1888. CONGRESSIONAL RECORD-HOUSE. 7925

HOUSE OF REPRESENTATIVES. To Mr. ALLEN, of !Iassachusetts,·indefinitely, on acconntof sickness. To Mr. CAMPBELL, cf Ohio, for ten days. FRIDAY, .Augus~ 24, 1888. To Mr. BuTTERWORTH, for six days, on account of important busi­ The House was called to order at l2 o'clock m. by Mr. CRISP, as ness. Speaker pro tempore, who directed the reading of the following com­ To Mr. THOMAS H. n. BROWNE, for five days, on acoount of busi­ munication: ness. SPEAKER's RooM, HOUSE OF REPRESENTATIVES, APPRAISERS' WAREHOuSE, NEW YORK. Washington, D. C., August 24, 188S. Mr. DIBBLE. Mr. Speaker, I desira to present a conference report. Srn: Hon. C. F. CRISP is designated to preside nt the session of the House to- The report was read, as follows: day as Speaker pm tempore. · J. G. CARLISLE, Spea~r . The committee of conference on the disagreeing votes of the two Houses on Hon. JoHN B. CLARK, the amendments of the Senate to the bill of the House (1661) for the erection Clerk House of Rep.~·esentatives. of nn appraisers' warehouse in the city of New York, and for other purposes, hav­ ing met, after full c.nd free conference have agreed to recommend and do rec­ Prayer by Rev. J. H. CUTHBERT, D. D. ommend to their respective Houses as follows: The Journal of yesterday's proceedings was read and approved. That the House recede from its disagreement t{) the amendments of the Sen­ ate numbered 1. 2, 3, 4, 6, and 7, nnd agree to the same with the following amend­ ment: In lines 17 and 18 of the first page, strike out the words" seven hun­ UNITED PEORIAS AND MIAMIES. dred" and insert" six hundred and fifty;" and the Senate agree to the same. The SPEAKER pro tempore laid before the House the bill (H. R. 8074) That the House recede from its disagreement to the amendment of the Sen­ ate numbered 5, and agree to the same with an amendment as follows : Strike .... to provide for the allotment of lands in severalty to the United Peorias out the word "three" in said amendment and insert" two" in lieu thereof; and and Miamies in the Indian Territory with Senate amendments. the Senate agree to the same. SAMUEL DIBBLE, Mr. PERKINS. Mr. Speaker, I ask that the· Senate amendments s. s. cox, be non-concurred in, and that the conference asked for be agreed to. 1Ianage1·s on the part of the House. I would say in explanation that this bill provides for the allotment of JOHN C. SPOONER, lands in severalty to the United Peorias and Miamies in the Indian :WM. M. EVARTS, Territory. The bill in the first instance authorized the sale of land in JOHN W. DANIEL, excess of 260 acres, and that provision has been stricken out by the ~tanagers on the part of the Senate. Senate, and it confines the allotment to 200 acres and provides that The conferees on the part of the IIouse submitted the following state­ the excess shall be held for them. Then it also strikes from the orig­ ment: inal bill the proviso which authorizes the sale of the land which the The managers on the part nf the House on the disagreeing votes of the two Houses on the bill (H. R. 1661) for the erection of an appraisers' warehouse in Indians owned in Kansas. It has been found that these lands were the city of New York, and for other purposes, respectfully submit the following sold and that there is no necessity for that provision, and we ask that statement with the conference report, for the information of the House: the amendments be non-concurred in and the conference agreed to. All of the Senate amendments except the fift,h simply add words providing I for acquiring a. site by condemnation as well as by purchase, and to these the Mr. ADAMS. That was the reason that objected to it before. House agree, with an amendment changing $700,000 as the limit for the build­ Mr. HOOKER. I call for the reading of the amendments. 'ing to ~.000, elsewhere provided in the bill for buildin..... The Clerk proceeded to read the amendments. The fifth Senate amendment will be understood from the following explana­ tion: The bill provides for the purchase of a site not t{) exceed in cost 5850,000, Mr. HOOKER. I ask now that the further reading be dispensed and the erection of an appraisers' warehouse thereon, not to exceed in cost with. Does it require unanimous consent to consider this at this time? $650,000, and the House and Senate have not disagreed on this. but the bill also The SPEAKER pro tempore. It does. provides that the Secret.ary of the Treasury shaJ.l have the discretion to pur­ Mr. I chase a site large enough to embrace a custom-house building a.lso, as well as HOOKER. Then object. an appraisers' warehouse, or two sites near each other, for these two purposes, Mr. PERKINS. I hope the gentleman will withdraw the objection. instead of a site for an appraisers' warehouse only: and in this contingency I would like to say that the bill as it passed the House had the unan­ the House bill fixed a limit of $1,500,000 for the cost of such double site or sites, and the Senate increased this limit to $3,000,000. The conference report recom­ imous report of the Committee on Indian Affairs. It does not provide mends $2,000,000, the House conceding 8500,000 and the Senate conceding $1,000,- for the sale of any of this land; it does not open it to settlement, and 000 in order to an agreement. does not take it out of the possession of the Indians. The Indians had SAMUEL DIBBLE, is s. s. cox, a delegation here asking for this legislation; it recommen4ed by the Managers on the pm·t of the House. Interior Department. The House committee have reported unani­ mously in its favor, and I do hope that there will be no objection. The Mr. DIBBLE. Mr. Speaker, unless some gentleman desires some ad­ chairman of the committee [Mr. PEEL] will be appointed one of the ditional information on this subject or desires to discuss this report, I conferees. move its adoption. Mr. HOOKER: Do you move to non-concur in the Senate amend- Mr. HOLMAN. I wish to inquire of the gentleman whether there menta? is not an entirely new item in the bHl which has not been considered Mr. PERKINS. That is the motion that I make. by the Committee of the Whole. Mr. HOOKER. Then I will withdraw my objection. :Mr. DIBBLE. There is no new item in the bill that I know ofwhich The SPEAKER pro tempore. The request is that the House non­ has not been considered by the Committee of the Whole. There was a concur in the Senate amendments and agree to the conference asked. clerical error in the bill where in one place it prescribed that the cost Is there objection. The Chair hears none, and it is so ordered. of the appraisers' warehouse should not exceed $650, OOO,and in the next sentence said that the plans for it should not exceed an estimate of SUPPRESSION OF INFECTION. $70(1,000. We corrected that latter amount by bringing it down to The SPEAKER pro tempore also laid before the House the joint reso- ~650, 000. The part of the bill relating to the appraisers' warehouse­ lotion (S. R. 102) appropriating $200,000 to suppress infection in the $850,000 for the site and $650,000 for the building-has lJeen agreed ·interstate commerce of the United States. ] 'Upon by both Houses, and also some amendments in relation to putting Mr. HOOKER. ,I ask, in reference to the resolution which has just in words of condemnation as well as of purchase. The other part of been read by the Clerk, whether it is in order to consider it now? the bil1, giving the Secretary discretion to purchase a double site so as The SPEAKER pro tempore. It would noj; be except by unanimous to put t.be custom-house near the appraisers' warehouse, which is gen- consent. erally regarded as desirable or necessary, was in the House bill and Mr. HOOKER. I was about to ask unanimous consent for its con- was considered in' Committee of the Whole, and the B;ouse fixed the sideration, but my friend from Florida [Mr. DAVIDSON] says that he limit for the purchase of such a site at $1,500,000. · desires to propose an amendment. I do not make the request. Mr. BLOUNT. A double site? ! The SPEAKER pro tempore. The resolution will be referred to the Mr. DIBBLE. A double site; that is, in case the Secretary thinks Committee on Appropriations. that it is better than to put the building on the single site, which is pro- Mr. DAVIDSON, of Florida. I ask that the Committee on Appro- vided for, and the provision for which has passed both Houses regularly. priations have leave to report at any time. . That has all been considered in Committee of the Whole, and the House 1-'he HPEAKER pro tempore. The gentleman from Florida asks unan- in Committee of the Whole fixed the limit for the purchase of that imous consent that the Committee on Appropriations have ]eave tore- double site at $1,500,000. The only change made in the Senate was a.s port at any time upon the joint resolution which has just been referred to the amount. They put it at $3,000, OCO. We bad two conferences to that committee. The title will be again read by the Clerk. on it. At the second conference the House committee and the Senate Mr. MORRILL. Have not the Committee on Appropriations the committee agreed on the amount of$2,000,000, the House committee. right to report at any time? going up $500,000 and the other committee coming down $1,000,000. The SPEAKER pro tempore. On general appropriation bil1s they That is, in case the Secretary, inste..

DIBBLE] will explain to the House the condition of affairs inNew York no difference between the two Houses, both having already agreed upon City in regard to the custom-house and the appraisers' office, as to th!'l that point, that is, if a square of ground be purchased and an apprais­ land which is owned by the Government as well as the buildings. ers? warehouse simply be erected thereon, then there will be no sale of Mr. DffiBLE. I will proceed to do that; and what I shall say in Government property_ at all, because the present appraisers' warehouse regard to it is the result of an investigation made by a subcommittee is a rented building, and the custom-house will remain where it is. of the Forty-ninth Congress, so that I know the situation from per­ But if the Secretary of the Treasury should come to the conclusion sonal inspection and from consultation with the officers there. The ap­ that it would be better to buy a site large enough for the appraisers' praisers' warehouse in New York, as was stated to the House when this warehouse and custom-house both, then, of course, as soon as the new bill was passed, and which it may be well to recall to gentlemen's custom-house accommodations are completed the present custom-house minds at this-time, is an old building, badly arranged and poorly adapted withit.ssitecould beand would besold. ThegentlemanfromNew.York to the purposes for which it is used. It was formerly either a soap fac­ [:i\fr. Cox] stated the other day (and I think that is the subject to which tory or a sugar refinery, and we were told by the offic:\2-ls that it was the gentleman from Missouri [ Ur. BLAND] alludes in his question) that very difficult to inspect and appraise fine goods there without their get­ in hisj udgment, on account of the situation of this property, the present ting damaged. site being _in Wall street where property is exceedingly valuable the The accommodations are so poor that sometimes when goods are old site in that location would bring, if sold, about three millidn of brought there it takes several hours before they can be unloaded; so dollars, which amount would pay for this double site entirely, and that they may not get through the appraisement until the day after. would then leave a million of dollars O\cr to put up a new custom­ I do not suppose there is anywhere in the whole country greater need house, which ought to complete it. for a public building of this character. The business transa~ted there And if the double site was purchased, of course it would involve in affects the whole country. Because of the large proportion of imports future the sale of the present custom-house property. There is no sec­ coming into New York, there is no case where there is such need as in tion of the city of New York, as I am informed by those who arc the city of New York of the Government owning its appraisers' ware­ familiar with the subject, where land commands as high prices as on house. At present the Government occupies rented property under a Wall street owing to the consolidation of great business interests there, lease which will expire, I think, next year-certainly by the year after. and therefore the land which is proposed for the new appraisers' The rent paid by the Government is $64,000 per annum, which at 3 per cent. is the interest on an investment of over $2,000,000. This :O~~~~~o~~t~U::o:!~:e %:~~~e~g:e<'A~~~o~~ s~odul!~e !~~~ rent has been going on for some time, and every time the lease runs bring. ' out there is an increase in the amount paid. The Government paid many years ago for the present custom-house Ur. BLOUNT. Does this bill appropriate money or simply au­ site-it was the old Merchants' Exchange Building which i!!_ used for thorize-- that purpose-I think, a million dollars, at a time when property was Mr. DIBBLE. It appropriates the money. In that form it passed considerably lower than it is now; because it is estimated by those who the House and the Senate. I am speaking now as to the appraisers' know the facts that this site alone has increased in value to such an warehouse. That is not now in conference. That part of the matter of extent as to be worth $3,000,000, in consequence, as I have said, of the which I am speaking has been agreed upon by both Houses. concentration of great business interests in that immediate neighbor­ l\Ir. BLAND. I understood that the bill, as passed by the House, hood. Of course, property in other parts of the city would not be so authorized the sale of certain property. high, and a l~ sum than that for which this could be sold would pur­ Mr. DIBBLE. It did not. There was no property to be sold, be­ chase the double site for the custom bouse and appraisers' ware-house, cause the appraisers' warehouse is rented property. The matter in in the opinion of the House committee. regard to the purchase of ground sufficient for the custom-house as We pu~ it into the bill two years ago at one and a half million dol­ well as the appraisers' warehouse being left to the discretion of the lars. Mr. Cox introduced the bill in that shape, and we so reported Secretary of the Treasury, it may become necessary to provide for the it back. The Senate Committee said that in their opinion it would sale of the custom-house property, because, if the interests of the Gov­ take $3,000,000 to purchase a double site for both buildings; but we ernment required provision for another custom-house, it would be nec­ dicl not agree on that, and finally fixed the maximum as here em bodied essary to sell the present property and buy a new site. at $2, 000,000. As to the present custom-house, I will say that we went through it Mr. HOL~IAN. What are the two buildings to cost, the appraisers' and inspected it thoroughly. We saw the collector of the port, and warehouse and the custom-bouse, provided the custom-house is to be went through the difterent departments. We visited the place during built? working hours and saw how business goes on day by day. We talked Mr. DIBBLE. It is provided that the appraisers' w-arehouse shall with importers in relation to the matter. That custom-house has not not cost over $650,000; and that amount is fixed ~n accordance with to-day sufficient capacity for the public business. A large portion of estimates obtained-from the Architect's Office, which show that that adjacent property is now rented for some of the offices, and a bridge amount will be sufficient. has been carried across the street to connect the annex. Still there is It is also provided that it is to be a plain brick building, without general complaint of insufficient accoinmodations for business; and by porticos or needless ornamentation, but shall be constructed at thb the crowd in the general office, where business with the merchantB is same time specially with a view to the convenience of the transaction directly attended to, we saw that there were not such accommodations of that particular businesa. So that it will be an economically-con:. as the public business requires. Merchants are sometimes delayed structed establishment, designed expressly for the purpose to which it twenty-four hours in the tramaction of their business. There certa.inly is to be applied. That amount is fixed in the event of the purchase of ought to,be enlarged accommodations for the custom-house. And it a single or a double site. In either event that amount will be applied is the opinion of the collector of the port that the custom-house should to the construction of this building; but there is no provision, I will be near the appraisers' warehouse. say to the gentleman from Indiana, or anything said about the erec­ The distance between these two establishmentB is now a mile and a tion of a custom-house building, or the sale of the present custom­ half. The appraisers' warehouse is in that section of the city where house property. - In case the Secretary of the Treasury should pur­ the steamers landwbich bring importations; and the importing busi­ chase a double site, it would be for Congress to determine how much ness has accommodated itself to tllls location, the appraisers' store being the custom-house building should cost, and also provide, I suppose, now rather intermediate between where the goods land and where the when this new building, if it is constructed at all, shall be finished importers' warehouses are. The cnstom-bouse, however, is a mile down and ready for occupancy, that the present site and buildin~ should be town. Papers have to be sent back and forth between the collector sold. I have already stated the opinions of those who know as to its and the appraiser by messenger; and sometimes the time thus lost oc­ value. casions a delay of twenty-four hours to business men. It is the general In this matter we did not act-those of us who went to New York opinion that these two establishments of the Government should be and looked into the matter-upon our own judgment alone, but we in­ near each other. Hence, while providingforanappraisers' warehouse, vited a conference with every member then representing New York; we also, after consultation with the Secretary of the Treasury1 put in and Mr. Hewitt, of New Yor~ was kind enough to spend a half a day this clause, giving him authority to buy ground which would provide with us on our inspection and gave us very many valuable suggestions for both. and much useful information, which assisted materially in framing 1he :Mr. HOLMAN. That is a new feature in the bill? origin~bill on which this report is founded. The Secretary of the Mr. DffiBLE. No, that was in the bill of last session. Treasury was also consulted in relation to the matter. Mr. HOLMAN. I mean it is new in the bill as passed by the House. It is, in my judgment, ab olutely neceSEary in the first instance that. Mr. DffiBLE. No, sir; it was in the bill as introduced last session; we should have an appraisers' warehouse; a.qd the price fixed, accord­ it was also in the bill introduced by the gentleman from New York ing to the ascertained facts in New York, are for the building $650,000 [Mr. Cox] at this session, and it was in the-bill as reported. and for the site $850,000. That part of the plan is already established. Mr. BLAND. I understood the gentleman from New York [Mr. It is also a matter of economy, I think, to the Government that the Cox] to claim that under th~ bill property owned by the Government Secretary of the Treasury should not be tied to that plan alone, if bo would be sold and tbe proceeds of the sale would pay the expense of a finds on an examination of the subject that be mu buy the double site new building. at a reasonable price, which will facilitate the customs business of the Mr. DIBBLE. I will ~o on and explain that matter. If the Secre­ Government, and erect the building within a reasonable limit~ But, tary of the Treasury should adopt the course about which there is now in the opinion of the committee, the sale of the old custom-house site 1888. CONGRESSIONAL REOORD-HOUSE. 7927 will certainly bring more money than t he site for both t he new ,bnild­ Mr. HOLJ.IAN. It is almost impossible to ascertain the public ex­ .. ings will cost. Then, of course, provision will be made for b uilding penses at any one time on that point. o. custom-house. It is about as economical a disposition of the_matte!', Mr. BLOUNT. As my friend from Indiana has stated it is almost which is of great interest-to the country, as could possibly be made in impossible to a-scertain the expenditures for public buildings at any the opinion of the committee. one time. If y ou take up the sundry civil bill, which provides moneys I yield now ten minutes t o the gentleman from Georgia [1\Ir. under the rules of the House for the construction of public buildings, t o BLOUNT]. ascertain the amount therein contained a superficial observer would 1\1r. BLOUNT. Ur. Speaker, my object in taking the floor at this think that would indicate the expenditures had been kept within a time is not specially for the purpose of opposing this report, bnt to call given amount. If he should foDow closely the legislation on public attention to'what I deem to be a serious error beginning to take firm buildings he will find that there area great many a~ditional amounts; hold upon this House. We have witnessed recently a struggle between here in one single instance is an appropriation of a million and a half two of the committees of this House in reference to jurisdiction over in violation of the rules of the House. Now, Mr. Speaker, we have appropriations, which struggle it is hoped hns been ' finally and well been on a series of measures: first, a contest between two committees of disposed of. We likewise have on one of the general appropriation this House as to fortifications; second, a contest no-;v pending as to the bills a provision for the payment of a vast number of claims exceptional payment of claims on appropriation bills, and here is a matter of $2,- in their character and contrary to the ordinary mode of procedure here. 000,000 reported and in the bands of a conference who. have no respon­ Now, sir, we have a conference report from the Committee on Public sibility to this House on the subject of expenditures. Buildings and Grounds on a bill reported from that committee, which Mr. Speaker, my sole purpose has been accomplished if members of committee is charged under the rules of the House with the consider­ the Committee on Public Buildings and Grounds in this matter of ap­ ation of bills authorizing the constru"t'tion of public buildings through­ propriations for public buildings shall conform to what I believe is the out the country. We have in it not only the exercise of the authority right course in the matter of appropriations. to construct the building, but to appropriate the money necessary for 1\Ir. DIBBLE. Mr. Speaker, the rule of the House is that the Com­ that purpose, and it is now proposed under aconference report to ap­ mittee on Public Buildings and Grounds is to have jurisdiction of mat­ propriate $2,000,000 for that purpose in the present instance. ters relating to the p.ublic improved and unimproved grounds of the Under the rules of this House the appropriations for public build­ United States other than appropriations therefor. ings belong to the Committee on Appropriations, and are provided for But, 1\lr. Speaker, in this instance the bill came to us with a pro­ in the sundry civil bill of the bills committed to them. The appro­ vision for an appropriation in it, and as it was a case of extreme ur­ priations under the rules are distinctly committed with certain excep­ gency, we reported it in that form. And so~ as that is concerned I tions-postal, Navy, etc.-to the Committee on appropriations, and am rather inclined to believe that when the House refers a matter to wisely. There should be one committee in this House charged with us it authorizes us to report back the matter which it refers, with our the examination of the expenditures of the Government, having the opinion as to whether it ought or ought not to pass. It is not always subject-mutter in view, of having the right to examine and regulate the case that the House refers·n. matter to the committee prescribed in them accordingly. Now, I undertake to say that there is no member the rules, and when the House by its order of reference sends to us a in this House who can say at this time what are the expenditures for bill which provides, as tsome of these bjlls do~ an appropriation of so public buildings. I had occasion when one of these bills was be­ much money in increasl3 of a limit, in such cases we examine the bill fore the House to inquire whether any appropriations were contained and report it back; but our usual form of bill has no appropriation in in it, and I was assured that there were none. I have been assured on it. Now, conceding all the gentleman has said about the rules of the more than one occusion that the Co:t;nmittee on Public Buildings and .Housel I maintain that there is no more vicious rule in relation to Grounds were not reporting bills.with appropriations. Here, sir, is a economy in the transaction of the public business than. the very rule single item of $2,000,000 that the Committee on Public Buildings and which the gentleman seeks to have enforced. It has been frequently Grounds have no more right to consider than the Committee on Manu­ the case in my observation since I have had the honor to be a member factures. of this House that that rule has worked against economy. Mr. HOL:UAN. It is $2,650,000. At the present session of Congress, in the interest of economy, I in­ :Mr. DIBBLE. The House bill was $1,500,000; but this is th.e con- troduced a proposition, which was sent to the Committee on Rules, that ference report. our committee should be put on tlie same footing as, if you please, the 1\Ir. HOLMAN. It makes the amount $2,650,000. Post-Office Committee, of which my friend from Georgia is chairman, Mr. DIBBLE. The House bill carried really a million and a half. stands with reference to Post-Office appropriations, or that we should Mr. HOLMAN. If the Secretary of the Interior thinks proper to be put on the same footing as the Committee on Rivers and Harbors purchase the double site-- · with reference to appJOpriations for rivers and harbors (which also are Mr. DIBBLE. It would go to $2,150,000. a matter of public improvement); and it would be ill the interest of Mr. HOLMAN. By the action of the Senate, if agreed to by the economy that that proposition should be adopted, for this reason: If a House, this bill will involve $2,650,000. limit is fixed at the time the bill is passed and an appropriation up to :Mr. DIBBLE. That will be the action on th-e conference report; that that limit is made, so as to render the fund available, it enables CO::l­ is not the subject to which I understood the gentleman from Georgia tracts to be made on a large scale instead of splitting the building up to be taking exception, but to the action of the Committee on Public into a lot oflittle contracts, a method which greatly increases the ex:­ Buildings and Grounds reporting appropriations. It is out of the hands pense. ·The plan I propose would enable contracts to be made for tae of the committee, and is in conference. · entire work, and in that way, I am assured by the Supervising Archi­ lli. BLOUNT. I concede that; and I stated that my objection was tect and by those who are experienced in building, large amounts of not so much to oppose this specific matter as to suggest that i t is en­ money could be saved which under the present system of piecemeal tering upon a grave error of sufficient importance to call to the atten­ appropriations are lost. tion of the House. While this is the conference report, I understand Mr. BLOUNT. Will the gentleman permit a question for informa­ from the observations of the gentleman from South Carolina the origi­ tion? nal House bill provided an appropriation of a million_a nd a half dol- Mr. DIBBLE. Yes, sir. lars. · Mr. BLOUNT. The gentleman says that some-bills are repo ~ ted by Mr. DIBBLE. That is my impression. I ha>e sent for the bill. his committee containing appropriations and some without. I wish to Mr. BLOUNT. The point I make, Mr. Speaker, is that they have ask him how much money has been appropriated by bills originating no right to recommend any appropriations at all. with the Committee on Public Buildings and Grounds, and ab:mt how In the history of the rules of this House it appears from the RECORD many instances there have been of that kind? that an a.y-and-no 'Vote was taken as to whether the Committee on Mr. DIBBLE. I am ·unable to state that, but they are exceptional. Public Buildings and Grounds should have authority to recommend We have a form of bill, and when members consultanymemberofthe appropriations, and it was distinctly voted down. committee or coille to the committee-ro~m and consult the committee Mr. DIBBLE. Will my friend from Georgia. say when that was? in advance of introducing a bill, we furnish them a blank form which Mr. HOLMAN. At the beginning of the Forty-ninth Congress. conforms strictly and -rigidly -to the rule of the House, and of course ' Ur. BLOUNT. My friend from Indiana says at the beginning of the contains no appropriation. But in some instances, which are excep­ Forty-ninth Congress. My impression was itoccurr.edatthe beginning tional-! can not state the number or the amount, but they are ex­ of the Forty-eighth Congress. • ceptional .cases-we have reported appropriations. Mr. DIBBLE. I think it is further back than that, as it has not If a measure of emergency came to the Committee on Public Build­ been done since I have been here. ings and Grounds now, at this late stage of the session, when the ap­ Mr. BLOUNT. No matter bow far it is back, it is true that from propriation bills ha•e passed from the hands of the· Committee on Ap­ tha.t time until this every succeeding House has refused to the Commit­ propriations, we should probably, in accordance with om custom, report tee on Public Buildings and Grounds the right to recommend appropri­ it back to the House; because otherwise there might be a failure of ations to the House. I find, contrary to these rules, this committee are appropriation and a delay of the work. But, as I- ha~· e sn.-id, these bringing in these recommendations that belong to the Committee on cases are exceptional. I have been spe..1.king as to what ought to be Appropriations, and it is a matter which the House eo nomine commit- the ru1e, and I say that in the interest of .economy the best way would ted to that committee. . .be to have the committee which investigates and fixes the limit have # I '.I

.. ' . 7928 CONGRESSIONAL RECORD-==-HOUSE . AuGusT 24,

/ charge of the appropriation also. In the last Congr~ I had occasion The bill (H. R. 10187) to provide for grading and paving the ap­ to go back aud search through the appropriations t.bat had been made proaches to the national cemetery near Salisbury, N. C., was read. under the old system and under the present system, and I found it to The SPEAKER pro tempore. • Is there objection to the present con­ be the c.'\se that in some instances, a-s the result of the practice of these sideration of this bill? piecemeal appropriations, when a building bad progressed so far as to ' Mr. BLAND. Let us .have the report read. come within, say, $25,000 of exhausting its limit, the Committee on The report wM read. AppropriatiOns, through inadvertence, would give it perhaps $70,000, Mr. BLAND. I hardly think it proper for 0A>ngress to go into the and in that way exceed the limit by $50,000; whereas if all the money work of grading and improving the roads to all these various cemeter­ had been appropriated at the beginning the building would probably ies. There is a little cemetery near my town in regard to which I have been constructed within the limit. The instances are numerous­ would like to have a measure of this kind passed. In a great many ! do not know but they amounted to a majority of the cases at the time other localities the people would like to have the Federal Government of that investigation, two or three years ago-in which the Committee improve the roads to these national cemeteries. I believe I must object. on Appropriations, under this piecemeal system., gave a building an The SPEAKER pro tempore. Objection being made, the bill is not amount over and above the limit that had been fixed. The appropria­ before the House. tion has always been held by the executive department to amount to .ADDIE BELL. a repeal of the limit to the extent of the appropriation, and in all such Mr. NUTTING. I ask unanimous consent.for the present consid­ cases these excessive appropriations have been used, a thing which eration of the bill (S. 1506) for the relief of Addie Bell. would not have been possible if in the first instance the appropriation :Mr. BLAND. I call for the regular order. had been in the same hands which fixed the limit. That is one Mr. NUTTING. I hope the gentleman from Missouri [M:r. BLAND] f~tui:e. will withdraw that demand for a moment, so that I may state what Again, in one or two instances, under this divided system, appro­ this bill is. If he will listen to a brief statement I think he will not priations have been made which Congress did not really contemplate object to the bilL at all. If I had by me my notes of that investigation I could cite in­ ORDER OF BUSINESS. stances. I have always contended since I have had any understanding of this The SPEAKER pro tempo-re. The regular order is demanded. This being Friday, the regular order is the call of committees for reports of subject that when the House is considering the qu~tion of a public building the proper plan is to take up the question as a whole and dis­ a private nature. pose of it in that way; ~nd that we should, in providing for the build­ :Mr. BURNES. I move to dispense with private business for this ing, appropriate the money. I grant that in case of a large appropria­ day. tion which can not be expended at once, there might be an appropri­ Mr. GALLINGER. With the understanding that members may ation of a certain amount to be available this year, a certain amount file reports with the Clerk. Mr. BURNES. Yes, sir. next year~ and so on. But if the course which I have suggested were adopted there would not be creeping in the appropriation bills and REPORTS OF COl\iMITTEES. passing without question amounts of fifty, seventy-five, or one hundred The SPEAKER pro tempore. The gentleman from Missouri, pend­ thousand dollars for this or that public building-amounts in many in­ ing the motion to dispense with private ·business, asks unanimous con­ stances in excess of the original limit. Therefore, I say that the rule sent that members be allowed to file report-s with the Clerk for appro­ now followed by the House is not the best, although the committee priate reference. Is tMre objection? The Chair bears none. of which I have the honor to be chairman has observed that rule with a very few exceptions, which we thought were justified by the fact FIJ... ING OF REPORTS. that the bills came to us with appropriations in them, and the cases The following reports were filed by being handed in at the Clerk's were matters of immediate urgency or exigency. I think the case now desk: before us is such a case. It ought to have been provided for long ago. MARY A.. HOLLAND• . There is need this very day of this appraisers' warehouse in the city Mr. GALLINGER, from the Committee on Invalid Pensions, reported of New York. This is a case which ought to be made an exception to back favorably the bill (H. 10874) granting a pension to :Mary A. the general rule. · R. Holland; which was referred to the Committee of the Whole House The gentleman having said that our committee has no jurisdiction on the Private Calendar, and, with the accompanying report, ordered over app.ropriations, I will say that we have never inserted an appro­ to be printed. priation in a bill which has come to us without an appropriation. A great many bills reported by us with appropriations in them have been MARTHA GIDDING. Senate bills which have invariably come over to us in that form. In Mr. GALLINGER also, from the Committee on Invalid Pensions, such cases we report the bills back with or without amendment, as the reported back favorably the bill (H. R. 4101) granting a pension to case may be. In other cases where we have reported bills containing Martha Gidding, formerly Martha Priest; which was referrej to the appropriations, the House has referred the bills with the appropriation Committee of the Whole House on the Private Calendar, and, with the clause in; and we have left it in. The committee has never itself in­ accompanying report, ordered to be printed. serted an appropriation in a bill, within my recollection. The form ot JOHN V. HENl!."'"ESSEY. bill which we have adopted does not contain the appropriation clause. :Mr. GALLINGER also, from the Committee on Invalid Pensions, At the same tJ.me we consider that the rule adopted by tl}e House is a reported back favorably the bill (S. 23211 granting a pension to John bad one for economy. We can see that its operation every day is to V. Hennef:Sey; which wa.'3 referred to the Committee of the Whole open an easy way for g~:~tting beyond the limits imposed by the House, House on the Private Calendar, and, with the accompanying report, the appropriations being obtained from another committee, and some­ ordered to be printed. times, no doubt, granted inadvertently. In the multiplicity of cases, it NELSON J. CROOK. is a hard thing to go back in every instance and count up the little piecemeal appropriations year after year, sifting them out from differ­ Mr. WALKER, from the Committee on Invalid Pensions, reported ent bills. In that way appropriations in excess of the limits imposed back favorably the bill (H. R. 3801) ~ranting a pension to Nelson J. creep in sometimes by inadvertence. If we had the power of appro­ Crook; which was referred to the Committee of the Whole Honse on priation in every instance this could not happen, because if an increase of the Private Calendar, and, with the accompanying report, ordered to appropriation were asked for bona fide meritorious reasons, the matter be printed. would be referred to us, we would investigate it, and submit the facts LEAMAN L. BOWERS. to the House; and the House would take it up as an independent propo­ Mr. WALKER also, from the Committee on Invalid Pensions, re­ sition, which is not done now, these appropriations being usually passed ported back favorably the bill (H. R.10433) for the relief of Leaman wholesale in a general appropriation bill. L. Bowers; which was 1-eferred to the Committee of the Whole House Now, Mr. Speaker, unless some gentleman wishes to address the on the Private Calendar, and, with the accompanying report, ordered House in relation to this subject, I will ask the previous question on to be printed. the adoption of the report. .ADVERSE REPORTS. The previous question was ordered; and under the operation thereof Mr. WALKER also, from the Committee on Invalid Pensions, re· the report was agreed to, there being-ayes 30, noes 19. ported back adversely bills of the following titles; which were sever· Mr. DIBBLE moved to reconsider the vote by which the report was ally referred to the Committee of the Whole House on the Private Cal· agreed to; and also moved that the motion to reconsider be laid on the endar, and the accompaning reports ordered to be printed: table. A bill1H. R. 3802) granting a pension to William J. Scarborough; The latter motion was agreed to. A bill H. R. 425) granting a pension to Elisha L. Elam; A bill H. R. 4888) granting a pension to F. E. H. Biller; and .APPROACHES TO NATIONAL CEMETERY, SALISBURY, N. C. A bill (H. R. 2616) granting arrears of pension to W. J. McGlade. Mr. HENDERSON, of North Carolina. I ask unanimous consent that the Committee of the Whole House be discharged from the further JOHN W. ELLIS. consideration of the bill which I send to the desk, and that it be now Mr. HUNTER, from the Committee on Invalid Pensions, reporte( considered and passed. • back favorably the bill (H. R. 10094) grant-ing a pension to John W, 1888. CONGRESSIONAL RECORD-HOUSE. 7929

Ellis; which was referred to the Committee of the Whole House on the .ADVERSE REPORTS. · Private Calendar, and, with the accompanying report, ordered to be Mr. MORRILL, from the Committee on Invalid Pensions, reported ~n~d. ~ back adversely bills of the following titles; which were severally referred ANN E. MUSSMAN. to the Committee of the Whole House on the Private Calendar, and Mr. MATSON, from the Committee on Invalid Pensions, report.ed the accompanying reports ordered to be printed: back favorably the bill• (H. R 2157) granting a pension to Ann E. A bill {H. R. 10472) granting a pension to Joseph Jenkins; Mussman; which was referred to the Committee of the Whole House A bill (H. R. 224) granting a pension to William Dobbs; and on the Privat~ Calendar, and, with the accompanying report, ordered A bill (H. R. 11010) to restoretothepension-roll thenameof Almon to be printed. B. Blodgett. CHRISTINA. LESSITT. BENJAMIN FRANKLIN. lli. MATSON also, from the Committee on Invalid Pensions, re­ Mr. MORRILL also, from the Committee on Invalid Pensions, re­ ported back favorably the bill (H. R. 9567) granting a pension to Chris­ ported back with amendment the bill (H. R. 5193) granting an increase tina Lessitt; which was referred to the Committee of the Whole House of pension to Benjamin Franklin; which was referred to the Commit­ on the Private Calendar, and, with the accompanying report, ordered tee of the Whole House on the Private Calendar, and, with the accom· to be printed. panying report, ordered to be printed. MRS. CAROLINE TAYLOR. IRENE RUCKER SHERIDAN. Mr. MATSON also, from the Committeeon Invalid Pensions, reported Mr. MORRILL also, from the Committee on Invalid Pensions, re­ back favorably the bill (S. 3175) granting a pension to Mrs. Caroline ported back with amendment the bill (H. R. 11113) granting a pension Taylor; which was referred to the Committee of the Whole House on to Irene Rucker Sheridan; which was referred to the Committee of the the Private Calendar, and, with the accompanying report, ordered to be Whole. House on the Private Calendar, and, with the accompanying printed. report, ordered· to be printed. ELLEN KELLEY. ADDITIONAL TAXATION-ACT OF MA.RCH 31 1875. Mr. LANE, from the Committee on Invalid Pensions, reported back Mr. HENDERSON, of North Carolina, from the Committee on the favorably the bill (H. R. 4820) granting a pension to Ellen Kelley; Judiciary, reported back with a substitute the bill (H. R. 11039) for which was referred to the Committee of the Whole House on the Pri­ the relief of certain persons who paid additional taxes assessed against vate C::Uendar, and, with the accompanying report, ordered to be printed. them under the act of March 3, 1875; which was referred to the Com· MARGARET GRAY. mittee of the Whole·House on the state of the Union, and, wit.h the Mr. LANE also, from the Committee on Invalid Pensions, reported accompanying report, ordered to be printed. lJack favorably the bill (H. R. 11057) granting a pension to Margaret CH.ARLES HAHNEMAN. Gray; which was referred to the Committee of the Whole House on Mr. FRENCH, from the Committee on Invalid Pensions, reported the Private Calendar, and, with the accompanying report, ordered to be back with amendmen! the bill (H. R. 11021) to increase the pension printed. of Charles Hahnemanf which was referred to the Committee of the GEORGE JOHNSON. Whole House on the Private Calendar, and, with the accompanying Mr. PIDCOCK: from the Committee on Invalid Pensions, reported report, ordered to be printed. back favorably the bill (S. 2887) granting a pension to George Johnson; LIEUT. GEORGE T. RUSSELL. which was referred to the Committee of the Whole House on the Pri­ Mr. THOMPSON, of California, from the Committee on Invalid Pen· _vate c~~lendar, and: with theac~mpanyingreport,orderedto be printed. sions, reported back favorably the bill (H. R. 2788) granting a pension CHARLES A. STOCK!IIAN. to Lieut. George T. Russell; which was referred to the <:;ommittee of :Mr. CHIP:\fAN, from the Committee on Invalid Pensions, reported the Whole House on the Private.Calendar, and, with the accompany· back favorably the bill (H. R. 10260) to place the name of Charles A. ing report, ordered to be printed. Stockman, of Dundee, Mich., ou the pension-roll; which was referred JASPER N. WARREN. to the Committee of the Whole House on the Private Calendar, and, Mr. THOliPSON, of California, also, from the Committee on Inva· with the accompanying_report, ordered to be printed. lid Pensions, reported back favorably the bill (S. 3316) granting a. pen· sion to Jasper N. Warren; which was referred to the Committee of the LUCY W~GOR. Whole House on the Private Calendar, and, with the accompanying Mr. CHIPMAN also, from the Committee on Invalid Pensions, re­ report, ordered to be printed. ported back with amendment the bill (H. R. 10256) to place the name MARY HOOPER. of Lucy Wagor, of Hillsdale~ Mich., on the pension-roll; which was referred to the Committee of the Whole House on the Private Calen­ Mr. YODER, from the Committee on Invalid Pensions, reported back dar, and, with the accompanying report, ordered to be printed. favorably the bill (H. R. 10504) granting a pension to Mary Hooper; which was referred to the Committee of the Whole· House on the Pri· HEINRICH HERGET. vate Calendar, and, with the accompanying report, ordered to be Mr. CHIPMAN also, from the Committee on Invalid Pensions, re­ printed. ported back with amendment the bill {H. R. 10215) granting a pen­ ENROLLED BILLS SIGNED. sion to Heinricll Herget; "Which was referred to the Committee of the Mr. KILGORE, from the Committee ori Enrolled Bills, reported that. Whole House on the Private Calendar, and, with the accompanying they bad examined and found auiy enrolled bills of the following titles; report, ordered to be printed. when the Speaker signed the same: ..._ CYRUS MILLINS. A bill (H. H. 204) granting a·pension to Frederick C. Shaw; A bill (H. R. 217) granting a pension to C. T. Maphet; Mr. CHIPMAN also, from the Committee on Invalid Pensions, re­ A bill {H. R. 333) granting a pension to Catharine Bussey; ported back favorably the bill (H. R. 10258) to place the name of Cy­ A bill (H. R. 549) granting a pension to JosephS. Wilson; rus ::M:illins, of Ogden Centre, Mich., on the pension-roll; which was A bill (H. R. 775) granting an increase of pension-to John D. Jones; referred to the Committee of the Whole House on the Private Calen­ A bill (H. R. 783) granting a pension to Mrs. Nancy E. Spencer; dar, and, with the accompanying report, ordered to be printed. A bill (H. R. 793) for the relief of William Collins; , SHADRACK W. BROWN. A bill (H. R. 889) granting a pension to Ishmael Jones; Mr. CHIPMAN also, from the Comm~ttee on Invalid Pensipns, re- A· bill (H. R. 2176) granting a pension to Alexander Collinge; . ported back with amendment the bill (H. R. 8993) for the relief of A bill (H. R. 2507) granting a pension to Russell L. Doane; Shadrack W. Brown; which was referred to the Committee of the A bill (H. R. 2710) for the relief of Mathew H. Fulton; Whole House .on the Private Calendar, and, with the accompanying A bill (H. R. 2908) increasing the pension of W. E. Stokes; report, ordered to be printed. A bill {H. R. 3055) for the relief of A. F. St. Sure Lindefelt; A bill (H. R. 3480) for the relief of John D. Munnerlyn; JOHN N. BOVEE. A bill (H. R. 3710} granting a pension to Samuel Piercy; ~Ir. CHIPMAN also, from the Committee on Invalid Pensions, re­ A bill (H. R. 4504) granting a. pension to Nancy Baldwin; ported back favorably the bill (S. 3018) granting an increase of pension A bill (H. R. 4575) granting a pension to Michael Horgain; to John N. Bovee; which was referred to the Committee of the~ bole A bill (H. R. 4855) granting a pension to Jacob Newhard; House on the Private Calendar, and, with the accompanying report, A bill (H. R. 5123) to increase the·pension of Charles Ritchey; ordered to be printed. A bill (H. R. 5232) granting a pension to Andrew Mucklin; MRS. SUSAN V. WILCOX. A bill (H. R. 5446) granting a pension to William H. Dowdall; -Mr. CHIPMAN also, from the Committee on Invalid Pensions, re­ A bill (H. R. 5503) granting a pension to Charles Walster; ported back favorably the bill (H. R. 7485) granting a pension to Mrs. A bill (H. R. 5525) granting a pension to Mrs. Jane Potts; Susan V. Wilcox, mother of Martin V. Wilcox; which was referred to A bill (H. R. 5529) granting a pension to Flora Heath; the Committee of the Whole House on the Private Calendar, and, with A bill (H. R. 6001) granting a pension to Sarah J. Frailey; · the accompanying report, ordered to be printed. A bill (H. R. 6344) granting a pension to William J. Toncray; I .

7930 CONGRESSIONAL RECORD-HOUSE. AUGUST 24,

A bill (H. R. 6501) granting a pension to Joseph T. Garrett; The CHAIRMAN. When the committee rose it was dividing by A bill (H. R: 6848) for the reliefofElizabeth A. South; tellers on the question whether the appeal from the decision of the A bill (H. R. 7508) granting a pension to Julia E. Ambrose; Chair should stand as the judgment of the committee. The tellers A bill (H. R. 7717) granting a pension to Mrs. Catharine Reed; will resume their places and the vote will be again taken. A bill (H. R. 8012) 1or the relief of M. 1\f. Gibson; Mr. DIBBLE. Is not the question whether the fourth section, em­ A bill (H. R. 8076) granting a pension to the minor children of Ori­ bracing the French spoliation claims, is in orljer on this bill? sonS. Baldwin; 1\!r. HOLMAN. The auestion is whether or not the decision of the · -~bill (H. R. 8494) granticg a pension to Gilbert Reed; Chair shall be sustained. - A bill (H. R. 8534) granting a pension to Jacob Copes; The CHAIRMAN. The Chair held that the several paragraphs of A bill (H. R. 8545) .for the relief of Samuel Purcell; section 4 were not in order on this bill. From that decisjon the gentle­ A bill (H. R. 8571) granting a pension to Margaret J. 1\IcQuary; man from South Carolina [Mr. DIBBLE] appealed. The question is, A bill (H. R. 8617) granting a pension to Henry Crotsley; Shall the decision of the Chair stand as the judgment of the committee? A bill (H. R. 8697) to increase the pension of Martin McLaughlin; The tellers [Mr. BURNES apd Mr. DIBBLE] will resume their places A bill (H. R. R885) granting a pension to Eliza A. Woods; and the vote will again be taken. A bill (H. R. 8889) granting a pension to Charles Molseed; · The committee proceeded to divide. A bill (H. R. 8912) granting an increase of pension to Almeron J. Before the announcement of the result of the division- Patchin; 1\Ir. HOL1t1AN. I rise to a parli.amentary inquiry. A bill (H. R. 8931) for the_reliefofSamuel E. Wilson; The CHAIR.l\:t:AN. The gentleman will state it. A bill (H. R. 9130) granting a pension to Susan Singleton; Mr. HOLMAN. Is it not understood that a quorum has been called A bill (H. R. 9228) for the relief of Nathan Cook; on ibis vote, the point of order being made that no quorum voted? A bill (H. R. 9253)grantinganincreaseofpensiontoRi.cbardHogan; That being the case is it not a fact that gentlemen who are paired are, A bill (H. R. 9372) granting a pension to John Dean; under the general rules of pairing, permitted to vote in order to make A bill (H. R. 9387) for the relief of Emanuel H. Custer; a quorum? I would like the views of the Chairman upon that point. A bill (H. R. 9463) granting a pension to Lucy A. Jordan; The CHAIRMAN. The point of no quorum has not been made, the A bill (H. R. 9653) granting a pension to Henry Alward, dependent result· of the vote by tellers not as yet being announced. father of Henry l\1. Alward; 1\fr. DIBBLE. l\1r. Chairman, ·gentlemen on both sid~ of the House A bill (H. R. 9672) granting a pension to Eliza A. Williamson; have been voting, notwithstanding the pairs, under the impression that A bill (H. R. 9684) granting a pension to William J. Brown; the point of no quorum was a pending point. A bill (H. R. 9697) granting a pension to 1\Irs. Ellen B. Brown; Mr. DUNN. I ask the Chair to announce the result of the vote by A bill (H. R. 9704) granting a pension to 1\Iartha F. Lee; tellers. A bill (H. R 9792) to increase the pension of Charles S. Baker; The CHAIRMAN. For the purpose of ascertaining if the demand A bill (H. R. 9795) to restore Nathaniel Francis to the pension-roll; for a quorum will be made, the Chair will announce the 1·esu.lt as re­ A bill (H. R. 9824) for the relief of Albert Watson; ported by the tellers. A bill (H. R. 9399) granting a pension to Albert 0. Robb; The result was announced as-ayes 82, noes 62. A bill (H. R. 10275) granting a pension to Joseph Hunter, 1\I. D.; Mr. DIBBLE. That is not a quorum, 1\I.r. Chairman. A bill (H. R. 10356) granting a pension to John T. Vincent; The CHAIRMAN. The point of order being made that no quorum A bill (H. R. 10418) granting a pension to Hannah L. Irwin; has votRd, the tellers .will resume their places and continue the count. A bill (H. R. 10525) increasing the pension ot Edward Jardine; Mr. DUNN-. Mr. Chairman, I desire to calL the attention of the A bill (H. R. 10607) granting a pension to Rachell\!organ; gentleman from South Carolina [Mr. DIBBLE] to the fact that 82 A bill (H. R. 10789) granting a pension to Philip Neuman; is a majority of a quorum, and that it is impossible for him to de­ A bill (H. R. 10906) granting a pension to Fidel Gates; and feat it; and therefore further proceedings will simply delay the busi­ A bill (H. R. 11118) to authorize the construction and operation of ness of the House. a street railway and wagon bri.dge across the Rio Grande, between the 1\Ir. DIBBLE. I have simply this to say, Mr. Chairman, in response city of EI Paso, Tex., and Paso d~l Norte, Mexico. to the matter of arithmetic so kindly suggested by my friend from Ar­ MESSAGE FROM THE SEN ATE. kansas, and which I realize-that I consider that the proposition which I have maintained in the course of the debate on this question, and A. message from the Senate, by Mr. PLATT, one of its clerks, informed which I maintain now, has been sustained by a vote on this floor of a the House that the Senate had passed, with an amendment in which majority of all the members of the House-163 members sustaining me the concurrence of the House was requested, a joint resolution (H. on a yea-and-nay vote. Res. 201} to correct an error in the act making an appropriation for l\1r. BURNES. Mr. Ch-airman, I beg leave to deny that any yea­ the Department of Agriculture for the fiscal year ending June 30, and-nay vote was taken upon this proposition. 1889, and for other purposes. Mr. DIBBLE. And owing to the absence of many of the members The message also announced that the Senate had passed a bill (S. of the Honse- 3276) granting a restoration of pension to Sarah A. Woodbridge; in Mr. PAYSON and 1\Ir. BURNES demanded the regular order. which the concurrence of the House was requested. Mr. DIBBLE. I am perfectly willing to proceed with the regular LANDS FOR PEORIA. AND 1\IIA.MI INDIANS. order, but was only replying to what the gentleman from Arkansas The· SPEAKER pro tempore appointed as conferees on the part of the [Mr. DUNN] had said. • Honse on the disagreeing votes of the two Houses on the bill (H. R. Mr. DUNN. I had not completed what !wanted to say, if the gen­ 8074) to provide for allotment of lands in severalty to United Peorias tleman wants to reply. I was going on to remark-- and Miamis in the Indian Territory Mr. ALLEN of Mississippi, Mr. Mr. DIBBLE. I believe I have the floor if any one is entitled to it. COBB, and Mr. PER~INS. The CHAIRMAN. The regular order being demanded neither gen­ ORDER OF BUSINESS. tleman is entitled to the floor, but the count by tellers will proceed. The SPEAKER pro tempore. The question is now on the motion or Mr. ALLEN, of Uississippi I would like a little more speech-mak- the gentleman of Missouri [1\Ir. BURNES] to dispense with the consider­ ing on this q nestion. [Laughter.] · ation of private business for this day. Mr. DIBBLE. I am ready to oblige the gentleman if the House will JI,Ir. PERKINS. I presume the gentleman from Missouri would not give me the privilege of proceeding. object to the consideration of private business after we dispose of the The CHAIRMAN. The tellers will resume their places and con­ deficiency appropriation bill, if we should do so in a short time. tinue the count. Mr. BURNES. Certainly not. Mr. BURNES. I am advised, Mr. Chairman, that many gentlemen Mr. PERKINS. I understand the gentleman's object is simply to go are refraining from voting under the impression that this is a contin­ into Committee of the Whole to dispose of that bill. uation of the vote begun on yesterday. The SPEAKER pro tempo1·e. The motion of the gentleman from Mis­ The CHAIRMAN. The Chair has stated already· that this vote souri is to dispense with the consideration of private business, with the would be taken de 'I!OVO this morning; and the Chair hopes that all understanding that when the deficiency bill shall have been disposed gentlemen present will vote one way or the other, so that the com;. of, private business may be entered upon. mittee will not find itself without a quorum. The motion was agreed to. Mr. DIBBLE. I rise to a question of order. The CHAIRMAN. The gentleman will state it. DEFICIE.l.'\CY .A.PPROPRIATIOY BILL. Mr. .DIBBLE. I am inJormed that the gentleman from North Car-; l\1r. BURNES. I move that the House resolve itself into the Com­ olina [Mr. SIMMONS] voted under a misapprehension, and has stated mittee of the Whole House on the state of the Union for the purpose that he desires to change his vote from the affirmative to the negative. of resuming the consideration of the bill tH. R. 10896) making appro­ Mr. SIMMONS. I expected to make that request myself as soon as priatioll$ to supply deficiencies in appropriations for the fiscal year end­ the vote by tellers was announced. I am obliged to the gentleman. ing June 30, 18 8, and prior years, and for other purposes. The CHAIRMAN. The tally clerk will. take notice of the change. The motion was agreed to. 1\!r. :OIBBLE. I ask the Chair to state the present condition of the The Hou.e accordingly resolved itself into the Committee of the vote. . Whole Houso on the state of the Union, Mr. SPRINGER in the chair: The Chair announced the vote as-ayes 84, noes 68•

.- -

1888. CONGRESSIONAL BECORD-HOUSE. ·- 7931 1'1fr. DIBBLE. As there is evidently no quorum present, I move that Dargan, Hopkins, ill. Morrow, Snyder, Darlington, Hopkins, N.Y. Morse, Sowden, the usual proceedings be taken to terminate the ca~ I have made the Davenport, Houk, Norwood, Spinola., point tb~t no quorum bas voted, which point I now insist· upon, and De La.no, Howard, Oates, Spooner, ask that the roll be called. Dingley, Hudd, O'Donnell, Stephenson, Dorsey, Johnston, N. C. O'Ferrall, Stewart, TeL The CHAIRMAN. The Committee of the Whole House on the state Dunham, Jones, Outhwaite, Stewart, Vt. of the Union having found itself without a quorum, under clause 2, of Ermentrouf;, Kelley, Owen, Stone, Ky. Rule XXIII, the Clerk will now call the roll. Felton, Kennedy, Patton, Struble, Finley, Lagan, P-eel, Taulbee 1'1fr. BURNES (one of the tellers). One more vote in the affirma­ Fisher, Landes, Perkins, Taylor, k D., Ohio tive. Fitch, L atham, Perry, Taylor, J. D., Ohio :Mr. DIDBLE (the other teller). I object to the announcement of Ford, Lawler, Phelps, Thomas, Ky. French, Lee, Pid~ock, Thomas, ill. any other votes by tellers after the statement has been made by the Funston, Lo41g, Plumb, Thompson, CaL Chair. Gaines, Maffett, Pugsley, Tillman, The CHAIRMAN. It will not change the result. Glover, Mahoney, Randall, Wade, Goff, l'Uason, Rayner, Weber, The Clerk will can the roll. Granger, McAdoo, Reed, West, The roll was called, and the following members failed to answer to Greenman, IIIcClammy, Rice, White,N.Y. Grosvenor, McComas, Robe1·tson, 'Whiting, :Mich. their names: Guenther, McCullogh, Rowell, Whiting, Mass. Allen, Mass. D alzell, Kennedy, Reed, Hare, McKinley, Russell, Conn. 'Vickham, Anderson, Iowa Dargan, Lagan, Rice, Harmer, IIIcKinney, Russell, IIIass. Wilber, Atkinson, Darling ton, Landes, Robertson, Hatch, IIIc Iillin, Rusk, Wilkins, Bacon, Davenport, Lawler, RowelL Hayden, McRae, Ryan, Wilson, W.Va. Baker, N.Y. Davidson, Ala. Long, Russell, Conn. Hayes. McShane, Scott, Woodburn, Barry, De Lnno, Macdonald, Russell, Mass. Hemphill, Milliken, Seymour, Yardley, Belden, Dingley, Maffett, Rusk, • Henderson, Iowa Mills, Shaw, Yoder. Delmont, Dorsey, Mahoney, Scott, Hogg, Moffitt, Snively, Biggs, Dunham, Mason, Seymour, IIolmes, Montgomery, Simmons, Bingham, Ermentrout, Matson, Shaw, Blanchard, Felton, McAdoo, Shively, The SPEAKER pro tempore. The doors will be closed and the nam~ Boutelle, Finley, McClam my, Snyder, of absentees called for excuses. Bowen, .-Fisher, !lieComas, Sowden, The names of absentees were called as follows: Brewer, Fitch, 1\IcCullogh, Spinola, Brower, Ford, 1\IcKinley, Spooner, Mr. ALLEN, of Massachusetts: No excuse offered. Browne,T.H.B.,Va. French, McKinney, Stephenson, ·Mr. ANDERSON, of Io·wa: No excuse offered. Brown, Ohio Funst-on, M cMillin, Stewarh Tex. 1lfr. ATKINSON : No excuse offered. Brumm, Gaines, McRae, Stone, Ky. Buchanan, Glover, McShane, . Struble, Mr. BACON: No excuse offered. Buckalew, Goff, 1\lilliken, Taulbee, Mr. BAKER, of New York: No excuse offered. Burnett, Granger, :Mills, Taylor, E . B., Ohio Mr. BARRY: No excuse offered. Burrows, Greenman, 1\Io:ffi.tt, Taylor, J.D., Ohio Butler, Grosvenor, Montgomery, Thomas, Ky. Mr. BELDEN: No excuse offered. Campbell, F., N. Y. Guenther, Morrow, Thomas, Ill. 1\fr. BELMONT : No excuse offered. Campbell, Ohio Hare, :1\Iorse, Thompson, Cal. Mr. BIGGS: No excuse offered. Campbell,T.J., N. Y.Harmer, Norwood, Tillman, Candler, Hateh, Oates, Wade, Mr. BINGHAM . No excuse offered. Carlton, Hayden, O'Donnell, Weber, Mr. BLANCHARD. Catchings, Hayes, O'Ferrall, West, Mr. WILKINSON. I ask that my colleague, Mr. BLANCHARD, be Chipman, Hemphill, Outhwaite, White, N.Y. Clardy, Hires, Owen, Whiting, ~Iich. excused on account of illness. Clark, Hogg, Patton, Whiting, Mass• . There was no objection. Cockran, Holmes, Peel, Wickham, :M:r. BouTELLE: No excuse offered. Cogswell, Hopkins. Ill. Perry, Wilber, Collins, Hopkins, N.Y. Phelps, Wilkins, Mr. BROWER: No excuse offered. Cooper, Honk, Pidcock, 'Vilson, W.Va. 1rlr. T. H. B. BROWNE. Cothran, Howard, Plumb, Woodburn, Mr. YOST. 1r!y colleague, 1'1fr. BROWNE, of Vrrginia, has leave of Cox, Hudd, Post, Yardley, Crouse, Johnst-on, N.C. Pugsley, Yoder. absence. Cummings, Jones, Randall, Mr. BROWN, of Ohio: No excuse offered. Cutcheon, Kelley, Rayner, Mr. BRm.nr: Ko excuse offered. Ur. PENINGTON; Tbegentlemanfrom Michigan [Mr. CHIP.l\IAN] Mr. BucHANAN: No excuse offered. Mr. BUCKALEW. left the House a few moments ago feeling quite unwell, and I desire to . make this announcement on his behalf. :Mr. LYNCH. I ask that my colleague, Mr. BUCKALEW, be excused, Mr. DAVIS. I desii·e to ask that my colleague [l\Ir. WHITING, of as he is absent on account of imnortant business. . Massachusetts,] be excused on account of sickness, unless he already There was no objection. ~ has leave of absence. .- Mr. BURNETT: No excuse offered. The CHAIRMAN.. The time for making excuses will be when the Mr. BURROWS: No excuse offered. roll is called in the House. Mr. FELIX CAl'liPBELL: No excuse offered. The committee will now rise, and the Clerk will report the names Mr. CAMPBELL, of Ohio: No excuse offered. of the absentees to the Houge, to be entered upon the Journal. :Mr. TIMOTHY J. CAMPBELL: No excuse offered. M:r. LAFFOON. I would like to ask that my colleague [M:r. STONE] Mr. CANDLER: No excuse offered. be excused, on account of sickness. Mr. CARLTON: No excuse offered. The CHAIRUAN. That can be done in the House. Mr. CHIP.i\IAN. The committee will now rise. Mr. PENNINGTON. 1'1fr. CHIPl'IIAN was in the House an hour ago The committee accordingly rose; and the Speaker p1·o tempore having and left., as he was feeling very unwell; and I ask that be be excused. taken the chair, Mr. SPRINGER reported that the Committee of the There was no objection. ,Whole House on the state of the Union, having bad under consideration Mr. CLARDY: No excu e offered. the bill H. R. 10896, the deficie~cy appropriation bill, bad found it­ Mr. CoCKRAN: No excuse offered. 'self without a quorum, whereupon be bad directed the roll to be called, Mr. COGSWELL: No excuse offered. ' ·and now reported the names of the absentees to the House. Mr. COLLINS: No excuse offered. The SPEAKER pro tempore. The names of the absentees will be en­ Mr. CoOPER: No excuse offered. tered upon the JournaL No quorum has answered upon the call. Mr. COTHRAN: No excuse offered. : Mr. BURNES. I move a call of the House. Mr. Cox: No excuse offered. 1 The motion was agreed to. Mr. CRAIN: No excuse offered. : Mr: coyvLES. ~{y friend and colleagu,e, Mr. JOHNSTOY, of North Mr. .CROUSE: No excuse offered. ,Carolma, IS absent from the Honse on account of sickness. l\Ir. CumiiNGS: No excuse offered. 1 The SPEAKER pro tempore. Excu es will be in order on the second Mr. • CUTCHEON: No excuse offered. call of the roll. The -Clerk will call the roll. Mr. ALLEN, of Michigan. 1\Ir. Speaker, is it necessary and proper l The Clerk called the roll, when the following-named members failed to render excuse for gentlemen who are absent by leave of the House? to answer: The SPEAKER pro tempore. Unless the House makes some other 1 Abbott, Biggs, Bunnell, Cockran, order it is not necessary. It is not necessary to render excuse for gen- I Allen, Mass. Bingham. Burnett, Cogswell, tlemen who have leave of absence. . 'Anderson, Iowa Blanchard, Burrows, Collins, Mr. ALLEN, of Michigan. I ask that, because the RECORD makes . 'Arnold, Bland, Campbell, F., N.Y. Cooper, !Atkinson, Boutelle, Campbell, Ohio Cothran, no mention of the fact that members are absent by leave of the House 'Bacon, Brower, Campbell,T.J.,N.Y Cox, in a proceeding of this kind, bnt there appears opposite the names of !Baker, N.Y. Browne,T.H.B.,Va. Candler, Crain, those who do not answer, "No excuse offered., •Barry, Brown, Ohio Carlton, Crouse, ·Bayne, Brumm, Chipman, Cummings, The SPEAKER pro temp01·e. The RECORD does contain notice of the Belden, Buchanan, Clardy, Cutcheon, leave of absence granted to a member, but not perhaps at the particular Belmont, Buckalew, Clark, Dalzell, point where there are proceedings under the call of the House. 7932 CONGRESSIONAL-RECORD-HOUSE. AUGUST 24,

Mr. WARNER. I would raise the question, because I find on look­ - Mr. MILLIKEN: No excuse offered. ing at the RECORD that members who were excused by order of the Mr. MILLS: Noexcnse offered. House appear in the RECORD in proceedings under a call of the House Mr. MOFFITT: No excuse offered. with ''No excuse offered'' opposite their names, and nothing appears Mr. MoNTGO:MERY: No excuse offered. in the RECORD of that day to show that they were excused by order of :MI. MoRRow: No excuse offered. the House. It seems to me that the RECORD should show that mem­ Mr ~ MORSE: No excuse offered. bers were absent by the leave of the-House. Mr. NoRWOOD: No excuse offered. The SPEAKER pro tempore. The Chair bas observed that that is Mr. OATES. the practice, that although members are excused by leave of the Honse Mr. COBB. I desire to say that my colleague, Mr. OATES, is ab-. the roll-call shows according to the RECORD that no ex<'use was offered. sent on duty for the Honse. That., however, has been the practice of compiling the record of the Mr. O'DoNNELL: No excuse offered. House and that is a practice of the propriety of which the present occu­ :Air. O'FERRALL. 1 pant of the chair thinks there may be some doubt.. Mr. WISE. My colleague, Mr. O'FERRALL, is absent on account of Mr. ALLEN, of Michigan. Would it be in order to move. that the important business. I ask that he be excused. RECORD should show who of those absentees had leave? I found myself There was no objection. in that category a few days ago, when I had lieen excused. I do not Mr. OUTHWAITE: No excuse offered. care to appear as one of the "foolish virgins." Mr. . OwEN: No excuse offered. The SPEAKER pro ,tempore. The present occupant of the chair Mr. PATTON: No excu...~ offered. would be glad that that question might be made at some time when Mr. PEEL. the regular presiding officer of the House is in the chair. Mr. DUNN. Mr. Speaker, my colleague, 1\fr. P.EEL, is absent by. Mr. DALZELL: No excuse offered. leave of the House. Is it necessary to ask that he be excused? Mr. DARGAN. The SP~AKER pro ternpm·e. It is not. :Mr. DIBBLE. I ask that my colleague, Mr. DARGAN, be excused. Mr. PERRY: No excuse offered. There was no objection, and it was so ordered. Mr. PHELPS. Mr. DARLINGTON: No excuse offered. Mr. KEAN. I ask that my c~lleague be excused on account of im- Mr. DAVENPORT: No excuse offered. port~nt business. Mr. DELANO: No excuse offered. '.rllere was no objection. Mr. DINGLEY: No excuse offered. Mr. PIDCOCK: No excuse offered. 1\Ir. DoRSEY: No excuse offered. Mr. PLUMB: No excuse offered. 1\Ir. DUNHAM: No excuse offered. Mr. PuGSLEY: No excuse offered. Mr. ERMENTROOT: No excuse offered. Mr. RANDALL: No excuse offered. 1\Ir. FELTON. _ Mr. RAYNER: No excuse offered. Mr. McKENNA.. I ask that my colleague, Mr. FELTON, be excused. Mr. REED: No excuse offered. He is unavoidably absent on important business. Mr. RICE: No excuse offered. There was no object10n. Mr. RoBERTSON. Mr. FINLEY: No excuse offered. Mr. WILKINSON. My colleague, Mr. ROBERTSON, is absent on Mr. FISHER: No excuse offered. leave. Mr.. FITCH: No excuse offered. .1\fr. RoWELL: No excuse offered. 1\Ir. FORD: No excuse offered. Mr. RusSELL, of Connecticut: No excuse offered. :Mr. FUNSTON: No excuse offered. Mr. RussELL, of Massachusetts: No excuse offered. Mr. GAINES: No excuse offered. Mr. RusK: No excuse offered. Mr. GLOVER: No excuse offered. Mr. RYAN: No excuse offered. Mr. GoFF: No excuse offered. Mr. ScoTT: No excuse offered. Mr. GRANGER: No excuse offered. Mr. SEYMOUR: No excuse offered. Mr. GREENMAN: No excuse offered. Mr. SHAw: No excuse offered. Mr. GROSVENOR: No excuse offered. Mr. SHIVELY: No excuse offered. Mr. GUENTHER: No excuse offered. Mr. SIMMONS: No excuse offered. Mr. HARE: No excuse offered. Mr. SNYDER: No excuse offered. Mr. HARMER: No excuse offered. Mr. SoWDEN. _ Mr. HATCH: No excuse offered. Mr. SAYERS. Mr. SowDEN's wife has been quite unwell for ten Mr. HAYDEN: No excuse offered. or fifteen days, and on Wednesday he left to take her home to Penn­ Mr. HAYES: No excuse offered. sylvania. I therefore ask that he be excused. Mr. HEMPHILL: No excuse offered. There was no objection. Mr. HoGG: No excuse offered. Mr. SPINOLA: No excuse offered. Mr. HoLMES: No excuse offered. Mr. SPOONER: No excuse offered. Mr. HoPKINS, of illinois: No excuse offered. Mr. STEPHENSON: No excuse offered. Mr. HoPKINS, of New York: No excuse offered. Mr. STEWART, of Texas: No excuse offered. Mr. Homr: No excuse offered. Mr. STEWART, of Georgia: No excuse offered. Mr. HowARD: No excuse offered. Mr. STONE, of Kentucky. Mr. HUDD: No excuse offered. Mr. LAFFOON. I ask that my colleague, Mr. STONE, be excused 1\lr. JOHNSTON, of North Carolina. on account of sickness. Mr. HENDERSON, of North Carolina. My colleague, Mr. JOHN· There was no objection. STON, is absent on account of sickness, and I ask that he be excused. Mr. TAULBEE. There was no objection. Mr. BRECKINRIDGE, of Kentucky. My colleague, Mr. TAUL­ Mr. KELLEY: No excuse offered. BEE, was suddenly called home by illness in his family on last Sa9- Mr. KENNEDY: No excuse offered. bath, and I ask that he be excused. Mr. LAGAN: No excuse offered. There was no objection. 1t1r. LANDES: No excuse offered. Mr. EZRA B. TAYLOR: No excuse offered. Mr. L.ATHAM: No excuse offered. Mr. JosEPH D. '.rAYLOR: No excuse offered. Mr. LAWLER: No excuse offered. Mr. THOMAS, of Kentucky: No excuse offered. Mr. LONG: No excuse offered. Mr. THOMAS, of illinois: No excuse offered. Mr. MAFFETT: No excuse offered. Mr. TILLMAN: No excuse offered. Mr. MAHONEY: No excuse offered. Mr. W AI>E: No excuse offered. Mr. MASON: No excuse offered. • Mr. WEBER: No excuse offered. Mr. MCADOO. Mr. WEST: No excuse offered. Mr. KEAN. Mr. Speaker, I ask unanimous consent thBt my col- Mr. WHITE, of New York: No excuse offered. league, Mr. McADoo, who is out of the city on business, be excused. Mr. WHmNG, of Michigan: No excuse offered. There was no objection, and it was so ordered. Mr. WHITING, of Massachusetts. Mr. :rticCL.AMMY: No excuse offered. Mr. DAVIS, I ask that my colleague, Mr. WHITING, be excused Mr. McCo.r.rAS: No excuse offered. on account of illness. Mr. McCuLLOGH:-- No excuse offered. There was no objection. Mr. McKINLEY: No excuse offered. Mr. WICKHAM. Mr. McKINNEY: No excuse offered. Mr. ROMEIS. I ask that my colleague, Mr. WICKIIA.M, be ez;:• Mr. McMILLIN: No excuse offered. cused on account of sickness. Mr. McSHANE: No excuse offered. There was no objection. 1888. CONGRESSIONAL RECORD-HOUSE. 7933

- ~Ir. WILBER: No excuse offered. I do not think the necessity for raising it will exist. This arrange- .M:r. WILKINS: No excuse offered. ment will give an opportunity to members who desire to be present so Mr. WILSON, of West Virginia: No excuse offered. that we may have a fnll vote lilld a fair and proper settlement of this Mr. WooDBURN: No excuse offered. question. A number of telegrams have been received from members, :Mr. YARDLEY. I suppose on both sides; expressing a desire to be present when the final Mr. McCORMICK. I ask that my colleague, Mr. YARDLEY, be ex- vote is taken. Therefore, in the interest of the dispatch of business I cused on account' of important business. submit what I think is a fair proposition. There was no objection. :Mr. BURNES. Mr. Speaker, I presume I shall have unanimous con- Mr. YoDER: No excuse offered. sent to make a reply to the proposition of the gentleman from ..., outh Mr. HOVEY. I ask that my name be called. Carolina. We have under consideration one of the general appropria- :Mr. LA FOLLETTE. 1\fr. Speaker, will the names of those who are tion bills of this House. We are near the close of August and there ·excused by the House appear in the RECORD as absent on leave? are gentlemen who are claiming that we are detaining the Senate in The SPEAKER pro tempore. Under the practice of compiling the session. At any rate we are considering a general appropriation bill. RECORD the Chair thinks that the RECORD of that day will not show We have upon our Calendars probably ten thousand claims of equal the fact that members are absent on leave. It is the practice that has merit, to MY the least for them, with the claims now under consider­ obtained, that those who have had previous _absence will not be shown ation. Why, then, should we be so anxious to retard the general busi­ in the RECORD. ness of Congress, to disappoint the expectations of the country, and to Mr. LA FOLLETTE. Then I desire to state that my colleague, Mr. keep ourselves here struggling in a close House with closed doors ovet CLARK, of Wisconsin, is absent with leave ofthe House. this business, when at best but $448,000 of these claims could be con- The SPEAKER pro ternpore. One hundred and fifty-eight gentlemen sidered in this bill under any view of the point of order pending, and have answered when their names were called, not a quorum. the forty millions that ~re trooping on behind are certainly as men- Subsequently the following-named members appeared, and under torious as those which by chance, possibly, but perhaps design, have the rule reported their presence to the Clerk: got to the front? Mr. ABBoTT, The general public business of Congress is now paralyzed for certain Mr. ARNOLD, private claims of a century's age, and we keep ourselves here housed :Mr. BAYNE, in the heat of the dog-days for no better purpose than that of securing :Mr. BLAND, / special advantage for a class of claims no better, but much worse, than Mr. BUNNELL, other classes of claims also pending. , Mr. FRENCH, It seems to me that the general welfare of the whole people and pub- Mr. HENDERSON, of Iowa, lie laws rather than private ones should be preferred. Sixty millions Mr. LEE, of people should be preferred over five thousand people in whose names Mr. :McRAE, these spoliation claims are preferred and pressed with a persisten~y un- Mr. PERKINS, paralleled. The proposition of the gentleman from South Carolina con- Mr. STEW ART, of Vermont, templates the postponement of a general appropriation bill now under Mr. STRUBLE, and consideration. I oppose such delay. Gentlemen who are absent are Mr. THOMPSON, of California. under the same obligations to be present that we are. Mr. BURNES. I offer the resolution which I send to the desk. I decline the proposition of the gentleman from South Carolina, and The resolution was read, as follows: I do it with all proper respect to him and in all kindness. This general Resolved, That the .Sergeant-at-Arms take into custody and bring to the bar appropriation bill has a right to be passed upon and considered with- of the House such of its members as are now absent without leu.ve of the House. out delay. Furthermore, there are only five thousand people, at the The resolution was agreed to. most, interested in these claims, while in this bill, exclusive of these Mr. KEAN. Mr. Speaker, I ask unanimous consent that my col- claims, there are to my certain knowledge ten thousand people, equally league, Mr. 1\fcA.noo, who is out of the city on business, be excused. I meritorious, whose claims are beyond dispute-soldiers of the Repnb­ There was no objection, and it was so ordered. lie, their widows and their orphans, who have little appropriations in Mr. DIBBLE; I ask that my colleague, Mr. D.A.RGAN, be excused. this bill, Treasury allowances for bounty, back pay, commutation of There was no objection, and it was so ordered. rations, lost horses, and the like, the allowance of which will carry ~Ir. DUNN. Mr. Speaker, my colleague, Mr. PEEL, is absent by I sunshine and happiness to their little homes. Shall we then postpone leave of the Honse. Is it necessary to ask that he be excused? this general appropriaLion bill as such, and take the usual and ordinary The SPEAKER pro tempore. It is not. course with these spoliation claims? Mr. DIBBLE. Mr. Speaker, I rise to a parliamentary inquiry. Sir, .the time is now here-this ~.oment-when the-House of Repre- The SPEAKER p1·o tempore. The gentleman will state it. sentahves, regardless of party pohctes, should declare for the tran~ac- Mr. DIBBLE. I wish to ask the Chair bow many members are tion of the public business of the Congress and the country, and rebuke shown to be present by the roll-call and the list of members who have an~tand all attempts to gi ,-c any class of claims such an exclusi "e con­ since reported to the Clerk? sideration as the proposition involves. Already this attempt to secure The SPEAKER pro tempore. One hundred and fifty-eight members special privileges for one class of claims over all other classes bas cost answered on the call, and eleven have since reported, making the total us much valuable time and long delayed the passage of a bill against number one hundred and sixty-nine. which (with spoliation claims eliminated) there is not a single voice. Mr. DIBBLE. That being a quorum, I desire to ask unanimous With my consent there shall be no further delay. I take occasion to consent to make a proposition. notify the House and the country that I shall lose no occasion to press Mr. BURNES. I move that further proceedings under the call be this bill to a final passage. dispensed with. Mr. DIBBLE. :Mr. Speaker-- The motion was agreed to. The SPEAKER pro tempore. For what purpose does the gentleman rise? ORDER OF BUSINESS. Mr. DIBBLE. Has the 1·egular order been demanded? ?vir. BURNES. I move that the Honse now resolve itself into Com­ Mr. BLAND. I demand the regular order. mittee of the Whole for the further consideration of appropriation The SPEAKER pro tempore. As the Chair understands the situa­ bills. tion, the gentleman from Mjssouri [Mr. BURNES] moved that the House Mr. DIBBLE. I ask unanimous consent to submit a proposition for resolve itself into Committee of the Whole on the state of the Union for unanimous consent. the further consideration of appropriation bills, and pending that the The SPEAKER p1·o tempore. Pending the motion of the gentleman gentleman from South Carolina [Mr. DIBBLE] obtained unanimous from Missouri [Mr. BURNES], the gentleman from South Carolina [Mr. consent to submit a. proposition to the House. The Chair understands DIBBLE] asks unanimous consent to submit a. proposition. Is there ob­ that proposition to be objected to, and the question now recurs upon jection? the mot ion of the gentleman from Missouri [Mr. BURNES] that the There was no objection. House resolve itself into Committee of the Whole on the state of the Mr. DIBBLE. Mr. Speaker, my proposition is founded upon the Union for the further consideration of appropriation bills. fact that on examining the pairs of absentees I find that quite anum­ Ur. DIBBLE. Pending that I move, as a quorum has now been ber of those who would vote on ~he side of the question which I rep­ developed, that the Honse take a. recess until 8 o'clock to-night. resent have been unable to get here in time, and that the number of The question being taken on the motion of Mr. DIBBLE, there were­ absentees on that side i.;; much larger in proportion than on the other ayes 58, noes 54. side. In view of that fact, in order that both sides may have an equal Mr. llU RNES. I make the point of no quorum, and call for tellers. opportunity to have members present, so that there-may be a fnll vote The SPEAKER p ro temporP. No quorum having voted, the Chair on this question, I ask unanimous consent that it be made a special will order tellers. order for Tuesday next at 1 o'clock, so that on this day we may go Mr. DIBBLE. I suppose we had better have the yeas and nays. into committee and settle the question. At that time I will raise no Ur. DOCKERY. I hope the gentleman will not ask for the yeas point as to a quorum, and I do not think any such point will be raised. and nays 7934 CONGRESSIONAL RECORD-HOUSE. AUGUST 24,

:rt!r. DIBBLE. The gentleman from 1\fissouri has made the point of order he can epeak for all the absent" friends of these claimants and of no quorum, and the yeas and nays wi11 be the best way to settle the these claims. I am gratified that he can with perfect certainty count question. on every friend of these spoliation claims who is absent as being in The SPEAKER pro tempore. Does the gentleman call for the yeas favor of the pending point of order. The interest they have shown for and nays? their payment must be deemed paramount to a just decision of the law Mr. DIBBLE. Well, let the count by tellerB go on. on the point of order. I hope they are not all "made that way." Mr. BURNES and Mr. DIBBLE were appointed as tellers. Mr. DIBBLE. I will take the balance of my time to say that I in­ The SPEAKER pro tempore. The gentleman from South Carolina tend they shall have the opportunity, so far as I can procure it for them, [Mr. DIBBLE] will please give his attention for a moment. The Chair whether, when they come back here, they vote for or against the claims. unde~tands the gentleman's motion to include the idea that the e-ven­ They have been favorable to them heretofore; and while those who are ing seSsion be devoted to the consideration of the business which has favorable to them now present appear to be in the minority, I believe heretofore been set apart for Friday evenings. that those who are favorable to them are in the majority of those ab-" Mr. DIBBLE. I presume so, of course. sent from the House. 11-Ir. ANDERSON, of Kansas (before the tellers had announced their l'lfr. DUNN. Does the gentleman from South Carolina speak for count). Mr. Speaker, would it be in order to inquire how the vote all those who are absent? Some of them, like some of those present, stands? may have changed their opinions. The SPEAKER pro tempore. If all gentlemen who desire to vote have l\lr. DIBBLE. I am in favor of giving those who are absent an op­ done so, the Chair will announce the result. portunity to record themselves upon this question, whether their views 1\ir. BURNES. Before the announcement is made, I would like to be changed or not. make a very brief statement. PRINTING PRESIDENT'S MESSAGE. The SPEAKER pro tempore. The gentleman from Missouri asks unanimous consent to make a statement. Mr. RICHARDSON. Mr. Speaker, on yesterday the Rouse directed Mr. DIBBLE. I suppose I shall be included in that request. the Committee on Printing to investigate and report to the House the The SPEAKER p1·o tempore. The gentleman from Missouri and the cost of printing the President's message on the subject of our relations gentleman from South {)arolina each desires to make a statement. Is with Canada, and the statutes and treaties therein referred to. The there objection? committee has made the investigation and find that it will cost $356.40 Mr. CULBERSON. Regular order. to print 15,000 copies of the document referred to. I ·ask the Chair The SPEAKER pro tempore. The regular order is demanded. The now if I may submit the report pending this count hy tellers? Chair will announce the result. On this question the ayes are 68, the The SPEAKER pro tempo1·e. It could only be done now by unani­ noes 62. No quorum has voted. · mous consent. Mr. FARQUHAR. No one made the point. Mr. RICHARDSON. I ask unanimousconsent tosubmitthe report The SPEAKER pro tempore. The gentleman from Missouri [Mr. at this time. BlJRNES] made the point, and thereupon the Chair ordered tellers. The SPEAKER pro tempore. Is there objection to suspending the 1\lr. FARQUHAR. The point has not been made since the announce­ present proceedings temporarily to enablE} the gentleman from Tennes­ ment by the Chair. see to submit a report from the Committee en Printing for present con­ The SPEAKER pro tempore. Upon the point of ''no quorum '' being sideration? made, tellers were ordered by the Chair; and unless the gentleman Thel'e was no objection. from Missouri withdraws his point, the Chair will certainly not con­ Mr. RICHARDSON. I now send to the desk the report, which I sider it withdrawn. ask to have read. Mr. BURNES. I desire very much to make a statement, which I I want to state, Mr. Speaker, that there was no resolution introduced think would be of interest to the House. [Cries of "Go on!"] on yesterday, and hence we can not report one back to the House, but Mr. DOCKERY. I hope my colleague [bfr. BURNES] will have the simply report back the proposition ordered to be investigated by the opportunity he asks. Committee on Printing, and on which we base the report. I now make 1\fr. DIBBLE. I hope I sha.ll be included in the same privilege. the report, and follow it with a motion to print 15,000 copies of the The SPEAKER pro tempore. The Chair will again put the question. message and documents referred to. Is there objection to the gentleman from Missouri [M:r. BURNES] and Mr. FARQUHAR. I would like to ask, Mr. Speaker, if the orcler the gentleman from South Carolina [Mr. DrnnLE] making each a state­ of the House made on yesterday is a matter of :record on the minutes ment to the House? this morning? I refer to the order instructing the Committee on Print­ Mr. CULBERSON. Regular order. ing to make this report. 'l'he SPE.AKER pro tempore. The regular order is demanded, which The SPEAKER pro tempore. The Chair supposes the J ou.rnal will is equivalent to an objection. show everything that was done in that connection. The tellers resumed their count. ~Ir. FARQUHAR. '£here was no resolution offered at the time; 1\fr. BURNES (before the count was concluded). I ask nnaniwous simply a verbal motion; and I want to know if, as a matter of fact, the consent for one minute of time to be occupied by the gentleman from Journal of the proceedings of yesterday shows that there was sufficient South Carolina and myself. authority given_ to ·the committee to make this investigation andre- The SPEAKER pro tempore. The gentleman from Missouri asks port? · unanimous consent that the gentleman from South Carolina and him­ 1\fr. RICHARDSON. The order was formally made upon the com­ self be allowed one minute each, in which to make an explanation. mittee to submit a report. Is there objection? The Chair hears none. .1\{r. FARQUHAR. The Speaker has not so stated. · ~fr. BURNES. Mr. Speaker, I have every disposition in the world The SPEAKER pro tempore. The Journal Clerk states that he him­ to preserve the pension session to-night; and if this remaining halt· self reduced the motion to the form of a resolution, the form in which hour of to-day's se8sion shall be devoted to the consideration of a gen­ it appears upon the Journal. eral appropriation bill, I pledge myself that I will do no act which The Clerk will read. the report submitted _by the gentleman from will place upon the record the fact tha-t there is no quorum; so that the Tennessee. pension session can go on. The Clerk read as follows: Mr. DIBBLE. Mr. Speaker, it so happens that just at the present The Committee on Printing have considered the proposition to print 15,000 the gentleman from Missouri would have to make the point of "no copies of the President's message on the subject of the relations with Cnnada, together with the treaties and statutes therein mentioned, which was referred quorum " in order to defeat the pension session. to this committee on yestet·day by the House. The committee find that th~ es­ Mr. BURNES. I beg pardon; I would not have to make that point; tim.ated cost of printing same is $356.40. They therefore-direct me to mnke re­ nnd the Chair has so decided. The point has already been made. port to the House and recommend that 15,000 of said documents be p1'inted for Mr. DIBBLE. So far as that is concerned, I have only this to say: the use of the House. · We can not transact any business in the half hour remaining of to-day's The report was adopted. session. I do not think it right that we should be forced to vote on a Mr. RICHARDSON moved to reconsider the vote by which tho re­ question in regard to which a great many who think with us are, as I port was adopted; and also moved that the motion to reconsider be laid have stated, absentees. Therefore I sup;gest to my friend that he with­ on the table. dlaw the point of "no quorum" and allow the recess to be taken, as a The latter motion was agreed to. majority of those present have voted in favor of it. I made that mo­ ORDER OF BUSINESS. tion simply because I am consistent with my record on the French spoliation matter. I am proposing to sustain a general order of the The SPEAKER p1·o tempore. The telle.rs will resume their places House. Therefore, if the gentleman will withdraw his point, there­ and the count will be renewed upon the proposition submitted by the cess will simply be taken one half-hour earlieJ; than usual. Othe~wise gentleman from South Carolina, that the House now take a recess until we shall waste that half hour, and be no further along than we are now. 8 o'clock, upon which motion no quorum has yet. voted. :M:r. BURNES. 1\Ir. Speaker, I reserved the balance of my time, and Mr. PETERS. I rise to a parliamentary inquiry. · me it now simply_for the purpose of saying that I -am gratified to hear The SPEAKER pro tempore. The gentleman will state it. from the gentleman from Soutl:i. Carolina that upon the pendin~ point Mr. PETERS. If the hour of 5 o'clock arrives while this count ia 1888. CONGRESSIONAL RECORD-HOUSE. 7935

progressing without the appearance of a quorum, can there be any Hugo l'tl. Sta.rkloff, being duiy sworn, testifies that he was formerly surgeon of the Forty-third Regiment of Infantry, Illinois Volunteers; that he was ac­ bumness transacted at the evening session set apart for to-night? quainted with Daniel Willborg, who was a private of Company C of said regi· The SPEAKER pro ternpore. Unless there is reeord evidence that ment; that at the date of his enlistment be was in sound bodily health and free there is no quorum voting when the House resumes its session at the from hernia. He further says that claimant, while in line of duty, guarding baggage train during the march from Bethel to jackson, received an injury by evening session to-night, unless some question of quorum shall then be a wagon tipping over upon him, said injury being hernia and injury to hip; raised, the p1:esent occupant of the chair thinks it will be entirely in that he was disab:ed thereby. and tha:t he was honorably discharged for said _,. order to proceed to transact the usual business :fixed by the special disabilities. Dr. Charles W. Johnson, being sworn, testifies ·that he has been engaged in order. When the hour of 5 o'clock arrives it will be the duty of the the practice of medicine seven years; that he has examined claimant and found Chair unde:r the previous order of the House to declare the Honse in that he has an extensive suppurating sore on left hip; that he is also ruptured, recess until 8 o'clock, the evening session to be devoted to the consid­ and can not wear a. truss on account -of said sore; that he is entirely unable to work and walks about with the assistance of a cane.. / eration of pension bills. It occurs to the Chair that it would not fol- . Dr. .1\L Youngstedt, a regular pra cticing physician of fifteen years' standing, low, because no quorum is present on a vote by a division at the hour · testifies that he examined claimant and found him ruptured and suffering from of recess, that there might not be a quorum at the hour of ~he r~m- suppurating sores on left hip; that he is unable to wear a truss and is, there· fore, entirely unable to perform manual labor. He says, .further, that in his - bling of the House. . opinion said claimant will never be able to perform any manual labor. Mr. DIBBLE. I rise to a p:uliame:n,tary inquiry. Your committee think these facts warrant us in the conclusion thatthe claim· The SPEAKER pro tempore. The gentleman will state it. ant is entitled to an increase of pension, and we therefore respectfully recom· Mr. DIBBLE. If we remain on the :floor until5 o'clock, there can mend that this bill do pass. be an evening session as usual? The bill was l~id aside to be :reported to -the House with the recom­ The SPEAKER pro tempore. The present occupant of the chair . mendation that i~ do pass. thinks that when the hour of 5 o'clock arrives, under the order of the GEORGE ·c. QUICK. House, it is the duty of the Chair to declare the House in recess until Mr. BAKER, 'Of illinois. I call up for consideration the biD (H. R. 8 o'clock. 10738) to increase the pensi.on of Geor~e G. Quick. Mr. DIBBLE. And the fact thnt a quorum has not voted by tellers The bill was read, as foTiows-: when the hour of 5 o'clock arrives would not necessarily preclude the Be it enacted, etc., That the Secretary of the Interior be, and 'he is hereby, &ll· work of the night session? thorized a.nd directed to continue the name of George C. Quick, late a private The SPEAKER p1·o tempore. The Chair thinks not. in Captain MHler's company of illinois ?.iounted Rangers, in the war with the Mr. BURNES. I rise to a parliamentary inquiry. Can gentlemen who Indians commonly called the Black Hawk war, ·ou the pension-:roll, subject to the provisions a.nd limitations of law, at the rate of $45 pel." nwnth, in lieu .of the have passed between the tellers change their votes? pension of $16 per month now l."eceived by said Quick. The SPEAKER pro tempiJre. The Chair will state that he sees no obj-ection to that. The report. (by Mr.: J3LISs) was read, as follows: Mr. BURNES (after further proceedings under the count).. I with­ The Committee on Pensions, to wbom was referred 'the bill (H. R.10738) to in­ crease the pension ·of George <:l. Q1.lick:, have considered the same, -and repmt draw the point of no quorum. as follows: · Mr. DIBBLE. With the understanding that the gentleman from The claimant was a. private in Captain ~:llller's company of Tilinois Mounted Missouri will repeat the motion for a recess, I will sta-te that I will not Rangers in the .Black Hawk war. - He was bonm-ably discharged in .August, 1832. His name was placed on the pension~ToH at "the 1·ate of $8 per month from , make the point.ofno quorum. July 15,1882, for disease of feet, and his pension has-si:D.re been increased to $12, The SPEAKER pro tempore. On this question the yeas are 64, the and then to $16 per month, as the disability increased. The increase to $16 was nays 69; the noes have it and the Honse refuses to take a recess. granted from the 5th day of December, 100. · The board of exa.miningsrrrg-eol!!.S at St.Louis, 1\-Io., under -date of December Mr. BUR~~- I move that we take a recess until 8 o'clock p.m. 5, 1883, stated As follows: The motion was agreed to; and accordingly (at 4 o'clock and 40 min·· "The examination of applicant reveals the following conditions: The arch utes p. m.) the House took a recess until 8 o'elock p.m. of both feet is increased, contraction of plantar muscles. Skin of feet thin and scaly. Locomotion much impaired. Complains that walking causes cramps. Says tha;the can not periarm man.ua.l1abor, which statement w.e believe to be true." EVENING SESSION. On August 6,1884, the board of examining surgeons at Duquoin. Dl., stated: The recess having expired, the House was called to order by Mr. "We find the plantar-surf&Of Drs. s. F. r· _Wehr, C. G. Rayhill, and 1.1. S. Carr, all reputable physicians, who testify to the The SPEAKER pro tempore. The Clerk will .read the order under condition of c1aimant~ s i"eet, and who state that he is unable to perform any· which the evening session is held. manual labor. The Clerk read as follows: The claimant is 'Se\enty-three years of age, :and in poor financial circum- stances. As his disability is such as to incapacitate him for .manual labor, he Resolved, That, until further ordered, on each Friday, at 5 o'clock p. m., the shouid be allowed an increase of pension to $30 per month, which is the rate • House shall take a. recess until7.30 p.m., and after the 15th day of April next aJJowed in similar cases for such a degree-of disabitity. until 8 p. m., at which evening sessions bills on the Private <:lalendar granting Your committee, therefore, recomn:1end the "PSSSBg.e of the bill, am2nded, pensions, reported from the Committee -on Invalid Pensions and the Commit- however, by striking out the words "forty-..tive," in line 8, and inserting in lieu tee on Pensions, and bills on the Private Calendar reported from the Commit- thereof the word "thirty." tee on the Judiciary removing political disabilities, shall be considered, and no The amendment was ogreed to, n.na the bill -as amended was laid other business shall be transacted at such evening sessions, and the House shall adjourn on each of said evenings not later than 10.30 p.m. aside to be reported to the Ho11Se with the recommendation that it do ORDER OF BUSINESS. pass. ~ Mr. MATSON. I move that the House resolve itself into Commit- M.ABY WOODWO.RTIL tee of the Whole to consider bills under the s_pecial order. 'Mr. BOOTHMAN. - 1 .ask consideration of the bill {R. R. 7657) The motion was agreed to. granting .a pensio:n to .M:a.ry Woodworth, -widow of.Ebenezer R Wood- The House accordingly resolved itself into Committee -of the Whole, worth. - Mr. DOCKERY in the chair. · The bill was read, ..as follows: The CHAIRMAN. The House is in Committee of the Whole under Be it enacted, etc .• Tha.t .the Secretary of the .Interior be, and he is .hereby, au- · I d thorized and directed to place the name of .1\Irs. Ma.ry Woodworth, widow of the specla or eL ·- Ebenezer F. Woodworth, late of CompanyL, Second Regiment Michigan Cav· Mr. MATSON. Mr. Chairman, I ask, by unanimous consent, that alry Volunteexs, -on the pension-ron, at the rate prescribed by existing provis­ the roll of members be called in alphabetical order, and each IDember . ions of law_ present, when his name is called, be allowed to call up a bill for con- The repo:rt .(by Mr. THOMPSON, of Ohlo) wru;; read, ns follows: sideration. I also ask that the names of delegates be included in the The Co:mmi.ttee on Im~lid Pensions, towho"lll was re:fe:rred the hill (H. R 7657) list. for the relief of Mary "\Voodworth, snbmi.t the following report: The CH.AIRM.AN. If there be no objection, the request of the gen- Mary Woodworth is the widow of Ebenezer F. Woodw-orth, late a prh-ate in · _.. 11 f [ 'Company L. Third Re,oiment of Miehigan Cavalry Volunteers. Said soldier en- tleman from Indiana will be taken as WJ.e order o the House. After listed at Detroit, Mich., October 1, 1861. The

/ 7936 CONGRESSiONAL REOORD=-HOUSE. AUGUST 24,

months after this time said captain resigned because, as he (LieutenantLeon­ thorized and directed to place on the pension-roll the name of l'!inry Vanbus­ ardson) was informed and believes, he (Captain Botham) feared death at the kirk, widow of .John E. Vanbuskirk, priva te in Company G, First Regiment bands of his own men for the many acts of injustice t, Port-er filed an application for a pension. In April, 1888, he was [Laughter.] granted a pension and rated at $4 a month. There seems to be a controversy among the medical men as to the actual cause of this loss of sight, hence the :Mr. BOOTHMAN. All that is asked is $12. The same as other small rate allowed. However, the fact remains that this soldier of the Union widows. bad a disease of the eyes in the Army which might result in loss of sight; that The bill was laid aside to be reported to the House with the recom- be is totally blind now; in destitute circumstances; an object of charity. The doubts as to the origin of the disease which led to this blindness should be re­ mendation that it do pass. · solved in favor of the soldier. In the opinion of the committee his pension should be increased. They therefore recommend that the words ~ · seventy­ MARY VANBUSKIRK. two" in the sixth line, be stricken out and the word "forty" be substituted Mr. BUNNELL. I call up the bill (H. R. 11029) for the relief of tber'efor, and when so amended the bill do pass. Mary Vanbuskirk. 1\fr. KILGORE. I ask the gentleman from Kentucky whether he The bill was read, as ioilows: will not compromise on $25 a. mont.h in this c: se? Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au- :M:r. CARUTH. No, sir; I will not compromise on $25 a month in ~ .

1888. CONGRESSIONAL BEOORD-HOUSE. -7937

this case, and t.he gentleman from Texas would not ask it if he knew of an army officer who served the country faithfully for thirty years. the circumstances ofthe case. She is not a resident of my dist,rict nor my State. In fact, I never saw Mr. KILGORE. How could this man be down in Texas·a.s a Federal her in my life. In asking favorable action on this bill I am actuated soldier and lose his eyesight? only by a desire to do justice to the widow of a very worthy officer Mr. CARUTH. He was trying to whip you fellows into snbllllSSion with whom all the older members of this House, I presume, had an to that flag. [Ln.ughter.] intimate acquaintance while he was in charge of t ~1 e records of the 11Ir. KILGORE. Did he not get his sore eyes after the war? war here in this city. When he died he left his widow destitute, she Mr. CARUTH. No, sir; he got them during the war. being dependent, as I understand, upon her relatives for support. It Mr. KILGORE. I never heard of any Federal soldiers in Texas dur- seems to me the case is full of merit, and I trust the gentleman will ing the war. This must be an ingenious device to pension some Con­ not object to its consideration. I am perfectly willing to abide by the federate soldier, because that is the only kind of soldier that was there vote of the Committee of the Whole. ' during the war. [Laughter.] The CHAIRMAN. The gentleman from Indiana (Mr. CHEA.DLE] ?l~r. CA~UTH. The trouble, I suppose, with the gentleman from does, however, object. Texas is that during the war he did not want to hear or see anything Mr. CASWELL. I do not understand that the gentleman has the about Federal soldiers in Texas. [Laughter.] He probably did not right to object. come within either seeing or hearing distance of the Union soldiers. The CHAIRMAN. He has no right to object; but as the Chair un- [Laughter.] The fact remains that this soldier was there, and that derstands, he intimates his purpose to insist on a quorum. · from the effects of the Texas fever, which is politely called by another Mr. CASWELL. Then, Mr. Chairman, I will withdraw that bill name in the report, he got sore eyes; that he became disabled, ~d that and ask leave to present another. after the war his defective vision continued until it eventuated in an The CHAIRMAN. The gentleman from Wisconsin (Mr. CASWELL] entire loss of sight, and he is now blind-a blind beggar upon the withdraws the bill just sent up, and, if there be no objection, will call streets of Louisville. And, although I have upon this docket a num­ up another. ber of cases for white people, men and women, soldiers and widows of HARRIET WELCH. soldiers, I have preferred, as a matter of justice and as a matter of Mr. CASWELL. I now call up the bill (S. 2899) granting a pension charity, to call up to-night for the consideration of the Honse this to Harriet Welch. ' claim for this poor blind negro soldier of the Union Army who may, The bill was read, as follows: for aught I know, and I suppose who will, vote the Republican ticket lau!Zhter], because he will not know any better, as he can not see. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby,au- L ~ thorized and directed to place.olt the pension-roll the name of Harriet Welch, [Laughter.] widow of Cyran eo us Welch, late a private in Company U, Thirty~ighth Regi- Mr. KILGORE. If he gets this pension how will he probably vote? ment Wisconsin Volunteers, subject to the provisions and limitations of the [Laughter. J pension laws. :M:r. CARUTH. He is a sensible man, and he knows a good Repre- The report (by :Mr. SAWYER) was read, as follows: sentative in Congress when be sees him, so he will certainly vote for From an examination of the facts as stated in the Senat.e report made herein, my re-election. [Renewed laughter.] and which is adopted and made a part hereof, they believe that this is a meri- Mr. KILGORE. Mr. Chairman, I am inclined to move to amend .torious case, and they therefore recommend that the bill do pass. this bill so as make the amQunt $30 instead of forty. (Cries of to [Senate Report No. 1321, Fiftieth Congress, first session.} "No!" ''No!"] Harriet Welch is the widow of Cyran eo us Welch, who was a private in Com­ Mr. CARUTH. Upon the Committee on Invalid Pensions there are pany C, Thirty-eighth Regiment Wisoonsin Volunteers. Her husband was se­ two physicians that I know ot: One of them is the gentleman from verely wounded in the service and line of duty, and the Pension Office gave him a. pension on account of his wounded leg, and, inasmuch as the disability was New Hampshire [Mr. GALLINGER], and the other is my colleague progressive, the pension was increased. His la.meness continued to grow worse; (Mr. HUNTER]. I give them both a free advertisement when I say so much so as to disqualify him for manual labor and to make him to a consid­ .that they are skillful men in their profession, and they were of the erable extent helpless. He again applied for an increase of pension, and while the claim was pending he was ordered to Green Bay for examination by the opinion from the examination of these papers that this man should medical board in order to determine the degree and rating due to his increased have been granted the full rating under the law, $72 a month, and that infirmity. On his return from Green Bay, the 7th of September, 1877, he fell from rate ought to have been given in the Pension Office, but there was a the cars upon the track and was killed. In reference to this accident, John disagreement of medical authorities. I introduced the bill here for Hammer testified that Welch's leg was so crippled that it often failed him, and it is his belief that his leg gave out and caused him to fall between the cars when $72 a month, and be would have gotten that amount if he had ob­ he was crushed to death. tained his rights; but the committee decided to report the uill at the During the first session of the Forty-ninth Congress a. bill for the relief of the widow of this soldier was passed by the Senate and House of Representatives, rate of $40 a month, and I think that is quite little enough under the and was vetoed by the President. In his objections to the bill the Executive eircums tances. says: Mr. GALLINGER. If the gentleman will permit me to say a word, "The widow's claim, based upon this state of facts, was rejected by the Pen­ we followed the universal rule in the committee. During this Con­ sion Bureau on the ground that the accident. resulting in death was not there­ sult of his military service; and on an appeal taken to the Secretary of the In­ gress we have passed four or five bills at $40 a month in cases identi­ terior, on that determination, the same was sustained." cal in their nature with this. The committee were at the time aware of the action of the Bureau of Pensions and of the justification of its decision by the St!cretary of the Interior. It was Mr. KILGORE. I understand that where there is no question as to for the reason that an allowance of pension under the general laws could not be the cause of the blindness that is the rule. made that an appeal for relief was made to Congress; that a bill for her benefit . 1\fr. GALLINGER. No; it is the rule where there is question. It was introduced and passed. The propriety of special legislation in certain cases is not questioned. In many instances in which severe hardship is the result of · there were no question the Pension Office would have allowed the pen­ inability to comply with the requirements of the Pension Office as to proofs sion. The committee, having examined the case, gave the man the bene­ t.be Commissioner of Pensions admonishes the claimant that his or htlr only al­ fit of the equity, and reported the bill at $40 a month. ternative is to appeal to Congress. Such appe.'l.ls are often made, and in a ma­ jority of instances they are successful. Mr. KILGORE. Did the Pension Office refuse him a pension en­ The committee know of no reason why the case of this widow should be made tirely? an exception. Her husband, by reason of his serv:ce, was made practically help­ Mr. CARUTH. No; they granted him a pension of $4 ~month. less. In his crippled condition he was unable to do anything for her support. In consequence of his untimely death the pension ceased. lt'rom that time to Mr. KILGORE. Well, I will move to amend by striking out '' $40" the present she has been in the lowest depths of poverty. In a letter to the Sen­ and inserting "$30." ator who makes this report, dafed May 4, 1888, she describes her condition in The amendment was rejected. pathetic terms. She says she is sq poor she had to spend the winter with some friends. She is unable to work, bas no friends upon whom she has a claim, no The question recurring on the amendment of the committee to strike money, no home, no comforts. She appealed to the poor-master for relief, and • on t "$72" .and insert "$40," the amendment was agreed to. he said he would send her to the poor-house, and she asks: The bill as amended was laid aside to be reported to the Honse with "Is this the fate of a soldier's wife? I pray that the President will open his the recommendation that it do pass. heart and let me have my pension; I pray he may never suffer for lack of food as I have done." The committee, in reporting this bill, assume with entire confidence that Con­ MRS. ELIZABETH G. SCOTT. gress is not exceeding its powers in extending relief by special enactment in Mr. CASWELL. I call up the bill (S. 944) increasing the pension this and like instances. They also agree with the President that this is indeed a pitiable case, and they believe, with a full understanding of it, it will meet his of Mrs. Elizabeth G. Scott. approval. The bill was read, as follows: The bill is reported favorably with a recommendation that it do pass. Be it enacted, ete., That the Secretary of the Interior be, and he is hereby, au­ The bill was laid aside to be reported to the House with the recom­ thorized and directed to place on the pension-roll, subject to the limitations and provisions of the pension laws, the name of Elizabeth Goodale Scott, mendation that it do pass. widow of Robert N. Scott, deceased,late lieutenant-colonel Third United States JOHN ROBESON. Artillery, at the rate of S50 per month, in lieu of the amount now received by law. Mr. CHEADLE. I call up the bill (H. R. 6201) granting a pension 1t1r. CHEADLE. I give notice that I shall object to the considera­ to John Robeson. tion of any of these bills granting a higher rate of pension than that The bill was read, as follows: authorized by law. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to put on the pension-roll the name of John Robeson, late Mr. CASWELL. It seems to me that if the gentleman would hear of Company H, Sixty-eighth Regiment of Indiana. Volunteers, and to grant him . . this report read he would not object. This is the case of the widow a pension, subject to t.he provisions and limitations of the pension laws. XIX-497 7938 CONGRESSIONAL 'RECORD==HOUSE, .AUGUST 24,

The report (by Ur. MATSON) was read, as follows: tradictory of the statements IIU{de by tho claimant; nevertheless the commilteo do not see that it is incumbent upon them to ignore what lle says ou account of li Claimant was enrolled August 5, 1862, in Company H, Sixty-eighth Indiana. the delinquency of those by whom the r ecord is supposed to have been kept, Volunteers, and was discharged November 2l, 1862, "because of asthma, with or because the Government is unable to disprove his story. The existence of which he has been afflicted from his infancy," ns stated in certificate of dis­ hernia at the present and for a long time heretofore is shown by the examining charge. surgeon, who says: In declaration filed October 24, 1879, he alleges that "while in line of duty at "'He has inguinal hernia of the left side. The intestine readily descends into Lebanon, Ky., on or about September 1, 1862, he was severely attacked with the scrotum when his truss is removed.' asthma, and -previous to being so attacked ho had been greatly exposed night "In reference to the matter Senator \ VILSON has stated in a letter to the com­ and day while on gun.Td, doing such duty, et-c." The claim was rejected on the mittee that he h as known the claimant several years, and for a considerable ground tbftt the alleged asthma existed prior to claimant's enlistment. part of the time saw him almost every day; that he has been anJ is a poor man, The case has been very thorou~hly investigated by special examiners. and and depends on his daily eftorts for the support of himself and family; that after a careful examination of the evidence by the committee we believe that it during all the time he has known him he has presented the appearance of a is fully shown by a. large preponderance of testimony that the claimant was a man suffering from physical disability; that he has often talked with him about sound, healthy man at the time of enlistment, and that the disability for which his pen ion claim, and was and is impre -ed that he stated his case truthfully, he claims pension was incurred while serving in the Army and in line of duty. and that it ought to be allowed. Special Examiner R<>bertson, who made a very exhaustive examination of the "In aletfer to the Pension Offiqe ho speaks of having procured and forwarded case. in closing his report says: the affidavit of the captain of hts company, but it is not on the files; he. also all "The witnesses who have testified before me in this case are reliable as to admits his inability to supply the p roof requi~ d. truth and veracity. While there is some difference astopriorsoundness,inmy "The soldier's service record is good, and lle is respected for his upright opinion the weight of test.imony is in favor of the claimant, and I recommend character by his neighbors. The war records do not supply what is required that this claim be allowed." to prove or dispro"\"e llis claim, but it ba.s no record except that which verifies We deem it unnecessary to encumber the record by submitting extracts from his service. There is no testimony to disprove his statements, but there is cor­ the voluminous testimony on file, and therefore submit a favorable report, and roborative proof from the most reliable sources. recommend the passage of the bill. "The man is sixty-six years old, broken in health, and a. daily sufferer from The bill was laid ~ide to be reported to the House with the recom­ the injury be alleo-es, and the committee feel that it would be an net of cruelty mendation that it do pass. to deny him the s~all relief for which he has been a long and patient suitor. "The bill is reported favorably, with a. recommendation that it do pass. u • VICTORIA 1\IAY. Siince the preparation of the foxegoing report claimant bas filed the affidavtt of two comrades, Jacob F. Garver and Welcome Beach, who testify that they Mr. CHIPMAN. I ask for the consideration of the bill (H. R. 10944) were stationed at Moscow, Tenn., during the months of July and August, 1864; granting a pension to Victoria l\1ay. that some time during the latter month, while employed in placing heavy tim­ bers upon Fort Kendrick for its defen e, claimant received an injury to the ab­ The bill was read, as follows: domen, of which be complained during the remainder of his term o f service. Be it enacted, etc., That the Secretary of the Interior is hereby directed to place Affiants derived their knowledge from beingpresentattbetime and place above the name of Victoria. May1 widow of Paull\lay, late a private of Company K, mentioned. Second Regiment of Michigan Volunteers, on the pension-roll, subjec~ to the Your committee are of opinion that this additional evidence is fully corrobo­ provisions and limitations of the pension laws. rative of claimant's allegations, and therefore rerurn the bill with the recom­ The report (by :Mr. CHIPMAN) was read, as follows: mendation that it do pass. Victoria !\Iay is the widow of Paull\Iay, late a private in Company K, Second The bill was laid aside to be reported to the House with the rec­ Reo-iment Michigan Volunteer Infant ry. He enlisted at the beginning of the ommendation that it do pass. wa~ in 1861, and served to the close in 1865. Several witnes es testify, as is shown by the files of the Pension Bureau, among them his lieutenant-eolonel, that he ELEANOR D. HEA.TH. was a sound, healthy man when he enlisted. His hospital record and the testi­ mony of comrades and officers show that he was badly wounded in the back at Mr. CROUSE. I ask for the consideration of the bill (H. R. 7457) .Jackson, :Miss., in July, 1863. He died inl872. Tbetestimonyfurtherdisclo~~ that he was broken down when he left the A..rmy and continued so until he died, granting a pension to Eleanor D. Heath. so much so as to be unable to perform hard labor. The bill was read, as follows: Several witnesses of good reputation state that he habitually complained of Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ the wound in his back as painful up to the time of his death. Dr. Truedell, a thorized and directed to place upon the pension-roll, subject to the provisions physician, attended him from immediately after his discharge until his death, and limitations of the pension laws, the name of Eleanor D. Heath, mother of . was with him in his last sickness. and examined the wound, which was on the Lewis Heath, late of the One hundred and fourth Regiment Ohio Infantry, right of the dorsal vertebra, finding swelling, great soreness, and pain extend­ based on the evidence on file in the office of the Comm.s ioncr of Pensions as ing clear around to the r ight lung, and testifies that in his opinion the wound case entitled" 1\Iotber, No.311115, Lewis Heath, prin~te Comp:.my H, One hun· had never been cured, but that a tumor had been formed in that region reaching dred and fourth Regiment Ohio Infantry." his right lung, which, in tin?-~· became affect~d, and was.the can:'e of his d~ath. All this testimony was eliCited on her claun for pensiOn, which was rejected The report (by Ur. TrroMPsox, of Ohio) was read, as follows: on the ground that the death was not caused by his military service. The Examination of the claimant's case shows that Eleanor D. Heath was mother reasons given for this are that the record of the city clerk's office in Detroit of Lewis Heath, late a private in Company H. One hundred and fourth Regi­ otates that 1\Iay died of bilious fever, and because the reputation of Dr. True­ ment Ohio Infantry. The soldier, Lewis Heath, was the support of his mother. dell is not good. Who made the certificate on which the record is founded does He drew a pension by certificate Ko. 131763, and this pension was part of the not appear as there was nothing in the clerk's office to show it. means of support which soldier was able to g i"e to his dependent mother. The .AJ; to Dr.' Truedell's reputation there is no statement save that of the exam­ soldier died from the result of injuries received in the service Rnd in line of iner· who assailed him is not disclosed; yettbeclaim was rejected on the ground dnty. Soon after soldier died his widow died. Soldier's mother is old, desLi­ that the physician who testified to cause of death "is old and unreliable." Dr. tute and without means of support, her son, the said Lewis Heath, having been Trnedell h as resided over forty years in Detroit, is a regular physician, and her ~upportnotwithstandingthathe had married ancl left a. widow, whose death practices largely in the ~o.rtion of the city ~here the c~aimant lives. That tl_le was not long after the soldier's death. wound was in bad conditiOn up to the soldier's death IS proved by many Wit­ The Pension Bureau can not allow the mother to draw a pension for the death nesses who testify that it was black, discolored, during his life and when be of her son, her support, because the soltlier died leaving a widow. was p;epared for the grave. It is not claimed that Dr. Truedell ever made any The committee recommend that the hill do pass. other statement, nor that he was cognizant of the death certificate. The soldier, besides the wi strengthen that bill. Uy understanding of the order authorizing this F.riday the f,..rt at 1\Ioscow, Tenn., in anticipation of an attack from General Forrest when he made his raid in the spring of 1864. The event with which be con­ night meeting for the consideration of private pension bills is that it is nects his injury is a historical fact, and the record verifies his presence there at limited to pensions for soldiers in the late war. t he time. Several 1\fiDrn.ERs. No. "In a Jetter to the Pension Office he makes this appeal: l· "'I wish to know how I can get in possession of the surgeon's records that Mr. KILGORE. If I am not mistaken-! may be I;Distaken-that were kept the spring of 1863 on the quarantine island below St. Louis, while I is the limitation of the order. was member of Company II, Thirty-seventh Iowa Infantry, then doing duty ab Mr. CARUTH. I make the point of order against the gentleman. St.. Louis. I think it was some time in March. I was quarantined with small­ pox. as the surgeon's book will show.' Mr. KILGORE. Let the order be read. · "The 'Var Department records furnish no information corroborative or con- The CHA.IRM:A.N. The orderem)Jrace.Sreports from the Committee .,

1888. CONGRESSIONU ]3EOORD-HOUSE. 7939 on Pensions as well as reports fr6m the Comnlittee on Inv~lid Pen­ Vernon (deceased) obtained a leave of absence for a few days to visit his wife and children, who resided about 50 miles down the Missouri line in Bates sions. County, Missouri, on account of sickne"'S in his family. The bil-l was laid aside to be reported to the House with the recom­ " That the said Richard B . Vernon, while at his home on said leave of absence, mendation that it

The proof shows clearly that the boys had stated many times to neighbors The amendment of the committee was agreed to, and the 1ill was and friends that they woutd provide and care for their sister in the future. They were both unmarried, and the claimant has never married. Tliese facts laid aside to be reported to the House with the recommendation that are abundantly substantiated by numerous witnesses, almost all of whom hmre it do pass. known the entire family since the childhood of these boys, and been their im­ llfRS. ELLA ' III. GROVER. mediate neighbors. E. E. Wallace, a resident of Warren County, lllinois, in which the claimant Mr. HERMANN called up the bill (S. 2254) to increase tho pension and her family resided, testifies: "That he has known claimant since 1847, and knew Benjamin and John M. of J'ii.rs. Ella M. Grover. Wilber during their lives; that their mother died in their infancy, when John The bill was_read, as follows: was about one year old and Benjamin a few years older; that claimant gave to Be it enactecl, etc., That the Secretary of the Interior be, and he is hereby au­ them both the care and attention of a mother as long as they lived, enduring thorized and directed to place on the pension-roll, subject to the provisions'and great labor and self-denial; that she is now and for a number of years has been limitations of the pension laws, tbe name of Mrs. Ella M. Grover, widow or in delicate health and is without property and dependent on others, and in too Ctn·i~r Grover, late colonel of the First United States Cavalry, and pay her a. delicate health to care for herself properly." pens10n at the rate of $50 a month in lieu of t.hat she is now receiving. Anne G:Phelps, of said county, testifies to the same substance as the preced­ ing witness (Wallace), adding that she knew of the confidence of the claimant, Mr. CHEADLE. The gentleman had better withdraw it, as I will that the boys would take care of her, and of the claimant's prostration for three raise the question of no quorum. years after their deaths. R. Ogden, now of Bedford, Iowa, swears to about the same state of facts. :Mr. HERMANN. I ask for the reading of the report so we may Edwin Bundy and C. L. Bundy, now of Bedford, Iowa, swear to about the know what the facts in the case are, and why the gentleman object'3 same. to it. .. Eugene Ogden, of :Monmouth, 'Varren County, also corroborates tbese state­ ments. The Clerk proceeded with the reading of the report. Franklin Ogden and Zephaniah Lewis, now of Knox County, Illinois, adjoin­ Mr. M:ACDON ALD. I move that the further reading of the report ing Warren County, swear they knew these boys and claimant from their child­ be dispensed with. If the point of no quorum is to be made it is a mere hood; of the death of their mother and father leaving them penniless; of the care of Lydia for her brothers; that her physical and mental health broke down; waste of time. that previous t-o their enlistment the boys helped to support her. M:r. HERM:A.NN. I ask for the reading of the report so the House N arcissa C. Ogden, of Warren County, swears to the same facts, and adds that may know what the facts are and bow just this case is. _ she knows- "That the said brothers did intend to provide for their said sister, and did The CHAIRMAN. The gentleman from Oregon insists upon the send her a part of their soldiers' wages; that John M. Wilber directed his rending of the report, and the Clerk will proceed to read it. guardian, who was deponent's nephew, t-o pay to his said sister all his means, The report (by Mr. SAWYER) was read, as follows: and that said guardian did so." , Leander Chamberlin, Urania Chamberlin, and Orsan H. Po.tterson, of Henry ~he Committee OI?- Invalid Pensions, to whom was referred the bill (S. 2254) County, Illinois, swear to their personal knowledge, for many years, of the to mcrease the pens10n of Mrs. Ella l'o:l. Grover, have had the same under consid­ labor and care of claimant for her brothers and of her destitution since their eration and beg leave to submit the following facts: deaths. . The bill proposes to increase the pension of the widow of Cuvier Grover E. P. Phelps swears to his knowledge of the care byclahnantofher brothers who died June 6, 1885, while holding the- rank of colonel of First Regiment from their infancy, and of her poverty and ill health since their death. United States Cavalry. She is now o. pensioner at the rate of $30 per month, Rachel A. Bilden, Huldah G. Calkins, L. W. Hardenbrook, Harriet 0. Spicer­ the highest rat-e allowable under the general pension laws. man, and F. D. Ogden swear that claimant cared for and supported these boys Cuvier Grover entered the service in 1846. At the breaking out of the late in childhood; that her health became broken down and still is: that she has war be held the rank of captain, but was soon promoted to brigadier-general of no means of support, and i

jection c::m not be made at this time. When the gentleman from Ore­ "~Iary R. Armstrong, the claimant, is now seventy-one years old, and has been a widow since .April 23, 1884. gon yields the floor the Chair will submit the question to the commit­ "ln view of these racts, your committee recommend the passage of the accom­ tee, at which time it will be proper, if any gentleman desires to do so, panying bill." to make an objection. The bill was laid aside to be reported to the House with the recom­ .Mr. HERMANN. I have called the attention of the gentleman from mendation that it do pass. Ind ianJ. to· a peculiar point which I claim is embodied in this case, and which should merit his kind indulgence and make it an exception to PHILIP THOMPSON. cases of this class to which he has heretofore objected. The fact is that :Mr. JOHNSTON, of Indiana. I call up for present consideration General Grover was brevetted a brigadier-general and a major-general the bill (H. R. 10210) to increase the pension of Philip Thompson. for gallant services on the :field of battle, and he died a colonel in the The bill is as follows: regular Army, for which his widow has been receiving a small pension Be it enacted, etc., That the Secretary of the Interior be, and be is hereby, au­ heretofore. She is in necessitous circumstances, with three small chil­ thorized and directed to increase the pension of Philip Thompson, late a pri­ dren to support. The gallant military career of her husband is well vate of Company D, Seventy-first Regiment of Indiana Volunteers, f1·om $10 per known to all students of history, and I need not mention it now. He month to 372 per month, as now specified in pension certificate No. 56297. was a grand man, a brave soldier, a true patriot, and won his epaulets The report (by Mr. MATSON) was read, as follows: upon the most bloody fields of the late war. He leaves his widow and The claimant is pensioned for gunshot wound of left knee. He made appli­ cation to the Pension Bureau for increase on account of injury t-o right knee -little children to his country. They have but little other independent and heart disease, and the same was rejected on the ground of insufficient evi· income than the very inadequate sum now received. They appeal to dence to establish incurrence of said d isabilities in line of duty. the Government their loved protector so gallantly fonght and bled to As t-o heart disease, John and Barbara Lock testify- " That they have known claimant since 1863, and that after his return from save_ But, Mr. Chairman, rather than delay the passage of other bills the .Army be was always sickly and not able to perform labor. They Jived with to·which no objection is made through the committee to-night, and him and have observed that be was sick and confi ned to his bed most of the in view of the fact that objection has been made to this case, 1 will time. He always complained of pain in heart and in the left breast. He was compelled to walk very slow, otherwise he was taken w ith sharp pains in his trust to securing favorable action of the House on it at some futrue heart. lie did not suffer so much from his aflliction during the first years they time, and ask unanimous consent now that it may be passed over in­ l ived with him, but during the last years he suffered very much, and was con­ formally, retaining its place upon the Calendar. _ fined to his bouse most of the time." Benjamin L. Tribble, of same company and regiment- . The CHAIRMAN. Without objection that order will be made. "Has known claimant before nud since the war_ Knows that claimant was There was no objection, and it was so ordered. sound and healthy at time of enlistment. Since his discha rge he has seen him very frequently, and he has always complained of heart disease which greatly RANSOM RILEY. unfits him fo1· manual labor." Mr. HUNTER. I call up for present consideration the bill (H. R. Asst. Surg. G. Schmidth states- · "That he knew claimant in 1863; treated him for injury to knee, and at the 9182) granting a pension to Ransom Riley. same time he complained of pain in tbe heart, and as I treated him at Indian­ The bill was read, a.

MARY M. SHATTUCK. thorized and directed to place on the pension-roll the name of Henry Mitchell Youngblood, who served in Captain Richard Sloan's company, First Regiment M:r. KERR. I ask to call :up the bill (S. 3076) granting a pension Drafted Georgia Militia, Indian war, 1836, under the name of Michael Young· to M:ary 1\f. Shattuck. blood, and pay him a pension at the rate of 58 per month. The bill was read, as follows: The report (by M:r. BLISS) was read, as follows: Be it enacted. etc., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and The claimant, under the name of l\Iitchell (or :Michael) Youngblood, as shown limitations of the pension laws, the name of lVIa.ry 1\:I. Shattuck, widow of by the report of the War Department, served in Cavt. Richard Sloan's company, 1\lerritt Shattuck, late a private in Company H, Thirty-fifth Regiment Iowa In­ First Regiment Drafted Georgia 1\lilitia., from .June 4 to .July 16, 1836, and was fantry. pa.:d for one month and twenty-five days. The claimant and his wife are each seventy-one years of age, invalids, and in destitute condition. He should have The repOit (by Mr. SAWYER) was read, as follows: a. service pension ns a survivor of the Indian wars. · The facts and evidence appearing in the Senate report, hereto attached and Your committee recommend the passage of the bill amended by striking out made a part hereof, satisfy the committee that this is a. meritorious case, and tho word "eight," ip.line 9, and inserting in lieu thereof the word "thirty." they report favorably and recommend that the bill do pass. During the reading of the report, LSenate Report No. 1462, Fiftieth Congress, first session.] Mr. GALLINGER said: This is evidently a meritorious claim; and The petitioner is the widow of Merritt Shattuck, late a private in Company I ask that the further reading of the report be dispensed with. H, Thirty-fifth Regiment Iowa Infantry. He was enrolled on the 4th of August, Mr. MACDONALD. I object- 1862, and was mustered out August 10, 1865, having served three continuous years. He was pensioned for varicocele and general debility at the rate of S4 a The CHAIRMAN. The report is quite brief. month, and at the time of his death he had a. pending claim for increase. The The Clerk resumed and concluded the reading of the report, as above. widow filed a claim in 1883 for pension for herself and children, which was re­ Mr. MACDONALD. I did not want to object to the request to dis- jected on the ground that he died of pneumonia, a disease not shown to be due to his military service. pense with the reading of the report. ~ The case, as it comes from the Pension Office, is very imperfectly briefed, but Mr. KILGORE. Do you mean to object to the bill? in the opinion of the committee there is ample testimony in the file to show Mr. MACDONALD. I object to the amount :fixed in the bill.· I that the soldier went into the service a. sound man, came out of it broken down, diseased, debilitated, and that death was a. result of his army life. propose to do in this case what the gentleman from Texas proposed in The record reports show that he was sick and in hospital at different times one ()f the preceding cases. Inasmuch as this bill has been introduced with fever and diarrhea. The soldier claimed that he had rupture, which was for $8 a month, and the committee recommend $30, I propose to amend due to hard marching. Dr. R. M. Youngkin, who was soldier's family physician, testifies: it by making it $20 a month. "Prior to and at the date of enlistment he was a. sound, able-bodied man, espe­ 11-Ir. KILGORE. We accept that. cially free from rupture or any disabling cause of the kind. Given from per­ 1\Ir. MACDONALD. That is business. sonal knowledge." Dr. Cobb, late surgeon of the Thirty-fifth Iowa Regiment, testifies: The amendment was adopted. "Treated said Shattuck for bilious intermittent fever, attended with diarrhea. The bill as amended was-laid aslde to be reported to the House with He never was robust after the fever, and was troubled with diarrhea more or the recommendation that it do pass. less during the remainder of his term in the service. Was able for duty only a part of the time. He now, November~ 1880, is not robust, and has varicocele of JOHN D.A UPER-. left scrotum and extending up the cora, which troubles him very much." Martin Rice, an orderly sergeant of Company H, swears that in the spring of Mr. LAIRD. I call up the bill (H. R. 10342) granting o, pension to 1864 Shattuck, on the march up Red River, gave out; that the hard marching John Dauper. and weight he had to carry caused n. rupture. This from his personal knowl- edge. . The bill was read, as follows: l:5enjamin Hill, another comrade, swears to the same statement, and says he Be it enacted, etc., That the Secretary of the.Interior be, and he is hereby, di­ was ruptured in the left side. rected to place on the pension-roll, subject to the limitations and provisions of Two other comrades, Godfrey and Ferguson, swear to the ruptnrc and the the pension laws, the name of .John Dauper, late of Company I, Eighteenth cause. · Regunent of Ohio Volunteer Infantry. Dr. Yonngkin says his disability was such as to disqualify him for labor a greater portion of the time. The report (by Mr. THO:\IPSOY, of Ohio) was read, as follows: .Joseph Owen and 0. H. Easttack testify in 1882 'that they knew the soldier .John. Dauper was a. corporal in Company I of the Eighteenth Regiment of from tbe time be came home; that he was debilitated, and a sufferer from var­ Ohio Volunteer Infantry. He enlisted April24, 1861, for three months, and was icocele to an extent to disqualify him for manual labor. mustered out August 28,1861. He applied for pension because of disability re­ Two other neighbors, Rice and Chapnew, swear that he had rupture when he sulting from diarrhea and disease of stomach, livPr, kidneys, and bladder, con­ came home, and that he wa.s generally broken down. They knew this from tracted in said service in the line of his duty. The examiner who had charge seeing him daily and from being well acquainted with him before. of the case recommended its admission for chronic diarrhea and disease of kid­ Dr. Forlet. who is an official examiner, and who examined him in 1880, says neys and bladder, and its rejection for disease of the liver; but the office re• his disability is varicocele of more than ordinary severity, that he suffers all jected his claim, because, as they allege, "of claimant's inability to furnish ll'at­ the inconveniences belonging to the same. Ita volume is that of a. hen's egg isfactory evidence that he contracted any of the alleged diseases while in serv­ and extends as far up as the external ring of the inguinal canal. ice, there being no record thereof; and it appears thatbe·ca.n not furnish medi· The examining board at Cedar Rapids, Iowa, say: "We find a. varicose con­ cal evidence of the existence thereof .while in _the service or nntil some years dition of vessels of spermatic f:ord, left side," n.nd close with this brief and un­ after discharged." satisfactory statement. Now, while there is no record or medical evidence to show the existence of '.rhis testimony given in support of the soldier's claim for invalid pension es­ the alleged diseases while in service, yet it is clearly shown by the affidavit tablishes the fact of the incurrence of the worst form of varicocele, which some of his second lieutenant, .John Andres, nnd by the affidavits of two comrades, of his comrades called "rupture," and of the serious and permanent impair­ Vincent Ratcliff and Cleveland Lackey, that while in camp near Parkers­ ment of his health. burgh, \V. Va., on or about the lOth day of .June, 1861, during n. rainy night, In the widow's claim there is evidence connecting his disabilities 'vith his the soldier, for want of tents. was compelled to lie all night on the bare death. Dr. Youngkin says be knew the soldier from his boyhood; was his ground, and in consequence of this exposure contracted a severo cold, which father's family physician; always considered him healthy; treated him after was followed by diarrhea; that he was sick from that time forward, and com­ his return from the Army for several yea1-s for varicocele and twice for pneu­ plained of diarrhea, his stomach, kidneys, and bladder; that they have known monia.; always considered his lungs very weak; he suffered from a cough; him from that time until the present, and that he ha.s been sick: and disabled in was pale and emaciated; treated him for chronic diarrhea. the manner stated from the time said disease was contracted as aforesaid nntil Dr. Skinner often saw him during the three or four years prior to his,death. the present time. There is ample testimony to show that be was a. sound, In April, 1883, fonnd him sick with catarrhal J?neumonia. affecting the tissues of healthy, able-bodied man when he enlisted, and ample testimony, medical and both lungs; constantly attended him to the time of his death. His general ap­ lay, to show that since his return from the service he has been continuously pearance prior to his last illness indicated an impoverished condition of the afflicted with disease in the manner stated. We have no doubt that be is dis­ system, and had always regarded him as suffering from pulmonary disease, abled in a pensionable degree, and that his disability was incurred in said serv­ though he did not prescribe for him or make an examination prior to his last ice in the line of his duty, and we therefore recommend the pnssage of the bill. illness. Isaac B. .Johnson and E. F . .Johnson, of Mechanicsville, Iowa., testify that they The bill was laid aside to be reported to the House with the recom­ were well acquainted with the soldier at the time of his discharge. He was mendation that it do pass. brought to their house weak and poorly; bad been sick for sometime. He was much debilitatoo with chronic d.iarrhea and tendency to weak lungs; never re­ SARAH .A. J.USON. covered from affection of lungs and weakened condition. Soon after his return home he had an attack of pneumonia., and required the best of care. He was 1\Ir. LANE. I ask consideration of the bill (H. R. 10121) granting never restored to health.; had pain in the lungs and side on the least exposure. a pension to Sarah A. Mason. When affia.nts heard of his death from pneumonia. they were not surprised, for The bill was read, as follows; they bad personal knowledge of his continuous bad health. From a careful examination of the evidence filed the committee are convinced Be it enacted. etc., That the Secretary of th3 Interior be, and he is hereby, au­ that it furnishes a connected history of the incurrence, progress, and fatal end­ thorized and directed to place on the pension-roll, subject to the provisions and ing of the soldier's disabilities. It is shown that he had chronic diarrhea, vari­ limitations of the pension laws, the name of Sarah A. 1\Ia.son, widow of .John cocele, lung affection-diseases that caused constant suffering, and t.l:.eprogress• Mason, late private of Cnmpany D, Forty-ninth Regiment of lllinois Volun­ ive effects of which may consistently and properly be connected with his death. teers. The testimony of the physicians, official and lay, it may be admitted, is lacking The report (by Mr. LANE) was read, as follows: in detail; but with the honest statements of the affianta, who knew the man, there is sufficient to jnstify the admission of the claim by the Commissioner of The committee beg leave to report that they have considered this ce,se and Pensions. find that the claimant was the wife of the soldier, .John 1\Iason, late a private The committee report the accompanying bill for the relief of the widow and in Company D, Forty-ninth Regiment illinois Volunteers; that the said .John recommend its passage. Mason was taken prisoner by the Confederate government and was imprisoned in Andersonville prison, where he died some time in 1863; that after his death The bill was laid aside to be reported to the House with the recom­ the claimant drew a pension as the widow of said soldier up to March, 1870, when she was dropped from the pensjon-roll for the reason that she had mendation that it do pass. remarried. , · HENRY 1\llTCHELL YOUNGBLOOD. The facts in regard to such remarriage the committee find to be that the said widow was drawing S8 per month for pension, which was not sufiicient to sup­ Mr. KILGORE. I call up for present consideration the bill (H. R. port her, and that one Moses Bray induced her to marry him nnder the false 10907) granting a pension to Henry Mitchell Youngblood. and fraudulent representations and statements that he was a. man of property and was amply able to support her, and relying on such statements she was The bill was read, as follows: induced to marry him, and after she was married to him she found U!at she Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au- was deceived, and such statements as to his property were false and fraudulent, 1888~ CONGltESSIONAL RECORD-HOUSE. 7943 and that in a very short time after such marriage he left her, carrying away Mr. LIND. The committee recommend an amendment to strike out with him some of her little property, which he sold and converted to his own use and never returned to her and never provided her with a support. $150 and insert $100. l will print the report to-morrow. The committee find from the evidence in this case that the claimant was The amendment was agreed to; and the bill as amended was laid aside fraudulently induced to enter into said second marriage, and that the said to be reported to the House with the recommendation that it do pass. Moses Bray at the time of said marriage did not intend to live with her, and that he has since deserted her, and that she has secured a. decree of divorce from JOSEPH LINCOLN YOUNG. -said Bray on the ground of fraud and desertion, and that she is now sixty years of age, unable to work because of disease, and has no property to provide her Mr. LODGE. I call up for consideration the bill (H. R. 2474) grant­ with support and has no person liable to support her, and if she does not get re. ing a pension tQ Joseph Lincoln Young. lief here she will become a public charge on the community for her support. ·.rhe bill was read, as follows: On a full consideration of this case the committee recommend that this bill do pass. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisionsand The bill was laid aside to be reported to the House with the recom­ limito,tions of the pension laws, the name of Joseph Lincoln Young, son of Ja. mendation that it do pass. seph Young, late a private in Third 1\Iaine Volunteers, for the pension formerly received by him as the minor child of a soldier who died in service. WILLIAM F. PillE. The report (by Mr. FRENcH) was read, as follows: 1\Ir. LEHLB.ACH. I ask consideration of the bill (S. 3166) grant­ The Committee on Invalid Pensions, to whom was referred the bill (H. R. ing a perision to William F. Pike. 2474) granting a. pension to Joseph Lincoln Young, have had the same under - consideration. and beg leave to submit the following! report: The bill was read, as follows: The beneficiary named in the bill is the child of Joseph Young, who died Au­ Be it enacted, etc., That the Secretary of the Interior be, and he iskereby, au· gust 21, 1864, nb Andersonville prison, while a private of Company H, Seven­ tborized and directed to place on the pension-roll, subject to the provisions and teenth :Maine Volunteers, to which command he was transferred from Company limitations of the pension laws, the name of William F. Pike, late of Company H, Third Maine Volunteers. H, Thirteenth Regiment United States Infantry. His widow drew pension until her death, January 20, 1868, whereupon his minor children were placed upon the pension-roll, and continued to receive The report (by Mr. MoRRILL) wa8 read, as follows: pension until November 6,1878, on which date the youngest, Joseph Lincoln, The Committee on Invalid Pensions, having had under consideration the bill became sixteen years of age. (S. 31G6) granting a pension to William F. Pike, submit the following report: It appears from the evidence before your committee that Joseph Lincoln The report of the Senate committee is adopted, and the passage of the bill is Yonng is incapable of talring care of himself by reason of a mild type of insan­ recommended. ity, and that he is dependent upon others for support. The probate court of Essex County, Massachusetts, has :declared him insane, and appointed a. guar­ dian. SENATE REPORT. Congress having on many occasions liberally responded to the requests for William F. Pike, "the claimant under this bill, enlisted in Company H, Thir­ relief in t.his class of cases, your committee feel warranted in returning the ac· teenth Regiment United States Infantry, July 2, 1866, and was discharged July companying bill with the recommendation that it do pass, amended, however, Zl, 1867, at Camp Cook, :Montana ~l'erritory, on a surgeon's certificate of disabil­ by striking out all after the word "private" in liue 7, and insert therein in­ ity, because of •· incipient phthisis pulmonalia," stead the words "of Company H, Seventeenth Regiment Maine Volunteers, at He made application for pension October 6, 1879, alleging- the rate of $18 per month, payable to his legally constituted guardian." " That at Camp Cook, 1\Iontana Tenitory, July, 1867, he was detailed to carry · The amendment was agreed to, and the bill as amended was ordered· off adobes used in building guarters, etc.; sustained an injury something like a rupture on left side of abdomen above groin, and was injured just above left to be laid aside to be reported to the House with the recommendation hip-joint." that jt do pa..."S. The claim was rejected by the Commissioner of Pensions, December 15,1887, ARLINGTOY 1\f. HARRINGTON. on the ground- " That record evidence and a special examination fail to show origin of claim­ Mr. LYJiofAl.~. I call up for consideration the bill (H. R. 3152) for ant's disability in the service and line of duty." the relief of .Arlington M. Harrington. The records of the War Department show no evidence of the alleged disabil­ ity. The bill was read, as follows: The claimant was eighteen years of age at enlistment. IDs soundness at this Be it enacted, etc., That the Secretary of the Interior be, a.nd he is hereby, di­ time is well established. "\Villiam B. Ross, C. C. :Martin, Richard Branigan, rected to place on the pension-roll, subject to the provisions and limitations of Joseph Veil, Simon Moeller, and Thomas Ross, comrades, all swear to incur­ the pension laws, the name of Arlington M. Harrington, late a private i.n Com· rence of the disabilities as alleged by claimant. pany B, Sixteenth Regiment Kentucky Volunteer I nfantry, in 1\lexican war, at The testimony showing continua nce since discharge is full and complete, the rate of $12 per month, in lieu of the pension he now receives. showing the inability of claimant to perform manual labor more than one.half the time. The report (by Mr. BLISS) was read, as follows: The board of examining surgeons at Leavenworth, Kans., under date of June The Committee on Pensions, to whom was referred the bill (H. R. 3152) grant· 23, 1882, report" no rupture," and make no rating for" injury to back." He ing a pension to Arlington M. Harrington, have considered the same, and re. was further examined by tbe board at Kansas City, July 2, 1884. They make port as follows: no rating for alleged disabilities, but rate him C sixteen-eighteenths for disease The claimant served for a period of a. year and three months in the 1tfexican of lungs, etc. H. F. Bender, special examiner, reports- war in Oompany B, Sixteenth United States Infantry. He is in receipt of asen·­ " That in his opinion the disability was contracted, as alleged, in line ot ice pension of$) per month under the act of January 29, 1887. He desires his duty, and that he is greatly disabled thereby, and has been ever since his dis­ pension to be increased to Sl2 per month on account of his disabled condition. charge. • • * I do not believe it is really essential to investigate the case About ten years ago be applied for p ension, claiming that he contracted a dis­ any further. Prior soundness, origin, and continuance are shown in this report, ease of heart and Bright's d isease of the kidneys while in Mexico. His claim and I recommend admission." was rejected because be could not find comrades and officers who remembered W. S.l\Iayer, special examiner- his diseases. 'l'he records show that he was sick in January and February,l848, " Is of the opinion the claim is one of doubtful merit." and be shows by the testimonyofreliablewiroesses that he has been an invalid * * * * • * ., ever since 1848. For se"\"eral 'years he bas been dependent upon the county in . J. G. To.wnsend, special examiner, gives the opinion- which be lives for part. subsistence. " That claimant was injured in the way which he claims. and that the case is Your committee are of the opmion that an exception should be made in his probably a meritorious one, and recommend further examination." case, and his reasonable request tor increase be granted. A. H. Sweeter, special e:~Caminer, concludes his report by saying: The passage of the bill is recommended. "From the evidence submitted I believe this claim to be meritorious; and The bill was laid aside to be reported to the House with the recom­ believing further that, notwithstanding all minor discrepancies, it has been proven with reasonable sufficiency, I respectful).y recommend its admission." mendation that it do pass. Your committee concur in this conclusion, and recommend the passage of the MIGHILL H. PATTEN. bill. 1\Ir. M.ACDON ALD. I call up for consideration the bill (H. R. 106'72) The bill was laid aside to be reported to the House with the recom · granting a pension to 1\IigbiU H. Patten. mendation that it do pass. The bill was read, as follows: BENJAMIN FRANKLIN• • Be it enacled, etc., That the Secretary of the Interior be, and he hereby is, an· thorized and directed to place upon the pension-roll the name of ~ighill H. Mr. LIND. I have a constituent here who bad the misfortune to Patten, late of Cavtain Hereford's company, First Regiment 1\!aine State :Mili­ lose both arms and both legs. There is not a parallel case. He is now tia, and now a resident of Waterford, Minn., subject to the provisions and lim- _ drawing a pension of $72 a month, and the committee this morning itations of the pension laws. amended the bill so as to increase the allowance to $100 a month. The The report (by Mr. BLiss) was read, as ·follows: report has not been printed. If any one desires to object on that ac­ The Committee on. Pensions, to whom was referred the bill (H. R. 10672) count I wish be would signify it now, because I do not want to consume granting a pension to :Mig hill H. Patten, have considered the same, and report as follows: the time of the committee. The claimant served in Capt. James Huxford's company of light infantry 1\Ir. KILGORE. Lobject. (drafted), of 1\Iaine, called into actual service by the State for the protection of Mr. LIND. I desire to say to the gentleman that this man bas lost the northeast-ern frontier. His term of service extended from February 20 lo April25, 1&"9, and be was detached to First Regiment, First Brigade, Third Di­ both arms and leg.:~, and is almost blind. vision, commanded by 1\Iaj. Gen. Isaac Hodsdon. Mr. :MACDONALD. This is a meritorious case. This command was called into service by the governor of 1\faine to repel a l!fr. KILGORE. Did he lose them both in the war? threatened military invasion from New Brunswi.ck into the territory of .Maine. The State was reimbursed for its expenses incurred in the campaign by act of Me. LIND. He lost them in the Indian war in Minnesota.. Congress, and the rolls of the drafted and enrolled militia turned over to the 1\Ir. KILGORR I withdraw my objection. War Department of the General Government. Tlle bill was read, as follows: The full circumstances of the use of the troops on the northeastern frontier of Mstine are given in Senate Report 419, Twenty-sixth Congress, first session, and A bill (H. R. 5193) granting an increase of pension to Benjamin Franklin. that report states that the exigency contemplated by the Constitution had Be i t enactl'd, etc., That the Secretary of the Interior be, and he is hereby, au- arisen to warrant the governor of 1\Iaine in calling upon the militia force of the thorized and directed to pla ce on the pension-roll, subject to the provisions and IState to defend the frontier, exposed as it was to an immediate attack. limitations of the pension laws, the name of Benjamin Franklin, late of Com- T~1e claimant filed his claim before the Pension Bureau for pension, but it was pany II, Second Regiment of Minnesota Cavalry, and pay him a pension of 150 rejected on the ground that the company was not mustered into the military per month, in lieu of the pension of $72 per month heretofore granted, and service of the United States. which he is now receiving for loss of both legs and both arms. The claimant was allowed a land-warrant for his services in said campaign,

. .

: 7944 CONGRESSIONAL RECORD-HOUSE. .AUGUST 24,

Tbe period of service was prior to the war with Mexico, and your committee an army nurse during the late war of the rebellion, and pay her a pension at are of tue opinion that a service pension should be ~ranted to the claimant. the rate of $12 per month. They therefore recommend the passage of the bill, amended, however, by changing the word "Hereford's," in line 5 of the bill, to "Huxford's;" and The report (by Mr. MATSON) was read, as follows: nlso by striking out, in lines 7 and 8, the words •• subject to the provisions and The Committ-ee on Invalid Pensions, to whom wao;s referred the bill (H. R. limitations of the pension laws" and inserting in lieu thereof the words "and 1012:!) granting a pension to Margaret Quinton, have considered the s ~1. rue, aud to pay him a pension at the rate of SS per month." report: The amendments were agreed to; and the bill as amended was or­ lt appears from the papers on file with the committee that Margaret Quinton was employed by the surgeon in charge of a hospital established at Danville, dered to be laid aside to be reported to the House with the recommen­ Ky., immediately after the battle of Perry·ville or Chaplin Hills, in October, 1862, dation that it do pas!3. and served a.s matron of said hospital until March or April, 1863, when she be­ .JOSEPH WELSH. came prostrated by sickness from overwork. At that time she was forty-seven years of age, and until said service had had good health and been capable of Mr. MAISH. I ask consideration of the bill (H. R. 9075) granting earning a comfortable living as tailoress. Since eaid hospital service she has a pension to Joseph Welsh. never recovered her former health, and since 1gs() has been entirely di$a.bled from work by weakness and blindness, and dependent oa the kindness of friends for - 'l'he bill was read, as follows: subsistence. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, in­ The physicians who attended her in her sickness at Danville are both dead, structed to place on the pension-roll, subject to the limitations and provisions of and she is therefore unable to procure medie~o\1 testimony of said .sickness. She the pension laws, the name of Joseph Welsh, of York, Pa., father of Albertus has never been married, and is no\V eeventy-three years of age; has no means \Velsh, J. Franklin Welsh, and Howard H. Welsh, all of whom are now de­ whate,·er; is unable from physical weakness to earn anything, nnu she is en­ ceased, soldiers in the Union Army in the war of the rebellion, on whom the tirely dependent upon her neighbors and friends for support. said Joseph Welsh was dependent for support during the said war. Dr. Ilan,pa says: "She has been sick n.nd under his professional care since February, 1887, to The report fby Mr. LYNCH) was read, as follows: the present time, and during all this t-irne she hruJ been confined to her room and The Committee on Invalid Pensions, to whom was referred the bill (II. R. a great part of the time to her bed, requiring attention from others; and at no 9975) granting a pension to Joseph \Velsh, submit the following report: period during this time bas she been able to make a support for herself, nor is Joseph Welsh bad four sons, all of whom served in the Union Army during it probable that she ever will be able to even take care of her room and prepare the war of the rebellion, one also naving served his country in our war with her own food though the same should be-furnished her without cost." Mexico. There is ample proof that the claimant served as stated; that she was in good • Albertus Welsh, his oldest son, died early in the war, whilst in the service, health at the time of her employment; that her health was greatly impaired by from disease contracted in the service. reason of said service, and by rea'!!on of said sickness has been unable to earn a. J. Franklin Welsh, another son, was wounded at the battle of Winchester, and living by manual labor. In view of h er said services, her great age, and her was disabled for life. He died about five years ago. extreme poverty, we believe that the relief asked for ought to be ~ranted. Howard H. Welsh, also a. son, contracted a disease in the service from the ef­ We therefore submit a. favorable report and recommend the passage of the fects of which he was partially disabled until he died, about ten years ago. bill. Edward P. Welsh, another son, died in 1882. There being no objection, the bill was laid aside to be reported to Two of his sons lh·ed with their father and mainly supported him and their mother at the time when they entered the Army, and they all contributed to his the House with a recommendation that it do pass. support whilst they were in the service, and afterwards until tbl!y died. Joseph WILLIAM FAIRBANKS. Welsh's wife died about six months ago. Joseph Welsh is now eighty-three years old, and is utterly bereft of those on Mr. McCORMICK. I call up the bill (H. R. 10103) granting a pen- whom he could lean for support in his old age, all of his children being dead. sion to William Fairbanks. · He states in this affidavit "that he is now in a destitute condition and has noth­ ing but what is given him by charitable friends." The bill was read, as follows: It is proposed that the bill be amended by insertin~ the words, in line 10, after Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ the end of the sentence, as foUows: "and pay the said Joseph "\Velsh a pension thorized and directed to place on the pension-rolJ, subject to the provisions and of$25 per month." limitations of the pension laws, the name of William Fairbanks, late a. private As thus amended the bill is reported favorably, with the recommendation that in Company A, ¥ifteenth Regiment New York State Engineers. it do pass. The report (by .Ur. SAWYER) was_ read, as follows: The amendment was agreed to; and the bill as amended was ordered The claimant served as a. private in Company A, Fifteenth New York En­ to be laid aside to be reported to the House with the recommendation gineers, from January, 1862, until February, 1865. He claims pension for rupture of right side and a. wound of head. Claim was that it do pass. rejected because satisfactory evidence was not filed showing origin or treatmnet .JON A THAN W. LEIGHT. in service, and claimant bn.s alleged be can furni"lh no further testimony. Evi­ dence of claimant shows that while on detached duty under Sergeant l\Ioore, Mr. MARTIN. I ask consideration of the bill (H. R. 2716) granting who is now dead, guarding aponton bridge over the Rappahannock, atBranch a pension to Jonathan W. Leight. Ford. while walking upon post was struck in the bead and wounded by a. piece The bill was read, as follows: of shell; he was rendered unconscious, taken to field hospital ,and treated for a month or more. From that time until the present he has been a constant suf­ Be 1t enacted, etc., That the Secretary of the Interior is hereby directed to put ferer from the effect of said wound. As he was upon detached duty at time of on the pension-roll the name of Jonathan W. Leight, late hospital steward of injury it is difficult for claimant to furnish evidence of eye witnesses of incur­ the Sixty-seventh Regiment Ohio Voiunteer Infantry. rence of injury. Comrades Canavan and Powers, who saw him soon after he received injury, The report (by Mr. YoDER) was read, as follows: swear he was suffering from wouud in the head. They fru·ther say that until The Committee on Invalid Pensions, to whom was referred the bill (H. R. he was di

"Colonel Robinson was distinguished for bravery, energy, and efficiency. The bill was read, as follows: He worked hard always. and brought his command to a higll state of discip­ line and efficiency. At the battle of Sabine Cross-Roads he was wounded. I Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ believe that, while Colonel Robinson was in my command, he was as efficient thorized and directed to place on the pension-roll the name of Mary .A. Covey, and meritorious an officer as thete was in the Department. of the Gulf." widow of Henry G. Covey, late a. private in Company A, Sixtieth New York The widUnited States Army Hospital, Troy, N.Y., July 19, 1865." tum, of which disease he died February 1,1888." Surgeon-General's record shows that the soldier- The examining board by whom the soldier was examined December 22 1886, " Was admitted to general hospital, Troy, N.Y., April5, 1865, from McDougal reported that be was in the last stages of phthisis. It is, it aeems to your' com­ General Hospital. Diagnosis chronic diarrhea and rheumatism." mittee, a question of difference of opinion between doctors as to the existence Another record from the Surgeon-General's Office says that this soldier- of diseases closely connected and often mistaken one for the other. The evi­ " Was admitted to McDougal General Hospital, Fort Schuyler, New York dence submitted in proof of the soldier's claim shows that he incurred his dis­ Harbor, March 19, 1865, from Savannah, Ga., for treatment for rheumatism and ability in the service; that it continued and increased until it caused his death. diarrhea., and was,transferred to Troy, N.Y., April4,1865." . While the decision of the medical referee, based upon the report of the examin­ Another repnrt from the Surgeon-General's Office, dated February 11, 1887, ing board, made fifteen months before his death by physicians who were shows this soldier- strangers to the deceased and only saw him for a few moments, may be tech­ " Admitted to hospital December H, 1864, with diarrhea, where he remained nically in accordance with the rules of the office, your committee prefer to ac­ until January 22.1865; also, admitted to general hospital Savannah Ga., with cept the decision of the family physician, who was his constant attendant and rheumatism, and was afterwards transferred 'to hospital steamerS. i't. Spauld­ treated him up to the hour of his death. They therefore report the bill back ing, March 13,1865; diagnosis chronic rheumatism; entered McDoug·al Hospital with the recommendation that it pass. with rheumatism and diarrhea, and entered the hospital at Troy with diarrhea and rheumatism, a nd was furloughed April 23, and readmitted May 20, 186.5." There being no obj ec~ion, the bill was laid aside to be reported to the Although the pension was gran ted for' • disease in the right arm," the evidence filed shows that the claimant was a weak and broken-down man from his dis­ House with the recommendation that it do pass. · charge to the time of his death. THOMAS RAINS. He was subject to a swollen body and to swollen feet and legs, the disease sometimes affecting his brain. . Mr. NEAL. I call up the bill (H. R. 1085) granting a pension to A.M. Larkin, M.D., in an affidavit dated March 28, 1887, says: Thomas Rains. "That he was the family physician of this soldier for three years previous to his decease. * * * From the facts and my previous treatment, the disease of The bill was read, as follows: his right a rm had invaded his whole system, his general h ealth and physical; Be it enacted, etc., That the Secretary of the Interior be, and he is hereby au­ also his constitution was totally broken down, consequently Henry G. Covey thori;U;d and dir~c~d ~ cause to be pl!lced upon the pension-roll, subject t~ the fell an easy prey from the attack of pneumonia, which was the fatal effect oi prov1s1ons and lumta.t10ns of the pensiOn laws, the name of Thomas Rains, late the army trouble which he was afflicted with." c:aptain Company B, Fifth Tennessee Mounted Infantry Volunteers. D. C. S. 1\Ierrill, a. practicing physician of West Liberty, Muscatine County, Iowa, testifies that he knew the soldier for a year just before his death, and The report (by Mr. HUNTER) is as follows: Ea.ys: · Thom~s Rains, the c_l~imant, from April,1863, to ~eptember, 1864, was engaged "That he knew him as constitutionally broken down; in this condition he in scoutmg and recrmtmg for the Federal Army m Kentucky and Tennes,;ee. was seized with typhoid pneumonin. r-· ' 'in ten days succumbed. This disease On September 23,1864, he was mustered in as captain of Company B, Fifth Regi­ was t he immediate cause of his dca c ..t t in my judgment it was but a sequel ment Tennessee Mounted Infantry, and served from that time w1th and as cap­ to the constitutional dyscrasia resullL . .; f::om his army life ." tain of the company up to July 13,18G5, the d ate the regiment was mustered out. In a later affidavit the same witness reports the condition of the deceased he being mustered out with his company. He alleges that while a member of more fully, and concl•1des. that compa ny and in the line of duty at Cleveland, Tenn., about the 15th of De­ "The relation between his diseased condition and the fatal termination of his cember, 1864, he w as attacked by inflammation of the eyes caused by cold and pneumonia is subst:mtially the relation of cause and effect." expos ure while on duty. In view of the evidence the committee can but believe that the disabilities 'l' he evidence is conclusive that he suffered from soreness and inflammation from which be suffered, and which was the result of his army life, in part con­ of the eyes for some time previous to his muster out, and that he has so suf­ tributed to the death of the soldier, if they were not the principal cause thereof, fered e ver since, and tha t he is now almost totally blind,_and unable for the and that his wiaow is entitled to the relief sought to be given by this bill, and performance of manual labor. The Pension Office rejected the claim because they therefore recommend that it do pass. the 11.lleged disability, in the opinion of the examiner, existed prior to enlist­ ment. There being no objection. the bill was laid aside to be reported to the 'Vhile there is some evidence to su:o;tain such a theory, the preponderance and House with the recommendation that it do pass. weight of the evidence certainly sustains the claimant, that the disease was con­ tracted in the service about the time alleged. · EDWARD WATERS. He is sustained by the testimony of men of high character aad standing among them A. J. Carson, who has been sheriff of Bradley County, Tenness e e~ Mr. PETERS. I call up the bill (H. R. 201) granting a pension to Daniel McDonald, deputy sheriff and tax collector; J. C. Tipton, chairman of the county court of said county, and some fifteen or twenty other citizens and Edward Waters. ke~~~~e!r;;:~i;::St~~~u~~fore his enlistment or muster in, during his serv- The bill was read, as follows: Be it enacted, etc.• That the Secretary of the Interior be authorized and di­ The first intimation in the record as to whether the eyes of the claimant were rected to place the name of Ed ward \Vaters, late a private in Company K, Ninety­ disea sed prior to enlistment is in a letter to the Department by Dr. G. W. Rem­ third New York Infantry Volunteers, on the pension-roll, subject to the provis­ age, surgeon of the regiment, that he was of the opinion that the disease of the ions and limitations of the pension laws. eye exist~d prior to enlistment; but when his testimony was taken, it appears that Dr. Remage first joined the regiment the last of February, 1865, and that he The report (by Mr. MoRRILL) is as follows: had never seen Captain Rains until that time, and that was some time after Cap­ tain Rains's eyes had become diseased. No reason is assigned for his opinion The Co~it~e on Invalid Pensions, to whom was referred the bill (H. R. 201) and, in fad, he corrects his opinion. The other evidence as to sore or inflamed granting a pension to Edward \Vaters, submit the following report: eyes prior to muster is hearsay, inferential, and unsatisfactory. Soldier enlisted in Company K, Ninety-third New York Volunteer Infantry, Jan nary 14, 1862, and served until January 27, 1865. In his declaration he claims As already stated, the evidence seems to beoverwhelmin~that this disability was contracted in the service, and even if the evidence contra should raise a for rheumatism, contracted in the fall of 1864. The case was rejected by the doubt, that doubt should be rcsol•ed in behalf of the helpless soldier. Pension Office because there was no record of the applicant to show that he suf­ 'rhc committee recommend that the bill do pass. fered from rheumatism during the war, and because he could not produce suf­ ficient proof of the orig-in of rheumatism in the service. 'l'here is no doubt '.rbere being no objection, the bill was laid aside to be reported to the R.bout the applicant having been a sufferer from 1·heumatism for years, and the House with a recommendation that it do pass. only questiou in the case is .whether this rheumatism was contracted in the service. MARY A. COVEY. Jacob Gunston !"ays: "I know Edward Waters; have known him since1&57." He also says: "I have boarded in the same family with him, and worked with Mr. PARKER. I call up the bill (H. R. 6309) for the relief of Mary him in the same malt-house off and on from 1857 to 1862." He says he was a .A. Covey. young man about. twenty years of,.age when he enlisted and was in good health '7946 CONGRESSIONAL RECORD-HOUSE. AUGUST 24,

ail the time he knew him. ''I never knew him to be sick. He also seemed to be st-rong, hearty, and able-bodied." the Whole House without amendment, were severally ordered to a third Edward Hoghntestifies: reading, rea.d the third time, nd passed. "I knew Edward \Vaters; have known h,im since 1857. He worked for my A bill!S. 2899) granting a pension to Harriet Welch; father .for about three years in the malt business. He went into the Army in 186~, and was at that time in good health. He was .never sick while he worked A bill S. 2721) granting a pension to Jackson Chapman; for my father. When he came back from the Army, in 1865, I saw him at "1Vest A bill S. 1070) granting a pension to :Urs. Un.ry R. Armstrong; Troy. He was then weak and sickly. He was suffering from rheumatism and A bill (S. 3076) granting a pen ion to :Mary M. Shattuck; and complained to me several times of rheumatism in his arm." George 0. Sam brook, of the same company, testifies that he was a portion of the A bill (S. 3166) grlihting a pension to William F. Pike. time with the soldier and knew that lie was always in fair health; that he, the af­ The bill (S. 2825) granting an increase of pension to Benjamin T. fiant, was wounded and went to hospital, and went home to New York in 1864, Baker (reported from the Committee of the Whole Horu e with amend­ where he met ,the soldier, who was then at home on sick furlough; that said Waters was then in bad health, in a very weak condition, and he thought he was ment) was taken up, the amendment agreed to, the bill as amended suffering from chronic diarrhea; that after thewarWatersand himselfwentinto ordered to a third reading, read the third time, and passed. partnership in the buying of some property; that he was with him a. great deal, Mr. MORRILL moved to reconsider the various votes by which bil1s ~~~ ~~b~: :oue;:r:Isah~t:i~ ~~~. r~enmatism in the arms, and at times reported from the Committee of the Whole House had been passed; and Two druggists also testify to having sold him some medicine for I:heumatism also moved that the motion to reconsider be laid on the table. immediately after the war. - The latter motion was ag1·eed to. This and other testimony shows that the soldier was sound ,at enlistment; had never been sick any; that he was sick and on furlough in 1864; that he had WILLIAM S. LATHAM. , rheumatism ,at that time; that he was sick and had rheumatism in 1865, and from that time on; that he obtained patent medicines for this di!l:l.bility. He l\Ir. SYMES. I ask unanimous consent that the Committee of the has had rheumatism since his discharge during each and every year. Whole House- be discharged from the further consideration of the bill 'We think, from all the evidence, that it is reasonable to conclude that rheu­ matism was incurred in the service and in the line of duty, and therefore rec- (H. R. 10563) granting a pension to William S. Latham, and that the ommend the passage of the bill , bill be now put on its passage. 'lhere being no ohjection, the bill was laid aside to be reported to There being no objection, the House proceeded to the consideration the House with a recommendation that it (to _pass. oftbe bill, which was read, as follows: - :Mr. MATSON. I move that the committee do now rise. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au· The motion was agreed to. thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of WilliamS. Latham, late a private The committee accordingly rose; and :Mr. M.ATSON having taken ofOompany E, Eighty-seventh Regiment of Illinois Volunteers. the chair as Speaker J11'0 tempore, Mr. DOCKERY, from the Committee of the Whole on the Private Calendar, reported that they had bad · The report (by 11Ir. HUNTER) is as follows; under consideration sundry bills and had directed him to report them The records of the War Department show that claimant-was enrolled on the 15th day of August,1862, at McLeansborough. lll., in Oompany E, Eighty-seventh to the House with various recommendations. Regiment of Illinois Volunteers, to serve three yea.rsorduringthewa.r,and was .HOUSE lULLS PASSED. mustered into the service as a corporal on the 22d day of September, 1862, at Shawneetown, m Bills of the following titles, reported from the Committee of the On the muster-roll of Company E of that regiment for the months of January Whole House on the Private Calendar without amendment, were sever­ and February, 1863, he is reported absent without leave since January 22, 1863, Roll for March and April. 1863, reports him "deserted" at Shawneetown, ill., ally ordered to be engrossed and read a "third time; and being en­ January 22, 1863. Roll for 1't!ay and June, 1863, reports him present. gro!'"sed, they were accordingly read the third time, and passed: - Reported as a. deserter January 22,1863, but, upon the following facts being A bill (H. R. 2073) granting au increase of pension to Daniel Will­ nsce1·tained, was restored-to his company. He obtained a furlough at Sha.wnee­ bor..,. town, lli., to go to his home in Hamilton County,lllinois, but was taken sick and not able to ret= until January 6,1863. Roll from Jnne80,1863, to February29 Abill (H. R. 7657) granting a pension to Mary Woodworth, widow 1864, reports him "in general hospital, Memphis, Tenn., since July 4., 1863 . .1 of Ebenezer F. Woodworth.; Roll for 1\!arch and April,l864, reports him present. Muster-oat roll; dated June A bill (H. R 11029) for the relief of l\Iary Vanbuskirk; 16, 1865, reports him mustered out with company at Helena, Ark. He filed an application for pension on the 8th day of J anuary,1870, and alleged A bill (H. R. 11030) granting a pension to Susan E. Latture; in his declaration disability !rom dropsy of chest, palpitation of heart, and A bill (H. R. 6201) granting a pension to .John Robeson; rheumatism contracted in the line of duty; but the claim was rejected by the A bill (H. R. 10940) granting a pension to Victoria May; Pension Bureau on account of the charge of desertion, which appears to have been erroneously,: entered in his military record, as shown by the corrected rec· .A bill (H. R. 7457) granting a pension to Eleanor D. Heath; ord of the Adjutant-General of the Army, above referred to. A bill (H. R. 1007) for the relief of Henry Rose; In support of his declaration he filed on the 8th day of Jannary,1870, the fol­ lowing affidavit of Capt. Hiram Angel, who was captain of claimant's company A bi11 (H. R. 10629) granting a pension to Washington Byan; and regiment: . .A bill (H. R. 2689) granting .n. pension to .Johanna Geyer, widow of "That he was captain of Cotppany E, Eighty-seventh Regiment of illinois Gustave W. Geyer; Volunteers, and that he well knew 'Villiam S. Latham, who was a corporal of A bill (H. R. 7912) for the relief of Frances P. Vernon; said company and regiment; that while in t-he service aforesaid, and in the line of duty at the siege of Vicksburg, Miss., on or about June 20, 1863, the said A bill (H. R. 9969) granting a pension to Tempy N . .Johnston; Latham became disabled for the performance of military duty by reason of A bill (H. . R. 10342) granting a pension to .John Dauper; dropsy of chest, palpitation of the heart, and rheumatism, which were con­ A bill (H. R. 10121) granting a pension Sarah A. 1\fa.,•mn; tracted at the time and place aforesaid while doing duty in said sieges, caused to by exposure and hard service; that said soldier was in good health o.t the time A bill (H. R. 3152) for the relief of Arlington 1\f. Harrison; of enlistment, and that the diseases aforesaid affected him while in said service A bill (H. R. 10122) granting a pension to Margaret Quinton; and at the time of his discharge so as to render him partially disabled for the bill (H. 10103) granting a pension William Fairbanks; performance of milita.ry duty." A R. to He also filed in the case an affidavit of Dr. Daniel Berry, who was assistant A bill (H. R. 9148) to grant a pension to .Jane Robinson; surgeon of claimant's regiment, which is as follows: A bill (H. R. 10824) granting a pension to Mary A. Van Buskirk; "That while in rear of Vicksburg, Miss., he (claimant) wns sent to general A bill (H. R. 1085) granting a pension -to Thomas Rains; hospital February 3, 1863, sick with phthiais. "That while at Marganzia, La., he was treated for diarrhea. and sent to gen­ ·A bill (H. R. 6309) for the relief of Mary A. Covey; and eral hospital May 9, 1864. That his means of knowledge are from personal ex­ A bill (H. R. 201) granting a pension to Edward Waters. amination and memoranda." House bills of the following titles, reported from the Committee of On the 80th da.y of .January, 18i0, he filed an affidavit of Dr. W. S. A. Co:x, and one of Dr. J. N. Goalden, both of Hamilton County, illinois, who testify as to the Whole House with amendments, were severally taken up, the having treated claima-nt for-said troubles after his discharge. a~ndmen ts agreed to, the bills as amended ordered to be engrossed ·He al.so, on the 30th day of November, 1887, filed an affidavit of Dr. James A. Mahan, and Dr. Augustus Lewis,of'i'odd.County, Kentucky, as to having treated and read a third time; and being engrossed, they were accordingly him for his alleged diseases. read the third time, and passed: Dr. J. R. Bailey, United States examining surgeon at Ferguson. Logan County, A bill·(H. R. 10738) to increase the pension of George C. Quick; Kentucky, made an official e:xamination of claimant on the 21st day of M.ay, A bill (H. R. 10241) increasing the pension of Richard Porter; 1~. and reports his diSability total from the causes stated. In view of tlie foregoing facts, your committee feel that this is a meritorious A bill (H. R. 8200) granting a pension to Lydia Ann Wilber; claim, and recommend the passage of the bill. A bill (H. R. 9935) to increase the pension of Isaac Hurd; The bill was ordered be engrossed and read a third time; and be­ .A bill (H. R. 10245) granting an increase of pension to Hannibal to inO' engrossed, it was accordingly read the third time, and passed. Kimball; A bill (H. R. 9182) granting a pension Ransom Riley; Mr. SYMES moved to reconsider the vote by which the bill was to passe

Seneca County, Ohio, late a. private in Company K., One hundred and first the great anti-Chinese mass meeting held in this city J nly 25. We would thank Regiment Ohio Volunteer Infantry. you to lay it before the Committee on Labor, of which you are a member. Respectfully, The report (by Mr YODER) was as follows: II. C. KL."NE, ChaiTman. Samuel Neikirk, private of Company K, One hundred and first Ohio Volun­ Hon. JoHN J. O'NEILL. teer Infantry, enlisted August 15,1862, and was discha.rged Aprill5, 1863. Served subsequently from 1\Ia.y 2, 1864, to August 'l:l, 1864, in Uompa.ny K, One hundred To the Senate and Bouse of Representatives: and sixty-eighth Ohio Volunteer Infantry. Filed his declarationforpensionin the Pension Office ~larch 31, 1879, alleging disease of the heart and liver and The people of San Francisco, in mass meeting assembled for the purpose of stomach, contracted on a forced march from Louisville, Ky., to Nashville, devising s~e means to sav-e our State from the incoming of Chinese coolies, Tenn., about December 12, 1862. The hospital record shows him sick in con­ :~~~~ ifr::/fuWs~tion is expressly prohibited by the laws passed by you, do repre- . valescent camp since December 26, 1862, to February, 1863. In April was dis­ charged by order of General Rosecrans, at Nashville, for disability.- We recognize that Congress has responded to the wishes of the people of the S. L. Rice, assistant surgeon United States Volnnteers, in charge of hos­ United States by adopting such legislation as we all deemed necessary to and pital at Nashville, Tenn., April15, 1863, certifies that he has carefully examined adequate for that end. That such legislation would have been sufficient to ac­ said private, Samuel Neikirk, finding him unable to perform duties of a soldier complish the end for which it was intended had it been enforced in good faith, because of hypertrophy of the heart attended with excessive action fit. according to the spirit in which it was devised, there can be no doubt. Dr. H. K. Spooner testifies that he knows from personal knowledge that claim­ · Although the law has been upon tpe statute-books since 1882, and was amel'!ded ant was sonnd and able t{) perform all kinds of labor up to April, 1861. After four years ago with the int-ent to strengthen its provisions iu order to meet the a.ffiant returned from service, in September, 1865, be found him suffering from technical objections raised by the judiciary on the Federal bench of this coast disease of the heart, liver, and stomach, which ha.venow·becomechronic. .Affi­ the fact remains that a. larger number of Chinese are entering the po1·t of Sa~ ant has treated claimant continuously for said disease, with only palliating re­ Francisco to-day than have entered at any other time in our history. There are sults. He is disabled from performing all manual labor permanently. practically no greater restrictions upon the entry of Mongolians than upon that H. K. Spooner,l\1. D .• testifies that he was family physician of claimant prior of Europeans, the only difference being that a head tax is imposed upon Mon­ to his enlistment, and that he was sound and free from rheumatism, heart dis­ golians for the benefit of the courts ins~ad of the Treasury. ease, and liver comp1aint; states also that he treated him in 1865, and he was Thus have the e fforts of Congress to protectAmerican labor from ruinous and one-half disabled by reason of disease of heart, liver, and stomach. degrading competition with a servile race been defeated. The situation is so His application for pension was rejected, after having been recommended by alarming as to endanger the peace of this State, because the judges whose duty special examiners of the board of review, upon the technical ground tha.t the it is to uphold the law have brought the administration of the law into contempt. diseaseha.d existed prior to enlistment. But, after a careful examination of all If not to the law, where can the people look for protection? If the efforts of the evidence on file, which is very voluminous, your committee believe this to Congress heretofore to protect the people shall continue to beth warted, the peo· be a meritorious case, and recommend the passage of the bill. ple must and will protect themselves. By your.act of 1882, as amended, it was provided that certain certificates would be the sole evidence of the right of any Chinaman to land. The administration The bill was ordered to be engrossed and read a third time; and of this law wa.s placed in the hands of the collector of customs. In the attempt being engrossed, it was accordin~ly read the third time, and passed. to carry out the provisions of this law the customs officials have been thwarted 1\Ir. SENEY moved to reconsider the vote by which the bill was at eyery step by the mandates of the Federal courts. By the abuse of the right of habeas corpus the administration of the act has been taken from the hands passed; and also moved that the motion to reconsider be laid on the of the collector of customs and usurped by the courts. The examination of table. Chinese on board ships by the customs authorities provided for in your act­ The latter motion was agreed to. which was the greatest safeguar against the fraudulent landing of coolies­ has been v-etoed by the Federal courts, although it was approved by the Presi­ The SPEAKER pro tempore. The hour of half-past 10 o'clock hav­ dent. So determined have been the judges to defeat the plain and only pur­ ing arrived, the House, in accordance witllits order, stands adjourned pose of the law that they have gone the length of threatening with imprison­ till to-morrow at 12 o'clock m. ment the customs officials who have sought to perform the sworn duty imposed upon them by the Congress and President of the United States. Since you ordained in 1884 that no Chinaman should enter this country with­ out possessing a certain certificate showing his right to land, nine thousand have PRIVATE BILLS INTRODUCED AND REFERRED. been landed by habeas corpus. This violation of law has been accomplished Under the rule private bills of the following titles were introduced through the agency of the Federal judges, who have set up a standard of their own above and in defiance of the law. Clothed with that discretion which is and referred as indicated below: inseparable from a proper exercise of the judicial office, they have in every in­ By Mr. CA.RUTH: A bill (H. R.11259) for the relief of Joseph Hax­ stance used itin behalf of the Chinese and against the spirit of the law. Every J thausen-to the Committee on Claims. doubt has been resolved against the interests of the people. Had they been paid attorneys of the Chinese while sitting on the bench they could not have By Mr. GROUT: A bill (H. R. 11260) granting a pension to Leon- worked more persistently and eagerly at throwing down the guards which you ard Person-to the Committee on Invalid Pensions. · set up against tllis immigration. Each cooly landed by habeas corpus repre­ By Mr. HUNTER: A bill (H. R. 11261) granting a pension to Helen sents legal fees amounting to $20. The circnit court,which is the conduit through which this Asiatic filth dows, has for its fee-receiving clerk a near relative of ~ De Russy-to the Committee on Invalid Pensions. the judge. So great has been the inpour of this" profitable, though forbidden, By Mr. McCREARY: A bill (H. R. 11262) authorizing the construc­ immigration, that the regular machinery of the court has proved inadequate to tion of bridges across the Kentucky River and ita tributaries by the the demand. A subsidiary court not contemplated by statute has been created for the ad­ Richmond, Nicholasville, Irvine and Beattyville Railroad Company- mission of Chinese, and no fee now goes to waste. This subsidiary court re­ to the Committee on Commerce. · ceives a fee of $3 for every Chinaman landed, and does its work at the rate of By Mr. MORRILL: A bill (H. R. 11263) granting a pension to Will­ one Chinaman every ten minutes during business hours. At the present time there are in San Francisco's Chinatown no less than 4,000 certificateless coolies iam H. Coppinger-to the Committee on Invalid Pensions. landed upon habeas corpus, tnrned loose on bail and awaiting examination. By Mr. PERKINS: A bill (H. R. 11264) granting a pension to George Many of them have been on shore as long as six months. The only proof of W. Cahill- to the Committee on Invalid Pensions. prior residence required by the circuit court and its annex from these men is an ability to answer certain questions to show a slight familiarity with the g eo­ By J\fr. E . .T. TURNER: A bill (H. R.11265) granting a pension to graphical features of San Francisco, and the entry of their names in the books James H. Worthin-to the Committee on Invalid Pensions. of the Chinese Six Companies or in the accounts of a Chinese merchant. Every oneofthisarmyof cooliescansecurehis final discharge at tne expense of a false oath and the payment of the required fees. Meantime this swarm of Asiatics PETITIONS, ETC. who are supposed by law not to be in the C'Ountry, are actively competing with American labor in all branches of industry and aiding in the reduction of the The following petitions and papers were laid on the Clerk's desk! scale of wages to the Chinese level.· The amount represented on the bonds for under the rule~ and referred as follows: which Chinese residents aro sureties is already in excess of the assessed valua­ tion of all the propeaty owned in San Francisco by the Chinese population. By :Mr . .T.A. ANDERSON: Petitions of 25citizens of Carlton, Kans., That the interpretation placed upon the law by Judges Saw-yer and Sabin and for legislation protecting women-to the Committee on the Judiciary. Commissioner Houghton is not a necessary, but an arbitrary interpretation, is By Mr. GEA.R: Resolutions of Shriver Post, No. 177, Grand Army shown by the brief sitting of Judge Ross of the southern district of California. This jurist was recently invited to sit upon the circuU bench in this city. His of the Republic, of Vernon, Iowa, relative to pensions-to the Com- rulings were such as to exclude the Chinese, and such as to spread dismay and mittee on Invaliq Pensions. • • panic among the whole colony of fee-receiving officials, coolie brokers, attor­ By Mr. GROSVENOR: Petition of .T• .T. Scarbery and 30 others, of neys, straw bondsmen, and all other parasites who are living and fatt-ening upon the decaying remains of the restriction act. Washington County, and ofC. B. Jeffers and 40 others, of Athens and Judge Ross's sitting was brief. He has not been invited to sit on the circuit Meigs Counties, Ohio, for amendments to the interstate-commerce bench again. He has been dropped from Judge Sa·wyer's visiting list. law-to the Committee on Commerce. We, the people of San Francisco, appeal to Congress to end this monstrous conspiracy, to save the Pacific coast and the country from the consequences of Also, petition of C. B. Jeffers and others, of Ohio, for prohibition in an abuse of judicial power unparalleled since the time of Jeffreys. the District of Columbia-to the Select Committee on the Alcoholic The House of Representatives bas created a committee t{)-investigate the sub­ Liquor Traffic. ject of contract labor. We invite that committee to visit-this city. 'Ve promise • to place before it facts which will demonstrate the truth of every allega-tion By Mr. McCREARY: Petition of MargaretDriskell, to have herclaim made in this memorial. When this proof has been made and submitted to Con­ reftrreQ. to the Court of Claims-to the Committee on War Claims. gress we demand remedial action. 'Vhat that action should be is ~elf- evident. By Ur. RICHARDSON: Petition of .Tames Winton, for payment of No law which you have placed upon the statute-books bas been. able to with­ stand the hostile and destructive assaults of the "Federal judges of this coast. war claim-to the Committee on War Claims. You have given us a new treaty and contemplate the passage of a still more By Ur. WHEELER: Petition of William L. Bradford, for removal stringent exclusion act. We are grateful for these honest effort-s to save us from of disabilities-to the Committee on the Judiciary. Chinese association and competition, but in the light of experience what con­ fidence can be felt that any law or any treaty will be carried into effect while its administration rests in the hands of judges who have annulled every exist­ ing statute. While they remain upon the bench Chinese exclusion is impossi­ DIPORTATIOY OF CHINESE LABORERS. ble. We demand the impeachment and removal of Lorenzo Sawyer, judge of the Mr. O'NEILL, of Missour-4 under leave to print on Senate bill to United States circuit court of the ninth circuit, and of George M. Sabin, district prohibit importation of Chinese bborers, presented the following letter judge for the district of Nevada. . and memorial: Adopted in mass meeting of trades unions and citizens of San Francisco July ~. 1888. SAN FRL'iCISCO, July 30, 18E8. H. C. KINNE, Chairman. DEAR Sm: Inclosed you will please flud a. copy of the memorial adopted at HAMILTON H. DOBBIN, Secretarv.