant hns suffered from the disease of which he now com­ F, Thirtieth Regiment Iowa. Volunteers, and that he was discharged June f>, plains ever since. his return from the Army, and that he is now tota~ly disabled, 1860. Made application for .pension April 18, 18Ml, alleging in his d eclaration­ Dr. William Fox, a resident of Milwaukee, \Vis., in an Bcffidavit filed March 11, .. ' That on or about .August 25, 1862, while in the United ~tates service, and in 1882, states that he prescribed for claimant in 1872, for shaking patsy. the line of duty at Keokuk:, Iowa, he contracted mea ~ les.' Dr. T. W. Evans, a resident of Madison, Wis., in an affidavit filed March 11, "The claim was rejected by the Department on the ground that the "dis­ 1R82, states that he has repeatedly prescribed for claimant during ~he past three abilities from which claimant is disabled do not result from the cause alleged, years for pain in backt cra1nps, and spasmodic pain in the muscles. He has suf­ namely, measles, with the exception of nasal catarrh, which is suscepti':..le of fered from chorea durmg the period of affiant's acquaintance and has been to­ proof as having so resulted.' tally disabled. / I~ ( 4538 Ot>NGRESSIONAL RECORD-HOUSE. MAY 14,

Although this claimant bas no hospital record, still his lieutenant and two essary to perform three subsequent amputations. Tie refused t~ receive a dis­ comrades testify to contraction of alleged c?sease in the service, a~d .he has good charge and se1-ved until the close of the war. evidence as to continuance of same ever smce ';IP to th? present t1m.e. _ Under the genera.! law he can only receive a pension for the lo~ of the leg. The board of examining surgeons who exMmJ?.ed cla~ant Februar;y: 1!', 1.£8?, This bill proposes to give claimant a pension of~ per month. It1s not shown state that claimant, in their opinion, is totally mcapacttated fot: obtrunmg !:ns that he required the personal attention of another pers~m. . subsistence by manuallaborfrom the cause stated-chorea., resul_tmg f!om ~b~lls Your committee recommend the passage of the bill w1th an amendment tt'lk­ and fever. They also state that the disab~ityisp~r~nent, and m theiropllllo.n ing out "flft,y" and inserting "forty-five." that said disability originated in the Eei"VIce and m line of duty. They state his [Senate Report No. 2fll; Forty-ninth Congress, first se sion.] disability as total. . . . . w· . t t th t Burr ,V. Jones, 1\I. C., ~hi~d Con~cs.;uona.~ di~triC~, . 1scousm, sa ~s .. a We find that claimant enlisted August 9, 1862, and was discharged Mar~ G, claimant is a resident ofhJS city, Mad1son, W1s., and JS"ln a help~ess condition 1865· that he receive1la gunshot wound in his hand at the battle of Stone R1ver, from progressive paralysis. T.O.e fampy are very poor and suffermg, and they and ~fterward, at Lovejoy Station, he was wounded. in the le~t le~, making nec­ have no income except from the earnmgs of one daughter as a. servant•. essary an amputation of that limb. Gangre~e set In, ren.d~rmg 1t neces~ry to Taking into considera~ion all the evide~ce filed and. th~ SUl'geon's certificate, perform three subsequent amputations. He lS now rece1~ng the pension al­ the committee feel it therr duty to report m favor of thiS bill. lowed for the loss of that limb. The man refused to receive the d1scha.rge of­ fered him after his first wound, and bravely continued in the sel"Vice. He is Mr. BRECKINRIDGE, of Arkans,.'lS. I wish to ask the chairman {)f clearly entitled to pension for both disabilities and we recommend the passage the Committee on Invalid Pensions [Mr. MATSON], or any other gen­ of the bill. tlem::m who may have chargeofthisbill, whythe~en~o~Bu~eauhere, Ur. BRECKINRIDGE, of Arkansas. Howmucl1pension is this man upon the certificate of the board of surgeons, whi~ lS c1ted m th~ ~e­ receiving now? port, did not grant this man a pension. I do not profess to be familiar Mr. MORRILL. He is receiving $30 a month for the loss of a leg with the pension laws. I suppose very few members of the House are above the knee. He also los~ a baud, but .is not receiving anything so. Hence I seek this information. therefor, because the Pension Office can not under eiliting law pension 1\lr. MATSON. All I know of thiscasellearnfrom the report, which for both disabilities. was prepared by the gentleman from Michigan [Mr. WINANS], who is IDs le

1886. CONGRESSIONAL RECORD-HOUSE. 4539

Mr. MATSON. Yes, sir. That said James Hackett came to deponent and talked with him, asked depo­ nent to take his money, which deponent declined to do, having taken charge of Mr. JOHNSTON, of Indiana. I am opposed to the amendment un­ a large sum for other men in the field to convey to their families. This occurred der the circumstances. This is a case where the soldier lost a leg and about 6 o'clock .p. m.. Deponent returned to the State-house, leaving James one a-rm. , Hackett at the Soldier's Rest, and saw him no more that night. James was per­ fectly sober, and known as a sober man. That deponent saw James the next Mr. MORRILL. . No; lost a hand. morning about 8 or 9 o'clock at the Union street station-ho1.1.5e a corpse. That Mr. JOHNSTON, of Indiana. Well, it is practically the same. thing. he was present at the oost-mortem examination; that the evidence before-the Now, if he had been a captain or a lieutenant or a colonel or a major coroner•s·juryshowed that the bodywasfound nearthenavy-yard among some timber. The physician testified there was poison in the stomach. That the de­ there would not be, I take it, in accordance with the precedent here tachment had not yet reported to Major Gilbert for their furloughs and was established, any questions raised about his pension being increased to under the command of its officers, and James was with the organizatiOn1 at the $50 a month. We have already passed one bill here to-night :raising a date of his death. Deponent made a. personal examination of his person and clothes, but not one cent was found. That he was poisoned and robbed was the pension for a 'ffi,dow,. who has no disability, fro~ $30 to $50 a month. belief of all who knew the circumstances." We have passed another bill hereto-night, a Sen~te bill, for the pension Your committee. hereto attach the petition of the claimant: \ of a widow w liose husband did not die from the effect of wounds or in­ To th{l honorable the &nate and House of Representatives of ihe \ jury contracted in the Army, but simply because he was a brave man Unired Stares of America in Congress assembled: ( and held a certain position; and I would like to see a pension bill pass Your petitioner,l\Iargaret O'ConnoE, whose post-office address is 266 ·wash­ here once where the m,erits and rights of a private soldier could be rec­ ington street, in the city of Williamsport, and State of Pennsylvania, respect­ fully represents that she was the widow of James Hackett, who enlisted on the ognized. Ifthere ever was a man who is entitled to a pension of $50 12th day of Septembe.r, 18tH, to serve three years, or during the war, in Com· a month this man certainly is, wounded as he has been; and I am op­ pany G, Eighth Pennsylvania Cavalry Volunteers, and who served fuithfully posed to concurring in the amendment and want it left at_ 50, the therein until December 15 1803, when he' re-enlisted in the s:une company and regiment as a veteran and received o. thirty days' furlough, returning to Phil­ amount fixed by the Senate. adelphia, Pa., with a majority of his company, by order of the Adjutant-Gen­ Mr. MATSON. If my colleague from Indiana will permit me a mo­ eral, United States Army, at Washington, D. C., and the adjutant-general, State ment I think I can explain to him so that.he can see the reason why of Pennsylvania. While a.t Philadelphia, on the night of February G, 18&!, the said James Hack­ this was done. If this man was entitled to $50 a month there would be ett and a squad of his comrades started for some theater; but after going some no need of our legislation at all; and that is the reason that we reduced distance, he left them, saying he would return to the Soldien;' Home, where they the Senate bill "t9 $45, because if the disability was such as to entitle were quartered. He turned back, and that was the last seen of him until about 2 o'clock in the morning, when be was found in a vacant lot not fa.r from the him to a rating of $50 per month he could ge~ it nnde1· the present law Soldiers' Home, apparently having Just died, his boots and money taken from from the Department-. That is the re..100n we did not adopt the Senate him. The coroner's inquest showed he had been chloroformed, which caused bill. his death. '£he furloughs were not issued to the aid Hackett and his comrades until the Now, so far as saying t~t if he was an officer of higher. rank there 9th of February, 186!, and they were all under the command of their officers, would not have been any objection to the increase of the pension, let and were until they received their furloughs. me inform my colleague that the general law makes no distinction in Your petitioner bas been denied a pension upon several applications, upon the grounds that the soldier was not in line of duty, the fact of his being in the so far as these higher grades of pensions are concerned, but the dis­ United States service not being questioned. · tinction is only with .reference to the lower grades. Congress has not Your petitioner prays for the passage of a special a~ granting her a pension s·hown. any disposition to fix these rates, as the gentleman seems to im­ from the 6th day of February, 1864, the date of her former husband's death, until June 5, A. D. 1866, the date of her remarriage; als.ci a pensie>n for her two daugh­ agine, by special acts; because where the law fixes .the grade, and the ters, Mary Ann Hackett and Bridget Hackett, from Feb1·nary 6, 1864, until the disability is sufficient to· warrant the pension, there,is no need for leg-. time they were sbdeen years of age. islation. I. think, therefore, the amendment is right. , 1\IARGARET O'CONNOR. Mr. JOHNSTON, of Indiana. · Let me ask if we have not the power This seems to you:r committee a clear case. Soldier was in the service of the United States at the time he met his death; he was undoubtedly murdered and to increase the pension? robbed. That he was not in the line of duty at t4e time is a mere surmise, and Mr. MATSON. Oh, yes; we have the power to make it a thousand not subs tan tin. ted by any proof whatever; on the contrary the evidence shows . dollars if we want to. that lie declined to accompany his comrades to the theater, and left them to re­ turn to his quarters at the Soldiers' Home. 1\Ir. JOHNSTON, of Indiana. Then why should not this man have Your committee.report favorably, nud recommend the p!lBsage.of the bill. this pension as well as any other man? Mr. MATSON. Because the Pension Office could give him $50 if he :Mr. DUNHAM (before the Clerk had concluded the reading of the was entitle~ to it; and that is the reason we objected to the Senate report). I think perhaps a statement could be made in much less time bill. than the report could be read. M.r. JOHNSTON, of Indiana. You admit the proposition that ifhe Mr. BRECKINRIDGE, of Arkansas. Well, let some.statement be was an officer he would be entitled to it? made. I have noobjection. Here is the caseofa.widow who married Mr. MATSON. If necessary to get on with the public business we again and may have marrieda:filnentlyforall the House knows. There will admit anything. . is no statement or ·explanation at all about the claim. The gentleman The amendment was agreed to. can make a statement if he prefers . . The bill as amended was laid aside to be reported to the House with The CHAffi!IAN. The Clerk will read the report. the 1·ecommendation that it do pass. The Clerk resumed and conc~ed the reading of the report as aboYe.] MARGARET O'CONNOR. Mr. BRECKINRIDGE, of Arkan..·~as. I want to ask one or two questions about this case. Who is sponsor for this bill? M1-. ROMEIS. I call up House bill 6278, granting a. pension to Mr. BROWN, ·of Pennsylvania. I introduced the bill. Margaret O'Connor. Mr. BRECKINRIDGE, of Arkansas. This applicant, I believe, has The bill was read, as follows: married again. Be i t enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and Mr. BROWN, of Pennsylvania. It seems she has married again. limitations of the pension laws, the name of Margaret O'Connor, late widow of M:r. BRECKINRIDGE, of Arkansas. That is in evidence in the James Hackett, deceased, late of Company G, Eighth Pennsylvania. Cavalry case. Volunteers. Mr. BROWN, of Pennsylvania. I judge from the name she bas mar­ Mr. BRECKINRIDGE, of Arkansas. Let the report be read. ried again. The report (by Mr. SwoPE) is as follows: Mr. BRECKINRIDGE, of Arkansas. I supposed the gentlema~ James Hackett enlisted September 12, lB6l, in Company G, Eighth Regiment knew all about the case. Pennsylvania Cavalry Volunteers, and was killed February 7,1864. Mr. BROWN, of Pennsylvania. I do not. His widow, claimant, applied for pension, but the bureau rejected her claim " upon the ground that the soldier being absent from his command, a way from M:r. BRECKINRIDGE, of Arkansas. Who knows anything about the control of his officers and the protection of his comrades, can not be consid­ il? . ered as having been within the line of duty at the time of his death. The cause Mr. BROWN, of Pennsylvania. The .committee seem to have had ofthe soldier's death was not incident to or in anyway connected with hiS mil­ itary service." a pretty good understanding about it. The marriage of James Hackett, the soldier, to the claimant is shown by the 1\fr. BHECKINRIDGE, of Arkansas. Who is here to speak for the ) affidavit of the officiating magistrate. committee? The Adjutant-General reports: "This man, whl".le in Philadelphia, Pa., on the 7th of Febrnary,l864, the regi­ Mr. BROWN, of Pennsylvania. Dx. SwoPE made the report, but ment being at home for the purpose of receiving veteran furloughs, and before that gentleman is not here. the furloughs were given, was found dead near the navy-yard. Cause of death Mr. BRECKINRIDGE, of Arkansas. Very well ·1 wish now to and circumstances attending same unknown, beyond the fact that the coroner's inquest developed the existence of poison in the stomach, and that the soldier inquire what is·the law in regard to the widow of a man who died in was seen the night before in the compnny of a stl'anger upon whoso person, the service receiving a pension when she manies again. when arrested, was found a pair of shoes which it was believed was the prop­ Mr. MATSON. The law is that she is dropped from the rolls when erty of the deceased. The said stranger escaped from arrest and was not re­ taken." she remarries; and in case of the' ueath of the second husband she is not John E. Kane, late lieutenant of Company E, Eighth Pennsylvania Cavalry, restored to the pension-roll. Formerly she was restored in that case. testifies: M:r. BRECKINRIDGE, of Arkansas. As long as she is a widow and "That Company G, with other companies of that regiment, was, on February 2, 1B6!l, relieved from duty in the Army of·the Potomac in accordance with special is entitled to a pension because of her husband's death she wonld re­ orders and ordered to report to the governor of Pennsylvania, by reason of re­ ceive a pension till her remarriage? enlistment. :I'hat in pursuance of said orders~eponent, with his company, un­ ·Mr. MATSON. I will ask the gentleman from Arkansas to consent der Captain Howard, now deceased, went to Harrisburg, and were ordered to report to Major Gilbert, Philadelphia., Pa., for furloughs, and arrived at Phila­ that this bill be laid aside informally, as the gentleman who reported it is delphia about 12 o'clock m.. Were received by the mayor, military, and public. not here. There may be some circumstances he may desire to know in / CONGRESSIONAL RECORD-HOUSE. MAY 14,

regard to it which I can not answer as well as the gentleman from Penn­ , A. bill (1227) granting an increase of pension to WilliaiD: P. Squires; sylvania (1\ir. SwoPE]. I ask. unanimous consent that the bill.be laid and , · aside informally without losing its place on the Calendar. A bill (1539) [title amended so as to read "A bill granting a pension Mr. BRECKINRIDGE, of Arkansas. There seem to be two short- · to Eveline Hunt, widow, and the minor children of Lewis Hunt, de- comings in this case. One is-that, according to several decisions on the ceased;"] , . part of the Pension Bureau, the death of this soldier was not of such a · The bill (H. R. 1361) giving a pension to Nira D. Gwynne "!Vas re­ character as entitled the applicant to a pension. The next is ~hat she ported from the Committee of the Whole with Senate amendments. has married a~in, and had she been entitled to a pension she would. The amendments were agreed to, and the bill was ordered to be en­ have forfeited her right to it by that act. This may be a small matter, grossed and read a third time; and being engrossed, it was accordingly but we are paying .sixty or seventy millions of dollars a year for these .read the third time, and passed. small matters, and we want to exclude all the small matters that are Mr. MATSON moved to reconsider the several votes by which the bills not meritorious. I have no objection to this bill being laid aside in­ were passed; and also tnoved that the motion to reconsi~er be laid ·on formally. the table. · · ; . ' ( Mr. ERMENTROUT addressed the Chair. The latter motion was agreed to. ( The CHAIRMAN. The gentleman from Indiana [Mr. M..A.TSON] has TlleHouse then, on motion of Mr. MATSON (at 9 o'clock and 50 min­ ' made a request for unanimous consent, which must be submitted with­ utes p. m. ), adjourned. · out debate, that the bill be laidasideinformallywithout losing its place on the Calendar. Is there objection? There was no objection. · PETITIONS, ETC. Mr. MATSON. I move that the committee rise. The follow.ing petitions and papers were laid on the Clerk's desk,· The motion was agreed to. under the rule, and referred as follows: The committee accordingly rose; and Mr. DocKERY having taken By Mr. ·BARBOQR: Petition of Elias Edwards, executor of Eli!LS the chair as Speaker pro tempore, Mr. HATCH reported that the C'.ommit­ Edwards, deceased, praying that his war claim be referred to the COurt tee of the Whole House, having had the Private Calendar under CODsid~ of Claims-to the Committee on War ClaiiQ.S. eration, had instrneted him to report sundry bills with various recom- By 1\Ir. BLANCHARD: Petition of Mary E. Jones, of Alexandria; mendations. ·: ' of Thomas K. Smith, ofRapides Parish; of W. C. Johnson, son of Sam­ DILLS PASSED. uel K. Jo"4uson; deceased; and (}{Frances Carr, widow ofCait,er Carr, deceased, of Alexandria, La., asking that their war claims be referred Bills of the follo~g titles, reported from the Committee of the to the Court of Claims-to the same committee, Whole House without amendment, were severally ordered to be en­ Also, papers relating to the claims of Carter Cart, of Samuel K. J ohri­ grossed and read a third time; and being engrosserl.; they were accord:. son, of Mary Jones, executrix of Fannie Burgess, and of Thomas K. ingly read the third time, and passed: · Smith, of Rapides Parish, Louisiana-to the same committee. ' : A bill (H. R. 1142) granting a pension to Lydia Hadlock; By Mr. BOUND: :petition of Mary A. Block, of Harrisburg, Pa., for A bill (H. R. 8336) granting an increase of pension to Duncan Forbes; pension-to the Commlttee on Invalid Pensions. · · . . A)lill (H. R. 8111) granting a pension to RebeC<'.a. Roberts; By Mr. W. W. BROWN: Memorial of Grange No. 384, Patrons of A bill (H. R. 5261) granting a pension to Isaac Fossett; Husbandry, of McKean County, Pennsylvanm, for the suppression of A bill (H. R. 7162) granting a pension to Martha Mcilwain;· the sale and manufacture of all imitation dairy products-to the Com­ A bill (H. R. 4703) granting a pension t-o Anna A. Probert; mittee on .Agriculture. A bill (H. R. 1815) grantingapension to Ellen Corcoran; Also, memorial of tbe same against the admission, free of duty, of A bill (H. R. 1520) granting an increase of pension to Uary F. Blake; raw agricultural products-to the Committee on Ways and Means. . A bill (H. R. 7728) granting a j>ension to Mrs. Elizabeth Collins; By Mr. BUNNELL: Petition of the Chicago .I ... ive-Stock Exchange, · A bill (H.~- 4460) to pension John W. Delp; opposing the taxing of oleomargarine-to the Committee on Agriculture. A bill (H. R. 6250) to increase the pension of Thomas A. Rowley; Also, petitions of bankers, merchants, manufacturers, and leading _ A bill (H, R. 7~10) granting a pension to Mrs. Arlanta F. Taylor; citizensofNewYorkcity, favoring the a,pp,ropriation made by the United A bill (H. R. 6170) granting a pension to Mary A. Van Etten; St-ates Senate to steamshipsforcarryingthe mails-to the Commitee on A biU (H. R. 8078) for the relief of Lydia S. Johnson; the Post-Office and Post-Roads. A bill (H. R. 2144) ·granting a pension to C. K. Hughes; By J!!r. CAINE: Petition of 1, 795 citizens of _Davis County, Utah T~r- · A bill (H. R. 6430) granting a pension to Lucy G. Dutcher; ritory, earnestly protesting 3.oaainst the enactment of any legislation A bill (H. R. 7979) granting a pension to Jackson Steward; which will deprive them of all voice in the government of that Terri­ A bill (l:I. R. 8332) increasing the pension of James L. Miller; tory by disfranchising them through test-oaths on account of their re­ A bill (H. R. 5324) granting a pension to John H. Hnnter; and ligions belief, as proposed by the minority party of said Territory; also A bill (H. R. 308) granting a pension to Mary Sullivan. against the passage of any law which would abolish the Legislature of Bills of the following titles were reported from the Committee of the Utah and create for the governmentofthe Territory a legislative com­ Whole House with amendments. The amendments were adopted; and mission-to the Committee on the Territories. the bills as amended were ordered to be engrossed and read a third time; By Mr. DUNHAM: Resolutions of the Produce Exchange of Chicago, and being engrossed, they were accor~ingly read the third time, and ill., signed by 'George W. Linn, president, and R. M. Littler, secretary,· passed: favoring bill 8328, to tax oleomargarine-to· the ·committee on Agri-· A bill (H. R. 6311) granting arrears of pension to Mrs. Maria Walker; culture. . A bill (H. R 7931) increasing the pension of Clark Boon; Also, resolutions adopted at a joint session of ~ights of J.... abor As­ A bill (H. R. 1201) for the relief of Mary Howard Farquhar; semblies Nos. 4080, 1297, 4052, 4327, 544'9, 5959, and 1912, of Chicago, A bill (H. R. 4552) for the relief of Susan Smith; Ill., opposing the bill No. 8328, ·to tax ole~margarine-to the same com­ A bill (H. R. 8372) granting a pension to John E. Doggett; · mittee. A bill (H. R. 2242) restoring to the pension-roll the name of K. G. By Mr. ELY: Petition of E. D. Howe and 31 others, for taxing ·oleo- Billings; .. . margarine-to the same committee. ·· A bill (H. R. 7407) granting a pension to Cyrus Dubbs; By Mr. ERMENTROUT: Memorial of E. H. Baines, aj1;ainst legi.o;Ja­ A bill (H. R. 7914) to increase the pension of David M. Rennoe; and tion prohibiting the manufacture of oleomargarine-to the same com- A bill (H. R. 7509) granting a pension to Cecilia C. McKenna. mittee. · Amendments to Senate bills ofthe following titles, reported from the By Mr. EVERHART: Petition of cjtizens of Phrenix:vil1e, Chester Committee of the Whole Ho11!3e, were severally agreed to as amended; .County, Pennsylvania, praying for the redemption of the trade-dollar­ and the bills were read the third time, and passed: to tbe Committee on Coinage, Weights, and Measures. . A bill (S. 823) granting a pension to Capt. Elihu Jones; By Mr. GA.Y: Papers relating to the claim of Jasper Gall, of Iberia A bill (S. 891) granting a pension to Geriah Collins; Parish, Louisiana-t-o the Committee on War Claims. A bill (S. 983) granting a pension to Micha-el Daly; By- Mr. W. J. GREEN: Petition of executor of Joseph Wilson, de­ ..A bill (S. 1098) granting a·pension to .H. R. Duke; ceased, of Sampson County, North Carolina, praying that his wa1· claim A bill (S. 1850) granting a pension to Mrs. Annie C. Owen; be referred to the Conit of Claims-to the same committee. A bill (S. 1253) granting a pension to J. T. Haworth; By Mr. GROUT: Petition of N. H. Ricker and 67 others, citizens of .A bill (S. 1420) granting a pension to William Powell; Ryegate, Vt., for a tax on oleomargarine-to· the Committee· on .Agri- A bill (S. 1830) granting a pension to Mrs. C. A. Bailey; . culture. . . . A bill1S. 1441) granting a pension to .M. Romahn; · By 1\Ir. T. J. HENDERSON: Petition ofT. J. Rich, 1\f. D., and A bill S. 1431 granting a pension to Jane C~rr; and others, of Union County, Illinois, praying for the· passage of an act A bill S. 1509~ granting a pension to William H. Moore. granting a pension to Elizabeth Haine, '\\'idow of Robert R. llaine, and Amendments to Senate bills of the following titles, reported from the arrears of pension-to the Committee on Invalid Pensions. · Committee of theWhole House, were severally agreed tO, and as amended Also, petition of J. P. Lyttle, M. D., and others; citizens of Bureau the bills were ordered to a third reading, and accordingly read the third County, illinois, praying f01; the enactm~nt of such laws as will prevent time, and passed: . epidemics-to the Committee on Commerce. · A bill (S. 685) granting a pension to Mary Marsh; By 1\lr. HITT: Memorial and resolutions of the Chicago Produce Ex- , \ 1886. CONGRESSIONA~ RECORD-HOUSE. 4541 ·

change, in favor of legislation against fraudulent prodaction and sale By Mr. BUCK: Of Timothy Sedgwick and others, of West Hart­ of imitations of butter-to the Committee on Agriculture. · ford: <>f Clinton Phelps and others, of East Granby; of H. W. Ladd By Mr. KETCHAM: Petition of JoelS. Winans and 53 others, ask­ and others, of Windsor; of H. L. Heyden and others, of Windsor; and ing for the passage of a law to regulate th& sale of all imitations of of Daniel Webster and others, of Berlin, Conn. butter-to the same committee. - By Mr. FREDERICK: Ofcitizensof Raymond, ofMadisonCounty, By Mr. LEHLBACK: Petition of the Women's Indian Association of Decora, of Hoyleston, of Manly, of Ellsport, of New Hartford, o.f of Northern New Jersey, asking for th.e passage of Senate bill 53, for Vanmeter, of Washington, of Bowen, of Langworthy, of Red Oak, of the relief of the Mission Imlians of .Californiar-to the Comm,ittee on Denison, of Nashville, of Saint Lucas, an~ of Wellman, Iowa. Indian Affairs. , By Mr. HISCOCK: Of citizens of Norwich, of Helena, of Conewango, Also, memorial of Grange No. 104, of New Jersey, asking for legis­ of Bennerford, of Coventryville, of Bangor, of New York, of Moore's lation to suppress the manufacture and sale of imi_tation dairy prod­ Ford, of Warsaw, of Otsego County, of Herkimer County, of Chateau­ ucts-to the Committee on Agriculture. gay Lake, of North Pitcher, and of East Homer, N. Y.

I Also, memorial of the same, asking for the same protection to agri-· By Mr. McMILLIN: Of G. W. G. Brown, of Tazewell, Tenn., and cultural products that is accorded to other industries-to the Commit­ others. \ tee on Ways and Means. By :Mr. PRICE: Of citizensofWautoma, ofBrandon, andofWauptin, By Mr. LIBBEY: Petition of Moses Dawley, for a pension--:-to the Wis. Committee on Invalid Pensions. By Mr. SCOTT: Of citizens of London and of Russell, Pa. J\lso, petition and affidavits in the claim of R. ;E. Bennett-to the By Mr. SPRINGER: Of citizens of Charleston and of Lanark, Ill. / Committee on War Claims. By Mr. SWOPE: Of citizens of Hosensack, of Rogers' Ford, of Also, letter of Mary E.- Parker xelative to claim-to the same com­ Plumsteadville, of Elkland, of Knoxville, of East Greene, of Guy's mittee. Mills, and of Thompsontown, Pa. Also, papers relating to the claim of William E. C;Yhart, of Norfolk By Mr. WAIT: Of citizens of Middleton, of East Grandy, of Rock­ County, Virginia-to the same committee. · ville, and of Northfield, Conn. By Mr. MATSON: Petition of Mary Lawson, for a pension-to the The following petitions, praying Congress for the enactment of a law Committee on Invalid Pensions. requiring scientific temperance instruction in the pu,hlic schools of the By Mr. MORRISON: Memorial of the Chicago Produce Exchange District of Columbia, in the Territories, and in the Military and Naval for legislation in the dairy interests-to the Committee on Agriculture. Academies, the Indian and colored schools supported wholly or in part Also, memorial of the Chicago Board of Trade against the oleomar­ by money from the national Treasury, were presented and severally garine bill-to the same com)Jli.ttee. referred to the Committee on Education: By Mr. NEECE: Resolution of the Pxodnce Exchange of Chicago, By Mr. ~AYNE: Of citizens of Allegheny County, Pennsylvania. praying for the passage of the Scott bill prohibiting the manufaeture By Mr. W. W. BROWN: Of citizens of McKean County, Pennsylvania. of imitation butter.,_to the same committee. By Mr. LEHLBACH: Of citizens of Newark, N.J. · By Mr. O'FERRALL: Petition of' Joseph Cleit, of Bridgewater; of By Mr. LIBBEY: Of citizens of Southampton County, Virginia. Lucinda J. Thompson, daughter and heir of Lucinda Robbins, and of By Mr. RICE:· Of citizens of Worcester County, Massachusetts. John Brewer, of Madison County; of Solomon Beery, of Cross Keys; / By Mr. SCOTT: Of citizens of Erie County, Pennsylvania. ' . of Emanuel M. Hoover, of D. B. Wampler, son of Samuel H. Wampler; By Mr. SWOPE: Of citizens ofYork County, Pennsylvania. of Jacob A. Huntberry, administrator, and of Curtis Yates, of Rock­ ingham County; of Samuel Roller, of Shenandoah County; of Samuel Fetzer, of Harrisonville; of Thomas W. Russell, of Clark County; of Harrison Fauber, of Tom's Brook; of John Sours, of Page County; of John A. Walter, son and heir of Harriet J. Walter, of Rappahannock HOUSE OF REPRESENTATIVES. County; of Sarah Ambrose, of Capon Roads; of John T. Hattel, of SA.l'URDAY, May 15, 1886. Mount Olive, and ofW. K. Abbott, of Broadway, Va., asking that their war claims be referred to the Court of Claims-to the Committee on TheHousemet.at 12o'clockm. PmyeibytheChaplain, Rev. W. H. War Claims. MILBURN, D. D. By Mr. PETTIBONE: Petition of Joseph D. Long, lateofFirstRegi­ The Journal of the proceedings of yesterday was read and approved. ment Kentucky State Troops-to the Committee on Military Affairs. ECLIPSE OF THE SUN. By 1tfr. RICE: Petition of citizens of Shrewsbury, Mass., in favor of a bill regulating the traffic in oleomargarine-to the Committee on Ag- The SPEAKER laid before the House a bill (S. 1298) to authorize / riculture. - the Secretary of the Navy to fit out an expedition to observe the total By Mr. SENEY: Remonstrance of Chicago Live Stock Exchange eclipse of the ~which occurs on the 29th of August, 1886; which against taxing oleomargarine aud butterine-to the same committee. was referred to the Committee on Naval Affairs.

By :Mr. SCOTT: Petition of Granges Nos. 55, 106, 236, 320, 407, and HOSPITAL STE'WARDS1 UNITED STATES ARMY. 656, Patrons of Husbandry, of Pennsylvania, urging the passage of the The SPEAKER also laid before the House a bill (S. 1119) to provide bill to restrict the manufacture and sale of counterfeit butter-to the for the appointment of hospital stewards in the United States Army, same committee. and to fix their pay and allowance; which was referred to the Commit­ Also, petition of same, protesting ~~instthe admission of agricultural tee on Military Affairs. raw materials free ofdnty-to the Committee on Ways and Means. By Ur. SEYMOUR: Memorial of Sherman Kimberly and others, citi­ GEORGE E. W. SH.A.RRETTS. zens of Torrington, Conn., favoring the enactment of committee bill The SPEAKER also' laid before the House a bill (S. 1069) for the concerning oleomargarine, &c.-to the Committee on Agriculture. relief of George E. W. Sharretts; which was referred to the Committee By Mr. SWOPE: Petition of 32 business men of York, Pa., asking on Claims. for the enactment of laws to enable the ·National Board of Health to RIGHT OF WAY, JAMESTOWN AND NORTHERN RAILROA:p CO.l\IP.ANY. employ all the power and resources of the Government which can be The SPEAKER also laid before the House a bill (S. 1057) granting lawfully exercised to prevent epidemics-to the Committee on Com­ the right of w~ to the Jamestown and Northern Railroad Company merce. through. the Devil's Lake Indian reservation, in the Territory of Da­ By Mr. TAULBEE: :Petition of Ad~m Feltner, for relief-to the kota; which was refeiTed to the Committee on Indian Affairs. Committee on Invalid Pensions. By Mr. TUCKER: Papers relating to the claims of Jacob Stover; and ·WILLIA.1I J: SlliTH. l of David Buchanan, of Augusta County; and of Zachariah F. Cal breath, The SPEAKER also laid before the House a bill (S. 13) for the relief / of Fishersville, Va.-to the Committee on War Claims. of William J. Smith, late surveyor of customs for t.he port of Memphis, ! By Mr. TURNER: Petition of Hon. Henrj Gay and others, citizens State of Tennessee; which was referred to the Committee on Claims. of Colquitt County, Georgia, for Federal aid to common schools in the LEAVE OF ABSEKCE. States-to the Committee on Education. By unanimous consent leave of absence was granted as follows: By Mr. MILO WHITE: Petition of Mcintire Post, No. 66, and of To Mr. NORWOOD; an extension of his leave for ten days, on account John Ball Post, Grand.A.rmy of the Republic, in favor of pension legis­ of important business. lation-to the Committee on Invalid Pensions. To Mr. LITILE, for this day. By Mr. WISE: Papers relating to the claim of Loftin D. Allen, of To Ur. HE~nEY, indefinitely, on account of sickness. Henrico County, Virginia-to the Committee on Claims. To Mr: Ro~ER.Tso:s-, indefinitely, on aecount of important business. The following petitions, urging the adoption -of the bill placing the manufacture and sale of all imitations of butter under the control of WITHDRAWAL OF P .APERS. the Commissioner of Internal Revenue, taxing the same 10 cents per 1\fr. ERMEl'I"TROUT, by unanimous consent, obtained leave for Cap­ pound, and urging the adoption of such effective measures as will save tain Cone to withdraw papers filed with the Committee on Commerce the dairy interests from ruin and protect consumers of butter from in relation to House bill1~84. . :fraud and imposition, were presented, and severally referred to the Com- . Mr: PERKINS. Mr. Speaker, I ask unanimous consent to take up mittee on Agriculture: · from the Private Calendar for p1·esent consideration Senate billl484,