1898~ CONGRESSIONAL RECORD-HOUSE. 3033

Lieut. Col. Charles Patrick Eagan, assistant commissary-general Mr. LOUD. If my language as it appears is not emphatic ()f subsistence, to be assistant commissary-general of subsistence enough, I think it ought to be corrected. with the rank of coloneL Mr. CASTLE. I desire that correction made. :Maj. John James Clague, commissary of subsistence, to be as­ The SPEAKER. If the gentleman desires to correct any ex­ sistant commissary-general of subsistence with the rank of pression of his own, the Chair has no doubt the House will permit lieutenant-colonel. him to do so. Capt. Abiel Leonard Smith, commissary of subsistence, to be PONTOON BRIDGE AT PRAIRIE DU CHIEN, WIS. commissary of subsistence with the rank of major. Mr. BOUTELLE of Maine obtained the floor. COLLECTOR OF CUSTOMS. Mr. BABCOCK. I ask the gentleman from Maine to yield to John. Daland, of Massachusetts, to be collector of customs for me for a few moments. the district of Salem and Beverly, in the State of Massachusetts. Mr. BOUTELLE of Maine. Will the gentleman's matter lead APPOINTMENTS IN THE REVENUE-CUTTER SERVICE. to any debate? Mr. BABCOCK. I think not. I do not b-elieve it will occupy Henry Dike, jr., of the District of Columbia, to be a third lieu- more than three minutes. tenant. Mr. BOUTELLE of Maine. Very well. John V. Wild, of Virginin., to be a third lieutenant. Mr. I Walter A. Wiley, of Ohio, to be a third lieutenant. BABCOCK. ask unanimous consent for the present con· William G. Blasdel, of California, to be a third lieutenant. side-ration of the bill which I send to the desk. Henry G. Fisher, of the District of Columbia, to be a third lieu- The Clerk read as follows: A bill (8. 3873) to authorize the relocation and rebuilding of a pontoon bridge tenant. across the Mississippi River at Prairie du Chien, Wis. IN THE PROMOTIONS REVENUE-CUTTER SERVICE. Be it enacted 1Yy the Sawte and H01LSe of Representatives of the United States First Asst. Engineer Eugene P. Webber, of Maryland, to be a of_AT}le?'i~ i~ Congren ~embled, T~t the railway PNew Jersey, to be a proved June 6, 18fi, may be relocated and rebuilt by the Chicago, Milwaukee first assistant engineer. and St. Paul Rail way Company, the present owner of the bridge, in accordance POSTMASTERS. with such plans and at such location as may be approved by the Secretary of War and subject to the same limitations and requirements, except as to the William L'H. Silliman, to be postmaster at Clarksville, in the changes in structure approved by the Secretary of War, as are provided in county of Pike and State of Missouri. the a-ct of Congress approved June 6, 1874, hereinoofore named: Pro1:id~, That the length of channel spans of the new structure shall not be less than George F. Robinson, to be postma-ster at Jefferson City, in the the length of such spans in the existing bridge. · county of Cole and State of Missouri. William F. Bloebaum, to be postma-ster at St. Charles, in the Mr. BABCOCK. Mr. Speaker, this is a Senate bill which has county of St. Charles and State of Missouri. been recommended by the War Department and approved by the William H. Vasser, to be postmaster at Aberdeen, in the county House committee. It merely authorizes a change of location. of Monroe and State of Mississippi. There being no objection, the House proceeded to the consider­ · Robert W. Warner, to be postmaster at llion, in the county of ation of the bill; which was ordered to a. third reading, read the Herkimer and State of New York. . third time, and passed. Jacob M. Alexander, to be postmaster at Dawson, in the county On motion of Mr. BABCOCK, a motion to reconsider the last of Terrell and State of Georgia. vote was laid on the table. Thomas Diller, to be postmast-er at Sterling, in the county of RELIEF OF SUFFERERS BY THE DESTRUCTION OF THE MAINR. Whiteside and State of illinois. Mr. BOUTELLE of Maine. I call up House bill No. 8618, for the relief of the sufferers by the destruction of the U. S. S. Maine in the harbor of Habana, Cuba. HOUSE OF REPRESENTATIVES. Mr. WHEELER of Alabama. If the gentleman will permit I wish to offer a resolution before that bill is called up. ' . MONDAY, Ma1·ch 21, 1898. 1\ir. BOUTELLE of Maine. I think I shall have to insist on the The House met at 12 o'clock m.. Prayer by the Chaplain, Rev. special order.

HENRY N. CoUDEN. . The SP.EAKER. The Clerk will read the bill which the 0uen- The Journal was read. tleman from Maine calls up. CORRECTION, The bill, with the amendments reported by the committee, was Mr. ROBB. Mr. Speaker, I desire to correct the RECORD. I read. am reported in the proceedings of Saturday last as not having Mr. BOUTELLE of Maine. Mr. Speaker, it is suggested that voted on the Post-Office appropriation bill. I was in my seat, and this bill may be passed without any debate. So far as I am con· voted '' no." I desire to be recorded as voting against the bill. cerned, if members of the House have advised themselves of the The SPEAKER. The gentleman is recorded in the J oumal as nature and provisions of the bill and wish to dispose of it without not voting. Without objection, the correction 'vill be made in occupying time in debate, I shall be very glad to have that course the Journal and the RECORD. pursued. Under the provisions of the special order, as I remem­ The Journal as corrected was app-roved. ber them, the bill is now before the House as in Committee of Mr. SWANSON. Mr. Speaker, I desire to correct the RECORD. the.Whole under the five-minute rule, so that if any gentleman I am reported as having said, during the course of the proceedings desires to debate the measure of course it will be his privilege to of Saturday last, "I want to yield three minutes to the gentle­ do so; and I should be glad to make some arrangement for what I man from Virginia f.M.r. OTEY]; but I see he is not here." hope would be a very limited debate. I wish to say that Mr. OTEY was present at that time, but stated But I sho.~d be very g~ad my~elf to forego even an explanation to me that he did not wish to use so little time as three minut-es; of the proVISIOns of the bill, which are very clear and plain if I consequently he gave the time back to me. I wish to correct my could. feel tha~ member:s of ~he House are ready to join with -In.e in remark so as to read: speedily passmg the bill Without one word of discussion. [ Ap­ plause. I I wanted to yield three minutes to the gentleman from Virginia; but as the ~entleman does not wish to use the three minutes, it being so little time, ~:BAILEY. Mr. Speaker, I .think~here is no disposition on he yields the time back to me. this s1de of the House to debate this particular bill. Such matters Mr. HULL. On page 3348 of the RECORD, in a remark of mine as we desire to speak: about we are perfectly willing to reserve for as Chairman of the Committee of the Whole, I am reported as say­ the naval appropriation bill. I will say to the gentleman from ing: "The Chair is inclined to sustain it ,.'-that is, the point of Maine, however, that there ia at least one amendment that I think order then raised. The word '' not" should be inserted, so as to ought to be made to this bill. make the language read: "The Chair is not inclined to sm;tain it." . Mr. BOUTELLE of 1\Ia~e. Will the gentleman permit me Mr. CASTLE. Mr. Speaker, I desire to correct the RECORD. r1ght there to say that the bill as now read contains a few amend­ On page 3328, in the response made by the chairman of the Com­ ments which the committee have reported, and which will, of mittee on Poot-Offices and Post-Roads [Mr. LouD] to some re­ course, be read and acted upon? We are ready to act upon any marks which I made here on Saturday, I find the following: amendment that may be offered. If I had a boy 8 years old that could not solve that problem, I think I Mr. BAILEY. I am perfectly willing that the previous question would be tempted to drown him for the benefit of coming generations. I do shall be ordered after I submit an amendment to section 2. · not think it would be beneficial to mankind to have such a fool live. . Mr. HOPKINS. ~ ou wo:Ud. not want to call the previous ques­ Mr. Speaker, the correction I wish to have made is to insert the tiOn, would you, until the bill1s rea-d under the five-minute rul.e identical language which the gentleman from California used. section by section? Then, if there ia no amendment to be made ~ His phrase was " damned fool.'' I see the word " damned" has the sections, the previous question might be ordered. b-een stricken out of the RECORD; but that was the word which he Mr. BAILEY. · My understanding was that it was desired to used in this Bouse. dispose of it immediatelr, and without any delay. The SPEAKER. The Chair thinks perhaps the matter in the Mr. HOPKINS. I think there may be gentlemen on this side RECORD is just as well as it now stands. [Laughter.] who desire to offer amendments. I do not·know how that may 3034 CONGRESSIONAL RECORD-HOUSE. MARon 21, be, but the order is that we are to consider it under the five-minute knowledge of human nature, when He taught us to pray, "Lead rule. us not into temptation." Mr. BOUTELLE o: Maine. I would suggest, Mr. Speaker, that Now, when you say that a schedule shall be filed by the officers gentlemen on this side follow the example of the gentleman from and men under this act, as under that act, it is equivalent to say­ Texas [Mr. BAILEY] and send tce~r amendments up to the Speak­ ing that they will get substantially a years sea pay. Once in a er's desk. while one will not, from some reason or other, and it is not claimed Mr. BAILEY. If there are some amendments to be offered on but that one should be upon aU fours with another-that those the other side, I am willing that general debate on the bill shall who do not should be upon a footing with those who do. be closed, and that we proceed under the five-minute rule. And now, while we act with a generous sympathy, in accord The SPEAKER. The Clerk will read the first section. with the sympathy throughout the country, to the stricken men Tl1e Clerk 1·ead as follows: and officers who are survivors of the Maine disaster, let us not put Be it enacted, etc., That to reimburse the survivors of the officers and crew even the shadow of temptation in the way of anybody, but while of the U. S. R Maine, destroyed by au explosion in the harbor of Habana, we are doing a generous thing and an apt thing, let us give them, Cuba, on the 15th day of February, 1893, for losses incurred by them, respec­ as this amendment proposes, the full year's sea pay without tively, in the destruction of said vessel, there shall be paid to ea~h of said sur­ vivors, out of any money in the Treasury of the United States not otherwise rations. appropriated, a sum equal to the losses so sustained by them: Pmvided, That It comes to that substantially, and let us do away with attor­ the accounting officers of the Treasury shall in all cases require a schedule and affidavit from each person making a claim under this act, such schedule neys and delay, and let us do practically and directly to-day what to bs approved by the Secretary of the Navy; and reimbursement shall be it would take us three months to do, and which, I fear, in some made for such articles of clothing, outfit, and for such personal effects only instances would lead to a stretching, perhaps, of conscience, or at as are of a character and value and in quantity suitable and appropriato to least would place temptation there. the rank or rating and duty of the person by whom the claim lS made: Pm­ tnded jw·ther, That in no case shall the aggregate sum allowed for such losses . Mr. BAILEY. Will the gentleman from illinois permit me to exceed the amount of twelve months' sea pay of the grade or rating held by ask him a question? such person at the time the losses were incurred. 1\ir. CANNON. Certainly. The SPEAKER. Is there any amendment to the first section? Mr. BAILEY. I very much sympathize with the effort to make Mr. CANNON. Mr. Speaker, I offer the amendment which I every matter of this kind certain; but the bill as it stands, I dis­ send to the Clerk's desk. cover, provides that this allowance shall in no case exceed twelve Mr. PAYNE. There appears to be an amendment offered by months' pay. the committee. Mr. CANNON. Precisely. The SPEAKER. The Chair understands that there is an amend­ Mr. BAILEY. Now, it occurs to me that under the amendment ment offered by the committee, and that would be first presented of the gentleman from illinois [Mr. CANNON] the Government will to the House. The Clerk will read the amendment proposed by be compelled to pay the twelve months' pay whether that be more the committee. or less than the loss. The amendment proposed by the committee was read, as fol- Mr. CANNON. Certainly. lows: Mr. BAILEY. Whereas under the bill as it comes from the Insert in line 00, on page 2, after the word "pay," the words "without committee, if a man's losses amount to less than a year's pay, the rations." Government would only pay him what his losses actually were, The amendment was agreed to. and so the bill is a saving over the amendment. The SPEAKER. The gentleman from illinois [Mr. CANNON] Mr.CANNON. Well,practicallynot; butiwanttosaythis­ presents an amendment. Mr. BAILEY. Now, I want to ask the gentleman one other · The amendment offered by Mr. Cll~ON was read, as follows: question. In line 10, page 1, strike out the words ''the losses so sustained by them" Mr. CANNON. Yes. and insert "twelve months' sea pay, without rations, of the grade or rating Mr. BAILEY. Will the gentleman tell the House whether the held by such person at the time the losses were incurred." allowances under the Samoan disaster exceeded what they would Mr. CANNON. I should like the attention of the gentleman have been if that bill had adopted his policy and allowed a year's _ from Maine (Mr. BouTELLEl to this amendment. If he did not pay? catch the wording of it, I will ask that it be reported again. Mr. BOUTELLE of Maine. They only averaged $249 apiece. Mr. BOUTELLE of Maine. I did not understand the exact pur- Mr. BAILEY. What would a year's pay have averaged? port of it. Mr. BOUTELLE of Maine. A great deal more. The SPEAKER. The amendment will be again reported. Mr. CANNON. Very slightly more, says the Auditor in this The amendment was again read. letter. I want to say to the gentleman that in my judgment the Mr. CANNON. I will say to the gant1eman from Maine [Mr. papers in the Samoan disaster show that Congress ought not to BouTELLE] that the object of this amendment is to give one year's put temptation in the way of people to magnify claims. There­ sea pay without rations to the officers and men who are survivors. fore, to treat all alike, my proposition is to give them a year's sea It would cost for the 24 office1·s an aggregate of 847,800. It would pay absolutely. cost for the 70 enlisted men an aggregatte of 818,324. As shown 'Ihe SPEAKER. The time of the gentleman has expired. by the statement which I have from the Secretary of the Navy, Mr. BOUTELLE of Maine. Mr. Speaker, as it is manifest that that is the maximum that they could receive under the bill as re­ the bill is to be debate.d, I ask unanimous consent that I may ported, and my object in offering this amendment for the consid­ briefly state the provisions of the bill and the considerations which eration of the House is that we give to these survivors the abso­ led to their presentation. I will be very brief, but I should like lute year's sea pay without asking them to file a list of their losses. a little beyond five minut-es. I do it from a sense of duty. The SPEAKER. The gentleman desires unanimous consent of We passed a bill somewhat similar to this to indemnify the the House to make a statement in the nature of general debate. officers and men at the time of the Samoan disaster. I have in Is there objection? my hand a letter from the Auditor for the Navy Department, There was no objection. which reads as follows: Mr. BOUTELLE of Maine. Mr. Speaker, on the 19th of Feb­ TREASURY DEPARTMENT, OFFICE OF AUDITOR FOR THE NAVY DEPARTMENT, ruary! received a communication from the Secretary of the Navy, Washington, D. C., March 17, 1898. requesting that a resolution might be adopted by the House ex­ Sm: 1 have the honor to hand you herewith a list of the claims allowe<;t by tending the allotments made by certain persons on board the the a.ccounting officers under the act of February 19, 1 00, for losses sus tamed steamer Mai'ne in favor of their families and dependents at home. bl the officers and men of the U. S. S. Tl·enton, Vandalia, and the stranding o the Nipsic at the Samoan Islands, 1\:Iarch 16, 1 ''9. It appears that the 1\Iy committee deemed it to be wise, and that it would form a officers did not apply for the allowance under section 290 of the Revised proper response to manifest public sentiment, for us to frame a Statutes but most of the men did and were J?aid the amount claimed, under measure that should combine the extension of these allotments, section 288 of the Revised Statutes. In additwn they were allowed for losses under the act of February 19, 1890. . . which affected only about thirty of these people, with a general You will observe that the amount allowed m nearly all the clauns was measure of relief to reimburse the survivors for their losses and equal to or nearly one year's sea pay of the rank or grade of the claimants. to provide a relief fund for the surviving immediate relatives of Very respectfully, · JOHN M. EWING, Acting Auditor. those who were hm·led into eternity by that great disaster. Hon. JosEPH G. CANNON, In performing that duty the first question that confronted us House of Rep~·esentatives. was whether the Government ought to do anything for these de­ Mr. SAYERS. Mr. Speaker, will the gentleman allow me? pendents and these survivors. We answered that unhesitatingly Mr. CANNON. In a moment; yes. in the affirmative. The next question 'vith us was how much or Mr. SAYERS. Will not the gentleman state to the House that how far in that direction we should go; and the answer seemed to under that act of Congress indemnifying the sufferers at Samoa be as clear-at least as much as the Government has ever done in the grossest frauds were perpetrated upon the Treasury? recognizing sufferers by similar disasters; and so we turned to the Mr. CANNON. I want to say in reply to that that no man can precedents of the Congress and found a line of enactments ex­ examine tlie papers that were filed by the claimants under the tending back many years, and following substantially the same Samoan disaster act without saying that that clause_of the Lord's provisions which were adopted in the case of Samoan· disaster, Prayer was an eminently proper and great one, having a complete as the last of the instances, provided for reimbursing the survivors, 1898. CONGRESSIONAL RECORD-HOlTSE. 3035

because the survivors are still kept in the service and are still on objected as being applied to this case, that the accounting officers pay. of the Treasury should investigate and determine the amount of For the wounded or injured, they are cared for by the service, losses; that the Secretary of the Navy thereupon should report to and all that they have ever asked, all that they will ask to-day, is Congrass at its next session, which in this case would be next De­ to be reimbursed for the actual losses of effoots that they have cember, and the amount of such losses Congress should then ap­ sustained by this disaster. In regard to the measure of relief of propriate fOl', if it saw fit, the sufferers in the meantime going the families and other immediate relatives we felt that they should without relief. be dealt with as liberally as on former occasions which have Mr. WALKER of Massachusetts. That is how not to do it. ari'len, not of the magnitude of this calamity, and so we prepared Mr. BOUTELLE of Maine. We did not think that would fit a bill on the line of the bill enacted in the case of the Samoan this case and would not be what Congress would desire to have disaster. done. We shortly learned, while engaged in the preparation of the bill, There was another provision in the bill which the chairman of that there had arisen certain disputes and that certain claims had the Committee on Appropriations [Mr. CANNON] thought would been presented which had been regarded by the Treasury officers cover this case, which I did not agree to, and that was the pro-vi­ as of a questionable character under the Samoan Act. The Samoan sion in the statute that the liability of the Government under this Act was very liberal, and might be criticised on other lines. It act shall be limited to such articles of personal property as are provided that the accounting officers of the Treasury shall require required by the United States naval regulations in force at the a certificate and affidavit from each person making a claim under time of such loss or destruction. the act, and there was no other limitation beyond that, except I knew that the United States naval regulations, which is a that it should not exceed twelve months' pay. compilation as specific as the Revised Statutes of the United Under that anumber of claims were filed by the men for losses, States, do not provide for anything except the uniform clothes of some of which were distrusted more or less by Treasury officials, the officers of the Navy; they do not pretend to prescribe the va­ and some of them were questioned and referred to a tribunal and rious articles of clothing which an officer of the Navy, or any tried by the Court of Claims. It was held by the court that under other citizen, requires, for traveling or journeying, or on ship­ the wording of the act it was mandatory to pay for all losses that board. I knew that the provision would not suffice under the were recited in this certificate to which the affidavit was made. strict application of it. These men could not be reimbursed for Now, the committee thought that they would strengthen the act actual losses; they could not be reimbursed for outside clothing in that regard. We felt that we had no right to bring in here and that they were entitled to have, because the naval regulations are subject to discussion the nature of things that had occurred in re­ confined to the uniform suits. gard to the former act that might reflect forward ~shadow upon A naval officer is a gentleman, a citizen of the United States; the possible integrity of the people to be relieved under this law. he is expected to go on shore otherwise than on duty, and he is But our committee, looking to what would be required to be prohibited by the regulations of the Navy from visiting the shore done, and looking at the victims of the disaster as entitled to a or leaving his ship under certain conditions in uniform, or, if liberal and a generous treatment of a great Government, thought wearing uniform at certain places, he has, as a 1·ule, an outfit of we should quietly put into our bill such safeguards as we believed citizen's clothes. I think the Government of the United States would absolutely secure the interests of the public Treasury, and and the House of Representatives, if we are going to reimburse remove any influence to what my friend fl'Om illinois has referred these men, want to reimburse them for the clothing they properly to as temptation, and we provided it in these words. · had with them, and so we did not think that act would suffice. Protided, That the accounting officers of the Treasury shall in all cases The gentleman from Illinois [Mr. CANNON] also objected that require a schedule and affidavit from each person making a claim under this the Government was not properly guarded under this bill; that act, such schedule to be approved by the Secretary of the Navy; and reim­ there was liability that lists !night be made out in excess of what bursement sliall be made for such articles of clothing, outfit, and for such personal effects only as are of a character and value and in quantity suitable these men were entitled to receive, and therefore objected to the and appropriate to the rank or rating and duty of the person by whom the bill. Now he comes here and makes a sweeping proposition to claim is made. grant a great deal more than the committee asks, and a great deal Mr. HOPKINS. Would it disturb the gentleman to be inter­ more than any claimant has asked or is likely to ask. These men rupted there? Now, as I understand, the victims of the Samoan are not asking a bonus, and they will not ask a bonus. They will disaster, many of them, owing to the action of the accounting ask Congress to give them an opportunity to be reimbursed. officers of the Treasm·y, were compelled to go into the Court of Mr. STEWART of New Jersey. Will the gentleman from Claims to get this bounty that was intended for them by Congress, Maine permit me to ask him a question? and were thereby compelled to pay out sums of money that they Mr. BOUTELLE of Maine. Yes. think were unjustly exacted from them. Is this bill so drawn Mr. STEWART of New Jersey. I understand, according to the that we will not have a repetition of that? terms of your bill, the officers have to furnish a schedule or an Mr. BOUTELLE of Maine. I will answer that in a word. It affidavit, and you vest in the Secretary of theN avy judicial power is. There was only one case that went to the Court of Claims, to ignore this affidavit and schedule and pay them nothing. and that is not the line in which this bill is drawn. Mr. BOUTELLE of Maine. Oh, no, no. Mr. RAY of New York. I want to ask the gentleman one Mr. STEWART of New Jersey. You vest in the Secretary of question-why one limitation has been placed in this bill. I no­ the Navy judicial power-- tice, in section 2, that you provide that wherever the widow-­ Mr. BOUTELLE of Maine. We vest in the Secretary of the Mr. BOUTELLE of Maine. We are now considering section 1. Navy just the same authority that we do in regard to other pay­ We have not reached the other yet. ments on account of the Navy· Department. It is simply the Mr. RAY of New York. I beg your pardon. Then I will call power to vise the lists or accounts. . attention to it when we reach that ssction. Mr. STEWART of New Jersey. If the Secretary of the Navy Mr. BOUTELLE of Maine. When we had put this provision doE's not see fit to give it his approval, the officer or the seaman, in and we had drawn that, with the other sections of the bill, I notwithstanding the affidavit, can not be paid. undertook to get this bill before the House. We thought it ought Mr. BOUTELLE of Maine. They could not. It is not to be to pass as speedily as possible. But at that time an appropriation conceived, it is beyond conception, that the Secretary of the Navy bill was pending in the House-l think it was the sundry civil will refuse to approve any list that these men properly make out. bill-and it was impossible for us, as a matter of course, to get Mr. STEWART of New Jersey. Why, then,providefor the ap­ recognition while that bill held the floor; and I c.onsulted with proval by the Secretary of the Navy? the chairman of the Committee on Appropriations [Mr. CANNO~] Mr. BOUTELLE of Maine. Because the chairman of the Com­ in my desire to obtain a day to pass the bill. mittee on Appropriations [Mr. CANNON] and other gentlemen are The gentleman objected giving that permission on several insisting that this other law was loose, and that there were claims grounds. Among them was the ground that he had not had time made before for articles regarded in excess of what was proper to to examine the bill, which of course he was afforded. He then provide for. In other words, it enables the Secretary of the Navy, objected that this bill was unnecessary, because there was a gen­ instead of the accounting officers of the Department, to say what eral law, to which he called my attention, and to which my atten­ class of articles are suitable and ought to be included in the list tion had been previously called, of course, which he thought would for reimbursement by the Congress of the United States. supply all the ne.eded legislation. Mr. STEWART of New Jersey. The gentleman says that the There was an act passed in 1895. to which my attention had Secretary of theNavywillnotexercise.thepower. Then why give never been called until quite recently, evidently for the purpose it to him? of providing against the occurrences that came up under the Sa­ Mr. BOUTELLE of Maine. The gentleman is a lawyer, I pre­ moan act, but which proved to be verv loosely drawn. It did not sume? supply the place of the measure we have reported, because, in the Mr. STEW ART of New Jersey. I have read law. first place, it was confined absolutely to the reimbursement for Mr. BOUTELLE of Maine. I was about to say that all govern­ personal effects. and provided no relief whatever to the relatives ments and all judicial proceedings are and must be based upon or dependents of the dead. the presumption that a public officer is inclined to perform biB It also had thls other provision to which my committee strongly duties in a reasonable and respectable way. 3036 OONGRESSIONAL RECORD-HOUSE. M.A.Rorr 21,

. The jurisdiction of the Secretary of the Navy would extend just I was drafting this bill, which I intended to be just and liberal this far: lf some officer or sailor should include in his claim some and generous to those men, such a thing never occurred to me, article manifestly improper for him to have or manifestly im- even with all my sympathies for that gallant officer, Richard proper as a subject for reimbursement, an article which :he had no WainWI'ight, the executive officer of the Maine, as that he would business to have on board the ship, or if he should ask reimburse- want me to ~.sk that he be permitted to draw from the Govern­ ment for a list of articles absurdly in excess of his possible or rea- ment $2,800 without regard to whether his actual losses reached sonable use, the suggestion would be made to him that he revise that amount or not. his Ust in accordance with the proprieties of the case. Every bill of this kind that has ever been passed has been based :Mr. BAILEY. Will the gentleman permit a question? upon the idea of making good the losses of the men in the disas- Mr. BOUTELLE of Maine. Yes, sir. . ter. And that is what we have tried to do here. But for objec- Mr. BAILEY. Can the gentleman tell the House what is the tions and criticisms which have been leveled at this bill-every highest salary drawn by any of the surviving officers or crew? one proceeding on the line of its being too loose, allowing too Mr. BOUTELLE of :Maine. Captain Sigsbee receiveB $4:,500. much latitude for the expenditure of money, or for the Govern- Mr. BAILEY. Then, under the amendment, without anyques- mentbeing taken advantage of-I would have had the bill before tion as to how much property he had lost, that officer would re- the House three weekB ago. I now bring it here ·as we have pre- ceive $4,500. pared it; and I have explained, so far as this section is concerned. Mr. BOUTELLE of Maine. Unquestionably. My committee I am as devoid of pride of opinion about the phraseology of this did not think that was the proper thing to ask or grant. bill as I could possibly be about anything under the sun. I think Mr. BAILEY. Now, will the gentleman be good enough to I manifested that when I offered to submit it to the unbiased tell the House what was the largeBt allowance made to any officer judgment of this House without a word of debate. I want this for losses arising out of the Samoan disaster? relief to be granted. I want these allotments that have been Mr. BOUTELLE of :Maine. I have not at hand the figures to stopped under the law to be paid to the widows and mothers and enable me to answer with precise accuracy. children. I want the relief given that is being demanded by the Mr. BAILEY. I would suppose it reasonably certain that no people of this country in public meetings, by the raising of sub· man received as much as $4,500. scriptions, by the holding of benefit performances to supply some- Mr. BOUTELLE of Maine. Not at all. I think the largest thing for the subsistence of the wives and children of these men, amount paid under the Samoan bill was something like $2,000, and some of whom have never been given the privilege of Christian very few received that much. burial, because their shattered and tom remains have never been Mr. BARROWS. I should like to ask whether any distinction rescued from the fragments of that ill-fated ship. I want relief to is made in this bill between citizens of the United States and go to them. I want it to go promptly. I want it to go ungrudg- aliens who were on this vessel? ingly, and I hope that this House will grant it in that spirit. Mr. BOUTELLE of Maine. All who were on the vessel are a.s- Under the Samoan act, when all thoee ships met with that dis· sumed to have been citizens of the United States. aster, the Government up to date has paid out $161,000. Does Mr. BARROWS. They were not all citiZens of the United any man begrudge it? Is there a citizen of this country who States in fact, were they? would make it one dollar less? Is the Congress of the United Mr. BOUTELLE of Maine. Any man who was blown up on States inclined to haggle about meeting this crisis as liberally and an American ship under our flag is enough of an American citizen as generously? to be recognized by this Government. · Twelve months' sea pay of all the people on boara of the Maine Mr. BARROWS. I observe in the second section~ at the time of her disaster, who were connected with her, would Mr. BOUTELLE of Maine. I hope the gentleman will confine amount to a little over ·$161,000. My committee thought the Gov­ his remarks to the first section, which is now under consideration. ernment could afford to pay the whole of that, if needed. This Mr. BARROWS. I want to show that there is a difference in bill will not carry the whole of that amount. These officers and the wording of the first and second sections. men can be settled with liberally and generously for their losses, Mr. BOUTELLE of Maine. .They relate to different things en- and that is all they ask. The year's pay can be granted to the tirely. people to whom these gallant sailors would have asked their conn~ Mr. BARROWS. In the first section the language is, "That try to send it if they had known they were going to die. to reimburse the survivors of the officers and crew." Then in the Yet we shall be well within the limits I have stated. Now, if second section the language reads, "officers, enlisted men1 and the Honse desires to change the phraseology of this bill, if the others." House desires to grant a year's sea pay to the survivors in addi- Mr. BOUTELLE of Maine. One section provides for rei.m- tion to their pay, which goes on, under the name of reimbursing bnrs.ement for losses; the other section makes -provision for the them for losses, why of course I shall not object to it, but that families of those who lost their lives. was not what this bill purported to be, and it was not for that Mr. BARROWS. I am speaking, however, of the persons in- purpose that it was brought into the Hom;e. I do not know eluded under the two sections. that I care to say anything more about section 1. [Applause.] Mr. BOUTELLE of Maine. One section provides for the living; Mr. CANNON. I should like, I think, not over five minutes; the other for the dead. but if so, I shall crave the indulgence of the House. I should not Mr. BARROWS. But the first section refers to "the officers have taken the time of the committee further had it not been that and crew;" the second section refers to "officers, enlisted men, the gentleman from Maine [Mr. BOUTELLE] has seen proper to and others." . pay his respects to me as a Representative. That is his privilege, Mr. BOUTELLE of Maine. The gentleman raises no material He has seen proper to detail matters of conversation between him· distinction. self and myself as Representatives. That is his privilege. Mr. BARROWS. Were there not some servants on board that Mr. BOUTELLE of Maine. Will the gentleman pardon me for vessel? one moment right there? Mr. BOUTELLE of Maine. They were probably enlisted men; Mr. CANNON. Certainly. they must be. Mr. BOUTELLE of Maine. The statements that! made here to. Mr. BARROWS. I only wondered why thetwosectionsshould day I informed the gentleman from Illinois weeks ago I should be use different phraseology iii this respect. · constl:ained to make, to advise the public why I had not brought Mr. BOUTELLE of Maine. The terms to which the gentleman this bill before the House before. refers cover the same classes. One or another clause of this bill Mr. CANNON. Very well. The gentleman has gone a step covers everybody on board the ship. further and has seen proper, direct1y and indirectly, to criticise Now, Mr. Speaker I hasten on as rapidly as I can, for I do not my position. I am responsible for my position as a Representative want to detain the House. to my constituency and to the general public sentiment of the Under the Samoan act 646 claimants were settled with. There country. If I merit confidence from those I represent, that is as were on the lost vessels 85.0 officers and men who would be entitled far as I can go. God has not endowed me nor any other man that to indemnity under that act. It will thus be seen that 204 of the walks the earth with the ability to merit the approbation of the enlisted men have not yet been settled \vith~ or, rather, have not Ig entleman from :Maine. [Laughter.] There is but one man yet made application. Some fow applications, I think, ar~ pend- who merits that approbation, and that is the gentleman from ing; but there are about 200 of those men who have nevm· made IM aine himself. [Laughter.] .. application at all :Kowt so much for that. Now, in drawing this bill it never occmTed to the committee, If I can have the attention of the House for a brief space, I will and it never occurred even to me. that it would be appropriate to tell the House whaic I think about this whole matter. seek any temporary applause for liberality by coming in here and Prior to 1890, section Z88 and section 290 of the Revised Statutes asking twelve month ' sea pay as reimbursement for officers or gave to each officer and ma!l, in case of naval disaster, a month's men, when such a measure would carry $-1. 500 for the command- sea pay to reimburse him for losses. Th::tt was all the legislation ing officer while he would be receiving $4 500 a year as his regular that had ever been had up to the Samoan disa..ster. That wonder· salary. I do not apprehend that Captain Sigsbee would ever ful disaster known a.s the Samoan disaster came, and Congress, dream of asking or expecting the Government to do that. When with the great, sympathetic he.art of the country touched, thought 1898_. OONGRESSIONAL REOORD-HOUSE. 3037

proper to legislate and make special provision for the people who do that, well and good. Let us do it, but let us do it by giving lost their personal effects, and the survivors of those who lost the year's sea pay absolutely, and not going through the form of their lives in that disaster. whipping around the stump. We did so. We gave not exceeding a year's pay to each man and Mr. SOUTHARD. Will the gentleman yield for a question? officer for personal belongings. Now, that was creditable to the Mr. CANNON. With pleasure. United States. It was credita.bletothecountry. What happened Mr. SOUTH4RD. The same men would have got even more under that Samoan act? Many enlisted men took a month's sea than they did get if the year's pay had been awarded them in the pay and took substantially the maximum or a year's sea pay be­ case of the Samoan disaster. sides. How? That law provided that the claimant should make Mr. CANNON. Not at all. Earle got his full year's pay, and out a list of his belongings and file it with the Treasury. took a second inventory for it. The Treasury had no discretion. Well, now, what was there­ Mr. HILBORN. Is not he the only man who did it? sult? I read you the letter of the Auditor a little while ago, and Mr. CANNON. No. I have the list here. The Auditor's letter states that the claimants Mr. HILBORN. How many others are there? substantially took up to the maximum. Now, substantially did Mr. GANNON. Here is the list. Many of them got it, they lose to the maximum? Some did, and some did not. Why, Mr. HILBORN, How many men besides that one? I hold in my hand here a letter that I will not read to the House, Mr. CANNON. Why, Ah Fat got S300. Ah Sin got $299, or which I will not put upon the record. Gentleman can see it. within $1 of it. It is a letter from a blacksmith on the Nipsic, written to a ship­ Mr. HILBORN. But are there more than a dozen of the whole mate, which the shipmate never receivetl, and which was sent crew? back to the United States consul, the shipmate dying in foreign Mr. CANNON. Oh, yea; the rule is that they got it, substan· waters, in which letter the blacksmith said in substance, omitting tially. the objectionable parts, that he did not lose anything and was Mr. HILBORN. Oh, no; that is not so. not going to make any claim, but he found it was in the air, and Mr. GANNON. Then you and the Auditor of the Treasury De­ that he went to work and made a claim substantially for 6740 or partment fo-r it. I have just read his letter, and it will go into 5750, congratulating himself upon his Yankee shrewdnes3. He the RECORD. Now, then, I am telling yon what I think, gentle­ r£ys that in ten days he got it, and after a month he found there men, happened; but I am not here saying that it will be done. was $50 more, up to his sea pay, and he filed a supplemental claim, When the Samoan disaster happened; these abuses begot legisla· and he got that. tion. What was it? That in disaster and losse" the officers and Then he went on to tell how he got $800 for another shipmate, men should be paid for their personal belongings, but under the and got 8100 as compensation therefor, and congratulated himself Naval Regulations. that he had cut some shyster lawyer out of that $100. Well, now, That is the law to-day; and as to the Tallapoosa and Kea1·sarge, this letter was sent back to the Stat-e Department and the State I believe, and others, where there were mishaps, indemnity was Department filed it with the officers of the Treasury. I went given under that law. Now, the gentleman said it is not liberal down-and looked through those claims. Let me call your atten­ enough. If that is so, let us make it -more liberal; and I do not tion to how this runs. propose, as the gentleman supposes, to measure my corn in his half Mr. BRUMM. Mr. Speaker, a parliament.aryinquiry. Are we bushel, for effect, but I propose in good faith to do as it seems to not proceeding under the five-minute rule? me right to do, directly that which we are indirectly doing by the The SPEAKER. We are. provisions of this bill. Mr. BRUMM. The gentleman has certainly occupied more Mr. SIMS. Will the gentleman allow me to ask him a question? than five minutes. Mr. CANNON. Certainly. The SPEAKER. The Clerk informs the Chair that the time of Mr. SIMS. Do you think that these men, the survivors or those the gentleman has just expired, and the Chair was about to in­ provided for in this bill, are men whose personal belongings will form the gentleman from illinois of that fact. amount to a year's sea pay? Mr. CAl'fNON. I should like the indulgence of the Honse. Mr. CANNON. Oh, my judgment is that they will not. Mr. BLAND. I hope the gentleman will be allowed to proceed Mr. SIMS. Do you think it dishonesty, if they claim that? for five minutes longer. Mr. CANNON. I do not want to accuse anybody of dishonesty. Mr. CANNON. Well,Iwill beverybrief, but I should like­ I say this-I say, as shown in the Samoan disast-er, that when you Mr. LOVE. I ask that the gentleman be allowed b pro:;eed. allow claimants to state the amount, they having the knowledge Mr. WALKER of Massachusetts. To conclude his remarks. and substantially the only knowledge of their personal belongings, Mr. BRUMM. We do not want our day taken up by this other there is a temptation to make the claim up to what the compensa­ matter. tion might be; and in the case of the Samoan disaster, if any man Mr. CANNON. Oh, I will be exceedingly brief. will examine t:q.e records, he will see that in the main they did The SPEAKER. Unanimous· consent is asked that the gentle­ substantially pursue that course. man from illinois be allowed to conclude his remarks. Is there Mr. SIMS. That they did act dishonestly. objection? Mr. STEELE. They are no purer than the Methodist Book There was no objection. Concern. Mr. CANNON. Now, the Auditor states that, in the main, the Mr. JOHNSON of Indiana. I am afraid that in talking about claimants in the Samoan disaster took up to the maximum. What this subject in the way the gentleman is doing he is not just to was the value of a seaman's outfit under the regulation? Sixty­ the victims of the Maine disaster. six dollars! Well, now, Americans, Chinamen, and others in Mr. CANNON. I propose to do justice to them; and I am various positions on those vessels took up to the maximum. Take going to vote for this bill and to vote for it from the standpoint the case of Ah Fat. His _pay was $540 a year; and on his schedule, uf sympathy-public sympathy and my own sympathy. I am for and which was the only evidence he received $440. giving these survivors the equivalent of a year's sea pay, but I Take Ah Jim. His pay was 480, and his claim for personal be­ want to give it without a statement from the survivors. longings.- which was allowed, was $415. Take Ah Foo. His pay Mr. JOHNSON of Indjana. I only wish to say that I am sorry was $300, and his personal belongings under the schedule, which the gentleman did not put his views in a little more delicate and was allowed, amounted to $300. So I might run clear through. fortunate language. I suggest to the gentleman that from his Now, I am not abusing these claimants. Let me tell you who remarks it would look like his assent came a little grudgingly. is responsible for that. Let me tell you who is responsible for the .Mr. CANNON. Not at all. I grudge nothing. I am onlyper­ action of this man Earle, whose letter I have here which I will forming my duty as a Representative. not spread upon the record. That logislation which said for their Mr. JOHNSON of Indiana. You are assuming, however, that personal belongings they should have not exceeding a year's ea these survivors of the disaster will be dishonest? pay was a temptation to every claimant. I am not saying that Mr. CANNON. I am not assuming that. I say ! ·would not they are better or worse than you or I would be. Once in a while place temptation before men by legislation. · one did not claim, and he did not get it. Once in a while one Mr. JOBN80N of Indiana. Your position, as indicated by claimed a much smaller amount, and he only got what he claimed. your remarks, seems to be that you would give them the limit of But where the claim was made and the schedule was filed, they the amount that they could steal. I think it a little unfortunate got it. that the gentleman in his remarks resorts to this sort of logic. Now, when we discovered that, I thought it was my duty, Mr. CANNON. I am assuming nothing. I am speaking here having voted for the Samoan act, not again to enact anything in harmony with the project of giving these men relief. that was similar. That was all. If I do it a second time, then a Mr. JOHNSON of Indiana. I would prefer that you did it in second time, and knowingly, I place temptation in the way of kinder words. men; and after consultation with the accounting officers of the Mr. CANNON. I am not at heart or otherwise, directly or indi· Treasury, measuring my words, I have no doubt that this legis­ rectly, seeking to impugn the motives or honor or honesty of any lation, if enacted as reported from that committee, wjll substan­ man living, but I am speaking as a practical legislator of what tially give a year's sea pay to the claimants. Now, if we want to seems to me to be the proper course. 3038 CONGRESSIONAL RECORD-HOUSE. M.A.RcH21,

Mr. JOHNSON of Indiana. I am very glad to hear the gentle­ Mr. DOCKERY. Will the gentleman from illinois allow me? man make that general statement, and I hope the public will take Mr. CANNON. Yes, sir. it in connection with his other statements. Mr. DOCKERY. I am in heartysynipathywith the purpose of Mr. BOUTELLE of Maine. I ask that we may have order, Mr. this bill, but it seems to me the discussion has developed the un· Speaker. wisdom of the first section of the bill. I will not discuss the Sa­ Mr. BAILEY. Mr. Speaker, when my attention was called to moan scandal, but will say that as the result of the experience of the amendment proposed by the gentleman from illinois, I was the Government in connection with naval disasters there was inclined to support it, upon the theory that it rendered the allow­ crystallized into law by the act of March 2, 1895, a measure which ance to the survivors of this unfortunate disaster certain. I knew it was thought would rid us of trouble in connection with claims something about the scandal of the Samoan affair, and I thought of seamen and officers shipwrecked at sea. it desirable to avoid a repetition of that, if such a disgraceful thing 1\lr. BOUTELLE of Maine. Will the gentleman allow me at could be repeated in this country. But on examining the bill itself this point? it seems to me that the bill is more desirable than the amendment, 1\fr. DOCKERY. Certainly. because the bill itself limits' the allowance to a years pay, still Mr. BOUTELLE of Maine. Of course the gentleman is famil­ leaving the question of loss to be settled according to the value of iar with the fact, I presume, that under the adjudication of the articles which have been lost. courts it was decided that that act did not permit an officer to Now, the gentleman from illinois :proposes to remove all tempta­ recover for anything except what was prescribed in the United tion from these survivors by allowing them more out of the States naval regulations in force at the time of the disaster, and Treasury than any one of them would probably ask. I have long the United States naval regulations do not provide for personal believed that the best part of the Lord's prayer is that which says: effects of officers which are absolutely necessary, except their uni­ "Lead us not into temptation;" but I would hardly ask for our forms. people to be saved from temptation by giving the honest more Mr. DOCKERY. I was about to state the law the gentleman than the dishonest could ask. has cited. As a result of experience, Congress thought it wise to The gentleman removes the temptation to dishonesty by giving limit the payment to losses on account of clothing and other ef­ the honest ones even more than the dishonest ones would claim. fects to which officers and seamen are entitled under naval regu· Now. personally that might be a very good way to deal with a lations. and of the value ascertained at the time of the disaster. question of this kind, but dealing with it as a public servant, and Mr. BOUTELLE of Maine. There is no such provision-­ dispensing, as we do, the public funds, it seems to me the estab­ Mr. DOCKERY. I have no doubt the gentleman is more fa· lishing of a bad principle. We intend to reimburse the sur­ miliarwith this question than I am, but having had something to vivors for their losses. Now, do not allow them to speculate on do with the preparation of the act, and understanding as I do that their misfortune by allowing every one of them to take from the both the Navy and Treasury Departments approved of the act of Treasury more than they would be willing to certify that they March 2, 1895- had lost. The captain of this ill-fated man-of-war draws $4-,500 a year. Mr. BOUTELLE of Maine. It does not so show anywhere. Under the provisions of this amendment he would draw $4,500 to Mr. DOCKERY (continuing). I supposed that was a settlement reimburse him for the loss he has sustained. Yet I venture to say of the whole matter, so that if an American man-of-war should that under the most liberal account which the captain of the thereafter be wrecked the officers and seamen would have the Maine will file against the Government his losses will not aggre­ benefit of the general statute, to which they could at once apply gate one-half of $4,500. It seems to me preferable that we should without coming to Congress for relief by special act, as had been leave these men to specify under proper limitation their losses, the custom. I will not offer any amendment to the first section that the Navy. Department shall inspect the lists which they have of the bill. I believe, however, that this particular class of losses filed, and allow their losses, and no more. should be left to the provision of the general law. I would amend That some of them will file lists embracing articles they did not the general law only in one respect so far as it relates to the dis­ lose, that some of them will probably give fictitious prices to arti­ aster which occurred in the harbor of Habana. I would appro· cles which they did lose, no doubt will be true, because, as the gen­ priate a sufficient amount of money to pay the losses at once tleman from Illinois [Mr. CANNON] says, this is the weakness of instead of requiring the claimants to wait until the next session human nature. But I venture to say that very few of the sur­ of Congress. vivors of that disaster will attempt to speculate upon the gener­ Mr. BOUTELLE of Maine. The gentleman recognizes that as osity of the Government [applause], and I desire to say now that a serious objection to putting this case under that act? if tb.ere is any man commissioned to defend the American flag Mr. DOCKERY. I do. I would make a sufficient appropria· who would abuse the generosity of the Government, the sooner tion so that the claimants could go at once to the Treasury and yon can tear our uniform from him the better it will be for the get their money without waiting until the next session of Con­ security of this nation. [Applause.] gress. Mr. HILBORN. Mr. Speaker, dnringthedebate the gentleman Mr. BOUTELLE of Maine. They could not do so under the from illinois [Mr. CANNON] broadly said that those who claimed general law. as survivors of the Samoan disaster presented their claims for all Mr. DOCKERY. I admit that an immediate appropriation is they had authority to claim. I challenged that statement, and he necessary; otherwise the claimants would have to wait until the reiterated what he said. I hold in my hand a statement prepared next session of Congress in order to secure their allowances. The by the officers of the Navy Department, which 1 will read: act of March 2, 1895, requires audited claims of this character to Mullen, commander, salary $3,000, claimed 51,834.60; Hawley, be certified to Congress for "consideration." In that respect I lieutenant, salary $2,600, claimed $793.25; Derr, surgeon, salary would amend the act so as to allow claimants the benefit of their 82,800, claimed 8127; Corwine, past assistant paymaster, salary audited allowances without the delays incident to the operation 82,000, claimed $391.50; Shearman, lieutenant, salar-y .8'3,000, of the law. claimed $23.50; Purcell, ensign, salary 81~400, claimed no'thing; But I had hoped my friend from Maine would consent that the Brown, pay clerk, salary 81,000. claimed 5439.25: White ensign, first section of this bill be stricken out, so as to allow the general salary $1,400, claimed nothing; Davenport, lieutenant. pay 82,600, law to apply, carrying, however, in this bill a provision that the claimed $250; Jones, ensign, pay $1,200, claimed nothmg: Field, appropriation be made immediately available. Then, with one ensign, pay $1,200. claimed 858.50; Frick, past assistant engineer, or two amendments to the second section, I think the bill would pay $2,200, claimed 8394.40; Hall, chief engineer, pay $2,800 claimed be entitled to hearty and favorable consideration. 1 shall support nothing; Fillette, first lieutenant, pay 81,650, claimed $503. the bill as reported, even though it should not be amended as I Now, that is all the officers, and those are their salaries and have suggested. what they claimed. Mr. BOUTELLE of Maine. Mr. Speaker, I do not think it nec­ Mr. CANNON. Will my friend from California allow me? essary to make any argument in this House to excuse the judg­ He does not want to do an injustice? ment of the Committee on Naval Affairs in assuming that such a Mr. HILBORN. Certainly not. phenomenal disaster as that which shocked the civilized world a Mr. CANNON. The Auditor states that there are over 250 that few weeks ago in the harbor of Habana is entitled to be considered have not filed claims; that many of them are still filing their in a special way on its merits by the Congress of the United claims, and that there are many undisposed of. The gentleman States; and when I superadd to that the admission of the gentle­ has said that those are all the officers. There are three sets of man ftom Missomi that the general statute to which he refers officers. Here are a few in another set: Carlin, lieutenant, pay would not fmnish the people relief until some time next year, and $2,600, amount allowed, $2,300.24; Wilson, lieutenant, pay $2,600, the further fact that the genel'al statute itself applies only to one allowed, $2,142; Gibbons, ensign, pay $1,400, allowed, $1,400. portion of the objects contemplated by the bill, I think we are Mr. HILBORN. Oh, of course there were some of them that fully justified in bringing the measure here, as we have done, in were allowed the full amount or near it. accordance with the uniform precedents of the Government. Mr. CANNON. Well, the gentleman said that was all of the Of course I ought to be grateful, and I shall try to be duly so, officers. Now, then, I stand here upon the information comprised for the knowledge that has come to me so tardily, that all the de. in the letter of the Auditor of the Treasury Department which lays to which this bill has been subjected while resting in my gives the full record and which verifies my statement. hands by the gentleman from Illinois has been due to a desire on 1898. CONGRESSIONAL RECORD-HOUSE. 3039

his part to get up e.omething more generous toward these people There are other words in that beautiful prayer which are spe­ than I had designed. I recognize that veryf~ly, but at thes~me cially appropriate for us to contemplate at this time: time it seems to me that the greatest generosity we can show IS to Thy will be done on earth as it is in heaven. act on this measure with as little debate as possible and allow these people to get the benefit of this act as soon as may be. It is the will of God that the atrocities which for three years There are some men-and we must be indulgent, because we are Spanish officials have perpetrated in Cuba shall cease; it is God's all human-there are some men so constituted that they would will that humanity should prevail throughout the world, and make a point of order on a funeral procession if they could not when He created this great Christian Republic He imposed upon be permitted to drive the hearse. fLaughter and applause.] it the duty of obeying this admonition. We can not neglect this Mr. Speaker, I ask for a vote on tbe first section. duty any longer. If we do so, we will lose all of that great prestige :Mr. COUSINS obtained the floor. . which we now enjoy throughout the world, and I very much fear that some disaster may come to punish a people recreant to so Mr. WHEELER of Alabama. Mr. Spea~er, I claim the floor for five minutes. The other side has occupied an hour and a half. sacred a duty. [Applause.] The SPEAKER. The gentleman from Iowa [Mr. CousiNs] has For three years we have listened to the sound of wails from been recognized. Cuba. We have had constant repetitions of evidence that Amer­ Mr. COUSINS. Mr. Speaker, whether this measure shall_pre­ icans and American interests in Cuba have not only failed to re­ ceive protection, but they have been treated with abuse and con­ vail, either in the form in which it has come ~OJ? the comm1tte.e or in the form as proposed in the amendment, It IS both appropn­ tempt and we have also received uncontradicted evidence that for tw'o years or more peaceful citizens, men, women, and chil­ ate and just; but hardly is it menti~nable in c_ontempla~m:~ of the dren, have been driven by Weyler's orders into towns to meet the g~·eat calamity to which it appertams. It will be an Incidental legislative footnote to a page of history that sh.all be open to the dreadful fate of death by starvation. eyes of this Republic and of the world for all time to come. No We now have positive evidence that as many as 200,000 peace­ ful citizens have met this dreadful death. human speech can add anything to the silent gratitude, t~e speer:h­ less reverence already given by a great and grateful nation to Its Thew people, driven from their homes, corralled, and starved dead and to their living kin. No act of Congress pro­ in Spanish towns, are not insurgents, but General Weyler's order defende~s states that if caught outside the towns they shall be treated as viding for their needs can ke a restm~itution for t~eir sacrifice. Human nature does, in human ways, Its best, and still feels deep such which means they shall be massacred. in debt. Th~ SPEAKER. The Chair hopes the gentleman will confine Expressions of condolence have come from every country and himself to the topic under discussion. from every clime, and every nerve of steel and ocean cable has Mr. WHEELER of Alabama. The bill now under considera­ tion was amended four times in the Committee on Naval Affairs, carried on electric breath the sweetest, tenderest words of sym­ and five or six amendments to the bill are now pending in the· pathy for that gallant crew who manned ~he Main_e. But ~o human recompense can reach them. Humamty and trme remam House. This develops the necessity of the special committee pro­ their everlasting debtors. . vided for in the resolution I introduced at the opening of to-day's It was a brave and strong and splendid crew. They were a part session. It is as follows: of the blood and bone and sinew of our land. Two of them were Resolved etc. That a joint committee, consisting of seven members of the Senate, to be appointed by the Vk.e-President, and seven. members of ~he from my native State of Iowa. Some we1·e only recently at the House to be appointed by the Speaker, be created to consider the quest1on United States Naval Academy, where they had so often heard the 1of our' relations with Bpain growin~ out of the Cuban quest~on. That all morninO' and the evening salutation to the flag-that flag which messagf'.s heretof_ore recei'!ed or w:hich may hereafter b,e receiVI;'d from the President referrmg to this question be referred to satd committee. That had be~n interwoven with the dearest memories of their lives, such committee be authorized to send for persons and papers, to take evi· that had colored all their friendships with the lasting blue of dence and to administer oaths t-o witnesses. That said committe be anthor· . true fidelity. But whether they came from naval school or civil ized t~ employ a clerk and one assistant, a stenograp~er .and messenge~, ~nd that said committee report with as little delay as posstble the true conditions life from one State or another, they called each other comrade­ which prevail in Cuba, what part of ~he SJ?anish debt is .a burden to the ~·ev· that O'em of human language which sometimes means but a little enue3 collected therein, the protection given to Amencans and A~erJcan less than love and a little more than friendship, that gentle salu· interests in that island by the Spamsh Government, the truth rega.rd!-ng the. inhumanities and atrocities which have come to "the knowledge of. thiS bod.Y tation of the human heart which lives in all the languages of through semiofficial and other source.'!, and a_ny other facts relatu:tg to this man that winds and turns and runs through all the joys and matter which, in the judgment of the comnuttee, should be COnsidered by sorrdws of the human race, through deed and thought and dream, Congress. · d to Co The committee will, with as little delay as practicab1 e, recommen n- through song and toil and battlefield. gres3 what action should be taken by this bOdy. The committee shall have No foe had ever challenged them. The world can never know authority to report at any time. how brave they were. They never knew defe~t; they never shall. It is very evident that Congress will soon receive communica­ While at their posts of duty s~eep lured them mu:> the abyss; then tions from the President on the Cuban question, and I think every death unlocked their slumbermg eyes but for an mstant to behold member of the House will agree that these communications should its dreadful carnival, most of them just when life was full of hope have calm and dispassionate and prompt consideration. and all its tides were at their highest, grandest flow; just when To accomplish this I think this joint committee of the Senate the early sunbeams were fallin~ on the steeps of ~arne and ~ood­ and House should be immediately appointed to investigate and ing all life's landscape far out mto the dreamy, distant horiZon; report upon these important questions. just at that age when all the nymphs were making diadems and It is due to Congress and to the country that a committee shoul_d garlands, waving laurel wreaths before the eyes of youngandeager investigate and inform the House and Senate accurately upon th1s nature-just then, when death seemed most unna~ral. subject. We are inform~d that _more than 84-0~,oqo,ooo of bo~ds Hovering above the dark waters of that mystenous harbor .of have been issued by Spam, the mterest and prmcipal dependint: Habana the black-winged vulture watches for the dead, while upon the revenues Spain can draw from Cuba. We are informed over it ~nd over all there is the eagle's piercing eye sternly watch­ that the owners of these bonds are the principal force behind what ing for the truth. [Applause.] is called "the conservative policy of the United States," which Whether the appropriation carried by this resolution shall be has prevented action on the part of this Government. The truth ultimately charged to fate or ~o ~ome foe sh~ soon appear. or falsity of these statements should be investigated and made Meanwhile a patient and a patnotic people. enlightened by the known to Congress and to the country. lessons of our history, remembering the woes of war, both to the Let the committee be appointed; let us throw off the lethargy vanquished and victorious, are ready for the truth and ready for which has so long characterized Congress; let us, the representa­ their duty. The tumult and the shouting dies­ tives of a great people, realize om· du~ to Christianity and J;u­ The captains and the kings depart­ manity, and let us proclaim om· purpose m tones of thunder which Still stands thine ancient sacrifice, will resound throughout the world. An bumble and a contrite heart. Lord God of Hosts, be with us yet, It is my earnest hope that Spain will not force war n~o?- us, but Lest we forget-lest we forget. the action of that Governmentmayfinallycreateacondition mak­ ing it necessary for Congress to act and say whether or not this [Loud and long-continued applause.] . condition is one of war. Mr. WHEELER of Alabama. Mr. Speaker, the beautiful words which fell from the lips of the gentleman from Iowa (Mr. CousiNS] The rules of the House provide that all proposed legislation- will touch the hearts of all Americans who love liberty. They relating to the military establishment and public defense shall be referred to the Committee on Military Affairs. admonish us, the representatives of a great people, that we hay~ a sacred duty to perform. This meager recompense to the families That legislation referring- of the dead is little more than laymg a garland upon the tombs to the relations of the United States with foreign nations shall be referred to of American heroes. The gentleman from Illinois (Mr. CANNON] the Committee on Foreign Affairs. and others who have spoken this morning repeated the words from Therefore each committee might claim that matters which refer the Lord's Prayer: to the impending controversy with Spain might be referred to Lead us not into temptation. either committee. 3040 OONGRESSIONAL RECORD-HOUSE.

The joint committee from the Senate and House which I pro­ The following amendments were recommended by the com· pose could act with the utmost promptitude, and prompt action mittee: might be a matter of great importance. In line 5, a.fte:r the word "di~" insert the words "or who may die." On June 1, 1812, the President's message recommending a dec­ In line 15, after the word "death," insert the following: • Prot:idedfurther, That if any person who shall receive reim.bu.rsement laration of war was received by the House. It was read and Te­ under this act for losses incurred in said disaster shall die within t.he year · ferred to the Committee on Foreign Relations. It was reported in consequence of injul'ies incurred in the destruction of said vesse~ the back to the House by Mr. Calhoun on June 3, 1812. amount so paid shall be deducted from the amount <>f twelve months' s.ea pay (without rations) allowed to su.ch beneficiary by virtue of this act of On June 18 the House received notice that the Senate had r€lief." passed the bill, entitled: An act declaring war between Great Britain and her .dependencies and The SPEAKER. Without oojection~ unless a separate vote is the United States and their Territories. desired, the Chair will put the question on the two amendments The House passed the bill the same day, and it was immediately of the committee which have been reported to the House. approved by the President. The amendments were ~a-reed to. With regard to the Mexican war I find the following: Mr. BAILEY. Mr. Speaker, I desire to offer an amendment, to insert the word ''dependent" before the word ''parent," in line 2, HOUSE OF REPRESE..~A'l'IVES, January t1, 18/W. of page 2, and also to insert the word ''dependent" before Mr. RaraJson from the Committee on Military Affairs, reported a bill (No. 145) to authorize the President of the United States, under certain cir­ "brothers," in line 3, section 2. cumstances therein mentioned, to accept the services of volunteers, and for The SPEAKER~ The Clerk will report the amendment offered other purposes~ which bill wa.s read a first and ec.ond time, and committed by the gentleman from Texas. to the Committee of the Whole House on the state of t.he Onion. The Clerk read as follows: On May 11, 1846, the President's message having been received, In paj;e 2, line 2, before the word "paa·ent," insert the word "dependent;" the bill wa.s considered, amended, and passed, as follows: and in line 3, before the word "brothers," insert the word "dependent." M.A. y 11, 1848. M.r. BOUTELL.E of Maine. That will embarrass the opera­ "Whereas, by the act of the Republic of Mexico, a state of war exists be­ tions-- tween that Government and the United States: Mr. LOUD. Oh, well, if we are going to have debate on this, "Be it enacted by the Senate and HOUJle of Representatives of America in i· Congress assembled, That for the purpose of enabling the Government of the we must have it on both sides. United States to prosecute said war to a speedy and successful termination, M.t. BOUTELLE of Maine. Thank you. the President be, and he is hereby, authorized to employ the militia, navP..l, The question was taken on the amendment of Mr. BAILEY; .and and military forces of the United States, and to call for and accept the serv­ ices of any number of volunteers, not exceeding 50,000, who may offer their the Speaker announced that the noes appeared to have it. services, either as ca.>alry, artillery, infantry, or riflemen, to serve twelvo Mr. BAILEY. I do not like to have a division on a question of months after they shall have arrived at the place of rendezvous or to the end this kind, but we must have it on that. I demand a division. of the war unless sooner discharged; and that the sum of 10,000,000, out of any moneys in the Treasury -or to come into the Treasury not otherwise ap­ The House divid.ed; and there were-ayes 60, noes 106. propriated. be, and t.he same is hereby, appropriated for the purpose of car­ Accordingly the amendment of Mr~ B.AILEY was rejected. rying the provisions of this act into effect." ~Ir. LOUD. I move to strike out, on page 2, section 2, line 2., It in 123, O'J. was decided the affirmative-yeas nays after the word '' parEnts, n the words ''.and .if there be no parente, On July 15., 1861, Mr. John A. McClernand, .of illinois, then a the brothers and sister . " member of the Committee on Ways and Means, and afterwards Mr. BOUTELLE of Maine. The bill follows all precedent. a major-general .of the Army, introduced a resolution: Mr. LOUD. Regular order! That this House hereby pledges itself to vote for any amount of money The SPEAKER. The Clerk will report the amendment. and any number of men which may be necessary to insure a speedy, etc. The amendment was read as follows: This was, I believe, regarded as a resolution recognizing the ex­ On page 2, line 2, after the word "parents," strike out the words "and if istence of war. I also believe the Declru.·ation of Independen~e there be no parent.q, the broth~rs and si ;ter . " was recognized as the act of the Colonial Congre~s, which gave The question being taken, on a division (demanded by Mr. the world to understand that war existed between the Colonies BAILEY) there were-ayes 58, noes 97. and Great Britain, though war had actually existed from April Accordingly the amendment was .rejected, 19, 1775, the date of the battles of Lexington and Concord. The SPEAKER. The Clerk will read. fHere the hammer felL] . Mr. BOUTELLE of Maine. Mr~ Speaker, a. parliamentary in· :Mr. BOUTELLE of Maine. I move that debate on this section qniry. Has the amendment at the bottom of page 2 been voted be closed. upon? Mr. CANNON. I desire to modify my amendment, and hope The SPEAKER~ That has been adopted by the House. If we may have a. vote. there is no furthe1· amendment to section 2, the Clerk will read. The SPEAKER. The gentleman can ask for the previous ques­ The Clerk read as follows-: tion at any time. 'The Clerk will report the amendment as now SEC. 3. That the accounting officers of the Treasury ba, and th~y are offered by the g-entleman from lllinois [Mr. CANNON]. hereby, authorized to continue for a period of three months any allotments The Clerk read as follows: which may have been made in favor of any relative of the degrees heroin­ before enumerated by any of the officers and men atta.chod to the U.S. '. Strike out all of ection 1, after the word "to," in line 10, and insert in lieu Maine who lost their lives in or in consequence o! the disaster to that vessel: thereof the word "twelvemonths' sea pay, without rations, of the grade or Prod,ded, That the amount of the allotments so continued hall be deducted rating held by such person at the time t.he losses were incurred." from the amount of twelve months' sea pay allowed to such beneficiaries by Mr. BOUTELLE of Maine. Mr. Speaker, I ask for a vote on virtue of this act for their relief. SEC. 4. That the relief granted by the provisions of this ac,-t hall be deemed the amendment. and taken to be in full compensation for and in satisfaction of any and all The amendment was rejected. claims whatsoever on account of losse or death by the de tructiou of the Mr. BOUTELLE of Maine. With the view to expediting the U. S. S. Maine on the part of the "beneficiaries hereinbefore designated ex­ cept as to any rights of pension under existing law; and the methods of p~ ­ action on this bill, as other business is waiting, 1 ask unanimous senting and establishing said .claims hereinbefore pre-cribed shall be .fol­ consent that any gentleman who desires to offer an amendment lowed in lieu of those prescribed by t.ho acts or parts of acts .heretofore to the bill send it up and let it be voted on witnout further d-e­ enacted relating to t.he presentation of similar claims. bate. Mr. BOUTELLE of Maine. It is moved by the committee to The SPEAKER. The gentleman asks unanimous consent that strike out all that has been read of section 4, and insert. all amendments hereafter offered be voted upon without debate. The SPEAKER. The Clerk will report the amendment. Is there objection? The Clerk read as follows: There was no objection. Strike out all of lines 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, of section 4, and insert the The SPEAKER. The gentleman also asks that any amendment following: to be offered be sent up. Without objection, that will be done. That the relief granted by the provisions of this act shall be in full satis­ faction of any and all c1a.ims whatever on account of losses or death by the Mr. BOUTELLE of Maine. I suggest, Mr. Speaker, that the destruction of the U. S. 8 . .\faine,· and any claim which shall be pre anted Clerk proceed with the reading of the bill. and acted upon under the authority of this act shall be beld to be finally de­ Mr. LOUD. I move to amend section 2. termined and sha.ll not in any m nner thereafter be reopened, reconsidered, will 2. supplemented, nor be subject to appeal in any form; and the method of pre­ The SPEAKER. The Clerk read section senting and establishing said claims hereinbefore presented shall be followed The Clerk read as follows: in lieu of those pre.renOed by acts.or;a:ct.s of acts heretofore enacted relating SEc. 2. That the widow, child. or children, and in case there be not such, to the pre entation and allowance o similar claims: Pl·o-vided That nothing that the parent or parents, and if there be no parentJ the brothers and sis· herein shall affect the right of any of the beneficiaries under this act to any ters of the officers, enlisted men, and others who were wst in the destructi<>n pension to which they may be entitled under existing law after the expir~ of said vessel, or who have died within one year from date of the diEaster in tion of one year from said 15th day of February, 1898. consequence of injuries !eceived in the des~tction ol Mid ve el, sha~ be entitled to and shall rece1ve out of any money m the Treasury of the Uruted. .Mr. HANDY. Mr. Speaker, I desire to offer an amendment to States nat otherwise appropriated, to w-it, the relative, in the order named, the amendment. of the persons heretofore referred to, a sum equal to twel-ve months' sea pay The amendment of Mr. HANDY to the amendment wa.a read:, as .of th~ grade or rating ol each person deceased ru; afor~d: Prot;ided, That tlle legal representatives of the deceased persons herembefore reterred to follows: shall also be -paid from the Treasury of the United States any arrears of pay Insert in line 12, page {, after the word "whatever," the words "aga.jnst 4lue the deceased at the time of thell' death. the United States." b •' ~I

1898. CONGRESSIONAL RECORD-HOUSE. 3041

Mr. BOUTELLE of Maine. On behalf of the committee, that Honse, not the unfinished business of the Committee of the Whole. amendment is accepted. There is one bill that has been acted on in Committee of the Whole Mr. CANNON. Is that on the amendment to the amendment? and has been put on the Calendar of Unfinished Business, and that The SPEAKER. It proposes to amend the portion proposed.to is the unfinished business that the rule speaks of. The rule pro­ be inserted, in lien of what is proposed to be stricken out. The vides, if I quote it correctly, and I think I can, that after the un­ Clerk will report the amendment proposed by the gentleman from finished business shall be disposed of on Friday it shall then be in Delaware. order to entertain a motion to go into Committee of the Whole on The Clerk read as follows: the Private Calendar. There is nothing that has changed the rule On page 4, line 12, after the word "whatever," insert the words "against in the order that was made. The order that was made in respect the United States." to the two Claims Committees simply assigned each of them a par­ The amendment to the amendment was agreed to. ticular day. Mr. HANDY. Now, Mr. Speaker, I offer another amendment, Mr. DOCKERY. Let me suggest to my friend that any other to make that amendment consistent. construction by the Speaker would forbid the possibility of con­ The Clerk read as follows: cluding unfinished business on every Friday. In line U, page 4:, after the word "claim," insert the words "against the Mr. UPDEGRAFF. I think there is not a particle of doubt United States." about it. Mr. BOUTELLE of Maine. I accept the amendment. Mr. LOUD. I do not think there is any doubt about what was The SPEAKER. The question is on agreeing to the amendment the intent of the Honse when consent was given. I think, so far of the gentleman from Delaware. as I am concerned, gentlemen around me thought that each alter­ The amendment was agreed to. nate Friday was to be given to the Committee on Claims; and if The SPEAKER. The question now is on agreeing to the amend- the unfinished business were to come over from the War Claims ment as amended. Committee, it could readily take up the whole day of the Commit­ The amendment as amended was agreed to. tee on Claims. The reading of the bill was resumed and concluded. The SPEAKER. The difficulty about the matter arises f1·om The bill was ordered to be engrossed for a third reading; and he­ the fact that the language used in the resolution only contem· ing engrossed, it was accordinEl~ead the third time, and passed. plates two different kinds of private bills which are to be consid­ On motion of Mr. BOUTE of Maine, a motion to recon- ered by the Honse and by the committee, namely, those of war sider the vote by which the bill wa-s passed was laid on the table. claims and other claims of a private nature. Mr. WALKER of Massachusetts. General claims. CONTESTED ELECTION-RICHARD A. WISE AGAINST WU.LIAM A. The SPEAKER. General claims. It takes no account of pen· YOUNG. sions or of bills from the Committee on Military Affairs, and Mr. MESICK. Mr. Speaker, I desire to submit the report from simply provides how these reports shall have precedence. The the Committee on Elections No.3 in the contested-election case of reports from the Committee on Private Claims shall have preced­ Richard A. Wise against William A. Y onng. I also wish to say ence on certain days over war claims, and war cl.aim.s over pri­ that it is agreed by the members of the committee that the minor­ vate claims on certain other days. Hence it must refer to action ity have leave to file their views in ten days. in committee: othe1·wise we are in no way enabled to take up pen· The SPEAKER. The gentleman presents the report of the sion claims all through the day. That seems to the Chair to be committee, the title of which will be read to the House. the crucial test, although the first impression was the other way. The Clerk read as follows: Therefore the Clerk will report the bills. Contested-election case of Richard A. Wise against William A. Young. CLA..Il1S REPORTE.D BY ACCOUNTING OFFICERS. The SPE.AKER. The gentleman asks that the views of the The Clerk read Honse bill 1969, a bill for the allowance of cer­ minority may be filed within ten days. Is there objection? [After tain claims reported by the accounting officers of the United apanse.J The Chair hears none. States Treasury Department, which has previously been printed_. ORDER OF BUSL'iESS. Mr. EVANS. Mr. Speaker, I ask for the previous question. Mr. BRUMM. I move that the Honse resolve itself into Com­ The previous question was ordered. mittee of the Whole. 'fhe committee amendment was agreed to. The SPEAKER. The gentleman fl'om Pennsylvania moves The bill as amended was ordered to be engrossed and read a third that the Honse resolve itself into Committee of the Whole Honse time; and being engrossed, it was read the third time, and passed. for the purpose of considering bills reported from the Committee On motion of Mr. EVANS, a motion to reconsider the vote by on Claims. which the bill was passed was laid on the table. Mr. UPDEGRAFF. I think, Mr. Speaker, unfinished business STERL:lliG P. AUSTIN. is next in order. I think there is nothing changing the order of The next unfinished business was Senate bill 1232, an act for the business. relief of the heirs of Sterling P. Austin, deceased. The SPEAKER. This is a special arrangement by the Honse The bill, which has previously been printed, was read by the that bills should be taken up which are reported from the Com­ Clerk. mittee on Claims. Mr. UPDEGRAFF. Mr. Speaker, I ask for the previous ques­ Mr. UPDEGRAFF. I think the order was simply that the busi­ tion. ness from the Committee on Claims should have precedence over The previous question was ordered. business from the Committee on War Claims. The bill was ordered to be read a third time; and being read a Mr. DALZELL. Oh, no. third time, was passed. · Mr. UPDEGRAFF. There isnothing in theorderthatchanges On motionof Mr. UPDEGRAFF,amotion toreconsiderthevote the ordinary order of business, and the motion to go into Com­ whereby the bill was passed was laid on the table. mittee of the Whole on Friday is only in order after disposing of Mr. BRUMM. Mr. Speaker, I now renew my motion that the unfinished business. House go into Committee of the Whole House for the consideration Mr. DALZELL. Mr. Speaker, the gentleman from Iowa is con­ of bills reported by the Committee on Claims. fusing two orders. The motion was agreed to. Mr. UPDEGRAFF. I think not. The Honse accordingly resolved itself into Committee of the Mr. DALZELL. There was an order made On Thursday that Whole (Mr. PAYNE in the chaii:) for the purpose of considering Monday be substituted for Friday, even to the extent of the Fri­ bills reported from the Committee on Claims. day-night session. The CHAIRMAN. . The House is now in Committee of the . Mr. BRUMM. That is correct. Whole Honse for the purpose of considering bills reported from Mr. UPDEGRAFF. That is all very true. There is nothing the Committee on Claims. The Clerk will repol't the first bill. in the order, however, that changes the order of business. Mr. BRUMM. Mr. Speaker, I understand that there is an un­ ISAAC P. TICE. finished matter, which was passed in the Committee of the Whole, The Clerk read as follows: on which the previous question is agreed to be asked for. It will Be it enacted, etc., That jurisdiction is hereby conferred upon the Court take less time to dispose of it in that way than to discuss it. of Claims to retry and determine according to law and in eqmty the case of The SPEAKER. Does the gentleman withdrpw his motion? the administrators of ls3.ac P. Tice, decea-sed, agairu;t the United States, decided by the Supreme Court at the October term, 1878, and also to try and Mr. BRUMM. No, Mr. Speaker; I am simpl) saying that I do determine according to law and in equity the claims of said Tice and others not desire to antagonize the gentleman's position. It will take for money collected on account of the Tice meters, but not paid over to him more time to do that than to acqniesye in it. or them under the reg'U}ations of the Treasury, or based on contract with the United States; and-that in ~aid retrial and trials the statute of limita· · The SPEAKER. The Chair thinks the intention of the Honse tions shall not be available to the United States against the rights and claims was to give alternate Fridays for the consideration of reports from of the estate of said Tice and others: Provided, however, That on the retrials the different committees; but the Chair will hear the gentleman. or trials of said cases the United States or the claimant Dr claimants may offer in evidence any evidence given and filed in the prior trial, inclu{}ing the Mr. UPDEGRAFF. The regular order of business would be depositions of witnesses now on file in the Court of Claims or on the files of the unfinished business; that is, the unfinished business of the any of tm committees of Congress in relation to the aforesaid matter, whiab XXXI-191 3042 .CONGRESSIONAL RECORD-HOUSE. MARon 21, may be introduced as evidence in case of the death or disability: of the depo­ to recover a judgment for the meters then on hand. An appeal nents, together with such other material evidence as the Umted States or the claimant or claimants may wish to introduce; and the court shall render was taken to the Supreme Court of the United States. I have its judgment in favor of the administrators of said Tice, or in favor of the here both the decision of the Court of Claims and the decision of other persons or their estat-es, for such sums as may be found to be due and the Supreme Court. unpaid to said Tice or others on any of said accounts; and the amonnt of money necessary to pay any judgment or jud~entsthat maybe so rendered The Supreme Court overruled the decision of the Court of is hereby appropriated, out of any moneys m the 'l'reasury not otherwise Claims as to the law, holding that the act of 1868, changing the appropriated: Provided fu rther, Thateitherpartyma.yappeal tothe Supreme law of 1867, gave to the Commissioner of Internal Revenue full Court of the United States from the judgment of the sa1d court. authority to make another contract; that the contract which the The committee amendments were read, as follows: Commissioner made, continuing the old contract of 1867, was Online 4, after the word "and," strike out the word "in." practically in full effect; but the Supreme Court also held that On line 8, after the word "and," strike out the word ''in." the showing of the claimants that there were fourteen of the On lines 17 and 18 strike out the word "including" and Insert in lieu thereof the words "and also." meters· in use on the 8th of June, 1871, was not sufficient evidence On line 23, after the word "introduce," insert the following: to enable them to recover a judgment on the contract, because "Provided, howeve1·, That all such evidence and depositions, allowed as the suspension of the contract in June, 1870, made it obligatory aforesaid, shall be subject to all other legal objections.' Strike out, after the word "accounts," on line ZT, the words "and the upon the claimants to show that the meters were on hand on the amount of money necessary to :pay any judgment or jud~ents that may be 8th of June, 1870, instead of June 8, 1871. so rendered is hereby appropriated out of any moneys m the Treasury not As will thus be seen, the Supreme Court of the United States otherwise appropriated." held with the claimants so far as their right to recover under the Mr. BRUMM. Mr. Chairman, the report is quite lengthy, and law was concerned, but held also that the evidence was not suffi­ as my colleague, Mr. GRAFF, made the report, I surrender charge cient to enable them to recover at that time for meters on h'and. of the time to him. The claimants then proceeded before Congress and obtauied a Mr. GRAFF. Mr. Chairman, the facts of this case are these: favorable report from the Committee on Claims in the Forty­ Mr. Tice, now deceased, was the patentee of a meter for the pur­ seventh Congress; also the same committee in the Fiftieth, the pose of ganging spirits and enabling the Government to collect Fifty-first, the Fifty-fourth, and the Fifty-fifth Congresses re­ the revenue tax for the manufacture of spirituous liquors. On ported favorably, and a number of committees in the Senate have March 18, 1867, Congress passed an act to authorize the Secretary also reported favorably on the bill. of the Treasury to select and procure proper meters for the pur- The provisions of the bill simply provide for re-referring this ·pose of measuring spirits, and he was authorized by this law of case to the Court of Claims, enabling the court not only to decide 1867 to contract for such meters so selected by him and compel whether the estate of Isaac P. Tice shall be entitled to damages distillers to use these meters. under these contracts, but also enabling the court to find out who The facts show that the Tice meter was the best known at that is legally entitled t.o t.he moneys now in the hands of the Govern­ time; that it was an automatic instrument which measured cor­ ment which have been collected for these various meters from the rectly both the proof and the quantity of spirits manufactured; distilleries and which have not been disbursed; and also enabling that in pursuance of the act of March 18, 1867, qn April17, 186i, the court, if the evidence should justify it, to give to the estate of the Secretary of the Treasury entered into a contract with Isaac Isaac P. 'fice, or any others entitled thereto, damages equivalent P. Tice by which he was authorized to manufacture these meters to the price of the meters on hand J nne 8, 1870. for the use of distillers, and in that contract it was provided that The bill also provides that the evidence which was heard before the Secretary of the Treasury could at any time abrogate the by the Court of Claims may be reheard upon the new trial, subject contract, and at the time he did so the Government should pay to all other legal objections. It enables the claimants to go before Mr. Ticethepriceofthemeters then on hand, not exceeding twenty this court and prove their claim, if they are able to prove it. in number. Those are the facts of the case in a nutshell. The contract went on until February 3, 1868, when CongreEs Mr. DINGLEY. This, as I understand, is a claim under a con­ passed a resolution changing the law of 1867 by authorizing the tract? Commissioner of Internal Revenue to make these contracts instead Mr. GRAFF. Yes, sir. of the Secretary of the Treasury. Under the contract of 1867, the Mr. DINGLEY. Therefore the claimant could have brought first contract made, it was provided that instead of ihe distillers, his suit in the Court of Claims? who were compelled to use the meters, paying Mr. Tice, they were Mr. GRAFF. Yes, sir. compelled to deposit the price of the meter with the various col­ Mr. DINGLEY. And he has so brought suit? lectors of internal revenue throughout tl;le United Stat.es. Mr. GRAFF. Yes, sir. · When the resolution of 1868 was passed, changing the party Mr. DINGLEY. And the court has held against him? who represented the United States authorized to make the con­ Mr. GRAFF. No, sir. The Court of Claims held that the claim· tract from the Secretary of the Treasury to the Commissioner of ants had no legal right under the contract; but the Supreme Court Internal Revenue, the provisions of the contract were changed in held that the contract was in full force and effect. this respept only in that the price of the meters was to be de­ Mr. DINGLEY. He did not prove his claim. posited by the distiller with the Commissioner of Internal Revenue Mr. GRAFF. He did not prove his claim, because there was a instead of the collectors of the various revenue districts; but the technical difficulty about proving that the meters were on hand provision remained the same in the contract made in 1868 by ihe at a certain date. For instance, the fact was established that a Commissioner of Internal Revenue as it did in the contracts of certain number of meters were on hand on the 8th of June, 1871, 1867 so far as it appertained to the Government being obliged, when the contract was finally abrogated; but the Supreme Court when they abrogated the contract, to pay to Tice for the meters held that the claimants would be compelled to show that the then on hand not exceeding twenty. meters were on hand on the 8th of June, 1870-a year before. June 8, 1870, the Commissioner of Internal Revenue, under the This bill provides by its terms that these cla.imants shall have authority which he had under the contract, suspended the con­ only the right to go before the Court of Claims and recover under tract, but continued afterwards to use the meters to some exte.nt. the provisions of the law as laid down as the decision of the Su­ In 1871 he not only suspended the contrad, but totally abrogated preme Court. it, so it ceased to be in operation. After that, in 1873. two years Mr. DINGLEY. What I do not quite understand is this: Thjs after the final abrogation of the contract, Mr. Tice died. He had being a claim against the Government of the United States under his claim in the hands of a well-known New York lawyer, who a contract, and the courts being open to the claimant, I do not had in hand the evidence in the claim, but who about this time understand why the court has not determined the claim, and why, reached such a mental condition that he was incapable of acting there having been an appeal to the Supreme Court, the decision as attorney for the claimant. He was taken to a sanitarium, and of the Supreme Court has not settled the matter. in the meantime an administrator was appointed for the estate of Mr. GRAFF. The difficulty was not because of any invalidity Isaac Tice. in the contract, but because of difficulties ·placed in the way of The claim was presented in the Court of Claims against the Gov­ the claimants at that time, with Isaac P. Tice just dead, and the ernment by the estate of Tice. At the time this claim was presented attorney who had the papers in his possession being in such a. the members of the House will remember that the attorney in state of mind and body that he could render the claimants no as­ whose hands the claims were and who had the special knowledge sistance. alone was is such a condition that he could give no information as Mr. DINGLEY. Is there any communication from the Com- to the proper evidence for the claimant to introduce in the Court missioner of Internal Revenue showing the facts? of Claims. The widow of Tice did the best she could, and went Mr. GRAFF. Yes, sir; that is embraced in the report. before the Court of Claims, and the Court of Claims held that the l\1r. DINGLEY. He raises no question as to the facts? act of 1868 repealed the law of 1 -·G7 and abrogated the contract Mr. GRAFF. No, sir; and so far as the facts are concerned, it made in 1867 and failed to give the Commissioner of Internal Reve­ will be necessary for the claimants to establish them or they will nue the authority to make a new contract. not be able to recover. So far as the validity of the contract is In other words, they held that the last contract for meters made concerned, that has been already determined by the Supreme by the Commissioner of Internal Revenue was without authority, Court of the United States. · and therefore that the estate of Isaac P. Tice had no claim in law It went before the Court of Claims just after the death of the 1898. OONGRESSIONAL RECORD-HOUSE. 3043 claimant himself. The claimant had no relatives except his HEIRS OF JOHN ROACH, DECEASED. widow. She was the administratrix of, the estate. The lawyer The next business was the bill (H. R. 628) to pay the heirs of who had charge of her claim had suddenly gotten into snch a con­ the late John Roach, deceased, $330·, L51.42 for labor and material, dition that he had to be taken to a sanitarium, and the papers in dockage and detention, and occupation of yards and shops for the the case were not then obtainable by the parties whom she was gunboats Chicago, Boston, and Atlanta. compelled suddenly to employ for the purpose of attempting to The bill was read, as follows: protect her rights. Since that time the lawyer has entirely re­ Be it enacted, etc., That to carry out the provisions of the act making ap­ covered, and he has now placed in her hands the evi~ence with propriations for the naval service for the fiscal year ending June 30,1884 which she thinks she can successfully prosecute her claun. (22 Statutes page 477), to pay to the legal representatives of John Roach, de· c.eased out 'or any money in the Treasury not otherwise appropriated, the The Supreme Court overruled the decision of the Co~t. of Cla~ms sum of ~,15U2, for labor and :r;naterial. and dockage furnished by ~id as to the validity of the contract. That w:as the prmCipal thmg Roach and detention and occupation of hlS yards and shops by the Umted in the discussion before the Court of Clmms, but the Supreme States' for the gunboats Chicago, B oston, and Atlanta, which sum is in full Court held that the evidence of the claimant, which showed con­ and final settlement of all claims and damages betwe.en the United States and said le~al representatives of John Roach, deceased, growing out of the con­ clnsi vely that there were fourteen meters on hand June 8, 1871, struction of sa.id vessels. was not sufficient because they held that while the contract was The Committee on Claims recommended the following amend­ suspended onJun~ 8,1870, and abrogated in 1871, thevitalque~tion ment: was What was the number of meters on hand the year preVIous, In line 6 after the word "seventy-seven," insert "the Secretary of the on June 8 1870? Now, this bill provides that this case shall be Treasury ~. and he is hereby, authorized a.nd directed." tried in p~suance of the principles laid down by that Supreme Mr. BRUMM. Mr. Chairman, I move to substitute the Senate Court decision, and refers to it. bill, which is identical with this with the exception of the amend­ Mr. EVANS. May I ask the gentleman a question? ment just read. Mr. GRAFF. Yes. The CHAIRMAN. The gentleman from Pennsylvania rM.r. Mr. EVANS. What was the value of the meters on hand? BRUMM] asks unanimous consent to substitute the Senate bill. Mr. GRAFF. The meters differed in value. They ranged from Mr. BARTLETT. I object. $500 to $800. I will say further, with regard to the merits of these The CHAIRMAN. Objection is made. meters, that they increased the revenues of the Government very Mr. BRUMM. I think I have the right to make that motion. materially. Why does the gentleman object? Mr. EVANS. That is a very grave question. They were not Mr. BARTLETT. I exercise my right as a member to object. regarded as a success. I do not think this claim ought to be paid, and I am going to ex- • Mr. GRAFF. I will say that I think the gentleman from Ken­ ercise all the rights I have to object to it. tucky will admit that meters could not b~ purchased excep~ by Mr. STURTEVANT. Gentlemen have got their claim for buying the meters. They could not be bnbed; and at that trme, Nashville, and they do not care about other honest claims. you know, the internal-revenue laws were not perfected as they Mr. RICHARDSON. The gentleman from Georgia [Mr. BART· are now. LETT] does not live in Tennessee, or as near Tennessee as the gen­ Mr. EVANS. If I understand this bill, it has two objects­ tleman from Pennsylvania. first to have a readjudication of these questions, so far as they · Mr. BARTLETT. Andirepelanysuchinsinuation. Ihaveno gre~ out of money paid by distillers to the United States for the claim, and if I had, that suggestion is unworthy to be made upon benefit of the patentee- this floor by any gentleman, and I repel it. It is absolutely with· . Mr. GRAFF. Yes; and money now in the hands of the Gov- out foundation and absolutely false. I would not do that. ernment. Mr. BRUMM. I have made the motion to substitute. Mr. EVANS. Have you any idea how much money that is? Mr. COX. I think the gentleman has a right to do that. Mr. GRAFF. I can not say. The CHAIRMAN. The difficulty is whether it is not necessary Mr. EVANS. And then, secondly- to dispose of the House bill first. Mr. GRAFF. It is certain that we can not recover any more Mr. GROSVENOR. Why not move to postpone the considera­ than we can prove, and the Government has in its own possession tion of it? what we have not. The Government has, to a cent, an account Mr. BRUMM. I withdraw my former motion and move to of every dollar that has ever been paid in which has not been paid postpone the consideration of the House bill. out again to Mr. Tice and his representatives. Mr. COX. Has not the gentleman from Pennsylvania an abso­ Mr. EVANS. I was about to say the bill has two objects. lute right to move to substitute the Senat-e bill in place of the First, it gives jurisdiction to the Cou!t of Claims t_o pass on the House bill? questions that grew out of the collection by the Umted States of The CHAIRMAN. The Chair thinks not. money for the benefit of the patentee. Mr. COX. I mean to move to tak~ it up in lieu of the House Mr. GRAFF. Yes. bill. Mr. EVANS. And then in addition to that-- The CH..llRMAN. This bill having been called up for consid­ Mr. GRAFF. The number of meters on hand in pursuance of eration, the Chair thinks it must be disposed of. the contract. Mr. BARTLETT. I call for the reading of the report on this · Mr. EVANS. And in addition to that it gives the Court of bill. Claims jurisdiction to try the question, as based on contract with Mr. BRUMM. I move to postpone the consideration of this bill the United States. for one week. -Mr. GRAFF. Yes. Mr. BARTLETT. I rise to a point of order. This bill having Mr. EVANS. Now, if I understand yon, the Court of Claims been read and being under consideration, I ask that the report of took one view of the contract rights of the parties and the Su­ the committee be now read. preme Court took another. The CHAIRMAN. There is a prior motion. The gentleman Mr. GRAFF. Yes. from Pennsylvania [Mr. BRUMM] has moved that the considera­ Mr. EVANS. But that the patentee has in fact had his day in tion of this bill be postpo!led for one week. court. Mr. BR Ul\11\f. I will make the motion that it be postponed Mr. GRAFF. He had his day in court- until one week from next Friday. Mr. EVANS. But by reason of this unavoidable accident to his The motion was agreed to. attorney-- Mr. BRUMM. Now I move that we take up the billS. 1116. Mr. GRAFF. The claimant had died, and there was no one Mr. BARTLETT. Can that be done except by unanimous con- there except his widow. Her lawyer had been unfortunate, and sent? she was in a position where she could not make the proof. 'l'he CHAIRMAN. Oh, yes; that can be done. If no other gentleman desii·es to ask a question, ~ move that the :Mr. BRUMM. You did it in the Methodist book bill case. bill be laid aside to be reported to the House With a favorable Mr. BARTLETT. All right. I had nothing to do with the recommendation as amended. Methodist book case. The CHAIRMAN. The first question is on agreeing to the Mr. BRUMM. I am citing the precedent to you. amendments reported from the committee. The CHAIRMAN. The question is on the motion of the gentle- The amendmentsrecommended bythecommitteewereagreedto. man from Pennsylvania. Mr. DINGLEY. I understand this motion covers all the amend- The question being taken, Mr. BARTLETT demanded a division. ments recommended by the committee. · The committE:e divide¢l; and .there were-ayes 56, noes 2. The CHAIRMAN. Yes. The amendments are agreed to. The Mr. BARTLETT. I raise ~he point of no qno.rum. qnes.tion ?OW is upon laying the bill ~side to be reported to the Mr. BARTLETT subsequently withdrew the point. House With a favorable recommendatiOn as amended. Accordingly the motion to take up Senate bill1116 was agreed to. The motion was agreed to. _ . The bill was read, as follows: Accordingly the bill as amended was ordered to be laid aside to Be it enacted, etc., That to carry out the provisions of the act making ap~ be reported to the Honse with ~ favora~le re~omme~da~on. propriations for the naval service for the fiScal year ending June 30,188i (21 3044 CONGRESSIONAL RECORD-HOUSE. MARcH 21,

Statutes, :page 4:77), to :pay to the legal re:presentatives of John Roach, de­ The charge, as made by the executors of John Roach, for occu:pation by the ceased, out of any money in the Treasury not otherwise a:p:pro:priated, the Chicago is thirteen months, instead of fifteen months and twenty-two da-ys. sum of ~V51.~2for labor and materialanddockagefurnished by said Roach and detention and occu:pation of his yards and sho:ps by the United States for BOSTON. the gunboats (Jkicago, Boston, and Atlanta, which sum is in full and final set­ The time consumed in com:pleting the Boston at the Delaware Iron Ship­ tlement of all claims-and damages between the Unit.ed States and said legal building and Engine Works by the Government was twelve months and representatives of John Roach, deceased, growing ont of the construction of twenty-two days (from August 6, 1885, to A ugnst 28, 1886). Qointard and srud vessels. Weed, in their affidavits, state that this vessel could and shou1d have been Mr. MINOR. The gentleman from Missouri is a member of the com:pleted in four months, leaving for occu:pation o! :premises by the Boston committee and desires now to submit a statement to the House. eight months and twenty-two day . The charge of thirteen months for the Boston for occn:pation of the yard is The CHAIRMAN. The Chair will recognize the gentleman. made because the whole yard was occu:pied by the Chicago, and by this the Mr~ ROBB. Mr. Chairman, I desire to call for the reading of ex:pense is divided equally between the two yessels. the report, and in doing so to state that, while there is no minority On the 30th of June, 1885 (see Annual Report of Secretary of the Navy, De­ cember1 18851 Pflge 318), the Attorney-q.eneral rendered to the Secretary of the report, the committee is not unanimous in favor of thls bill. Navy his o:prmon that the contract w1th John Roach for the construction of The CHAIRMAN. The Chair understands that there is a House the dispatch boat Dolphin was null and void (although at that date Roach bill and a Senate bill. The report of the Senate bill is very brief. had substantially completed her)._ on the ground that the contractor was not required by the contract to furnish a s:peed of 15 knots irrea:pective of the Is it that which the gentleman desires to have read, or the report drawings ~bed by the United States; and further, that suit should be on the House bill? brought to recover from him the installments, ~.OOJ, received by him from Mr. ROBB. The report of the House committee. time to time on the Dolphin. The gist of this o:pimon was that he was bound to furnish a certain speed Mr. BRUMM. I think the House report ought to be read. and at the same time to comply with drawin~ which he neither furnished Mr. MINOR. The Senate bill is being considered.. Is it not nor controlled. Because this contract :proVIded relief for the contractor proper that the Senate report should be considered with it, and from the a:peed :provisions in case the defect WM in the drawings, because the contract did not im:pose u:pon the contractor the :penalty for the failures that that report be read to the House instead of the House report? of the United States, the Attorney-General thought the contract was void The CHAIRMAN. Just whatever the gentleman from Mis­ from the beginning. souri cans for in his time. The Clerk will read the report. The :promulgation of this o:pinion on the 12th of .Tuly, 1885, im:paired and destroyed John Roach's financial credit, and inflicted on him such financial The report (by Mr. MINOR) was read, as follows: embarrassment that he became unable to continue and com:plete the cruisers The Committee on Claims, towhom was referred the bill (H. R. 628) for the Atlanta, Boston, and Chicago. relief of the heirs of the late John Roach, deceased1..for labor and material, And on this account John Roach made an assignment to ililorge W. Qnin· dockage and detention, and occn:pa.tion of yards ana sho:ps for the gunboats tard and George E. Weed for the benefit of his creditors on the 18th of July. ChiCOfJ.O, Boston, and Atlanta, have had the same under consideration and 1885. The works at New York employed 1,500 men, the shi:pyard at Chester snbJIDt the following report: 3,000 men, and the rolling mills and furnaces connected with these works em­ Your committee are of o:pinionthatthefactssetforthin Senate Re:portNo. ployed 800 men. All of these vast works were closed for over four months • S6, Fifty-fifth Congress, first session, are correctly stated, and adopt the same by the enforced idleness cansed by the action of the Government. as their report, and recommend that the said bill be amended by adding in The works at Chester were ca:pa.ble of :producing ten large-class steamers line 6, after the word "seventy-seven," the words "the Secretary of the per year, or over 28,00) tons :per year, and were valued at $1,00>,000, and the Treasury be, and he is hereby, authorized and directed," and as amended the furnaces alone for making the iron for the shi:ps cost $250,000. (See United billdo:p~ States Census Report for 1880.) [Senate Report No. 86, Fifty-fifth Congress, first session.] The Morgan Iron Works at New York were valued at $'i02;00J, and they The Committee on Claims, to whom was referred the bill (S. 1116) to :pay to were all ke:pt in enforced idleness by the Government. the heirs of the late John Roach, deceased, $330,lbl.42 for labor and material, John Roach died in the city of New York on the lOth day of January1 1887. dockage and detention, and occupation of yards and sho:ps for the gunboats The said Qnintard and Weed as assignees as aforesaid\ have :practically Ckicago, Boston, and Atlanta, ha. ving considered the same, submit the follow­ execnted and completed the trnsts vested in them by the sa1d general assign· ing report: ment, and have heretofore duly transferred and conveyed to the executors This claim was favorably re:ported by the Committee on Claims during the the assigned estate of the said John Roach, deceased, including the claim and first session of the Fifty-fourth Congress, and :passed the Senate during the demand herein set forth, ~d the executors aforesaid are now the lawful second session. The 1·eport of that Congress (Senate Re:port No. 75i) fully owners and holders thereof. sets forth the facts in the claim. and your committee ado:pt that report and After the execution of the assignment for the benefit of creditors above recommend the passage of the bill. mentioned, and on or about the 6th day of August, 1885, the Secretary of the Navy declared each one of the said three contracts forfeited, and declared [Senate Report No. 754, Fifty-fourth Congress, first session.] that the rights of the United States under each of the same, and especially Mr. BURROWS, from the Committee on Claims, submitted the following re­ under the eleventh, twelft.h, and thirteenth clauses of each of the said con­ port, to accom:pany S. 1181: tracts, were operative, and gave notice of their intention in res:pect to the The Committee on Claims, to whom was referred Senate billll81, have con­ cruiser referred to therein to proceed to com:plete the same, and took charge sidered the same and res:pectfnllf report as follows: of each of the said three cruisers and their machinery, with the materials and John Roach, on the 23d day o July, 1883-r entered into three several con­ fittinoas constructed, furnished, or on band for the :purpose of their construc­ tracts with the United States, represeutea by William E. Chandler, Secre­ tion, and requh·ed and received from the said John Roach tho surrender of tary of the Navy, for the construction of three steam cruisers, the Atlanta the same and of the said two shi:pyards, and all their a:ppliances and ap:pur­ and Boston, 3,00) tons dis:placement each, and the Chicago, 4,500 tons, to be tenances, including the entire IJlant, as well at Chester, in the State of completed and ready for inspection and delivery on or before the expiration Pennsylvania, as in the city of New York, and all machinery, tools, and ap­ of eighteen months from the date of said contracts, co:pies of which are to be :pliances appertaining thereto at each of the said :places. found in Senate Executive Document No.l53, Forty-ninth Congress, first From the time of this forfeiture, Augnst_6, 1885, until the 21st of June, 1887. session, at :pages 14:!-157. the Morgan Iron Works at New York, its InaChine shop and wharves, re­ Under and pursuant to the said contracts John Roach duly and :prom:ptly mained under the control and custody of the Government, and the assignees commenced the construction of· each of the said three cruisers at the ship­ were not allowed to take any other work. yard of the Delaware River Iron Shi:pbuilding and Engine Works, whereof he Similarly from the 6th of August, 1885, until the 21st of June, 1887, the ship­ was the substantial owner, at Chester, in the State of Pennsylvania, and yard at Chester, with its whole :plant, machinery, tools, wharveaaud dock, thereafter, and until the 18th day of July,l885, faithfully :prosecuted the con- and appliances, remained in the custody and control of the United States struction of each of the said cruisers according to contract. . until June 21, 1887. The construction of the said cruiser Atlanta had practically been com­ But from and after this forfeiture and this declaration that the Govern· :pleted before the said 18th day of July,1885, exce:pt the fittings and machinery ment would complete the work, to wit, An gnat 6, 1885, until November 9,1885, thereof, and she had on the 17th of November, 18&!, been sent to New York no work was don&- or attempted by the Government, and no allowance for to be com:pleted at the ship_yard and machine shop owned by John Roo.ch, this delay is included in this bill. known as the Morgan Iron Work.'!, in the city of New York, and she was on These works were barred from takin~anyotherwork,and wereconducted the said 18th day of July, 1885, in all respects as to machinery and otherwise, and run solely for the benefit of the Umted States. nearly completed and ready for delivery. By the terms of each of the contracts (elause 1.3) it was :provided that in On that day the cruisers Boston and Chicago were still unfinhhed at the case the Secretary of the Navy should :proceed under the twelfth clause of Chester shi:pyard, the Boston being much further advanced toward com:ple­ said contract to com:plete the work, such :procedure should be without un· tion than the ChiCG!JO. necessary delay; bntLalthongh the said Secretary of the Navy did proceed Each and all of the said cruisers would have been duly and properly com­ to com:plete the worK, such procedure was not without nnnece sary delay, :pleted by John Roach within the time limited by the contracts, to wit, Janu­ but, on the contrary, was accompanied by ~at and unnecessary deJay in the ary 23, 1885; but various changes in the :plans and in the construction of each com:pletion of said work, caused wholly by the fault of the United States. of the said cruisers and its machinery and equipments and fittings were On the lOth of November, 1885, Commander Robeson, acting under the made by the United States, and a large amount of extra work was required instructions of the Secretary of the Navy, received the Dolphin at the Brook­ of the contractor in respect to each of them, which necessarily delayed the lyn Navy-Ya.rd, and never again was the destructive o:pinion of the Attorney­ completion thereof beyond the said 18th day of July, 1885, without any fault General cited by any o:tlic.er of the United States either as an exnosition of or neglect on the part of John Roach. law or as a ground for either action or inaction on the part of the United The Atlanta was com:pleted and removed from the Morgan Iron Works, SU\tes. Concernin~ the general excellence of the Dolphin the Secretary of New York, on June 28,1886. the Navy said, in his re:port of November 00, 1889 (:pa~ 6 and 7): The Boston was com:pleted and removed from the shipyard at Chester on •• The record of the Dolphin, which vessel began Wlth a speed of 15.1l.k:nots August 28, 1886. on her contract trial, and which has recently returned from a cruise aronnd The Chicago was com:plet~d and removed from the shipyard at Chester the world, is not less satisfactory. The results of the inspection of the vessel. June 21, 1887. after she has been three years and nine months in commission are reported ATLANTA.. by the board of inspection, under date of October 2, 1 9\ as follows: The time consumed in completing the Atlanta at the Mor~n Iron Works '''The material used in the construction of this vessel and the workman· by the Government was ten months and twenty-two days (from August 6, ship speak well for the designers and the builders. Aside from the slight 1885, to June 28, 1886). Quintard and Weed, in their affidavits, state that this repairs to her bearings, she is ready for another cruise. By the most liberal vessel could and should have been com:pleted in four months, leaving for oc­ estimates the work in the construction de:partment can be done inside of a cupation of :premises by Atlanta six months and twenty-two days. month. This, the first of the new Navy, makes a s:plendid showing for &truc­ Tho charge, as made by the executors of John Roach, for occupation by tural strength, fine material, and good care.' the Atlanta is five months instead of six months and twenty-days. "Her captain re:ports that she can average U knots an hour for any length of time, and under favorable circumstances she can run 16 at sea. CHICAGO. "In the course of her cruise the Dolphfn bas run 58,000 miles in twenty The time consumed in com:pleting the Chicago at the Delaware Iron Shi:p­ months, and has been under steam nine thousand hours. In this :prolongea bnilding and Engine Works by the Government was twenty-two months and run she has been stopped for repairs-but once and then for only two hours. fourteen days (from Augnst6, 1885, to June 21,1887). Qnintard and Weed, in This performance is probably without a par3.Iiel in the history of naval ves­ their a:tlidavits, state that this vessel could and should have been completed sels, and bears conclusive testimony_to the biah skill of American artisans in seven mouths, leaving for occu:pation of :premises by the Chicago fifteen and the excellence of their work. Nor is it tfie less remarkable, in view of months and fourteen days. . the confident predictions with which, at the outset of her career, the official 1898. CONGRESSIONAL RECORD-HOUSE. 3045

condemnation of the vessel was somewhat prematurely pronounced by expert $1,417.50 was paid and expended for such insurance; and that during the nn· and inexpert judges. . . necessary delay in completing the said cruiser Boston, to wit, from the 28th "It is therefore proved by the test of actual crmsmg th~t the first modern day of March, 1886, to the 28th day of August, 1886, the sum of $2,588.50 was experiments of the Department have come clos~ to t~e highetrli staJ?-dard of prud and expended for such insurance; and that during the unnecessary de- speed which had been reached at the date of their design, and that m struc­ . lay in completing the said cruiser Chicago, to wit, from the ~h day of MayJ tural strength, endurance, and workmanship they are not inferior to any­ 1&16, to the 21st day of June, 1881, the sum of $1,157.19 was pa1d and expendea thing now a.floa.t." for such insurance. The cruiser .Atlanta could and should, without unnecessary delay\ have The said several sums paid for insurance amount in all to $11,163.19, and been completed by the United States on the 28th day of January, 1886, out in the said last-mentioned sum was :{laid by the United States and claimed by it fact by- reason of the unnecessary delay on the part of the United States in as a proper charg~ against the sa1d crmsers, and the same was withheld and the domg of said work, the same was not finished by the ~vernment nor retamed by the United States from the executors upon the settlement of the cruiser taken from the yard by the Government until the 28th day of accounts respecting the same as hereinafter mentioned. June, l&.'l6. No action has been had upon this claim, or upon any part thereof, by Con· The cruiser Boston could and should, without unnecessary dela¥, have gress or by any of the Departments of the United States Government. been completed by the U. nited States on the 1st day of .A.Pt1l• 18861 but~ fact, The several claims embraced herein were presented to the Secretary of by reason of the unnecessary delay on the part of the Umted States m the the Navy upon the settlement of the accounts concerning the three cruisers, doing of said work, the same was not finished by t;?e Government nor the Atlanta, Boston, and Chicago, hereinbefore mentioned; but he declined to cruiser taken from the yard by the Government until the 28th day of August, take any cognizance thereof, or any part ot the same, for the reason that he 1886. was not. in his judgment, authorized to pass upon or adjudicate such claims, And the cruiser Chicago could a.nd should, without unnecessary delay, and he settled and adjusted all the other matters in difference save those have been completed by the United States on the 20th day of May,1886, but hereinabove mentioned concerning said accounts without prejudice to the in fact. by reason of the unnecessary delay on the part of the United States right of the estate of John Roach "to apply for and receive such sum or in the doing of said work, the same was not finished by the Government nor sums as Congress or other proper tribunal might award or authorize to be the cruiser taken by the Government until the 21st day of J~ne, 1887. paid on account of such claims." During all of the time of said unnecessary delay the Umted States kept By reason of the facts aforesaid the estate of John Roach has suffered possession of the shipyard at Chest!3r, which was, at that time, one. of. t~e damages as follows, to wit: largest and best equipped shiP.yards m the country, and embraced Within It For withholding and detention of the said shipyard plant and its I a foundry, machine shop, boiler shop, pattern shop, blacksmith shop, and appurtenances at New York during the unnecessary delay in com- joiner shop, and all the usual offices, store buildings, riggers' lofts, etG., requi­ pleting said cruiser .Atlanta, the sum of. ______$33,010.{0 site for a first-class shipyard, and the same was a complete and thor~ughly For the amount of wages of the corps of men employed at New furnished shipyard in every particular, and had the best modern appliances York on said last-named cruiser------18,003.00 for every branch of its work, and the possession by the Government was ab­ For the amount of insurance premiums paid during the same delay solute and complete during the whole of the time of said unnecessary delay. on said cruiser the sum of. ______------· 1,417.50 The use of the plant and yard at Chester, with its tools, machinery, and Atlanta, equipment, together with the furnace and rolling mill, of which the Gov­ ernment so took and held possession., was worth the sum of $16,505.20 per TotaL------_------·--_------53,036.10 month, and for the time of said unnecessary delay, to wit, from May 20, 1886, For the withholding and detention aforesaid of the said shipyard to June 21,1887, the reasonable value of the use and occupation by the Gov­ plant and appurtenances at Chester during the unnecessary delay ernment was at least the SUll;l of $214,567.60. in completing the cruisers Boston and Chicago, the sum of ______214,567.60 The Boston and Chicago occupied the machine shop, boiler shop, plate shop, For the amount of wages of the corps of men employed at said foundry, joiner shop, w~rves, docks, shc~rs, and storehouses, als

~E;~~~:s=i~~~~~~:::::::::::::::::::::::::::::::::::::::~:::::::::::::::: i Total .. -----·-----·------····------.--·-·-·------·------·---- ?fl1, 114.00 Rtsum'J. ~1~f:~J~=~=\\j)~~_;:=(~~:~()~\\l\\i\~\~~\!~\l)!~~\i\!~~::\-~~~~d ~ 1~: ti;E~~~::::~::::::::::: :::::::::::::: ::::::::::::::::::::::~::: !: :: g In all .. ------·------·------_------330,150. '11 And the United States, under the terms of the several contracts, are law· TotaL------.. ------·------18 fully indebted to the estate of John Roach in the several sums hereinbefore The shipyard and machine shop of John Roach, known as the Morgan Iron mentioned, amounting in all to the sum of $300,150.71. Works of New York, occupied about one and one-half blocks of land, extend­ In August, 1890, a settlement was effected between the assignees of John ing from Avenue D east, to Ninth ~n~ Tenth streets, in tl).ecity of New York, with certam valuable wharfage privileges on the East R1ver, and there were Roach on. th~ one hand and tho Secret~ry of the Navy ~m the other of all upon t.he premises a thoroughly equipped engine and machine shop, with a matters of difference between the parties except the clann of the assignees large forge, having capn.city to do the largest work, such as propeller shafts for the prolonged use of the yards and shops of the contractor, the claim and crank shafts, together with a fully equipped machine shop, boiler shop, for the necessary outlay for the staff a.t each yard during the prolonged te~. and the insuran~ for t~e ~m~ ~eriod; and the Socretar¥ of the Navy pattern shop. founqrieR. office buil~ings, and stores, and had all I?eedful con­ demdmg that he was without JUriSdiction to pass unon and adJust said mat­ veniences for handling heavy machinery, and the cranes and derricks needful ters of difference, it was expressly stipulated that-=- for putting the heaviest machinery into vessels. 'Nothing in this release contained shall be construed to prejudice the The use of the plant and yard at New York, with its tools, machinery, and right of said assignees or of the estate of the party of the first part to apply equipment, of which the Government so took and held possession for the for and receive such sum or sums of money as Congress or the Court of .Atlanta, was worth $6,602.08 per month, and for the whole time of said un­ Claims or other proper tribunal may award or may authorize to be paid on necessary delay, to wit,Janup..ry 28,1886, to June 28,1886, the reasonable value account of such claims." of the use and occupation by the Government was at least the sum of 'rhe Richmond Locomotive Works, of Richmond, Va.., filed a claim in the $33,;910.40. Navy Department for losses on account of delay, caused by the acts of the 1ror the completion of the said cruisers two corps of men were necessarily Government, in building the engines of the Texas, and the Department has organized and employed as an office staff, one at the said shipyard at Chester, awarded them ,0!9.35, which amounted to 157 per day. In this allowance and one other at the said contractor's yard and machine shop in the city of they have allowed $8,740.24 for interest. New Ym·k, known as the Morgan Iron Works. The Committee on Naval Affairs have passed on the allowance and reconi· The compensation paid as wages to this corps of men at the said Morgan mended an appropriation in the deficiency bill for its payment. Theproprie· Iron Works amounted to the sum of $3,721.6! fc;>r each month, and for the tors of the locomotive works filed affidavits in the Department setting forth whole time of the unnecessary delay, to wit, January 28, 1886, to June 28, their loss. (See House Document No. 92, Fifty-fourth Congress, first session.) 1886, 18,608.20. Wherefore your committee recommend the passage of the bill. The compensation paid as wages to the corps of men at Chester amounted Your committee beg leave to submit herewith the memorial of John B. to the sum of $-!,061.64 for each month, and for the whole time of the unneces­ Roach and William F. McPherson, executors, etc. and also the affidavits of sary delay, to wit, May 20, 1886, to June 21, 1887, $52,801.32. 1 By each of the said contracts it was provided by the eighth clause thereof, George E. Weed and George W. Quintard, tow hiCll reference is made in con· which is identical in each of them, that the hull, machinery, and fittings em­ nection with and as a part of this report. braced in the contract, and all materials and appliances provided for or to be used in the construction thereof, should be ke:{lt duly insured, which insur­ ance should be renewed and increased from trme to time by and at the ex­ MEMORIAL OF JOHN B. ROACH AND WILLIA.ll F. M'PHERSON. pense of the contractor in an amount sufficient to cover all ad vance ;payments To the Senate and House of Representatives made under the contract, the loss, if any, to be stated in the policies as pay­ of the United States of .America in Congress assembled: able to the United States, and the insurance to be effected in such manner The memorial of John Baker Roach and William Futhey McPherson, exoo­ and in such companies as should be approved by the Secretary of the Navy. utors of the last will and testament of John Roach, deceased, respectfully During the unnecessary delay in completing_ the said cruiser Atlanta, to represents: . wit, from the 28th day of January to the 28th day of June, 1886, the sum of That John Roach, on the 23d day of July, 1883, entered into three several 3046 CONGRESSIONAL RECORD-HOUSE. MARolt 21, contracts with the United States. represented by William E. Chandler, Sec­ lyn Navy-Ya.rd, and never again was the destructive opinion of the Attorney­ x-etary of the Navy, for the construction of three steam cruisers to be com­ General cited by any officer of the United States, either as an exposition of pleted and ready for inspection and delivery on or before the expiration of law or as a ground for either action or inaction on the part of the United eighteen months from the date of said contracts, copies of which are to be States. Concernin~ the general excellence of the Dolphin, the Secretary of found in Senate Executive Document N o.153, Forty-mnth Congress, first ses­ the Navy said, in his report of November 30, 1889 (pages 6 and 7): sion, at pages 144: to 157. The record of the Dolphin, which vessel began with a speed of 15.11 knots These cruisers were named. respectively, the Atlanta, Boston, and Chicago. on her contract trial, and which has recently returned from a cruise around The Atlanta and Boston \vere to have a displacement of 3,000 tons and the the world, is not less satisfactory. The results of the inspection of the ves­ Chicago a displacement of 4,500 tons. sel, after she has been three years and nine months in commission, are re­ Under and pursuant to the said contra.cts John Roach duly and promptly ported by the board of inspect10n, under date of October 2, I&l9,as follows: commenced the construction of each of the said three cruisers at the ship­ "The material used in the construction of this vessel and the workmanship yards of the Delaware River Iron Shipbuilding and Engine Works, whereof speak well for the designers and the builders. Aside from the sli~bt repairs he was the substantial owner, at Chester, in the State of Pennsylvania, and to her bearing!!, she is ready for another cruise. By the most liberal esti­ thereafter and until the 18th day of July, 1885, faithfully prosecuted the con­ mates the work in the construction department can be done inside of a month. struction of each of the said cruisers pursuant to the terms of the several This, the first of the new Navy, makes a splendid showing for structural contracts respecting the same. strength, fine material, and good care. The construction of the said cruiser Atlanta had practically been com­ "Her captain reports that she can average H knots an hour for any length pleted before the said 18th day of July, 1885, except the fittings and machin­ of time, and, under favorable circumstances, she can run 16 at sea. ery thereof, and she had on the 11th of November, 1884, been sent to New "In the course of her cruise the Dolphin has run 58,000 miles in twenty York to be completed at the shipyard and machine shop owned by John Roach, months, and has been under steam nine thousand hours. In this prolonged known as the Morgan Iron Works, in the city of New York, and she was on rnn she has been stopped for repairs but once, and then for only two hours. ,the said 18th day of July, 1885, in all respects, as to machinery and otherwise, This performance is probably without a parallel in the history of naval ves­ nearly completed and ready for delivery. sels and bears conclusi\e testimony_to the high skill of American artisans On that day the cruisers Boston and Chicago were still unfinished at the and the excellence of their work. Nor is it the less remarkable in view of Chester shipyard, the cruiser Boston being much further advanced toward the confident predictions with which, at the outset of her career, the official completion than the cruiser Ohicaqo. condemnation of the vessel wassomewhatprematurelypronounced by expert (2) Each and all of the said crmsers would have been duly and properly and inexpert judges. completed by John Roach within ~he time limited by the contracts, to wit "It is therefore proved by the test of actual cruising that the first modern January 23, 1885, but various changes in the plans and in the construction of experiments of the Department have come close to the highest standard of ea.ch of the said cruisers, and its machinery and equipments and fittings, speed which had been reached at the date of their design, and that in struc­ were made by the United States, and a large amount of extra work was tural strength, endurance, and workmanship they are not inferior to any­ required of the contractor in respect to each of them, which necessarily de­ thing now afloat." layed the completion thereof beyond the said 18th day of July, 1885, without any fault or neglect on the part of John R-oach. (10) Your memorialists are informed and believe that the cruiser Atlanta (3) On the 30th of June, 1885 (see Annual Report of Secretary of the Navy, could and should, without unnecessary delay, have been completed by the December, 1885, page 318), the Attorney-General rendered to the Secretary of United States on or about the 28th day of January, 1886, but that in fact, by the Navy his opmion that the contract with John Roach for the construction reason of the unnecessary delay on the part of the United States in the doing of the dispatch boat Dolphin was null and void (although at that date Roach of said work, the same was not finished nor the cruiser taken by the Govern­ had substantially completed her), on the ground that the contractor was not ment until on or about the 28th day of June, l!i86. required by the contract to furnish a speed of 15 knots, irrespective of the . {ll) Yonr memorialists are informed and believe that the cruiser Boston, drawings furnished by the United States; and further, that suit should be could :l.!ld should, without unnecessary delay, have been completed by the brought to recover from him the installments, $315,000, received by him from United St!l.tcs on or about the lst day of April, 1886, but that in fact, by rea­ time to time on the Dolphin. son of the unnecessary delay on the part of the United States in the doing of The gist of this opinion was that he was bound to furnish a certain speed said work, the same was not finished nor the cruiser taken by the Govern­ and at the same time to comply with drawings which he neither furnished ment until on or about the 28th day of August. 1886. nor controlled. Because this contract provided relief for the contractor from (12) And, as your memorialists are informed and believe, that the cruiser the speed provisions, in case the defect was in the drawings; because the con­ (Jhicago could and should, without unnecessary delay, have been completed tract did not impose upon the contractor the penalty for the failures of the by the United States on or about the 20th day of 1\Iay, llS86, but that in fact, United States, the Attorney-General thought the contract was void from the by r eason of the unnecessary delay on t.he part of the United States in the b .. doing of said work, the Eame wa.q not finished nor the cruiser taken by the e~r~mnlgation of this opinion on the 12th of July, 1885, impaired and Government until on or about the 21st day of June, 1887. destroyed John Roach's financial credit, and inflicted on him such financial (13) During all of the time of said unnecessary delay the United States embarrassment that he became unable to continue and complete the crni'lers kept posse~sion of the shipyard at Chester, which was at that time one of the .Atlanta, Boston, and Chicago. · largest and best-equipped shipyards in the country, and embraced within it (4) On the 18th day of July, 1885, John Roach, who was carrying on busi­ a foundry, n:.achine shoJf. boiler shop, pattern shop, blacksmith shop, and ness at said Chester, in the State of Pennsylvania. and also in the city of New joiner shop, and all the usual offices, store buildings. riggers' lofts, etc., requi­ York, in the State of New York, by reason of said financial embarrassment f:)ite for a tlrst-clas shipyard, and the same was a complete and thoroughly made a~eneral assignment in due form of law for the benefit of creditors of furnished hipyard in every particular and had the best modern appliances all of his property and rights to George W. Quintard and George E. Weed, for e\ery branch of its work, and that the possession by the Government and the said assi~ment was thereafter duly recorded, and the satd Quintard wa.q absolute and complete during the whole of the time of said unnecessary and Weed, as weu in the State of New York as in tho State of Pennsylvania, delay. were duly and lawfully vested with all the rights and interests of the said (l4) The use of the plant and yard at Chester, with its tools, machinery, John Roach, in and under the said contracts and each of them. and equipment, of which the Government so took and held possession, was (5) John Roach thereafter, and on the lOth day of January, 1887, died in worth the sum of $16,505.20 per month, and for the whole time of said unneces­ the city of New York, having by his last will and testament, dated the 20th sary delay~ to wit, from May 20, 1886, to June 21, 1887, the reasonable value of day of November,l886, appointed John B. Roach and William F. McPherson the use ana occupation by the Government was at least the sum of $214,567.00. and George E. Weed and Garrett Roach executors, and the said will was duly The Boston and Chicago occupied the machine shop, boiler shop, plate shop, admitted to probate by the surrogate of the city and county of New York, foundry, joiner shop, wharves, docks, shears, and storehouses, also the use and thereafter. and on the 21st day of June, IS&;, said John B . .Roach and Wil­ of steam engines and boilers to run the boiler shop, foundry, machine shop, liam F. McPherson duly qualified as executors as aforesaid, and from thence­ joiner shop, and shears. and coal consumed to run the various engines, engi­ forward oonti.nued to act and are now actin~ as the only executors of the said neer 3 iucludej, at Chester, during the unnecessary delay of enforced idle- last will and testament. George E. Weed dtd not qualify as such executor, n e~;s by the acts of the Gonrnment. • nor has he acted or assumed to act as-such, and said Garrett Roach died The plant was one of the lar~est and best equipped in the United States, before the said will was admitted to probate. and embraced within it a machine shop equipped with the best and most mod­ J;1 (6) The said Quintard and Weed, asassi~neesas aforesaid, have practically ern appliances and tools that eould be bought to build and equip a ship, from executed and completed the trusts vested m them by the said general assign­ the p1z iron to the smalle t piece of material that is required in their con­ ment, and have heret.ofore duly transferred and conveyed to your memori­ struction. The machine hop was filled with the most· costly tools skill could alists the assigned estate of the said John Roach, deceased, including the dense to build the engines, with the va t derricks and appliances, which cost claim and demand set forth in this memorial, and your memorialists, as ex­ hundreds of thousands of dollars. ecutors as aforesaid, are now the lawful owners and holders thereof. 'l'here was a large foundry equipped with cranes, blast furnaces, ovens, (7} After the execution of the assignment for the benefit of creditors above ar.d all appliances to make the largest castings used for constructing the mentioned, and on or about the 6th day of August, 1885, the Secretary of the engines and machinery for the vast establishment. Navy declared each one of the said three contracts forfeited, and declared Black'illlith shop with trip hammers, furnaces, and forges of all classes, that the rights of the United States under each of the same, and especially where the heaviest and lightest forgin~s were made for the various parts of under the eleventh, twelfth, and thirteenth clauses of each of the said con­ the engines a well as the hull and t·iggmg of the ships. tracts, were operative and gave notice of their intention in respect to the The joiner shop, where all the cabins are prepared and completed before cruiser referred to therein to proceed to complete the same, and took charge they are put together on the ships, were large and commodious and con­ of each of the said three crlliSers and their machinery, with the materials tained many of the most costly woodworking tools in the United States. and fittings constructed, furnished, or on hand for the purpo es of their con­ In the riggiug lofts, where all the rigging for the ships is fitted before it is struction, and required and r eceived from the said John Roach the surrender put on the ships, there were many costly appliances for the various kinds of of the same and of the said two shipyards and all their a-ppliances and appur­ work of this class. tenances, including the entire "21_ant, as well at Chester, m the State of Penn­ The pattern shop and mold loft were equipped with all modern devices, so sylvania, as in the city of New York, and all machinery, tools, and appliances that the molds for the hulls of the ships and the patterns for the engines as appertaining thereto at each of said ~laces. well as the hulls could be all made before the vessels were commenced in the (8) After taking possession of satd yard and machi~e shop at New York, shop aud shipyard. the Secretary of the Navy proceeded to the completion of the work upon The shipr.ard was capable of constructing eight large ships at one time, the said cruiser Atlanta, and for that purpose took and held posse ion of the with the boilers and engines to run the various tools. yard, plant, machinery, tools. and appliances appertaining thereto, at said The docking and wharf facilities were sufficient to accommodate eight city of New York, until the 28th day of June, 1886. ships at a time, with the vast shears and derricks to put the boilers and ma­ The Secretary of theNavy, after taking possession as aforesaid, proceeded chinery on board. to the completion of the work upon each of said cruisers Boston and Chicago, There were large furnace in the yard, used for heating the frames and and for that purpos~ took and held possession of said yard, plant, machinery, plates; plating and bending mn.chines, userl for frames and plating; and a tools, and appliances appertaining thereto, at said Chester (and said New great part of it was covered with buildings fitted with punches, shear~, drills. York City), until the 21st day of June, 1887. rolls, b~nding machines of the most modern design, as well as engines and (9) By the terms of each of the contracts, as expressed in the thirteenth boilers to run the machinery and the various tools. clan. e of each of the same, it was provided that in case the Secretary of the The storehouses and offices of the works were constantly used by the Gov­ Navy should proceed under the twelfth clause of said contract (which is ernment in completing these ships. identical in each of said contracts) to complete the work, such procedure The shipyard and all its appliances were complete and of modern design, should be without unnecessary delay; but although the said Secretary of the so that every branch of the work could be done m one yard. Navy did proceed to complete the work, such proced:u-e was not without There was a large rolling mill near the premises. which was owned by Mr unnecessary delay, but, on the contrary, was accompanied by great and un­ Roach where he made the largest steel and iron plates in the world. necessary delay in the completion of said work, caused wholly by the fault of All these shops, with all their appliances, were in the possession of the the United States. Government during all this time of enforced idlene sand delay by the arbi­ On the lOth of November, 1885, Commander Robeson, acting under the in· trary and unjust acts of tne Navy Department. structions of the Secretary of the Navy, received the Dolphin at the Brook- At the Chester works alone there were eighteen engines of \arious sinl 1898. CONGRESSIONAL RECORD-HOUSE. 3047 running and consuming coal during the enforced idleness by the Govern­ ment's not completing these vessels, as follows: Engines. 1!mE~~~;:~~~~~::~~~~~~~~~~~~~~~~::~~::::~~:::::~~~~~~~~~:~~:~ 1 dor~man of nggers and laborers--·············-·························· 229 1 ! f~~~~:=~~~~~~~~i~~::::::::::::::::::::::::::::::::::::::::::::::::: ~ The compensation paid as wages to this corps of men at the said Morgan Iron Works amounted to the sum of $3,721.64: for each month and for the whole time of the unnecessary delay, to wit, January 28, 1888 to 'Jnne 28 1886 $18,608.20. ' , • At the Chester yard the corps consisted of: Per month. ltli~~~iiiiiiiiiiiiiiiiiiiiii"i"i.ii"iiii.i"iiiiiiiiiiiiiiiiii·l xen;eral superi~tendent .•...... •.•••...... •.•••...• ··········-···· sroo Total ••••••••.... __ ....••.••. ____ ---· •...... __ ·--- ____ •...... __ .. __ ... 18 With the usual number of engineers and firemen in charge of the same. These engines consumed 17 tons of coal per day, or 5,000 tons a. year, whlch amounted to about $25,000 per annum, or over $2,000per month for coal alone. ~1¥.:e:I:~~;::~~~:;:~~:::::::~:::::~~::::::::::~::~~~~:::~~~~~~~ m The valuation of the shlpyard and appurtenances at Chester, by the as­ T" ot~er asSIStant accountant ...... •...... •...... •••.•.•••••••• 150 signees, was $750,000. There were 4l.08 a.c.res of ~d, including docks and wharves, in the shlp­ yard alone, or 1,800,000 square feet. The valuation of the l\lorgan Iron Works, at New York, and appurtenances by the assignees, was 702,000.60. ' DesC1-iption.-The United States Census Report of 1880 contained the fol· lowing description of this establishment of John Roach's works at Chester Pa., and the number of tons of shlps he constructed at his yard per year, a.S ~l~~~~:-..-!!iii-!!!11-::::::::;-!-·iil!!·::;_;:·-~-~l_=:.:: I follows: Foreman of rrggers and laborers .•.... ······--·-·········---····-···-·...... 220 ".At Chester, Pa.., there is one large yard, the property of John Roach & Foreman toundry _..... _-----. ·-·--...... -----· ____ ... .•.••. •...••..••••...• 220 Son, of NewYork. In 1868 the founder of this business, after a lonO'0 experi­ Streman oa~ya.rd and plate shop----··-········-·-----·--·····-·········· :n> ence as a boiler and machine builder in New York, had bought the Morgan ore man an messenger--·------·-·------·····---· 87 Iron Works of that cityJ a large establishment at the foot of ~Inth street. on the East River, in whicn most of hls machinery has since been built. In 1872 As well. as laborers, teams, and all the appliances of the vast establishment Mr. Roach bought a large property at Chester and developed there a great and then· uses. iron shipyard, his first ves el being launched in 1873. It has always been a 'rhe compensation paid as wages to this corps of men at the said Chester busy yard, producing regularly not less than four and sometimes as many as ~orks amounted to the sum of $4,061.64: for each month, and for the whole ten large-class steamers a year. The largest American steamshlps afloat time for the unnecessary dela-y:, to wit. May 20.1886, to June 21 1897, $52,801.32. came from these works. The yard itself is the most important one in the (18) By reason of the delay m completing the work upon the said cruiser Atlanta the e11;1ploymentof the said COIJ>S above mentioned at the New York United States. "'l'he plant at Chester is elaborate, complete, and of the very first order yard was con~mued to the 28th day of June, 1886, and for at least five months and represents an investment of about 1,000,000. The works cover about beyond the time necessary to complete the said .Atlanta at said New York 'lO s~nl?yard, and the. sam~ was charged against and withheld h·om your memo­ acres of ground, and have a front of 2,500 feet on the Delaware River. The rialists by the Umted States, the same being claimed by it as a portion of the river is over a mile wide at this point, with depth enough to float the largest expense needful for the completion of the said cruiser. and the total outlay pres~~t ~uilding h~ve steamer of the day. slips been substant_ially con­ so 1m posed upon the contracto~ by the United States was the sum of $18,608.20. structed on heavy p1ling, making accommodations for the building of ten (19) By reason of the delay m completing the work upon the sa.id cruisers large vessels at once, and the docks and wharves have been furnished with Boston and Chicago, the employment of the said corps above mentioned at shears and hoisting engines for roasting vessels and nutting aboard the boil­ the Chester yard was continued until the 21st day of June 1887 and for at ers and machinery. A short distance below the shipyard proper, and located least thirteen months beyond the time necessary to complet~ the 'said Boston, on the river I?ank, are th~ Chester rolling and steel mills and a blast furnace, the latter W1th a capacrty of 700 tons per week. The furnace alone cost a~d Chicago at said Chester ~I?yard, and the same was charged against and w1~bheld fx:om your ~emor1alists by the United States, the same being $250,000. "These works are owned by the proprietors of the shlpyard, cover about c~med _by 1t as a port10n of the e~penses needful for the completion of the SO acres, and employ 800 men; and it is not too much to say that they consti­ smd crmsers, and the total outlay rmposed upon the contractor by the United tute the best plant m the United States for making plates and armor of iron States Wa3 the sum of $52,801.32. (20) By e~ch .of. the .said. contracts it was provided by the eighth clause ~nd steel and steel castin~s. I~ is an interestin~ fact that at these two estab­ lishments, owned by one firm, rron and steel sh1ps can be created, beginning t~ereof, whlch lS.ldenbcal m each of them, that the hull, machinery, and fit­ with the ore itself and endingwith th.e finished steamer completely equipped tings embraced m the contract, and all materials and appliances provided for .or ~o be used in the construction thereof, should be kept duly insured, for sea.. F!very part of the ~ork is 4one by the one firm, and it is believed which msurance should be renewed and increased from time to time by and tha~. t~ 1S the only establlShment m the world possessing such complete at the expense of the contractor in an amount sufficient to cover all advance famhtles. p31yments made under t)?.e contract, the loss, if any, to be stated in the poli­ "In the ten years from 1873 to 1882, both inclusive, the total tonnage built mes as payab~e to the Umted ~:;tates, and the insurance to be effected in such by John Roach & Son aggregated about H8,000 tons, the average being H,SOO mannE-r and m such companres as should be approved by the Secretary of per r.ear; the largest product in any one year 28,190 tons. the Navy. ~· The success of this yard has been due to <1,nalities on the part of its founder whlch have characterized the leading shlpbuilders of America in a During the unnecessary delay in completing the said cruiser Atlanta to marked degree-energy, a fertile mind, and remarkable ingenuity in adapt­ wit, from the ~th day of January to the 28th day of June, 1886, the sum of $1.417.50 was pru~ and expe~ded for s~ch insurance; and that during the un­ inlf, vesse~ to the trade in which they were. to be employed. . .A special study would be made of the kinds of cargoes carried by the ves­ necessary delay m completing the sard cruiser Boston, to wit, from the 28th day: of March, 1888, to the ~th day of August, 1886, the sum of $2,588.50 was se~ in a particular coasting route, and an idea would be framed of a shlp pru~ and expe1:_1ded for s:nch m_sru·ance; and that during the unnecessary de­ which would carry more of the given varieties of goods on a lighter draft of lay m completing the sa1d crmser Chicago, to wit from the 20th day of May wa~~ and at a faster rate of s_peed ~~n th~ vessels already in the trade. 1886, to t)?.e 21st day of June, 1887, the sum of $7,157.19 was paid and expended ThlS 1dea woul~ be worked out m a ship m whlch the builder would take per­ haps quarter mterest, in order to show his confidence in it. His operations for such lDSurance. a Th~ said sever~l sums paid for insurance amount in all to $11,163.19, and have been in the main succ.essful, and the two establishments have at times the sard last-mentiOned sum was :paid by the United States and claimed by it been employed to their full capacity. as a proper charg_e !l'gainst the sa1d crwsers, and the same was withheld and "Fifteen hundred men can be employed in the works at New York and retained by the Un!ted States from yo"!lr memorialists upon the settlement about 3,000 at Chester. It is one feature of the operations of the firm that of accounts re:>pectmg the same, as heremafter mentioned. measures are ~aken ~ secure willing work from the men. They are en­ (21) No act10n has been had upon this claim or upon any part thereof, by couraged to be mventive by a system of rewards and promotions. Further­ Congress or by any of the DepartmE-nts of the United States Government more, the personn~l.of the shlpyard is kept at a hlgh grade of character by The several claims embraced herein were presented to the Secreta.ry.ot the constant recrmtmg of young men of mechanical education who are fresh from school and are given a chance to go into the yard and rise." the Navy upon the settlement of the accounts concerning the three cruisers (15) The shlpy!U'd and machine shop of John Roach known as the Morgan Atlanta, Bostf!n, and Chicago, hereinbefore mentioned, but he declined to take any ~o~nce thereof, or ~ny part of the .same, for the reason that he Iron.Works, of New York, occupt~d about one and a half blocks of land, ex­ was not, m his judgme~t, authonzed to pass upon or adjudicate such claims· tendmg !rom .Av!=lnue D east to Nmth a~

F or the withholding and detention aforesaid of the said shipyard In testimony whereof I her eunto set my hand and notarial seal this 25th plant and appurtenances at Chester during the unnecessary de- day of Febr uary, A. D.l896. lay in completing the cruisers Boston and Chicago, the sum of . ...S?14,567 .60 [SEAL.] J OE W. SWAINE, Notaty Public. F or the amount of wages of the corps of m en-employed at said Chester on said cruisers last named during said unnecessary de- (Cer tificate filed in New York County.) lay, the sum of. -----·.------.------.------.. ---- 52,801.32 F or the amount of insurance Jlreminms paid during the same delay AFE'IDAVIT OF GEORGE W. QUINT.A.RD. on said cruisers Boston and Chicago, the sum of...... 9, 745.69 STATE OF NEW YORK, County of New York, ss: Said last-named three sums amounting to...... 2'17, lli.61 Before me, a notary public in and for the city and county of New York. This outlay of $277,114:.61 is divided between the Boston and Chicago, as fol­ personally came George W . Quintard, who, being by me duly sworn, saith: lows: I have been in the business of constructing engines and building ships for From the 2d of May, 1886, to the 28th of August, 1886 (three and one-fourth over forty years; for about twenty years I was owner and proprietor of the Mo~.foa.n Iron Works, on the East River, at the foot of Ninth street, in the city months), the monthly expenditures of $16,505.20 for the shipyard and $4,061.64 of New York, until they were sold to the late John Roach. for the clerical corps was expended on both the Boston and Chicago, and I was familiar with the condition of the steel cruisers Atlanta, Boston, and should be apportioned thus: Chicago at the time John Roach made his assignment, and together with To the Boston .... ---· ...... ----· ...... $33,421.11 George E. Weed, my coassignee~ I supervised their completion by the New York City, and in my opinion a fair and reasonable rental to the House. The whole case can be summed up about this way: for the Morgan Iron Works, with their machinery, wharves, derricks, and When these contracts were made with Mr. Roach to build these appliances, during the years 1885 and 1886 at the time the Atlanta was being completed at said works, wasat least S167per day. In my judgment a similar several vessels, there was that ironclad statement inside the con­ rental of the Delaware River Iron Ship Building and Engine Works wa.s at tracts usually inserted in all these contracts. Time was req llired least $-100 per day during the years the Boston and Chicago were being com­ in which to complete the building of the ve sel. pleted there by the Government, for both vessels. Mr. Roach went to work with an immense outlay for his ma­ During the completio~ of the~e vessels by the Government there we.r~ eertain fixed charges which remamed the same whether the work was dili­ chinery and his yard and the necessary instruments to complete gentiy pushed or not. This we would call the permanent staff, and their pay the work (and they were immense), and change after change was would continue on days when no work was done or when one--third or one­ half of the necessary workmen were employed. During the prolonged term made by the Government in altering the construction of these for the completion of these vessels, rendered necessary by the delays of the vessels, and not only in executing or carrying out the changes Government, the daily and monthly cost of a staff was incurred at each of was delay caused, but i~ making and arranging these changes in the yards and its cost was charged against John Roach. In my judgment the vessels necessary trme was consumed. There arose in the the cost of this organization at the Morgan Iron Works durins- thev.rolonged period was $90.19 per da , and at the Delaware River Iron Ship Building and country some sort of claim that you older members on the floor EngineWorksitwas .43perday. will remember, and a kind of scandal grew out of the transaction. I have no interest, direct or indirect, in the claim of the executors of John The Government seized the man's property, took it into its pos­ Roach, deceased, against the United States on account of the cruisers Atlanta, Boston, and Chicago. session, and proceeded to complete the vessels that he had made R GEO. E. WEED. contrad to buil

Now, one of the vessels, the Dolphin, though I have not read from the gentleman from Tennessee whether that is a confisca· the report since I made it in a preceding Congress, was completed tion of property? substantially when they took charge of his work. That vessel, as Mr. COX. That would be very well if they had paid Roach for shown by every naval officer who has spoken of the matter, is the use of his property, probably one of the most successful and best vessels that we have. Mr. RIXEY. They did pay him every dollar of the contract Her record is not surpassed in naval history. So the whole ques­ price for building the ships. tion worked itself down to this: Should the Government be per­ Mr. BRUCKER. Did not they give him credit for the contract mitted to take charge of the property of a private citizen in the price of the ships, and charge him with the cost of completing execution of contracts? Put it as strong as you please. Assume, the ships? if you want to, that Mr. Roach had forfeited his contract legally; Mr. COX. No; that is not it. the only thingthe Government had the right to do was to declare Mr. BRUMM. Yes; that is right, in terms. the contracts forfeited and proceed upon its obligation to collect Mr. COX. One part of it is right, and in the other it is wrong. from the builder any damage the Government had sustained. I M.r. RIXEY. The trouble is that the gentleman [Mr. Cox] has submit that legal proposition to any lawyer who will reflect one not read the facts of the case. · moment. But that is not what the Government did. Mr. COX. The trouble with the gentleman from Virginia [Mr. Mr. ROBB. Will the gentleman allow me to ask him a ques­ RIXEY] is that he does not understand the facts after he does read tion? them. Suppose the Government did seize the works, and suppose Mr. COX. Certainly. they occupied them in completing the ships and then paid Roach Mr. ROBB. Do I understand the gentleman to take the posi­ for the construction of the vessels the full contra-ct price. That tion that in the contracts the Government had for the building of is putting the question of the gentleman from Virginia as strong these ships, upon failure of Roach or his representatives to com­ as it can be. Is not that all you can ask [to Mr. RIXEY]? plete the ships within the time specified, the Government was not Mr. RIXEY. Is not that all anyone can ask? authorized to take possession of and complete the ships? Mr. COX. They seized the property and kept it beyond a rea­ Mr. COX. Do I under tand the purport of the question to mean sonable time in which the ships could be completed. that because a man forfeits his contract with the United States, Several MEMBERS. That is right. that confers upon the United States the power to confiscate pri­ .Mr. RIXEY. I think the gentleman is mistaken about theseiz­ vate property without compensation? lB not that the purport of ing of the property. The Gov-ernment called for a surrender of the question? Why, I have said in effect before tha.t because a the property under the contract. Roach surrendered it, and the man forfeits a contract to the United States he does not become Government went on and completed these ships and then paid an outlaw. John Roach every dollar of the contract price. This claim is on Mr. BRUCKER. I would like to ask the gentleman this ques­ the Government because the Government did not use expedition tion. I have not read the contract, and the report does not give in completing the ships, and they claim compensation for the use the terms of the contract. of the yard longer than the Government ought to have consumed Mr. COX. The contract is a part of the report. in completing the vessel. Mr. BRUCKER. The contracts provided, did they not, that in Mr. COX. That is what I said. I ask you if that is true, that case of forfeiture the Government would have the right to take they seized the property and completed the ships, if Roach did get possession? That is the practice usually between the party and the contract price that he was to receive, would you insist that the Government. they could hold that man's property for an unnecessary length of Mr. COX. Not so strong as that. If I remember the contract-­ time? If they could do it, they could hold it forever. Mr. BRUCKER. You are familiar with the terms of the con­ Mr. BRUMM. They held it seventeen months and ten days. tract. Mr. COX. Yes, over and above the time the Government con­ Mr. COX. I said that I had not read that for two or three tends was necessary for the completion of the vessel. years; butsuppose you are right. We will never haveanytrouble Mr. RIXEY. What is the evidence that they held the property about a point when we agree upon it on either assumption. Now, longer than they ought to have held it? suppose the contract did provide that unless the vessels were Mr. COX. You can get the evidence from any naval report that completed within a. certain time, the Government should have you read. Here it is here; I will hand it to you. the right to take possession of private property and complete the Mr. BRUMM. The gentleman from Virginia has read it. vessel. Would you, as a lawyer, say that the Government had a Mr. RIXEY. Yes; I have read that letter; I understand it, and right under any contract to seize the property and use it without the evidence depends on that of two gentlemen who are the as. compensation? signees of John Roach's estate. Mr. BRUCKER. I will answer the gentleman's question. I Mr. COX. Oh, no. will answer it in this way: I will ask you whether or not you Mr. RTXEY (continuing). And in their opinion these ships are familiar enough with the terms of the con tract to state whether ought to have been completed in less time, and that is the whole upon forfeiture the Government had the right to take pos ession foundation of the claim. of the property for completing the vessels? If the contract is Mr. BRUMM. The ships were complete within about 10 or 12 broad enough to give them that right, I would answer your ques­ per cent, and yet the Government took to finish the ships a num­ tion yes, because that was a part of the contract relations between ber of months more than Mr. Roach agreed to build the ships in the parties. the beginning. Mr. COX. I understand the gentleman to mean that if A con­ ~!r. RIXEY. Let me ask the gentleman a question. tracts with the Government that Unless he does a certain thing, a Mr. COX. You are taking up my time. certain piece of work, at an exact time, the Government may take Mr. BURKE. I want to ask the gentleman one question. How charge of his property. What does that mean in law? It means long has this claim been pending? the surrender of the property to the Government for the comple­ Mr. COX. Ever since the transaction occ_urred; passed from tion of the contract; but does it mean that the Government may one Congress to another. seize and take his property without compensation? Mr. BURKE. I see it says on page 7 of the report that no ac­ Mr. RIXEY. Will the gentleman allow me to ask him a ques­ tion upon this claim has ever been taken by Congress. tion? Mr. COX. That means that Congress has never voted to allow Mr. COX. Yes. it. It has passed the Senate two or three times. It has been up :Mr. RIXEY. As I understand, thecontractprovided that if the every Congress, but the claim was not reached. shipbuilder, Mr. Roach, was unable to complete these contracts, Mr. BURKE. What facts are presented to the Hou.Se, that they the Government had the right to take possession of his yard and should vote away $300,000 upon this claim? I will ask the chair­ go on- and complete the contract, and then to pay him for building man, in justice to the committee, to state them. the ships. On the 18th of July, 1885, John Roach made an assign­ Mr. BRUMM. I propose to do that in my own time. I do not ment, and in that way it became apparent that he could not com­ want to take up the time of the gentleman from Tennessee [Mr. plete the building of the ships. Cox]. Mr. COX. That occurred after they took possession of the Mr. COX. I will give way to anybody that can talk so much shipyards. better than I can. Here is the whole point. You may talk about Mr. BRUMM. After the trouble had arisen and the loss had it from now until to-morrow night, but it will come down to this: been sustained. The Government seized the property. They took possession of Mr. RIXEY. Allow me to complete my question. these very valuab!e works-as the evidence showed, probably no Mr. COX. Is it a question or is it an argument? . such valuable works in the United States-and when they took Mr. RIXEY. I am asking you a question. John Roach made possession of the property, if they had completed the ships and an assignment on the 18th of July, and it became apparent that turned the property back to the owner of it, there would have he could not complete these ships. Now, I say it was for the in­ been some plausibility in the argument against the allowance of terest of John Roach that the Government should take posse sion this claim. of the shipyard and complete the ships so John Roach could get The evidence in this case, if gentlemen will examine it, shows his money. The contract so provided. Now, I would like to hear that the Government held this property for seventeen months, 3050 CONGRESSIONAL RECORD-HOUSE. MARon 21,

'when there was no necessity for holding it, during the completion Mr. BRUMM. Allow me to say that the penalty imposed with of these ships. There is the point in this case. reference to the Dolphin is not paid yet. Mr. RIXEY. That is the very thing that we deny. Mr. RlXEY. Let me say in reply-- Mr. COX. I am not responsible for the gentleman's denial. Mr. COX. Well, Mr. Chairman, I did believe that I had the That is the point I make. The evidence is here. floor, but other gentlemen seem to think differently, so I yield to Mr. LOW. Allow me to make this suggestion: The very mo­ the gentleman from Virginia any time I have left, in order that ment the Government took charge of that shipyard, it ceased to he may make his own speech. be a private yard and became a Government yard, the employees Mr. BRUMM. I yield to the gentleman from Wisconsin [1\Ir. working only eight hours a day, while in a private yard they MINoR] a member of the committee. would work ten hours a day. Mr. MINOR. Mr. Chairman, in this case I have done some­ Mr. BRUCKER. Did not :Mr. Roach, when he entered into this thing I never did before in my life. I have committed what I have contract with the Government , takeintoviewtheprobabilitythat to say to writing. But permit me to say this is a claim that ran over if he should fail in carrying out his conh·act, the Government a period of some three or four years and involves several million would assume control of the work and that the working time of of dollars. This was an historical case. I think there were very the employees would be limited to eight hours a day? few people in the United States who did not at the time take an Mr. COX. If gentlemen will allow me to occupy the floor a lit­ interest in what was considered an unfortunate affair,:a calamity tle longer, they can then have it as long as they please. for this country. By preparing this argument as I have I believed Now, let me make another supposition-! can not stop to read I could give a fairly complete history of the case in a concise man­ the evidence: Suppose, when this contract had been made and the ner and preserve a continuity that seems desirable for the purposes specifications filed, the parties agreed that the Government might of this claim. change the plans of construction, so that the work could not be I have attempted in collating the evidence here to establish the completed within the time specified in the contract by reason of claim, not upon the testimony of the claimant, but upon the rec­ the delays resulting from these changes. In that case, who was re­ ords in the Navy Department. And when I get through with sponsible? Mr. Roach? ·Will any lawyer say that he was? I say this case I shall ask this House, if I have established it to thei..f the Government was responsible. And when Mr. Roach did sub­ satisfaction, to vote to concur in this bill. stantially complete one of the vessels and turn it over to the Gov­ I reported this claim to the Fifty-fourth Congress. I again re­ ernment, there was not a word of complaint about it. That ves­ ported it to this Congress, and I have become so much interested sel, as I said a moment ago, has proved one of the best vessels we in it, believing as I do that it is absolutely meritorious, that I _ have in the Navy. should dislike very much to see it defeated. It is a case that ap­ I am willing to leave this question with any gentleman who peals to the hearts and the consciences of all honest, fair-minded will reflect a moment. I know that some of us are in the habit people in this country, and I am glad, Mr. Chairman, that we can of getting up here sometimes and fighting these claims. I have approach this claim divested of all partisanship, and that ·that been accused of fighting very earnestly for a claim the other day. political aisle may not divide us when om· votes are recorded for But I do not mind any charge of that sort. In my view the pay­ or against this claim. ment of a claim should depend upon whether it is right or not, I It will be necessary for me, in order to establish the basis for do not care where it may come from. I think the claim bill which this claim, to discuss those unfortunate occurrences that led up to we passed the other day was right. I think this claim is right, in it. I shall therefore briefly refer to the dispatch boat Dolphin, whatever view you may take of it. Whatever delay occurred as and I shall take that matter up from the time the Government en­ to completing these ships within the time specified in the con­ tered in the contract with Roach and discuss it in such a manner tract was because the Government changed the plans of construc­ that I believe every member who listens to my voice will agree tion; and when delay had thus occurred by an act of the Govern­ that John Roach was unjustly treated by this Government of ours. ment itself, it seized this man's property and completed the vessels COllP:&.YSATION TO ROACH'S HEIRS FOR DELAYS BY THE GOVERNMENT. itself, holding the property seventeen months unnecessarily and The bill pending before the committee is one to compensate the without one word of justification. legal representatives of Roach for the labor furnished and the use Mr. BRUCKER. I should like to ask the gentleman a question. and occupation of his yards and shops in the completion of the I notice that the report speaks about-- three cruisers, the Atlanta, Bosto'n, and Chicago, during the de­ Mr. COX. Did the gentleman ever read the rep01·t? lays by the Government. In the ·consideration of this case there Mr. BRUCKEH.. I listened very carefully to the reading of it. is no question except the prolonged use of his yards and docks and I undertook to obtain a copy of the report, but I find that the the contimiedexpense to Roach of what are called the fixed charges, copies at the document room are exhausted. including insurance. The question I was about to ask is this: This report speaks Mr. Roach found it necessary July 18, 1885, to make an assign­ about extra work put upon these vessels. I u.nderstand that all of ment for the benefit of his creditors. This resulted from obstacles this extra work was settled for, that the assignees were compen­ which he encountered in the construction of the dispatch boat sated by the Department. Can the gentleman tell us how much Dolphin, for which obstacles he was in no wise responsible. the Government paid for that extra work? I know, Mr. Chairman, that the question will naturally be asked Mr. COX. I do not think it will be found that any compensa­ by members of this House. Why did John Roach make this as­ tion paid included a single item as to the delay which had been si~nment and where did his embarrassment find birth? I have caused by the Government in this matter. implicit faith in the cause I represent, and the faith that is in me Mr. BRUCKER. That is not my question. prompts me to see to it that all the facts in this case be laid bare Mr. COX. The gist of this complaint does not lie in that; the to the members of this body. Therefore I propose to give a brief important fac~ is th~t w~en the Government took poss.ession of history of the unfortunate events that transpired dnring the time this property It deta~ed It seventeen months unnecessarily. John Roach was engaged in the construction of the dispatch boat Now what does it propose to do? To go back on Mr. Roach and Dolp hi n. enforc~ all the penalties against him because of the delay; it is A contract with John Roach fortheconstructionof the Dolphin proposed to make him responsible for all that delay. And when was made on the 23d day of July, 1883, after provision of law of some consideration is asked for Mr. Roach on account of the de­ March 3 had been complied with so far as inviting proposals was lay which the Government caused, the answer is made that the concerned. Government had a right to delay the work as long as it chose. This contract was entered into by John Roach for $315,000, in­ [Applause.] stead of $400,000, as had been estimated by the advisory board, a Mr. BRUCKER. Will the gentleman answer my question? saving of 85,000 over the estimate of this board and $65,000 be­ Mr. COX. I will if I can. low the next lowest bidder. Mr. BRUCKER. The question I asked was this: How much Mr. Roach proceeded at once to build this dispatch boat· in ac­ did the Government pay Roach or his assignees over and above cordance with the contract. As evidence of the inefficiency of ·the contract price for extra work? the Navy Department at that date and the impractical and crude Mr. COX. Suppose they paid him everything that could be notions of what constituted a modern ship such as was desired, claimed? there were thirty-six changes made in ·the original plan of the Mr. BRUCKER. I am asking how much? hull and thirty-eight changes were made in the machinery of this Mr. COX. I do not remember. I do not know whether any­ vessel. Besides these thirty-six changes in the hull and thirty­ thing was paid. eight changes in the machinery, numerous changes were made Mr. RIXEY. The gentleman said just now that the Govern- from time to time during the construction of the boat. ment had enforced penalties against Mr. Roach. But not a single change was made either in hull or machinery Mr. COX. It did. that was not sugge ted or approved of by the Naval Advisory Mr. RIXEY. I should like the gentleman to state when, where, Board and the Secretary of the Navy. The act of Congress ap­ and to what amount. proved March 3, 1883, making appropriations for the construction Mr. COX. Did not the Government enforcethepenaltyagainst of the Dolphin, also created '' a Naval Advisory Board," some­ Mr. Roach when be could not complete the ships in time, and .thing entirely new in naval architecture, an experiment that was when it took possession of the property? then entered upon by that Congress. The peculiar wording of 1898. CONGRESSIONAL REOORD-HOUSE. 3051

this act transferred from the Secretary of the Navy much of the The advisory board was always present during the progress of power, discretionary and otherwise, that theretofore had vested the work on the Dolphin. There was also present a corps of in­ m this official. In fact, so fax as the construction of ships was spectors, so that not a blow was struck, not a bolt driven, a rivet concerned, the board had really more power than the Secretary headed, or a movement made except under the eye of a represent­ of the Navy. ative of the Government. Every plan and all specifications were It had more power than the Secretary of the Navy, because the prepared or approv•d by the Government. Every piece of mate­ .board was created to advise with the Secretary of the Navy and rial entering into the construction of this hull or its machinery to supervise construction, inspect material, and to prevent any was there, as provided in the specifications, not a thing wanting metal from entering into the construction of this boat until it had to meet the plans and specifications as prepared by naval officers, passed under their eye and met with their approval. Not only and yet, strange to say, advisory board No. 2 found the ship struc­ that, but the Secretary of War absolutely could not conclude a turally weak. contract with a private citizen of this country without the ap­ Mr. Whitney, it will be remembered, did not act upon the de­ proval of that advisory board. So that practically the hands of cisions of the advisory board that was created by statute, and the Secretary of the Navy were tied by this board. which had from the beginning supervision over the construction At this point I desire to emphasize the fact that not a pound of of this ship, but on his own account he appointed the second board metal entering into the construction of the Dolp hin was used by not only to pass upon the Dolphin, but to also pass upon the effi­ Roach till it had been inspected and passed by this board; not a ciency of the legal board. single rivet was driven, except under their eye; not a particle of No wonder we have a disagreement; the contest was not so much material was put in position and fastened there that did not in all between Roach and the Government as it was between the two respects meet the requirements of the contract and the approval boards. of this board. The Naval Advisory Board was supreme and all Let us now look into the matter of structural weakness found powerful. Roach, the contractor, was its servant, made so by by board No.2, and see what there is to it. conditions in the contract. We find in the annual report of the Secretary of the Navy, And I want to reenforce this point, that the board was continu­ October, 1889, the following statement relative to the Dolphin: ally there and they bad supreme authority, and that Roach was The record of the Dolphin, whlch vessel began with a speed of 15.11 knots bound by the contract to abide their judgment and obey their on her contract trial, and which has recently retnrned from a cruise around orders. Let no officer of this Gov-ernment or citizen thereof say the world, is not less satisfactory. The results of the inspection of the ves­ sel, aft er she has been three years and nine months in commission, are re­ that there is anything wrong with the dispatch boat Dolphi n and ported by the board of inspection, under date of October 2, 1889, as follows: that Roach, the contractor, was responsible for that defect, and in "The material used in the construction of this vessel and the workma.nshlp the same breath exonerate the representatives of theNavy Depart­ speak well for the designers and the builders. Aside from the sli~ht repairs to her bearings she is ready for another crnise. By the most liberal esti­ ment, who were at that time on the gl'Ound and in full charge and mates the work in the construction department can be done inside of a. supervision of this work. month. This, the first of the new Navy, makes a splendid showing for struc­ It is a well-known fact that at this time this country was enter­ tural strength, fine material, and good care. ing upon a new policy involving the construction of modern, pow­ '·Her captain r eports that shecan average 14knots an hour for any length of time, and nnder favorable cir cumstances she can rnn 16 at sea. erful ships of war, that would be equal in efficiency, if not better, "In the course of her cruise the Dolphin has run 58, ls, and bears conclusive testimony to the high skill of American artisans that we must necessarily pass through an experimental, as well and the excellence of their work. Nor is it the less remarkable in view of as educational, stage in or:ier to obtain the best results. We the confident predic;;ions with which, at the outset of her career, the official condemnation of the vessel was somewhat prematurely pronounced by ex­ believe that our Naval Department and, our naval officers were as pert and by inexpert judges. efficient as any to be found in any other part of the world, but "It is therefore proved by the test of actual crnising that the first mod­ there is no question but what our naval officers know a great ern experiments of the Department tmve come close to the hlghest standard of speed which had been reached a.t the date of their design, and that in many things now in reference to the construction of great modern structural strength, endurance, and workmanship they are not inferior ro ships of war that they have learned by actual experience since anything now afloat ." 1882. - The record of the Dolphin since November 30,1889, when the above was Mr. Roach was unfortunate in this, that he was compelled to written, has been equally good. deal with the chosen representatives of this Government at a There is your structural weakness; and let me say at this point period of time when this great evolution in the constl·uction of that not one dollar was expended in strengthening this vessel our naval ships was going on. That period in our naval history from the time it left the hands of the builders up to the present is now happily passed. date, chiefly because no additional strength was required. John The Naval Department can now prepare plans and specifications Roach had attended to that. and supervise in a proper manner the construction and equipment NAVAL CONSTRUCTOR'S OFFICE, of the grandest ships that the world bas ever seen, but it has cost UNITED STATES NAVY-YARD, many a contractor very dearly to educate this Department of our N01tolk, Va., October 1#, 1898. Sm: In reply to the letter of the Bureau of Construction and Repair, No. Government up to its present condition of efficiency. It is un­ 7356-93, of the lith instant, I would respectfnlly forward herewith a memo­ fortunate.that private individuals who entered into contracts with randum of all work done in tlris department on the U. S. S. Dolphin while at the Government to construct ships should have been required to this navy-yard from Ja~ua.t:y 1886, u.ntiJ her departure in January, 1887. After a. careful exR.mmatiOn of this hst and of the orders under which the bear the expense of educating naval offic&s up to their present work was executed, it does not appear that any items were for the purpose high standard. It is not altogether to the credit of this Govern­ of making the vessel conform to the contract under which she was built or ment that many of its citizens have been crushed and ruined by for the purpose of increasing her structural strength. The work seems to have been of the character usual and customary in fitting out new ships and the mistakes and incompetency of the chosen representatives of a mounting thl'ir battery, including minor a.dditions and improvements to ac­ rich and powerful nation. commodate the officers and crew. John Roach prosecuted the work on the Dolphin with all the Very respectfully, FRANCIS T. BOWLES, dispatch possible in view of the constant changes in material, hull, N aval Constructor, United States Navy. The COMMA:\~ANT, and mac.hinery construction; every change ordered by the advis­ Navy-Yard, Norfolk, Va. ory board brought its annoyances and delays, and these changes were constant and never-ending. The official trial trip was made November 24, 1884. Rear Roach had but twelve months in which to complete this vessel Admiral Simpson was president of the board. He reported the so that the annoyance3 and delays that were constantly consum­ results of that trip to the Secretary of the Navy, as follows: ing time were bringing him dangerously near to the point where NAVAL ADVISORY BOARD, NAVY DEPARTMENT delay in the completion of the contract might have been taken ad­ Wa.shington City, N011e11tber 34, is84. vantage of by the Secretary of the Navy, as provided for in the Sm: The board would respectfully report that it was notified by the con­ eleventh and twelfth clauses of the contract. tractor, Mr. John Roach, that the Dolphi n would be ready on the 20th instant for the preliminary trial to test the maehinery, engines, boilers, and appur­ Notwithstanding all the annoyances, delays, and prejudices on tenances, as required by the ninth clause of the contract. This trial was to the part of representatives of the Navy Department, this vesse1 was be made, as r ecommended by the board in its letter to the Department of substantially finished, and was ready for its trial trip, and did make September 11, in Long Island Sound, and the data to be recorded as required by the United States steam log, and as approved by the Department in a its first official trial trip, on the 20th day of November, 1884. letter to the board of October 2.5. On this trip the steel shaft broke, and the vessel was compelled The contract conditions were as follows: to return to her dock in order that an iron shaft could be put in (2) That the collecti,-e indicated horsepower developed by said engines under the prescribt>d conditions ~hall be ~.300, and maintained successfully the boat-just what Roach had insisted on from the beginning. for six consecutive hours ; provided that in case of the failure o! the develop­ The breaking of this steel shaft was just what Roach feared; ment of this power, the >e sel sha!l be accepted if it can be shown to the sat­ but it was put there by the Department over his protest. isf!Wti(.:m of the Naval .Ad\·isory Bo~d and the Secretary of the Navy that thlS faJlure was due neither to defective workmanship nor materials. On the trial trip of November 20, 1884, the Naval Advisory The board assembled on board the Dolphi n at 8 a.m. on the 20th instant, Board in their report stated that except for the breaking of the at the dock in East River at the foot of Eighth street. shaft the vessel would have been recommended for acceptance. The ship left the dock at 9.15 a. m., and proceeded at two-thirds power into the Sound. At 10.(6 a. m. she passed Execution Rock light at fnll speed· the And by fair dealing the vessel should have been accepted and full &IP'eement being to run as nearly as possible a straight course at full SPeed payment made, as provided for in the contract. to the Middle Ground light, 001- miles distant, and as far beyond as nece&Acy 3052 CONGRESSIONAL RECORD-HOUSE. MARon 21,

to occupy a. time of three hours, in order that six hours might expire on the construction of this dispatch boat; also for damages amounting return to Execution Rock light. At 12 h. 40 m.10 s. the engine slowed down for twenty minutes to examine in the aggregate to nearly f$4.00,000. As a result of this proposed a. bearing; with this exception the engines worked continuously, the boilers procedure by the Government, Roach found himself no longer able furnished ample steam, the fire-room blowers furnishing excellent draft to stem the current that had been so long running against him, until2.36p. m., when, the vessel having f:illen off four points while turning at full speed to return, the tbrnst-length of the main shaft broke just at the and as a sensible and business-like procedure, he made an assign­ neck of the coupling abaft the main bearing. ment and seiected Quin tard and Weed, men of known ability and No damage, further than a slight injury to the bearings of the broken reputation, as assignees. length of shaft, was done to the machinery, and the vessel then came to anchor, lying 4 miles southeast of Falkner's Island light, and assistance was To all fair-minded men who knew the personal worth and ex­ sent for. cellent character and great ability of John Roach the said Quin­ 'l'he board is gratified to state that, except for this accident, the vessel tard and Weed needed no further indorsement than the fact that would have been recommended for acceptance, as the average collective in­ dice. ted horsepower of the engines was 1,95! and the maximum 2,151; the they had been named by Roach. average over the ground for the whole distance of 55.7 nautical miles run It should be borne in mind that John Roach entered into a con­ was, appro:rimately, 16.3 knots per hour. tract on the 23d day of July, 1883, not only to build the Dolphin, The board estimates that the speed tbrou~h the water for one hour, for which mora accurate observations were obtamed, was at the rate of 16 to 16! but on the same day he signed a contract to construct the Boston, knots. of 3,000 tons displacement, and for the sum of $619,000, and also The trial was sufficient to convince the board that tho vessel will fully to build the Atlanta, of 3,000 tons, and for 617,000, and three days meet the estimates of her design when a continuous trial is obtained after the thereafter-to on the 26th day of July-he signed still another shaft is replaced. wit, After further investigation the board will inform the Department in re· contract for the construction of the Chicago, of 4,500 tons, to cost gard to the probable cause of the failure of this shaft, which, under the terms 89,000, so that at the time of his assignment he had on his hands of the contract, is to be made good by the contractor. and in com·se of construction four ships, as follows: Very respectfully, E. SIMPSON, Rear-Admi1·al, U. S. N., President of the Board. Hon. W. E. CHANDLER, Tons. Price. SecretaJ"]J of the Navy. TheNavy Department, not being content with having perplexed and annoyed John Roach beyond all measure, had still a more The Dolphin .•...• --···· ••...•.•..• ---·------····______1, 500 $316.000 The Boston __ ·------·-·------_-----•••..• ------___ 3, 000 61!-1,000 bitter dose for him, one that was finally to crush his business, The Atlanta. .•...• ------· •..... ------•••.•• ______3,000 617,('00 ruin his reputation, and break his heart. On the 30th day of June, The Clurogo ____ ------· -----·---- ____ ------____ -····· ---- ___ _ !, 600 889, 1885, the then Attorney-General, Mr. Garland, delivered an opin­ ion that the contract for the construction of the Dolphin was null Total_---··------·----·------~------12, ()()() 2, i!O, ()()() and void. Think of it, will you-the contract for the construction of the RECAPITULATION. Dolphin null and void. This opinion was rendered on the ground that no speed clause was inr.orporated in the contract. What are Chicago. Boston. Atlanta. Dolphin. the facts? The facts are that seven months prior to the rendering of this opinion the Dolphin had made her official trial trip and Contract cost------_.----- __ ---- 8889,000.00 $619,000.00 $617,000.00 $315,000.00 the board bad reported that the trial was in all respects satisfac­ Cost of changes and ailditions tory: and save for the breaking of her shaft, that was in no wise to date ______------· 31,650.60 20,955.75 21,991.93 16,880.97 chargeable to her builder, the board would have recommended the .Approximate per~ntage of acceptance of the boat. contract cost for changes The Dolphin had met all the requirements of the Government, and additions------3t 3t 3l 5 both as to speed and structural strength, seven months before the Attorney-General had even been called on to render this un­ That House bill No. 628 or Senate bill1116 are just and merito­ precedented opinion. rious bills can not be doubted. That this Government is justly On page 336, Secretary of Navy's report for 1885, in the report indebted to the legal representatives of John Roach can not be of the Naval Advisory Board, they say: uccessfully controverted. But it has been impossible in the con­ The speed, bein~ entirely de1>endent upon the design of the vessel, wn.s not sideration of this claim to go at once to the merits of these bills included in any stipulations of the contract, and the whole responsibility for without first considering the underlying misfortunes that led ullup it rests on the designers. to the downfall of Roach, and this could only be done by a f Again, in the very report of the board of examination on which and fair consideration of the history of the construction of the the opinion of the Attorney-General was based, it is said: dispatch boat Dolphin, because out of the construction of this boat In justice to the contractor it is proper to state that the plans exhibited arises the claim that I present to this Honse here and now. to the board and those furnished the contractor are very meager, and by no The hindrances-difference in opinions, constant changes being means provide for a. vessel of adequate strength for the us'3s for which the Dolphin was intended. (See Secretary of Navy Report, 1885, page 30-3.) ordered by the advisory board, the lack of experience and per haps jealousy among officers chosen by the Secretary of the Navy And again, in the report of Captain Meade, made after the ac­ to supervise the construction of this boat, the breaking of a steel ceptance of the Dolphin by the Gi>vernment, under date of March shaft, against which John Roach had filed his protest-all these 20, 1886, is found the following: difficulties resulted in deferring payments that would othenvise To sum up, I consider the Dolphin reasonably strong and her machinery reliable. As to the lc.tter, there is too much of it. It occupies too much have been due and paid, and, finally, in addition to this assemblage space, n.nd seems to have been carefully designed to employ a.s many men as of annoyances, came the crushing and final blow of the Attorney­ possih!e. The general plan of the ship and machinery L unsatisfactory. In General's opinion. my judgment, a vessel like the Dolphin iswhollyunsuited t-o the needs of our Navy. The internal arrangement has many ab urd features to the ere of a Then followed the assignment of John Roach. practical seaman, but on the whole, except as to rough work, my Criticism You may now readily see, gentlemen, how it is that a builder of this vessel concerns the designer rather than the builder. (See Senate and contractor may be annoyed by these eternal and interminable Document 153, page 72.) changes thus ordered. Every one of these changes consisted of But, Mr. Chairman, this opinion of the Attorney-General, declar­ matters that had not been theretofore proposed. It changed the ing the contmct for the construction of the Dolphin null and void, deck, changed the strength, changed the internal and external rendered seven months after the vessel had been completed to the arrangements of the ship, and it took time, and time is what satisfaction of the Government, caused the downfall of old honest killed John Roach in the end. John Roach. _ The immediate and unavoidable consequence of that assignment A burden was thus placed on John Roach that proved too great was a discontinuation of his ability to obtain money from the for him. It not only ruined his business, but it killed him. He various banks to continue the work on the cruisers, and he noti· died with a broken heart. The death blow was struck by the rep­ fied the Government of the United States July 20,1885, that work resentatives of a Government he tried so faithfully to serye, a had stopped on the Atlanta, Boston, and Chicago. Sixteen days Government he loved so well. after this notice, to wit, August 6, the Secretary of the Navy took John Roach died, as we believe, of a broken heart, on the 10th possession· of the vessels. This the Sec1·etary had a right to do, day of January, 1887, at New York, eighteen months from the and it was his duty to do it. Without any particular phraseology time this opinion of the Attorney-General was delivered. His to be found in the contract, the obvious steps for the Government death was a national calamity. The maritime interests of a civ­ to pursue was to go on and finish the vessels, and on their com ilized worid.mourned at his bier. The American people felt that pletion adjust the accounts with Mr. Roach. they had parted with a master mind, a brave heart, a noble, hon­ The contracts for the construction of these vessels wore very est soul, and a loyal citizen of this Republic. [Applause.] explicit upon that point, and no one questions the authority and This opinion of the Attorney-General came like a clap of thun-· the duty of the Secretary to go on, "without unnecessary delay,' der out of a clear sky. It startled the country a.nd crushed the clau el3; butithasbeeninsistedeversincethe20thofJuly 1 5, greatest of America's shipbuilders. The opinion, among other by Mr. Roach, by his a signees, and now by his executors, that things considered, reached the conclusion that it was the duty of the Government exercised their right to complete these vessels in the Secretary of the Navy to proceed against John Roach for the a manner which imposed upon Mr. Roach and his estate a very recovery of all advance payments made to him on account of the large expenditure of money which would have been unnecessary 1898. CONGRESSIONAL RECORD-HOUSE. 3053 if the Government had acted with the promptness demanded by Forty-ninth Congress, of weights and measures. I say to the gen.. due consideration of his interests. tleman that this material could just as well have been weighed It appears from the report of the committee that the Atlanta and counted at the time they were being put in the vessels, and the · was not completed until June 28, 1886, nearly eleven months after work in that way be expedited, as to have the work stop and the the right accrued to the Government to complete the vesseL vessels lie there until the inventory was completed. The Boston was not completed until August 28, 1886, more than Mr. ROBB. Now, I desire to ask the gentleman, further, if the thirteen months after the Government's right to complete, and the law under which these contracts were made and the contracts Chicago was not completed until June 21,1887, which was twenty­ themselves did not provide for persons other than the advisory three months and one day after the right of the United States to board to make this appraisement and inventory, and if it was not complete the vessels accrued. Now, the affidavits of Mr. Weed necessary for them to make that before the Government could go and Mr. Quintard, both gentlemen well known in the shipbuilding ahead in the completion of the contracts? trade and perfectly familiar with the history of these vessels and Mr. MINOR. No; that is not so. The fact is, parties who were with the obstacles to be encountered in the construction of all ves­ appointed to assist in this inventory were parties who loved their sels, say·that at the date of the assumption by the Government of job, and the longer they could hold it the better it suited their this work there remained to bs done upon these vessels work, and purpose. [Applause on the Republican side.] there remained materials to be furnished, which reasonably would Mr. ROBB. Where is there any evidence of that? not have consumed more than four months for the Atlanta, four Mr. MINOR. It lies in the fact that the yards were idle one months for the Boston, and seven months for the Chicago. hundred and thirteen days. By the way, let me remind you, we It is well known by all persons familiar with naval architecture do not charge a cent for that in this bill. that the art of building war vessels has bearing upon it at all hours Mr. BRUMM. That is the fact. and on all days the concentrated attention of the brightest minds in Mr. MINOR. Mr. Roach's assignees, on the 17th day of October, every nation that maintains a navy. Consequently those charged complained, as appears in the document already alluded to, as with the construction of these vessels desire every week, indeed follows: every day, to embody in vessels under construction the improve­ MoRGAN IRoN WORKS, New York, October 17, 1885. Sm: We beg to call your attention to the fact that while your letters of ments which are suggested from all quarters of ·the globe, either July 25 and August 11 indicated the course you intended to pursue in com­ by experience with vessels afloat or by the students of naval archi­ pleting the Atlanta, Boston, and Chicago, nearly three months have been con­ tecture engaged in the development of the art. Hence it was sumed in taking the inventory and making the appraisal provided for in the that the ahicago, instead of being completed in seven months, was contract, although under the conditions upon which you proposed completing completed in twenty-three months, and the Atlanta required the work this action is but a formal one- eleven months and the Boston thirteen months, respectively, in­ Mr. BRUMM. The report of your own board. stead of four months. Mr. MINOR (continuing)- The precise condition of these vessels at the time the .work as the amount expended is to be deducted from the sum due upon final set­ stopped, on the 20th of July, 1885, is set out with unusual clearness tlement. We are, in the meantime, compelled to pay large amounts for in­ sura.nro and other expenses on the vessel The best season of the year is in Senate Executive Document No. 153, Forty-ninth Congress, passing for doing the work, and the workmen who might be employed are first session, at pages 204: and 205; in fact, pages 185 to 253 of that suffering for the means of subsistence. document contain nothing but inventories and appraisals of Mr. ROBB. I would like to ask the gentleman a question. these unfinished cruisers at the date when John Roach abandoned Mr. :MINOR. I do not care to be interrupted any further. their further construction; but the result of these reporta are col­ Mr. ROBB. There is a dispute between the gentleman from lected in the official communication of the Naval Advisory Board Pennsylvania, the chairman of the committee, and myself. I want to the Secretary of the Navy of October 9, 1885, page 204:. to know if you read that as the report of theNa val Advisory Board? The contract price for the Atlanta, including extras, was 661,- Mr. MINOR. No, I did not~ 978.16, which the board divides into 620,387 ~ as the value of the work already done, and $41,591.15, as the expenditures necessary Mr. BRUMM. That matter that was merely formal is the re­ to Atlanta port. complete, showing on the that about 93 per cent of that ::\ir. MINOR. -Tha.t matter that is merely formal is the report. contract had been completed and not quite 7 per cent remained to Mr. ROBB. And what you are reading is what Quintard and be done. For the Boston the contract price was $660,218.74, which they Weed had to say? · ·divide into $610,023.44: as completed and $50,195.30 work to do Mr. MINOR. Not the formal part. The matter that was done, making about 92 per cent completed and 8 per cent to com­ merely formal is in the report. It appears to us that the time occupied in making the inventory and ap­ plete. praisal has been unreasonably long, even were the conditions such that an For the Chicago, the total contract price, $933,692.11, as a total absolute settlement was to be had based upon the result. · contract, divided into $727,64:6.71 as done, with$206,04:5.40tocom­ We would respectfully ask if you can not consistently expedite this matter plete. In this case the percentage was 65 per cent coii4>leted and especially as the engine and boilers for the Chicago, which are inNew York and require about ~weeks' labor to be made ready for shipment to Chester, 35 per cent remained to be done. Inasmuch as the contracts re­ where the hulllS, can not be sent through the canal-the most feasible way quired these vessels to be completed in eighteen months, and as of shipment-after about the loth of December. both parties asslll}led that that was sufficient time to complete Yours, respectfully, GEO. W. QUINTARD, them, it will readily be seen that by any statement of calculation, GEO. E. WEED, such as business men use for the conduct of their business enter­ Assignees. prises, the estimates of Mr. Quintard and Mr. Weed are very lib­ Hon. W. C. Wmn.'EY, eral indeed, as toward the Government, as to the length of time Secretary of the Navy, Washington, D. C. necessary. The bill before the House makes no allowance for this unduly Although the work stopped on the 18th of July, 1885, and the prolonged period of idleness. The injury done to Mr. Roach Government took possession of the vessels on the 6th of August, throughout his vast yards and in his extended business can not be 1885, the actual work of completion, which the Government by estimated in dollars and cents, and the claim presented contains this contract with Mr. Roach had agreed that it would perform nothing for these three months although 5,300 men had been in case of his failure, did not commence until the 9th of Novem­ thrown out of employment and $2,000,000worth of plant was idle. ber. From the 18th of July until the 9th of November (113days) Between the time that the work commenced, November 9 1885 Mr. Roach's yards and shops were absolutely idle-no steam in and the respective dates of completion of these vessels ~e th~ the boilers, no fire in the furnaces, and no workmen doing any periods for which compensation was asked in this bill-that is work. Thus the time consumed by the Government in getting to say, for so much of each period as is in excess of the time rea­ started would seem to the ordinary observer as very unnecessary sonably allowed by Messrs. Quintard and Weed in their affida­ indeed. vits. As I have ah·eady pointed outl this time allowed by them Mr. ROBB. I should like to ask the gentleman if the contract is far in excess of an arithmetical computation of the work that between Roach and the Government did not require the Govern­ was to be done. ment, if it took charge of the property, to make an inventory and When these vessels were completed and adjnstment made be­ appraisement before entering upon the work and completing the t~een the UD;i~ed States and Mr. Roach~ by which he was charged building, and if the Government during th~ time you speak of With the additional expense of completing the vessels, his claims was not engaged in making that inventory and appraisement? for i~surance, fo~· the occupation of the yard and machine shops, Mr. MINOR. I want to say in reply to the gentleman that that and ~or the run~nng e:xyenses of the permanent staff during that matter under the contract is indefinite. No specific method for portion of the t1me which was exaded by the Government for its taking the inventory is prescribed. They could proceed upon any own purposes _were prese;nted to the Secretary of the Navy, but theory they desired, so long as the inventory was taken, but I want were not collRldered by h1m, on the ground that he had no juris­ to suggest to the gentleman that if that Naval Advisory Board had diction to pass upon them. A settlement was effected however bad the interest of Mr. Roach at heart they would have com­ between Roach's representati-ves and the United State~ of every~ menced work on the ship the same day they commenced the inven­ thing ~cept these items, and it was, a:~ appears by the report of tory, because every pound of metal was weighed and every rivet the committee, expressly stipulated that these matters should re­ counted, and there are 65 pages of Executive Document No. 153, main open between the parties to be adjusted by Congress. ., 3054 CONGRESSIONAL R,ECORD-HOUSE. MARcH 21,

His claim is now before the ultimate tribunal which passes upon an honest man. He died with every debt paid, and his obligations controversies of this kind. Congress has before it all the evidence to the world were honestly discharged. that can be available, and the report of the committee, excluding, John Roa.ch was a patriot; he loved his country and respected 'as it does, all claims for the period between the 18th of July and its laws; he gloried in American progress, and with a generous the 9th of November, presents a very small portion of what would hand he contributed to every laudable enterprise; he carried the be necessary to make Mr. Roach and his representatives whole burdens of citizenship cheerfully; he assumed the cares and per­ for the delays of the United States in the completion of these plexities of life like a philosopher. But, sir, when the misguided three cruisers. The report of the Committee on Claims shows the but heavy hand of this Government was laid upon him he went items of claim and the evidence to sustain them, to wit: down to his grave. · ·occupation of shipyards and plant ....••..•. ------$247,578.00 But, sir, the last breath he breathed was an American breath; Insurance paid out------······------...... 11,163.19 the lash words he uttered were words of love for his country and Wages for permanent staff------71,409.52 its flag. [Loud applause.] Total ... ___ •....•••...... •...... ------... •...... •• . ..• 3JO, 151. 71 I desire to append to my remarks the following appropriate and Mr. Chairman, we concede the right of the Secretary of the just tribute to Mr. Roach by one who knew him well: Navy to do just what he did under the circumstances, namely, to A FEW WORDS IN MEMORY AND IN HONOR OF THE LATE JOHN ROACH, WHO enter upon and take charge of this property for the purpose of DIED ON JANUARY 10, 1887, IN NEW YORK CITY. completing these ships. [By Nathaniel McKay.] The visits of kings are announced by royal proclamation and by the pomp We say that in doing this he was exercising a wise discretion and trappings of princely splendor, the fame that hedges the accident of within the authority vested in him by virtue of clauses 11 and 12 birth, and the groveling horde of fawning sycophants that thrive and fatten of this contra.ct. But, sir, while we are willing to concede his in the· sunshine and smiles of imperial patronage. Emperors who travel to foreign lands are heralded by flunkeys and cou­ right to do this, we insist on Roach's rights under clause 13 of riers, have their arrival welcomed by courtly presence, by the blare of trum­ that sa.me contract. We protest here and now against the right pets, and the grand reviews of tinseled guards and feathered captains, who of this Government to use one portion of this contract to insure bow low and obsequiously to do them homage. Kings and prince~;~, nobles and potentates, come to view as nations pass in ·it against loss, and then to turn around and absolutely ignore and panorama, and sink to obscurity and are forgotten; but the tire of genius disregard the only clause in the same contract that contained the ne'er pales on the page of history. smallest measure of protection for Roach. I refer to clause 13, Dotted along tb,e pathway of national Jife like milestones upon the high­ way, men of great intellectual power, richly endowed by nature with rare that reads as follows: sagacity and foresight, with prophetic vision of future needs, who compre­ Clause 13. In case the Secretary of theNavy shall proceed, under the fore­ hend thefresent and discount the drafts of time, invariably attract the at­ going clause, to complete the work, such procedure shall be without unneces­ t-ention o mankind and impress the world by the splendor of their achieve- sary delay, etc. , ments. - There came to this country from the "Emerald Isle," the garden spot of I challenge any officer of this Government, or any member of genius, unnoticed, unheralded, and utterly unknown, Mr. John Roach, at the this House, to successfully maintain that clause 13 of this con­ age of 14 -years, who, by the inherent force of mental power, tireless energyi tract was not violated. It was violated, and on this indisputable and ceaseless toil, has left an imperishable name engraved high upon the rol violation 1·ests the justice of this claim. Think of it! From the of honor, written upon ships waving the Stars and Stripes, which have b6en tossed by the billows of every sea~.and emblazoned u~on the pages of the 18th of July until the 9th of November not a blow struck; all was naval archives of this great Republic. These great ships, built in America, idleness, still as death, where so recently 5,000 men found em­ advertised the name, skill, and wealth of America in every land and on "~~ ' ployment; one hundred and thirteen days of idleness, all as silent The brilliant and unequaled services of Mr. Roach to mankind in the ad· as a tomb, and then for a moment consider the unnecessary delay vaucement, development, and expansion of civilization and extension of in completing these ships after the Government had resumed work commerce outweigh the worthless and useless lives of a hundred kings. It seems almost incredible that a mere lad, without money, without friends, on them. and without a technical knowledge of the art of shipbuilding, coming to this The Chicago, instead of being completed in seven months, was country a perfect stranger, could have achieved snch stupendous results as not completed till twenty-three months had passed. The Atlanta crowned his efforts in the brief period allotted to man's activities. - required eleven months and the Boston thirteen months, respec­ He possessed mechanical abilities of the very highest order; in the depart­ ment of pure mechanics he probably never had a superior. In original de­ tively, instead of four months. signs. form, and fashion of vessels, embodying strength, economy, durability, Now, who will rise and say that clause 13, requiring that this speed, and safetv, he was simply peerless. · work be prosec.uted by the Government, has 'not been violated? He was the champion of iron-ship building in this country, and always maintained his supremacy in that modern method of marine architecture. I say her_e is a plain, palpable, and unnecessary violation of con­ His advanced ideas and his practical demonstration in the construction of tract; and on that proposition I am willing to rest this case. iron ships aroused the greatest apprehension and awakened the deepest in· And in addition to that I desire to say that if it became neces­ terest in the Scotch and English shipyards-a fact that stimulated Mr. Roach to the grandest and proudest triumphs of his life. His contracts with pri­ sary for private corporations owning shipyards in this country to vate parties and with the United States Government were uniforml:y marked turn them into kindergartens to teach naval officers, they ought by a thorough and com~lete knowledge of the science of shipbuilding in its to be entitled to a tuition fee. [Applause.] minutest detail, and he mvariably carried out his promises and agreements with the sttictest integrity and a punctilious regard for the letter, intent, In closing these remarks, 1\fr. Chairman, I am glad to believe and spirit of his contract. - that there is no basis for making this a political question. . His ships are to-day models for inferior mechanics to imitate, as they have 1\fr. Whitney came to the Navy Department without previous won the admiration and praise in every port of the world where high-class skill in shipbuilding is understood and appreciated. He drew his plans and experience in marine architecture, but ardent in his desires to specifications with mathematical accuracy; directed and guided his foremen . carry on the policy of building up our Navy. with unerring knowledge, showing in every part of a ship's construction the A new policy had been entered upon, and the responsibilities touch and skill of a master's hand. . He evinced in every department of his immense business the highest tyJ>e resting upon the Navy Department were grave and weighty. of au able mechanic; he could instantly detect a fault in any part of a s:&ip, He assumed theseresponsibilitiesfearlessly, depending, of course, and the slightest departurs from his plans or specifications w-hich had es­ on the officers of the Navy and a patriotic people to sustain him. caped his foremen he seemed to discern by clairvoyant vision. He possessed I believe he did the best he could with the light he had on the in an eminent degree every quality of a great mana~er. His order, punctu­ ality, kindness to employees, gentleness. and digmty of demeanor to all subject. classes of citizens, sympathy for those who were unfortunate, generosity, and Mr. Whitney is a loyal, progressive American citizen, one in the nobilit.y of his nature won for him the admiration and homage of all who whom may be found the higher qualities of citizenship. That he bad the pleasure of his acquaintance. · Mr. Roach's vigilance and energy, as well as his executive capacity, have was deceived and led into byways that ought not to have been been so strikingly demonstrated that anything more than a simple reminder trod by him is true; but, Mr. Chairman, let us be charitable and is now needless. He has obtained by personal exertions contracts from in­ say that on the whole he served his country well. dividuals and corporations throughout the Union, and has justified the judg­ ment in his favor by meritorious fulfillment. He has given an enviable char· Mr. Chairman, a word in behalf of the greatest American ship­ acter to his works by skill and excellence in execution, and has made America builder of his time-John Roach. He began the art of shipbuild­ famous on land and water by a thoroughness and fidelity that rendered his ing in his youth, without wealth, and among strangers; but, sir, manufacture a valued one on nearly every ocean on the globe. In the employment of large bodies of men he lias benefited hundreds of his was a noble spirit. Be possessed in a large measure those families, advanced the prosperity and marvelous thrift of Ohester and New sterling qualities that are met with in no country so often as in York, and. in his successful season, dispensed a judicious charity that can not our own America, qualities that have so freely contributed to the be too highly praised, and it is also kept in grateful remembrance. In his death we are d~prived of an example of enterprise and of productive and progress of our people and the upbuilding of this Republic. well-organized work that is not so commonly presented as to reconcile us to John Roach with rapid stlides mounted to the head of his his loss. profession. He became the proprietor of works valued at $2,000,- To the workingmen his presence was most directly beneficial, until over-­ 000. He built 120 of the finest ships that had ever been launched. whelmed by reverses which no ability could avert; the encouragement to skilled labor he wa..q able to offer and the emulative character infused into all These ships aggregated 196,500 tons, and were justly regarded as the establishments were benefits valuable in other senses than a pecuniary the highest types of marine architecture. one merely. - These Rhips carried our flag in every clime and to every port on As the head of a great and important establishment, the largest in the Western Hemisphere, he was emphatically without a rival and without·& the globe. The beauty and symmetry of these ships found words peer. To the poor he was always generous, without counting the thousands of pra:se on every lip, and while expressions of commendation he gave; his sympathy and heart were as generous as those of a child to the were being lavished on the ships, the eye would glide aloft and needy. I Will not undertake the task of enumerating the vast fleet of ships which there behold the starry banner of this Republic, and then ·uncon­ the pressin~ energy and indomitable will of Mr. Roach set afloat upon every sciously came the thought, ''This is American." John Roach was sea. The Cit'll of Tokio, the' Oitv of Pekin, Cit11 oj Rio de ·Janeiro, Oit71 of Para, 1898. .CONGRESSIONAL RECORD-HOUSE. 3055

JLD.d the Pilgrim and US other ships, aggregating a tonna~e of 196,550 tons, embarrassment that he became unable to continue and complete the cruisers were justly regarded, when completed, as the grandest trmmphs of marine Atlanta, Boston, and ChicafJO. architecture. General Grant, when in the midst of his glory, admired these "And on this account John Roach made an assignment to George W. ships as the masterpieces of American workmanship and Rkill. He visited Quintard and George E. Weed for the benefit of his creditors on the 18th of them all, and made passage in one to Boston with Mr. Roach. He always July, 1885. The works at New York employed 1,500 men, the shipyard at sought the advice of Mr. Roach in recommending the American marine, as Chester 3,000 men and the rolling mills and furnaces connected with these well as building up the Navy. works employed 800 men. All of these vast works were clo ed for over four The Puritan, Mi antonomoh,and the White Squadron were superior to any­ months by the enforced idleness caused by the action of the Government. thing afloat in Western waters\ and are to-day splendid specimens of the "On the loth of November, 1885, Commander Robeson, acting under the shipbuilder's art. The U. S. cruiSers Chicago, Boston, and Atlan ta were built instructions of the Secretary of the Navy, received the Dolphi n at the Brook­ by Mr. Roach, and when inspected by the most competent naval architects lyn Navy-Yard, and never again was the destructive opinion of the Attorney­ and others skilled in shipbuilding were admitted to be far better in work­ General cited by any officer of the United States either as an exposition of manship, form, lines, and beauty of model than anything that had hitherto law or as a ground for either action or inaction on the part of the United been produced in the country; and those wonderful ships placed him easily, States. Concerning the general excellence of the Dolphin the Secretary of and deservedly, in the front rank of American shipbuilders. the Navy said, in his report of November 30,1889 (pages 6, 7): But Calamities follow genius; adversity shadowed his path, and misfor­ "The record of the Dolphin, which vessel began with a speed of 15.11 knots tunes and disappointments often crush the heart that beats in unison with on her contract trial, and which has recently returned from a cruise around honor and throbs synchronously with his country's pulse. He aspired to the world, is not less satisfactory. The results of the inspection of the ves­ the highest perfection and grandest achievements in the line that has made sel, after she had been three years and nine months in commission are re· his name famous and honored in both hemispheres. ported by the board of inspection, under date of October 2,1889, as fohows: The great calamity that overshadowed Mr. Roach was on July 18,1885, when "'The material used in the construction of this vessel and the workman­ he made an assignment for the benefit of his creditors on the condemnation ship speak well for the designers and the builders. Aside from the slight re­ of the Dolphin and the uncalled-for opinion of the Attorney-GeneraL At that pairs to her beru·ings, she is ready for another cruise. By the most liberal time there were but two days' wages due the employees of the works, and estimates the work in the construction department can be done inside of a the following notice was_posted on one of the large doors: "Closed until fur­ month. This. the first of the new navy, makes a splendid showing for struc· ther notice. Wages for Friday and Saturday will be paid by James Mooney tural strength. fine material. and good care.' at 5 p. m. Monday." " ' Her captain reports that she can average 14 knots an hour for any length It was the pride of his life to fulfill every obligation that he made, and by of time, and under favorable circumstances she can run 16 at sea. the efficient management of the assignees, George W. Quintard and George " 'In the course of her cruise the Dolphin has rnn 58,000 miles in twenty E. Weed, whom Mr. Roach appointed himself, they have all been honored months, and has been under steam niue thousand hours. In this prolonged and paid in full with the same care as if they had been carried out under his run she has been stopped for re:{>airs but onr.e, and then for only two hours. supervision, or even executed with his own hand. While he was fighting the This performance is probably Without a parallel in the history of naval ves­ battle of life for existence, he wrote me to come and see him; I did so, and he t>els, and bears conclusive testimony to the high skill of American artisans expressed at that time his great anxiety that his shipyard in Chester should and the excellence of their work. Nor is it the less remarkable, in view of continue in operation, and thus add to the success and trinmph of American the confident predictions with which, at the outset of her career, the official commerce, which he had devoted so much time and energy to accomplish. condemnation of the vessel was somewhat prematurely pronounced by ex­ ln fulfillment of this desire, since his death, it has been in fnll operation pert and inexpert judges. under the able management of his son, John B. Roach, and George E. Weed, '' 'It is therefore proved by the test of actual cruising that the first modern and I am gratified to say that his desires have been accomplished far beyond experiments of the Department have come close to the highest standard of his expectation. At his death he left his bereaved and devoted widow and speed which had been reached at the date of their design, and that in struc­ children a handsome estate. tural strength, endurance, and workmanship they are not inferior to auy­ These thoughts are painful and full of sorrow. Mr. Roach, under a con­ thingnow afloat.' _tract with the Secretary of the Navy, built the beautiful and historic Dol­ "The works at Chester were capable of producing ten large-class steamers phin; after many trials, in which she fully vindicated every claim, and sus­ per year, or over 28,000 tons per year, and were valued at $1,000,000, and the tained every provision and paragraph relating to speed, strength, and furnaces alone for making the iron for the ships cost $250,000. (See United capacity, as set forth in the contract, she was rejected by the Secretarr of States Census Report for 1880.) - the Navy for alleged structural weakne::>S, though upon a careful and critiCal "The Morg-an Iron Works at New York were valued at $702,000, and they examination the weakness was found to be in the peculiar methods and ma­ were all kept in enforced idleness by the Government. nipulations of the distinguished board of experts that examined her, and the "John Roach died inthecityof NewYork on the lOth dayof January, ·desi&'Jling Attorney-General of Cleveland's Administration, who gave an 1887." opimon that the contracts for the Chicago, Boston, Atlanta, and Dolphin Mr. Roach clearly demonstrated tha.t the Dolphin was a strong, stanchJ were null and void. and magnificent ship, fnlly equal to any vessel of her class afloat to-day, ana This broke the heart of the greatest American shipbuilder the world ever was so conceded by eminent authorities. produced. It was made by the order of Grover Cleveland to break down I once criticised the Dolphin in an article relative to her air-tight fire room, this American industry and ruin Mr. Roach, which it did. A great Govern· which was in the contract and not put in the ship. It was omitted by the ment makl3fi~ontrncts, vast in their amounts-$2,«0,000-and in the midst advisory board, under whose instructions Mr. Roach built the Dolphin. I of their fu ent the head law officer of the Government endeavors to con­ said nothing about her structural weakness, and was not informed, when I vince the country that the contracts were not legal. Such an uncalled-for wrote the article, of the order not to put the air-tight fire room in the ship. opinion would rum the best and strongest national bank in the United States; And [ write this article in memory of a grand and noble-hearted man, to do but the public press of the country scorned with contempt its wording, and his memory justice. · it had no force or effect, but at the time ruined Mr. Roach's credit. I here I here quote an extract from the report which Rear-Admiral Jouett made quote from that infamous opinion, as follows: on the Dolphin when she returned from a trip around the globe, which · "The obvious intention of this was to relieve the contractor of all duty speaks for Itself, and places beyond question the language of that infamous and responsibility as to the speed and power of the ship, and make it feasible opinion of the Attorney-G-eneral. Rear-Admiral Jouett is one of the most 'to force upon the United States a ship wanting in the prime quality of speed faithful and able officers or the United States Navy; he made a thorough and fundamentality different from what Congress authorized and was de­ examination of this ship on her return: sirous to secure. It needs no further discussion to show that what was thus ' The vessel has been thr~ years and nine monthsin commission. Consid­ attempted was wholly out of the question. erin~ the service performed and her present admirable condition, she is very creditable to the service. She can average H knots an hour for any length of ''NATURE OF THE CONTRACT. time, and under favorable circumstances she can run 16 knots at sea. With a "But the contract is an entirety, and does not admit of being broken up few improvements this vessel could be duplicated with credit to the Depart­ into fragments so as that what is good may be enforced and what is bad ment and country. I know of no vessel possessing so many qualities and rejected. The stipulation which was intended to relieve the contractor of comforts to officers and men." responsibility for the power of the engines, and, as a necessary consequence, My object in quoting so much about the Dolphin is on account of the great for the speed or the ship, forms a large and most important part of the con­ injustice done Mr. Roach by the Democratic Administration. They were sideration coming to him from the Government. It is impossible to say determined, when they entered the departments, to ruin any Republican what w·as its bearmgs on the whole contract, nor is it material to do so, inas­ shipbuilder that was in their power. It was not only the Dolphin they were much as it and the other covenants of the Government constitute one entire after, but they investigated every- contract that was made by Mr. Roach for and individual consideration, the invalidity or illegality of any element of twenty years, thinking they would find some dishonest measures or accounts which must necessarily vitiate the whole and abrogate the contract. of his on file in the Navy Department. They failed in every attempt they * * * "It follows then that no contract exists between Mr. Roach and made. Even Congress, with its great power-when the Democrats controlled the United States, and that the large sums of money which have been paid the Honse, was always investigatin~. Mr. Roach have passed into his hands without authority of law and are held He gave the committees of investigation all the information that he had in by him as so much money had and received to the use of the United States his possession, and opened his book.~ and papers and contracts to all investi­ and may be recovered from him. And not only so, but the money thus paid gators. He was fearless and uncompromismg with the Democrats. He would him by officials holding a fiduciary relation to the Government having gone sit for days to be examined br, these committees, under oath, appointed on into the ship Dolphin, a court of equity will follow it there, and for that pur- purpose to break him down, if 1t were in their power. • pose entertain a proceeding against the ship itself. * * * . Mr. Roach always came out triumphant, and he was vindicated in every "I have the honor to be, sir, your obedient servant, transaction he ever had with the United States Government. "A. H. GARLAND, Mr. Roach was in every respect in advance of all com:{>etitors in his line, ''Attorney-General. was a ~natant a!id ceaseless worker in d~vising and ~r1ginating improve­ "The SECRETARY OF THE NAVY." m!'lnt~. mau~ra~g !J-ew styles, a~d graspmg suggestions for practical ap­ plicatiOn, unt_il his ships were unrivaled througl}out tl}e commercial world. · Senator BURROWS, in his report on the bill (S. 754) for the relief of the He devoted his &Teat talents and used every available mfluence to build up heirs of John Roach, Fifty-fourth Congress, first session, made the following American shippmg (of .d.merican material) and American laboring interests statement with reference to the contract: of this country, which have languished under the listless inaction and stupid "On the 30th of June, 1885 (see Annual Report of Secretary of the Navy, policy of Congress, until even the coasting trade is largely carried on in for­ December, 1885, page 318), the Attorney-General rendered to the Secretary eign bottoms, to the West Indies, which is a stinging commentary u;pon the of the Navy his opinion that the contract with John Roa-eh for the construc­ inexplicable indifference and lethargy that have paralyzed CongressiOnal ac­ -tion of the dispatch boat Dolphi n was null and void (although at that date tion in applying the proper remedy. Roach had substantially completed her), on the ground that the contractor He labored earnestly for months and years, by night and by day, with was not req_uired by the contract to fm'nish a speed of 15 knots irrespective Congress to cc.nvince them of the great advantage the American working of the drawmgs furnished by the United States; and, further, that suit should people would derive if Congress would aid our shipping. be brought to recover from him the installments, $315,000, received by him '!'hose efforts on the part of Mr. Roach were wellknown to every Henator from time to time on the Dolphin. and member of Congress for twenty years and thoroughly understood and "The gist of this opinion was, that he was bound to furnish a certain speed fully appreciated by the citizens of this country. He was confessedly at the and at the same time to comply with drawings which he neither furnisl).ed he!ld of the shipbuilding industry of the Republic, and, as such, was a con· nor controlled. Because this contract provided relief for the contractor sp1cuous fl~re to ~rush ou~, which was nearly accomplished by the rejection from the Bpeed provisions in case the defect was in the drawings; because of the Dolph-m, which has Slnce proved the hollow mockery of the inspection the contract did not impose upon the contractor the penalty for the failures and the liaseness of the transaction by steaming over 58. 000 miles on her of the United States, the Attorney-General thought the contract was void cruise around the globe and maintaining in every detail the record that was from the beginning. claimed for her by Mr. Roach. . . "The promulgation of this opinion on the 12th of July, 1885, impaired and Her trial in honest and competent hands has more than established all tha~ destroyed John Roach's financial credit, and inflicted on him such financial was asserted in her behalf, all that was set forth in the contract, and haol 3056 CONGRESSIONAL REOORD-HOUSE. MARcH 21~ stamped the cruel, sham, and heartless condemnation as fraud, placed upon time of some gentleman, and the Chair stated at the time that it a worthy and noble-hearted man to gratify political enemies. Mr. Roach earned the animosity of small politicians by his robust honesty, fra.nkness.J would be read in the gentleman's time. and adhesion to his convictions of squarE' dealing, and he held in deservea Mr. BARTLETT. I called for the reading of thQ report. contempt and derisive scorn the petty measures, meanness, sharp prad:ice, Mr. BAILEY. The gentleman from Missouri [Mr. ROBB] did and the quibblin~ subterfuge of the slippery politician, who slimes his path to Congress by disreputable t.actics, trades upon his position, and barters the not at that time take the floor. He only called for the reading of expectations of waiting and hoping constituents for higher prospects and the report, which was done without objection. promises of personal gain. The keenness and asperity of his feelings, and The CHAIRMAN. The Chair will say to the gentleman from sentiments for that class of political parasites, were greatly intensified by the transparent intrigue that preceded the policy resulting m the rejection Texas that the gentleman from Missouri [Mr. ROBB] took the of the Dolphin. · floor. The Chair a warded him the floor, and then turned to the Mr. Roach represented and combined in his person every quality, trait, gentleman from Wisconsin and said he would recognize the gen­ and attribute that truly ennobles, refines, and exalts human character. His career stands out like a mountain promontory, and marks an epoch in the tleman from Wisconsin, who reported the bill, if he desired. The history of American shipbuilding, as his name isindissolublyconnected with gentleman from Wisconsin said he did not, and then the Chair the rise and expansion of our American shippin~ industry and Navy and the rer.ognized the gentleman from Missouri splendid ships that were built nnder his superVlSion. He commenced the voyage of llie without wealth, prestige, influence, or Mr. BAILEY. Myunderstandingwasthatthe gentleman from friends, but at the helm of his sturdy craft there was an irresistible, pure, Missouri did not even seek recognition. I will not use the time and strong moral force, with a chart of unquestionable integrity and a. com­ now to discuss the matter. pass boxed by high resoln:!s of inflexible, unswerving duty and honest effort, I ( . sustained by an iron will. that directed his bark to a haven and an anchorage Mr. DOCKERY. ask unanimous consent that my colleague of a. spotless and unsullied name, as a legacy for his heirs and a priceless be allowed the additional time consumed in the reading of the heritage for his country. report, or, say, thirty minutes. It may be truly said of Mr. R-oach, "We shall never look upon his like The CHAIRMAN. The gentleman from Missouri asks unani­ again." A grand character, a most notable and conspicuous figure among the leading men of the country, has passed to the silent and shadowy realms mous consent that the time of his colleague be extended for thirty unknown to man. minutes. Is there objection? The death of such a man is a national calamity, an irreparable loss, and Mr. GROSVENOR. There is objection, unless a like extension leaves a void among the greatest mechanics of the nineteenth century. can be made on the other side. The Chair plainly announced that MR. ROACH ON THE PROTECTION OF AMERICAN LABOR. the report would be read in the time of the gentleman from Mis­ "Every American shop, when I was a workman, was an international con­ souri. I heard the announcement. gress of labor." (Before a committee of COngress on the decline of American tonnage, 1868.) Mr. DOCKERY. I certainly shall have no objection to an ex· But he needs no epitaph to remind the passing stranger that he once lived; tension of time on the other side. he requires no sculptor to point in marble to his re ting place. His memory The CHAIRMAN. The gentleman from Ohio [Mr. GROSVE- will remain fresh in every port, his generous and noble gifts and benefactions NOR] objects. · are known in every harbor, and tho monuments of his genius float in every haven and offing of the world. He is now anchored in that beautiful harbor Mr. BRUMM. I move that the committee do now rise. "Where the wicked cease from tronbling and the weary are at rest." The motion was agreed to. W ASHINGTOY, D. C., July 6, 1896. The committee accordingly rose; and the Speaker having re­ . MESSAGE FROM THE SENATE, sumed the chair, Mr. PAYNE, Chairman of the Committee of the Whole House, reported that that committee had had under con­ The committee informally rose; and Mr. DALZELL having taken sideration the bill H. R. 2219, and had directed him to report the the chair as Speaker pro tempore, a message from the Senate, by Eame back to the Rouse with an amendment, and with the recom­ Mr. PLATT, one of its clerks, announced that the Senate had dis­ mendation that as amended the same do pass; also that the com­ agreed to the amendments of the House of Representatives to the mittee had had under consideration the bill H. R. 628, and had di­ bill (S. 924) to authorize the Washington and Glen Echo Railroad rected rum to report the same back with the recommendation that Company to obtain a right of way and construct tracks into the its consideration be postponed until Friday, Aprill; also, that the District of Columbia 600 feet, asked a conference with the House committee had had under consideration the bill S. 716, and had on the disagreein·g votes of the two Houses thereon, and had ap­ come to no resolution thereon. pointed Mr. McMILLAN, Mr. GALLL~GER, and Mr. GoRMAN as the The SPEAKER. Without objection, the conside1·ation of the conferees on the part of the Senate. bill H. R. 628 will be postponed until Friday, April 1. Is there The message also announced that the Senate had passed the fol­ objection? lowing resolution: There was no objection. Resolved, That the Secretary be directed to request the House of Repre­ sentatives to return to the Senate the resolution agreeing to the amendments The SPEAKER. The question now is on the amendment re­ of the House to the bill (S. 924) to authorize the Washington and Glen Echo ported to the bill (H. R. 2219) for the relief of the administrators Railroad Company to obtain a right of way and construct tracks into the Dis­ of Isaac P. Tice and others. trict of COlumbia. 600 feet. The amendmen't was agreed to. The message also announced that the Senate had passed the fol­ The bill as amended was ordered to be engrossed and read a lowing resolution; in which the concurrence of the House of Rep­ third time; and it was accordingly read the third time, and passed. resentatives was requested: On motion of Mr. GRAFF, a motion to reconsider the last vote Resolved by the Senate (the HotLSe of Representatives concurring) That the was laid on the table. Secretary ofWar is hereby directed to inform the Senate as to the cost of imJ?roving the Saginaw River from its head to a point in Saltinaw Bay, with SENATE BILLS REFERRED. a VIew of securing a channel150 feet wide and an increase of depth to 16 feet from the head of the river to the Third-street bridge in Bay l."'ity; thence a Under clause 2 of Rule XXIV,Senate bills of the following titles channel IDl feet in width to the Saginaw Bay with an increase of depth of were taken from the Speaker's table and referred to their appro­ the channel to 16 feet, said estimate to be based on the survey made pursuant priate committees as indicated below: to the river and harbor act of 1896. S. 3544. An act to provide for submitting to the Court of Claims The message also announced that the Senate had passed with­ for determination the rights of the Delaware Indians in the Cher­ out amendment the following resolution: okee Nation, the Mississippi Choctaws in the Choctaw Nation, the Resolved by the HotLSe of Representatives (the Senate concurring), That the Chickasaw freedmen in the Chickasaw Nation, and intermarried Secretary of War be, and he is hereby1 directed to furnish and report a plan persons in the Choctaw, Chickasaw, and Cherokee Nations, and for the improvement of the Homochitto River, in the State of Missjss1ppi, from and including its mouth to the Yazoo and Mis~issippi Valley Railroad, for other purposes-to the Committee on Indian Affairs. together with estimates of the cost of making such improvement in accord­ S. R. 88. Joint resolution 'providing for the appointment of a ance with said plans. commission, under the direction of the Secretary of War, for the The message also announced that the Senate had passed with­ preliminary estimates of cost thereof, for the construction of a out amendment bills of the following titles: ship canal, of approved width and depth, from the lower shore of H. R. 4698. An act for the relief of W. E. Judkins, executor of Lake Michigan to the Wabash River, and for the further investi­ Lewis McKenzie. gation of the practicability of the construction of such waterway­ H. R. 6542. An act for the relief of Eldred G. Davis. to the Committee on Railways and Canals. S. 1722. An act to permit C. R. S. Nichols to make a second HEIRS OF JOHN ROACH, DECEASED. homestead. entry-to the Committee on the Public Lands. The committee resumed its session. S. 3155. An act for the relief of Benjamin Longpre, of Maxwell, Lincoln County, N ebr.-to the Committee on the Public Lands. [Mr. ROBB addressed the committee. See Appendix.] S. 3171. An act to refer certain claims for Indian depredations The CHAIRMAN. The gentleman has three minutes remain­ to the Court of Claims-to the Committee on War Claims. ing. S. 1601. An act to remit the time penalties on the light-house :Mr. ROBB. Mr. Chairman, I have not been speaking an hour. tender Rose-to the Committee on Claims. The CHAIRMAN. The gentleman rose in the first place and Senate concurrent resolution 31: had. the report read in his time. Resolved by the Senate (the H01.LSe of .RepresentativRs concurring), T'nat the Mr. ROBB. No, indeed; I did not ask to have the report read Secretary of War is hereby directed to inform the Senate a.s to the cost of in my time. I merely asked to-have the report read for informa­ improving ~he Saginaw River from its head to a J?Oint in Saginaw Bay, with a view of securing a channel !50 feet wide and an mcreasa of depth to 16 feet tion of the committee. A number of members here asked for it. from the head of the river to t.he Third Street Bridge in Bay City; thence a The CHAIRMAN. It could not have been read ex~pt in the channel200 feet in width to the Saginaw Bay, with an increase of depth of 1898. CONGRESSIONAL RECORD-· HOUSE. 3057

the channel to 16 fee~ said estimates to be based on the survey made pursu­ No one ever seriously thought he would give us a comparison ant to the river and harbor act of 1896- or make a defense of the present" soldier policy." To the Committee on Rivers and Harbors. To those who have waited in patience and have gone to their CHANGE OF REFERE..."fCE. homes disheartened and to their graves in sorrow no defense can By unanimous consent, the Committee on War Claims was dis­ be made. charged from the further consideration of the billS. 2013; and the Thousands have waited in patience against the policy of delay same was referred to the Committee on Claims. and procrastination that has obtained for years in the Department, and which obtains to-day more ruthlessly than ever before, while REPRINT OF A REPORT. the rust of time has eaten the evidence of their claims away. By unanimous consent, on motion of Mr. BuTLER, Report No. 54 We all receive letters from old soldiers 65, 70, and 75 years of on the bill H.R. 628, was ordered to be reprinted for the use of the age, appealing to us with the eloquence of Union soldiers, asking Honse. us to allow their claims before they die; others, old, tattered, and The SPEAKER. The hour of 5 o'clock having arrived, the worn, ask us only to consider their claims and give their minds House will now take a recess until 8 o'clock this evening, when some rest; yet with these distressing appeals, with pensions tied the gentleman from Iowa [Mr. LACEY] will occupy the chair. up in the committee and in the House as they have never been tied up before, he makes bold to threaten a comparison. You claimed that Mr. Cleveland vetoed private pension bills. EVENING SESSION. With my feelings I would not defend him; but you are doing even The recess having expired, the Honse was called to order at 8 w0rse than that; you are pigeonholing them in the committee; o'clock p. m. by Mr. LACEY, as Speaker pro tempore. you are delaying them in the House. The SPEAKER pro tempore. The Clerk will read the rule un­ The promised defense and comparison has not been offered, and der which this session is held. a suspicion arises that the gentleman, a New York lawyer with· The Clerk read as follows: ont the finesse of " a Philadelphia lawyer," has found an inextri• cable Gordian knot beyond his dexterity and impossible of un· The Honse shall on each Friday at 5 o'clock p. m. take a. recess until 8 o'clock, at which evening session private pension bills, bills for the removal ravelment by mortal man. No just defense can be made. The of political disabilities, and bills removing charges of desertion only shall present "soldier policy" is so tainted with deliberation, so foul be considered; said evening session not to extend beyond 10 o'clock and 30 with injustice, that no pretended defense will be believed. The minutes. soldiers are waiting to hear it; their widows and orphans are Mr. TALBERT. Mr. Speaker, I desire, before we go any fur­ waiting to hear it. Make it and place assumption against proof ther, to ask unanimous consent that all bills for the removal of of fact. charges of desertion and political disabilities be passed over to­ If you feel that it is wise to follow those who claim that the night. I hope no one will object. I notice a good many meri­ soldiers have received enough, say so as men, but do not masquer· torious bills on the Calendar, and I make this request on that ac­ ade and assume a double role. You can not reconcile the con­ count. flicting sentiment, and to attempt to double deal will not secure The SPE.AKER pro tempore. The Chair is informed there are the respect of either class. only two such bills on the Calendar. The gentleman from South Not only have you closed the doors to the soldier~ but in the Carolina asks unanimous consent that on this evening bills for the very evil of your act you tell him you are munificent. removal of charges of desertion and political disabilities be not Let us see how he has fared this Congress. On March 15, 1897, considered. Is there objection? the Honse adopted the rules of the Fifty-fourth Congress. Section There was no objection, 1, Rule X, reads as follows: Mr. RAY of New York. Mr. Speaker, I move- Unless otherwise specially ordered by the Honse, the Speaker shall al)point, MI. CLARDY. Mr. Speaker, I want to make a statement be­ at the commencement of each Congress, the following standing committees, fore that motion is made. I desire to know if there is any unfin­ viz: ished business? If there is, I ask for the regular order. On Invalid Pensions, among others, to ·consist of fifteen members. The SPEAKER pro tempore. There is no unfinished business, Section 2, Rule XXVI, reads as follows: And then, on motion of Mr. RAY of New York, the House re­ The House sha.ll on each Friday at 5 o'clock p. m. take a. recess until 8 o'clock at which evening session private pension bills, bills for the removal solved itself into Committee of the Whole, for the purpose of con­ of polilica.l disabilities, and bills removing charges of de.c;ertion only shall sidering business on the Private Calendar under subdivision 2 of be considered, said evening session not to extend beyond 10 o'clock and 00 Rule XXVI, with Mr. ELLIS in the chair. minutes. A. V. BLOODGOOD. These rules have been the fixed ones, in form but not in observ'· The first business was the bill (H. R. 2154) granmng an in­ ance, this Congress. Let me ask the defenders of this ''soldier crease of pension to_A,.. V. Bloodgood. policy" why did you not appoint the Invalid Pension Committee . The bill was read, as follows: at the special session to consider the rights of soldiers? You ap­ pointed the Committee on Mileage and Accounts and others. Is it Be i t enacted, etC. , That the Secretary of the Interior be, and he hereby is, authorized and directed to place on the oension roll the name of A. V. Blood­ tobethoughtthatthemanagingmembersofthisHousewillappoint good,late a member of Company H. One hundred and fifty-second Regiment committees to pass upon their own claims for compensation, while of New York Volunteer Infantry, at therateof$50 a month, tbesame to be in adjourning for three days at a time, and deny a committee to the lieu of the pension he is now receiving under certificate No. 227629. soldiers who saved this House of Representatives for us? A lapse Mr. ROBINSON of Indiana. Mr. Chairman, no apology will of thirty-five years has indeed chilled the patriotism of the coun· be asked by the soldiers' friends of the House for occupying your try if this course voices its sentiment. time when you hear what I say. The above rules, with all the other drasmc rules of the House, I rise to discuss the subject of pensions with but a single thought were forced through, under the operation of the previous question, and purpose-the good of the country and therjghts of the soldiers. on the first day of the special session in March, 1897, without oo­ I shall not enter the domain of party spirit, but will leave that portunity for debate; forced through, a.s the roll call shows. against field to others. the votes and protests of all the members on this side and against I shall content myself with presenting plain, unvarnished facts, the votes of the gentlemen! from Minnesota, Mr. EDDY; from Vir­ free from all alloy of party interest; nor will I be embarrassed in ginia, M.r. WALKER; from Wisconsin, 1~. MINOR; from Iowa, this discussion by failure of proof, but only such facts will be Mr. HEPBURN; from New York, Mr. MAHANY; from Kentucky, presented as are known throughout the country and which are Mr. CoLSO:N; from Michigan, Mr. W:n.ALDEN SMITH; from Penn­ proven as clearly as record proof can prove-so clear, indeed, that sylvania, Mr. BRUMM; from New York, Mr. QmGG; from Wis­ one who runs can read. consin, Mr. CooPER; from Massac.husetts, Mr. WALKER; from On the evening of February 4, 1898, being the second night only Illinois, Mr. Co:NNOLLY; from New Hampshire, Mr. SULLOWAY; for the consideration of pensions during six months of Congres­ from New Jersey, Mr. McEwAN, on the other side of the House. sional ses ion this Congress, the chairman of the Invalid Pensions I do not ascribe individual motive on those votes, but it must Committee rMr. RAY of New York] served notice on the House be true that each member, in this first registered act in the per­ that he would attempt to defend the present "soldier policy," and formance of his public duty in the Fifty-fifth Congress, thought thus relieve the party managers of the charge, so cuiTent and that the rules thus adopted would be enforced. broadcast, that they had departed from a policy of liberality to These hopes were dashed to pieces, and no committee to con­ the Union soldier. He said he would compare this Administra­ sider soldier bills was appointed and no soldier legislation was mon with the former. This was farfetched.and voluntary. co.nsidered during overfour months of special session, and no Fri­ Why he should set Mr. Cleveland up as a model I know not; no day night's soldier meetings were held, as the rule required; that one in this Congress whom I have heard has spoken a word of night was as effectually blotted out as if the day had never ap- praise for him, nor have I heard anyone speak for ·him since the ueared upon the calendar. . ultra gold monometallists sanctioned, praised, and immortalized While we should have been holding these meetings and consid· him in the last campaign. One who lives, as does the gentleman ering this legislation we were adjourning for three days at a time; from New York, in a palace of glass ought not to throw stones at though anxious to do our duty, we were walking the streets of the houses of his neighbors. Washington. Who will defend this ''soldier policy?" XXXI-192 3058 CONGRESSIONAL RECOR·D-HOUSE. MARon 21,

Who moved the adjournments? The gentleman from Maine Defenders of this" soldier policy," tell me what yon will say in [Mr. DINGLEY], the leader of the majority. Oh, but it will be defense of this. said that he is friendly to the soldier, and promised if they helped What else do we find? The Appropriations Committee this ses­ him to power to pass his bill, he would help them by putting sion cut off a hundred names from the list of employees in the money into the Treasury. The bill was passed, but the ';soldier Pension Bureau, and this House passed the bill, thus putting the policy " still prevails. waiting soldiers back that much further in their wait for pension But it may be said that the gentleman is, for sure, the fdend of consideration, although they have been for years waiting, and are the veteran because he tried to make the Speaker appoint the com­ now patiently waiting. mittees. There is no better proof of the false lights set out to The gentleman from Ohio [Mr. NoR.TON], than whom the sol­ dazzle and allure the soldier voter; no better proof of the false dier has no better friend, than whom no better soldier fought banner under which the managers of this '• soldier policy" are upon the field, has called to the attention of the House the evils of marching can be found than is seen in the House proceedings of this" soldier policy," but his efforts to secure relief have been met May 3 1897, when the leader on that Side of the House [Mr. DING­ by no feelings of comradeship by the champions of this system. LEY] {uoved the adoption of the following resolution: They have not moved to give relief. He seems to have offended Resolved, That the Speaker be directed to immediately appoint the com­ them. The "head and front of his offending" is that he is a sol­ mittees of the House. dier, a member of this House and of the committee, and a Demo­ crat, and not in sympathy with this policy of defeat to the soldier. And upon that question he demanded the yeas and nays. You can not convince those who have waited so long that the So far. the leader was fulfilling his promise to the soldier, to clerks were not needed. raise lots of money, and to give him liberal pensions; he was pass­ This is another stroke of" soldier policy" as false as any, and it .ing his bill, and by this resolution he was trying to get committees is proved by the record. You needed these clerks before, and in the appointed. former Congress voted the money to pay them. You are far be­ It seems the soldiers were willing to trust him in his promise to hind in pension cases and you need them now. If you do not pass his bill, to revive the industries of New England and raise need them now, you did not need them then; and if you did not money, and it was but fair to them that they should not be de­ need them then, why did you vote in the Fifty-fourth Congress to layed in pension legislation, and that their bills should be pa-ssed continue them? This inconsistency calls for an explanation. by the time the money reached the Treasury. You can not convince the soldiers who have waited for from one But alas. how vain is all human hope! To the amazement of the to eight yeard that you are not far behind in the consideration of soldie~s , to· rhom the gentleman from Maine and his followers had pension claims. promised to be fair and liberal, after moving that the Speaker What else do we find? The evidence before the Appropriation should appoint committees, he voted against it himself. Committee showed, in round numbers, that 510,000,000 more was After such inconsistent action, is it surprising, if t1·ue, that the needed to pay pensions than the committee reported and the House great author of the Dingley bill should buy his hat in London? appropriated. . Members on this side, including myself, voted against this reso­ How long will the soldiers claims be held back; how much de­ lution but it will be noted that the resolution offered by him, and lay will ensue from this? Is this a new idea of equity under your which' he voted against, provided for the appointment of all com­ "pension policy?" Is this a new idea of justice to those you paid mittees. in greenbacks during the war? Is not this a denial of just rights We were governed by motives that did not move ~he gentlema:n and demands due to brave men and Americans? Let us see what and his adherents. - We would have.vot.ed to appomt the Invalid else the managers in this House have done, and who is responsible Pensions Committee, but when the country had been ravaged by for it. the disasters that flowed from the demonetization of silver, we did On February 21! at a substituted evening for pension legislation, not think it was safe to let you appoint all committees, among the members on this side of the House came to make a quorum others the one on Banking and Currency, that would turn back and to pass soldier legislation. The gentleman from Tennessee the t1de of Great Jehovah's sunshine on our Western wheatfields [Mr. Sms] and the gentleman from Alabama [Mr. UNDERWOOD]~ and still further oppress us by committing this country more members of uniform courtesy, asked the chairman of the Invalid thoroughly to the go~d sta~dard, which it is seen it i~me~ia~ly Pensions Committee, in decorous thought and sentiment, if he on its appointment thiS sessiOn started to do, under the msptratJOn would not expedite and quickly pass and close up that evening of the Secretary of the Treasury and the Indian~polis co~ventio?· the pension bills of the soldiers, so that filibustering tactics could By the action of the managers of the other ~Ide pensiOn l~gis- not be resorted to next day, as had been before, to hinder and de­ ·lation is delayed, held up, and defeated. W1th the power and lay them by the "pension-policy " managers. control you did not appoint the soldier committee, but, persist­ The gentleman from New York, whose plain duty it was to fol­ ently and consistently. in opposition t~ him, yon al_so destroyed low this procedure, rose in his place and to his full height, and his Friday night meetmgs. When this current whiCh you have said he could not be intimidated. created against the soldier will run by, no one can tell. You Intimidated to do his duty, did he mean? "Intimidate" well have set it going, and where it will stop no man can know. and truly expressed his position, for the word implies an effort to What do we find this session in proof of the "pension policy?" compel one to do that which he did not want to do. The Senate Pension Committee passed a rule permitting no sol­ I level at no man and no set of men any charge that is not dier to appeal to that body for relief till a year after action by the proftnw~. . Pension Bureau, if presented to the Bureau. I charge that the interests of the soldiers of the country are to-day The soldiers must give up one year more of their lives before betrayed in the house of their pretended friends. relief will be given by the great lawmaking power of the Govern­ Let me give you the proof of a conspiracy to thwart and dis­ ment. The same rule has been substantially enforced by the com­ concert the soldier, not a manly, open fight, as he fought, but a mittee of this House. guerrilla, filibustering warfare, a fight in the dark, a stabbing in The same lawmaking power that passed the act so quickly call­ the back. - · ing the soldiers to arms, now for the first time in the history of the When I use the word'' conspira~y "I mean it in no o:ffensi ve sense. Government commands them to wait a year, however meritorious I only chara~terize a policy adopted by the managers of a party their claims, however just, before they will give them considera­ to abandon its saviors; nor do I intend any o:ffen'3e to any member tion. of this body; and if I use language and terms, they are only such The Commissioner of Pensions, the Hon. H. Clay Evans, has as clearly express a condemnation of a policy adopted bythe man­ closed the doors of the Pension Bureau to the soldiers in like c.ases. aO'ers of a party and carried out by its forces and instruments. If a mistake is made there, or however just the remedy sought, 'l~e managers of this policy are controlled by an influence over- the soldier is told that his head is off, and will remain off for a powering and oppressiv~. . . . year, and he can not be h:eard: . As this House, under Its rules, IS controlled by Its Speaker, so 18 This order comes to us m thiS form from the PensiOn Bureau: the Invalid Pension Committee, a..s it seems, dominated by its Hereafter claims for increase of pensions will not be considered within speaker. twelve months from the last action-allowance or rejection. I make no reflection against the chairman undeserved. Let him H. CLAY EVANS, Commissioner. stand on his record-on his policy. I charge it home to him. I Under a late rule of the Pension Bureau a pension agent or attor­ charga only that which has been proven in this Honse to the sat­ ney who directly or indirectly solicits or procures his soldi~r cli~nt isfaction of its members; it is proven in the record of our pro­ to get his member of Congress to call for the status of h1s clarm ceedings to the satisfaction of the country. suffers disbarment at the Department. . At the beginning of this session an Inva.lid Pension Committee Recurring to the proceedings of the 4t~ of February of this yea.r, of fift.een members was appointed under the same rules under the distinguished gentleman from Ind1ana [Mr. JOHXS~N] 1 m which it was not appointed at the special session, and it may be urging relief by special bill in this ~ouse in a most ?lerito!wus claimed that the sin of omission has now been washed away. case showed and said that the soldier had been demed rehef at But how well was enforced this session the rule of Friday night the Bureau of Pensions " because the construction there was too meetings? _ rigid against the soldier." Only five in three months of Congressional session. 1898. · CONGRESSIONAL RECORD-HOUSE. ·3059

By what answer will yon meet this dereliction? Tell me, how ... present the fads and let them speak for me. Answer the facts will yon answer it? · if you can. " By their fruits ye shall know them." It remains to With hundreds of Senate pension bills before our committee, be seen who will attempt to defend this programme of the man­ with many thousands of pension bills to consider and report, the agers of the House. If any do, I shall take occasion at some future majority on this floor, against the wishes of some of its members, time to show the sentiments expressed on the subject of soldier waited till January 28, 1898, fifty-three days from the first of the legislation by the great founders of your party, by staiesmen liv­ session, to give a Friday night session for soldier legislation. At ing and dead, by civilians and warriors, by leaders of former that meeting the trail of the serpent was again seen in the sand. years, and by members of this Honse, and compare them with the Instead of rising and passing in the Honse the pension bills con­ declarations on this floor in favor of this policy against the sol­ sidered, or even moving the previous question on them, and thus dier to-day. securing for these little pension bills the same security in their We will see by "the defenders" who are following the dictates passage as is invoked for the mighty and powerful-this rule of of their masters. There was a tribe in Africa, the members of safety was omitt.ed. which, if their monarch was deformed, did not scruple to mutilate On February 4, the next soldier day. the managers moved to themselves, so that they might bear a similitude. When march­ take up another bill and asked for a roll call, wasting an hom·'s ing Indian file along the tangles and rocky places, if the chief time, but were defeated by this side of the House voting solidly stumbled, each in turn stumbled. against them, and joined by enough of the soldiers' friends on If the chairman is excused as an individual, he is charged as a that side to defeat their "soldier policy" on that day by a vote of follower, and probably as a partisan, with being an instrumen­ 126 to 116. Thus 116 members on that side recorded themselves tality in carrying out this opposition to soldier-pension legisla­ against the consideration of soldier legislation. What occuned tion, and thus arrays himself against the great founders and after this defeat? leaders of his party in former years, as well as against some of They filibustered and delayed, and occupied nearly the entire their truest friends in his party to-day. day in parliamentary tactics to delay the passage of a few little What further proof do we find? In the first eighty-two days of pension bills, as follows: A pension to Mary W. C. Burgess, Ben­ this session! to February 26, 1898! the fifteen members of this jamin F. Tuck, Ella D. Cross, Emily E. Atherton, James J. Gibbs, committee reported 86 of these small pension bills to the Honse, Mrs. Annie Whittenmeyer, Rosa Karger, Laura A. Barry, John as against 162 bills, more difficult to investigate, reported by the Bruce, Mary J. Hart, Mrs. Christine C. Barnard, and Isabella G. War Claims Committee, composed of eight Republicans and five Daniels. members on this side of the House, which committee considers During this filibustering the gentleman from California [Mr. claims due citizens loyal during the war, and as against 688 pen­ LouD] on that side said-! quote his words in the RECORD: sion bills reported by the Invalid Pensions Committee of the Fifty­ But the gentleman also knows that, so far as I am concerned, I haTe al­ fourth Congress in the long session from December 2,1895, to June ways said Friday night sessions were a farce and a. species of legislation that 11, 1895, in six months, and against 257 pension-bills reported by never should be enacted by anybody. the Invalid Pensions Committee in the short or three months' ses­ This filibustering was the result of the opening left by the gen­ sion of the last or Fifty-fourth Congress, from December 7, 1896, tleman from New York [Mr. RAY] on the evening of January 28, to March 3, 1897. and the soldiers suffered. A passage of the bills then or an order· One-half of this session gone and only 86 pension bills have seen ing of the previous question would have saved a legislative day. the light of day to February 26 from that committee presided over , On Thursday, February 10, to get rid of another soldier day, by the gentleman from New York, as against 344 pension bills re· the gentleman from Maine [Mr. DINGLEY], as the leader, without ported in the same time in the first session and 257 pension bills excuse offered or other apparent motive, moved an adjournment reported in the same time in the second session by the Invalid tjll Monday, which: by the votes of the other side, was carried by a Pensions Committee of the former Congress. vote of 128 to 111, and another spike was driven in the fabric of With thousands of little pension bills before his committee, the the "soldier policy." chairman reports to this Honse the small number of 86 in eighty­ · The Invalid Pension Committee is composed of 10 Republicans two days. and 5 members on this side of the House. Oh, but he may say that he did not have clerks enough. But The soldiers have no truer friends than members of this side of the chairman is there to further just pension legislation; he is the House-the gentleman from Indiana [Mr. MIERs), the gentle­ there to move the previous question; he is there to stop filibuster­ man from Kansas rMr. BOTKIN], the gentleman from Ohio rMr. ing; he is there to serve the soldiers, and when it is found that he NoRTON], the gentleman from California [Mr. CASTLE], and the needs help for fifteen members to report 86 pension bills in eighty­ gentleman from New York [Mr. DRIGGs], members of that com­ two days, he should ask the Honse for help and see who would mittee. refuse it. · I know Republican members of that committee who are friends The chairman asked and received a clerk on February 16. Why of the soldier, but I say, and it is proved to the point of certainty, the delay? The only excuse apparent to this Honse is that the that the chairman is assisting the managers of the Honse in this committee was busy in getting out 86 bills in three months, as " pension policy." against 315 bills in each three months on an average in the last On Friday night, February 25, when we had met here in a less Congress. number than one-fourth of the House to consider pension bills, This committee, after repeated requests and profert by me to after passing seven bills, as every member· knew, without a quo­ the chairman, did report favorably a bill, and it passed this House, rum-a usual practice-the point was made of no quorum by the giving a battle-scarred and armless soldier ·a pension-one whose gentleman from Mississippi fMr. SuLLIVANl and after the then wife for years bas pumped a hand organ on the streets of Wash· Chairman, the gentleman from Iowa [Mr. LACEY], had ascer­ ington while her armless soldier husband, with soldier hat and tained that a quorum was not present-a fact that was known to soldier uniform, soliciteq alms of generous people. every member while we were passing the seven pension bills The people of Washingt0n, whose charity has supported this above referred to-the gentleman from Mississippi withdrew the country's ward for years, while he has been waiting, are thankful, point of no quorum. Then did the gentleman from New York, as I am, for this small favor, large as it may seem to be under the chairman of the Invalid Pensions Committee of this House [Mr. present "soldier policy;" but I might add in passing that the same RAY], interpose an objec~on to the withdrawal, and himself em­ bill was introduced by Senator Voorhees and it passed the Senate phasized the point of no quorum. in the Fifty-fourth Congress, and received at that time a favorable Let him stand, if he can, upon this record against the soldier. report from the House committee; introduced again in the Senate That night by hi8 action was lost to. the· soldier. True, he tried by the senior Senator from Indiana, Mr. TURPIE, and on Decem· tO shift the burden, but his Republican colleague from New York ber 17, 1897, it passed the Senate. [Mr. MAHANY] well put it when he said, as shown on pages 2464 Mr. Chairman, as I speak these words I think I hear again the and 2466 of the CONGRESSIONAL RECORD-I set it out as it utterances of the gentleman from New York in response to are­ occurred: quest of the gentleman from Kentucky rMr. CLARDY] at the Mr. SULLIVAN. Mr. Chairman, I will withdraw the point of no quorum, evening session on February 25, when the latter asked him if he under the circumstances. would not expedite the soldier legislation, and repeated to me on Mr. RAY of New York. Mr. Chairman, the gentleman does not seem to appreciate the fact that the count has been made and the result announced, the soldier evening of March 11, w.hen he said that "courtesies" and it is determined that there is no quorum present. had been shown to us by the committee. Mr. MAHANY. That is precisely what I suspected. Some gentlemen appear To me it was no'· courtesy," but justice, to give a pension to an to entertain a desire not to pass these bills. armlessRepublican soldjer, whosewife, withlong, whitehair,had Mr.* MAHANY. *And I desire* to emphasize* the fact* that the* gentleman * from pumped the hand organ on the streets of Washington to support New York [Mr. RAYl insisted that the point of "no quorum," even when him, and which soldier has for five long years sat in yonder gal­ withdrawn, blocked further legislation. · lery on Friday nights waiting for his name to be read by the How well could -the chairman of the Invalid Pensions Commit­ reading clerk of the House-iu this same Capitol past which he so tee, in charge of these little pension bills, have asked unanimous proudly marched over thirty-five years ago on his way to the consent to vacate the proceedings, as in his experience many times defense of his country. had been done under similar conditions. If the gentleman thinks he can" intimidate" me with such a 3060 CONGRESSIONAL-RECORD-- ·HOUSE. MARcH 21, weapon of "courtesy," he will find that it is like· the javelin The bill was ordered to be laid aside with a favorable recom· thrown by the hand of a feeble old man; it will never reach the men dation. heart of its victim. What is the cause of this policy, so changed, MRS. ELLEN O'RORKE. so repressing to patriotism, so unjust to our soldiery? What is the cause of this change of front, change of heart? No bill for the The next business on the Private Calendar was the bill (H. R .. general relief of the soldiers has been reported by the committee. 1722) for the relief of Mrs. Ellen O'Rorke. None will be reported by the chaiiman in time to become a law, The bill was read, as follows~ giving the soldiers or their dependents any substantial relief. Be i t enacted, etc., That the Secretary of the Interior is hereby authorized Why be niggardly to the soldiers? Why not deny to others and and directed to place on the pension roll the name of Mrs. Ellen O'Rorke, be liberal to the Government defenders? You in effect but a short late a volunteer nurse in the service of t-be United States Army during the time ago donated $6,500,000 to the Kansas Pacific Railway corpo­ war of the rebellion, and pay her a pension at the rate of 12 per month. ration. Had this been saved for the soldiers, it would have gone The amendment recommended by the committee was read, as to meritorious people. A country like this can not discriminate follows: against its soldiers. You paid them in paper dollars in the field, In line 7, after the word "of," strike out the word "twelve" and insert in when you paid the bondholders in gold. You ought not to limit lieu tbereof the word •• eight." the soldier now, but you are doing so. The amendment was agreed to. Is this a new rule of fair dealing in your high code of moral The bill as amended was ordered to be laid aside with a favor­ ethics? · able recommendation. I am moved to warn you against a'' soldier policy" that dampens American patriotism and cools American ardor. :MARY F. HAWLEY. Let no man say that I am prompted by any than patriotic mo­ The next business on the Private Calendar was the bill (S.179) tives. I was not a soldier, but it is equally true that Fort Sumter granting a pension to Mary F. Hawley. was fired upon before I was born. If any man says I did not suffer, The bill was read, as follows~ and with me loved ones, let it be hurled back at him. Go to that Be it enacted, etc., That the Secretary of the Interior be, and he is he.-eby humble Indiana home from 1861 to 1866 and find the proof. Go authorized and directed to place on the pension roll, subject to the provisions to the battlefields of Shiloh, Bull Run. and Chickamauga; see and limitations of the pension laws, the name of Mary F. Hawley, widow of who failed to answer the roll call of the Thirtieth Indiana after late Capt. John B Hawley, Company H, Forty-fifth Regiment illinois Infan­ that last battle, and why; go to the rolls of Libby Prison and try, and to pay her a pension at the rate of $30 per month. there find the record of disproval. The amendment recommended by the committee was read, as If not yet satisfied, go to the records of your Pension Bmeau follows: during the time of a policy more liberal than this, and t.hen stay In line 8 strike out the word ''thirty," and insert in lieu thex•eof the word the gibes,and taunts that are sometimes hurled at a defender of "twenty." the soldiers because he is a Democrat. Go there and find the The amendment was agreed to. proof of your conviction. The bill as amended was ordered to be laid aside with a favor.. Had I been of age the horrors of war might have deterred me. able recommendation. but it did not deter. my father; it did not deter the thousands of brave men who responded with alacrity to the call of their coun­ JOHN J. BOATWRIGHT. try. They did their duty nobly and well. aud now the nation The next business on the Private Calendar was the bill (S. 294:) should be grateful and generous to them. Many of you members granting an increase of pension to John J. Boatwright. have been here for years; you have seen the panoramic changes The bill was read, as follows: of legislation, but it makes the heart of a new member sink in Be it enacted, etc., That the Secretary of the Interior beJ and he is hereby sadness to see a party like yours turn against the soldiers. authorized and directed to place on tbe pension roll, suoject to the provi· I regret that I was compelled to take up even a little time of sions and limitations of the pension laws, the name of John J. Boatwright, late of Company I, Twenty-fourth Ohio Volunteer Infantry. at the rate of the House, but I felt that it was a duty incumbent upon me, a-s it $30 per month. ia upon each of us, to do my best and utmost to remove the mask behind which so many who make and enforce the pension laws The bill was ordered to be laid aside with a favorable recom.. are hiding. men dation. My sentiments, I know, find an echo on this side, as well as a GRATIA H. llARTIN. generous response in the hearts of many on that side of the Cham­ The next business on the Private Calendar was the bill (H. R. ber. [Applause.] 4435) to pension Gratia H. Martin, of Williamstown, Vt. The Committee on Invalid Pensions recommended the follow- The bill was read, as follows: ing amendments: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby.. In line 7, after the word "infantry," insert "and pay him a pension." authorized and directed to place on tho pension roll the name of Gratia H. In line 7, strike out" fifty" and insert' thirty" in hen thereof. Martin, of Williamstown, Vt., dependent mother of Carlos Martin. late of Strike out all after the word "recetving," in line 9. · Company D, Twelfth Regiment of Vermont Volunteer Infantry, and of Com­ pany C. Eighth Regiment of Vermont Volunteer Infantry, and that said The amendments recommended by the committee were agreed to. Gratia B. Martin oo granted a pension of 12 a month as such dependent The bill as amended was ordered to be laid aside to be reported mother, subject to the proyisions of the pens10n laws. to the House with a favorable recommendation. The amendments recommended by the committee were read, DA:t-.TIL PHILLIPS. as follows: In line 5 strike out the words •• of Will:ia.mstown, Vt." The next bUsiness on the Private Calendar was the bill (S.14:65) At the end of line 8 strike out the word "that." granting an increase of pension to Daniel Phillips. In line 9 strike out the words " flaid Gratia H. Martin be granted a pension' 1 The bill was read, as follows: and insert in lien thereof the words "pay her a pension at the rate." From lines 10 and ll strike out the following: • as such dependent mother, Be it enacted, etc., That the Secretary of the Interior be, and he is herebY., subject to the provisions of the pension laws." authorized and directed to place on the pension roll the name of Daniel Phil­ lips, late a sergeantinCompanyD, Thirteenth Regiment Wisconsin Infantry, The amendments were agreed to. and to pay him a pension at the rate of $30 per month, in lieu of his present The bill as amended 'vas ordered to be laid aside with a favor­ pension. able recommendation. Mr. RAY of New York. Mr. Chairman, the Fifty-third Con­ HANNAH C. PILE. gress, which was Democratic, during its enfue life, both sessions, passed 119 pension bills. This Fifty-fifth Congress thus far has The next business on the Private Calendar was the bill (H. R. had reported from the Committee on Invalid Pensions nearly 200 5372) for the relief of Hannah C. Pile. bills. It has passed and sent to the Senate already 102 bills, carry­ The bill was read, as follows: ing more money than all the 119 bills passed by the Fifty-third Be i t_ enacted, e_tc., That the Secretary of the ~ter i or be, and he is he~~Ji Democratic Congress. rApplause.] The Committee on-- authoriZed and direct-ed to place upon the pens:ton r o~l the name of I:Ia Mr. MARSH. Will the gentleman from New York allow me? C. Pile, widow of Gen. William A. Pile, at the rate o: $25 a month. Mr. RAY of New York. The Committee on Invalid Pensions The amendments recommended by the committee were read, as has already reported three general bills to this House, doing, or follows: which will do, when enacted into law, a great deal of good to the fu line 5, aft-er the words "William A. Pile," insert the following: "and old soldiers. Now, the speech of the gentleman from Indiana [Mr. pay her a pension." ROBINSON] having occupied forty minutes of the two and one-half In line 6 strike out the word "twenty-five" and insert in lieu the1·eof the hours we have for pension work, dming which forty minutes we word "twenty." could have passed at least twenty-five of these pension bills giving Mr. RAY of New York. Mr. Chairman, I am directed by the needed relief to old soldiers, I trust that the remainder of the Committee on In-v- alid Pensions to offer the following amendment evening will be gi-v-en to the consideration of the needs and rjghts in lieu of the amendment proposed by the committee. After-we of the old soldiers. [Applause on the Republican side.] had reported the bill the gentleman who introduced it furnished 1898. ·CONGRESSIONAL RECORD-HOUSE. 3061 us with further information, which we caused to be reduced to Iowa. Volunteer Infantry, and pay him a pension at the rate of $30 per ·writing, and which threw new light on the subject and shows that month. the widow is clearly entitled to the full rate allowed to a widow The amendments recommended by the committe~ were read, as of a soldier of the rank of her husband, 30 a month. The gentle­ follows: man who introduced the bill only asked $25, but in view of the In line 7 strike out the word "to" at the beginnin!f of the line. Strike out the word" thirty," in line 7,and insert m lieu thereof the word evidence, which I will have printed in the RECORD, and which is "fifteen." true, I am directed to withdraw our amendment and offer in lieu The amendments were agreed to. thereof the following: The bill was laid aside to be reported to the House with a favor• Strike out the word "twenty-five" and insert in lieu thereof the word able recommendation. •' thirty." SARAH E. INGH.A.M. fCries of "Vote!" "Vote!"] 'l'he statement is as follows: The next business on the Private Calendar was the bill (H. R. W A.SHINGTON, D. C., March 17, 1898. 1018) granting a pension to Sarah E. Ingham, late an army nurse. To Committee on l11:1.!alid Pensions, George W. Ray, Chai1-ntan. The bill was read, as follows: DEAR Sm: In response to your request to place before your committee, in Be it e11acted, etc., That the Secretary of the Interior be, and he hereby is, writing, my statement made to you relating to the pension of Mrs. Hannah au.thorized and directed to place on the fension roll the name of Sarah E. Pile, widow of General Pile, I submit the following: lngham, late an army nurse, at the rate o $12 per month. General Pile's record as a soldier and citizen is one to which his friends point with pride; there is no stain upon it. At the time of his death he was The amendments recommended by the committee were read, as president of the city council of Monrovia, Cal. This is one of the "boom" follows:· towns of southern California, where values have fallen from "boom" prices In line 5, after the word "nurse~," insert the words "and pay her a pension." to one-tenth the values formerly paid. All who had purchased and had de­ Amend the title so as to reaa.: "A bill granting a. pension to Sarah E. ferred payments to make suffered and usually lost their property. The ~en­ eral was among this class, with a mortgage on his home for more than 1t is Ingham." now worth, and loss of outside property on deferred payments. The amendments were agreed to. His wife has struggled from the day of his death to pay interest on her The bill as amended was laid aside to be reported to the House home mortgage a.nd to support herself. Her property could not be sold for enough to clear the mortgage. And, as a. matter of fact, she has less than no with a favorable recommendation. property at all. She is economical, and as hard working as any woman of her JOSEPH V. BOWIE. age can be. She has had a continual struggle, and her mortgage has in­ creased by unpaid interest over a thousand dollars in the past few years. The next business on the Private Calendar was Senate bill11U, She has one son living· he is a. student in an art school in San Francisco, granting an increase of pension to Joseph V. Bowie. working his way through, and can not contribute to his mother's support. She has no we'llthy relatives to support her, and is well along in years, nearly The bill was read, as follows: 68, I believe. J have lived by the family for years, and had business relations Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, with the ~eneral for five years. Mrs. Pile has often told me she had to depend authorized and directed to place on the pension roll, subject to the provisions on her chickens and bees to pay her grocer. and limitations of the pension laws, the name of Joseph V. Bowie, late of It is but a simple act of justice to place her on the list at as high a rate as Company D, Fourteenth Regiment New Hampshire Volunteer Infantry, and the wife of any officer of his grade, and I sincerely trust your committee pay him a pension at the rate of $f) per month, in lieu of that he is now will report a $30 rating for her. receiving. verytruly, yours, E. M. WARDALL. The bill was laid aside to be reported to the House with a favor· Home add1·ess, Monrovia, Cal. (City add1·ess, 50S B st1·eet NE.) able recommendation. The CHAIRMAN. The Clerk will report the first amendment. HANNAH LETCHER STEVENSON. The Clerk read as follows: The next b~siness on ~he Private Calendar was Senate bill 439, In line 5. after the word "Pile," insert the words "and pay her a pension., an act granting a pensiOn to Mrs. Hannah Letcher Stevenson, The amendment was agreed to. widow of the late Brig. Gen. John D. Stevenson. The CHAIRMAN. The Clerk will now report the next amend- The bill was read, as follows: ment. Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed t{) place on the pension roll, subject to the provisions The Qerk read as follows: a.nd limitations of the pension laws, the name of Mrs. Hannah Letcher Ste­ In line 6 strike ont the word "twenty-.five" and insert "thirty;" so as to venson, widow of the late Brig. Gen. John D. Stevenson, at the rate of $50 per read "$30 a month." month. · The amendment was ag1·eed to. The amendments recommended by the committee were read, as The bill as amended was ordered to be laid aside with a favor­ follows: able recommendation. In line 6 strike out the word" Mrs." CHARLES M'ALLISTER. In line 7, after the word "Ste-venson." insert the words "and pay her a pension.'' The next business on the Private Calendar was the bill (H. R. · In line 7 strike out the word "fifty" and insert in lieu thereof the word 29 ) granting an increase of pension to Charles McAllister. "thirty." At the end of line 8 add the words "in lieu of the pension she is now re­ The bill was read, as follow's : ceiving." Be i t en acted, etc., That the Secretary of the Interior be, and is hereby, Amend the title so it will read: "An act granting an increase of pension authorized a.nd directed to grant to Charles McAllister, late a private m to Hannah Letcher Stevenson." Company K, One hundred and nineteenth Pennsylvania Volunteers, a pen­ Mr. PEARCE of Missouri. I trust that the amendment pro· sion of $'M per month, in lieu of $12 per month which he now receives. posed by the committee, to strike out the word "fifty," as passed The amendments recommended by the committee were read, as by the Senate, and change it to "thirty," will not nrevail. It so follows: happens that I have been familiar with General Stevenson and In line 6, after the word "Volunteers," insert the words "and pay him." In line 7 strike out the words " $12 per month" and insert in lien thereof his record ever since the war. I have known him in St. Louis the words "the pension." for over thirty years. General Stevenson was born in the State The amendments were agreed to. of Virginia, was educated in the State of South Carolina, aild The bill as amended was ordered to be laid aside with a favor­ notwithstanding all his early training and his early surroundings, able recommendation. he was one of the first men who lined himself up in defense of the flag of his country. WILLIAM H. OLIVER. He moved to the State of Missouri along in the early forties, The next business on the Private Calendar was the bill (H. R. was a gallant soldier of the Mexican war, was a captain in the 1540) granting an increase of pension to William H. Oliver. famous regiment of Colonel Doniphan of the State of Missouri, The bill was read, as follows : achieved an early fame in the outset of our country's history, and Be it enacted, etc., That the Secretary of the Interior be, and is hereby, when the war of the rebellion broke out he was a member of the aut horized and directed to place on the pension roll the name of William H. Oliver, late a private in Company C of the One hundred and fourth Regiment State legislature of the State of Missouri. He contested with all of Pennsylvania Volunteer Infantry, and to pay him a pension of ~"72 per the strength of his nature the attempt to carry the State out of month, in lieu of the pension he is now receiving. the Union. 1 The amendment recommended by the committee was read, as Early in 1861 he volunteered in defense of his country and be­ follows: came a colonel of one of the Missouri regiments. He was engaged In line 7 strike out the word "seventy-two" and insert in lieu thereof the in all the campaigns of the West, participated in all the great word "thirty." battles of the West, and he was promoted to command a brigade The amendment was agreed to. and a division. He was promoted to brigadier-gene1-al and then The bill as amended was ordered to be laid aside with a favor­ to major-general. He was in command at Harpers Ferry, and able recommendation. I hold in my hand an extract from Series L, volume 46, of the F. L. BOTKIN. Army Records, a telegram sent to Brigadier-General Stevenson at Harpers Ferry, from Mr. Stanton, the Secretary of War, which The next business on the Private Calendar was the bill (H. R. reads as follows: 4.692) to pension F. L. Botkin. Accept the thanks of the DeJ?artment for your dili~ence, skill, and success The bill was read, as follows: in the achievement mentioned m your telegram of this date. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authoriz.ed and directed to place on the pension roll the name of F. L. Bot­ At the close of the war General Stevenson was commissioned a kin, permanently helpless son of. Amos H. Botkin, late of Company G, Third colonel in the Regular Army, and resigned one or two yearS 3062 CONGRESSIONAL RECORD-HOUSE. ~lARCH 21, thereafter. This is the record of Maj. Gen. John B. Stevenson; a far as health is concerned she is in good health for a lady of her brighter one does not exist in the annals of the war. years. It was only on the 4th day of February that this House passed Mr. PEARCE of Missouri. About 80 years. a bill in favor of the widow of Major-General Leggett, whose rec­ Mr. RAY of New York. She is 77, I think. ord stands on all fours with General Stevenson's, and there is no So far as property is concerned, the proof shows that she is with­ more rea.son why the bill as passed the Senate should be changed out property. But the proof fwiher shows, as do the statements from 850 to $30 a month than there was a reason why the pension made to the committee, that she has friends who will see her well granted to the widow of Major-General Leggett !:!hould have been taken care of whether the pension is granted or not. passed at $30. If this were an isolated case-the only case of the kind-I would And out of over 100 pension bills passed during the last ten not protest should you see fit to give her a hundred dollars a years, there is only one single instance of a bill having been passed month. But remember this fact-that there are dozens of cases at a less pension than $30 a month for the widow of an officer rank­ yet to come just as meritorious as this; and remember what you ing as brigadier-genera]. did here a few moments ago with regard to the widow of General In thls case, Mr. Chairman, there is a strong appeal to the sym­ Pile, who is in precisely the same circumstances, of substantially pathies of this Congress in view of the fact that the widow of this the same age, and just as destitute, worthy, and meritorious as is good old soldier is standing to-day upon the very verge of the this widow. Let us be consistent in our action in these cases. grave, without means, and almost without friends, except the com­ Mr. PEARCE of .Missouri. I should like to ask the gentleman rades of her good old hero husband. And it seems to me, gentle­ a question, if I may. men, if there is any case in the history of this pension legislation Mr. RAY of New York. Certainly. that should appeal to the judgment and sympathies of this House, Mr. PEARCE of Missouri. Youspokea.boutarule havingbeen it is the case of the widow of John B. Stevenson. I hope that this adopted. I should like to know when that ru1e was adopted and amendment will not prevail. [Applause.] by whom? Mr. RAY of New York. Mr. Chairman, let me call the atten­ Mr. RAY of New York. Now, the gentleman entirely misrepre­ tion of the House to what this Committee of the Whole has just sents me. I have not said anything in my remarks about a rule done in the case of the widow of General Pile, whose record was or about its being adopted. as brilliant as that of General Stevenson, his service as long and Mr. PEARCE of Missouri. I so understood you. arduous, his widow just as poor, and almost as near the grave. Mr. JOY. Mr. Chairman~ I want to say one word on this pen­ And we have given her, by the vote of this House, $30 a month. sion case. The statement is made here that the widow of General That has been the rule in such a case just approved by the House. Stevenson is in perfect health, as far as is consistent with her age. Thirty dollars a month is the full amount given to the widow of She is now over 78 years of age, and I desire to read a word from a general of the rank of General Stevenson by the general law the affidavit of Gen. John W. Noble, former Secretary of the when the death of the soldier is due to his army service. Interior, with reference to Mrs. Stevenson: Now, in this case there is no pretense-there can not be any­ STATE OE' MISSOURI, City of St. Louis, ss: that the death of the soldier was due to his army service; and all John W. Noble, of lawful a~e. being: duly Rworn, npon his oath deposes and we are giving this widow above the $8 a month that she receives ffiys: That he was well acquamted With the late John D. Stevenson; that the under the general law now on the statute books is a gratuity c:a1d Stevenson, at the time of his death, left no property or effects of any kind or description; that deponent is personally well acquainted with the granted on account of her being the widow of an officer and of widow of said Stevenson. to wit, Hannah Letcher Stevenson; that she is now her financial needs. more than 78 years of age, very infirm in both body and mind, and wholly I know how easy it is to appeal to men on the ground of the dis­ without means of support, and is dependent upon the kindness of othE'rs for the necessities of life; that on account of her advanced age she is wholly un­ tinguished services of an officer dead and gone. But as I have able to earn a living. And further deponent saith not. said, and will repeat it, our committee is of the opinion thatawise JOHN W. NOBLE. and conservative course in specia1 pension legislation will enable Subscribed and sworn to bE'fore me this 21st day of January, 1E98. My us to do more good, to pass more bills, than to rush into anything commission expires July 27, 1900. that will savor at all of extravagant legislation. [SEA.L.l GEO. H. SHIELDS, JR., · If there has been any one serious criticism throughout the Notary Public, City of st. Louis, Mo. country in days that are gone, among the old soldiers, in regard Now, Mr. Chairman, it seems to me that if any case is worthy, to legislation of this kind, it is that we have paid a great deal of if a soldier's widow should ever be provided for by the beneficent attention to rank and very little attention to suffering and needy act of the House of Representatives, it should be done in this case and meritorious old soldiers who served in the ranks. of the widow of General Stevenson. It is true that she will not Thirty dollars a month is a good pension for this old 1ady. It suffer. The good people of my city and State, Democrats and will enable her to be well cared for during the remainder of her Republicans alike, those who fought upon either side, will not see life. There are dozens more of thiB same class of bills that will her suffer. But she stands in thepositionof a poor old lady, weak come before this House for consideration, where the beneficiary and infirm in both body and mind. is seemingly in good health~ where the husband was a general She deserves, if any soldier's widow deserves, the recognition, officer or a colonel and rendered good service. the kindness, and the generosity of the Government of the United Put the widow in such cases on the pension roll at 850 a month, States. Her husband served honorably in two wars-in the Mex­ where the death of the soldier was not due to army service, and ican war and in the late civil war. He rose to great distinction, before the end of this session you will have raised a clamor among to that of a major-general in the war of the rebellion. the old soldiers throughout the country against this kind of legis­ Mr. STRODE of Nebraska. May I ask the gentleman a ques­ lation that will absolutely drown out the little clamor that is tion? Was she the wife of the soldier during either of these wars, raised now because you think we do not go high enough-do not or both of them? go as high as we could or might in the case under consideration. Mr. JOY. During both of these wars she was the wife of Gen­ The only object we have is to be wise, to be conservative, and eral Stevenson, and was with him much of the time during his to have our action commend itself to all the old soldiers through­ war service. He was, I think, but 2 years older than she. They out the country who are suffering and needy, who marched in the were about the same age; and were married before he went int-o ranks and slept on the ground beneath the sky, exposed to storms, either war. Now, I say that a woman who has stood by her hus­ and who when the battle was on stood shoulder to shoulder and band througl;10ut his whole life, her husband being a soldier whose marched right up to the muzzle of the death-dealing cannon. record is equal to that of any soldier who fought upon either side, You can go higher if you desire, but let me warn you that there we, as members of Congress, should give her what we give to the is the same danger that ha.s existed heretofore of raising a clamor others of the same rank and necessity. [Applause.] through the country among the rank and file, based on the claim, There is no reason to cut down Mrs. Stevenson's pension. There as I said before, that we forget the private, that we forget the is no reason to say to the dead Stevenson's spirit that his widow private's widow, and give the big pension to the brigadier-general, shall not be cared for equally as well as those, perhaps equally de­ the major-general, the captain, and the colonel, and to their wid­ serving, but no more so, of other generals or colonels or captains. ows, when they are no more needy, no more in want, no more de­ My friends, I trust that we will all vote against this amendment serving than those who bore the title of private only, and who to ctit down her pension from $50 to sao. carried the musket, and suffered wounds and untold agonies. Mr. RAY of New York. If my friend will permit one word, [Applause.] we are not cutting her pension down, because this lady is draw­ Now, I submit this question in all fairness, in all honor and ing a pension under the law of only $8 per month, and 58 is all candor, to the good judgment of men possessing good judgment. sho can draw under any law now upon the statute books. When I say again that we should not be taken off our feet by sentiment, we give her $30 per month, as we propose to do by this amend· for we have not one case only to deal with, but before this Con­ ment, we are increasing her pension S22 per month, simply be­ gress is over we shall have a score or more of this same class of cause she was the wife of a brigadier-general; and while we do cases to deal with. that, we are not increasing at all the pensions of thousands of Mr. BRUCKER. What does the proof show with reference to widows of soldiers sc.atteredall through this land, poorer than she, the physical condition and pecuniary circumstances of this widow? crying for bread, with no one to support them, who only get 8 Mr. RAY of New York. The proof in this case shows that so per month, and who we shall leave drawing S8 per month only. 1.898. OONGRESSIONA:L REOORD-:ijOUSE. 3063

:Mr. JOY. One word in reply to the chairman of the committee. MRS. M, LOUISE ANDERSON, There are none poorer than she; nor is she drawing a pension of The next business was on the Private Calendar the bill (H. R. one dollar as a survivor of a soldier of the late war. She is draw· 5994) to grant a pension to Mrs. M. Louise Anderson, ing SB per month as the widow of a Mexican veteran. The bill was read, as follows: The CHAIRMAN. The question before the House is upon the Be it enacted, etc., That the Secretary of the Int.erior be, and he is hereby, adoption of the amendment. authorized and directed to place upon the pension roll the name of M. Louise Mr. BRUCKER. ·what is the amendment? Anderson, widow of John B. Anderson, late of Company K, Seventeenth The CHAIRMAN. The Clerk will report it. · R-egiment Michigan Infantry, at the rate of $12 a month. The Clerk read as follows: The Committee on Invalid Pensions recommended the following Strike out " fifty " and insert in lieu th~reof "thirty." amendment: In line 7, strike out the word "twelve" and insert in lieu thereof the word The question being taken, on a division (demanded by Mr. "eighteen." PEARCE of Missouri) there were-ayes 39, noes 37. · Mr. PEARCE of Missouri demanded tellers. Mr. TALBERT. Mr. Chairman, I should like to have there­ The CHAIRMAN. Tellers are refused, 17 members, not a suffi­ port read. cient number, voting in favor thereof. The CHAIRMAN. The gentleman from South Carolina asks Mr. COOPER of Texas. I do not think the House understood for the reading of the report. The Clerk will read. the proposition. I ask that the question be put again. The report (by Mr. DRIGGS) was 1·ead, as follows: If The Committee on Invalid Pensions, to whom wa.S referred the bill (H. R. The CHAIRMAN. there is any misunderstanding about the 5994) granting a pension to M. Louise Anderson, have examined the same and proposition, the Chair will put it again. all the evidence relating thereto, and respectfully report: Mr. COOPER of Texas. I donotthinkthisHouseunderstoodit. This bill proposes to increase from $8 to $18 per month the pension of M. The CHAIRMAN. All in favor of tellers upon this proposition Louise Anderson, of the city of Washington. This claimant is the widow of John B. Anderson, who served in Company K, Seventeenth Michigan Volun­ will rise and be counted. teer Infantry, from February 10, 1863, to March 2, 18M, when he was honm·a· Tellers were ordered. bly discharged on accolmt of loss of right arm by reason of gunshot wound · Mr. RAY of New Ycrk. I should like to make one suggestion received in battle. This soldier was also shot through the left arm at the elbow. here, in order that we may get along with these bills. This is a It appears from credible evidence, which is not disputed, that the soldier waste of time. This raises the issue with the Senate on this mat­ suffered almost constant pain in the stump of the right arm to the time of ter. The Senate presented a rate of $50 in such cases. The House his death; that same never fully healed; that his system was as a conse· quence much run down and debilitated; that his nervous system was shat• presents the rate of sao. It will lead to a controversy and can be tered and the brain seriously affected; that be had frequent spells of dizzi• settled in conference. ness; that he had a bad cough and expectorated bloody matter; that one daj Mr. ROBINSON of Indiana. I make the point of order that he feU, became uneonscious, and died in about twenty days. The evidence establishes that the soldier was of good habits, free from all disease except debate is not in order. those resulting from the wounds, and above described. The CHAIRMAN. The point of order is sustained. The gen­ The soldier was pensioned at $36 per month only, although clearly entitled tleman from Missouri [Mr. PEA.RCE] and the gentleman from New to $45 per month. The general-law claim of the widow was denied on the ground that a York [Mr. RA.Y] will take their places as tellers. "sufficient" pathological connection between pensioned and death cause was Mr. CLARK of Missouri. I should like to have unanimous not shown. From this conclusion your committee beg leave to respectfully consent for one-half minute to speak about this. dissent. If a healthy man bleeds and bleeds until he dies, and is otherwise in perfect health, the fai.r presumption is that death results from the ex:-. Several MEMBERS. Regular order! cessive bleeding. The CHAIRMAN. Nothing is in order except the taking of In this case only one death cause was present, and only one cause of the the vote by tellers. The regular order is demanded. death cause, and that a natural and probable one, existed. This was of service I origin, viz, an arm shattered by a bullet, consequent amputation, consequent Mr. CLARK of Missouri. jilst want to make two statements. shock and impairment of and breaking down of the health and tissues, and General Stevenson-- resulting death. The CHAIRMAN. The gentleman is not in order. The regu­ Only a disposition not to see conld prevent the ordinary medical man lar order is demanded. from seeing the pathological connection between this soldier's wound, re­ ceived in the service, and hi~ death. No other possible death cause is Mr. NORTON of Ohio. I ask unanimous consent that the gen­ claimed. This widow, who was the wife of the soldier during the war, bas tleman from Missouri have one minute. been denied her rights at the Bureau of Pensions, and your committee feel Mr. BREWSTER. I object. fully justified in righting the wrong so far as possible. She is poor and very needy. · The committee again divided; and the tellers reported-ayes 39, The bill is therefore reported back with the recommendation that it pass noes 4.0. · when amended as follows: Accordingly the amendment was rejected. In line 7 strike out the word "twelve" and insert in lieu thereof the word Tbe CHAIRMAN. The question now is upon the adoption of "eighteen." · · the other amendments. Mr. TALBERT. Mr. Chairman, I should like to know from the ' ·The question was taken; and the Chairman announced that the chairman of the committee what is the age and condition of this ayes appeared to have it. widow .at this time. Is she not just as helpless and just as deserv­ Mr. TALBERT. Division, Mr. Chairman. lshouldliketoask ing as the widow of the brigadier-general whose pension has been the Chairman to state the question. increased to $50? The CHAffiMAN. The Clerk will report the other amend­ Mr. RAY of New York. She is as poor as a woman can be and ments. she is as worthy as a woman can be and she is as nice a lady as The Clerk read as follows: ever drew breath. She is compelled to do washing, what little she In line 6 strike out the word "Mrs." can get, to earn a living. She came on here from the State of In line 7, after the word " Stevenson," insert the words "and pay her a California in order to get justice. The gentleman from Califor­ pen:;,ion." nia [Mr. BA.RLow] introduced the bill at $12 a month, and in At the end of line 8 add the words "in lieu of the pension. she is now re· ceiving." view of the circumstances and need of this woman we increased The amendments read were agreed to. that to $18 per month as a measure of justice to her. The bill as amended was ordered to be ]aid aside to be reported The only possible distinction between this case and the bill that to the House with a favorable recommendation. · we have just passed is this: Mrs. Stevenson is the widow of a · Mr. BARLOW. Mr.·Chairman, in view of theactionjusttaken, . brigadier-general. This woman's husband did not reach that that $50 is to be the rating for a brigaclier-general'swidow, I move rank and this woman is not quite as old, but she lost her husband the reconsideration of the action just taken on the bill H. R. 5373. by reason of his army service. The CHAIRMAN. That motion is not in order in Committee Mr. TALBERT. ·I just wanted to call the attention of the of the Whole. It can only be done in the Honse. committee and the country to the fact that the widows of briga­ · 1\.ir. BARLOW. May I just make a statement? dier-generals and the widows of officers generally have plenty of The CHAIRMAN. By unanimous consent. champions in this House, but never have I heard anyone to stand up here to champion the cause of the widows of privates. se,~ eral MEMBERS. Regular order! · The CHAIRMAN. The gentleman from California asks unan­ Here is an instance. I say it is a sad commentary upon this imous consent to make a statement. House that whenever a brigadier-general's widow or a colonel's Mr. SIMPSON of Kansas. I object. widow or anybodyof that sort comes here, she can find champions enough, but when a poor woman who happened to be the wife ELIZA. B. LOWRY. of a private, who possibly was a better man by far and a brighter .. The next business on the Private Calendar was the bill {H. R. gem than the general-why no one can be found to do her honor '1482) granting a pension to Eliza B. Lowry. or to advocate an increase of her pension . . The bill was read, a,s follows: · I just wanted to say this much, and I say no more in regard to , . Be it enacte.d, etc., That the Secretary of the Interior be, and he is hereby, the matter. rApplause.] authorized and directed to place upon the pension roll the name of Eliza B. Lowry, widow of Alexander Lowry, Company C, Eighty-third Pennsylvania Mr. BRUC1rER. Mr. Chairman, allow me to call the atten­ Infantry Volunteers, subject to the provisions and limitations of the pension tion of the gentleman from South Carolina to the fact that this laws, and pay her a pension ·of $12 per month. · nation has honored the widows of brave private soldiers, and not 'The bill was ordered to be laid aside to be reported to the House only honored them, but has provided them '' munificent" pensions with a favorable recommendation, - to the amount of "$8 a month!" Eight dollars a month is the 3064 CONGRESSIONAL REOORD-HOUSE. MARcH 21, amount they have allowed to the private soldier's widow. They for I find nobody proposes to increase the pension of this old sol" have provided for them in that way. dier. He marched for days in every storm that nature showere

times of being unable to raise his right arm to the level of his shoulder~ and The bill was read, as follows: giving the wound in "the elbow rec-eived in the Army as the cause. I nave Be it enacted, That the Secretary of the Interior be, and he is hereby, au­ also witnessed him su1!er great pain on occasion while lying upon the floor thorized and directed to place the name of W~ D. Foot, of Mattoon, I;Jl., because of his ruptured conditiop. of Company G Fourth Re~Pment of Pennsylvam.a. Volunteers, on the pens1on N. B. ALLISON. roll, subject u;.the provisJ.ons and limitations of the pension laws, and pay Subscribed and sworn to before me this Uth da~ of January, 1898. him a. pension of $72 per month. [SEAL.] A. T. WELMAN, Notary Public. Mr. TALBERT. Mr. Chairman, let us have the report. The report (by Mr. WARNER) was read, as follows: MATTOON, ILL., January SIJ, 1898. The Committee on Invalid Pensiol}S, to Wh?IJ?. was referred the bill(~. R. In the matter of William D. Foote, Company G, Fourth Regiment Pennsyl­ 4962) proposing an increase of pensiOn to Willia.m. D. Foote, have ex:ammed vania Volunteers, would say I have known him for two years. I am his near­ the same and all the evidence, and respectfully report: est neighbor, and live on the adjoining lot, ne:xt door to him. Our houses are This bill as amended proposes to increase from $12 to $50 per month the not more than 100 feet apart. I was present on the 11th day of November, pension of William D. Foote, of Mattoon, Coles County, m, who served from 1896, when he was stricken with paralysis, his present trouble. I heard the February 22, 1864, to July 1, 1865, in C?mpany G, Fourth Pennsylvania Cav­ screams of his wife and ran over to see what was the matter, and found Mr. alry Volunteers, and was-honorably discharged. Foote unconscious. I was one of the parties who helped to carry him in. A He is shown by the records to have been wounded in the right elbow in doctor was summoned and pronounced it a case of paralysis. battle April5 1865, and to have been treated 1herefor in hospital I am almost a daily visitor to see him. He has to be cared for contin~, He fued and' established a claim therefor under the_ ~neral law, and was both day and night. Since the day he was stricken he has been as helJ?less as pensioned at $2 b·om date of discharge, increased to $i from September 18, a child. He frequently has bad sinking spells, and I look to see him die. He 1880, and to $6 from November 13, 1889. can only speak a few words that can be understood. The last few months - No claim has been made under the general law for. any other disa.bili~, he has been confined to his bed and some person has to care for him. I would nor has any other disability been alleged as d~e to servtce m any declarat10.n further state that Mr. Foote is a. poor man, and his home is mortgaged to or affidavit filed in the Pension Bureau. It IS probable, however, that his the building and loan, and he is likely to lo3e it unless he gets relief. My age present condition is largely doe to army service and hardships. is 36 years. Residence, Mattoon, ill. August 22, 1800, he filed a claim under th~ act of June 27,,1890, based on MRS. SINA DAY. wound of right elbow and rupture of left grom, and was peTl.Sloned therefor Sworn to and subscribed before me this 24th day of January, 1898; and I and for slight deafness of both ears at $12 per month from date of .tiling. certify t~t the affiant is entitled to credit and full confidence. Evidence filed with this committee shows that claimant has had a stroke [SEAL.] A. T. WELMAN, Notary Public. of paralysis and is totally helpless, can not feed or dress himself, can not take food without great difficulty, can not articulate without great difficulty, and many words can not pronounce at all. His menta! fac~ties are also MATTOON, ILL., January 24, 1898. greatly im11aired. He has to have an attendant all the time, mght and day. In the matter of William D. Foote, Company G, Fourth Regiment Penn He is poor, his little home is encumbered in the bn!lding~loan association, sylvania Volunteers, would state that I have stayed with the said Foote con­ and he has no income or means ~f support ex?ep~ ~ ~ns10n of $12 per ~onth. stantly, day and night, since the 7th day of May, 1897, with the exception 6t There is no pretense that his present disability lS the result of his own three weeks' time during which I was away. vicious habits. Some one has to constantly watch, lift., and care for him. He is almost as From the nature of the disease now afilicting the soldier it is evident that helpless as a. babe. He can only use one hand and leg1 and can not talk tG he ca.n not survive long. . . . make his wants known. It takes one person all the tnne, and part of th~ Your committee therefore report the bill back Wlth the recommendation time two, to care for his wants. He has sinking spells and the doctor has to that it pass when amended as follows: be called. 1 have expected to see him breathe his last with these spells. His At the end of line 4-, strike out tha word "Foot" and insert the word wife is a small, weakly woman, and as it takes a man person to lift and handle "Foote." him, and he requires constant attention, he has to hire some one to be in In line 8, strike out the word "seventy-two" and insert in lieu thereof the attendance. He is poor, and his little home is in the building and loan. He word ''fifty." ...... has no income save his pension, onder the law of 1890, at $12 per month. Add. at the end of line 8, the followmg: "m lieu of that he lS now recexv- I a.m 51 years of age; by occupation, house lather; post-office, Mattoon, IlL ing." A bill t' . f . t TOM C. DAVIS. Amend the title so as to read: " gran mg an mcrease o pens1on o Sworn and subscribed to before me this 24th day of January, 1898, and the William D. Foote." party is entitled to full credit. MATTOON, !LL., January 14, 1898. [sEAL.] A. T. WELMAN, Notary Public. .In the matter of William D. Foote, late a private in Company G, Fourth Regi­ Mr. DRIGGS (dming the reading of the report). Mr. Cha~ ment Pennsylvania Volunteers. man, I move that the further reading of the report be dispensed I hereby certify that I have this day examined the said William D. Foote, and find the following physical condition: with. There is a. general paralysis of the right side of the body. The motion was agreed to. He can articulate with great difficulty; many words can not be pronounced Mr. DRIGGS. Mr. Chairman, I move to amend the report of at an. Mental action very slow; can not protrude the tongue. can not take the committee by striking out the word "fifty " and inserting food without much difficulty; face very slightly drawn; there is totallara.ly­ sis of the right arm, voluntary motion totally lost. Fingers and han flexed "seventy-two." I believe the time has come when, if we propose and firmly contracted; when asked to grip the hand there was not the slight­ to pension anyone, we should pension the soldiers absolutely help­ est motion or contraction of the muscle to be felt. The right leg is also para­ less, and who can not take care of themselves or their families, lyzed, can not draw it up when extended in bed; irritation of the sole of the foot caused marked reflex contraction, >olunta.ry motion and action lost. and this man is in that exact condition. This man is partially, if Action of the heart regular, pulse 80; for the last few weeks has frequent not entirely, paralyzed; he can not feed himself; his home is sinldngs from heart failure, unconscious for some time after each return. encumbered, and he is in poverty. Has a. large left inguinal hernia extending into scrotum, 5 inches long, 3t inches broad. The mind is dt>ranged much of the time; from the length of I say that is the kind of a man the Government should give the the time the condition has existed I think the paralysis is permanent, with full limit. Raise him from $50 to S72 a month and you are doing indication of a fatal termination at no distant date. Mr. Foote is unable to what is right by the men who stood by the flag. I say these are wait on himself in any manner whatever. I am a. regular practicing phy­ sician for thirty-five years; am 58 years old; served two years in the Unit-ed the men who should be taken care of more than the widows of States Navy as acting assistant surgeon during the rebellion. Have served generals. They are the men who went out and fought the battles, about thirteen years as United States examining surgeon for pensions. and went through the hardships, and when they are laid down by I have no interest in the prosecution of this claim. This statement is without any suggestions from anyone and in my own disease and can not take care of their families, then is the time hand, to be typewritten. that we should give them the full limit. Respectfully, L. F. MORSE, M.. D. The CHAIRMAN. The question will be on the committee Subscribed aud sworn to before rue this 25th day of January, 1898; and I amendment. If that is voted down, it would give the pensioner certify affiant is entitled to full credit. the amount of 72 in the original bBl. [SEAL.] A. T. WELMAN, Rotary Public. Mr. HUNTER. Mr. Chairman, I was the author of this bill. MA.TTOO , ILL., Jam.wry f-4, 1898. I introduced it and had it referred to the Committee on Invalid In the matter of William D. Foote. late of Company G, Fourth Regiment Pensions. I introduced it for the reason that the Pension Office Pennsylva.nia. Volunteers, state as follows: had adopted a rnle of 872 as the proper measure for persons totally J . Wesley Welker, M. D., age 44 years, and practicing physician of twenty­ disabled. I had occasion to go to this man's home before I came one years' standing, being duly sworn, says: On the 24th day of January, 1898, I made an examination of William D. to this session of Congress, and made an investigation to satisfy Foote, late of Company G, Fourth Regiment Pennsylvania Volunteers, and myself. found him affiicted with paralysis of t he right side, involving the right leg, I interrogated his nurses and those with him and three physi.. right arm, throat_ and tongue (making dilitation and articulation imperfect and difficult). His mental condition is also impaired., as 1re bas a very vague ciansJ and I found him in this condition from personal inspection conception as to time and events. All of which renders him totally helpless as well as by fa.cts obtained from these parties. He is totally and requiring a constant attendant. helpless, as helpless as a child 10 days of age. He can not speak, Respectfully, J. WESLEY WELKER, M. D. he can not move his hands, can not turn over in bed, can make Sworn to and subscribed before me this 25th day of January, 1898; and I certify affiant is entitled to full credit. no expression, directly or indirectly, either by speech or motion. [SEAL.] A. T. WELMAN, Notary Public. He is in that helpless and unfortunate condition, and so I intr<>­ duced the bill for this amount. MATTOOY,!LL., January t/, 1898. Mr. TALBE.R'.f. What is the reason he could not get a pension N. B. Allison, being duly sworn, upon oath states as follows: from the Department? My name is N. B. Allison; age42; reside at 1717 Wabash avenue, Mattoon, Mr. RAY of New York. Because his disabilities are not due to Ill.: have been intimately acquainted with W. D. Foote since 1879, and have service. noted by his pension certificate that he was a private in Company G, Fourth Regiment Pennsylvania Volunteer Cavalry; have visited him upon an aver­ Mr. NORTON of Ohio. Mr. Chairman- a~e of once a week since he received a stroke of paralysis a bout one year ago, The CHAIRMAN. The gentleman from lllinois [Mr. HUNTER] smce which time he has been entirely helpless with regard to getting into or has the floor. · out of bed; his mind and speech are seriously affected and gradually becom­ ing worse, an attendant being required in his room day and ni~ht. Mr. NORTON of Ohio. But the gentleman from New York Prior to his receiving the stroke of paralysis I have heard him complain at [Mr. RAY] is speaking. 3066 CONGRESSIONAL RECORD-HOUSE. MARCR ·21,

The CHAIRMAN. The gentleman from Illinois yielded to the to be shot at; nay, more, to have my words misconstrued and to gentleman from New York to answer a question. have a majority on the other side of the House put words in my Mr. RAY of New York. It all rests upon this proposition. mouth that I had not uttered, but, on the contrary, had disclaimed, The United States through its Congressional action has said that solely because I was making a fight, not for the generals, but for a soldier who incurred his disability in the service, and is now the privates in the service of the United States. I desire to resent totally helpless, and needs the constant aid and attendance of an­ that imputation. other shall draw a pension of $72 a month. This man is in that Nor do I believe that all of you who are here to-night voting condition, but his disease, his present condition, is not the result increases of pensions are sincere. If you are, then be as earnestly of army service. sincere in meeting the questions which are to follow. And remem­ It is not due to his service in the Army, and while we gave him ber to be just as sincere if any committee should have the courage $50 because of his helpless condition, we·maintain the distinction, to dare to bring upon this floor a bill, whic]?. I have said in open that all sensible men who think will maintain, between those who House I disbelieved you will ever do, granting a fair and just were shot to pieces in battle and those who have incurred their service pension. _ disease and disabilities from some other cause long after the war I repeat here to-night that the soldiers of the United States will was over. I trust the gentleman will keep that distinction in his not believe in your professions of sincerity, in yom· declared in­ mind, although he will not find me the one to oppose the giving tentions to do good to them, until you shall equalize matters for of all any soldier deserves in accordance with the law written the benefit of those who do not come here aided and abetted by upon the statute book or the plain principles of common sense friends upon the out..

There has been a good deal of wind spent here praising the old Mr. CLARDY. We have only twenty minutes now. soldiers. [Laughter.] But, my good friends, what I mean is this: Mr. RAY of New York. We have proceeded so slowly to-night That when you come to find a man championing a soldier's that we can dispose of every one of these easily, even if we pass a widow, it has generally been the widow of some man who wore the few more bills through the committee, if they do not give rise to epaulettes, and not of the men who stood in the trenches, not the discussion. men who met each other in the red blaze of battle, but the gen­ JOHN W. CHANNING. eral, who was far behind, possibly in a bomp-proof position, who The next business on the Private Calendar was the bill (H. R. never did anything. I say their widows have found champions 1442) granting an increase of pension to John W. Channing. here, but the widows of private soldiers have not found them, as The bill was read, as follows: a general thing, since I have been a member of this Congress, and Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, I repeat it. authorized and directed to_place on the pension roll, at the rate of $30 per Mr. GARDNER. Mr. Chairman, only a question. I see by the month, the name of John W. Channing, formerly captain of Com'l?any E of report that this officer was one of the men who entered service on the Seventh Regiment Maine Volunteer Infantry, said sum to be m lieu of the pension now drawn by him under certificate No. ~73, and to be paid to the 22d of February, 1864, just after the draft. I wanted to in­ his legally qualified guardian. quire if the chairman of the committee is acquainted with the The Committee on Invalid Pensions recommended the following case and whether the evidence shows that he was drafted or not? amendments: Mr. RAY of New York. Oh, he was not a drafted man. In lines 4 and 5 strike out the words" at the rate of $3(1 per month." Mr. GARDNER. What is the evidence? Out of six cases that Iu line 7, after the word "Infantry," insert the following: "and pay him a I have had certified lately, who went into the service upon that pension at the rate of ~per month." date, five of them were drafted. In lines 8 and 9 strike out the words "under certificate numbered two Mr. RAY of New York. Does the gentleman mean five bills for hundred and thirty·five thousand and seventy·three." the relief of soldiers reported from this committee? The amendments were agreed to. Mr. GARDNER. I say that in six cases of gentlemen who en­ The bill as amended was ordered to be laid aside to be reported tered the service on the 22dof February, 1864,five of them proved to the House w.ith a favorable recommendation. to be drafted men. It was after the draft in January of that MISS MARY HAYNE. year. I simply make the inquiry. The next business on the Private Calendar was the bill (S. 1200) Mr. RAY of New York. I want to know what I am answering granting a pension to Miss Mary Hayne. first. I do not understand the gentleman to say that any bill re­ The bill was read, as follows: ported from this committee in this Congress has been to increase Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, the pension of a drafted man. authorized and directed to place on the pension roll, subject to the provisions Mr. GARDNER. I was asking the question of the chairman of and limitations ot the pension laws, the name of Miss Mary Hayne, late a. hos· pital nurse in the Cnited States Naval Academy at Annapolis, Md., and pay the committee. We had a case a while ago of this particular date, her a pension at the rate of $12 per month. and now we have one here, and in neither case is the fact stated. The Committee on Invalid Pensions recommended the following I ask for the fact; that is all. Mr. RAYofNewYork. You have stated in connection with amendment: your question that you found, out of six cases-- In line 6 strike out the word "Miss." Mr. GARDNER. I said in the case of six gentlemen, not in The amendment was agreed to. connection with bills here, but in six cases that I had occasion to The bill as amended was ordered to be laid aside to be reported inquire intorecently, of men who had entered tha service on that to the House with a favorable recommendation. 9ate, five of them ha.d gone in under the draft of January of that BETHIAH H. ROLLINS. year. . The next business on the Private Calendar was the bill (S. 3179), Mr. RAY of New York. I desire to say this: I think I un­ granting a pension to Bethiah H. Rollins. derstand the gentleman, and if I do not seem to, he will correct The bill was read, as follows: me. I will say that this man was not a drafted man. He was an Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, Emil sted man. authorized and directed to place on the pension roll, subject to the provisions Mr. GARDNER. The report does not show his age at all. The and limitations of the pension laws, the name of Bethiah H. Rollim, late an simple fact remains that he went in in February, 1864. army nurse, at the rate of $12 per month. Mr. RAY of New York. I think the evidence here does show The Committee on Invalid Pensions recommended the following his age. amendment: Mr. HUNTER. l do not know what the evidence may show In line 6, after the word "nurse," insert the words "and pay her a pension." with 1·eference to his age; but he is about 55 or 56 years of age, as The amendment recommended by the committeewas agreed to. I understand. . The bill a-s amended was ordered to be laid aside to be reported Mr. GARDNER. He was old enough to have entered the.Army to the House with a favorable recommendation. at the beginning of the war. FREDERICK G. MOORE. Mr. HUNTER. Yes. Mr. RAY of New York. I desire to say to the gentleman that The next business on the Private Calendar was the bill (H. R. I will take occasion to say, and say it now, that we have reported 1295) to increase the pension of Frederick G. Moore, late of Com· no bill from our committee granting a pension or an increase of pany I, One hundred and fifth Regiment New York Volunteer pension to a drafted man thus far. The cases have been of men Infantry. who enlisted and served their country faithfully and well. No The bill was read, as follows: such case as is referred to by the gentleman has come up here, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directecl to pay to Frederick G. Moore, late of Company I, and of course when the gentleman referred to oases that he had One hundred and fifth Regiment New York Volunteer Infantry, a pension at looked into, he diu not mean to indicate that they were cases re­ the rate of $00 per month, in lieu of the pension he now receives. ported by the Committee on Invalid Pensions. The Committee on Invalid Pensions recommended the following Mr. GARDNER. I should like to say distinctly that the cases amendments: were not before the committee. I do not mean to intimate that In line 4, strike out the words" pay to" and insert in lieu thereof the words there are no cases in which the pension of a drafted man ought "place on the pension roll the name of." not to be increased. I would not agree to that proposition. In line 6, after the word "infantry," insert the words "and pay him." Mr. RAY of New York. I have not said that. The amendments recommended by the committee were agreed to. Mr. HUNTER. This is not a drafted man. The bill as amended was ordered to be laid aside to be reported The CHAIRMAN. The motion is on the amendment to strike to the House with a favorable recommendation. out" fifty" and insert "seventy-two." Voting down the amend­ Mr. RAY of New York. Mr. Chairman, I now give notice, be­ ment will be equivalent to restoring the original figure of $72 a fore moving that the committee rise, that in the House I shall de­ month and adopting the amendment will reduce the amount to mand the yeas and nays upon Senate bill439. I shall move the $50 a month. . _ . committee amendment and demand the yeas and nays, and have The ame'ndment was agreed to. that question settled by the House itself. The CHAIRMAN. The question is upon the adoption of the Mr. GARDNER. Why, the committee amendment was lost. other amendments recommended by the committee. How are you going to get the yeas and nays on it? The amendments·were agreed to. Mr. CLARDY. If you do that, you will not get these bills The bill as amended was ordered to be laid aside to be reported through to-night. to the House with a favorable recommendation. Mr. RAY of New York. I now move that the committee rise. Mr. CLARDY. Mr. Chairman, I want to ask the chairman of Mr. COOPER of Texas. The notice just comes too late. the committee if he will not now move that the committee rise The motion was agreed to. and repor~ these bills to the Honse, so that we may pass them this The committee accordingly rose; and Mr. LACEY having re­ evening? sumed the chair a.s Speaker pro tempore, Mr. ELLIS, Chairman of 1\Ir. RAY of New York. We can pass these bills to-night, even the Committee of the Whole House, reported that that committee if we report a few more. Let us do all we possibly can. had had under consideration various bills under the special rule 3068 CONGRESSIONAL-RECORD-HOUSE. MARcH2I,

and had directed him to report them favorably, some with amend­ and report were referred to the Committee of the Whole House ments and others without amendments, as follows~ on the state of the Union. Without amendments: S. 1465, S. 294, S. 1111, and H. R. 7482. With amendments: H. R. 2154, H. R. 1722, S. 179, H. R. ·4435, H. R. 5372, H. R. 298, H. R. 1540, H. R. 4692, H. R. 1018, S. 439, REPORTS OF COMMITTEES ON PRIVATE BILLS AND H. R. 5994, H. R. 777, H. H. 4692, H. R. 1442, S. 1200, S. 3179, RESOLUTIONS. and H. R. 1295. · Under clause 2 of Rule XITI, private bills and resolutions of the following titles were severally reported from.committeea, delivered MRS. HANNAH LETCHER STEVENSON. to the Clerk, and referred to the Committee of the Whole House, Mr. RAY of New York. Mr. Speaker, I move that the bill as follows: (S. 439) granting a pension to Mrs. Hannah Letcher Stevenson, Mr. GIBSON, from the Committee on Invalid Pensions to widow of late Brig. Gen. John D. Stevenson (reported favorably ~hich was refer:ed the bill of the Hous~ (H. R. 9210) granting an , from the Committee of the Whole) be passed by and that we dis· mcrease of penS1on to George H. Baldwm, reported the same with · pose of the other bills. amendment, accompanied by a report (No. 763); which said bill The SPEAKER pro tempore. The gentleman from New York and report were referred to the Private Calendar. asks unanimous consent that the bill just read may be passed by · Mr. SAMUEL W. SMITH, from the Committee on Invalid Pen· for the present. Is there objection? [After a pause.] The Chair sions, to which was referred the bill of the House (H. R. 8819) hears none. granting a pension to Gemima Millsap, reported the same witll BILLS PASSED. amendment, accompanied by a report (No. 764); which said bill and The following bHls, reported favorably from the Committee of report were referred to the Private Calendar. the Whole, were respectively taken up, the House bills ordered to Mr. GIBSON, from the CommitteeoninvalidPensions, to which be engrossed for a third reading, read the third time, and passed, was referred the bill of the House (H. R. 7952) granting a pension and the Senate bills ordered to a third reading, read the third time, to W. C. Ryan, reported the same with amendment, accompanied and passed: by a report (No. 765); which said bill and report were referred to A bill (S. 1465) granting an increase of pension to Daniel the Private Calendar. Phillips; He also, from the same committee, to which was referred the A bill (S. 294) granting an increase of pension to John J. Boat­ bill of the Senate (S. 3178) granting a pension to Olevia S. Wa-sh­ wright; burn, reported the same with amendment, accompanied by are-­ A bill (S. 1111) granting an increase of pension to Joseph V. port (No. 766); which said bill and report were referred to the Bowie; and Private Calendar. · A bill (R. R. 7482) granting a pension to Eliza B. Lowry. Mr. SULLOWA Y, from the Committee on Invalid Pensions, to The following bills reported from the Committee of the Whole which was referred the bill of the House (H. R. 7628) granting a. with amendments were severally considered, the amendments pension to Catherine Wiltse, reported the same with amendment, agreed to, the Honse bills ordered to be engrossed for a third read· accompanied by a report (No. 767); which said bill and report ing, read the third time, and passed; the Senate bills ordered to a were referred to the Private Calendar. third reading, read the third time, and passed: Mr. STURTEVANT, from the Committee on Invalid Pensions, A bill (H. R. 2154) granting an increase of pension to A. V. to which was referred the bill of the Senate (S. 431) granting a. Bloodgood; pension to Ann M. Madden, reported the same with amendment, A bill (H. R. 1722) for the relief of Ellen O'Rorke; accompanied by a report (No. 768); which said bill and report A bill (H. R. 4435) to pension Gratia H. Martin, of Williams· were referred to the Private Calendar. town, Vt. (title amended); Mr. MIERS of Indiana, from the Committee on Invalid Pen· · A bill (H. R. 5372) for the relief of Hannah C. Pile; sions, to which was referred the bill of the House (H. R. 2123) A bill (H. R. 298) granting an increase of pension to Charles increasing the pension of William P. Haskell, lieutenant, Com· . McAllister; pany I, Fourteenth Regiment Indiana Infantry, reported the same A bill (H. R. 1540) granting an increase of pension toW illiam H. with amendment, accompanied by a report (No. 760); which said Oliver; bill and report were referred to the Private Calendar. A bill (H. R. 4092) to pension F. L. Botkin; Mr. KERR, from the Committee on Invalid Pensions, to which A bill (H. R. 1018) granting a pension to Sarah E. Ingham, late was referred the bill of the Senate (S. 655) granting a pension to an army nm'Se (title amended); Harriet R. Matlack, reported the same with amendment, accom­ A bill (H. R. 5994) granting a pension to M. Louise Anderson; panied by a report (No. 770); which said bill and report were re· A bill (H. R. 777) to increase the pension of David N. Thompson; ferred to the Private Calendar. A bill (H. R. 4962) to pension William D. Foote (title amended); He also, from the same committee, to which was referred the A bill (H. R. 1442) granting an increase of pension to John W. bill of the Senate (S. 178) granting a pension to Susan A. Pad· Channing; dock, reported the same with amendment, accompanied by a re­ A bill (S. 1200) granting a pension to Miss Mary Hayne; port (No. 771); which said bill and report were referred to the A bill (S. 31,9) granting a pension to Bethlah H. Rollins; Private Calendar. . A bill (H. R. 1295) to increase the pension of Frederick G. Moore, late of Company I, One hundred and fifth Regiment New CHANGE OF REFERENCE. York Volunteer Infantry; and Under clause 2 of Rule XXII, the Committee on Invalid Pen· A bill (S. 179) granting a pension to Mary F. Hawley. sions was discharged from the consideration of the bill (H. R. On motion of Mr. MERCER, a motion to reconsider the vote 6482) granting a pension to Herbert W.Leach; and the same was by which the last bill was passed was laid on the table. referred to the Committee on Pensions. Mr. RAY of New York. I now move to reconsider the several votes by which the various bills have been passed, and move to lay that motion on the table. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS The latter motion was agreed to. INTRODUCED. Mr. RAY of New York. I move that the House do now ad­ Under clause 3 of Rule XXII, bills, resolutions, and memorials journ. of the following titles were introduced and severally referred as The motion wa.s agreed to; and accordingly (at 10 o'clock and follows: 26 minutes p. m.) the House adjourned. By Mr. RIXEY (by request): A bill (H. R. 9332) to preserve the public lands for the people-to the Committee on the Public Lands. REPORTS OF COMMITTEES ON PUBLIC BILLS AND By Mr. PAYNE: A bill (H. R. 9333) to license custom-house RESOLUTIONS. brokers, and providing a fee therefor-to the Committee on Ways Under clause 2 of Rule XIII, bills and resolutions of the follow­ and Means. ing titles were severally reporl.ed from committees, delivered to By Mr. COCHRANE of New York: A bill (H. R. 9334) tq the Clerk, and referred to the several Calendars therein named, protect free labor from prison competition-to the Committee on as follows: Labor. Mr. HOOKER, from the Committee on Rivers and Harbors, to By Mr. WHEELER of Alabama: A bill (H. R. 9335) granting which was referred the bill of the House (H. R. 7748) to provide to the Muscle Shoals Power Company right to erect and construct for a surrey of Elk River, in Tennessee and Alabama, reported the canal and power stations at Muscle Shoals, Alabama-to the Com· same without amendment, accompanied by a report (No. 773); mittee on Rivers and Harbors. which said bill and report were referred to the House Calendar. By Mr. LOUD: A bill (H. R. 9336) to consolidate the post-offices Mr. CALLAHAN, from the Committee on Private Land Claims, in the city of New York-to the Committee on the Post-Office and to which was referred the bill of the House (H. R. 6670} setting Post-Roads. apart a certain tract of land in Oklahoma Territory to the Stella. By Mr. SOUTHWICK: A bill (H. R. 9337) to protect and sup· Friends Academy and Church Association, reported the same with port commercial credit,~ to equalize rates of interest, to provid~ amendment, accompanied by a report (No. 774); which said bill for the incorporation or clearing houses, to regulate and define 1898. CONGRESSIONAL RECORD-HOUSE. 3069

their operations, to provide a clearing-house currency secured by Also1 a bill (H. R. 9361) to grant arrearage of pension to soldiers b~!se of commercial assets and the responsibility of the associated who lost both hands during the war of the rebellion-to the Com­ , and to provide for the circulation and redemption thereof­ mittee on Invalid Pensions. to the Committee on Banking and Currency. By Mr. RIXEY: A bill (H. R. 9362) for the relief of Mrs. Kate By Mr. KING: A joint resolution (H. Res. 186} recognizing the C. Rose, of King George County, Va.-to the Committee on War independence of the Republic of Cuba-to the Committee on For­ Claims. eign Affairs. · Also (by request), a bill (H. R. 9363) for the relief of L. E. By Mr. . WHEELER of Alabama: A joint resolution (H. Res. Bowen-to the Committee on War Claims. 187) relative to the Cuban question-to the Committee on Rules. By Mr. RUSSELL: A bill (H. R. 9364) granting an increase of By Mr. MAHANY: A memorial of the legislature of the State pension to Philo S. Bartow-to the Committee on Invalid Pensions. of New York, relative to the Pan-American Exposition, to beheld By Mr. WEYMOUTH: A bill (H. R. 9365) to remove the charge in the State of New York in 1899-tothe Committee on Ways and of desertion now standing against Stedman W. Piper-to the Com­ Means. mittee on Military Affairs. By Mr. HOWE: A memorial of the New York legislature, rela­ By Mr. WHEELER of Alabama: A bill (H. R. 9366) for the tive to the Pan-American Exposition, to be held in New York relief of the heirs of J. W. S. Donnell-to the Committee on W~r State in 1899-to the Committee on Ways and Means. Claims. Also, a bill (H. R. 9367) to pension Henry P. Pyle-to the Com.. mittee on Invalid Pensions. · PRIVATE BILLS AND RESOLUTIONS INTRODUCED. Also, a bill (H. R. 9368) for the relief of Mary E. Dancy-to the Under clause 1 of Rule XXII, private bills and resolutions of Committee on War Claims. the following titles were introduced and severally referred as fol- By Mr. SWANSON: A bill (H. R. 9369) for the relief of the lows: - · legal representatives of G. B. Lamar, deceased-to the Committee By Mr. AJ,EXANDER: A bill (H. R. 9338) to restore to the on War Claims. State of New York the flag carried by the One hundred and fourth Also. a bill (H. R. 9370) for the relief of Charles L. Boone, of New York Volunteer Infantry-to the Committee on Military Af­ Virginia-to the Committee on Claims. fairs. By Mr. WADSWORTH: A bill (H. R. ~371) to increase th~ By Mr. ARNOLD: A bill (H. R. 9339) granting a pension to pension of Charles H. Schad, late of Company M, First New York Paul Broadhead, of Dubois, Pa.-to the Committee on Invalid Light Artillery-to the Committee on Invalid Pensions. . Pensions. By 1\'Ir. McCORMICK~ A bill (H. R. 9372) for the relief of Mrs. By Mr. BENTON: A bill (H. R. 9340) granting increase of pen­ Matilda E. Ontbel-to the Committee on Invalid Pensions. sion to Joseph C. Grissom-totheCommittee on. Invalid Pensions. By Mr. WARD: A bill (H. R. 9373) for the relief of Miss Eliza. Also, a bill (H. R. 9341) granting a pension to Louisa St.earns, A. 'Vhite-to the Committee on Claims. widow of Lewis Stearns, deceased-to the Committee on Invalid By Mr. LITTLE: A bill (H. R. 9374) to carry out the findings Pensions. of the Court of Claims in the case of Maria L. Pettit--to the Com­ Also, a bill (H. R. 9342) granting increase of pension to Jane E. mittee on War Claims. Hagaman, widow of Capt. .l!,rancis M. Hagaman, deceased-to the By Mr. STEPHENS of Texas: A bill (H. R. 9375) granting.a Committ~e on Invalid Pensions. pension to RebecQa A. Langley, widow of George Langley, late Also, a bill (H. R. 9343) granting increase of pension to Mary of the United States Army-to the Committee on Invalid Pen­ Taylor, widow of Capt. Lewis Taylor, deceased-to the Commit· sions. tee on Invalid Pensions. By Mr. DOCKERY: A joint resolution (H. Res.188) providing By Mr. BLAND: A bill (H. R. 9344) to pension John Bigley, a for the restoration to the Navy of Richard Warren Barkley, a soldier of the Mexican war-to the Committee on Pensions. graduate of the NaTal Academy. discharged in pursuance of the By MJ:. BOTKIN: A bill (H. R. 9345) for the relief of Thomas act of Angust 5, 1882-to the Committee on Naval Affairs. · C. Johnson-to the Committee on Military Affairs. By Mr. BROUSSARD: A bill (H. R. 9346) for the relief of John Ellis, of Vermilion Parish, La.-to the Committee on War PETITIONS, ETC. Claims. · .By Mr. CALLAHAN: A bill (H. R. 9347) for the relief of John Under clause 1 of Rule XXII, the following petitions and papers Kingston-to the Committee on War Claims. were laid on the Clerk's desk and referred as follows: By Mr. CASTLE: A bill Sking for the passage of a bill to raise the age of protection for Judiciary. girls to 18 years in the District of Columbia-to the Committ-ee Also, petitions of the woman's Christian Temperance Union of on the Judiciary. Uxbridge, Mass., and the Woman's Christian Temperance Union Also, petitions of the Woman's Christian Temperance unions of and Stmday school of Northampton, :Mass., urging the passage of Lempster, Union, and Warner, N.H., andMethodistEpiscopalcon­ a bill to prohibit the sale of liquors in Government buildings-to gregation of Colebrook, N.H., in favor of the passage of a bill to the Committee on Alcoholic Liquor Traffic. prohibit the sale of liquor in Government buildings-to the Com­ Also, petitions of the Bay State Woman's Christian Temperance mittee on Public Buildings and Grounds. Union and Sunday school, of Northampton, Mass., praying for the Also. petitions of the Woman's Christian Temperance unions of enactment of legislation to protect State anti-cigarette laws by Lempster and Colebrook, N. H., in favor of legislation to protect providing that cigarettes imported in original packages on enter­ State anti-cigarette laws by providing that cigarettes imported in mg any State shall become subject to its laws-to the Committee original packages on entering any State shall become subject to on the Judiciary. its laws-to the Committee on the Judiciary. By Mr. GRIFFIN: Three petitions of citizens of Eau Claire, 1898. CONGRESSIONAL RECORD-HOUSE. 3071

Wis., in favor of the passage of the anti-scalping ticket bill-to effectually restrict immigration and prevent the admission of the Committee on Interstate and Foreign Commerce. illiterate, pauper, and criminal classes to the United States-to By Mr. HAMILTON: P~tition of Do_nald C.. Hen:derson, of Alle­ the Committee on Immigration and Naturalization. gan, Mich., for compensa~on for spee1al se~ces m the war from Also, petition of the Baptist Church of New London, Ohio, urg­ 1861 to 1865-to the Committee on War Clarms. ing the passage of a bill to prohibit the sale of liquors in Govern· By Mr. HEATWOLE: Petitions of citizens of Faribault, Hast­ ment buildings-to the Committee on Public Buildings and ings, and Gaylord,, Minn., in favor of the so-~Jled anti-scalping Grounds. bill-to the Committee on Interstate and Foreign Commerce. Also, petition of the Baptist Church of New London, Ohio, to Also, petition .o! M. P. Curtis .and other citizens o~ Lesue.~, raise the age of protection for girls and to protect State anti· Minn., in opposition to Senate bill No. 2736, to ~stab~h a diVI· cigarette laws-to the Committee on the Judiciary. sion in the Treasury Department for the regulation of msurance, By Mr. KIRKPATRICK: Resolutions of the Trades League of and for other purposes-to the Committee on the Judiciary. Philadelphia, Pa., suggesting an amendment to House bill No. By Mr. HILBORN: Petitions of Herman Paine and 167 citizens 8057, relating to train wrecking-to the Committee on the Judi· of Oakland, and F. M. Gordon and 123 citizens of Sacramento, Cal., ciary. favoring the passage of a law which will exclude from entrance Also, resolutions of the Trades League of Philadelphia, Pa., into the United States undesirable immigrants of all classes-to asking for the passage of House bill No. 8066, relating to appro­ the Committee on Immigration and Naturalization. . priations to aid in the holding of a national exposition of Am.eri· Also, resolutions of Republicans of Alameda County, Cal., in can products and manufactures in Philadelphia-to the Commit­ mass meeting assembled, urging the repeal or modification of the tee on Interstate and Foreign Commerce. civil-service law-to the Committee on Reform in the Civil Service. By Mr. KULP: Protest of the Woman's Indian Association of Also, resolutions of the Chamber of Commerce of San Francisco, Philadelphia, Pa., against Senate amendment No. 4 contained in Cal., indorsing House bill No. 6346, known as the Bull bill, for the the Indian appropriation bill-to the Committee on Indian Affairs. enrollment and organization of the naval reserve forces of the Also, papers to accompany House bill No. 8991, for a correction United States-to the Committee on Naval Affairs. of the Inilitary record of John K. Robison-to the Committee on By Mr. HILL: Petitions of First Congregational Church, Ad­ Military Affairs. ~ent Christian Church, Calvary Baptist Church, Third Congrega­ Also, resolutions of the American Paper and Pulp Association, tionalG~urch, First Methodist Episcopal Church, of ·Torrington, of New York State, in support of Senate bill No. 753, for the estab­ Conn., theYoungWomen'sChristian Temperance Union of South lishment of an international bank-to the Committee on Banking Norwalk, Conn.; churches and societies of Stratford, Conn.; Con­ and Currency. . gregational Church of Torringford; Woman's Christian Temper­ Also, petition of the Woman's Christian Temperance Union of ance Union, Baptist Church, First Congregational Church, and Mount Carmel, Ohio, for the passage of bills to prohibit inter· ~piscopal Church, of Shelton, Conn., for the passage of a bill state gambling by telegraph and to protect the first day of the which forbids the sale of alcoholic liquors in Government build­ week-to the Committee on the Judiciary. ings-to the Committee on Public Buildings and Grounds. Also, petition of the Woman's Christian Temperance Union of Also, petitions of churches and societies of South Norwalk, Tor­ Mount Carmel, Ohio, for the passage of pills to prohibit the inter· rington, Torringford, Stratford, and-Shelt<>n, Conn., for the pas­ state and mail circulation of newspaper descriptions of prize fights sage of a bill to forbid interstate transmission of lottery and other and the 1·eproduction of prize fights by the kinetoscope-to the gambling matter by telegraph-to the Committee on Interstate Committee on Interstate and Foreign Commerce. · . and Foreign Commerce. · · Also, petition of the Woman's Christian Tempe1·ance Union of Also, petitions of churches and societi.es of Torringford, Tor· Mount Carmel, Ohio, praying for the enactment of -legislation to ring ton, and South Norwalk, Conn., askmg for the passage of a substitute voluntary arbitration fur railway strikes-to the Com· bill to raise the age of protection for girls to 18 years in the Dis­ mittee on Labor. trict of Columbia-to the Committee on the Judiciary. By Mr. LANHAM: Petitions of citizens of Fort Worth and Also, petition of the Young Women's Christian Temperance Mansfield, Tex., in favor of the anti-scalping bill-to the Commit. Union of South Norwalk, Conn., for the passage of the anti­ tee on Interstate and Foreign Commerce. cigarette law-to the Committee on Interstate and Foreign Com­ By Mr. LOUD: Petition of CentellaMethodistEpiscopal Church, merce. of San Jose, and Methodist Preachers' Association of Santa Clara, Also, petition of T. C. Wygatt and others, in favor of restricting Cal., praying for the enactment of legislation raising the age of immigration-to the Committee on Immigration and Naturaliza­ protection for girls to 18 years in the District of Columbia and tion. the Territories-t.o the Committee on the Territories. By Mr. HITT: Petitions of citizens of Chicago, Rockford, Ga­ Also, petition of the Methodist Preachers' Association of Santa lena, and Mount Carroll, ill., favoring the passage of the anti­ Clara, and Centella Methodist Episcopal Church, of San Jose, scalping bill-to the Committee on Interstate and Foreign Com­ Cal., for the passage of bills forbidding the interstate transmission merce. of lottery and other gambling matter by telegrat>h, and to pro­ · By Mr. HOWELL: Petition of the Baptist Church of Avon by tect State anti-cigarett.e laws-to the Committee on Interstate the Sea,N. J.,forthe passage of a bill to protect State anti-cigarette and Foroign Commerce. laws, to forbid the transmission of lottery messages by telegraph, Also, petition of the Santa Clara Methodist Preachers' Associa­ and to raise the age of protection for girls to 18 years-to the tion and Centella Methodist Episcopal Church, of San Jose, Cal., Committee on the Judiciary. · • praying for the enactment of legislation prohibiting the sale of Also, petition of the Baptist Church of Avon by the Sea, N.J., intoxicating liquors in all Government buildings-to the Commit­ for the passage of a bill prohibiting the sale of intoxicating liquors tee on Alcoholic Liquor Traffic. in all Government buildings-to the Committee on Public Build­ By Mr. LOVERING: Petition of the Woman's Christian Tem­ ings and Grounds. perance Union of Halifax, Mass., asking for the passage of a bill By Mr. JONES of Washington: Petition of the Seattle Cham­ to raise the age of protection for girLs to 18 years in the District of ber of Commerce. for the establishment of a Government assay Columbia-to the Committee on the Judiciary. office at Seattle, Wash.-to the Committee on Coinage, Weights, By Mr. McALEER: Resolution of the 'lravelers' Protective As· and Measures. sociation, Pennsylvania Division, favoring the passage of the anti4 By Mr. KELLEY: Petitions of the Woman's Christian Tem­ scalping bill-to _the Committee on Interstate and Foreign Com· perance Union of South Dakota and the Sioux Falls (S.Dak.) merce. Young Woman's Christian Temperance Union, in favor of the By Mr. MANN: Sundry petitions of citizens of Chicago, Til., bill which forbids the sale of alcoholic liquors in Government favoring the passage of the anti-scalping bill-to the Committee buildings-to the Committee on Public Buildings and Grounds. on Interstate and Foreign Commerce. Also. petitions of the Sioux Falls (S. Dak.) Young Women's By M1·. MAXWELL: Petition of the Woman's Christian Tem­ Christian Temperance Union, for tha bill to raise the age of pro­ perance Union of Lincoln, Nebr., in favor of legislation to protect tection for girls to 18 years in the District of Columbia and the State anti-cigarette laws by providing that cigarettes imported in Territories-to the Committee on the Judiciary. original packages on entering any State shall become subject to Also, petitions of the Sioux Falls (S. Dak.) Young Women's its laws-to the Committee on Interstate and Foreign Commerce. Christian Temperance Union, for the bill to protect State anti­ By Mr. MEEKISON: Papers to accompany House bill No. cigarette laws by providing that cigarettes imported in original 8106, for the relief of Joseph Bulger-to the C{)mmittee on Pen4 packages on entering any State shall become subject to its laws­ sions. to the Committee on the Judiciary. Also, papers to accompany House l>ill No. 8422, for the relief of Also, petition of the Woman's Christian Temperance Union of Adaline Kauffman-to the Committee on Pensions. South Dakota, for the passage of a bill to prohibit transmission by By Mr. MIERS of Indiana: Paper to accompany House bill for mail, etc., of pictures or descriptions of prize fights-to the Com­ the relief of Joseph M. Baldwin-to the Committee on Invalid mittee on Interstate and Foreign Commerce. Pensions. By .Mr. KERR: Petition of Norman R. Snyder and 22 citizens By Mr. MOON: Papers and map on Tennessee River improve· of Mansfield, Ohio, favoring the enactment of legislation to more ment-to the Committee on Rivers and Harbors. 3072 OONGRESSION.A.L RECORD-HOUSE. MARoH 21)

ByMr.NORTHWAY: Petition of the Woman's Christian Tem­ By Mr. ROBBINS: Resolutions. of Bellview Lodge, of Anita, perance Union of Champion, Ohio, praying for the enactment of and Covode Lodge, No. 285, of Covode, Pa., Knights of Pythias, legislation to protect State anti-cigarette laws by providing that in support of House bill No 6468, granting land at Hot Springs, cigarettes imported in original packages on entering any State Ark., for the purpose of erecting and maintaining a sanitarium shall become subject to its laws-to the Committee on Interstate thereon-to the Committee on the Public Lands. and Foreign Commerce. By Mr. ROBINSON Of Indiana: Petition of 0. W. Lake and -Also, petition of B. F. Kerr and 92 citizens of Ashtabula, Ohio, four other citizens of New Haven, Ind., against ticket scalping­ in favor of the passage of the so-called anti-scalping ticket bill­ to the Committee on Interstate and Foreign Commerce. to the Committee on Interstate and Foreign Commerce. By Mr. SAYERS: Petition of sundry citizens of Leander, Tex., Also, petitions of the Yonng People's Society of Christian En­ in favor of the anti-scalping bill-to the Committee on Interstate­ deavor of Eagleville (Ohio) Congregational Chnrch; the people of and Foreign Commerce .. Chardon, Ohio, and the Woman's Christian Temperance Union By Mr. SHAFROTH: Petition of the Bar Association of Den· of Barberton, Ohio~ in favor of the bill which forbids the inter­ ver, Colo., urging the passage of Senate bill No. 3268-to the Com· state transmission of lottery mess-ages and other gambling matter mittee on the Judiciary. by telegraph-to the Committee on Inte~-state and Foreign Com­ Also, petition of Lodge No. 196 and citizens of Denver, Colo., merce. in favor of the anti-scalping bill-to the Committee on Interstate Also, petition of the Woman1s Christian Temperance Union of and Foreign Commerce. - Barberton, Ohio, in favor of a bill to protect State anti-cigarette Also, petition of the West Side Woman's Christian Temperance laws by providing that cigarettes imported in original packages on Union of Denve1·! Colo., praying for the enactment of legislation entering any State shall become subject to its laws-to the Com­ to protect State anti-cigarette laws by providing that cigarettes mittee on Interstate and Foreign Commerce. imported in original packages on entering any State shall become· Also, petition of citizens of Chardon, Ohio, in favor of raising subject to its laws-to the Committee on the Ju~ciary. the age of protection for girls to 18 years in the District of Colum­ By Mr. SHERMAN: Petitions of Commercial Club,. Cedar Rap4 bia and the TerritorieH-to the Committee on the District of ids, Iowa, and 149 business firms; Business Men's League, Hot Columbia. Springs, Ark.; Chamber of Commerce and Board of Trade, Den· Also, petition of the Congregational Chnrch of Austinburg, ver, Colo.; 48 residents of Pueblo, Colo.; Rev. Henry Hyde, Som­ Ohio,. against the sale of alcoholic liquors in Government bnild­ ersworth, N.H.; Rev. John Thorpe, East Andover, N.H.; Rev. ings-tothe Committee on Public Buildings and Gro.unds. William Bryce Morrow, B1"istol, Pa.; Rev. William W. Living· By Mr. PAYNE: Resolution of Wayne Lodge, No. 291, of New­ stone, Jaffrey, N.H.; Rev. L. E. Miller, Corsica, Pa..; Rev. J.P.­ ark, Brotherhood of Railroad Trainmen, in favor of the pa,ssage Seave, New Brunswick, N.J.; Rev. E. A. Ballard, Ocean Gro,.e, of the so-called anti-scalping ticket bill-to the Committee on In­ N. J.; Chaplain Charles E. Hill, Red Bank, N. J.; Rev. S. P. terstate and Foreign Commerce. Wost. Franklin, Pa. · Rev. Cr K. Nelson, bishop of Georgia; Rev, Also, petition of the First Baptist Church of Benton, N.Y., for J. W. Owens, Drmcannon, Pa.; Rev. S. E. Elliott, Monnt Pleas· the passage of an anti-treating law-to the Committee on Alco­ ant, Pa.; Rev. G. W. Lanner, Davidsonville, Md.; Rev. W. W. holic Liquor TI·affic. Carr, Rutherford, N. J.; Rev. T. C. Anderson, Tarentum, Pa.; Also,. petition of the Woman!s Christian Temperance Union of Rev. E. D. Palmer, Philadelphia, Pa.; Rev. J. C. Mumma,

Taylor1 Cortland COtmty, N.Y., for the passage of a bill which Rebersburg, Pa.; Rev~ M. D. M. Altice, Warsaw, N.Y.; Rev. forbids the sale of alcoholic liquors in Government buildings-to J. Link,. Brookville, Pa.; Rev. C. W. Miner, Union City, Pa.; the Committee on Public Buildings and Grounds. Rev. J. T. Loring, Washington, D. C.; Rev. R. H. Moore, Also, petition of the Woman's Christian Temperance Union of Chester, Pa.; Rev. S. M. Goohrillg. Sugar Hill, Pa..; Rev. J. Taylor, N. Y., for the passage of bills to protect State anti-cigarette Parker, Asbnry Park, N. J.; Rev. D. C. Roberts, Concord,. laws, to raise the age of protection for girls, and to prohibit inter­ N. H.; Rev. J. M. Wallace, Pitt burg, Pa..; Rev. C. C. Weber, state transmission of lottery messages by telegraph-to the Com­ Philadelphia., Pa., and Rev. Thomas Perry, Wilkinsburg, Pa., mittee on the Judiciary. in favor of the passage of House bill No. 7130 and Henate bi111575, By Mr. PITNEY: Petitions of Stanley Congregational Chnrchy relating to ticket brokerage-to the Committee on Interstate and Methodist Episcopal Church. Christian Endeavor Society of the Foreign Commerce. - Presbyterian Church, and Reformed Chm·ch, all of Chatham~N.J., By Mr. SHOW.ALTER: Petitions of the Second Presbyt-erian in favor of bills to raise the age of protection for girls in the Dis­ Church of Butler, Pa., in favor of a bill to protect State anti­ trict of Columbia, to forbid the interstate t1·ansmission of lottery cigarette laws. to forbid the interstate transmis ion of lottery messages by telegraph, to protect State anti-cigarette laws, and messages by telegraph, and to raise the age of protection for girls. for the Sunday-rest law-to the Committee on the Judiciary. in the District of C<>lumbia to 18 years-to the Committee on the Also, petitions of the Methodist Episcopal Church, Stanley Con­ Judiciary. gregational Chnrch, Christian Endeavor Society of the Presby­ Also, petition of the Second Presbyterian Church of Butler, Pa., terian Chnrch,. and Reformed Church, all of Chatham, N.J.• pray­ praying for the enactment of legislation prohibiting the sale of ing for the passage of a bill to forbid the sale of liquor in the intoxicating liquor in all Government buildings-to the Commit­ national Capitol and in all Government buildings-to the Com­ tee on Public Buildings and Grounds. mittee on Alcoholic Liqum· Traffic. Also, petition of the Second Presbyterian Church of Butler, Pa., • By Mr. REED : Petition of the Woman's Chri tian Temperance favoring the passage of a Sabbath law for the national capital-to unions of Windham Center and Bolsters Mills~ Me., for the pas­ the Committee on the District of Columbia. sage of a bill to protect State anti-cigarette laws by providing that Al o:p~tition of the Second Presbyterian Church ofButler,Pa., cigarettes imported in original packages on entering any State shall praying for the enactment of legislation prohibiting the interstate become subject to its laws-to the Committee on the Judiciary. transmission of newspaper de cr·jptions and 1rinetoscope reproduc­ - Also, petition of the Woman•s Christian Temperance Union of tions of prize fights, etc.-to the Committee on Interstate and Deering, Me., for the bill which forbids the interstate transmission Foreign Commerce. of lottery messages and other gambling matter by telegraph-to Also, petition of the Second Presbyterian Church of Butler, Pa., the Committee on the Judiciary. to appoint a commission to investigate the labor problem and to Also, petition of the Woman's Christian Temperance unioUB of substitute voluntary arbitration for railroad strikes-to the Com­ Windham Center and Deering, Me., for the bill to raise the age of mittee on Labor. protection for girls to 18 years in the District of Columbia and the By Mr. SOUTHARD: Three petitions of citizens of North Balti Territories-to the Committee on the Judiciarv. more, Wood Connty: Ohio, urging the enactment of legislation By Mr. RIXEY: Petition of William M. Eflison and 181 citi~ which will more effectually restrict immigration and prevent the zens of the Eighth Congressional district of Virginia, in favor of admission of illiterate. pauper, and criminal classes to the United legislation which will more effectually restrict immigration and States-to the Committee on Immigration and Naturalization. prevent the admission of illiterate, pauper, and criminal classes Also, petition of the American LOyal Railway League, in favor to the United States-to the Committee on Immigration and Nat­ of the passage of the anti-scalping bill-to the Committee on Inter· uralization. state and Foreign Commerce. - Also, petition of Mary A. Ross, of Washington, D. C., praying Also, petitions of the Methodist Episcopal and First Presbyte­ that the Committee on War Claims refer her claim, together with rian churches of Delta., and Christian Church of Canterbury, State all papers and proofs relating thereto which were submitted to of Ohio, favoring the bill which forbids the sale of alcoholic the Southern Claims Commission, to the Court of Claims-to the liquors in Government buildings-to the Committee on Publin. Committee on War Claims. Buildings and Grounds. Al~o, petition of the heirs of Benjamin A. Hummer, deceased, Also, petitions of various churches of Delta, Canterbury, Tedrow, late of Fairfax County, Va., asking that his claim be referred to and Toledo, Ohio, favoring the bill to raise the age of protection the Court of Claims-to the Committ-ee on War Claims. for girls to 18 years in the District of Columbia and the Territo.. Also, petition of the heirs of Felitia Adams, deceased, late of ries-to the Committee on the Judiciary. Fauquier County, Va.,praying reference of her claim to the Court Also, petitions of thevariouschurchesof Delta and Canterbury, of Claims-to the Committee on War Claims.. Ohio, favoring the bill which forbids the interstate- transmis ion. 1898. CONGRESSIONAL RECORD-SENATE. 3073

of 1attery messages and other gambling matter by telegraph-to Iported in original packages on entering any State shall become the Committee on the Judiciary. subject to its laws-to the Committee on the Judiciary. Also, petitions of various churches of Delta, Canterbury, and I Also, petition of Woman·s Christian Temperance Union, of Toledo, Ohio, favoring the passage of a bill to protect the State Lockport, N. Y., favoring the passage of a bill to appoint a non· anti-cigarette laws by providing that cigarettes imported in orig- partisan labor commission-to the Committee on Labor. inal packages on entering any State shall become subject to its Also, petition of Woman's Christian Temperance Union of Lock· laws-to the Committee on the Judiciary. port, N. Y.,favoring the passage of a bill to limit absolute divorce By Mr. STEELE: Petition of D. E. Purviance and 26 citizens of to cases of adultery in the District of Columbia and the Terri· AndTews, Ind., favoring the passage of the anti-scalping bill-to tories-to the Committee on the Judiciary. the Committee on Interstate and Foreign Commerce. Also, petition of Woman's Christian Temperance Union of Lock· Also, petition of A. A. Covalt and 50 other citizens of Green- port, N. Y., favoring the passage of a bill to substitute voluntary town, Ind., asking for the passage of a bill to prevent the adulter- arbitration for railway strikes-to the Committee on Labor. ation of :flour-to the Committe3 on the Judiciary. By Mr. WALKER of Massachusetts: Petition of Worcester By Mr. STEVENS of Minnesota: Resolutions of the Minneapo- Lodge, No. 16, Independent Order of Good Templars, of W orces· lis Board of Trade, favoring the passage of House bill No. 8066, ter, Mass.~ for the passage of bills to protect anti-cigarette laws 1·elating to appropriations for a national exposition at the city of and to forbid the interstate transmission of lottery messages-to Philadelphia-to the Committee on Manufactures. the Committee on the Judiciary. Also, resolutions of the Minnesota State Historical Society, in By Mr. WHEELER of Alabama: Petition of Mary B. Dancy, favor of the· passa.ge of a bill to prevent the defacement of the of Morgan County, Ala., praying that her war claim be referred American flag-to the Committee on the Judiciary. to the Court of Claims-to the Committee on War Claims. By Mr. SUTHERLAND: Papers in support of House bill No. Also, petition of the heirs of J. W. S. Donnell, deceased, late of 3706, to correct the military record of William M. McElvain-to Limestone County, Ala., requesting reference of his claim to the the Committee on Military Affairs. Court of Claims under act of March 3, 1883-to the Committee on Also, paper to accompany House bill No. 3547 for the relief of War Claims. James H. McFarland-to the Committee on Invalid Pensions. By Mr. WEYMOUTH: Petition of First Baptist Church of Also, paper to accompany House bill No. 8517, in support of the Ashland, Mass., for the bill which.forbids the sale of alcoholic claim of Josephus Merritt for relief-to the Committee on Invalid liquors in Government buildings-to the Committee on Public Pensions. Buildings and Grounds. Also, paper to accompany House bill No. 6687, for the relief of Also, petition of First Baptist Church, Ashland, Mass., for the Maggie S. Carr-to the Committee on Invalid Pensions. passage of a bill to protect State anti-cigarette laws by providing By Mr. TAWNEY: Resolutions of Battery A, First Artillery, that cigarettes imported in original packages on enttlring any Minneapolis, Minn., favoring an appropriation to promote the State shall become subject to its laws-to the Committee on the efficiency of the militi~to the Committee on the Militia. Judiciary. Also, petition of A. J. Greer and 24 others, of Lab~ City, Minn., Also, petition of First Baptist Church, Ashland, Mass., for the in favor of legislation abolishing ticket brokerage-to the Com- bill which prohibits the interstate transmission of lottery mes­ mittee on Interstate and Foreign Commerce. Isages and other gambling matter by telegraph, also for the bill to By Mr. UPDEGRAFF: Petition of C. -W. Gilson, Eelling Me- raise the age of protection for girls to 18 years in the District of gorden, and 15 citizens of Calmar, Iowa, favoring the passage of Columbia and the Territories-to the Committee on the Judiciary. the anti-scalping bill-to the Committee on Interstate and For- I Also, petition of the Congregational Church, for the bill to raise eign Commerce. the age of protection for girls to 18 years in the District of Co. By Mr. VINCENT: Petitions of George W. Chase and 77 others, lumbia and the TeTritories-to the Committee on the Judiciary, Cyrus Lawrence and 102 others, all citizens of Junction City, Kans., in favor of legislation to more effectually restrict immigra­ tion and prevent the admission of illiterate, pauper, and criminal SENATE. classes to the United States-to the Committee on Immigration and Naturalization. TUESDAY, March 22, 1898. -Also, three papers to accompany House bill No. 5836, to remove Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. the charge of desertion against John A. Goddard-to the Commit­ The Secretary proceeded to read the Journal of the proceedings tee on Military Affairs. of yesterday, when, on motion of Mr. CARTE~t, and by unanimous By Mr. WADSWORTH: Petitions of the Johnston Harvester consent, the further t·eading was dispensed with. Company, John Brown, Charles Hirsh, David D. Lent, N. Hays, and other citizens of Batavia, N.Y., in favor of the passage of the CREDENTIALS. so-called anti-scalping bill-to the Committee on Interstate and Mr. FORAKER presented the credentials of MARcus ALoNZO Foreign Commerce. HANNA, chosen by the legislature of the State of Ohio a Senator Also, petition of the Woman's Christian Temperance Union of from that State for the term commencing March 4, 1899; which Lockport, N.Y., in favor of a bill for protection of the Sabbath were read, and ordered to be placed on file. in the District of Columbia-to the Committee on the District of MEMORIAL ADDRESSES ON THE LATE SE..~ATOR HARRIS. Columbia. Mr. BATE. I wish to give notice that on Thursday next, after Also, petitions of the Woman's Christian Temperance unions of the speech of the Senator from Nebraska [Mr. THURSTON], say Lockport and Batavia, N.Y., favoring the bill to raise the age of at about 2 o'clock, I shall present and ask for the consideration of protection for girls to 18 years in the District of Columbia and resolutions on the life and character of my late colleague, Senator the Territories-to the Committee on the Judiciary. HARRIS. -Also, petition of the Woman's Christian Temperance Union of The VICE-PRESIDENT. The notice will be entered. Lockport, N. Y., favoring the passage of a bill to cut off novels AFFA.IRS IN CUBA. and bogus papers from newspaper rates-to the Committee on the Post-Office and Post-Roads. Mr. GALLINGER. Mr. President, I desire togivenotice that, Also, petition of Woman's Christian Temperance Union of Lock­ yielding to the kind solicitations of several of my Senatorial col­ port, N. Y., favoring the passage of a bill to prohibit the repro­ leagues, I have concluded to ask the indulgence of the Senate to. duction of prize fights by kinetoscope in the District of Columbia morrow, after the routine morning business shall have been disposed and the Territories and the interstate transmission of such de­ of, to make a brief statement covering some observations that I vices-to the Committee on the Judiciary. recently made in the Island of Cuba. Unless something in the Also, petitions of Woman's Christian Temperance unions of Lock­ meantime should occur to make it improper that I should do so, port and Batavia, N.Y., favoring the passage of a bill to forbid I shall occupythe attention of the Senateaverybrieftime forthat interstate gambling by telegraph or telephone-to the Committee purpose. on the Judiciary. MESSAGE FROM THE HOUSE. Also. petition of Woman's Christian Temperance Union of Lock­ A message from the House of Representatives, by Mr. W. J. port, N.Y., favoring the passage of a bill to exclude illiterate im­ BROWNING, its Chief Clerk, announced that the House had passed migrants from the United States-to the Committee on Immigra­ the following bills: tion and Naturalization. A bill (S. 294) granting increase of pension to John J. Boat­ Also, petition of Woman's Christian Temperance unions of wright; Lockport and Batavia, N.Y., favoring the passage of a bill to A bill (S. 432) for the relief of the heirs of Sterling T. Austin, prohibit the sale of intoxicating liquors in all Government build­ deceased; ings-to the Committee on Public Buildings and Grounds. A bill (S. 1111) granting·an increase of pension to Joseph V. Also, petitions of Woman's Christian Temperance unions of Bowie; Lookport and Batavia, N. Y., favoring the passage of a bill to A bill (S. 1465) granting an increase of pension ~Daniel Phil· protect State anti-cigarette laws by providing that cigarettes im- lips; and - . . --··-·--..._.. XXXI-193