.- 1888. CONGRESSIONAL RECORD-,HOUSE. reduction or removal of the ·duty on iron ore-to the Committee on By Mr. HOLMES: Of John Isaacson and 40 other ex-Union soldiers, Ways and Means. of Winnebago County, Iowa. Also, petition of James Young and 46 others, and of Henry Cleary By Mr. LODGE: Of B. F. Fall's Command of Union Veterans, of and 27 others, citizens of Michigan, that the salaries of the keepers and Lynn, Mass. snrfmen of the Life-Saving Service be increased-to the Committee on By Mr. McCLAIDfY: Of citizens of Wilmington, N. C. Commerce. By Mr. McCULLOGH: Of Joseph Oates and others, of William By l\Ir. SHA. W (by request): Petition of citizens of Cecil County, Paden and others, of F. L. Stough and others, of H. A. Dunn and Maryland, l'elative to the tariff on wool-to the Committee on Ways others, of John Deneys and others, of H. S. Mearet and others, of D. L. and Means. Cr:twford and others, of J.P. Love and othen'~, of J. W. Wilson and By Mr. SPRINGER: Petition of citizens of Indian Territory for the others, of John Lefler and others, of H. C. Fishel and others, of Will­ .. ·. creation of a new Territory, to include the Public Land Strip-to the iam Behney and others, of .T. P. Henry and others, of Hemy Bair and Committee on the Territories. · others, of J. C. Steiner and others, of J. H. Clements and others, of By Ur. STEELE: Petition of Capt. James McGuire, Fifty-first Reg­ A. S. Borlin and others, of S. B. Kennedy and others, of William Mc­ iment Indiana Volunteers, of Shelbyville, Ind., for a general law to Elfresh and others, of Theodore Hunt and others, and of F. C. King cover the muster and pay of certain officers-to the Committee on 1.Iil­ and others, citizens and ex-soldiers of Westmoreland County, Pennsyl­ i tary Affairs. vania. By l\Il'. J. D. TAYLOR: Petition of Hugh Keenan and 96 others, of By Ur. NUTTING: Of C. W. Strow and 26 others, citizens, ex-soldiers Guernsey County, Ohio, for protection of tlie wool-growing and woolen of Oswego County, New York. manufacturing interests of this country-to the Committee on Ways By Mr. PATTON: Of 44 soldiers of Clarion County, Pennsylvania. and Means. By Mr. SCULL: Of ex-Union soldiers und sailors, of Bedford County, By Mr. T. L. THOMPSON: Petition of citizens of Eureka, Humboldt and ofthe Ex-Union Prison~rs of War Association, of Bedford County, · County, California, for increase of salary of keepers of life-saving sta­ Pennsy1 vania. tions-to the Committee on Commerce. By Mr. TA.RSNEY: Of ex-soldiers of Michigan. By Ur. W A.SHINGTON: Petition of Nathaniel W. Jones, of David­ By Ur. E. B. TAYLOR: Of ex-soldiers of Geauga County, and of son County, Tennessee, for reference of his claim to the Court of Champion, Ohio. . Claims-to the Committee on War Claims. By Mr. 0. B. THOMAS: Of citizens of Kendall, Monroe County, By Mr. WHEELER: Petition of Campbell Martin, of Jackson Wisconsin. County, Alabama, for reference of his claim to the Court of Claims-to By Mr. W.EST: Ofveterans of Saratoga County, New York. the Committee on War Claims. By Mr. S. V. WHITE: Of ex-Union soldiers and sailors of New York. By Mr. S. V. WHITE: Petition of citizens of Illinois and of citizens of New York, praying that a pension be granted to Mary N. Abbey; The following petitions, praying for the enactment of a law provid- also affidavit of Mary N. Abbey-to the Committee ou Invalid Pen­ ing temporary aid for common schools, to be disbursed on the basis of sions. illiteracy, were severally referred to the Committee on Education: By Mr. WHITTHORNE: Petition of Mil~ L. Mays, of Hickman By 1r1r. BACON (by request): Of 425 citizens of Orange County, County, and of heirs of Samuel Patton, of Williamson County, Tennes­ New York. see, for reference of their claims to the Court of Claims-t-o the Com­ By Mr. HALL: Of 225 citizens of Crawford County, Pennsylvania. mittee on War Claims. By 1.1r. McCULLOGH: Of 294 citizens of Westmoreland County, Pennsylvania. The following petitions fm an increase of compensation of fourth­ By Mr. SAWYER: Of 266 citizens of Wyoming County, New York. ._ :lass postmasters were severally referred to the Committee on the Post­ By Mr. STRUBLE: Of 165 citizens of Clay County, Iowa. Office and Post-Roads: I ' By Mr. BARRY: Of citizens of Jacksonville and of•£ellefontaine, The following petition, asking for the passage of the bill prohibiting :Miss. the manufacture, sale, and importation of all alcoholic beverages in the - ~ "' t 4 .. .. - By Ir. T. H . B. BROWNE= Of F. R. Hurley and others, citizens of District of Columbia, was referred to the Select Committee on the Al­ Middlesex County, Virginia. coholic Liquor Traffic: By Mr. CARUTH: Of citizens of Eden, Jefferson County, Kentucky. By :rt!r. WEST: Of citizens of the Twentieth district of New York. By Mr. HATCH: Of citizens of Putnam County, Missouri. By Ur. HOUK: Of citizens of Asbury, Tenn. By Mr. HUNTER: Of citizens of Cedar Bluff Mills, Ky. By Mr. McCLA.:l'lHIT: Of citizens of Councils Station, Bladen County, HOUSE OF REPRESENTATIVES. North Carolina. By Mr. PERRY: Of citizens of Fountain Inn, S. C. FRIDAY, March 9, 1888. . t: Also, of citizens of Greenville, S.C. The House met at 12 o'clock m. Prayer by Rev. BYRON SUNDER· By Mr. PUGSLEY: Of 72 citizens of Clinton County, Ohio. ... LAND, D. D. By 1\ir. J. D. T A. YLOR: Of James Clark and 68 others, of George W. The Journal of yesterday's proceedings was read and approved. ·- Marlatt and 46 others, and of J. R. Addy and 31 others, of Guernsey County, and of John E. Marquis and 59 others, and of Adam Shim and CHANGE OF REFERENCE. 6 others, of Noble County, Ohio. Mr. LANHA.l\L :Mr. Speaker, on yesterday I introduced a private bill, numbered 8250, for the relief of Jonathan L. Dobbs and others, The following petitions, indorsing the per diem rated service-pension which by mistake, it seems, was referred to the Committee on Claims. bill, based on the principle of paying all soldiers, sailors, and marines of It should be referred to the Select Committee on Indian Depredation the late war a monthly pension of 1 cent a day for each day they were Claims, and I ask that the correction be made. in the servke, were severally referred to the Committee on Invalid There was no objection, and it was so ordered. Pensions: PRIVATE ~YJ) CLAIMS, NEW MEXICO. By :Mr. A. R.ANDERSON: Of J. H. Cook and of Samuel C. Sowder, ot Russell, Iowa, and 23 others. . The SPEAKER pro tempore laid before the House a letter from the By Mr. BACON: Of Edward Barnes and others, of Rockland County, Secretary of the Interior, transmitting, with communications from the New York. Acting Commissioner of the Land Office, supplemental reports of the By Mr. BOUTELLE: Of Joseph W. Edwards and .others, of Island surveyor-general of New Mexico on private land claims numbered 97, Falls, Me. 100, 101, 102, 104, 123, and 153; which were severally referred to the : . By Mr. BREWER: Of F. B. Underwood and 25 other ex-soldiers, of Committee on Private Land Claims. Leonard, Mich. LEAVE OF ABSENCE. By 1\lr. BUNNELL: Of soldiers of Braintram, Wyoming County, By unanimous consent, leave of absence was gra.nt-ed to Mr. PHELPS, Pennsvlvania. fo1· one week, on account of sickness; and to Mr. HUDD, for ten days, By Mr. CHIPMAN: OfM. P. That(:her and 14 other ex-soldiers, of on account of important business. Michigan. . By Mr. CONGER: Of Gordon Granger Post, Grand Army of theRe­ LEAVE TO PRINT. public, of Grinnell, Iowa. By unanimous consent, leave was granted to Mr. GLASS to print re­ By Mr. COOPER: Of J. R. Lybarger and 37 other ex-soldiers, of marks in the RECORD on House bill No. 5030. Knox County, Ohio. By Mr. GREENMAN: Of 20 ex-Union soldiers, of Hampton, N.Y. REPRINT qF .A. BILL. By Mr. HALL: Of soldiers and sailors of Crawford County, and of On motion of Mr. OUTHWAITE, by unanimous consent, the bill H. soldiers and sailors of Adamsville and Hart.stown, Crawford County, R. 8184, with certain amendments by the Committee on the Pacific Pennsylvania. Railroads, and accidentally omitted when the bill was reported, wa.s By Mr. HATCH: Of citizens of Clark County, Missouri. ordered to be reprinted.

-. I ·,

. ·' .. - ., 1892 CONGRESSIONAL RECORD-HOUSE. MARCH 9,

COMl\ITTTEE SERVICE. with a favorable recommendation the bill (H. R. 3765) for the relief of The SPEAKER pro tempore laid before the House requests of mem- James Devine; which was referred to the Committee of the Whole bers to be excused from committee service as follows: " House on the Private Calendar, and, with the accompanying report, 1\fr. HERMANN, to he excused from service on the Committee on Man­ ordered to be printed. ufactures; and T. J. EDWARDS. Mr. BucHANAN, from service on the Select Committee on Indian Mr. STOCKDALE, from the Committee on War Claims, reported Depredation Claims. back with a favorable recommendation the bill (H. R. 518) for there­ '!'here being no objedion, the excuses were granted. lief ofT. J. Edwards, administrator of David EdwardA, deceased; which The SPEAKER pro tempore announced the appointment of Mr. HER­ was referred to the Committee of the Whole House on the Private Cal­ l!!ANN, of Oregon, as a member of the Select Committee on Indian Dep­ endar, and, with the accompanying report, ordered to be printed. redation Claims, in place of Mr. BucHANAN, excused; and the appoint­ ment ofl\1r. BucHANAN, of New Jersey, as a member of the Commit­ SAMUEL FELS. tee on Manufactures, in place of Mr. HERMANN, excused. ._ Mr. STONE, of Kentucky, from the Committee on War Claims, re­ ORDER OF BUSINESS. ported back with a favorable recommendation the bill (H. R. 6246) for the relief of Samuel Fels; which was referred to the Committee of the Mr. SHAW. I ask unanimous con sen~ to discha.rge the Private Cal­ Whole House on the Private Calendar, and, with the accompanying re­ endar from the further consideration of the bill (H. R. 3727) and put port, ordered to be printed. it upon its passage. Mr. STEELE. Mr. Speaker, this being private-bill day, I demand HARRISON SWANGO. the regular order. Mr. STONE, of Kentucky, also, from the Committee on War Claims, Mr. SHAW. I hope the gentleman will not insist upon that demand reported back with a favorable recommendation the bill (H. R. 2351) for a few moments. for the relief of Harrison Swango; which was referred to the Commit: Mr. STEELE. This is the only day for private business, and I feel tee of the Whole House on the Private Calendar, and, with the accom­ compelled to insist. panying report, ordered to be printed. The SPEAKER pro tempore. The regular order is the call of com- - WILLIAM BUSHBY. mittees for reports on private bills. Mr. STONE, of Kentucky, also, from the CoiDJ!littee on War Claims, ROBERT F. ARNOLD. reported a bill (H. R. 8271) for the relief of William Bushby; which Mr. LANHAM, from the Committee on Claims, reported a bill (H. was rea,d a first and second time, referred to the Committee of the R. 8270) for the relief of Robert F. Arnold; which was read a first and Whole House on the Private Calendar, and, 1vith tpe accompanying re­ second time, referred to the Committee of the Whole House on the port, ordered to be printed. Private Calendar, and, with the accompanying report, ordered to be JOAB BROWN. printed. STONE, of Kentucky, also, from the Committee on War Claims, ROBERT F. WILLIA1\IS & CO. M~. reported back with a favorable recommendation the bill (H. R. 3731) Mr. LAIDLAW, from the Committee on Claims, reported back favor­ for the relief of Joab Brown; which was referred to the Committee of ably the bill (H. R. 6492) for the relief of Robert F. Williams & Co.; the Whole House on the Private Calendar, and, with the accompany­ which was referred to the Committee of the Whole House on the Pri­ ing report, ordered to be printed, vate Calendar, and, with the accompanying report, ordered to be printed . . T. J. PITZER. JOHN D. :M.AXTED AND ROBERT J. NEWCOMBE. Mr. STONE, of Kentucky, also, from the Committee on War Claims, Mr. LAIDLAW also, from the Committee on Claims, reported back reported back with a favorable recommendation the bill (H. R. 2335) favorably the bill (H. R. 878) for the relief of John D. Maxted and for the relief ofT. J. Pitzer; which was referred to the Committee of Hobert J. Newcombe; which was referred to the Committee of the Whole the Whole H-t!use on the Private Calendar, and, with the accompanying House on the Private Calendar, and, with the accompanying report, or­ report, ordered to be printed. dered to be printed. PEREZ DICKINSON. CHARLES F. SWAIN. Mr. STONE, of Kentucky, also, from the Committee on War Claims, 1\'Ir. LAIDLAW also, from the Committee on Claims, reported back ·~ reported back with a.-favorable recommendation the bill (H. n. 6346) favorably the bill (H. R. 6404) for the relief of Charles F. Swain, mas­ for the relief of Perez Dickinson, surviving partner of Coman & Dickin­ ter of the bark Philena; which was referred to the Committee of the son; which was r_eferred to the Committee of the ·whole House on the Whole House on the Private Calendar, and, with the accompanying Private Cale:qdar, and, with the accompanying report, ordered to be report, ordered to be printed. printed. LOWl\:I.AN & CO. F. H. BATES. Mr. BOWDEN, from the Committee on Claims, reported back favor­ Mr. HEMPHILL, from the Committee on the District of Columbia, ably the bill (H. R. 6491) for the relief of Lowman & Co.; which was reported as a substitute for the bill H. R. 5861, a blll (H. R. 8:272) to referred to the Committee of the Whole House on the Private Calendar, provide fot the payment of F. H. Bates as military instructor at the and, with the accompanying report, ordered to be printed. Washington High School, District of Columbia; which was read a first MESSAGE FROM THE SENATE. and second time, referred to the Committee of the Whole House on tho Private Calendar, and, with the accompanying report, ordered to be A message from the Senate, by 1\Ir. McCooK, its Secretary, notified printed. the House of the passage of a bill (S. 181) granting pensions to ex-sol­ diers and sailors who are incapacitated for the performance of manual The bill H. R. 5861 was laid on the table. labor, and providing for pensions to dependent relatives of deceased HENRIETTA C. DAVIE. soldiers and sailors; in which concurrence was requested. On motjon of Mr. HEMPHILL, by unanimous consent, the claim of ALBERT GREENLEAF. Henrietta C. Davie and Report No. 634, of the Committee on War Claims, together with a report of the Court of Claims, were taken from the table, Mr. SHAW, from the Committee on Claims, reported back with a. and referred to the Committee on Claims. favorable recommendation the bill (H. R. 3726) for the relief of Albert Greenleaf· which was referred to the Committee of the Whole House on ORDER OF BUSINESS. the Private Calendar, and, with the accompanying report, ordered to The SPEAKER pro tempore. The call of committees for repor~ bas be printed. been completed; If there are any other reports to be made the Chair THOMAS B. M1ELWEE. will recognize gentlemen for that purpose. Mr. SHAW also from the Committee on Claims, reported back with CLAIMS UNDER BOWMAN ACT. a iiworable recomxhendation the bill (H. R. 1080) for the relief of Thomas B. McElwee; which was referred to the Committee of the Whole Honse Mr. STONE, of Kentucky, from the Committee on War Claims, 1·e­ on the Private Calendar, and, with the accompanying report, ordered ported a bill (H. R. 8273) for the allowance of certain claims for stores to be printed. and supplies taken and used by the United States Army, as reported HEIRS OF HENRY LEEF. by the Court of Claims under the provisions of the act of March 3, 1883 known as the Bowman act; which was read a first and second Mr. SHAW also, from the Committee on Claims, reported back with time: referred to the Committee of the Whole House on the Private a favorable recommendation the bill (H. R. 3734) for the relief of the Calendar, and, with the accompanying report, ordered to be printrc1. heirs of Henry Leef, deceased, owner of the bark Mary Teresa, illegally seized by Alexander H. Tyler, consul of the United States at Bahia, RICHARD W. M11\1ULLIN. Brazil; which was referred to the Committee of the Whole House on Mr. STONE, of Kentucky, also, from the Committee on War Clains, the Private Calendar, and, with the accompanying report, ordered to reported back with a favorable recommendation the bill (H. R. 6613)_for be printed. the relief of Richard W. McMullin; which was referred to the Commit­ JAMES DEVL.~. tee of the Whole House on the Private Calendar, and, with the accom-· Mr. LAWLER, from the Committee on War Claims, reported back panying report, ordered to be printed. 1888. CONGRESSIONAL RECORD-HOUSE. 1893

.AL:r.ION :r.I. TOBEY. B. C. KUEHLING• Mr. LAIRD, from the Committee on Military Affairs, reported back 1\ir. HAYES, from the Comm.itt€e on Accounts, presented a privi­ with a favorable recommenaation the bill (H. R. 2537) to remove the leged report, as follows: charge of desertion against Almon M. Tobey; which was read a first IN THE HOUSE OF REPRESEKTATIVES, January 23, 1888. and second time, referred to the Committee of the Whole House on the Resolved, That the Clerk of the House be, and be is hereby, authorized and Private Calendar, and, with the accompanying report, ordered to be directed to pay out of the contingent. fund of the House of Representatives to B. C. Kuehling the sum of $40, being the amount due him for services rendered printed. as locksmith of the House of Representatives from January 18 to January 28, JAMES EV.ANS. 1886. The Committee on Accounts, to whom was referred a resolution submitted Mr. LAIRD aJso, from the Committee on Military Affairs, reported by Mr. 111ATSON, authorizing and directing the Clerk of t.he House to pay out of back with a favorable recommendation the bill (H. R.llOl) to remove the contingent fund to B. 0. Kuehling the sum of $40 for services as locksmith the chruge of desertion from James Evans; which was referred to the of the House of Representatives from January 18 to January 28,1886, have had the same under consideration and report as follows: Committee of the Whole House on the Private Calendar: and, with the That on January 18, 1886, the then blacksmith died, and no appointment was accompanying report, ordered to be printed. made nor the vacancy filled until January 29, 1886, during which interval, and for a period of ten days, the said Kuehling filled the position with efficiency LIEUT. JAMES O'ROURKE. and performed the duties incident thereto, for which be bas received no com­ pensation; and that the sum of $4.0 is the usual and reasonable compensation Mr. LAIRD also, from the Committee on Military Affairs, reported for such service. But, as this is a deficiency of a prior Congress, aqd the a-mount back with a favorable recommendation the bill (H. R. 6407) correcting is not properly chargeable to the contingent fund of the House, your committee report the !

;f the Court of Claims, and I find it stated that some official of the M:anassas. With tbatexception I can not recall a month or a week or Government has said the sum allowed would be a suitable rent. I a day when the proximity of the Confederate army would have inter­ should like to know what was the situation of this institution with re­ fered with the operations of this institution. gard to the military lines of the United States, what possible rental Mr. KENNEDY. Mr. Speaker, I voted the other day to ingraft could have been obtained for the buildings at that time, whether it was this claim on the pending bill, because I was led to believe the matter possible in any way for the seminary to continue its work, the build­ had been referred to the Court of Claims with a view to the final action ings being so near the line, and therefore, whether any rent was in fair­ of that court with regard to it. On the contrary, I find it was simply ness and justice dne. I do not find that the Court of Claims made any referred to the Court of Claims in order that they might determine the report which answers these questions. It seems that the Government value of this rental and as to its occupancy-referred on agreement­ expended money to put these buildings in proper order before they were and therefore the court found nothing except as to the matters referred delivered into the possession of the people to whom they belonged. to that court by agreement. Mr. RICHARDSON. On last Friday afternoon the amendment of I was also led to believe theSecretaryof War, Mr. Stanton, hadrec­ the gentleman from Virginia was discussed for some time in Committee ommended the payment of this claim. I find, on the contrary, that is of the Whole and was adopted by a vote of, I believe, 102 in the affirma­ not the fact; that there is not in this report any recommendation by tive ::u:ld 56 in the negative, after, perhaps, an hour's discussion. I do Mr. Stanton. I was led to infer the seminary and other buildings were not now undertake to make any point of order against further discus­ not occupied and used for educational purposes. I find by the Jetter sion, but I do submit that underthe demand for the previous question, accompanying this report of George Suckley, brigade surge:m, that one made by the gentleman from Kentucky, debate is not in order upon the of these buildings has until recently been occupied as a young ladies' amendment. If the gentleman from Kentucky withdraws that de­ boarding-school, evidently having the idta they were not after this used mand, I am willing, so far as I am concerned, that there should be as a. young ladies' boarding-school, and the students were not there. further debate. :M:r. LEE. These buildings have nothing to dowit.h the young ladies' Mr. REED. It seems to me this matter should be thoroughly boarding-school, which is perhaps a mile away. cleaxed up, because while $20,000 would be a very small affair for the Mr. KENNEDY. In the bill herewith appended as a part and parcel United States, the decision on this question may involve a. principle of of the bill, these articles are named as a part of the rent: great importance. High School buildings (six in number) $1,200per year, four years...... $4,800 Mx. RICHARDSON. The gentleman from Kentucky made the de­ I do not understand that the theological seminary and the high mand for the previous question; and I can not withdraw it. school att:J.ched to it ever had a young ladies' boarding-school attached The SPEAKER pro temp01·e. The Chair will state that the demand to them. I may be mistaken. for the previous question was made last Friday, and was voted down. Mr. LEE. The gentleman bas been led unintentional1y into error. 1\lr. REED. In that event, the matter is open for discussion now. Mr. KENNEDY. Then somebody else must be in error, for this is The SPEAKER pro tempore. It is. included in the bill as a part of the claim. Mr. REED. I de..Union Army. The State had seceded only two days before, and it was debated at very considerable length; speeches were made for it these trustees followed the retreating Confederates. and against it. Mr. LEE. Look at the report of the Court of Claims and see if it This whole question of loyalty was gone over and the question as to does not state what I have said. whether Alexandria was loyal or disloyal territory was carefully con­ Mr. JOSEPH D. TAYLOR. If the gentleman will find it for me in sidered. The question of jurisdiction which I now raise was not raised the report I shall be glad to read it. I have not seen any such state­ or discussed at that time, but the question whether Alexandria was un­ ment. I think, Mr. Speaker, we had better consider well what weare der the control of the National Government by force of war or whether about to do, where we shall be led if we adopt the policy of paying for it was recognized loyal territory, where the people were adhering to the use and occupation of real estate by the Army during the war of the GDvernment, was raised and considered. The loyalty of the semi­ the rebellion. We shall have to follow Sherman to the sea. We shall nary itself was considered. have to follow Grant to Appomattox. We shall have to follow the The State of Virginia had seceded jnst two days before the Govern­ armies of the United States up and down the Shenandoah Valley, and ment took possession of these buildings. That State had gone out of everywhere between the Mississippi and the Atlantic where the Union 1896 CONGRESSIONAL RECORD-HOUSE. MARCH 9, armies marched or fought we will find clai.!:ns of this kind. If we are "Besides, I do not believe that for healthiness of locality or excellence and suitableness of buildings the general hospital at Alexandria can compare with going to pay for the use and occupation of real estate, for the houses the seminary buildings in our camp. This I understood Dr. Magruder, who occupied, for the churches used as hospitals, for the forests cut down visited us yesterday as acting medical inspector1 is also his opinion. Dr. Ma­ by the armies of the United States during the war-if we are going to gruder went further in saying tha.t, as a hospital building, the theological seminary exceeds in structure and advantages any other now in use in the De­ pay for all these things we shall have a very large contract on our partment of the Potomac. hands. Mr. Speaker, I insist that, so far as this claim is supposed to .. • "' * * * have any merit because it was referred to the Court of Claims, this de­ "I am, sir, "GEORGE SUCKLEY, lusion be removed. It harl no right to go before that court; it never "Brioade Bu1·geon. had anv business there. •· Surgeon CIIA.RLES S. TRIPLER, U. S. A. The Court of Claims had no right to consider it. They had no juris­ diction over H, and I am surprised that the Attorney-General never "HEADQ.UARTERS ARliiY OF TllE POTOMAC, made that point when the case was pending. It seems to have been "MEDICAL DIRECTOR'S OFFICE, referred to the court by the committee with some two hundred other "Washington, .August 28, 1861. "Sm: Your leLter of August 25 is received. We are authorized to establish cases, doubtless by mistake. I presume the committee did not con­ the hospital you propose, and consider it an aggregation of the regimental sider the fact that this was not the kind of a claim that was to be re­ hospitals of your brigade. The sick will be attended to by the medical officers ferred to that court. It probably did not occur to them at the time that of the several regiments under your supervision. "Very respectfully, your obedient servant, it was the very kind of claim that was prohibited from being so referred. "CH. S. TRIPLER, Mr. WARNER. I wish to ask the gentleman whetherthisclaim was "Surgeon and Medical Di1·ecto•·, U. S. A. referred to the Court of Claims by the Committee on War Claims or by "Brigade Surgeon GEORGE SUCKLEY, a special act of Congress? If it was referred by a special act, that act "Kearny's Brigade, Episcopal Seminary, Alexandria, Va." might have conferredjurisdiction upon thecourtto pass upon the c·ase. 1\ir. HOPKINS, of Illinois. I desire to ask the gentleman from Vir­ Mr. JOSEPH D. TAYLOR. It was referred to the Court of Claims ginia whether this claim is included in the bill reported by the Com­ in the second session of the Forty-eighth Congress by the Committee on mittee on War Claims to the House? "'War Claims with more than two hundred others. I have now in my Mr. LEE. It is an amendment adopted in the Committee of the hand the reference of it by the committee, among other claims. I hold Whole. the list in my hand. 1\Ir. HOPKINS, of Illinois. Has this claim ever been considered by 1\Ir. BOWDEN. Does not the gentleman admit that, in view of the the Committee on War Claims? decisions of the United States courts that this very portion of the State 1\Ir. LEE. I understand it has, and that it is sustained by a. unani­ of Virginia was not a seat of war, and that the whole of the country mous report of the committee. that was represented in what was known as the Peirpont government Mr. REED. In this Congress? was as much a part of the United States as any part north of Mason Mr. LEE. That is my understanding. The chairman of that com~ and Dixon's line? mittee [Mr. STONE, of Kentucky] is present and can answer the ques­ Mr. REED. Iwillgivethegentlemanfrom Virginia[Mr. BowDEN] tion. time to explain that view if be desires it. Mr. REED. I can find no snch report. Mr. JOSEPH D. TAYLOR. I say to the gentleman that the whole Mr. LEE. The chairman of the committee can state bow the mat­ State of Virginia. had seceded and gone out of the Union, and was out­ ter is. side so far as that act could make it so, except in so far as the proclama­ Mr. HOPKINS, of Illinois. I have been endea\Ol'ing to find some tion of Abraham Lincoln restored certain portions of it, in which this report from a committee submitting this matter to the Honse, and have was not included. not found any. 1\Ir. BOWDEN. Of which this was a parb. Mr. LEE. Well, the chairman of the committee will answer as to that. l\Ir. JOSEPH D. TAYLOR. This was rebellious territory; it was 1\fr. KENNEDY. I have understood the gentleman from Virginia. the seat of war; it was the place to which our armies had marched, and [Mr. LEE] to say that those who were occupying these buildings at the where they were located while they were engaged in carrying on the time they were taken possession of uy the Government were minislers war for the restoration of the Union. of the gospel, were at the head of a theological seminary. [Here the hammer fell.] Mr. LEE. That is my understanding. Mr. LEE rose. Mr. KENNEDY. And thattheywereprayingalikc for Federals and 1\Ir. REED. How much time does the gentleman desire? Con federates. · Mr. LEE. Only a few minutes. .Mr. LEE. I do not think it is worth while now to go into that sub­ .Ir. REED. I yield five minutes to the gentleman from Virginia ject. [Mr. LEE] . Mr. KENNEDY. I find in the report a letter from William Spar­ .Mr. LEE. 1\fr. Speaker, I dislike to go over the same argument that row, which states-- I made here a week ago to-day, but I will restate it briefly. We claim ThE; SPEAKER pro tempore. The five minutes of the gentleman from i hat the region under discUEsion was United States territory during Virginia [Ur. LEE] have expired. ihe whole war, just as much so as the city of Washington or New York Mr. RICHARDSON. I ask the gentleman from 1\faine [Mr. REED] or Philadelphia, and that if any property taken for the use of the to allow me one minute for a brief explanation. Unitecl States armies in any section of the United States i~ justly paid Mr. REED. I yield one minute. 1or, it would be equally just to pay for this property which they oc­ Mr. HOPKINS, of illinois. Before the gentleman from Virginia cupied and nsed across the Potomac River. [Mi-. LEE] sits down I wish to ask him another question. Now, Rir, in reply to my friend who bas just taken his seat [Mr. Mr. REED. I give the gentleman from Virginia five minutes more. JosEPII D. TAYLOR], I wish to say that it bas been stated to me upon 1\fr. LEE. I am much obliged to the gentleman. authority, and I believe it to be true-I was not there, but I believe it Mr. HOPKINS, of Illinois. I wish to ask the gentleman from Vir­ to be true-that when the United States Government took possession ginia this question: If this claim bas been considered by the appropri­ of these buildings the school was in successful operation, the institu- ate committee and reported in s.ome other bill, why are we now con­ 1 ion was carrying on its regular business, and I find in the report of the sidering it upon this bill? Why should the legislation proposed in the Court of Claims a letter from Brigade Surgeon George Suckley, written pending bill be lumbered up or weighted down by this claim? on the 25th of August, 1861. Mr. LEE. I will say to the gentleman-- On that day Brigade Sut'2"eon George Suckley addressed the following com­ Mr. STEELE. When this claim was offered as an amendment in munication to the medical director, which was approved and carried into effect Committee of the Whole a point of order was made npon it, which the in the manner indicated by the letters following: Chair sustained; and then the amendment was admitted by unanimous "Hn:ADQ.UARTERS BRIGADE NEW .JERSEY VOLUNTEERS, "Near .Alexandda, .August 25, 1861. consent. •• Sm: I have the honor to report that there are now within the limits of the Mr. LEE. I bopetheseintcrruptionswillnotbetakenoutof my time. encampment of this brigade several buildings in every way suitable for hospital The SPEAKER pro tempore. The gentleman from Virginia is en- purposes. One, the Episcopal Theological Seminary, is a fine, large, new build­ titled to proceed without interruption. ing, in a commanding and healthy situation, capable of giving good accommo­ dation to at least two hundred men. Another has until recently been occupied Mr. RICHARDSON. I ask just one moment. as a. young ladies' boarding-school. Mr. LEE. I yield to the gentleman. I would say to my friend that that building had no connection what­ :M:r. RICHARDSON. In answer to the question propounded by the ever with the theological seminary. It simply happened to be within gentleman from illinois [Mr. HOPKINS] the gentleman from Virginia the limits of this brigade, just as the grounds of the theological sem­ made a reply which was misleading, though of course the gentleman inary were. from Virginia, as I know, bad no such intention. But in point of fact, ''It contains several good-sized rooms suitable for offices, etc., and in addition as I am informed by the chairman of the Committee on ·war Claims, a large dormitory, containing 80 bedsteads, with mattresses, etc. thi!? claim has not been reported by the Committee on War Claims in "With the material we thus have at hand, one of the principal objections against the establishment of a brigade hospital-its cost. to the Government-is this Congress, though it was reported by that committee in the Forty­ almost entirely done away with; and when we consider the advantages to be ninth Congress. The gentleman from Virginia said be thought the gained by having such a hospital in this particular brigade, I can hardly doubt claim had beep. reported in this Congress. lt has not, as I understand, but that the commanding general will, upon your recommendation, order its ro-'.Ognition. bee.n referred to that committee at this session. There is no pending bill for the payment of this claim. 1888. CONGRESSIONAL RECORD-HOUSE. 1897

Mr. LEE. !said I was willing the chairman of the committee should to have this claim paid on the ground that this theological seminary answer that question. was noli on insurrectionary territory. I will answer his question fully Mr. RICHARDSON. He has informed me that the claim has not by an authority that ought not to be questioned, and I will meet the been reported in this Congress. position he now takes by a case clearly in point. The chairman of the Mr. HOPKINS, of Illinois. I wish to ask the gentleman from Vir­ Committee on War Claims in the Forty-third Congress, on the 22d of ginia whether it would not be better to postpone the further considera­ June, 1874, made a report in regai"d to the very point which the gen­ tion of this claim until we can get a report from the committee. tleman from Virginia [Mr. LEE] now makes, and the case is a much 1\Ir. KENNEDY. I desire to know this: If the ministers of the gos­ stronger one than his. An officer oftbeGovernment tookpossessionof .1 who are stated to have been in charge of this institution were inside the buildings of the Monnt Vernon Manuf~.cturing Company, of Alex­ ~ne Union lines, were pmying for both sides alike, and were loyal, why andria, Va., under a promise to pay a stipulated price for their use and was it necessary for them to take the oath of allegiance at the end of occupancy. the war? This, too, was a corporation, and if this is any advantage this case Mr. LEE. Because they were required to do it, I suppose. bas the benefit of it. This property is also located at Alexandria, and 1\fr. KENNEDY. Was that an indication oftheir loyalty during the was used during the same period for a prison in which to confine rebel time those buildings were occupied? prisoners. It was held, by the Forty-third Congress, that this rent Mr. LEE. At the close of the war there were a great many forms could not be paid, although there was an express contract to pay it, we were required to go through with which we thought unnecessary. for the reason that Alexandda was in a State proclaimed in insurrec­ Mr. KENNEDY. I submit that the fact I have mentioned was one tion and that this property was occupied during flagrant war. The indication of-the disloyalty of those men. President's proclamations did not remove the embarrassment the least, Mr. LEE. No, sir; I should not think so. I do not know that a as Alexandria was not rescued from the insurrectionary territory. corporation can be disloyal, especially a theological corporation. This case is in point and will am:twer the gentleman's position and 1\Ir. KENNEDY. I am talking of those persons who were in charge show a precedent that is worthy of consideration by this House, and of the institution at the time of the war. it shows conclusively that Alexandria was not considered loyal terri­ Mr. LEE. I will say to the gentleman that the three professors who tory. had entire charge of the educational affairs of the seminary were Dr. This claim was not based on a mere matter of occupancy, bnt was William Sparrow, from the State of Massachusetts; Dr. Joseph Pack­ basedonacontradunder which the Government took possession of it and ard, from the St:lte of Maine, and Dr. May, from the State of Penn­ held it and occupied it. Yet, sir, and notwithstanding this, the Forty­ sylvania. I should think the localities from which these gentlemen third Congress denied pa.yment of the claim, under the law of 1867, came would be a sufficient answer as to their loyalty. upon the ground that the property was on insurrectionary ground. Mr. KENNEDY. The letter from Mr. Sparrow, to which I have That was the decision of the Forty-third Congress upon a claim involv­ referred, says, ''the bishop and all the other tl·ustees of the seminary'' ing tbe identical question which is now before this House; and if that took the oath of allegiance. deciSion was right-and tb~emust bevery_littledoubt about it, as the Mr. LEE. Well, possibly the bishop was a trustee; I really do not city of Alexandria was certainly then in the Southern Confederacy and know who the trustees were. Dr. May, Dr. Sparrow, and Dr. Packard was not embraced in the twenty-eight or twenty-nine counties which were the professors. constituted West Virginia-is it possible that we have no right to pay Mr. KENNEDY. Let me read this brief extract from the report: for the use and occupancy of a building in Alexandria, taken possession Perhaps it may be proper for me to add that the bishop and all the other of under a contract, and yet have a right to pay for a building taken trustees of the seminm·y, so far as I know or believe, have qualified themselves possession of after the trnstees had gone into the rebellion, both being to act in this official capacity by taking the oath of allegiance to the United corporations and both in the same locality? States. Mr. Speaker, in regard to the l?amgraph which the gentleman from * * * * I am, dear sir, your friend and servant, Ohio read, which showed that the board of trustees took the oath of WILLIAM SPARROW. allegiance, I desire to say that no demand was made upon them to do Hon. Secretary STANTON, so, but this statement as to the oath of loyalty was incorporated in Washington. their application for the possession of the buildings in July, 1865, when Mr. LEE. Well, the gentleman knows, I presume, that just after the property was still in the possession of the Government and when the war there were a great many oaths required which some gentle­ they desired to rerossess it. The proprietors desired to reoccupy it, men may have thought unnecessary. [Laughter.] and made an application to get possession of it, bnt not a word was said Mr. SPOONER. The gentleman from Virginia [Mr. LEE] will per­ in that application about rent. All they then wanted was the property. mit me to say that it is not a matter of any importance whether these It is shown in claimant's petition that the Government spent $900 in trustees were loyal or disloyal-- repairs and in pdting the buildings in order before turning them over 1\fr. LEE. I did not wish to go into that. to the trustees. Mr. SPOONER. Because they were trustees for the benefit of the I have no object in presenting these statements t.2yond a desire to cestui que t1·ust. state the facts as they exist, and to put the House on its guard in re­ 1\Ir. GROSVENOR. Who was the cestui que trust? lation to a precedent that might be dangerous in the future. And as Mr. SPOONER. Those for whose benefit the institution was run. these facts had not been sta.ted by those in charge of the bill, I deemed Mr. GROSVENOR. Who were they? it proper to present them. Mr. SPOONER. The theological students. Mr. REED. I now yield five minutes to the gentleman from Ohio l\1r. KENNEDY. They were in the rebel army. [Mr. GROSVENOR]. Mr. SPOONER. No, sir; on the contrary, many of them were from 1\fr. GROSVENOR. 1\fr. Speaker, after this long debate, and after the Northern States, some from my own State. As I understand, a this interval of a week has elapsed, there seems to be no concentrated large proportion of them were from the Northern States. opinion as to the facts in this case. I admonish the gentleman from Mr. LEE. From the catalogue of the seminary it appears as a fact Virginia [Mr. LEE] in placing his claim on the new and distinct ground that of the students who have been graduated at the institution more he occupies to-day be is hazarding a result which I am sure be would were fromwbnt were formerly known as the Northern States thanfrom not seek. I think that ultimately we will conclude there ougl:li to be the Southern States. If there was any politics or any sectionalism in an examination and report from the Committee on War Claims q,u this this institution it is news to me. particular item or claim. 1\fr. HOPKINS, of Illinois. I ask whether the gentleman from Vir­ To begin with, the gentleman states it is his opinion that at the time ginia would not be willing to postpone the consideration of this claim this occupancy was begun by the Government these buildings were in until it bas been reported upon by a committee. occupation of this corporation, and their businessof delivering lectures Several MEMBE:RS. No, no. and teaching their students was going on. The gentleman must be Mr. LEE. I will ask the gentleman from Illinois [Mr. HOPKINS] mistaken, for two reasons: first, it was in August, and I should like to to put himselfin my place. Suppose be had a bill or a claim tbns far know when a theological seminary down in Virginia was going on with advanced through the House, being so near the fruition of his hope their regular business on the 25th day of August? In the next place, and the accomplishment of what he considered j nstice, would be regard I find in a report at the time the hospital was turned over to the Gov~ it as reasonable and right if I should ask him to withdraw the claim ernment, the officer in charge, and who applied for authority to take from the consideration of the Honse? [Laughter.] the property, says he has no knowledge, when be was ready to return Mr. HOPKINS, of Illinois. If I had a bill which I thought would it, whether or not any of the effects now in the hospital were in it at_ not stand the test of an examination by a committee-- the time they took possession, showing tl1at it was an occupation ot Mr. REED. We are giving this claim "the test of an examination" empty buildings standing there, and that was all there was of it. here. Let us be fair about this matter. Again, when this surgeon of New Jersey volunteers made his appli­ I now yield five minutes to the gentleman from Ohio [Mr. JoSEPH cation to the War Dep:utment for authority to take possession of this D. TAYLORl. building, what he does not say is conclusive to my mind of the facts Mr. JOSEPH D. TAYLOR. Mr. Speaker, as I understand the posi­ which I believe to be true. His silence is stronger affirmation of our tion of the gentleman from Virginia, he does not now ask the payment position than any other fact which the record discloses. It can not be of this claim upon the basis of any decision which the Court of Claims presumed fairly that be failed to make known the most important fact may ha"\lia made or anything that the court ever did; he bases the right connected with the proposed occupation.

·.

,• 1898 CONGRESSIONAL RECORD-HOUSE.· MARCH 9,

He says: tably have been destroyed but for the protecting hand of the Govern­ I ho:ve the honor to report that there are now within the limits of the encamp­ ment, and whicb.bad been abandoned by their officers and owners, who ment of this brigade several buildings, etc. bad gone into the rebei army and were fighting tho Government. He then goes on and simply asks leave to take possession of the build­ Mr. REED. I now yield five minutes to the gentleman from Vir­ ings in question for the purpose specified. No"!", does anybody believe ginia [Mr. O'FERR.ALL]. that if there bad been a bishop there, if there had been students or Mr. O'FERRALL. Mr. Spea.kcr, in answer to the gentleman from professors or any organized body in charge of that institution~ that be Ohio [Mr. JosEPH D. TAYLOR] that this claim is not covered by the would have omitted to say to the War Department that it is in the Bowman act, I wish to state that it is for Tent and occupation, and not occupation of a corps of theological teachers? for the destruction or damage of property. The gentleman will see It is not to be supposed· for a moment; and I conclusively assume the distinction. therefore the faCts to be against the condition of affairs assumed by As to the point that this case has never been passed upon by a com­ the gentleman from Virginia [Mr. LEE], apparently without peTsonal mittee of the lionse, I wish to state to him that it was passed upon by knowledge. the Committee on War Claims in the last House-Forty-ninth Con­ Now, it was stated the other day that the State of Virginia bad not gress. seceded at that date, that she did not go out until June, as I under­ Now·, fr. Speaker, if this property were located in any Northern stood. That is my understanding of history whatever may be the un­ Stat«;>, not in rebellion or insurrection, there could be no question as to derstanding of gentlemen who were there. The actual vote upon the the right of these parties to 1·ecover. ordinar;ce of secession did not take place until the 25th of June. I I propose to produce right now the decision of the Court of Claims admit, :Mr. Speaker, and it is a matter of history, and as such I may well which shows that this was loyal tenitory from July, 1 G1, to the close refer to it, that while it is true no ordinance of secession bad been agreed of the war. I have before me the decision in the case of Hefiebower to by the people of Virginia, General Robert E. Lee did issue an order vs. The United States, 21 Court of Claims Reports, 18 5-'86. After assuming command of the a1·my on the 23d day of April, 1861; and it speaking of the various kincts of territory, some in in urrection, some is a matter of history that can not be disputed, that at that time the not in insurrection, some held by the Army, and as long as held by the State of Virginia was for all purposes of the Confederacy out of the Army loyal, the court goes on to say. Union and did not need to depend upon the ordinance of secession to But there was still another kind of territory which has already been a subject be agreed upon in con>ention or ratified by the people. So when you of <'On!'ideration: a narrow strip of Virginia embracing the towns of Alexandria. go into these Virginia dates you will find that theTe was most likely and -orfolk:, which was declared in insurrection, but which almost immedi­ decided irregularity in procedure. ately was recovered by the forces of lhc Goverument. Tile peculiarity of its status is that within it sat the recognized loyal government of Virginia, the Men were carried out of the Union by the force of the operations of only government which consented to the cession of\Vest Virginia, and that each their States, we are told, when in point of fact the State was in the of the Houses of Congress recognized it; as loyal territory by the admission of Union anu they were carrying the flag out of the Union in advance of Senators and Representatives as early ns July, lSGl. any action of the State. Leading and distinguished statesmen and sol­ So that the Congress of the United States, according to this decision diers went on t ahead and beckoned to their States to follow on. When and according to the language of this juctgeof the Court of Claims, rec­ secession collap~ed and the terrible blow of failure came they plead in ognized this as loyal ten·itory as early as July, 1861, and admitted rep- mitigation that they "went with their States." resentatives in both branches of Congress from that territory. · [Here the hammer felL] This property was not occupied until August, 1861, one month or Mr. REED. I will yield the gentleman two minutes longer. more after this bad been recognized as loyal territory by the admission Mr. GHOSVENOR. I desire now further to say, Mr. Speaker, that of representn.ti>es on this :floor and in the other branch of Congress. so fitr as the question of loyalty is concerned, this claim is not author­ If this be the case, can there be any question as t.o tl1e rightofthese ized by the report of the Court of Claims. They dicl not pass upon it. parties to recover again t the GoYernment? As far as the disloyalty of Mr. LEE. Will the gentleman allow me-- the trustees is concerned, I know not, nor do I caxe. I lay down the ::M:r. GROSVENOR. If it does not come out of my time, as it is very bro::td proposition that no matter how disloyal trm;tees may be that . brief, I will yield to the gentleman. can not affect the beneficiaries under the trust. These parties held this 1\Ir. LEE. On the question of the loyalty of a corporation I would seminary for cimrcb purposes. It belonged to the Episcopal Church of like to have the gentleman's opinion. I do not profess to be lawyer the Unite:d States, as I understand; and I do not suppose there has e>er enough myself to ad vise upon it. been any decision holding that the Epi copal Church of the United 1\fr. GROSVENOR. I am combg to that. Is it possible attbislate States was disloyal. These parties were mere tru tees, ho)ding the prop­ day that it is necessary to argue that the members of a corporation, its erty for the benefit. of the church ::md for church purposes. managers, directors, trustees, whatever they may call themselves or Then, if it was loyal territory, I repeat, according to the decision of whoever they are, may give the cbamcter of disloyalty ta the corpora­ this court and according to the decisions of the Congress of the United tion? Why, gentlemen say, ''What can a corporation do?'' I will tell States, from July, 18Gl, on until the c]o e of the war, it was certainly them: A corporation can violate the police regulations of this city and loyal territory in August, 1 61, when this property was taken posses­ be fined for it; a corporation may sell liquor in violation of the law and sion of by the Union troop , by the United States Government. be fined; a corporation may violate the laws of the connh·y anywhere Ur. BURROWS. Will the gentleman permit me to ask him a ques­ and everywhere :md be fined, and their officers imprisoned for it. The tion? laws of this country attach to and impute to the intangible thing known 1r. O'FERRALL. Yes, sir. as a corporation the conduct of the officers of the corporation, in so far Mr. BURROWS. In what county was this property situated? as their acts involve a violation of the laws of the country. Mr. O'FE!\RALL. In the county of Alexandria. Now a word further. Why do not these gentlemen tell us who this Mr. BURROWS. Does my friend know that a proclamation was issued corporation was? They have mentioned three distinguished te.."tChers in 1862 by Abraham Lincoln, declaTing what 'tates were in insnrrec­ hired from NortbernStates to come down here to teach. Will they not tiou against the Go>ernment of the United State , and that that proc­ give us the statement of when these men were last paid? I will un­ lamation did not exempt the county of Alexandria.? dertake to say they never bad a dollar paid during the summer of Ir. O'FERRALL. I do. I know there was a proclamation is ued 1861, nor again until after 1865, and their loyalty or disloyalty has no which embraced a numbex of counties now known as West Vhginia, possible effect upon the question under consideration. The question is, and two counties afterwards were added, I believe the counties of who was this corporation? Who were its members? What are their Berkeley and Jefferson; but here was the Congress of the United States, names? Why after all this week of delay do not gentlemen tell us? I which was above the President, holding that this territory acros the think if we could get their names we should :find them with a Yariety ·river, within the picket-lines of the city of Wa hington, was loyal ter­ of prefixes to them. We should find them with general so-and-so, and ritory. I bold that is over and above any proclamation of the Presi­ colonel so-and-so, and doubtless would find that their names stand very dent. high up on the scrolls of fame in the annals of the Southern Confeder­ 1\Ir. JOSEPH D. TAYLOR. Why was it that the claim of the Mount acy. I protest against the payment of this claim. I denounce it as a Vernon Manufacturing Company, situated in the same territory as this, claim for damages and remuneration for the ravages of war. It belongs was never t>aid? to a class of daim.s dangerous in character, and I as ert that the pay­ Mr. O'FERRALL. I am not familiar with that claim aml can not ment of this claim will open the door to an endless line of claims, such answer the gentleman's question. If I bad an opportunity of examin­ as we have never paid and never ought to pay. It will herald the ing the case, I might be able to answer it and answer it satisfactorily. dawning of the day we have so long foretold. Mr. BURROWS. Will the gentleman from Virginia, permit me anothe1· You may as well come and ask for pay for the rental of the hotel word? I want to get at the facts. Under the proclamation of July, where Ellsworth fell. Yon may as well ask for damages because the 1862, this territory in which this property is situated was declared by blood of Ellsworth trickled upon the floor of that building. I protest­ the President of the United States to be hostile territory. In the samo and it is the last word I have to say about it-by the authority of the case from which the gentleman from Virginia read the court said the concurrent action of this Government from the beginning of these claims responsibility of declaring what portions of the country were in insur­ down to the present time; I protest against the payment of this claim, rection and when the insunection came to an end belonged to the Presi­ dangerous as a precedent and without merit upon its own showing. It dent; that it rests with the Executive to determine what is hostile ter­ is a claim in 1act that ought to be stated to be a payment of $20,000 ritory. for the preservation in good ~ondition of buildings that would inevi- :Mr. O'FERRALL. I do not see that that MlBwers what I have read 1888. CONGRESSIONAL RECORD-HOUSE. 1899 fr

state of facts. In pe.'\Ceful territory, where civil laws are having their one where jurisdiction, or the want of it1 appears upon the face of full weight and are c'lrried out to their full extent, a government, in the record), where, in other words, certain facts are to be ascertained time of war as in time of peace, pays for whatever it takes; but when by the court from evidence adduced before jurisdiction attaches, and territory is occupied by the Government in a hostile manner, occupied the Comt of Claims, after the ascertainment of these facts, determines by its armies, then the question is whether property in the actual oc­ that it has jurisdiction, is not that decision final, '!filess the question cupation of the army, surrounded by troops, is to be paid for by the goes to an appellate court? people who are carrying on the war. I apprehend that that is farther Mr. REED. I suppose it is as final as any decision of any court than the United States has ever been willing to go. would be upon a member of Congress. I am not answering for the It certainly was a great misfortune that this seminary was not allowed purpose of evading the gentleman's question in any way, but I do not to conduct its work. It certainly was a great misfortl:llle that through­ know any other answer I can give. out the South many churches were closed and many public buildings l'!1r. COBB. I submit if the gentleman's answer is not an evasion were occupied by hostile armies or for army purposes. While that is in fact? true, under the general laws of war it does not give any right to com­ Mr. REED. No; I do not think it is. pensation. And why? It is because the state of war is such that no Mr. COBB. Of course Congress in the exercise of its power of ap­ nation, as long as it settles its disputes by war, C.'ln permit itself, if it is propriation is all-powerful to obey or not oooy the mandate of any successful, to pay damages or rentals for use and occupation by its troops. comt. It may appropriate or not appropriate money to pay the judg­ Anybody will perceive at once that if the fact of occupation by the ment of a court. This is not a question of power, but of pro.priety Army is to be the foundation for the payment of rent we might even merely. have to pay rent for the fields and the territory occupied by the troops Mr. REED. The gentleman will allow me to suggest it is abso­ in actual combat. Nobody can afford to go t-o that extent. No com­ lutely immaterial whether I answer hls question one way or another, munity can afford to pay such losses. because this judgment of the court if bindin~ upon us at all is bind­ It is utterly impossible for the losses of war to be made up. They ing only for what it purports to be, and that is upon the facts so far must fall where the chances of war cause them to fall. And I have as they are found. felt foro. great many years that these questions of war damage ought to Mr. COBB. Certainly; that is the point. I do not contend that the ' , have been regarded by the parties who have suffered as absolutely at judgment, or rather the finding of facts, has any binding legal force. rest, that they ought to rest where they fell, that we ought to have an Now allow me a moment, for I want to hear from the gentleman upon end of them, and that we ought not to permit ourselves, by allowing these questions. precedents to be established, to commit the country to the payment of This Bowman act, as I understand, was passed for a certain purpose­ obligations which no other nation has ever a1lowed itself to assume. to relieve Congress and the committees of Congress from inquiry into This Claim presents itself under an allming guise. This is an appro­ and ascertainment of certain facts which arise in many cases, to trans­ priation for the payment of $20,000 to a theological seminary which cer­ fer that duty to the Court of Claims. The presumption, it seems to tainly could not have continued its operations on the theater -of war me, naturally arises that when a proper case has been presented to the while war was flagrant. The corporation therefore has lost absolutely Court of Claims and it has found the facts, that finding has some bind­ nothing. The Government has preserved its buildings, and when the ing force upon this House; not binding as a judgment, to be sure, be­ war ceased the Government turned over those buildings to the corpora­ cause we can go behind the findings if we see proper to make an orig­ tion. So that the proposition nakedly before us is really to present inal investigation into the facts. That I admit. $20,000 to this corporation on account of its being deprived of the use But the finding is at least persuasive to us as to the correctness of of its buildings by the operations of war and on account of the occu­ the facts as found by the court, and should be followed unless there pancy by the Army of those buildings at a time when the corporation are reasons why an original investigation should be undert.'tken by this could have made no other use of them. House. Is not that true? It ~s said that there is a decision of the Court of Claims on this sub­ .Mr. REED. I should be inclined to agree with the gentleman. ject, but if anybody will examine it he will see t hat one element of a Mr. COBB. Very well. Then here are certain facts whlch have decision is absol n tely lacking. A decision of a comt is the discovery of been submitted to the Court of Cla.lrus. The first question which met the facts and the application of the lawofthecase to them. Now, the the court upon the submission of this case was, '' Has this court juris­ court in this case have found certain facts, but they have made no state­ diction to find these fads?'' because in certain cases specified in the ment as to the law appertaining to them. act there is no j misdiction in the Court of Claims even to go into an Mr. COBB. Will the gentleman allow me a question just there? inquiry of fact. The gentleman understands that to be true. Now, Mr. REED. If the House will give me time I will. this court did go into the inquiry of fact. Before it went into that The SPEAKER pro tempore. The time of the gentleman has ex­ inquiry it had necessarily to determine that it had jurisdiction to make pired. the inquiry. Therefore the point made by the gentleman from Ohio Mr. RICHARDSON. 1\Ir. Speaker, I have the right to take the floor has no application here, the court itself having determined it had juris­ now, but if the time of the gentleman from Maine LMr. REED] has ex­ diction and had the power to so determine under the act and under the pired I will yield him whatever additional time he requir~ and will general principle oflaw to which I have called attention. then resume the floor. Now, t he point is not whether this Congress has power .to set aside this 1900 CONGRESSIONAL RECORD--HOUSE. MARCH 9,

finding, but whether we, !'.Sa House of Representatives of the United war. I answer the gentlemen and ask them whether, if it were possi­ States, ought to disregard this finding without the evidence to induce ble for these buildings to be occupied as a hospital for the protection ustosetitaside. Thatisthewholequestion. Hereisthecase. The of the wounded and sick, why could not lectures be held there under question of jurisdiction having been determined, the comt went on to the same protection and by the same authority? As to the question of decide all the questions, upon the decision of "'I"Yhich the duty and the loyalty, I do not propose to go into it. They were loyal not to an ' . obligation of the Government of the United States rest to pay this claim. earthly but to a celestial power. They did not go forth to fight the Now, wby shall we go behind the finding of the court? Are there any battles of their Great Chieftain with the red banners of terrestrial war, reasonswhichcall upon us to disregard the :finding of theCourtofClaims but carried the white flag of peace uplifted by their Great Captain now and go behind it to institute an original in>estigation, and thus set aside almost two thousand years ago. this whole J)roccss which has been gone over under the operation of the It was said by one of the greatest soldiers of modern times in the Bowman act? That is the question. very zenith of his power that a million men would spring t.o arms at his This further, to avoid misapprehension. It was expected, I hold, that command and rush joyfully to death at his bidding, and yet, sir, hardly when th.e Court of Claims acted in a case presented in accordance with more than half a century has passed and to-day his followers would the provisions of the Bowman act its :findings would be received by hardly dare unfm-1 his banners in the capital of his country. The Congress and made the basis of legislation, unless reasons appeared Great Founder of the school of which this institution is a part ba.S been sufficient to authorize these :findings to be disregarded. At the same dead nearly twenty centuries, and you now number his followers by time it mustoe admitted that in strictness the proceedings of the court millions, and to-day, as their forefathers did, they would go fearlessly under the provisions of the act are advisory merely. amidst the storm and shell of battle or to the stake for the principles :Mr. RICHARDSON. If the gentleman from Maine will yield-- which they maintain. 1\Ir. REED. Ob, yes. I seem merely to have been a figure on which Even, sir, in the barbarous days of early history we have found the to hang the speeches of the gentleman from Alabama [Mr. COBB]. church to be the refuge for the humblest citizen and for the culprit; [Laughter.] and I bad hoped to-day, in this, the nineteenth century, almost at the Mr. RICHARDSON. I understand the gentleman.from Virginia. de­ boasted zenith of our civilization, that this subject would have re­ sires three or four minutes. I sought the floor to move the previous ceived at the hands of this intelligent House a more graceful considera­ queE'tion, but am willing the gentleman from Kentucky [.M:r. STONE] tion on the floor than it bas had. shall occnpy the floor for the remainder ofthe hour, ifbe desires to do so. [Here the hammer fell.] - Mr. STONE, of Kentucky. I do not propose to accept any time from Mr. STONE, of Kentucky. I now demand the previous question on any one. I reported this bill from the committee, and I think I am the engrossment and third reading of the bill and amendments. entitled to the floor in my own right. The previous quec;tion was ordered. The SPEAKER p1·o tempore. The Chair recognizes the gentleman Mr. GROSVENOR. .A separatevoteisdemanded on the amendment from Kentucky. appropriating $20,000 for the theological seminary. Mr. HOOKER. I hope the gentleman from Kentucky [Mr. STONE] The SPEAKER pro tempore. The Clerk will report the amendments will yield me a portion of his time. of ihe committee on which a separate vote is not demanded. Mr. STONE, of Kentucky. I taka the floor for the pmpose of mak­ The several amendments were read and agreed to. ing one statement in reply to a question which has been asked, and then The SPEAKER pro tempore. The Clerk will now report the amend· moving 1.he previous question. The question was asked-and the con­ menton which a separate vote is demanded. fusion in the Hou~e at the time deprived me of the opportunity to an­ The Clerk read as follows: swer it-whether a report has been made on this case by the Committee Add to the bill: on W'ar Claims at this session. The Committee on War Claims of the "That the Secretary of the Treasury be, and he is hereby, authorized and di­ rected to pay, out of any money in the Treasury not otherwise appropriated, Forty-eighth Congress referred this bill to the Court of Claims. A re­ the sum of $20,000 to the trustees of the Protestant Episcopal Theological Sem­ port was made in the Forty-ninth Congress to the House of Representa­ inary and High School in Virginia, said amount having been found due them tives by the Com-t of Claims, and it was referred to the Committee on by the Court of Claims for rent due them for the use of their buildings for hos­ pital purposes from May, 1861, ro August, 1865." War Claims. The gentleman from Tennessee [Mr. RICH.ARDSO~] in that Congre~s was instructed to report the bill favorably back to the 1\fr. WILLIAMS. I demand theyea.sandnaysupon tbatamendment. House, and it went on the Calendar. The matter remained in that con­ The yeas and nays were ordered. dition, and it went on what is known as the Court of Claims Calendar. The question was taken; and there were-yeas 130, nays 96, not vot­ .A bill was introduced for the purpose of paying this very claim andre­ ing 98; as follows: ferred to the Con;1mittee on War Claims, and the Committee on War YEA8-130. Claims of the Fiftieth Congress instructed me to report that bill back Abbott, Davidson, Fla. Kerr, Rusk Allen,Miss. Dibble. Laffoon, Sayer's, to the House with the expression of opinion it ought to pass. Before Anderson, Miss. Elliott; Lanham, Scott, that report could be made, however, the discussion took place last Fri­ Anderson, lll. Enloe, Latham, Shaw, day in the Com.niittee of the Whole, when it was offered as an amend­ Bankhead, Farquhar, Lawler, Shively, Biggs, Felton, Lee, Simmons, ment to the omnibus bill, which we had already reported. Then I Blanchard, Fitch, 1\lahoney, Snyder, thought it was unnecessary to make that report to the House as directed Blount, Forney, Maish, Spooner, by the Committee on War Claims. That is the condition the claim Bowden, Gaines, Mansur, Stewart, Te~. Bowen, Gallinger, Martin, Stewart, Go.. stands in. It was recommended by the Committee on War Claims of Breckinridge, Ky. Gibson, McClammy, Stockdale, the Forty-·eighth Congress on a report of the Conrt of Clai.m.8; it was Brower, Glass, McComas, Stone, Ky. recommended by the Committee on War Claims of the Forty-ninth Con­ Browne,T.H.B.,Va.Greenman, McCreary, Stone, Mo. Bryce, · Grimes, McKenna, Tarsney, gress, and again by the Fiftieth Congress. That is exactly the situation Bynum, Hall, McMillin, Taulbee, of the case now. I demand the previous question. Campbell, Ohio Harmer, McRae, Thomas, Ky. Mr. LEE. I ask the gentleman to yield to me for five minutes. Candler, Hatch, Merriman, Tillman, Carleton, Hayden, lUillik.en, Tracey, Mr. STONE, of Kentucky. I will yield to the gentleman from Vir­ Caruth, Hayes, l\foore, Turner, Ga. ginia for five minutes. Catchings, Heard, Morgan, Vance, Mr. LEE. 1\Ir. Speaker, I simply desire five minutes to reply to gen­ Cheadle, Hemphill, Neal, Wade, Clardy, Henderson, N. C. Newton, Washington, tlemen on the other side of the Chamber. One said this institution was Cobb, Herbert, Nichols, Wheeler, abandoned when taken possession of by the United States troops. I am Cockran, Hermann, Oat.es, Wbite,Ind. confident that is not so. It is possible there may have been a vacation Compton, Hogg, O'Ferrall, Wilkins, Cothran, Hooker, Osborne, Wilson, Minn. there in the month of August, but if so the buildings and grounds were Cowles, Hopkins, Va. Peel, Wilson, W. Va. in charge of the regular officers and ready at the regular time to resume Crain, Hopkins, N.Y. J>enington, Wise. Crisp, Hunter, Hayner, Yardley, operation. Culberson, Hutton, Richardson, Yoder, I do not desire, as I have said on this floor, to go over the same ar­ Cummings, Johnston, N. 0. Robertson, Yost. gument, but the United States Government bas paid claims, and cer­ Dargan, Jones, Rowland, tainly no more just than this, within the same territory. I called the Davidson, Ala. )rean, Russell, 1\Iass. attention of the gentleman from Maine [M:r. REED] to those claims last NAYS-96. Saturday-claims in the city of Alexandria, claims in Kentucky, claims Adams, Browne, Ind. Finley, Hovey, Allen, Mass. Brown, Ohio Fuller, Jackson, in Tennessee, claims in the city of Washington, within the same terri­ Allen, Mich. Brumm, Funston, Johnston, Iu

1\IcKinney, Payson, Scuil, Turner, Kans. Simmons, Stone, of Mo. Tracey, Wise, .Morrill, Perkins, Seney, 'Valker, Snyder, Stone, of Ky. Vance, Yardley, Jelson, Peters, Smith, Weaver, Spooner Taulbee, 'Vashington, Yost. Nutting, Pidcock, Springer, 'Veber, Stahlnecker, Thomas, Ky. 'Vheeler, O'Neili,Pa. Pugsley, Steele, \Vest Stewart~, Ga. Thompson, Cal. White, Ind. Owen, Reed, Stewart, Vt. Wbitmg,1 Mass. Stockdale, Tillman, Wilson, W. Va. Parker Ryan, Taylor, E. B., Ohio Wickham, Patton,' Sawyer, Taylor, J. D., Ohio Williams. NAYS-101. Abbott, Conger, Kerr, Rowell, _. , NOT VOTING-98. Adams, Crouse, Ketcham, Sayers, Anderson, Kans. Dougherty, Mason, Rowell, Allen,Mass. Culberson, La Follette, Scull, Atkinson, Dunham, Matson, Russell, Conn. Allen,l\Iich. Dalzell, Laidlaw, Seney, Barnes, Dunn, McAdoo, Seymour, Allen, Jltliss. Darlington, Landes, Shively, Barry, Ermentrout, McCullogh, Sherman, Anderson, Iowa Da•i'is, Lane, Sowden, Belmont., Fisher, McShane, Sowden, Arnold, Dingley, Lanham,. Springer, Bingham, Flood, Mills, Spinola, Baker, N.Y. Dorsey, Lehlbacli, Steele, .UJiss, Foran, foffitt, Stahlnecker, Baker,lll. Finley, Lyman, Stephenson, Hrown, J.R., Ya. Ford, Montgomery, Stephenson, Bankhead, Fuller, l\Iason, Stewart, Vt. Buchanan, French, l\:forrow, Struble, Bayne, Gallinger, McCormick, Taylor, E. B., Ohio Burnes, Gay, :Morse, Symes, Belden, Gear, McKinley, Taylor, J.D., Ohio Hut·nett, Glover, Norwood, Thomas, Ill. Bland, Gest, 1\IcRae, Thomas, Wis. Butler, Goff, O'Donnell, Thomas, Wis. Boothman, Grosvenor, Morrill Turner, Kans. lJulterworth, Granger, O'Neall, Ind. Thompson, Ohio Bound, Hare, Nutting, Wade, Campbell, F., N.Y. Guenther, O'Neill, Mo. Thompson, Cal. Boutelle, Haugen, O'Donnell, Walker Campbell, 'l'.J.,N.Y.Henderson, Iowa. Outhwaite, Townshend, Brewer, Henderson, Ill. O'Neill, Pa. Weaver: Chipman, Hires, Perry, Vjtndever, Browne, Ind. Hiestand, Parker, Weber, Clark, Howard, Phelan, Warner, llrown,Ohio Hitt, Patton, West, Clements, Hudd, Phelps, White,N. Y. Buckalew, Holman, Payson, Whiting, Mass. Collins, Kelley, Plumb, Whiting, Mich. Bunnell, Holmes, Perkins, Wickham, Cooper, Kilgore, Post, Whitthome, Burrows, Hopkins, Ill. Peters, Wilkins, Cox, Lagan, Randall, Wilber, Bynum, Hovey, Pidcock, Wilson,' Minn. Dayenport, Lind, Rice, Wilkinson, Cannon, Jackson, Plumb, DeLano, Long, Rockwell, Woodburn. Caswell, Johnston, Ind. Pugsley, Dockery, Lynch, Rogers, Cockran, Kennedy, Reed, Dorsey. Maffett. Rome is, NOT VOTING-US. So the amendment was adopted. Anderson, Ill. Davenport, Laird, Rome is, On motion of Mr. LANHAM, by unanimous consent, the reading of Anderson, Kans. De Lano, Lawler, Russell, Conn. the names was dispensed with. Atkinson, Dockery, Lind, Rusk, The following pairs were announced on all political questions until Bacon, Dougherty, Lodge, Ryan, Barnes, Dunham, Long, Sawyer, further notice: Barry, Dunn, Lynch, Seymour, Mr. liOWARD with Mr. DE LA.J..'W. Belmont, Elliott, Macdonald, Shaw, 1\Ir. FORAN with 1\fr. PHEJ,PS. Bingham, Ermentrout, Maffett, Sherman, Bliss, Fisher, ?tlatson, Smith, l'.lr; COLLINS with Mr. JOHN R. BROWN. Breckinridge, Ark. Fitch, l\IcCullogh, Spinola., Mr. TOWNSHEND with Mr. MAFFETT. Breckinridge, Ky. Flood, McKinney, Stewart, Tex. Mr. MATSON with :1r. DUNHAM. Brower, Foran, McShane, Stroble, Brown, J. R., Va. Ford, Milliken, Symes, Mr. HUDD with Mr. CLARK. Brumm, Funston, 1\:Iills, Tarsney, Mr. PHELAN with Mr. BUTLER. Buchanan, Gay, Moffitt, Thomas, Ill. Mr. MCSHANE with Mr. MCCULLOGH. Burnett, Glover, Montgomery, Thompson, Ohio Burnes, Goff, 1\Iorse, Townshend, Mr. WILKINSON with Mr. SHERMAN. Butler, Granger, Nelson, Turner, Ga. Mr. SPINOLA with Mr. THOMAS, of Illinois. Butterworth, Grout, Norwood, Vandever, 11fr. GRANGER with Mr. ROCKWELL. Campbell, F., N.Y. Guenther, O'Neill, Mo. 'Varner, Campbell, T.J. ,N.Y. Hall, Outhwaite, White, N.Y. Mr. Cm.IMINGS with Mr. FITCH, until March 13. Chipman, Henderson, Iowa Owen, 'Vbiling, Mich. The following were announced as being paired for this day: Clark, Hires, Perry, Wbitthorne, Mr. MILLS with Mr. ANDERSON, of Kansas. Clements, Honk, Phelan, Wilber, Cogswell, Howard, Phelps, Wilkinson, Mr. OUTHWAITE with Mr. RUSSELL, of Connecticut. Collins, Iludd, Post, Williams, Mr. DUNN with Mr. DAVENPORT. Cooper, Kelley, Randall, Woodburn, Mr. MoNTGO:uERY with Mr. Lo~G. Cox, Kilgore, Rice, Yoder. Crain, Laft'oon, Rockwell, Mr. LAGAN with M:r. GOFF. Cutcheon, Lagan, Rogera, Mr. KILGORE with Mr. MOFFITT. So the bill was passed. Mr. PERRY with Mr. KELLEY. Mr. TIMOTHY J. CAMPBELL with Mr. BINGHAM. Mr. BRECKINRIDGE, of Kentucky. I desire to vote. I did not hear my name called. Mr. BLISS with Mr. WHITE, of New York. Mr. DOCKERY with Mr. GUENTHER, on this vote. The SPEAKER pro tempore. Was the gentlep1an in his seat when his name was called ? Mr. WILBER with Mr. WHITTHORNE, on this bill. Mr. BRECKINRIDGE, of Kentucky. I make the point that I was The result of the vote was then announced as above recorded. within the Hall when the roll was being called. I was in my seat be­ The bill as amended was ordered to be engrossed and read a third fore the call of the roll was completed. time; and being engrossed, it was accordingly read the third time. The SPEAKER pro tempore. The Chair directs the rule to be read. The SPEAKER pro tempore. The question is, Shall the bill pass? The Clerk read Hule XV, clause 1, as follows: 1t1r. WILSON, of Minnesota. I call for the yea.s and nays on the passage of the bill. Upon e>ery roll-call, the names of the members shall be called alphabetically by surname, except when two or more have the same surname, then the whole The affirmative vote being counted, there were-aye3 26; not one-fifth name shall be called; and after the roll bas been once called, the Clerk shall call of the last vote. in their alphabetical order the names of those not voting; and thereafter the Mr. PAYSON and Mr. SOWDEN. Count the other side. Speaker shall not entertain a request to record a vote or announce a. pair. The negative vote was counted; and there were-noes 81. The SPEAKER pro teinpore. The Chair has not rigidly enforced the So (the affirmative being more than one-fifth of the whole vote) the rule. If he should rigidly enforce it very few members would be al­ yeas and nays were ordered. lowed to vote after the completion of the roll-call. The question wa.s taken; and there were-yeas 105, nays 101, not Mr. BRECKINRIDGE, of Kentucky. If I had heard my name called, voting 118; as follows: I should have voted '' ay. '' YEA8-105. Ur. LANHAM. I ask unanimous consent to dispense with the read­ . - Anderson, Miss Dar~an, Herbert, McKenna, Biggs, DaVJdson, Ala. Hermann, Mcl\Iillin, ing of the names. Blanchard, Davidson,Fla. Hogg, Merriman, Objectiqn was made. Blount, Dibble, Hooker, :1\Ioore, The following additional pairs on all political questions for the rest Bowden, Enloe, Hopkins, Va. :Morgan, Bowen, Farquhar, Hopkins, N.Y. Morrow, of this day were announced: Browne,T.H. B.,Va.Felton, Hunt-er, Neal, Mr. ERl\IENTROUT with Mr. RYAN. Bryce, Forney, HuttOn, Newton, Mr. CRAIN with Mr. LAIRD. Campbell, Ohio French, Johnston, N.C. Nichols, Candler, Gaines, Jones, Oates, Mr. LAWLER with :lt'Ir. GALLINGER. Carleton, Gibson, Kean, O'Ferrall, Mr. BRECKINRIDGE, of Arkansas, with Mr. STRUBI.·E. Caruth, Glass, Latham, O'Neall, Ind. The result of the vote was then announced as above stated. Catchings, Greenman, Lee, Osborne, Cheadle, Grimes, Mahoney, Peel, Mr. STONE, of Kentucky, moved to reconsider the vote by which Clardy, Harmer, 1\Iaisb, Penington, the bill was passed; and also moved that the motion to reconsider be Cobb, Hat{!h, 1\:fansur, Rayner, laid on the table. Compton, Hayden, Martin, Richardson, Cotluan, Hayes, McAdoo, Robertson, The latter motion was agreed to. Cowles, Heard, 1\IcCiammy, Rowland, ORDER OF BUSINESS. Cl'isp, Hemphill, ~IcComas, Russell, Mass. Cummings, Henderson, N.C. McCreary, Scott, Mr. LANHAM. I move that the House now resolve itself into the

., ,. . ' •. I COWGRESSIONAL RECORD-HOUSE. MAROH H,

Committee of the Whole House for the purpose of considering bills on 111r. L.ANHA:U. Mr. Chairman, that bill is embraced in the omni· the Private Calendar. bus bill which has just passed the Honse. I ask unanimous consenta ·. :Mr. HATCH. I ask the gentleman to yield to me for one moment. if it be in order, that we pass over all of the bills yet remaining on the Mr. LANHAM. I yield to the gentleman from Missouri. Calendar of Court of Claims cases and proceed to the consideration of GEORGE M. OCHILTREE. bills upon the Private Calendar on page 21. The CHAIRMAN. The gentleman from Texas asks unanimous con­ Mr. HATCH. Before the motion of the gentleman from Texas is sent to pass over informally bills on the Calendar brought forward from acted upon I ask the courtesy of the House to give unanimous consent the Court of Claims, and to proceed with the bills upon the Private that a private bill which I send to the Clerk's desk may be considered at this time. Calendar, beginning on page 21. Is there objection? Mr. STONE, of Kentucky. As far as I am individually concerned, The Clerk read the title of the bill, as follows: I have no objection; but there are only three or four bills left upon A bill (H. R. 4659) for the relief of George 1\f. Ochiltree. what is known ns the Court of Claims Calendar, and I believe that bills ·. The SPEAKER pro ternp01·e. Is there objection to the present con- have been introduced and reported back from the Committee on War sideration of the bill? Claims in every one of those cases. There was no objection. l\Ir. LANHAM. Well, Mr. Chairman, in view of that statement, I The bill was read, a.<; foJbws: withdraw my request; and if the gentleman can indicate the bills that B it enact eel. etc., That the Secretary of War be, and he is hereby, authorized and have not been embraced in the "omnibus bill," we will proceed first directed to cause to be amended the military record of George M. Ochiltree, of Clarke County, 1\Iissouri, and to place him on the muster-rolls of the War De­ to the consideration of those. partment \lS a Dllljorof cavalry and provost-marshal t'or the counties of Scotland, The CHAIRMAN. The Chair would suggest to the gentleman from Clarke, Knox, and Lewis, in the State of 1\lissouri, to date from January 1, 186'2, Kentucky [Mr.•STONE] and the gentleman from Texas [Mr. LA THAl\I] until No•ember 1, 1862; and he is further authorized and directed to cause to be made out and forwarded to the proper office1·s of the Treasury Department a that it would be better to call these bills in their regular order, and statement of the pay and emoluments due to a major of cavalry under then ex­ then, where a bill already disposed of is reached, let a motion be made isting law for the period of ten months, namely, from January 1,1862, to No­ that that bill lie on the table. vember 1,1862, deducting therefrom whatever sum may have been paid said Mr. STONE, of Kentucky. I suggest the Chair that it was by George 1\I. Ochiltree as a pri•ate soldier during said period. to SEc. 2. That the Secretary of the Treasury is hereby authorized and directed, unanimous consent that the "omnibus bill" which we have pas3ed out of any money in the 'l'reasury not otherwise .appropriated, to pay to said here was substituted for these individual bills. George ]}I. Ochiltree the amount found to· be due him as a major of cavalry for the period of t.en months, as provided for in section 1 ofihisact, deducting there­ The CHAIRMAN. Still, the Chair will state to the gentleman from from such sum as may have been paid to him as a private soldier for services Kentucky [.Mr. STONE] that three individual bills are still before the during said period. House and must be disposed of in a regular w~y. Mr. HATCH. The report is very short. It states the facts briefly. Mr. L.A..L'{HA11L I move that all of these bills that were embraced I nsk for the reading of the report. in the ''omnibus bill'' which has just been passed be laid on the table. The report (by Mr. BROWER) was read, as follows: The CHAIRMAN. The only difficulty about that is that without The Committee on War Claims, to whom was referred the bill (H. R. 4659) for comparing the bills as they are reached with the "omnibus bill " the the relief of George 1\I. Ochillree, report as follows: Clerk can not tell which ones have been disposed of. It will take but The claimant, George M. Ochiltt-ee; was, on the 1st day of .January,l862, a pri­ a minute as each bill is called to move that it be laid on the table. vate citizen of Clarke County, Missouri. At that date he WRS appointed pro­ vost-marshal for the special district of the Depart.mentof the Missouri, embrac­ The Clerk will proceed to call the bills in their order. ing the counties of Clarke, Lewis, Knox, and ~cotland, but was ordered on duty . HE. ~RY BAZSINSKY. as a private 1n Company B, Second M:issouriState 1\lilitia. Cavalry, and under the Army reguJations received only a prh·ate's pay. That when a regiment was The Clerk read as follows: first raised in Clarke County Mr. Ochiltree could have got the position of either A bill (H. R. 8088, Forty-ninth Congress) for the relief of Henry Bazsinsky, ad­ major or lieutenant-colonel, but that he was deemed by all the best equipped ministrator of Abraham Bazsinsky. ·.. man in the country for the position of provost-marshal, which WRB then re­ garded as a post of great importance to that section; and that believing that The bill was laid aside to be reporlied to the House with the recom­ office to can·y with it the rank and pay of a major, and was not aware that he mendation that it do lie on the table. ].lad been as igned to service as a private until some time afterward, one order bavin,:::- been issued to him for the pay of provost-marshal. That he acted as ELIZABETH GRIGGS, AD.:liTh~STRATRIX. provost-marshal from the 1st day of January, 1862, to the 1st day of November The next business on the Private Calendar was the bill (H. R. 8089, next following. These facts are sustained by adequate proofs. Your committee therefore report back the bill and recommend its passage. Forty-ninth Congress) for the relief of Elizabeth Griggs, admini tra­ trix of Charles Murphy. The bill was ordered to be engrossed and read a third time; and be­ · The bill was laid aside to be reported to the Honse with the recom­ ing engros ed, it was accordingly read the third time, and passed. mendation that it do lie on the table. .Mr. HATCH moved to reconsider the vote by which the bill was JOHN B. REID. pas ed; and also moved that the motion to reconsider be laid on the table. The next business on the Private Calendar was a bill (H. R. 8090, The latter motion was agreed to. Forty-ninth Congress) for the relief of John B. Reid. The bill was laid aside to be reported-to the House with the recom­ W. C. SCANLAND. mendation that it do lie on the table. Ur. ROWELL. l\fr. Speaker, I ask unanimous consent that the HORACE B. HOB ON, ADl\fiNISTRATOR. Committee of the Whole House be discharged from the further consid­ eration of the bill (H. R. 3496) for the relief of W. C. Scanland, and The next business on the Private Calendar was a bill (H. R. 8091, that it be put upon its passage. Forty-ninth Congress) for the relief of Horace P. Hobson, administra­ The bill was read, as follows: tor of John 0. Groves. The bill was laid aside to be reported to the House with the recom­ B e tt enacted, etc., That the accounting officers of the Post-Office Department be, and they are hereby, authorized and directed, in settling the accounts of mendation that it do lie on the table. W. C. Scanland, postmaster at Normal, ill., to credit him with the sum of $125, :!IIARY A. BLACKWELL. postal funds stolen from the safe in his office on the night of August 22, A. D. 1887. The next business on the Private Calendar was a bill (H. R. 8092, JI.Ir. ROWELL. The billexplainsitself. The Department have paid Forty-ninth Congress) for the relief of Mary A. Blackwell. all that they could pay under the law. The bill was laid aside to be reported to the House with the recom­ The bill was ordered to be engrossed and read a third time; and being mendation that it do lie on the table. engrossed, it was accordingly read the third time, and passed. ELIZABETH P. DYER. Mr. ROWELL moved to reconsider the vote by which the bill was The next business on the Private Calendar was a bill (H. R. 8093~ passed; and also moved that the motion to reconsider be laid on the Forty-ninth Congress) for the relief of Elizabeth P. Dyer. table. The bill was laid aside to be reported to the House with the recom· The latter motion was agreed to. mendation that it do lie on the table. ORDER OF BUSINESS. URIAS BUSKIRK. l\fr. LANHAM. I call for the regular order, !ir. Speaker, and I The next business on the Private Calendar was a bill (H. R. 5484, move that the Honse now resolve itself into Committee of the Whole Forty-ninth Congress) to pay to Urias Buskirk the amount found due House for the purpose of considering bills on the Pri..,-ate Calendar. him by the Court of Claims. The motion was agreed to. The bill was laid aside to be reported to the Honse with the recom­ The House accordingly resolved itself into Committee of the Whole, mendation that it do lie on the table. Mr. HATCH in the chair. ELIZABETH l\IULVEHILL. The CHAIRM.A.J.~. The Honse is now in the Committee of the The next business on the Private Calendar was a bill (H. R. 8339, Whole for the purpose of considering bilLs upon the Private Calendar. Forty-ninth Congress) for the relief of Elizabeth Mulvehill. The Clerk will report the first bilL Mr. STONE, of Kentucky. Mr. Chairman, that case is not included HEl\TRY BAZSINSKY. in the ''omnibus bill. '' The Clerk read as follows: The bill was read, as follows: A bill (H. R. 8088, Forty-ninth Congress) for the relief of Henry Bazsinsky, Be it enacted, ete., That the Secretary of the Treasury be, and he is hereby, administrator of Abraham Ba.zsinsky. authorized and directed to pay to Elizabeth Mulvehill the sum of $4,345.17. out

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1888. CONGRESSIONAL RECORD-HOUSE. 1903 of any money in the Treasury not otherwise appr.Qpria.ted, in fl111 satisfaction 35. I wish to inquire how Report No. 2179 takes precedence of Report for h r claim for tobacco taken by the Army of the United States in Alleghany County , State of Virginia, in 1 G3, for army use. as shown by the facts found in No. 35. I make the point of order that this bill is not Tightly ahead the Court of Claims in Congressional -case No. 1.00. of the other. Mr. O'FERRALL. What is the gentlelilll.ll's point? _ • J The report (by 1\Ir. Geddes) was read, as follows: Mr. STEELE. My point is that Report No. 2179 is not entitled to The Committee on War Claims, to whom was referred the chim of Elizabeth 1\Iuh-ehill, beg leave to report: priority over Report No. 35. Th&t the Committee on War Claims of the F01·ty-eigbth Congress, not being The CHAffi!I.Al,. The Cha1r will state to the gentleiD!ln from In­ clearly and fully advised of all the facts in the case, referred it to the Court .of diana [M:.r. STEELE] that this is ona of the Court of Claims cases placed Claims for .a. finding, under the provisions of an act entitled "An act to afford assistance and relief t.o Oongt·ess and the Executive Departments in the inves­ upon the Calendar by order of the House; and the House is now pro­ tigation of claims and demands against the Government," appro~ :March 3, ceeding in regular order to act upon such of these cases as have not been lB. - disposed of in the ''omnibus bilL'' Said clAim has been returned by said Court Qf Claims to 1the committee with l\1r. WARNER. I do not wish to argue this question; but it has U ·e following findings of fact, filed January ll, 1886, to wit: been my impression that the classes of articles for which 'ite undertake "~ the Court Qf Claims. Decembe1· term, 1884. Elizabeth Mulvehill vs. The United States. Congressional case No. 100. to make compensation in these bills are q uarterm.asters' and commis­ "FINDINGS OF FACT. FILED JANUARY 11, i886. saries' stmes taken by oommand of some military officer from loyal citi­ "This case, referred to the court by tbe Committee on War Cla.lms of the zens for the use of the Army of the United States. I have supposed Hou..<=e of Representa.ti"es the 25th day of April,l881, under the act of Marcl13, that the articles for which we pay are such as the Government supplied 1883 (22 Stat. .at L., t85}, having been heard by the court, the Attorney-General to its soldiers while in the field. In my limited experience in the by his assistants appearing f.or the defense and protection of the United States, as required by said act, the court upon the evidence finds the faets ·to be as fol­ Army I never heard of toba~ being issued as ratio~ to the soldiers. lows: I would like to know upon what ground the payment of this claim "J. That this claim was referred to the Court of Claims by tbe Committee on is sought. War Claims, House ofRepresentatives, under thcfirst seetionofthe act approved March 3, 1883. commonly cnlled the Bowman act, April 25, 1884. l\Ir. STONE, of Kentucky. I will state for the information of the - •' 2. That the Court of<..'laims, on preliminary inquiry, as required by the fourth Honse that this is one of the bills which came over from the Forty­ section of said acl, found that the claimant did not give aid and comfort to the ninth Congress and were placed .on the Calendar by order of the Speaker. rebellion, but was throughout that war loyal to the Government of the United States; and that the Assistant .Attorney-General of the United States appeared The gentleman from Virginia (Ur. O'FERRALL] has introduced in this for the defe=Ise and pr<)tect1on of the interest .of the United States in this pend­ Congress a. bill providing for payment of this claim, but that bill has ing investigation. not been reported back from the committee. I was under the impres­ " .3.· That the c1aim.ant was residing wil.h her husb nd, since deceased, at Greenbrier White Sulphur Springs, in theStatetnow) ofWestVirginia~ thnther sion that it had b, at 95 United States Army, at that place, in the daytime, and carried away, together with the tobacco belonging Heflehower. t o Waldron, in all amounting to about one hundred a-nd. twenty-six boxes and WlLLI.AM LAVERY. packages. u 8. That all of Baid tobacco was in g()()d -order when stored with said ..John The n~t business in order on the Private Calendar was the bill (II. Kelly for safe-keeping by said 'Valdron, and remained securely stored and R. 9380, Forty-ninth Congress) for the relief of William Lavery. locked,o.nd was in good order at the time the same was taken by the command Mr. STONE, of Kentucky. This claim has not been embraced in of General Averell, as shown in finding 7; that the prices charged were reason­ able nnd just for the time and place, and that claimant h&s never received pay the " omnibus bill" I suggest that it be passed over, without losing or oompensati.on therefor from any source or for any part thereof, but that the its place on the Calendar. same is still unpaid, and that reasonable value of the tobacco so taken from effi,inlant was $4,34.5.17. The CHAIRMAN. Without objection, that order will be made. "9. That claimant's husband died in 1873; that his estate was settled and his There was no objection. debts all paid, and that the money used in the purchase of. the tobacco which is tbe subject-matter of this claim was left with claimant by her husband and BILLS LAID ASIDE TO BE REPORTED ADVERSELY. was accumulated by him in the cours~ of his business prior to the war. ' The next bills in order upon the Calendar were the following; which " ORDEU OF THE COURT. were laid aside to he reported to the House with the recommendation •• Ordered, That a copy of the foregoing findings of fact, duly certified, be re­ ported to the Committee on War Claims of the House of Representatives to- that they be laid on the table, the claims provided for in these bills gether with a copy of this order. ' having been embraced in the bill (H. R. 2952) already passed: " By the COUTt. .A bill (H. R. 9381, Forty-ninth Congress) for the relief of Robert ""A true transcript of record. Smith. n Test, this 13th day of March, 1885. - ' "{SEAL.] JOHN RANDOLPH, A bill (H. R. 9382, Forty-ninth Congress) for the relief John R. "Assistant Clerk Court of Claim-s." Watkins, administrator of J'liatilda W. Anderson. Your committee therefore report a hill herewith providing for the payment A bill (H. R. 9383, Forty-ninth Congress) for the 1·elief of In..diana. E. of the amoUli- found by said Court of Claims, and recommend that it do pass. Hughes. Mr. STEELE. I rise to a parliamentary inquiry. I see that this A bill (H. R. 93&1, Forty-ninth Congress) for the relief of Newitt Bcport is No. 2179. On the nextpage of the Calendar Ieee Report No. Harris.

_. .. ·- I • ·. 1904 CONGRESSIONAL- RECORD=-==--HOUSE. M.AROH 9,

.ALEXANDER MOFFIT. Mr. RICHARDSON. I desire to call attention to this fa-ct: Under The next business on the Private Calendar was the bill (H. R. 9473, the ruling of the permanent Speaker these claims stand at the head of Forty-ninth Congress) for the relief of Alexander :Moffit. the Calendar, and the result will be to relegate such as are not reported Mr. STONE, of Kentucky. I suggest that this bill be passed over on and to relegate this one low down on the Calendar, and defeat the informally. effect of the Bowman act under the ruling of Mr. Speaker CARLISLE Mr. COMPTON. I ask that the bill be considered. This claim was made early in December last. referred in the Forty-ninth Congress to the Court of Claims. The find­ Mr. LANHAM. I hope there will be no objection to the considem­ ings of that court have been returned to this Congress; and I hold in tion of this bill. my hand a report made to this House by the present Committee on Mr. STEELE. If that be the ruling, then we will have to sit here War Claims. and eonsider these cases under the Bowman act until they are all dis­ Mr. STEELE. If this bill was reported prior to Report No. 35, on posed of. t:q.e next page, I object to its consideration. The CHAIRMAN. The Chair finds on examination the bill the The CHAIRMAN. Thegentleman from Maryland [Mr. CoMPToN], title of which has been read and which is on the Court of Claims Cal­ as the Chair understands, asks unanimous consent to substitute a bill endar, has been reported by the Committee on War Claims at the pres­ reported by the Committee on War Claims of the present Congress for ent session of Congress, and is on the present Calendar of the House on the bill of the Forty-ninth Congress the title ofwhichhasjustbeen read. page 39. The Chairwas under the impression when he decided the point Mr. STEELE. I object. I think these bills had better be considered raised by the gentleman from Maryland the bill had not been reported in their regular order. to the House. The Chair thinks the bill acted on by the Committee on The CHAIRMAN. Objection being made, the bill will be passed War Claims and reported to the House should take the place of the bill over informally, retaining its place on the Calendar. of the Forty-ninth Congress. Mr. COMPTON. Do I understand the Chair to rule that unanimous Mr. STEELE. We will then be kept until the last day of the ses­ consent is necessary for the' consideration of this bill now? sion considering these reports coming back here at the beginning of this . The CHAIRMAN. It is. Congress on the Court of Claims Calendar. By putting these claims at Mr. LANHAM. I hope the gentleman from Indiana [Mr. STEELE] the head of the Calendar we will be virtually confined to the consid­ will not press his objection. It seems that a report on this case has eration of such cases under the Bowman act to the exclusion of every­ been made in the present Congress. There are a few more claims of thing else. These bills come over from the last day of one Congress to this character on the Calendar which we want to dispose of to-day. the first day of the following Congress, and when reported from the Mr. STEELE. There are bills ahead of this, which have been on COipmittee on War Claims are put upon the Calendar to the exclusion the Calendar since January 17. of everything else. It seems they should be taken up in the order in Mr. COMPTON. This bill bears the same relation to the Calendar which they come here. as other bills which have been passed. This claim was considered in Mr. STONE, of Kentucky. The gentlemanfromlndianamisappre­ the Forty-ninth Congress and referred by the committee to the Court hends the situation and the effect of the decision of the Chair in this of Claims. The findings of that court have been returned, the case case. At the beginning of the session the Speaker ordered this very has been considered by the committee of the present Honse and case to take precedence on the Calendar, and it has been there ever since unanimously reported for passage. Surely the gentleman can not ob­ the Calendar was printed until now. · ·. ject to the consideration of such a bill. I hope he will withdraw his vV e all understand this came here with the bills reported by the Forty­ objection. ninth Congress. Then the objection was raised that these bills were The CHAIRM.A,N. Objection being made, the Clerk will report the not in order for consideration; that this Congress could not consider next bill. them because they were bills of the Forty-ninth Congress. · One of these Mr. HOUK. I w,ih to call attention to the law. cases only was referred to the Committee on War Claims, and then the The CHA.IR~IAN. The status of this bill has been decided by the Honse adjourned. After that we passed over, by unanimous consent, House. The title of the bill just read was reported to the Forty-ninth this Private Calendar for four weeks-four successive Fridays-without Cong1:ess, and the bill reported by the committee at the present Con­ any action on them. Then a bill had been introduced, including nearly gress is not yet on the Calendar. all of these cases, wh~ch was reported to the House from the Commit· Mr. HOUK. The Bowman act says these bills shall remain upon tee on War Claims and put upon the Calendar, its number being 2527, lhc Calendar, and it is not necessa.ry a bill should be reported. away down upon the CalenQ.ar. The CHAIRMAN. The House has already settled that. Two weeks ago to-day we asked unanimous consent of the House ANN .A M. COGSWELL. that this bill, including as .it does a large number of Court of Claims reports, should be substituted for these various reports upon the Calen­ The next business on the Private Calendar was the bill (H. R. 9646, dar from the Court of Claims and considered. That wa,s done to get Forty-ninth Congress) for the relief of Anna M. Cogswell. rid of the perplexing question as to where these claims were on the Mr. RICHARDSG~. That is in the "omnibus bill," and I move that Calendar and what right they had. We have gone ahead to consider this bill be reported ~"J the House with the recommendation that it be them and made a precedent; and I thi'nk the gentleman from Indiana laid upon the table. [Mr. STEELE] misapprehends the question when he claims that a bill The motion was agreed to. reported in the last days of the session would, under the ruling of the MRS. ELLEN P. 1\l.ALLOY. Chair, take its place on the Calendar in advance of an other bills upon The next business on the Private Calendar was the bill (H. R. 9647, it. The whole object of the precedent established by what we have Forty-ninth Congress) for the relief of Mrs. Ellen P. Malloy. done was to fix the status of these cases, so that when a claim of this Mr. RICHARDSON. This bill was introduced in the Forty-ninth character is rea-ched, and for which a bill has been introduced in this Congress, referred to the Committee on War Claims, and regularly re­ session and referred to the Committee on War Claims, that bill may be ported by that committee. It was also referred at the present session substituted for the report already on the Calendar from the last Con­ of Congress to the Committee on War Claims, and again reported favor­ gress, and consent has been asked in this case that the report in the ably by that committee, as I understand. Fiftieth Congress may be substituted for the report of the Court of The CHAIRMAN. The Chair understands the condition of this bill Claims now on the Calendar. I • to be this: By the action of the House, at the present session, this bill It simply gets rid, by one vote of the House, of two questions at once. was required to be reported at the present Congress and pla-ced on the It does not give one bill precedence over another, but gives it its proper Calendar. It was required to be placed on the Calendar with this re­ place on the Court of Claims Calendar, by taking up a bill reported by port to enable it to be acted on, unless by unanimous consent the bill a committee of the Fiftieth Congress and substituting it for the Court reported should be substituted for the bill on the Calendar. of Claims report, thereby ridding the House of all the trouble of re­ Mr. RICHARDSON. The condition of this case, Mr. Chairman, is ferring them back to the committee, having the committee to consider this: It was reported by the Forty-ninth Congress and placed on the and again report them back to the House for consideration on the Cal­ Calendar. 'l'he bill was again introduced at this Congress, and again endar. reported from the Committee on War Claims. I have a copy of that I hope, therefore, the gentleman from Indiana will withdraw his ob­ bill in my hand. If that is so it can be considered, because the Bow­ jection and let this bill be considered, and he will see, after the House man act places bills brought over from the Forty-ninth Congress at proceeds to act upon it, if he has not seen the effect of its operation in the hea.d of the Calendar. That ruling was made by the Speaker of the the consideration of the bill which we discussed here to-day and for the Rouse at least on two occasions, and it has never been departed from. past two weeks, exactly how it affects t.hese bills. The point of order does not apply to this ease, because the bill has been .Mr. STEELE. The precedent established was by unanimous con­ introduced at this Congress and reported by .the Committee on War sent. Unanimous consent is asked here, which is refused. The bill, Claims, and it seems to me it ought to now be considered. therefore, if unanimous consent is refused, must take its place at the The CHAIRMAN. Is it on the Calendar? foot of the Calendar, where it belongs. I think these bills should be Mr. RICHARDSON. Yes, it is regularly on the .Court of Claims considered in their regular order on the Calendar. Calendar, which is the Calendar of the House. The CHAIRMAN. The Chair has no hesitation in stating the situ­ 'l'lle CHAIRMAN. The Chair will state the bill to which the gen­ ation as the Chair understands it. When the gentleman from I!'Iary­ tlem:m refers, reported by the present Congress, is not on the Calendar land [Mr. COMPTON] asked unanimous consent to substitute a bill re­ which has hcen 1·ead. ported from tl1e Committee on War Claims to the present Congress fOl' 1888. CONGR.ESSIONAL RECORD-HOUSE. 1905 the bill that was already upon the Calendar, the Chair was under the ises during above occupancy to be Sl,7S-!.45. The claimant at first refused t{) accept this amount, but upon being assured by the officer making the payment impression that the bill referred to by the gentleman from Maryland that his acceptance would not preclude him from . seeking the balance of his was not upon the Calendar. An examinapion, however, shows the Chair claim, he accepted it and signed a receipt in full. This receipt in full was given that it is upon the Calendar and has been regularly reported by the and received in the mutual understanding that it should not preclude the claim­ ant from seeking in Congress the balance of the rent which he believed to r~.l committee. The Chair thinks, therefore, that under the action of the iustly his due, and the payment was not a final settlement such as would stop House, as well as the ruling by the Speaker of the House, this bill the claimant from seeking the full value of the occupancy, and was iu fa<>t, should take its place upon the Calendar with the report from the Court though not in form, merely a payment upon account. of Claims; and the Chair so holds and overrules the point of order of "IV. the gentleman from Indiana.. "At the time when the United States forces entered upon and occupied the race­ The Clerk will report the bill. course and buildings as set forth in the second finding, the saloon or restaurant was leased by the claimant at an annual rental of $3,000, and the stables at an Mr. DINGLEY. Let me understand the effect of this decision. Do annual rental of $1,200, and the fair rental value of the course, stand, and re­ I understand the Chair to decide that a private bill which has been maining property was $3,500 per annum, giving as a total rental value of all the reported at alate day in the session, and which is the same as a claim premises used and occupied by the United States the sum of $7,700 per annum, and for the eleven months of occupation the sum of $7,058.26; but from this reported from the Court of Claims under the Bowman act in the last should be deducted the sum of $1,784.45 received on account of rent from the Congress and now on the Calendar, is made transferable by being so Quartermaster Department, as set forth in the third finding, and likewise the reported from its proper position at the foot of the Calendar to take the sum of S500 received by the claimant from one of his tenants for rent of the sa­ loon, amounting in all to $2,284.45, and leaving due to him, for the use and occu­ pla-ce of the report from the Court of Claims at the head of the Calen­ pation of the United States during the foregoing term of eleven months, balance dar? of $4,773.81. The CHAIRMAN. The Chair has just stated that the Chair thinks "V. the proper place for the bill, when so reported, is the place indicated "The United States, as lessees within the District of Columbia, were bo.und to leave the premises and buildings in as good order and condition as when en­ on the Calendar by the report from the Court of Claims. By order of tered upon, reasonable wear and tear excepted. Butduringtheoccupancygreat the Speaker of the House these cases were placed at the head of the injury was done to the premises, and the fences were taken down for military Calendar, and the Chair thinks they are there for the action of the reasons and purposes, and some of the buildings were used for lumber and others greaUy injured by the usage incident to the occupancy. The injuries House. were in the nature of voluntary wast-e, for which the Government under an im­ Mr. LANHAM:. I have never acquiesced in theideathata mere re­ plied occupancy would be liable out of the meaning of the decision of tb,e Su­ port from the Court of Claims entitles any bill to priority of considera­ preme Court in the case of Bostwick vs. The United States (94 U.S. Rep., 53). The reasonable cost of repairing the premises, buildings, and fences to as good tion; but I do think, in view of the .fact that we have considered a condition as when the United States entered iu possession there, ordinary wear number of these bills, that it is well to consider all of them now. and tear e4cepted, would be the sum of $7,669.17, making, with the balance of There are but few on the Calendar, and we will save time by going on $4,773.81 rent set out in fourth finding, a sum of SL2,442.98 due claimant for the with them. use and occupation of the premises." Mr. STEELE. The Committee on War Claims, by reporting bills The committee therefore recommend the payment of the amount found by the under the operation of the decision of the Chair, could take precedence court, and recommend that the accompanying bill do pass. over all other bills for consideration by simply having them reported Mr. BROWNE, of Indiana. I would like to know, Mr. Chairman, to the House and having them put on the Calendar in place of the re­ if the United States can ~et a fee-simple to the property when it ha.s ports from the Court of Claims, without regard to the order of their paid ior it. consideration. Mr. STONE, of Kentucky. I do not desire to yield the :floor, but will Ur. COMPTON. The gentleman ought to have made that point give the gentleman from Indiana time if he desires to be heard. before the Chair made its ruling. Mr. BHOWNE, of Indiana. I do not know that I care to occupy any The CHAIRMAN. The Chair has already made a ruling upon the time except long enough to put an interrogatory or two to the chairman point of order, and there js nothing now before the committee unless of the committee having charge of this claim. 1... an appeal is taken. The Clerk will report the bill called up by the It seems in this case that the United States paid the claimant some­ gentleman from Maryland. thing over $1,700. That was regarded at that time, at least by the Gov­ ALEXANDER MOFFITT. ernment, as a full measure of compensation for the use and occupancy of this property, and the claimant, in pursuance of that payment, ex­ The first business on the Calendar reported from the Court of Claims ecuted to the Government a receipt in full, only having a kind of mental was the bill of the Forty-ninth Congress numbered 9473, for the relief reservation that at some time, perhaps, he might try the magnanimity of Alexander Moffitt. of the American Congress to get more. The CHAIRMAN. The Clerk will report the title of the bill of the He reserved his constitutional right to get as much as he could re­ present Congress which is to be substituted for this bill. gardless of consequences. I would like to know whether or not the The Clerk read as follows: Committee on War Claims regard a receipt in full as a matter of any A bill (H. R. 6347) for the relief of Alexander Moffitt. consequence at all. The bill is as follows: Ur. STONE, of Kentucky. We regard a receipt in full as a matter Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, di­ of very decided consequence; but we also regard the findings of the rected to pay to Alexander Moffitt, out of any money in the Treasury not other­ Court of Claims as to any transaction a.s a judicial decision of the ques­ wise appropriat-ed, the sum of $12,442.98, being amount due the said Alexan­ der Moffitt for the use and occupation of the premises known as the National tion above the filing of a receipt. In the third finding of the court they Race-Course, in the District of Columbia, from the 12th day of July, 1864, to the say: 12th day of June, 1865, by the United States forces, as found by the Court of Claims. This receipt in full was given and received in the mutual underst-anding that it should not preclude the claimant from seeking in Congress the balance of the The report (by Mr. LAWLER) is as follows: rent which he believed t.o be justly his due, anci the payment was not n. final That this claim was presented to the Forty-ninth Congress, and a report was settlement such as would stop the claimant from seeking the full value of the made in regard to it by the Committee on War Claims. As the examination by occupancy, and was in fact, though not in form, merely a payment upon ac­ your committee has led them to the same results with those arrived at by the count. committee of the Forty-ninth Congress, they do not think it necessary to reca­ Mr. BROWNE, of Indiana. I used to be or at least thought I was pitulate the facts, but refer to that report, and herewith annex a copy for infor­ mation. a lawyer, and if I recollect correctly the principles of the common law Your committee adopt the said report as their own, and recommend that the that reservation to be effectivemusthave been putinto the instrument bill referred to them do pass. itself. You can not contradict or qualify the written contract of the [House Report No. 28-!3, Forty-ninth Congress, first session.) party by a mere setting up of the fact that at the time there was a mere The Committee on 1Var Claims, to whom were referred the findings of fact oral understanding that the instrument wq.s not to be effective. by the Court of Claims in the case of Alexander Moffitt against the United States, beg leave to report: I admit that if this receipt was executed under any kind of legal co­ '.rhat the Committee on War Claims of the Forty-eighth Congress, not being ercion, that might be set up as a. defense, and the receipt under such clearly and fully advised of all the facts in the case, refen-ed it to the Court of in Claims for a finding of the facts under the provisions of an a<:t entitled "An circumstances would not be operative. But that case the gentleman act to afford assistance and 1·elief to Congress and the Executive Departments from Kentucky and the lawyers of the House know what it takes to in the investigation of claims and demands against the Government," approved establish that kind of coercion against the legal effect of an executed M.arch 3, 1883. Said claim has been returned by the said Court of Claims with instrument. the following findings of fact, filed April 5, 1886, which findings have been re­ ferred to the Committee on War Claims of the present Congress, to wit: The reason why I put it in this way is simply this: Here is a case, "I. and there are others of the same character-for this is not the .first time "On the 12th of July, 1864, the clairr:ant was the owner and in possession of the I have heard this statement in connection with these claims-in which National Race-Course, in the District of Columbia.. The race-course consisted the Government paid a measure of compensation, which at the time was of about 52 acres of land, inclosed with a suitable fence, and had thereon sta­ received by the claimant, and obtained a receipt in full; and more than bles, sheds, saloons, and grand-stand, and other buildings incident to a race­ course. twenty long years after the trans::tction he comes into the Congress of "II. the United States and asks twice as much, four times as much,·and in "On the 12th of July, 1864, Lieutenant-Colonel Oberkuffer, commanding the this case perhaps six times as much as he accepted. Twelfth Pennsylvania Artillery, by order of Major-General Doubleday, then in The only apology he makes for this, it seems to me, exorbitant de­ com~.nd of the defenses of.Washington, took possession of the race-course, and the m1htary forces of the U mted States encamped upon and occupied the grounds mand is that at the time, in some kind of parley between him and the and buildings for a period of eleven months. officer of the Government, it was understood_the receipt was not to "III. amount to anything. I undertake to say in a trial of this cause before .. Tho Quartermaster Departmentinl868estimated the rental value ofthep1·em- auy court which would undertake to administer the law as it is, thle XIX-120 1906 CO~GRESSIONAL RECORD-HOUSE. MAROH 9, receipt would be held as conclusive against the claimant unless he for one, am willing to accept what the court have said in their1tnding, could show it was executed under coercion. and it was upon that basis that we made the report to this House. I presume while a mistake of law would not be operative in the case Mr. COMPTON. Thegentlemanfrom New Jersey [M:r. BUCHANAN] a mistake of fact would be, in addition to the defenses I have already will find his question an.swered in the report itself, which says: mentioned. But here is a claim for the use of a race-course in the Dis­ At. the time when the United States forces entered upon and occupied the race­ trict of Columbia in the war time, when I imagine a race-course would cour _e and buildings, as set forth in the second finding, the saloon or restaurant not have been very profitable even to the owner of it. From the little was leased by the claimant at an annual rental of $3,000, and the stables at an annual rental of St,200, and the fair rental Yalue of the course, stand, and re· experience I have bad, it is not profitable at any time to anybody else. maining property was $3,000 per annum, giving as a total rentnl value of all If the Government pays the amount of this claim, it ought at least the premises used and occupied by the United States the sum of $7,700 per an· to have a title in fee for it. However good it may be for a race-course, num. it would not probably raise anything else. Now, Mr. Chairman, I think the gentleman's question is answered .JI'bat is all I wish to say, and is a good deal more than I had intended by that part of the report. I have very little to say in connection with to say when I rose. this matter, and I will not further detain the House. Mr. STO~TE, of Kentucky, rose. Mr. BUCH.ANL"N". Does the gentleman indorse the accuracy of those 11ir. BUCHANAN. I would like to ask the gentleman from Ken­ figures? tucky a question, and then he can answer all the questions together. Mr. COMPTON. That is the finding of the court. I would like to 1.'now where those 52 acres of ground are situated? Mr. BUCHANAN. On the evidence submitted to them? :Mr. STONE, of Kentucky. In the District of Columbia. Ur. COMPTON. Well, they are the tribunal to whom you sub­ Mr. BUCHANAN. The District of Columbia is 10 miles squ:ue. In mitted the case for a finding of fact. what part of the District is this ground situated? l\ir. BUCHANAN. I ask the gentleman whether he belieYes that Mr. STONE, of Kentucky. I can not answer the gentleman's ques­ any such rentals were obtained for any such property in the District tion. of Columbia? Mr. BUCHANAN. I ask the gentleman from Mary land [1\fr. COMP­ 1\Ir. COMPTON. In other words, the gentleman from New Jersey TON] to answer it. [M:r. BuCHANAN] asks me whether or not I believe that the Court of Mr. COMPTON. I can not tell the exact location. It is known as Claims would report to this Congress a statement which is a fulsehood the old race-course, and is within the limits of the District of Colum­ upon its face. bia. l\lr. BUCHANAN. No, sir; ~nt we know nothing of the correct- M:r. BUCHANAN. I understand that, but I want to know where ness of the testimony submitted to that court. · in the Dist1ict it is. As I understand this bill, it proposes to give for Mr. COMPTON. That is not the question in this case. This bill rental of this piece of ground of 52 acres and the frame buildings upon has been through as fiery an ordeal as any bill that ever came before it a sum in excess of $7,000 for ele,·en months' occupancy, in addition Congress. It passed through the Committee on War Claims in the last to $7,700 for injuries to the buildings by such occupancy. I want to Congress, at the head of which, as is well known, stood a man of keen know where anv 52 acres of ground outside of the boundaries of the intellect anu endowed with gifts which especially :titled him to have city of Washington lie in the District that can be rented for any such charge of such questions as came before that committee. sum even now. This bill passed through that ordeal and met with the approval of Jtir. STONE, of Kentucky. Have you any other question you wish the committee; it passed through the ordeal of the Court ol Claims, to ask? and comes to us with their indorsement; and now, forsooth, comes the :Mr. BUCHANAN. Not now. I want to see how you get along p:allant, gifted, chivalric, noble-hearted, generous gentleman from In­ with that question. dian [Ur. BROWNE] to demand the obligation of the bond, to demand 1\Ir. STONE, of Kentucky. I think I can get along with it to your the pound of flesh! [Laughter. J It is unlike him, sir. But my friend satisfaction. from Indiana did not read carefully that portion of the report to which In answer to the remarks of the gentleman from Indiana, about the he referred in stating his objections to this bill. He did not do :fhl1 receipt, I will say that everybody in this House knows, who bas justice to himself or to this case. What is the language? This, bear any knowledge of how things were done during the war in settlements in mind, is the iinding of the Court of Claims, not the declaration of with the Government, that there was a particular form of receipt to be the claimant; not the statement of an advocate of his upon this floor, signed. The protest of the claimant in this case was made clearly ap­ bnt a solemn finding rendered by a competent tribunal. And what is parent to the court, for the court says it is understood that is not a its language on the point to which my friend has referred? final settlement. I certainly think we are not superior to the Supreme The Quartermaster Department in 1868 estimated the rental value of the prem­ Court of the United Staijes. They never attempt to go behind the find­ ises during above occupancy to be ·t,'i84A5. The claimant at first refused to ac­ cept this amount, but upon being assured by the officer making tl.Je payment in!!S of the court in cases that come to them from the Court of Claims. tl.Jat his ucceptance would not, preclude him from seeking the balance of his Now with regard to the ground itself, I do not know where this claim, he accepted it and signed a receipt in full. ground is. I appeal again to the gentleman from Indiana [Mr. B:ROWNE] and Mr. BROWNE, of Indiana. Do I understand the gentleman to say ask him if, with that finding before him, be is still determined to come that the Court of Claims, or any other court, has found, as a legal in here and demand the pound of flesh . [Renewed laughter]. proposition, that a contemporaneous verbal arrangement can be used Mr. WARNER. If the gentleman from 1\faryl:md [.Mr. COMPTON] to affect an executed legal instrument? will pardon a question, my recollection from glancing at the report is Mr. STONE, of Kentucky. Well, 1\ir. Chairman, the gentleman is that the balance of rent found due is in round numbexs about $41600. highly technical. Am I correct? Mr. BROWNE, of Indiana. Not at all. That is the very essence Mr. 001\IPTON. Forty-five hundred dollars. I observe that the of the matter. Court of Claims finds as a matter of fact that the troops occupying Mr. STONE, of Kentucky. The Court of Claims undertook to find these fair· grounds committed voluntary waste; that the premises were the facts, and the Court of Claims authorized the certification to us by damaged to the amount of $7,600. t heir clerk of the facts which they found, and when they have l!ertified Mr. CO:~iPTON . That is right in round numbers. those facts to us, I do not propose to question their finding or to go Mr. WARNER. The sum of $7,600 is added to the rental, making back and try to hunt up the evidence upon which theymadethatfind­ $12,000. ing. I take it for granted that the court was satis.fied tJ:tat the facts Mr. COMPTON. That is right. existed, or else they never would have hazarded theu officml ch.aracter 1\Ir. WARNER. Now, I wish to ask whether the allowance of this by certifYing as afacttbatwbich was no fact. Astotbeground1tself, I claim would be in accordance with the practice of the Honse. I know repeat that I do not know where it is. I do not know anything about it. that in the case of a college, where I presented a claim for rent, and in :Mr. BUCHANAN. Ur. Chairman, since I asked the gentleman that the Nashville case in the last Congres 1 this House refused to pay for question, I have been informed privately that this ground is what is damages voluntarily done by troops while occupying premises. known as the old race-course, beyond the Government Insane Asylum. One other suggestion I wish to make. It appears that when tho re­ If so, the rental, $7,000, is probably equivalent to the value of the fee­ ceipt in this case was given there was an understanding that the party simple. should have a right to appeal to Congress; bnt there is no pretense in Mr. STONE, of Kentucky. Well, as I have said, I do not know where the finding of fact by the Court of Claims that the claimant did not at the ground is, and it is immaterial to me where it is. The committee of the time he gave the receipt know every fact that he knows to-day; the Forty-eighth Congress were not satisfied as to the facts of this case, there is no pretense that he was misled by any misrepresentation of an and they referred it to the Court of Claims. The Court of Claims, after officer of the Government as to the value of the premi es or the amount making a thorough examination of the case, have reported the facts back ofdamage done. Now, it seems to me certain that in no court of the land to us, and as I have already said, I do not think there is any obligation would this claimant be permitted to set aside a receipt in full unless he upon us to go behind the findings of the Court of Claims. They made could show that duress bad been used or that in giving the receipt be their finding and directed their clerk to certify that finding to us, and bad been deceived, not knowing all the facts. There is no pretense of I believe that is all we have any right to deal with, and I do not think that kind; it is simply claimed that he reserved the constitutional right that we ought to go back and undertake to question the finding of the of every citizen of this Government to present his petition to Congress. court. The court have fonud that this ground is in the District of If there had been any attempt to deprive him of this right, it could Columbia, and that its occupancy was worth this amount of money. I, not haTe been done.

', 1888. CONGRESSIONAL RECORD-HOUSE. 1907

Mr. COl\IPTON. I regret very much that the distinguished gen­ be given in evidence in explanation of the receipt; but I undertake to tleman from J'.lissouri [Mr. WARNER], after the very appropriate, elo­ say that when a party executes an instrument in writing which ex­ quent, and feeling address which he delivered in this House yesterday, presses plainly and distinctly a particuJar state of facts, it can not be an address so forcible that if I had had any constitutional scruples in contradicted by evidence that at the time of its execution it was nuder­ reference to the then pending proposition be would have removed stood or agreed between the parties that it was not to mean the facts . them, should to-day b~ converted into another Shylock. I do not stated in the receipt, but was to mean something else entirely different. mean anything offensive to the gentleman. Mr. COBB. That is the very proposition I challenge. I will answer the gentleman's first question by referring again to 1\Ir. BROWNE, of Indiana. Then let your cha11enge and I}lY asser­ the report of the Court of Claims, as I have already done in answer tion go to the country together. I am content. to gentlemen who preceded him. The gentleman has asked as to the Mr. COBB. Let me ask you a few questions on that point. figures which go to make up the whole sum claimed in this bill. After Mr. BROWNE, of Indiana. I do not want to turn myself into a referring to the claim for rent be goes on to talk about "voluntary law school to teach the gentleman law; I have n~t time, and the com­ waste." Now, this is the finding of the court: pensation is not sufficient. [Laughter.] The injuries we1·e in the nature of voluntary waste, for which the Government, Mr. COBB. I think I have a right to challenge propositions of law nnderan implied occnp'uncy, would be liableout of the meaning of the decision which will not be found in any law-book recognized in any of the of the Supreme Court in t.he case of Bostwick vs. The United States (94 United schools. States Reports, 53). Mr. BROWNE, of Indiana. I have heard the gentleman's statement Now, I am no better lawyer than the judges of the Court of Claims­ and I am content. certainly no better lawyer than the justices of the Supreme Court; in Ur. STONE, of Kentucky. I insist on my motion that thecommit­ fact I am no lawyer at all; but I would notwant anyhigherauthority tee rise and report the bill favorably to the House. for a legal proposition than the Supreme Court of the United State:;, :Mr. GROSVENOR. I move to amend by striking out "four" and 1 even though the opinion of the gentleman from Missouri stood in the inserting ''three'' before the word ' thousand.'' way. Mr. Chairman, I congratulate the country on the progress we are mak­ Mr. WARNER. In reply to the gentleman from Maryland (Air. ing in taking up and disposing of these nrious classes of claims. The 1 Co:urro~], fwish to say I was not citing the authority of the Supreme ''soul'' of the country is ' marching on'' in the direction of paying Court, but was simply arraigning the Committee on War Claims by for the ravages of war. We have appropriated S20,000 to-day to that suggesting that this report conflicts with other reports of that commit­ class of claims which we may class as "spiritualities." Now we come tee disallowing claims for waste. to one which I will class as "venality," and when we make an appro­ Mr. STONE, of Kentucky. The Committee on War Claims is very priation for rent of a race-course occupied by United States troops, that willing to be "arraigned" on questions of this kind. In this case will be an appropriation in the direction of "rascality." there was a contract, and there was an implied tooancy on the part of Mr. STONE, of Kentucky. I make a point of order on the gentle­ · the Government; in the other cases to which the gentleman refers these man's amendment. If I unders-tood it aright, there is no such word circumstances did not exist. This difference between the two classes in the bill as the gentleman proposes to amend. of cases the court plainly sets out. The CHAIRMAN. The gentleman can offer, for the purpose of de­ Mr. Chn,irman, I move that this bill be laid ~ide to be reported fa­ bate, such amendment as be thinks proper. vorably to the Honse. 1\Ir. STO~E, of Kentucky. But it must have some application to :M:r. BROWNE, ofindiana. M:r. Ch..'l.irman, I certainly desire to th::mk the bill. the gentleman from Uaryland [Mr. Co::\IPTO~] for the very complimen­ The CHAIRMAN. An amendment may be merely formaJ, as, for tary manner in which he was pleased to speak of myself. I do not question instance, to strike out the last word. the correctness of tbefindingoftheCourt of Claims upon thematteroffact Ur. GROSVE~OR. I move to strike out an item of this bill; I sup­ involved here. What I asnume is th::tt, taking the facts as granted, pose that is competent. they create no legal obligation on the part of the Government of the :Mr. STONE, of Kentucky. The gentleman should designate an United States to pay this claim. In other words, in an adjudication item which is in the bill. before the court between two citizens or between the United States anrl :Mr. GROSVENOR. Ur. Chairman, gentlemen stand here and say a citizen, the evidence of the circumstances as detailed here under which that the j ndgment of the Court of Claims is a finality. Then why is this this receipt was executed would be held as incompetent testimony and bill here? If Congress has nothing to do with the question, w by is this ruled out. appeal made now? Are we here simply to register our approval of a Now, the question th..-.t remains is whether we who' are guarding matter which is res judicata, or is there something left for us to do? If the doors of the Treasury-and I know of no gPntlcman who is more there is, what is the use of quoting as a finality a judgment of the Court eeonomica.l in his instincts than the gentlellli1n from Maryland [Mr. of Claims? It is said we must give "full faith and credit" to the de­ CoMPTO~] and the distinguished gentleman who stands at the head ci ions of the courts; and I agree to that proposition. of the War Claims Committee-the question is whether we shall st.'l.Ild llut I understand the quesLion now to be addTessed to the discretion upon the legal rights of the Government in this case; whether, when of Congress whether we will pay a particular claim. The amount iu­ the Government has a. good defense in law and in equity, according to vol\ed is a question addressed to our discretion,. because we certainly every rule of law or equity, the Government should avail itself of snch ha>e a right to amend this bill by cutting down the amount; we have defense? I say in the pre::.ence of the lawyers of this House that this a right to insert conditions as to th~ payment of the claim; we have receipt, executed as areceiptinfulUol'the snbject-matterofthisclaim, a right to direct to whom the money shall go. Therefore theTe is with a mere verbal undeJ:standing between the claimant and the agent something left for Congress to speak about. What is it? We are au­ of the Go>ernment that it was not to bini!. him, is an instrument which thorizeil to determine in the first place whether we will recognize the the Government is entitled to stand upon as final. propriety and justice of this class of claims; and, in the second place, Mr. COBB. If the gentleman will pardon me, I wish to challenge whether we will pay the amount claimed. his proposition. What do the advocates of this bill say? They appeal to our discre­ Mr. BROWNE, of Indiana.. I am glad to find one courageous gen­ tion. They say, "The Court of Claims has found the amount due, tleman who is willing to stand upon the law as urged in support of this. but could not render judgment for it., and we come asking Congress to claim. pay the amount." We have the right to pay the whole amount, to Mr. COBB. I would like to ask the gentleman a question, with his cut it down, or to pay nothing at aU. When we appeal to gentlemen permi~ou. representing the claim they do not know where this ln.nd lies. They Mr. BROWNE, of Indiana. I shall be very glad to hear the ques­ say they have reason to believe, they strongly suspect, they infer that tion. it is in the District of Columbia, but whether in the city of Washing­ Mr. COBB. Does the gentleman assert in the face of this House tlL.1.t ton or out upon some of the red-clay soil surrounding the city, the any receipt which evidences the payment of money is not in a court of rental of which at the time in question was not worth a dollar an acre law subject to explanation? for a hundred years, they do not say. Mr. BROWNE, of Indiana. Oh, I havenotsa.id what the gentleman Whether that land out there the ground-squirrel who should under­ understands me to have said.. take to pass over it would have to carry his rations, they ito not say Mr. COBB. I understood the gentleman to say that the receipt was and do not know. What sort of a claim is that? What sort of an ap­ final. peal to the discretion of Congress is that? 1\Ir. BROWNE, of Indiana. I will state my proposition in my own I only want to blaze the trees along the path that we are traveling. way. We started on a high plane to-day-we started to recognize the purity Mr. COBB. Let us hear it again. and propriety of the clergy. We came down to horse-races, and we Mr. BROWNE, of Indiana. A receipt for a sum less than the whole will strike bottom when we come to gamblers, and when we do we of an ascertained debt is not a receipt in full; but a receipt in full for ,will turn them up and come to a pln.ne higher than we started ou. a debt in controYer y, or a sum in controYersy, or a claim in contro­ It shows, !1r. Chairman, we are traveling on dangerous ground when versy, is a receipt in full; and the mere fact that the existing indebt­ you permit pecuniary consideration, when you permit religious consid­ \ edness or claim appears to be larger than the amount named. in the re­ eration to enter into our action here and set aside the great principles ceipt, does not open it 1or explanation. Wben rt receipt bas been exe­ upon which this Government has been carried on for a century, a course cuted under a mistake of fact or under dtuess, snch circumstances may against which Congress bas ever protested. The system you tap at the 1908 CONGRESSIO;NAL REOORD-HOUSE. MAROH 9,

mouth has its ramifications all over the American soil and embraces A bill (H. R. 8089) for the relief of Elizabeth Griggs, administratrix every J:OssiLlc interest. It pours the Treasury into the laps of the pres­ of Charles Murphy; ent owners of these claims, which were abandoned by their realown­ A bill (H. R. 8090) for the relief of John B. Reid; ers years ago. A bill {H. R. 8091) for the relief of Horace P. Hobson, udministrator [Here the hammer fell.] of John 0. Graves; 1\Ir. STO:t-.TE, of Kentucky. Mr. Chairman, I want to say, through .A bill !H. R. 8092) for the relief of Mary A: Blackwell; my course of service in this House-not a long one-I have never heard A bill H. R. 8093) for the relief of Elizabeth P. Dyer; any gentleman get on the floor of the House of Representatives and in .A bill H. R. 5484) to pay to Urias Buskirk the amount found due f:O short a time make the wholesale charges of corruption against any him by the Court of Claims; committee, or any set of gentlemen, as was done in the remarks of the .A bill (H. R. 8340) for the relief of John M. Campbell; gentleman from Ohio. I want to announce again, as I said before, A bill (:EJ. R. 8341) for the relief of Robert H. Walton; when I came here and was put at the head of the Committee on War .A bill (H. R. 8342) for thereliefof James C. Jenkins, n.dministrator Claims, the work had been la.id out for the committee before this Con­ of Thomas C. Jenkins; gress and before the Forty-ninth Congress. I found the laws existing A bill (H. R. 8343) for the relief of Sarah McFerrin, administratrix as they are to-day. The people living all over the country hacl been of Robert Waters; invited to come forward and present their claims. They have been pre­ .A bill (H. R. 8344) fOt" the relief of Sarah E. Uendenhall; senting them for twenty years, and they have been put off from Con­ .A bill (H. R. 8603) for the relief of David H. Hildebxand; gress to Congress until now. .A bill (H. R. 8604) for the xelief of James Tucker; Now, the Committee on 'Var Claims has not set :up any particular .A bill (H. R. 8605) for the relief of Americus V. Warr, administra- religious predilections. · tor of Nicholas H. Isbell; Mr. GROSVENOR. I have not said a word to the Committee on A bill (H. R. 9379) for the relief of John Heflebower; War Claims. I made my speech to the Committee of the Whole. I .A bill (H. R. 9381) for the relief of Robert Smith; do not know what the Committee on War Claims has done. If the A bill (H. R. 9382) for the relief of John R. Watkins, administrator judgment of that committee is final then what are we here for? of Matilda W. Anderson; . Mr. STONE, of Kentucky. .Ah, it is well to say that no charges are A bill (H. R. 9383) for the relief of Indiana E. Hughes; made against the Committee on War Claims. It is the Committee on A bill (H. R. 9384) for the relief of Newitt Harris; War Claims which has charge ot this bill, and they have reported it .A bill {H. R. 9646) for the relief of .Anna M. Cogswell; on the evidence they had. It is not to be said the Committee on War .A bill (H. R. 9648) for the relief of John A. Bnrsler; Claims must be able to blaze the trees on any particular claim or any A hill (H. R. 9649) for the relief of Thomas F. Perkins, administra­ particular bill they may have under consideration. Bec.~use some tor of Eliza M. Dawson; gentlemen can look over the ground and tell where it is, I ask whether .A bill (H. R. 9650) for the relief of the Corporation of Romn.n Cath­ we are to go out and make survey of the landmarks indicating the olic Clergymen of the State of :M:a.ryland; location of the claim. .A bill (H. R. 11030) for the relief of John R. McKinnie, adminis­ So far as I am concerned I have no interest in this claim. I have trator; little interest in any war claim. I was sent here by my constituents, .A bill (H. R. 11031) for the relief of Simon Witkouski; and I was sworn in front of that desk to perform my whole duty, and A bill (H. R. 11032) for the relief of John R. McDowell, administra­ I intend to do so faithfully and consistently while I am on this floor, tor of the estate of John MeDowell, deceased; uotwithstanding the insinuation that bills are being reported and passed A bill (H. R. 11033) for the relief of S. H. Brodnax, executor of that should not be. Such imputations are not correct, and they come George T. Taylor; generally from that class of men who have secured in the past the pay­ .A bill (H. R. 11034) for the relief of William H. Cook, sr.; ment of claims they presented for their own districts, and are willing . A bill (H. R. 11035) for the relief of .Ann Moreau; to see the balance of the people of the United States kept out of the A bill (H. R. 11036) for the relief of John Loague, administrator; pale. A bill (H. R. 11117) for the relief of John Kelley; Ur. LANHAM. · M:r~ Chairman, I think it will be impossible to get A bill (H. R. 11118) for the relief of John Loague, administrator; through with this bill this evening. · A bill (H. R. 11119) for the relief ofT. J. Powell, administrator; Mr. COMPTON. I hope the gentleman will allow a vote on the A bill (H. R. 11120) for the relief of John H. Mitchell; amendment of the gentleman from Ohio. .A bill (H. R. 11083) for the allowance of certuin claims for stores The CHAIRMAN. Will the gentleman from Ohio send up the and supplies taken and used by the United States Army, as reported amendment he proposes? by the Court of CJaims under the provisions of the act of March 3, Mr. GROSVENOR. My amendment is that this bill be reported to 1883, known as the ''Bowman act;'' and the House with the recommendation to strike out all after the enact­ A bill (H. R. 11203) for the relief of the Protestant Episcopal Theo­ ing clause. logical Seminary and High School of Virginia. The question was taken on the amendment of ?t1r. GROSVENOR; and Mr. RICHARDSON. One of the bills read by the Clerk-John A. on a division there were-ayes 56, noes 26. Bursler-should be corrected to read John A. Oursler. It is misprinted 1.1r. COMPTON. No quorum. in the bill. Mr. LANHAM. Will the gentleman yield to me for a moment? The SPEAKER pro tempo1·e. The correction will be made. Mr. COMPTON. Certainly. POLICE FORCE, DISTRICT OF COLUl\IBIA. Mr. LANHAM. I wish to make a motion that the committee now 1\Ir. HEMPHILL, by unanimous consent, from the Committee on the rise, as we take a recess anyhow at 5 o'clock, and it is very near that District of Columbia, reported back favorably the bill (H. R. 6677) to time. amend an act entitled "An act to increase the police force of the Dis­ Before that motion is submitted, I :find by examination of the Calen­ trict of Columbia, and for other purposes," approved January 3, 1883; dar that there are only five bills remaining unconsidered of these Court which was referred to the Committee of the Whole House on the stato of Claims bill

his Army service, there is certainly strong presumptive pt·oof that such was the sions in the last session of the Forty-ninth Congress, but at so late a date that fact, the medical examining board giving that opinion; and as the pension, if same was not reached for action. gra.nted, will go' to the widow, who is struggling to support herself, your com­ Your committee adopt that report, hereto annexed, as their own. and recom­ mittee report the bill back: with a recommendation that it do pass. mend the paEsage of the bill, with an amendment striking ou~. in the sixth line The bill was laid aside to be reported to the House with the recom­ of the bill, the word •· fifty" and inserting in placo thereof the word "forby· five." mendation that it do pass. [House Report No. 4105, Forty-ninth Oongress, second session.] 1\IRS. 1\IAJlTHA 1\I. BAGLEY. Henry B. Shaw was a private in Company I, Third Regiment Iowa Volun­ teers; was wounded at battle of Ilatchie, October 5, 1 62, •· by a SHnch canis­ The next bill on the Private Calendar was the bill (H. R. 3849) grant­ ter ball or grape-shot entering near the middle of left clavicle, p ssing through ing a pension to Mrs. Martha M. Bagley. shoulder and left lung, and coming out through middle spine of scapula," in­ The bill was read, as follows: flicting a most terrible and distressing wound, which not only destroyed the arm, rendering it lifeless and useless, but so injured the lung and shoulder as to Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ make his disability much greater than that of an amputation at the shoulder­ thorized and directed to place on the pension-roll, subject to the provisions aud joint. limitations of the pension laws, the name of Mrs. Martha M. Bagley, widow of He was granted a pension June 24, 1865, which has since been increased, until Charles l\1. Bagley, deceased, late of Oompany A. Fifteenth New Hampshire he is now receiving the highest rate, which, nuder the law, his unusual disa­ Volunteer Infantry. bility is entitled to, namely, $36, for total disability of left arm. The report was read in part. Had this man's wound been such as to cause amputation of arm at shoulder­ J!!lr. NUTTING. I move that the further reading of the report be joint he would under the law receive $45 per month, butit is very clearly estab­ lished by abundant official, medical, and other t-estimony, which is attached dispensed with. hereto and made a part of this report, that his disability is far in excess of such There being no objection, the further reading of the report was dis­ an amputation, and that he suffers constant and severe pain therefrom. pensed with, and it was ordered to be printed in full in the RECORD. The wound which has totally destroyed his arm, being above the shoulder­ joint, such an amputation would not relieve him; but your committee believe The report (by Mr. GALLINGER) is as follows: him certainly entitled to the highest rate of pension allowed by law for the The Committee on Invalid Pensions, to whom was referred House bill 384.9, loss by amputation of an entire arm. There i no general law which can do having considered the same, beg leave to report as follows: this man justice; we therefore recommend the passag-e of this bill, afler :first Charles M. Bagley, late of Company A, Fifteenth New Hampshire Volunteers, being amended by striking out of the fifth line the word" fifty," and inserting was pensioned for a gunshot wound in the left hip, and died J"une 7, 188!, from the word "forty-five." peritonitis. The widow made application for a pension, but the claim was re­ EXHIBIT A.-Affidavit of Henry B. Shaw. jected on the ground that death was not the result of the wound for which sol­ dier was pensioned. STATE OF IoWA, Floyd. County,ss: Two physicians (Drs. Judkins and Lovering) attended the soldier in his fatal Henry B. Shaw, after being duly sworn according to law, states as follows: illness, and two others (Drs. Marston and Harriman) were present at the autopsy. l\Iy name is Henry B. Shaw; I am forty-eight years old, o.nd was a private in These medical men severally testify as follows: Company I. Third Iowa Infantry, during the late war for the Union, and while Dr. FrankL. Judk:inssa.ys: in the line of duty at the battle of Hatchie River, 1\Iissis ippi, during a. cha1·ge "I was called to see Charles M. Bagley several times during the winter of made upon one of the enemy's batteries by my r egiment, I w struck in the 1884. At such times I found him sufl'ering with severe pain in left inguinal breast by a cast-iron shot weighing six ounces, and the said shot was cut ou' of region, which radiated over the bowels. I was present at his autopsy, which my back by the surgeon of my regiment, and is now inmypo_session; the effect revea.led a mass of old adhesions near the track of bullet wound received in of the sa.id shot was to entirely paralyze my left; arm, and to so injure the nerves the service. I believe this wound was the primary cause of his sickness and of that part of the body as to make me sutfer intense and continuous pain, and that be died from its effects." at times the pain is so severe as to be almost beyond endurance, and this Dr. F. S. Lovering testifies as follows: state of things has existed continuously for twenty-four years, and seems to in­ ·• Was called to see soldier six months previous to his death. Found him crease rather than diminish as I get older. suffering from intense neuralgic pains in vicinity of wound received while in HENRY B. SHA.W. the Army, radiating thence over the abdomen. He suffered in this manner Subscribed and sworn to December 16, 1887. almost daily until his death. He had also, as he told me, suffered with same, in a Jess degree of severity, ever since he was wounded. At the post mortem we EXHI.liiT B.- .A.bldat•it of 8. G. Blythe, !JI. D., of Nora Springs, Iou:a. found evidence of chronic peritonitis, with adhesions in vicinity of wound. I On examination I find a large cicatrix similar in appearance to tho e left after believe the wound te have been the remote cause of his illness and death." wounds by large bullets, or by grape-shot, situated just below the left clavicle Dr. Enoch Q. Marston, who did not attend soldier, but was present at the post and covering the first intercostal space. the second rib, and part of the second mortem, gives this opinion: intercostal space. The center of cicatrix is equidistant from the median line "I was present at the autopsy of the said soldier, which autopsy showed that and the acromion process. The continuity of the second rib has been broken there had been extensive peritonitis, most marked in the left inguinal region; by the missile, and cartilaginous union of the fragments has taken place. Over that there was an old cicatrix below Poupart's ligament, said to have been made the left scapula and 4~ inches from spinal column, and 2t inches above inferior by a. bullet in the Army. judging from the position of the scar and the severe angle of scapula, is a long cicatrix, appearing to have been the result of an in­ peritonitis, I believe that they may have had a common origin, namely, the bul­ cision thl·ough the muscles covering the scapula, pn.rallel with spinal column. let wound." The line of direction from the anterior cicatrix to the posterior cicatrix is back­ ·Dr. A. H. Hru:riman, who was also present at the autopsy, is somewhat more ward, slightly downward, and a trifle outward. explicit. He says under oath: Shaw represents to me that the anteriorcicatrixistheresultofawound made "I was present and took part in an autopsy upon the dead soldier, and the by a cast-iron grape-shot, and that "posterior cicatrix is the result of an incis­ following is substantially the condition found, namely: The cicatrix of a wound, ion made by Dr. Keebles, regimental surg·eon, fo1· the purpose of extracting said like that made by a bullet, in the thigh, immediately belowPoupart's ligament, ball." As resulting from said wound, I find the following conditions present: internal to the left of the femoral bone, and the results of a general chronic peri­ The arm, fore-arm, and hand are, to a considerable degree, paralyzed; the mus­ tonitis. Entire peritoneum greatly thickened, with small amounts of serum in cles are atrophied; those of the hand and fore-arm greatly so; those of the arm abdominal cavity. Evidences of the most intense inflammation were in prox­ to a less extent. The flexors of the fore-arm are moderately strong, the ex­ imity to the wound; here there were adhesive bands in abundance. Bladder tensors very weak. The flexors of the wrist and hand operate slightly; the ex. agglutinated to intestines and intestines to parietes, with products of hemor­ tensors not at all. The hand is withered and colorless; sensation on the palmar rhages. In the most dependent portion of the abdominal region the color was surface is nearly normal, on the dorsum of the fingers it is nearly wanting, on nearly black and gradua.llyshaded off to a lighter color as one proceeded in any the dorsum of the band it is very slight. The arm and fore-arm are useless for direction from the old wound, so that outside of the left inguinal region agglu­ all purposes where the extensors are brought into play, extension being only tinations were rare and evidences of hemorrhages not discoverable, the perito­ accomplished by the aid of the other hand, or that of another person. Circula­ neum presenting alight gray color. I further declare that it is my professional tion is impeded, and the hand and fore-arm have a temperature much below opinion that the aforesaid bullet wound was the direct and exciting cause, either normal. by septic absorption or by extension of inflammation of the at first local and The interference of the missile with the brachial plexus, besides having caused final general peritonitis, resulting in the soldier's death. I will state that as one this partial paralysis of the member, is evidenced further by acute and con taut reason for giving this opinion its analogue is scarcely less than a daily occur­ pain, preventing the patient, often totally incapacitating him, from attending rence in hospitals, especially in gynecology." to any business. As to the amount of disability resulting from this wound, my The widow testifies that she has four children, respectively aged thirteen, judgment, from this examination and from personal knowledge of said Shaw eleven. ten, and seven years; that her entire property does not exceed $75 in during the period named, would be that the loss of the arm at the shoulder-joint vn.lue, and that she is in delicate health, and has no other means of support than could not have occasioned g1·eater disability. that supplied by doing washing for her neighbors. J"udge David H. Hill makes I further state that I am in no way related to said Shaw, and am in no way affidavit to the correctness of the widow's statement. whatever, directly or indirectly, interested in the prosecution of any claim by In t.his case the equities seem to be strongly in favor of the claimant, and we him for pension relief. therefore report the bill back: with a recommendation that it do pass. S. G. BLYTHE, 1\I. D. The bill was laid aside to be reported to the House with a favorable Subscribed and sworn to December 16, 1886. recommendation. ExHIBrr C.-From cerlif~ate of medica! examining board of Mason City, Iowa. HENRY B. SHAW. He has received a gunshot wound of left shoulder; the ball entered lefl; breast just below tbe clavicle, passed backward and downward, and came out through The next pension bill on the Private Calendar was the bill (H. R. scapula1 inch from inner border. The clavicle was fractured by ball; it feels 150) granting an increase of pension to Henry B. Shaw. rough and irregular. The scar of entrance measures 3} inches vertically, trans­ The bill was read, as follows: versely H inches; tender, adherent, and dragging some discolored purple. Tho scar of exit is the appearance of excised wound It inch tot inch; tender. not ad­ B e it enacted, etc .. That the Secretary ofthe Interior be, and he is hereby, au­ herent or dragging. The left arm measures around biceps 81 inches ; fore-arm thorized and directed to increase the pension of Henry B. Shaw, late a member 7!-. right biceps 1U; fore-armll inches. The muscles of left arm are soft, flabby, of Company I, Third Iowa Infantry, to $50 per ,month, and pay him such in­ cold, and atrophied. He can not use the arm or hand at all; he can not grasp creased pension from and after the passage of this net. anything with hand. Can not use any of the joints of(--) of arm, and shoulder The bill was reported with the following amendment: not stiffened, but loss of muscular power. The paralysis is of local origin; al­ In line 6,shike out "$50" and insert "$-15." most entire loss of sensation of band and entire arms; hand is drawn around­ around at right angle t{) (to) wrist at what is called droped wrist. lle can not Tbe repol't (by Mr. SPOONER) was read in part~ make any use of the hand; the joints can be moved by taking the other haml to lli. NUTTING. I move that the further reading of the report be move them. He can not use hand or arm for eating or any other purpo e. '.rhere is total disability of hand and entire arm. He does not require regular aid and dispensed with. .A. man who has been shot with a 3-inch canister ball attendance-, but requires help in dressing himself. or grape-shot is surely entitled to a pension of 545 a month. S. H. WASHBURNE, President. There being no objection, the further reading of the report was dis­ G . F. McDOWELL, Secretary. H. R. IRISH. TreasU1·er. pensed ·with, and it was ordered to be printed in the RECORD. It is JANUARY 5, 1887. as follows: EXHIBIT D. The Committee on Invalid Pensions, to whom was referred the bill (H. R. STATE OF IowA, County of Floyd: 150) granting an increase of pension to Henry B. Shaw, respectfully report: We, the undersigned citizens of Nora Springs, Floyd County, Iowa., after be· That a similar bill was favorably reported by the Committee on Invn.lid Pen- ing duly sworn, do declare and say that we have had an intimate personal ac- 1888. CONGRESSIONAL RECORD-HOUSE. 1911

quaintance with IIenry B. Shaw for many years, and know from our own per­ commodations were very poor, she being obliged to sleep on the stone floor of sonal observation that he suffers great pain continuously from the effects of a one of the alcoves, with ouly a blanket for protection. The result of this ex­ gunshot wound through the body, received during the late war, and we have posure was a severe cold and inflammatory or acute sore throat, which nearly frequently seen him suffer so intensely that he was incapacitated for attending cost her her life. I performed a surgical operation at that time and once since. to any kind of business. Iu the first operation (in the Pa-tent Office Hospital) I was obliged to lance her H. GOGE. Loan Agent. throat in order to reduce the swelling. In the second operation I removed W. S. SWEATI'. Merchant. tumors from both sides of her throat, the tumors being the result of the previous L. S. FRARY, Mffehant. uiseased condition of her throat. I believe the disease of claimant's throat, S. J. KEYS, Photograph£1'. which disease has incapacitated her from e.'l.rning a livelihood, to have origi­ S. M. MITCHELL, Merchant. nated from exposure during her service as nurse in the hospital.' W. H. GOUSER, Merchant. "It would seem from all the evidence that this claimant rendered faithful and G . 1\IILLER, Merehan.t. efficient service until November, 1863, when she was compelled to ask relief J. l\1. SHEETS, Merchant. from dutyou account of her disability, which had become chronic, which disease W. W. BAKER, Botel-keeper. she contracted in line of he1· duty and while under orders of United States sur­ B. H. BRITTON, Coal dealer. geons; that after her discharge she returned to duty, and rendered voluntary Subscribed end sworn to December 16,1886. duty until November, 1864. During her service she was treated for the disa­ bility in the Patent Office Hospitn.l, and also in Slough Ho pital, at Alexandria, The amendment was agreed to, and the bill as amended was laid Va. Her disability has been continuous; her throat is disfigured wilh ugly as:iiJe to be reported to the House with a favorable recommendation. scars, which in themselves bear mute testimony of her sufrerings. She is a maiden lady sixty years of nge, poor, with no one to look to for support. Your JUDITH PLUMMER. committee, in view of her services and sufferings, are of opinion that the Gov­ The next bill on the Private Calendar the bill (H. for ernment should give her some assist.'\nce in her age and poverty,and respect;.. was R. 2456) f.ully report back the accompanying bill as amended and recommend its pas­ the relief of Judith Plummer. sage." The bill was read, as follows: Your committee fully concur in the conclusions reach'2d by said committee, and therefore likewise report favorRbly on the accompanying bill and ask that Be it enacted, ete., That the name of Judith Plummer, of Washington, D. C., it do pass, amended, however, by striking out the word "twenty," in line 6, and who, during the late war, was a nurse under Dorothy Dix, be, and hereby is, inserting therein instead the word "twelve;" and also by striking out aU aff.er placed on the pension-roll of the United States at the rate of $12 per month, sub­ ject to the limitations and provisions of the pension laws, said pension to date the word "laws," in line 7. from her discharge from the Army. The amendments recommended by the committee were agreed to. The Committee on Invalid Pensions reported the following amend­ The bill as amended was laid aside to be reported to the Honse with ments: a favorable recommendation. In line 6, strike out "$20" and insert "$12." ELVIRA COOPER. In line 8, strike out the words "said pension to date from her discharge from the Army." The next. pension bill on the Private Calendar was the bill (H. R. The report (by M:r. FRENCH) wa.s read, as follows: 459) for the relief of Elvira Cooper. The Committee on Invalid Pensions, to whom was referred the bill (H. R. The bill was read, as follows: 2455) for the relief of Judith Plummer, have had the same under consideration. Beit enacted, etc., That the Secretary of the Interior be, and he is"hereby, author­ and beg leave to submit the following report: ized and directed to place on the pension-roll the name of Elvira Cooper, foster­ .A. imilar bill, introduced in the Forty~ninth Congre~s, was favorably consid­ mother of Eugene H. Cooper, deceased, late of Company G, One hundred and ered by the Committee on Invalid Pensions, and the following report submitted forty-second New York Volunteers, and of Company B, One hundred and sixty­ to the House: ninth New York Volunteers, subject to the conditions and limitations of the "Judith Plummer is one of the corps of nurses formed by Dorothy Dix, for pension laws. service in the hospitals of the .Army during the late war. In her sworn state­ ment accompanying her papers, she says: The report (by Mr. SAWYER) was read, as follows: "'I was eru·olled under Dorothy Dix in March,1862, and served until Novem­ The Committee on Invalid Pensions, to whom was referred House bill No. 450, ber, 18G4.' " have duly considered the same, and report: Early in her term of service she contracted a disease from which she has ever Tha.t Eugene H. Cooper was born August 5, 1846. His father died in June, since suffered. She filed an application in the Pension Department, No. 358960, 1851; his mother died August, 1855; one month thereafter he was adopted by alleging that in March. 1862, while in the Patent Office Hospital, Washington, his uncle, George W. Cooper and Elvira Cooper, the wife of the said George W. D. 0., she was compelled to sleep upon the stone floor, by which she contracted Cooper. a severe cold, which resulted in an enlargement of the right gland of the throat Eugene H. enlisted in Company G, One hundred and forty-second Regiment and chronic difficulty, with which she still continues to suffer. This claim was New York Volunteers, in April, 1&>4, with said foster-father's consent. Said 1·ejected by the Commissioner of Pensions because ".hospital nurses were not soldier was wounded at Peter burgh, Va., July 26, 1864, receiving a gun hot in the military service;" consequently there was no law by which her case wound in the left lhigh; was sent to IIampton Hospital; thence to White Hall could be allowed. Hospital, Pennsylvania; was in hospital three weeks, and after a furlough, re­ The following evidence is filed in substantiation of her claim: turned to ·white Ha!l hospital. "OFFICE SUPEB.INTE:l!.->>E~'T OF WOMEN NURSES, Joined his regiment December 31, 1861, two days before it started for the sec­ " Washington, D. 0., November, 1863. ond attack on Fort Fisher. He was wounded in the head at Fort Fisher, Janu­ ary 15, 1865, and was sent to Hampton Hospital. He was promoted to corporal ".Assigned to dutyGettysburgh General Hospital; relieved from Fairfax Hos· for volunteering to cut the palisading at l<'ort Fisher. Said One hundred and pital, Alexandria, Va., upon application of Dr. Chamberlin, surgeon in charge. forty-second Regiment was mustered out in June, 1865, and the soldier was "DR. JACQUES, transferred to the One hundred and sixty-ninth New York. He died of typhoid "Medical Direetor. fever July 16, 1865, while in service, and while in lhc hospital at Raleigh, N. C., "General hospital closed at Gettysburgh. In Nov-ember Miss Judith Plum· and was buried in the national cemetery there. mer reporled at hea-dquarters, Washington, D. C., and rendered voluntary serv­ The foster-father, George W. Cooper, died in 18'12 (leaving no property and ice in the General Government hospitals. Resignation accepted, and she hon- one feeble daughter}, since which time the foster-mother, Elvira Cooper, bas orably discharged. "DR. JACQUES, been dependent upon friends (who are not relatives}, and has lh·ed upon charity "Medica£ Director. except the very meager earnings of said daughter. In the opinion of your committee the valuable service of this soldier, the "NOVEJIIBEB. 26,1886. wounds he received, the faet of his dying while in the line of his duty, and the dependent condition of the foster-mother entitle her to the same pension that "I certify that Miss Judith Plummer has served in Fairfax Seminary General she would have received had the said soldier been her son. Hospital, Virginia, under my charge, as female nurse. For ten months her serv­ Your committee therefore recommend the passage of this bill. ices have been valuable to the sick, and her conduct entirely irreproachable. I take pleasure in recommending her. The bill was laid aside to be reported to the Honse with a favorable "DAN'L P SMITH recommendation. "Surgeon, United SWes Volunteers. MARY !. STROKG. "1344 G STREET, Washin,7ton, D. 0., December 4, 1870. The next pension bill on the Private Calendar was the bill (H. R. "The hearer of this, 1\iiss Judith Pl!liDIDer, was employed as nurse at Fairfax 2662) for the relief of Uary U. Strong. Seminary General Hospital in the year 1862 while I was on duty there, and had The bill was read, as follows: the care of several very severe cases to my knowledge. She was a conscien­ tious, faithful, and efficient nurse, always performing her duties to my entire Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ satisfaction, and she is certainly entitled to much consideration for her earnest thorized and directed to place on the pension-roll the name of Mary 11!. Strong, devotion to her duties in the care of those so unfortunateastoneedherservices. widow of Thomas J. Strong, late lieutenant-colonel of the Sixteenth Regiment "J. 0. STAUNTON, M.D. New York Heavy .Artillery, subject to the provisions and limitations of the pension laws, and to pay her such pension as is provided by law to the widow of a lieutenant-colonel in the late war, and the additional pension for each chUd "'OFFICE OF WOlllEN NURSES, of Thomas J . Strong and Mary 1\1. Strong until he or she die or arrive at the age "' Washington, D. 0., November 28, 1863. of sixteen years; said child's pension to be at such rates as is allowed by law in "'This paper certifies that Miss Judith Plummer, for some time resident in similar cases. Lawrence, 1\Iass., but originally from the State of :Maine, has b9en in the United States service as hospital nurse for more than eighteen months. She now asks The bill was reported with the following amendment: relief from duty, and has been honorably discharged, faithful devotion to her Strike out all after the words "provided bylaw," in line 8. labors being attested by the surgeons under whom she has served and by the superintendent of women nurses. The report (by Mr. SAWYER) was read in part. '.''D. L. DIX, S. W. N.' 1\fr. PAYSON. I ask unanimous consent t-o dispense with the further "William J. Frost, Abingdon, Washington County, Va., late hospital steward, reading ofthe report. United States .Army, says: There being no objectiqn, the further reading of the report was dis­ "' l\IissJ. Plummer and her sister, Miss Susan (now deceased), did all in their power to alleviate the sufferings of our wounded and sick soldiers. pensed with, and it was ordered to be printed in the RECORD. It is as "'The sisters were from the battle-field of Gettysburgh, to report for duty at follows: · Slough United States General Hospital at Alexandria,Va. I was on duty there, The evidence in this case shows that Lieut. Col. Thomas J. Strong died Sep­ and can testify how faithfully both sisters labored night and day in ministering tember 4,1885, leaving Mary 1\I. Strongashiswidow, and ThomasJ.I::ltrongand to the sick and solacing the dying.' Katie M. Strong his only children, both being under sixteen years of age. "Dr. J. W. Bulkley, 'Washington, D. C., testifies: That the said soldier was formerly a captain of the Twenty-second Regiment "'JULY 1, 1886. New YorkVolunteers, and was promoted to the lieutenan~colonelcy ofsaid regi­ "'I first met Miss .Judith Plummer in thespringof1862at the Patent Office Hos­ ment, and as such officer was discharged at the expiration ofthetermofservice pital1 where I was surgeon in charge. 1\liss Plummer was engaged in nursing of said regiment. That afterwards he re-enlisted and held the position of lieuten­ the s1ck and wounded, and rendered most efficient service. Her sleeping ac- ant-colonel of the Sixteenth Regiment New York Heavy .Artillery; that while

. ~ .1912 CONGRESSIONAL RECORD-HOUSE. MARCH 9, holding said position at Dutch Gap he was shot in the lefl; limb, and in conse-· was at home, for the last twenty-two years, and knows from seeing him daily quence thereof said limb was amputated; that "in recognition of his faithful and from examining him professionally that be bas been crippled since his re­ and distinguished services" he was, in the summer of 1866, made brigadier­ turn from the war, partially in his leg, and more especially in his head and general of volunteers by brevet. spine, the result of a gunshot wound, the ball entering just in front of the right The immediate cause of death of said Thomas :J. Strong was paralysis, pro­ mastoid process and lodging deeply near the base of the brain, where it is still ducing exhaustion and resulting in death. The widow applied for a pension, concealed, and giving rise to cerebro-spinal meningitis, so that he can not use and the application was rejected on the ground as stated by the medical ref­ his arms or his legs for any manual labor, nor can he transact business on ~ eree- count of the pain and constant irritation caused thereby. " That gunshot wound and resulting amputation of left leg just above ankle '' That I have seen him in several of these paroxysms of acute mania resulting can not be accepted as the direct or remote cause of paralysis of throat, cause from said gunshot wound, and he is obliged to be under restraint to prevent of soldier's death." him from dashing his brains out and inflicting bodily harm on himself, so great The evidence shows that before entering the military service he was a strong, is his agony at times. That I have been in constant daily attendance upon him able-bodied man; that from the time of his final discharge therefrom heap­ from May 7, 1887, to June 20, 1887, and during that time prescribed powerful peared to be slowly declining in health, complaining of severe pains in his head. medicines, and blistered his back re.J?eatedly, and at last introduced a seton into In the later years ot his life he was troubled with cataracts on his eyes, render­ his neck, which he still wears. He lS unable to dress or undress, or to turn over ing him nearly blind ; that he suffered from neuralgia in the face and head, for in bed without assistance, and therefore requires the constant attendance of which he was treated by his family physician, and subsequently dying from its one or more persons. When he has paroxysms of acute mania, as he frequently ~onsequent effects. does, he requires the constant attendance of severall)ersons to restrain him from George W. Little, M.D., testifies that he knew General Strong before his en­ doing himself bodily harm. He is wholly disabled for any labor or employment, listment aud after his return from the Army, and for the last ten years of his and this deponent further says that the location of the ball above mentioned is life has been his family physician, except during his last illness; that General such t.hat to attempt to remove it would greatly endanger Gene1-al Alden's life, Strong had been a great suft'erer from neuralgia of the face, throat., and jaws, so and would probably produce his death; that in the opinion ofthisdeponen~ no that be could swallow only with great difficulty, not having full control of the prudent surgeon would dare to undertake the operation ; and that in the opin· muscles, claiming always that he had had these spells since his limb was am- Ion of this deponent no essential improvement m the patient's condition will putated, and had not had them before. . ever occur." The physician stat.es that the disease finally terminated in paralysis of the The examining board of surgeons in their report to the Pension Bureau, dated muscles of the throat and he died from exhaustion," and in my opinion the said June 22, 1887, state as follows: disease was caused by exposure while in the service, and the shock and irrita­ ''One of the members of this board has been in attendance on him for several tion to the nerves from the amputation of the foot." months past, has seen him daily, and knows that he suffersconstantlywith pain Dr. J ames Ferguson, who had known the said Thomas J. Strong since 1852, in his head and spine; that he has frequent violent paroxysms of delirium and and knew him since his discharge, and had advised with him at various times acute mania., requiring force to control him, apparently due to cerebro-spinal as to his physical condition, and who attended him at his last sickness, states irritation. We believe that this condition of his nervous system is due to the he died from exhaustion, resulting from paralysis of the throat. g·unshot wound of head, and that he is totally unfit for any occupation, and re­ "I think that his gt-aduulloss of vigor from the time of his discharge from quires the constant attendance of some person to assist him in dressing, and at the service, his trouble with his eyes, and the paralysis which caused his death table to prepare his food, as he is unable to cut it or dress himself." might have been results from his exposure in the tield, and ft·om· the shock to The committee, after considering all the evidence in the case, are of the opinion his system caused by the amputation of his leg." that it is a very just and meritorious case, and recommend the passage of the The evidence shows that General Strong died leaving scarcely any propert.y bill as amended, and that the bill be amended by strikin~ out the words "one· for the support of his wife and children. hundred," in the seventh line thereof, and inserting in lieu thereof the words In view of the diversity of opinion among the physicians as to whether the "seventy-two." disease from which he died was the result of his military service, the committee think that his widow and orphan children are entitled to the benefit of the The amendment recommended by the committee was agreed to. doubt, and therefore recommend the passage of the bill as amended by striking The bill as amended was ordered to be laid aside to be reported to out all after the word "law," in the eighth line thereof. the House with a favorable recommendation. The amendment recommended by the committee was agreed to. JULIA A. DARRELL. The bill as amended was laid a.side to be reported to the House with a favorable recommendation. The next pension bill on the Private Calendar was a bill (H. R. 122) for the 1·elief of Julia A. Darrell. ALO~zo ALDEN. The bill was read, as follows: The next pension bill on the Private Calendar was the bill (H. R. Be it enacted, etc., That the Secretary of~he Interior.be, and is hereb''t author· 2663) for the relief of Alonzo Alden. ized and directed to place upon the pens10n-roll, subject to the prov1s1ons and The bill was read as follows· limitations of t.be pension laws, the name of ~ulia. A. Da.rrep,, the dependent < 1 • mother of William Burr Darrell, late of the Umted States ship Albany, which Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, au- ' sailed from New York in June, 1855, and was never heard from afterwards. 0 ~~~~bz;::~gd~~~e~~C: !ix~~~f~;~ :e~l~~:ito~~~~~~~ v!}~~~~;~s~~~l~~:~~[ The report (by Mr. BLISS) was read, as follows: brigadier-general, from aso to $100 per month from and after the passage ofthis The Committee on Pensions. to whom was referred the bill (H. R.l~) granting act. a pension to J~lia. A. Darr~ll, bave had the same under consideration, and beg The Committee on Invalid Pensions recommended the following leave to subm1t the followmg ~ep<;>rt: .. The claimant filed an apphcahon, as dependent mother of Wilham B. Dar· amen d men t : rell in the office of the Commissioner of Pensions, May 31, 1878. In line 7 strike out" ~00" and insert "S72." The record shows that the son of claimant, William B. Darrell, enlisted as a musician in the Navy of the United States 1\farch 26, 1847, was rated fifer Oct~ The report (by Mr. SAWYER) was read in part. ber 26 1847 and was discharged August 27, 1852, at Pensacola, Fla.. :M:r. NUTTING. I ask unanimous consent that the further reading Itis'alleg'ed and shown that William n. Darrell was a musician on the ship of the report be dispensed with. Albany, which was lost at sea Aprill8, 1855. It is but pro~er to. state that the . name of claimant's son was not found upon the rolls of said sh1p Albany, but There was no objection, and the report was ordered to be printed ln that your committee believe from the letters filed by claimant and written by full in the RECORD. her son and from other evidence in the case, that said William B. Darrell was It is as follows: a musi~ian on said ship, and that he perished when the same was lost at sea, 'l'he Committee on Invalid Pensions, to whom was referred the bill (H. R. as;~l:gee~dence in the cnse satisfactorily shows that Julia .A. Darrell was the ~663) for the relief of .Alonzo Alden, submit the following report: . mother of William B. Darrell; that since 184.5 she has been dependent upon her That Alonzo .Alden, the soldier, enlisted in t.he United States service April18, own resources for her support; that her husband, John :M. Darrell, died about 1861, as a private in the Thirtieth Regiment New York Volunteers; Ma.yl4,1861, September 29,1867, and. that sub.sequently to the_y_ear.l845 he did not cont_ribute was made second lieutenant, and June 10, 1862, was made first lieutenant and to her support; thatwhllehersatdson w~~mustcla.n~ theNavyhecontr1buted regimental adjutant; September 27,1862, transferred to the One hundred and to her support from his pay as such mus1c1an; that smce the death of her bus· sixty-ninth Regiment New York Volunteers and commissioned as major; made band, John M. Danell, she has not remarried, and that she has no property ex· lientenant-cvlonel :Mnrch 2, 1864, and colonel June I, 1864. cept some household goods of but little value. . That while major he was wounded at Edenton road by a fragment of shell, Your committee therefore recommend that the b1ll do pass. which entirely disabled him for a short period. h H · It appears from the petition and evidence on file in the Pension Office that at The bill was laid aside to be reported to t e ouse mth the recom· the battle of Cold Harbor, June 1,1864, Alden was shot by a rebel sharpshooter, men dation that it do pass. tLe bullet striking the right side of his neck at the base oi his bead, passing into his nec!tdiagonally, cutting off the lower portion of his right ear, reaching the JULIA STOKES. neighborhood of the spine at the base of the brain, where it still remains. That The next pension bill on the Private Calendar was the bill (H. R. at the taking of Fort Fisher and the explosion ot the enemy's magazine which 893) granting a pension to Julia Stokes. there occurred, Alden was thrown about 30 feet against a traverse, and a mass of timber and sand fell upon him, fracturing his right thigh and otherwise in­ The bill was read, as follows juring him and bruising his body, which rendered rum unconscious for nearly Be it enacted, etc., That the Secretary of t_he Interior _be, and he is h~r~by, au­ fi ,.e weeks. That Alden was mustered out of the service August 6, 1865, holding thorized and directed to place on the pensiOn·roll, subJect to the prov1s1ons and the rank of colonel and brigadier-general by brevet. limitations of the pension laws, the name of :Julia. Stokes, mother of Thomas J. That July 19, 1865, he was granted a pension at the rate of $30 per month and Stokes, deceased, late of the United States ship Mohawk. afterwards increased to $50 per month, commencing June 22, 1887. Alden can not receive $72 per month for the reason that the act of June 16, The report (by Mr. BLISS) was read, as follows: 1880, granting the same is confined by its express terms to persons then receiv­ The applicant filed a. declaration in the Bureau of Pens!ons :Janu~ry 26, 1883, ing $50 p er month. So that the highest rate which the soldier could receive for pension as the mother of Thomas J. Stokes. The clann was rejected Feb-­ when his pe11sion was raised to $50 per month, as aforesaid, was the sum of $50 ruary, 1883, upon the ground ~hat there~ no ~aw authorizing the payment of a per month allowed him. All the e\-idence on the application was very clear, pension t.o the mother of a. sa1Ior who dted pnor to March 4, 1861. convincing and consisteut, conclusively showing that he would have been en­ The record shows that Thomas J. Stokes enlisted as landsman :July 28, 1859, titled to the sum of $72 per month if the Pension Bureau could have allowed served on the North Carolina. to September 15, 1859, and on the Mohawk from it under the law. ' September 16, 1859, to :January 30, 1860, when he died. We quote but from one affidavit, that of R. B. llontecon, M.D., a resident of In an affidavit filed December 18,1883, Dr. Hugh Sloan, of Utica, N.Y., states the city of Troy, of forty years' standing in his profession, serving as surgeon that be has known Patrick Stokes, husband of applicant, since 1872; that he has in the field from 1861 until the close of the war, brevetted colonel by President · treated him since that year for sore eyes, and t~t he has been b~nd to t~e ex­ Lincoln for distinguished services as a. surgeon, for twenty years past assistant teut of disabling him for manual labor, for which he has been mcapaCitated surgeon at the Watervliet Arsenal, and now in the practice of his profession in the city of Troy o.foresaid, and now and for years past a member of the board sil~e ~X: ~~:.:ir~. fe~mDecember 18, 1883, Henry Kein and Michael l\fulli~an of examining surgeons appointed by the Government to examine applicants for state that they ha>o known Julia. Stokes and her husband for more than thuty pension, who states, in his affidavit of December 14, 188"7, that he- yea1·s · that their family during a portion of that time bas consisted of them· " Knew Alonzo Alden before enlistment and has lived in the same city with selves' and three children; thaL their son, Thomas J. Stokes, from the time that him and met him daily, and would have known if he was unsound before en­ he was able to ald them until his death did aid his parents with his labor and listment, which he was not; have known and seen him ~most daily, when he with contributions from his pay as landsman; that two daughters have aided

. " -· 1888. CONGRESSIONAL RECORD-HOUSE. 1913 in the common support of the family by contributions from their weekly earn CATHARINE MAXWELL. ings; that for about tWrty years they l1ave been possessed of personal property consisting of only the necessary household goods, and of a house and lot, No. 16 The next pension bill on the Private Cale:1dar was the bill (H. R. Hamilton street, Utica, N.Y., where they have resided since 1860, and a vacant 499) granting a pension to Catharine Maxwell. Jot in Utica, from which no income is derived. The applicant states in an affidavit that during the last eleven years (now fif­ The bill was read, as follows: teen years) her h usbn nd has been totally blind and unable to earn a support for Be it enacted, etc., That the ~cretary of the Interior ~e, and he is hC;r~by, himself or family. authorized and directed to place on the pension-roll, subJect to the provisions Your committee would recommend the passage of the bill. and limitations of the pension laws, the name of Catharine l\1axwell, mother of Charles Maxwell, late of Company B, Ninety-seventh Regiment of Ohio Vol­ The bill was laid aside to be reported to the House with the recom­ unteer Infantry. mendation that it do pass. The 1·eport (by Mr. YODER) was read, as follows: RUFUS SQUIRE. . The claimant, Catharine 1\faxwell, mother of Charles ~a~ell, late of .Com­ The next pension bill on the Private Calendar was the bill (H. R. pany B, Ninety-seventh Ohio Volunteer Infantry! who dted m the serVIce at 421) Nashville, Tenn., in the month of February,1863, IS now seventy-fiye years ?f granting a pension to Rufus Squire. age, and her husband is eighty-one years of age. The evidence sho~s that .this The bill was read, as follows: was the only son ol the claimant; that he was a strong, healthy, mdustnous Be it en{teud, etc., That the Secretary of the Interior be, and he hereby is, au­ young man, and worked with and for his parents up to the.time when he en­ thorized and directed to place on the pension-roll, subject to the provisions and tered the service at twenty years of age; that he never marned, and hence le[t limitations of the pension laws, the name of Rufus Squire, late a private in the no wife or children· that while in the service he sent his money home to hlS parents, and that h~ died from a disease contracted in the service. . United States llfariue Corps. The evidence shows the high character of the parents and the soldter, nnd the The report (by Mr. BLISS) was read, as follows: only reason why the mother was not pensioned is the fact that .~1r. l\Ia.."l{well owned at the time of the soldier's death 80 acres of poor land, vanously valued Rufus Squire enlisted as a private in the United States Marine Corps July 25, from $765 t-o $1 520 nnd personal property valued from $263 t-o $342; and ~hat the 1847 and was discharged August 29, 1847. He served during period indicated aggregate am~unt of the property of the family in 1863, at the time of the son's upo~ United States steamship Michigan. death, was $1,107, and the year before. it was $1,028.. There is abundan~ pro<;~f On June 12, 1880, he filed in the Bureau of Pensions a declaration for ~en.sion, that this land is verv poor, and that with the son's atd and the work wh1ch his in which declaration he alleged that during a severe storm on Lake ~Ilchigau, father and mother eould do they eked out a very scanty living, even by hard while descending from the main to the berth deck, he slipped and fell, receiv­ work and the most rigid economy. The evidence shows that the old people are ing an injury which resulted in hernia of the right side. no longer able t-o do much work, and that this piece of land will not furnish The claim was rejected by the Pension Office August 1, 1887, upon the ground them any kind of comfortable support. . . . . that the records of the Navy Department fail t-o show incurrence of said hernia I u view of the great age of the parents and theu mdt~ent Circumstances, and in line of duty, and claimant's declared inability to furnish testimony showing in view of the fact that they gave their only son to the1.r country, and have no origin in service and line of duty. other means of support than the property named, we recommend the passage In an affidavit filed March 22, 1887, the claimant states that during a passage from Chicago to Cheboygan the Michigan experienced very rough weather, of the bill. and that it was necessary to keep the deck around the smoke-stack wet ; that The bill was laid aside to be reported to the Honse with a recom· he told the officer of the deck to get permission for him and he would go up mendation that it do pass. there and keep the deck wet; that permission was got for him, and he kept the deck wet until the ship got into Cheboygan, where, when the deck was MARY K. TAYLOR. cooled he went down to the main-deck, and going from there to the berth-deck he fell 'by his feet slipping and injured hin:iself in the right side, which proved The next pension bill on the Primte Calendar was the bill (H. R. to be the rupture on which he claims pension. 5236) granting an increase of pension to :Mary K. Taylor. The applicant furnishes no proof other than his own state~ent showing the origin of alle""ed rupture. The affidavits of Dr. Carlos Glazm, Samuel James, The bill was reaq, as follows: and Mary H;wland, a sister of appHcant, show satisfactorily that prior to en­ B e it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ listment the applicant wns physically a sound man and that he was free from thorized and directed to place on the pcnsion-roll,subject tothe_limitationsand hernia and also that upon his return to his former home, following his discharge provisions of the pension laws, the name of 1\Ia.ry K. Taylor, Widow of George from the Marine Corps, he was suffering from hernia of the right side. \V. 'l'aylor,l!\te a brigadier-general in the United States Army, at the rate of $50 The quarter reports of steam-ship Michigan for third quarter, 1847, show .that per month, in lieu of the amount now received by her under the law. one case of inguinal hernia was treated, but do not give the name of patient. The applicant alleges that he received alleged rupture about August 1, 18-17. The report (by Ur. PIDCOCK) was Tead, as follows: Dr. Carlos Glazin states that he treated the applicant for scrotal hernia of right Mrs. Taylor is the widow of Brig. Gen. George W. Taylor, who died Septem­ side in the year 1847. ber 1, 1862, from the effects of wounds received at the battle of 1\Ianru;sas, Va.• The board of pension examining surgeons of Det.roit, Mich., made an exam­ Auo-ust 27, 1862. while undergoing amputation of the wounded leg. She is now ination of applicant June 15,1887, and found an indirect inguinal hernia. of right a p~nsioner at .,. 3:> per month, under the provisions of the general law, and asks side, and recommended a. specific rating for hernia. that her pension be increased t-o $50 per month. Her age is shown to be sev­ The only question is, for the purposes oft~is bill,~n origin ~f hernia in serv­ enty-four years. ice and line of duty be accepted upon the ev1dence m the case, m the absence of As Congress has in similar cases increased the pension of the widows of gen­ direct J.XOOf of same? Your committee is of the opinion that, in view of a ll the eral officers to the amount asked for in this bill, your committee are of the facts shown in the case, it may be so accepted, and therefore recommend the opinion that Mrs. Taylor's pension should likewise be increased, and therefore passage of the bil,l. · report favorably on the bill and ask that it do pass. The CHAIRMAN. If there be no objection, this bill will be laid The bill was laid aside to be reported to the House with the recom­ aside to be reported to the House with the recommendation that it do mendation that it do pass. pass. Mr. ABBOTT. I object. WILLIA11I CLARK. :Mr. FINLEY. I trust the gentleman will not object. This is a bill The next pension hill on the Private Calendar was the bill (H. R. 5844) reported by the chairman of the Committee on Pensions, who is absent granting an increase of pension to William Clark. this evening, and the case, it seems to me, is sufficiently made out. The bill was read, as follows: Mr. ABBOTT. Mr. Chairman, I listened veryaitentivelyto thet·ead­ Be it enacted, t:tc., That the Secretary of the Interior be, and he is hereby, di­ ing of the report made by the committee, and I was impressed with the rected to increase the pension of William Clark, a "Veteran of the war of 1812, from ~16 per month, the amount now allowed him, to S30 per month. idea. that the bill ought not to pass. Therefore I have made the ob­ iection. The report (by Mr. HE~DERSON, of North Carolina) was read, as The CHAIRMAN. The question, then, is on the motion to lay the follows: bill aside to be reported to the House with the recommendation that it The bill proposes to increase the pension of William Clark, a veteran of the war of 1812, from $16 to $30 per month. The pensioner is ninety-four years of do pass. age, and has no means of support except the sum of $16 per month. He is a The question was taken, and there were-ayes 38, noes 2. worthy citizen and bears an irreproachable character. In this case the increasa of pension asked for seems to be altogether just and pl'oper. Mr. ABBOTT. No quorum. Your committee recommend the passage of the bill. Mr. MO~ILL. ?rir. Chairman, I ask unanimous consent that this bill be passed over informally, retaining its place on the Calendar until The bill was laid aside to be reported to the House with the recom­ the chairman of the Committee on Pensions can be present. mendation that it do pass. Mr. ABBOTT. I make o~jection. THOMAS JORDAN. Mr. PEH.KINS. I think the gentleman will not insist on his objec­ The next business on the Private Calend:u· was the bill (H. R. 694.6) tion when he understands that this bill has been reported personally for the relief of Thomas Jordan. by the chairman of the Committee on Pensions, Mr. BLISS, of New York, The bill was read, as follows: who has thoroughly investigated the case and finds that the claimant Be it enacted, etc., That Thomas .Jordan, of the State of New York, is hereby himself swears clearly and specifically that he was raptured while in relieved of all poUtical disabilities imposed upon him by the third section of the the line of duty and in the service, and finds also circumstances sup­ fourteenth amendment of the Constitution of the United Stntes. porting and corroborating that statement. I trust that, under the cir­ The report (by Mr. CUL:BERSON) was Tead, as follows: cumstances, the gentleman will not insist on his objection. The Committee on the Judiciary, having had House bill 5876 under considera­ The CHAIRJ\1AN. The Chair will restate the request of the gentle­ tion, find that the bill is based upon a petition of the applicant asking that the disabilities imposed upon him by the third section of the fourteenth amendment man from Kansas [Mr. MORRILL], thinking that perhaps the gentleman m ay be removed. from Texas misapprehended it. The request was not that the bill The comn1ittee report a substitute for the bill and recommend its passage. should be reported favorably to the House, but that it should be laid The bill was laid aside to be reported to the House with the recom­ aside informally, retaining its place on the Calendar. mendation that it do pass. 11r. ABBOTT. I did not understand the request in that way. I withdraw my objection. MARTHA F. WOODRUM. Mr. ABBOTT subsequently withdrewhisfirstobjection; and the bill The next pension bill on the Private Calendar was the bill (H. R. was laid aside t-o be reported to the House with the recommendation 2805) granting a pension to :Martha F. Woodrum, widow of J arne." Wood­ that !t do pass. rum, deceased. 1914 CONGRESSIONAL RECORD-HOUSE. MARCH 9,

The bill was read, as follows: condition of the veins of the left. leg. Opinion, that the captain is permanently disllbled . .{lc il enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ "GUSTAV C. E. WEBER, M.D. thorized and directed to place on the pension-roll, subject to the provisions and "S. 1\I. Sl\IITH, M. D. limitations of the pension laws, at the rate of $50 per month, the name of Martha "JOHN A. MORPHY, M. D. F. Woodrum, surviving widow of James Woodrum, deceased, late private of "W. R. LoOKER, BeCl·etanJ." Company C, Ninth Regiment of Kansas Volunteer Ca.valry. Dr. George W. Daily, in his affidavit, states: The report (by Mr. THOMPSON, of California) was read, as follows: "I was intimately acquainted with Capt. Eli C. Francis and was his attending physician for a. little over two years, and at the time of his death he was a con­ The facts in the C.'\50 are set forth in a report submitted to the House by the stant sufferer with camp or chronic diarrhea and ·varicose veins of the left leg, Committee on Invalid Pensions of the last Congress, as follows: with paralysis of the left side. His death occurred on the 30th of October,l879, "The claimant is the widow of James Woodrum, who was killed while serving and the immediate cause of his death was camp or chronic diarrhea, contracted, asaprivateinCompany C, Ninth Regiment Kansas Cavalry. Her claim for pen­ as I believe, while in the service of the United States Government." sion has been rejected on the ground that soldier was not in line of duty at the Dr. Bogart says: time of his death. "Known soldier since October 23, 18'j6, and treated him from said date to Sep­ "The facts in the case are as follows: James Woodrum, in January, 186i, was tember 18,1877, for paralysis of lefi side and varix left leg." stationed, with his company, at KansasCity,Mo. He was ordered to Lawrence, This soldier was paralyzed in his left arm in January, 1874, and subsequently Kans., for the purpose of recruiting for the company, and got permission to stop in his whole left side. He was pensioned for varicose veins of left leg. It was on the way at his home near Shawneetown, Kans., about 10 mites from Kan­ claimed that the paralysis was caused by the varix, and be claimed increase on sas City. It appears that he reached the house about noon. Shortly thereafter that ground, and again on account of chronic diarrhea. Both increase claims five men came along looking for a. lost horse. The soldier went to the gate were rejected on the ground that the medical evidence was insufficient toes­ and entered into conversation. After stopping a. few moments fOU\' of the men tablish the claim, or that the soldier died from the efl"ects of diarrhea, the result passed on, the other one, McConnell, remaining. The claimant and two other of exposure while in the line of duty as a soldier. women, relatives, the only inmates of the house, heard some words pass be­ A bill increasing his pension from S15 to $30 per month was introduced (H. R. tween soldier and McConnell, when the latter fired two shots from a. revolver, 6536) March 3, 1879. The report of the committee says : killing Woodrum instantly. The body was on that afternoon taken back to "The committee find from the evidence that the claimant is totally disabled, Kansas City. requiring the continual aid of an assistant, he being pa.mlyzed in all of his left "'I'he records of the War Department furnish no information except that sol­ side. The committee are of opinion that the case is one justly entitled to an in­ dier was killed by a. citizen-at the date alleged. crease of pension, and therefore recommend the passage of the accompanying "The authority for recruiting, as well as the permission of Captain Stewart, bill increasing the pension to $30 per month " oftbe company, to visit his home, was shown by the soldier to his wife and the Before the bill reached final action the soldier died. The conu;nitt-ee believe other inmates of the house, as appears from their testimony in the case. Cap­ this to be a. meritorious case; tha-t the soldier died from the effects of disease tain Stewart is said to be insane, while the whereabouts of the other officers are contracted while in the Army, and that the bill ought to pas.-,. unknown. "The cause for the killing of the soldier must, under the circumstances, re­ Your committee therefore submit a. favorable report, and recommend the main unknown. McConnell was evidently a stranger to claimant and her com­ passage of the bill. panions. Soldier's company was then in charge of contraband stock. The The bill was laid aside to be reported to the House with the recom­ party of which McConnell was one was in search of a. hor-se. 'Vas that horse mendation that it do pass. among· the stock guarded by the company 10 miles away? Did this fact furnish a. motive for the fatal shooting? THO:'liAS II. AULLS. "The poverty of the claimant and her dependence upon relatives are clearly shown. She h as become totally blind, and now, far away from the locality The next business on the Private Calendar was the bill (H. R. 416) where she so suddenly was deprived of her support, is unable to furnish addi- gr~ntin!! a pension to Thomas H. Aulls. tiona l information touching the circumstances of the shooting." ~- A bill passed one House of Congress some years !lgo, and a. similar bill passed The bill was read, as follows: the Senate during the last Congress and was favor. bly reported by the Com- Be il enacted, etc., That the SecrE'tnry of the Interior be, and he hereby is, au- mittee on Invalid Pensions to the House, but was not reached for final action. thorized and directed to place on the pension-roll, subject to the provisions and For reasons set forth in the above-quoted report your committee are of opin- limitations of the pension laws, the uame of Thomas H. Aulls, late private in ion that this unfortunate claimant should have the relief asked for, and there- fore report favorably on accompanying bill, and ask that it do pass, amended, Company C, One hundred and eighty-ninth Regiment New York Volunteer however, by striking out the word "fifty," in line 6, and insert therein instead Infantxy. the ·word" twelve." The report (by Mr. CHIPMAN) was-read, as follows: The amendment reported from the Committee on Invalid Pensions The Committee on Invalid Pensions, to whom was referred the bill (H. R. . 416) granting a pension to Thomas H . Aulls, beg leave to report: was agr~ed to. . . . . The said ThoDllls H . Aulls enlisted in the One hundred and eight.y-ninth New The bill as amended was laid aside to be reported to the House mth ! York Volunteer Infa.ntJ;y ~n the 23d day of Au~u- t, 1864, and was duly mustered a recommendation that it do pass. !-he san;te day; th.at while 1n front of Petersburgh, and on the ma.~. and cro s­ mg a. dttch upon the Jerusalem plank road, be alleges that. he was InJured upon MARY J. FRANCIS. the knee by the butt of a gun in the bands of a comrade, or in some other way which he is unable to state, whereby the knee-joint was bruised and lacerated The next pension bill on the Private Calendar was a bill (H. R. 4655) in such a. manner that he bled profusely; that said wound grew worse, and be was compelled about :!\larch 1, 18G5, to enter the hospital for treatment, where granting a pension to Mary J. Francis. he had to remain for !t large portion of the time until he was di charged and The bill was read, as follows: mustered out of the service, 1\Iay 25, 18&J. His statement is confirmed by the Army record, showing his treatment for inflammation of the knee. The fact that B e it enaclea, etc., That the Secretary of the Interior be, and he is hereby, au­ Mr. Aulls was injured as stated, and that he bus been and still is suffering from thorized and directed to place on the pension-roll, sabject to the provisions and such injury, we think the proof fully sustains. limitations of the pension laws, the name of Mary J. Francis, widow of Eli C. This case was examined by the Commissioner of Pensions and disallowed in Francis, late captain Company K, Fifty-fourth Regiment Ohio Infantry Volun­ 1881, for the reason that it appeared from the statement of claimant, as well as teers. by the physician who treated him, that claimant was some time about the year 1856-'57 afllicted with inflammation in this same knee-joint, and hence that the The report (by Mr. MATSON) was read, as follows: disability of which he complains was not obtained while in the military sen·­ The history of this case, a.s near as it can be gathered from the papers on file ice, but arises from a disability which existed at the time of enlistment. in the office of the Commissioner of Pensions, sho~s that Eli C. Francis, the de­ After a careful examination of the case we are of the opinion that the ruling ceased husband of 1\Iary J. Francis, was captain of Company K, Fifty-fourth of the honorable Commissioner is not sustained by the proof in the case. When Regiment Ohio Volunteers; that be enlisted on the 7th day of November,186l, an enlisted man was examined by a. board of surgeons to determine as to his and was honorably discharged at Camp Chase, Ohio, on the 30th day of N ovem­ physical fitness to become a soldier, the presumption should exist, and must ber, 1863, having been in the Eervice a few days more than a year. In his orig­ exist, that he was a sound and able-bodied man at the time of muster. inal application for pension, filed 1\Iarcb 18, 1875, he makes affidavit as follows: All the proof there is in the case to show that Mr. Aulls had been troubled "'Vhile in the service aforesaid, and in the line of his duty at a. pla-ee called with inflammation in his knee before enlistment is the statement of himself and Shiloh, in the State of 'I'ennessee, on the lOth day of April, 1862, when a.t Camp the physician who treated him. Shiloh, was attacked with diarrhea, which continued about six weeks. In about Claimant swears that in 1&56-'57 he was troubled with inflammation of the left ten days after, was attacked with typhoid fever, which continued for twelve knee; that he was then eight yea1·s old; that this inflammation was caused by weeks, leaving him much reduced, producing ulceration of left limb. In a few going in swimming too much; that for several years before enlistment he had days was attacked with intermittent fever, which continued four or five weeks; entirely recovered from such trouble and wa.s a perfectly able-bodied man; that pres ~nt condition, very feeble, with complete paralysis of left sirle. be was treated by Dr. Ensign, who for many years had been the family physi­ "Alf. Ferguson, second lieutenant Company K, Fifty-fourth Regiment Ohio cian of claimant's parents; that Dr. Ensign at this time visited him three times; Volunteers, certifies as follows: that claimant felt no weakness or pain in his knee after 1857, and never had any "And I further certify that Eli C. Fra,ncis, while in the line and discharge of trouble from his knee after that until he was injured in January,l855, although his duty at Camp Shiloh, Tennessee, about the lOth of April, 1862, by reason of previous to his said injury he bad made many hard marches. exposure to rain, snow, mud, and unwholesome food and water, be contra.cted This testimony is corroborated by Dr. Samuel EnsiJ.rn, above named, who the camp diarrhea, which disease continued about six weeks, when he was at­ says in his affidavit that he treated claimant in 1856 or 1857 for bilious colic and . tacked with typhoid fever, which almost caused his death, and lasted about for inflammation in one of his knees; that claimant fully recovered from these, three months, leaving him greatly reduced, with ulceration of his left leg. In and was in pe~fect health np to the time of his enlistment in 1864; that when a few days after the typhoid fever left him he was attacked with intermittent claimant returned from the Army in 1865 he was very lame from chronic inflam­ fever, which lasted four or five weeks, which wholly prostrated him, and, as a mation of all the structures of the knee-joint. The Pension Bureau, after the 1·esult of said diseases, they left him with complete paralysis of the whc.le left filing of the affidavit of Dr. Ensign in 187 , wrote him a. private letter for a. more side. And that the said Eli C. Francis was to all appearance a. sound man full statement of the matter, and here again the doctor explained his treatment when he entered the service; he passed examination of the examining surgeons of the knee of claimant in 18.56-'57, and that be con idered him entirely cured with myself and company." long before enlistment. We think: the testimony of Dr. Ensign corroborating A copy of the report of the board of surgeons convened at Camp Chase, Ohio, the affidavit of the claimant is quite sufficient to sbow that tbe disability com­ July 3, 1861, is among the papers on file. There is evidently a mistake in the plained of did not exist when claimant enlisted, and that claimant was injured date. It should be" Jnly 3, 1862." The report says: at the time and in the way stated by him. Second Lieut. M. W. R ead testifies "E. C. Francis presented h imself for examination. Is captain of Company K, that claimant was injured in January, 1865, when on a" double-quick" and in Fifty-fourth Regiment Ohio Volunteer Infantry; aged forty-six; confectioner; res­ crossing a. ditch, and, as stated before, this is confirmed by the hospital record. idence,Urb~ n!\. Ohio. Enlisted on the7thofNovember,l861, and had good heallh The disability of which claimant complains still exists, as claimed by him, but until the lOth aay of April, when hewasseized with typhoid fever at Pittsburgh as to what extent be wa.s disabled as well as to what extent such disability ex­ Landing. He lay in his quarters three weeks, and was then sentto Cin.cinnati, ists at the present time can be determined by a. board of surgeons under the from which point be came home. For the L'1St two weeks he has been unprov­ direction of the Commissioner of Pensions. ing slowly. Appetite good. Bowels have beenquietunti.l he came~ thiB po~t, Believing that the claimant was disabled as alleged, we report the bill bn.ck since which time they have been somewhat loose. He still complains of a. pain to the House and recommend that the same do pass. in the right side of the che t below the nipple, which we think is only muscu­ lar. He is somewhat lame in the left leg from general varicose condition of the There was no objection, and the bill was laid aside to be reported to veins, but particularly of the deep-seated ones. He has also a. slight varicose the House with the recommendation that it do pass. ·. 1888. CONGRESSIONAL RECORD- ·HOUSE. 1915

G. W. BUBKHART. of anything. The above I make is a truthful statement. I have n o interest, direct or indirect, in his claim." The next business on the Private Calendar was the bill (H. R. 407) The committee are satisfied from all the evidence in tbe case that the loss of h is arm in manner aforesaid was attributable entirely to its enfeebled condition as granting a pension to G. W. Burkhart. the result of the wound for which be was pensioned, and that if the arm had The bill was read, as follows: been sound he would have had no difficulty in rescuing it from the saw. B e it enacted, etc., That the Secretary of the Interior be, and he is hereby, The committee are further satisfied, from all the facts in the case, that if it had authorized and directed to -place on the pension-roll, subject to the provisions not been for the accident aforesaid an application for an increase would have and limitations of the pensiOn laws, the name of George W. Burkhart, late a long since been favorably considered by the Pension Office. serge.o1.nt in Company G, Tenth Regiment Ohio Cavalry, said pension to com­ The claimant made s.pplication for increase after the loss of his arm, bnt a s the arm was gone no examination could be had, and the claim for increase was mence from and after the date of his discharge. rejected. The report (by Mr. CHIP:UAN) was read, as follows: It further appears in the case that the claimant is ~ery poor, having a wife and four children dependent upon him for support, and that he bas no property The Committee on Invalid Pensions, to whom was referred the bill (H. R. 407) except a small house and lot npon which he has paid the sum of $80. granting a pension to G. W. Burkhart, submit the following report: The committee therefore report the bill back with a. recommendation that h e Tbat. the said G. W. Burkhart's case is fully stated in the letter of the Com­ be allowed a. pension of S36 a. month, a.ud that the bill for his relief be amended mis ioner of P ensions, hereto annexed. by inserting, after the word ''month," in the eighth line, "in lieu of the pension That he was severely injured by the railroad collision at Dayton, Ohio, referred he is now 1·eceiying," and that the bill as amended do pass. to in said letter, to wit, badly bruised, left arm broken, and right leg broken, from which he suffers to the present day, his usc of bothlimbsb'eing greatly im­ Mr. PERKINS. The provisions of the bill seem to be inconsistent. paired. The reason why he was one day late returning to duty was that the trains did not. connect, he being on his way in full time to catch them if they bud This applicant is put on the pension-roll subject to the provisions and been on time. limitations of the pension laws, and then the rate is fixed at $36 per H e was undoubtedly doing his best to perform his duty, and the committee month. recommend that the bill pass. Mr. MORRILL. The amendment of the committee is ''in lien of the "DEPARTMENT OF THE INTERIOR, PE~SION OFFICE, pension he is now receiving." That is right. "Washington, D . C., July 19, 1887. The amendment of the committee was agreed to; and the bill as Sm: In response t~ your communication relative to your claim for invalid pension No. 81720, as sergeant, Company G, Tenth Ohio Cavalry, which was amended was laid aside to be reported to the House with the recom­ rejected in 1865, on the ground that you were not in line of duty at the time mendation that it do pass. your injuries, for which pen ion is claimed, were incurred, I have to state that a careful consideration of all the papers in the case reveals the fact that on De­ JOHN H.A.KCOCK. cember 30, 1883, you were granted ''leave of absence" for six days, ending Jan­ uary 4, 1864, at which time yon were to report to the regimental headquarters Ur. GLA.SS. I call up for consideration the bill (H. R.l071) grant­ nt Cincinnati, Ohio, or be considered a. deserter. Having availed yourself of the leave of absence thus granted, you were strictly bound by the conditions ing a pension to John Hancock. named therein, and as it is clearly shown that t he railroad collision at Dayton, The bill -was read, as follows: Ohio. in which you were so sererely injured, occurred on the oth day of Janu­ ary, ISIH, one d a y after your leave of absence had expired and before you bad Be it enacted, ete., That the Secretary of the Interior be, and he is hereby, au­ 1·eported back to your reg iment, then stationed atCincinna.ti, H follows that you thorized and directed to place on the pension-roll, subject to the provisions and were at that time considered as a deserter, and therefore not in line of duty limitations of the pension laws, the name of John Hancock, late a private in undc1· the la.w as applied to such cases. Capt. Jesse J. Finley s company and Col. William Trousdale's regiment of Ten­ "It may be proper to add, that had your injuries been received within the nessee Yolun~ers, in the Seminole war. time prescribed by the furlough above referred to, you could not then have been considered in the line of duty, as it was granted you for the purpose of The report (by Mr. FINLEY) was read, as follows: ,;·isilin g your family in Northern Ohio, and had no connection whatever with The Committee on Pensions, to whom was referred the bill (H. R. 1071) grant­ the p e rformance of your militnry duty. ing a pension to John Hancock, would beg leave to report as follows: " T h c former action of this office, rejecting the claim, is adhered to. '£he records show that the claimant enlisted June 13, 1836, ns a private in ·• Very respectfully, Capt. Jesse J. Finley's company, Col. William Trousdale's regiment., Tennes­ "JOHN C. BLACK, see 1\Iounted Volunteers, of the Cherokee war, and was discharged Janunry 14, ''Commissioner. 1837, at New Orlean>-, La.. "GEORGE W. B URKHART, Detroit, Mich." The claimant is now seventy-two year.:~ of age, and in an affidavit filed with your committee states that h e is possessed of 73 acres of land in Lauderdale Mr. UORRILL. I move to strike out all after the word ''cavalry,'' County, Tennessee, a few head of stock, some farm implements, and a small in tho seventh line. amount of household furniture, and thatr-- "His property is incumbered with d e bt that he sees no way to relieve." The amendment was agreed to; and the bill as amended was laid That- aside to be reported to the House with the recommendation that it do " On account of his age, his physical infirmities, and feebleness he is unable, pass. with the use of such property as he has, to make a livelihood, even in a poor wn.y, for himself, his aged wife, and daughter, v.ho compose his family. He is JOH~ BISBEY. subject to fits of yertigo or some indisposition in which he loses his conS<:ious­ The next business on the Private Calendar was the bill ('H. R. 24!)1) n e . brought on by violent exercise, and is sometimes caused by suddenly ris­ ing from a chair." granting a pension to John Bisbey. Dr. A. H. Young makes a statement nnderoath that be has known the claim­ The bill was read, as follows: ant for twenty years or more, and that for the last five years he has been disa­ bled, "his disability following a fall from a horse," since which time he has B e it enacted, elo., That the Secretary of the Interior be, and be is hereby, au­ been almost a constant sufferer from his h ead; that claimant suffers also from thorized and directed to place on tb e pens ion-roll, subjectto the limitations and "chronic dyspepsia and a most distressing vertigo. His hands are almost U!Ould do with month from the date of the approval of this act. one arm. The injury to left arm about amounted to its loss." Two other witnesses testify "he could do nothing only what he could do with The report (by Ur. LANE) was read, as follows: one band; his left hand and arm were of no nse to him." These are a few of many affidavits of neighbors and comrades on file in this claim, from which it The record in this case shows that Capt. WilliamS. Sims was pensioned Oc­ would seem that the rate of one-half total (which had been granted) did not tober 29, 1880, to take effect from August 24, 1864, at $20 per month, for disease cover the disab ility existing from the wound prior to the loss of the wounded of lungs, and that the same was increased January 6,1886, to $30 per month, and arm, which occurred byaccidentin March, 1866, while employed by Isaac Drake it is now asked to increase the same to $50 per month. (whose testimony we have quoted above), in gettin~ out wood for theM. S. and Dr. John B . Baker, the physician of the soldier, testifies that the soldier is t~ ­ L. S. R. R., doing what they termed "taU sawing" las he could dothatwithone tally incapacitated from performing manual, professional, or skilled labor. arm). W. J. Miller testifies t~ same facts , . While thus employed his arm was taken off at the elbow by a. buzzsaw. Those L. 1\1. ·witt testifies to same facts, and also that the soldier requires assistance who witnessed the accident testify it to be their belief it would not have hap­ to dress himself and to cut and prepare his food at the table, and requires an 'pened had not his arm been so weakened and almost helpless from result of attendant nearly all the time. 'wound. The head sawyer testifies as follows : J obn S. Wilson testifies to the same facts as the last witness. "His arm was cot off near noon on the 30th of 1\Ia.rch, 1866. We had moved The sm·geon's certificate in this case shows that the soldier is not able to d o 'the machine to a different place, put the belt on, and started the sa.w to see if it any labor at all, and requires help in dressing and going about. Has to have 'would run all right so that we could go immediately to work after dinner, aud his food cut for him at the table, and that there is a marked emaciation, and Bisbey (the claimant) happened to go along by the side of the saw; his coat­ that the soldier will never be any better and that his disability will increase. 'sleeve on his wounded arm caught in the saw, and before we could help him his The record as a whole, we think, shows total disability, and the committee 'arm was cut off through the elbow joint. therefore recommend that the bill do pass, as amended by striking out the ' "In my opinion, as the saw was running slowly (merely to see if the belt word" fifty" in line 6 and inserting in lieu thereof the word "forty." would run even and right), if it had caught the sleeve of the right arm he would have saved his arm, as his coat was old and easily torn. But he had no nse nor The amendment was agreed to; and the bill was laid aside t o be re­ control of his left arm. There was no strength in that hand and arm to do much ported to the H ouse with the recommendation t h at it d o pass. .- 1916 - CONGRESSIONAL RECORD-HOUSE. MARcH 9,

WILLIAM P. WITT. l\IARBLE H. BAIRD. Mr. W .ALKER. I call up for consideration the bill (H. R. 6908) Mr. PERKINS. I call up for consideration the bill (H. R. 782) grant­ granting a pension to William P. Witt. ing a pension to Marble H. Baird. The bill was read, as follows: The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ Be it e-nacted, etc., That the Secretary of the Interior be, and he is hereby R.U­ thorized and directed to place on the pension-roll, subject to the provisions and thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of William P. Witt, late of Company limitations of the pension laws, the name of Marble ll. Baird, late of Company B, Seventeenth llegiment of Kansas Volunteers. A, Eighth Regiment Illinois C'avalry Volunteers. The report (by 1\Ir. WALKER) was read, as follows:· The report (by Mr. MORRILL) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. "The Committ-ee on Invalid Pensions, to whom was referred the bill (H. R. 6908) granting a pension to William P. Witt, submit the following report: 782) granting a pension to Marble H. Baird, submit the following report: Claimant enlisted July 13,1864, as sergeant of Company B, Sevent-eenth Regi­ This soldier enlisted August 30, 1861, in Company A, Eighth Illinois Cavalry, ment of Kansas Volunteers, for the term of one hundred days. Claim for pen­ and was discharged March 5, 1862, for an injury to the wrist, whlch was admit­ sion rejected in the Pension Office because of claimant's inability to prove origin ted to have existed at the time of enlistment. In1875be filed an application for und connect present disability with service. pension, alleging that in January, 1862, be received a rupture in the service. Claimant slates that he was taken sick at Camp Curtis, near Leavenworth, This application was rejected principally on the ground that the certificate of Kans., with camp diarrhea. Two of his comrades testify to his sickness at disability for which the soldier was discharged makes no mention of the hernia, Camp Curtis, and the physician who was called to treat him immediately on his and there is also some contradiction in the statement of the soldier as to the return from the service states that. he {claimant) was seized with li>er complaint manner and time of incurrence of the disabilitv. In one affidavit he testifie.'l and yellow jaundice, with finally rheumatism supervening, and had quite a pro­ that he first received it in carrying logs of wood in camp near Alexandria. In tracted and serious confinement for six weeks or more. a subsequent affidavit he alleges that he received it by being thxown from his The board of examining surgeons at St. Joseph, Mo., under date of July 9, horse in Washington. 1884, report claimant entitled to one-half rate of pension. The special examiner who investigated this rose, in speaking of the conflict­ Your committee are of the opinion that soldier contracted the disease from ing testimony, says: whlch he now suffers while in the service of the United States and in the line "His explanation of it is not altogether satisfactory, and yet it ma.y be true. of duty. He is clearly entitled to a pension, and we therefore recommend the It will be noticed that the claimant. avers that subsequent to the incurrence of passage of the bill. the alleged rupture be rehurt himself, n.fter which the alleged rupture gave him more trouble than formerly. Now, the conflicting testimony as to the time and There being no objection, the bill was laid aside to be reported to place of the occurrence of said rupture can only be recognized upon the theory the House with the recommendation that it do pass. that those who testified to its incurrence at Alexandria could have had no knowl­ edge of the injury at Washington, and that they confounded the aggravation JANE THOMAS. and increase of the said rupture with its original incurrence. Upon the whole, I am inclined to the opinion that the claim is meritorious.'' 1\Ir. HENDERSON, of Iowa. I call up for consideration the bill {H. Dr. H.l\I. Crawford, James C. Baird, Adam S. Vanvast, I. D. Garton, J. B. R. 159) granting a pension to Jane Thoma~ . Howells, John F. Farnsworth, 1\iaj. William G. Conkling, P. G. Jennings, Will­ The bill was read, as follows: iam R. Monroe all testify in the most positive terms to the soundness of claim- ant at the time be enlisted. · Be it enacted, etc., That the Secretary of the Interior be, and hereby is. author­ Col. .John F. Farnsworth, Ma.j. ·william G. Conkling, both of the same regi­ ized and directed to place on the pension-roll the name of Mrs. Jane Thomas, ment, Capt. P. G. Jennings and comrade 'Villiam R. Monroe of the same com­ of Dubuque, Iowa, an Army nurse, widow of Lewis A. Thomas, late quarter­ pany, testify unqualifiedly as to his being injured by a fah from his horse. master-sergeant of the Forty-sixth Regiment Iowa Infantry Volunteers, and Some of them t()stify that they saw the bunch which they believed to be a rupt­ that her pension be at the rate of $12 per month. ure. 'l'be testimony as to his condition at time of discharge is also clear. The report {by Mr. SPOONER) was read, as follows: The examining surgeon at Independence, Kans., in 1875, describes the disa­ The Committee on Invalid Pensions, to whom was referred bill (H. R. 159) bility, which coincides with the evidence of the other witne ses in the case. granting a pension to Jane Thomas, respectfully report: The examining board of surgeons in 1883 certified that he was entitled to a l\Irs. Jane Thomas is the widow of Lewis A. Thomas, late quartermaster­ total rating. sergeant of the Forty-sixth Regiment Iowa Volunteers. She served as an Army After a careful and thorough examination of the mass of evidence submitted nurse in the late war, rendering earnest, faithful, and efficient service, and in in the case your committee are forced to the conclusion that the ~oldier re­ that service lost her health, which she has never recovered. ceived the disability in the service, and therefore recommend the passage of the Her husband died in 1882, leaving her without any means of support or any bill. known relatives to whom she might apply for assistance. She is now seventy­ There was no objection, and the bill was laid aside to be reported to tlu·ee years of age, wholly incapacitated from earning her own living, and is the House with the recommendation that it do pass. maintained in the Iowa Home for the Friendless, at Dubuque, Iowa, of which institution she is an inmate. MRS. EJ.. IZA B. ANDERSON. 1\Irs. Annie Witt-enmyer, who is widely known as the agent of the Christian Commission, says of Mrs. Thomas in an affidavit of recent date: 1\Ir. HOLl\IAN. Ur. Chairman, I ask nnanimousconsentto take up "She was active in securing hospital supplies throughout the war, and entered the service June 5, 1864, as nurse, and, in addition to other duties, superintended for present consideration the bill (H. R. 754) to increase the pension of the special-diet kitchen of Adams United States Hospital at Memphis, Tenn. She Mrs. Eliza B. Anderson. con tinned in the service in Adams Hospitalfrom June 5 till the following N ovem­ The bill wes read, as follows: ber. She was under my direct supervision in the special-diet kitchen work, nnder "special orders" of the War Department, to which attention is called. Be it enacted, etc., That Eliza B. Anderson, widow of the late Robert Anderson, 1\Lrs. Thomas rendered most faithful and acceptable service through the heat and a brigadier-general in the United States Army, shall be paid, from the passage hardships of the summer and until her health failed and she was obliged tore­ of this act, for and during her natural life, a pension of &100 per month, in lieu turn home in November, 18G4." of the pension now paid to her. The directors of said Home for the Friendless say: The committee recommend the adoption of the following amend­ "She was an earnest and untiring worker for the soldiers in camp and hos­ pital, at home and in the field." ments: The facts above stat-ed are also corroborated by the testimony and written state­ Strike out in lines 5 and 6 the words "during her natural life," and in line 6 ments of Drs. Staples and Boomer, late Army surgeons, and of a large number strike out "one hundred" and insert "seventy-five." of most reputable citizens of Dubuque, Iowa.. M:r. HOLMAN. The report is quite brief, and I hope it will e read. Your committee recommend the passage of the bill, with an amendment striking out in lines 7 and 8 the words" that her pension be," and insert in Mr. THOMPSON, of Ohio. I move that the reading of the report place thereof the words" pay her a pension." be dispensed with, and that the bill be laid aside to be reported favor­ The amendment of the committee was agreed to; and the bill as ably to the House. amended was laid aside to be reported to the Honse with the recom­ 1\fr. HOLMAN. Mr. Chairman, I have not been able to bring my mendation that it do pass. mind to consent to the reduction recommended in this bill by the Com­ IDA B. LINTHICUl\I. mittee on Pensions. The bill was reported to the House by the gentleman from New Mr. ANDERSON, of Illinois. I call up for consideration the bill Hampshire [Mr. GALLINGER], and I am sure be will not object to the (H. R. 97) granting a pension to Ida B. Linthicum. sum named in the bill. The bill was read, as follows: The original bill proposed to increase the present pension of Mrs. Be it enacted, etc., That t-he Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-roll, subject to the provisions Anderson to $100 per month, but as reported by the Committee on Invalid and limitations of the pension laws, the name of Ida B. Linthlcum, of Quincy, Pensions it is fixed at only $75. I desire to be heard for a few moments Ill., daughter of John D. Linthicum, deceased, lat-e a private in the One hundred in support of the original bill, unless there seems to be a unity of nnd eighteenth Regiment Illinois Volunteers. opinion on the part of the committee that the bill should be laid a ide The report (by 1rir. LANE) was read, as follows: with the recommendation that it do pass at the rate of $100 a month. The soldier, John D. Linthicum, enlisted in One hundred and eighteenth Illi­ Mr. THOUPSON, of Ohio. Let the bill be laid aside. nois Volunteers, November, 1862, fought in seven battles, and came home sick in September, 1863, and was discharged for disability June 6, 1864. having be­ Mr. PERKINS. I think we ought to have the reading of the report, come disabled from doing duty as a soldier from July, 1863, while in the service or an explanation of its provisions. of the United States and in line of duty as a soldier, and he died 1\fay, 1865. His Ur. HOLMAN. If there is general consent that the pension shall widow drew a pension until she married again, then the said Ida B. Linthicum drew a pension until she was sixteen years of age, when, under the law, the pen­ be fixed at $100 a month, I shall not ask to occupy the attention of the sion stopped. She now applies for a pension ofS10 per month, whatshe bad been committee; or if gentlemen prefer that the report should be read, I am drawing prior tQ the time she arrived at sixteen years of age; she was twelve perfectly willing. years of age when her mother married the second time, and she is now twenty­ four years of age. Mr. PERKINS. I hope the gentleman will state briefly to the House .. It appears from the testimony of Dr. Byrd, her attending physician, that she what this bill is, so as to avoid the reading of a lengthy report. is suffering from incurable posterior curvature of the spine, and that she has been Mr. HOLMAN. There is no fact, Mr. Chairman, of which I am pos­ so afflicted from her birth and will be a cripple for life, and is wholly unable to make a living and has no means of livelihood, and if she does not receive a pen­ sessed affecting this bill that is nob a part of the history of this country. sion will be an object of private charity. It would not be proper for me to say that the Government bas not been The committee therefore recommend that this bill pass. in some degree mindful of the services rendered by General Robert There was no objection, and the bill was laid aside to be reported to Anderson to the country at the opening hours of the late war, or that the House with the recommendation that it do pass. it had not recognized in some degree the importance of his services.. '

1888. CONGRESSIONAL RECORD-HOUSEo 1917

Indeed, the country has done so. I ask that an act which was passed of the South demanding the surrender, be gave utterance to the dec­ on the lOth day of June, 1872, which is very brief, may be read by the laration that he never would surrender that fort till it could be done Clerk. with honor to his country. Till it could be so done, he declared that The Clerk read as follows: rather than abandon it he would be buried beneath its shapeless ruins. Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, di­ Those words :rang through th~ land and inspired that heroism which rected to pay, out of any money in the Treasury not otherwise appropriated, was later displayed and saved the Union. to Eliza B. Anderson, widow of the late Maj. Gen. Robert Anderson, the sum of $10,000 in grateful recognition of that singular fidelity t-o public duty which Those great generals of g r e::~.t and prolonged command, of whom the inspired said Hobert Anderson when a major in the United States Army, on whole nation is proud, were placed under different circumstances. ' the 26th day of December, 1860, without authority from the P1·esident, and in However much we may admire their heroism and devotion to conn­ defiance of the wishes of the Secretary of War, to RSsume the grave responsi­ bility of transferring his small command from Fort Moultrie t.o Fort Sumter, in try, we know that they we~e buoyed up on all sides; the sympathies, Charleston Harbor, thereby incurring the double reproach from the Govern­ encouragement, and a-dmiration of the whole people of the North ment of his country that he bad acted without orders, and from the enemy of gathered around their great commanding officers, and the eyes of the his country that he had "achieved the unenviable distinction of opening civil war," and at the same time placing himself under those hardships which people, not only in the North but in the South and of the civilized wrecked his constitution and destroyed his life. world, were upon them. There was everything to uphold and sustain Mr. HOLMAN. ltlr. Chairman, perhaps no better evidence could be them. But here was a general, standing solitary and alone, appar­ furnished than this declaration of C9ngress of the fact that General ently without the support of his Government on the one side, and de­ Robert Anderson lost his life in the service and defense of his country. nounced by the other; with the fear in his heart that he might be. the General Anderson died soon after the close of the war, leaving a widow cause of precipitating his country into a bloody fraternal war. This and three children-two daughters and one son. To the great griefof was the awful position in which he was placed. I submit there is the mother, the son died at an early age. nothing in the whole line of our history which furnishes an instance Mrs. Anderson has liv~d in comparatively destitute circumstances, of greater devotion to country in more embarrassing circumstances than as I am informed, for a numberof·years past with her daughters. She was displayed by General Anderson. The prudence, patriotism, and is receiving now, it is proper for me to say, a pension of $50 a. month. fortitude displayed have no parallel in our history, aU facts considered. She received, of course, in the first instance a pension of $30, which A moment ago I went into the Library. I looked for a notice of the was ultimately increased to $50 by special ad of Congress; and so she life of Robert Anderson, and happily I found this, the first utterance is receiving now, and has received for several years past, $50 a· month. that fell upon his ears to show him that the people of the United States The money granted to her by Congress under the act of 1872, to which bad not entirely forgotton the fearful perils by which he was sur­ I have referred, was entirely lost by an unfortunate investment made rounded. I ask the Clerk to read the resolution. by a friend. I state that upon rumor and not as coming from Mrs. An­ Tne Clerk read as follows: derson herself. However that may be, I am assured that she is de­ Resolt:ed, That we fu]ly approve the bold and patriotic act of Major Anderson in withdrawing f1·om Fort 1\-IouJtrie to Fort Sumter, and of the determination pendent on the pension heretofore granted by Congress for the supp:::Jrt of the Presideut to maintain that fearless officer in his present position; and of herself and daughtet'S. that we will support the President in all constitutional measures to enforce tha There was in this House a number of years ago one of the greatest laws and preserve the Union. characters that ever represented a constituency-General Clinch, of Mr. HOLMAN. That resolution was submitted to the House of South Carolina. To illustrate his character: A very considerable claim Representatives on the 7th January, 1861, by Mr. Adrian, ofNew Jer­ in his favor, growing out of the Florida war, had been audited in his sey. It was adopted by a yea-and-nay vote. And I may perhaps be favor. Ithad been pending in Congress prior to his becoming a member. pardoned for saying, after this lapse of twenty-seven years, I felt the After becoming a member of the House, some special friend of his, sup­ glow of pride in seeing my name recorded in the affirmative. The reso­ posing it would gratify General Clinch to do so, brought forward the lution was adopted by a -rote of yeas 125; nays 56. According to my bill in his behalf. The history of the times says that General Clinch information of the history of that period that resolution when it reached resented this act of his friend with indignation. He thought it not be­ General Anderson's ear, before the fall of Fort Sumter, was the :first in­ coming a representative of the people that while he held a seat in Con­ formation he had that the masses of the American people were stand­ gress any measure specially beneficial to him should be brought into ing by him. We can understand the difficulty of the position which that body for consideration. The measure was withdrawn and acted he then occupied before the country. upon many years later, and a portion of that audited claim went to There must have been pressing fearfully upon his mind the respon­ Mrs. Anderson, the only loyal member of his family, years later by an sibility which rested upon him when he was to be the instrument un­ a ct of Congress. Mrs. Anderson was a daughter of this distinguished willingly of plunging the nation into war. The very step from which South Carolinian. both the great men representing their respective parties- the one going The family of Genera.l Clinch was at the commencement of the late out of power and the other coming in-shrunk, General Anderson was war one of the most influential in South Carolina, and all involved in compelled to take; and yet he neither compromised the honor of his the Confederacy but Mrs. Anderson, who adhered like a loyal wife to Government nor furnished an excuse for war. her gallant husband and to her country. I have, sir, but a few additional words to say, and I have always Mr. Chairman, the circumstances under which General Anderson was favored equality in pensions of those who defended the Union. We placed in 1860 to my mind present one of the most interesting inci­ have been, however, in the custom, during the war and since the war, dents of the history of the country, and present him in a character up to this time, of enlarging pensions beyond the amount established more striking and prominent than any of the gre.:'l.t characters which hy the regular statute, whenever by distinguished services such an in­ the war for the Union brought on the stage of action and made illus­ crease of the amount seemed to be a proper recognition by the nation trious. The declaration made in that act of Congressj ust read, as you of those services. Here is something more than that. Here is a case all know, gentlen;1en, is in a certain sense so mewhat partisan. The truth of a general whose services were certainly as valuable to this nation is that both parties, the Republican party which came in and the Dem­ as those of any other, who displayed a patriotism under embarrassing ocratic party which was going out, and the two great characters repre­ conditions unsurpassed; and also forbearance and prudence in conduct senting each party, Mr. Buchanan and Mr. Lincoln, shrank from being which prevented this great Government of ours from being responsible responsible for what a.ll men feared would be and proved to be the open­ fur that war, while at the same time in circumstances calling loudly upon ing of a terrible fratricidal war. the National Government for help. It is due to hislory, I think, to say that both of those great states­ Under these circumstances is not this in truth an exceptional case? men alike shrank from the responsibility of an act which might lead to Should there be a moment's hesitation? The very fact that General war. I need not dwell upon the circumstances under which General Anderson, broken in health, mind, and bodybytheperilsoftbatperiod, Anderson, in October, 1860, with large social connections at the South could make no greater rec.ord in later years is an argument in behalf of and especially in South Carolina, was sent to Charleston Harbor. The his family. General Anderson's was not a prolonged record, but a great fact, however, is he was sent there. It was charged upon him by the one, and without a parallel. It will not arrest the attention of the South, and the North for the time hardly had the manhood to deny it, historian as will the imposing records which were made later in the that the act by which he removed his troops from their defenseless posi­ great struggle by great generals who will occupy a commanding place tion at Fort Moultrie to the comparatively strong post of Fort Sumter in all future history, but an instance of exalted patriotic devotion occu­ was, in itself, an act of war, yet as a loyal soldier he could do nothing pying only a short period, yet snfficient to use up the great energies of ·else; but it is certain that General Anderson's act on that occasion- de­ a great life, as declared by Congress in the act of 1872, which has been nounced on the one side, with no voice for a time in its defense raised read. on the other either here at the capital or throughout the country- on Therefore, M:r. Chairman, in behalf of the widow of General Robert the whole is one of the most satisfactory events of the fearful struggle, Anderson, and in behalf of his daughter, I ask the committee to grant and is now a source of satisfaction to the Sonth as well as to the North, a pension in this case of $100 per month. for the loyal prudence of his conduct left no ground for charging ag­ Mr. THOMPSON, of Ohio. Mr. Chairman, I agree with the gentle­ gression on the part of the Government. man from Indiana [Mr. HoLMAN] that this bill ought to pass, and I If he had shrunk from the post of duty and evacuated that fort, or hope, sir, that it will be ma-de a precedent here, and I speak that with remained in a position that was indefensible, instead of doing the best all the significance that can attach to it. I say I hope this bill will be he could to defend the flag and honor of his conn try, the South and the passed, and that it will be made a precedent for other bills that are to North would alike feel to-day that the nation was in the beginning follow. General Robert Anderson deserved well of his country, and humiliated. It would have been a fearful blot on our history. Har­ those who represent him to-day should have the kind consideration of ~U~eed on the one side, unsupported on the other, the representatives the Congress and the people of the United States. 1918 CONGRESSIONAL RECORD-HOUSE. MARcH 9,

General Anderson's service was rendered at a time when it was hard son, of Northwood Ridge, N. H., who treated soldie(in his fatal sickness, testi­ fi es as follows: to tell who was loyal and who was not. At that critical time Robert "I knew Wilson Gray for about twenty years prior to bis death, and did n ot Anderson, understanding his duty as a soldier, stood fast, held the fort, consider him a strong or healthy man. I was ca lled to trea t him June 15.1884, kept the oath he had taken, was true to. the Union, and the stand that and found him suffering f1·om typhoid pneumouia , r aising ver y dark ot· p rune­ colored sputa , with pain in right lung, fe>er and tympanitic con dition of bowels. he took in that crisis had a very important influence upon the course These symptoms were soon followed by d elirium aud diarrhea, from which he of the subsequent conflict between the States. I do not regard- I say died June 20. I h ave been accustomed to treat pne umonia in this locality for this in no disparagement of him- I do not regard Robert Anderson as twenty-five years, but haye met with this type.of the disease only in the aged or those whose systems were Lroken down by previous disease or some d ebili­ one of the great fighting soldiers of the Union, but I do recognize him tating cause, and I am of opinion thali lhe chronic diarrhea which said soldier as a true Union man, who at a critical period in the history ofhis contmcted while in the Army contribu ted largely in causing his d e ath." country was true to his flag, and who, in that hot-bed of secession, The claimant, as it appears from t estimony filed witll the committee, is in destitute circumstances and impaired health, with several children dependent Charleston, S. C., asserted and maintained the principies for which we upon her for support. afterwards fought. I favor this bill, ]).fr. Chairman, and hope it will Your committee being of opinion tbat there is a strong probability that sol­ pass. dier's pensionable disabilities had much to do with inducing the fatal attack­ which fatal d isen.s e rarely a tt-acks any but those whose systems arc debilitated Mr. HOLMAN. Without the amendment? by other ailments-report the bill back, with the r ecommendation that it d o Mr. THOMPSON, of Ohio. What is the amendment? pass. :Mr. HOLMAN. The amendment is t<> reduce the amount to $75 a The bill was laid aside to be reoorted to the House with the recom- month. mendation that it do pass. - Mr. THOMPSON, of Ohio. What was the original amount? Mr. HOL:UAN. One hundred dollars per month. WILLIAM H. BRIMMER. Mr. THOMPSON, of Ohio. I should not oppose the bill as it stood M:r. GREENMAN. I ask unanimous consent for the present con­ originally. I am in fuvor of it. I hold, Mr. Chairman, that distin­ sideration of the bill (H. It 5247) granting a pension to William H. guished services should receive special recognition here. I understand Brimmer. · very well that there were many poor soldiers who did aU they could and The bill wa."l read, as follows: who are to-day suffering, and that the widows and children of others Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, a u­ who died on the battle-field are suffering. They, too, should have thorized and directed to place on the pension-roll, subject to the provisions and recognition here, but without putting aside their claims at all I ~ay limitations of the pension laws, the name of William H. Brimmer, of Stephen­ that I am willing to recognize distinguished service rendered at a crit­ town, N . Y.,late a private in Company K, Twenty-first. RegimentofNewYork Cavalry Volunteers, at the rate of $12 p er month, commencing at the date of ical time. Men like Robert Anderson should have proper recognition his discharge, on the 30th day of May, 1865. here, and men like John A. Logan should have proper recognition at the hands of Congress and the people. We ought to mark by our pub­ The report {by 1.1r. SAWYER) was read, as follows: lic recognition the value of the examples set by such men in order That the soldier, William H. Brimmer, enlisted in Company K, Twenty-first that they may be handed down for the guidance of future generations. New York Cav alry, September 5, 1864, and was discharged 1\Iay 30, 1865, by gen­ eral order. I trust that this bill will pass. In his affidant he slates that at the time of his enlistment he was a sound, Jl,!r. ANDERSON, of Illinois. I would like. to ask the gentleman a robust, and healthy m a n, and able to p erform any kind of manual labor. On question. [Cries of "Vote!" "Vote ! "] his enlistment h e was examined and received after said examination. That while in the service, and while at Cumberland Gap, he was detailed with others Mr. NELSON. Mr. Chairman, I would inquire whether we are not to carry sacks of corn delivered at regimental headquarters to his compa.ny ; proceeding under the five-minute rule? that this carry ing cau ed a. weakness in his bowels, accompanied with much M:r. ANDERSON, of illinois. I want to ask the gentleman a ques­ pain, which bus since continued, progressing until it has developed into hernia. That he was not treated while in the service, although the difficulty and pain tion. The Committee of the Whole has just recommended the passage continued. • of a bill allowing a pension of $10 a month to a little deformed child, That he was not aware of the hernia nntil afterwards. the orphan of a soldier who fought in seven battles and was killed in That he w as treated for this difficulty by Dr. Dickinson, who died in .January, 187!:>; that aflerwards he was treated by Dr. Charles N. Reynolds, who pro­ battle. His daughter is left alone, without any support except the nounced it a case of hernia, not then fully developed. paltry pension that we have voted her here. Why does the gentleman That his a-pplication foro. p ension has been 1·ej ected at the Pension Office for make a distinction between the widow of that private soldier and the the rea son that he h as been unable to furnish tile evidence as to the origin of disability, as required by the rules of that office. widow of a general? Dr. Charles N. R eynolds tes tifies that he is a physician, and has known the :Ur. THO :UPSON, of Ohio. I agree with you in all you say, but I soldier for about ten years. He further says : do not understand why yon interrupt me. (Laughter. J "Some time in the year 1880 or 1881 \\' illiam H . Brimmer consulted me about a trouble with his side and groin, complaining of great pains and tenderness in I\!r. ANDERSON, of illinois. I want to know on what platform or the rig ht groin, spreading from thence over more or less of the right side; on what foundation you place the distinction between the widow of shooting p!lins into the ba ck, followed by weakness, trembling, and faintness, General Anderson and the deformed orphan child of a man who fought and occasionally nause a , the attacks coming on very suddenly and at any time, necessitating his sitting or lying d own whe rever he might be at the time. On as nobly and who died in the service of his country? examination I came to the conclusion that 1\Ir. Brimmer was suffering from an 1.1r. THOMPSON, of Ohio. I will vote for a pension in such a case incomplete obliq ue inguinal hernia. 1\l.r. Brimmer seemed somewhat to doubt every time [laughter] ; but I say that General Hobert Andersqn ren­ the conclusion, saying the symptoms b e now presented were the same he had experienced while in the Army and at intervo.ls ever since, the only difference, dered distinguished service at a critical period in the history of his if any, being in point of severity and frequency. But the correctness of the country, and that that distinguished service should have proper recog­ diagnosis was fully demonstrated in two or three mouths by a protrusion of the nition without reference to the services of men who came after him in sac tbJ:ough the external rin~r . Mr. Brimmer is obliged to wear a truss aU of the time, and has been since it first came down. For the se>en or eight years the war. He was true at a. time when it was importantto his country past it has entirely prev-ented his following his work of turning or standing at that men should be true. thesaw." · Tbe CHAIRUAN. The first question is upon the first amendment Lawrence Luvey states in his affidavit that he was a private in Company E , in the same regiment to which Brimmer belonged; that he was well acquainted r eported by the committee, to strike out the wards :'during her .na.tuml with him before his enJistment. That he was then "a stt·ong, healthy man, and life." free from any rupture." That they were often required to carry large sacks of The amendment was agreed to. corn from the regimental headquarters to the company headquarters. That since his (affiant's) discharge in 1865 he has liyed near Brimmer and seen him The CHAIRMAN. The next question is upon the amendment to about eyery day; that when he first came home in 1865 Brimmer was complain· strike out "one hundred" and insert "se-.enty-:five. " ing of a weakness in his right groin, and at times when he (affinnt) was at work The amendment was rejected. for firm to which Brimmer belonged, he (Brimmer) would be obliged to stop work and lie down and rest until the pain would somewhat cease, and that The bill as amended was laid aside t o be reported to the Honse with Brimmer at that time said he had had this same difficulty about him since they the recommendation that it do pass. were compelled t-o carry corn at Cumberland Gap. Ezra B. Chase testifies that he has been a partner in business with Brimmer NANCY 0 . GRAY. since April 1, 1866, and worked with him most of the time, and describes the existence of this difficulty from that time ever since, its growing worse, andre­ Mr. GALLINGER. I ask unanimous consent for the present con­ sulting in the wearing of a. truss. The wife of Brimmer, who was married to him before his enlistment, testifies sideration of the bill (H. R. 6586) granting a pension to Nancy 0 . that before his enlistment be was a sound, healthy man, free from any rupture; Gray. that on his return from the Army he complained of soreness and weakness in The bill was read, as follows: his right groin, rendering him at times unable to do anything; that this con· tinned growing worse until it developed into an open rupture and rendered a Be it enacted, etc., That t-he Secretary of the Interior be, and he is hereby,-o.u­ truss necessary. thorized and directed to place on the pension-roll, subject to the provisions and The high character of Brimmer is certified by the member of Congress intro­ limitations of the pension laws, the name of Nancy 0. Gra y, widow of Wilson ducing the bill. Gray, late of Company C, Eighteenth New Hampshire Volunteers. The evidence satisfies the committee that t.Le hernia. which the soldier now has had its origin in the line of duty while in the Army, and although he may The report (by Ur. GALLINGER) was read, as follows: be unable t<> furnish the evidence required by the rules and practice of the Pen­ sion Office he is entitled to relief, and therefore recommend that the bill do pass Wilson Gray, late of Company C, Eighteenth New Hampshire Volunteers, with the following amendment: was pensioned for shell-wound of back, chronic diarrhea, rheumatism, and dis­ Strike out all after t~e word "volunteers" in the eighth line thereof. location of right elbow,and died of so-called typhoid pneumonia , June 20, 1884. Soldier's widow, the claimant under this bill, applied for pension. which was • Th-e amendment reported the committee, to the end rejected on th e ground that soldier's death was not due to a.ny of the disabili­ by sb-ike out at ties, nor all of them combined, for which soldier was pensioned. of the bill the words "at the rate of $12 per month, commencing at the It is cer.tainJy fair to presume that disa bilities such as this soldier was pen­ date of his diseharge on the 30th day of !!lay, 1865," was agreed to. sioned for, existing for twenty years or moret gradually undermining the con­ stitution, necessarily and inevitably preclli posed the system to attacks of acut-e The bill as amended was laid aside to be reported to the House with disease, especially of an inflammatory nature. On this point Dr. C. W. Han- the recommendation that it do pass. 1888. CONGRESSIONAL RECORD-HOUSE. 1919

Mr. MORRILL. I move that the committee now rise. [Cries of KELSEY CURTIS. "Oh, no ! "] Mr. LIND. I a."!k for the present consideration of the bill (H. R. The motion was not agreed to. 3183) for the relief of Kelsey Curtis. M.AliALA ROBBINS. The bill was read, as follows: Be it enacted, e.te., That the Secretary of the Interior be, and he is hereby, au­ .U1·. GEAR. I ask for the consideration at this time of the bill (H. thorized and direcled to place on the pension-roll, subject to the provisions and R. 2177) granting a pension to Mahala Robbins. limitations of the pension Jaws, the name of Kelsey Curtis, formerly of Com­ The bill was read, as followo: pany H, Fourteenth Regiment Illinois Cavalry State Volunteers. Be it enacted, etc., That tlle Secretary of the Interior be, and is hereby, in­ The report (by Mr. MORRILL) was read, as follows: structed to place on tbe pcnt~ion-roll the name of .l\1abala Robbins, of Keokuk, The claimant in this case was private in Company H, Fourteenth Illinois Osv­ Iown, dependent molller of Caleb lli~rmon, deceased, late a private in Company alry,enlisting March 17,1865, and wasdiscbru·gedon the 31st of July, 1865. In his H, Fifty-sixth Regiment of United States Colored Troops, and pay her a pen­ applic.'l.tion for a pension he alleges that be incurred rupture of the left; side sion, subject to the provisions and limitations of the pension law. caused by heavy liftlng in loading rations. The claim was rejected on the ground that the evidence now on file does not establish title to pension on ac­ The report (by l\Ir. SPOONER) was read, as follows: count of cause alleged. There seems to be no hospital record in this case, and Mahala Robbins is the mother of Caleb Ilamone, otherwise known as Caleb clairnant declares inability to furnish medical testimony on account of the death Hammond, who was a pl'ivate in Company H, Fifty-sixth Regiment of United of his family physician. States Colored Troops. Both mother and son were slaves. The son enlisted in Peter Brant and Andrew Samuelson both testify positively that claimant was said company and regiment June 18, 1 63, be then being about nineteen years sound at time of enlistment. The lu.tt~r says that be went into the Army with of age. He died in the service, at Jefferson Barracks, Mo., of cholera, August claimant, was wiU1 him in the room when they were examined, and that claim­ 17,1MG6, unmarried, and leaving no children. ant was pronounced sound by the examining surgeon, and that no rupture of The application of the mothm· for pension was rejected on the ground "that the left side existed at that time. • the e\·idence is insufficient to show that the soldier contributed to or recognized Chades ,V, Munn, orderly sergeant of the company, tesliifies that about July his obligations to aid in the support of tl1e claimant;" and the question there­ 10,1865, he made a detail to go to Pulaski to help load rations; that Kelsey Curtis fore in the case is as to the dependence of the mother. was one of the men detailed, and that while loading rations he hurt himself It appears from the evidence that prior to the soldier's enlistment both the and returned to camp very sick. · mother and the son lived with and labored for their "master," who received "Told me that he had hurt himself very badly and was suffering very much the results of their labor and earnings; that after the son's enlistment his mother from pain in the lower pa.l't of the bowels; he requested me to go to the surgeon apparently continued to maintain substahtially the same relations with her and get him something to relieve him. I went and saw Dr. \Vilkins; be gave master as previously: that she actually received no contributions towards her me medicine which I delivered to Curtis. Ait,er that Curtis was not able to support from her said son, though he WTote her from the Army three letters, do duty until the time he was mustered out, which was the 30th of July; this one of which is on file in the case, the others (as testified by claimant) having was the last time I saw him, and know nothing from that time." been destroyed-one, she thinks, by her master, and the other by herself, so that Darling 'Velsh and Henry C. Chase testify to an intimate acquaintance with her" master would not get to see it." Cm·tis before and after his enlistment, and that at the time of his return \rom In tl.Je letter on file, dated in June, 1864, the soldier adernment for such services; that she is now sixty-one years of age and in very poor health. She has rheumatism from exposure while in the serv­ !.IT. MOFFITT. I ask for the present consideration of the bill (H. ice, so that she is unable to work, and she has no means of support; that her R. 5911) granting a pension to Elizabeth J. HascalL husband is seventy years of age, and is paralyzed and unable to do any work and that he ":as also. a soldier in the. civil war, and that she bas no other family; The bill was read, as follows: and that she 1s now 1n very needy Circumstances, and she asks a pension of $16 Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, au­ per month. thorized and directed to place on the pension-roll. subject to the provisions and The facts above staled are fully proven by the affidavits of at least eleven wit­ limitations of the pensions laws, the name of Elizabeth J . Hascall, widow of nesses, which affidmts are now on file with the committee. The parties who Bailey Hascall, late acting assistant paymaster of the United States Navv dar· make these affidavits, most of them, were soldiers whom this woman nursed ing the late war of the rebellion. • in the Army, and some of them claim that she was the means of saving their lives. In view of the peculiar facts of this case, the committee recommend that The report (by 1\fr. SAWYER) was read, as follows: said Mary Dull receive o. pension of $16 per month, and that the bill be so Elizabeth J. Hascall is the widow of Bailey Hascall, late acting assistant pay­ amended, and as so amended that the same do pass. master, United States Navy, who died ?.larch 10, 1887, of disease of lun~s. He was pensioned under the provisions of a special act, approved .June 24, 1886, for The amendments reported by the committee were read, as follows: · rheumatism, fistula in ano, and disease of lungs, at the rate of ~0 per month. In line 6, insert after the word "late" the word "nurse." The report of the Committee on Invalid Pensions of the Forty-ninth Congress ln the same line strike out the word "company." so fully sets forth all the facts that your committee deem it proper to ma.k:e it At the end of the bill add •' and pay her a pension of $l6 per month.'' part of this report. It is as follows: •· The evidence on file in the Pension Department shows that the claimant was The amendments were agreed to. appointed acting assistant paymaster in the United Btates Navy June 30, 1862, and was dhscharg·ed September 9, 18G5. The following·U. a summary of the serv· The bill as amended was laid aside to be reported to the House with ices, exposure , and suiferings of claimant while in the service: the l'ecomim:ndation that it do pass. "August 7, 1862, reported to Ren.r-Adm.iJ-al Du Pont for duty on board the 1920 CONGRESSIONAL RECORD-HOUSE. MARcH 9,

United States gunboat Madgie and did duty. on her fro!D- that date to Octo~?er that he never actually bore arms, and that soon anerward lie made his escape 111863· she was acting as a blockader and piCket-boat m the marshes and m­ and endeavored to get back to his own company again in the Union Army, but la~d channels and rivers of Georgia and South Carolina; before th!lt she had was recaptured and sent to Macon, Ga., where he was at the time Macon was been condemned as unseaworthy by a. board of survey, and was twice so con­ captured by the Union troops, when he was assigned to duty in Company C, demned while he was on duty on her, her boilers &nd flues continuously burst­ Fifth Ohio Cavalry where he again served faithfully until he was sent to Hilton ing· her hull was water-soaked and leaky, requiring constant pumping; the Head and thence t~ New York, where he was honorably disch!Yged; t.hat dur­ rai~ came through her deck in the officers' quarters and wet their berths and the ing his hard service his sight was ve.ry much affected, O.!J-d havu?g applied for a living-rooms occupied by twelve of the officers, including the claimant, the.room pension it was rejected because of th1s apparent connection of h1s w1th the Con­ being 8 feet by 14 feet in size, and located directly over the furnaces and m the federate enlisting officer notwithstanding his faithful services before and after rear of the engine. While in her the claimant was constantly exposed t.o damp­ his imprisonment and the fact that he had received an honOl'able discharge: ness and the malaria of the marshes. This boat foundered October 11, 1863, the Now, therefore, officers and men escaping in small boats and being taken to Hampton Roads. Be it enacted, etc., That Joseph Driskill, late a soldi~r in Compan:Y C, Fifty­ This exposure to dampness and malaria brought on rheumatism. fourth Regiment Ohio Volunteer Infantry, be, and he 1s hereby, reheve~ from "In January 1864 he reported for duty on boa'rd the steamer Chenango. In all charges of desertion or of giving aid and c.o~fort to the e-?-emy durmg t~e April, 1864, in New York Harbor, the boilers of the steamer exploded: The late war of the rebellion, and that the Commtss10ner of Pens10n be, and he IS chief engineer and three other officers were scalded to death. The exert10n~ of hereby, authorized to reopen said a.pplication of s~id Joseph Dri.sicill ~or pe:n­ the claimant in caring for his dying friends and the shock of the explos10n sion, and that he ignore the afor~said ~barges of miSconduct agamst said Dns­ brought on nervous debility, which resulted i~ sciatic rhem;natism, abhon:en~e kiU, so that they be not used agamst h1m. of food, inability to sleep, ~nd general prostration: Af~r bemg cared for a.while on shipboard he was earned to the house of a friend m Brooklyn. Wh1le on The report (by :M:r. YODER) was read, as follows: the Chenang;, Asst. Surg. D. P. Goodhue, of New Hampshire, attended him. Joseph Driskill, now of Clinton County, Ohio, was a S?ldier during ~be .late "In August 181"..>4 and before he was fully recovered, he was ordered to take war, having enlisted on the 12th day of October, 1861, m Comp~ny 0, Fifty­ charge of sto1~es o~ board of the chartered steamer Aphrodite, bound to the Gulf fourth Reaiment Ohio Volunteer Infantry, for three years or durmg the war. of Mexico. On the second voyageofthatvessel she was wrecked at Cape Look­ He disch:rged his duties faitllfully u~der many vicissi~udes, havi.ng suffer.ed out, North Carolina~ and was a total wreck. Twenty men were drowned and much from sickness, but performed h1s duty whenever It was possible for btm missing. The claimant and others saved from t_he wreck were landed on a bar­ to do so. He was with his reg iment in Sherman's campaign, which finally re­ ren, sandy island, exposed to the weat~er, which was then st<>rmy and col?, sulted in the capture of Atlauta, Ga. with very little food and no fuel for s1x days. They were then taken off m In the battle of July 22,1864. in front of Atlanta, he was captured by the enemy lighters each containing from seventy to eighty men, through the ~annel to and sent a prisoner to Andersonville, and he was kept a prisoner until April the fleet then at Beaufort, a trip lasting twenty-four hours, in the mtdst of a 22, 1865. The sufferings of the•prisoners at that.place hM:e become a matter ~f heavy rain, with no covering over them, and so crowded that there was not even hist-ory. Driskill was exposed to all the hardships the p:Isoners had to submit to, and besides being nearly starved he contracted a dtsease of the e;y:es; He ro~H:~~ ~h~nt.mnsferred to the United States steam-ship Merced ita, and was believed that he would die there. He became desperate, and was wtllmg to ordered to begin transferring men to Admiral Farragut's squadron. This con­ resort to anything which might promise him a chance to get back to his regi­ tinued about thirty days, when, by proper orders, he reported for duty at the ment and save his life. Brooklyn navy-yard, where he WR;S directed to take charge of th~ payment of According to his own statement, which is no doubt truthful, he thought be saw bounty to the enlisted seamen, paymg large sums of mo.ne:y:-somettmes as ~~ch an opportunity to get away when a Confederate recruiting officer came to the as 5150,000 in a day-until at last, in consequence of h~ stck~ess and debility, prison there to get rect·uits for the Confederate service. He says that he told occasioned by his exposure, he was compelled to and dui; resign.. . them they might use his name, but he denies that he took any oath to support "The fact that the claimant was in good health atthe~tmeof hisappomtfi?ent the Confederacy, or that be ever bore ariii:s in the Confedera~e service. On the to his position in the Navy is very <:learly shown, ':specially by the affida:vtt '!f contrary, he says when they informed. him that he must e1t~er do that or f:fO William A Wheeler late Vice-Prestdentofthe Umted States, who states m b1s back to prison he attempted to make his escape, and actually jumped off a ratl­ affidavit be had 'known the claimant from his birth; that at the time of his t~t road car while in motion, but that in a few days afterwards he was rccapt~red by appointment to the Navy be was to every ~ppearan.ce in perfect health; that in the Confederates and sent a prisoner to :!\lacon, Ga., where ho was held ID cus­ the spring or summ~r of 18M he, f!-CCOmpamed by hiS c~erk, returned to 1\falo~e, tody until released by General ' Vil on, who captured. the place ~ndas igned him the home of said cla1mant and said Wheeler, and remamed there several weeks. to duty with the Fifth Ohio Cavalry, where he contmued until the close of the He was then very feeble and almost helpless, having:Jost flesh, appetite, and war, which was only n. short time after, and was sent by way of Sa-yann~h !1-n.d strength; that there has been a steady decline. in his. health a_nd strength, and Hilton Head to New York, where he was mustered out of the serv1ce. rh1s IS that the claimant has never been a well man smce satd explosion; that for sev­ the story substantially told by him, and tl;lere is nothing in the evidence or in eral years he has had frequen~ hel:!lorrhages of the lungs, and is now poor, and the papers on file to contradict it. is supported by the labor of hts wife. · The records show that he was captured by the Confederates July 22,1854. The . "Dr. James R. Bird, a physician of Brooklyn, ~estified in October. last that ~1e reports on the muster-rolls, as given by the Adjutant-General in his letter:' to the th~t pre~cnbe.d had known claimant for eighteen years; pn'!r to 1868 he for h1 m Pension Office of August 15, 1876; January 19, 1878, an~ 1\larcb 2, 1878, ev1dently for rheumatism; that in 1870 he began treatmg him for rheumatism; ~n 1878 he contain errors. The first one, that of August 15,1816, g1\·es the company muster­ performed a severe operatio~ for fis.tula, and that he h!l-s been s_uffermg from rolls for July and August, which report Driskill "absent, taken prisoner before rheumatism, piles, and malaria contmuously-rheumatism R?d ptles of! and o.n, Atlanta;" while that for 1\Iarch and April, 1865, report "present on detached and malaria all the time. The affiant then speaks of the clrumanthavmg a di~ service." ease of the lungs and when asked by the examiner about the present condi­ Adjutant-General's letter of January 19, 1878, reports Driskill on detached tion of the claima.'nt arising from his service in t~e. war, state~ that .he h.as no service in March and April, 1865; that July was the last report of the company, doubt but that it is the result of exposure, etc., ru·ISmg from hiS serVIces m the n.nd reports him "absent on detached service.~' . . The Adjutant-General's letter of March 2,1818, r~ports Dnsk1ll present March w?.rDr. Goodhue, who was acting assistant surgeo.n on the at the time Ch~nango. and April, 1 65, with a. remark '.'on detached serviCe." August 7, 1879, th~ A~­ of the explosion of the boiler, states that th~ clatmant was lmDledtately after­ jutant-General makes substantially the same statement, and also that Dnsktll wards prostrated by the shock to his nervous system and w~at a~peared to l?e was mustered out of the sei·vice in New York City September 8, 1865, with the sciatica so that he was confined to his bed, and that after treatrng htm fivi;J or stx remark "prisoner of war from July 22, 1864, to April 22, 1865." days b~ took him to the house of a friend in Brooklyn; that since that trme he The Confederate records of Andersouville report J. B. Driscall, Company I, bas known nothing of claimant. Fifty-fourth Ohio, "transferred t? Colonel O'NI_ell.Tanuary 23, 1865." . . . "George "\V. Paschal, the special examiner, who took nearly sixty pages of 'uw it will be seen that there 1s great confusiOn m these reports. DrtsktlllS testimony in this case, in his report says: . reported captured July 22, 1864, .and pr.ese.nt with his ~ompany in l\Iarc~ and ·' 'That the claimant is simply existing at the present t1me (October,l885). He April, 1865, but on detached scrvlCe, while m truth and m fact he was a. pm>Oner is entirely unable to make the least exertion. The claimant is a gentlel!la~ of at Andersonville. N?rt~ern education and of the best family connection in Ne'Y York. His life­ There is nothing w bateYer to ~how .that Driskill committed any disloyal. act. Ion~ reputation for integrity and scrupulous probity lS exceptionably good. All He performed his duty as a soldier fmthfully, and never d eserted. TJ;tere IS no the parties testifying and connected with the case are ~f .excelle~t repute and charge of desertion against him. There _is no charge that_ he ever faile~ to do standing. The claim is scrupulously fr.ee from. a~y suspiCIOn of bemg a made-up his duty while with his compan;y: and reg iment, or any as~1gned ~uty wtth an­ case. The sole question is one of tn~dical dectsiOn: . . other company and anolller regiment. He was taken pn ·oner m one of the "• That the history of his case as given by the clatmant htmselfiS true, I have desperate battles 3t Atlanta, and he was found a prisoner when General Wilson no doubt. Nor have I any doubt about the claim being meritorious and worthy captured l\1acon. During this time there is nothing whatever to show that he was anything else but a prisoner or regarded in any other light, except what he of,~~h~~~~ was rejected at the Pension Office solely on the gro~nd that there tells himself about his scheme to escape. was not sufficient evidence tracing the present disability of the cla1mant as are- Now, who can b~ o.me him? Who, with starvation, disease, an~ death staring sult of service. · 'd · th him in the face would not have made an effort t<> get away from 1t? The effort " 'l'he committee, after carefully examining. the vo.lummous ev1 ence .In e he made was entirely justifiable, and the fact that he was willing at once to go case think that while there may not be sufficient evtdence comply wtth the to to duty corroborates his statem.ent that his ~urpose when be agreed to g:o with ruleS of the Department, t~e claim is a just and meritorious one, and they there- Colonel O'Niell was that he m1ght make h1s escape and get back to his own fore recommend that the bill pass. . . command. "We do this more confidently from the fact that t~e Commissi.oner of ~en­ The Confederate records report that he was transferred to Colonel O'Niell, sions in a letter of the date of April 1, 1886, to the chauman of thlS committee, but for what purpose is not stated, nor would it have been known perhaps had recodtmends that this be done." . . not the soldier honestly told all about tile affair. The claim of the widow was likewise rejected on the ground of msuffiCiency He has, in consequence of th~ loss of his eye-sight, ns_ked for a pension, but of evidence to connect death-cause with the service. the Pension Office has refused 1t because of the fact of h1s effort to escape from The merits of the claim of the officer having been fully determin~d by the a Confederate prison. ~here is no .o~er charge a::j:'a~nst him, and tb~re w_ill be last Congress after a careful considera~io~ of the evid~nce presented ~nd t~e no other and it would seem that this IS rather stl·ammg the law to reject bts ap­ recommendations made by the CommiSsioner of Pens10ns, ¥out; ~~mm1ttee, In plication'. He did not desert; be did not bear arms again.st his country; he did view of the further fact that said officer died of one of the d!Sabihtles thus re~­ not in fact <>'iYe aid and comfort to the enemy; but he d1d, for the purpose of ognized as chargeable to his service in the ~avy. of the Umt~d Stat~s, u~hesl­ getting back to his own people, pretend that he would go into the enem.y's tatingly report favorably on the accompanymg bill for the relief of his widow, service, and then at the first opportunity deserted from them .. Can any ~me Im­ and ask that it do pass. a.,.ine a stronger case of devotion? lie had good reason to believe that 1f here­ The bill was laid aside to be reported to the House with the recom­ ~ai ned at Andersonville he would lose his life. He devised a scheme by which mendation that it do pass. h;!bi~~~~~~!~fa~· as justifiable as was that of the prisoners who burrowed out JOSEPII DRISKILL. of the walls of Libby Prison in Richmond, or those who went O!lt through a sewer from the prison at Columbus, Ohio. Such acts are.alwaysj~st. ifiable .on Mr. YODER. I call np for present consideration the bill (H. R. the part of prisoners. The ene~y who hold them !1-S P!IS?ners might :purush 5829) for the relief of Joseph Driskill. them for their efforts to escape 1f caught, but certamly It IS not for their own people to call them to account because they made the effort to get back to them. The bill was read, as follows: Driskill now asks Congress to remove this difficulty from the path of the Pen­ Whereas Joseph Driskill, on or about October 12, 1861, enlisted in 9ompany sion Office so that be may get a pension tbatma.y solace him in his ol~ age. The C Fifty-fourth Regiment Ohio Volunteer Infantry, and performed h1s duty as hardships be endured while in the service caused him to lose the SJg_bt of one a 'faithful soldier until July 22, 1864, when be w.as captured near. Atl~nta, Ga., 0 nnd sent n. prisoner to Andersonville, where !Je !'!uffered great p_r1vat1c;>ns; and ~~! ~~~:~Yb~~da~oeu~~~~s~~u7. n~~e f~fee~f t~up~;s~;~~tii~:·;~~~;~li~di;: b~ing, as he believed, in danger of losing hiS li~e there, he ava1led ~IIDSelf of his case bas been a very harsh one. He wa'5a faithful soldier, and his only mis­ what he supposed was an opportunity to ma.ke his escal?e by preten~mg t~ en­ fortune was that he made an effort to get back to his own army. Had he re­ list in the Confederate service, which took hrm out of pnson for the tnne bemg; mained there perhaps he might have died, buthadhenot died there would have 1888. CONGRESSIONAL RECORD-. HOUSE. 1921 been no question raised against him by the Pension Office; but the very fact that Also, a bill (H. R. 8276) for the relief of the estate of Benjamin F. h e endeavored t-o get away and get back is construed into a crime. Richardson-to the Committee on War Claims. He earnestly and respectfully requests Congress to give him the necessary re­ lief. By M:r. BOOTHMAN: A bill (H. R. 8277) granting a pension to After a careful consideration of the evidence in this case, your committee are David Bashare-to the Committee on Invalid Pensions. of opinion that the relief asked for should be granted, and therefore report fa­ By Mr. BUTLER: A bill (H. R. 8278) granting a pension to Marion vorably on the bill and ask that it do pass, amended, however, by striking out all after the title of the bill and including the word "therefor" preceding the Moody-to the Committee on Invalid Pensions. enacting clause. By Mr. CRISP: A bill (H. R. 8279) to authorize the county of Lau­ Tile amendment reported by the committee to strike out the pre­ rens, in the State of Georgia, to construct a bridge across the Oconee amble was read and agreed to. River at or near Dublin, in said county and Sta.te-to the Committee The bill as amended was laid aside to be reported to the House with on Commeree. the recommendation that it do pass. Also, a bill (H. R. 8280) for the relief of J. W. Belvin-to the Com­ Mr. MORRILL. I move that the committee rise. mittee on Claims. The motion was agreed to. By Mr. CHEADLE: A bill (H. R. 8281) for the relief of Lieut. James The committee accordingly rose; and Mr. RICHARDSON having taken G. W. Hardy-to the Committee on Invalid Pensions. the chair as Speaker p1·o tempore, 1\Ir. DocKERY reported that the Com­ By Mr. GAINES: A bill (H. R. 8282) for the relief of Charles Wind­ mittee of the Whole House, having had under consideration the special sor Hickman-to the Committee on War Claims. order, had directed him to report sundry bills with various recommen­ By Mr. HEARD: A bill (H. R. 8283) for the relief of the legal rep­ dations. resentatives of Robert King-to the Committee on Claims. BILLS PASSED. By Mr. HOOKER: A bill (H. R. 8284) for the relief of the legal Bills of the following titles, reported from the Committee of the Whole representatives of Robert Y. Wood-to the Committee on War Claims. House without amendment, were ordered to be engrossed and read a By 1\fr. RUSK: A bill (H. R. 8285} to remove the political disabilities third time; and being engrossed, they were accordingly read the third of Elliott Johnson-to the Committee on the Judiciary. By Mr. LAIRD: A bill (H. 8286) for the relief of Edward H. time, and passed: R. A bill (H. R. 2806) to increase the pension of James Woody; Leib-to the Committee on Military Affairs. A bill (H. R. 5228) granting a pension to Clara M. Flanders; By Mr. McKINLEY: A bill (H. R. 8287) granting a pension to Sarah A bill (H. R. 3849) granting a pension to Mrs. Martha M. Bagley; Reese-to the Committee on Invalid Pensions. A bill (H. R. 459) for the relief of Elvira Cooper; By Mr. NELSON: A bill (H. R. 8288) granting a pension to Robert A bill (H. R. 122) for the relief of Julia A. Darrell; L. Martin-to the Committee on Invalid Pensions. A bill (H. R. 893) granting a pension to Julia Stokes; By Mr. O'DONNELL: A bill (H. R. 8289) granting a pension to A bill (H. R. 421) granting a pension to Rufus Squire; James Austin-to the Committee on Invalid Pensions. A bill (H. R. 499) granting a pension to Catharine Jtlaxwell; By Mr. PIDCOCK: A bill (H. R. 8290) for the relief of Henry Lane­ A bill (H. R. 5236) granting an increase of pension to Mary K. Taylor; to the Committee on Military Affairs. A bill (H. R. 5844) to increase the pension of William Clark; By 1\fr. PLUMB: A bill (H. R. 8291) granting a pension to Julia A bill (H. R. 4655) granting a pension to Mary J. Francis; Welch-to the Committee on Invalid Pensions. A bill (H. R. 416) granting a pension to Thomas H. Aulls; By Mr. SENEY: A bill (H. R. 8292) granting a pension to RobertS. A bill (H. R. 1071) granting a pension to John Hancock; Powers-to the Committee on Invalid Pensions. A bill (H. R. 6908) granting a pension to William P. Witt; Also, a bill (H. R. 8293) granting a pension to Jacob Hayman-to A bill (H. R. 97) granting a pension to-Ida B. Linthicum; the Committee on Invalid Pensions. A bill (H. R. 782) granting a pension to Marble H. Baird; . By Mr. SNYDER: A bill (H. R. 8294) granting an increase of pen­ A bill (H. R. 4102) granting a pension to Mary A. Carr; siOn to Capt. Cecil Clay-to the Committee on Invalid Pensions. A bill (H. R. 3183) for the relief of Kelsey Curtis; By Mr. SOWDEN: A bill (H. R 8295) for the relief of Isaae A. A bill (H. R. 509) granting a pension to James A. Haley; and Kase-to the Committee on Military Affairs. A bill (H. R. 5911) granting a pension to Elizabeth J. Hascall. Also, a bill (H. R.. 8296) granting a pension to Jacob D. Johnson­ Amendments to bills of the following titles were severally agreed to to the Committee on Invalid Pensions. aud the bills as amended were severally ordered to be eno-rossed and Also, a bill (H. R. 8297) granting an increase of pension to Edward re~d ~.third time; and being engrossed, they were severally read the W. Horn-to the Committee on Invalid Pensions. third t1me, and passed: By 1\fr. E. B. TAYLOR: A bill (H. R. 8298) granting a pension to A bill (H. R. 150) granting an increase of pension to Henry B. Shaw· Charles 0. Wright-to the Committee on Invalid Pensions. A bill (H. R. 2456) for the relief of Judith Plummer; ' By Mr. G. M. THOMAS: A bill (H. R. 8299) for the relief of Will­ A bill (H. R. 2662) for the relief of Mary M:. Strong; iam M. Dayton-to the Committee on Invalid Pensions. A bill (H. R. 2663) for the relief of Alonzo Alden; · B,v 1\ir. 0. B. THOMAS: A bill (H. R. 8300) for the relief of George A bill (H. R. 2805) granting a pension to Martha F. Woodrum H.l\fellen, deceased-to the Committee on War Claims. widow of James Woodrum, deceased; ' . By Mr. WALKER: A bill (H. R. 8301) granting anincrease of pen­ A bill (H. R. 407) granting a pension to G. W. Burkhart; siOn to Thomas B. Freeman-to the Committee on Invalid Pensions. A b~l (H. R. 2491) granting a pension to John Bisbey; By Mr. WHEELER: A bill (H. R. 8302) for the relief of Claiborn A bill (H. R. 2077) to place on the pension-roll thenameof William Evans-to the Committee on War Claims. S. Sims: B~ Mr. WILLIAM WHITING: A bill (H. R. 8303) granting :a A bill (H. R. 159) granting a pension to Jane Thomas; pensiOn to George W. Howe-to the· Committee on Invalid Pensions. A bill (H. R. 754) to increase the pension of Mrs. Eliza B. Anderson· By l\1r. LAFFOON: A bill (H. R. 8304) granting a pension to John A bill (H. R. 5247) granting a pension to William H. Brimmer ' W. McClrmahan-to the Committee on Invalid Pensions. A bill (H. R. 2177) granting a pension to Mahala Robbins· ' Also, a bill (H. R. 8305) for the relief ofthe heirs of RobertS. Thomp­ A bill (H. R. 3488) granting a pension to Mary Dull; and' son, deceased-tc the Committee on War Claims. A hill (H. R. 5829) for the relief of Joseph Driskill. By Mr. RUSK: A bill (H. R. 8306) for the relief of Fink Brother & Co.-to the Committee on Ways and Means. ' THOMAS JORDAN. By Mr. McCREARY: A bill (H. R. 8307) for the relief of John T. The bill (H. R. 6946) for the relief of Thomas Jordan, reported from Higgins-to the Committee on Claims. the Committee of the Whole on the Private Calendar, was ordered to be engrossed and read a third time; and being engrosseds it was ac­ cordingly read the third time, and passed (two-third, voting in favor PETITIONS, ETC. thereof). The following 'petitions and papers were laid on the Clerk's desk Ur. MORRILL moved.to reconsider the votes by which the bills were under the rule, and referred as follows: ' passed; and also moved that the motion to reconsider be laid on the By Mr. ABBOTT: Petition of citizens of Dallas, Mineola Quero table. Jefferson, and New Braunfels, Tex., fur the removal of duty ~n salt_: The latter motion was agreed to. to the Committee on Ways and Means. And then, on motion of Mr. MOimru. (at 9 o'clock and 45 minutes By Mr. BANKHEAD: PetitionofP. M. West, heir ofWilliam West p. m.), the House adjourned. of Winston County, Alabama, for reference of his claim to the Court of Claims-to the Committee on War Claims. PRIVATE BILLS AND JOINT RESOLUTIONS INTRODUCED AND RE­ By Mr. BARNES: Petition of citizens of Augusta, Ga., for aid for a FERRED. national exposition for colored people at Auo-usta Ga.-to the Com- Under the rule private bills and joint resolutions of the following mittee on Appropriations. o ' titles were introduced and referred as indicated below: By Mr. BAYNE: Resolutions of Bishop Lodge, No. 38, of Royal By Mr. BINGHA~1: A bill (H. R. 8274) for the relief of Henry C. Lodge, No. 34, and of Keystone Lodge, No. 46, of Pennsylvania, against Kerr-to the Comrmttee on War Claims. any legislation that would tend to cripple the industries of this coun­ By Mr. C. R. BRECKINRIDGE, A bill (H. R. 8275) for the relief try-to the Committee on Ways and Means. of J. J. Evans, A. G. Wilson, and James Boyd trustees-to the Com- By Mr. BINGHAM: Petition of Star of the Union Council No. 77 "llittee on War Claims. ' and of Harmony Council, No. 53, Junior Order of United American Me: XIX-121

' 1922 . CONGRESSIONAL RECORD-==-HOUSE. MARCH 9,

cbanics, of Philadelphia., Pa., to declare Washington's birthday alegal Also, papers in the claim of Melchisedec Robinson,. of B~nton County, national holiday-to the Committee on the Judiciary. Mississippi-to the Committee on War. Claims. Also, petition of Sophie B. Linn, executrix of Henry Williamson, late By Jl;l.r. MOR E: Petition of citizens of Essex County, Massachusetts, of Jacksonville, Fla., forpaymentofhiswar claim-tothe Committee relative to the tariff on wool-to the Committee on Ways and Means. on War Claims. By Mr. NEAL: Petition of citizens of Polk, Bradley, 1\lc linn, and By :Mr. BOOTHMAN: Petition of David Bashare, of Company K, 1\feigs Counties, Tenne ee, aslring that $25,000 be appropriateu for im­ One hundred and forty-first Regiment Ohio National Guards, Volun­ proving the navi~ation of the Hiawassee Uiver-to the Committee on t~ers, for a pension-to the Committee on Invalid Pensions. Rivers and Harbors. By Mr. BOWDEN: Petition of M. Glennan and others, of Norfolk, By .Mr. PLilliB: Petitionof Julia Welch, widowof JamesH.Welch, Va., in support of bill classifying and fixing salaries of post-office em­ of Company A, Twelfth Regiment Illinois Volunteers, for a pension­ ployes-to the Committee on the Post-Office and Post-Roads. to the Committee on Invalid Pensions. By Mr. BUTLER: Petition of J. Murphey Bewley, of Hamblen By Mr. POST: Resolutions of the Peoria (IlL) Board of Trade, for the County, Tennessee, for reference of his claim to the Court of Claims­ establishment by the Government of a chea.p and efficient telegraph to the Committee on War Claims. sen-ice open to all without discrimination-to the Committee on the By Mr. BUTTERWORTH: Petition of George A. Bowen and a large Po ·t-Office and Post.-Roads. number of others, ~mployed as producers of stained glass, etc., of Cin­ By Mr. RICHARDSON: Petition of L. P. Black, of administrator d cinnati, Ohio, that the duty on certain articles be not reduced-to the J. f. Hicks, and of administrator of Benjamin Batey, of Rutherford Committee on Ways and Means. County, Tennessee, for reference of their claim to the Court of Claims­ By Mr. J. E. CAMPBELL: Petition agai:nstthe removal of internal­ to the Committee on War Claims. revenue tax: on cigars-to the Committee on Ways and Means. Also, petition of Joseph Ramsey, of Marshall County, Tennessee, for By Mr. CARUTH: Petition of Samuel Felam, late postmaster at Hop­ reference of his claim to the Court of Cbims-to the Committee on War kinsville, Ky., for relief-to the Committee on thePost-OfficeandPost­ Claims. Roads. By Mr. ROWELL: Petition of cigar-makers and other citizens of Lin­ By Mr. CASWELL: Memorial of 136 busin~ men of Racine, Wis., coln, Ill., against repeal of intemal-re>enue tax on cigars-to the Com­ for the improvement of their harbor-to the Committee on Rivers and mittee on Ways and Mean . Harbors. Also, petition of :-ro officers and soldiers of the late war, for additional By Mr. CLElfENTS: Papers in the claim of William White, of Ab­ bounty-to the Committee on War Claims. ner Worthy, of David R. :(mmsey, of John Smith, of Henry A. Sims, By Mr. RUSK: Petition of the Woman's Christian Temperance Uniou and of Samuel P. ·woods, of Chattooga County; of James M. Foster, of of Maryland, for the repeal of the internal-revenue tax on all alcoholic Cobb County; of George R. Ward, of Floyd County; of Benjamin W. liquors-to the CommHtee on Ways and Means. Partin, of Paulding County; of Alexander Vaughan, of De Kalb County, AI o, petition for the increase of the pension of M. R. Colony-to the and of William P. Ramsey, of Walker County, Georgia-to the Com­ Committee on Invalid Pensions. mittee on War Claims. Also, papers toaccompanyHouse billforreliefofFink Bros.-tothe Also, petition of 12 citizens, of Rome, Ga., against the reduction of Committee on Ways and lUeans. the duty on marble-to the Committee on Ways and Means. By l\1r. SCITLL: Petition of Benj. F. Kinsey, for a pension-to the By Mr. FUNSTON: Petition for the relief of prisoners of the late Committee on Invalid Pen ions. war-to the Committee on Invalid Pen ions. By Mr. SENEY: Petition of Ja ob Hayman, Company F, One hun­ By Mr. HAUGE...~: Petition of citizens of the District of Columbia, dred and twenty-third Regiment Ohio Volunteers, and of Robert S. for the establishment of a court of international arbitration-to the Powers, Comp:.wy B Twenty-eighth Pennsylvania Volunteers, for pen­ Committee on Foreign Affairs. sions-to the Committee on Invalid Pensions. By Mr. D. B. HENDERSON: Petition of citizens of Waterloo, Iowa, By Mr. Sil\Il\fO.NS: A bill for the survey of that part of Trent River, favoring the Haddock bill-to the Committee on Public Buildings and in North Carolina, from the town of Trenton to the Upper Free Bridge, Grounds. on said river-to the Committee on Rivers and Harbors. By M:r. HOLMAN: Remonstrance of 600 citizens of Elbert County, Byl\11·. SOWDEN: Petitions of JacobJohnsonandEdward W. Horn, Colorado, praying that said county sha.ll not be made a part of the pro­ for pension -to the Committee on Invalid Pensions. posed Akron land district, and that it shall be left in the land districts Also, petition of Isaac A. Karl, for removal of charge of desertion­ of which it is now a part-to the Committee on the Public Lands. to the Committee on 1\Iilitary Affairs. Also, petition of Pomona Grange, No. 22, of Jefferson County, In­ By Mr. J. W. STEWART: Petition of R. D. Hedden and 69 others, diana, for a just tariff, and other reforms-to the Committee on Ways citizens of Addison County, Vermont, for the more effectual protec­ and .Means. tion of agriculture-to the Committee on Ways and Ueans. By Mr. A. J. HOPKINS: Petition of S. E. Weld arid others, of Elgin, By Mr. STONE, of Kentucky: Papers in the case of RobertA. John­ TIL, for a Government system of telegraphy-to the Committee on the son-to the Committee ou War Claims. Po t-Office a11d Post-Roads. By l\1r. SYMES: Petition for the establishment of a postal telegraph­ Also, petition of David A. Syme and other citizens of the Fifth dis­ to the Committee on the Po··t-Office and Pot-Roads. trict of Illinois, to place tin-plate on the free-list-to the Committee on .A lso, petition for the establishmentof a land office at Boston, Colo.­ Ways and l\fenns. to the Committee on the Public Lands. By Mr. JACKSON: Additional evidence in the case of George Has­ Also, petition of the Board of Trade of Glenwood Springs, Colo., for kin, for relief-to the Committee on Military Affairs. · an appropriation for reservoirs-to the Committee ou Agriculture. By 1\:lr. LAIRD: Petition of citizens of Dundy, Frontier, and Red Also, petition for the maintenance of the present tariff on wool-to Willow Counties, Nebra ka, for a term of the United States court at the Committee on Ways and Means. . :Mc()ook, Nebr.-to the Committee on the Judiciary. By Mr. E. B. TAYLOR: Petition of Charles 0. Wright, Company E, Hy 1\Ir. LAFFOON: Petition of :i\fordecai Agin, of Union County, One hundred and seventy-first Regiment Ohio Volunteers, for a pen­ Kentucky, ior I"eference of his claim to the Court of Claims-to the sion-to the Committee on Invalid Pensions. Committee on War Claims. By 1\Ir. G. hi. THOMAS: Petition of William M. Dayten, to accom~ Also, papers in the claim of RobertS. Thompson-to the Committee pany bill for his relief-to the Committee on In-valid Pensions. on War Claims. By Mr. WASHINGTON: Petition of F. W. Horn, guardian of estate Also, papers in the case of John W. McClanahan-to the Committee of H. C. Singleton, of Davidson County, Tennessee, fo-r reference of his on Invalid Pensions. claim to the Court of Claims-to the Committee on War Claims. By Mr. LEHLB.A.CH: Resolution of the New Jersey State Board of By Mr. WEAVER: Petition of J. W. Breidenthal, of Chetopa, Agriculture, concerning reduction of postal rates-to the Committee Kans., and 1,228 other citizens of Labette County, Kansas, for a Terri­ on the Post-Office and Post-Roads. torial government for Indian Territory, and to open the land to w bite By .Mr. McCOR)1ICK: Petition of sundry citizens of Tioga County, settlement-to the Committee on the Territories. Pennsylvania, against removing the duty on window-glass-to the By 1\Ir. WHEELER: PetitionofAbsalomDolbeny; ofFrancesCollins Committee on Ways and Means. and others, heirs of Joseph A. Martin, and of Andrew J. Huggins, of By !Hr. McCULLOGH: Petition of Joseph Oates and others, of Will­ Jackson County; of Rachael Manning and of James Ballard, of Madi­ iam Paden and other , of F. L. Stough and others, of John Deney and son County; of A. C. Barton, and of Willis C. .Rea, executor of Andrew other, of H. S. Wea>er and others, and of Henry A. Dunn and oth­ B. Rea, of Colbert County; of George W. Barnett of Lauderdale County; ers, citizens of Westmoreland County, Pennsylvania, prote ting against of Jesse Blankenship, of Lawrence County; of Daniel Sever, ofFrank~ . any reduction of the tariff on gas coal-to the Committee on W n.ys and lin County, and of Lovil Legg, of Lime tone County, .Alabama, for Means. reference of their claims to the Court of Claims-to the Committee on By. Mr. McKINLEY: Petition of Sarah Reese, mother of Andrew War Claims. Reese, Company C, Eightieth Regiment Ohio Volunteers, for pension­ By Mr. J. B. WHITE: Petitionofcigar-makersofFortWayne, Ind., to the Committee on Invalid Pensions. prowting against the repeal of the internal-revenue tax on cigars and By Mr. MORGAN: PetitionofPrice Djckens, of Panola County, and cheroots-tO the Committee on Ways and Means. of S::u-ah A. R. West, of La Fayette County, Mississippi, for reference By Mr. WILLIAM WHITING: PetitionofcitizensofWare, Mass., re· o.t their claims to the CourtofClaims-totheCommitteeon War Claims. latingtodutiesonsundryarticles-tot.l;leCommitteeon WaysandMeaxu!.

·. MARon 10, CONGRESSIONAL RECORD-HOUSE. 1923.

' Also, petition of citizens of Southampton, ~ass., for more effectual relative to claims under the pending bill for the adjustment of accounts pl'Otection of ~OTiculture-to the Committee on Agriculture. under the eight-hour law; which was referred to the Committee on Labor. The following petitions for an increase of compensation of fourth-class FINDINGS, COURT OF CLAIMS. postmasters were severally referred to the Committee on the Post-Office The SPEAKER pro tempm·e also laid before the House a letter from and Post-Roads: the assistant clerk of the Court of Claims, transmitting copy of findings By M.r. HEMPHILL: Of S. N. McConnell and 28 others, of Lowery­ of fact in the case of Franklin Low and Charles F. Dunbar vs. The ville, S.C. United States, which was referred to the Committee on Claims; and By Mr. HOUK: Of citizens of Kansas. Tenn. also letters transmitting copies of findings offact in the following cases By Mr. RICHARDSON: Of C. Coleman and 75 others, citizens of vs. The United States~ namely: R. T. Coles, administrator; Emmett F. Lincoln County, Tennessee. Parham; Ja.mes Bowens, administrator; CharlotteL. Drain and Frances P. Drain, administratrices; C. L. Thomas, administrator; James H. The following petitions, indorsing the per diem rated service-pension Stafford, and Aaron L. H. Crenshaw; which were referred to the ()om­ bill, based on the principle of paying all soldiers, sailors, and marines of mittee on War Claims. the late war a monthly pension of 1 cent a day for each day they were REFERENCE OF SENATE BILL. in the service, were severally referred to the Committee on Invalid The SPEAKER pro tempore also laid before the House a bill (S. 181) Pensions: granting pensions to ex-soldiers and sailors who are incapacitated from By Mr. J. A. ANDERSON: Of 30 citizens of Clay County and of the performance of manual labor, and providing for pensions to depend­ 30 citizens of Vermillion, Marshall County, Kansas. ent relatives of deceased soldiers and sailors; which was read a fustand Also, of citizens of Solomon City and of Industry, Clay County, Kan­ second time, referred to the Committee on Invalid Pensions, and ordered sas. to be printed. By Mr. JEHU BAKER: Of J. M. Snow, G. W. Grigg, sr., and 12 LEAVE OF .A.DSENCE. others, and of John F. File, Wyman Davis, and 6 others, ex-soldiers of By unanimous consent, leave of absence was granted to Mr. YARD­ the Union Army. LEY for three days, and to Mr. NEWTON for three days, both on ac­ By Mr. CONGER: Of 49 soldiers of Durham, and of soldiers of Colo, count ofimportant business. Iowa. By Mr. FISHER: Of soldiers and sailors of Milo Warner Post, No. LEAVE TO PRINT. 232. By unanimous consent, leave was granted to Mr. RICHARDSON to By Mr. HOVEY: Of Benjamin F. Roadruck and 29 others, of Mo­ print in the RECORD certain remarks on House bill No. 2952, for the rocco, Ind. allowance of certain claims for stores and supplies taken and used by By Mr. LAIRD: Sixteen petitions of citizens and ex-soldiers of Ne­ the United States Army, etc., in addition to remarks by him on said braska. bill on the 2d of March and 24th of February. (See Appendix.] By Mr. LYMAN: Of 50 citizens of Woodbine, Iowa. WILLIAM P. GORSUCH. By M.r. McCULLOGH: Of 1\f. S. Tarn and others, citizens of West­ moreland County; and of Joseph UcCormack and 35 others, and of Mr. SH.A. W. 1\u. Speaker, I ask unanimous consent to discharge the Edward Dunn and 14 others, citizens of Fayette County, Pennsylvania. Committee of the Whole House from the further con...c:ideration of the By Mr. MORRILL: Of Lemuel Gardn·er and 23 others, ex-soldiers bill (H. R. 3727) for the relief of William P. Gorsuch, and put it upon of the United States. its passa.ge. By ~ir. NUTTING: Of James Barnes and 4 other Union soldiers of The SPEAKER pro tempore. The bill will be read, subject to objec­ New York. tion. Also, of Enos T. Pinem and 54 others, of New York. The bill is as follows: By Mr. O'DONNELL: Resolutions of the executive committee of Be it ena-cted, etc., That the Secretary of the Treasury be, and he is hereby, di­ rected to pay \Villiam P. Gorsuch,of Carroll County, Maryland. outofanymoney the Grand Army of the Republic Association of Southeastern Michigan. in the Treasury not otherwise appropriated, the sum of S300, the~mount paid By Mr. ROWELL: Of 36 ex-soldiers -of Saybrook, Ill. by him for commutation, he having been drafted into the military service of By Mr. E. B. TAYLOR: Of 48 ex-soldiers of Ashtabula County, Ohio. the United States after he had arrived at the age of forty-five years. Also, of ex-soldiers of Ashtabula County, and of ex-soldiers of Pier- There being no objection, the bill was considered, and ordered to be pont, Ohi.p. engrossed and read a third time; and being engrossed, was accordingly By Mr. J. B. WffiTE: Of soldiers of Steuben County, Indiana. read the third time, and passed. Mr. SHAW moved to reconsider the vote by which the bill was The following petitions, praying for the enactment of a law provid­ passed; and also moved that the motion to reconsider be laid on the ing temporary aid for common schools, to be disbursed on the basis of table. illiteracy, were severally referred to the Committee on Education: The latter motion was agreed to. By Mr. LAIRD: of 203 citizens of Fillmore County, Nebraska. WILLIAM BLISS. By Mr. PATTON: Of189 citizens of Mifilin County, Pennsylvania. Mr. LAIDLA. W. Mr. Speaker, I ask unanimous consent to discharge By Mr. ~OWELL: Of 102 citizens of McLean County, Illinois. By Mr. J. W. STEWART: Of Homer Eaton and 219 others, citizens the Committee of the Whole House from the further consideration of of Chittenden County, Vermont. the bill (H. R. 5382) to grant relief to William Bliss, and put it upon its passage. The SPEAKER pro tempore. The bill will be read, subject to objec­ tion. HOUSE OF REPRESENTATIVES. The bill is as follows: Be it enacted, etc.( That the Secretary of the Treasuryisherebyauthorized and SATURDAY, March 10, 1888. directed to pay to William Bliss the sum of $3,400, damages for the destruction of his farm buildings and personal property in and about the same, situate at Gettysburgh, in the State of Pennsylvania, in the month of July, 1863, by the The House met at 12 o'clock m. Prayer by Rev. Mr. FARRAR, of lawful order of the military officers of the United States in command of the West Troy, N. Y. armies of the United States at the battle of Gettysburgh, in order to facilitate The Journal of !esterday's proceedings was read and approved. military operations in said battle. ·

1\ITLITARY PRISO~, FORT LEAVENWORTH. Mr. BROWNE, of Indiana. Let the report in that case be read. The report was read at length. The SPEAKER pro tempore laid before the House a letter from the The SPEAKER pro tempo1·e. Is there objection to the present con­ Secretary of the Treasury, transmitting an estimate from the Secretary sideration of the bill? of War of an appropriation for the support of the military prison at Mr. HOLMAN. Allow me a word. I wish to call attention to the Fort Leavenworth, Kans., for the fiscal year ending June 30, 1889· fact that this involves a most important question, and I trust I may which was referred to the Committee on Appropriations, and ordered be allowed a few words before action is taken upon it. to be printed. Mr. BLAND. Mr. Speaker, I do not know whether the gentleman STE_!ll[-PRESSES, BUREAU OF ENGRAVING AND PRINTING. from Indiana proposes to object to the consideration of the measure or The SPEAKER pro tempore also laid before the House a letter from not. If it is to be considered, however, I hope the House will consider the Secretary of the Treasury, transmitting, in compliance with a reso­ it, and I desire to be heard upon it myself. lution of the House, a report from the Chief of the Bureau of Engrav­ Mr. HOLMAN. I wish t{) call attention to the leading precedents, ing and .Erinting in reference to the use and action of hand and steam and, in fact, the only precedents on this subject. This bill proposes to presses in that Bureau; which was referred to the Committee on Ap­ appropriate money-- propriations, and ordered to be printed. M.r. RYAN. Is it before the House for conslileration? lt1r. HOLMAN. It is not before the House, but I wish to call atten­ CLAIMS UNDER THE EIGHT-HOUR LAW. tion of the Howe to the two leading cases on this subject. One the case The SPEAKER pro tempore also laid before the House a letter from of Dr.-I can not recall at the moment his name-from Paducah, Ky. the Secretary of the Interior, in response to a resolution of the House, . M.r. WARNER. Dr. Best.