4312 _CONGRESSIONAL RECORD-HOUSE. APRIL 17, - States except in this, that I believe in an ejectment suit an alien Mr. BATE. It is nearly 5 o'clock, and I ask the Senator if he plaintiff could not recover on the strength of his own title. will give way for a motion? Mr. TELLER. Then let it rest there. Mr. STEWART. That is entirely agreeable to me. There is Mr. CARTER. But there may be other suits than ejectment. not a full Senate now. There may be suits to quiet title. I believe that the man who Mr. BATE. I move that the Senate proceed to the considera­ claims a right under the laws of the United States, and who is tion of executive business. notoriously known not to be qualified to exercise it, should suffer Mr. STEWART. I will retain the floor and address the Senate the plaintiff for defendant, or the other party to the action, to put when the subject comes up again. that question in issue and have it determined. I offer this sug­ The PRESIDING OFFICER. The Senator from Tennessee gestion-- moves that the Senate proceed to the consideration of executive· Mr. NELSON. Will the Senator from Montana allow me to business. interrupt him? The motion was agreed to; and the Senate proceeded to the con­ The PRESIDING OFFICER. Does the Senator from Montana sideration of executive business. After five minutes spent in ex· yield? · ecutive session the doors were i·eopened, and (at 5 o'clock p. m.) Mr. CARTER. It is something that I hoped might be accepted the Senate adjourned until to-morrow, Wednesday, April 18, 1900, by both sides. I think no violence will be done by allowing the atJ2 o'clock m. question t6 be raised in actions hereafter. Mr. NELSON. Will the Senator allowmetoaskhim a question? Mr., CARTER_. Certainly. NOMINATION. Mr. TELLER. Let me say that the Senator's amendment goes Executive nomination 1·eceived by the Senate April 17, 1900. beyond that. COMMISSIONER FOR A.LA.SKA. Mr. NELSON. I was about to remark that the Senator's amend­ ment is clearly retroactive. If he has only one purpose to sub­ Hiram H. Folsom, of Alaska, to be commissioner in and for th~ serve, you can put it in a few words and say that hereafter no per­ district of Alaska, to reside at Juneau, vice Norman E. Malcolm, son who is not a citizen of the United States or has declared his resigned. intention to become a citizen shall be entitled to locate and to se­ cure a mining claim, and stop with that. CONFIRMATIONS. Mr. STEWART. I wish to suggest to the Senator that before the mining laws are radically changed without the consideration Executfre nom.inations confirmed by the Senate .Ap1·il 17, 1900. of a committee and in a running debate, nobody knowing what is GOVERNOR OF PORTO RICO. done, I propose to be heard at length. I am the author of the Charles H. Allen, of Massachusetts, to be the governor of Porto mining laws now in existence, every one of them. I drew them Rico. with my own hand, after submitting them to the miners, for years. PROMOTIONS IN THE MA.RINE-HOSPITAL SERVICE. I have been chairman of the Committee on Mines and Mining for many years. · If there is to be an amendment of the mining laws, Passed Asst. Surg. Thomas B. Perry, of Georgia, to be surgeon it is legitimate that it shall be considered by a committee ap­ in the Marine-Hospital Setvice of the United States. pointed for that purpose. I protest, and I want to be heard, and Passed Asst. Surg. Rell M. Woodward, of Indiana, to be surgeon I shall take some time. There is not time to-day, but I want a in the Marine-Hospital Service of the United States. couple of hours, it may be three hours. I do not propose to have MARSHAL, the ruining laws changed in this way. John B. Robinson, of Pennsylvania, to be marshal of the United Mr. CARTER. There is no objection to the suggestion of the States for the eastern district of Pennsylvania. Senator from Minnesota, unless the Senator from North Dakota objects. • COLLECTOR OF CUSTOMS. :Mr. STEWART. I have objection to tinkering with the min­ IsaiahJ. McCottrie, of South Carolina, to be collector of customs ing laws in this irregular way. It is too important. This billre­ for the district of Georgetown, in the State of South Carolina, lates to a civil code, and if we are to drag into it an amendment of the mining laws it should be considered by a committee, and I would not undertake to amend the mining laws without submit­ ting it to the miners, as was done before, sending it out and get­ HOUSE OF REPRESENTATIVES. ting comments on it. It took six years to get the information on TUESDAY, April 17, 1900. which the mining law of 1872 was formed. It was printed every year and thousands of copies sent out, and the result of what The House met at 12 o'clock m. Prayer by the Chaplain, Rev. came in was reprinted and sent out again for six years. To make BE~RY N. COUDEN' D. D. mining laws here when there is a misunderstanding all around, The Journal of the proceedings of yesterday was read and ap­ to make mining laws in a bill which is a civil code of procedure, proved. I shall protest against, and I want to be heard thoroughly against NA.VAL APPROPRIATION BILL. all interference with the mining laws in this way. Mr. FOSS. Mr. Speaker, I move that the House resolve itself It is perfectly evident that this is to fit a particular suit. Here into Committee of the Whole House on the state of the Union for is the affidavit of Mr. Hubbard, the attorney, offered by the Sen­ the further consideration of the naval appropriation bill; and ator from North Dakota. Mr. Hubbard swears as follows: pending that motion, I would like to ask my colleague upon the Olh'er P. Hubbard, being duly sworn, on oath says that he is a. citizen of other side if we can not agree upon a time to close general debate the United States, an attorney at law, engaged in the practice of his profes­ sion at Nome City, in the Cape Nome mining district, district of Alaska, to-day? United States of America; that he first went to Alaska in the spring of 1898; Mr. CUMMINGS. Mr. Speaker, those of my colleagues who that he is a. member of the law firm of Hubbard. Beeman & Hume, of Nome have used their hour agree with those who have not used their City, Alaska; that the members of the firm arP ::..dwin R. Beeman, formerly hour that the debate should last at least seven hours on our side. a practicing attorney of Minneapolis, Minn., and William I. Hume, formerly a practicing attorney a.t Portland, Oreg., and this atliant, formerly a prac­ Our side demand the full seven hours. If none of them are pre­ ticing attorney at Chicago, Ill. pared to speak, I suppose it would be in order to go on to the bill. Affiant says that the firm of Hubbard, Beeman & Hume are attorneys in Mr. FOSS. Would the gentleman agree to close the debate at a number of mining suits now pending m the United States district court for the district of Alaska; that among others are snits brought to recover 5 o'clock to-night, one half of the time to be controlled by the gen­ the possession of certain mining claims alleged to have been staked by alien tleman from New York [l\Ir, CUMMINGS] and the other half by Laplauders; that these claims were located by American citizens in the myself? months of November and December, 1S!J8. ' Mr. CUMMINGS. I will agree to close the debate at 5 o'clock And so on. He is attorney for these claimants. He has a suit if none of the members of the committee on this side of the House pending in the court, and here is an amendment to win that suit, desire to speak at that time. to take it out of that court or make a new rule for determining The SPEAKER. There has been no request for unanimous it. It is manifestly unjust to make any amendment to the min­ consent. ing laws that has not been considered by a committee. On that Mr. FOSS. I would like, Mr. Speaker, some agreement, if I can I desire to be heard to-morrow. I want a couple of hours so that get it, and I ask unanimous consent to close debate at 5 o'clock I can explain fully the history of the mining laws; and then yon to-night. will see the impropriety of tinkering with such an important sub­ The SPEAKER. · The gentleman from Illinois asks unanimous ject in this irregular way. consent that general debate upon this bill close at 5 o'clock to· Mr. BATE. I suggest the propriety of having the amendment night. printed. Mr. CUMMINGS. On behalf of my colleagues, the minority ot Mr. STEWART. Let the amendment be"printed. the committee, I feel constrained to object. The PRESIDING OFFICER. The amendment will be ordered The SPEAKER. Objection is made, and the question is on the printed, if there be no objection. The Chair hears no objection. motion of the gentleman from Illinois to go into Committee of 1900.