1496 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

The SECRET.A.RY. A bill (S. 1575) to amend an act entitled "An Roland Franklin, to be postmaster at Clio, in the county of act to regulate commerce." G enesee and :::ltate of Mkhigan. Mr. CULLOM. I move that the Senate adjourn. Edgar B. Babcock, to be postmaster at Kalkaska, in the county The motion was agreed to; and (at 5 o'clock and 34 minutes of Kalkaska and State of Michigan. p. m.) the Senate adjourned until to-morrow, Tuesday, F.ebruary Jam es P. Hutcheson to be postmaster at Owenton, in the county 7, 1899, at 12 o'clock meridian. - of Owen and State of Kentucky. Laura V. Herd, to be postmaster at Middlesboro, in the county of Bell and State of Kentucky. NO MINA TIO NS. Fred J. Mauren, to be postmaster at Portland, in the county of ExeciLtive nominations received b1.J the Senate February 6, 1899. Ionia and State of l\lichigan. PROMOTIONS IN THE REVENUE-CUTTER SERVICE. Charles S. Collier, to be postmaster at Frankfort, in the county of Benzie and Sta.te of Michigan. Third Lieut. Randolph Ridgely, jr., of Georgia., to be a second Lizzie Vaupel, to be postmaster at Morganfield, in the county lieutenant in the Revenue-Cutter Service of the , to of Union and·State of Kentucky. succeed John L. Davis, removed. John S. Miller, to be postmaster at Greenville, in the county of . Cyrus B. Fengar, of Connecticut, to bea third lieutenant in the Muhlenburg and State of Kentucky. Revenue-Cutter Service of the United States, to succeed Randolph Ridgely, jr., promoted. L'fDI.A.N A.GE~. HOUSE OF REPRESENTATIVES. Alonzo A. Armstrong, of Phrenix; Ariz., t.o be agent for the In­ dians of Fort Apache Agency, in Arizon~, vice Charles D. Keyes, MONDAY, February 6, 1899. deceased. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. TO BE ASSISTANT SURGEON WITH THE RANK OF FIRST LIEU­ HENRY N. COUDEN. TENANT, The .T ournal of Saturday's proceedings was read and approved. William Jephtha Calvert, of Kentucky, Janua.i·y 30, 1899, vice Birmingham, promoted. RECALL OF A. BILL. PROMOTIONS IN THE :MARINE CORPS. A message from the Senate, by Mr. PLATT, one of its clerks, announced that the Senate had passed the following resolution, in Capt. Francis H. Harrington, to be a in the Marine Corps, which the concmTence of the House was requested: from the 10th day of August, 1898, vice Maj. Robert L. Meade, promoted. Resolved by the Senate (the House of Representatives concurring), That tho President be requested to return to the Senate the bill of the Senate No. 569, First Lieut. Charles H. Lauchheimer, to be a captain in the granting an increase of pension to Clarinda S. Hillman. Marine Corps, from the 10th day of August,.1898, vice Capt. Fran­ cis H. Harrington, promoted. The SPEAKER. The Chair will submit for the concurrence of Second Lieut. John H. Russell, to be a in the the House the resolution just received from the Senate. Marine Corps, from the 10th day of August, 1898, vice Lieut. The resolution was taken up, read, and agreed to. Charles H. Lauchheimer, promoted. ADMISSION OF COSTA RICAN STUDENT TO NA VAL ACADEMY, First Lieut. Henry C. Haines, to be a captain in the Marine Corps, from the 11th day of August, 1898, vice Capt. James M. T. Mr. HILBORN. I ask unanimous consent for the immediate Young, promoted and retired. · consideration of the joint resolution which I send to the desk. Second Lieut. Thomas S. Borden, to be a first lieutenant in the The Clerk read as follows: Marine Corps, from the 11th day of August, 1898 (subject to the Joint resolution (S. R. 218) authorizing the Secretary of the Navy to r eceive examinations required by law), vice First Lieut. Henry C. Haines, for instruction at the Naval Academy, at Annapolis, Ricardo Yglesias, of promoted. of Costa Rica. Resolved b1J the Senate and House of Representatives, etc., That the Secre­ First Lieut. George Barnett, to be a captain in the Marine tary of the Navy be, and he hereby is, authorized to permit Ricardo Yglesias, Corps, from the 11th day of August, 1898, vice Capt. Erastus R. of Co!

frequently granted heretofore, and it would attract attention if Mr. FERGUSSON. Sixty-five thousand dollars is the .total we should now r efuse the request which has been made on behalf amount authorized by the pending bill. of this South American Government by its representative. Mr. PAYNE. But this is an authorization beyond the limit of 1\fr. DAILEY. I simply desired to know whether the committee the present law, as I understand the bill. Now, what is the law, had taken into consideration the view of the case which I have and what is the outstanding indebtedness? · -- suggested. It may be that there are no secrets that these students Mr. PERKINS. Four per cent on the assessed valuation of the at the Military and Naval Academies learn; I am not informed as property in the city. And this originated in this manner-if the -to that. Dut if there are special facts that come to the knowledge gentleman from New York will permit me: of students there, it is not wise to communicate them to people of The shrinkage in the .value of the assessments caught the city foreign nations. I realize that it might now seem like an act of with many of its warrants outstanding, and for which provision is discourtesy-- here made as to their payment. That is to say. warrants for the - Mr.- HILBORN. That is it. expenses of the water service, the fir-e department, and other _ Mr. BAILEY (continuing). To refuse this request when simi­ branches of the city government. Under the provisions of an act lar requests have been granted. But does not the gentleman of the legislative assembly, which is now the law of the Territory, realize that when we have permitted young men from two or three all the floating indebtedness was reqmred to be refunded in inter- foreign nationB to enjoy this privilege it becomes an act of dis­ .est-bearing bonds of the city, and prohibiting any expenditure or courtesy to deny it to anybody? So that as the result of this policy the issuance of any bonds bE>yond the actual current income of the we must ultimately have at our Naval and Military Academies city; so that the city was caught on the 1st day of January, 1898, young men from almost every nation on earth educated there in with this floating indebtedness of about $65,000, which could not a knowledge of our secrets. be paid except from the current revenues of the city; and, as I Mr. HILBORN. I do not think that the students-­ have said, the shrinkage in values prevented its pa.yment in this Mr. GAlNES. Will the · ~entleman allow me a question? manner. · Mr. HILBORN. Certainly. It is a jµst debt and ought to be paid. The Committee on Ter­ Mr. GAINES. If we admit this young man as an act of cour­ ritories exhaustively went into the matter, examined carefully tesy, must we not, as the gentleman from Texas has well said, every question connected with it, held. it under advisement for a admit young men from every other nation that may make a simi­ long time, and finally recommended the adoption of the bill which - lar r equest? Does the gentleman from California believe that I have just asked to have passed. that would be desirable or wise? .l\Ir. PAYNE. How much is 4 per cent on the present liability Mr. HILBORN. Oh. well. we have always done this whenever of the city? a request of this kind has been made; and I do not think we are Mr. FERGUSSON. I have not the amount at hand. likely to carry the thing to any dangerous extent. Mr. PAYNE. To what extent is the city bonded? Mr. GAINES. If we have always done wrong that is no reason Mr. FERGUSSON. Only up to 4 per cent of the value of the why we should continue to do so. I object to any such bill. assessment. l\ir. HILBORN. I hope the gentleman will not insist on the Mr. PAYNE. But how much does that involve? objection. Mr. FERGUSSON. I do not remember exactly. The report, Mr. GAINES. Well, I withdraw my objection in this case; however, sets out the whole amount. but I give notice now that hereafter I shall not consent to teach­ Mr. PAYNE. Do you know what the percentage is on the as­ ing foreigners in our military schools in order, ~n effect, that they sessed valuation of the property? may know better how to fight us in the future. Mr. FERGU8SON. I do not. But there is no provision except Mr. HILBORN. I do not think the representatives of Colombia by an act of Congress for meeting this liability now. will be dangerous. Mr. BAILEY. The debt was already incurred, I 'vill say to the Mr. GAINES. We have permitted one man to obtain a patent gentleman from New York. This limitation was placed on the for armor plate. and he has gone off and sold it to foreigners, and issue of warrants on the 1st day of January, 1898, the legislatrire they have used it on their war ships, and they have thereby be- , having prohibited the payment in any other way after the debt come better fighters. Such a thmg is a disgraceful act and an was incurred. outrage; and I think no loyal American would do it. [Applause.] The SPEAKER. Is there objection to the present considera,.. There being no objection, the House proceeded to consider the tion of the bill? joint resolution: which was read three times, and passed. There was no objection. l\ir. HILBORN. I move to reconsider the votes by which these The amendment recommended by the committee was agreed to. __two joint resolutions have been passed, and also move that the The bill as amended was ordered to be engrossed and read a motion to reconsider be laid on the table. third time; and it was accordingly read the third time, and passed. The latter motion was agreed to. On motion of Mr. BAILEY, a motion to reconsider the last vote INDEBTEDNESS ALBUQUERQUE, N. MEX. was laid on the table. Mr. FERGUSSON. Mr. Speaker, I ask unanimous consent for AMENDMENT TO THE CONSTITUTION. the present consiucn bonds shall not be dispo30d of for less than their address the House on the resoluti. on. par value, and shall not bear a greator rate of interost than G per cent per Mr. GROW. For about a minute only. annum." The SPEAKER. The Chair hears no objection to the request Mr. COX. Before con!"ent is given-- of the gentleman from . The SPEAKER. Is there objection to the present consider­ .Mr. GRO\V. l\1r. Speaker, it is a singular provision in our ation? Constitution that a majority can make war, but can not make Mr. COX. I was desirous, Mr. Speaker, of making inquiry of peace. This simply provides that a majority may do that. I the gentleman betore consent is given. . move the reference of this resolution to the Committee on the Mr. PA YNE. Reserving the i·ight to object, I desire to ask the Judiciary. gentleman a question. The SPEAKER. The gentleman asks unanimous consent that Mr. COX. It was my purpose to reserve the right. the resolution be referred to the Committee on the Judiciary. Mr. PAYNE. What is the limit to which the city can issue Without objection, that reference will be m ade. bonds at this time? There was no objection. ' 1498 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 6,

JAMES A..~D EMMA S. CA.1\IERON. of the Forty-third Congress. It was also actod upon in like manner by this committee in the Fifty-tirst Congress, but amended in the Senate to take sub­ Mr. GROSVENOR. I movo to suspend the rules and pass the stantially the form of the bill as now presented, and so passed the Senate. 1478) In each of said reports the allowance recommended was $10,000, and a like al· bill (S. for the relief of James and Emma S. Cameron for lowance was recommended by the Committee on War Claims of the House in occupation of property and for fuel taken and used by the United the first session of the Fifty-first Congress. States Army during the war. James Cameron and Emma S. Cameron were before and during the late The bill was read, as follows: war of tho rebellion the owners of a homestead in the suburbs of the city of . Chattanooga; Tenn., known as Cameron Hill, containing about 87 acresi tha Be it enacted, etc., That the Secretary of the Treasury be, and he is h er o by, S?-me having bee~ paid for out of the ~atrimony of Mrs. Cameron. The oca­ authorized and directed to pay the sum of Sl0,000, out of any moneys in the tion was a beautitul ane s ti~ato the claim mad e for fuel alleged to have been tak on and u sed by the Umted States Army during the at 820,000 by a board ordered by General Rosecran~ . war from th(' i:ropcrty in Chat tanooga known as Cameron Hill, and to pro­ This bill has been reported by every Congress smce the Forty. vide for the paymentthoreof, having had the same under consideration, make second, and is now cut down to the sum of $10,000. · I can answer the following report: · The same claim, but in the form of a bill to pay Emma S.Cameronforprop­ any questions gentlemen may desire to ask. erty ta.ken and used by the Army of the United States during the late war, Mr. HENDERSON. B ow much does the bill carry? was favorably ronorted by the Committee on Claims of the Senate of the .Mr. GROSVENOR. Ten thousand dollars. Forty-second Con-gro::-s, anq passed the Senate, but was not acted on in the ta.l~e n? Houso. • .Mr. HENDERSON. How much land was there It was also reported upon favorably by the same committee of tho Senate Mr. GROSVENOR . The whole of the land; 1899. CONGRESSIONAL RECORD- HOUSE. 1499

· Mr. HENDERSON. What was this property taken for? Mr. GROSVENOR. It was worth more than a thousand dol- Mr. GROSVENOR. It was taken for the purposes of firewood lars an acre. and tim b·er~ - ·· Mr. CANNON. It is still there. Mr. HENDERSON. Is this for timber only? Mr. GROSVENOR. It is still there, and desolate. llfr. GROSVENOR. No; this is the statement made. I will Mr. CANNON. What is it now worth? r ead it again. Mr. GROSVENOR. It is the hill, which many gentlemen will Mr. HENDERSON. I did not hear the report. remember, on which we planted the flag, when the Confederate · Mr. GROSVENOR (reading)- flag was pulled down and the Union flag was carried up, in the The location witS a ben.utiful and a commanding one. About 34 acres of presence of Frank Cheatham, General Gordon, and others in the thiR 18.Iid were thickly co.-ered with a forest of large oak trees. Two and a great reunion of Federals and Confederates at Chattanooga. half n.cres were highly cultivated to orchard and grape. The dwelling house, studio. small house. barn. outbuildings, fences, and improvements wer e in a Mr. CANNON. I am quite willing for this 510,000 to be paid good state of r~pair. This property was occupied as a r esiden ce byMr. Cam­ to this old lady; I am quite willing that it shall be a gift; but let eron and h1s wire at the time of the breaking out of the war. In September, it be understood' that you pay for the place, but not for the felling 1863, the Union Army; under command of General Rosecrans, entered the If city of Chattanooga and took possession of this property and :made such use of the timber. you are going to pay for felling timber you are of the premises as tho commander thought for the best interests of the t>-rmy. going to get into claims for damages to real estate; and I do think The trees, including orchard, were cut down and mostly usecl by the troops myself, taking that view of i t, that they should put this claim for fuel; the same usAwasmadeof the fences and outhouses and all thest ruc­ upon t his ground. tures except the residence. The proofs show that this was absolutely necessary, as the weather was Now, I am quite content, on the gentlema:n's showing, to so extremely cold and there was no other available supply of fuel. The proofs amend this bill, if he thinks it ought to be done, as to absolutely make it further apparent that, for tho purpose of maintainini; its position at pay this lady $10,000-well, by gift, on account of the loyalty of Chattanooga, the Army was compelled to further permanently mjur e and di.stlgure s;:Licl promises by the erection of earthworks upon them, and that b er people, and on account of the circumstances; but when you the residence-=a commodious one, built of concrete-a:id the premises were undertake to pay for the value of timber and supplies. $10,000 for occupied and usfld by our troops until the close of the war. 34 acres of oak timber~ it establishes a precedent that in my judg­ The loyalty of l\fr. Uamer on and his wife was so marked, and their cheer­ ful sacrlllces for the aid and comfort of the·Union soldiers so frequent and ment ought not to be established. constant, as to attract the attention and secure tho good will of the com· Mr. GROSVENOR. My friend does not read the report nor m antling and many subordinate officers of , ur Army. listen to me. We took the entire property and despoiled it for our Mr. DALZELL. I would like to renew the question asked by use. It was in fine condition, and we swept all that timber away the gentleman from Texas [Mr. BAILEY]. Is this now in the and built forts. The gentlemen on that side are familiar with the omnibus bill? great fortifications on Cameron Hill. Mr. GROSVENOR. I can now inform the gentleman that it Mr. CANNON. I would like to ask my friend from Ohio if, is not. among all the great battlefields where forts were constructed, Mr. DALZELL. I would like to ask the gentleman why not? Congresfl at any time has entered upon a policy of paying dam­ Mr. GROSVENOR. The report shows that the claim has ages done to the realty? always stood upon the report of the commission appointed by the Mr. DOCKERY. I would like to suggest that this is a prece­ gene:i;al commanding. , dent, unless my memory is at fault. Mr. CANNON. I notice that this bill is for the benefit of Mrs. Mr. GROSVENOR. There is not a single element of it in this, . Cameron. I notice also that the report shows that tho property and the gentleman from Missouri is mistaken. The trees of the was Mr. Cameron's. orchard were cut down and hauled away by the troops for fuel, -Mr. GROSVENOR. He is dead. and the same was true of the fences and the outhouses and all J\fr. CANNON. I will ask the gentleman whether by proceed-· the structures. except the mansion itself. The proof shows that ings before the Quartermaster-General's Department this claim this was absolutely necessary. was not adjudicated and paid? Mr. Cameron and his wife filed claims before the commission for Mr. GROSVENOR. It was never before the Quartermaster­ the destruction of the buildings, the taking of the fences, timber, General's Department. orchards, etc., and that investigation, made by order of General Mr. CANNON. Why? Rosecrans, was made on full knowlege of the kind of people they Mr. GROSVENOR. Because it stood, as I say, always upon were, a~d there was an allowance of $30,000 made. It bas stood what seem ELQ _tp be a better condition-the report of the boarc.l of from that time down to this day, until the family is impoverished commissioners a-ppointed by General Rosecrans. and all but this lady is dead. Mr. Speaker, I have said all I cn.n say. Mr. CANNON. Well, that reports for two hundred thousand. l\fr. LLOYD. Mr. Speaker, I desire to ask the gentleman from Mr. GROSVENOR. That is a mistako. It should be twenty Ohio if he has an estimate of the various items allowed, showing thousand. I have corrected it. their value? Mr. CANNON. Does the gentleman speak of his own personal Mr. GROSVENOR. I have not. but Istandon the record made knowledge of this prQPerty? by the report of that commission. · Mr. GROSVENOR. I speak absolutely from my own knowl­ Mr. LLOYD. Was there any appraisement by any board of edge, and there are a score or more gentlemen on this floor who appraisers? will sustain me in what I have said. Mr. GROSVENOR. There was. Mr. CANNON. Does the gentleman speakofhisownknowledge Mr. LLOYD. Has the gentleman that appraisal? when he says that the timber has not been paid for? · Mr. GROSVENOR. It was made by a military commission ap­ Mr. GROSVENOR. I do. _ pointed by General Rosecrans, but what became of their records Mr. CANNON (continuing). By proceedings before the Quar­ nobody knows. 1'he ordinary course of things was to have a termaster-General or otherwise? board to estimate the value, and they estimated the•value of the Mr. GROSVENOR. I do: and state further that if the House property at $20,000. · · will pass this bill, before it shall be signed by the President I will Mr. LLOYD. Was there any evidence before the War Depart­ see to it that an official statement in that regard shall reach him. ment as to the value of the timber taken? Mr. CANNON. Well, but the gentleman ought to be able to .Mr. GROSVENOR. Most assuredly there must have been. say. These cfficers constituting this board were there on the ground, Mr. GROSVENOR. I do say, without qualification, that not and had knowledge of the facts themselves. one dollar was ever paid for that property. Mr. LLOYD. Have not claims of this kind ordinarily gone be­ Mr. CANNON. If the gentleman has examined-- fore th~ Court of Cl:~ims for ad3udication? Mr. GROSVENOR. I h ave examined, and I have the statement M:r:. GROSVENOR. Tpere was never any claim made except of a very skillful attorney who has also examined; and I have done before this commission. General Grant came into full knowledge this whole thing because of my sympathy for the people living in of all the facts after the report of the Rosecrans board, and recom­ Tennessee [laughter on the Democratic side] and because I know m ended the payment of the sum asked for, and this bill has stooff myself the facts alleged in this report. upon that foundation ever since. Mr. CANNON . I am only asking the gentleman. a question, Mr. CANNON. All that General Grant recommended was that because I should very much doubt whether $10,000 worth of oak the Government purchase the Cameron property. timber could be cut off 34 acres of land. .M r . GROSVENOR. That was during the war. Mr. GROSVENOR. But the gentleman has not quite covered Mr. CANNON. During 186 4-. the ground. Some of you gentlemen know all about this wh le Mr. GROSVENOR. Thatwasduringthewar,andatthattime matter. Now. we used the whole of the property. There were they were building the fortifications on the hill. 34 acres of fine oak. besides the orchard and grapes, and a large The SPEAKER. The time of the gentleman from Ohio has ex­ house and other buildings. There are a score of gentlemen on the pired. The 'gentleman from Texas [Mr. BAILEY] has control of floor who know all about this property. Every vestige of civiliza­ the time in opposition. tion was swept off the top of that hill except the mansion house, Mr. BAILEY. Mr. Speaker, I yield to the gentleman from Mis­ which our officers occupied. souri fMr. DO CKERY] such time as he desire~ . Mr. CANNON. General Grant has stated that he would recom­ Mr. DOCKERY. Mr. Speaker, the confusion is so great that I mend that the property be purchased at a fair valuation for Gov­ was unable to hear the statement of the gentleman from Ohio ernment use. Was this property there worth $300 an acre? [Mr. GROSVENOR] as to the machinery that was employed to 1500 CONGRESSIONAL RECORD-HOUSE ·~ · FEBRUARY 6, ascertain the value of the property, and I will be glad if the gentle­ The gentleman says this old lady is needy. I am not at all con­ man will state just how it was estimated that it amounted to versant with the circumstances. I never heard of the case before. $10,000. But I do say it is passing strange, if the Government owed these Mr. GROSVENOR. By Special Field Order No. 6, Major­ parties for fuel or supplies, that they were not paid many years General Rosecrans appointed a commission to adjust this claim ago, because the tribunals have been open all the time. I under­ and others against t he United States. Evidence was taken at the take to say that the Government does not owe $10,000 for fuel time in all the claims as to the value of the property actually taken, taken from 34 acres of land. and there never was a thought of paying damages..for the use of the "Ah, but," says t_he gentleman, "we are going to pay for dam­ property. agesdone; the army threw up fortifications." Well, sir. we never Mr. LACEY. What became of the other claims? have acknowledged any liability on the part of the Government· Mr. GROSVENOR. Scores of them have been paid. I will tell in such cases; and the moment we embark upon the business of the gentleman. This claim was investigated by the same men that voting compensation in cases of that kind, we establish a new investigated the claims of the churches in Chattanooga, and pay­ principle. For these reasons l shall vote agai.nst this bill. ment was made for every one of them except that in the case of Mr. BAILEY. I yield five or six minutes to my colleague [Mr. the Catholic Church. The Quartermaster's Department refused SLAYDEN]. to pay that claim because it was for property taken and not for Mr. SLAYDEN. Mr. Speaker, I do not know enough about the damages done to the property by reason of occupation, and this particular claim to declare my position upon it. I am will-· doubtless gentlemen will remember that four or fi ve years a~o I ing to accept the statement of honorable gentlemen who-have in­ called up and had passed a bill to pay the Catholic Church $28,000 vestigated it. But I have been somewhat interested in claims of that had been reported as due them by that same board of ap­ this character, because since I came here I have seen the efforts praisers. of members to press their claims upon the atte.ntion of the House, Mr. DOCKERY. That was for use and occupation? and I have hari brought to my knowledge the fact that there were 1\1.r. GROSVENOR. No, thatwas for the stone. It was a stone pending a great many claims against the Government, more or· church and unfinished then, and they took the stone and hauled it less just. It has seemed to me that the wisdom of this body ought away and put it into the forts on top of Cameron Hill. to suggest some means of relieving this House of the enormous· :Mr. DOCKERY. Where does this lady now reside-in Chatta­ consumption of tirue in discussing these claims, which might be nooga? adjudicated by some court, existing or to be created, with proper Mr. GROSVENOR. Yes; she is an old lady, and lives in Chat­ authority. tanooga. I have had in my charge a claim which I have been endeavor­ l\fr. SULZER. How much does thi.s bill carry? ing to bring before the House-a claim arising subsequent to the Mr. GROSVENOR. Ten thousanddollars-one-halfofthesum war. Certain Federal officials-officers of the Army-came to found to be due by the commission appointed by General Rose­ Port Lavaca, in the State of Texas, in the year 186i'5, and under a crans. contract made by the quartermaster with the owner of the prop­ Mr. DOCKERY. Of course, if this bill be passed it opens the erty took possession of the wharves of Port Lavaca, and under door wide to all claims for the taking of property in the South­ that contract occupied them about eight months. When they ern and other States of the Union. I make no point about the were returned to the owner they asked· hi.m for his bill, which claim coming from the State of Tennessee; but, speaking from was given, itemized in every particular. That claim was referred recollection, I have made the statement-and I believe it to be by the quartermaster in immediate charge to•his superior, who correct, or substantially so, at least-that the Government in .in turn sent it to the quartermaster-general then located at New extending relief of this kind has heretofore limited its contribu­ Orleans, who replied that he had no authority to pay claims tiops to public institutions and, in the main, for use and occupa­ arising in a State lately in rebellion, although every step , in con· tion of public institutions by the armies of the United St.ates. nection with this indebtedness was taken after actual hostilities I did not know that there was any precedent established by Con­ had ceased for some months, if the war itself was not technically gress, at least in recent years, that warranted a bill of this sort­ concluded. paying dama;ges for timber or for the construction of earthworks on a farm. The gentleman from Ohio (Mr. GROSVENOR J refers to It was then sent to the Quartermaster's Department here in a bill that had passed from my memory-a bill compensating cer­ Washington, and after an investigation it was decided there that tain parties for the use of' stone, I believe. That, however, as a it could not be paid, unless specific authority from Congress was gentleman on my right advises me, was the case of a church. granted for that purpose, because the State had been lately in Mr. GROSVENOR. The gentleman will allow me to say, in r ebellion .. answer to a question which has been raised, that this claim was From that day to this, ~1r. Speaker, this poor old man, who examined by the same board that investigated other cases of the does not ask one cent of interest, has been seeking relief; has same kind. · been presenting his claim here for consideration, and it has beon Mr. DOCKERY. If wo enter upon the payment of damages in­ frequently reported upon favorably, but there bas been no .con· cident to the movements of our armies during the late civil war, current action by the two Houses, and as a consequence the bill the question arises whether the Treasury of tile United States will has never been passod for his relief. He is now 75 years of age, be able to meet this additional line of obligations. a paralytic, and poor and helpless. The Government has owed Mr. COOPER of Texas. I do not wish to embarrass the gentle­ him since February, 18613, the to it paltry sum of about $5,300, man, but he will allow me to ask whether he does not remember but to this poor old man quite a fortune; and it can not be paid that last year, or during the present Congress, the Appropriations to him because we can not get the measure t hrough the House. Committee put upon one of their bills an appropriation to pay For that reason, sir, I venture to express the opinion that tha 8._1,200 upon a claim like this-the claim of a man named Kennedy, House should make provision for the creation of a court or tri­ who went to the Appropriations Committee with his claim after bunal to properly consider and a.cljudicate claims of this character the Committee on War Claims had rejected it? and in that mannera.llowthe Government of the United States to Mr. DOCKERY. I have no recollection of such a claim; and I pay its just debts-debts which, like this, have been created under certainly had nothing to do with the incorporation of any such a contract, just as the people of the country are requiretl and ex­ item in one of the appropriation bills. If it was so incorporated, pected to pay their justs debts. it is in my opinion n. bad precedent. Whatever may have been .Mr. GROSVENOR. Will the gentleman allow mo a word just the me:rit of the claim, it was not entitled to recognition by giving there? it a place on an appropriation bill. If it was entitled to be paid, Mr. SLAYDEN. Certainly. payment should have been provided for by a separate bJll. .Mr. GROSVENOR. If the gentleman from Texas will devise I have nothing to add except to say that, in my judgment, this a wise and intelligent proposition to meet the suggestions he has legislation opens the door very wido for raids upon the Treasury. made, and will draft a resolution of that character and bring it I know nothing about this particular bill, except what has been before tho attention of the House, he will havo done a greater stated by the gentleman from Ohio. I shall vote against the bill. kindness to the people of the United States than by any other act .Th1r. CANNON. Will the gentleman from Missouri yield to me of legistation he can perform on this floor . a minute or two? Mr. SLAYDEN. The gentleman from Ohio believes that these Mr. DOCKERY. Certainly. I yield to the gentleman. just debts of the Government should be paid? Mr. CANNON. Mr. Speaker. it may be that there are special Mr. GROSVENOR. I do, unquestionably; and I have only sug­ circumstances concerning Mr. and Mrs. Cameron that would en­ gested that the gentleman might take a step in that direction in title them to the consideration of the Government to the extent the manner stated. of $10,000. If so, I am willing to vote it. Mr. SLAYDEN. The greater experience, wisdom, and better Mr. GROSVENOR. Will the gentleman permit a question? judgment of my friend from Ohio would suggest the propriety of Mr. CANNON. No; not now. l say, it may be there are some his preparing such an act of legislation. circumstances surrounding the Camerons that entitle them to Jl.ir. GROSVENOR. I have been workingatitformany years. special consideration-that entitle them to receive $10,000 as a gift Mr.SLAYDEN (continuing). For certainly the just debts of from the Government. There are such cases. If this ia such a the Government should be paid-those debts made under a con­ one, I am quite ready to vote for it. tract, at all events-just as individuals are required to pay theirs. 1899. CONGRESSIONAL RECORD-HOUSE. 1501

Mr. BAILEY. I yield three minutes to the gentleman from fMr. GROSVENOR] states that the proof shows that tbe personal California [Mr. LOUD]. property taken, that is, the fuel, was equal to $10,000, this claim l\ir. LOUD. Mr. Speaker, there are two grounds, and two only, certainly ought to be paid. for the payment of this claim. One is that it is a leg-al claim Mr. GROSVENOR. Not the fnel probably, but the gentleman against the Government of the United States, and the other that will see that the report of the commissioners found 820,000. it iB a gratuity on the part of the House of Representatives. The M.r. RICHARDSON. I had not the report before me, and there· latter, of course, no Representative under his oath has the right fore did not know. , to support. · ' Mr. GROSVENOR. Twenty thousand dollars; but, as I under· Now, if it be a legal claim against the Government of the United stand it, because of the very fact suggested by the gentleman from States, then the Government bad better right now start into the Tennessee, the committees have uniformly cut the claim down business of paying for every piece of property destroyed of eve.ry one-half, presumably, I say, intending to pay only for the actual character, particularly in the North, where there is no doubt of property taken. the loyalty of the claimant, during the unpleasant. days of 1861-1865. Mr. LLOYD. l\Ir. Speaker, is it not a fact th.at the original If the claim has a legal standing, then the claim of the State of proof showed that the amount taken was $200,000? Pennsylvama, which has been pending here for many years, has l\1r. GROSVENOR. No; that was a misprint in the r eport. also a legal standing, and every building, every church, every The original finding was $20,000. . piece of property, every tree cut down or destroyed during the Mr. RICHARDSON. I have not a copy of the report before me. r ebellion should be and must be paid for by act of Congress. Mr. CANNON. I have, and if my friend will allow me I will I know the winning ways of the gentleman from Ohio. I know read from it. the influence he has in the HousE>. But I call upon the House to l\1r. H.ICH.ARDSON. Certainly. contemplate what it is doing to-day before they establish such a Mr. CANNON (reading)- pret.:edent as will provide for the payment in all cases for prop­ Mr. Cameron and his wife filod claim before this commission­ erty destroyed during the rebellion. That is, the one appointed by General Rosecrans- Mr. BAILEY. Mr. Speaker, I yield the remainder of the time for tho destruct ion of the buildings, fences, timber, orchards, and other in­ to the srentlemn.n from Tennessee [Mr. RICHARDSON]. juries done this prope!tY and for the use and occupation of it by the Union l\1r. KlCHARDSON. Mr. Speaker-- troops. Upon the proofs ta.ken at the time a finding was made in their fo;rnr of The SPEAKER. The gentleman from Tennessee has six min­ $200,000. utes. Mr. RICHARDSON. Mr. Speaker, I had not intended to say a The gentleman says that that is a misprint, and that it should be $20,000. word on the pending bil1, becaut>e I know no~hing in the world about the claim it presents. I have had no opportunity of malcing Numerous affidavits and documents attest tho loyalty' of Mr. and Mrs. Cameron and tho facts of fences, buildings, and timber being consumed by an investigation. But I wish to say a word or two in reference to the Federal Army for fuel. the payment of such claims. Now, it does not show nny appraisement of the value of the f-uel. Now, if I understand the action taken by Congress in dealing Mr. RICHARDSON. I have just had the report handed to me. with claims of this character, it 1s this: Congress has decided, or I do not know how that is. I simply rose to state what I under· did decide soon after the war-and I think tbe decision is in strict stand to be the law; th.at is, that the Government lias agreed to consonance with international law-that they would not pay for pay loyal citizens for personal property taken and used by the the use and occupation of property in the South, o:r ·n the insur­ Army, and with that we are content down there, and our chief rectionery districts, where it \Yas necessary for the X.rmy to oper­ complaint against Congress is that it does not do that, and has not ate in order to suppress the rebellion. paid. any for a great many years. That, I think, is the proper rule of law. If the Government of Mr. LOUD. Yonr complaint is that it does not do enough of it. the United States had a right to put down the rebellion, which Mr. RICHARDSON. \Ve do not insist on pay for.use and oc­ they clearly had the right to do, they had also the right to occupy cupation, because we do not think under the law we would be every foot, without cost to the Government, of territory in the entitled to it. Congress has in a few instances paid colleges and South for that purpose. And I think that has been the line of churches for use and occupation, but almost a lways iu cases of action taken in these cases. this kind it has been where there was a contract made and they But, Mr. Speaker, Congress went further and said that if, while were used for hospital purposes or something of that kind. In occupying this territory in the South in the suppression of the cases of that sort it is eminently proper that there sliould bo pay· rebellion, the property of a loyal citizen-the personal property­ mentmado. was taken for the u1:;e of the Army, and the Army got the benefit The SPEAKER. The time for debate on the bill has expired. of such property, we will pay for it. That is the law. Tbe question is on suspending the rules and p?.. ssing the bill. In this case, as I said, I do not know what the facts are. The The question was taken; and on a division there were-ayes 34, bill on its face provides that the payment shall be for occupat10n noes 58. of the separate property of this claimant, and for fuel taken there· Accordingiy (two-thirds not voting in the affirmative) the House from for General Rosecrans's army. As I understand it, under the refused to suspeI!d the rules and pass the bill. law, if it was for occupation, the Government is not bound to pay l\lr. STEELE. I desire to ask unanimous consent-- for such occupation. The Government has in some cases paid for use and occupation; but when it did so it transgressed the LIEUT. ROBERT PLATT. strict rule which it prescribed for its own action. l\Ir. FISCHER. l\Ir. Speaker, I have a bill that comes up as Mr. GRO~VENOR. Will the g entleman allow me to call his unfinished business. I desire to call up the bill S . 1120. . attention to the fact-- The bill was read, as follows: Mr. RlCHARDSON. Yes. A bill (S. 1126} authorizing the President to appoint Lieut. Robert Platt, Mr. GROSVENOR (continuing). That the Committee on United States Navy, to tho rank of commander. Claims of the Forty-second, Forty-third, Fifty-tirst, Fifty-second, Be it enacted, etc., That tho President be, and iR heroby, anthorizod to ap. and Fifty-fourth Congresses recommended the passage of this bill; point Robert Platt, lieutenant of the junior grade, United ~tates Navy, not m the line of promotion, to the rank of commander, United States Navy, not and that in the Forty-third, Fifty-first, and Fifty-second Con­ in the line of promotion, and that for tllis purpose there be, and is hereby, gresses it passed the Senate? authorized ono additional co=andcr, not in the lino of promotion, but m Mr. RICHARDSON. Yes. all other respects to be entitled to tho rank, pay, emoluments, and privil:?ges l\fr. GROSVENOR. That favorable reports have been made in of commander in tho Navy of the United States. the House in the Fifty-first. Fifty-second, Fifty-third, and Fifty­ l\1r. DOCKERY. Mr. Speaker, I think there was a point of · fourth Congresses, all of them presumably charged with a knowl­ order r eserved against tha.t measure. edge of tho law and tho facts. Mr. GROSVENOR. I make the point of order that debato is l\fr. RICHARDSON. I say I am not familiar with the facts. exhausted on this bill . This bill provides for payment for use and occupation and for .Mr. DOCKERY. Yes, sir; there js a point of order pending fuel taken. I say, under the precedents Congress has established, against this bill. it ought to pay for the fuel taken from this loyal citizen. Whether Mr. FISCHER. No. that amounts to 810,000 or not I do not know. l\1r. GROSVENOR. A point of order is pending against the Mr. GROSVENOR. The report-- speech of the gentleman from Missouri. Mr. RICHARDSON. But I do say the Government is not ob­ Mr. CANNON. What is the gentleman trying to do with this ligated to pay for use and occup:.ition. Now, the only interest I bill? have in this matter, outside of a general interest, is that I think The SPEAKER. The Chair will endeavor' to find out the status we ought to adhere to the rule laid down by Congress; and if of t he bill. [After a pause.] The~ ournal does not state whether Congress will pay to the loyal citizens of the South the value of debate was exhausted. the personal property taken from them and used by the Army, l\Ir. FISCHER. .My impression is that debate was exhausted, those of us from the South will be satisfied. We do not expect to and the House indulged in debate for five minutes on a side. I carry the rule any further than that, and we are content to have ask unanimous consent that deb~te be had for five minutes on a the law enforced in that way. Now, if the gentleman from Ohio side. 1502 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

The SPEAKER. The gentleman asks unanimous consent·that The Clerk read the bill, as follows: there be five minutes' debate on either side. Be it enacted, etc., That the Berdan Firearms Manufactnrin~ ComIJany be Mr. BAILEY. Pending that, Mr. Speaker, why make that re­ and the said company is hereby, authorized to institute a suit m the C9urt or1 Claims a~ainst the United States and for the benefit of Mrs. Mary Kimball quest for five minutes when, upon demand of a second, we would Berdan, the widow of Hiram Berdan, the inventor of certain devices de­ be entitled to twenty minutes? scribed and claimed in a patent issued to the said company, dated l\IarcJ;i 30, The SPEAKER. That was a request for unanimous consent, 1869. and numbered 88-130; said suit to be instituted fo~· the use by the Umted States of the said devices from March 30, 1869, to July 20, 1881; and the bar of because th@ Chair was informed debate had been exhausted. the statute of limitations is hereby waived and the suit may be prosecuted Mr. BAILEY. When was this matter before the House? . to final judgment, as the suit might have been P;'Osecuted if it had been in· The SPE.AKER. It was before the House the 2d of May, 1898. stituted within six :vears from the time when, as is alleged, the said devices Mr. CANNON. Well, I make the point of order, .Mr. Speaker, were used by the United Statas. that it fell when the House adjourned. It being a proceeding to The SPEAKER. Is a second demanded? suspend the rules, and that suspension day having passed by, the Mr. LOUD. I demanrl a second. whole proceeding fell. Mr. STEPHENS of Texas. I ask unanimous consent that a sec­ Mr. FI::>CHER. I will state to the gentleman that there was ond be considered as ordered. no other individual suspension day on which I could call it up. The SPEAKER. Is there objection to the motion of the gentle­ The SPEAKER. But the J oumal of May 2, 1808, says: man from Texas, that a second be considered as ~rdered? [Aftet' P ending further consideration in the House. a pause.] The Chair hears none; and a second is considered as The bill was withdrawn to ho.Pending as unfinished business on next sus­ ordered. The gentleman from Texas is recognized for twenty pension day. minutes. Mr. DOCKERY. Well, that shows this bill has had its day in Mr. STEPHENS of Texas. Mr. Speaker, this clai.m is in favor court. of Mrs. Berdan, the widow of General Berdan, a noted officer in .Mr. FISCHER. I have been in attendance. regularly here, and the Union Army during the civil war. She is simply asking p~r­ this is the first opportunity I have had to bring up the bill again. mission to sue the United States in the Court of Claims, her claim I know of no suspension day intervening between the days. being barred by limitatiou. The bill removes .that bar and per­ Mr. ::3ULZER. We will admit that it is no fault of yours. mits the suit to be brought. It would be not~rng but a:n act of :M.r. FISCHER. The fault is entirely with the gentleman from justice on the part of the Government, after it !1as ?btamed the Missouri. use of the invention of General B_erdan: that his widow be per­ Mr. BAILEY. By unanimous consent it could go over, but I mitted to sue the Government. do not understand that there is anything in our rules to provide l\;tr. COX. Will thegentleman·permitmetoaskhimaquestion? for unfinished business on suspension day. Mr. STEPHENS of Texas. Certainly. The SPEAKER. There is. nfr. COX, Does this bill go to the extent that the Court of Mr. BAILEY. I would imagine that at the close of suspension Claims can render judgment on its finding of facts? day the work that was not completed that day would fall. Mr. STEPHENS of Texas. Certainly; that is the object of the The :::;PEAKER. Probably the reasoning of the gentleman may bill. The Court of Claims would have renuered judgment in the be correct but the custom of the House, the Chair thinks, has former suit for the full amount of 1\1rs. Berdan's claim, but the been differ~n t . Matters have gone over to various suspension days; statute of limitations barred all but six years of the claim. It is for instanco if the unfinished motion for suspension be made by not an express contract, hut an implied contract, and therefore a committee: it would go over to committee suspen~ion day; at was barred at the end of six years. any rate it would go over to that or the next suspens10n day. General Berdan, several years before his death, brought suit 1\1.r. BAILEY. I could understand, of course, that by unani­ against the United States Government and obtained a judgment mous consent that could be done. for the arms that were used for six years preceding the filing of The SPEAKER. nut this was by unanimous consent, to go the suit. But about ten years of the time that the-Go.ve~nlll:ent over until the next suspension day . . had used the firearms was barred by the statute of hmitat10n. Mr. DOCKERY. I make the point that it is not in order under The object of this suit is to permit his widow to recover from the the terms of the agreement which the Chair has just r ead from Government the value of his invention during this ten years. the Journal. In 18GG General Berdan filed his application for a patent. It The SPEAKER. That states it is to be pending as unfinished was issued in 1868. General Hancock and others were, in 18GS, business on the next suspension day. appointed by the United States Gove!nmen~ to pass up.on the Mr. DOCKERY. If it was not called up, would it not go over? merits of various patents on firearms with a v10w of adoptmg the The SPEAKER. The Chair thinks not. best patent at that time. General Berdan's patent was adopted, Mr. DOCKERY. nut this bill wa8 withdrawn. and it was used for fifteen years by the United States Govern­ The SPEAKER. The gentleman will hear the gentleman from ment upon the frontier and gen13rally in the Army. New York on that point. The old Springfield rlfles were changed so that the. extractor and Mr. FISCHER. Merely the question as to whether or not it is ejector patented by General Berdan could be used m those arms. still pending? It was a great saving to the United States Go".ernm~nt, _and the The SPEAKER. Whether it is still pending. Committee on Patents reported, after thorough mvest1gation, that Mr. FISCHER. If the proposition were contained entirely it saved the Government hundreds of thousands of dollars. The within the first point of the consent which I ask~d for _at the last Allen patent at that time was being used, and that patent cost the session, the contention of the gentleman from l\fissoun would be Government Sl.25 to put thein'ventio11- in each gun. The BerP;an well taken, or his point of order would be welt taken; but if the patent, which was superior to the Allen patent, only cost .fifty-mne entire language is read, you will find that coupled with that re­ and a fraction cents; consequently there was a great savmg to the quest for consent that it. be withd:·awn was _that it may ~econ­ United States Government in using the Berdan patent. sidered pending as unfimshed busmess. ~ did not s~op with the This award was made in favor of the Berdan patPnt over the proposition to withdraw it, but withdrew it

l\Ir. STEPHENS of Texas. Yes; so as to include the rest of the Mr. STEPHENS of· Texas.· Mr. Spea}rer, I yield five minutes time between the six years for which he obtained judgment and to the gentleman from New York [Mr. MITCHELL]. the time the Government commenced to use his patent, about ten l\Ir . .MITCHELL. Mr. Speaker, the statements which have years. been made by the distinguished gentleman from California [Mr. Mr. Speaker, I reserve the balance of my time. LouD] as to the facts of this case are somewhat incorrect. He Mr. SULZER. Mr. Speaker, I concur in all the gentleman speaks about these claimants having rested upon their claim for from Texas has said in regard to this bill, and I hope it will meet thh·ty-six years. As a matter of fact, the patents in this case were with no opposition. The bill is an honest one, and has the unan­ not taken out anything like thirty-six years ago. They are of much imous support of the committee. It simply does an act of justice more recent date. Suits were commenced in the Court of Claims to ~ very worthy and deserving widow of a most distinguished on these patents some time, I think, between 1872 and 1879. Union soldier. I trust no member of this House will object to The facts are that the Government was so much interested in giving her a day in court to present the merits of her case. procuring the use of l\Ir. Berdan's inventions that the officers of l\!r. COWHERD. I wish to ask whether at the time this article the Government asked to have the patents expedited in the Patent was patented General Berdan was an officer of the Government? Office. They were anxioui:1 to use these inventions because the :Mr: STEPHENS of Texas. I can not answer that question. Berdan device would save, in the actual cost·of construction, at Mr. SULZER. He was not. least $1.25 _on every gun made. Mr. LOUD. Mr. Speaker, in view of the manner in which this Now, the attorneys for the patentee construed the arrangement bill comes beforeus. I must admit that I know nothing of it, though with the Government, as attorneys sometimes do~ incorrectly, and I know probably as much about it as the average member of this advised their client that he should not sue until the Government Honse. But it would seem that after the lapse of so many years, had completed the manufacture of all these guns. during a part_of which this claimant has had his rights in the The result was that the Government continued the manufac­ court and under the law, Congress should hesitate before it reha­ ture of the al·ms. and Berdan went to the Court of Claims, bilitates or breathes the breath of life into a claim which proha­ which awarded him a royalty of 59.4 cents on each gun manufac­ bly,· if it h~d been prosecuted in the courts when the witnesses tured, which amount is about one-fourth of what the experts esti­ were alive, could never have resulted in a judgment in favor of mated should have been allowed to him. The court, however, the claim. . - . could allow him a royalty only on a portion of the guns, for the Mr. STEPHENS of Texas. The gentleman will allow me to reason that the statute of hmitations absolutely prohibited the S'Qggest that the evidence taken in the former suit can all be ob­ court from considering the question of his claim for guns manu- tained. factured six years prior to that time.. . Mr. LOUD. The argument made in favor of allowing this The case then went to the United States Supreme Court-­ claim is that the party did go to the Court of Claims. but did not Mr. L~UD (interrupting). If the gentlem(l.n will allow me, I prosecute his suit. and the case was dismissed. Now, the as­ would 11ke to know what he is quoting from? He seems to be sumption would be, after this lapse of thirty-six years, that he quoting a statement of facts which do not appear of record here. must have had the.n as good a case as he has :µow. Of course, it l\Ir. MITCHELL. I am quoting from the testimony in the may be that some of' the material witnesses are now dead-ma­ case. terial witneBses perhaps on the side of the Government-by rea­ l\Ir. LOUD. This appears to have been presented a great many son of which fact the case of the Government could not be as years ago, and I do not find the facts the gentleman possesses set strongly-presented as it could have been at ttiat time. forth. I do not know any reason why the Government, after the lapse l\1r. MITCHELL. I will state to the gentleman that no part of of thirty-odd years, should give a defeated contestant a Tehearing. the claim is thirty-six years old. I am speaking, however, par­ I say "a defeated contestant" because eviclently if this party had ticularly of the legal questions involved. had any case. he would have pursued it in court. l do not believe Mr. LOUD. I hope the gentleman will confine his statement, it would be well to give the parties interested a rehearing of the then, to the report of the factR as they appear of record. case, with the opportunity to take advantage of certain conditions Mr. MITCHELL. The facts are as they appear in the report. now existing. As is well known to some members of this House, Mr. LOUD. Then I will state that the gentleman's statement the interests of the Government are not at all times defended in does not conform with the report as far as I have been able to ex- the Court of Claims with the ability displayed on the other side, amine it. . especially where a large amount of money is involved. Mr. MITCHELL. I will thank the gentleman for any correction The main point made by the gentleman from Texas-I can not he may make. I do not wish to misrepresent any of the facts in see much l'!trength in it-is that tho attorney of Mr. Berdan advised the case. The facts are and the report shows that this device was him that he had a contract. not approved by the War Department until November, 1868, and .l\fr. STEPHENS of Texas. An express contract. the manufacture of it by the Government commenced after that Mr. LOUD. That he had an express contract, and that there date. I am statmg now what is of record. was no use of hts pur3uing the case further in the Court of Claims. The legal situation is that the Supreme Court of the United That is but an allegation at best. But even admitting it to be States passed on the matter. As stated in t he opinion of this true, why should a claimant of this kind, after having had all the court, recorded in 156 United States Reports, page 573, Berdan rights of any other citizen, come here and ask the Government to was unquestionably entitled to r ecover on the award of tho Court permit him once more, simply because his attorney advised him of Claims, and the Supreme Court awardecl him in this judgment to withdraw the suit-I do not think that fact appears in the evi-. the sum of about SD5.000. · dence in the case, but if it were true, why, I ask, should he be per­ Now, under that decision of our highest court it is perfectly mi.tted to take advantage, after the lapse of thirty-six years and the evident that the balance due is justly due as soon as the statute is disappearance, possibly, of much of the evidence matel'ial to the removed, and that the widow should have the right to go to the case of the Gq_y.e_i:nment, why should he be permitted to bring Court of Claims and prove her case. his case again before the Court of Claims, a case involving-, I sup­ That is all I desire to say upon the question. pose, a large amount of money, so that the parties could well The SPEAKER. The question is on the motion of the gentle­ afford, probably, to employ the best legal talent in the country, man from Texas to suspend the rules and pass the bill. while they would have opposed to them on the part of the Gov­ The question was taken; and two-thirds having voted in favor ernment attorneys who have more cases to attend to in the Court thereof, the motion to suspend the rules and pass the bill was of Claims than they can possibly attend to properly? agreed to. It appears from a casual examination of this report that it is not Mr. MlTCHELL. l\Ir. Speaker, I move to reconsider the vote. even alleged that the Government used in the construction of its The SPEAKER. There is no necessity for reconsidering the arms more than a very small part of any of the patents or appli­ vote, the bill having been passed under a suspension of the rules. ance alleged to have been owned by Mr. Berdan. Now, it would CONSIDERATION OF PUBLIC-BUILDING BILLS. be pretty difficult to prove after thirty-six years-- · Mr. STEPHENS of Texas. The report shows that there were Mr. :MERCER. l\fr. Speaker, I move to suspend the rules and 284,000 rifles- pass the resolution I send to the desk. Mr. LOUD. Certainly, I do not deny that rifles to that num­ The SPEAKER. The resolution will be read. ber were made; but it is not contended that those rifles were made The Clerk read as follows: in accordance with the patent of Mr. Berdan. All that is claimed Resolved, That immediately after the r eading of tlio Journal on Tuesday and Wednesday, February 7 and 8, the House proceed to consider such bills is that perhaps some trifling portion of the arms manufactured as may be indicated lly the Committee on Public Buildings and Grounds, such may possibly h ave been an infringement upon some trifling part consiueration to be first had in Committee of the Whole House on the state of an arm which he_had invented. That is all that is alleged. of tbe Union, and the consideration of such bills in the House or in Commit­ I hope the House will exercise the same sound judgment in this tee of the Whole House to continue during the two days mentioned. case that it has exercised in others, and that after this case has The SPEAKER. Is a second demanded? been allowed to sleep for thirty-six years Congress will permit it Mr. DOCKERY. Before demandimra second, I would ask unan­ to rest with the millions of other claims no more meritorious which imous consent to propose a modification of the resolution. I sug­ are knocking at our doors. gest that the gentleman fix in the resolution some hour for ad­ I reserve the balance of my time. journment each day. 1504 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 6,

Mr. MERCER. I will say that that is a good suggestion. I am Mr. OTJEN. Mr. Speaker, there are 44 claims reported by the ·perfectly willing to say that the House shall adjourn at 5.30 o'clock; Committee on War Claims to this House with the recommenda­ and ask to so modify the resolution. tion that they be sent to the Court of Claims for consideratJ.un. Mr. LOUD. 1 thmk f> o·clock is long enough. They are all of one character, being for stores and supplies. The Several MEMBERS. Why not make it 5 o'clock? total amount involved in these 44 claims is $212,G04. The last re­ The SPEAKER. The modification proposed by the gentleman port of the Court of Claims upon claims of this character shows from Nebraska will be read. that it has acted upon 176 similar claims, and disallowed or dis­ Mr. l\1ERCER. I propose to modify the resolution by adding missed 151 of them. to it the words "the House to adjourn not later than 5.30 o'clock Mr. CANNON. Of these claims, or claims of a similar char~ p. m. on each clay." acter? The SPEAK.EH.. Is a second demanded? l\1r. OTJEN. Claims of a similar character.· The amount l\1r. LOUD. I thought the gentleman from Missouri had de­ claimed in the claims which were disallowed was $250,179. They manded n. second; but I demand a second. allowed 25 claims, the amount allowed being $12,807, showing Mr. MERCER. I ask unanimous consent that a second be con­ that the court has allowed a little less than 5 per cent. Now, in sidered as ordered. these 44 claims that we seek to send to the Court of Claims there Mr. LOUD. I have no objection to tbat. is 8212,000 involved, end if the court should allow them at the I have no objection to the resolution itself, I will say to the gen­ same ratio all heretofore-and there is no reason why a greater tleman from Nebras ·a. but it seems to me that in the shape the amount should be allowed-the amount allowed would be about gentleman offers hi3 resolution the House would be compelled to $10,500. Now, these claims have all been passed upon by the Com­ remain in session until 5.30 o'clock, whether it is desired to do so or mittee on War Claims and are on our Calendar here. Many of not. after completing- its business. them have been reported a number of times, and it seems to me Mr. .MERCER. No; the gentleman is mistaken. I have modi­ that they ought to be sent to the Court of Claims, there to be dis­ fied it by providing that the session shall terminate not later than posed of. Many of them will not return. 5.130 on each of tho days mentioned. In the first place, the claimants will be requfred to prove their The SPEAKER. The resolution will be again reported as loyalty. Nothing is waived in sending them to the Court of modified. Claims except the statute of limitations. It seems to me we ought The modified resolution was again read. to send these claims there rather than have them come up here The question was taken; and (two-thirds having voted in favor ses:;ion after session to lumber up our Calendar and involve tho thereof) the rules were suspended and the resolution passed. Government in the expense of printing reports, bills. and so forth. ADDITIONAL EMPLOYEES, COlIMITTEE ON ENROLLED BILLS. I simply ask that these claims be sent to that tribunal for consid­ eration. Mr.,LOUD. Mr. Speaker, I ask for the reconsideration of House Mr. CANNON. In referring them under the Tucker Act, does resolution ifl5, providing for the appointment of additional clerks that mean that the court is to render final judgment? for the Committee on Enrolled Bills. This r esolution was passed Mr. OTJEN. No; it simply reports its findings to tho House on Saturdav last, but in such form that the chairman of the Com­ without judgment. mittee on Enrolled Bills informs me the clerks could not get any Mr. CANNON. I understand my friend to say that these pay. claims, amonuting to $212,000, are all on the Calendar now? The SPEAKER. The resolution will be reported. l\1r. OTJEN. Yes. Tho Clerk read as folJows: Mr. CANNON. All with favorable recommendations? . Resolved, That the chairman of the Committee on Enrolled Bills be, and ho hereby is, authorized to appoint two additional clerks for said committe.e for Mr. OTJEN. With favorable recommendations that they be the remainder of tho session; said appointments to date from January 20, 18!1.J. sent to the Court of Claims. Mr. LOUD. Now, 1\fr. Speaker, I ask to reconsider the vote for Mr. CANNON. Have the committee looked into the merits of the purpose of appending to the resolution the following words, them? which I send to the desk. Mr. OTJEN. Yes; that is the supposition. They were all The Clerk read as follows: acted on in full committee, and such a recommendation was Add to the resolution just read "and the clerks appointed under this made. r e olution be paid $6 per diem, to be paid out of the contingent fund of the Mr. CANNON. Presumably they have merit? House." Mr. OTJEN. ·They have merits or else they would have been The SPEAKER. The gentleman moves to suspend the rules disallowed. and pass the resolution with the amendment reported. Mr. CANNON. And still my friend has so little confidence in Mr. LOUD. If that is the best parliamentary way, should we the judgment of the Committee on War Clai.ms that he says hero not first reconsider the vote already taken? are $212,000 worth of claims and that if we will refer them to the The SPEAKER. 'rhe gentleman can move to suspend the rules, Court of Claims he is satisfied that not exceeding 5 per cent of reconsider the vote already taken, and pass the resolution with that amount will be allowed by the court. the amendment which h as just been read. .Mr. OTJEN. Well, l am only givmg you the facts, that the .l\Ir. LOUD. That is entirely satisfactory. Court of Claims in passing upon 176 similar claims, amounting in The SPEAKER. Is a second demanded? the aggregate to siu2,000, has allowed a total of only $12,807, No second being demanded, the motion to reconsider the vote which is a little less than 5 per cent. by which the resolution was passed, and to pass the same with the . Mr. CANNON. If my friend will allow me-because we want amendment, was agreed to (two-thirds voting in favor thereof). to get at the exact facts-I take it that all these claims have had REFERENCE TO COURT OF CLAilIS OF CERTAIN BILLS. their day in court under legislation of Congress. be ore the War Mr. OTJEN. Mr. Speaker, I move to suspend the rules and Department,.and have been rejected. Not content with that re­ pass the following resolution. jection, ancl after the statute oi limitations has run, they still The Clerk read as follows: come to Congress-as they have power to do-to appeal to Con­ Resolved, That the r esolutions (Nos. 136, 137, 138, 130, 158, 165, 166 167, 168, gress for relief. 1n. t;i7, ~7'8, 17~, 180, l SSJ lliU, l?~~ l!J~, !!UO_: 201\.f02' ~· ~· ~ l~, 211, 2_13~~1!. ~15, 217.z Now, my friend wants to wash his bands and give them a sec­ ..,18, "40, ~·H, 2!:1, 2H, 2w, 2-1(), 205, 200, 2il't 282, 29.:i, 30.... , 300, 00!, 31b, u:i!l, 310, ana ond adjudication. and he is satisfied that {)5 per cent of them will House bill G4S) for the reliof of Abel Casper, Fanme J. Johnson, William 0. be rejected, and he does that to get rid of them. Yot that 9() per Mosoly, 'Varren R. Dent, Martha S. Carmichael, Henry Ea!>torlin. J. H. McV cigh, Mary Ann Hendricks, Levi Elmore, Mississippi Manufacturing Com­ cent of them will come up smiling and will be here when my P-any, Mrs. .l\iinnie Anurews, Richard P. Blackiston. Alexander Poland, W. B. friend is dead and gone, asking that the statute of limitations be Horner, Jacob E. Rmith, Cath rine Morein, J ames R. Shrodos, 'l'horoas B. removed a second time and that a second adjudication uo set aside. Scott, Michael Dittlinger, C. PhitzinJ.?, John Doyle, Dr. Theodorick Blancl, Abram Lasher, J. & 0. P. Coub & Co., Mrs. S. 0. N. Pleasants, Ellen J. Theso claims having had their day in court, when multiplied mil­ Brossman, heirs of Andr ew Schocnfelt. Joseph Curriden, Fannie Holari, estate lions of dollars were paid, after investigation by the Department, of Hnnry E. 'Vindlev, Thomas Owens, heirs of John lllont~omery, and Thomas at the Government expense, and after full bearing before the E. Williams, .M. H . .Tobmi. W. D. Hatch, Edward O. Watkins, estate of Samuel Worthington, deccasod, Theo

Mr. OTJEN. What we want to get is the facts. bring th_eir witnesses here, could not prosecute their claims, and Mr. CANNON. What we want to get at is the facts. hence their claims fell by the wayside. . Mr. OTJEN. I can not give you the particulars in each case. As a further matter of fact, a numbor of these claims were put I can only say to you that each and all of these cases has been in­ into the hands of attorneys here that were never presented by vestigated by the Committee on War Claims, and it is the judg- such attorneys to any branch of the Government for adjudication -- - ment of that committee that these cases ought to go to the Court or payment, and they have slept there for a. number of years. of Claims. Now, so far as the statute of limitations is concerned, Mr. CANNON. If my friend will allow me right there, for that I think as to these claims there ought to be only one condition, very reason, that poor people might have their claims investigated, and that is whether they are honest and straightforward claims Congress for many years appointed agents and paid them from the against the Government; and if they are, we ought to pay them, Treasury, who, at the expense of the Government, went into all notwithstanding the statute of iimitations, whether these claims the States from which the claims came and made investigation, have been passed upon by any department or not. after giving the claimants due notice, with full power to appear - - Mr. CANNON. I think there will be no question but every ono by attorney or otherwise. · has l.Jeen passed upon. Mr. COOPER of Texas. Admitting that statement to be cor­ - Mr. GIBSON. If a case has ever been presented to any depart­ rect, they could not have known of these claims that were lying ment of the Government there is no bar of the statute of limita­ in the hands of attorneys in Washington or that belonged to peo­ tions. ple who were unable to bring their witnesses here to the courts. 1\1r. CANNON. Very well. The gentleman says there is no l\Ir. CANNON. I say again, that these agents went on the 'Oar. I have no doubt, I will say to my friend, that every one of ground-went to Tennessee, to Virginia, to Kentucky; and for these claims has had its day in court before the Quartermaster­ many years that was done. l\:Iy friend says that these claims were General's Department. We had a force of special agents who not before the Southern Claims Commission or the Quartermaster­ made investigations for the department. I reme·mber that we General. I feel very sure that my friend is mistaken. made appropriations for that purpose. l\Ir. COOPER of Texas. I do not state that positively. Some Mr. GIBSON. I would say to the gentleman that if he would of them may have gone there, but I stated that the reason they examine these cases investigated by the Quartermaster-General, he were not acted upon by this tribunal was because the tribunal will find that the Quarterll'.laster-General decided that there was required the witnesses to come in person, and they could not no law for him to determine, and that he dieallowed nearly all come and bring their witnesses here on account of the expense. these Southern claims. Mr. CANNON. Right there .J; controvert my friend's position. Mr. CANNON. My friend is clearly in error, because hundreds I thinkheisinerror, because the Government went on the ground and hundreds of thousands of dollars were allowed. through its agents, many of them, and made an investigation after Mr. GIBSON. That is very true; but they amounted to mil­ giving notice to the claimants. . lions. Mr. COOPER of Texas. l\fr. Speaker, I can answer the gentle­ Mr. CANNON. Those matters frequently fell within my man from Illinois [Mr. CA.NNON] better by citing one case. I -knowledge, when they came before me as a member of the Com­ know of one case in the resolution proposed to be referred of a mittee on Appropriations for agents that were sent all over the gentleman who furnished stores and supplies to the Army in its country. Reports were made by them. There was a corps of necessity, and he took receipts from the commanding officers in clerks-I recollect at one time as high as 100 clerks-in the charge. He had the affidavits of tho men who got the property, Quartermaster-General's Office. It was not only his duty, but it and that claim has never been presented for consic1eration to any was a binding duty, under the law, to make these adjudications, tribunal. Once it pasRed this branch of Congress, but has never and he did make them, and the reports of the Quartermaster­ been paid; and all we now ask is to go to court and allow the claim- General were acted upon and appropriations were made. ants to prove their claims. . Now, what I claim is this: That these claims having had their It is a commentary upon any Congress, upon any Government, clay in court, and having been adjudicated, they seek a second that will refuse or deny the right of any citizen to go to tlrn courts adjudication, and if perchance by our act thoy are given another of his country and prove up his claim against the country. I say chance and are again turned down, like hope they will spring from experience and observation that this Government is the poor­ eternal and seek a third adjudication. If these were matters be­ est paymaster in the world. I have seen widows Jrnocking at the tween private individuals, they would have been ended; but as it door of the Committee on War Claims, asking that their jt;l.St is against the Government, why Congress has complete jurisdic- claims be paid to them, and when such claims were recommended tion; and here we are. . for payment they were driven from the doors of Congress; they Mr. OTJEN. May I interrupt the gentleman? I want to cor­ have gone down on the streets of this city and hawked their claims rect the gentleman by stating that not a single claim that has to attorneys, speculators, and purchasers upon the streets. Then been disallowed by the Court of Claims for stores or supplies ever these speculators and attorneys, after getting a large fee or pur­ came back to Congress for reallowance. I looked that matter up chasing the claim for a song, have presented the claim, and by very carefully about claims for stores and supplies, such as these Congress ultimately it is paid. Now, all these people ask is to go cases, and not a single one has ever come back here for reallow­ the court. This resolution does not provide for church claims or ance when once turned down by the court. I now yield to the college claims. It provides for the payment to the people that . ·gentleman from Texas [Mr. COOPER] . ,, furnished the soldier provjsions and supplies. Mr. COOPER of Texas. Mr. Speaker, no man can so keenly 1'Ir. l\IcRAE. Why is it that under the law the committee does appreciate the interest in these cases as a member of the Commit­ not refer them? - tee on War Claims. We are confrontod every day thatwe have a session with claims presented by parties who are interested in .Mr. COOPER of Texas. The committee can not do it because them. We can not have other than ex parte hearings on these they are barred by the statuto of limitations anu under the law. claims, and from the statements made and from the testimony ad­ Under the Bowman Act the court could not have jurisdiction. We duced it is apparent that the claims are just and as meritorious Ji>ropose to refer them under the Tucker Act. as other claims before this House. But we prefer to refer them to Mr. McRAE. Why not under the Bowman Act? the Court of Claims. Mr. COOPER of Texas. Because they are barred, and now have They appear to be just and meritorious; but in consequence of no standing under that law. their antiquity we are unwilling to make a report to this Congress l\ir. OTJEN. The law requires that they ehould be referred by asking appropriations to pay them, but prefer to refer them to one the House and not by the committee. The Tucker Act requires of the branches, the judicial branch, of the Government, that it the House to refer them. may ascertain whether or not the claim is just and whether the Mr. McRAE. Are they not covered by the Bowman Act? citizen was a loyal citizen and is entitled to be paid. Now, the Mr. COOPER of Texas. No~ they are not covored by the Bow­ - objection made by the gentleman from Illinois to these claims is, man Act. as ho says, "they have had their day in court." In this I am sure Mr. HENRY of Mississippi. Mr. Speaker, I would like to say he is in error. I would not assert it positively, but I believe it to a word, if the gentleman will permit me. be true that not a single one of the claims proposed to be referred Mr. OTJEN. How much time have I remaining, Mr. Speaker? to the court by this resolution has ever had its day in court. The SPEAKER. Two minutes. As a matter of fact, conditions were these: Congress provided Mr. CANNON. Is the gentleman from Mississippi [Mr. HENRY] several departments or agencies authorized to inquire into the for or against the bill? validity of these claims, and some were authorized to make pay­ Mr. HENRY of Mississippi. I am for it. ments of this character of claims subsequent to the war. The l\Ir. CANNON. I will yield to my friend five minutes if he Southern Claims Commission had power to do so, but by a rule wants to yield it to the gentleman from l\1ississippi. prescribod by them in all claims amounting to the sum of $10,000 l\1r. OTJEN. Then I yield to the gentleman from Mississippi in value the witnesses had to appear here in Washington in per­ [Mr. HENRY J. son and testi.fy before that commission. In consequence many of Mr. HENRY of Mississippi. Mr. Speaker, I want tlo say in ad· the claimants, being poor and unable to furnish the money to vocacy of this resolution that from an economical stanclpoint, XXXII-95 1506 CONGRESSIONAL RECORD-HOUSE. FEBRUARY S,

aside from tho justice of the case, it would be better that this reso­ might n·ot be oppressed, appropriated money for the employment lution shou1d pass. For yen.rs and years these bills have been in­ of agents who year after year went to Tennessee, Kentucky, Vir­ troduced into eacli succeeuing Congress. They are then required ginia, Missouri, and everywhere else in that part of the country to be printed, with the report. They come here and stand on tlle which had been the theater of war and investigated these claims Calendar, and the very next session they are reintroduced and at the expense of the Government, the claimants receiving notice, more printing is required. and appearing, or having the power to appear, by attorneys an

~~e, believing that they have a just claim against the Govern­ rector shall become >acant, the Assistant Dire:::tor shall perform the duties of the Director. me~~ ; bills are introduced and reports made, putting the Govern­ .SEC. 5. That there shall also bo in the Census Office, to be appointed by the ment to expense in printing :md loading up our Calendar. 1,Ve seek Director thereof in the manner hereinafter specified, 5 chief stati-sticians, who to send li!lem to the Court of maims, where they can be considered shall be persons of known and tried experience in statistical work, at an an­ and. examined by a properly constituted tribunal, and then if the nual salary of $3,000 each; a chief clerk, 1 di'Sbursing clerk, and 1 geographer, at an annual salary of ~.500 each; 5 expert chiefs of division and.2 stenogra­ ::-eport is in favor of the claim, that the Government will pay phers, at an annual salary of S2,000 each; 10 clerks of class 4, 15 clerks of cluss 3, for it. 20 clerks of class 2, and such number of clerks of class 1, ancl of clerks, copy­ I ists, computers, and skilled labore1:s, at salaries of not loss than 3000 nor moro e bond to the Secret.ary of tho Tren!Jury in the sum of $50,000, which bond shall be conditioned that the said officer shall render a tribunal where the people who have private claims against the true and fathful account to tho proper al'\counting officers of tho Treasury, Government may present them properly. Then, if they are re­ quarter-yearly, of all moneys and properties which shall bo received bv him jected, let tnem be turned down, but if that tribunal allows them by virtue of his cffice, with sureties to be approved by the Solicitor Of the Treasury. Such bond shall be filed in the office of tho Secretary of tha Troas­ the Government then ought to pay them just as it pays its bonds. ury, to be by him put in snit upon nny breach of th3 conditions thereof. I can only say that we as committeemen are attempting to do 8Ec. 6. That the Director of the Census m::i.y also appointono captain of the our duty in this matter when charged with the responsibility of watch, at a salary of $310 per annum; two me sengers, and such number of watchmen, assistant m essengers, and laborers, at salaries of SOOO each per these claims, and it is the view of the committee of which I am anuum; messenger boys, at salaries of S·!OO each per annum; and charwomen, a member tha.t these claims ought to go to the Court of Claims. at saL"tries of $'.U-0 each per annum, as may be necessary to carry out the pro­ They have been passed upon singly. It is the recommendation visions of this act. SEC. 7. That all appointments authorized by section 5 of this act shall be of that committee that they go there, and it seems to me that the subject to such examination as may be prescribed by tlie Director of the House ought to give som~ weight to the judgment of that com­ Census, but such examination shall r elate solely to the character and fitness mittee. I ask that the resolution be passed. of the a:pplicn.nt for the special position to which tho applic.:mt is to be as­ signed if selected: Prodded, That employees in existing branches of tho The SPEAKER. The question is on suspending the rules and departmental sorvico, under civil-service rules, whose ser-vices may be spe­ passing the resolution: cially desired by the Director of the Census, may be transfcned without ex­ The question being taken, on a division (demanded by Mr. CAN­ amination; but not more than fifteen such transfers shall be mado, and at NON) there were-ayes 75, noes 17. the end of such service the employees so transferred may be eligible to ap­ pointment in the Dep:u-tments without additional examination when >acan· Accordingly, two-thirds voting in the affirmativo, the rules were cies exist. All appointments authorized by section 6 may be made without suspended and the resolution was passed. examination, and such appointees shall not bo eligible for promotion without passing such examination as may be prescribed by the Director of the Census. SNOW AND ICE IN THE DISTRICT OF COLUM13LL SEC. 8. That the collection of the information required by this act shall be Mr. CANNON. Mr. Speaker, I should ba glad to be recognized ma.de, under the direction of the Director of the Census, by supervisors, for a minute on an emergency matter. I ask unanimous consent enumerators, and special agents, as hereinafter provided. SEO. !J. That the Twelfth Census shall be restricted to inquiries relating to for the present consideration of the bill (H. R. 12009) to provide tho population, to mortality, to the products of agriculture and of manufac­ for the removal of snow and ice in the city of 'Vashington, in the turing and mechanical establishments. The schedules relating to the popu­ DistJ:ict of Columbia. lation shall comprehend for each inhabitant the name, age, color, sex, con­ jugal condition, place of birth, and place of birth of parents, whether alien The bill was read, as foilows: or naturalized, numbar of years in the United States, occupation months Be it enacted, etc., That the following sums are hereby appropriated, out employed, literacy, school attendance, and ownership of farms and homos; of any money in tho Treasury not otherwiso appropriated, to be immed1ately and the D1rector of the Census may use his discretion as to the construction available, for the following oujects, namely: and form and number of inquiries necessary to socure information under the For cleaning snow and ice from crosswalks and gutters, under the act ap­ topics aforesaid. pro"\"ed l'ilarch 2, 1895, $2,000, one half of sald sum to be paid out of the reve­ The mortality schedule shall comprehend for each decedent tlle name, sex, nues of the District of Columbia and the other half out of the Treasury of color, age, conjul3'al condition, place of birth, and birthplace of parents, occu­ the United States. pation., ca.use ana date of death, and, if born within the census year, tho date For tho removal of snow and ice, to be disbursed under the direction of of birth. The form and ar rangement of the schedule and the specific ques­ tho officer in charge of public- buildings and grounds in and around Wash­ tions necessary to secure the information required shall be in the di-scretion ington, D. C., $1,000. of the Director. The schedules relating to a&"riculture shall comprehend the following topics: Name of occupant of each rarm, color of occupant, tenure, Mr. CANNON. I will say to the House that we had a snow­ acreage, value of farm and impro>ements, acreage of different products. storm last night. It seems to me there can be no objection to this quantity and value of products and number and value of live stock. All bill. ' questions as to quantity and value of crops shall relate to the year ending Docember 31 next preceding the enumeration. The specific form and di"\"ision The SPEAKER. Is there objection to the present consideration of inquiries necessary to secure information under the forE\going topics shall of the bill? be in the discretion of the Director of the Census. Thero was no objection. Tho schedules of inquiries relating to the products of m anufacturing and The bill was ordered to be engrossed and read third time; and mechanical establiqhments shall embrace the name and location of each es­ a tablishment; character of organization, whether individual, cooporati"\"e, or it was accordingly read the third time, and passed. other form; date of commencement of operations; character of business, or On motion cf Mr. CANNON, a motion to reconsider the last kind of goods manufactured; amount of capital in>ested; number of proprfo­ vote was laid on tho table. tors, firm members, copartners, or officers, and the amount of their salaries; number of employees., and the amount of their wages; quantity and cost of SUNDRY CIVIL APPROPRIATION BILL. materials used in manufactures; amount of miscoll:meous expenses; quantity Mr~ CANNON, from the Committee on Appropriations, re­ and value of products; time in operat]on during the census year; character and quantity of power used, and character and number of machines em­ ported the bill (H. R . 12008) making appropriations for sundry ployed. The form and subdivision of inquiries necessary to secure the infor­ civil expenses of the Government for the fiscal year ending June mation under the fore~oing topics relating to manufacturini;,. and mechan­ 30, 1900, and for other purposes, which was read afirstandsecond ical industries shall be lil the discretion of the Di.rector of the Census. The information collected shall relate to the fiscal year ending nearest the time, referred to the Committee of the Whole House on the state date set for tho enumeration of the population. Whenever he shall deem it of the Union, and, with the accompanying report, ordered to be expedient, the Director of the Census may withhold tho schodules for said printed. manufacturing and mechanical statistics from tho enumerators of the sev­ eral subdivisions in any or all cases, and may charge the collection of these l\fr. COOPER of Texas. Itlr. Speaker, all points of order are statistics upon special agents, to l::e employeO. without respect to lo(jlB.lity. In reserved. cities or States whore an official rei;:istration of deaths is maintained, the Di­ . The SPEAKER. All points of orc1er are reserved. rector of the Census may, in his discretion, withhold the mortality schedulo from the several enumerators within such cities or States, and may obt::i.in TWELF'l'II CENSUS. the information required by this act through official records, paying thore­ l\!r. for such sum of money as may be found necessary, not exceeding~ cents for Mr. HOPKINS. Speaker, Imo-veto suspend the rules and each death thus r eturned. pass the bill (H. R . 11815) to provide for taking the Twelfth and '!'he Director of the Census if' also authorized and direct ed to make suit­ subsequent censuses. . able pro>ision for the enumeration of the population and products of Alaska Mr. JOHNSON of Indiana. l\fr. Speaker, I demand a second. and other noncontiguous possessions of the United r;tates, administered under the civil go>ernment thereof, for which purpose he may employ su­ The SPEAKER. The gentleman i'rom Illinois [Mr. IloPKINSl pervisors and enumerators or special agents as he may deem necessary. 'l'he moves to suspend the rules and pass the bill which will be reportea only volumes that shall be pr~pared and published in connection with the by the Clerk. · Twelfth Census, except the special reports h ereinafter provided for, shall relate to population, mortality, and vital statistics, the products of agri­ The bill was read, as follows: culture, and of manufacturing and mechanical establishments, as aboye Be it enactecl, etc. , That a census of the population, of deaths, and of tho mentioned, and shall be desi,,.nated as and constitute the census reports, manufacturing, mechanicn.l, and agricultural products of the United St::i.tes which said reports shall be putlished not later tho.n the 1st day of July, 1902. shnll bo taken in the year 1900, and once evory ton years thereafter. The report upon vopulation shall include a series of separate tables for each SEC. 2. That there shall be established at the seat of gove1·nment a Census State~ giving by counties the number of male personB below and abo\e the Office, the dutios of which Shall be the taking of the Twelfth and succeeding age of :?l years, their color , whether native or foreign born, whether natural­ censuses and tho collection of other statistics, as hereinafter provided: Pro­ ized or not, and their literacy or illiteracy. All terms oXJ)ressing we~~~ i'ided, lwwM..'er, That nothing herein contained shall be construed to establish measure, distance, or value shall be expressed in the terms of the En · a census bureau permanent beyond the Twelfth Census. language as spoken in this country. SEC. 3. That the Census Office shall be under charge of a Director of the SEC. 10. That after the completion and return of the enumeration and of Ceni;us, who shall bo appointed, as soon as possible after the uassage of this the work upon the schedules relating to the products of ai;rieulture and t o act. by the President, by and with the advice and consent of the Senate, who manufacturin~ and mechanical establishments provided for in section 9 of sh.111 receive an annual salary of s;G,000; ·and there shall also be an Assistant this act, the Director of the Census is hereby authorized to collect statistics Director of tho Census, to be appointed in like manner , who shall be an expe- relating to the special classes, ineludin~ the insane, feeble-minded, deaf, 1·ienccd, practic.al statistician, and shall receive nn annual salary of $4,000. dumb, and blind; to crime, pauperism, and benevolence, including prisoners, SEC. 4. That during the absence of the Director, or when the office of Di- paupers, juvenile delinquents, and inmates of benevolent and reform<,itory 1508 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 6, institutions; to deaths and births in r egistrat.ion areas; to social statistics of ciencies being discovered in his said returns he shall use all diligence i~ cor­ cities ; to pu blic indebtedness, valuation, taxation, and oxpenditures; to re­ r ecting or supplyin~ the same. ligious bodies; to electric light and power , telephone and telegraph business; In case the subdivision assigned to any enumerator embrace all or any to transportation by water , express business, and street railways; to mines, part of any incorporated borou~h village, town, or city, and also other ter­ mining, and miner als, and the production and value ther eof, including gold, ritory not included within the hmits1 of such incorporatod borough, village, in divisions of placer and vein, and silver mines, and the number of men em­ town. or city, or either, it shall be the duty of the enumerator of such sub· ployed, the average daily wage, average working time and aggr egate carn­ division to clearly and plainly distinguish and separate, upon the population. mgs in the various branches and aforesaid divisions of the minmg industry: schedules, the inhabitants of all or any part of such borough, village, town, Proi·ided, That the r ellorts her ein authorized r elating to mines, mining, and or city, as may be embraced in the subdivision assigned to such emimerator, minerals shall be published on or before July 1, A. D. 1903. from the inhabitants of the territory not included therein. No enumerator And the Director of the Census shall prepare schedules containing such shall be deemed qualified to enter upon his duties until he has received from interrogatories as shall in his judgment be best adapted to elicit the informa­ the supervisor of census of the district to which he belongs a commission, tion r equired under these subjects, with such specifications, divisions, and u nder his hand, authorizing him to perform tho duties of an enumerator, particulars under e&ch head as he shall deem necessary to that end. For the and setting forth the boundaries of the subdivision within which su ch duties purpose of securing tho statistics r equired by this section, the Director of are to be performed by him. · the Census may appoint special agents when necessary, and such special SEC. 15. That the subdivision assigned to any enumerator shall not ex ceed agents shall receive compensation as hereinafter provided. The statistics of 4,000 inhabitants, according to estimates based on the preceding censu s OJ.' deaths and births provided for in this section shall be obtained from, and re­ other reliable information, and the boundaries of all subdivisions shall be stricted to, the r egistration records of such States and municipalities as pos­ clearly described by civil divisions, rivors, ro::i. ds, public surveys, or other sess records affording satisfactory data in n ecessar:y detail, in the discretion easily distinguished lines: P rovided, That enumerators may be assigned for of the Director, the compensation for the transcription of which shall not the special enumeration of institutions, when desirable, without r efer ence exceed 2 cents for each birth or death reported. The statistics of special to the number of inmates. classes, and of crime, pauperism, and benevolence specified in this section SEC. 16. That any supervisor of census may, with tho approval of the Di­ shall be restricted to institutions containing such classes: Provided, That at rector of the Census, r emove any enumerator in his district and fill the va­ the time of the census enumeration the data relating fo these classes may be cancy thus caused or otherwise occurring. Whenever it shall appear that any collected by the enumerators of such institutions, who shall receive compen­ portion of the enumeration and census provided for in this act has been negli­ sation therefor at rates not exceeding, in per capita districts, 5 cents for each gently or improperly taken, and is by r eason thereof incomplete or erro­ name enumerated and returned. '.rhe collection of statistics authorized by neous, the Di.rector of the Census may cause such incomplete and unsatisfac­ this section shall be made at such time or times and in such manner as will tory enumeration and census to be amended or made anew under such not interfere with nor delay the rapid completion of the census reports pro­ methods as may, in his discretion. be practicable. vided for in section 9 of this act, and all reports prepared under the ~provi­ SEO. 17. r:J;hat the Director of the Cen sus ma¥ authorize and direct super­ sions of this section shall be designated as "Special Reports of the Census visors of census to employ interpret ers to assist the enumerators of their Oftice." · r espective districts in the enumerat ion of per sons not speaking t he Eni;lish SEO. 11. That the Director of the Census shall, at least six months prior to language. The compensation of such interpreters shall be fixed by the Di­ the date fixed for commencin~ the enumeration at the Twelfth and each suc­ r ector of the Census in advance, and shall not exceed $-! per day for each day ceeding decennial census, desl~natethe number, whether one or more, of su­ actually and necessarily employed. pervisors of census to be appomted within each State or Territory and tho SEO. 18. That the compensation of tho enumerators shall be ascertainod District of Columbia and other noncontiguous possessions of tho United and fixed by tho Director of the Census as follows : In subdivisions where he States, administered under the civil law thereof, who shall be appointed by shall deem such allowance sufficient, an allowance of not less than 2 nor more the President: Pro'l.;ided, That the whole number of such supervisors shall than 3 cents for each living inhabitant and for each death reported; not less not exceed 300: And provided further , That wherever vracticable and desir­ than 15 nor more than 20 cents for each farm, and not less than 20 nor more able the boundaries of the supervisors' districts shall conform to the bounda­ than 30 cents for each establishment of productive industry enumerated and ries of Congressional districts. returned may bo given in full componsat ion for all services. For all other SEO. 12. That each supervisor of census shall be charged with the perform­ subdivisions per diem rates shall be fixed by the Director of the Census ac­ anco, within his own district, of the following duties: To consult with the Di­ cording to the difficulty of enumeration, having r eference to the nature of rector of the Census in regard to the division of his district into subdivisions the region to be canrassed and the density or sparseness of settlement, or most convenient for the purpose of the enumeration, which subdivisions shall other considerations pertinent thereto; but the compensation allowed to any be declared and the boundaries thereof fixed by the Director of the Censusj enumerator shall not be less than S3 nor more than SG per day of ton horu·s' to designate to the Director suitable persons, and, with the consent of saia actual field work each. Tho subdivisions to which the several rates of com­ Director, to appoint such persons as enumerators within his district, one or pensation shall apply shall be designated by the Director of the Census at more for each subdivision and resident therein; but in case it shall occur in least two weeks in advance of the enumeration. No claim for mileage or nny enumeration district that no person qualified to perform and willin~ to traveling expenses shall be allowed any enumer ator in either class of subdi­ undertake the duties of enumerator resides in that subdivision the supervisor visions, except in extreme cases, and then only when authority has been pre­ may appoint any flt person to be the enumerator of that subdivision; to com­ viously granted by the Director of the Census, and the decision of the Di­ municate to enumerators the necessary instructions and directions relating r ector as to the amount due any enumerator sball be final. to their duties; to examine and scrutinize the returns of the enumerators, SEO. 19. That the special agents appointed under the provisions of this act and in event of discrepancies or deficiencies appearing in the returns for his shall be restricted to fi eld work only, and they shall have equal authority district, to use all diligence in causing the same to be corrected and supplied; with the enumerators in r espect to the subjects committed to them, and to forward to the Director of the Census the completed returns for hlS dis­ shall receive compensation at rates to be fixecl by the Direl"tor of the Census: trict in such time and manner as shall be prescribed by the said Director, -Provided, That the same shall in no case exceed $6 per day a.nd actual neces­ and to make up and forward to the Director the accounts required for ascer­ sary traveling expenses and an allowance in lieu of subsistence not exceeding taining the amount of compensation due to each enumerator in his district $3 per day during their necessary absence from their usual place of residence. which accounts shall be duly sworn to by the enumerator, and the same shal1 SEO. 20. 'fhat no supervisor, supervisor's clerk, enumerator, interpreter, be certified as true and correct, if so found, by the supervisor, and said ac­ or special agent shall enter upon his duties until he has taken and subscribed counts so sworn to and certified shall be accepted by the said Director, and to an oath or affirmation to be prescribed by the Director of the Census ; and payment shall be made thereon by draft in favor of each enumerator. no supervisor, supervisor's clerk, enumerator, or special agent shall be ac- - The duties imposed upon the supervisor by this act shall be performed, in companied by or assisted in the performance of his duties by any per son not any and all particulars, m accordance with the instructions and directions of duly appointed as an officer or employee of the Census Office and to whom the Director of the Census: Provided, That if the supervisor of any district an oath or affirmation has not been duly administered. All supervisors has not been appointed and qualified on the ninetieth day preceding the date chief statisticians, chief clerk, disbursing clerk, geographer, expert chiefs of fixed for the commencement of the enumeration the Director of the Census division, stenographers, supervisors' clerks, appointees provided for in sec­ may appoint a special agent, who shall be a resident of the same district, to tion 6 of this act, interpreters, special agents, clerks in the Census Offi co, and perform the work of subdivision into enumeration districts: And provided, enumerators provided for in this act shall bo appointed or employed, and if That any supervisor who may abandon, neglect or improperly perform the du­ examined, so examined, as the case may be, solely with referonce to their ties r equired of him by this act may be removea1 by the Director of the Consus, fitness to perform the duties herein provided to be by such employee or ap­ and any vacancy thus cauRed or otherwise occurring during the progress of pointee performed, and without reference to their political _party affiliations. the enumeration may be filled by the Director of the Census. SEC. 21. 'fhat the enumeration of the population required by this act shall SEO. 13. That each supervisor of census shall, upon the completion of his commenco on the 1st day of June, 1900. and on the 1st day of June of the duties to the satisfact.ion of the Director of tho Census, r eceive the sum of year in which each succeeding enumeration shall be mado, and bo taken as $125, and in addition thereto, in thickly settled districts, $1 for each thousand of that date. And it shall be the duty of each enumerator to complete the or majoritr fraction of a thousand of the population enumerated in such dis­ enumeration of his district and to prepare the returns hereinb efore r equired trict, and m sparsely sottled diRtricts, Sl.40 for each thousand or majority to be made, and to forward the same to tho supervisor of cen sus of his dis­ fraction of a thousand of the population enumerated in such district, such trict, on or before the 1st day of July in such year: Provided, That in any city sums to be in full compensation for all services r ender ed and expenses in­ having 8,000 inhabitants or more under tho preceding census the enumeration curred by him, except that in serious emergencies arisin~ during the prog­ of the population shall be taken and completed within two w eeks from tho r ess of the enumeration in hie; district or in connection with the r eenumera­ 1st day of June as aforesaid. · tfon of any sut division he may, in the discretion of the Director of the SEO. 2"~. That if any per son shall reccivo or secure to himself any fee, re­ Census, be allowed actual and necessary traveling expen ses and an allowance ward, or compensation as a consideration for the appointmen t or employment in lieu of subsistence not exceeding $3 per day during his necessary absence of any per son as enumorator or clerk or other employeo, or shall in any way from bis usual place of r esidence, and that an appropriate allowance for r eceive or secure to himself any part of the compensation providfld in this act clerk hire may be made when deemed necessa"l'y by the Director of tho Cen­ for tho services of any enumerator or clerk or other employee, he shall bo sus: Provided, That in the aggregate no supervisor shall be paid less than the deemed guilty of a misdemeanor, and on conviction ther eof shall be fi ned not sum of Sl,000. The designation of the compensation per thousand, as pro­ more than $3,000, or be imprisoned not more than one year, or both, in the vided in this section, shall be made by the Director of the Census at least ono discretion of the court. month in advance of the date fi xed for the commencement of the enumeration. SEO. 23. That any supervisor, supervisor's clerk~ enumerator, interpreter, SEO. 14. That each enumerator shall be charged with the collection, in his or special agent, who, after having taken and suoscribed the oath of office subdivision, of facts and statistics required by the population schedule ,_ and r equired by this act, shall, without justifiable cau se, neglect or r efuse to per­ such other schedules as the Director of t'he Census may det ermine sha1l be form the duties enjoined on him by this act, or shall, without the authority used by him in connection with the census, as provided in section 9 of this of the Director of the Census, communicate to any person not authorized to act. It shall be the duty of each onumerator to visit personally each dwelling r eceive the same any information gained by him in the performanco of his house in his subdivision, and each family therein, and each individual living dutios, shall be deemed ~uilty of a misdomeanor, and upon conviction thereof out of a family in any place of abode, and by inquiry made of the h ead of shall be fined not exceoding $500; or if he shall willfully and knowingly swear each family, or of the member thereof deemed most credible and worthy of or affirm falsely he shall be deemed guilty of perjury, and upon conviction trust, or of such individual living out of a family, to obtain each and every thereof shall be imprisoned not exceeding throe years and be fined not exceed­ item of informat ion and all particulars r equired by this act as of date June 1st ing $800; or if he shall willfullr, and knowingly make a false certificate or a of the year in which tho enumeration shall be made. And in case no person fictitious return he shall be guilty of a misdemeanor, and upon conviction of shall be found at the usual place of abode of such family, or individual living either of the last-named offenses he shall be fined not exceeding $5,000 and bQ out of a family, competent to answer the inquiries made in compliance with imprisoned not exceeding two years. the r equirements of this act, then it shall be lawful for the enumerator to ob­ SEO. 24. That each and every person more than 20 years of age belong­ tain t he required information, as nearly as may be practicable, from the ing to any family residing in any enumeration district or subdivision, and family or families or person or persons living nearest to such place of abode; in case of the absence of the heads and other members of any such family, and it shall be the duty of each enumerator to forward the original sched­ then any representative of such family, shall be, and each of them hereby is, ules, duly certified, to the supervisor of census of his district as his returns required, if thereto requested by the Director, supervisor, or enumerator, to under the provisions of this act; an!J. in the eyent of discrepancies or deft- render a true account, to the best of his or her knowledge, of evei·y veriOD 1899. CONGRESSIONAL RECORD-HOUSE. 1509 belonging to snch family in the various· particulars required, and ~hoever mittee reporting this bill that much more efficient work can be shall willfully fail or refuse to render such true account shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceed· secured by a separate bureau, making the .Director of the Census ing $100. .And every president, treasurer, secretary, director, a&'ent or other responsible for the work. Now, in the clerical force of the Bureau officer of every cor_poration, and every establishment of productive industry, for the Eleventh Census there were.93 employees. We have pro­ whether conducted as a corporate body, limited liability company, 01: by pri­ vided for only 62. The annual expense for the Eleventh Census vate individuals, from which answers to any of the schedules provided for by this act are herein required, who shall, i! thereto requested by the Di­ for this clerical force aggregated $168,865, and in the bill as we r ector, supervisor, enumerator, or specia~ age.nh willfully pegl e ct or :refuse to provide it will not exceed $116,500, an annual saving there of give truo and complete answers to any mqmries authorized l>y this act, or over $40,000. shall willfullf give false information, shall be gu~ty of a. misdem~anor, and upon convict10n thereof shall be fined not excee_drng $10,000, to which may be In the preparation of the work we have provided for 300 super­ added imprisonment for a period not exceeding one year. visors, or at least that number can be used. I wm state to the SEO. 25. That all fines and penalties imposed by this act may be enforced members of the House thnt for the Tenth Census there were only by indictment or information in any court of competent jurisdiction. SEO. 26. That the Director of the Census may authorize the expenditure 150 supervisors and for the Eleventh 175. A great many members of necessary sums for the traveling expenses of the officers and employees expressed the wish that in the p1·eparation of the bill it could l>e of the Census Office and the incidental expenses essential to the carrying out so arranged that there would be a supervisor for each Congres­ of this act~ includili~ t~e r ental of suffimen.t quarters in the necessary; and to print, publish, and distribute from time to time tions. Now, I understand, to illustrate, that the State of Massa­ bulletms and reports of the preliminary and other r esults of the various in­ chusetts has a law by which only one supervisor is desired or vestigations required by this act. He is also authorized to bind, or to have required for this work. We leave it discretionary with the Di­ bound by contract, if expedient, such schedules of the Eleventh Census as he rector of the Census to determine how large or small each division may deem essential for preservation and necessary reference. SEO. 28. That in case the Director of the Census deems it expedient, he may shall be. contract for the use of. electrical or mecha~ical devices ~or tabulating pt~r­ I know that in large cities, like , New York, Philadel­ poses: Provided. That m such case due notice shall be given to the public, phia, and other places, the work of taking the census will be much and no system of tabulation shull ba adopted until after a practical test of its merits in competitio:t: with other systems which may be offered." more efficiently done under one supervisor than one for each Con­ SEO. 29. That the Director of the Census is hereby authorized, whenever gressional district. Three hundred supervisors will enable the ho may think proper, to call upon any other departments or office of the Director of the Census to conform these districts to the Congres­ Government for information pertinent to the work herein provided for. SEO. 30. That all mail matl:er, of wbutever class, relative to the census and sional districts wherever it shall be found practicable or de­ addressed to the Census Office, the Director of the Census, assistant director, sirable. chief clerk, supervisors, enumerators, or special airents, and inuorsed "Offi­ Another change that we have made, which I think will commend cial Business, Census Office," shall be transmittea free of postage, and by registered mail if necessary, !lnd so marked: Provided, That if any person itself to the Members of the House and ought to commend itself shall make use of such indorsement to avoid the payment of postage or r eg­ to the Senators and general public, is this: The supervisors are to istry fee on his or her private letter, package, or other matter in the mail, be named by the President of the United States. In the previous th~_p ~r son so offending shall be guilty of a misdemeanor and subject to a fine of s;AAJ, to be prosecuted in anv court or competent jurisdiction. . census bills these supervisors have been appointed by the Presi­ SEC. 31. That upon the request of the governor of any State.or Territory, dent and confirmed by the Senate. We recommend that the super­ or the chief officer of any municipal 1;rovernment, the Director of the Census visors be named by the President, on the recommendation of the shall furnish such governor or municipal officer with a copy of so much of Director of the Census. the po:imlation returns as will show tht:i names, with the age, sex, color or race, and birthplace only of all persons enumerated within the territory in the On examination of the question we find that they can be ap­ jurisdiction of such government upon payment of the actual cost of making pointed by the President without confirmation by the Senate, and such copies; and the amounts so received shall be covered into the Treasury it is especially desirable if the Director of the Census divides the of the United States, to be placed to the credit of, and in addition to, the ap­ propriations made for taking the census. supervisors' districts so as to conform as near as may be with the SEC. 82. That the Director of the Census shall provide the Census Office Congressional districts that the power of appointment rest with with a seal containing such device as he may select, and he shall file a de­ the President. scription of such seal with an impression thereof in the office of the Secretary of State. Such seal shall remain in the custody of the Director of the Census, Now, the enumerators are to be appointed by the supervisor, or and shall be affixed to all certificates and attestations that may be required recommended by him and appointed by the Director, and taken from the Census Office. from the locality in which they live. SEO. 33. That such records, books, and files as r elate to preceding censuses, and all prouerty of whatever nature used at the Eleventh Census, including These districts are divided into districts of population not to the :printing office outfit, as may be necessary in conducting the work of the exceed 4,000 inhabitants. My judgment is that these districts Census Office and can be spared from_present uses, shall be transferred to the will de divided into smaller population districts than this for the custody and control of the Census Office created by this act. '!'he furniture and property so transferred shall be inventoried by tho proper officers of the reason that the bill requires that the work of enumeration in cities Department of the Interior, and a copy of the inventorr filed and preserved of 8,000 and over shall be done in fifteen days from the date of the in the office of the Secretary of tho Interior and of the Director of the Census. commencement of the work, and in rural di~tricts in thirty days SEO. 34. 'rhat for the organization and equipment of the Census Office to perform the preparatory work necessary to carry out the provisions of this from the date of the commencement of the work. a.ct, the sum of Sl,UOU,000, to be available on the passage of this act, is hereby Gentlemen of the House can readily see that if the work is to be appropriated, out of any money in the •rreasury not otherwise appropriated, done in this limited time, that the enumeration districts should be and to continue available until exhausted. Of said appropriation such amount subui vided so that the enumerator can do his work accurately and as may be considered by the Director of the Census to be necessary for im­ mediate preliminary printing 'may be ex_pended under the direction of the well within the time limited. Public Printer. And the Director of the Census shall submittotheSecretary l\fr. HENDERSON. Can the gentleman give any estimate of of the Treasury, on or before October 1, 1899, further estimates for the work what the compensation of the enumerators will amount to on the he~~g. ~~¥g:~ ~~~ act entitled "An act to rovide f~r the takin ·of the basis of his subdivision? Eleventh and subsequent censuses," approve!March l, 1889, and all fawsand Mr. HOPKINS. From $125 to $175 each. parts of laws inconsistent with the provisions of this act are hereby repealed. Mr. SHAFROTH. I notice in the tenth section of th1s bill tllere Mr. JOHNSON of Indiana. Mr. Speaker, I demand a second on is a provision concerning the collection of data as to public in­ that bill. debtedness. Is there any objection to also inserting in that a pro­ The SPEAKER. A second is demanded by the gentleman from vision for the collection of data as to the private indebtedness and Indiana. mortgage indebtedness? It seems to me that those are valuable Mr. HOPKINS. Mr. Speaker, I ask unanimous consent that a statistics and ought to be known, and inasmuch as each individ­ second be considered as ordered. ual is to be seen in the taking of the census, it is only an addi­ The SPEAKER. The gentleman from Illinois asks unanimous tional question, which would involve no great additional ex:pen~c . consent that a second be considered as ordered. Is there objec­ I refer to line 6, page 8, of the bill. It would be simply enlarging a tion? f After a pause.] The Chair hears none. The gentleman little the scope of the inquiry. . from Illinois and the gentleman from Indiana will be recognized Mr. HOPKINS. I will say that that matter was considereu by to control the time. the committee, and the gentleman will see, as all other members :Mr. HOPKINS. Mr. Speaker, I do not desire to take but a few of the Houso will by examining the bill, that section 9 relates to minutes in speaking on the bill, which has been read, and mem­ five great divisions under which the w9rk is to be done; that is, bers who are interested in the matter, of course, have followed population, mortality, manufacturing and mechanical industries, that and are advised as to its general character. I will say, in and agricultural products. It was thought wise by the commit­ the main we have followed the precedents in the preparation of tee, in ·following the example of "the Senate, to limit the number bills for the taking of preceding censuses, but have made a num­ of subjects, so that the work that is done under the census bill c:tn ber of changes that we believe will add efficiency to the work and be given to the public within the time when the statistics will be lessen the expense as compared with the Tenth and Eleventh cen· of value. suses. The chief change that is made in this bill as compared Mr. DALZELL. I would like to ask the gentleman a question with the prececling census bills is tho fact that we provide in this right there. bill for a separate bureau. Mr. SHAFROTH. Please let me complete my inquiry. Under preceding bills of this character the work has been done Mr. HOPKINS. I will state further that in the Tenth Cer:sus, uncler the Department of the Interior. The experience in taking owing to the large number of subjects that were placed under the last census especially bas satisfied the members of the com- the direction of the Superintendent of the Census, it w~M> nine 1510 OONGRES&IOiNAL REOO-RD- llOHSE.- FEBRUARY 6;, years and four months before the last volume was published. The Mr. STEELE1 In taking the census heretofore, had the Director figures had become obsolete, and were of no value to statisticians unlimited authority, as. he will liave· under this bilI, to employ or scientific men in this country or abroad, when they were finally whatever labor or clerical force may be neoessary?· published. Mr. HOPKINS. fa prev::ious census bills the Director of the In the Eleventh Census it was attempted to restrict this in­ Census was given the same authority, so-far as the selection of his quiry, but it was found that it took eight years and four months force was.concerned, as is given. here. before the last volume was pubfished, and great complaint has Mr. STEELE. Under this bilI his authority is absolutely-un,. been made against the work because of this fact. We are told limited as to the number and cost. that in view of the enormous amount of work that was placed on Mr. HOPKINS. That must necessarily be the case. Sucl has the Superintendent of the Census through the investigation of been the provision in every bill th.at has ever been reported on this these various subjects, it was a physical impossibility to pr.ocure subject. the publication of these works at an earlier date. Mr. KEJ!.,LEY. Is it not true that w..hen.. the Ele.:venth Census :M:r.. SHAFROTH. Is it not a fact that in the Tenth. and was taken.. there was a greater public demand for statistics per­ Eleventh censuses that report concerning the amount of farm taining to farm indebtedness and.indebtedness in general than. for mortgages that existed was one of the earliest reports that was any other :figUl'es which were put out? published, and was published in less than one year from. the time Mr. HOPKINS. I do not agree that. such. was the fact. of taking the census? Mr. KELLEY. The gentleman stated· a moment ago, in reply Mr. HOPKINS. I will say to the gentleman from Colorado that to a remark o~ the gentleman from Colorado [Mr. SIIAFROTH], the farm mortgages is one of the subjects that has been severel·y that there· was such a demand for that portion of the statistics criticised by people generally and. by statisticians, and that great that they were first-put out. expense was incurred in the taking of it. In the last census that Mr .. HOPKINS. I did not say that they were first put out; tho subject alone cost the Government more than a million of doUars, gentleman from Colorado said that. and the work wus not satisfactory, not because of any lack of skill Mr. KELLEY. Yes; the gentleman from-Colorado said.so. But or ability in the Census Bureau, but on account of the subject the gentleman from Iillnois stated that those statistics·were put itself. out in response.to a great public demand. Now, it seems to me This is a matter that changes so rapidly that the. data when it is that statistics of this class, for wJiich .it is very apparent there fs obtained, and by the time it can be published.- is of no value. If and has been a great public dBmand, should not be omitted.. · the gentleman has followed the recording of mortgages in his own Mr. NOPKINS. A& l have already stated to members of the State, he can see how rapidly t.he condition changes, and that it House, the result of the collection of those statistics was so un­ will be impossible to give statistics upon that subject whfch will satisfactory, and the time taken in gatheri~g them and the expense be of any value. Therefore the committee thought, as the Senate connected therewith so great, that it has not been thought wise committee thought, that it would be unwise to include that in the to embody in this bill any provision for the collection of such. sta­ bill. tistics. Mr. DALZELL. Now, if the gentleman will allowme, if there Mr. KEJ... LEY. Is the.gent1eman. able to give us an estimate of was nothing else in the bill than what is contained in section 9,. I the time in which the statistics in general can. be put out with take it that no statistics w.ould be gathered as to mines and that portion eliminated? mining. Mr. HOPKINS. No; I can: not give t he time now. The only Mr. HOPKINS. There would not. trouble was that such a mass of infonmation· was required from l\Ir. DALZELL. I find in section 10 that thero is a provision the enumerators- that_ their returns_ were not accurate, and in made for mines and mining and minerals. Does not my colleague many cases had to be taken again. In connection with the Elev­ think the two sections are inconsistent? enth Census 250- questions were preparec1 in a schedule by the l\fr. HOPKINS. They are not. The five subdivisions, where it Director of the Census and placed in-the hands of the enumerai­ is important under the Constitution to obtain early information, tors, each of whom was obliged to collect in his locality the infor­ are embodied in section 9 of the bill. The gentleman will observe mation covered by those questions. In cities of 8,000 population the bill requires the Director of. the Census to procure- that infor­ and over he was r-equired to do this-work within fifteen days, and mation and publish it in due form within two years from the time in rural districts in thirty days. Under suoli circumstances when this information is taken by the enumerators. it will readily be seen that accurate and desirable inf011mation, Now, by getting it within that time this information will be of such as should be embodied in reports of this character, could not value to statisticians and scientific men the world over. be collected. In order to meet just the point suggested by the gentleman from Mr. KELLEY. Would the gentleman. agree to. an. amendment Pennsylvania [Mr. DALZELL], we have.embodied in the bill section covering statistics of this kind and· providing that they be gath~ 10, which provides for much more careful, accurate, and detailed ered in.. a proper manner? · information about a variety of subjects, including mines. and Mr. HOPKIN-S. I am sorry to say that I can not. This is a mining, than we have had heretofore. It was our purpose at first matter which has been carefully considered by the committee, to leave out any provision of that kind, because in. the Geological anc.1 after consultation with members outside and with Senators, Department of the Government a large amount of that informa.· we have agreed that provision for that class of st::>.tistics ought mation is obtained; but the Director of that Department, in a let­ not to be embodied in the bill. , ter to the committee, stated that it would" be important to embody Mr. SHAFR0TH. Is the gentleman· willing that an amend" such a provision in the bill and to procure that information after ment of that character be voted upon? the census proper, as provided for in section D, has been taken. Mr. HOPKINS. I have just said I am not. Mr. DALZELL. I find that in section. la, which relates to sta­ Mr. LACEY~ I wish to ask the. chairman of the· committee a tistics as to mines and mining and other important matters, the question as to the pa.rliamentairy status of this bill. I find that language is that" the Director of the Census is hereby authorized." the Senate has passed a census bill. This. bill in its present form Is it the intention of the committee to leave this matter to the is, of course, a House bill. The gentreman did not move to sus­ discretion of the Director of the Census? If not, why is not the pend the rules and strike out all a:fiter the enacting clause of the word '' directed" used, as in other cases? Senate bill and substitute for it the bill now pending before· the Mr. HOPKINS. The intention is to make the provision di­ House, but his motion. was to pass this as an independent House rectory, and I think it is so. bill. Now, will not, in that event, the situation be this: This Mr. DALZELL. Let me say to the gentleman that in my judg­ House will have passed a bill, H. R. 11815, and. tho Senate an­ ment there can be no satisfactory statistics covering the subject of other bill, to wit, Senate bill No. 4545, and there is no basis for a manufacturing and mechanical arts unless mining statistics be conference between the two Houses upon the differences in these given in connection with them, and as a necessary part of them. respective bills? Mr. HOPKINS. This subject was discussed not only by the Ought not the motion that he made be amended, or should. it Senate committee, but by the committee of the House. There not have been composed, in other words, in this form-to strike out was at first a division of sentiment as to whether statistics in re­ all after the enacting clause of the Senate bill and substitute the lation to mines and mining should be included in section 0, as House bill, so that the matter might then go into conference by suggested by the gentleman from Pennsylvania. We are getting the joint action of the two Houses? such statistics now from the Geological Department; and it was at Mr. HOPKINS. Either motion would have accomplished the first thought that to make such an addition to section 9 might purpose. But our hope is that the Senate will pass the House biH t end to delay the repor:t of the census on population, mortality, as we ha._ve reported it, and we have prepared it with a great deal of and these other matters which are of .prime importance. But care and consideration. We reported it, in fact, with that in view. under section 10 mines and mining will be as thoroughly inveRti­ Now, Mr. Speaker, I reserve the remainder of my time. gated and the statistics as accurately and elaborately prepared as The SPEAKER. The time of the gentleman from Illinois has they would be if the subject were included in section 9; but the expired. compilation of such statistics wilt be deferred until the· more im­ l\1rL JOHNSON of Indiana. Mr. Speaker, I will y.ield to my portant matters have been gathered and reported by the Director friend from Illinois some portion of the time allotted to me if he of the Census to the public. desires to consume furthe1L time in the discussion of this matter. 1899. CONGRESSIONAL RECORD-HOUSE. 1511

l\fr. Speaker, from what the gentleman from Illinois has stated Government ma-y get the services of those best equipped for the in unfolding this measure before the House fer its consi

Mr. FISCHER. Before that I want to know if the gentleman Mr. DOCKERY. Did the committee have before it any testi­ will consent, so far as he is concerned, to the adoption of an mony about the cost of hiring nurses-whether or not the salaries amendment, which I understand must be presented by unanimous fixed in this bill are reasonable compensation? consent now in order to find a place in the bill? l\fr. GRIFFIN . The committee had no expert testimony before Mr. GRIFFIN. I havonoobjection to the amendment I under­ it. It exercisecl its own judgment. It compared the salaries uaid stand the gentleman wishes to offer. in private life, and also took the recommendations of the Surgeon­ Mr. FISCHER. With that understanding, I will not insist upon General. a second. · Mr. WHEELER of Kentucky. Does the gentleman know of :Mr. STEELE. I demand a second on the bill. any instance where you can get a competent trained nurse for Mr. FISCHER. But I think it proper that the proposed amend­ $4.0 a month? Has the gentleman had any experience in that ment should be read to the House. direction? Mr. STEELE. I demand a second without any condition. Mr. GRIFFIN. I am sorry to say th::i.t I have had experience The SPEAKER. A second is demanded, and the Chair will ap­ in employing competent nurses, and my experience would more point tho gentleman from Wisconsin [ l\ir. GRIFFIN] and the gen­ than double that expense. tleman from Indiana [Mr. STEELE] as tellers. Mr. McCLELLAN. Twenty dollars a week is the usual charge Mr. STEELE. I have no objection to a second being considered in New York for trained nurses. - as ordered. Mr. ~RIFFIN. I will say, Mr. Speaker, that those who repre­ The SPEAKER. The Chair will submit the request. Is there sent this measure, those who framed it and asked Congress to objection to the suggestion that a second be considered as ordered? pass it, are in communication with the trained nurses of this l\1r. FISCHER. Now I will renew the request I made a few country, and it is their judgment that competent trained nurses moments ago under a.conditional arrangement with the gentleman who have graduated from a school giving two years' time to from Wisconsin. If it be granted, I will not insist upon a second. the proper education of nurses will be willing to serve for $40, The SPEAKER. The gentleman from New York.reserves his . and that a head nurse will serve for $50, and a chief nurse for $75 right to object to the second being ordered, and proposes the fol­ a month. lowing amendment, which the Clerk will read. Mr. WHEELER of Kentucky. I just want to say to the gen­ The Clerk read as follows: tleman that while, fortunately, I have not had the same experience Provided, however, That in time of war the Secretary of War mn;y avail that he has had in being compelled to hire trained nurses, I haye himself of the sen-ices of duly qualified si3ter3 of the Red Cross Soc1oty as been to some extent familiar with the matter by reason of my voluntary nurses. acquaintance with hospitals that have had traine

Mr. FOOTE. Does not this bill destroy that very feature of l\lr. GRIFFIN. I supposed that the idea advanced by the gen- the law by which volunteer nurses a.re employed? tleman from Georgia [Mr. LIVINGSTON] was known to every man l\Ir. GRIFFl'N. That is not my view of it. on the floor of this House. Mr. SULZER. I will say it is not. Mr. MORRIS. Will the gentleman from Wjsconsin allow me Mr. E'OOTE. I am in favor of thjs bill if that is so; but I do a question? not think we oug-ht to cut out· any volunteer nurses. Mr. GRIFFIN. Certainly. Mr. GRIFF.EN. If the gentleman from New York shallinsist .l)fr. MORRIS. Is it not a fact that there are already employed upon bjs amendment, and it is accepted, then parhaps there will in the Army about 600 nurses? be no quest10n about it. . Mr. GRIFFJJN . . There are between 500 and 000. Mr. MOODY. Will the gentleman allow me a question? Mr. MORRIS. Are thoy not under tbe control of the Surgeon- 1\fr. GRIFFIN. Certainly. Gonernl,. and a1:a not the rules and regulations governiug them l\Ir. l\fOODY. Is it proposed to maintain this cor-ps of nurses promulgated by him?· in time of peace as well as in time of war? Mr. GRIFFIN. That is the fact. l\Ir, GRIFFII~. It is, I will say to the gentleman. Mr. :MORRIS. And he can employ as many women nurses as Mr. MOODY. Now, I would like to ask-the further question. he needs?- Has this bill been submitted to- the .Medical Department of the l\Ir~ GRlFFIN. I think so. Army, and bas it received the approval of the department? Mr. MORRIS. And all you expect to do by this bill is to take Mr. GRIFFIN. The Surgeon-General approves the principle the appointmen~and the making of the rules and regulations out: of-trained nurses in the Army. of the hands of the Surgeon.-Generaland put it into the hands of Mr. MOODY. Does he.approve this bill? this board. Is not that about all? Mr. GRIFFIN. He ha& not appr.ov:ed this bill, and I clo not Mr. GRIFFIN. 'rhat is about all there is to it. think he would approve it, because he desires to have complete l\fr. MORRIS. One. more question. Is it not a fact that on control over the nurRes in the service of the Army. boards composeY. Will the gentleman allow me to ask him another members of that board were to exercise such control over the ap- question? pointment of nurses as to prove an inj.nry-to the service, certainly Mr. GRIFFIN. Certainly. . the four. officers of the War Department would be most sure to l\Ir. MOODY. Is that board to be subo1·dinate to any officer of attend the meetings and prevent any improper action in the con­ the Army, or is it an independent corps? Is it under the com- trol of tho women or the nursing service of the Army, and to re­ mand of any officer of the Army? consider ariy improper rule or regulation which may have been Mr. G'RIFFIN. This corps is under the rules and regulations made. which may be prescribed by the commission. ~fr. Speaker, if there are no further questions, I reserye the Mr. M00E>:Y. By these women commissioners? balance of my time, if I have any. Mr. GRIFFIN. No, sir; by the Secretary of War, by the Sur- Mr. FISCHER. I ybld to the gentleman from. Indiana [Mr. geon-General, by the Adjutant-General, by the Commander of the STEELE]. Army, four in number, and by three women. TheATmy has a mu.- Mr. STE~LE. Mr. Speaker, my opposition to this bill is, first, jorityofthatcommission. andcancontrolthe rules and regulations because. it takes from the Surgeon-General duties belonging to that may be adopted. The superintendent, in the first instance, him under the present law-duties which he has faithfully admin­ being more familiar with· the manne-v of nursjng and what is es- istered in the employment of nurses to the number at one time of sential for the proper control of that se1·vice, prepares the rules about 1,200, about GOO being now employed, and at wages higher and regulations, but before they have any force they must be ap- than those proposed in this bill. You can not hire trained nurses proved by this commission. Hence, I say, Mr. Speaker, that the for any such wages as this bill contemplates. enti.Te control of this service is in the War Department. One of the worst troubles about the bill is t·hat it is brought up Mr. DRIGGS. Does ·not this bill provido only for trained here under a motion to suspend the rules, with no opportunity tG nurses, and not for voluntee.r nurses at all, under section 8, amend it. Has the Surgeon-General been derelict in the discharge which says that ';all acts-and parts of acts inconsistent with this of his duty? Should he be" called down" any more than the head act shall be repealed?" of any other. department? ' l\1r. GRIFFlN. It is true- that the bill does not in terms pro- Has he been in any respect faithless to his trust? Certajn.ly not. vide for any volunteer nurses. The amendment proposed by the Yet you come here and say in this bill that two other officers and gentleman's colleague from New York, which is not objection- three women. sha-11 say what persons the Surgeon-General shall able, will provide for it. Now, in reply to the gentlemen who employ as nurses in the Army. And you give no opportunity to desire to know if this system is to be in vogue in time of peace, I amend the bill in that respect. In addition to that, you provide say, ves. It is absolutely necessary, if you wish to perfect an ef- that these nurses shall be paid so small a compensation as will fective system of this kind, to obtain in time of war, that they make it impossible for you to hire the class of nurses that woul

in time of war. We want them in time of peace to nurse the sick Otey, Robb, Southwick, Tate, in the army hospitals. We want them in time of war to care for Pierce, Tenn. Hobinson, Ind. Sparkman, Tongue, Pugh, Settle, Stallini;;s, Upde~ra.ff, the ill in the camps and to minister to the wounded and the Reeves, Shattuc, Steele, Vandiver, stricken carried from the field of battle. Their work is a work of Rhea, Shuford, Stevens. l\!inn. Warner, their own-it can not be done by others. H'.chardson, Simpson. Strowd,·N. C. Williams, Pa. l\1y friends, a v-.ord more, and I am done. I notice my time is E.ixoy, Smith, Ky. Talbert, Yost. exhausted, and I will not detain the House. ANSWERED "PRESENT"-7. To-day the patriotic women of America plead for this bill; to- Broderick, De Vrioes, Hamilton, Sims. . day the brave soldiers of the Union ask for it and demand it; and Bromwell, Gaines, Norton, S. C. in their name, in the name of justico to humanity and our own NOT VOTING-13G. civilization, and, above an and beyond all, in the name of the Acheson, Cooney, Jones, Wash. Pearce, l\Io. Adams, Cranford, Joy, Pearson, loyal, the self-sacrificing, and the heroic women nurses who re­ Adamson, Cumming~, Kelley, Robbins, cently went to the front, I pray you, I appeal to you, to pass this Arnold, Davenport., King, Royse, bill ere this House adjourn to-day. [Loud applause.] Babcock, Davey, Kitchin, Sauerhcring, Bailey, Davis, Kulp, Shannon, [Here the hammer fe11.] Baird. Davieon, Ky. Lamb, Shelden, M:r:. FISCHER. I yield one minute to the gentleman from Min­ Banklioad, Dayton, Lanham, Sherman, nesota fl\fr. MORRIS]. Barber. Dorr, Latimer, Skinner. Banett. F enton, Little, Smith, I!l. Mr. MORRIS. Mr. Si:eaker, I want to E•R.y, in reply to the re­ Bartholdt, Fitz1mtrick, Lorimer. Snover, marks of the gentleman from New York [Mr. SULZER], that no Beach, Flem'. ng, Loudenslager, Souths.rd, man has any more regard for the women nurees than I have, but Belden, Fletcher. Lovering, · Spalding, Belford, Fowler, N. J. Lybrand, Stokes, he must be mistaken in what he has said about the position of the Benner, Pa. Fox, l\IcAleer, Strode, Nebr. Surgeon-General. _I know of my own knowledge that one lady Bennett, Gillet, N. Y. McCall, Swanson, was appointed from my own district, upon my own recommen­ Benton, Gillett, Mass. l\IcCormick, '.rayler, Ohio dation, to be nurse, and died in the service in the late war. Booze. Griggs, McDonald, 'l'erry, a Botkin, Gunn, McDowell, Todu, l\fr. LANDIS. I should like to ask the gentleman a question. Boutell, Ill. Harmel", McEwan, Underwoou, l\Ir. MORRIS. I will yield to the gentleman. Boutelle, Me. Hartman, 1\faha.ny, Vn.n Voorhis. Mr. LANDIS. Did not the Surgeon-General, in his testimony Bradley, Hay, Mahon, Vehslage, Brewer, Heatwole, Mann, Wadsworth. before the war investigating committee, slur women nurses? Brewster. Hemenway, :Marshall, Walker. Va. l\1r. MORRIS. I do not know anything about that. Broussard, Henry, Conn. Martin, Wanger, Mr. LANDIS. He did. Brownlow Ricks, · Mercer, Ward, Bull, Hilborn, 1\Ieyer, La. Wen.Yer, Mr. STEELE. If he has done that, he ought to be turned out. Campbell, Hinrichsen, :Moon. Wheeler. Ala. Mr. CANNON. If there be a bad Surgeon-General, he can be Capron, Howard, Ala. Nortr,n, Ohio White, Ill. remedied. Chickering, Hurlc:iy, Odell, Wll i~e. N. C. Clark, Iowa .Tenkins, Ogden, \Vilber, Mr. LANDIS. I want to say that I am in favor of a new Sur­ Clark, Mo. Jett, Olmsted, Wilson. geon-General, if this bill or a similar bill is not to pass. . Colson. Johnson, Ind Osborne, \.\'ise, Mr. HENDERSON. Mr. Speaker , I rise to a parliamentary in­ Connell, Jones, Va. Overstreet, Young. quiry. Is not the time for debate on this bill exhausted? So (two-thirds not voting in the affirmative) the motion to sus­ The SPEAKER. ThegentlemanfromNewYork [Mr. FISCHER] pend the rules and pass the bill was lost. has ten minutes. Mr. BAILEY. I did not know that the second roll call had been l\Ir. FISCHER. I have no desire to occupy that time. made. The SPEAKER. The question is on suspending the rnles and The SPEAKER pro tempore (Mr. CURTIS of Kansas) . The roll passing the bill. was ca1led a second time. The question being taken, Mr. GRIFFIN demanded a division. Mr. BAILEY. I heard my name on the first, and intended to The House divided; and there were-ayes 100, noes 61. vote on the second call. I presume I am not within the rule. The SPEAKER. Two-thirds not having voted in the affirma- The SPEAKER pro tempore. The gentleman is not within the tive-- rule. :Mr. GRIFFIN. Mr. Speaker, I call for the yeas and nays. The following pairs were announced: The yeas and nays were ordered. Until further notice: The question was taken; and there were-yeas 124, nays 84, an­ Mr. BELDEN with Mr. JETT. swered "present" 7, not voting 136; as follows: Mr. WISE with Mr. NOH.TON of-. YEAS-124. Mr. VAN VOORHIS with Mr. McDOWELL. Allen, Dolliver, Lawrence, Ray, Mr. SOUTIIARD with Mr. OSBORNE. Baker, Ill. Dovener, Lentz, Ridgely, l\fr. BROWNLOW with Mr. DAVIS. Baker, Md. Eddy, L ewis, Ga. Robertson, L:i.. l'dr. BARRETT with Mr. CRANFORD. nail, Evans, Lewis, Wash. Russell, Barham, .Faris, Linney, Hhafrotb, l\fr. ADAMS with Mr. BERRY. . Barney, Fitzgorald, Livingston, Showalter, Mr. COXNELL with Mr. UNDERWOOD. Barrows, Foote, Low, Slayden, Mr. vVARD with Mr. LATIMER. Belknap, Foss, McCleary, Smith,S. W . Bell, . Gibson, McClellan, - Smith, Wm. Alden Mr. WEAVER with Mr. 1,IARSIIALL, Derry, Graff, Me;Culloch, Sp~rry, Mr. BARTHOLDT with Mr. OGDEN. Bishop, Graham, l\lciutire, Spight, 1\fr. DANFORD with Mr. FITZPATRICK. Brosius, Greene, :Mass. l\fcLain, Sprague, , Brown, Greene, Nebr. Marsh, Stark, l\Ir. PE,\.RSON with Mr. DAVEY. Brucker, Griffin, Maxwell, Stephens, Tex. Mr. BARRETT with Mr. Fox. Brumm, Griffith, Jlrleekison, Stewart, N. J. Mr. ODELL with :M:r. Knm. Burke, Grout, Mesick, Stewart, Wis. Burleigh, Grow, --1\fiers. Ind. Stone, l\Ir. w ANGER with Mr. ADAMSON. Butler, Hawley, Miller, Strait, Mr. L ORIMER with Mr. SWANSON. Catehinf;S, Henry, Miss. l\Iills. Sturtevant, I\fr. CIIICKERIXG with Mr. PIERCE of Tennessee. Clardy, Hepburn, Minor, Sulloway, Cochran, Mo. Hitt, l\Iitcholl. Sulzer. :M:r. LITTAUER with Mr. NORTO~ of Ohio. Codding, Ho-pkins, New lands, Sutherland, 1\Ir. 1\lcEWAN with Mr. VEIISLAGE. Cooper, Tex. Howe, Otjen, Tawney, For this day: Cooper, ·wis. Hull, Packer, Pa. Taylor, Ala. Mr. HARMER with Mr. TODD. Cousins, Johnson, N. Dak. Parker, N. J ·.r~orp, Crump, Kerr, Payne, Vincent, Mr. ACHESON with Mr. STOKES. Curtis, Iowa Ketcham, Perkins, Walker, l\Iass. Mr. BRODERICK with Mr. LANHAM. Curtis, Kans. Knowle.3, Peters, Weymouth, l\1r. LOUDENSLAGER with l\Ir. TERRY. Danford, Knox, Powers, Wheeler, Ky. Davidson, Wis. Lacey, Prince, Williams, Miss. Mr. JENKINS with DE VRIES. Dick, Landis, Quigg, Zenor. Mr. Joy with Mr. LITTLE. NAYS-e-i. Mr. YOUNG with Mr. CLARK of Missouri. Alclrich, Clarke, N. H. Elliott, Howell, l\Ir. SHELDEN with Mr. BAILEY. .Alexander, Clayton, 'Ellis, Hunter, l\ir. BOOZE with Mr. WILSON. Harlow, Cochrane, N. Y. E rmentrout, Kirkpatrick, · Bartlett, Connolly, Fischer, Kleberg, Mr. CHICKERING with Mr. DE GRAFFENREU>. Hingham, Corliss. Fowler, N. €. Lester, Mr. DAYTON with Mr. BENTON. Bland, Cowherd, Gardner, Littau er, Mr. DORR with Mr. KITCHIN. Bodine, Cox, Grosvenor, Lloyd, Brantley, Crumpacker, Hager, Loud, Mr . EDDY with Mr. BRALLEY. Bronner, Ohlo Dalzell, Handy, McRae, 1\Ir. WADSWORTH with Mr. HAY. Brundidge, Do Armond, Ilenderson, Maddox, Mr. WHITE of Illinois with Mr. JONES of Washington. Burton, De Graffenreid, Henry, Ind. Maguire,· lifr. GILLETT of Massachusetts with Mr. BREWER. Cannon. Dimimore, HHi~llnry , Tex. Moody, Carruack, Dockery, Morris, Mr. HAMILTON with Mr. COONEY. Castb, Driggs, Howard, Ga. Mudd, Mr. BOUTELL of Illinois with Mr. GRIGGS. 1518 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

Mr. BEl-."'NETT with Mr. GAINES. SEC. 5. That it shall be the duty of the commissioners named in the pre­ ceding section, under the direction of the Secretary of 'V-a1', to restore the Mr. HEATWOLE with Mr. CUi\Ili.mrns. forts and the lines of fortification, the parallels and the approaches of the two Mr. LYDRA.ND with Mr. ELLIOTT. armies, or so much thereof as may be necessary to the purposes of this parkj l\ir. McCALL with Mr. H1~m1CHSRN. to open and construct and to repair such roads as may bo necessary t9 saiu purposes, and to ascertain and mark with historical tablets, or otherwise, as Mr. l\lERCER with Mr. Jmrns of Virginia. the Secretary of War may determine, the lines of battle of the troops engagctl Mr. BULL with :rrir. BA!'IKHEAD. in the assaults, and the lines held by the troops during the siege and defense Mr. SHER:i.IA.J.- with l\ir. UKDERWOOD. of Vicksburg, the headguartcrs of General Grnnt and of General Pemberton, Mr. GAINES. I am pnired with the gentleman from New York and other historical pomts of interest pertaining to the siege and defense of Vicksburg within the park or its vicinity; and the said commissioners in es­ [l\::Ir. BE.'XETT], and therefore withdraw my negative vote and tablishing this military park shall also have authority, under the direction of wish to be recorded a.s "present." the Secretary of War, to do all things necessary to the purposes of tho park, The result of the vote was then announced as above recorded. and for its establishment under such regulations as he may consider best for the interest of the Government, and the Secretary of War shall make and N.A.TIOJ. AL 1U1LITART PARK :KEAR YICKSElJilG. enforce r.ll needful regulations for tho care of the park. SEC. 6. 'l'hat it shall be lawful for any State that had troops engaged in the Mr. HULL. !;1r. Speaker, Imo-rn to suspend the rules and pass siege and defense of Vicksburg to enter upon tJ?,e_lands of the ~icksburg. na­ the following bill with the amenclments recommended by the tional military park for the purpos~ of nsce:i;tammg and marking the l~nes cvmmittee. of battle of its troops engaged. therem: i~ , ot•ided, That before any such lmea ar<:1 permanently designated the po::;ition of the lines :mil the proposed The SPEA...ltER. The gentleman from Iowa, chairman of the methods of marking them by monuments, tablets, or otherwise.shall be.sub­ Committee on Military Affairs, moves that tho rules be suspended mitted to and approved by the Secretary of War, and all such lmes, designs, and the following bill be passed. and inscriptions for the same shall first r eceive the written approval of tho Secretarr of \Var, which approval shall be based upon formal written re­ The Clerk read as follows: ports which must bo made to him in each case by the commissioners of the A bill (H. R. 4382) to cstablfah a national military park to commemorate parks· and no monument, tablet, or other designating indication sha.11 bo the campn.ign, siege, and defense of Vicksbur;;. orectCd or placed withjn said park or vicinity without such written authority of the Secretary of War: Provided, Th:it no discrimination shall be made l\ir. HULL. I\fr. Speaker, I ask unanimous consent that the against any State as to the manner of designn.ting lines, but a.ny grant made reading of the bill be dispensed with. to any State by the Secretary of War may bo used by any other l:itate. The Mr. BAILEY. How long a bill is this? provisions of this section sha.11 also a;pply to organizatioru: and. persons; and as the Vicksburg National Cemetery is on ground partlyoccuprnd by Federal Mr. HCTLL. Four or five pages. lines during the siege of Vicksburg, the provisions of this sec.tion, !1S far as The SPEAKER. Nine pages. may be practicable, shall apply to monuments or tablets dos1gnatmg such 1\fr. BAILEY. I suppose there is going to be no opposition. I lines within the limits of that cemetery. think it is a bad practice to pass bills without being read. It will SEC. 7. Tb.at if any person shall, except by permission of the Secretary of War, destroy, ~utilate, defacebinjure, or remove any monument, column, not take long to road the bill. and I understand that is all there statue, memorml structure, ta let, or work of art that shall be erected or will be about it. placed upon the grounds of the park by lawful authority, or sllall destroy or Mr. HULL. Very well; I withdraw the requei:,t. remove any fence, railing, inclosure, or other work for tho protection or 01·na­ men t of said park, or any portion thereof1or shall destroy ,cut, hack, bark, br~ak The Clerk ren.d the bill, as follows: down, or otherwise injure any tree, busn, 01· shrubbery th~t may bo growi~g A bill (H. H.. 4:>8!!) to establish a national military park to commemorate the upon said park or shall cut down or fell or remove any timber, battle relic, campaign, siege, and defense of Vicksburg. tree, or trees gi!owing or being upon said park, or hunt within tho limits of the park, or shall remove or destroy any breastworks, earthworks, walls, or B e it enacted, etc., That in order to commemorato the campaign and siege other defenses or shelter on any part thereof constructed uy the armies for­ and defense of Vicksburg, and to proserye the history of the battles and op­ merly engaged in the battles, on the lands or approaches t? the park, any erations of the siege and defense on ~ho groun~ whero they were.fo~g~t ~n.d person so offending and found guilty thereof, before an:y- Um~ed States com­ were rerried on the battlefield of Vicksburg, m the Stato of l\!issis~ippi, is missionur or court, justice of the peace of the county m which the offense here by declared' to be a national mi.li tary park when eyer the .tit~e t? tp.e same may be committed, or any court of competent jurisdiction, shall for each and shall have been acquired by the Umted States and the usual J urisd~ctlon over every such offense forfeit and pay a fine in tho discretion of the snid commis­ the lands and roads of the same shall have been granted to the Umted States sioner or court of the United States or justice of the peacel according to the by the State of Mississippi; that is to say, the area inclosed by the following o.gg-ravation of tho offense, of not less than five nor more han five hundred lines, or so much thereof as the commissioners of the park may deem neces· dollars, one· half for the use of the park and the other half to the ~~ormant, sary, to wit: Beginning near the point where the graV"eyard road, now known to be onforcod and recovered before such United 8tates comminsioner or as the City Cemetery road, crosses the line of the Confederate earthworks, court or justice of the peace or other court in like manner as debts of like thence north about 80 rods, thence in an easterly direction about 120 rods, nature are now by law recoverable in the several counties where the offense thence in a southerly direction, and keeping as far from the line of the Uon­ 0 federate earthworks as the purposes of tbe park may require and as the park ma.SE~ s~ ~it{~~nable the Secretary of War to begin to carry out the pur­ commission to be herein:::.fter named, may determine, but not distant from pose of this act, including the condemnation or purchaso of the necessary the nearest' point on said line of Confederate earthworks m01·e than 160 land marking the boundaries of the park, openmg or repairing necessary rods at any part, to a point about 40 rods south and from 80 ter below the cit.Y of .Vicksburg; and also in thircls having voted in the affirmative, the rules were suspended addition thereto a strip of land about 2M feet m width, as near .as may b~, along aner re­ tary of War may prescribe, and that they will o. s~1s t. in carmg for and pro­ tecting nll tablets, monuments, or such C?thcr :utificinl works as may from main 'a fund for tbo use of the 'l'uskegee Normal and Industrial Institute. time to time be erected by proper authonty. . The SPEAKER. Is a second demanded? SEC. 4. That the affairs of tlie Vicksburg national military park f?hall, sub­ Is ject to the supervision and direction of the Secretary of War, bo m charge Mr. DOCKERY. this bill unanimously reportec1 by the com- of three commissioners, to be appointed by the Secretary of War, each of mittee? · whom shall have servea at the ti.me of tbe siege and ); which said bill and report were referred to bill of the House (H. R. 407G) for enlarging the public ·building the Committee of the Whole House on the state of the Union. at Topeka, Kans., reported the same with amendment, aocom­ Mr. l\IERCER. from the Committee on Public Buildings and panied by a report (No. 1944); which said bill and' report were re~ Grounds, to which was referred the bill of the Rouse (H. R. lOl)Gl)) ferred to the Committee of tho Whole House on the state of the for the erection of a public building in the ~ity of Blair, Nebr., Union_ reported the same with amendment, accompanied by a report He also, from the same committee, to which was referred the (No. 1!>30); which said bill and report were referred to the Com­ bill of the Senate (S. 926) to provide for the erection of a public mittee of the Whole House on the state of the Union. building at Beaumont, Tex:. , reported the same with amendment, .M:r. HICKS, from the Commftteo on Public Buildings and accompanied by a report (No. 1945) ; which said bill and report Grounds, to which was referred the bill of the Senate (S. 1273) for were referred to the Committee of tho Whole House on the state a public building at the city of Altoona, Pa.., and appropriating of the Union. money therefor, reported the same with amendment, accompanied He also, from the same committee, to which was referred the by a report (No. r9i31); which said bill and report were referred to bill of the House (H. R. 484) providing for the erection of an ad­ the Committee of the Whole House on the state of the Union. dition to the United States custom-house and post-office building

Mr. SKINNER, from the Committee on Public Buildings and in the city of Dubuque, lowa1 reported the same with amenu­ Grounds, to which. was referred the bill of the House (H. R. 1088) ment, accompanied by a report (No. 1946); which said bill and to provide for the erection of a public building at Elizabeth City, report were referred to the Committee of. the Whole House on the N . C., repo:rted the same with amendment, accompanied by a re­ state of the Union. port (No. 1932); 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 House (H. R. G) to increase the Hmit of cost for the pur· Mr. HILBORN, from the Committee on Public Buildings and chase of site and the erection of a public building at Omaha, Grounds, to which was referred. the bill of the Senate (S. 706) to Nebr., reported the same with am 11dment, accompanied by a re­ provide for the purchase of a site for and the erection of a public port (No. 1947); which said bill and report were referred to the building at Oakland, in the State of California, reported the same Committee of the Whole ffouse on tho state of the Union. wit1i amendment, accompanied. by a report (No. 1933); which said He also, from_ the same committee, to which was referred the bill and report were referred to the Committee of the Whole bill- of the Sena,te (S. 1271) for. a public building at the city of Hourn on the state of the Union. Wilkes barre, Pa.., and appropriating money therefor, reported the Mr. GILLET of New York, from the Committee on Public same with amendment ~ accompanied' by a report (No. 1!)48); which Buildings and Grounds, to which was i·eferred the bill of the said bill and report were referred to tho Committee of the Whole House (H. R. 11861) for the erection of .a public building at El­ House on the state of the Union. mira., N . Y., reported the same without amendment, accompanied He also, from the same committee, to which was referred the by a report (No. Hl34) ; which said bill and report were refened to bill of the House (H. R. 5i:i36) appropriating money for an annex the Committee of the Whole House on the state of the Union. to the Federal building at Jackson, .Miss., repor-ted-the same with l\.fr. LITTLE, from the Committee on Public Buildings and amendment, accompanied by a report (No. 194!>); which mid bill Grounds, to which was referred the bill of the House (H. R.1139) and report were referred to the Committee of the Whole House on to provide for a building for the use of the post-office, office of the the state of the Union. superintendent of the Hot Springs Reservation, and other civil He also, from the same committee, to which was referred the offices in the city of Hot Springs, Ark., reported the same with bill of the House (H. R. 4306) for tho erection of a pul.Jlic building amendment, accompanied by a report (No. 1935); which said bill in tho city of Elgin, Ill,, reported the same with amendment, ac­ and report were referred to the Committee of the Whole House companied by a report (No. 1950) ; which said bill and report were on. the state of the Union. referred to the Committee of the Whole House on the state of the Mr. WEYMOUTH, from the Committee on Public Buildinr:rs Union. and Grounds, to which was referred the bill of the House (H. R. He also, from the same committee, to which was referred the 521) for the erection of a pubJic building at Fitchburg, Mass., re­ bill of the House (H. R. 11056) authorizing and directing the con­ ported the same with amendment, accompanied by a report (No. s truction of an addition to the United States post-office in the city 1936); which said bill and-report were referred to the Committee of Minneapolis, .Minn., reported the same with amendment, ac­ of the Whole House on the state of the Union. companied by a report (No. 1951); which said bill and report were Mr. HOWELL,. from the Committee on Public Buildings and referred to the Committee of the Whole House on the state of the Grounds, to which was referred the bill of the House (H. R . 11883) Union. 1520 CONG RESSION.AL REOORD-l:IOUSE. FEBRUARY 6,

He also, from the same committee, to which was referred the bill of the House (H. R. 11686) providing for the purchase of ad­ bill of the Senate (S. 1G4) to provide for the construction of a ditional property for the use of the post-office and other Govern­ public building at Butte City, Mont., reported the same with ment offices in the city of Brooklyn, State of New York, reported amendment, accompanied by a re~ort (No. 1952); which said bill the same with an amendment, accompanied by a report (No. 1966); and report were referred to the Committee of the Whole House which said bill and report were referred to the Committee of the on the state of the Union. Whole House on the state of the Union. He also, from the same committee, to which was referred the bill He also, from the same committee, to which was referred the of the House (H. R. 11360) for the erection of a public building at bill of the House (H. R. 2129) to provide for the erection of a public Creston, Iowa, reported the same with amendment, accompanied building at Kansas City, Kans., reported the same with an amend­ by a report (No. 1053); which-sn.id bill and report were referred ment, accompanied by a report (No. 1967); which said bill and to the Committee of the Whole ·House on the state of the Union. report were referred to the Committee of the Whole House on He also, from the same committee, to which was referred the the state of the Union. bill of the House (H. R. 111'11) for the erection of a public build­ He also, from the same committee, to which was referred the ing at Annapolis, :Md .. reported tho same with amendment, accom­ bill of the Senate (S. 710) to provide for the purchase of additional panied by a report ·(No. 1954); which said bill and report· were land in square now occupied by the custom-house in the city of referred to the Committee of the Whole House on the state of the · Baltimore, Md., and for the erection of a new public buildin~ Union. thereon for the accommodation of the Government service in said He also, from tp.e same committee, to which was referred .the oity, reported the same with an amendment, accompanied by a re­ bill of the Senate (S. 1896) to provide for the purchase of a site port (No. 1968); which said bill and report were referred to the and for the erection of a public building thereon at Salt Lake City, Committee of the Whole House on the state of the Union. the capital of the State of Utah, reported the same with amend­ He also, from the same committee, to which was referred the ment, accompanied by a report (No. 1955); which said bill and bill of the House (H. R. 11965) to provide for the purchase of a report were referred to the Committee of the Whole House on the site and the erection of a public building thereon at Clinton, in state of the Union. the State of Iowa, reported the same with an amendment, accom­ He also, from the same committee, to which was referred the panied by a report (No. 1969); which said bill and report were re­ bill of the House (H. R. 11162) to provide for the construction of ferred to the Committee of the Whole House on the state of the a public building at the city of Janesville, Wis., reported the Union. . same with amendment, accompanied by a report (No. 1956); He also, from the same committee, to which was referred ..the which said bill and report were referred to the Committee of tho bill of the House (H. R. 1663) for the erection of a public builuing Whole House on the state of the Union. at Carrollton, Ky., reported tho same with an amendment, accom­ He also, from the same committee, to which was referred the panied by a report (No. 1970); which said bill and repo1·t were re­ bill of the House (H. R. 11728) to remove the fire limit from the ferred to the Committee of tho Whole House on the state of the post-office at Bridgeport, Conn., reported the same without amend­ Union. ment, accompanied by a report (No. 1957); which said bill and Mr. BANKHEAD, from the Committee on Public Buildings report were referred to the Committee of the Whole House on the and Grounds, to which was referred the bill of the House (H. R . state of the Union. 10804) for the erection of a public building at Anniston, Ala., re­ He also, from the same committee, to which was referred the bill ported the same with amendment, accompanied by a report (No. of the House (H. R. 2) to provide for the erection of a public build­ 1983); which said bill and report were referred to the Committee ing at Indianapolis, Ind., reported the same with amendment, ac­ of the Whole House on the state of the Union. companied by a report (No. 1958); which said bill and report Mr. MERCER, from the Committee on Public Buildinrrs and were referred to the Committee of the 'Whole House on the state Grounds, to which was referred the bill of the House (H. R. 524) of the Union. to erect a public .building at Lawrence, Mass., reported the same He also, from the same committee, to which was referred the bill with amendment, accompanied by a report (No. 1984); which said of the Senate (S. 146) to provide for the erection of a public build­ bill and report were referred to the Committee of the Whole ing at Indianapolis, Ind., reported the same with amendment, ac­ House on the state of the Union. companied by a report (No. 1959); which said bill and report He also, from the same committee, to which was referred the were referred to the Committee of the Whole House on the state bill of the House (H. R. 2314) to erect a custom-house and post­ of the Union. office building in the city of Bristol, State of Tennessee, reported He also, from the same committee, to which was referred the the same with amendment, accompanied by a report (No. 1985); bill of the Senate (S. 346) providing for the erection of a public which said bill and report were referred to the Committee of the building at the city of Seattle, in the State of Washington, re­ Whole House on the state of the Union. ported the same with an amendment, accompanied by a report He also, from the same committee, to which was referred the (No. 1960); which said bill and report were referred to the Com­ bill of the House (H. R . 11769) to provide for the purchase of mittee of the Whole House on the state of the Union. square 255, in Washington, D. C., reported the same without He also, from the same committee, to which was referred the amendment, accompanied by a report (No. 198G); which said bill bill of the House (H. R. 75) providing for the erection of an addi­ and i·eport were referred to the Committee of the Whole House on tion to the United States public building at Canton, Ohio, reported the state of the Union. the same without amendment, accompanied by a report (No. 1961); He also, from the same committee, to which was referred the which said bill and report were refelTed to the Committee of the bill of the House (H. R. 11882) to increase the limit of the cost for Whole House on the state of the Union. the erection of a public building in Stockton, Cal., and making He also, from the same committee, to which was referred the provision for"the acquisition of additional land or a new site there­ bill of the Houso (H. R . 11530) authorizing the extension of the for, reported the same without amendment, accompanied by a re­ post-office building at Springfield, Mass., reported. the same with­ port (No. 1987); which said bill and report were referred to the out amendment, accompanied by a report (No. 1962); which said Committee of the Whole House on the state of the Union. bill and report were referred to the Committee of the Whole House He also, from the same committee, to which was referred the on the state of the Union. bill of the House (H. R . 414) for the erection of a public building He also, from the same committee, to which was referred the at Tampa, Fla., reported the same with amendment, accompanied bill of the Senate (S. 88) to provide fo1· the purchase of sitee for by a report (No. 1988); which said bill and report were i·eferred public buildings in the cities of Hastings and Norfolk, in the State to the Committee of the Whole House on the state of the Union. of Nebraska, and for other purposes, reported the same with Ho also, from the same committee, to which was referred the amendments, accompanied by a r.eport (N o.1963); which said bill bill of the House ( H. R. 4595) for the erection of a public building and report were referred to the Committee of the Whole House at Norwich, Conn., reported the samo "\Vith amendment, accom­ on the state of the Union. panied by a report (No. 1989); which said bill and report were He also, from the same committee, to which was referred the referred to the Committee of the Whole House on the state of the bill of the House (H. R. 0077) to supplement and amend an act Union. entitled ''An act for the erection of a new custom-house in the He also, from the same committee, to which was referred the city of New York, and for other purposes," approved March 3, bill of the Senate (S. 100) for the erection of a public building at 1891, reported the same with an amendment, accompanied by a Aberdeen, S. Dak., reported the same with amendment, accom­ report cNo. 1964); which said bill and report were referred to the panied by a report (No. 1990); which said bill and report were Comlllittee of the Whole House on the state of the Union. referred to the Committee of the Whole House on the state of the H~ also, from the same committee, to which was referred the Union. biH of the Senate (S. 2048) for the erection of a public building at He also, from the same committee, to which was referred the Fergu.s Falls, Minn., reported the same with an amendment, ac­ bill of the House (H. R. 2056) for the erection of a public building companied bya report (No.1965); which said bill and report were at Menominee, Mich., reported the same with amendment, accom­ referred to the Committee of the Whole House on the state of the panied by a report (No. 1991); which said bill and report wer& re­ Union. ferred to the Committee of the Whole House on the state of the Ile also, from the sam~ committee, to which was referred the Union. 18$19. CONGRESSIONAL RECORD-HOUSE. 1521

Mr. LITTLE, from ·the Committee _on Public Buildings and which said bill and report were referred to the Committee of the Grounds, to which was referred the bill of the Senate (S.-244) to Whole House on the state of the Union. provide for the purchase of a site and the erection of a public Mr. GILLET of New York, from the Committee on Public building thereon at Joplin, in the State of ..Missouri, reported the Buildings and Grounds, to which was referred the bill of the same with amendment, accompanied by a report (No. 1992); which House (H. R. 1631) to provide for the purchase of a site and the f!aid bill and report were referred to the Committee of the Whole erection of a building thereon at Rome, in the State of New York, House on the state of the Union. reported the same with amendment, accompanied by a -report · Mr. MERCER, from the Committee on Public Buildings and (No. 2006); which said bill and report were referred to the Com­ Grounds, to which was referred the bill of the House (H. R. 5528) mittee of the Whole House on the state of the Union. to provide for the construction of a public building at Salem, Mr. MERCER, from the Committee on Public Buildings and Oreg., reported the same with amendment, accompanied by a re­ Grounds, to which was referred the bill of the House (H. R. 5013) port (No. 1993); which said bill and report were referred to the for the erection of a public building for the use of Federal offices Committee of the Whole House on the state of the Union. __... at San Diego, Cal., reported the same with amendment, accom­ He also, from the same committee, to which was referred the panied by a report (No. 2007); which said bill and report were bill of the House (H. R. 4113) for the erection of a public building ·referred to the Committee of the Whole House on the state of the at St. Cloud, Minn., reported the same with amendment, accom­ Union. · panied by a report (No. 1994); which said bill and report were He also, from the same committee, to which was referred the referred to the Committee of the Whole House on the state of the bill of the House (H. R. 9688) for the erection of a public build­ Union. ing in the city of Evanston, Ill., reported the same with amend­ He also, from the same committee, to which was referred the ment, accompanied by a report (No. 2008); which said bill and bill of the Senate (S. 927) to provide for the erection of a public report were referred to the Committee of the Whole House on the building at Abilene, Tex., reported the same with amendment, state of the Union. accompanied by a report (No. 1995); which said bill and report Mr. BANKHEAD, from the CommitteeonPublicBuildingsand were referred to the Committee of the Whole House on the state Grounds, to which was referred the bill of the House (H. R. of the Union. 4093) to provide for the erection of a public building in the city l\lr. WEYMOUTH, from the Committee 6n Public Buildings . of Portsmouth, in the State of Virgjnia, reported the same with and Grounds, to which was referred the bill of the House (H. R. amendment, accompanied by a report (No. 2009); which said bill 2598) for the erection of a public building at Newport, Vt., re­ and report were referred to the Committee of the Whole House on ported the same with amendment, accompanied by a report (No. the state of the Union. 1996); which said bill and report were referred to the Committee Mr. WEYMOUTH, from the Committee on Public Buildings of the Whole House on the state of the Union. and Grounds, to which was referred the bill of the Senate (S. Mr. MERCER, from the Committee on Public Buildings and 3525) for the erection of a public building at Providence, R. I., re­ Grounds, to which was referred the bill of the House (H. R. 431) ported the same without amendment, accompanied by a report to provide for the purchase of a site and the erection of a public (No. 2010); which said bill and report were referred to the Com- building thereon at Streator, in the State of Illinois, reported the mittee of the Whole Bouse on the state of the Union. · same with amendment, accompanied by a report (No. 1907); Mr. .MERCER, from the Committee on Public Buildings and which said bill and report were referred to the Committee of the Grounds, to which was referred the bill of the House (H. R. 84) Whole House on the state of the Union. to provide for the erection of a public building at Freeport, Ill., Hd also, from the same committee, to which was referred the reported the same with amendment, accompanied by a report bill of the House (H. R. 2870) providing for the purchase of a site (No. 2011); which said bill aud report were referred to the Com­ and the erection of a public building thereon at Leadville, Colo., mittee of the Whole House on the state of the Union. reported the same with amendment, accompanied by a report Mr. SKINNER, from the Committee on Public Buildings and (No. 1998); which said bill and report were referred to the Com­ Grounds, to which was referred the bill of the Senate (S. 1749) to mittee of the Whole House on the state of the Union. provide for the purchase of a site and t.he erection of a public He also, from the same committee, to which was referred the building thereon· at Durham, in tho State of North Carolina, re­ bill of the House (H. R. 47u6) to provide for a complete system of ported the same with amendment, accompanied by a report (No. filtration of the water supply of the United States Capitol, reported 2012); which said bill and report were referred to the Committee the same witli amendment, accompanied by a report (No. 1999); of the Whole House on the state of the Union. which said bill and report were referred to the Committee of the Whole House on the state of the Union. REPORTS OF COMMITTEES ON PRIVATE BILLS AND :M:r. 9ILLET of New York, from the Committee on Public RESOLUTIONS. Buildings and Grounds, to which was referred the bill of the House (H. R. 4313) for the erection of a public building at the Under clause 2 of Rule XIII, private bills and resolutions of the city of Jamestown, N. Y., reported the same with amendment, following titles were severally reported from committees! delivered accompanied by a report (No. 2000); which said bill and report to the Clerk, and referred to the Committee of the Whole House: · were referred to the Committee of the Whole House on the state as follows: of the Union. :M:r. KERR, from the Committee on Invalid Pensions, to which Mr. MERCER, from the Committee on Public Buildings and was referred the bill of the House (H. R. 9059) to pension Cathe­ Grounds, to which was referred the bill of the House (H. R. 477) rine Eakin, reported the same with amendment, accompanied by a to provide for the purchase of a site and the erection of a public report (No. 1919); which said bill and report were referred to the building thereon at the city of Eau Claire, in the State of Wiscon­ Private Calendar. . · sin, reported the same with amendment, accompanied by a report Mr. RAY of New York, from the Committee on Invalid Pen­ (No. 2001); which said bill and report were referred to the Com­ sions, to which was referred the bill of the House (H. R. G913) to mittee of the Whole House on the state of the Union. increase the pension of Mrs. Charlotte B. Cozzens, reported the l\Ir. BRANTLEY, from the Committee on PublicBuildingsand same with amendment, accompanied by a report (No. 1920); which Grounds, to which was referred the bill of the House (H. R.10753) said bill and report were referred to the Private Calendar. · . to provide for enlarging and improving the United States Govern­ Mr. SULLOWAY, from the Committee on Invalid Pensions, to ment building at Macon, Ga., and to appropriate $25,000 therefor, which was referred the bill of the House (H. R. 2574) to increase reported the same with amendment, accompanied by a report the pension of Mrs. L. ~I. Payne, reported the same with amend­ (No. 2002); which said bill and report were referred to the Com­ ment, accompanied by a report (No. 1921); which said bHl and mittee of the Whole House on the state of the Union. report were referred to the Private Calendar. Mr. MERCER, from the Committee on Public Buildings and l\Ir. RAY of New York, from the Committee on Invalid Pen­ Grounds, to. which was referred the bill of the House (H. R.1859) sions, to which was referred the bill of the House (H. R. 108~) to provide for a public building at Winston, N. C., reported the granting an increase of pension to Amanda Willmarth, reported same with amendment, accompanied by a report (No. 2003); the same with amendment, accompanied by a report (No. 192~); which said bill and report were referred to the Committee of the which said bill and report were referred to the Private Calend~. Whole House on the state of the Union. Mr. SAMUEL W. SMITH, from the Committee on Inv~"id Mr. BANKHEAD, ftom the Cpmmittee on Public Buildings Pensions, to which was referred the bill of the House (H. 'R. and Grounds, to which was referred the bill of the House (H. R. 10803) granting an increase of pension to James Porter. reported 1079) to enlarge and improve the United States public building at the same with amendment, accompanied by a report (No. 1923); Columbus, Ga., reported the same with amendment, accompanied which said bill and report were referred to the Private Calendar. by a report (No. 2004); which said bill and report were referred Mr. RAY of New York, from the Committee on Invalid Pen­ to the Committee of the Whole House on the state of the Union. sions, to which was referred the bill of the House (H. R. 10860) Mr. MERCER, from the Committee on Public Buildings and granting a pension to Mianda A. Sanford, reported the same with Grounds, to which was referred the bill of the House (H. R. 1642) amendment, accompanied by a report (No. 1924); which said bill for the erection of a public building at Green Bay, Wis., reported and report were referred to the Private Calendar. the eame with amendment, accompanied by a report (No. 2005); Mr. CASTLE, from the Committee on Invalid Pensions, to XXXII-DG 1522 00NGRESSIONAL-RECORD- HOUSE. FEBRUARY 6,

which ~ wmll- refened the bill of the Hous.e (H. R. 8749) for the re­ CHANGE OF REFERENCE . . lief orJames J. l\farc4er,-reported the same with amendment, ac~ Under clause 2 of Rule XXII, the Committee on Invalid Pen­ . companied by a report (No. 1925); which said bill and report sions was discharged from the consideration of the bill (H. R. wem referre4 to the :pi-ivate Qalendar. · - 11906) granting a pension to Mary Ann Fell; and the samo was :Mr, BOTKIN, from t he Committee on Invalid Pensions, to refcr~·ed to the Committee on Pensions . . . which was referred the bill of the House ca;. R. 704.6) granti~g . an inci;ease of pension to Arba Capron, of. North Topeka, Kans., . reported tne same with amendment, accompanied by· a report PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS (No. 1926); which said bill and report were referred to the Pri­ . INTRODUCED. vate Calendar. Under ~lause 3 of Rule.XXII, bills, resolutions, and memorials Mr. DRIGGS, from the Committee on InvaliQ. Pensions, to which of the following titles were introduced and severally referred a.s was referred the bill of the Senate (S. 4630) granting an increase follows: of pension to Chauncey A. Bradley, reported the saµie with amend­ By Mr. FERGUSSON: A bill (H. R . 12005) authorizing the ment, accompanied by a report (No. 1927); which said bill and Territory of New Mexico to create an additional indebtedness to report were refeq:ed to the Private Calendar. finish and furnish her Territorial capitol-to the Committee on He also, from the same committee, to which was referred the tlie Territories. bill of the Senate (S. 4374) granting a pension to Nellie l\L Gould, By Mr. STEPHENS of Texas (by request) : A bill (H. R.1200'1 ) reported the same without amendment, accompanied by a re­ permitting noncitizens of the Indian Territory to bring suits in port (No. 1971); which said bill and report were referred to the the United States courts of the Territory to enforce contracts Printte Cal nclar. between non citizens. and citizens of the Territory in certain cases­ l\fr. STURTEVANT, from tho Committee on Invalid Pensions, to the Committee on Indian Affairs. to which was referred the bill of the House (H. R. 7657) for the By Mr. KETCHAM: A bill (H. R. 12007) to provide for the relief of James E. Searl, reported the same with an amendment, purchase of a site and the erection of a public building thereon at accompanied by a report (No. 1972); which said bill and report Kingston, N . Y.-to the Committee on Public Buildings and were referred to the Private Calendar. Grounds. Mr. KERR, from the Committee on Invalid Pensions, to which By Mr. CURTIS of Iowa: A bill (H. R. 12010) to establish a was i;eferred the bill of the House (H. R. 9455) granting an in­ municipal court for the District of Columbia, to.abolish the offices crease of pension to Richard .Atkinson, reported the same with an of justice of the peace and constable, and for other purposes-to amendment, accompanied by a report (No. 1973); which said bill the Committee on the District of Columbia. and report were referred to the Private Calendar. By Mr. STALLINGS: A bill (H. R . 12011) for the purpose of Mr. STURTEVANT, from the Committee on Inyalid Pensions, r ecognizing the gallantry of the Volunteer Army of the United to which was referred the bill of the House (H. R . 8578) granting States during the war with Spain-to the Committee on Military a pension to George W. Heisinger, reported the same with amend­ Affairs. ment, accompanied by a report (No. 1_974); which said bill and Also (for Mr. WnEELER of Alabama), a bill (H. R . 12012) to report. were referred to the Private Calendar. establish and erect a military post at Huntsville, Ala.-to tho Mr. GIBSON, from the Committee on Invalid Pensions, to which Committee on Military Affairs. was referred tha bill of the House (H. R. 10241) granting a pen­ By :Mr. BINGHAM: A joint resolution (H. Rea. 352) authoriz­ sion to Nancy Shaley, reported the same with.amendment, accom­ ing foreign exhibitors at the Commercial Exposition panfod by a report (No. 1975); which said bill anc.1 report were · to bring into this country foreign laborers under regulations to be referred to the Private Calendar. prescnbed by tho Secretary of tho Treasury-to tho Committee on :M:r . .MINOR, from the Committee on Claims, to which was re­ Immigration and Naturalization. ferred the bill of the House (H. R. 7865) to pay the- J. S. Stearns By :Mr. GROW: A joint resolution (H. Res. 353) proposing an Lumber Company $379, reported the same without amendment, amendment to the Constitution of the United States-to the Com­ accompanied by a report (No. 1976); which said bill and report mittee on the Judiciary. were referred to the Private Calendar. By Mr. CAPRON: A joint resolution (H. Res. 354) proposing Mr. SULLOWAY, from the Committoo on Invalid Pensions, to amendments to the Constitution prohibiting polygamy within the whom was referred the bill of the House (H. R . 2258) granting a United States and all places subject to their jurisdiction, and dfo­ pension to Mary E . Taylor, reported the same with amendment, ac­ qunlifying polygamists for election as Senators or Representatives . companied by a report (No. 1977); which said bill and report were in Congress-to the Committee on Election of President, Vj ~e­ referred to tho Private Caiendar. President, and Representatives in Congress. 1\.fr. MIERS of Indiana, from the Committee on Invalid Pen­ By Mr. ZENOR: A joint resolution (H. Res. 355) construin sions, to which was referred the bill of the House (H. R . 1G77) for the act approved June 27, 1890, entitled "An act granting pensions the benefit of Anna M. Wehe, mother of William M. Wehe, de­ to soldiers and sailors who are incapacitated for the performance ceased, reported the same with amendment, accompanied by a re­ of manual labor, and providing for pensions to widows, mino;r port (No. 1\J78); which said bill and report were refened to the children , and dependent parents "-to the Committee on Invalid Private Calendar. Pensions. Mr. SULLOWAY, from the Committee on Invalid Pensions, to By l\:lr. EDDY: A memorial from the legislature of Minnesota, which was referred the bill of the Senate (S. 1031) granting a favoring the election of United States Senators by direct vote­ pension to Noah Pillsbury, reported the same with amendment, to the Committee on Election of President, Vice-President, and accompanied by a report (No. 1970); which said bill and report RepresentatiYes in Congress. were referred to the Private Calendar. By l\Ir. ELLIS: A mamorial from the Oregon legisl ture, favor­ Mr. W ARNEH,, from the Committee on Invalid Pensions, to ing the construction of the Nicaragua Canal by the "United States which was referred the bill of tho House (H. R. 10605) to increase Government-to the Committee on Interstate and Foreign Com­ the pension of Annie Cusack, reported the same with amendment, merce. accompanied by a report (No. 1980), which said bill and report Also, a memorial from the legislature of the State of Oregon, were referred to the Private Calendar. favoring the election of United States Senators by direct vote­ Mr. SAMUEL W . SMITH, from the Committee on Invalid Pen· to the Committee on Election of President, Vice-President, and sions, to which was r eferred the bill of the Senate (S. 4233) grant­ Representatives in Congress. ing an increase of pension to Solomon Kline, reported the same Also, a memorial from the legislature of Oregon, favoring the without amendment, accompanied by a report (No. 1081); which continuance of the improvement at Yaquina Harbor, Orcgon­ said bill and report were referred to the Private Calenda:?:. to the Committee on Rivers and Harbors. Mr. DRIGGS, from the Committee on Invalid Pensions, to whicli was referred the bill of the House (H. R. 9059) granting a PRIVATE BILLS AND RESOLUTIONS INTRODUCED. pen sion to Jessie Goldie, reported the same with amendment, ac­ companied by a report (No. 1082); which said bill and report were Under clause 1 of Rule XXII, private bills and resolutions of referred to the Private Calendar. the following titles were introduced and severally referred as follows: By Mr. BELDEN: A bill (H. R. 12013) to increase the pension ADVERSE REPORTS. of Delos M. Kenyon-to the Committee on Invalid Pensions. By Mr. FISCHER: A bill (H. R . 12014) t-0 remove the chargo Under clause 2 of Rule XIII, ]\fr. RAY of New York, from the of desertion against the name of George W . Smith-to the Com· Committee on Invalid Pensions, to which was referred the bill of mittee" on Military Affairs. the House (R. R . 11082) granting an increase of pension to James By l\1r. HILBORN: A bill (H. R. 12015) removing charge of de­ Bintliff, reported the same adversely, accompanied by a report sertion from record of William Alexander Griffith-to the Com­ (No. 1928); which said bill and report were 01·dered to lie on the mittee on Military Affairs. tablo. By Mr. KITCHIN: A bill (H. R . 12016) for the relief of Chal'les 1899. CONGRESSIONAL RECORD-HOUSE.· 1523

W. Johnson, administrator of 1\:Irs. Lydia Johnson-t-0 the Com­ Also, petition c;>f.the Woman's Club of Pittsburg, Pa., for legis­ mittee on War Claims. lation against the desecration of the American flag-to the Com- By Mr. MUDD: A bill (H. R.12017) granting a pension to Mrs. ·mittee on the Judiciary. . . · Elmina Creighton-to the Committee on Pensions. Also, sundry petitions of certain churches" societies, and citi­ By Mr.WARNER: A bill (ff. R . 12018) to increase the pension zens of Eittsburg, Allegheny, Carnegie, Emsworth, Bellevue, of Louisa Rose-to the Committee on Invalid Pensions. Avalon, and Wilkinsburg, A11egheny County, Pa., to prohibit the By Mr. CUMMINGS: A joint resolution (H. Res. 356) for re­ sale of liquor in canteens and in immigrant stations and Govern­ lief o.f Warner H. Nostrand, lieutenant, United States Navy-to ment buildings-,to the Committee on Alcoholic Liquor Traffic. the Committee bn NaYal Affairs. Also, resolutions of the National Board of Trade of Philadel­ phia, Pa., in.relation to postal matters-to the Committee on the Post-Office and Post-Roads. PETITIONS, ETC. By Mr. DE VRIES: Petition of the· Methodist Episcopal Church Under clause 1 of Rule XXII, the following petitions and papers and Epworth League of the State of California, to prohibit the were ]aid on the Clerk's desk and referred as follows: sale of liquor in canteens and jn immigrant stations and Govern­ By Mr. ADAMS: Petition of Rachel Foster Avery, for woman ment buildings-to the Committee on Alcoholic Liquor Traffic. suffrage to Hawaiian women-to the Committee on the Territories. By l\fr. DOCKERY: Petition of George P. Pierson a.nu other Also, resolutions of the ~1erchants' Association of New York, fourth-class postmasters of Harrison County, Mo., asking for the · relating to the freedom of private property on the sea from cap­ passage of House bills Nos. 4930 and 4031, increasing the compen­ ture during war-to the Committoo on Foreign Affairs. sation of fourth-class postmasters-to the Committeo on the Post­ By Mr. BELFORD: Petition of fourth-class postmasters in· Office and Post-Roads. Queens and Suffolk counties, N. Y., in favor of House bills Nos . Also, petition of A. Bearedy and citizens of Caldwell County, 4930.and 4931, relating to the compensation of fourth-class post­ . l\Io., in favor of the establishment of postal savings banks-to the masters-to the Committee on the Post-Office and Post-Roads. Committee on the Post-Office and Post-Roads. By Mr. BENTON: Petitions of T. I. Craig and 20 1citizens of · By Mr. DOVENER: Petition of 5.2 citizens of Yarns, W. Ya.., to Racine, Mo., and J. L. Zumsteg _and 20 citizens of Sheldon, Mo., urg­ accompany House bill granting a pension to Asa Monnypenny-to ing the establishment of postal savings banks-to the Committee the Committee on Pensions. on the Post-Office and Post-Roads. By Mr. ELLIS: Petition of fourth-class postmasters of Baker, By Mr. BINGHAM: Resolutions of Washington Council, No. Union, Columbia, and Clatsop counties, Oreg., urging the passago 1; Spring Garden Council, No. 18; Robert Morris Colmcil, No.4; of House bills Nos. 4930 and 49131, for increase of compansation­ Harmony Council, No. 53; Ermentown Council, No. 73; Frank­ to the Committee on the Post-Office and Post-Roads. ford Council, No. 176; Woodland Council, No. 179; Ro.xborough By :Mr .. ERMENTROUT: Resolutions of the Merchants' .Asso­ Council, No. 369; Martha Washington Council, No. 528; Morton ciation of New York, in regard to freedom of private property on Mcl\Iichael Council, No. 88G, and Valor Council, No. ~66, of the the sea from capture in time of war-tothe Committee on Foreign Junior Order of United American Mechanics, of Philadelphia, P a., Affairs. . protesting against the appropriation of public funds for sectarian Also, petition of the Army and Navy Union, favoring the pas­ purpos~s in the District of Columbia-to the Committee on the sage of a bill to promote the efficiency of the clerical force of the Distriot of Columbia. Navy-to tho Committee on Naval Affairs. Also, resolutions of the Philadelphia Oil Trade, for the enact­ By l\Ir: ·FOWLER of New Je1·sey: Petition of Roswell A. 13Gn­ ment of legislation restoring to the United States the ocean carry­ ediot, of Crawford, N. J., for the amendment of the Constitntion ing trade sailing under the American flag-to the Committee on in certain respects, to the interest of American business and in­ the Merchant Marine and Fisheries. dustrjal stabHity-to the Commilltee on the Jucliciary. Also, petition of citizens of Philadelphia, Pa., protesting against By Mr. GRAHA.l\f: Petition of the National Pure Food and the appropriation of puqlic funds for sectarian purposes-to the Drug Congress, Washington, D. C., praying for the passage of a Committee on ..Appropriations. national food and drug bill-to the Committee on AgTiculture. By l\fr. BLAND: Potitions of citizens of St. Elizabeth, Osage Also, petition oi Picking Naval Garrison, No. 8, of Erie, Pa., Irqn Works, and Montreal, Mo. , favoring the establishment of urging the passage of House bill No. 11556, to promote the effi­ postal sav"ings banks_:_to the Committee on tho Post-Office and ciency of the cle1·ical service in tho Navy of the United States by Post-Roads. organizing a clerical corps of the Navy-to the Committee on

~ . By Mr. BODINE: Petitions of citizens of Sampsell, Hamden, N avul Affairs. and Echo, Mo., favo1ing the establishment of postal savings Also, petition of Mrs. I. Newton Patterson, superintendent of banks-to the Committee on the Post-Office and Post-Roads. the legal work of tho Woman's Christian Temperance Union of · By Mr. BULL: Resolution of the Rhode Island Business Men's Allegheny, Pa., representing 37 chm·ches and 7,000 members, for Association, in favor of the Hanna-Payne bill to increase Amer· the passage of the Ellis bill to prohibit the sale of liquor in can­ ic:m shipping-to th~ Committee on tho Merchant Marine and teens and in immigrant stations and Government buildings-to Fisheries. the Committee on Alcoholic Liquor Traffic. By Mr. CAPRON: Resolution of the Rhode Island Business By Mr. GROUT: Petition of L. R. Carpenter, Davis Bridge, Men's Association, in favor of the Hanna-Payne bill to increase Vt., and 37 other fourth-class postmasters, for the passage of American shipping-to the Committee on the Merchant Marine House bills Nos. 4930 and 4931- to the Committee on tho Post­ and Fisheries. ,,., Office and Post-Roads. By .Mr. CHICKERING: Petition of citizens of Brownville and By Mr. HENRY of Mississippi: Petition of citizens of Hum­ Dexte", Jefferson County, N . .Y., to prohibit the transmission by phreys, Miss., to prohibit the sale of liquor in canteens, in immi­ mail or. interstate commerce of pictures or descriptions of prize grant stations, and jn Government buiJdings-to the Committee fights-to the Committee on Interstate and Foreign Commerce. on Alcoholic Liquor Traffic. Also, petition of citizens of Dexter and Brownville, N. Y., to By Mr. HOPKINS: Resolutions of the College Church of Christ, prohibit the sale of liquor in canteens, in immigrant stations, Wheaton, 111.; the Chicago Presbytery of the United Presbyterian and in Government buildings-to the Committee on Alcoholic Church; also petitions of certain citizens of the State of Illinois Liquor Traffic. and of the Woman's Christian Temperance Union of Elgin, Ill., By 1'1fr. CODDING: Petitions of the Woman's Christian Tem­ against the seating of Brigham H. Roberts as a Representative perance Union of Wyalusing and East Springfield, and churches from.Utah-to the Committee on Elections No. 1. of Columbia Crossroads and Wyalusing, Pa., to prohibit the sale Also, resolution of the Woman's Christian Temperance Union of liquor in canteens and in immigrant stations and Govern­ of Elgin. Ill. , praying for the maintenance of prohi biti on in Alnska- ment buildings-to the Committee on Alcoholic Liquor Traffic. to tho Committee on the Ten-it-0ries. - By Mr. COWHERD: Petition of citizens of Higginsville, La­ By Mr. HOWELL: Petitions of fourth-class postmasters in the fayette County, lV!o., favoring the establishment of postal savings Third Congressional district of New Jersey, urging the passage of banks-to the Committee on the Post-Office and Post-Roads. House bills Nos. 4930 and 4931, reln.ting 'to the compensation of By Mr. CRUMP: Petition of A. Morel and 200 citizens of Arn, fourth-class postmasters-to the Committee on the Post-Office and Mich., in favor of the establishment of postal savings banks­ Post-Roads. to the Committee on the Post-Office and Po3t-Roatls. By Mr. JOHNSON of Indiana: Petition of fourth-class post­ By Mr. CURTIS of Kansas: Petition of Stephen Ogt1en and masters of Rush County, Ind., for the passa$.e of House bi11s Nos. other fourth-class postmasters of Coffey County, Kans., asking 4930 and 4!)31-to the Committee on the .t'ost-Office nnd Post­ for the passage of House bills Nos. 4930 and 4931, increasing the Roads. compensation of fourth-class postmasters-to the Committee on By Mr. KITCHIN: Papers relating to the claim of Ledia John­ the Post-Office and Post-Roads. ston, of Chapel Hill, N. U.-to the Committee on War C1'1ims. 13y Mr. DALZELL: Petition of the Pittsburg Chamber of Com­ By Mr. McALEER: Petition of tho Philaclclphia Oil TracleAsso­ merce and of the Americz.n Shipping and Industria\ League, urg­ ciation, lll'ging the passage of tha Hanna-Payne shipping bill--to ing the passage Of the Hanna-Payne shipping bill-to the Com­ the Committee on the Merchant Marine and Fisheries. mittee on the Merchant Marine and Fisheries. Also, resolutions of the Merchants' Association of New York, in 1524 .CONGRESSIONAL RECORD-SENATE. FEBRUARY 7, regard to freedom of private property on the sea from capture The VICE-PRESIDENT. Fifty-four Senators have answered . ;luring war-to the Committee on Foreign Affairs. to their names. A quorum is present. The Secretary will read Also, petition of the Regula1· Army and Navy Union, Garrison the Journal of yesterday·s proceedings. No. 8, favoring amendment to the Navy personnel bill providing Mr. LODGE. I ask unanimous consent that the reading be for the organization of the clerical force of the Navy-to the Com­ dispensed with. mittee on Naval Affairs. The VICE-PRESIDENT. Is there any objection? The Chair By Mr.MIERSoflndiana: Petitions of citizens of KnoxCounty, hears none, and the order is made. D. H. Iiooley and 200 citizens of Topeka, H. W. Schroeder and 203 citizens of Westphalia, Ind., urging the establishment of postal ABSTRACT OF MILITIA FORCE. savings banks-to the Committee on the Post-Office and Post­ The VICE-PRESIDENT laid before the Senate a communica­ Roads. tion from the Secretary of War, transmitting an abstract of the Also, petitions of citizens of Bloomington, Vincennes, Worthing­ militia force of the United States, according to the late3t returns ton, Monroe, and Mitchell, Ind., to prohibit the sale of-liquor in received at the Office of the Adjutant-General of the Army, for canteens, in immigrant stations, and in Government buildings­ the year 1898; which, with the accompanying papers, was referred to the Committee on Alcoholic Liquor Traffic. to the Committee on Military Affairs, and ordered to be printed. By l\fr. OSBORNE: Petitions of Thomas McGrath and 221 citi­ zens of Miners Delight, Wyo., in favor of the establishment of CREDENTIA.LS. postal savings banks-to the Committee on the Post-Office and .Mr. SPOON ER presented the credentials of Joseph Very QuarJ es, Post-Roads. chcsen by the legislature of Wisconsin a Senator from that State By Mr. PAYNE: Resolutions of Myron M. Fish Post, No. 406, for the term beginning March4, 1899; which were read, and ordered Grand Army of the Republic, Department of New York, for to be filed. amendment of the pension laws-to the Committee on Invalid Mr. PLATT of Connecticut presented the credentials of J OSEPH Pensions. R. HAWLEY, chosen by the legislature of Connecticut a Senator By Mr. H.OBB: Petitions of Solon J. Upton and 223 citizens of from that State for the term beginning Ma.TCh 4, 1890; which Licking, Mo., favoring the establishment of postal savings banks­ were read, and ordered to be filed. to the Committee on the Post-Office and Post-Roads. By Mr." STEPHENS of Texas: Petition of Alexander Jamison MESSAGE FROM THE HOUSE. and other fourth-class postmasters of Palq Pinto County, Tex., A message from the House of Representatives, by Mr. W. J. urging the passage of House bills Nos. 4930 and 4931, for increase DROWNING, its Chief Clerk, announced that the House had passed of compensation-to the Committee on the Post-Office and Post­ the following bill and joint resolutions: Roads. A bill (S. 2768) to grant lands to the State of Alabama for the By Mr. TERRY: Petition of W. M. Wright and 16 other letter­ use of the Industrial School for Girls in Alabama and of the Tus­ carriers, of Little Rock, Ark., asking that the law be so amended cogee Normal and Industrial Institute; as to allow forty-eight hours for six days' service-to the Commit­ A joint resolution (S. R. 218) authorizing the Secretary of the tee on the Post-Office and Post-Roads. Navy to receive for instruction at the Naval Academy, at Annapo­ By Mr. TONGUE: Petition of Simpson Chapel and Monroe lis, Ricardo Yglesias, of Porto Rico; and Methodist Episcopal churches, of Benton County, Oreg., to pro­ A joint resolution (S. R. 219) anthorizing the Secretary of the hibit the reproduction of prize fights and the interstate transmis­ Navy to receive forinstructionat the Naval Academy, at Annapo­ sion of devices for the same-to the Committee on Interstate ancl lis, Alberto Valenzuela Montoya, of Colombia. Foreign Commerce. . . The meRsage also announced that the House had passed the fol­ Also, petition of Simpson Chapel and Monroe Methoclist Episco- lowing bills; in which it reciuested the concurrence of the Senate: · pal churches, of Benton County, Oreg., favoring the passage-of a A bill (H. R. 321) for the relief of the Berdan Firearms Manu· bill prohibiting the sale of alcoholic liquors in Government build­ factnring Company; ings, etc.-to the Committee on Alcoholic Liquor Traffic. A bill (H. R. 4382) to establish a national military park to com­ By Mr. VINCENT: Petition of postmasters in Republic County, memorate the campaign, siege, and defense of Vicksburg; Kans., asking for the passage of a bill increasing the compensation - A bill (H. R. 8694) to enable the city of Albuquerque, N. Mex., of fourth-class postmasters-to the Committee on the Post-Office to create certain indebtedness, and for other purposes; and Post-Roads. A bill (H. R. 11247) to extend the anti-contra.ct labor laws of the By .M:r. \VALKER of Massachusetts: Petition of 8 fourth-cla:s United States to Hawaii; . postmasters in the Third Congressional district of Massachusetts, A bill (H. R. 11815) to provide for taking the Twelfth and sub­ urging the passage of House bills Nos. 4930 and 4931, relating to sequent censuses; and- the compensation of fourth-class postmasters-to the Committee A bill (H. R. 12009) to provide for the removal of snow and ice on the Post-Office and Post-Roads. . in the city of Washington, in the District of Columbia. By Mr. WEY.MOUTH: Petition of the Woman's Christian Tem­ The message further announced that the Honse had agreed to perance Union of Gardner. Mass., protesting against the seating of the concurrent resolution of the Senate to print 3,000 copies of the Brigham H. Roberts as a Representative from Utah-to the Com­ Proceedings of the National Fishery Congress, held at 'I'ampa, mittee on Elections No. 1. Fla., January 19 to 24, 1898. By Mr. YOUNG: Resolutions of the Merchants' Association of New York, in reference to freedom of private property on the sea ENROLLED BILL SIG"NED. from capture during war-to the Committee on Foreign Affairs. The message also announced that the Speaker of the House had signed the enrolled bill (H. R. 11487) making appropriations for the diplomatic and consular service for the fiscal year ending SEN.ATE. June 30, 1900; and it was thereupon signed by the Vice-President. TUESDAY, February 7, 1899. PETITIONS AND MEMORIALS. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Mr. LODGE presented a petition of the Board of Trade of The VICE-PRESIDENT. The Secretary will read the Journal Lowell, Mass., praying for the retention of the Philippine Islands; of yesterday's proceedings. which was referred to the Committee on Foreign Relations. Mr. ALLEN. l\Ir. President, Ithinkthereoughtto bea quorum He also presented the petition of Susan B. Anthony and 15 other present. There ought to be at least more Senators present than citizens of Rochester, N. Y., praying that the right of suffrage be are here now. granted to women in Hawaii; which was referred to tho Select The VICE-PRESIDENT. The absence of a quorum is sug­ Committee on Woman Suffrage. gested by the Senator from Nebraska. The Secretary will call the Mr. NELSON presented a petition of local union No. 361, United roll. Brotherhood of Carpenters and Joiners, of Duluth, Minn., praying The Secretary called the roll, and the following Senators an­ for the passage of the eight-hour bill; which was referred to the swered to their names: Committee on Education and Labor. Allen, Gorman, l\Iartin. Roach, Mr. PLATT of New York presented petitions of the congrega­ Allison, Hanna, Mitchell, Ross, tions of the Methodist Episcopal Church of Brownville, of sundry Berry, Hansbrough, Money, Sewell, churches of Sandy Hill and Glens Falls, and of the Summer School Burrows, Harris, Morgan, Shoup, Butler, Hawley, Murphy, Smith, of Social Problems, of Saratoga, all in the State of New York, Carter, Jone3, Ark. Nelson, Stewart, praying for the enactment of legislation to prohibit the trausmis· Chandler, Jones, Nev. Pasct), Teller, sion by mail or interstate commerce of pictures and descriptions Clark, Kenney, Perkins, 'rillman, Cookro11, Lindsay, P ettigrew, Turley, of prize fights; which were referred to the Committee on the Cullom, Lodge, P ettus, Warren, Judiciary. Davis, McBride, Platt, Uonn. Wellington, He also presented a petition of local union No. 67, United Debo:.>, JllcEnory, Pla.tthN. Y. Wolcott. Gallinger, :Mallory, Pritc ard, Brotherhood of Carpenters and Joiners, of New York City, N. Y., Gear, Mantle, Rawlins, and a petition of local branch No. 549, Amalgamated Society of