Congressional Record-House. 4803

1898. CONGRESSIONAL RECORD-HOUSE. 4803

NOMINATIONS. ASSISTANT APPRAISER OF MERCHANDISE. Executive nominations received by the Senate May 11, 1898. Harvey T. Andrews, of New York, to be assistant appraiser of merchandise in the district of New York, in the State of New PROMOTIO~ IN THE NA. VY. York. Commodore George Dewey, to be a rear-admiral in the Navy, REGISTER OF THE LAND OFFICE. under the provisions of section 1508 of the Revised Statutes, he William V. Lucas, of Chamberlain, S.Dak., to be register of having, upon the recommendation of the President by name, r~ the land office at Chamberlain, S. Dak. ceived the thanks of Congress by joint resolution approved May LAND COMMISSIO~""ERS, 10, 1898. ' William W. Alderson, of Bozeman, Mont., to be a commissioner APPOL~TMENT IN THE NAVY. to examine and classify lands within the land-grant and indem ~Ion Obed Huntington, a citizen of Minnesota, to be an assist nity l~d-grant limits of the Northern Pacific Railroad Company ant surgeon in the Navy, to fill a vacancy. in the Bozeman land district in Montana. APPOINTMENTS IN THE VOLUNTEER ARMY. Joseph C. Auld, of Glendive, Mont., now a commissioner in the Bozeman district, to be a commissioner to examine and classify To be inspector-general, with th~ rank of lieutenant-colonel. lands within the land-grant and indemnity land-grant limits of Curtis Guild, jr., of Massachusetts. the Northern Pacific Railroad Company in the Helena land dis- To be judge-advocate, u'ith the rank of lieutenant-colonel. trict in Montana. . POSTMASTERS. Frederick A. Hill, of Connecticut. Robert E. Wherritt, to be postmaster at Park City, in the To be assistant adjutants-general, with the rank of captain. county of Summit and State of Utah. _ Erskine Hewitt, of New York. Herbert W . Davis, to be postmaster at Falconer, in the county William B. Allison, jr., of Iowa. of Chautauqua and State of New York. The names of Curtis Guild, of Massachusetts; F. A. Hill, of William N. Walla~e, to be postmaster at Gowanda, in the Connecticut; Irslrin Hewitt, of New York, and W. B. Allison, of county of Cattaraugus and State of New York. Iowa, submitted to the Senate 1\Iay 9, 1898, are withdrawn, and Theodorus Hart, to be postmaster at Pittston, in the county of the above list for the appointment of the same persons to the same Luz.erne and State of Pennsylvania. offices substituted, with the view to correction of names. Melvin E. Horner, to be postmaster at Belmont, in the cot'mty of Allegany and State of New York. ASSOCIATE JUSTICE, SUPREME COURT OF NEW MEXICO, John P. Herrick, to be postmaster at Bolivar, in the county of C~arles A. Leland, of Ohio, to be associate justice of the supreme Allegany and State of New York. court of the Territory of New Mexico, vice Humphrey B. Hamil E. W. Roberts, to be postmaster at Luzerne, in the county of ton, to be removed. Luzerne and State of Pennsylvania. SURVEYOR OF CUSTOMS, Simoh Frankie, to be postmaster at Chicora, in the county of Bt:J.tler and State of Pennsylvania. Elijah W. Adkins, of Tennessee, to .be sul,'Veyor of customs for John C. Bensinger, to be postmaster at Stroudsburg, in the the port of Knoxville, in the State of Tennessee. Office· created county of Monroe and State of Pennsylvania. by act of Congress approved April21, 1898. John G. Joy, to be postmaster at Salinas, in the county of Mon~ COLLECTORS OF CUSTOMS, terey and State of California. D. M. Turner, to be postmaster at Towanda, in the county of Christopher D. Jones, of North Carolina, to be collector of cus Bradford and State of Pennsylvania. toms for the district of Beaufort, in the State of North Carolina, John Scher, jr., to be postmaster at Dushore, in the county of to succeed John D. Davis, whose term of office has expired by lim Sullivan and State of Pennsylvania. itation. James Agnew, to be postmaster at Mercersburg, in the county Clarence G. Smithers, of Virginia, to be collector of customs for of Franklin and State of Pennsylvania. · the district of Cherrystone, in the State of Virginia, to succeed William W. Wilson, to be postmaster at Chico, in the county of Robert L. Ailworth, whose term of office will expire by limitation Butte and State of California. :May 16! 1898. · Mellie B. Towne, to be postmaster at Orange, in the county of William F. Stone, of Maryland, to be collector of customs for Orange and State of California. the district of Baltimore, in the State of Maryland, to succeed William P. McCleery, to be postmaster at Troy, in the county Frank T. Shaw, whose term of office has expired by limitation. of Bradford and State of Pennsylvania. William B. Todd, of the District of Columbia, to be collector of Irwin G. Lukens, to be postmaster at North Wales, in the customs for the district of Georgetown, in the District of Colum county of Montgomery and State of Pennsylvania. bia, to succeed Dorsey Clagett, resigned. Thomas F. Dunn, jr., to be postmaster at Weatherly, in the NAVAL OFFICER. county of Carbon and State of Pennsylvania. Norman B. Scott, jr., of Maryland, to be naval officer o~ cus toms in the district of Baltimore, in the State of Maryland, to succeed Barnes Compton, whose term of office has expired by lim HOUSE OF REPRESENTATIVES. itation. RECEIVER OF PUBLIC MONEYS. WEDNESDAY, ]fay 11, 1898 . . DavidS. Hooper, of Redfield, S.Dak., to be receiver of public The House. met at 12 o'clock m. Prayer by the Chaplain, Rev. moneys at Pierre, S.Dak., vice John R. Hughes, term expired. HENRY N. COUDEN, POSTMASTER, The Journal of yesterday's proceedings was read and approved. Joseph F. Doyle, to be postmaster at Savannah, in the county LEAVE OF ABSE..~CE. of Chatham and State of Georgia, in the place of George S. Haines, By unanimous consent, leave of absence was granted as follows: removed. The nomination of Henry Blun, jr., to the above-named To Mr. JoHNSON of North Dakota, indefinitely, on account of office, which was delivered to the Senate February 4, 1898, is important business. hereby withdrawn. To 'Mr. GILLET of New York, for five days, on account of sick~ ness in family. WITHDRAWAL. WITHDRAWA.L OF PAPERS. "'~ t · · t · 'thd M 11 1898 By unanimous consent, Mr. BROWN obtained leave to withdraw ..L!;Wecu we nomtna wn un rawn ay ' • from the files of the House, without leaving copies, the papers in Thomas H. Conniff, of Pierre, S.Dak., which was sent to the the case of John V. Sullivan, Fifty-fourth Congress, no adverse Senate January 5, 1898, to be receiver of public moneys at Pierre, report having been made thereon. S.Dak., vice John F. Hughes, term expired, Mr. Conniff having dec1ined. · ~t:ESSAGE FROM THE SENATE. A message from the Senate, by Mr. PLATT, one of its clerks, announced that the Senate had disagreed to the amendments of CONFIRMATIONS. the House of Representatives to the bill (S. 4518) to provide assist Executive nominations confirmed by the Senate May 11, 1898. ance to the inhabitants of Cuba, and arms, munitions, and mili PROMOTION IN THE NAVY. tary stores to the insurgent forces, and for other purposes, asked Commodore George Dewey, to be a rear-admiral. a oonference with the House on the disagreeing votes of the two Houses thereon, and had appointed Mr. HAWLEY, Mr. CARTER, UNITED STATES ATTORNEY, and Mr. CoCKRELL as the conferees on the part of the Senate. James K. Barnes, of Arkansas, to be attorney of the United The message also announced that the Senate had agreed to the States for the western district of Arkansas. amendments of the House of Representatives to the bill (S. 4468) 4804 CONGRESSIONAL RECORD-HOUSE. MAY 11, to provide for a volunteer brigade of engineers and an additional Mr. DANFORD. Well, it is to call up from the Speaker's table force of 10,000 enlisted men specially accustomed to tropical eli· the bill S. 112 for present consideration. mates. The SPEAKER. The Clerk will report the bill. The message also announced that the Senate had agreed to the The Clerk read as follows: report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. A bill (S. 112) to a.mend the immigration laws of the United States. 1316) to provide for organizing a naval battalion in the District of Be it enacted, etc., That section 1 of the act of March 3, 1891, in amendment Columbia. of the immigration and contract-labor acts, be, and hereby is, ~Unended by adding to the classes of aliens therebyexclndedfromadmission to the United The message also announced that the Senate had passed without States the following: amendments joint resolutions of the following titles: "All persons physically capable and over 16 years of age who can not read Joint resolution (H. Res. 214) authorizing the Secl'etary of the or write the English language or some other language; but a person not so able to read or write who is over 50 years of age and lS the parent or grand Treasury to rent lighting apparatus for Government building at parent of a qua.l.ifted immigrant over 21 years of age and ca~a.ble of snpport Trans-Mississippi and International Exposition; and mg such parent or grandparent may accompany such i.m.ullin'ant, or such a. Joint resolution (H. Res. 238) to readmit Nellie Grant Sartoria parent or grandparent may be sent for and come to join the family of a child or grandchild over 21 years of age similarly qualified and capable, and a wife to the character and privileges of a citizen of the United States. or;minor child nQt so able to read or write may accompany or be sent for and The message also announced that the Senate had passed bills of come to join the husband or parent similarly qualified and capable." the following titles; in which the roncurrence of the House was SEC. 2. That for the purpose of te ting the abilit:y of the immigrant to read fr write, as required by the foregoing section, the mspection officers shall be requested: ' onrnished with copies of the Constitution of the United States, printed on S. 4554:. An act to authorize t.he establishment of post-offices at numbered uniform p3.Steboard slips. each containing not less than twenty nor military posts or camps; more than twenty-five words of said Constitution printed in the variouslan S. 4556. An act to suspend certain provisions of law relating to {mages of the immigrants in double small pica type. These slips shall be kept in boxes made for that ~urpose, and so constructed as to conceal the slip from hospital stewards in the United States Army, and for other pur view, each box to contain sli-ps of but one language, and the immigrant may poses; designate the language in which he prefers the test shall be made. Each im S. 4566 . .An act to provide for the increased volume of work in migrant shall be required to draw one of said sliJ?S from the box and read. or afterwards write out in fnll view of the immigration officers, . the words the Adjutant· General's Department of the Army due to the call printed thereon. Eacn1 slip shall be retnrued to the box immediately after ing out of volunteers and the increase of the Regular Army; tho test is finished, and the contents of the box shall be shaken up br, an in S. 4567. An act to organize a volunteer signal corps; and spection officer before another drawing is made. No immigrant f~ to read or write ont the slip thus drawn by him shall be admitted, but he Shall S. R. 83. Joint 1·esolution proposing an amendment to the Con be returned to the country from which he came at the expense of the steam· stitution of the United States. ship or railroad company which brought him, as now provided by law, and The message also announced that the Senate had passed with shall also transport with him the wife, children, and other relatives herein mentioned who came with him. if they desire. The inspection officers shall amendment the following resolution; in which tP.e concurrence keep in each box at all times a full number of said printed pasteboard slips, of the House was requested: and in the case of each excluded immigrant shall keep a certi.tl.ed memoran dum of the number of the slip which the said immigrant failed to read or copy Resolved lnJ the HSpain and this country. It is temporary in its effect. island. The SPEAKER. In this case the rule is invoked which permits This whole section, all important at the present time, is not con a committee to call up from the Speaker's table a measure which tained in the House bill at all. Under this section all the illiterate is ''substantially" the same as one. already reported by the com Spaniards in Cuba are exempted from the provisions of this act mittee. The object of tha restriction is that no committee shall during the continuance of the present disorders there. It does not have it in its power to bring before the House a matter of which say "Cubans," but Hpersons arriving in the United States from there has not been sufficient and reasonable notice. In other any port or place in the Island of Cuba who have heretofore been words, while it was desired under the rules to facilitate legisla inhabitants of that island." Hereisaplaindiscriminationinfavor tion, it was also desired that there should be nothing in the nature of the Spaniards as against all other nations and all friendly na· of a surprise to the Honse. tions of the world. Is this not a material difference between the This bill having come overfrom the Senate, the question arising House and the Senate bill( Will anyone claim, in view of this is, therefore, whether it shall be retained on the Speaker's table difference, that the two bills are substantially the same within the as being substantially the same as one already reported to the meaning of the rule? Why, this difference is as important as the House. In order that it may be so kept upon the table, the Chair bill itself. if not more so, and is no doubt sufficient to cause many must be notified that a committee has passed upon the subject who might otherwise be inclined to support the measure to·vote and made a report to the House and asks that the bill be retained against it or its consideration. on the table for action. The next question to be considered is Again, in section 1, line 9, the Senate bill reads: "Who can not whether the bill upon the Speaker's table from the Senate is read or write. " The House bill reads: "Who can not read and "substantially" the same as the House bill which has been re write." The difference is only in a word, but will anybody claim ported. The reason it ought to be substantially the same is that that, in the language of the rnle, it is not substantial? The one the House may be notified of the subject that ig to. come up, that excludes all who can not both read and write; the other excludes it may have due information as to what is to be brought before only those who can not rMd or those who can not write. In the it~ and if it is so informed by a bill having been considered and immigration figures, that is~ in effect, this will make a snbstan· reported by its committee, that is enough. tial difference of tens of thousands of persons. I can not, under The rule does not say that the two measures shall be absolutely a point of order, go into the merits of this bill, but I may be the same. It only requires that they shall be "substantially'' ... :

4806 CONGRESSIONAL REOORD-HOUSE. MAY 11, the same. Now, as the Chair understands, the bill reported to Mr. PERKINS. Mr. Speaker, I move that the House concur the House provides that only certain persons shall be admitted in the Senate amendment. into this country as immigrants, persons who can read and write The motion was agreed to. or who can pass a certain kind of examination. That is the plan in the House bill and also the plan in the Senate bill. The only PRINTING FOR COMMITTEE ON FOREIGN AFFAIRS. difference is that the Senate bill allows for only a limited time Mr. HITT. Mr. Speaker, I am instructed by the Committee on and to a limited portion of a foreign community the right to be Foreign Affairs to ask unanimous consent of the House to have admitted. It seems to the Chair that the two bills are substan printed necessary matters before the committee, and under its tially the same, if any effect is to be given to the word "sub jurisdiction, within the limit of $.300 allowed by the rule. stantially." The SPEAKER. The Chair thinks the gentleman should spec Now, it may be that this proviso is an inopportune and unsuit ify on what subject. able proviso, in which case the House can deal with it directly; Mr. HITT. It is on subjects generally before the committee. but the Chair feels constrained to hold that the two bills are sub This is a matter for their convenience. It is a similar order to stantially the same, providing for the same examination and also that made in the last Congress. for the Eame exclusion, the only difference being that, owing to The SPEAKER. The gentleman asks unanimous consent that what are thought to be peculiar circumstances, a certain set of authority be given to the Committee on Foreign Affairs, within persons only are to be admitted and for only a limited time. The the limit of the rule, to have printed for the convenience of the Chair therefore overrules the point of order. committee matters now before them for consideration. Is there J\fr. MAHANY. I raise the question of consideration. objection? :Mr. BARTHOLDT. Before the question of consideration is Mr. RICHARDSON. Mr. Speaker, was there not authority raised, I would like to raiEe another point of order. given to the committee early in the session for this printing? The SPEAKER. One point of order disposes of the whole Mr. BITT. There was not, I will inform the gentleman from matter. · Tennessee. I inquired, and found that it was not done. The ques~on now is, Shall the House proceed to consider the ThB SPEAKER. Is there objection to the request of the gentle bill? man from lllinois? 'fhe question was taken; and on a division (demanded by Mr. There was no objection. DANFORD, Mr. WILLIAM A. STONE, and others) there were-ayes POST-OFFICE APPROPRIATION BILL. 48. noes 90. Mr. WILLIAM A. STONE. Mr. Speaker, I demand tellers. Mr. LOUD. Mr. Speaker, I ask to call up the Senate amend Mr. BENNETT, Mr. EVANS, and others. Let us have the yeas ments to the Post-Office appropriation bill now on the table, and and nays. ask the House to nonconcur in the Senate amendments and ask Mr. WILLIAM A. STONE. I think I am entitled first to a for a conference between the two Houses on the disagreeing votes. vote by tellers. The SPEAKER. The Clerk will report the title of the bill. Mr. GAINES. Does not the gentleman think that we had bet The Clerk read as follows: ter be making all of the friends we can now instead of enemies? A bill (H. R. 9008) making approJJria.tions for the support of the Post-Office [Cries of "Regular order! "1 Department for the fiscal year ending June 30,1899 . .Mr. WILLIAM A. STO~. Mr. Speaker, at the suggestion of Mr. LOUD. Now, Mr. Speaker, I ask the House to nonconcur the gentleman from New .York rMr. BENNETT]' I withdraw the in the amendments of the Senate. demand for tellers, and he witharaws the demand for the yeas The SPEAKER. The amendments will be read. and nays. The Clerk proceeded to read the amendments. Mr. BENNETT. I withdraw the demand for the yeas and nays. Mr. WHEELER of Kentucky. Mr. Speaker, can we not have The SPEAKER. The demand for tellers having been with the amended sections as they will stand if we concur in the Senate drawn, and the demand for yeas and nays withdrawn-- amendments read, so that we may understand the effect of the Mr. EVANS. Mr. Speaker, I did not withdraw the demand for amendments. We can gain nothing practical from the reading the yeas and nays. of the bill in its present form. It is impossible to determine what The SPEAKER. The gentleman from New York made the the effect of the amendments will be. demand. Does the gentleman from Kentucky renew it? The SPEAKER. The Chair thinks that ouooht to be done . Mr. EVANS. I do. . The Senate amendments were read, with the sections as pro The question was taken on ordering the yeas and nays; and there posed to be amended. were 27 members only voting in the affirmative on the demand. 1\Ir. LOUD. I ask the House to nonconcur in all the amend The SPEAKER. Twenty-eight members being required under ments of the Senate and ask for a conference. the last vote to call the yeas and nays, the demand is refused. Mr. CUMMINGS. Mr. Speaker, does that not require unani (Applause.] mous consent? So the House refused to consider the bill. TheSPEAKER. TheChairthinksitdoes. REPORT OF L.A.BOR COMMISSIONER. Mr. CUMMINGS. I wish to say to the gentleman from Cali Mr. PERKINS. Mr. Speaker, I call up from the Speaker's table fornia that the reason I ask this question is because the bill ha.s the House concurrent resolution to print the special report of the been so thoroughly changed by the Senate that I think we ought Commissioner of Labor. to have printed copies of it here, so as to ascertain what has really Mr. RICHARDSON. Mr. Speaker, I suppose the bill on the been done. subject of immigration will now be referred to the Committee on Mr. LOUD. I will say that the bill is in print, and the changes Immigration? are not a~ many as the gentleman might anticipate, perhaps, from The SPEAKER. The Chair must consider that question. the reading of the bill. I want to say to the gentleman that I do Mr. RICHARDSON. I make the point of order that it should not suppose he is interested in this bill any fnrther than to have go to that COIP.IIlittee. the Honse nonconcur. That is, I assume that the gentleman is Mr. WILLIAM A. STONE. I demand the regular order. opposed to some of the amendments proposed by the Senate. Mr. RICHARDSON. This is the regular order. Mr. CUMMINGS. That is it. Mr. WILLIAM A. STONE. Under the ruling of the Chair it Mr. LOUD. And that is the action that we propose to take, to is not the regular order. nonconcur, and the House could do nothing further than perhaps The SPEAKER. The Clerk will report the resolution called to instruct- up by the gentleman from Iowa rMr. PERKL.~S]. Mr. CUMMINGS. Do I understand that when the conferees The resolution was read, as follows: report the House will be given an opportunity to vote on the speci Resolved by the House of Representatives (the Senate concurr-ing), That there fied amendments? be printed for distribution by the Department of Labor 3,500 additional copies, Mr. LOUD. Oh, yes. in cloth binding, of the Second 8Qecial Report of the Commissioner of Labor Mr. CUMMINGS. With that understanding, I withdraw the comprising the labor la \VS of the United States ·and of the State and Territortai governments, being a report of the Committee on Interstate and Foreign objection. Commerce of the House of Representatives, submitted July 20,1892, andre· Mr. DINGLEY. Mr. Speaker, in order that there may be no vised and annotated in accordance with concurrent resolution adopted March misapprehension on this point, I will state that if the House non 5, 1896. concur generally in these amendments and ask for a conference The SPEAKER. The Clerk will now report the amendments they will have no opportunity to vote upon each separate amend to the resolution proposed by the Senate. ment. The conferees' report will have to be acted upon as an en The Clerk read as follows: tirety-must be either accepted or rejected as a whole. Resolved by the House of Representatives (the Senate concun.. ing), That there Mr. CUMMINGS. I simply wish to state that I am oppo ed to be printed J!,OOO additional copies1 1,000 for the use of the Senate, 2,000 for the the amendment of the Senate striking out the appropriation for use of the .ttouse of Representatives, and 5,000 copies for distribution by the Department of Labor, in cloth binding, of the Second Special Report of free rurai delivery and also to the amendment reducing the num the Commissioner of Labor, comprising the labor laws of the United.States ber of deliveries in large cities to four. and of the State and Territorial governments, being a report of the Commit Mr. DOCKERY. And you want those amendments brought tee on Interstate and Foreign Commerce of the House of Representatives, submitted July 20, 1892, and revised and annotated in accordance with con back for action by the House. current resolution adopted March 5,1896. Mr. CUMMINGS. Yes. 1898. CONGRESSIONAL RECORD-HOUSE. 4807

Mr. SULZER. We want to have a separate vote on those because it would belong to him of right. I can not prevent him amendments. h~Ving that right, and nothing that I could concede would give Mr. LOUD. Now, one moment. Supposing the Senate recedes him a right that he has not already. upon these amendments, do you want any vote upon that? Mr. MOODY. We would be satisfied with the gentleman's as Mr. SULZER. No. surance that he would do his best. Mr. LOUD. What can the House do in this instance except to Mr. LOUD. I have no hesitation in saying that, so far as I am n<>nconcur? concerned, the House shall have opportunity given to it now and :Mr. SULZER. I ask the House to nonconcur. at every other stage to determine what it desires, clear to the con Mr. LOUD. That is what I am asking, I am asking the House clusion of the considetation. to nonconcur. Mr. GROW. Mr. Speaker, in disputes b~tween the two Houses Mr. CUMMINGS. I understand from what the gentleman from there is a proper courtesy to be observed. When one House asks Maine [M . r~ DINGLEY] has said that we shall have no opportunity the other House for a free conference, and then pledges members whatever to test the sense of the House on these amendments if the of that conference, before going into the conference, what they will conferees should report the bill back with the Senate amendments do, it is not part of the courtesy that should obtain between the included. · · two Houses. You might as well say that you would not have any 1\Ir. LOUD. Let me say to the gentleman that the only power conference with them at all. the House would have now would be to accept the amendments Mr. PITNEY. If the gentleman from California will permit of the Senate or instruct the committee on conference to insist. me, it is quite a common thing for conferees on the part of the Now, I ask that we nonconcur. House to be met with the statement on the part of the Senatecon Mr. BINGHAM. If the gentleman will .allow an interruption, ferees that they can not agree as to a certain proposition desired would it not strengthen the position of the House conferees if the by the House without first submitting it to the Senate. It is also House should positively determine upon these two propositions a common practice for House conferees to say that they can not for this reason? In conference the Senate conferees will say, '' 'fhe consent to such and such a Senate amendment until they shall Se-nate has acted, but the House has not acted upon these propo first have a separate vote upon it in the House. Now, I ask the sitions, because they were not especially before the House." Now, gentleman if he will not assure us that these two Senate amend would it not strengthen his position if we, on the part of the ments-with respect to rural free delivery and city free delivery House, should declare against these particular amendments? shall not be agreed to nor embodied in a conference report until Mr. LOUD. I want to say, Mr. Speaker, that I do not think it after the gentleman has first submitted them to a separate vote would be necessary-- in the House. Mr. BINGHAM. I know the gentleman's position. I want the Mr. LOUD. I do not think it would be proper for me, if I were position of the House. one of the conferees, to make any agreement at present as to what ~Ir. LOUD. Would it not be rather unprecedented to adopt I should not agree to in the conference, but I do want to say this, that plan? that we will do all in our power to protect the rights and wishes 1\Ir. BINGHAM. Oh, no; not at all. of the House. Further than that I do not think the conferees ever Mr. DOCKERY. I think such action as that would be prema should be asked. ture at this time. Mr. BINGHAM. I believe this matter can be left wholly with The SPEAKER. The first conference is usually a free confer the chairman. He has had long experience on conference reports, ence. and we can trust the chairman of the committee to give the House 1\fr. MOODY. I should like to ask the gentleman from Cali every opportuD;ity for action should it reach the necessity in that fornia if he has any objection to assuring the House that upon stage. these two amendments the Honse shall have a vote not embar Mr. MOODY. The assurance of the gentleman from Califor rassed by the consideration of the conference report as a whole, nia satisfies me. so that we may at some time vote spedfically and directly upon Mr. CUMMINGS. Mr. Speaker, I want to ask the gentleman these propositions? from California this question: If his motion prevails, is it not Mr. BROMWELL. If it becomes necessary. within the power of the House conferees to agree to both the Sen Mr. MOODY. If it becomes necessary. ate amendments, and then report back the whole bill as amended? ~fr. LOUD. There is no assurance or agreement that I could The House will then have only the option to refuse the bill as give the gentleman that would give him any right that he does amended or accept it, leaving them without a separate vote on the not now enjoy. two specific amendments. Mr. MOODY. Mr. Spea.ker, I have suggested to the gentleman Mr. LOUD. I will say, in reply to the gentleman, that after from California tha,t if the Honse were assured that, so far as the the rejection of the conference report the House would undoubt gentleman himself was concerned (which we will accept as a edly have an opportunity to instruct the conferees. sufficient assurance), the House should be guaranteed a vote on Mr. SULZER. If the House should not reject the conference these two amendments everybody would be content to let the report, we can not instruct. matter take the usual course. I understand the only thing we Mr. RICHARDSON. Of course; the House would then ac can do now is what the gentleman from California suggests-to quiesce. nonconcur; but I believe it would be agreeable to all of us if we Mr. CUMMINGS. Mr. Speaker. understanding that the gen could be assured that when the bill comes back from conference, tleman from Pennsylvania [Mr. BINGHAM;] is satisfied with the if there was any necessity for it, the House should have a vote, explanation of the gentleman from California, I withdraw mv without being embarrassed with the consideration of othe1· ques objection. ~ tions contained in the report; and the House will be content with The SPEAKER. Is objection renewed? the assurance of the gentleman from California that we should be Mr. LOUD. I yield to the gentleman from Ohio [Mr. BROM· allowed a separate yote on those two amendments. WELL]. :Mr. LOUD. 1\Ir. Speaker, I should like to t•eply to the gentle Mr. MAXWELL. Mr. Speaker, I wish to make a statement, man again that there is nothing that I can assure the gentleman andsee-- of or concede to him that he does not already have, and no action Mr. BROMWELL. Was I not recognized? . of mine and no assurance of mine can give the gentleman any The SPEAKER (to Mr. MAXWELL). The gentleman from Ohio more rights than he already has. will first be recognized. Mr. MOODY. But the assurances of the gentleman from Cali Mr. BROMWELL. Mr. Speaker, it seems to me that this ob fornia, while they would give us no additional rights, would give jection is entirely unnecessary, and should not take the time of a feeling of comfort in the belief that we would have at some the House for this reason. Suppose, for instance, that our com time a chance to vote in the House separately on these two mittee of conference when they go into conference with the Sen amendments. ate committee yield on these two propositions which seem to be Mr. LOUD. Let me present the position to the gentleman. exciting this discussion. They come back witJI their report from When we come back to the Honse with a report, if the House the conference stating that they have consented to these amend does not accept the report the Rouse can instruct the committee. ments of the Senate. All we have to do then is to vote down the Mr. MOODY. But the report comes back, and it must either conference rep01·t, and then instruct the new conferees appointed be accepted or rejected as a whole. Now, there may be some to insist upon disagreement to these two Senate amendments. members upon the floor who have in that report some questions Now, on the other hand, if they come back with a report that in which they are vitally interested, and desire to have the report they have not consented to the Senate amendments, then all the accepted for that reason. They may also have a feeling upon House has to do is to insist on the nonconcurrence. It seems to these two questions, and may desire to have the report rejected me it is entirely within our hands, and the met·e fact that there because it is not satisfactory on the question of free delivery; and are these twoprovisions that we are objecting to, and others that the difficulty is that they have disadvantages either way they we are in favor of, does not place this bill in any different posi make up their minds. What I should like to have is a chance to tion from hundreds of other bills that have gone into conference. have a separate, distinct, and direct vote in the House on those We reject the whole report and that instructs our conferees to propositions before they are agreed to. demand a nonconcurrence in the two Senate amendments to which Mr. LOUD. I can not make a concession to the gentleman, we object part~cularly. The matter is wholly within onr control 480~ CONGRESSIONAL RECOR~HOUSE. MAY 1~,

and the control of the gentlemen to be appointed on the confer The SPEAKER. The Chair will appoint as conferees on the ence committee. part of the Honse Mr. LoUD, Mr. SMITH -of illinois, and Mr. SWAN Mr. MAXWELL. Mr. Speaker, as I understand, there are sev sox. eral distinct propositions, or amendments, that have been sub Mr. PAYNE. Mr. Speaker- mitted by the Senate to the House, and to some of those the House Mr. CORLISS. Mr. Speaker, I demand the regular order. evidently will not object. Now, as I understand, those to which _Mr. PAYNE. Mr. Speaker, a parliamentary inquiry. the House will not object ought not to be certified back to the The SPEAKER. The gentleman will state it. Senate as being nonconcurred in. It seems to me the several Mr. PAYNE. I ask whether it would be in order to move that amendments should be taken up seriatim, and acted upon by the the House resolve itself into Committee of the Whole House on House, and such as we do not concur in, if there should be any, the state of the Union to consider a bill for the raising of revenue, should be so certified back to the Senate. But the Honse evi an amendment to the customs administration? dently will concur in some of the Senate amendments. The SPEAKER. The Chair thinks it would be in order. The SPEAKER. The gentleman has a right to insist on a sep :Mr. LOUD. Will the gentleman from New York yield a mo arate vote upon the amendments. ment? I would like to ask unanimous consent that the Post-Office Mr. MAXWELL. Very well, Mr. Speaker; I call for a separate ~ill be printed~ vote. The SPEAKER. The gentleman from California asks unani The SPEAKER. The question is now, Shall the matter be be mous consent that the Post-Office bill be print-ed. Is there objec fore the House for consideration? If there be no objection, the tion? [After a pause.] The Chair hears none. question will be upon concurring in the first amendment. Does The gentleman from New York [Mr. PAn"E] moves that the the gentleman request a separate vote on ea-ch amendment? House resolve itself into Committee of the Whole House on the Mr. MAXWELL. I do. stat-e of the Union for the consideration of revenue bills. The SPEAKER. The Clerk will report the first amendment. Mr. CORLISS. Mr. Speaker, e. parliamentary inquiry. Is that The Clerk read the first amendment. permissible after a call for the regular order? Mr. HEPBURN. I desire to ask the gentleman from California The SPEAKER. lt is. fM.r. LoUD] if there is any provision in this bill authorizing. the The motion of Mr. PAYNE was agreed to; and accordingly the Postmaster-General to expend any sum for the payment of clerk House resolved itself into Committee of the Whole on the state of hire in the second, third, and fourth class offices~ the Union (with Mr. HEPBURN ln the chair) for the consideration Mr. LOUD. The Senate struck out that provision. Now, Mr. of revenue bills. Speaker, I ask the House to nonconcur in all the amendments AB.ASDO::ffiD DIPORTED MERCHANDISE. except those that it may be suggested that the House concur in. The CHAIRMAN. The House is now in Committee of the The SPEAKER. The gentleman from Nebraska [Mr. 1\I.A.X Whole on the state of the Union for the purpose of considering WELL] has asked for a separate vote on each amendment. The the bill (S. 3132) to provide for the disposition of abandoned im question is on nonconcurring in the first amendment. ported merchandise. The first amendment was noneoncurred fn. The SPEAKER. The Clerk will report the second amendment. The bill was read, as follows: Be it enacted, etc., That section 23 of the act of June 10, 1800, is hereby · Mr. MAXWELL. Mr. Speaker, as the bill has not been printed, amended so as to read a.s follows: nor the amendments, there seems to be some confusion in regard "SEC. 23. That no allowance for damage to goods, wares, and merchandise to the amendments, and I will withdraw my motion. imported into the United States shall hereafter be made in the estimation The SPEAKER. The gentleman from Nebraska withdraws and liquidation of duties thflreont.....but the importer thereof ma:y, within ten days after entry, abandon to the united States :~11 or anv portion of goods, his request for a vote on the separate amendments. The question wares, and merchandi~e included in any invoice, and be. relieved from the now is on nonconcurring in all of the Senate amendments. payment of the duties on the portion so abandoned: Provided, That the por tion so abandoned hall amount to 10 per cent or over of the total value or The Senate amendments were nonconcurred in; and the motion quantity of the invoice; and the property so abandoned shall be sold by that the House ask for a conference was agreed to. public auction or otherwise dis-posed of for the account and credit of the Mr. BINGHAl\1. Mr. Speake1·, I ask unanimous consent to have United States under such regulations as the Secretary of the Treasnry may inserted in the RECORD a letter from the Postmaster-General in prescribe. All merchandise so abandoned by the importer thereof shall be delivered by such importer at RUch place Within the port of arrival a.s the · reference to the deliveries and collections in the three cities of chief officer of customs may direct, and on the failure of the importer to New York, Chicago, and Philadelphia. comply with the directions of the collector in this respect the abandoned The SPEAKER. Is there objection to the request of the gen merchandise shall be disposed of by the collector at the expense of such tleman from Pennsylvania? importer." Mr. LOVE. Is it on this subject? . Mr. PAYNE. Mr. Chairman, this bill proposes an amendment The SPEAKER. The gentleman states that it is on the subject to section 23 of what is known as the customs-administration act. of deliveries and collections in the cities of New York, Philadel The present act provides that the owner of imported merchandise phia, and Chicago. may abandon what are known as samples, which are handed over Mr. LOUD. I think the gentleman had better give it to the to the customs department, and that these samples may be sold at conference committee. public auction and the money turned into the Treasury. Accord· Mr. BINGHAM. I think it had better go into the RECORD, ing to the annual report of the Secretary of the Treasury it some because it is a matter of jnstruction all around. times happens that goods are abandoned which are worthless, The request of Mr. BINGHA1\I was agreed to. such as decayed fruit and vegetable matter, and the Government The letter is as follows: is compelled, at its own expense, to remove them on account of the quarantine regulations or the regulations of the health depart OFFICE OF THE POST:l!.ASTER·GE'!ffiRAL, Washington, D. C., May 10, 1898. ment of the port. No provision is made in the present law for Sm: 'Complying with your req.uest of the 8th instant, I have the honor to allowing the Government to collect this expense from the im furnish the following informatiOn in regard to the number of deliveries, porters of the goods. This bill seeks simply to add at the end of collections, etc., in New York, Chicago, and Philadelphia: · section 23 these words: .Deliver- Collec- Pack- Boxes, All merchandise so abandoned by the importer thereof shall be delivered City. Carriers. ies. tiona ages. letter. by such importer at such place within the port of arrival a.s the chief officer of customs may di.I•ect, and on the failure of the importer to comply with the directions of the collector in this respect the abandoned merchandise shall New York---······------1,420 2to9 2to39 447 2,292 be disposed of by the collector at the expense of such importer. l,HB 3to 6 6to 1B 318 2,730 Mr. Chairman, unless there is a desire on the ;part of some gen ~C:!~lphl&:·.:::::·.:::::::::: 804: lto7 ltol7 298 3,217 tleman to debate the bill (which is a Senate bill), I move that the committee rise and report the bill to the Honse with a favorable Also statement showing the number of pieces of fu'St-class mail collected recommendation. daily from street letterbox.e and t.h~weightof first-classmaildelivereddaily per carrier at the above-named offices: Mr. UNDERWOOD. Does the general statute provide the maehinery by which this money shall be collected from the im· Number of Weight of porter? pieces of first- first-class mail City. class mail delivered per Mr. PAYNE. It does not. This bill simply gives the Govern· collected carrier ment the right to collect the money. (estimated). (estimated). Mr. UNDERWOOD. And when yon give the Government under this bill the right to collect yon do not provide any machin Pound.s. ery for that purpose? New York .•..•• -·····-·· - ~----·-···--·······-···· 1,4.63,00) 100 Mr. PAYNE. We have already the machinery of the courts. Chicago ...... --··-· ••...• ---··· ----·· ••.•••••...• 1,400,00) 70 Philadelphia .....•..•••..•• -----••..•••••...••.... 5-10,000 U9 This le_giglation will create the liability. Mr. UNDERWOOD. The Government will have to go into It is estimated that 4.{) per cent of the amount of mail collected from street court to sue? letter boxes at the e offices is for local deli'very. Mr. PAYNE. Certainly, unless the importer pays voluntarily. Very respectfully, CH. EMORY SMITH, Mr. Chairman, I move that the comm1ttee rise and report the Postmaster-General. Hon. H. H. ~GH.A.Y, bill to the House with a favorable recommendation. House of Representatives. The motion of Mr. PAYNE was agreed to. 1898. CONGRESSIONAL RECORD-HOUSE. 4809

The committee accordingly rose; and Mr. S~~liAN ~a$g ''When vacancies happen, by resignation or otherwioo, in the representa tion of any State in the Senate, the same shall be filled for the unexpired taken the chair as Speak~r pro tempore, Mr. HEPBURN ~eported term thereof in the same manner a.s is provided for the election of Senators that the Committee of the Whole on tlte s~te enate of the United States as ing to the demands that are being made in behalf of this amend for a rich man to enter the kingdom of heaven. [Laughter.] ment. I was delighted to hear the following expression from the The chief concern of all good governments is the welfare and senior Senator of my own State in a recent dlscussion of the happiness of the people, and I believe their happiness and welfare question with reference to the election of a Senator from Oregon: can best be secured and preserved through the agency of the direct I do not believe the Senate will sanction such a doctrine or put its stamp action of the citizen as the sovereign. rApplause.] of approval upon this transaction. If it shall, the di c;aster, appalling as it will The fundamental principle of a republican form of government be, will bear Its bitter fruits not many year a, for the people of this country, without regard to party, will then demand that the Constitution of the is based upon the idea that they derive "their just powers from United States shall be so a:rnended as to take from the legislature the power the consent of the governed." to elect Senators and place it in the hands of the people, where, in my judg The fathers of. this Re-public founded our Government upon the ment, it rightfully belon~. and thus thwart the machinations of designing sovereign power and will of the people, and in its triumphant men and preserve_the prrnciples of representative government in this body. march it has spread the spirit of liberty over the Western Hemi4 In the election of United States Senator& by the legislature cor sphere, crossed the Atlantic, dethroned kings, and destroyed mon4 ruption can not well be detected or proven. archies, and out of their wrecks and ruins have been builded gov In many States the members of the legislatures seek the office ernments of the people, for the people, and by the people. for the express purpose of electing a Senator. If the people have the wisdom in our several States to elect our The power of a legislature expires with the session in which the governors, judges, and State officers through the primaries and Senator is elected and the people are deprived of the power to dis 4 conventions of the parties, why have they not the wisdom to elect cover, punish, or condemn the corrupt conduct of its members. our Senators? [Applause.] Through party organizations, party primaries, party conven Had the people of Kentucky, Oregon, and many other States tions, and party platforms are formed the principles by which where Senators have recently been elected enjoyed the rights in each administration of State and national affairs are governed. sured by the proposed amendment, the disgrace of those States, The progress of the State and nation, the welfare and happiness and the humiliation of the nation by the deplorable conduct of the of the people must be achieved through and by the sovereign members of such State legislatures, would have been avoided. power and voice of the people. Vacancies in the Senate, in consequenc-e of the imperfection in "Lead us not into temptation," says the Lord's Prayer; yet the the Constitution which we nowseektoremedy,aremostfreqnent. Constitution in its present form spreads in the pathway of mem The time and attention of the Senate has recently been occupied bers of the legislature a moral temptation through which many with the constitutional 1ight of the governor to fill such vac~n4 t111e men of merit are often forced to defeat and the glory and cies, and it has been determined, following numerous precedents, honor of a Senatorship snatched by unfair means from the hands that such vacancies can not be filled after the legislature has faUed of the people. to exercise the prerogative imposed upon it by the Constitution. Take from the legislature the selection of United States Sena The framers of our Constitution did not intend to permit vacan4 tors, and yon will destroy one of the most potent powers through cies to exist in the Senate. Otherwise the unit of the State could w~ich corporate influence now holds its sway. not be expressed; but, unfortunately, through intrigue and polit Give the people the right proposed by this amendment and you ical maneuvers, this constitutional right has been denied to many will once more restore the United States Senate to the dignified States during the history of our country. position intended by the fathers of our country, and remove the The evil effects of the election of Senators by the legislatures mfluence that now threatens the confidence of the people. 1898. CONGRESSIONAL RECORD-HOUSE. 4811 - Why should anyone oppose this amendment? Is there a mem Now, of course, if the Senate puts an amendment of this kind ber of Congress who is unwilling or afraid to submit his record or on the bill, I do not say that I would not vote for the measure, political ambitions to a vote of the people? If the Senators can because even in that form it would be a great improvement on the not trust the people, how can it be expected that the people will present method. have confidence in the Senate? :Mr. CORLISS. Will the gentleman allow me? .Any man who seeks a Senatorship by. hono~able mea~s and for Mr. UNDERWOOD. Yes . patriotic puTposes; every man who believes m a republican form Mr. CORLISS. Your proposition attempts to say to the people of government of the people, for the people, and by the people; of the several States, ar'Qitrarily, what they should do. Speaking every man who has confidence in the sound judsment and integ for the people of your State, you attempt to say what the people rity of the American people; every man who beheves in pl·eserv of my State shall submit to. My proposition is to let the people ing the sovereignty in the hands of the citizen, will favor this of my State and your State and every other State express their amendment. fApplause.] will through their votes, and not be dictated to by Congress or the Unfortunate y, in recent years the election of a United States people of any other State, leaving each State separate and distinct Senator by. the State legislatures has been usually followed by as a unit in the United States Senate, as was intended by the resolutions of investigation into the methods and alleged corrup fathers of our country. For that reason I sincerely trust the gen tion in connection with such election. Such investigations are tleman will not insist upon his amendment. usually inaugurated upon resolutions quite unanimously adopted Mr. UNDERWOOD. I will say that there is no one on the for the appointment of committees of investigation, but unfor floor of this House who more desires than I do that the people of tunately for our country, such investigations universally result each State shall, on most questions, have the right to express in· effectively concealing the facts and exonerating the partici their own individual will; but it is for the \ery reason that legis pants by a calcimine of resolutions. lation which the people of the United States desire is often de In the construction of our constitutional fabric our forefathers feated because the representatives are not selected by the votes of intended that the Senate of the United States should be the con the people that I think the amendment should be adopted. The servative branch of our Government, but, unfortunately.; in the danger is not from that class of States that will agree to this res e\olution of human affairs, it is the branch upon which tne peo olution. Those States to-day have men representing them in the ple now look with distrust and fear. The establishment of busi balls of Congress who were selected by the people; not directly, ness methods in this House, and the victory of the present Speaker but they voice the sentiments of the people. in the transformation of a chaotic organization with filibustering But an amendment of this kind is intended to remedy the evil tactics into an intelligent working force, in which the will of the in States where machine rule and corrupt government have reached majority finds useful power for the enactment of wise legislation, a point where the will of the people is no longer expressed and where is a matter of universal rejoicing by the American people. [Ap they can not control the legislature; and it is as much to the inter plause on the Republican side.] est of the people of my State to have the representatives in the To-day this House is the conservative branch of Congress, and United States Senate from other States men who will voice the the eyes of the business men, in whose hands the financial inter sentiments of the people, whose hearts are in touch with the peo ests of this country are held, and the hearts of the people are for ple on points of legislation, as it is to have such Senators from my tunately turned with confidence to this body for safety _and pro own State. Therefore I say that when we come to ask for an tection against the visionary theories and unwise legislation amendment of this kind, to write a change in the fundamental threatened by the Senate. principles of the law of this country, we ought to put a provision Before entering upon the new century let us repair the imper m the law which goes to the direct point and require a uniform fections in our constitutional fabric and bring the United States system of election of Senato1·s by the people in every State in the Senate in closer touch with the people, preserving the unit of Union. power in the State, and thereby restore it to the dignified and con Of ~ourse, if the Senate will not agree to it, and send it back servative position intended by the framers of our Constitution, and to us with an amendment similar to the provisions of the gentle with the strength of the wisdom, genius, and industry of our peo man's bil.l, why, then we might accept it as the best we could get; ple and confidence in every branch .of our Government, move but when it leaves this House! I say it ought to go there voicing onward and upward in our triumphant march to national honor what the people of this country want, and I therefore insist on my and greatness. rApplause.] amendment. Mr. UNDERWOOD. Mr. Speaker, is this joint resolution open The SPEAKER. The Clerk will report the amendment. to amendment at this time? The Clerk read as follows: The SPEAKER. It is. Strike out all after the word "these," in line 15, page 2, down to and in· Mr. UNDERWOOD. I desire to offer an amendment, then, to cluding the word "case," in line 20. strike out all in the resolution on page 2, line 15, after the word Also, strike out the words "in such State," in lines 20 and 21 of page 2. "these," and down to the word "elected," in line 20. Also strike Mr. UNDERWOOD. I ask for a vote on the amendment. out the words. in lines 20 and 21, "in such State." Mr. CORLISS. It seems to me this is very unwise. If the peo· Mr. MARSH. Will the gentleman from Alabama allow me a pie of a State are to have a right to express their views, the method moment to ask consent to take from the table a Senate bill to by which they accomplish that should, if possible, be left within have a conference committee appointed? their own control. A State where Senators are now elected by the Mr. UNDERWOOD. This will take only a moment. I do not members of the lElgislature may desire to continue that plan. The propose to make a speech upon it. I only submit this amendment proposition of the gentleman compels them against their will to and desire to make a few remarks. change tha.t method. Yon attempt to force the adoption of a plan My reason, Mr. Speaker, for offering the amendment is that it to secure which you must have the ratification of three-fourths of will make the election of Senators by the people absolute instead the States. Now, many States are willing that my State shall of leaving the question indefinite, as now provided. This resolu have a right to elect its Senators by the.people, but they may pre tion leaves it optional with the States whether to elect Senators by fer to reserve in their own State the right of election by the legis the people or to elect them by the legislatures. Now, in the States lature. They would not vote for this constitutional amendment where the election of Senators by the people is most necessary, it if you deprived them of this right. · will doubtless be found that it will be as difficult to secure an elec Mr. UNDERWOOD. Will the gentleman allow me to ask him tion by the people as it is now, and the Senators would not be a question? elected by the people but by the legislatures, under the option that Mr. CORLISS. Yes. is given in the present resolution. Mr. UNDERWOOD. Does the gentleman have any fear that I therefore offer the amendment for the pw-pose of correcting any amendment to the Constitution along this line that can be what I think to be a mistake. passed through the Senate will fail of ratification by the people of Mr. CORLISS. Will the gentleman allow a question? the several States? Mr. UNDERWOOD. Certainly. Mr. CORLISS. I will say to the gentleman that I do feel ap Mr. CORLISS. Is the gentleman not aware of the fact that prehensive that it would be impossible to secure a sufficient num that proposition was submitted by the Fifty-third Congress and ber of the State legislatures to ratify this amendment, if the gen it was defeated because of the restrictions the gentleman provides? tleman's amendment is adopted. I am confident that it would be Mr. UNDERWOOD. I will say to the gentleman from Michi almost unanimous, if the resolution proposed by the committee is gan that I am well aware of the fact that this measure, just as I adopted, because the people of one State are willing that the peo have suggested, was sent by the House to the Senate in the Fifty ple of ano1:her State shall express their choice in any manner that third Congress, and was defeated there. But since the member the people of that State may desire. By your amendment you ship of the House represents the wishes of the people of the coun propose to compel the people of my State to vote direct, whether try, and it is the wish of the people of the United States that the they desire to do ~o or not. I submit that the amendment is very Senators should be elected by the people themselves, I think that unwise, and will defeat the·thing which is desired by the people. the bill sent to the Senate should give ample expression to the Mr. GARDNER. One way or another is the right way. wishes of the people and not what the Senate wishes. Mr. GROSVENOR. I should like to ask the gentleman from 4812 OONGRESSIONAL RECORD-HOUSE. MAY 11,

Michigan [Mr. CoRLissl if this is not the result that would grow what Senator of the Unit-ed States would dare to stand up and out of the adoption of tliis amendment: vote against this amendment to the Constitution( These Senators shall be chosen by the legislatures of the several States I want to say to the gentl.eman from Ohio, who loyally supported unless the people of any State, either through their legislature or by the con the leader of the Republican party in the last election to the stitution of the State, shall provide for the election of United States Sena United S~tes Senate, he would not to-day be honored if you had tors by direct vote of the people. . notsubm1tted to the people the proposition that this constitutional Now, what I ask is tlris: The legislature of the State of Michi amendment gives to that State. I am able to state that the people gan, I will say, to-day wants the Henators elected by the people. of the State of Ohio have adopted resolutions asking members of After a while, when a particular legislature comes in, they dis Congress to vote for this amendment. I submit, Mr. Speaker, cover that they have a little better scheme, for the sole purpose of that the amendment iJl the form in which it is proposed is a safe electing the Senator by the legislature; and they tnm in and l'e one. I am perfectly willing to adopt the gentleman's amendment, peal the law on the first day of the session that was passed at a so far as my own views are concerned, if the Stales would only previous session, and take to themselves a power that they would agree to it, and if the Senate would agree to it I would be satisfied. not have had had they not repealed the law that allowed the peo But that has been tried. Senators would not da1·e to vote against ple to choose Senators. It seems to me there ought to be no power this amendment as I propose to submit it, and the people would giveu to a legislature to thus interfere with conditions; and when at once ratify it, whether they believed the legislature should have we propose to vote for an amendment to the Constitution, I would the power or the people. certainly make it uniform· throughout every State of the Union, Mr. RIDGELY. Mr. Speaker, I am inclined to agree to the and place it beyond the {>OWer of the legislatures to handle it as a resolution as it stands, while I would be glad to have the provi football of political appliances. It seems to me that if there is no sion suggested by the amendment of the gentleman from Ala· answer to this, that if this is to be left in the power of the legis bama; but I very much fear that if we submitted to the various latures of the St.ates, it is worse than the present condition has States of this Union a _propesition asking that two-thirds of them ever been described to be. consent to an arbitrary change in the method of electing our Mr. .A,RNOLD. Will the gentleman allow me to ask him a United States Senators-- question? Mr. SHAFROTH. Three-fourths. MI·. GROSVENOR. Certainly. Mr. RIDGELY. Three-fourths, I should have said-that the Mr. ARNOLD. Is it not within the province of the legislature whole thing would fail, and no State in this Union would be per to submit that proposition to make it a part of the fundamental mitted by a change of the Constitution to elect a single Senator law of each State, so that you are in the hands of the legislature by the popular vote of their own citizens. in any event? Therefore, 1 believe it is far safer that we shall pass this resolu· Mr. GROSVENOR. But here is the trouble: This provision tion in the fonn it has been offered, without the amendment, and makes it an act of the legislature without submission to the people. thereby gain to the States the privilege of regulating for them· Mr. ARNOLD. Your proposition is to make it a part of the selves, either by the constitution of the State or by enactment of funtl.amentallaw of each Stat.e. the State legislatures, so that the people of the States so desiring Mr. GROSVENOR. I do not say that I will vote for it in any can elect the members of the United States Senate by popular vote. event; but I do say that if it is to be a part of the practice of the Believing it is far safer to submit an amendment to the Constitu· various States, it ought to be absolutely uniform throughout the tion by ratification of three-quarters of the States in the form it United States. now stands, I am opposed to the amendment, fearing it will defeat Mr. ARNOLD. One further question. If that legislative pro~ the whole thing. vision were str~cken out of the bill, would not it practically be Mr. CAPRON. Mr. Speaker, I will ask the chairman of the defeated in the various States? · committee if he will object to amending the bill so as to conform 1\Ir. GARDNER: Then they do not want it. to the proposition submitted by the gentleman from Ohio [Mr. Mr. GROSVENOR. If that is so, they do not want it. Then GROSVENOR] by striking out in line 17, page 2, after the word the argument is that the States want a condition so that they can "State," the words "either through thejr legislature or;" so that play with it as a political shuttlecock and battledore; that one Sen it will rea-d, " the people of any State by the constitution of the ator may be el~cted by the people, and the next time the legislature State." can conclude they will not continue that pra.ctice, and they will Mr. CORLISS. I am willing to adopt the suggestion proposed repeal the law and elect the Senator themselves. And so you by the gentleman from Rhode lslaiJd. If he will make a motion to bring about a worse condition of things than at present, which is that effect. I will gladly consent to it. It will then leave the certainly bad enough. . absolute power in the constitution of the State. Mr. SULZER~ I am very glad to hear the gentleman from The SPEAKER. The Clerk will report the amendment pro Ohio make that admission. posed by the gentleman from Rhode Island. Mr. CORLISS. The gentleman from Ohio propounded a ques The Clerk read as follows: tion to me. He asked me whether or not this would not permit On page 2, line 17, after the word "State," strike out the words "either the legislatuTe of a State to change the plan from time to time. through their legislature or;" so that it will read, "the people of any State The gentleman is aware that a State legislature can not take by the constitution of the State." action except with the consent of the governor, who is elected by the people. Mr. UNDERWOOD. Mr. Speaker, is this an amendment to the Mr. GROSVENOR. The gentleman is proceeding on the idea amendment? that in all the States there is a veto power. In many States the The SPEAKER. The Chair so understands it. veto power is only a nominal one, and a bill may be passed over Mr. UNDERWOOD. I will say to the gentleman that my the veto by a majority. In my own State there is no veto power amendment strikes out the entire provision, and therefore this and has never been. amendment would not be in order unless it is offered as a substi Mr. CORLISS. How long would such a legislature stand be- tute. fore the people- · Mr. CAPRON. I will ask the gentleman from Alabama if he Mr. GROSVENOR. They would stand until they electro a will not withdraw his amendment? Senator. Mr. UNDERWOOD. The difficulty is that what the gentleman Mr. CORLISS (continuing). After taking such action? The seeks to accomplish by his amendment does not accomplish what members would be impeached; the legislature would be abandoned I desire to reach by my amendment, and that is to make it man . and driven from business if they should undertake to rob the peo datory that the United States Senators shall be elected by the ple in that way. If \\e once adopt this measure, do you suppose people in all the States by the same method. The amendment of 1 that any legislature thereafter would t.ake the power froJl! the the gentleman from Rhode Island would leave it optional with people again? The idea is absurd. The proposition would not be the different States to determine that question. considered for a moment. When the people once receive the right Mr. COR.LISS. I suggest, Mr. Speaker, that the gentleman and havi} the power to elect a United States Senator directly from Rhode Island withdraw his amendment until after we can through the Constitution or through the legislature, no power have a vote upon the amendment offered by the gentleman from 1 will ever take it from them; and no legislature would ever dare Alabama. attempt to exercise such a power. Mr. UNDERWOOD. I ask for a vote, Mr. Speaker. Now, I desire again to say that the proposition of the gentle Mr. POWERS. Mr. Speaker, it seemq to me in an important . man means danger to this measure, as many of the States would and solemn matter like amending the Federal Constitution great not adopt it and many Senators would not vote for it. They would care should be exercised that we have the letter of the text carry be compelled to vote for it if it is left to the option of the people out the real purpose of the legislative mind. In the first place, : to elect them. They would have to submit to their people and .Mr. Speaker, I think all members will agree that in the make-up . not to the people of the gentleman's State or' any other State. of the Congress the Federal Constitution should make every pro When you submit to a Senator of the United States a proposition vision necessary in the election of members, and that the State that his people ask for this, and when he goes before his people constitution and the State legislature should be entirely silent on [ and either reserves the power in the legislature or gives it to them, that subject. We give to the States the right to provide for the 1898. CONGRESSIONAL RECORD-HOUSE. 4813

election of their own Stat~ legislatures, without any i~terference ! Mr. COOPER of Wisconsin. Olie suggestion, if the gentleman on the part of the General Government. will allow me. Under our system of dual government it seems to me the same Mr. POWERS. Certainly. reasoning that compels us to accord to the States the right of-elect- Mr. COOPER of Wisconsin. In reply to what the gentleman ing their own legislatures in their own way should give t.o the from Iowa [Mr. PERKINs] baa suggested, let me make this sugges Federal Government the exclusive right to provide for the election: Suppose a State convention should make a corrupt nomina- · tion of its representative body in its own way, and that the pro- tion, there is under the Australian ballot system still another ap vision for the election of members of Congress, both of the House peal to the people than that suggested b7 the gentleman from and of the Senate, should be uniform through all the States; that Vermont. There is the right of nomination by petition. The you should not have in Maine one method of election and in Ver- people can nominate half a dozen gentlemen as candidates for the mont another, but in all the forty-five States the same procedure United States Senate from any State, regardless of what the State should be provided in the Federal Constitution for the election of ronvention may do. Senators and Members of the House without any deviation what- Mr. POWERS. A very excellent suggestion. ever. Now, Mr. Speaker, the best way to test the mischief of our Now, then, the amendment proposed by the gentleman from present system is to look at it in practical operation. It gives to Alabama [Mr. UNDERWOOD], while I do not like to disagree with the legislature of the State the right to discharge a function that the chairman of the committee of which I have the honor to be a is not properly a legislative function. The legislature of a State member, strikes me to be exactly in the right direction. It makes is called into being for the purpose of enacting laws for the gov a uniform procedure all through the United States. Alabama ernment of the State. That is its primary function, the sole must elect its Senators in the same way Vermont does, and there function which it should exercise. In many of the States, as I is no reason why she should not. We are providing a scheme am aware, elective officers are chosed by the legislature, but the for the election of our own members in this Honse and in the people afte1· a time wipe that all out. Senate. Now, then, why should one State have one method and In my own State until the year 1850 every justice of the peace another State another? {a very ordinary officer) was elected by the legislature of the State, Not only that, Mr. Speaker, but the crying evil to-day that calls as well as every sheriff, every judge of probate, and all the county for the enactment of a constitutional amendment is the very fact and local officials. But the people soon saw that the better way that the legislatures of the States have proved themselves, in to elect those officials was by a vote of the people themselves. many instances, to be entirely unfitted and unworthy in the elec- And so the constitution was amended. Only a few years ago-less tion of Senat.ors. If you are to leave the option to some of the than fifteen-our constitution was amended so that our State States to elect their Senators by the legislature, you are going to treasurer, our secretary of state, our auditor of accounts, should perpetuate the very evil you are seeking to remedy .when yon be elected by the people. provid~ amendments to the Constitution that they may be elected Prior to that time they were all elected by the State legislature. by the people. And to-day the judges of our courts are elected by our legislature Not only that, but the trouble with the State legislatures is that for a term of two years. Now, while I agree that pra-etically (ex many of them are under the control of what is denominated in cept in my own case) that system has always resulted in obtain political parlance " the boss." Boss politics in this country on ing good judges, it is never-theless an undemocratic measure, a both sides, Democratic and Republican-and I am free to admit wrong measure. It allows the legislature-a small fraction of that we have it as well as you- boss politics finds its field of oper- the people-to elect some of the more important officials of the ations in the State legislatures to a large extent. States. Now, that being so, if you take a State legislature that is popu- .As 1 was saying, the legislative function is not, properly speak- larly understood to be under the control of" the boss," do you ing, the choice of the elective officers; and that it is not wise to suppose there would ever be in that case the chance to get an elec- delegate to the legislature the choice of elective officers is shown tion of Senators by the people? ''The boss" stands there with his in the fact coming within our own observation and recollection grip on the le~lature, directing them not to assent to an amend- that in many of the States the whole time of the legislature is ment which gives the right of election to the people. And there- taken up in the election of Senators. sult will be that this amendment will fall flat. It never can pass. Mr. GAINES. And then they sometimes do not do it. Mr. ARNOLD. Does the gentleman think it right that we Mr. POWERS. Yes; they often fail to do it. Bymeansof this should change the whole form of this legislation simply to relieve system and the occupation of time which results, the people of Vermont of the" bosses?" [Laughter.] the States are often denied those legislative enactments which Mr. POWERS. Well, I am happy to say to my friend that if otherwise they would have. Vermont is under any boss rn1e, it is the boss of the people. We Nothing but the simplest matters of legislation are allowed to have never had bosses up there, within my knowledge, until a go through. Appropriation bills and other matters of great pub week ago last Sunday, when a Vermonter. fought the great battle lie importance are ignored, because of the fact that the members of Manila; and if he were in Vermont to-day, he could not only of the State legislature regard the other matter as more impor control our legislature, but he could control every man, woman, tant. And if I am correct in my impression, the history of many and child in the State. [Applause.] Senat.orial contests and elections has shown the fact to be that Mr. SULZER. And he is a Democrat. fLaughter.] the election of United States Senators has been used to prevent Mr. POWERS. I beg to assure my friend. from New York that even the organization of the State legislatures totally. I have known Admiral Dewey from his boyhood up; and if there Now, Mr. Speaker, can such things be possible under the pro be a stanch Republican on the face of this earth, he is one. posed amendment to the Constitution which we are now consider [ Applause.] ing? Certainly not. The elections will not depend exclusively Mr. PERKINS. May I ask the gentleman a serious question? upon the members of the Statelegislatures. Doesanymanwithin Mr. POWERS. Certainly. the sound of my voice undertake to say that if the election of Mr. PERKINS. In the line of what the gentleman has been Senators in every one of the States where they have had such pro- saying abont "boss" cont1·ol of the State legislature and about the longed conteots, and in some cases absolute failures~ bad been an object of this resolution being in part to rid the States of such boss- election by the popular vote that a Senator would not have been ship, I want to suggest whether that boss-ship does not extend to elected in accordance with the law? the State convention as well as to the State legislature, and would We saw in the case of Delaware, within a very recent period, how not the State convention nominate the candidate for Senator? this thing operated. They failed to elect a Senator, and the whole Mr. POWERS. Unquestionably, Mr. Speaker, the State con- timeofthelegislaturewastakenupwiththatquestionexclusively, ventions would nominate the candidates for the Senate. The and no other business was done. So when you undertake to en gentleman from Iowa inquires whether the "boss" would not graft on the proper legislative functions of the legislative body the controL the State convention. Perhaps he might. But there is duty of the election of the United States Senator you necessarily an appeal from the State convention to the people; and if any set aside important matters of State concern and State legislation man secured his nomination to the Senate by the corrupt use of that onght to have their exclusive attention. money or by any other corrupt method in a State convention, the Now, Mr. Speaker, I have not a word to s~ about the present appeal would then be taken to the people at large, and that iniq- Senate. It would not be parliamentary if I had. But no man uity would be corrected. But under the present system, where doubts that. there has been in the Senate of the United States, in the action of the legislature is final, there is no opportunity for an other times at least, seats secured by corrupt means. No man appeal. can doubt that. The great power of money, the great power of Therefore I say it is safer to leave the election of our Senators corporate influence, the great influences that arise in a thousand with the people, allowing them to adopt such methods by way of ways to control the actions of men have all operated, in the past convention nominations or otherwise aa they may see fit; it is safer at least, to secure seats for certain favored individuals in the Sen· to leave this question with the people, because the ultimate decision ate Chamber. upon th& force of a nomination would be determined by the people Now, when you take a way these influences, when yon take a way themselves. · · the money influence, the corporate. influence, you stop at once a. ..

4814 CONGRESSIONAL RECO:aD-HOUSE. MAY 11, proceeding that is not and should not be a part of our system. Mr. POWERS. I had already anticipated that when I said that You may buy a few votes in the State legislatures so as to control I had no idea that the Senate would adopt any change in the pres certain elections, but you can not buy the votes of the whole ent plan. people. Mr. BLAND. I understand they have voted down another No man ever succeeded in doing that, Mr. Speaker. No cor proposition. Are we to submit and pass nothing? The argument porate influence in this country has ever succeeded in corrupting of the gentleman is that we should pass nothing because we can the masses of the people. You may do it with a small body of not accomplish anything. men but not with the great body at large. And if yon could, Mr. POWERS. I beg the gentleman's pardon. the possibility is so remote that this change proposed in the fun Mr. BLAND. My idea is that the Senate having voted down damental law-a change in the mode of electing Senators-is a on~ proposition, we should try another. Probably we may get change in the right direction. It is a change that will minimize something. the dangers that now exist. Mr. POWERS. I will say to my friend that I am in favor of Now, I have no desu·e to advocate the change because of any taking action. I believe my friend to be a pretty good illustra animosity existing on my part, or in my section, to the present tion of the kind of legislator that sticks to his text, even though system. No complaint, so far as I know, has arisen that Senators the signs of the times are unpropitious. from my part of the country were not properly chosen. But Mr. BLAND. The signs of the times are still good. [Laugh we do know, as a matter of fact, that there have been in other less ter.] favored localities charges of corrupt influences, or wrongdoing, Mr. POWERS. Verywell. Ihavealwaysadmiredmyfriend's in these elections which have cost immense sums of money and courage. He always sticks to the doctrine that he preaches, no . have entailed great inconvenience upon the people. And I think matter whether it rains or shines. Now, I would say in this con that everybody believes there is some foundation for the charges. nection that I believe in this change, and I believe the House, if The proposition before us. I\lr. Speaker, is to make a change in it is favorable to this proposition, should adhere to the scheme of the Federal Constitution. I agree that we should go very slow electing Senators by the people and thundering at the doors of the in making changes in that sacred instrument. I am so consti Senat~ until they at last accede to it. tuted myself that at the start I should oppose almost every propo Mr. WILLIAMS of Mississippi. Or until the State legislatures sition to change the Constitution. But here is a change that pre d~ . sents itself strongly, in view of the practical and admitted evU:s 1\Ir. POWERS. Or until the people of the States are sufficiently that are apparent, to all of our people; and when such a proposi waked up so that their own legislatures will take the initiative tion as this is presented for the consideration of- this body, I feel measures to secure this amendment. justified in going somewhat further than I otherwise would in Now, I did not rise to say anything about the merits of this making a change in that instrument for the good of our people. resolution itself, but to speak particularly jn favor of the amend • Mr. BLAND. Will the gentleman allow an interruption? ment proposed by the gentleman from Alabama [Mr. UNDER Mr. POWERS. Certainly. WOOD]. My view of the matter is that if you are going to make Mr. BLAND. As I understand the gentleman from Vermont, any change at all yon ought to make it in the right way. Do not and as I understand the pending proposition, the difficulty now have one method of electing Senators in one State and another in is as to the matter of securing concurrence between the two another. Houses, whether it is best that the amendment proposed by the If it is desirable to have a change, it is desirable to have that gentleman from Alabama shall be inserted. In other words, the change in every State in the tJnion, no matter whether the elec present practical proposition is whether it is more likely that tion of Senators heretofore in that State has been a happy one or the Senate will be content to accept the joint resolution with the not. It is to correct existing evils wherever you find them that amendment of the gentleman from Alabama or the joint resolu this change is sought, and for my part I certainly hope that the tion as origina.Uy reported. amendment of the gentleman from Alabama (Mr. UNDERWOOD] Mr. POWERS. I will say to my friend from Missouri, in an will be adopted, and that we may send to the Senate a straight, swer to his suggestion, that in a matter of so great importance as single proposition which will provide all over this land for the a change in the Federal Constitution it seems to me that we should election of our Senators in the way in which they should be insist upon a change that is right, irrespective of the question as to elected, by the people themselves. [Applause.] whether that change is likely to obtain favor in the Senate or oth Mr. HENDERSON. Mr. Speaker, as I am paired with my friend erwise. And further I will say that I hav~ never believed and I from Tennessee [Mr. McMILLIN], I shall not be in a position to do not now believe that the Senate of the United States will ever vote on this resolution or the pending amendments, but I feel a consent to any change of this kind, no matter what form. you put deep interest in them and have spoken on this subject in a former it in. The only way the amendment will ever succeed before the Congress. I would prefer this resolution with the amendment people is by first taking action on the part of the State legislatures offered by my friend from Alabama [Mr. UNDERWOOD]. Failing themselves. in that, I would prefer it with the amendment offered by the gen My friend recollects that our Constitution provides two ways tleman from. Rhode Island. But if neither can be adopted, then by which amendments to the Constitution can be adopted: First, I want the original resolution. by the submission of the amendments, by Congress, to the legjs The arguments of the chairman of the committee reporting the latures of the States, and a ratification thereof by a certain num bill·[Mr. CoRLISS] all apply to the broad proposition which would ber of the States; and secondly, ·by the action of the legislatures make me favor the bill with the amendment of the gentleman from themselves, primarily taken. In that case Congress is obliged to Alabama [Mr. UNDERWOOD] , and his arguments are squarely on take cognizance of the demand. the line that the people of the United States can be trusted in the Mr. TALBERT. In addition to the argument the gentleman election of United States Senators. I believe in that doctrine. I from Vermont has made in favor of the election of United States am not going to attack the Sena~ or Senators, but I am sure that Senators by the people, and in which I heartily concur, I would the people of the United States overwhelmingly believe that it like to ask him if there is not another very important question to would be better for the country and for legislation if Senators had be taken into consideration, and ~hat is the question of economy? to go through thl\ rough and tumble of an election the same as It would be very much cheaper and promote economy on the part members of this body do. If we can not trust the people of this of the people to elect Senators in the manner suggested by this Republic, it is time that we made an assignment of all of our as jointresolution. Forinstance, takethecaseof theStateof illinois. sets to some contemptible old monarchy like Spain, or tender back The contest there cost thousands upon thousands of dollars, and our country to" the mother country." If that is true, let us get the same is true of Florida and other States. rid of the idea of a government ''of the people, by the people, and Mr. POWERS. I intended to- call attention to the lllinois case. for the people." · The case in Illinois, to which my friend from South Carolina It is argued that if we send this joint resolution to the Senate [Mr. TALBERT] refers, wa£ the election of Senator Palmer, I sup it will never pass that body if amended as proposed. I believe in pose. There was a practical illustration of the working of this taking the right step in this matter, and the right step is this reso popular method of electing Senators. The Democratic St~te lution as proposed to be amended by the gentleman from Ala convention nominated Senator Palmer as its candidate. The bama [Mr. UNDERWOOD]. Its adoption will give a uniform rule State of Illinois was canvassed by Senator Palmer, precisely as it for all of the States-the people to elect in each. And I would would be expected to be done under this proposed change. Now, keep that proposition before the United States Senate until the every meJl!ber of the legislature and all the people of that State thundE~rs of the people make them surrender that bastile which understood perfectly well that Senator Palmer or some other man defies the people on this proposition. [Applause.] was to be the United States Senator, so that they had a direct I have no doubt the fathers stood somewhat in awe of the beau opportunity to vote their own choice in the election of a Senator. tiful Government that they had constructed, and thought that Mr. STEWART of New Jersey. Does the gentleman think that they had better have a sort of a brake at one end of the Capitol to this proposition would go through the Senate if we pass it, and hold the people in check. base our argument in favor of its passage upon the proposition Hence the restriction on the election of a Sen a tor, and hence the that State legislatures have heretofore been corrupt in the selection length of term of a Senator, which length I admit gives Senators of those Senators? plenty of opportunity to be independent-yes, too independent of 1898. CONGRESSIONAL RECORD-HOUSE. 4815 the popular wish. Of course, we in this body have got to bow to Dewey. He said that Dewey was a Republican. I say that Dewey the people every two years to answer for the sins done in this is an American [applause]; and I say further that, recognizing Hall. In the Senate they can wait until the people cool off and him as a patriotic American, the Democratic Club of the city of get into a better temper if Senatorial action has displeased them. New York on last Friday night elected him an honorary member, That is enough protection for the Senate. You or 1 will take the and honored themselves by so doing. [Applause.] Senatorial toga with that restriction willingly. But the fathers Mr. POWERS. If the gentleman from New York will permit did not know then what a grand structure they were building. me, as he has made reference to Admiral Dewey's politics, I will They were stepping from monarchy-limited monarchy-into state that I did not drag the politics of Admiral Dewey into this the ,PUre air of freedom; and they were not themselves quite discussion, but that one of his own colleagues, in speaking of the willmg to trust the people that they were empowering with au resolution, said that Admiral DeweY. was a Democrat. And I did thority. not see fit to allow any false'assump'tion on the part of New York But, as I said before, if we can not run this Government by Democrats respecting the politics of Admiral Dewey to go unchal trusting the masses of the people, the sin~le sovereign, we had lenged. better quit business and go back to the ola days of monarchical Mr. CUMMINGS. I was not aware of the fa.ct which the gen power. tleman has mentioned. I hope that this resolution will be put through, and that we will Mr. POWERS. I do not want Admiral Dewey's glory clouded keep it before the Senate until the people will givens a Senate by any such reference. [Laughter and applause.] that will pass it, and let the States have an opportunity to vote :Mr. CUMMINGS. Admiral Dewey's reputation, like the repu upon it. When it reaches that stage, I entertain no doubt but tation of patriots on this floor, can not be clouded by any political that it will Pe made a part of the Federal Constitution. references. [Applause.] Mr. ROBINSON of Indiana. Before the gentleman takes his Mr. LOVE. That is saying a great deal. [Laughter.] seat; it has been suggested that there is some danger of the State Mr. CUMMINGS. Admiral Dewey is recognized by the Amer legislatures not passing this provision. Will the gentleman give ican people not as a Republican, not as a Democrat, but as true us his views upon that? blue and patriotic an American as ever had an opportunity to Mr. HENDERSON. I noticed that. State legislatures are in serve his country in time of war. I believe that the same patriotic close touch with their own people and must respond to them; and ardor that incited him at Manila ought to incite the members of there is no body that will respond quicker than a State legislature this House to vote to make the Senate as popular as Dewey by to the people, as a rule. If the people can not control their legis giving the people the right to choose their own United States Sen latures, then of course there is no hope for any reform by legis· ators; I will go further than this and say that the people also lation. ought to have the right to choose their own Presidents. [ Ap- Mr. WHEELER of Kentucky. I would like to suggest to the plause.l , gentleman before he takes his seat, under the present organiza Mr. CAPRON. Mr. Speaker, I desire to address myself to the• tion of the Senate it was not voluntarily determined by the Con amendment offered by the gentleman from Alabama fMr. UNDER stitutional Convention, but was the result of compromise. wooD]. As a member of the committee reporting this measure .1\Ir. HENDERSON. There was compromise all along the line to the House, I voted for it, and feel that it would be unbecoming in the Philadelphia convention. of t-he committee if its members did not support it as best they Mr. \VHEELER of Kentucky. The Senate as now organized may at this time. I voted for this with the provision giving was not the deliberate judgment of the framers of the Constitu permission to the States to vote for Senators through their legis tion. latures or directly by the people, because, while I agree with the Mr. HENDERSON. It was a compromise growing out of the gentleman from Alabama that it is best, and finally will come fear that the framers had of great popular bodies electing Con when all the States will vote as one in this matter, and vote by gress, and they thought that they must give a restraining power the people directly, I recognize the fact that for two Congresses to the Senate. But restraint is no longer needed and never was in the past this question has been sent from this House to the neec1ed in this country. The people are the source of all political Senate and there has slumbered to the death which bills of this power and must be trusted. kind know. Mr. WHEELER of Kentucky. If it had not been for Mr. Ham I believe that it ought to be sent with the conditions which this ilton, I have no doubt that the election of Senators by a direct resolution proposes, because I think when we come to the propo vote of the people would have been provided for in the first in sition which brings the matter more closely to the people, and in stance. their minds will be so considered, that the Senate will have to of :Mr. CUMMINGS. Mr. Speaker, I shall vote for this bill, amend fer still further reasons why it should slumber again. I agree ment and all, very willingly. It removes a blot in our political with my colleagues that it is unwise to tinker with the Constitu system. It partly corrects unjust apportionments by State leg tion of the United States, but I am always glad to refer in this islatures. We in New York are suffering from an apportionment connection to the preamble of the constitution of my own State. which limited New York City, no matter what her population, to That constitution commences with these words: a certain number of representatives in the legislature. Eighty thousand voters in New York City may be required to elect an In the words of the Father of his Country, we declare that the basis of our political systems il> the right of the people to make and toalt>6r their con· a~semblyman, while 15,000 voters in a country county may suffice. stitution of government. In the State constitutional convention, dominated by ·a Republican majority, a few years ago, a clause was inserted which limited Now, sir, when we recall the history of the making of our Con New York City, no matter how great her population, to one-third stitution, we all know that it was a matter of compromise, that of the members in the legislature, and she pays to-day 54 per cent the States of Pennsylvania and Virginia at that time agreed and of the State taxes. believed that United States Senators should be elected directly by Repeatedly have the Democracy carried the State of New York the people. A hundred years has led very many of the States to in one instance by nearly 70,000 majority-and under this unjust agree and to vote that this was right, and to-day I do not doubt, By-stem of apportionment, which prevailed even before the adop and I do not believe any man on this floor doubts, that if this tion of the present State constitution, the legislature became Re proposition was submitted to the people there is not a State in publican. With an overwhelming Democratic victory staring it the Union but would decide to allow the people themselves to in the face, that body elected a Republican United States Senator. vote directly upon the election of United States Senators. I believe that the people should enjoy the fruits of their victory. The idea that the Senator votes as a tmit for the State at large They should elect the Senators, the same as they elect their State would involve a discussion of the idea of what is .the State. I like officers. Then you may have United States Senators who will to think of the State as do the people of Massachusetts when they represent the people and not monopolies, trusts, and the money refer to the Commonwealth of Massachusetts, the '' Common power, who usually have the whip hand whenever a United States wealth" meaning the common conscience, I assume, of Massachu Senator i8 to be chosen. rApplause.] setts; and that is the commonwealth of every State in this Union. Mr. 8peaker, believing that the people of the United States would If the people themselves can not express that conscience, nobody overwhelmingly pass this proposition if they could vote upon it, I to whom the people may delegate the power can ever express it. shall heartily support it. It is not for us to consider whether the Senate will or will not pass Let me call your attention to another State where a wrong sys this measure. ' tem of apportionment exists. I tis the State of Connecticut. Un It is enough for us to know that we are following along the line der its constitution the little town of Union, containing 112 voters, of the desire of the people of the country, and having done that, elects two assemblymen, while the city of New Haven, with over whether this Congress or some other Congress shall finally suc 100,000 inhabitants, is allowed only the same number. A small ceed in introducing a resolution which will pass the Senate is not minority of the voters thus overpower its legislature and elect its for us to determine. It is enough for us to remember that we United States Senators. Pass this proposition, and you will do have voiced the opinion of the people of our several districts and much toward wiping out such false systems of legislation. States, and beyond that it is not left for us to go. W~ do kaow, I listened with a good deal of interest to what my friend from however, that the timB will come, and it is likely to come speedily, Vermont [Mr. PowERS] said, especially in regard to Admiral when the several States of this Union will, doubtless, each, for -

4816 OONGRESSION.AL REOORD-HOUSE. MAY 11, reasons of its own, see to it that their Senators adopt a resolution The SPEAKER pro tempore. The gentleman from Michigan of this kind. . moves the previous question. Now, I believe that the amendment of the gentleman fromAla Mr. CORLISS. · At the suggestion of several gentlemen, I give bama ought not to prevail, because I believe that this privilege of notice that at half-past 4 to-day I will move the previous question. permitting the several States to elect whether they shall continue Mr. JONES of Washington and others. Make it 4 o'clock. the present method of electing Senators by the legislatures or Mr. DINGLEY. The gentleman simply gives notice. whether they shall submit the question to a direct vote of the peo The SPEAKER pro tempore. The gentleman announces that ple should be allowed, and I think it will strengthen the resolu at 4.30 he will move the previous question. The Chair now rec tion as it goes from us, and that strengthening will certainly allow ognizes the gentleman from Kansas. the people finally to express their will. Mr. SIMPSON. Mr. Speaker, I am in favor of this proposition I now yield the balance of my time to the gentleman from Penn- and the amendments to it. I represent in part the only party sylvania [Mr. KmKP.A.TRICK]. which put this proposition in their platform during the last cam paign. Therefore I am for it; besides, it is right. I will confess, [1\Ir. KIRKPATl:tiCKaddressed the House. See Appendix.] though, Mr. Speaker, thatmyconfidencein this proposition to elect 1\Ir. SrnPSo~ was recognized. Senators by direct vote of the people has been somewhat shaken. Mr. CORLISS. Mr. Speaker, if the gentleman from Kansas I heard the gentleman from Vermont [Mr. PowERS], and was in will allow me, in order ihat we may understand when the time terested in his remarks, and very much interested in his assur shall come when the vote will be taken, after debate on this mat ance that there was not anything in this anyway, that it would be ter, I ask unanimous consent that the balance of this day may be defeated in the Senate. I think, in part, that accounts for so occupied in the discussion of the resolution and amendments, and many gentlemen on the Republican side advocating the measure, ihat to-morrow morning, immediately after the reading of the because they feel that they are perfectly safe in advocating it, Journal, the vote shall be taken. rcries of "Vote!"" Vote!"J with that assurance which the gentleman from Vermont has given The SPEAKER pro tempore (Mr. BINGHAM). The Chair has us, that it will not pass the Senate, and therefore will not injure recognized the gentleman from Kansas, but will submit there their standing with the trusts and monopolies of the country. quest. [Laughter.] Mr. CORLISS. I ask this because I understand that there are Some statements have been made on both sides hero that this is a number of gentlemen who desire to talk on the question, and desirable because it will give us a Senate that will be more in there are others who have engagements and yet who desire to touch with the people, that will more directly represent the -peo vote on the measure. If to-day is taken up with the debate, it ple of the eountry. Well, I have believed this until recently, but will give ~A.¥f~ortnnity for all to be present and vote to-morrow. to-day the Senate stat+ds more nearly the representative of the The SP R pro tempore. The Chair will submit the ques- people than does this body, which is supposed to be the representa tion. The gentleman asks unanimous consent that immediately tive of the people. It is a fact well known to the country, whether after the reading of the Journal to-morrow morning a vote be it is well known to the members of this House or not, that thi.s taken on the bill and the amendment. Is there objection? body is no longer a representative body. Mr. TONGUE. I wish to suggest to the gentleman that quite Mr. MAHON. It is outside of the State of Kansas. a number of members expect to be absent t<;>-morrow. Mr. SIMPSON. There is a majority and a majority of thema :Mr. CORLISS. I ask if the gentleman will be content if I move j ority, and so on all along down the line till you come to the Speaker the previous question at half past 3 this afternoon? himself, who is a majority over all and represents the people! Mr. MOODY. I hope the gentleman will not do that. [Laught~r.] Who among you all here, no matter what your con Mr. CORLISS. I should like to arrive at some understanding stituents want and what measure you stand for, but have to go to about the matter. the Speaker and beg and pray, sometimes on bended knee, to get Mr. SHERMAN. Nobody has objected to the other proposi- recognition to put before this body the measures that your constit tion. uents desire? And some gentlemen havetheassurance to call this 1\Ir. CORLISS. I ask the Speaker to put my first request. a representative body and ask tha~ the Senate pass a measure so Mr. MAHON. I move that the House do now adjourn. that they may make the Senate perhaps the same kind of a body. The motion was rejected. Mr. CORLISS. Will the gentleman allow me to ask him a Mr. MOODY. Let me suggest to the gentleman from Michi question? gan that this proposition is to many of us entirely unfamiliar. In Mr. SIMPSON. Certainly. my own State, for instance, we have never had any trouble aris Mr. CORLISS. Is the gentleman not aware of the fact that I ing out of the present method of selecting Senators. I do not per forced the recognition of this bill by calling for the regular order, sonally know what the sense of my people may be. I have given and its very consideration is a refutation of the gentleman's charge no thought to it. Until to-day! had no idea that I should be com against the Speaker? pelled to vote upon a proposition to change the organic law in so Mr1 SIMPSON~ Perhaps the gentleman from Michigan is the important a matter. only man who could have forced the Speaker to· give way to his Jllr. CORLISS. Does the gentleman want longer than until5 demand. [Laughter.] But, unfortunately for the rest of us, we o'clock to-night? have not that power over the Speaker that the gentleman who rep Mr. MOODY. Yes; my suggestion would be that the debate resents the Detroit district has. I am speaking for those members continue, as he proposes, during the remainder of the day, and who have not the "pull" upon the Speaker that the gentleman that a vote be taken on this proposition on Monday_, after the read from Michigan has. ing of the Journal. That would give a specific time.. It would Mr. CORLISS. Does not the gentleman l11ow that he has the give a full attendance in the House, and it would give those of us right to call for the regular order and secure in the regular way who have given no attention to this matter a chance to give at consideration of any measure which is upon this Calendar? tention to it. Mr. SIMPSON. "The gentleman" is well aware of that, and Mr. CORLISS. I think the matter should be disposed of, Mr. "the gentleman" is well aware of another fact. He has got to Speaker, either to-day or to-morrow, immediately after the read catch that elusive object, the Speaker's eye, before he can obtain ing of the Journal. I ask unanimous consent that the debatecon recognition. As suggested by my friend from Mississippi," Many tinue during the remainder of the day, and that a vote be taken are called, but few are chosen." [Laughter.] to-morrow, immediately after the reading of the Jpurnal. Mr. MOODY. Let me call the gentleman's attention to another The SPEAKER pro tempore (Mr. BINGHAM). ·The gentleman's instance, which also refutes his statement, and that is that the proposition is that the debate continue during the remainder of calling up of the immigration-restriction bill this morning was in the day, and that to-morrow, immediately after the reading of the the regular course of business, and the House declined to consider Journal, a vote be taken on the resolution and amendments. the bill. Mr. TONGUE. I object. Mr. SIMPSON. I am glad that the gentleman has called my 1\Ir. THORP. I object. attention to that fact. It is another one of those things that come Mr. CORLISS. I ask for a vote at 1 o'clock to-morrow, then. over here when therE~ is an election coming on. The Speaker very 1\Ir. CLARDY. I object. readily conceded you the right to call it up, but gentlemen will Mr. SHERMAN. Give notice that you will move the previous remember it was very quickly called down, and if gentlemen will question. remember they did not care to go on record. Mr. CORLISS. Mr. Speaker, unless I can seeure an under Mr. MOODY. It was for consideration. standing, I shall move the previous question. Mr. SIMPSON. One gentleman called for the yeas and nays Mr. DOCKERY. What is the proposition, Mr. Speaker? and another for tellers, but they ~ckly withdrew the demand. The SPEAKER pro tempore. The gentleman from Michigan You did not want to consider it. Why, Mr. Speaker~ that is pre moves the previous question. cisely the line that the gentleman wants to pursue, in order to Mr. SIMPSON. Mr. Speaker- square himself with his own constituents, a New England con The SPEAKER pro tempore. The question is not debatable, stituency. You bad to call it up so that you could say that you Mr. BAILEY. A parliamentary inqmry, made an effort. [Laughter.] "We tried to get it up." [Laugh· Mr. SIMPSON. Was I not recognized? ter.] 1898. CONGRESSIONAL RECORD-HOUSE. 4817

Mr. MOODY. I hope we will have order. The gentleman will the Senate-that they have not the right there to order the previ- ' not do me a personal injustice, I am sure. I want to make this ous question, and therefore the debate is unlimited. I believe statement in respect to his remark-that I not only voted for con with this reform-with the responsibility thrown back on the sideration. but I voted for a call of the roll upon consideration. members of the House-we could again become a representative 1\lr. SIMPSON. And yet when all these were voted down, the legislative body. gentleman from Massachusetts would say that he indorsed the bill I hope this measure will go through. It has gone through, I and endeavored to call it up. think, nearly every session of Congress since I have been here. It Now, I was about to say that my faith was somewhat shaken in is an o1d and familiar soldier here. It has served the purpose the proposition of making the Senate such a body as this. To-day many times of members squaring themselves with their constitu it is the only representative and legislative body, and is the only ents, and is going to serve the same purpose again. [Laughter.] body representing the people, the body that is standing between It is suggested by a friend near me that it will be put on the the monopolists, or plutocracy, as we generally term them, and pension roll. It has done great and valiant service for a great the country. many gentlemen. I trust some of you are in earnest. [Laughter.] They are the body that stand between the people and the prop I trust there are enough members of the House that are in earnest osition of saddling an enormous issue of bonds upon the people; to pass the proposition, Eo that it may finally reach the people. and I trust and hope they will ever stand between the people and I believe in a republican form of government. As was stated that proposition. I am not clear in my determination as to the by the gentleman from Vermont [Mr. PowERsl, all the places of reason why Congress is not a representative body any more. I trust and honor held by the people should be filled by election by am inclined to think that the time for which members are elected the people. That is the o~y safe way. The people may make is too short; that elections occur one-half too rapidly, and the mistakes, but the people can rectify them and make right their desire of members to come back to this body makes trimmers out mistakes if you trust the people. It is the only safe rule, in a. of them. They must trim to some extent, and concede to the republican form of government, to throw the responsibility back wishes of those rich corporations and concentrations of wealth on the people. It is responsibility that educates, and that is what who do bring an enormous influence to bear on Representatives we must depend upon. to carry out their will in regard to legislation. - Now, Mr. Speaker, I did not intend to say even this much when 1\lr. MAHON. Will the gentleman allow me to ask him a ques I started in; bat some of my friends over on the other side asked tion? me a few questions which were very proper, and I therefore pro· l\Ir. SIMPSON. In a minute. There are many districts in the longed my remarks beyond what I intended to when I started. I United States where members represent large corporate interests, merely wanted to make the suggestion and draw members' atten and they can not stand against that interest; and so it is a fact that tion to the fact that if we proceed in the course that we have been frequently recurring elections make cowards of us all to a certain proceeding in, we shall make this body an unpopular body and extent. I am inclined to think that the term of Congressmen ought the Senate a popular body, and I think we all want to avoid that. to be extended. I, at least. want to avoid it. [Applause.] Mr. :MAHON. The gentleman charges members of the House Mr. McEWAN. Mr. Speaker, the gentleman la.St on the floor with bein~ "trimmers." Does the gentleman make that charge said he hoped that some of us on the Republican side were in from personal experience? earnest in our advocacy of this measure proposing to elect United Mr. SIMPSON. My own experience, I suppose? No; more by States Senators by the people. Let me tell him that I for one am observation. rLaughter.] not here to seek any political advantage by urging the adoption Mr. MAHON. The gentleman has managed to get on all sides of this resolution. The people of my district know thoroughly of all questions. well that I have, during all my public career, strongly favored Mr. SIMPSON. Now, I think that is an unfair charge. I have the election of United States Senators by the direct vote of the tried to be consistent and also to be right. I will say this, how people. ever, in regard to that first proposition: I am a little more fortu Therefore I can stand here and say that it is not as a demagogue nate than he is. He bas been neither consistent nor right. that I am advocating this measure. If I had had my wav, the Mr. MAHON. I am not a trimmer and never was. debate would have been on abolishing the Senate. I wouid far l'tlr. SIMPSON (continuing). In the constituents I represent. rather discuss a resolution that would do away entirely with the There are no large cities in my district. Seventy or eighty per United States Senate. Why do I say this? Because I believe that cent of the people that I represent are farmers, living in the rural the foremost thought of the world to-day in legislative matters is districts, far removed from the political corruption of large cities, in favor of doing away with any intermediate body between that like many of the States, that gentlemen live itt. Therefore, I am representing directly the will of the people and the executive. removed from that temptation to pander· to rich corporations. We see this in the case of the House of Lords of England. In the great West, where we have these conditions-where the In Great Britain there is a constant discussion as to the neces constituency we represent is largely in the country-we are not sity of the House of Lords being continued, and those favoring its subjected to these influences as are gentlemen who live farther discontinuance are ever increa-sing in numbers. The United. East, where there is great concentration of wealth. States Senate was made a part of our body politic by taking as an I want to say another thing now, for I never had an opportu example the House of Lords of England. The members of the nity before to say anything good about the Senate. It is the only House of Lords were in fact appointed by the King, and appointed parliamentary body we have. It is the only place where thet·e i.s for the sole pul'pose of representing property. We have no king freedom of debate, where you can discuss matters coming up be to make such appointments, and we have no property that ought fore the people, of great import. We witnessed here week after to be represented as property. I hold that property in Hself is week and month after month, particularly in these exciting times always able to protect itself. I hold, on the obher hand, that hu of war, propositions coming before this body involving appropria man beings, men who have feelings, especially those who are poor tions of hundreds of millions of dollars that are brought in and and helpless, always need protection. rushed through without proper debate on either side. Neither It has been said by some who oppose propositions of this kind side of the House was allowed time or opportunity to express its that we ought to continue the Senate because it represents the opinion. So, in my humble opinion, the first thing thatweought entity of the States. lf those gentlemen would tell us why a to do is to 1·eform our own body and make it a truly representa State as an abstract entity ought to be represented, I certainly tive body of the people before we attack the other side. [Ap would be glad to be instructed upon that point. Human beings plause.] are all that a representative government ought to represent at all. I tell you, gentlemen, if the conduct of the House in the future If it be a representative government, it means that it should be continues as it has in the past, it will become an object of con a government in which the representatives would be controlled tempt and ridicule by the people instead of the United States Sen by the wishes of a majority of the p~ple. We know full well-· ate. The Senate to-day is the only representative body the people at least those of us who have sympathetic hearts and souls-that have in the United States. It is the only place where their desires the majority of the people of this land are in need of sympathy. can get voice, and if you keep on in this course you will make that And if public representatives, whether in the Senate or here, were body popular and this body unpopular. I know what the pretext true to their duty, then instead of representing only property in is. They say this is a large body of three hundred and odd mem terests (I mean taking care of property interests only) they would bers, and if you had unlimited debate yon would have endless think how they could best advance the welfare of the common talk and wrangling and no determination of any matter ever people. anived at. I was a candidate for election to this body in the hope that it That is made the pretext of adopting a system of rules that has might be my privilege to render service in a way which would had the effect to gag the Representatives in the House. I do not have been an occasion of honorable retrospect during my life and think it is necessary. I think we ought to take the ,POwer away a matter which might be held to my advantage when I came from the Speaker. I think the Honse ought to appoint its own before the great Judge hereafter-that I had been in a station committees. And if you adopt the rule of ordering the previous where I could do something good for the common people. Thus question, the House can at any time determine when it wants to far, I am frank to say, I have not had that opportunity. take a vote and stop debat.e. That is the only difficulty to-day in The members of the State senate are not elected by the counties, XXXI-302 4818 CONGRESSIONAL RECORD-HOUSE. MAY 11, but elected directly by the voters. There is to-day no higher body perience which the States of Oregon, Kentucky, and Ohio have over the boards of aldermen in our cities, and that body is elected. recently had in the attempt to elect United States Senators has There is no reason based upon analogy or anything else why demonstrated that the present mode is very expensive in the time United States Senators ought to exist; and there is every reason it consumes of the legislature, is very demoralizing to the regular for maintaining that if they do exist because for constitutional work of the legislative body, and is very productive of corrupt reasons we can not now go far enough to exterminate them (using practices. The amendment of the gentleman from Alabama, I that word after due thought), then we certainly ought to make believe, is a good one, and I shall vote for it. No argument has them amenable to the people. been suggested against the election of the United States Senators We know how great are the temptations for the vast moneyed by the people of the States; and I believe that the joint resolution powers to distribute their money among a small number of men proposed here, whether it be amended or not, will be adopted called State legislators, who may thus be induced to elect their and should be adopted unanimousJy. creatures, the average United States Senator. The majority of That being the case, a practical question arises as to how we can the voters would not be purchaseable. If we had as United States best secure the ratification of such a chan5e in the organic law, Senators men elected by the people, we would have a representa~ which may involve a great deal of controversy in some of the tive body in a representative country. With United States Sen States, and may involve a great deal of delay. The wiseet plan, ators so chosen, I think we would have avoicled almost all the in my judgment, for Congress to adopt is to select that plan which scandals we have had during the last thirty-five years. will involve the least delay. It has been said here by the Representative from Kansas [Mr. After this resolution passes the gantlet of legislative enact SrnPSON]-and I think it was very pertinent-that the United ments here it has a hard road to travel, because when it gets into States Senate is to-day the real representative body of the people the States it will doubtless meet stormy opposition in some of the of this country. If he had analyzed the reasons for this fact he States by persons who favor the present mode of electing the would have found that the men who to-day are standing up in Senators, and if possible they will defeat it. It requires the con the United States Senate arrayed against the money power, try sent of three-fourths of the States. That means that if twelve ing to find a way by which the common people may be benefited, States in the Union prefer the present system of voting for United are those United States Senators who practically have been States Senators, this law will not be and can not become an elected by the peopl-e. amendment to the Constitution of the United States. Twelve In most of the Southern States United States Senators are desig States only, therefore, are necessary to defeat it. nated at the primaries at which the people vote. The men thus I have heard, Mr. Speaker, with a good deal of interest, the dee chosen as Senators are those who are now trying with the best in scription given by the gentleman from Vermont [Mr. PowERS] telligence they possess to stand by what they believe to be the in his remarks to-day concerning the methods of manipulating wishes of the people of the United States. legislatures in the election of United States Senators who do not · Let us cite instances. In the action on the late war resolution represent the people, and the control of legislation by the boases. those Senators (speaking in a general way) who favored the in We have rea.son to believe from newspaper reports and general dependence of Cuba were Senators elected, to all intents and current rumor that there is a ~reat deal of truth in his statement. purposes, by popular vote-Senators coming mainly from the If you submit this constitutiOnal amendment to the legislatures Southern and Western States, where United States Senators are for ratification you will find efforts being made for the purpose of practica11y designated at the primaries, and hence are the repre defeating the lawthatwouldnotbeattempted if it were submitted sentatives of the popular will. A similar state of affairs exists to conventions in each State. When you take into consideration as to the proposed bond issue and income tax. the fact that yon not only have to get favorable action in each of Could we but accomplish this reform, and one other for which the two branches of the legislature of the majority of too States I have introduced a resolution, now before the Committee on but that it has to pass the scrutiny of the legislatures of three Rules with the request that it may be submitted to this body, fourths of all of the States, and run the gantlet of the OJ?position which is as follows: and fights that will be made against it to prevent its ratification, it is well to consider whether it will become a part of the Constie Resolution by Mr. McEwAN. tution after it passes Congress. Resolved, That a special committee, to consist of five members of this House, be a.pl>Otnted and hereby instrncted, through a subcommittee or Now, when a convention in a State is called for the purpose of otherwise, to mqnire into the feasibility of applying the principle of direct votin~ on the direct question as to whether this shall become a l€'gislation through the initiative and referendum to the legislation of the constitutional amendment, you will find that the delegates to Federal Government, and to report to this House, at thiS sessionhby bill or such convention will represent the sentiment of the people. otherwise, the result~ of said ~quiry; a:nd that for the purpose ereof ~he committee be authorJzed to Slt rn. the City of Washington, or any other mty Mr. NORTHWAY. Doyon believe thataconventionofthat of the United States, and employ such clerical aid as may be necessary. kind is to be called by a mass meeting of the people, or a convene tion to be.called under the law of the State? This provides for direct vote of the people upon proposed meas Mr. SHAFROTH. Of course, under the law of the State. ures of legislation. If we now had the election of United States Mr. DINGLEY. That is, by the legislature of the State. Senators by popular vote in the States, and if we had also some Mr. SHAFROTH. And the legislature· submits the constitn· way by which we could ask the people whether they were satis tional amendment to the people for ratification through a conven· fied with the laws proposed, then mdeed would we have a popular tion. government. This is direct legislation. It would do away en Mr. NORTHWAY. Do you think the legislature of a State tirelv with all possibility of corTuption. Men who might be se would call a convention to ratify this amendment when it would lected by their fellow-men· to come into public life would not be not ratify it itself? held up to odium and suspicion. I long, Mr. Speaker, I pray, for Mr.SHAFROTH. Certainlyitwould. Itwouldnotdarerefuse the daywhen the United States Government shall have the direct to call a convention. legislative system as it exists in Switzerland at this time. [Loud Mr. NORTHWAY. Then why would it not ratify it itself? applause.] Mr. SHAFROTH. When the Congress of the United States fHere the hammer fell.] presents a constitutional amendment and directs ratification or Mr. SHAFROTH. Mr. Speaker~ as the chairman of the com rejection by a convention, do you suppose there is a State in the mittee having in charge the joint resolution now pending before Union that will not call a convention? the Honse has given notice tb,at he proposes at half past 4 o'clock Mr. NORTHWAY. Then why not ratify it itself, instead of to demand the previous q_uestion, I want to discuss for a few mo calling a convention to do that very thing? ments an amendment wh1ch I desire to submit at the proper time, Mr. SHAFROTH. Because the legislature might be opposed to after the disposal of the amendment now pending. the amendment and might defeat it. Yet they would no more The amendmenttowhich Ireferrelatestothemodeinwhich the think of refusing to submit it to a convention when directed by constitutional amendment is to be ratified by the several States of Congress, than a presiding officer would think of refusing to sub· the Union. The resolution, as drawn by the committee, pro mit a motion. Even if you are opposed to a law yourself, if the vides that it shall be ratified "by the legislatures of the various National Government should make a demand or request upon States." The Constitution of the United States provides two you to submit it to the people, you would do it. modes for the ratification of amendments proposed to the Consti Mr. COOPER of Wisconsin. In reply to the gentleman from tution by Congress. I will read that part of the Constitution Ohio, permit me to say, suppose the speaker of an assembly or the relating to the same. 1tis as follows: president of a State senate should appoint a committee with the When ratified by the legislatures of three-fourths of the several States, or direct purpose of smothering that resolution. Could not that be by conventions in three-fourths thereof, as the one or the other mode of rati· done? What the gentleman from Colorado says is perfectly true. flcation may be proposed by the Congress. It is ten thousand times more difficult to get it through a legislature Now, Mr. Speaker, the amendment which I propose to offer is than it would be to get it through a convention called for that to substitute the mode of ratification by conventions instead of purpose. It is easy to get a committee in either house of a State by the legislatm·es. legislature to kill it. I believe that the great mass of the people of the United States Mr. SHAFROTH. Now, Mr. Speaker, a legislator is ele~ted on desire the adoption of this constitutional amendment. The ex- many issues, and perhaps not on the question of this constitutional 1898. CONGRESSIONAL RECORD-HOUSE. 4819

;;Lmendment. Although the people may be in favor of this meas- that ought to be the great deliberative and representative body of ure, there is no certainty that the legislator on t~~s minor issue of t~e Republic. the campaign will be in accord with them, whereas a man elected Mr. DINGLEY. Mr. Speaker, I desire to call the attention of to a convention upon the direct issue is sure to reflect the will of my friend to the fact that the time for debate on the war revenue the people. To say that the legislature would not call a conven- bill was .fixed by the House by unanimous consent, and not by a tion would be, it seems to me, to put upon them a stigma that report of the Committee on Rules. they should not bear. Mr. DOCKERY. I stated a moment ago it was either by special - The people of the United States want some such measure as order or by unanimous consent, and it could not have been secured ~his passed. The only possible way of defeating it is through in that case except for the fact that we were standing on the thresh ~ome legislative manipulation to tie it up and prevent its being old of war. I desire the gentleman to understand that I am chal acted upon. A legislator, it is true, may refuse to vote for the lenging the system of rules inaugurated by the Fifty-first Con constitutional amendment, but when he is not voicing his senti- gress, and substantially followed by all administrations of the ments one way or the other, but is simply providing for a co11Bti- House since that time. tutional convention out of respect to the National Legislature, it Mr. Speaker, I wish I could fix the attention of the seventy mil seems to me that every one of them, whether for or against the lions of people of this country upon the gravity of this situation. amendment, would unquestionably vote to submit the question Unless we can find the golden mean, the proper middle ground on to a convention. this question, avoiding alike the extremes of needless and nnlim- lf you have a convention, I believe that this law will be ratified ited debate on: the one hand and the equally reprehensible extreme by three-fourths of the States, but if you do not, I doubt very of no debate at all on the other, we will destroy this House as a much whether it will become a constitutional amendment. delib~rative body; and it will be said and we will admit in shame Twelve States can defeat it. If bosses control legislatures, and it -that the Senate of the United States is the great controlling de is as easy as it is said to be to defeat a measure in a State legisla.- liberative body rather than this House, which under the Consti ture, it seems to me the better mode of having this constitutional tution is peculiarly the representative of the interests of the pea amendment passed upon would be through conventions of the pie of the United States. [Loud applause.] States. Mr. TONGUE. Mr. Speaker, the remarks of the gentleman Mr. DOCKERY. Mr. Speaker, I am in favor of this joint reso- from Kansas [Mr. SmPSON], showing that it is safe for him to de tion providing for the election of United States Senators by the nounce corporations, reminds me of the story of a Western min people. As I now recall, I have voted for quite a number of prop- ister. This gentleman went out to preach to a new congregation, ositions of like character during my Congressional service. I and on his way to the church he met some sister, who called him realize, as the gentleman from Colorado [Mr. SHAFROTHl does, that aside and said, ''My brother, I want to make a suggestion. Now, the resolution will necessarily encounter many difficulties in its please do not say anything against dancing. Quite a number of transit to final appr{)val and enactment. Under the limitations ouryoungladies-someofthemodelsofourchurch-~ttenddances, of our Constitution it ~ practically impossible to ingraft a con- and I would not like you to hurt their feelings." He agreed very stitutional amendment upon our organic law. readily to this. After he had gone a little farther some brother The Constitution requires the approval of two-thirds of ths of the congregation met him and said, "I want to make a sugges House, two-thirds of the Senate, and three-fourths of the legislation. Now, please be very careful to-day as to whatyousayabout tures of the States before an amendment can be recognized as a gambling. Von notice we have a new church. It was somewhat part of our constitutional charter. Such being the law, there is expensive. It was difficult for us to pay for it, and we found it only one power that can secure the enactment of this amendment, necessary to go around among the gambling institutions of the and that is the power of .an awakened public opini

people are sufficiently aroused to compel Congress an~ the legis- feelings." He said, "All right." He went a 1. ittle farther on, and latnres to pass this joint resolution. I believe it ought to be the met another member, who said to him, "Excuse me a moment. law. I believe that not only the members of this House, but the Now, please don't say too much about saloon keepers to-day. We Senate and the President as well, should be elected directly by had a poor family here a short time ago. The father died, leaving the people. -- - a widow and children in distress, with no one to take care of them. I believe in trusting the people; but I desire to suggest, as sup- We went among the saloon keepers and they made up a very plemental to the observations of the gentleman from Kansas f.¥r. comfortable sum. I wish you would not hurt their feelings." SIMPSON], that in my judgment one reason why this propos1tion The preacher responded, "See here, my brother; I have been for has not the force, effect, and power to-day befote this body and bidden to talk about dancing or to preach against gambling or the country that it had in former years grows out of the fact that against saloons. In Heaven's n11me, tell me what I may preach the people have come to regard the Senate as more nearly their about." The brother responded, "I will tell yon. There is a representative upon great public qtiestiop.s t.llatn the House of small band of Mormons that came and settled among us a short Representatives. Mr. Speaker,in my opinion, this is the 1·esult of tune ago. You can abuse them as much as yon please; there's our faulty system of rules, the existing system being the logical not many of them; they haven)t any friends, and you will be result of abuses prevailing under the old system. perfectly safe." My friend from Kansas says that he has none of Why, sir, I stood here under the former system of rules and saw these corporations in his district, and he knows that he can abuse three gentlemen arrest the business of the House for eight long them in every other district of the United States with perfect days and nights. That was possible under a cope of rules where safety. fLaughter.] the pendulum swung to the extreme of unlimited debate. Mr. Mr. SIMPSON. Now yon refer to the Republicans. Speaker, from that extreme, and since the Fifty-first Congress, Mr. TONGUE. In thisqnestion !"am irith the gentleman from under all administra.tions of the House-and it is the system I Kansas. I agree with him, and hope to see this resolution passed. arraign-the pendulum has swung to the other extreme ~til In response to a remark made by one gentleman on the other side, we have now reached a time when upon great questio~, properly allow me to say that this is not a new question in the State of challenging the attention of the country, the Senate attracts the Oregon. Quite a number of successive legislatures have passed attention of the people, and this body, which ought to stand tor resolutions upon this question, and asked for this amendment. the people, is minimized and dwarfed under a vicious system of Representatives from that State, both in the House and Senate, rules. This fact furnishes the reason why this amendment to have uniformly favored it for a great many years. elect Senators by the people does not appeal so forcefully to the We have had some experience in that State of the evil effects of country as it formerly did. I am free to say, however, that I de- the present system. Within a few years past two legislatures sire Senators elected by the people, and if they were thus elected have met and adjourned without electing any eenator. During ' that body, under its existing rules, would infinitely surpass in its three sessions of the legislature the Senatorial contest has taken revresentative character this House, which should be the great up praptically t~e e~tire time, and has prevented the passage tribune of the people. of desrrable legislation. The last one has discovered another Mr. Speaker, these statements are not prompted by partisan method of handling this matter, that does not seem to have considerations. When we controlled the House, substantially occurred to the members in any other State. Our constitution the same code of rules was aclopted, and wl+en it wa.s getermined requires two-thirds of the members of either house to constitute to press a measure to conclusion the Committee on Rules came in a quorum. . with a report, and ofttimes wl,thont sufficient time being allowed The result has been that one-third of the members of either for debate measures were rushed through the House just as they house can pr~vent the election of a United States Senator, and so are railroaded through the Honse to-day. But, Mr. Sp~er, at the last session a little more than one-third of the members of what is the result? Debate upon unimportant propositions can ~he house declined to take the oath, declined to qualify, declined be secured for the asking, but when a great measure r{Lising to enter upon the discharge of their duties, and the legislature was $100,000,000 of revenue and authorizing a bond issue of $500,.000,- absolutely powerless. The senate organized and was in session 000 or other measures of 1ike character come up the power of. forty days, incurring expenses and bills to be paid, but could not the Committee on Rules is invoked, in the absence of unanimous pass a single measure or a single binding resolution. . consent, and these great measures are railroaded through a body The house resolutely refused to organize because more than 4820 CONGRESSIONAL REOORD-HOUSE. fuy 11, .

one-third of the members failed to qualify. The result bas been p.ational Constitution as now judicially construed is shorn of its no legislation, no United States Senator, no appropriation bill, power to defend the people against many invasions of their in and so, while we are collecting taxes and piling up money in herent rights. the treasury of Oregon, the bills against the State are paid by Wer~ it not, Mr. Speaker, that the present system of election of warrants drawing 8 per cent interest. So far as that State is con- Senators was enjoined by the Constitution, it would be difficult to cerned it will be a very economical matter, it will save a vast ex- imagine a single reason or shadow of a defense for this system. ""' penditu.l'e of money, it will save a vast amount of friction and And, sir, with the yearly recurring scenes of disgrace, debauchery., feeling, if the people elect their Senators at the ordinary election and corruption which accompany the election of a United States without additional expense or additional trouble. · Senator, there is now no shadow, even, of defense for the continu~ But there is another matter. I am in favor of the amendment ance of the present system. The actual experiences in the present so as to make it compulsory on the people of a State to elect their system for over a century of our country's history are far more Senators. The State of Oregon is interested in the auality of men potent than theories. The scenes of corruption and bribery a~ that are elected from the State of New York or the State of Penn- tending the eJection of Senators are matters of such universal sylvania or the State of Ohio. The present system is not designed knowledge that rio need exists to recite their horrible details. to elect the best men for Unit.ed States Senators. Before a man To-day one Senator stands convicted of bribery by a majority can become a United States Senator he must learn other things of the committe~ of the 1egislature of his State appointed tO than Federal legislation. He must learn to control the political investigate his election. The large sums of money used in this machinery of his State. He must learn the methods of handling contest, the coercion, th~ consequent riots, and the effect upon the various members of the legislature, and it is not always that the public sentiment are fresh in the memory of all The people the best people learn to do that. There have been men less than of one State (Oregon) have for some time been represented by but ' a half century ago elected to the Senate of the United States that one Senator, because, though their legislatlll'e has been repeatedly I could not have been elected by the people of their State. in session, they could not elect a Senator because they could not The gentleman from Vermont_ [Mr. PoWERS Js~d the machine agree on a division of spoils. will probably control conventions and nommations. Possibly They went even further. In ordertopreventthe election of a that may be true; but, Mr. Speaker, when the ma~hine does th_at, Senator more than one-third of the members failed to qualify; when it controls the machinery of conventions and nominates a and as the law of that State requires two-thirds of all members- ~ candidate for United States Senate, it will nominate men who elect :to constitute a quorum for .any business, they entirely blocked have the confidence of .the people, whose record and character, ~ legislation seriously jeopardizing the interests of the ~tate, whose career and whose ability, are such as to entitle them to the which were made subservient to greed, .ambition, or revenge. respect and confidence of the people; and that is not always the Scenes of a similar character also were recently enacted in the case when it is done by the legislature. State of Kentucky, when the interests of the people were foJ; It is one thing to nominate a candidate for the Senate before weeks kept in abeyance, while selfish interests and human pas conventions and before elections, and another when everything is sion held sway. all over. I favor this amendment because it is for the best inter- We feel in Michigan also the terrible effects of this system as a ests of the State. It will be more economical; it will insure better growing ulcer. Starting from the legislature as the heart of th~

elections and a better quality of United States Senators and a body politic1 poisonous influences .are pulsated through the ar more dignified and able body. [Applause.] teries of the various departments, permeating to the people. A~ It is safer to trust the people, and this is a step in that direction. the last Senatorial contest it was .rep·eatedly stated. in the press, It is nearer government by the people and for the ~eople. and I ha-ve never heard it denied, that over '1 ,500 was paid over Mr. TODD. Mr. Speaker, the enactment into law of the bill the bar of a single hotel for liquor by the "manager" of the sue now under consideration will mark a new era in our nation's his· cessfnl candidate. The money for "influencing" the election of tory, add a new milestone in the onward march of human prog- Senators is furnished by those who desire either legislation ~ ress, and enlarge the boundaries of our national advancement. their special interest, or appointments for themselves or friends. For, sii·, not only are the proviEiona of the bill most wise and Thus the vote and influence of the senator is ''fi.xed" in advance just, but of still higher inte1·est is the fact that the enactment of by political bosses or corporate interests, and the people at large this measure will legally reaffirm that great principle on which are without actual representation. our Republic was fouhded,·that the people are ~he sovereign pow~ TRUST 'l'H.E PEOPLE. and the true source of government. Hence, Sll', I trust ~at this , I said, Mr. Spe*er, that, in the light of our national experience, measur~ shall be but the ~anguard of others to follow which~ no·shadow of a v8.lid reason can now be given why the people of restore m fact, as well as m name, "a government of, by, and for this country should not by direct vote elect their Senators as well the people~" as their governois of States and Representatives in Congress. TH.E FUTURE H.IGH DESTINY oF oUR REPUBLic. I will, however, allude to one argument brought forward by the Sir, I believe the enactment of this measure will so enlarge op- junior Senator of my State., when, as a candidate for ~his office, portunities and awaken the enthusiasm of the American people addressing the students of the college in the city where we both that no supernatural vision will be needed to see with prophetic reside (Kalamazoo), he said, as reported in the official organ of eye the exalted place which our R-epublic will occupy amon~ the his party: nations of the earth. And as Greece was the mother of philo~ I once thought I was in favor of the election of United States Senators by phy, literature, and art, and the early cradle of patriotism .and =%~~!~~eople, but I could not vote for it now, because the people valor, and as the great commonwealth of the Roman Republic How much greater the faith of Jefferson and Lincoln. Jeffer sought to emulate all the achievements of the Greeks, and added son said: a system of jurisprudence upon which the codes of moder~ na- 1 am not of those who are afraid to trust the people. tions are still founded, it has been reserved for our Republic to Lincoln said: blend the virtues of all preceding nations in one, and.J " like tha Why should there not be a patient confidence in the ultimate justice of masterpiece of the Greek artist, to exhi~it in a single work. the the people? Is there a.ny better or equal hope in the world Y beauties of every master and the perfection of every model." This country, with its institutions, belongs to the people who inhabit it. The great author of the Declaration of Independence himself, Wheneve? they shall grow weary of the existing GOvernment1 they can .e.xer supported by the c.onscience and judgment of the nobl~t patriots ~m=~cg~~fhl.~if~ht of amending or their revolutionary rightt

tnist, and like scenes in connection with the lumber schedules in Congress would be approved by the people if they knew of the the Dingley law, when a Senator's committee room was turned influences by which they were passed? Sir, I believe there would over to the combine of millionaire timber thieves and log rollers be but few. There is not a member of this House who does not in their conspiracy against the home builders-all these frauds know that many of our laws for tariffs, appropriations, revenues, upon the public demand either a radical reform in the manner of bonds, and railroad franchises are passed with corrupt influences. the election of Senators or else the abolishment of that branch of DffiECT LEGISLATION AND ITS SPLENDID ACHIEVEMENTS IN THE SWISS the Government. REPUBLIC. THE SENATE A RELIC OF BARBARISM. "Direct legislation" is, in the fullest sense, "a government of, The barbarisms of antiquity still hover around this body. In by, and for the people." It extends the principles of -a pure de. the Roman Empire the chief requirement for a senator, next to mocracyto the highest possible limit in government, limited only Roman citizenship, was the possession of a specified amount of by the will of the people. It usuaJly includes the following: wealth. England, evolving from the cha-es of the dark ages, made "The initiative.-The proposal of a law by a percentage of the the possession of a certain a!l}ount of English land the chief re voters. quirement to a seat in her House of Lords, which is still in force. · "The referendum.-The vote at the polls on a law proposed The great commoner, Gladstone, witnessing the evil effects of this through the initiative, or, if petitioned for by a percentage of the system, publicly declared that unle8s the policy of the House of voters, on any law passed by a legislative body. Lords should change, the interests of the nation would demandits ''Proportional representation.-A plan of nominating and elect overthrow. In our Republic the same barbarism exists, but in ing legislators and executives which shaJl voice the exact choice another f01·m. · of the voters in proportion to their numerical strength. It is not required by the Constitution that a Senator shall him "The imperative mandate.-The right to vote out of office self be the actual possessor of wealth, but under the present sys through the initiative and referendum any official who fails to tem they are often chosen by vast combinations of wealth, whose perform his duty." 8pecial agents they become; and our system admits of more dan The "initiative" is effected by a petition of a specified propor· gers than that of Rome or England, because the aggregate com tion of the electors (usually from 5 to 10 per cent), by which the binations of wealth which center in a single Senator are much lawmaking body is compelled to formula.te, discuss, and vote greater, and, owing their election to these vast combinations they upon the measure named. must surrender their personal convictions to the dictates of their If defeated, the people can have it referred directly to them for masters. a popular vote. This is the "referendum." Or, if passed, they THE SOVEREIGNTY OF THE PEOPLE THE GREAT lBSUE-TBJS SHOULD BE can upon petition demand a "referendum" to them for appeal or MAINTAINED BY THE SYSTEM OF "DIRECT LEGISLATION." affirmation. - I said, Mr. Speaker, that the highest interest which attaches to If desired, the "initiative" petition may require the "referen this bill is the recognition of the great principle of the sovereignty dum " to the people directly, Without further special petition. It of the people. This bill, if passed, will, I trust, be also a promise is usual, however, for the legislative body to first vote upon the of many co_ordinate reforms for restoring the sovereignty of the measure, and, if carried, a reasonable time is allowed t-e test the people in all departments of government under that system of merits of the law. pure democracy popularly known as ''direct legislation." In a recent address issued by the Direct Legislation League No.1, of Philadelphia, Pa., occurs the following: THE SAFEGUARDS OF TRUE DEMOCRACY. "But some may claim that it would be impossible for such a Although the recognition of the principle that ''all governments system to be put in successful practice in this country, for the rea derive their just powers from the consent of the governed" dates son that the American people are too busy to be continually sign· from the most ancient democracy and was defended by the ablest in~ 'initiatives,' 'referendums,' or 'impexative mandates.' But philosophers, yet, like the arts and sciences, it was buried for cen is 1t true that we would neglect these duties? Are not our people turies by the despotism, intrigues, and ignorance of the .Middle generally awakening to the fact that the present frightful eco Ages. It has, however, made gigantic strides during the past fifty nomic conditions are due entirely to legislation passed either in years in various countries, notably among which are the Swiss ignorance or by bribery; that the poor are growing poorer and the Republic, and Australia, the latter the birthplace of our improved rich richer; that the great middle class is being gradually wiped ballot system. To illustrate the modes by which direct legislation out as the result of written laws enacted in defiance of natural is conducted in Switzerland, I shall submit as a supplement to my laws?" remarks a brief report of a recent and most important referendum Bnt the practical working of dh·ect legislation in Switzerland recently submitted and carried. · - has shown that the voters have none of the trouble which, at first This is the purchase by the Swiss Republic on February 20 of thought, would seem to be necessary. The first result of the sys the present year, at a cost of 1,200,000,000 francs, of all the railway tem was the total abolishment of the lobby, ''the third house." lines of the country. During this contest the railroad companies The bribers gone, the professional politician soon became unknown used superhuman efforts to influence public opinion against the as such, and then in turn political parties were dissolved, and measure, disfiguring nature's sublime monuments with cartoons, now partisanship never warps the judgment of the voter. .And, one of which represented a Swiss shepherd bowed to the earth by lastly, instead of office holding being disgraceful, upright citizens an enormous cheese on his back, labeled "1.200,000,000 francs!" now strive for office because of the honor attached. Thus good They used the same arguments which the railroads and tele legislation at once resulted, and very seldom do the voters make graphs of our own country use-the "dangers to national purity use of their prerogatives, and then only to settle matters of minor altending an increase in Government employees;'' "the inability importance involving merely differences of opinion. To-day of a government to successfully manage great business interests,'' Switzerland is a model republic. etc. Yet, not\Vithstandingthe immense sums of money expended To our citizens who are acquainted with the inner secrets of by the railroad companies to defeat the measure, notwithstanding political deals, and who therefore never vote, direct legislation the fact that their railroads are built over and through great appeals at once, and every one who loves his country needs only mountains, with tunnels over 8 miles in length, the most gigantic to stildy the system to become its advocate. The spread of the and expensive engineering feats in the world, national ownership movement in the United States has been phenomenal Scattered won by an overwhelming majority, the vote being 384,148 "Yes" aJl over our land are hundreds of nonpartisan "direct legislation against 177,130 ''No." leagues," and lately the State of Nebraska has adopted the system. If we enjoyed national ownership of railroads and telegraphs in John A. Wayland says: this country, the wholesale bribery of public officers-legislative, ''It will simplify laws and government. It will kiU monopoly. executive, and judicial-by free "passes,"telegraph "franks,"and It will purify the ballot and supplant violence. It will broaden ''retainers" would not exist, and the railroads could not, in conspir manhood. It will prevent revolution and accelerate progress. It acy with the money power, force the contemplated gigantic issue will banish sectionalism and party bondage. It will abolish spe of interest-bearing bonds, by plundering the public Treasury of cial privileges and plutocratic dictation. It will reduce taxation the funds which the patriotism of the people is so freely furnish to necessity and prevent the bribery of lawmakers. It will aid ing to carry on the war. honest representatives in serving the people. It will give us a government of the people, by the people, and for the people on WHY T HE P UBLIC THINK WE HAVE "TOO MUCH LEGISLATION." the foundation of equal and exact justice to all." From our childhood we have become accustomed to hear it said For the purpose of supporting the spirit of this bill, with other that "we have too much legislation." I wondered when a boy if salutary provisions, I have prepru.'ed the following, which I shall this could be true, and I have learned that the people judge rightly. introduce for the consideration of Congress: Why? Because most of our laws are dictated by selfish interests for burdening the people, granting to corporations gifts of the A bill to purify the public service, and to prevent unjust discrim.. public doqtain, franchise rights of infinite value, and the monopoly inations by corporations against cjtizens of the United States. of those great gifts which God and nature intended as the heritage Be it enacted by the Senate and House of Representatives of the of all mankind. United Ptates of America in Oong1·ess assembled, That it shall be How many, Mr. Speaker, of the measures which are passed by unlawful from and after the passage of this act for any railroad, 4822 CONGRESSIONAL RECORD-HOUSE. MAY 11,

express, steamship, telegraph, or telephone company, or any cor who are at the time holding office, shall also make like declaration poration, association, or individual engaged in the business of a under oath before such officer as would be qualified to administer common carrier or in the transmission of intelligence, or for any the oath of their respective offices; and the terms of office of such national bank or any other corporation, association, or person as are directors in any of the corporatiollB mentioned shall there whose interests may be affected by legislation, judicial proceed upon be vacated, so far as may be done without violating the ings, or Government contra

in and in 1872 took back power into its own hands by the Federal 4. Final~y, the freedom from foreign influence which may creep la~ of 1872, which remains in force to the present day. By this in with foreign shareholders, and the entire distinctness of the act it provided for the enforcement of any breach of contract railroad funds from those of the state, so that they may be de aO'ainet the companies for the regular administration of postal, voted to improvement of the service. t~'Iegraph, and military communication and for the exerc~~ of its STATE MANAGEME YT. authority in various other directions. The Federal Council (who The financial basis of the arrangement had been settled in the correspond to a certain extent to our Cabinet) in their report former charters given to the companies as amended in 1883; the at the time remained faithful to their old ambition for State con sum to be paid by the state is to be twenty-five times the average trol. which they had cherished from the beginning, and declared profits for the past ten years. The boards which shall have the that if thecompaniesfailed to give satisfaction thenextlawshould management of the business under the state are to be constituted provide for their supersession by the_ State: Since tJ;ten many sub with a view both to continuity of action and also ample represen sidiary laws have been passed dealmg With the ra1lroad compa tation both of federal and cantonal interests. It is only the six nies, such, for instance, as that of 1890, li;miting the hours of work largest companies which are to be taken 9ver at first; the smaller of their employees. ones can be safely left to local management for the present. FIRST ATT~ liPT.S AT NATIONALIZATION. The plan thus carefully drawn up and explained by the Federal Meanwhile the companies themselves had been gradually open Council was under discussion in the chambers for several months ing up the country amid all the ups and dovrns of forttme of last year. On Octot er 15 it was finally accepted by them, and which the State had fought shy. By the end of 1894 they had al then followed the final agitation to bring the merits of the scheme together lines to the extent of 3,544 kilometers, a. capital of 1,182,- before the people at large, which, as we know, has just now come 258,354 francs, and had suffered losses amounting to 94,941,532 to an overwhelmingly successful issue. We shall all watch with francs. Many of the companies which started independently had interest the further working of this measure which has been so amalgamated, while small local lines, such as those objectionable long fought over, so often delayed, and which is of importance funiculars up the mountain sides, remain unabsorbed. Great en not only to the country which has adopted it, but to others to gineering feats had been accomplished, which were the wonder of whom its success or failure will be a practical object lesson. the whole world, but they had entailed, as was foreseen. great NOTE ON SWISS RAILWAY REFERENDUM IN THE DIRECT LEGISLA .tisks, and the suffering and loss caused by failures and panics had TION RECORD. been more severe in the case of private companies than they wduld have been if borne by the State. The extreme anxiety to make Abstract of the federal law for the acquisition and management money had also blinded the companies to the interests of the people of railways by the Confederation, etc. and had caused unnecessary waste and inconvenience. These Article 1. The Confederation acquires and manages on its own things were noted by the watchful Federal Council! and in 1883 account, under the name of "federal railways," all Swiss rail they tried to make use of the power which fell to them in that ways which are of great strategical or economic importance and year to give notice that in 1888 the companies would be bought up whose acquisition will not cause too great expense. When it ac by the State. But the financial basis of this arrangement was quires, it may leave secondary lines in the hands of existing com found to be unsound; the twenty-five years' purchase which the panies, and it may acquire accessory enterprises, such as steam State was bound to pay amounted in the case of each company, boat lines. except one, to more than its first value; and it was therefore de 2. The acquisition shall take place by means of redemption (pur cided that instead of taking over the property of the companies chase), according to federal legislation and the railway charters. a law should be passed forcing them to keep their accounts in such a (A list of roads is given which are to be immediately purchased.) way as to form a fair basis for future purchase. Not discouraged 'the Federal Council is also authorized to purchase said roads at by this failure, the Federal Council in 1887 put forward another private sale. attempt. It proposed to take over the lines of the Northeastern 3, 4-6. Minor regulations. Company by friendly agreement, but received such cold support 7. Funds for the purchase, construction, and operation of rail from the Chambers that it was obliged to break off negotiations. ways to be raised by issuing bonds, not to run over sixty years, In 1890 the Federal Assembly took a step in advance by using or in any other convenient way, to be ratified by the Federal powers which the Federal Council had legalized in 1857, and buy Assembly. ing up so many shares in the Jura-Simplon Railway that they be 8. Regulations for keeping accounts of roads. came entitled to a considerable voice in its management. At the 9-11. Effect ·onoutsta~dingobligationsof companies. Taxation same time they paved the way for the great move which they of roads cea-ses. have now taken, and which has now been ratified by the people, 12. Department of railways created. for they made stipulations that the Confederation should have 13. Details of organiz~tion. · the right to buy up all the lines in May, 1903. This opportunity 14--39. Continuation of the same. the Federal Council was determined not to let slip. Five years' 40-41. Only Swiss to be employed on the roads. Employed notice was required for the purchase, and this accordingly falls only for term of three years, like ether public servants. due in the spring of this year in the case of five of the large com- 42-47. Details of employment, pensions, and insurance for sick ness. 1 panies, the St. Gothard being purchasable two years later. Mean while they made, as we have already seen, still another attempt 48-50. Special and local provisions. . Decreed by the National Council October 15, 1897. Decreed by 1891, thE~y in when proposed to buy up the Central Railway Com the Council of State October 15,1897. Referendum demanded by pany, and were defeated at the referendum. 85,000 voters. Accepted Stmday, February 20, by a popular- vote THE COUNCIL'S ARGUMENT. of 384,146 in favor to 177,130 against. On March 25 of last year the Federal Council sent a "message" This was followed by the adoption of a bill in the National to the Federal Assembly laying before them the proposed law Council providing for State purcha-se at a figure approximating .which, with a few alterations, was circulated among the people twenty-five times the average net earnings of the roads during before the vote, with details as to its financial issues, etc., and the past decade. In other words, the Government assumes that giving the history of the development of railroads in Switzerland the value of the roads is the sum upon which they have been .and of former attempts at nationalization. They also devote a yielding 4 per cent interest to their owners. consid~rable space to arguments in favor of State control, among There will be no such scandals as occurred when the English which we see all those which are so often urged among us, but Q-overnment bought out the telegraph companies, paying for some with far less persistency and publicity. First and foremost they of them double their market value a few months before the pur put the argument that, while a private company acts primarily in chase was formally proposed. In Switzerland such plundering of the interests of its shareholders, the State's first object is the con the public is, of course, impossible! as the terms of the purchase venience of the public. They lay down most stringently that, will have to be submitted to popular approval, and the general after paying the interest on the capital borrowed for the purchase, public in Switzerland has no disposition to enrich the security all profits shall go, not into the State funds, but into the improve owners at its own expense. Representatives may thus sacrifice ment of the service, by increasing its efficiency and lowering the the public, but the public will not thus sacrifice itself. fares. They then show very clearly and practically the advantages The aggregate sum named for the purchase is $186,000,000. This to be gained by- will increase the public debt (now 515,000,000) from $5 per capita 1. Unity of administration, involving saving of labor, simplifi to $67; but, inasmuch as the public is now paying 4 per cent inter cation of bookkeeping, less expense in providing railroad plant, est on the railway securities, and hereafter will have to pay only greater security of traffic. They lay down the principle of a "liv 3i per cent on its own' bonds covering them, there is a prospective ing wage" for their employees, and promise to c.arry out more decrease in the public bm·dens. Doubtless the present financial fully than the companies have done the provisions as to limitation success of the Prussian state railway system has much to do with of hours and the arrangements for pensions and sick benefit the strength of the movement for public ownership, but a still which already exist. stronger impulse was the desire for uniformity of tariffs through 2. The cheapening of transit, both for passengers and goods. out the country, without discriminations between places or per 3. The establishing of a sinking fund for the redemption of the. sons, and the cheapening of transportation for workingmen and original capital. persons of moderate means. These, as Herr von der Leyen says, 4824 CONGRESSIONAL RECORD-HOUSE. M.A_y 11, were the "first beneficial effects" of state ownership in Prussia, The question being taken on ordering the previous question, it and they will doubtless be the first beneficial effects of the same wa-s agreed to; there being on a division (called for by Mr. SHA.F system in Switzerland. ROTH)-ayes 70, noes 61. _ The question being taken on the amendment of Mr. UNDER· The following is the constitution of The Direct Legislation wooD, it was agreed to. League, No.1, of Philadelphia: The joint resolution as amended was ordered to be engrossed "ARTICLE I. and read a third time; and it was accordingly read the third time. The SPEAKER. The question is now on the passage of ths "The name of this organization shall be The Direct Legislation joint resolution. League, No. . 1, of Philadelphia, State of Pennsylvania. Mr. TODD. For the purpose of securing an opportunity to offer ''ARTICLE II. my amendment, .I move that the bill be recommitt~ with in· "The object of this league shall be the adoption of direct legis stl'Uctions to insert the amendment which I send to the desk. lation through the initiative and referendum in local, State, and Mr. DINGLEY. As the Constitution requires a two-thirds national affairs; ala() proportional representation and the impera voteon a proposition to amend the Constitution, I submit that on, tive mandate. the passage of this joint resolution the yeas and nays must be ..: :.. taken. * * * * * * The SPEAKER. . The present question is on a motion to recom· '•ARTICLE IV. mit. The Chair will hear the gentleman from Maine [Mr. DINQ4 . "There shall be no admission fee, dues, or asses~ments, the ex LEY] later on the point he suggests. The gentleman from Michi penses to be defrayed by voluntary contributions. gan [Mr. TODD) moves to recommit the joint resolution with "ARTICLE V. instrnctions to msert the amendment which the Clerk will read. ''There shall be a president, vice-president, secretary, and treas The Clerk read as follows: urer, to be elected annually, and, as far as possible, these officers Strike out after "vote," fuline 15 page 2, all to and including "people," in line 21, and insert: "United States Senators shall be elected in the several shall belong to different political parties. Any office in this States at large by direct vote of the people." league may be declared vacant at any time by a majority vote of the membership and a new election held. One person may act Mr. UNDERWOOD. I call the attention of the gentleman from as Mic}ligan [Mr. TODD] to the fact that my amendment, already secretary and treasurer. adopted, provides for a direct vote by the people, and therefore "ARTICLE VI. covers the same ground as the amendment of the gentleman from '• This constitution may be amended at any meeting by a major Michigan. · ity of the members present, provided a week's notice has been Mr. TODD. If the substance of this amendment has already given of the proposed amendment. been embodied in the joint resolution, I will not insist on my "ARTICLE VII. proposition. "This league shall not take action on any other issue than the The SPEAKER. Does the gentleman withdraw his motion? expre&ed object named in this constitution." Mr. TODD. Yes, sir. Mr. RIDGELY. Mr. Speaker, since the gentleman has with· drawn his motion to recommit, I move to recommit with the NOTE. instructions I send to the desk. Persons interested in the subject of direct legislation should The SPEAKER. The Clerk will report the instructions pro. adch'ess the Direct Legislation Record, Newark, N.J. (the offi posed by the gentleman from Kansas. cial organ of the National Direct Legislation League), or Mr. The Clerk read as follows: Eltweed Pomeroy, president of the league, at same place. After the last line, add the following: I also give notice, Mr. Speaker, that at the proper time I shall "That the following article be proposed to the legislatures of the several States as an amendment to take the place of section 9 of Article I of the Con· move an amendment to the bill which is under consideration by stitntion of the United States, which, when ratifted by the legislatures of which, inst.ead of being optional with the States, it shall be manda-. three-fourths of the States, shall stand in lieu of said original section and tory upon them to elect Senators by direct vote of the people. become a part of said Constitution: "'Section 9 of Articla! of the Constitution of the United States of America, I trust, Mr. Speaker, that this measure, followed by others of amended as proposed by Congress and ratified by the le_gislatures of the like patriotic spirit, may soon be the law of the land. Then will several States, pursuant to the fifth article of the original Constitution. the objects for which our Constitution was written be achieved: "'SEC. 9. The privilege of the writ of ha.bea.s corpus shall not be sus· pended unless when in cases of rebellion or invasion the public safety may •• To form a more perfect union, to establish justice, insure do require it.' " mestic tranquillity, provide for the common defense, promote the · Mr. STEELE. Mr. Speaker, I wish to make a parliamentary general welfare, and secure the blessings of liberty to ourselves inquiry. and our posterity.:• The SPEAKER. The gentleman will state it. [ ~1r. COCHRAN of Missouri addressed the House. See Ap- Mr. STEELE. I desire to know if the previous question has pendix.] - - not been ordered on the bill and amendments? Mr. SIMPSON. But this is a motion to recommit. [Mr. S~IITH of Arizona addressed the House. See Appendix.] The SPEAKER. This is to recommit with instructions. The Mr. RIDGELY. Mr. Speaker, I have an amendment which I Clerk will proceed with the reading. wish to offer at the proper time; but in view of the fact that the Mr. QUIGG. Before that, Mr. Speaker, I ask if the instruc· time set for the calling of the previous question and the final vote tions which have been read so far are in order? Would they have is so near at hand, I will ask leave to print in the RECORD my I'e been in order as an amendment to the proposed article? marks tearing on the amendment which I shall offer when too Mr. RIDGELY. This is not an amendment. late to make remarks. Mr. ARNOLD. It is not pe~tinent. The SPEAKER pro tempore (Mr. STEELE). If there be no Mr. QIDGG. I make the point of order that this proposition, objection, the gentleman from Kansas will have leave to print so far as it has been read, is not in order as an amendment to the remarks in the RECORD. bill. There was no objection. Mr. RIDGELY. Mr. Speaker, I a.sk the Clerk to proceed with Mr. UNDERWOOD. Mr. Speaker, there seems to be no desire the reading, and then the Chair can rnle upon the matter. to debate this question further, and if it be agreeable to the gen The SPEAKER. The full instructions will be read first. tleman from Michigan [Mr. CoRLISSl , I suggest that he now call The Clerk proceeded to read as follows: the previous question and that we ta\e a vote on my amendment. No bill of attainder or ex post facto law shall be passed. Mr. MAHON. I had proposed to occupy some little time on this Congre_ss may impose taxes on incomes, inheritances, corporations, cor porate stocks and obligations, and estate.s of liv:ing per sons, in excess of such subject; but if there is a disposition to vote now, I will not de- exemptions as it shall deem reasonable, and may graduate the rate of taxa· tain the House. · tion and impose higher rates per cent on large incomes, inheritances, and Mr. CORLISS. I call for the previous question on the amend estates than on smaller ones. ment and on the joint resolution to its passage. Mr. STEELE (interrnpting the reading). I make the point of Mr. SHAFROTH. Will that exclude the offering of other order, Mr. Speaker, that this evidently is not in order. amendments? The SPEAKER. The Chair thinks the point of order well taken. The SPEAKER. It will. The question is on the passage of the bill. Mr. SHAFROTH. I desire to offer an amendment. The SPEAKER proceeded to submit the question. Mr. TODD. I have also an amendment. Mr. POWERS. I submit, Mr. Speaker, that an amendment to The SPEAKER. The previous question being moved, the Chair the Constitution requires a vote by yeas and nays. will have to put the question on ordering it. The SPEAKER. On what authority does the gentleman base lli. SHAFROTH. It was understood that the vote would not that proposition? be taken until half past 4 o'clock. There is one amendment now Mr. POWERS. I wm state to the Chair-- pending, and my amendment would not be relevant until that is Mr. MERCER. Mr. Speaker, in order to avoid any confusion, I disposed of. call for the yeas and nays. Why should we not have them? 1898. OONGRESSIONAL REOORD-HOUSE. 4825

The yeas and nays were ordered. I am paired on this vote with the gentleman from Massachusetts, The question was taken; and there were-yeas 185, nays 11,. Mr. McCALL. If he were present, I should vote" aye." answered "present" 10, not voting 149; as follows: Mr. GRIGGS. Mr. Speaker, I am paired on this vote with the gentleman from New York, Mr. FoOTE, but not knowing how he YEAS-185. would vote, I prefer to withdraw mine, having voted "aye." Acheson Cousins, Jo~ Powers, Mr. ADAMSON. Mr. Speaker, I desire to ask if the gentleman Aldric~ Cowherd, Ke ey, Pugh, Alexan er, Cox, Kirkpatrick. Rhea, from Pennsylvania, Mr. W .ANGER, answered on this vote? I am Allen, Crump. Kit-chin, Richardson, paired with him. If he were present, I should vote "aye/' I Arnold, Cnmmings, Kleberg, Ridgely, have voted, but as I do not know how he would vote, I prefer to Bailey, Curtis, Iowa Knowles, Rixey, Baker, ill. Cnrtisrl, Kans. Laceh, Robb, withdraw mine. Baker, Md. Da.lze . Lam' Robinson, Ind. Mr. BARTLETT. Mr. Speaker, I voted "aye." I see that the Ball, Danford, Landis, Royse, gentleman from Ohio, Mr. TAYLER, has not voted. I am paired Barber, Davenport, Latimer, Salters, Barham, Davidson, Wis. Lawrence, Se le, with him, and though I am under the impression that he would Barlow, Dayton, Lentz, Shafroth, vote as I do, I prefer to withdraw mine, not being positive as to Barney, De Graffenreid. Lewis, Wash. Showalter, his wishes in the matter. Bartholdt, De Vries, Linney, 'Simpson, Beach, Dingley, Little, Slaldelfu. Mr. TODD. I am paired with the gentleman from Michigan, Belknap, Dinsmore, L'~ Snnth, Mr. SHELDEN. If he were present, I would vote" aye." Bell, Dockery, Uoy, n, Southard, Mr. MANN. Mr. Speaker, I am paired with mycolleague, Mr. Eddy, Loudenslager, St:ding, BinBe~, am, Ellis, Love, s k, JETT, who, if present, would vote "aye;" and hence I have voted Bishop, Fenton, McCleary, Steele, "aye" on this question. Bland, Fischer, McCnlloch, Stephens, Tex. The Clerk announced the following pairs: Botkin, Fitzgerald, McEwan, Stevens, .Minn. Boutelle, Me. Fleming, McRae, Stewart, N. J. Until further notice: Bradley, Fletcher, Maddox, Stokes, Mr. HENDERSON with Mr. McJlliLLIN. Brenner, Ohio Ji'oss, Mahon, Stone, C. W. Mr. WM. ALDEN S::IIITH with Mr. STROWD of North Carolina. Broderick, Fowler, N.J. Mann, Strode, Nebr Bromwell, Fox., Marsh, Sullivan, Mr. VAN VooRHIS with Mr. McDoWELL. Brown Gardner, Maxwell, Sutherland, Mr. DoVENER with Mr. SPARKMAN. Bro;.clow, Gibson, Meekison, Talbert, Mr. MILLS with Mr. McCoRMICK. Brucker, Graff, Mercer, Terry, Mr. TAW!\'"EY with Mr. SIMS. Brumm, Greene, Meyer, La. Thorp, Brundidge, Griffin, Miers, Ind. Tongue, Mr. HicKS with Mr. BANKHEAD. Burke, Grout, Minor, Underwood, Mr. BENNETT with Mr. GAINES. Burton, Grow, Morris, Upde~afi, Mr. SOUTHWICK with Mr. STRAIT. Butler, Gnnn, Mudd, Vandiver. Capron, Hager. Northwayb. Vehslage, Mr. STURTEVANT with Mr. SLAYDEN. CaStle, Ha:inilton, Norton, 0 io Vincent, Mr. CHICKERING with Mr. DE ARMOND. Catchings, Hartman, Norton, B. a Wadsworth, Mr. ROBBINS with Mr. MOON. Clardy, Hay, O~n, Warner, Clarke, N. H. Heatwole, 0 ted, Weymouth, Mr. BELDEN with Mr. SULZER. ~n, Henry, Miss. Osborne, Wheeler,~ Mr. BuLL with Mr. B&..~NER of Pennsylvania. C an,Mo. Henry, Tex. Otey, Williams, · Mr. CopDING with Mr. JoNES of Virginia. Connolly, Hilborn, Otjen, Wilson, Cooney, Hooker, Parker, N. J, Zenor. Mr. SHATTUC with Mr. DAVEY. Cooper, Tex. Howe, Perkins, ·Mr. CoLSON with Mr. SMITH of Kentuckv. Coorsr, Wis. Howell. Peters, Mr. CoCHR~~ of New York with Mr. BoDINE. Cor ·ss, Jones, Wash. Pitney, Mr. WARD with Mr. BERRY. NAYS-ll Mr. W .ANGER with Mr. ADAMSON, Adams, Hill, Lovering, Russell, Mr. JOHNSON of ~orth Dakota with Mr. SWANSON. Boutell, m Hurley, Low, Sperry. Mr. MITCHELL with Mr. MAGUIRE. Henry, Conn. Lester, Odell, Mr. HEPBURN with Mr. CARMACK. ANSWERED "PRESENT"-10. Mr. WILLIAM A. STONE with Mr. McCLELLAN, Bankhead. Evans, Handy, Todd. Mr. FOOTE with Mr. GRIGGS. Bartlett, Griffith, Hepburn, Mr. SA.UERHERING with Mr. McALEER. Codding, Griggs, Lanham, Mr. HENRY of Indiana with Mr. GRIFFITH. NOT VOTING-149. Mr. BROSIUS with Mr. ~TROUT. Adamson, Elliott. McAleer, Rkinner, Mr. MANN with Mr. JETT. Babcock, Ermentrout, McCall, Sm.ith,Ky:. Baird, Faris, McClellan, Smith, 8. W. Mr. HOPKINS with Mr. TATE, Barrett, Fitzpatrick, McCormick. Smith, Wm.Alden Mr. SHELDEN with Mr. TODD. Barrows, Foote, McDonald, Snover, Mr. BARRETT with Mr. MARSHALL. • 'Belden, Fowler, N.C. McDowell, Southwick. Belford, Gaines Mcintire, Sparkman, Mr. MAlu.NY with Mr. BAIRD. Benner,Pa. Gillet, N. Y. McMillin, Spra~e, Mr. WHITE of illinois with Mr. CAMPBELL. Bennett, Gillett, Mass. =e, Stallm~ Mr. LYBRAND with Mr. LENTz. Benton, Grosvenor, any, Stewart, is.· Bodine, Harme.r, Marsb.all, Stone, W. A. Mr. PRINCE with Mr. HINRICHSEN. Booze, Hawley, Martin, Strait, Mr. FARIS with Mr. CLARK of Missouri. Brantley, Hemenway, Mesick, Strowd,N.a Mr. TAYLER of Ohio with M.r. BARTLETT. Brewer, Henderso~ Miller, Sturtevant, Brewster, Henry, In 1\Iills, Snlloway, For this day: · Brosius, Hicks, Mitchell, Sulzer, Mr. JoHNSON of Indiana with Mr. PIERCE of Tennessee. Broussard, Hinrichsen, Moody, Swanson, Mr. SAMUEL W. SIDTH with Mr. DAVIS. Bull, . Hitt, Moon, Tate, Burleigh,, Hopkins, New lands Tawney, Mr. DAVENPORT with Mr. FITZPATRICK. Campbell, Howard, Ala. Overstreet, Tayler, Ohio Mr. BURLEIGH with Mr. DRIGGS. Cannon, Howard, Ga. Packer, Pa. Taylor, Ala. Mr. YOUNG with Mr. B~TON. Carmack, Hull Payne, Van Voorhis, Chickering, Hunter, Pearce, Mo. Walker, Mass. Mr. McCALL with Mr. LANHAM. Clark, Iowa Jenkins, Pearson, Walker, Va. Mr. LINNEY with Mr. JENKINs. Clark, Mo. Jett, Pierce, Tenn. Wanr.r, Mr. MESICK with Mr. LEWIS of Georgia. Cochrane, N. Y. Johnson, Ind. Prince, War, Colson, Johnson, N. Dak. Quigg, Weaver, Mr. SPRAGUE with Mr. FITZGERALD. Connell, Jones, Va. Ray, Wheele&Ala. Mr. HARMER with Mr. HowARD of Georgia. Cranford, Kerr, Reeves, White, Mr. SHERMAN with Mr. CRANFORD. N'. Crumpacker, Ketcham, Robbins, White, c. Mr~ JOY with Mr. KING. Davey, King, Robertson, La. Wilber, Davis, Knox, Sauerhering, Williams, Pa. Mr. REEVES with Mr. BRANTLEY. Davison, Kl.. Knlp, Shannon, Wise, Mr. KETCHAM with Mr. ROBERTSON of Louisiana. DeArmon, Lewis, Ga. Shattuc, Yost, On this question: Dolliver, Littauer, Shelden, Young. Dorr, Lorimer, Sherman, 1\fr, GROSVENOR with Mr. EvANS, Dovener, Loud, Shuford, Mr. SWANSON. Mr. Speaker, I am paired with Mr. JoHNSO!i Driggs, Lybrand, Sims, of North Dakota. I do not know how he would vote, but if he So (two-thirds having voted in favor thereof) the joint resolu- were present, I would vote" aye." tion was adopted. Mr. BANKHEAD. I am paired with the gentleman from Penn Mr. LANHAM. Mr. Speaker, I aBk that the gentleman from sylvania, Mr. HICKS. I withdraw my vote. If he were present, I Florida, Mr. DA. VIS, be excused on account of sickness. would vote "aye." The SPEAKER. Without objection, the gentleman will be e.x- Mr. HEPBURN. I learn that I am paired with the gentleman cused. from Tennessee, Mr. CARMACK. I supposed that that pair was There was no objection. for last week, but I withdraw my vote. If he were p1·esent, I Mr. LANHAM. And further, Mr. Speaker, I desire to state that should vote "aye." ...

4826 CONGRESSIONAL . RECORD-HOUSE. MAY 11,

. Mr. HILL. Mr. Speaker, I make the pointoforderthattopass The reasoning here is even stronger than it is in the other case. this proposition it requires two-thirds of the membership of both In that case the Constitution requires the vote to be taken by yeas Houses, not two-thirds of the members present, under the lan and nays. In this instance there is no such requirement; but if guage of the Constitution. While I suppose it has been ruled on upon a vote in the House nobody demanded a division, and in the heretofore, I should like to call the attention of the Chair to the judgment of the Chair two-thirds had voted in favor thereof, the language of the Constitution and to the somewhat anomalous po Chair might so declare, just as the Chair does in passing bills un sition in which we will be put if this proposition is declared car der a suspension of the rules; or, if some gentleman demanded a ried by less than two-thirds of the members of both Houses. division, the members rose and were counted, and two-thirds, by The SPEAKER. Has the gentleman any authority for his con the Speaker's count, voted in the affirmative, that would pass a tention? constitutional amendment. If there can be any difference be Mr. HILL. I have simply the Constitution of the United tween the adoption of a resolution amending the Constitution and States. With the permission of the Chair I should like to read it: passing a bill over the President's veto, the case is stronger in the The Congress, whenever two-thirds of both Houses shall deem it neces· case of the President's veto. f;ary, shall propose amendments to this Constitution, or on the application of The first decision was on the passage of a river and harbor bill the le~islatures of two-thirds of the several States, shall call a con>ention for over the veto of President Pierce. The gentlemen who contended proposing amendments. for the view that two-thirds of a quorum only were necessary Now, I wish to call attention to the fact that if two-thirds of a were led by Senator Benjamin, of Louisiana. So far as I am con quorum of the Honse can take this action, it puts us in the some cerned, I have never been fully satisfied with the reasoning of what singular position that whereas under the Constitution, as I that debate. I believe if it were a new question it would require read it casually, 214 members would be required, under the pres two-thirds of the entire membership, because in other cases where ent aspect of the case, if my contention is overruled, 120 mem two-thirds is required the Constitution adds "of those present." bers, barely six or seven States in the Union, can pass a resolution In the case of an impeachment a civil officer can not be convicted which, if the action was taken directly by the States, would except by a vote of "two-thirds of those present." In the case of unquestionably require two-thirds of the States; and it hat'dly the ratification of a treaty the Constitution makes it valid bv the seems to me that it was intended that the language should be so votes of "two-thirds of those present." · construed. I submit the point of order so that there may be a The fact that the Constitution uses the words "of those pres ruling upon it. . ent " in some instances and does not use them in other instances Mr. GROW. It is two-thirds of the Honse, and the House is a would seem to indicate that its framers wished to apply a dif majority of the members chosen. That makes a Honse of Repre- ferent rule. But it would be exceedingly unfortunate to have a . sentatives. Two-thirds of the Honse, then, is two-thirds of that different construction of the Constitution upon provisions so nu,mber, and there is nothing in the Constitution which requires nearly alike, and exceedingly unfortunate to have one rule of con it to be done by a greater number. The Honse is a majority of struction prevail in the Senate and another prevail in the House. the House-elect. It does not say ''two-thirds of all the members." After that construction had been adopted and a Senate bill came That language is not used anywhere in the Constitution. to this House and is passed by a vote of two-thirds of those pres Mr. HILL. I submit that for the transaction of its own busi ent and became a law without any further question. And if it ness two-thirds of the House means two-thirds of a quorum, but be true that under that provision by a two-thn·ds vote we can pass for an amendment to the Constitution a two-thirds vote of the a .bill over the President's veto, then two-thirds can adopt a reso entire membership is required, and for the election of a President lution amending the Constitution. the rule distinctly provides that two-thirds of all the States shall Mr. HILL. T.he difference between the two cases is plain. constitute a quorum, and I submit that there is a mar.ked differ Where Congress initiates and carries forward its own work, it ence between the proposition whether the House is transacting does it under its own rules, and two-thirds of the House means its own business or proposing an amendment to the Constitution. two-thirds of a quorum. But the Constitution submits an alterna Mr. GROW. Mr. Speaker, another mistake of the gentleman! tive proposition that an amendment may be proposed by two The State has only one vote. It can not be divided. It is a thirds of the States acting for themselves or by two-thirds of the numeral. Two-thirds of the States would mean two-thirds of Representatives of all the States acting through Congress. Now, the numerals. That is no comparison to the House of Represent it seems to me that it could hardly be that a small number of the atives, which is composed of individual members. States of the Union through their Representatives could do a thing One hundred and seventy-nine members constitute the House which requires two-thirdS of all the States to do directly. 1 think of Representatives to-day, if there is no vacancy by death. A that there is a difference between the two propositions; and in majority of that number can pass anything, except where two order that we might have a ruling upon it, I raise the point of thirds are required, and the Constitution simply requires in this order. case two-thirds instead of a majority. And that is the only The SPEAKER. The question is one that has been so often de difference. cided that it seems hardly necessary to dwell u~on it. The pro Mr. HILL. In reply tothat I would say that New York, Penn vision of the Constitution says "two-thirds of both Houses." • sylvania, Ohio, illinois, Michigan, and one or two other States, on What constitutes a House? A quorum of the membership, a ma their own account, under this construction, may propose an amend jority, one-half and one more. That is all that is necessary to ment to the Constitution which, if the States themselves proposed constitute a House to do all the business that comes before the it, would requh·e two-thirds of all the States of the Union. I do House. . Among the business that comes before the House is the not believe that it was intended that such a construction should reconsideration of a bill which has been vetoed by the President; be put upon that section of the Constitution. another is a proposed amendment to the Constitution; and the Mr. BRUMM. Upon the same proposition, State& having no practice is uniform in both cases that if a quorum of the House is more population than Pennsylvania and New York could pass no present the House is constituted, and two-thirds of those voting act. That is an answer to your proposition. are sufficient in order to accomplish the object. It has nothing to Mr. LACEY. I would suggest that the same identicallangu~e do with the question of what States are pre~ent and represented, applies where it is a question of passing a bill over .the veto of the or what States are present and vote for it. It is the ·Honse of President-it takes a vote of two-thirds of the House to pass the Representatives in this instance that votes and performs its part bill. of the function. If the Senate does the same thing, then the Mr. HILL. I claim that that would be an entirely different matter is submitted to the States directly, and they pass upon it. proposition and one relating to Congressional action only. The first Congress, I think, had about 65 members, arid the first Mr. LACEY. It takes two-thirds of a quorum. amendment that was proposed to the Constitution was voted for Mr. BAILEY. Mr. Speaker- . by 37 members, obviously not two-thirds of the entire House. So The HPEAKER. The gentleman from Connecticut has the the question seems to have been met right on the very threshold of fioo~ . our Government and disposed of in that way. Mr. BAILEY. The gentleman from Connecticut had resumed The result of the vote was then announced as above recorded. his seat and the gentleman from Iowa has occupied the floor. On motion of Mr. CORLISS, a motion to reconsider the vote The SPEAKER. Does the gentleman from Texas desire to be whereby the resolution was passed was laid on the table. recognized? Mr. BAILEY. I do. I simply desire to call the attention of M.ESSAGE FROM THE SENATE. the Chair to the fact that the section relating to the passage of A message from the l::enate, by Mr. PLATT, one of its clerks, bills over the President's veto has been interpreted~ and the lan announced that the Senate had insisted upon its amendments to guage in the t wo cases, as the gentleman from Iowa has sug the bill (H. R. 9008) making appropriations for the service of the gested, is almost identical, the expression being in one case "two Post-Office Department for the fiscal year ending June 30, 1899, thirds of both Houses" and in the other case "two-thirds of that had agreed to the conference asked by the House of Representa House;" and the decision in the Senate was that the constitu tives, and had appointed Mr. Qu.A.Y, Mr. ALLISON, and Mr. FAULK tional requirement was fnlfilled whenever two-thirds of those NER as the conferees on the part of the Senate. present-a quorum, of course, being requir_ed to be present-had The message also announced that the Senate had passed without voted to pass the bill over a President's veto. amendment joint resolution (H. Res. 245) declaring the lands 1898. CONGRESSIONAL RECORD-HOUSE. 4827

within the former Mille Lac Indian Reservation, in Minnesota, H. R. 7783. An act granting an increase of pension to Elizabeth to be subject to entry under the land laws of the United States. Rogers; The message also announced that the Senate had passed the fol H. R. 7165. An act granting an increase of pension to Alphonso lowing resolution; in which the concurrence of the House was Freeman; requested: H. R. 2113. An act granting an increase of pension to Lucy Ord Senate concurrent resolution No. 38, providing for the printing of extra Mason; copies of report on the Alaskan gold fields and the opportunities they offer H. R. 7355. An act granting an increase of pension to Elizabeth for capital and labor. Connelly; Resolved by th.e Senate (the House of Representatives concurring), That there H. R. 2253. An act granting an increase of pension to Joseph be printed and bound in _paper covers 20,00) extra copies of the Bulle tin of the Department of Labor for May, 1898, containing a reyort on the Monteith; Alaskan gold fields and the opportunities they offer for capita and labor, H. R. 747. An act granting an increase of pension to Lovenia 6,500 copies for the use of the House of :Representatives, 3,500 copies for the Bayles; use of the Senate, and 10,000 copies for the use of the Department of Labor. H. R. 1855. An act granting an increase of pension to David C. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES. Waring; A message from the President of the United States, by Mr. H. R. 93. An act granting an increased pension to Isaiah F. PRUDEN, one of his secretaries, announced that the President had Force; approved and signed bills and joint resolutions of the following H. R. 1387. An act to increase the pension of Victor Beau- titles: · boucher; and On May 5, 1898: H. R. 8515. An act to increase the pension of William H. Savage. H. R. ~602. An act for the relief of Charlotte J. Gottwals from On May 9, 1898: the operation of the act restricting the ownership of real estate H. R. 6468. An act authorizing the Supreme Lodge of the in the Territories and the District of Columbia to American citi Knights of Pythias to erect and maintain a sanitarium and bath· zens; house on the Government reservation at the city of Hot SpringR, H. R. 409. An act to prevent the adulteration of candy in the Ark. District of Columbia; On May 10, 1898: H. R. 5457. An act for the relief of Robert Kennish; and H. Res. 260. Joint resolution tendering the thanks of Congress H. R. 1263. An act for the relief of John Fox. to Commodore George Dewey, United States Navy, and to the On May 7, 1898: officers and men of the squadron under his command. H. R. 269. An act to amend section 9 of an act entitled ''An act On .May 11, 1898: to grant to the Arkansas, Texas and Mexican Central RaHway H. R. 1595. An act to amend an act to permit the nse of the Company a right of way through the Indian Territory, and for right of way through public lands for tramroads, canals, and other purposes; " reservoirs, and for other purposes. H. R. 8738. An act for the survey of the pass leading from the SE~ATE BILLS AND JOINT RESOLUTION REFERRED. Gulf of Me:ric<> into Horn Island Harbor, Mississippi, and a sur Under clause 2 of Rule XXIV, Senate bills and joint resolution vey of said harbor; of the following titles were taken from the Speaker's table andre H. R. 5511. An act granting to the Chattanooga Rapid Transit ferred to their appropriate committees as indicated below: Company the right to cross with its track the Dry Valley road to S. 4556. An act to suspend certain provisions of law relating to the Chickamauga and Chattanooga National Park; hospital stewards in the United States Army, and for other pur H. R. 7441. An act making appropriations for fortifications and poses-to the Committee on Military Affairs. other works of defem:e, for the armament thereof, for the procure S. 4554. An act to authorize the establishment of post-offices at ment of heavy ordnance for trial and service, and for other pur military posts or camps-to the Committee on the Post-Office and po es; Post-Roads. H. R. 2307. An act to correct the naval history of John C. Dull; S. R. 83. Joint resolution proposing an amendment to the Con H. R. 8770. An act to repeal chapter 164, laws of 1871, approved stitution of the United States-to the Committee on the Judiciary. March 3, 1871, being an act entitled "An act granting a pension ANNIE N. LEWIS. to Hiram R. Rhea; H. R. 7793. An act to increase the pension of Susan Brownlow Mr. ODELL. Mr. Speaker,lpresenttheresolution which I send Boynton; . to the Clerk's desk ·and ask for its present consideratibn. It is H. R. 3025. An act increasing the pension of WilliamS. Demott; from the Committee on Accounts, and that committee recom H. R. 9 3. An act to grant an increase of pension to Nathaniel mend its passage. Haughton; The SPEAKER. The Clerk will report. H. Res. 149. Joint resolution directing the Secretary of War to The Clerk read as follows: submit plans and estimates for the proposed improvement of Hills Resolved, That the Clerk of the House of Representatives be directed to pay, out of the ~ontingent fund of the House, to Annie N. Lewis, widow of boro Bay, Florida, from its confluence with Tampa Bay, through Herman L. LeWis, deceased, late a. messenger in the post-office of the House Hillsboro Bay and River. to the city of Tampa; of Representatives, a sum equal to his salary for six month.~ and that he be H. Res. 119. Joint resolution for theimprovement of Humboldt further directed to pay, out of the contingent fund of the House the ex penses of the funeral of the said Herman L. Lewis, said expens~s not to Harbor, California; exceed the sum of $150. H. R. 2203. An act granting a pension to George G. Vogel; B. R. 5105. An act granting a pension to Margaret H. Town- The resolution was agreed to. send; On motion of Mr. ODELL, a motion to reconsider the vote H. R. 1018. An act granting a pension to Sarah E. Ingham; whereby the resolution was agreed to was laid on the table. B. R. 4979. An act granting a pension to Charles A. Foster; LEAVE TO PRINT. H. R. 28.50. An act granting a pension to Sarah Spangler; Mr. CQRLISS. Mr. Speaker, at the request of some members, I H. R. 3326. An act granting a pension to Thomas S. Hancox; ask unanunous consent that leave be granted for five days to print H. R. 7628. An act granting a pension to Catherine Wiltse; remarks upon the joint resolution just passed. H. R. 1547. An act granting a pension to Sarah E. Daub; There was no objection. H. R. 7554. An act granting a pension to William Iott; EULOGIES ON THE LATE SENATOR GEORGE. H. R. 3185. An act granting a pension to LovezilaL. Patterson; H. R. 8819. An act granting a pension to Gemima Millsap; Mr. CATCHINGS. Mr. Speaker, I offer the resolution which I H. R. 4143. An act granting a pension to Elizabeth Holt; send to the desk. H. R. 7501. An act granting a pension to Daniel J. Melvin; The Clerk read as follows: H. R. 863. An act granting a pension to Francis Shetais, alias Resolved, That Saturday, May 21, 1898, be set apart for paying tribute to th~ J?e;mo!Y of Bon. JAMES Z. GEORGE, late a Senator from the State of Frank Stay; MiSSISSippi. H. R. 711. An act granting a pension to Anna M. Tate; H. R. 7482. An act granting a pension to Eliza B. Lowry; The resolution was agreed to. H. R. 4435. An act to pension Gratia H. Martin; Mr. DINGLEY. Mr. Speaker, I move that the House do now H. R. 2078. An act to pension Laura E. Davenport; adjourn. H. R. 1944. An act to grant a pension to Sarah A. Blazer; LEAVE OF ABSENCE. H. R. 1039. An act to grant a pension to Samuel L. Busick; Pending the motion, the Speaker laid before the House the fol H. R. 1442. An act granting an increase of pension to John W. lowing personal requests, which were granted: Channing; To Mr. BisHOP, leave of absence for one week, on account of H. R. ~154. An act granting an increase of pension to A. V. important business. Bloodgood; To Mr. MILLER, leave of absence for five days, on account of H. R. 7523. An act granting an increase of pension to Mary important business. Speier; . The motion of Mr. DINGLEY was then agreed to; and accord H. R. 3362. An act granting an increase of pension to Bolivar mg~y (at 5 o'clock and 9 minutes p. m.) the House adjourned J. Pridgen: until to-morrow at 12 o'clock noon. ·

' 4828 CONGRESSIONAL RECORD-HOUSE. MAY 11,

EXECUTIVE COMMUNICATIONS. ferred the bill of th.e House (H•. R. 2374) authorizi?g the Secretary Under clause 2 of Rule XXIV, the following executive commu of the .Treasury to ISSue a duplicate bond to Be~Jamin H. March, nications were taken from the Speaker's table and. referred as guardian of Ruth March, re ~ orted the same with amendment follows: accompanied by a report (No. 1286); which said bill and report A letter from the assistant clerk of the Court of Claims, trans were referred to the Private Calendar. mitting a copy of the findings filed by the court in the case of ~r. BROWNLOW, fro!ll the Committee on Military Affairs, to W. F. Taylor, administrator of Solomon Taylor, deceased, against w~ch was referred the b1ll of the Senate (S. 3105) to correct the The United States-to the Committee on War Claims, and ordered military record of Peter Buckley, reported the same without to be printed. amendment, accompanied by a report (No. 1287) ; which said bill A letter from the Assistant Secretary of War, requesting the and report were referred to the Private Calendar. withdrawal of that portion of a communication of the 6th instant Mr. HICKS, from the Committee on Patents, to which was re requesting the temporary suspension of the civil-service act as re ferred the bill of the House (H. R. 9748) for the relief of I. T. lating to certain civilian employees in the War Department-to Thra.sh, of Spalding County, Ga., reported the same without the Committee on Military Affair~, and ordered to be printed. amendment, accompanied by a report (No. 1288); which said bill and report were referred to the Private Calendar. REPORTS OF COMMITTEES ON PUBLIC BILLS AND Mr. FENTON, from the Committee on Military Affairs, to RESOLUTIONS. whic~ ~as referred the .bill _of the House (H. R. 7375) to correct Under clause 2 of Rule Xill, bills and resolutions of the follow the military record of Eli Stairs, reported the samewithout amend ing titles were severally reported from committees, delivered to ment, accompanied by a report (No. 12\JO) ; which said bill and re port were referred to the Private Calendar. the Clerk, and referred to the sever~ Calendars therein named, as follows: Mr. BOTKIN, from the Committes on Invalid Pensions, to Mr. HICKS, from the Committee on Patents, to which was re whi~h was referred the bill of the Senate (S. 2247) granting a ferred the bill of the House (H. R. 7015) to amend Title LX, chaP" pension to Charles E. Mann, reported the same with amendment, ter 3, of the Revised Statutes, relating to copyrights, reported the accompanied by a report (No. 1294); which said bill and report same with amendment, accompanied by a report (No. 1289); were referred to the Private Calendar. which said bill and report were referred to the House Calendar. Mr. STALLINGS, from the Committee on Pensions, to which M.r. CURTIS of Iowa, from the Committee on the District of was referred the bill of the House (H. R. 6645) to increase the Columbia, to which was referred the bill of the House (H. R.10278) pension of Theodore W. Cobia, reported the same without amend imposing a license tax upon proprietors of merry-go-rounds or ment, accompanied by a rep01't (No. 1296): which said bill and other mechanical devices operated or exhibited for purposes of report were referred to·the Private Calendar. public amusement for gain, and for other purposes, in the District Mr. S'fRODE of Nebraska, from the Committee on Pensions, to of Columbia. reported the same with amendment, accompanied ~hich was refe~ed the bill of the ~ouse (H. R. 61) granting an by a report (No. 1291); which said bill and report were referred mcrease of pens on to George H. Givens, reported the same with to the House Calendar. · amendment, accompanied by a report (No. 1297); which said bill Mr. CHARLES W. STONE, from the Committee on Private and report were referred to the Private Calendar. Land Claims, to which was 1·eferred House bill 8848, reported in lieu thereof a bill (H. R. 10290) to amend "An act to establish a ADVERSE REPORT. C~urt of Priv~U: La~dClaim.sand to provide fox: th~se~ement of Under clause 2 of Rule.XIII. Mr. McEWAN, from the Commit- pnvate land c1arms m certam States and Territones,. approved tee on Claims, to which was referred the bill of the House (H. R. March 13, 1891, and the ~ct amendatory thereto, ~pprov~d Fe~- 1 1810) for the relief of Charle3 T. Brant, reported the same ad r~ary 21, 1893, accompamed by a report. (No. 129,...): which said versely, accompanied by a report (No. 1298); which said bill and bill and report were referred to the Comm1ttee of the Whole House report were referred to the Private Calendar. on the state of the Umon. Mr. CONNOLLY, from the Committee on the Judiciary, to which was referred the bill of the House (H. R. 8279) to amend CHANGE OF REFERENCE. the act entitled "An act to establish circuit courts of appeals Under clause 2 of Rule XXII, committees were discha.rgedfrom and to define and regulate in certain cases the jurisdiction of the the consideration of bills of the following titles; which were there courts of the United States, and for other purposes," approved upon referred as follows: March 3, 1891, reported the same with amendment, accompanied A bill (H. R. 8978) to relieve Owen McCaffery from the charge by a report (~o. 1293); which said bill and report were referred Of desertion-Committee on Military Affairs discharged, andre to the House Calendar. ferred to the Committee on Naval Affairs. .Mr. BERRY, from the Committee on Rivers and Harbors, to A bill (H. R. 8379) to relieve John Murtuck from the charge of which was referred the joint resolution of the House (H. Res. 198) desertion-Committee on Military Affairs discharged, and referred asking for estimates for the improvement of Upper Machodoc· to the Committee on Naval Affairs. Creek, in King George County, Va., reported the same with amend A bill (H. R. 5893) for the relief of the legal representatives of ment, accompanied by a report (No. 1295); which said resolution Elizabeth J. Withers, deceased, late of Canton, in the State of Mis and report were referred to the House Calendar. sissippi-Committee on Claims discharged, and referred to the Mr. GARDNER, from the Committee on Labor, to which was Committee on War "Claims. referred the bill of the House (H. R. 9334) to protect free labor A bill (H. R. 10258) for the relief of Emmart Dunbar & Co. , on from prison competition, reported the same with amendment, account of work done bv said firm for the District of Columbia accompanied by a report (No. 1299); which said bill and report Committee on Claims discharged, and referred to the Committee were referred to the House Calendar. on the District of Columbia. Mr. HOOKER, from the Committ-ee on Rivers and Harbors, to A bill (H. R. 9971) granting a pension to Elder H. Kinney which was referred the .joint resolution of the House (H. Res.180) Committee on Pensions discharged, and referred to the Committee for the improvement of ~ueenstown Channel, Queen Anne County, on Invalid Pensions. Md., reported the same with amendment, accompanied by a report A resolution (House Res. N o.152) for the relief of Samuel Lee (No. 1300); which said resolution and report were referred to the Committee on Accounts discharged, and referred to the Committee House Calendar. on Claims. He also, from the same committee, to which was referred the joint resolution of the House (H. Res. 195) calling upon the Sec PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS l'etary of War for information concerning the port of Sabine Pass, INTRODUCED. reported the eame without amendment, accompanied by a report Under clause 3 of Rule XXII, bills, resolutions, and memorials (No. 1301); which said resolution and report were referred to the of the following titles were introduced and severally referred as House Calendar. follows: He also, from the same committee, to which was referred the By Mr. WALKER of Massachusetts: A bill (H. R. 10289) to joint resolution of the House (H. Res. 185) for improvement of provide for strengthening the public credit, for the relief of the the harbor at Manitowoc, Wis., reported the same without amend United States Treasury aBd for the amendment of the laws re· ment: accompanied by a report (No. 1302); which said resolution lating to national banking associations-to the Conrmittee on and report were referred to the House Calendar. Banking and Currency. By Mr. 1\-IARSH (by request): A bill (H. R. 10291) to protect REPORTS OF COMMITTEES ON PRIVATE BILLS AND the harbor defenses and fortifications constructed or nsed by the RESOLUTIONS. United States from malicious injury and for other purposes-to Under clause 2 of Rule XTII, private bills and resolutions of the the Committee on Military Affairs. following titles were severally reported from committees, deliv By Mr. GIBSON: A bill (H. R. 10292) to codify the laws relat ered to the Clerk, and referred to the Committee of the Whole ing to pensions-to the Committee on Revision of the Laws. House, as follows: By Mr. CURTIS of Iowa: A bill (H. R. 10293) to incorporate Mr. GRAFF, from the Committee on Claims, to which was re- the ;East Washington Heights Traction Railroad Company, in

I 1898. CONGRESSIONAL RECORD-HOUSE. 4829

the District of Columbia-to the Committee on the District of cants in Government buildings-to the Committee on Public Columbia. Buildings and Grounds. , By Mr. BABCOCK: A bill (H. R. 10294) relative to the contrQl By Mr. CODDING: Petition of the Young People's Christian of wharf property and certain public spaces m the D~trlct of Union of the Universalist Church of Gibson, Pa., for the J)assage Columbi~to the Committee on the District of Columbia. of a bill to forbid the sale of intoxicating beverages in Govern By Mr. SULZER: A joint resolution (H. Res. 264) autho~ing . ment buildingS-to the Committee on Public Buildings and the President to accept a regiment of riflemen from the State of Grounds. New York-to the Committee on Military Affairs. By Mr. CONNELL: Petitions of the Christian En4eavor Soci~ By Mr. DINGLEY: A concurrent resolution (House Con. Res. ety of Washburn Street Presbyterian Church and vestry of Gra-ce No. 31) providing for the printing of all of the acts, as they ~Ir Reformed Episcopal Church, of Scranton, Pa., in favor of the pear in the United States Statutes, heretofore passed by Congress enactment of legiSlation to :protect State anti-cigarette laws by imposing duties on imports-to the Committee o.n Printing. providing that cigarettes imported in original packages on enter ing any State shall become subject to its laws-to the Committee on the Judiciary. PRIVATE BILLS AND RESOLUTIONS INTRODUCED. Also~ petition of the Christian Endeavor Society of Washburn Under clause 1 of Rule XXII, private bills and resolutions -of Street Presbyterian Church, of Scranton, Pa., in favor of a bill the following titles were ~ntroduced and severally referred as prohibiting the sale of intoxicating liquors in all Government follows: buildings-to the Committee on Public Buildings and Grounds. By Mr. ACHESON: A bill (H. R. 10295) granting a pension to By J4r. ELLIS: Petition of the Oregon Conference of the United Mary Leonard, formerly Marie Tebe-to the Committee on In~ Evangelical Church, of Portland, Oreg., praying for the enactment valid Pensions. of legislation to protect State anti-cigarette laws by providing that By Mr. BARNEY: A bill (H. R. 10296) to correct the military cigarettes imported in original packages on entering any State shall record of Thomas Condon-to the Committee on Military Affairs. become subject to its laws-to the Committee on Interstate and By Mr. BEACH: A bill (H. R. 10297) granting an increase of Foreign Commerce. pension to Lewis R. Armstrong-to the Committee on Invalid Also, petition of the Oregon Conference of the Unit-ed Evangel Pensions. · ical Church, of Portland, Oreg., for the passage of a bill forbidding By Mr. CALLAHAN: A bill (H. R. 10298) granting a pension the sale of liquor in all Government buildings-to the Committee to J. M. Kensinger-to the Committee on Invalid Pensions. on Alcoholic Liquor Traffic. By Mr. GREENE: A bill (H. R. 10299) granting a pension to By Mr. GREENE: Papers to accompany House bill granting a Mary A. Harding, widow of Capt. Joseph W. Harding, at $30 pension to Mary A. Harding-to the Committee on Invalid Pen per month-to the Committee on Invalid Pensions. sions. By Mr. IDCKS: A bill (H. R. 10300) granting a pension to Th~ By Mr. GROUT: Petition of the Woman's Christian Temper~ dore Bach-to the Committee on Invalid Pensions. ance Union of Chester, Vt., favoring legislation providing that By Mr. IDLBORN: A bill (H. R. 10301) granting a pension to cigarettes imported in original :packages on entering any State Florence V. Donnelly-to the Committee on Invalid Pensions. shall become subject to its laws-to the Committee on the Judi By Mr. HENRY of Connecticut: A bill (H. R. 10302) granting ciary. an increase of pension to William E. Austin-to the Committee Also, petition of the Woman's Christian Temperance Union of on In valid ·Pensions. Chester, Vt., against the sale of intoxicants in Government By Mr. RIDGELY: A bill (H. R. 10303) granting a pension to bmldings-to the Committee on Alcoholic Liquor Tr~c. M. V. Strine-to the Committee on Invalid Pensions. By Mr. HARTMAN: Petition of the Woman's Christian Tem By Mr. RIXEY (by request): A bill (H. R. 10304) of Thomas perance Union of Miles City, Mont., in favor of the enactment of and Savilla Denton Sherman for reference to the Court of legislation to protect State anti-cigarette laws by :providing that Claims-to the Committee on War Claims. cigarettes imported in original packages on entering any State Also, a bill (H. R. 10305) for the relief of the estate of J. R. shall become subject to its laws-to the Committee oh the Judi Perry, deceased, late of Stafford County, Va.-to the Committee on ciai·y. War Claims. Also, resolutions of Butte City Division, No. 294, of Butte City, By Mr. TONGUE: A bill (H. R. 10306) for relief of B. F. Tu~ Mont., Order of Railway Conductors, favoring the passage of the per-to the Committee on Claims. anti-scalping bill-io the Committee on Interstate and Foreign By Mr. MUDD (by request): A bill (H. R. 10307) to increase Commerce. the pension of Edward Kossach-to the Committee on Invalid By Mr. IDTT: Petitions of the Woman's Christian Temperance · Pensions. Union and Emanuel Church, of Polo, and Memorial Church, of Forreston, ill., favoring legislation providing that cigarettes im~ :ported in original pa-ckages on entering any State shall become . PETITIONS, ETC. subject to its laws-to the Committee on Interstate and Foreign Under clause 1 of Rule XXII, the following petitions and papers Commerce. were laid on the Clerk's desk and referred as follows: Also, petitions of the Young Men's Christian Association and By Mr. ACHESON: Resolutions of the councils of the city of Emanuel Chm'Ch, of Polo, and Memorial Church, of FotTeston, McKeesport, Pa., concerning the Post-Office appropriation bill ill., to prohibit the sale of intoxicating beverages in all Govern· to the Committee on the Post-Office and Post-Roads. ment buildings-to the Committee on Public Buildings and By Mr. BARNEY: Petition of Oliver Haslee and 35 other citi~ Grounds. zens of the State of Wisconsin, in favor of a law compelling all Also, petition.s of the Emanuel Church and Wednesday Club railroads engaged in interstate commerce to sell tickets at 2 cents Literary Society, of Polo, and Memorial.Church, of Forreston, Til., per mile-to the Committee on Interstate and Foreign Commerce, to r~ise the age of pr?t~ction for girls to 18 years al!d to prohibit By Mr. BELL: Petition of A. E. Nathan & Co. and 19 citiz.ens the mterstatetranSIDlSmon of lottery messages and other gambling of Pueblo, Colo., against the pasl:lage of the anti-s.calping bill or matter by telegraph-to the Committee on the Judiciary. any similar measure-to the Committee on Interstate and Foreign By Mr. HOPKINS: Petitions of the Catholic Order of Foresters Commerce. St. Nicholas Court, No. 171, and Aurora Rheinlander Verein, of By Mr. BINGHAM: Resolutions of Division No. 29, of Phila Aurora, ill, :protesting against the passage of the so-called anti delphia, Pa., Ancient Order of Hibernians, protesting against scalping bill or any similar measure-to the Committee on Inter~ certain provisions of the Lacey Alaska bill-to the Committee on state and Foreign Commerce. Jhe Merchant Marine and Fil5herie ... . Also, petitions of the Congregational Church and House of Hope By Mr. BROWNLOW: Petitions of citizens of Fullens, Rus Presbyterian Church, of Elgin, Ill., and Woman's Christian Tem~ sellville, and Mohawk, Tenn., favoring the :passage of the anti~ perance Union of Mazon, Ill., favoring legislation providing that scalping bill-to the Committee on Interstate and Foreign Com cigarettes imported in original packages on entering any State merce. shall become subject to its laws-to the Committee on Interstate By Mr. CAPRON: Petition of the Advent Christian Church and Foreign Commerce. · and Primitive Methodist Church, of Pascoag, R.I., in favor of the Also, petitions of the Woman's Christian Temperance Union of enactment of legislation to protect State anti-cigarette laws by Mazon, Swedish Lutheran Young People's Society of Christian providing that cigarettes imported in original packages on enter Endeavor and Sunday school of the Congregational Church of ing any State shall become subject to its laws-to the Committee St. Charles, the Methodist Episcopal and Congregational churches on the Judiciary. and citizens of Elgin, ill., in favor of the passage of the Broder Also, petition of the Advent Christian Church and Primitive ick bill to raise the age of protection for girls to 18 years in the Methodist Church, of Pascoag, R. I., for the passage of a bill to District of Columbia and the Territories and the bill to forbid the raise the age of protection for girls-to the Committee on the Ter transmission of lottery messages by telegraph-to the Committee ritories. on the Judiciary. Also, :petition of the Advent Christian Church and Primitive Also, petitions of the Young People's Society of Christian En· Methodist Church, of Pascoag, R. I., against the sale of into.xi~ deavor and Sunday school of the Congregational Church of St. 4830 OONGRESSIONAL RECORD-HOUSE. MAY 11,

Charles, ill., and the Woman's Christian Temperance Union of By Mr. ODELL: Resolution of the Board of Trade of Nyack, Mazon, Grundy County, lll., against the sale of intoxicants in N. Y., nrging the passage of the Cullom bill relating to extension Government buildings-to the Committee on Public Bu.ildings of authority granted Interstate Commerce Commission--t-o the and Grounds. Committee on Interstate and Foreign Commerce. · By Mr. HURLEY: Resolutions ·of the Brooklyn (N.Y.) War By Mr. PARKER of New Jersey: Petitions of J. Henry Keller Veterans and Sons' Association, in relation to Senate bill No. 3256 and others, Mrs. M. J. Bonnett and others, E. H. Thatcher and and House bill No. 6086, asking for the modification of the civ.il others, W. B. Knause and others, James Duguid and others, Rob $ervice law-to the Committee on Reform iri. the Civil Service. ert Keene and others, Abram Husk and others, August Soffel and Also, resolutions of the Chamber of Commerce of New York others, W. E. Myers and others, George A. Harris and others, City, in favor of the passage of Senate bill No. 753, for the estab W. W. Disbrow and others, George M. Ullrich and others, George lishment of an international American bank-to the Committee· Hallett and others, all o.f Newark and vicinity, and John E. Mat On Banking and Currency. thews and others, of Orange and East Orange, in the State of New Also, resolutions of the Chamber of Commerce of New York, Jersey, in favor of the passage of a bill which will more E:~ffectually protesting against the proposed tonnage tax embodied in the war restrict immigration and prevent the admission of illiterate, pau revenue bill-t-o the Committee on Ways and Means. per, and criminal classes to the United States-to the Committee on By Mr. JONES of Washington: Resolutions of the Trades Coun Immigration and Naturalization. cil of Spokane, Wash., in favor of postal saVings banks-to the By Mr. PETERS: Petition of citizeiU! of Lawrence, Kans., and Committee on the Post-Office and Post-Roads. vicinity, against the passage of the bill for the further restriction By Mr. JOY: Petition of the Glasgow Avenue Presbyterian of immigration-to the Committee on Immigration and Natural Church and its Ladies' Aid Society, of St. Louis, Ma:, praying for ization. the enactment of legislation to protect State anti-cigarette laws by Also, petition of citizens of Lawrence, Kans., in favor of the providing that cigarettes imported in original packages on enter passage of the anti-scalping bill-to the Committee on Interstate ing any State shall become subject to its laws-to the Committee and Foreign Commerce. on the Judiciary. Also, petitionsof the United Presbyterian Church and First Bap By Mr. KELLEY: Petition of the Temperance Club of St. Law tist Church o{ Garnett, First Baptist Church, Christian Church, rence, S. Dak., to prohibit the sale of intoxicating beverages in all First Methodist Episcopal Chw'ch, United Brethren Church, Government buildings-to the Committee on Public Bu.ildings Woman's Christian Temperance Union, and business men of lola, and Grounds. Kans., ii:l favor of a b.ill prohibiting the sale of intoxicating liquors By Mr. McCLEARY: Letter of P. J. 0. Carrier, of Minneapolis, in all Government buildings-to the Committee on Public Build Minn., as president of Local Union No.7, Brotherhood of Car ings and Grounds. penters and Joiners, in favor of the passage of a bill establishing Also, petitions of the United Presbyterian Church and First postal sa-vings banks-to the Committee on the Post-Office and Baptist Church of Garnett, Kans., asking for the passage of bills Post-Road a. to raise the a~e of protection for girls to 18 years in the District of By Mr. McDONALD: PapertoaccompanyHouseb.illNo.10285, Columbia ana to forbid the interstate transmission of lottery and to increase the pension of Mazie V. Sullivan, of Washington, other gambling matter by telegraph-to the Committee on the D. C.-to the Committee on Invalid Pensions. .Tudicjary. . By ~Ir. MANN: Petition of Lake Woman's Christian Temper Also, petitions of the United Presbyterian Church .and First ance Union, o~ Chicago, lll., for the passa~e of a bill to ~·ais.e the Baptist Church of Garnett, Kans., favoring legislation providing age of protectiOn for gll'ls-to the· Comm1ttee on the D1Str1ct of that cigarettes imported in original packages on entering any State Columbia. shall become subject to its laws-to the Committee on the J u Also, petitions of the Woman's Christian Temperance Union of diciary. South Evanston, 111., favoring the enactment of legislation to prq By Mr. PRlNCE: Petitions of Woman's Christian Temperance iect State anti-cigarette laws and to forbid the interstate trans Union of Kewanee, Til., favoring bills to raise the age of protec mission of lottery messa-ges by telegraph-to the Committee on tion for girls, to forbid the interstate transmission of lottery mes the J udicia.ry. . sages by telegraph, and in favor of a bill to protect State anti Also, petition of the Woman's Christian Temperance Union of cigarette laws-to the Committee on the Judiciary. South Evanstqn, lll., for the passage of a bill forbidding the sale Also, petition of the Woman's Christian Temperance Union of of liquor in aU Government buildings-to the Committee on Pub Kewane.e, Ill., foi.· the passage of a bill to forbid the sale of intox lic Buildings and Grounds. icating beverages in Government buildings-to the Committee on ' .By Mr. MARSH: Protest of 24 ci,tizens of Colchester, ill., against Public Bu.ildings and Grounds. the passage of Senate bill No. 2736, to establish a Government in By Mr. RIDGELY: Petitions of citizens of Howard and Girard, surance department-to the Committee on Interstate and Foreign Kans., favoring the passage of the anti-scalping bill-to the Com Commerce. ' mittee on Interstate and Foreign Commerce. , Also, petitions of the faculty and students <;>f Monmouth Col By Mr. RIXEY: Paper to accompany bill for the relief of the lege, Young Pe.ople•s Societies of Christian Endeavor of the Chri_s estate of J. R. Perry, deceased, late of Stafford County, Va.-to tian Church and of the Ninth Avenue United Presbyterian C~urch 1 the Committee on War (,"'!aims. and of the Presbyterian .Church, and Young People's SoCiety or . By Mr. ROBINSON of Indiana: Petition of George A. Pontins, the Swedish Baptist Church, and Epwofth League of the Metho-. of Columbus City, Ind., against the war-measure tax on mer dist Episcopal Church, all of Monmouth, lll.; favoring the bill chants' stocks on hand-to the Committee on Ways and Means. which forbids the sale of alcoholic liquors in Go-vernment build By Mr-. SPRAGUE: Resolutions of theNew England Furniture ings-to the Committee on Public Bu.ildings and G~ou,nds. E:xchange, of Boston, Mass., in favor of the passage of the anti By Mr. MAXWELL: Petitions of th~ First Baptist Church of scalping bill-to the Committee on Interstate and Foreign Com Tekamah, Nebr., and Berg Presbyterian Church, of Ravenna, merce. Nebr., for the passage of bills to prote(ft State anti-cigare~ lawsl ByMr.STEELE1 Petitions of the Friends' Church of New Lon to forbid the transmission of lottery messages by telegraph, ana don, Ind., Friends' Church of Marion, Ind., and W. T. Outland to raise the age of protection for girls to 18 years-to the Commit- and members of the Friends' Church of Amboy, Ind., for the pas tee on the Judiciary. · sage of b.ills to prohibit the interstate transmission of gambling Also, petition of Emanuel Lutheran Church, of Burt County, matter by telegraph and to protect State anti-cigarette laws-to Nebraska Synod, favoring the passage of a bUl to protect State the Committee on Interstate and Foreign Commerce. anti-cigarette laws-to the Committee on the Judiciary. Also, petitions of the Friends' Church of Marion, Ind., and the Also, petitions of the First Baptist Church of Tekamah, Nebr.• Friends' Church of New London, Ind., praying for the enactment f1ndEmanuel L-qtheran Church, of Burt County, Nebraska Synod, of legislation raising the age of protection for girls to 18 years in against the sale of intoxicants in Government bu.ildings-to the the Distlict of Columbia and the Territories-to the Committee Committee on Public Bu.ildings and Grounds. on the District of Columbia, By Mr. MERCER: Resolutions of the National Brotherhood of Also, petitions of certain churches of New London and Marion, Electrical Workers of Omaha, Nebr., favoring the estB_iblishment Ind., to prohibit the sale of intoxicating bevera.ges in aU Govern of postal savings banks-to the Committee on Banking and Cur- ment buildings~to the Committee on Public Buildings and rency. · Grounds. By Mr. MORRIS (by request).: Petition of G. R. Laybournand Also, petition of the Friends' Church of Amboy, Ind., in favor 19 other citizens of the State of Minnesota, protesting against the of arbitration of international differences-to the Committee on passage of the so-called anti-scalping bill or any sim.ilar measure Foreign Affairs. to the Committee on Interstate and Foreign Commerce. Also, petition of the Friends' Church of Amboy, Ind., urging B~Mr. NORTON of Ohio: Petition of T. H. Babcock and 19 the passage of a bill to prohibit the transmission by mail of news other citizens of the State of Ohio, in opposition to the so-called paper descriptions of piize fights-to the Committee on the Post anti-scalping b.ill or any similar measure-to the Committee on Office and Post-Roads. Interstate and Foreigh Commerce. By Mr. STEVENS of Minnesota: Petition of Thomas F. Hart, 1898. CONGRESSIONAL RECORD-SENATE. 4831

secretary of-the Minnesota Liquor Dealers' Association, protesting ity of Petersburg, in that State; which was referred to the Com· against the imposition of any additional tax on beer-to the Com mittee on Military .AJiairs. mittee on Ways and Means. He also presented a petition of Iron Molders' Union No. 128, of Also, resolution of the Society of Colonial Wars of Minnesota, Richmond, Va., praying for the passage of the so-called prison in favor of Government ownership of Fort Ticonderoga-to the labor bill; which was referred to the Committee on Education Committee on Military Affairs. and Labor. Also, resolution of the Jobbers' Union of St. Paul, Minn., favor He also presented a petition of the Board of Trade and Business ing a treaty of reciprocity with Canada and Newfoundland and Men's Association of Norfolk, Va., praying that an appropriation protesting against the passage of a general bankruptcy law-to be made to provide for dredging the approaches to the Lake Drum the Committee on the Judiciary. mond and Water Company's Canal; which was referred to the By Mr. WHITE Qf North Carolina: Resolution of the State Committee on Finance. Medical Society of North Carolina, protesting against the passage He also presen~ a petition of the city council of Richmond, of the bill restricting vivisection-to the Committee on the Dis Va., praying that an appropriation be made for the improvement trict of Columbia. of the James River, in that State; which was referred to the Also, resolution of the Wholesale Grocers' Association of Wil Committee on Commerce. mington, N.C., protesting against the imposition of an additional Mr. BATE presented the memorial of Diehl & Lord, of Nash· revenue tax on tobacco, snuff, and cigars in stock-to the Com ville, Tenn., remonstrating against the imposition of a war tax on mittee on Ways and Means. bottled mineral waters, ginger ale, etc.; which was referred to the Also, petition of Fred. Oliver, of Charlotte) N.C., in favor of Committee on Finance. imposing a duty of S5 per ton on iron or copper sulphur pyrites He also presented the memorial of theJ. L. Valentino Company, to the Committee on Ways and Means. of Nashville, Tenn., remonstrating against the imposition of a By Mr. YOUNG: Resolution of the Alumnm Association of revenue tax on chewing gum; which was t•eferred to the Commit the Girls' High and Normal schools of Philadelphia, Pa., urging tee on Finance. the Government to transfer the United States Mint property to He also presented the memorial of B. H. Owen, president of the the cit~ of Philadelphia at a nominal figure for a public library Tennessee State Druggists' Association, of Clarksville, Tenn., re to the Committee on Public Buildings and Grounds. monstrating against the imposition of the proposed stamp tax on Also, papers to accompany House bill in support of the claim of retail drugs; which was referred to the Committee on Finance. William H. Smyser for relief-to the Committee on Invalid Pen Mr. HOAR presented a petition of the Young People"s Society sions. of Christian Endeavor of the Baptist Church of North Uxbridge, Mass.,and a petition of the Woman's Christian Temperance Union of North Uxbridge, Mass., praying for the enactment of legisla SENATE. tion to prohibit the sale of intoxicating liquors in all Government THURSDAY, May 12, 1898. buildings; which were referred to the Committee on Public Build ings and Grounds. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Mr. THURSTON presented a petition of Ord Circle, No.6, Ladies The Secretary proceeded to read the Journal of yesterday's pro of the Grand Army of the Republic of Nebraska, praying for the ceedings, when, on motion of Mr. GALLINGER, and by unanimous enactment of legislation to prohibit the interstate transmission of consent, the further reading was dispensed with. lottery messages and other gambling matter; which .was referred MESSA.GE FROM THE HOUSE. to the Committee on the Judiciary. He also presented a petition of Ord Circl-e, No.6, Ladies of the A message from the House of Representatives, by Mr. W. J. Grand Army of the Republic of Nebraska, and a petition of the BROWNING, its Chief Clerk, announced that the House had passed congregation of the First Baptist Church of Friend, Nebr., pray the bill (8. 4567) to organize a volunteer signal corps. ing for the enactment of legislation to prohibit the sale of intoxi The message also announced that the House insists upon its cating liquors in all Government buildings; which were referred 4518) amendments to the bill (S. to provide assistance to the in to the Co~&.mittee on Public Buildings and Grounds. habitants of Cuba, and arms, munitions, and military stores to He also presented a petition of the congregation of the First the insurgent forces, and for other purposes, disagreed to by the Baptist Church of Friend, Nebr., and a petition of Ord Circle, No. Senate, agrees to the conference asked for by the Senate on the 6, Ladies of the Grand Army of the Republic of Nebraska, pray disagreeing votes of the two Houses thereon, and had appointed ing for the enactment of legislation to protect State anti-cigarette Mr. MARSH, Mr. GRIFFIN, and Mr. Cox managers at the confer laws by providing that cigarettes imported in original packages ence on the part of the House. on entering any State shall become subject to its laws; which The messa~e further announced that the House had passed a were referred to the Committee on Interstate Commerce. joint resolution (H. Res. 5) proposing an amendment to the Con Mr. TURPIE presented a petition of Iron Molders' Union No. stitution providing for the election of Senators of the United 272, of Richmond, Ind., praying for the passage of the so-called States; in which it requested the concurrence of the Senate. postal savings bank bill; which was referred to the Committee The message also announced that the House had passed a con on Post-Offices and Post-Roa-ds. . current resolution to print for the use of the Treasury Department, He also presented the memorial of Dr. E. Detchon, of Craw~ Steamboat-Inspection Service, 300 copies each of the proceedings fordsville, Ind., remonstrating against the proposed tax on pro of the Board of Supervising Inspectors of Steam Vessels for the prietary medicines; which was referred to the Committee on years 1897 and 1898; in which it requested the concurrence of the Finance. Senate. He also presented the memorial of Vaughn & Casey, of Craw PETITIONS AND MEMORIALS. fordsville! Ind., remonstrating against an increase of the tax: on Mr. QUAYpresentedapetition of John Harris Council, No.174, mineral and soda waters; which was referred to the Committee Junior Order of United American Mechanics, of Harrisburg, Pa., on Finance. praying for the enactment of legislation providing for the free He also presented a petition of the congregation of the Friends' transmission of letters and other mail matter mailed by soldiers Church of New London. Ind., yraying for the enactment of legis- of the United States Vo1unteer Army; which was referred to the lation to prohibit the sale of intoxicating liquors in all Govern Committee on Post-Offices and Post-Roads. ment buildings; which was referred to the Committee on Public He also presented a petition of the congregation of the Meth Buildings and Grounds. odist Episcopal Church of McKees Rocks, Pa., praying for the He also presented a petition of the congregation of the Friends' enactment of legislation to prohibit the sale of intoxicating liquors Church of New London, Ind., praying for the enactment of legis· in all Government buildings; which was referred to the Commit lation to prohibit the interstate transmission of lottery messages tee on Public Buildings and Grounds. and other gamblin~ matter by telegraph; which was referred tO Mr. COCKRELL. l present resolutiops of the Free Silver the Committee on tne Judiciary. League of Greene County, Mo., adopted May 7, favoring the coin He also presented a petition of the congregation of the Friends' age of the seigniorage in the Treasury and the imposition of a Church of New London, Ind., praying for the enactment of legis graduated income tax, and pledging their support to the Govern lation to protect State anti-cigarette laws by providing that cigar ment in the present crisis. I move that the resolutions be printed ettes import-ed in original packages on entering any State shall as a document and referred to the Committee on Finance. become subject to its laws; which was referred to the Committee The motion was agreed to. on Interstate Commerce. Mr. PASCO presented a petition of sundry seamen on the At Mr. PROCTOR presented a petition of Mount Abraham Lodge, lantic Coast and a petition of the New York Branch, Atlantic No. 21, and of the Woman's Christian Temperance Union, of Coast Seamen's U njon., praying for the passage of the bill for the Lincoln, Vt.. praying for the enactment of legislation to prohibit relief of American seamen; which were referred to the Committee the sale of intoxicating liquors in all Government buildings; on Commerce. which was referred to the Committee on Public Buildings and 1\Ir. DANIEL presented a petition of A. P .. Hill Camp, Confed Grounds. erate Veterans, of Petersburg, Va., praying for the establishment He also presented a petition of Mount Abraham Lodge, No. 21, of a national military park including the battlefields in the vicin- and of the Woman's Christian Temperance Union, of Lincoln,