1900.- CONGRESSIONAL RECORD-SENATE. 29l5

Loud bill, No. 6071, relating to second-class mail matter-to the bill No. 6071, relating to second-class mail matter-to the Commit­ Committee on the Post-Office and Post-Roads. tee on the Post-Office and Post:Roads. By Mr. ROBINSON of Indiana: Resolutions of Meade Post, By Mr. WEEKS: Petitions of the State board of health of Michi­ No. 44, of Butler, Ind., G~and Army of the Republic, in support gan, Francis Stocks and citizens of Battle .Run and Imlay City, of House bill No. 7094, entitled "A bill to establish a Branch Mich., in opposition to the passage of the House bill No. 6071, re­ Soldiers' Home at or near Johnson City, Washington County, lating to second-class mail matter-to the Committee on the Post- Tenn. "-to the Committee on Military Affairs. Office and Post-Roads. · By Mr. ROBINSON of Nebraska: Petition of Post No. 34, De­ By Mr. WRIGHT: Resolutions of the Methodist Episcopal partment of Nebraska, Grand Army of the Republic, urging the Church at Hawley, Pa., concerning laws for Puerto Rico, Hawaii, passage of.Senate bill No. 1716 and House bill No. 4742, to amend Philippines, etc.,in regard to liquor selling, opium, and bigamy- section 1225 of the Revised Statutes, to provide for the detail of to the Committee on Insular Affairs. · - - active and retired officers of the Army and Navy to assist in mili­ tary instruction in public schools-to the Committee on Military Affairs. SENATE. Also, papers to accompany House bill No. 5402, granting an in­ crease of pension to Robert Moran-to the Committee on Invalid THURSDAY, March 15, 1900. Pensions. ,... By Mr. RUSSELL: Petition of A.G. Lester -and other citizens Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. of Center Groton and New London, Conn., against the passage of The Secretary proceeded to read the Journal of yesterday's pro­ House bill No. 6071, known as the Loud bill-to the Committee ceedings, when, on motion of Mr. GALLINGER, and by unanimous on the Post-Office and Post-Roads. - consent, the further reading was dispensed with. : By Mr. SHATTUC: Resolution of Pork Pack~rs and Provision The PRESIDENT pro tempore. Without objection, the Jour­ Dealers' Association of Cincinnati, Ohio, in favor of Senate bill nal will stand approved. No. 1439, relating to an act to regulate commerce-to the Com­ mittee on Interstate and Foreign Commerce. MESSA.GE FROM THE HOUSE. By Mr. SHERMAN: Peti~ion of F. H. Christman and others, of A message from the House of Representatives, by Mr. W. J. Ilion, N. Y., and Laura B. Trowbridge and others, of Clinton, BROWNING, its Chief Clerk; announced that the House had agreed N. Y., in opposition to the passage of House bill No. 6071, relat­ to the report of the committee of conference on the disagreeing ing to second-class mail matter-to the Committee on the Post­ votes of the two Houses on the amendment of the House to the Office and P.ost-Roads. bill (S. 2354) enlarging the powers of the Choctaw, Oklahoma and By Mr. SMITH of Kentucky (by request): Petitions of MmTay Gulf Railroad Company. Post, No.19; Preston Morton Post, No. 4, and Post No. 35, Grand The message also announced that the House had passed with an Army of the Republic, Department of Kentucky, in support of amendment the concurrent resolution of the Senate providing for Uouse bill No. 7094, entitled "A bill to establish a Branch Sol­ the ·printing of the proceedings in conne'ction with the reception .diers' Home at or near Johnson City, Washington County, of the statue of Daniel Webster on January 18, 1900, in which it Tenn. "-to the Committee on Military Affairs; - requested the conc"\lrrence of the Senate. By Mr. STARK: Resolution of General Ricketts Post, No. 253, The message further announced that the House had passed the of Arborville, Grand Army of the Republic, Department of Ne­ following bills; in which it requested the concurrence of the b1·aska, in favor of House bill No. 7094, tor the establishment of a Senate: · Branch Soldie1·s' Home at or near Johnson City, Tenn.-to the A bill (H. R. 2000) for the relief of Thomas Paul; and Committee on Military Affairs. A bill (H. R. 5049) to settle the title to real estate in the city of Also, petition of S. C. Bishop and 50 other citizens of Garrison, Santa Fe, N. Mex. Nebr., urgfug a clause in the Hawaiian constitution forbidding ENROLLED BILLS SIGNED. the manufacture and sale of intoxicating liquors and a prohibition of gambling and the opium trade-to the Committee on the Terri- The message also announced that the Speaker of the House had tories. - . signed the following enrolled bills and joint resolution; and they Also, resolutions of the International Brotherhood of Bookbind­ were thereupon signed by the President pro tempo!·e: r ers' Local Union No. 57, of Omaha, Nebr., against the alienation A bill (H. R. 232) granting a pension to John Vars; of public lands by the United States to any but actual settlers, A bill (H. R. 438) granting a pension to Emma M. Kitt; and also in favor of Government building of reservoirs-to the A bill (H. R. 825) granting an increase of pension to Fannie H. Committee on the Public Lands. Riggin; __ Also, p~tition of J. R. La Chapelle, of Ashland, Nebr., in op­ A bill (H. R. 1885) granting a pension to Harvey Grant; position to the passage of Honse bill No. 6071, relating to second­ A bill (H. R. 1979) granting a pension to Sophronia Bailey; class mail matter-to the Committee on the Poat-Office and Post­ A bill (H. R. 2169) granting an increase of pen8ion to Nelson B. Roads. Sutes; By Mr. STEVENS of Minnesot~: Petition of Charles Christo­ A bill (H. R. 2391) granting a pension to Elizabeth R. Holt; dore and others in the State of Minnesota, in favor of the proposed A bill (H. R. 2526) granting a pension to Margarethe Bomke; national park in northern Minnesota-to the Committee on the A bill (H. R. 2599) granting a pension to Philip Yoe; Public Lands. A bill (H. R. 2666) granting a pension to John M. Laughlin; By Mr. STEWART of Wisconsin: Resolutions of Colonel J. H. A bill (H. R. 3260) granting a pension to Susan M. Button; Knight Post, No. 5, Grand Army of the Republic, favoring the A bill (H. R-. 4090) granting an increase of pension to Henry H. passage of the bills relating to pensions introduced at the request Brown; - of the national pension committee of the Grand Army of the Re­ A bill (H. R. 4652) granting an increase of pension to Charles public-to the Committee on Invalid Pensions. Perkins; · Also, resolution of Joseph Ledergerbsr Post, No. 261, Depart­ A bill (H. R. 5186) granting an increase of pension to Zadoc C. ment of Wisconsin, Grand Army of the Republic, urging the Perkins, - . passage of House bill No. 2583 and Senate bill No. 283-to the A bill (H. R. 5188) granting a pension to David C. Dane; Committee on Reform in the-Civil Service. A bill (H. R. 5440) granting an increase of pension to Smith Also, protest of Frank E. Noyes, of Marinette, Wis., against Jewear; · the passage of House bill No. 6071, relating to second-class mail A bill (H. R. 5710) granting an increase of pension to Charles matter-to the Committee on the Post-Office and Post-Roads. W. Jerome; and By Mr. SUTHERLAND: Resolution of Oak Post, No. 290, and A joint resolution (8. R. 75) to print 31,000 copies of the eulo­ Richardson Post, No. 60, Grand Army of the Republic, Depart­ gies on Garret A. Hobart, late Vice-President of the United ment of Nebraska, in support of House bill No. 7094, entitled "A States. bill to establish a Branch Soldiers' Home at or near Johnson City, PETITIONS AND MEMORIALS, Washington County, Tenn."-to the Committee on Military Affairs. Mr. PLATT of New York presented a petition of Local Union Also, petitions of H. S. Miller, A. C. Hosmer, HattieM. Nelson, No. 62, Typographical Union, of Utica, N. Y., praying that the and 8 citizens of Minden, Nebr., against the passage of House bill Public Printer be authorized to print the label of the Allied Print­ No. 6071, relating to second-class mail matter-to the Committee ing Trades on all publications of the Government; which was re­ on the Post-Office and Post-Roads. ferred to the Committee OJI Printing. By Mr. WEAVER: Petition of Thomas J. Casper, of Spring, He also presented a petition of the Central Labor Union of field, Ohio, for the repeal of the stamp tax on medicines, perfumery­ Binghamton, N. Y., praying for the enactment of legislation to and cosmetics-to the Committee on Ways and Means. increase the salaries of machinists employed at the Government Also, petition of Mrs. Dora B. Watt and other citizens of Com­ Printing Office, at Washington, D. C.; which was referred to the mercial Point and Matville, Ohio, against the passage of House Committee on Printing. 2916 CONGRESSIONAL' RECORD-SENATE. MAROH 15,

Healsopresentedamemorialof the Spectator, of Albany,N. Y., tian Temperance Union of Maryland, praying for the enactment remonstrating against the passage of the so-called Loud bill, re­ of legislation to prohibit the sale of intoxicating liquors in can. lating to second-class mail matter; which was rflferred to the teens and all Government buildings; which was referred to the Committee on Post-Offices and Post-Roads. Committee on Military Affairs. He also presented a petition of Garland City Lodge, No. 194, In­ He also presented a petition of the Woman's Christian Temper.. ternational Association of Machinists, of Watertown, N. Y., pray­ ance Union of Maryland, praying for the enactment of legislation ing for the enactment of legislation to provide leaves of absence to prohibit the importation, manufacture, and sale of. intoxicating to certain employees of the Government, to protect free labor from liquors and opium in Hawaii; which was referred to the Commit­ prison competition, and also to l:imlt the hours of daily service of tee on Pacific Islands and Puerto Rico. workmen and mechanics employed upon the public works of the Mr. SHOUP presented the petition of Ida M. Weaver, president, United States; which was referred to the Committee on Naval and Frances M. Wood, secretary, on behalf of the Equal Suffrage Affairs. Association of Idaho, praying for the adoption of the sixteenth He also presented petitions of the Cooperative Foundry Com­ amendment to the Constitution, prohibiting the disfranchisement pany and the Sill Stove Works, of Rochester; McFarlan & Co. of United States citizens on account of sex; which was referred to and Henry C. McElwain, of Amsterdam; A.G. Reeve, the Cliff the Select Committee on Woman Suffrage. Paper Company, the Niagara Falls Hydraulic Power and Manu­ Mr. SEWELL presented the memorial of August Koehler, pub­ facturing Company, and the Union Carbine Company, of Niagara lisher of the Orange Sonntag Blatte, of Orange, N. J., remon.. Falls; the Hunter Arms Company, of Fulton; G'randal, Stone & strating against the passage of the so-called Loud bill, relating to Co., of Binghamton; G. Stanford & Co., of Ithaca, and D. L. Bur­ second-class mail matter: which was referred to the Committee rell & Co., of Little Falls, all in the State of New York, praying on Post-Offices and Post-Roads. for the construction of a new fireproof Patent Office building; which were referred to the Committee on Public Buildings and He also presented the petition of S. B. Goff and 26 other drug.. Grounds. gists of Camden, N. J., praying for the repeal of the stamp tax Mr. SCOTT presented a memorial of the West Virginia Argus, upon proprietary medicines, perfumeries, and cosmetics; which of Kingwood, W. Va., and the memorial of J. C. and L. C. Mont­ was referred to the Committee on Finance. gomery, of Montgomery, W. Va., remonstrating againt the pas­ Mr. PRITCHARD presented a petition of the W. H. King Drug sage of the so-called Loud bill, relating to second-class mail matter; Company and 10 other druggists of Raleigh, N. C., praying for which were refer1·ed to the Committee on Post-Offices and Post­ the repeal of the stamp tax upon proprietary medicines, perfu.. Roads. meries, and cosmetics; which was referred to the Committee on Mr. WETMORE presented a petition of Kickemuit Grange, No. Finance. 24, Patrons of Husbandry, of Warren, R. I., and a petition of He also presented a petition of the Chamber of Commerce of Aquidneck Grange, No. 33, Patrons of Husbandry, of Middletown, Charlotte, N. C., praying that an appropriation be made to con.. R. I., praying for the adoption of certain amendments to the in­ tinue the work of the Philadelphia Commercial Museum; which terstate-commerce law; which were referred to the Committee on was referred to the Committee on Commerce. Interstate Commerce. Mr. TALIAFERRO presented a petition of sundry railway mail Mr. FAIRBANKS presented the petitions of Mrs. E. C. Atkins clerks of Jacksonville, Fla., praying for the enactment of legisJa.. and J. R. Barnard, of Indianapolis, Ind., and tihe petition of Brit­ tion to provide for the classification of clerks in first and second ton & Gray, of Washington, D. C., praying for the employment class post-offices; which was referred to the Committee on Post­ of women nurses in the military hospitals of the Army; which Offices and Post-Roads. were referred to the Committee on Military Affairs. He also presented a petition of sundry citizens of Beresford, He also presented petitions of the Board of Trade of Indianap­ Fla., and a petition of sundry citizens of Florida, praying for the olis; the Mayflower Mills, of Fort Wayne; S. Bash & Co., of Fort repeal of the stamp t.ax upon proprietary medicines, perfumeries, Wayne; W. L. Kidder & Son, of Terre Haute; E. H. Grieger, of and cosmetics; which were referred to the Committee on Finance. Hanna; the Blish Milling Company, of Seymour, and the Indiana He also presented a petition of sundry citizens of Orange City, Pulp and Paper Company, of Marion, all in the State of Indiana, Fla., praying for the enactment of legislation to define legal mar.. praying for the adoption of certain amendments to the interstat.e­ riages and to provide for the punishment of polygamy, etc.; which commerce law; which were refe1Ted to the Committee on Inter­ was referred to the Committee on the Judiciary. state Commerce. Mr. MASON presented a memorial of the Tribune-Citizen, of . He also presented the memorials of D. R. Best, of Angola; the Harvey, ill., remonstrating against the passage of the so-called Allison-Enos Company, of Indianapolis; Stony Point Grange, No. Loud bill, relating to second-class mail matter; which was re· 1733, Patrons of Husbandry, of Madison; G. L. Bailey, of Ridge­ ferred to the Committee on Post-Offices and Post-Roads. ville; 0. E. Fulghum, of Richmond; the International Dental He also presented a petition of the Woman's Christian Temper· Journal, of Indianapolis; the Weekly Economist, of Evansville; ance Union of Elgin, Ill., praying for the enactment of legisla­ the Chronicle, of Kempton; the Star, of Wabash; the American, tion to prohibit the manufacture and sale of intoxicating liquors of Ridgeville; the Upland Monitor, of Upland; and the Union, of aiW opium in Hawaii; which was referred to the Committee on Indianapolis, all in the State of Indiana, remonstrating against Pacific Islands and Puerto Rico. the passage of the so-called Loud bill, relating to second-class Mr. HOAR presented a petition of the Appalachian Mountain mail matter; which were referred to the Committee on Post­ Club, of Boston, Mass., and New England, praying for the esta~ Offices and Post-Roads. lishment of a national forest and mountain preserve in the south· Mr. COCKRELL presented memorials of the Commercial, of el'n Alleghenies, to be known as the National Appalachian Park; Rocheport; the New Era, of Rolla, and the Times, of Waverley, which was referred to the Committee on Agriculture and For.. all in the State of Missouri, remonstrating against the passage of estry. the so-called Loud bill, relating to second-class mail matter; which were 1·eferred to the Committee on Post-Offices and Post-Roads. Mr. ALLEN presented a paper in support of the bill (S. 3115) Mr. PENROSE presented a petition of the Young People's So­ granting a pension to Robert Moran; which was referred to the ciety of Christian Endeavor of the Third United Presbyterian Committee on Pensions. · Church of Pittsburg, Pa., praying for the enactment of legisla­ He also presented a memorial of the Nebraska State Democrat, tion regulating divorces in the District of Columbia and the Ter­ of Lincoln, Nebr., and a memorial of the Buffalo County Pilot, ritories; which was referred to the Committee on the Judiciary. of Kearney, Nebr., remonstrating against the passage of the so· He also presented a petition of Local Lodge No. 407, Interna­ called Loud bill, relating to second-class mail matter; which were tional Association of Machinists, of Pittsburg, Pa., praying for referred to the Committ.ee on Post-Offices and Post-Roads. the enactment of legislation providing leaves of absence to certain Mr. FRYE presented a petition of Company K, First Infantry, employees of the Government; which was referred to the Com­ National State Guard of Maine, praying for the enactment of mittee on Naval Affairs. legislation to improve the armament of the militia; which was He also presented a petition of sundry citizens of York, Pa., referred to the Committee on Military Affairs. praying for the enactment of legislation to provide for the classi­ He also presented a petition of sundry citizens of Plattskill, fication of clerks in first and second class post-offices; which was N. Y., and a petition of the Woman's Christian Temperance referred to the Committee on Post-Offices and Post-Roads. Union of Plattskill, N. Y., praying for the enactment of legisla· He also presented a petition of the congregation of the Eighth tion to prohibit the sale of intoxicating liquors in Soldiers' Homes; Unit.ed Presbyterian Church of Allegheny, Pa., and a petition of whlch were referred to the Committee on Military Affairs. the congregation of the United Presbyterian Church, and of the He also presented a petition of sundry citizens of Plattskill, Methodist P1·eachers' Meeting, of Pittsburg, Pa., praying for the N. Y., and a petition of the Woman's Christian Temperance enactment of legislation to prohibit the importation, manufacture, Union of Plattskill, N. Y., praying for the enactment of legisla. and sale of intoxicating liquors and opium in Hawaii; which were tion to prohibit gambling in the District of Columbia and the refe1Ted to the Committee on Pacifi.c Islands and Puerto Rico. Territories under the jurisdiction of the United States; which Mr. WELLINGTON presented a petition of the Woman's Chris- were referred to the Committee on the Judiciary. 1900. CONGRESSIONAL RECORD-SENATE. 2917

REPORTS OF COMMITTEES. I He also introduced a bill (S. 3615) to provide a li~rary ~uil~ing . for Manila Philippine Islands; which was read twice by its title, Mr. GALLINGER. . I am directed by the Committee o:i;i Com- and referr~d to the Committee on the Philippines. merce, to whom was refer!e~ the bill (S. 2882) to authorize. the Mr. WARREN introduced a bill (S. 3616) to authorize the pay­ Cambridge Bridge Commission to construct a drawless bridge ment of travelinO' allowances to enlisted men of the regular and across the Charles River, in the State of :Massachusetts, to repo:t volunteer forces0 when discharged by order of the Secretary of it with an amendment. I beg to suggest that to-morrow or m War and stated by him a.s entitled to travel pay; which was read the near future I shall file a written report in support of the bill. twice by its title and referred to the Committee on Military The PRESIDENT pro tempore. The bill will be placed on the Affairs. ' . Calendar. . . He also introduced a bill (S. 3617) to con·~ct the. mih_tary record Mr. GALLINGER, from the Commit_tee on ~ens1ons, to wh~m of George A. Erdman; which was read twice by its title, and re­ was referred the bill (H. R. 7114) grantmg an mcrease of pel!s10n ferred to the Committee on Military Affairs. to Johns. Parker, reported it without amendment, audsubmitted Mr. PROCTOR (by request) introduced a bill (S. 3618) for pre- a report thereon. . venting the adulteration, misbrand~ng, an9' imitati_on _of foods, He also, from the s~me c~mmittee, to wh~m was referred the beverages, candies, drugs_, and condiments i1?- th~ District of Co­ bill (H. R. 7896) granting an mcrease of pension to ~amuel Lybar- lumbia and the Ten·itories, and for regulating mterstate traffic ger, reported it without amendment, and submitted a report therein and for other purposes; which was read twice by its title, thereon. and ref~rred to the Committee on Agriculture and Forestry. Mr. PETTUS, from the Committee on Military Affairs, to whom Mr BURROWS introduced a bill (S. 3619) grautjng a pension were refen-ed the following bills, sub~itted adverse reports.there- to M~ry A. Colhoun; which was read twice by its title, and i·a. on, which were agreed to; and the bills were postponed mdefi- ferred to the Committee on Pensions. . nitely: . . Mr. MASON introduced a bil~ (S. 3620) gran~ng a~ m~rease of A bill (S. 1962) for the relief of Lucy A. Hop~ns; and pension to George Gaylord; which was read twice by ~ts title, and, A bill (S. 696) to remove the charge of desertion from the name with the accompanying paper, referred to the Committee on Pen- of James Plymate. sions. · Mr. PETTUS, from the Committee on Claims, ~o whom "Yas re. Mr. BERRY introduced a bill (S. 3621) for the relief of S. N. ferred the bill (H. R. 2456) for the relief of the hem:i and assignees Caughey; which was read twice by its title, and referred to the of Philip McLoskey and John Hagan, asked to be discharged f!om Committee on Claims. its furt~er considerat!on and that it be refel'red to the Committee He also introduced a bill (S. 36_22) for the relief _of the ~stat_e of on Pubhc Lands; which was agreed to. . . · . James M. Barker, deceased; which was read twice by its title, . Mr. PROCTOR, from the Committee on Military Affairs, to and referred to the Committee on Claims. whom were referred the follo~ng b~s, reported adversely thereon; Mr. PENROSE introduced the following bills; which w~re sev- and the bills were postponed mdefimtely: . erally read twice by their titles, and referred to the Comnnttee on A bill (S.1366) to removethe charge of desertion from therecord Pensions: of Wil~iam Cruse; and . . . A bill (S. 3623) granting a pensi~n to L. A. Sirwell; . A bill (S. 2842) correcting the military record of James A. A bill (S. 3624) granting a pension to Henry K. Davis (with Scull. . . accompanying papers); and . Mr. WETMORE, from the Committee on the Libra_ry, to w~om A bill (S. 3625) granting a pension to Thomas Chase. was referred the bill (S. 2859) to incorp~rat~ the National Society Mr. l>ENROSE introduced a bill (S. 3626) aut~orizin&" the er~c- United States Daughters 1812, reported it with amendments, and tion or rental of a suitable building for use as a hbrary m the city submitted a report thereon. . . . . of Mani1a, Philippine Islands, and for other pur~oses; which w~s Mr. BURROWS, from the Committee on Military Affairs, to read twice by its title, and referred to the Committee on the ~hil­ whom was referred the bill (S. 1339) to place James. W. ~ong, ippines. late a captain in the United States Army, upon the retired hst of He also introduced a bill (S. 3627) appropriating $25,000 to the the Army, reported itwithoutamendment,andsubmittedareport Franklin Institute of Philadelphia, and the Purdue University, thereon. of Lafayette Ind., 'for the purpose of determining the quantity of Mr. ELKINS, from the Committee on Commerc~, to_whom_:was the so-called "hammer blows," "centrifugal lift, and tangential referred the bill (H. R. 8063) to legalize . and mamtai:i;t th~ iron throw" of locomotive driving wheels in use on American railroads; bridge across Pearl River at Rockport, Miss., reported it with an which was read twice by its title, and referred to the Committee amendment, and submitted a report thereon. on Appropriations. He also, from the ~ame comzi;iitt~e, to v;:hom 'Yas referred the • 1\Ir. ALLEN introduced a bill (S. 3628) to .remove the cha!ge of bill (S. 3257) to legahze and mamtam the iron bridge across Pea:rl desertion from the name of Peter Coyle; which was read twice by River at Rockport, Miss., reported adversely thereon; and the bill its title and referred to the Committee on Military Affairs. was postponed indefinitely. . . Mr. HAWLEY introduced a joint resolution (S. R. 104) to Mr. ELKINS. I am d~rected by the Commit~ on Claizi;is, to amend the joint resolution permitting Anson Mills, colop.el of whom was referred the bill (S. 1864) for the rehe! of the heirs of Third Regiment United States Cavalry, to accept and exercISe the Benjamin Wilson, to ask to be discharged from ~ts further con- functions of boundary commissioner on the part of the United s~deration, ~nd that it be referred to the Comrmttee. on Revolu- States, approved December 12,_ 1893; which was read twice by . ~ts tionar~ Claims. I ask ~or thIS c~ai;ige of reference with the con- title, and, with the accompanymg papers, referred to the Commit- sent of the Senator havmg the b1ll m ~harge. . . . . tee on Military Affairs. The PRESIDENT pro tempore. Without obJection, it will be so ordered. AMENDMENTS TO BILLS. Mr. MASON, from the Committee on Claims, to whom was re­ Mr. McMILLAN submitted an amendment intended to be pro­ ferred the bill (8. 3384) for the relief of Recknagel &Co., reported prosed by him to the joint resolution (S. R. 98) authorizing the Sec· it without amendment, and submitted a report thereon. retary of the Navy to cause to be struck bronze medals commeJ?l.· JOHN H. EGGBORN. orating the naval engagements on the Cuban coast, a!id to dis­ tribute such medals to the officers and men of the ships of the Mr. MASON, from the Committee on Claims, to whom was re­ North Atlantic Squadron of the U~ted States; which w~s re­ ferred the bill (S. 781) for the relief of John H. Eggborn, of Cul­ f erred to the Committee on Naval Affrurs, and ordered to be prmted. peper County, Va., reported the following resolution; which was Mr. TURLEY submitted an amendment intended to be pro­ considered by unanimous consent, and agre~d to: posed by him to the bill (H. R. 8620) amendatory of sections 3339 Resolved Tbatthe bill (S. 781) entitled "A bill for the relief of John H. and 3341 of the Revised Statutes of the United States, relative to E~gborn of Culpeper County, Va.," now pending in the Senate, together internal-revenue tax on fermented liquors; which was refened to with all the accompanying papers, be, and tl1:e. same is hereby,_ refe,~ed to the Court of Claims, in pursuance of the proVl.Sions of an act entitled An. act the Committee on Finance, and ordered to be printed. to provide for the bringing of snits against the Government of the Umted Mr. PLATT of New York submitted an amendment proposing ·States " approved March 3, 1887. And the said court shall proceed with the to appropriate $12,000 for the purchase of lot 12, block 8,_ in Com­ same i~ accordance with the provisions of such act, and report to the Senate in accordance therewith. missioners' subdivision of Washington Heights, for the improve­ BILLS INTRODUCED. ment of the public park on Eig~te~nth street ex1:ended, in~n~ed to be proposed by him to the District of. Columbia appro~ri~t10n Mr. McMILLAN introduced a bill (S.3613) grantinganincrease bill; which was referred to the Committee on Appropriations, of pension to John R. Eggeman; which was read twice by its title, and ordered to be printed. and, with the accompanying papers, referred to the Committee WITHDRAWAL OF PAPERS. on Pensions. . He also introduced a bill (S. 3614) for the relief of the heirs of On motion of Mr. HAWLEY, it was Ordered, That leave be granted for the withdrawal from the files of ~he William A. Burt, deceased; which was read twice by its title, and Senate the papers relating to the case of A. H. Goodloe (S. 450, first session referred to the Committee on Public Lands. Fifty-fifth Congress), no adverse report having been made th~reon. 2918 CONGRESSIONAL ·-RECORD-SENATE. '.MARCH 15;

REPORT ON MILITARY OPERATIONS, dered as an attorney at law, the services being the defense of sun­ dry actions instituted and prosecuted against a military officer Mr. HAWLEY. I submit a concurrent resolution for refer­ and men of his command in the Indiana State courts and the ence to the Committee on Printing. Only 1,000 copies of the United States circuit court within and for the district of Indiana. document are printed under the regular order. for acts done by them while in the ·discharge of their duty and in The concurrent resolution, with the accompanying paper, was obedience to orders emanating from the authority of the United read, and referred to the Committee on Printing, as follows: States Government during the late war. Resolved by the Senate (the House of Representatives concurring), That there The bill was reported to the Senate without amendment, ordered sba.ll be printed 7,000 copies of the annual report of the Major-General Com­ manding the Army to the Secretary of War for the year 1899, with accom­ to be engrossed for a third reading, read the third time, and passed. panying papers and documents, of which 2,000 COJ.Jies shall be for the use of the Senate, 4,000 copies for the use of the House of Representatives, and 1,000 PUERTO RICAN REVE1'"UES. copies for the use of the War Department and the headquarte1'3 of the Army. Mr.SULLIVAN. Mr. President.- TOWN-SITE COMMISSIONS IN INDIAN TERRITORY. Mr. ALLISON. I ask the Senator from Mississippi to yield to me that I may this morning call up House bill 9080 for consider~­ Mr. JONES of Arkansas submitted the following resolution; tion. which was considered by unanimous consent, and agreed to: Mr. SULLIVAN. I yield to the Senator from Iowa for that Whereas frequent complaints are being made from many sections of the purpose. Indian Territory that the town-site commissions are incompatent, inattentive to their duties, and are not discharging the duties incumbent upon them: The PRESIDENT pro tempore. The Senator from Iowa asks Resolved, That the Committee on Indian Affairs be directed to inquire into for the present consideration of the bill (H. R. 9080) appropriat­ the truth of these allegations and to report to the Senate. ing, for the benefit and government of Puerto Rico, revenues col­ lected on importations therefrom since its evacuation by Spain, CAPE NOME DISTRICT, ALASKA, and revenues hereafter collected on such importations under exist­ The PRESIDENT pro tempore laid before the Senate the amend­ ing law. ments of the House of Representatives to the concurrent resolu­ Mr. ALLISON. Mr. President, this is a bill reported unani­ tion of the Senate to print the report of the Director of the Geo­ mously from the Committee on Appropriations. I gave notice logical Survey 1·elating to the Cape Nome district, in Alaska. several days ago that I would call it up, but for one reason and The amendments were, in line 2, to strike out "twelve thou­ another it has been laid over. I now ask that it may be consid­ sand five hundred" and insert "twenty-five thousand;" in line 7, ered. I think it will not take a very great length of time. to strike out" twenty-five hundred" and insert" five thousand;" The PRESIDENT pro tempore. The bill will be read. in line 8, to strike out" five thousand" and insert ';ten thousand;" TheSecretaryread the bill; and, by unanimous consent, theSen­ in line 9, to strike out "five thousand" and insert" ten thousand." ate, as in Committee of the Whole, proceeded to its consideration. Mr. COCKRELL. Now let the concurrent resolution be read The bill was reported from the Committee on Appropriations as it will be as amended. with amendments. The concurrent resolution was read as amended by the Honse The first amendment was, on page 1, line 9, after the words of Representatives, as follows: "nineteen hundred," to strike out: Resolved by the Senate (the House of Representatives concurring), That there Together with any furt.her customs revenue collected on importations be printed 25,000 extra. copies of the report of the Director of the Geolo!Pcal from Puerto Rico since the 1st of January, 1900, or that shall hereafter be Survey tmbmitted to the Secretary of the Interior, relating to the Cape Nome collected under existing law. district. in Alaska, with maps accompanying the same, 5,000 copies for the use of the Senate, 10,000 copies for the u se of the House of Representatives, and The amendment was agreed to. , 10,000 copies for distribution by the Geological Survey. . The next amendment was, on page 2, line 1, after the word "gov- Mr. PLATT of New York. On behalf of the Committee on ernment," to insert: Printing, I move that the Senate concur in the amendments of the Now existing a.nd which ma.y hereafter be established in Puerto Rico, and House. for public education, public works, and other governmental and public pur- The amendments were concurred in. poses therein. INTERVENTION IN SOUTH AFRICAN w AR. The amendment was ~greed to. Mr. FORAKER. If m order,.! have-- The PRESIDENT pro tempore laid before the Senate the follow- Mr. ALLISON. I ask the Senator to wait one moment until ing message from the President of the United States; which was the other amendments are agreed to. read, and, with the accompanying papers, referred to the Commit- I Mr. FORAKER. Very well. tee on Foreign Relations, and ordered to be printed: • The next amendment was, after the amendment just agreed to, To the Senate of the United States: in line 4, page 2, to s~ike out the words: In response to the resolution of the Senate of March 12, 1900, calling for the And benefit of Puerto Rico until otherwise provided by law. correspondence tou~g the re9.uest_of the.Governments o~ the Sout~ ~~ri- can Republics for my intervention with a view to the cessation of hostilities, The amendment was agreed to. I transmit herewith a report of the Secretary of State furnishing the re- The next amendment was, on page 2, line 5, after the words'' and quested papers. WILLI.AM McKINLEY. the," to strike out "revenues herein referred to, already collected EXECUTIVE M.A.NSION, ltfa,.ch 15, woo. and to be collected under existing law, are" and to insert "said nousE BILL REFERRED. sum, or so much thereof as may be necessary, is." The amendment was agreed to. The bill (H. R. 5049) to settle the title to real estate in the city Mr. JONES of Arkansas. Mr. President, this is an important of Santa Fe, N. Mex., was read twice by its title, and referred to bill, and the effect of the committee amendments I can not under­ the Committee on Public Lands. stand without a copy of the bill before me. I have sent for a copy, WILLIAM G. M'LAIN, but have not been able to see one. I think there should be some explanation made to the i:3enate as to what the amendments mean; Mr. GALLINGER. I ask for the present consideration of the what they are for. bill (H. R. 4648) granting an increase of pension to William G. Mr. COCKRELL, Let the bill as now amended be read. McLain. It is a. bill in behalf of a soldier who is at the present Mr. STEW ART. That is the quickest way. time very sick. 1 ask unanimous consent for its present consid­ Mr. JONES of Arkansas. I think the amendments ought to eration. have more consideration than they can receive by being read in There being no objection, the bill was considered as in Commit­ this way. tee of the Whole. it proposes to place on the pension roll the Mr. ALLISON. I will explain briefly. The effect of the amend­ name of William G. McLain, late of Company F, Twenty-seventh ments proposed by the committee js simply to make a specific ap­ Regiment Iowa Volunteer Infantry, and to pay him a pension at propriation of these rnvenues (!own to and including the 1st day the rate of $50 per month in lieu of that he is now receiving. of January, 1900. The bill as passed by the House proposed an The bill was reported to the Senate without amendment, ordered appropriation also of revenues hereafter to be collected. Then to a third reading, read the third time, and passed. the committee enlarged somewhat, or rather modified somewhat, the uses and purposes to which the appropriation shall be applied. ESTATE OF SEWELL COULSON, DECEASED. I will say to the Senator from Arkansas that the bill was very Mr. FAIRBANKs. I should liketohavethe present considera­ carefully gone over in the Committee on Appropriations and these tion of the bill (S. 855) for the relief of Mary A. Coulson, executrix amendments received the sanction of that committee. They are of Sewell Coulson, deceased. amendments more in form, perhaps, than otherwise, except that There being no objection, the bill was considered as in Commi tt~e they strike out the provision making an appropriation of future of the Whole. It proposes to pay to Mary .A. Coulson, executrix revenues. · and sole legatee of SeweUConlson,. deceased, ~at~ of Sullivi:n. Ind., Mr. STEWART. Let the bill be read. $3,950, being the amount due to hun for professional services ren- Mr. ALLISON. Now, I ask that the bill be read as amended. 1900. CONGRESSION.A:L -R:FjCORD-SEN:A.TE. 2919.

The PRESIDENT pro tempore. The bill will be read as Puerto Rico is now such that those people do require an appropri­ amended. · ation from this Government in order to carry on their govern­ The Secretary read the bill as amended, as follows: mental affairs. That being true, it was the object of the com­ Be it enacted, etc., That the sum of $2,095,455.88, being the amount of cus­ mittee to a void these conflicting interpretations and these questions toms revenue received on importations by the United States from Puerto that are now being considered every day, and which the Senator Rico since the evacuation of Puerto Rico by the Spanish forces on the 18th of October, 1898, to the 1st of January, 1900, shall be placed a.t the disposal of the will have a· thorough opportunity to present under the Puerto President, to be used for the government now existing and which may here· Rican bill now in charge of the Senator from Ohio [Mr.FORAKER], after be established in Puerto Rico, and for public education, public works, chairman of the Committee on Pacific Islands and Puerto Rico. · and other governmental and public purposes therein; and the said sum, or so much thereof as may be necessary, 1s hereby appropriated for the pur­ So I trust he will not on this occasion seek to involve this appro­ poses h erein specified, out of any m oneys in the Treasury not otherwise ap­ priation in those complications. propriated. Mr. JONES of Arkansas. Mr. President, I must offer an amend­ Mr. JONES of Arkansas. I should be glad if the chairman of ment, if I can have the time to know exactly where it should go the committee would explain just what is the effect of the first in. I want to make this proposition: committee amendment. You propose to strike out the words "to­ That all duties collected to this date upon articles imnorted into the United gether with any further customs revenues collected on importa­ States from Puerto Rico since th.e 11th day of April, 1899, the date of the ex· tions from Puerto Rico since the 1st of January, 1900, or that change of ratifications of the treaty of peace between Spain and the United States, be returned to the persons from whom they were collected, and from shall hereafter be collected under existing law," and to insert and after the passage of this act no duties shall be collected on articles com- "now existing and which may hereafter be established in Puerto ing from Puerto Rico. · Rico, and for public education, public works, and other govern­ mental and publi~ purposes therein." You then strike out the As soon as I can put that in shape I will offer it. words "and benefit of Puerto Rico until otherwise provided by Mr. COCKRELL. The 18th day of October, 1898, the date of law." I confess I do not at once get the exact meaning of these the evacuation of Puerto Rico, instead of the 11th day of April, different amendments. 1899. Mr. ALLISON. The first amendment: the Senator will see, is Mr. JON~S ot Arkansas. I think -the time of the ratification to confine the appropriation to the revenues collected up to the ought to be the date. I have no objection to making an appro­ 1st of January, 1900. That is a distinct amendment. priation to help the people of Puerto Rico, but I think the best Mr. JONES of Arkansas. Then what is to be done-- way to do is t-0 give them justice. I think the best way to do this Mr. ALLISON. And the other is an amendment making a would be to strike out the whole of the bill after the enacting Iittle more Clear the purposes towhich the revenues may be a pplied. clause and to insert what I send to the desk. I offer that as an Mr. JONES of Arkansas. Then, as the bill came from the amendment. House it appropriated the revenues that have been derived up to The PRESIDENT pro tempore. The Senator from Arkansas the 1st of January and those that are to come hereafter? proposes an amendment which will be read. Mr. ALLISON. Yes. The SECRETARY, Strike out all after the enacting clause and Mr. JONES of Arkansas. Now the Senate proposes to strike insert: that out. What disposition does the Senat-0r propose to make of · That all duties collected to this date upon articles imported into the United the revenues derived after that time? States from Puerto Rico since the 11th day of April, 1899, the date of the ex­ Mr. ALLISON. Tha~ will be a matter, of course, for Congress change of ratifications of the treaty of peace between Spain and the United to dispose of at any time. We desire to make this appropriation States, be returned to the persons from whom they were collected, and from and after the passage of this act no duties shall be collected on articles com· · specifically. Of course we could not know how much revenue ing from Puerto Rico. · would be received after the 1st of January. This is-- Mr. JONES of Arkansas. I should be glad to vote for the bill Mr. ALLISON. I donotwish to be factiousaboutthisamend­ if it contained a provision to return to Puerto Rico all of the ment, but I submit to the Chair that it proposes new and impor­ money that has been collected from Puerto Rico under the cus­ t-ant legislation and certainly has no place on an appropriation toms laws since the ratification of the treaty, coupled with a pro­ bill. I dislike to make a point of order, but if I can, I make it. · · vision that there shall be no more collected. Mr. JONES of Arkansas. It will not be on an appropriation l\!r. ALLISON. I have no doubt the Senator would be glad to bill if the motion prevails to strike out all after the enacting do that, but I trust he will not raise that question, which is the clause and insert what I propose as·a substitute. very one that we are debating here from day to day in-connection 1\fr. ALLISON. I am sure it will not; but this is an appropria­ with the whole subject of Puerto Rico. It was the object of the tion of money, and here is very important legislation proposed, I - Committee on Appropriations to avoid any question as respects submit to the Chair, not only a8 respects the money that is to be the matters which are continually the subject of debate here. paid, but as respects legislation for the future. I leave that to the . We all agreed, I think, that it would be unwise to involve those Chair. questions in the consideration of this bill. I hope the Senator Mr. SCOTT. I should like to hear the amendment read again. from Arkansas will see his way clear to follow these suggestions. We could not hear it well in the corner of the Chamber. Mr. JONES of Arkansas. Mr. President, I i:egard this bill as The PRESIDENT pro tempore. The amendment will be again an extremely important measure- read. Mr. ALLISON. So do we all. The Secretary again read the amendment. Mr. JONES of Arkansas. And one that touches the funda­ Mr. LINDSAY. Mr. President, this amendment seems to settle mental principles on which this Government is organized. For conclusively a question that is at least open to doubt. If the du­ one I do not believe that there is any law for ·the collection of ties have been paid without authority of law the parties who have revenues from importations coming from Puerto Rico into· this paid them have a just claim against the Government for their country. So I believe it is the duty of the Senate and the duty return, and' the adoption of the amendment of the committee of Congress to return what has already been collected. It ought will not at all preclude those people from assertingthat·claim. If to be returned to the men who paid it. When we levy these it turns out, however, that the courts shall decide- taxes on certain individuals and compel them t-0 pay these reve­ Mr. SPOONER. Will the Senator permit me a moment? nues and take them into the hands of the Government and then Mr. LINDSAY. Certainly. propose to pay it back to the government of Puer.to Rico, we are Mr. SPOONER. A suit is pending now based on that pro;;>osi- guilty of a double injustice. This ought not to be done. tion. · I do not know just how the matter could be remedied, but it Mr. LINDSAY. If it shall turn out in the end that these du­ aeems to me that the bill ought to provide for the return of these ties were legally and constitutionally collected, and that the Gov­ duties to the men who paid them, and it should provide that there ernment has the right to keep the money and is under no obliga­ shall be no more collection of duties coming from Puerto Rico to tion to return it, the adoption of the substitute offered by the. the ports of this country, and I mnst offer an amendment of that Senator from Arkansas will amount to a donation of $2,090,000 to sort. I can not afford to vote for this kind of a proposition. As the people who paid these duties. It seems ·to me that we ought soon as I can have time to prepare it properly I will offer it. . to leave that question to be determined by tlre courts and not Mr. ALLISON. Mr. President, this is a proposition which in undertake to adjudicate it in the Senate. no sense deals with the complicated question suggested by the The latter clause of the amendment, which provides that no fur­ Senator from Arkansas.· Whilst he gives it as his opinion that ther duties shall be collected upon imports from Puerto Rico, I the duties ought not to have been collected, I think the opinion of shall very cheerfully support, but I can not undertake to decide the law officers of the Government and of the best lawyers in the this disputed question in favor of those people who have volun­ country is that under existing law the duties must be collected tarily imported their goods into the United States and paid the until Congress provides otherwise. import duties. Therefore, without going into that question at all, or the ques­ Mr. MASON. Mr. President, the bill pending is a straight ap­ tion whether hereafter we shall be compelled to return these same propriation bill. The amendment offered is not germane to the duties under decisions of the cotµ"ts to the persons who have paid pending bill. The appropriation bill, it is true, provides for an them, it is known to every Senator ?ere that the situation in appropriation out of.a specific fund, or, in other words, it provides 2920 CONGRESSIONAL RECORD-SENATE. - MA.ROH 15, for an appropriation equal to the amount received in a specific the growing cane for next year can not be ground on such estates unless fund, whereas the amendment offered by the f5enator from .Axkan­ their owners can negotiate large loans. Many will be unable to do this, so the prediction seems justified that much growing cane will next year be left sas proposes future revenue legislation. It fixes what in my to rot in the fields. opinion and in the opinion of many is already the law in the case. The municipal governments are many of them prostrate; the police can In other words, when we are about to app1·opriate two million not be paid, the prisoners can not be fed, and the schools must be closed if not wholly supported from the insular treasury. and odd dollars for the benefit of the people of Puerto Rico in From every town and village I am appealed to for financial help, donations; their hour of distress, because they are in need of money, because loans are asked, implored even, and the alternative of chaos is predicted as of the disasters that have come from storm and flood and hurri­ the result of refusal Proprietors beg for financial help, and the homeless for rehabilitation ottheir dwellings. • "' • cane, the Senator seeks to add as an amendment to that bill a pro­ I can think of but two measures of relief. Neither alone will fully real· vision governing the future revenue laws between one part of the ize that result, and with a combination of the two the recovery will not be United States and another. immediate. Unless something is done by the invocation of powers beyond my control.1 I fear that the conditions prevailing will go from what is now I sympathize very s,µ-ongly with the thought that there should extremely oad to a still worse condition, even to the assumption in certain be no revenue collected upon import duties between the United localities of military government, pure and simple. with hordes of people de· States and any other part of the United States. I believe Chief pendent for their existence on the bounty of the Government of the United States and its ~eople. Justice Marshall stated the law when he said that the Constitu­ I have abstamed from any expression of opinion upon this matter until I tion goes where the Government goes, and particularly that part could have time to investigate the real state of n.ffa1rs in which the island of the Constitution which fixes the right to lay impost duties and was left by the calamity, the like of which the people of the United States fortunately have and can have no conception. provides that they must be uniform. It is with hesitancy that I propose measures of relief that have been hith­ I consider, and I desire to suggest respectfully to the Chair, that erto unknown, but our country has by assumption of sovereignty over for­ the amendment which fixes the future revenue legislation is not eign lands and people incurred responsibilities which can not be evaded. By the treaty of Paris nearly 1.,000,000 inhabitants of Pn"erto Rico have been pertinent, that it is not germane to the pending bill, which proposes b1·ought under the laws of the Union. They are unused to American laws simply an appropriation for the benefit of Puerto Rico. and customs, and have had in the past no power of initiation. They were Mr. SPOONER. I am compelled to say that so far as the point taught and forced to rely upon the Government in any and every important of order made is concerned-- undertaking or proposition. They have been thoroughly tau~ht to obey, but know little of self-reliance. Is it surprising that the obliteration of one-third The PRESIDENT pro tempore. The point of order has not of the wealth of the island, other than the soil itself, bas been followed with been raised, a.a the Chair understands it. industrial paralysis? So I have to hear the appeals-most piteous appea.ls­ Mr. SPOONER. I do not know that the point of order has for help from almost every hamlet. They see no way to turn but to the way they have always tnrned-i. e., to the Government, and as its representative been raised. here I must hear and dispose of those appeals. The PRESIDENT pro tempore. It has not been raised, as the Many millions of money, as loans, have been asked by municipalities and Chair understands. individuals. I can only give food for the hungry. Should the supply fail, the1·e would be a f aniine such as in the past has swept over and depopulated large dis­ Mr. MASON. The Senator from Iowa made the point of order. tricts in India an.d China. Mr. ALLISON. I suggested it. The PRESIDENT pro tempore. The Chair did not understand The object of the appropriation is expressed on the face of the that the Senator made a point of order. If the Chair had under­ bill itself. The appropriation is: stood it, he would have ruled upon it at once without any debate. To be used for the government now existing and which may hereafter be Mr. SPOONER. I was about to say, supposing the point of established in Puerto Rico, and for public education, public works, a.ndother order had been made that the amendment changed the direction governmental and public purposes therein. of the appropriation, it would not to my mind be well taken. To propose to divert this money needed over there to the men This is not a general appropriation bill. It is an appropriation of who imported these articles-and they are very few-into the $2,095,455.88 derived from customs, and it is provided here that United States, is not a purpose which ought to commend itself to the money may be used in a certain way by the President. I have the popular judgment or to the judgment of the Senate. not tnyself been able to see, that being a special appropriation; it Out of this money which is proposed here to be appropriated would not be competent for the Senate by an amendment to about $1,800,000, as I remember it, was collected from duties upon change the beneficiary if the Senate saw fit to do so. I do doubt sugar, controlled by a very few men and imported by a few men. somewhat the validity of one amendment which the Senator from One hundred and eighty thousand dollars, or thereabouts, was .Axkansas proposes. As I understood him, the effect of it, if collected from tobacco, and some was collected upon tropical adopted, is to change the revenues as to the future. I have not fruits. supposed that the Senate could originate a proposition of that Tra3re is now a. suit pending, brought by some of these men kind. But that point of order has not been made. who have imported some of these articles from Puerto Rico into I rose, Mr. President, for the purpose of saying a word upon the the United States, and paid the duties under protest, to recover merits of this amendment. Every Senator, of course, acts upon this money upon the ground that the Government had no power bis own judgment and upon his own responsibility, but I had to exact the duties. Why should we anticipate a decision in hoped that no Senator would feel impelled by a ·sense of duty to that case? It may be fair to say that there is much to be said propose an amendment to this bill raising a question concerning_ on both sides of the question, although from my own stand· which there is division of opinion in the Senate, and I hope now point-and I do not intend to make any discussion upon that-I that, on reflection, the Senator from Arkansas will not press the think the duties were properly collected and can not be recovered amendment. This really is a bill of mercy; it is a bill of gener­ by those who paid them• osity and humanity; it is, it may be said, without precedent, but .Mr. TURLEY. Will the Senator from Wisconsin allow me to our situation is unprecedented. The necessity for this bill and ask him a question? our relation to it grows out of a condition which is new to us. It Mr. SPOONER. Certainly. has been reported by General Davis, and is known to our people, Mr. TURLEY. Suppose the suits the Senator referred to were that the condition in Puerto Rico is inexpressibly distressing. gained, that the com-t decided that the tax was illegally collected, Ont from under the tyranny of Spain, that island was devastated and this money bas to be refunded to the people who paid it, then by the forces of nature. General Davis has reported that there is we shall have t-0 pay it back to the people who paid it? the utmost paralysis there; that there is great distress there; and Mr. SPOONER. Yes. he is using, as a military commander-and he has the power to do Mr. TURLEY. Then we have to levy a tax of $2,095,455.88 on it under the laws of war, and it is just and proper that he should the people of the United States in order to raise this fund which do itLfunds now to relieve that people from starvation. He says:- has been heretofore paid by the people of Puerto Rico. Mr. SPOONER. That is trne. The coffee lands suffered worst. These trees are planted on the hill and mountain slopes, and in many places the declivities are very abrupt. The Mr. TURLEY. Then why not wait until it is decided whether gale tore up the trees, loosened the soil, and the deluge of water converted the tax was rightfully collected before we make any disposition the earth into a semi.fluid. of it? Then followed landslides, and thousands of acres of coffee plantations slid down into the valleys; trees, eoil, rocks, and every vestige of culture are Mr. SPOONER. And let the people of Puerto Rico starve un· pil~d up in the bottom of the v~~fj~ In such cases there is no restoration til this cause has gone through the various courts of the United possible, for where there were s · · g groves are now only bald rocks which States and we have ascertained by a decision whether we are were uncovered by the avalanches. Where the soil was not disturbed the most of the coffee trees were either obliged to pay back to the importers of sugar and the importers of uprooted, broken off, or stripped of foliage and the immature berries. The tobacco the moneys collected from them as duties upon these im· larger trees of other varieties, which are habitna.lly grown for shade to the ports? Is that a proposition to which the Senator would sub· coffee, were blown down, and their protection to the coffee trees is also gone; so where the trees are not wholly denuded the protection of the berries from scribe? the sun's heat is absent, and the green fruit is blighted and spoiled. Mr. TURLEY. I do subscribe to this proposition, Mr. Presi· It will take five years to reestablish these coffee vegas, and there will be dent: That I am not in favor of taxing the people of the Unired necessarily years of want and industrial paralysis. The sugar industry has suffered much less than the others. Some cane States for this purpose, and that is what this means, no matter has been uprooted, and some has been buried, and many mills have been dam­ bow yon state it, becanse this fund here, as it exists in this bill, is aged or destroyed. The margin of profit at present prices to the sugar the result of taxation imposed upon the citizens of the United grower is small. but there is a margin of probably a half cent per pound to the manufacturer who has modern machinery; but the old "Jamaica train" States, and it is" simply levying a tax t'o make a donation. That mills, which are badly damaged, will probably never be reconstructed, and is all it is. 1900. ·CONGRESSIONAL.- RECORD-SENATE.' 292

Mr. SPOONER. The proposition of. the Senator is one.which minion to the dominion of the United States, and of a storm, the would, of course, render it impossible for us to afford any relief terrific and devastating nature of which can scarcely be conceived to that people. by any inhabitant of the United States, where we are not subject I have voted to appropriate money raised by taxation to relieve to such calamities and such hurricanes as happen there, by which • people in distress in some of the States through floods and other the whole island, from one end to the other, has been devastated misadventures and misfortunes, and I should vote to appropriate, and the means of subsistence of the people practically destroyed. and will vote, independent of the source from which this money It will take time before any restoration can be made. The people was derived, to appropriate the money necessary to relieve from are without the means of recuperating; and I believe it is the duty distress that people, still under a military government and not of. the United States, under the circumstances and under the long under our flag. emergency, to make an appropriation for their relief. Mr. KENNEY. May I ask the Senator a question? As to the manner of the appropriation, the bill as it came from :Mr. SPOONER. Certainly. the House has been read and the Senate amendment. The ques- Mr. KENNEY. You are in favor of making an appropriation tion comes up now, first, as it is claimed by some, that these duties of $2,095,455.88 for the relief of the people of Puerto Rico; but were illegally levied; that under the Constitution we had no right could that not be done by striking out all of this proposed bill to exact any duties upon such imported articles. The importing which relates to any revenue co1lected on the imports from that merchants, as I understand, have paid these duties and have insti­ island and making a plain and clear appropriation of two or three tuted suits in our courts to test the validity of this imposition of million dollars~ if it be ne.cessary, for those people, and> as has. duty. Those suits are now pending. If they are decided in favor been suggested, let the question of revenue be settled hereafter? of the contestants, the money will be refunded to them, and I Mr. SPOONER. It is a matter of no consequence that that presume that nearly all of the large importers, at least, have filed language is in the bill. It is in the bill because it is the measure protests. The duties will then have to be 1·efunded out of the of the amount-82~095,455.88. That is the amount which has been Treasury of the United States, as all such illegal taxes are refunded collected, and I think properly collected, and I propose to vote for when proper protests are made within the ti.me p1·escribed by law. the bill with that in it, Mr. President. I propose to vote for it just I presume in these cases, necessarily, that nearly every importer as soon as I ean, because we can not be toospeedy in our enactment of any amount has filed his protest. to carry relief to that people. Mr. President, I am opposed to that part of the amendment of Mr. CLAY. Will the Senator allow me to ask him a question? my friend from Arkansas [Mi·. JONES) which proposes to return Mr. SPOONER. Certainly; I will allow everybody to ask me a these duties to those who paid them. That would give the money question. to the importexs. Mr. CLAY. Is it not a matter of fact that this $2,095~455.88 has Mr. SPOONER. And not to the producers. been collected during the last nine or ten months from the people Mr. COCKRELL. The producers have nothing to do with it. of Puerto Rico by the Government of the United States? That is Those duties have been paid by the consumers of those articles in true, is it not? the increased prices which they have paid for them. The people Mr. SPOONER. It has been collected from a very few of the of Puerto Rico have not paid those duties; they have not expended people of Puerto Rico by the Government of the United States. the- money; but it has been paid by the importers, the amount of Mr. CLAY. We have collected this amount from a people who the duty being added to the selling price of the commodities in are on the verge of starvation. . our market, and finally has been paid by the consumer. If the Mr. SPOONER. I did not say anything of the kind; and if motion was to refund the money to those who have consumed the anybody else says that, I deny it. articles. justice would be done. Mr. CLAY. We have collected that amount from a people who Mr. JONES of Arkansas. May I ask the Senator a question? are suffering and distressed, and have been suffering to an ex- Mr. COCKRELL. Certainly. treme on account of hardships endured there and on account of Mr. JONES of Arkansas. Of course I want to find out what storms and other events that I do not care to mention. Now, the facts are in this case. I know the Senator from Missouri usu- have we not done wrong in collecting any money from them? ally when be speaks has accurate information. and he is a member Mr. SPOONER. I think not. of the committee which has reported the bill. He says that the Mr. CLAY. If we have been collecting revenue from a. people duties were not paid by the people of Puerto Rico, and that they in that condition, you think now we ought to pay it back? have no interest, as I understand it, in the return of those duties. Mr. SPOONER. I think we have been right in collecting the I should like to know what the Senator bases that statement upon.

revenue1 and I think we ought to make this appropriation. Is Ts it a mere conjecture on his part, or is he familiar with the that an answer to the Senator's question? facts? Mr. CLAY. I think it is; but I do not think it is consistent by Mr. COCKRELL. I base it upon the principle, which has been any means. . advocated from the foundation of this Government, according to Mr. SPOONER. I said a moment ago that this entire sum my economic theories, that the consumer of imported articles in that was collected from a comparatively few people. It has not the increa.sed price occasioned by the duty pays in the end. been collected from the poor people of Puerto· Rico, but it has Mr. JONES of Arkansas. I agree with the Senator that that is been collected from -the comparatively few people who produce the fact; but the point I want to get at in this case is this: A very sugar and tobacco there. large quantity of goods that come into the United States are sent Mr. TILLMAN. Will the Senator allow mei by their owners abroad to consignees here. The duties are paid The PRESIDENT pro tempore. Does the Senator from Wis- by the men who own the goods. If the producers of this sugar consin yield to the Senatar from South Carolina? send it to consignees in New York, they, of course, would be com- Mr. SPOONER. Certainly. pelled by their agents to pay the tax. Then, when the tax is re- Mr. TILLMAN. I should like to ask the Senator,. when he.· turned, it goes to the producers or owners of the sugar. If the states the. broad proposition that this money has not been collected men who owned the sugar imported it to this country and th~ from the poor people, if the poor people did not labor to create duty shonld be refunded to their consignees here, would not ths this sugar, and if the. element of value, of the cost of it, is not owners ultimately receive it? that of labor to at least three-fourths of the amount? Mr. COCKRELL. I imagine in almost every solitary instance Mr. SPOONER. No. the articles were purchased in Puerto Rico and shipped here by M.r.TILLl\1.AN. Ifyoucancreatesugarwithoutwork,then-- the purchasers, and that the people- of Puerto Rico necessarily Mr. SPOONER. You can not create sugar without work. received a less price for their products than they would have re· Mr. TILLMAN. Very well. When you make cotton-- ceived if the importers of them had not been obliged to pay an Mr. SPOONER. Youcancreatesugarjustasyoucancreatecot- impost duty. ton, and pay a. very small price for the labor which produces it. Mr. JONES of Arkansas. Certainly that would be the case if That is what was done down there. they paid the duties. The only point on which I wanted to be Mr. TILLMAN. As to the cost of cotton, it takes about four- informed by the Senator was whether these goods were shipped fifths of the price received for the cotton to pay for the labor to to the United States by consignment or shipped here by the pur· produce it, and sometimes it is seven-sixths; in other words, we chasers in the United States. donotgetasmuchforthecottonasitcoststoraiseit. [Laughter.] Mr. COCKRELL. My impression is that most of them were Mr. COCKRELL. Mr. President-- purchased in Puerto Rieo. I may be mistaken on that point. It The PRESIDENT pro tempore. Does the Senator from Wis- would be very difficult to find out whether a. man had pm·chased ·Consin yield to the Senator from Missouri? or not, so far as that is concerned, but my impression is that the Mr. SPOONER. Mr. . President, I yield to the Senate. [Langh- articles were largely purchased. ter.] Mr. JONES of Arkansas. In many branches of trade, as the Mr. COCKREL.L. Mr. President~ I think no .one can question Senator knows, a great majority of the goods which come into the fact that an emergency now exists in the island of Puerto Rico this country are consigned by the owners to consignees, and the in consequence of the change.of administration, in consequence of owners of the goods pay the duties. That is the case in many the change of laws1 of the island passing from under Spanish do- branches of trade, a~d it may be the case in the sugar trade. It • 2922 CONGRESSIONA'.L "RECORD-SENATE. MARCH 15~ may be that the producers of sugar in Puerto Rico a.re th~ men The PRESIDENT pro tempore. Does the Senator from Mis- who have sent these goods here on consignment and have paid souri yield to the Senator from Ohio? the duties which are proposed to be refunded in this way. Mr. COCKRELL, Yes, sir. Mr. KENNEY. Would not the increased price charged by the Mr. SPOONER. Mr. President- agent of the consignee bring back to him the duty he would have The PRESIDENT pro tempor.e. Does the Senator from Wis· to pay? consin claim the floor? Mr. SPOONER. Now, Mr. President, I will hear the question Mr. SPOONER. I yielded to the Senator from Missouri [Mr. of the Senator from Missouri [Mr. COCKRELL]. COCKRELL] ; I now yield to the Senator from Ohio ~r. FORAKER] t Mr. COCKRELL. I have not propounded any question. and later I will yield to the Senator from Nevada r. STEWART]. Mr. SPOONER. I thought the Senator interrupted me for a Mr. FORAKER. I wanted to ask the Senator om Missouri a question. question at this point, provided the Senator from Wisconsin [Mr. Mr. COCKRELL. I thought thee.9nator had yielded the floor. SPOONER], if he has the floor, will allow me to do so. Mr. SPOONER. No; I yielded to you for a question. Mr. SPOONER. Certainly. - Mr. COCKRELL. Then I am' not through. rLaughter.] Mr. FORAKER. The Senator from Missouri [Mr. COCKRELL] Mr. President, we ought to be frank with each other here and was just speaking of the amendment proposed by the committee. deal candidly. The question comes up, Why was not this a direct I want to call his attention to the fact that the great industry of the appropriation? It will be a direct appropriation in the eve~t the isla~d, as I know he is fully aw~ll'e, is the coffee industry, and that importers succeed in having the tax refunded. the coffee plantations there are practically destroyed in conse­ We all know that the1·e has been some excitement in this coun­ quence of the hurricane to which he has referred. try over legislation affecting Puerto Rico; we all know that the It seems to me, if we are to make an appropriation-although it President in his message recommended that no duty should be does seem to be in the nature of paternalism, which is always imposed upon Puerto Rican articles imported into the United objectionable-that we ought to make the purpose for which this States; we know that the Secretary of War 1'0commended the money-may be applied by the President broad enough to allow it same thing, and that the commanding general in Puerto Rico to be used in granting relief to that industry. I wanted to sug­ made the same recommendation and thought· that it was abso­ gest-and I rose a while ago to make a motion to that effect-that lutely essential to the people of Puerto Rico that no duty should we amend the bill as it ;ti.as now been amended by insertin~ in be imposed upon articles imported from there into the United line 4, on page 2, after the word "therein," the words "including States. This question came up, and some legislative body which agricultural relief. " · · bad authority to discuss this question had it up for a long time, I think we are all agreed that there should be an appropriation; and this was a makeshift; it was a manner of evading the ques­ but I do not think it can be very important whether it is made in tion. I confess our friends upon the opposite side were in some­ one form or another. It will be a general appropriation, of course, what of a dilemma, and this was the horn of the dilemma which if it should turn out that those duties were improperly collected they chose to seize. in the sense which has been suggested; but eveµ if we knew that The object of this appropriation is a good one. The people of would be the result, I take it we would still proceed to make this the country are perfectly competent to pass upon the motives appropriation, for the situation is such as to imperatively require which have led to selecting this one fund to make it appear that it. If we would do anything toward the relief of Puerto Rico, it we are not taxing Puerto Rican products. I thinkthe appropria­ seems to rue we could not in any way so effectually relieve the sit­ tion ought to be made, and I think it ought to be made at once. uation there as by placing it within the power of the President, I believe that the circumstances justify it. As tb whether it shall by the provisions of this bill, so to use the money we are appro­ be made out of this particular fund I do not consider material. priating as to relieve that industry. It is, as I said, simply to alleviate the congested condition of pub­ Mr. COCKRELL. I do not want to raise the question of that lic sentiment on this question. mode of relief. I think in the Senator's bill there is a provision Mr. STEWART. l should like to inquire of the Senator if this for raising a loan for Puerto Rico, is there not? appropriation is made out of any particular fund in the Treasury? Mr. FORAKER. Yes. Mr. COCKRELL. It is the appropriation of a specific fund that Mr. COCKRELL. If the owners of the coffee plantations there went in to the Treasury. are to bu furnished money gratuitously, I do not think it is ex­ Mr. STEWART. A specific amount? actly right. I think they ought to return the money. I think Mr. COCKRELL. Aspecificamountandaspecific fund, That there is such a provision in the bill of the Senator, and we could fund, in all probability-and that shows the makeshift of the not well put a provision of that kind in this bill now because there whole thing-has doubtless gone into the general fund of the is an emergency. It might be well when the other bill comes up Treasury, and is there as a part of the balance on hand. It has to make provision there that a certain amount of money shall be never been segregated. The tariff revenues are never segregated advanced, and that the officials there shall loan it to those people and kept in a separate account. They an become part and parcel who are themselves able to insure its reimbursement. of the balance in the Treasury and are expended just as any other Here! for instance, is a man who has a large coffee plantation. money-like the internal-revenue taxes, for instance. If he can obtain 'the money to pay for the labor upon it until be Mr. STEWART. I inquire of the Senator if this would not can get the plantation in good condition, he will be able to.pay it have precisely the same effect if the amount were appropriated­ back; but now he ha~ no credit and there is no money there. An without referring to any particular fund? advance might be made just as was done -here· in the District of Mr. COCKRELL. Of course, the legal effect is precisely t.he Columbia, where we made an advance out of the funds of the same, so far as that is concerned, because we may have to refUnd Treasury for the purpose of completing certain-works, to be a lien this amount. Then, as a matter of cotirse, it will be an appro­ upon the revenues of the District until reimbursed to the General priation directly from the Treasury. Government. · Mr. President, under the circumstances I shall vote for the ap­ Mr. BURROWS. Does the Senator think that could be done propriation. I should like to vote for the latter clause of the under the wording of this bill? amendment of the Senator from Arkansas, for I believe in that Mr. COCKRELL. I do not think it could be done under the principle; but we shall have an opportun~ty hereafter to pass upon wording of this bill. that question. Therefore I did not see proper in the Committee Mr. BURROWS. Then, it does not relieve the individuals? on Appropriations to raise that question because of the emergency - Mr. COCKRELL. It relieves them in ten thousand ways in re­ now existing in Puerto Rico for immediate relief. The committee gard to the maintenance of schools, in regard to the maintenance framed the amendment so as to make the appropriation a little of highways, and in hundreds of other ways. . more specific than it was in the bill as it came to the Senate. It Mr. SPOONER. Mr. President- came to us in this form: The PRESIDENT pro tempore. Does the Senator from Mis­ Shall be placed at the disposal of the President, to be used for the govern­ souri yield to the Senator from Wisconsin? ment and benefit of Puerto Rico until otherwise provided by law. Mr. COCKRELL. I give the floor back to the Senator, with That left it unlimited, We proposed to amend it so as to read: thanks. Shall be placed at the disposal of the President, to be usei for the govern­ Mr. SPOONER. I yielded to the Senator from Missouri, as I ment now existing and which may hereafter be established m Puerto Rico. supposed, for a question, and the Senator from Missouri proceeded We hope at some timethe distinguished Senator from Ohio fMr. to make a speech. I am glad he did. In the main it was an ex­ FORAKER] will be able to get his bill through the Senate. There cellent speech, and I am proud to have it in the body of my have been caucuses enough already on it to have passed it. [Laugh­ remarks as a part of my speech. It is very seldom that I am will:. ter.] We hope it will cometoafinalconclusionatsometime; and ing to have a Democratic speech made part of my speech. The then the kind of government to be established liereafter will be Senator's speech was temperate, almost entirely free from any determined. partisan phase, and altogether humane and sound. 1 We point out more specifically in the bill that the object of the The Senator is altogether right that the duties were collected appropriation is" for public education, public works, and other from the importers in the main. Some of them may have been, governmental and public purposes therein." as suggested by the Senator from Delaware [Mr. KENNEY], col­ . Mr. FORAKER and Mr. STEWART addressed the Chair. lected from the producers who had consigned the goods to the 1900. C0NGRESSIONAL -RECORD-SENATE. .2923

United States; but it all comes to this, I beg the Senator from Ar­ relief out of the Treasury of the United States. While the matter kansas [Mr. JoNEsl to remember: _If we make this appropriation of the public distress is urged by the advocates of the bill, there is ~md the courts shafl decide that the duties were illegally exacted,_ no specific mention in the bill of the relief of public distress,-and we must, of course, refund the money to those who paid it, and the only head under which that can be included is to be found in we shall have made an appropriation out ef the Treasury of the the general term "public purposes," the relief of public distress United States for the rt'lief of that people. That is all there is of properly falling, I presume, under so general a term as that. it. The question is raised, and it must be decided, whether the Therefore if it were practicable to eliminate from this bill all ex­ duties were illegally exacted. I think, independent of the ques­ cept so much a-sis needed for the relief of the public distress, I tion of constitutional law, which we have been discussing here should certainly vote for an amendment to that effect. But as it for a few days, there is the strongest reason to suppose that those is not practicable from lack of information as to different amounts duties were not illegally collected; and if I may read for a moment, so to eliminate it, as it is not practicable for us to now determine and only a moment, I want to read from what was said in the it, rather than fail to relieve the distress, I shall vote for the whole case of Fleming vs. Page, found in 9 Howard, 617, as follows: bill. But while I shall do so, Mr. President, I do not shut my eyes to This construction of the revenue laws has been uniformly given by the administrative department of the Government in every case that has come the fact that what is held up here as a great public benefaction, before it. And it has, indeed, been given in cases where there appears to what is held up as a work prompted by a feeling of benevolence have been stronger ground for regarding the place of shipment as a domestic solely, is in fact the outcome of a partisan political motive against p ort. For, after Florida had been ceded to the United States, and the forces of the United States had taken possession of Pensacola, it was decided by the which the Senator from Wisconsin [Mr. SPOONER] raises his elo: Treasury Department that goods imported from Pensacola before an act of quent voice, and that the presentation and advocacy of this bill Congress was passed erecting it into a collection district, and authorizing the are due to a political dilemma out of which the Republicans have appointment of a collector, were liable to duty. That is, that, although · Florida had, by cession, actually become a part of the United States, and was sought this as a mode of egress. Mr. President, the Senator from in our possession, yet, under our revenue bws, its ports must be regarded as Wisconsin speaks of the distress in that island and of the enor­ foreign until they were established as domestic by act of Congress; and it mity of the offense of delaying its relief during the progress of a appears that this decision was sanctioned at the time by the Attorney­ debating society. When did the honorable Senator from Wiscon.: General of the United States, the law officer of the Government. And, although not so directly applicable to the case before us, yet the de­ sin and the party of which he is so distinguished a member awake cisions of the Treasury Department in relation to Amelia. Island and certain to the knowledge of this distress and the necessity of relieving ports in Louisiana after that province had been ceded to the United Stat,es it? When did the distress originate? Was this storm, this tor­ were both made unon the same grounds. And in the latter case, after a cus­ tom-house had been established by law at New Orleans. the collector at that nado, this hurricane, yesterday, or last week, or last month? Have place was instructed to regard as foreign ports Baton Rouge and other set­ we just been informed of it? When was it that the bowels of tlements still in the possession of Spa.in. whether on the Mississippi, Iber­ compassion of those who so eloquently urge this bill were so sud­ ville, or the seacoast. The Department, in no instance that we are aware of, since the establishment of the Government, bas ever recognized a place in a denly moved, and when was it that the Republican advocates of newly acquired country as a domestic port, from which the coasting trade this bill first had the information which now has so suddenly in­ might be carried on, unless it had been previously made so by act of Congress. spired them to introduce and pass. it? This storm occurred last '.rhe principle thus adopted and acted upon by the executive department of the Government has been -sanctioned by the decisions in this court and August or September. The rnin and the devastation which it the circuit courts whenever the question came before them. We do not pro­ ~rought have been there for five or six months. The necessity pose to comment upon the different cases cited in the argument. It is suffi­ for relief has been as urgent for many months as it is to-day·or cient to say that there is no discrepancy between them. And all of them, so far as they apply, maintain that under our revenue laws every port is re­ was last week. ~arded as a foreign one unless the custom-house from which the vessel clears Mr. SPOONER. Will the Senaj;or from Georgia permit me? IS within a collection district established by act of Congress, and the officers I think General Davis has been constantly relieving it. · granting the clearance exercise their functions under the authority and con­ Mr. BACON. That may be; but I will show that there are trol of the laws of the United States. other reasons why, even if he had not been able to continue it, I do not read that for the purpose of going into any discussion there has not been such a situation as would have justified indif­ of the constitutional question, which has been ably preselfted in ference in the past and the sudden interest by the Republicans various phases during the last few days, but simply to say that which has been developed in the present with reference to this it is apparent that the question as to the legality of these duties in matter. the circumstances of this case is one certainly open to very grave Mr. President, we all know what has been the origin of this doubt at least. · charitable movement. We know that-it has all grown out of a Now, let us take this appropriation. The Senator spoke of the dispute which has been going on for some time as to whether or dilemma in which the Republican party is. We nearly always .not duties should be levied up.on the products of Puerto Rico com­ manage to get out of our dilemmas. If we we1·e in any or are in ing into the United States or upon the products of the Unjted any, we will endeavor in a straightforward, manly way, in the in­ States going into Puerto Rico. We know that before the dispute terest of the people, to find our way out of it. We are in this as to the Puerto Rican tariff, and that during all the autumn, dilemma, so far as this bill is concerned: We supposed this bill there was not only this urgent need for relief which exists to-day; would not be debated or delayed.- We did not suppose that a but we know that the greater part of this fund was in the posses­ proposition to carry money to that people for public uses in the. sion of the G:overnment of the United States, and that it has been hour of their dire distress would be antagonized in any way or there during the six months past. · that there would be any attempt to project into it by amendment . So there were not only the urgency and the necessity and the questions which are in dispute between us. We knew perfectly demand for relief, but there was the same means for relief that well, as every Senator here knows, that when that bill comes be­ exists to-day. And yet there was no movement that this distress fore the Senate it will be subject to almost illimitable and earnest should be relieved out of the public Treasury, nor was there any debate, and we felt it not ~ir to that people, not fair to ourselves, immediate realization of the fact that there should be a relief not honorable to this Government that we should hold this ap­ that should be measured by the amount of tariff which had been propriation, so much needed upon purely generous and humane collected on goods that had come from Puerto Rico. Why wail principles, while this debating society on the Constitution re­ this particular amount inserted in this bill? Mr. President, doea mained at work week after weP,k, as it will. not everybody know that it was because the Republicans ·were This will work out all right. If the court in the. cause now panic-strick~n by the universal condemnation which the country pending holds that the persons referred to by the amendment of had pronounced on the Puerto Rican tariff, and that in their panic the Senator from Arkansas are entitled to a refund of theirmoney, they had rushed in to proclaim that they would give the tariff they will get it. If the court should hold that they are not entitled back to Puerto Rico? · to it, the Senator would not propose that they should have it. Mr. President, we wer.e told that it was a plain duty that there Let us proceed with this proposition, without embarrassing it by should be no tariff duties between Puerto Rico and the United amendments of this sort, and go to the relief of ·that people. I States, and in the other House of Congress, where under the Con­ sincerely hope my friend the Senator from Arkansas will with­ stitution revenue bills originate, there was introduced by tha draw his amendment and let this bill paBs. The other question chairman of the committee having charge of the presentation of we will discuss and fight out later. revenue measures, a bill with reference to the government of Mr. BACON. Mr. President, I quite agree with the position Puerto Rico or its relations with the Government and people of taken by the Senator from Missouri [Mr. COCKRELL] so far as re­ the United States, in which there was no provision for a tariff lates to the important duty of relieving the present condition of of any kind. After that bill was introduced, providing for abso­ distress in the island of Puerto Rico. I shall vote for the bill, al~ lute free trade with Puerto Rico, there.all of u sudden developed though it goes further than that requirement. By voting for it I a realization of the fact that tariff duties were necessary to be do not wish to be understood as approving all of its provisions. levied upon the commerce between Puerto Rico and the United I do not think that either the present emergency or any general States in order that the distress of the people of that country should principle by which the Government has heretofore been actuated be relieved. under similar circumstances calls for a large appropriation from Yet there is no member of either House of Congress who does the Treasury of the United States for several of the various pur­ not know the fact that the purpose and the effort to levy tariff poses enumerated in this bill. They do not in some of these pur­ duties upon the commerce between Puerto Rico and the United poses disclose such features of emergency as requires immediate States did not have that as its motive, but that motive was such 2924 CONGRESSIONAL RECORD-SENATE. MARC~ 15, as has been declaredhere, that outside of the question as to Puerto we could authorize to issue bonds? There is nothing but a mili­ Rico, and without reference to the needs or interests of Puerto tary occupancy. Rico, it was necessary that a precedent should be established in Mr. BACON. Of course not. I simply say they have asked the case of Puerto Rico, or, rather, that one unfavorable to what that they may be put in position to do it; that they may be by might be required as to the Philippines should not be established. proper legislation empowered to do it by the Government of the It was not until after the debate in the House of Representatives, United States. and the action of the House of Representatives in imposing the Mr. ALLEN. Then we would have to recognize the existence Puerto Rican tariff had stirred a storm of indignation throughout of some government there outside of the military occupancy, the United States, that all of a sudden, without premonition, it Puerto Rico has no government except that of military occupancy, was discovered that there was a great and pressing need for im­ under the power to make war. mediate relief in Puerto Rico, and that there was a fund in the Mr. BACON. Of course they are speaking of the organization United States Treasury which had been realized out of the collec­ of a government there, for which they are extremely solicitoui!. tion of duties upon commerce between Puerto Rico and the United Mr. ALLEN. That government should not be authorized to issue States which could be devoted to that purpose. bonds. Sir, if it had not been for this storm of indignation the Repub­ Mr. BACON. Which government? licans would not have suddenly discovered the necessity of im­ Mr. ALLEN. The military government. mediate relief for Puerto Rico. Mr. BACON. No. Still it might be. However, I do not advo­ It was for the purpose of appeasing that public sentiment; it cate that. was for the purpose of sheltering themselves from this storm of Mr. ALLEN. Then, as a condition precedent to granting that indignation, for the purpose of finding a way out of the difficulty, authority, we would have to recognize some popular government. as the Senator from Wisconsin says they always do, that this was Mr. BACON. I think we ought to have a popular government suddenly brought forward; and now those who have adopted it as there. I think they are people of sufficient intelligence and civil­ a political device seek to parade it as a great act of benevolence ization to be given full Territorial government, and I am in favor in those who originated it and who have advocated it. of giving it to them. Mr. SPOONER. Did I understand the Senator from Georgia Mr. ALLEN. I agree with the Senator from Georgia in that correctly? Does he attribute to me the admission that the origin respect. of this appropriation was to get out of a dilemma? The PRESIDENT pro tempore. The Secretary will read the Mr. BACON. By no means. The Senator certainly misunder­ paper sent up by the Senator from Georgia. stood me. I said that it was to get out of a dilemma, as the Sen­ The Secretary read as follows: ator from Wisconsin said the Republican party always found a VOICE FOR FREE TRADE-WISHES OF PUERTO RICANS SUl3MITTED TO CON• way of getting out of dilemmas. I did not say that the Senator GRESS-WHOLLY OPPOSED TO A TA.RIFF-STATEMENT FROM THE BUSI• NESS INTERESTS OF '.,rHE ISLAND SUGGESTING DIRECT TAXATION .A.8 A said this was for that purpose. The Senator had boasted that the MEANS OF RAISING REVENUE AND A LO.AN OF $2,000,000 FOR INTERNAL Republican party always found a way to get out of a dilemma, IMPROVEMENTS-NECESSITY OF FINDING MABKETS FOR PRODUCTS OF and I was simply stating the fact that this was an illustration of THE ISLAND-ASKING FOR BREAD. the trath of what he said. SAN JUAN, PUERTO RICO, March IJ, 1900. Mr. SPOONER. The Senator may find before it gets through The planters, merchants, and manufacturers of Puerto Rico mailed to Con­ gres~yesterday by the steamer Philadelphia the following statement: his party has gotten into a dilemma that it can not get out of. "We, the undersigned, beg to submit to your earnest consideration the Mr. GALLINGER. They have been there several times. following views as to the financial policy of Puerto Rico. We note with re­ Mr. BACO~. That has been several times the. misfortune of gret the principle enunciated by certain speakers in the lower House of Con­ gress, that a tariff between Puerto Rico and the United States is the proper more than one political party in this country. method of raising revenue for this island. To this we are unchangeably I wish to call attention to the fact, and I do so as one who .is opposed, for the following reasons: · going to vote for this bill, as I said in the beginning, that the bill ''First. Because taxation on our exports means an embargo on our foreign commerce. is not necessary or was not necessary for the purpose and on the "Second. Because curtailment of our commerce with the United States ground on which it is now advocated. Those who alone can con­ would lock np our products here and prevent us from gaining our legitimate trol legislation in this Congress adopt this as a means of relief. proportion of profit on our productions. "We can never become independent financially if forced to trade solely Those of us who can not control legislation in this Congress have among ourselves. We must have a market other than Puerto Rico, else we either to follow their lead in that matter or else deny all relief. can not gain wealth. Do not mistake the proposed 15 per cent of the Dingley Therefore we follow their lead to the extent required for the relief rates for a reasonable rate. It is a fact that no class of goods produced here from leaf tobacco will be taxed less than 25 per cent ad valorem, while one of of this people. the most important of this class will be taxed 160 per cent ad valorem under But in addition to the fact that the necessity for this relief has the bill adopted by the House of Representatives. existed for six months, in addition to the fact that the fund out ... If this is not an embargo on our trade, what can it be called? of which it is proposed to make this relief, or the larger part of MUTUAL ADV ANT.A.GE OF FREE TRADE.. it, has lain in the Treasury all that time, and in the face of the "We earnestly ask for free trade, believing that with a mutual interchange fact that there was no suggestion for the relief of those people out of products between the two countries the United States will be more than gainer. The United States will for many years supply our 1,000,000 people of the Treasury of the United States and no suggestion that that witll thc:sir manufactured products. In general. we recognize the fact that a relief should be measured by the particular amount which had revenue to support the insular government would be necessary; but we are been collected out of the duties levied upon the commerce between decidedly of opinion that the better method for raising that revenue will be by internal taxation, and for the following reasons: Puerto Rico and the United States-in addition to all this, I say "First. Because by that system no restriction will be placed on our com­ this matter could have been arranged without either the levying merce with the United States. of duties or this bill; and but for tne necessity of the Republican ''Second. Because the adoption of that system will be as simple in opera­ tion here as it is in the United States. party to get out of the hole into which it had fallen by the enact­ "In considering the amount of revenue needed for this island, we be!r to ment of the Puerto Rican tariff bill in the House this bill would submit the following calculations~. which, after due consideration, we believe not have been heard of. can be realized: Rum, 1,000,000 gauons, which, at $1.10 per gallon, works out at $1,&!<),000; cigarettes, 250,000,000, which, at $1.50 per thousand, works out at It is a known fact that the people of Puerto Rico are not sav­ $375,WJ; cigars, 120,000,000, which, at $3.60 per thousand, works out at $432,000- ages. They ru.·e not people unused to financial affairs. They are total, $2,238,000. We estimate the entire special-license tax nominallyS15,000. not people unaccustomed to the raising of large amounts of money This will give us a total revenue of $2,252,000. One-third of that ~q!J_alsabout which may be needed for different purposes. It is a known fact $7501666. A fair estimate of the annual cost of administration is $600,000; add for mterest and sinking fund on bonds to be issued, $150,000. •rotal required, that they have asked that they be allowed to raise the money they $750,000. need for the relief of this dist1·ess by the floating of a popular loan, "Even with free trade with the United States there would be an additional which they say they can do, as they have easily done in the past, revenue of at least ~.000 annually from customs duties on goods coming here from foreign countries. If Congress will authorize Puerto Rico to issue and this Republican Congress has not seen proper to enact the $2,000,000 of forty-year 5 per cent bonds, the above will provide for them, viz: legislation which will allow them to do so. It is a known fact For interest, $100,000, and for sinking fund, $50,000. Total, $150,000. that in addition to that the Puerto Ricans claim that in their own FOR INTERNAL IMPROVEMENTS. business, under the general laws of the United States for the rais­ "Therefore, we infer that it will be unnecessary to adopt for this island ing of internal revenue, there can be raised in Puerto Rico more the full revenue ratesof the United States. One-thirdofthoserateswillgive ample receipts to cover all the above. Puerto Rico bas no bonded or other money than is required for their relief. debts. Therefore, $2,000,000 of bonds to be issued for internal improvements Two days ago the public dispatches brought to us from San would be conservative. Juan, in Puerto Rico, what purports to be an address of planters, We call your attention to the fact that it has been the custom for ll.11 coun­ tries to make internal improvements by the system of bonded indebtedness, merchants, and manufacturers of Puerto Rico to the Congress of which divides the expenses among succeeding generations. We do not desire the United States, in which they set out the sources from which to have the burden of internal improvements placed on us solely. If it must they themselves can raise the money or from which there can be be so, then we ask that it be done by a system of internal taxation that will not prevent the increase of our commerce with the States of the American raised in their own territory by the Government of the United Union and that will not starve us. States out of their own people the amount of money necessary to The fact can not be disputed that our people are in sore distress. All enable them to properly carry on their own affairs, to relieve commerceisnowhampered. Theinvestmentofcapitalisstopped. 'l'hefarm­ their own distresses, and to promote their own public works, and ers have not the means to plant or gather their crops. Building and im­ proving a.re impeded. Capital refuses to come here for investment in either I will ask the Secretary to read it. manufacturing or agricultural pursuits, for the reason that the sovereignty Mr. ALLEN. What government is there in Puerto Rico that of the United States over this island has deprived us of free trade with Spa.in. 1900. CONGRESSIONAL RECORD-SENATE. 2925

and with Cuba. which formerly took our exports at fall- prices and enabled hundred dollars to consummate their plans were forced to give up in despair us to live. · because the necessary money was not forthcoming. We now ask as a. right in equity that free trade with the United States be The reason for this moribund state in the business world of the isfand has given ns. We ask bread a.s a. ri~t from our mother. Do not, we pray, give , been that everyone felt uncertain a-s to what Congress was going to do. Con· us a stone. We ask for an immediate decision. fUcting reports came in every few days. Now there would be free· trade; then there would be levied 25 per cent of the Dingley ta.riff. Everyone has Mr. BACON. Mr. President, there are one or two more words been waiting for the-decision of Congress.. . . that I desire to say with reference to this bill. As it came from The p!LSsing of the Ways and Means bill has relieved the tension. Tho the House I think it was very objectionable. The bill as it came business men feel confident that the Senate will follow the example of Con­ gress and rule the 15 per cent of the Dingley rate. There is now a feeling of from the other House provided that this amount of money should certainty. Men know what are to be tne duties on goods and what money be placed at the disposal of the President, to be used for the gov­ will bring. . ernment and benefit of Puerto Rico until otherwise provided by The majority of business men think that the 15 per cent of the Dmgley tariff duty is preferable to free trade \vith a high internal revenue. They law. I think the objection which was taken to it by the Demo­ say that so long as the proceeds from. the tariff are to go toward educating crats in the other Hou8e, that it was too general a provisio~ was the Puerto Rican children, cleansing the ci~ies, and improving the X:~ds, it a good objection, and that it is the duty of Congress to be more is better to have the duty than not. Even if there were free trade, it lS not at all certain that the consumers of the island would be benefited. The specific in the appropriation of money. I understand it was upon wholesale dealers might place a lower t>rice on their goods, but it is highly that ground that the Democrats in the House of Representatives improbable that the retail dealers would offer their articles cheaper. voted against the bill, avowing as they did at the time their desire HOW IT STRIKES SAN JUAN. to bestow the amount of money properly for the relief of the Mr. George S. Latimer, of the firm of Latimer & Fernandez, believes that island. In the amendment proposed by the Senate committee 15 per cent of the Dingley tariff will be bettor than free trade. He said to a that language bas been changed so as to make it sufficiently ex­ News reporter: "I am pleased to have this matter of customs tariffs so nearly settled. It plicit as to the character of the appropriation. It is changed to will bring a.bout a great change for the better in the welfare of the island. this language: The great trouble has been that businessmen have felt the uncertaintywhicll. To be used for the government now existing and which may hereafter be has been prevalent because of the trade question. Now that the American established in Puerto Rico, and for public education,public works, and other government is definitely known, the present tension will be relieved and governmental and public purposes therein- business will begin to boom." Mr. Andros Crosas, when interviewed on the subject, said: An<4 furthermore,. the provision appropriating the future reve­ "I have talked with a number of business men on the tariff bill, and I can nues, as contained in the House bill, has been stricken out. tell you that they all are delighted to have the question so11early settled. The uncertainty which has recently prevailed has ruined the business of the I thought it proper to call attention to the character of the island." amendment which has so materially changed the provision of the Mr. Townes, of the Puerto Rican American Tobacco Company: "We have bill as it came from the other House, and has brought it into never shipped any tobacco because we could not afford to ship under its tariff. As soon as we get the new factory up we will ship under the new 15 per cent harmony with the contention of the Democrats in the House. tariff." Mr. FORAKER. Mr. Presideni, I was called out of the Cham­ A. Berg sa.id: "The15 per cent tariff is a good thing. It reduces the tax on ber during the remarks of the Senator from Georgia [Mr. BACON], beer, but it will be made up on the internal·revenue tax, I suppose." • I Mr. Arnold, of the Colonial Bank, said: "Personally, I should rather have but returned just as the item that he sent to the desk to be read had 25 per cent of the Dingley tariff. Fifteen per cent will not be enough for was being read. I understand from what I heard of it that it the needs of the island. Still, the main thing is to have this tariff question was a statement made by some of the representatives of Puerto settled. and I am pleased to have ha.d Congress pass favorably on the bill. Rico here-- . Goods have been held back all over the island waiting for this tariff ques· tion to be settled. Now there will be a great deal of sugar and tobacco Mr. BACON. It is a dispatch from Puerto Rico. shiPped which has been stored up." Mr. FORAKER. With respect to the capacity of Puerto Rico De Ford & Co. are also of the opinion that 25 per cent would have been bet· to produce revenue. ter for the interest.s of the people at large. They are, however, pleased with the 15 per cent bill, and believe it will, to some extent, relieve the present Mr. BACON. No, sir. The Senator from Ohio was not in the ha.rd times.-Sa.-n Juan News. Saturday morning, March 3, 1900. Chamber. It is a press dispatch from San Juan, in Puerto Rico, purporting to give a copy of an address which has been sent to Mr. ALLEN. The bill is in Committee of·the Whole, as I Congress, ba.t which has not yet arrive<4 signed by planters, mer­ understand it, and I send to the desk a proposed amendment, which chants, and others in Puerto Rico. I offer. Mr. FORAKER. Whatever it may be, what I want to say is The PRESIDING OFFICER (Mr. BURnowsin the chair). The that there seem to be two sides to this question. Some of the amendment will be read. representatives of Puerto Rico who are here have talked very Mr. ALLEN. It is to be inserted after line 10, page 2. much in the vein of the article which has been read. Others talk The SECRETARY. Amend by adding to the bill the following differently. I want, in connection with that, however, in order proviso: with in Provided, That the Constitution was, by force of the treaty concluded be­ that it may appear it the RECORD, to send to thedeskand tween the United States of America and the Kingdom of Spain at the city of have read a newspaper article published in a Puerto Rican paper, Paris, France, April 11, 1899, extended over the island of Puerto Rico and its the San Juan News of March 3. I ask that the Secretary may inhabitants. read as indicated. Mr. ALLEN. Mr. President, I shall cast my vote for this bill The PRESIDENT pro tempore. Without objection, the Secre· simply as a humanitarian measure and as a. tentative measm·e. tary will read as requested. It shall never be said that by a vote or act of mine the necessary The Secretary proceeded to read the article referred to. food, clothing, and shelter were withheld from people who are the Mr. ALLEN. I should like to ask the Senator from Ohio if victims of misfortune and who are in a condition to require speedy that is a lengthy article. . public relief. Mr. FORAKER. No, sir;. it is not very long; not as Jong as the But I do not believe that that is the sole purpose of the bill. one that was read. While that is one of its purposes, I think the chief purpose of the Mr. ALLEN. Why would it not be just as well to publish it in bill is to permit our friends on the other side to escape from a the RECORD without being read? very unpleasant situation. If the press is to be believed, two or Mr. FORAKER. I have no objection, but I thought Senators three caucuses have been held by our Republican friends at which might not see it if it were only published in the RECORD without the whole Puerto Rican situation has been fully discussed, and being read. the conclusion was reached, I believe, yest-erday, that this bill Mr. TILLMAN. Let it be read, so that we can catch the drift should be placed before the Senate and passed, while the bill of of it. the Senator from Ohfo was to be permitted to drift along without Mr. FAIRBANKS. I think it.is the general wish of Senators rudder or compass from time to time until events might deter­ on this side of the Chamber that the article should be read for the mine its fate. present information of the Senate. Mr. SPOONER. If the Senator will allow me, he is mistakon Mr. ALLEN. I do not object to its being read, except I sup. about that. posed that it was a long article. Mr. ALLEN. Well, Mr. President, I may be mistaken abcut Mr. FORAKER. No; it is not very long. !twill nottakemore it. Idonot- than a few minutes to read it. Mr. SPOOONER. That bill will have a rudder and a compass, The Secretary resumed and concluded the reading of the article, and it will be the Senator from Ohio. which is as follows: Mr. ALLEN. Of course, I recognize the Senator's power as BUSTh"'ESS MEN ARE PLEASED-THINK THE 15 PER CENT TA.RIFF SATISFAC­ both rudder and compass, but he does ·not seem to have steered TORY FOR ISLAND-THE GENERAL OPINION IS THAT THE EXTERNAL REVENUE IS BETTER THAN LAYING HE.A.VY TAXES-WHAT PROMINENT his bill very successfully thus far among his friends. BUSINESS MEN AND SAN JUAN :MERCHANTS SAY OF THE WAYS AND Mr. FORAKER. Will the Senator from Nebraska allow me? MEANS BILL. Mr. ALLEN. Certainly. By interviewing a large percentage of the prominent bankers and busi­ Mr. FORAKER. I will say to him, wait until 2 o'clock is ness men of San Juan the News is ·able to state that the consensus of opin­ ion here is that the passing of the Puerto Rico tariff bill will be the signal for reached and he will find out whether or not that bill is to be al· renewed prosperity on the island. lowed to drift. I could not very well take it up until 2 o'clock, For the last four or five months the financial condition of Puerto Rico has It becomes the regular order at th.at time. been very m'itical. Money has been extremely scarce, and business transac­ tions have been growing fewer and fewer. Men desirous of borrowing money Mr. ALLEN. I am repeating simply what was contained in to carry on some business enterprise, even though they- were of acknowledged the press this morning; and I presume the Senator is prepared to .intagrity, were unable to raise the desired amount. Men who needed a few affirm the truthfulness or the falsity of that report• • 2926 CONGRESSION4,L . :RECORD-SEN4.TE. MARCH 15,

Mr. FORAKER. I do not know which report the Senator saw. that is that while the distress which h.as been portrayed here as Mr. ALLEN. I got it in both papers, the Democratic paper and existing among the people of Puerto Rico is no doubt considerable, the Republican paper. Therefore I .Qjl.me to the conclusion that this bill will not relieve that distress except indirectly. The masses the truth must be somewhere between them. · of the people there are either out of work because the landowners Mr. SPOONER. If the Senator from NeQraska will allow can not give it to them or they are out ofwork simply because. me-- they do not want to work. By this bill the Government proposes Mr. ALLEN. Certainly. to set them to work on the roads, and it proposes to relieve them Mr. SPOONER. I understood the Senator to insist the other from taxation. To that extent there will be relief given, but there day, on the floor of the Senate, that the press is sometimes quit~ is nothing in this bill that will provide a mouthful of food or a inaccumte- dollar for labor other than on the public roads, unless these Mr. ALLEN. Yes, sir; very frequently, words-- · . ,.., . Mr. SPOONER. When it said the Senator from Nebraska had The PRESIDENT pro iempore. Will the Senator from South declared that he had abandoned the free coinage of silver at the Carolina suspend one moment while the Chair" lays before the 1·atio of 16to1, and I will say now I diclnot understand the Sen-: Senate.the unfinished business? . ator as.having done anything of the kind. . The SECRETARY. A bill (H. R. 8245) temporarily to provide Mr. ALLEN. The press did not say that of me. There was revenues for the relief of the island of Puerto Rico, and for other simply one newspaper reporter who said that, and who put it ·in purposes. . . . circulation, -but the press as a whole said nothing of the kind. Mr. FORAKER. I ask that the unfinished business may be tem­ But I infer, Mr. President, .that this matter has given our friends porarily laid aside, and that the Senator from South Carolina be some trouble in consequence of the repeated caucuses that have allowed to conclude his remarks. been held respecting the Puerto Rican situation. It is not neces­ The PRESIDENT pro tempore. The Senator from Ohio asks sary for me to refer to the fact that the passage of this bill in the that the unfinished business be temporarily laid aside. Is there House brought down upon the heads of the Republican party in objection? The Chair hears none. Congress a storm of popular indignation. Mr. JONES 9f Ark3:nsas. I suggest that after the Senator from Mr. ALLISON. This bill? South Carolina shall have concluded his remarks this matter shall Mr. ALLEN. This bill. go over until t<;>-morrow. I believe it will expedite the disposi­ Mr. SPOONER. This bill? tion of the measure to have it go over and to ~llow Senators time Mr. ALLEN. This identical bill. to look into it and consider the questions that have been raised. Mr. SPOONER. This bill? For myself, I did not expect the bill to come up to-day or I would Mr. ALLEN. This bill. I repeat; this bill. It was this bill haTe been better ~repared to have dealt with it than I am. I hope that was discussed quite fully. It was the attempted imposition, that this suggestion will meet the approval of the chairman of the also, of a tariff duty-- Committee on Appropriations. Mr. DA. VIS. You have the wrong bill. Mr. ALLISON. . I of course would be glad to meet the wishes Mr. ALLEN. I know- of the Senator from Arkansas. This bill has been lying here for Mr. SPOONER. This bill was not discussed forty minutes. some days. - If we can have an underst~nding that there shall be Mr. ALLEN. If.the Senator will permit me to proceed, I will a vote to-morrow, say at 2 or 3 o'clock, I shall be-- do so with pleasure. The bill brought down upon the Republican Mr. SPOONER. Two o'clock. . . party a storm of indignation, because the whole thing was the pre­ Mr. ALLISON. Two o'clock. That would give ample time. cursor of. an established policy in this country of discriminating I see that there is no disposition on the part of Senators to debate between territory under the jurisdiction of the United States. the bill at any length. If we can have an understanding that the Now, I hope I ha.ve made myself plain. vote shall be taken, say at 2 o'clock to-morrow, or even at 3, I shall It was advocated by the Republican party; such a measure was not object to the suggestion of the Senator from Arkansas. passed in the House of Representatives; and now this is a mere Mr. JONES of Arkansas. As far as I am concerned; I have no tentative affair to pe~mit the othE}r mE}asure to sleep until such d_oubt that there will be a:mple time for the discussion of .the bill, time as they have been fully discussed and public discussion opens and that a vote can be reached before 3 o'clock.. I think the Sena­ the way .for our friends to escape froD?- an unpleasant dilemma. tor would only delay matters to ask for a vote at that hour• . But But here this morning it is put upon humanitaJ;iangronndsalone. I w9uld not cqnsent to vote at any ear).ier hour. I am willing, so It is said the Puerto Ricans are suffering, that their country is far as I am concerned, to agree that we shall vote to-morrow. devastated-practically laid waste.-and the great body.of that Mr. ALLISON. That we vote to-morrow at 3 o'clock, or if population.is sUffering for something to eat, for something.to wear, ready, before 3; that .we take the vote at any time to-morrow and for shelter. If the bill be based upon that assertion, I shall when the Senate is ready, at 3 or before. give it my support, and upon _that gr9~nd al01:1e. Mr. JONES of Arkansas. I have no objection to that arrange­ Now, Mr. President, I want to offer one word in support of my ment if it is satisfactory to other Senators. amendment, which I shall discuss at another time and I trust on Mr. PETTUS. Mr. President- another bill more fully. It does not seem to methatthere can be Mr. PETTIGREW. As I understand this agreement, we are much doubt about the. Constitution extending by its own vigor not to consider the bill further to-day after the Senator from South and force over all territory within the jurisdiction of the United Carolina closes. States. I do not see how that question is open to debate in the Mr. ALLISON. That is the understanding. . light of the repeateddecisio~s of the Supreme Court of the United Mr. PETTIGREW. · As I shall have to be absent to-morrow, I States and in the light of our constitutional history. should like to speak for about ten minutes on the bill to-day. When we ratified the treaty of Paris, Puerto Rico became as Mr: TILLMAN. I hav~ gone very briefly into the subject, and mnch a part of the tei:ritory .of the United States as New Mexico I will yield to th~ Senator from South Dakota, and proceed ·to- or Arizona-as completely and as perfectly so. Certainly no man .morrow. . would be bold enough to say that it was within our constitutional · Mr. ALLISON. I hope the Senator from Ohio. will allow the power to discriminate between the taxation of the property and Senator from South Dakota to speak to-day. people of Arizona or New Mexico or any State of the United States Mr. FORAKER. · Certainly.· proper. The PRESIDENT pro tempore. Does the Chair understand the There is nothing in this amendment that is in hostility to the Senator from.Iowa to make' a request? provisions of the bill, and I hope it may be voted upon. . Mr. ALLISON. I make a request that the Senate shall agree Mr. TILLMAN. Mr. President, there are two or three points to vote to-morrow at 3 o'clock, or earlier if the Senate shall be in this matte,: that have not been brought out, and I will ask the ready to vote on this bill; and then I will consent to its going over. indulgence of the Senate for a few minutes while I present them The PRESIDENT pro tempore. The Senator from Iowa asks briefly. unanimous consent.that the vote be taken on the bill and pending The language of the bill, fo1~ which I voted in the Appropria­ amendments-- . . tions Committee to have reported back here, is a little strange, Mr. PETTUS. Mr. President, I ao not think it ought now to but I consider that the language is simply descriptive. We are be agreed that the vote shall be taken at that time on. this. bill. merely appropriating out of the Treasury a fixed amo.unt, $2,095,- -There have been only two hours devoted to its consideration as 000, for the use of the governm~nt in Puerto Rico and for public yet. . schools, roads, etc., and we merely describe or give as an explana­ The.PRESIDENT protempore. Does the Senator from Alabama tion a~ to why that amount~ fixed that it is the amount which we objeet? . . . . .have collected from the imports of that island, . . Mr, ALLISON. I hope the Senator from Alabama will not ob­ Therefore I do not think that the Senate is committed in any ject. This is a measure upon which, I think, we are very well way, or that there is any legislative action taken here other than agreed except as to some matters of detail, If 3 o'clock is too an appropriation pure and simple-a gift, so to speak, to those early I would suggest a later hour. people. . : Mr. TILLMAN. Put no limitation, but say to-morrow. Now, I want to call the attention of the Senate to one thing, and Mr. ALLISON. Very well; I will say to-morrow, then.

• 1900. CONGRESSIONAL RECORD-SEN ATE. 2927 • Mr. PETTUS. I do not think the vote ought to be taken to­ the wages had doubled and secure employment, and competition morrow. I think the bill is of enough consequence to be thor­ -would drive the wages down instead of doubling and trebling them. oughly considered. In other words, it -proves that the necessity for relief does not The PRESIDENT pro tempore. Does the Senator from Ala- exist and that that is not the purpose of the passa,ge of this bill. bama object? · What is the purpose of the passage of this bill? , Nothing but the Mr. PETTUS. Yes, sir. fact-- Mr. PETTIGREW. Mr. 'President,.from listening to the de­ Mr. DEPEW. Mr. President-- bate and from what I know of this question, I do not believethere The PRESIDENT pro tempore. Does the Senator from South is any necessity for passing this bill at all. Let us see what the Dakota yield to the Senator from New York? facts are which surround this case. Mr. DEPEW. Ma.y I ask the Senator a question? No necessity for the passage of the bill bas been urged by any Mr. PETTIGREW. I yield to the Senator from New :Ycrk for of its advocates. The only reason I have heard for its passage, a question~ - _ and undoubtedly the only reason why it was introduced, was a Mr. DEPEW. Did not the testimony that wages had doubled political necessity. A year and a hal~ ago our army occupied apply only to expert labor, like that of stevetlores who -were Ca.pa­ Puerto Rico, but there was no devastation by war, because there ble of loading ships and doing that work which is.done at·harbors? was no Tesistance on the part of the people of Puerto Rico. and Mr. PETTIGREW. No, sir; ·I think not: there was the slightest possible resistance on the part of the Span­ Mr. DEPEW. And not the wages of agricultural labor? ish troops. From the time our occupation occurred we began Mr. PETTIGREW. Some of the testimony was that wages bad spending vast sums of money in that country to feed our army, do~bled for agriculturallabor, but most of the witnesses,-when we to furnish it with forage. We purchased very largely from the followed·it np, testified that the wages of agricultural laborers had people of Puerto Rico, and thus increased the amount of money not doubled; that it was the labor in the ports, not exclusively the which they had and furnished them the means of an income pre­ loaders of ships, but different sorts of labor in the ports. I noticed viously unknown to them. the other day that there was a strike in Ponce on the part of the com­ About eight months ago or seven months ago a hurricane devas­ mon laborers of that city. Ponce is in the center of the devastated tated a portion of this island, passing along its southern side, in­ region. It was stated that they clamored for what? For 5 cents volving about one-fifth of the population and creating great an hour, or 50.cents a day, which is 20 cents-a day more than-they destruction of property. If a necessity for the relief of those peo­ ever received before. The testimony before our committee was ple existed the army, which since our occupation bas governed that the common laborers received in Puerto-Rico 30 cents a day, that country, bad within its power the means of relief. It has and there_is a strike going on in Ponce among the common labor­ exercised that power and expended money in building roads and ers, who demand 50 cents a day. If there were a great necessity for in public improvements, and has taken care of the poor people of relief, would laborers be striking for an increase of two-fifths of that country who were injured by the hurricane. The power to their wages above the wages they had always reeeived? Not at do this exists to-day. The army is still in control. · It is a des­ -all. What, then, is the use of standing here and talking-about this potic military government, havingpower to do anything it chooses; being an act of charity? and there is no other government there. The general in command Mr. President, it is simply a sop thrown at the people who have can organize and has organized courts and councils for governing heretofore been Republicans and who are nowdamoring that the that country. He has called elections and prescribed the qualifi­ Republican party shall carry out its pledges and not betray its cations of voters and inaugurated local governments in the differ­ honor. What was the necessity? A bill-passed the other House ent provinces, and has spent money up to date and is spending it which levied a duty upon 'Puerto Rican goods. We had told the to-day for the relief of those people who need relief. - Puerto -Ricans that they should have free trade. Our generals If there was a necessity for money as charity, it existed when we had promised them everything. - They hatl. said to those people, met in December. If it was required that this bill should be "You have become a part of the United States; under the deci~ passed in order to relieve the people whose property was destroyed sions of our Supreme Court no:duty can be levied upon your prod­ by the hurricane, why did not the President's message come in ucts, and you will get the benefit of this market."- That was the here the 1st of December, and why was not the bill rushed through unbroken testimonv before the Committee on Puerto Rico. in order to give the relief? Why wait until now? Can you de­ Now it is proposed to break that pledge because the-cigar makers ceive anybody by bringing this bill in now and then talking about throughout the United States were insisting that a duty shall be charity? Not for a moment. levied upon Puerto Rican products, the tobacco raisers of Connect­ A political exigency brought this bill into being. The ·Presi­ icut were objecting to free trade with that country, and the fruit dent's message to the other House does not contain one word wit.h raisers of California were insisting that they should be protecteq regard to the suffering and necessity for the relief of the people against competition with this tropical labor. The Republican whose property was destroyed by the hurricane. The bill itself party feared to be charged with abandoning its old doctrine of does not allow you to spend a dollar of this money for relieving protection to American labor and throwing .open wide the door to the people who are starving in Puerto Rico. It simply provides competition from all the tropical countries which we are tryin~ that the money may be expended upon public works, and the to annex. The American workman began to feel that he was be­ power to expend money for that purpose already exists in the offi­ ing betrayed. So the Republican· party concluded that it was cers of the army who are governing that country. better to-betray Puerto Rico than it was to betray the men who Besides, what is the food of the people of that country? Gen­ bad been their faithful followers in the last .campaign. - eral Davis says that rice, beans, yams (sweet potatoes), corn, Therefore this bill was sent down, the Honse of Representatives bananas,_and sugar cane are the food of the people of the island; rushed it through;and it came here for no other purpose than to and nearly every one of those can be grown in that country in allay this ·excitement and this objection throughout the United abundance, and has been grown undoubtedly since the devasta­ States. They hope now, after holding their caucus, that if they tion by the hurricane six or seven months ago. So it is not a ques­ pass this bill perhaps the clamor will cease, and' that a little later tion of food. Everyone knows that. Everyone knows there is no on ·it will do to pass the Puerto Rican bill and make Puerto Rico necessity for passing a bill in order to feed the people down there. a crown colony, an imperial possession; for, unde1·lying this ob­ Furthermore, here is the testimony taken before the Puerto jection on the part of the Republicans throughout this country to Rican Committee, and there is not a witness who does not testify the Puerto Rican bill and the Puerto Rican traffic, after all, is the that wages have risen, that wages have doubled and trebled in objection to a change in the form of our government, the feeling Puerto Rico since the occupation of that country by our army. that no country should be brought under our flag where our Con­ Every witness who was asked the question makes that statement stitution can-not go, the belief that you can not maintain under before the Committee on Puerto Rico. Now, if wages have the same flag two syste~s of government, an imperial colony doubled and trebled in Puerto Rico, what is there to this clamor formed and framed after the English system and a republic whic~ with regard to poverty and the necessity for relief? It is simply bases its power and right to exist upon the conrnnt of the~overned. an excuse for the purpose of putting through a measure to meet What more is there with regard to distress in Puerto Rico? a political exigency. Why, Mr. President, nine-tenths of their exports are - ~offee. We Mr. FAIRBANKS. May I interrupt the Senator? never did and do iiot now levy any duty on coffee, and the~reater Mr. PETTIGREW. Certainly. part of their sugar has always come to this country and paid the Mr. FAIRBANKS. Do I understand the Senator to say that duty. Why? Because this was the best market-for it; even after the wages throughout the entire island have doubled and trebled? paying the duty. Nine-tenths of their molasses came here before Is that the conclusion the Senator draws from the testimony before they became a part of this country. What else have they to ex­ the committee? port? Sugar-sixty or seventy thousand tons last year-and a little Mr. PETTIGREW. The witnesses testified thatinall the ports tobacco, upon which we charge a duty. ' of the island, in all the cities where we wero in occupation, wages Mr. SPOONER. Will the Senator allow me to ask him a. ques- had doubled and wages had trebled. I say in a country where tion? - that can occur and does occur there can not be a great necessity Mr. PETTIGREW. Certainly. , for the relief of starving people. - Mr. SPOONER. Is it the opinion of the Senator that-we have a The people who were starving would rush to the point where republican form of government in Alaska? 2928 CONGRESSIONAL RECORD-SENA.TE. MARCH 15, • Mr. PETTIGREW. Mr. President, I shall not-answer the ques- General Miles's proclamation, while he does not use the word tion~ nor shift this discussion to Alaska or any other frozen country. "tariff," he clearly promises to those people all the benefits and Mr. SPOONER. Does the Constitution only extend to countries advantages that can be derived from being annexed to this country. which we own that are frozen and not to countries which are not I have no objection to voting money for the relief of the people frozen? of Puerto Rico; but in the platform of the Republican party in Mr. PETTIGREW. Mr. President, the Constitution can extend 1896 there was a plank which provided for free homes-that is, to a country that is frozen and can not extend to a country where that the people who had taken laner for many years. Meantime the poor must be looked after. If their former employers can not give them work, it duty and no revenue duty? must somehow be provided, on the roadS, which need it, or some kind of Mr. PETTIGREW. Well, Mr. President, I suppose the Sena­ public improvement. This dependent class embraces fully75 pe1· cent of the tor wants me to explain what I mean by'' promising everything," population of the island.. or what General Miles meant by what he did say. I have not That statement, Mr. President, from a gentleman thoroughly General Miles's proclamation here, but I have read it with some well informed, I place in opposition to the broad and positive asser· care, and I know what the people of Puerto Rico who appeared tions just made by my distinguished friend from South Dakota. before our committee understood him to mean. They under­ We could well wish, sir, that the statements of the Senator were stood him to mean-and we asked the question of many of them, founded in fact. and perhaps all of them-that they were to have the free importa­ Now, what does the pending bill propose? It is a bill conceived, tion of their goods into the United States, that they had become a as the Senator from Wisconsin [Mr. SPOO~ER] has said, in mercy; part of the United States, and that under our Constitution the a bill to relieve distressed humanity; one which invites and should Supreme Court had decided that no duty could be levied upon receive the most earnest and co1·dial support of every Senator in their exports to this country It seems to me that their interpreta­ this body, no matter to which political party he belongs. tion or understanding of what was promised them would be better Is this the hour, Mr. President, to play politics in the Senate of than any construction I could put upon General Miles's language. the United States, when a great measure for relief is pending for .Mr. SPOONER. The Senator has read the proclamation of Gen­ our decision? The bill distinctly declares that the appropriation eral Miles, has he not? is- Mr. PETTIGREW. I have read it. to be used for the government now existing and which may hereafter be Mr. SPOONER. Will not the Senator agree with me that there established in Puerto Rico, and for public education, public works, and other is nothing on that subject in the proclamation? governmental and public purposes therein. :Mr. PETTIGREW. I will not agree with the Senator that there Such, Mr. President, in brief, is the generous and humane pur­ is nothing upon that subject. I think, after a careful reading of pose of the bill. Tha.t there is need for it no one familiar with 1900. CONGRESSIONAL RECORD-SENATE. 2929

the situation can possibly deny. The bill, sir, is not to meet party debate on this question that he may have changed his mind, and exigencies, but to put to work those who are in sore need of that his intention may now be to speak upon the question, but I assistance. assert emphatically that when I questioned him upon the subject I shall not detain the Senate further; and I now move that the' he stated that he did not expect to speak. Senate proceed to the consideration of executive business. Mr. GALLINGER. And I assert emphatically that the Senator Mr. PENROSE. I would ask the Senator from Indiana to yield does not state the truth. The Senator did come and interrogate to me for a moment. me somewhat imperiously about the matter. I told him it was a The PRESIDENT pro tempore. Does the Senator from Indiana matter of doubt in my mind whether I would speak on the ques­ yield to the Senator from Pennsylvania? tion or not. That is precisely what I said to the Senator, and I Mr. HOAR. I should like to say a few words on the pending shall exercise the privilege to speak or not to speak, as I see proper. bill before it is laid aside. and I shall certainly not be instructed by the Senator from Mr. FAIRBANKS. I will yield to the Senator from Pennsyl­ Pennsylvania. vania [Mr. PENROSE]. Mr. PENROSE. I do not know whether it is that I do not state Mr. SPOONER. I hope the Senator from Indiana will withdraw the truth or that the Senator from New Hampshire did not intend his motion. He can renew it subsequently. ~ to tell me the truth. Mr. PENROSE. The Senator can renew his motion at any mo­ Mr. GALLINGER. Well, Mr. President-- ment. I do not expect to take more than a few minutes of the Mr. PENROSE. If he did not tell me the truth, it could not be time of the Senate in the statement which I intend to make. expected that I can convey to this body a coITect statement. Mr. FAIRBANKS. I will gladly withdraw the motion for the Mr. GALLINGER. That is unmanly- present. Mr. PENROSE. It is no more unmanly than what you are Mr. HOAR. Mr. President-- saying. Mr. PENROSE. If the Senator from Massachusetts will permit Mr. GALLINGER. And beneath my serious notice. I have me, I will yield to him in a few momen ts. stated precisely what I said to the Senator, and I stand upon that Mr. HOAR. I yield to the Senator. record. Mr. HOAR. Will the Senator from New Hampshire yiEld to SEN ATOR FROM PENNSYLVANIA, me for a que8tion? · ·Mr. PENROSE. Mr. President, there has been considerable Mr. GALLINGER. Certainly. .delay regarding Order of Business 168, which is Senate resolution Mr. HOAR. I desire to ask the Senator from New Hampshire, 107, which reads: in reference to the statement 'he has just made here, if he can now Resolved, That the Hon. Matthew S. Quay is not entitled to t~ke his seat say on what day he will return? in this body as a Senator from the State of Pennsylvania. l\ir. GALLINGER. I expect to return from my home next It has already been shown to this Senate in the eloquent remarks Thursday or Friday. I am going to New Hampshire. of the Senator from Massachusetts [Mr. HOAR], the distinguished Mr. HOAR. Can the Senator state what day he will return? acting chairman, as I understand, of the Committee on Privileges Mr. GALLINGER. Either on Thursday or Friday of next and Elections, taat this is one of the most important subjects before week. this body. While ~ve are pretending to discuss and to decide the Mr. HOAR. Mr. President, I ask unanimous consent that on very important questions which are daily pressed upon us, the fact Friday of next week, immediately after the routine morning busi­ remains that the great State of Pennsylvania, with 30 members ness, the Quay case may be taken up for considerat ~ on and con­ at the other end of this Capitol, has but one vote here in this body tinued until disposed of, reserving the right of appropriation bills upon these questions, and they can not properly and fairly be and conference reports. decided, in justice to the people of that State or in justice to the It seems to me every Senator will agree that however this im­ people of the United States, until that vacancy is filled. portant question is decided, if the State of P ennsylvania is enti­ I detect, Mr. President, here in this Senate on the part of cer­ tled to two voices here, she ought to have them while these vast tain Senators-and, if compelled to do so, I shall state the case questions are being considered. The arrangement I have sug­ clearly and upon proper evidence-I detect here clearly an inten­ gested will give the Senator from New Hampshire the time he de­ tion to procrastinate this question until the end of this session. sires; and it seems tome we should deal with thematter promptly. Such an effort, Mr. President, can not appeal to any candid or I will repeat my suggestion. I ask unanimous consent that a fair-mindedm2.Il. Whether Mr. Quay is entitled to his seat ornot week from next Friday, after th!3 conclus=on of the morning in this body is a question which must be decided upon the high business, the Quay case be taken up for consideration and con­ tribunal of each man's conscience, upon the constitutional ques­ tinued until disposed of, reserving the right of appropriation bills tion, or upon that lower degree of personal motives and partisan­ and conference reports. ship which have affected such cases in the past, and which, un­ Mr. PENROSE. Mr. President, I object- doubtedly, with some gentlemen, affect their judgment in the Mr. HOAR. Let my suggestion be stated. I ask that it be present case. Therefore I now desire to ask this Senate, and I stated by the Chair. desire to ask-and I look straight at the Senators who are in this The PRESIDING OFFICER (Mr. BACON in the chair). The opposition-whether they are willing to fix a day in the near fu­ Senator from Massachusetts asks that a week from next Friday ture when the Senate will take up this case and vote upon it, so the Quay case may ba taken up for consideration, and that the that it may be finally disposed of, as provided for and required by consideration thereof be continued until jt is disposed of, leaving the rules of the Senate? . the right of way for appropriation bills and conference reports. Mr. GALLINGER. Mr. President, a single word in reply to Mr. STEWART. I should like to know whether that is to be the interrogatory made by the Senator from Pennsylvania [Mr. after the morning business? PENROSEl, so far as I am personally concerned. · Mr. HOAR. After the morning business. I have been waiting fo1· six days, prepared to submit some brief Mr. PETTUS. I suggest to the senior Senator from Massacim. observations in opposition to the seating of Mr. Quay, and have setts that he fix an hour for the vote. It is very inconvenient no~ not had an opportunity to do so. In about twenty-four hours to have an hour fixed. from the present time I shall leave the city for a few days, and, Mr. HOAR. I did not suppose, after the suggestions of soma of course, during my absence I will not be able to participate in Senators, that the Senate would be willing to fix an hour for the the discussion, if it takes place. vote. I think that had better come as a separate request and that The Senator from Pennsylvania a few days ago ventured to re­ it had better be made later. I ask that the request I have sub­ mark that there were only one or two Senators who desired to mitted be first put. speak in opposition, but I think the Senator will ascertain before Mr. BURROWS. The Senator from Ohio [Mr. FORAKER] who this case is :finished that there are a large number of Senators who has charge of the Puerto Rican bill providing for a civil govern­ desire to be, and who will insist upon being heard. ment for that territory was out of the Chamber when this re­ I do not think the time has come for the Senate to fix an hour quest was made. to take a vote upon this question; and I do not believe that the ~r. HOAR. I think not. Senate will agree to do so. Mr. BURROWS. I am sure he was. Mr. PENROSE. Mr. President, when I said that I thought but Mr. FORAKER. I just this moment came into the Chamber, few Senators would speak upon this question, I was largely gov­ but I understand the request which has been made. I heard the erned by the statement of the Senator from New Hampshire [Mr. announcement from the Chair that a time be fixed for the consid­ GALLINGER] himself. I had seen in one of the newspapers that he eration of the Quay case, the time being Friday of next week. was expected upon a certain day mentioned to speak·on this case. Of course, having charge of the unfinished business, I shall hope I went to him and asked him whether hewonldspeakon this ques­ to be through with the Puerto Rican bill by that time. tion, and he distinctly informed me that he did not expect to speak, Mr. HOAR. I will modify my request for unanimous consent that he did not think he would. so as to also except the unfinished business. Mr. GALLINGER. Mr. President- The PRESIDING OFFICER. The Chair will then rnstate the Mr. PENROSE. He may have changed his mind. I know the request, which is that a week from next Friday, after the conclu­ Senator may have become so int-erested in the earnestness of the sion of the routine morning business of the Senate, the Senate will

XXXIII-184

• 2930 CONGRESSIONAL RECORD-SENATE. MARCH 15, take up the Quay case for consideration, and during the same public policy, and the course of dealing with dependencies of the period each day from day to day will continue the consideration United States upon which many gentlemen desire to enter. of that case until it is disposed of, excepting the unfinished busi- I have not in the least changed or modified the opinions I have ness and also appropriation bills and conference reports. Is there heretofore expressed, except that the study of the history of the objection? last twelve months, disclosed by the military and naval reports, :Mr. BURROWS. Mr. President, I do not know that there is the reports of our civil r.epresentatives in the East, has confirmed any necessity of a further response to what the Senator from and strengthened my original conviction. I have read the state Pennsylvania [Mr. PENROSE] has said, except to state what he I papers of the leaders of the people of the Philippine Islands; I knows, that the attention of the Senate has been occupied every have read their modest, temperate, eloquent appeals to the justice day to a late hour, to the exclusion of other matters, and even the and the love of liberty of the people of the United States; and I adjournment over Saturday has been avo!ded, so that we have hope and believe that somehowin the future not far distant these been in session every day. There are a large number of Senators I appeals will make their way to the conscience and the justice of who desire to be heard upon the Quay case, some of whom are the great American people. · now absent, as Senators know. but who will return in the course But I can not disregard the fact that a committee of the Senate, of a week or ten days. I should dislike very much to agree to· any- whom we all trust, tells us that there is a present and most ex­ thing which would seem to deprive them of the right to be heard tensive distress in the island of Puerto Rico, whose people have in this important matter. become, whether fortunately or unfortunately, dependent upon I will say to the Senator from Massachusetts that if he will delay the legislative power of the people of the United States. There his request until to-morrow, I shall take occasion to ascertain, and has been no practical suggestion for the immediate relief of that then will be able to state to him-- distress except the one now before us, unless suggestions which .Mr. HOAR. What was the statement made by the Senator present the gravest constitutional difficulties and the grave~t dif- from Michigan? ferences in regard to policy may be so considered. I do not think Mr. BURROWS. If the Senator will wait until to-morrow to we ought to wait while we debate, still less until we can deter- submit hls request, then I shall be able to state definitely. mine, what is to be our policy in dealing with these colonial de- Mr. HOAR. I will put the time forward until Monday or Tues- pendencies in the future-if we keep them as colonial depend- day, instead of Friday, if the Senator prefers. encies-or the further question whether, under our Constitution, l\Ir. BURROWS. No, sir; I would rather wait until to-morrow. we can have colonial dependencies nut intended to be embraced at Mr. HOAR. I know my honorable friend from Michigan too last in our own body politic. 1 do not think, I say that we ought well not to know that when he makes such a request of me he does to keep these people waiting until those grave differences are set­ it with the earnest desire, if he can consistently with his sense of tled, and therefore I propose to vote for this bill, and I propose to duty, to accomplish what l also desire, and he certainly would not vote in the negative of every proposition which may be made to ask it for any other purpose than that. Therefore, with that full amend it by adding anything of a debatable character, even if the knowledge, I will delay the request and will renew it to-morrow. amendment be to declare what I myself zealously believe. Mr. BURROWS. I will say to the Senator that I have not the FREDERICK SCHULTE OR SCHULDT. slightest desire to delay the discussion and the vote on this case. Mr. FAIRBANKS obtained the floor. Mr. HOAR. I am sure of it. Mr. TILLMAN. Will the Senator from Indiana permit me? I Mr. BURROWS. But I do desire to accommodate eleven or desire to ask unanimous consent to have passed a little measure twelve members of the Senate who wish to s-peak on this case. that I am anxious to get over to the other House. In the morning I expect to be able to speak definitely. Mr. FAIRBANKS. I yield. Mr. HOAR. I am sure of the Senator's sincerity. To-morrow Mr. TILLMAN. I ask unanimous consent for the present con- 1 ! 8~~~ JoNESt~; l~i~~s~s. The situation, then, is that the Sen- sideration of the bill (S. 2612) to remove the charge of desertion against Frederick Schulte or Schuldt. ator from Massachusetts does not make his request to-day, but There being no objection, the Senate, as in Committee of the gives notice that he will pre$ent it to-morrow. Is that it? Whole, proceeded to consider the bill, which had been reported Mr. HOAR. Yes; that is it. from the Committee on Naval Affairs with an amendment, in line Mr. ALLISON. I now call for the regular order of business, in 5, to strike out "War" and insert "Navy;" so as to make the bill order that I may make a statement. read: PUERTO R1CA.N REVENUES, Be i t enacted, etc., That the Secretary of the Navy be, and he is hereby, authorized and dfrected to remove the charge of desertion now borne on the The Senate, as in Committ.ee of the Whole, resumed the con­ records of the Navy Department against Frederick Schulte or Schuldt, for­ sideration of the bill (B. R._9080) appropriating, for the benefit m erly a seaman on the U. S. steamship$ Anotonia and Hartford, and to grant and government of Puerto Rico, revenues collected on importa­ the said Schulte an honorable discharge from the service of the Government. tions therefrom since its evacuation by Spain, and revenues here­ The amendment was agreed to. after collected on such importations under existing law. · The bill was reported to the Senate as amended, and the amend­ Mr. ALLISON. I have consented that the appropriation bill ment was concurred in. may go over until to-morrow after the routine business of the The bill was ordered to be engrossed for a third reading, read morning hour, with the understanding that it may be taken up at the third time, and passed. that time. CHOCTAW, OKLA.HOMA A.ND GULF RAILROAD. Mr. HOAR. I desire to say a word on the appropriation bill Mr. JONES of Arkansas submit~ed the following report: before it goes over. . The committee of conference on the disagreeing votes of the two Houses l\lr. ALLISON. Very well. I wish to give notice now that I on the amendments of the House to the bill (S. 2354) enlari;ing the p owers of shall not press the bill further to-day, but will allow the Senator the Choctaw, Oklahoma and Gu1f Railroad Company, haVIng met, after full and free conference have agreed to recommend and do recommend to their from Massachusetts to say what he desires to say on the subject. respective Houses as follows: Mr. HOAR. Mr. President, I wish to say a word, not by way That the Senate recede from its disagreement to the amendment of the of argument-- House and agree to the same with amendments as follows: Mr. FORAKER. Will the Senator from Massachusetts allow Insert tho word "franchises" before the word "railroad," at the beginning of line 13, page 3, and insert the words "either preferred or common, or both," me for just one moment to say but a word? after the word "stock," at the end of line 23, page 3. Mr. HOAR. Certainly. 'That the House agree to the said amendments. Mr. FORAKER. The unfinished business has been temporarily JOHN M. THURSTON, 0. H. PLATT, laid aside, I presume, while I was out of the Chamber. After the JAMES K. JONES, Senator from South Dakota [Mr. P ETTIGREW] ceased to speak, .Jfanagers on the part of the Senate. was an order made temporarily laying it aside? J . S. SHERMAN, The PRESIDING OFFICER. The present occupant of the CHARLES UORTIS, JOHN S. LITTLE. chair was not in the chair at the time. Managers on the part of the House. Mr. FORAKER. I want it understood that the unfinished busi­ The r eport was agreed to. ness is only temporarily laid aside; and I want to have an oppor­ tunity to say that-- ST.A.TUE OF DA.NIEL WEBSTER, Mr. COCKRELL. The unfinished business was temporarily The PRESIDENT pro tempore laid before the Senate the amend­ laid aside. ment of the House of Representatives to the concurrent resolution Mr. FORAKER. I shall ask for the consideration and disposi­ of the Senat~ providing for the printing of the proceedings in con­ tion of a number of amendments to the bill which is the-unfinished nection with the reception of the Webster statue; which was, to business, which have been offered to it. strike out all after the resolving clause and insert: Mr. HOAR. Mr. President, I do not wish to enter upon any That there be printed for immediate use as a public document, in the argument in regard to the pending proposition. It is well known, form prescribed by law for printing eulogies, 12,500 copies, in cloth binding, or, if it he not well known, I am willing to make it known, that I of the proceedings in connection with the receipt of the Webster statue on Januarr 18, l!JOO, as reported by: the committee of arrangements, of which differ widely with many Eersons with whom I have been accus­ 500 shal be for the use of Mr. Stilson Hutchins, 6,000 delivered to the Senators tomed to act in the past in regard to the constitutional right, the and Representatives of the States of New Hampshire and Massacbnsetto, to 1900. CONGRESSIONAL RECORD-SENATE. 2931 be divided equally between f.hem, 2,000 for the use of the Senate, and 4,000 for ar~~ in t~o war of the Revolution, but also the triumph of that the use of tlie House of Representatives. spirit which brought about our present organic law. Mr. HOAR. I move that the Senate concur in the amendment From the quiet courts of Mount Vernon came the messaO'es of of the House of Representatives. warning and patriotism which caused eleven States to send d~le­ The amendment was concurred in. gates to the Federal Convention which, after many months of SENATOR FROM PENNSYLVANIA. tribulation and labor, evolved the Constitution of the United States. The plan of government is best set forth by the docu­ :Mr. FAIRBANKS. · I had intended to move an executive ses­ ment itself, which makes the States speak in the first person and sion, but I understand that the Senator from Maryland [Mr. declare- W ELLINGTON] wishes to speak, and I will not make the motion. We, the people of the United States, in order to form a more perfect Mr. WELLINGTON. I ask the Chair to lay before the Senate union, establish justice, insure domestic tranquillity, provide for the common the resolution concerning the Quay matter, as I desire to submit defense, promote the general welfare, and secure the blessings of liberty to some remarks thereon. ourselves and our posterity, do ordain and establish this Constitution for the The PRESIDENT pro tempore laid before the Senate the reso­ United States of .America. lution reported from the Committee on Privileges and Elections; The powers of government were vested in three coordinate which was read, as follows: br~nches-the legislative, the executiye, and j ndicial. The legis­ Resolved, That the Hon. Matthew S. Quay is not entitled to take his seat in lative branch was the Congress of the United States, consisting of this body as a Senator from the State of Pennsylvania. a House of Representatives and a Senate. The Continental Con­ Mr. WELLINGTON. Mr. President, when, after an enforced gress had been one body only, but when the Constitution was absence of some weeks, I returned to this Chamber a few days framed, after much debate, the conclusion was reached that the ago, as I entered and approached my seat I h~rd the voice of the legislative branch of the Government should be fashioned after senior Senator from Montana, my attention was at once arrested that of Great Britain, the House of Representatives to be appor­ and I became an interested auditor to his eloquent appeal for the tioned to the States according to population, the Representatives admission of Mr. Quay as a Senator of the United 8tates from to be chosen by the people, so that they might represent them di­ Pennsylvania. It was an appeal more than an argument, and rectly, thus in some degree fashioned after the English Rouse of the extraordinary assertions and peculiar declarations he made Commons. The Senate of the United States was to be differently awakened the determination to answer them. It seemed to me to constituted. It was to take in this country the place of the upper be fitting that one who had stood with the senior Senator from and titled house in Great Britain. It was not to be chosen by the Montana among the decisive majority of the Senate when it re­ peo~1e thems_elves, but by the legislatures of. the several States fused to accord a seat in this body to Mr. Corbett, of Oregon, and here one of the great compromises is evident. In the Senat~ should make reply. I therefore claim the indulgence of the Senate each State was to have two members. Delaware and the Provi­ at this time. dence Plantations of Rhode Island were to have the same weight The matter now engaging the attention of the Senate is neither and power in the upper branch of the National Legislature that difficult nor comp1ex. The case of Matthew Stanley Quay pre­ New York, Pennsylvania, or Virginia enjoyed. It was the con­ sents no mass of testimony pro and con as to facts. tention of the smaller and weaker States that they must have in There is no contention concerning facts; they are admitted upon at lea.st one branch of the Legislature some guarani-y for safety either and both sides. And the case resolves itself into a constitu­ against the larger and more powerful States, who would be repre­ tional question, which, divested of surplusage, may be brieflv sented according to the number of their population in the lower stated thus: "Has the governor of Pennsylvanfa the constitu­ House. . tional right and power to fill by executh-e appointment a vacancy The Constitution as it was evo1ved and finally submitted to the in the Senate of the United States which occurred during the ses­ peop1e contemp1ated two Senators for each State. These ::::ena­ sion of the legislature of the State and which said legislature tors were to be elected by the legislatures of the Stat.es in a certain failed to fill by an election?" manner and to have such qualifications as were set down in the To this question I propose to address myself briefly; not in the Constitution of the United States. Originally there was much spirit of the attorney or learned counselor at law, who, by reason opposition,.as the debates of thE'. Convention abun dantly show, to of his technical training, frequently loses sight of the great issue a vacancy m the Senate, under any circumstance or condition at stake in his attempt at minute investigation and legal splitting being filled except by the legislature of the Commonwealth itself: of hairs, but with the purpos'e of the citizen who has studied the There was, however, a distinctive feeling that as nearly as possi­ Constitution of his country and endeavored to find the true intent ble each State should have two m~mbers; and if by reason of the of the organic law. legislature of the State not being in session to fill a vacancy a The Constitution of the United States, from the opening decla­ State should be deprived of a part of its representation, there ration to the last paragraph of the final article, shows that it is should be a provision that the chief executive, the governor or the result of a spirit of compromise as between contending ideas president of the State should have the right to fill the vacancy'for of government. The American people, in the enthusiasm of the the time being-that is to say, until the legislature would con­ moment which gave to the world the Declaration of Independence vene. thought only of the struggle which would be necessary to carry But the whole spirit of the debate and the final adoption of the into effect its propositions; and if they contemplated future gov­ articles as we now find them, relating to the election of Senators ernment, it was doubtless with the sentiment that each colonv of the United States by the several States, leads us to the conclu­ whic.h bad now becom~ a fre~ an~ independent State, should gov: sion that executive appointments were only contemplated at such ern itself. For the time bemg 1t was necessary to have unity time as the legislatures were not in session, and that the moment of purpose and concert of action. Therefore they entered upon a legislature was convened and had it within its power to elect a their national life, not in the character of a unified people but as Senator of the United States the right of the executive to appoint a league of sovereign States under a written agreement k~own as i;hould cease. · the "Articles of Confederation." This instrument has been elo­ There was, beyond question or doubt, ever present in the minds quently described by one of the greatest American orators Johil and hearts of the people of the colonies a deep-seated aversion and Quincy Adams, in the following langnage: ' palpable antagonism to executive power. This sentiment was created and nurtured by the tyranny, arbitrary rule, and malad­ The.Articles of Confederation, s~bjected to a philosophical analysis seem to be little more than an enuml'rat1on of the vocations of the Nationai Gov­ ministration of royal and proprietary governors for a century and ernment, which Congress, constituted by the instrument, was not authorized a ha1f of time. The colonists had been compelled to submit to to perform. They constituted a Congress with powers coextensive with the insult, hardship, injustice, and the sum total of their suffering nation, but so hedged and hemmed in with restrictions that the ]imitation seemed to be the general. rule and the grant the occasional exception. There came through the one channel-the executives of the Crown or the was avowedly no executive power. proprietaries. Can we wonder, therefore, if, when this galling Under these Articles of Confederation, however, the war of the yoke had been cast off, the patriots of the Revolution determined Revolution was fought and self-government ultimately achieved. to hold the power of government as nearly as possible in the popu­ But, sir, the condition of the country after the treaty of peace lar assemblies consisting of representatives of their own number, with Great Britain was critical in the extreme. The strona hand and to curtail in every possible way executive prerogatives? In of Federal powe.r was absent. There was contention at ho~e and the General Government during the Revolutionary period they fB:ilure abroad. There was upon the one hand an unwillingness emphasized this feeling of antipathy by conducting Federal affairs of the several States to surrender any portion of their sovereignty· under the Articles of Confederation, in which, as has been already on the other it was apparent that unless there should be a strong stated, there was no executive power. And though when the union of the whole people, binding by a Federal government all Constitution was adopted they surrendered a part of this, they the States into one nation, the struggle for independence would gave reluctantly and no more than was absolutely necessary. have been for naught. Fortunately, there was at that time living The language of the Constitution, Article I, section 3, i3 as an American so influential among his countrymen as to make his follows: ~ppeal for a Federal unio!l and constitutional government irresi~t- The Senate of the United States shall be composed of two Senators from 1ble. We owe to Washington not only the success of American :~;IB ~~~i:o~~o;~~~Y the legislature thereof, for six years; and each Senator 2932 CONGRESSIONAL RECORD-SENATE. MARCH 15,

Then follows the clause describing the fil'st election of members, therefore, belongs primarily the power of electing Senators of the the first meeting of Congress, and the division of Senators into United States, either previous to the expiration of a term or when classes. Following that we find this language is used: they are in session at the happening of a vacancy and at their first And if vacancies happen, by resignation or otherwise, during the recess of meeting when it happens in their recess, and on them devolves the legislature of any State, the executive thereof may make temporary ap­ the exclusive jurisdiction of the filling of such vacancies under pointments until the next meeting of the legislature, which shall then fill such environments. Secondly, during the recess of a legi lature such vacancies. a vacancy occurring by expiration of a t_erm which was not sus­ This language, to my mind, is exceedingly clear; it is plain and ceptible of being filled by the legislature either previous to its simple, so that even the layman may, by the exercise of common expiration or subsequent to it, or a vacancy happening by resigna­ sense, see the intention and purpose of the framers of the Consti­ tion in a stated term, "or otherwise," during the recess of the tution. It was to limit the power of executive appointment to legislature of any State, "the executive thereof may make tem­ vacancies which would ''happen by resignation or otherwise" porary appointments until the next meeting of the legislature, during the recess of the legislature of the State. Therefore, hav­ which shall then fill such vacancies." I reiterate this language ing thus limited the power of executive appointment, a vacancy to impress the difference as to the two appointments. The one which occurs during the session of the legislature of a State must an election by the legislature, ''which shall elect," and the other be filled by the legislature itself, and if the legislature fails of its an appointment by the executive, who "may appoint" under cer­ duty, then the executive can not act. tain restrictions and limitations. In the case now before us the claimant to a seat in this body, The debates of the Federal Convention which formulated the Matthew Stanley Quay, appears with a commission issued by the Constitution of the United States abundantlv show that at first governor of the Commonwealth of Pennsylvania-an executive it was the intention of at least a part of the ~Convention to have appointee. Now, sir, let us carefully examine this case. Does Senators elected by the legislature, and under any and all circum­ the executive appointment of Mr. Quay as a Senator of the United stances to prevent any executive appointment. This, however, States by the governor of the Commonwealth of Pennsylvania was modified, but the modification itself, to my mind, clearly in­ come within the constitutional limitation? If so, then he should dicates that it was not intended that the governor of any State be entitled to take his seat. If not, he should be excluded. No should at any time have the right to make an appointment when other consideration should enter into it. Neither cha1:acter nor the legislature of the State could elect. service, neither public enmities nor personal malice, neither friend­ In the debates upon this question Mr. Wilson strenuously ob­ ship nor kindly remembrances, should intervene and obscure the jected to vacancies in the Senate being supplied by the executive plain and simple issue before us. Partisanship on the one hand, of the State. He said that ''it was unnecessary, as the legislatures jealous antagonism on the other, should sternly be commanded to would meet frequently, and that it removed the appointment too stand aside. The bright light of independent, manly thought, the far from the people, and that he had always thought that the ap­ fervor of patriotic aspiration, the calm logic of reason, should pointment of the executive by the legislative department wrong, combine and concentrate our every endeavor toward elucidating and that it was still more so that the executive should select the the real intent of the Constitution. legislative department." Upon the question on striking out the words "vacancies shall be supplied by executives" in the original Our first inquiry should be as to facts. These are admitted to be draft of the plan of the Constitution the curious fact developed substantially as follows: The last term of sei::vice of ]\fr. Quay as a that Pennsylvania voted" aye," thus recording herself as opposed Senator of the United States from Pennsylvania expired on the 3d to executive appointment under any and all circumstances, and the day of March, 1899, thus creating a vacancy in the representation vote of Maryland was divided upon that issue. of that State in this body. The expiration of Mr. Quay's term In the adoption of the articles having reference to this point as occurred during a stated session of the legislature of Pennsylvania. they finally appear in the Constitution a compromise is apparent, Under the Constitution of the United States the legislature then in and while it is conceded that executives might under certain .cir­ session was charged to elect a successor to Mr. Quay for the term of cumstances make temporary appointments, it was believed that six years. Further, it is admitted that the legislature of Penn­ they would be for a short time, -and therefore, to quote the lan­ sylvania did assemble in joint convention and a number of ballots guage of Mr. Randolph, "the executives might be safely trusted were had in the endeavor to make a choice for Senator. I believe with the appointment for a short time;" but it is apparent through­ the session lasted forty-seven days after the expiration of Mr. out the whole debate that it was only contemplated that t hese Quay's term, but notwithstanding the frequent attempts in joint executive appointments should bo made where there existed an convention the legislature failed to elect a successor, and in this impossibility of the legislature of the State acting in its sovereign failure fell short of its constitutional duty. capacity and filling the vacancy. Thus we have not only the lan­ The State of Pennsylvania had, under the Constitution of the guage of the Constitution itself, but the further light of theinten· United States, the right of filling the vacancy caused by the expi­ tion of the framers of the Constitution concerning this important ration of Mr. Quay's term in one way only. The legislature be­ matter. . ing in session, it was its bounden duty to elect his successor. Jn addition to this, we find a long line of precedents, beginning Having thus failed in availing itself of its right-aye, further, of over a century_ago and continuing until the present, established performing its duty-the question now arises, Has the governor of by the Senate in its decisions upon the eligibility of such members the State the right or power to fill the existing vacancy after the of the Senate upon whose title there was any question raised at legislature, which under the Constitution was charged with the any point. election of a Senator, failed in its duty? It has been my privilege to examine a number of these, and I The Senate of the United St.ates, by and under the Constitution, find that with surprising uniformity, advancing step by step, the is the judge of the election and qualifications of its own members. Senate has emphasized the right and duty of the legislature to The Senate, therefore, in this case sits as a court to decide upon elect, and the limited power of the executive to appoint United the eligibility of Mr. Quay to be admitted as a Senator of the States Senators. United States from Pennsylvania. It acts in a judicial capacity. The first case which claims our attention is that of Kensey It should be ruled by the same laws and customs that govern Johns, of Delaware, who was appointed March 19, 1794, by the other courts. Now. what are these? Courts should be guided by governor of the State of Delaware to fill a vacancy caused by t~e the Constitution, which is the organic law of the land; the enact­ resignation of George Read. Kensey Johns was refused adm1s­ ments made under it, and such precedents as have been made and sion, and the seat remained vacant until the legislature of Dela· cited by courts of similar and higher jurisdiction around and ware elected Henry Latimer, February 7, 1795, to fill the vacancy, a.bout them. In the matter of judging of the election and quali­ Mr. Latimer being admitted and sworn in on February 28 follow­ fications of itS members the Senate is supreme, there is no court inO'. In this case it appears that Mr. Johns was refused admis­ of jurisdiction beyond it, and therefore in its decision as to any si;n because there had intervened, between the vacancy caused case of such nature that may be brought before it, it must be gov­ by the resignation of Mr. Read ~nd the executive appoint?IEmt of erned by the Constitution of the United States, the law made in Mr. Johns, a session of the legislature of Delaware, which had accordance with it and the precedents established and set by the failed to elect a Senator. It was here decided that the legislature Senate itself in similar cases in the century and decade of years of the State having been in session and having failed to perform which have backward rolled since constitutional government had its constitutional dnty, the limited authority of the executive of its origin in this country, and the Senate of the United States be­ the State did not extend even to filling a vacancy which had been gan to have life and being under it. allowed to exist. It will be observed that this is a stronger case The language of the Constitution concerning this phase of na­ by far than that of Mr. Quay, for the vacancy did not occur dur­ tional life is to my mind plain, emphatic, and unequivocal. There ing the session of the legislature. are two sources of appointment by which a Senator of the United Thus we find a vacancy which bad occurred during the recess of States can receive full and just title. First, an election by the the legislature attempted to be filled by the governor by executive legislature of the State which he is to represent in part. '.rhe appointment. Yet the Senate o.f the United f?tates refusec'!- Mr. Constitution charges specifically that "the Senate of the United Johns admission because a sess1on of the legislature had mter­ States shall be composed of two Senators from each State, chosen vened between the time of the vacancy and the executive appoint­ by the legislature thereof, for six years." To the legislatures, ment, thus emphasizing the intention of the framers of the 1900. CONGRESSIONAL RECORD-SEN.A.TE. 2933

Constitution that a narrow limitation should be placed upon the obligation imposed upon it, whereas in the Pennsylvania case it power of the executive. did not do so? This case occurred in the primitive period of our constitutional M.r. SPOONER. Does the Senator mean that the power of the government. The First Congress completed its organization in governor under the Constitution to appoint a Senator temporarily April, 1789. This case occurred :9-ve years later, when the framers depends upon the judgment of this body as to the good faith of of the Constitution were yet active in the service of our Govern­ the legislature of a State? . ment, some of them serving at that very time as members of the Mr. TILLMAN. I mean by that to say that my opinion as to the Senate of the United States. notably James Monroe, of Virginia, law of the case would rest entirely upon the facts, and that if the and this case would seem to do much toward shedding any light legislature had elected a man according to the requirements of that is needed to construe the meaning of the language of the Con­ the Constitution, and then adjourned, and that man afterwards stitution. It is most important to us from this standpoint, and declined to serve, and the governor appointed, I would vote to seat too much stress can not be placed upon it, for surely the men who him; but otherwise I would not. labored in creating the Constitution should be best able and most Mr. SPOONER. What yon would vote for is another thing. capable in construing the instrument and giving effect to its pur­ Mr. WELLINGTON. Here was a clear case, in which the gov­ pose. ernor had undoubted iigbtJo appoint, and, therefore, the appointee The voice and vote of such men as Monroe, Martin, Langdon, was seated. Burr, and others denying the right and title of Kensey Johns to A number of ca.ses of like nature to that of Mr. Walker's oc­ a. seat in the Senate upon executive appointment under the cir­ curred after Kensey Johns had been refused admission. The cumstances shown by the case should carry conviction deep and second case to which I shall refer is that of Uriah Tracy, of Con­ strong to their successors in the Senate at the present time. necticut, which occurred in 1801. Mr. Tracey's term as Senator The only case of an appointment, by the chief executive of a expired March 3, 1801. On March 4 of that year, at a special ses­ State, of a Senator, previous to that of Kensey Johns, was that of sion of the Senate, he produced credentials of appointment by the John Walker, of Virginia, whowasappointedMarch31, 1790, upon governor of Connecticut to fill the vacancy caused by the expira­ the refusal of George Mason to act after hiselection to the Senate. tion of his first term. Mr. Mason had been elected to fill a vacancy caused by the death Mr. SPOONER. Will the Senator allow me? of William Grayson. The legislature of Virginia was not then in The PRESIDING OFFICER. Does the Senator from Mary­ session and would not convene before the assembling of Congress, land yield to the Senator from Wisconsin? and therefore the executive, under his limited power, had a right Mr. WELLINGTON. I would prefer, I will say very plainly, to appoint for the time being, and Mr. Walker, upon the presen­ not to be interrupted right straight along. I do not usually make tation of his credentials, was seated and served until James Mon­ it a practice to interrupt any Senator when he is speaking. Haw­ roe, who was elected November 9, 1790, to fill the unexpired term, ever, if there is any question which the Senator wishes to eluci­ produced his credentials and took his seat December 9, 1790. date or point he wishes to direct attention to, certainly I do not Mr. SPOONER. Will the Senator from Maryland allow me? wish to be discourteous. The PRESIDING OFFICER (Mr. KEAN in the chair). Does Mr. SPOONER. I hope my friend will appreciate it when I say the Senator from Maryland yield to the Senator from Wisconsin? that I would not interrupt him for any other purpose in the world Mr. WELLINGTON. Certainly. than to make clear the question he is discussing. I would not in­ Mr. SPOONER. As I recollect the case, Mr. Walker was ap­ terrupt him simply for the purpose of controversy. If he prefers pointed to fill a vacancy which had already been filled by the not to be interrupted at all, I will not do it. legislature, whose choice had refused to accept. The PRESIDING OFFICER. The Senator from Maryland will Mr. WELLINGTON. I am citing this as a case in which the proceed. governor had the evident right to appoint. . Mr. WELLINGTON. Mr. Tracy's credentials were dated Mr. SPOONER. But the legislature had met and the legislature February 20, 1801, and it appeared that the legislature of the State had chosen, and the man whom they had chosen declined to accept. not being in session, he was appointed ''from the 3d day of March Mr. WELLINGTON. Exactly. Then there was a vacancy ex­ next until the next meeting of the legislature of said State." isting? Though exceptions were taken to these credentials, he was ad­ Mr. SPOONER. Yes. mitted to his seat and occupied and held ~t during the special Mr. WELLINGTON. There was a vacancy existing, and as session of the Senate of March 4 and 5 of that year. In the fol­ there was no legislature in session, and as there would be no legis­ lowing l\Iay he was elected by the legislature of his State for the lature in session between that time and the convening of Congress, term ending March 3, 1807. It will be observed that there is an the governor appointed, as be had a right to do, and Mr. Walker essential difference as between this case and that of Kensey Johns, . was seated. That is the contention I make. for though the vacancy which occurred by expiration of the term of Mr. SPOONER. But, if the Senator will permit me, the legis­ Mr. Tracy might have been provided for in advance by the legis­ lature had met to fill an anticjpated vacancy and they had chosen lature, it was not done. But the vacancy occurred during the a. Senator. recess of the legislature, and there was no opportunity for legis­ Mr. WELLINGTON. But the person chosen 1·efused to accept. lative action in the interval as between the expiration of his first Mr. SPOONER. He refused to accept. term and the consequent beginning of the vacancy caused thereby Mr. WELLINGTON. And that caused a vacancy. · and his presentation of credentials. - Mr. DAVIS. Did not that make the whole thing pass for noth- The case of Samuel Smith, of Maryland, in 1809 is almost identi­ ing? cal with that of Mr. Tracey, and the same result was attained. Mr. SPOONER. It made it pass for nothing. In the case of James Lanman, of Connecticut, there was an ex­ Mr. WELLINGTON. I do not so understand it. ecutive appointment made in advance of the expiration of his Mr. SPOONER. There was a vacancy until the legislature term-before the vacancy occurred-and he was refused admis­ should choose a man who would accept. sion upon his credentials, for the reason that it was held "the ex­ Mr. WELLINGTON. Then there was a vacancy, was there ecutive can not make an appointment in advance of a vacancy." not? In each of these cases it will be seen that there was a very wake­ Mr. SPOONER. I say that until the legislature chooses a man ful and watchful guarding, with jealousy, of the prerogatives of who will accept it has not filled the vacancy. the legislature to elect a Senator, and that any attempt upon the Mr. WELLINGTON. The legislature was not aware whether part of the executive power to take even the slightest step beyond · he would accept or not and it adjourned. Then there existed a the narrow confines of the constitutional limit, as then under­ vacancy in the representation of the State of Virginia in the Sen­ stood, was at once checked by the Senate of the United States by ate of the United States and that vacancy was filled by the gov­ refusing admission to the executive appointee. ernor, because the legislature was not in session and because it The case of Ambrose H. Sevier, Senator from Arkansas, was would not convene before the time when the Cong1·ess of the somewhat different from any of the preceding ones. The State United States would meet. That was the situation. of Arkansas was admitted into the Union June, 1836. In October Mr. TILLMAN. Mr. President-- of that year the legislature of the State elected Ambrose H. Sevier The PRESIDING OFFICER. Does the Senator from Maryland and William S. Fulton Senators. On the allotment of the Arkan­ yield to the Sena.tor from South Carolina? sas Senators to their respective classes, as required by the third Mr. WELLINGTON. Certainly. section of the first article of the Constitution, Mr. Sevier was Mr. TILLMAN. I just desire to get the facts here in order to placed in the class of Senators whose terms expired March 3, 1837, form my judgment as to the legal status. It is as to whether at thus creating a vacancy upon that day. The legislature of Arkan­ the time of the election it was known that the man would after­ sas had no opportunity to fill the vacancy, not having been in ses­ wards decline to serv~. or did his declination come in time for the sion after the result of the allotment was known. In June, 1837, legislature to act again? In other words, had not the legislature the governor of Arkansas appointed Mr. Sevier to fill the vacancy acted in absolute good faith according to its legal requirements which had occurred upon the expiration of his first term. The and duties and adjourned in good faith and everything of that Senate in this case decided that as a vacancy could not ha.ve been sort and had it not to all intents and purposes complied with the foreseen, the allotment not being known, and as the legislature 2934 CONGRESSIONAL RECORD-SENATE. MARCH 15,

had not been in session, the case came "fairly within the provi­ sion for the reason that the vacancy had been foreseen and had been sions of the Constitution," and Mr. Sevier took his seat and held susceptible of being provided for in advance. it until he was duly elected by the legislature of his State. This In this case the following facts appear: On March 3, 1893, the again emphasizes the fact that it was the intention of the Senate term of Mr. Sanders as a Senator from Montana expired. In Jan­ to confine executive appointments to such cases as bore evidence uary of that year the legislature of Montana met, and, its session of the inability of the legislatUl'e to act. being that which met next previous to the expiration of the term On July 27, 1850, Robert C. Winthrop was appointed by the of Senator Sanders, it was charged under the Constitution with governor of Massachusetts to fill a vacancy caused by the resigna­ the d~ty of electing his successor. Before the term had expired tion of Daniel Webster. He presented his credentials and was the legislature adjourned finally without having elected a Senator seated, as was his right to be, the legislature of Massachusetts not to succeed Mr. Sanders. Thereupon the governor of Montana being in session. On February 1, 1851, Robert Rantoul was elected attempt~d to appo~nt Mr. Mantle to the vacancy. Mr. Mantle pre­ by the legislature to fill the unexpired term of Mr. Webster. Mr. sented his credentials, and the case was referred to the Committee Rantoul did not appear to present his credentials, and Mr. Win­ on Privileges and Elections. On March 27, 1893. l\Ir. HOAR of throp himself offered a resolution- the committee, presented a resolution declaring Mr. Mantle 'en­ Tbat the Committee on the Judiciary lnquire and report to the Senate, as titled to a seat in the Senate. early as practicable, at what period the term of service of a Senator appointed The debate which followed extended itself over five months by the executive of a State, during tho recess of the legislature thereof, right­ until a vote was reached on August 23, following . .A substitut~ fully expired. for Mr. HOAR'S resolution was offered declaring Mr. Mantle not In answer to this resolution the committee reported: entitled to a seat and was adopted, thus excluding him. The de­ bate proves beyond doubt that the case was not decided upon any That a person so appointed had a right to the seat until t he legislature, a.t its next meetingishould elect a. p~rson to fill t he:unexpired term, and the per­ other than constitutional grounds. Mr. Mantle wa.s excluded be­ son elected shou d accept, and hIS acceptance appear to the Senate by the cause a majority of the Senate, without regard to political lines, . presentation of bis credentials. held that the executive of a State could not appoint a Senator after This report was debated, but no action was taken, the whole the legislature of the Commonwealth had an opportunity to elect subject being laid on the table, butl\fr. Winthropvacated his seat and had failed in the performance of its duty. February 7, 1851, when Mr. Rantoul presented his credentials. During the consideration of this case Senator Mitchell, of Ore­ Here again is evidenced the same spirit, and we have the superb gon, cited a letter written by Mr. Edmunds, of Vermont, formerly spectacle of a·Senator himself calling the attention of the Senate a Senator of the United States from that State. l\Ir. Edmunds to this important question, and at the same time, while expressing has earned just fame as one of the greatest constitutional lawyers a desire to hold his seat so long as he was constitutionally entitled of our time, ranking with Webster and his compeers, and this let­ thereto, declaring that he would hold it not one moment longer. ter, which was addressed to Governor Moody, of Oregon, in 1885, On December 15, 1851, Henry Clay sent a letter of resignation in answer to a request for his opinion upon a similar case, is so to the general assembly of Kentucky, said resignation to take clear and convincing that I beg to submit it now. It is as follows: effect on the first Monday of September, 1852. On December 30, BURLINGTON, VT., Septernber 1, 1885. 1851 , Archibald Dixon was elected by the legislature to fill the DEAR Sm: I have yours of the 21st ultimo, The Constitution, as you nnexpirad term of Mr. Clay. On June 29, 1852, during the recess know, proyides r~specting Senators that." if vacancies happen by resignation of the legislature Henry Clay died. On July 6 the governor of or otherwise durmg the recess of the legislature of any State, the executive thereof may make t emporary appointments until the next meeting of the Kentucky appointed David Meriwether Senator "until the time legislature, which shall then fill such vacancv." the resignation of Henry Clay takes effect.', Mr. Meriwether 's It has been held by the Sena.te. and may now be considered as the settled credentials were presented and be took his seat July 15 and held law of that body, that if a State legislature has once acted or had an oppor­ tunity to act wnile a vacancy exists the governor has no power to supply the it during that session of Congress. On December 6 of that year failure of the legislature to fill it up. the Senate was con.-ened in regular session, Mr. Meriwether did Applying this rule tot.he case of Oregon, a. vacancy existed on and after not appear, but Mr. Dixon presented his credentials to the Senate. the 4th day of 1\:Jarch, 1885, and your legislature, as! understand it, continued Objection was made to his taking the oath of office on the ground t o si t a long time after that date and had the opportunity to fill the vacancy, so t ha t the vacancy d id not bap~en during a recess of the legislature, and it that the seat belonged to Mr. Meriwether. The seat remained n ow only exists because the legislature failed i.n its duty of k eeping its Sen­ vacant until December 20, when the Senate seated Mr. Dixon, atorial r epresen tation inll. 1f w e construe this clause of the Constitution as having resolved that he had been duly elected to fill the vacancy som~ Dem oc~a.ti c Presi~en.ts have the correspond.ing clause ref!fecting the President fillrng vacancies m offices. so as to m ake 1t mean, that i vacancies in the Senate occasioned by the resignation of Henry Clay. Thfa happen to exist during any recess the governor may fill them, it would be an is additional evidence that the 8enate desired to recognize execu" ind efinite power to be exerted just so long as the legislature failed. which is tive appointments only under limited conditions, and that the not according either to the langu age or spirit of the Constitution. But, how­ ever we may reason about it, the Senate will be obliged to reverse its re­ moment there was an opportunity for legislative action it must peated decisions on the subject in order to admit a Senator appointed by tho have precedence and hold good. governor under such circumstances. Trusting that in some way a Repub· In the cases of Samuel L. Phelps, of Vermont, and Jared W. Wil­ lican Sena.tor from Oregon may be preserved to us a.ta. time when the only security for safe and conservative government lies within the Senate, liams, of New Hampshire, occurring in 1853, the Senate went a I a.m, very truly yours, step further in this direction and decided that a person temporarily GEORGE F. EDMUNDS. appointed by the governor on the occasion of a vacancy occurring during the recess of the legislature was not entitled to retain his This is the letter of Senator Edmunds, so plain in its langua(Te seat after the adjournment of the next session of the said legisla­ that·it can neither be mistaken nor disregarded. If the Senatii, lature which had an opportunity to elect his successor and failed previous to 1885, by its precedents justified the assertion of Mr. to perform its duty. Edmunds that it might "be considered the settled law of that These two cases again emphasize the construction of the Consti­ body that if the legislature has once acted, or had an opportunity tution, which would place a strict limit upon executive appoint­ to act while a vacancy exists, the governor has no power to supply ments and hedge them about upon every side. · the failure of the legislature to fill it up/' how much more is this In the eases of Charles H. Bell, in 1879, and Henry W. Blair, in true now, when since then an unbroken line of precedents bas 1885, both of New Hampshire, the vacancies having occurred been added. If this position was fortified then, it is doubly in­ during the recess of the legislature, and not being susceptible of trenched now. being provided for in advance, and there being no opportunity to After the case of Mr. Mantle came those of Allen and Beckwith. elect between the occurrence of the vacancy and the executive These two cases are almost, if not entirely, identical with that of appointment, they were both declared entitled to their seats and Senator Quay, now under consideration, and so little did the held them until the next meeting of the legislature, which chose claimants in these cases feel that they had a right to a seat in this their successors. body that the claims were allowed to fall without pressing them In 18!H Senator Reagan, of Texas, resigned from the Senate. actively for consideration before the Senate. They were sur­ The resignation was to take effect on the 10th day of June, 1891. rounded by the same circumstances and conditions as the case of The governor of Texas, after the receipt of the resignation of Mr. Senator Quay, and they emphasize the statement that from the . Reagan, appointed Mr. HORACE CHILTON to fill the vacancy occa­ beginning of constitutional government in the United States until sioned by the resignation of Mr. Reagan, the appointment to take now the:i;e has not been seated in the Senate a claimant coming effect on the 10th day of June, 1891, the day upon which Mr. Rea­ with the sort of credentials that are now presented by Mr. Quay. gan's resignation was to become operative. Mr. CHILTON was The last case which came before the Senate of the United States seated, the Senate declaring that- was that of Henry W. Corbett, of Oregon. He was refused ad­ mission on the ground that a vacancy having been foreseen and Though tho appointment ha d beon made in advance of the vacancy, its oc­ curJ·ence, b y resignation, t o take ei!'ect upon a cer tain date, and t here being susceptible of being provided for in advance, the governor was n o inter vening session of t.ho general assembly, thus ma.king it impossible for estopped from appointing. Of this case I have some personal the legislatur e to act, Mr. UHITlrON was entitled t o his seat under the execu­ knowledge, as it was my privilege then to be a member of this tive appointment. body and to act as a part of the high court which passed upon the The case of Mr. Mantle, of Montana, in 1893, is one with which claim of Mr. Corbett by executive appointment, to hold a seat as every Sen.a tor is familiar. Many are now present who par ti ci pated a Senator from Oregon. Mr. Corbett had a stronger claim to a in the debates npon thn.t occasion. Mr. Mantle was refused admis- seat in this body than has Mr. Quay, and, if I may be pardoned, I 1900. CONGRESSIONAL RECORD-SENATE. 2935 . will endeavor briefly to give the reasons why his claim was I am convinced, however, that the very contrary would be true. stronger and better. The term of Mr. Mitchell, of Oregon, expired I believe if the governor bad paid heed to the provision of the on March 3, 1897, during the recess ot the legislature. The legis­ con_stitution of bis State, which he bad pledged himself in the la'.'u1·e of Oregon after the occurrence of this vacancy met, but the most solemn manner to protect and defend, and had, under this lower house was never organized in due form, for the reason that constitutional provision, called together the legislature of the there was never in attendance a proper quorum of that body as CC>mmonwealth, there would to-day be a Senator here present, required by the constitution of the State. The constitution of duly elected by the legislature of Pennsylvania, having a title the State of Oregon requires two-thirds of the members of the beyond dispute, and under it would have been seated. house of representatives to be present to organize that body. Mr. PENROSE. Will the Senator allow me? During the entire time in which the legislature of Oregon should The PRESIDING OFFICER. Does the Senator from Maryland have been in session a sufficient number of members necessary to yield to the Senator from Pennsylvania? break a quorum were prevailed upon to remain away. thus caus­ Mr. WELLINGTON. I do. ing a failure in the organization and preventing the house from Mr. PENROSE. I make the statement that the contrary is the meeting with the senate in joint convention, as required by the opinion of all parties to the controversy in Pennsylvania. The Constitution of the United States, to elect a Senator to succeed Democrats, the independent Republicans, and the regular Repub­ Mr. Mitchell. It will thus be seen that, while there was a meeting licans have all agreed and so declared in the public prints that it of the legislature, it was impossible to have a joint convention, would be impossible to elect a Senator and that the reconvening and therefore it might have been contended that the legislature of of the legislature would be futile. • Oregon never bad an opportunity of choosing a Senator to fill the Mr. WELLINGTON. I aek the Senator's attention now to a. vacancy. This, however, was not taken into account, and the case which was identical with that of the Pennsylvania case, in fact that the time bad come when the legislature of Oregon, under which the legislature of a State failed to elect a Senator. It the constitution of the State, should assemble and did assemble would have been well for the governor of the State of Pennsyl­ was taken as an evidence that the State had had an opportunity vania and his people if he bad acted upon the high principle to elect and failed to avail itself of that opportunity by an elec­ which guided the present governor of the State of California tion of a Senator of the United Stat.es. when he issued bis message calling an extra session of the legis­ After the adjournment of the legislature, which ocqurred at the lature of that State on January 29, 1900. It will be remembered expiration of the constitutional limit for its session, the governor that the legislature of California bad failed to elect a successor to of Oregon appointed Mr. Corbett to fill the vacancy, and he pre­ Senator White, whose term expired March 3, 1899, as did Senator sented his credentials. The Committee on Privileges and Elec­ Quay's. The legislature endeavored to elect a Senator and ad­ tions considered it carefully; it was thoroughly discussed in the journed without having performed its constitutional functfon. Senate, and by a decisive vote it was declared that Mr. Corbett Here the analogy ceases. The governor of California did not wa8 not entitled to a seat in the Senate, for the reason that even attempt, in the face of the Constitution, laws, and precedents, to though the legislature had never been organized in both houses, appoint a Senator. He recognized his limited powers, and having the time for its session having passed and no election having been at heart the good of bis beloved Commonwealth and not the ad­ had, that the governor of the State had no right to make an ap­ vantage of a favored individual, he convened the legislature. pointment. Thus going a step further than ever before in the The message of Governor Gage should be read and treasured by Senatorial limitation of executive appointment. our people. I quote his words: In the case of Mr. Quay we have every condition which makes After careful consideration for many months of the question whether, bim ineligible as an executive appointee from the Commonwealth among other things, the expense to the people which may accrue from this session should outweigh the exigencies of convoking the legislature, I have of Penn8ylvania. The vacancy occurred during the session of the fully determined that the question of immediate disbursement should. be legislature; the legislature failed to avail itself of its constitu­ subordinated to public duty and public necessity, and that this necessity, tional prerogative or to fulfill its constitutional duty, and ad­ above all other matters, demands the election of a United States Senator, so journed without electing Mr. Quay's successor. From the lan­ ~~ts~~[~1;,~i:::u~ii~1dn~t:i::1 in representation with her sister States in guage of the Constitution, under the acts passed in accordance The duty which devolves upon you of electing a United States Sena.tor is with it, construing them in the light which is given us by the paramount, and, to afford you an opportunity to perform this high :prerog­ framers of the Constitution, and guided upon our pathway by an ative, would alone, were there no other important questions to be disposed of by the legislature, require this extraordinary session. almost unbroken line of cases, following one after the other, during If the representatives of each State in the Union were to refuse to perform more than a century of time, it seems to be plain that the gov­ their constitutional obligations of electing a United States Senator, the foun­ ernor of Pennsylvania, under these c9nditions, was debarred from dation of the Federal Government by and for the :people would crumble, and the American Republic would become a melancholy phantasy. - exercising the right of appointment. Yet, notwithstanding this, - The sisterhood of States represented in Congress is the constitutional the gbvernor of Pennsylvania did attempt to appoint Mr. Quay, essence of our nation, and full representation is not only a right belonging to and he presents his credentials to this body praying admiss~on. If each State, but also one of the greatest right.s of the Republic, and for tnany months last :past patriotic and urgent appeals have come to me from many of the Senate ' vot~s to seat him, in my humble judgment, it will do the most emJilent statesmen and jurists in America. imploring California to so in contravention of the expressed constitutional provision and perform, in this regard, hpr whole duty to the Union. Our country's seal in defiance of the law and every precedent that bears upon the bears the motto, " Unity from multiplicity," and the Stars and Stripes, joined in one flag, signify supremacy and singleness of purpose through a union of case. the States. - I -can not conceive that any court in the land would be so very The Constitution and laws of the United States must be obeyed, as well as forgetful of the sacredness of the Constitution or its obligation the constitution and laws of each State. The Federal Constitution and laws require that all States shall supply to observe the law and established precedents as to give such a representatives to Congress to legislate for the whole people of the separate decision; and I therefore can not belieye that the Senate would States; and thus the persistent refusal of a State to perform this duty re­ so far fail in its remembrance of the organic law which was its quired by the Federal Constitution and laws is treason against-the Union. creator or of the dignity of its own past record as to admit Mr. ln takmg my oath of office I solemnly pledged myself to support the Con­ stitution and laws of the United States, a.nd I firmly believe I would be recre­ Quay, upon his credentials here presented, as an executive ap­ ant to that sacred oath did I fail now to convoke this legislature for the pointee. I for one, having carefully examined the points at issue purpose of electing a United States Senator. in the case of Mr. Corbett, and having cast my vote against bis California should have her full corps of legislators in Congress to assist in the passage of laws favorable to our trade with the newly acquired territory. admission because of my views of the limited authority of the No State can be equal if not equally represented. Cali.rornia, therefore, de­ executive, and having seen the Senate upon that occasion sitting mands her equal right of representation by the election of a United States as a high court, having heard its opinion that Mr. Corbett was Senator. not entitled to a seat in this Chamber, can not see my way clear to He thus performed-his duty. Did the legislature of California aid in a reversal of the judgment of the court as recorded upon follow in his foot.steps and perform the task incumbent upon that occasion in a case tha.t is no stronger than was that of Mr. them? Yes, splendidly. They convened and elected a Senator, Corbett's-aye thatis weakerineveryparticular. I can not doso and California to-day has two Senators-her full quota in this for the sake of\he reverence and respect I have for tbedecision of body. All honor to the governor of California! the Senate. I can not do so for the sake of personal consistency. I would that Pennsylvania's chief magistrate bad been guided I shall therefore cast my vote in conformity with what I conceive by the same motive. Had he done so either Mr. Quay would to-day to be the constitutional provision and what I hold to be the law be seated in this body with a title given him by the general

to protect and defend. Standing upon this ground, I shall. vote made a solemn affirmation that they will be guided by the Con­ according to my conviction, and I feel that every Senator will be stitution, would allow political partisanship, personal malice, or actuated by the same high motive in his decision. private advantage to warp their judgment and make them fore­ The senior Senator from Montana, in his argument favoring sworn when sitting as a high court to judge upon the eligibility the admission of Mr. Quay upon a construction of the Constitu­ of one of their number. He hastens over the cases ot Allen and tion which would allow governors to appoint Senators after the Beckwith, and it is well for him that he does so, for the claimants failure of the legislature to elect, endeavored to make it appear themselves bad so little confidence in the justice of their cases or that it was the intention of the framers of the Constitution to have the constitutionality of their appointments that they failed to the Senate at all times filled to its constitutional limit, and that, make a struggle for admission. recognizing the difficulty .of obtain5ng attendanc~, they were in­ Reaching the case of Mr. Corbett, of Oregon, he again advances clined to give the executive. of a ~tate extraordinary powers of the idea that Mr. Corbett was denied his seat not for constitutional appointment. I ventm:e to differ w1t~ the Senator froi;n M.ontana, but for political and partisan reasons. Having participated, by my not only in his constrmng the meanmg of the Constitution, but vote, in that case, I feel that 1 can speak for at least one Senator as to the facts environing the formative period of constitutional when I say that I voted against the admission of Mr. Corbett as a government in this country. It is true that there was at the Senator from Oregon upon the ground that under the Constitution beginning difficulty in organizing the Senate; that for some time of the United States the governor of Oregon was debarred from there was a meager attendance, and there was an adjournment making such an appointment. Sir, had political opinion and par­ from day to day until a quorum was obtained. . tisan advantage been the basis of my action in the Corbett case, But1 sir, this was not so much the result of a want of mterest I should have voted for his admission. It will be remembered at in the Senate as it waR a manifest hesitancy upon the part of many thattimetherewasintheSenateasmallmajority,anarrowmargin, people, some of them the most influential in our land, to commit­ in favor of the double standard, or rather, to state it more plainly, ting themselves to the new scheme of Government. There had the free coinage of silver. I was then, as I have been in the past been befo1·e the adoption of the Constitution, and there was after and am now, opposed to the free coinage of the white metal, an­ it a ~entiment of doubt as to the success of this novel plan of es­ tagonistic to the double standard, and favorable to the single gold t~blishing a nation. It will beremembered that quite a pe1iodof standard. Mr. Corbett held the same views; political affinity time elapsed between the adoption of the Constitution by the Fed­ would have directed my sympathy and aid to his cause. But eral Convention and its adoption by a sufficient number of States there was another and higher consideration more powerful than in their conventions. After its adoption it seemed an exceeding this-it was the constitutional right of Mr. Corbett to hold a seat difficult matter to put the wheels of government in motion. Hesi­ in the Senate by executive appointment. And, sir, after examina­ tancy doubt, and distmst, and above all the feeling that the tion from this standpoint, I was conv~ced that he was not entitled State~ should not surrender their sovereign power to a central to it, and. therefore, answering the call of official duty and solemn government were evident. This condition retarded the organiza­ obligation, I voted against him. tion of the Senate as well as other portions of the Government, Again, however much I might stand in opposition to the politi­ but once put in motion it became evident that doubts and fears cal methods of Mr. Corbett, or to the partisan measures of the were founded upon error, and thatthe new Government was go­ then governor of Oregon, they did not influence in the slightest ing forward to success. True it is that the most enthusiastic sup­ degree the vote I cast upon that occasion. We were not trying porter of the new .Constitution did .not in his fonde~t dream an­ the governor of Oregon or Mr. Corbett for the failure of the or­ ticipate the magmficent success which has been attamed. ganization of the house of representatives of that State and the It is also true that during the first decade of the National Gov­ consequent inability of the legislature to hold a joint convention. ernment there were several resignations from the Senate, but Their practices may have been revolutionary; their action, if cor.. these were occasioned not by want of interest, but either by elec­ rectly reported, was undoubtedly worthy of condemnation, but, tion to the governorship of a Commonwealth or an appointment sir, that was a matter for which they were answerable to the to a Cabinet position or some other important event. And it will people of Oregon. and to the laws of that State. The Senate of be remembered that at that time more attention was paid to the United States, however, was inquiring into the question as to State than National Government. But, sir, there is abundant whether or not this same governor of Oregon, after the failure of proof that at no time did the framers of the Constitution contem­ the legislature to elect, had the right, under the Constitu~on, to plate more than a very limit.ed exercise of executive power in the appoint a Senator to fill the vacancy, and upon that question the appointment of United States Senators. As I have already shown Senate emphatically decided in the negative. by the debate~ .of the Fe.deral Conven~ion, the;r manife~ted a The Senato.r. from Montana further attempted to inject the per­ desire of curtailmg executive power, which has smce been Justly sonality of Mr. Quay and the antagonisms which surrounde~ him observed. in Pennsylvania into the consideration of this case. I can well The Articles of Confederation, which were the organic law pre­ see how a man of the generous nature which is ever evident in vious to the adoption of the Constitution, almost entirely failed the actions of the senior Senator from Montana would be led, by in recognition in the direction of executive power. They guided loyalty to his personal friend, into this e!l"o~. . and controlled by legislative function. The same sentiment was But, sir, I contend that we have at this time no concern whati­ still powerful when the Constitution was formulated. ever with the factional differences existing in the Republican party The Senator from Montana further contended that the cases of of Pennsylvania, nor have we the power to chastise recalcitrant Kensey Johns, of Lanman, of Mantle, Allen, Beckwith, and Cor­ Republicans who fail ~o ?bey the dec!sio~ of their par:ty _caucus. bett all of which confronted him and his argument as an adaman­ I believe in the subm1ss1on of the mmonty to the maJor1t.y, as I tine' wall of antagonistic facts, were decided not upon constitu­ believe in obedience to the law, but there may be times when the tional grounds, but were controlled by extl:aneous circumstances. party caucus attempts to bind the personal conscience, when for Unfortunately for him, the record of these cases does not estab­ the sake of manhood and honor. a member of a political organiza-­ lish the correctness of his position. All data and information tion may refuse submission, as ·there have been times in the his.. which we have of the case of Kensey Johns establishes beyond tory of the world when existing law was defeated and men rose peradventure that it was decided upon purely constitu?o!lal up in revolution for the sake of that ~hich conscience t?ld them grounds; and it is explicitly ~tated that he was refused a~10n was right. But the Senate of the Umted States can not mtervene because a session of the legislature of Delaware, under which a in a quarrel as between the party caucus and those who refuse to Senator could have been elected, had intervened between the oc­ follow in Pennsylvania. currence of the vacancy and the executive appointment. I deprecate every attempt to make personal assault upon Sena.. I reiterate this statement to emphasize at this point the princi­ tor Quay, and denounce as unjust and unwarranted any attempt, ple upon which the case of Kensey Johns was decided. by false accusation, to defeat him for the honor he sought, but, To my mind there can be no doubt as to the reason why Lan­ sir, whatever may be my feelin~ upon thes~ matters, t?-ey b~ve man was refused admission. It is stated in plain English, and the meager reports of the debates which have come to us all tend in no place in the Senate of the Umted States m the consideration of this case. Here we have a principle at stake; here we hav~ a the one direction, and that is the establishment of the fact that it constitutional purpose to decide. Unbiased by extraneous cir.. was decided upon constitutional grounds. cumstances, we should seek only the bright light of t?-e law. The Senator did not allude to the intervening cases, but devoted No greater good can come to any people than that its repre~en.. some time to the discussion of the Mantle case, as very properly tatives in the law-giving power should follow t~e stern, str~1ght he would do, this case coming from his own State and being con­ path of duty and adhere at all times, and amid ~ve~y envrroi;i­ temporaneous with his entrance into national poli~ics. He mak.es ment to that which is commanded them at the begmmng of their the distinctive claim that the Mantle case was demded upon polit­ term 'of office and should a bide with them until its closing hour­ ical grounds. Whatever may have been the secret purpose of stI·ict compliance, under oath, with the Constitution. Acting some Senators who voted against seating Mr. Mantle, the debates with such purpose, personal differences must be forgot!en, party show conclusively that he was refused admission upon Constitu­ fealty must stand aside, and we ~ay then reach the altitude con­ tional grounds. I should view with chagrin a~d regrE'.t 1'.he spec­ templated by the poet when he said: tacle of the Senate of the United States refusing admission to a Sena.tor, duly elected, for the sake of political reasons. l can not God give us men I A time like this demands and will not believe that Senators of the United States, who have Strong minds, great hearts, true faith, and ready hands. CONGRESSIONAL RECORD-SENATE. 2937

We need:. Mr~ SPOONER. In what respect? Tall men, sun-crowned, who live above the fog, Mr. WELLINGTON. The case I cited previous to that of In public duty, and in private thinking. General Smith, of Marylandt was that of Uriah Tracy, of Con­ But, sir, there is another and equally potent reason for adher­ necticut in 1807. ing to the construction of the Constitution, which would limit Mr. SPOONER. Yes; what was that? the power of executive appointment. It is important that our Mr. WELLINGTON. And the case of Uriah Tracy, as I un­ present action should so accord with the past as to make it con­ derstand it from the brief given, was exactly that of the case of sistent, but we should also look to the future. The precedent General Samuel Smith, of Maryland. set in this case will go forward and aid in fashioning policy in the Mr. SPOONER. The case of General Samuel Smith, of Mary­ years yet unborn. ls the Senate prepared to aid in the upbuilding land-I did not know he was a general-is not correctly reported of the executive to the detriment of the legislative power in our in Taft, and it is a case of the utmost significance-- Government? What is the great danger of the Repn.blic? It is Mr. WELLINGTON rose. this: That the representatives of the people, in their anxiety for Mr. SPOONER. If the Senator will allowme, andit bears with national aggrandizement, political success, and personal gain the very greatest weight upon the question which the Senator has surrender gradually, imperceptibly, but surely, the prerogatives been discussing. Senator Smith, of Maryland, was a Senator of of the legislative branch of the Government, by allowing execu­ the United States. His term was to expire on the 3d day of tive encroachment. This spirit is abroad now; let us heed the March, 1809, I believe it was. note of warning being sounded. Stand by the Constitution, guard Mr. WELLINGTON. Eighteen hundred and nine. the powers of Government belonging to the law-giving authority, Mr. SPOONER. Eighteen hundred and nine. The legislature hold them sacred, and let us ever remember that the spirit of free of Maryland met and declined to choose a Senator to fill that government would avoid increasing executive. power, for it is the anticipated vacancy. They had the oppo1·tunity. '.fhey knew sure road to autocracy. when the vacancy by effiux of time and by operation of law would No greater error can be committed than that of enlarging the occur. They declii;ied to choose a Senator to fill that anticipated right of the executive branch to appoint the legislative. It is this vacancy. When the 4th day of March came and General Smith's power that should rest as nearly as possible with the people and term had expired, the legislature, not ~ingin session, but having their representatives. Surely, if we consider this phase, we dare been in session, having had an opportunity to fill that vacancy, not establish for the first time, after the lapse of over a century, knowing, if they knew anything (and the legislatures of Mary­ the precedent of allowing the governor of a State to assume the land know everything, or did then, as they must now), that in a prerogative of executive appointment of a Senator of the United short time the seat would become vacant, not only neglected to States when the legislature should elect. Let no Senator for a fill it, hut declined to fill it. Then when the time came in a recess personal reason aid in establishing a departm·e from the past i·ec­ of the legislature, and the vacancy occurred, the governor of ord and the adoption of a new principle which will rise to our Maryland appointed Samuel Smith temporarily to fill the va­ endamagement in the future. cancy, and Samuel Smith wrote a letter to the Senate. Having this faith, I am consti·ained to cast my vote against seat­ He was an honorable man. He did not choose to occupy a seat ing Mr. Quay. I earnestly appeal to my fellow-Senators to care­ in the Senate sub silentio, without bringing to the attention of fully consider the extreme importance of their action ere they do the Senate the fact that the legislature had met seasonably and otherwise.. declined to choose a Senator to succeed him. Thereupon he wrote Mr. SPOONER. Mr. President, I do not rise to discuss the a letter to the President of the Senate in which he stated, and it Quay case at any length I have refrained, in accordence with is not reported in Taft, but it is in the permanent records of. the the desire of the Senator from Maryland, from interrupting him Senate, that the legislature had met and declined to choose a Sen­ any further than I did in the progress of his argument, but I de­ ator, and so, he having been accepted as a Senator under the ap­ sire to call his attention to one omission in his SIJeech which to my pointment, having brought to the attention of the Senate the fact mind is significant and which with me has had some weight. that the legislature had met and declined to choose his successor, I agree with the Senator from Maryland, and I do not rise at all asked the Senate how long he could hold, whether until the to discuss the Quay case in any degree of fullness, that it is purely meeting of the next legislature or until the legislature had ad- a question of constitutional law. I agl'0e with him that person­ journed. • _ ality has nothing .to do with it; that whether Mr. Quay is person­ Mr. President, that presented two questions to the United States ally 8.o""Teeable or disagreeable to the members of the Senate as Senate. All honor to General Smith, of Marylan~ and his frank­ now constituted is altogether aside :from the real point in.-olved nesst First, the question whether under the Constitution, the leg­ here. But the Senator from Maryland referred to a superb exa:µi• islature having met and declined to choose, the governor had any ple coming from the State of Massachusetts, in which the Senator­ jurisdiction to appoint temporarily at all. That was the first. elect or appointed from that State, Robert C. Winthrop, desirous Nobody could evade it. It was thrust into the face of the then of retaining lfis seat, nevertheless in an honorable way presented Senate. And, second, whether, having been appointed under those to the Senate of that day the question which underlay his appoint­ circumstances, he should hold until the meeting of the next legis­ ment. lature or until that legislature had chosen his successor. No I think the Senator from Maryland has omitted the- case of a man in that body-it was only twenty years after the- adoption of similar sort which did infinite honor to the great Stat.a that the the Constitution and, I suppose, or have supposed, they knew as Senator represents. I accord to the Senator the tribute of my ad­ much about the Constitution in 1809 as we do in 1900, and cared miration and respect for his ability and for his independence. as much for their obligation to support it as we do-no man in The Senator not only thinks, and thinks well, but follows bis con­ that Senate challenged his right to a seat under the appointment victions. He has invoked the lessons and the actions of the past. of the governor, notwithstanding his notification to the Senate I agree with him that profound respect is to be accorded to the that the legislature had met and declined to fill the vacancy. But action of prior Senates. I agree with him that the men who acted they went further than that. They decided, only justified by a in this body near the time of the adoption of the Constitution knew fiction of law-falsehood-that he could hold not until the meet­ quite as much about it as we who come here. many, many years ing and organization of the legislature, but until its adjournment after its adoption. In that view, referring to the past, I call the if his successor was not elected meanwhile and qualified. Now, attention of the Senator and of the Senate-that. is, the few Sen­ what does the Senator from Maryland say, recurring to the facts, ators who are here, to the precedent from Maryland, "my Mary­ about that precedent? land," the Senator would say; and she is "my Maryland, too.'~ Mr.. WELLINGTON. I merely wish to say that it is one pre­ In 1809- cedent out of many. Yet, as I have said, the Senate has been Mr. WELLINGTON. Does the Senator refer to the case of almost uniform. There have been times when the Senate did not Senator Smith? decide as it has in the majority of cases, and it may have been Mr. SPOONER. Yes. that in the case of General Smith, of Maryland, it made this de­ Mr. WELLINGTON. I alluded to that case. cision. Taft does not record it in that way. He i·ecords it differ­ Mr. SPOONER. Very briefly; too briefly. ently. According to my understanding of the case of Smith, of Mr. WELLINGTON. I alluded to it briefly, I will say to the Maryland, it was an exact counterpart of that of Uriah Tracy, Senator, because it covered the same ground, in my judgment-I from Connecticut. I say, fmther, that almost by an unbroken line may be in error-as the case that I cited just preceding. of precedents the Senate of ·the United States has declared, and Mr. SPOONER. No, it did not, on the Senator's understanding has advanced step by step going forward in its declaration, that of the facts preceding. The Senator's statement of the facts pre­ the appointment of a governor shall be hedged and hemmed ceding it, in the Virginia case, was that the legislature of Vir­ about. I say, further, and reiterate that the Senate of the United ginia chose a Senator to fill an anticipated vacancy, and, not know­ States has never seated in this body any man claiming admission ing that he had declined, adjourned, and that the governor, when upon such credentials as are presented by Mr. Quay, of Pennsyl­ the term of the incumbent expiretl, the legislature not being in vania. They are entirely different from the case of General session, filled the vacancy. Smith, of Maryland. I do not know, and I am not prepared to Mr. WELLINGTON. I beg the Senator's pardon. He is mis­ say at this. moment, whether or not the legislature of Maryland tak~ refused to choose a Senator, because I have not those facts here. 2938 CONGRESSIONAJJ RECORD-SENATE. MA.ROH 15,

Taft does not say so. The legislature of Maryland did not elect a. shakes his head; I insist that the Senate did put it there, and I Senator. That is what we know. insist that the framers of the Constitution did not put it there­ Mr. SPOONER. If the Senator will permit me, I say so. provided that the legislature shall not have met and failed .to 1 Mr. WELLINGTON. The Senator may have sources of infor- choose. mation that I have not. . So I say, Mr. President, that in my judgment the Senator ap­ Mr. Sf>OONER. I have read the letter of the Senator from pointed from Oregon was entitled to bis seat. I say another thing Maryland, General Smith, and it is in the record but not in Taft, about it, and that is why I refuse to be bound, as upon the doc­ in which he stated that the legislature had met and declined to trine of stare decisis, by a decision of the Senate on such a ques­ elect his successor. tion-I say that the Corbett case was decided upon considerations Mr. WELLINGTON. That is a personal statement of General which were not before the committee and which were whispered Smith, and I do not wish to controvert it now. I have taken these around the Senate, one of which was that Mr. Corbett had himself cases as we have information in public documents, and I have prevented an organization of the legislature in Oregon. found them to be as I have stated them to the Senate. I have not Mr. WELLINGTON. Will the Senator allow me? misrepresented a single fact in what I have brought before the Mr. SPOONER. I am not replying now to the Senator from Senate. Maryland. Mr. SPOONER. I hope the Senator from Maryland does not Mr. WELLINGTON. I merely wish to say, if the Senator will think I intimated that he had misrepresented a fact. allow me, that so far as my vote in that case was concerned it was Mr. WELLINGTON. But he does intimate, I will say to the not recorded for any reason of that kind. Senator, that I made a significant omission. Mr. SPOONER. I do not doubt itfor onemoment-notforone Mr. SPOONER. Only this, that I thought the Senator moment. omitted-,- Mr. BURROWS rose. Mr. WELLINGTON. No. Mr. SPOONER. What does the Senator from Michigan desire Mr. SPOONER. Yes; and I say now that the Senator omitted to say? the full statement of the facts as they appear on the record. I do Mr. BURROWS. I desire to make an inquiry. not say that the Senator did this in'!"-entionally at all, but I do say Mr. SPOONER. The Senator is at liberty to make many. that in 1809, when the Se:µate of the United States acted upon the Mr. BURROWS. I care to make but one. case of Samuel Smith, it was advised by letter from him that the Mr. SPOONER. One, then. legislature had met and declined to choose his successor, and that Mr. BURROWS. The Senator laid great stress upon the deci­ nevertheless that Senate, very much nearer the adoption of the sion in the Smith case, which occurred twenty years after the in­ Constitution than we are, not only permitted him to remain a auguration of the Government, and he thought that the members member of the Senate, but held that he was entitled to continue of the Senate then were quite as apt to know what the Constitu­ until llis successor was chosen by the succeeding legislature. tion meant as the constitutional lawyers of to-day. Mr. WELLINGTON. I will say to the Senator, if he will per­ l\1r. SPOONER. Pretty nearly as apt. mit me-- Mr. BURROWS. Yes. When his attention is called to the Mr. SPOONER. Certainly. Kensey Johns case he immediately retorts that this is a great con­ Mr. WELLINGTON. That the case of Kensey Johns occurred stitutional question. ten years before that time, and in that case the Senate did most Mr. SPOONER. Now, if the Senator will permit me, I did not expressly decide that when there had been a meeting of the legis­ say anything of the kind. lature which had the opportunity to elect a Senator and it did not Mr. BURROWS. I so understood you. elect him, the appointee of the governor-should be excluded from Mr. SPOONER. No; the Senator misunderstood me. the Senate, and he was excluded. Mr. BURROWS. Then I am very sorry. But I want to call Mr. SPOONER. Mr. President, I want to say that this is a pure the attention of the Senator to a fact and to ask him whether it question of law. I took my position on this question be~ore the has not quite as much bearing as the opinion of the Senate in Corbett case. I reiterated it after very caref™. examination in the 1808, twenty years after the Government was organized. The Corbett case." I believed when I voted on the Corbett case, and I Kensey Johns case occurred in 1794. Mr. Read had resigned. believe now, that.Mr. Corbett was as much entitled to a seat un­ The legislature met the following winter and failed to fill the va­ der the Constitution of the United States as I am, and I want to cancy and adjourned without filling it. After the adjournment state why I l>elieved that. The legislature, if there had been one the goverhor appointed Kensey Johns and the Senate refused to (and I care not, so.faras this question is concerned, to say whether seat him. I simply wanted to call the attention of the Senator to there had been one or not), was not in session when Senator the fact that that case came nearer the time when the Govern­ Mitchell's te1·m expired. Technically that comes within the letter ment was organized than the case in 1808, and to the further fact of the Constitution, does it not? that in that Senate there were seven members of the Constitutional :Mr. WELLINGTON. I he,ve serious doubt myself. Convention which framed this very provision. Mr: SPOONER. I have no doubt-- The Kensey Johns case went to the Committee on Privileges Mr. BURROWS. Mr. President, will the Senator from Wis­ and Elections, of which Ellsworth was a member. Ellsworth was consin allow me? a member of the committee on detail, and of him the Senator The PRESIDING OFFICER. Will the Senator from Wisconsin from Massachusetts said no greater lawyer ever lived on earth. yield to the Senator from Michigan? That Senate, with seven members of the Constitutional Conven­ Mr. SPOONER. After I have finished the sentence. On the tion in it, with Mr. Ellsworth a member of the Senate, refused to 3d day of March Senator Mitchell's term expired, and when that seat Kensey Johns in the Senate bec:ause the legislature bad had term expired the legislature of Oregon was not-in session. It was an opportunity to elect and had failed to do; and Mr. Ellsworth, in recess. a member of the Committee on Privileges and Electicns in that Mr. WELLINGTON.- It is true- body, and a member of the Constitutional Convention and a mem­ Mr. SPOONER. And giving to the Constitution of the United ber of the committee on detail, himself voted to exclude him; States its strictest construction, leaving the word "happen" to and he had only 7 votes in that Senate. signify whatever you may choose, it came about that when the Now, what I wanted to say, and I think the Senator will agree vacancy occurred it was in the recess of the legislature. with me, is that the opinion of that Senate five years after the Mr. WELLINGTON. If the Senator will permit me, I agree organization of the Government, with its seven members of the with him to this extent, that, in my judgment, Mr. Corbett had a Constitutional Convention members of the Senate, and Mr. E1 1s­ far stronger claim to a seat in the Senate than Mr. Quay has to­ worth among them, would have quite as much weight and ought day. to have quite as much weight as to what was intended by the Mr. SPOONER. I am not saying that Mr. Corbett had a far framers of the Constitution as the members of the Senate who stronger case than Mr. Quay bas. I am saying that under the made the decision in 1808. Constitution, in my judgment-I differ with many Senators-Mr. Mr. SPOONER. Mr. President, I did not intend to discuss the Corbett had an absolute right under the Constitution to be admit­ Quaycase at all. What I said in replytotbe Senator from Mary­ ted to this body. I think that Mr. Corbett's case, the vacancy land was suggested by his remark that we should pay attention to occurring in a recess of the legislature, fell within the letter of the past. The case to which the Senator from Michigan refem the Constitution independent of its spirit. was reversed by the Senate, in my judgment. The legislature in Mr. President, although I did not tj.se to discuss this question, the Kensey Johns case failed to elect. The legislature in the Smith I will state that I denied then, and I deny now, that the Senate of case declined to elect. Which is the stronger case? the United States has a right to amend the Constitution so as I have never been able to persuade myself that the failure of a to add to it this proviso, which the framers of that instrument legislature to elect a Senator is a fault of a State. Probably the did not see fit to incorporate in it, that when a vacancy shall hap­ Senator from Michigan bas been able to persuade himself that it pen during a recess of the legislature the governor may make a is. I can conceive of cases, and there have been many in recent temporary appointment of a Senator until the next meeting of years, where the failure of a legislature to elect was an honor to the legislature, which shall then fill such vacancy, provided-the the State and a protection to the Senate of the United States. It Senate put it there. The Senator from Nebraska [Mr. ALLEN] may very well be that in the contest in a legislature there may 1900. CONGRESSIONAL RECORD-HOUSE. 2939

be so many on one side and so many on another, and the balance formal reading of the Alaskan bill, which I presume will be con· of power between-that body of men who stand as firm as adamant cluded within that time. between the two sides, welded together for one reason or another­ .l\fr. PETTUS. .And no other business is to be transacted. may be a saving grace in the history of the State. Mr. CARTER. I a-ecept the suggestion of the Senator from Mr. ALLEN. I should like to ask the Senator a question, with Alabama as a part of the request. his permission. The PRESIDING OFFICER. TheSenator from Montana asks Tha PRESIDING OFFICER. Does the Senator from Wiscon­ unanimous consent that when the Senate shall adjourn to-day it sin yield? be to meet at 10 o'clock to-morrow morning for the purpose of Mr. SPOONER. Certainly. reading thE:' Alaskan bill, and that no other business shall be Mr. ALLEN. I ask him whether the failure upon the part of transacted. the legislature to elect transfers the power of the selection of ~, Mr. PETTUS. Until 12 o'clock. Senator ipso facto to the governor? The PRESIDING OFFICER. Until 12 o'clock. If there is no Mr. SPOONER. That bE:gs the whole question in dispute. objection to the request, it will be agreed to. It is agreed to. Mr. ALLEN. No; that is the question in dispute. Mr. PETTUS. I move that the Senate adjourn. Mr. SPOONER. That begs the whole question in dispute. The motion was agreed to; and (at 5 o'clock p. m.) the Sen­ Mr. ALLEN. That is the question. ate adjourned until to-mon-ow, Friday, March 16, 1900, at 10 Mr. SPOONER. I say !IO, and the Senator says yes. o'clock a. m. Mr. ALLEN. No; I say no. Mr. SPOONER. The Senator says no, and I ~y-­ Mr. ALLEN. I agree with the Senator if he says no. Mr. SPOONER. I say that the failure of a ·1egislature to elect HOUSE OF REPRESENTATIVES. gives the governor, no election having occurred, the power to ap­ point tempora1·ily. THURSDAY, jjfarch 15, 1900. l\fr. ALLE N. I say "no" to that. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Mr. SPOONER. Then your assertion begs the question. HE~RY N. COUDEN, D. D. , Mr. ALLEN. No; it does not beg the question. lt presents The Journal of yesterday's proceedings was read and approved. the issue. Mr. SPOONER. No; it presents nothing. LEA VE TO PRINT. Mr. ALLEN. I beg the Senator's pardon. Of course he does Mr. McCALL. Mr. Speaker, in arranging for printing in pam­ not mean that. phlet form the speech which I made in the House on the Puerto Mr. SPOONER. I mean that it begs the question. Rico tariff I have made a few verbal changes; and as these will Mr. ALLEN. No; it does not beg the question. go into the permanent RECORD, and there is some question of my Mr. SPOONER. The Senator is upon one side of this case and strict right to do it, I ask leave of the Honse that I may make the I am on the other. If he thinks that by a question I will admit changes referred to. -· that be is right and I am wrong, he is mistaken; that is all. The SPEAKER. Without objection, this may be done. Mr. ALLEN. That is the way-- There was no objection. Mr. SPOONER. I should if I thought he was right and if I DISTRICT OF COLUMBIA .APPROPRIATION BILL. thought I was wrong. Mr. ALLEN. There is nothing unmanly in admitting an error. Mr. GROUT. Mr.Speaker, I move that the Bouse now resolve Mr. SPOONER. But there is something unmanly in admitting itself into Committee of the Whole House on the state of the as an error what you do not regard as an error. Union for the further consideration of the District appropriation Mr. ALLEN. That may be true, but what I was going to ask bill. - the Senator and the matter that I wanted to bring his attention Mr. CLARK of Missouri. Mr. Speaker-- to directly is this: Suppose the legislature for any reason, it makes The SPEAKER. The Chair will state to the gentleman from no difference what, fails to discharge the plain constitutional Missouri that the Appropriations Committee insist upon proceed­ duty of electing a Senator to represent the State in this body, does ing this morning. '£he Chair will recognize the gentleman from that ipso facto create such a vacancy as would authorize the exec­ Missouri on another morning. utive to appoint? The ]IlOtion of Mr. GROUT was then agreed to. Mr. SPOONER. I say "yes," and the Senator says "no," Accordingly the House resolved itself into Committee of the Mr. ALLEN. I say "no." Whole House on the state of the Union for the further considera­ Mr. SPOONER. Well, I say "yes." tion of the District of Columbia appropriation bill, with Mr. SHER-' Mr. ALLEN. Very well; there is a division. MAN in the chair. Mr. SPOONER. '£hat is why we can not agree, because the The CHAIRMAN. The House is now in Committee of the Senator says one thing and I think another. Whole House on the state of the Union for the further considera­ Mr. ALLEN. Where does the Senator find his authority for tion of the :Oistrict appropriation bill, the title of which the Clerk the conclusion? will report. Mr. SPOONER. I will tell the Senator where I find my author­ The Clerk read as follows: ity for the conclusion. Bill (H. R. 9139) making appropriations to provide for the expenses of the Mr. PETTUS. Mr. President-- government of the 'District of Columbia for the fiscal year ending June 30, The PRESIDING OFFICER. Does the Eenator from Wiscon­ 1901, and for other purposes. sin yield to the Senator from Alabama? The Clerk read as follows: Mr. SPOONER. - Of co-uree. For sinking-fund office, under control of the Treasurer of the United States: Mr. PETTUS. I should like to ask the Senator from Wisconsin For clerk, Sl,tiUO; clerk, $900; in all, $2,500. to· give way for a motion, if he pleases. Mr. HILL. I move to amend by striking out the last word. I Mr. SPOONER. I will agree to anything the Senator from do this for the purpose merely of making a brief statement. I Alabama wants me to, except to vote against my convictions on a wish simply to call the attention of members of the House to the constitutional question. new Treasury statement put out this morning for the first time Mr. PETTUS. I am not asking you to do that, but I want you under the financial bill which became a law yesterday. I suggest to give way to a motion. to members that they may find it very desirable to preser>e this Mr. SPOONER. Indicate what it is. first copy of the new form of statement for comparative purposes Mr. PETTUS. It is to adjourn. during the weeks and months to come. I withdraw the proforma Mr. SPOONER. I give way. amendment. The Clerk read as follows: CIVIL GOVERNMENT FOR ALASKA-HOUR OF MEETING TO-MORROW, For engineer!s office: Record division: For chief clerk, $1,900; 2 clerks, at Mr. CARTER. Mr. President, I will ask the Senator to with­ $1,600 each; 2 clerks, a.t $1,400 ea.ch; 2 clerks, at $1,200 each; clerk, $720; 2 mes­ sengers, a.t $(00 each; computing engineer, $2,400; assistant engineer, "1,600; hold that m otion one moment for the purpose of making a motion 2 assistant engineers, at $1,500 each; 3 rodmen, at $780 each; 3 chainmen, at which I believe the Senate will assent to. $650 each; draftsman, Sl,200; inspector of streets, Sl,200; 2 assistant inspectors .Mr. PETTUS. I have not made the motion. The Senator of streets, at Sl,200 each; superintendent of streets, $2,000; superintendent of county roads, :1,500; superintendent of parking, ·I,300; assistant superintend­ from Wisconsin gave me leave to make the motion, and I will ent of parking, $900; clerk, SOOO; inspector of asphalt and cements, $2,400; in­ make it. spector of gas and meters, $2,000; assistantinspectorof gas and meters,$1,000; The PRE"IDING OFFICER. Does the Senator from Alabama assistant inspector of gas and meters, $720; messenger. $!8(); inspector of sew­ yield to the 8enator from Montana for a moment to make a request? ers. SI ,200; superintendent of sewers, $2,4UO; general inspector of sewers, 1,300; 2 assistant engineers, at $1,500 each; draftsman, $1,200; leveler, $1,200; Mr. PETTUS. Certainly. 3 rodmen, at 8780 ea.ch; 3 chainmen. at $6.50 each; clerk. Sl,200; 2 clerks, a.t Mr. CARTER. With the Senator's permission, I ask unani­ Sl.000 each; 2 inspectors of property, at $936 each; Z sewer ta.p_pers, at $1,000 mous consent that when the Senate adjourn this evening it ad­ each; permit clerk, Sl,200; assistant permit clerk, SSW; in all, $(>1,972. journ t~ pieet at 10 o'clock to-morrow mornjng for the purpose of Mr. GROUT; I offer tlle amendment which I send to the desk, proceedmg at that hour and until the hour of 12 o'clock with the to correct a clerical error in the text. 2940 CONGRESSIONAL RECORD-HOUSE. MARCH 15,

The Clerk read as follows: Mr. BELL (reading)- · In lines 16and17, ~age 5, strike out "2 clerks, at Sl,400 each; 2" and insert This salai:y ~ntinued ~be paid to the prll:1ci~al until January, 1897, when 20 th_e tb~n prmci~al was assigned to other.duties rn the school s:ystem, taking ~~~ ;!:~~g~~~~d~?e'd\~~~~ 1:i:~t1;ii:~~~~~~f ~g,~~ E~~~eN:1•!ine • with hrm the said salary. At the same time tne present p1·incipal, who was the h ead of the department of history and political economy, was receiving The amendment was agreed to. ·1,500, and when assigned to the position of 1)rincipal retained the same sal­ The Clerk read as follows: ary, it being impossible to increase his salary owing to the practice of Con­ gress to appropriate the salaries of school-teachers in groups and at fixed For cleaning snow and ice from cross walks and gutters, etc., under the amounts. ln the meantime the school has increased to three times the num­ act approved March 2, 1895, Sl,000. ber of pupils which it had when the salary was fixed at $2,500. It has now Mr. ALLEN of Mississippi. I move the amendment which I four courses of study instead of the original two, three of which run for a period of four years mstead of two years as at the beginning, while the num­ send to the desk. ber of teachers has increased to 4.Q. The Clerk i·ead as follows: . 2. During the J?.~!'iod from 1882 to 1807 the salary of the prin<'ipal of the On page 19, after line 6, insert: high school was $500 more than the salaries of the supervising prmcipa1s of "That hereafter, when any street railroad company or corporation or any the grade iichools. Since 1897 the salary of the principal of tbe hiah school steam-railroad company owning or using tracks in the Distnct of Columbia has been $50(1 less than those of the supervising principals, although the work shall cause snow removed from said tracks to be piled, banked, or ridged upon has increased constantly during the period. any portion of any paved street or other highway in said District, it shall be 3 . .From 1882 until 18tl7 the salary of the principal at $2,500 was $1,000 more the duty of such company to immediately commence the removal of said ac­ than the salary paid to any other teacher in the school. At the present time cumulations, and to complete such removal within twelve hours after such there are several other teachers in the school receiving tho same salary as accumulations have been made." · that paid to the principal, although they have none of the responsibility for the management of the institution. The amendment was agreed to. 4. A comparison of average S9.laries of high-school principals in this and The Clerk read as follows: 37 other cities (ranging from $1,800 to $5,000) presents the following condition: For five principals of high schools, at $1.600 each. Average in 19 New England cities------·------·------··-·------$2,5:36 Average in 8 Middle a'lld South Atlantic cities ______------·-···------2, Sta Mr. BELL. I desire to move an amendment, to strike out lines Average in 10 Central Western cities ______-----·------·---·--·---- 2,640 12 and 13, page 23, and insert in lieu thereof the following: Average in 37 cities given above.----· ______------__ .. ---·-·---· ---- 2. G4.8 Salary of principal of Central High School, Washington, D. C---- ·----· 1, 500 "For the principal of the Central High School $2,000, and four . This is also the average salary paid to all the principals of the high schools principals of high schools at $1,600 each." m.Washington, excluding the principal of the Colored High School, who re­ Mr. GROUT rose. ceives $1,8~ a year. and did, UI> to April, 1899, receive $2,000. Mr. BELL. I hope the gentleman will withhold his point of 5. The salary of the principal of the Central High School is now $1,500J..!'.hile ~ha~ of tho janitor of the same school fa $2,000. Out of his salary of ,uw the order for the present. Jarutor pays for his h elp between $000 a.nd S'i'OO, leaving him practically the Mr. GROUT. I rise to make a point of order on the amend­ same amouut as that receiveq by the principal of the school and considerably more than many of the teachers in the school. ment. 6. The following is a statement of the enrollments, courses of study, and Mr. BELL. I wish to be heard for a moment. salaries of prmcipals of the several high schools in this city: TheCHAffil\IAN. Thegentlemanfrom Vermont[Mr. GROUT], as the Chair understands, i·eserves the point of order. E~~~- Sal~y.of Mr. GROUT. Yes, sir. High school. Courses. October prmc1- Mr. BELL. We have in the city of Washington five high schools. l89!J. ' pal. We have one high school known as the Business High School, with one grade; we have a colored high shool with three grades; two Central -·----•..... --···· --···· •...•••. --..•. --···· 4 1,067 $1,500 ordinary high schools with two grades, and the Central High Ea.stern _..•...... •....••..... ----·--· .... ------· 2 511 1,500 School with four grades. The Central High School has an enroll­ 2 895 1,500 ment of 1,067 pupils. The principal has under him 20 teachers. :u~~~: ::::: :::::: ::::::::::::::::::::: :::::::::: l &i5 1,500 He is worked long hom·s. He is there early in the morning and Colored • __ . __ .• ---· ••.... ------____ ------______3 678 *1,800 late in the evening. l have inquired of members of this House, including gentlemen on the subcommittee, and they are unani­ *Was $2,000 before April, 1899. mous in the view that to allow to a principal of such a school as 'l'be p_ro~osition to make the salary of the p1·incipal of the Central High School ~.ooowas submitted to the Commissioners of the District by the trus­ the Central High School a salary of only $1,600 is a reflection on tees and superint~ndent of the public schools because of the amount of work the school, as well as a reflection on the body that authorizes it. demanded by the position, the large number of pupils in the school, and the Mr. BROMWELL. I am interested in this matter, having spent complicated :work of its programme in runni?gfour !iifferent courses of study through .their severa~ y~rs. At the same ~rme no mcrease was proposed in nearly twenty years of my life in teaching in the high schools of the salaries of the prmC1pals of the other high schools. A moment's consid­ my city. I wish to ask whether tlie principal of this high school eration will readily convince the honorable gentlemen of Cong-ress that th~ estimate submitted by the imbcommittee on appropriations, m which it is has to instruct in any of t.he branches of high-school study as well proposed to pay to the principal of the Western High School, which has only as to supervise the teachers, etc. 395 pupils and two courses of study, the same amount of money as is to be Mr. BELL. Yes, sir; in addition to being the principal he is given to the principal of the Central High School, with nearly three times as instructor in history. many pupils and twice the number of com·ses of study, is manifestly unfair. Mr. BROMWELL. How much of his time is given to instruc- ~;':!~~~ proposes a salary of 1,600 for the principal of each of the high ~~ . The CHAIRMAN. The time of the gentleman has expired. Mr. BELL. I do not know the exact amount of time, but it is Mr. DELL. Now, Mr. Chairman, I will ask time enough to probably half the time that he devoted to instruction while a finjsh this statement. · teacher. The history of the matter is this: The gentleman who The CHAIRMAN. How much time does the gentleman ask? served before him as principal got $2,500; that was the salary fixed Mr. BELL. Five minutes. for the principal of this high school. Mr. Hughes, the present The CHAIRMAN. Is there objection to the request of the principal, was teaching a class in political economy and a class in gentleman from Colorado? (After a pause.] The Chair hears history, and was getting for instructing in those two clases $1,500 none. per annum. The former principal of the high school was elevated Mr. BELL (reading)- t-0 one of the higher offices in the school. The Committee on the ! respectfully request a more thorough consideration of the matter last District of Columbia then appealed to Congress to make the sruary mentioned by the members of C-0ngress than seems to have been given by the of 1rlr. Hughes, the present principal, $2,000. gentlemen on the subcommittee on Appropriations, who submitted the esti­ This has been done for two succeeding years without mention­ mate of Sl,600 instead of the $2,000 proposed by the Commissioners of the D.iS­ ing any other raise whatever in these different high schools, as I trict of Columbia.. am informed. Now, Mr. Chairman, I am sorry that the chairman of the sub· We failed to agree to the proposition. The bills went to the committee feels disposed to raise the point of order to this motion Senate, and the Senate at two different times, I believe, has put or amendment. He knows that if this is not competent that his it on; but in the conference committee it has been knocked out. amendment or his entire scheme is subject to a point of order; Now, the policy of our subcommittee, which was not considered and it seems to me, while I do not believe it is subject to a point thoroughly in the full committee, was to make all these principals of order, that it is not with becoming grace for anyone in charge receive salaries of $1,600 each. It gives a principal who has two of an appropriation bill to bring in matters that are subject to a gra.des only and a few teachers under him the same salary that it point of order, when a member of the committee moves to amend gives a principal who has 20 teachers and almost three times the his incompetent matter, to jump up and say," I raise the point of number of pupils. Now, going further, I have a statement that order." Now, the gentlemen on the subcommittee have attempted was prepared by one of the principals and taken from the hearing to take away from the District of Columbia this entire matter before the committee largely, ·as follows: and to reduce the colored principal from $1,800 to $1,600. They 1. When the High School was established in 1882 it had 400 pupils, 13 teach­ raise all of the principals from $1,500 to 51,600. · ers, and two courses of study, each of two yea.rs. At that time the salary of When a member of his committee, upon investigation, finds that the principal was fixed at $2,500 per annum. the salary of one principal should be raised a little higher than The CHAIRMAN. The time of the gentleman has expired. the committee raised it, then, because he does, he meets this with Mr. BELL. I desire a little more time. I ask that I may have a point of order. This is not altogether becoming, in my judg­ five minutes more. ment. Now, sir, I say that it is not subject to the point of Ol'der There was no objection, at all; that in this case, while it is not subject to the point of 1900. CONGRESSIONAL RECORD--HOUSEQ 2941

order, I think, even if it were, when my friend from Vermont fMr. BELL.] approached me in the matter, that upon that state of looks the thing in the face, he will withdraw his point of order facts, in my judgment, the point of order would not be well taken. and let the House vote upon the subject. It seems to me clear that it could not be argued that it would be Now, this has been before Congress twice before. It has gone out of order to change the amount proposed by the committee, to the Senate and been put on the bill there twice before, and it which is in itself a change from the former appropriation, by put­ went out in conference, evidently through the influence of these ting it at $1,700 or, as in this case, $2,000. same gentlemen. If it goes on here now it will pass the Senate Mr. BROMWELL. Will the gentleman yield for a question? and become a law. If it is struck out here and goes to the Senate Mr. RICHARDSON. Certainly. and it is put on again, the same men on the committee will insist Mr. BROMWELL. Is not this really the point of order that is that it go out, and then we have the incongruous condition of the raised by the chairman of the subcommittee: The committee greaterburdenandresponsibilitygetting thesamesalaryandcom- having, in violation of the law of the House, changed the salary pensation as the smaller ones. There is no system about it. It is from 51,500, as it was in the last appropriation, to 61,600 in this utterly foolish, in my judgment, to say that a man who has the bill, he now objects to having the committee proposition amended responsibility of controlling and looking after 20 teachers and look- by raising the salary to S2,000? ing after 1,065 pupils shall receive no more salary than the man Mr. RICHARDSON. Yes; that is his proposition. who looks after 18 teachers and 320 pupils. Mr. BROMWELL. In other words, he is raising a point of Mr. GROUT. Mr. Chairman, we have listened to a speech by order against amending the change of existing law reported by bis the amiable gentleman from Colorado [Mr. BELLl, not on the own committee. point of order~ but in support of his amendment. He has occu- Mr. RICHARDSON. The gentleman is expressing it more hap- pied fifteen minutes by the indulgence of the House, and during pily and clearly than I did. a portion of that time he has upbraided the member of the Com- Mr. BELL. I want to suggest this: My understanding is that mittee on Appropriations who raised the point of order on his this is the first time that Congress ever attempted to tix these amendment. Now, it will occur to the average member here that salaries, that heretofore it has been left to the school officials them­ the gentleman is at least off in one of his contentions. He said selves to fix them. it was unbecoming that a member of the Committee on Appro- The CHAIRMAN. That raises another question, if the gentle· priations should make this point of order. I submit that on his man is correct in his statement of fact. The Chair has taken the own statement it is quite as becoming as it is for a member of t t t f f t b ·tted b t.h tl f t t b •tte A · ti t t th b. t d s a ;emen o ac su mi y e gen eman rom v ermon o e the Co mmi . e on ppropria. ons o agre~ o e i 11 as repor e correct. • to the Ho~se and ~hen come m a_nd attack i~. . Mr. BELL. Well, I was taking it from the report. Mr•. Chairman, Just one. word m explan~tion of the ac~on of the The CHAIRMAN. The Chair has not looked up the law, hut he co:r;rim1ttee, and then I will take the ruling ?f the Chair on the assumes that the gentleman from Vermont is correct. pomt. of order. . . . , Mr. RICHARDSON. Under the last statement of the gentle- ThIB wh?le. question of the.salan!3s o~ te~chers and the conduct I man from Colorado, it would be very manifest that this point of of schools IS Just now under mvestigat10n m another place. The order would not be aood people are not entirely satisfied with themanagementof the schools. t> • • Complaint is made of this officer, thatofficer,and theotherofficer, Mr. BELL. Well, I have not looked at the law.. The report of and the Committee on Appropriations, to whom these applications the gentleman from Ver~ont to the gen?ral committee was th~t for increases of salaries were addressed, thought it best to leave they had adopted 3:n entirely ~ew_plan, that they had taken it them all as they were, excepting the salaries of these high-school ~way froi;n the officials of the DlBtrict, and that that was the ob- principals, pending that investigation, and have done so. Ject of this new move. . Now, the gentleman from Colorado [Mr. BELL] comes in with Mr. RICHARDSON. Then you clearly have the right to offer his amendment, asking that the salary of the principal of the Cen- an amendment to that.. tral High School be raised from $1,600, the sum reported in this Mr. BELL. Accordmg to ~he report of the g~ntleman from bill, to $2,000. That, ::M:r. Charman, is clear1y subject to a point Vermont t? .the general co~ittee, the law was bemg changed by of order. This is not a salary fixed by any specific statute. It is the proposition of the ~mmittee. . . fixed only by the last appropriation bill. This is a change of that . Mr. GR0"9"T. There IS ~ot a change of ~alary proposed m tp.is salary and so is subject to the point of order. Without further bill ex<;iept m the caee wh1c~ I have mentioned of the reduction arguing the proposition, Mr. Chairman, I am ready to take the from e:ghteen hundred to sixteen hundred, They have always ruling of the Chair. had this salary before. Mr. BELL. Now, Mr. Chairman, I wish to say that this is not Mr. BELL. Have you not. reduced the salary

Mr. ALLEN of Mississippi. I should like to ask the gentleman In the intermediate schools the principals get $2,100, and in the from Tennessee a question. district schools, the lowest grade of schools, they get $1,900 as a Mr.RICHARDSON. Yes. maximum. It does seem to me that where we spend so much Mr. ALLEN of Mississippi. Where does the gentleman get his money for all sorts of purposes, with a high-school principal with parliamentary precedent for the idea that because the committee four years' course and so many different studies, with 30 teachers propose to change the law it necessarily authorfaes somebody to supervise, and eleven or twelve hundred pupils-it seems to me else to do it? we ought to pay him as much as .two-thirds of the salary which Mr. RICHARDSON. Why, Mr. Chairman, by all kinds of rea­ we pay a Department clerk who has no responsibility, has fixed soning. If it be assumed that former appropriation bilJs fixing this hours, and does nothing but clerical work. salary at $1,500 establish a precedent, then if the committee come The custom has been in all this cutting down of expenditures in and propose to fix the salary at $1,600, that is a change of law. to go to the poor teachers and say," Here is a good place to com­ Mr. GROUT. That has been explained already. But this is mence to make a cut." Now, I do not know this principal, but if not the first time Congress has fixed the salaries of these teachers. he is not fit for the place, if be is not fit for principal of the High They have been fixed at $1,500 a year right straight along. These School in this city, where many of our own children, as well as all salaries have not been designated as applicable to these teachers, the residents of the District, are instructed; if he is not a compe­ but that has been the fact. There is no question on that point. tent man to earn a salary of $.2,000, then I say get another one These teachers have received these salaries, and Congress has fixed that is. - them year after year. The position itself is entitled to at least that much consideration. Mr. RAY of New York. Mr. Chairman; if the gentleman will :Mr. SIMS. Is it not a fact that throughout the entire country permit me, for information of the Chair I want to say that I have schoolteachers and college professors are paid less, in proportion the last appropriation bill here before me for another purpose, and to the benefits confened by them upon the community, than I will call attention of the Chair to what that act is, if he so desires. members of any other profession? The CHAIRMAN. The Chair would be glad to hear the gen­ Mr. BROMWELL. Considering the amount of preparation tleman. necessary, the mental equipment, and the re!:!ponsibility, I venture Mr. RAY of New York. The act says," For1,179teachers, to be to say that ho class of men in this country are more poorly paid assigned as follows: For 1 at $2,500, for 11 at $2,000 each," and than the teachers of our public schools. then it goes on and specifies for so many at such a sum, for so Mr. SIMS. And other schools; professors in colleges, etc. many at such a sum, without fixing a definite amount for any one. Mr. BROMWELL. I will include the other schools as well. The CHAIRMAN. And without fixing a definite amount for Mr. GROUT. The committee went over this question of teach- principals? ers' salaries very carefully. There was an application for the Mr RAY of New York. That is it. increase of salarie&, not only of these principals of high schools, Mr. GROUT. Will the gentleman read the next paragraph, but of the supervising.principals of the other schools, and also of where it says 5 teachers, so much? other teachers. This list of cities carrying higher salaries than Mr. RAY of New York. What is under consideration? are carried here for certain classes of teachers, which has been The CHAIRMAN. For 5 teachers, or 5 principals of high submitted here by my colleague on the committee, the gentleman schools? from Colorado [Mr. BELL], was submitted to the subcommittee. Mr. RAY of New York. For superintendent; I do not see The committee looked this business all over carefully, and in "principals" mentioned. · doing so they sought to ascertain the average amount of rnlaries Mr. GROUT. ·Mr. Chairman, if the gentleman from New York paid in this city as compared with the average of those paid in will excuse me, as I stated a moment since, they are designated as other cities which were brought to our attention. "principals of high schools" here for the first time. In the former We found that of twelve cities there were five in which the bill the appropriation was for" teachers," and he is reading from averag6 of teachers' pay-the average salaries paid to teachers­ last year's bill. was less than the average of those paid in this city, although cities ·The CHAIRMAN. The Chair understood the gentleman from have been cited here where certain teachers are paid high6r sala­ Vermont [Mr. GROUT] to say a while ago that this provision here ries than are allowed to teachers of corresponding positions in this did not change existing law except as to amount. Now, the gen­ city. In seven of those cities the average salary was more. Now, tleman from Vermont says that the prior appropriation bill did this furnishes something like a fair test as to whether this com­ not specifically provide for principals of high schools. mittee is allowing rational salaries to the teachers of this District. Mr. GROUT. It did not contain the word "principals;" it The committee may not be willing to pay the major-generals quite designated them as " teachers." as high as they are paid in other localities; but this city does not Tb.e CHAIRMAN. The Chair thinks, then, that designating suffer under the scandal that has arisen in certain other cities, them as principals is a change of existing law. It is a new provi­ where the higher salaries of certain classes of teachers have been sion; and if it is a new provision, which the Chair did not under­ cited, and where they complain of very low salaries to the ordi­ stand when he· ruled before, then the amendment offered by the nary teachers. The salaries here are graded so that they average gentleman from Colorado [Mr. BELL], if germane, would be in up exceedingly well as I have shown. · order, and· thereafter somebody might raise the point of order on The gentleman from Ohio [Mr. BROMWELL], a resident of the the whole provision. city of .Cincinnati, has refened to the salaries paid to teachers in Mr. GROUT. Very well. his city. I have the figures here; and the ealaxies of teachers in The CHAIRMAN. The Chair thinks, on the present statement his city are only about $100 more than in the city of Washington. of facts, the amendment offered by the gentleman from Colorado Mr. BROMWELL. May I say to the gentleman that there has rMr. BELL] is not out of order. The Chair, therefore, overrules never been any complaint in the city of Cincinnati on the part of the point of OTder, and the question is on agreeing to the amend- the public or of the teacherRwhoreceive those low-grade salaries, ment offered by the gentleman from Colorado. . · as to the principals of our high schools getting $2,620. There is Mr. BROMWELL. Mr. Chairman-- no complaint and no scandal. The CHAIRMAN. For what purpose does the gentleman rise? Mr. GROUT. I did not refer to Cincinnati as furnishing any Mr. BROMWELL. To speak to the question here. scandal in this matter. But I do recall a newspaper discussion a The CHAIRMAN. The Chair will hear the gentleman. year ago on the subject of teachers' sala1·ies in the city of New Mr. BROl\fWELL. Mr. Chairman, I know very little or York, calling attention to the very low salaries which the teachers nothing about the man·agement of schools in this city, but I am of the lower grades received-ridiculously low. familiar with the management of schools throughout the country, Mr. CLARK of Missouri. Has the gentleman paid any .atten­ and probably no member on the floor has had more experience or tion to the condition of the schools themselves here? a. longer term of service or an experience of more variety in high Mr. GROUT. Have I been to school here? No, sir. schools than I have had. Mr. CLARK of Missouri. What I wanted to know was whether It seems to me that the salary proposed for this position, the po­ you or your committee had given any attention to the curriculum sition of principal of the Central High School, is utterly inade­ and the methods of teaching in these schools? Does that matter quate to the duties he ought to perform, whether he does perform fall within the purview of your committee? - them or not. The position itself is entitled to a higher grade of Mr. GROUT. No; we have not undertaken to examine into that salary than $1,500. Even the assistant teachers, with no respon­ question. A committee at the other end of the Capitol is doing so sibility of superintendence, in our ordinary common schools and now. That question was not presented here. intermediate schools in great cities, are paid at least $1,500 a year, Mr. CLARK of Missouri. I am glad to hear somebody is giving while the average salary paid principals of the high schools in all attention to it. the great cities of the country will run as high, by the table prepared Mr. FITZGERALD of Massachusetts. The gentleman will by the gentleman from Colorado, as $3,000 a year. allow me to inquire whether a schedule of the teachers' salaries In my own city the high-school principal receives $2,620, and in Boston was before his committee? they have not over 10or12 teachers to supervise. The hours ai·e Mr. GR-OUT. Yes, sir. And I will say, in reply to the gentle­ from 8 in the morning until 2 in the afternoon, one session. In man, they are the highest in the whole country. none of these schools is there over eight or nine hundred pupils. Now, one word further on this question of salaries. Thel"e 1900. CONGRESSIONAL RECORD-HOUSE. 2943 is no doubt that in these cities to which I have referrea. there is Mr. GROUT. Yes; but not necessarily more work. some exti·avagance with reference to salaries of teachers. The Mr. BROMWELL. Now, I would like to ask the gentleman, board of school supervisors or managers will fix the salary for if that is true, with this great discrepancy in the number of teach­ some favoritewho is in a particular position, and then the admin­ ers and in the number of pupils, whether it is correct, as the gen­ istration changes, he goes ont, and another teacher comes in to tleman says, that if this salary is increased to $2,000 it becomes enjoy the salary. It is notorious all through this great Republic absolutely necessary to increase the others? of ours that there is no place where the school district committee The CHAIRMAN. The time of the gentleman from Vermont does not sometimes employ some member of his own family to has expired. teach, a fact which will illustrate the kind of favoritism that Mr. BROMWELL. I should like the gentleman to have a few creeps into these schools in many instances. Now, here this sub­ minutes more to answer my question. ject is wholly removed from all these considerations. The CHAIRMAN. Unanimous consent is asked that the time The committee undertook to consider this subject and give a be extended. Is there objection? fair grade of salaries-fair average salaries-to the teachers of There was no objection. . the District. They believe that t he allowances they have made Mr. GROUT. Now, Mr. Chairman, the question which the are fair and reasonable: and while it is true that some of the gentleman from Ohio has asked me is a fair question, and I will major-generals do not command so high a rate as the principals try to give it a full answer. This man only puts in his time. The of high schools and supervising principals do in some other cities, time he takes in supervising other teachers he is not giving to the it is true that we are paying t he average teacher in Washington instruction of classes. He only puts in his time. I see the gentle­ a higher rate than he receives in many others of our cities. man from Ohio is about to rise, and I suppose he is going to ask It is true, as this committee believes, that more exact justice is me if this gentleman does not stay there late in the afternoon. being done to all the teachers in this city than in any other city Mr. BROMWELL. No; the gentleman isnotaverygoodmind in the country. This city ought not to furnish an example of high reader. The question which I am about to ask him is this: A salaries in schoolsorin the District service, because the eye of the .teacher who only gets $600 a year puts in her time, and a janitor whole country is upon it. who gets less than that puts.in his time, and you make a differ­ The CHAIRMAN. The time of the gentleman bas expired. ence between a $600 teacher, who has one room, and a supeTin- · Mr. GROUT. I should like five minutes more. tendent, who has supervision of a large number. You IUake a The CHAIRMAN. The gentleman from Ve1·mont asks five difference between the teacher and the janitor. Now, why not minutes additional. Is there objection? make a difference among these principals of high schools if their There was no objection. duties differ? Mr. GROUT. Mr. Chairman, the committee looked into this Mr. GROUT. Mr. Chairman, thecommitteecouldnot see why, business carefully. They had this whole crowd of applications because one of these principals had a few more tea-ehers to supervise upon their hands for increases of salary. It is not confined to the or a few more scholars, he should have a higher salary because of teachers. It extends to almost every clerk and employee in the that fact unless his service was intrinsically more valuable than District. And while the committee wanted to proceed conserva­ that of the principals who had fewer teachers to supervise and tively with reference to this question, they at the same time felt fewer pupils to look after. The responsibility of course is greater they were proceeding liberally. They did conclude to raise the in a certain way, but the man only puts in his time the same as salaries of these principals of the high schools a hundred dollars Miss Westcott at the Western High School puts in her time, and each. and reported accordingly in the bill, excepting that the Miss Westcott feeds her scholars with a lunch, a 1-cent lunch, and principal of the colored high school, who had been receiving $1,800, she, in my judgment, is doing more for her school to-·day than was reduced to $1,600, the same salary as the others; and I am Principal Hughes. of the Central High School, is doing. free to confess, }Ir. Chairman, that possibly we did a wrong to This was the judgment of the subcommittee. I do not believe the colored principal, because in connection with that work I there was a doubt in the mind of any of the committee on this have since learned that he does other work also among the other point. Now, if you increase this man's salary, you ought to in­ schools outside of his particular school. creasethatwoman'ssalary. She has thesmallest numberofclasses Now. here is a proposition to raise the salary of this other man of any one of these high-school principals, and yet what I say is io s-a,ooo. If he is entitled to it every one of these other principals true. Mr. Chairman, I believe we will do about the right thing of the high schools are entitled to it, in my opinion. These teach­ to leave this where the committee left it after careful examina· ers came before us. The committee had a chance to measure them tion. That committee sought ·to discharge its duty fairly and up by asking questions and learning something of the work that squarely among these teachers and to the public. was being done by each of them. Mr .. CANNON. Mr. Chairman, I move to strike out the last Four of them were before us. The colored principal was not word. I only want to say a word about this matter. The ge!f tle­ before us, and it was the deliberate judgment of the committee man from Vermont [Mr. GROUT] is chairman of the subcommittee that this man Hughes was not entitled to more than the other that prepared this bill. The full committee agreed with the recom­ principals were. We have no need to call names, but. the com­ mendations of the subcommittee. The gentleman from Vermont, mittee were entirely clear on that point, and while there is an ap· with the other members of his subcommittee, have given the mat­ plication for this increase and a hint from various sources, not ter the careful attention that the subject deserves. The gentle­ from th~ teachers, that they should have to find other employment man is especially well equipped for this, because for one Congress elsewhflre if not granted. the fact remains that it was not disclo3ed he was chairman of the District Committee, and, in my judgment, to the committee that the schools have ever lost a single teacher has perhaps a fulle1· understanding of the District school system because the salary ·was not sufficient. No; they are ready and and the gonrnment of the District of Columbia than any other willing to stay and perform the service. man within my knowledge. Now, it was suggested that a former principal of this high I have no doubt that this man who holds this principalship is a school had $2,5QO. Yes, he had; but at the same time he not only very worthy man, but there are four or five others, and when you had charge of this same high school that this principal now has come to legislate and pick out some man and say his hair is red or charge of, whose salary they propose to increase, but he had super­ black or he is baldheaded, as the case may be, and that be is an vision of the other high schools. Then, in the management of exceedingly worthy man and therefore we should depart from the affairs, the board of trustees promoted him to be a director of the general rule and give him $400 more than we give the other prin­ high schools, and the committee have almost a suspicion that that cipals, it is not a very safe way to legislate. may not have been altogether necessary; but it was done, and he But, says my friend from Ohio [Mr. BROMWELL], does he not is now salaried at $2,500 to overlook these five principals. Now a supervise more teachers? Yes; but after all that js not the test, if proposition comes in for an increase of one of the principals to you will stop to think a minute. Does not the Secretary of the $2,000. I say to you, Mr. Chairman, solemnly, that if that man is Interior supervise ten times or twenty times the number of em­ entitled to the $2,000, the other three teachers are entitled to it. ployees that the Secretary of State does? Yes. Does not the Sec­ Mr. BROMWELL. I should like to ask the gentleman a ques­ retary of the Treasury supervise thirty times more employees than tion on that point. the Secretary of Agriculture? Yes. Therefore, should we double Mr. GROUT. Certainly. their salaries as compared with the Secretary of Agriculture? The Mr. BROMWELL. I understood from the statement made by truth is, you have got to keep your various systems along general the gentleman from Colorado [Mr. BELL] that the number of lines of policy, and when you depart from that you are apt to teachers which this principal of the Central School had to super­ breed trouble. It is true some man may do twice as much as vise and the number of pupils attending the schools is far in excess another. Some men in the House do three times as much as other· of the number of teachers and schools at the other high schools. men. Some men have better health than others, some have posi­ Mr. GROUT. That is true. tions where they have to work more than others, yet it would not Mr.. BROMWELL. And therefore that the task of supervision be contended for a moment that it would be good legislation to of this latger number of teachers and larger number of scholars pick out somebody-and increase his salary on that account. falls more heavily upon the principal of the Central High School Mr. WILLIAMS of Mississippi. ls it not the gentleman's ex­ than upon the others. perience whenever you make an exception in this way for a head 2944 CONGRESSIONAL RECORD-HOUSE. MARCH 15, of a bureau or a principal of a. school, or anything else, that it is The CHAIRMAN. The gentleman from Vermont asks unanl· just the first step for others to come up at the next session of Con- mous consent that the time of the gentleman from Mississippi gress and ask an increase? may be extended five minutes. Is there objection? [After a Mr. CANNON. Oh, yes; certainly. The truth is, whether in pause.] The Chair hears none. private or in public life, one individual is more competent than Mr. SIMS. Will the gentleman allow me to ask him a question? another, and if he hustles and gets along, he gets out of that place Mr. ALLEN of Mississippi. Certainly. and achieves another; and so it is better to have it the way it is J\Ir. SIMS. And that is, 1£ he does not think and does not know than to undertake to disarrange our general arrangement about that the superintendent of the public schools at Tupelo is getting salaries. too little pay for such a place in such a city? Mr. BELL. Will the gentleman yield to me for a question? Mr. ALLEN of Mississippi. No, sir; he seems to be very well Mr. CANNON. Certainly. . satisfied with his salary, and there are many other good teachers Mr. BELL. You are aware that this school has four grades and Iwho would be glad to take his place when he becomes dissatisfied. the others only two? I want to tell you gentlemen we do not want to become too broad Mr. CANNON. It is so stated, and I have nodoubtitiscorrect. gauged and liberal with the peop1e's money in the matter of sal- 1\fr. BELL. And this school has 1,061 pupils and 20 teachers, aries, and I want to notify this House now that if every man in when the number in the others go down as low as three? the public service or even in the capacity of teacher is to have his Mr. CANNON. That may be correct. argument presented through some friend on this floor, t here is no Mr. BELL. And the school board and the school authorities of limit of the time it would take us to dispose of appropriation bills the Disti·ict of Columbia have asked two different Congresses that and no limit to the amount of money that would be necessary to this special school be raised in consequence of the greater respon- gratify their requests. sibilities? The committee in making up this bill have been forced to refuse Mr. CANNON. Still the fact of submitting by estimate for in- a great many importunities for the increase of salaries. We crease of salaries is not very reliable. Take anywhere in thepnh- think we have done a good part by the public schools of Wash­ lic service, because of particular acquaintanceship, and all that ington. We have made a very large appropriation for the erec­ kind of thing. tion of sehoolhouses to relieve the congested condition of the :M.r. BELL. We ask it for the school and not for any one man. schools already in existence and to m ake it possible for all the Mr. CANNON. Take the UnitedStatesSenate. They.pay their children who desire to attend the schools to do so. I for one feel employees 25 per cent more than we pay ours, and they are fewer. more interest in seeing that all the children who desire an ele­ We pay ouremployees-becausewecomeincontact with them, we mentaryeducation shall have it than I do in the hjgh schools, that know them all-more than others are paid. are necessarily conducted in the interest of comparatively few, The CHAIRMAN. The time of the gentleman has expired. with their high-salaried teachers. Mr. CANNON. I think I have said all I want to say. Mr. BELL. What do you think of the salaries of members of Mr. ALLEN of Mississippi. Mr. Chairman, I want to indorse Congress? what the chairman of the Committee on Appropriations has just Mr. ALLEN of Mississippi. There are a great many of you here said. Gentlemen, you who do not have to deal with these appro- who are practically worth nothing and some few of us who would priations for salaries, it is very hard for you to appreciate the be cheap at 810,000 a. year. [Laughter.) The law makes no dis­ pressure brought to bear on the Appropriations Committee for the crimination between us; those of us who are worth big salaries increase of salaries and the fact that every employee of the Gov- have to serve right along beside you people who are worth noth­ ernment can get up an argument and show you why his or her ing. [Great laughter.] Thel'efore, sir, while I receive the same particular salary should be increased. I do not think there is an salary of certain gentlemen I know of in this House, I am not will­ employee in the District of Columbia who could not give you all ing to see a discrimination made between the teachers of the high the statistics as to what every other employee of like character in schools in the District of Columbia. every other place in the world is getting, and that seems to be a As suggested by my colleague a while ago, every one of these part of the civil-service education here. fLaughter.] high-school teachers made a splendid showing for an increase in And now I want to say a thing or two in indorsement of what their salaries, and every other teacher and everybody else. There the gentleman from Vermont, in charge of this bill, has said. In was scarcely an individual connected with the District of Colum­ Washington the Government of the United States is attempting bia that did not make a good showing from the standpoint as to to furnish a model for other cities of the world. We do not take why their salaries were too small. The other high schools made our lessons from them, we expect them to·take lessons from us. the same sort of showing; but I want to tell you what the effect We are not sitting here, where the people of the United States of this thing will be. It is, as suggested by my colleague, pro· away from Washington are paying half the expenses of this enor- posed to take one of them out of the class and make it $2,000. mous school system, to squander the people's money in salaries; Next year, before the committee making the appropriatio.n for we are endeavoring to give to the people of this city and those the District of Columbia, there will be the biggest raid you ever who are here temporarily a good school system with the least ap- saw to bring the other principals of high schools up to $2,000, that propriation consistent with a good system. this one gets. I want to tell you another thing. There is no other city where So, in order to equalize these salaries, we took one last year and a person can afford to work as cheap as in Washington. There is made it $1,500. There was one who was getting $1,400, and, as noothercitythatlknowofwhererentsarecheaper,wherechar- suggested by the gentleman from Vermont [Mr. GROUT], this ities ai·e better dispensed, with more hospitals and free hospitals, $1,400 teacher made more impression on us, on our committee, free schoolbooks, free libraries, free everything almost except food, than any teacher who was before it. Well, we equalized her last which you can buy as cheap here as you can anywhere else; and, year and put her up to $1,500. Then she came backthis year, still then, the other and greater educational advantages here of going making the favorable impression on the committee. I said, "Why, into the galleries and looking down upon this body occasionally. did we not do something for you last year?" "Oh, yes," said she. (Laughter.] Now, they have brought op a comparison between "you put me on an eqnal footing to give me an even start with the salary of this teacher of the Central High School and that of the others, and I want to go up with the others." This i·aid wa~ some other cities. They have pointed out where they get larger for all of them. · salaries; but let them goto the town of Tupelo, where civilization But we did what was not pleasant duty,Mr. Chairman. I want has reached its highest development [laughter and applause] , and to say to gentlemen on this floor what little Ike Thompson said they will find there the principal of the high school of the city about his ward. schools of Tupelo, who has helped to produce that great devel- The CHAIRMAN. The time of the gentleman has expired. opment, at a salary of one-third less than is now given to the Mr. GROUT. I ask that the gentleman from Mississippi have principal of a single school in the city of Washington. five minutes more. Many of you gentlemen who do not represent great cities, if The.CHAIRMAN. The gentleman from Vermont asks that the you will look around you, will find that you represent many more gentleman from Mississippi be allowed to continue for five min­ such principals. The principal of the Central High School here, utes. Is there objection? f After a pause.] The Chair hears none. whose salary is sought to be increased by this amendment, has Mr. ALLEN of Mississippi. The chancellor sent for Ike; he been very diligent in arranging his argument, the accumulation of had been summoned several times and had not appeared. The statistics, as to what the principals of other high schools get, and chancellor had him an-ested_for not reporting about the condition I have no doubt has been of much assistance to my friend the of his ward. Finally he said," On account of my said ward I gentleman from Colorado in the preparation of his great argu- have not received a cent. On account of my ward I have not paid ment this morning, because I had heard the same from the princi- out a cent, and if this court thinks it can take an orphan child pal himself before the subcommittee having in charge theprepara- with nothing and do better by it than I am doing, it is welcome tion of the bill. [Laughter.] He has been doing this work for to do so." [Laughter.] . 81,500 a year, and in order to equalize the salaries of the principals Now, this is no pleasant duty to have to hold down the people of high schools we raised his salary in this bill to $1,600. and the appropriations for the District of Columbfa. I think I The CH.AIRMAN. The time of the gentleman has expired. lknow, I think I can say for the other gentleman that serve on this . Mr. GROUT. I ask unanimous consent that the time of the subcommittee that made up the appropriation bill, that there was gentleman may be extended five minutes, never one in this House that wo1·ked harder, listened more pa• 1900. CONGRESSIONAL RECORD-HOUSE~ 2945

tiently to everything that everybody had to say, and tried harder Mr. BINGHAM. I do not know that we could do so in this bill; to do the right thing. It is rather a thankless job, and I fo1· one I have only desired to show that these teachers rn"Ceive a good, feel that if any of you can do it better than we have I would be fair compensation for their days of labor. glad to turn my part of the job over to you. After refusing nearly Mr. FITZGERALD of Massachusetts. Mr. Chairman, the all these application for increase of salary and making the ap­ members of the Appropriations Committee who have addressed propriations as appeare'cl to us to be most necessary, we still have the House during the last half hour have made some very happy a very large bill, and I hope that on this item this c~mittee will and ingenious arguments. The gentleman from Pennsylvania sit down on the discontented employee who, after having ex­ [Mr. BINGHAM] who has just taken his seat made the statement, hausted himself before the committee, brings his gr' vance into which I presume is correct, that the average pay of teachers in this House and takes up its time in the trial of his par icular case, Philadelphia is less than that paid to the W asbington teachers; because I pledge you, gentlemen, you need have n fear here of but I think if be wanted to make a fair comparison he ought to losing this most excellent man on a salary of $1,600 a year. make it between the rates paid to the principals of the high It is true that in my Congressional experience in voting on ap­ schools in Philadelphia and the principals of the high schools here. propriation bills to pay salaries fixed by law I have been forced to I contend that in no city of 50,000 inhabitants, let alone a city so vote for a good deal of extravagance. But in my legislative career, large and generous as the city of Philadelphia, is as low a salary extending now over a good many years, when I had a voice in as $1,600 paid to principals of .high schools. fixing salaries, I have done what I could in the interest of the The gentleman from Vermont a few moments ago paid a com­ people rather than the officeholder or employee. While I have pliment to the city which I represent in part, stating that the sought to avoid parsimoniousness I have sought, at the same time, city of Boston paid its teachers the highest salaries of any city in to avoid extravagance. My own impression is that in the main the Union. It deservedly takes the lead among American cities those who serve the Government are well paid for it. I know of in the matter of education. It enjoys that reputation not only in but one class of Government employees now who, I feel, are under­ the United States, but in all parts of the world; and it is able to paid for the work they do, and those are many of our fourth-class enjoy that reputation, because of the liberality of the salaries postmasters, who do not receive sufficient compensation, and I which are paid teachers it is able to get the best. would be glad to see them helped. · If the gentleman undertakes to tell us that it is proper policy to Mr. BINGHAM. Mr. Chairman, the average compensation of have the city of Washington grade salaries for the rest of the $695 for the teachers in the public schools of the District of Co­ United States, then I desire to tell him, knowing the sentiment of lumbia is a larger average than is paid· in the_ school districts of the people of my city, that Boston will never retrograde in this my city. No part of the District of Columbia appropriation bill movement. How, in the name of common sense, gentlemen of received fuller consideration before the subcommittee of the Com­ this House, do you expect to get good teachers in this District by mittee on the District of Columbia appropriations than the para­ paying the principal of a high school $1,600 and other teachers in graphs covering the subject of schools. proportion when every other city of the Union pays the principals Mr. BENTON. The gentleman will allow me to say that this of its high schools not less than $2,500? Mr. Hughes, at my request, while the bill was before the subcom­ There is not a city of 50,000 people and over in the United States mittee, made a careful calculation-it took him fifty minutes­ to-day where the principal of the high school is not paid at least and he said the average compensation of teachers here in this Dis­ $2,000~ yet. this more than billion-dollar Congress cries economy trict was not $690, but $784. when considering this class of workers. They talk about extrava­ Mr. BINGHAM. I made the calculation with the clerk of our gance, Mr. Chairman. Why, in this very appropriation bill a new committeeafewmomentsago; but I acceptthegentleman's state­ department is created, and I in tend to raise the point of order when ment. It strengthens my position, and I thank him. we come to the paragraph. It gives an electrical engineer $2,400 a The paragraphs in the bill covering the subject of public schools year, while the man who guides the destinies of the pupils in the have. been critically gone into by the subcommittee, and I think largest high school in the city, and is responsible for the standard our chairman is correct in all his statements. of education in that school, is asked to live upon a paltry salary I want to show what the school service in this District is in ac­ of $1,600 a year. tual labor on the part of the teachers and superintendent. The Mr. Chairman, nearly every day we are called upon here in the school hours are from 9 to 3, with half an hour's intermission for House to add new clerks at $6 a day. The clerks of our commit­ lunch. The vacations consist of what might be called thenational tees get $2,000 a year, and no objection is made to that, because holidays-six or seven under statute. There are ten days' vaca­ these men are valuable t.o the members in their districts. And tion for the Easter holidays; there are ten days or more vacation yet when it comes to the salaries of these men who have no politi­ for the Christmas holidays. There are in the year fifty-two Sat­ cal influence, because they have no votes in our respective dis­ urdays on which there is no school. There are three months of tricts, we cry "economy" and want to keep their salaries down. vacation during the summer-ninety-one or two days; and of Now, Mr. Chairman, as a member of the United States Con­ course there are fifty-two Sundays. Therefore the sum total-- gress, I am called upon to assist in legislating for the schools here Mr. RICHARDSON. On this subject of holidays I would like in the District of Columbia, and I want the children of Washing­ to ask the gentleman a question. I should like to know upon ton, as far as my vote is concerned, to get the best education that what principle holidays are given the school children here? Take, is possible. I think that the seat of the United States Govern­ for instance, the two weeks for Easter-- ment, the seat of the capital of the nation, can not afford to have Mr. BINGHAM. Oh, that is for health, I suppose. its children educated by second-class or inferior teachers, and I Mr. RICHARDSON. And if a national holiday occurs on do not say this is the case now, but will be very soon if we do not Thmsday, the universal practice is to suspend school from Wednes­ pay adequate salai·ies; and if we are going to continue that stand­ day untH l\fonday. ard, then I think it is about time for the United States Congress Mr. BINGHAM. I am not discussing that. to go out of business, as far as legislating for the schools of the 1.Ir. RICHARDSON. Why is that done? District is concerned. I believe when the principalship of this Mr. BINGHAM. I am simply undertaking to show the real school.was established, it called for the payment of $2,500 a year. labor performed by these teachers. That was a good many years ago. Mr. RICHARDSON. One other point, and I will not trouble The man who occupied the position at that time was such an the gentleman further. When it rains at noon the children are excellent man and had such high qualifications that he was called dismissed and told not to come back in the afternoon. to another duty and given a higher salary, and a man who occu­ Mr. BINGHAM. That, I suppose, is on the ground of health. pied a position at fourteen hundred or fifteen hundred dollars a The gentleman strengthens my position. year in one of the schools here went to take his place, and the sal­ Mr. RICHARDSON. I can not understand the principle on ary has been kept at this amount ever since. which two weeks' holiday are given at Easter. The gentleman asks why a discrimination should be made. I • l\fr. BINGHAM. I 'think they give ten-days for Easter

gentleman from Pennsylvania [Mr. BINGHAMJ, referring to the eral appropriation for electric lighting service. The Commission­ work of the principals, concluded with the statement that these ers came before us and asked to have these variQns. offices consoli­ men are paid pretty fairly for the time they are employed. Well, dated under the head. designated in the bill. The heading was as members of the House, we have three months in the short ses­ formerly "Telegraph-and telephone service." I wJll read from sion and about six months in the long session, making about nine the statement of Commissioner Wight before the committee: months. We commence at 12 o'clock noon and get through at 5 The CHAIRMAN. What is he called now? o'clock, and we have a good many holidays scattered all through Mr. WIGHT. Electrical engineer. That is the way we carry him on our the year, and, taken altogether, we have nine months, of about payrolls. The CHAIRMAN. What is he denominated in the bill elsewhere? twenty days in a month, or one hundred and eighty days in all, Mr. WIGHT. He is· not denominated anywhere else in the bill. for which we get 810,000. Does the gentleman think that it would Captain BEACH. He is an extra employee at present. be fair to say that we were pretty well paid here for the time we Mr. McCLEARY. He is employed and is paid? Captain BEACH. Yes; at this salary. put in? The CHAIRMAN. Now you ask to put him on at a regular salary? Mr. BINGHAM. I think we are. Mr. McCLEARY. Is there any reduction in the general appropriation in Mr. BROMWELL. I ask the gentleman from Massachusetts consequence? this question: Does not this princ1pal and the other principals of Mr. .WIGHT. No, sir; there is.no increase in his salary, but there are one the other schools have to live three hundred and sixty-five days in or two increases asked for. and there is one additional draftsman asked for. the year, no matter how many days they work? If the paragraph is really subject to a point of order, then throw Mr. FITZGERALD of Massachusetts. Of course they do. it out. - Mr. BROMWELL. Does he not have to pay rent and table But, Mr. Chairman, the committee do not believe that this is board and for clothing and every other expense during three hun­ subject to a point of order. Clearly the committee have a right dred and sixty-five days in the year? This gives him a little over to report appropriations for such persons as may be necessary for $4 a day. He is able to work at nothing else and he can not do the performance of the municipal service of the District. There anything out of the school hours. Does he not have to attend has never peen any question about that. It is an incident of the educational institutes at his own expense? Does he get any time power of the committee to appropriate as conferred by the orga:ric outside of the school hours? act. It has been held repeatedly in the Committee of the Whole - Mr. FITZGERALD of Massachusetts. What the gentleman that an Appropriation Committee reporting a bill has the power from Ohio has stated is true. No matter if the statement of the to report appropriations for the necessary administration of mu­ gentleman from Pennsylvania [Mr. BINGHAM] is true as to the nicipal affairs, giving such names to the officers as they may see fit. actual number of days' service put in in the schoolroom every Mr. FITZGERALD of Massachusetts. Did the gentleman make member knows that the principal of a high school is kept busy this point of order awhile ago, when the gentleman from Colorado in school and .out in school work, and in nothing else, from one [Mr. BELL] made a motion to increase a salary from $1,500 to $1, 600? end of the year to the other. Let us do justice to these men and Mr. GROUT. Is that the reason the gentleman makes this women on whom we depend so much for not only the education but point of order now? the training and development of our boys and girls. [Applause.] Mr. FITZGERALD of Massachusetts. I make it because there The CHAIRMAN. The time of the gentleman has expired. is here the creation of a new office. Debate on this proposition.is exhausted, and amendments are ex­ Mr. G RO CJT. There are no new offices created. This only hausted. If there be no objection, the pro forma amendments designates by name an officer who is to receive precisely the same will be considered as withdrawn, and the question will be on the pay he has received heretofore. It does not create a new office. amendment offered by the gentleman from Colorado. In the other instance the principle is different, because there an Mr. SIMS. I want to say a few words upon that amendment. appropriation bill had fixed a salary; it was a matter of law. The CHAIRMAN. Debate upon that amendment is exhausted. Here the appropriation bill has not fixed a salary eo nomine, but Mr. SIMS. I move to strike out the last two words. it has appropriated money out of which this payment is to be made. The CHAIRMAN. There are pending two informal amend­ It is not new legislation. ments, so that debate on that amendment is exhausted. Is there Mr. MAY. I desire to call attention to page 8 of the report of objection to the withdrawal of the proforma amendment? f After the committee in this case, where we find a comparative statement a pause.l The Chair hears none. The question is on the amend­ of the appropriations for 1900 and those for 1901, showing as the ment offered by the gentleman from Colorado. amount for salaries for 1990 $11,520, and for 1901 S2i,300. This, I The qutistion was taken; and the Chairman announced that the claim, shows conclusively that there have 1.Jeen appropriations noes seemed to have it. made in this bill for new officers. Mr. BELL. Division. Mr. GROUT. Of course, Mr. Chafrman, whenever the Appro­ The committee divided; and there were-ayes 23, noes 37, priations Committee are satisfied that the District service requires So the amendment was rejected. a clerk, it certainly does not require a specific act to authorize The Clerk read as follows: his employmfnt. The Committee on Appropriations have al ways reported matters of that kind in this bill. We have provided for ELECTRICAL DEPARTMENT. this office because it is essential to the administration of the mu- For electrical engineer, $2,400; superintendent of lamps, $1,000; superin· · · l ff · f th D. · It · h' b · h tendent of telegraph and telephone service, $Ui00; electrician, Sl,200; chief nic1pa a arrs o e istnct. ls upon t ls .'lSIS that t e operator,$1,200; chiefinspector,Jl~21l0; machmist,$800; 3telegraphoperators, authority is exercised. It is true that in this bill we have added a.t Sl,000 each; 3 inspectors, ~t ~:Ml each; clerk, $800; clerk, $600; 3 telephone a _clerk here and there. but not in half 01· one-fourth as manv op~~ators, at $600 .each; 3 assISt_a.nt tel~p]!_~ne operators, at $360 each_; driver, instances as has been estimated for. We have ruled out most $480, laborer, $180, expert repairman\ $000. 3 repairmen, at $720 each, 2 labor- th b d . th t• t ot ers, at $400 each; telephone messenger, $360; in all, $24,«0. ose em race In e es 1ma es. Mr. MAY. Mi·. Chairman, I rise to a point of order; it is that Now,

Mr. Chairman, these are all theappropriationsthatwerecarried the subject will be remitted to the old system, and that will be in the bill last year. These provisions that are now brought in as satisfactory to the committee. a part of this approprjation bill inaugurate new offices, no mention The CHAIRMAN. The Chair understands that the gentleman of which has ever occurred in an appropriation bill. It requires from New York [M:r. MAY] desires to modify his point of order an act of Congress for the inauguration of any additional office, so as not to include the items that have been carried in former and the gentleman from Vermont knows full well that this com­ appropriation bills and to apply it only to those items which have mittee or any other committee has no power to create additional not been carried in former appropriation bills. offices unless that power is previously conferred by Congress. Mr. GROUT. Well, Mr. Chairman, I insist that he shall do it Here we find in the telegraph and telephone service (electrical now, so that we may know where we are in the bill. department) for the fiscal year 1901: The CHAIRMAN. The gentleman from New York so modifies 1 electrical engineer (new) ------$2,400 his point of order, and as so modified the Chair sustains the point 1 superintendent of lamps (new) ------·------1, 000 of order. 1 superintendent of telegraph and telephone service ______------1, 600 Mr. GROUT. What does that exclude? The OHAIRMAN. That would leave in the bill the item for tt~~t~ri!i~\~~~~~ :::::: :::::::::::::::::::::::::::::::::::::::::::::: 1: ~ 3 telegraph operators, at $1,000 each; 3 telephone operat.ors, at $600 3 telegraph operators, at $1,000 •••••• ------. ------·--·--···· 3, 000 each; an expert repairman, at $960, and 3 repairmen, at $720 each, 3 inspectors, at $900 (new) ------· •• ---- 2, 700 1 clerk (new).------· ------. ------·---·· 800 and 2 laborers; at $400. Those are the items contained in the last 1 clerk (new)._. ____ . --- ·----- _------·------600 appropriation bill. The balance of the paragraph will go out on 3 telephone operators, at SOOO------·------·------· 1,800 the point of order. The Clerk will read. 3 assistant telephone operators, at $l60 (increase)------·----· 1,080 1 driver (new) _---- _------•••• 480 The Clerk read as follows: 1 laborer (new) • _. ____ ----· --·--·. -·------. ------· 480 Board of Children's Guardians: For the Board of Children's Guardians, created under the act a\>proved July 26, 1892, namely: For administrative 2 expenses, includin~ salaries of agents, not to exceed $2,400, ex~nses in plac­ i rEak¥s~!:~ :::::: :::::::::::::::::::::::::::::::::::::::::::::::::: • ming and visiting children and all office and sundry expen es, S7,000. 1 telephone messenger (new)------·---···------·-----·------· 360 For care of feeble-minded children, board and care of all children commit­ ted to the guardianship of said board by t.he courts of the District, aud for Total _------•.• ----. ----· ------· ··---· ---· ----·--- 24, 620 the temporary care of children pending investigation or while being trans­ 30 employees. ferred from place to place, $40,000: Prcmided, That the Board of Children's Guardians are hereby directed to contract with the Hart Farm School dur­ That is double the appropriations that have hitherto been made ing the fiscal year 1901 for the care and support of not less than 50 boys at for telephone and telegraph service. the rate of $210 each per annum. Mr. ALLEN of Mississippi. The gentleman is evidently mis­ Mr. RAY of New York. Mr. Chairman, against the provision taken. in this section commencing with "Provided" I raise the point of Mr. FITZGERALD of Massachusetts. Those are the facts, and order that it is in violation of Rule XXI, in that it changes exist­ I would like to see them disputed. In this connection I would like ing law and is new legislation. I have before me the last appro­ to call the attention of the House to Rule XXI, section 2, as applied priation bill relating to this subject, and there is nothing of the to this paragraph: kind in it. · 2. No appropriation shall be reported in any general appropriation bill, or Mr. GROUT. Mr. Chairman, if the gentleman raises the point be in order as an amendment thereto, for any expenditure not previously of order on this provision, I will say at once that it is, in my opin­ authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress; nor shall any provision chang­ ion, subject to the point of order, and I have not a word to say ing existing law be in order in any general appropriation bill or in any amend­ against it being sustained; but if the gentleman knew the good ment thereto. that this provision would accomplish, I think he would withdraw Mr. GROUT. Oh, Mr. Chairman, that provision is well under­ his point of order. If he makes it and insists upon it, we will not stood. But just a word about it applying to this paragraph. The spend a moment on the question, but will let it go out of the bill. gentleman claims that the committee has increased the expendi­ The responsibility is with the gentleman. ture of this department by designating their names or their em­ Mr. RAY of New York. In response to what the gentleman ployment in the appropriation bill. In almost every instance the says-that if I knew the good it would accomplish I would not sum has been decreased. For instance, electrical engineer, the make the point of order, and that the responsibility is with me-­ same price is paid. The electrician had received $1,250 a year and I desire to say that the Congress of the United States, through an he is now reduced to $1,200. Chief operator, $1,200. That is the appropriation, should not take money in this manner or under­ same. Chief inspector, who had received $1,250, is to receive take to take money in this manner out of the Treasury and apply $1,200. The machinists bad received $782.50. That, by the way, it in a way that will serve a private purpose. I condemn it, and I is a trifling increase to $800. Three telephone operators is the raise the point of order because the provision has that effect, as I same. Three inspectors the same. Then the clerk who received am advised and believe. I .raise the point of order because the 5782. 50 is increased to $800. There is an increase. Then another provision may permit what may be called a steal, or, more prop­ clerk, who received $636, is reduced $36, and left at $600. On evi­ erly, an unnecessary waste, of the money of the United States, and dence submitted it was believed by the committee that these I am prepared, I think, to defend that position if necessary. I changes, slight changes, should be made. · have my information from a member of the Board of Children's Now, Mr. Chairman, I want gentlemen to understand th~t sup­ Guardians. posing this paragraph of the bill goes out, because of designation Mr. GROUT rose. of their employment, they will be remitted to existing law, which The CHAIRMAN. Does the gentleman from New York yield head as follows. the floor? Now, the committee goes back to this system again and these Mr. RAY of New York. I do not yield the floor. I make that parties will all receive the same salaries except in the ca,ses already statement in response to the gentleman's remarks. I think he and indicated at the rate which I have given. I think in the aggre­ the commiti:ee are not fully informed of the truth relating to this gate there is a reduction in the expense rather than an increase of matter and the purpose for which the mandatory provision is the expense. asked. I want to say, Mr. Chairman, that I am advised that these For overseers, inspectors, and other employees temporarily required in con­ 50 boys can be cared for for about $90 a year less than is proposed nection with the sewer department, or at any work in the construction or by this proviso in institutions just as well conducted and con­ building of bridges, or jn any work authorized by appropriations, and all ducted by just as able men as would have charge of the expendi­ expenses incidental or necessary for the prope1· execution of such work shall be paid and equitably charged against the sum appropriated for such work, ture of the money if this compulsory direction or proviso is to be and the Commissioners of the District in their annual report to Congress shall carried out. · report the number of such overseers, inspectors, and other employees and I do not speak on my own knowledge, but I speak on the au­ their work, and the snms paid to each and out of what appropriation. thority of a member of the Board of Children's Guardians, which The CHAIRMAN. It seems to the Chair that this provision board is created by law, charged by law with the expenditure of contemplates the establishment of a new department in the Dis­ this money. I would like to be informed why it is that with that trict government, and to that extent is new legislation and ob­ board constituted by law for this purpose the Committee on noxious to the rule. There are certain items in this paragraph Appropriations has put in this bill an· absolute provision which that have l;>een provided for by former appropriation bills, and so reads: far as those items are concerned, they are not obnoxious to the That the Board of Children's Guardians are hereby directed t-0 contract rule; but the paragraph as a whole is. with the Hart Farm School dm·jng the fiscal year 1901 for the care and sup­ Mr. GROUT. Well, if the Chair will single those out and tell port of not less than 50 boys, at the rate of $210 each per annum. us what they are, we will let them go out. Let it be understood Why not drop that from the bill? that the Committee on Appropriations is not strenuous about this The CHAIRMAN. The time of the gentleman has expired. business. They acted in good faith and as they thought was in the Mr. RICHARDSON. I want to ask the gentleman if I under- best interest of the public, and they believe now, notwithstanding stood him to characterize the appropriation in this item as a steal? the ruling of the Chair, to which, however, I take no appeal, it is Mr. RAY of New York. I characterize it not as a steal, but entirely within the scope the committee has constantly exercised said it might be such in its operation. I do not charge the Com­ in making these appropriations. Let the paragraph go out, and mittee on Appropriations with knowledge of the facts. I do not 1900. CONGRESSIONAL RECORD-HOUSE.' 2949 think the committee -understands the facts as -they have been Mr. GROUT. Mr. Chairman, I ask for five minutes more, in stated to me. · which I want to find out what the gentleman means. Mr. RICHARDSON. Did I understand the gentleman to say The CHAIRMAN. The gentleman asks that his time be ex­ this appropriation was a steal? tended five minutes. Is there objection? [After a pause.] The Mr. RAY of New York. l stated hastily that it might operate Chair hears none. as a steal and an unnecessary waste of the public funds of the Mr. GROUT. A reformatory institution is one that takes a United States. I was hasty and not justified by any fact in mak­ person who is out of square morally and tries to make him square mg the statement, and I now withdraw it and apologize to the morally. committee. Mr. RAY of New York. Oh, no; that is general. You refer to Mr. RICHARDSON. I understood the gentleman to say that the Hart Farm School as a reformatory institution? the appropriation in that item was a steal. Mr. GROUT. I do. Mr. RAY of New York. I did not mean to say that it was. I Mr. RAY of New York. Let me ask, does not the gentleman hastily spoke, and only meant that in its effect it might operate as know that that farm is not an institution-that it is simply a farm an unnecessary waste of the moneys of the United States. All owned by an individual? • beyond that I withdraw. Mr. GROUT. Yes; certainly. Mr. RICHARDSON. Well, that is a matter for the committee Mr. RAY of New York. The gentleman called it an institution. to answer, not for me. Mr. GROUT. Yes; but call it a farm. It is a farm school. Mr. GROUT. The gentleman has very materially modified his As I have said, one of these boys had gone through the police proposition. Mr. Chairman, I am simply astonished at the state­ court twenty times. Now, he has been there-the length of time ments of the gentleman on the floor. It seems to me that in the I am unable to state-but, ten or twelve months, and he is now so frank discharge of his duty, if there was a provision in this bill far reformed that he is trusted to go wherever he will with the that might operate as he stated, he should have called the atten­ other boys and shows no desire whatever to escape, but is man­ tion of the committee to it in some way. ageable and obedient; in short, is fast becoming a good boy. The Mr. RAY of New York. ''The gentleman from New York" has boys are all at perfect liberty to go and come as they chose, and called the attention of the chairman of the Committee on Appro­ yet for the last eight months there has not been an escape from priations to the fact and has stated to him his intention to raise the institution; not a single boy has sought to get away. this point of order. . Now, the reason why$210 is not an extravagant price is because Mr. GROUT. You mean the gentleman from Illinois [Mr. they are a hard lot of boys that have gone through the police court CANNON], I suppose. and gone down there for reformation. Professor Hart, I believe, Mr. RAY of New York. I understand he is the chairman of is a philanthropist from the bottom of his heart. He wants to the Committee on Appropriations. Mr. CANNON is the gentleman build his race up into knowledge and respectability and into moral to whom I refer. standing before the world; and he has put every dollar he has in Mr. GROUT. Then you should have made it more specific, be­ the world into this farm, and has got these boys about him, hav­ .cause it might be inferred that, as I am the chairman of the sub­ ing arranged with the Board of Children's Guardians to have them committee, the gentleman from New York was referring to me. sent to him. _ Mr. RAY of New York. I did not in"tend any such thing. I As an illustration of the effect of the management upon these referred to the chairman of the committee. boys, it fell out-was, in fact, so stated by the superintendent of :Mr. GRO GT. This is the first syllable of this that I have heard charities to the committee-that Christmas time these boys were all from any source, and I say the gentleman from New York should provided with a small sum of money and allowed to come to Wash­ have spoken to the subcommittee or the person having in charge ington, to their old haunts, and if they had homes, to go to them; the bill rather than come in here and make the declaration he has. but many of them have no homes. They came up here together I i~pudiate the statement, and the gentleman, I presume, regrets on the steamer, and were to return on the boat at a certain hour. . having made it. · At that hour every boy reported and went back to school. Such Mr. RAY of New York. Well, the gentleman thinks he is pre­ is the moral influence of this establi'3hment for the reformation of pared to defend his statement that the proviso may operate to per­ "these boys that the committee thought they were doing the best pos­ mit a waste of money. sible service to the public to make it sure that the tough boys in Mr. GROUT. I do not yield to the gentleman. this city should be sent to that farm instead of to the jail or be The CHAIRMAN. The gentleman declines to yield. allowed to run at large in the streets. Mr. GROUT. I do not yield now. Iwillinamoment give the Now, Mr. Chairman, the expense of keeping charge of the col­ gentleman a chance to substantiate his statement. ored girls in the District of Columbia who have gone wrong, in Now, here is a provision authorizing a contract between the an institution owned by the District up here, is $400 per girl, and Board of Children's Guardians and the Hart Farm School for the they have only gone through the police court to this reformatory care of not less than 50 boys for the next year at 8210 a boy. That institution, just the same as these boys have, and it does not furnish is $10 more than their present contract with the Board of Chil­ them the home life either that this farm does. This farm as a dren's Guardians, who, of course, are not engaged in wasting the part of itS wo1·k has introduced industries. The boys plant the public money, according to representation of the gentleman him­ corn, cultivate it, cut it, and take care of the cows, doing a certain .self. · amount of work all the time. A part of the theory of the estab­ I will undertake to say they are not, anyway, because they are lishment-the gentleman objects to my calling it an institution­ a board acting in good faith, and performing their duties honestly a part of the theory of the establishment is that it is good policy and well. They have made a contract with the Hart Farm to teach the colored man that he can not rely upon his wits alone School that continues until July 1, next, at $200 a boy. Now, the for success in this world, but that he must learn to use his hands. proprietor of the Hart Farm School, P1·ofessor Hart, of Howard He must learn the value of industry, and that system is intro­ University, appeared before the committee and laid the facts be­ duced and admirably sustained in -the Hart Farm School; and fore them, the substance of which was-and I might read at length further, as to price stipulated to be paid Superintendent Lewis, from bis testimony-that he could not do it for the $200 that he says: has the contract for now. · This temporary contract has been continued through to the close of the The committee believed that he could not do it. I do not know present fiscal year with Professor Hart, and it is now running at $200 per but they were imposed upon by his statement. I can not say, but year per child. The District is paying more than that at several places for I do not believe it. Now, what is the character of these boys, the maintenance of its dependent children; and my judgment is that $200 per Mr. Chairman? They have gone to this farm from the Board of year per child, while the number remains underOO, 1S not especially high. Children's Guardians. They have gone there through the police Now, I have shown you that it costs $400 per girl in the Girls' court, some of them not once only, but many times. One of these Reform School, and it costs $210 at the Boys' Reform School. boys has gone through the police court twenty times, convicted Mr. McCLEARY. That is what Professor Hart based his esti- every time of a crime or misdemeanor, and every boy he is caring mate on. · for is a convict in the police court. Now, this is the character Mr. GROUT. Yes; and that is what the committee based its of the boys Professor Hart is caring for. It is a reformatory in­ action on. It costs the Gove:mment $210 per boy to take care of stitution and built and conducted on a plan that recommended white boys of the same class. Now, the gentleman says it may be itself to the entire subcommittee without hesitation. a waste of money, because we provide the same sum for the col­ Mr. RAY of New York. May I ask the gentleman a question? ored boys. I think the gentleman from New York must begin to Mr. GROUT. I will yield to a question. discover that he is the one who has been misinformed. The boys Mr. RAY of New York. What is this reformatory institution? are under restraint in both these places. At the white boys' re­ To what do you refer? fmm school in this city there are walls or fences around the insti­ Mr. GROUT. I do not yield further to the gentleman. tution, but at the Hart Farm School the boys are held under such Mr. RAY of New York. Will you answer the question? moral and intellectual control by kmdness and the interest created :Mr. GROUT. I will be fair with the gentleman. in the work of the farm that walls and fences are not necessary. The CHAIRMAN. The time of the gentleman from Vermont There are none of those 1·estraints there, but the boys are so occu­ has expired. pied in their bookfl, in the farm work, and in the pastimes and 2950 CONGRESSIONAL RECORD-HOUSE. MARCH 15,

recreations founded by the eleven teachers in charge that they vinced that this is a highly praiseworthy object, and that the pro~ really reform themselves. vision ought to be enacted, and if I can be convinced of that fact Mr. RAY of New York. May I ask the gentleman a question? I will withdraw the point of order. Mr. GROUT. Certainly; I will answer with great pleasure. Now, in the first place, what is this farm school? It is a farm Mr. RAY of New York. "The Board of Children's Guardians owned by an individual near the Potomac River, a little waybe- are hereby directed to contract with the Hart Farm School during yond Mount Vernon, purchased by an individual, owned by an the fiscal year 1901 for the care and support of not less than 50 individual, run by an individual through his servants and em­ , boys," etc. Haveyounotanyconfidencein theBoardofChildren's ployees, and the owner of that farm visits it about once a week if Guardians? he has time. Mr. GROUT. Yes. I have already expressed confidence in the Am I incorrect when I say that this farm is owned by an indi- Children's Guardians. vidual and run by an individual? Mr. RAY of New York. If you have confidence, why do you not Mr. GROUT. I stated that. leaveittotheBoard of Children'sGuardianstosaywheretheywill Mr. RAY of New York. He lives here in the city of Washing- put these boys and who shall have charge of them? Why do you ton; he has nothing to do with the running of this farm only require them to go to this place-- as he visits it occasionally. There is no institution there in the Mr. GROUT. When will the gentleman get through with his broad serise of the term. This man purchased that farm and, as question? I am informed, is conducting it with the hope of getting ruonev Mr. RAY of New York. Does the gentleman understand my out of the Government in this way. • question? Mr. GROUT. Will the gentleman allow me. a question? Mr. GROUT. Yes, sir; and my answer is that the committee Mr. RAY of New York. Certainly. felt that the Hart Farm School was such a desirable place for Mr. GROUT. Is the gentleman aware of the fact that a dis- these unruly, wayward, criminal boys that they wanted to make tingnished citizen of New York, ex-Senator Evarts, leased to this it certain that they should be sent there, and that is why they in- man, Professor Hart, a large acreage there, so long as he should serted the provision in the bill. devote it to this purpose, free of rent? Is the gentleman aware of That is my answer. We felt that it was a matter which need that fact? not te left to the discretion of the Children's Guardians; that it Mr. RAY of New York. I am not. Some one has a mortgage was a thing so manifestly fit to be done that it would be wise to on the farm that he wants paid, and which the owner of the farm make the doing of it certain. desires to pay, and he states to this Board of Chil

Mr. RAY of New York. He stated tomethatthissame gentle­ Mr. CANNON. Certainly. man, this owner of this Hart farm, had been taking care of these Mr. RAY of New York. Will the gentleman from Illinois same children, these boys, at a less sum. · kindly tell me and this House why it was deemed necessary to put Mr. McCLEARY. One hundred and eighty-five dollars. into this bill an absolute direction to this Board of Children's Guar­ Mr. RAY of New York. Much less than $185, I think. He dians to give the care of these boys at a fixed price, if I may so call stated to me that at a time when they could not quickly transfer it, to this particular individual? these boys to some other place or institution, this man notified Mr. CANNON. I will state to the gentleman, as I did before, them he would no longer take charge of them without more pay, that I did not give this personal investjgation. But from the and they then increased the price to $185 per ·year, which they printed hearing and from some conversation with a member of the are now paying for taking care of the boys. subcommittee, as well as-to another gentleman who is thoroughly Mr. GROUT. Mr. Chairman-- conversant with those matters and who heard the evidence at the Mr. RAY of New Yo1·k. It was also understood that they hearing, I have no doubt that these 50 boys would be better cared would not, after the expiration of this contract, send him any for from every standpoint, so far as the public are concerned and more of those boys or take those boys to this farm; and therefore, so far as the boys are concerned, at this Hart Farm School than by some hook or crook, I know not what, he has, according to anywhere else. my information, misled the Committee on Appropriations and in­ The CHAIRMAN. The time of the gentleman has expired. duced them to put into this bill a provision changing existing Mr. CANNON. 1 ask for opportunity to say a word more. law, a new law, compelling -this board, that ought to have the The CHAIRMAN. Without objection, the time of the gentle­ sole power and discretion, to take these boys to that farm and pay man from Illinois will be extended for five minutes. this sum of money; and I am opposed to such legislation. There was no objection. I r epeat what I have said heretofore-it is unnecessary; and Mr. RAY of New York. I want to ask the gentleman one more either that Board of Children's Guardians should be left to exer­ question? cise their discretion in the premises, or else the board ought to be Mr. CANNON. If the gentleman will allow me to complete abolished or removed from office-one or the other. For those my statement, perhaps he will not then desire to ask the question. reasons I have raised the point of order, and insist upon it. Now, the gentleman exercises his right under the rule, namely, The CHAIRMAN. The Chair sustains the point of order. that here is a matter of legislation that is subject to a point of Mr. CANNON. Mr~ Chairman, I move to strike out the last order, because it is upon a general appropriation bill. I think word. the gentleman is quite right, and the Chair has sustained the I was not in the House, being engaged in work in the Committee point of order. Now, I have no quarrel with the gentleman from on Appropriations, when the gentleman from New York [Mr. New York for exercising his right in making that point of order, R AY] made his point of order. I was informed that he had made but as I was informed that the gentleman referred to myself, and, the point of order and that he had indulged in some pretty severe as some gentlemen thought, in not quite lovely or endearing terms language, which I have not had iime to read, but which is now in my absence, I thought it was due to myself as well as due th3 for the first time placed in my hand, and that he incidentally committee of which I have the honor to be the chajrman to make referred to mvself in connection with his statement. the statement that I have made. Mr. RAY of New York. Not until my attention was called to Now, the gentleman has exercised his right and the provision the chairman of the committee by the chairman of the subcom­ goes out upon the point of order. I believe I have made a state­ mittee, who inquired why I did not present the fact to the com­ ment that covers what I know about this item. mittee that I intended to make the point of order. I then told That·any man upon the committee was controlled by favoritism him that I had called the attention of the chairman of the com­ or acted from any other standpoint except that of the highest de­ mittee to the matter. sire to serve the public good and to best care for these poor waifs What I say now is to the gentleman from Illinois. If he under­ of society that liave passed through the courts and are to be dealt stands that I in any way referred to him, I wish to say that I was with, I do not for a moment believe, and I do not believe my compelled to do it by the gentleman from Vermont [Mr. GROUT]. friend from New York fMr. RAY] for a moment believes it. And Mr. CANNON. Well, I never have any objection to reference now, having made this statement- being made to myself when I am present, or even when I am ab­ Mr. RAY of New York. Now, right there, I wish to say that sent. Now, all I want to say about this matter is that this bill if any gentleman has informed the gentleman from Illinois that I was prepared by the subcommittee presided over by the gentle· referred to him in any hal'sh or disrespectful way, directly or in­ man from Vermont rMr. GROUTl' the minority being headed by directly, whoever made the statement was a mischief-maker, the gentleman from Mississippi [Mr. ALLEN]. The subcommittee because I did not. I simply stated, when I was compelled to state, consisted of five members. After most thorough investigation that I had informed the chairman of the committee that I intended the subcommitte made a report to the full committee, and on ex­ to.raise the point of order, and I only stated the facts that I have amination the full committee ordered the bill to be reported to stated in regard to this matter in reply to the gentleman from the House. Vermont when he said that if I knew the justice of this provision I gave no personal examination, and I apprehend nobody upon I would not raise the point of order. that committee except the subcommittee did, to this matter which I believe in standing by the committees of this House. I will is under consideration, we having full confidence in the vigilance, contend for them when I believe they are right, but I will not sup­ ability, and disposition of the subcommittee to exhaust the sub­ port them when I believe they are wrong. And when I see wrnng ject. We still have the fullest confidence in that subcommittee. being committed, or whenever I discover a thing that I believe to The gentleman, as I understand it, stated that he had said to rp.y­ be a wrong, I will oppose it, and shall always ·do so fearlessly. I self that he proposed to make the point of order upon this pro­ know this committee desires to do right, and generally is right, vision. He did so state, probably an hour ago, but it did not make and the gentleman from Vermont [Mr. GROUT] is perfectlyhonest enough impression upon my mind, as I was called elsewhere, to in the discharge of duty. • cause me even to state to the gentleman from Vermont [Mr. Mr. CANNON. Now, just one word, and then I will not claim GROUT], who is in charge of the bill, that a point of order was the attention of the committee further. The gentleman has made going to be made, because the point of order would take care of the point of order upon this provision, which is fatal to it. It itself, if insisted upon, and it seemed to me not of sufficient con­ goes out, and nothing is in order further except by unanimous sequence to say anything to anybody in reference to the matter. consent, under which I am speaking for a moment. If the gen­ Now, I want to say that I have hurriedly looked over the hear­ tleman sees proper to withdraw his point of order and let the ing touching this matter upon the merits, and from that hurried House consider this matter upon its merits or let the committee examination I believe that the committee were fully warranted consider it upon its merits, then the whole matter would be open in making this recommendation. True, I think the provision is for discussion, and the gentleman from Vermont could test the subject to a point of order, because, as I understand! under the sense of the committee as to whether or no this is a wise provision. law, the Board of Children's Uuardians dispose of these juvenile But the gentleman makes his point of order, and I do not quarrel offenders after they are committed to their jurisdiction by the with him. That is all I desire to say. sentence of the court, and can make contracts for their care, nur­ · l\Ir. ALLEN of Mississippi. I move to strike out the last two ture, and so on, in or outside of the District of Columbia. words. This provides that a certain number of them shall be cared for The CHAIRMAN. The gentleman from Mississippi. at this Hart Farm School. The evidence and statements made at Mr. ALLEN of Mississippi. I just want to say one word about the hearing show to my mind quite conclusively that this is a this Hart school or farm. I never saw or heard of this man Hart most admirable institution, where there is partial confinement of before I saw him before the committee. I think I know some­ a physical nature, but largely, hand in hand with it, such treat­ thing about what moved the committee to put this provision in ment of these boys that upon their own motion, where they have the bill. He made quite an impression on the committee. He opportunity to escape, they adapt themselves to that treatment was a very good talker-one of the best I have heard, white or and are instructed and take instruction along the lines of labor black. He talked so well that I confess I distrusted him a littl9. and capacity, looking toward a real reformation. [Laughter.] And when he went out the District Commissiqners Mr. RAY of New York. May I ask the gentleman a. question? were present, and I said to them: "Is this man the real thing that 1 2952 CONGRESSIONAL RECORD-HOUSE. MARCH 15, he professes to be, or is he a humbug?" They gave him a very surrounding this question before this bill was reported. Now, it high character, as a. very learned and enthusiastic friend of his appears by the statement of the gentleman from Illinois [Mr. race. We then took not only his statement, but the statement of CANNON] that tbe gentleman from New York only called his at­ others. We had the superintendent of charities there, and we tention to this thing about an hour ago, and then simply to say asked him. We were convinced that this man was doing a good th.at he was going to make the point of order. work. Mr. RAY of New York. I do not understand that the gentle- N ow, then,hesaidt.ous: "Therearecertainthingsnecessarytobe man from Illinois [Mr. CANNON] has said any such thing. If he done. Icannotdothisunlesslhavesomeassnrancethatlcanhave has said that all I said on the subject was that I desired to make these boys. I have a contract now." He had some forty odd thern the point of order, then I simply say that that is incorrect. The under contract, for which the Board of Guardians was paying $200 gentleman says he may have forgotten something. He states per year. The showing was made that white children in the re- what the first thing I said to him was, and his reply. He could formatory school were costing $210. This man wanted some other not have misunderstood what I meant, followed as it was, and in help and we declined to give it to him, but we thought he was connection with my intention to make the point of order. He doing a good work, and in appropriating this money we designated may not have understood; I do not know that he did; but the in­ how this much of it should be expended. ference that I wanted him to draw and intended that he should The gentleman from New York [Mr. RAYl, who is so fierce in draw, and which I supposed he did draw, was that this provision his denunciation of this proposition, evidentfy from his statement would operate as a steal of public funds. gets his inspiration from a member of the Board of Guardians. Let me repeat so that I shall not be misunderstood again-not We had the fact that they were voluntarily contracting with this that I believed that the committee fully understood it or that the man at $200 a year, and we believed he was doing well, and with gentleman from Vermont underst.ood it. I would not have said a little more help he could do better; and they never came before a word on that subject had it not been forced out of me by the us or informed us anything about it. All the information we got gentleman from Vermont, who imputed to me, as I thought, by was from the man himselt, from the distinguished Commission- a remark he made, that I was ignorant of the condition of affairs ers, and from the superintendent of the board of charities, and connected with this provision. It was in response to that that I from the very results of this man's work that he was doing well, said what I did. · and we thought we would increase his appropriation by giving Mr. BARNEY. I would like to say just this-- him 5210 instead of $200,1and that it was not a great outrage. The CHAIRMAN. The time of the gentleman from Wisconsin Now, I have seen the gentleman from New York (Mr, RAY] sit has expired, and debate on the amendment is exhausted. here and see what I considered a thousand outrages go through Mr. GROUT. I ask consent that the gentleman from Wiscon- without ever hearing from him on the subject. I amglad to know Bin [Mr. BARNEY] may proceed for five minutes. that we have at last got one man tha.t is never going to see an- The CHAffiMAN. Is there objection? The Chair hears none. other (langhterj; one man that has taken a stand at last to save Mr. BARNEY. Mr. Chairman, I do not desire to proceed for 10 apiece for reforming nigger boys. [Laughter.] He is going five minutes. I merely wish to say that, in my judgment, com­ to regulate the Government now. [Renewed laughter.] He is mon fairness on the part of the gentleman from New York de­ going to save $500 to the Government and thereby cut off all manded that when he discovered these difficulties with reference stealing. fLaughter.] to this provision in the bill, he should have gone to the gentleman I will teU yon what is the milk in the cocoanut. Everybody who he knew had charge of this bill (Mr. GROUT], and should here is reaching out for more authority and is very jealous of any have made to him these disclosUl'es, if he had any to make. And attempt to limit any that they now have. Now, the Board of I wish to repeat that I think he left the impression upon this Children's Guardians were going on contracting with this man House-whether he intended it or not-that he had given the themselves, but when we told them that they must contract with chairman of the Committee on Appr..opriations at least all of this him, then they see some limitation upon their prerogative, and information before this bill was reported to the House, and had they hunt up the reformer from New York and get him to make not merely declared his intention to make a point of order. one of the grandest stands of his life in cutting down the appro- Mr. .McCLEARY addressed the Chair. priation $10 a year for the reform of nigger boys. [Laughter and The CHAIRMAN. Debate on the amendment is exhausted. applause.] Mr. McCLEARY. I ask unanimous consent to occupy a few ·Mr. BARNEY. Mr. Chairman, I want to make this matter clear minutes. as to the statements of the gentleman from New York [Mr. RAY] The CHAIRMAN. The gentleman from Minnesota asks unani~ in regard to the justice of the provisions in this bill. "'When the mous consent to proceed for two minutes. Is there objection? genUeman from New York made this point of order, and his at- There was no objection. tention was called to the fact by the gentleman from Vermont Mr. McCLEARY. Mr. Chairman, I am very sorry that my (Mr. GROUT] in charge of the bill, that if he knew the justice and friend from New York [Mr. RAYJ should have felt it his duty to necessity for it he would not object to it, the gentleman from New raise any objection to this provlSion of the bill. I never saw York, in short, characterized it as a ~al; then when challenged Professor Hart until I saw him before the subcommittee; but upon that and criticised because he did not call the attention of if I ever saw in my life a man thoroughly imbued with a noble the Committee on Appropriations to these facts, if he knew them purpose, that man was Professor Hart. His address before the before the bill was reported, he said in reply that he had spoken committee was modestly and quietly made, yet so earnestly that to the chairman of the Committee on Appropriations with refer- it touched me to the heart. I never heard an address that affected ence to this thing. He has since said that he only said that he me more deeply than the simple statement that he made as to what called the attention of the chairman of the Committee on Appro- he was endeavoring to do for these poor little semicriminals of his priations to the fact that he would make a point of order-- own race. Mr. RAY of New York. Oh, no; oh, no. Down the river, near Fort Washington, he owns a farm of some Mr. BARNEY. I call the attention of this House to the fact 300 acres. Here he has erected some buildings and has established that in his first statement he left the impression upon the House, a" farm school," which is coming to be one of the noteworthy and the statement was fairly susceptible of the impression, that institutions of this land. He has said to the Board of Children's he had called the attention of the Committee on Appropriations to Guardians, "Be kind enough to send to my school such colored all the facts concerning this case before this bill was reporte~ I children on their way to crime as may be committed to yon. I say that isnotinaccordancewith thestatementhehassincemade, will take them out into the country away from temptation and that he simply told the chairman of the Committee on Appropria- endeavor to rear them to be honest, industrious, law-abiding, and tions that he would make the point of order and nothing else. self-respecting citizens." Mr. RAY of New York. The gentleman from Wisconsin mis- His plan is necessarily expensive, as for the 45 boys he has 10 understands. I did not say that I simply told the chairman of the instructors. Some two or three of them give academic instruction. Committee on Appropriations that I was going to make the point But the principalinstruction is in" doing things." He has a skilled of order. I said I would not state the conversation with the chair- farmer, who takes the boys out on the farm and teaches them how man of that committee. to raise crops. He has a veterinarian, who teaches the boys how to Mr. BARNEY. Yes; but the gentleman in his first statement take care of cattle and horses, whether in sickness or in health. left the impression on this House that he had given the chairman He has a blacksmith, who shows the boys how to make and mend of the Committee on Appropriations all the facts in reference to things made of iron. Mr. Hart told the committee that the black­ this matter before this bill was drawn-- smith takes 6 boys in the shop in the morning and in the after~ Mr. RAY of New York. I want to say now, and I will say-- noon takes 6 others. Every boy has a turn at the blacksmith's Mr. BARNEY (continuing). And I rose to make the statement forge and the wheelwright's bench once a week. They learn to clear. If the gentleman from New York wants to say that he make all sorts of things. If anything breaks, they learn to mend simply called attention of the chairman of the Committee on Ap- it. They are taught to take material and repair machinery of all propriations to the fact that he desired to make the point of order kinds. The principal of the school is, I understand, a graduate of and nothing more, all right, but I feared the impression would be IHampton. left-and it was fair to be left by what was said by the gentle- If I ever heard a statement of a case worthy of the considera­ man from New York-that he had called the attention of the tion of this House, it was that made by Professor Hart; and if chairman of the Committee on Appropriations to all the facts every man now listening to me bad heard that statement, I know

I 1900. CONGRESSIONAL RECORD-HOUSE. 2953

he would not hesitate a moment to do the thing that the commit­ Mr. RAY of New York. Did you not state that? tee has recommended. Mr. McCLEARY. No; I did not state that. Now, why was this provision made directory? Because Mr. Mr. RAY of New York. What did yon state? Hart said, ''I must know a year in advance something about what Mr. McCLEARY. I said it was made compulsory at a fixed I can count on. I have to make my contracts with merchants of number in order that Mr. Hart might know that he would have a this city for provisions to be delivered during the year; by mak­ certain number at any rate for the year, in order that he might ing the contracts covering the year I ca.n get better terms." make his contract for the year. Mr. Hart was very anxious that we should make an appropria­ Mr. GORDON. Mr. Chairman, a parliamentary inqufry. tion to provide him a much-needed building. We found that we The CHAIRMAN. The gentleman will stat.ehis parliamentary could not do that under the law. On the suggestion of Commjs­ inquiry. sioner Ross, this provision directing the Board of Children's Guard­ Mr. GORDON. Can we get back to the original proposition of ians to contract with Mr. Hart for not less than 50 children for a attempting to locate the thief? (Laughter.] year was inserted. Mr. Hart told us that under his present con­ The CHAIRMAN. The gentleman has not propounded a par­ tract the board could, on ten days' notice, take away every boy he liamentary inquiry. had, leaving him with supplies and contracts made for a year. Mr. RICHARDSON. I should like to ask the gentleman from This uncertainty was embarrassing to him in the good work that Minnesota [Mr. McCLEARY] if Professor Hart is the man whom he was endeavoring to carry on. It was to encourage and make the gentleman from New York [Mr. RAY] alleged had a mortgage possible the continuance of this good work that the provision that he wanted to get paid off by this contract? under consideration was inserted. .Mr. McCLEARY. This is my first service on that committee, Now, let us see what Mr. Lewis, superintendent of. charities, and there are a great many things that I do not know. But if I says: know anything I know that that man is engaged in a good project. I think it would be a calamity to the District if that work being performed Mr. RAY of New York. In a letter from Mr. Hart, dated De­ by Professor Hart should be allowed to fail or be transferred to other hands. Gember 8, 1899, written to Mr. C. P. Huntington, of New York, That is my judgment. I belie-v·e it would be a calamity to allow he states: that work to fail or to transfer it to other hands. I do hope that I mortgaged my place to put up buildings and equipments for these chil­ my friend from New York, whose right intention everyone knows, dren, and the mortgage, $7,000, is outstanding, and now I am underbid and will reserve the point of order, if it is possible in any parliamen­ ruined. tary way to do so, instead of making it, or withdraw it and leave That is, he says he is underbid by people who will take charge the matter open for further consideration. of the boys for a less sum. I am very confident that if he will read the hearings before the Mr. RICHARDSON. Whose mortgage is that? committee, and especially if he will come in contact with Professor Mr. RAY of New York. It does not state who holds the mort­ Hart himself, so that he can state his own case, the gentleman gage. from New York will be just as cordial in his support of this pro­ Mr. RICHARDSON. But who made the mortgage? vision as any member of the committee. Mr. RAY of New York. Why, Mr. Hart made the mortgage Mr. RAY of New York. May I ask the gentleman a question? on his place. Then this gentleman, in his statement which I have Mr. McCLEARY. Certainly. here, says: Mr. RAY of New York. Did Professor Hart state to you that Ou.r committee after investigation find no ground for this extravagant he had erected on this farm buildings for the accommodation of statement, as we are in possession of information to the effect that Mr. Ha.rt has erected only a dormitory i:n addition to his house in which to accommo­ these boys? ~. Mr. McCLEARY. That is my recollection. date these children, and that $500 of the amount necessary was donated to Mr. Hart for that pa.rpose. ~ rHere the hammer fell.] :Mr. RAY of New York. I ask unanimous consent for five And so on. If I can have the permission of the House, I Will put minutes. this statement into the RECORD. The CHAIRMAN. Does ·the gentleman from New_York ask The statement is as follows: 'this for himself or for the gentleman from Minnesota? To the honorable committee of the Senate for the District -Of Columbia. Mr. RAY of New York. For both of us. GENTLEMEN: I had only been a member of the Board of Children's Guar­ The CHAIRMAN. The gentleman from New York asks that dians a. few months when. early in October last, the question of increasing the rates for keeping our wards at the Ha.rt Farm, near Mount Vernon, was the gentleman from Minnesota may have five minutes. Is there raised by Professor Hart, in a communication to our board; stating that he objection? The Chair bears none. could not longer keep the children for a less sum than $210 each per annum, Mr. RAY of New York. Now, I am credibly informed, and I instead of Sl85, the amount of his contract price for last year. I was ap­ pointed, with othera, on a eommittee to take this matter under consideration believe what I state, because it is in writing and it is signed. I and report back to the board. know nothing of Professor Hart. I do not know this Board of The committee of investigation could not understand why it was necessary Children's Guardians-only one of them, and when he waited on to increase the price of keepin.g our children on a farm to $210 per annum while others of our children were being kept in homes and institutions for a me and laid these facts before me in writing, I understood and much less amount. In the House of the Good Shepherd, Baltimore, we are understand now that theycan not be impeached in their integrity ~:iying $100 per annum; in the National Association for Relief of Colored and their intelligence, and if they can be, then I repeat again, Mr. Women and Children our wards are kept for 120 pe annum, and clothed. Chairman, that the time has come when they should be removed ~thetemporary home forchildrenin thiscity we a.repaying 1.20perannum, including clothin~. and other gentlemen put in their places. At the Industrial Home School, this city, we are paying $123 per annum, Mr. McCLEARY. Will the gentleman allow me to ask him a including clothin~, and the cost of maintenance for lari;er boys at the Reform School in this DIBtrict, where the institution is divided into homes with question? every convenience for the benefit of the children, the superintendent states, Mr. RAY of New York. Yes. is only about $184 per annum, thoufh the superintendent of charities esti­ Mt. McCLEARY. Did more than one person appear to you? mates from the reports of the schoo for 1898 that the cost is nearly $198. Mr. Hart appeared before the committee and stated that he had a farm of Mr. RAY of New York. One only. 700 acres, 100 of which was under a state of cultivation; that on his farm he Mr. McCLEARY. Mr. Hart has specially stated that there is was raising horses; that he had some cattle and a number of hogs; that he one member of this board who is bitterly opposed to him, but that was raising corn, lJ.Otatoes., beans, pease, ~! y,arden p1·od.uce., all of which the board as a board is with him. could be used in daily consumption by his 1· y. He further stated that he was keeping 42 of our wards, and was feeding them on the theory that good Mr. RAY of New York. How many members are there on that food made good brains and that good brains made able men. board? Upon inquiry we found that his groceries were being purchased from a store Mr. McCLEARY. Well, I do not know. in the city carrying the best line of proTisions, and his flour from a manu­ facturer making one of the finest qualities of flour, and all other purchased Mr. RAY of New York. The committee should know. Does articles of consumption were proportionately of the same character, result­ any member of the committee know how many gentlemen are on ing in the feeding of these wards who had come from off the streets or from that board? I do not think the committee can be very clearly in­ very obscure homes, in an extravagant manner and out of the station of their former life and beyond that which they could reasonably hope to obtain after formed when they do not know how many gentlemen are mem­ leaving the Hart farm. bers of that board. We also found from the statement of Mr. Hart that in making up his bill Mr. GROUT. I will say to the gentleman from New York that of expenses for keeping our wards that he had added the cost of his cattle, horses, hogs, and other domestic animals kept on the farm, and the feed for the board is not composed entirely of gentlemen. There are some the same, and, in case of loss of any, the value of the animal was added to the ·ladies upon it. [Laughter.] expense. Also the cost of all fertilizers, seed grain, and employees on the :Mr. RAY of New York. How many ladies and gentlemen?' farm and in·the house, and a small additional building he had erected, and whatsoever improvements were on the farm for its betterment, were all Mr. GROUT. ·Let me ask the gentleman why it becomes im­ counted in and the aggregate amount charged up as a part of the expense portant that the Committee on Appropriations should know just for keeping the children. how many persons there are on that board. The committee could readily understand that with so many items charged l\1r. RAY of New York. The gentleman from Minnesota has against the expense of keeping the children that were a-Otually expenses for improving the property, that it was not difficult for Mr. Hart to arrive at the just stated, as I understood, that the reason why this was made conclusion that he could not continue to maintain the children for $185 per compulsory in directing them to employ this man at a certain fixed annum. price was because there was one member of that board opposed to On further inquiry Mr. Hart stated that he was engaged in business in the city and did not visit his farm more than once in each week, and then only Professor Hart, and only one. to remain over Sunday, and that the entire management i:n his absence was Mr. McCLEARY. No, sir. intrusted to his employees. 2954 CONGRESSIONAL RECORD-HOUSE. MARCH 15,

In a letter from Mr. Hart, dated December 8, 1899, written to1Mr. C. P. Mr. McCLEARY. Let me ask the gentleman from New York Huntington, of New York, he stat.es, "I mortgaged my place toputup build­ ings and equip them for these children, and the mortgage-$7,000-is out- [Mr. RAYl if he will not reserve that point of order? standing, and now I am underbid and ruined." . Mr. RAY of New York. I -can not do that. This will proba· Our committee of investigation find no ground for this extravagant state­ bly get into the bill anyhow. If all right, I hope it will get in; ment, as we are in possession of information to the effect that Mr. Hart has erected only a dormitory in addition to his house, in which to accommodate but I can not consent as at present advised. these children, and that $500 of the amount necessary was donated to Mr. Mr. MADDOX. Mr. Chairman, I rise to a point of order. Hart for that purpose. The CHAIRMAN. The gentleman will state it. About the last of October this special committee of the Board of Children's Guardians was informed that the Negro Reformatory Association of Vir­ Mr. MADDOX. My point of order is that I thought this ques- ginia, with the assistance of Collis P. Huntington, of Ne'v York, had pur­ tion had been settled by the ruling of the Chair. · · chased a tract of land comprisin~ 1,806 acres, at an average cost of SS per The CHAIRMAN. The gentleman from Georgia. is correct. acre, near Hanover, Va., upon which they had established a school for colored children who had not been sentenced for crime, and that a bill was before The Chair ruled some time ago. If there be no objection, the in­ the State legislature for its incorporation under the name of the "Virginia formal amendment will be withdrawn and the Clerk will read. ManuafLabor School." - Mr. GROUT. Mr. Chairman, we have thus heard fully the gen­ Some of the most influential citizens of Virginia are the incorporators of I this new enterprise, among whom are James Cascie, late president.of the tleman's reasons for his attack on this Hart Farm School, and Prison Association; Maj. Robert Stiles, an eminent lawyer of Richmond; Maj. submit that really they amount to nothing, unless it is to adver­ E.T. D. l'tlyers, president of the Richmond, Fredericksburg and Potomac tise another institution down in Virginia, where the man Peck, Railroad; Joseph Bryan1,.president of the locomotive works and editor of the who signed the letter to the gentleman from New York, would Richmond Times; John L . Williams, banker; John P. Branch, vice-president of the Bankers' Association of the United States and president of- the Mer­ evidently prefer to have these boys sent; but it seems the rest of chants' National Bank; Andrew H. Christian, a merchant; JudgeL. L. Lewis, the board have overruled him, and, as already stated, have a con­ late prcEident of the court of appeals of the State; Collis P. Huntington, of tract with the Hart Farm School until July 1 next. Thus far the New York, late president of the Chesapeake and Ohio Railroad ana one of the projectors of the Pacific Railroad; Dr. H.B. li'rissell, president of t he board seems ,to think the Hart Farm School the best place for Hampton Agricultural and Industrial Institute, and Professors Vassar and these children. This whole tumult has arisen because this man Jones, of the Union University of Virginia, the last two named of whom are Peck thinks the other place best. It seems to have been the small­ colored, aside from a number of others of the best class of colored citizens of the State. Also, this incorporation is strongly indorsed by the governor and est kind of a small tempest in a small teapot, the grave charge all of the judges of the State, and that the establishment of this school is which the gentleman from New York started out with having without opposition. dwindled into simply an advertising scheme for.another school. Onfw·ther inquiry it was found thatJohnH. Smyth, ex-mi"qistertoLiberia, a highly educated and Christian colored man, who has had considerable expe­ This is the milk in the cocoanut. rience as a teacher, had been made president and general superintendent of We have seen that the price stipulated for, $210 per boy, is just this manual Jabor school, and that they would be ~lad to take some of the what it co3ts at the Boys' Reform School in this city, a Govern­ wards from the Board of Children's Guardians of this District and keep them at the rate of $120 per annum, including clothing, should we desire to send ment institution where nothing is included as interest on the them there. plant, which, if added, would make the cost at the white boys' With this information before ihe committee of the Board of Children's school considerably more than $210 per boy. Guardians, we visited the Virginia Manual Labor School about the Ipiddle of We have seen that it costs $400 per girl at the Girls' Reform December. The farm is located 16 miles from Richmond and l t miles from the railway station. Six buildings were already on the farm, the principal School, and it should be kept in mind that these boys at the Hart ones of which were located in an elevated oak grove comprising about 15 Farm School are tough boys, who have gone through the police acres, which overlooked the broad expan!:e of the farm. Two other build­ court the same as boys at the white school and the girls already ings for dormitories were·in course of erection which would accommodate a largt'I number of children. referred to, and they ca.n not be cared for at the low price paid As our visit was not forewarnedz we found the superintendent butchering for board at the Industrial Home School and other places of that his hogs and the children engagea in the schoolroom under a competent class. teacher. On inquiry we found the children had bean in the school only about four months, and during this short period of time they had learned to read But, enough; the charge of the gentleman, what has not been quite well, could recite the Apostles' Creed and repeat the Lord's Prayer. withdrawn, vanishes into thin air. The question bas1 in fact, As soon as they were out of school they were engaged in such work in the already been disposed of by the Chair, and all this talk is siruply garden and house and about the place as t.hey were able to do. It is proposed to give these children book learning of a rudimentary char­ aftermath, and I hope the Clerk will now be allowed to read. acter. Farming of large crops, trucking, care of stock, brickmaking, carpen­ The Clerk resumed and completed "the reading of the bill. try and smithing, and dairy work and housework will be the course of train­ And then, on motion of Mr. GROUT, the commutee rose; and ing for the inmates. But above and beyond these intellectual features, the Christianizing of these uncultured children will be one of the efforts of the the Speaker having_ resumed the chair, Mr. SHERMAN, Chairman institution. though nonsectarian in character. of the Committee of the Whole House on the state of the Union, Of the 1,800 acres in the farm, over 700 acres are cleared nnd in a state of reported that that committee had had under consideration the bill cultivation, while the balance is covered with timber, much of the timber being suitable for building purposes. (H.-R. 9139) making appropriations to provide for the expenses of A rich and productive garden of about 20 acres is adjacent to the buildings, the government of the District of Columbia for the. fiscal year upon which can be raised vegetables sufficient to feed 100 inmates. The prod­ ending June 30, 1901, and for other purposes, and had directed ucts of the garden the past year were 12.5 bushels of potatoes, 250 cabbages, 200 bushels of turnips, 10 bushels of onions, a large quantity of parsnips, oyster him to report"the same back to the ·House with' sundry amend­ plant, lettuce, 1 bushels of beans. and on the farm there were raised 2,800 ments, and with the recommendation that as amended the bill do bushels of corn, 200 bushels of pease, 60 bushels of wheat, 5,000 watermelons, pass. 150 bushels of tomatoes, and 37 hogs, all for the use of the inmates. In short, The SPEAKER. Is a separate vote demanded on any of the the farm is of very good soil and is capable of providing a. supply for the sup­ port and maintenance of at least 2,000 inmates with but little ex-pense out- amendments? If not, the amendments will be voted upon in gross. ~& • The amendments were agreed to. The farm is abundantly supplied with a large number of good springs and The bill as amended was ordered to be engrossed and read a some running streams and is bounded on the east by a river, affording oppor- tunity for fishing and boating. · third time, and was accordingly read the third time, and passed. For the past thirty-five years the State of Virginia has been allowing its On motion of Mr. GROUT, a motion to reconsider the last vote reformatories 2.5 cents per day for keeping its wards, or $91.25 per year, and was laid on the table. $10 additional per year for clothing, or 101.25 per year for both maintenance LEA VE OF ABSENCE, and clothing. This same a.mount is allowed by the State to the La~rei In­ dustrial School, 6 miles from Richmond, where 200 of the State wards between By unanimous consent, leave of absence was granted to Mr. 8and18 years of age are sent. The State is now paying this same amount for keeping its wards at the Virginia. Manual Labor School at Hanover, Va., that TAYLOR of Alabama, indefinitely, on account of important busi­ our committee visited. ness. lt is held by good authority that a healthy boy at the age of 12 years is COMMITTEE RESIGNATION AND APPOINTMENTS. capable of earning on a farm an amount in labor equal to the expenses of his maintenance. Good farm .hands competent to teach boys farming can be The SPEAKER laid before the House the following communi­ employed in the section of this manual labor school for $10 per month, and cation: competent women cooks for $5 per month. A former student of the Hamp­ ton Agricultural Institute has, however, been employed as the instructor and To the House of Representatives: . . manager of the farm work. I hereby resign my position as a member of the Committee on the Expendi­ The Board of Children's Guardians are of the opinion that the class of tures in the Treasury Department, and respectfully ask for the approval of children coming under their charge for which homes can not be obtained the House. should be placed where they can have good, plain food, suitable to their station J. W. WADS WORTH. in life, and be taught to work and have the best principles instilled into them, MAROH 15, 1900. and the board knows of no better place for this work than on a. well-managed farm, where they are given a rudimentary education and taught different The question being taken on accepting the resignation, it was industries. accepted. As a result of the investigation, the committee of the board came to the The SPEAKER announced the following committee appoint- conclusion that it is a feasible undertaking for the Virginia Manual Labor School to contract to maintain and clothe our wards for $120 each per annum, ments: and as this school is found unobjectionable in character and under the best Committee on EY.penditures in the Department of Justice, Mr. possible management, they recommended t o the Board of Children's Guard­ STANLEY DAVENPORT of Pennsylvania. ians that our wards for whom homes could not be found be sent to this w. school until some better arrangement could be made for them. Committee on Revision of Laws, Mr. THOMAS H. BALL of Respectfully submitted. Texas. M. D . PECK. Committee on the Territories, Mr. WILLIAM ELZA WILLIAMS Of the Committee, 931+ F street, City. of Illinois. .. JANUARY23, 1900. Committee on the District of Columbia, Mr. JAMES W. WADS­ The CHAIRMAN. The time of the gentleman from New York WORTH of New York. has expired. Committee on Expenditures in the Treasury Department, Mr. Mr. GROUT. I sbou1d like to ask the gentleman a question. W. F. ALDRICH of Alabama. 1900. CONGRESSIONAL RECORD-HOUSE. 2955

FORT HAYS MILITARY RESERVATION, KANS. MESSAGE FROM THE SENATE. · Mr. MILLER. Mr. Speaker, I ask unanimous consent for the A message from the Senate, by Mr. PLATT, one of its clerks, present consideration of the bill (S. 68) granting to the State of announced that the Senate had passed without amendment the Kansas the abandoned Fort Hays Military Reservation, in said bill H. R. 4648, "An act granting an inerease-of pension to William State, for the purpose of establishing western branches of the G. McLain." Kansas Agricultural College and of the Kansas State Normal The message also announced that the Senate had agreed to the School thereon, and for a public park. amendment of the Honse of Representatives to the concurrent The SPEAKER. The gentleman from Kansas a-sks unanimous resolution of the Senate No. 22, to print 11,000 copies of tI:ie pro· consent for the present consideration of a bill which the Clerk will ceedings in conneotion with the reception of the Webster statue, report. etc. The bill was read, as follows: The message also announced that the Senate had agreed to the Be it enacted. etc .• That the abandoned Fort Hays Mjlitary Reservation and amendments of the House of Representatives to the concurrent all the improvements thereon, situated in the State of Kansas, be, and the resolution of the Senate No. 25, to print 12,500 extra copies of the same are hereby, granted to said State upon the conditions that said State shall establish and maintain perpetually thereon, first, a western branch of report of the Director of the Geological Survey relating to the the Kansas Agricultural Colli'l~e; second. a western branch of the Kansas Cape Nome district, etc. State Normal School, and thatm connection therewith the said reservation The message also announced that the Senate had agreed to the shall be u sed and maintained as a public park: Provided, That said State shall, within five years from and atter the passage of this act, accept this report of the committee of conference on the disagreeing votes of grant, and shall by proper legislative action establish on said reservation tbe two Houses on the amendment of the House of Representatives western branches of the Kansas Agricultural College and the Kansas State to the bill (S. 2354) enlarging the powers of the Choctaw, Okla­ Normal School; and whenever the lauds shall cease to be 1\sed by said State for the purposes herein mentioned the same shall revert to the United States. homa and Gulf Railroad Company. The following. amendments recommended by the Committee on JOSEPH M'CUNE. the Public Lands were read: Mr. B.ISHOP. Mr. Speaker, I ask unanimous consent to take In line 7, on :page 1, strike out the words" a western branch" and insert from the Speaker's desk the bill H. R. 5299, with Senate amend­ in lieu thereof ' an experiment station." . In line 1, on page 2, strike out "western branch" and insert in lieu thereof ment, and move that the House concur in the Senate amendment. "an experiment station." The SPEAKER. The gentleman from Michigan asks unani­ In line 2, after the word "and," insert "a western branch of." . m_ous consent to take from the Speaker's table the bill H. R. Amend the title so as to read: "An act granting to the State of Kansas the abandoned Fort Hays Military Reservation, in said State, for tp.e purpose of 5299, with a Senate amendment, which the Clerk will read. establishing an experiment station of the Kansas Agricultural College and a The Ulerk read as follows: western branch of the Kansas State Normal School thereon, and for a public park." · A bill (H. R. 5299) granting an incr2ase of pension to Josoph McCune, with the following amendment: The SPEAKER. Is there objection. Strike out all after the enacting clause and insert: Mr. RICHARDSON. Mr. Speaker,afewdaysago,Ibelieve, this "That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations bill was presented for consideration, and the gentleman from Ala­ of the pension laws, the name of Joseph McCune, late of Company A, Sixth bama [Mr. UNDERWOOD] mad.e some objection to it, and I under­ Regiment Michigan Volunteer Cavalry, and J?ay him a pension at the rate of stand the objection which he made has been obviated by an amend­ $50 p er month in lieu of that he is now receivmg." ment. The SPEAKER. Is there objection to the present consideration Mr. CURTIS. Mr. Speaker, I had a conversation with the gen­ of the bill? [After a pause.] The Chair hears none. - tleman from Alabama rMr. UNDERWOOD], and he agreed to with­ The amendment of the Senate was concurred in. draw his objection to this bill if the amendment which I send to the Clerk's deflk is adopted. RURAL FREE-DELIVERY SERVICE. The SPEAKER. The first question is, Is there objection to the Mr. HEATWOLE. Mr. Speaker, I am diJ:ected by the Commit­ present consideration of the bill? tee on Printing to ask unanimous consent of-the House for the Mr. RICHARDSON. I wanted to say that if the amendment consideration of House concurrent resolution 26. met the objection of the gentleman from Alabama [Mr. UNDER­ The Clerk read as follows: WOOD] I should not object; and I make this statement because the gentleman from Alabama [Mr. UNDERWOOD] himself is tem­ House concurrent.resolution 26. Resolved by the Rouse of Representatives (the Senate concurring), That there porarily out of the House. I understand the amendment covers be printed 25,000 copies of so much of the Report of the First Assistant Post­ his objection. master-General for the fiscal year ended June 30, 1899, as relates to the rural Mr. CURTIS. It does. free-delivery service, of which 10,000 shall be for the use of the Rous~ of R-ep­ Mr. l\.ULLJi"JR. There is no objection to the amendment. resentatives, 5,000 for the use of the Senate, and 10,000 for the use of the Post­ The SPEAKER. The first question is, Is there objection to the Office Department. consideration of tllebill? [Afterapause.] TheChairhearsnone. The SPEAKER. Is there objectioµ to the _present considera­ The question is on agreeing to the committee amendments. tion of the resolution? [After a pause.] The Chair hears none. The amendments recommended by the committee were agreed to. The resolution wa.s agreed to. The SPEAKER. The Clerk will report the amendment of the gentleman from Kansas. NAVAL INTELLIGENCE, The Clerk read as follows: Mr. HEATWOLE. Mr. Speaker, I am further directed by the On page 2, line 5, after the word "States," add: Committee on Printing to ask unanimous consent for the consid­ "Provided further, That the provisions of this act shall not apply to any eration of Senate joint resolution 91. tract or tracts within the limits of said reservation to which valid claim has The Clerk read as follows: attached by settlement or otherwise under any public-land laws of the United States." Joint resolution (S. R. 91) authorizing the printing of extra copies of the The amendment was agreed to. publications of the Office of Naval Intelligence, Navy Department- Resolved by the Senate and House of Rep1·esentatives of the United States of The bill as amended was ordered to a third reading; and it was America in Congress assembled, That the Secretary of the Navy be, and is accordingly read the third time, and passed. hereby, authorized to print, in excess of the 1.000 copfos authorized by the On motion of Mr. MILL.ER, a motion to reconsider the vote by act of January 12, 1895, such extra copies of the publications of the Office of Naval Intelligence as may be necessary for distribution to the naval service which the bill was passed was laid on the table. and to meet other official demands: Provided, That in no case shall the edi· The SPEAKE.R: Without objection, the amendment to the title tion of any one publication exceed 2,000 copies. will be agreed to. There was no objection. The SPEAKER. Is there objection to the present considera­ tion of the re3olution? [After a pause.] The Chair hears none. CUIVRE RIVER, The resolution was ordered to a third reading; and it was accord· Mr. CLARK of Missouri. Mr. Speaker, I ask unanimous con­ ingly read the third time, and passed. sent for the present consideration of the bill (S. 2279) which I send to the Clerk's desk. DAILY CONGRESSIONAL .RECORD TO MEMBERS OF THE PRESS. The Clerk read as follows: Mr. HEATWOLE. Mr. Speaker, I am further directed by the A bill (S. 2279) declaring Cuivre River to be not a navigable stream. Committee on Printing to ask unanimous consent for the consid­ Be it enacted, etc., That Cuivre River, in the counties of Lincoln and St. eration of House joint resolution 159. Charles, in the State of Missouri, being the dividing line, is hereby declared The resolution was read, as follows·: ~~~ ~llb~th~ ·a:~ih~~it~;~~am, and shall be so treated by the Secretary of War J oint resolution (H.J. Res.159) to amend joint resolution to furnish the daily CONGRESSIONAL RECORD to members of the press, and so forth, approved The SPEAKER. Is there objection to the present consideration February 17, 1897. of the bill? [After a pause.] 'l'he Chair hears none. Resolved, etc., That the "Joint resolution to furnish the daily CONGRES­ The bill was ordered to a third reading; and it was accordingly SIONAL RECORD to members of the press, and so forth," approved February read the third time, and passed. 17, 1897, be amended so as to read as follows: "That the Public Printer be, and he is hereby, authorized and directed to On motion of Mr. CLARK of Missouri, a motion to reconsider supply to each newspaper correspondent whose name appears in the Con­ the vote by which the bill was passed was laid on the table. · gressional Directory, and who makes application therefor, for his personal 2956 CONGRESSIONAL R]JCORD-HOUSE. MARoB: 15, use and that of the paper or papers he represents, one copy of the daily CON· REPORTS OF COMMITTEES ON PRIVATE BILLS AND GRESSIONAL RECORD and one copy of the bound CONGRESSIONAL RECORD, the same to be sent to the office address of each member of the press, or else­ RESOLUTIONS. where in the city of Washlngton, as he may direct." Under clause 2 of Rule XIII, private bills and resolutions of the The SPEAKER. Is there objection to thepresentconsideration following titles were severally reported from committees, deliv­ of the joint resolution? [After a pause.] The Chair hears none. ered to the Clerk, and referred to the Committee of the Whole The joint resolution was ordered to be engrossed for a third House, as follows: reading; and being engrossed, it was accordingly read the third Mr. CALDERHEAD, from the Committee on Invalid Pensions, time, and passed. to which was referred the bill of the Holise (H. R. 8830) granting On motion of Mr. HEATWOLE, a motion to reconsider the an increase of pension to William F. Boyakin, rE;)ported the same several votes by which the various joint resolutions were passed with amendment, accompanied by a report (No. 659); which said was laid on the table, · bill and report were referred to the Private Calendar. Mr. DALZELL. Mr. Speaker, I move that the House do now He also, from the same committee, to which was refe1Ted the adjoUl'n. bill of the Senate (S. 209), granting an increase of pension to Cor­ The motion was agreed to; and accordingly (at 4 o'clock and 27 nelia De Peyster Black, report.ad the same without amendment, minutes p. m.) the House adjourned. accompanied by a report (No. 660) ; which said bill and report were referred to the PI·ivate Calendar. EXECUTIVE COMMUNICATIONS, ETC. He also, from the same committee, to which was referred the Under clause 2 of Rule XXIV, the following executive commu­ bill of the Senate (S. 208) granting an increase of pension to Jose­ nications were taken from the Speaker's table and referred as fol­ phine I. Ofiley, reported the same without amendment, accom­ lows: panied by a report (No. 661); which said bill and report were re­ A letter from the assistant clerk of the Court of Claims, trans­ ferred to the Private Calendar. mitting a copy of the findings filed by the court in the case of He also, from the same committee, to which was referred the R. L. Pritchard et al. against the United States-to the Committee bill of the Senate (S. 1729) granting an increase of pension to on War Claims, and ordered to be printed. Oliver J. Lyon, reported the same without amendment, accom­ A letter from the Secretary of the Treasury, transmitting a copy panied by a report (No. 662); which said bill and report were re­ of a communication from the Auditor of the War Department ferred to the Private Calendar. suggesting an amendment to the Army bill-to the Committee on He also, from the same committee, to which was referred the Milita1-y Affairs, and ordered to be printed. bill of the Senate (S. 531) granting a pension to Hemietta Cum-· A letter from the assistant clerk of the Court of Claims, trans­ mins, reported the same without amendment, accompanied by a mitting a copy of the findings filed by the court in the ease of report (No. 663); which said bill and report were referred to the Benjamin F. Parros against the United States-to the Committee Private Calendar. on War Claims, and ordered to be printed. He also, from the same committee, to which was referred the A letter from the assistant clerk of the Court of Claims, trans­ bill of the Senate (S. 1721) granting an increase of pension to mitting a copy of the findings filed by the court in the case of Amos H. Goodnow, reported the same without amendment, ac­ Peter Showalter against the United States-to the Committee on companied by a report (No. 664); which said bill and report were War Claims, and ordered to be printed. refened to the Private Calendar. A letter from the assistant clerk of the Court of Claims, trans­ Mr. MINOR, from the Committee on Invalicl Pensions, to which mitting a copy of the findings filed by the court in the case of was refen·ed the bill of the Senate (S. 2622) granting a pension to Celestine D. Carlin, administrator of estate of Celestine T. Carlin, Maria A. Thompson, reported the same without amendment, ac­ against the United States-to the Committee on War Claims, and companied by a report (No. 665); which said bill and report were ordered to be printed. referred to the Private Calendar. A letter from the assistant clerk of the Court of Claims, trans­ He also, from the same committee, to which was referred the mitting a copy of the findings filed by the court in the case of bill of the Senate (S. 1250) granting a pension to Hattie E. Red­ Hiram L. Sloan against the United States-to the Committee on field, reported the same without amendment, accompanied by a War Claims, and ordered to be printed. report (No. 666); which said bill and report were referred to the Private Calendar. He also, from the same committee, to which was referred the REPORTS OF COMMITTEES ON PUBLIC BILLS AND bill of the Senate (S. 2220) granting an increase of pension to RESOLUTIONS. Eudora S. Kelly, reported the same without aµiendment, accom­ Under clause 2 of Rule XIII, bills and resolutions of the follow­ panied by a report (No. 667); which said bill and report were re­ ing titles were severally reported from committees, delivered to ferred to the Private Calendar. the Clerk, and referred to the several Calendars therein named, as Mr. MIERS of Indiana, from the Committee on Invalid Pen­ follows: sions, to which was referred the bill of the Senate (S. 1309) grant­ Mr. SLAYDEN, from the Committee on Military Affairs, to ing an increase of pension to Herman Piel, reported the same which was referred the bill of the House (H. R. 946) establishing without amendment, accompanied by a report (No. 668); which the Atlanta National Military Park, reported the same without said bill and report were referred to the Private Calendar. amendment, accompanied by a report (No. 688); which said bill He also, from the same committee, to which was referred the and report were referred to the Committee of the Whole House bill of the Senate (S. 1960) granting an increase of pension to Eli on the state of the Union. J. March, reported the same without amendment, accompanied Mr. HEATWOLE, from the Committee on Printing, to which by a report (No. 669); which said bill and report were referred to was referred concurrent resolution of the Senate (S.Con.Res. No. the Private Calendar. 12) to print 4,500 copies of the report transmitted bythe Secretary He also, from the same committee, to which was referred the of State of the commissioner for the United States on the Inter­ bill of the Senate (S. 1298) granting an increase of pension to Oscar national Prison Commission, reported the same. without amend­ Taylor, reported the same without amendment, accompanied by a ment, accompanied by a report (No. 689); which said concurrent report (No. 670); which said bill and report were referred to the resolution and report were referred to the Committee of the Whole Private Calendar. House on the state of the Union. He also, from the same committee, to which was referred the Mr. SHERMAN, from the Committee on Interstate and Foreign bill of the Senate (S. 1268) granting a pension to Sarah R. Bur­ Commerce, to which was referred the bill of the House (H. R. rell, reported the same without amendment, accompanied by a 2980) to provide for telegraphic communication between the report (No. 671); which said bill and report were referred to the United States of America, the Hawaiian Islands, Guam, the Phil­ Private Calendar. ippine Islands, Japan, and China, and to promote commerce, re­ Mr. HEDGE, from theCommitteeonlnvalid Pensions, to which ported the same with amendment, accompanied by a report (No. was referred the bill of the Senate (S. 346) granting an inc1·ease 690); which said bill and report were referred to tho Committee of pension to Mrs. Arethusa Wright, reported the same without of the Whole House on the state of the Union. amendment, accompanied by a report (No. 672); which said bill Mr. JENKINS, from the Committee on the District of Colum­ and report were referred to the Private Calendar. bia, to which was referred the bHl of the House (H. R. 9283) to He also, from tbe same committee, to which was referred the regulate insurance in the District of Columbia, and for other bill of the Senate (S. 1255) granting an increase of pension to James purposes, reported the same with amendment, accompanied by a M. Simeral, reported the same without amendment, accompanied report (No. 691); which said bill and report were referred to the by a report (No .. 673); which said bill and report were referred to House Calendar. the Private Calendar. He also, from the same committee, to which was referred the He also, from the same committee, to which was referred the bill of the House (H. R. 9143) to authorize the formation of bill of the Senate (S. 261) granting an increase of pension to Lizzie gua1·anty companies in the District of Columbia, reported the H. Hyndman, reported the same without amendment, accompanied same without amendment, accompanied by a i·eport (No. 693); by a report (No. 674); which said bill and report were referred to which said bill and report were referred to the House Calendar. · the Private Calendar. 1900. CONGRESSIONAL RECORD-HOUSE. 2957

Mr. MIERS of Indiana, from the Committ.ee on Invalid Pen­ Mr. BOREING, from the Committee on Pensions, to which was sions to which was referred the bill of the Senate (S. 1769) grant­ referred the bill of the House (H. R. 1381) granting a pension to ing a:i increase of pension to Henry Frank, reported the same with­ J. J. Angel, reported the same with amendment, accompanied by out amendment, accompanied by a report (No. 675); which said a re_port (No. 697); which said bill and report were referred to the , bill and report were referred to the Private Calendar. Private Calendar. He also, from the same committee, to which was referred the bill of the Senate (S. 1228) granting an increase of pension to CHANGE OF REFERENCE. Thomas Jordan, reported the same without amendment, accom­ Under clause 2 of Rule XXII, committees were discharged from panied by a report (No. 676); which said bill and i·eport were re­ the consideration of bills of the following titles; which were there­ ferred to the Private Calendar. unon referred as follows: Mr. GRAFF, from the Committee on Invalid Pensions, to which -A bill (H. R. 6352) granting a pension to Lizzie B. Leitch­ was referred the bill of the Senate (S. 2636) granting an increase Committee on Invalid Pensions discharged, and referred to the of pension to Mary E. Law, reported the sam~ withc;mt ~mend­ Committee on Pensions. ment accompanied by a report (No. 677); which said bill and A bill (H. R. 4400) for the relief of Frank E. Kellogg, collect-Or report were referred to the Private Calendar. of the Sixth internal-revenue district of Missouri-Committee on He also from the same committee, to which was referred the Claims diacharged, and referred to the Committee on the Judiciary, bill of th~ Senate (S. 677) granting an increase of pension toJeru­ sha W. Sturgis, reported the sam~ with~mt ~endment, accom­ panied by a report (No. 678); which said bill and report were ·PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS referred to the Private Calendar. INTRODUCED. He also, from the same committee, to which was referred the Under clause 3 of Rule XXII, bills, resolutions, and memorials bill of the Senate (S. 833) granting an increase of pension to Henry of the following titles were introduced and severally referred as Atkinson, reported the same without amendment, accompanied follows: by a report (No. 679); which said bill and report were referred to By Mr. LORIMER: A bill (H. R. 9596) to increase the pay of the Private Calendar. letter carriers-to the Committee on the Post-Office and Post­ Mr. GASTON, from the Committee on Invalid Pensions, to Roads. which was referred. the bill of the Senate (S. 1264) granting an By Mr. BISHOP: A bill (B. R. 9597) in reference to the civil increase of pension to James A. Southard, reported the same with­ service and appointments thereunder-to the Committee on Re­ out amendment, accompanied by a report (No. 680); which said form in the Civil Service. bill and report were referred to the Private Calendar. By Mr. WILSON of Arizona: A bill (H. R. 9598) to authorize Mr. SULLOWAY, from the Committee on Invalid Pensions, to the entry, location, operation, and development of mineral lands which was referred the bill of the Senate (S. 2742) restoring to on the Indian reservations in the Territory of Arizona, and for the pension roll the name of An?ie A. Gibson, reported the sa~e other purposes-t-0 the Committee on Indian Affairs. without amendment, accompamed by a report (No. 681); which By Mr. WILSON of Idaho: A bill (H. R. 9599) prohibiting· the said bill and report were referred to the Private Calendar. establishment or extension of forest reserves in the State of Idaho Mr. SAMUEL W. SMITH, from the Committee on Invalid Pen­ except by act of Congress-to the Committee on the Public Lands. sions, to which was referred the bill of the Senate (S. 3017) grant­ By Mr. KLEBERG: A bill (H. R. 9600) for the construction of ing an increase of pension to Julia M. Edie, reported the same a sheltered waterway along the coast of Texas, and so forth-to without amendment, accompanied by a report (No. 682); which the Committee on Rivers and Harbors. said bill and report were referred to the Private Calendar. By Mr. RAY of New York: A joint resolution (H.J. Res. 202) Mr. HOFFECKER. from the Committee on Invalid Pensions, to proposing an amendment to the Constitution of the United States­ which was referred the bill of the Senate (S. 2351) granting an in­ to the Committee on the Judiciary. crease of pension to Joseph W. Skelton, reported the same without By Mr. SHOWALTER: A joint resolution (H.J. Res. 203) pro­ amendment, accompanied by a report (No. 683); which said bill posing an amendment to the Constitution of the United States and report were referred to the Private Calendar. prohibiting polygamy and polygamous cohabitation within the Mr. GRAFF, from the Committee on Claims, to which was re­ bounds of a State or Territory of the United States-to the Com­ ferred the bill of the House (H. R. 9315) directing the issue of mittee on the Judiciary. duplicate of lost check drawn by C. C. Sniffen, major, United By Mr. BURTON: A resolution (H. Res. 181) authorizing and States Army, in favor of Fourth National Bank, New York City, directing the Clerk of the House to pay Harris A. Walters the dif­ reported the same with amendment, accompanied by a report ference between his pay as a folder and that of a messenger-to (No. 684); which said bill and report were 1·eferred to the Private the Committee on Accounts. Calendar. By Mr. WILSON of Idaho: A resolution (H. Res. 182) calling He also, from the same committee, to which was referred the upon the Secretary of the Interior for information relative to the bill of the House (H. R. 155) for the relief of L. 0. Maddux, doing creation of forest reserves within the limits of land grants to rail­ business as Maddux, Hobart & Co., reported the same without road companies-to the Committee on the Public Lands. amendment, accompanied by a report (No. 685); which said bill By Mr. ADAMS: A resolution (H. Res. 183) relative to making and report were referred to the Private Calendar. H. R. 1027 a special order for Tuesday, April 10, 1900-tothe Com­ He also, from the same committee, to which was referred the mittee on Rules. bill of the Senate (S. 165) for the relief of Robert J. Spottswood By Mr. MOODY of Massachusetts: A resolution (H. Res. 184) and the heirs of William C. McClellan, deceased, reported the relative to the employment of an assistil'nt chief clerk-to the same without amendment, accompanied by a report (No. 686); Committee on Accounts. which said bill and report were referred to the Private Calendar. Mr. UNDERHILL, from the Committee on Claims, to which was referred the bill of the House (H. R. 8032) to reimburse PRIVATE BILLS AND RESOLUTIONS INTRODUCED. J. A. B. Miles, E. D. Kelly, and :(tawlings Webster, reported the Under clause 1 of Rule XXII, private bills and resolutions of same without amendment, accompanied by a report-(No. 687); the following titles were introduced and severally referred as which said bill and report were referred to the Private Calendar. follows: Mr. JENKINS, from the Committee on the District of Colum­ By Mr.ATWATER (by request): A bill (H. R. 9601) for· the bia, to which was referred the bill of the House (H. R. 5140) to relief of the estate of Vasti Smith, deceased, of Wake County, confirm title to lot 1, square 1113, in Washington, D. C., reported N. C.-to the Committee on War Claims. the same without amendment, accompanied by a report (No. 692); By Mr. ALLEN of Mississippi: A bill (H. R. 9602) for the relief which said bill and report were referred to the Private Calendar. of t:ae estate of J. K. Morrison, deceased, late of Tishomingo Mr. LOUDENSLAGER, from the Committee on Pensions, to County, Miss.-to the Committee on War Claims. which was referred the bill of the Senate (S. 2942) granting an By Mr. ALDRICH: A bill (H. R. 9603) for the relief of Mrs. increase of pension to William Padgett, reported the same with L. J. Harvill, Dallas County, Ala.-to the Committee on War amendment, accompanied by a report (No. 694); which said bill Claims. and report were refe!'red to the Private Calendar. By Mr. BOREING: A bill (H. R. 9604) for the relief of Mrs. Mr. CRAWFORD, from the Committee on Pensions, to which Fannie R. Pierce, of Cane Valley, Adair County, Ky.-to the Com­ was referred the bill of the House (H. R. 3224) granting a pension mittee on War Claims. to Jeremiah B. Moore, reported the same with amendment, accom­ Also, a bill (H.·R. 9605) for the relief of W. H. Langdon, High­ panied by a report (No. 695); which said bill and report were knob, Clay County, Ky.-to the Committee on Invalid Pensions. referred to the Private Calendar. Also, a bill (H. R. 9606) granting a pension to John W. Turpen, Mr. BROMWELL, from the Committee on Pensions, to which of Columbia, Adair County, Ky.-to the Committee on Invalid was referred the bill of the House (H. R. 4368) for the relief of Pensions. . Flora B. Hinds, reported the same with amendment, accompanied By Mr. BURNETT: A bill (H. R. 9607) granting a. pension to by a report (No. 696); which said bill and report were referred to Thomas Nelson of Company G, Second Regiment •United States the Private Calendar, Volunteer Infantry-to the Committee on Invalid Pensions, 2958 CONGRESSIONAL RECORD-HOUSE. MARCH 15,

Also, a bill (H. R. 9608) for the relief of Josiah J. Jones, of! reorganization of the consular service-to the Committee on For- Franklin County, Ala.-to the Committee on War Claims. eign Affairs. Also, a bill (H. R. 9609) for the relief of the estate of James M. Also, petition of the Equal Suffrage Association of Utah, in Smith, deceased-to the Committee on War CJaims. .,.._ favor of woman snfErage in our new possessions-to the Commit- Also, a bill (H.' R. 9610) for the relief of the estate of D. M. tee on the Territories. ~ -+ Sparks, deceased-to the Committee on War Claims. By Mr. BELLAMY: Petition of Hartranft Post, No. 40, of Char- By Mr. BANKHEAD: A bill (H. R. 9611) for the relief of H. lotte, Grand Army of the Republic, Department of North Caro­ w. Jones, of Oregon.fa, Ala.-to the Committee on War Claims. lina, in favor of Honse bill No. 7094, for the establishment of a By Mr. CUSACK: A bill (H. R. 9612) granting a pension to Branch Soldiers' Home at or near Johnson City, Tenn.-to the Mary J. Oxley-to the Committee on Invalid Pensions. Committee on Military Affairs. By Mr. GRIFFITH: A bill (H. R. 9613) granting an increase of By Mr. BOREING: Papers to accompany House bill for the re- pension to John Johnson-to the Committee on Invalid Pensions. lief of John W. Turpin-to the Committee on Invalid Pensions. Also, a bill (H. R. 9614) correcting the military record of· By Mr. BRENNER: Petitions of Carlton Baer Post, No. 516, William McFarland-to the Committee on Military Affairs. Veteran Post No. 5, Grand Army of the· Republic, Department By Mr. GRAHAM: A bill (H. R. 9615) for the relief of Jennie of Ohio, in support of House bill No. 7094, entitled "A bill to es­ E. Haller, widow and administratl'ix: of Samuel M. Haller, de- tablish a Branch Soldiers' Home at or near Johnson City, Wash- ceased-to the Committee on War Claims. ington County, Tenn."-to the Committee on Military Affairs. By Mr. HAMILTON: A bill (H. R. 9616) granting an increl;lse Also, petition of C.H. Hecker and other citizens of Euphemia, of pension to Anson Lewis-to the Committee on Invalid Pensions. Ohio, against the passage of Honse bill No. 6071, relating to By Mr. HENRY of Mississippi: A bill (H. R. 9617) for the re- second-class mail matter-to the Committee on the Post-Office and lief of Lewis Jones, of Hinds County, Miss.-tothe Committee on Post-Roads. War Claims. AJso, petition of A. A. Neanove and others, of Trenton and By Mr. KITCHIN: A bill .(H. R. 9618) for relief of heirs of Seven.mile, Ohio, in favor of the bill to tax oleomargarine-to William Davis and William If.. Flynt-to the Committee on War the Committee on Agriculture. · . ClaimB. By Mr. BROSIUS: Resolutions of William H. Childs Post, ...o. By Mr. LANE: A bill (H. R. 9619) toreimburseJ. M. Kemble- 226, and Stevenson Post, No. 517, Grand Army of the Republic, to the Committee on Claims. · of Marietta, Pa., in favor of House bill No. 7094-to the Commit- By Mr. POLK: A bill (H. R. 9620) granting a pension to Dr. tee on Military Affairs. . J Albert S. Cummings-to the Committee on Invalid Pen&ions. By Mr. BURKETT: Resolutions of Farragut Post, No. ·25, By Mr. RICHARDSON: A bill (H. R. 9621) for the relief of I Grand Army of the Republic, of Lincoln, Nebr., in favor of House Joseph B. Johnson, of Lincoln County, Tenn.-to the Committee bill No. 7094, to establish a Branch Soldiers' Home atornearJohn- on War Claims. son City, Tenn.-to the Committee on Military Affairs. By :Mr. RIDGELY: A bill (H. R. 9622) granting a pension to By Mr. BUTLER: Protest of citizens of Phcenixville, Pa., Mary E. Welsh-to the Committee on Invalid Pensions. against the passage of the Loud bill-to the Committee on the Also, a bill (H. R. 9623) granting an increase of pension to Post-Office and Post-Roads. Joseph Disney-:-to the Committee on Invalid Pensions. By Mr. CONNELL: Petitions of MissSelinaParsonsandothers, By Mr. RANSDELL: A bill (H. R. 9624) for the relief of Mary A. of Scranton, and N. E. Stone and others, of Montdale, Pa., in opposi­ Dennis, formerly McFn.rland-to the Committee on War Claims. ti on to the passage of House bill No. 6071, relating to second-class AJso~ a bill (H. R. 9625) for the relief of the estate of J. S. Doug- mail matter-to the Committee on the Post-Office and Post-Roads. lass, deceased, late of Tensas Parish, La.-to the Committee on By Mr. CURTIS: Resolution of Hiawatha Post, No.130, Grand War Claims. Army of the Republic, Department of Kansas, in support of House Also, a bill (H. R. 9626) for the relief of the estate of Mrs. Mary bill No. 7094, entitled "A bill w establish a Branch Soldiers' Morgan, late of Carroll Parish, La.-to the Committee on War Home at or near Johnson City, Washington County, Tenn."-to Claims. the Committee on Military Affairs. · By Mr. RUSSELL: A bill (H. R. 9627) for the relief of Samuel Also, petition of J.E. Watkins, Strickler & Son, and others, of B. Horne-to the Committee on Military Affairs. Leavenworth County, Kans., favoring the Grout bill, relating to By Mr. SHERMAN: A bill (H. R. 9628) granting an increase oleomargarine-to the Committee on Agriculture. of pension to John Morris-to the Committee on InvalidPensions. By :Mr. CUSACK: Petitions of A.G. Clark and others, P. F. By Mr. TAYLOR of Alabama: A bill (H. R. 9629) for the relief Schaefer, and F. C. Reed and others, of Chicago, Ill., forthe repeal of the Selma and Meridian Company-to the Committee on of the stamp tax on medidnes, pel"fumery, and cosmetics-to the Claim&. Committee on Ways and Means. By Mr. WILLIAMS of Mississippi: A bill (H. R. 9630) for the By Mr. DALZELL: Resolutions of McPherson Post, of Pitts- relief of the estate of M. T. Sigrest, deceased, late of Scott County, burg, Pa., and Major w ..G. Lowry Post, of Wilkinsburg, Pa., Miss.-to the Committee on War Claims. Grand Army of the Republic, in favor of a bill locating a Branch By Mr. YOUNG: A bill (H. R. 9631) for the relief of Capt. Soldiers' Home near Johnson City, Tenn.-to the Committee on Martin Hammer-to the Committee on War Claims. Military Affairs. . Also, petition of Mary Holmes and others, of Idlewood and vicin­ ity, against the passage of the Loud bill-to the Committee on the PETITIONS, ETC. Post-Office and Post-Roads. Under clause 1 of Rule XXII, the following petitions and papers By Mr. DAVEY: Petition of Post No. 15, Grand Army of the were laid on the ClerJr's desk and referred as follows: Republic, Department of Louisiana and Mississippi, in support of By the SPEAKER: Protests of George Barton and others, of the House bill No. 4742, to provide for the detail of active and re­ Durango; J; P. Kirchen, of Cascade; H. F. Purcell, of Ackley; tired officers of the Army and Navy to assist in mill tary education Gonner Bros., of Dubuque; Mrs. Elizabeth Rice and others, of in public schools-to the Committee on Military Affairs. Hazleton and Fairbanks, Iowa, against the passage of the Loud By Mr. DOLLIVER: Petitions of F. T. Hacker and other citi­ bill relating to second-class mail matter-to the Committee on zens of Rodman; F. J. Mabie and others, of Curlew; W. H. Pru­ the Post-Office and Post-Roads. ter, jr., and others, of West Side; R. S. Bergsother and others, of Also, petitions of C. C. Hoag and other citizens of Oneida, Iowa; Norman, and A. J. Johnson and others, of Graettinger, State of A. Richards and others, of Galt, Iowa; D. G. McFarland and Iowa, favoring the bill relating to dairy and food products-to the others, of Winthrop, Iowa, favoring the passage of the Grout Committee on Agriculture. . . oleomargarine bill-to the Committee on Agriculture. • Also, petition of A.H. Rudd, of Dow City, Iowa, a~ainst the Also, petition of Fairbanks Post, Grand Army of the Republic, p~ssage of House bill No. 6071, known as the L.oud bill-to the of Alden, Iowa, indorsing Honse bill No. 7094, for the location of Committee on the Post-Office and Post-Roads. a Branch Soldiers' Home at Johnson City, Tenn.-to the Commit­ By Mr. EMERSON: Protest of E. L. Hanks and others, of tee on Military Affairs. Warrensburg, N. Y., against the passage of the Loud bill relating By Mr. BABCOCK: Petition of citizens of Baraboo, Wis., against to second-class mail matter-to the Committee 011 the Post-Office the passage of the Loud bill relating to second-class mail mat­ and Post-Roads. ter-to the Committee on the Post-Office and Post-Roads. By Mr . .ESCH: Resolution of the board of directors of the Wis­ By Mr. BELL: Petition of Chal'les H. Green, of Del Norte, consin Humane Society, protesting against the passage of bill Colo., favoring G;overnment distribution of vaccine, etc.-to the extending the limit of time for holding live stock in transit from Committee on Agriculture. . twenty-four to forty hours-to the Committee on Interstate and Also, petitfon of J. P. Truscott and other citizens of Salida, Foreign Commerce. . Colo., urging the passage of the Grout bill taxing oleomargarine- Bv Mr. FITZGERALD of Massachusetts: Petition of Herbert to the Committee on Agriculture. . . . _ M. Hutchinson and others, of Boston, Mass., for the repeal of the Also, petition of the Chamber of Commerce and Board of Trade tax on medicines, perfumery, and cosmetics-to the Committee of Denver, Colo., relative to House bill No. 7091, providing for a on Ways and Means. ' ·· 1900. CONGRESSIONAL RECORD-HOUSE. 2959

By Mr. GAMBLE: Resolutions of Union No. 153, of Sioux Also, petitions of the Western Butter Company, W. H. Hazzard, Falls, S. Dak., Cigar Makers' International Union of America, Thomas A. Try, and James A. Clark, all of Omaha, Nebr., pro­ favoring the passage of House bill No. 6882, relating to hours of .testing against the passage of House bill N'o. 8754, placing a tnx labor on public works, and House bill No.,5450, for the protection on process butter and licensing manufacturers and-dealers-oo of free lab~r against prison Jabor-to the Committee on Labor. the Committee on Ways and Means. .. .. Also, petition of A. M. Olman and 19 cit1zens of Garretson, By Mr. MILLER: Petition of citizens of Lyndon, Kans., in favor S. Dak., favoring the passage of House bill No. 3717, placing a of the Grout bill taxing oleomargarine-to the .Committee on tax on oleomargarine and giving the State jurisdiction over imi­ .. A.gricul ture. tations of dairy products-to the Committee on Ways and Means. Also, resolutions of Pollock Post, No. 42, and certain other By Mr. GRAHAM: Petition of the Globe Varnish Company, of Grand Army of the Republic posts of Kansas, indorsing House Pittsburg, Pa.! together with resolutions of a convention of bill No. 7094, for the location of a Branch Soldiers' Home at John­ American Newspaper Publishers' Association, and article from son City, Tenn.-to the Committee on Military-Affairs. the New York Sun, urging the passage of House bill No. 5765, By Mr. MINOR: Petitions of citizens of Stevens Point, Cm1ter, known as the Russell bill, relating to the revenue tax on alcohol Ellis, Sheridan, Plover, Amherst, and Iola, Wis., in favor of the in manufactures, etc.-to the Committee on Ways and Means. Grout bill taxing oleomargarine-to the Committee on Agricul- Also, petition of the Eighth United ~resbyterian Church of ture. · · Allegheny, Pa., urging a clause in the Hawaiian constitution for­ Also, protest of John Thomas and 15 citizens of Centralia, Wis., bidding the manufacture and sale of intoxicating liquors and a against the passage of the Loud bill-to the Committee on the prohibition of gambling and the opium trade-to the Committee Post-Office and Post-Roads. on the Terri tories. By Mr. MOODY of Massachusetts: Petition of citizens of Lanes­ By Mr. GRIFFITH: Petition and papers to accompany House ville and Bay View, Mass., against the passage of the Loud bill­ bill to correct the military i·ecord of William McFarland-to the to the Committee on the Post-Office and Posf-Roads. Committee on Military Affairs. Also, petition of the Bricklayers and Masons' International Union Also, resolution of Jefferson Pomona Grange, No. 22, of Indi­ of America, in favor of a constitutional amendment giving the ana, in favor of Senate bill No. 1439, relating to an act to regulate right of franchise to women-to the Qommittee on the Judiciary. commerce-to the Committee on Interstate and Foreign Commerce. By Mr. NEEDHAM: Resolution of the Chamber of Commerce Also, petition of Col. R. E. Slater, publisher, Mand Harding, of Santa Ana, Cal., recommending the publication of a bulletin by and 15 other citizens of Newpoint, Ind., in opposition to the pas­ the Agricultural Department, relating to the curl leaf in peaGhes- sage of House bill No. 6071, relating to second-class mail matter­ to the Committee on Agriculture. . to the Committee on the Post-Office and Post-Roads. By Mr. NORTON of South Carolina: Resolutions of the Kansas By Mr. HENRY of Connecticut: Petition of D. C. Rodman Posti City Live Stock Exchange, against the passage of bills adverse to No. 65, of East Hartford, Conn., Grand Army of the Republic, in the live-stock industry-to the Committee on Interstate and For­ favor of House bill No. 7094, for the establishment of a Branch eign Commerce. Soldiers' Home at or nea1·JohnsonCity, Tenn.-to the Committee Also, petition of presidents of colleges and others in Columbia, on Military Affairs. S. C., against the passage of the Loud bill-to the Committee on By Mr. HOFFECKER: Petition of Gen. W. S. Hancock Post, the Post-Office and Post-Roads. No. 29, of Smyrna·, Del:, Grand Army of the Republic, favoring By Mr. OVERSTREET: Petition of Grand Army of the Repub­ the establishment of a Branch Soldiers' Home for disabled soldiers lic post of Lawrence, Ind.; and Hovey Post, 559, of Indianapolis, at or near Johnson City, Tenn.-to the Committee on Military Ind., favoring the passage of House. bill No. 7094-to the Commit­ Affairs. · tee on Military Affairs. By Mr. HOPKINS: Petitions of N. H. Webster and others, of By Mr. PAYNE: Petitions of Mrs. Annie Newland and others, Hinsdale; E. C. Richards and others, of Nunda, Ill., in favor of of Guyunoga; Fred L. -Hayward and others, of Fair Haven and the Grout bill taxing oleomargarfae-to the Committee on Agri­ vicinity; Mrs. E. l\I. Jones and others, of Clyde; also other citizens culture. in the State of New York, against the passage of House bill No. By Mr. HOWELL: Protests of Charlotte Futz and other· citi­ 6071, relating to second-class mail matter-to the Committee on zens of North Plainfield, Hamilton, and vicinity, State of New the Post-Office and.Post-Roads. Jersey, against the passage of the Loud bill-to the Committee on By Mr. POLK: Papers to accompany House bill granting a the Post-Office and Post-Roads. pension to Dr. A.. S. Cummings-to the Committee on Invalid By Mr. JETT: Protest of Cora Sharp and 15 others, of Windsor, Pensions. Ill., against the Loud bill-to the Committee on the Post-Office Also, petition of Grand Army of the Republic post at Catawissa, and Post-Roads. P~., favoring the passage of House bill No. 7094-to the Commit­ By Mr. KERR: Petition of A. F. Reynolds and others, of Kip· tee on Military Affairs. ton, Ohio, in favor of the Grout bill taxing oleomargarine-to the By Mr. RAY of New York: Petition of citizens of Triangle, Committee on Agriculture. Broome County, N. Y., in favor of the Grout bill taxing oleomar­ Also, petition of H. E. Oi:;ter and other citizens, of Mansfield garine, etc.-to the_Committee on Agriculture. and Henrietta, Ohio, against the passage of the Loud bill-to the Also, protests of George H. Jenkins and others, of Hobart, and Committee on the Post-Office and Post-Roads. citizens of ·Sidney, Binghamton, Owego, Bennettsville, Ithaca, By Mr. LITT A.UER: Protest of A. Conover and others, of Glov­ Bainbridge, and Port Crane, N. Y., against the passage of House ersville, N. Y., against the passage of the Loud bill relative to bill No. 6071, relating to second-class mail matter-to the Com- second-class mail matter-to the Committee on the Post-Office and mittee on the Post-Office and Post-Roads. - Post-Roads. · By ·Mr. RHEA of Kentucky: Petitions of John Morrow Post, Also, petition of Charles W. Ferris and others, of Wayville, No. 108, of Russellville, Ky., and Captain· Huway Post, No. 88; of N. Y., favoring the Grout bill relating to oleomargarine-to the Bowling Green, Ky., Grand Army of the Republic, favoring the Committee on Agriculture. establishment of a Branch Soldiers' Home for disabled soldiers at Also, protest of Jacob Green and others, of Hermon, N. Y., in or near Johnson City, Ten~.-totheCommitteeonMilitary Affairs. opposition to the passage of House bill No. 6071, relating to second­ By Mr.RUCKER: PetitionsofO. H. WoodPost,No.57; Samuel class mail matter-to the Committee on the Post-Office and Post­ Lewis Post, No. 370, and Phil Kearny Post, No. 19, Grand Army Roads. of the Republic, Department of Missouri, favoring the location of By Mr. McCALL: Resolutions of Robert A. Bell Post, No.134, a Branch Soldiers' Home at Johnson City, Tenn.-to the Commit­ of Boston, Mass., Grand Army of the Republic, in favor of House tee on Military Affairs. bill No. 7094, for the establishment of a Branch Soldiers' Home By Mr. RUSSELL: Papers to accompany House bill for the re­ at or nmr Johnson City, Tenn.-to the Committee on Military lief of Samuel B. Horne-to the Committee on Military Affairs. Affairs. · Also, petition of W. P. Shippee and citizens of East Killingly, By Mr. McPHERSON: Petitions of D. W. Wood and 42 citizens Conn. , and North Foster, R. I., against the passage of the Loud of Fontanelle; A. L. Hager and 40 others,-of Greenfield; C. W. bill relating to second-class mail matter-to the Committee on Latimer and 36 others, of Elliott; Park & Son and 39 others, of the Post-Office and Post-Roads. · Yale, Iowa, favoring the passage of the Grout oleomargarine By Mr. SHERMAN: Protests of E. W. Bretch, of Lafarge­ bill-to the Committee on Agriculture. ville; Lilly White, of Sanquoit; Lillia M. Smith, of Clinton; F. C. By Mr. MERCER: Petition of Street & Smith, New York City, Hetting, of Durhamville; R. E. Lawrence, of Vernon Center, and N. Y., in opposition to the passage of House bill No. 6071, relat­ W. H. Taft, of Bernards Bay, and others, in the State of New ing to second-class mail matter-to the Committee on the Post­ York, against the passage of House bill No. 6071, relating to Office and Post-Roads. second-c1ass mail matter-lo the Committee on the Post-Office Also, resolutions of George Crook Post, No. 262, and Dahlgren and Post-Roads. Post, No. 55, Grand Army of the Republic, Department of Ne­ By .Mr. SHOWALTER: Petitions of New Castle Post, No. 100, braska, in support of House l>ill No. 7094, entitled "A bill to estab­ and Beaver Valley Post, No. 16-i, Grand Army of the Republic, lish a Branch Soldiers' Home at or near Johnson City, Washing­ praying for the passage of House bill No. 7094-to the Committee ton County, Tenn."-to the Committee on Military Affairs. on Military A.ff airs. ,..

./ \ . ,, 2960 CONGRESSIONAL RECORD-SENATE. MARCH 16,

By Mr. SAMUEL W. SMITH: Petition of Emma R. Elliott and The PRESIDING OFFICER. Under the order of the Senate others, Nina Ayers and others, Ge~rge Houghto~ and ot~er~, and the Secretary will proceed with the reading of the bill. Lydia Elder and others, of the Sixth CongresSIC!nal district of 'fhe Secretary resumed the reading at chapter 12, page 490, and, Michjgan, in opposition t? the passage of House .bill No. 6071, re­ at 12 o'clock m., concl~ded the reading of the bill. · lating to second-class mail matter-to the Committee on the Post­ Office and Post-Roads. MERCH.ANDtsE IMPORTED FROM GERM.ANY, By :Mr. SNODGRASS: Protest of E. L. Rippey and others, of The PRESIDENT pro tempore laid before the Senate a com­ Westmoreland, Tenn., against the pa-ssage of the Loud bill-to munication from the Secretary of State, transmitting a dispatch the Comnrittee on the Post-Office and Post-Roads. from the ambassador of the United States at Berlin relative to By Mr. SPALDING: Petition of Post No. 4, Department of the complaints of the German Government, presented by its am­ North Dakota, Grand Army of the Republic, urging the passage bassador at Washington, against the existing customs regulations of Senate bill No. 1716 and House bill No. 4742, to amend section of the United States applicable to merchandise imported from 1225 of the Revised Statutes, to provide for the detail of active and Germany; which, with the accompanying papers, was referred to retired officers of the Army and Navy to assist in military instruc­ the Committee on Finance, and ordered to be printed. tion in public schools-to the Committee on Militia. Also, petition of A. P. Trockstad, of Hillsboro, N_. Dak., in op­ QUARTERMASTER SUPPLIES. position to the passage of House bill No. 6071, relating to second­ The PRESIDENT pro tempore laid before the Senate a commu­ class mail matter-to the Committee on the Post-Office and Post­ nication from the Secretary of War, transmitting a copy of an act Roads. passed bythe Senate June.14, 1898, repealing so much of the act Also, petition of A. E. Howe and other post-office employees of of July 31, 1876, as forbids publishing in the District of Columbia Fargo, N. :bak., favoring the passage of House bill No. 4351-to certain advertisements for contracts and recommending a renewal the Committee on the Post-Office and Post-Roads. of such legislation; which, with the accompanying papers, was Also resolution of Red River Millers' Club~ of North Dakota referred to the Committee on Military Affairs, and ordered to be and . n~rthwestern Minnesota, urging the passage of Senate bill printed. No. 1439, known as the Cullom bill-to the Committee on Inter­ TRAVEL PAY .AND COMMUTATION OF SUBSISTENCE. state and Forejgn Commerce. The PRESIDENT pro tempore laid before the Senate a commu­ Also·, petition of the Equal Suffrage Association of North Da­ nication from the Secretary of War, transmitting, in response to kota, favoring the sixteenth amendment. to the Consti~?on, a rnsolution of the 2d instant, letters from the Adjutant-General granting suffrage to women-to the Committee on the Judiciary. of the Army and the Paymaster-General of the Army relative to ~ By Mr. SULLOWAY: Protest of Miss Nellie McMillan and 15 the amount of money expended in the payment of travel pay and ~ others, of Nashua, N. H., against the passage of House bill No. commutation of subsistence to officers and soldiers retw·ning from 6071, relating to second-class mail matter-to the Committee on the Philippine Islands to the United States, etc.; which, with the the Post-Office and Post-Roads. accompanying papers, was referred to the Committee on Military I By Mr. WEEKS: Petition of Lapeer, Mich., relating to the gov­ Affairs, and ordered to be printed. ; ernment of the Hawaiian Islands-to the Committee on the Ter- ritories. · BIG HOLE BATTLEFIELD, IN MONTANA. Also, protest of J.C. Ryan, of Ubly, an~ citizens of Port ~uron, The PRESIDENT pro tempore laid before the Senate a commu­ Mich., against the passage of House bill No. 6071, relating to ~ nication from the Secretary of War, transmitting, in response to ; second-class mail matter-to the Committee on the Post-Office and a resolution of the 8th ultimo, copies of reports from the Quarter­ Post-Roads. mAster-Genera.l and the Adjutant-General of the Army relative . Also, protest of 0. G. Smith, cha~rman of publish~rs' committee, to the legal subdivisions of land over which the battle of the Big . against the passage of the Loud bill-to the Committee on Inter- Hole, in Montana, was fought in 1877,etc.; which, with the accom­ 4 state and Foreign Commerce. . panying papers, was referred to the Committee on Military Affairs, ' By Mr. WILSON of Arizona: Petition of the Equal Suffrage anq ordered to be printed. Association of Arizona, favoring woman suffrage in our new pos­ sessions-to the Committee on the Territories. YELLOWSTONE NATIONAL PARK, By Mr. YOUNG: Petition of the Michigap. State Millers' Asso­ The PRESIDENT pro tempore laid before the Senate a commu­ •t; ciation, in favor of certain amendments to the interstate-commerce nication from the Secretary of War, transmitting, in response to act-to the Committee on Interstate and Foreign Commerce. a resolution of the 12th instant, a letter from the Chief of Engi­ , Also, petitions of Courtland Saunders Post, No. 21, and Gener:al neers, United States Army, together with copies or originals of all Thomas C. Devin Post, No. 363, Grand Army of the Repubhc, reports, relative to improvements in the Yellowstone National Department of Pennsylvania, in support of House bill No. 7094, Park, the present condition and appropriate plans for the devel­ entitled "A bill to establish a Branch Soldiers' Home at or near opment of the system of roads in the park; which, with the accom­ Johnson City, Washington County, Tenn."-to the Committee on panying papers, was referred to the Committee on Military Affairs, Military Affairs. and ordered to be printed. Also petitions of Street & Smith, of New York, in opposition to the pa~sage of House bill No. 6071, relating to second-class mail MESSAGE FROM THE HOUSE. matter-to the Committee on the Post-Office and Post-Roads. A message from the House of Representatives, by Mr. W. J, By Mr. ZENOR: Petition of William Johnson Post, No. 430, BROWNING, its Chief Clerk, announced that the House had agreed Grand Army of the Republic, of Little York, Ind., for the loca­ to the amendment of the Senate to the bill (H. R. 5299) granting tion of a Branch Soldiers' Home at Johnson City, Tenn.-.-to the an increase of pension to Joseph McCune. Committee on Military Affairs. The message also announced that the House had passed the fol­ lowing bill and joint resolution: A bill (S. 2279) declaring Cuivre River to be not a navigable SENATE. stream; and . FRIDAY, March 16, 1900. A joint resolution (S. R. 91) authorizing the printing of extra copies of the publications of the Office of Naval Intelligence, Navy The Senate met at 10 o'clock a. m. Department. · - Prayer by Rev. STOWELL L. BRYANT, of the city of Washington. The message further announced that the House had passed the The Secretary proceeded to read the Journal of yesterday's pro- following joint resolutions; in which it requested the concurrence ceedings, when, on motion of Mr. CARTER, and by unanimous con­ of the Senate: sent, the further i·eading was dispensed with. A joint resolution (H.J. Res. 159) to amend joint resolution tQ The PRESIDENT pro tempore. The Journal, without objec­ furnish the daily CONGRESSIONAL RECORD to members of the tion, will stand approved. Will the Senator from Montana take press, etc., approved February 17, 1897; and the chair? A joint resolution•(H. J. Res. 204) to provide for the removal Mr. CARTER. Certainly. of snow and ice in the city of Washington, in the District of Mr. FRYE. I ask unanimous consent that the morning hour Columbia. may commence at 12 o'clock. The message also announced that the House had passed a con­ The PRESIDING OFFICER (Mr. CARTER in the chair). The current resolution to print 25,000 copies of so much of the Report Senator from Maine asks unanimous consent that the morning of thE' First Assistant Postmaster-General for the fiscal year ended ' hour shall begin at 12 o'clock to-day. In the absence of obJection, June 30, 1899, as relates to the rural free-delivery service; in which such will be the order, The consideration of the Alaskan bill will it requested the concurrence of the Senate. be resumed. \ CIVIL GOVERNMEi.~T FOR .ALASKA. PETITIONS A.ND MEMORIALS. The Senate, as in Committee of the Whole, resumed the con- Mr. PLATT of New York presented a petition of Fulton Counp, siderationof the bill (S.3419) making further provision for a civil Typographical Union, No. 268, of Gloversyille, N: Y., and ?i peh• government for Alaska, and for other purposes. tion of Local ·Union No. 233, Typographical Umon, of Niagara