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1210 CONGRESSIONAL RECORD-SENATE. FEBRUARY 15,

Kans., for an immediate appropriation to keep the River open the manufacture, sale, aud importatioiLof all aJcoholic beverages in the to navigation, and to protect important property interests now threat­ District of Columbia, were severally referred to the Select Committee ened by the washing of the river at that city-to the Committee on on the Alcoholic Liquor Traffic: Rivers and Harbors. . By Mr. McRAE (byrequest): Of202 citizens of the District of Colum­ Also, memorial of the Board of"Trade of Kansas City, Kans., for a bia.. public building in keeping with the necessities of the post--office and By Mr. C. H. ALLEN: OfRev. Edwin Smith and108citizensofthe the growth and importance of the city-to the Committee on Public Eighth district of :M:assachusetts. Buildings and Grounds. By l\Ir. BAKER: Of 99 citizens of the Thirtieth and Thirty--first dis­ By Ur. PERRY: Petition of citizens of Columbia, S.C., for an ap tricts of New York, and of 300 women of the Woman's Christian Tem­ propriation for the improvement of the Congaree River-to the Com­ perance Union, of Rochester, N. Y. mittee on Rivers and Harbors. By Mr. PERKINS: Of J. B. Cook, E. D. nates, and 88 others, citi­ By JI.Ir. RANDALL: Petition of A. G. P. Brown and others, for in­ zens of the Third district of Kansas. crease of the pension for tota.l or partial deafness-to the Committee on Im·alid Pensions. By Mr. SCULL: Papers in the claim of B. F. Jameson, for relief-to the Committee on Claims. SENATE. By Ir. SHAW: Petition of Mary C. Correll, widow of Christian Correll, of Carroll County, 1\Iaryland, for reference of her claim to the WEDNESD.A.Y, Febr'lta1·y 15, 1888. Court of Claims-to the Committee on War Claims. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Also, petition of Richard T. Howard, Company A, Eleventh Mary­ The Journal of yesterday's proceedings was read and approved. land Volunteer Infantry, and of William Otley, father of Robert Y. Otley, for pensions-to the Committee on Invalid Pensions. STATISTICAL ABSTRACT. By Mr. SNYDER: Resolutions of miners and laborers at Crown Hill, The PRESIDENT pro tempore laid before the Senate the following Kanawha County, West Virginia-to the Committee on Ways and concurrent resolution received yesterday from the House of Represent­ !leans. • atives; which was referred to the Committee on Printing: By Mr. STAHLNECKER: Petition of the United American Tobacco­ lN THE HOUSE OF REPRE ENTATIVES, February 14,18SS. Pipe Employers and Employes' Association, for protection to clay-pipe Resolved by the Hott,Se of Representatives (the Senate concurrina), That there be inuustries-to the Committee on Ways and Means. printed 15,000 additional copies of the Statistical Abstract of the By Mr. STRUBLE: Joint resolution of the General ~embly of for the year 1887, of which 5,000 copies shall be for the usc of the Senate and Iowa, for a law providing that judgments of the United States courts 10, 000 copies for the use of the House of Representatives. shall become liens on real estate only on the filing of transcripts of the CATTLE AKD DAIRY F AR:~U ~G. same by the clerks of the courts in the counties where the real estate is situated-to the Committee on the Judiciary. The PRESIDENT pt·o tempore laid before the Senate the amend­ By Mr. TAULBEE: Petition of John Brumley, ofCompany B, For­ ments of the House of Representatives to the concurrent I'esolution of ty-seventh Regiment Kentuck--y Infantry Volunteers -to the Committee the Senate of February l3, 1888, for printing 7,000 additional copies of Executive Document No. 51, first session Forty-ninth Congress, on the on Invalid Pensions. By .Mr. G. M. THOI\IAS: Petition of Thomasl\fattingley, for relief­ subject of cattle and dairy farming; which were referred to the Com· to the Committee on Military Affairs. mittee on Printing. '· Also, petition of William Preston, of Johnson County, Kentucky, for PETITIONS AND ME!tiORI.A.LS. reference of his claim to the Court of Claims-to the Committee on War The PRESIDENT pro tempore presented a memorial of Knights of Claims. Labor of South Amboy, N. J., remonstrating against the proposed By Mr. WEST: Petition of the letter-carriers of Schenectady, N. Y., change in the plans of the Baltimore and Railroad bridge across for a.n increase of salary-to the Committee on the Post-Office and Post­ the Arthur Kill near Elizabethport, N. J.; which was referred to the Roads. Committee on Commerce. By Mr. WHEELER: A bill to improve the navigation of the Ten­ He also presented a petition of citizens of the District of Columbia, nessee !liver at Colbert and Bee Tree Shoals-to the Committee on praying that an appropriation be made to keep the channel of the Po­ Rivers an

Mr. HAWLEY presented the petition of the president and faculty of A bill (S. 914) to gr.ant increase of pension to Joseph P. Owen; n,nd the \Ve.'3leyan University at Middletown, Conn., praying for the speedy A bill (S. 471) granting a pension to Richard W. IsbelL enactment of an international copyright law; which was referred to the Mr. SPOONER, from the Committee on Cbims, to whom was re­ Committee on Patents. ferred the bill (S. 1732) for the relief of H . P. Wells, asked to ])e dis­ Mr. HAMPTON presented a petition of the Woman's Christian Tem­ charged from its further consideration, and thnt it be relerred to the perance Union of South Carolina, officially signed, praying for the re­ Committee on Indian Affairs; which was agreed to. peal of the internal-reYenue tax on all alcoholic liquors; which was re­ Mr. JONES, of Arkansa..<>, from the Committee on Claim , to 'Yhom ferred to the Committee on Finance. was referred the bill (S. 316) for the relief of Edwanl Fitzgerald, re· Mr. HOAR presented the petition of C. A. and S. 1\I. Wheelock and ported it with an amendment, and submitted a r port thereon. other citizens of Worcester County, Massaehusetts, praying for a reduc­ Mr. MITCHELL, from the Committee on Cla.ims, to hom was re· tion of the duties on wool; which was referred to the Committee on ferred the bill (S. 4.02) for the relief of George F. Roberts, administrator Finance. of the estate of William B. Thayer, deceased, snrvi ving partner of Mr. CHANDLER presented the petition of Rev. William W. Li>­ Thayer Brothers, anc "'thers, submitted anad'"crse report thereon; aJld ingston, Rev. R. S. Mitchell, Mrs. S. Garfield, and the other officers of the bill was postponed indefinitely. the Woman's Christian Temperance Union, and 20 others, of Jaffrey, He also, from the same committee, to whom the subject was referred, N. H.; Rev. William H. Stewart, Rev. E. A. Read, and 52 others, of submitted a report, accompanied by a bill (S. 2001) for the relief of Hinsdale, N. H.; Dr. L. J. Graves, D. W. O'Neil, P. P. Coburn, Ira George F. Roberts, administrator of the estate of William B. Thayer, Colby, Charles N. Freeman, Herbert Bailey, and 36 others, of Clare­ deceased, surviving partner of Thayer Brothers, and others; which was mont, N. H.; M:rs. George 'Voodbnry, president of the ·woman's Chris­ read twice bv its title. tian Temperance Union, Rev. E. L. House, Rev. A. W. L. Nelson, and l\1r. SAwYER, from the Committee on Pensions, to whom were re­ 40 others, of Salem, N.H., praying for the passage of the bill to pro­ ferred the following bills, reported them severally without amendment, hibit the manufacture, sale, and importation of alcoholic beverages in and submitted reports thereon : the District of-Columbia; which was referred to the Committee on the A bill (S. 901) for the reliefofSophia W. Wright; District of Columbia. A bill ( S. 899) for the relief of Mary l\L Briggs; Mr. TURPIE presented a petition of ex-Union soldiers of Indiana, A bill (S. 1096) granting a pension to James Lucas; praying ~r the passage of the pen....qon rated service bill; which was re­ A bill (S. 1717) granting n. pension to Emma Von Bernewitz; and ferred to the Committee on Pensions. A bill (S. 830) granting a pension to Dand Williams. 1l1r. BOWEN presented a petition of citizens of La Plata County, :Mr. SAWYER.. , from the Committee on Pensions, to whom was re­ Colorado, praying for the removal of the Southern Ute Indians from ferred the bill (S. 811) granting a .peDEion to Lydia D. Holtz, reported their present location; which was ordered to lie on the table. it with an amendment, and submitted a report thereon. Mr. PLU111B presented a petition of 126 citizens of the First, Second, He also, from the same committee, to whom was referred the petition and Fifth Congressional districts of Kansas, praying for prohibition in of Margaret Callanan, widow of Eugene Callanan, ]ate in Com­ the District of Columbi..

which was read twice by it-8 title, and, with the accompanying paper, the question. Neither by enactment nor appropriation here, nor by referred to the Committee on Claims. any school system maintained by the States, can that great body of :M:r. HARRIS (by request) introduced a bill (S. 2011) for the relief illiteracy in the South, comprising all its colored population above the of Gilbert Thompson, Veronica Ulke, Julia F. Laskey, and F. G. Bar­ age of twenty years, be affected. This class embraces nearly three badoes; which was read twice by its title, and referred to the Com­ .millions of colored illiterates. mittee on the District of Columbia. Painful as it is, we must acknowledge the existence" of this profound Mr. -BECK introduced a bill (S. 2012) granting an increase of pension mass of illiteracy, and must bear with it and endure it until the tooth to Marcus D. Raymond; which was read twice by its title, and, with of time shall eat it away. So far as legislation goes it is dense, im­ the accompanying papers, referred to the Committee on Pensions. penetrable, immovable. Mr. BLODGETT introduced a bill (S. 2013) for the relief of Forman To do what is wisest and best for the illiterates of a tender age, who 'Mathews and David Stout Parker; which was read twice by its title, can be sent to the common schools, who can be provided with books and referred to the Committee on Claims. and teachers, and to whom intelligence can be communic.ated through He also introduced a bill (S. 2014) granting a pension to John Far­ the read and the written word, is the task to which the practical legis­ low; which was read twice by its title, and referred to the Committee lator should now give close attention. And, Mr. President, whatever on Pensions. may be the fate of this bill, whether it sliall at length pass into law and Mr. D.A. VIS introduced a bill (S. 2015) for the relief of H. K. Beld­ the experiment involved in its provisions shall be fairly tried out at ing; which was read twice by its title, and referred to the Committee the South, or whether it shall, for one reason or another,_come to wreck on Claims. · in its passage, I congratulate the Senator from New Hampshire, whose Mr. SAWYER (by request) introduced a bill (S. 2016) for the relief zeal and competency in its cause hn.ve never been questioned, upon the of William Wolff; which was read twice by its title, and referred to great good which has already been accomplished and is now going for­ the Committee on Military Affairs, ward not wholly without being advanced by the discussion and interest Mr. PALMER introduced a bill (S. 2017) providing for the purchase which this measure has aroused. of a site and the erection of a public building at Saginaw, Mich.; which The progress in the common-school system at the Soutlr, its increased was read twice by its title, and referred to the Committee on Public importance as an element in the life of Southern people, the enlarged Buildings and Grounds. appropriation of money, the lengthening of the school terms, the en­ couragement and wages paid to teachers, the buildingofschool-houses, AID TO CO~ON SCHOOLS. and, in short, all the things which go to make a successful common­ Mr. HALE. I ask that the Senate proceed now to the consideration school system, such as we and our ancestors have witnessed at the North, of the unfinished business. are indeed most gratifying, and -to many of us, who had not until lately The PRESIDENT pro tempm·e. The Senator from Maine moves that looked closely into the subject, surprising. the Senate proceed to the consideration of the unfinished business, being For myself, Mr. President, I have never yet seen my_way ~lear to the bill (S. 371) to aid in the establishment and temporary support of vote for the passage of this bill, and I am free to say that the 8)wakened common schools. · public interest at theNorth, showing an approval of the vote which my The motion was agreed to; and the Senate, as in Committee of the colleague and myself gave against it in the last Congress, has not been Whole, resumed the consideration of the bill. unwelcome. The PRESIDENT pro tempore. The pending amendment, submitted An editorial in the Portland Press, a leading Republican paper m the by the Senator from Kansas [Mr. PLUMB] will be read. State which he and I represent on this floor, sets forth some of the reasons The CHIEF CLERK. It is proposed to strike out section 2 of the bill~ for this awakening of public sentiment. I read the significant portion and in lieu thereof to insert: of this article: SEc. 2. That such money shall annually be divided among and paid out in the ~Ir. A. P. Marble, for many years superintendent of the Worcester schools, several States a.nd Territories a.nd id"'the District of Columbia., in proportion to and a gentleman well known in Maine, writes to the New York Evening Post their population, respectively, according to the census of1880: P1·ovided, That a letter in opposition to the Blair educational bill. When the matter of Federal all of said money remaining undistributed at the date of the publication of the aid to Southern schools was first broached Mr. Ma.rble was inclined to favor it. returns of population as shown by the census of 1890 shall be divided as afore­ Bu~reflection and astudy oftheresultsofana.logousexperiments have changed said in proportion to the population according to said census of 1890. his mind. He urges four re ~ sons why the Blair measure should not become a HALE. President, the history of this bill and the discus­ law. In the first place he thinks the Southern people need no stimulus of this• Mr. Mr. sort. ''They have awakened," he says," to the necessi~y of public education; sions attend ant upon its consideration by the Senate are most inter- and nre actively and successfully at work in the right direction." Secondly, the . esting. · South does not need tlle nid. It is as well and better able to establish and main­ tain proper schools than the border States of the w· est. Thirdly, a good deal of Unlike other measures, which by their inherent merit constantly the money would be frittered away in distribution, and would never be applied gain in strength until at last opposition disappears, this bill has raised to the use for which it was intended. Lastly, Mr. 1\Iarble believes the duty of new doubts as to the wisdomofits provisions and has developed oppo­ taking care of schools is one that belone;s to the people a.nd not to the Govern- m~~ . sition at every stage of its consideration. "If," says Mr. Marble," the people can not take care of themselves, and if the In the Forty-eighth Congress, when it first passed the Senate, the op­ Government must take ca1·e ot them, we reduce ourselves to a.n absurdity, since position to it largely came from Senators whose strict construction of the Government is nothing but the expression of the people's will." Mr. Mar­ ble says that nobody has a right to say that Massachusttts teachers are in favor the Constitution led them to the belief that the bill violated funda­ of the Blair bill. Several associations have apparently declared for it, but these mental propositions of that great instrument. declarations can not be said to be a fair expression oft.he sentiment of the mem­ In the Forty-ninth Congress the method of distribution of the vast bers of these associations, inasmuch as they have emanated from a minority and without a full discussion. It. is quite evident to the most casual observer that fund provided by the bill was assailed. The debate in this Chamber discussion has not helped the bill in public favor. At first a. great many assumed during the last month has shown that other practical considerations without much examination that the measure was ~oing to promote education are moving in Senators' minds, and ~we are brought fh.ce to face with in the South, and for that reason favored it. Exammation has cast suspicion on the correctness of this assumption, and consequently weakened public confi­ wider and deeper defects in the whole scheme which has been so ear­ dence in the bill as an educational measure. nestly and faithfully mged forward by the Senator from New Hamp­ To the same end, Mr. President, I also read a letter from a distin­ shire, who has charge of the bilL It is the hard fortune of this measure, guished gentleman whose services in the cause of education entitle him Mr. President, that, as time goes on. there are seen to be more reasons to the everlasting gratitude ofthe.American people. arising against its passage and fewer reasons are shown for its necessity General"S. C. Armstrong, of the Indian Industrial School at Hamp­ as a great public measure. Not only is this appaTent in the Senate, ton, Va., whose intelligence and interest in the subject of education but it is clearly discernible outside of Congress, among the people at will be questioned by no one, has, within the last two weeks, written large. the following letter upon this subject: The bill is philanthropic in its nature and appeals naturally to the liberality of sentiment which has always distinguished the American To the Editor of the Evening Post: SIR: As to our position towards the Blair bill, events seem to have pretty people, and which is apt to raise little question as to the cost in money clearly defined it for us. From 1870 to 1884 we, with others, worked for Gov­ ' of any great effort which is pot forth for the removal of a great public ernment aid for Southern schools, urgiBg Senator Hoar's bill, which failed to - evil. But the whole subject is so vast and so important that as the pass the House, and accepting the "Blair bill" when it appeared as the best thing we were likely to get. But we never regarded it as a bill which a true years have gone by the attention of thoughtful men1 both in the North educator would have framed, both because it granted too much a.id in too short and the South, has been more and more directed to it, and especially. a time, and because there was danger of a final reaction when its bounty should in the last two years has this attention resulted in new investigation cease. As then the marvelous and, we confess, unexpected growth and strength of as to the real condition in the South and a new scrutiny into the his­ the Southern school system made themselves manifest, and we began to study tory and methods of the great school systems in the Northern States. the causes to which these were due, we found that a change of base was forced IucTeased correspondence and communication with school officials aud upon us. The justification for this change I find in the vigor of sentiment ex­ isting in the South in favor of the public-school system; in the impartial devo­ leading educators at the South have brought to Congress and to the . tion to it of many ex-Confederate slaveholders, which I have personally wit­ public much new information as t~ the extent of the common-school nessed; in the fact t~at it is hopeless and. fa~l for .any politi~ian, wh~~vcr ~is system in the Southern States, and the participation in the benefits of stnnding, to oppose 1t (the negro vote finding 1ts chief excuse m the sohd1ty w1th which it goes for "free schools"); in the surprising development of Southern that school system by the colored population of the school age. resources; in the evident ability of the so-called border States to educate in a In additio to this, as has been disclosed by the debate here, Sen­ reasonable time all their children; in the great school endowment of Texas a~d ators realize more clearly that, in the mass of illiteracy at the South, the growing wealth of Georgia. and Alabama.; and in the progress of schools 1n Florida., Arkansas, and other States, which provide in all, it is estimated, 15,000 which every good ,citizen desires to see removed or lessened, there is a negro schools alone, of which Virginia has 1,600. large portion of that mass which we must needs leave entirely out of From our own standpoint we can say nothing stronger than that in the midst

.... 1888. CONGRESSIONAL RECORD-SENATE. 1213 of our struggle to secure from charity the mea.ns to support the Hampton School, the common-school systems of the Southern States, I desire to give we would not accept aid from State or people were it offered on the plan of the Blair blll, being conscious that in the end it would do us more harm than good. some facts and :figures showing the comparison which can be made be­ For here it is not merely education that we seek to give, but education through tween the resources and condition of the common schools in Maine and self· help. Take out the self-help and the rest is not worth much. Apply the some of the Southern States which it is claimed will be most benefited Blair bill to the Southern school system and it will check the growth of ~he best thing in Southern life, the effort of the people to educate themselves. One-third by this bill. of the Southern children of school age have to-day probably no chance for edu­ I start first, 1\Ir. President, by assuming that the fundamental prop­ cation; twenty years ago almost none had it; twenty years hence I believe all osition of the advocates of this measure lies in the assertion that its will have it. . Furthermore, as I see how far we are from securing ihe application of the rules object is to remove illiteracy and to thereby secure law and order and of civil·service reform to our Indian work, a sweeping change of officers being better citizenship. In touching upon the school statistics of .Maine I in order at the opening of every political change, I feel less confidence that Gov­ begin by a statement, not boastfully made, but taken from the census ernment bounty to Southern schools could be applied to the best advantage, while on the other band the use of funds from local taxation is carefully watched statistics of 1880, in which are found carefully compiled tables showing and abuses are fought wilh vigor. the number of persons in each State who are unable to read in every Above all things, educational work ought t<> be wholly free from party inter­ 1,000 of its inhabitants. In thislistitisgratifyingtoseethatthe State ests. Its foundations must be sure and permanent, not spasmodic and shifting, and for these reasons I have come gradually to the conclusion that national aid, of Maine holds the third place, only Iowa and Nebraska leading her in at least as provided by the Blair bill, is unwise and undesirable. • this record. Out of every 1,000 inhabitants in Iowa only 24 were found S. C. AR !STRONG. in 1880whowere unable to read; in Nebraska, 25 outof every1!000; and HAMPToN, VA., January 30. in Maine out of every 1,000 but 35 were found who were unable to read. I also read a very clear letter from President Hyde, of Bowdoin Col­ Other States follow closely after, but none are so hlgh in this scale as lege, in Maine: the three which I have given. FROM PRESIDENT HYDE, OF :BOWDOIN COLLEGE. I can not speak for the other two States, but I know that in Maine it To the Editor of the Evening Post: is the common-school system, which has been illustrated in her towns SIR: A sound and permanent school system must rest on the interest, the con­ and villages, on her rocky hillsides, and by her weather-beaten shores, viction, and the self-sacrifice of the local community. Federal aid would destroy these roots, from which a permanent system of common-school education must that has thus done its perfect work; and I should be less a lover of the draw its life. State than I am if I did not point with gratification and pride to this The support of the bill seems to be of two kinds. In so far as it is honest, it is record. based on the mischievous fallacy that it is the proper function of the Federal Government to do anything and everything that is in itself desirable. The otller It would be a hard task, Mr. President, in all that great portion of kind of support is due to the obvious availability of the bill as a channel through the State of Maine which lies outside of its larger towns and cities, to which the overflow in the Treasury can be drained off. Were it compelled to find a man, woman, or child above the age of ten years who can not n.ppeal djrectly to taxation for the money it proposes to expend, its defeat would he inevitable. To take ad vantage of the surplus for purposes outside of the legit­ read or write. llliterac.v has been banished by the common-school imate objects of Federal taxation is simply a device for obscuring the fact that system, which is maintained by the State, and by the State alone. we are imposing on ourselves an absurd and anomalous burden of taxation. The Senator from Missouri [.Mr. VEST], in the carefully prepared At the head of a petition in favor of the Blair bill, which has been circulated industriously in these parts, the fact that t.here is a surplus in the Treasury was speech which he delivered here several weeks since, gave some statis placed prominent among the reasons why the petitfon should be signed. tics showing the enrollment of children of school age in Maine, with These, in brief outline, are my reasons for opposing the Blair bill, and 1: think the average daily attendance and length of school year in days; but it was owing to similar reasons that only one signature to the petition mentioned above was obtained from the college faculty. j his :figures were taken from reports made up no later than to the year Very truly, yours, 1870. WM. DEW. HYDE. Not content with that, I have procured the repor~sof our State super BoWDOIN CoLLEGE, BRUNSWICK, ME., Februa1·y 8. intendent of common schools, a most faithful and competent officer, Also from President Angell, of the University of Michigan: running down to and including his last report, which covers the con FROIII PRESIDENT ANGELL, OF MICHIGAN. dition of the public school::wf Maine for the year 18 5-'86. The annual To the Editm· of the Evening Post: report for 1886-'87 has not yet been published. SIR: In reply to your request for my opinion of the so-called Bln.ir bill, now By this report I find that the whole number of scholars in the State, before the Senate, I beg leave to say that, while appreciating the high motives of those who are seeking the more general diffusion of education in the South, being childrenofschool age, was213,571. Ofthis number68percent. I am not able to favor the passage of the bill which Senator BLAIR and others are enrolled. The percentage of average attendance per year to tbe are advocating. whole number of scholars in the State is 47. The average length of Yours, truly, JAMES B. ANGELL, schools for the year is 20 weeks and 4 days, or, reckoning 5 school days President of the University of Michigan. to the week, an aggregate of 104 days. WASIDNGTO~, D. C., February 10. I give the corresponding :figures for some of the Southern States, as And from President Barnard, of Columbia College, and from President shown by the last reports of their superintendents of common schools Robinson, of Brown University: FROM PRESIDENT BARNARD, OF COLUMBIA. ..!. '0 cp~= . ~ oai To the Editor of the .Evening Post: .... o .Ql» 00 ~~ ocs Sm: I am already publicly on record in opposition to the measure proposed Cl).Q lll'O b,tc:.l ~§ and advocated by Senator BLAIR, which has become generally and very prop­ States. ~Ill <1)"0 'O.s erly known as •• A hill to promot-e mendicancy." 1\Iy objections are founded .... "0 btS::: .Q,... =G) (!$nsideration that it is totally without justification in the Con­ ,...oc:.:> ..... """"G) §» discourage the honorable spirit South Carolina ...... 63 69 70 of self-help in the subsiilized States, it is manifestly doing harm rather than North Carolina...... :...... 55 G2 62 good, and hence can not find even a poor pretext at justification under the much­ Georgia...... 57 66 65 abuseu •· general-welfare" clanse or section 8 of tho Constitution. Kentucky ...... 49 63 102 It is very gratifyiqg to observe the sweeping change of opinion which has Tennessee ...... •...•...... 61 59 78 taken place in regard to this bill since its first introduction, and the prospect 93 73 90 now that it can be defeated even in the Senate is one which must be hailed with 68 75 100 ltigh satisfaction by all sensible men. I am sure that there are few New Yorkers ~i~:?1f2::::::·:::::::::::·:::::::::::::::::::::::::{::::::::::::::::::::::::::::::::::::::::: 52 57 120 who will not regard with surprise and pain the fact that this miser)lobly unwise Texas...... 79 ...... 100 measure has found an advocate in the senior Senator from this State. Respectfully, yours, F. A.. P. BARNARD. Considering that the entire domestic institutions of the South were COLUMBIA COLLEGE, NEW YoRK, President's Room, Februa111 9. destroyed by wru.-, and that in the restoring period which followed in ""' FROM PRESIDENT ROBINSO~, OF :BROWN. but little could be done the ten yearssnceeeding, it is most remark To the LUto1· of the Evening Post: able, Mr. President, that the disparity shown by these :figures between Sm: Ten years ago I was very strongly in favor of Federal aid to education in Maine and old Southern slave States is no greater. In some of these the Soutllern States. But the time for such aid has passed. 1\Iy decided con­ slave States the length of the school year, it will be perceived, is in ex viction now is that it is not only unnecessary, but would proYe positively mis­ chievous. It would work directly to the hinderance of the very object it aims to cess of that of the State of Maine. promote. Ur. BLAIR. If the Senator will permit me, I will say to him that Youra, very truly, the late returns do not justify his assumption. E. G. ROBINSON. ilROW~ UNIVERSITY, PROVIDEXCE, R.I., Februm11 7. 1\fr. HALE. I do not know what later information the Senator from New Hampshir~ has. He refers to the State of Florida1 but the :figures The considerations suggested by General Armstrong touching the pro­ that I have given purport to come, and I suppose they do come, from found importance of "education through self-help" can not fail to be the authorities. appreciated, especially by any New England Senator who has seen the This record, 1\Ir. President, must be most gratifying to every good practical operation of the commou·school system in New England as citizen and patriot. It shows what was not demonstrated by the cen illustrated in the smaller towns and districts. sus taken nearly ten years ago, that the advantages of common-school Bearing upon the necessity at the present time for the appropriations education for all the people and the necessity for a well-sustained com of money involved by this bill, which mainly are intended to re-enf~rce mon-school system have of late been appreciated in the Southern States. •,

·. 1214 CONGRESSIONAL RECORD-SENA1'E. FEBRUARY 15;

The increase in fifteen years, in some of these States, of childrenaUend­ added to the common-school fund of Maine the sum of half a million ing school is shown us follows: of dollars yeady during the last fifty yea.rs, a better condition of the In 1869 only 108,074 attended school in Virginia. In 1884-'85 the population of that State, upon the test of illiteracy, would be shown number had increased to 303,343. to-day. The habit of home management, of home interest, of home In Florida the number of scholars nearly doubled, the increase being suppoit, which I have so imperfectly described, would have been se­ from 38,315 to 62,327. riously interfered with and might have had its ennobling foundation In Arkansas the increase from 1882-'83 to 1883-'84wasfrom 112,233 sapped and mined by such benefaction. to 153,216. It is not, I say again, a question alone of money. The irrigation In Alabama the common schools have grown in number, in four which any system of education needs to prevent its becoming dry and years, from 4,624 schools, with 177,428 pupils, to 5,595 schools, with lifeless does not come alone in such ways. Only so much water can 252,967 pupils. be poured throngh the pipe which at last gives the moistening and re­ In Georgia the increase in four years has been from 244,197 scholars viving effect of the constant supply. All the rest wastes and is worse to 309,594. than useless. · The increase in appropriations and expenditures for schools has been The third thing that is shown by the comparison which I have in the same proportion. In Alabama, in four years, the fund has in­ giveq, between Maine and other States, is that, if it is determined creased from $392,904 to $523,353. that, from the red'tl.ndant revenues of the Government, some aid In Arkansas the increase in three years has been from $479,471 to should be given to public schools in the different Sta.tes, under a bill $866,892. • so carefully guarded in its pmvisions that the appropriation shall be In Georgia, in four years, the increase has been from $498,533 to an incentive to work at home, rather than an excuse for such work $723,161. ceasing, then the State of Maine, instead of being taxed for the benefit In Florida the increase in four years has been from $133~260 to of other States, should receive its share according to population, $400,000. which is indicated in the amendment offered by the Senator from At this rate of increase, under present conditions, States having the Kansas. same population as Maine or less will in a few years be spending more Mr. President, every Senator should take satisfaction and encourage­ money for common schools than Maine, and the attendance of children ment in the condition of the South, as shown by the facts which have at school and the length of the school year in days will be much greater. been brought to our notice within these last 1ew years, relating to The figures -that I have given from the State of Maine, upon which common schools. The system is by no means perfect in these States; has been built up her common-school system that bas resulted in but enough has been shown to make it clear that the material develop­ placing her almost at the head of the roll of States upon the comparison ment in that section, which is one of the wonders of thi present dec­ of illiteracy, show clearly three things: ade, has been accompanied by corresponding attention to and advance­ First,thatintelligencemaybediffn.sedandillitei>acydisappearthrough ment in the work of education. the operation of its common-school system in a S4J.te which has in its The next census will, I hope, disclose a condition there, both of borders no great cities nor very great accumulation of individual wealth, material prosperity and i-dvancing education, gratifYing to every lover and which has received nothing from the General Government with of his country, aml will furnish. statistics of illitemcy, as applied to which to increase its common-school fund. All the money in Maine age and to color, upon which, if need be, vt"e can more intelligently expended upon common schools is derived from State or municipal tax­ legislate. ation. That the Southern States are no longer poor and unable to support Secondly, these sbl.tisti~ show tbat it is not merely the amount of common schools.has already been settJ.ed. money expended nor the average le~gth of the school year, in days, I have never felt that in the destruction of slrwery, and in giving free­ which gives life to an edttcational system. Something more than this dom to the colored man, t.he Southern people, as a whole, lost in prop­ is needed. It is what General Armstrong calls the ''education that erty. Emancipation did not destroy property, so fur as the State and comes from self-help." Nowhere is this more plainly illustrated than the public condition are concerned. Individuals lost, but the commu­ --- in the State of Maine. nity gained. The sum of huma.n endeavor, human enterpri e, and h u­ I turn, with pleasure, Mr. President~ to the contemplation of the man thrift was increased, and these make property. You1p.ight as well "self-help" that is given, especially in the smaller towns of the State declare because Great Britain lost her greatest American colony in the of 1r1aine, in the management of their schools and their school funds. war of the Revolution that thereby the world had lost, when e·rerybody In the annual March meetings of these towns, often held before the in­ knows to the contrary. ' clemency of the winter season has p3..ssed, all the voters of the town Mr. BLAIR. ·wm the Senator allow me to ask him a question? assemble to consider the subjects which shall, fOT the coming year, 1\Ir. HALE. Yes, sir. touch most closely their every-day life and the prosperity of the house­ Mr. BLAIR. Conceding that what the Senator says is true, that the holds which go to make up its population. South as a whole was not impoverished by tb.e liber~tion of the slaves, Mr. BUTLER. May I ask my friend, as a matter of information, does he not recognize that the burden of education was increased by how often those meetings o~cur ? the fact that the slave population previously under individual control M~ HALE. I have referred to them as the annual meetings in the by law, have now become a free population of Americn.n citizens, re· State of Maine. They are a most distinguishing feature in the life of qui.ring education and yet having no property of their own wherewit.h New England people. / to obtain it? Mr. BUTLER. What is the geographical area represented by those Mr. HALE. I do not admit the last part of the Senator's proposi· meetings-townships or towns? tion. From some investigation that I have been able to make I do not Mr. HALE. We call them towns in New England. The regular believe it to be true that the colored man in the South to-day is with­ town, as laid out in the planning and plotting by different surveyors out property. One of the things that the colored man set himself to under different proprietorships, was generally 6 miles square. Some do after his emancipation, and after he passed through that fire of per­ of the towns are a little larger and some are smaller, and from all the secution that he endured afterwards, was to become interested in the neighborhoods in this large territory come the farmers and the me­ soil, to acquire land, and he bas been acquiring it ever since, and it is chanics and the professional men, the doctors and the lawyers and the to me a good test as to his advancement that he has done so. .All oYer ministers, not clamoring for national aid or for outside support, but the South the next census will show this _remarkable capacity of the giving by their presence and their interest the self-help which has built colored man for sustaining himself and acquil'ing property in addition up our New England towns and has made intelligence therein as dif­ to sustaining himself, and all these go as factors in making up a popu- fusive as the air we breathe. lation that is able to support common schools. . There is no subject which. is discussed in these meetings that is not I am impressed, ·Mr. President, by the consideration which bas been fully considered as a business matter, and which does not have the presented of the gradual decline of State interest and aid to common "self-help" of every man who has property to be protected and a fam­ schools when the General Government has taken upon itself a pnrb of ily to be cared for. Roads and bridges, the care of the poor, the finances this burden. All experience shows that in any field occupicdjoinlly by of the town, and, above all, the support which is to be given to the com­ the Federal and the State governments, the absorption and aggression - I mon schools, the money to pay for which shall be taxed upon the prop­ are in one direction. The Federal interest increases and the Federal erty of the town, are most fully discn.ssed and decided upon. control increases, and it is the State interest that yields and grows in­ If, as is not infrequently the case, the number of children enrolled in different and slothful; but I will spend no further time upon thi . the schools is decreasing because of emigration from the State and the Mr. President, if I could see my way clear to vote for this bill I lessening of the 11;umbers in families, the advantages of the shorter time should be glad to do so. I recognize the patriotism, the zeal, and per­ to the boys and girls who attend such school are aU the more appre­ sistency with which its authors and supporters ha.ve urged and pressed ciated. its consideration. Under this system illiteracy never shows its head. You may search The object which is sought is a noble one. To uplift that prostrate such a town from corner to corner and no man, woman, or child above race to communicate to its masses of children the light of intelligence, the age of ten years will be found in its borders who can not write an and' thereby promote or(!er and good citizenship, is a work to inspire intelligible letter, or who can not, on Sunday morning, read a chapter the faintest and most flagging heart; but I do not find, and I am s~e in the New Testament. that other Senators do not find, in the measure before us that which I doubt, Mr. President, whether, if the General Government had will accomplish these most desirable objects. I am sure that, Up)n this

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1888. CONGRESSIONAL RECORD-SENATE. 1215

floor, many SeJ?ators, who in other C?ngresses .hav~ been :wPJing to equally suit each and all of the eight~en specified powers, the relation, mean­ ing and intent of them (the intent being the vital point) can be best shown by a support the bill and tp make the experrment whiCh Its proVISions con­ slight change of the collocation of the phrase, while keeping the words and template, are beset by new doubts and new fears. punctuation without change. It is thus made to read as follows: .AP, I said in beginning, it is the fate of the bill, as time goes ~m, Aection 8. The Congress, to pay the debts and provide for the common defence and general welfare of the United States, shall have power that less necessity is seen for its enactment, and more and more obJ.eC· To lay and collect taxes, duties, imposts, and excises; but. all duties, imposts, tions arise to its provisions. It "drags at each remove a lengthenmg and excises shall be uniform throughout the United States; chain.'' To borrow money * * * ; :Mr. 1r10RG.A.N. 1r1r. President, the >ery important constitutional To regulate commerce * * * ; * * * * * * ' * question which is presented by this bill prompted me to consult some The argument is factual-made up ofh~torical truths an~ r:ecords, a~d in no- gentlemen wh

my vote -as having been cast for the educational bill for the blind. On In the course of this debate I have heard the name of General Jack­ that measure I find that I am recorded as absent and not voting at all. son cited as an authority in favor of an appropriation of this kind, and The explanation of that is, as I now recall it, that this vote having I have heard the name of John C. Calhoun also quoted in favor of such been taken on the 3d of March I had left for home, and therefore was appropriation. Some years ago I took ocea3ion to refer to the debates not here to vote. On that· educational bill for the blind the yeas were upon the distribution of the surplus funds in 1836, and I found the 40, the nn.ys 7, and the absentees 29. · opinions of these gentlemen in-connection with that subject, and as So the Senator was clearly and entirely mistaken in saying that I they have been cited now as authorities in favor of this bill I will call voted for the bill. I suppose his object was to convict me and those attention again to the views expressed by General Jackson on that sub­ who oppose this bill of inconsistency. We have sins of commission ject, and also the views of Mr. Calhoun. enough to answer for without being called to account for those for It will be remembered that General Jackson, as early#S 1829, in his which we are not re5ponsible. I simply desire to make this correction first annual message to Congress after his election, foreseeing that the that it ma,y appear in the RECORD. public debt would soon be paid and that the revenues of the country Mr. CALL. Mr. President, the RECORD is as follows after what the would be piling up in the Federal Treasury, called the attention of Senator from South Carolina has read: Congress to the fact that the public debt would soon be extinguished, Mr. BUTLER. What is the provision of that law, may I ask my friend? and under the then revenue system of the country there would accumu­ 1\Ir. CALL. I have already read it. I will read the list again. late in the public Treasury a large surplus, and· he deprecated what he And there comes a list of the real vote as given on the bill for the supposed would be the effect of a large surplus in the Treasury-that education of the blind. it would lead to wasteful legislation-and he urged Congress to make Mr. BUTLER. Uy name is not on that list. some provision whereby this anticipated surplus might be got rid of !Ir. CALL. No; the Senator's name is noton that list, buttheSen­ when it accumW-ated. I have an extract from that message, which I ator proceeded to say: will read, in which he suggested that there might be a want of consti­ That money was not thrust into all the States as this bill proposes to do; it tutional power to distribute it among the States, and suggested the was confined to a single institution, national in its character; and if I were put propriety of a constitutional amendment for that purpose. I will read upon my voir dire, I would say that that was a straining of the Constitution from his message: · somewhf\t, though I voted for it. After the extinction of the public debt it is not probable that any adjostment I had the Senator's statement for his vote, but I did not have the of the tariff, upon principles satisfactory to the people of the Union, will, until record. a remote period, if ever, leave the Government without a considerable tourplus Mr. BUTLER. I took the Senator's statement, supposing that he in the Treasury, beyond what may be required for its current service. As then the period approaches when the application of the revenue to the payment or had examined the RECORD and quoted it correctly; but it seems that debt will cease, the disposition of the smplus will present a subject for the seri­ he had not. Of course I can not remember every vote I may have cast. ous deliberation of Congress, and it may be fortunate for the country that it is Mr. CALL. The real vote was given by me, and it happened by ac- yet to be decided. Considered in connection with the difficulties which have heretofore attended appropriations for purposes of internal improvement, and cident that at first the vote on the wrong bill was given, but it was cor- with those which this experience tells us will certainly arise, whenever power rected ~nd the correct vote was given, and the Senator is the only one over such subjects may be exercised by the Geueral Government, it is hoped f th d h d · d t t f, th bill that it may lead to the adoption of some plan which may reconcile the diversi- 0 e persons name W 0 1 no vo e or e · fied interests of the States and strengthen the bonds which unite them. Every Mr. SAULSBURY. Mr. President, I had not intended to make any member of the Union, in peace and in war, will be benefited by the improve­ remarks on this bill at this time, as I have stated my objections to it on ment of inland navigation and the construction of highways in the several fi · Th I h fi t d "t h th S.tates. ' Letustbenendeavortoattainthisbenefitinamodewbichwillbesat- a ormer- occas10n. e more ave re ec e upon 1 ' owever, e isfactory to all. That hitherto adopted has. by many of our fellow-citizens, stronger bas become my conviction that there never was a more inde- been deprecated as an infraction of the Constitution, while by others it bas been· fensible measure proposed in the Senate of the United States. What is viewed as inexpedient. All feel that it has been employed at the expense of "t? A "ti t t k t f th Tr f th U "ted State harmony in the legislative councils. 1 • proposl on ° a e ou 0 e easury 0 e nl s To avoid these evils, it appears to me that the most safe, just, and federal dis- $79,000,000 and pay it out to the States upon certain conditions to edu- position which could be made of the surplus revenue would be its apportion­ cate the children in public schools, and to distribute that money, not by ment among tbe several States according to their ratio of representation, and any equitable or recognized principle of distribution, but upon a principle should this measure not be found warranted by the. Constitution, that it would be expedient to propose to the States an amendment authorizing it. I 1·egard that has never before been applied in this country or any other country. an appeal to the source of power, in cases of real doubt, and where its exercise It is not to be apportioned according to population or representation in is deemed indispensable to the general welfare, as among tbe most sacred of all Congress, but to be paid on the ratio of the ignorance of the people in our obligations. the several States. That was the view of General Jackson. Subsequent to that period I shall not enter into the constitutional discussion of this question. Mr. Calhoun, after the surplus began to accumulate, brought in a res­ I expressed my views when the bill was before the Senate at a-former olution for the distribution of that money. It was referred to a select time somewhat at length, and argued the constitutional power of Con- committee. It was a resolution proposing an amendment tO the Con­ gress to pass this bill. That question has been so ably discussed in this stitntion authorizing the distribution of this money among the several debate by those with whom I concur that I think it would be a work States according to the ratio of representation in Congress. of supererogation to .attempt to..supplemen~ their very conclusive argu- That resolution was referred to :1 select committee. That committee, ments by any argument of my own now on that very important ques- however, came to ~he conclusion that owing to the change in the tariff tion. . system made in 1832 no plethora would arise, and failed to act upon it. The Senator from Missouri [Mr. VEST], who opened the discussion, SubsequentJy, when the surplus arose, Mr. Calhoun again introduced presented a very clear and logica,l argument on the constitutional points the subject of the distribution of the surplus then in the Treasury, and involved. The Senators from Texas [Mr. REAGAN and Mr. COKE], my the surplus that should arise up to the year 1842, among the several colleague, the Senator from Delaware [Mr. GRAY], and the Senator Statesofthe Union according to their ratio of representation in Con· from Alabama [Mr. MORGAN] also ably discussed the constitutional gress. He referred to his former opinion that a constitutional amend­ questions, and I take it upon myself to say that their arguments in ment was necessary to meet the emergency, if time would allow. reference to the want of constitutional power were perfect and conclu- Ur. Webster moved to strike out that provision which referred to the sive. There never was a mathematical problem more perfectly demon- distribution of surplus yet to arise. I have not examined what his strated than was the position which those gentlemen took in reference 1·easons for it were, but I suppose they were the same reasons which to the want of constitutional power to pass this measure. The same induced the committee to which it was referred to strike it out, because view was presented yesterday by the Senator from Connecticut [Mr. there was no constitutional power to distribute :1 fund in any way which H.A WLEY], who argued the question of want of authority in a manner had not arisen. t.bat was unauswemble. _ Mr. Calhoun's bill, the bill to which I have just alluded, was rc- . Whatever may' be thefate of this bill, ifitshall bepassedordefeated, ferred to a select committee. That committee acceded to the proposi­ the Senators who oppose the mea.surehaveplaced their opposition upon tion of Mr. Webster to strike out the provision for the distribution of a foundation which can not be shaken. any surplus which should thereafter arise, and changed the bill from I have listened, too, with a good deal of attention and interest to the 1 a bill of distribution to a, bill to deposit with the States the money, and argument made here in favor of the bill by the Senator from Alabama that was the bill which passed Congress afterwards. [Mr. PUGH], who sits on my left. I was pleased with the ingenuity · The committee reported that bill and it was adoptell, making a loan, which be displ:1yed in trying to find a, shelter, n. place of refuge for the .a deposit with the States upon,a certificate given by the State autbori­ untenable position which he had taken in reference to this question. ties to return the money whenever it should be required. Even that The great ability a.nd ingenuity of that argument won_my attention, proposition was amended, because under that the Secretary of the Txeas· as I have no doubt it attracted the attention of every member of the ury, as t~ committee had reported it, would have been compelled to Senate; but bow does he meet the argument against the authority to have gone to Congress for authority to use those certificates of deposit. pass the bill? After a careful hunt through the Constitution for some Mr. Ta,llmadge, of New York, moved to make them assignable by the :1uthority on which to base the bill, he wound up by declaring that the Secretary of the Treasur:y, and that was done; so that those certificates power was in the discretion of Congress under the provision of the Con- remain now in the public Treasury, assignable by the Secretary of the s.titution relating to the general welfare. Well, Mr. President, if the Treasury whenever the exigencies of the Government require it tore­ discretion of Congress is such that a bill like this can secure votes in alize the money from the certificates of the State3. the Senate, the discretion of Congress will justly be considered a very I cite these instances in order to answer the allegation that General unsafe depository of power by the people of this country. · Jackson and Mr. Calhoun were in fa\·or of such a distribution or ape 1888. CONGRESSIONAL RECORD-SENATE. 1217"

propriation as is'proposed in this bill They were in favor of distrib­ as much money as is expended for educational purposeS in those States: uting the surplus in the Treasury if the constitutional power existed, Mr. GRAY. The cost ofliving? General Jackson in his message suggesting the want of Federal power 1\Ir. SAULSBURY. Independently of· that, I refer to the cost of :mdrecommendingaresort back to the sources of power, to the people, by labor itself to produce the cotton crop, the tobacco crop, the rice crop, an amendment to the Constitution, to enable them todistributethesur­ the sugar crop. The difference in cost of all the varied crops which are plus money in the Treasury. produced would fully pay for the education of every child in the South- Mr. President, I do not intend to occupy much of the time of the ern States. ' Senate; but let me ask, if Congress has power to pass the bill, where is M:r. President, the plea that it is a matter of necessity, that the South­ there any limitation to the power of Congress? The only authority ern people are too poor to educate their ~hildren, is all a delusion; there claimed is under the provision of the Constitution in reference to the is no truth in it. As was said by the Senator from Connecticut [Mr. general welfare. As I before remarked, my friend from Alabama found HAWLEY] yesterday, it may be that they have :v.ot yet realized the the power lodged in that provision of the Constitution, and in the con­ necessity for it as much as in some other sections of the country, but clusion of his argument, as I understood it, admitted that the exer­ the ability of the Southern people is ample to meet this or any other cise of the power and the determination of what the general welfare emergency upon them. ' required rested in the discretion of Congress. I again remark that the M:r. President, I sincerely wish the ~ill could be defeated. There is · people of this country will consider the discretion of Congress a very no necessity for it, in my opinion, in any portion of this country; but unsafe depository of Federal power if this bill should pass. if there was no ot.her objection whatever, if there was perfect constitu­ Butifyou have authority to pass this bill, where, I ask again, is the tional warrant to pass the bill, I should vote against it in the interests limitation upon your authority? Can you not clothe the children under of education itself. The remarks which were made by the Senator from the same power just as well as to pay the tuition? Can you not feed Connecticutyesterdaywereveryappropriate, and must have commended the children who are to go to schooljust as legally and constitutionally ~hemselves to the sound judgment of every member of the Senate. as you can provide for the application of money to their education? The moment that you remove the obligation which nature has put upon And is there not the same necessity for such an application of public the parent and transfer it to the General Government, that moment you funds as to their education? How many children in the land to-day weaken the interest of the parent and of the local community in tlte are starving for want of something to eat, who are unable to go to education of the children therein, and they are turned over to the ten­ school because they have not anything which they can take with them der mercies of the General Government, deprived of the paternal and to subsist upon. How many are to-day not clad sufficitmtly to go to local interest felt in their education, so essential to their success. school. · I recall the days ofmyboyhood, when we had no free-school syste--1.11 llir. CALL. We are feeding them in this District. in my State, where the parents of the children met and employed their Mr. SAULSBURY. I admit the power of Congress over this Dis­ teacher, saw that their children went to school, and gave personal nt: trict, but there is a distinction between the power of Congress over the tention and supervision to their ednr.ation. That was the best system, District of Columbia and the States of the Federal Union. It is not so far as (}btaining profitable res~ts from education were concerned: of only these ill-fed and illy-clad children, but there are hundreds of any that I-have ever seen. Education might not have been so g'!n­ thousands of people of all ages in the country to-day who are destitute erally diffused; that I admit is-true; but those who were educated of the means of proper subsistence, who areneither fed norcladasthey under that system, under the immediate supervision of their parents, ought t<1 be, and who are suffering to-day, as well as starving in cellars and of teachers employed by their parents, were better educated than and in garrets for want of coal or other fuel to keep them warm. they are in the common schools of the country to-day. Education may If you have the power to pass this bill, you have the power to do not have been so generally disseminated and diffused, but that system anything yon please, because it rests simply in the discretion of Con­ illustrated the interest of the parent and of the local community in the gress to consider wbat will promote the general welfare. Would it not schools; and the moment you destroy that interest you inflict a greater promote the general welfare just as much to feed the hungry and starv­ injury upon the cause of education than all the money which is pro­ ing populations of your large cities, where women are making panta­ posed by this bill will be worth. loons for 7 cents apiece and other garments at mere starving prices, Sir, for one I am sorry that this bill is to pass, as I believe it will ·where they work on Sunday as well as every dayandnigbtin the week? pass the Senate, but I want to record my vote against it. I represent The tramps who fill your land are but the representatives of a large in part on this floor one of the smallest States in this Union, small in class of people to-day who are snffering for want of something to eat the extent of her territory and limited in her resources, with few naV and something to wear. If you have the power over the funds in the ural advantages, few natural elements of wealth, with no mineral wealth Federal Treasury that is claimed for the purpose of passing this bill, within her borders, with no coal or iron, dependent to a very large ex­ why not extend the benevolent hand of the Government and feed and tent for her sources of revenue upon taxation imposed upon her people. clothe those people? Sir, yon would perform as great a public service But I am sure that the State, which was the first to adopt the Con­ to the country as to pass this bill, and would perhaps save hundreds stitution and enter this Union, and by that act agreed to give up a part and thousands of men and women from the paths of vice and bring of her sovereign power to the General Government, but expressly re­ them up to be useful citizens, and you have just as much power to do served in the same instrument her control over her own domestic in­ that as you have to pass this measure. stitutions, would not willingly surrender those reserved rights for all It is claimed as one of the excuses for this bill that the Southern peo­ the money which she could derive under this bill. ple are not able to educate the colored people. I deny it. I say here, I am certain of another thing, sir, that though she may be small in and say it deliberately, upon reflection, that I have no question but territory, small in resources, she is proud of the elf-reliance of her own that the Southern people are as able to educate the children in their citizens, and will never barter away the reserved rights which she has midst as the people of any portion of this country. What are the re­ under the Constitution, nor reach forth the hand of a mendicant to sources of all the Southern States? Have you ever thought of it? ask the charity of the Federal Government. .. Why, sir, to-day the evidences of wealth exist there to an extent that Mr. CALL. M:r. President, I wish to say only one word. I wish t

1218 CONGRESSIONAL RECORD-SENATE. FEBRUARY 15,

It is of very little consequence relatively what becomes of the pres­ wicked work. .And as Jesuits have been expelled from the Old World, ent generation. What we are, we are, and are likely to be; but it is of let me say that the time is sooncomingwhen theJesuitswill be looked great consequence what shall be the fate of the future, which depends so upon as more the enemy of this country than is the .Anarchist to-day. largely upon the conduct of the present. The real question is whether .And the process either of their expulsion or of their conversion will be this generation, with matured powers for the control of the destiny of one in which the .American people will some time be engaged, unless the country for the time being, is to make that provision for the gener­ the order change their programme and their work. ation to come which has been made for the generation existing by those l\1r. President, I said that they began in season or attempted to, so who have preceded it; whether this generation, so far as it has the ca­ far as the Senate is concerned, in this Congress, and I told th& truth, pacity to do so, is to make better preparation for the discharge of its and I have nothing more to say upon that point. duties on the part of the coming genern.tion, so far as it should be made, It is claimed here that the nece~ ity of nation..'ltl aid to common than was made by those who preceded us. schools has pa~d away, and all through the North the press has been That is the real question between the present generation and the com­ so asserting, I know not under what influence. In this debate the ing generations, between the matured people of this great nation and point has been by irrefragable proof overwhelminglx met. I read here the children of this country; and when we are told that to assist the for three or four days demonstrations from every State in the South of cause of education is to destroy the principle of self-help we are merely the falsehood of this allegation that aid was no longer needed, demon­ listeningtotheuttermostabsurfuty. Whatcominggenerationeveredu­ strations, I say, from the highest authorities and most reliable men cated itself? What Senator on this floor, what citizen of the United that it was still a necessity and as much so as ever. States ever was educated without receiving as much or more assistance As the influence to which I have aUuded found its w~ to the North . from outside himself than it is pTopo ed to give bytheprovicsions of this great papers which a. few years ::tgo were advocating this measure bill, supplemented by the already great contributions of the country at ch:mged their ground. The , which for years ad vo­ large to the cause of common schools and higher education as well? cated even the extra.ordinary appropriation suggested by our revered What man now upon the arena of active life ever furnished the school­ and deceased associate, General Logan, which carried $80,000,000 ill a house or qualified the teacher who gave to him instruction, provided year to the school system of this country, a sum exceeding the whole himself with .his own books, taught himself the alphabet, contributed amount proposed in this bill to be appropriated for eight years, is now ina.ny way tohisowneducation, withouthavingsnpplied tohimevery­ against this bill, and denounces it as a bill for the promotion of men­ thing that it is proposed by this bill to give? dicity! What l:.as produced that change? The Boston Herald was .And yet we are told that to make this provision for the South, to for years an advocate of this measure, but abandoned it in the last furnish suitable conveniences and facilities for common-school educa­ Congress about half-wfly through the discussion; then sitting conven­ tion, for learning to read and to write, and to remove the two million of iently for a short time on the fence, looking first one way and then voters from our country who are now unable to read their ballots, and the other, it finally concluded that on the whole perhaps the bill had to prevent a substitution of a still larger number as the coming genera­ better not pass, and ever since then it has been an opponent. The tion approaches-we are told that to do this, which was done for us by Boston Advertiser, the New York Times-the TiJlles for years an ad­ our fathers, is to destroy the principle of self-help; and college pro­ vocate of this bill, and changing when there was no pretense that the fessors come here and college presidents come here and General Arm­ necessity had passed away-are now against the bill. Why is this? strong comes here after years of advocacy for the principles of this Why, sir, upon the staff of e ery great paper of this country to-day measure, and they·declare now that to enact this bill into law is to de­ is a Jesuit~ and the business of that mn.n is to see that a blow is struck stroy the great principle of self-help, and they stigmatize it as a bill for whenever there is an opportunity to strike at the common-school sys­ the promotion ofmendicancy, of beggary. Why, 1\Ir. President, are not tem of America; and the further investigation there is in this direc­ the greatest beggars upon the face of God's earth the presidents of the tion the more patent will this appear. colleges of the United States, and General Armstrong the superior of I have here newspapers, the organs of these men, in which the bill is the whole? It is because they have been such accomplished and suc­ denounced and I am personally assailed, which show sufficiently,if there cessful beggars that in this country to-day we have on the whole a were any question about where this organization is. higher education, superior to that of any other people on the face of There is another power which is against this bill. I have never seen the earth. It is largely because great beggars and successful beggars it assailed by that power until this Congress; but it is awaketotheidea have succeeded, as General Armstrong has, in establishing an institution that the general diffusion of intelligence through our common schools at Ha.mpton which is the glory of the State and of the country. If they will result in less drunkenness and less consumption of int-oxicating were not beggars they would be useless in the high >ocation to which drinks; and the Sentinel, of this city, the organ of the power of which I they have been called. now spe:1k, recogriized as the organ of that power for years-and there is Why, Mr. President, I believe some have called this a bill for the pro­ not a Senator who does not know that it is so-comes out very recently motion of mendicity. It has been so styled by the and in a violent assault upon this school bill, which bad p. sed the Se:n::tte the Washington Post and other organs of Jesuitism in this country, for by a three-fourths vote on more than one occasion, which has been in­ --this is a great fight initiating and already outlining itself for the future dorsed by the most eminent constitutional lawyers of the country and between the common :schools of the United States and those influences of the Senate, and in thisSenatethere are constitutionallawyerswhose which would subvert this great system. I tell you, sir, that upon this superiors are nowhere. very floor, soon after we had passed this bill two years ago, and while It is a bill which is petitioned for by the Chief-Justice of the Supreme it was in the hands of a packed committee of the House of Representa­ Court, in favor of which one of the strongest speeches ever made on this tives, where it was ~ally strangled-on this very flooraSenat-orshowed fl.~or was made demonstrating its constitutionality, if a demonstration me, and I read it with my own eyes, the original letter of a Jesuit on such a subject is a possible thing, by Mr. Justice Lamar. This bill priest, in which he begged a member of Congress to oppose this bill and as unconstitutional and undemocratic is denounced fiercely by these to kill it, saying that they had organized all over the country for its papers, but not so much because it is unconstitutional as because it is destruction, that they succeeded in the committee of the Honse, and a bribe to the States and is an assault on the liberties of the people. they would destroy the bill inevitably, and if they had only known it But I will use my time otherwise. I am going too far in these direc­ early enough they could have prevented its passage through the Sen­ tions. I make these suggestions and leave that branch of the subject. ate. 'l'h.ey have begun in season this tim~, but they will not destroy The Senator from Maine [Mr. IIALE] says this bill has fallen off in this bill. public favor. I say that whenever this bill has failed to increase its Twelve years ago when I was a member of the HouseofRepresenta­ popularity, to take hold on the pub.lic judgment and public conscience, tives, and when we were undertaking to enact a constitutional amend­ it is because it has been lied about and persistently lied about, and when ment, which was to prevent the appropriation of the public money to the lies have been exposed, the exposure has not been spread through the support of sectarian schools in this country, a friend of mine pointed the country as it ought to have been by a faithful press. Why, sir, I out to me upon that floor nine J esuifs who were there log-rolling against have not known a popular discussion on this bill anywhere that the bill that proposed amendment of the Constitution. I did not know t.hem. did not come out stronger; and if the truth were stated upon this bill He cl:limed to know them; ancl he pointed them out, nine at one time. North or South, I would be willing to submit its fate to a tluee-fourths They were not the Catholic Church, thank God ! Within the sound of vote of the people, the number necessary to pass an amendment to the my voice sleep the remains of John Carroll and of Charles Carroll of Constitution of the counn;. Carrollton, men who were devoted to civil rights and to true religion; Let me refresh the memory of Senators a little. This is no new idea. and against the memory of those men and aoo-ainst the great Catholic As soon as the war had destroyed the institution of slavery, the Repub­ organization ofthis country, I say nothing, for I venerate the_trmemories, lican party, which had been the instrumentality in the hands_ of God and I venerate that great organization which, subject to my reverence to accomplish the great work of the war, recognized its duty to give for the faith of my fathers, is, in my belief, a true exemplar of Christi­ intelligence where it had given suffrage, and the great leaders of the anity. I ca.re not how fur it exerts, or how widely it extends its power; party urged the accomplishment of this work upon the party at large. bufwithin that organization is a Jesuit organization which has set out I have here the earnest recommendation of every President that the to control this country, which has been repudiated by every free country, Republican party h:l3 eYer elevated to power since this issue could Catholic and Protestant, in the Old World, and they have come to our properly be before the public mind; I have here views taken from the borders and they are among us t-o-day, and they understand that they speeches of twenty-eight of the Senators who have expressed them­ are to secure the control of this continent by destroying the public­ selves on this floor, only about one-half of the number who have act­ school system of America. They are engaged in that nefarious and ually given their opinions by their votes on this question, not merely 1888. CONGRESSIONAL RECORD-SENATE. 1219

indorsing the constitutionality of the measure, but also saying that it sioner of Education; and I commend to such people, too, a perusal of was a public necessity and an act of justice 1md of right. I can not the contents of the RECORD, so far as they relate to the question of the take the time of the Senate in reading them; but by rea.o;on of the con­ necessity of aid in these Southern States for further education. The tinual a.ssumption which is made notwithstanding the exposure and the highest authorities there say that on the whole illiteracy is increasing, demonstration to the contrary that the South is increasing in good and and there rn no question of the fact that illiteracy is in the aggregate increasing in capacity to endure taxation, and that illiteracy is disap­ increasing. The only question is as to whether it is increasing rela­ pearing in consequence of a better condition at the South and greater tively, whether population and weal t.b. are increasing more rapidly than interest in public schools and an actual appropriation of the necessary illiterncy; but where there were two millions of men who could not fnnds-by reason, I say, of the continualiteration of this wrong propo­ read their ballots in the year 1880 there are as many or more who can sition, I am obliged in these few closing moments to call the attention not read their ballots to-day. of the Senate again to some of that proof which i.s already in the RECORD That is the stubborn fact which still exists, and the question arises of the Senate, but which I am conscious has failed to reach the ears of whether it is to contin'Ue to exist. It is an evasion of the real issue to Senators. come here and say that the Southern people do not educate their chil­ Mr. President, here is one great fact to which I call attention; it is dren, and yet that they are.able to do so. The filet is that these chil­ a large fact; it is not intermixed with the politics or the statistics of a dren are not educated, and itisofnoconsequence, relatively, where the single State or of communities in single States, but it is an admitted blame lies. They are American children; they are a part of this great fact and nobody will undertake to contradict it. It was placed be­ nation; they hold its destiny in their hands as much as do the children fore the Senate in the bt-ginning of this debate, and nobody has assailed of Boston, or of Chicago, or of . Are they to be educated? it, and nobody can assail it. It is this, that the Southern States (leav­ The Senator from Connecticut [Mr. HAWLEY] said yesterday that ing out Delaware, which is almost a Northern State, and Maryland the question of education was a local question; and assuming that fulse which is close by us and a wealthy State, and Missouri, which has a premise he went on to argue that this bill is unconstitutional. I say school fund of some four or :five million dollars), comprising almost ''that fulse premise"-not false in the sense that it implies any fuult one-third of our population to-day, some 18,000,000 at le..'l.Stof ourpopu­ on his part, but an untrue premise. Is education a local matter? Is lation, and by reason of the'greater fecundity of the two races in that it in New Hampshire? Is it of no consequence to my friend who rep­ portion of the country containing at least one-third of the educable resents , that-I or my children may be barbarians and grow population of the country in that portion of the Union, are now ex­ up a race of savages? Is this Union, composed of those whosecitizen­ pending in the support of schools but about $11,000,000, while for the ship covers this whole country, to ha>e no-interest in its several parts? whole country the expenditure, according to the returns as I have them Is it of no consequence to the parent in New Hampshire whether the in the last printed report of the Commissioner of Education, was in the child in Alabama be educated? "\\-'bo of the fa.thers and of the really year 1885-'86 $111,000,000. That is to say, one-third of the school great men of this country or of any country, who have bad the good of population of this country is actually receiving to-day only one-tenth human nature and of human beings at heart, has ever failed to assert of the school funds which are being applied upon the school population affirmatively, not to assert evasively or doubtfully, but affirmatively, of the entire Union. that education is the grand basis ofrepublican institutions? Who does Anditwill be remembered, inaddition to this, thatwhatsoevermoncy not know that knowledge is power, and that there is no power but is expended there is expended to far less advantage than it is in the knowledge; that mind is superior to matter, and that the education of Northern States; and why? I have the demonstration here by a care­ the child alone qualifies that child for citizenship? ful calculation showing that ·it would require to-day the expenditure of I do not sneak of education in the narrow and restricted sense ot $36,000,000 in these Southern States to give them the school plant and merely learn.iD.g to read and write and cipher, or of intellectual educa­ the school advantages which abound in the North-the facilities for tion carried to any extent. I do not speak of that alone. I speak oi giving instruction, I mean to say; $36,000,000, almost half the amount the develo_pment, the education of the whole man; and the :first ne· which it is proposed by this bill to give during the whole term of eight cessity that a child may rerei ve education in all the three great depru.ir years. The sort of school-houses used there has been described, hun­ ments of its nature is that intellectual education, the training of the dreds of them log houses without windows: In a single county, as I senses, an acquisition of the power io acquire knowledge-knowledge read to you, where there were nineteen school-houses, the superintend­ of the very elements of ordinary learning, the art of reading and of ent of schools in that county returns that the value of school furniture writing, the basis of the whole. And that is all that this bill under­ does not average $1 per school-house. takes to do, all that this bill undertakes to impart ~ It undertakes to In the State of Kentucky, with one hundred and fifty counties, when carry that wherever it is needed, within the limits of the appropriation, an attempt was made to have a State assemblage of the teachers, to hold and bases it upon the necessity as measured by the census-the only a teachers' convention, there was a representation from but one-third tru,thfill and mathematical measure which is available to us as yet. of the counties, and a responsible lady who writes to me, and whose name It undertakes, I say, to carry within the limits of the amount covered and letter I have given in the RECORD, says there are whole counties in by this bill, to e>ery part of the country, the means of acquiring a that State where there is no school whatever. But the point is, that common-school education byevery child; and that is all it undertakes where they do have school facilities they are of such inferior quality to do. It un~rtakes to give us uniform and homogeneous American that the money actually expended is expended at great disadvantage. citizenship; that all shall be elevated to one common level in order Any one can see that. And yet here in these States, laboring under that each y have a fair chance in the race of life. That is all it un­ these tremendous disad vantaaes as to the provision for education, the dertakes to do. me.o'l.ns of utilizing the eftorts of teachers in the imparting of intelligence It is a bill of beggary, is it? How is this generation to pay the debt in these States, where there is one-third of the population and only owed byitto thelast? Certainly wecannotinany waycompensateom '. about one-half the school population in any school whatever, they used fathers; but is it not our duty, are we not simply repaying a debt which only $11,000,000 of the $111,000,000 expended in the whole country. we owe to those who have preceded us and who have given us tbe.oppor­ There is a fact of gre.o'l.t significance. I do not know anybody who will tunity of working out this grand destiny of ours? Do we not, I say, dispute it unless he would dispute the shining &un. owe to them that we transmit ' to others the great blessings which we I ask Senators to contemplate just that one fact, without putting me have received? How is this nation to be made perpetual? How is to the trouble of demonstrating it by an examination which bears out this great people to be made perpetual unless it be that the citizen­ the general assertion in the various States at large. I have here the ship be instructed and be made competent to understand its rights and last report, the report of 1885-'86, and it shows in the State of Florida­ to defend them? . which has been held up to admiration on this floor as a newEl Dorado Sir, the war liberated a race which by the last census had attained and something superior to anything we have seen before, and she is to the number of 6,580,000, poor, worked by hard taskmasters for two a glorious State in natural resources-that of the children between hundred and fifty years as slaves, the title towhom was vested in citizens six and sixteen y~ars of age, the very narrowest limit of the school age, of the South, but it was one common crime ifit were a crime. TheNorth some 48 per cent. attend schools. In the various Southern States the grew rich out of the labor of the sla>e and his transportation to this actual attendance upon schools is from 46, 48, 50 to 51, 52, 53, and 54 country; it fattened on his labor while he was a slave in this country. per cent. of the children between six and sixteen y~s of age. Nobody We availed ourselves of his commercial >alue as well as did the people denies that. We have these statistics in the New York Post in its at­ of the South. The war came and slavery was destroyed-destroyed tacks upon this plea for mendicity, if that be the expression-beggary­ by Northern power-and. the Union was maintained intact, and we which Senators are asked to believe, and every essential statement in its made these men citizens. We le.ft them ignorant. We found them attacks I assert to be a falsehood exposed over and over again, and yet worth perhaps a dollar apiece, and within the last quarter of a century reiterated and reiterated with knowledge that it is false, and to the nearly, after diligent labor, they have come to be worth perhaps $15 misleading of the great Northern mind. apiece. !remember that the Senator from Georgia [Mr. BROWN], when I· I tell you, Mr. Pre ident, the time is not far ahead when the North­ this bill was discussed three or four years ago in this Chamber, stated ern people will understand this j ugglery; they will know the L'lcts; and .that the colored people of the South bad taxable property to the amount they will be aroused to this deception, and the American people will of $6,000,000. There were then a half million of them in that State. have the truth from that gallery on which I now gaze. By statistics which have recently come to my knowledge and which I I commend to anybody who doubts the necessity of aid to the South­ think are substantially correct, the colored people of this country own, ern States, whoever may be complained of for its existence, an honest by their own estimates, some $250,000,000. Nine million dollars ol and careful perusal of the last report of our own officer, the Commis- that is owned by colored people in the city of New York. - 1220 . CONGRESSIONAL RECORD-SENATE. FEBRUARY 15,

I believe it to be a fact that there are now at least 8, 000,000, proba­ consumption of articles taxed under the internal-revenue system, no bly 8,500,000, colored people in this country. If they have increased man contributes unless he sees fit to do so. And so it seems to be the since the last census as they did from 1870 to 1880, there must be fact that no State pays more than she chooses, and the most of the peo­ 8,500,000 of them now. I do not suppose that the entire number liv­ ple pay but very little of the actual taxation that gets into the Trea-sury ing at the South are in possession of $125,000,000, or at mQst $150,- of the United States either in the way of duties on imports or by inp 000,000 of property to-day, and of taxable property I do not believe ternal revenue. they have $100,000,000. The wealth of the United S6tes to-day I can But even if it were so, I do not think the people of Kansas have very not, of course, tell exactly, but the Senator from Nevada estimated it much to complain of. I have here the last report of the Postmaster­ at $75,000,000,000 only a few days ago herein debate. Assuming that General, and it seems that my poor people in New Hampshire, starving the taxable property of the country is $35,000,000,000 or $4.0,000,000,- to death on the summit of 1\Iount Washington, battling with the hard­ 000 to-day, that of the South is not over $4,000,000,000in the whole.· ships of the climate, have to assist the people of Kansas. It ~eems that That portion of the American people upon whom devolves the educa­ the State ofNew Hampshire is actually contributing to the postal tion of"at least one-third of the children of this great country are not necessities of Kansas and various other States the amountofnear $50,- to-day worth for the purposes of taxation more than one-tenth of the 000 a year and has done so for a long time. In New Hampshire there property of the other two-thirds, and the colored people whom we are wa-s$56,411lastyearexcessofpostal receipts over expenditures. Mas­ endeavoring to reach mainly are the poorest of the whole. Perhaps sachusetts contributes to thepostalsystem of the Western States $1,074,- the poor whites are not much better off; but take from the colored popu­ 577. The State of New York contributes almost $3,000,000-$2,922,- lation the two or three millions who represent what was the dominant 000. Here is another State, Illinois, which contributes $426,629, and element before the war, and both white and colored, I doubt whetqer so on. I do notcomplainofthat. Wearehelpingtoeducate the West, they average $30 apiece to-day, and the colored man at the South, I do for the postal system is a great educating system. It is advocated by not believe, is worth $10. those who are taking these revenues from New Hampshire, New York, What does this signify? These are the people who have the children, and Massachusetts, on the ground that it educates the people. So it these are the men who in mountains and valleys and hamlets and glens does, and I would be willing, my people would be willing, to give even have the generation in charge that is to come, and that is rapidly becom­ more than they do beyond what is necessary to pay the expenses of the ing the nation to-day. What, I say, is the significance of these figures system in their own Stat-e. so far as the power to maintain schools is concerned? Do we not know Now, another illustration. Every year when there is not a veto we are that the power to raise money and to appropriate it to any pmpose o_ut­ ·called upon to contribute for the improvement of the rivers and har­ side of the provisi1m of the necessaries of life depends upon a surplus on bors of the country. New Hampshire has a harbor to which there is the part of the individual? He must first provide shelter; he must no contribution of any consequence ever made, nothing in proportion provide clothing; he must provide food for his family. Actual exist­ to our taxation. We get but little. The interior States get next to ence must first be seemed; and what taxable property has he left be­ nothing, yet all pay their tax; and can any one say it is a matter of yond that? To-day if the wealthy white population of the South did indifference to me whether New York Harbor is improved, whether the not pay far beyond what any like population pays anywhere else in pro­ coast shall be fortified and defended, whether anything necessary for portion to the entire wealth of the whole, neither the poor white nor the general welfare of this great country of ours be done? I have not the colored man's child would be receiving any education at all. As it learned my politics in this narrow and to my mind contemptible school. is, it hardly applies for three months in the year. _ We shall not hold ~ this country together another decade if the ideas The Senator from Kansas [Mr. PLuMB], whom I respect and love as which have been advanced on this floor for the defeat of this bill are I know he-loves me-though he never said so, I .see it in his eye and in to prevail. the sweep of his arm-says that the people of Kansas are taxing them­ I have no sympathy, Mr. President, with denunciation of the South. selves and enduring greater burdens than the people of the South, and If the spirit is wanting, that is the greatest calamity of all; but, sir, the it is because these people of the South fail to do their duty that their spirit is not wanting. How do we act with the heathen? Do we children are not educated. Grant it for the moment, what ofit? We withhold our missionaries and our means of enlightenment because the are dealing with the child and with the future; with the fat-e of the people do not want them? Nay, verily, Ur. President., we pursue just Northern citizen and the Southern citizen, as my friend and myself the opposit-e course for that very reason. If we were, as·it is assumed know, in the time that is to come. We are not dealing with our friends here that we are, dealing with a heathen population at the South, for who are supposed to be derelict in their duty. The fact, and the only that reason pour in the money, pour it in from the national Treasury, fact that is essent.ial, is that the education is not being received, and pour it there in self-defense; it is cheaper than another war. that the child is helpless to acquire it or provide it for himself, Dr. Do you expect to hold this country together for twenty-five years longer Eliot and other college presidents to the contrary notwithstanding. upon the doctrineswhichhave been advanced bySonthern Senators upon In regard to the people ofKansa.s, they were Northern people; they this-floor, who have advocated the very principles of secession to which were trained in the common school; they knew the institution; they they gave the best part of their lives? I tell you, Mr. President, that comprehended that knowledge was power, and they went to that great if the war did not a-ccomplish the destructionofthedoctrinewhich bas country and conquered the wildernessandmadeitto blossom as the rose; been advocated here, there is another one coming. We shall never :md they have sent -such men as you, 1\Ir. President [Mr. INGALLS], reach this elemental difficulty until we give education to the masses of and my friend here [Mr. PLUMB] to represent them on t is floor, and the people there, for I tell yon to-day, whatever her Senators may say, they have done it by universal suffrage. The sovereignty is in the poor­ a majority of the people of Texas want this bill. A majority of the est man in Kansas as much as it is in the richest; and why is it there? people of Kentucky would vote to-day for this bill. Wherever you Because he knows as much; and understanding the common school, give free suffrage, white or black, and show them this bill in any South­ knowing that it was a primary necessity, he established it in Kansas, ern State, in any State where their school privileges are la.cking, they and he bas come to have the average proportion of wealth. The citi­ will vote for it. · . zenship of Kansas, as a whole, can endure its taxation and maintain • Let this bill prevail in its provisions to such an extent as to give a its schools, because wealth is there distributed. thoroughly vitalized and fully extended system of common schools His not so at the South, and it never will be so at the South until throughout the South; let it prevail for ten years and the old hide-bound the common school is the common· institution of that country. My aristocracy which owned land and man alike before the war will dis­ friend knows that; but he brings in his table here and he undertakes appear forever from the face of the earth. One-half thoM Senators to­ to showtbatweare r_obbing the StateofNewHampshireand the State day are for this bill. They comprehend the signs of the times. They of Kansas by this proposed contribution to the necessity of the child of know that it is meant to accomplish something. They understaJJ.d that the South, saying nothing about the parents and the masterS' of the universal intelligence is to be the indispensable condition of universal present time. He says we are robbing the child of the North. Let us citizenship in the future. Those men lead their people. For them there see. I do not understand it that way. He has undertaken to show is in the future a full assurance of hope. how much each State receives and how much each State will pay out But I tell yon, Mr. President, that the other men who fight this bill in the form of taxation in this proposed contribution of $77,000,000. on this floor are fighting for self-preservation and for a condition of Could anything be more misleading or misguiding than the table which things that is passing away. It received its first great death blow in he introduces for the second time? He presented it in his former the war, and this is bnt an indispensable and necessary and logical re­ speech, and the inaccuracy and misleading tendency of it he could not sult of the war, for it makes free indeed those who, as the result of the bg.t know, for it was fully exposed at that time. war, were declared free under the constitutional and statutory enact·· He estimates that the taxation of the country is equally distributed ments of the land. per capita throughout the United States. He understands about the There will be a universally diffused sovereignty one of these days, ta1'iff, and that it is mainly levied on the luxuries of the country. He and there will be freedom at the South as well as at the North. That knows that the int-ernal revenue comes from whisky. and toba.cco and is why certain men oppose the common schools, and to-day all through a few other things which no man consumes unless he sees fit to do so. the South they are the class of men who are opposing them, not only I take it that the people of Kansas do not wear the imported lux­ the contributions which we are attempting to get here, but oppo ing uries to any great extent or consume from the imported luxuries to any them in their actual establishiilent there. - great extent. I know that the common people in my State do not; and But, :llfr. President, it is no use to fight against the stars. Destiny so far as those personal habits are concerned upon which depends the is fixed. Yon may defeat this bill; you may do it by direction, or you 1888. CONGRESSIONAL RECORD-SENATE. ~1221

may do it by indirection, but the principles of the bill will prevail. Mr. PLUMB. I ask leave to modify it so as to read according to tha The great force of national defense will vest itself in the results of com­ copy which I send to the desk. mon-school education at the South as well as at the North. The PRESIDENT pro tempm·e. The Senator has a right to modify I ought to speak of General Armstrong, but I have notthe time; itis his own amendment, the yeas and nays not having been ordered. no use, for the hour for the vote is almost at hand. Isawamomentor Mr. HARRIS. Before proceeding to vote on the amendment, I wish two ago the Senator from Connecticut [Mr. HAWLEY] here. Tbefust ·to give. notice that at the proper time I shall move to amend the title meeting ever held in this city for the promotion of this bill was at Gen­ so as to conform it to my own view as to what would be a proper title eral HAWLEY's house, :md I was more surprised than anybody else to the pending bill. when I found him its enemy. I would dwell more upon that if the The PRESIDENT pro tempore. Does the Senator from Tennessee de­ Senator from Connecticut were here. sire to have it read now? Mr. FRYE. He is here now. Mr. HARRIS. Yes, sir. Mr. BLAIR. General Armstrong was long a friend of the bill. I do The PRESIDENT pro tempore. The proposed amendment to the title not know what has affected his mind. Only last year in his report to will be read. the people of Virginia he spoke of the great necessity of assistance in 1\f:r. BLAIR. I did not hear the remark of the Senator from Ten- the education of the people of the,South. I have beard that be is sick; nessee. I do not know whether he is or not. I do know that this bill has been The PRESIDENT pro tempore. The Senator from Tennessee pro­ in the clutches-it was in the last Congress-not of an adverse major­ poses to amend the title, and asks that his suggestion may be now read. ity, but in the clutches of the leaders of an ad verse minority, and that Mr. HARRIS. I give notice that I shall move it at the proper time. his institution depends upon appropriations; that he comes here and Mr. BLAIR. In regard to this amendment, I may be permitted to begs for them, and that he goes to Virginia and begs for them; and I say what I designed to say or ought to have said: If· amendments are do know, or I do think, that there must have been operating n ) On his offered here which we can not discuss, I hope that the friends of the mind, and operating upon the minds of others through his representa­ measure will stand by it just as it was reported, andj ust as it was passed tions at the North who have been misled, some kind of motive that I can at the last Congress; al\d if the bill shall go to the other House we can not explain, or if I can I am not going to do it. depend upon that body to make such modifications in secondary matters The PRESIDENT pro tempore (at 3 o'clock p.m.). Unanimous con­ as should be made. sent was given on Wednesday last that at this hour debate on the bill The PRESIDENT pro tempore. The Chief Clerk will read the amend­ should cease. ment to the title proposed by the Senator from Tennessee. Mr. BLAIR. I can not ask for an extension of time. I have yielded The CHIEF CLERK. It is proposed to strike out the title and inse"rt: the floor; I have said my say. I ask leave to print a letter just re­ A bill offering a bribe to the States to relinquish the rights of local self-gov- ceived from a professor at the head of a school, the senior principal of ~m~~ . the Bryant School, at Roslyn, Long Island, New York, which bas been The PRESIDENT pro tempore. The Chief Clerk will read the amend­ drawn from him, dated February 13, by reason of this unaccountable ment proposed by the Senator from Kansas [Mr. PLIDrB]. performance of the educated and the cultivated, cold-blooded college The CHIEF CLERK. I~is proposed to strike out section 2 of the bill professors and beggars of the North. · and insert: The letter referred to is as follows: SxC. 2. That such money shall annually be divided among and paid out in the several States and Territories and in the District of Columbia in proportion to BRYANT SCHOOL, ROSLYN, LONG ISLAND, February 13,1888. their population, respectively, between the ages of ten and twenty-one years, according to the census of 1880: P1·ovided, That all of said money remaining un­ DEAR Sm: My attention having been called to certain letters in Saturday's distributed at the date of the publication of the returns of population according Evening Post, a-dverse to the Blair bill, I have something to say in the way of to the census of 1890 shall be divided, as aforesaid, in proportion to the popula­ criticism. President Barnard says the bill is "totally without justification in tion between the ages of ten and twenty-one years, according to said census. the Constitution of the United States." Congress has granted millions· of acres of land to the States for educational purposes, and, as the land was worth mill­ The PRESIDENT pro tempore. Will the Senate agree to this amend- ions of dollars, has in effect granted millions of dollars already for the same ob­ ject proposed by the Blair bill. President Barnard must therefore hold that ment? Congress has been most unconstitutionally granting large values almost ever Mr. PLU:MB. I ask for the yeas and nays. since the organization of the Government. And further, as President Barnard The yeas and nays were ordered. holds that such grants do great injury to communities by discouraging self­ help, self-sacrifice, etc.l therefore, according to the learned president, what an Mr. BLAIR. If the Chair will excuse me, my attention was di­ incalculable amount ot harm Congress has already done! Look a.t Kansas, Min­ verted, and I do not know the pending question. nesota., and other States which have been the recipients, the "mendicants" The PRESIDENT pro tempore. The pending question is on the which have had the misfortune to get several mil1ions in thls way from grants of Congress for educationaljmrposes! amendment proposed by the Senator from Kansas [Mr. PLUMB]. If President Barnard's logic is good, these States must be suffering from a most .Mr. BLAIR. Which proposes to distribute the fund on the basis of deplorable lack of self-reliance, and the push, energy, and enterprise that pro­ population. ceedfromself-relia.nce, as well as far behind in education compared with wha.t they would have been if Congress had not most unconstitutionally inflicted The PRESIDENT pro tempore. The amendment has just been read, upon them these grants of school lands I President Barnard also makes a. fiing and the yeas and nays have been ordered upon it. The Secretary will a.t the" general-welfare" clause of the Constitution and says it is "much abused." call the roll. President Barnard may regret, but he cs.n not ignore the fact, that the ''general­ welfare" clause is in the Constitution, and in the very first paragraph, confer­ Mr. BLAIR. Mr. President- ring P.Owers upon Congress, and that Congress is just as much bound by it to The PRESIDENT pro tempore. The roll-call will not proceed until proVJde for the "general-welfare'' as it is to provide for the '' common defense." order i restored in the Chamber. It is impossible to }lear the responses I would ask the distinguished president then, when and how this clause has been "abused"? Has Congress provided for the "general welfare" too much while so much conversation continues. or too little? Has Congress o>erdone its duty in this respect or underdone it? Mr. BLAIR. The Senator from Kansas has modified his amend­ Have we had a surfeit of welfare through Congressional zeal? I protest against ment, he tells me. the attempt to belittle this particular provision of the Constitution while laying extra stress upon others. The " general-welfare" clause is not second in dig­ The PRESIDENT pro te'lnpO're. The amendment has been read at nity,importance,or mandatory authority to any clause of the Constitution. the desk. Not only President Barnard, but several other colle.,ge presidents, object to the M:r. BLAIR. . Can it be read again? Blair bill on the ground that it is a "bill to encourage mendicity," or, putting it into Anglo-Saxon, they call it a "bill to encourage beggary." Now, I would , The PRESIDENT pro tempore. It can, if the Senator desires. like to ask, What institutions' have done more "begging" than colleges? If Mr. BLAIR. I should be glad to hear it. these presidents are logical and believe'wha.t they say, they should instantly in­ The PRESIDENT pro te'rnpore. The amendment will be again read. sist that all the millions they have derived from bequests and State appropria­ tions should be paid back, and that the colleges should be run in future on the The CHIEF CLERK. It is proposed to strike out section 2 and in- "self-he1p" and "self-reliance" principle exclusively-they can not have too sert: much of such a good thing. SEC. 2. That such money shall annually be divided among and paid out in the I am not discussing the details of the bill; they may be objectionable in many several States and Territories and in the District of Columbia., in proportion to ways. Experience has shown how unsafe it is to intrust large sums of money their population, respective1y, between the ages of ten and twenty-one years, ac­ to State Legislatures. I have nothing to say on that subject, as the writers of cording to the census of 1880: Provided, That all of said money remaining un­ the letters I allude to say nothing. I wish to comment upon one other remark, distributed at the date of the publication of the returns of population according or objection, of President Barnm·d's. It is this: He objects very emphatically to the census of 1890 shall be divided as aforesaid in proportion to the population that the money is not to be distributed pro rata, according to population. I reply between the ages of ten and twenty-one years according to said census. that it is just as important to me that the constituents of a Mississippi Representa­ tive or Senator be made intelligent by education as that the constituents of the The Secretary proceeded to call the roll. New York Representatives and Senators should be, because they alike make .Mr. VEST (when the name of Mr. EDMUNDS was called). I have Ja.:ws that I must obey, and that the narrow, local self-government argument will not apply h_ere so long as that is the fact. We appropriate money for im­ received a message from the Senator from Vermont [Mr. EDMUNDS] prov:ement of rivers and harbors, not in proportion to population, but in pro­ stating that he is confined to his house by sickness, and asking me to P?rtiOn to t~e wants of the rivers and harbors. On the same principle the Blair bill appropriates money where most needed by the uneducated condition of the pair with him on this bill. He is a friend to the measure, and I assume people, as the "general welfare" demands that American citizens everywhere would vote against this amendment. I am opposed to the measure in be sufficiently intelligent to know and perform their duties. every sense of the term, and I therefore announce the pair. Senator BLAIR. E. HINDS. I Mr. McPHERSON (when his name was called). I am paired with the Senator from Nebraska [Mr. P .AD DOCK]. If be were here be would Mr. PLUMB. The pending question is on my amendment to the vote for the amendment,.. and I should vote against it. second section. Mr. VEST (when his name was called). I am paired with the Sen· The PRESIDENT pro tempore. The amendment will be read. , Iator from Vermont [Mr. EDMUNps]. 1222 CONGRESSIONAL RECORD-SENATE .. FEBRUARY 15,

The roll-cn,ll having been.concluded, the result was announced-yeas first file with the Secretary of the Interior a stat~ment, certified by him, giving 22, nays 48; as follows: a detailedaccOlmt of the payments or disbursements made of the Echool fund apportioned to his State or Territory and received by the State or Territorial YE.AS-22. treasurer or officer under this act, and of the balance in the hands of such treas­ Aldrich, Cullom, Hawley, Plumb, urer or officer withheld, unclaimed, or for any cause unpaid or unexpended, Allison, Dawes, Hiscock, Sabin, and also· the amount expended in such State or Territory, as required by section Beck, Farwell, Ingalls, Teller, 9 of this act, and also a. statement of the number of school districts in such State Butler, Frye, Jones of Nevada, Wilson of Md. or Territory, and whether any portion of such State or Territory bas not been Chace, Gorw.an, Manderson, divided into school districts or other territorial subdivisions for school purposes, Cockrell, Hale, Morgan, and, if so, what portion, and the reasons why the same has not been so l!ubdi­ vided; the number of children of school age in each district, and the relative NAY&---48. number of white and colored children in each district, and of the number of Bate, Daniel, Jones of Arkansas, Riddleberger, public, common, and industrial schools in each district; the number of teachers Berry, Davis, Kenna, Saulsbury, employed; the rate of wages paid; the total number of children in the State or Blackburn, Dolph, Mitchell, Sawyer, Territory, and the total number taught during the year and in what branches Blair, Eustis, Morrill, Spooner, instructed; tlll.e average daily att~ndance and the relative number of white and Blodgett, Evarts, Palmer, Stanford, colored children; and the number of months in each year schools have been Bowen, Faulkner, Pasco, Stewart, maintained in each school district. And if any State or Territory shall misapply Brown, George, Payne, Stockbridge, or allow to be misapplied, orin anymannerappropriated or used other than for Call, Gray, Platt, Turpie, the purposes o.nd in the manner herein r~quired, the funds, or any part thereof, Cameron, Hampton, Pugh, Vance, received under the provisions of this act, or shall fail to comply with the condi­ Chandler, Harris, Quay, Voorhees, tions herein prescribed, or to l'eport as herein provided, through its proper of­ Coke, Hearst, Ransom, Walthall, ficers, the disposition thereof, and the other matters herein prescribed to be so Colquitt, Hoar, Reagan, Wilson of Iowa. reported, such State or Territory shall rorfeit its right to any subsequent appor­ ABSENT-G. tionment by virtue hereof until the full amount so misapplied, lost, or misap­ Edmunds, McPherson, Sherman, Vest. propriated shall have been replaced by such Stat~ or Territory and applied us Gibson, Paddock, herein required, and until such report shall have been made: ProtFided, That if the public schools in any State admit pupils not within the ages herein specified So the amendment was rejected. it shall not be deemed a failure to comply with the conditions herein. If it shall Mr. BERRY. I move to amend the bill by striking out so much of appear to the Secretary of the Interior that the funds l'eceived under this act for the preceding year by the State or Tenitory have been faithfully applied to the section 4 as is included from the beginning down to and including the purposes contemplated by this act, and that the conditions thereof have been ob­ word "term" in line 24. served, then, and not otherwise, the Secretary of the Interior shall distribute The PRESIDENT pro tempore. The Chief Clerk will report the part the next year's appropriation as is hereinbefore provided. .And it shall be the duty of the Secretary of the Interior to promptly investigate all compb.ints proposed to be stricken out. . lodged with him of any misappropriation by or in any State or Territory of any .'l'he CHIEF CLERK. It is proposed to strike out all of section 4 from moneys received by such State or Territozy under the provisions of this act, or the first part of the section to and including the word "term" in line of any discrimination in the use of such moneys; and the said complaints, and all communications received concerning the same, and the evidence taken upon 24, ns follows: such investigations, shall be preserved by the Secretary of the Interior, and That no Stnte or Territory shall receive any money under this act until the shall be open to public inspection and annually reported to Congress. governor thereof shall file with the Secretary of the Interior a statement, certi­ fied by him, showing the common-school system in force in such State or Terri­ Mr. MORGAN. On this question I call for the yeas and nays. tory; the amount of money expended therein dUFing the last preceding school The yeas and nays were ordered, and the Secretary proceeded to call year in the support of common schools, not including expenditures for the rent, repair, or erecti<111 of school-houses; whether any discrimination is made in the the roll. - raising or distributing of the common-school revenues or in the common-school Mr. VEST (when his name was rolled). I am paired with the Sen­ facilities afforded between the white and colored children therein, and, so far ator from Vermont [1t1r. EDMUNDS]. as is practicable, the sources from which such revenues were derived; the man· The roll-call having been concluded, the result was announced­ ner in which th~ same were apportioned to the use of lhe common schools; the number of white and colored children in eachcountyorparishandcity between yeas 24, nays 45; as follows: the ages often and twenty-one years, both inclusive, ns given by the census of YE.AS-24. 1880, and the number of children, white and colored; of such school age attend­ Bate, Coke, Harris, Ransom, ing school; the number of schools in operation in each county or parish and Beck, Daniel, Hearst, Reagan, city, white and colored; the school term for each class; the number of teachers Berry, Faulkner, Jones of Arkansas, Saulsbury, employed, white and colored, male and female, and the average compensation Blackburn, Gorman, Kenna, Vance, paid such teachers; the average attendance in each class, and the length of the Butler, Gray, Morgan, Voorhees, school term. Cockrell, Hampton, Pasco, Wilson of 1\Id. The PRESIDENT pro temp01·e. The question is on agreeing to the N.A.Ys--45. amendment of the Senator from Arkansas [Mr. BERRY]. Aldrich, Dawes, Jones of Nevada, Sawyer, 1\fr. BERRY. I ask for the yeas and nays. Allison, Dolph, Manderson, Spooner, The yeas and nays were ordered, and the Secretary proceeded to call Blair, Eustis, Mitchell, Stanford, Blodgett, Evarts, Morrill, Stewart, the roll. Bowen, Farwell, Palmer, Stockbridge, Mr. McPHERSON (when his name was <'.alled). I am paired with Brown, Frye, Payne, Teller, the Senator from Nebraska [Mr. P.A.DDOCK]. I do not know how he Call, George, Platt-, Turpie, Cameron, Hale, Plumb, Walthall, would vote on this question. If be were here I should vote "nay." Chandler, Rawley, Pugh, Wilson of Iowa. .M:r. VEST (when his name was called). I agreed to pair with the Colquitt, Hiscock, Quay, Senator from Vermont [Ur. EDMUNDS], if I could secure no other pair Cullom, Hoarils Riddleberger, Sabin, for him. I assume that he would vote against this n,mendment if he Davis, Inga ' .A..BSENT-7. were present. I should vote for it. Chace, Gibson, Paddock, Vest. The roll-call was concluded. Edmnnds, McPherson, Sherman, Mr. CHACE. I wish to announce that I am paired on this question So the amendment was rejected. with the Sena.t.or from Louisiana [Mr. GIBSON]. The bill was reported to the Senate as amended, and the amend­ The result was announced-yeas 25, nays 44; a-s follows: ment made as in Committee of the Whole was concurred in. YEAs-25. Mr. BERRY. Mr. President, I desire to ask unanimous consent Bate, Coke, Hawley, Saulsbury, Beck, Daniel, Hearst, Vance, that I be allowed five minutes in explanation to do myself justice as Berry, Faulkner, Kenna., Voorhees, to my vote. I shall not OCCl:lPY more than fi.\e minutes. Blackburn, Gorman, Morgan, Wilson of Md. The PRESIDENT pro tempore. The Senator from Arkansas asks-­ Butler, Gray, Pasco, Call, Hampton, Ransom, Mr. STEWART. I regret to object. Cockrell, Harris, Reagan, .The PRESIDENT pro tempo~·e. Will the Senator suspend until the NAYS-44. request of the Senator from Arkansas has-been stated by the Chair? Aldrich, Dawes, Jones of .Arkansas, Riddleberger, The Senator from Arkansas asks unanimous consent that be m&y be Allison, Dolph, Jones of Nevada, Sabin, r allowed five minutes in which to make a. statement upon ihe pending Blair, Eustis, 1\Ianderson,- Sawyer, Blodgett, Evarts, Mitchell, Spooner, bill. Bowen, Farwell, 1\Iorrill, Stanford, Mr. STEWART. I sh..'llll have t.o object to granting·unanimous con­ Brown, Frye, Palmer, Stewart, sent under the circumstances. I have known it asked and denied in Cameron, George, Payne, Stockbridge, Chandler, Hale, Platt, Teller, other cases on the ground that if it were granted to one it would have Colquitt, Hiscock, Plumb, Turpie, to be granted to another; and so would prolong debate and virtually Cullom, Hoar, Pugh, Walthall, abrogate the agreement. Davis, Ingalls, Quay, Wilson of Iowa.. ABSENT-7. 1\fr. BERRY. If the Senator from Nevada thinks proper to object, Chace, Gibson, Paddock, Vest. of course I recognize that under the agreement he has the right to no so. Edmunds, McPherson, Sherman, Mr. HOAR. May I be permitted to suggest' to the Senator from Ar­ So the amendment was rejected. . kansas that he will have a perfect right to make his persona! statement Mr. BERRY. I move to strike out section 12 of the bilL after the vote on the bill ? The PRESIDENT,pro tempore. The part proposed to be stricken Mr. BERRY. Of course I recognize the right of Senators to object out will be read. under t.he agreement. The CHIEF CLERK. It is proposed to strike out section 12, as fol­ Mr. HARRIS. I appeal to the Senator from Ne,·ada. Certainly, in lows: my brief experience on this floor, I have .ne>er known an insta.nce SEC. 12. That no second or subsequent allotment shall be made under this act where a Senator wanted to make a personal stc'\tement that unanimous to any StatE:> or Territory unless the governor of such State or Territory shall consent was not given. 1888. CONGRESSIONAL RECORD-SENATE. 1223

:Mr. BLAIR. Senators will allow me to suggest that there is not Mr. BERRY. Mr. President, if in order, I will say that I intended room for any fnrther debate under the agreement heretofore arrived at. to state, when the Senator from New York o~jected, that in 18 3 the Let that be understood-- . Legislature of Arkansas passed a resolution instructing her ....,enators to .Mr. MORGAN. I object to debate, 111r, President. vote for Federal aid to common schools. In 1885, four days before I The PRESIDENT pro tempore. The Chair understands the Senator was elected to the place that I now occupy, I stated publicly in an ad­ from Alabama o.nd the Senator from Nevada to object. dress to the Legislature that I had not been in f.wor of the passage of Mr. STEWART. I withdraw my objection. the Blair bill, but I would obey that instruction which was given by The PRESIDENT pro.tempore. The Senator from Alabama the Chair the Legislature in 1883, I believing the Legislature had a right to in­ understood to object. struct. I t.hink that some members of that Legislature voted for me Mr. MORGAN. I objected to the debate the Senator from New in consequence of that promise. I would not lL.we made it if I had not Hampshire was conducting; that was all. intended to keep it. I therefore believe that my honor is involved in The PRESIDENT pro tempore. The Ohair will again submit to the keeping that promise. I have never made a promise to the people of Senate the request of the Senator from Arkansas, who asksthathemay Arkansas that I have not tried to keep, and I have kept this one. It be allowed five minutes to make a statement upon the pending bill. Is is due to myself, however, to say that I have always doubted the wis­ there objection? [A pause.] dom of the bill, as I stated when I voted for it two years ago, and but Mr. EVARTS.. I understand it is a personal affair, to enable the for the legislative instruction n.nd my pledged word I would lL.we voted Senator to make an address at this time.. If it is on the bill, I certainly "nay." shall object to it. CREDEN.TI.A.LS. 1\Ir. BERRY; I will state to the Senator that it is simply a state­ Mr. DANIEL presented the credentials of John S. Barb;ur, chose~ ment, not exceeding five minutes, of the reasons why I cast the vote I by the Legislature of Virginia a Senator fi·om that State for the term shall cast. It is not debate on the bill. beginning Uarch 4, 1889; which were read, and ordered to be filed. Mr. EVARTS. How is it a personal matter? A matter of debate, why I should or should not vote for a bill, is on the merits. ~AGE FROM THE HOUS~ Mr. BERRY. If the Senator fromNew York objects, that ends the A message from the House of Representatives, by Mr. CLARK, ita matter. Clerk, announced that the House had passed the bill (S. 1071) for the 1\Ir. EVARTS. I do not object to a personal explanation. I want relief of A. B. Norton. - to know how it comes to be a personal explanation. The message ruso announced that the House had passed the follow­ The PRESIDENT pro tempore. Unanimous consent is not reeognized ing bills; in which it requested the concurrence of the Senate: by the rules, and the enforcement of it rests wholly with the Senate. A bill (H. R. 1612) to provide for holding terms of the United States Having no power to enforce the agreement that has been made, the district and circuit-courts in the State of Nebraska; Ohair asks of the Senate if there is objection to the reqnest made by the A bill (H. R. 2595) for the relief of the widow of John A. S. Tutt, Senator from Arkansas. · The Chair understood the Senator from New decea ed; · York to make a qualified objection. In ease the statement was purely A bill (H. R. 3361) to provide for holding tenns of the circuit and personal he bad no objection; but if it was debate he objected. The district courts of the United States for the district of 'Kentuck---y at Ohair can not undertake to decide any question of that description. It Owensborough, in said district, and for other purposes; and rests with the Senator from Arkansas and the Senator fxom New York. A bill (H. R. 4375) to create a board of arbitration to settle and de­ Mr. BUTLER. Well, let us have the vote. termine the controversy between the United States and the State of The PRESIDENT pro tempore. The bill is still open to amendment Texas relating to certain territory by them respectively claimed. in the Senate. Ifthere be no amendment, the question is, Shall the bill be engrossed and read the third time? DIVISION SUPERINTEKDENTS OF RAiLWAY MAIL SERVICE. The bill was ordered to be engrossed for a third reading, and was Mr. PLATT. I move that the Senate proceed to the consideration read the third time. of executive business. The PRESIDENT p1·o tempore. Having been read three times, shall ~Ir. SA. WYER. I ask the Senator fi:om Connecticut to gi>e way for the bill pass ? a moment until I C..'Ul secure the passage of a little bill to authorize the Mr. BUTLER. I ask for the yeas and nays. appointment of two additional railway mail superintendents. The yeas and nays were ordered, and the Secretary proceeded to call Mr. PLATT. The Senator from Wisconsin appeals to me to withhold the roll. the motion for a few minutes, that he may call up a bill; but I wish to Mr. CHACE (when his name was called). On the question I am say that, while I yield to him for that purpose, I will not yield for the paired with the Senator from Louisiana [Mr. GIBSON]. If present I callin:; up of any bill which I think will occasion debate. understand he would for this bill, and I should vote against it. The PRESIDENT pro tempm·e. The motion to proceed to the con­ Mr. COCKRELL (when 1.-Ir. EDMUNDS's name was called). The sideration of executive business is withdrawn. Senator from Vermont [Mr. EDMUNDS] is detained from the Senate Mr. SA. WYER. I ask that the Senate proceed to the consideration Chamber unavoidably, and has requested my colleague [Mr. VEST] to of House bill 6439, Calendar No. 308. pair with him. I have consented to pair with him. The Senator from There being no objection, the Senate, as in Committee of the Whole, Vermont, I underst..md, if present, would vote for this bill, and I should proceeded to consider the bill (H. R. 6439) authorizing the appointment vote against it with pleasure. of eleven division superintendents of railway mail service. . ~fr. GORMAN (when his name was called). I am paired with the The bill was reported from the Committee on Post-Offices and Post­ Senator from Ohio [Mr. S~MAN]. If he were present, I should vote Roads with amendments, in line 9, before the word ''division,'' to strike "nay." out ''eleven" and insert "two;" and in line 5, after the word "service," Mr. ~IcPHERSON (when his name was cn.lled). I am paired with to insert ''in addition to those heretofore authorized;'' so as to make the the Senator from Nebraska [Mr. P .A.DDOCK]. If he were present, he bill read: ~ would vote ''yea '' and I should vote '' nay. '' Be it cna~ted, etc., That the Postmaster-General be, and is hereby, authorized The roll-call having been concluded, the result was announced-yeas to appoint and assign to duty two division superintendents of railway mail service, in addition to those heretofore authorized, who shall each be paid a. 39, nays 29; as follows: salary of $2,500 a year. YEAS-39. .Allison, Daniel, :Manderson, Riddleberger, The amendments were agreed to. Berry, Dawes, Mitchell, Sawyer, The bill was reported to the Senate as amended, and the amend­ Blair, Dolph, Morrill, Stanford, ments were concurred in. Bowen, Eustis, Palmer, Stewart, Brown, Evarts, Pasco, Stockbridge, The amendments were ordered to be engrossed and the bill to be read Call, George, Payne, Teller, a third time. Cameron, Hampton, Platt, Vance, The bill was read the third time, and passed. Chandler, Hearst, Pugh, .Walthall, Colquitt, Hoar, Quay, Wilson of Iowa. On motion of Mr. SAWYE .R, the title was amended so as to read: Cullom. Jones of Arkansas, Ransom, A bill authorizing the appointment of two additional division superintend­ N.A.YS-29. ents of rail way mail service. Aldrich, Farwell, Hiscock, Sabin, R . R. TINSLEY. Bate, Faulkner, Ingalls, Saulsbury, Beck, Frye, Jones of Nevada, Spooner, l\fr. JONES, of Arkansas. I ask unanimous consent of the Senate_ Bla<'kburn, Gray, Kenna, Turpie, to take up Senate bill 313. Blodgett, Hale, 1\Iorgan, Vest, Butler, Harris, Plumb, Voorhees, Mr. DAWES. I hope the Senator will allow us to finish the bill we Coke, Hawley, Reagan, Wilson of 1\Id. had up yesterday. It is substantially through. Davis, Mr. JONES, of Arkansas. I am anxious to take np this bill. I do .ABSENT-8. not think it will occupy the attention of the Senate two minutes. Chace, Edmunds, Gorman, Paddock, Cockrell, Gibson, :McPherson, Sherman. M:r. PLATT. What is the bill? Mr. JONES, of Arkansas. It is a bill for the relief of a postmaster So the bill was passed. · who is charged with a small amount of funds-$119 stolen from him. [The announcement of the passage of the bill was greeted with ap­ It is recommended by the Post-()ffl.ce Department as being just, and plause in the galleries. .l they recommend that the amoruit shall be remitted, but the Postmaster-• ' 1224 CONGRESSIONAL REOORD~SENATE. FEBRUARY 15,

General thinks under the law he has no right to credit the postmaster's REGISTER OF LAND OFFICE. account without action on the part of Congress. I presume there can Jared A.. Van Auken, of Georgetown, Colo., to be register of the land be no objection made to the bill. It has been reported favorably twice office at Central City, Colo. to the Senate. INDIAN AGENT. Mr. PLATT. If I have the right to do so, I renew my motion at this time. William W. Dougherty, of Liberty, Mo., to be agent for the Indians The PRESIDENT pro tempore. The Senator from Connecticut moves of the Warm Springs agency in Oregon. that the Senate proceed to the consideration of executive business. FOR PRO~OTION IN THE ARMY OF THE UNITED STATES. Mr. JONES, of Arkansas. I was on the floor, and I do not think the Senator from Connecticut had the right to take me off the floor. First Regiment of Artillery. The PRESIDENT pro tempore. The Chair understands that the Sen­ Capt. William L. Haskin, to be major, August 11, 1887. ator from Connecticut had made the motion, and yielded temporarily First Lieut. Frederic C. Nichols, to be captain, August 11, 1887. and informally, as is frequently the case. First Lieut. Abner H. Merrill, to be captain, August 14, 1887. Jlrlr. JONES, of Arkansas. I hope the Senator from Connecticut will Second Lieut. William C. Rafferty, to be :first lieutenant, August 11, not be unreasonable about this matter. I ask him to withdraw the mo­ 1887. tion. Second Lieut. John L. Chamberlin, to be first lieutenant, August14, :Mr. PLATT. If the Senate Will permit a word out of order, if I 1887. withdraw the motion for one I shall have to do so for all. I withdraw Additional Second Lieut. Oscar I. Stmub, to be , it absolutely. · August 11, 1887. The PRESIDENT pro tempore. The Senator from Arkansas moves Additional Second Lieut. Fremont P. Peek, of the Fourth Artillery, that the Senate proceed to the consideration of the bill (S. 313) for the to be second lieutenant, August 14, 1887. relief of R. R. Tinsley. . Tenth Regiment of Cavab·y. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill. It proposes to direct the Post­ Second Lieut. Percy E. Trippe, to be first lieutenant, January 17, master-General, in his discretion, to credit the accounts of R. R. Tins­ 1888. ley, late postmaster at Nashville, Ark., with $119, lost by a robbery of First Regiment of A1·tillery. the mails at or near Hope, Ark., on or about November 30, 1884. First Lieut. John M. K. Davis, to be captain, January 14, 1888. The bill was reported to the Senate without amendment, ordered to Second Lieut. Charles J. Bailey, to be first lieutenant, January 14, be engrossed for a third reading, read the third time, and passed. 1888. POSTMASTERS. EXECUTIVE SESSION. 1 Fred Dutton, to be postmaster at Murray, in the county of Shoshone 1\1:r. DAw:ES. I move that the Senate take up and complete the con­ and Territory of Idaho. sideration of Order of Business 30, being the bill (S. 1095) to provide J. Guy Hammer, to be postmaster at Hailey, in the county of Altu­ for the compulsory education of Indian children. · ras and Territory of Idaho. Mr. HARRIS. Pending which I move that the Senate proceed to Joseph J. M:cBride, to be postmaster at Livingston, in the county of the consideration of executive business. Gallatin and Territory of Montana. The PRESIDENT pro temp01·e. The Senator from Tennessee moves D. 0. Corcoran, to be postmaster at Oxford, in the county of Butler that the Senate proceed to the consideration of executive business. and State of Ohio. Mr. DAWES. I think there will be no further debate on this matter Maurice Fitzgerald, to be postmaster at Conneautville, in the county. if the Senate will only take it up. of Crawford and State of Pennsylvania. Mr. HARRIS. I insist on my motion. George Horton, to be postmaster at Sheffield, in the county of War­ The motion being put, there were, on a division-ayes 33, noes 8. ren and State of Pennsylvania. M:r. SAWYER. I was anxious to get up the pension bills to-day, Joseph F. Woodrow, to be postmaster at Havre de Grace, in the county but to-morrow morning after the morning business is over I will en­ of Harford and State of 1\.faryland. deavor to get the floor for that purpose. Charles B. Durland, to be postmaster at Norfolk, in the county of The PRESIDENT pro tempore. The count shows 33 in the affirma- Madison and State of Nebraska. tive and 8 in the negative. - Charles C. Ellis, to be postmaster at Sterling, in the county of John­ Mr. DAWES. I ask for the yeas and nays. ["No!" "No!"] son and State of Nebraska. The yeas and nayR were not ordered. • William J. Keller, to be postmaster at Sutton, in the county of Clay The PRESIDENT pro tempore. The Sergeant-at-Arms will clear the and State of Nebraska. · galleries and close the doors of the Senate. Lafayette Myers, to be postmaster at Grand Island, in the county of The Senate proceeded to the consideration of executive business. Hall and State of Nebraska. After one hour and twenty-eight minutes spent in executive session Oliver H. Scott, to be postmaster at Hebron, in the county of Thayer the doors were reopened, and (at 5 o'clock and 20 minutes p. m.) the and State of Nebraska. Senate adjourned until to-morrow, Thursday, February 16, 1888, at 12 Bertha Kleven, to be postmaster at Culbertson, in the county of o'clock m. ' Hit-chcock and State of Nebraska. H. Fred Wiley, to be postmaster at Kearney, in the county of Buf­ falo and State of Nebraska. NOMINATIONS. George F. Lewis, to be postmaster at Saginaw, in the county of Sag­ Executive nominations received bJL the Senate the 15th day of Feb1·ua1·y, 1888. inaw and State of Michigan. Benjamin F. Osgood, to be postmaster at Mendon, in the county of RECEIVER OF PUBLIC MONEYS. St. Joseph and State of Michigttn. J . H. Craddock, of Marysville, Cal., to be receiver of public moneys R. B. Henderson, to be postmaster at Henderson, in the county of at Marysville, Cal., vice Thomas J. Sherwood, term expired. Vance and State of North Carolina . . Michael E. Lennon, to be postmaster at Hurley, in the couuty of REGISTER OF LAND OFFICE. Ashland and State of Wisconsin. Lewis C. Granger, of Oroville, Cal., to be register of the land office . Joseph W. Goodwin, to be postmaster at Wolfborough, in the county at Marysville, Cal., vice John C. Bra-dley, term expired. of Carroll and State of New Hampshire. ASSISTANT COLLECTOR OF CUSTOMS. Jennie B. Hosley, to be postmaster at West Lebanon, in the county of Grafton and State of New Hampshire. H. Thomas Kelly, of New Jersey, as assistant collector of customs for Theodore S. Bassett, to be postmaster at Birmingham, in the county the port of Jersey City, N.J., in the district of New York, to succeed of New Haven and State of Connecticut. _ Asa W. Dickinson, whose term of office has expired by limitation. William H. Macartney, to be postmaster at Oakland, in the county of Kennebec and State of Maine. CONFIRMATIONS. George R. Smith, to be postmaster at Kennebunk, in the county of York and State of Maine. E xeetttive nominations confirmed by tlle Senate February 9, 1888. William Barton, to be postmaster at Dalton, in the county of Berk­ UNITED STATES CONSUL. shire and State of Massachusetts. Henry Vincent Lamantia, of New Orleans, La., to be consul of the James B. Lowrie, to be postmaster at Portland, in the county of J ay United States at Catania. and State of Indiana. 1\iarion H. Ingrim, to be postmaster at Winama-c, in the county of UNITED STATES MARSHALS. Pulaski and Stalie of Indiana. Andrew H. Dill, of Pennsylvania, to be marshal of the United States Lodah T. Alexander, to be postmaster at Monticello, in the conn ty ot' for the eastern district of Pennsylvania. Jones and State of Iowa. Samuel L. Blaisdell, of Rhode Island, to be marshal of the United Richard Burke, to be postmaster at What Cheer, in the county of States for the district of Rhode Island. Keokuk and State of Iowa. 1888. -cONGRESSIONAL RECORD-HOUSE. 122~ \ Sena Gidley, to be postmaster at Malvern, in the county of Mills be taken up and put upon its passage. It has been favorably and and State of Iowa. unanimously reported by the Committee on Claims. Hull Hoagland, to be postmaster at Emmetsburgh, in the county of Mr. HOLMAN. I suggest that the bill and the report be read. Palo Alto and State of Iowa. The bill was read, as follows: Amos H. Kisner, to be postmaster at Mason City, in the county of Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, au­ thorized to pay, out of any money in the Treasury not otherwise appropriated, Cerro Gordo and State of Iowa. to A.. B. Norton, late postmaster at Dallas, Tex., the sum of $1,853, being the Thomas C. Medary, to be postmaster at Waukon, in the county of amount paid by him involuntarily, under protest and moral duress, to the in­ Alamakee and State of Iowa. spectors of the Post-Office Department in the year lf!l7, on account of certain Newton S. Noble, to be postmaster at Anamosa, in the county of money-order remittances made by the postmasters at Cleburne and Granbury, Jones and State of Iowa. Tex. William C. Swigart, to be postmaster at Maquoketa., in the county of The SPEAKER pro tempore. Is there objection to the request of the Jackson and State of Iowa. gentleman from Texas? Henry Slikkerveer, to be postmaster at Orange City, in the county Mr. HOLMAN. I should like to hear the report read, Mr. Speaker, of Sioux and State of Iowa. reserving the right to object. Jonathan B. Stutsman, to be postmaster at Harlan, in the county of Mr. ABBOTT. I should be pleased to have the report read. Shelby and State of Iowa. Mr. LANHAM. The report is quite long. JosephS. Lake, to be postmaster at Marion, in the county of Linn Mr. HOL1t1AN. If the report is long perhaps the gentleman from Texas had better make a statement of the case. and State of low~. Emory J. Landers, to be postmaster at Imlay City, in the county of Mr. ABBOTT. Tbecircumstancesofthe case are these. During the Lapeer and State of Michigan. summer of 1876 Air. Norton, who was postmaster at Dallas, Tex., ob­ J. I. McConnell, to be postmaster at Woodland, in the county ofYolo tained leave of absence from the Postmaster-General and was traveling and State of California. in theNorth, and during his absence certain registered packages passing Charles P. Bilderback, to be postmaster at Boise City, in the county through his office were lost-at least one of them was traced to his office; of Ada and Territory of Idaho. the other two were not. Those packages were lost. The Post· Office in­ Dennis O'Brien, to be postmaster at Willmar, in the county of Kan­ spectors were sent down and they examined into the matter, and Mr. diyohi and State of Minnesota. Norton paid over this money to the inspectors, but he made the payment 0. A. Traugh, to be postmaster at Hollidaysburgh, in the county of under protest, and he received a receipt which is set forth in the report, Elair and State of Pennsylvania. and which I shall be glad to have the Clerk read. That receipt shows Charles J. Harrison, to be postmaster at Wahoo, in the county of that the payment was a conditional one. Saunders and State of Nebraska. Ur. LANHAM. In addition to what my colleague has stat-ed, I de­ sire to say that this bill passed the Senate at the last Congress, and was favorably reported from the Committee on Cla.ims in that Con­ gress. It has been unanimously reported by the same committee this HOUSE OF REPRESENTATIVES. Congress. I have very fully and thoroughly investigated the case, and I have no doubt whatever that the bill is a meritorious one. WEDNESDAY, February 15, 1888. The SPEAKER Jlro tempore. Is there objection to the present con­ sideration of this bill? The Clerk, Hon. JOHN B. CLARK, called the House to order and There was no objection. directed the reading of the following letter: The bill was ordered to a third reading; and it was accordingly read WASHINGTON, Febn.w.1-y 15, 1888. the third time, and passed. Bon. JoHN B. CLARK, Clerk of House of Representatives: Mr. ABBOTT moved to reconsider the vote by wliich the bill was Sm: Mr. S. S. Cox is designated to ad as Speaker for this day. passed; and also moved that the motion to reconsitl_er be laid on the JOHN G. CARLISLE, Speaker. table. Hon. S. S. Cox took the chair as Speaker pro tempore. The latter motion was agreed to. Prayer by Rev. Dr. BRUSH, president of Dakota University. SENATE BILLS REFERRED. The Journal of yesterday's proceedin~ was read and approved. The SPEAKER pro tempore also laid before the House the following . ,BAGADUCE RIVER. Senate bills; which were severally referred, as follows: The SPEAKER pro tempore laid before the House a letter from the The bill (8.1103) to provide for an Indian school at Carson City, Nev.- Secretary of War, transmitting, with a letter from the Chief of Engi­ to the Committee on Indian Affairs. - neers, a report of the examination and survey ofBagaduce River Maine· The bill {S. 937) for the relief of David L. Brainard and others-to the which was referred to the Committee on Rivers and Harbors' and or~ Committee on Military Affairs; and - dered to be printed. ' The joint resolution (S. 35) appropriating $10,000 for the subtropical LOTS IN DULUTH. exposition at Jacksonville, Fla.-to the Committee on Appropriations. The SPEAKER pro tempore also laid before the House a letter from LEAVE OF .ABSENCE. the Secretary of War, with inclosures, in relation to the proposed accept­ By unanimous consent, leave of absence was granted to Mr. CARUTH ance by the United States of a deed tendered by the city of Duluth of for :five days, on accountofimportant business. certain lots in that city for purposes of navigation and commerce· which WITHDRAW.AL OF PAPERS. was referred to the Committee on .Rivers and Harbors, and ord~red to be printed. By unanimous consent, Mr. PHELAN obtained leave to withdraw SURVEYS OF THE MISSISSIPPI RIVER. from the :files of the House the papers filed by Mrs. E. E. Carter in connection with the bills H. R. 5493 and 5492, one granting a pension The SPEAKER pro tempore also laid before the House a letter from and ·the other for her relief. the Secretary of War, transmitting, with a letter from the Chief of En­ gineers, reports of examinations and surveys of the Mississippi River BEET-SUGAR CULTURE IN CALIFORNIA. between St. Paul and St. Anthony's Falls, and of the Red River of the 1rir. MORROW presented the report of a committee on beet-sugar North from Morehead to Fergus Falls; which was referred to the Com­ culture in California, adopted by the Chamber of Commerce of San mittee on Rivers and Harbors, and ordered to be printed. Francisco; which, by unanimous consent, was ordered to be print-ed in PUBLIC BUILDING, PORTLAND, OREGON. the RECORD. _ It is as follows: The SPEAKER pro tempore also laid before the House the following Report of committee on beet-sugar culture in California, adopted by the Cham­ Senate bills; which were severally referred as follows: ber of Commerce of San Francisco, in special session, February 2, 1888. The bill (S. 20) to provide for the construction of a public building at RESOLUTIONS. Portland, Oregon-to the Committee on Public Buildings and Grounds. Wher~as ~he P';lblic mind is now directed t~ the possibilities of beet-root sugar The bill (S. 416) for the relief of Mrs. Harriet H. Robinson-to the pr?ducho~ m th1.s col!-ntry, and c.onfidence lS ~xpressed in the adaptability of Committee on Claims. BOll and climate m th1s State particularly to th1s culture, and large expectation is excited in respect to the benefits that would accrue by development of this The bill (S. 424) rela:ting ~ lands in ~lorado lately occupied by the industry, the fa~t remains that it is .still in an experimental stage, and can not Uncompahgre and Wh1te R1ver Ute Indians-to the Committee on In­ therefore be relied on as an ascerta.med source of sugar supply for immediate dian Affairs. requirements, either for loca.l consumption or for shipment; and · Whereas it has been suggested that a.n appeal to Congress for a. bounty on The bll! (S .. 601) to authorize purchasing additional ground inNewark, beet-root sugar would tend to largely stimulate beet-root producers and en­ ~· J., adJolDlllg the cu~to?I-house and post-office building, and forthe courage capital to invest in beet-root sugar factories in California. and through- unprovement of the building thereon, and for the erection of additions out the country; and _ Whereas this is a. step in the reduction of the duty on importations into the thereto-to the Committee on Public Buildings and Grounds. United State.s of foreign sugar, and therefore points in the direction of A. B. NORTON. which w~ regard as da~gerous to the best i?terests of the country at this time: !lnd partic~ly ~ena.crng to .the commercuu growth of San Francisco, in that The SPJ

this country, which haa recently been renewed for a period of seven years; The bill as amended was ordered to be epgrossed and read a third and time; and being engrossed, it was accordingly read the third time, Whereas the principle of free trade is not in harmony with the sentiment of and the best thought of t-he people of the United States, and would cripple, if not passed. destroy, many important manufacturingindustriestbathaveto contend against Mr. LAFFOON moved to reconsider the vote by which the bill wM the underpaid labor of foreign countries; and passed; and also moved that the motion to reconsider be laid on the w ·hereas an effort to bestow a bounty on one industry would be opposed by others equally entitled to protection and encouragement, and the effort would table. · therefore result in failure in the one instance or in the granting of a bonnty to The latter motion was agreed to. all, which would for the time unsettle values and work great injury to the com­ mercial and manufacturing interest; and FEDERAL JUDGMENTS -As UENS ON REAL ESTATE. Whereas the Southern sugar-producing States are equally interested in con­ tinuing the present tariff on sugar imported into this country, and are entitled 1\Ir. ANDERSON, of Iowa, presented a joint resolution of the Gen­ to consideration at the hands of Congress in the settlement of this vital ques­ eral Assembly of Iowa as to when Federal judgments shall constitute tion; and Whereas all persons best informed on the beet-sugar question agree that the a lien on real estate; which was referred to the Committee on the best possible encour!lgement this industry can have is a continuance of the pres­ Judiciary, and ordered to be printed in the RECORD. It is as follows: ent tariff on foreign sugars, and that a reduction of this duty will prevent further development for many years of the beet-sugar industry in California: Joint resolution No.3. Tlierefore, Be it resolved by o~e General Asse:mbJy of the Slate of Iowa, That our representatives Be it resolved, That the Chamber of Commerce of San Francisco regards the in the Senate and House of Representatives in Congress be requested to use proposition to fix a bounty on beet-sugar produced in the United States at the their efforts to secru-e the passage of a. bill which shall require that beforejudg· present time unnecessary, and strongly urges Congress not to make any change ments rendered in the Federal courts sitting in the State of Iowa. shall become in the present tariff in respect to the article sugar. liens upon I'eal estate transcripts thereof shall be filed with the clerk of the Resolved, That the proposition of a bounty, as suggested at this time, is a dan­ court in the county where the real estate is located and be properly indexed. gerous one in that it contemplates a policy which is not likely to be permanent Approved February 9, 1888. enough to give sufficient assurance to capitalists, who are now disposed to in­ vest money in manufactures, to warrant them in making such investments, and I hereby certify that the foregoing joint resolution passed the senate and the in developing manufacturing industries. bouse of representatives of the Twenty·second General Assembly of the State H.esolved, That we regard it as unwise and dangerous to introduce any policy of Iowa. in the revenue system of the United States which departs so radically from the (SEAL.] FRANK D. JACKSON, policy which has made our country one of the strongest nations in the wor_ld, Secretary of State. politically and financially, and under which a development unknown in the PENSIONS. history of nations has been experienced. · Resolved, That the Pacific coast delegation in Congress, and particularly the Mr. ANDERSON, of Iowa, also presented a resolution adopted by delegation from this State, be urged to use all possible means ·to defeat any ac­ the Republican Club of Creston, Union County, Iowa, favoring a meas­ tion in Congress which contemplates a change in the present duty on sugar and ure granting to each Union soldier who served in the war with Mexico the establishment of a bounty system. Resolved, That the lumber, fruit, wine, wool, and other important intet·ests of or in the war of the rebellion a pension on the sole condition of an the Pacific coast are equally interested in maintaining the present tariff, and honorable discharge; which was referred to the Committee on Pensions, are urged to unite with the chamber in a firm and vigorous vrotest against the and order to be printed in the -RECORD. It is as follows: reductions suggested, which threaten to destroy these large interests. IRA P . RAJ.'nCIN. Be it resolved by the Republican Club of the city of Creston, Union County, Iowai FRED A. GIBBS. That while we recognize the importance of such legislation by our Nationa • J A true copy. W. H . DIMOND. Congress as shall foster and protect the agriculturn.l, manufactural, and com­ Attest: mercial interests of the country, yet, in view of the inestimable services ren- WILLIAM L. 1\IERRY, President. dered by our citizen soldiers on lQ.nd and sea. to our nation in the hour of her [SEAL.] THOS. J. HAYNES, Secretary. greatest need, we deem it a. duty which the nation owes to these her heroic de- UNITED STATES COURTS AT OWE TSBOROUGH, KY. ~~~~eun}~!ts~Mi~o:;Je:il~~~~~:~~e: e~~:~~ ~~~e ~~e;ifueJ:ri~~~~ ~~ 1\fr. LAFFOON. Mr. Speaker, I ask unanimous consent to take from the war of the rebellion Ia pension upon the sole condition that aid soldier or 'd h ld' sailor was honorably discharged from ss,id service. t h e C a I end ar t h e bill (H · R · 3361) to prov-1 e for 0 rng terms of the Be it fttrther 1·esolved, That a copy of these resolutions be forwarded to our rep- United States courts at Owensborough, Ky., and to put it upon its pas- resentatives in Congress, and they be hereby requested to do all in their power sage. The bill does not carry any money. to have such measure passed at this session of Congress. The bill was r ead, as follows: INTERNATIONAL COPYRIGHT. Be it e-nacted, etc., That the territory embraced within the following counties I AND ·~oN f I I '-~d th t'ti f th ~ in said district, to wit, Daviess, Henderson, Union, Christian, Todd, Hopkins, !lfr. . ER-o , 0 owa, a so presen&A;; . e pe 1 on 0 . e ~acul.ty Webster, McLean, Muhlenberg, Logan, Butler, Grayson, Ohio, Hancock, and of Amity College, Page County, Iowa, fa-vorrng fuller secunty to lit­ B;e!!~ridge •. sha~l h_ereafter constitute and be kn?wn. as the 9w~nsborough erary property and askincr tUe speedy enactment of an international div1s1on of smd dtstnct; and regular terms of the CJrcmt and dJstrlCt courts of . · 0 fi d to h C ·t~~ p te the United st,,t~s fot: sai~ .~strict s~a~ be held' semi-annually in the city of copynght law; >,VhiCh .was re erre t e. omnn ~e on a nts, and Owensborough, 1n smd dtVlston, beg1nnmg on the-- Monday in--and ordered to be prrnted m the RECORD. It IS as follows: the --Monday in--, and continuing at each term for-- judicial days, if the business shall require it; and the judges of said courts shall have the same To the honorable the Senate and Hou,se of Jlepl'esentatives of the United States: power to call special terms in said division as they may now do under the laws 'Ve, the undersigned, member!!l of the faculty of .Amity College, at College of the United States elsewhere in said district. Springs, Iowa, believing that both justice and expediency demand fuller security SEc. 2. That the said courts so sitting at Owensborough shall have aud exer­ for literary property, hereby petition your honorable bodies for the speedy en­ cise the same jurisdiction, power, and authority in all civil actions pleas, or actment of an international copyright law. proceedings, and in all prosecutions, informations, indictments, or other crim­ T. J. KENNEDY, President, inal or penal proceedings, conferred by general laws on the district and circuit , HE :rRY A VERY, Projesso1· Ein.glish .Literature, courts of the United States; and where one or more defendants in any civil ELEANOR F. KRAIGER, Didactics and History, cause shall reside in said division, and one or more defendants to such cause JOHN 0. TAYLOR, Mathematics, shall reside out of said division but in said district, then the plaintiff may insti­ C. 0. WOODMANSEE, Commercial. Department, tute his action either in the court having jurisdiction over the latter or in the S. S. MAXWELL, Natural Science, said division. EMMA W. NELSON, Music, SEC. 3. That in aud for said division the clerk of the said district, at Louisville, AU of College Spr-ings, Iowa. shall appoint a deputy who shall reside at Owensborough, and in case of the death or removal of said deputy, or from other cause, it becomes necessary, he GREER COUNTY, TEXAS. shall appoint a successor or successors to said deputy in like manner in all re­ :Mr. LANHAM. I ask unanimous consent that the Committee of the spects as by law he may now appoint and remove deputies; and he may require bond of said deputy to himself, with surety for the faithful discharge of his du­ Whole House on the state of the Union be discharged from the further ties and for indemnity in case of breach, on which actions may be maintained consideration of House bill No. 4375, and that it now be considered in in said district court; aud said deputy shall keep and preserve the records of the House as in Committee of the Whole. the court at Owensboro ugh; issue all writs, precepts, and process, and perform ' all other duties devolved upon his principal. The SPEAKER p1·o tempore. The gentleman from Texas [Mr. LAN­ SEc. 4. That the marshal of said district shall, by himself or deputy, attend HAM] asks unanimous consent to have considered in the House at the upon the terms of the court in said division; and he may appoint a deputy to present time the bill which will be read. reside at Owensborough (and shall do so if ordered by the court), who shall discharge all the duties of marshal; and the marshal may require a bond of in­ Mr. REED. I respectfnlly suggest that recognitions for unanimous demnity to himself, similar to that re~rred to in the last section. consent ought to take place with reference to the <}ifferent sides of the SEC. 5. That this a~t shall not affect the jurisdiction, power, and authority of_ House. the court as to actions, prosecutions, and proceedings already begun and pend­ in·g in said district, but the same will proceed as though this act bad not been The SPEAKER pro tempore. The Chair was undertaking to do that. passed, except that the court shall have power, which it may exercise at discre­ Mr. REED. I do not see that it has been done. tion, to transfer to the court in said division such of said pending actions, and The SPEAKER pro tempore. The Chair recognized the gentleman so forth. as might properly be begun therein under the provisions of this act. SEC. 6. That until the public building of the United States at Owensboro ugh, from Iowa [Mr. ANDERSON] and then turned to the other side. the erection whereof bas been provided for by an actoftbe present session of Con­ :Mr. REED. The gentleman from Iowa is not on our side of the gress, shall have been completed, tbecourtshereinprovided forshall be.held at the court-house of Daviess County; and the deputy clerk shall provide himself House. with ah officer at Owensborough, but in no event shall the United !States be The SPEAKER pro tempore. The Chair will endeavor to observe chargeable with rent or otherwise on account of either. fairly the practice in this regard. The Chair will state that on the list The Committee on the Judiciary recommended amendments as fol­ of members for recognition the gentleman from California [Air. FEL­ lows: TON] was next, but the Chair did not se~ - that gentleman ~m the floor. Section 1, line 11, insert before the woTd ''Monday" the word " fourth;'' same Mr. REED. I think that by some acmdent the rule which has here­ line, after the word "in," insert the word "January;" same line, before the tofore obtained in the Honse in regard to this matter has not been -very word "Monday," near the end of the line, insert the word "first." Section l,line 12, n.t the beginning of the line, before the word" and," insert well observed. the word ''June;" same line, before the word "judicial," insert the word The SPEAKER pro tempore. There is nothing in the rules on the "eighteen." subject. The Chair will endeavor to be fair. The amendments were agreeQ. to. Mr. FELTON. I did not desire to be recognized this morning. 1888._ CONGRESSIONAL RECORD~HOUSE. 1227

The SPEAKER pro tempore. The Chair understood that the gentle­ 1\Ir. LANHAl\I. And it is believed this measure offers a greater hope man did wish Teco!mition. ofspeedy settlement than any other bill that could possibly bedraughted. Mr. DORSEY: 1 was to take the gentleman's place on the list. Besides, the matter will go to the Judiciary Committee of the Senate, The SPEAKER pro tempore. The Chair was not aware of that. The where it can be further deliberated upon and investigated. It is well gentleman from Texas [Mr. LANILU.I] asks nnanimous consent for the known how difficult it is to get consideration of bills here. What we consideration of the bill which will be read, the right to object being seek to do, so far as Texas is concerned, is to put an end to the contro­ reserved. versy as soon as possible. I trust the gentleman from illinois will not The Clerk read as follows: object. A bill (H. R. 4375) to create a board of arbitration to settle and determine the There are some four or five thousand people living in what is known controve1·sy between the United States and the State of Texas relating to cer­ as Greer County, Texas. It is regularly organized as aoeounty, and the tain territory by them respectively claimed. civil and judicial machinery of the State government is in operation Whereas a controversy exists between the United States and the State of Texas over the title to tJ;tat territory lying between theNorth and South Forks of Red there. But it is claimed by some on the part of the United States that River, east of the one hundredth degree oflongitude, the same being designated this county is a part of the Indian Terri tory, w bile it is earnestly a....c:serted on the maps of Texas as Greer County ; and by Texas that it belongs to that State. We hope, by the creation of Whereas all efl:'orts heretofore made by and between the United States and the St.ate of Texas for a settlement of said controversy have failed; and this board of arbitration, to have the matter settled fairly and finally. Whereas it is desirable that said conflicting claims should be finally settled l\IT. ADAJ\IS. Although I have grave doubts whether we ought to and determined : Therefore, pass this bill until it is shown that a better mode of procedure can not Be it enacted by the Senate and House of .Representatives of the United States of _ America in. Cknogress assembled, That a board of arbitration be, and the sam~ is be framed, I withdraw my objection, simply because of my unwilling­ hereby, created for the purpose of deciding said controversy and finally deter­ ness to object to anything which all the rest of the House agrees to con­ mining the ownership of said territory. sider. SEC. 2. That said board of arbitration shall consist of five persons, who shall be learned in the law, two of whom shall be appojnted by the President of the The SPEAKER pro tempore. Is there objection to the consideration United States, two by the governor of Texas, and the fifth, who shall be the of this bill in the House? chief-justice or governor of some one of the States other than Texas, shall be Mr. REED. It is understood, I believe, that the words "or gov­ agreed upon and appointed by the President of the United States and the gov­ ernor of Texas. ernor" are to be stricken out. SEc. 3. That said board of arbitration shall meet at such place or places as may Mr. LANHAM. In order to obviate one objection, it bas been sug­ be designated by a. majority of itsmembets, and shall have full authority to send gested by the gentleman from Maine [Mr. REED that in line 5 of sec­ for persons and papers, to administer oaths, and to hear and receive testimony J in behalf of the respective claims of the United States and the State of Texas, tion 2 the words "or governor" be stricken out. I am disposed to including any evidence heretofore taken and received by the Joint Boundary agree to that proposition, so that the umpire will be the chief-justice Commission, under the net of Congress approved January 31, 1885, and to of some State other than the State of Texas. thoroughly investigate and decide said controversy, to the end that it may be definitely settled and determined whether said territory belongs to the United I\fr. OATES. The Judiciary Committee were not unanimously of States or the State of Texas. opinion that those words should be retained in the bill; hence it would SEC. 4. That said board of arbitration shall be appointed and enter upon the be best, perhaps, that the amendment now suggested be adopted. work hereby a signed them as early as practicable after the passage of an act of similar import to this by the Legislature of the State of Texas, and shall ren­ Mr. CULBERSON. While I have no authority to speak for the Ju­ der their decision as soon as the importance of the issue and a proper investi­ diciary Committee on this subject, I have some knowledge of the views gation thereofwilljustify, and when said decision is rendered the same shall of individual members upon the proposition made by the gentleman be by said board of arbitration certified to the President of the United States and the governor of Texas, and shall be recorded in the· respective general land from Maine; and I think it will meet their approbation if this amend­ offices of the United States and the State of Texas, and said decision shall be ment be·adopted. final and decisive of said controversy. Mr. LANHAM:. Then, Mr. Speaker, let that amendment be made. SEc. 5. That the sum of 510,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropri­ The SPEAKER pro tempore. Is there objection to the consideration ated, to be expended under the direction of the Secretary of the Interior, to de­ of this bill? The Chair hears none. The question is on the amend­ fray the expenses and for compensation of those members of said ·board of ar­ ments. bitration appointed by the President: Pl·ovided, That the State of Texas shall pay a sum equal to that paid by the United States as compensation for that mem­ Mr. LANHAM. Let the question be taken on the amendment just ber of said board jointly appointed by the President and governor of Texas. suggested as well as those proposed by the committee. SEo. 6. That this act shall take effect and be in force as soon as the Legisla­ The SPEAKER pro tempore. If there be no objection, the question ture of Texas shall pass an act in accordance herewith. will be taken on the amendments together. The amendments reported by the Committee on the Judiciary were There was no objection. as follows: The amendments were agreed to. In line 2, section 2, strike out " five" and insert "three," and strike out " two" The bill as amended was ordered to be engrossed and read a third and insert "one." · In line 4, section 2, strike out " two" and insert " one," and strike out "fifth" time; and being engrossed, it was accordingly read the third time, and and insert" third. . " passed. Mr. ADAMS. Mr. Speaker,howdoesthisbillcomeup? Has unani­ llir. LANHAM moved to reconsider the vote by which the bill was mous consent been given for itB consideration? passed; and also moved that the motion to reconsider be laid on the Mr. LANHAM. I have asked unanimous consent for its considera­ table. · · · tion. The latter motion was agreed to. Mr. ADAMS. Ha.s it been granted? REPORTS FROM COIDIITTEES. The SPEAKER pro tempore. It hasnotbeen. Is there objection to The SPEAKER p1·o tempore. Committees will now be called for re­ the consideration of the bill? ports. Mr. ADA1tf.S. I will say to the gentleman from Texas that, while ANNULMENT OF TEXAS TITLES. I have no objection to the passage of some measure which shall effect the purpose contemplated by this bill, I would greatly prefer a bill Mr. CULBERSON, from the Committee on the Judiciary, reported providing for the settlement of this controversy in the Supreme Court back favorably the bill (H. R. 1887) to annul certain titles to land ac­ of the Unit¢ States, where"! think it ought be and can properly be quired by judicial proceedings in the courts of the United States in to Texas, and for other purposes; which was referred the Committee of settled. When this report was made I reserved the right to dissent, to intending, if I had the time (and I did not suppose the bill would be the Whole House on the state of the Union, and the accompanying re­ called up so soon), to try to examine the original case of the State of port ordered to be printed. Georgia, which came up before the adoption of the amendment of the SOUTHWESTERN ARKANSAS AND INDIAN TERRITORY RAILROAD. Constitution, in order to see whether that might not be a precedent in Mr. CRISP, from the Committee on Commerce, reported back with this regard. amendment the bill (S. 322) to authorig;e the Southwestern arkansas Mr. LANHAM. I will say to the gentleman that there seems to be and Indian Territory Railroad Company to build a bridge across the some doubt whether there is constitutional authority to create a court Ouachita River in Arkansas; which was referred to the Committee of to decide this question or to confer jurisdiction authorizing the State the Whole House on the Private Calendar, and the accompanying re­ of Texas to sue the UnitedStatesortbe United States to sue the State. port ordered to be printed. This matter bas received careful consideration, I take it, at the hands of the Judiciary Committee. The question is very important, and it REV~'"UE-CUTTER FOR CHARLESTON, S. C. is exceedingly desirable that it should be speedily settled. The con­ Mr. PHELAN, from the Committee on Commerce, reported back troversy is one of long standing. In 1886 a commission was appointed favorably the bill (H. R. 1818) for construction of a revenue-cutter for by the President which went down to the State of Texas and, co-oper­ Charleston, S. C., in maintenance of the service, to replace the United ating with a commission on the part of the State- States revenue-cutter M:cCulloch; which was referred to the Commit­ Mr. ADAMS. I am aware of that: and that commission failed sim­ tee of the Whole House on the state of the Union, and the aecompany­ ply because it was a commission. We should have had the ca.c;e settled ing report ordered to be printed. now ifit had gone into the Supreme Court of the United States. 1\Ir. LANHAM. In the bill, however, now recommended bv the Ju­ BRIDGE ACROSS TENNESSEE RIVER. diciary Committee it is proposed there shall be three arbiterS-one to Mr. PHELAN also, from the Committee on Commerce, reported back be selected by the President of the United States, another by the gov­ favorably the bill (H. R. 1076) authorizing the construction of a bridge ernor of Texas, and a third by the President and governor acting jointly. across the Tennessee River at Chattanooga, Tenn.; which was referred These arbiters are to be men learned in the law-- to the Committee of the "Whole House on the Private Calendar, and the Mr. ADAMS. I am aware of that. accompanying report_ordered to be printed. 1228 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15,

BUREAU OF PUBLIC HEALTH. PUBLIC BUILDING, BAY CITY, MICH. Mr. DAVIS, from the Committee on Commerce, reported back with Mr. NEWTON, from the Committee on Public Buildings and Grounds, amendment the bill (H. R. 1526) to prevent the introduction of conta­ reported, as a substitute for H. R. 1568, a bill {H. R. 7263) for the erec· gious and infectious diseases into the United States, and to establish a tion of a public building at Bay City, Mich.; which was read a .first and bureau of public health; which was referred to the Committee of the second time, referred to the Committee of the Whole House on the state Whole House on the state of the Union, and the accompanying report of the Union, and, with the accompanying report, ordered to be printed. ordered to be printed. · · House billl568 was ordered to be laid on the table. KANSAS CITY AND PACIFIC RAILROAD COMPANY. PUBLIC BUILDING, NEWARK, N.J. :Mr. PERKIN.il, from the Committee on Indian Affairs, reported back Mr. LEHLBACH, from the Committee on Public Buildings and with amendment the bill (H. R. 3359) to grant the right of way to the Grounds, reported back favorably the hill (S. 601) to authorize the Kansas City and Pacific Railroad Company through the Indian Terri­ purchase ofadditionai ground in Newark, N . .J., adjoining the custom· tory, and for other purposes; which was referred to the Committee of the house and post-office building, and for the improvement of the build· Whole House on the Private Calendar, and the accompanying report ing thereon, and for the erection of additions thereto; which was re· ordered to be printed. ferred to the Committee of the Whole House on the state of the Union, MOORHEAD, LEECH L.AK.E• .AND NORTHER~ RAILWAY COMPANY. and, with the accompanying report, ordered to be printed. lli. NELSON, from the Committee on Indian Affairs, reported back MARY F. POTTS. a bill {H. R. u650) granting the right of way through certain Indian Mr. VANCE, from the Committee on Patents, reported back ad­ lands in the State of :Minnesota to the Moorhead, Leech Lake and versely the bill (H. R. 47) for the relief of Mary F. Potts; which was Northern Railway Company; which was laid on the table. referred to the Committee of the Whole House on the Privat-e Calendar, Mr. NELSON also, from the Committee on Indian Affairs, reported and the accompanying report ordered to be printed. a bill (H. R. 7261) granting the right of "ay through certain Indian l't!r. VANCE. I understand the minority desire to be heard, and will lands in the State of MinnesotatotheMoorhead, LeechLakeandNorth­ submit their views hereafter. · er:n Railway Company; which was read a first and second time, referred to the Committee of the Whole House on the Private Calendar, and the PUBLIC BUILDING, MILWAUKEE, WIS. accompanying report ordered to be printed. 1\fr. POST, from the Committee on Public Buildings and Grounds, reported back with amendments the bill (S. 154) for the erection of a SOLDIERS' MONUMENT, ROCKLAND, 1\!E. public building at Milwaukee, Wis.; which was referred w· the Com· 1\Ir. MILLIKEN, from the Committee on Public Buildings and mittee of the Whole House on the state of the Union, and, with the ac­ Grounds, reported back favorably the bill {H. R. 1495) granting to Ed­ companying report, ordered to be printed. ward Libby Post, Grand Army of the Republic, permission to erect a soldiers' monument on vacant land adjoining custom-house at Rock­ CLAIMS OF THE STATE OF M~YLAND. land, Me.; which was referred to the House Calendar, and the accom­ lli. SHAW, from the Committee on Claims, reported ba-ck favorably panying report ordered to be printed. the bill (H. R. 1521) to provide for paying certain advances made to the United States by the Stat-e of Maryland; which was referred to the PUBLIC BUILDING, BAR HARBOR, ME. Committee of the Whole House on the state of the Union, and, with the Mr. MILLIKEN also, from the Committee on Public Buildingsand accompanying report, ordered to be p~inted. Grounds, reported back favorably the bill {H. R. 4467) for the erection of a public building at Bar Harbor, in Maine; which was referred to the GEORGE F. ROBERTS .AND OTHERS. Committee of the Whole House on the state of the Union, and the ac­ Mr. SHAW also, from the Committee on Claims, reported back with companying report ordered to pe p~nted. amendments the bill (H. R. 2127) for the I"elief of George F. Roberts and others; which was referred to the Committee of the Whole House APPRAISERS' WAREHOUSE, NEW YORK. on the Private Calendar, and, with the a-ccompanying report, ordered to Mr. DIBBLE, from the Committee on Public ·Buildings and Grounds, be printed. reported back with amendment the bill (H. R. 1661) for the erection 1 GEORGE B. HANSELL. of an appraiSers' warehouse in the city of New York, and for other pur­ Mr. SHAW also, from the Committee on Claims, reported back favor· poses; which was referred to the Committee of the Whole House on the ably the bill (H. R. 5336) for the relief of George B. Hansell; which state of the Union, and t_he accompanying report ordered to be printed. was referred to the Committee of the Whole House on the Private Cal· PUDLIC BUILDING, CHARLESTON, S. C. endar, and, with the accompanying report, ordered to be printed. Mr. DIBBLE also, from the Committee on Public Buildings and P. GOUGH EDELIN. Grounds, reported back with amendment the bill (H. R. 4358) to in­ crease the limit of cost for the public building in course of erection at Mr. SHAW also, from the Committee on Claims, reported ba-ck favor· Charleston, S. C. ; which was referred to the Committee of the Whole ably the bill (H. R. 6753) for the relief of P. GoughEdelin; which was House on the state of the Union, and the accompanying report ordered referred to the Committee of the Whole House on the Private Calen· dar, and, with the accompanying report, ordered be printed. to be printed. to PUBLIC BUILDING, TEXARKANA. . :Mr. DIBBLE also, from the Committee on Public Buildings and 11Ir. KERR, from the Committee on Claims, reported ba-ck favorably Grounds, reported back bills of the following titles; which were laid on the bill (H. R. 2686) for the relief of William Knowland; which was the table: referred to the Committee of the Whole House on the Private Calendar, A bill (H. R. 1865) providing for the construction of a public build­ and, with the accompanying report, ordered to be printed. ing at Texarkana, on or across the boundary line between the States of W. C. SCANL.AND. Texas and Arkansas; and A bill {H. R. 2010) to provide for a public interstate building at Tex­ Mr. KERR also, from the Committee on Claims, rep<)rted back favor· arkana. ably the bill (H. R. 3496) for the relief ofW. C. Scanland; which was Mr. DIBBLE also, from the Committee on Public Buildings and referred to the Committee of the Whole House on the Private Calendar, Grounds, reported a bill (H. R. 7262) for the erection of a public build­ and, with the accompanying report, ordered to be printed. ing at Texarkana, situated on both sides of the line between the States .ADVERSE REPORT. of Ark~nsas and Texas; which was referred to the Committee of the Mr. CROUSE, from the Committee on War Claims, reported back ad­ Whole House on the state of the Union, and the accompanying report versely the bill (H. R. 4116) for the relief of Urias Buskirk; which was ordered to be printed. ordered to be laid on the table, and the accompanying report ordered to PUBLIC BUILDING, INDIANAPOLIS, IND. be prmted. :Mr. NEAL, from the Committee on Public Buildings and Grounds, CLAIMS FOR BOUNTY. reported back with amendments the bill (H. R. 1325) to provide for Mr. ROBERTSON, from the Committee on Military Affairs, reported the purchase of additional ground in the city of Indianapolis, Ind., back favorably the bill (II. R. 1558) to provide for the payment of a adjoining the post-office site, for the improvement of the building bounty of $100 to soldiers enlisted in the military service of the United thereon, and appropriating $125,000 therefor; which was referred to States under the act of .July 22, 1861, and who were discharged by rea­ the Committee of the Whole House on the state of the Union, and, son of surgeon's certificate for disability, or for promotion, before the with the accompanying report, ordered to be printed. expiration of two years, and who have not received $100 bounty; which was referred to the Committee of the Whole House on the state of the PUBLIC BUILDING, COLUMBUS, G.A. Union, and, wit·h the a-ccompanying report, ordered to be printed. Mr BANKHEAD, from the Committee on Public Buildings and Grou~ds, reported back with amendments the bill (H. R. 1275) for the PUBLIC BUILDING! BRIDGEPO~T, ~ON_N· erection of a public builtling at Columbus, Ga., and appropriating money Ur. SOWDEN, fr~m the Comnutte~ on Pubhc ~nildmgs and Grounds, therefor; which was referred to the Committee o~ the Whole House on repor.ted, as a snb~t1tut~ f?r House ~ill1266, a bill (H. ~· 7264) f?r the the state of the-Union and with the accompanymO' report, ordered to erectiOn of a public building at Bridgeport, Conn.; which was Iead a be printed. ' ' o 1 first and second time, referred to the Committtee of the Whole Ho~e 1888. CONGRESSIONAL RECORD-HOUSE. 1229

on the state of the Union, and, with the accompanying report, ordered On behalf of the people of South Dakota we invite the attention of Congress to our situation and repeat our request that our long-deferred rights be grant-ed to be printed. us by the admission of South Dakota to the Union. The people of South Dakota The bill H. R. 1266 was ordered to be laid on the table. would be false to the cardinal princi pies of the Republic if they should now ac­ cept admission as a whole. We believe they will never do it. If they possess PUBLIC BUILDING, HOBOKEN, N. J. the endurance and courage of men who are fitted for self-government, they can Mr. SOWDEN also, from the Committee on Public Buildings and ne•er surrender. We can suffer Territorial government, with all its privations and denials of justice indefinitely if it is forced upon us, but we .can not abandon Grounds, reported, as a substitute for House bill 4990, a bill (H. R. the principle, upon which the States of the Republic are founded, that the legally 7265) for the erection of a public building at Hoboken, N. J.; which eXpressed will of the majority shall prevail. was read a first and second time, referred to the Committee of the We further respectfully request that, in pursuance of the vote of the people on November 8 last, the Territory be divided on the seventh standard parallel, in­ Whole House on the state of the Union, and, with the accompanying stead of the forty-sixth parallel of latitude, as contemplated in the constitution report, ordered to be printed. adopted by the people in November,l885, and that the State be designated as The bill H. R. 4990 was ordered to be laid on the table. "South Dakota," and the north half of the Territory be permitted to enjoy the • name which they undoubtedly desire," North Dakota. CORRECTION OF CALENDAR. A. J. EDGERTON, President. Mr. BELMONT. I rise to a privileged question. JOHN CAIN, Secretary. The SPEAKER pro tempore. The gentleman will state it. Mr. SPRINGER also, by unanimous consent, presented a memorial Mr. BELMONT. I desire to correct a clerical error in the Calendar. of a convention assembled at Aberdeen, Dak., asking the admission of In the transcribing of the resolution assigning special days to the Com­ the whole Territory of Dakota as one State; which was referred to the mittee on Foreign Affairs, the Journal shows correctly that the days Committee on the Territories, and ordered to be printed in the RECORD. - fixed are-Thursday and Saturday, th.e 16th and 18th of February. It The memorial is as follows: is here stated in the Calendar as March. It should be February. Memorial. The SPEAKERp1·o tempore. The Chair will state that the Journal To the Oongress of the United States : is right. The original paper seems to have been wrong. It is no fault The people of Dakota Territory, assembled in a delegate convention, respect­ fully represent that they are desirous of the admission of the Territory of Dako­ of the clerks at the desk. ta as a State into the Federal Union. We are possessed of the requisite popula,.. Mr. BELMONT. The days assigned to the committee were Thurs­ tion to entitle Dakota to representation in the House of Representatives in case day and Saturday of this week. of admission. We therefore earnestly petition for the passage by Congress of an enabling act authorizing the election of delegates to a convention for the LEGATION BUILDING IN JAPAN. purpose of preparing a constitution, republican in form, to the end that the con­ stitution so framed may be submitted to a vote of the people of said Territory Mr. BELMONT, by unanimous consent, introduced a joint resolu­ at the next general election for ratification, and, if ratified, that Dakota Terri­ tion (H. Res. 110) accepting from the Government of Japan the gift of tory be admitted into the Union as the "State of Dakota." a plat of ground for legation purposes, and making appropriations Submitted herewith is the proceedings of the convention of the people of Da­ kota held at the city of Aberdeen, Dak., December 15,1887, to all of which we therefor; which was read a fu'St and second time, referred to the Com­ earnestly invite your attent.ion and pray for a favorable consideration. mittee on Foreign Affairs, and ordered to be printed. L. G. JOHNSON, of BrOWfl, County. M. L. McCORMACK, of Grand Forks. LEGATION BUILDING AT BANGKOK, SIAM. W. E. DODGE, ofCass County. GRANVILLE G. BENNETT, of Lawrence County. Mr. BELMONT also, by unanimous consent, introduced a bill (H. P. B. McCARTY, of Pennington Coun-ty. R. 7266) making appropriation for the repair and improvement of the JOHN L. PENNINGTON, of Yankton County. ROBERT H. McBRIDE, of Davison County. buildings of the United States legation at Bangkok, Siam; which was W. E. PURCELL, of Richktnd County. read a first and second time, referred to the Committee on Foreign ANTHONY GARNETT of Pembina County. Affairs, and ordered to be printed. C. H. WINSOR, ofMinnel,;;,ha CountlJ. F. A. GALE, of Lincoln County• .ADMISSION OF DAKOTA. C. T. McCOY, of Brown County. Mr. SPRINGER, by. unanimous consen~ presented a memorial of J. A. LEE, of Day County. WILLIAM THOMPSON, of Burleigh County. the constitutional convention of the State of Dakota, a-sking for the J. A. FRYE, of Stu~man County. admission of South Dakota into the Union, and the formation of North Dakota into a Territory; which was referred to the Committee on t·he TERMS OF COURT IN NEBRASKA. Territories, and ordered to be printed in the RECORD. Mr. DORSEY. I ask unanimous consent to call up from the House The memorial is as follows: Calendar, for consideration at this time, the bill (H. R. 1612) to provide for holding terms of the United States district and circuit courts ·in the To the Congress of the United States: The constitutional convention of Dakota, elected under the act of the Terri­ State of Nebraska, which h;:ta been reported by the Committee on the torial Legislature approved by the governor March 9, 1885, with power under Judiciary with amendments. the act to adjourn from time to time, respectfully represents that it has main· The bill as proposed to be amended was read, as follows: tained its organization and existence, and on this 9th day of January, 1888, again convened, pursuant to a. previous adjournment, for the purpose of renewing [Omit the parts in brackets and insert the parts printed in italics.] and emphasizing the request of the people of South Dakota for a division of the Be it enacted, etc., That the State of Nebraska shall constitute one judicial dis- Territory and their admission to the Union as a State. trict, which shall be called the district of Nebraska. For the purpose of trying That the people of all Dakota, nOl'th and south, have, during the past seven- all issues of fact, triable by jury in the United States circuit and district courts, teen or eighteen years, contemplated division and the formation of two States said district is hereby divided into five divisions, which shall be called the east­ you are well aware, and that the buildings and institutions of the Territory ern, southern, western, northern,andcentraldivisionsofthe districtofNebraska. have been systematically duplicated, one of each class having been established The eastern division shall include the counties of Douglas, Sarpy, Cass, Saunders, in each division of the Territory. Nearly every Legislature which has con- Washington, Dodge, Colfax, Platte, Boone, Nance, Merrick,Cuming, Burt, [Keya ,-ened in the past eighteen years has either memorialized Congress or taken Paha,] Dakota, and Dixon; the southern divisioR shall include the counties of some action in behalf of a division of the Territ-ory. Lancaster, Otoe, Nemaha, Richardson, Johnson, Pawnee, Gage, [Jefferson,] But- The last convention of the Republican party, held at Yankton, in Sept-ember, ler, S.eward, Saline, York, and Polk; the western division shall include the coun- 1886, for the nomination of o. Delegate to Congress, adopted the following reso- ties of Adams, Fillmore, Jefferson, Hamilton, Clay, Thayer, Nuckolls, Webster, lution: Franklin, Harlan, Furnas, Red Willow, Hitchcock, Dundy, Chase, Perkins, ".Resolved, That the will of the people of all Dakota in favor of division of the Hayes, Frontier, Gosper, Phelps, and Kearney; the northern division shall in­ Territory on an east and west line has been so clearly and so often expressed elude the counties of Madison, Stanton, Wayne, Cedar, Knox, Pierce, Antelope, during the past fifteen years that 'there is no reasonable doubt of the determined Holt, Wheeler, Sioux, Brown, Ke:ya Paha, Cherry, Dawes, Garfield, and Sheri­ purpose of a large majority to hold on steadfastly till this purpose is accom- dan; the central division shall include the counties of Buffalo, Hall, Howard, plished, and we earnestly ask Congress to pass such a measure without delay, Greeley, Valley, Sherman, Coster, Dawson, Lincoln, Keith, Cheyenne, Arthur, said division to be on the boundary line of the counties nearest the forty-sixth Grant, McPherson, Thomas, Blaine, Logan, [and] Loup, and Box Butte, and any parallel of north latitude." unorganized territory or counties not herein named. The last convention of the Democratic party, which met at Aberdeen in 1886, SEc. 2. That a deputy clerk of the said district and circuit courts shall be ap- to put in nomination a Congressional Delegate, adopted a resolution favoring a pointed at each place in the five divisions of said district where sai~ court is re­ submission of the question of division to the voters of the Territory. qui red to be held, each of whom, in the absence of the clerk, may exercise all In accordance with the request of the foregoing resolutions and for the pur- the official powers of clerk at the place within the division for which he is ap­ ' pose of obtaining an authoritative and final expression of the whole people, the pointed. The marshal of the said district of Nebraska shall perform the duties last Legislature submitted the question of division to the. people of the Terri- of marshal for all the divisions of said district, and shall keep an office at each tory, with the result of a decisive majority for division. of the places in the five divisions of said district where the circuit and district South Dakota has a population of more than 360,000 people, and an area of courts thereof are required t-o be held. The district attorney of the district of 77,000 square miles, with every requisite of a strong and safe State. Fair men Nebraska shall perform the duties of district attorney for all the divisions of will never claim that the division of Dakota will injure the nation. said district, being allowed such assistants as in the judgment of the Att-orney- Objection has been made to the division of Dakota on the ground that if di- General may be necessary. · vided into two States there would not be sufficient resources in each t-o sustain SEC. 3. That the regular terms of the circuit and district courts in said district a population equal to the older States. In reply, this convention would call th~ of Nebraska shall be held at the times and places following: In the eastern di­ attention of Congress to the report of the Hon. L. Q. C. Lamar,Secretary ofth61' t .vision of said district, at Omaha, on the first Tuesday in 1\fay and November; Interior, in which the following populations are given in the several Territo- in the southern division of said district, at Lincoln, on the first Tuesday in Jan­ ries ijeeking admission into the Union: Dakota, 568,400; 1\Iontana, 130,000; New uary and October; in the western division of said district, at Hastings, on the 1\Iexico, 160,000; Washington, 142,391. Of this population of Dakota, 208,000 are first Tuesday in March; in the northern division of said district, at Norfolk, on in North Dakota and 360,000 in South Dakota, showing in the less populous the first Tuesday in April; in the central division of said district, at Kearney, portion ft·om 48,000 to 68,000 more population than either of the other Territories on the first Tuesday in September. asking admission, and larger than some States. The Dakotas will be agricult- SEC. 4. That in said district, all suits not of a local nature in the district courts · ·ural Sta~s, whose population never decreases. . against a single defendant, inhabitant of such State, must be brought in the di- . But it IS now with the people of Dakota not a question whether division is vision of the district where he resides; but if there are two or more defendants desirable, bu~ whether the majority or the minority of her people shall direct residiug in different divisions of the district, such suit may be brought in either her local affau-s. If Congress shall declare that the minority shall prevail, or division and duplicate writs may be sent to the other defendants. The clerk that.the _wil~ of the majority shall be ignored, it will be a severe blow to repub- issuing such duplicate writ shall indorse thereon that it is a true copy of a writ can ms;titut10ns. It will establish a precedent which may hereafter work dis- sued out of the court in the proper division of the district; and the original and aster to the country. It is a. declaration that the General Government is drift- duplicate writs, when executed and returned into the office from which they ing awa.y from the principles upon which ~tat~shave heretofore been admitted. issue, shall constitute and be proceeded in as one suit• . All issues of fact in such 1230 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15,

suits shall be tried at a term of the court held in the division where the suit is we have tried to locate these courts, so that when citizens of the various so brought. States shall be brought unwillingly within the jurisdiction of the Fed­ The SPEAKER pro tempore. Is there· objection to the present con­ eral courts, they shall not be dragged five or six hundred miles to at­ mdemtionoftlrisbill? tend a district court. :M.r. HOLMAN. I did not no~e the exact terms ofthis bill, and Mr. STEWART, of Vermont. And thereby diminishing the expense. wish to inquire of the gentleman from Nebraska whether this bill in­ 1\Ir. ROGERS. In that respect it diminishes the expenses of liti­ creases the number of places at which the Federal courts shall be held gants, a-nd to that extent relieves the operation of the laws of their in N e"9raska ? harshest features. 1\Ir. DORSEY. Certainly. That is the object ofthe.bill. Mr. HOLMAN. Bnt still my friend will not say that it diminishes Mr. HOLMAN. To what extent? the expenses of the Federal Q{)vernment. On the contrary, the discus­ Mr. DORSEY. The bill adds three places. sion which we had here yesterday, in which the gentleman took part 1\ir. HOLMAN. The courts are now held at two places? with so much ability, showed that the tendency of all these measures Mr. DORSEY. Yes, sir; at Omalia.and Lincoln, in the extremeend is to enormously increase the expenses of the Federal judicia.! system. of the State. 1\Ir. ROGERS. It does increase.to alimitedextenttheexpenditures Mr. HOLMAN. And the o~ect is to provide . three other places for of the Q{)vernment, but that is not the question which the gentleman holding courts? raised. The gentleman said that we were increasing the jurisdiction Mr. DORSEY. Yes, sir. of the Federal courts and creating new facilities for them to take juris­ 1\Ir. HOL1t1AN. The business that goes into the Federal courts is, diction. That I controvert. of course, business connected with the administration of Federal laws 1tfr. HOLMAN. I did not say that you were increasing the juris­ alone? diction of the Federal courts, but that you were pursuing a policy which 1\fr. DORSEY. Yes, sir. would render it impossible fo~ any real reform to take place in the Fed­ Mr. HOLMAN. What public reason is there for the increase of the eral court system. The effect of all this is to diminish the importance num her of Federal courts in the State of Nebraska? of the local State tribunals and to increase that of the Federal courts; 1\Ir. DORSEY. In order to answer that question of the gentleman and there has been no legislation, not even that to which my friend re­ from Indiana, I ask that the report be read. It discloses the necessity fers and of which I highly approve, which has to any large degree re­ for this legislation. , · stricted the jurisdiction of the Federal courts. The report by (Mr. FULLER) was read, as follows: , 1\Ir. ROGERS. Mr. Speaker, it astonishes me to hear so well in­ The Committee on the .Jndiciary, to whom was referred the bill (H. R. 1612) formed a gentleman make a statement of that kind in so distinguished to provide for holding terms of the United States district and circuit courts in a presence, becau e everybody knows who has read what is called the the district of Nebraska, having considered the same, report as folio~: Yonr committee find that under present law of the United States courts in Culberson bill that the curtailment of the jurisdiction of the Federal Nebraska are held at Omaha and Lincoln. These two cities are in the eastern courts effected by that bill has been larger than by all others that have part of the State and not over 50 miles apart. Omaha is on the extreme eastern passed Congress during the last twenty years. boundary of the State and Lincoln about 60 miles interior. The State of Ne­ braska is 400 miles from east to west and 200 from north to south, and has 76,000 Mr. HOLMAN. That is conceded, of course; but at the same time squn,rc miles. When the present courts were established there were not over the bill accomplishes nothing in comparison with what I think ought 300,000 inhabitants in the State. The present population is estimated at 1,250,- to be accomplished. I think this tendency to override the local tri­ 000 people. Litigants, witnesses, andjnrors are now obliged to travel from 1 to 400 miles bunals of the States ought to stop somewhere, and that these facilities to attend court at great expense to themselTes and the Government. Courts of the Federal courts ought to be diminished instead of increased. should be held at such points inn. State as to accommodate the peopleoftheen­ ltfr. ROGERS. Mr. Speaker, my whole training has been never to tire State, and as this bill has this purpose in view, we are of the opinion it should pass, with the following amendments: suffer any man who once makes an issue to make a departure. The Strike out the words" Keya Paha" in twelfth line, and the word" Jefferson" statement of the gentleman from Indiana [Mr. HoLMAN] was that we where the same appears in fourteenth line. Insert the word "Jefferson" after were increasing the facilities for getting into the Federal courts. the word "Fillmore" in the sixt.eenth line; also insert the word "Perkins" is aft~r the word " Chase" in the eighteenth line; o.lso insert the words "Keya Mr. HOLMAN. Yes, that what ;r said. Pa.ba" after the word "Brown" in the twenty-firstline; also insert the words Mr. ROGERS. Now, I want to know how it is possible to increase "and Box Butte" after the word "Loup" in the twenty-fifth line. those facilities unless we increase the jurisdiction of the courts? What Mr. HOLMAN. I regret that the Committee on the Judiciary deem we really propose is to increase the facilities for the people to defend it nec~ry to so largely create facilities for entering the Federal court. themselves in suits brought against them in the Federal courts, but The tendency of all this is to supersede, in a, large degree, our State ws do not in any way increase the jurisdiction of those courts. tribunals. We can not expect to secure legislation by which the juris­ Mr. HOLMAN. You do not increase the jurisdiction directly, but diction of Federal courts shall be greatly diminished as long as this do you not do it by increasing the number of Federal courts? What policy of increasing the number of Federal courts is continued. In my are all these demands for additional terms of those courts for, if not for own State, which has much more reason for a large number of Federal the purpose of creating new and enlarged facilities for reaching those courts than the State of Nebraska-its courts having admiralty busi­ tribunals and givrng them advantages over the local tribunals, thereby ness on Lake Michigan and the Ohio-there are courts held aMour differ­ diminishing the relative importance of the local tribunals? ent places in the State, and a very enlightened Federal judge, one of the Mr. ROGERS. I now yield to the gentleman from Nebraska., best in the country, JudgeGresham, formerlydistrictjudgeofindiana, On motion of Mr. DORSEY, the amendments reported by the com­ now judge of the circuit, has always expressed the opinion that no pub- mittee we~e agreed to. 1ic or legitimate purpose justified more than a single place for the hold­ The bill as amended was ordered to be engrossed and read a third ing of the Federal courts in that State. Fully concurring in that view time; and being engrossed, it was accordingly read the third time, and from my own experience, I do not wish, however, to resist the miani­ passed. mous expression of opinion of the Judiciary Committee; but I ·ex.press Mr. DORSEY moved to reconsider the vote by which the bill as regret, as I have often done before in this House, at this practice of en­ .amended w~ passed; and also moved that the motion to reconsider be larging at every session of Congress the number of Federal courts, and laid on the table. thus diminishing the importance and practical jurisdiction of State tri­ The latter motion was agreed to. bunals. TARIFF COMPILATION. The SPEAKER pro tempore. Is there objection to the present con­ sideration of the bill? 1\Ir. HUDD, byunanimousconsent, introducedajointresolution(H. There wa no objection. Res. 111) to provide for printing 20,000 copies of Senate Report No. 12, Mr. ROGERS. I think it is due to the Judiciary Committee that I fust session Forty-eighth Congress, ·known as the Tariff Compilation; should make a yery few observations on this question. If the gentle­ which was read a first and second time, referred to the Committee on man from Indiana had devoted his attention as closely to the work of Printing, and ordered to be printed. the Judiciary Committee, or had had anaopportunity of doing so, as he NEW LIBRABY BUILDING. has to those branches of the public service with which he bas been '6o more immediately connected, I think he would have discovered one im­ Mr. RANDALL, from the Committee on .Appropriations, submitted portmt fact, and that is that in the Forty-ninth Congress the jurisdic­ the following report: tion of the Federal courts was curtailed to a greater extent in a single IN THE HouSE OF REPRESENTATIVES, February 9, 1888. Resolved, That the Committee on Appropriations be, and Is hereby1 instructed bill th2.n in all the legislation which has been enacted in the past to inquire and report to the House what <:ontra.cts have been made tor the con­ twenty-five years on that subject. And l undertake to say now that, struction of the building for the Library of Congress and the amount expended except in so far as the Congress of the United States has created new under the same, and for what purpose, and the cause of delay in the progress of the work on the building. penalties or has enacted new provli!ions under the land laws touching The Committee on-Appropriations, to which wns referred the accompanying -the public domain, in which I am sure the Judiciary Committee have resolution, havi~ considered the same, reports it back: with the recommenda­ ~d the hearty co-operation and sympathy of the gentleman from In­ tion that the following be adopted as a. substitute therefor: "Resolved, That a. co:mmittee of five of this House be appointed by the Speaker diana, he will not find a single instance of an increase of jurisdiction to inquire and report to the House what contracts have been made for the con­ in th~ Federal courts on the part of the Forty-ninth Congress, and up struction of the building for the Library of Congress and the amounts expended to this time of the Fiftieth Congress; I mean jurisdiction over the sub­ ~der the same and for what purpose, and the cause of delay in the progress of the work on the building; and also what persons are now or have been em­ ject matter of suits or the parties to suits. I say, differing, perhaps, from ployed and paid from the appropriations made for the pnrchase of the site for the gentleman from Illdiana on that point, that all we have done is that and the construction of said Library building, and the amount or rate of com- 1888. CONGRESSIONAL RECORD-HOUSE. 1231 i

pensnlion to each of ea,id persons. And finally, said committee shall inquire House- the bill (H. R. 2595) for the1·eliefofthe widow of J ohn A. S. and report fully as to the construction of said building for the Library of Con­ Tutt, deceas~d. grec;;s, and are authorized to send for persons and papers and to employ a clerk at $6 per day, to be paid frbm the contingent fund of the House." The bill was read, as follows: l\Ir. RANDALL. l'tir. Speaker, the Committee on Appropriatio:bs Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, au­ thorized and directed to pay, out of any money in the Treasury not otherwise favor the fullest investigation as to the expenditure of the appropria­ appropriated, the sum of $386 to the widow of John A. S. Tutt, deceased, of La tion heretofore made for the erection of the Library building, and de­ Fayette County, 1\lissou:ri, in full repayment to her of taxes en:oueously assessed sire all information which can possibly bear upon the estimate which upon the salary of said John A. S. '.ru.tt, as judge of the sixth judicial circuit o.t: said State, from the year 1862 to the year 1870, inclusiv"'• which sn.id sum was has been sent in as the sum required for the coming year-$800,000. erroneo::ISly collected of him as income tax upon his salary as said State judi­ But in view of the manifold duties of the committee and their work cial officer. in other directions, they ao not believe that they can do justice either The amendment reported by the Committee on Claims was read, as to themselves or to the subject in undertaking this investigation. follows: · They have therefore submitted the substitute which proposes a special After the word "dollil.r.s," in line 6, insert "or so much thereof as shall be committee for the purpose of making this inquiry. shown to the satisfaction of the Commissioner of Internal Revenue to ha.ve been Mr. :M:c?t!ILLIN. WJ:lat objection is there to having this matter paid by John A . S. Tutt as tax upon his saJ.a.ry as a Slate officer." investigated by the Committee on the Library instead of appointing a The SPEAKER pro tempore. Is there objection to the present con­ special committee? If the Committee on the Library is not the proper sidemiion of this bill? body to investigate a question of this kind, I would like to know for Mr. McMILLIN. I ask that the gentleman in charge of the bill make what purpose that committee exists. some statement of its effect. l't1r. HOLUAN. Or the question might be referred to the Committee .M:c. WARNER. The purpose of this bill is to refund to the widow on Public Buildings and Grounds. of the late Judge Tutt, of La Fayette County, Missouri, the income tax M:r. McMILLIN. Yes, either committee would do. But the Com­ which was collected upon his salary as circuit judge in the State of Mis­ mittee on the Library ha.s been specially organized for the purpose of souri. The amendment reported with the bill has been proposed at the considering questions of this character; and if it is not to take cogni­ suggestion of the Commissioner of Internal Revenue, because the re­ zance of such an inquiry as this, I respectfully submit that the per­ ports in his office, w hlch are not complete, show the payment of only formance of a farce in connection with the existence of that committee about $200 by Judge Tutt as income tax., The bill as amended will might very properly cease. simply authorize the refund of so much of the sum of $386 as may be Mr. HOLMAN. The Committee on the Library is, however, a joint shown to the satisfaction of the Commissioner to have been paid by committee. • Judge Tutt as income tax upon hls salary. Gentlemen, of course, re­ l'tfr. RANDALL. The Library Committee, a.s the gentleman from member that the income tax as to officers of this class was declared Indiana suggests, is a joint committee, existing under the statute. illegal by the Supreme Court of the United States, so that there is no Therefore the Committee on Appropriations has agreed with unanimity question the amount paid as such tax in this case ought to be refunded that this subject might properly go to a special committee. to the widow. Mr. BLOUNT. Is it not perfectly competent for tqe Speaker to des­ Mr. BROWNE, of Iniliana. This, as I understand, is a personal ignate as a portion of this proposed special committee the members of claim for the refunding of income tax, and comes here because other­ the Committee on the Library on the part of the House? wise the statute of limitations would prevent the repayment of this l'tir. RANDALL. Undoubtedly the Speaker would have that power. money. I will inquire, why not pass a general law repealing, in this Mr. McMILLIN. But neither their knowledge, wisdom, nor means respect, the statute of limitations and allowing repayment in all cases of information would be increased by the new designation. of this kind? If the gentleman from Missouri [Mr. WARNER] assures Mr. HOLMAN. I suggest to the gentleman from Penns.yivania that me that be will assist in securing repayment on the same account for a the three members 'On the part of the House of the Joint Committee on constituent of mine I will interpose no objection. the Library, with the addition of two other members, might pror>erly Ur. WARNER. I will certainly do so. [Laughter.] be constituted as this special committee. The Committee on the Li­ There being no objection, the House proceeded to the considemtion brary have f.4eir own clerk, and would be able to transact this business of the bill. without expellEe. The amendment reported by the Committee on Claims was agreed to. :Mr. RANDALL. If the objection is to the appointment of a clerk, The bill n.s amended was ordered to be engrossed and read a third I think that can be obviated by withdrawing, with the consent of the time; and being engl'o.ssed, it was accordingly read the third time, and House, that part of the resolution. passed. Ur. HOOKER. I will inquire of the gentleman from Pennsylvania Mr. WARNER moved to reconsider the vote by which the bill was whether thls subject-matter has not in the Senate been referred to a passed; and also moved that the motion to reconsider be laid on the special committee. table. .Mr . RANDALL. I so understa.nd. The latter motion was agreed to. l't1r. Mcl'tiiLLIN. I have no objection to the proposed investiga­ CREDIT TO UNITED STATES REVENUE-CUTTER SERVICE. tion-- Mr. CLARDY, from the Committee on Commerce, reported the bill Mr. RANDALL. I think that every public interest warrants the investigation-- (H. R. 1240) t o credit the revenue service for the transportation home by United States revenue vessels of shipwrecked seamen from the Mr. l'tfcMILLIN. I have no doubt that the investigation should be made-- , Arctic regions or from the Territory of Alaska; which was referred to the Committte of the Whole House on the state ofthe Union, and the Mr. RANDALL. And the investigation would have been· under­ taken by the Committee on Appropriations or by the subcommittee accompanying report ordered to be printed. having jurisdiction of appropriations for the Library, had it not been Cb:MM.ITTEE ON EXPENDITURES OY PUBLIC BUILDISGS. felt that the regular duties of the committee would not permit them Mr. DOUGHERTY, by unanimous consent, submitted the following to do full justice to thls question. , resolution; which was referred ta the Committee on Accounts: Mr. DOUGHERTY. Should not tllli! resolution have properly gone, Resolved, That the Clerk of the House be directed to rent, during the remain­ under the rules of the House, to the Committee on Expenditures on der of this session of Congress, from Ron. B. F. Butler, a. room in the building . Public Buildings? south of the Capitol for the use of the Committ.eeon Expenditures on Public Mr. RANDALL. The House itself referred the resolution to the Buildings at a. rental not to exceed $50 per month; and that the Clerk of the House be directed to suitably furnish said room at a. cost not to exceed $100, • Committee on Appropriations-doubtless because it is the duty of that which sums are to be paid from the contingent fund of the House. committee to report to theHonse appropriations for th:is-work. There­ fore this resolution, by the assign.nl'ent of the Speaker, no doubt, or URGENT DEFICIENCY APPROPRIATIOY BILL. cerbinly with his concurrence, went to the Committee on Appropria­ Mr. BURNES. I move that the House resolve itself into the Com­ tions. But, as I have already said, the members of that committoo, mittee of the Whole on the state of the Union to resume the considera­ whlle desiring the fullest and mo~t thorough investigation, do not feel tion of a bill (H. R. 6437) to provide for certain of the most urgent de­ that th&y can 1do full justice to this inquiry in view of other work in­ ficiencies in the appropriation for the sernce of the GoveTDDlent for the cumbent upon them. fiscal year ending June 30, 1888, and for other purposes. . The question being taken on agreeing to the substitute reported by Mr. DINGLEY. A bill reported from the Committee on Banking ihe Committee on Appropriations, it was agreed to. a d Currency was assigned for consideration for this day. If the gen· T~e resolution as amended by the adoption of the substitute was tleman from :Missouri will permit me, I will call it up and move that it agreed to. be postponed. . Mr. RANDALL moved to reconsider the vote by which the resolu­ Jtir. BURNES. It is necessary this apl?ropriation bill should pass at tion wu.s agreed to; and also moved that the motion to reconsider be once, and I must insist upon my motion. I move that all general de· laid on the table. bate. in committee be limited to thirty minutes. The latter motion was agreed to. The motion was agreed to. The question recurred on the motion to go into committee; and it WIDOW OF JOHN A. S. TUTT. was agreed to. Mr. WARNER. I ask unanimous consent for the present consider­ The House accordingly resolved itself into the Committee of the ation of a bill now on the Calendar of the Committee of the Whole Whole on the state of the Union, Mr. BLOUNT in the chair. 1232 CONGRESSIONAL REOORD-HOUSE. FEBRUARY 15,

The CHAIRMAN. By order of the Hom;e all general debate on the day a statement from the clerk of the Fede~al court for the western dis­ pending deficiency bill is limited to thirty minutes. trict of ArkanSas, and from thence he drew the conclusion that in con­ Mr. BURNES. I will yield as much of the thirty ininutes to my sequence of the expanse of business throughout the country, of the colleague on the committee from the State of Texas [Mr. SAYERS] as growth of population, of the extension of settlements to all the western he may see :fit to occupy. Territories, and of the enactment of new legislation by the Forty-ninth Mr. SAYERS. Mr. Chairman, I listened with much pleasure on yes­ Congress, the expense of the judicial system of the country had been terday to the remarks of my friend from Arkansas [Mr. RoGERS], and necessarily swollen to an amount much larger than during preceding expected to have the greater pleasure of reading them in the RECORD of years. , this morning, but I :find that they have not been printed, and therefore, Now, I have not heard, and I call upon the gentleman to give to-day, in what I have to say in reply, I will have to rely upon my memory, ex­ or at some other time, a good reason why such expenses of the court at pecting -that he will correct me if I should misquote him. Fort Smith, Ark., should reach from five hundred to six hundred dol- I understood the gentleman from Arkansas [Mr. ROGERS] to say that lars per day during the entire year. ' he had no complaint to nrge against the bill under consideration; that Mr. ROGERS. The time of the gentleman from Texas is very lim­ he approved it, and that it met his hearty indorsement. ited, I know, but it will afford me sincere pleasure to show him now Mr. ROGERS. My friend statesitstronger than I did. !did state the reason, if he will afford me the opportunity. that I did not intend to criticise the bill-that I had barely read it, but Mr. SAYERS. I have but a few minutes. The gentleman had an not critically. I may have amendments to offer to it, but do not know hour and twenty minutes yesterday. how that will be until we get to it. Mr. ROGERS. I am only responding to the gentleman's invitation. Mr. SAYERS. I also understood thegentlemanfromArkansas to ~ay Mr. SAYERS. But not in my time. The gentleman took, as a that there were unpaid expenses under the control of the United States predicate for his address to the House on yesterday and for his lecture marshal of the Federal cour\ located at Fort Smith, Ark.-a large to the Committee on Appropriations, the recommendations which ap­ amount-as deficiencies for the :fiscal year ending June 30, 1887. pear in the report of the committee. Mr.. ROGERS. My friend from Texas is _singularly unfortunate. The House of Representatives, and especially the Appropriation Com­ No such idea ever entered my head, and it will not be found in my re- mittee, are accustomed to receiving lectures from the gentleman fl'Om m~. . Arkansas. The distinguished gentleman from Indiana was treated to Mr. SAYERS. But did not the gentleman say there were unpaid a lecture by him this morning. We all are accustomed to it; but when deficiencies for the fiscal year ending J nne 30, 1887? the gentleman proposes to lecture individuals, or committees, or the Mr. ROGERS. I made no such statement of that character, and you Congress he should be sure that he is in a position not to be criticised will not :find a single, solitary statement of that kind in my remarks. himself; and I now ask the question, which I hope will ring throughout I stated this, if the gentleman will permit me to proceed, that by reason the country, why is it that the court at the home of the gentleman from of the failure of the deficiency bill for a former year the business of that Arkansas, which he is defending here so vigorously, has received so year was crowded into the present fiscal year and absorbed a portion of large a percentage of the appropriations for the years 1885, 1886, and the appropriation for thepresentfiscalyear. Let me remark byway of 1887? . . explanation, in view of the fact that the gentleman is cognizant and Mr. ROGERS. · Will the gentleman allow a brief answer to his in~ knows that I am aware of the fact that the other deficiency bill, which quiry? went through; did cover those things, I do not see how he could have Mr. SAYERS. !will yield to the gentleman with pleasure, but the fallen into that error. answer must be brief, as I have but a few minutes left. Mr. SAYERS. The other deficiency bill, passed during the present Mr. ROGERS. I will be very brief. In the :first place, I was not session, it is true, covers thl:!t appropriation; but inasmuch as the gen­ undertaking to defend the court at Fort Smith, Ark., but was using tleman, as I understood him, was referring to the expenses of the courts the condition of things there merely as an illustration of the effect of a for the year ending June 30, 1887, I took it, as a matter of course, that failure on the part of Congress to make the necessary appropriations or the appropriation made in the deficiency bill which failed in the last to make adequate appropriations to run the Government. session of the Forty-ninth Congress, but which has recently passed: But I read now, to assist the gentleman from Texas along in his ar­ covered the deficiency of that year. gument, what the Attop1ey-General says in regard to the court at Fort But be that as it may, Mr. Chairman, I desire to have read to the Smith: committee, for its information, the total appropriations made by Con­ The large expenditure for the support of courts in Fort Smith, arising from gress for this service during the years 1885, 1886, and 1887. its jurisdiction over offenses committed in the Indian Territory, has caused the Department to send examiners to that point for the investigation of the con­ The Clerk read as follows: duct of its officers and the management of the court. They have staid there 1885-Marshals ...... ~27.155 on two separate occasions two or three montllil, and have made careful reports Jurors ...... 450,000 to the Department. As far as it has been ascertained there does not appear to Witnesses ...... 621,408 be ground for charging the court or its officers with neglect of duty or a desire Prisoners ...... ~ ...... 300,000 to make fees for themselves. The great expense grows out of the condition of the law respecting the jurisdiction of offenses in the Indian Territory wherein 2,098,563 a white man is implicated. This expense has grown and grown yearly, and may be expected to grow under the present legislation. 1886-Marshals ...... 705,000 Very respectfully, A. H. GARLAND, .Attorney-Gene1·a1. Jurors ...... 540,000 And addressed to me, bearing date January 5, 1888. Witnesses ...... 787,150 And the document which I read in regard to the condition of that Prisoners ...... 250,000 docket when the court adjourned, about the 20th of December last, 2,282,150 shows there were forty-four murder cases on the docket at that time. Mr. SAYERS. That is all in the gentleman's speech of yesterday. 1887-Marshals ...... : ...... 675,000 Jurors ...... 500,000 Mr. ROGERS. I am answering the question which the gentleman Witnesses ...... 550,000 addressed to me. Just one word more. I have one more suggestion Prisoners...... 240,000 to make. No fault has been found with the administration of that - 1,965,000 court, and if it has jurisdiction which it should not exercise it is not Mr. SAYERS. In order to show to the committee what proportion the fault of the court, but the fault of the Congress of the United of these amounts was expended in the court for the western district States. ' • of Arkansas, there being but one court, and that located at Fort Smith, :Ur. SAYERS. Now, I should not have alluded to the court at Fort I send to the desk a communication and ask that it be read. Smith, Ark., but for the reason that the gentleman from .Arkansas The Clerk read as follows: brought into the House statemen_tt; from the clerk of that court. He TREASURY DEPARTMENT, invited the issue. He laid the p:Udicate; and he ought to have come Washingto-n, D. 0., FehT'ti.-(J,ry 15, 1888. prepared with facts to sustain the predicate and to' rebut any contra- Hon. J.D. SAYERS: dictory evidence. . - · The expenses of the United States courts in the western district of Arkan­ sas, as paid through the marshal, during the years 1885, 1886, and 1887, n.re as fol­ I respectfully submit to this committee-there are no politics in this lows-.: question-that the Committee on Appropriations were right in calling 1885 ...... $146,564. 69 the attention of Congress and of the country to this method of dis­ 1886...... 200,746.91 tributing the appropriations. Here are large sums placed in the hands 1887...... , ...... 133,602. 30 of the Government for disbursement. It is presumed that the dis­ M. J. DURHAM, OomptroUer. bursements will be made fairly and equitably throughout the country. I Mr. SAYERS. It will be seen, Mr. Chairman, from the figures sub­ But, on the contrary, we find staring us in the fa-ce the unpleasant fact mitted, and which are official, that for the year 18135, of the total ap­ that 9 per cent. of the appropriations of 1886 went to Fort Smith, propriations of this character, al)out 7 per cent. was paid to the United Ark., alone, and that 7 per cent. of them for this year went into the States marshal at Fort Smith, Ark.; for the year 1886, about 9 per same court. It is not surprising that everywhere the marshals and the cent., and for the year 1887, about 7 per cent. It should be borne in jurors and the bailiffs are complaining. I have received letter upon mind that these appropriations were intenJled to maintain all of the letter from marshals iii Texas, urging me to assist in procuring appro- courts of the United States. · priations and having them placed on the urgent deficiency bil~. . The gentleman from Arkansas, in order to sustain his atta-ck upon the Mr. DOUGHERTY. Will the gentleman from Texas allow me to Committee on Appropriations, submitted to this committee on yester- interrupt him for a moment? 1888. CONGRESSIONAL RECORD-HOUSE. 1233

:Mr. SAYERS. Yes, sir. ficient estimates for these ~xpenses have annually occurred. But first. Mr. DOUGHERTY. I wish to state as afact in the line of the argu­ as to the general subject of appropriations. It js to be borne jn mind ment which the gentleman from Texas is pursuing, that at the last that the Committee on Appropriations is divested, under the rules of term of the United States district and circuit courts in the district of the House, of changing exjgting law, of reporting appropriations that Jacksonville, Fla., the jurors and witnesses had to be discharged and make such changes, or generally of reporting legislation in an appropria­ the court adjourned because there was no appropriation to carry on the tion bil1, however necessary and proper it may be. court. Therefore, being without any power, as before stated, and required 1\!r. SAYERS. · If we had had the time after the 1·emarks delivered to report appropriations simply, they can only further benefit Congress by the gentleman from Arkansas yesterday evening, we would have and the country by calling attention in their report to abuses they are brought before this committee an itemized statement showing how powerless to correct and evils which other committ~es may never other.: these large sums of money, placed under the control of the Govern­ wise have c..'tlled to their attention. ment, had been distributed among the different courts of this Union. The gentleman from Arkansas [Mr. ROGERS] attacks us with regard I could only procure data amply sufficient to demonstrate, beyond to our methods of appropriation and for 1.he necessity of certain defi­ contradiction, that Fort Smith, Ark., had received more than its just ciencies therein. We answer, "The trouble comes from deficient esti­ share. It is no wonder the gentleman from Arkansas is so anxious to mates," and this fact I shall soon proceed to abundantly show. defend these courts. It is to his intereEt to do so. They are at his But first a.s to time and manner of appropriations. They are made home. annually, to commence with the beginning of the fiscal year succeeding I do not believe, Mr. Chairman, that insufficient appropriations should that in which they are made. be made. Every department of this Government should be supplied When those appropriations are being made for the year to come there - by Congress with funds enough to operate it efficiently. But there should be before the Committee on Appropriations accurate and reFa­ should be an impartial, economical administration in every branch. ble estimates for them by the various Executive Departments. .An in­ The gentleman seemed anxious to attack the Appropriations Commit­ accurate, an unreliable, or a deficient estimate is absolutely abhorrent tee, and to make it appear to the country that that committee was un­ to good government; a deficient appropriation may be in the line of willing to give needful appropriations with which to properly discharge true economy, and certainly tends to lessen expenditures, and in no the public duties. event can do anv harm. I submit to this committee that the proposition enunciated in the Estimates shoUld be made in the light of the expenditures af the pre­ report of the Committee on Approprjations is a true one. ceding. year, which are, or ought to be, within the knowledge of the It declares that-- person making them. They should be made in the light of experience The system of allotment of appropriations by the Department is inherently and observation, which should be sufficient to teach their makers the bad, o.s, necessarily, no wisdom or judgment can prevent the giving of too much amounts that will be necessary under each head for expenses of the money to some courts and too little to others, thereby tempting the former to extravagance and compelling the latter in many instances to suspend proceed­ coming year. · ings. With accurate and reliable estimates before them the Committee on Is this an attack upon the Attorney-General? Is there any intima­ Appropriations can com~ider with practical discrimination and judg­ tion in this report from the beginning to the end that the Attorney­ ment whether or not it is well to encourage econQmy by limi~g the General of the United States has been guilty of any impropriety? No, appropriations in the first instance to any less amount than that which sir; but it denounces the system as bad. It has been bad for years, and is estimated. The committee can safely do this, for a deficiency in ap­ it is the duty of Congress to correct this system and remedy the evil, if propriation can be provided for after the lapse of half the year, and it be possible to do so. when both the Department and committee have the ascertained fact Who could have more appropriately brought this matter to the atten­ of expenditure for six months, and can more closely judge by com pari-· tion of Congress than they who have recommended appropriations and son the requirements for the half year. have become cognizant of the manner in which the public moneys are The SPEAKER pro tempore. The thirty minutes allowed for general distributed throughout the country? debate have expired. The Clerk will now report the bill by sections. Mr. Chairman, the course of the gentleman from .Arkansas reminds Mr. BURNES. I ask five minutes more. me of an anecdote which I beard around the House during the Forty­ Mr. LONG. Mr. Chairman, I ask unanimous consent that the gen­ ninth Congress. It seems that a member on this floor was having a tleman from Missouri be allowed five minutes. great deal of opposition at home, and that a very active and intelligent The CHAIRMAN. Is there objection to the request of the gentle­ oppo:qent who believed in the State-rights doctrine, an~ especially in man from·Massachp.setts [Mr. LONG]? confining the operations of the Federa:l courts within their legitimate Mr. ROGERS. Yes; unless we can have an opportunity to reply. and constitutional jurisdiction, was canvassing for the nomination and Mr. BURNES. I simply desire to say, Mr. Chairman, that out of very bitterly assailed the then Representative because of hjg well­ my hour I gave the gentleman from Arkansas twenty minutes yesterday. known friendliness to the Federal court system. On one occasion JI.Ir. ROGERS. Mr. Chairman, I withdraw the objection. he made a very strong speech and before a very large auilience. It Mr. BURNES. I now call for the reading of the bill by sections. was at the Representative's own home and the excitement was high. The Cl~rk, reading the bill by sections, read as follows: This candidate portrayed, in eloquent terms, the abuses that were For Treasury building, Washington, D. C.: For completion of silver vault, growing out of this unnecessary, unlawful, and unconstitutional in­ Sl,OOO. · crease of the powers of the Federal judiciary. After he had gotten For new freight elevator, $2,000. through, one old gentleman arose and said, ''I'm not goin' to vote for Mr. CANNON. Mr. Chairman, I move to strike out the last word, you." "Why not, my friend?" inquired the orator; "are you not a and I yield my time to the gentleman from Missouri. - Democrat?" "Yes," said the old man, "I am a Democrat, and a good Mr. BURNES. Mr. Chairman, I wa.s proceeding a few moments ago one." ''Then why won't you support me in the nominating conven­ to call the attention of the House to the method of appropriating upon tion?" "Well," said the old gentleman, "because one Federal court the annual estimates. Thls House meets upon the first Monday in De­ is equal to a second corn crop in this district." [Laughter.] . Now, cember and proceeds to make appropriations after we have had the ex­ Mr. Chairman, I am willing that the gentleman from Arkansas [Mr. perience not only of the expenditures of preceding years and of the ROGERS] shall have a second corn crop, but I am not willing that he judgment of the estimating officers, but also the experience of six months . shall have a third and fourth corn crop unless like ad vantages shall be of the year for which the appropriation was made. Now, you will ob­ distributed throughout the country generally. [Renewed laughter.] serve that the fiscal year beginning on the 1st of July and Congress The sole object of the recommendations in the report of the committee meeting on the first Monday in December, if there should have been was to induce Congress, if possible, to correct the system out of which made a deficient appropriation there is half the year left in which to the evils complained of have almost necessarily grown. No reflection remedy it by making an additional appropriation. Hence I say that upon any official was intended. deficient estimates are always to be abhorred, while deficient appropri­ Mr. BURNES. Mr. Chairman, I deem it my duty to call attention ations, which may be subsequently remedied, if experience shows a rem­ somewhat to the method and manner ofmakingappropriations for the edy to be necessary, are to be encouraged, and are in the line of true support of the Government. The Committee on Appropriations is pe­ economy, tending to diminish the expenditures of the Government. riodically subjected to lectures and patronizing attacks, which. I think But, Mr. Chairman, I wish especially to call the attention of this could be most appropriately omitted; but they seem to be always in Committee ofthe Whole to theissuewhich hasbeenmade. !tis alit­ order, and it appears that when a gentleman can not possibly object to tie singular that, standing here with my colleague from Texas [Mr. any provisions in a proposed bill, can not object to a single item of ap­ SAYERS], representing the Committee on Appropriations, we are to propriations therein suggested, as has been the case with the bill under meet criticism and objections in the house of our friends with regard to consideration, he will, finding nothing better to talk about, undertake items of estimate and appropriation concerning which the Committee to discuss even the simple language ofrecommendation contained in the on Appropriations is absolutely and unconditionally without fault. 1·eport which the Committee on Appropriations has seen proper to make. Sir, you will find that under the head of judicial expenses for the cur­ The opposition to the report on this bill stands at this moment upon rent year the Department estimated$3,155,000. You will further find objections to certain propositions. • The :first is, that the ever-recurring that the appropriations made or to be made in this bill will give that deficiencies, both in annual estimates and consequently annual appro­ Department $3,374,400, making an excess of expenditure over the esti­ priations for the "expenses of United States courts," are entitled to the mates, not over previous appropriations alone, of$219,400. grave and thoughiiul consideration of Congress. I will show that de- Let us consider the estimates and appropriations with regard to pay XIX-78 1234 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15,

of jurors. In 1885 the estimate for this item was $500,000. It will be having in charge this bill can hardly afford to be unfair. He ought observed that these estimates were made under a Republican adminis­ not, injustice to the truth of the law, as well as to the facts, to undertake tration; and for one, I can say that from the time I b~uan service on now directly what, by virtue of this reporl;, he did indirectly, attack the this committee under a Republican administration, I have never stopped Department of l ustice. I demonstrated yesterday, if I am able to dem­ to consider whether the Departments were governed by Democrats or onstrat.e anything, that the Department of Justice does not disburse RepublicaJ!S. In 1885 the estimate for expenses of jurors was $500,000; these mQneys. the appropriations were $450,000, $50,000 less than the amount esti­ I wish to call attention to the single fact in this report of the gen­ mated. This, we may say, was for the first half year of the Demo­ tleman from Missouri in regard to the court expenses. In 1887 the es­ cratic administration and the last half of the Republican administration; timates were $550,000; the appropriation was 500,000. and p~ps both pru:ties were endeavoring to curtail expenses. In Mr. BURNES. .Allow me a minute. I say that it is no part of my 1886 the estimates for pay of jurors were $500,000, the expenses purpose, desire, or intention, either in this report or on this floor, to $540,000, making in that year the excess of expenditures over esti­ criticise theadministrationoftheDepartm.entof Justice. I call atten­ mates $40,000. In 1887 the estimates were $450,000; the appropria­ tion to the facts, but not for the purpose of criticism. tions and expenditures were $500,000, an excess of $50,000 over the Mr. ROGERS. I do not know any other mode of criticising any­ estimates. In 1888 the estimates were $500,000, the appropriations body justly except by stating the facts. I for one insist that the force and expenditures $650,000, an excess of $150,000 in the expenditures of the gentleman's remarks is to reflect upon the Department of Jus­ over the estimates. tice. I will not undertake to inquire into his motives at all; but if he [Here the hammer fell.] proposes to hold the Dep:utment of Justice responsible, candor ought Mr. BURNES. Now, Mr. Chairman, I ta.kethefloo.rin my own right. to compel him to show the Department of Justice has the disbursement While upon t.his subject, let me call attention to a further fact. The and control of these moneys, and has been derelict in its duties. geritlemanfrom .A.rkansasyesterday ga.veasareason why these expenses The gentlemaufrom Pennsylnmia says the "control of the estimates." should increase, that population and business are increasing, and that, I return to that subject. The estimates in 1886, for witness fees, were naturally enough, expenditures should increase. I find, sir, that in the $610,000, and the appropriation $500,000. The deficit was S237,150. estimates for 1889, the year to come, commencing next July, this same So that notice was sexvedat that time on the Committee on Appropria­ Department which found a deficiency of $40,000 in~ 1886 and of $50,000 tions that for witness fees it took :3737,150 to transact the business of in 1887, comes to us with an estimate of $50,000 less than the estimate that Department. In the succeeding year, under the administration of for 1888. Does this indicate that that Department is aware of the the same officer, the same estimates were made and like appropriation, growth of the country and the increase of business? and the expenditures fell short :S37,000ofthe previous yea.r, or, in other But let us come to the pay of witnesses. In 1885 the esti.rn.Rtes for words, was $200,000 instead of $237,000. this item were $610,000; the appropriations and expenditures were In that year the deficiency bill failed, and that deficiency bill is to $621,408.7 4, the excess of expenditures over estimates being only $11,- this blessed hour entailing its evi..leffects. It is not my purpose todis­ 408.74, which was very close:work for the year 1885, and very credit­ cuss whether or not that deficiency bill failed by reason of the miscon­ able work both on the part of the Department and of Congress so far duct of this House or the other House. I submit that proposition to as estimates on appropriations were concerned. But in 1886 the esti­ the gentleman who is chairmun of the committee in this end of the mate for pay of witnesses was $610,000 and the expenditures were $778,- Capitol and the gentleman who is the chairman of that committee in 150, making an excess of expenditures over estimates, mark you, of the other end of the Capitol. $177,150 for a. single year. Mr. RANDALL. I will answer that the Senate is to blame. [Laugh­ In 1887, in the light of this deficiency of $177,150, the estimates were ter.l $550,00Q-$60,000 less than the estimates forthepreceding yea.r. Ev­ ~ir. ROGERS. .And the gentleman at the other end of the Capitol idently this Department had not then learned that there was any in­ will say that the House is to blame. I am not going to undertake to crease in ~he business ofthe country or of the courts, because in the light settle between them, but will proceed to speak in reference to the mat­ of an expenditure of $787,160 for the year 1886 the estimates for this ter now before us. service was reduced, not by the .A.ppropr.iations Committee but by this [Here the hammer fell. J Department, to $550,000. .And what was the result? The appropria­ lli. McCREARY. I will take the floor and yield my five minutes tions and expenditures for 1887 were $750,000-$200,000 in excess of to the gentleman from Arkansas. the estimates of this Department. Yet the bnsiness of the country Mr. ROGERS. Now, Mr. Chairman, in 1888, there c::t.me over, by and of the courts, it is said, is annually swelling ! reason of this deficiency as estimated, not by the clerk of the court More than that; we come now to 1888, and we find the Department alone, but by-the Department of Justice, as stated in the docrunent had not yet awakened to the fact that the country was growing and procured f.ron;t the Department of Justice and rea.d yesterday, business the business of the courts increasing, for this same estimate of $550,000 sufficient to require the ~m of $60,000, and I believe a much larger iB gravely submitted to Congress as the amount which will be required sum, that had to be paid out of the appropriation for this year; so that for this serrice. What are the facts? Congress appropriated $550,000, the $550,000 appropriated in conformity to the estimates for the year as asked in the estimates, supplemented in tliis bill by an appropria­ 1888 was reduced $60,000~ by having to provide for business of a tion of $300,000 more; so that for the current year the exellSS of ex­ former fiscal year. The result was a deficiency, and the courts were penditures and appropriations over estimates will be, in round mun­ suspended again in December for want of funds. bers, $300,000. We can thus appreciate the wonderful light eman­ In that connection, as constituting absolute demonstration of the fact ating from the gentleman from Arkansas, bu:t which has not pervaded I am trying to show, I wish to send to the Clerk'_s desk to be read a the Department he has undertaken to defend while he is attacking the letter from the Comptroller of the Treasury. It will show on the part Committee on Appropriations. of the several funds to the credit of the United States courts there was [Here the hammer fell.] ample money for jury purpo es, ample fcmds for all purposes except Mr. HENDERSON, of Iowa. I move to amend by striking out the for witnesses, showing that the appropriation had been absorbed by the last two words-- business forced upon it because of the suspension of the court in the ?tfr. ROGERS. Mr. Chairman-- preceding year. lli. HENDERSON, of Iowa. .And I yield my time to the gentleman The Clerk read as follows: from Missouri [Mr. BURNES]. , TREA.Sun.Y DEPARTMENT, FIRST Co:ui'TROLLEB.'s OFFICE, Mr. ROGERS. Mr. Chairman, if the five-minute rule is to be ad­ Washington, D. 0., December 13, 1887. / ministered in this manner we had better proceed in the ordinary way, Sm: As requested by you this morning when you were at the office, I trans­ so ihat there may be fair time for response. mit herewith a statement of the balances now stru:Jding upon the books of the T reasury Department t-o the credit of the following appropriations for the pres- !Ir. HENDERSON, of Iowa. If I am recognized, I yield my time ent fiscal year, to wit: · to the gentleman from Missouri. P ayment of fees and expenses of United States marshals and depu- The CH.A.IRM.A.N. The Chair thinks that the arrangement now pro­ ties ...... , ...... ~.roi.OO posed would not be in accordance with the practice of the House. Ml'. LONG. Mr. Chairman, I ask unanimous consent that the gen­ ~= ~~ ~;::;~~· :::::::::::::: : :::::::::::~: ::: :~::~::::::::::::::::::::::::::::::::::::::::::: 83, ~: ~ tleman from ~fissouri, being in charge of this bill from the Committee As you will see, the appropriation for fees of witnesses is virtually exhausted, Very respectfully, on Appropriations, may have ten minutes. M. J. DURHAM, Comptroller. Mr. ROGERS. I think the gentleman from Massachusetts [Mr. Hon. JoHN H. RoGEBS, M. C., Lmm] ought to broaden his motion-- House of Representatives. Mr. LONG. I have no objection to allowing the gentleman from Mr. ROGERS. So that this letter demonstrates two facts: One is, Arkansas an opportunity to reply. Shall we renew the general debate? as I have already sta.tea, that weare carrying in this year's appropriation 1\Ir. BURNES. Not at all. :Mr. Chairman-- the business of a former fisc..'ll year; and second, if there had not been Mr. ROGERS. I make a point of order before the gentleman goes a f:1il ure of the deficiency bill last Congress the courts would not have on. I want this matter settled at this stage of the proceeding. suspended on the 20th of December last , and there would ha.ve been at The CH.A.IRl'llAN. The Chair holds that the gentleman from Mis­ least $GO, OOO of thi fund, as shown by the Co'!Pptroller's letter, to the souri can not proceed further at present. The gentleman from Ar­ credit of the witness fund when tlie courts suspended, to ha-.e carried kansas [Ur. RoGERS] is recognized. . them on until Congress could baYe met and made provision in the usual Mr. ROGERS. The chaiJman of the Committee on Appropriations course for the balance of the fiscal year. • r.-~----~------~~------~------~--~------~------~------

1888.- CONGRESSIONAL RECORD-HOUSE. 1235

Now, having s..'tid that mnch, I yield thefloorto the gentleman from I\fr. BURNES. I answer emphatically, if my friend from A.rkansas Missouri, in order that he may answer, if he can. will allow me, that tbn.t is the rule not only of this administmtion Mr. BURNES. :Mr. Chairman, I ask where the Clerk h:lS left off but of all other ~dministrntions. It is the rule of human nature. the reading of the bill? ''First come, first served.'' The CHAIRMAN. The Clerk concluded the reaillng of the second Mr. UOGEI~S . It wa:: not the qne.stiou of "first come, first served," line on page 2. butitwasthequestionof those ''nearestthe ·hrone." Whatismeant :Mr. BUllNES. I ask for the reading of the next section. by the gentleman from l.Iissouri by that expression'!" Is it .not meant The Clerk read as follows: that those officers of the court who reside in the State from which the For repah·a to Treasury building, $!,000. distinguished Attorne1.-Geneml comes are the largest beneficiaries in 1\Ir. BURNES. Mr. Chairman, I shall not detain the committee this matter, and that 1t is because they do reside in that State? I sub­ much longer; but Ifeelit incumbent upon me somewhat to defend this mit that is beneath the djgnity of honorable discussion on the floo• report. Let me suggest in that cqnnection another thing to the gentleman The ever-recurring deficiencies both in annual estim.ates and appropriations from 1\lissomi and the country-whether he proposes to stand up here for the "expenses of United States courts" are entitled to the grave and and defend the stoppage of courts in this country with forty-four men thoughtful consi4eration of Congress. ~jail awaiti~g trial on the charge of murder in_one court, and impute What is it that the committee recommend as entitled to the thought­ 1m proper motives to the Attorney-General or the Rep.resentati ve of that ful U!ld grave consideration of Congress? district because they advocate that sums sufficiently large shall be Is it any error upon the part of the Depa.rtment? Is it any attack granted so that the people in that district shall have the constitutiorral upon the Administration? No, sir; it is simply calling the attention right of a fair, speedy, and impartia.I trial under the law. of this House and this committee to the expenses of the United States That is what I undertake to def~nd . I do not stand np for one court. cotwts, of one of which at least the gentleman from Arkansas is a rep­ I stand for the integrity of the whole system from ocean to ocean, and resentative. It is to the expenses of the United States courts that we from the lakes to the sea. I stand agallist this system of doling out in call the attention of the House, and we show that these expenses are insufficient sums money to run the court.<:;, a system which results in gradually increasing year by year, until after a while the estimates will the stoppage of. the courts, in the increase of the expense and in the be the smallest part of the account in the transaction. That is to say, harshest, most tyrannical, and most unconstitutional oppression of the the deficiencies in estimat-es will be greater than the estimates them- poor unfortunates who are incarcerated in the prisons throughout the selves. · land. If I am to be 13tigmatized for that, I am ready to accept the stigma I think I have shown you that already with regard to the witnesses, at the hands of the gentleman from Missomi, or any one else. although Congress gave every dollar asked for under this head for the I am for the supremacy ofthe law, in the administmtionofthisGov­ year 1887, there was a deficiency of$200,000; and in the current year, erument on high and correct principle~, and for such appropriations as alth~ugh we gaT"e everydollar asked for, there is a deficiency of $300;- will enable it to be admin.i.Stered on such principles. And I stand for 000. So you see the deficiencies are growing upon the estimates to one other thing. That is that the Fiftieth Congress of the United States such an extent that it has even now rea-ched the proportion of three to shall lift itself out of the rut of vicious precedents and march forward :five; and it seems to me, in the liglit of this state of things, that it will abreast of the times. be but a question of time, and a short time at that, when ths..estimates [Here the hammer fell.] will become a by-word and be entirely disregarded, both in this' House Ur. SA. YERS obtained the floor and yielded his time to Mr. BURNES. and elsewhere. 1\Ir. BURNES. I shall not stand here and bandy words with the I quarrel with no one. I am quarreling only with the estimates, and gentleman from.A.rkansas, who I suppose, undertberulesofthe House, I state but the facts. If the fa-cts which I allege are criticisms upon has a right to express himself as he pleases. That is hi..:; business. I any individual, whether upon this side of the House or that side, or ha\-e probably the same right. But I propose not to consider with him whether upon my own party or the p~ty upon the other side of the in this place what is an honorable or a dishonorable line of debate. House, o much the worse for eith{";r party which is responsible for it. This is neither the time nor the occasion for such a consideration. The facts most be stated, and especially so nuder the great provocation Now, sir, I am not quarreling with the administration of the De­ which the Committee on Appropriations have had with regard to this :partment of Justice, nor with the Attorney-General. My quarrel, if I • report in connection with this bill. I may use the word, is with the e_stima.tes for judicial expenses, and But, sir, it is said that the Department of Justice has nothing to do for pay of jurors, witnesses, etc., in United States courts, made, I sup­ with the allotment of the money to the marshals. Granted. That is pose, in the Dep:utment of Justice, which, as I have shown, have been a. matter of no consideration. The Department of the Treasury or the persistently inadequate to cover the expenilltures. It is no fault of subordinates of the Department of the Treasury send all estimates to Congress or of the Committee on Appropriations that cou.rts have sus­ this COngress, and it is against these estimates that I am complaining. pended, that witnesses and jurors have not been paid, but solely the It is against them, and not against the gentlemen whohavenotperhaps natural result of deficient estimates, over which the Department of the time. to look into the d~tails of the business of the public. Be that Justice has control. For the time has fnlly come when this much-mis­ as it may, this system is inherently bad, bad beyond all question. represented committee is compelled to give notice that every dollar We appropriated $500,000 to pay witnesses in the U cited States courts that has been estimated for has been appropriated, and vastly more for a year. Somebody will administer upon that sum and illvide it out each year, as I have shown; and I submit as part of my remarks the into say sixty-fiv~ parts, not equal parts, as we have seen, bnt whoever report of the committee which has been the innocent object of assault, has been fleetest of foot, whoever has been smartest in gaining access to, as follows: or who bas come closest to the throne, has been able to get a-very lru·ge EXPESSES UNITED STATES COURTS. proportion, sometimes, of this aggregate sum. So that while in some There are recommended in the bill, appropriations, on estimat-es submitted by cases, as stated in this letter, where one marshal has more money than the Department of Justice, for balance of the current fiscal year, as follows: he needs, the marshal of my friend from Florida, as he has stated to 8 the committee, has far less than he needs for the t.ransaction of the public !~~ ~~; ~f~7=~~~:~~:::::::::::::::::::::::::::.::::::::::::::::::::::::: : ::::::::::-:: :::: : ::::: ~:5 business. For this fault who is to blame? It is the fault of Congress, The estimates, appropriations, and deficiencies for jurors and witnesses for the fault of the law, the fault oflegislation. the fiscal years 1886 to 1888, and the estimates submitted for 1889, are as follows : Mr. ROGERS. Mr. Chairman, the gentleman from ~Missouri falls from his high estate when he drops down into a personal attack upon For jurors. For witnesses. me by charging that I represent any court. I submit, sir, that that is beneath the dignity of his high position and wholly unworthy of a Years. gentleman who has won a place upon the Appropriations Committee of Appropri-ations. Estimn. tes. k'e-.--. 1i mency. . Appropri-ations. Est"rmates. Defimen . cy. the House of Representatives. Mr. BURNES. I ask the gentleman from .Arkansas to allow me a moment. 1885~ ...•..... $!00,000 $>00,000 $50,000 $""<>00,000 *610,000 $121,408. 74 Mr. ROGERS. Certainly. 1886 ...... 450,000 500,000 90,000 550,000 610,000 237,150. 00 1887 ··· ····-··· 450,000 450,000 50,000 550,000 550,000 200,000.00 Mr. BURNES. It bas never been my purpose since I have stood 1883 ...... •...• 450,000 500,000 150,000 550,000 550,000 300,000.00 upon this floor to criticise any gentleman offensively or harshly. In 1889 .•.••••.••• ...... 450,000 ...... 550,000 ·-·· ··· ··-4· ··.. ····• alluding to the gentleman as representing this cou.rt, in the nse of lan­ guage, I meant that there was a court in the district that the gentle­ The ever-recurring deficiencies both in annual estimates and appropriations man was so ably representing here. I did not propose to state that he for the" expenses of United States courts" are entitled to thegraveand thought­ ful consideration of Congress. The real cause of them may be fourid- was a part of the court, that he personally represented the court, or L In the system of allotment of appropriations by the Department, which is · had anything to do with the details of the business of the court but inherently bad; as, necessarily,no wisdom or judgment can prevent the giving only that it was within his district, ' of too much money to some courts and too little to others, thereby t-empting the former to extravagance a.nd compelling the latt-er in many instances tosnspend Mr. ROGERS. While the gentleman from :Missouri is explaininO' proceeding!!. be ought also to explain, in view of his recent disclaimer of his atta;k 2. In the power of appointment of clerks and certain other officers and em­ upon the Department of Justice, what he means when he says those ployes of United States courts by the district judge, who too frequently gathers around him in official positions or employment those who by blood or marriage marshalswhoare ''swiftestof foot'' and ''nearestthe thione '' manaO'e constitute his personal family. to get the larger proportion of the appropriations. "' 3. In the want of a. different system of disbursing the money appropriated for

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1236 CONGRESSIONAL RECORD-HOUSE. FEBRUARY \ 15,

these expenses, the present system of payment through the marshals being un­ one time, and y~t you are attacking the court because it does not dis­ satisfactor·y and demoralizing. pose of more business.on less money ! At the place where a Unit~d States court is held a disbursing officer might well be Rppointed under existing law, who, being wholly disinterested, and uu­ Mr. BURNES. No. I am not attacking the court. I know the der the law and strict regulations of the Treasury Department, could make the judge at Fort Smith. He was one of my respected Republican prede­ court disbursements without loss, delay, or irregularity, and a tall times be ready to report the balance on han{!. The cost of disbursement would not be thereby cessors in this HalL I know the judge well and believe him to be hon­ increased, and the great reform would be that the self-created creditor of the est, and I indorse him as a man and as a judge. I am not complain­ United States would not be the cust<>dian of the money out of which he is to be- ing of the judge or of any person; I am complaining ofthis unlortu­ come paymaster to himself and associates. . lt will be observed that in 1885 the expenditure for jurors was $450,000, which nate system called our judicial system, which is to-day perpetrating amount was $50,000 less than the estimates for that year. In 1886 the expendi­ more wrongs upon the people than any other system existing in this turese.iceeded the estimates·to the amount of$40,000; in 1887 the expenditures land. · e~eded the estimates to the amount of $50,000; and in 1888, if the appropria­ tion in this bill is made, the expenditures will exceed the estimates $100,000. [Here the hammer fell.] Thus year by year there is a steady increase of ~xpenditures over estimates, so Mr. RANDALL. Mr. Chairman, I move to strike out the last word. that some remedy must be interposed if a due regard for the public money is t-o I"shall not stop to say anything in defense of the Committee on Appro­ be observed. In 1885 the expenditures for witnesses were $11,4.08.'14in excess of the estimates; priations. Long service here makes me quite aware that this criticism in 1886 the expenditures were in excess of the estimates to the amount of $177,- is one of the emoluments of a position on that committee, and I have 150; in 1887 the expenditures were in excess of the estimates to the amount of really come to believe that I possess one of the most valued qualities of $200,000; in 1888 the expenditures, if the appropriation in this bill is made, will be in excess of the estimates to the amount of$300,000. How long will it be be­ the prize-fighter, namely, to be able to stand more pummeling and come fore the excess ef expenditures over estimates or appropriations will be more up more serenely than most of my colleagues. [Laughter.] I do say, than the amount estimated or appropriated for this service? however, that there is less reliance fu be placed upon the estimates of But the most painful and deplorable part of this subject has relation to the wrongs and outrages perpetrated, under the forms of law, upon poor and oft­ the Department of Justice than upon those of any other Department ot times ignorant men, by deputy United States marshals and others because of this Government, and I do not confine that remark to the Department some mere technical or iniaginary petty misdemeanor, in order that a color of of Justice as it is now organized. It has been so ever since my con­ right may appear for retaining money of the United States for extraordinary expenses of witnesses and others. If the prodigal waste un

yesterday and in those I have made to-day there will not be found, I oners they arrest and try are generally brought long distances from think, a single sentence that can be construed into anything personally their homes. offensive to anybody. Moreover, I did not begin the scene which has I did not rise, however, in the brief time allotted to me, to at tempt to taken place in the House to-day. discuss this question at any length, but merely to call the attention of Mr. BURNES rose. the House at this juncture to this very great and important su bjectand Mr. O'NEILL, of Missouri. "Let us have peace." [Laughter.] to express the hope that the House will soon set itself to work to correct Mr. BURNES. Mr. Chairman, I call attention to the report of the this evil. Attorney-General for the year 1887. By this report I find that of those [Here the hammer fell.] in jail at Fort Smith, Ark., during the year, 122 are put down as in By unanimous consent the pro forma amendment was withdrawn. jail serving sentences and 501 as awaiting examination or trial. Now, Mr. BURNES. There are some twenty-eight estimates for public you can construe that as you. please. I give this statement from the buildings which have come to the committee, and which are in excess report of the "Attorney-General himself for 1887. of the limit fixed in the law for the completion of public buildings. Mr. ROGERS. That is, during the year? ::(tis obvious, therefore, that a point of order would lie against each Mr. BURNES. I do not know whether it is or not. That is the and every one of them. Submitting to the rule of the House, I have number of persons set down as in jail awaiting examination or trial-­ been instructed by the committee to ask unanimous consent to allow Mr. ROGERS. If you do not know how the fact is, you ought not these amendments to be presented, and also to allow a similar amend­ to make the statement. ment to be presented by the gentleman from Tennessee fMr. WASH­ Mr. BURNES. I make the statement on the faith of what I see be­ INGTON]. If unanimous consent be granted, these amendments can be fore me in this report-" of those in jail during the year serving sen­ considered. Without such consent, under the rule, no consideration tence or awaiting exa.mination or trial." It appears there are 122 can be had, as they are obnoxious to the point of or¢ier. serving sentence and 501 "hanging by the gills." [Laughter.] A MEMBER. Why were they not incorporated in the bill? A single remark in reply to my distinguished colleague on the com­ Mr. BURNES. Simply because they were obnoxious to the point mittee, the gentleman from Pennsylvania [Mr. RANDALL]. I trust of order, that inasmuch as they are in excess of the amount limited by that no one will misunderstand my position because of the playful the law for the construction of these public buildings. I desire to say the turn which that gentleman has given to my remarks. reason given by the Supervising Architect, in whom we have confidence, Mr. RANDALL. I do not propose to commit you in advance. is that these expenditures, ranging from $1,000 to $50,000 or $60,000, Mr. BURNES. Mr. Chairman, 1 shall never cease to denounce the will immediately finish these buildings and save large amounts ·in rent evils, the outrages, and the horrors that are perpetrated in the name which the Government is now paying. of law by public officers under the internal-revenue system of this Senator Hitchcock appeared before us and stated the "Government Governme~t. At the same time I wish to say to the gentleman~ from would save by completing the building iri his town $12,000 now paid Pennsylvania and to the country that we will first equalize the bur­ for rent. We are told the same thing is true in reference to these other • dens of taxation and reduce the duties upon some of the necessaries of public buildings. There is no question, therefore, but it is in the line of life before we undertake to diminish to any great extent the revenue economy to appropriate this money. It would be appropriated with­ from internal taxation. [Applause.] out question if it wer~ before the Committee on Public Buildings and Mr. HERBERT. Mr. Chairman, it will perhaps divert the attention Grounds. For these reasons the Committee on Appropriations have of the House a little from the course this debate has taken to bring it recommended that these appropriations be made, and in order that the back to the question suggested by the gentleman from Pennsylvania. matter may be brought before the committee for consideration, includ­ He says, and says truly, that there is a defect somewhere in onr judi­ ing the amendment of the gentleman fro·m Tennessee [Mr. WASHING­ ciary system, or in the manner of its administration. That defect has TON], I will now ask by unanimous consent the point of order against been pointed out clearly to this House by successive Attorneys-General­ them may be waived. by Attorney-General Devens, by At'\iorney-General Brewster, by At­ Mr. RANDALL: They were not incorporated in the bill because the torney-General Garland-all of them concurring in the opinion that committee were unwilling to take the position of violating the rules of ·this defect results from thefeesystem-fromthepaymentoffeestomar­ the House. shals, fees to district attorneys, fees to con:imissione.liB. The gentleman The CHAIRMAN. The Chair hears no objection, and the point of from Pennsylvaniahascorrectlystated that we once attempted to remedy order is waived, and the gentleman will send his amendment up. this evil upon an appropriation bill. In the Forty-eighth Congress we Mr. BURNES. I submit the following amendment. sent to the Senate upon an appropriation bill provisions reforming this The Clerk read as follows: · · system; but the Senate, it seems, had not time to consider the subject, For court-house and post-office at Aberdeen, Miss.: For iron fence, sidewalk of ap proaches, in excess of the limit, $4,000. and some Senators, too, objected to the measure because it came in that For post-office and court-house at Auburn, N.Y.: For completion, in excess way. ! -think this an appropriate occasion to appeal to the Judiciary of the limit, $30,000. Committee to bringintothis House a bill'which will remedy the evils of For fire-proofing building, $1.2,000. For post-office and court-house at Augusta, Me.: For completion, in excess of the existing system. the limit, $35,000. Mr. MILLIKEN. The gentleman will hllow me to say that a bill For fire-proofing building, $12,000. for this purpose was introduced in the House in the Forty-ninth Con­ For custom-house and post-office at Buffalo, N. Y. : For completion, in excess of the limit. 5500. · gress, was discussed here, but failed to receive consideration in the For court-bouse and post-office at Carson City, Nev.: For completion, in excess Senate. of the limit, $36,000. Mr. HERBERT. Soitdid. TheHousehaslongrecognized the.evils For custom-house wharf at Charleston, S. C.: For extension and completion, of this system, and if we would only take up this question promptly, in excess of the limit, $138,000. For pos~office and court-house at Concord, N. H.: For completion, in excess as we ought, we might in a short time send to the Senate a bill which of the limit, $11,000. it would consider and which would remedy the great and growing evils For court-bouse and post-office at Dallas, Tex.: For completion, in excess of the limit, 811,000. now existing. For court-house and post-office at Denver, Colo.: For extension and comple­ Mr. Chairman, the evil of the fee system results from the size of our tion, in excess of the limit, $60,000. judicial districts. The marshal's fees depend not only on the number For marine hospital at Detroit, Mich.: For boiler and engine house, ~.500. For court-house and post-office at Fo1·t Wayne, Ind.: For completion, in ex­ of cases, on the number of warrants and subpcenas he has to serve, but cess of the limit, 816,000. upon the distances traveled to serve. Mileage is what pays him, and For post-office at Hannibal, Mo.~ For completion, in excess of the limit, ~ . 000. this is a standing temptation before him. The district attorney's fees For court-house and post-office at Jackson, Tenn.: For completion, in excess of the limit, $10,000. depend on the number as well as on the character of the cases he prose­ For court-house and post-office at Keokuk, Iowa: For completion, in excess cutes. It is the size of the district that causes the difference between of the limit, $15,000. the fee system of the States and the fee system when applied to Federal For court-house and post-office at Leavenworth, Kans.: For completion, in excess of the limit, $3,000. courts. This is true also of the States where generally the fee system For court-house and post-office at Louisville, Ky.: That limit of cost of build­ obta.fus, but in the States, in every county, there are judicial officers, and ing be exclusive of amount paid for site. there are executive office1'S, and they are responsible to the public opin­ For court-bouse and post-office at Lyncbburgh, Va.: Forcompletion,in excess of the limit, $2,000. • ion of that county, where all their duties are discharged, for the manner For post-office and court·house at Manchester, N. H.: For fire-proofing and in :which they conduct their offices. They arrest no man, they try no completion, in excess of the limit, $46,000. man who is not in that county, and generally every person arrested is For post-office and court-house at Montpelier, Vt.: For completion, in excess of the limit, $20,000. a voter. But owing to the size of the judicial districts of the United For fire-proofing building, $1.5,000. States courts, a commissioner sits in the center of that district, and, For court-bouse and post-office at Pensacola, Fla.: For completion, in excess having his office there, issues his w;trrants for men residing at great of the limit, $2,000. For custom-house and post-office at Port Townsend, Wash.: For completion, distances, sometimes hundreds of miles away, and brings them before in excess of the limit, $38,000. him-men who are strangers to him, men who have no influence over For post-office at Poughkeepsie, N.Y.: For completion, in excess of the limit, public opinion in the community where the commissioner lives. So $500. For custom-house at Richmond, Va.: For completion, in excess of the limit, it is with the marshal and the district attorney. They are not directly $33,000. amenable to the public opinion prevailing in the neighborhood of the For court-house and post-office at Rochester, N.Y.: For fi re-proofing· and com­ prisoners arrested for the manner in which they transact the duties of pletion, in excess of the limit, S50,000. For post-office and court-house at Shreveport, La.: For plumbing and com­ their office, as similar officers are in the several States, because the pris- pletion, in excess of the limit, $2,000. .-~ . • 1238 OONGRESSIONAL REOORD--HOUSE. FEBRUARY 15,

For post-office at Springfield, Ohio: For completion, in excess of the limit, I am ofthe opinion that-this bureau ought to be officeTed as other 15,000. . For fire-proofing building, $23,000. bureaus of the Government are officered in the Treasury; that you For post-office at St. Joseph, 1\Io.: For unforeseen expenditure, resulting from should give so much money to provide for the payment of salaries to settling of the building and occasioning tearing down, strengthening founda­ certain capable draughtsmen, and that you should give sufficient sila­ tions, and rebuilding, $40,000. For post-office and court-house at Syracuse, N .Y.: For extension, granjte work nes to secure proper copyists, sketchers: .clerks, and others necessary. for approaches, and completion, in excess of the limit, $65,000. And said build­ Why can not this be organized as other bureaus are organized? In ing mn.y be extended on the north side thereof 15 feet and one story high. this manner the expenditures there ~n be made specific; and the ex­ !<'or post-office at Terre Haute, Ind.: For completion, in excess of the limit, $32,000. penditures for plans, etc., of buildings, being done from a center, can be For cnstom-house and court-house at Toledo, Ohio: For completion, in excess done under a system, while the amount necessary for the payment of of the limit, 17,000. janitors, superintendents, and custodin.ns of public buildings at the For court-house at Jefferson City, Mo.: For completion of the building, $3,000. For court-hou eat Columbus, Ohio: For elevator, $8,000. particular lo~tion where the building is being erected will come en­ tirely out of the fund appropriated by Congress for this purpose. Be­ :Mr. WASHINGTON proposed the following additional amendment: cause of the om_ission to do this the many deficiencies to which atten­ The custom-hol!Se at Nashville, Tenn.: For the construction of an elevator, tion has been called are brought to pass. $4,000. l'lfr. HATCH. Let me ask the gentleman if this can not be done The CHAI.I:tMAN. Is there objection to considering these several without any additional legislation, if it is recommended by the Secre­ amendments? tary, by putting it into the legislative appropriation bill? :Mr. ADAMS. I desire to ask, as it is not stated here in the bill, Mr. RANDALL. My own judgment is, and my own opinion, that what amount is appropriated in connection with the building at Louis­ the administration of the Treasury Department will remedy the mat­ ville-the amount paid for the site? ter, and I am inclined to believe that it is within the range of admin­ Mr. SAYERS. One hundred and forliy-one thousand dollars. istration. But if it is not done, then some organization ought to be .Mr. ADAMS. I think it should have been stated in the bill. J:>rought about by legislation through the proper committee of this Mr. RANDALL. Mr. Chairman-- House, to wit, the Committee on Public Buildings and Grounds. The CHAIRMAN. Is there objection to the consideration of these Pardon me, Mr. Chairman, for occupying so much tim{} in this con­ several amendments? nection; but when I see a wholesale breakage of the law which has :Mr. BREWER. Let us hear from the gentleman from Pennsylvania fixed the limits of these building~, as now proposed, I think it doe to first. the House to say that this should not be, and to incidentally and per­ The CHAIRMAN. The first question is, will the committee consider haps crudely undertake to suggest a mode of avoiding it in thefuture. these amendments? l\Ir. MILLIKEN. So far as this matter is concerned there certainly There was no objection. can be no reflection justly made upon the committee from which these Mr. RANDALL. Mr. Chairman, I did not object to the considera­ bills come; and I can not see that there is any reflection justly to be tion of these amendments, because I do not see that Congress can in any made upon this House. In all the bills introduced in the last Congress, other way remedy the mistakes made in this bureau. It is really a as :flu as my memory goes, appropriating money for public building , wholesale change of law, with reference to some thirty of these build­ a clause was inserted, suggested by the gentleman from Inc:liana [Mr. ings, as to the limits originally prescribed. HoLMAN], providing that no money should be appropriated, or at least I In my judgment, however, I should fail to properly discharge my used, until the Sopervising.A.rcbitect had made his estimates, and that duty on this floor if I did not direct attention to what I deem to be the the estimates should come within the limitation of the appropriation loose, irresponsible, and uncertain manner of the expenditure of public for the building. money in connection with such matters. Whether such objectionable Mi'. SAYERS. Will the gentleman from Maine allow me to inter­ practices can be remedied by administration or will require the enforce­ rupt him to make a suggestion? ment of statute law, I am not prepared to say with certrunty at this .M:r. JI.ULLIKEN. Yes, sir. • time, but either one thing or the other should be done. There should Mr. SA.YERS. These items of appropriation here refer to buildings be a reorganization of that bureau by the Administration, or else Congress which were authorized to be erected. should come to,the rescue, through its appropriate committee in this Mr. MILLIKEN. I so understand it, and they were authorized, House, and provide by statute how this business should be conducted. some of them, if n~t all of them, by the Forty-eighth and Forty-ninth It is well known that we give ea~h year a certain amount of money Congresses; some of them certainly by the Forty-eighth. for the payment of the employes, draughtsmen, sketchers, clerks, and Mr. HATCH. Some of them as far back as the Forty-seventh Con­ others in this connection, and yet that appropriation of mon~y gives no gress. true index of the system of work there; nor do the expenditures give Mr. :MILLIKEN. Now, that provision was placed in the bills for any fair and accurate information as to the amount of money that is the purpose of avoiding just what has occurred here to-day, for the pur­ actually expended. · pose of bringing the cost of the public building within the amount ap­ Mr. HATCH. Will the gentleman yield to me for a question? propriated, so that Congress might know, when it was appropriating this · :l'!Ir. RANDALL. Yes, sir. . money, how much it was going finally to expend on these public build­ Mr. HATCH. Is not all that expense for draug'hting, etc., that the ings, and in order that it might not be said, as it has been so often said, gentleman from Pennsylvania alludes to, taken out of each individual "This appropriation is simply an entering wedge; by and by you will appropriation? want to get something more appropriated." Mr. RANDALL. There is one or . · 1 mistakes of administration. That was oneofthe objections which weremadeagainstthese appro­ M:r. HATCH. Permit me a momeuli. I want to say that here is priations. Now, sofarasthepresentSupervisingArchitectiscohcemed, an appropriation to complete the building at Hannibal, Mo., of 52,000; I have no reason-and if I had a reason I do not klww I should do it­ and yet there would have been no lack of funds to complete it if it had to make any criticism upon him at all. I do not know the gentleman not been that of the money already appropri..1.ted for that purpose personally, and I know very little about the administration of his office, amounts were used in draughting and other such expenses in that office and in the absence of that knowledge I assume that he is doing his which were supposed to be done under the general appropriation. duty judiciously and honestly. But certainly if these abuses have not Mr. RANDALL. The gentleman is quite conect in his statement as sprung up during his administration they have not been amended by to the Hannibal building. Not only is that true, but I know that of it. Perhaps he has not had time or opportunity during the brief term the appropriations made to some other buildings sums of money have of his administration of his office to give his attention to them. I de- been taken for work upon as many as twenty-five or thirty different sire to treat him fairly. - buildings having no relation whatever with the appropriation and I think there is something a little further than this in the matter. I nothing to do with the object that Congress had in view in making the think that after these.public buildings have been commenced there has appropriation, and we knew nothing of it. Congress supposed when been sometimes a little too much politics in the matter of their con­ the appropriation was made, and a limit fixed, that the amount ex­ struction. I desire to make a statement in regard to the building at pended by the administration of this bureau was to pay only for the Augusta, l'!Ie. I introduced into this House the bill for tho erection of work upon the particular building specified. But in many instances that building. An appropriation of $150,000 was made for it. I stated sums have been taken out of the particular appropriation to cover ex­ to the House the $150,000 would erect and finish the building. I un­ penses on various other buildings. derstood it to·be so from the Supervising Architect. He had made his Mr. McKINNEY. By what right? plans and specifi~'ltions, and that was the amount of money he said it Mr. RANDALL. By the right of might. There is no law of Con­ was necessary to appropriate, and we appropriated it. gress to justify it. Now, how has the work gone on? Why, sir, instead of issuing an Mr. WILKINSON. Will the gentleman from Pennsylvania permit invitation for proposals, the substructure of the building, which was me to ask if this has been done by the present incumbent of the office? quite costly, has been built by da.ys' work at a cost which many people Mr. RANDALL. Not to my knowledge; and I am inclined t{) believe believe to have been considerably larger than the sum which it could that he is trying to remedy these mistakes. have been built for if the work had been done by contract. Then, when Bot., Mr. Chairman, I am not inveighing against anybody. It has the question came of building the superstructure, the Department

Mr. MILLIKEN. When the proposals were received it was found :Mr. VOORHEES. ~Ir. Chairman, I desire to o:fl'er an amendment to that there were half a dozen bids, more o.r less, for the building. As it this amendment. . h.appenedacert.aincompany, which perhaps has builtmorepublicbuild­ The Clerk read as follows: ings th::m any other in this country, a company entirely responsible, Strike out $32,000 and insert $~,000 as the limit for the construction of the entirely capal>le of doing the best kind of work in the cheapest man­ public building at Port Townsend, Wash. · ner, for its granite works are within 2 miles of the spot where the build­ Mr. BURNES. I make the point of order against that amendment ing was to be constructed, was the lowest bidder; and what was the that there is neither an estima,te of the Department for it nor of the result? A little coterie of gentlemen came here, as I am credibly in­ Supervising Architect. formed, protested against this company getting the work to do. Why? Mr. VOORHEES. I trust that the gentleman will withhold his Because, and for no other n'ason in the world, the man who was at the point of order long enough to permit me to make a brief statement. head of this compn,ny, who I am sorry is now dead, who was recently 1l1r. BURNES. Ha;dng made the point, I will withhold it for the governor of the State of Maine, Mr. Bodwell, was a Republican; and gentleman's statement. ·they said, "This work must not go into the hands of Republicans, be­ Mr. VOORHEES. Mr. Chairman, it is susceptible of the clearest cause they would employ nobody but Republicans_;" and the final event and most positive demonstration that the customs district of Puget was all the bids were rejected. Then they advertised for proposals­ Sound is one of the most important in the United States. At a meet­ ! am stating what I know; indeed, what anybody may know if he will ing of the city council of Port Townsend, which is the port of entry, inquire-they advertised for proposals to furnish the material. Very in November last, a set of resolutions wa.s adopted, which was ratified well; when the bids came in it happened to be a repetition of the same by the board of trade of that city, settillg out in detail the statistics old case; they were rejected again; and then they issued letters asking relating to this great customs district, and it appears that the appro­ the bidders to revise their proposals. priation originally made _pn the 3d day of 1\Iarch, 1885, for this pub­ Mr. WISE. Will the gentleman from Maine allow me a question? lic building is totally inadequate to erect a building sufficient to ac­ J\1r. MILLIKEN. Yes, sir. commodate the growing commerce of this portion of the Pacific North­ Mr. WISE. Are you opposed to the erection of public buildings by west. At that time $70,000 was appropriated for the erection of a days' labor? public building, which was t-o accolll.modate not only the cri.stomsbusi­ Mr. MILLIKEN. I was opposed to the work I have referred to be­ ness, but also the post-office and the United Statf.s courts atthat point. ing done by days' labor, because I believed it could be done by con­ Subsequently, on the 9th day of December, 1886, an additional appro­ tract for within. the limit of the appropriation. priation of :S12, 000 was made, making the appropriation in all $82,000. 1llr. BLAND. When did all this take place? Now, Mr. Chairman, it is absolt~tely true that the superficial area of Mr. MILLIKEN. This last summer. floor-room contemplated by the plans adopted for the construction of Mr. BLAND. Who was in chargeoftheconstructionofpublic build- this public building will be less than is now furnished in the rented ings at that time? : buildings occupied by the customs department, leaving no room what- , Mr. 1\ITLLIKEN. The same person who is in charge now. . ever for the accommodation of the post-office and the courts. Mr. BLAND. When was be appointed? It a,:ppears from these statisti~l details that in the customs district Mr. MILLIKEN. I do not say he is responsible, but somebody is. of Puget Sound there are more American steam-vessels engaged in the Further than that, :M:r. Bodwell told me himself that he offered to take foreign trade than there are in any other American port; there is a $150,000 and :finish that building to the satisfaction of the Department, greater tonnage of American sie,'l>m-vessels engaged in the foreign trade· in as good style and manner as any building of the same class in the than in any other port except New York. United States, and that offer was refused. The contract was given to In the aggregate number of American and foreign steam-vessels en­ another co~pany; and while the substructure has been constructed of gaged in the foreign trade it stands second, New York being :first. In white granite they are building the :first story of the superstructure of the aggregate tonnage of American and foreign steam-vessels engaged dark granite. Possibly they will build the third story, which has not in the foreign trade it stands seventh. In the aggregate number of en­ yet been contracted for, of red granite; and if they continue as they trances and clearances of American and foreign vessels, steam and sa~ have begun we shall haveapublicbuildinglikeJoseph'scoat-ofmany it stands fourth. In the aggregate tonnage of all vessels, American and colors; and God only kuows what it will cost if Congress shall, from foreign, steam and sail, it stands seventh. time to time, be so indulgent as to furnish the money. This showing alone fully sustains my assertion that this customs dis­ Now, I say there is something beyond what the House has control trict is one of the foremost in the United States. ofin regard to these expenditures on public buildings. I am in favor It appears further, ~Ir. Chairman, that while the collections in this of granting this $35,000, because it is necessary in order to put tJ.te district in 1886 amounted to $79,000, there has been since that time building into habitable shape. You can not leave it without a roof; such a phenomenal growth and increase in the transactions of the dis­ you can not leave it without a .third st-ory; you can not leave it un­ trict that the collector now estimates that during the pres(lnt year the furnished; and therefore, because it is necessary in the present state of collections will reach the sum of $250,000. the case, in order to make the building of any·use to the Government, I submit, Mr. Chairman, that it is a matter of economy, pure and I am in favor of the amendment. But the whole trouble might have simple, to give us money enough to construct a building at this port been avoided by going forward in a business-like, non-political way, as which will accommodate the rapidly growing and ihcreasing business should be the course in every C.'\Se of this kind. The construction of of the district of Puget Sound. public buildings should be purely a matter of business, wherein politics [Here the hammer fell.] should have no consideration. Mr. CRAIN obtained the floor and said: I yield my .time to the gen­ ?Ylr. RANDALL. Will the gentleman permit a question? tleman from Washington Territory [Mr. VooRHEES]. :M:r. MILLIKEN. I wilL • Mr. VOORHEES. I am very much obliged to the gentleman from Mr. RANDALL. Are you not a member of the Committee on Pub­ Texas. lic Buildings and Grounds? Mr. Chairman, I might read from these resolutions a great many Ur. MILLIKEN. I am. additional reasons for this increased appropriation, but my time will Mr. RANDALL. Then, in view of the statements yon have just not permit. The following suggestions are very valuable as establish­ made, I think it is the duty of that committ-ee to in some way con­ ing the commercial importance of this port of entry: sider and recommend a proposition to be enacted into law, which would Port Townsend as a. center of travel is rapidly growing in importance, being prevent a repetition of the evils you complain of. the first American port reached by large ocean steamers arriving and depart­ ing tri-monthly to and from .Alaska; also the first port on Puget Sound con­ Mr. MILLIKEN. The gentleman is older in Congress than I am, nected by ocean steamer with San Franci-,co making weekly trips; also con­ and if he will submit a bill for that purpose I doubt not the committee necting by daily steamer with Victoria, British Columbia., and by two lines of will consider it favorably, if indeed such a bill can be formulated. daily steamers With southern and eastern inland points· also by two semi­ weekly steame:rs with Vancouver, British Columbia; also havipgvarionslocal 1\Ir. RANDALL. I have a great many other things to attend to, steamer lines radiating on daily, tri-weekly, and semi-weekly schedules. It is and this business belongs to your committee. also the northern terminus of the Port Townsend Southern Raliroad, a line Mr. BURNES. Mr. Chairman, by an oversight of the committee an of railway being projected south ward to connect with the great transcontinental lines. Port Townsend is nearly opposite, and only 30 mHes distant from, Vic­ omL~ion has been made which will be supplied by the amendment I toria, the capital ofthe province of British Columbia., where the English Gov­ send to the desk. ernment ha.s e:&:pended a. million dollars or more in public works. The Clerk read as follows: The first appropriation ever made for the benefit of Washington Ter­ Post-office at Jersey City, N. J.: For necessary extension of the building, ritory for a purpose of this kind was the appropriation of $70,000, sub­ $12,200. sequently increased to $82,0001 $9,000 of which it was necessary to lli. BURNES. Mr. Chairman, I ask unanimous consent to pass expend for a site on which to erect this public building, leaving an in­ upon these propositions together in order to save time. sufficient amount available for the construction of the building and The CHAIRMAN. As the Chair understands, the committee has not the payment of expenses incideBtal thereto. agreed to consider the last proposition, and the gentleman in charge of It seems to me singular that the Go-.ernment of the United States the bill now asks unanimous consent that they all be considered to­ should hesitate to appropriate $250,000 to provide for the transaction gether. of the business of this port in view of the fact that the British Govern­ Mr. BURNES. Yes, I ask unanimous consent that all these amend­ ment has expended more than $1,000,000 at Victoria, a point 30 miles ments be taken l;lS one paragraph and considered in gross. to the northward, the commercial importance of which is no greater and There was no o~jection. possibly not as great as is that of Port Townsend. , 1240 CONGRESSIONAL RECORD-===-HOUSE. FEBR.UARY 15,

Mr. Chairman, our exports of lumber, coal, wheat, and other prod­ ury Department that it is necessary. I see no reason for it, and I .insist ucts are estimated at$10,000,000 annually; and the statistics to which upon my point of order. I ·have adverted indicate that this customs district is of sufficient im­ The CHAIRMAN. The Chair can not see bow any suggestion from portance to justify Congress in making an appropriation adequate for, the Supervising Architect would affect .the point of order. The com­ the construction of a building which will cost not less th:m $250,000, mittee agreed to consider these several propositions although not au­ the limit asked for. thorized by law; and having agreed to consider them, it is in order to Mr. BOUTELLE. I wish to ask the chairman of the subcommit­ consider amendments to them. tee bow much these increased appropriations for public Jmildings em­ Mr. SAYERS. I believe I have the floor. braced in this amendment will aggregate? Mr. CANNON. I wish to say that if I understood the Chair's de­ lfr. BURNES. About $800,000. cision-- Mr. BOUTELLE. What information has the committee received Mr. SAYERS. I believe I have the floor. upon which to base its judgment that these appropriations are neces- The CHAIRMAN. The gentleman from Illinois wishes to be beard sary? .... on the point of order, and will be recognized. Mr. BURNES. We have received specific reports from. the Super­ Mr. CANNO:N'.' If! understood the unanimous consentitwas given vising Architect, setting forth in detail the condition of the work in for the purpose of reporting an amendment from the Committee on each case and the amount of work to be done in order to complete the .Appropriations covering certain items, and also to the gentleman from building. Tennessee [Mr. 'VASHINGTON] to make a similar amendment; but I Mr. BOUTELLE. Ha.c:~ the committee or the House any guaranty did not know that unanimous consent was given for the purpose of of­ or any evidence that the amounts now proposed to be appropriated will fering other and independent amendments l_}roviding for other buildings. secure the completion of these buildings? - The CHAIRMAN. The Chair does not so understand the fact. The :M:r. RANDALL. The committee can not give any guaranty. gentleman from Missouri asked by unanimous consent to offer for con­ Mr. BURNES. The committee can not guaranty, nor bas anybody sideration an amendment covering items of appropriation beyond the undertaken to guaranty to the committee, that such will be the result; limit fixed in the laws providing for those public buildings, and unani­ but the Supervising Architect, in whose judgment and pains-taking care mous consent was granted for that purpose and also to allow the gen­ we have great confidence, assures us that these appropriations will com­ tleman from Tennessee [Mr. W .ASHINGTO~ ] to move a similar amend. plete the buildings. ment. Mr. BOUTELLE. And this officer in whose "pains-taking care " Mr. CANNON. Then this amendment is one of them? and judgment yon_have this confidence is the same officer who, in some The CHAIRMAN. Yes, this is one of them, and having agreed to instances, made the plans. consider them they are open to amendment. Mr. RANDALL. Oh, no. Mr. CANNON. I did not understand that t.his was one of them. Mr. BURNES. This officer has been in office.only about a year. The CHAIRMAN. Yes, this is one of them, and the gentleman's Mr. BOUTELLE. Then yon have more confidence in the present amendment to the amendment is in order. officer than in the former one. l'lfr. SAYERS. I desire to ask the gentleman from Maine [Mr. Bou­ Mr. RANDALL. A fairer way to state the matter would be that we TEI~LE] whether we did not pass a bill for him in tlle Forty-ninth Con­ have no confidence in the system. gress, appropriating $100,000. Mr. BOUTELLE. What we want to get at is, whether the House Mr. BOUTELLE. I did not hear the gentleman. has any assurance whatever that these buildings will ever be completed. Mr. SAYERS. Did you not direct a bill to be introduced Jast Con­ Mr. SPRINGER. Oh, yes; we now have a Democrat in charge. gress, and did not the Honse pass it? Mr. FELTON. Will not their completion depend on the appropri­ Mr. BOUTELLE. In the last Congress a bill was passed restoring a ations w bicb may be made? public building in my Congressional district. Mr. BURNES. I can say I have perfect confidence myself that these Mr. SAYERS. Was not $100,000 appropriated for that building? appropriations will complete these buildings. That confidence is based Mr. BOUTELLE. Yes, for the purpose of restoring a public building upon my knowledge of the character of the Supervising Architect, whose destroyed by fire. That is all right. We were entitled to have the bill assurances to me in that respect are ample. pas ed. Mr. BOUTELLE. I am very glad to find that one gentleman is sat­ Mr. SAYERS. I would ask the gentleman whether or not the Com­ isfied. mittee on Public Buildings and Grounds did not recommend for him Mr. MILLIKEN. I suppose it is very certain the buildings will not the construction of a public building in the Forty-seventh, Forty­ be completed unless the necessary money be appropriated. eighth, and Forty-ninth Congresses, and whether the same bill is not Mr. McMILLIN. Having been called to the Renate during the ear­ now before that committee? lier part of·this discussion, I desire to know whether any of the appro­ Mr. BOUTELLE. I understand that bill is now before the Com­ priations now proposed to be made will carry the gross amount of the mittee on Public Buildings aud Grounds, and I am complaining be­ appropriations for these buildings beyond the limits originally fixed. cause I can not get the committee to report it to the House. - Mr. BURNES. They are all increases. Mr. SAYERS. Did not the gentleman have the bill before those Mr. BOUTELLE. Mr. Chairman, my object in making these in­ three Congre...c;ses? · quiries has been more especially to ascertain to what extent the Treas­ Mr. BOUTELLE. It ought to llave been reported among the very ury, by these expenilitures, is being mortgaged for the future against first bills introduced in this Congress, but it has not been, and that is the passage of :tlleasures providing public buildings for localities where the reason I am complaining. the people ought to have the accommodations asked, and would be en­ Mr. SAYERS. I wish to say, Mr. Chairman, that this House bas tirely content with the appropriation of a reasonable and moderate sum, done as much for the gentleman from Alaine as he asked, and if the but are unable to get action at the bands of this House, largely, as I be­ gentleman did not get his bill through during the Forty-seventh, Forty­ lieve, becauseoftbe improvident and extravagant increase of appropria- eighth, and Forty-ninth Congresses it was because it was his fault or tions for buildings already authorized by law. · his misfortune. I have introduced and have now pending before the committee of this Mr. BOUTE.LLE. I admit that it was my misfortune not to have House a bill which has been before the House now during three "Con­ gotten it through, and that is why I complain. gresses, asking the moderate appropriation of $50,000foracustom-house Mr. BELDEN. Mr. Chairman, the gentleman from Maine has made and post-office in one of the most rapidly growing districts of my State. an inquiry as to whether there were detailed estimates for this work, The building proposed to be constmcted is not to be a pauper institu­ which I desire to answer, and state that I speak understandingly and tion, but the revenues from that customs district would pay for the advisedly when I respond that this is the first estimate in detail that building in the course of two or three years. Yet, while year after bas been presented to the House within twenty years. year we have been appropriating money to build court-houses and post­ This estimate is given in detail, every item is presented, every single offices in various villages and hamlets all over the country, where there item set out in full, and the amount of tbedeficiencybereisforitemsthat is not a solitary penny of revenue, where every dollar of expenditure were not in the original plan at all. It is not, therefore, a deficiency must be given outright by the Government, and the only equivalent ob­ in the true sense of the word. The faet of the matter is that the esti­ tained is in the increased comfort of the legal fraternity attending court, mates have been made up wj.tbout care or attention, being made by it bas been ~mpossible in many instances to get deserving measures of men without ability to give them correctly. Many things which should this character before the House; and now we are proposing to spend have been included in the ~timates have been left out entirely. But $800,000 in the way of increased appropriations for buildings which the present Architect ha.c:~ inserted every item in this appropriation bill, have been heretofore provided for. and has prepared an estimate, item by item, of tlle amount required. M:r. VOORHEES. I rise to a parliamentary inquiry. I desire to Mr. LONG. You mean as to the building at Syracuse? know the status of my amendment to the amendment. Mr. BELDEN. I mea.n as to several buildings. The CHAIRMAN. The gentleman from Missouri reserved the ques­ I make the statement boldly that there never bas been an estimate tion of order, which be will now state. presented for the completion of a building so much in detail, prepared Mr. BURNES. My point of order is that this is not only an appropri­ with so much care, and one that is so sure to be right as this one. ation in excess of the limit fixed by law, but it comes here without any Mr. BOUTELLE. Then you share the confidence of the gentlemar recommendation on the ~art of the Supervising Architect of the Treas- from Missouri that these appropriations are to be final? 1888: CONGRESSIONAL RECORD-HOUSE. 1241

Mr. BELDEN. I do, sir. For wages ~say office at Boise City, being for the service of the fiscal year 1885, Mr. BOUTELLE. I am glad of that. · $335.For freight on bullion and com,. mmts . an d assay o ffices, ;;u,"" 000 • Mr. BELDEN. I know the fads; I have gone over the whole sub­ Mr. HERMANN. I move to strike out the last word. I regret ex­ ject in detail and have examined whatwasleft out informer estimates, ceedingly, as representing a State more interested than any ot~er ~the and I tell th~ gentleman that there is not a dollar asked for here that amendment just disposed of, that the House has not deemed It w1se or he does not tell us exactly what it is for. prudent to agree to the request made in the amendment offered by the Much has been said in this discussion about deficiencies. The fact DeleO'ate from Washington Territory. Here comes a request, not from is that the Government work here has all been done cheaper than any asingle individual or Delegate, butitisarequestwhich is backed up and other work or any private work could be done. But if the gentleman indorsed unanimously by the Board of Trade of Port Townsend~ and by from Maine gets his $50,000 appropriated, and the estimate is changed, the inhabitants of that enterprising and marvelously growing c1ty, and he will find that there will be a deficiency. by the unanimous request ofthe Legislative Assembly of the Territory The gentleman from Pennsylvania [Mr. RANDALL] m_ade. the only of Washington. . suggestion which in my judgment will cover the question ill fut~e, When the original act was passed in March, 1885, granting an appro­ and that is the appointment of competent men and a bureau havmg priation of $75,000 for the construction of t?is building, a different state charge of the matter. It has been done by a lot of boys. Every gen­ of affairs existed in the northwestern portion of the cou~try from what tleman here knows, who bas bad experience in such matters, that be can exists at the present time. Then the service o~ the customs de:part­ scarcely bund an ordinary stable or a little bouse without having it ment required but eighteen persons to perform 1t. Now the busmess cost much more than be estimated. You can not expect this Govern­ bas so grown in magnitude a:' to require t~rty-six persons to perf~rp1 ment work to cost less when boys have been making the estimates. that service. Then, Mr. Chrurman, the receipts amounted to but 3h9,- Mr. MILLIKEN. Will the gentleman from New York tell us w betber 000, whereas now, in the remarkably short lapse of but three yeaTs,. they the force of boys under the present Administration doing this work bas have grown to the enormous amount of $250,000. More ~on~y Is re­ been increased or diminished, and how long they have been there? ceived each year by the collector of customs of that great district than .Mr. BELDEN. I do not know. The gentleman now in charge is a is sufficient to erect the building which bas been recently under con- stranger to me. But I know from experience that it requires competent sideration. • men to do this work. I have looked into the question and I feel that Mr. Chairman, it is not only to the local interests of the great Nor~h­ I am <'.ompetent to give an opinion upon it. west that this amendment is of importance. The people of the entire Mr. MILLIKEN. I do not intend to impea-ch the Department, but nation are interested in it. My friend from Washington Territory. has the gentleman speaks of a lot of boys there. almost exhaustively gone over the ground and shown to this H?use Mr. BOUTELLE. Mr. Chairman, what is the particular question ample and sufficient reasons why his amendment should have received before the House? , favorable consideration. But he might also well have referred to the The CHAIRMAN. The gentleman from New York bas the floor. construction of two great transcontinental lines which now reach that Mr. BELDEN. I say, Mr. Chairman, that the estimates which have inland sea. The Northern Pacific bas Hs terminus on those waters, been made, almost universally, heretofore have been made by incompe­ and the Canadian Pacific, with its present terminus at Vancouver, will tent persons or without sufficient care, and we have ?-O bureau tha~ can be connected and is now being connected with the waters of Puget .. do it. I say that the present gentleman who occup1es the place, If he Sound. And thus becomes still greater the necessity for a proper cus- undertakes to do it all as well as he has made these estimates, will not tom-bouse at that place. . . be able to finish one-fourth of these buildings; and nothing but a plan If there is anything required to confirm or ~orroborate the petitio~s similar to that suggested by the gentleman from Pennsylvania [Mr. sent to this House it is the ex:jgency which ensts at that place at this RANDALL] will cover the difficulty. time. When you look at the resort the Government is compelled to [Here the hammer fell.] make to renting outside buildings at an immense amoul_ltofrentalan­ Mr. BURNES. I now ask unanimous consent that debate upon this nually, and when you look at the great am?unt or foreign ~ommerce, proposition be closed. the immense amount of local as well as fore1gn shipments, It seems to There was no objection, and it was so ordered. me that this House should not pause a solitary moment in voting every Mr. HERMANN. Mr. Chairman, the State of Oregon is entitled dollar requested. . . : . . . . to- The Government should be like an mdividual ill matters of thiS kind. The CHAIRMAN. Debate has been closed by unanimous consent. Its action in managing its affairs should be as economical and as pui~­ Mr. HERMANN. If unanimous consent is required, I object. taking as would be that of an individual. I~ he. was pr~sperous. in h1s The CHAIRMAN. The gentleman is too late. · circumstances with an immense surplus at bts disposal, m carrymg on Mr. HERMANN. Then Iaskunanimousconsentto be permitted to his business transactions would he allow himself to go to work and occupy the floor for two or three or four minutes on the pending amend­ rent outside buildings just because he did not feel that the time bad ment. [Cries of "Too late ! "] arrived to spend what was necessary in erecting a building? A man who Mr. BURNES. Let him have the time. [Cries of "Regular or­ would allow the money to remain in his pocket' and pay rental for out­ der!"] side buildings, while at the same time recognizing the necessity for ~he The CHAIRMAN. The question is on the amendment proposed by construction of additional buildings for his own use, would be actrng the gentleman from Washington Territorv. .:.. with as little wisdom as is shown in the refusal of the necessary appro­ The question was taken; and on a division there were-ayes 25, priations for this purpose. The sam.e rule w hi~h :wopld apply to a dis­ noes 78. • creet economical individual or busmess assomation certamly should So the amendment was rejected. apply to the Government of the whole nation. The c?m_merce of the Mr. HERMANN. I now move to strike out the :first word. entire country requires this, and the necessary appropnat10n should be Mr. Chairman, I wish to say-- made. The CHAIRMAN. Debate is closed by order of the committee. [Here the hammer fell.] . Mr. HERMANN. Then I will offer the amendment to a succee~ng The pro forma amendment was withdrawn. paragraph. The Clerk read the follQwing paragraph: Mr. .!LLEN, 'Of Michigan. Mr. Chairman, I wish to make a par­ Light-stations: . liamentary inquiry. Hell Gatelight-station, New York.: For lease of !he g:round used as a site for The CHAIRMAN. The gentleman will state it. the li<>'ht-house and fog-signal establlshed at Hallet s Pomt, near Hell Gate, New Mr. ALLEN, of Michigan. When the motion of the gentleman from York~from April1, 1886, to June 30, 1888, $1,350. And the Secretary of the Trea;s­ ury is hereby directed to remove the property of the Government from satd Missouri was made to close debate it was absolutely impossible for the leased ground on or before June 30, 1888. gentleman .from Oregon, or anybody sitting even two seats back of .M:r. LONG. I offer an amendment recommended by the Department. me, to hear a word because of the confusion upon the floor of the since the bill was reported. House. The gentleman during that confusion could not, of course, take The Clerk read as follows: · cognizance of what was passing; and therefore I ask if this strict rule Insert after line 2, page 3, the following: . . , should be· held to apply to him? "In addition to the amount appropriated by the act makmg approprmt10ns The CHAIRMAN. The Chair can not keep order upon the floor ex­ for the sundry civil expenses of the Gover~ment, approved ~ugust 4, 1886, for the establishment of a light-house and fog-s1gnal at Castle Pomt, Rhode Island, cept with the co-operation of gentlemen on the floor. The Chair will the sum of $5,000." take great pleasure in co-operating with the gentleman from Michigan The amendment was agreed to. · :md other gentlemen in preserving order. · ' Mr. LATHAM. I offer the amendment which I send to the desk. The pro forma amendment was withdrawn. The Clerk read as follows: The CHAIRMAN. The question is on the amendments offered by After line 2, paga 3, insert: . . . h ffPamli the gentleman from Missouri. "Pamlioo light-station North Carolina: For estabhshmg a.lig to co The amendments were agreed to. Point North Carolina, to' replace the one on the point, $25,000." The Clerk read the following paragraph: M;. BURNES. I am compelled to interpose the point of order 1\!ints and assay offices: against that amendment. For wages assay office at Boise City, 81,890. Mr. LATHAM. I ask tbegentlemanfromMissouri to withhold the For wages assay office at Boise City, being a deficiency for the fiscal year 1887, point of order in order to allow me to make a statement. $335. Mr. BURNES. I reserve the point of order. , 1242 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15,

:Mr. LATHAM. The Secretary of the Treasury in his letter trans­ Mr. CLARDY. Has any committee, except the Committee on Ap­ mitting the estimates of deficiencies in the appropriations to the com­ propriations, ever acted upon this increased estimate ? mittee, which is dated the 22d of December, 1887, asks that this ap­ lli. BURNES. I really can not speak as to the pmctice; but the _propriation should be made; and in his letter he calls the attention of provision establishing this light, together with the fust appropriation, the committee to the importance of its being made. He tells them in was made in 1882. · that letter that the ligbt-house at Pamlico Point, at the month of Pam­ . 1\Ir. CLARDY. By the Committee on Appropriations? I lico River, has been greatly undermined by the waves of the sound :Mr. BURNES. I think perhaps by the Committee on Appropria­ and of the river, so that it is insecure and has been abandoned. tions. Whethei the Committee on Commerce reported the legislation In fuct, in the month of October the light at that light-house was establishing this light I do not know. extinguished. The river is one of the largest in Eastern North Caro­ Mr. CLARDY. I ascertain the fact to be that the provision came lina. Forty miles above its mouth is one of the most prosperous towns from the Committee on Appropri.n.tions in 1882. in that section of the country. Along both banks of the river are Mr. RANDALL. At that time the practice was for the Committee large mills engaged in the preparation of lumber for the various mar­ on Appropriations to originate and insert in their bills matters of this kets of the world. It has a West India trade empl(\~i ng six or eight kind. Since that time the rules have been changed, and provisions for vessels, which carry freight to those islands and bri . .., back large car­ new work of this nature must be considered by the Committee on Cvm­ goes of salt, ·molasses, and fruit. A number of vessels from northern merce. ports are constantly engaged in the lumber traffic, carrying out mill­ 1\Ir. CLARDY. I have asked these questions in view of tthe philippic . ions of feet oflumber every year. ~esides that there is a semi-weekly contained in the report, which I indorse. line of large and commodious steamers rtlll by the Old Dominion Com­ :Mr. BURNES. In justice to my distinguished colleague [Mr. pany to Norfolk. There is another semi-weekly line run to the city CLARDY], the chairman of the Committee on Commerce, I will say I of Baltimore. am satisfied that the first estimate for this matter went to the Com­ There is another line from the town of Washington to the neighbor­ mittee on Appropriations. That estimate ~as relied upon, and the ing city of New Berne, N. C. The sound and the river are dangerous work was under~en with the idea that it would cost only $333,000. to navigate without this light. It is supplied simply with a gas Subsequent events have shown the original estimates to have been un­ . buoy, which is utterly and entirely insufficient for the purposes of safe reliable, and the total expenditure, as now estimated, will be$721,000. navigation. It is proposed by the Department to replace the light­ Mr. CLARDY. Does not my colleague think that this provision house which is now upon the land with a screw light only a few hun­ would be obnoxious to a point of order? dred yards distant, which will be amply sufficient for the purpose. If Mr. BURNES. Oh, no, sir. the appropriation is not put into this bill, but is left for the sundry 1\Ir. CLARDY. I mean the increased appropriation. civil bill, the amount appropriated will not be available in time, and Mr. BURNES. There was no limit originally. There was simply an meanwhile vessels J.?.3vigating there will be in great danger. The light estimate for $333,000. The work was authorized, without any limit- can not be well built during the winter; the work mu.<~t be done dur­ ation as to cost. ' ing the summer; so that if the appropriation is not put into this bill :Mr. CLARDY. I thought $333,000 was the amount speciiled orig- it will probably be twelve months before the new light will illuminate inally as the limit of cost. · that coast. In the mean time, :Mr. Chairman, while this amendment Mr. BURNES. No, sir; that was simply an estimate. of mine may be wrecked here upon a point of order, the lives and the Mr. BRECKINRIDGE, of Kentucky. As I understand, $200,000 property of our fellow-citizens may be wrecked on the point off Pam­ has already been spent upon this work. lico River. I trust, therefore, that the point of order will not be in­ Mr. BURNES. Yes, sir. sisted upon. We have not a sufficient number of lights in the sounds Mr. BRECKINRIDGE, of Kentucky. And the aggregate expense of North Carolina. You can go almost from one end of Long Island is estimated at $720,000, making the amount yet to be expended Sound to the other by the light of magnificent structures which the $430,000? Government has erected there for the protection of navigation; but l\Ir. BURNES. About that. upon our waters those light-houses are twenty or thirty miles apart. Mr. BRECKINRIDGE, of Kentucky. The expense yet to be in­ I ask ofthls House that they will pass this appropriation now. coned, as I understand, will aggregate $430,000, if the last estimate Mr. BURNES. Mr. Chairman, there can be no question in my mind, 'holds good. Now, would it not be wiser to abandon the work and let nor, I presume, in the mind of anyone here, that what the gentleman the $290,000 go than to spend $430,000 additional upon it? - says is true; but, nevertheless, this proposition is not in order. It is Ur. BURNES. For an answer on that point, I will refer the gentle­ clearly a proposition to construct a new light in a different place and man from Kentucky to the gentleman from California [Mr. 1\IoRRow]. disconnected entirely with the old one. It has not been considered by Mr. l\IORROW. 1\Ir. Chairman, this light is pro}>a.bly one of the the Committee on Commerce; it comes here .directly; it is neither an most important on the Pacific coast. Thelight·house is being built upon urgent deficiency nor is it a proposition to execute any provision of an a rock about eight miles out in the ocean, where it lies directly in the appropriation already existing under the law. It is a proposition for a track of all the commerce of the Pacific coast from California to Ore­ new work. The present structure is about to be washed away and the gon, Washington Territory, British Columbia, and Alaska. The fact danger is so great that the light upon it has been discontinued, and that the light-house is being constructed upon a rock, which had been now they want to erect alight on the shore, wh~ch they say will be of placed iD. condition for the ~uperstructure, has been one of the re!l.Sons greater value than the oM light-house. I have no objection at all to why the original estimate bas proved insufficient. This work is being the -.wrk; I presume it is a work of great necessity; but under the constructed under the direction of one of the best offieers in the service, rules it must go to the Committee on Commerce and be authorized and who has now made a careful estimate, and I have no idea that any defi- established before we can appropriate for it. ciency can arise hereafter. , ' The CHAIRMAN. The Chair sustains the point of order. When this light-house is completed we shall have there one of the T1ie Clerk read as follows: most interesting structures of the kind in the world. It will be most Northwest Seal Rock light-station, California.: For continuing the construc­ valuable for the safety it will give to commerce; for to-day Teasels pro­ tion of a. light-house on Northwest Seal Rock, off .Point St. George, California, ceeding from San Francisco to Oregon go out of their regular course in Sl50,000. foggy or stormy weather some twenty or thirty miles in order to m·oid :M.r. CLAUDY. Is not the amount proposed to be appropriated for this Northwest Seal Rock. It was for years a matter of discussion why this light-house in excess of the estimates? the Government of the United States failed to place a light-house there, 1\Ir. BURNES. The gentleman is speaking of the Northwest Seal such a work being so si,oonally necessary for the commerce of our coun- Rock light-house? try. . l\1r. CLARDY. Yes. I have a very careful sbtement from the engineer in charge of this Mr. BUR.NES. One hundred and fifty thousand dollars was the work, and from this st-atement it appears that a p:ut of the present de­ original estimate. ficiency is due to the fact that from the insufficiency of previous ap­ M.r. CLARDY. I will ask my colleague if the amount estimated was propriations the work has at times been suspended during the sea on"' not $333,000, and if there has not been already appropriated $290,000; in which it should properly have been done. In this report the engi­ so that this $150,000 additional would make the total appropriation ex­ neer points out how during the last year some $30,000 or $4.0,000 1n ceed the amount of the estimate? plant was destroyed because of the fact that the appropriation ran out, Mr. BURNES. The facts are these: When this light-house, on the and it was necessary for the time to abandon the work on tbe rock. northwest coast of California, was established it was established on an I am glad that the Committee on Appropriations has adopted tho estimate that the entire cost would be $333,000. Of that amount $290,- most economical method to secure the completion of the structure by 000 has been appropriated, and nearly an of it expended. It is now appropriating at Qnce the necessary amount so that the work will not estimated that the total cost will be $721,000, whereas the original es­ be again suspended in consequence of insufficient · funds, and that tho timate was $333,000 . . tools and other appliances may not be allowed to go to ruin, or be l\1r. CLARDY. When was this increased estimate for $721,000 washed away by the sea. This appropriation, Mr. Chairman, is one in made, and by whom'? the intel'est of economy, and the Committee on .Appropriations has "Mr. BURNES. lly the Department; the estimate comes from the acted wisely in reporting the appropriation as recommended by the De­ Ligbt-IIouse Board. partment. 1888. CONGRESSIONAL RECORD-HOUSE. 1243

I take the liberty of appending to my remarks the recent report of From this time the workwe.""lt on smoollilywithout special incident; though during all of July and part; of August there was a good _deal of ti.J:?.e lost from the the engineer in reference to this work: strong northwest winds, for the prevalence and seventy of w hlch the summer OFFICE OF LIGHT-HOUSE ENGINEER, TwELFTH DISTRICT, was remarkable. .After .July 4 four men were lefl; on the rock in a cabin, which · San .Francisco, Cal., November 17, 188'7. was set on posts above the cistern space, and strongly secured against the ver­ tical cistern wall, with tlle roof about flush with the highest part of the rock, Sm: As I am soon to be relieved in charge of this office, I have the honor to This was a great help, because steam could be gotten up and the working party submit the follow~g reportJ.. bringing to· date the. hist~ry of the work for the landed by the big derrick on days when this would have been otherwise im- new light and fog-signal on :::;t. George's Reef, California. possible. .. An appropriation of Sl20,000 became available on March 4, 1887, and under During July we got but fifteen working days; and of the whole perlod from date of March 7 a. project for the season's work was submitted to the board and July 1 to September 26, when work was discontinued, there were fifty-seven approved by its telegram of March 19. good days, fourteen days when the men landed but were driven off, R?d seven­ 'Vork on the rock itself had been virtually suspended, by failure of sufficient teen days when no landing was attempted. The total amount of matertallanded appropriation, since the au~n of 1883, ~nd for _the sam~ reasons our operati<;ms on rock was 4. 196 tons, and the number of cubic yards of masonry laid was1,729: were limited to the quarrymg and cuttmg of stone w1th a small force durmg On the 15th' of September the last dimension stone for the season was laid, the good working months of 1884 ~md 1885, and had been totally suspended since finishing the eighth course. The masons were then put on the rubble backing November, 1880. and the cistern face walls, which were finished to top of the eighth course on Doring this long interval an expensive plant in rope, tools, etc., had so dete­ the 22d. The landing stage was then filled in with concrete around the piles to riorated as to need almost complete renewal; spars for derricks and buoys had a depth of about 8 feet; the small derricks, engine, and other portable plant, rotted· landslides had filled up our cuttings, destroyed our tracks, derrick land­ were taken off the rock, and the boiler made secure in the cistern space. ings, ~nd other arrangements for shipping materials at the quarry; and the It had been intended to fill the cistern space entirely with dry rubble, but piles of the wharf at the depot had been so eaten by worms as to be useless. through a misunderstanding tbe necessary material was not sent out from the We had prepared; with the exception of a small quantity of rubble, sufficient depot, and this idea could only be partly carried out. It has been found, how­ stone to completetheeighthconrse of masonry of the pier, which would involve ever that the pier wall so far built breaks the sea considero.bly, so it is believed the transportation to the rock of over 4.,000 tons of material, and was, in my judg­ that 'very little solid water will fall into the cistern space, and though I should ment, all that we could hope to accomplish during the working season. prefer to have had it filled, I do not think any harm will come from the present The re-establishment of our facilities for preparing and handling material on Humboldt Bay, the accumulation of the extensive and costly plant necessary, condition of things. Everything possible having been done for the security of ~he work, on tf:e and the relaying of the moorings involved the expenditure of much time, and evening of the 26th the Sparrow was cast loose from her moormgs and taken m needed to be hastened to the utmost, if we were to hope for the fnll use in actual tow by the Santa Maria. Reaching Humboldt Bay the 27th, the Santn. Maria. construction of the short working season at the rock. was discharged, and a force set to work stripping and clearing up the Spar- In my·project, therefore, I ltsked the board's authority to employ hired labor row, which was turned over to her owner on the 30th. • and make purchases in open market during these preparations. Work at the .At the beginning of the season the dimension stone for eighth course was in rock by other means than hired labor has always been regarded a.s out of the store at the yard, but the rubble needed was all at the quarry with the exception question, in view of the numerous contingencies to which it ill subjected; but of some 5,000 cubic feet still to be cut. Most of this backing was prepared by the with the project was submitted a draught of specifiCa.tions under which it was men sent up to form the rock party. While the moorings were being laid, and proposed to advertise for bids for the transportation from our depot in Hum­ during the construction work at the rock, the parties left on shore were almost boldt Bay to the work. • exclusively employed in handling material. Some additional backing was, On receiptor the board's nppro>al of the various recommendati?ns in t1;te however, gotten out, and one stone-cutter was kept at the yard preparing di­ project, orders were at once telegraphed to Humboldt Bay to begm work m mension stone to be used in case of accident to any of those shipped. accordance with full written instructions which had been sent beforehand, and At the end of October the following quantities of material remain on hand: on the 21st of 1\Iarch a force began clearing out the quarry, repairing wharf, preparations of spars for buoys and derricks, and overhaul of tho long-disused Cubic feet. plant and rigging. Cut dimension stone at yard...... , ...... 2, 275 The schooner Sparrow, of about 200 tons burden, was chartered in Humboldt Uncut dimension stone at yard...... 1,100 Bay on the 29th of 1\!a.rch, and the same day we began to fit her ou!i as quarter· Uncut dimension stone at quarry...... 230 boat, with eating and sleeping accommodations for a force of fifty to eighty men. A large miscellaneous a sortmentoftools, rope, blocks, chain, iron work, and ~~~b~hl~ ~~a~~y·.:::::::::::::::::::::::::::::::::::·.::::::::::::::::::::::::::::::::::::::::::: ~ ~ a powerful steam-winch for use on the depot w barf were purchased and shipped The season's work, in spit~ of more than ordinarily bad weather, was com­ by the steamer Santa Maria. which had been chartered to lay moorings and set pletely successful. derricks at the rock. She left San Francisco on this errand on the 5th of April That no se1·ious accident happened, and no material of any kind was damaged for Humboldt Bay. or lost, and that not one of the large face stones, weighing from 2 to 6 tons, was On the lith of April bids in answer to advertisement published 1\Iarch 23 for even chipped in all it>9 handling, speaks of itself for the care and skill displayed transportation of material were publicly opened,and the results reported to by the superintendent of construction and his subordinates. the board by letter the following day. There were only two offers, one for the For stone cutting it can be said that in this curving wall, including an area of steamer Alliance and the second for the Santa Maria, which was higher for the about 6,000 square feet, with an allowance of but three-sixteenths of an inch made whole service required by about $10,000. I had no doubt that the Alliance, which for joints in the patterns, it was not necessary to use a tool on a face stone at could only carry 200 tons at a trip, would Le found unequal to the task, and be­ the rock during the entire season. lieved that the work could be done by the Santa Maria, of more than double the The expense of the work overran our estimate mainly in the setting of the size. The difference between the two offers being so large, however, I submit­ moorings, which reaches the large figure of about $16,000 in consequence of the ted the whole matter, with my views, to the board, and received instructions to terrible weather of April and 1\Iay, and the high price which we had to pay for make contracts with theownerofthe Alliance, which were accordingly entered the charter of a suitable steamer. ' into 1\Iay 12, 1887. There are submitted herewith two tables, the first showing generally the ex· The party on the Santa Maria experienced almost continuous bad weather, penditnre on the work to date, aggregating SZ73,434.48; the second, in detail the and made but slow progress with the moorings up to May 1, when it became expenditure subsequent to the passage of the last appropriation, aggregating necessary to return to Humboldt Bay for various supplies. The quarter-boat Sll3,348.38. Sparrow having in the mean time been fitted out, was taken in tow by the Santa If the masonry laid last summer resists uninjured the winter storms, the work Maria on her return to the rock and placed at the moorings there on the 11th, has passed its experimental stage, for the system of construction can never be so not to leave them again till the closeof.the season's work. severely tested again. The pier, even in its present condition, has been found The moorings being all in position, on the 18th of May the Santa· Maria was to so break up the sea from the north and west that it will be possible next sea­ discharged, and the working party taking up their quarters on the Sparrow son to keep the working party altogether on the rock. spent the rest of the month in setting up and rigging the four small derricks, The existing landing stage, which is the only available space outside the pier bnilding a landing stage outside the pier outline, setting up and connecting outline, is at the level of the cistern floor (25 feet below top of rock). This an­ boiler and engine, and other gene1-a.l preparations for receiving and handling swered for last summer, but'now that the work is higher it will be economical mate rial. to raise the landing stage 20 feet so as to reduce the lift-s with hand-power der­ The big derrick mast 20 by 20inches, standing since .June, 188-!, was found badly ricks after the material has been landed by steam. It is proposed to fit this cracked by a blow of the sea at a point some 4.0 feet above its level, and had to space between the two levels of the landing stage as men's quarters, and be­ be fi bed with iron -bands. The benches as left in the autumn of 1883 were lie>ed that this arrangement can be mnde amply secure for the working season. practically uninjured, though a good deal of material had washed out of the A suitable quarter-boat costs nearly $1,000 to fit out, and her expenses for vertical walls left stan din~ around the cistern space, which had ;Probably been charter and crew will be about $1,500 a month, beside which the outfit in rope somewhat shaken in blastmg. to enable her to lie at the moorings will annually amount to nearly 83,000. Be­ Tl10 contractor's vessel, the Alliance, was detained in San Francisco by a sides this direct saving in having the men on shore there is the time saved in trouble, discove1·ed at the last moment, with her boilers, until the 28th of May. gett-ing the men on and off with the derrick, a.nd days gained when work can She was loaded for her first.trip to the rock on June 2; but on arriving there be done though landing would have been impossible. was found so badly fitted for her work that it was necessary to lei..:d her gear It will be an advantage also to be entirely clear of the contractors for trans· and the services of our own riggers before the material could be gotten out at portation, if, as I suppose, this work is to be done by contract. During last sea­ a.l.l. son, with two vessels together at the. moorings, it was constantly necessary for The first stone in the work was laid the morning of the 7th of .June, and by self-preservation for our men to give the contractor help, handling lines, mak­ the evening of the 9th the Alliance had discharged her 200 tons of freight. On ing fas~. etc., and in practice we had always to give their vessels our hawsers to the 11th all the material siie had brought was in place in the pier and the con­ the rock, which damaged them more than our own use. struction party out of work. This first voyage of the Alliance proved beyond At the close of this yea1"s work we had only a balance of about $16,565. . question that my fears, expressed to the board before making the contract, that Next session of Congress, being a long one, we can not expect new money she would be found une~ual to the task, were well founded, and that if we were before July 1. Notwithstanding this, I think that if money is available a good to hope for success additiOnal m~ans of transportation must be at once secured. season'swork can be done next year. Ourmoorings next season willonlyneed It showed further than this, tha t with sufficient transportation our arrange­ s light repairs; and these can be made, the proposed workmen's quarters built, ments at the rock would enable us to lay the eight courses planned for the sea­ d erricks and engines set up--in all probability during the first three weeks of son almost beyond a doubt. July. In the same time contracts or other arrangements can be made, and ves- • Under date of June 15 I telegraphed to the boa rd a full a-ccount of the state sels in readiness in Humboldt Bay to begin the transportation, so that we can of affairs, a nd in reply received authority to char ter the Santa Maria for $7,000 secure the eight or nine best weeks of the season, during which last year the per month to supplement the services of the .Alliance, butasthefirst-named "t"es­ bulk of our work was really done. Of the 4.,196 tons of material landed last sel was then under another charter I could not secure her services before July 1. summer 3,386 tons were landed after July 20. The month of June, after the firsttripofthe Alliance, was almost an incessant With the advantages of height of pier already built, and wen living on the storm. Reach ing the rock on her second voyage, the 15th June, a gale sprung rock, I have little doubt that we could handle 5,000 tons next season, even with up a ft er she was moored, and on the night of the lflth, through the parting of the time thus shortened, which finishes pier to boiler-room floor; and I am also some of the Sparrow's lines, the two v~<>els narrowly escaped destruction by confident that with the little start we gain with funds now available, we could collision. On the 17th the Alliance mamtg ed to slip and get clear, lay fotir days supply the necessary material by pushing things at the quarry and yard. The for shelter in Crescent City roadstead, and was fina lly discharged on the 22d. doubtful element is in the transportation,which will have toP, e.rn.ans.ged better During the storm on the 19th, one of the dimension stones on the north face, than last year t-o carry out this programme. nearly 30 feet above the sea, and weighing over 2 tons, was w ashed out of its Whether this service is to be performed by contract or by hired labor, the sery­ bed,'t ipped over,against the back of the bench, and broken. 'The men had been ice of two >easels, each ·with a capacity of some 400 tons dead-weight cargo, will forced ofl' the rock before they had time to put in the dowel. be absolutely necessary. On the 27th the Alliance reached the rock on her third voyage; but incessant Last spring the demand for vessels of every kind was something unprece­ northwest gales' prevented her from discharging until tbe 8th of July on which dented and rates for charter and freight higher than known before. This was date the Santa 1\Iaria. made her appearance with her first cargo. ' the reason why I received only two bids for the transportation, for a. number of

. 1244 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15,

responsible persons anxious to bid were prevented from doing so because they I have endeavored throughout the calculations to give outside figures, and it could not get vessels. To meet this demand a large fleet of steam schooners has is possible that with sufficient appropriation and favorable contracts for trans­ been launched this summer, all vessels quite suitable for our work, and while portation they may be reduced a little; but it is, on the other hand, certain that it is impossible to predict whether or not the p~;esent extraordinary" demand for if sufficient annual appropriations are not granted the cost will be materially lumber in Southern Oa.lifornin will continue undiminished, lam inclined to the increased. opinion that next year will be a more favorable one than last for a good con­ The history of this construction presents In a striking way the evil results of tract for transportation, or the charter of the necessary vessels to do the work the existing method of appropriatiou for public work. The first appropriation ourselves. was ~o !!mall that it was necessary to wait a year for another before beginning. No detailed estimate has been made, in my knowledge', for the total cost of The sum of the first two appropriations was still scanty, and in consequence this light, and in the lack of experience which is now gained, no such detailed there was an unavoidable lossoftwogood months of the shortworking season. estimate with good claims for accuracy would have been possible. The third appropriation was so small that H compelled the giving up of vessels I have had this estimate of the cost now required for completion prepared under charter and fitted for our service at much expense, the disbanding of a with much care, and the results are submitted in table No.2, herew1th. The laxge skilled force, and the abandonment to destruction and depreciation of a. cost of all materials as given in the first column is computed on the light-house costly plant. _ wharf in Humboldt Bay, and the transportation and labor at the rock then For one year more the work dragged on w ilh scanty funds, preparing material a.ddedin the last. The pier itself now remaining to be built is figured on course at an exaggerated cost for superintendence; another year was totally suspended, by course, and then the tower is separated into two parts, the first from top of and then an appropriation sufficient to justify work finds us unprepared in pier to top of ground floor, the second from thence to top of tower. The stone­ every way, and forces the costly haste of last year's preparations for the full use work is kept by itself in the upper part of the table, and then follow the miscel­ of the working season. laneous items of iron-work, wood-work, boiler, and machinery, lens and lantern. The work is now again nearly out of money; and as the neit is a long session Separate small tables show the details of cost of cut stone, rubble, etc. 'l'he of Congress, >aluable time must again be lost next summer. In what has so far calculations are based on the adopted form of pier outline, carried to the top been spent I can show the loss of over $30,000 in items which can be closely fig­ with rubble backing; and the general plan of tower shown on the board's ured upon, which has been absolutely thrown away in preparations afterwards drawings, with Sli2'ht modifications in the latter to reduce to practicable dimen­ made nseless by failure of appropriation, and in repairing damages of all kinds sions stones shown of excessive sizes. due simply to delay. Besides this, there is the indirect damage uncertain in The labor of masons and stone-cutters is arrived at by adding to what the cost amount, due to exaggerated cost of superintendence and other afsadvantages1 would be on shore the percentage shown to be necessary by the working days inseparable from the endeavor to carry on extensive wol"k with scanty and in­ lost last season. termittent means. I have included in the estimate one important modification in the general plan The light was decided upon and sanctioned by act of Congress in 1881. Hnd which will increase the cost by some $10.000, but which will, !think, be found sufficient appropriation been granted from the outset the light and signal could necessary. have been put in operation last autumn at a less gost by from $30,000 to $4.0,000 It was proposed to cover the opening above the boiler-room in the top f.l.oor than is now possible even should Congress give all the remaining money needed of the pier by an iron skylight with heavy glass in it. This is at an elevation in two successive appropriations. of only 70 feet above the sea, and the roof of the fog-signal at Tillamook. 110 I think I have succeeded in making plain the reasons for my 1·ecommendi:L· feet above the sea, has already been smashed in during a storm. The skylight tions that Congress be asked at the coming session for an appropriation of will certainly get heavy blows, and will be, I think, a very bad arrangement $200,000 for continuing construction of the light on St. George's Reef. for both light and ventilation. I strongly recommend a stone house like the Respectfully submitted. deck-house of a steamer, forming an addition to the base of the tower and ex­ A. H. PAYSON, tended around this opening over the boiler-room. Captain of Engineers, Engineer Twelfth Light Home District. 'Vith such a house the shutters or.windows can be left open on one side or the other, when without it the covering over engine-room would have to be OHAmMAN oF LIGHT-HousE BoARD, battened down like a ship's hatch, The item is by itself in the estimate. Washington, D. C. The transportation from Humboldt Bay to rock is put at $10 per ton, and as the The CHAIRMAN. There is no amendment pending. The Clerk total amount remaining to be done is over 14,000 tons, the figure adopted for this service bas avery important bearing. To t~ose unfamiliar with the condi­ will continue the reading of the bill. tions of this case, $10 a ton for 60 miles of water carriage seems exorbitant, but Mr. BURNES. I move the following amendment. we have a bad bar-harbor at one end of our line, a rock in the open sea at an­ The Clerk read as follows: other, and only about nine weeks in the year when we can really count on smooth weather. On page 7 strike out all after the word "dollars,'' iu lines 1, 2, and 3, and in­ The contractor's vessella.st season could land only400 tonsduringallof June, sert as new paragraphs the following: and was on one trip obliged to wait eleven days before getting to the moorings. "For erecting two fire-escapes upon the buildings of the Reform School, of de­ It must be remembered also that in spite of these drawbacks we must not only sign aud character to be approved by the building inspector of the District, $100. have the material landed, but it must be landed rapidly and in sufficient quan­ •'That one-half of the foregoing amounts to meet deficiencies in the appropri­ tity to keep the rock gang busy. One large vessel will not do since we have only ations on account of the District of Columbia shall be paid from the revenues of space to store between 200 and BOO tons of material at the rock; and, furthermore, the District of Columbia, and one-half from any money in the Treasury of the because the vessels used last year were about as large as can with safety be United States not otherwise appropriated." handled at moorings in the open sea. Two vessels therefore must be used and The amendment was agreed to. two vessels lie idle during the many days ofba.d weather. Before work began last summer I made a detailed calculation of what this The Clerk read as follows: work would cost with ordinary chances of weather if we did it ourselves, char­ Increase of water supply, Washington, D. 0.: To enable the Secretary of War tering two steamers, and it callle out something over $9 the ton. Two bids to complete the work of increasing the water supply of the city ofWilBhington, were received-one ofS10 from a man who ha-d had a contract to land material under the act entitled "An act to increase the water supply of the city of Wash­ on Tillamook under more favorable conditions as regarded a harbor, at $12 per ington, and for other purposes," approved July 15,1882, namely: For completion ton, and the second from persons quite inexperienced in the matter, at varying of lining of the tunnel, $297,750; for completing shafts, west connection, and for prices for the different classes of material, which made their bid, from the superintendence and engineering, ~.250; and for general contingencies of the amount actually paid them, $7.26 per ton. Their vessel proved entirely unequal work, ~.ooo-in all $351),000, said sum to be subject to all the provisions and re­ to the work, and I was obliged to charter another to assist her; but I have good strictions of the said act of July 15, 1882, and of the act approved July 5, 188! mak­ reasons to believe that, while only obliged tocarrywhathe conveniently could; ing appropriations for the expenses of the government of the District of Colum­ the contractor made no money, or lost some in the business. At all events he bia, as to its apportioqmcnt and settlement between the United States and the was glad to give up one load which he might have taken in the latter part of District of Columbia, and the refunding thereof. The work above provided for the season. to be done under the contract heretofore made or by a reletting, as in the discre­ By the chartered vesselSantal\Iaria our transportation cost us $9.09 per ton in tion of the Secretary of War shall be most promotive of the interest of the Gov­ the best part of the season, with a master probably as capable:a man for the busi- ernment: PrO'Vided, That no contract shall be made at prices greater than the ness as could be found on the coast. · prices allowed under contract under which work has been heretofore done on If our working time were to be limited to nine weeks before October 1, I think said tunnel. a contractor could make money at $9, or perhaps $8 per ton; but if he is to work from June I, I don't believe that any man of good judgment and the necessary Mr. RANDALL. Members who have read the report-of the com­ experience would offer to keep two vessels going and do it for less than $10; mittee in this connection will remember there were some strictures and I believe, ftirther, that if we charter vessels and work without the stimulus made on some officers of the Army heretofore connected with this work. of a co"ntract during the same season it would not cost us much if any less. It is to be remembered that there is a large element of risk of a total loss of These strictures have been taken by the officers involved as nnj ust. The vessel and cargo, and a still larger one of costly accidents, which all have to be attention Qf the committee was called to that part of the report, and figured on by a contractor,-who can not for such services insure his vessels to by a supplementary report the cause of irritation was intended to be their full value. The transportation being by Uself in the estimate, such weight as is desired removed entirely. Whether it has been or .not it is not necessary for can be given to these considerations, and the resulting modifications of my to­ me to say, but it is but just I should cause to be read as part of my tal figure easily arrived at. Oertain figures of the estimate can only be reached remarks in this connection two letters from one of these officers, so they by assuming a certain time for the completion of the work. Rope, a very costly item, can hardly be used more than one season; ship-chandlery and iron-work may, in justification of his conduct in that connection, be placed upon rapidly deteriorate with the rough usage received; and the annual maintenance the public record. of the moorings is very expensive. The wharf in Humboldt Bay, already once I wish to say, in addition, that in all my intercourse as an official in rebuilt, will only last from three to four years; the time assumed in my estimate is three seasons, including the short one of next year; and in this I think the this House with that gentleman he has appeared to me to be an intel­ station could be doubtless completed ifsufficient funds are granted. One of these ligent man and an able engineer, and strictly upright in all his deal­ items, based on three years' construction, namely, the maintenance of moorings, ings. over $30,000, will doubtless seem excessive, but I do not think it can be reduced. - The clmins in use will, with some repairs, do next season, but &fter that I think The Clerk read as follows: · they will have to be discarded and new ones bought. The sum named includes UNITED STATES ENGINEER OFFICE, also the necessa.1·y service of a steamer, and this year alone the work on the Pensacola, Fla., February 10, 1888. moorings cost, with steamer, about $16,000. - DEAR SIR: I have this day received a copy of report submitted to accompany The grand total of the estimate is in round figures $448,000, which, with the ex­ bill H. R. 6437-urgent deficiency bill-February 1, 1888, which contains severe penditure to date of, say, $273,000, gives us for the station complete $721,000. This strictures upon myself. This censure.rests upon a statement of fact which shows figure may be thought surprising, but the general plan adopted before work that your committee h~ve been grossly deceived. .A.~ the victim of this deceit, began has not been departed from hitherto, and no changes for the future are I earnestly request that I may be given an opportumty to appear before your recommended beyond the e.xtension of the tower base over the boiler-room, be­ committee and state the facts, with a view to such action as your committee may fore mentioned. deem proper in the premises. The work, in apite of its.dangerous character, has so far been carried on with­ I propose to show that whereas the. responsibility fol:' the defici~ncy in the out costly accident of any kind, and the fortunate discovery of granite on Mad estimates for the extension of the W a.shington Aqueduct 18, under th1s statement River has enabled us to have our cut dimension stone ready for shipment in of fact, attributed to myself: . . Humboldt Bay at a cost per cubic foot hardly greater than the rough granite First. The work has been done under a plan of constructiOn totally different from the Sierra, which it was originally int~nded to use, would have cost us on from that presented to Congress as the basis of my estimates of 1879, and upon th~ wharf in San Francisco. In fact, it may be said that with a good general which the appropriation for this work was predicated. knowledge of t.he governing conditions, a cautious estimate for this work at the Second. The appropriation was made July 15, 1882. The c~rge ?f the wor~ outset would have given even larger figures than my own as now submitted was given to M.a.j. G. J. Lydecker Augustll, 1882. He subnntted h1s own prOJ• with the advantages gained in two seasons of actual work. ector plan for the work October 5,1882, renewed his recommendation of tho·

• 1888. CONGRESSIONAL RECORD-HOUSE. 1245

S.'\me July 14, 1883, and advertised for proposals for construction in accordance the purpose. The evidence of the air shafts was not waited for. That a. serious with his project August 29, 1883. I was detailed as Major Lydecker's assistant; error of judgment was made as to the soundness of the rock appears in the an­ was never.connected with this work in any other capacity, and was removed nouncement·, August 12, 1885, of a deficiency of $395,000 on the tunnel after Major from this position by l'llajor Lydecker, being replaced by Lieutenant Symons Lydecker had reported, August 11, 1884, while the tunnel was progressing from January 4, 1884 before the tunnel was commenced, Thereafter I had no official every shaft, as follows: . . . . . connection with this work, but protested against the method of its execution. •• Our expectations as to the feasibility of the tunnel and the probabil}tY of car­ Third. Mr advice has been utterly disregarded in carrying on the work, and rying it in good rock have been more than realized. the result IS only the abortion of what I advised while acting as Major Ly­ • • * * * * * decker's assistant. •· From present indications it may be fairly a.ssumed that, excepting the de- It is a perfectly fair rule that the officer in charge of a. work is entitled to all ficiency before referred to in relation to the land for reservoir, the amounts !1-1· the credit for the success of the plan he adopts, because he alone is responsible ready appropriated will serve to comple~ the several parts of the work of .m· for its failure. It is, therefore, unjust and undignified to plead the advice of a. creasing the water supply; at least there IS no reason at the present for asking subordinate in the event of failure; nevertheless, I would myself have volun­ any additional appropriation." . . . teered this plea in behalf of the responsible officer in charge had my advice With the announcement of a defic1ency, three years after hiS as.~ngnment to been acte d upon. As it was disregarded and myself excluded from the direction the charge of the work, comes the first allusion by Major Lydecker to my con· of the work, I have no responsibility whatever for the result. nection with the original estimates. In his annual reports of 1883 and 1884 he Very respectfully, your obedient servant, speaks of the work only as "my project." In connection with the former he R. L. HOXIE, declined my offer to present the usual report of an assistant, so that I had not Captain of Engineers, Unwed States Army~ the en tomary opportunity for putting my opinions on record while connected Ron. SAMUEL J. RANDALL, with the work. Chairman OommiUee on .Appropriations, I cite the foregoing facts, not in vindication of the soundness of my advice to House of .Representative~, Washingt{)n, D. 0. 1\iajor Lydecker as his assistant-that is not here an issue-but to show how wide was the departure from that advice in the work actually done. . R. L. HOXIE, UNITED STATES ENGINEER OFFICE, Captain of Engineers, U. S. A. _ Pensacola, Fla., February 11,1888. DEAR Sm: I inclose herewithamemorandumoffactsdesigned to accompany :Mr. BUR)TES. .As a further evidence that the committee did not my letter to yourself of the loth instant, but not completed in time. Will you desire to do any injustice or to criticise these gentlemen, I ask to have kindly consider it as a part of that letter, to be considered in connection there- with? ~ printed as part of the proceedings the supplementary report ofthe com­ . Very respectfully, your obedient servant, mittee. R. L. HOXIE, There was no objection, and it was so ordered. Captain of Engineers, U. S. A. Ron. SAMUEL J. RANDALL, The report (by ]'yfr. BURNES) is as follows: Chairman Committee on .Appropriations, The Committee on Appropriations submit the following as part 2 of the Report House of .Representatives, Washington, D. C. No. 208 presented to the House on the 1st instant, accompanying the bill (H. R. 6437) to provide for certain of the most urgent deficiencies in the appropria­ [Memorandum to accompany letter of February 10, 1883.] tions for the service of the Government for the fiscal year 1888, and for other The estimates submitted in 1879 contemplated the extension of the aqueduct purposes. by a brick conduit, with some slight tunnel work, perhaps,as an incident. Ref­ Since the bill named was reported the committee have received, by the refer­ erence to the report of 1879 will show that the crossing of Rock Crek by "a tun­ ence of the House, and have considered House Executive Documents Nos. 95, nel" was simply an alternative proposition, the language of that report being 105, 125,131,134,135, and 136, and, based upon the said executive communications as follows: and House Executive Document No. 30, the committee recommend the follow­ "Rock Creek may be crossed either by a. gang of large cast-iron mains laid as ing amendments to the bill, namely: siphons through the bed of the creek, or by a. tunnel through the compact rock On page 7 strike out all after the word "dollars," in lines 1, 2, and 3, and in- which underlies this stream. If borings in this rock are satisfactory, the latter sert as new paragraphs the following: . m ethod is, I (Captain Hoxie) believe, the best and cheapest." •' For erecting two fire-escapes upon the buildings of the Reform School, of de· The modification of the estimates of 1879, on which the appropriation was sign and character to be approved by the building inspecpor of the District., SlOO. made inl882, consisted solely in their increase to the extent of 10 per cent., in "That one-half of the foregoing amounts to meet denciencies in the appro­ order, as stated by the then engineer commissioner, to make allowance for the priations on account of the District of Columbia. shall be paid from the revenues rise that had taken place in the value oflabor and material, It had absolutely of the District of Columbia, and one-half from any money in the Treasury of the nothing to do with changing from the plan of work submitted in 1879. UnitedSta.tes not otherwise appropriated." I explained to Major Lydecker in 1\iay, 1882, before this work was assigned to On page 8, after line 13, insert the following: • him, at his request, the plan which I then thought best, and which had been ap­ "For needed repairs and improvements on the old Museum building and an­ proved by 1\Iaj or Twi Ding. This was a continuous rock-tunnel forced conduit, nex, on Tenth street, between E and F, now occupied by the record and pension under heavy internal pressure, placed wholly in the gneiss-rock formation division, Surgeon-General's-Office, as follows: which underlies the District of Columbia, and below the general limit of surface "For new steam heating apparatus, including necessary pipes and radiators, disintegration. The success of the plan depended wholly upon the latter re­ $2,500. quirement. "For new plumbing throughout, $2,000. Soon after he assumed charge of the work I was detailed as his assistant, and " For wood-work, including the repair of floors, windows, doors, and water­ in accordance with his specific instructions conducted an examination to as­ closets, $>00. certain, by sinking one shaft, and from surface indications, the depth from the "For calcimining walls, ceilings, hallways, and repairing plastering, $395. surface of the ground to the underlying bed-rock and the probable character ''For necessary painting of wood and iron work, including cases, shelving, - of the rock. I reported the facts to him July 7, 1883, having ascertained them and necessary glazing, 5500; in all, $),895." at the risk of my life. On page 10, after line 2, insert the following : I made the first draught of the specifications for the tunnel, requiring all shafts "For completing the construction and for maintenance of a military telegraph to be sunk until 30 feet of sound rock could be had above the roof of the tunnel, line from San Francisco, Cal., to a point at or near Point Reyes, California, via. · assuming a theoretical depth of shaft as a; basis of award of contract, but re­ Point San Jose, California, $2,474.75. 0 quiring that the tunnel should be driven at any other depth without increased On page 14, after line 11, insert the following : cost of the tunne} to the United 'States. These specifications were recast by "This amount for pay of special agents and necessary expenses to carry out Major Lydecker, retaining this vital feature. the provisions of section 3 of the act approved February :8, 1887, entitled 'An act January 4, 1884, I received, without warning, the following order: to provide for the allotment of lands in severalty to Indians on the various res­ "OFFICE OF THE W.AEHINGTON AQUEDUCT, ervations, and to extend the protection of the lljows of the United States and Ter­ " Washington, D. C., January 3, 1884. ritories over the Indians, and for other purposes,' $10,000." On page 15, after line 13, insert the following: "Order: First Lieut. Thomas W. Symons, Corps of Engineers, having by di­ "For compensation of clerks in post-offices, $100,000. rection of the Secretary of War, reported to the undersigned for duty upon the "For rent, fuel, and light, 52-5,000." · Washington aqueduct and the extension thereof,·is hereby assigned as superin­ On page 16, after line 1, insert the following: tending engineer on the work, and as such will assume control of q.ll active "Support of convicts: For the support, maintenance, and transportation to and operations relating thereto. He will be obeyed and respected accordingly, and from the penitentiary of convicts from the District of Columbia, to be expended to that end all employes will report·to and receive their instructions from him under the direction of the Attorney-General, $15,000." direct. On page 18, after line 4, insert the following: - "G. J. LYDECKER, "Salary of circuit judge: For salary of the additional circuit judge in the sec- "MaJor of Elngineers, ." ond judicial circuit, authorized by the act approved March 3,1887, $6,000." Lieutenant Symons took immediate possession of my desk at the aqueduct On page 23, after line 11, insert the following: office and I had no further official connection with the work. - "Frederick FrericliS, $10,130.32, with interest at 5 per cent. from March 10,1886. E arly in 1\Iarch, 1884, I discovered, accidentally, that the tunnel had been "George E. Hendee,$8,178.01, withinterestat5percent.from March 21.1887." started; examined the rock thrown out, found it unsound, and immediately Andon page 24, in lines 14 and 15. in lieu of the sum proposed, insert "$263,• warned Major Lydecker that he must go deeper with the tunnel. My advice 595.52." was disregarded. The committee have also considered House Executive Document No.l21, sub­ Again on March ?:1, 1886, it was brought to my notice, with apparent reflection mitting an estimate of $8,000 for an elevator in the public building at Columbus, upon myself, that the result of driving the tunnel above the general limit of sur­ Ohio, and make the same recommendation in reference thereto that they have face disintegration had been disastrous; that methods of construction had been made with reference to the estimates for public buildings submitted in House r esorted to which I deemed fatal to the success of the work; and that the cost Executive Document No. 30, namely, that unanimous consent be asked in Com­ of excavating and lining had been increased beyond that prescribed by the speci­ mittee of the Whole House to consider as an amendment to the bill the item in fi cations. I succeeded in having these questions refen·ed to the highest board question. of engineers, and this board put a stop to the faulty method of construction, but In this supplementary report the committee deem it proper to refer to so substituted a. thoroughly safe one at greater cost. This saved the work but much of the rep.ort already made, accompanying said -bill H. R. 6437, as refers to did not reduce the cost. ' the ''increased water supply,Washington City," and to add that at the first ses­ I had no other connection with this work. sion of the Forty-ninth Congress the subcommittee having in charge the Dis­ The preliminary examination had developed only the depth from surface trict appropriation bill made a. thorough investigation of the facts bearing upon of grou!ln to bed-;,;ock, with surface indic.ations and the evidence in existing the plan and progress of the work of completion of the tunnel for the water excavations as to Its character. The probmg of the rock along the whole line supply of Washington, embodying their views in report No. 3109 of that ses­ by the five shafts and three air shafts at nearly equidistant points on the line sion. The following extract is taken therefrom: of 4 miles was indispensable as a condition-precedent to deciding upon the depth at which the tunnel should be driven. The sinking of these eight shafts "WATER SUPPLY, WASHINGTON, D. C. should have been supplemented, if necessary, by deep boring at these points "The amounts recommended under above head are in accordance with the es­ with the diamond drill, a cheap and common method of exploring rock. If timates of Executive Document No. 39, present session. The $160,000 asked for then thought necessary, intermediate points of the line should have been simi­ the completion of the reservoir is needed, because it has been found necessary larly ex:pl

a rule, a surface conduit, to connectthe ~:risting . reservoir with the new oncs,4 be. utterly impo.ssible unless there is. this increase in the laboring force, milesdistant. Theplanfinallyadoptedwasforasiphontnnneltobesunkunder h h I - Rock Ureel>: and driven (as was expe~ted) through continuous solid rock. In Wlt t e arge mcr.ease of work reqmred there, to carry it on at all. He ·the const.rndion of the work, however, the rock has not been found continu- has asked for an increase of nine, but I propose to compromise the dif­ ously solid or homogeneous, and nearly one-half of the tunnei passes or will ference between him and the Committee on Appropriations, and add five pass through rock which softeus and crumbles on exposure to air and water. 1 b tha h · b This has compelled heavy outlay for lining these portions, and t-he method pur- a orers, so t t ey Wlll not e overworked, and yet be able to discharge sued has been to insert in the sections of the tunnel which require treatment a the work required without exceeding the hours of ln.bor required or au- brick liPing with dry stone packin{;!'. thofized by the law. . "Capt, R. L. Hoxie, United States Engineers. having submltted to the commit- I d b h tee some written strictures on this method of lining, and maintained that aeon- o not elieve, in t e present condition of the country, that the crete lining would be safer and cheaper, he was given a full hearing before a House of Representatives can afford to insist upon laborers workincr on subcommittee, and the engineers in charge, Maj. G. J'. Lydecker and Capt. T. W. Department work' a longer time than is required by the law itself,l:>and Symons, we1·e also examined in defeuse of their plans. General M. C. Meigs, d · · Col. Thomas L. Casey, Lieut. Col. w. P. Craighill, and Maj. William Ludlow, orng work beyond their strength, as I am informed by the chief en- United States Engineers, were also consulted upon the questions raised. -gineer they will have to do if the force is not increased. . "Thesubcommitteeinvestigatingthematter,thoughnotconvincedthatamis- I hope, therefore; that the committee will now allow this amend­ take had been made in the pL'llls adopted for lining the tunnel, but recognizing ment to be inserted,· and if hereafter it shall be :14ound that the busl·­ the difficulty, the novelty, and the importance of these questions, and the ex- pediency of submitting them to competent experts, have, in recommending the ness can be conducted without this increase, or that the force is larger amount called for by the estimates, provided that the Secretary of War shall than necessary, it can be remedied when the regular appropriation forthwith take the advice of the highest engineer board of the Army upon the bills are presented. _ . plans and methods heretofore pursued. One-half of the above sums are charge- able to the District of Columbia." Mr. BURNES. Mr. Chairman, I differ with my good friend from New In neither the report from which the above was taken nor that to which this Hampshire with very great regret; and will content myself now with is supplementary was it intended to point out or determine either the merits or simply calling the attention of the committee to the present force in demerits of the plan or plans of the work as adopted, nor was it the purpose or ~ intention of either committee to cast blame upon or award praise to any par- charge of the building, which force we think is amply sufficient to take ticular person or persons for the part taken by him or them in either the incep- care of the corridors and sidewalks. Now, when I read this list you tion or prosecution of the work. Beyond the errors, whether at the inception will b · · d th t th' fi f d h th' t or subsequently,which experience has demonstrated, and t.he inequality of esti- ear m mm a 18 orce 0 men an women ave no mg 0 mates, which appropriations, made and vow to be made, have established, the do with the rooms. They do not enter them at all. There is another subject need not in this paper be pursued. force, an inside force, having charge of that work. The persons referred Tbe names of Capt. R. L. Hoxie, Maj. William Twining, Capt. T. 'V. Symons, to here are for outside work alone-for the pavement and in the cor­ nndMaj. G.J'. Lydecker,a.ll oftheCorpsofEngineers of the United States Army, were mentioned in the reports, and each had mm·e or less to do, at one time or ridors. There are employed there now: One clerk, $1,200; six ale- another, with the work under consideration, and yet a more completeinvestiga- vator-tenders, at $720 each; one chief engineer,· $1,200; six. assistant tion than bas been given and fuller knowledge of the subject might show cir- · t <:!1 000 h tw 1 fir t $720 h · f cumstances or conditions, having relation to imperfections of the science of their engmeers, a '-' ' eac i e ve emen, a eac i one captain 0 profession or to geological or other mysteries, which neither industry nor skill the watch, $1,200; two lieut-enants of the watch, at $840 each; forty­ can ascertain and determine in advance that would exonerate either one or all eight watchmen, at $720 ea~h; one carpenter, $1,000; one machinist, ofthemfromcensure. TheExecntiveDepartmentinauthorityoraspecialcom- $900 t kill d ,_b t$720 h t 1 b t$660 mittee of Congress may appropriately mak~ such investigation nnd determine ; wo s e 4 '1 orers, a 1 eac i seven een a orers, a wherein the faults properly lie. each; and fifty-four charwomen, at $240 each; making a force of one This committee has sought only to make, and now again makes, an earnest hundred and fifty-eight persons in the employ of this service. protest against the great and growing evil of careless, inaccurate, or unl'eliable If h - estimat-es of the cost of public works, upon which Congress is compelled to rely t at force lS not sufficient to take care of the corridors and pave- in the authorization of and the appropriations for such works. This evil has ments of that building and keep them clean then I admit the Appro­ grown into an almost universal custom, and in nearly all cases Congress finds, priations Committee is at fault. when it is too late, that vast expenditures in excess of estimates are required. Mr 11..r- KINNEY W 11 1 This excess is often double t-he estimates, and not infrequently is followed by · · D~C • i the gent eman yield for a question? the added burden of a suit and judgment in the Court of Claims on a careless Mr. BURNES. Yes, sir. contract. ·The alarming discrepancies between the estimated and actual cost JU+. McKINNEY. Will the gentleman allow me to mn.ke the state- of the works mentioned in the original report afford Congress an excellent op· th th' fi h' h I fi k portunity to emphasize its abhorrence and make manifest the necessity of re- ment at lS orce to w lC re er not only ta -es care of the pave- form. , ments and corridors to which he refers, but al::~o of the water-closets, The Clerk read as follows: the skylights, and the general cleaning up around the building? This War Department: small force is required to take ca.re of all the space there, covering more State, War, and Navy building: For the following additional force under the than 6 a~res in extent, and only seventeen persons to do it. superintendent of the State, War, and Navy Department building from Feb- 'Ihe gentleman from Missouri gives the force employed all around ruary 1 to June 30, 1888, namely: For one assistant engineer, at the rate of Sl,OOO per annum, and twenty-eight the building. I speak of these laborers alone. They have much work charwomen, at the rate of $2i 0 each per annum; in all, $3,203.60. to dowhich is not included in what the gentleman has suggested. Every Mr. BURNES. I move the following amendment. pound of freight that is brought into that building or taken away from The Clerk read as follows: e\ery part of the War and Navy Department is to be carlied out or On page s. after line 13, insert the following: carried inside by these seventeen men. It is not only the keeping of "For needed repairs and improvements on the old Museum building and an- the corridors and the pavements clean, but they have the skylights to nex, on Tenth street, between E and F, now occupied by the record and pen- sion division, Surgeon-General's Office, as follows: • clean, the water-closets to attend to, and they must carry out heavy "For new steam·heating apparatus, including nl!{)essary pipes and radiators, freight that comes into the building and goes out, every particle of it. ~~~r new plumbing throughout, $2,000. · If seYenteen men are able to take care of this mass of work they are " F m' wood-work, including the 1·epair of :floors, windows, doors, and water- only able todoit as I have shown you by working beyond their strength, closets, ~5UO . • working hours after the Department closes, and working on Sundays. "For cal ci ~ining walls, ceilings, hallways, and repairing plastering, $395. I d t t t dd tw h d f t lab 1 th ".Fo rnecess ~rypa~tin.gofwoodat;t:I iron work, including cases, shelving, and o no wan o a one or o ours a ay o ex ra or onger an necessary glazmg, $500; mall $5,895. the law requires other employes and laborers to work; and if the Ap- !l!r. McKIJ.>..TNEY. I move to insert 8.fter the words ,; per annum" propriations Committee think it right,'! am willing that they shall take in the twelfth line, page 8, "and five laborers, at the rate of$660 per the responsibility for it; but I will not fail in every case of this kind, annum." whenever the opportunity arises, to lift my voice against it, believing Mr. C_hairmun, it is with some degree ofhesitancy, of course, that I that the Congress of the United States and the Representatives of the attempt to amend the report of our able Committee on Appropriations, people should set an example to the people of this country not to em­ but it is well known that the force of the War Department is being ploy their laborers for longer hours than the law fixes for Government put into that portion of the building heretofore occupied by the Navy laborers, or put work upon them beyond their strength, or that we Department ; proper provision should be made for it. It is also well would not consider right and proper in any private business. known this is a building occupying the same territory occupied by .the J')fr. RANDALL. The Committee on Appropriations made a care­ Treasury Department, with the addition of being two stories higher. ful inquiry in relation to the matter contemplated by this amendment. At the present time in that building occupied by the Navy Department I am aware of the pressure made in this connection, for I have l1ad ex­ there aTe fonr acres of corridors, rooms, lawns, skylights, etc., to be perience in that direction in all of these cases where an increase is asked attended to. · The laborers of that Department onl.v number twelve. in the employes of these Departments. Now, the truth is that as a When the War Department occupies the balance of the building it will general rule all of these Departments are crowded-wit.h employes, and occupy two acres of corridors, lawns, etc., and they will have to betaken if they do the work intended by the l:.tw the force in this pru:ticular is care of by the laborers of that Department. adequate. I am in great hopes that an examination this year of the Now, the chief engineer bas asked the Appropriations Committee to numerical force of the Treasury Department, and in other Departments add cine more laborers to his force, to take cm·e of this more than 50 per of the Government) will enable the Committee on .Appropriations to cent. ofadditional work which will benecessarilycarriedonthere. The recommend a considerable reduction in their numbers. Appropriations Committee has seen fit not to do so, but to require the The fact is that these public buildings, some of them, have men seventeen laborers already employed to do over 50 pe!: cent. more work. enough around about them to take care of a city of 200,000 inhabit- ! am credibly informed by the gentleman in chaJ.'O'e of the laborers ants, and they ought to be weeded out, the deadheads removed, and there that tbey are frequently obliged now to work fro~ one to two hours the active working, laboring men perhaps increased in number. But after the ~ime required in the Department, and are often called upon to until that ~ done I advise t~e House they had. b~tter adh~re to the rec­ work dnrmg. the Sabbath.. day, for which they get no extra pay, in order I o~~end~t10~ of. the C<;>mm1t~e on AppropriatiOns, which has made to keep up With the requuements there. The chief engineer says it will diligent mqmry mto this pru:ticular case. 1888. CONGRESSIONAL RECORD-HOUSE. 1247

The question being taken on Mr. McKINNEY's amendment, it was ble the expenditures of the Fish Commission for the fiscal year from July 1, not agreed to. 1886, t.o June 30, 1887, and from July 1,1887, to February 1, 1888; the number of persons employed and the salaries paid; the property held by the commission, The Clerk read the following paragraph: its cost2 value, and location; the stations occupied by the commission, and the Signal Service of the Army: For expenses of the Signal Service of the Army. amount of unexpended appropriations, and for what purposes said appropria­ as follows: Purchase, equipment, and repair of field electric telegraphs; signn.l tions were made. equipments and stores; binocular glasses, telescopes, beliostats, a.nd othe1· nec­ INDEX OF SOUTHERN CLAIMS; ETC. essary instruments, including absolutely necessary meteorological instruments· for use on target ranges; telephone apparatus and maintenance of same, 55.000. Mr. HIESTAND. I desire to make a privileged· report from the :Mr. BURNES. I am instructed by the committee to offer the amend- Committee on Printing. ment which· I send to the desk. The resolution referred to the committee was read, as follows: The Clerk read as follows: .Resolved by the House of Representatives (the Senate concurring), That there be On page 8, after line U, insert the following: printed 4,000 copies of the Index of Southern claims and claims referred t.o the "That the sum of $50,000, or so much thereof as may be necessary, of the unex­ Court of Claims under the Bowman act, recently prepared nuder the direction pended balance of $400,000 appropriated by the act of March 3,1883, for arma­ of the Clerk of the House ; 3,000 for the use of members of the House, 1,000 for ment of fortifications be, and the same is hereby, reappropriated and made avail­ the use of members of the Senate. able for the completion of and payment for the guns autho-rized by said act and The report of the committee was read, as follows: now being manufactured by the South Bost-on Iron 'Yorks Company, nuder the The Committee on Printing, to whom was referred the concurrent :resolution contract dated September 24,1883, and June 30,1884., and the extension of the said authorizing the printing of 4,000 copies of the Index of Southern claims and contract is hereby authorized accordingly." · claims referred to the Court cf Claims nuder the Bowman act, recently prepared 1\Tr. RANDALL. The gentleman from Massaehusetts [Mr. CoLLINS] under direction of the Clerk of the House,·report the same with the recommenda- has taken much interest in this matter and intended to advocate the tion that it pass. • Estimated cost, ~1sual number, $8,776.50; 4,000 additional,e2,776.90; t-otal, $11,- amendment. I do not see him in his seat, and I will only in his place 553.40. state what he probably would have stated if he had been present-that Mr. RANDALL. Is that report presented for immediate action? is, that this provision making this appropriation-was incorporated by :Mr. Mc]ULLIN. That is not a privileged report. the House in two former fortification bills and that the committee all Mr. HIESTAND. I ask that it be referred to the Calendar. concurred in the propriety of its adoption. The report was referred to the Committee of the Whole House on the The amendment was agreed to. state ofthe Union. The Clerk read the following p~a:raph: JOHN K. LEBARON. For furnishing, delivering, nnd laying7 nautical miles of submarine cable to connect Martha's Vineyard, Mass., with the mainland, and for building neces­ Mr. HOPKINS, of Illinois. 1lfr. Speakert I ask unanimous consent sary land connections on Nantucket and connecting islands t.o the mainland, to take from the House Calendar the bill (H. R. 2093) reported from $9,944. • the Committee on Claims with an amendment, for the relief of John :M:r. BURNES. I offer the amendment which I send to the desk. K. LeBaron, and to put it upon its passage. The Clerk read as follows: The SPEAKER pro 'tempore. The bill will be read, after which the On page 18, after Hne 2, insert : Cha.ir will ask for objections. - "For completing the construction and for the maintenance of a military tel­ The bill was read, as follows: egraphHne from San Francisco, Cal., to a point at or near Point Reyes via Point San Jose, California, $2,474.75." Be it enacted by the Senate and House of Representatives of the United States of America in Congress a$sembled, That the Secretary of the Treasury be, and be is The amendment was adopted. hereby, authorized and directed to pay to John K. LeBaron, postmas~r at El­ The Clerk continued to read, and concluded the portion of the bill gin, Kane County, illinois, the sum of $1,000, being the amount paid out by him for extra clerk-hire prior t.o July 3, 1883, and not provided for by the Post-Office relating to the War Department. Department. :M:r. BURNES. I move that the committee rise. Mr. 1lfcMILLIN. Let us have the report read. The motion was agreed to. The report (by 1lfr. LYNCH) was read, as follows: The committee accordingly rose; and the Speaker pro temporehaving The Committee ou Claims, to whom was referred House bill2093, beg leave resumed the chair, Mr. BLOUNT reported that the Committee of the to submit the following report: Whole House on the state of the Union having had under consideration The facts out of which this bill for relief arises will be feund stated in liouse the bill (H. R 6437) to provide for certain of the most urgent deficien­ Report No. 4079, of the Committee on Claims of the Forty-ninth Congress, a copy of which i'3 hereto appended and made a part of this report. cies in the appropriations for the service of the Government for the Your committee adopt the said report as ilieir own, and report back ilie bill fiscal year ending J nne 30, 1888, and for other purposes, had come to no and recommend its passage with the following amendment: After the word resolution thereon. "J..e Baron," in line 4 of the bill, insert the word "ex," so that as amended the bill will read "'John K. LeBaron, ex-postmaster," etc. GEORGE F. CHILTON. [Hou~e Report No. 4079, Forty-ninth Congress, second session.] Mr. WALKER. I ask unanimous consent to take from the Private A bill similar to this (H. R. 10258) passed the Honse in the Forty-eighth Con­ Calendar the bill (H. R. 4557) for the relief of George F. Chilton. gress and was favorably reported from the Committee on the Post-Office and The bill was read, as follows: Post-Roads at the second session of that Congress. The committee return this bill with the recommendation that it do p:lSS, and adopt the Senate report, which Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, au­ is as follows: thorized and directed to pay out of any moneys in the Treasury not otherwise It appears from the evidence submitted to the committee that John K. Le appropriated, to George F. Chilton, of Eminence, 1\Io., the sum of $187.50, for Baron was appointed postmaster at Elgin, Ill., an office of the second class, on services as mail contract-or on mail-route numbered 28520, from Van Buren, 1\Io., December 20, 1831, and that his successor was appointed June 21,1884, the office t.o Eminence, Mo., between May 2,1886, and November 14,1886, in addition to the rising from the second to the first class October 1, 188.3. In the early spring of amount already paid him for such service. 1882 the publishing house of David C. Cook was removed from Chicago to EJgin, I to lll. The gross receipts of the office at the time of this removal amounted to Mr. Mc:M:ILLIN. should like know something of the grounds $14,571 per annum. By reason of the removal they were suddenly increased, on which thi~~elief is sought. and for the fiscal year ending June 30,1883, amounted t.o $57,446. Clerk-hire was Mr. WALKER. The bill is unanimously reported by the Commit­ granted to the postmaster by the Post-Office Department as follows: tee on Claims and has the recommendation of the Post-Office Depart­ Per annum. ment. It proposes to give this party for his services a.s mail contractor October 1, 1879 ...... $1,000 too October 1, 1882...... 2, 000 the pay which has been l<;mg withheld from him. July 1, 1883 ...... 3,000 The bill was ordered tobeengrossedandreadathirdtime; and being This last allowance of $3,000 seems to have been satisfactory t.o the postmaster engrossed, it was accordingly read the third time, and passed. and sufficient t.o reimburse him adequntely for the actual clerical expenses of Mr. WALKER moved to reconsider the vote by which the bill was the office from and after July 1, 1883. Between the time, however, when the David C. Cook publishing bouse was removed to Elgin and the time when this passed; and also moved that the motion to reconsider be laid: on the $3,000 nllownnce was made the p-ostmaster was conducting the office at a loss to table. himself, which he claims amounted to $1,000. And it is for that amount, Sl,OOO, The latter motion was agreed to. paid out during five quarters when the Department seemed to have been unable to grant him a sufficient allowance, that the claimant asks relief. ORDER OF BUSINESS. If$1,000, as asked in the bill, is granted by Congress, that amount will, when added to the current. allowance made by the Department, give the postmaster Mr. DINGLEY. I call up the bill (H. R. 2012) authorizing the nn •1.verage allowance of $650 per quarterfortbefive quarters in question. That Secretary of the Treasury to invest the lawful money deposited in the such an amount i'3 no more than reasonable for the proper conduct of the office Treasury, in trust, by national banking associations for the retirement for that time is indicated by tbe fact that an allowance of $750 per quarter ($3,000 per anuum) was made by the Department for the handling of a like amount of of their circulating notes, the consideration of which was assigned for to­ business from and nft.er July 1, 1883. day, simply for the purpose of its going over until to-morrow and not The following table, made at the Post-Office Department, will sbowt.he exact losing its place. If necessary, I move that its further consideration be condition of the Elgin office from 1880 to 1883, inclusive: postponed until to-morrow. \ ELGIN, ILL. The SPEAKER pro tempore. The Chair thinks the bill would go over until to-morrow as a matter of course. Mr. DINGLEY. If the Chair so rules, I do not press the motion. Clerks. Gross ~~~r~~- Period. ~ ary.Sal- IClass. Rent. Fuel. Light. receipts. missions. EXPEXDITURES, ETC., OF FISH COIDHSSION. ---t----1 1\fr. BRECKINRIDGE, of Kentucky, by una.nimous consent sub­ 1880...... 2, 500 ~--2- ...... *Sl,OOO $10,331 $

It bas been for trome time the settled policy of the Committee on the Post-Office By Mr. GLOVER: .A. bill (H. R. 7279) for the relief of John Julius­ and Post-Roads to disallow all claims of this character for clerk-hire where the expenditures exceed the allowances of the Department, even when recom­ to the Committee on Invalid Pensions. mended by the Department, as is done in this case. (See accompanying letter By Mr. HARE: .A. bill (H. R. 7280) for the relief of E. Tubody, J. A. of the Acting First Assistant Postmaster-General to Hon. R. Ellwood.) But, in Summers, and J.P. Lnndy-to the Committee on Expenditures in the view of the extraordinary and exceptional circumstances surrounding this claim, the annual gross receipts of the office suddenly increasing from $14,571, Department of Justice. on April1,1882, to $57,446 on July 1,1883, by which increasetheGovernmentwas By Mr. HATCH: A bill (H. R. 7281) granting a pension to Harrison largely benefited, and the claimant asking for but $650per quarter for clerk-hire Toops-to the Committee on Invalid Pensions. when S750 was afterwards allowed him by the Departmentforthesame service, your committee deems it proper, and, in the interest of justice, trusts t.hat there­ Also, a bill (H. R. 7282) for the relief of Samuel Pugh-to the Com- lief asked for may be afforded. mittee on Cln.:ims. - It therefore recommends the passage of the bill without amendment. By Mr. S. T. HOPKINS: A bill (H. R. 7283) granting an increase '. [Post-Office Department, Office of the First Assistant Postmaster-General, Salary of pension from $24 per mouth to $36 per month to James Nutt-to and Allowance Division.] · WASHINGTON, D.C., .Marchl3,1884. the Committee on Invalid Pensions. Sm: Yourletter ofthe2d instant, to the Postmaster-General, relative toclaim Also, a bill (H. R. 7284) granting a. pension to Isaac C. Butts-to of Mr. John K. LeBaron, late postmaster at Elgin, Ill., to be reimbursed in the the Committee on Pensions. sum of $1,000 for clerk-hire alleged to have been paid by him in excess of the By Mr. HUTTON: A bill (H. R. 7285) for the relief of St. Charles amounts allowed by the Department, has been referred to this office. In reply, you are informed that Mr. LeBaron was appointed as postmaster College, 1\fissouri-to the Committee on War Claims. December 20,1881, and his successor appointed January 21, 1884. By 1\Ir. LATHAl\I: A. bill (H. R. 7286) for the relief of 0. F. It appears from the records of this office that the allowance for clerk-hire from Adams-to the Committee on War Claims. October 1,1879, until Oct{)ber 1, 1882, was $1,000. At the last-named date the allow­ ance for clerk-hire was increased to $2,000 a year, although the postmaster By :Mr. LEE (by request): A bill (H. R. 7287) referring the claim of claimed at that time that he was compelled to ~ay $2,800 for clerk-hire. Ed ward F. and Gilbert B. Walden, heirs-at-law of John Walden, to the On the 1st July,1883, upon the reports oftwo Inspectors who visited the office, Court of Claims-to the Committee on War Claims. the allowance for clerk-hire was increased to $3,000 a year. It also appears from the records that the gross receipts of the Elgin office for By Mr. MACDONALD: A bill (H. R. 7288) for the relief of Perry the four quarters ended 1\Iarcb 31, 1882, amounted to $14,571, and by the adjust­ Childs-to the Committee on 1\filitary Affairs. ment made on the four quarters ended June 30, 1883, the gross receipts were By Mr. McADOO: A bill (H. R. 7289) to remove the charge of deser­ shown to be $57,466. tion against Rudolph Grischele-to the Committee on Naval Affairs . I have• no hesitation* in saying* that a *reasonable *sum should* be allowed* tore- By Mr. McKINNEY: A bill (H. R. 7290) granting a pension to Rae imburse Mr. LeBaron, as postmaster, for the additional sums he paid for clerk­ B. Cate-to the Committee on Invalid Pensions. bil·e over and above the amount allowed by this Department. The Department would have made ample provision for the expenses of the By Mr. MORSE (by request): A bill (H. ll. 7291) to place on the pen­ Elgin office if the appropriations applicable for the purpose would have war­ sion-roll the name of Sarah E. Wetherbee-to tne Committee on In valid ranted it. Pensions. Very respectfully, JAMES H. MARR, Also, a bill (H. R. 7292) granting a. pension to Mary McDonough­ Acting Fint Assistant Postmaster-General. to the Committee on Invalid Pensions. Hon. R. ELLWOOD, By Mr. PATTON: A bill (H. R. 7293) granting a pension to William House of Representatives, Washington, D. C. Rimert-to the Committee on Invalid Pensions. The SPEAKER pro tempore. Is there objection to the present con­ By Mr. PENINGTON: A bill (H. R. 7294) to-grant an incro:1 se of sideration of the bill? pension to Thomas S. Biddle-to the Committee on Invalid Pensions. There was no objection. By Mr. RANDALL: .A. bill (H. R. 7295) granting a pension to The­ The amendment recommended by the committee1 striking out the resa Charles-to the Committee on Invalid Pensions. word "postmaster " from line 4, and substituting "ex-postmaster,;' was By Mr. RUSK: A bill (H. R. 7296) for therelief of the Merchants agreed to. and Miners' Transportation Company of Baltimore, Md.-to the Com- The bill as amended was ordered to be engrossed and read a third mittee on War Claims. · time; and being engrossed, it was accordingly read the third time, and By Mr. STONE, of Kentucky: A bill (H. R. 7927) for the relief of passed . . William C. Robbins-to the Committee on War Claims. Mr. HOPKINS, of illinois, moved to reconsider the vote by which Also, a bill (H. R. 7298) for the relief of Benjamin Wiley-to the the bill was passed; and also moved that the motion to reconsider be Committee on War Claims. - laid on the table. Also, a bill (H. "R. 7299) for the relief of A. P. Baker-to the Com­ The latter motion was agreed to. mittee on War Claims. Mr. GROSVENOR. Mr. Speaker- Also, a bill (H. R. 7300) for the relief of Milton H. Eggner-to the :Mr. REED. Regular order ! _ Committee on War Claims. · The SPEAKER pro tempore. . The regular order is the call of com- Also, a bill (H. R. 7301) for the relief of C. T. Briggs-to the Com­ mit tees for the consideration of bills for one hour. mittee on War Claims. 1\Ir. BLA.ND. I move that the House do now adjourn. Also, a bill (H. R. 7302) for the relief of S. J. Waters-_to the Com­ The motion was agreed to; and accordingly the House (at 5 o'clock mittee on Claims. and 10 minutes p. m.) a-djourned. By Mr. TAULBEE: A bill (H. R. 7303) for the relief of William Lock and James H. Tensley-to the Committee on Claims. PRIVATE BILLS AND JOINT RESOLUTIONS INTRODUCED AND RE­ By Mr. WADE: A bill (H. R. 7304) for the relief of the heirs of Moses FERRED. H. Shelton, deceased-to the Committee on War Claims. Under the rule private bills and joint resolutions of the followin~ By Mr. WICKHAM: .A. bill (H. R. 7305) granting a pension to titles were introduced and referred, as indicated below: Aaron Gilkison-to the Committee on Invalid Pensions. By Mr. C. H. ALLEN: A bill (H. R. 7267) to remove the charge of By Mr. S. V. WHITE: .A. bill (H. R. 7306) to pay a pension to John desertion from the record of Patrick· McGarry-to the Committee on T. Bruen-to the Committee on Invalid Pensions. Military Affairs. Also, a bill (H. R. 7307) granting a pension to Joseph H. Tucker­ By Mr. BOWEN (by request): A bill (H. R. 7268) for the relief of to the Committee on Invalid Pensions. Hannah Hurdle, widow of Samuel R. Hurdle-to the Committee on By Mr. WILKINSON: A bill (H. R. 7308) for the relief of Thomas Claims. G. Mackie and the heirs-at-law of William A. Hyde, deceased-to the Also, a bill (H. R. 7269) for the relief of Veronica Ulke-tothe Com­ Committee on Claims. mittee on the District of Columbia. Also, a bill (H. R. 7309) for the relief of Caroline L. Maury-to the By J\fr. T. H. B. BROWNE: A bill (H. R. 7270) granting a pension Committee on War Claims. to William H. Holden-to the Committee on Invalid Pensions. Also (by request), a bill (H. R. 7310) for the relief of Stewart & Co.­ By Mr. BUCHANAN: .A. bill (H. R. 7271) for the relief of Forman to the Committee on Claims. :Mathews and David Stout Parker-to the Committee on Claims. By Mr. T. H. B. BROWNE: .A. bill (H. R. 7311) referring the claim By Mr. CULBERSON: A bill (H. R. 7272) for the relief of J. N. of John N. Gatewood against the United States to the Court of Claims­ Boyd-to the Committee on Claims. to the Committee on War Claims. By Mr. DAVIS: A bill (H. R. 7273) granting a pension to Amasa . Bullard-to the Committee on Invalid Pensions. Changes in the reference of bills improperly referred were mad!3 in By Mr. FITCH: A bill (H. R. 7274) to remove the charge of deser­ the following cases, namely: tion against the name of Michael Pfoertner-to the Committee on Mili­ .A. bill (H. R. 6806} for the relief of Benjamin F. Slaughter-from tai·y Affairs. the Committee on War Claims to the Committee on Military Affairs. Also, a bill (H. Rt 7275) granting an increase of pension to Abram Also, a bill (H. R. 5210) for the relief of Philip H. Clear-from the Duryee-to the Committee on Invalid Pensions. . · Committee on Claims to the Committee on War Claims. By Mr. GALLINGER: A bill (H. R. 7276) for the relief of Alexander McKelvie-to the Committee on MiJitary Affairs. PETITIONS, ETC. By Mr. GEAH: A bill (H. R. 7277) granting a pension to James A. The following petitions and papers were laid on the Clerk's desk, :hfitchell-to the Committee on Invalid Pensions. under the rule, and referred as follows: ' Also, a bill (H. ll. 7278) granting an honorable discharge to Alexander By Mr. C. H . ALLEN: Papers in the case of Patrick McG:?.rry, for S. Seber-to the Committee on :Military .Affairs. relief-to the Committee on Military Affairs . • 1888. CONGRESSIONAL RECORD-HOUSE. 1249

By Mr. C. S. BAKER: Petition of citizens of New York, Michigan, consin, for the erection of a government telegraph-to the Committee Connecticut, Ohio, Indiana, Pennsylvania, New Jersey, manufacturers on the Post-Office and Post-Roads. and merchants of the larger cities of said States, in favor of the bill in­ By·l\ir. T. J. HENDERSON: Memorial of the authorities of Sterling, troduced by Mr. BAKER ofNewYork, forreductionofletterpostage­ ill., for a general appropriation for public buildings in certain cities-to to the Committee on the Post-Office and Post-Roads. the Committee on Public Buildings and Grounds. · By Mr. BANKHEAD: Petition of Alexander Oldham, late of New By 1\fr. S. I. HOPKINS (by request): Petition of William Schaus, HanoverCounty, North Carolina, now of Birmingham, Ala., for refer­ requesting that all imported paintings and sculptures be placed on the ence of his claim to the Court of Claims-to the Committee on War free-list-to the Committee on Ways and :Means. Claims. By Mr. KEAN: Two petitions of citizens of New Jersey, nshermen, Also, petition of Dr. R. M. Harvis and others, and ·of D. N. Patton and others, for a law to protect the food-fish along_the New Jersey and others, of Livingston, and of J. H. Holmes and others, of Cuba, coast-to the Committee on Merchant Marine and Fisheries. Ala., against the passage of the Blair bill-to the Committee on Edu­ By Mr. KERR: Joint resolution of the Legislature ofiowa, for amend­ cation. ment ofla in reference to liens ofjudgmentof Federal courts-to the Also, petition of 150 citizens of Alabama, for the passage of the Blair Committee on the Judiciary. bill-to the Committee on Education. By Mr. LATHAM: A bill for the improvement of Turner's Cut, at By Mr. BAYNE: Petition of American Clay Tobacco-Pipe Employers the head of Pasquotank River, in North Carolina-to the Committee on and Employes' Assodation, for an increase of duty on clay pipes-to the Ri'"ers and Harbors. Committee on Ways and Means. By Mr. LEE (by request): Petition of Elizabeth T. Pierce; of French By Mr. BLOUNT: Petition of L. N. Calloway, for heirs of Emily Dodd, son of Methalem B. Dodd; of Virginia A. Shumate; of Susau T. Speig~ts, of Baldwin County, and of Sarah V. Tanner, heir of John Samuel; of Edward T. Preston; of Burr W. Garrett; of J. J. Mosby; C. Tanner, of Butts County, Georgia, for reference of their claims to executor of Adelaide Withers; of George W. Preston, and of Carter B. tho Comt of Claims-to the Committee on War Claims. • Cropps, of Virginia, for reference of their claims to the Court of Claims­ By Mr. C. E. BROWN: Memorial of the Cincinnati (Ohio) Chamber to the Committee on War Oi.aims. of Commerce and Merchants' Exchange, touching the importation of Also, petition of citizens of Alexandria County, Virginia, relative to adulterated articles-to thb Committee on Ways and Means. the new bridge over the Potomac River-to the Committee on the Dis- By Mr. T. H. B. BROWNE: Petition of William H. Holden, for an trict of Columbia. I original pension-to the Committee on Invalid Pensions. By 1\fr. LONG: Petition of John H. Proutz and 72 others, citizens Also, petition of John N. Gatewood, of Spottsylvania County, Vir­ of South Scituate, Mass., for arrears of pensions-to the Committee on ginia, for reference of his claim to the Court of Claims-to the Com­ Invalid Pensions. mittee on War Claims. Also, petition of James H. Roberts, chairman, and Frank P. Oyer, Also, petition of Hopkins Bros. & Co., and other citizens of Accomru:!k secretary, of the Prohibltion State Committee of Massa~husetts, for a County, Virginia, for the improvement of Onancock River-to the com­ law prohibiting the importation of intoxicating liquors-to the Com­ mittee on Rivers and Harbors. · mittee on Ways and Means. Also, memorial ·or L. L. Nottingham and others, of Northampton Also, petition of the Universalist clergy of Boston and vicinity, for a County, Virginia, for the creation of a Department of Agriculture, and treaty of arbitration with Great Britain-to the Committee on Foreign other purposes-to the Committee on Agriculture. Affairs. By ~fr. BUCHANAN: PetitionofGeneralJohn C. Fremont and oth­ Also, petition of same, for investigation of Icelandic records-to the ers, fortheimprovementofManasquan Inlet, New Jersey-to the Com­ Committee on the Library. mittee on Rivers and Harbors. By Mr. LYMAN: Memorial of the authorities of Atlantic, Iowa, for By Mr. COX: Petition of Michael Feeney, of New York City, for the a general appropriation for public buildings-to the Committee on removal of the charge of desertion, and for honorable discharge-to the Public Buildings and Grounds. Committee on Military Affairs. By Mr. McADOO: Three petitions of many citizens of New Jersey, Also, memorial of the mayor, aldermen, and commonalty of ·New against the present methods of menhaden fishing on the coast of New York City, as to the war debt due from the United States-to the Com­ Jersey-to the Committee on Merchant Marine and Fisheries. mittee on Claims. By Mr. NELSON: Petition of Anne Luca~, for relief-to the Com­ By Mr. CROUSE: Petition of 0. W.,Scott and 65 others, for change mittee on War Claims. in postal laws relative to seeds, plants, bulbs, etc.-to the Committee By Mr. NICHOLS: Petition of S. L. Norfleet and others, citizens of on the Post-Office and Post-Roads. North Carolina, for laws requiring all convict-made goods to be marked By Mr. CUTCHEON: Memorial of the municipal officers of the city '' convict made,'' with penalties and forfeitures to protect the labor of of Cadillac, Mich., on the subject of public buildings-to the Commit­ citizens-to the Committee on Labor. tee on Public Buildings and Grounds. By Mr. O'DONNELL: Petitionof 35citizensofEatonRapids, Mich., By 111r. DARLINGTON: Petition of JosephS. Wilson, of Oxfordbor­ for legislation to protect innocent users of patented articles from pro3e­ ough, Chester County, and of William S. Thompson Post, Grand Army cution-to the Committee on Patents. of the Republic, of the same place, for the passage of House bill 549,­ By Mr. O'FERRALL: Petition of Basil Grigsby, of Rappahannock grantingapension tosaidJoseph S. Wilson-totheCommitteeoninvalid County, Virginia, for reference of his claim to the Court of Claims-to Pensions. the Committee O:Q. War Claims. By Mr. FINLEY: Petition of Charles C. Morris; of Harriet F. Mur­ By Mr. PATTON: Petition of William ~imert, for an original pen­ rell; of John H. Lewis; of W. D. Lyon; of Oliver Kirtley; of N. T. sion-to the Committee on Invalid Pensions. Johnson; of Mary Jones; of estate of Robert Hindman; of Swann Also, petition of 67 citizens of the Twentieth district of Pennsylva­ Hutcherson; of James Hazlewood; of William :M. Hicks; of Rachael nia, against removing the duty on coal-to the Committee on Ways and Hudson; ofM. P. Hatcher; of Jesse Harlow; of Elias Gaddis; of Bush Means. W. Griffin; of E. R. Garvin; of R. E. Garvin; of Robert F. Gameson; By 1\fr. P~RKINS: Petition of A. J. Ryan and others, citizens ofKan­ of'James J. Green; of William A. Elkins; of William W. Davis; of sas, favoring the schedule of duties recommended by the wool-growers Robert 1\I. Durham; of Patience D. Chapman; of Elizabeth Craddock; and woolen manufacturers-to the Committee on \'Vays and Means. ofW. J. Burd, and of Daniel B. Adams, ofKentucky, for reference-of By Mr. PLUMB: Papers in the claim ofAlva W. Hicks, for relief-to their claims to the Court o:fDlajms-to the Committee on War _Claims. the Committee on Claims. By 1\Ir. FLOOD: Petition of Dexter White and others, of the Twenty­ Also, petition of Irena Warlick (Cherokee Indian), for indemnifica­ eighth district of New York, for the amendment of the general pen­ tion for certain trespasses under the auspices of Indian Office-to the sion law-to the Committee on Invalid Pensions. Committee on Indian Affairs. By Mr. GAINES: Petition of J. L. Chelton, W. C. Spain, RobertS. .Also, papers in the claim of A. W. Hicks, for relief-to the Commit­ Gaishum, and others1 of Dinwiddie County, Virginia, · fc! change of tee on War Claims. tariff on silk-to the Committee on War Claims. Byl\Ir. RICHARDSON: PetitionofRobertN. Hunter, andoftheheirs By Mr. GIBSON: Petition for the improvement of Tuckahoe lliver, of Thomas Ridout, of Rutherford County, Tennessee, for reference of in Maryland-to the Committee on Rivers and Harbors. . their cla.ims to the Court of Claims-to the Committee on War Claims. Also, petition forthe improvement ofStillPondHarbor, Marylann­ By Mr. ROMEIS: Petition of C. Heurich, of the District of Colum­ to the Committee on Rivers and Harbors. bia, asking that the Commissioner of Agriculture be required to give Also, petition of George T. Price, for pension for self and others-to his reasons for refusing to publish his :findings in the analyzation of the Committee on Pensions. beer-to the Select Committee on the Alcoholic Liquor Traffic. By Mr. GROUT: Petition of William Schanz, for removal of cus­ By Mr. RUSK: Petition of Jacob D. Rn.ff, for relief-to the Commit­ toms duties on works of art-to the Committee on Ways andMeans. tee on Military Affairs. By Mr. HARMER: Two memorials of citizens of Philadelphia, Pa., .Also, paper in the case of Abraham Leidenstricker, for relief-to the in favor of speedy action on the subject of protection to wool-growing Committee on Invalid Pensions. and woolen manufaeturing industries in this country-to the Commit­ By Mr. SENEY: Petition of the Cincinnati (Ohio) Musicians' Pro· tee on Ways and Means. tective Union, favoring House joint resolution respecting the employ­ By Mr. HAUGEN: Petition of 34citizens of St. Croix County, Wis- ment of Army and Navy bands-to the Committee on Military Affairs. XIX--79 1250 CONGRESSIONAL RECORD-SEN.ATE. FEBRUARY 16,

Also, memorial of W:illiam Schaus, relating to the tariff on imported By Mr. BANKHEAD: Of 129 citizens of Tu caloosa County, and of works of art-to the Committee on Ways and Means. _ A. S. Whitehurst and others, of Northpm:t, A.b. By Ur. SNYDER: Petition of John Bray, of Robert C. Lilly, of Will­ By Mr. BOUTELLE: Of 174 citizens of Aroostook County, Uaine. iam C. Price, of Thomas 0. Ten-y, of trustees of Baxter Institute, of By J.\1r. DELANO: Of 247 citizens of Uadison County, New York. ' William Rigg, administrator ofllenry Rigg; of JohnS. Fisher, and of By Mr. HIESTAND: Of 471 citizens of Lancaster Connty, Pennsyl- JohnS. Cunningham, trusteeofSt. :M:ark'sProtestantEpiscopalChurch, vania. Coalsmouth, West Va., for reference of their claims to the Court of By 1\Ir. J . T . JOHNSTON: Of 314 citi7.ens of Warren County, In- Claims-to the Committee on War Claims. diana. .. Also, resolutions of miners, laborers, and other citizens of Coalburgh, By Mr. LODGE: Of the First Baptist Church and 325 others, citi­ Hampton, and North Coalburgh, Kanawha County, West Virginia, zens of Essex County, Massachusetts. protesting against coal, coke, and pig-iron beingputnpon thefree-list­ By Mr. McKINNEY: Of 297 citizens of Rockingham County, New to the Committee on 'Vays and Means. Hampshire. By Mr. SPRINGER: Petition ofthe authorities of Petertlburgh, Ill., By Mr. RUSK: Of 219 citizens of Baltimore County, Uaryland. for a general ~ppropriation bill for public buildings-to the Commit­ By Mr. WEBER (by request): Of 250 citizens of Niagara County, tee on Public Buildings and Grounds. New York. By l!fr. STAHLNECKER: Petition of William Schaus, regarding tariif on imported works of art-to the Committee on Ways and Mea.ns. The following petitions, asking for the passage of the bill prohibiting By Mr. TAULBEE: Papers relating to the bill for the relief of J. the manufacture, sale, and importation of all alcoholic beverages in the H. Tinsley-to the Committee on Claims. District of Columbia, were severally referred to the Select Committee By Mr. E. B. TAYLOR: Petition of citizens of Ashtabula Ohio, for on the Alcoholic Liquor Traffic: , a government telegraph system-to the Committee on the Post-Office BJ.:Mr. BAYNE: Of120 citizens of the Twenty-third district of Penn­ and Post-Roads. sylvania. Also, memorial of the Tillage of Ravenna, Ohio, relating to :public By Mr. FLOOD: Of F . W . Arnold:md others, citizensoftheTwenty- buildings-to the Committee on Public Buildings and Grounds. eighth district of New York. · By Mr. G. M. THOUAS: Papers in the case of N. L. Payne, for an Dy Mr. FULLER: Of 137 citizens of the Fourth disb:ict of Iowa. original pension-to the Committee on Invalid Pensions. By Mr. . GROUT: Of 109 citizens of the Second district of Vermont. By Mr. VOORHEES: Petition of 148 citizens of Clarke County, By Mr. KERR: Of 120 citizens of the Fifth disirict of Iowa. Washington Territory, for national aid to common schools-to the Dy Mr. LA FOLLETTE: OfF. M. Burrowsand~l13 others, citizens Committee on Education. of Dane County, Wisconsin. By Mr. WADE: Petition of heirs of l!foses H. Shelton, for reference By Mr. LYNCH (by request) : Of 169 citizens of the Twelfth district of their claim to the Court of Claims-to the Committee on War Claims. of Pennsylvania. By Mr. WALKER: Memorial of citizens of Pemiscot County, Mis­ By Mr. J.D. TAYLOR: Of 136 citizensofthe Seventeenth district souri, asking that all bills preventing the compounding of lard wit}l of Ohio. cotton-seed oil be defeated-to the Committee on Agriculture. By Mr. WASHINGTON: Petition of D. C. Edmondson, executor of - Matilda O'Neal, of Davidson County, Tennessee, for reference of his SENATE. case to the Court of Claims-to the Committee on War Claims. By Mr. WEST: Petition of citizens of Johnstown, N. Y., for a gen­ TIIURS~AY, Februa.ry 16, 1888. eral appropriation for building public buildings throughout the coun­ try-to the Committee on Public Buildings and Grounds. Prayer by the Chaplain, Rev. J . G. BUTLER, D. D. Dy Mr. WHEELER: Petition of David B. Johnson, Laum E. Wil­ The Journal of yesterday's proceedings was read and approved. kinson, W. F. Hurt, and H . M. Jones, for reference of their claims to EXECUTIVE COMMUNICATION. the Court of Claims-to the Committee on War Claims. The PRESIDENT pro tempore laid before the Senate a communica­ Also, a bill to improve the navigation of the Tennessee River at Col­ tion from the Secretary of the Interior, transmitting, in response to a bert Shoals-to the Committee on Rivers and Harbors. resolution of February 13, 1888, the re:porvof John L. Smithmeyer, By Mr. S. V. WIDTE: PetitionofJohn T. Bruen, late captain Tenth architect of the building for the Library of Congress; which, with the Independent Battery New York Light Artillery, for relief-to the Com­ accompanying report, was referred to the Select Committee on Addi­ mittee on In'\"alid Pensions. tional Accommodations for the Library of Congress, and ordered to be Also, petition of Joseph H . Tucker, late colonel Sixty-ninth Illinois printed. Volunteers, for relief-to the Committee on Invalid Pensions. PETITIONS AND MEMORIALS. By :Mr. WICKHAM: Petition of citizens of Lorain County, Ohio, for Mr. EDMUNDS presented a petition of the White River Valley Po­ speedy action for the protection of the wool-growing and wool-manu­ mona Grange, of Royalton, Vt., praying fora reduction ofthe postage facturing interests of this country-to the Committee on Ways and on seeds, plants, bulbs, scions, etc.; which was referred to the Com­ ?.leans. mittee on Post-Offices and Post-Roads. By Mr. WILKINSON: Petitionofthe BoardofUnderwritersofNew 111r. EDMUNDS. The other day I presented a petition which was Orleans, La., in favor of an international marine conference to formu­ rather informal, praying tpat a :pension be granted to Sarah J. Foy, late measures to lessen the dangers of navigatio~-to the Committee on of Rutland, Vt. I now present another petition, which should have Merchant Marine and Fisheries. been presented at that time, but was mislaid, of this woman, for a pen­ By Mr. W. L. WILSON: Petition of W. D. Whitted and 40 other sion. I move iti:l reference to the Committee on Pensions. miners of coal, etc., against reduction of tariff on soft coal-to the Com­ The motion was agreed to. mittee on Ways and Means. Mr. SHERMAN presented a petition of soldiers and sailors, citizens Also, petition of Isaiah Fenton and 160 other miners, of West Vir­ of Bainbridge, Ohio; a petition of the Middleport (Ohio) Post, No. 125, ginia, for same-to the Committee on Ways and l!Ieans. Grand Army of the Republic, and a petition of the Brooklyn (Ohio) Post, By Mr. WISE: Petition for the creation of a Department of Agricult­ No. 368, Grand Army of the Republic, praying for the passage of what ure, with a head as a member of the Cabinet-to the Committee on is known as the service-pension bill; which were referred to the Com­ Agriculture. mittee on Pensions. Mr. SHERMAN :presented a joint resolution of the General Assembly The following petitions for an increase of compensation of fourth­ of Ohio, in favor of the passage of Senate bill 260, to reimburse the sev­ class postmasters were severally referred to the Committee on the Post­ eral States for interest paid on war loans, and for other purposes; which Office and Post-Roads: was ordered to be printed in the RECORD, and referred to the Commit­ By Mr. C. L. ANDERSON: Of J. H. Gray and others, of Jewell tee on Claims, as follows: Hill and Shady Grove, Jasper County, Mississippi. [Senate joint resolution No. 13.] By Mr. BANKHEAD: Of J. G. Willingham and others, of New Joint resolution relative to requesting our Senators and Representatives in Con­ Lexington, Ala. ' gress to do all possible for the passage of Senate bill No. 260. By Mr. BUNNELL: Of citizens of Colley, Pa. Whereas there has been introduced in the Senate of the United States a bill (No. 260) to reimburse the several States for interest paid on war loans, and for By Mx. McCLAUUY: Of citizens of Dismal, Sampson County, and other purpos~: Therefore, of Colly, Bladen County, North Carolina. Be it resolved by the General .Assembly of the State of Ohio, That our Senators and By Mr. ROWLAJ\1]): Of citizens of Brown Creek, N. C. Representatives in Congress be, and they are hereby, reque ted to vote for and urge the passage of the same, and that the gove~nor ~orward a copy of this res­ olution to each of our Senators and Representahves m Congress. ELBERT L. LAMPSON, The following petitions, praying for the enactment of a law provid­ Speaker of the House of ReJYrcsentatives. ing temporary aid for common schools, to be disbursed on the basis of THEO. F. DAVIS, President pro tempore of the Smate. illiterucy, were severally referred to the Committee on Education: Adopted February 9, 1888. By Mr. BACON (by request): Of 226 citizens of Orange County, New UNITED STATES OF AMERICA, 0BI01 York. Offtee of the Secretary of Slate: By Mr. C. S. BAKER: Of 419 citizens of 1\Ionroe County, New York. I, James !3· Robinson, secretary of state of the Stato of Ohio, do hereby certify

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