3368 CONGRESSIONAL RECORD-SENATE. APRIL 18, discrediting legal-tender currency-to the Committee on Coin­ Exchange of St. Louis, Mo., favoring the passage of House bill age, Weights, and Measures. 383, consolidating into one class third and fourth class mail Also, petition of Goshen Grange, in favor of House bill 395- matter, and making a uniform rate of postaae of 1 cent for each to the Committee on Agriculture. 2 ounces; which were referred to the Uomm'ittee on Post-Offices Also, petition of Goshen Grange, for free delivery of rural and Post-Roads. mails-to the Committee on the Post-Office and Post-Roads. He also presented resolutions adopted by the Farmers and La­ Also, petition of citizens of Trumbull County, Ohio, in favor borers' Union, of Perry County, Mo.,favoring legislation aaainst of House bill 401, restricting immigration-to the Select Com­ gambling in farm products; which were referred to the Coiiimi t­ mittee on Immigration and Naturalization. tee on the Judiciary. Also, petition of the Young Men's Christian Association of Mr. FAULKNER presented the petition of A. H. Hall and 38 Warren, Ohio, in favor of Sunday closing of the World's Expo­ other citizens of Ritchie County, W. Va, praying for the pas­ sition-to the Select Committee on the Columbian Exposition. sage of an amendment to the Constitution of the United States Also, petition of 92 citizens of Randolph, Ohio, in favor of. prohibiting any State from the enactment of a law respecting House bill401, relating to immigration-to the Select Commit­ an establishment of religion or making an appropriation of money tee on Immigration and Naturalization. for any sectarian purpose; which was referred to the Committee By Mr. TOWNSEND: Resolutions of Kilpatrick Post, No. 41, on the Judiciary. Grand Army of the Republic, and Ladies' Relief Corps, G. A. Mr. HOAR presented a memorial of the Boston (Mass.) Society Smith Camp, No. 13, Sons of Veterans, of La Junta, Colo., to ac­ for Medical Improvement, remonstrating against the proposed company House bill for the relief of Graham McClawson-to the reduction of the annual appropriation for the library of the Sur­ Committee on Invalid Pensions. geon-General's Office, in that it would result in serious injury to By Mr. WHEELER of Alabama (by request): Petition of Tim­ the interests of medical science in the United States; which was othy Monahan, for increase of pension-to the Committee on In- referred to the Committee on Appropriations. valid Pensions. · He also presented a memorial of members of the Methodist By Mr. WHITE: Petition of 15 members of the Seventh-Day Church of New Bedford, Mass., remonstrating against the pas­ Adventists' Church, and others of Grinnell, Iowa, praying that sage of the Chinese restriction bill; which was referred to the Congress pass neither bill nor resolution closing the World's Committee on Foreign Relations. Fair on Sunday-to. the Select Committee on the Columbian Ex­ He also presented a petition of citizens of North Attleboro, position. Mass., praying for the closing of the World's Columbian Expo­ By Mr. WILLIAMS of Illinois: Petition in support of claim sition on Sunday; which was referred to the Committe on the of George W. Boyd-to the Committee on Invalid Pensions. Quadro-Centennial (Select). By Mr. WILSON of Missouri: Petition of F. A. Ennis, James He also presented ape tition of citizens of Scranton, Pa., pray­ Fitzpatrick, and 13 other soldiers and sailora of L. W. Weather­ ing for the adoption of an amendment to the Constitution of the man Post, No. 473, Grand Army of the Republic, in favor of United States prohibiting any legislation by the States respect­ properly marking and preserving the battle lines at Gettysburg­ ing an establishment of religion or making an appropriation of to the Committee on Military Affairs. money for any sectarian purpose; which was referred to the By Mr. WIKE: Evidence.to go with House bill6905, granting Committee on the Judiciary. bounty and back pay to Capt. A. D. Nash-to the Committee on Mr. SHERMAN presented the following petitions of Goshen Military Affairs. and Berlin Heights Granges, Patrons of Husbandry, of Ohio: Petitions praying for the enactment of legislation for the en­ couragement of silk culture-ordered to lie on the table. SEN.ATE. Petitions praying for the enactment of legislation to prevent gambling in farm products-referred to the Committee on the }fONDAY, April18, 1892. Judiciary. Mr. CULLOM presented a petition of citizens of Henry County, Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Ill., praying for the r egulation of speculation in fictitious farm The Journal of the proceedings of Thursday last was re d and products; which was referred to the Committee on the Judiciary. approved. He also presented a pstition of citizens of Illinois, praying for EXECUTIVE COMMUNICATIONS. the adoption of an amendment to the Constitution of the United The VICE-PRESIDENT laid before the Senate a communica­ States pr;)hibiting any legislation by the States respecting an tion from the Secretary of War, transmitting, in response to a establishment of religion or making an appropriation of money resolution of the 12th instant, a letter from the Chief of Engineers, for any sectarian purpose; which was referred to the Committee with accompanying papers from the Board of Engineers recently on the Judiciary. convened to examine and report upon the plans of a bridge over Mr. CAMERON presented a petition of 12 citizens of Mount the entrance to Duluth Harbor, on Lake street, Duluth, Minn.; 2Etna, Pa., and a pstition of 10 citizens of Middletown, Pa., which, on motion of Mr. DAVIS, was, with the a~companying praying for the adoption of an amendment to the Constitution of papers, referred to the Committee on Commerce, and ordered the United States prohibiting State or national aid for religious to be printed. purposes; which were referred to the Committee on the Judi­ COURT OF CLAIMS REPORT. ciary. The VICE-PRESIDENT laid before the Senate a communica­ Mr. CHANDLERpres3nted the petition of E. R. Brown, John tion from the assistant clerk of the Qourt of Claims, transmit­ Holland, Daniel Hall, Robert G. Pike, Samuel C. Fisher, C. H. ting supplemental conclusions of fact and of law in the French Sawyer, GeorgeS. Frost, William S. Stevens, A. 0. Mathes, C. spoliation claim relating to the ship Speculator; which, with the S. Cartland, James W. Bartlett, B. Frank Neally, and J. H. accompanying papers, was referred to the Committee on Claims, Horne, of Dover, N.H., praying for the adoption of an amend­ and ordered to be printed. · ment to the Constitution of the United States prohibiting any legislation by the States respecting an establishment of religion PETITIONS AND MEMORIALS. or making an appropriation of money for any sectarian purpose; The VICE-PRESIDENT presented a petition of the Maritime which was referred to the Committee on the Judiciary. Association of the Port of New York, praying for the construc­ He also presented the following petitions of Union Grange, tion of a breakwater and harbor of refuge in the vicinity of Cape Patrons of Husbandry, of New Hampshire: Camweral, Fla.; which was referred to the Committee on Com­ Petition praying for the enactment of legislation to prevent merce. gambling in farm products-referred to the Committee on the He also presented a petition of the Pittsburg (Pa.) Presbytery Judiciary. of the Reformed Presbyterian Church, praying the President P etition praying for the passage of House bill 395, defining and Congress not to approve the measure affecting Chinese im­ lard and imposing a tax thereon-ordered to lie on the table. migration, commonly known as the Geary bill; which was or­ P etition praying for the passage of a bill to prevent the adul­ dered to lie on the table. teration of food and drugs-ordered to lie on the table. He also presented a memorial of. the Mil waukee branch of the Petition praying for the passage of a bill making certain is­ Lake Seamen's Benevolent Association, of Milwaukee, Wis., re­ sues of money full legal tender in payment of all debts-referred monstrating against the employm 3n t of Canadian sailors in viola­ to the Committee on Finance. tion of the contract labor law; which was referred to the Com­ Mr. WILSON presented a petition of the Business Men's As­ mittee on Education and Labor. S9ciation of Davenport, Iowa, praying that increased appropria­ The VICE-PRESIDENT. The Chair has received acommui­ tions be made.for the accommodation of the Weather Bureau cation from Mr. James R. Young, tl;le lateexecutiveclerkof the Service; which was referred to the Committee on Appropriations. Senate, in the nature of a petition, which the Chair lays before He also presented a memorial of 12 members of the Seventh the Senate, and which will lie on the table. Day Advent Church and 16 other citizens of Audubon, Iowa, re­ Mr. VEST presented resolutions adopted by the Merchants' monstrating against the passage of any legislation closing the , / 1892 .. CONGRESSIONAL RECORD-SENATE. 3369

World's Columbian Exposition on Sunday; which was referred . Mr. DIXON presented sundry petitions collected by the Na­ to the Committee on the Quadro-Centennial (Select). tional Woman's:Christian Temperance Union, signed by 54 mem­ He also presented a petition of the Presbyterian Church of bers, of Scituate, R.I., praying that no exposition or exhibition Keota, Iowa, praying that the World's Columbian Exposition be for which appropriations are made by Congress shall be opened closed on Sunday; which was referred to the Committee on the on Sunday; which were referred to the Committee on the Quadro­ Quadro-Centennial (Select). Centennial (Select). He also presented a petition of the Young People's Society of Mr. DAWES presented sundry petitions collected by the Na­ Christian Endeavor of Hedrick, Iowa, and a petition of the tional Woman's Christian Temperance Union of Massachusetts, Iowa City Presbytery, praying that the World's Columbian Ex­ containing 137 individual&ignatures and 2,763 representative in­ position be closed on Sunday and the sale of intoxicating liquors dorsements, praying that no exposition or exhibHion for which prohibited thereat; which were referred to the Committee on appropriations are made by Congress shall be opened on Sunday; the Quadro-Centennial (Select). which were referred to the Committee on the Quadro-Centennial Mr. PADDOCK presented a petition of the Kilpatrick Con­ {Select). gregational Church, of Gage County, Nebr., officially signed, Mr. WALTHALL present~d a memorial of"the professors of and a petition of 53 studen.ts of Doane College, Crete, Nebr., the University of Mississippi, remonstrating against the opening praying that the World's Columbian Exposition be closed on of the World's Columbian Exposition on Sunday; which was re-. Sunday, that the sale of intoxicants be prohibited thereat, and ferred to the Committee on the Quadro-Centennial (Select). that the art department be managed according to the American Mr. MILLS presented sundry petitions, collected by the Na­ standard of purity in art; which were referred to the Commit­ tionalWoman'sChristian Temperance Union of Texas, containing tee on the Quadro-Centennial (Select). · 290 individual signatures and 924 representative indorsements,­ He also presented a memorialof the Woman's Christian Home praying that no exposition or exhibitwn for which appropriat.ions Association of Utah Territory, remonstrating against the peti­ are made by Congress shall be opened on Sunday; which were tion of the present Legislative Assembly of that Territory, pray­ referred to the Committee on the Quadro-Centennial (Select). ing Congress to turn over the Industrial Home building for the Mr. BUTLER presented the petition of Mrs. L. M. Bonner, use of the common-school system of Salt Lake City; whiGh was Miss Amelia Brown, and 108 other ladies of the faculty and stu­ referred to the Committee on Territories. dents of the Female College of South Carolina; the petition of He also presented a petition of 22 citizens of Monterey County, Rev. WilliamM.Grier, president, and45 students of Erskine Col­ Cal., praying for the passage of the so-called Washburn-Hatch lege, of Due West, S.C., and the petition of J. I. Cleland, presi­ antioption bills; which was referred to the Committee on the dent, and D. M. Feuerson, clerk, ofClinton, S.C., praying that Judiciary. the World's Columbian Exposition be closed on Sunday; which Mr. STOCKBRIDGE presented a memorial of the Pittsburg were referred to the Committee on the Quadro-Centennial (Se­ (Pa.) Presbytery of the Reformed Presbyterian Church adopted lect). · at a meeting held in Youngstown, Ohio, remonstrating against He also presented the petition of T. P. Kilgore and 20 other the passage of what is known as the Geary Chinese bill; which citizens of Scarborough, S.C., praying for the passage of what was referred to the Committee on Foreign Relations. are known as the Washburn-Hatch antioption bills; which was He also presented the memorial of Franklin Squire and 54 referred to the Committee on the Judiciary. other citizens of Ithaca County, Mich.; the memorial of J. C. He also presented the petition of M. W. Penrifoy, of Denny, Harris and 25 other citizens of Midland County, Mich., and the S.C., praying for the passage of Senate bills 2824 and 2825, pro­ memorial of L. B. Kneelandand19other citizens of Ionia, Mich., viding for an equalization of rates of duty between second and remonstrating against any action by Congress looking to the third class mail matter: which was referred to the Committee closing of the World's Columbian Exposition on Sunday; which on Post-Offices and Posi-Roads. were referred to the Committee on the Quadro-Centennial He also presented a petition of the board of directors of the (Select}. South Carolina penitentiary, praying that provision be made for He also presented a peti~ion of the faculty and students of Kala­ the payment of arrears due to the State of South Carolina for the mazoo College, Michigan; a petition of the EvangelicalAlliance, dieting of prisoners; which was referred to the Committee on of Cincinnati, Ohio; a petition of the Trinity Reformed Church, Appropriations. of Wadsworth, Ohio; a petition of the faculty of Findlay College, Mr. DAVIS presented a petition of citizens of Cottonwood Ohio, and a petition of citizens of Macon, Mich., praying that County, Minn., praying for the enactment of a law imposing a the World's Columbian Exposition be closed on Sunday, that tax on transactions referred to in the measures now pending, the sale of intoxicants be prohibited thereat, and that the art known as the Washburn-Hatch antioption bills; which was re­ department be conducted according to the American standard of ferred to the Committee on the Judiciary. purity in art; which were referred to the Committee on the He also presented a petition of Tailors' Union No. 88, of St. Quadro-Centennial (Select). Paul, Minn., indorsed by the St. Paul Trades and Labor Assem­ He also presented sundry petitions collected by the National bly, praying for the pa.ssage of the bill for the abolition of the Woman's Christian Temperance Union of Michigan, containing sweating system; which was referred to the Committee on Edu­ 119 individual signatures and l,OOOrepresentative indorsements, cation and Labor. praying that no exposition or exhibition for which appropria­ He also presented a petition of Journeymen Tailors' Union No. tions are made by Congress shall be opened on Sunday; which 88, of St. Paul, Minn., indorsed by the St. Paul (Minn.) Trades were referred to the Committee on the Quadro-Centennial (Se­ and Labor Assembly, praying·for the passage of the bill prohib­ lect}. iting tourists from bringing more than two suits of clothing from He also presented a petition of citizens of Allegan County, foreignportsfree of duty; which was referred t0 the Committee Mich., praying for the passage of the Washburn-Hatch antiop­ on Education and Labor. tion bills; which was referred to the Committee on the Judi­ He also presented a petition of citizens of Albert Lea, Minn., ciary. praying for the adoption of a proposed sixteenth amendment to He also presented the following petitions of Harmony and the Constitution prohibitory of the establishment of religion, Douglass Granges, Patrons of Husbandry, of Michigan: etc.; which was referred to the Committee on the Judiciary. 1 Petitions praying for the enactment of legislation for the en­ Mr. PERKINS presented the petition of John E. Whitecraft couragement of silk culture-referred to the Committee on Ag­ and 37 other citizens of Stanton County, Kans., praying for the riculture.and Forestry. p_assage of legislation regulating speculation in fictitious farm Petition praying for the enactment of legislation to prevent products; which was referred to the Committee on the Judiciary. gambling in farm products-to the Committee on the Judiciary. He also presented a petition of the United Presbyterian Church Petition praying for the passage of House bill 395, defining and Sabbath school of Johnson County, Kans., praying for the lard and imposing a tax thereon-ordered to lie on the table. closing of the World's Columbian Exposition on Sunday; which Petition praying for the passage of a bill to prevent the adul­ was referred to the Committee on the Quadro-Centennial (Select). teration of food and drugs-ordered to lie on the table. Mr. WASHBURN presented the memorial of Dennis Huntley Petition praying for the free delivery of mails in rural dis­ and 13 other members of the Seventh-Day Adventist Church of tricts-referred to the Committee on Post-Offices and Post-Roads. Hancock, Minn.; the memori3tl of W. W. Chapman and 15 other He also presented the following petitions of Goluen and Ber­ members of the Seventh-Day Adventist Church of Redwood lin Heights Granges, Patrons of Husbandry, of Ohio: Falls, Minn., and the memorial of F. P. Marshall and 10 other Petitions praying for the passage of House bill 395, defining members of the Seventh-Day Adventists, of Fair Haven, Minn., lard and imposing a tax thereon-ordered to lie on the table. remonstrating against the passage of any bill or resolution to Petitions praying for the free delivery of mails in rural dis­ close the World's Columbian Exposition on Sunday; which were tricts-referred to the Committee on Post-Offices and Post-Roads. referred to the Committee on the Quadro-Centennial (Select). Petition praying for the passage of a bill making certain issues He also presented the petition of Charles E. Dyer and 62other of money full legal tender in payment of all debts-to the Com- citizens of Minneapolis, Minn., praying for the adoption of an mittee on Finance. • amendment to the Constitution of the United States prohibiting 1-; I I

3370 CONGRESSIONAL RECORD-SENATE. APRIL 18,

any legislation by the States respecting an establishment of re­ County, W. Va., praying for the regulation of speculation in fic­ ligion or making an appropriation of money for any sectarian titious farm products; which was referred to the Committee on purpose; which was referred to the Committee on the Judiciary. the Judiciary. He also presented a petition of the Minneapolis (Minn.) Board Mr. FRYE presented sundry petitio11S collected by the National of Trade, praying that adequate appropriation be made for the Woman's Christian Temperance Union of Maine, containing 213 improvement of the Mississippi River between Minneapolis and individual signatures andl50representa.tive indorsements, pray­ St. Paul, in the State of Minnesota; which was referred to the ing that no exposition or exhibition for which appropriations are Committee on Commerce. made by Congress shaJ.l be opened on Sunday; which were re­ He also presented a petition of the Minneapolis (Minn.) Board ferred to the Committee on the Quadro-Centennial (Select). of Trade, praying for the passage of a bill to establish a public He also presented the following petitions of Bear River tel~graphsystem under Government control; which was referred Grange, Patrons of Husbandry, of Maine: to the Committee on Post-Offices and Post-Roads. Petition praying for the enactment of legislation to p1•event Mr. ALLISON presented a petition of citizens of Fairview, gambling in farm products-referred to the Committee on the Iowa, praying for the passage of the Washburn-Hatch antiop­ Judiciary. tion bills; which was referred to the Committee on the Judiciary. Petition praying for the passage of House bill 395, defining He also presented a petition of citizens of Cedar Falls, Iowa, lard and imposing a tax thereon--ordered to lie on the table. praying for the adoption of an amendment to the Constitution of Petition praying for the free delivery of mails in rural d i&­ the United States prohibitory of an establishment of religion by tricts-referred to the Committee on Post-Offices and Post-Roads. the States or the making of an appropriation of money for any Mr. JONES of Arkansaspresentedapetitionof citizensofPope sectarian purpose; which was referred to the Committee on the County, Ark., praying for the passage of the Washburn-Hatch Judiciary. . antioption bi.l.hi; which was referred to the Committee on the Ju­ He also presented the petition of James C. Taylor Post, Grand diciary. Army of the R-epublic, of Algona, low~ praying for the passage Mr. DANIEL presented sundry _petitions collected by the Wo­

of the bill giving preference to ex-Unwn soldiers in the civil man's Christian Temperance Uruon of Virginia1 signed by 71 service; which was referred to the-Committee on Civil Service members, and a petition of citizens of Chesterfield County, Va., and Retrenchment. praying that no exposition or exhibition for which appropria~ He also presented a petition of the professors of Cornell Col­ tions are made by Congress shall be opened on Sunday; which lege, Mount Vernon, Iowa, and a petition of the United Presby­ were referred to the Committee on the Quadro-Centennial (Se­ terian Congregation, of Keota, Iowa, praying that the World's lect). Columbian Exposition be closed on Sunday, that the sale of in­ He also presented a memorial of the Board of Trade of Ports­ toxicants be prohibited thereat, and that the art department be mouth, Va.; a memorial of the Chamber of Commerce of Peters­ managed according to the standard of American purity in art; burg, Va.; a memorial of the Board of Trade of Lynchburg, Va..· which were referred to the Committee on the Quadro-Centennial a memorial of the Board of Trade of Hampton, Va.; a memorial (Select). · of the Board of Trade of Newport News, Va.; a memorial of the He also presented a memorial of members of the Seventh-Day Chamber of Commerce of Norfolk, Va..., and a memorial of the Adventi.stsChurch of Storm Lake, Iowa, and a memorialofmem­ Council Chamber of West Point, Va., remonstrating against the bers of Seventh-Day Adventists Church of Grinnell, Iowa, re­ passage of any bill changing the present pilotage system; which monstrating against any action by Congress in regard to the were referred to the Committee on Commerce. closing of the World's Columbian Expositition on Sunday; which He also presented a memorial of the Chamber of Commerce of •,.. were refered to the Committee on the Quadro-Centennial (Se­ Petersburg, Va., remonstrating against discriminations by sub­ lect). - sidized steamship lines against the coffee trade of Newport News, Mr. BATE presented sundry petitions collected by the Nationay Va.; which was referred to the Committee on Commerce. Woma,n's Christian Tern perance Union, of Tennessee-> containing He also presented a memorial of the Petersburg (Va.) Cham­ 48 individual signatures, praying that no exposition or exhibition ber of Commerce, remonstrating against the free coinage of sil­ for which appropriations are made by Congress sha1l be opened on ver; which was referred to the Committee on Finance. Sunday; which were referred to the Committee on the Quadro­ Mr. PEFFER presented a petition of 2!3 citizens of Topeka, Centennial (Select). Kans., and a petition of 122 citizens of Eskridge, Kans., praying Mr. 8AWYER presen ted a petition of citizens of Rock County, that the sale of intoxicating liquors be prohibited on the grounds Wis., praying for the passage of theWashburn-Hatch antioption of the National Soldiers' Home at Leavenworth, Kans.; which bills; which was referred to the Committee on the Judiciary. were. referred to the·Committee on Military Affairs. Mr. COCKRELL presented a petition of the committee on He also presented sundry petitions collected by the Woman~s postal affairs of the Merchants' Exchange of St. Louis, Mo., fa­ Christian Temperance UnionofKansas, signed by 103 members, voring the passage of House bill383, consolidating into one class praying that no exposition or exhibition for which appropria­ third and fourth class mail matter, and making a uniform rate . tions are.made by Congress shall be opened on Sunday; which of postage of 1 cent for each two ounces; which was referred to were referred to the Committee on the Quadro-Centennial (Se­ the Committee on Post-Offices and Post-Roads. lect}. He also presented a memorial of the St. Louis (Mo.) Cotton Mr. HILL presented the petition of Mrs. L. Wall Andersonr of Exchange, remonstrating against the issuing and publication of New York City, daug,hter of the late Maj. William Wall, of the the report of the Department of Agriculture on the distribution United States regular Army, praying that-she be granted a pen­ a.nd consumption of corn, wheat- ~ and cotton, as having a mis­ sion; which was referred to the Committee on Pensions. leading effect; which was referred to the Committee on Agri­ He also presented sundry petitions collected by the National culture and Forestry. Woman's Christian Temperance Union of Richfi.eld, Randolph Mr. COCKRELL. I present thepetition of the heirs of Cath­ Turin, DutchessJunction, and Cooyman's Hollow, N.Y., praying erine E. Nelson, deceased, for a special act authorizing the pay­ for the ratification of the Brussels treaty; which wera ordered ment to them of the accrued pension of the deceased. I move to lie on the table. that it may accompany the bill to the Committee on ;Pensions. He also presented the petition of Thurber, Whyland & Co. and The moiion was agreed t.o. other citizens of New York City, praying for an amendment to Mr. COKE presented a memorial of citizens of Br~kenridge, the tariff act approved by the President, October 1, 18"90, relat­ Tex.t remonstrating againstthe passage of ageneral bankruptcy ing to the tax on tobacco; which was referred to the Committee law; whieh was referred t.o the Committee on the Judiciary. on Finance. Mr. GEORGE presented a petition of citizens of College Hill He also presented a p6ltition of the Rochester (N.Y.) Chamber and other places in Mississippi, praying for the passage of what of Commerce, praying that an appropriation be made for a naval are known as the Washburn-Hatch antioption bills; which was reserve on the Great Lakes; which was referred to the Commit­ referred to the Committee on the J u~ciary. tee on Naval Affairs. He also presented a petition of citizens of Jefferson County, He also prese11ted. resolutions of Watertown Grn.nge, No.7, Miss., praying for the passage of what is know\1 as the B\].tter­ Patrons of Husbandry, of Watertown, N. Y.,fa.voring legislation worth option bill; which was referred to the Committee on the prohibiting aid by appropriation, etc., of any religious sect, and Judiciary. for uniform naturalization laws; which were referred to the Com­ He also presented a. petition of citizens of Mississippi, praying mittee on the Judiciary. · for such construction of the forfeiture act relative to the North­ He also presented the memorial of John H. Elting·e and other ern Pacific Railroad Company's lands as will forfeit all the lands citizens of Kingston, N.Y.; a memorial of citizens of Walkill, within the 40-mile boundaries and between the terminal limits N. Y+; a memorial of E. E. Thomas and other citizens of Tarry­ drawn at right angles with the general course of the uncon­ town, N.Y.; a memorial of citizens of Erie County, N.Y.; a me­ stru-cted road for 25 miles next to certain terin.inals of that road; morial of citizens of Forestville, N.Y.; a memorial of cifuens which was referred to the Committee on Public Lands. of LeinsterJ N.Y.· a memo1·ial of the First Methodist Epis-copal Mr. KENNA presented a memorial of citizens of Greenbrier Church of Albany. N. Y.; a memorial of John B. Hillyer and

- I 1892. ~ CONGRESSIONAL RECORD-SENATE. 3371

other citizens of New Springville, N. Y.; a memorial of the Mr. VEST, from the Committee on Public Buildings and Presbyterian, Baptist, and Methodist churches of Ripley, N.Y.; Grounds, to whom was referred the bill (S. 1611) to provide for a memorial of E. E. Walker and other citizens of New York; a the purchase of additional land in the square now occupied by melD.Qrial of the Methodist Church of East Aurora, N.Y.; and the custom-house in the city of Baltimore,Md.,and for the prep­ a memorial of citizens of Findlay Lake, N.Y., remonstrating aration of plans and specifications for a new custom-house build­ against the opening of the World's Columbian Exposition on ing, repol'ted it without amendment, and submitted a. report Sunday; which were referred to the Committee on the Quadro­ thereon. Centennial (Select). He also, from the same committee, to whom was referred the He also presented the petition of F. H. Parker Garrison, No. bill (S. 1760) to provide for the erootion of a public building in 34, Regular Army and Navy Union, West Troy, N.Y., praying the city of Fort Madison, Iowa, reported it without amendment, !or an amendment to the law providing for the retirement of en­ and submitted a report thereon. listed meil in the Army and Navy of the United States; which Mr. VEST. I am directed by the Committee on Public Build­ was referred to the Committee on Military Affairs. ings and Grounds, to whom was referred a resolution in regard He also presented the following petitions of Occanum, Wright to constructing a shelter on the eastern approach to the Capitol Settlement, South Shore, Villenova, Lenox, Sauquoit, Beaver for the inauguration ceremonies, to report it back with the rec­ Falls, North Scriba, Glen, Denmark, Auriesville, and Bethlehem ommendation that it be indefinitely postponed, and accompanied Granges, Patrons of Husbandry, of New York, and the petitions by a written report. I ask that the resolution go upon the Cal­ of citizens of South Greece, North Galway, Pharsalia, Glen, Har­ endar, and that the report be printed. risburg, Carajoharie, Freetown, and Amsterdam, N. Y. The VICE-PRESIDENT. It will be so ordered. Petitions praying for the enactment of legislation to prevent Mr. WOLCOTT, from the Committee on the Library, to whom gambling in farm products-referred to the Committee on the was referred the bill (8. 2248) to appropriate $18,484.57 for the Judiciary. completion and dedication of the monument commemorating the Petitions praying for the passage of House bill 395, defining surrender of Burgoyne at Saratoga, reported it without amend­ lard and imposing a ta.x thereon-ordered tolie on the table. ment, and submitted a report thereon.

Petitions praying for the passage of a bill to prevent the adul­ Mr. FRYE, from the Committee on Commerce1 to whom tha teration of food and drugs-ordered to lie on the table. subject was referred, reported a bill (S. 2915) to amend section Petitions praying for the free delivery of mails in rural dis­ 4415, Title LIT, Revised Statutes of the United States, "Regula­ tricts-referred to the Committee on Post-Offices and Post-Roads. tion of steam vessels;" which was read twice by its title. P-etitions praying for the passage of a bill making certain is­ Mr. FRYE. I report the bill under the suggestion of a com­ sues of money full legal tender in payment of all debts-to the munication from the Secretary of the Treasury which accom­ Committee on Finance. panies the bill, and the reasons there are given for it. Let the PRESIDENTIAL APPROVALS. communication of the Secretary of the Treasury go with the bill. A message from the President of the United States, by Mr. 0. The VICE-PRESIDENT. The bill will be placed on the Cal­ L. PRUDEJ.'l,o:Qe of his secretaries, announced that the President endar, and the accompanying paper will be printed. had on the 15th instant approved and signed the following acts: REPORT OF COMMISSIONER OF LABOR. An a9t (S.18) for the relief of EdwardS. Armstrong; Mr. HAWLEY. I am directed by the Committee on Printing An act (S. 440) to authorize the construction of a bridge across to report favorably the concurrent resolution which I send to the the Missouri River between the city of Chamberlain, in Brule desk. County, and Lyman County, in the State of South Dakota; The concurrent resolution submitted by Mr. MANDERSON An act (S.1643)authorizing the VelascoTerminalRailwayCom­ March 9, 1892, w~ read, as follows: · pany to construct a bridge across the Brazos River, in the State .Resolved by the Senate (the House of .RepresentativeB C01U:U1'ring), That. there of Texas; and be printed 36,000 copies, in cloth binding, of the annual report otthe Com­ An act {S.16-15) making Velasco a subportof entry. missioner o! Labor relating to cost o! production, earnings, emciency of labor, and cost o! living, 16,000 copies for use of members of the House of REPORTS OF COMMITTEES. Representatives, and 8,000 copies for use o! members of the Senate, a.ndll,OOO Mr. WILSON. By direction of the Committee on the Judi­ copies for the use of the Department of Labor. icary I report back favorably without amendment the bill (H. R. Mr. HA LEY. The resolution is in the usual form. The 7020) to crealie a third division of the district of Kansas for judi­ number provided for is that ordered by the bill on printing which cial purposes, and to fix the time for holding court therein. has passed the Senate. By an accident, for which the Commit­ Mr. PERKINS. The bill is brief, and if there be no objection mittee on Printing is not responsible, the resolution has been for I should like to ask for its present consideration. some time delayed. I ask that the Senate act upon it now. The VICE-PRESIDENT. The bill will be read for informa­ The concurrent resolution was considered by unanimous con­ tion. sent, and agreed to. The Chief Clerk read the bill. CHEROKEE INDIAN LANDS. The VICE-PRESIDENT. Is there objection to the present consideration of the bill? Mr. HAWLEY. From the Committee on Printing I l"'eport a Mr. MORGAN. I object to its present consideration. a resolution to print 500-copies of certain Senate executive do­ The VICE-PRESIDENT. Objection is made, and the bill will cuments, being a message from the President and a letter from be placed on the Calendar. the Secretary of the Interior relating to the agreement with the Mr. HOAR, from the Committee on the Judiciary, to whom Cherokee Indians. The res-olution was offered by the Senator was referred the bill (S. 7'11) requiring transcripts of judgments from Missouri [Mr. COCKRELL]. It is a matter of current busi­ I· obtained in the United States courts to be filed with county of­ ness, and if there be no objection I ask that it be acted on now. ficers having charge of judgment records in certain cases, re­ The Senate, by unanimous consent, proceeded to consider the ported it with amendments. resolution; which was read, as follows: .Resolf!ed, That there be printed for the use of the Senate 500 c.opies of Sen· He also, from the same committee, to whom was referred the ate Executive Document 56, first session Fifty-second Congress, being ames­ bill (H. R. 5816) to regulate the manner in which property shall sage of the President submitting an agreement with the Cherokee Indians be sold under orders and decrees of any United States court, re­ for the cession of certain lands, and Senate Executive Document 63, being a letter of the Secretary of the Interior relative to the title by which the Chero­ ported it with amendments. kee Nation hold the Cherokee Outlet, said copies to be delivered to the Senate J\1r. HOAR. I am directed by the Committee on the Judici­ document room. ary, to whom was referred the bill (S.195) providing that notice of the sale of real estate sold under the order, judgment, or de­ Mr. COCKRELL. The Senator from Massachusetts [Mr. cree of a United States· court shall be published in the county DAWES] asks me if this printing includes the bill which was sent and State where the property is located, and that the property here by the Department. I presume it does. after notice be there sold, and for other purposes, to report Mr. DAWES. I think it is a part of the document. it adversely, the provisions of the bill having been incorpo1·ated Mr. COCKRELL. The two documents give all the informa­ in the bill just reported. I move that this bill be indefinitely tion on the subject. There are quite a number of calls for it, postponed. and it ought to be printed. The motion was agreed to. The resolution was agreed to. Mr. CAREY, from the Committee on Public Buildings and BILLS INTRODUCE.D. Grounds, to whom was referred the bill (S. 2801) for the erection Mr. WILSON introduced a bill (S. 2916) for the relief of David of a public building in the city of Jamestown, N.Y., reported it H. Thompson; which was read twice by its title, and referred without amendment, and submitted a report thereon. to the Committee on Military Affairs. Mr. TELLER, from the Committee on the Judiciary, to whom Mr. PADDOCK introduced a bill (S. 2917) to remove the charge was referred the bill {S. 1842) to fix the fees of jurors and wit­ of desertion from the military record of Marcus Franklin; which ne~ses in United States courts in the State of Wyoming, reported was read twice by its title, and, with the accompanying papers, it with amendments, and submitted a report thereon. referred to the Committee on Military Affairs.

I 3372 CONGRESSIONAL RECORD-SENATE. APRIL 18,

Mr. ~LLEN~ntroduced a bill (S. 2.918) topro~defor the survey Louisa S. Guthrie, widow and executrix of John J. Guthrie ·de­ of pubile lands m the State of W ashmgton; which was read twice ceased; which was read twice by its title, and referred to' the by its title, and raferred to the Committee on Public Lands. Committ:::e on Claims. He also (by request) introduced a bill (S. 2919) to extend to Mr. C?OCKRELL ~trodnced a bill (S. 2928) for the relief of Alaska the benefit of the laws encourao-ing in the several States th~ he1r~ of. Catherme E. Nelson, deceased; which was read and Territories instruction in agricult~re and the mechanic arts· twice by Its title, and referred to the _Committee on Pensions. which was read twice by its title, and referred to the Committe ~ AMENDMENTS TO BILLS. on Agriculture and Forestry. Mr. SANDERS introduced a bill (S. 2920) to establish a sub­ Mr. WI~SON subiD;itted a~ amendment intended to be pro­ port of. entry; which was read twice by its title, and referred to pos~d by him to the diplomatic and consular appropriation bill; the Committee on Commerce. which was referred to the CommitteeonAppropriations and or- Mr. VEST introduced a bill (S. 2921) to prohibit the makino­ dered to be printed. ' . any contract by the Postmaster-General with any steamship Mr: ALLEN submitted an amendmentintended tobeproposed COID;pany or common carrier that makes unjust discrimination by him to the sundry civil appropriation bill; which ·was re­ agamst any port of the United States, as to imports, for carrving fe~red to the Committee on Foreign Relations, and ordered to be the foreign mails; which was read twice by its title. ~ prmted. · Mr. VEST. In connection with the bill, before asking its .He also submitted an amendment intended to be proposed by him to the sundry civil appropriation bill; which was referred refer~nce to th~ Committee on Commerce, I desire to submit certain resolutiOns of the Merchants' Exchano-e of the city of to the Committee on Public Lands, and ordered to be printed. St. Louis. These resolutions call attention t~ the fact as al­ .He also sub~itt~d two amendments intended to be proposed by leged, the existence of I know nothing per;onally, hin;t to the legislative, executive, and judicial appropriation bill; abou~ wJ;i~h which were referred to the Committee, on the Judiciary and or- ~hat the Umted S~~san~ Brazilian Steamship Company, which dered to be printed. ' ~s one of th~ subsidized lines under the act of Congress provid­ mg for special contracts in regard to carrying foreign mails .He also su!Jmitted ten amendments intended to be;proposed by has ~efused to deliver coffee imported into this country fro~ hrm to the river an?- harbor appropriation bill; which were re­ Brazil at the port of Newport News. It is stated in this series ferred to the Committee on Commerce, and ordered to be printed. of resolutions, and it has been largely circulated in the public ~r. ~LLEN. I submit an amendment to be proposed to the legislative, executive, and judicial appropriation bill proposing prints, tJ;at the president and pri.J;lcipa~ owner of that company has -publicly announced that the hne will not hereafter deliver to appropriate $1,590 for th'3 establishment and support of a any Importe-d coffee at that port on account of objections made b ~ anch hyd;ographlC office at Port Townsend, Wash., including to such delivery by merchants in the city of NewYork. sal~ry, stat~onery, office expenses, rental, if any, and collection As a matter of course the Western and Southern country is of informatiOn. I amnotcertain whether the amendmentouO'ht to ba referred to the Committee on Commerce or the Committee ve;y _larg:ely and,.I might sa:y, v~tally interested in any suchdis­ crrmmatwn as this, because It directly affects the retail dealers on Naval Affairs. I ask for instruction. and even the wholesale dealers of the Western cities and towns. The VICE-PRESIDENT. The proposed amendment will be I present these resolutions in connection with the bill and ask r eferred to the Committee on Commerce if there be no objec- their reference with the bill to the Committee on Commerce tion? ' from which committee originated the original measure. ' Mr. DANIEL. I beg leave to offer an amendment intended to The VICE-PRESIDENT. The bill andaccompanving memo­ be proposed to the naval appropriation bill appropriating $300,­ rial will be referred to the Committee on Commerce~. ~0 for the naval rendezvous and review in 1893, and I move that Mr. DANIEL. I beg leave to stat-e in connection with the res­ It be referred to the Committee on Naval Affairs. olutions which have been submitted by the Senator from Mis­ The motion was agreed to. souri that I haye resolutions to the same purport from a number Mr. HALE subsequently said: What disposition was made of of boards of trade in different cities of this country which I shall the amendment to the naval aJ>propriation bill submitted by the present perhaps to-mm·row or the next day, and in connection Senator from Virginia in regard to the naval review? with which I shall desire to submit a few remarks. ~r . DANIEL. ~er:haps it ought to be referred to the Com­ I wish now, as the bill and resolutions have been offered, to call mittee on AppropriatiOns. the attention of the committee to whom they have been referred Mr. HALE. If the Senator will have it referred to the Com­ to the fact that a very injurious discrimination is being made ~ittee on Naval Affairs, that committee will undoubtedly report against the commerce of our seaboard, which affects not only It as an amendment to the naval appropriation bill. t:t;e Southern country but the West and Northwest in a very Mr. DANIEL. It was referred to the Committee on Naval VItal manner, and to express the hope that the committee may Affairs. find some remedy for this egregious invasion of the equal rio-hts The VICE-PRESIDENT. It was .so referred. Mr. HALE. Very well. of the people affected by this wron~. b Mr. COCKRELL. As bearing directly upon this subject Ide­ Mr. PETTIGREW and Mr. POWER ·submitted amendments sire to present resolutions of the Associated Wholesale Grocers in~n~ed t_o be pr:oposed by them to the river and harbor appro­ of St. Louis, Mo., referring to this matter of discrimination and priatiOn bill; which were referred to the Committee on Com­ protesting against it, and asking such legislation as will prevent merce, and ordered to be printed. this unjust and partial proscription of trade in the West and BOSTON HARBOR IMPROVEMENT. South. Mr. HOAR submitted the following resolution; which was con­ I also present a memorial of the Merchants' Exchange of St. sidered by unanimous consent, and agreed to: Louis, remonstrating against this discrimination against trade at Resolved, That the Secretary of War be directed to inform the Senate at his Newport News. I ask that the memorials may be received in earliest convenience, what would be the cost of deepening the main channel j of Boston Harb

. \ '· 1892 . . CONGRESSIONAL RECORD-SEN ATE. 3373

the resolution that there is now a good deal of interest being sirous of having this road extended farther down into the business taken by farmers in different portions of the country, and more portion of the city, and an arrangement has been made by which especially in the prairie region, as to the use of electrical power this company is allowed to use the tracks of the Metropolitan and . . in farm machinery. I am receiving a large number of letters the Eckington roads, so as to bring them into the center of the from persons engaged in like investigations. I have recently city and come back again to the market and connect the road been presented with an illustration of the application of elec­ without building any further tracks. That arrangement has trical power in compressing hay that is now in practical opera­ been made, and it has been ag~eed to by all the companies con­ tion in Italy. I have information likewise in regard to the gar­ cerned. It simply brings the people who use the road down far­ deners in and about the city of Paris that they are using electri­ ther into the center of the city, and does not require any more cal influences in the propagation of plant life. We are also un­ tracks to be built. dertaking the same thing here, and I have reliable information Mr. VEST. I ask the chairman of the committee what is the • that already a plow has been driven through the soil of Kansas motive power to be used? by electrical power. Mr. McMILLAN. Horse cars. It isanoldhorse-carroad. It My object in introducing the resolution is to obtain what in­ is a roa-d that does not do a great amount of business. formation we can from foreign sources concerning this same Mr. VEST. When was the bill reported? matter. I believe it will not be long until largely horse power The VICE-PRESIDENT. On the 7th of March. and s"team power will be superseded in farm work. There is Mr. McMILLAN. The bill simply extends the line into the some necessity of that kind now apparent among the Western heart of the city, using the tracks of other companies. farmers particularly, where there is so much competition with Mr. VEST. Itprovides, then, for branches? large ranches and large landed estates. I therefore hope that Mr. McMILLAN. No, nothing of the kind, but simply that the Senate will grant the request that I have asked in the reso­ they may use the tracks of the old company and come back to lution. the market and goon theirown tracks. It doesnotextend their Mr. SHERMAN. I should like to have the resolution read own road at all. again. Mr. PADDOCK. The object is to form a loop? · The Chief Clerk read the resolution. Mr. McMILLAN. Itissimplytoaccommodatethe peoplewho The VICE-PRESIDENT. The question is on agreeing to the use the road, so as to bring them down to the heart of the city. resolution. The bill was reported to the Senate as amended, and the amend­ The resolution was agreed to. ments were concurred in. CHINESE IMMIGRATION. The bill was ordered to ba engrossed for a third reading, read Mr. SHERMAN. I give notice that to-morrow, or as soon the third time, and passed. · thereafter as possible, I shall endeavor to call the attention of AGREEMENT WITH THE KICKAPOO INDIANS. the Senate to what is called the Chinese restriction bill, so that Mr. DAWES. Mr. President, the first bill on the Calendar the Senate bill and the House bill may be considered. The reasons has been taken up two or three times and then laid aside. I ask for early action are apparent to all Senators. The bill must be that it may be now taken up and disposed of. passed within twenty days in the form of law, if it is to be passed There being no objection, the Senate, as in Committee of the at all, as the treaties expire, it ·is believed, some time in the Whole, resumed the consideration of the bill (S. 1797) to ratify month of May. and confirm an agreement with the Kickapoo Indians in Okla­ ANACOSTIA AND POTOMAC RIVER RAILROAD. homa Territory. The VICE-PRESIDENT. Is there further morning business? The VICE-PRESIDENT. This bill has heretofore been read If not, that order is closed and the Calendar under Rule VIII is at length and all the amendments of the committee agreed to. in order. The first bill on the Calendar will be stated. The question is: Shall the bill be reported to the Senate and The bill (S. 1742) to amend the act · giving the approval and the ame;ndment-s made as in Committee of the Whole concurred sanction of Congress to the route and termini of the Anacostia in? and Potomac River Railroa-d in the District of Columbia was an­ The bill was reported to the Senate as amended, and the amend­ nounced as first in order, and the Senate, as in Committee of the ments were concurred in. Whole, proceeded to its consideration. The bill was ordered to be engrossed for a third reading, read The bill was reported from the Committee on the District of the third time, and passed. Columbia with amendments. The preamble wa-s agreed to. The first amendment was, in section 1, line 7, after the word DAVID DEALY AND MARY YOUNKIN. "to," to strike out the following words: The bill (S.1504)for the relief of David Dealy and Moses Youn­ Lay tracks and run cars thereon from the intersection of its tracks on Sixth street with B street north; along Sixth street to F street north; along F kin was considered as in Committee of the Whole. street to Eleventh street west; along and with the line of Eleventh street The bill was reported from the Committee on Public Lands to B street north; along B street north to its tracks on said B street near with amendments, in section 1, line 5, after the word "laws" to Center Market; insert " if he is duly qualified;" in line 8, af~r the word z, al­ and to insert in lieu thereof: low,"to insert" Mary Younkin, widow of;" in line 9, after the Make the necessary connections and switches and run cars as follows: From word'~ laws," to insert'' if the said Moses Younkin, whm: living, the intersection of its tracks at Ninth street with B street NW ., north on Ninth street toG street NW., over the tracks of the Metropolitan Railway Com· was duly qualified;" and in line 15, before the word "Younkin," pany; thence west on G street NW. to Eleventh street NW., over the tracks to strike out "Moses" and insert" Mary;" so as to make the of the Eckington and Soldiers' Home Railway Company; thence south on section read: Eleventh street toE street NW. and east onE street to Ninth street, on the tracks of the Capitol, North 0 Street and South Washington Railway Com­ That the Commissioner of the General Land Office be, and is hereby, au­ pany; thence south on Ninth street to B street on the tracks of the Metro­ thorized and directed to allow David Dealy to enter, under the homestead politan Railway Company. · laws, if he is duly qualified, the north half of the northwest quarter and lots 3 and 4 of section 16, in township 38 north, of range 2 east, of the Willamette, • The amendment was agreed to. meridian, and to allow Mary Younkin, widow of Moses Younkin, to enter The next amendment was, in section 2, line 1, after the first -under the homestead laws. if the said Moses Younkin when living was duly qualified, the north half of the northeast quarter and lots 5 and 6 of section16, word" that," to strike out" should" and insert" where;" in line in township 38 north, of range 2 east, of Willamette meridian, both of said _2, after the word "authorized," to strike out "coincide" and in­ tracts lying in Whatcom County, in the S~ate of Washington. and to issue sert" coincides;" and in line 4, after the word" used," to strike patents to the said David Dealy and Mary Younkin for the resJ)ective tracts out" when, on account of the wiclth of the street or for other hereby authorized to be entered by them upon their making such proof as is - required by existing laws and executive re~ tions of compliance with there­ sufficient reason, it shall be deemed necessary by the Commis­ quirements of the homestead laws: Erovtded, That the State of Washington sioners of the District;" so as to read: by the proper State officer or officers thereto duly authorized by the laws of . That where any part of the track extension herein authorized coincides said State, or if no such officer or officers be so authorized then by a legislative with portions of any other duly incorporated street railway in the District act, shall signify assent to the entries hereby authorized in such manner as of Columbia, but one set of tracks shall be used. shall bar the said State from asserting in future any right to the described land under the grant of lands to said State for school purposes. The amendment wa-s agreed to. The amendment was agreed to. The next amendment was, in section 2, line 7, after the word "rights," to strike out;, may" and insert "shall;" so as to read: The next amendment was in ection 2, line 6,after the word "sur­ And the relative conditions of use and of chartered rights shall be adjusted veyed," to insert '' nonmineral;" so as to make the section read: upon terms to be mutually agreed upon between the companies, or, in case SEC. 2. That when the said State of Washington shall have signified her of disagreement, by the supreme court of the District of Columbia, on peti· assent to the entries authorized by this act the proper officers of said State shall tion flied therein by either party and on such not,ice to the other party as be entitled to select, on behalf of said State, other land of area equal to that to the court may order. be covered by said entries, such land to be selected from any surveyed non­ mineral and unoccupied public lands of the United States lying within the -I The amendment was agreed to. State of Washington, and to be held by said State as school land, as other Mr. McMILLAN. This bill is for the purpose of extending lands granted or selected for school purpose,s are held under existing laws. the tracks of the Anacostia Railroad, the railroad which begins The amendment was agreed to. over atAnacostiaand crosses the Navy-Yard bridge and extends The bill was-reported to the Senate as amended, and the amend­ down as far as the market. The people in Ana~ostia are very de- ments were concurred in. .- ....

3374 ·~ -CONGRESSIONAL RECORD-SENATE. APRIL 1

I The bill was ordered to be engrossed for a third reading, t:ead [House Rep01·t No. 70, Fiftieth Oongre s, fir ·t ession.3 the third time, and passed. The Committee on the Public Lands, to whom was referred the bill (H. R. 1235) granting to the State of California 5 per cent of the net proceeds of th~ The title was amended so as to read "A· bill f.or the relief of cash sa,les of public land:; in said State, make the following report: David Dealy and Mary Younkin." A similar bill was reported from this committee in the Forty-eighth and AMEMDMENTS TO ARTICLES OF WAR. Forty-ninth Congresses, and also reported in the Senate in the Forty-..,eventh, Forty-eighth, and Forty-ninth Congresses, and passed the Senate in the lat­ The bill1S. 2410) to amend the Articles of War, and for other ter Congress, but was not reached on the Calendar in the House. purposes, was considered as in Committoo -of the Whole. This bill is in accord with settled legislative precedents tollowed and ad­ hered to by Congress in the case of every other public-land State heretofore ~. The bill was reported to the Senate without amendment, or­ admitted into the Union. It makes no grant other 'than or different from dered to be engrossed for a third reading, read the third time, that made by Congress to every other public-land State in the Union. but and passed. simply places California. upon a.n ~ual footing and the same plane with all • other public-land States in regard to existing laws relating to the 5 per cent MESSAGE FROM THE HOUSE . of the net proceeds of the cash sales or the public lands in said States respect- A message from the House of Representatives, by Mr. T. 0. ively. - California, unlike the other new or public-land States, entered the Uniou TOWLES, its Chief Clerk, annotmced that the House had agreed to without any enabling act; but the third section of the act under which she the amendment of the Senate to the bill (H. R. 5978) to ext-end was admitted into the Union shows that the United States attached all the the time for making assessments for real estate, etc. conditions to her admission, so far as those conditions could be performed by California, as were attached to the admission of all the other public-land The· messaO'e also announced that the House had passed the States. But the United States have. u:p to this late date, failed, and, in the bill (S. 113) k> establish a military post near Little Rock, Ark., opinion of very many of her J?60ple UnJUStly delayed to give to California, in with an amendment, in which it request-ed the concurrence 'Of consideration of those conditions, that equivalent which has been heretofore given to all the other public-land States named in the preamble of this bill. the Sez..ate. While all the other public-land States ha.ve already received this 5 per cent The message further announced that the House had passed a grant as an equivalent or as an indemnity for considerations by them sm·­ concurrent resolution providing for the printing of the .eulogies rendered to the United States, California. is the only public-land State which, having surrendered like considerations to the United States, has not a.s yet delivered in Congress upon the Ron. John R. Gamble, late a received this 5 per cent grant as a similar equivalent m· indemnity for the Representative from the State of South Dakota. surrender of sbnilar considerations. Section 3 of the act of her admission, approved September 9,1850, is as fol­ The m.essage also announced that the House had passed the lows: following bills; in which it requested the concurrence of the Sen­ "SEc. 3. And be it furtker enacted, That the said State of Callfornia is ad­ ate: mitted into the Union upon the express condition that the people of said A bill {H. R.3202) to pension Nancy E. Renfro; . State, through their Legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pa.ss no law A bill (H.R. 4488) granting a pension to James A. Davis; and do no act whereby the title of the United States to and right to dispose A bill {H.R.5133) to authorize the Marinette and Western of the same shall be impaired or questioned; and that 'they shall never lay Railroad Company to construct a railroad through the Menomo­ any tax or assessment of any description whatsoever upon the public do­ main ofthe United States; and in no case shall nonresident proprietors who nee Reservation, in the State of Wisconsin; and are citi:zens of the United. States be taxed higher than residents; and that all A bill (H.R. 7519) to authorize the appointment of clerks of the the navigable waters within the said State shall be common highways, and United States .circuit and district courts of Mississippi City, in forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor." the State of Mississippi. A condition common to all t.he public-land States upon their admission to YELLOWSTONE NATIONAL PARK. the Union, and in ~onsideration of which the United States granted to them 5 per cent of the net proceeds of the cash sales of the public lands within their The bill (S. i84:3) to provide for the punishment of offenses com­ limits, was that they should never impose any tax upon the public lands or mitted in the Yellowstone National Park was announced as next the United States within their respective limits, and that condition, together with other conditions and similar to those imposed upon the other public· in order. land States, is thus found incorporated in the very act admitting Calif!Jrnia Mr. VEST. Mr. President, let that bill go over. I wish to into the Union; and California, by accepting such conditions is likew1se ir· examine it. revocably bound to observe them all just the same as the other public-land States are bound to do. The VICE-PRRSIDENT. The bill will be passed over. Therefore the United States have already received. trom lCalifornia, and .- PUBLIC LAND SALES IN CALIFORNIA . that, too, in advance, the identical considerations for this grant as a full equivalent or as the indemnity now proposed to be made to her under the The bill (S. 1486) granting to the State of California 5 per cent terms of this bill, and which is the consideration the United States reneived of the net-proceeds of the cash sales of public lands in said State from every-one or the other public-land States for. making similar grants to them, and that, too, without a single ex~ption as to any- public-land State wa considered as in Committee of the Whole. except that of California, which ill this regard stands sollta~·y and alone. Mr. SHERMAN. Mr. President, I should like to know what California, in contemplation of the objects ot the Constitution of the United is the estimate of the amount involved by the bill? States-that all the Statesof this Union shall in all respects be as nearly equal as possible, and that all the new public-land States shall in all respects be as Mr. PADDOCK. I think it is something more than a half nearly equal to each other as possible-was therefore admitted into and is million dollars; inqeed it is probably over $700,000. now in the Union, not on a footing of difference, but on one of perfect equal­ Mr. ALLISON. Let the report be read. ity with each and all of the other public·land States so tar as this 5 per cent gra.Qt or claim is concerned. The VICE-PRESIDENT. The report will be read. Your committee therefore recommend the passage of the bill. Mr. PADDOCK. There is no written report .accompanying Mr. SHERMAN. Mr. President, if California is the only this bill at this session. The bill passed the Senate in the last State to be affected, I am somewhat surprised that some provi­ Congress and was reported favorably by the committee of the sion has not been made before. The titles in California are some­ House and placed on the Calendar, but not reached for want of what peculiar. California cameinto'the Union as an organized time. community, and most of the titles, I suppose, had been granted The ~bject of the bill is simply to place California on the same under Mexican or Spanish authority. . footing as all the other States in respect to the payment of 5 per Mr. PADDOCK: This does not touch the Mexican grants, cent of the net proceeds of the sales of public lands. I have here but the public lands within surveys. now the report of the House committee which was incorporated Mr. SHERMAN. I will ask the Senator whether, under this in the reportoftheSenatorfromOregon[Mr. DOLPH], the chair­ . bill as it is now framed, the 5 per cent on lands granted to rail­ man of the Committee on Public Lands of the Senate, presented road companies will be included? t the last Congress. If the Senator so desires, that report can Mr. PADDOCK. Not at all. These acts are all alike in re­ be read. The only thing in the present situation is that this pro­ spect of these accounts. They are all treated in the same way vision which has been made for all the other States has not been in administration. The Government has never accounted at aU made for California, and as a rnatter of decency it should be made for the 5 per cent of the proceeds of land grants. They are dis­ :at once. posed of by the railroad companies themselves. On these grants / The VICE-PRESIDENT. The report will be read. themselves, as such, there is no allowance. The Secretary read the following r-eport, submitted by Mr. Mr. SHERMAN. Does the Senator understand that this DoLPH January 8, 1890: places California simply upon the same basis as the other States? The Committee on Public Lands, to whom was referred th(l bill (S. 269) granting the State of California 5 per cent of the net prooeeds of the cash Mr. PADDOCK. Exactly on the "Same basis as all the other ·. . sales of the public lands in said State, having duly considered the same, re- States. An exception was made in the case of California from spectfully report: . . the fact that she had no preceding Territorial government and A bill similar in its provisions was reported favorably by this comm1ttee and passed the Sen-ate at the last Congress, and was favorably recommended had no enabling act, but the same req~il:ements that a;e found for passa.ge by the House Committee on Public Lands, but failed to be reache in all the enabling acts for the adm1sswn of States mto the on the Calendar in tbe House. Union are found in the law admitting California when she was House Reports Nos.179 and 70, Fiftieth Congresst first session, were made on said Similar bill and are now submitted herewitn as a part of this repor~. admitted, and California has complied with all those acts iu all The committee recommend that the bill do pass. respects just like all the other State~. .- Mr. COCKRELL. If that be so, permit me to a k why it is [House Rep<>rt No. 179, Fiftieth Congress, first sesslon.l that California has not been paid as the other States have been? The Committee on the Public La.nds, to whom was referred the bill (S. 418) granting to the State of California "5 per cent of the net proceeds of the cash Mr. FELTON. For the reason, I will say to the Senatorfrom sales of public lands in said State, report as follows: Missouri, that California has suffered in a great many ways, The bill is identical with House bill No.l235. The committee has reported not that alone. It has been so with her Indian wars; it has been the latter bill and has recommended its passage. · For the reasons stated in the report thereon (Report No. 70), also recom­ so with othe-r appropriations. It is simply because the matter mend the passage of the present sa1d Senate bill. has not been considered. , \

., . ' ~ .... ., 1892. CONGRESS! ON AL RECORD-SEN ATE. 3375

Mr. PADDOCK. Mr. President, in the earlier acts, prior to for such territorial governments. In this case California saved 1857, the money coming from the net proceeds of the sales of to the United States Treasury every dollar of such expense and these lands under the 5 per cent plan was req_uired to be used by was ready, without such incohate form of Statehood to make its the States for internal improvements, the bu1lding of roads and application for admission. It was the most econoru.icahy admitted canals, but it was not practicable to make use of money in Cali­ of any of all the public-land States. That is the difference, and fornia on such aJt~~~~a~~r~~~fc~~tf~~~~fra~~n~M~J ~~~ no injustice on the part of Congress towards California-not one Representatives in Congress. SEC. 3. And beitfw·tlur macted-, That the said State of California is admitted particle-in this matter, and I beg to say to the Senator that I into the Union upon the express condition that the people of said State, through think he is very greatly mistaken on that point. The United their Legislature or otherwise, shall never interfere with the primary disposal ., States has done everything it agreed to do with California when of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to and right to dispose of the same she came into the Union. There was no promise in the act ad­ shall be impaired or questi-oned; and that they shall never lay any tax or as­ mitting California that she should have 5 per cent of the net pro­ sessment of any description whatsoever upon. the public domain of the United ceeds of the sales of public lands. If there had been, they would StatesJ and in n-o case shall nonresident proprietors who are citizens of the Unitea States be taxed higher than res1dents; and that all the navigable not need the passage of this bill. waters Within the said State shall be common highways, and forever free, as Mr. PADDOCK. If the Senator will allow me, I wish to say well to the inhabitants of said State as to the citizens of the United States, to him right here, that there was no enabling act in the case of Without any tax, impost, or duty therefor: Provided, That nothing herein contained shall be construed as recognizing or rejecting the propositions ten­ California, as there had been in the case of other States, in which dered by the people of California as articles of compact in the ordinan.ce that provision had always been uniformly placed. adopted by the convention which formed the constitution of that State. Mr. COCKRELL. But there was an enabling act authorizing Approved September 9, 1850. California to be admitted into the Union. Mr. PAD DOCK. That is the usual provision in all such cases. Mr. PADDOCK. Yes; there was an act passed admitting it. Mr. COCKRELL. This simply admitted the State and did Mr. COCKRELL. There was no provision put in there, and not refer to these compacts. I should think upon principles of consequently the State had no right on earth to any such thing, equity and fair dealing having been admitted upon an equal except a mere equity. If she had it in the act of admission, as footing with the original States in all respects whatever, that as the other States had, the Government officers would have paid a public-land State it ought to be placed upon an equality with it. That is what strikes me in the case. the other public-land States, and the"re being no provision here, Mr. PADDOCK. I should like to say in answer to that­ and I do not know of any legislation which could prevent it, I 'Mr. COCKRELL. It is not w-orth while to consume further withdraw my objection to the bill, Mr. Presi-dent. time this morning with this bill. I ask that the bill may be laid The VICE-PRESIDENT. The objection to the consideration over until to-morrow, so that we can look into the act of admis­ of the bill being withdrawn, the question is, Shall the bill ba re­ sion and see whether California did not receive some other eguiv­ ported to the Senate? -alent for that equal to the 5 per cent at the time she was ad­ The bill was re.ported to the Senate without amendment, or­ mitted. dered to be engrossed for a third reading, read the third time, Mr. PADDOCK. Ifirstwanttostatemytheorywhyitwasnot and passed. put into the act of admission, and that is that there was no preced­ . ·The VICE-PRESIDENT. The ques tion is on agreeing to the ing territorial form of government. California was admitted preamble. straight. In all other cases of public-land States there had been Mr. PADDOCK. I am disposed to mov-e to strike outthepre­ precedent territorial governments. N-ow, that very fact is in amble. If that meets the ooncurrence of' the Senator fr-om Mis­ fav-or of Callfornia, because always where there have been pre­ souri, I think it had better be stricken out. ceding territo1·ial governments there have been great expenses Mr. COCKRELL. Thepreambleamountstonothing. Itonly to which the Gove~·nment of the United States has been subjected encumbers the record. _

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3376 CONGRESSIONAL RECORD-SENATE. APRIL 18,

Mr. PADDOCK. I move to strike out the preamble. the disposition of causes in the Court of Claims: the pending The motion was agreed to. question being on the amendment submitted by the Senator from ANACOSTIA AND PO.TOMAC RIVER RAILROAD. Virginia [Mr. DANIEL]. Mr. McMILLAN. I move to reconsider the vote by which . Mr. HOAR. According to the understanding last week, I de­ the Senate this morning passed the bill (S. 1742) to amend the sire to call up, as a privileged question, the motion to reconsider act giving the approval and sanction of Congress to the route the vote by which the Senate passed the bill (S. 2729) to amend and termini of the Anacostia and Potomac River Railroad in an act entitled 'An act to establish circuit courts of appeals, and the District of Columbia, with the view of substituting for the to define and regulate tn certain cases the jurisdiction of the Senate bill a House bill on the same subject, which is on the courts of the United States, and for other purposes." I desire Calendar. to move to lay the motion to reconsider on the table, but I do The VICE-PRESIDENT. If there be no objection the vote not propo£e to make that motion if anybody wishes to be heard by which the bill referred to by the Senator from Michigan was upon it. passed will be reconsidered, and the bill will be indefinitely Mr. PALMER. Has the motion to reconsider baen entered? postponed. The Chair hears no objection, and it will be so or­ Mr. HOAR. It is merely pending. I will move to lay that dered. m:>tion on the table, but I do not wish to do that if the Senator Mr. Mc:MILLAN. I now move to take up Order of Business from Florida [Mr. CALL] desires to address the Senate upon it. 463, being House bill 2786. Mr. PALMER. I should like to state to the Senator from The motion was agreed to; and the Senate as in Committee of Massachusetts that the SenatJr from Florida, before he left, the Whole proceeded to consider the bill (H. R. 2786) to amend asked· me to call attention to thissubjec~and to invite the atten­ the act giving the approval and sanction of Congress to the route tion of the Senate again to one_ particular claus3 in the bill. and termini of the Anacostia and Potomac River Railroad in the Mr. HOAR. It is not my pUl·pose to make this motion until District of Columbia. the 4ebate on the motion to reconsider is over, if there b3 any, Mr. COCKRELL. I should like to ask the Senator in charge of course. of that bill if the object is the same and the language is the same Mr. PALMER. I am not sufficiently acquainted with the as the one we have already passed? rules to say what arguments could be addressed to the motion to Mr. McMILLAN. The language is almost the same, but there reeonsider. The object of the Senator from Florida who made is one section about the exchange of tickets, tow hich there is no the motion-- objection. All the roads exchange tickets. Mr. HOAR. The Senator from Florida who made the motion Mr. COCKRELL. It provides for running the cars on the same i '3 now in his seat. line? Mr. PALMER. Ah. Mr. McMILLAN. On the same line exactly. Mr. HOAR. If the Senator will pardon me, this is a bill to The bill was reported to the Senate without amendment, or­ amend what is known as the judiciary act of 1 91, which prin­ dered to a third reading, read the third time, and passed. cipally limits the taking of cases by way of exception from the district courts. When that bill passzd on Thursday last the ENTRY OF BUILDING-STONE LANDS. Senator from Florida [Mr. CALL] moved to reconsider, which is Mr. PETTIGREW. I wish to call up from the Calendar Or­ a privileged motion. I have given notice that I should call that der of Business296, being Senate bill1273, which was passed over up at 2 o'clock to-day. I propose to call it up, and it is now be­ the other day without preNdice. fore the Senate. When such rems.rks have been made upon it

By unanimous consent, the Senate1 as in Committee of the as any Senator desires to make, I shall ask that the vote be taken Whole, proceeded to consider the bill {S. 1273) to authorize the upon it, by moving to lay it upon the table, which is the usual entry of lands chiefly valuable for building stone, under the way of treating moti::ms to reconsider. But I will not make that placer-mining laws. motion if the Senator from illinois or any other Senator desires l\fr. PETTIGREW. 1: wish to offer an amendment to the bill. to speak. - -· There is a law relating to four of the States for the entry of stone Mr. CALL. Mr. President, my object in asking for a recon­ and timber lands, and it is feared on the part of Senators from sideration of the vote by which this bill was passed was to en­ those States that perhaps this bill, if it becomes a law as it is, able the objections made by my colleague [Mr . PAsco] to be may effect the repeal of that in some way. Under that law only properly considered by the Senate. This bill, changincr the word surveyed lands can be entered, while the stone lands that are "may" into" shall," deprives a large number of persons of the worth anything in my State are unsurveyed, and they have been absolute right of appeal, and it gives the appeal aocording to the taken under the placer-mining laws, and some of them have been sentence actually pronounced. The objection which was made patented; but during the last three years the Department has by my colleague is certainly a very correct one, and that is that decided that the placer-mining law does not apply to land which it gives to the presiding judge the opportunity of denying the is suitable only for building stone. So I offer this amendment right of appeal by fixing the sentence at some amount less than in order not to effect the repeal of the law. the amount actually provided as the penalty in the law, the The VICE-PRESIDENT. The amendment will be stated. amount of the punishment, either fine or imprisonment, the ap­ The SECRETARY. At the end of line 8 it is proposed to add: peal may be taken. Provided further, That this act shall not be construed to repeal or in any This is done, it is true, in conformity with the recommendation way modify or affect the act of June 3, 1878, in relation to the sale of timber of the Supreme Court of the United States where a man is sen­ and stone land in t he States of California, Nevada, Oregon, and Washington tenced to pay a fine or to suffer a certain period of imprison­ The amendment was agreed to. ment and the judge has the right to say," I will affix the penalty The bill was reported to the Senate as amended, and the so that this man shall not have the right of appeal;" it is un­ amendment was concurred in. questionably giving a power, and an arbitrary power, t() the Mr. COCKRELL. I should like to ask one question. Under judge which he ought not to have; and considering the charac­ · this bill, if it becomes a law, how much land can any one person ter of some of the judges which we have had-I will not say that hleu~ · we have now, but have had-in some portions of this country, it Mr. PETTIGREW. About 20 acres. is a discretion which oug-ht not to be reposed jn them. Mr. COCKRELL. Only one claim? Mr. MORGAN. Will the Senator from Florida read that part Mr. PETTIGREW. A person can take more than one claim, of the bill the motion applies to? but under existing law no person can take, as I understand, to Mr. CALL. The bill provides as follows: exceed 320 acres. He can j;ake just as much as he could take That so much of the fifth section o! the act of March 3, 1891, entitled "An under the gold-mining law. For instance, under the mineral act to establish circuit courts of appeals, and to tiefine and regulate in cer­ Jaw a person has to do $100 worth of work a year on a tract of tain cases the jurisdiction of the courts of the United States, and for other about ~0 acres and do it for five years, and then pay $5 an acre, purposes," as provides that appeals or writs of error may be taken from the district or circuit courts direct to the Supreme Court in cases of conviction the same as is done with the precious metals. of a capital or other infamous crime, is hereby r epealed, so far as affects The bill was ordered to be engrossed for a third reading, read cases other than capital and excepting cases where the defendant may be - the third time, and passed. And the change made by the amendment to which my col­ EXECUTIVE SEi3SION. league objected was the substitutionofword "shalln for "may." Mr. SHERMAN. I move that the Senate proceed to the con­ Shall be sentenced to a fine of $5,000 or upwards, or to imprisonment for sideration of executive business. more than one year. The motion was agreed to; and the Senate proceeded to the It thus changes the right of appeal from a cla-ss of cases in consideration of executive business. After one hour and thirty which the liability to the punishment is created by law to those minutes spent in executive session the doors were reopened. cases in which the judge shall actually impose this sente nce. CIRG'UIT COURTS OF APPEAL. Mr. MORGAN. If the Senator will allow me, I will state 'rhe VICE-PRESIDENT. The Chair lays before the Senate that the Senate the other day before the passage of the bill the unfinished business, which is the bill (S. 1615} to facilitate amended it so as to give the right of appeal in any class of cases

._ -· I :.

1892. CONGRESSIONAL RECORD-SENATE.- 3377 where the question that would arise was one of the validity or a tor from Massachusetts that I had the painful duty once of mak­ ·' eonstruction of an act of Congress. ing the point in the Supreme Court of the United States upon one Mr. CALL. I did not so understand it. of our district judges in a case where he reduced the amount of Mr. MORGAN (to Mr. HoAR). I am coNect in that? recovery in a civil action in order to cut off the right of appeal. Mr. HOAR. Yes. It was obvious that there was no other purpose for it in the world Mr. CALL. Giving the absolute right of appeal? than that. It was an action upon coupons cut from bonds. Mr. MORGAN. It gives the absolute right of appeal in all Mr. HOAR. We never can help that. cases where the question in the case is as to the validity or con­ Mr ._MORGAN. There were $5,300 of coupons sued upon a note. struction of an act of Congress. It seems to me that that being­ The jury had been charged, and had retired to their delibera­ so, the class of cases which the Senator doubtless has in his mind tions. They were called back into court. The attorney for the would reach the Supreme Court of the United States if the party plaintiff did not enter any 1·etmxit, but he moved to amend his convicted objected either to the validity of the act of Congress declaration by striking out $400 of the coupons. The court al­ or as to its proper construction by the court. lowed the amendment, and thereup:m decided the cause. He Mr. CALL. I promised my colleague to present this view of decided if the jury believed the evidence they must find for the his to the Senate, and I considered that his objection was entirely plaintiff and cut off all possible chance of exception and appeal, well founded. and saddle the judgment down upon men wha believed that if Mr. MORGAN. I ask the Secretary, if he has the bill before they could have taken the opinion of the Supreme Court of the him, to read the amendment which the Senate adopted. United States they would have been released. It was a suit · ·Mr. CALL. I understand that whenever the judgment of the against a county. With that little experience in my mind, I do court is in anywise dependent upon the construction of an act of not want this power left in the hands of any judge. Congress the appeal would lie. It seems to me that that obviates Mr. BERRY. If the word "shall" were stricken out and the to a very great extent the objection my colleague had to the bill word'' may" left in the bill it would be all right. so far as I can see it, and if there is no objection on the part of Mr. HOAR. That would leave the law just as it now is. any other Senator, I shall have nothing further to say. Mr. BERRY. Precisely; and that is exactly what the Senator The VICE-PRESIDENT. The clause of the bill referred to from Florida desired that it should be. by the Senator from Alabama will be read. Mr. HOAR. I give my opinion for one, wh~tever itis worth Mr. MORGAN. As amended. asalawyer, thatthesubstitutionof theword "may" fortheword The VICE-PRESIDENT. The clause will be read as amended. "shall" would not change the legal effectof the bill one particle The Chief Clerk read as follows: except in some one case of somebody-- That so much of the fifth section of the act of March 3, 1891, entitled "An Mr. MORGAN. If that is true, why not put the word in? act to establish circuit courts of appeals, and to define and regulate in cer­ Mr. BERRY. Why not leave it in the bill? tain cases the jurisdiction of the courts of the United States, and for other purposes," as provides that appeals or writs of error may be taken from the Mr. HOAR. But you do not want to leave the bill open and district or circuit courts direct to the Supreme Court in cases of conviction debatable; you want to make your meaning certain. If the Sen­ of a capital or other infamous crime, is hereby repealed, so far as a1rects ator from Florida will pardon me one moment, it istoberemem­ cases other than capital and excepting cases where the defendant shall be sentenced to a fine of ~.000-or upwards, or to imprisonment for more than bered that from the beginning of the Republic till now no right one year, saving and excepting writs of error already sued out; and in such of any person has existed to carry up these cases, capital or oth­ cases the circuit court of appeals shall exercise appellate jurisdiction, in the erwise. They have wholly ended in the circuit courts of the . manner and within the time prescribed in the sixth section of said act, and their judgments shalf be final, except as provided in said section. United States, and ended, until the establishment of the circuit courts of appeal a little while ago, with a court held by but one Mr. MORGAN. If the Senator from Florida will allow me a judge, calling in the district judge sometimes, and then going up moment I will state that! offered an amendment to the bill which sometimes on a certificate of division. was adopted. It may not have been at that very point in the This is an enormously new and large right which was given text, but it had reference to the same proposition if I remember by the act of last year, and it seems to me that no Senator who correctly. It might have been offered to the other bill. does not want to break down the Supreme Court of the United The VICE-PRESipENT. The Chief Clerk will read the States and bring its authority and sirength into weakness and amendment inserted on motion of the Senator from Alabama to contempt would claim for a moment that that court ought to the bill (S.1615) to facilitate the disposition of causes in the Court sit in every case of petty larceny and every case of the sale of of Claims, etc. liquor without a license, and all the cases under the-sudden Mr. MORGAN. Ah! amendment which was put in last year (which the Senator him­ The CHIEF CLERK. In line 9, section 3, after the word " in­ self who moved it afterwards thought was amistake)would leave volved," insert the words" relates to the validit~ or construc­ it. That is the way it is left now. tion of an act of Congress or;" so as to read: The Senator says-if we fix a limit of the fine or a limit of the Or where the questior.dnvolved relates to the validity or construction of an sentence which shall be the condition of the right to take the act of Congress or is of such special importance as to require the decision of the Supreme Court. · case· to the Supreme Court judges will avoid that by putting it a little under the limit. Of course that can not be helped. That Mr. MORGAN. That is the amendment I offered. It was not infirmity, if you have occasionally a judge capable of such a thing, to this bill to which the motion applies now for a reconsideration, is inherent in the case itself, if you make the right $1,000 or $100, but to the other bill. It ought to apply to the pending bill. or $1. Now, if we could have by statute a definition of a class of Mr. CALL. .If it does not apply to the pending bill the ob­ ca-ses that are of grave importance to the defendant, that should jection which was made by my colleague remains in full force. go straight up, we should all rejoice; but it is utterly impossible Mr. MORGAN. Yes. in the nature of the subject to do this in any other way. You Mr. BERRY. If the Senator will permit me a moment, I will have either got to have all criminal cases go up, which I do not state that the objection made by the "Senator from Florida [Mr. think any considerable number of lawyers in this country would PAsco], who is absent to-day, was that under the present law an desire, or you have got to make somewhere a line in regard to appeal would lie in all cases where the punishment might under the amount of thefineand the amountof the imprisonment. The ' the statute be a certain penalty; for instance, where the fine was line of $5,000 is the old line of the jurisdiction in civil cases. $5,000; but by the amendment proposed and adopted by the Sen­ The line of one year-! should like to have the attention of ator from MassachuEetts he cuts off appeals except where the the Senator from Alabama and the Senator from Florida and the penalty which may be actually inflicted amounts to that sum, and Senator from Arkansas to this proposition-the lihe of one year it would permit the judge trying the case to prevent the party is the line of infamous punishment. It is not an infamous crime from having the right of appeal by imposing a penalty of $4,999. unless it may be punished by an infamous punishment~ and it is That was the objection raised by the Senator from Florida to not an infamous punishment unless the sentence is over one the bill. year. The courts of the United States can not sentence to hard Mr. MORGAN. I thought I had met that objection by the labor unless they sentence for more than one year under the amendment which I find I introduced to the other bill. The statute. They can not therefore in fact inflict an infamous pun­ amendment is equally applicable to both bills. I think the ishment; and the reduction which the Senator from Arkansas amendment I introduced in the other bill would meet this objec­ is afraid the judges will make is a reduction from an infamous tion. punishment to a punishment that is not infamous. That is the Mr. HOAR. I shall have no objection, if it will remove the answer to his proposition, therefore, that the defendant is not difficulty of Senators, to have the amendment inserted in the infamously punished. pending bill also. The difficulty with the present law, which I believe no single Mr. MORGAN. It would remo\Te my difficulty. Senator who voted for it thought of or anticipated on either side Mr. HOAR. My object is not to construe the bill so as to of the Chamber, whether a lawyer or not a lawyer, is this: We carry out solely my own convictions, but to get a bill if possible Eaid that infamous crimes should go up directly. The Supreme that will be generally satisfactory to Senators on both sides. Court have held that a crlme is an infamous crime whether it be Mr. MORGAN. I will state for the information of the Sen- in fact punished by an infamous punishment or nqt, if there is a XXIII--212

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I • 3378 CONGRESSIONAL RECORD-SENATE. APRIL 18,

right or a discretion on the part of the court to punish anybody cide between those two interpretations. The former interpreta­ who has committed an offense by imprisonment for more than a tion would be holding that Congress had passed an impo1·tant year at hard labOl'. Therefore, under the present law if a man and grave bill, and in the debate had assigned a desire to limit 1ssentenced to a. fine of lcentwithoutcostsfor the offense ofsell­ the right of appeal as the reason for passing the bill, when in ing liquor without a United States license, he may carry that fact they had left the law just as itwaswithoutany change what­ case direct from the district court to the Supreme Court of the ever, because that is the law now, that if a man is liable to such Unitea States, because in the discretion of the court below he a sentence he can go 1•ight up whether he gets the sentence or might have been sentenced to an imprisonment of two years at not. hard labor. Therefore it seems to me beyond any reasonable question that I want to call the attention of Senators again to this point. the courts would say that the words ''may be" mean just as The committee have taken the only practical and reasonable way, "shall be " Ol' " malr have be en," and they could not come to any with the actual punishment and not the possibility of punishing other conclusion, because it would make an ab urdity of the act people for a crime defined in the same section of the statute as if it had that meaning. the true measure; and when the court, to avoid exceptions, re­ Mr. BERRY. If the Senator will permit me, if that be true, duces the punishment to under twelve months, they reduce it I can not understand why the Senator desires that the word from a punishment which is infamous to a punishment which is "may" shall be stricken out and "shall" inserted. What the not infamous. I think that is a reasonable and sound provision, faDts are we all know, since the law was passed authorizing ~p­ • and you can not better it. But I am perfectly willing, as I un­ peals. There are certain judges whose rulings have been le de!'fltand that will meet the objection of my friend from Florida, arbitrary, who have paid more regard to the rights of the citi­ to put in also the ·limitation which was put in on the motion of zens and have been more cautious and more particular in the the Senator from Alabama [Mr. MORO-AN] to the Court of Claims trial of causes than they were before. Unde1· the present law, bill. If it will meet the views of Senators on the otber side, I wherever it falls within the largest penalty that may be affixed am willing to add, "or where the decision affects the construc­ or the maximum punishment in a certain class of cases, the ap­ tion or validity of .an act of Congress." peal lies as a matter of right. Mr. CALL. So far as I am concerned, it seems to me that the Now, you propose to sa.y that wherever the punishment shall amendment which the Senator from Alabama proposes, opens be so and so, then the appeal shall lie; otherwise it shall not lie. the door of appeal quite as wide as the words" may be." I sa.y, and I repeat that which I aaid awhile ago, it leaves it Mr. HOAR. It opens it. Still there is a class of cases scien­ within the power of the judge by reducing the penalty which tifically defined-- he puts upon the man just below the maximum amount to de­ Mr. CALL. I can not conceive .of a case where a statute of prive him of the right of appeal altogether, while the punish­ the United States will not be drawn in question in that court. ment would be just as severe, lacking a dollar, perhaps, or .a cent, Mr. MORGAN. That might be very true in the earlier court, or a day's imprisonment as that which the man would be entitled but in the experience or practice of the court very soon questions to. It ought not robe left to the discretion of the judge. would be decided, and the rule, of course, would apply to cases Mr. HOAR. In one case it is infamous punishment, and in the as they arose. The number of .appeals would be very much de-­ other it is not. In the one case a man is sentenced to hard labor, · creased after that. and in the other he is not. In the one case he has a right to go Mr. CALL. I understand every criminal case stands upon its to the court of appeals. It is only the question to which at all own foundation, and as long as time will last the law for that practically he takes an exception. criminal case made by the same court may be changed. Mr. BERRY. I beg the Senator's pardon. Under the bill as Mr. MORGAN. But a man has to enter into bonds for costs reported and underthepresentlawitwouldread," ndexcepting and the like, and when the decision has been made by the Supreme­ cases where the defendant may be sentenced to a fin9 of $5,000 Court as to the validity or construction of the statute he is not or upwards, or to imprisonment for more than one year." Al­ apt to litigate very much more about it. though the punishment was not so great as that, under the Mr. CALL. It is very true that that is a limitation, but that statute by which ho is convicted it might ba placed that way does not affect the right. .and then the appeal would lie; but if you strike out 'may 'and Mr. MORGAN. If the Senator will allow me, I propose to insert ' 'shall" then, unless the judge affixe.s the penalty to the amend the clause so as to raad: amount here stated, $5,000, he would be deprived of the appeal. So tar as affects cases other than capital, and excepting cases where the Therefore I insist that it ought not to rest within the discl'etion defendant shall be.senteneed to a fine of $5,000 or upwards.,. or to imprisonment of the judge. tor more than one year, or in cases where the question o.ecided includes the Mr. PALMER. I should like to ask the Sena.tor from Arkan­ validity or construction or an act o! Congress. sas a. question. Is it the Senator's view that the word "shall" Mr. CALL. Mr. President, I will not delay action upon the would alter the construction of the statute at all? bill any further than to say~- Mr. BERRY. I can not understand why the Senator from Mas­ Mr. HOAR. Let that be done by unanimous consent. Let the sachusetts wants to strike out the word "may" and insert "shall," bill be reconsidered, the amendment mane, and the bill be passed. unless he thinks that it does. Then~ if there be no objection, the Senator from Florida can pro­ Mr. PALMER. Does the Senator from Massachusetts want to ceed. strike out "may" and insert "shall?" The VICE-PRESIDENT. The agreement will be considered Mr. BERRY. Yes,hewantstostrikeout "may." It was done as entered into, if there be no objection. on Thursday last, and the word "shall" was in erted in its place. Mr. CALL. I only wish to make one remark in vindication of Mr. PALMER. I supposed they were equivalent in the sen­ my colleag-ue's position upon the bill now proposed to be made a tence. law. This tJroposed law does provide that if a defendant shall Mr. BERRY. The word "may," as used in the present law, be sentenced to a fine of $4,999.99, ortoanimprisonmentof eleven provides that an appeal will lie whet·e the punishment may be so months and twenty-eight or twenty-nine days, he can not appeal, and so. If the word "may" is stricken out and "shall' insert 3d. withouttheamendmentof the Senator from Alabama. That is a then the appe2.l will only lie when the judge imposes that larger degree .of punishment which in a great many cases is ruinous to peo­ penalty; it being in his discretion to impose a larger or a .smaller ple of limited means. Theycannevergetoutof imprisonment un­ one. less there is some provision for their discharge without paying Mr. PALMER. I should much prefer the word ''shall" to thatfine. It may be am.atterofperjury it maybe a matter con­ "may," if it is meant to be a limitation after alL nected with elections, it may be something in which the person Mr. BERRY. I do not want to leave the appeal limit ~ d to however violating the law may not have any deliberate purpose where the punishment is so great. The law we passed .a year of guilt. ago afforded great relief to certain citizens in the section of the The Senator from Massachusetts thinks that the change of the country from which I come, and it has been a great restraint upon words "may be" into the words "shall be" does not make any someofthejudges,and Iwantthatrestraint to continue. Whet·e difference. Let us see: the punishment amounts to one years imprisonment or a fine of Excepting cases where the defendant may be sentenced to a fine of $5,000, or $5,000, where it may be fixed as the present law is, I want the , "'. upwards. defendant to have the right of appeal to a higher court, and not That certainly refers to the liability. leave it in the discretion of the judge whether an appeal shall or Mr. HOAR. If the Senator will pardon me one moment just shall not lie. there, before he proceeds to comment upon my position, I will Mr. PALh1ER. I really may have b3en looking at this pro­ state that the words ''may be sentenced" undoubtedly may mean posed statute incorrectly. So far as affects cases other than ap· maybe sentenced under the law, the law would warrant sucha peal, and excepting cases where the defendant may be sentenced sentence; or it maymean, as it would be frequently used, that to a fine of $5,000or upwards or to imprisonment for more than the defendant may have been sentenced, which is a common use one year, I had supposed that that would apply to any case where of the word" may." The man says if I may do so and so such the penalt-y was discretionary. I am aware the. judge might im­ and such a th.ingwould happen. Now, the court have got to de- pose a sentence of $5,000 or more or that he might impose a sen-

•, • 1892. OONGRESSIONAL REOORD-SENATE. 3379 tence of $5,000 or less, but am I to understand that it shall only which a .fine of $1,000 was imposed. It occurs to me that-the apply to cases where tlte penalty was necessarily more than minimum ought to be very much less. $5,000 and necessarily an impris

a. Representative from the State of South Dakota, 8,000 copies, of which num­ by Congress and the power to appoint these inferior officers in ber 2,000 shall be delivered to the Senators and Representatives of the State of South Dakota, which shall include 50 copies to be oound in full morocco, the technical language of the Constitution, can be vested by to be delivered to the family of the deceased; and otthose remaining, 2,000 Congress otherwise than in the President of the United States. copies shall be for the use of the Senate, and 4,000 copies for the use of the House of Representatives; and the Secretary of the Treasury is directed to So it seems to me there is no fo,rce in the proposition that by the have engraved and printed a portrait of the said John R. Gamble to accom­ Constitution the President has the absolute or unlimited or un­ pany said eulogies. restrained power of appointment which can not be affected by THE COURT OF CLAIMS. any legislation on the part of Congress. But if we look at this country and consider now that every tri­ Mr. GEORGE. I believe that the resolution relative to the bunal in the United States has been organized upon a party basis appointment of a committee to inquire into the cause of the low and with men conspicuous for their party relations and their price of cotton and the depressed condition of agriculture in the party convictions, when we consider the fact that a great section States raising cotton was made the special order for 2 o'clock of this country is entirely ignored and that the appointment to to-day. · judicial office, notwithstanding the ability and the learning and The VICE-PRESIDENT. The unfinished business is Senate the pure character of great numbers of men qualified for those bill1615. It takes precedence under the rule .of the special or­ positions in that country, has been almost entirely ignored, as if der. a ban of proscription had b3en placed upon them-when we con­ Mr. GEORGE. But the special order is now in order. sider that, it seems to me, whether we are of the one party or the The VICE-PRESIDENT. The unfinished business is in order, other, we shall all recognize the fact that the safety of this Re­ Mr. GEORGE. I thought we were through with the unfin- public and the continued prosperity of this people depend upon ished business. the imposing of such qualifications and such limitations as may Mr. HOAR. The unfinished business, I understand, is the be possible upon this practice of organizing judicial tribunals bill in regard to the Court of Claims. with men distinguished for their partisan convictions and their Mr. GEORGE. Is that pandingnow? party associations. Mr. HOAR. That is pending, and the question is on the adop­ The PRESIDING OFFICER (Mr. FAULKNER in the chair). tion of the amendment of the Senator from Virginia [Mr. DAN­ The question recurs upon the amendment offered by the Senator IEL]. from Virginia [Mr. DANIEL]. Mr. GEORGE. I find I was mistaken. I supposed that we Mr. HOAR. I call for the yeas and nays. had gotten through with the unfinished business. r The yeas and nays were ordered. The VICE-PRESIDENT. The unfinished business will be Mr. CHANDLER. Mr. President, •before voting upon this proceeded with. question I desire to say a few words. The Senate resumed the consideration of the bill (S. 1615} to I shall vote against putting this provision into this bill be­ facilitate the disposition of causes in the Court of Claims, the cause I do not think that it is wise in providing benches of pending question being on the amendment proposed by: Mr. DAN­ judges to declare that they shall be divided among. the various IEL1 which was, in section 1, line 4, after the words "Court of political parties. I do not believe that a provision of that kind Clauns," to insert" who shall be members of different political should be inserted in the statute books. parties;" so as·to read: But, Mr. President, I wish to say further that I am~ in favor That there shall be appointed in the manner provided by law two addi­ of a division by the appointing power of judges among the po­ tional judges for the Court of Claims, who shall be members of different po­ litical parties. I do not balieve in a partisan b 3nch. I have al­ litical parliies. ~tc. ways bean in favor in my own State of having both political Mr. CALL. Mr. President, the amendment proposed by th3 parties represented upon our supreme court, and that is now the Senator from Virginia is intended to require that the judges settled policy of NewHampshire. Of our bench of seven judges, who shall be appointed to this court shall be pure men, nonpar­ three are Democrats and four are Republicans. If there were to tisan men. I suppose there will be no kind of co:Q.troversy upon be a political revolution in the State to-morrow, instead of up­ the point that a judge who is a partisan is not a pure man, is not turning the bench of judges one Republican would resign and a an honorable man; that when he enters upon the high duties of Democrat would take.his place. I believe that that ·system is that position he is required, whatever may be his devotion to conducive to the correct administration of the law and altogether ' I • principle which he may very well have, to disconnect himself more satisfactory to our people and for the best interests of the entirely from considerations in the performance of his public State of New Hampshire I have always advocated it. I be­ duty. It is a great infirmity of the human mind that inen can lieve it is the true policy and I shall always continue in favor of not do that, that even unconsciously to themselves they will be that policy. influenced by their associations and by their prejudices. The Now, Mr. President, I have the same view with reference to great object is to provide such surroundings in the appointment the Court of Claims. I believe it should not be a partisan tri­ of men to this high office that they will b3 least liable to ba bunal, and I think one at least of thes3 two judges who are to be influenced in the exercise of their duties by these considerations. appointed, if this law shall be enacted, should be appointed from Some progress is made by .requiring that these men shall not be the minority party, and that the bench of that court should not appointed so that one political party may control the exercise of remain wholly composed of members of one political party. I judicial power. believe that should be the action of the Executive in making ap­ It is idle to talk in this country, where youappointall men, or ·pointments under this law in case tile bill should pass both a majority of them, to the exercise of any political function·, and Houses of Congress. give to them the power over the lives and the property and the I did not feel willing to vote in the negative without making­ liberty of people, that they will not exercise it for those ends this statement for the satisfaction, if it b a any satisfaction, of the which address themselves to their minds as most important to S enator from Virginia, who has moved this amendment. I be­ the country and to themselves. . lieve that a partisan court, except under peculiar circumstances, It is objected to this proposition that a court shall b3 non­ is injurious to a State, injurious to a country, and does not partisan; that the men who exercise these functions shall be be­ conduce to the wisest and best administration of the laws. These yond even suspicion; that it can not be done under the Constitu­ are no new sentiments with me, although this is the first oppor­ tion of the United St.ates; that you cannot limit the Pre3ident's tunity which I have had of expressing them upon the floor of the power of appointment. It seems to-me that the Constitution is Senate. entirely plain in that respect. It provides that the President Mr. DANIEL. Mr. President, I am gratified to hear the ex­ shall have power to appoint · pression of sentiment from the Senator from New Hampshire, and I know those sentiments to be sincere and in accordance with All other officers of the United States whose appointments are not herein otherwise provided !or, and which shall be established by law; but the Con­ the public policy which has prevailed not only in his State but gress may by law vest the appointment of such inferior officers as they think in other States of this country, notably the State of Massachu­ proper in the President alone, in the courts of law, or in the heads of Depart­ setts, which has always, or at least for a long time, observed the ments. policy of selecting judges from different political parties. Inferior officers in this category, in this clause, are those_contra­ I am very much encouraged in the advocacy of this amendment distinguished from e::~umerated officers. There is no question to the bill by what has been said, and I am satisfied, what3ver about that, and Congress has the express power to vest the ap­ criticisms may be made upon the form of the amendment, that pointment of those officers otaerwise. it represents a thought which is in the breasts of a majority of Inasmuch as the President bas no constitutional right to ap­ this body. I think that the language of this amendment may be point them, in creating this office there can be no doubt that the so changed as perhaps to get the votes of some gentlemen who Congress may impose conditions as to the character of men; they would not vote for it as it stands. I b3lieve the language of the shall be honest men, they shal!·be men learned in the law; they amendment as now framed is "who shall belong to different shall ba men possessing special qualifications. In creating the political parties." That language would seem to import that the office that is necessarily assumed as a part of our power. This appointee had to belong to som3 political party. Now, I wo:1ld is a legislative tribunal. The court may be changed to-morrow ask leave, Mr. President, to withdraw that amendment in that 1892. CONGRESSIONAL RECORD-SENATE. 3381 shape, and to substitute instead of it the words "both of whom The SECRETARY. In section 1, line 4, after the words'' Court shall not belong to the same political party." of Claims," it is proposed to insert" both of whom shall not be- The PRESIDING OFFIC~R. The Senator from Virginia long to the same political pa.rty." asks unanimous consent that the amendment submitted by him Mr. PALMER. Mr. President, I simply desire to comment to the bill pending before the Senate may be withdrawn. Is upon one remark of the Senator from Virginia [Mr. DANIEL.] there objection? The Chair hears none, and the amendment is The Senator admits that Congress has no right to embody the withdrawn. terms of the amendment he proposes in a law, that it would be Mr. DANIEL. Mr. President, in advocacy of the amendment no law, that the President will not be required to obey it, and as it now stands, let me say that this would leave the field entirely that it is a mere suggestion of ours which is not obligatory upon open, without the suggestion from Congress to the President to him. I believe I am correct in so understanding the Senator? select any persons as judges, provided they were not all mem- One other thing I have to say. The Senator obje~ts to a con­ hers of the same political organization; they might be members struction of the Constitution which he contends is a cheese-par­ of none; that is to say, utter nonpartisans in political affairs. ing construction of the Constitution. Mr. President, I am very As to the constitutionality of the amendment, it seems to me much surprised-- that Congress would stultify itself, and both branches of Con- Mr. DAVIS. I wish to inquire if the President approved the gress would place themselves in a very peculiar position if, after act, whether he would not thereby indorse its constitu~ionality? legislating along this line for a series of years, over a decade, Mr. PALMER. I suppose if the President did not approve they were now to object to the legal embodiment of a thought the law it would be no law; still I apprehend he can do as he which they confessedly declare to be in their own breasts, and to pleases about it. I take it for granted that the President is like be in entire consistency with their convictions, because of some a Senator with this difference: The Constitution requires that alleged notions of its unconstitutionality. if the President approve a bill, he shall sign it. I hope that the If that amendment as it is now proposed is unconstitutional, time will not come in this country when a Peesident will approve the affairs of this country have been unconstitutionally adminis- a bill which is not in consonance with the Constitution as he un­ istered for ten years in the Interstate Commerce Commission, derstands it. I will not undertake to say what is the proper un­ in the Civil Service Commission, and by all the other commis- derstanding-- sions in the creation of which Congress has given suggestions to Mr. DANIEL. Will the honorable Senator allow me to inter- the President that he should not appoint all the members from rupt him a moment? the same political party. All these arguments have been gone Mr. PALMER. Of course. I shall be glad to hear the Sena- over time and again in both Houses, and by consonance of both tor. political parties, by the judgment of nearly every one who now Mr. DANIEL. I think the word" shall" would be construed occupies a seat either in the Senate or in the other branch of in this connection exactly as the Senator thought it should be Congress, these commissions were within the legitimate line of construed about fifteen minutes ago in another bill, that is, as legislation, nat that that provision makes a mandate which the "may." President is bound to obey, but that it is a suggestion or direc- Mr. PALMER. Then Congress would merely provide that the tory law, so to speak, to him, embodying in an act of legislation President "may," if he chooses, appoint or he may not appoint a declaration of public policy. That is all. two men from the same party. I take it that he may not without Now, sir, as to that being public policy, gentlemen here upon our help. this floor declare it to be their conviction that it is, and the coun- . J was about to say that I am demurring to this characteriza­ try has indorsed such legislation when applied to bodies in which -tion of a constitutional objection as being a cheese-paring con­ it was not as desirable that all parties should be represented as struction of the Constitution, and I am expressing my surprise upon the bench. that from the Old Dominion.we should hear a constitutional ob- I cordially agree in the remarks which were made on Thurs- jection, which is admitted to ba sound, characterized as "cheese­ day last by the Senator from Connecticut [Mr. HAWLEY]. He paring." I had supposed that no part of that instrument was so spoke in eulogy of the word "partisan" and of the character of unimportant as that it would be disregarded. the partisan, and I feel that everything that he said upon that Mr. President, there is a principle far more important than subject is in consonance with truth. Men who are partisans are that to me. I maintain that the purity and efficieucy of this generally men who are earnestin.theirconvictionsand who, see- Government largely depends upon confining each Department of ing as they conceive clearly the wisdom and justice of a particu- the Government to its own appropriate sphere. If it is the lar idea, are enthusiastic and constant in its advocacy. policy of the country that judges shall ba appointed from differ- But, Mr. President, when partisans come up from different ent parties, or from no political party, the President will learn parts of this country with different education, with different pro- that from other sources than from Congress, because Congress jections and prepossessions of mind, the whole country would be has no right to tell the President, Congress has no right to pass bettered, in my judgment, if their local prejudices were tern- a law which will invade the province of the President. The be­ pered by the suggestions of thought which come from other ginning is not the end. Rigorous adherence on the part of every minds which have been cultured in different ways and have had department of the Government to its own functions and rigid a more varied experience. It is by putting the partisan on one and firm resistance on the part of each department to.invasions side against the partisan on the other side that wisdom is finally from the other, is essential to the preservation of the Govern­ evolved out of that compromise of the operation of forces, and I ment. hope to see the bench of this country, not only of the Court of The President must judge of his own policy, must judge of the Claims, but every bench of this country which consists of a body proper policy to be pursued by his department. I go beyond that. of judges, so composed that it may represent as nearly as may be I recollect that Gen. Jackson, whose day we celebrate, said that the thought of the whole country and not the peculiar thought each department of the Government must construe the Consti­ of a mere transient political organization or the sentiments of a tution for itself. I believe that the President ought to construe momentary period in our history. the Constitution for himself, and that Congress ought to construe I should look upon that amendment as embodied in this bill a'3 it for itself. If it would suit the Senate to pass this and to invite the avant-coute:ur of a judicial reform, and seeing that the Presi- the House of Representatives to participate in the appointing dent of the United States has himself gone in that direction by power by limiting the number from whom the President shall a12pointing judges from the Democratic party, although he is choose, so be it. himself a Republican, I do not think that Congress ought to Mr. VILAS. Mr. President, I find myself unable to agree to hesitate to indorse that liberality of executive judgment· by ex- the amendment which the distinguished Senator from Virginia pressing its approbation thereof in any manner which may be [Mr. DANIEL] has proposed, and without spending any time in becoming to it as a legislative body. debate I desire to state briefly why. I do not place it upon the The idea that this amendment is unconstitutional in the sense constitutional ground entirely, although there seems to be force that it is a usurpation on our part of the executive prerogative in that objection. but I understand the Court of Claims to be a has been refuted time and again for a series ofyearsbytheprac- part or the judicial system of the United States, to be in every tice of Gongress and by the accepted opinions of the country. proper sense one of the courts of the United States, and its We all realize that it does not go with the sanction of a mandate judges ought to be of as exalted a judicial character and of as which is compulsory upon the President. He understands it, proper judicial qualifications as those of any other court. .· Congress understands it, and the people understand it, and why Now, sir, I must, reluctantly as I differ with the distinguished should we resist what is our own conviction of an anpropriate, Senator, enter my objection to any course of legislation which patriotic, and liberal result by a cheese-paring process which shall assume that the judges of the courts of the United States would attack the whole body of ·our legislation and the whole are to be appointed or to have appointment refused either be­ structure of our laws, if we were to apply to them the same cause they belong or do not belong to a particular political party. methods? The judiciary of the country has, and justly, with very few ex- The PRESIDING OFFICER. Theamendmentof the Senator ceptions indeed, receivedu niversally the confidence of the peo- from Virginia will be stated. ple of this country as being trustworthy to decide questions sub-

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3382 CONGRESSIONAL RECORD-SENATE. APRIL 18,

mitt3d to them quite irrespective of party, and it is only when a sider the interpretation of statutes as directory, and there may party spirit has been infused into the bench of judges that the also be provisions in laws which are indicative of a public policy, people of this country have ever felt distrust or a disposition to and all these different classifications of legislation are recognized rebel against the judgments of our courts. and interpreted as -within the fair and just scope of Congressional It seems to me, therefore, that to introduce into laws provid­ power. - ing for judges the idea. that the appointing power should take I admit that it seemed to me to be doubtful at least whether or into consideration the partisan character of the persons who not Congress had the power to impose upon the President the should go upon the bench is to infuse a.dangerous and an unfor­ obligation to appoint in the manner indicated in this bill, but at tunate element of consideration. It seems to me that if a judge the same time I contended, whether it be trt~e or not that Con­ were under this provision appointed because he belonged to one gress could impose upon him the constitutional obligation to do party he would feel that it might be expected of him when a case so, it was in accordance with precedent and perfectly consistent came before him for judgment that he should follow the wishes and right that Congress should embody this provision as a direc­ of that party to which he had belonged. tory clause of this proposed law, it being a suggestion of public I desire to see upon our benches of judges everywhere and all policy which Congress, as the representative of the people, saw the time men who will have no hesitation in disregarding the fit to put upon a statute. · wishes of the party to which they have balonged; men who will The Senator from Illinois cont.ends that it is never proper fOl' have no fear of subordinating their partisan wishea to their clear Congress to express its judgment as to executive public policy. view of what the law is, and the law ought to be understood as ~y, ~r. President, there is hardly anything more common m being far above and far beyond the partisan wishes of anybody. leg1slat10n than for the Congress of the United States to express For that reason and simply because it seems to me that it its judgment upon public questions by resolutions, by preambles, would pass a partisan element ~nto the judicial authority of the by all those methods which accompany the distinct statutory United States, which all good men ought to seek to exclude direction which indicates a certain-sense or opinion which it de­ from it, I can not support the amendment of the distinguished sires may be suggestive to the President. It is doubtful, indeed, Senator from Virginia. whether or not this clause might not be supported as constitu­ Mr. HOAR. I do not wish to prolong the debate, but I wish tional in the sense of being a mandate. I have not contended to say, as a comment on the new form of this amendment, that for that position, because it was not necessary to uphold this the Senator from Virginia asks the Senate to enact for the first legislation, and because my own mind, to say the least, was time in our legislative history that one judge shall be appointed doubtful whether or not we could enact it in that effective and as a Republican and one judge shall be appointed as a Democrat. conclusive manner; but my attention has been ca.lled by the dis­ That. is the substance of what his amendment says: tinguisheq. Senator who sits by my side [Mr. CULLOM] to the OI course there are persons, as was said the other day, who do opinion of the Attorney-General upon the Civil Service Com­ not belong to any political party, who, I think, probably might mission, which was given in 1871, and which is found on page come in under the bill; and there are more than two political 516, volume13·, of theOp-inionsofthe Attorneys-Ge~eral, in which parties in the country, but practically, as we all know, that will this whole subject was thoroughly canvassed, and in which the be lmderstood to be an affirmation by Congress of its desire, tak­ Attorney-General of the United States gave it a3 his judgment ing the Senator's own limitation of its potency, that in appoint­ that- ments to this court there shall be a judge who is appointed as a Thou~h the appointing power alone can designate an individual for an Democrat and another judge who is apg_ointed as a Republic&n. office, e1ther Congress, by direct legislation, or the President, by authol'ity If that principle is carried out, the result so clearly stated by -dertved from Congress, can prescribe qualifications, and require that the designation shall be made out of a class of persons ascertained by proper the Senator from Wisconsin [Mr. VILAS] will follow. The judge tests to have those qualifications. will be there, and be a Democrat. If the law provides that he shall be appointed as a Damocrat, he will expect to act as a That doctrine, Mr. President, as I believe, has since been up­ • Democrat, or will be likely to so act. If the law provides that held by the decision of the Supreme Court of the United States. he shall be appointed as a Republican, he will be likely to act as So, for over twenty years, for a generation, the la-:w officers of a Republican on the bench. our Government, the courts of our country, and both branches The PRESIDING OFFICER. The question is on the amend­ of Congress have recognized the propriety of just such legisla­ ment of the Senator from Virginia. The Chair will state that tion as that which I have to-day proposed, with the single ex­ the former amendment of the Senator from Virginia having been ception that it is now proposea to be extended to the courts. withdrawn by unanimous consent, the Chair is of the opinion I can nbt at all appreciate the force of the remarks of the Sen­ that the yeas and nays which were ordered upon that amend­ ator from Massachusetts [Mr. HOAR]. He says that if a judge is ment do not apply to the vote upon the present amendment. appointed as a Democrat he will be a. Democrat after he is upon Unless the yeas and nays a1'e called upon the pending amend­ the bench, and if appointed as a Republican he will be a. Repub­ ment the Chair will submit the question on its adoption. lican after he becomes a. judge. Certainly he will; but what of Mr. IDGGINS. Let the amendment be reported. that? Because a. man remains a Republican, is that any reason The PRESIDING OFFICER. Theamendmentwill bestate~l. that he should become dishonest if he were not so to start with, The CHIEF CLERK. In section 1, line 4, after the words and because he remains a Democrat is that any reason he should "Court of Claims," it is proposed to insert, "both of whom become dishonest if he were not so at the beginning? shall not belong to the same political party." The whole theory of this subject of distributing judicial and Mr. PEFFER. I should like to suggest a very slight change other offices rests upon the fact that human nature is the same in the wording of that amendment. I think it would sound a lit­ the wide world over, whether it be designated on the outside by tle better to omit thewords "bothof," a.ndtoput it in thisform: the term" Democrat" or" Republican." "Who shall not belong to the same political party." I move that Take the great crowd upon the streets that go up one side and change, simply to omit the words" both of.'1 down the other, take the men whom you meet in public life or Mr. DANIEL. I will accept the amendment. upon the highways, and do you not have to aRk them by what The PRESIDING OFFICER. The Senator from Virginia ac­ designation they go in order to find out? These distinctions are cepts the modification of his amendment proposed by the Senator sometimes not even skin deep, but in other respects there is no from Kansas. The amendment will be sta-ted as modified. reason why you should not appoint a man as a Democrat or as a The CHIEF CLERK. In section 1, line 4, after the words" Court Republican. Does not the President of the United States select of Claims," it is proposed to insert" who shall not belong to the the judges of the Supreme Court because they are Republicans? some political party;" so as to read: Does not the Senator from Massachusetts know the fact that the judges of the Supreme Court are selected because they are of the That there shall be appointed in the manner provided by law two additional political faith of the Executive? Did not the Senator from Mas­ judges for the Court of Claims, who shall not belong to the same political party, who shall hold omce for the same term and receive the same compen­ sachusetts himself accept a. commission and was he not selected sation as is now provided for the judges of sa.id court. to sit upon the Electoral Commission because he was a Repub­ lican? And do we not all know, Mr. President, however ethere­ Mr. DANIEL. I, too, Mr. President, dislike to prolong this ally you may talk about men lifting themselves up out of the at­ debate, and yet I dislike also to be placed in a position which I mosphere of the world in which they live, that it is impossible do not feel fairly represents my attitude upon the subject. in the nature which God has given us that we can utterly do o, The Senator from illinois [Mr. PALMER] refers tomyremarks however much we may attempt it? ' as indicating that I realize that this provision is not constitu­ Mr. VILAS. If I may interrupt the Senator without inter- tional, and yet desired it to go into the law as a sort of b'rutum rupting him-- • fulmen. That is far from the fact, and I have been unhappy in Mr. DANIEL. It is not an interruption. expressing myself if any such deduction could be drawn from my Mr. VILAS. I was going to ask him if he thought the con ti­ language. The 'word "unconstitutional" is sometimes ambigu­ tution of the electoral commission and the result which we got ous in its meaning. There are laws which are recognized to be from it furnished n. solid foundation for the hope of good results mandatm.~y, and laws which are described in the books which con- from a judiciary so constituted?

• .,. .

1892. OONGRESSIONAL RECORD-SENATE. 3383

Mr. DANIEL. Mr. President, I am such a partisan upon that or Fuller of Illinois, those men who go there carry the projec­ subject that I hardly think either the Senator from Wisconsin tion of their lives with them, the education of their boyhood or myself is sufficiently elevated above partisan considerations to with them, the experiences of their manhood with them, and give .an opinion that would carry any weight except with those that it is as utterly impossible for them to change the order of · .' who concurred with us. . their being as it would be to add one hair to their heads or a Mr. PERKINS. Mr. President, with the Senator's permission cubit to their statue. We must get at justice,atequity, at right . , I should like to ask him a question . 7Jy the pooling of opinien, so to speak, by one opiruon setting it­ Mr. DANIEL. With pleasure. aelf up against another, not by having one little coterie of men Mr. PERKINS. Do you' not in your own Stare have an ap­ who move day after day and week after week and year after year pointive judiciary? in the narrow circle of a single groove and set of ideas. Mr. DANIEL. We have an elective judiciary, chosen by the Mr. President, I hopethisamendmentmaybeadopted. !have Legislature. at least the satisfaction of knowing that it has the judgment oft~~ Mr. PERKINS. I would ask if that judiciary is not made up majority of Senators of this body at its back, at least in the exclusively of members of one political organization? thought that it embodies. Why they should hesitate to let that Mr. DANIEL. Yes, sir; every one of the judges of our su­ thought find utterance, I can not understand, seeing that for preme court is a Republican, and was elected as such. twenty years our opinions of the Attorneys-General, the decisions Mr. PERKINS. How with those who have been chosen of the courts, and the statutes of Congre s abound with prece­ since? dents broad enough to cover and swallow up every element of ob­ Mr. DANIEL. Everytime the Democrats have gotten a chance jection which they have made against it. they have put out the Republican and put a Democrat in with un­ The PRESIDING OFFICER. The question recurs on the erring accuracy. That is the way, Mr. President, that·political amendment proposed by the Senator from Virginia. parties have always done in my State and they will continuously The amendment was rejected. do the same thing until there is by general concurrence an adop­ The bill was reported to the Senate without amendment, or­ tion of a different principle. dered to be engrossed for a third reading, and read the third Mr. PERKINS. I should like to ask the Senator one more time. • question. Mr. BERRY. I think the .other day ihe Senator from Mis­ Mr. DANIEL. Certainly. Be [Mr. GRAY]. If he were present I have anything to do with the subject, topledgemyselfhereafter, should vote '' yea." if the Democrats shall control the seven judges of the Court of The PRESIDING OFFICER tMr. FAULKNER, in the chair, Claims, that they will at least, if this act shall be passed, have when his name was called). The pres3nt occupant of the chair one Republican representative upon it, and that is all which we is paired with tlte junior Senator from Pennsylvania [Mr. QUAY]. ask. Mr. GEORGE (when his name was called). I am paired with Our theories are sometimes better than our practices, and if the Senator from Oregon [.Mr. DOLPH]. If he were present I our theories were not better than our practices we should be con­ should vote ''nay." tinuously getting worse instead of better. Now, I should be glad Mr. HARRIS (when his name was called). I am paired with to see in my own State-I should be glad to see in every State­ the Senator from Vermont [Mr. MORRILL]. If he were present a representation upon the bench of all those permanent.political I shDuld vote '' nay. '1 parties which represented divergence in ideas. I think it is an Mr. HIGGINS (when his name w.as called). I am paired with education to a Republican judge to have a suggestion occasion­ the flenior .Senator from New Jersey [Mr. MCPHERSON]. Were ally from a Democrat. I know it is an education to a Democrat he present I should vote •' yea." to have those suggestions of thought which come from Repub­ Mr. MILLS (when his name was called). I am paired with lican teaching, and I have often changed my own opinions upon the Senator from New Hampshire [Mr. GALLINGER]. If he were this measure or upon that or upon this public policy or upon that present I sb..ould vote'' nay." when I heard fully expounded the views and considerations which actuated those who advocated it, and which, in my narrowDem­ Mr. PALMER (when his name was called). I am paired with ocratic atmosphere, I would not hear if they were not so sug­ the Senator from North Dakota [Mr. HANSBROUGH]. gested. Mr. POWER (when his name was called). I am paired with There are none .of us who are not capable of improvemen.t, not the S~nator from Louisiana [Mr. WHITE]. even the Senator from Massachusetts, the Senator from K~nsas, Mr. WARREN (when his name was called). Iampaired with or the Senator from Illinois, and it is because I realize the fact the junior Senator from Georgia [Mr. GORDON]. that I want to improve myself and my party and my country that Mr. WILSON {when his name was called). I am paired with I desire to pursue those methods which will liberalize its thought the senior Senator from Georgia [Mr. COLQIDTTl. He not being and afford different opinions and opportunity of competition present I withhold my vote. with each other when they are about to be expressed in theform The roll call was concluded. of judicial interpretation. Mr. CASEY. I ampaired with the Senator from Florida [Mr. Does any one to-day regret in all this country that there are PASCO]. one or two Democrats upon the Supreme Court of the United Mr. HIGGINS. I suggest to the junior Senator from Texas States? Is there a broad-minded, uplifted patriot amongst the [Mr. MILLS] that we exchange pairs, so that the -Senator from Republicans of this land who is not glad, now that it is done, New Hampshire [Mr. GALLINGER], with whom he is paired, will that there are two or three Democrats upon the Suprmee Court stand paired with the Senator from New Jersey [Mr. McPHER­ of the United States, who, when great judgments are to be de­ SON], and then the Senator from Texas and I can vote to make a livered, which lay down the law of this land for all of our coun­ quorum. trymen, those who differ with the predominant thought may Mr. MILLS. That is satisfactory to me. have some opportunity of expression and some opportunity of Mr. CALL (after having voted in the negative). I ask if the enlightening their associates who sit by their side? Especially Senator from Vermont [Mr. PROCTOR] has voted? in this inferior court, where claims come up from all parts of the The PRESIDING OFFICER. He has not voted. country, would I like to see a representation from all parts of Mr. CALL. I withdraw my vote; I am paired with him. the country. Mr. HOAR. I hope the Senator will not withdraw his vote. Nothing so much shocks my sensibility or my conscience as Mr. CALL. I desi're to announce tbat my colleague [Mr. the idea of a judge who will debase his office and will give a PAsco] is paired with the Senator from North Dakota [Mr. partisan judgment, but, Mr. President, men who have any ac­ CASEY]. I underatand the Senator from Massachusetts [Mr. quaintance with human nature know the fact · that, whether it HOAR] to request that I allow my vote to stand in order to make be John Marshall, who sits as Chief Justice of the United States, a quorum. · I will comply with his request. 3384 CONGRESSIONAL RECORD-SENATE. APRIL 18,

The result was ann.ounced-yeas 27, nays 18; as follows: shall have no objection to its being informally laid aside and YEAS-27. let the Senator from Massachusetts take the floor. Allen, Frye, Paddock, Shoup, ·Mr. HOAR. I suppose th§ court of appeals bill will hardly Carey, Hawley, Petter, Squire, Chandler, Higgins, Pettigrew, Stewart, pass to-night. It is an important biU. I presume the Senator's Dawes, Hiscock, Platt, Stockbridge, resolution will pass'without debate. Dixon, Hoar, Pugh, Vilas, Mr.GEORGE. No; therewillbesome debate uponit. I move Dubois, Kyle, Sanders, Washburn. that the Senate do now adjourn. Felton, Mitche!l, Sawyer, Mr. PADDOCK. ' Mr. President-- NAYS-18. Barbour, Cockrell, Hill, Ransom, The PRESIDING OFEICER. Does the Senator from Missis­ Bate, Coke, Jones, Ark., Vest, sippi withdraw the motion to adjourn for the present? Berry, Daniel, Mills, Walthall. Mr. GEORGE. I withdraw it. Blodgett, Gibson, Md., Morgan, Mr. P ADDOUK. I think if the Senator from Mississippi Call, Gorman, Perkins, would accept a slight modification of his resolution it would re­ NOT VOTING-43. move the objection which was raised the other day by some ~ en­ Aldrich Dolph, Jones, Nev. Sherman, Allison, Faulkner, Kenna, Stanford, ators on account of the scope and apprehended large expense of Blackburn, Gallinger, McMillan, Teller, it. if the resolution can be confined to anJnvestigation during Brice, George, McPherson, Tlrrpie, the session of Congress, leaving the matter to be determined Butler, Gibson, La., Manderson, Vance, Cameron, Gordon, -Morrill, Voorhees, afterwards whether authority shall be given to investigate dur­ Carlisle, Gray, Palmer, Warren, ing the recess-- Casey, Hale, Pasco, White. Mr. GEORGE. I can not exactly catch the drift of what the Colquitt, Hansbrough, Power, Wilson, Cullom, Harris, Proctor, Wolcott, Senator from Nebraska is saying. . Davis, Irby, Quay, Mr. PADDOCK. I was saying that I thought it would re­ So the bill was ·passed. move the objection which was raised the other day if the Sena­ • EXCLUSION OF CHINESE. tor would accept an amendment or modification of the resolu­ tion. Mr. CHANDLER. I submit amendments intended to be pro­ Mr. GEORGE. The one the Senator suggested? 'POsed by me to House bill 6185, in reference to the exclusion of Mr. PADDOCK. The one I suggested. Chinese, which I ask may be printed. Mr. GEORGE. I will state that lean notacceptthat. I move The PRESIDING OFFICER. That order will be made in the hat the Senate adjourn. absence of objection. Mr. PADDOCK. All right. I made the suggestion only for Mr. CHANDLER subsequently said: At the suggestion of other the purpose of getting- immediate action. Senators I ask that my amendments intended to be proposed to Mr. HOAR. Will the Senator from Mississippi allow me one the Chinese exclusion bill, which are brief, may be printed in moment? the RECORD. . Mr. GEORGE. I withdraw the motion-to adjourn. The PRESIDING OFFICER. Is there objection to there­ Mr. HOAR. I simply desiretogive notice that as soon as the quest of the Senator from New Hampshire, that the amendments special orders ara disposed of I shall ask to take up the court of proposed by him may be printed in the RECORD? The Chair appeals bill for the District of Columbia. • hears none, and it is so ordered. It may be proper to say that while there has been a. great deal The proposed amendments are as follows: .. of difference of opinion in regard to one matter connected with Amendments to be proposed by Mr. CHANDLER to H. R. 6185: Section 1, line 3, after the first " That," add .. for fi:Cteen years." this measure_, to wit, the limitation and extent of appeals to the Section 1, line 21, strike out "absolutely prohibited" and insert " suspended Supreme Court 'of the United States, I am informed that all the for the period of fifteen years aforesaid." conflicting opinions which have been heard of by the Senate or Section 2, line 1, after "who shall," add " while this act remains in force." Section 2, line 5, strike out" prohibited" and insert " suSpended." by the committee are reconciled by this measure as it stands. Section 7, line 13, strike out "five" and insert" two." So I think there will not be a long debate o~ that subject. Section 12, line 3, after " of this act," add " other than those excepted in the first section thereof." MILITARY POST NEAR LITTLE ROCK, ARK. ' Section 13, at the end add: The PRESIDING OFFICER laid before the Senate the amend­ ''In case of the loss or destruction without the fault of any Chinaman of his certificate of residence which has been duly issued to him, a duplicate ment of the House to the bill (S. 113) to establish a military post may be issued under rules and regulations .Prescribed by said Secretary of near Little Rock, Ark. the Treasury." Mr. WALTHALL. I move that the Senate concur in the SEc. 14. Strike out in lines 2 to 6 the words: "And the provisions of all treaties now in force between the United States amendment of the House of Representatives. and the Chinese Empire, in so far as they or any of them conflict with the pro­ The PRESIDING OFFICER. The question is on the motion visions of this act, be, an

1892. CONGRESSIONAL RECORD--HOUSE. 3385 to allow the appropriation to b3 stricken out. I am sure that HOUSE OF REPRESENTATIVES. there will be no difficulty in having an appropriation yet before this Congress expires to carry out the purpose of the bill, after Mo'ND.A.Y, .April18, 1892. the titles have been perfected. The House met at 12 o'clock m. Prayer by the Chaplain, The PRESIDING OFFICER. The Senator from Mississippi Rev. W. H. MILBURN. D. D. moves that the Senate concur in the House amendment. The Journal of the proceedings of Saturday was read and ap­ The amendment was concurred in. proved. Mr. GEORGE. I move that the Senate adjourn. FRENCH SPOLIATION CLAIMS. The motion was agreed to; and (at 5 o'clock and 2 minutes p. rp.) the Senate adjourned until to-morrow, Tuesday, April 19, The SPEAKER laid before the House acommunicationfrom the 1892, at 12 o'clock meridian. assistant clerk of the Court of Claims, transmitting a copy of the findings of the court in the French spoliation claims arising out of the seizure of the vessel "Ship Speculator;" which was re­ NOMINATION. ferred to the Committee on Claims, and ordered to be printed. Executive nomination received by the Senate April18, 189e. CLAIMS ALLOWED BY ACCOUNTING OFFICERS OF THE TREAS· APPRAISER OF MERCHANDISE. URY. James H. Butler, of Maryland, to be appraiser of merchandise The SPEAKER also laid before the House a letter from the Sec­ in the district of Baltimore, in the State of Maryland, to succeed retary of the Treasury~ transmitting, in compliance with section Cecil J. Karsner, removed. 2 of the act of July 7, 1884, schedules of claims allowed by the several accounting officers of the Treasury Department; which CONFIRMATIONS. was referred to the Committee on Appropriations, and, with Executive norninations confirmed by the Senate Ap1~il18, 1892. accompanying papers, ordered to b3 printed. CONSUL. M. R. KIRKPATRICK. Nicholas Wertheim, a German subject, to be consul of the The SPEAKER also laid before the House a letter from the United States at Moscow. assistant clerk of the Court of Claims, transmitting a copy of the APPRAISER OF MERCHANDISE. findings of the court in the case of M. R. Kirkpatrick vs. The United States; which was referred to the Committee on War William C. Ralston, of California, to be appraiser of merchan­ Claims, and ordered to be printed. dise in the district of San Francisco, in the State of California. COLLECTOR OF CUSTOMS. LEAVE OF ABSENCE. Henry Z. Osborne, of California, now collector of customs for Bv unanimous consent, leave of absence was granted as follows: the district of Wilmington, in the State of California, to be col­ To Mr. WoLVERTON, for four days, on account of important lector of customs for the district of Los Angeles, in the State of business. California. · · To Mr. HENDERSON of North Carolina, for four days, on ac­ count of important business. APPOINTMENT IN REVENUE CUTTER SERVICE. SWAMP-LAND GRANTS. Thomas B. Brown, of Pennsylvania, to be a second assistant engineer"i!Ji}>ftRevenue Cutter Service. The SPEAKER. On a previous occasion the Committee on Public Lands was passed in the call of committees for motions PROMOTION IN MARINE HOSPITAL SERVICE. to suspend the rules. The Chair recognizes the gentleman from Passed Assistant Surg. William A. Wheeler, of Indiana, to Arkansas [Mr. McRAE]. be a surgeon in the Marine Hospital Service of the United Mr. McRAE. Mr. Speaker, I am directed by the Committee States. on Public Lands to move to suspend the rules and pass the bill PROMOTIONS IN THE NAVY. which I .send to the desk. Medical Director John Mills Browne, to be Surgeon-General The bill was read, as follows: and Chief of the Bureau of Medicine and Surgery. A bill (H. R. 5892) to adjust the swamp-land grants, to fix a limitation for Commodore James A. Greer, to be a rear-admiral in the Navy. the filing of claims thereunder, and for other purposes. Capt. Henry Erben, to be a commodore in the Navy. Be it enacted, etc., That it shall be the duty of the proper officers of the Treasury and Interior Departments, as soon as practicable, to adjust and PROMOTIONS IN THE ARMY. settle the claims of any State against the United States for all lands which have been or may hereafter be sold, or otherwise disposed of by the United Oaval?1J ann. States that were included in any grant of swamp and overflowed lands to Capt. Myles Moylan, Seventh Cavalry, to ba major. such State. First Lieut. John C. Gresham, Seventh Cavalry, to be captain. SEc. 2. That for all of said lands in any State which were sold for cash the said State shall have credit for the full amount of the purchase money re­ Second Lieut. Selah R. H. Tompkins, Seventh Cavalry, to be ceived by the United States and the same shall be paid over to the governor first lieutenant. or treasurer of said State; and for all of said lands in any State located with Second Lieut. Charles W. Farber, Eighth Cavalry, to be first warrants or scrip or which were otherwise dL<>posed of by the United States, and for which indemnity has not heretofore been granted, such State shall lieutenant. have indemnity in cash, the amount thereof to be limited to the price at Infantry a?"?n. which the lands were held at the date of their disposal by the United States, the said indemnity to be paid as herein provided in the cases where lands First Lieut. Arthur L. Wagner, Sixth Infantry, to be captain. were sold for cash. Second Lieut. R-obert L. Bullard, Tenth Infantry, to be first SEC. 3. That the Secretary of the Interior shall, when adjustments and al­ lieutenant. lowances, if any, are made by him under this act, report the same to the Sec­ retary of the Treasury, showing the amount ascertained to be due from the Capt. Samuel R. Jones, Fourth Artillery, to be assistant quar­ United States to such State on account of lands sold or otherwise disposed termaster with the rank of captain. of, and a description of the lands for which such indemnity is allowed, with Capt. Constantine Chase, assistant quartermaster, to be cap- the names of the persons to whom sold, patented, or granted, and the date the same was sold or otherwise disposed of; and the Secretary of the Treas­ tain of artillery. · ury shall cause such State to be credited with the amount or amounts so al­ POSTMASTERS. lowed and reported by the Secretary of the Interior, as of the last day of the year in which it was received or the lands otherwiSe disposed of, as the case Charles E. Brady, to be postmaster at Sandwich, in the county may be, and apply the same on the payment of any debt of the State to the of Barnstable and State of Massachusetts. United States, if any, and pay the balance, if any, over to the governor or Charles R. Van Giesen, to be postmaster at Weather!o·d, in treas.urerof the State. SEC. 4. That the acceptance by any State or its legal representative of in­ the county of Parker and State of Texas. _ demnity for any of the lands sold or otherwise disposed of by the United Charles J. Hostrasser, to be postmaster at Hearne, in the county States shall be a relinquishment and waiver of all its right, title, and interest of Robertson and State -of Texas. in and to such lands in place, and an acknowledgment and confirmation ot the title thereto in the grantees of the United States. Benjamin S. Johnson, to be postmaster at Puyallup, in the SEc. 5. That all selections of lands heretofore made, and all swamp-land county of Pierce and State of Washington. indemnity proofs now on file in the Department, taken in accordance with Leon L. Therme, to be postmaster at Farmington, in the county the rules of the Department at the date of the same, and which have not been finally rejected, shall be used in making adjustments under this act. of Van Buren and State of Iowa. SEc. 6. That all claims for lands in place, for cash, lands, or other indem­ Thomas A. Way, to be postmaster at Britt, in the county of nity, under the swamp-land laws or under this act. shall be forever barred Hancock and State of Iowa. unless presented to the Secretary of the Interior within two years from the Fred E. Milliken, to be postmaster at Gardiner, in the county . passage of this act. of Kennebec and State of Maine. The SPEAKER. Is a second demanded? Diederich P. Buchholz, to be postmaster at Altamont, in the Mr. KILGORE. Mr. Speaker, I demand a second. county of Effingham and State of Illinois. The SPEAKER. The Chair will appoint the gentleman from Alex McElroy, to be postmaster at Rockford, in the county of Arkansas [Mr. McRAE] and the gentleman from Texas [Mr. KIL- Floyd and State of Iowa. GORE] as tellers. · Cyrenius E. Morr:is, to be postmaster at Coon Rapids, in the Mr. McRAE. I ask tmanimous consent that a second be con­ county of Carroll and State ol1owa. · sidered as ordered.