1898. OONGRESSIONAL RECORD-HOUSE. '3561

Mr. GALLINGER. . I will say t<> the Senator from Iowa that a of a bridge across the St. Francis River, in Arkansas-a wagon similar bill has passed the Senate four or fi:ve different times, and bridge. It went to the Senat-e and was there amended by chang­ it has passed the House of Representatives once or twice before, ing the name of the parties incorporating the same. I simply ask but not in the same session that it passed the Senate. The House the House now to concur in the Senate amendment. has passed it at this present session, and I hope the Senator will Mr. McEWAN. On the statement of the gentleman from Ar­ not object to it. It has been discussed heretofore very fully. kansas I withdraw the objection. Mr. ALLISON. I feel that I must object for the present. The Senate amendment was concurred in. The PRESIDING OFFICER. Being objected to, the bill goes On motion of Mr. .McEWAN, a motion to reconsider the last over. vote was laid on the table. EXECUTIVE SESSION. BRIDGE OVER THE MISSOURI RIVER-cOUNCIL BLUFFS. Mr. GORMAN. I move that the Senate proceed to the oonsid­ eration of executive business. Mr. BENNETT. Mr. Speaker, I ask unanimous consent for The motion was agreed to; and the Senateproceeded to the c~n­ the present consideration of the bill (H. R. 7445) to amend "An sideration of executive business. After two hours and five mm­ act authorizing the construction of a railway, street railway, mo­ utes spent in executive session the doors were reopened, and (at 6 tor, wagon, and pedestrian bridge over the Missomi River, near o'clock and 10 minutes p.m.) the Senate adjourned until to-mor­ Council Bluffs, Iowa, and Omaha, Nebr.," and to extend the time row, Wednesday, April6, 1898, at 12 o'clock meridian. for the completion of the bridge therein provided for. The bill was read, as follows: Be i t enacted, etc., That section 8 of the act entitled "An act authorizing the cunstruction of a railway, street-railway, motor, wagon, and pedestrian CONFIRMATIONS. bridge _over the Missouri RiverJ. near Council Bluffs, Iowa, and Omah8., .Nebr.," be amended to read aa follows: Executive nominations confirmed by the Senate .Apr-il5, 1898, " SEc. 8. That this act shall be null and void if construction of said bridge shall not be commenced on or before the 1st day of J a.nuary, 1892, and be com­ APPOINTMENTS IN THE NAVY, pleted on or before the 1st day of July, 1900: Provided, That the navigation or the Missolll'i River shall not be obstructed by false works during the con· Luther Elwood Gregory, a citizen of New York, to be a civil struction of the bridge." engineer. Edward Vanderpoel Armstrong, a citizen of New York, and The Committee on Interstate and Foreign Commerce recom· William Henry Bucher, a citizen of Pennsylvania, to be assistant mend the adoption of the following amendments: surgeons. Add in line 6, after the word "Nebraska.," the words "as amended by an act POSTMASTERS. approved January 28, 1893." Insert after the word .. bridge," in line 5, on page 2 the words: S. H. Jumper, to be postmaster at Aberdeen, in the county of ".Andprovidedjurthe'i, That such guide piers or dikes as may be required by the Secretary of War for the maintenance of a safe channel through the Brown and State of South Dakota. draw spaces as they are arranged, pending the construction of the permanent William L. Buford, to be postmaster at Nicholasville, in the bridge, shall be at once built and maintained until they shall be no longer county of Jessamine and State of Kentucky. necessary." ,- George G. Clifford, to be postmaster at San Antonio, in the county of Bexar and State of Texas. Mr. McEWAN. I reserve the right of objection, Mr. Speaker. Probably the gentleman can give an explanation that will satisfy me. I would be very glad to know how long this extension of time is given. There ought to be some limit upon the time when HOUSE OF REPRESENTATIVES. this bridge is to be built. Mr. BENNETT. I will yield to the gentleman from Nebraska TUESDAY, .April 5, 1898. rMr. MERcER], who is able to inform the gentleman as to the £acts. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Mr. MERCER. I desire to say to the gentleman from New HENRY N. COUDEN. Jersey that this bridge has been oonstrncted for some time, but The Journal of the proceedings of yesterday was read and ap­ three of the approaches to the bridge are temporary. It has been proved. found impossible to complete the bridge as originally planned be­ Mr. BRUMM. Mr. Speaker, I demand the regular order. cause of the changes in the channel of the Missouri River. The BRIDGE ACROSS THE ST. FRANCIS RIVER, ARKANSAS. bill now before the House, as amended by the suggestions of the War Department, will give these people an opportunity to con­ Mr. McCULLOCH. Mr. Speaker, I desire to ask unanimous struct the bridge permanently as originally planned, and this ex:· consent to take up and cbnsider at this time the Senate amend­ tension of time should be given. , ment to the bill (H. R. 5030) to authorize the construction of a. Mr.-McEWAN. What is the extension of time? bridge across the St. Francis River, in the State of Arkansas. Mr. MERCER. This provides that the bridge shall be com· Mr. BRUMM. Mr. Speaker, I have asked for the regular order. pleted on or before' the 1st day of July, 1903. The SPEAKER. The Chair desires to say to the House that Mr. McEWAN. That is to say, there is an extension of five . there are a number of bills for which unanimous consent is re­ years given. quested, and to which there is no opposition, like bridge bills, in Mr. MERCER. There are, I will repeat to the gentleman, a certain sense merely formal matters, formal action only being three temporary spans in this bridge, which were constructed to demanded of them, and the Chair would like to have an oppor­ meet conditions then existing, and to give the company time to tunity to dispose of some of these. Of course this is subject to complete the carrying out of their original plan. The navigation the objection of any member. of the river is, in reality, no more obstructed by these three tem­ Mr. BRUMM. I shall not object to any bridge bills which may porary spans than it would have been had the whole bridge been be presented for consideration at this time, but will make objec- completed according to the original plans. tion to others. . Mr. McEWAN. I do not think the bill provides in effect what Mr. McCULLOCH. I desire to ask unanimous consent to adopt the gentleman suggests. the Senate amendment to the bill to which I have justreferred. Mr. MERCER. Oh, yes; it does. The SPEAKER. The Senate amendment will be read, if there Mr. McEWAN. If so, I will withdraw the objection. be no objection. Mr. MERCER. This bill provides that the company may go on There wa.s no objection. and make the permanent structure as originally intended. The Senate amendment was read at length. :Mr. McEWAN. Then I will withdraw, if there is a time limit. Mr. McEWAN. Does this, Mr. Speaker, cut off the right of Mr. M.ERCER. There is a time limit. objection? The SPEAKER. Objection is withdrawn. Is there further The SPEAKER. The gentleman can not reserve the right of objection to the bill? · objection while the bill is passing. This bill is now on its passage, as there was practically no objection to its oonsideration. Does There was no objection. the gentleman desire an explanation? The amendments recommended by the Committee on Interstate Mr. McEWAN. . I do. and Foreign Commerce were agreed f<>. The SPEAKER. The gentleman from New Jersey desires an The bill as amended was ordered to be engrossed and read a third explanation of the bill. time; and it was accordingly read the third time, and passed. Mr. McEW.AN. I reserve all the rights to which I am entitled On motion of Mr. BENNETT, a motion to reconsider the last until I have had an explanation as to the bill. · vote was laid on the table. Mr. McCULLOCH. This bill, I will state to the gentleman, The SPEAKER. The Chair desires that all requests for recog• passed the House some weeks ago and authorized the construction nition at this time be oonfined to bridge bills. 3562 CONGRESSIONAL REOORD-HOUSE. APRII.r5,

~ BRIDGE ACROSS THE LOGGY BAYOU, IN LOUISIANA. The joint resolution was read, as follows: Mr. OGDEN. Mr. Speaker, I ask unanimous consent for the Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he fs present consideration of the bill (S. 3056) authorizing the Shreve­ hereby, requested to submit detailed estimates from information now on file port and Red River Valley Railway Company to construct and of the costs for the proposed dredging and improvement of Humboldt Har· maintain a bridge across the Loggy Bayou, in Louisiana. bor, California, as contemplated by the river a.nd harbor act of June 3,1896, and by the report of Cassms E. Gillette, captain of engineers, submitted to The bill was read. It provides that the Shreveport and Red Congress in the report of the Chief of Engineers. River Valley Railway Company, a corporation created and exist­ ing under and by virtue of the laws of the State of Louisiana, be, Mr. BRUMM. Mr. Speaker, I shall have to object to the con· and is hereby, authorized to construct and maintain a bridge sideration of that resolution. across Loggy Bayou, in the State of Louisiana, at such point suit­ The SPEAKER. Objection is made. able to the interests of navigation as may hereafter be selected Mr. BARHAM. I hope the gentleman will not do that. by said railway company for crossing said bayou with its railroad Mr. BRUMM. I can not help it. I am asked al1 around to line. allow consideration of the same kind of thing. I ask for the reg­ The SPEAKER. The Chair understands that the engrossed ular order. copy of the Senate bill is not here. ISABELLA. G. DANIELS. Mr. OGDEN. Then I move to substitute the House bill, which The SPEAKER laid beforetheHousethe bill (H.R. 6211) gran~ is identical. ing an increase of pension to Isabella G. Daniels, widow of Mil· The SPEAKER. That will not help the gentleman in a parlia­ ton T. Daniels, with Senate amendments thereto. mentai-y point of view at all. The Senate bill has been sent for, The Senate amendments were read. and probably will be here in a very short time. Mr. RAY of New York. Mr. Speaker, I move to concur in the Subseqllfmtly, Senate amendments. The SPEAKER said: The bill which was presented by the gen­ The motion was agreed to. tleman from Louisiana has been received. The bill having been rearl, is there objection to its present consideration? HANNAH LETCHER STEVENSON. There was no objection. The next business reported from the Speaker's table was the The bill was ordered to a third reading; and it was accordingly bill (S. 439) granting a ~ension to Mrs. Hannah Letcher Stevenson, read the third time, and passed. widow of the late Bng. Gen. John D. Stevenson, with House On motion of Mr. OGDEN, a motion to reconsider the last vote amendments disagreed to by the Senate, the Senate requesting a was laid on the table. conference. ROUGE RIVER, MICHIGAN. Mr. RAY of New York. Mr. Speaker, the House amended that bill and it was sent to the Senate as amended, and they do not Mr. SPALDING. Mr. Speaker, I ask unanimous consent for agree to the amendments and have requested, as I understand, a the present consideration of the joint resolution (S. R. 105) rela-1 conference. I move that the House agree to the conference re- tive to the appropriation for the Rouge River, Michigan. quested by the Senate. . The joint resolution was read, as follows: The motion was agreed to. Resolved by the Senate and House of Representatives of the United States of The SPEAKER appointed as conferees Mr. RAY of New York, .America in Congress assembled, That the Secretary of War be; and be is Mr. Grnso~, and Mr. DRIGGS. hereby, authorized and directed to cause tha Rouge River, Michigan, to be dredged between the Wabash Bridge to Maples Road, with the view of ob- JOHN P. THOMAS. taining a 13-foot channel (in accordance with the letter of G. J. Lydecker, b . fr , . lieutenant·colonel, Corps of Engineers, dated November 20, 1897), at an ex.- The next usme~s repot:ted . om the Sp~aker s table was the bill pense not to exceed $5,000, to be paid out of the appropriation already avail- (H. R. 164) granting an mcrease of pension to John P. Thomas, able for the improvement of that stream. . with Senate amendments. Mr. BRUMM. I reserve the right to object to that. Mr. RAY of New York. Mr. Speaker, I have tried to find the The SPEAKER. The light to object is reserved in all these gentleman from Oregon [Mr. ELLIS] who introduced that bill cases. The Chair will see that the House has an opportunity to and who is interested in it, in order to know what his desires are, make objection if it desires. Is there objection to the present but I can not find him. At the present time he is engaged in com· consideration of the resolution? mittee, and if it is proper, I ask that the bill be passed by for the There was no objection. present. The joint resolution was ordered to a third reading; and it was The SPEAKER. It would require unanimous consent for the accordingly read the third time! and passed. bill to be passed by. On motion of Mr. SPALDING, a motion to reconsider the last Mr. RAY of New York. I ask unanimous consent that it be vote was laid on the table. passed by. The SPEAKER. Is there objection to the request of the gen. SURVEY OF CHARLESTO~ HARBOR. tleman from New York, that the bill remain on the Speaker's table? [After a pause.] The Chair hears none. Mr. ELLIOTT. Mr. Speaker, I ask unanimous-consent for the present consideration of the concurrent resolution which I send ELWIN A.. SCUTT. to the Clerk's desk. The concurrent resolution was read, as follows: The next business reported from the Speaker's table was the bill (H. R. 2246) to increase the pension of Elwin A. Scutt, with an Resolved by the House of Representatives (the Senate concurring), That the Secretary of War be, and is hereby, requested to furnish the House of amendment to strike out, in line 8, the words "twenty-four" and Representatives, at th~ earliest time practicable, such information ashe may insert " sixteen." have regarding the ppssibllity of providing deeper draft at the entr~nce into Mr. RAY of New York. I move.toconcurin the Senate amend• Charleston Harbor than is contemplated by the approved project for the im· :provement by jetties of the entrance to that harbor; and that be be requested ment. further to submit a plan and estimate of the cost of securing a depth of not The question was taken; and the Senate amendment was con· less than 26 feet at low water from the ocean to deep water inside the harbor. curredm. Mr. ELLIOTT. Mr. Speaker, I propose to offer an amendment CORA L. ROBINSON, to that resolution. The next business 1·eported from the Speaker's table was the bill The SPEAKER. The gentleman proposes an amendment, which (H. R. 6007) for the relief of Cora L. Robinson, of Centralia, will be reported by the Clerk. . Kans., with a Senate amendment to the title, so as to read: "An The amendment was read, as follows: act for the relief of Cora L. Robinson." Insert in line 11, after the word "harbor," the words "and to report his Mr. BRODERICK. Imovetoconcurin theSenateamendment. opinion as to the advisability thereof." The motion was agreed to; and the Senate amendment was con· curred in. The SPEAKER. Is there objection to the present considera- tion of the resolution as amended? LAURA A. BARRY. There was no objection. The next business reported from the Speaker's table was the bill The amendment of Mr. ELLIOTT was agreed to. (H. R. 5965) granting a pension to Laura A. Barry, as widow of The concurrent resolution as amended was agreed to. Charles W. Barry, late private, Company B, One hundred and On motion of Mr. ELLIOTT, a motion to reconsider the last eighth New York Volunteer Infantry, with a Senate amendment vote was laid on the table. to the title, so as to read: "An act granting a pension to Laura A. Barry." HUMBOLDT HARBOR, CALIFORNIA, Mr. RAY of New York. I movetocoficurin the Senate amend· Mr. BARHAM. Mr. Speaker, I ask unanimous consent for the ment. · present consideration of Ho.use joint resolution 119, for the im­ The motion was agreed to; and the Senate amendment was con· provement of Humboldt Harbor, California. · curred in. 1898. CONGRESSIONAL RECORD-HOUSE. 3563

JEROME A, STANTON, Mr. RAY of New York. Mr. Speaker, I move that the House The next bUBiness reported from the Speaker's table was the concur in the Senate amendments. bill (H. R. 5384) for the relief of Jerome A. Stanton, a scout and The motion was agreed to. master of transportation in the Seventh Corps of the armies of the DANIEL J. SMITH, United States, with an amendment by the Senate to the title, so as The next business reported from the Speaker's table was the bill to read: "An act for the 1·elief of Jerome A. Stanton." (H. R. 5156) granting an increase·of pension to Daniel J. Smith, Mr. RAY of New York. :Mr. Speaker, I move to concur in the with an amendment, in line 4, to strike out the letter "D." and Senate amendment. insert the word " Daniel." The motion was agreed to; and the Senate amendment was con- Mr. McRAE. :Mr. Speaker, I move that the HonBe concur in curred in. the Senate amendment. NANCY HOLLENBANK, The motion was agreed to. The next business reported from the Speaker's table was the bill NICHOLAS GARDNER. (H. R. 4320) granting a pension to Nancy Hollenbank, an army nurse during the war of the rebellion, with Senate amendments The next bUBiness reported from the Speaker's table was the as follows: · bill (H. R. 4183) granting an increase of pension to Nicholas In line 5, after ''Nancy Hollenbank," insert ''an army nurse." Gardner, with the followin~ amendments: In lines 3 and 4 strike Amend the title so as to read: ''An act granting a pension to out "instructed and authoriZed" and insert "authorized and di­ Nancy Hollenbank." rected;" and in line 7, after the word "month," insert ", in lieu of Mr. RAY of New York. Mr. Speaker, I move tocon~ur in the that he is now receiving." Senate amendments. Mr. RAY of New York. Mr. Speaker, I move to concur in the The motion was agreed to. Senate amendments. The motion was agreed to. SAMUEL F. FOWLER, The SPEAKER. Does the gentleman from New York desire The next business reported from the Speaker's table was the bill the bill which the gentleman from Oregon is interested in to still (H. R. 4194) granting an increase of pension to Samuel F. Fowler, lie on the table? formerly private, Company A, First United States Infantry, with Mr. RAY of New York. I do; I do not see the gentleman, and Senate amendment tO the title, so as to read: "An act granting an I desire to confer with him before a motion is made. increase of pension to Samuel F. Fowler." Mr. BRUMM. Mr. Speaker, I move that the House resolve Mr. RAY of New York. I move to concur in the Senate amend­ itself into Committee of the Whole for the purpose of taking up ment. the Private Calendar, and pending that motion, I want to ask The motion was agreed to. unanimous consent to limit debate on the unfinished business. ELLEN J;>AY, The Committee on Claims this morning agreed that we would give an hour on each side for dio;cussion of the unfinished business. The next business reported from the Speaker's table was the Mr. DOCKERY. What is the unfinished business? bill (H. R. 3299) granting a pension to Ellen Day, stepmother of Mr. BRUMM. The Roach bill. ·Albert L. Day, with an amendment tothetitle,so as to read: "An Mr. DOCKERY. Did the minority consent to it? act granting a pension to Ellen Day." Mr. BRUMM. Yes; that is the agreement we made. · Mr. RAY of New York. I move that the House concur in the The SPEAKER. The gentleman from Pennsylvania asks unan­ Senate amendment, Mr. Speaker. imous consent that debate on the unfinished business, on the bill The motion was agreed to. and amendments, be closed in two hours, one hour on each side. JOSEPH P, HARMON, Is there objection? fAfter a pause.] The Chair hears none. The next business reported from the Speaker's table was the The motion of Mr. "BRUMM was agreed to. bill (H. R. 2198) entitled "An act granting an increase of pension Accordingly the House resolved itself into Committee of the to Joseph P. Harmon, late private in Company K, Fifth Maine Whole House for the consideration of reports by the Committee Volunteers, and Company B, Seventh Maine Volunteers," with an on Claims, with Mr. PAYNE in the chair. amendment to the title, so as to read: "An act granting an in­ HEffiS OF JOHN ROACH. crease of pension to Joseph P. Harmon." Mr. RAY of New York. Mr. Speaker, I move that the House The CHAIRMAN. The House is now in Committee of the concur in the Senate amendment. Whole for the ·consideration of bills upon the Private Calendar. The motion was agreed to. The unfinished business is Senate bill1116, to pay the heirs of the late John Roach, deceased, $330,151.42, for labor and material, JAMES J. GffiBS. dockage and detention, and occupation of yards and shops for the The next business reported from the Speaker's table was the bill gunboats Chicago, Boston, and Atlanta. {H.R.1971) entitled "An acttograntapension toJamesJ.Gibbs, By order of the House debate on the bill and amendments is ()f Knox County, Tenn.,"witha Senate amendment to the title, so limited to two hours. as to read: "An act to gt·ant a pension to James J. Gibbs." Mr. DOCKERY. I thought limitation was only to the general Mr. GIBSON. !move to concur in the Senate amendment, Mr. debate, one hom· on each side. · . Speaker. The CHAIRMAN. The Chair understood the proposition as The motion was agreed to. put by the Speaker to be on the bill and amendments. EMILY J, MILLJj:R, Mr. BRUMM. I yield to the gentleman from Missouri [Mr. The next business reported from the Speaker's table was the ROBB]. bill (H. R. 907) granting a pension to Emily J. Miller, blind and The CHAIRMAN. Does the gentleman from Missouri conti·ol helpless child of Robert B. Miller, deceased, late of Company C, the time on the other side? One hundred and ninth New York Volunteer Infantry, with a Mr. ROBB. I control a part of it, I suppose; we shall arrange Senate amendment to the title, so as to read: "An act granting a it among ourselves. pension to Emily J. Miller." The CHAIRMAN. If there is no objection, the gentlemanfrom Mr. RAY of New York. Imovetoconcurin theSenateamend­ Missouri will control the time on the part of the opposition, and ment, Mr. Speaker. the gentleman from Pennsylvania. [Mr. BRUMM] in favor of the The motion was agreed to. bill. There was no objection. SARAH A. DENNY, The next business reported from the Speaker's table was the [Mr. ROBB addressed the committee. See Appendix.] bi~ (H. R. 722) granting an increase of pension to :Mrs. Sarah A. Mr. BRUMM. I yield five minutes to the gentleman from Wis Denny, an army nurse, with a Senate amendment to the title, so consin rMr. MINOR], in favor of the bill. as to read: "An act granting a pension to Mrs. Sarah A. Denny." Mr. 1dl:NOR. Mr. Chairman, the gentleman from Missouri has Mr. RAY of New York. I move that the House concur in the evidently mistaken some of the remarks I made when I had the Senate amendment, Mr. Speaker. floor on this bill before; and I desire to call attention to this, be­ The motion was agreed to. cause our charges for damages to Mr. Roach are based upon this WALTER D. WEAVER. idea, as appears in the report. I will show you what the charge The next business reported from the Speaker's table was the bill was: The compensation paid as wages to this corps of men at the said Morgan (H. R. 5964) granting a pension to Walter D. Weaver, imbecile Iron Works amounted to the sum of $3,721.6! for each month, and for the and dependent son of George M. Weaver, late Company K, One whole time of the unnecessary delay, to wit, January 28,1888, to June 28, 1888, hundred and eighty-fifth New York Volunteer Infantry, with $18,600.20. amendments as follows: In line 5, after the word "imbecile," in­ Mr. ROBB. Will the gentleman allow me a question? sert ''and dependent;" and amend the title so as to read: "An act The CHAIRMAN. Does the gentleman yield to the gentleman granting a pension to Walter D. Weaver." from Missouri? 3564 'CONGRESSIONAL-RECORD-HOUSE. APRIL 5, "--- --

Mr. MINOR. No; I have but five minutes. statement of the actual cost of the proposed iron shafts fo.r the Chicago, Bo&- The CHAffiMAN. The gentleman declines to be interrupted. ton, and Atlanta, and of the present steel shafts to date. Mr. MINOR (continuing)- Very respectfully, E. SIMPSON, The compensation paid as wages to the corps of men at Chester amounted Rear-Admiral, United States Navy, President of the Board. to the sum of $!.061.6Hor each month, and for the whole time ofthe unneces- Hon. W. E. CHANDLER, sary delay, to wit, May 20, 1886, to June 21,1887, $52,801.32. Secretary of the Navy. Now, Mr. Chairman, the1·e were only two points made against The CHAIRMAN. The time of the gentleman has expired. this bill. One was made, or attempted to be made, by the gentle- Mr. BRUMM. I now yield five minutes to the gentleman from man from Texas [Mr. SAYERS]. New York ["Mr. Low.] Mr. ROBB. I would like to ask the gentleman a question. Mr. LOW. Mr. Chairman, I do not know who introduced this Mr. MINOR. I want my five minutes. bill to the House, but I did know John Roach, and I do know that He stated that because the penalties in the contract were not the Government wantonly and cruelly wronged this grea~ ship· enforced, we ought not to bring in a bill for dama~es. I want to . builder by condemning the Dolphin (a new vessel for the Govern· say to the House now that there were no penalties mcluded in the ment that had just been launched and completed) and making contract at all. null and void all the contracts he had made with the previous The only right the Government reserved was to enter upon and Administration, thus forcing him into bankruptcy. take charge of the works and complete the ships if Roach failed Now, gentlemen, I do not know what the specific character of to do it. That is all there is stated in the contract; and it is those contracts were, but it has been stated, and ably so, by other stated by Government officials that they could not include a pen· gentlemen on the floor. But I would like to call members' atten­ altv, because they expected to run beyond the time fixed in the tion to the Dolphin incident. They condemned the Dolphin for contract, namely1 eighteen months, and that they certainly would being structurally weak. Condemnation means throwing one need this extension of time-that there would be innumerable side as entirely useless, and yet very singularly the Government changes to be made from time to time as the work progressed, and sent her down the coast somewhere below Hatteras on a trial trip. that was the case. She returned, and the officers on board who went down on that Another point is attempted to be made that we are making this trial tiip reported that it would take $25,000 to put her in a snit­ claim on the affidavit of two interested parties. We have abso- able condition to go to sea. That$25,000wastakenofftheamonnt lutely excluded the statements and affidavits made by those inter- that RoachJ."eceived from the Government for the building of the ested parties, and have based this claim absolutely and solely upon vessel. John Roach at that time was absolutely helpless. The the records found in the Navy Department. strong hand of the Government was on his shoulders ready to Now, another thing. I want to say to the gentleman and to crush him. and he settled on the Government's basis. the House that the Government expected that they would be lia- Now, follow it a little further. The Government started the ble to damages, and the damages did occur in this case, to which Dolphin on a trip around the world, and, mind you, the Govern· Mr. Roach was justly entitled. Now, I will cite the statement ment never spent one dollar of the $25,000 to strengthen her which made by the president of the advisory board, Admiral Simpson. this board claimed she needed. She made a voyage around the Mr. BUTLER. What is the date of that? · world and was gone eighteen months, a-nd during that time she Mr. MINOR. January 14, 1885. ran over 58,000 miles, and stood the best test in the world for ves· Mr. BUTLER. Before the death of Mr. Roach? sels. She encountered gales of wind and all kinds of tempestuous Mr. MINOR. Certainly. seas. She returned back to port, and upon examination ·not a scin.. NAVAL ADvrsonY BoARD, NAVY DEPARTME...~. tilla of evidence was discovered justifying the decision that she Washington. City, January 14, 1885. was structm·ally weak. Sm: The breaking of one length of shafting in the Dolphin, the subsequent Every beam, every stanchion was examined fore and aft of that developments in the broken shaft, and the condemnation of the new shaft vessel, and she did not show one particle of gauge. She was pro. made to replace the broken one cause uncertainty as to the reliability of the nounced structurally strong and capable of any service, and John other lengths of steel wafting on hand. . The only way of aesuring the soundness of these shafts, or of determining Roach's reputation and honor were vindicated. But it came too . their reliability to stand such strains as may be put upon them, is to subject late. The cruel wound given him by his own Government was them to a torSional test. This will be a. novel experrment on such a. large beyond human aid, and a broken heart made him an easy prey scale, and it will require much time and will involve a. large expense. The delay in the completion of the Boston., Atlanta, and Ohicago has a.l- for death's messenger. ~ ready extended to an unexpected and serious extent, and the vresent embar- The claimants, ''the legitimate ones," are before Congress to-day, rassment in the status of the shafting is increasin~ lt. There IS every reason not asking for a gift, but appealing for a just claim; and had the why this should be stopped. The board is unwilling to. risk these shafts b d f ·thful J 1..~ R h d without satisfactory tests, and to wait for these tests, in the only way in Government een as true, honest, an a1 to OliU oac an which they can be made, is only to continue the delay, which, as the test is his contracts as John Roach was to. the Government in complet· a. new one, can not be limited in anticipation. In the meantime the country ing and making his covenants all right, this claim would not have is waitin~ for the ships, the success of which is to mark an epoch in there- b · C to-da I •te J_h' · 1 · 'd t f th habilitation of the Navy, and the contractor is subjected to unusual delays een m ongre.ss Y· Cl " IS speeta mel en O e in completing other portion.~ of the ships, endangering his credjt on account Dolphin to show you how absolutely wrong were they in making of the large amount of money that he has locked up in the ships, and for the report that they did. It is a well-known fact throughout life which he will have a right to exact damages to a large amount, thus increas- in all professions and in every calling it is the strong that always ing the cost of the ships- crushes the weak. Such was this case. · If there is a. just claim And that is what the Government had anticipated. It had an· that this Government owes, it is the one that is now before this ticipated that these delays that would occur from time to time by House for discussion. the changing of machinery, of the hull, etc., would carry it beyond Mr. LOVE. Will the gentleman answer a question? the time provided in the contract, and that Roach would be en- The CHAIRMAN. The time of the gentleman from New York titled to damages. That is the statement of Admiral Simpson, has expired. the president of the advisory board that had charge of the con· Mr. BRUMM. I will surrender another minute for the gentleo struction of this ship. What say you to it? man from New York to answer a question. . The gentleman from Missouri says. "No." ·I assume that this Mr. LOVE. I want to ask why this claim was not sent to the House will take the judgment of Admiral Simpson, an experienced Court of Claims? naval officer, rather than that of the gentleman from Missouri, Mr. BUTLER. WhydidnottheMethodistChnrchclaimgoba. in whose district I assume there is not water enough to float a fore the Court of Claims? Because you never get them out of pollywog- there. The only way of relieving the present embarrassment in an expeditious Mr. LOVE. The gentleman need not show so much temper manner is to equip the vessels for immediate use by providing them with about it. I merely asked the gentleman from New York [Mr. iron shafting- Low] a question for information, which I am sure that he would Precisely what Roach wanted all the time, when these naval have courteously answered if you had permitted him. constructors insisted on steel; and the steel shaft is what gave rise Mr. LOW. Every effort has been made in this case. I have to the whole trouble- been in Congress threeyears,and there is one thing among otherS About the manufacture of which there is no difficulty, and with which that I have learned, and that is, that whether a claim is just ot they will be provided with shafting second only to good cast steel unjust, whether a bill is a private bill or a public bill, whether it This act of the board will relieve the deadlock, will equiv the ships, and carries an appropriation or not, the same long fight bas to be made relieve the contractor, and will save expense that must be mcurred in the m' order to pass it through Congress. way of damages for unusual delay. The steel shafts will, however, still be on hand. These must be tested. Mr. ROBB. I now yield to the gentleman from Virginia [Mr. Those that fail should be returned to the contractor, crediting the cost of RIXEY], _ the steel shaft against the price of the iron ones. Those that stand the test Mr. RIXEY. Mr. Chairman, having unbounded confidence in must be paid for as duplicato shafting. If this system of tests shall succeeMorgan Iron Works at New York June 28,1886. The gentleman way upon the court. I think the claim ought to go there for in· says in this report that the charge as made by the executors of vestigation. - John Roach for compensation on account of the Atlanta is for five Mr. MINOR. If you think so, why did yon not make th~t months. The executors of John Roach have charged this Gov­ proposition in the committee when we were considering the bill? ernment for use and occupation of the yards for the Atlanta in Mr. RIXEY. As my friend has asked me that question, I will New York for five months.. Now let us see whether that is right. state t.o him very frankly the facts~ I will tell him that thlll mat-­ The Atlanta was completed June 28, 1886. The Government took t-er was never before the committee at all. The report never was possession of the yards1 according to the gentleman from Wiscon­ read before the committee--- - sin, November 9, 1885. This would leave the Government in the Mr. BRUMM (interrtq>ting). Oh, that is certainly a mistake. possession of those yards seven months and eighteen days. Mr. RIXEY (continuing). All that occurred when I was pres• Qnintard and Weed, whose affidavits are filed here and whose ent--- statements constitute the only evidence of the time that it ought Mr. MINOR {interrupting). Why, Mr. Chairman, I read the to have taken to complet-e the Atlanta, state that it ought to have report until it was unanimously agreed that no further reading taken four months; and for those four months neither the gentle­ was necessary, and the gentleman from Virginia was present. man from Wisconsin nor anyone else cJ.a.]ms that the Government Mr. RIXEY. I will state the facts, Mr. Chairman, in full: and ought to pay. because it has paid in the contract price. Deduct­ I would not have stated them except for the statement of the gen· ing those four months from the seven months and eighteen days, tleman from Pennsylvania and the interrogatory addressed t o me. we have as the time occupied bythe Governmentlongerthanonght Soon after the organization of the Committee on Claims, the gen­ to have been occupied, as claimed by Q:uintard and Weed, three tleman from Missouri and myself being new members, the chair.. months and eighteen days; but this Government is charged in the man stated tha.t it was customary, when bills had been formerly bill with five months, the sum of $5:l,036.10. The Government is, reported affirmatively by a unanimous consent of the committee, therefore, improperly charged the sum of $14,850. or more than to let them be reported as soon as possible and take the lead of one-fourth of the amount the gentleman from Wisconsin in his other measnre.s before the committee,_ so as to go to the Depart. report gives as the sum due to the executors of John Roach. ment for consideration at the earljest possible moment. Mr. KELLEY. Will the gentleman inform us whether this Mr. BRUMM.. That is right. claim has ev:er been before the Court of Claims or any other judi­ Mr. .RIXEY. Now, I do not remember that the report in this cial tribunal? case was ev-er read at all. I do 1-emember that I asked the chair· Mr. RIXEY. Itbasnot. Iwillreferagaintothatpointbefore man of the committee-! knew the history of the matter in a gen· I get through. eral way-I asked the chairman of the committee if it was not Mr. KELLEY. Can the gentleman tell us anything abom the proper to send claims of this kind to the Con..~ of Claims. The amount that is to be paid as att.omeys' fees, provided this claim is chairman of the committee st.ated that he thought not, and the gotten through Congress? committee was afterwards notified in regular session that objec­ Mr. RIXEY. I know nothing about that-nothing in the world. tion would be made and an effort made to send this bill to the Mr. BRUMM. You certainly know whether there is any provi­ Court of Claims. sion for attorneys' fees Mr. LOVE. Wa-s not this bill considered and acted upon by the Mr. RIXEY. I supposed the gentlemanmeantwhat proportion Congress preceding this one? of the claim would go to tbe attorneys. Mr. RIXEY. I do not know. Mr. KELLEY. Exactly. . Mr. BRUMM. Let me state to the gentleman that this bill has Mr. RIXEY. I know nothing about that. been passed twice- by the Senate already in its present fonn. Now, Mr. Chairman, if this statement in regard to the Atlanta, Mr. RIXEY. I think the claim is old enough to have been sent showing that the amount which this bill proposes- to pay on ac­ to the Court of Claims to have a judgment rendered either for or count of that vessel is one-fourth more than it ought to be, is not against it if anything is really due to these parties. Now, if there correct, I will yield to the gentleman from WISco~or any was an error such as we have pointed out, that is the proper cor• other gentleman who may wish to interrupt me, to show that I rection far itL am in error. [A pause.] If, then, I am right in this statement, Mr. LOVE. In your opinion, if yon will permit an interrup­ there is a mistake in rega1·d to this one vessel of more than 25 per tion! how much is due to these parties? cent. Mr. RIXEY. In my opinion nothing is due to Roach a.t all. What is the mistake in regard t.o the whole claim of $330,000? The point I am seeking to impress upon the committee is that if My friend from Missouri-I will not go over his figures-says there is any just ground for any claim whatever against the Gov· that he has demonstrated to the House-and I have. no doubt it is ernment, these parties should be permitted to go to the Court of 3566 CONGRESSIONAL RECORD-HOUSE. APRIL 5,

Claims and determine that question. There is no other way, in Mr. RIXEY. The Government took possession in November, my judgment, in which it can be determined satisfactorily to them 1885. That is the time from which the Government became re­ or to the Government. sponsible. If such is the fact, and it is conceded by the gentleman The facts are simply these: In 1883 Congress authorized the who made the report, the Government is overcharged many Secretary of the Navy to contract for the building of four ships thousands of dollars, according to the statement made by the of war-that is to say, for three battle ships and one dispatch boat, gentleman from Missouri and myself. After the time had ex· the Dolphin. This contract was let to John Roach, at that time pired for the completion of the Atlanta, according to the affidavits engaO'ed in shipbuilding; and all of these four ships were, under of Quintard and Weed, we have a complaint from the Chief of the the p~·ovisions of the contract, to be completed in eighteen months Bureau of Steam Engineering that these assignees were delaying from date of contract. There were a number of additions or the work by taking away the workmen and putting them on out­ changes made, which extended the time for the completion of the side work, and the assignees replied, admitting that to be true, vessels. The first of the vessels completed was the Dolphin, which but. saying that they were awaiting the completing of the work on was delivered in June, 1885, five months after it should have been the air-tight fire room. There is a subsequent letter to the same completed, under the terms of the contract. effect from the Department and a reply from the assignees. When it was offered to the Government the naval board reported Mr. BRUCKER. Did Mr. Roach make an assignment before that there were certain defects in reference to it, and the matt.er the Government took possession? was submitted to the Attorney-General, who delivered an opinion Mr. RIXEY. Oh, yes; the Government had no right to take upon the subject in which it was held that the Government could possession of the works until Roach assigned, and the reason the not be compelled to take the Dolphin and that Roach could be Government took possession was because Roach could not go on compelled to return the money, or a portion of the money, paid for and complete the ships. the construction of this boat. Mr. BRUCKER. You do not mean absolutely that the Gov­ In July, 1885, Roach made an assignment, having failed in busi­ ernment did not have the right to take possession of the works ness. Itwasagreedthen thattheSecretaryoftheNavy should, at until Roach made an assignment? hisoption,receivetheDolphinandmakeasettlementforthatvessel. Mr. RIXEY. Under the contract the Government had no right It was also determined that Roach should be permitted to sue, in to take possession of the works unless it became convinced that the Court of Claims, for the remainder of the money, if any was Roach could not complete the vessels, and when he assigned of found to be due him. The Secretary of the Navy received the course it became evident that he could not complete them. It Dolphin, and after some time it was agreed that Roach would was to Roach's interest for the Government to take possession and deduct $23,000 from the contract price and give a receipt in full complete these vessels, because if it did not his works would not for this vessel. only be idle, but he would not get any pay for the ships. That was done, and the matter of the Dolphin was closed. The Mr. SHAFROTH. How long after he assigned did the Govern• full contract price wa.s not paid for the conBtruction of that vessel. ment take possession? And right here let me say that, from the best information I can Mr. RIXEY. He assigned in July, 1885. In August the Gov· get, I believe the Dolphin to be even at this day a good ship. But ernment notified him that under the eleventh clause of the con.. there is a bill pending here to give the executors of Roach the tract, as he could not go on and complete the ships, the Govern­ money he agreed to surrender to the Department on account of this ment would have an inventory made, and when that inventory vessel, and therefore the money for the Dolphin does not enter into was completed, it would go on and complete these ships. To show the pending bill at all. · the liberal manner in which the Government acted with John The gentleman from New York [Mr. Low] consumed his time Roach, though this inventory ran up to more than a million of to-day in discussing the Dolphin, wbereas there is no claim in this dollars, and was made by the naval officials, John Roach and his bill for it. The whole amount of the controversy relates to the assignees accepted it as just and right. It must have been a lib. construction of the vessels Atlanta, Chicago, and Boston. The eral settlement with John •Roach. The Government then went Dolphin is not included in the category at all. on and completed these vessels. When John Roach made his assignment, he was unable to go Mr. SHAFROTH. That is, the assignees went on and com· on and complete these ships. The Secretary of the Navy, there­ pleted them? fore, under his contract, had the right to declare the contracts Mr. RIXEY. No; the Government did it; but the assignees forfeited and to require John Roach and his sureties to return seem to have been there a good deal. the money, or he had the right to go on and take an inventory Mr. BUTLER. What s~ttlement does the gentleman refer to and complete the ships, and pay John Roach for the ships after when he speaks of a settlement to which John Roach gave his completing them at John Roach's ship yard. The Secretary of assent? the Navv notified him that he would do that, and this inventory Mr. RIXEY. The record shows that this inventory was made was taken. It occupies, I believe, seventy pages of the printed and returned about the 1st of November, and it does not show record. It was satisfactory to John Roach, and the Government, that John Roach or his assignees ever complained against that in· on the 2d or 9th of November, notified John Roach that it would ventory, and after the vessels were completed by the Government take the yard and complete the ships. It did so. they had a full and final settlement, and the record nowhere shows Now, these gentlemen say that all this delay was caused by the that any exception was taken by John Roach or his assignees. Government. I find here in this printed record, under date of Mr. BUTLER. Was John Roach living at the time that set- April 20, 1886, when the Atlanta should have been completed, tlement you speak of was made? according to their statement, this letter from the Navy Depart­ Mr. RIXEY. What settlement? The final settlement? ment: Mr. BUTLER. Yes. NAVY DEPARTMENT, BUREAU Oli' STEAM ENGINEERING, Washington, .April ZO, 1886. Mr. RIXEY. I do not think he was living then. I do not know. Sm: Chief Engineer Morley reports that the work upon the machtr~ery of Mr. BUTLER. Well, but you made the statement that he did the Atlanta has been delayed by the removal of the workmen to outside re­ not take any exceptions to it. pair work. Will you please correct this at once, and see that as many men are here­ Mr. RIXEY. I say that the record shows that neither John after kept employed, so that the same may be completed at as early a. day as Roach nor his assignees nor his executors ever took any exce~ practicable? tions to it. CHAS. H. LORING, Chief of But·eau. Mr. BUTLER. John Roach could not take any exceptions if The Assm "EES OF JOHN RoACH, New York. he was dead. And on the same page is the reply of these assignees. This is Mr. BRUCKER. I should like to call the attention of the gen­ after the time for which they are chargin~ the Government. tleman to page 160, of the record, to be found in Executive Docu­ These letters show who waa to blame for this delay if such oc­ ment No. 153, where there is a letter of W. C. Whitney, Secretary curred: of the Navy, to John Roach, in which the Secretary of the Navy MORGAN !RON WORKS, New York, .April20, 1886. uses the following language, this letter being under date of Au­ Srn: We are in receipt of your letter of the 20th instant, regar

until November, because the twelfth clause in the contract between completed them and paid him every dollar, and I do insist that the Government and John Roach provided- instead of claiming damages from Congress he ought to go to Upon receipt of the findings or the said board, and upon hls approval court and establish his claim. [Applause.] thereof- Mr. BRUMM. Howmuch time, Mr. Chairmau, is there left on That is, the findings of the board of inquiry- the other side? the Secretary of the Navy may proceed to complete the vessels, etc. The CHAIRMAN. Three minutes. Upon the completion of the inventory and its acceptance by the Mr. ROBB. I reserve the balance of our time. Government, possession of the shipyard was turned over to the Mr. BRUMM. I surrender two minutes to the gentleman from Department on the 9th of November, as stated by the gentleman Pennsylvania rMr. BUTLER J. from Wisconsin. It may have taken mo1·e time to complete those Mr. BUTLER. Mr. Chauman, if the gentleman from Vir!rinia vessels than John Roach could have done the work in, one reason rMr. RIXEYJ. will giv:e me his attention for one minute, I ~ould - being that the Government could not work ten hours; another is flke to c~ his attention to a statement made in his argument. I that any change in large business matters of thi.s kind necessarily CaD: readily understand how an acquiescence in the settlement of takes more time. a disputed matter may act as an estoppel or commit the parties to ~t, and. thereafter the point in controversy is at an end; and the The contract with John Roach having provided if he was un­ pomt which the gentleman endeavors to make against this claim able to complete the vessels then the Government had the right might be a legitimate one were it not for the fact that the gentle­ to take possession of the yards and complete the vessels, it had to man is wrong in his statement of the fact. John Roach had died be done under the eight-hour law and with such speed as they before the last boat was delivered. He died four months after could make in the prosecution of the work. · the second boat was delivered, and therefore John Roach could Now, one word more. My friend from Wisconsin, I do not not have been present acquiescing in a settlement made between ~ow whether it was to escape the weakness of his position or not, the assignees and the Government. sa1d: That there was an intention upon the part of his assignees of We have made up this estinul.te outside of the testimony of Quintard and claimii;tg damages at ~he time is proven by the fact that in the ra. Weed. lease given by the ass1gnees to the Government will be found this He says that he has done so outside of that evidence and solely provision: · I npon the records of the Navy Department. challenge the gen­ Nothin~ in this release contained shall be construed to prejudice the rights tleman to show by anything from the Navy Department that this of said assignees, or of the estate of the party of the first part, to apply for Government ever held those works one hour or one day longer and receive such sum or sums of money as Consress or the Court of Claims than it ought to have done. or other. proper tribunal may award or authoriZe to be paid on account of Why, Mr. Chairman, the only evidence in support of this claim suchclarm. are the affidavits of Quintard and Weed, two men who sworeiden­ Therefore it is wrong to say that John Roach made no claim or to argue that this claim should be defeated because he made no ~cally in the same language that in their opinion the Chicago, npon which $600,000 had been paid out and upon which $200,000 claim. Mr. Roach lived four months after the second boat was was to be spent, could be completed in a certain number of months. delivered. He was dead six: months before the last vessel was They say in regard to the Boston and Atlanta practically the very delivered, and therefore when the settlement came Mr. Roach same thing. Thousands of dollars had been spent upon these ves­ could not speak because he was not living. sels and many thousands had yet to be spent, and yet these two Mr. RIXEY. I did not refer to it as an estoppel at all. gentlemen say simply they were familiar with the works, familiar Mr. BUTLER. I did not say that you did. You referred to it with the ships, and in their judgment the Government ought to as showing that this claim was a fraudulent one because John finish them in a certain number of months. That is all they say. Roach himself never made it; and I say that John Roach was Mr. KELLEY. Did the Government take possession and com­ dead at the time and could not make it. plete these vessels under the terms of the contract made with Mr. KELLEY. His heirs did not make the claim at that time. Roach? Mr. BUTLER. I have just read the provision in the release Mr. RIXEY. It did. which shows that they had made it. Mr. KELLEY. And they ask the Government $330,000 because Mr. BRUMM. Mr. Chairman, I yield ten minutes to the gen· the Government did that? tlemon from Ohio [Mr. GROSVENOR]. Mr. RIXEY. They ask $330,000 because the Government took Mr. GROSVENOR. Mr. Chairman, we are approaching the is end o~ a chapter in the hist-?ry <;>f the American Navy and of the a. little longer than they say it ought to have done, and this a ques­ Amencan Government, which IS the most dis!rraceful of all the ~on of damages, and damages alone. I say wherever a claim of this kind is founded in damages it ought to go to a court for the chapters that have ever been Wlitku. I do not propose to follow damages to be ascertained. the argument that has been made to show that under the terms I have but one word more to say. Since the bill was 1·eported of this contract, by the fair and just interpretation of it the Gov­ to the House I have been shown the following copy of a letter by ernment of the United States had the right to take pos~ession of the shipyards of John Roach and proceed to complete the vessels the. ~hair.man of the ~ommittee, which purports to be signed by Philip H1ehborn, Chief Constructor of the Navy, and I will read that had been covered by his contract. the fourth clause of it: Nor do I as a lawyer undertake to argue that John Roach did not make his contract with his eyes wide open to the fact that the There is little doubt that the contractors could, if the contracts had not been declared forfeited, have completed these vessels in less time. · Government had the r:ight to change the plans of the con.stn1ction of the vess~ls under the contract, but I do stand upon the broad I agree with him. Perhaps John Roach could have completed and unassailable ground that the Government, having seized his these -ressels in less time; but I do not concede, therefore that property under the terms of that contract, and for the purpose of the Government is responsible for this, and if it is, then 'there my argument admitting that they had the right to have them· ought to be some evidence in some way to decide the amount for selves dela~ed his work and tl;ms prought about the apparent. which they would be responsible. b1·each of his contract, yet I mamtam and I defy successful con· Again, he says: tradiction o~ the fact th~t.the Gpvernm~nt was bound by the rules The reorganization in itself consumed much time and the methods of pro­ cedure necessitated by the Government doing business with a plant of a pri­ ~f law that It must be diligent m the dlBcharge of its duty under ~ate firm, and even the very caution exercised to keep the expenses at a Its contract. mirumum under these somewhat novel circumstances, involved delay in the Roach had been put to a forfeiture because of his failure in th~ cmnstruction of the vessels. rapid. execution of his work. The Government takes his property, I have no doubt it did involve delay. Who was responsible? and, if I have understood the arguments on the other side they John Roach was unable to complete the vessels, and the Govern­ say ~hat ~he Gover~ent th~reupon had the right to change the ment, in the interest of John Roach, undertook to go on andcom­ specifications, making delay m the execution of the work and then plete these vessels, and has paid to him every dollar it agreed to comes with this unheard of and, to my mind, utterly .:mtenable pay. argument that the Government could not work their men but Mr. L9VE. If the Governme~t, then, had not completed the eight hours a day, while Roach could work his ten hours a day. ·vessels, 1t would have been an entire loss to Roach. Let us see bow these parties stood at the moment of seizure of the Mr . RIXEY. It would have had a right to call upon John shipyards by the Government. Roach's securities for every dollar which it had paid, because the :What were their mutual rights under the contract? Roach had yessels. were not completed. What the Government did was stipulated to conform to any changes made by the Navy Depart­ 1n the mterest of Roach. The record shows that in regard to these ment, but Roach bad not stipulated that thereafter the Govern· three vessels the Government has treated him in as fair a manner ment could make changes which would deprive him of his prop­ as any creditor could demand. I do not consider it deprived him erty. Bear in mind now, gentlemen, this is a question of the of a dollar, and there is nothing in the record to show that there value of the use of John Roach's property taken out of his hands was any ~onfiscation, penalty, or. seizure enforced by the Govern­ under the proyisions of his contract. I might stop here and say .:ment agamst John Roach, as clauned on a former occasion. that no more mfamous persecution of any American citizen was Roach made the contract to complete these vessel.s 1 and he was ever made than the torture of John Roach to bring about the tlllable to complete them. The Government took .DlS yards and seizure of his property. .. ·~

3568 CONGRESSIONAL REQORD-HOUSE. APRIL 5,

I think I know precisely why it was done. I think I know pre­ but I can not finish my line of argument if I yield to these inter­ cisely the ultimate and infamous purpose that lay behind it. I ruptions. The argument, whatever it is worth, will take about think I know that the good of this Government and the perfection five minutes to reach its conclusion. Therefore I can not consent of the construction of this naval vessel had nothing to do with it. to be turned aside. It is not pretended that the changes made by the GOvernment bet­ Now, when the Government had taken possession of that vast tered or improved the structure, and we find,gentlemen, when we property, what was its duty? VIas it to go into a reorganization come to examine this great question at this point, that the opin­ of those ships? Was it to make new plans without the privity of ions that then prevailed were utterly erroneous and unjust. A John Roach? Was it to disarrange the plans that the Navy De­ naval board examined and tested the Dolphin. I have their report partment had itself furnished, and in that way bold possession of before me. It was in every respect a complete indorsement. And this vast property and ruin the greatest enterprise in shipbuilding yet the Navy Department saw fit to overrule the aetion of that that up to that time the American nation had ever known? That board. is this case precisely. Mr. KELLEY. I should like to ask the gentleman a question. If gentlemen say that the delay of the work after the Govern­ 1\:lr. GROSVENOR. I think I had better go on. ment took charge was by reason of the eight-hom· law, I deny that Mr. LOVE. My information is that Mr. Roach had made an that is an answer to this just claim. If the Government of the assignment before the Government ever took control, of the yards United States saw fit to put in force the limitation upon the hours to complete the ships. Is that true or not? of labor, the Government could not stand and hold this splendid Mr. GROSVENOR. Does the gentleman'squestion refertothe property and apply its ideas of the hours of labor to it, and then Dolphin? . chargeitupagainstJohnRoach. If the Government had the right Mr. LOVE. The DolJlhin, I understand, is not included in this to change the plans of these ships under the bungling operations bill. I want to know if the Government was not forced to take of the condition that we had at that date-if it had the right to charge of these shipyards after Roach's assignment in order to do that, it did it at its own peril to compensate John Roach for save what had already been expended? what he lost by the enterprise. There is the whole of this question. Mr. GROSVENOR. I am talking about the Dolphin. Why I am not going to discuss the amount of the claim. The amount break up my SP,eech in this way to take up another subject? put down here is in accordance with the findings of those who are Mr. LOVE. 'ram tryingtogetinformation,andhoped the gen­ better competent than this House is to ascertain the true value of tleman would give it. the delay and the occupation. Here was a yard fully equipped to Mr. GROSVENOR. The gentleman will have to get it as I build three great ships for the Government of the United States. have tried to get it. That yard was taken practically out of the possess\on of Mr. I was trying to illustrate the course of the Navy Department in Roach. He could not make a further contract and the assjgnees maldng changes in the ships included in this bill by referring to could not fini h the business on hand. He was absolutely de- the en-oneou.s decision of the Secretary of the Navy in the matter . strayed, as far as his business was concerned, because the Gov• of the Dolphin. I think my remarks on this point are absolutely ernment had a contract with him that by their interference he pertinent. was unable to complete. Mr. ROBB. Does not the gentleman know that the opinion to And when he comes to Congress, or his representatives come which the gentleman has referred involves only about $62,000, to Congress, for compensation in the amount of reasonable dam­ whereas Roach's contract amounted to nearly $8,000,000? ages, the Government says, in the first place, that without your Mr. GROSVENOR. I can not wait for the gentleman to finish knowledge or consent we compelled your compliance with the his speech. He has occupied nearly all the time of two days; and eight-hour rule. We enforced conditions to which you were not I have learned nothing from his speech up to this time-nothing a party, and therefore you shall have no right to say that we are what€ver. compelled to make compensation for that, nor shall you have the My point is this, and I will not be driven away from it: I was right to say, when we change the plans for the vessels, that it was pointing out that the opinion of the Secretary of the Navy of that done at our own expense and at our own cost. In other words, day is not only worthless in the estimation of the American peo­ you shall have no voice in the premises whatever. ple, but, so far at least as one of his opinions was concerned, it is I yield back the remainder of the time allotted to me. a blot and disgrace to humanity. He said the Dolphin· was Mr. BRUMM. May I ask, Mr. Chairman, how much time is "structurally weak." That is like the complaint of a soldier who remaining of that yielded to the gentleman from Ohio? comiTlains of" a lame back.n I lived to see-and so did the gen­ The CHAIRMAN. One minute remains. tleman from Missomi if be was there-I lived to see the Dolphin Mr. BRUMM. I yield ten minutes to the gentleman from New after she had traversed this globe, had made a voyage of 58,000 York [Mr. CUMMINGS]. miles. I saw her the plide and glory of eve1-y American who wit­ Mr. CUMMINGS. Mr. Chairman, seventeen years of my life nessed the great naval parade in New York Harbor-the most were spent in continuous newspaper work. In that seventeen beautiful, the most perfect of all the ships of the world of the years of newspa1>9r experience the Roach contract and the df34 cla~s to which she belonged. And to-day she is the pride of her cisions of the Executive Department of the Government with ref­ class in the American Navy, and has no peer in the navies of the erence to the contract were familiar subjects in the press through· world. · out the United States. Mr. ROBB. Will the gentleman yield for a question? Does he It was charged that Mr. Roach had been favored by the Gov­ notknow-- ernment at the expense of other shipbuilding yards. '.!'he Dolphin Mr. GROSVENOR. I do not want the gentleman to repeat his had not been accepted by the Navy Department, John Roach had long-drawn-out speech. I trust he will be kind enough t-o let me been forced to make an assignment, and had been ruined, and died goon. broken-hearted after the seizure of his property by the Govern· Mr. ROBB. I want to ask this question- ment. At that time, as a newspaper reporter, I interviewed Mr. The CHAIRMAN. The gentleman from Ohio declines to yield. Roach, Secreta1-y Whitney, and others whose names were men­ Mr. GROSVENOR. If I do not know the fact to which the tioned in connection with the matter. The press. reeked with gentleman desires to bring my attention. I can not learn it now. abuse of John Roach. I stated then, and I may state now without I am pointing out the fact that the opinion of the See1·etary of the fear of contradiction, that the grossest injustice was done to Mr. Navy was a bald persecution and outrage or was born of stupen­ Roach, who was at that time the best shipbuilder the country dous ignorance. 'Therefore I give no weight to the decision of the had ever produced. Secretary of the Navy that there ought to have been changes in John Roach was a poor Irish boy. He came to this country Mr. Roach's contract, or that the seizure made aftei'Wards in ac­ without a cent. He had no schooling whatever. He could read cOI·dance with the judgment of the Secretary of the Navy was _and writ€, and that was alL He gleaned an education in every­ justified. I believe, Mr. Chairman, that the verdict of the Amer­ _day life. He never went to school. He was employed in a ship. · ican people is that John Roach, for some purpose which I do not yard as a laborer. He became a calker, and from that humble understand, was hounded and persecuted and destroyed, and that beginmng gradually became the foremqst shipbuilder in the the means by which this was brought about was this decision of United States. the Attorney-General and the action of the Navy Department. I read from a printed interview that I had with John Roach. Now, what was the duty of the United States Government when The following words fell from his lips: it had seized that property? Every lawyer will say, and every To sum up this personal matter, I have for some fifty years been in busi· man who is not a lawyer, that the Government ought to have ness in New York. I have constructed over a hundred ships. These have all been built for merchants of this country, and most of whom are living. gone forward with rapidity. And now comes what to my mind I challenge any man to go to these customers of mine n.nd find one of them is the real gist of tlris contest. who will say tha.t he is ilissatisfted with the work 1 have done for him, or The CHAIRMAN. The time of the gentleman has.expired. that he had just cause to complain. I have never yet, in all my fifty years of business, had a. lawsuit with any man. If the work I had done for the Gov· Mr. GROSVENOR. I hope I may have five minutes more. ernment had been done for private persons, there wonld have been no more Mr. BRUMM. I yield the gentleman five minutes more. cause to complain. Why do not these slanderers go to my customers and Mr. KELLEY. Now will the gentleman allow me to ask-­ ma.ke out a case against me? . Yet I have been held up in a part of the press as a Iruloil having question· Mr. GROSVENOR. No; I can not yield. The gentleman will able transactions with the Government through favoritism and fat contract$ ploase excuse me. I would be very glad to accommodate him, and so on. I put the business reputation built up during half a centurt 1898. CONGRESSIONAL RECORD-HOUSE. 3569 against these malicious libelers, and I call tll>On them to bring the first proof Mr. BARTLETT. Point it out. of their reckless assertions. Everything that I have done for the Govern­ Mr. McMILLIN. I should like to have it pointed out rathe: ment has been as fair and just as with the citizens. than have it hinted at. Now, he took these contl·acts at a lower rate than was bid· by Mr. DOCKERY. Let us have it. Let us have the facts. any other contractor. In this interview with me he said that the Mr. ROBB. I should like to ask the gentleman from New Government had acknowledged that all of the ships he had ever York- . built for them were much cheaper and better than any ships that Mr. CUMMINGS. I did not say the injustice was done on the had been previously constructed or than the ships ordered under floor of the House. the Whitney administration. Mr. McMIL.LIN. I do not know where it was, but inasmuch To my min4 the greatest evidence that this claim is just is the as the appropriations are made here and here only, I thought it action and opinion of the Secretary of the Navy who made the was just that I should make this humble protest. contract with John Roach. That gentleman is WILLIAM E. Mr. CUMMINGS. Oh, no; it all grew out of the newspaper CHANDLER, once Secretary of the Navy, now a United States reports on the Robeson business. Honest John Roach was the Senator. He not only voted for this bill in the Senate, but has sufferer, because he happened at one time to build a few ships written letters appealing in behalf of the justice of the claims of when Mr. Robeson was Secretary of the Navy. He fell under the the heirs of this honest old Irishman. And another evidence, to odium attached to Robeson, and owing to that cause, and that mv mind, that the claim is just is that it has been adjudicated by cause alone, in my opinion, he failed, and was unable to carry on another Secretary of the Navy, Benjamin F. Tracy, who has re­ his work. ported in its favor. The CHAIRMAN. The time of the gentleman has expired. Mr. Tracy settled the claim as far as it was possible for him to Mr. ROBB. Was there any politics in it when the contract was settle it under the law, and then referred what he did not have made? the legal power to settle to the Congress of the United States, with Mr. BRUMM. Does the gentleman wish any more time in the recommendation that it be allowed. So that you have, Mr. which to answer that question? · Chairman, not only the opinion of the Secretary of the Navy who Mr. CUMMINGS. I should like a little more time. made the contract in justification of the claim, but you have the Mr. BRUMM. I give the gentleman two minutes more. lfacts on which the claim itself is based. You not only have the Mr. CUMMINGS. I will answer the gentleman's question.­ opinion of the Secretary who drew up the contract with Mr. Mr. ROBB. I should like to know if there was any politics in Roach, but you have also the opinion of the Secretary who closed it when the contract was made. the account concurring in the report that the claim is just, and Mr. CUMMINGS. When what contract was made? all agreeing that the grossest injustice has been done to Mr. Roach. Mr. ROBB. Between Secretary Chandler and John Roach for I know that through the failure of payments that should have the building of these ships. been made to him for these ships his vast establishment was prac­ Mr. CUMMINGS. There was no politics in it. tically swept into bankruptcy. I know that the Government Mr. ROBB. Now, I should like to ask the gentleman- seized not only the shipyard at Chester, but the Morgan Iron Mr. CUMMINGS. Let me answer the gentleman's question. Works in New York. Those iron works, Mr. Chairman, were in That the contract was square and fair and that the contractor did the district which I once had the honor to represent on this floor. his work squarely_and fairly is shown by the fact that the very They employe

Mr. ROBB. I yield three minutes to the gentleman from more than fair compensation for their use by the Government for the pro­ longed time the Chicago, Boston, and .Atlanta were under construction at Georgia [Mr. BARTLETT]. said yards. :M:r. BARTLETT. Mr. Chairman, I know nothing about any Very respectfully, PHILIP HICHBORN, persons connected with this claim or interested in it; but I do Chief Constructor, United Sta.tes Navy, Chief of Bureau. know that it is an unusua.l thing, and it ought to be an unusual Hon. C. N. BRUM)!, thing, to ask this House to appropriate over 5330,000 to pay a claim House of Representatives, Wa8hington, D. C. when the report from the committee bringing this bill before The question was asked my colleague [Mr. MINOR] as to when the House states (as the report on this bill does) "That no action the forfeiture of the contract became operative. I ought first to has be~n had upon this claim, or any part thereof~ by the courts or say that the assignment was made by John Roach seven days after by any of the Departments of the United States Government." the Attorney-General bad rendered his opinion on the Dolphin, The United States Government has never been asked to appear wherein he stated that the Dolphin was structurally weak, that in court and defend this claim; it never has been permitted to she failed in speed, and that John Roach would ha.ve to refund appear in a committee room and ask to present its side of why it ths money that was paid to him on the contract for building the has not paid this amount, nor has any inquiry been made of the Dolphin; that upon the opinion rendered by the Attorney-General Departments as to the justice of this demand; and the record of the credit of John Roach was destroyed, and he then made an thiq case as made by the officers of the Government, which I hold assignment. in my band, in a Senate document published in the first session of Executive Document 153, page 144, shows that on the 6th of theForty-ninthCongress(ExecutiveDocumentNo.153), will show August, 1885, the Secretary of theNavy declared each one of the that the Government does not owe a dollar of this money; that the contracts forfeited under clauses 11, 12, and 13 of the contract, and Government dealt fairly and honestly with Mr. Roach, and not the rights of the United States were then operative, and yet in the until six months after he had abandoned the work on the ships face of that fact the United States did not make it onerative until did the Government take advantage of the eleventh section of the the following November, and for all of that time John Roach has various contracts, as they had the right to do and as Roach agreed not charged one cent for the occupancy of these yards, nor is it it should do. These clauses permitted the Government to take inciuded in this bill. charge of the yards and ships and carry on the work to completion. Mr. ROBB. I would like to ask the gentleman a question. The Government, Mr. Chairman and gentlemen, carried on the Mr. BRUMM. Certainly. work and completed it in less time than Mr. Roach had taken to Mr. ROBB. I want to know, if between August 6 and N ovem· complete one-half of these ships. Moreover, there are in the ber 9 the Government was not in charge, and if the laborers were records receiots in full for all the money that the Government not employed there, why the heirs of Roach charged for the labor owed on these contl·acts. An effort is made here to make the during that time? Government pay the enormous sum of $331,151 because, as insisted Mr. BRUMM. Theyhavenotcharged during that time. That by the gentleman who opened this case rMr. MINOR]' the Attorney­ shows that the gentleman does not know what he is talking about. General had given his opinion as to tbe validity of the contract It took that time for the Government to take an inventory, and with reference to the building of the Dolphin, a proposition un­ my colleague [Mr. MINOR] showed that it was not necessary to heard of and unparalleled in any decent court of law. delay these works for four or five months while the Government I think, sir, before we vote this money away from the coffers of was taking an inventory. The fact is, it was a part of the original ths people we ought to put this claim before a court and allow it conspiracy to hold J"ohn Roach by ths throat during that time . . to determine these contentions involved. They present intricate Another error the opponents make is in stating that the Depart­ questions of law, diRputed questions of facts, and the court should ment had relegated John Roach in the settlement of this dispute determine whether the Government of the United States is liable to the Court of Claims. I read here the exact words from the .before we lay the heavy hand and burden of taxation of over release: $300,000 upon the people of this country to pay this claim, a claim Nothing in this release contained shall be construed to prejudice the rights which a committee of this House has reported against the Govern­ of said assignees or of the estate of t.he party of the first part to apply for ment, and have only heard the testimony and evidence of those and receive such sums of money as Congress, the Court of Claims, or other interested. the ex parte statements of the claimants themselves. I proper tribunal may award or authorize to be paid on account of such claim. say,.Mr. Chairman, this claim, as made by the record and by the I only cite this as another example of the errors my friends make very report of this committee, is not entitled to be -paid at this in discussing this question. time. Now, my colleague, Mr. RoBB, says that there is no evidence The CHAIRMAN. The time of the gentleman has expired. that the Government caused delay except that of the assignees. Mr. BRUMM. Mr. Chairman, I am very sorry that our friends Why, let me read you the official record, which is mathematical are not better posted in reference to this claim. . My friend who testimony and not the testimony or opinions of men. The official has just taken his seat has said that it has not had a hearing in record of the board of appraisers appointed by the Secretary of .. court. I want to say that as chairman of the committee I have the Navy (Executive Document 153, pages 204 and 205) shows that been in communication with the Department and have a letter but 7 per cent still remained to be finished on the Atlanta. from the architect of the Navy, in which he gives his opinion That was when the Government took charge of the yard; only upon this very matter, and says that the charges that are made are 7 per cent of the work remained to be finished on the Atlanta. very reasonable. The letter reads as follows. to wit : On the Boston only 8 per cent of the work remained to be finished DEPARTMENT OF THE NAVY, when you robbed the yard from honest John Roach; on the Chi­ BUREAU OF CoNSTRUCTION AND REPAIR, cago only 22 per cent remained to be finished, and yet gentlemen Was.hington, D. C., March 19, 1B!J8. tell us that the Government did not occupy any more time than Sm: 1. Replying to your verbal inquiry as to the claims of the heirs of John John Roach would have oc.cupied in completing this 7, 8, and 22 Roach, deceased. for certain sums for withholding and detention of the plant per cent, notwithstanding the fact that the Government held the at Mor!fan Iron Works, New York, during unnecessary delay in COmJ?leting the crmser Atlanta and for the withholding and detention of the shipyard yards longer to finish this small percentage of the uncompleted plant at the Delaware River Iron Ship Building and Engine Works, Chester, work than the time in which Roach had agreed to build the three Pa. during similar ·delay on the Boston and Chicago, which sums were con­ ships. sidered in Senate Report No. 86, Fifty-fifth Congress, first sessio~ and favor­ ably rel?orted on, I have to state that I have given careful consideration to But, again, they say there is no evidence as to the amount of the subJect and have to state as follows: damages except that of Quintard and Weed. I am sorry that my 2. The claimants assert that "in the ten years from 1873 to 1882, both in· colleague from Virginia rMr. RIXEY], for whom I have the ut­ elusive the total tonnage built by John Roach & Son aggregated about 148,000 tons. the average being 14,800 per year; the largest product in any one year, most respect, left me unoer the impression that the only objec­ 28 100 tons." tion he had to the bill was because there was no evidence here 3. The amount of this business and the capacity of the plant can more from the Department. I immediately placed myself in corre­ readily be understood" perhaJ!Sl.. if it is explained that this would represent spondence with the Department and received the letter which is work amounting in vame to $24=5,337 per month on a basi~ of the contracts for the Chicago, Boston, Atlanta, and Dolphin, the contract prices for which vessels already before the Honse. wore at the time considered low, the aggregate tonnage of the vessels named Mr. RIXEY. I desire to interrupt the gentleman a moment. being 12,383. The loss of the use of a plant doing an annual business of about $3,000,000 is necessarily a matter of serious damage to the owner, and every Mr. BRUMM. Certainly. day's delay in the completion of the Chicago. Atlanta, and B6ston would de· Mr. RIXEY. What I said wa.s that there was no evidence to pl'l.Ve the shipbuilder of the right to use the plant for his own personal profit, sustain the claim, and I say now that there is no evidence to sus­ and thereby cause him considerable loss. . tain the claim, in my opinion. I referred to the letter you showed 4. There is little doubt that the contractors could, if the contracts had not been dec] ared forfeited, have completed these vessels in less time. 'I'he reor­ me since the bill was reported to the House, and I say that in my ganization in itself consumed much time and the methods of procedure neces­ judgment that letter does not sustain the claim. sitated by the Government doing business with the plant of a private firm Mr. BRUMM. I object to the gentleman making a speech in and even the very caution exercised to keep the expenses at a minimum, under these somewhat novel circumstances, mvolved delay in the construc­ my time. The letter speaks for itself. Another proposition they tion of the vessel. make,and this goes to the whole matter, is that the Government 5. In view of these facts, and in consideration of the large sums invested was not responsible for John Roach's delay. I say if that is true in the plants at the Morgan Iron Works and Chester, Pa., and their money­ earning value to the contractor, I am of opinion that the sruns allowed for r ·will agree to withdraw this bill. The merits of this bill rest damages for the withholding and detention of these ship-yard plants are no upon the fact that the Government, and the Government alone, 1898. CONGRESSIONAL RECORD-ROUSE. 3571 wa.s responsible for the delay in building these ships. Let us see. The gentleman from Pennsylvania rMr. B'RUMM] is entitled to the John Roa.ch had a contract to finish the Dolphin for a certain sum floor to conclude his remarks. He has seven.minutes remaining. of money; the Secretary of the Navy-! believe under bad ad­ Mr. RIXEY. I would like to ask-· - ·tice, probably from some inferior; I do not care to uflect upon a Mr. BRUMM. I put this claim upon the fact, first, that under gentleman in so high a position-the Secretary of the Navy the course of the Administration you violated the law, you vio­ refen·ed the question to the Attorney-General as to whether the lated the contra{}t which you entered into with John Roach. contract was void under the report of the extra committee ap­ Mr. RIXEY. WHl the gentleman permit me-- pointed by him without warrant of law, without warrant of Mr. BRUMM. Within a month after the President's inaugura­ contract, and if, in direct opposition to the very letter of the law tion the Belknap board was appointed by Mr. Whitney- and the contract, he appointed that board then it had no power and The CHAIRMAN. The gentleman from Pennsylvania declines no jurisdiction. I mean the second board. to yield. Mr. Chairman, the law and the contract eaid that there should Mr. BRUMM. Having done that, you injured his credit and be a naval advisory board that should decide what should be you drove him into bankruptcy. In seven days after that infa­ done and have supervision over the building of the Dolphin, by mous letter of Attomey-General Garland was printed John Roach and with the advice and under the direction of the Secretary of was a bankrupt. Lying helpless, he said, ''Come take- my yards." the Navy. But the trial trip was to be made under the sole super­ Even then he hoped the Government would take them and do its vision of the Naval Advisory Board, and upon their favorable whole duty. In other words, you knocked John Ros.ch down, report was to be accepted by the Government. Yet, in violation and now you want to kick him for faning. of this plain provision, he created another board, and then even First, you threw him into banlll'uptcy, and now you want to refused to be bound by the report of either board. This advisory hold him responsible for not finishing a contract that you violated. board reported the Dolphin a perfect ship. This advisory board When I say" you," I mean the Government, of course. You first had control of the construction. And yet, for some reason that I throw him into bankruptcy and make it impossible for him to go have my own idea about, but which it is not necessary to intro­ on any further with the work. And when he has made an assign­ duce into the argument in this case, a second board, known as ment, you take possession of the yard, justifying yourself by say­ the Belknap board, was appointed, and this board-- ing, "John Roach stepped the work himself, and, therefore, we Mr. ROBB. May I ask the gentleman a question? are not liable for any damages." Ah, sir, he destroys my house Mr. BRUMM. I have not time now. This Belknap board re­ who takes away the props that support it. And when you took ported first that the ship was ''structurally weak," that she had away the props that supported John Roach, and then robbed him, failed to make her 15 knots an hour. The proof was overwhelm­ you committed a crime, and you ought to be willing now to pay ing that both these findings were errors, to ca.U them by the the penalty. mildest term. The manner of the test-- As to the amount embodied in the bill, no one has successfully Mr. ROBB. Will the gentleman- challenged its accuracy. We have the official report to show that Mr. BRUMM. I have not time now. The manner of the test it is a just and proper amount for the work done. was shown in the Daily Graphic, which came out in New York Mr. Chairman, as to the affairs of John Roach, no one has dared City, showing under what circumstances the Dolphin was tested. to challenge the statement which has been rendered by his heirs, We have the account here, wherein it is shown that they tested and they simply ask that fair play be accorded to them under the the Dolphin in the wildest kind of a storm. Secretary Whitney pending bill. I contend that it would be a double crime on the had said-and I quote from the report-that all he asked in a stiff part of this Government first to put a man in a position where he sea was 12 knots an hour; and the report of his pet Belknap board is absolutely helpless to control his own affairs, and then attempt ~tself showed that shehad made over13 knots an hour. Then the to hold him responsible for the damage growing out of the failure Secretary, not satisfied with that report, threw it aside, saying, to comply with the contract, which he was utterly unable to com­

'' That report amounts to nothing 1 because you made the test with­ ply with because of the acts of the Government. '.l;'hat is the out my orders or knowledge, as they were given in my absence, entire case. 'under a mistake." Mr. ROBB. Mr. C'1lairman, I desire to rise to a question of That is the record, gentlemen, of the conduct of the Secretary personal privilege. of the Navy. What was the manner of testing the Vesuvius? Mr. BRUMM. I hope the gentleman will wait until I get The test was made in the placid waters of some inland lake or bay. through. That is the difference of the tests of these two vessels. Mr. ROBB. I thought the gentleman had concluded. The Navy Department found the testimony was so overwhelm­ Mr. GAINES. I would like to ask the gentleman a question. ingly against them that they had to do something to patch it up. Mr. BRUMM. I have not yet yielded the floor. They accepted the Dolphin by putting a penalty upon John Roach. Mr. SHAFROTH. Let me ask the gentleman a question for Then the Dolphin made its trip around the world; and it has a information. record that stands unequaled by any ship that was ever built-a Mr. BRUMM. Certainly. record showing that this vessel exceeded every expectation, that Mr. SHAFROTH. Can the gentleman give us the information she made her voyage of thousands of miles with uut two hours' as to what the assets and liabilities of John Roach were at the delay, and those for small repairs. time of his assignment? · Mr. ROBB. Does not the gentleman know- Mr. BRUMM. I can not do so exactly in figures; but I will Mr. BRUMM (continuing). After that the Government took say to the gentleman and to the committee that the plant of Mr. the Dolphin, and yet refused to pay John Roach the balance due Roach was well worth at least $2,000,000. That fact will not be 'on that ship, for which, however, we have another bill. disputed. I will say further that when theGovernmenttook him Now, then, wherein is the equity of our claim? The position by the throat. as it were, they not only compelled him, with his the committee takes on this matter is this: First, this bill has fixed expenditures, to keep that plant going for an indefinite passed the Senate, not Republican, twice, and, so far as I know, length of time-over a year-and to furnish coal, pay insurance, without a single dissenting voice. This bill passed this House to occupy and keep going the two yards of the plant for the con· committee at the last session without a dissenting voice. This struction of these three ships-they took absolute and entire con­ bill is in the House now without a minority report. There was trol of both yards, which were capable of docking ten ships at a no objection at the time. It was an afterthought. There is the time; for, as I have said, the Government took absolute control of trouble. Some power hidden, that I know not of and care not to all he had-but also forced him to comply with the conditions of a . investigate-- contract which the Government itself had changed., and would llfr. ROBB. Mr. Chairman- not allow him to take a job from anyone else. 1\.lr. BRUMM (continuing). Now, then, Mr. Chairman, this Now, the Navy Department, through its officials, after a thor· bill rests upon the fact- ough investigation of this matter, has stated that the amount is Mr. ROBB. Mr. Chairman- reasonable, and I hope the committee will agree in that conclu­ Mr. BRUMM. I refuse to be interrupted now. I have not the sion. This, I will state, also has the approval of Chief Constructor time 1 or I would yield. Hichborn of the Navy. · Mr. ROBB. I rise to a question of personal privilege. . Mr. GAINES. Will the gentlemannowpermitmetointerrupt? The CHAIRMAN (Mr. PAYNE). The gentleman from Mis­ Mr. BRUMM. Certainly. souri [Mr. RoBB] can not interrupt the gentleman from Pennsyl­ Mr. GAINES. I would like to ask the gentleman this question vania with a question of personal privilege. with reference to the amount of the claim: Has it been disputed :Mr. BRUMM. Now, Mr. Chairman- by anybody that under the contract the Government had the right Mr. BRUCKER. I rise to a parliamentary inquiry. How much to take charge of these works? time remains? Mr. WILLIAM.S of Mississippi. They had the right under the Mr. BRUMM. I do not want this to come out of my time. I contract to take charge. refuse to be interrupted. Mr. BRUMM. Certainly; under the contract they had the The CHAIRMAN. The committee will please be in order. right. But the point I make is that they had no right to taka 3572 OONGRESSION A.L REOORD-HOUSE. APRIL 5, advantage of contracts when they themselves had not complied Mr. BRUMM. The Bowman Act. with the provisions. Mr. DALZELL. The Court of Claims has no jurisdiction ol Mr. ROBB. I would like to ask the gentleman if he does not claims of this kind, has it? know that the Government made every concession to Mr. Roach Mr. BRUMM. That is a. question. We certainly have juris• that he claimed? Does he not know it to be a fact that this con­ diction here. tract provided for ten installments of payment, with 10 per cent Mr. ROBB. Mr. Chairman, that resolution­ interest on each, and if, on the application of :Mr. Roach, the Gov­ The CHAIRMAN. The resolution is not debatable. ernment did not concede to him 10 per cent for the purpose of Mr. STEEL.E. I do not think that resolution is in order, and I saving him from failing? make the point of order that it is not in order. Mr. BRUIDI. I am satisfied the Government carried out the The CHAIRMAN. The resolution proposes that the committee contract up to the time of the letter of the Attorney-General, at shall send the bill to the Court of Claims. The committee has no least to an extent not to be complained of, except as to the changes power, of course, to do that. The Chair sustains the point of made by the Government in these vessels. Gentlemen will re· order. member that this was an experimental age in the way of iron and Mr. BARTLETT. I move that the committee report the bill metal construction of vessels, and the Government made changes back to the House with the recommendation that that resolution from time to time for which due allowance should have been pass. made. The CHAIRMAN. The gentleman from Georgia (Mr. BART­ It is true that they paid Mr. Roach what he could have claimed, LETT] moves that the bill be reported to the House With the rec­ possibly, for the changes, but that is not the question here. The ommendation which the Clerk will report. trouble came in the matter of the Atto1·ney-General demanding The Clerk read as follows: that he should not be paid for the Dolphin, but on the contrary Resolved, That the pending bill tor the relief of the heirs of John Roach should restore to the Government almost the entire amount there­ be transmitted (in accordance with the provisions of an act entitled "An apt tofore paid for it. That was the straw that broke the camel's to afford a.ssistanoo and rel:ief to Congress and the Executive Departmentstti the investigation of claims and demands against the Government," approv d back. March 3 1883, and the act of March 2, 1887) to the Conrt of Claims of 6 The CHAIRMAN. The time of the gentleman has expired. United States, together with the vouchers, papers, proofs, and documents Mr. ROBB. I rise, 1\Ir. Chairman, to a question of privi.Jege. appertaining thereto. The CHAIRMAN. As to a matter occurring in committee? The CHAIRMAN. The question is on that resolution. M.r. ROBB. Yes. I refer to a statement growing out of the Mr. DALZELL. Is not that the same resolution that the Chair argument of the chairman of the Committee on Claims, the gen­ has already ruled out of order? tleman from Pennsylvania [Mr. BRUMM]. The CHAIRMAN. The gentleman from Georgia moves tha1 Mr. Cha.innan, I have always understood that it was not proper the committee report the bill to the House with the recommend~ for a member of a committee to refer on the floor of the Honse to tion contained in that resolution, as the Chair understands it. what took place in committee. The gentleman from Pennsyl­ The question was taken; and on a division (demanded by Mr, vania has referred in detail to what took place in reference to BARTLETT) there were-ayes 66, noes 128. this bill in the committee. Now, in VIew of that fact-- Accordingly the motion was rejected. . The CHAIRMAN. This, the Chair thinks, does not present a Mr. BRUMM. I move that the committee rise and r~port th~ question of privilege. . bill to the House with the recommendation that as amended it do Mr. BRUMM. I want time to answer that; and shall proceed pass. to do so at a later period. The question was taken; and the Chairman announced that the Mr. ROBB. I simply want to explain the condition of affairs, ayes seemed to have it. in view of the statement of the chairman of the committee. Mr. McMILLIN. A parliamentary inquiry. Does the gentle­ The CHAIRMAN. The Chair does not think it presents a mat­ man's motion contemplate that the committee rise now? ter of priVilege. Mr. BRUMM. For the purpose of disposing of this bill. The question is on the amendment offered by the gentleman Mr. McMILLIN. I suggest to him that he can move to lay ib from Pennsylvanja [Mr. BRmm], which will be read. aside, to be reported to the Honse later. The amendment was again read. Mr. BRUMM. No; we want to dispose of it now. Mr. RIXEY. Mr. Chairman, I rise to a question of personal Mr. McMILLIN. Then on that motion let us have a division. privilege. The committee divided; and there were-ayes 142, noes! . The CHAIRMAN. The gentleman will state it. The committee accordingly rose; and the Speaker having re-o Mr. RIXEY. In the remarks by the gentleman from Pennsyl­ sumed the chair, Mr. PAYNE, Chairman of the Committee of thE) vania [Mr. BRUMM], he said: Whole House, reported that that committee had had under co~­ It was an afterthought; there is the trouble-some power hidden, that I sideration the bill (S.1116) topaythe heirs of the late John Roacli. know not of and care not to investigate. deceased, 8330,151.42 for labor and material, dockage and det.el11 tion, and occupation of yards and shops for the gunboats Chicago, So far as the remarks of the gentleman refer to me, I want to Boston, and Atlanta, and had directed him to report the sa1p..& state that that is false. back to the Honse with an amendment, and with the recommenda­ Mr. DALZELL. That is not a question of personal privilege. tion that as amended the bill do pass. Mr. BRUMM. I know the gentleman does not mean that. He M.r. BRUMM. I demand the previous question on the bill and ought not to make that statement. amendment to its passage. Mr. RIXEY. I do make the statement. The question was taken; and the previous questiQn was ordered. Mr. BRUMU. I say it is not false, then. The SPEAKER. The Clerk will report the amendment. Mr. RIXEY. I say that it is. The CHA.ffiMAN. Gentlemen will suspend and be in order. The Clerk read as follows: Amend by inserting in line 6, after the words "seventy-seven," the words Gentlemen will be seated. The point of order is made that the "the Secretary of the Treasury be, and he is hereby, authorized and di~ gentleman presents no question of personal privilege. The Chair rected." sustains the point of order. The question is on the amendment The SPEAKER. The question is on agreeing to the amendment. offered by the gentleman from Pennsylvania [Mr. BRUMM], which Mr. GROSVENOR. Mr. Speaker- has just been reported by the Clerk. The SPEAKER. For what purpose does the gentleman rise? The amendment was agreed to. Mr. GROSVENOR. ·I amgoingtoaska. division on thatamen(l., Mr. ROBB. I desire to move, in reference to the bill, the adop· ment. I do not see any need of this amendment, and I do nob tion of the resolution which I send to the Clerk's desk. think it ought to go in. The CHAIRMAN. The Clerk will report the resolution. Mr. BARTLETT. Regular order! Mr. GROSVENOR. I reserve a ,POint of order against it. Mr. BRUMM. It is in order-- The CHAIRMAN. It will be tirile enough to reserve the point The SPEAKER. Objection is made. There can be no discus­ of order aft.er it is reported to the committee. sion. The Clerk read as follows: The question was taken; and the amendment was agreed to. Resolved That the pending bill for the relief of the heirs of John Roach The bill as amended was ordered to a third reading; and it was be transmitted (in accordance with the provisions of an act entitled "An act accordingly read the third time. to afford assistance and relief to Congress and the Executive Departments in the investigntion of claims and demands against the Gove1'11IDent," ap­ The SPEAKER. The question is on the passage. proved March 3, 1883, and the act of March 2, 1887) to the Court of Claims of The question was put. the United States, together with the -v-ouchers, papers, proofs, and docu· Mr. ROBB. Mr. Spea.kel·- ments appertaining thereto. The SPEAKER. For what purpose does the gentleman rise? Mr. ROBB. I move the adoption of that resolution. Mr. ROBB. I tise for the purpose of offering a resolution to The CHAIRMAN. The question is on the resolution. recommit. Mr. DALZELL. Mr. Chairman, what act of Congress is re­ The SPEAKER. The gentleman desires to offer a motion to ferred to in that resolution? recommit. 1898. CONGRESSIONAL RECORD-HOUSE. 3573

Mr. BRUMM. I 1·aise the point that it is too late. ANSWERED "PR.ESENT"-3. The SPEAKER. The gentleman was standing. Ermentrout. Miers, Ind. Zenor. Mr. BRUMM. But we were in the middle of a vote. . The SPEAKER. The vote had not been announced. The gen­ NOT VOTING-86. tleman was standing in his place asking for that. The Clerk will Babcock, Colson, Howard, Ala. Robertson, La. read the motion. Baird, Cooney, Howell. Shuford, · Baker,m Cooper, Tex. Johnson, Ind. Simpson. The Clerk read as follows: Barber, Cowherd. Klng, Smith, Wm. Alden Resolved, That the pending bill for the relief of the heirs of John Roach Barlow, Cranford. Knowles, Sprague, be transmitted (in accordance with the provisions of an act entitled "An act Barrows, Curtis, Kans. Lester, Stallings, to afford assistane.e and relief to Congress and the Executive Departments in Bartholdt, Davis., Lewis, Wash. Stokes the investigation of claims and demands against the Government," approved Berry, Davison, Ky. Linney, Strowd, N. C. .March 3, 1883, and the act of .March 2, mi) to the Court of Claims of the Bland, Dayton, Livingston, Swanson, United States, together with tho vouchers.. papers., proofs., and documents Booze, Dingley, Loud, Tawney appertaining thereto. Botkin, Dorr, Lovering, Tayler, bhio Boutelle, Me. Dri~gs, McEwan, Ta~lor,Ala. Mr. BRUMM. I reserve the point of order that it is not in or­ Bradley, Faris, Mcintire, Todd, der. Brewer, Fenton, McRae, Underwood, Mr. ROBB. My motion is to recommit with the instructions Brosius, Foss, Marshall, Vandiver, Broussard, Fowler, N. C. Mesick, Vehslage, embodied in that resolution. Ca.rmack, Gillett, Mass. Newlands, Walker, Va. Mr. BRUMM. I make the point of order against the motion. Castle, Handy, Ogden, White.m. The SPEAKER. That is not a motion to recommit, the Chair Catchings, Heatwole, Parker, N. J. White,N. a Clark, Iowa. Henry, Tex. Pearson, Wilber. will have to hold. Clarke, N.H. Hicks, Peters.. Mr. ROBB. Then I move to recommit the bill. Codding, Hitt, Quigg, The question was taken on the motion to recommit; and the Speaker announced that the noes seemed to have it. So the bill was passed. Mr. ROBB. Division. The following pairs were announced: The House divided; and there were-ayes 57, noes 14.0. Until further notice: So the motion to recommit was rejected. .Mr. WHITE of illinois with Mr. COWHERD, The SPEAKER. The question is on the passage of the bill. Mr. HlTT with Mr. BERRY. · The question was taken; and the Speaker announced that the For this day: ayes seemed to have it. Mr. GILLETTofMassachnsetts with:Mr. DAVIS. Mr. ROBB. I demand the yeas and nays. Mr. JoHNsoN ·of Indiana with Mr. STALLINGS. The yeas and nays were ordered. Mr. McEwAN with Mr. VEHSLAGE. The question was taken; and there were-yeas 183, nays 83, Mr. LOVERING with Mr. STRAIT. answered "present" 3, not voting 86; as follows: 1\Ir. Wn. ALDEN SlriTH with Mr. BAIRD. YEAS-183. Mr. CURTIS of Kansas with Mr. CATCHINGS. Acheson, Davenport, Kirkpatrick, Ray, Mr. HICKS with Mr. BROUSSARD. Adams, Davey, Knox, Reeves, l\Ir. B.A.RBER with Mr. RoBERTSON of Louisiana. Aldrich Davidson, WIS. Kulp, Richardson, Mr. FENTON with Mr. CASTLE. Alexander, De Vries, Lneey, Robbins, Mr. ACHESo.~ with Mr. LESTER. Arnold~.,, Dolliver, Lamb, Royse, Baker, .LUd. Dovener, Landis Russell, Mr. CLARK of Iowa with Mr. ZENoR. Barham, Eddy, Latim~r, Sauerhering, Mr. You~G of Pennsylvania with Mr. HENRY of Texas. Barney, Ellis, Lawrence, Settle, Barrett, Evans, Littauer, Shannon, Mr. Foss with Mr. McRAE. Beach, Fischer, Lorimer, Shattuc, Mr. COLSON with Mr. UNDERWOOD. BeldenJ Fitzgerald. Loudenslager, Shelden, Mr. CODDIXG with Mr. STOKES. Belfora, Fletcher, Low, Sherman, Mr. CLARKE of New Hampshire with Mr. TAYLOR of Alabama. Belknap~,... Foote, Lybrand. Showalter, Benner ra.. Fowler, N.J. McAleer, Skinner, Mr. BOOZE with Mr. LIVINGSTON. Bennett, Gardner, McCall, Smith, ill. Mr. PARKER of New Jersey with Mr. HANDY. Bingham, Gibson, McCleary, Smith,S. W. Mr. W A.LKER of Virginia with Mr. CARMACK. Bisho:p, Gillet, N. Y. McClellan, Snover, Boutell, m Graff, McDonald, Southard :Mr. LouD with Mr. OGDEN. Brenner, Ohio Griffin, Mcllany, SouthwiCk, Mr. BARROWS with Mr. BLAND. Brewster, Grosvenor, Mahon, Spalding, Mr. BROSIUS with Mr. ERMENTROUT. Broderick, Grout, Mann, Sperry, Bromwell, Grow, Marsh, Steele, Mr. BARTHOLDT with Mr. VANDIVER. Brown, · Gunn, Martin, Stevens, Minn. Mr. DORR with Mr. DRIGGS. Brownlow, Hager, Mercer Stewart, N. J. On this question: Brumm, Hamilton, Meyer, 'La. Stewart, Wis. Bull, Harmer, Miller, Stone, C. W. Mr. BABCOCK with Mr. KING. Burleigh, Hartman, Mills, Stone, W. A. Mr. SWANSON with Mr. MIERs of Indiana. Burton, Hawley, Minor, Strode~ ebr. Mr. CLARK of Missouri. Mr. Speaker, Mr. HANDY requested Butler, Hay, Mitchell, Sturtevant, Cannon, Hemenway, Moody, Sullowo.y, me to state, if the roll was called, that he was summoned away on Ca'{lron, Henderson, Morris., Thorp, import.ant business and is unavoidably absent. Chickering, Henry, Conn. Mudd, Tongue, Mr. DINGLEY. Mr. Speaker, I desire to ask if I am reco1·ded? Clardy, Henry, Ind. Northway, Upd~graff, Cochrane, N. Y. Hepburn, Odell, Van Voorhis, The SPEAKER. Tho Clerk states that the gentleman's name Connell, Hilborn, Olmsted, Wadsworth, is not recorded. Connolly, Otey, Walker, Mass. Mr. DINGLEY. I wish t-o vote "aye." Cooper, Wis. ~er, Otjen, Wanger, The SPEAKER. Was the gentleman present and listening Corliss, Hopkins, Overstreet, Ward, Cousins, Howe, Packer,Pa.. Warner, when his name was called? Cox, Hull, Payne., Weaver, Mr. DINGLEY. I can hardly say that I come within the rule, Crump, Hurley, Pearce, Mo. Mr. Speaker. I was present, engaged in conversation at t~e time, CrumPacker, Jenkins, Perkins, w·w~~!:h, · Pa. Cummings, Johnson, N.Dak. Pitney, Yost, and did not hear my name called. . Curti~1 Iowa Joy, Powers.. Young, Pa. The result of the vote was then announced as above recorded. Dalzell, Kerr, Prince, Young, Va. On motion of Mr. BRUMM, a motion to reconsider the vote Danford, Ketchnm, Pugh, whereby the bill was passed was laid on the table. NAYS-83. Mr. BRUMM. Mr. Speaker, I now move that the House re­ Adamson, Elliott. Little, Sayers, Allen. Fitzpatrick, Lloyd, Shaf:roth solve itself into Committee of the Whole House for the nnrpose of Bailey, Fleming, Love, Sims, ' considering bills 1·eported by the Committee on Claims: BalL Fox. McCormick, Sla;v:den, The motion was agreed to. Bankhead, Gaines, McCulloch, Snnth, Ky. Bartlett, Greene, McDowell, Sparkman, Accordingly the House resolved itself into Committee of the Bell, Griffith, McMillin, Stark, Whole House, with Mr. PAYNE in the chair, for the consideration Benton, Griggs, Maddox, Stephens, Tex. of bills reported by the Committee on Claims. Bodine, Henry~ Miss. Maguire, Stririt Brantley, Hinricnsen, Maxwell, Sullivan, The CHAIRMAN. The House is now in Committee of the Brucker, Howard. Ga. Meekison, Sulzer, Whole House for consideration of bills reported byihe Committee Brundidge, Hunter, Moon, Sutherland, on Claims; and the Clerk will report the first bill. Burke, Jett, Norton, Ohio Talbert, Campbell, Jones, Va. Norton, S.C. Tate, ERIE Iti.ILRO.AD COMPANY, Clark, Mo. Jones, Wash. Osborne. Terry, Clayton, Kelley, Pierce, Tenn. Vincent. Cocbran, Mo. Kitchin, Rhea, Wheeler, Ala. The Clerk read as follows: DeArmond, Kleberg, Ridgely, Wheeler, Ky. A bill (H. R. 700) for the relief of the Erie Railroad Company. De Graffenreid, Lanham, Rix:ey, w illiam.s, Miss. Dinsmore, Lentz, Robb, Wilson. Be it enacted, etc .. That the Court of Cla.ims sha.ll notwithstanding the Dockery, Lewis, Ga. Robinson. Ind. lapse of time, be authorized to take jurisdiction of and adjust the claim of 3574 CONGRESSIONAL RECORD-HOUSE. APRIL 5,

the Erie Railroad Company, successor of the New York, Lake Erie and West­ what the gentleman is stating is intensely interesting, and we in ern Railroad Company and of the Erie Railwa_y Company, for the transporta­ tion of the mails of the United States from January 1, 1874:, to June 30, 1877~ the back rows would really like to hear it. upon routes (old numbers) Nos.l201, 1207, and 1200, said claim being basea The CHAIRMAN. Will gentlemen in the rear of the seats cease upon alleged contracts between the United States of America (acting in that conversation and gentlemen in the aisles be seated? behalf by their Postmaster-General) and the president of said Erie Railway Company, signed and acknowledged by Joh.D. .A. J. Creswell, Postmaster­ Mr. LOUD. Now, Mr. Chairman, the letter of the Assistant General, on the lOth day of January, 1814\ and by P. H. Watson, president of Attorney-General, it seems to me, is sufficient to determine this said Erie Railway Companyj on the 20th aay of April, 1874. claim. I think he says in as plain language as can be expressed that this railroad company has no claim against the Government. Mr. BRUMM. Mr. Chairman, this is simply a bill to refer to In view of the fact that the policy of the Department is not to the Court of Claims a claim of the Erie Railroad Company,. and I enter into contracts with railroad companies, I can not anticipate will ask that the Cler.k read a letter from the Department, which how or why they should enter into a contract in this instance; and will show that the bill ought to pass. if they did, permit to say that at that time they could not have The Clerk read as follows: entered into a contl·act legally to give this railroad company any POST-OFFICE. DEPARTMENT, more than it was entitled to under the law. OFFICE OF THE AsSISTANT ATTORNEY-GENERAL, There are several of these bills before Congress. They seem to Washington, D. C., MarchS, 1888. be scattered all through the committees of this House; some be­ SIR: I have. examined the papers submitted to me in connection with Sen­ ate bill No. 779, for the relief of the New York, Lake Erie and Western Rail­ fore the Committee on Post-Offices, some before the Committee on road Company. Claims, and some maybe in other places. Here is a claim that is The clarm is made on the part of the company, as I underatand, that a con­ twenty-four years old, and which the Attorney-General says in tract was entered into January 10, 1874, between the United States and the railroad company by which a fixed compensation was agreed upon for a spe­ as emphatic language as can be expressed that the railroad com­ cific period. pany has no claim against the Government; and yet Congress, The Department has hitherto claimed that there was no contract executed; without a wo1·d of debate, proposes to send this case to the Court and, as I am informed, none can be found upon the files of the Department. I n.m not prepared to say that no contract was ever in fact made because of Claims. To do what? That is the question-what the Court of none was filed m the Department, nor that the railroad company should be Claims are to do about it. There is some doubt about that. I denied the benefit of a contract which the Postmaster-General in behalf of have not had an opportunity to investigate the bill, and I am free the Government has executed, and which has also been executed by the proper officers of the railroad company, because, having executed it, the to say I think this claim should have gone where similar claims Postmaster-General has failed to file it or enter it in the Department. do go. From the report submitted by the committee it would I should have supposed that under Revised Statutes, section 3950, no pay­ seem that they had not had much opportunity, or if they havE;! ment could have been made under such a contract until it had been executed they have not availed themselves of the means at their command and filed in the Department, as required by Revised Statutes, section ro2, so f.ha t a copy could 15e furnished the Auditor (R. S., section 4.0..1:); but the case to investigate this case. of Garfl.elde vs. The United States (93 U. S., U2) appears to hold differently, Now, there is an allegation that there is a contract here. I at least so far as concernS the right to indemnity upon discontinuance of the should like to ask why inquiry has never been made at the proper service. · In Powers vs. The United States, 10 Court of Claims, 2&J, a contract was place to ascertain whether a contract ever was executed or not? held valid though it had not been filed in the Interior Department, as required I know from some experience in connection with the Post-Office by statute. Department that as to contracts coming under the Second As­ The contract alleged to have been made has been shown me, and it appears to be genuine, executed in due form, under the seal of the Department, sistant Postmaster-General the greatest care has always been ex­ signed by the Postmaster-General, and by the officers of the company. ercised in the filing away of contracts. And I eay without fear of This contra~t provides a fixed compensation of $105 per mile, or $323,595 per successful contradiction, weighing my words, that if a contract year, for the period commencing January 1,1874, and ending .Tune 30 1877. The opinion of Assistant Attorney-General Spence, given upon thlS1 claim, ever was entered into, that matter can not be covered up in the assumes as a fact that no contra~t was executed. With the evidence sub­ records of the Post-Office Department, even if there were a desire mitted to me of the genuine, original documents, I am not prepared to say to cover it up. Not alone does the law 1·equire the filing of the that no such contract was made. Nor is it plain that the contract is invalid for want of power to make it. contract, and, if the contract is accepted, the keeping of that con­ The Postmaster-General could not contract to pay a com}lensation in excess tract forever, but there are other records of contracts accepted of the maximum rate fixed by the act of March 3, 1873 (17 Stat., p. 558)1 but besides the contracts themselves. nothing is shown t.o me which indicates that the rates fixed in the contract Now, the facts in this case evidently are as set forth by the were in excess of the legal rates; that is, that the compensation was greater than the weight of mails at the time would have shown the company en· Assistant Postmaster-General-that this railroad company has titled to. received every dollar to which it was entitled under the law. Of The bill submitted to me I do not think ought to pass. course the Committee on Claims treats this as a very trivial mat­ 1. Because it is a doubtful question whether this contract can be regarded as ever having boon executed so a.'3 to bind the Government. ter, saying that the bill proposes only to refer the case to the Court 2. It is doubtful whether it is valid, even if executed. of Claims. We have heard so often, as if it were a perfectly 3. It is not clear that the service was performed under the contract. It harmless proposition, "The bill only refers the case to the Court certainly was never so regarded by the Departm~nt, but was considered as • recognized service" and paid for under the statute, as I am informed. of Claims." Why, sir, let me say, if you were to be here a hun~ But as there are questions of law involved which appear to me doubtful, dred years from to-day, and if this case should not be determined it would seem to me that a bill permitting the company to test such question before then, this claim will be pushed before Congress with greater in the Court of Claims would be a more proper measure of relief, shoUld Con· wess deem it in the interest of justice to waive the bar of the statute of lim­ vigor then than it is now. Probably the parties directly interested Itations. in this claim are dead; but their heirs will multiply as the years Very respectfully, · EDWIN E. BRYANT, go by, and thus greater vigor will be given to the claim. .Assistant .Attorne1}-General, Post-Office Department. Now, when the Post-Office Department says emphatically that Hon . .A. LEO KNoTT, this railroad company must have received all that it is entitled to Second .Assistant Postmaster-General. under the law, why endeavor to keep in existence and perpetuate Mr. BRUMM. Now I move, Mr. Chairman, that the bill b& the claim? My God! is it impossible to suppress a claim before laid aside with a favorable recommendation. Congress? You can not suppress it even when you pay itt Only Mr. DINGLEY. If I can have the attention of the chairman of a few Congresses subsequently, a claim comes up for something the committee just one moment. All this bill does is to send this additional. I have had some experience on the Committee on case to the Court of Claims, as I understand, to determine whether Claims myself. · I gave four years of hard work to the business or not the contract was binding. of that committee. Mr. BRUMM. To determine whether the contract was bind­ Mr. RICHARDSON. Did the gentleman have any claims him­ ing, or whether or not it was properly filed. It is a legal proposi­ self? . tion entirely. Mr. LOUD. Did I have any claims? Well, I never have passed Mr. DINGLEY. It was not paid because Congress intervened a claim of my own through Congress. I do not think I ever shall during that period and made a fixed rate7 have any myself. And if I ever have introduced a claim, I never Mr. BRUMM. Oh, no; it was because there was some irregu­ had any personal interest in it beyond what the justice and equity larity in the Department in regard to the contract. of the case might demand. The gentleman from Tennessee who Mr. DINGLEY. A statute had been passed in the intermediate asked me that question knows well the history of claims. He period fixing the compensation for carrying the mails. knows that, like Ban quo's ghost, they will not ''down." You pay Mr. BRUMM. If theyhaveaclaimatall,itrestsuponaspecifie­ a claim to-day, and in a few years it is back here smiling. Some· contract and not upon a statute. thing is claimed that was not paid before. Mr. LOUD. Mr. Chairman, I have not seen the report in this In this case, after a lapse of twenty-fom· years, we have a rail­ case, but I know what the policy of the Post-Office Department is. road company coming here and asking for mail pay. And we have The Post-Office Department does not, to begin with, enter into a not a word of explanation. The chairman of the committee and contract with the railroad companies. The railroad companies, other members of the House cry "Votel" c.votet" upon a claim it is true, make verbal agreements, and sometimes written agree­ of $320,000. I think such a claim worthy 9f examination. Of ments, with the Post-Office Department to carry mails within the course the amount is a mere bagatelle to you and me. We can Hmits of the law. I know it is a matter of very small importance pay a claim of half a million dollars and smile-yea, a claim of a to this House now-- million more, and smile again. Mr. WALKER of Massachusetts. Mr. Chairman, I assume that A MEMBER. What kind of a smile? 1898. CONGRESSIONAL RECORD-HOUSE. 3575

Mr. LOUD. The gentleman asks, what kind of a "smile?" I Mr. BRUMM. It simply resolves itself into this: If this com4 sometimes think the people themselves are smiling a sickly smile pany I?-as no case, the coury will certainly not gtant it any rights w~en they contemplate Congress. No system of revenue taxation and will not confer the relief asked for 4ere. If the company has yet devised-! measure my words-that can sustain this Govern­ a good case. it eertainly is entitled to a hearing. At all events, I ment in times of peace. 1t was very easy to tallr about sustaining think these claimants should have the opportunity to present the this Governmentbeforewehad a pension roll of $1150,000,000a year; question to the Corirt of Claims. out when we are staggering under that, I tell you a system of A ME~ER. Beyond question. . taxation, whether it be free-trade taxation or protective taxation, Mr. BRUMM (continuing). They have a tight to. a hearing as is a question that must come to plague the members of thia Con­ to whether there was a contract or not, and whether they have gress hereafter. But it seems this case is a mere matter of" Vote1 any just foundation for their claim against the Government. It Vote!" Only $320,0001 is a right that this company should have to be pei'mitted to estab­ Now, I want the House to understand what the Department lish, if it can establish it, that binding contracts were made and says, and, I think, in as plain language as can be employed. It that they :performed the service- for which they did not receive says that this railroa-d company must, in the ordinary course of compensation. human events, hav:e been paid all the money th~t it was entitled Now, here is what the Postmaster-General says: to under the law. I do not think Congress should refer this case At allevents, I thin)t this claimant should have an opportunity to present to the Court of Claims in order to perpetuate its life after you the question to the Court of Claims to establish, if it can, that bmdmg con­ and I have gone out of Congress and another set of men may be tracts were made, that it performed the service, and that it did not receive here to takej t up and infuse fresh life into it. compensatioh. On none of these questions do I assume to ei}lress an opinion. Mr. BRUMM. My friend from California iB in error when he fiuggests that the Postmaster-General has expressed himself in Under the circumstances, it seellls tome that it-is rather a high· opposition to the passage of this bill. He simply stated that thi.e handed act for any ~entleman on this floor to get up and say that claim ought not to be paid, as presented to the Department, but he does not think this House ought to allow these people the right that it ought to go to the Court of Claims-just where we propose to litigate a question in which they are vitally interested, and se· cm·e, if they can, compensation for a service that th.ey have to send it. already: rendered. That right they can not exercise unless we Mr. LOUD. He raised no objection to. that. I belie~e. Mr. BRUMM. Inaddition to that, we havethe letter of DonM. grant It to them hei·e, and here we have the recommendation of two Postmasters-General in favor of the action proposed, and also Dickinson, another Postmaster-General, saying that this matter this is reported to the House without the dissenting voice of any ought to be sent to the Court of Claims. member of the committee. It seems to me, therefore, that, being My friend is also in error in sayin~ that we made no effort to ascertain from the Department its VIew in regard to thiS claim. a purely legal q~estion, the courts are l>et~r able to dispose of it We have here what is alleged to be a contract. This whole mat­ than my learned friend from illinois, or, indeed, any other member ter involves a simple legal propositi_on-whether under the advice on this floor. of two Postmasters-General, and now under the advice of the Mr. OTJEN. How long has this claim been pending? Committee on Claims, we ought to send this case to the Court of Mr. BRUMM. It aJ?peared here in the Forty-eighth, Forty­ Claims to be decided. That court can examine the case better ninth, Fiftieth, Fifty-fiist, and subsequent Congresses, and has than we can, although they may not be able to do it as well as my been reported in every case favorably. The-recommendation has friend irom California.. bee? that these partie~ s)lo~d be permitted to go to the Court of Mr. LOUD. That would probably be impossible. Clatms and establish thell' rights. Mr. CANNON. I would like to ask my friend from Pennsyl­ Mr. CANNON. Is there not a claim that this railroad com· vania a question in connection with this bill. The Erie Railway pany has alread:y l,'eceived the statut-ory pay for carrying the mails? Company, as I understand it, carried the mail under the provisions A MEMBER. The report admits that. of the law? Mr. BRUMM. That is not correct. One of the questions in· Mr. BRUMM. Yes. volved here, if the gentleman will p~rtpit me, is set out fully in Mr. CANNON. Now, the present law for the compensation of the report and seems to h~ve escaped the attention of gentlemen. the railroad companies was passed, I believe, before 187 4. • This report states that the question involves controverted ques­ Mr. BINGHAM. My recollection is t~t it was passed in 1876. tions of law and facts which may, in justice to the Department I am not able to f;ltate exactly, but tha~ is my recollection. and this railroad company, oo submitted to- judicial investigation Mr. LOUD. No; it was passed in 1873. and determmation. Mr. BINGHAM. In 1871 and 1872 t, as postmaster at Phila­ Mr. CANNON, But have they not already received their stat­ delphia, approved the contracts made with the roads there. lt utOry pay for th& service? may have been 1873, and my memory is probably at fault. I Mr. BRUMM. Not at all. would not pretend to be entirely accurate. ¥r· CANNON. Well, about that~.9r they could have gone to Mr. CANNON. In the Forty-second Congress, as I remember the Court of Clai1ll8 and recovered the sta~tory pay. it. I came in in the Forty-third, and went immediately to the Com~ I ask my friend whether he ha.s any informatiOn as to whether tnittee on Post-Offices and Post-Roads. The law was then in force or not they have received any vay for 9arrying ~h& m1:1ils? both as to compensation and for the cars used-the same law that Mr. LOUD. The letter oftlieAttorney-General says they must is now in force, except that there has been a horizontal reduc­ have received it. tion of 5 per cent at one time and 10 per cent at !1-nother. Mr. GREENE! This is just the ~d of thing tQ. keep this alive. . Mr. BINGHAM. That was done in 1876 ancl1878. Mr. DOCKE.a.Y. What is the a:mount involved in this claim? Mr. CANNON. Now, if at any time since 1873 the Erie Rail­ Mr. CANNON. It is alle!led to be three or four hundred thou- way! or any other railway company, carried the mails, it w~ dqne sand dollars. I do not know how mucli. · under the statute, or there might have been a contract 'Q.ndor the Mr. LOUD. They say $320,000, I think. I caught that in the statute, but it gave no greater or less rate of compensation to the reading. railroa.d company than the statute fixes. Mr. BRUMM. The bill does not specify the amount. Mr. BINGHAM. Unless special facilities wereagd~d. Mr. CANNON. Well, I want to suggest to my friend that he Mr. CANNON. But there were no special facilities at that either let the bill be permanently left upon the.tableor let it be passed time. This was before the period of any special-facility legisla­ over until another sittilig of the- Committee of the Whole, when tion. tP.e matter can be looked into; because I certainly have not, and Now, I repeat that if the Erie- Railway Company performed any I do not think my friend has, that complete knowledge touchi~g service for the Government at any time after 1873 they did it un­ this matter that we ought to have before we p a~s the bill. I have der the law, and when a bill proposes, under an alleged contract, po prejudice against the Erie Railroad. If it has a claim that is which must have been made without authority of law, to send a founded in good conscience, it ought to oo sent to the court. claim of this character to the Court of Claims-if that is the pur­ Jl4r. BRUMM. I want to say t11at, so far as I am concerned, I pose of it-it is, in my judgment, exceedingly unwise to take do not object to tJ:te suggestion made by the gentleman. Of course such action for various reasons, but mainly because the court I can not speak for the whole- committee. might construe such action as conferring upon them some sort of Mr. DINGLEY. Let it be passed over. jurisdiction that does not exist now under the law and would not Mr. DOCKERY. What is the gentleman's suggestion-that it ~xist at all except for this recommendation ori the· part of Con­ oo laid on the table permanently? gress. Mr. YOST. No! not permanently, but that it be passed over. For that reason I think it would be a very unwise thing to . Mr. BRUMM. What is the proposition of the gentleman from adopt the com·se provided here. If this recommendation ia made, illinois? why !t seems to me it ~ould be setting a dangerous preped.ent; Mr. CANNON. I suggest to the gentleman that it be allowed and m any event the bill ought not to pass. If my position is to remain on the Calendar, subject to be called up at some future m ·ong, I am entirely willing to be instructed with reference to dal• And in the meantime the gentleman himself can find out the matter. theracts. 3576 CONGRESSIONAL RECORD-HOUSE. APRIL 5,

Mr. BRUMM. There is no objection to that. I ask the Clerk persons who had been employed and associated with him duting his previous to call the next bill connection with the mint, all of whose integrity had been unquestioned ~n·d he receipted for the large amount of silver dollars a.nd of gold bullion on t .6 The CHAIRMAN. Unanimous consent is asked that the bill be statement of those who had charge that the amount called for by the boo • passed over, to retain its position on the Calendar. Is there ob­ was on ha.nd. jection? Reposing faith in the statements made him, he did not have the large amoun~ of gold and silver bullion and silver dollars wei~hed and counted. There v;a.s no objection. Personall7I have no doubt that all the bullion and com wbi~Colonel BQ~r pyshell reoe1pted for was actuo.lly in the mint at t~t time, a.h tbe embezzl~ OLIVER C. BOSBYSHELL. ment of gold bullion was afterwards committed by Henry s. an, weigH clerk, and who had been connected With the min~ tor over fptty years. The next business on the Private Calendar was the bill (H. R. The superintendent of the mint is of necessity compelled to trust a grea..t; 681) for the relief of Oliver C. Bosbyshell, late superintendent deal to subordinates. Of Colonel Bosbyshell't? personal honesty there is no doubt whatever, and I think it would be a matter of justice if ()Qngrees wollld United States mint at Philadelphia, Pa. pass a bill for his relief, which has been done on several occaSions when em· The bill was read, as follows: bezzlements or losses have occurred in the office of the Treasurer of tlfe United States. Be it enacted, etc., That Oliver C. Bosbyshell, late superintendent of the United States mint at Philadelphia, is hereby relie>ed and discharged from R. E. PRESTON. a.Illiability for the acts of HenryS. Cochran, late weighclei·k of said United States mint at Philadelphia., in the embezzlement or larceny of certain ~old­ Mr. LACEY. 1 should like to ask the gentleman a. question. bullion bars, the p1·operty of the United Stat-es aforesaid. m1d from a.llliabil­ Mr. BRUMM. Yes. ity to account for any and all embezzled or stolen gold-bullion bars by the Eaid HenryS. Cocl:lran as aforesaid, the same having bean without the de­ Mr. LACEY. Does that $10,000 whicl\ has been collected apply fault or negligence of the said Oliver C. Bosbyshell on the $14,000, or is there $14,000 in ad~tion to that 610,000? 1\Ir. BRUMM. The amount covered by the bill is the amount Mr. BRUMM. Mr. Chairman, this bill carries no appropria- which they ask the bondsmen to be exonerated from. I do not tion. It is simply to relieve the bondsmen of reliability. remember the figures. The $10,000 was collected from the proP:. Mr. BINGHAM. Let the report be read. orty of Cochran, and some of the bullion was restored. Mr. BRUMM. I ask for the reading of the report. Mr. BINGHAM. Collected from Cochran and his bondsmen. The CHAIRMAN. The Clerk willrea.d the report. Mr. BRUMM. Yes, and hjs bondsmen. The report (by Mr. BRUMM) was read, as follows: Mr. LACEY. Did the evidence on the trial of Cochran show Tho Committee on Claims, to whom was referred the bill (H. R. 551) for when this embezzlement occurred, whether it wa.s during Mr. the relief of 0. 0. Bosbysholl, late superintendent United Stn.tes mint at Philadeh:ahia, Pa., having given tho same careful consideration, beg leave to Bosbyshell's time or that of the preceding man? report itback to the House with recommendation that it be passed. Mr. BINGHAM. There was no evidence of that on the trial The facts are as follows: beyond the fact that they found some of these very sa.mo gold In 1882, by regular trllllSfer, there was brought from the United States a.ss..1.y office in New York t<> the mint of the United States at Philadelphia a bars hidden by Cochran which were regained by the Govern­ la~e quantity of gold bullion in ba.."S, which bars, for lack of proper stomge ment. The obligation of his bond only covered $10,000, but when facilities, were piled up in one corner of the vault attached to the weigh Mr. Bosbyshell comes to the settlement of the accounts which clerk's room. They remained thus loosely piled until the annual settlement of Jtine, 1887, when the examiner of the Jllint Bureau, now Direct-or of the the;v claim he must settle for, he must settle for the deficiency Mint, Hon. Robert E. Preston, who was making the settlement, directed that which was found to exist in this cage, the seals of which were they be weighed, counted, and placed in a wire cage built across the end of unbroken. That is what his bondsmen would be held for. the vault named. This was done to J>revent the hP.ndling of the bars any oftener than need be. The door of the cago was locked, straps were run Mr. BRUCKER. What was thetotalamountof embezzlement? throogh the meshes of the wires across the o~nings, and seals were IJle.ced Mr. BINGHAM .. Fom'teen thousand dollars is yet in lo~. He thereon to prevent the opening of the same Without destroying the seals. never had control of this CJ'old in any wise. It was in a cage A certificate was attached certifying to the correctness of the count and to the contents, which certificate was signed by Robart E. Preston. Not sealed by the Department. He had access to every other division anything was e;&id or intimated at the time that the gold bullion thus locked of the mint excepting this cage. He had neve1· the keys to the up was for the purpose of coinage, or that it was other than a. TI·ea.sury de­ cage, they being in the possession of the Treasury Department, posit. It remained in the mint unused until September, 1893, a period of over eleven years. and the gold was never deposited there for coinage, for which he At theannualsettlementso.f themintlnl888,1889,1 90,1891, 1B92,a.nd1893the is responsible, but it was deposited there for storage, nnd re­ officials from the Mint Bureau, finding the locks and seals of the cage men mained there eleven years before this investigation was made. tioned intact, gave the superintendent credit for the full amount inclosed, as stated by the certificate attached. It must be remembered, as is stated here, that when these silvel," Oliver C. Bosbyshell as.snmed the position of superintendent of the mint bars that had been piled against the side of the cage were takell of the United States at Philadelphia on the 1st of November, 1859, relieving out it was discovered that there was just an inch open whereby the Hon. Daniel M. Fox. The transfer was made under the direction of the those gold bars could ba pulled out, and Cochran did that. The Burea.u of the .Mint, represented by :Mr. Preston. 'l'he locks and seals UJ?OU the cage containing the ~old bullion were carefully examined, and being testimony on the trial showed conclusively that Cochran was the found mtact, it was cons1dered safe by those ofilcla.lly present for Colonel guilty party, and he is now in the penitentiary. Bosbyshell to receive a.nd receipt for the bullion according to the certificate :Mr. LACEY. One other question. Is the amount be released signed by Mr. Preston, without counting, following the custom of the Wash­ to ington officials in the annual settlements. $4,000 or $14,000. No keys to the cage were ever deli\ered to Colonel BosbyshelL He had Mr. BING HAM. It is what~ver this bill sets forth. access to every other vanlt in the mint, but no access whatever to this cage. Mr. BRUCKER. The bill does not giye the amount. · At the time the bullion was placed in the eage, 1. e., in 1S87, a. spuce of abOut nn inch was left between the bottom of the door and the asphaltum floor, suf­ Mr. BINGHAM. His bondsmen are responsible for the defi· ficient to slide a gold bar, of the size inclosed therein, through. A number ciency. of large silver bars were piled against the cage, covering this opening. When these were subsequently removed a small gold bar was found protruding Mr. LACEY. The report does not seem to show how much the from beneath the door of the ca.ge. The authorities then placed a. heavy amount is which is to be released. plank against this opening, securely fastening it to iron stakes driven in the Mr. BINGHAM. Oh, yes; it specifies. . asphaltum ftoor, as well as to adjoining cages. This was done two months Mr. BRUMM. The amount of the judgment against Colonel before Colonel Bosb:vshell became superintendent. In September, 1893, the cage was opened by orders from the lllint Bure2.u, Bosbyshell is $14,448.20. a.nd in the presence of Government officials from Washington. Mr. LACEY. Did they collect $10,000 on that judgment? There is strong ;presumption from the facts that the theft of bullion oc­ Mr. BRUMM. They collected $10,000 from Cochran's bonds· curred before the mcnmbency of Colonel Bosbyshell, thereby explaining his recetpt. Bars could be removed before the plank was viaced at the bottom men. of the cage, but not aftcrwa.rd.s. unless the plank was disturbed. Mr. LACEY. Then there is only $4,000 remaining? The gold bullion was received by Colonel Bosbyshell, according to the pre­ .Mr. BINGHAM. No; the whole amount. The $14,000 is the cedent established by the Government officia.ls in the accounting at every annual settlement of the mint accounts, subsequent to the sealing up of this remaining amo11Ilt. bullion. Mr. BRUMM. After deducting the $10,000. The su~rintendent of the mint is under the control of the Bureau of the Mr. STE.ELE. Let us see about this. They had silver in the lllint at Washington, so far as the appointment of subordinates and tbe manner and regulation of the mint countings and settlements are concerned. same cage wiJ~Ifld and they sent to Wa.shin~ton for the key. HenryS. Cochran, weigp. clerk of the Philadelphia mint, was convicted of Mr. BING . Oh, no; the authorities m Washington did the theft of the gold bullion in question. The United Stat-es recovered on that themselves. "At the annual settlement of the mint," the his bond $10,000, and in execution against his property. He is now serving a term of imprisonment in the Eastern Poniten~. · seal being unbroken, if the gentleman will read the report. There is no evidence tc show that Colonel Bosbyshell was other than a Mr. STEELE. He was charged with the custody of this prop- faithful, efilcient, and careful officer, and that he did not faithfnlly and dili­ erty. - gently execute and discharge the duties of his office, or that the theft in question occurred through any act of negligence on his part. Mr. BINGHAM (reading)- The amount of the judgment of the United States against Colonel Bosby­ shell is $14,«8.20. At the annual settlement of the mint in 1888, lSS!l, 1800, 1891, 1892, and 1893 the officials f-rom the Mint Bureau, finding the locks and seals of the cage TREASURY DEPA.RTME:r.."T, BUREAU OF THE MINT, mentioned intact, give the superintendent credit for the full amount inclosed. JVashington, D. C., January 16, 1897. as stated by the certificate attached. From the records of the Department it appears that Col. 0. C. Bosbyshell was appointed register of deposits in the mint at Philadelphia in 1869. A few Mr. STEELE. When they took the silver away they put a years later he was a-ppointed assistant coiner, which position he continued plank in. to occupy untill885. when he resigned to accept a. position in the comptroller's office of the city of Philadelphia.. In 1889 he was a.ppoinwd superintendent Qf Mr. BINGHAM. As soon as they took the silver out they tooi the mint. In entering upon his duty a.s superintenaent he found there many this plank and riveted it down, so that it was impossible for th6 1898 .. OONGRESSIONAL · REOORD-HOUSE, 3577 gold to get out. It was done before Bosbyshell went into posses­ for damages and losses incniTed in the construction of the armored sion; so that it was impossible for any extraction to be made. battle ship Texas. Mr. STEEl.LE. But it was made. The bill was read, as follows: Mr. YOUl{G of Pennsylvania. It was ma.de by a man who had Be it enacted, etc., That the Secretary of the Treasury be~d he is hereby.l been weigher for a number of years. directed to pay to the Richmond Locomotive and Machine vv orks the sum ot Mr. BINGHAM. There is no question, there never has been a $69 550.39, out of any money in the Treasury not otherwise appropriated, in full of its claim for damages and losses incurred in the construction of the question on the part of the Department, and it was disclosed at armored battle ship Texas. the trial, that Bosbyshell exercised every possible care and dili­ gence for the protection of the Government. All of this came out Mr. YOST. Mr. Speaker, I think I can present, in a very few in evidence in the trial, and it has never been disturbed during words, the facts upon which this claim is based. ~e Richmond his administration. Locomotive and Machine Works were the contractors for the ma­ The bill was ordered to be laid a.side with a favorable recom­ chinery of the battle ship Texas. The Government was to fur­ mendation. nish the hull. By reason of delay on the part of the Government in getting the hull ready to receive the machinery these con­ C. B. BRYAN & CO. tractors were put to heavy expense. They presented their claim The next business on the Private Calendar was the bill (H. R. to the Navy Department, and the Navy Department audited and 1246) for the relief of C. B. Bryan & Co. adjusted that claim, and its stat.ement is that the Government The bill was read, as follows: was indebted to the Richmond Locomotive and Machine Works to the amount of $80,049.35. Be it enacted, etc., 'Iha.t the Secretary of the Treasury be, and he is hereby, authorized and direct~d to pay to C. B. Bryan & Co., of Memphis, The amount thns allowed by the Navy Department was favor­ Tenn., ont of any money in the Treasnry not otherwise appropriat~d. the ably passed upon by five committees. The sixth committee, how­ snm of $3,643.60, being for the va.lne of a coal barge and 16,968 bushels of ever, the Committee on Appropriations of the Senate, cut out Pittsburg coal, as fonnd by the Court of Claims. three items-that is, for interest, surety, and for insm·ance-and Mr. BRUMM. I yield to the gentleman from Tennessee [M.r. reduced it to 869,550.89. This committee reports in favor of the CARMACKl who reported the bill. · last-mentioned sum, not because they do not believe that the Mr. CAEMACK. Mr. Chairman, I ask for the reading of the claimant is entitled to the full amount found by the Navy De­ findings of the Court of Claims, not the entire report. partment, but because the claimant has agreed to accept this, so The CHAIRMAN. Is that connected with the report? that the matt.er may be settled at once. I ask that the bill be laid Mr. CARMACK. It is a part of the report. On page 2-the aside with a favorable recommendation. bottom of the page. Mr. CANNON. I seems to me "no." I think we had better The Clerk read as follows: have this report read. I have a recollection about this bill, hav­ I, C. B. Bryan, W. W. O'Neil, J. N. Large, and S. P. Large, trading nnder ing looked into it at one time, and I came to the conclusion that the firm name of C. B. Bryan & Co. f;U'e the successors and liquidators of the it was a very debatable bill. It seems to me that- firm so named, which at the time tnis1 claim accrued consisted of said claim­ Mr. YOST. If the gentleman will look at page 11 of the report, ants and of the St. Bernard Coal Company, a corporation created under the laws of the State of Kentucky. at the top, he will find the recommendation of the Department, ll. On or about the 17th day of November, 1879, the said firm, now in liqui­ from the Secretary of the Navy. dation as a.foresaidhwere the owners and possessors of a coal barge, costing Mr. DALZELL. Why not have the repor.t read? $700 and worth at t at date the sum of $250, and of 16,968 bushels of Pittsburg coal laden npon said barge, and worth, at current wholesale rates, the snm Mr. WALKER of Massachusetts. It is a long report. of ~.393.60, said barge so laden being moored at the private landing of said Mr. CANNON. I shall have to ask, in my time, for the reading firm, upon an island in the Mississippi River, a.bont 2 miles above the city of of the report, so I can get time to revive my recollection. Memphis, remote from the channel of navigation and thepnblic landing, and then and long previously used exclusively as a. mooring place for the coal The CHAIRMAN. The Clerk will read the report in the time barges of said fum. of the gentleman. ill. On or about the day hereinbefore named the ana~ boat De R'USSy, Mr. YOST. The gentleman does not want the exhibits read. owned by and in the service of the United States Engineer Department, came into the vicinity of the private landing aforesaid for the purpose of removing It is a long report. a sn~ from the ch&nnel of the river; but the master of said boat, deeming it Mr. CANNON. I looked into this case as rapidly as I could at inadVIsable to bagin the work before the next morning, headed his vessel one time, and made inquiry, and from the examination my recol· toward said private landing for the purpose of tying up over night, and came lection is that my judgment was against the justice of this bill; into the still water a.bont said landing with such speed as to crush, sink, and destroy the barge and landing aforesaid. and now, as it comes up, I must confess that the evidence in the IV. At the time of the collision, fifteen minutes after 5 in the afternoon, it case has faded from my mind, and before I assent to the practical was twilight. Neither the snag boat nor any other boat in the vicinity was passage of the bill I want to revive my recollection about it, and carrying lights, nor was there any necessity for lights. V. The claimants endeavored to recover some of the submerged coal, but a bill of this kind ought not to be passed without consideration. their efforts and expenditures were nnava.iling. Mr. YOST. If the gentleman from illinois will state his olr VI. It does not appear that any payment or satisfaction h2s been made on jections, I think we can meet them. a.cconnt of the losses stated. BY THE COURT. Mr. WALKER of Massachusetts. Is the report long? Filed May 28, 1888. Mr. YOST. The report is short, but the exhibits are long. A trnecopy. The CHAIRMAN. Does the gentleman from illinois desire to •rest this 7th day of June, 1888. [SEAL.] JOHN RANDOLPH, have the report read? AMistant Clerk Court of Claims. Mr. CANNON. Yes. Mr. EVANS. Mr. Chairman, I want to make a suggestion. It Mr. CARMACK. I wish to say in regard to this bill that there is manifest from the length of this report that it can not be read is a unanimous report of the committee ill favor of the bill. before 5 o'clock, when we shall take a recess. I want to suggest to There have been several reports from the Committee on Claims in the gentleman that for that reason this bill can go over without previous Congresses. The bill was introduced in the Forty-ninth prejudice. Congress, referred to the Court of Claims, and the findings have Mr. LOUD. Mt'. ·ohairman, I want to state that I was unable been read by the Clerk. There was a nnanimons report in the to get a report. I tried to get one, and I was told that they were Fiftieth, Fifty-first, Fifty-second, and Fifty-fourth Congresses. exhausted. I ask that the bill be laid aside with a favorable recommendation. Mr. YOST. That is not our fault. Mr. LOUD. I would like to ask the gentleman, while the find­ Mr. EVANS. I want to suggest that we agree to pass the bill ings of the court seem to be perfectly clear, why did not those over without prejudice and have the report reprinted. parties go into court and sue before? Mr. DOCKE.RY. What is the next bill on the Calendar? Mr. EVANS. Because they had no authority to do so. Mr. EVANS. The next bill is one that I want to make an ap. Mr. LOUD. Why not? peal to the House for. fLaughter.] Mr. EVANS. Because the court had no jurisdiction? Mr. BRUMM. I want to say that I had agreed to ask that the Mr. CARMACK. They could not go into court except by an committee rise at a quarter of 5 o'clock, so that we now have only act of Congress. This is an action sounding in tort. thirteen minutes. Mr. STEELE. What excuse did they have for putting so much Mr. EVANS. That is the reason I asked to have the bill go coal in an old dilapidated barge? over. Mr. CARMACK. At that time the Court of Claims had no ju­ M.r. BRUMM. Well, Mr. Chairman, let the Clerk proceed with risdiction of this claim. the reading of the report. - Mr. LOUD. The findings seem clear. [Cries of "Vote!" The Clerk began the reading of the report (by M.r. YosT), as "Vote! "1 · follows: The bill was ordered to be laid aside with a favorable recom­ The Committee on Claims, to whom was referred the bill (S. 1183), entitled mendation. "A bill to pay to the Richmond Locomotive and Machine Works its claim for damages and losses incurred in the construction of the armored battle RICHMOND LOCOMOTIVE .AND MACHINE WORKS. ship Texas," respectfully report the same, with the recommendation that it do pass. The next business on the Private Calendar was the bill (S. 1133) This bill passed the Senate during the Fifty-fourth Congress, but failed to to pay to the Richmond Locomotive and Machine Works its claim pass the House of Representatives, though it was favorably reported to that - .. .-

3578 CONGRESSIONAL RECORD-HOUSE. APRIL 5,

body fromits Committee on Claims. A copy of said feJ?Ort to the House of built by the Richmond Locomotive and Machine Works. In this behalf the Representatives (Re:Rort No. !!286) is submitted hereWith as a part of this said com,pany respectfully submits the following statement of facts: 1-eport, giving the full history and merits of the claim. In. re~onse to Government offers for bids~ construct, aecording to the specifications, the machinery. of the U. S. armored battle shi:p Texas, the Richmond Locomotive and Machine Works was the lowest b1dder out of six bids that were presented, and obtained the contract at the price of $63-i,OOO [House Report No. 2286, Fifty-fourth Congress, first session.] under date of May 30, 1889. The work was to be completed and put into the Mr. GRAFF, from the Committee on Claims, submitted the following re­ ship in three and a half years. The Government undertook to bnild the hull port: in which this machinery was to be placed. The "Committee on Clalms, to whom was referred Senate bill3269, beg leave. About the time of the execution of the contract the attention of the then to report: Secretary of. tp.e Nav-Y, Ron. B. F. Trac~, was called to th.e fact that there After full inves}!gation lour committee find that the Richmond ):.ocomo­ was no proVISlon for aamages to the builders of the machinery in the event tive and Machin~) Works, o Richmond, Va., byeontractwith the Government that the .Govern!-Dent failed to have th~ hull completed to receive the ma­ of ~he United States, of date Ma.yBO, 1889, became contractors for the con· chinery m due time. The Secretary refused to consider any amendment to struction and delivery of the machinery for the United States armored bat­ cover this suggestion, and ridiculed it as an unreasonable and preposterous tle shiJ! Texas, which was to be built by the Government at the Norfolk proposition, and refused to allow it to be put into the contract. Navr-Yard, Ya. The Government, tipon its part, was to construct the hull The facts now are that the hull is not yet completed, and the final trial of of said vessel. the machinery on a free route, which the contractors are entitled to, can not Und~r the terms of the contract, the contractors were placed under heavy in all ~robability be had for a year or more. bonds, in which forfeitures and penalties were ~mply provided, requiring OWing to a disastrous fire destroying much of the buildings and machinery them to have completed said machinery and to commence the erection of the of the works and at the same time much of the work done for the Texas, tha same on board the Texas on November 00, 1891. On account of a very disas­ Department granted an extension of eight months to the Richmond Locomo­ trous fire at the works of the contractors pending the construction of said tive and .Machine Work~ on its contract. machinery, and by which a large amount thereof was destroyed, the time In order that the machinery might be tested before the payment of the within which the machinery was 0 be constructed and erected was extended la-st installment, not including the reserve of 10 per cent which remained until July 30, 1893. The contractors claim that they performed their contract with the Government, the Government J>8l'IDitted a dock trial of the Texas in all respects, but that they were subjected to considerable and unreason­ to be had at the Norfolk Navy-Yard on tbe l.Zth and 15th of May, 1894:. able delay and to additional expenses and damage in the completion of the At this trial the machinery indicated greater power than was required for machinery under their contract by reason of the failure on the part of the the dock trial. Durin_g this trial, and while the ship was not under the con­ Governmont to complete the hull of the Texas in time to allow the machinery trol of the Richmond Locomotive and Mac~e Works, the current CI'eated to be finished and tested as required. by the propeller drew in the schooner H. W. Slicer from the stream and sUnk her, on account of which this company has had to pay damages amount­ ing tosooo. · Mr. CANNON. Now, Mr. Ch~irman, as I have the floor I want By an agreement entered into on the 26th day of December,l894, between to stop right there and ask a question. It seems that the Govern- the Richriwnd Locomotive and Machine Works of the first part and tha . ment extended the time within which the machinery was to be United States, represented by the Secretary of the Navy, of the second part, the contract of .May 00, 188!), for the construction of the machinery of iha constructed because of the misfortune of the contractor. Is that U. S. armored battle ship Texas was modified. Among the recitals the fol­ correct? · lowing occurs: Mr. YOST. Yes. Whereas in view of the fact that the completion of said machinery has been further delayed by reason of the failure of the party of tho second part Mr. CANNON. And now they come.and claim that after that to complete the hull of the Texas, and in view, also, of the f~Jct that the ful­ extension the Government did not furnish the hull exactly on fillment of said contract on the part of the party of the first part would still time. further be hindered by the completion of the vessel, the party of the second part has. upon the request of the party of the first part, consented to accept · Mr. YOST. If the gentleman will read further on in the report the machinery at this time instead of waiting for the completion of the he will find that the Government itself g9t the full benefit of that same. * * * extension, and nothing is cJaimed for it at all That time was not This settlement was made, but the party of the first part was required to give bond and security that whenever the shii> should be completed a. trial of allowed in the computation. On page. 8 the gentleman will find the machinery on a free route should be had, as first contemplated by the in a letter from the Secretary of the Navy a paragraph relative to contract and subject to the conditions and provisions described therein; a.nd this point. that any deficiency in horsepower or any expense incurred by the Govern­ ment by the breaking down or deterioration of the machinery in part or Mr. CAN~ ON. Who wrote the letter? p~rts thereof shall be made good by the- Richmond Locomotive and Machine Mr. YOST. The Acting Secretary of the Navy~ Mr. McAdoo. Works. Mr. CANNON. Well, that occurred to me as we were passing Mr. BRUMM (intelTupting the reading of the report). Mr. along, and we will get at it later on. Chairman-- Mr. YOST. The gentleman's objection is fully covered on The CHAIRMAN. Does the gentleman from illinois yield? page 8. :Mr. CANNON. In a moment. I notice on page 4 of this bill, The Clerk proceeded with the reading of the report, as follows: and I have got to revive my recollection of it by reading the re­ A statement in writing setting forth the claim of the contractors, made by port, that it seems that after this delay that upon the statement Mr. W. R. Trig&", president of said comvany, accompanies this report, marked of the Richmond Works, the contractors, a settlement was made. Exhibit A. This fully presents the VIew of the contractor. The amended Mr. BRUMM. I do not care to discuss the merits of the bill at bill accompanying this report was submit¥ed to the honorable Secretary of the Navy by the Committee on Naval.A1Iall'S with the request that hewould this time. I promised to ask the committee to rise at fifteen min­ furnish such information and advice in the premises a.s might be deemed utes to 5. Complaints are made that the reports are exhausted, and ~roper. His letter in response is herewith filed_as part of this report, marked before asking the committee to rise I wish to ask that the report Exhibit B. By this it will be seen that it is admitted that the contractors be printed in full in the RECORD, so that members may have the w~re subjected to delays and additional expense in the construction of the machinery by reason of the failure of the Government to complete the hull report. in time to allow the machinery to be placed and tested. Mr. CANNON. My friend, Mr. WALKER, suggests .that that The Navy Department bas audited and adjusted the claim of said locomo­ will cost more money, but if he will take the report and read it tive works m conformity with House bill No. 8600, and its letter and audited ~tatement, together with other P~JF.:-b~ returned therewith, are herewith filed he will find tha.t the matters were settled; and if that is so, he w.ll as a part of this report, marked "bit C. From this document it appears not begrudge the reprint of the report. that the chiefs of the BlU'eaus of Construction and Repair and Steam Engi­ Mr. WALKER of Massac4usetts. I do not begrudge the ra. neering r~port upon and allow the claim of the- Richmond Locomotive and Machine Works as follows: print of the report at all. I know the report is just, and I would like to see the bill pass. Summary of claims as allowed. Mr. CANNON. My opinion is that, while my friend from Mas­ sachusetts may think it is a just claim, so far as his technical knowledge of the ~laim is concerned, what he does not know about it would make a book. [Laughter.] ~~[2~1\\~~~i\~~~i~~~iii~~jj~~tiiii~tiiiiiti\iii~~~~:~~~j 1. m: i Mr. WALKER of Ma-ssachusetts. What each of us does not Security----·-----·------·------·· •••••• ------·-··----· (i()(). 00 know about anything would make quite a book. [Laughter.] Mr. BRUMM. I ask unanimous consent that the full report be Total ••..•• -·----·--· ---... -···-·····. ------· ------80,049. 35 printed in the RECORD, This amount was thus allowed by the. Navy Department and favorably pal?Sed upon by five committees. The sixth committee, however-the Ap. Mr. CANNON. No; not in the RECORD. Let it be reprinted propriationa COmmittee of the Senate-but recently struck out the items of as a document. mterest, insurance, and surety, thereby reducing the amount allowed to the Mr. BRUMM. Well, I ask unanimous consent that it be re­ sum of ~69,550.39, in which this committee concur. Not that the entire $80- 049.35 is not justly dne but the owners of the Richmond Locomotive and printed as a document. · Machine Company havmg1 agreed to accept the smaller amount in order to The CHAIRMAN. The committee has no authority to order secure an immediate settlement, your committee recommend that said Sen­ the reprint of a document; that will have to be done in the House. ate bill3269-do pass. Mr. BRUMM. Then, Mr. Chairman, I move that the commit­ tee do now rise. ExllrniT A. The motion was agreed to. The committee accordingly rose; and the Speaker having re­ The claim of the Richmond Locomotive and Machine W&rks against the United States tor deW.iJ by the Government in completing the huU of the U. 8. sumed the chair, Mr. PAYNE, Chairman of the Committee of the armored battle ship Texas. Whole, reported that the Committee of the Whole House had had The Richmond Locomotive and Machine Works asks that an act be passed under consideration House bill 581 and House bill 1246, and re­ authorizing the Secretary of the Na,vy to audit the claim of the Richmond ported the same back without amendment with the recommenda­ Locomotive and Machine WorkS, and allow such an amount as he may think tion that they pass; that the committee had also had under j11st to be paid to said works for damages to it by reason of the failure of the United States GO'\Ternment to cotnplete, accordtilg to its agreementl the hull consideration Senate bill1133, an act to pay to the Richmond Lo­ of the U. S. b.hnored battle ship Texas, the machinery of which nas been comotive and Machine Works the claim for damages and losses 1898. CONGRESSIONAL RECORD-HOUSE. 3579

hereinafter described, at the sale made by the marshal of the northern dis­ incurred in the construction of the armored battle ship Texas, trict of Georgia under and by virtue of a fieri facias issued from district and had come to no resolution thereon. court of the United States for the northern district of Georgia on the 31st OLIVER C, BOSBYSHELL, day of January, 1890, and purchased by the United States on the 3d day of March, 1891, the day of sale, at Atlanta, Ga., sold as the property of Alexander The first bill reported by the Committee of the Whole was House M. Mauldin to satisfy said execution. namely, 200 acres of land, lots nn.m be red bill581, a bill for the relief of Oliver C. Bosbyshell, late superin­ 310 and 311 in the eighteenth district and first section of Towns County, Ga. .~ is hereby released and acquitted in favor of Frank Loyd, his heirs ana tendent United States mint, Philadelphia, Pa., which was ordered assi~ns, upon thevayment to the Solicitor of the Treasury of all costs incurred to be engrossed and read a third time; and being engrossed, it was by tne United States in obtaining judgment against said Alexander M. Maul­ read the third time, and passed. din, and in bringing said land to sale and in advertising and selling the same. C. B. BRYA.N & CO, The amendments reported by the Committee on the Public Lands were read, as follows: The next business reported from the Committee of the Whole Insert in line 17, page 2, after the word "cost," the--following: "and ex­ on the state of the Union was the bill (H. R. 1246) for the relief pense." of C. B. Bryan & Co. Also amend by adding, after the word "same," in line 19,page 2, the follow­ The bill was ordered to be engrossed and read a third time; and ing: "And ahlo all costs in case of United States against Benjamin Church it was accordingly read the third time, and passed. for retailing." On motion of :Mr. BRUMM, a motion to reconsider the votes by There being no objection, the House proceeded to the consider­ which the two bills reported from the Committee of the Whole ation of the bill. on the state of the Union were passed was laid on the table. The amendments reported by the committee were agreed to. The bill as amended was ordered to be engrossed and read a RICHMOND LOCOMOTIVE WORKS. third time; and it was accordingly read the third time, and passed. Mr. BRUMM. I ask that the report on Senate bill 1133, in re­ On motion of Mr. TATE, a motion to reconsider the vote by gard to the Richmond Locomotive Works, be reprinted. The which the bill was passed was laid on the table. edition already issued seems to be exhausted. There being no objection, it was ordered accordingly. S&';ATE BILLS REFERRED, Under clause 2 of Rule XXIV, Senate bills of the following titles LEAVE TO PRINT. were taken from the Speaker's table and referred to their appro­ Mr. BRUMM. I ask that I may be permitted to extend my re­ priate committees, as indicated below: marks in the RECORD on Senate bill No. 628, to pay the claim of S. 4332. An act to amend an act making approprjations for the the executors of John Roach. construction, repair, and preservation of certain public works on There being no objection, leave was granted. rivers and harbors, a.nd for other purposes, approved June 3, IMPROVEMENT OF HUMBOLDT HA.RBOR, CA.LIFORNIA. 1896-to the Committee on Rivers and Harbors. Mr. BARHAM. I ask unanimous consent for the present con­ S. 2677. An act for the relief of the University of Kansas-to sideration of the joint resolution (H. Res. 119) for the improve­ the Committee on Claims. , ment of Humboldt Harbor, California. S. 4190. An act authorizing the Secretary of the Interior to issue The joint resolution was read, as follows: a permit to the American Invalid Aid Society, of Boston, Mass., to occupy and use 160 acres of land, being part of the abandoned Resolved ay the Senate and House of Representatives, etc., That the Secre­ tary of War be, and he is hereby, requested to submit detailed estimates Fort Stanton Military Reservation, in New Mexico, for the pur­ from information now on file of the costs for the proposed dredging and im­ pose of a national sanitarium for the treatment of pulmonary dis­ provement of Humboldt Harbor California, as contemplated by the river eases-to the Committee on the Public Lands. and harbor act of June 3, 1896, and by the report of Cassius E. Gillette, cap­ tain of engineers, submitted to Congress in the report of the Chief of Engi­ S. 1183. An act for the relief of John Green-to the Committee · neers. on Pensions. The SPEAKER. Is there objection to the present considera­ S. 3515. An act granting an increase of pension to Mary L. tion of this joint resolution? Page-to the Committee on Invalid Pensions. Mr. DINGLEY. Is thisanimprovementwhichhasbeenauthor- S. 2036. An act to increase the pension of Mary C. Cook-to the ized by any river and harbor act, or is it a new improvement? Committee on Invalid Pensions. Mr. BARHAM. It is a new improvement. S. 3474. An act granting a pension to John C. Brown-to the Mr. DINGLEY. IB this merely a proposition for a survey? Committee on Invalid Pensions. Mr. BARHAM. Simply for an estimate. The survey is waived. S. 1071. An act granting a pension to Abigail R. Ellet-to the Mr. DINGLEY. If this is a proposition for an estimate for an Committee on Invalid Pensions. ·improvement not yet authorized, I suggest that the usual provi­ ENROLLED BILLS SIGNED. sion be added for a report from the War Department upon the The SPEAKER announced his signature to enrolled bill and question whether such an improvement should, in the judgment joint resolution of the following titles: of the Department, be undertaken by the Government. S. R. 129. Joint resolution relative to suspension of part of sec­ Mr. BARHAM. The War Department has already recom- tion 355 of Revised Statutes, relative to erection of forts, fortifica­ mended the improvement. . tions, etc. l'Jr. DINGLEY. If the improvement has been recommended S. 771. An act to incorporate the National Florence Crittenton already by the War Department, of course there is no occasion Mission. for the amendment I have suggested. Mr. CANNON. Will notanestimatecomeherein the ordinary TEXAS STATE FA.IR A.ND EXPOSITION. COUrEe of things? Mr. BURKE. Mr. Speaker, I ask unanimous consent for the Mr. BARHAM. Not at all. There is no necessity for a sur­ present consideration of the joint resolution (H. Res. 14) author­ vey, and that is waived, thus saving the Government about $500. Izing articles imported from foreign countriesforthesolepurpose This resolution calls simply for an estimate. of exhibition at the Texas State Fair and Exposition, to be held at Mr. CATCHINGS. This is a ca.se where the War Department Dallas, Tex., in 1897, to be imported free of duty, under regula­ does not need a survey in order to make an estimate; but an tions prescribed by the Secretary of the Treasury. estimate can not be submitted without the authority of Congress. The SPEAKER. The joint resolution will be read, subject to Mr. DOCKERY. I should like to know whether the Chief of the right of objection. Engineers has expressed any opinion as to the desirability of this The joint resolution was read, as follows: Re.solved, etc., That all articles which shall ba imported from foreign coun­ work? tries for the sole purpo~e of exhibition at the Texas State Fair and Exposi­ Mr. CATCHINGS. According to my understanding, he has; tion. to be held at Dallas, Tex., in Octobf\r, 1897, upon which there shall be a and he can make an estimate without going to the expense of a tariff or customs duty shall be admitted free of payment of duty, customs fees, or charges, under such regulations as the Secretary of the Trea.roperty Mr. CATCHINGS and Mr. BARHAM. Yes, sir. imported for and actually on exhibition in t he fair and exposition buildings If or on their grounds, subject to su ch regulations for the security of the reve­ Mr. DOCKERY. he approves the work, of course it is not nue and for the collection of import duties as the Secretary of the Treasnry necessary to add the usual proviso. shall prescribe: .Pr·ovided, That all such articles, when sold or withdrawn for There being no objection, the House proceeded to the considera­ consumption in the United States, shall be subject to the duty, if any, im­ tion of the joint resolution, which was ordered to be engrossed posed upon such article by the revenue laws in force at the date of importa­ tion, and all penalties prescribed by law shall be applied and enforced against and read a third time; and it was accordinglyread the third time, Sll;Ch articles and against the persons who may be guilty of any illegal sale or and passed. Wtthdrawal. On motion of Mr. BARHAM, a motion to reconsider the last SEc. 2. That for the purposes of the execution of this act Dallas, •rex., may, in the discretion of the Secretary of the Treasury, ba a port of delivery in vote was laid on the table. t.he customs collection district in which it is situated. FRANK LOYD, The Committee on Ways and Means recommend the adoption of Mr. TATE. I ask unanimous consent for the present consid­ the following amendment..<~: eration of the bill (H. R. 7318) for the relief of Frank Loyd, of Amend the title to rea.d: Georgia. "Joint resolution authorizing articles imported from foreign countries for the sole purpose of exhibition at the Texas State Fair and Dallas Exposition, The bill was read, as follows: to be helc"l at Dallas, Tex., to be imported free of duty, under regulations pre­ Be it enacted, etc., That the title acquired by the United States to the land scribed by the Secretary pf the Treasury." 3580 CONGRESSIONAL RECORD- HOUSE. APRIL 5,

In line 5, before the word "Exposition," insert the word "Dallas." In the The bill was read, as follows: same line, after the word "Texas," strike out "in October, 1897." Be it enacted. etc., That the Secretary of the Interior be, and he is hereby The SPEAKER. Is there objection to the present considera­ authorized and directed to place on the pension roll, at the rate of S12 per tion of the joint resolution? month, the name of Myntie L. Hamilton, Widow of Jesse B. Hamilton late of :Mr. DINGLEY. Before consent iB given, Mr. Speaker, there Company A, First Regiment of the Wisconsin Cavalry. ' is another amendment to this resolution which the committee re­ The following amendments recommended by the Committee on ported, and which has not been read. Invalid Pensions were read: Mr. PAYNE. The amendments which have been read are not From lines 4 and 5 strike out the words "at the rate of $12 J:>er month." Add at the end of line 7 the following: "and pay her a pens1on at the rate the only amendments which were agreed to in committee. of 12 per month." Mr. BURKE. I was going to ask to have the committee's re­ ~end the ti.tle so it will read: "A bill granting an increase of pension to port read, which sets out in fnll all the amendments agreed upon. Myntie L. Hamilton." Mr. PAYNE. One of the amendments of the committee fixed a Mr. T~ERT . Mr. Chairman, I think that the reports ought different date from that read. Let us have the committee amend­ to be read m these cases, so that the House may know what it is ments reported. voting upon. I think it iB in order that the report should always Mr. BAILEY. Let me interrupt the gentleman for an inquiry. be read. lli. PAYNE. Certainly. The CHAIRMAN. The report will be read in the time of the Mr. BAILEY. Does this report come from the Committee on gentleman from South Carolina [Mr. T.A.LBERTl. Ways and Means? The report (by Mr. CASTLE) was read, as fol.Iows: Mr. PAYNE. Yes. The Co~it~ on Invalid Perupons, to wh9m was re~erred the bill (H. R. Mr. BATI..tEY. I am not going to object to the unanimous con­ 2800) grantmg an mcrea.se of pension to Myntie L. Hamilton, have examined sent asked for by my colleague. I did not attend the meeting of the same and the evidence relating thereto and respectfully report: This bill proposes to increase from S8 per month to $12 the pension of Myn­ the committee, but I wish to state that I am just as much opposed tie L. HamiltoEt of Michigan, the widow of Jesse V. Hamilton, late of Com· to an exposition in Texas at governmental expense as in Omaha. pany A, First wisconsin Cavalry who served from September 11,1861, to De­ Mr. PAYNE. If the gentleman had been present, he would cember 2, 1862, and was honorably discharged on surgeon's certificate of disability, on e.ccount of "chronic enteritis, emaciation, aumm.ia, softening have had an opportunity to vote with me on that question. I of the structures of the heart, occasioning great embarrassment in the clrcu· also voted against it. lation of the blood." Mr. DALZELL. I wish to say that I was opposed to this propo­ The soldier filed and established a claim for pension on account of disease sition myself. and partial deafness of both ears, and was J?~nsioned therefor at S4 from (late of discharge· W from December 14, 1881; $1.2 fl'om June 8, 1886; 14: from No­ Mr. PAYNE. But the point that I was making is that what vember 15, 1SS7; $18 from August 27, 188S; reduced to $17 from March!, 1&12. has been read by the Clerk are not the committee amendments. He filed a claim under the general law for chronic diarrhea, disease of Mr. DINGLEY. Let us have the bill read as reported by the stomach, liver, bowels, and urinary organs, and :malaria. but that claim was rejected November 10,1893, on the ground that the evidence was not satis- committee. factory to establish origin or continuance. · Mr. PAYNE. In the first place, the date was changed from Soldier committed suicide by drowning September 9, 1892, and on Sep­ 1897 to 1898. But the bill as read and proposed to be amended tember 27, 189'..3, the widow filed a claim under the generallaw~eging that the soldier drowned h.imself while insane and that the insanitoy was-due to leaves it open for all time to come. the diseases and disabilities contracted in the sen1ce. On the same date a Mr. BURKE. I ask the Clerk to read the report from the Com­ cle.im was filed under the a.ct of June 21, 1890, which was established, and mittee on Ways and Means. claimant was (rl"anted a.nd is now drawing S8 per month, with the usu:ll :U­ lowa.nce for mmors. Mr. PAYNE. And the committee amendments required the The claim under the general law appears to have been overlooked or • State Fair Association to reimburse the United States for every ignored, a.s it has never been adjudicated, and the claimant has failed to fur­ dollar of expense, including the salary of special officers. . That nish satisfactory evidence to connect death with service; in fact, it would in J>robably be impossible to furnish evidence that would be accepted at the does not appear the bill which has been read. Pension Office to prove that soldier's death from suicide was due to his serv­ Mr. BURKE. But the report of the Committee on Ways and ice.J... although such is probably the fact. This case is on all fours With that Means, which I hold in my hand, shows in full what the action ·of .Harbara. Miller, which has already passed both the House and the Senate. t-'la.imant was married to the soldier in May, 1857, is about 60 years of age, was. has no income or means of support except her pension of SS per month, and Mr. DINGLEY. I ask to have the bill and amendments re­ has three children under 16 years of age and one 17. ported. Your committee therefore report the bill back with the recommendation Mr. STEELE. I regret to call attention to the fact, but it is 5 that it pass when amended as follows: From lines 4 and 5 strike out the words "at the rate of m per month. n dclock. Add at the end of line 'i the following: "and pay her a pension at the rate The SPEAKER. The gentleman from Indiana calls attention of S12 per month." to the fact that the hour of 5 o'clock has arrived, and under the Amend the title so it will read: "A bill granting an increase of pension to rules the House will stand in recess until 8 o'clock this evening. Myntie L. Hamilton." The Chair will appoint the gentleman from Illinois [Mr. CoN­ Mr. TALBERT. Mr. Chainnan, the report here states that the NOLLY] to act as Speaker pro tempore at the evening session. soldier's death from suicide was not due to service origin, or any· thing of that sort. Mr. RAY of New York. No, I beg the gentleman's pardon. It EVENING SESSION. states that snch was probably the fa~t, but that legal evidence The recess having expired, the Honse was called to order at 8 satisfactory to the Pension Bureau can not probably be adduced o'clock p. m. by Mr. CoNNOLLY, as Speaker pro tempore. at this late day. On the examination of this evidence the com­ The SPEAKER pro tempore. The Clerk will read the rnle mittee were satisfied that because of these diseases from which he under which this session iB held. suffered, which did affect the brain, he became insane. The Clerk read as follows: .Mr. TALBERT. It says here: The House sha.Il on each Friday at 5 o'clock p. m. take a recess until 8 Failed to furnish S3tisfactory evidence to connect the death With service. o'clock, at which evening session private pension bills, bills for the removal of political disabilities, and bills removing charges of desertion only slu).ll Mr. RAY of New York. That is true. He committed suicide be considered; said evening session not to e:rlend beyond 10 o'clock and 00 by drowning. The question is whether or not that insanity which minutes. caused him to commit suicide was produced by these diseases, all Mr. TALBERT. Mr. Speaker, I ask that all bills for the re­ conceded to be of service origin. At this late day it is almost im· moval of desertion be passed over to-night. possible to get before the Pension Bureau the necessary legal evi­ The SPEAKER pro tempore. Is there objection to that request? dence to establish the facts, but on a careful review of the evidence Mr. BROWNLOW. I ask the gentleman from South Carolina the committee were satisfied, morally certain, that he did become that after the conclusion of the pension bills, then we take up the insane because of the diseases which he contracted in the service, charges of desertion. That is the main ground upon which we reported the bill. Mr. TALBERT. My object is that the bills for original pen­ The amendments reported by the committee were agreed to. sions be reached fu·st. The bill as amended was ordered to be laid aside to be reported Mr. BROWNLOW. I am willing that we go ahead until we to the Honse with a favorable recommendation. conclude the consideration of pension bills, and then take up the WILLJ..ll[ TAYLOR. bills for the removal of desertion immediately following them. The next business on the Private Calendar was the bill The SPEAKER pro tempore. Is there objection to the request (H. R, as modified? 752) granting an increase of pension to William Taylor. There was no objection. The bill was read, as follows: Be it enacted, etc., That the Secret-ary of the Interior be, and he is hereby~ And then, on motion of Mr. RAY of New York, the House re­ authorized and directed to place the name of William Taylor, late of Com· solved itself into the Committee of the Whole for the purpose of pa.ny D, Fom·teenth Regiment of Wisconsin Volunteers, on the pension roll, considering bills on the Private Calendar, under subdivision 2 and cause to be paid to him a pension of $30 per month, in lieu of the pen.

In line 7 strike out the words "of thirty" and insert in lieu thereof "at spirit echoes of 266 of our noble officers and seamen, American the rate of twenty-four." citizens, murdered1 if not by Spanish authority, by Spanish treach· The CHAIRMAN. The question is on the adoption of the ery, comes to us from the ground or from the muddy waters of amendments proposed by the committee. Havana Harbor, pleading, if not for vengeance, at least for settle­ Mr. TALBERT. Mr. Chairman, I should like to have the first ment and speedy punishment. part of the report read. It is a long one. I do not want all the What shall we, a great and powerful liberty and justice loving accompanying documents read. people, do about it? If the independence of Cuba can not be secured The CHAIRMAN. The Clerk will read the report in the time without war, then let war come-the sooner the better. A hostile of the gentleman from South Carolina. fleet now approaches American waters, and further delay may The report (by Mr. W A.RNER) was read, as follows: mean a much longer and more disastrous war. Looking at the The Committee on Invalid Pensions to whom was referred the bill (H. .R. matter from the standpoint of patriotism, honor, justice, and even 7i2) granting an increase of pension to William Taylor, submits the following mercy, ''Why halt we between two opinions? If the Lord be God, report thereon: serve Him; if Baal, then se1·ve him." May the God of nations This bill as runended proposes to increase from $17 to 824: per month the pen sion of William Taylor, of La Crosse, Wis. guide us to that decision which is wisest-and best, so we may act The War Department record shows that William Taylor was enrolled Oc­ without unnecessary delay. fApplause.] tober 21, 1861, and was mustered into the United States service on January The amendment recommended by the committee was agreed to. 30, 1862, as a. private in Coml)any D, Fourteenth Wisconsin Volunteer Infan­ try to serve three years, and was mustered out February 7,1865. The bill as amended was ordered to be laid aside with 2. favor· The soldier is now a pensioner at $17 per month for double inguinal hernia. able recommendation. incurred at Pittsburg Landing in May, 1862, and for piles and rheumatism. The proof filed with your committee shows that the soldier was born on FRANCES E. PEASE. the 2Uth day of May, 1807, and is now in his ninetieth ye!U"; that he is unable to perform manual labor, owing to his extreme age and the disabilities men­ The next business on the Private Calendar was the bill (S. 668) tioned; that he has no means of support except his pension and what here­ granting a pension to Frances E. Pease. ceives as doorkeaper at the court-house. in the city of La. Crosse, Wis., during The bill was read. as follows: the terms of court, and which amounted to from $'i5 to $100 per year for the paet three years; that he has no property except a. small house and lot occu­ IJe it e'ltacted, etc., That the Secretary of the Interior be, and he is herebv. pied by himself and family, which is of Blll<'1.ll value; that he married late in authorized and directed to place on the pension roll the name of Frances E. life, and now has a family consisting of himself and wife and four children, Pease, widow of WilliamR. Pease, late colonel One hundred and seventP-enth three girls and one boy, and that his youngest daughter is about 20 years of New York Volunteers, and to pay her a pension at the rate of $15 a month. age. 'l'he proof filed with your committee further shows that the soldier is an Mr. TALBERT. Mr. Chairman, let ns have the report read. industrious, t emperate, and U!Jl"ight man; that he is addicted to no 'Vices, is The reoort (by Mr. HENRY of Connecticut) was read, as follows: an excellent citizen of exemplary habits, of the highest integrity and stand­ ing and is in every way wol'thy of fa vora.ble consiaeration on the part of the The Committee on In-valid Pensions, to whom was referred the bill (S. 61'..13) Government. to pension Frances E. Pease, have examined the same and all the evidence Yom· commitooe, in view of the extreme age of the beneficiary and his con­ and respectfully report: . sequent inability to perform manual labor, the admitted disabilities with This bill proposes to pension at 15 per month, total of rank of her husband. which he is aftlicted and for which he is receiving a pension, his total de­ Frances E. Pease, of Wallingford, Conn. She is the widow of William R. :pendence on his pension and his own exertions for the support of himself and Pease. tamily, believe that the case belongs to the class which should receive favor­ The .following from the Senate report (No. 496)" gives the facts and fully able consideration by Congress, and therefore recommend the passage of the warrants the action of the Senate: bill when amended as follows: "The soldier graduated at West Point in 185§~. and was appointed a tsecand In line 6 strike out the words "cause to be paid to" and insert in lieu lieutenant: was promoted to first lieutenant march 23, 1861, and to captain thereof the word "pay." June 8, 1861, and colonel August 15,1862. In line 7 strike out the words "o.f thirty" and insert in lieu thereof "at "The records of the War Department show that he contracted heart dis­ the rate of twenty-four.' ease, or nervous affection of tbe heart, in 1859, while on duty in the West. Tbe records show that Lieutenant Pease suffered from May 11, 1859, from a. The amendments proposed by the committee were agreed to. nervous affection of the heart, causing violent palpitation of the heart and The bill as amended was ordered to be laid aside to be reported complete prostration of the S}'litem. It is shown that he continued to suffer on account of this disability un.til 1863, when he was retired as a captain, to the House with a favorable recommendation. United States Army, on August 25, 1863. "He served at Camp Hasken, Virginia, when, upon recommendation of the RANSO:ll S. ANGELL. surgeon, he was sent before a retiring board. The board was of opinion that Captain Pease was incapacitated for active service and that his incapacity The next business on the Private Calendar was the bill (S. 1466) resulted from sickness and exposure in the service. After his retirement he granting an increase of pension to RansomS. Angell, late private was on duty nntill870, being stationed at Washington, D. C .• Hartford\ C{)nn., of Company G, First Regiment Wisconsin Cavalry. and as professor of military science at State University of Wisconsm. He died June 7, l!S95, at Wa.lliniford, Conn.; causeofdea.th,as reported by W. T. The bill was read, as follows: Russell, M.D., angina pectoris (primary), asthenia (secondary). Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, "The widow filed a claim for pension February 18, 1896, under the general authorized and directed to place upon the pension roll the name of Ransom law. This was rejected on the following grounds: S. AngelL late privat e in Company G, First Regiment WISCOnsin Cavalry, "'No title. Soldier died of disease contracted in milita.rv service prior to ~d pn.y him a pension of $17 per month, in lieu of the pension he is now re­ March 4, 1881. Widow not entitled to:pensiononaccountof.suchdeath unless ceivmg. its cause originated in some war. AdJUtant-General reports that during pe­ riod from September, 1858, to September, 1859, the regiment was not engaged The following amendments recommended by the Committee on in any action with Indians or Mormons.' Invalid Pensions were read: "This woman is the widow of an officer who contracted his :fatal disability After the word "pension," in line 6, insert the words'' at the rate." while in the service and line of duty, and should be pensioned at the total ot Amend the title so as to read: "An act granting an increase of pension to rank which he held when he contracted such disability (second lieutenant, Ransom S . .Angell." $15 per month). ··on this 1st day of December, A. D. 1897, before me, a notary public in Mr. CLARDY. Mr. Chairman, I d&-ire to use a few minutes and for the county of New Haven and State of Connecticut, personally ap­ of the time of the committee this evening. I had a few remarks peared Frances E. Pease, a resident of Wallingford, county of New Haven, and State of Connecticut, who, being duly sworn according to law, declares which I intended to make severai days ago,. but had no oppor­ that sbe is the widow of William R. Pease, who died at Wallingford afor~ tunity to do so. I concluded yesterday that I would quietly and said on the 7th day of June, 1895. ·That she was :married under the name of without ostentation have them buried in the CoNGRESSIOYAL Frances E. Strickland to the said William R. Pease on the 2d day of October, 1883, theJ:e being no legal barriel' to said marriage. That she has not remar­ RECORD, and asked unanimous consent for the purpose of doing ried since the death of the said William R. Pease. That there is now living, so, but the gentleman from Maine, in the kindness of his heart, the issue of said marriage, Robert W. Pease, aged 13 years. objected, and of course that settled that Hence the necessity for "That the said Robert W. Pease is not able to earn anything toward his own or the support of his mother, the said Frances E. Pease. 'l'hat the said pas ing through the House now with these few remarks in order William R. Pease served during the war of the rebellion in the service of the to reach the Congressional Cemetery. United States, andior a. number of years prior to his death was on the retired Mr. Speaker, it is said" that no country in Europe, save Tur­ list an_d received from the Government of the United States$157.50permonth, and was receiving said sum to the time of his death; and that he was withont key, is in so bad a plight as Spain, morally, socially, financially, means of support other than the ru:nount so received from the Government intellectually. In the domain of literature she has excelled only of the United States. That she, the said Frances E. Pease, is not now receiv­ in the drama and the novel Not a single great statesman, phi­ in~ and has not received a pension since the death of her said husband, the 8ald William R. Pease. That she is without adequate means of SUPlJOrt other losopher, moralist! historian, or scientist has Spain produced." than her da;ily labor. That her only means of support is by keepmg board­ Still she must even now have some able diplomats who have been ers, and that she is J>hysically able to keep boarders a. part of the time only. able to keep our President and his advisers in uncertainty and "That she has suffered for a number of years past and is now a greut Sllf­ doubt until the long delay weakens our faith and makes the heart ferer from eczema, which renders her unable to perform manual labor, and but for the assistance of her mother and relatives would have suffered for sick. When we remember how great Spain once was, it is diffi­ the necessaries of life. cult to realize how low she has fallen. "FRANCES E. PEASE. A century ago she owned one-third of the world. Two hundred "STATE OF CO:lo.'NECTICUT, New Haven County, ss: years ago she'' might have stood against theworld." Now''none "Sworn to and subscribed before me at Wallingford, in said county and State, this 1st day of December\ A. D. 1897. I hereby certify that the fore­ so poor as to do her reverence." With the loss of he:r great estates going affidavit was fully made Known and explained to the affiant before she has degenerated into a most cruel and relentless foe to personal swearing, and that I have no interest in said claim, either direct or indirect. and national liberty. The war for Cuban independence has been [SEAL.] "CHAS. A. HARRISON, Notary Public." going on for more than three years, relentlessly waged by Spain This widow is now poor and in failing health. by methods of cruelty, 2..ssassination, and starvation unknown to The bill is therefore reported back with the recommendation thatjt pass. civilized warfare. This plan of authorized and systematic starva­ The bill was ordered ta be laid aside with a favorable recom· tion is still going on at our very doors. In addition to this, the men dation. .3582 CONGRESSIONAL RECORD-HOUSE. APRIL 5,

MOSES M. CRA.NTS. Mr. HOOKER. I do not know whether I can. I will how.. The next business on the Private Calendar was the bill (S.1751) ever, se~ that the bill is amended before it is passed. ' granting an increase of pension to Moses M. Crants. The bill as amended was ordered to be laid aside with a favor- The bill was read, as follows: able recommendation. Be i~ enacted, e_tc., That th~ Secretary of th~ Interior be, and he is hereby, LAURITZ OLSEN. authoriZed and directed to p1ace on the pension roll, subject to the provi­ The next business on the Private Calendar was the bill (H. R. sio~ and ~mitations of the pension ln.ws, the name of Moses M. Crants, late a priv-ate m Company G. One hundred and seventh Regiment New York 7321) granting a pension to Lauritz Olsen. Volunteer Infantry, at the rate of $30 per month, in lieu of the pension of 524 The bill was read, as follows: he is now receiving, to take effect from and after the passage of this act. . Be it enacted, etc., T"nat tho Secretary of the Interior be, and he is hereby, The amendment recommended by the committee was read, as d1rected to place upon the pension roll the name of LauritzOlsen lateamem· follows: ber _of the Second Minnesota Battery Light Artillery1 and pay hl.in a pension ?f $50 a mo~t~ from and after the passage of this act, m lieu of the pension he In line 7, after the word "Infantry," insert the words "and pay him a IS now r~e1vm~. pension." The amendment recommended by the committee was read, as Mr. TALBERT. Mr·. Chairman, let us have the report read. follows: The CHAIRMAN. The report will be read in the time of the In line 6 strike out the words "of fifty" and insert in lien thereof the gentleman from South Carolina. words "at the rate of forty." ~r. RAY of _New York. Mr. Chairman, I ~ope the gentleman w1ll not ma.ke the Clerk read the long report, g1ving the service of Mr. TALBERT. Mr. Chairman, I would like to have that re­ this soldier, but will let me make a statement. port read. Mr. TALBERT. Certainly. ~. G .q3SON. Mr. Chairman, I will state the facts in this case. Mr. RAY of New York. Now, the evidence in this case shows :rhis sol die~ se:r:v:e~ over three yea:r:s in ~he Army, and he is suffer­ this-- mg from disabilities that now entitle h1m to a small pension· but Mr. TALBERT. I did not have the report before me. by an accident he lost both of his hands and both forearms' by a Mr. RAY of New York. This is a Senate bill, which comes premature discharge of a cannon. over to us with their approval, and we have investigated the mat­ Mr. TALBERT. That accident occurred in 1888. ter. The evidence shows that he did long and faithful service as Mr. GIBSON. That is true. If it had been of service origin a soldier; and there is nothing against his record. He contracted he would have been entitled to 672 a month. · ' in the service hernia. varicocele, and asthma, and received an in­ Mr. NORTHWAY. One hundred dollars a month. jury to the back. He is now suffering from these disabilities ~r. GIBSON. _We gi':'e him $40 a month. It is a very meri.. and is allowed a pension at$24 for his service disabilities. In tor10us case, and 18 unammously agreed to by the committee. ad~ The al?endment recommended by the committee was agreed dition to that, he has !!OW locomotor ataxia. You know what to. that is. He can not do anything; he can hardly stand; and we The bill as amended was ordered to be laid aside with a favor· have given him an increase. The Bureau allowed his pension at able recommendation. S24, and the Senate has increased it to S30 a month, simply on ac· WILLIAM TOMPKINS. count of his helplessness not of senice origin. We approve the The next business on the Private Calendar was the bill (H. R. Senate bill. 8680) granting an increase of pension to William Tompkins. Mr. TALBERT. Let him have it. The bill was read, as follows: The amendment recommended by the committee was agreed to. Be it. enacted, e~c., That the Secretary of th~ Interior be, and he hereby is, The bill as amended was ordered to be laid aside with a favor- authoriZed and directed to place on the pens1on roll, subject to the provi­ able recommendation. sions and limitations of the pension laws, the name of William Tompkins, late private, Company F, Eleventh Regiment Pennsylvania Volunteer Cav­ MARY I. VALE~TINE. alry, an!l pay him a J?ension at the rate of S50per month, in lieu of the pen­ The next business on the Private Calendar was the bill (H. R. sion he IS now re('eivmg. 584) granting a pension to Mary I. Valentine. The bill was ordered to be laid aside with a favorable recom­ The bill was read, as follows: mendation. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, NEWTON W. COOPER. authorized and directed to place npon the pension roll the name of Mary i Valentine. daughter of the late Joseph E. Valentine, of Company A Ninety­ The next business on the Private Calendar was the bill (H. R. seventh Regiment Pennsylvania. Volunteers, at the rate of S30 per month. 4189) granting a pension to Newton Cooper. The amendments recommended by the committee were read, as The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be and is hereby follows: a:nt.horized and directed to place the name of Newton W. cOOper on the pen~ In line 7, after the word "Volunteers," insert "and pay her a pension " ston rollJ at the rate of $72 per month, for the services rendered during the In same line strike out "thirty" and insert "fifteen." · war ~f t_ne ~ebellion by the.said Newton W. Cooper, subject to the provisions The amendments were agreed to. and limitatiOns of the pens10n laws and in lieu of the pension he now receives. The bill as amended was ordered to be laid aside with a favor­ The amendment recommended by the committee was read as able recommendation. follows: ' S~rike out aJl after the enacting clause and insert in lieu thereof the fol­ RHODA A, VAN :t-.'TI1AN. lowmg: The next business on the Private Calendar was the bill (S. 3517) "That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations granting a pension to Rhoda A. Van Niman. of the penston laws, the name of Newton W. Cooper, late private Company The bill was read, as follows: H, Third Pennsylvania Heavy Artillery, and pay him a pension at the rate Be it n :acted, etc., That the Secretary of the Interior be, and he is hereby of $50 per month, in lieu of the pension he is now receiving." auth9ri~ed ~nd directed to_place on the pension roll, subject to the provisio~ The amendment was agreed to. and limitat10nsof the pensiOn laws, the name of Rhoda A. VanNiman widow of Enoch I. Van Niman, late of Company F. Forty-second Ohio Volunteer In­ The bill as amended was ordered to be laid aside with a favor· fantry, and pay her a pension a.t the rate of $8 per month. able recommendation. The bill was ordered to be laid aside with a favorable recom­ PETER CASTLE. mendation. The n~xt business on th.e Private Calendar was the bill (H. R. THOMAS S. TEFFT, 4488) to mcrease the pens10n of Peter Castle, late of Company D ThA next business on the Private Calendar was the bill (H. R. Fourth Provisional New York Cavalry. ' 8299) granting an increase of pension to Thomas S. Tefft. The bill was read, a.s follows: The bill was read, as follows: Be it enacted., etc., That the Secretary of the Interior be, and he is hereby authorized and directed to place on the pension roll the name of Peter Castle' Be it err acted, etc., That the Secretary of the Interiox· be, and he is hereby Ia:te a private in Com-panyD, Fourth New York Provisional Cavalry, and pay authorized and directed to place on tho pension roll the name of Thomas S~ him, on account of diSease of the heart and deafness a pension at the rate r_r:e.fft, late of Compapy -, First N_ew .York Dragool!B, and to pay him a pen­ of - dollars per month, the same to be in lieu of the pension heretofore Sion at the rate of $50 per month, m lieu of the pension he now receives. granted him. The amendment recommended by the committee was read, as The amendments recommended by the committee were read, as follows: follows: In line Gstrike. out the word "fifty" and insert the word "thirty." In lines 6 and 7 strike out the words "on account of disease of the heart The amendment was agreed to. and deafness." The CHAIRMAN. The Chair will call the attention of the gen­ In line 7, after "of," insert ''twenty-four." tleman from New York to the fact that the bill is somewhat incom­ The amendments were agreed to. plete in the fifth line. The company is not given. The Chair is The bill as amended was ordered to be laid aside with a favor· not sm·e that has been called to the attention of the gentleman. able recommendation. Mr. RAY of New York. I remember that; and I do not know HENRY K, OPP. whether my colleague, Mr. HooKER, who is here, can furnish the The next business on the Private Calendar was the bill (H. R. information. 6411) granting an increase of pension to Henry K. Opp. 1898. CONGRESSIONAL RECORD-HOUSE. !3583

mindful of the society in which the beneficiary bas been accustomed to move, The bill was read, as follows: and is disposed to give relief that shall not onl! '"keep the wolf from the Be it enacted, etc., That the Secretary of the Interior be, and be hereby is, door,".b.ut make the old soldier fe~l that one republic is not ungrateful His authorized and directed to place on the pension roll the name of Henry K. necesstti~s a:-e great, and be req"!lll'es almost constant aid and attendance. Opp, who was an acting assistant paymaster in the United States Navy, and The bill lS reported back wttb the recommendation that the title be to pay him a pension at the rat~ of 325 per month in lieu of the pension he amended so as to read: "A bill for the relief of J obn A. Bingham." now receives. The amendment recommended by the committee was read, as Mr. TALBERT. Now, Mr. Chairman, I would like to ask the follows: geni;fema~ in charge of the ~ill to say to the House what great In line 1, strike out the words "twenty-five" and insert the word "twelve." sernce th1s gentleman ever d1d. Was he ever a soldier? Mr. RAY of New York. Yes. M.r. RAY of New York. M.r. Chairman~ in behalf of the com­ Mr. T ...t\.LBERT. Did he ever do anything except to- sit at the mittee, I desire to offer or· propose an amendment that the bill Capitol? You propose to pay him 850 a month. I would like to read "$17" instead of '' $12." Of course the object can be obtained know the reason the committee have- brought forward any such by voting down ·the committee amendment now, and then I will bill. offer the amendment I suggest. Mr. RAY of New York. I will state as briefly as I may although Since your committee passed on the evidence- nnd papers before I put into this report, which, by the way, I drew myself the rea­ it and fixed the rate adopted by the- subcommittee, my colleague­ sons which actuated the committee to report the bill. I ~ant the rMr. HOOKER], who introduced this bill, and some gentlemen who gentleman from South Carolina to understand that when I refer five in that district have presented some additional facts and eVi­ in these remarks to the Confederacy, or to the- Confederate army dence which make it clear to us that this man ought to have at that I do not hold them in contempt. I have not a word to least $17 a month; and the subcommittee who have the bill in say against them. ¥Y frien~ from South Carolina [Mr. TALBERT] charge have recommended that rate, and one of that subcommit­ knows that I believe the trme has come, as I have said more- than tee is now here. I therefore ask that the first amendment be once- on the floor of this Honse, when the- boys who wore the blne voted down, and I will then offer the amendment I suggest, of $17 and those who wore the gray can meet at all times and on all in place of $24. occasions and join hands, touch elbows, and all move forward for The CHAIRMAN. The question is on the adoption of the first the advancement and prosperity and glory of an undivided country amendment proposed by the committee, striking out the words Still, when we go back thirty years, we must refer to thes~ "twenty-five." things. I want to say the gentleman that when I was young The amendment was agreed to. to The CHAIRMAN. The question is on the adoption of the when I went into the Army, a mere boy, I had the idea from som~ amendment proposed by the committee, inserting the word of the influences that had been thrown around me, and some of the teachin~, that the soldiers in the Confederate army did not "twelve." have any faith in their cause; that they really believed they were The amendment was 1·ejected. fighting for a wrong and to maintain a wrong principle and that . Mr. RAY of New York. Mr. Speaker, I now move to insert, in they were battling simply to punish the North. Soon 'I learned place of the words "twenty-five," which have been stricken ont, they were as sincere as we were. the word "seventeen." The gentleman knows that in those. days terms were bandied The amendment was agreed to. back and forth among those who stayed at home and fouO'ht The bill as amended was laid aside to be reported to the Honse valiantly with their mouths, and the gentleman remembers ~n­ with a favorable .recommendation. other thing-down at the front, while we lined up in line of battle JOHNSON HAYS. one day in opposition, yet when the battle was over and a truce The next business on the Private- Calendar was the bill (S. 310) was deciared, we went together as brothers and mournfully buried granting a pension to Johnson Hays. our dead. The Clerk read the bill, as follows: T~en you reme~ber how we frequently ~et on th.e- picket line, Be it enacted, etc., That the Secretary of the Interior be, and be is hereby~ and 1nstead of trying to take each other's hves while- we- saw to authorized and directed to add to the disabilities for which Johnson Hays. it that no wrong was done, we used to swap ~bacco for coffee late private o~ Company G, of the Seventh Regiment Missouri State Militia and coffea for t.obacco- from the South and other things that you C~valry Volunteers, now pensioned under certificate No. 134035, "hernia­ h,Ydrocele and three broken ribs on left side," and grant him a rate of pen­ had. So that we really learned to respect one another, and as the Sion proportioned to the degree of disability to perform manual labor. days have- gone on we respect one another more and more. The amendment proposed by the committee is as follows: Now, in those terrible, troublous times, here at the North we Amend the title so as to read: "An act for the relief of J obnson Hays." h.ad soD?-e ~en scattered through ~he country who were all the The amendment was agreed to. trme firmg mto the rear of the Umon Army. They were doing The bill as amended was laid aside to be reported to the Honse what they could to undermine the cause of the Union and that with a favorable recommendation. is why I refer to the firing from the rear. ' Now, another thing that was of great importance- in those- days. JOHN A. BINGHAM. Gentlemen can remember that when the war was over, and when · The next business on the Private Calendar was the bill (H.. R. the Confederate army had laid down its arms, and when General 8181) for the relief of John A. Bingham, major and judge-advo­ Grant, loved by the entire American people, North as well as cate of volunteers. South, had said to the ~urviving Confederates, "You may take The Clerk read the bill, as follows: your horses and your s1de arm.S and go home, and you shall be Be it. enacted, etc., That the Secretary of the Interior be, and he is hereby protected so long 3:8 Y.ou obey the laws ?f the country," that still authoriZed and directed to place the name of J obn A. Bingham major and there were those who Jeered and entertamed ~eat bitterness· you judg~_ra!lvO?l-te of volunteers, on the pension ~·oil, subject to the provisions and lmutat10ns of the pension laws, and pay him a pension at the rate o! $50 remember the assassination of President Lmcoln, and yo~ re­ per month from and after the passage of this a-ct. member the danger that all ran-those who had been battlinO' for Mr. TALBERT. Mr. Chairman, Ishonldliketo have the report the Union. o In these times John A. Bingham came to the front. He did read in ~y time. The Clerk read the report (by Mr. KERR), as follows: noble work for the Union, and did much later on to bring the North and South together. He never expressed bitterness toward The Committee on Invalid Pensions, to whom was referred the bill (H. R. 8181) granting a pension to John A. Bingham, have considered the same and the South or the Southerri. people. He was a gentleman and loved most res~ctfully report: the whole country and wanted it undivided. ' This bill proJ)(?se.s to pensi~n, at $50. per month, John A. Bingham, of Ohio, He was lll;USt~red into the s~rvice, and he bravely, valiantly, who was comnu.sSioned maJor and JUdge-advocate of volunteers to rank from Jan"!lary ~.18tH, and was honorably discharged August 3, 18M, on ten­ and nobly did his duty as a soldier, where he was in as much dan· der of restgnatlon. ger from the fanatical hand of the assassin as were the boys who No record of medical treatment while in service. faced the musket and fough~ for the U~ion or for the Confederacy. . He has never applied for pension at the Pension Office under any law. It 1S D?t alleged that he ha.s a.n_y disability due to service but he is undoubtedly He never has asked any pensiOn from thlS Government. He is now entitled to $12uuder act of June 27, 1890. It is shown by evidence before this 83 years of age. He is poor. This pension will go to him for only conu:¢ttee that soldier is·83 ~~s of age, is very feeble, and nearly helpless a very few years-perhaps only a year or two. But he was a de· pbySlcally and mentally\ ~nd lS m very straitened circumstances finanCially owing to causes beyond nis control. ' fender of the nation; he defended its laws; he defended its honor. The accompanying statement, marked Exhibit A, as to his public services, And h.e did it at a time w~;ten to st~nd up and do his duty here in has been filed with this committee. Washington, as I have satd, was JUSt as dangerous to him as for The distinguished and meritorious services of this soldier durin a his mili­ tary career w.ere of incalculable value to the country in its most perilous a soldier in the ranks to face the muskets of the enemy. days. We had a Grant, a Sherman, a Sheridan a Thomas, a Hancock and It is fot: th!s reason-believing that we should encourage brave other g·reat generals at the front, but all their 11.bility and valor would hive me!l; .behevmg that we should remember patriotic brave men; been of no avail without the aid of equally great and brave men at the capi­ behevmg that we should encourage the spirit of patriotism in the tal of the nation to meet and nullify the fire in the rear which was just as dangerous to the cause of the Union as were the armies ~f the Confederacy. young men of this nation now, both North and South, for we do O!J-e of the ablest, most patriotic, and fearless of these was Maj. John A. not know how soon we shall need them-that y9ur committee has Bmgham. recommended the granting of this pension to Maj. John A. Bing· . In hi~ old age and necessitous circumstances a grateful country will gladly g1ve. this reasonable and merited pension to one of its most dlStin~bed ham,_ one of tp.e brig~test men the country ever saw. soldiers. In fixing the amount at this reasonable sum your com.m1ttee is This coiDJIDttee, mmd you, have stood with their faces like flint CONGRESSIONAL RECORD-HOUSE. APRIL 5,

against tlie proposition to pension sntlerst to pension photogra- time that the Government saw fit. It is true he did not face 'the phers, to pension that class of men who clamor before the com- cannon, but he performed a notable service for his country, and mittee for-pensions. But here is a man who did duty, and faith- he was in the service with the rank of major. ful duty, even thongh he did not face the cannon on the field in Mr. TALBERT. I should like to say to the gentleman that the actual battle. report says that he has incurred no disability from even that re- Mr. TALBERT. 1\Ir. Chairman, I have no objection to any- .mMkable service. thing the distinguished gentleman from New York [Mr. RAY] Mr. RAY of New York. That is true. has said; but it does seem to me that he has not touched the sub- Mr. TALBERT. Then I should like to know where hispension- ject in the course of his very eloquent little speech. Here·is a able sta.tus comes in? claim of a pension of .,.50 a month for a man who never did any Mr. RAY of New York. Under the act of June27, 1890, which military service whatever, who was never under the fire of a gun, gives a pension to an old soldier when he becomes poor and unable never smelt any gunpowder, never endured any hardships what- to earn a living by his manual labor. That is where he has a pen­ ever, and who served, as stat-ed in the report, only the short term sionable status. 'rhere is no question about that. The onlyques- of seven months, from January, I believe, till August, 1864. tion is how much should be given him now in his old age. Yet this House is called upon to vote him a pension of $50 a Mr. SIMPSON. Was he not on detached service at the time he month, without law, without precedent, without right, without was acting as judge-advocate? iustice, without anything to back it. I for one am opposed to Mr. OONNOLL Y. He was appointed as judge-advocate. ~anting this pension, and shall vote against it. Mr. Chairman, Mr. RAY of New York. He was appointed to that rank and I move that the bill be laid aside to be reported to the House un- assigned to duty here, but he might have been assigned to duty favorably. with the Army anywhere. Mr. DANFORD. Mr. Chairman, I introduced this bill for the Th CHAIRMAN Th sti · h d relief of John A. Bingham. I believe he is as much entitled to e • e que on lB on t e amen ment posed by the committee. pr~ the gratitude of his country in this direction as many, many Mr. TALBERT. I moved that the bill be laid aside to be re­ others who are receiving larger pensions than the one proposed in ported to the House with an unfavorable recommendation. Does this bill. It is true that Mr. Bingham did not do service in the · ' field,· but he did very great service durinca the time he was in the not that tak:e precedence? I ask for information. ;.~ d .:t h a1r d b · d h uld The CHAIR. MAN. The Chair will suggest to the gentleman army as a judge-a vocate, an..., as as ea Y een sai ' e wo from South Carolina that the amendment is only an amendment be entitled under the law of 1890 to a pension of $12 a month. He is old and helpless. He has not a child on this earth that can to the title, and it would be well to dispose of that before dispos- belp him to one penny. He has no living relatives that he can lean ing of any other motion. The question is upon the amendment nvon. He stands alone-an old man. During his sixteen years of propoRed by the committee. service in this body many, many were those, then weak and need- The amendment was agreed to. ing strength, who leaned upon him-our soldiers in the field, our The CHAIRMAN· The question now is upon the motion of the people at home. He was a strength to them in that day and that gentleman from South Carolina [Mr. TALBERT], that the bill be hour. He comes now to this great Government in the day of his laid aside to be reported to the House with an unfavorable recom­ weakness and asks that ha may be permitted to lean upon it for the mendation. few short months that he has yet to live. The question was taken; and on a division (demanded by Mr. Mr. Bingham served, as I have said, sixteen years in this House. TALBERT} there were-;ayes 3, noes 39. . The culmination of his great career here was during the recon- Accordingly the motion of Mr. T~BERT was reJected. struction pe1"iod. He stood in this body the advocate of the four- I ¥r: TALB~T., Now., Mr.. Ch~;rman, I mo,;e to amend by teenth amendment to the Constitution. He was the author of striking out fifty and mserting twenty-five. that amendment. He stood in this body contesting with Thaddeus The CHAIRMAN. The gentl~~an fro~, Sout~, ~arolina [Mr. Stevens, of Pennsylvania, the supremacy upon that question. He ~ALBERTl mov~s t.o,~mend by strf,king out fifty, m the seventh was in favor of the rehabilitation of the Southern States, while line, and mserting twenty-five. J.ii·. Stevens was opposed to that at that time, and, as I have heard Mr. CONNOLLY. Mr. Chairman, I hope that amendment will him express it, wrote his language upon the Constitution of his be agreed to. I remember the name of J o~n A. Bingham since country. my boyhood. I remember him as one of the leading, active, el<%' Now, there are a great many already upon the pension rolls who Iquent members of Congress through all of the years of the wa\t could not be pi'aced there because of any disability they incurred 1 believe that he was a member of Congress at the very time that~ in the actual service of their country. 'Ihereare men and women he was serving as major and judge-advocate. He occupied the who are pensionersofthisconntryto-daywhoneversawanyactual dual position. If he had been a major and at the front fighting service in time of war. And it does seem to me that this old man and had received wounds, he would, under the law, treating him appeals as strongly to thoso who voted pensions upon that line as as all other officers with that rank are treated, have received $25 a anyone who bas come to Congress for relief since we began that month. line of legislation. We have been giving these special pensions here to brigadier- As I have said, Mr. Bingham is old. He stands alone, with no generals who served three or fom· years at the front, with all the wife, no child, nocno under God's heavens to aid him. Theques- chances of battle every day of their lives. We have been putting tion is, Shall his country do it or shall his neighbors do it? them off in their old age with $50 a month. Colonels of regiments Mr. TALBERT. If he was entitled t.o a pension under the act who served for four years and were covered with wounds, and of 1890, why did he not apply for it? who are now dragging out the remnants of their broken lives, are Mr. DANFORD. Well, I will say to my friend I think it was turned out with 850 a month, and some with less. the pride of this old man that prevented him from doing it. Now, this major and judge-advocate, who never saw the field of Mr. TALBERT. As the committee say in their report, he does battle, never endm·ed the hardships of a soldier's life, should not, not allege that he has any disabilities due to service. by comparison, receive as much as they. It seems to me simply Mr. DAN.i!,ORD. I do not allege that, either. unjust to those who endured those hardships and faced those Mr. RAY of New York. Under the act of June 27, 1890, pro- dangers to say we shall now give him $50 a month and put them viding for those who are poor and unable to perform manual off with $25 a month under the general law. labor, it is entirely immaterial whether they contracted the dis-1 I am willing to stretch a point and vote to give him the pension ease or disability in the service. If they are incapacitated, for of $25 o. month the same as other men of the same rank are en­ any cause, from earning a living by manual labor, that is su:ffi- titled to who a-ctually served in the field and were wounded; but cient. Now, it is conceded that this old man is so incapacitated. I am unwilling to go further, and simply because he was an elo­ Therefore, under the act of J nne 27, 1890, as he was actually in quent, active member of Congress for sixteen years to say that he the service, he could apply for and receive a pension of $8 a shall thereby have double the pension of men who served their month, not $12. . country in the field. [Applause.] Mr. TALBERT. I should like to ask the gentleman if serving Mr. NORTHWAY. :1\fr. Chairman, I do not take much part as judge-advocate-general gives him a pensionable status? in discussing these pension matters, and ordinarily I have voted Mr. RAY of New York. It does. He was actually mustered against these eccentric pensions which seem to be a little out of into the service. the ordinary line. But I wish the ~entleman from lllinois [Mr. Mr. TALBERT. Does the law say so? CoNNOLLY] would reconsider what he has said and what he is d~ Mr. RAY of New York. Certainly. ing, and I wish the gentleman from South Carolina [Mr. T.A.L- M.r. TALBERT. What law? BERT] would do the same. They are both kindly disposed, and Mr. RAY of New York. The law, the act of 1890; he has a pen- neither one wishes to do any harm. Yet, if they will stop to think sionable status. It is simply a question of amount. He wa.s reg- a little, I doubt not they vrill change their opinions. ularly m~...ered in. I wish ·gentlemen all to understand this. Now. Mr. Bingham is not being pensioned because he was a We have here the statement of Colonel Ainsworth, which is member of Congress, but because he was a judge-advocate in the printed in connection with the report, in which he states that Armv. He could not have presided as judge-advocate, if I under~ Major Bingham was regularly mustered into the service and was stand it correctly, at any of the great courts-martial, such as the a soldier. He might have been sent to the front in battle at any trial of Mrs. Surratt and others, without being mustered into the' 1898. CONGRESSIONAL RECORD-HOUSE. 3585

Army. That gave him a standing in the Army. The gentleman Interior and Commissioner of Pensions, and see the enormous in­ from lliinois [Mr. CO}.'NOLLY] says $25 ought to be enough. Now, crease that must follow the present plan of granting pensions. I hardly know just where the limit ought to be fixed. Thousands and thousands are being considered every day there, Mr. CONNOLLY. I say that to the gentleman because the gen- eitheF for increase or for original pension, and we have the same erallaw puts the limit there for men of that rank. here. To-night we have on the Calendar 66 bills for pensions. Mr. NORTHWAY. We are not pensioning him because of any Out of this 66, 25 of them are for the removal of the charge of disability which would fix a limit to the pension in his case under desertion. Just think of that! Ten are for increase, and only 31 the law. We are simply placing him upon the pension roll and for original pension. Now, letuslookatitfroma. business stand­ measuring our gratitude here as members of Congress, and so at- point. I am the last man, being a Southern man, to stand up tempting to measure the gratitude of our country to him. here and oppose the granting of pension to any honest, true, brave I rememberJohnA. Binghamfromchildhood. Those who know old veteran. I ha.venever done it, and gentlemen who have served him know the kind of man he was and is. He was a brilliant with me in the Fifty-third, the Fifty-fourth, and the Fifty-fifth man, but when the war was over he had not one word of bitter- Congresses up to date can testify to that fact; but I believe it to be ness for any human being on earth, and as old age has come upon my duty to stand np here and enter my protest against what I h1m he has grown entii·ely out of any bitterness that would fasten consider unjust and extravagant appropriations fo:r pensions for itself upon the heart of any individual. anybody, and I do it without any feeling of prejudice or partisan- He is one of the most lovable old men, a man who loves the shlp, but merely from a busmess standpoint as being my duty. South just as much as the North, and who looks back npon all Now~ here is a claim granting a pension of $50 a month for Gen­ the stilTing scenes of the past with the kindliest heart and with eral Bingham. I never met General Bingham, and do not say the loveliest nature that you ever saw. He is now 85 or more anything against him. I would not take from him one laurel that - years old, I think. If yon pension him, the country will not be has been weaved around him by his friends to-night. He was a called upon to pay him a pens1on for long-only a year or two, grand man, an eloquent man; and hence, putting sentiment aside perhaps, at most. ffere he is to-day, with no human being to and dealing with it from business sense, let us see whether or not c.are for him, with no one but his country. we should grant him $25 a month. I am willing to vote for that Shall he appeal to his country in vain? He is one of the loveliest if this House seems disposed to do so. men that God ever made, the freest from all the guile and malice Then, again, you see the empty seats. They are unable to con­ that sometimes gather around an old man. It would seem to me sider legislation, and the Constitution of the United States re­ that it would be a loving duty for u.s not to be technical and say quires that every bill and every piece of legislation that is passed that he has not earned it on account of not being wounded or not through this House shall be done by a quorum. The rules of the fighting for his country in the Army. It measures our gratitude House require it. Having no feeling in the matter, I am willing for perhaps the only link to-day living, going back to those stir- to vote for 825 a month, and make a compromise, and let this ring scenes. thing go along. I hope the gentleman in charge of the bill will I believe he is the only man alive of all those who took an active a-ccept it and let the amendment be carried at 825, and we can go part in the prosecution of those cases. Because of his ability he on and pass more bills. was appointed as one of the prosecutors in the impeachment trial Mr. RAY of New York. Mr. Chairman, I desire to say that at of Andrew Johnson. I believe he is the only living link going . the suggestion. of the gentleman from O~io, I accept the amend­ .back to that time. Now, I know the gentleman from South Caro- ment, and let It go through at that. I WJsh, however, to make a lina [Mr. TALBERT] wants to deal kindly with such a man. For correction in re~ard to the statement of my friend from illinois if there ever was a man on earth who spoke words of kindness [Mr. CoNNOLLYJ. He stated that at thetimeMajorBingham was after all the bitterneps of the war, John A. Bingham was the man. a major and judge-advocate in the Army he was also a member of If there ever was a man in Congress who stood up here against Congress. such men as Thaddeus Stevens in their bitterness, and pronounced I stated to him at the time, quietly, that that could not have words of sweetness to be ever remembered, John A. Bingham was been so. I have therefore sent for the record, and haw-e before that man. It would seem to me that all of a loving cotmtry would me the journals and records of the House, and now state posi­ take the poor old man in their arms and pay his way while he tively that Major Bingham was not a member of Congress, and lives, and ease him down to a loved and honored grave. Now, I did not hold any civil place, either under the State of Ohio or the wish the gentleman would tecall that motion. [Applause.] United States, at the time he was in the Army. He was serving Mr. TALBERT. Mr. Chairman, I should like to send to the as a soldier at that time. [Cries of" Vote!"" Vote!"] Clerk's desk and have read a newspaper cliJ>ping showing that The CHAIRMAN. The question is on the adoption of the Commissioner Evans thinks that the limit of the pension roll has amendment offered by the gentleman from South Carolina. not been reached. It shows what he says and what Secretary Mr. NORTON of Ohio. Mr. Chairman, I do not wish to inter­ Bliss says. It is a short piece in regard to pensions. I should fere with the proceedings, but as a member of the delegation from like to have it read in my time. Ohio were I to remain silent upon this question it would look, at • The Clerk read as follows: least to my constituents and to the people of my State, a.s if I had YORE MONEY NEEDED FOn. PENSIONs-oomnssroNER Ev~s THTh"Ks THE no interest in this matter. I am proud of General Bingham's Lll1IT oF ROLL HAS NOT BEEN REACHED. record. I am proud that he was a citizen of my great State. I In sending to Congress a deficiency estimate of $8,070,872 for pensions for believe, Mr. Chairman, that no man ever rendered greater service this year, Secretary Bliss makes an interesting statement oil the general sub- to his party than did Genera113ingham. ject of pensions up to date. Secretary Bliss says: "On the 1st of July, 1897, there was available 140,000,000 for the payment I believe no man ha-s ever rendered, within the limits and scopa of army and navy pensions; $!,000,(XX) of this amount was set apart for navy of his opportunity, greater services to the Government at large J:nsi.ons, leaving $136,000,000 for payment of a.rm~ pensions. The total num- than did General Bingham. You may remember, my fellow- F~b~l:;~~ett~~ ~:r~~~m~n~h~~n~~net 6~;re'!s~~f1~J~~ 2Sth of members, that it was through his influence largely, and perhaps "Between the latter dates tnere w~.JS disbursed for the payment of army wholly, that the n·eaty between China and our Government was pensions $95,370,827.46, leaving the sum of $!0,629~.54 for the payment of accomplished in such a satisfactory way as to render perhaps a pensions to the end of the present fiscal year. ·.me Commissioner of Pen- · hi sions estimates that s-m. 700,000 will be required for the payment of pensions greater service to t s Government than all you will ever be re- during the remaining four months of the fiscal year, more than $8,000,000 in quired to pay him will compensate him for if he should remain excess of the unexpended appropriation. on the pension roll a hundred years. "The Commissioner has recentlyeXJ?ressed tome an opinion as to the fn· 1\Ir. Chairman, it is true that his serVI·ce m· the .Army was,~~...,.,. ture con:rse of pension payments at varmnce with his views thereon as stated c .... in the annual report, which was to the effect that after the close of the cur- tremely limited, that his services in the field were not distin­ rent fiscal year payments would rapidly decline. It is now his opinion that guished; but as a judge-advocate-general I grant no man can pre­ in view of the increasing applications for original pensions and for increase sent a. mo.re br.illiant, a more fair, and m01·e J·ust reoord than he. of pensions there will be an increase in the sum required for the payment of the army and navy pensions for some time to come. And It will giVe me great pleasure to know that in his declinin~ "In this connection the table sh9wing the number of pensioners on the years this country can. perhaps with generosity, recognize the roll and the value of the roll annnally sinoe 1887 is s:i~cant. From this it service he has rendered his country. appears that the pension roll has substantially douoled since a. quarter of a century after the close of.the war. In 1890, twenty-five years after the war But I ask you to remember this-that there are many men now closed, the number of pensioners on the roll was 537,944. At the close of the without a dollar of pension on God's earth that rendered not only current fiscal year the number on the roll will approximate 996,000, nn in- eight months' service to the Government in the Army, but three crease of nearly 90 per cent since 1890. "In that time the vnlue of the roll has increased from $72,052,143.49 in 1890 Ion~ years, and in the front at that, ~nd are debarred now by a to approximately $132,000,00J in the present fiscal year. ruling of the Pension Office; and whenever the opportunity shall "The roll is now larger than at any former time, notwithstanding that be · e to t h d t tim th" fl I thirty-threeyearshaveelapsed.sincethecessationofhostilities. Itcontained giV n me, a every our an a every e on 1B oor, abont 5,500 more pensioners in 1897 than it did in 18!l6~ and appro:rimately desire to again and repeatedly call your attention to the fact that 20,000 more in 1898 than in 1897, and the value of the roll nas also increased m there is a rule of law which bars men that are more justified in the same period." asking for a pension who are just as poor and rendered as much Mr. TALBERT. Now, Mr. Chairman, sentiment, partisanship, service to the Government, not so distinguished by brains, but by .and prejudice ought all to be put aside in the discussion of these courage and services in the field; and when the time comes that cases, and we ought to look at them from a sensible, business they are placed on the rolls here and we are asked to vote for standpoint. Now, you hear the report from the Secretary of th~ them, I beg of that side of the House as well as this that you will XXXI-_-225 3586 CONGRESSIONAL RECORD-HOUSE. APRIL 5, not bri.ng up this rule, but you will be as generous in voting for The question being taken on the amendment of Mr. TALBERT, it them as we are in voting for this, for under the rules of the Pen­ was agreed to. sion Department this man could not get over 812 a month. Then The bill as amended was laid aside to be reported favorably to let us bend the rule as well for the men who served in the field as theHouss. for those who were diplomats and jurists. I will vote for $25 or ANN M. SMITH. 850. It is a matter of indifference; I will not antagonize it; but I want to use this as a lever once more to pry open the consciences The next business on the Private Calendar was the bill (H. R. and the generosity of the members to vote in favor of the privates 9043) granting a pension to Mrs. Ann M. Smith, widow of the late as well as in favor of the diplomat and the jurist and the men who Maj. Gen. Andrew J. Smith. bear the name of general. rApplause.] The bill was read, as follows: Mr. BRUCKER. Mr. Cliairman, I would not inten"Upt the Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, proceedings.to impose any remarks on the committee at this time, authorized and directed to nlace on the pension roll, subject to the _provi­ si9ns and limitations. of the~ pension laws, the name of Mrs. Ann M. Snrith. were it not for the fact that the gentleman from South Carolina mdow of the late MaJ. Gen. Andrew J. Smith, at the rate of $100 per month. rMr. TALBERT] sent to the Clerk's desk a clipping purporting to 'fie an interview with the Commissioner of Pensions and the Sec­ The amendments reported by the Committee on Invalid Pen· retary of the Interior concerning the amount of money that we are sions were read, as follows: paying out annually to pensioners. I notice that, following the In line 6 strike O"Q.t "Mrs." In line 7, after the word " Smith," insert "nnd pay her a pension." reading of the article and some few remarks supplemental thereto In line 7 strike out "one hundred" and insert in lieu thereof "thirty." made by the gentleman from South Carolina, the Committee on In­ At the end of line 8 add "in lieu of the pension she- now receives." valid Pensions accept~d the amendment suggested by the gentle­ Amend the title so as to read: "A bill granting an increase of pension to man from South Carolina-- Ann M. Smith." Mr. RAY of New York. Let me say to the gentleman from Mr. TALBERT. I should like to have the report read. Michigan that the chairman accepted that suggestion at the sug­ Mr. PEARCE of Missouri. I wish to offer an amendment to gestion of the gentleman from Ohio who introduced the bill. the amendment-to strike out "thirty'~ and insert in lieu thereof Mr. BRUCKER. I do not care where the suggestion came from. "fifty;" so as to make the amount of this pension $50 a month. The amendment was certainly acceded to very readily by the Mr. Chairman, I introduced this bill- Committee on Invalid Pensions. I do not know what object the The CHAIRMAN. Does the gentleman from South Carolina Commissioner of Pensions or the Secretary of the Interior have at [Mr. TALBERT] desire- to have the report read? this time or at any other time in authorizing these published in­ Mr. TALBERT. I suggest to the gentleman from Missouri terviews in the public prints with reference to the amount of [Mr. PEARCE] that he allow the report to be read, and afterwards money that is being paid to pensioners. speak to his amendment. I do not want to take him off the floor. That, Mr. Chairman and gentlemen of the committee, would Mr. PEARCE of Missouri. Very well. not influence my vote on this proposition or any other proposition The report (by Mr. STURTEVANT) was read, as follows: to pension an honest Union soldier. [Applause.] As far as I am The Committee on Invalid Pensions, to whom was referred the bill (H. R. concerned, I do not care whether your pension roll is 8150~000,00(} 90!3) granting a pension to Ann M. Smith, have-examined the same and the or $200,000,000 so long as there is an honest and needy Union sol­ evidence relating thereto, and respectfully report: dier unpensioned. [Applause.] I am getting sick and tired of This bill as amended proposes to increase from $8 to ~per month the pension of Ann M. Smith, of St. Louis, Mo., as widow of the late Maj. Gen. this rant in the public prints and in this Chamber about the Andrew Jackson Smith. amount of our pension roll. My action or my vote shall not be General Smith entered the United States Military Aoadem¥ at West Point affected by any such statement. [Applause.] July 1, 183!, and was graduated July 1, 1838. He was commissiOned as second lieutenant of First United States Dragoons, and received various promo­ The question is whether this great Government has dealt hon­ tions until he reached the rank of colonel in the Regular Army, January 5, estly, fairly, and justly by every honest Union soldier. You and 1889. He was placed on the retired list January 22,1889, and died January I know to-day that there are thousands and thousands of decrepit, 80,1897. His pay as colonel was $3,500 per year and $320.83 additional after five broken-down, old Union soldiers all over this country eking out a years' service, and when on the retired list $2,843.75 per year. As major-gen· miserable existence upon 812 a month. It is a crying shame. eral it was l7,500 per year, and as brigadier $5,500 per year. And yet every day or two we notice that some public official, He was in the volunteer service from October 2J.861, to January 15 1866. Was mustered colonel Second California Cavalry volunteers and resigned1 either the Commissioner of Pensions or the Secretary of the In­ November 13, 1861; was commissioned brigadier:genera.lof volunteers March terior, or some one else connected with the Government, are being 20, 1862, and major-general of volunteers May M, 1864:. At the close of his interviewed as to how much the pension roll amounts to, attempt­ volunteer service he rejoined the Regular Army, and served as before stated until placed on the rettred list. HiS services were long, distinguished, and ing to influence our acts in this way. I am not talking politics; it meritorious, but not especially brilliant. was true under a Democratic Administration, and it is now em­ He died at the advanced age of 82 years, and there is no claim that his phasized under a Republican Administration. f Applause.] death was caused or hastened by disease or disabilities incurred in the service. Mr. TALBERT. I would like to ask the gentfeman where any­ He was kind and generous to his old comrades and died poor, leaving a widow now about 80 years of age. She draws the pension, given by our gen­ one would get the information about the condition of the Depart­ erallaws, of S8 per month, which is the maximum allowed to the widows of men t unless from the Commissioner of Pensions or the Secretary general officers whose death is not due to service. The bill as amended of the Interior? increases this S22 per month solely on account of the rank of her deceased hus· band. Mr. BRUCKER. No one has asked the Department at this Our laws granting pensions to widows on account of the service of the time about the condition of the pension roll or the amount of husband bas made no distinction between the widow of the private and the money we are paying out for pensions. I stand here to say that widow of the officer. It is a departure from the policy of these laws to grant an increase to the widows of general officers solely on the ground of rank. I am willing to go before the country, and I am willing to go be­ Special and meritorious oases are occasionally brought to the attention of fore my cons~ituents, Democrats as well as Republicans, and your committee where such de:parture is justified, and this is one. The long, stand upon this broad declaration, that I never shall be satisfied meritorious, and faithful sel'Vl.c&of the soldier and the age and necessiti~s of the widow make. this an exceptional case, where Congressional action is until the act of 1890 is amended so that the Commissioner of Pen­ warranted. sions shall have some discretion in a case where he finds an old sol­ It will be said that general officers, like. General Smith, ought, from their dier that can not trace his disability to army service, and is poor pay when in service and when on the retired list to save enough to make their widows comfortable. Whatever may be sa1d1 on this line, your com­ and in destitute circumstances, that the Commissioner shall be mittee answer that it is not the fault of the widow that he did not, and a given the opportunity of using his discretion to increase this sol­ grateful !md generous Government will see to it that she has a reasonable dier's pensiOn to 820 a month [applause] without obliging the sum to sustain her in her old age. In giving this increase we keep in mind the necessities of the hundreds of thousands of soldiers and soldiers' widows soldier to ask us to come here night after night to work on these now on the pension rollB, of those constantly being added, and also the in­ little popgun, private pension bills. creasing disabilities and necessities of all who have so bravely defended the If you want to deal fairly and honestly with the privates, the nation in its hours of peril. · Conservative and consistent action in special legislation will meet the ap­ ,Union soldiers, you will amend the pension law of 1890 and give proval of all, and your committee is of the opinion that no charge of extrava­ this discretionary power which I have just mentioned to the Sec­ gance or favoritism will be made when reasonable increases are given the retary of the Interior, or to the Commissioner of Pensions; then ~ed and necessitous widows of brave and distinguished general officers. you will not have to come up here night after night threatened Bills reported from your committee, giving this increase to $30 per month to the widows of General Pile and General Stevenson, have already met the ap­ with the point of no quorum. [Applause.] proval of the House. You ~:hould give this relief to the old boys by adopting the Where the death of the general officer is shown to be the result of disease amendment to the law of 1890 which I have offered, rather than or disabilities contracted in the service, your committee has fixed the limit of increase at S50per month, as in the oases of the widows of General Leggett to dole it out "piecemeal" by these popgun private pension bills. and Commander Cushing. The distinction that always has obtained in our [Applause.] general legislation and in special legislation must be maintained here. M.r. DANFORD. I did make a suggestion to the- chairman of The bill is therefore reported back with the recommendation that it pass when amended as follows: the Committee on Invalid Pensions that the amendment of the In line 6 strike out "Mrs." . gentleman from South Carolina [Mr. TALBERT] be accepted. I In line 7, after the word "Smith~.," insert "and pay her a pension." did it for the reason that we are here without a quorum and In line 7 strike out "one hundrea" and insert hi lieu thereof '' fttty." At the end of line 8 add: "in lieu of the pension she now receives." without the possibility of doing anything against the objection of Amend the title so it will read: ''A bill granting an increase of pension to any single member on this floor. [Cries of "Vote!" "Vote!"] Ann M .. Smith. 1898. CONGRESS! ON .AL RECORD-HOUSE. 3587

HOUSE OF REPRESID.'TATIVES, the old invader. The result of that campaign was the final defeat of the Washington, D. C., March 10, 1898. enemr. so tJ?.at Missouri was free from 1?-ny further ~ttles on her soil. DEAR Srn: Referring to H. R. 5080 and my remarks in connection there­ This serVIce performed, General Snuth took up his march again for Ten­ with, I beg to say that I intimately knew Maj. Gen. A. J. Smith for thirty nessee, and reached General Thomas's command in time to participate in the years prior to his death on January 30, 1891, at the advanced age of 82 years. battle Qf N~hville, where his 1rn.cce~ was so marked as to elicit t:q._e highest I have also been familiar with his financial cirQumstances. His charity comm.endation from the commanding general. He was again pf'omoted March 13, 1865, in the Re~r Army to brevet brigadier-general and major­ gifts to poor old soldiers kept his little life income constantly exhausted, so general for galla.nt serVIce at the battles of Tupelo, Miss., and Nashville that he died without mean.~. His widow has no means of support except a. ;Mexican war pension of S8 per month. and the old general's friends have had Tenn. ' to care for her. She is close on to 80 years of age, is verr. feeble, and in a.1l In ~865 he Cned circum· No braver man ever_tr<>4- a ship than Cushing. stances and in need of money for her support. But, gentlemen, h1s Widow, to whom you voted $50 a month a The other affidavits are exactly similar "in point of information. week ago, did not marry him until1870,and he-died in 1874. She General Smith was in the armies of the country for over half a did not partake of his tiials and sufferings or his sacrifices during century. His career began away back in 1838. In the following the war, and, as the report says, "she is not in what would ordi­ year he was ordered out upon the Western frontier, to what after­ narily be termed necessitous circumstances, but is at that a(J'e and wards became the Territory of Kansas. For more than twenty­ in that financial condition where her moderate means .:U1 be two successive years his service was in that portion of the coun­ rapidly exhausted unless a grateful Government extends further try, fighting Indians, pioneering new roads of civilization-down aid." through the Mexican war, up through New Mexico, and on through I make no complaint or criticism upon the action of this Honse California, away up to Oregon, and back again over the mountains in relation ~ Mrs. C~bing. It was right. I oJ?ly cite it to show over the plains, until he reached Jefferson Barracks again in 1860: that the Widow of thiS old hero, who has shared his sacrifices Then he was ordered out to San Francisco, where he was located shared hi~ trials, and. broken her health to stand by his side and at the time of the outbreak of the war for the Union. uphold his hand. durmg all.the half cen~ry of his army servico He was very early commissioned a brigadier-general of the and army devotiOn to the mterest of his flag and his country United States Army, and served during the entire war. I regret should be treated at least as well. [Applause.] ' to find it stated in this report of the Committee on Invalid Pen­ Mr. RAY of New York. Mr. Chairman, I do not see exactly sions that the record of Major-General Smith was not a brilliant why the gentleman should come here to-night and renew a battle one. Gentlemen of the House, I tell you that there was no more '!hich ha~ ~en fought out upon the floorof the House, on aqnes­ brilliant record of any general of the United States Army from tlon of pnnCiple. the beginning to the end of the war. He was the right hand of Mr. PEARCE of Missouri. Will the gentleman answer a ques­ Sherman-one of the great division and corps commanders. He tion? saved the command of General Banks, to whose widow you gave Mr. RAY of New York. Propound it.. S100 a month only two years ago. Let me read to you a little of Mr.. PEARCE of Missouri. I want to know if you will an· the history of this great soldier-a careful compilation made as a swer It? memorial by the Loyal Legion of the State of Missouri: Mr. RAY of New York. Propound it; I will wait. Mr. PEARCE of Missouri. Has this case ever been before this . Advanced to the rank of brigadier-general of volunteers, he served at Cor­ mth, under General Hall~ck, but first began to become more widely known House? after General Grant agam assumed command. In the operations aaainst Mr. RAY of New York. Mr. Chairman, I say that I can not­ Chickasaw Bluffs, under Sherman, and again at Arkansas Post, his se'rvices . Mr. PEARCE of Missouri. Will the gentleman answer the were marked by great enterprise and courage. At the latter place, and in the capture of the fort, the prompt and daring assault of his troops contrib­ question or will he not? uted largely to the fortunate and brilliant result. Mr. RAY of New York. I will not answer such a question as He 'Y"as in ~omma.nd of a division of the ~teenth Army Corps in the that. camprugn agamst Pemberton and the siege of VIcksburg, and displayed such ment that when, soon after, it became necessary to send a diVIsion to the 1\Ir. PEARCE of Missouri. That is all right. support of General Banks on his Red River expedition, and it was contem­ Mr. RAY of New York. The gentleman knows that this bill plated that even General Sherman should take command of it the troops has never been before this House before and he knows that I wet:e finally, by Grant and Sherman, placed under command of Gen. A. J. Sm1~h. .H.e proved most worthy of their trust. know it, and therefore there is no reason in ~king such a question His d.lVISlon captured Fort De Russy and he was in April, 1864-, brevetted Now, I. say again I do not know why he should come here t~ co_lonel m th~ RegnJ..ar Army for gallant and meritorious service at Pleasant renew thiS battle on a question of principle which has been set­ Hill When 1t was mtended to have General Smith and his men retired from this expedition near U.s close, Commodore Porter declared that such a step tled by- the Hous~ itself, unless it be for the purpose of delaying the would be disastrous to his vessels and to the Army. In May of the same year ~anting of pensiOns to needy and worthy old soldiers and to their he was given the double promotion to a full lieutenant-colonelcy in the Regu­ Widows. The record of General Smith has not been belittled and lar Army and to be major-general of volunteers. When returning from the Red River expedition he was sent against Gen­ will not be belittled. It can not be belittled. But we are not eral Forrest, then of great fame as a cavalry leader and who had recently pensioning General Smith. He is not here. defeated Sturgis at Guntown, Miss. Forrest was defeated at the battle of Now, ~hat is. the question in-yolved? We have here a question Tupelo .and again at .Oldtown Creek, in June, 1864. When General Price of granting an mcrease of pension to the widow of a general who ~de his ~t Missourt campaign, pretending that he:even thought of captur­ mg St. LoUIS, General Smith was stopped on his way to Tennessee and then is dead and gone. That general was educated at the expense of by General Rosecrans, who commanded the department, was direc~d against the United States. He went into the Army and was promoted 3588 CONGRESSIONAL REOORD-HOUSE. APRIL 5,

years ago to the position of colonel, when he drew 63,500 per year the whole country, and will commend itself to the privates and salary, and after he bad served for five years he drew $3,820.33 a to the widows of privates, and to the widows of officers of the year. That was gradually increased. lower rank who served in the Army. He was commissioned during the civil war, first a brigaillE;~r I ask you again, gentlemen, as I have before, to remember we and then a major general, and he drew 87,500 a year as major­ have before our committee over 3,500 private pension bills. A general. In the year 1889 he was placed on the retired list by great majority of those we have examined have presented deserv­ this Government, after which time he did no duty whatever, and ing and meritorious cases of war widows! of broken-down and from that time down to the date of his death, eight years, he drew battle-scarred old veterans, men shot to pieces and helpless, draw­ in round number 83,000 every year. He was postmaster at St. ing SS, 812, and 815 a month; war widows of old soldiers, who Louis. He had a salary and an income that should have enabled served their country for four years, only drawing S8 a month and him to save something. trying to eke a scanty sustenance upon that sum of money. poor I do not blame him because he did not. I am not here to say and poverty stricken. · a word about that; but he drew from this Government, for more Now, all these should be cared for, and we had better allow 830 than a quarter of a century, over $5,000 a year, and was draw­ per month to the widow of a brigadier-general, and take up six or ing a large salary as postmaster in the last days of his life and eight of the widows of private soldiers who are needy and in dan­ at the same time drawing $3,000 a year from this Government for ger of the poorhouse, and take the extra $20 some would give the doing nothing. This Republic was kind and generous to him. general's widow on account of the rank of her husband, and dis­ He left this widow. tribute it among these privates' widows, and then we can reach There is no pretense that General Smith died because of any the homes of hundreds, yea, of thousands, of the widows of brave disease contracted or any wound received in the service. The old soldiers, and we can reach hundreds of battle-scarred veterans truth is the record shows he never was touched by a bullet, or if of the late war. Extravagantspeciallegislationmnstbe guarded he ever waB, it was so lightly that no record has been made of it. He against. was high up in rank, but those who went through the dust and the I am in favor of pensioning the disabled soldier; I am in favor mud and the smoke and flame of battle know that when the bat­ of re.asonably pensioning the war widows, giving them what will tle was on, the privates were at the front; they took the lead and relieve their necessities; but I am not in favor of opening our iron death, while the generals, as a rule, were back in the woods, Treasury and pouring out the money like water to widows or offi~ or on some high hill, out of reach of the guns. cers simply because of rank. I trust, Mr. Chairman, that the When I say this I do not belittle the records of the generals at action of the committee will be again sustained as it has been all, because brains are worth something, and yon must have a three times before, and that this committee amendment will be bead, and these men who wore the shoulder straps won their stars adopted and the suggested amendment of the gentleman from Mis.. and deserved all they got. sonri rMr. PEARCEl be voted down. Now, the case of the widow of General Stevenson was up here Mr.l>EARCE of 'Missouri. Mr. Chairman, the gentleman seems a week ago, I think. He did not die of any disease or disability to indulge in a little personal criticism on this occasion, when he contracted in the service, and so the Committee on Invalid Pen­ says that I am here to fight over again an old fight. Let me say sions fixed the rate for his widow at $30 per month, as we have to the distinguished gentleman from New York that I do not ask done in the case of General Pile, just as worthy a soldier as any his privilege to be on this floor or to make any fight that suits my of these other generals. :Mrs. Pile's bill went through this House pleasure. I am not responsible to him, but to my constituents in without a word being said. We have fixed that 1·ate in several the city of St. Louis, and will fight here just as often and just as cases that have gone through this House without a wo:rd being said. long as I choose, without any apology to him. When the case of the widow of General Stevenson came up, the Mr. RAY of New York. Do not bite me. Iwouldnotfight. I gentleman from Missouri made a fight, and by massing his forces would run away-- here in Committee of the Whole he carried it, and on a vote of 79 Mr. PEARCE of Missouri. I know you will. he had 40 votes to raise the pension to $50, and there were 39 votes .Mr. RAY of New York. Before I would have yon bite me. against. it. The question was carried into the House, and on Fri­ Mr. PEARCE of Missouri. And he says I am here delaying day last, by a vote of more than 90 to something like 40, the House pension legislation. Let us see what the RECORD shows. The itself decided that the Committee on Invalid Pensions was doing gentleman has occupied 50 per cent more time in this discussion right and had done right and should be sustained in its action. than I have. And it was the same on the floor of the House when The House approved $30 in such a case as this. Now, what was he undertook to ~slead the House, as he did. He occupied an that action? hour and fifteen minutes, and refused to give us, who represented The general law gives to this widow 88 a month and no more, the other side, more than ten minutes. and when we increase it to $30 per month, we are giving the widow Mr. RAY of New York. But you know betLL6r than that. of this general officer $22 per month more than is given to the Mr. PEARCE of Missouri. That is your fairness. I know that widow of a private soldier. $22 a month more than is given to the I am stating the truth: and by the watch. widow of the captain or the major or the colonel under precisely'· Mr. RAY of New York. I occupied thirty-two minutes , and the same conditions, and we give it to her solely on account of her that is all; and that the RECORD shows. The Speaker so stated at husband's rank. She has not been deprived of anything by reason the time. of his military service. She has shared these large salaries. Mr. PEARCE of Missouri. But the gentleman from New York That old soldier lived to reach the age of 83 years. He lived and the people to whom he gave time to represent his side of the · out the full measure of his life, and when we give to her more case occupied an hour and fifteen minutes by my watch. My col­ than is given to the widows of other brave soldiers of the Republic league from Missouri [Mr. JoY] asked him a li.ttle consideration, in the same condition, an i.n,crease of $22 a month, we go a great and yet he would only give him ten minutes, and my colleague way when we give it to her simply because of the rank of her had to give five of that to me. [Laughter. J That is the fairness husband and her necessity. That has been done in four or five of the chairman of the committee! cases where the death of the soldier was not due to disease or dis­ Now, I want to say to this House, in all fairness and considera­ ability contracted in the service. tion, with respect to the Committee on Invalid Pensions, I know In the case where a woman is left a widow, and the death of their work is hard and arduous, and I sympathize with them in her husband was caused by wounds received or disabilities in­ that work; but I want to say to this House that it is not the Com­ curred in the service, and the wife loses her husband because of mittee on Invalid Pensions that made the general rules for this his service and before he has lived out his full measure of life, the House to follow. This House has established a rule of twenty­ general law gives to her a pension of 830 per month because she two years' duration. unvaried in the case of major-generals of the has lost her husband by reason of his army service. Army. And now, when all. these old widows of these grand old Now, in those cases the Committee on Invalid Pensions have heroes of the war are standing upon the verge of the grave, bowed not given an increase in the same ratio that we have in this other down with infirmity, you want to institute a new rule and make class of cases, because there we have refused to grant an increase their remaining years just as miserable as yon can. in any case above $50, which is in any event only $20 a month in Mr. RAY of New York. I beg your pardon. I want to pass excess of the legal rate, and in many of these cases we have only this bill so she will have a pension. gone to $40, and in one case to 535, depending on the surroundings Mr. PEARCE of Missouri. I am on the floor now and wish of the widow. to have my say. I want to say to the distinguished gentleman So that we have been perfectly consistent. We have been rea­ from New York that I will stand here as often and as long and sonable; we ha.ve maintained the same distinction that is main­ speak as energetically as he will for the benefit of the widows of tained by the general law, which gives, you see, only 88 per month the private soldiers. I have sympathized with them as much as to the widow where the death of her husband was not due to his he has and know them as well as he does and will stand by them service, and saoto the widow who Joses her husband because of aB long. his army service. When we give the increase we give it in the The CHAIRMAN. The question is on the adoption of the same proportion, excepting that we make a larger increase in the amendment offered by the gentleman from Missouri. case of a widow like this than we do in the other cases. Now, The question was taken; and the Chairman announced that tha that is reasonable, sensible, consistent, and commends itself to noes appeared to have it. 1898. CONGRESSIONAL RECORD-HOUSE. 3589

Mr. PEARCE of Missouri Division! other battles and engagement-s. It is apparent that he was a brave, faithful, and efficient officer. The committee divided; and there were-ayes 17, noes 27. At his death, which can not satisfactorily be shown to be due to service, he So the amendment was rejected. left his widow, Adolphine Krez, now over 60 years of age. She is sickly and The CHAIRMAN. The question is upon the amendment pro­ under the doctor's care. She has the use of the house in which she lives, and the use of other property which brings her about $12 per mo:tth. Aside from posed by the committ~e. this she is entirely dependent upon two unmarried daughters. The amendment was agreed to. In view of the necessitous circumstances of this widow, her sickly and de­ The bill as amended was ordered to be laid aside with a favor­ pendent condition, the rank and long and meritorious service of her hrur band, your committee concur in the Senate bill and report the same back able recommendation. favorably. Could it be shown that her husband died of disease contracted EMILY .A. HAUSNER. or wounds received in the service she would be entitled to SOO :per month from the Government, and as the soldier was brevetted brigadie-r-general The next business on the Private Calendar was the bill (H. R. your committee treat his widow, who was his wife during the war, the same 7802) granting a -pension to Emily A. Hausner. as we treat the widows of other general officers under the same circum· stances. The bill was read, as follows: The Senate bill is reported back with the recommendation that it pass Be it entZCted, etc., That the Secretary of the Interior be, and he hereby is, when amended as follows: authorized and direct~d to I?lace on the pension roll the name of Emily A, In line 8, after the word "pension," insert" at the rate." Hausner, of Ithaca.. N. Y., mdow of Charles W. Hausner, late Company E. Amend the title so it will read: "An act granting a pension to Adolphine Sixty-fourth NewYorkVolunteer Infantry,andpayhera pension at thera.te Krez." of $12 per month. The amendments recommended by the committee were agreed to. Mr. TALBERT. Mr. Chairman, I ask for the reading of the The bill was laid aside to be reported to the House with a favor· report. able recommendation. The CHAIRMAN. The ClP.rk will read the report in the pime GEORGE W. OSBORN. of the gentleman from South Carolina. The next business on the Private Calendar was the bill (H. R. Mr. RAY of New York. Will the gentleman permit an ex­ 4961) to pension George W. Osborn. planation? The Clerk read the bill, as follows: Mr. TALBERT. Ce1·tainly. Be it rnacted, etc., That the Secretary of the Interior be, and he is hereby, :M:r. RAY of New York. This soldier, in actual battle at Fair authorized and directed to place the name of George W. Osborn, of Mattoon, Oaks, Va., I think, was shot through the hip and through the Ill., of Co~pany C, Fifty-fourth R-egiment Ohio Volunteer Infantry, on the breast-that is, his side-not through the lungs. Hewasalsoshot pension roll, subject to the provisions and limitations of the pension laws, through the neck, right through under the ear, coming out just and pay him a pension of $50 per month. under the lobe of the other ear. The ball struck the spinal col­ The amendments recommended by the committee are as follows: In line 8 strike out the words .. of fifty" and insert in lieu thereof the umn. From that time on he began to grow blind. He had dif­ words "at the rate of twenty-four." ferent diseases, and finally he became substantially blind, and Amend the title so as to read: "A bill granting an inerease of pension to died of what the doctor said (it was not his family physician) was George W. Osborn." "cerebral apoplexy." The amendments recommended by the committee were agreed to. / That statement came on t

Be it enacted, etc. , That the Secretary of the Interior be1 and he is hereby, Mr. TALBERT (before the reading of the report was concluded). authorized and directed to place the name of James E. Eaton upon the pen­ I ask that the further reading of the report be dispensed with. sion roll of the United States at the rate of~ per month, instead and in lieu of the amount heretofore received by him: Provided, however, That this in­ There was no objection. crease shall take effect from and after July 1, 1S97. The amendment reported by the committee was agreed to. The amendments reported by the committee were read, as fol­ The bill as amended was laid aside to be reported favorably to lows: the Honse. After the words "United States," in line 5, insert " and pay him a pen­ IRA INGRAHAM, sion." The next business on the Private Calendar was the bill (H. R. In line 6, strike out" thirty-five" and insert "twenty-four;" so as to read "$24 per month." 99) granting a pension to Ira Ingraham. Strike out all after the word "month," in line 7, and insert "in lieu of the The bill was read, as follows: ponaion he is now receiving." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendments were agreed to. authorized and directed to place on the pension roll the name of Ira Ingraham. volunteer surgeon from Rhode Island during the war of the rebellion, at the The bill as amended was laid aside to be reported favorably to rate of $1.2 per month. the House. · CLARISSA E. HOBBS. The amendment reported by the committee was read, as follows: After the word "rebellion," in line 6, insert ''and pay him a pension." The next business on the Private Calendar was the bill (S. 603) The amendment was agreed to. granting a pension to Clarissa E. Hobbs. The bill as amended was laid aside to be reported favorably to The bill was read, as follows: the House. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the name of Clarissa. E. JOHN T, BREWSTER. Hobbs, of Louisville, Nebr., and pay her at the rate of $12 per month for The next business on the Private Calendar was the bill (H. R. services as nurse in the Twelfth Regiment Iowa Infantry. 2318) for the relief of John T. Brewster. The amendment reported by the committee wa~:~ read, as follows: The bill was read, as follows: After the word "her," in line 5, insert "a pension." Be it enacted, etc., That the name of John T. Brewster, late a sergeant in The amendment was agreed to. Company K, One hundred and forty-first Regiment of Pennsylvania Volun· teer Infantry, be placed on the rolJ of United States pensioners at the in­ Mr. TALBERT. I ask for the reading of the report in this case. crease rate of $50 per month, in lieu of the pension which he is now in receipt The Clerk proceeded to read the following report (by Mr. MIERS of, subject to the provisions and limitations of the pension laws. of Indiana): The bill was laid aside to be reported favorably to the House. The Committee on Invalid Pensions, to whom was referred Senate bill603 and House bill 1009, grantirig a pension to Clarissa. E. Hobbs, have examined C.ATH.ARL~E LEARY. the same and the evidence relating thereto and report the Senate bill. The next business on. thePrivateCalendarwas the bill (S.1450) This bill proposes to pension, at $12 per month, Clarissa. E. Hobbs, of Lou- isville, Nebr. . granting a pension to Catharine Leary, The Senate report states the facts, and is as folJows: The bill was read, as follows: "The Committee on Pensions to whom was referr.ed the bill (S. 603) grant­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, ing a pension to Clarissa E. HobbS, have examined the same, and report: authorized and directed to place on the pension roll the name of Catharine "A similar bill was introduced in the Senate during the Fifty-fourth Con­ Leary, a nnrse in the war of tho rebellion, and to pay her a pension at the gre s, passed the Senate, and was reported favorably by the Honse. rate of $12 per month on and after the passage of this act. "The Senate report was as follows, which your committee adopt, and rec­ ommend the ~assage of the bill: The bill was laid aside to be reported favorably to the House. "The petitioner referred to herein made application to the Pension Office under the general law granting pensions to nurses, but was rejected on the SARAH R. FRA.RY, ground that there was no record in the War Department of any authority Thenextbusiness on the Private Calendar was the bill (S. 499) by which the petitioner was employed as hospital nurse. The fact of her services is beyond question, as the following affidavit will show, and other granting a pension to Sarah R. Frary. evidence in the papers fully corroborate. The bill was read, as follows: "It appears that she was regimental nurse of the Twelfth Iowa Infantry Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, from its organization at Camp Union, Iowa, on the 18th day of October,18Gl, authorized and ilirected to place on t,he pension roll, subject to the provi­ to the 2d day of January, 1862, and she was honorably released at St. Louis, sions and limitations of the pension Jaws, the name of Sarah R. Frary, widow Mo. 8he also served at Smithland, Ky., Savannah Tenn., and Pittsburg of Jedediah C. W. Frary, late of Company H, Eighteenth !-lew Hampshire Landing, and in said service she incurred these disabilities, from which she Volunteer Infantry, and pay her a pension at the rate of $8 per month. has been suffering ever since; and while she has no medical record on 1lle in the War Department, it a!)pears, over the signature of Col. F. C. Ainsworth, WILLIAM IOTT, Chief of the Record and Pension Office, War Department, 'that she has a record as nurse, and that she faithfully performed the duties of nurse and The next business on the Private Calendar was the bill (H. R. rendered more efficient service to the sick than any other nurse in the hos· 7554) granting a pension to William Iott, of Gowen, Mich. pital' The following affidavit is submitted: The bill was read, as follows: "STATE OF IOWA, Wright CO'Unt?j: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby "I, F. C. Cromwell, being first duly sworn, do depose and say: That I was authorized and directed to place upon the pension rollt.!ub~ect to the pro­ a member of Company A, of Twelfth Regiment Iowa Volunteer Infantry; visions and limitations of the pension laws, the name of vv illia.m Iott, father that I enlisted on or about September 15,1861, at Aldora, Iowa; I went into of Thomas M.lott, late of Company G, Fifteenth Michigan Infantr_y; Harrison camp of instruction at Dubuque, Iowa, on or about October 1, 1861; that on Iott, late of Company I, First Michigan Cavalry, and John Iott.late of Com­ or about said date J. C. H. Hobbs vohmteered in said company and regiment; pany K., Eighth Miclrlgan Infantry, and pay him a pension at the rate of S12 that said J. C. H. Hobbs was accompanied by his wife, Mrs. Clarissa E. per month. Hobbs; that on or near the above date J. C. H. Hobbs was detailed as hos­ pital steward, and that Clarissa E. Hobbs acted as nurse to said company and The amendment reported by the committee was read, as follows: regiment durmg our stay at Dubuque, Iowa, and that she accompanied said Amend the title so as to read: "A bill granting a pension to William Iott." regiment to St. Louis, Mo., a:Q.d that she accompanied said regiment to Smith­ The amendment was adopted. land, Ky. also to Fort Donelson, Tenn., and from there to Savannah, Tenn. "I further state that it was my custom to visit the sick in the hospitals where The bill as amended was laid aside to be reported favorably to our regiment was encamped, and that I personally visited at Dubuque, Iowa, the House. St. Louis, Mo., Smithland, Ky., Fort Donelson, Tenn., and Savannah, Tenn., RAY the hospitals of our r egiment during the time of the encampment of said regi­ Mr. of New York. I move that the committee rise. ment at said J?laces in the fall of 1861 and spring of 1862, and that I was well The motion was agreed to. acquainted With the said Clarissa E. Hobbs, and saw her acting as nnrse in The committee accordingly rose; and Mr. CoNNOLLY having 1898. . ~ RECORD-HOUSE. .J CONGRESSIONAL 3591 resumed the chair as Speaker pro tempore, Mr. MoODY reported which was referred the bill of the Senate (S. 732) granting an in­ that the Committee of the Whole House having had under con­ crease of pension to William H. H. Wright, of McPherson, Kans., sideration bills on the Private Calendar, had directed him to report reported the same with amendment, accompanied by a report back sundry bills with favorable recommendation, some with and (No. 972); which sajd bill and report were referred to the Private some without amendment. Calendar. ORDER OF BUSINESS, Mr. BELKNAP, from the Committee on Military Affairs, to which was referred the bill of the House (H. R. 6649) to remove Mr. RAY of New York. Mr. Speaker, I ask unanimous consent the charge of desertion against James J. Fluke, reported the same that as to each of these bills which have been reported to the House with amendment, accompanied by a report (No. 973); which said with a favorable recommendation the previous question be con­ bill and report were referred to the Private Calendar. sidered as ordered on the bill and amendments to final passage. He also, from tlie same committee, to which was referred the The SPEAKER pro tempore. Is there objection to granting bill of the Honse (H. R. 872) for the relief of George W. Spencer, the request of the gentleman from New York? The Chair hears reported the same without amendment, accompanied by a report none and it is so ordered. (No. 974); which said bill and report were referred to the Private . And then (the hour of 10 o'clock and 30 minutes p.m. having Calendar. arrived) the House adjourned. He also, from the same committee, to which was referred the bill of the Honse (H. R. 1008) to remove the charge of desertion EXECUTIVE COMMUNICATION. standing against Michael F. Newell, reported the same with Under clause 2 of Rule XXIV, a letter from the Secretary of the amendment, accompanied by a report (No. 975); which said bill Treasury, transmitting a draft of a bill for the protection of the and report were referred to the Private Calendar. salmon fisheries of Alaska, was taken from the Speaker's table, re­ Mr. BROMWELL, from the Committee on Pensions, to which ferred to the Committee on the Territories, and ordered to be was referred the bill of the Honse (H. R. 2231) granting a pension printed. · to C. S. Alvord, reported the same with amendment, accompanied by a report (No. 976); which said bill and report were referred to the Private Calendar. REPORTS OF COMMITTE.ES ON PUBLIC BILLS AND Mr. WEYMOUTH, from the Committee on Pensions, to which RESOLUTIONS. was referred the bill of the Honse (H. R. 6799) granting an in­ Under clause 2 of Rule XIII, bills and resolutions of the follow­ crease of pension to Warren W. Morgan, reported the same with ing titles were severally reported from committees, delivered to amendment, accompanied by a report (No. 977); which said bill the Clerk, and referred to the several Calendars therein named, as and report were·referred to the Private Calendar. follows: Mr. BROMWELL, from the Committee on Pensions, to which Mr. ALEXANDER, from the Committee on the Judiciary, to was referred the bill of the Honse (H. R. 7672) to increase the which was referred the bill of the Honse (H. R. 6160) to amend pension of George W. D. Wade, reported the same· without section 4746 of the Revised Statutes of the United States, reported amendment, accompanied by a report (No. 978); which said bill the same with amendment, accompanied by a report (No. 967); and report were referred to the Private Calendar. which said bill and report were referred to the House Calendar. Mr. STALLINGS, from the Committee on Pensions, to which :Mr. GRIFFIN, from the Committee on Military Affairs, to ·was referred the bill of the House (H . .R. 8904) to pension Mrs. which was referred the bill of the Honse (H. R. 5) to provide for Mary E. Taylor, reported the same with amendment, accompa­ the transfer of Fort Omaha Military Reservation to the State of nied by a report (No. 979); which said bill and report were re- Nebraska, reported the same with amendment, accompanied by a ferred to the Private Calendar. · report (No. 969); which said bill and report were referred to the He also, from the same committee, to which was referred the Committee of the Whole House on the state of the Union. bill of the Senate (S. 3345) granting an increase of pension to Mr. HOOKER, from the Committee on Rivers and Harbors, to :Martha Ann Hynes, reported the same without amendment, ac­ which was refen·ed the bill of the Senate (S. 4127) to provide for companied by a report (No. 980); which said bill and report were dredging the channel in the harbor of New Bedford, Mass., re­ referred to the Private Calendar. ported the same without amendment, accompanied •by a report Mr. LOUDENSLAGER, from the Committee on Pensions, to (No. 985); which said bill and report were referred to the Com­ which was referred the bill of the Senate (S. 496) granting a pen­ mittee of the Whole Honse·on the state of the Union. sion to Simpson Everett Stilwell, reported the same with amend­ ment, accompanied by a report (No. 981); which said bill and report were referred to the Private Calendar. REPORTS OF COMMITTEES ON PRIVATE BILLS AND Mr. SHELDEN, from the Committee on Pensions, to which was RESOLUTIONS. referred the bill of the House (H. .R. 135) for the relief of Michael Under clause 2 of Rule XIII, private bills and resolutions of the Bassett, reported t~e sa~e ~th amendment, accompanied by a re­ following titles were severally reported from committees, delivered port (No. 982); wh1ch sa1d b1ll and report were referred to the Pri­ to the Clerk, and referred to the Committee of the Whole House, vate Calendar. as follows: Mr. HOWE, from the Committee on Pensions, to which was Mr. HENRY of Connecticut, from the Committee on Invalid referred the bill of the House (H. R. 7596) granting an increase Pensions, to which was referred the bill of the Senate (S. 493) grant­ of pension to HenrySchnettberg, of Indiana, Pa., reported the same ing a pension to Mary A. Wise, reported the same without amend­ with amendment, accompanied by a report (No. 983); which said ment, accompanied by a report (No. 964); which said bill andre­ bill and report were referred to the Private Calendar. port were referred to the Private Calendar. Mr. STRODE of Nebraska, from the Committee on Pensions Mr. SULLOWAY, from the Committee on Invalid Pensions, to to which was referred the bill of the House (H. R. 3164) granting which was referred the bill of the House (H. R. 8906) to pension a pension to Alden B. Tho~pson, of Farmvale, Hamilton County, J. S. Waggener, of Hillsboro,': Oreg., reported the same with Nebr., report-ed the same Without amendment, accompanied bv a amendment, accompanied by a report (No. 965); which said bill report (No. 984); which said bill and report were referred to the and report were referred to the Private Calendar. Private Calendar. Mr. MIERS of Indiana, from the Committee on Invalid Pen­ sions, to which was referred the bill of the Honse (H. R. 7007) CHANGE OF REFERENCE. to increase the pension of Samuel B. Davis. reported the same Under clause 2 of Rule XXII, committees were discharged from with amendment, accompanied by a report (No. 966); which said the consideration of bills of the following titles; which were bill and report were referred to the Private Calendar. thereupon referred as follows: Mr. BROWNLOW, from the Committee on Military Affairs, to A bill (H. R. 9305) to correct the military record of John L. which was referred the bill of the House (H. R. 3230) to remove King-Committee on Military Affairs discharged, and referred to the charge of desertion from the military record of Thomas Con­ the Committee on Naval Affairs. nolly, reported the same with amendment, accompanied bv a A bill (H. R. 9454) for the relief of Jeronemns S. Underhill­ report (No. 968); which said bill and report were referred to the Committee on Claims discharged, and referred to the Committee Private Calendar. on War Claims. Mr. HENRY of Connecticut, from the Committee on Invalid Pensions, to which was refen-ed the bill of the House (H. R. 2695) granting a pension to Olivia Betton, reported the same with amend­ PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS ment, a-ccompanied by a report (No. 970); which said bill andre­ INTRODUCED. port were referred to the Private Calendar. Under clause 3 of Rule XXTI, biliB, resolutions, and memorials Mr. WARNER, from the Committee on Invalid Pensions, to of the following titles were introduced and severally referred as which was referred the bill of the House (H. R. 1529) granting follows: an increase of pension to William H. H. Nevitt, reported the same By Mr. WILLIAM A. STONE: A bill (H. R. 9723) to test ma­ with amendment, accompanied by a report (No. 971); which said ter~als for road making and to encourage road building in the bill and report were referred to the Private Calendar. Umted States-to the Committee on Appropriations. Mr. BOTKIN, from the Committee on Invalid Pensions, to By Mr. DE VRIES: A bill (H. R. 9724) to enable the United 3592 CONGRESSIONAL RECORD-HOUSE. APRIL5,

States to expend for river improvement of certain California to appropriations for a national exposition at the city.of Philadel· rivers moneys appropriated by the State of California for that phia-to the Committee on Appropriations. purpose-to the Committee on Rivers and Harbors. By Mr. BARTLETT: Petition of J. M. Meansandothercitizens By Mr. McCLEARY: A bill (H. R. 9725) to provide for strength­ of Meansville, Ga., favoring the passage of the anti-scalping bill­ ening the public credit, for the relief of the United States Treas­ to the Committee on Interstate and For eign Commerce. ury, and for the amendment of the laws relating to national bank­ By Mr. BINGHAM: Resolutions of the Trades League of Phil· ing associations-to the Committee on Banking and Currency. adelphia, Pa., asking for the pa-ssage of House bill No. 8066, relat­ By Mr. YOUNG of Pennsylvanh: A bill (H. R. 9726) to amend ing to appropriations to aid in the holding of a national exposition section 4445 of Title LII of the Revised Statutes of the United of American products and manufactures in Philadelphia-to the States-to the Committee on the Merchant Marine and Fisheries. Committee on Interstate and Foreign Commerce. By Mr. LITTLE: A bill (H. R. 974.6) to establish a United Al o, petition of the German Woman's Christian Temperance States court at Sallisaw, Cherokee Nation, Indian Territory-to Union of Pennsylvania, favoring the passage of a bill to protect the Committee on the Judiciary. State anti-cigarette laws by providing that cigarettes imported in By Mr. DE VRIES: A joint resolution (H. Res. 221) for im­ original packages on entering any State shall become subject to provement of San JoaquinRiverandStockton and Mormon chan­ its laws-to the Committee on the Judiciary. nels, California-to the Committee on Rivers au.d Harbors. . Also, petition of the German Woman's G"hristian Temperance By Mr. CUMMINGS: A joint resolution (H. Res. 222) author­ Union, of Philadelphia, Pa., praying for the enactment of legisla­ izing the Librarian of Congress to accept the collection of engrav­ tion prohibiting the sale of intoxicating liquors in all Govern· ings propo ed to be donated to the Library of Congress by Mrs. ment buildings-to the Committee on Alcoholic Liquor Traffic. Gertrude M. Hubbard-to the Committee on the Library. By Mr. BOUTELLE of Maine: Petitions of the Baptist Church By Mr. WILLIAM A. STONE: A joint resolution (H. Res. 223) and Society of Amity, Me., praying fo1· the enactment of legisla­ requesting the Secretary of State to demand and urge the pay­ tion to protect State anti-cigarette laws, to fo1·bid the interstate ment of an indemnity for the murder of Frank G. Lenz-to the transmission of lottery messages, and to raise the age of protec­ Committee on Foreign Affairs. tion for gil'ls to 18 years in the District of Columbia and the Ter• ritoriea-to the Committee on the Judiciary. Also, petition of the Baptist Church and Society of Amity, Me., PRIVATE BILLS AND RESOLUTIONS INTRODUCED. favorin~ the passage of a bill to prohibit the sale of intoxicating Under clause 1 of Rule XXII, private bills and resolutions of liquors mall Government buildings-to the Committee on Public the following titles were introduced and severally referred as fol­ Buildings and Grounds. lows: By Mr. BRODERICK~ Resolution of Division No. 11, of New­ By Mr. ADAMSON: A bill (H. R. 9727) granting a pension to ton, Kans., Order of Railway Conductors, in favor of House bills Ruetha Moran-to the Committee on Pensions. Nos. 6092 and 7389 and Senate bills No. 35 and 95, in the interests By Mr. BINGHAM: A bill (H. R. !t728) for the relief of Hugh of labor-to the Committee on the Judiciary. Harkiris, captain Company G, Third Re~ment Pennsylvania Re­ By Mr. BROWNLOW~ Petitions of W. B. Robinson, C. W. serve Volunteers-to tlie Committee on ulaims. Perry, and others, and W. H. Penland, J. H. La Rue, and others, By Mr. BROWNLOW: A bill (H. R. 9729) to increase the pen­ citizens of Newport, Tenn., in favor of the anti-scalping bill-to sion of William S. Smithson, late Company D, Fifth Tennessee the Committee on Interstate and Foreign Commerce. Voluntero:s, Mexican War-to the Comnuttee on Pensions. By Mr. BURTON: Petitions of the Woman's Christian Temper· By Mr. CASTLE: A bill (H. R. 9730) to increase the pension of ance Union of Berea; Methodist Episcopal Church and Epworth John F. Faust-to the Committee on Invalid Pensions. League of Troy, and First Congregational Church and Christian By Mr. CATCHINGS: A bill {H. R. 9731) for the relief of estate Endeavor Society of Troy, Ohio, praying for the enactment of of Harry H. Beard. deceased, late of Coahoma County, Miss.- to legislation prohibiting the sale of intoxicating liquors in all Gov­ the Committee on War Claims. ernment buildings-to the Committee on Public Buildings and By Mr. CHICKERING: A bill (H. R. 9732) to enforce act of Grounds. Jnly 14, 1892-to the Committee on Invalid Pensions. Also, petitions of the Berea Woman's Christian Temperance By M.r. DAVISON of Kentucky: A bill (H. R. 9733) for the relief Union, First Congregational Church and Christian Endeavor So­ of James W. Norris-to the Committee on Invalid Pensions. ciety, Methodist Episcopal Church and Epworth League, S. Grant By Mr. DE VRIES: A bill (H. R. 9734) to grant a pension to Miller, and other citizens, of Troy, Ohio, favoring legislation pro· James Dean-to the Committee on Invalid Pensions. viding that cigarettes imported in original packages on entering By Mr. DORR: A bill (H.R. 973o).grantinga pension toW. W. any State shall become subject to its laws, to forbid interstate Hutchison, late of Company K, First West Virginia Infantry- to transmission of lottery messages by telegraph, and to raise the age the Committee on Invalid Pensions. of protection for girls to 18 years-to the Committee on the Judi· By Mr. GREENE: A bill (H. R. 9736) granting a pension to ciary. John Brown, late of Company A, Fifty-eighth Regiment Penn· By Mr. CANNON: Petitions of First Baptist Church and Metho­ sylvania Volunteer Infantry-to the Committee on Invalid Pen­ dist Episcopal Church of Momence, ill., and the Kankakee County sions. Sunday school convention, asking for the passage of bills to raise By Mr. GRIFFITH: A bill (H. R. 9737) removing the charge the age of protection for girls to 18 years in the District of Colum­ of desertion against Theodore Werner, of North Vernon, Ind.-to bia, to protect State anti-cigarette laws, and to forbid the trans­ the Committee on Military Affairs. mission of lottery messages by telegraph-to the Committee on By Mr. HAY: A bill (H. R. 9738) for the relief of the legal rep­ the Judiciary. resentative of John A very, deceased, late of Prince George County, Also, petition of the Kankakee County Sunday school conven­ Va.-to the Committee on War Claims. tion and Methodist Episcopal Church of Momence, Ill., in favor By Mr. LOVERING: A bill (H. R. 9739) granting an increase of the passage of a bill to prohibit the sale of liquors in Govern· of pension to Horace N. Brackett-to the Committee on Invalid ment buildings-to the Committee on Alcoholic Liquor Traffic. Pensions. By Mr. CARMACK: Four petitions of citizens of Williston By Mr. LYBRAND: A bill (H. R. 9740) granting a pension to and Germantown, Tenn., favoring the anti-scalping bill-to the Benjamin Meredith-to the Commi~tee on Invalid Pensions. Committee on Interstate and Foreign Commerce. By Mr. PETERS: A bill (H. R. 9741) for the relief of John Z. By Mr. C.ASTLE: Petitions of the Methodist Episcopal Church Clark, of Ottawa, Kans.-to the Committee on Claims. of Fairview and citizens of Easton, Cal, for the passage of a bill By :Mr. SIMS {by request): A bill (H. R. 9742) for the benefit of to prohibit the sale of liquors in Government buildings-to the H. C. Ruth-to the Committee on War Claims. Committee on Public Buildings and Grounds. By Mr. SMITH of Kentucky: A bill {H. R. 9743) for the relief Also, petition of the Methodist Episcopal Church and citizens of Joseph Metcalfe-to the Committee on Military Affairs. of Easton, Cal., favoring legislation providing that cigarettes im· Also, a bill {H. R. 9744) for the relief of Daniel J. Basham-to ported in original packages on entering any State shall become the Committee on Invalid Pensions. subject to its laws, to forbid interstate transmission of lottery Also, a bill (H. R. 9745) for the relief of Benjamin 0. Purvis­ messages by telegraph, and to raise the age of protection for girls to the Committee on Military Affairs. to 18 years-to the Committee on the Judiciary. By Mr. LOVE: A bill (H. R. 9747) for the relief of Frank J. By Mr. CATCHINGS: Petition of A. H. Stone and 17 other citi· Ladner-to the Committee on the Public Lands. zens of Swain, Miss., in favor of the passage of the anti-scalping bill-to the Committee on Interstate and Foreign Commerce. By Mr. COCHRAN of 1llissouri: PetitionoftheMethodistEpis­ PETITIONS, ETC. copal Church Temperance Society, of North Germantown, N.Y., Under clause 1 of Rule XXII, the following petitions and papers in favor of a bill prohibiting the sale of intoxicating liquors in all were laid on the Clerks desk and referred as follows: Government buildings-to the Committee on Public Buildings and By Mr. ADAMS: Resolutions of the Trades League of Phila­ Grounds. delphia, Pa., favoring the passage of E;ouse bill No. 8066, relating By Mr. CURTIS of Iowa: Petition of the Medical Society of

•.,.. 1898. CONGRESSIONAL RECORD-HOUSE. 3593

Scott County, Iowa, in favor of Senate bill No.-3433, in relation to Also~ petition of Overton Lodge, No. 185, --of Overton, Nebr., establishing a commission of public health and defining its duties­ asking for the passage of a bill to forbid the sal~ of intoxicating to the Committee on Interstate and Foreign Commerce. beverages in all Government buildings-to the Committee on By Mr. DANFORD: Petitions of the \Vom:m:s Christian Tem­ Public Buildings and Grounds. perance Union of Tiltonville, Ohio, praying for the enactment uf Also, petition of Kilpatrick Post, No. 82, of Oakdale, Depart­ legislation to protect State anti-dgarette laws, to forbid gambling ment of Nebraska, in favor of recognizing the independence of the messages by telegraph, and to raise the a2'e of pTotection for girls Cuban Republic-to the Committee on Foreign Affairs. to 18 years in the District of Columbia and the Territories--to the By M.r. GROUT: Petition of Hattie E. Hibbard, president of Committee on the Judiciary. the Woman's Christian Temperance Union of Newbury, Vt., for Also, petition of the Methodist Episcopal Church of Tiltonville, t1?-eya:ssage of bills to protect State anti-cigarette laws and to pro­ Ohio, favoring the bill which forbids the sale of alceholic liquors hibit mterstate gamblmg by telegraph, etc.-to the Committee on in Government buildings-to the Committee on Alcoholic Liquor Interstate and Foreign Commerce. Traffic. Also, petition of Hattie E. Hibbard, president of the Woman's By Mr. DAVIDSON of Wisconsin: Paper to accompany House Christian Temperance Union of Newbury, Vt., in favor of the bill for the relief of James W. MoiTis-to the Committee on In­ passage of a bill to prohibit the sale of liquors in Government -valid Pensions. buildings-to the Committee on Alcoholic Liquor Traffic. By Mr. DE VRIES: Paper to accompany House bill No. 6774, Also, petition of Hattie E. Hibbard, president of the Woman's relating to the record of \-Villiam Looper-to the Committee on Christian Temperance Union of Newbury, Vt., asking for the Military Affairs. passage of bills to raise the age of protection for girls to 18 years By Mr. DOCKERY: Petition of citizens of Richmond, Mo., in in the Disb·ict of Columbia and to further protect the first day of favor of the anti-scalping bill-to the Committee on Interstat-e the week as a day of rest-to the Committee on the District of and Foreign Commerce. Columbia. By Mr. DORR: Petition of Hiram Johnson, of Fayette County; By Mr. HAY: Petitions of citizens of the counties of Madison W. Va., praying that his war claim be referred to the Court of and Rappahannock, Va.; J asian Stickley and 21 others, of Stras­ Claims-to the Committee on War Claims. burg; W. C. Cline and 10 others, of Woodstock; R~ W. Williamson ,Also, petition of John A. Dempsey, of Fayette County, W.Va., and 10 others, of North Garden; R. A. Mitchell and 10 others, of requesting reference of his claim to the Court of Claims under act Waterlick: State of Virginia, favoring the passage of the anti­ of March 3, 1883-:to the Committee on War Claims. scalping bill-to the Committee on Interstate and Foreign Com­ Also, paper to accompany House bill for the relief of Minor merce. Kesling-to the Committee on Invalid Pensions. By Mr. HEMENWAY: Petitions of the Cumberland Presbyte­ Also, paper to accompany House bill fa~ the relief of James W. rian Church and Methodist Episcopal Church of Newburg, Ind., Trnxler-to the Committee on Invalid Pensions. praying for the enactment of legislation to protect State anti­ By Mr. DOVENER: Petitions of the Baptist Church and St. cigarett-e lawsJ to forbid the interstate transmission of lottery Francis Catholic Church, of Moundsville, W.Va., favoring the ~essages, and to raise the age of protection for gh·ls to 18 years in passage of bills providing that cigarettes imported in original the District of-Columbia and the Territories-to the Committee on packages on entering any State shall become subject to its laws, the Judiciary. to forbid interstate transmission of lottery messages, and to raise Also, petition of the Methodist Episcopal Church of Newburg, the age of protection fo1· girls to 18 years in the District of Colum­ Ind., favoring the passage of a bill pTohibiting the sale of intoxi· bia-to the Committee on the Judiciary. eating liquors in the Ca-pitol building and grounds-to the Com­ Also, petitions of the Methodist Episcopal Church and St. Fran­ mittee on Public Buildings and Grounds. cis Catholic Church, of Moundsville, W.Va., asking for the pas­ By Mr. HENDERSON: Petition of the Brotherhood of Railroad sage of a bill to forbid the sale of intoxicating beverages in all Trainmen of Waterloo, Iowa, praying for the enactment of legis-­ Goveinment buildings-to the Committee on Public Buildings and lation to substitute voluntary arbitration for railway strikes-to Grounds. the Committee on Labor. By Mr. FENTON: Petition of the Woman's ChriBtian Temper­ By .Mr. ffiCKS: Petition of the Central Pennsylvania ·Confer­ ance Union of Peebles, Ohio, favoring the passage of bills to raise ence of.the M~thodist Episcopal Ch:urch, favoring the passage of the age of protection for girls to 18 years in the District of Colum­ the anti-scalpmg bill-to the Committee on Interstate and Foreign bia and the Territories, to protect State anti-cigarette laws, and Commerce. forbid interstate transmission of lottery messages by telegraph­ By Mr. HILBORN: Petition of Lodge No. 143, Brotherhood of to the Committee on the Judiciary. Locomotive Firemen, of Oakland, Cal., in favor of the anti-scalp­ ing bHl-to the Committee on Interstate and Foreign Commerce. · Also, petition of the Woman's Christian Temperance Union of Also, petition of the Board of Trade of San Francisco Cal. Peebles, Ohio, for the passage of a bill prohibiting the sale of favoring the passage of Senate bill No. 3027 and House bill N a: intoxicating liquors in the Capitol building and grounds-to the 6705, for pure flour-to the Committee on \Vays and Means. Committee on Alcoholic Liquor Traffic. Also, resolution of the Chamber of Commerce of San Francisco By Mr. FITZGERALD; Petition of F. W. Plaisted and 18 citi­ Cal., relating to bonding privileges granted the Canadian Pacifi~ zens of Augusta, Me., in opposition to the so-called anti-scalping Railway to the detriment of American railways-to the Commit· bill or any similar measure-to the Committee on Interstate and tee on Interstate and Foreign Commerce. Foreign Commerce. Also, petition of the Woman's Christian Temperance Union of By Mr. FOSS: Petition of the Patent Law Association of Chi­ Lakeport, Lake County, Cal., asking for the passage of bills to cago, TIL, asking for the appointment of an additional circuit forbid the interstate transmission of lottery messages by tele­ judge for.the Seventh judicial district of illinois-to the Commit­ graph and to raise the age of protection for girls to 18 years in tee on the Judiciary. the District of Columbia-to the Committee on the Judiciary. Also, petition of the FU·st Methodist Episcopal Church of Har­ Also, petition of the Lake County Woman's Christian Temper­ vey, lll., praying for the enactment of legislation to protect State ance Union, of California, in favor of the passage of a bill to pro­ anti-cigarette laws, to raise the age of protection for girls to 18 hibit the sale of liquors in Government buildings-to the Com­ years in the District of Columbia and the Tenitories, and to forbid mittee on Pnblic Buildings and Grounds. lottery messages by telegraph-to the Commit-tee on the Judiciary. By Mr. HITT: Resolution of the Patent Law Association of Also, petition of the First Methodist Episcopal Church of Har­ Chicago, Ill., favoring the appointment of an additional circuit vey, Ill., favoring the bill which forbids the sale of alcoholic liquors judge for the Seventh judicial circuit-to the Committee on the in Government buildings-to the Committee on Alcoholic Liquor J udici.ary. Traffic. Also, resolution of Racine Division, No. 27, Brotherhood of By Mr. GAINES: Petition of the Central Woman·s Christian Locomotive Engineers, of Freeport, ill.; 17 citiz-ens of Forreston Temperance Union, of Nashville, Tenn., favoring the passage of a Ill., and82 citizens of Warren, ill., in favor _of the passage of th~ bill to protect State anti-cigarette laws by providing that ciga­ anti-scalping bill-to the Committee on Interstate and Foreign rettes imported in original packages on entering any State shall Commerce. ~ecome subject to its laws-to the Committee on the J~diciary. Also, petition of the Methodist Episcopal Church of Lighthouse, By Mr. GREENE: Petitions of the Young People's Society of ill., for the-passage of. a bill to protect State anti-cigarette laws Christian Endeavor and Epworth League, of Lexington, Nebr., by providing that cigarettes imported in original packages on and teachers of Dawson County, Nebr., favoring legislation pro­ entering any State shall become subject to its laws-to the Com­ _viding that cigarettes imported in original pa.ckages on entering mittee on Interstate and Foreign Commerce. any State shall become subject to its laws--to the Committee on Also, petition of the--Methodist Episcopal Church of Lighthouse, Interstate and Foreign Commerce. IlL, to raise the age of protection for girls to 18 years and to forbid . Also, -petition of Overton Lodge, No. 185, Ancient Order of interstate transmission of. lottery messages by telegraph, etc.-to United Workmen, of Overton, Nebr., for the passage of a bill to· the Committee on the Judiciary. forbid interstate transmission of lottery and other gambling mat­ Also, petition of the Methodist Episcopal Church of Lighthouse, t.lr by telegraph-to the Committee on th&Judiciary. Ill., in favor of a bill prohibiting the saie of into-xicating liquors 3594 CONGRESS! ON A:L REOORD-HOUSE. in all Government buildings-to the Committee on Public Build­ President for his efforts to preserve peace-to the Committee on ings and Grounds. Foreign Affairs. By Mr. HOOKER: Petition of the First Baptist Church of Also, petitions of citizens of Winchester, Mass., in favor of leg· Wellsville, N.Y., for the passage of a bill prohibiting the saJe of islation abolishing ticket brokerage-to the Committee on Inter­ intoxicating liquors in the Capitol building and grounds-to the state and Foreign Commerce. Committee on .Alcoholic Liquor Traffic. .Also, petitions of Charles F. Parker and 19 others, Weber Bros. Also, petition of the First Baptist Church of Wellsville, N.Y., and 19 others, J. E. Maclachlan and 16 others, Charles E. Coon and for the passage of bills to protect State anti-cigarette laws, to 19 others, and John Suttle and 19 others, citizens of Massachu­ raise the age of protection for girls to 18 years, and to forbid inter­ setts and other States, protesting against the passage of the so­ state transmission of lottery messages by teleg1·aph, etc.-to the called anti-scalping bill or any similar measure-to the Committee Committee on the Judiciary. on Interstate and Foreign Commerce. By Mr. HURLEY: Petition of the West End Woman's Repub­ Also, petition of the New England Shoe and Leather Associa­ lican Association, New York City, N.Y., in favor of the passage tion, of Boston, Mass., expressing satisfaction with Hon. THOMAS of a bill pending regulating the hours of labor-to the Committee B. REED and Hon. John D. Long-to the Committee on Foreign on Labor. Affairs. By Mr. JOHNSON of North Dakota: Petition of the Epworth By Mr. McCLEARY: Petition of the Board of Trade of Minne­ League of Bowesmont, N. Dak., favoring legislation providing apolis, Minn., praying for the passage of Senate bill No. 3354, to that cigarettes imported in original packages on entering any State amend an act entitled "An act to regulate commerce," approved shaJl become subject to i t.s laws-to the Committee on the Judiciary. February 4, 1887, and all acts amendatory thereof-to the Com­ Also, petition of the Epworth League of Bowesmont and Meth­ mittee on Interstate and Foreign Commerce. odist Episcopal Church of Churchs Ferry, N.Dak., asking for the By Mr. McEW Al~: Petitions of Knox Presbyterian Church, of passage of a bill to forbid the sale of intoxicating beverages in all Kearney; First Baptist Church and Methodist Episcopal Church, Government buildings-to the Committee on Alcoholic Liquor of Harrison, and Methodist Protestant Church of East Newark, Traffic. · Shte of New Je1:sey, favoring the bill which forbids the sale of Also, petition of the Woman's Christian Temperance Union·of alcoholic liquors in Government buildings-to the Committee on Kelso, Methodist Episcopal Church of Churchs Ferry, and Ep­ Public Buildings and Grounds. worth League of Bowesmont, N.Dak., for the passage of bills to Also, petitions of the First Baptist Church and Davis Memorial prohibit the interstate transmission of gambling matter by tele­ Methodist Episcopal Church, of Harrison; Knox Presbyterian graph and to raise the age of protection for girls-to the Commit­ Church, of Kearney, and Methodist Protestant Church of East tee on the Judiciary. Newark, N.J., for the passage of bills to forbid the transmission By Mr. KIRKPATRICK: Resolutions of Tatamy Lodge, No. of lottery messages by telegraph and to raise the age of protection 370, of Portland, Pa., Knights of Pythias, praying for the passage for girls to 18 years-to the Committee on the Judiciary. of House bill No. 6468, providing for the granting by the Govern­ By Mr. McDOWELL: Papers to accompany House bill to re­ mentof a lease right, with hot-water privileges, to a piece of ground move the charge of desertion against David Edwards-to the Com­ on the United States reservation at Hot Springs, Ark., for the pur­ mittee on Military Affairs. pose of establishing a national Pythian sanitarium-to the Com­ Also, petitions of the Church of God and the First Presbyterian mittee on the Public Lands. Church of Wooster, Ohio, prayingfortheenactmentof legislation Also, resolution of the National Lumber Dealers' Association, raising the age of protection for girls, to forbid the transmission of indorsing the principles of currency reform set forth in the report lottery messages by telegraph, and to protect State anti-cigarette of the Indianapolis monetary convention and maintaining the laws-to the Committee on the Judiciary. - gold standard-to the Committee on Banking and Currency. · Also, petitions of the First Presbyterian Church and Church of Also, petitions of the First Baptist Church and the Salvation God of Wooster, Ohio, asking for the passage of a bill to forbid .Army of Bangor, Pa., in favor of legislation to protect State anti­ the sale of intoxicating beverages in all Government buildings­ cigarette laws by providing that cigarettes imported in original to the Committee on Public Buildings and Grounds. packages on entering any State shall become subject to its laws­ By Mr. MADDOX: Petition of Brown & Owen, of Paulding to the Committee on the Judiciary. County,Ga.,praylngthattheirwar claim berefeiTed to the Court Also, petitions of the Welsh Congreg1·ational Church, Welsh of Claims-to the Committee on War Claims. Presbyterian Chul'ch, and Welsh Methodist Episcopal Church of By Mr. MAHON: Resolutions of Caledonia Lodge, No. 235, Salem and the congregation of the Evangelical Association, of Knights of Pythias, of Fayetteville, Pa., in support of House bill Bangor! Pa .. asking for the passage of a bill to forbid the sale No. 6468, granting land at Hot Springs, Ark., for the purpose of of intoxicating beverages in all Government buildings-to the erecting and maintaining a sanitarium thereon-to the Committee Committee on Public Buildings and Grounds. on the Public Lands. By :Mr. KLEBERG: Petition of citizens of Guadalupe County, Also, petition of the Ministerial .Association of Chambersburg, Tex., in favor of the passage of House bill No. 7130, known as the Pa., favoring the passage of a bill to prohibit the sale of intoxi· anti-scalping ticket bill-to the Committee on Interstate and For­ eating liquors in all Gove1nment buildings-to the Committee on eign Commerce. Public Buildings and Grounds. By Mr. LATIMER: Petition of citizens of Piedmont and Pick­ By Mr. MILLS: Petition of the Woman's Christian Temperance ens, S. C., favoring the anti-scalping bill-to the Committee on Union of North Harvey, Cook County, Ill., for the passage of a bill Interstate and Foreign Commerce. to prohibit the sale of intoxicating Hquors in Government build· By Mr. LOUDENSLAGER: Petition of the Trinity Episcopal ings-to the Committee on Public Buildings and Grounds. Church of Vineland, N. J., favoring legislation providing that Also, petitions of the Woman's Christian Temperance Union, cigarettes imported in original packages on entering any State Methodist Episcopal Church, and Epworth League of North shall become subject to its laws-to the Committee on the J u­ Harvey, ill., favoring bills to protect State anti-cigarette laws, and diciat·y. to raise the age of protection for girls to 18 years in the District Also, petition of the Trinity Episcopal Church, of Vineland, of Columbia and the Territories-to the Committee on the Judi· N. J., urging the passage of a bill to prohibit the sale of liquors ciary. in Government buildings-to the Committee on Public Buildings By Mr. MOODY: Petitions of the Young People's Christian and Grounds. unions of Rockport and Beverly and Young People's Society of By Mr. LYBRAND: Petition of Methodist and Disciple churches Christian Endeavor of the Baptist Church of Rockport, Me., ask­ of West Mansfield, Ohio, for the bill to raise the age of protection ing for the passage of a bill to forbid the sale of intoxicating bev· for girls to 18 years in the District of Columbia and the Terri­ erages in all Government buildings-to the Committee on Publio tories-to the Committee on the Judiciary. Buildings and Grounds. By Mr. McALEER: Resolution of the Trades League of Phila­ By Mr. NORTON of Ohio: Resolutions of Star Council, No.106, delphia, Pa., asking for the passage of House bill No. 8066, relat­ Junior Order United American Mechanics, of Galion, Ohio, ask· ing tv appropriations to aid in the holding of a national exposition ing for Cuban independence and demanding vengeance for the of American products and manufactures in Philadelphia-to the destruction of the Maine-to the Committee on Foreign Affairs, Committee on Interstate and Foreign Commerce. Also, memorial of the Trades and L=1bor Council of Tiffin, Ohio, By Mr. McCALL: Petition of the board of aldermen of Boston, for the passage of House bill No. 7380. fixing eight hours as a legal Mass., urging increase of work in the Charlestown Navy-Yard­ day's work-to the Committee on Labor. to the Committee on Naval Affairs. .Also, petition of John Tilton and 37 citizens of Upper Sandusky, Also, petition of the Merchants' Association of Boston, Mass., Ohio, in favor of the passage of the so-called anti-scalping ticket expressing a desire for a peaceful settlement of the Cuban ques­ bill-to the Committee on Interstate and Foreign Commerce. tion-to the Committee on Foreign Affairs. By Mr. PATh~: Petition of Fernando Tupper and other citi· Also, petition of members of the bar, of Boston, urging settle­ zens of Auburn and vicinity, State of New York, favoring the ment of the difficulties with Spain by diplomacy-to the Commit­ passage of the anti-scalping bill-to the Committee on Interstate tee on Foreign Affairs. and Foreign Commerce. Also, petition of the Municipal League of Boston thanking the Also, petitions of the Woman's Christian Temperance Union of 1898. CONGRESSIONAL RECORD-HOUSE. 3595

Venice Center; First Methodist Episcopal Church and Homer No. 3681, for the relief of James H. Morris~ and correction of his Avenue Methodist Episcopal Church, of Cortland; Baptist Church record-to the Committee on MHita.ry Affairs. and the Methodist Episcopal Church of Virgil, N.Y., for the pas­ Also, petition of citizens of Vinegrove, Ky., asking for the pas· sage of a bill to protect State anti-cigarette laws, to forbid the sage of House bill No. 6705, to prevent the adulteration of flour­ transmission of lottery messages by telegraph, and to raise the age to the Committee on Ways and Means. of protection for girls to 18 years-to the Committee on the Judi­ Also, petition of Monon Division, No. 89, Order of Railway Con· ciary. ductors, of Louisville, Ky., in favor of the anti-scalping bill-to Also, petitions of theWoman's Christian Temperance unions of the Committee on Interstate and Foreign Commerce. Fleming and Venice Center, N.Y.; First Baptist Church of Cort­ Also, paper to accom;>any House bill for relief and correction land; Methodist Episcopal Church and Baptist Church of Virgil, of the record of Joseph Metcalf-to the Committee on Military N.Y., in favor of the passage of a bill to prohibit the sale of Affairs. liquors in Government buildings-to the Committee on Public Also, papers to accompany House bill for the relief of B. 0. Buildings and Grounds. Purvis-to the Committee on Military Affairs. By Mr. PERKINS: Petition of 21 citizens of Lemars, Iowa, By Mr. SPRAGUE: Resolutions of the Municipal League of favoring the passage of the anti-scalping bill-to the Committee Boston. Mass., expressing approval of the efforts of President on Interstate and Foreign Commerce. McKinley to preserve peace and avoid international war-to the By Mr. PRINCE: Petitions of the First Presbyterian Church of Committee on Foreign Affairs. Gales burg, Ill., for the passage of bills to protect State anti-cigarette Also, resolutions of the Boston Merchants' Association, of Bos· laws, t.o forbid the interstate transmission of gambling matter by ton, Mass., deprecating war, expressing approval of the policy of telegraph, and to raise the age of protection for girls-to the Com­ President McKinley, and hoping for the settlement of the Cuban mittee on the Judiciary. question by peaceful means-to the Committee on Foreign Af. Also, petition of the First Presbyterian Church oi Galesburg, fairs. lll., praying for the enactment of legislation prohibiting the sale ALso, resolutions of the Boston Board of Fire Underwriters, of of intoxicating liquors in all Government buildings-to the Com­ Boston, Mass., upholding the policy of President McKinley in en· mittee on Public Buildings and Grounds. deavoring to conclude the settlement of the Cuban troubles with­ By Mr. RAY of New York: Petitions of the Woman's Christian out war-to the Committee on Foreign Affairs. Temperance Union of Lestershire, First Congregational Church of Also, resolution of the Real Estate Exchange of Boston, Mass., Binghamton, and Christian Endeavor Society of Oakdale, N.Y., in favor of reciprocity with Canada and Newfoundland-to the for the passage of bills to protect State anti-cigarette laws, to Committee on Foreign Affairs. raise the age of protection for girls to 18 years, and to forbid in­ Also, resolution of a meeting of citizens of Brookline, Mass., terstate transmission of lottery messages by telegraph, etc.-to supporting the policy of President McKinley in his efforts to set­ the Committee on the Judiciary. tle the Cuban question by diplomacy-to the Committee on Foreign Also, petition of the First Congregational Church of Bingham­ Affairs. ton, Christian Endeavor Society of Oakdale, and Woman's Chris­ Also, resolution of the board of aldermen of Boston, Mass., re­ tian Temperance Union of Lestershire, N.Y., praying for the garding the benefits to be derived from working the Charlestown enactment of legislation prohibiting the sale of intoxicating liq­ Navy· Yard to its full capacity-to the Committee on Naval Af. uors in all Government buildings-to the Committee on Alcoholic fairs. ·Liquor Traffic. · Also, petition of the Boston Druggists' Association, praying for By Mr. RICHARDSON: Petition of Lizzie Hamilton, adminis­ the passage of the anti-scalping bill-to the Committee on Inter· tratrix of C. H. Hamilton, deceased, late of the State of Tennes­ state and Foreign Commerce. · see, praying that her war claim be referred to the Court of Also, petition of the Grace Church Epworth League, of Taun· Claims-to the Committee on War Claims. ton, Mass., in favor of legislation to protect State anti-cigarette By :Mr. RIXEY (by request): Petition of the heirs of Thomas laws by providing that cigarettes imported in original packages on Ellicott, deceased, late of Prince William County, Va., praying entering any State shall become subject to its laws-to the Com­ that his war claim be referred to the Court of Claims-to the Com­ mittee on the Judiciary. mittee on War Claims. Also, petition of the Grace Church Epworth League, of Taun­ Also (by request), petition of tbe heirs of Fenton Triplett, de­ ton, Mass., asking for the passage of a bill to forbid the sale of in­ ceased, late of Fauquier County, Va., asking reference of his war to:dcating beverages in all Government buildings-to the Com­ claim to the Court of Claims-to the Committee on War Claims. mittee on Public Buildings and Grounds. By Mr. ROBBINS: Petition of the Christian Endeavor Society By Mr. STARK: Petitions of the \Voman's Christian Temper­ of the Reformed Church of Apollo, Pa., urging the passage of a ance Union, First Baptist Church, Church of Christ, and Methodist bill to prohibit the sale o~ liquors in Government buildings--to Episcopal Church, all of Dorchester, Nebr., for the passage of the Coiil.IIJ.ittee on Public Buildings and Grounds. bills to protect State anti-cigarette laws and to forbid interstate By Mr. SHAFROTH: Sundry petitions of citizens of Denver, gambling by telegraph-to the Committee on Interstate and For­ Colo., in favor of legislation abolishing ticket brokerage-to the eign Commerce. Committee on Interstate and Foreign Commerce. Also, petition of certain churches and citizens of Dorchester, By Mr. SHERMAN: Petitions of J. A. Fowler and 25 other citi­ Nebr., asking for the passage of the bill to raise the age of protec. zens of Clinton, Tenn.; W. H. Julian and 26 other citizens of tion for girls to 18 years in the District of Columbia-to the Com· Harriman, Tenn.; Jonathan Exell and 9 other citizens of New mittee on the District of Columbia. Tazewell, Tenn.; John S. Webb and 12 other citizens of Holly­ Also, petition of citizens and certain churches and societies of wood, Tenn.; Sidney Fletcher and 29 other citizens of New Glas­ Dorchester, Nebr., asking for the passage of a bill to forbid the gow, Mich.; Order of Railway Conductors, divisions at Lorraine. sale of intoxicating beverages in all Government buildings-to Ohio, Roodhouse, ill., Bigspring, Tex., Danville, Ill., Grand the Committee on Alcoholic Liquor Traffic. Rapids, :Mich., Charlottesville, Va., and Colorado City, Colo ..; By Mr. STRODE of Nebraska: Petition of the Epworth Lea2'tle Brotherhood of Locomotive Firemen, lodges at Peoria, Ill., Fort of the Methodist Episcop.al Church and the Anti-Saloon League~ of Worth, Tex., Jeffersonville, Ind., St. Louis, Mo., Freeport, Ill.; Tecumseh, Nebr., favoring the passage of a bill to protect State Brotherhood of Railway Trainmen, lodges at Huntington, Ind., anti-cigarette laws by providing that cigarettes imported in origi­ Terre Haute, Ind., Dennison, Ohio, Cleveland, Ohio, Cincinnati, nal packages on entering any Stat-e shall become subject to its Ohio, Miami, Ohio, favoring the passage of House bill No. 7130 laws-to the Committee on the Judiciary. · and Senate bill No. 1575,relating to ticket brokerage-to the Com­ Also, petition of the Epworth League of the Methodist Episc

Also, petitions of the Woman's Christian Temperance unions of A bill (II. R. 9417) to amend the charter of the District of Co­ North Tonawanda, Niagara County, and Avon, Livingston County, l~bia Suburban Railway Company; N.Y., for the passage of bills to protect State anti-cigarette laws, A bill (H. R. 9428) to authorize the Washington and Gettys­ to forbid the transmission of lottery messages by telegraph, and burg Railway Company, of Maryland1 to extend its line of road to raise the age of protection for girls to 18 years-to the Com­ into and within the District of Columbia; and mittee on the Judiciary. A joint resolution (H. Res. 189) authorizing the Commissioners Also, petition of the Young Woman's Christian Temperance of the District of Columbia to locate a cab service, and for other Union of North Tonawanda, N.Y., for the passage of a bill pro­ purpose~. hibiting the sale of intoxicating liquors in the Capitol building The bill (H. R. 4166) to 1·eimburse the Meliert Foundry and Ma· and grounds-to the Committee on Public Buildings and Grounds. chine Company for money retained by the United States for fail· By Mr. WARD: Petition of the West End Woman's Republican ure to complete a contract within a specified time was read twice Association, of New York, for an amendment to a joint resolution by its title, and referred to the Committee on Claims. pending in Congress toregulate the hours of labor for women and children in manufacturing establishments-to the Committee on PETITIONS AND MEliORIALS. Labor. The VICE-PRESIDENT presented a petition of the Board of By Mr. WEAVER: Petition of the Woman's Christian Tem­ Trade of Baltimore, Md., indorsing the action of President Me· perance Union of Darbyville, Ohio, praying for the enadment of Kinley and praying that he continue his efforts to secure a peace­ legislation to protect State anti-cigarette laws by providing that able settlement of the difficulties between the United States and cigarettes imported in original packages on entering any State Spain; which was referred to the Committee on Foreign Rela­ shall become subject to its laws-to the Committee on the Judi- tions. ciary. . He also presented resolutions adopted by the New York Retail By Mr. WHITE of North Carolina: Petitions of the Methodist Grocers' Union, of New York City, commending the action of Protestant Church of Lagrange, N.C., asking for the passage of Congress in supporting the President in his efforts to prevent hos~ bills to raise the age of protection for girls to 18 years in the Dis­ tilities, pending an· adjustment by peaceful methods of the diffi:­ trict of Columbia, to protect State anti-cigarette laws, and to cnlties betweenthe United States and Spain; which were referred forbid the transmission of lottery messages by telegraph-to the to the Committee on Foreign Relations. Committee on the Judiciary. Mr. ALLEN presented a petition of the Woman's Christian By Mr. WILSON: Petition of 124 citizens of Laurens, S.C., Temperance Union of Lexington, Nebr., and a petition of Over~ praying for the enactment of legislation which will more effec­ tonLodge,No.1&5,Ancient0rderof United Workmen, of Overton, tually restrict immigr&.tion and prevent the admission of illiterate, Nebr., praying for the enactment of legislation to protect State pauper, and criminal classes to tho United States-to the Com­ anti-cigarette laws by providing that ciga.rett.es imported in orig­ mitt-ee on Immigration and Naturalization. inal packages on entering any State shall become subject to its Also, resolution of Swansea Sunday school, Swansea, S. C., for laws; which were referred to the Committee on Interstate Com· the recognition of Cuba's independence and for intervention-to merce. the Committee on Foreign Affairs. Mr. JONES of Arkansas presented the memorial of John John· son and 19 other citizens of Arkansas, remonstl·ating against the passage of the so-called anti-scalping ticket bill, or any similar SENATE. measure; which was ordered to lie on the table. Mr. DAVIS presented a petition of 83 citizens of Waseca, Minn., WEDNESDAY, April 6, 1898. praying for the passage of the so-called anti-scalping ticket bill; Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. which was ordered to lie on the table. The Secretary proceeded to read the Journal of yesterday's pro­ He also presented a memorial of the boards of Home and Foreign ceedings, when, on motion of Mr. QUAY, and by unanimous con­ Missions of the Presbyterian Church in the United States, remon­ strating against the appropriation of public money in aid of sec· sent, the further reading wa~ dispensed with. tarian schools; which was referred to the Committee on Appro- MASOmC TEMPLE ASSOCIATION. priations. · The VICE-PRESIDENT laid before the Senate the amendments He also presented a petition of the Board of Trade of Minne· of the House of Representatives to the bill (S. 3472) to incorpo­ apolis, Minn., praying for the enactment of legislation to enlarge rate the Masonic Temple Association of the District of Columbia. the powers of the Interstate Commerce Commission; which was The amendments were, on page 3, line 10, after the word "cor­ referred to the Committee on Interstate Commerce. porate," to ins~rt the words ''within the Di~tr~ct of Co~umbia." He also presented petitions of officers and members of Company On page 3, lme 11, after the word "AssoCiation," to msert "of E, First Regiment, National Guard, State of Minnesota; of Com· the District of Columbia." pany G, First Regiment, N a tiona! Guard, State of Minnesota, and On page 5, aft.er line 17, to· insert as an additional section: of Company B, First Regiment, National Guard, State of Minne­ SEC. 7. That the capital stock of the corporation shall not be less than sota, praying that Housa bill No. 2876, to promote the efficiency $150,000 nor more than ~ . 000. divided into shares of $10 each. of the militia~ be amended so that the annual appropriation for Change section 7 to section 8. the National Guard sh:lll be not less than $1,000,000; which were Mr. BURROWS. I move that the Senate concur in the amend­ referred to the Committee on Military Affai.J.·s. . ments of the House of Representatives. He also presented a memorial of the Fire Department Relief The motion was agreed to. Association of Minneapolis, Minn., and a memorial of the Fire CHARLESTON HARBOR illPROVEMENT. Department Relief Association of St. Paul, Minn., remonstrating The VICE-PRESIDENT laid before the Senate the following against the enactment of legislation to establish a division in the Treasury Department to regulate insurance companies; which concurrent resolution of the House of Representatives; which were referred to the Committee on Interstate Commerce. was read: · Mr. BAKER presented a memorial of Local Union No. 18, Resolved by the House of Rep,.esentatives (the Senate concr.trring), That the Secretary of War be, and is hereby, requested to furnish the House of Rep­ Coopers' International Union, of Kansas City, Kans.,remonstrat~ resentatives, at the earliest time practicable, such information as he may ing against the passage of the so-called anti-scalping ticket bill; have regarding the possibility of providing deeper draft at the entrance into which was ordered to lie on the table. Charleston Harbor than is contemplated by the approved project for the im­ prov. ement by jetties of the entrance to that harbor; and that he be requested He also presented a petition of Manhattan Grange, No. 748, further to submit a plan and estimate of the cost of sec.uring a depth of not Patrons of Husbandry, of Kansas, praying for the enactment of less than !!8 feet at low water fr om the ocean to deep watar inside the harbor, legislation to secure to the people of the rural sections of tha and to report his opinion as to the advisability thereof. country the advantages of postal savings banks; which was ra. Mr. TILLMAN. I ask the Senate to agree to the resolution. ferred to the Committee on Post-Offices and Post-Roads. The concurrent resolution was considered by unanimous con­ He also presented a petitiorl of the Northwest Kansas Annual sent, and agreed to. Conference of the Methodist Episcopal Church of Minneapolis, HOUSE BILLS REFERRED. Kans., praying for the enactment of a Sunday-rest law for the The folloWing bills and joint resolution were severally read District of Columbia: which was referred to the Committee on twice by their titles, and referred to the Committee on the Dis­ the District of Columbia. trict of Columbia: He also presented petitions of the Woman's Christian Temper~ A bill (H. R. 631) to confirm title to lots 13 and 14, in square ance unions of Sharon and !dana; of the congregations of the 959, in Washington, D. C.; Church of God, of Sharon, the United Brethren of Lecompton, the A bill (H. R. 5883) to authorize the reassessment of water-main First Presbyterian Church of Peabody, the Presbyterian Church taxes in the District of Columbia, and for other purposes; of Rossville, and of the Presbyterian Church of Osage; of the A bill (H. R. 9204:) to regulate the cons~uction of barbed-wire Northwest Ka.:nsas Annual Conference of the Methodist Episcopal fences in the District of Columbia, and for other purposes: Church of Minneapolis; of the Central Missouri Conference of the A bill (H. R. 9206) to incorpora,te the Washington and Univer­ Methodist Episcopal Chm·ch of North Topeka; of the Gospel Tem· sity Raih·oad Company of the District of Columbia; perance Meeting; of members of the United Pz:esbyterian Sunday