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-\ /. 416 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

requiring sugar manufacturers receiving Government bounty to World's Columbian Exposition on Sunday; which was referred use American-made machinery-to the Committee on Ways and to the Committee on the Quadro-Centennial (Select). ~eans. . Mr. McPHERSON presented the memorial of H. G. Deland, By Mr. PICKLER: Petition of ministers and delegates of and 173 other citizens of Bergen County, N.J., remonstrating Central Association of Congregational churches of South Da­ against the further purchase of silver bullion by the Govern­ kota, held at Pierre, S.Dak., November 9, 10, and 11, 1892, and ment; which was referred to the Committee on Finance. representing 92-3 churches, a-sking that the World's l!.,ai.r be Mr. GALLINGER presented a petition of the Merchant Tailors' ·closed on Sunday-to the Select Committee on the Columbian Exchange, of Boston, Mass., praying for the passage of House Exposition. bill 8536, limiting the free entry of wearing apparel of foreign By Mr. SIPE: Resolutions adopted by a conference of Baptist manufacture; which wa-s referred to the Committee on Finance. ministers held at West Newton, Pa., remons'hrating against the He also presented memorials of the New Hampshire Ba-ptist repeal of the present law closing the World's Columbian Expo­ Convention, comprising 85 churches and 9,282 members; of citi­ sition on Sunday-to the Select Committee on the Columbian zens of Keene, N.H .. and of the Christian Arbitration and Peace Exposition. Society of the Unij;ed States, remonstrating against the opening Also, memorial of citizens of Murdocksville, Pa., remonstrat­ of the ·world's Columbian Exposition on Sunday; which were re­ ing against the repeal of the present law closing the World's ferred to the Committee on the Quadro-Centennial (Select). Columbian Exposition on Sunday-to the Select Committee on He aJ.so presented petitions of the New Hampshire State the Columbian Exposition. Grange, Patrons of Husbandry, and the New Hampshire State Also, resolutions adopted at a meeting of the citizens of West Board of Agriculture, praying for the passage of the Washburn­ Elizabeth, Allegheny County, Pa., requesting the passage of an Hatch antioption bill; which were ordered to lie on the table. act restricting and regulating foreign immigration~ to theSe­ Mr. PASCO presented a petition of the Board of Trade of Jack­ lect Committee on Immigration and Naturalization. sonville, Fla., praying for the passage of legislation regulating By Mr. WILLIA~ A. STONE: Petition of 66 citizens of Clar­ indiscriminate im.migration; which was ordered to lie on theta ble. endon Borough and vicinity, against any legislation that will Mr. McMILLAN presented a petition of the Board of Trade of · allow the opening of the.. World's Columbian Exposition on Detroit, Mich., praying for the construction and control by the Sunday-to the Select Committee on the Columbian Exposition. United States of the Nicaraguan Canal; which wasordered to lie By Mr. ORLIGER: Protest of ~assillon (Ohio) International on the table. . Association of Machinists Lodge, against certain methods of Mr. QUAY presented memorials of the First Presbyterian work at West Troy, N. Y.-to the Committee on Labor. Church of Bloomsburg; of the Ministerial Association of Sun­ By Mr. WILSON of West Virginia. Thirteen petitions of bury; of the Sabbath Association of Chester County; of the Meth­ citizens of West Virginia, as follows: Five petitions of citizens odist, Episcopal, Congregational, Baptist, and Disciple Churches, of Jefferson County, 4 petitions of citizens of Randolph County, the Society of ChriStian Endeavor and Epworth League of Smith­ and 1 petition each of citizens of Hampshire, Pendleton, and field, all in the State of Pennsylvania, remonstrating against the Tucker Counties, each praying that his war claim be referred to repeal of the law closing the World's Columbian Exposition on the Court of Claims under the provisions of the Bowman act-to Sunday; Vf hich were referred to the Committee on the Quadro­ the Committee on War Claims. Centennial (Select). Mr. TELLERpresentcdapetitionof the Denver (Colo.) Cham­ ber of Commerce, praying for the passage of legislation provid­ ing for a national quarantine; which was ordered to lie on the SENATE. table. Mr. HANSBROUGH presented a petition of citizens of Steele MoNDAY, January 9, 1893. County, N. Dak., praying for the passage of the Washburn­ Hatch antioption bill; which was ordered to lie on the table. Prayer by the Chaplain, Rev. J. G. BUTLER·, D. D. He also presented a petition of citizens of Pembina County, The Journal of the proceedings of Saturday last was read and N.Dak., praying for the closing of the World's Columbian Ex­ approved. position on Sunday and that the sale of intoxicating liquors be PETITIONS AND MEMORIALS. prohibited thereat; which was referred to the Committee on the The VICE-PRESIDENT presented a petition of the Custom Quadro-Cen tennial (Select). Cutters' Association of the State of New York, praying for the Mr. SHERMAN presented memorials of the Union Meeting passage of House bill947 3, limiting the free importa ti.on of wear­ of Christian Churches of Bellville, a memorial of the Union ing apparel; which was referred to the Committee on Finance. Meeting of Christian Churches of Cambridge, a memorial of a Mr. CULLO~ presented a petition of citizens of Shelbyville, Union Meeting of Christian Churches of Bowling Green, a me­ Ill., praying for the immediate repeal of the purchasing clause morial of 43 citizens of Dayton, and a memorial of 8! citizensof of the Sherman silver-bullion act; which was referred to the Cincinnati, all in the State of Ohio, remonstrating against any Committee on Finance. repeal of the law closing the World's Columbian Exposition on He also presented petitions of citizens of Jefferson County, of Sunday; which were referred to the Committee on the Quadro­ l:o; citizens of Franklin County, of farmers and laborers of Franklin Centennial (Select). County, of citizens of ~aeon County, of citizens of Christian H e also presented the petition of H. H. Campbell and other County, and of Mansfield Grange, No. 917, Patrons of Husbandry, bankers of Cincinnati, Ohio, and a petition of the Cincinnati · of Montgomery County, all in the State of Illinois, praying for (Ohio) Chamber of Commerce, prayingfor the repeal of the law the appointment of a Senate committee to investigate the com­ providing for the purchase of silver bullion by the Government; bine formed to depreciate the price of grain, etc.; which were which were referred to the Committee on Finance...... __. referred to the Committee on Agriculture and Forestry. He also presented a petition of the Charlestown (Ohio} Farmers' ~r. BUTLER presented the petition of E. W. Metz, of New­ Association, praying for .the passage of the Washburn Hatch berry, S.C., and 20 other citizens residing in different parts of antioption bill; which was ordered to lie on the table. the United States, praying for the appointment of a Senate Mr. BERRY presented a memorial of citizens of Dardanelle, committee to investigate the combine formed to depreciate the Yell County, Ark., remonstrating against a repeal of the law price of grain and now existing between the elevators, millers, closing the World's Columbian Exposition on Sunday; which and railroads at Minneapolis and St. Louis, and asking for the , was referred:to the Committee on the Quadro-Cen tennial (Select). postponement of the Washburn-Hatch antioption bill until Mr. FRYE presented a petition of Pomona Grange, Patrons such committee reports; which was referred to the Committee of Husbandry, of Waldo County, Me., praying for the passage of on Agriculture and Forestry. the pure-food bill and the Washburn-Hatch antioption bill; which Mr. HOAR presented a petition of the St. Botolph Club, of was ordered to lie on the table. Boston, ~ass., praying for the repeal of the present law for the NICARAGUA CANAL. purchase of silver bullion by the Treasury of the United States, commonly known as the Sherman act of 1B90; which wasreferred Mr. MANDERSON, from the Committee on Printing, to whom to the Committee on Finance. was referred the resolution submitted by Mr. SHERMAN Dacem­ He also presented a petition of the Merchant Tailors' Exchange ber 22, 1892, reported it without amendment, and it was c~nsid­ of Boston, Mass., praying for the passage of House bill8535, to ered by unanimous consent, and agreed to, as follows: Resolved, That 5,000 extra copies of the report of the Committee on Foreign. . limit the amount of wearing apparel and personal effects which Relations on Senate bill No. 1218, relating to the Nicaragua Canal, and the may be admitted free of duty; which was referred to the Com­ accompanying documents be printed for the use of the Senate. mittee on Finance. He also pre sen ted the memorial of E. W. Porter, pastor, on BILLS INTRODUCED. behalf of the Waterford (Conn.) Baptist Church, and L. W. Pierce, Mr. DAWES introduced a bill (S. 3695} to ratify and confirm ' pastor, on behalf of the Waterford (Conn.) Congregational an agreement with the Pawnee tribe of Indians in Oklahoma Church, remonst.rating against the repeal of the law closing the Territory, and to make appropriations for carrying the same into

., 1893. CONGRESSIONAL RECORD-SENATE. 417 effect; which was read twice, and referred to the Committee on ADDITIONAL QUARANTINE POWERS. ll)dian Affairs. The VICE-PRESIDENT. The Chair lays before the Senate Mr. MANDERSON introduced a bill (S. 3696) for the relief of the quarantine bill. Brig. Gen. John R. Brooke, United States Army; which was The Senate, as in Committee of the Whole, resumed the con­ read twice by its title, and referred to the Committee on Mili­ sideration of the bill (S. 2707) granting additional quarantine tary Affairs. powers and imposing additional duties upon the Marine Hos­ Mr. CULLOM introduced a bill (S. 3697) to remove the charge pital Service. of desertion from the record of Wade H. Newman; which was The VICE-PRESIDENT. The pending question is on the read twice by its title, and referred to the Committee on Mili­ amendment proposed by the Senator from Tennessee [Mr. tary Affairs. HARRIS], which will be stated. Mr. QUAY introduced a bill (S. 3698) granting an increase of The CHIEF CLERK. In section 4, line 1, before the words pension to Mrs. Olivia Betton; which was read twice by its title, "Marine Hospital," insert "Supervising Surgeon-General of and referred to the Committee on Pensions. the; " so as to read: Mr. GALLINGER introduced a joint resolution (S. R. 133) That it shall be the duty of the Supervising Surgeo~-General of the Ma­ instructing the Secretary of War to cause an examination to be rine Hospital Service, under the direction of the Secretary of the Treas­ ury, to perform all the duties in respect to quarantine and quarantine regu- made of the piers of the Aqueduct bridge, and the District Com­ latbns, etc. ' missioners to furnish a statement of e.xpenditures on account of COINAGE OF SILVER. said bridge, since it became the joint property of the United States and the District of Columbia· which was read twice, and Mr. McPHERSON. Mr. President, in accordance with the referred to the Committee on the District of Columbia. notice peeviously g-iven, I desire to call up Senate joint resolu­ tion 126, which I had the honor to introduce a few days ago, and REPORT ON CATTLE DISEASES. I ask that it be read. Mr. McMILLAN submitted the following concurrent resolu­ The VICE-PRESIDENT. The Chair lays the joint resolution tion; which was referred to the Committee on Printing: before the Senate. It will be read. Resolved by the Senate (the House ot Representatives concurring therein), That The joint resolution (S. R.126) authorizing and directing the there be printed of the special report on the diseases of cattle and cattle Secretary of the Treasury to suspend all purchases of silver bul­ feeding, prepared by the Bm·eau of Animal Industry of the Department of lion, as provided in the act of July 14, 1890, was read, as follows: Agriculture, 100,000 copies, of which number 30,0:>0 shall be for the use of the Resolved, etc., That the Secretary of the Treasury be, and he hereby is, au­ Senate, 60,000 for the use of the House of Representatives, and 10,000 to be thorized and directed to suspend, until otherwise ordered by Congress. all distributed by the Secretary of Agriculture. purchases of silver bullion as provided in the first section of the act of July 14. 1890. entitled "An act directing the purchase or silver bullion and the issue REPORT ON SHEEP INDUSTRY. of Treasury notes thereon, and for other purposes." Mr. McMILLAN submitted the following concurrent resolu­ Mr. McPHERSON. Mr. President, I ask to have read what tion; which was referred to the Committee on Printing: I send to the desk. Resolved by the Senate (the House of Representatives concurringthenin), That The Chief Clerk read as follows: there be printed of the special report on tht> sheep industry of the United States, prepared by the BureJ.u o! Animal Industry or the Department of Ag­ We denounce the Republican legislation known as the Sherman act or riculture, 35,000 copies, of which number 10,000 shall be for the useo!the Sen­ 1890 as a cowardly makeshift, fraught with possibilities of danger in the ate, 20,000 for the use of the House of Representatives, and 5,000 for dil:.tribu­ future which should make all of its supporters, as well as its author, anx­ tion by the Secretary of Agriculture. ious for its speedy repeal. We hold to the use of gold and silver as the standard money of the country, and to the coinage of both gold and silver OBSERVATIONS OF NAVAL OBSERVATORY. without discriminatjng against either metal or charge for mintage, but the doll~r unit of coinage of bWashington Observations," for the years 1889, t.his policy as especially necessary for the :protection of farmers and labor­ 1890,1891, and 1892, be printed, and thatl,SOO additional copies of each volume ing classes, the first and most defenseless VIctims of unstable money and a be printed, of which 300 shall be for the use of the Senate, 700 for .the use of fluctuating currency. the House, and 800 for the use of the Naval Observatory; and, furthermore, that 1,200 separate copies of each of the astronomical appendices, and 1,000 Mr. McPHERSON. Mr. President, this is the proclamation separate copies o! the meteorological and magnetic observations, extracted of the Democratic party innationalconventionassembled inJune from each of the above volumes, be printed for the use of the Naval Ob­ servatory. last in the city of Chicago. That convention was composed of TREATY WITH lNDIANS OF OREGON. delegates representing every State, every hamlet in the Ameri­ can Union, and the convention almost unanimously, and without The VICE-PRESIDENT. The Chair lays before the Senate division, voted down every amendment that had for its object to I , a resolution coming over from a previous day, which will be read. bind the national Democracy to the support of a different policy. The Secretary read the resolution submitted by Mr. MITCHELL The delegates there assembled seemed not to be oblivious to the on the 7th instant, as follows: fact that a crisis, fraught with great distress and danger to the Resolved, That the Secretary of the Interior be, and he is hereby, directed Republic, bad been raached in the financial affairs of the Gov­ to transmit to the Senate a copy of a treaty negotiated by Joel Palmer, then superintendent of Indian affairs for the TeiTitory of Oregon, on or ernment, and they enjoined upon those temporarily intrusted about the 11th day of August, 1855, with the various Indian tribes inhab­ with leadership in legisiation and in administration, that the iting the coast of Oregon from the Columbia River to the California line, perils which threatened us demanded the prompt and E:!peedy re­ consisting of Tillamook, Coos Bay, Coquille, Too-too-to-ney, Chetco, Siuslaw, Clatsop, and Lower Umpqua Indians, and whereby they, it is alleged, ceded peal of the Sherman act. That in the coinage of both gold and all the country claimed by them between the country theretofore ceded by silver the dollar unit of both metals must be of equal intrinsic various other treaties and the Pacific Ocean, estimated to contain 5,0JO,OOO and exchangeable value. acres of land, and by the terms of which it is alleged there was a reserva­ tion of a tract of country on the coast within the limits of the coast reserva­ And to make this command still more emphatic, we insist(say tion established by the President, estimated to contain 750,000 acres; and they) upon this policy a'3 especially necessary for the protection that the Secretary of the Interior be further directed to advise the Senate of farmers and laboring classes, the firat and most defenseless whether such treaty was ever transmitted to the Senate for ratification; also whether the United States, if said treaty was not ratified, has acted upon victims of unstable money and a fluctuating curi'ency. the terms stipulated therein and received the benefits of the cession therein Assuming as we "must, I think, that to the Democratic national provided; and if so, whether said Indians were ever paid the amounts stip­ convention, constituted as it is, and to it alone, belongs the ulated in such treaty to be paid to them for and on account of the lands so ceded, and if so, when were such payments made; and further that he ad­ right to determine, define, and proclaim the faith and policy of vise the Senate fully whether such treaty became operative and whether the the party at least to those citizens who give to it their alle­ terms thereof or any or them have been enforced against the Indians, or the giance-is it not also fair to assume that neither Democratic stipulations therein complied with by the United St:ttes. President, Senator, or Representative in Congress will arrogate The VICE-PRESIDENT. The question is on agreeing to the to himself absolute liberty of judgment and action-eveQ. to the resolution. extent of nullifying the pledges made by party to people-upon 'The resolution was agreed to. a subject so vital to them as a possible violent change in their entiremonetarysystem3 It was upon the strength of this pledge, PRESIDENTIAL APPROVALS. made in national convention, that gave to Mr. Cleveland more A m essage from the President of the United States, by Mr. 0. than one hundred electoral votes, not one of which he could L. PRUDEN, one of his secretaries, announced that the President have received without it. And now that the Democratic party had on the 7th instant approved and signed the joint resolution is soon to ba in absolute control of the legislative and executive (S. R.112) to print and bind 2,000 extra copies each of the Drill departments of this great Government in all its branches, the Regulations for Infantry, Cavalry, and Artillery. people, alarmed at the present situation, demand to know when The meE:sage also announced that the President had on this and in what mode this pledge is to ba fulfilled. day approved and signed the joint resolution (S. R.123) to fill In obedience to this command, and in apparent fulfillment of vacancies in the Board of Regents of the Smithsonian Institu­ this pledge, the distinguished Senator from New York [Mr. tion. HILL] introduced a bill to repeal the Sherm:m act of 1890. As~ XXIV-27

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418 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

foil to this bill, the distinguished Senator from Nevada [Mr. I the developed commerce of the world, which finally rests upon STEWART] again vaults into the arena with all his old-time vigor the intrinsic money of the world, it will be found impossible for for the dollar of the daddies and open mints. AI; the direct, re- the volume of b oth the metals that the bounty of nature could sponsible representative, we assume, oi the new party the distin- yield to the urgent labor of man to perform the taBk. This guished Senator has done so much to create, and while defiantly credit is almost without a figure a vast globe, and this service of dangling at his belt the bleeding scalps of a goodly number of the precious metals to sustain it is that of an Atlas upon whom ambitious Republican statesmen, he gives notice that preceding the whole fabric rasts. All attempts to find a permanent endur­ the repeal of the Sherman law provision by law must be made ing support for domestic circulation and for participation in for the free, unlimited coinage oi the standard silver dollar. commerce, upon less than the broad basis, the united strength, The Sherman law (so called) which we seek to repeal was a firmness, and fixity of the two metals which should m.ake one mere political contrivance (receiving in this Chamber only Re- money out of the two metals for all the world is a vain hopa and publican support), invented and intended to hold the silver-pro- invites disaster." ducing Stat es in the West, then wavering in their allegiance, This I believe to be the opinion and firm conviction of a large :firmly in the Republican column. The public interestwasthus majority of the p eople of the United St:l.tes; in other words, the sacrificed to partisan advantage. Its all-sufficient justification people are bimetallists. The number of people in this country was found in the per petuation of the rule of the Republican party, who will advocate monometallism either in gold or silver, or notwithstanding it was plainlyapparentto everyreflectingmind who will approve legislation that will tend to drive or drift us that under the operation of this law, if long enough continued, to monometallism of either gold or silver is infinitesimal. our coin currency must be silver, and silver only. It was fur- Neither the "gold bugs, nor the ''silver barons" (so called) ther apparent to the people that no relief from this incubus was would consent to a policy which they foresee will tend to sup­ possible except by the united action of both Houses of Congress press one-half the intrinsic money of the State. All concede and the concurrence of the Executive. that with both metals acting in harmonious relationship as The American people were thus bound hand and foot to the money its base has often been found too narrow; with but one it terms of the definite alliance made between the Republican may be positively unsafe. party, to which party many had given their allegiance, and the What then are the essential features of a bimetallic system of mine-owner, under and by virtue of which alliance the people currency which our people favor and advocate to the fullest ex­ were made to take all the risks, to bear all the losses, while the tent consistent with the safety of the :finances? mine-owner gets all the profits. • First. "An open mint ready to coin any quantity of either gold Is it any wonder then that the people now begin to see with or silver which may be brought to it." clearer vision the aims and intentions, the object and purpose of Second. "The right on the part of the debtor to discharge each political party, and are engaged in new and more earnest his liabilities, at his option, in either of the twometalsataratio efforts over policies that are irreconcilable, over measures that fixed by law." are inherently and inevitably in conflict. Under this true definition of bimetallism neither the United But more, if permitted to diverge a moment from the line of States nor any state in Europe can be said to have a bime­ myargument to give additional reasons why the people recent_ly tallic system of currency, while prior to 1871 the United States denied to the Republican party the support they had so long and nearly all the great states of Europe were bimetallic states, accorded to it and turned for relief to the Damocratic party. s~ v e England and Portugal. The people had seen the Republican party make also a definite BIMETALLISM ABANDONED. ~lliance r~f t~e m~nufactur~ng and corp~rat~~n c~as~es, to t¥:-e Germany was the first to break loose from the great group of mjury o o er c asses, an more recen Y ey a seen IS states which had used silver and adont a gold standard, and the alliance renewed and strengthened. l:" And it had been further agreed, as a part of the bond between United States, in 1873, joined Germany and other states of the Republican party and its mercenary allies, that as the first Europe in destroying the relation which had theretofore sub­ expressions of popular wrath would be felt in the popular branch, sis ted between the white and the yellow metal. The Scandina- . · f bs"d" uld b d t f th vian states followed the lead of Germany and discarded silver, appropnatwns or su 1 Ies wo em& e par 0 e permar while the states of the Latin Union, unable to absorb in their nent annual expenditures, in order that a Democratic House might not take from the corporations the people's forced contri- circulation the surplus silver of Germany without the loss of butions. , their gold, closed their mints against silver. The fall of silver The people had seen the virtues of popular government; and was easy to foresee. It was inevitable. The mischief was al- b h ld th · f t b 1" h f ready done. The die completely cast. they then e e e vices 0 a governmen Y an ° Igarc Y 0 To prohibit in ten great states, first in civilization, in finance, m~~!y had seen the elections, once pure, become matters of an- and commerce, the mintage of a metal which had hitherto en­ nual bargain between the candidates and their supporters, and joyed like mint privileges with gold and to expect this metal · t th 1 t• · ill t f ld would maintain its former value in the face of the most unpar- money poured m 0 e e ec Ions m ro ng s reams 0 go - alleled silver nroduction would be inconsistent and absurd. money, the only and one thought, from the pious cabinet minis- The effect of the demonetization of silver by Germany was ter to the poorest wretch whose vote he b_uys. They had seen individuals and giant corporations given sane- threefold; it not only overloaded a market more than supplied, tion to oppose the people, and they had seen these beneficiaries but also a cessation of the demand for fresh silver, and the in­ of Republican favor return at each succeeding election with mil- creased demand for gold. lions more for fresh riot. Moreover, the public mind in Europe now seems to be under- The Democratic people in national convention declared their going a change not unfavorable to silver. "Other European na­ abhorrence of all these evils existing in the Government and made tions, jealous of the growing financial power and commercial it the duty and the mission of those intrusted with the responsi- progress of England, where a monetary system based upon the bility of making their laws to stamp out these evils. Especially gold standard had been long in use and had satisfied all there­ and expressly did they enjoin upon their servants in Congress, quirementsof thatcountry, sought for some advantage by which, I• " that in the coinage of both gold and silver, the dollar unit of without too great loss, to change their money standards." Gar­ both metals must be of equal intrinsic and exchangeable value, many succeeded, and as to other great states the purpose seems and that all paper currency shall be kept at par with andre- not to have been entirely abandoned. deemable in such coin;" that the cowardly makeshift known This declaration seems to be justified in the views expressed as the Sherman law must be repealed. and the votes cast by the European delegates in the several in- Mr. President, gold and silver are something more than mere ternational monetary conferences which met in Paris in 1867, commodities; they are the only monetary metals, and as such 1878, 1881, and 1892. It is further apparent in their persistent are distinguished from all other metals_and all other commodi- hungry demand for gold to strengthen th eir gold reserves. ties. INTERNATIONAL CONGRESSES. In the international monetary conference which met in Paris In view of the fact that the United States had invited two and in 1881, the Hon. William M. Evarts, then a delegate for the recently called for a third international monetary congress, I United States, voicing the sentiment and contention of the peo- will refer briefly to this subject. It will be remembered the ple of the United States in that conference, spoke, not precisely conference of 1867 recommended a gold standard, and the legis­ in words but in substance, as follows: lation of Germany in 1871 was strictly in line with the recommen- '' Since the days of barter, both gold and silver have been used as dations of that Congress. The conference of 1878 wa-s called at the money by civilized nations upon some accepted relative ratio of urgent request of the United States. The invitation was freely value. There has been no single period in history in which responded to by all the important states except Germany; but their united strength was more than adequate for the unfolding though the delegates were present in the body, they were ab­ - process of society in the intarchange of the products of the sent in spirit. Our invitation was accepted more in a spirit of world, by providing therefor an intrinsic money with which to courtesy than born of a desire to establish a fixity of ratio between me~ure values. If to this we add the wide expanse of credit in gold and silver and such mint regulations as would make one .. . : ... ,

1Sv3. CONGRESSIONAL RECORD-SENATE. 419

money out of the two metals. The conference of 1881 again in­ and, if true, it is not surprising-this legislation was made at a vited by us was a repetition of the preceding one in respect of re­ time we were using neither silver nor gold as the practical and sults. present money in daily use, when silver at the ruling ·ratio With the exception of the delegates fl·om the United States, was worth more than gold, and the public mind was inattentive none of the delegates there present were armed with authority to the consideration of a question so important to the interests to do more than simply discuss the question and report to their of the State as a change in their money might exert." respective governments, while the delegates from England and Following the lead of Germany, yet unlike Germany, we had Germany.expressly disclaimed all intention upon the part of no silver in circulation and none to sell. Germany had botlM these states to open their mints to unrestricted silver coinage The flame which was started by Germany and fanned into fury upon any ratio or any terms whatever. Mr. Cermichi, a dele­ by the United States became a great conflagration which threat­ gate from France, and an earnest bimetallist, speaking for France, ened with destruction the bimetallic mints of Europe, who for said that if the four great nations-England, Germany, France,· safety had closed their door3. 0! all the causes which produced and the United States-would join the bimetallic union, the suc­ a descent in the value of silver our demonetization act of 1873 cess of bimetallism would be an assured fact; that if but three was the most potential. The position of the United Sta'tes was should join the alliance, bimetallism was still -possible; but with unique among the nations. Her nationality had been tested and only France and the United States, it could only result in failure. proven, and henceforth her right to primacy and her power to The royal commission which met in London, after scanning dictate policies undisputed. The civil war left us with a burden the silver question in all its aspects, made its final report to Par­ of debt, which in its volume appalled the world. liam~nt in 1888. The repor t ends as follows: Our currency consisted solely of paper promises, for there­ No settlement of the difficulty is, however, in our opinion, possible with­ demption of which no provision had been made, but which the out international action. existing coinage laws gave to us the option to pay in silver as Since these words were spoken, owing to the great develop­ well a.s gold. An early day fixed for resuming specie payments ment in silver-mining, the supply of silver relatively to gold had unitedly with France and the states of the Latin union we could vastly increased, while the demand for it relatively to gold had have absorbed the surplus silver of Germany, leaving the ratio diminished, raising new and unforeseen barriers to a bimetallic between the two metals intact and undisturbed. As an aid tore­ union. • sumption the united strength between the white and the yellow Notwithstanding conditions had radically changed, the Presi­ metal circulating together as ~oney was sadly needed, and, as dent resolved to makeonemoreefforttosecure the cooperation of events have shown, well nigh indispensable. The moral effect the great monetary powers of Europe in rehabilitating silver to its of this action by the United States in her day of great financial former position as one of the monetary metals. The President distress and danger was alarming to the bimetallic states of of the United States again extended the invitation-and the con­ Europe, and decided for them a future policy. The fall of silver gress of 1892 was the result, with the end an absolute failure of was inevitable. Since 1873 that metal, grown old in the service the recent congress; and I assume no Senator will claim for it and which had for more than one hundred years kept step with anv other result, in view of the fact that the conference was gold, has grown weaker in its strength until it is no longer a cailed with the object of securing an international common giant, but a -pigmy, in the operations of commerce. ratio, and open mints for the coinage of both gold and silver, The coinage law of 1878! which remonetized silver and pro- and this object found no sympathy among the delegates from . vided for a limited coinage, was salutary in many respects. It European states in that congress. It is therefore fair to assume served as a notice to the world that we had discovered the fault that European states are satisfied with their monetary systems committed in 1873, and stood armed and ready to join other and conditions, and are not ambitious to assist us in remedying nations with whom we were then negotiating, in taking radical the faults which confessedly exist in ours. steps to alleviate the resulting misfortunes. In the presence of But, sir, I can not refrain from saying that in my judgment, the law itself our sincerity must remain unchallenged and undis­ considering the absolute failure of all former conferences in which puted. the United States always took the initiatory, the recently called It aided resumption by enabling us to give coin in exchange congress was a great mistake, in that it seemed begging Europe for the paper issue to the extent that coin was demanded. But to confer with us again, thus lowering the dignity of the Govern­ more, it was the foundation upon which we built our hopes for a ment and, to use the language of a distinguished English states­ safe, permanent, enduring, bimetallic alliance. man, "that, considering the present infirm status of silver, to­ The failure of all our efforts in 1878 and again in 1881 to secure gether with the persistent purchase of silver by us, our action a bimetallic union should have been followed by us with a sus­ appaared childish in the eyes of other people." pension of the coinage of the standard silver dollar. Our mints But this is not all. once closed should remain closed until an agreement with other Our persistent pleading for a new conference every few years nations was reached. What we could not obtain by policy, can only tend to confirm the impression, now almost universal through diplomacy, we should have attempted to secure by in Europe, that we are fast driving to silver monometalism and force. Who can say that if this course had been adopted bimet­ open mints, and when that point is reached they may, if so in­ allism would not to-daybe an assured fact? Who can doubtwith clined, exchange their silver for our gold at the ratio of 16 to 1. fourteen years of experience to guide us that any other remedy I think it safe to assume that the new conference will end as all is left us now? Senators who consider bimetallism in all re­ the others have done, with their mints closed against silver, they spects to be preferred to silver monometallism will think se­ continuing to maintain an attitude of armed neutrality in respect riously of the words I have spoken. to silver, while viewing with composure the purchase by the If the course I suggest be chosen, impetus will be given to the United States of one-third the annual world's production for use decision of the following questions: iL our circulation. (1) "Will the restoration of silver to permanent monetary When the Congress of 1878 met and parted the bullion value equality with gold by joint adion of nations be beneficial to all? of our silver dollar was only 7 cents less than that of the gold (2) "Will they now join the United States to promote mone­ dollar, and now it is 36 cents less. Considering the present in­ tary union?" firm position of silver, the prodigious increase in silver produc­ The question is of decisive practical importance in showing tion coupled with the diminution in demand for coinage purposes, whether we are to have an international or merely a national what necessity or what advantage have Germany or the states monetary system. Having waited a long period of monetary in­ of the Latin union (all of whom have their silver coinage full and action, except to pass into a law, the political contrivance popu­ no use for more) to join the United States in making a market larly known as the Sherman law (of which I will speak hereafter), for silver? Just so long as the United States persists in the pol­ are we not now impelled to adopt Europe's antisilver policy; icy of subtracting fifty-four millions of silver 8J1I1ually from the suspend further purchases of silver under the Sherman law, and world's supply to lock up in our min~, with such added induce­ await events? ment for delay as the near prospect of open mints would give, I If I were asked to predict with precision the effect of such ac­ can conceive of no statesmen or financier worthy the name in tion upon other monetary nations owning and con trolling a great Europe who will not counsel his government to pursue a policy mass of silver, estimated in value at four thousand millions, of of absolute neutrality, while the United States are willing to go which we possess but a fraction, I would say, ''that a further drop · it alone in sustaining the silver market. Moreover all the states in the value of silver, which would be inevitable, would produce of the Latin union may decide for a single gold standard and have such a revolution in Europe-both in standard and in senti­ silver to sell, which, with free coinage here, would enable them ment-as would demand an international monetary congress, to sell. where we would b3 in a position to dictate the terms of settle­ SU..VER DEMONETIZE.D. ment." The Congress of the United States demonetized silver in 1873. A bimetallic union which does not include the United States The coinage act of 1873 was passed by tb.e votes of Senators and can never exist-and, having the power, it is our bounden duty ~embers, as shown by the RECORD, who have since disclaimed to take the offensive and settle this war between the standards all knowledge of the transaction. "Assuming this to be true- without taking revenge upon ourselves.

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420. CONGRESSIONAL RECORD-SENATE. .J .ANUARY 9,

DIVERGENT VIEWS. demonetization of the silver dollar ha:i been recommended by Two divergent viewa as to the line of action to be followed have three successive Secretaries of the Treasury and had been dis­ wide acceptance among the true and firm friends of bimetallism. cussed in newspap3rs and bankers' magazines. The bill to effect The views of one portion of our people find expression in the bill this purpose bad b~en thirteen times printed and had been before now pending in the Senate, which provides for the free, unre­ five differant sessions of Congress. There was no concealment stricted coinage of both gold and silver as the best if not the only or attempt at conc ~ alment. The fact is apparent by the rec:>rd road to the desired goal. Another portion, which includes, as that it was read in both Houses of Congress and passed in both. I believe, a large majority of the earnest friends of bimetallism, That fact alone should be sufficient for us at this late day with­ condemn this policy as one fraught with disaster and which will out further question as to the order of the proceedings. inevitably defeat bimetallism and make silver the sole standard If, however, this charge be true, I respectfully ask: Can you of value, the only coin currency in use. And further- .right the wrong done to the debtor class in 1873 by correcting That no one nation acting alone and independently can exert in 1892 the legislation that made that wrong legal? Is it repa­ a tithe of the strength required to lift the market value of the ration of a wrong to punish the innocant craditor of to-day be­ world's bulk of silver and the annual product of the mines from cause a wrong was done to the debtor of nineteen years ago? the present price of 83 cents per ounce to the par of exchange What we have done, is done. What we are now to do is the witb. gold. all-important question. The bill before the Senate (Mr. STEWART's bill) proposes that DEPRECIATED SILVER COIN. the United States, single-handed and alone, shall undertake at ''The governments of Europe, as well as our own Government, once this gigantic financial experiment. Before embarking upon are to-day upholdin_g- depreciated silver coins by the pled.ge of this vast sea of conjecture, without chart or compass, it behooves their credit to the redemption of their coins in gold. It is those who advocate this mea.suretoshowsomepresentandpress­ equally true that their nominal value is far in excess of their real ing necessity of the Government for this leap into the dark. value." Without waiting for the present international conference to At the present moment. on both sides of the Atlantic, gold finish its labors, or testing the virtue of a policy that will force alone has the right of unlimited coinage, and is the only true Europe to ask for one, as has been suggested, and which I think instrument of exchange. infinitely the wiser and b~tter course to pursue, you deliberately Since 1878 there has not been a standard siivercoinminted by pass a bill which will make bimebllism impossible in the future, any bimetallic State that has not been kept in circulation, if at and which, in effect, will sacrifice the public interest to a private all, at par with gold by the credit of the issuing State. With int3rest. paper money, or with all money that has not a full intrinsic value, If no necessity is felt to meet the demands upon the Treasury; it is the credit of the Government that makes the value. none in foreign or domestic commerce; with the volume of cir­ D ~·op a g0ld dollar into the crucible and the molten mas3 is still culation greater than ever before, and if enlarged tenfold it worth a dollar without the Government stamp. Drop a silver would not help a single impecunious man to another dollar who dollar into the fire and it now returns vou but 64: cents. could not give a tempting equivalent in exchange for it, why, I The silver miner. for his own gain,~ demands that a stamped Eay, adopt this radical change in our monetary system and in­ credit be given to 37H grains of silver to make it equal to the vite the world to belch their stores of silver upon our mints? gold dollar. They further demand that silver coinage be un­ The Secretary of the Treasury in his last annual report gives limited and unrestricted. Th3 audacity of this demand will be the per capita circulation on December 1, 1891, at $25.62, show­ seen and felt in the four thousand millions of cheap silver now ing that the volume of money in circulation is not only adequate in the world, coupled with the annual new product, one hundred to the needs of the country, but is very much more per capita andeighty-fivemillions,from the mines, all invited and attracted than during the so-called flush times which followed the civil to our open mints. war. The per capita circulation of England, whose foreign com­ Mr. TELLER. Will it disturb the Senator if I interrupt merce leads the world in volume, compared with ours is as 17 him? to 25. This is approximately true also of Germany, which is 16 Mr. McPHERSON. If the Senator will wait until I get to 25. through. as I do not want to break the thread of my remarks I The most advanced commercial nations, owing to the increase will gladly respond to any question he may ask me. I think I in banking and currency expedients, use by far the smallest pro­ shall make some statements further on that the Senator will portion of metallic money in proportion to their dealings. It perhaps think require notic'3 as well. will help to an understanding what an ideal currency should be The act of 1878 provided for the coinage of two millions silver when we reflect that our total wealth is about sixty-five thousand per month, the same to be increased to four millions per month, in millions, while the total amount of our coin and bullion is but the discretion of the Secre tal'y of the Treasury. Notwithstanding the one-fiftieth part of this immense sum. Domestic and for­ four distinct administrations ha:i come and gone, administra-· eign commerce has for its ultimate object simply an exchange tions represe:ntin_g- both political parties, controlled and directed of commodities. Take for example the vast operatious of the by the leading minds of each party, respectively, not a Treasury clearing house, which collects and pays credits and debts amount­ minist3r had coined a single dollar in excess of the law's re­ ing weekly to quite one thousand millions, using scarcely 4 per quirement, and all without exception had asked Congress in cent of actual money in the exchange. behalf of the public int3rest to suspend the coinage. The con­ "By means of accounts current one purchase is made to bal­ servative action of the S enate in 1878, coupled with the true ance another purchase, and one debt to cancel another debt. conservative policy of the T1·easury since. has enabled us to use Banks and bankers issue bills of exchange, letters of credit, a large quantity of silver in our circulation and maintain our notes, and drafts, which largely take the place of coin. Banks silver coin on a parity with gold coin. t ransfer credits between individuals, and clearing houses trans­ With free coinage of silver this could notcontinue. The first fer credits been banks, so that immense transactions are carried shipment of silver from abw:td will deplete the Treasury of its on with a very small use of money." gold, and gold payments will cease. Whenever the Traa.sury is No stronger proofs of the heights of civilization in this coun­ ne>longer able to maintain the parity between the gold and sil­ try can be adduced than that we use seven kinds of money, all ver coin, the public must look out for themselves. Gold is, then, maintained at the gold value, with perhaps not 1 par cent of at a premium, and it will retire from circulation. Its weaker gold monev used in all these immense transactions. Gold, the and cheaper companion, silver, has come to perform its functions unit and standard of value, is-but littlemore than the yardstick as money, and gold will go where it is more appreciated. to measure tb.e value of the commodities to bs exchanged. The effect of this legislation will be to enable France, who is FRAUD CHARGED. not bound to us by monetm·y treaties, to join England and Ger­ It is said, and with much emphasis, until the public mind is al­ many in adopting the gold standard, while we will be forced most convinced of its truth, that the demonetization of the silver fro:n the gold plane, wh ~ re we now stand, to a silver plane, dollar in 1873, debarring it from the currency, was conceived in whatever that maybe. But it ia asked, silver being a legal ten­ fraud of the debtor class, and that the legislation was made upon der concurrently with g-old, where is the depreciated currency the demand of the creditor class. Admit, if you please, all that to be found? We are reminded that from the beginning of the is charged against it; admit that it was conceived and passed 'in century down to 1873 the gold and silver coins, if based upon the fraud; still the law remained, with all its direful effects, until ratio of 15! to 1, had not suffered an extreme variation of more all bimetallic states had changed, either permanently or in prac­ than 3 per cent. And that the average variation, covering the tice, from the bimetallic standard to the gold standard. Is it whole period, bacl bavn infinitesimal. not true that in 1873 the silver dollar had been treated ag obsolete That during this period there was a constant par of exchange and had not been in circulation for forty years; that it was con­ at the ratio of 15 to 1 between the silver rup~e and the gold sov- fessedly worth more than the gold dollar? ereign. · Wby, then, should thecreditorconspire and maneuver in order The friends of free coinage seem to be oblivious to the fact that not to be.paid in the most valuable coin? This in itself repels the cardinal principle of bimehllism had been abandoned by the the idea that thera was any evil animus in that legislation. The bimetallic world between 1873 and 1876, when they resolved that I .

1893. CONGRESSIONAL RECORD-SENATE. 421

silver coinage should be limited. They do not seem to realize pure silver or gold in it will purchase abroad as well asathome. that it is only the legal-tender quality imparted to silver by Only by keeping the intrinsic equal to the nominal value can a legislative decree, and upheld by the credit of the Government tru1y honest currency be maintained; only in this way can per­ that now exempts the 64-cent dollar from the category of mer­ sonal property or real estate be correctly valued, and only in this chandise. That while the Government can fix the value of the way can a dollar's purchasing power remain co::>.stant." silver dollar for the payment of existing debts, it is beyond the The speculator alone delights in a fluctuation in the value of power of the Government to fix its value for any other purpose. money, for it opens to him new chances of gain. A .fluctuating A positive law may render 64 cents a legal tender for a dollar, coin, always uncertain in value, is most deadly to the interests but no law can oblige a person who has goods to sell, and may sell of the poor, for they have the least power to protect themselves or not as he pleases, to accept 64: cents as equivalent to a dollar in against it. They are the first to suffer from a decline in the the pric3 of them. Let there be no illusions upon this subject; value of the currency and the last to recover when improvement discOl.:nt on silver means premium on gold. If the law of supply b2gins. and demand be not a falsity that premium under free coinage COST OF SILVER. must increase except we have the support of other great financial ·In view of the legislation here propo3ed it is evident that the powern. . , future prospects of silver production will hava an important bear-· Free coinao-e means to absorb the silver of the world and place ing upon the issue involved.. It is conceded by mine-owners that us at onc..3 up"'on a silver basis side by side with China and India. owing to new and improved appliances now employed, in com­ Free coinage will drive gold out of circulation, except at a parison with the methodsof five years ago, the cost of producing premium, to be followed by all the new gold received from the silver is very much lessened. In proof of this we need only point mints. If the experience of the past is any guide in the affairs to the fact that for many years the world's producti.:..n of silver of men, the history of the world teaches that when one of the has piled up in rapidly increasing ratio, until in the year 1891 it metals becomes overvalued in the ratio it drives out the other rea-ehed the enormous amount of 1-13,000,000 cunces as against metal, although the variation may not exceed 1 or 2 per cent. 58,000,000 ounces in 1873, while the price it b!'ought in the ~ar­ A practical illustration of this will be found in the monetary ket was the very lowest recorded in our history. system of France, which, in 1851 was practically bimetall'tc. At The market value of an ounce of fine silver is about 84 cents; the time when the increased supplies of gold began to be placed the average cost of the production of this silver, according to upon the market from the mines of Australia and California the the reports of Prof. Austen, of the Royal Mint, and of Mr. Kirp.­ French currency had ceased to be bimetallic. The large influx ball, director of our mints in 1887, was about 52 cents per ounce, of gold altered the relative value of the two metals; gold be­ leaving a clear margin of profit, under the more costly methods came overvalued in the ratio and silver undervalued. The latter of mining and reduction then in use (and a much greater margin metal was consequently withdrawn from France for export to the under present methods), of 32 cents per ounce, even when meas- East and other places, and the overvalued gold took its place in ured by the lowest prices silver has yet reached. . the currency. A careful investigation into the present cost, under new meth­ Again, the original ratioofsilverto gold adopted by the United ods and conditions, of producing an ounce of fine silver in the States was to make 15 grains ofsilverequal1 grain of gold. This UnitedStates,gatheredfrom themintandcensusreports, together undervalued gold and made it cease to circulate. In 1834 we with such other confirmatory evidence as is furnished by the pub­ changed the ratio to 16 to 1. At this rate up to 1873 silver was lic press, mine-owners' reports, and from private sources, impels undervalued, and it left us, so that we were forced to debase our me to say that the avera~e cost of producing an ounce of fine subsidiary silvercoins to keep ourselves in small silver for change. silver is less than 35 cents, which gives t() the standard sirver If, therefore, from 1795 t~ 1873 ~change in the ratio between the dollar a cost value of 26 cents. (See Appendix A.) small limit of 15 to 16 caused gold and silver alternately to flee It will thus be seen that silver mining is the most profitable the country, how mor3 c 3rtainly with a ratio of 24 to 1, now ex­ of all the industries of the United States, even il profits are isting between thA Yalue of silver and gold, will the standard sil­ measm•ed by the highest estimates of cost and at the lowest sell­ ver dollar you propos3 to coin become the only standard of value ing price we have ever known. If we assume that free coinage and cause gold to fl~e from the country. in the United States will give an increased demand for silver Congress can issue either kind of money it chooses, silver or and tend to increase its market value does it not necessarily fol­ paper; the coins to contain as many grains of silver as it decrees, low that production will also increase? It would stimulate the and the paper to read upon its face as many dollars as it wills to ardor for new discoveries, increase the output from mines now • print; and by making such moneys legal tender it confers on working, and cause mines now temporarily abandoned to renew them debt-paying power, but this is not to confer on them future workings. purchasing power, although it may favorably influence that power What the annual output of silvet• in the United States will be for a limited period. With silver only as the medium of ex­ if we pass this bill and give to each ounce of silver now worth ~4 change, all existing debts must be paid in legal-tender silver cants a debt-paying power equal to $1.29, is beyond our power to coin. The bonds of the Government and the interest thereon­ estimate, but that it will exceed the full capacity of our mints to State, county, municipal: railroad, industrial, and all other bonds, coin I have no doubt. Why subsidize the mines more than other repres3nting untold millions-not specifically redeemable in branches of business, and why subsidize them at all at tbe ex­ gold. will be paid in silver. . pem:e of other industries? ''The savings banks, life insurance, and trust companies are the agents for the safety of deposits, made usually in small THE AMERICAN FARMER. amounts by the poor and helpless, who have not sufficient money It has been repeatedly stated in this Chamber and elsewhere to start business on their own account. These institutions are the that the low price of silver enabled the Indian ryot to take the depositories of the laborer for all earnings in excess of that re­ wheat and cotton market in Europe from the American farmer; quired _for food and clothing, and their deposits are loaned by and that the only remedy for the ills which affiicted the farmer these institutions in aggregate sums to those great enterprises was to join the mine owner in the cry for free coinage, thus rais­ in which labor finds its employment. The mite which the ing the gold price of silver equal to gold, and in this way de­ laborer loaned, tog-ether with his neighbor's mite, has given feating Indian competition. 'l'he profit of the mine owner, if speed to the wheels of industry, made a greater demand for his successful in this, is as easy to compute as counting the fingers labor, and thus enabled his capital to help the work of his hands. of the two hands. It would simply add 56 per cent to the pras­ If you pay him in silver coin worth 64 cents on the dollar you rob ent value of the-silver stock on hand, leaving future gains sub­ him of 36 cents on every dollar already earned." If this is not ject to futu1'e fluctuations in silver. Pitrtial repudiation, I know not what to call it. Assuming, as I think we must, that production would be stim­ And, ao-ain, what will be the effect upon the laborer's futLlre? ulated and vastly increased, and that other nations will continue " If yo~ make money cheap what will b3 the effect on the man to discard silver, this proposed change in our mint laws, giving who earns and lives on wages? If you lower the purchasing to silver the monopoly of the mints to the certain exclusion of -power of your money, you: in effect, increase the cost of the gold, will continue to inure to the benefit of the silver mine un­ things that labor buys. Labor does not go up as fast as other til we have reached the limit; debased dollars will be absorbed commodities, because workingmen are not in a -position to con­ in our circulation. After that "the deluge." The American trol the world's labor market. Labor, therefore, will be paid in farmer produces wheat and cotton, of which he has a surplus. silver as if it wet'e gold, and will buy with silver a tits true value." Both wheat and cotton are exportable commodities; so also is Now, as the value of merchandise is estimated by its selling silver an exportable commodity, of which the world has a surplus. price in money the price of our dollar will always be estimated The Americanfarmer possesses a counky which is now upon by the amount the sub3tance of which it is made will exchange a gold basis, wh~re each dollar in circulation is kept equal to for when in the world's market or where uninfluenced by legal­ every other dollar and allmadeequal to gold. With this stand­ tender laws. ard he m easures the producing cost of all products intendedfor " The fact should be impressed upon every person's mind that domestic and foreign consumption. the true value of our dollar is the amount of merchandise the The pricec obtained for his surplus products in foreign marketa

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422 CONGRESSIONAL-RECORD-SENATE. J~ARY9,

fixes the prices for those consumed at home, and all transactions WHEAT AND COTTON. are expressed in gold-an unvarying standard. He has news­ The statement has been often repeated that the silver rupee papers and telegrams which give d~ily for~ign quotations, from will buy as much wheat or cotton in India when the rupee is which by a simple mental calculation, he lS enabled at a glance worth, as now, Is. 4d. in gold as it did when worth 2s. If this to see how much real money the product s-of his far~ will buy: statement be true, somebody is getting rich very fast out of the Neither the speculator nor the money-changer lS needed m poor ryot who grows the wheat and cotton. If the Indian ryot, the exchanae of his products into gold, and he suffers no depre­ whowearsstrawclothing, eats only rice, and lives in a mud hovel, ciation in the moneywhile the. ~xchange is in process or when is so ignorantthathe never knows how many silver rupees he is completed. This being the position of the farmer upon the gold entitled to receive for a quarter of wheat, then the Senatormay standard, ~e are now led to inquire what it will be relatively be correct in this statement; but that does not alter the fact that upon the -silver standard. the cash difference commercially between the gold price and the A change in the standard here can not affect the char:acter, silver price of wheat either at Bombay or London is exactly the habits or the standards of the people to whom he sells his sur­ difference between the market value of gold and silver bullion. plus p~oducts. London, commercially and financially speaking, (In order not to cloud the transaction I omit from the statement is the exchange, the great clearing h?use of the world: Lon~on freight and other expenses.) is the principal market for the American farmer-be~1des bemg The wheat and cotton grower in India receives his pay from the world's silver market as well. Here wheat and silver meet tb e exporter in the form of silver rupees, but the exporter draws for exchange, and the value of eac_!l is expressed. in the gold a commercial bill of exchange on London, and this bill of ex­ sovereign. The mints of Europe bemg closed to silver, ~xcept change is for gold. This gold either pays the fixed annual for limited coinao-e solely upon Government account, wh1le our stipend due to England from India, or buys merchandise to be mints are wide opoen and affording an endless outlet for the world's imported into India where it is sold for silver rupees. The com­ silver-which we are sure to get in exchange for products. In petition between Indian exporters and between Indian importers short we have exchanged the gold standard for the silver stand­ allows as little margin of profit as is possible in commerce be­ ard ~here we are forced to remain, and by this operation have tween other nations; competition, therefore, regulates the price aid~d other nations to reach the gold standard where they pre­ to the ylroducer, but owing- to the uncertain, variable, and fluc­ fer to remain. Meanwhile, the price of the farm product abroad tuating character of the silver rupeee the exporter will always is expressed in terms of ~old. . . demand a margin to cover any possible loss of fluctuation in the "The level of prices m gold-usmg countries can only be af­ money. fected by the demand for products in proportion to the supply, Gold is the standard of England and silver the standard of or minutely by changes in the relation between the volume. of the India; gold and silver have altered in relative value, but bow currency and the work it has to do, and not by a change m the does this affect articles which are interchanged between Eng­ value of the metal forming the standard of value elsewhere." land and India? In co~merce there can be no such. thing as a one-sided pro~per­ Suppose that 40s. in gold purchased a quarter of wheat twenty ity and the necessary adjustment m the levels of gold and silver years ago, and at that time 40s. was worth, say 20 rupees (2s. pri~es will therefore follow . . The variation in the value of gold per rupee). The gold price of wheat was 40s. a quarter, and 20 and silver will always show itself sooner or later in the gold and rupees would pm·chase a quarter of wheat. The price of wheat silver prices of commodities respectively. is now 32s. per quarter, and the 32s. will buy 24 rupees, so that Gold being a monopolized money ~tal having a more stable the silver price o: a quarter of wheat will be 24 rupees instead value than other monetary metals is, by general consen~ and c~m­ of 20, as before. mercial practice accepted as the only true standard with which The gold price has fallen Bs. per quarter, and the silver price to measure the v'alue of all other things, including silver. The has advanced 4 rupees. It is argued that the silver standard, standard once adjusted remains fixed and stable as a measure, therefore, is a great gain to India, inasmuch that there has been while the law of supply and demand may constantly change the less variation in wheat prices in India than in England; that in relation between the weight of wheat or cotton or silver, for ex­ consequence of this the Indian ryot puts more land in cul~iva­ ample and the weight of gold which represents it in the London tion and increases his exports; that wages and cost do not d~er marke't. The value of our farm products will be fixed by the gold materially in India, and, therefore, to enable the American price ingold standard countries who are the principal purchasers, farmer to meet Indian competition we must also open our mints and it will be paid for in silver at home. . . to the free coinage of silver. If we pass this bill, surely no other European nation Will follow If it be true that prices have not fallen in India as in England, our example or have need to do so; no international monetary con­ that production and expor:t has b Jen stimulated, that w~~es a~d ference need assemble, ior we alone have settled, for them at cost have not advanced-IS it not also true that conditwns m least the silver question by inviting their silver to our mints. India compel us to deal with India itself and alone ?-and the But this is not all; we trade with them .. Th~leyeloftheirprices rule sought to be applied is not possible in any civilized country. is expressed in gold, the leT"el of ~ur priCes m s1lver. There has Will the Senator from Nevada [Mr. STEWART], now that he been a fall in the gold price of silver of 36 per cent, and as the has his silver market secure in the act of 1890 (and I know he ratio between the level of gold prices and the level of ~ilver means to keep that much and get more if he can), dare to tell prices of commodities must ultimately conform to the ratiO be­ the farmers of the United States, our mints being open, that a tween the value of gold and the value of silver, how is this di­ standard silver dollar for a bushel of wheat is quite as good pay vergence to be adjusted? as the gold dollar for which the wheat was sold in LoD:don, The adjustment necessarily must be ~ffected by the e~port::t· when the fact is that a bushel of wheat would buy enough silver tion of silver to the United States until the value of Silver m to make one silver dollar and the third part of another one on London and silver prices of commodities in the United States on the same day in the same market. ~ ' were so affected a,s to make this operat~on no longer J?rofita"l?le. The American farmet· is usually a man of liberal education, he Th~ effect of forcing more and more _silv:er ~pon a .Clrculatwn knows his rights, and dares maintain them. The American oversupplied will be followed by a rise m silver Pr:1Ces of co~­ farmer would receive for his wheat and cotton, in silver, exactly modities, and by increased exports to Lond~n. ca_usmg a fall. m what the exchanges would give him. To illustrate: If wheat is gold prices. In this way only can the eqmhbrm~ be. mam­ worth 40s. gold per quarter in London, or $10 gold in our money, tained, and the divergence between. the t;yo currenCles,adJusted. this gold will buy enough ail ver bullion to make 16 standard silver Any divergence will always show Itself m the ex~hanges. J\ll dollars, and with open mints hemayelectbetween the exchanges the losses which the producers had suffered froiD: uhe uncerta.m and the mint. :fluctuating character ofth~ legal-tend~r notes will bl( repeated If the American people prefer t~e wea~er money of the we!'Lk and eontinued by the adopt10n of the silver standar.d .. nations, the commercial world will fix Its value. and the dally _These fluctuations will be at the cost and to the InJury of the fluctuations will be found in the market reports. producers, who are never exporters; it being ce:tain ~he ex­ porter will demand upon every purchase a suffi.Clent diScount WHEAT AND COTTON. to cover all possible risk of :fluctuation, not only in ~he va!ue of A single glance at the exports of wheat and cotta~ from those ·. the product, but also in the value of the money. Silver m all States upon which the world depends for a supply will show how European markets will circulate only a tits bullion value, and no unimportant a factor is India in influencing the ~rice of these one can be sure that it.B value will be the same in any two trans­ commodities in the world's market, and howfallacwus the state­ actions. Hence, the speculator in wheat and cotton will perpe­ ments so often made that the low prices of silver had enabled trate these little operations backward and for~3;rd upon the pro­ India to fix the price to the American producer. ducer taking to himself all the profits and givmg to somebody In 1870 the Suez Canal was opened; prior to that trade in wheat else ail the risks. The American farmer will not profit by a sin­ with India was very small. Since that year India has increased gle farthing in the sale and. exchange of his wh.eat and co.tton, the mileage of her railroad system over fivefold and has had for under a silver standard, wh1le the measure of hlS losses will be over twenty years cheap and direct transportation to the London what the speculator and money changer will get. market for her wheat and cotton.

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1893. CONGRESSIONAL RECORD-SENATE. 423_

In 1872, before the demonetization of silver, the wheat crop of ain, which was the consumer of our cotton; and for every pound the United States was 2iO,OOO,OOO bushels (I speak in round num­ of yarn India now makes which she did not formerly make she bers), of which we exported ::;7,000,000' bushels. has to that extent destroyed the market for cotton produced in Inl891 the crop was 6ll,000,000bushels, of which we exported the United States. 188,000,000 bushels. Mr. McPHERSON. I admit all the Senator says, and it is to The yearly average export of wheat from the United States for the everlasting credit of India that she has become a. great cot­ twenty years, ending withl891, was112,000,000 bushels. During ton-manufacturing country; yet she can not compete with either this entire period we have been on the gold basis. England or the United States in cotton goods. But we are now The yearly average export of wheat from Russia during the dealing with two different money standards, and the effect of same period was 62,000,000 bushels. The money of Russia, gold each upon the t>rices of commodities in the markets towhich we and paper. · send our raw surplus products. Froni British India the annual average export of wheat for the I desire to invite the attention of Senators who represent cot­ same period was 20,000,000 bushels, and, although the price of ton-growing States to a review of the cotton market during the silver has been steadily going down, her export of wheat for 1891 last nine months of 1892, as furnishing proof positive that the (fiscal year) was less than the average of the ten preceding years. price of silver had not the least influence upon the price of cot­ During these twenty years India had been upon a silver basis. ton in the open or world'smarket. It will be seen that of the entire wheat export from these In April, 1892, the gold price of cotton waso6-£- cents; the gold wheat exporting countries, covering the entire period of twenty price of silver, 87 cents per ounce. InNovember, 1892, the price years, the United States have furnished 58 per cent, Russia 32 of cotton had advan~ed to 1W cents, a rise of 50 per cent, while per cent, and India only 10 per cent. silver had declined to 83 cents, a fall of 4i per cent. Decrease COTTON, in cotton production for the same year, over 30 per cent. In1872 the cotton c~op of the United States amounted to3,000,- 000 bales, of which we exported 2,000,000. THE SHERMAN LAW. In 1891 the cotton crop was 9,000,000 bales, of · which we ex­ The act of July 14, 1890, popularly known as the Sherman ported 5,800,000 bales. law, passed by a Republican Congress and signed by a Repub­ Not only had there been in 1891 an increase over l 872 in the lican President against the protest of every-Democratic Senator, acreage planted with cotton of 131 per cent, but the production was the first step leading to the ultimate and inevitable result per acre had increased 36 per cent. so fondly hoped for by the silver inflationists. It was a signal The United 8tates had increased her production and her ex­ triumph for the silver-producers, who aim to use the United port of cotton in the year 1891, as compared with 1872, nearly States Treasury as a market for their productions, and an en­ oOO per cent. during triumph as well, in that the policy of purchasing monthly ;.. Now let us compare this record with India. In 1872 India pro­ and burying in the Treasury 4,500,000 ounces of silver must con­ duced 838,000,000 pounds of cotton, and exported 809,000,000 tinue until both Houses- of Congress and the President actjng t>Ounds. In 1891 lndia produced 1,172,000,000 pounds, anti ex­ concurrently shall condemn it. ported 620,000,000 pounds, or about one and one-hall million bales. Thepossible continued use of both gold and silver was thus Increase in c.rop in 1891, compared with 1872, 40 per cent; de­ stricken down by a Republican Congress and President for par­ crease in exports 23 per cent, and yet the silver advocates insist tisan advantage when within their power to prevent it. It is that India is taking the cotton market from the United States, proper to ask, will free coinage give more silver money than when, in realityt with silver at $1.32 per ounce in J872 she ex­ the existing law, or tend to hasten us faster towards the silver ported 188,000,000 t>Ounds more of cotton than she did in 1891; standard? Some of the most intelligent opponents of sil 'rer coin­ when silver was down to the yearly average of 99 cents per ounce, age agree that it would not. But tb.en I ask, what would sim­ or a loss of exports in 1891 with cheap silver of 23 percent below ple free coinage mean but the giving up of the use of gold for the exports of 1872 with the rupee at par of exchange with gold. the use of silver. On a gold basis the United States in 1872 produced 56 per cent In like manner, what does the Sherman law ultimately mean of the world's supply of cotton; in 1891 she had increased to 74 but giving up the use of gold for the use of silver? Silver will per cent. be attracted here just so long as the Government shall continue On a silver basis-with silver at par-India in 1872 produced to buy silver and try to maintain this equality of its gold, silver, 35 t>er cent of the world's supply of cotton; and in 1891, with a and paper dollars. Silver exchanged for Treasury notes, re­ stimulus of 40 per cent in the fall of the gold value of the rupee deemable in coin, may have a chance of redemption in gold coin, to aid production, India's production of cotton had fallen to 20 and the time may come when gold coins shall be worth much per cent. more than silver coins. These statistics clearly show that demand and supply govern The law contains no provision for the redep:1ption of the Treas­ the market value ol all products in the open or world's market, ury notes in silver bullion at its market value, or the original and that the money standards, infinite in variety as they may purchase price of the bullion. be, in the countries where they are produced, have no influence Silver is purchased at the market value, but the intention of whatever "in changing the laws of trade." the law is to redeem the notes in silver coin, and provision is That there has been overproduction of wheat and cotton and made to coin silver dollars for that purpose. The standard silver consequent low pTices will be apparent to all who will take the dollar is all the law promises the holder of the note-all else is trouble to investigate it. The increase in the world's produc­ left to the discretion of the Treasury. The requirement to pur­ tion of cotton for twenty years, ending with 1891, had been 141 chase $54,000,000 of silver per annum to be buried up in the per cent. In wheat 49 per cent, while the increase in the Treasury, unsaleable and immovable, ·causes gold to take its world's population for the same period had been only 36 per place in the foreign exchanges. By far the most serious loss of cent. gold we have ever sustained has occurred since the passage of Mr. TELLER. May I ask the Senator a question? the Sherman bill. Between February and July of 1891,,we lost The PRESIDING OFFICER (Mr. GALLINGER in the chair). in gold over seventy millions of dollars, and during the same Does the Senator from New Jersey yield to the Senator from period we hid in our vaults twenty-five millions of silver which Colorado? might in part have performed the same service. Under the Mr. McPHERSON. Yes, sir. operation of this law the Treasury notes have not assisted the Mr. TELLER. I should like to ask the Senator if he has in flow of money to the places where most needed, but have re­ his figures the exports of cotton yarns and cotton goods from mained at the financial centers, and gold has been driven out of India? the country. Mr. McPHERSON. I have not. "It is easy to foresee what our financial position under the pro­ Mr. TELLER. I thought the Senator would not have them ail ver legislation of the Sherman law would now be had the order Mr. McPHERSON. If the Senator will reflect for a single of Providence been reversed, and the crops abroad been bounti­ moment he will see that we can not deal with that question when ful, while our crops had been light, with only light exports of we are comparing the cotton report of the United States with products, and consequently light railroad earnings. Add to this that of India. A difference in money standards will not pre­ the fact that European capitalists fully believe that, do what we vent India, if she has the facilities, the labor, the skill, and the will, we have now gone so far in the direction of the silver basis inventive genius, from manufactur~ cotton and selling her that to escape it is impossible, and they are exchanging our se­ manufactured goods to all who will buy. India stands on exactly' curities for our gold rather than wait until the dollar they in­ the same foundation we do with respect to mannfa{}turing in­ vested will yield but 64 cents in return. It would seem a sufficient dustries. It is the surplus product which is not used in manu­ argument to .any intelligent man to point to the fact that while facturing enterprises either there or here with which we are now the balance of trade appears upon our books to be largely in «;mr dealing. favor, foreign exchange ha'3 been held at the gold-exporting Mr. TELLER. The Senator will allow me to suggest to him point for the past year." that India has destroyed our cottol'l"yarn trade with Great Brit- - Mr. TELLER. I should like to suggest to the Senator from

. / 424 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

New Jersey that he has fallen into an error in the statement he tain gold payments. As a remedy for this threatened danger (I is now making. When we have exported gold duriiJg this last say danger, for this policy once begun wl!ere is it likely to end?) year, it has invariably been when the rate of exchange was not my resolution stops the further purchase of silver. The remedy at the gold-exporting point, and it is so shown by the Director prescribed by my distinguished friend f~m Nevada [Mr. STEW­ of the Mint in his recent report. ART] is, "to correct this excess of silver by a still greater excess Mr. McPHERSON. I used it in the sense that it was more of silver." profitable to exp::>rt gold than to buy exchange. Mr. President, this is a serious question-a question of sound Mr. DANIEL. May I interrupt the Senator? finance or unsound finance. Shall we obey commercial laws and Mr. McPHERSON. I will state to the Senator that I shall enjoy commercial prosperity, or disobey and defy these laws and be through in a few minutes, and I shall then be glad to hear suffer disaster? him. Mr. STEWART. Will it interrupt the Senator if I ask him It is not a question of gold exports that is now alarming the how he would correct the deficiency of gold, by creating a greater people of the United States. With our power to produce and to deficiency in letting all the world buy it? absorb gold, we can continue to give Europe all the gold we owe Mr. McPHERSON. I will pause to answer the Senator by her, provided th3 growing want of confidence among the people simply saying this: I wou_ld utilize all the gold we have by in the stability of our monetary system shall not have the effect keeping it out of the hoards of its owners. I would try to keep of creating a sudden home demand for gold. Fully three-quar­ it in circulation. I would stop the inflation of silver and not ters of aU the gold in the United States is held outside the frighten gold to its hiding place. Then, as I have tried to make Treasury by private parties, who may hoard•it for a rise, or not, it clear in my remarks, I would stop the purchase of silver ab­ as they please. Judging from the daily comments in newspapers, solutely and let silver find its normal value all over the world, the only remedy now left us against the hoarding of gold-which and await events. might mean a contraction of 400 millions in the volume of our I would wait for Europe and other nations of the world who gold circulation-is to stop the purchase of silver. have an excess of silver to join the United States and agree It is not a question of the ability of the Government to main­ upon an international ratio; and I want to say to the Senator I tain it3 present silver circulation at par with gold even if the care but little what that ratio is provided that there were enough intrinsic value of the silver dollar should decline to half its pres­ strong nations to join together in an international agreement to ent value. The people will and do demaud that all our circula­ mint the silver produced, and I should be perfectly willing then tion shall be of equal exchangeable value, and all kept equal to to accept the result. gold, and to make sure of this they further demand that this Mr. STEWART. Mr. President-- wholesale inflation of silver shall cease. Over fourteen years The PRESIDING OFFICER. Does the Senator from New this country has staggered under the burden of attempting to Jersey yield further to the Senator from Nevada? control the silver market for tlie entire world; even in the pres­ Mr. McPHERSON. I wish to say to the Senator from Nevada ence of increased and ever-increasing production of silver the that this is all there is of my speech [indicating], and if he will Government at great cost has taken enough of the product to permit me to conclude I will then listen to him. I am proceed­ limit the fall in price. The Government has tried all these years ing not in my C)Wn time, but by the courtesy of the Senate. to benefit silver producers by securin~ higher prices, but has Mr. STEWART. I should like to ask another question then. failed, because it bas succeeded so well in stimulating produc­ Mr. McPHERSON. In the commercial world gold is king. tion. Gold counts the cost, markets the goods-, and measures the mar­ Prior to-1850 England alone, of all the states of Europe, had gins of profit or loss, and this it will continue to do whether we the single standard of gold; all the other states were either in ad.opt a silver standard or not. Possessing a country almost ex­ fact and L~w, or simply in fact silver monometallic. Everywhere haustless in resources, producing more of the objects which in Europe gold was at a premium. Everywhere, not only do­ make commerce than any other I).ation, rivaling all other na· mestic, but foreign circulation wae effected by means of silver. tions in civilization, in intelligence, inventive genius and skill, At the present time the situation is absolutely reversed.. to-day the granary and, with ·wisdom, soon perhaps to become Throughout the wbole of Europa the mints are no longer open the workshop of the world, can we afford to take a step back­ to the .free coinage of silver. To calculate the quantities of gold ward to the money plane of India and China? Shall we stand with which Europe has been flooded since 1848, when the mines with the great nations or with the weak nations? Shall we of California, Australia, and Russia poured out their treasures, stand for bimetallism, with all its essential features, demanding it is not enough to give only the quantities produced; we must both gold and silver-and showing preference to neither--or add what America sent abroad after the establishment of our drift to silver monometallism? These are grav-e questions, and forced paper currency. they need a prompt answer. The PRESIDING OFFICER. The hour of 2 o'clock having · Now, I will say to the Senator from Nevada that my silver arrived, it is the duty of the Chair to lay before the Senate the policy is summed up in the following words as near as I can get unfinished business, the title of which will be stated by the Sec- it into a single statement: In my opinion the true answer, the retary. . only answer, will be found in reversing our silver policy, stop Mr. DANIEL. I hope the unfinished business will be laid buying silver to lock up in the Treasury, and, in turn, dump the aside in order that the Senator from New Jersey may continue new silver from the mines upon the world's market. Bimetal­ his remarks. · ' lism will never venture forth from any European state until de­ The PRESIDING OFFICER. The title of the bill will first mand is made, not in resolutions, or in piteous appeals, but in ba stated. positive, aggressive action. Buy no silver ~md coin none until The CHIEF CLERK. A bill (S. 2707} granting additional quar­ the effect of such action shall determine a future monetary policy antine powers and impo~ing additional duties upon the Marine for European Slates. Hospital Service. "The suction pipes of Europe are now at work upon our gold Mr. DANIEL. I ask unanimous consent that the bill may be reserves and whether we live under free coinage or its twin sis­ informally laid aside in order that the Senator from New Jeraey ter the Sherman law, the final result to us will be the same." may conclude his remarks. Now I will listen to the Sena tor from N evac;Ia with great pleas­ The PRESIDING OFFICER. The Senator from Virginia asks ure. I was going to say to the Senator, however, that I have a unanimous consent that the unfinished business may be inform­ good deal of material here that I think not only the Senator from ally laid aside. Is there objection? The Chair hears none, and Nevada but the Senator from Colorado would like to have put in the Senator from New Jersey will proceed. the RECORD, and I ask him to withhold his questions until I get Mr. McPHERSON. Since 1850 the quantity of gold has through, unless I am interfering with the Senator from Ten­ doubled. In this short space of time trade and commGrce have nessee [Mr. HARRIS] in his desire to go on with his bill. I do thrown in the circulation as much gold as mankind had accumu­ not wish to encroach upon the time he may rightly claim in his lated in four centuries. Owine: to these conditions. with those own behalf. that are found there to-day, gold monometallism has made rapid Mr. BUT.LER and others. Go on. progress among the states of Europe. Some of the European ·Mr. McPHERSON. I have stated in my remarks that in my states, however, desiring to reach the single gold standard, find opinion silver was to-day baing produced in the United States at their easy progress blocked by an excess of silver in their circu­ 35 cents per ounce, that the a\erage cost of the production of an lation, the result or legacy of the abandoned bimetallism. As a ounce of fine silver throughout the whole of the United States sole remedy for this discomforting condition they clo3e their was not above 35 cents. The present price of silver is 85 cants mint8 against silver. · per ounce, which leaves a clear margin of profit of 50 cents per Compared with these European states the policy pursued bv the ounce. United States is exactly the reverse. It is reported upon the I also stated that according to my estima,te, if silver can be apparent authority of the Secretary of the Treasury that em­ produced and claiming that it is produced at 35 cents per ounce, barrassed by the excess of silver in the circulation he may be the intrinsic value of the standard silver dollar amounts io 27 obliged to buy gold with a new issue of bonds ln order to main- cants. . .

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1893. CONGRESSIONAL RECORD-SENATE. 425

Mr. STEWART. Will the Senator permit me to state a fact Mr. STEWART. Just one word more. He did not take into right there? account the vast expenditure of opening the mines, of sinking Mr. McPHERSON. As soon as I get througltwith my state­ shafts. He did not take into account the outside expenses of the ment. men engaged in the work. He took into account nothing but · Mr. STEWART. The Senator is mistaken about that, and I the actual extracting and milling of the ore, gathering the cropi wish to correct him. which probably would not ba more than 10 per cent of the rea Mr. McPHERSON. I am going to offer my proofs. I prefer cost of the whole business. I complained of it to the Superin­ the Senator to deal with my proofs. tendentof the Census. He said that he was very sorry the re~ort Mr. STEWART. Before the Senator states his proof let me had no reference to the actual cost; that it wa.s very misleadmg. state the fact. I have seen gold procured for less than 10 cents I told him the use that would be made of it, taking the mere an ounce; I have seen silver procured for less; butthatineither harvesting of the crop and leaving out at least nine-tenths of case is when you find it. The great cost in producing the crop the average expense of getting to that point. lies in the fact that it must be produced by explorations, by That is the report the Senator has here. It takes a paying thousands who make nothing; but after it is found it is easily mine and then adds the cost of milling while the mine is pay­ gathered. I saw a place called Gold Run where a man would ing. He does not take into account the continuous year-after­ make from $50,000 to $100,000 a day for awhile. Quite a number year labor trying to find more paying ore, but after the paying of men werE;l engaged there who made several million dollars ore is found, when the shafts are sunk, when the drifts are run, in a short time. I do not suppose the labor amounts to more when the plant is established, then he tells us what it costs to than 5 or 10 cents an ounce to take out the gold when you find it, work the ore, which is no criterion of the cost-of mining at all. but the great cost is the explorations to reach that result. It is a travesty on the subject altogether. The report is mis­ Any statistics you may get relate only to reaping the crop, to leading, and the man who made it admitted it was no criterion, gathering the find after the heavy work has been done. Those are and he told me he would put iu a note explaining that it referred the only statistics we have. I have been at work for the last six only to the harvesting of the crop. months attempting to get at the average cost of the product. Mr. McPHERSON. It is proper, however, in thisconnection, We have had a committee attempting to get at the average cost to state that the officers and agents of the Mint employed to and we find great difficulty in reaching the facts; but one thing gather mineral statistics give the silver yield for 1889 at 56,452,- is certain, that: acc::>rding· to the opinion of all engaged in the 025 ounces, and if this estimate be accepted it will reduce the business, an ounce of silver cost.s more than $1.23. That is the cost to 35 cents per ounce. average cost when you take into account the labor necessary to When we consider the extent and character of new discoveries produce the result of finding it. Deep shafts have to be sunk in mines, and in the methods of cheapening the cost of produc­ and millions have to be spent in finding it, but when it is found tion, surely no Senator will for a moment contend that the cost it is like any other find-- of procuring silver in 1893 compared with 1889 has not been Mr. McPHERSON. Let me ask the Senator not to interfere greatly reduced. longer until I can put in my proofs, although I am very much' · In the absence of later (1889} official reports, and in the presence delightej at all times to listen to him. of a rapid annual jncrease in silver production, accompanied by In justification of the statement just made by me that the av­ a constant fall in the value of silver, its future use as a chief mon­ erage cost of producing an ounce of fine silver in the United etary metal must necessarily be influenced by the cost of produc­ States was less than 35 cants, I subjoin as an appendix to my tion; therefore, I deem it important and proper to give attention remarks the following table, compiled (by Dr. Ivan C. Michels, to the views expressed by other3 not unfriendly to silver, and a most competent and careful compiler and statistician) from which are entitled to respect in the solution of this vexed ques­ census and Mint reports for the year 1889. I have not verified tion. To this end, as additional and more recent testimony in this statement, b =cause he gives dates and page of the reports he support of the estimate I have made touching the cost of silver quotes, and no error seems possible, except perhaps slight errors production in the United States, I ask that the following alleged in computation. [See Appendix A.] facts be printed as an appendix. (See Appendix B.] M . STEW ART. I know the gentleman referred to, and will I should like to ask the Senator fromColorado [Mr. TELLER], state that in my opinion his statistics are valueless. relying as we must very largely upon information other than Mr. McPHERSON. Very well. official touching the cost of the production of silver in the Mr. STEWART. They are valueless. United States, about the standing of the Denver Mining and Mr. McPHERSON. Theymustthen be proved valueless, and Scientific Review, and also the Denver Mining Exchange Journal. that must be proved from these same census reports. I give my Are they considered reliable papers in regard to the silver authority for them. I will state that I have not verified them, product? because I have every confidence, and I think most Senators in Mr. TELLER. !never heard of the paper. Itmaybe printed this boiy have great confidence in the capacity and correctness in Denver, but I do not know anything about it. I never saw a of this gentleman. copy of it. If the Senator will give me leave I should like to This statement gives from the census reports of 1890 th9 cost say to him and to the Senate that all statements as to the cost of the production of silver for 1889. I stated in my remarks what of precious metals are misleading and deceptive, and as a gen­ the cost was by the report of Dr. Kimball and of Prof. Austin in eral thing are intended to deceive; and if I can get the floor at 1887, as it appeared in the Mint report. I now give what it is some time I will explain why. reported to be by the census, and I suppose the Census Bureau Mr. McPHERSON. I know of no way in the world to reach made a very careful investigation into· this whole subject. I a decision upon this question in the absence of official reports will briefly state what the table shows. later than 1890, and when every estimate that is made is dis­ It gives the tons of ore produced in the five great silver-pro­ puted by those who represent the States where the industry is ducing States of Arizona, California, Colorado, Montana, and largely conducted, I know of no way except relying upon such Utah; the yield of gold, silver, and lead in the ore. It credits information as can be gathered from outside sources. the account by sales of the gold at $20 per ounce and the lead at I find published in the Washington Post, January 1, 1893, a $60 per ton, and deducts from the whole sum the tohl cost of statement speaking of Colorado's mining output for 1892 as fol­ mining and milling the ore. lows: The average cost of producing a fine ounce of silver in these COLORADO'S MINERAL OUTPUT. five States is found to be 37 f(J cents. DENVER, COLO., IJecembet• 31. Mr. President, this is not an isolated case, let me say to the The astonishing figures $41,865,134.23 is the total mineral production !or Colorado for 1892; giving totals of $2,012,002.92 in copper, $6,683,478.44 in lead, honorable Senator from Nevada. This estimate is based upon $28,161,121.961n silver, and $5,665,898.42 for gold, as against $38,548,93! for 1891. the product of 41,703,527 ounces, or more than four-fifths of the entire productof silver in the UnitedStatesfor thatyear-J889- Mr. TELLER. That includes coal and iron, does it not? which is given by the same census report at 51,354,851 ounces. Mr. McPHERSON. No, silver alone. Mr. STEW ART. Will the Senator allow me to interrupt Mr. TELLER. Forty-one million dollars in silver? him now? Mr. McPHERSON. Twenty-eight million one hundred and Mr. McPHERSON. Certainly. sixty-one thousand one hundred and · twenty-one dollar s and Mr. STEWART. I have examined that report. I advocated ninety-six cents is given as the silver output o.f. Colorado in 1892. an appropriation for the purpose of gaining and collecting This is coinage value. The dispatch to the Post also says: mining statistics, but I was sorely disappointed at the examina­ This does not include one smelter in Colorado, and Colorado ores reduced tion which was made. The gentleman who made that report at Omaha and Grant smelter at Omaha. took tho paying mines; he did not take into account the millions I now turn to the Daily State Min~g Journal of Denver, of spent in establishing plants. January 3, 1893, a paper, I am informed, of high authority upon Mr. McPHERSON. Let me say to the Senator, as this mat­ these mining matters, to find how much the Omaha and Grant ter is to be an appendix to my remarks, I can not very well sub­ smelter smelted for the State of Colorado. That paper puts Col­ mit to an interruption now. orado's output at 7,475,277 otmces, and the coinage value at ·. • 426 CONGRESSIONAL RECORD-· SENATE~ JANUARY 9,

$9,643,107 .33; hence, sum total for Colorado, $37,80~229.29, equal Mr. HARRIS. This day was by unanimousconsentof the Sen­ to 29,305,604 ounces of pure silver. ate agreed to be devoted to the consideration of the quarantine Mr. WOLCOTT. I do not suppose the Senator desires un­ bill, with the single exception of which the Senator from New necessarily to make the amount fictitious. I suppose the Sena­ Jersey gave notice that he desired to submit some remarks upon tor is aware that the Omaha and Grant smelter smelts 99+ his joint resolution. Of course I de~ire the Senator from New per cent of its silver ore at its own smelter in Denver, and in the Jersey to conclude his remarks, but! beg to appeal to the Senate figures which the Senator has read as the product of the Omaha notto undertake to enter upon a general discussion of the silver and Grant smelter it was all smelted in Denver, and has been question to-day, for this is probably the last day that I shall have included in the overestimate the Senator has stated of $28,000,000. for the coDEideration of the quarantine bill, and I am exceedingly Mr. McPHERSON. Admitting aU the Senator says, I will anxious to proceed with it at the earliest moment possible; but accept his statement, for I know nothing about this matter ex­ if these interruptions and debate are to be continued this discus­ cept as I find it in reliable prints-admitting all he says, there sion will consume the whole dav. remains a most gigantic increase in silver production in the Mr. McPHERSON. Let me say to the Senator from Tennessee State of Colorado between the years 1891 and 1892. I regret very much I have occupied the floor so long, and if I Mr. DANIEL. Does the Senator take into account the esti­ had not been interrupted I should have been through some time mated cost of the plaut? ago. Now, I hope no Senator will consider it discourteous for Mr. McPHERSON. No; nor should you take into account the me to say that I will not be interrupted and I shall not take cost of the plant. five minutes longer. Mr. DANIEL. If silver miners were furnished with free plants I will give some further testimony as to the cost ol producing by the Government, they could then produce silver at that rate. silver in the United States. I read. from the report of the presi­ Mr. McPHERSON. Do the farmers in Virginia take into ac­ dent, Lewis M. Rumsey, of the Granite Mountain Mining Com­ count, when they are considering whether it will pay them to pany, for the year 1889, pages 6 and 7. produce wheat or tobacco or cotton, the cost of their plant? Mr. TELLER. What company is that? Mr. DANIEL. Of course they do. Mr. McPHERSON. TheGraniteMounta.inMining Company, Mr. McPHERSON. The plant is there and it is useful for no of Montana, 1889. The report is made by its president. I will other purpose but to produce wt.eatan.d cotton and tobacco; and read jUBt a short sentence from the report. He says: they will be grown on the land even at the risk of failure in From October 8, 1880 (the date Mr. McClure first sent the tools to the mine), to .Tuly 31, 1889. the total gross sum of expenditures o:C every kind by our com­ crops and in price. pany has been$4,092,512.29. This includes the purchase of property, erection Mr. DANIEL. The reason why they are losing money is be­ ot buildings and permanent improvements, the amount paid for supplies and labor, expended in litigation, and for express and refining charges on cause they do not take into account the plant. smelting, ore and bullion, etc.; in shoTt, as stated: above, every expenditure Mr. McPHERSON. So long as you are trying to determine of every nature and kind, during the same period our mines have produced what the probable output of silver is going to be in the world, and sold 10,989,S58.98 ounces of pure silver and 6,521.559 ounces o! pure gold, realizing the gross sum of $10,988,800.2!. because it is due to that very largely, and the cost of producing The total product of our mines at Government standard value, $1.29;'JI, per ; it, whether we are to have a silver currency or a gold currency fine ounee, has been $14-,335,135.38, while our total receit>ts were, as stated in. the world-- above, $10,988,800.24, showing that the demonetization ot silver by our Gov­ ernm_ent had cost our company to July 31, 1889, $3,34,6,33!.14, or over 30 per Mr. DANIEL. Will the Senator allow me ask him a ques­ cent of our gross incom_e. tion? Does the merchant take into account the cost of his goods In four years, from AprilS, 1885, to .Tuly 31, 1889, we have paid in dividends when he puts a price upon them to sell them? $7,600,000, or $19 per share on our capital stock of 400,000 shares of the par Mr. McPHERSON. If that could be used as· a parallel case I value of $25. should be very glad to answer the Senator that I expect they do · The same report for 1889 gives the mining and milling cost of take that into consideration. a ton of ore at $17.23. The average yield of the ore is 107t ounces Mr. DANIEL. Does the farmer take into consideration the of silver and gold per ton-at a net cost of about 18 cents per cost of his land and the tax he pays on it in estimating the value ounce-to produce without allowing for the gold it contains, of his production to ascertain whether it is profitable or not? 1 which would reduce this cost considerably more. do not know about thefarmersinNewJersey; but I have always The report further says: Weare gradually realizing the immensity o:f our property, the stupendous understood that the merchant took into account the rent he had quantity of the work yet to be done betore the ore bodies shall have been thor­ to pay, the taxes he had to pay, and the farmer the taxes on his oughly developed, much less exhausted. land and the cost of his lang in order to estimate whether his In short, after_they had paid $7,600,000 on an absolute co3t for labor was profitable or not. everything of $4,000,000, covering the period of nine years, the Mr. McPHERSON. Mr. President, it is a universal principle, demonetization of silver had prevented them from adding which admits of no change whatever, that as to that which is $3,000,000 more to it. more cheaply prodaced than usual is more plentifully produced l\1r. President, I have here all these papers [exhibiting]. I than usual~ and its purchasing powe1T will be less. This is true will not read any of them, but I want to put the whole in the of all things, including silver. RECORD (see Appendix C). These are principally extracts from Mr. STEWART. Mr. President, will the Senator allow me? newspapers, like the papers I have quoted, as to the cost of the Mr. McPHERSON. No; I should like to get through. production o! silver; and I want to say that, in my opinion, if Mr. HARRI3. Will the Senator from New Jersey allow me any Senator will take the trouble to read these statements of to say a word? reports from mines and elsewhere he will come to the conclusion Mr. McPHERSON. Certainly. that I have overestimated the cost of producing silver.

APPENDIX A. [Go~iled from the Eleventh Census on mineral industries.]

Production, expenditures, and returns. Arizona California Colorado Montana Utah (pages 68, 69, 163.) (pages 70, 75, 163). (pages 76, 79, 163). j (pages 83, 85, 16!). (pages 94,95,164).

PRODUCTION. Amount of ores produced ------tons __ 104,554 1,032,124 852,211 528,518 214,5i8 Amount of gold extracted therefrom______ounces .. 45,509 608,936 194,193 156,966 24,383 Amount ot silver extracted therefrom ______ounces .. 1,817,036 1,065,006 18,416,861 13,437,661 6, 966,933 Amount of lead extracted therefrom ______... tons __ 3,158 53 70,788 10,183 16,675

EXPENDITURES. I r $1,499,641 $9,191,500 $9,339,875 $5,881,500 $2,869,852 ~~g:~o~~~~wage-si)ai

RETURNS. Sales ot gold at $20 per ounce ______ounces and value .. "· 509= 0910,174 1608, 936=$12, 585,722 194-, 193::=:$3, 883, 859 156, 966=$3, 139, 327 24, 383= $487,666 Sales of lead at $60 per ton ______tons and value .. 3, 158= 189, 480 53= 3, 180 70., 788= 4, 24.7, 280 10, 183= 610, 980 16, 675=1, 000, 000 Total returns..------_------1,099, 65! 12,589,902 8, 131,139 3, 750,307 1, 488,666 Balance cost of production of silver __ ------· 958,385 1 *83,247 1 5,700,193 5, 509,350 3,387, 045

*Net profl.tk on gold; hence the 1,065,036 ounces of silver not costing anything to produce the same. ••• tJIII,

1893. CONGRESSIONAL RECORD-SENATE. 427

SUMMARY. ARIZONA. MONTANA. Ounces of silver ____ ---- __ ----_____ ------_------____ ------. _---- 1, 817,036 Ounces of silver ---- .. ------_·______------______; ____ ---- 13,437,661 Cost of production .. ______------··------$958,385 Cost of production.------____ ---·------_____ ---- $5,509,350 Equal to 52i cents per ounce. Equal to 41 cents per ounce. · COLORADO. UTAH. g~c~: ~:~:eeaoii=~~~== =~~~====~~=~=::::::::::::::::::::::: ::::: ~~ :::: ~: ~: ~~ 8o~c~ ~:gg:;tlon·::::::::::::::::::::::::::::::=::::::::::::::~:::: J: g~: ~ · Equal to 30~ cents per ounce. Equal to 48 cents per ounce. RECAPITULATION AND REMARKS. COST OF PRODUCTION OF SILVER. [From Eleventh Census, for 1890, returns for 1889; House of Representatives Miscellaneous Document No. 340, Fifty-second Congress, first session, pages 68 to 95 and 163.] fRI~~~:~:~EH~:=~n~~:~J::iiiii~iimii~iii~i:i~~i~~=;:~=r::=f:~i~~~iii~:::~~~~~~~::ii~]E:= ~~ lili-ii: ~~o€'J.~l~5: Grand total _------____ ------_____ ------______------do ____ 41,703, 527=15, 558,423, equal to 37.3. cents per ounce. COST OF PRODUCTION. Prof. Austen, 1886: Equal to 51.1 cents per ounce. Dr. Kimball, 1887: Equal to 52~ cents per ounce. Eleventh Census 1889: Equal to 37.3cents per ounce. LEAD SOLD IN NEW YORK IN 1889. Yearly summary of Engineering and Mining Journal. statistical number for 1891, page 38: In January, 1889, highest, $96.80 per ton. In May, 1889, low­ est, $75.80 per ton. Average price for the year 1889, $78.60 per ton. APPENDIX B. The Denver Daily Mining Exchange Journal of January 26, 1892, says: "Judge A. W. Rucker has .won his famous suit for the recovery or one­ The Denver Mining and Scientific Review of October 22, 1891, editorially sixth 1nterest in the famous Aspen mine. The amount of this recovery aggregates over $2,000,000, as the product of this mine since November, 1884, S~f~g as an industry is the safest and most profitable bus~ess on~arth. amounts to over $12,000,000." Failures in legitimate mining are less than in any commercial busmess. The same paper, of January 20, 1892, says: Many of our mines are paying 25 to 40 per cent per annum on the capital "Maj. A. J. Pickrell, manager of the Grand UnionMiningCompany,states stock. Most of these stocks were purchased at from 25 to 50 cents on the that to his great surprise the ore runs over 700 ounces or silver to the ton. dollru·, making an investment of from 60 to 100 per cent per annum. Stock Out of nine assays the lowest run was 149 ounces to the ton.'' deals in mining are a thing of the past, and IDlnes are now worked for the The Aspen correspondent of the Denver Scientific and Mining Review, money they produce." . under date ofJanuary21.1892,says: The Denver Mining Exchange Journal, October 28, 1891, asks editori~lly: "The property of the 'Best Friend Mining COID1Jpa.ny', exposed a body of "Does miningpay·r For the past twelve years the North Star Mine, at high-grade ore from 6 to 9 feet thick and 3 feet wide, which runs 750 ounees Silverton, Colo., has been worked at a. profitbytheownersonthe ·~a.y-work' of silver to the ton, the remainder of the ore body running 100 to 150 ounces plan $3.50 toM per day. The management cutdown expense.s, deCided to try to the ton. Your correspondent picked a few specimens, and had th€m as­ the leasing system, which we have so strenuously a.dvocate~ m the past. The sayed to satisfy his curiosity. One from near the bottom of the incline as­ general supposition was that the North Star was m a declme, but we learn sayed 1,850 ounces of silver, andanotherfinespecimen4,000 ounces to the ton. that practical miners offer from 35 to 75 per cent of all the ore mi~ed for the But the mill dirt taken from the breast of the Houston mine gave me the privilege of taking out and selling the balance, and contract to timber and average. I took a sample every 6 inehesacr0ssthe7feet of mineral and put leave the portions of the mine in good working order. If the worked por­ them all together, and my return was 750 ounces of silver to the ton, tions have produced a better profit than from 35 to 75 per cent, truiy the an­ "The Puzzle mine, owned by the Puzzle Mining Company, but now under swer to the above must be that mining does pay." lease to Mr. Lovett, is producing some very fine ore, assaying as high as Mining and Scientific Review, of Dep.ver, Colo., of November12, 1891, quot~s 3,700 ounces of silver to the ton." • from Eagle Cormty Times: _ The Rico Sun, published in Dolores County, Colo., says: "Dodsworth & Co., lessees of the 'Red Cap' mine in Eagle Canyon, shipped "A chunk of ore was brought down to the First National Hank from the a carload of ore. The ore assays IWlO per ton. Also No.3 shaft in the ·Ben Enterprise mine. An assay was made which ran 958 ounces of silver and Butler' mine return.~ 1,470 ounces of silver." 480 pounds of lead to the ton.'' The same Denver paper quot~s from the Silverton Miner: The editor comments on it thus: ·• The 'Bandora' mine has struck it richer than ever. In the shaft they are ''This is not an isolated specimen, the streak of this character of ore is sinkinoo there are 18 inches of ore running 500 ounces of silver to the ton. regular, and is being mined and hoisted to the surface every day." ·This property was sold this summer for $100,000; now a cool million could The editor of the Red Cliff Comet, in Eagle County, Colo., says: _ not touch it." " The Horn Sliver mine had assays taken which showed 343 to 470 ounces The Denver Mining Exchange Journal of .Tanuary 8, 1892, says: of silver to the ton." "The Centennial-Eureka Mining Company has declared dividend No. 20, or The Denver Mining Exchange J011rnal of January 18, 1892. editorially states 50 cents per share. The Centennial-Eureka has immense reserves of rich ore the following: m sight and could pay $3 dividends as easily as 50 cents, but the manage­ "Fortunately for the mining industry the wildly-speculative era is past, ment has wisely decided not to break down and ship a.ny more ore than is and mining to-day stands upon as legitimate a basis as any other great in­ necessary d~fn~e present low price of silver." dustry. Thirty mining companies in the United States, which made public The Denver g aud Scientific Review of the 26th . of November, 1891, statements of their earnings, paid last month dividends amounting to $1,500,- quotes from the SilverPlumeStandard, of Clear Creek County, Colo., asfol- 000, and for tbe year 1891 about $18,000,000, or an excess of nearl:9' $5,000,000 over the amount paid by the same companies in 1890. When it is remembered lo~~~e from the Seven-Thirty mine milled recently by James Griffin re­ that these figures represent the dividends paid by public companies only, turned 209 ounces of silver and 480 pounds of lead to the ton." and do not represent the earnings of private concerns and close corpora­ The same paper q notes from Register-can as f<;>llows; . tions, some idea of the profits of mining by corporations may be obtained." "Three tons of ore shipped from a recentlocatwn made in Vermillion dis­ The Aspen Daily Times of February 3, 1892, says editorially: trict to the Globe smelters netted the owner at the rate of $98 per ton. This "The Mollie Gibson mine is without doubt the richest mine. Recent de­ speaks well for a prospect not yet 40 feet deep." velopments have disclosed a. body of ore 9 feet thi.ck that runs $10,000 to the The Denver Daily Mining Exchange Journal, of December 5,1891, com- ton, and that a streak 18 inches thick is 80 per cent pure silver." mentsthuseditotially: • The Aspen, Colo., correspondent of the Daily Denver Mining Exchange "The Ontario mine has produced $12,000,000 on an original investment of Journal, under date of February3, telegraphs: ~0 000 and yet this sum was neccessasy -to make this mine a producer, a.nd "A very rich strike has been made in that portion of the company's prop­ the returns have been kingly." erty known as the Silver King mine. About three weeks ago the company The same paper quotes from the Boulder County Miner thus: laid off about 70 men, to enlarge the shaft into three compartments. Work "1-tfr. p. P. Miller, owner of the Morning Star, says that recently the lea.sers was started a few days ago which discloses the. great ore chute from the Sag­ shipped~5 tons of ore that netted them$1,500, and was the work of four men nets mine. It shows that the rich ore is continuous for over 400 feet in the eight days." sixth level. The chute is over 12 feet thick, and will a-verage 2,500 to 3,000 The Denver Daily Mining Exchange Journal of December 28, 1891, quotes ounces of silver to the ton. In addition to this, there is a rich streak about from the Silver Plume Standard thus: 10 inches wide on the hanging wall which will run over 20,000 ounces to the "'l'homas Hooper's lease on the Terrible mine still continues to turn out ton." good ore. A recent mill run returned 471 ounces of sliver and 720 pounds of Mr. W. B. Jacobs writes to the Georgetown (Colo.) Courierthathewentto lead to the ton. investigate the Creede Camp ores. A brownish-black friable mineral con­ "The Brown mine, a mill run assayed by Frank Pope, returned:390 ounces tained 231 ounces of silver to the ton. and a white mineral, consisting in part . I of silver and 820 pounds of lead to the ton. of sulphate of lead, ca:ni.es 556 ounces of silver and 440 pounds of lead to the "Coughlin & Co., on the sam~ property, had a run that returned 45G ounces ton. of silver and 460 pounds of lead to the ton." The editor of the New York Financial and Mining Record, January, 1892, The Daily Denver Mining Exchange Journal of. January 13, 1892, says: said: "Rich copper ore has been :round in Ouray, Colo. The J. I. C. mine is "At Pay Rock mines the ore averaged 1,000 ounces of silve-r per ton, except the lucky property in which the strike was made of a rich body of gray cop­ in two instances. From this shaft levels have been run both east and west per ore, running $1,000 per ton in silver.'' -- in the vein, all of which are in ore that will run from 600 to 1,000 ounces to The editor of the Denver Mining and Scientific Review, January 7, 1892, the ton." giving an account of the sale of the King Solomon mines to ex-Senator T. M. The Denver Daily Mining Exchange Journal of January Z'f, 1892, speaking Bowen, of Colorado, for ~1.000 for the whole group, states: of the Crede mines, says: "They carry a large amoun~ oi galena.. some carrying1,480pounds oflea.d, "The Last Chance is the great mine. Mr. E. H. CraWford, an old Lead­ a.nd from the ores thus far shipped the silver runs from 50 to 800 ounces to ville miner, is the superintendent, and is working 70 men on this property. the ton.'' The lower level is in 200 feet. The vein between walls is strong 5 teet, aver­ In the same paper he quotes from the Boulder News: aging over $135 per ton. The shipment is limited to 85 tons per day." "Mr. Voorhees in making a cross cut in the Cash mines struck ore that (Remark: Seventy men at $3.50 Jer day, $2-15 per day; shipping 85 tons per run $4.00 to the ton. Twelve hands are employed and he says that t.hey are day ~t $135 per ton, $11,475 per day. taking out $2.50 for every dollar put in. The Nevadn. Eureka Sentinel of anuary 23, 1892, says; He quotes from the GHpin County Observer in the same issue: "The Eureka Consolidated Mining Company has paid 1n dividends $5,500,· "The National mine is looking well and yielding $87.30 to the ton." 000, over !100 per share, and in excess of the capitalization of the company." In the same pa.Per he quotes from the Red Cliff Comet thus: 428 CONG:)lESSIONAL RECORD-SENATE.

"The strike in the Horn Silver mine continues and Charles Linsey has proper time a substitute for the joint resolution of the Senator made another lucky move in the Little May; the ore is worth all the way from $5,000 to $10,000 to the ton. •· from New Jersey, which I ask to have read. In the same paper he quotes from the Arizona Prescott Courier thus: Mr. HARRIS. I ask that it may appear in the RECORD with­ "Frank Kuhne is in fTom the Sunny South mine and has just sampled a out reading. carload of ore from that property, which went 2·~ ounces of silver to the ton." Mr. ALDRICH. I desire to have it read. I will not take over The editor of the Denver Mining Exchange Journal, Januai'y 9,1892, speak- five minutes of the time of the Senate. ing of the mines ai?out O~ray: editorially stat~s: . . . The VICE-PRESIDENT. The proposed amendment will be "The great Shendan nnne, m the Marshall basm, 1s sh1ppmg 100 tons of ore daily that averages $100 to th" ton. At the present price of silver,and what . read. sHver should be, par value, it. m ::t.kes a difference of i£350,000 a year in the values The Secretary read as follows: ofthe Sheridan, ore. Nowo~. uer we want free coinage!" Amendment to be proposed to the joint resolution (S. R. 126) authorizing The Daily Aspen Times of 1''ebru::t!'Y 17, 189:!, states: and directing the :::;ecretary of the Treasury to suspend all purchases or sil- "The working assays from the Little Annie yesterday ran as follows: 96,47, ver bullion as provided in the act of .July 14, 1890. • 1150, 200, 65, and 330 ounces of silver, respectively, to the ton." Strike out all aft~r the resolving clause and insert: Editorially in the same paper: "That the United States hereby reaffirms its purpose to maintain a parity "For the past year the ore shipped from the Mollie Gibson mine averaged in the value of its gold and silver coins and of the United States notes and over 400 ounces of silver to the ton." United States Treasury notes issued under authority of law; and to insure The editor of the Daily Denver Mining Exchange Journal of February 16, the maintenance of such parity an adequate reserve of gold coin shall at all 1892, has an editorial headed "As to profits in mining." He says: ·times be held in the Treasury of the United Sta;tes; and 1f at any time in the "The general public east of the Missouri River has a very faint and in­ opinion ot the President the amount of such reserve shall be insuffi.cient, the definite knowledge of the extent to which legitimate mining is carried on. Secretary of the Treasury, with the approval or the President, shall forth­ A list of seventy-five mines shows as profits paid to the stockholders since with sell the bonds of the United States in such ammmts as may be neC'eS­ incorporation the enormous amount of $132,000,000, besides which there are sary to restore the adequacy of such reserve, ·such bonds to be of the form hundreds of small mines not incorporated, being worked as private ventures, and sold in the manner prescribed in the third section of the act approved of which product no note is taken." January 14, 1875, entitled 'An act to provide for the resumption of specie In closing his editorial he says: payment,' payments for such bonds to be made in gold coin. The Pres1dent "Mining pays better as now conducted, gives better returns, larger profits, of the United States is further authorized, if in his opinion such action is than any other form of everyday business. 'l'ake an equal amount of capi­ necessary, to secure a continuance of the parity in value aforesaid. to sus­ tal and put into each, and let the results at the end of the year show which pend from time to time the purchases of silver bullion required to be made is safest and pays best." by the act approved .July 14, 1890, entitled 'An act directing the purchase or (Remarks; Considering that silver. in 1891-'92 has been as low as 85 cents silver bullion and the issue or Treasury notes thereon, and tor other pur. per ounce, this admission is very significant.) poses.' "SEc. 2. That unless on or b~ fore the 1st day of January, 1894, an int~r­ APPENDIX C. national agreement shall be entered into between the Government of the United States and of the leading commercial n.ations of Europe by which COLORADO MINES, gold and silver shall be given equal mintage rights in the mints of their re­ [From the Denver Mining Review of January 7, 1892.] spective countries at an agreed ratio, then the purchases or silver bullion provided for in the first section of the act approved July 14, 1890, above re­ Holy Moses, Last Chance, Solomon, produced 74 per cent of lead and from ferred to, shall cease." 50 to 800 ounces of silver per ton. Cost of mining and reducing, $42 per ton. Average, 74 per cent of lead, equal to 1,480 pounds of pure lead, which f?Old at Mr. ALDRICH. Mr. President, there undoubtedly exists in $51.80, leaving net profit of $9.80 on each ton or on the cost of productwn of all-- 23 per cent, and the 50 to 800 ounces of pure silver are the by-product, realiz­ ing on the spot from $40 to $640 net. Mr. HARRIS. Mr. President, I am compelled to ask for the The Mollie Gibson mine, at Aspen, Colo., from April1, 1891, to January 1, regular order. If the Senator from Rhode Island is permitted to 1892· some carloads returned as high as $64,100 and the average for that pe­ g-o on and debate his amendment there are half a dozen Senators riod was $600 per ton. The co_st of producti?n is given at $30 per ton for:_ min­ ing and $40 per ton for reductwn and refimng; total, $70; net profit, $530 on in the Chamber who will want to reply to him, and if I fail to each ton of ore mined. call for the regular order now I shall have to yield to the gen­ The Georgetown Courier says: tlemen whom he provokes to reply. "The Brown mine in Clear Creek County produces 456 ounces or silver and 21 per cent, or 420 pounds, of lead to each ton." Mr. ALDRICH. Mr. President-- 'l'hecorrespondentot Denver Mining Review from Gunnison County, Colo., Mr. HARRIS. I demand the regular order. under date of December 31, 1891, writes: The VICE-PRESIDENT. The regular order is called for. "The Black Queen mine, at an incline of 280 feet, is a drift of a body of ore of 6 feet thickness, with a streak or 12 to 18 inches near the center which is Mr. ALDRICH. Can one Senator take another Senator off worth $1 a pound or $1,000 to the ton. The balance of the ore body runs from the floor in that way? I can of course make the request I am 100 to 500 ounces of silver. about to make when the Senator's bill is befora the Senate, but "The Ouray mine, near Breckenridge, Summit County, Colo., assayed 1,650 ounces of silver to the ton. The vein has been opened from 2 to 8 feet deep would prefer to make it now. I shall not take three minutes of for a distance of 1,300 feet without a break in it or any depreciation in its the time of the Senate. I simply desire to make a request in re­ gard to the pending joint resolution that will facilitate the busi­ va;~"!1te Snow Drift, also near Breckenridge, assayed 2,000 ounces per ton." The correspondent of the Denver Mining Journal, January 9, 1892, writes ness of the Senate, and I certainly shall not claim more than • I from Aspen, Colo.: three minutes of its time. "The Best Friend has declared its eighth regular monthly dividend. ln Mr. HARRIS. I should yield to the Senator most cheerfully the Houston part or the company's property is a : i teet ore that will mill145 ounces to the ton. Two men took ore enough out in three days to pay all the few moments he wants, but I know there are other Senators expenses of the mine and the regular dividend." who entertain conflicting views, and if I yield to him I shall be WORLD'S COST OF PRODUCTION OF SILVER. compelled to yield to them, and the result will be that I shall AUSTRALIA. yield the whole day. The cost of production of pure silver is given by Prot. Austen, of the Brit­ Mr. ALDRICH. I propose to ask the unanimous consent of ish mint, in the returns of the British Commission Report, volume 1, page the Senate that a vote be taken on the joint resolution, and if I 328, as follows: fail to secure this I shall have nothing more say in ·regard "The report tor the year 1886 of the Broken Hill mines, Barrier Ranges, to New South Wales, states that during that year the smelting or 10,397 tons to it. or ore yielded 1,991 tons of lead and 871,665 ounces or pure silver, at a cost, Mr. HARRIS. Let the Senator propound his proposition for including mining charges, etc., of £4 128. id. per ton of ore, or at the rate or unanimous consent. 18. Id. per ounce ot silver, equal to 26 cents per ounce, if the lead be consid­ ered of no value; but the lead sold at £12 or $58.32 per ton.. Total cost of .Mr. ALDRICH. That is what I was about to do, and I should mining 10,397 tons at £4128. }d. ($22.44), equal to $233,308.68; lead, 1,991 tons, have concluded the raquest if the Senator had not interrupted sold at $116,115.12, leaving the cost of production of the silver, 871,665 ounces, me in the midst of my remarks. $117,193.56, which is equal to 131 cents per ounce." . The editor or the Money Market, a daily London financ1al paper, gives the Mr. HARRIS. The Senator from Tennessee does not regret production of the Broken Hill mines tor 1889 at 10,000,000 ounces, at 16 cents having interrupted the Senator from Rhode Island. per ounce, if the production or lead be considered of no value. As he gives Mr. ALDRICH. !was about to say that there exists in all the not the amount of lead produced, and what it sold at, no exact cost of pro­ duction of the silver can be stated. Still, when compared with 1886, when financial and commercial circles of the country a deep-seated ap­ the cost of silver, barring the lead, was 26 cents, the decline is considerable, prehension and fear of evil results to follow the considerable ex­ nigh on to 40 per cent. ports of gold and the continued purchase of silver under the act MEXICO. of July 14, 1890. In view of the very able, interesting and I pre­ According to the report of Mr. Stewart Pixley, ot the firm of bullion deal­ sume authoritative, exposition of Democratic opinions to which ers of Pixley & Abell, in London, given before the royal select commis­ sion on the depreciation of silver (see Appendix of first report or the royal we have just listened from the Senator from New Jersey [Mr. commission, 1886--'87, page 325), the cost of production. in some of the mines McPHERSON], I am led to believe that an agreement can be is 18. 6d. per ounce of pure silver, or 36 cents per ounce. reached in the Senate with substantial unanimity in regard to the Prof. Austen, in his report, page 325 to the British commission, gives the average at 18. 8d., or40 cents per ounce. character of a remedy for these anticipated evils. While there is a suspicion on this side of the Chamber, which is not entirely SOUTH AND CENTRAL AMERICA. Prof. Austen, in his report published by the British royal commission, on removed by the explicit statements of the Senator from New page 328, gives the cost of production of pure silver at ls. 5d. per ounce, or 34 Jersey, that the Democratic party are simply masquerading-- cents per ounce. .Mr. HARRIS. What is the unanimous consent that the Sen­ GERMANY. ator asks? From the product of the Mansfeld copper mines, according to Prot. Austen Mr. ALDRICH. Masquerading, I was a~out to say, as the (see same report, page 328), 6,500,000 ounces of silver from the copper ores were obtained at 9}d., or 19 cents, per ounce of silver. He also states in the friends of honest money in their present attitude, I should be ~arne article that by the improved process of Mr. Claudet 328,000 ounces were glad to test the sincerity of their pretensions, and I ask that the recovered from the copper ores at 5d., or 10 cents, per ounce. ioint resolution and the pending amendments be taken up to-mor­ Mr. ALDRICH. I give notice of my intention to offer at the row morning at the conclusion of the morning business, and that ..... ' '

1893. CONGRESSIONAL RECORD-SENATE. 429 at 2 o'clock a vote be taken upon them without further debate. A bill (S. 3623) to amend the act of March 3,1873, for the relief I appeal to the S3nators upon the other side of the Chamber. · of the Columbian University in the District of Columbia. I ask the Senator from New Jersey to accept the opportunity The message also announced that the House had passed a bill to carry out the views expressed in the Democratic platform, (H. R. 10038) making appropriations for the expenses of the gov­ and I hope they will with unanimity agree to this proposition. ernment of the District of Columbia for the fiscal year ending The VICE-PRESIDENT. Is there objection to the request June 30, 1894, and for other purposes, in which it requested ~he made by the Senator from Rhode Island? concurrence of the Senate. Mr. DANIEL. I object to any time being fixed for a vote on ENROLLED BILLS SIGNED. the joint resolution. The message further announced that the Speaker of the House The VICE-PRESIDENT. Objection is made. The regular ha1 signed the following enrolled bills; and they were thereupon order is called for. signed by the Vice-President: . Mr. DANIEL. I ask the Senator from Tennessee to yield five A bill (S. 317) granting an increase of pension to John M. Hol>- minutes to the other side. I shall ask of his courtesy to yield erts; • that time to me that I may place on record certain questions. A bill (S. 2592) granting an increase of pension to William C. Mr. HARRIS. I shall yield five minutes to the Senator from Tarkington; Virginia as gracefully as I did to the Senator from Rhode Is­ A bill (S. 2990) for the relief of George W. McKinney; and land. [Laughter.] A bill (S. 3314) for the relief of E. Darwin Gage, late lieuten­ Mr. DANIEL. We all know that however it may be in other ant-colonel of the One hundred and forty-eighth New Yo~·k In­ things the gra-ce of the Senator from Tennessee can only be sur­ fantry. passed bf his generosity. [Laughter.] ADDITIONAL QUARANTL~E POWERS. Mr. President, we have had a specimen from the Senator from New Jerseyof the cooked statistics by which this countryisperi­ The VICE-PRESIDENT. The Senate, as in Committee of the odically alarmed upon the silver question and by which it is Whole, resumes the consideration of the unfinished business, sought to make the people believe that the silver question in which is the bill (S. 2707) granting additional quarantine powers their dogma is not what it purports to be. We have the remark­ and imposing additional duties upon the Marine Hospital Serv­ able confession from him (and I am glad that if his speech pro­ ice. duces no other results it has recorded that confession) that in Mr. TELLER. I should like to inquire whether the regular the gold cookery of silver statistics no estimate of the capital order is before the Senate? employed in its production is entered into as an element of its The VICE-PRESIDENT. The Chair has placed the regular cost. In other words, the cost of the mine, the cost of the skilled order before the Senate, as in Committee of the Whole. genius that discovers the mine, the cost of the expensive and Mr. TELLER. I do not intend tomake a speech on the quar­ elaborate plant in the calculations of his statistics are completely antine bill, nor do I ·intend to make a speech on the silver ques­ eliminated from the costofproduction. A new species of political tion, but I shall be perfectly in order if I take five minutes or economy is being interjected to estimate the value of silver by fifty on this bill. which no other element or material is estimated in the minds of The very remarkable statement made by the Senator from New men upon the face of the earth. Jersey [Mr. McPHERSON] shall not go into the RECORD without I wish to put to the Senator, that he may answer at his leis­ at least an expression of dissent on my part. He has made an ure, as he can not now, these questions: What took gold away estimate of the cost of silver-and that is the way it was made from this country; and would it not have gone whether there was by the Census Bureau-exactly as if he had made the estimate free coinage, partial coinage, or no coinage of silver; and did it of the csot of cutting a field of wheat and the thrashing of it, not go to till a gap in Euro,!>ean finance made by a .succession of and stated that that was the total cost of the product. I said foreign pecuniary troubles. it was misleading and deceiving, and I say that all these attempts In the next place, the Senator states that supply and demand, to fix the .cost of an ounce of silver or an ounce of gold are mis­ independent of law, regulate the value of silver. Why does he leading. seek, then, by law further to depreciate it if the law has nothing The Senator from Nevada [1\.fr. STEWART] said he had S3en to do with it~ The whole predicate of his casa is that he wants gold produced at 10 cents an ounce. I have seen it produced in further to depreciate silver by the action of this Senate, in order large quantities, millions of dollars, at a rate very much below to put a p:.mic in Europe, which some day or other, in ' ' the sweet the mint rate. I have seen it frequently produced at 5 per by and by," America will correct to the advantage of the silver cent of its value and from that up to 50 per cent. A profitable which it now seeks through him to destroy. mine, unless remarkably large, in order to make a fair profit, Let me ask the Senator further if gold has not already been should not produce gold at over 70 or 80 per cent of the mint hoarded, and let me ask him if the gold men have not so put it value. The most successful mines usuallyproducegold at about upon the statute book that the poor man of this country can $12 an ounce, and $20 is the mint value. not hoard it, but the capitalist can? It is provided that gold I have seen a miner take out of a mine $3,500 in two hours. I shall not. be coined in one dollar, so that a poor man can not get have known miners to get $100 of gold day in and day out, when it; and it is already hoarded in the hands of a few: the rich and labor could be hired in that community at $5 a day. Does any­ the powerful. body pretend to tell me that that was the cost of gold? A man In the next place, if we continue to use silver, the Senator who attempts thus to deceive the public is either dealing un­ laments with tears in his voice how the poor will suffer in hav­ fairly with them or unfairly with himself. Proper attention to ing to take the silver dollar. As he does not propose to discon­ this question will prevent any fair-minded man from making tinue the circulation of nearly $500,000,000 of silver which we such a statement here or anywhere else. now have, and as the law has provided that gold can not take its Do you suppose, Mr. President, that the miners of Nevada and place in gold dollars, because it does not make them, and as the of Colorado and of Monta'.la would be in arms on this subject if purpose of this bill, delib2rate and avowed, is further to depre­ they could make more than 100 per cent on every ounce of silver ciate the value of silver, let me ask the Senator what is to ba­ they mined? Does the Senator from New Jersey suppose that come of the poor people who will be obliged to take at a dis­ the capital of this country would not make haste to go to that count the $500,000,000 we now have because it is impossible in Western country to mine silver at 35 cents which they could sell the nature of law to get others, and why should he not weep a in the markets of the world for 84 cents? Senatorial courtesy few tears, imported from Wall street, for the benefit of that and Senatorial propriety prevent me from expressing my opinion class who are to have this depreciated and degraded mass of of such statements in such a way as I should outside of this metal thrust...into their pockets'? Chambar. They are made generally-not referring to them Mr. McPHERSON. Would the Senator from Tennessee pre­ when made here-for the purpose of deceiving. fer that I should answer all the questions of the Senator from Mr. McPHERSON rose. Virginia now? Mr. TELLER. I do not say the Senator from New Jersey; Mr. HARRIS. I would prefer that the Senator should not and I decline to be interrupted by him, as he declined to allow answer them now, and I am very indifferent whether he ever me to interrupt him at any time. answers them or not. [Laughter.J No man living can tell the cost of silver. It will be $5 an ounce Mr. STEWART. I know theSenatorfrom New Jersey never in some mines and 50 cents in others. The telegraph to-day re­ can answer them. port3 the fact th:::.t one of the greatest and richest of the groups of mines in the State of Colorado has closed because of the low MESSAGE FROM THE HOUSE. price of silver, at 84: or 83 cents or whatever it may be. They A message from the House of Representatives by Mr. T. 0. have been closing mines in Montana and Nevada and in other TOWLES, its Chief Clerk, announced that the House had passed sections of the country with the presentprica of silver. Under the following bills: these circumstances, to have a Senator stand here and tell us A bill (S. 118) for the relief of the estate of Isaac W. Talking­ that we are mining silver at an ave rage price in the United States ton, decea;.ed; and of 35 cents will hardly be tolerated without at least a protest.

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430 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

I am asked, how much did it cost to mine gold when we pl·o­ insert" under the direction of the Secretary of the Treasury;" duced in California $60,000,000 worth a year? Why, Mr. Presi­ so as to read: dent, gold was coined there at 10 cents an ounce. Did that fix That the Supervising Sm·geon-~neral of the Marine Hospital Service the price of gold? Did anybody in the world pretend that that shall, immediately after this act takes effect, examine the quarantine regu­ lations of all State and municipal boards of health, and shall, under the had anything to do with its purchasing power? I know it has direction of the Secretary of the Treasury, cooperate with and a.id State and been said that the great output would render it too cheap for municipal boards of health, etc. · money; but it has been reserved for modern times and ~dern Mr. PLATT. No; the words" Supervising Surgeon-General political economists to assert against a money metal that It was of the Marine Hospital Service" are put in the wrong place. unfit for use because by accident here and there it could be pro­ Mr. HARRIS. The amendment I offered was to come in af­ duced at a mere nominal rate. Does the Senator remember that j - ter the word " shall," in line 1 of section 3. a miner, in traveling in Australia from one camp to another, The VICE-PRESIDENT. The amendment will be again stumbled on a nugget valued at $30~000 in the forenoon, upon stated. which he had expended no labor at all, and does he suppose that The CHIEF CLERK. In section 3, linel, before the word "Ma­ gold should have gone into the markets of the wonld as abso­ rine," it is proposed to insert "Supervising Surgeon-General of lutely worthless because it had cost nothing? the;" and after the word "shall," in the same line, to insert "un­ Mr. President, at the proper time, when I can do so without der the direction of the Secretary of the Treasury;" so as to read: imposing upon the Senator from Tennessee [Mr. HARRIS], I pro­ That the Supervising Surgeon-General of the Marine Hospit..'tl Service pose to discuss the question not only of the cost of the product shall, immediately after this act takes effect, examine the quarantine regu­ lations of all State and municipal boards of health, and shall, under the di­ but some other things concerning it. rection of the Secretary of the Treasury, cooparate with and aid State and There never was a more senseless and ridiculous cry made by municipal boards of health, etc. any people than that whi?h ha~ been made by the advocates ~f Mr. CHANDLER. I think the mistake arises from the fa-ct the single gold standard m th1s country, or the pretended bi­ that there has been a previous amendment made in section 3, so metallists, who are bimetallists ohlyin name and not in fact, and that it will be necessary for the Senator from Tennessee to mod­ who, if they are bimetallists, have never shown the slightest in­ ify his amendment. Will the President direct the Secretary to terest in bimetallism. Everymovementthey havemadeinfinan­ read the first clause of the section as it now s tands? ciallegislation has been against bimetallism. The VICE-PRESIDENT. The clause will be read. There never was, I repeat, a more senseless cry of alarm than Mr. HARRIS. The bill, I think, is right. Perhaps the idea the cry which is made about the export of gold from this coun­ is repeated where it is not absolutely necessary; but the bill is try at this time. When the time comes and the proper oppor­ perfectly clear as it stands. tunity is presented, I shall demonstrate that no thinking man The VICE-PRESIDENT. The question is on agreeing to the need be alarmed about the export of gold, and I shall demon­ amendment. strate, above all, that there is no export of gold occasioned by Mr. CHANDLER. I should like to hear it read. distrust of our financial standing in this country; I shall show The VICE-PRESIDENT. It will be again stated. where the export of gold has gone for the last three years, and The CHIEF CLERK. It is proposed to amend at the beginning I charge now that the men who are howling about this matter of section 3 so as to read: are not alarmed. They do not fear that we are going to a silver That ~he Supervising Sm·geon-Geceral of the Marine Hospital Service basis; thev know that there are no signs of our going to a silver sh.a.l.l, immediately after this act takes e!!ect, examine the quarantine regu­ lations of all State and municipal boards of health, and shall, under the di­ basis. They think that the export of gold, smaller this year recti.on of the Secretary of the Treasury, cooperate with and atd State and than it has been during many others, and less threatening now municipal boards of health, etc. than it has been at other times, can be used as an engine, as a The VICE-PRESIDENT. The question is on agreeing to the method, as a me1l!ls of repealing the so-called Sherman act of amendment. 1890. The amendment was agreed to. I wish to say to them that they may butt their heads against The VICE-PRESIDENT. The next amendment proposed by the wall as much as they choose; but they have not the votes the Senator from Tennessee [Mr. HARRisl will be stated. either in this House or the other to repeal that law, and it will The CHIEF CLERK. In section 4, line 1, before the word '' Ma­ not be repealed in this Congress; that is morally certain. They rine," it is proposed to insert'' Supervising Surgeon-General of may as well arrange their financial affairs and their :financial the;" so as to read: views with a full understanding that they are impotent to touch That it shall be the duty of the Supervising Surgeon-General of the Marine that law between now and the 4th of March, and, in my judg­ Hospital Service, under the direction of the Secretary of the Treasury, to ment, they will be no more likely to do it after the 4th of March perform all the duties in respect to quar;mtine, etc. than before. The amendment was agreed to. Mr. CHANDLER. Mr. President, certain amendmentstothe Mr. WHITE. If the chairman of the committee will excuse pending bill were passed over at my request, ·which I ask may me a moment, I have an amendment which I should like to offer be now acted upon. as soon as I can prepare it. The VICE-PRESIDENT. The question is on the amendment Mr. HARRIS. Certainly. of the Senator from Tennessee [Mr: HARRIS] to section 3 of the 1r. CHANDLER. What is the question? bill. The amendment will be stated. The VICE-PRESIDENT. The Senator from Louisiana [Mr. The CHIEF CLERK. In section 3, line 1, before the word '' Ma­ WHITE] is preparing an amendment which he desires to offer. rine," it is proposed to insert the words "Supervising Surgeon­ 11r. CHANDLER. If the Senator from Louisiana will allow General of the;" so as to read: me, I will make a brief statement while he is preparing his That the Supervising Surgeon-~neral of the Marine Hospital shall coop am ~ndment. erate with, etc. Mr. WHITE. Certainly. Mr. PLATT. I wish the attention of the Senator from Tennes­ 11r. CHANDLER. Mr. President, the question as to the Super­ see for a moment. It seems to me that if these words a1'e to be visino- Surgeon-General of the Marine Hogpital Service having inserted in section 3 and in section 4, so that those two sections, been disposed of, I take occasion to make a statement in reference to my allusion on Friday last to thd organization known as the as they commence, shall read: . Gridiron Club. After I had stated that the press of the United That the Supervising Surgeon-~neral of the Marine Hospital Service, etc.- States was wholly represented in this city by the Gridiron Club, I there ought to be another amendment of section 3 to make it was informed that I wasmistaken,andthatoutofsome150 or 175 correspond with the language of section 4, which reads: representatives of the press in this city only about 30 or 40 be­ That it shall be the duty of the .Marine Hospital Service, under the direction long to that club. The criticism is made of m e that, having of the Secretary of the Treasury, etc. been informed on this point, I did not correct my remarks before they appeared in the RECORD. I preferred to let them stand as The words '' under the direction of the Secretary of the Treas­ they were uttered, and to make this correction in open Senate in ury" ought-to be either stricken out of section 4 or inserted in justice both to the Gridiron Club and the many other members section 3. of the press. Mr. HARRIS. I think they ought to be inserted in section 3 I have no doubt that the fact which has been stated to me is after the word "shall." Let them be there inserted. true, and that the press of the country is not wholly represented The VICE-PRESIDENT. The amendment will be modified in this city by the Gridiron Club, but only by some 30 or 40 out to that extent, and stated. of 150 or 175 members of the press here. I do not know whether Mr. HARRIS. The first amendment to the section is before an apology is due from me to any one, whether the members of the word "Marine" to insert ''Supervising Surgeon-General of the press not belonging to the club wish me to apologize to them the." because they do not belong to it, or what their sensitiveness, if The CHIEF CLERK. In section 3, line 1, before the word there be such, is; but inasmuch as I made no allusions to the "Marine," it is proposed to insert" Supervising Surgeon-Gen­ Gridiron Club, which were intended to be other than compli­ eral oi the;" and after the word "shall," in the same line, to mentary, I have, of course, no apologies to make.

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1893. CONGRESSIONAL RECORD-SENATE. 431

Mr. HARRIS. If the Senator will allow me, I prefer that the amendment should be disposed of now. It is true I have agreed with the Senator from Louisiana that if we could perfect the bill and reach the point of the question, Shall the bill pass? I would consent to accommodate him and ask that it go over until the conclusion of the routine business of Wednesday morning pro­ vided we can get the consent of the Senate to take the final vote then. If, however, this amendment is to be voted on the bill, I st.all not trouble the Senate by asking for the consideration of it so far as I am personally concerned. Mr. CHANDLER. I desire toask the Senator from Louisiana whether he desires to speak to this amendmen't? Mr. WHITE. This amendment practically formulates my ob­ jection to the entire bill. Of course, in addressing myself to this amendment I shall address myself to the entire subject­ matter of the bill as seen by my mind. I am ready, if necessary, to undertake that this evening, but I should prefer doing it to- morrow. · Mr. CHANDLER. I had hoped thatthe Senate might be able to act upon this bill at last, giving a full hearing to every Sena­ tor who desires to be heard. I know that constituents of the Senator from Louisiana, representing some of the public bodies in that State, are coming here and wish to be heard before this bill is disposed of, and I think it no more thanfairthatthe Sena­ tor should have the privilege, which the Senator from Tennessee says he proposes to accord to him, of having the final vote upon ·- this bill postponed until Wednesday. I suggest to the Senator from Louisiana that he postpone his remarks upon this amend­ ment, inasmuch as the amendment embodies what he has to say of substance against the bill, until all the other amendments are disposed of, and then, after taking a viva -roce vote upon this amendment, or not taking it, that the bill gooveruntil Wednes­ day morning, if the Senator from Tennessee has no objection. Mr. HARRIS. If I can get a unanimous-consent agreement that the Senator from Louisiana may offer this single amend­ ment, that no ot'tler amendment shall be offered upon that occar sion, and that there shall be no debate except upon this amend­ ment on Wedneseay morning, I shall very cheerfully consent to agree that the bill may go over after other Senators have had the opportunity to offer such amendments as they choose to offer. Mr. WHITE. The Senator understands, of course, that the debate ufon this amendment will take in the whole bill. When he says ' debate on this amendment" it may lead to a misunder­ standing; and I do not want to have any misunderstanding about it. Mr. HARRIS. So far as the debate of the Senator is con­ cerned upon this amendment, of course it may relate to the entire policy. He is not limited to any strict line. Mr. WIDTE. That will be very agreeable to me if it is agree­ able to the Senate. Mr. HARRIS. I do not wish the matter considered as open for general debate. It is open to-day for general debate, and I am willing to stay here as long in the hours of the day time and the night time as any Senator may desire to stay, in order that evary Senator may have an opportunity to offer any and all amendments he chooses, and to debate them to any extent de­ sired; but I want to fix a time so that there shall be a vote sooner or later. Mr. CHANDLER. I made the suggestion in justice to the Senator from Louisiana, because I know he wishes to consult his constituents who are coming here on this subject, and I also made it because I believe that by such a course really the debate will be shortened. I hone that after the Senator consults with his Louisiana friends, who are to be here to-morrow or the next day, he will find that he does not desire to make serious opposi­ tion to the passage of the bill. I therefore made my suggestion in the hope thah I should thereby shorten the speech of the Sen­ ator rather than with a view of postponing it. The VICE-PRESIDENT. Is there objection to the request of the Senator from Tennessee? Mr. HARRIS. If that arrangement is satisfactory to the Senator from Louisiana, I am willing, if the Senate will consent, that immediately after the completion of the routine morning business on Wednesday morning the Senator may offer his amendment; but that no other amendment shall be in order, and there shall be no general debate of other amendmen.ts to the bill, so as to come to a vote before we reach the conclusion of the morning hour at 2 o'clock,when the Senator from Minnesota [Mr. WASHBURN] will be entitled to the right of way. Mr. MORGAN. What will be the status of the bill in the mean time? ' Mr. HARRIS. The bill will be laid aside. Mr. MORGAN. That will cut off all amendments and all de­ bate. Mr. HARRIS. To-day the bill is open to all amendments and all debate, according to my suggestion.

"'· 432 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

Mr. MORGAN. It would not defer the bill now? Mr. WHITE. I do not care about stating my expectation. I Mr. BARRIS. By no means. We go on with it to-day. state the fact. Whether it would be courteous to them to say Mr. WASHBURN. Mr. President, I dislike very much t.ojn­ that we expected them to be absent all winter, is a question into terpose an objection to the proposed arrangement. Ivery trood­ which I prefer not to enter. naturedly gave way on Friday and Saturday last for the discus­ Mr. WASHBURN. Is the Senator prepared toname any rea- sion of this bill, on the most solemn assurance that it would b3 sonable time? closed up in those two days, but the discussion seems to have Mr. WHITE. I am not prepared to fix any time. run on, so that it was impo3sible to reach a vote upon it, and I Mr. CHANDLER. Will the Senator allow me a moment? have taken no exception to to-day being set aside for that pur­ Mr. WHITE. Yes. posa; but I do feel that I should not be doing justice to the bill, Mr. WOLCOTT. I do not understand that this floor is the which I to some extent have in charge, if I consented to have exclusive property of the Senator from Minnesota [Mr. WASH­ next Wednesday fixed for the further consideration of the pend­ BURN], or the Senator from Louisiana [Mr. WHITE], or any other ing bill. I will agree, however, to this, which it seems to me Senator. I apprehend that there is an opportunity for other is entirely fair, that the speeches which are to be made shall be Senators to shar.e and participate in matters which are going on made to-day, and that a time shall be fixed on Wednesday at in the Senate without having to call upon the Senator from Min-, which the vote shall be taken. With that understanding, I nesota or anybody else for permission, or without the Senator should interpose no objection to the arrangement. from Minnesota being compelled to tell us how generous he has Mr. HARRIS. I desire to say to the Senator that my own been in permitting a measure as comparatively unimportant as idea was that we should progress as far as possible to-day. I the quarantine bill to take precedence upon the floor of the Sen­ should have insisted upon completing the bill to·day, but for the ate; but if it is in order, the bill being now the special order, I fact that there is a committee on their way here from New Or­ move that this measure be made the special order for Wednes­ leans, of the constituents of the Senator from Louisiana, and he day next. desires to give that committee an opportunity to confer with Mr. BUTLER. What measure is that? him before final and definite action is taken. Mr. WOLCOTT. The measure of the Senator from Tennessee Mr. WASHBURN. It was in that view that I assented to the [Mr. HARRIS]. I move that it be taken up on Wednesday next. vote beino- taken on Wednesday; but I do not presume that the I apprehend iE an amendment is offered by the Senator from constitue~ts of the Senator from Louisiana are to bring with Louisiana [Mr. WHITE] he can not be cut off by saying that at them the speech that he is to make, and, therefore, it might as such a time he must stop talking; if any Senator objects to his well be made to-day and the time consumed now instead of Wed­ amendment, he shall not have the right to comment upon it; nesday. and that we must vote at a certain time, whether we are ready Mr. HARRIS. My request was limited to the morning hom·. to vote or not. I apprehend that it is within the province of Mr. WASHBURN. That I shall not object to. this body, if in its wisdom it shall so determine, to go on with Mr. HARRIS. Of course, when we get int) it in the morning the discussion until it is finished decently and in order. hour, it is perfectly frank to say to the Senator that I think he Mr. HARRIS. Let me suggest to the Senator that every Sen­ will yield then to allow ~t to be concluded, if it overruns the morn­ ator must agree, and hence the unanimous consent of the Senate ing hour; but myrequest does not now extend bayond the morn­ was asked to this agreement. ing hour. Mr. WOLCOTT. I understand the Senator from Tennessee Mr. TELLER. What is the request? to ask consent that nobody shall say anything after the Senator The VICE-PRESIDENT. The Senator fromColoradodesires from Louisiana gets through, unless he chooses to say it upon the Senator from Tennessee to restate his request. that amendment; and that he shall limit himself in point of Mr. HARRIS. My request was that we progress with the bill; time to such an extent as not to unnecessarily offend the Senator that is, complete its consideration by the offering of all amend­ from Minnesota, who has the antioption bill in charge. fLaugh­ ments and acting upon them, but reserving the right tothe Sen­ ter.] I apprehend that that would not ba essential to a proper ator from Louisiana [Mr. WHITE] on Wednesday morning im­ discussion of this question. If my motion is in order, I renew mediately after the routine business to offer the amendment he it, that the quarantine bill be made the special order for Wednes­ has now offered and to debat ~ it, but the debate is to be limited day next, at 2 o'clock. to that amendment, and we are then to come to a vote. Mr. BUTLER. I do not quite understood to what extent that Mr. TELLER. That is, on Wednesday morning? motion will go. Do I understand the Senator from Colorado that Mr. HARRIS. Wednesday, immediately after the routine the consideration of the bill shall be terminated on tha~ day? business of the morning hour. Mr. WOLCOTT. Not necessarily. I take it that it will be Mr. WASHBURN. And that the vote shall be taken at 2 terminated when it gets through. [Laughter.] o'clock? Mr. BUTLER~ My reason for making the inquiry is, that I Mr. HARRIS. If the Senator from Louisiana can get through have just received a dispatch from the chairman of the board of -· and has not forced some Senator to say something in reply. health of the city of Charleston, saying that that board desires Mr. WASHBURN. By opening that door, of course you will to send a committee to Washington for the purpose of being consume the whole day. h eard in regard to this very quarantine bill. If the considera­ Mr. HARRIS. My request does not extend beyond 2 o'clock, ti0n of the bill is to be determined on Wednesday, I shall tele­ but if 2 o'clock catches us in the midst of a debate which the graph them not to come. If, on the other hand, it is to be left Senate thinks can ba closed in thirty, forty, or sixty minutes, open to discussion, I should be very glad that those gentlemen the Se~ator would probably very cheerfully yield to what he should have an opportunity of being heard by the Senate. I do would not be willing to yield to to-day. not understand then that the bill is to be disposed of on Wednes­ The VICE-PRESIDENT. Is there objection to the request of day. the Senator from Tennessee? Mr. WASHBURN. Of course the effect of the adoption of this Mr. WASHBURN. I feel that I have been more than gener­ motion would be to displace the present unfinished business, and ous and liberal in giving way in the last three days. I shall ask the Senate that that shall not be done. I should very Mr. HARRIS. I acknowledge the Senator's generosity and gladly assent to the proposition of the Senator from Tennessee liberality. if I felt that the quarantine bill, which it was supposed would Mr. WASHBURN. The pending bill is a matter of supreme have been voted upon on Saturday, could be voted upon early in importance to the health of the country, and there was so much the day on Wednesday; but to displace the antioption bill at the interest manifested in it that I did not feel that I could interpose present time would, I think, be very wrong. I hope the motion any objection; but it seems to me that the matter has already of the Senator from Colorado will be voted down. gone too far. If we can agree here upon some reasonable time Mr. DOLPH. I should like to inquire as to the status of the when a vote can be taken on the antioption bill, then I should bill if this motion should prevail. I see that we have some four not be so anxious about the time to be consumed. I understand special orders now on the Calendar. If this bill is to be made there are only a few more speeches to be made on the an tioption the special order for Wednesday next, would it take its place at bill, and I ask unanimous consent that some time be fixed this the foot of the special orders already on the Calendar? week for voting upon the bill. I think it is no more than just and The VICE-PRESIDENT. It would take its place at the foot fair that such an arrangement should be compassed. I ask unani­ of the special orders heretofore made. mous consent that on Friday, at 3 o'clock, the vote may be taken Mr. DOLPH. We can not proceed to the consideration of this on the antioption bill and its amendments. measuretherefore, tmtil we dispose of the other four bills which Mr. WHITE. I can not possibly give that consent. The two have been made special orders? SenatorsfromNewYorkareboth absent and both have declared The VICE-PRESIDENT. The Chair so understands. that they intend to speak against the antioption bill. I there­ Mr. CHANDLER. 1 understand there is a very general con­ fore could not now possibly give the consent asked by the Sena­ currence in the Senate in favor of disposing -of the quarantine tor from Minnesota. bill before any other business is done. It is an emergency meas­ Mr. WASHBURN. Is it to be expected that the Senate is to ure; and I think it is not to be put off many days more on any ba held here all winter for those ~enators to return? pretext. I certainly trust the Senator from South Carolina [Mr.

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1893. CONGRESSIONAL REOORD--SENA.TE. 433

BUTLER] will succeed in getting the representatives from his National Government on the subject of quarantine is not a new Sta~ here immediately, if they desire to confer with him. It question. It is a question which arose almost coeval with the was expected that this bill would be disposed of in the Senate birth of the Government, I think in the Fourth Congress, when 1 on Saturday. It is now going over until Wednesday before final the ravages of yellow fever, just preceding the session of that conclusion to accommodate the Senator from Louisiana [Mr. Congress, had produced very much the same sense of consterna­ WHITE]. If it is to go over still further so that persons may tion which is in the minds of the country to-day on the subject come here from South Carolina we shall not get that speedy of cholera. An effort was made to establish a national quaran­ action which it is vital should be secured for the bill. tine, and the question of the power of the Government to do that I understand the motion of the Senator from Colorado [Mr. was then discussed, and was defeated. Subsequently the same WoLCOTT] not to take this bill from consideration to-day, but to opinions prevailed, and no less a person than Mr. Adams, of be in effect to give it consideration to-day and on Wednesday. Massachusetts, seems to have considered that the very nature I suggest to the Senator to add to his motion "to the exclusion of the quarantine power required the presence of locally ap­ of all other special orders for that day." If he makes that mo­ pointed officers, and the attempt to legislate was frustrated. tion, and that is to be the understanding, I shall 'vote for it, After the frustration of this attempt thus to legislate, when although I do not wish to displace the antioption bill. I do not yellow fever had again ravaged the country from one end to the wish to lose to-day, because I believe that we can finish the bill other, invaded all or nearly all the northern and eastern cities, practically to-day, and then if we postpone the vote until Wednes­ the attempt was renewed, was again resisted not only on con­ day morning, the situation will be satisfactory. Otherwise it stitutional grounds, but upon the broader ground that the very will not be. nature of quarantine required, in order that it should be effica­ Mr. WASHBURN. Why not vote down this motion and go ciously exercised, that it be lodged in the local authorities. on with .the consideration of the bill to-day? That struggle led to the enactment of the act of 1789, which Mr. HARRIS. I am constrained tocall for the regular order simply provided that it be the duty of the officers of the National as we do not seem to be coming to a. unanimous consent agree­ Government to aid the States in the enforcement of their quar­ ment; but I will state to the Senator from Colorado that his mo­ antine regulations. tion, if made at this time, would only have the effect to make the Thus coeval with the Government this question arose, in the pending bill a special order for that day, and the unfinished busi­ early Congresses, filled with the men who had helped to frame ness would take precedence of the special order. His motion the Constitution, and who were imbued in every fiber of their would be in order on that day if he chose to make it, if this bill being with the principles which had given that Constitution life. remains undisposed of. So the act of 1789 was kept on the statute book. The decision Mr. WOLCOTT. !apprehend-and upon this I would ask the in Gibbons vs. Ogden, wherein Judge Marshall, whom certainly counsel of the Senator from Tennessee-that if the motion were nobody can accuse of not being Federalistic in his tendencies, to the effect that the quarantine bill be made a special order declared that the quarantine power was lodged in the States, for Wednesday to the exclusion of other special orders and all and not in the Federal Government; the~efore that the States other business, it would take precedence, but that can be only could legitimately exercise it. done by unanimous consent. Now, the jurisprudence crystallized around that dicta in Gib­ Mr. HARRIS. If the Senator from Tennessee were in the bons vs. Ogden, down, I think, to a case from my State, the Mor­ chair he would answer that question, but he prefers not to do it gan Louisiana Steamship Company case. In that case the court, on the floor. undoubtedly a?·guendo, said that the quarantine power is vested The VICE-PRESIDENT. The Chair is of the opinion that it in the Stat2s, like the bankruptcy power, subject only to non­ would require unanimous consent to displace special orders al­ action on the part of Congress; that the authority existed in ready existing and the unfinished business. Congress to step in and assume the quarantine power, and nec­ Mr. WOLCOTT. I withdraw my motion. essarily with the stepp'ing in of the Federal power the State The VICE-PRESIDENT. The Senator from Colorado with­ powerceased. Butsuchstatementin the case is pure dictum, not draws his motion. The regular order is called for, which is the at all necessarily connected with the decision of the case, which amendment of the Senator from Louisiana [Mr. WHITE]. involved only the question of whether the State quarantine .. , Mr. WIDTE. I desire to modify my amendment by striking charge imposed in that case was a tax on tonnage within the in­ ... out the words '' ipso facto" where they occur. tendment or purview of the Constitution. The VICE-PRESIDENT. The amendment will be stated as Therefore, if we look at it solely as a question of authority, modified. the greater weight and the great burden of authority, includ­ The CHIEF CLERK. On page 9, it is proposed to add to sec­ ing the voices of many of the fathers of the Constitution, is that tion 8, the following: the quarantine power is a State and not a national power. All the provisions of this act shall expire on the 1st day of January, 1895. But the objection I now make to the pending bill is not a con­ Mr. BUTLER. Mr. President, I am very much disinclined to stitutional one. That is not the objection which causes me to ask any further continuance of this discussion; but I should be now oppose it. I could rest content perhaps in my own mind very glad, unless there is some very great exigency or urgency, with the dictum in the Morgan Louisiana Steamship case, and the that the request of the Senator from Louisiana should be com­ authorities which support it, and admit the Federal powers. I con­ -plied with. I understand that he is expecting a committee from cede for the purpose of what I propose to say that the quarantine Louisiana. I have only received the dispatch to which I have powrer is one which rests in the States only so long as Congress referred recently, and I am frank to say that I telegraphed at does not act, and the moment Congress acts the States' power once to the chairman of the board of health at Charleston that ceases to be. From the point of view which I take I want to it was too late for the committee to have any effect in the city of plac3 myself right in the spirit and mind of everyone who be­ Washington, but upon more recent information I was about to lieves in the extreme of the exercise of the quarantine power by advise them that they might come with a view of pressing their the Federal Government, and it is from ~his point of view that! views. If the bill is to go on now until a conclusion I shall not wish to discuss the bill. send the dispatch. _ Certainly if we believe that the power should be exercised by Mr. HARRIS. I would say to the Senator from South Caro­ the National Government we believe it should be wisely exer­ lina and to the Senator from Louisiana that I have tried in every cised. None of us think that it should be unwisely exercised. way possible to accommodate the wishes and views of every The magnitude of the power goes beyond my tongue to describe. Senator in respect of this matter. I desire that we shall pro­ The quarantine power reaches out to every port in this land~ It ceed., and that every Senator shall have to-day an opportunity stretches from the lowest point on the Gulf to the highest point to offer all the amendments he proposes to offer. When they on the Atlantic. It circles the Pacific coast with a grasp of iron. have all been disposed of, when the bill has been reported to the It reaches along the Great Lakes. This bill provides for inter­ Senate, the amendments concurred in or rejected, and we are state quarantine. It goes everywhere in this land, into every ready to vote upon the final passage of the bill, if the Senate home and every village, because the power which it asserts is a shall give unanimous consent to let that vote go over until power to go everywhere where disease or pestilence prevails. Wednesday, I shall be very ready to agree to it; but I am not I say if we are going to bring these great powers into play, let willing to waste to-day with the doubt and uncertainty as to us bring them into play at least with some of those safeguards whether I can get another day for the consideration of the bill. which have been thrown around them in every civilized country I prefer to proceed with the regular order now. where they are invoked. Does this bill do that? Sir, it does The VICE-PRESIDENT. The question is on agreeing to the nothing of the kind. I ·read last night the English quarantine amendment of the Senator from Louisiana as modified. legislation. With sedulous care it defines the limitations of Mr. WIDTE. Mr. President, I dislike very much to be called what the general power shall be and it confides-to the local au­ to the discussion of this bill without putting my thoughts in or­ thorities those things that are necessary to be done locally. They der, so that I may state them more clearly than I necessarily give to all the local ports in Great Britain their voice and control shall be able to do when speaking in a desultory way. within just limits. They put their limitation as to what can be The question of the power invested by the Constitution in the done by the privy council. XXIV-28

, 434 CONGRESSIONAL RECORD-SENATE~ JANUARY 9,

What does this bill do? Now, let us see. If there be a crying Mr. WHITE. I will hear the Senator from Tennessee, and necessity for national quarantine; if we all start with a full ad­ then I will respond to his reply. mission that our purpose is to adopt a national quarantine, and Mr. HARRIS. The third section of the bill provides that at that our duty is to do it, let us adopt one and not adopt a hybrid ports and places where there are no quarantine regulations the system which is neither fish, :flesh, fowl, nor good red herring, Federal authority may make such as are deemed absolutely nec­ and which delegates the powers that it does delegate by subter­ essary to pre-vent the importation of contagion, and at ports and fuge and evasion. places where there are quarantine regulations, if deemed insuf­ Now, let us look at it. What does the bill provide? Is it a ficient, the Federal authority may make additional rules and bill to create a national quarantine? Look at its title. It is en­ regulations. titled" A bill making an additional grant of power to the Ma­ Mr. BUTLER. If theSenatorfrom T ennessee will permit me rine Hospital Service." Is it contended that the national quar­ to interrupt him right there, I beg to differ with him as to the antine exists to-day'r' No. If this is to be an act creating the answer given to me by the Senator from Louisiana, because I national quarantine why doeB not the title say so? What does think he answered my question correctly according to the Sen­ it do? Its first section delegates to the· Secretary of the Treas­ ator from Tennessee's own interpretation. ury the supreme power to make rules as to quarantine-the Mr. HARRIS. It does not interfere with any rule or regula­ power to make regulationB for merchant vessels ooming in. tion of the State board, but it makes additional ones under the Its second section compels these vessels to comply. Its third power to regulate commerce with foreign nations and amongthe section (and here comes the trouble in this proposed act) says States. what? That it shall be the duty of the Marine Hospital Service Mr. BUTLER. Then I submit, with the permission of the Sen­ to enforce the regulations of the States where they are proper ator from Louisiana, that with the power vested by the bill in regulations, and to make regulations where there are none. the Marine Hospital Service they could practically set aside and They are to be the judges, or the Secretary of the Treasury is to do away with any local regulations made by State authority. be the judge whether the State enforces the regulations, and, if Mr. HARRIS. So far from it, it does not interfere with them, not, then the power exists to step in and enforce them. and proposes to aid them in all their quarantine operations. I asked the Senator from Connecticut [Mr. PLATT] a question Mr. BUTLER. I thank the Senator from Louisiana. the other day which I think was a significant-question, whether Mr. WHITE. I thank the Senator from South Carolina, and from the foundation of the Government there had ever been a I am very much obliged to the distinguished Senator from Ten­ power conceded to the Federal Government, even questionably, nessee, because his answer affords me an opportunity to do now where the immediate and necessary resultant has not been that what I intended to do this morning. In the course of my re­ the Federal Government assumed the authority-whether every marks day before yesterday I said that the bill by its provisions claimed infraction has not been decided in favor of the exercise does by indirection what it proposes. When I said that day be­ of the Federal vower and again~t the State power, thereby mak­ fore yesterday the distinguished Senator from Tennessee in the ing the Federal power absolutely dominant. course of debate took occasion to say that he repelled it. I had It is of the essence of quarantine that local autonomy should intended this morning to meet that remark of his by the state­ exist, regulated, if you please, by uniform rules, but not lodging ment that of course there never entered into my mind the pos­ the power in any distant executive officer to destroy local rules sibility of a conception that there could be any indirection in at his volition. This bill is not an act of legislation at all. It the purposes and motives of the distinguished Senator from is a delegation to an executive officer of the Government of the Tennessee, and therefore the repelling of what I said seemed to great power to determine as he pleases as to all the quarantines me an unnecessary repulsion. in this land, to determine the time of detention, to determine But his statement on the :floor to-day makes it perfectly clear the nature of disinfection, and t.o follow that power up by all the to me that the difference between himself and myself is the dif­ great powers which are necessarily consequent on it embraced ference of the vision with which we look at the subject. We in it in its very terms. stand in the position of the knights, one of whom saw a shield It reaches out, as I have said, not only to the extraterritorial of gold and the other of silver. We stand in the position of an quarantine against the invasion of foreign pestilence, but the Irishman and a Frenchman who quarreled. The Irishman being bill says ''from State to State." So to-morrow, if in any village in France met a Frenchman and he asked, ''Can you tell me -or town an epidemic of diphtheria occurs and the national au­ where I can get a drink of whisky?" The Frenchman said to thority considers that the existence oi diphtheria in that town him,'' Monsieu1· me demande?" "Ahl" says the Irishman," you threatens another State, the municipality can be wiped out of ex­ say ' be damned?' Be damned to yourself," and he knocked him istence and the Federal power step in; thus the whole autonomy down. [Laughter.l They were arrested and taken to the lock­ is absorbed and destroyed. up, and w-hen it was explained that there was only a misunder­ If we are going to do this stupendous and awful_ thing, if we standing of the teriDB used there was no quarrel whatever. I are going to make this mighty change in the fabric of our Gov­ am q)lite sure that is the case between the Senator from Tennes­ ernment, let UB at least do it as reasonable men, and throw see and myself. around it the safeguards and the limitations which necessarily But nothing can bridge over the mental chasm which lies be­ mUBt be thrown around every quarantine power in order that the tween himself and myself in the conception of the provisions of power may be wisely exercised. Are we here in the perform­ this bill. If the bill does not do~hat I say it does, then the ance of our legislative functions to gi v~ them up, to confess our English language has been written in vain. Let me take it up ineptitude, to say we propose to legislate for the whole country and see if this is not perfectly plain: and make a revolution greater than has been contemplated from That the Supervising Surgeon-General shall cooperate with and aid State the foundation of the Government; and we will make it not by and municipal boards or health in the execution and enforcement of the rules and regulations ot such boards and in the execution and enforcement exercising our judgment and providing what shall go in the bill, of the rules and regulations made by the Secretary of the Treasury to prevent but we will make it by delegating our legislative responsibility the introduction of contagious or infectious diseases into the United States upon this great issue to a ministerial officer? from foreign countries, and into one State or Territory or the District of Co­ lumbia from another State or Territory or the District of Columbia; and at Mr. President, that iB what my amendment means. If we are such ports and places within the United States as have no quarantine regula­ to make this temporary makeshift, if the origin of the bill is tions under State or municipal authority, where such regulations are in the the dread of incoming cholera, then let us take the time to legis­ o~inion of- late wisely upon the subject in future. "Are, in the opinion of"- Mr. BUTLER. Would it disturb the Senator from LouiBiana the Secretary of the Treasury, necessary to prevent the introduction of if tput a question to him? contagious or infectious diseases into the United States from foreign coun­ Mr. WHITE. Not at all. tries, or into one State or Territory or the Dlstrict of Columbia from another State or Territory or the District of Columbia., and at such pcrts and places Mr. BUTLER. He has examined the bill with very much within the United States where quarantine regulations eDSt under the au­ more care than I have. Do I understand him to say that his thority of the State or municipality which, in the opinion of the Secretary construction of the bill now before the Senat-e, is that if the city of of the Treasury, are not sn:tlicient to prevent the introduction of such dis­ New Orlettns, or New York, or Norfolk, or Galveston, should es­ eases into the United States, or into one State from another- tablish local rules and ·regulations for the exclusion of an infec­ Then the rules and regula tiona of the Secretary of the Treasury tious disease, the regulations made by the Marine Hospital shall prevail, and he may assume the enforcement. That is the Service under the bill would set those regulations aside? bill. It says they shall enforce the rules of the State boardB, and Mr. WHITE. Unquestionably and unhesitatingey. The bill they shall supplement such rules as in their judgment are nec­ says so in terms. essary,and when in theiropinion the State rules are wrong, their Mr. HARRIS. Will the Senator from Louisiana allow me to opinion dominates over and controls. If that is not the lodging join in answering the Senator from South Carolina? of the uower in them to exercise the whole sum of the confided Mr. WHITE. I should rather answer the Senator myself, as power,-then I do not know what the English languag-e means. the question was addressed to me. Mr. HARRIS. Will the Senator allow me to ask him a ques­ Mr. HARRIS. The Senator from Louisiana has answered the tion? Senator from South Carolina, and answered him incorrectly, as Mr. WHITE. Certainly. I conceive. . Mr. HARRIS. If the Federal authority shall decide that the

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·.,. - 1893. CONGRESSIONAL RECORD-SENATE. 435

rules and regulations of the State board do not go quite far the world? Why not write a bill drawing broad lines, putting enough and shall supplement those rules by additional rules, power in a nationally created board, regulating their relations to does it operate as a repeal of any of the existing insufficient the local boards, and giving each their share of authority neces­ rules? sary to uniformity and for safety, but not creating this machinery, Mr. BUTLER. It nullifies them. which by subterfuge or some indirect language reaches out its Mr. HARRIS. The Senator from South Carolina says, ex ca­ arms to put the hand of death upon the local ·rights of all the thedra, it nullifies them. people of this land? Mr. BUTLER·. No, I beg the Senator's pardon, I did not say I ask any Senaror here if to-morrow (let me take the distin­ it ex cathedra. guished Senator from Mississippi [Mr. GEORGE] in his city of Mr. HARRIS. He did not pronounce that phrase, but I say Jackson) twenty cases of diphtheria should occur, and the State it. board of health says," I make a rule about this that provides so ::... Mr. BUTLER. I said it sotto voce. and so." The Marine Hospital Service comes in and says, "I Mr. HARRIS. That perhaps is a better term. think so and so, or Mr. Local Board of Jackson you will not en­ 1\fr. WHITE. Suppose the law said to the distin.:,cruished Sen­ force your regulations as I think they ought to be enforced. I ator from Tennessee, ':You shall carry your pocketbook in your send my inspector to your town and take possession of it, because pocket; it will be yours unless in the opinion of the footpad whom the contagion which is germinating here may fan into a confla­ you meet on the street he shall have a right to take it," where gration and reach out into the State of Tennessee." would the Senaror's pocketbook be? I repeat, and I ask this ques­ Therefore, as was said by the Senator from Connecticut [Mr. tion, Where, from the foundation of the Government, can the dis­ PLATT] the other day, the power to stop infection is the power tinguished Senator from Tennessee point to a lodgment of a power to go into the house and home of every man in this land from one in the Federal Government wherein, in the opinion of the Federal end of it to the other. That is the power which this bill gives, Government, their power was to exist according to their judg­ and I raise my voice of warning here. It is the power which, if ment of its existence, has the Federal Government failed to the bill passes, is going to be exercised. It is a power which is dominate? going to follow every man here in his home for the rest of his Mr. HARRIS. I should like to ask the Senator another ques­ days. It is a power which is going to sow the dragon's teeth of tion. centralization. Cholera is the nightmare and the bugbear held The PRESIDING OFFICER (Mr. PASCO inthechair). Does out to frighten people out of their elementary conceptions of the Senator from Louisiana yield to the Senator from Ten­ liberty-to invade their rights. That is the truth. nessee? Now, Mr. President, what does my amendment provide? Mt>. WHITE. Certainly. What objection can there be to my amendment? I say this is Mr. HARRIS. Assume that the State board has imposed by not a complete national quarantine act. No man cont9nds that regulation ~all a dozen restrictions upol?- the entry into that it is. Its· very title shows its infirmity. Its every provision port, and the Federal authority shall dec1de that all of the hall shows its infirmity. The great influence of the Marine Hospital dozen restrictions are not quite sufficient to give absolute secu­ Service and the many places which this bill creatas causes the rity to the health and well being of this country and add one purpose to stifle liberty to speak out of every line of the bill. other restriction, does the adding of that one other restriction The statement was made on the floor day before yesterday that repeal the half dozen the State board has provided, especially the rules which were to execute this proposed law were pre­ when the act authorizes the State board to enforce each and pared by the Marine Hospital Service before the bill had been every one of its regulations as well after the passage of this pro­ brought up. posed act as before it? Let us admit that the bill just as it is drawn up is necessary; Mr. WIDTE. I will settle that question between the Senator I am discussing my amendment. Let us admit that it be abso- • and myself by the colloquy which took place in the Senate a lutely necessary that we pass the bill to-day; that unless we pass while ago as to the postponement of this bill. The Senator, with the bill to-day stalking all over this land wili be cholera, carry­ his usual kindness and consideration, proposed that the bill ing misery and suffering and pestilence into every home, and should go over with limitations. If the rules of the Senate had therefore that we must pass it. Wi1l we not passitwithregret? provided that it should go over as my opinion chose (and I Will we not pass it with reluctance? Will we not say we would reckon that my opinion would have chosen to carry it over to rather have taken the time and matured this great legislation, the end of the session), I submit the question whether the ex­ as every other country has done, so as to make a uniform and ercise of my opinion would have been a repeal of his opinion or concordant and coherent system, measuring the responsibilities not. That is an answer to the question he put to me. I say it and rights all over the land? We have not the time to do it, with the greatest respect, in the domain of discussion, in my because we see coming on us this dread pestilence and we will judgment it is not a question at all. · pass the bill. We make all the sacrifices necessary. I call the attention of Senators, I invoke their careful consid­ Does my amendment hurt the bill? Does my amendment take eration, to the awful consequences which are going to flow out of out of the bill a single provision in it that makes it effica,cious? this bill. I beg them to pause and not to be carried away by any No, sir; my amendment simply provides that the bill shall last temporary hue and cry of cholera. Our forefathers were not untill895, and then it shall cease and determine unless Congress carried away in the Fourth Congress when the yellow fever chooses to continue it. Tf I am wrong in the awful experiment raged from one end of this land to t:Q.e other and an attempt was which the bill makes, if I am wrong in the mighty concentration made to usurp all these great local powers and lodge them in the of power which flows out of it, what harm does my amendment Federal Government. do? In the earlier and betterdaysofthe Republic, in many of the I say this misconception-and I use it as·a word of discussion, Congressional and other acts, such a provision was inserted. full of respect for the distinguished Senator-this misconcep­ If I am right, then from this till will come the mighty brood of tion on his part of the very terms of the bill which he is ad­ Marine Hospital doctors, spread into every hamlet and every port vocating on this floor with so much zeal and so much devotion and foreign ports under salaries; you are going to sow the wind in ·. should strike the death knell of the bill, because if he does not order that you may reap the whirlwind. When you come to understand the necessary consequences of the English language repeal the law the lobbies of this Capitol will be full of a host of in the bill why should we put it upon the statute books without employes imploring and pressing and pulling wires, and it will limitation permanently? be very difficult to repeal it; yes, nearly impossible. That is What follows in the bill? Read the language put in day be­ why the wisdom of our fatheTs in the earlier and better days of fore yesterday, which says that the Marine Hospital Service the Republic breathed into so many of their legislative acts such shall be the judge of how the rules are enforced after their rules a provision. It was because they knew that to give birth to a. are made. In other words, if here and there and anywhere power gave birth to the influence and struggle to succeed to make ·these local boards, when a question arises, say, "Well, I think that power continuous and perpetual. -- the eniorcement of the law is this," and they act upon their If, on the other hand, this bill is the merciful child o! the judgment eo instanti, there arises in this bill the creation of a providence of God, which its authors state, what harm will this power authorizing the Federal board to say, "Your judgment is proposed amendment do? I should fancy if all the blessings wrong; we represent the sum of all the local powers in the coun­ which the distinguished Senaror sees concealed in the bill are try and exercise them ourselves." by it to be poured out upon this people, we would have to tear What could be more appalling in danger to the people of this down the arch of this door and make it wider in order that the country? Admit (and I am not controverting that view) the legislators might rush into these halls to continue that mercy necessity for a national quarantine; admit its constitutionality; which the bill would have bestowed upon the country. . admit its wisdom, admit its expediency; are we going to adopt In whatever way you look at it my amendment does good. If a national quarantine, bringing in it provisions which are fatal the bill is bad it saves the people of the country from the con­ to local self-governmentfrom one end of this country to the other, sequences of a. struggle to frustrate its repeal. If the bill is good when those provisions are not necessary for national quarantine, it does not prevent them from continuing it. are not found in the quarantine laws of any civilized country in Mr. President, I wish to call the attention of Senators on this I ., ...

436 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

floor to a fact. I am not left to conjecture about this matter. dom and the zeal and the energy of a board of health and quar­ One ounce of prevention is better than a pound of cure, and one antine authorities which allow things such as these to occur year iota of experience is better than oceans of theory. What admis­ after year? I protest in the name of the people who are my sion have we had upon this floor? We have had the admission neighbors, I protest in the name of the whole people of the valley that years ago in these halls a national quarantine law was of the Mississippi, against a failure to exercise the power that passed, and that the appropriations to carry"it out never could we unquestionably have, and that they have a right to demand • / be obtained because of the jealousy of the Marine Hospital or­ we shall exercise for the security of their lives and their health, ganization, which came into these halls and rendered that na­ even though it may be distasteful to the New Orleans quarantine tional quarantine law inoperative. authorities. I say, with that statement recently made on this floor, where is The people of New Orleans are acclimated. There are very there a Senator her~ who will not say that if such was their few if any adults who reside there who are not exempt from power without a quarantine bill in their favor, when you have yellow fever, having once had it. Hence they have little or no multiplied their official functions and exte~de~ them all ~ver th~s fear of it, and naturally are not so vigilant l.n excluding it as land with strength and power and offiCial mfluence m their the security of the people in the interior demands. hands, they would not be able to accomplish that which they New Orleans has a large and profitable trade with Havana succeeded in accomplishing when they had neither of them? and Vera Cruz, where yellow fever always exists. I say if necessary in your opinion make the experiment. If If the theory of the Senator from Louisiana prevails, thew hole you are determined on it, make it, but make it in such a way as people of the interior States are compelled to rely upon the suf­ to build a breakwater against the consequences which I see lurk­ ficiency of the regulations made by cities on the seaboard, and ing in the provisions of the bill, and which will leave you with­ the sufficiency of their execution by authorities over which they out, perhaps, the ability of altering and changing in consequence have no control. It is the duty of this Government to exercise of the great influence exerted when the disaster which the pro­ its constitutional powers to protect the whole people and not visions of the bill contain will have worked themselves out. compel the people of interior States to rely entirely upon the Mr. HARRIS. Mr. President, there is scarcely a sanitary or­ States upon the seaboard for their protection, when we know ganization in the United States that has not, year by year, and that if a single. gate is left open, through which contagion may . "' for several years, urged the absolute necessity of an efficient and enter, the whole country must suffer the disastrous conse­ uniform quarantine system throughout the United States. The quences of an epidemic. only exception that I know of to the absolute uniformity and This bill does not propose to interfere with State quarantines unanimity of that recommendation comes from a few local boards in any way except that where their rules and regulations are not of health jealous of their positions, jealous of their authority, sufficient to protect the people of the country the Federal au­ and perhaps somewhat devoted to the income that results from thority shall step in, in the legitimate exercise of the power to the execution of their regulations. Some of them have always regulate foreign and interstate commerce, and make rules and opposed any attempt by the Federal Government to interfere regulations which will strip that commerce oi contagion and pro­ at all. tect that people; that is all. Now, what is the plain and unmistakable queRtion for the Sen­ Now, Mr. President, I want to dispose of the pending bill. I ate to decide? The Senator from Louisiana [Mr. WHITE] will t.bj.nkitimportanttothewholecountry thatitshould be promptly not differ with me in the assertion of the power in Congress to passed, and therefore will not consume more time in debate; but regulate commerce with foreign nations and among the several I will ask to have the report read, and I will put into the REC­ States. Every power granted in this bill is the exercise of that ORD the action of the New York Board of Trade and Transpor­ • constitutional power to regulate commerce with foreign nations tation, sent to me yesterday, in respect to this matter, which I and among the several States. I defy any Senator to point out will have put into the RECORD without reading' at present. a single power granted by the bill that dpes not legitimately fall The PRESIDING OFFICER. The report will be read in the within that clause of the Constitution. absence of objection. The plain, practical question for the Senate to decide is, Shall Mr. VEST. Mr. President, it is not my purpose to discuss we have ona uniform and efficient system of quarantine regula­ this measure, but as I propose to vote for it-- tion throughout the whole country, or shall we have forty-four Mr. HARRIS. Let the report be read. different systems of commercial regulations? For if the Federal The PRESIDING OFFICER. The report submitted by the Government does not exercise the power to regulate commerce Senator from Tennessee was about to be read in the course of his in respect to this question of quarantine, the courts have de­ remarks. cided. and I think properly decided, that the States may exercise Mr. VEST. I beg pardon; I thought he only wanted to print it. The whole theory of the argument of the Senator from it. Louisiana is that the Federal Government should ignore its The PRESIDING OFFICER. The report will be read. power to control these questiom and allow the forty-four States The Secretary read the following report, submitted by Mr. each to form its own system of commercial regulations. HARRIS January 4, 1893: I have a somewhat sad experience,-which accounts in some de-­ The Committee on Epidemic Diseases, to whom was referred the bill (S. gree for any enthusiasm I may have in support of this measure. 2707) granting additional quarantine powers and imposing additional duties upon the Marine Hospital Service, submit the following report: I chance to live at the head of deep-water navigation of the great The committee is satisfied that an etrective and uniform system of fl uaran­ Mississippi River. New Orleans rests at the mouth of that great tine regulations vigorously enforced at all ports and places having c Jmmer­ channel of commerce. It is the New Orleans board of health cial intercourse with foreign countries is absolutely necessary as the only m eans or preventing the importation of contagious and infectious diseases that speaks here to-day through the Senator from that great into this country from other countries, and that a perfect and uniform sys­ State, protesting against any exercise o! the powers of Cong:ess tem is equally necessary to prevent the importation of such diseases into to regulate commerce in respect to this matter of quarantme. one State from another. Some of the States have adopted systems of quarantine regulation which, Efficient, and great, and able, and patriotic as the board of health in the opinion of the committee, a.resutll.cient, so far as treatment at the port of New Orleans may have always been and may be, I chance to of entry is concerned; but many others have no quarantine regulations what­ know that the city in which I live has been under my own eye ever, and if a single gate is left open to the introduction of such d~seas~s the whole country may sutrer the disastrous consequences of fatal ep1denucs. decimated as often as twice by yellow fever, which was allm..ved Scientific investigation has asserted that neither yellow fever nor cholera to slip through the quarantine regulations of New Orleans either originates in this country, but that i! either is imported, under certain at­ because of the fact that their rules were not sufficient in them­ mospheric conditions they will take root and spread with disastrous r apidity selves or not enforced with sufficient vigor. an,fh~a;:~i:£important of all considerations is to keep them out, and in the Memphis has suffered to the extent of the decimation of her opinion of the committee the only means of etrectually preventing their im­ population as often as twice, and I have sat there and looked out portation is a thorough system of national quarantine, whicb shall be uni­ my window for week after week during the epidemic of 1873 form and enforced with vigor at every point of intercourse with foreign nations, and equally unifo~m and equally ~nforced as bet:ween States. when not a door was opened except the door of the drug store, State quarantine authonties have been Jealous of any-mterference by na­ the doctor's office, and the undertaker's shop. I have walked tional authority w.ith their quarantine regulations. and those or New York the street, sir, from my house to the post-office, day by day, to and New Orleans have heretofore steadily opposed any national control of the subject. . get my mail, and have found not a single door open in that city The quarantine regulations of these States give a large revenue to these for weeks except those that I have named. There was not a States or to their boards of health, and for that reason, if for no other, they may be expected to oppose national control. family in the city which could venture to aid its neighbor be­ Now, however perfect their systems of regulations and the systems of other cause the patients in its own house were so numerous as to de­ States may be, they are but the systt>ms or a small proportion of for ty-four mand the attention and the nursing of every m~mber of the s~~sforty-four States need, demand, and are entitled to protection from family. There was not an object moving on the streets except this importation of disease. ·the hearse, followed by perhaps one carriage or a buggy with The eighth seetion of article 1 of the Constitution of the United States pro- the surviving members of the stricken family accompanying the vides that- . . "Congress shall have power to regulate commerce with foreign natiOns remains of the last victim to the grave. For weeks at a time I and among the several States and with the Indian tribes." have witnessed scenes like those in 1873, and it was worse in 1878. The regulations proposed by this bill are strictly regulations of foreign Are we to be compelled to rely now and always upon the wis- and interstate commerc~ and nothing more. 1893. CONGRESSIONAL RECORD-SENATE. 437

The transportation of a person or any article of merchandise from any for­ The question thus presented for investigation and consideration is: Do the eign countrv to this country, or from thiS to any foreign country, is an a.ct safety and welfare or the people of this country and the interests of com­ of " commerce with foreign nations," and the transportation of persons or merce demand the establishment of a uniform system of quarantine in the property from one State to another is an act of "commerce among the United States, under the management of the Federal Government? States." This question is not a new one, but renewed interest attaches to it by rea­ This bill proposes to so "regulate commerce with foreign nations and son of the experiences of the past year and the dread of the threatened in­ among the several States" as to strip it of contagion and infection. vasion ot cholera during the coming spring and summer. The obligation Under this power to regulate commerce, Congress has from the beginning of government to protect the people, by the best means it can command, of the Government made large annual appropriations to remove snags, bars, from the ravages of pestilential and infectious diseases is fully recognized and other obstructions from the navigable waters of the country. by all enlightened nations. and no apparent C'onfiict between a national and Under the same power it has established and maintains a system of light­ a State system should be allowed to int erfere with a proper discharge or the houses and life-saving service, for the maintenance of which annual ap­ duties which such obligations and the exigencies or the times demand. propriations of about :£3,500,000 are made, and, as the committee believes, Eliminating from the question thl} consideration of all local and political wisely made. interests, the committee has sought information from every available So it appears that under the power to "regulate commerce with foreign source that would throw light upon the subject and disclose the true condi­ nations and among the several States "Congress appropriates in the aggre­ tion of the defenses of the country as a whole, as they now exist, against the gate from $15,000,000 to $20,000,000 annually, and in what interest? The only threatened invasion of cholera and other epidemics and infectious diseases. interest it subserves is to facilitate the single interest of commerce and give The committee has not investigated the existing administration of quaran­ greater security to the lives and property of that very small proportion of tine at this port, and presents to you no t estimony r elating thereto or criti­ the American people who chance to be afloat upon our waters. cism thereon. New York is but one point in the line that needs defense; it But the whole American people, 65,000,000 in number, are directly and is immaterial from the point of view of this investigation, whether New deeply interested in the establishment and maintenance of such perfect and York can be proteC'ted under the State system as fully as under a national uniform system of quarantine regulations of commerce as will effectually system. if other points are left weak and defenseless. The question con­ prevent the importation of contagious or infectious diseases into this coun­ cerns the country as a whole and every part thereof. try from foreign countries or into one State from another. In the public discussion of quarantine the subject of immigration has been The entry of one case of yellow fever or one case of cholera into this coun­ somewhat involved with it, to the confusion of both questions. The very. try, neither of which ever originate here, may result, and in times past has consideration of quarantine implies the continuance, within safe regula resulted, in widespread epidemics, costing the country hundreds of millions tions, of international commerce and the migration of the world's popula­ of dollars in money, to say nothing of the thousands of lives and the other tion. The more p erfect we make the system of quarantine under scientific thousands of citiZ:ens whose health have been impaired by imported diseases, regulations, with ample facilities to enforce them, the less will be the re­ that should have never been allowed to enter this country. strictions and the burdens upon commerce. The purpose of quarantine is The national conference of State boards of health, an organization of the to eliminate the elements of danger, and to confine the restrictions within sanitarians of the United States, Mexico, and Canada, and the committee those limits. In corroboration or this position we quote from the report of may safely say, all other organizations of sanitarians and physicians in this the international quarantine inspection commission, after a thorough ex­ country recommend, some of them a board, some a bureau, and some a de· amination of tl::e quarantine establishments of the St. Lawrence and At­ partment of health composed of sanitary scientists, but they all concur in lantic coast, in September last: recommending a sanitary organization located at the capital, which shall or­ "A quarantine of exclusion should not be necessary at a port properly ganize a perfect quarantine system and shall have control or all quarantine equipped, and it is not to the credit of a country like ours that we are forced' ref!;ulations and other quesrions affecting the public health so far as the to resort to it. With preparat.ion safety can be had with little interference Fed~ral Government has constitutional power to deal with such questions. with commerce and travel." The committee is in full sympathy with these recommendations, and is of The general question of immigration, and whether it has the same value opinion that a national board or health (in the Treasury Department), com­ for om· country as in past decades, is foreign to the subject, and care should posed of sanitary scientists, should be established and maintained. be taken that under the pretense and cover of quarantine laws the oppo­ But in the light of the legislation or the last thirteen years it is compelled nents to immigration, as such, be not permitted to etrect their purpose con­ to adopt, not what it regards as the best policy, but the only policy which trary to the will of the majority of the people of the several States. it thinks can be made successful What classes of immigrants shall be admitted to this country is one ques­ Additional powers should be lodged in some Federal authority with re­ tion; what system of quarantine and sanitary inspection of vessels, cargoes, gard to the treatment of vessels, their crews, passengers, and cargoes at and passengers shall be adopted is another question, and it is the opinion of foreign ports before sailing to any American port, and a method of pro­ this committee that the best results will be attained by separating the two mulgation abroad which will stand the test of judicial investigation in this subjects in legislation. country. The first step taken by the committee was the preparation of a circular, These powers are, in the opinion of the committee, not only important, which is submitted as Appendix A to this report. but absolutely necessary to the security of this country from the importa­ This circular, with a personal letter, the committee sent to the governors tion of contagious and infectious diseases, and fearing that Congress could of all the States; to the mayors of the principal cities on the Atlantic and not be induced to support and maintain a national board of health, much Pacific seaboards and on the Great Lakes, and those of the larger interior less a bureau or department of health, the committee recommends that the cities, seventy in all; to the principal officers of the United States Marine powers c0nferred and the duties imposed by this bill be conferred and im­ Hospital Se1 vice, and surgeons 'Of the Army; to the boards of health of all posed up0n the Marine Hospital Service. the States and the officers thereof individually; to the boards of health of There exists now upon the statute a National Board of Health, created by the principal cities, and to a selected number of other persons who were the act of 1879, which Board, while in operation, performed its duties effi­ supposed to have had practical experience with sanitary affairs in the United ciently and well; but for many years Congress has failed to make the appro­ States and Canada or who by reason of special knowledge upon the subject priations necessary to enable it to perform its duties, and for that period the were able to give valuable opinions. Treasury Department has subjected the contingent fund annually appro­ To this circular the committee has received 64 replies. Of these 41 recom­ priated to prevent the introduction and spread of epidemics to the control mend the adoption of a national quarantine system, 5 are opposed to a of the Marme Hospital Service. · national system, 5 are doubtful, and 13 express no opinion. As these letters While the committee believes that it is not the safest and best policy to were received, the committee, learning that the newspapers were willing to lodge these powers and duties with the Marine Hospital Service, it thinks it publish them, furnished duplicate copies which were reproduced from day is better to place them there than not to enact them at all; and as it believes to day in the columns of both the morning and afternoon p::~.pers, in many that this is the only policy at all likely to succeed in Congress, it adopts it. cases in full. By this liberal and public-spirited policy the papers have laid So far !rom proposing to interfere in any way or to any extent with State before the country many valuable contributions to the literature and infor­ or municipal boards of health or their quarantine regulations, it proposes mation of the subJect. to aid them so far as it constitutionally can in the execution of their· own To make an analysis of these commtmications or to print extracts from rules and regulations; but it asserts the right and imposes the duty upon them would so largely detract from their value and importance, the com­ the national authority to make rules and regulations where they are deemed mittee deem it essential, if the greatest good is to be derived from the in­ by the Federal authority necessary and where none exist, and to make ad­ quiry, that they be put in permanent form. Thosefavoringanationalquar­ ditional ruJes and regulations where they do exist but are thought by the antine are therefore submitted as Appendix B to thiS report. national authority to be insufficient to prevent the introduction of these dis­ The communications which oppose a national quarantine are few, and al­ eases. though contrary to the conclusions the committee has reached, are submit­ But when these rules and regulations shall have been made, the bill pro­ ted in Appendix C as probably embracing the strongest arguments which vides that the State authorities may execute them if they will; but in cases can be urged in support of that side. . where the State authorities fail or refuse to execute their own rules and the Several letters received which expressed no decided preference are never­ ruJes made under this act, it. is made the duty of the President to detail or theless interesting and instructive, and are submitted in Appendix D. appotnt an officer to execute them. The reason why any State board of Enabled as we are to place before you these intelligent opinions, with the health should oppose this bill the committee is at a loss to see. data they contain, o! sCientists, physicians. and experts in sanitary affairs, The committee r~commends the adoption of the amendments and the it is not necessary for this committee to discuss the question in detail. passage of the bill. The findings of the committee are: The PRESIDING OFFICER. 'l;'he other paper will, at there­ First. That quarantine in times of danger is of equal concern to the entire country-to the people of the interior States as well as those on the sea­ quest of the Senator from Tennessee, be inserted in the RECORD boards-and it is not just to the latter to throw the whole expense and re­ in the absence of objection. The Chair hears no objection. sponsibility of the defenses upon them; norisitjust to the former to deprive is them or a voice as to the method and degree of protection along the seaboards. The paper as follows: Second. That the line of defense to be effective must be fortified at all NEW YORK BOARD OF TRADE AND TRANSPORTATION, points where the invasion of disease is threatened or possible, and it is not . BRYANT BUILDING, 55 LIBERTY STREET, wise or safe to trust the defenses to chance or to a quarantine system ex­ New York, January 7, 1893. hibiting varying degrees of efficiency or deficiency as now existing under DEAR Sm: I have the honor to transmit herewith for your information, the separate regulations of the several States and of local authorities. in advance of printing, a proof copy of the report o! the special committee Third. 'l'hat the testimony presented shows quara1• tines maintained by of this board on quarantine, which was adopted at the special meeting held tbe National Government to be more uniformly efficient than those main­ yesterday. tained by the State and local authorities, and that the means employed and Very respectfully, apparatus necessary and available are superior, and usually such as are ap­ FRANK S. GARDNER, proved and meet the requirements of sanitary science. .Assistant Secretary. Fourth. That State and local quarantines are largely, if not wholly, sup­ Hon. ISHAM G. HARRIS, ported by fees and taxes levied upon shipf?, immigrants, or commerce; that United States Senate, Washington, IJ. C. State and local authorities arereluctant,except in the presence of imminent danger and then often unable, to provide, in addition to these imposts, the A NATIONAL QUARANTINE ESSENTIAL TO THE SAFETY OF OUR PEOPLE. means necessary to render quarantine efficient; that many points are wholly uncovered and open to invasion. NEW YORK, January 6, 1893. Fifth. That State and local quarantines, as at pres~nt maintained, are To the New York Board of Trade and Transportation: unequal and often unjust burdens upon commer ce, and their regulations, At the October meeting or this board t.he undersigned special committee imposts and fees lacking uniformity are disadvant ageous. That no power was appointed pursuant to the following resolution, viz: exists short of Congress to maintain and perfect uniformly safe defenses "Resolved, That the question ot the establishment of a. national quaran­ against the invasion of disease and thereby adequa tely protect all the States tine be referred to a special committee of five members to report at the next and the people of the entire country. :meetlp.g by resolution, bill, or otherwise, their conclusions in the matter." The conclusion of your committee, therefore, is that it is essential to the

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438 CONGRESSIONAL RECORD-SENATE. JANUARY 9,

safety of our people and the protection of t.heix lives that a national quaran­ tine establishments; and therefore it was thought best by the tine system be established in the United States at the earliest possible day. We believe that to be etrective the system adopted must be national, and Committee on Epidemic Diseases, represented by the Senator that any systems maintained at ports of entry under State or local control from Tennessee, not to under~e to do that. From the inves­ should not be allowed to conflict with or hinder the national system. tigations which I had the honor to make into the subject in con­ Respectfully submitted. OSCAR S. STRAUS, nection with that-Senator and from my reflections upon the sub­ AMBROSE SNOW, - jectJ I was convinced that that conclusion was right. The bill E. H. COLE, has been carefully framed. It will not destroy the Louisiana E. S. A. DE LIMA, JEREMIAH FITZPATRICK, State quarantine; it will not destroy the Massachusetts State. Special Committee. quarantine, and above all it will not at this time destroy the New York State quarantine. APPENDIX A. The distinction which the Senator from Tennessee has drawn ROOMB OF THE NEW YORK BOARD OF TRADE AND may be somewhat fanciful as between the powers of the State TRANSPORTATION, 55 LIBERTY STREET, and the national governments. The scheme which he has in­ New York, necember 5, 1892. vented here, by which the State authorities are, if they choose A special committee of the New York Board of Trade and Transportation to do so, perform the duties which may be imposed upon them has been appointed, pursuant to resolution, and is seeking information, data, to and opinions touching quarantine, and the advantages, if any, o! establish­ by national law, and the Fed.eral Government shall not interfere ing a uniform system in the United States, under the management of the Gen­ with their performances of those duties so long as they perform eral Government; the intention being. if the weight of opinion and evidence them satisfactorily and well, may not be in all respects what we favor the ~roposition, to prepare suggestions :for Congressional legislation on the subJect. shall wish for a permanent system. The members of the committee are: Chairman, Hon. Oscar S. Straus (ex­ I am free to concede it. I am free to agree to many of the United States minister to Turkey), of L. Straus & Sons, importers of china, criticisms which the Senator from Louisiana has made upon this glass, etc.; Mr. .Jeremiah Fitzpatrick, of .r. Fitzpatrick & Co., importers and manufacturers o:f plate glass. looking glass, etc.; Mr. Edward H. Cole, of method of adapting the legislation of Congress to the present the Eaton. Cole & Burnham Company, well machinery and brass goods; Mr. situation and giving us for the coming exigency (and there is an Elias S. A. De Lima, of D. A. De Lima&Co.,foreign commission merchants; exigency) that national power, that national regulation, and Mr. Ambrose Snow, of Snow & Burgess, shipping and commission mer­ chants. that national supremacy on this subject whichare indispensable The committee have adopted the following line of inquiry, and invite such to the people of Mississippi, which are indispensable to thepoo- suggestions and opinions thereon as they may be willing to make public, ple of all the States of this Union. · from experts and professional men having practical experience o! sanita.ry affairs and from others having opinions on the subject: Mr. President, this being, it is true, compromise legislation; First. Quarantme administration in foreign countries as furnishing pre­ this bill baing, it is true, not a billlagically constructed either cedents :for the United States. upon the theory that there shall be an exclusively national quar­ Second. The present status of quarantine in the United States: A. Na­ tionaL B. State. antine or that there shall be an exclusively State quarantine, but Third. The existing system o! quarantine administration in the United an endeavor to meet the constitutional .difficulties, and the prac­ States: A. Cost. B. Restrictions imposed on commerce and travel. C. Se­ tical difficulties in a sensib-le and in a practical way, why should curity atrorded. we not allow the bill to remain upon the statute book until it is Fourth. A national quarantine: A. Would it lessen the existing imposts upon commerce? B. Would restrictions on commerce and travel be less in­ superceded by something better? Why can not the Senator from jurious? C. Would it atrord increased security to the country? Louisiana concede that if within the next two years we do not Persons writing the committee are requested to affix to theix names their adopt a better bill, then this bill shall remain upon the statute professional or special titles, if any, and to addre:.zs their communica.tions to Hon. Oscar S. Straus, chairman, 55 Liberty street, New York, N. Y. book until a better bill can be devised? Respectfully, etc., It seems to me that there is no sensible, no wise argument in DARWIN R. .TAMES, Secretary. favor of making this proposed law temporary in its character, Mr. CALL. I should like to have the pending amendment even if every Senator here believes it is to be temporary, because read. It is the amendment of the Senator from Louisiana [Mr. we ought all w concede that, if during the next two years we WHITE], I understand. . are unable to frame a bs tter law than this, this ought to stand The PRESIDING OFFICER. The pending question is on the as the national law until a better law can be framed. amendment proposed by the Senator from Louisiana. !twill be ·Mr. WHITE. Will it interrupt the Senator if I ask him a read. question? The CHIEF CLERK. It is proposed to add to the last section Mr. CHANDLER. Not at all. of the bill: Mr. WHITE. I had it in my mind when I made some re­ All the provisions o:r this act shall expire on the 1st day o:r .January, 1895. marks a few minutes ago, to make some reference to the Sena­ Mr. CHANDLER. Mr. President, it is not my intention to tor's Gridiron Club speech, and the influences which he thought enter into a discussion of the constitutional questions which have resulted from interest. Does not the Senawr think it will be a been brought in view in connection with the bill. It is admitted great deal more difficult, if his ideas about the Gridiron Club by the Senawr from Louisiana that unoer the law as now ex­ the other day were at all accurate to work out the perfection of pounded by the Supreme Court in the case of the Morgan Louis­ a proper bill with the great influence of the Marine Hospital iana Steamship_Company the Federal Government may enact a Service, interested in maintaining this bill as it stands, installed quarantine law which shall wholly supersede State regulations in power than it would be without it? on the subject, and therefore the Senawr confines himself at this Mr. CHANDLER. I do not see much force in the Senator's time to arguing from the standpoint of those who desire ana­ sug-gestion. If we have all these influences against the present tional quarantine law that the bill·is incomplete and unsatisfac­ bill, shall we not have them against another bill? It seems to tory; that if anational quarantine law is to be enacted it ought me so. If it has taken all this trouble and has taken the labors to be one specific in its terms, carefully and prudently and wisely of the Senator from Tennessee [Mr. HARRIS] for the last ten going over the whole subject of quarantine. years to construct a bill, which, even if it is only temporary in In effect he says it ought not to be a measure so general in its its character, does organize a quarantine system, which consist­ terms as this; that the powers conferred by this proposed law ently with the State system gives us national supervision and ought not to be conierred in such general terms upon the Execu­ national control, how can we expect that within the next two tive, but that a law might be drawn more satisfactory in its de­ years we can construct even a better bil~? tails, and indeed in its general outline, than the present bill. Mr. Prc.sident, the Senator from Louisiana has shown a most Therefore the Senator proposes that we shall insert a provision excellent disposition in reference to this legislation. He has of law which sball make it temporary in its character, so that it shown a disposition not to embarrass the passage of this bill, shall expire by its own operation on the 1st day of January, 1895. whether it is to be a temporary measure or a permanent meas­ I hupe that the amendment will not be adopted. I do not ar­ ure. Now, ,having reduced his formal objections to a motion gue that it ought not to be adopted, because I do not expect a that the bill shall terminate by its own force on the 4th of March, more satisfactory law will be placed upon the statute book within 1895, I ask him to go a little farther, and to persuade his Louisi­ the next two or four years. I do expec't further legislation upon ana friends to go a little further, by conceding that although we this subject; but I submit that if it is wise to enact this pro­ may need additional legislation, although we may need other posed law at this time it is better that it should remain upon the legislation, yet if we shall not happen to succeed in framing a statute book until some other law supersedes it than that it better bill in the next two years, then this bill, which is the should expire by its own terms two years from this time, leaving matured judgment of the Senator from Tennessee, shall remain us then perhaps on the verge of an incursion of cholera in pre­ upon the statute book until we shall have brought to the task of cisely the condition in which we now find ourselves. framing a new bill such wisdom that we may be able to enact a Mr. President, this proposed law is a compromise measure, as law which will, in !act, be better than the present one. has clearly appeared hitherto in the course of the debate. It Mr. PALMER. Mr. President, whatever this bill may be, it was perfectly evident, as I stated on Friday last, that it would can not justly be characterized as a compromise bill, that is, if be impossible to carry through the Congress of the United it is intended to assert that the bill is a compromise between States at the present session, and between now and the 4th of thos-e who believe that Congress possesses the power to adopt a March a national law which should supersede the State quaran- general quarantine law, and those who believe that Congress

.. ~ I - 1893. CONGRESSIONAL RECORD-SENATE. 439

~~as no right to interfere as between the States., for the bill ~is­ were taken with their rights when popular rights were more 'tmctly asserts the power of Congress to establiSh a quarantme, clearly appreciated than now, but we are sometimes called upon not only externally, but as between the States. The bill, out of by new conditions to throw new protections around popula.I'­ ~urtesy to the States, does authorize the acceptance or adop­ rights, and refuse to take an additional step, being convinced tlon of the quarantine regulations of the States, but that is left of the fallacy, the error of the step which has been pointed out entirely to the discretion of the Secretary of the Treasury. · as a precedent. I have no doubt in the world about the right, nor, under the I most distinctly declare that, in my judgment, the United present circumstances, do I doubt the duty of Congress to pass a States -Government as a sovereign may protect its coasts, its quarantine bill. I should maintain that if there was nothing on towns, from disease by a.ll appropriate means. The Senator from the subject in the Constitution the National Government inher­ Tennessee mentioned the fact that by the presumed carelessness ~ntly possesses the powe1" to protect our people from contagion of the quarantine officers at New Orleans yellow fever reached from abroad, and so far as this bill proposes to establish a q uar­ and devastated Memphis. Mr. President, that may be true; antine system to protect the people from disease from abroad I but it may be that no human vigilance could have protected a_dmit that, whatever I may think of some of its provisions, it is Memphis. I am not prepared, because that incident happened within the constitutional power of Congress. or exists, to assume that new precautions are required; and I A second and more important question is, has Congress the shall be happy if some Senator will assure me that all the pre­ power to e~tablish a quarantine as between the States? Is not cautions which may be adopted by the Federal or State govern­ that proposition just as distinctly asserted in the bill as the ments will protect us from contagious diseases. other? t do not take the trouble to discuss the claim made by I have no well-founded expectation that they will, because the Senator from Louisiana [Mr. WmTE] that under this bill the pestil.ence walketh in darkness. Pestilences come and human Federal authorities may supersede, abrogate if you will, all the skill and human care do not always protect. I am not willing, quarantine regulations adopted by our cities, our counties, or our therefore, that any officer of the Federal Government, nor any States. The power to do so is distinctly asserted, and the power officer not appointed by myself or by those whose interests are to supplement or substitute the rules adopted by the States, or like mine, shall be permitted to make domiciliary visit3 to ascer­ to adopt rules where none exist, is as clear and distinct an asser­ tain the conditions which exist in the community where I live. tion by Congress of the power in question as if the State law or If this bill, therefore, were strictly a national quarantine the State regulations were declared by the bill to be null and measure, intended to protect our coasts against disease, it would void. meet my cordial and earnest support; but inasmuch as it pro­ The bill asserts the power of the Federal Government t-o es­ poses to go beyond that, I can not be brought to support it unless tablish or modify or change, with permission to adopt, if the offi­ the propositions of the Senator from Louisiana shall be adopted. cers may think proper, such provisions of such quarantine regu­ I believe it was said, to the reproach of one of the great lovers lations as may be in the judgment of the authorities satisfactory of English liberty, Lord Erskine, that he said on some occasion or sufficient, but the power is distinctly asserted. It is a mere that a particular act or order was only a forty days' despotism. matter of grace, and I think idle grace. I think the mere di­ It may be that we ought to submit, in the perilous condition in rection to adopt local regulations is idle, because if they are wise, which we are placed, to this despotism, to this subversion of the Federal authorities would adopt them, and if they are un­ sound principles. If the sacrifice must be made, let us limit the wise or insufficient, the Federal authorities may reject them. sacrifice to the necessity. If we act from the influence of fear, The bill then does contain, though not in the frank, plain, clear, let us, by limiting the operation of the statute, find time at least and precise language which ought to be employed if the power to discover whether our fears were real or unreal, and in the is to be asserted, an assertion of this power. Is that the inten­ mean time let the operations of this bill of doubtful policy, this tion of this body in the passage of the bill? If so, then we have bill of doubtful construction, be so limited that we can see what the inconveniences pointed out by the Senator from Louisiana, the result will be. because the determinati-on of the necessity for such regulations Mr. CALL. Mr. President, it is my purpose to submit some is devolved entirely upon the officers of the Treasury Depart­ observations upon the pending bill. Before doing so, however, ment or the Marine Hospital Service. It will present the case I shall ask to have printed in the RECORD, if there be no objec­ of which the Senator gave an illustration. tion to it, a letter from a very distinguished physician in the If a disease should exist in any town, in any State, or in any State of Florida, who is thoroughly familiar with the operation locality, it would ce within the power of the health officers of the oi quarantine, and is a man of high promise and of scientific at­ -, United States to establish a quarantine line between any two tainments. He has sent me a copy oi a letter addressed to a Mr. States. The neceEsity for that action is to be determined by the Strauss, the chairman of a committee in New York, and I will health officers of the United States. Indeed, the bill proposes to ask that it be insert-ed in the RECORD. give to the authorities of the United States complete control The PRESIDING OFFICER. Is there objection? The Chair over the whole subject of the public health; and if Senators will hears none, and the request of the Senator from Florida will be look at the bill, they will see that it is a pervading influence; gz:anted. that it extends everywhere, and if the Federal authorities do The paper referred to is as follows: not investigate epidemics which may prevail in single localities, it will be because they do not choose to do so. The power is PENSACOLA, FLA., January 2, 1893. MY DEAR SENATOR: I inclose a copy of an article written by me at there­ given. quest of the New York Board of Trade, and would like for you to ~ive it a It is the subversion oi all the health regulations in the United few moments of your attention. It seems to my mind that there 1s an un­ States to the authority of the health department of the Federal warranted attempt on the part of the advocates of a centralized government to interfere in matters of public health which now more closely affect the Government, because the power to determine whether quaran­ interests of our people than any other subject. If snch interference was tine regulations shall be established as between the States im­ justified by impending danger or if there was a guarantee that the National plies a power to make inquiries as to the condition of the public Government could operate our quarantine system more effi.ciently than the State, then I would be in favor of yielding a point, but as the matter stands health in the States. Those inquiries may be prosecuted to any I must deny the correctness of both propositions. extent aod by any means, be it ever so close, and the extent to These well-meaning people fail, in their impetuous zeal, to recognize two which the powers may be carried no mortal man can at present facts that can not be disputed. The first is, that under any management of quarantine which attempts to keep out disease and at the same time to con­ anticipate. " serve our commercial interests, epidemics will be an occasonal probability, Mr. HARRIS. Will the Senator from Illinois allow me to until our sanitary conditions are brought to the highest state of perfection; suggest to him that the act of 1890, to which his attention has then only can they be defied. The other fact to which I would direct your attention is, that it is only within the past decade that our people have not been called, gives to the General Government complete au­ studied the subject of maritime sanit1l.tion at all, and in that time we have thority for the establishment of quarantine between the States. not had an epidemic of any disease, save the one in this State, and that oc­ Mr. PALMER. It may be; and if I felt bound to acquiesce curred before the creation of our State board of health. The Marine Hospital Service, acting as an advance guard to the coast de­ in everything which has been done in the past, that would baa fense, is a most valuable auxiliary to local quarantine measures, but I can sufficient answer to me; but we are called upon to take this par­ see no good reason why it should be vested with powers higher than those it ticular step, and there may be a precedent for it. Bad prece­ already possesses, and I believe it would be unwise to enlarge its authority save in foreign countries (at the largest seaports), where, in connection with dents are found everywhere. Let me remark that hard cases our consular agents, its offi.cerscouldpersonally superintend the immigrant make shipwreck of the law~ as has been declared by one of the or passenger and his effects, that they may not act as carriers of infective fathers of the profession, and fear is a bad counselman. material. It occurs to me also that the usefulness of this branch of the Government We are legislating here under the influence of apprehension, might be increased by placing under its control the Revenue Marine Service, which prevails everywhere; we are not consulting so much our which could then, in cG!ljunction with its present duties, act as a coast sani· reason as our fears. I therefore repudiate the authority of any tary patrol. But I believe that our safety is best secured by a concert or ac­ tion between the State and General Government-in other words, just as the past precedent as governing me, because, whatever others may system works to-day-so far as the right or authority is concerned; but let have done, it cannot be said that I did it, and it shall not be said us go on and perfect both without destroying either orin any way impairing thatididit. I will not be controlled by the acts of others. Legis­ the usefulness of the one without the positive knowledge that the fullest measure of safety lies aJ.one in the success of the other. · lation is a progressive science, and we are learning that the rights I remain, very sincerely yours, of the people require not the surrender of all the liberties which WARREN E. ANDERSON. 440 CONGRESSIONAL RECORD- SENATE. J ANU.A.RY 9,

PENSACOLA, FLA., lJecellwer 12, 1892. a State board of health for the·entrance of a vessel into a port of Sm: Your communication or the 5th instant to hand. a State or for the disinfection of its passengers or its freight, In answer to inquiry 1, "Quarantine administrations in foreign countries a.s furnishing precedents for the United States," I would say that I do not can not in anywise affect Ol' destroy the obligatory force of other know of any foreign country the size of ours, furnishing such varieties of conditions. In that respect, the distinction taken by the Senator climate and diversities of business interests likely to be affected by quaran­ from Tennessee [Mr. HARRIS] is certainly well founded, and the tine, where a uniform system is in practical operation, and, of course, no comparison can be made unless similar conditions existed in both cases. distinguished Senator from Louisiana [Mr. WHITE] is, I think, We are probably too close to tropical neighbors who do not thoroughly ap­ in error upon that point. preciate the benefits of ~:oanitation to secure us in adopting the enlightened To say that the United States through any of its officers may quarantine system of Great Britain, and we are, on the other hand, too jealous of our business interests to permit of our accepting the exclusive prescribe an additional condition, obligatory and paramount, for nonintercourse syst~m of Spain. The liberal quarantine policy of England the entrv of a vessel or for the examination and disinfection of its might be adapted to the needs of _ ew York or Massachusetts, but put in passengers and its freight, can not in any wise abrogate the force operation in Florida and Louisiana. it might be as disastrous to the public health of these States as would the rigorous policy of Spain be to the com­ of other conditions, is, I think, clearly incorrect. It may be in me't'ce of our Northern States. This proposition will remain true not only that respect that this bill may fail to accomplish the beneficial until we have ourselves arrived at a higher state of sanitary perfection, but r~sults it might otherwise do by imposing an additional restric­ until s>::ience removes the dangerous sources of infection to the south of us. No one foreign country could furnish us with a safe precedence for our tiOn upon commerce to those created by State authority. guidance in matters of public health. Mr. President, the course of modern scientific inquiry and Second. "The present status of quarantine in the United States: A. Na­ conclusion has been to do away with an extended quarantine tional; B. State." In my opinion the rivalry existing between these constituted authorities and to exhibit the inefficiency and the absence of any beneficial has been productive of great good to the country. and bas succeeded in in­ effect from a long detention of either vessel or passengers. creasing the security on the one band by the application of scientific meth­ Maritime sanitation has taken the place of the old barbarous sys­ ods, and on the other materially lightening the burden on commerce by short­ ening the days of detention to a few hours of inspection and cleansing. I tem of a quarantine and detention of either vessel, passengers, am sure that the condition of both our national and State quarantine sys­ or freight. I have here a pamphlet from a very distinguished tems is improving each year, and I believe it to be a matter of only a short physician and scientist of the State of Louisiana, Dr. Joseph time when it will be little less than perfect. Third. "The existing system of quarantine administration in the United Holt, investigating that subject, and he makes some remarkable States: A. Cost; B. Restrictions imposed on commerce ·and travel; C. Se­ and forcible statements. He says: curity afforded." No casual observer can realize the amount of inconvenience, anxiety, de-. A. Gnder the national systom of quarantine, as it now exists, t.be entire privation, and actual suffering occasioned by the futile but oppress! ve cost of maintaining the different stations is borne by the General Govern­ measures of the "old system." The history o! quarantine in Louisiana, ment, or, in other words, by taxation levied upon our people. In this con­ extendV!g through a period of sixty-four years, 1821-1884, furnishes a singu­ nection it might be interesting to know that in his recent report the Secre­ larly clear demonstration or this entire question. It is a chronological rec­ tary of the Treasury says: ord of pestilential appearances and epidemics, along with infiictions upon ·'At smaller seaports, where local quarantine provision is sufficient, and commerce, destructive of extensive branches of trade and associated indus­ where cholera-infected vessels might seek entrance to avoid the greater tries; it is a long ch:;~.pter in the history of yellow fever and cholera, furnish­ restrictions at larger ports, the authorities have been invited by circular to ing the only explaml.tion why New Orleans, strategically located, \vith its apply for such aid from the Marine Hospital Bureau as may be required for soft and delightful climate, varied and abundant food supply, so exception­ their defense." ally desirable as a home, is not to-day second only toNew York in population I should like to ask if this does not appear as a general invitation to all and as a commercial and manufacturing center. It is an epitome of quar­ foreign commercial powers to send their vessels to our shores, preferably antine operations, from its inception, H84, to the beginning of its end, 1884, to the smaller ports, when they are in need of sanitary repairs, as such work the date of the inception of the "new system." will be done gratis? What magnificent generosity, but how appalling to the mind of the already overburdened American taxpayer. On the other In the reports of the Marine Hospital Service, which I ven­ hand, the different States of the seaboard collect the revenues for the sup­ ture to say are full of valuable instruction, if the members of uort of their quarantine stations by char.~res upon commerce (generally for­ Congress would study them, and which give a clear guide as ei~n), thus relieving us of all expense in the matter. 'l'be justification for this plan, if it needs one, seems to my mind to lie in the fact that those who to the measures which should b3 adopted by the National Leg­ a1·e instrumental in the importation of epidemic diseases should bear the islature, will be found a complete investigation of the effect of burden of the cost of their ignorance or carelessness, as the case may .be, quarantine and the improved methods of maritime sanitation. and no tax ~hould be collected from those who are merely the victims of the criminal stupidity or negligence of others. That this expense upon the Their efficacy in preventing the spread of disease is a demon­ shipping interests is not unjust I believe to be true; nor do I think that in strated fact, and the necessity that they should be under some many instances it is in excess of the benefits derived by the owners of ves­ central authority is, in like manner, clearly exhibited in there­ sels which are in need of being placed in a sanitary condition. B. The restriction'3uponcommerce and travel are being reduced to a mini­ ports, and I say the admirable reports, of the Marine Hospital mum, and under improved methods of rapid disinfection and cleansing they Service under its former and its present distinguished head. will shortly be removed altogether. In support of the truth of this state­ The abstracts which are published by that Bureau and dis­ ment I will cite you the fact that under an enlightened system or quarantine this State has carried on safely and uninterruptedly for the past three years tributed throughout the whole country have given as much in­ its commercial relations with the neighboring island of Cuba, whereas be­ formation and practical knowledge to the profession and the for9 that time, our quarantine laws while interdicting commerce, were yet health authorities throughout the United States as to the best unable to prevent. the introduction of yellow fever. If so much has been ac­ complished in such a short space of time, what may we not hope for in the and proper methods of preventing the recurrence of these great very near future? scourges of cholera and yellow fever as any and all other means. C. The security afforded has been grea.tely increased of late years, and is, Mr. President, the State which I representinconnection with no doubt, due to the same causes which have operated to remove the restric­ tions on commerce and travel; that is, instead of detention, scientific sani­ yourself [Mr. PASCO in the chair] has a seaboard of about1,400 tary measures have been substituted. miles in proximity with the West India Islands. At some of our Fourth. "A national quarantine: A. Would it lessen the existing imposts ports the commerce of the Gulf of Mexico touches or passes upon commerce? B. Would restrictions on commerce and travel be less in­ jurious? 0. Would it afford increased security to the country?" almost daily in sight of them. That State, with her compara­ A. Possibly it would, but by placing a tax upon those who are in nowise tively small population, is required to maintainamostextensive responsible for the conditions necessitating the resort to quarantine meas­ and expensive system of inspection, sanitation, and disinfection. ures, and this I would consider unjust. B. No. I can see no reason why the principles of quarantine executed by It is done not in the interest of the people of Florida alone so the intelligent hands, of the Stat.e or community whose health and prosperity much as in the interest of the people of the United States. are both at stake, should not be more successful than when operated by an Shall we not be allowed the assistance of the Federal Govern­ official at a distance who may be totally ignorant of the conditions and re­ quirements of such St~te or community. ment, of the whole foreign and interstate commerCe, to aid us in C. No. 'l'bere is nothing in all the history of quarantine... to justify the protecting that commerce against infectious and contagious dis­ opinion that health matters are safer in the bands of the General Govern­ eases? More than once, several times, contagion has made its ment than in those of communities directly or likely to be affected. In sub­ stantiation of this statement it is only necessary to recall the fact that very apJ:e3.rance in some of the principal cities of the State, and has recently the health authorities of a commonwealth of this Union succeeded kmforarily destroyed their business and their population. They in averting an epidemic of the terrible disease which had batHed the best have adopted a system of maritime sanitation which has been efforts or the compact and centralized powers of Russia and Germany. When the citizen knows that much depends upon his individual efforts to­ efficient, but it needs the aid of a larger expenditure. In this wards sanitation, and that be has a voice in the practical operation of all connection it is proper that I should mention the name of Dr. I. systems devised to prevent diseases, he becomes a most zealous and intelli­ Y. Porter, of Key West, Fla., formerly a surgeon in the United gent factor; but let him understand that the General Government bas charge of all matters or public health and he at once loses his interest and States Army, to whom the people of the United States are largely looks only to that Government for protection and safety. indebted for their security during the last few years from the Sanitation and not quarantine should be the aim of the modern scientist, spread of contagious and infectious disease from Cuba and the and in order to attain this end, it is absolutely necessary to have the hearty cooperation of every individual in every community in the country. This West Indies. can not be done by the supervention of the General Government, and I be­ So I am in favor not only for the State of Florida, but else­ lieve the attempt at such interference would result only in a disastrous whera, of legislation which will enable and require the National failure. Very truly, yours, Government to extend its assistance to all the States in main­ WARREN E. lL'lDERSON. taining a proper system of quarantine andmaintainsanitation. Hon. OscAR S. STRAuss, 07uJirman, What as to the authorityr The same authority exists to reg­ No. 55 Liberty Street, New York Oity. ulate foreign commerce as to regulate interstate commerce. Mr. CALL. Mr. President, I am in favor of the provisions Mr. TELLER. If the Senator from Florida does not care to of this bill in the main, although I should have preferred a dif­ conclude his remarks this evening, I think we may as well ad­ .ferent bill. The fact of an addition to a condition prescribed by journ. ,•

1893. . CONGRESSION:AL RECORD-HOUSE. 441 -

Mr. CALL. I have no objection to an adjournment at this HOUSE OF REPRESENTATIVES~ time. Mr. SAWYER. I wili ask the Senator to change that to a MONDAY, January 9, 1893. motion for an executive session. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Mr. TELLER. I have no objection to an executive session. W. H. MILBURN, D. D. Mr. HARRIS. Allow me, before either motion is put, to say The Journal of the proceedings of Saturday last was read and that I do not think it probable that we have a quorum here at approved. this time, so that we shall probably not be able to dispose of the amendment of the Senator from Louisiana [Mr. WHITE] this EXPENSES OF COMMITTEE ON A WARDS, WORLD'S COLUMBIAN evening. Feeling that it is very important that Congress shall COMMISSION. dispose of this matter in whatever way it proposes to dispose of The SPEAKER laid before the House a letter from tho Sec­ it, I think it very important that this bill, or something con­ retary of the Treasury, transmitting, with a favorable recom­ taining powers such as this bill confer s, should be passed very mendation, an estimate of appropriation submitted by the presi­ promptly. dent of the World's Columbian E xposition to defray the expenses I shall ask the Senate to-morrow morning immediately after of the committee on awards of the World's Columbian Commis­ the routine morning business to continue the consideration of sion; which was referred to the Committee on Appropr iations, the bill at least up to 2 o'clock. I shall go no further than 2 and ordered to be printed. o'clock at this time. If the Senator from Minnesota [Mr. WASH­ BURN] objects, then I shall n ot interfere with him; but I am very MILITARY ENCAMPMENT AT CHICAGO. anxious to come to a final vote upon the pending measure at the The SPEAKER also laid befo re the House a letter from the earliest possible moment. Secretary of War, with inclosures, relating to the passage of an Mr. TELLER. The McGarrahan case was made the special act by Congress to provide for an encampment of 100,000 United order for to-morrow after the routine morning business, but to ac­ States and State troops to be held at Chicago on the occasion of commodate the pending bill. if I can have an order for the con­ the World's Columbian Exposition; which was referred to the sideration of the McGarrahan case for Wednesday morning, in­ Committee on Military Affairs, and ordered to be printed. stead of to-morrow morning, after the routine morning business, I shall not object. Preparatory to makingthearrangementpro­ FINDINGS OF COURT OF CLAIMS. posed by the Senator from Tennessee, becaus3 this seems to be a The SPEAKER also laid before the House copies of the find­ bill of national importance, I ask that the McGarrahan bill may ings of the Court of Claims in the following-named cas ~ s; which be taken up on Wednesday morning immediately after the con­ were severally referred to the Committee on War Claims, and clusion of the routine morning business .. ordered to be printed: The PRESIDING OFFICER. Is there objection to the request A.M. Cartmell and George Leonhart vs. The Un.ited States; of the Senator from Colorado [Mr. TELLERj? and Mr. HARRIS. I am greatly obliged to the Senator from Colo­ Bett-y A. Aldrich vs. The United States. rado, and hope there will be no objection to his request. RELIEF OF COLUMBIAN UNIVERSITY, DISTRICT OF COLUMBIA. The PRESIDING OFFICER. The Chair hears no objection to the request of the Senator from Colorado, and it is granted. The SPEAKER also laid before the House a bill (S. 3623) to Mr. HARRIS. I now askunanimousconsentthatimmediately amend the act of March 3,1873, "for the relief of the Columbian after the routine business to-morrow morning the Senate proceed University in the District of Columbia.' to the consideration of the pending bill. Mr. HEMPHILL. Mr. Speaker, I ask unanimous consent The PRESIDING OFFICER. Is there objection to the request that that bill be taken up and considered at this time. of the Senator from Tennessee? The Chair hears none, and it is There being no objection, the bill was ordered to a third read­ so ordered. ing; and it was accordingly read the third time, and passed. Mr. WASHBURN. I give notice to Senators that! shall call Mr. HEMPHILL moved to reconsider the vote by which the up the antioption bill at 2 o'clock to-morrow. bill was passed; and also moved that the motion to reconsider bE:\ Mr. HARRIS. My request extends only to the morning hour laid on the table. .- at present. I do not know what I shall ask to-morrow. The latter motion was agreed to. Mr. WASHBURN. I hope the Se:!lator will not ask anything LEAVE OF ABSENCE. fw·ther to-morrow. By unanimous consent, lP-ave of ab3ence wag granted as follows: EXECUTIVE SESSION. To Mr. WHITING, indefinitely, on account of illness. Mr. SAWYER. I move that the Senate proceed to the con­ To Mr. JOHNSON of North Dakota, for two weeks, on account sideration of executive business. of important business. The motion was agr.:ed to; and the Senate proceeded to the ENROLLED BILLS SIGNED. consideration of executive business. After five minutes spent Mr. OHLIGER, from the Committee on Enrolled Bills, re­ in executive session the doors were reopened, and (at 5 o'clock ported that they had examined and found t ruly enrolled bills of and 10 minutes p. m. ) the Senate adjourned until to-morrow, the following titles; when the Speaker signed the same: Tuesday, January 10, 1893, at 12 o'clockm. A bill (S. 317 ) granting an increase of pension to John M.Rob­ erts; A bill (S .. 2592) granting an increase of pension to William C. NOMINATIONS. Tarkington; · . Exerutive nontinations received by the Senate January 9, 1898. A bill (S. 2990) for the relief of George W. McKinney; and A bill (S. 3314) for the relief of E. Darwin Gage, late lieuten­ PROMOTIONS IN THE ARMY. ant-colonel of the One hundred and for ty-eighth New York Pay Department. Infantry. Lieut. Col. Charles M. Terrell, deputy paymaster-general, to BRIDGES ACROSS THE HIAWASSEE, TENNESSEE, AND CLINCH. be be assistant paymaster-general with the rank of colonel, Jan­ Mr. EVERETT. Mr. Speaker, on Saturday last I asked the uary 6, 18 ~ 3, vice Gibson, retired from active service. House to consider the bill (H. R.10015) to authorize the con­ Maj. James P. Canby, ipaymaster, to be deputy paymaster-gen­ struction of bridges across the Hiawassee, Tennessee, and Clinch eral with the rank of lieutenant-colonel, January 6, 1893, vice Rivers. It is drawn up in the usual form oEbridge bills and has Terrell, promoted. the appr oval of the Secretary of War. My friend from Kansas Subsistence Departnwnt. [Mr. Ons], under a misapprehension of one of its provisions, ob- ' , I First. Lieut. Guy Howard, Twelfth Infantry, to be commissary 1 jer: ted.to the consideratio? of the bill. He now 'Yithdraws his of subsistence with the rank of captain, January 7, 1893, vice ) ?bJe CtlOn~ and I ask unammous consent that the bill be put upon Woodruff promoted lts passaoe. ' · The SPEAKER. This bill was read in full on Saturday, but objection was made by the gentleman from Kansas [Mr. OTIS] to CONFIRMATION. its consideration. The Chair is informed that the gentleman withdraws the objection. Is there further objection to the re· Executi·ve nomination confirmed by the Senate January 9, 1898. quest of the gentleman from Georgia? Mr . TAYLOR of Illinois. Has the bill been reported.from a FffiST ASSISTANT POSTMASTER-GENERAL. committee? · Henry Clay Evans, of Tennessee, to be First Assistant Post­ The SPEAKER. It has. master-General. There being no objection, the bill was ordered to be engrossed

I

' 442 CONGRESS! ON AL REOORD-l!OUSE. JANUARY 9,

and read a third time; and being engrossed, it was accordingly The bill was read. read the third time, and passed. Mr. BELTZHOOVER. Is there a report accompanying this On motion of Mr. EVERETT, a motion to reconsider the vote bill? by which the bill was passed was laid on the table. The SPEAKER. Without objection, the report will be read. ESTATE OF ISAAC W. TALKINGTON. The report was read. The SPEAKER. Is there objection to the present considera­ Mr. BRECKINRIDGE of Arkansas. I ask unanimous consent tion of this bill? for the present consideration of the bill (S. 118) Ior the relief of Mr. BELTZHOOVER. Mr. Speaker, as Friday is appropri­ the estate of Isaac W. Talkington, deceased. ated under the rules for the consideration of the Private Calen­ The bill was read, as follows: dar, I shall have to call the regular order against these bills. Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the estate of Isaac W. Talkington, de­ The SPEAKER. The regular order is equivalent to an ob­ ceased, late of Pope County, m the State or Arkansas, $200, erroneously paid jection. to the United States !or the north hal! of southeast quarter of ~ection 21, ORDER OF BUSINESS. townshiJ? 7 north, range 18 west, or the firth principal meridian, out of any moneys m •.rreasury not otherwise appropriated. Mr. DOCKERY. I now desire to call up the District of Co­ Mr. T A. YLOR of illinois. I ask for the reading of the report. lumbia appropriation bill. The Clerk read the r eport of the Senate committee, as follows: The SPEAKER. The regular order is first the call of com­ The Committee on the Public Lands, to whom was referred Senate bill118, mittees for reports. have had the sam e under consideration, and report the same back with the VIOLATION OF COMMERCE LAWS. recommendation that it do pass. For the facts concerning the bill the committee ie!ers the House to House Mr. WISE, from the Committee on Interstate and Foreign • I Report 481 on bill H. R. 801, which is identical with this bill. Commerce, reported back favorably the bill (S.1933) concerning Mr. .BURROWS. The report just read does not disclose the testimony in criminal cases or proceedings based upon or grow­ merits of the bill. I hope the gentleman from Arkansas ...n.n ing out of allegal violations of an act entitled "An act to regu­ make some statement of the matter. late commerce," approved February 4, 1887, as amended March Mr. BRECKINRIDGE of Arkansas. The report just read is 2, 1889, and February 10, 1891; which was referred to the House the report on the Senate bill, and it refers to tl;le Senate report Ca.lendar, and, with the accompanying report, ordered to be previously made on the House bill. I send the latter repor t to prmted. the desk. WAGON BRIDGE ACROSS MISSOURI RIVER. Mr. BURROWS. Let it be read, reserving the right to ob­ Mr. GEARY, from the Committee on Interstate and Foreign ject. Commerce, reported back favorably the bill (H. R. 10063) to The report was read, as follows: amend an act authorizing the construction of a high wa(J'on The Committee on the Public Lands, to whom was referred the bill (H. R. 801) for the relief or the estate of Isaac W. Talkington, deceased, for money bridge across the Missouri River at or near Sioux City, Io~a, erroneously paid to the United States for certain lands, having had the same etc.; which was referred to the House Calendar, and, with the under consideration, report the same b~ek with the recommendation that it accompanying r eport, ordered to be printed. pass. For the !acts reference is made to the report made in the Fifty-first Con­ ESTABLISHMENT OF A NATIONAL QUARANTINE, ETC. gress, as follows: "The facts C\n which this claim is based are found in two decisions by the Mr. RAYNER, from the Committee on Interstate and For­ Secretary of the Interior, involving the land for which it is alleged double ejgn Commerce, reported back with amendments the bill (H. R. payment was made, and out or which the right to repayment grows. 9757) to provide for the better protection of commerce and for "'l.'hese decisions are Talkington's heirs vs. Hemp£.1ng, reported in vol. 2, Land Decisions, p. 46, and the case of the heirs of Isaac W. Talkington, vol. the general welfare by the establishment of a national quaran­ 5, Land Decisions, p. 114. tine, etc.; whi~h was referred to the House Calendar, and: with "It appears that Talkington made homestead entry No. 3886, February 15, 1870, of the north hal! of the southeast quarter or section 21, and that the the accompanymg report, ordered to be printed. entry was canceled December 1, 1876, for alleged relinquishment. It having The call of committees was completed, no further reports be­ been shown subsequently, however, that 'l.'alkington had commuted his ing presented. entry and paid $2.50 cash per acre !or the land, receiving therefor duplicate receipt No. 7419, dated August 20, 1872, and had died April 20, 1874, and that UNITED STATES GOVERNMENT EXHIBIT BOARD. the relinquishment was fraudulent, the same bearing date June 5, 1876, more than two years after Talkington's death, his entry was reinstated April 5, On motion of Mr. DURBOROW, by unanimous consent, the 1878, and the heirs made new commutation proof, and paid $200, the purchase Select Committee on the Columbian Exposition was discharged money, for said land. from the further consideration of joint resolution (H. Res. 169) " Talkington made commutation proof and paid $200 tor this land, and recelved a duplicate receipt under date of August 20, 1872, issued a.t Darda­ extending the powers of the United States Government Exhibit nelle, Ark., No. 7419, and signed by John C. Austin, receiver, the same being Board, and it was referred to the Committee on the Library. payment in full for the tract in question at the double minimum valuation; and that across the face of said receipt is noted, "Commuted from home­ MESSAGE FROM THE SENATE. stead entry No. 3886, dated February 14, 1870." And it also appears from the A message from the Senate, by Mr. PLATT, one of its Secreta­ affidavit of one David Beasley, a neighbor of Talkington's, who was co~­ zant or all the circumstances of the case, barring the alleged relinqrush­ ries, announced that the Senate had passed with an amendment ment, that he accompanied Talkington to the local otnce, and was one of his the bill (H. R. 9824) to amend "An act to promote the construc­ wimesses in making his commutation proof; that the other witness is tion of a safe deep-water harbor on the coast of Texas," approved deceased; that he saw the usual papers in such case made by the proper otncer, and saw $200 in cash paid to the receiver; and that the amant fur­ February 9, 1891; in which the concurrence of the House was nished Talkington with a portion of the said sum. requested. ••It was for this sum that the heirs applied for repayment. DISTRICT APPROPRIAl.'ION BILL. "This application was finally rejected by the Secretary of the Interior by his decision of August 31,1885, found inLand Decisions, vol. 5, page 114, above Mr. DOCKERY. I now call up the District appropriation refelTed to, on the ground that the power of repayment by the Secretary of the Int.erior is limited and defined by a statute .to repayment of purchase bill. money of land erroneously sold by the United States when from any cause The SPEAKER. The Clerk will report the title of the bill. the sale can not be confirmed. (Sec. 2362, R. S.) The Clerk read as follows: "The proof of double payment in this case is direct and positive. "The !act that the receiver made no return of this money, as he is required A bill (H. R. 10038) making appropriations to provide for the expen ses of by law to do, does not contradict the fact of payment. the government of the District of Columbia !or the fiscal year ending June "The receiver is a bonded otncer, and the United States has a remedy 30, 1894, and for other purposes. against his bondsmen tor the misappropriation of the money received tor Mr. BUCHANAN of New Jersey. Mr. Speaker, I rise to a the sale of this land. "For the foregoing reasons your committee report back the. bill and rec­ parliamentary inquiry: Has not the regular order been called ommend U.s passage." for? There being no objection, the Committee of the Whole on the The SPEAKER. It has. Private Calendar was discharged from the further consideration Mr. BUCHANAN of New.Jersey. And is not the r egular of the bill, and the House proceeded to consider the same. order the second call of committees? The bill was ordered to a third reading, read the third time, The SPEAKER. But the g entleman from Missouri calls up and passed. this general appropriation bill. The rule, if the Chair r ecol­ On motion of Mr. BRE9KINRIDGE of Arkansas, a motion to lects aright, omits the provision for the second call of commit­ reconsider the last vote was laid on the table. tees on District day. Mr. BR ECKINRIDGE of Arkansas. Would it not be proper Mr. BUCHANAN of New Jersey. I call the attention of the now that the House bill co~·responding in its provisions to the Chair to paragraph 4 of Rule XXVI: After the morning hour shall have been devoted to r eports from commit­ Senate bill just passed be stricken from the Calendar? tees (or the call completed) the Speaker shall again call t he committ ees in The SPEAKER. In the absence of objection, House bill No. regular order, etc. 801 will lie upon the table. Mr. DOCKERY. I desire to call the attention of the gentle­ There was no objection. man from New Jersey to the fact that there is no second morn­ JAMES STEWART. ing hour to-day, this being District day. Mr. STORER. I .ask unanimous consent for the present con­ Mr. BUCHANAN of New Jersey. The gentleman begs the sideration of the bill (H. R. 6497) for the relief of James Stewart. question; that is the very point I am raising .

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'. 1893. CONGRESSIONAL RECORD-HOUSE. 443

The SPEAKER. The Chair will call the attention of the gen­ NOT VOTING-115. tleman from New Jersey to paragraph of Rule Andrew, Cox, N.Y. Ketcham, Simpson, / 2 XXVI. Bankhead, Crain, Layton, Sipe. The second and fourth Mondays in each month shall, when claimed by the. Bartine, Dixon, · Lester, Va. Snodgrass, Committee on the District of Columbta, be set apart for the consideration of Belden, Doan, Lewis, Snow, such business as may be presented by said committee. Bentley, Donovan, Lind, Springer, Blanchard, Dungan, Little, Stahlnecker, The Chair thinks it has been held that on District of Colum­ Branch, Dunphy, Loud, Stone, C. W. Breckinridge, Ky Ellis, Magner, Stump, bia day there is no second morning hour, as it is commonly Brickner, Epes, Martin. Sweet, termed. Brunner, Fellows, McClellan. Tarsney, Mr. BUCHANAN of New Jersey. My recollection is, although Bryan. Fitch. McKeighan, Taylor, Tenn. Bullock, Fithian, Milliken, Taylor, V. A. it may be faulty, that the question was raised in December last, Bunn, Forman, Mitchell, Turpin, and was decided otherwise. However, during the conBideration Bunting, Forney, Morse. VanHorn, of this bill I will look the matter up. · Byrns, Gantz, Norton, Warner, Cable, Gillespie. O'Neill, Mo. Washington, The SPEAKER. This bill, as the gentleman is aware, is a Galdwell, Goodnight, Page, Waugh, general appropriation bill. Campbell, Griswold, Pattison, Ohio Wever, Mr. BUCHANAN of New Jersey. And could be interjected Capehart, Harter, Patton, Wheeler, Ala.. Caruth, Hatch, Pickler, White, at any time. Castle, Heard, Price, Whiting, The SPEAKER. The gentleman from Missouri now ca.lls up Catchings, Hitt. Quackenbush, Willcox, the District of Columbia appropriation bill, and the Clerk will Clancy, Hooker, Miss. Reilly, Williams, Mass. Clark, Wyo. Hopkins, Pa. Rife, Williams, N.C. ag~ report the pending motion of the gentleman from Mis­ Clarke, Ala. Hull', Robru:tson, La.. Wilson. Wash. souri to recommit the bill. Cockran, Hull, Rockwell, Wilson, :Mo. The Clerk read as follows: Cooper, Johnson, N. Du.k. Rusk, Wolverton, Covert, Jones, Sanford, Wrighll. R esolved, That the pending bill be recommitted, and the committee in­ Cowles, Kendall, Shonk, structed to report back in 11eu thereof two bills, one appropriating money out of the revenue of the District of Columbia solely, the other appropriat­ So the motion to recommit was rejected. ing money out of the revenue of the General Government, the money appro­ The following pairs were announced: priated out of the revenue of the General Government not to exceed a SUlll Until further notice : equal to one-fourth of the amm.mt carried by the pending bill. Mr. FORNEY with Mr. BELDEN. Mr. COX of Tennessee. Before the vote is taken, Mr. S-peaker, Mr. WHI.TINGwith Mr. SWEET. I wish to make an explanation in regard to the vote cast on this Mr. CAMPBELL with Mr. JOHNSON of North Dakota. subject on Saturday. I am recorded as having been absent from Mr. HEARD with Mr. WEVER. the House. I was in the committee room engaged in work there Mr. BLANCHARD with Mr. DOAN. under an arrangement with a member on the floor to send for Mr. HATCH with Mr. HARMER. me when the vote was to be taken. It was omitted, not inten­ Mr. FITHIAN with Mr. TAYLOR of Tennessee. tionally, of course. If I had been present I should have voted in Mr. WASHINGTON with Mr. SANFORD. the affirmative, on the motion to recommit with i.natructions. Mr. GOODNIGHT with Mr. KETCHAM. The SPEAKER. The question is on the motion of the gentle­ Mr. ELLIS with Mr. MORSE. man from Missouri to recommit the bill with instructions, on Mr. BRYAN with Mr. HOPKINS of Pennsylvania. which the yeas and nays have been ordered, and the Clerk will FO!' this day: call the roll. Mr. MITCHELL with Mr. RIFE. The question was taken; and there were-yeas 61, nays 153", Mr. CARUTH with Mr. VINCENT A. TAYLOR. not voting 115; as follows: Mr. HOOKER oi ~fississippi. with Mr. QUACKENBUSH. YE.AS-61. Mr. GANTZ with Mr. GRTSWOLD. l\1r. TARSNEY with Mr. DINGLEY. Amerman, Crawford, Lagan, Shell, Arnold, Davis, Lane, Shively, Mr. TURPIN with Mr. WRIGHT. Bailey, DeArmond. Lawson, Va.. Stockdale, Mr. COVERT with Mr. HUFF. Baker, Edmunds, Lawson, Ga.. Stout, Mr. CROSBY. I was paired on Thursday, Friday, and Sat­ Bland, Enloe, Lester, Ga. Terry, Blount, Gorman, Lockwood, Tillman, urday of last week on all questions with the gentleman from Bowman, Grady, Mallory, Tucker. South Carolina [Mr. ELLIOTT.] Brookshire, Halvorson, Mansur, Turner, _ The result of the vote was then announced as above recorded. Brown, Ind. Hamilton, McLaurin, Watson, Buchanan, Va. Harries, McMillin, Weadock, The SPEAKER. The question now is on the demand of the Bushnell, Hayes, Iowa Moses, Wheeler, Mich. gentleman from Missouri [11r. DOCKERY] for the previous ques­ Butler, Holman, O'Ferrall, Williams, Til. tion. Clover, Jolley, Otis, Winn. Cobb, Ala.. Kem, Parrett, Mr. DE ARMOND. Mr. Speaker, I desire to offer a motion Coburn, Kilgore, Pierce. to recommit the bill with instructions. Cox, Tenn. Kyle, Seerley, The SPEAKER. That motion would not be in order. But NAYS-153. one motion can be submitted to recommit with instructions. • I That motion has been offered, pending the demand of the gen­ Abbott, Culberson, Hopkins, Ill. Perkins, Alderson, CUmmings, Houk,Ohio Post, tleman from Missouri for the previous question. Alexander, CUrtis, Houk.Tenn. Powers, Mr. DE ARMOND. Do I understand that but one motion can Allen, Cutting, Johnson, Ind. Raines, be made on that question? Antony, Dalzell, Johnson, Ohio Randall, Atkinson, Daniell, Johnstone, S. C. Ray, The SPEAKER. But one. Babbitt, De Forest, Kribbs. Ray_ner, The Chair will state to the gentleman from Missouri that the Bacon, Dickerson, Lanham, Reetl, demand for the previous question ordinarily would cut off all Barwig, Dingley, Lapham, Reyburn, Beeman, Dockery, Livingston, Richardson, motioDB, bu.t there is an express provision in the rule that pend­ Belknap, Dolliver, Lodge, Robinson, Pa.. ing a demand for the previous question a motion to r~commit Beltzhoover, Durborow, Long. Russell, may be made with or without instructions, which motion would be Bergen, Elliott, Lynch, Sayers, Bingham, English, McAleer, Scott, amendable unless the previous question were ordered upon it. Boat-ner, Enochs, McCreary, Scull, After that is disposed of no other motion can be submitted, as Boutelle, FEv ectett, McGann, Smith, the gentleman will see that unless there was some limit the mo­ Bowers, 11 A, McKaig, Sperry, Brawley, Fowler, McKinney, Stephenson, tions to recommit could go on indefinitely. Breckinridge, Ark. Funston, McRae, Stevens, ·Mr. DE ARMOND. Then I wish to submit a parliamentary Bretz, Fyan, Meredith, Steward, Ill. inquiry. Broderick, Geary, Meyer, Stewart, Tex. Brosius. Geissenha.:iner, Miller, Stone, W.A. The SPEAKER. The gentleman. will state it. Bro·wn, Md. Greenleaf, Montgomery, Stone, Ky. Mr. DE ARMOND. If the motion for the previous question Buchanan, N. J. Grout, Moore, Storer, is voted down, would motion to recommit be in order? Burrows, Hall, Mutchler, Taylor,m a Busey, Hallowell, Newberry, Taylor,E. B. The SPEAKER. The bill would then be before the House for Bynum, Hare, Oates. Taylor, J. D. such action a.s was proper to be taken with regard to it. Cadmus, Harmer, O'Donnell, Townsend, Camlnetti, Haugen, Ob.l..is;er. Tracey, Mr. DE ARMOND. If the motion is voted down I desire to Cate, Haynes, Ohlo O'Neil, Mass. Wadswort-h,. offer a motion to recommit with instructions-- Causey, Hemphill, O'Neill, Pa. Walker, Mr. DOCKERY. I object to debate, having demanded the Cheatham, Henderson, Iowa Outhwait~, Wike, previous question. Chipman, Henderson, N.C. Owens, Wilson, Ky. Cobb, Mo. Henderson, Ill. Patterson. Tenn. Wilson, W. Va.. The previous question was ordered1 under the operation of Cogswell, Herbert, Payne, Wise, which the bill was-passed. Compton, Hermann, Paynter, Youmans. Coolidge, Hilborn, Pearson, On motion of Mr. DOCKERY, a motion to reconsider the vote Coombs, Hoar. Peel, by which the. bill was passed was ordered to be laid upon the Crosby, Hooker, N.Y. Pendleton, table.

- 444 CONGRESSIONAL .RECORD-HOUSE. JANUARY 9,

ORDER OF BUSINESS. laws of the respective States, shall be exempted from militia duty, notwith­ standing their being above the age of 18 and under the age of 45 years. The SPEAKER. The Chair desires to say that he was in er­ SEC. 4. That there shall be an adjutant-general in each State and Territory, ror a few moments ago with respect to the second morning hour who shall perform such duties as may be prescribed by the l:~.ws of each State and 'l'erritory, respect ively, and who shall make returns and reports on District day. The present occupant of the chair having pre­ to the Secretary of War at such times and in such form as he shall from time viously decided the question, the Clerk will read the decision. to time prescribe. The Clerk read as follows: SEC. 5. That the Secretary of War shall, in his annual report each year, transmit to Congress an abstract of the returns and reports of the adjutants­ The SPEAKER. This day, being the second Monday of the month, is set general of the Sliates and Territories. with such observations thereon as he apart unde:J.: the rules for the consideration of business presented by the Com­ may deem necessary for the information of Congress. mittee on the District of Columbia if that committee desires to claim the SEc. 6. That the national guru:d shall be instructed in the same system ~~ . Mr. HEMPHILL. We will claim a part of it.. of drill and tactics that may from time to time be prescribed for the Army. Mr. PEEL. Mr. Speaker, a parliamentary inquiry. Has the morning hour With an amendment, as follows: been dispensed with? SEC. 7. That·whenever the United States are invaded, or are in imminent The SPEAKER. It has not. The attention of the Chair was not directed to danger of invasion, from any foreign nation or Indian tribe, or of rebellion that subject when he announced the Order of Business. The second morning against the authority of the Government of the Unit~ d States, it shall be law­ hour will now be had in accordance with the second clause of R uleXXIV, which ful for the President to call forth such number of the militia of the State or provide's that on all days other than the first and third Mondays of the month States most convenient to the place of danger, or scene of action, as he may the Speaker shall call the committees for the second morning hour. Sev­ deem necessary to repel such invasion, or to suppress such r ebellion, and to eral commir,tees were passed over without prejudice. The Chair will not issue his orders for that purpose to such omcers of the militia as he may call those unless some gentleman representing one of them asks to have his think proper. committee called. The regular call rests with the Committee on Naval Af­ SEC. 8. That when the militia of more than one State is called into the ac­ fairs. The second morning hour begins at twenty-one minutes past 12o'cloc:k. tual service of the United States by the President he may, in his discretion apportion them among such States according to reprflsentative populati9n: The SPEAKER. The morning hour begins at 1 o'clock. The SEc. 9. That the militia, when called into the actual service of the United States for the suppression of the rebellion against and resistance to the call rests with the Committee on Indian Affairs. laws of the United States, shall be subject to the same rules and articles of Mr. HEMPHILl... Do I understand the Speaker to rule that war as the regular troops of the United States. we have a second morning hour to-day? SEC. 10. That whenever the President calls forth the militia of the States to be employed in the service of the United States, he may specify in his cad The SPEAKER. The Chair so holds . . the period for which such service will be required, not exceeding nine The Committee on Indian Affairs was called. months, and the militia so called shall be must=red in and continue to serve The SPEAKER. That committee has a bill pending. during the terms so specified, unless sooner discharged by command of the Pl·esident. Mr. PEEL. Mr. Speaker,itwill be remembered that the Com­ SEC. 11. That the militi.a, when called into the actual service of the United mittee on Indian Affairs had a bill pending when the morning States, shall, during their time of service, be entitled to the same pay and hour expired, it being a bill to refer the claims of the New York allowances as may be provided by law for the Army of the United States. SEc. 12. That whenever tlie militia is called into the actual service of the Indians to the Court of Claims. I ask unanimous consent to United States, their pay shall be deemed to commence from the day of their pass our committee without prejudice: the gentleman who is in appearing at the place of battalion. regimental, or brigade rendezvous. charge of the bill has just come in, and having been confined at SEc. 13. That the expenses ~curred by marching the militia or any State or Territory to their places of rendezvous, in pursuance of a requisition of home by sickness in his family, has not been here and has had the President, or of a call made by the authority of any State or Territory no time to get ready. I ask that our committee be passed with­ and approved by him, shall be adjusted and paid in like manner as the ex­ out prejudice. penses incurred after their arrival at such places of rendezvous, on the req­ uisition of the President; but this provision does not authorize any spe­ The SPEAKER. The gentleman from Arkansas fMr. PEEL] cies of expenditure, previous to arriving at the place of rendezvous, wh1ch asks unanimous consent to pass the Committee on Indian Affairs is not provided by existing laws to be paid for after their arrival at such without prejudice, that committee having a bill pending before place of rendezvous. SEc. 14. That courts-martial for the trial of the militia shall be composed the House. Is there objection? of militia ofilcers only. · There was no objection. SEc. 15. That the sum of $600,000 is hereby annually appropriated, to be The Committee on the Territories was called. paid out of any money in the Treasury not otherwise appropriated, for the purpose of providing for issue to th'=l States and Territories, for the use of Mr. KILGORE. Mr. Speaker, I would like to have that .com­ the National Guard, such military stores and supplies, including such blank mittee passed without prejudice, the chairman of the committee forms, tactics, regulations, and other books as are furnished by the various not being present. . bureaus of the War Department for the use of the Army. The purchase and manufactm·e of such stores and supplies shall be m:~.de under the direction The SPEAKER. The gentleman from Texas [Mr. KILGORE] Iof the Secretary of War, in the same manner that they are manufactured or asks that in view of the.absence of the chairman of the Commit­ otherwise provided for the use of the Army. Such stores and supplies shall tee on Territories, that committee may be passed without preju­ remain the property of the UnHed States, and shall be r~ceipted for, ac­ counted for, and when unserviceable disposed of in such manner as the Sec­ dice. Is there objection? retary of War may direct. There was no objection. SEc. 16. That the amount of the appropriation for furnishing stores and THE MILITIA. supplies for the national guard shall be apportioned by the Secretary of War pro rata among the several States and Territories a.nd the District of The Committee on the Militia was called. Columbia, according to an allotment based upon the number of regularly Mr. LANE. Mr. Speaker, I call up the bill (H. R. 7318) to commissioned and enlistedNationalGuard which shall have appeared for muster in the several States and Territories and the District of Columbia. promote the efficiency of the militia. between the 1st day of March and the 30th day of April of the fiscal year im­ The SPEAKER. This bill is on the Union Calendar. mediately preceding that for which the allotment is made; and the Secre­ Mr. LANE. I move that the House resolve itself into the tary of War may detail, in his discretion, omcers of the Army to properly verify the presence of the men; and the allotment of the appropriation shall Committee of the Whole on the state of the Union for the con­ be made only upon the certificate of the army ofilcers so detailed, or in such sideration of this bill. other manner as the Secretary of War may prescribe. SEC. 17. That any State or Territory may purchase for the U5e of its Na­ The motion was agreed to. tional Guard stores and supplies from any department of the Army in addi­ The House accordingly resolved itself into the Committee of t,ion to those issued under the provisions or this act, and such stores and the Whole House on the state of the Union for the consideration supplies may,in the discretion of the Secretary of War, be sold to States and Territories at the price which they are listed for issue to the Army, and of the bill (H. R. 7318) to promote the efficiency of the militia, funds received from such sales shall not be covered into the Treasury, but with Mr. DOCKERY in the chair. shall be used to r eplace articles thus sold, and shall for this purpose be avail­ The CHAIRMAN. The Clerk will report the bill. able until used. SEc. 18. That the Secretary of War is au horized to receive from the sev­ The Clerk began the reading of the bill. It is as follows: eral States and Territories and the District of Columbia. any ordnance and Be it enacted, etc., That the militia shall consist of every able-bodied male ordnance stores which on June 30, 1887, were unsuitable or unserviceable, citizen who is of the age of 18 and under the age of 45 years, and shall be di­ .and to credit them with the same, so as to balance their respective accounts vided into two classes, the orgBnized to be known as the National Guard, the on that date under the law for arming and equipping the militia. unorganized to be known as the Reserve Militia. SEC. 19. That each State and Territory furnished with stores and supplie3 That the National Guard shall consist of such regularly enlisted troops as under the provisions of this act shall require every organization in its Na­ are or may be organized in the several States and Territories and the Dis­ tional Guard, not excused by the governor of such State or Territory, to go trict of Columbia in pursuance of their respective laws, not in conflict with into camp of instruction or to be quartered at a United States fort for in­ the provisions of this act, and the organization shall conform as closely a:s struction in heavy artillery at least five consecutive days in each year in their possible to that prescribed for the Army. respective States or Territories, and to assemble for drill and instruction SEC. 2. That the Reserve Militia shall not be subject or liable to any mili­ not less than twelve times in each year, and shall also require an annual in­ tary duty to the United States except when called into service by act of Con­ spection of each organization in its National Guard to be made by an o:!ficer gress passed for that purpose; that the National Guard shall not be subject or o:!ficers thereof. or liable to any military duty to the United States, except when called into SEc. 20. That, upon the application of the governor of any State or 'l'erri­ service by act of Congress passed for t.hat purpose or by the President of the tory furnished with stores and supplies under the provisions of this act, the United States, as is hereinafter provided; and every omcerandenlistedman Secretary of War m ay, in his discretion, detail one or more omcers of the of the National Guard called into service of the United States who shall re­ Army to attend any encampment of the National Guard of such State or Ter­ fuse to obey such call shall be subject to trial by court-martial. ritory, and such o:!ficer or o:!ficers sh all inspect such camp and make a report to the Secretary of War, who shall furnish a copy thereof to the governor of With an amendment, as follows: the State or Territory, on the condition and efilciency of the troops assem­ SEC. 3. That the Vice President of the United States; the omc~rs, judicial bled. and executive, of the Government of the United States; the members of SEc. 21. That, upon the application of the governor of any State or Territory both Houses of Congress, and their respective o:ffl.cers; all custom-house furnished with stores and supplies under the provisions of this act, the Sec­ ofilcers, with their clerks; all postmasters and clerks employed in the trans­ retary of War may, in his discretion, detail one or more o:!ficers of the Army portation of mail; all ferrymen emplqyed at any ferry on post-roads; all in­ to report to the governor of such State or Territory for duty in connection spectors of exports; all artificers and workmen employed in the armories with the National Guard. The governor may, in his discretion, commission and arsenals of the United States; all pilots; all mariners actually em­ such omcer in the National Guard during said detail 'nth such rank as he ployed in the sea service of any citizen or merchant within the United may deem proper. An omcer so assigned shall receive no pay or emoluments States; and all persons who now are, or may hereafter be, exempted by the from the United States, except those of his rank in the Army. All such a&- ..· .·

1893. CONGRESS! ON AL . RECORD-HOUSE. 445 signments shall be revoked at the request of the governor of the State or to put it on a war basis, but to leave it under the control of the Territory or at the pleasure of the Secretary of War. SEc. 22. That all existing laws relating to the militia are hereby repealed. States. It is to make it on a uniform plan if each State sees SEC. 23. That this aet is to take etrect immediately upon its passage. proper to organize a militia. .- During the reading of the bill Mr. WATSON. Will the gentleman please state to the House Mr. LANE said: I ask unanimous consent to dispense with the in what respect it has been found the laws are inefficient? first formal reading of the bill and that it be read by sections for Mr. LANE. Well, the old law requires that they shall be amendment, and that general debate on the bill be considered as armed with flint-lock guns. closed. Mr. HENDERSON of Iowa. And that.they shall carry a cer­ The CHAIRMAN. If there be no objection, general debate tain number of balls. . . r.i will be considered as closed and the bill will be taken up for con­ Mr. LANE. Yes; precisely. Now,thatisthelawonthestat­ sideration by paragraphs. ute book. I have not the statute with me, but the law itself is There was no objection. absolutely obsolete. The Clerk read section 1. Mr. WATSON. That, of course, would naturally change with Mr. LANE. I offer an amendment to that section, which I the change of weapons; but where is the necessity for consoli­ ; ' dating the militia forces of the United States in the several send to the Clerk's desk. States- The 01erk read as follows: Mr. LANE. They are not consolidated. Amend by inserting between the word "citizen " and " who," on line 4 of the first section of the pending bill, the words, "of the respective States resi· Mr. WATSON (continuing). Into a national guard. dent therein." · Mr. LANE. They are not consolidated. · So that the section as thus amended will read- ,, That the militia shall consist of every able-bodied male citizen of there· Mr. WATSON. In what respect is the force itself or its or­ spective States resident therein, who is of the age of 18 and under the age of ganization inefficient? 45, and is and shall be divided into two classes, the organized to be known as Mr. LANE. It is left to the action of each State, as it sees the national Guard; the unorganized to be known a.s the Reserve Militia." proper, to organize a militia, and when organized it is called the The CHAIRMAN. The question is on the amendment of­ National Guard; but it is under the control of State govern­ ferred by the gentleman from Illinois [Mr. LANE]. ment. The militia proper, as organized, are made the National Mr. BUCHANAN of New Jersey. Mr. Chairman, a parlia­ Guard, and the reserve is under the State organization. mentary inquiry: Do I understand that the bill is now open to Mr. HENDERSON of Iowa. As I understand, itis simply to amendment"? . make a clear distinction between the organized and the unor­ The CHAffiMAN. The bill is now open to amendment. ganized militia. Those that are organized are called the Na­ Mr. BUCHANAN of New Jersey. We are certainly entitled tional Guard, and those that are not organized are called the to have some explanation of the bill. Reserve Militia; that is the distinction. The CHAIRMAN. General debate was closed by unanimous Mr. LANE. Yes. consent. Mr. LIVINGSTON. I wish to direct the attention of the gen­ Mr. BUCHANAN of New Jersey. Then that was done while tleman to the language in line 4 of the second page: I was out of the Hall for a moment. I should like to have some That the National Guard shall not be subject or liable to any duty to the explanation of the object of this bill. It may be a very proper United States, except when called into service by act of Congress. bill. I have not had time to read it. Mr. HENDERSON of Iowa. That is all right. Mr. LANE. What was the request of the gentleman? Mr. LIVINGSTON. Has the governor of a State no right to Mr. BUCHANAN of New Jersey. I would like to have the call these guards into its service? bill explained by the gentleman who is in charge of it. Mr. LANE. Oh, certainly; it provides for that. Mr. LANE. The committee accepted the amendments to this Mr. LIVINGSTON. Where does this bill provide that? bill. Mr. LANE. It provides that further on. The CHAIRMAN. The gentleman from New Jersey [Mr. Mr. LIVINGSTON. I would like to hav-e that shown. BUCHANAN] asks the gentleman in charge of the bill to make Mr. LANE. This gives the governor of a State the right to some explanation. call out the militia alt>o. Mr. LANE. Of the bill itself? Mr. LIVINGSTON. You say that they shall not be called Mr. BUCHANAN of New Jersey. Since I made that request upon to do duty for the United States except when called into I have been informed by the father of the bill, or its sponsor, or service by act of Congress? perhaps its grandfather, or may be its father-in-law, of the · Mr. LANE. That is for national service, and that is all that character of the bill, and have no desire to take up the time of we have to deal with. the House. Mr. LIVINGSTON. Every State has a law which enables it The CHAIRMAN. The question is on the adoption of the to call out its own militia, and not subject to a nationa,J. call. amendment. Mr. LANE. Oh, my dear sir, yes. There is a State law and I - The question was taken; and the Chairman announced that a national law. The State law controls them in the State; this the ayes seemed to have it. only controls them when called out into the service of the United Mr. HOLMAN, Mr. Chairman, the amendment is not under­ States. stood; there is so much noise around here. Mr. HOAR. Is not this an addition to the. State law? The CHAIRMAN. Without .objection, the amendment will Mr. LANE. Certainly. again be reported. Mr. HOAR. The State law gives controlof the militia to the The amendment was again reported. governor on all occasions in the different States, and this is The CHAIRMAN. The question is on the amendment offered simply an addition to that, giving additional authority to the by the gentleman from Illinois. United States. Mr. DE ARMOND. Mr. Chairman, I rise for the purpose of Mr. LANE. Yes. endeavoring to gather from the gentleman who has tb.e bill in Mr. LIVINGSTON. Whynotacce~tanamendment that they cb.arge an explanation as to some of its features and as to the oc­ shall be called out for State purposes. casion for their consideration by this House, and why it should Mr. LANE. This does not change the State law. pass a bill nationalizing the State militia. What is the occasion Mr. HOAR. That is the law already. for making a national guard at this particular time? We have Mr. LIVINGSTON. !do not want the governors of the States no war. We are threatened with none. Why this unnecessary prohibited from having control over the militia. and dangerous step toward obliterating State lines and making Mr. LANE. Oh, no. the militia of the States a national guard in time of peace when Mr. LIVINGSTON. You take the National Guard under the we have no war and are threatened with none and no pretense provisions of this bill and you will control them absolutely. that they are to be called into the service of the United States? Mr. HOAR. We can now do that under the Constitution. It may be that there are good reasons for passing this bill. It Mr. McMILLIN. I would like to ask the gentleman in charge may be that there are reasons why it ought to be a;dopted, and of this bill a question. I see that the bill carries an appropria­ it maybe that there are reasons why we should organize the citi­ tion of $600,000. What amount has heretofore been appropri­ zens of this country as an organized military force. They have ated for this purpose? not occurred to my mind, and I trust some gentleman who has Mr. LANE. I will say to the gentleman that the bill carries examined the question and who is here to espouse the bill will an appropriation for $600,000. I am instructed to offer an amend­ enlighten us upon the subject. ment to make it $4:00,000, which is the present law and has been Mr. LANE. Mr. Chairman, there is no purpose to change since 1887. the law. They simply use the words "National Guard," as a Mr. McMILLIN. My impression is that this was an increase part of the militia. It is simply a bill to reorganize the militia. on the appropriation heretofore made. It does not change the existing law materially, exeept so far as Mr. LANE. It is, but the committee has instructed me to offer the existing law has becomeob3oleteand inefficient. It is simply an amendment making the amount the same as the old appro­ for the purpose of organizing the militia of the country, and not priation, $400,000.

·- 446 CONGRESSIONAL RECORD-HOUSE. JANUARY 9,

The amendment was agreed to. ment of the gentleman from Kentucky [Mr. DICKERSON] ought The Clerk read the following amendment recommended by to prevail. Then, sir, I am unable to see the great necessity for the committee: this legislation. I can not bring myseU to conclude that all will SEc. 3. That the Vice-President of the United States; the officers, judicial go wrong or the country be in danger if we do not" nationalize" and executive, of the Government of the United States; the members of both our militia. Do you expect by this mere statute to serve your Houses of Congress, and their respective ofllcers; all custom-house ofllcers, With their clerks; all postmasters and persons employed in the transporta­ country be!ter than your fathers did when the people and the tion of tlie mail; all ferrymen employed at any ferry on post roads; all in­ States rushed to the rescue of an imperiled country:> You will spectors of exports; all artificers and workmen employed in the armories never make those acquainted with your ancestral history be­ and arsenals of the United States; all pilots; all mariners actually employed in the sea service of any citizen or merchant within the United States; and lieve it. all persons who now are, or may hereafter be, exempted by the laws of the Mr. HENDERSON of Iowa. Mr. Chairman, I call attention respective States, shall be exempted from militia duty, notWithstanding their to the fact that, by the provisions of this bill, ali persons who are being above the age of 18 and under the age of 45 years. now, or may hereafter be exempted by the respective States, are Mr. DICKERSON. Mr. Chairman, I move to amend, in line to be exempt under this law, so that it is entirelywithin the 6 by inserting, after the word "all" and before the word 11 ferry­ power of the States to exempt their own civil officers if they de­ :dJ.en," the words" locomotive engineers on post-roads and." sire to do so. Mr. BUCHANAN of New Jersey. I call the gentleman's at­ Mr. CUTTING. I desire to say further, Mr. Chairman, that tention to the fact that his amendment does not go far enough. this provision is simply the present law, which has been on the To exempt engineers is all right, but what is an engineer to do statute book since the year 1792. without a fireman? . - Mr. DICKERSON. Mr. Chairman, I confess at the outset Mr. DICKERSON. Well, my friend can attend to the firemen. that I am very little inclined to strengthen the Army of the I am attending to the engineers. [Laughter.] · United States. If I bad my way that lumy should always be Mr. McMILLIN. Will this committee amendment give any kept at the very lowest number, and have as little authority as exemption that is not already given by the States? it is possible to give it. I believe in always holding the civil Mr. LANE. This is the present law. authorities superior to the military, and in relieving the civil The amendment of Mr. DICKERSON was agreed to. functionaries, even to the smallest in any State, county, or mu­ The committee amendment as amended was adopted. nicipal government, from the influence of the Army in any way, The Clerk proceeded to read the next section. directly or indirectly. I want every such officer to realize, in Mr. DICKERSON. Mr. Chairman, have we passed from sec­ the execution of the law, whether his State has acted on the tion 3? question or not, that however strong may the Army of the United The CHAIRMAN. That section has been adopted. States be, he is by the laws of the United States, under which Mr. DICKERSON. I desired to offer another amendment to that Army exists, independent and free from the influence of that section. that Army. He ought not to be in fear of a court-martial; he The CHAIRMAN. If there be no objection, the committee ought not to be terrorized, under any state of the case, by any can return to section 3. sort of process issuing under the rules or regulations of the There was no objection. .Army. Mr. DICKERSON moved to amend section 3 by inserting after It does not make any difference whether the officer be a con­ the word "States," in line 11, the words" and all persons hold­ stable whose duty it is to serve the people in some back woods ing any civil office under the authority of States, counties, or district of the far West, or whether he be the chief executive of municipalities." the metropolis of the country-the mayor of the city of New Mr. CUTTING. Mr. Chairman, that amendment would have York; every such officer ought to be exempt under this law. a very bad effect upon the bill, and I trust that it will not be These servants of the people in any sbte of the case, and in adopted. Many members of the National Guard hold civil whatever capacity they may serve, ought to be exempted. . offices. I hope the gentleman will withdraw his amendment. I do not approve of the purpose of this measure at any rate. Mr. DICKERSON. I can not do that. The gentleman from Tennessee [Mr. McMILLIN] has expressed Mr. CUTTING. As I have said, there is a large number of my opinion better than I can express it myself upon this ques­ national guardsmen who hold civil offices, and it seems to me tion of nationalizing the militia of the country. that if this amendment is carried, it will have the effect to dis­ Mr. CUMMINGS. May I ask the gentleman a question? organize the militia rather than to organize it, as we are seeking Mr. DICKERSON. Yes, sir. to do. Mr. CUMMINGS. Do you not think it would be best to allow Mr. McMILLIN. On the contrary, Mr. Chairman, if the the States themselves to make the exemptions and not to have amendment is not adopted, it seems to me the bill will have the them made through the authority of the Federal Government? effect to force into the militia. service, by United States statute, Mr. HOAR. That is it. the very officers that are engaged in carrying on the govern­ Mr. DICKERSON. I agree with the gentleman from New ments of the States, a kind of legislation not to be entered upon York [Mr. CUMMINGS] that it is right the States should make here unless with the greatest caution. One trouble that comes these exemptions. But in addition to that, I want what I am from this system of legislation is that when you undertake to do asking i,n this amendment. I am aware we have now in the bill everything in the way of organizing the militia of the States (and if it were not in the bill it would be an outrage that we through the United States laws, it is impossible for you to pro­ would not tolerate) a provision that the State may make exemp· ceed far without running counter so some of the laws of the tions; but in addition to that I want to have it provided in the States. bill that the various officers of the State shall be exempt, whether We have got along very well for one hundred years and more the State ever acts on the question or not. The people of any under the old system. The most fearful conflict, our civil war, little community-any city, any county-whether the State acts that has ever overtaken this country came on under the old mi­ on the question or not, ought not to have their officers wrested litia system and that system was found sufficient for the emer­ from them by the military authority of the United States. gency. There is no military power on earth that could have coped Mr. CUMMINGS. I want to call the attention of myfrierrd to either with the Federal Government or with the Confederate the manner in which the provision proposed would affect certain Government in one hundred and fifty days after they got their men in New York. Theoldcolonelofthe Seventh Regiment was military machinery in effective operation. In our infancy we Emmons Clark, who for twenty years was clerk of the health board met successfully the war with Great Britain under the old sys­ of the city of New York. Would the gentleman exempt him by tem. Briton's veterans went down before our State militia sev­ this bill from serving as a member of the National Guard? enty-seven years ago yesterday at New Orleans. We met the Mr. DICKERSON. Yes, sir. If he wishes to hold a military war with Mexico unde.r the old system. Only two or three years position let him resign his civil office. ago was this kind of legislation entered upon. In this Hall Mr. AMERMAN. This provision does not prevent him from a proposition was made to organize a national militia. Mr. serving in both capacities if he wants to do so. Cleveland was then President of the United States, and the prop­ Mr. DICKERSON. I do not think it does. But if he consid­ osition was found by him sufficiently suspicious to induce him to ers that his military service is not consistent with his civil du­ let the bill become a law without his signature. ties and obligations, let him resign one or the other. I would Now, we go further and propose to found a national militia. rather he would resign, as it is not proper that mill tary and civil Wehave "national museums," "national parks;" we have "na­ functions should be combined in the same officer. tional banks," and now we are to have a "national militia"­ Mr. CUMMINGS. Why would the gentleman override the "national" everything. It has got to be a common idea that rights of the State? Why not allow the State itself to decide the people will go to wreck and ruin unless you "nationalize " the matter? · everything in which they are concerned. What llil.s become of Mr. DICKERSON. I am not undertaking to override the the States that they .are no longer considered able or worthy to rights of the State. The form of the gentleman's question is un­ O,o anything? There may be meritorious features in this bill, fair to me. · I am a Democrat, and I would give the State but it seems to me that, whatever good there is in it, the amend- every possible right it can exercise, not inimical to the gener/lJ \

1893. CONGRESSIONAL RECORD-HOUSE. 447

interests. This bill itself recognizes the right of the State to Mr. WATSON. Mr. Chairman, I did notsaythatitabsolutely • I grant exemptions; but I insist that we should now insert an ab­ did that. I said that it was a step in that direction. solute exemption of all State officials, without regard to the ques­ Mr. JOHNSON of Indiana. Where is the step taken? tion whether the State may act on the subject or not. Mr. WATSON. By making the organization nationaland pro­ Mr. HOAR. Against the will of the State if necessary? viding for the Goverrun.ent control of it as a national organiza­ ./ ' Mr. DICKERSON. Against the will of anybody :;w.d in favor tion. of the people whom these officers immediately and directly serve. Mr. CUTTING. But under the laws of the State. Mr. HOLMAN. I wish to inquire of my friend from Illinois Mr. CURTIS. Where in the bill is there such a provision as [Mr. LANE], who is in charge of the bill, whether we are not the gentleman from Georgia seems to apprehend? making here an assumption of power on the part of the Federal Mr. WATSON. Why, look at the second section of the bill. Government which we ought not to make. I refer to the pro­ Mr. CURTIS. Whence arises the authority over the militia, vision which proposes to confer upon theStatesapowerthatthey e4cept under the Uonstitution? Instead of giving the organiza­ have always had. tion the character the gentleman assumes, we are Eeeking sim­ ., . Mr. LANE. I will say to the gentleman from Indiana that ply to carry into effect the true intent and meaning of the law of this has been the law for nearly one hundred years. 1795 and endeavoring to make perfect the organization under Mr. HOLMAN. A part of the Federal statutes? State control; and again I ask the gentleman to state where in Mr. LANE. Yes, sir. this bill there is any provision which does not preserve intact Mr. HOLMAN. Then why reenact it? the privileges of the States over the militia as they have existed Mr. LANE. Because we are codifying the laws on this sub­ in the past? ject. They _s1.re now scattered in different volumes. We want Mr. WATSON. I will answer the gentleman. From the to include them in a single act. We follow the language of the opening section of the bill the gentleman will see, if he scrutin­ existing law. izes it, that whereas we have heretofore had a separate military Mr. STOCKDALE. Will some gentleman familiar with this organization, under the control of the States, that now we have, bill please explain the necessity for this law? What is its ob- under the provisions of this bill, a national guard. ject, and what is designed to be accomplished by it? . The CHAIRMAN. The gentleman from Georgia will suspend Mr. LANE. The object of the bill is to make more efficient until order can be restored upon the floor. Gentlemen on all the law of the militia of the country. sides complain that it is utterly impossible to hear a word of the Mr. STOCKDALE. For what purpose? discussion. Mr. LANE. Well, every man may have his own idea of the Mr. BOUTELLE. Will the gentleman from Georgia·state at purpose. We have an idea that possibly we may be able tore­ what time in the history of this country the militia was anything duce the Army by rendering the military arm of the State more but a national organization? And if he has any doubt on that efficient. subject-- . Mr. HOLMAN. Why is not that the condition of affairs now? Mr. WATSON. If the militiasystem wasaperfectone, where Mr. LANE. Because the organization of the militia in some is the necessity for this legislation? of its details needs modification. Mr. BOUTELLE. Becaase no doubt the law was defective in Mr. STOCKDALE. Does not this, as a matter of fact, increase some of its details. the Army? Mr. WATSON. Butwhysuch a radical change if thelawwas -- Mr. LANE. No, sir; it leaves to the States to deal with the not defective? question as they see proper. Mr. BOUTELLE. Let me call the attention of the gentleman Mr. HOAR. I would like to ask the gentleman if itisnottrue to a provision in the early law concerning the militia. that there has been a national military law since about 1790? . Section 2 of Article II of the Constitution of the United States Mr. LANE. Yes, sir; since 1792. provides: Mr. WATSON. Mr. Chairman, it must be perfectly obvious The President- to those who have given attention to this bill that the real dis­ That is, not the president of a State, but the President of the tinction between the present military organization-the law as United States- it has existed for a hundred years-and the pending proposition shall be Commander-in-Chief of theArmya.nd Navy of the United States and is this, that heretofore all laws upon this subject have b~en of the militia of the several States, when called into the actual service o! based upon the general rule that the militia has yet been sub­ the United States. stantially, essentially, and vitally a State body. Mr. WATSON. Precisely. That is what I said. Now, Mr. Speaker, this bill destroys that character in great Mr. BOUTELLE. That makes it pretty thoroughly a na­ measure and makes it a national body. It is another step in the tional organization. direction of centralization. It is another engrafting of the spirit Mr. WATSON. Not at aU. We have had heretofore, as I of consolidation upon our laws; and it is another imitation of the stated, Mr. Chairman-- military systems of the Old World, and gentlemen who vote for Mr. HOAR. I will ask the gentleman from Maine [Mr. this bill had best pause and study its character for a moment, BOUTELLE] to read a little further. for they can not fail to recognize the fact that they are making Mr. BOUTELLE. Here are further provisions in regard to a distinct departure from the old military organization which the power of Congress; that Congress shall have power not only was established and which has been in operation for a hundred to declare war, grant letters of marque and reprisal, etc., but­ vears or more. To raise and support armies. .. Why, Mr. Chairman, I saw in yesterday's paper a statement To provide and maintain a navy. to the effect that certain parties favored the gathering together of To make rules for the government and regulat.ion of the land and naval an army of a hundred thousand armed men to be on exhibition at forces. To provide for calling forth the militia to execute the laws of the Union, the Chicago Fair, and we are asked to take a million dollars of the suppress insurrections, and repel invasion. people's money to make a display of this kind in the United States, so as to establish a kind of international rivalry on that Mr. HOAR. I ask the gentleman to-read the next section. . subject, and to exhibit a spirit of competition with the other Mr. BOUTELLE (reading): To provide for organizing, arming, and disciplining the militia, and !

.. /

.· 448 ·CONGRESSIONAL RECORD-HOUSE. JANUARY 9,

ask him a question? I understand that the gentleman does not any return to the Secretary of War, or be under his direction. object to the constitutionality, but simply to the supposed impro­ This section provides that the adjutant-general of a State, a '.I priety of the bill. State officer, either in time of war or in time of peace, shall also Mr. WATSON. I make no point on its constitutionality. be in the service of th~ National Government, and that he shall Mr. JOHNSON of Indiana. I wanted to understand the gen­ report to the national authorities, under the amendment, I be­ tleman. lieve, to the President of the United States, and under the sec­ Mr. WATSON. I want to call the attention of the committee tion, as it stands, to the Secretary of War. to the fact that we are changing the law of the military estab­ Now, if that is not a long step in the direction of taking from lishment, and instead of having forty odd separate State militias the States control of their militia in time of peace, and transfer­ we are now consolidat4tg these forces and making them ana­ ring it unnecessarily beyond the purview of the Constitution, tional body. and thus make a central power, I do not know what would be. Mr. JOHNSON of Indiana. Do I understand the gentleman We make this officer report to the Secretary of War, or to the then to base his opposition simply on the ground of impropriety President. Why compel a State officer by law hereafter to re­ of the legislation and not upon the ground of its unconstitution­ port to some other power than that from which he gets his power ality? to act? The general scope of this bill, as I gather its meaning, Mr. WATSON. As I was saying, Mr. Chairman-- is hidden. What is embodied in it is to destroy the distinction Mr. JOHNSON of Indiana. I ask the gentleman to answer between the States with reference to the control of the mil'itia, my question. not leaving the control of the militia to the State in time of Mr. CUTTING. Will the gentleman .from Georgia point out peace, but transferring it permanently to the central authority at any provision in the bill which nationalizes anything. the national capital-a very objectionable feature, I think. A Mr. CUMMINGS. Let me ask the gentleman from Georgia bill containing such a provision, either with the section as it another question. Do you maintain that a State militia can exist now stands or as it would stand as amended, ought to lead to the without the authority of tha Constitution? defeat of any bill. Mr. WATSON. Certainly not. Mr. BLAND. I move to strike out the section. I would like Mr. HOAR. And of an act of Congress? to inquire of the gentleman what is the meaning of that section? Mr. WATSON. Certainly not; but the point I make is that That there shall be an adjutant-general in each State and TeiTitory, who as it now exists it is a distinct, separate State organization. shall perform such duties as may be prescribed by the laws of each State and Territory, respectively, and who shall make returns and reports to the Mr. CUMMINGS. But under the authority of the Constit.u­ Secretary of War at such times and in such form as he shall from time to tion. time prescribe. Mr. CURTIS. And under the act of Congress cf 1795. What power has Congress to dictate to the State that it shall Mr. WATSON. Of course this subject is ama.tter upon which have an adjutant-general? In other words, is not the logical gentlemen may differ in their opinion. I state only my own conclusion of this section that the Federal Government shall ap­ view. point an adjutant-general to reside in each State who shall make Mr. HOAR. Does not the gentleman know that the United reports to the Secretary of War. If that is not the meaning States Supreme Court has already decided that the militia or­ what authority has Congress to prescribe to a State what its law ganization of the States can not exist except under an act of Con­ shall be? gress passed in connection with the provision of the Constitu­ Mr. LANE. I wish only to say to the gentleman from Mis­ tion which has been read. souri that the bill is now in substance what the law has been for Mr. WATSON. I presume the gentleman is correct about one hundred years. I read this to the gentleman: that; but that is not the question. The question is whether this There shall be appointed in ea.ch State an adjutant-general, whose duty it House thinks it wise to make, if we are making this bill-and shall be to distribute all orders from the commander-in-chief ot the State to that is the point I raise-a separate and distinct national guard, the several corps. composed of these various State militias, which organization That is the old law. becomes by its name and its organization un~er this bill a dis­ tinct national body, a great national mass of armed men. Mr. BOATNER. That is the law of 1792. Mr. HOAR. Let me ask the gentleman still further if he can Mr. LANE. No; that is the law of 1795-nearly one hundred point out in that bill any provision which makes it a separate years old. There is in every State a general law, under which there is an adjutant-general appointed, and he is the officer organization, different from the provisions of the law now ex­ meant in that section. isting? Mr. BLAND. He is required by this law to report to the Sec­ Mr. WATSON. If the bill does not do that, then what is the retary of War. necessity for it? Mr. LANE. He is required by the present law to make such Mr. HOAR. Because this is a codification, and an amendment a report. of existing law. Mr. I!OAR. Will the gentleman from Missouri [Mr. BLAND] Mr. WATSON. But it changes the law. Why do you change let me point out him that the sixteenth section of this bill it? to Mr. BOUTELLE. To improve it, probably. provides for the distribution of certain arms and munitions of A MEMBER. To improve the law just as you want to improve war to the National Guard by" an allotment based upon the num­ the law by your subt reasury bill, probably. ber of regularly commissioned and enlisted National Guard which Mr. WATSON. But I deny that you do improve it. shall have appeared for muster in the several States," and that the report provided for by the se ct~on under consideration or by The CHAIRMAN. The time of the gentleman has expired. the proposed amendment is intended to furnish the National The question is on the amendment offered by the gentleman from Government a basis upon which this distribution of arms and Kentucky. ammunition can be made, as it has been made heretofore, upon Mr. JOHNSON of Indiana. I ask that that amendment be the basis of voluntary statements of the condition of the militia again reported. In this confusion it has been lost sight of. of the several States? The CHAIRMAN. Without objection the Clerk will again Mr. BLAND. Mr. Chairman, I do not unders.!.!lnd that the report the amendment offered by the gentleman from Kentucky. present law authorizes or requires the State adjutant-general to The amendment was again read. make a report to the Secretary of War. The question was taken on the amendment;· and the Chairman Mr. STEWART of Texas. Mr. Chairman, the old law pro­ announced that the ayes seemed to have it. vided that each State should have an adjutant-general who should Mr. DICKERSON. Division. make reports to tbe Secretary of War, and it prescribed the na­ The committee divided; and there were-ayes 47, noes 64 ture of those reports. This bill provides that the adjutant-gen­ So the amendment was rejected. eral of the State shall make returns and reports to the Secre­ Mr. LANE. I offer an amendment to section 4. tary of War at such time and in such form as he shall from time The Clerk read as follows: to time prescribe. I thought that the bill in that form gave too Amend section 4 by striking out all of said section after the word "make," much discretion to the Secretary of War, gave him too much 1n line 4 of said section, and in lieu thereof insert the following: ''Return of the militia of the State with their arms, accouterments, and am­ authority over the State officers, and the amendment which was munition, agreeablytotheprovisionsofthelaw, to the President of the United offered by me which is now pending, is copied from the old law States annually on or before the first Monday in January; and it shall be the which has existed since 1792, specifying the nature of there­ duty o:t the Secretary of War, from time to time, to give such directions to the adjutants-general of the militia as mav. in his opinion, be necessary to ports to be made by ~he adjutant-general ·of the S~tes to the produce uniformity in such return." • · Secretary of War. That, and nothing more. Mr. DE ARMOND. Mr. Chairman, I desire to call attention . Mr. DE ARMOND. Mr. Chairman, I send to the Clerk's to the amendment, and the change that has been made in the desk and ask to have read ·section 1634 of the Revised Statutes. pending section, as wall as that which is proposed by the pend­ The Clerk read as follows: There shall be appointed in each State an adjutant-general, whose duty ing amendment. In the old law there is no requirement that it shall be to distribute all orders from the commander-in-chief of the li-t&&& the adjutant-general of a State in the time of peace shall make to the several corps; to attend all musters when the commander-in-ch.tX ~~

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.- 1893. CONGRESSIONAL RECORD-HOUSE. 449 the State reviews the militia., or any.pa.rt thereof; to obey all orders from property of the United States, to wit, the right of way over the streets of him relative to carrying into executwn and perfecting the system of mili­ Georgetown and Washington. tary discipline established by law; to furnish blank forms of returns that The Speaker sustained the point of order. may be required and to explain the principles on which they should be made· to receive 'rrom the several officers of the ditferent corps throughout The SPEAKER. This question seems have been decided the State returns or the militia under their command, and to make proper to abstracts from such returns, and lay the same annually before the com­ by the Chair at the previous session of the present Congress. mander·in-chief of the State. Mr. HEMPHILL. Then the Chair, as I understand, rules that this bill must be considered in the Committee of the Whole. I Mr. BOATNER. Mr. Chairman, I would like to inq~ire of ask the gentleman from Pennsylvania [Mr. ATKINSON] whether the gentleman from Texas [Mr. STEWART] what substantial ob­ we can not before we go into the Committee of the Whole limit jection there can ba to authorizing the Secretary of War to the time for treneral debate. require uniformity in the form ~f the reports to be made by the Mr. ATKINSON. I really do not know now how much time adjutant-generals of the respective States. may b3 desired. Probably we had better wait until we get into Mr. STEWART of Texas. That is the o bjectof my amendment; the Committee of the Whole, and aft3r the diEcussion has begun but this bill as it stands provides that the adjutant-general of the we may agree. . State shall make returns and reports to the Secretary of War, Mr. HEMPHILL. We shall prob:1bly be able to agree then? at such time and in such focm as he shall from time to time pre­ Mr. ATKINSON. I hope so. scrib3. Now, that does not undertake to say what th?s.e rep?rts Mr. HEMPHILL. I now move that the House resolve itself shall contain, and it seems to me that such a proVISIOn gives into Committee of the Whole on the state of the Union for the undue authority to the Secretary of War over these officers of consideration of this bill. the State. . The motion was agreed to. Mr. BOATNER. But wherein does it give undue authority? The House accordingly resolved itself into Committee of the Mr. STEWART of Texas. It give~ the Secretary of W.,ar dis­ Whole on the state of the Union, Mr. DOCKERY in the chair, and cretion, at his good pleasure, to ;eqm:e reports at a~Y: ~Ime he proceeded to !:,he consideration of .the bill (H. R. 3591) t:o a~t.hor­ pleases shout any subject connecood with the State militia. ize the Norfolk and Western Railroad Company of VIrgmia to Mr. BOATNER. Is there any objection to that? extend its line of road into ana within the District of Columbia, Mr. STEWART of Texas. Yes, sir; I think ~he f?tates alon.e and for other purposes. shoulJ. control the militia, subject to the constitutional provi­ Mr. HEMPHILL. I ask unanimous cons~nt that the first E.ion that it can be called out only in the emergencies contem­ reading of the bill be dispensed with. plated by the Constitution. Mr. BUCHANAN of New Jersey. I object. The CHAIRMAN. The morning hour having expired, the Mr. A'rKINSON. I think it had better be read. committee will rise. The SPEAKER. Objection being made to the request, the The committee rose· and the Speaker having resumed the bill will be read. chair, Mr. DOCKERY, f~om the Committee of the Whole ~n the The bill was read. state of the Union, reported that they had had u~der considera­ Mr. HEMPHILL. Mr. Chairman, I yield to the gentleman tion a bill (H. R. 7318) and had come to no resolutiOn thereon. from Virginia [Mr. MEREDITH] such time as be may desire. NORFOLK AND WESTERN RAILROAD COMPANY. Mr. MEREDITH. Mr. Chairman, I desire that the House shall understand by a very brief statementtheposition.that this Mr. HEMPHILL. Mr. Speaker, I desire to call. up the bill bill now occupies before the House. In the first place It may be (H. R. 3591) to authorize the Norf_?lk and W~ste.rn Railr?ad.Com­ necessary for me to say that the Norfolk and Western Railroad, pany to extend its line of roacl mto and withm the District of chartered by the Legislature of Virginia, proposes under t~is Columbia, and for other purposes. p3rmissive charter which it asks fromCongresstoenter the City Mr. ATKINSON. I rise to a point of order, Mr. Speaker. of Georgetown, and starting from a point on the Shenandoah The SPEAKER. The gentleman will state it. Valley R.oad, a branch of the Norfolk and Western, to come down Mr. ATKIN SON. This bill was before the House on a pre­ through the counties of Fauquier, Loudoun, and Fairfax,, in my vious occasion, and the Chair then held that it should b~ first own State and district, where every man, woman, and child de­ considered in Committee of the Whole. I make the pomt of sires the building of this road, opening up one of the grandest order now that the bill should be considered in Committee of sections of my State, where in some places we have no railroad the Whole. The reason assigned when the point was made, and within 20milesof the proposed line. Thecitizensof those coun­ was sustained by the Chair, was that the bill granted a right of ties have by mass meeting and by other pub~ic expressions in way over public property. every conceivable form shown that they desire the passage of The SPEAKER. The Chair will hear from the gentleman this bill. It is proposed to cross the river just above the Aque­ if from South Carolina [Mr. HEMPHILL] he desires to be heard duct bridge, to come into Georgetown, and to occ.upy t.E:r~·itory on the question. there, upon which .the owners, as appears. by their petltwn to Ml'. HEMPHILL. Mr. Speaker, the only question connected this House now lymg upon my desk, desire that the roadbed with the matter is, I think, whether the granting of a simple shall be placed. right of way over a street is an appropriation of public property By mass meetings and by petitions of citizens of Washington The bill does not give this company any title to the street, and, and Georgetown, embracing every business man doing business as a matter of course, it does not appropriate any public money. on Pennsylvani~ avenue from Rock Creek to this Capitol, save The purpose of the bill is to give a simple right to construct a one, the passage of this ~ill is asked,. so th~t this roa?- may have track along a certain street in Geo~getown. It ~ 3: question f~r the right to enter that City of 18,000 mhab1tants, which now has the Chair to decide whether that IS an appropriatiOn of public no railroad fa.cili ties at all. property in the sense co:r;ttemplated by ~he rul~.. Th~ is not a Now, it would seem strange to me, under ordi?-ary cir~mm­ grant of an irrevocable righ~of way. 'Fne gran" ~s subJect to al­ stances, as it must seem strange to members of this_ Committee teration or change at any time. SectiOn 9 provides that Con­ of the Whole, that where the people in the section of the country gress reserves the right to alter, amend, ?r repeal this act at any through which a road proposes to pass desire its passage-that time. The bill simply gives the road a right to pass over a pub· where the citizens of the city which a road proposes to enter de­ lie hio-hway. That is all. sire it to enter-I say it must seem strange that under these cir­ Mr~ ATKINSON. Mr. Speaker, I am not prepared to c.ite cumstances there should be any objection, coming from what­ authorities at this time, because I understood that the questwn ever source it may. What is the objection in this case? had been closed. It has been already decided by the Speaker of Mr. HENDERSON of Iowa. Have any remonstrancas been this House that this bill ought to be considered in Committee of filed from any quarter? the Whole. I have not the RECORD at hand containing the de­ · Mr. MEREDITH. Not a solitary one. On the contrary, one cision to which I refer, but if the Speaker will send for it he hundred of the best citizens of this city have been before the will find the decision to be as I state. That decision was ma:le committee to-day urging the passage of this bi!f. A.nd not a by the present Speaker of the House at the last session. This single remonstrance has come here. The public prmts have bill does grant a. right to public property which belongs to the charged that the only opposition to this bill comes from another Government. Having assumed that the Speaker would not care railroad corporation-a corporation which has.been granted ~ore to reverse his own decision, I am not, as I have said, prepared at privileges in this city than all the rest of the railroad corporatiOns this moment to present authorities on the question. here. Sothattheissuejoined to-day willdeterminewhether, upon The SPEAKER. The Clerk will read. a measure which is right and just, the great body of the people of The Clerk read as follows: the State and the city interested shall succeed, or whether they MONDAY, JUNE 2i-Part 1, page 237. shall be defeated by a corporation which, as I have stated, exer­ Mr. HEA.BD cailed up for consideration the bill (H. R. 3591) to ~uthorize cises more privileges over the public domain of ~his ci~y th~n the Norfolk and Western Railroad Company of Virginia to extend Its line of road into and within the District of Columbia, and for other purposes. any other corporation which has ever brought a railroad mto It. Mr. ATKINSON made the point of order that the bill shoul~ receive its first I Uilderstand, Mr. Chairman, that the opposition would be consideration in the Committee of the Whole, inasmuch as lt grants certain withdrawn if the Norfolk and Western Railroad Company could ·- XXIV-29 450 .CONGRESSIONAL RECORD-HOUSE. JANUARY 9,

be forced to leave the course which it proposes to follow, and to Mr. MEREDITH. No, sir, it is not. come down across the Long bridge, the bridge at present span­ . Mr:. HENDERSO~ of I?wa. I say if it is so used, as an effort ning the river between here and Virginia, a. bridge over lS bemg made to use 1t, will that enable the road to come into which the trains of three or four railroad corporations have to Georgetown? pass daily. Mr. MEREDITH. No, sir; it will prevent it. And I desire it to be understood, for I know whereof I speak, Mr. HENDERSON of Iowa. They propose to build a bridge of that if by amendment this road is compelled to come down and their own? pay tribute to another corporation, by passing over a bridge be­ Mr. MEREDITH. They propose to build a bridge of their own. longing to that corporation, the road will not be built. My Mr. ENOCHS. Above the two bridges now spanning the Po­ people will not and can not have the advantages they hope to tomac. have of a through railroad line passing over that region of Mr. HENDERSON of Iowa. Very well, then; to come over country. this bridge that is now used would force them into this city here. Now, sir, I do not desire to impugn the motives of any man. I Mr. MEREDITH. Instead of going into Georgetown. am not here for that purpose. I believe that gentlemen are actu­ Mr. HENDERSON of Iowa. And prevent their getting into ated by high motives; but I believe, Mr. Chairman, that they Georgetown. are mistaken, and I desire the test to be made as to whether or Mr. MEREDITH. You have struck it exactly, not a great corporation, through its attorneys, through its Mr. PICKLER. Where did this opposition seem to come agents, through its lobbyists, who have hung around this House from, as appears by the newspapers, on Saturday night at that day after day and week after week buttonholing members and inharmonious meeting? endeavoring to secure their aid by every possible means, can Mr. MEREDITH. I would not like to call any names. defeat the legislation proposed and prevent the Norfolk and Mr. RICHA.R.DSON. Perhaps there will be no opposition. Western Railroad from simply having a permissive charter to Mr. PICKLER. There was Saturday night an inharmonious enter the city of Georgetown. I say I desire to test whether or meeting. not a. corporation using such methods shall be allowed to prevail Mr. MEREDITH. I beg the gentleman's pardon. There was in this House. "" no. opposition a.t that meeting. The opposition was that it was Mr. Chairman, I might show, sir, a petition signed by the sa1d aome gentlemen had gone too far, and perhaps criticised members of the Virginia L8gislature, which I hold in my hand, some people too much, and that was the occasion of the dif­ and which must contain, from the size of it, the name of nearly ference; but every man there was in favor of this bill. Every every member of that body, asking for the passage of this bill. man desired the passage of it, and the only difference was as to I might hold up this petition, sir, and have the Clerk read it whether certain criticism ought to be made, all being agreed as but for the time it would take; and you would find that the most to the general result. prominent citizens of this city are in favor of the passage of this Mr. HENDERSON of Iowa. I think there is a general im­ bill and the construction of this road. I might take resolutions pression that they went too far in their criticism. I think that which !}ave been passed in the county of Loudoun, in the county the views and interests of the District can be fought for by men of Alexandria, and in the county of Fauquier and bring them here, like gentlemen, and not by a lot of rowdies. I condemn the begging the representatives of the people on this floor to give spirit of that meeting, although I am very strongly inclined to them an advantage which they believe they would receive by stand by the interests that were represented at that meeting. the building of this road. I want to say that much. But, sir, I do not desire to take up the time of the House. I Mr. HEMPHILL. If there was a little bad blood at that wish simply to state the position in which we are at this time. meeting we will not have any at this. I want to yield to the Here is a great interest started by a corporation which has done gentleman from Ohio LMr. ENOCHS] for five minutes. more to build up the interests of my own State, Virginia, than Mr. BOUTELLE. If my friend will allow me just for a mo­ any other railroad, if not ail the railroads within the limits of ment at this point, I would like to ask a question. I am very the State, an enterprise which proposes to furnish railroad facil­ much interested in this discussion because it is all new to me. ities to a city of 18,000 inhabitants where they have no such fa­ I understand that one of the objections made to the proposition cilities at the present time, and where the citizens have to pay in connection with the other railroad was that it would bring the heavy freights or else send wagons to Alexandria and haul mer­ railroad into this city, and that the purpose of thi~ bill is to bring chandise between the two points, as I understand it costs about the railroad into Georgetown. What do they want to get into one-third more for through fr~ig hts coming over the Long bridge Georgetown for? and this little stretch of road leading to Alexandria than it costs Mr. HEMPHILL. I do not understand that there is any ob­ to have the same delivered in that city. jection to their coming into this city, but the difficulty is in com­ I . Sir, we do not want to be placed in the position of having to pelling them to come over the one bridge that they have here, pay exorbitant rates for our freights; we do not want to be which leads either into this city or into Georgetown, which is placed in the position of having to pay tribute to another cor­ already crowded beyond its capacity. poration; we do not want to be a.t the mercy of the Pennsylvania Mr. BOUTELLE. I understood from the colloquy with my road, for we have been there; and I know whereof I speak when friend from Iowa [Mr. HENDERSON] that one of the difficulties I say that it has been the most grasping corporation that ever here was that somebody was trying to force this railroad into was known. Its charges have been flxcessive, and the other Washington, while they wanted to get into Georgetown. roads have had to pay tribute to it, unjust and outrageous both Mr. HEMPHILL. They want to get into Georgetown because in character and amount. that is the feasible plan, as I understand it; and it will give the Mr. Chairman, I do not know from whence this opposition people of that part of the District of Columbia some railroad will. come. I have believed that when the matter was under­ facilities, whereas now they are a mile or two from the depots. stood, that when the members of this House understood that At present Georgetown has no railroad. this was simply a request of the people of Virginia and of the Mr. RICHARDSON. The proposition is to have the road people of the city of Georgetown, asking for what is reasonable, come into Washington through Georgetown. what is just, and what is right-! have believed that the mem­ Mr. DAVIS. It will come into Washington through George­ bers of this body who had been opposed to us would withdraw town. their objection and that without further discussion this bill would Mr. HEMPHILL.· I yield five minutes to the gentleman from be passed. I do not desire to detain the House. I have stated Ohio [Mr. E~OCHS]. the position occupied by this road, and I am here to say that Mr. ENOCHS. Now, Mr. Chairman, ·as I understand the wherever the objections may come from they can not be reason­ provisions of this bill, or proposed law, it is simply to grant the able and they can not be just. right of the public to certain streets in the city of Georgetown. Mr. HENDERSON of Iowa. Will my friend permit a ques- No one will claim for a moment that it deprivea the property­ tion? · own9rs along the streets of their right to remuneration for dam­ Mr.l\ffiREDITH. Certainly, sir. ages caused by the occupation of the streets. As I understand, Mr. HENDERSON of Iowa.. It seems both roads have friends Congress occupies to the District of Columbia the position that a here and outside. Although11o one has spoken to me or written city council does in a city. It simply grants the right of way to -me against the bill, I have been written to and spoken to this that the public bas. morning in favor of the bill you represent. I want a little in­ In Ohio our courts have said that a property-owner having formation for myself, as I was too busy this morning to investigate property abutting on a skeet has as much interest and as much the matter. property in the street asthe abutting lot itself. That being the Mr. MEREDITH. I will give the gentleman all "the informa­ situation, Congress occupies the same position to the city as a tion in my possession with pleasure. city council in granting the right of way to get into this city, Mr. HENDERSON of Iowa. If the bridge you refer to that is and I know that city councils, without hesitancy, grant simply now used by certain corporations is used by this road, the Nor­ the right of way to the public streets, and expect the railroad folk and Western-- company to compensate the private owners of abutting property. 1893. CONGRESSIONAL RECORD-HOUSE. 451

Now, this is one of the most enterprising corporations I know the interest of the public, we ought to see that it is limited and of in this country. Its principal point is Norfolk, Va. They controlled so that no man can be injured. have recently built a bridge close to the line between West Vir­ Mr. ENOCHS. I understand that. Now, I want to answer ginia. and Kentucky, across the Ohio River, and are to-day run­ the gentleman's question. The decisions in this country are ning trains from Norfolk to Chicago, Ill. They ha.ve also built uniform that neither a city council nor any other legislative a branch road to Bristol, on the East Tennessee1 Virginia and body can give away the property of private individuals by grant­ Georgia road, and have, consequentiy, provided for that part of ing a right of way. The courts of my State have decided that the country, which is interested in having another line into the the ownership in the streets is as much property in the abutting city of Washington. That is all there is of it. This is simply lot-owner as the lot itself, and that therefore it can not be taken another line. This company has also built a oranch road down away by a city council or any other legislative body. to and connecting with the Cape Fear and Yadkin Valley Rail­ Mr. HOPKINS of illinois. That does not answer my question road, which connects them w1th the railroads all over North precisely. Carolina; and in a short time they will be connected with the Mr. ENOCHS. If a railroad is built over the highway, com­ -- railroads in South Carolina and Florida. pensation must be made for the damage caused thereby. That Thisconnection with the East Tennessee, Virginiaand Georgia is the uniform decision of all the courts, as I understand, and I Railroad connects with all that part of the country in Tennessee, would like the gentleman to show me a decision to the contrary. Georgia, Mississippi, Alabama, Texas, and Arkansas, which is in­ Mr. HOPKINS of Illinois. I can state to the gentleman that ter ested in having this additional road into the city of Wa.shing­ while his general proposition of law is correct, yet where the ton. Across the Ohio River, Ohio and Illinois are interested, as property-owner owns only to the miidle of the street, if a rail­ youhave connection with Chicago. The whole of the South and road is put upon one side of the street it does not affect the prop­ Southwestareinterested in this road. TheOhioValleynowhas erty-owner upon the opposite side so as to entitle him to dam­ the Chesapeake and Ohio road to get into Washington. The ages. That has been decided by the supreme courts of a number Ohio Valley and the Mississippi Valley would have this addi­ of States. tional line to g et into Washington. Mr. ENOCHS. Well, this bill provides for that case. There is cartainly nothing in this bill which goes beyond what Mr. HOPKINS of Illinois. That is what I have been trying is fair and reasonable to this railroad. It is simply granting the to get at. right to build a railroad to get into the city of Washington, an­ Mr. MEREDITH. The property-owners do not raise that other railroad enabling persons from all over the South and question. Southwest and from the Northwest to get int~ Washington over Mr. HOPKINS of illinois. But at the same time, when we an additional railroad into this city. That is all there is of it, are legislating upon the subject, we should see that provision is and anybody having p1·operty along the line of the road has made for the protection of their rights, whether they are ask­ his remedies. We do not grant away any right except the pub­ ing for it or not. lic right, the easement, to occupy the streets. Mr. HEMPHILL. I will state to the gentleman from illinois . Now, it seems to me that everybody in the South, the South­ [Mr. HOPKINS], if his mind is not at ease upon this subject, that west, and the Northwest,.everywhere except in the East, is in­ the decisions in this District are that if a railroad injures the terested, and directly interested, in having this additional line property along which it passes it is liable for damages. There into the city of Washington. happens to be a. church down here thatiknowsomethingabout, This enterprising corporation has gone on, as I have said, and and whenever they get a little out of funds they sue the railroad has reached all over the South, the Southwest, all over the West and get damages. [Laughter.] and Northwest, by its branches, and has bridged the Ohio River, Mr. BUCHANAN of New Jersey. I admit thefa.ct, but I deny and they are simply now asking that they may be allowed to the motive. [Laughter.] build this 50 miles of road and get into this city. There certainly Mr. HEMPHILl.~. No matter whether the motive is good or ought not to be any question about granting this right. bad, the fact is as I have stated. Mr. HOPKINS of Illinois. I would like to ask the gentleman Mr. HOPKINS of Illinois. Now, I will ask the gentleman from Ohio a question or two. whether these District courts, which he seems to be so familiar The CHAIRMAN. The time of thegentleman from Ohio has with, have decided that the construction of a railroad is an ad- expired. ditional easement or burden upon the public. · Mr. ENOCHS. I should like to have sufficient time to an­ Mr. HEMPHILL. I do not know that I unaerstand all the swer the gentleman a question or two. gentleman's big words. [Laughter.] Mr. HEMPHILL. I yield. time to the gentleman. Mr. HOPKINS of Illinois. They are not big words to a law­ Mr. HOPKINS of Illinois. The gentleman from Ohio says yer, and I assume that the gentleman is a lawyer. that all that this road requires is a right of way over some of Mr. HEMPHILL. But I do know that the courts of the Dis­ the public streets. Now, I would like to ask him if any provi­ trict have decided that if a railroad injures property along which sionj,s made whereby the property-owner whose property abuts it passes it must make compensation for the damage done. on th~ street, but whose land is not taken, can be compensated Mr. PAYNE. That church case was a case of a nuisance, for the damage he sustains? where the "tooting" interfered with public worship. That Mr. MEREDITH. Will my friend allow me to answer that does not cover the gentleman's point. question? Mr. HEMPHILL. I do not think there is any trouble about Mr. ENOCHS. The Constitution fixes that. the point raised by the gentleman from illinois. Now, Mr. Mr. HOPKINS of illinois. One at a time, gentleman. I will Chairman, if there is any opposition to this bill I would be very take the gentleman from Virginia later. glad to know it. I think we are simply fighting the wind so far. Mr. MEREDITH. I happen to be familiar w~th the facts. Mr. ATKINSON. Mr. Chairman-- Mr. ENOCHS. The Constitution fixes that right, that you The CHAIRMAN. Does the gentleman from South Carolina can not take property without just compensation therefor. Our yield the floor? courts have decided that. The Supreme Court has decided that Mr. HEMPHILL. I yield to the gentleman from Pennsyl­ a hundred times, I suppose. vania [Mr. ATKINSON]. Mr. HOPKINS of Illinois. Thatdoesnotanswer my question. Mr. ATKINSON. Mr. Chairman, I do not a.sk for time from Mr. ENOCHS. Well, I beg pardon. the gentleman from South Carolina. I am in opposition to this Mr. HOPKINS of illinois. I agree with the gentleman from bill, and I claim time in my own right. Ohio that under the constitutional pr-ovision you can not take a Mr. HEMPHILL. I do not propose to undertake to -control man's property without paying just compensation, but the courts the time in any manner further than to try to agree with the have decided that if you run a railroad along a public highway gentleman from Pennsylvania upon some reasonable time for and do not take the man's property, that constitutional provision debate. is not sufficient to guarantee him compensation for the damage Mr. ATKINSON. I do not think there will be any difficulty to his property resulting from the running of a railroad along it. about that. I do not care to be limited to any particular time Mr. ENOCHS. What courts have decided that? now, because I do not know who may desire to speak. Mr. OUTHWAITE. Does the gentleman [Mr HOPKINS. of Mr. HEMPHILL. How much time do you intend to occupy Illinois] know any property-owner in this case who is raising yourself? that question? Mr. ATKINSON. I really am not able to tell. I will demon­ Mr. HOPKINS of Illinois. I do not know whether anyone is strate that later. [Laughter.] raising the question or not. Mr. HEMPHILL. Not more than fifteen minutes? Mr. OUTHWAITE. On the contrary, they are all asking for Mr. ATKINSON. Well, I do not care to be limited; but I this road. shall not occupy very much time. Mr. HOPKINS of illinois. That is not the question at all. The CHAIRMAN. Does the gentleman from South Carolina The question is this: When we are perfecting legislation here, [Mr. HEMPHILL] yield the floor? not in the interest of the property-owners particularly, but in Mr. HEMPHILL. I would like to come to an agreement with ~ I

452 CONGRESSIONAL RECORD-HOUSE. JANUARY 9,

the gentleman from Pennsylvania as to the time to be occupied Mr. BERGEN. I thought the gentleman stated just now that in this debate. all the lawyers did agree. Mr. HOPKINS of illinois. Before the gentleman gives out Mr. HEMPHILL. Well, I thought they did; but I find now any more time I would like to ask him one more question. I am that one very good lawyer differs; therefore, I have changed not so familiar with District matters as the gentleman from my view upon that point. I think we had better not spend any South Carolina, and I would like to ask him in whom is the fee more time in the discussion of this legal q nestion. of the streets of this city, in the city or in the property-owners? Mr. BUCHANAN of New Jersey. I would like. to ask the gentle­ Mr. HEMPHILL. In the United States Government. man a single question. This bill, I observe, provides that certain Mr. HOPKINS of Illinois. Then if the fee is in the Govern­ streets in this city may be occupied by this railroad company. ment of the United States and we allow this railroad company It has been stated (and accurately, as I understand) that the fee to occupy the public highway how can the property-owner whose simple of these streets is in the United States Government. I property abuts upon this highway, but whose property is not find nowhere in this bill any provision for the payment of any­ taken, maintain a suit for damages? thing to the United States for the property thus taken. Am I ' Mr. HEMPHILL. Well, sir, I do not know how that makes correct in that? any difference. The gentleman will allow me to say that this is Mr. HEMPHILL. So far as my knowledge goes there has not a technical question; it; is a practical question; it is a condi­ never been a charge made upon any corporation for the privilege tion that we are confronting. It has already been decided, as I of passing over the public streets of this city. Neither the street­ have stated, that the corporation is liable in such cases. The car lines nor the Pennsylvania Railroad Company nor the Balti­ fact that the United States Government owns the street for more and Ohio have paid anything. st!'eet purposes does not warrant it in authorizing a great cor­ Mr. BUCHANAN of New Jersey. Is it not about time that poration to run steam cars along the street and thereby injure the Government and municipalities should be taking some such private property, and when a corporation does this it is liable steps? for damages. That is common law and common justice. Mr. HEMPHILL. Well, it may be, but it is a little hard that . Mr. HOPKINS of Illinois. I understand the common law to we should begin with a new concern. When we start the busi­ be that in the absence of some special provision damages can not ness we ought to begin with the great corporations already in be recovered unless property is actually taken; there must be existence which are making money, and not take one which is something tangible upon which to maintain a suit. It is only trying to get in and which has aU of the uphill work yet to do. by virtue of some special provision that consequential damages There is no such provision in any other bill that I know of. in such cases can be recovered. Now, I want to know whether Mr. BUCHANAN of New Jersey. The gentlemananswersmy there is any provision here by virtue of which a property-owner question" full pressed down and running over." [Laughter.] whose property is not actually taken will be able to obtain con­ Mr. HEMPHILL. Now, I wish to ask the gentleman from sequential damages. Pennsylvania if we can not agree on some time !or general de­ Mr. HEMPHILL. Why, sir, I have stated as plainly as I pos­ bate? sibly could that cases have actually been decided involving that Mr. ATKINSON. Evidently, Mr. Chairman, in view of the very question; and the money has been paid. Now what more time taken up with interrogatories to the gentleman from South can the gentleman ask? Carolina when he was on the floor, it is obvious that we can not Mr. HOPKINS of Illinois. The cases to which the gentleman safely agree on the time now. If he will tell me how many q ues­ refers may have been actions for nuisance. The damages recov­ tions will be asked by gentlemen around me before I leave the ered in those cases may have been entirely different from the floor, and how long it will probably take to respond to them, then character of damages which would be sought here. It is no I will be better able to make a decision as to the time I require. answer to me to say that the Supreme Court of the United States But I do not know that myself. If gentlemen ask questions they has decided a certain way on a church suit; that is notthe propo­ are entitled to a respectful answer. sition at all. The question is this: The feeof the street being in Mr. HEMPHILL. All the questions have been answered al­ the Government of the United States, is there any provision in ready, I think, with great satisfaction. [Laughter.] the bill by which consequential damages can be r ecovered by a Mr. ATKINSON. I have no doubt about that. property-owner whose property is not actually taken, but is dam­ Mr. HEMPHiLL. But all I want to get at is an agreement aged in consequence of the Government treating its property in that there shall be some limit to the general debate. the manner proposed in the bill? Mr. ATKINSON. I think we will be able to agree upon that Mr. HEMPHILL. Well, I will say to the gentleman that there after I have concluded. does not seem to be a particle of doubt upon that subject. This Mr. HEMPHILL. If the gentleman says so, we will agree on is one point upon which Democrats and R epublicans in this House forty minutes' additional time, of which I will allow him thirty are unanimous. I have had lawyers on both sides come to me minutes. and say there is not a shadow of doubt about this question. As Mr. ATKINSON. Let me go on and get through with what I have stated to the gentleman the point has been decided. I I have to say first, and then there will be time enough to deter­ can not conceive how the Government of the United States can mine that question. take t1roperty for a public street and grant its use to a corpora­ Mr. HEMPHILL. I think the gentleman can certainly fix tion, and then say that if such a corporation runs a loc ::> motive now some reasonable time. upon it the corporation is not to pay damages to the owner of Mr. BOUTELLE. I would suggest! Mr. Chairman, whether the privat3 property which is thus injured. Therefore I think or not it would not facilitate the consideration of this bill to take that if the people along the route do not object to the bill, if the a recess until gentlemen can have an opportunity to consult a lawyers of the District do not object, if nobody else objects, my capable lawyer? [Laughter.] friend from Illinois might assume that we are correct in the. Mr. HEMPHiLL. Unless we can agree upon limiting the gen­ position we take. eral debate, I will have to ask the committee to rise for that pur­ Mr. HOPKINS of Illinois. If the gentleman decides the ques­ pose. tion upon assumptions he may be correct. My question was sim­ Mr. ATKINSON. Well, I hope the gentleman will not do that ply asked for information. I wished to know whether he could under the circumstances. turn to any decision. I for one am desirous of granting the priv ­ Mr. HEMPHiLL. I will state to the gentleman from Penn­ ilege asked for here; but I would like to have the gentleman cite sylvania that I am perfectly willing to give him two-thirds or the case to which he has referred. three-fourths of whatever time the House may see proper to allow. Mr. HEMPHILL. I do not think there is a particle of doubt Mr. ATKn;soN. I think it would be hardly fair to take that about the point. I never heard tha.t objection raised to the bHl course now. After I have said what I want to say then the gen­ by anyone. tleman will have it in his power to make his motion. Mr. BERGEN. I would like to ask the gentleman from South Mr. HEMPHILL. Will the gentleman from Pennsylvania Carolina a question. Does he state that the Supreme Court of agree that within half an hour we can take up the question of time? the United States has held that where a bill does not have in it Mr. ATKINSON. Oh, I think I will conclude what I have to a provision under which damages are to be assessed, damages say in less than half an hour. I am asking no more rights than can be recovered? Certainly, I think the gentleman can not the gentleman himself enjoyed. T he gentleman from South maintain that proposition; and I do not think that the decisions Carolina enjoyed the very privilege I ask now. of the courts go to that extent. The gentleman may maintain, Mr. HEMPHILL. Mr. Chairman, I will yield to the gentle­ and the courts may have held, that when ~ights of way are thus man from Pennsylvania to finish his remarks, and we will then granted over Government property, ana. the act provides a agree on time if possible. method by which damages of private property-owners may be The CHAIRMAN. Does the gentleman from South Carolina assessed, such owners may recover damages, but not in other yield the floor? cases. Mr. HEMPHILL. I want to reserve the balance of my time. M!". HEMPHILL. Well, lawyers, we know, never agree about The CHAIRMAN. The Chairwill recognize in his own right anything. the gentleman from Pennsylvania. · '

1893. CONGRESSIONAL RECORD-HOUSE. 453

Mr. ATKINSON. Mr. C)lairman, I presume that there is no gle watchman to guard the tracks as they cross the streets at dispute about the propriety of admitting the Norfolk and West­ grade. There isnot in it asingle provision for the maintenance ern Railroad into the District of Columbia. I have no objection of a light to show that there is danger ahead to the traveler who to the admission of that road . . I have no objection to the admis­ approaches this railroad. sion of any other railroad into this District, and I do not rise for But there is another matt3r that I conceive is of as much or the purpose of throwing any obstacle in the way of this railroad mora importance to the city of Washington than that which I corporation or of any other that desires to come into this Dis­ have discussed. It is the question known generally as the rail­ trict. But I believe that the bill before us is open to serious ob­ road problem of the city and District, and it includes not only jection. the abolition of grade crossings, which is insisted upon, but it Anyone who has watched the trend of sentiment in this Dis­ also includes the reconstruction of the Long bridge. The Long trict and who has read the newspapers referred to by the gen­ bridge, as I understand it, is now under the control or in the tlemen who have spoken on this subject knows that there is a possession, at least, of the Baltimore and Potomac Railroad determined movement here having for its object the abolition Company. That company acquired possession of it by virtue of of grade crossings by railroads. It has been insisted, time and an act of Congress approved June 21, 1871, and that act provided again, that the grade crossings of the Baltimore and Ohio Rail­ that the Baltimore and Potomac Railroad might take possession road should be abolished and that the grade crossings of the of the bridge upon these conditions: Baltimore and Potomac road should ba abolished. I believe if First. That it maintain a roadway free to all who wish to travel between the people of this city are a unit on any question it is on the Virginia and the Distl'ict ot Columbia. Second. That said railroad company shall give every other railroad com­ question of the abolition of grade crossings. pany the right to pass over said bridge upon such reasonable terms as may The gentleman from Virginia very properly discusses the im­ be agre"J upon or Congress prescribe. ' portance of this road to his constituents and its desirability to Third. That if this company fails to maintain a brid6e as required by the the citizens of Georgetown, but he did not discuss the terms of act it shall revert to the United States. the bill; and I propose briefly to call the attention of the House At the time this act was passed the bridge was the property to the bill itself and see whether it meets the approval of the of the United States. It had been damaged by a flood. It was gentlemen here present. a source of loss to the Government, and it seems that they were First of all I observe that every crossing in the city of George­ glad to get rid of it upon the conditions named in the act. At the town is made at grade, and in taking up a map of that city I find time of this transfer of the Long bridge it seemed to be a suffi­ that there will be grade crossings on eight or ten of the streets. cient and satisfactory bridge for the traffic then existing, and There will be a grade crossing upon Montgomery street, upon the then existing conJ.ition of the river. Since that time we Greane street, upon Washington street, J effersonstreet, and upon have had an improvement of the Potomac. The banks of the many other streets over which this road is to be constructed. river have been raised. By reason of· this improvement the High street crosses the proposed road at grade. • water has been confined to a narrower channel; and it has been Now, I wish to ask with what propriety can gentlemen, friends demonstrated that the Long bridge is now an obstruction to the of the cities of Washington and of Georgetown, ask that more flow of water in time of flood. grade crossings be introduced into this city before any are abol­ Col. Haines, the engineer in charge of the Potomac River im­ ished? It seems to me they can not do it with any consistency. provement, made a report upon this subject, and I send it to the The grade crossings here are characterized as murderous, as Clerk's desk and ask that the parts I have marked be read. death traps. Will you improve the situation by adding four or The Clerk read as follows: five or a dozen more grade crossings in this interesting suburb Again, that part of Long bridge that spans the main chan'.lerof the river of Washington known as Georgetown? I hold that you will not, is as now built a serious obstruction to the free fiow of the river in times of and that this bill should be so modified as to admit this railroad freshets. The Board of Engineers that recommended the plan of improving the river front, now being carried out, called attention to the necessity of only when the plan for its admission is so changed that no streets rebuilding that structure with wider spans at an early stage or the work. will be crossed at grade. Let the company come inl if you will, The freshet of June last emphasized it. Reports have frequently been made but arrange its crossings in such a way as to do the least possible to Congress calling attention to the matter. Had the freshet of last June oc­ curred when the river was full of ice a gorge would most probably have damage to the people of that town. formed at the bridge and destroyed it. At the same time a much larger area But there is a very curious provision in this bill relating to ot the city would have been inundated. these grade crossings to which I wish to direct the attention of There is no possible way of preventing freshets. Moreover, they are most - the House. apt to occur when the ice in the upper Potomac breaks up after heavy rains. Long brid~e has been at least partially destroyed several times already. Section 3 provides that- When there is a freshet in the river ample room should be given to allow the The said company shall have power to construct and operate their said water to fiow off freely. It it be partially dammed up, as it now is, by the extension upon, across, or over such of the streets and avenues of said city Long bridge as constructed, the level will be raised and the chances of the as are upon its said route, subject to the approval of the Commissioners of water being thrown in on the city increased. the District of Columbia: Provided, ltowever, That good, substantial, and ef­ The reconstruction of Long bridge over the main channel of the riTer forms fective gates and fences shall be placed along its said route or across said an essential part of any project that looks to the permanent improvement of streets or avenues wherever the same may be required for the protection of the river front, and is intimately connected with the question of separating . , the public in the judgment of the Commissioners of the District ot Columbia, the wagon road from the railroad on the north side of that channel. as to which the company shall have due and sufficient notice. Mr. ATKINSON. Mr. Chairman, I call attention to the opin­ Not only are there to be grade crossings, but it is proposed to ion of the engineer in charge of the Potomac River improve­ fence them up, to put fences across the streets of the city of ments. He declares that it is necessary that the Long bridge Georgetown. I do not believe that there is a village in all this shall be rebuilt; that it is now an obstruction to the free flow of country that would consent to admit a railroad corporation with water in time of flood. He makes an estimate of the cost of the the privilege of fencing up the streets of the town at their pleas­ propos2d bridge, and shows that it will cost $1,250,000 to put in ure. And yet here it is provided that they may fence the streets place across that river such a bridge as will not obstruct the free of Georgetown. What would be the effect of that? Simply to tlow of water, and that will be suihble for the purposes for which · ml.t off Georgetown from the warehouses on the south of the pro­ that bridge is used. posed track, and to cut off access to the wharves upon the banks At the present time a number of Southern railroads cross this of the river. · bridge. The Chesapeake and Ohio, the Richmond and Danville, Mr. MEREDITH. Will my friend permit me to ask him a the Atlantic Coast Line, the Virginia Midland, all cross it under question? the reservation made in the act o£ Congress ceding this bridge Mr. ATKINSON. Yes. to the Baltimore and Potomac Railroad, and not one of these Mr. MEREDITH. When the Pennsylvania road was seeking companies has come to Congress, as it has the right to, to com­ to lay its tracks at grade, how did my friend vote upon that ques­ plain of the rates charged for crossing the bridge with trains. tion? There is a bill pending in the Senate providing for the abolition Mr. ATKINSON. When the Pennsylvania road came into this of all grade crossings on almost the whole of the line of the Balti­ city the gentleman from Virginia [Mr. MEREDITH] and I were more and Potomac Railroad, as it runs between here and South not in Congress. I wish to say that when the other roads came Washington; and it contains the further provision that the com­ in here, years and years ago, at least twenty years ago for the pany shall construct a bridge according to the plans of this engi­ Baltimore and Potomac and much more for the Baltimore and neer, at a cost of a million and a quarter of dollars. Ohio, the attention of the people had not baen directed to grade Now I come to the objection of allowing this new railroad to crossings, as it has been within a few years last past. Grade cross the Potomac River on its own bridge. Neither the Balti­ crossings were tolerated then which would not be tolerated now. more and Potomac Railroad nor any other road upon the face of But I hold that this House is in this position: Either that it this earth would rebuild this bridge at a cost of a million and a can not approve grade crossings upon this new railroad or else quarter of dollars if it would be immediately placed in competi- that it shall tolerate grade crossings upon every road that comes . tion with another bridge constructed above on the Potomac into this District. It can not make fish of one and flesh of River. This Long bridge is a public necessity, so declared by another. the engineer of the Potomac improvement, so declared by the Now,_besides this there is not a provision in this bill for a sin- fathers of this Republic when they passed an appropriation . ' .. - .J 454 CONGRESSIONAL RECORD-HOUSE. JANUARY9,

away back in 1808 for the construction of a bridge where the labor and money. Who pays for it? Why, the people wha pat­ Long bridge now is. ronize the railroads, and the cheaper you can build the neces­ I hold that the proper solution of this problem is this: That sary bridg.es, consistently with strength, the greater the num­ a. single bridge shall be built across the Potomac River; a new ber of railroads you can have use the same bridge the more you bridge, either built by the Baltimore and Potomac Railroad or reduce the cost of transportation, and the benefit of that reduc· by the United States, or built in any way that the Congress in tion ultimately goes to the people who patronize the roads. It its wisdom may determine; but it should be constructed, and its is a waste of time and money to build unnecessary bridges to be construction will be delayed, perhaps totally defeated, if this afterwards paid for by the people who patronize the roads. bill authorizing the Norfolk and Western to cross the Potomac Mr. ENOCHS. Does the gentleman from Pennsylvania know on a bridge of their own becomes a law. or does he not know that the bridge proposed to be built by this Mr. HENDERSON of Iowa. Why? railroad company which is here seeking the right of way is to Mr. ATKINSON. Why? Because it will take the traffic off be above two bridges which are already above the head of navi· the Long bridge. The Long bridge is more than 4,000 feet in gation upon the Potomac River?

len(J'th-4,6000 feet I believe the engineer states-while the bridge Mr. ATKINSON. I have not been discussing this bill in its above is a shorter and cheaper bridge. As I loQk at the loca­ relation to navigation, but I believe that the knowledge on that tion I do not believe it is a thousand feet long; it will be built a.t subject of the gentleman who has asked me the question corr·e­ less expense than the Long bridge, and they can take all the traffic sponds with my own. off the Long bridge and secure it for the new one. That is the The gentleman from Ohio [Mr. ENOCHS], in his very interest· reason. ing speech, called attention to the greatness of this Norfolk and Mr. HENDERSON of Iowa. They will not have as big divi- Western Railroad Company. He,is right. We are not dealing dends. · with a pygmy. I took the liberty of examining Poor's Railroad Mr. ATKINSON. The gentleman from Iowa says that if the Manual the other day for the purpose of learning something traffic of the Long bridge were diverted that dividends of the about this Norfolk and Western Railroad Company. The gen­ road controlling it would not be so large. tleman from Ohio has correctly stated its terminal points. I The difficulty is that there would not be any dividends from it. find that it has 1,120 miles of track; that it has a funded debt of It would not pay to construct such a bridge as would ba neces­ $50,000,000; that it has preferred stock amounting to $40,000,000, sary. My idea is that all railroads coming into this city should and common stock amounting to $9,000,000. It is a great cor· have equal rights; that there should be a union bridge con­ poration. I have nothing whatever against it. structed here, over which every railroad from the south-and I The gentleman who preceded me has stated that it is a Vir­ - a.m in favor of letting all in-should pass. If gentlemen say, let ginia corporation. That I believe is true, but its headquarters this new bridge be built and let all the southern traffic come are in the city of Philadelphia, and its president is a Pennsyl­ in over it, then I say in reply, let there be a railroad opened vanian. Many Pennsylvanians are in its directory; and Penn­ from the Norfolk and Western bridge ::o as· to connect with the sylvanians, as 1 am informed, have aided substantially in con­ Baltimore and Ohio and the Baltimore and Potomac R.ailroads. structing the road. What I insist upon is that the Norfolk and Give all these roads equal rights and sh.ow none of them any Western Railroad Company shall have simply the same rights favors. that you are willing to accord to other roads-nothing more. :Mr. OUTHWAITE. Who would control the trade and pas­ I believe that there should be a union bridge constructed and senger traffic after it got off the bridge? all the Southern roads admitted over it. That, it seems to me, Mr. ATKINSON. I do not understand the scope of the gen­ is the pro-per solution of this matter. I believe. that, in order to tleman's question. What does he mean by it? obtain the bene:fit of the facilities of this Norfolk and Western Mr. OUTHWAITE. How could any other railroad live if one road, it should be peri:nitted to come in over the bridge that is railroad had control of every foot of track over which the trains already constructed over the Potomac. If this railroad is a good would have to pass after getting off the bridge? thing let us have it at once; and it can come over the Long Mr. ATKINSON. Let them all have tracks leading to the bridge now. But I do not believe that this bill should pass in bridge, and let all the railroads come in over it under the con­ its present shape, and for the reasons I have given, I shallop­ ditions prescribed by the act of 1870, which are that "such rail­ pose it. road shall give other railroad companies the right to pass over Mr. HEMPHILL. Mr. Chairman, if no further deb~te is de­ said bridge upon such reasonable terms as may be agreed upon, sired on this bill I ask that the committee rise and report it or Congress prescribe." It is all in the hands of Congress. They favorably to the House. can determine it. But I insist that the abolition of grade cross­ Mr. HOPKINS of illinois. Is not the bill to be read by sec­ ings here and the rebuilding ol the Long bridge will be post­ tions for amendment? poned for years, -perhaps forever, if this bill is passed in the The CHAIRMAN. The Chair will state to the gentleman form in which i~ is presented here. from South Carolina [Mr. HEMPHILL] that the bill has not yet Mr. HENDERSON of Iowa. But will not the -privileges of been read by paragraphs. the people of Georgetown be postponed indefinitely if they have Mr. HEMPHILL. I ask then that the bill be read now by to wait for the building of a new Long bridge? paragraphs. Mr. ATKINSON. This road can come in over the Long The CHAIRMAN. The Clerk will read the first section. bridge to-day. The Clerk read as follows: Mr. HENDERSON of Iowa. But can they go up to George- Be it enacted, etc., That the Norfolk and Western Railroad Company, a body corporate under the lMvs of the State of Vir@nia, be, and they are heJ:eby, town? · authorized and empowered to extend their railroad into and within the Dis­ Mr. ATKINSON. If Congress grants them the right to go trict or Columbia, beginning for the said extension at the terminus of the along the river, they can. But what can they do in Georgetown main line of the said railroad on the Virginia side of the Potomac River and crossing said river by a suitable bridge to the east side or bank of said river, except deliver local&f:reights? They have no connections there. and thence following the same in an eastwardly direction, and by way of Why not put them in connection with all the railroads coming Water street, in Georgetown, to Rock Creek, and crossing said creek by a into the District? suitable bridge, and thence to the terminus of the line in Washington City, which shall be west of Twenty-sixth street west and between Pennsylvania Mr. HENDE.aSON of Iowa. But the Georgetown peo-ple avenue and Virginia. avenue, and to be so located as not to obstruct the pub­ would be relieved from a good many burdens that they now labor lic use of K street and the bridge now crossing Rock Creek at Water street, under if theycould have a railroad direct into their town, would at or near which point said company shall erect and maintain suitable pas­ senger and freight stations, with the right also to acquire by purchase or they not? condemnation, as hereinafter provided, such pieces or parcels of land as may Mr. ATKINSON. Perhaps they would. I find this to be the be by said corporation required tor its stations and warehouses within the c~e in such matters. The men who propose to introduce a new cities of Georgetown and Washington on the route herein authorized tor its use, with authority to construct and maintain single or double track rail· railroad are always considered public benefactors; everybody to ways on t:!:le said route through, along and over said streets and avenues, be benefited by the road is in favor of it, but just as soon as the with sidings, tum-outs, turntables, switches, and such other structures as road is built and it begins to charge fare and freight then the may be necessary to the delivery of cars to warehouses and stations along men who have built it instead of being regarded as public bene­ said rout.e, and to connect with and transfer its cars over any lines of rail­ road connecting with its lines: Provided, That no more than two tracks shall factors are denounced as public enemies. And that, I suppose, be laid along Water street, in Georgetown, by this or any other corporation. will be the condition of things in Georgetown after this road is And the roads and tracks and bridges hereby authorized to be constructed shall be a public highway, and may be used by any other railroad corpora­ constructed. tion for the transportation of passengers and tor the delivery and receiving Mr. HENDERSON of Iowa. The people of Georgetown seem of freight upon the payment ot a reasonable compensation therefor to the to be willing to take their chances on that. owners of the road; and in case of dispute arising 1n regard thereto the same shall be summarily determ.ined by the supreme court o:l' the District of Co­ Mr. PICKLER. I want to ask the gentleman from Pennsyl­ lumbia upon petition and answer: Provided, That the brid6'3 to cross the vania a question. Upon what theory does he hold that Congress Potomac River, connecting this extension with the main llne of said Nor­ ..... should prevent the building of another bridge across the Poto­ tolkand Western Railroad at a. practicable point above the Aqueduct or Free bridge, shall be so constructed as to cause the least obstruction to the navi­ mac in order to secure the traffic to the present bridge-owners? gation or the river, upon plans to be approved by the Secretary of War, and Mr. ATKINSON. Upon this theory-and I a.m glad the gen­ so that its abutments on the north side or Potomac River and the construe­ tleman has asked the question. Every bridge that is built costs rum of the proposed extension at any point shall not injure or obstruct the .·

I ' 1893. OONGRESSIONAL RECORD-HOUSE. 455

US& of the canal or o! the towpath of the Chesapeake and Ohio Canal: Pro­ grade of the streets of a crowded city is entirely too poor to vided, however, That nothing in this act shall be so construed as to authorize said company to acquire, occupy, or use any portion o! the waterway, berm­ undertake a great public enterprise of this character. bank, towpath, or slope o! the bank sustaining the said towpath, or the lands I have been reading in the papers of this city for the past two covered by such slope. years accounts of the great number of instances where accidents Mr. HOPKINS of Illinois. I have an amendment which I de­ have occurred because of grade crossings; and I also learn from sire to offer. them that efforts are in progress to provide for the abolition of TheCHAIRMAN. The amendmentsreportedby the commit­ all grade crossings on both of the other roads entering the city. tee will first be acted upon. It seems to me this is an appropriate opportunity, in the in­ Mr. HEMPHILL. I hope there will be noobje3tion to agree­ auguration and inception of this new enterprise, to fix a simi.l.ar ing to the committee amendments in gross; and then the gen­ restriction and provide that the track& shall not cross at grade. tleman from Illinois can offer his amendment. Mr. HEMPHILL. I would like to say a word in resporu:e to The CHAIRMAN. Is a separate vote demanded on the commit­ the gentleman from New Jersey, and that is, that this road goes tee amendments; if not, the vote will be taken in gross? along a street that has been already occupied by railroad tracks. Mr. ATKINSON. I have an amendment which I wish to offer. If it be put below the grade it will make a canal of the street, The CHAIRMAN. Is a separate vote demanded on the com­ and if you put it above the grade the crossing would go beyond mittee amendments to the first section of the bill? the river. There is scarcely a &ingle human being on it, so. far Mr. ATKINSON. I demand a separate vote on each amend­ as I know. I have myself gone along the street and have never ment. seen anyone; and it looks a& if na one had lived in the houses T.he first amendment was r ead, as follows: there for a century. Therefore, if the amendment be adopted After the war.cl" bridge," in. line 9, insert the words" a;t or near :the Three it will be of no consequence or value. Sisters, or such point west thereof, and upon such plans as maybe approved Mr. BUCHANAN of New Jerssy. Well, now let us see what by the Secretary o! War." this-bill, as amended by the committea, allows this road to do. The amendment was agreed to. It provides that it may cr03s the river- The next amendment of the committee was read, as follows: by a suitaJ>le bridge a:t or near the Three Sisters, or such point west thereof After the word "to," in line 13, strike out" Rock Creek, and crossing said and upon such plans as may be approved by the Secretary ot War, to th~ creek by a suitable bridge," and insert: "Thirtieth street m: some pointwest east side or bank of said river, aud thence following the same in an east­ thereof, and thence to a point on Rock Creek n

I ' 456- CONGRESSIONAL RECORD-HOUSE. JANUARY 9,

said city as are upon its said route: Provided, however, That good, substan­ Aqueduct bridge, and it can easily be protected by this bill re­ tial, and effective gates and fences shall be placed along its said route or across said streets or avenues wherever the same may be required for the quiring the railroad to cr<>ss either above or below the grade at protection of the public in the judgment of the Commissioners of the Dis­ that street, if it crosses it at all. It is to cross under the bridge trict of Columbia, as to which the company shall have due and sufllcient at that point anyhow. notice. Mr. BUCHANAN of New Jersey. It may cross under to-day The Clerk read the committ<3e amendment to the section, as and it may not when it is built. follows: Mr. HEMPHILL. We can provide for that. That does not In line 4, after the word ''route," insert the words "subject to the approval necessarily imply that you shall require them to go over or un­ of the Commissioners of the District of Columbia." der the whole of the streets that they may occupy, because that l• The amendment was agreed to. proposition has been voted down by the House. Mr. BUCHANAN of New Jersey. Mr. Chairman, on page 4, Mr. GROUT. Let me ask the chairman of the District Com­ section 3, I desire to offer· an amendment to strike out the words mittee if this road does not come down on the canal property at " upon, across, or," so as to make it read: the point where it is to cross the Three Sisters bridge, and from The said company shall have power to construct and operate their said there down for some distance? · extension over such of the streets and avenues in the said city, etc. Mr. HEMPHILL. If the gentleman will examine the bill he I cifer that amendment for this reason: As the bill now stands will find that they are not to occupy any of the property of the there is absolutely nothing in it to prevent this company from canal, the towpath, water way, bank, or otherwise, except by coming down from the Three Sisters Islands bridge and crossing permission of the company now owning the canal. at the end of· the Aqueduct bridge, at grade, the street which Mr. GROUT. Anotherquestion I desiretoaskthe chairman. leads to Arlington, a street very much traveled, indeed; and to Is not Water street, near the Aqueduct bridge, into which this have a railroad crossing upon it at grade would, it seems to me, railroad comes, away below the high way that now passes over the . be not only very inconvenient to the people who use that street, bridge? but also dangerous to human life. Mr. HEMPHILL. Oh, yes, sir. Mr. HEMPHILL. I do not think the street that leads toAr­ Mr. GROUT. How many feet, in the judgment of the chair­ lington is the one. You know where the Pennsylvania road goes man? out in that direction. I do not understand this railroad comes Mr. HEMPHILL. I should say 20 or 30 feet. down that street. Mr. GROUT. Ia it practicable for this railroad to come up Mr. BUCHANAN of New Jersey. I understand that this road there and reach Water street except by going under this bridge? is to build a bridge at or near the Three Sisters Islands. Mr. HEMPHILL. Oh, no; that is the engineer's plan, and it Mr. HEMPHILL. Yes. is the only plan. Mr. BUCHANAN of New Jersey. I understand and know Mr. GROGT. Mr. Chairman, as I understand this matter, al­ that these islands are west of the Aqueduct bridge. I under­ though not sufficiently familiar with it to testify with absolute stand from the terms of this bill that these tracks are to run certainty, it is as the chairman of the committee says-the only from that bridge down Water street and into the terminus of practicable way tp reach Water street is by passing under that the line in Washington City. I do know that the Aqueduct bridge. bridge is between these points. I do knowthatjust north of the I want to further say that if there is any possible danger that end of the Aqueduct bridge is an immense high bluff which ~t this railroad shall adopt any other plan, and cross the road lead­ would be impossible for the road to go over, and that it must ing to the Aqueduct bridge at grane, I should be in favor of an cross ·the street, which is the extension of the line on which the amendment compelling them to come under; but as I undeJ·stand Washington and Georgetown cars run. The street which crosses it, the situation compels them to come under. the Aqueduct bridge must be crossed by these tracks to get Mr. BUCHANAN of New JerEey. Mr. Chairman, I have from the Three Sisters bridge to the terminus in Washington modified my amendment. City, and t~ere is nothing 'in the ~?ill as it stands to prevent that The CHAIRMAN. The Clerk will report the amendment as crossing bemg at grade at that pomt. modified. Mr. HEMPHILL. Of course the gentleman is giving his un­ The Clerk read as follows: derstanding of the bill, but I do not understand it in that way. "Strike out the words "upon, across, or" and insert the words "under." Mr. BUCHANAN of New Jersey. You do if you understand Mr. BUCHANAN of New Jersey. Strike out the words the topography of the country. . "upon, across, or" and insert the words "under or over such of Mr. HEMPHILL. J have been out there a good many t1mes, the streets." and I have tried to understand it. Mr. HEMPHILL. The trouble about that is that it covers Mr. BUCHANAN of New Jersey. Where do they cross? all the streets, and your argument only related to the street lead­ Mr. HEMPHILL. They need not necessarily cross at that ing to the Aqueduct bridge. point. They may cross under the "!>ri.dge if necessary. It is all Mr. BUCHANAN of New Jersey. Oh, no. That was an il­ subject to the control of the ComffilSSIOners to make such regu- lustration. lation as will protect property. . Mr. HEMPHILL. I wish to say, Mr. Chairman, that we have Mr. BUCHANAN of New Jersey. Do you denythatthisroad already voted that down. If the gentleman will offer a proviso will either go over or under or upon the approach to the Aque­ that the track shall cross under the street approaching the Aque­ duct bridger duct bridge I wil1 consent to that. Mr. HEMPHILL. I believe it is proposed to run under. Mr. BUCHANAN of New Jersey. Mr. Chairman, the gentle­ Mr. BUCHANAN of New Jersey. I want to make them to man in his own time will undoubtedly have the privilege of offer­ run under. I do not want them to cross there at grade. ing that amendment. I consent cheerfully that he shall offer Mr. HEMPHILL. There is no objection to a provision re­ such an amendment. quiring the railroad to do whatever is necessary to protect the Mr. HEMPHILL. I am obliged to you and appreciate your public at that point. kindness. Mr. BUCHANAN of New Jersey. The bill does not say any­ Mr. BUCHANAN of New Jersey. There is nothing like cour­ thing about that. tesies being returned. I shall insist upon my amendment. Mr. HEMPHILL. I think we will come to a conclusion about Mr. OUTHWAITE. I make the point of order this amend­ it. The amendment undertakes to say that they shall run un­ ment has been disposed of by the committee. der these streets all along the line. The CHAIRMAN. The point of order comes too late. The Mr. BUCHANAN of New Jersey. I propose to change it so amendment has been under discussion some time. as to make it go under. Mr. BUCHANAN of New Jersey. Certainly it is too late. Mr. HEMPHILL. If the gentleman will say that at the cross­ It might have been good originally. ing of the street where the Aqueduct bridge comes into the Dis­ The questjon was taken on the amendment, and the Chairman trict of Columbia they shall go either over or under the public announced that the noes seemed to have it. highway at that point 1 shall not object to it. Mr. BUCHANAN of New Jersey. Division. Mr. BUCHANAN of New Jersey. I will not put it in that way, The committee divided; and there were-ayes 10, noes 134~ b: cause that would be an implied command to them to cross the So the amendment was rejected. other streets at grade. Mr. ATKINSON. Mr. Chairman, I wish to offer an amend- Mr. HEMPHILL. There is no implied command about it. ment at the end of section 3. Mr. BUCHANAN of New Jersey. There is a very broad The CHAIRMAN. That is in order at this time. license. . The Clerk read as follows: Mr. HEMPHILL. The House has already voted upon that Be it further enacted, That the Norfolk and Western Railroad Company is proposiliion. It is not a question of implication at all; but I can hereby directed and required to keep in the daytime, at every point where any public street crosses the railroad track or t~acks of said . company, a. understand what the object of the gentleman is, as he has stated person stationed with a red fiag, and in the evemng, until arr1va1 and de· it, and if that is his object, as I apprehend him, then the public parture of the last train at night, at all the street crossings, a person with a. would ba protectBd by the suggestion I make C'-oucerning the flag, and lighted lamp or lantern with red glass, to give warning of the ap- 1893. CONGRESSIONAL RECORD-HOUSE. 457

I proach of the locomotive engines and railroad cars, of any description, of Mr. ATKINSON. Oh, that maybe; but the same may be said said company, under the penalty of $10 for every time any locomotive en­ It gine or railroad car shall pass (at any such crossings without such persons of a large part of Georgetown. is the ancient city of the Dis­ being stationed) and such warning being given, to be forfeited and paid by trict. But because a man lives or does business in a house 100 the said company, or the engineer or conductor in whose charge such loco- years old is no reason why he should not have proper facilities motive engine or railroad car may be, severally and respectively. . to rea~h that old house. [Laughter.] SEC. 3 . .And be ~t further enacted, That no railroad locomotive engme, or railroad car, or train of cars shall encumber or obstruct any sidewalk or Mr. HEMPHILL. Certainly not; but nobody there lives in a crosswalk, or any street in cities of Washington or Georgetown, for a longer house 100 years old. These old houses that I refer to are down period than is absolutely necessary for the safe and expeditious discharge of passengers only, under the penalty of $25 for eac}?. offense, to be f?r­ on the river and are abandoned to the rats. Now, I want to feited and paid by the railroad company owning or usmg such locomotive come to the gentleman's argument. He says that this amend­ engine or railroad car, or train of cars, or the agent, engineer, or conductor ment which he offers is a police regulation of the city of Wash­ in whose charge such locomotive engine, railroad car, or train of cars may ington. I presume it has worked fairly well in relation to the be severally and respectively. SEC. 4. .And be it further enacted, That the Norfolk and Western Railroad other railroads here, and I call attention to the fact that the Company shall not lay down any rail or rails, or railroad track or tracks, or District Commissioners are authorized by this bill to do exactly shall alter the grade or location of any rail or rails, or railroad track or what the gentleman has suggested-- tracks in, across, or along any street in the cities of Washington or George­ town except when directed and required by the Commissioners to alter the Mr. ATKINSON. Will the gentleman point out the section grad~ or location thereof, without having first given twenty days notice to the that gives that authority? Commisioners of the desire and intention of the said railroad company to Mr. HEMPHILL. Section 3 provides: lay down or alter the grade or location of such rail or rails, railroad track or tracks except when replacing a worn or broken rail, under the penalty of That the said company shall have power to construct and oparate their 15() for each and every VIOlation of any Of the provisions Of the section, to be said extension upon, across, or over such of the streets and avenues of said forfeited and paid by the said company, or the person or persons laying or city as are upon its said route, subject to the approval of the Commissioners altering the same severally and respectively. of the District of Columbia.: Provided, however, That good, substantial, and SEC. 5. .And be it further enacted, 'l'hat that portion of the ~treet~ lying or effective gates and fences shall be placed a1.ong its said route-acros3 said befng between the rails or tracks and two feet from the outside ra11 or track streets or avenues wherever the same may be required for the protection of oi the Norfolk and Western Railroad Company shall be paved in the same the public in the judgment of the Commissioners of theDistrictofColu.mbia, manner as the rest of the street or avenue in which such rails or tracks may as to which the company shall have due and sufficient notice. beJ;b~6 . .And be it further enacted, That rail or rails, track or tracks of said Now, if the gentleman wants to say, in addition to that, that comvany shall be laid as shallleastob:;, truct the free passage Of Vehicles and the Commissioners shall make such regulation- as will protect carnages over the same, and the upper surface of the rails shall be laid flush with the surface of the streets and shall conform to the grades thereof as now life and property in the District in connection with the opera­ established or as they shall, from time to time, be reestablished or altered, tion of this road, I shall not object to that; but I do not think it the same to be done at the expense of said company, and in all streets or is wise or proper to incorporate into the charter of one company parts of streets which are not paved, the rail shall be laid in such manner as shall least interfere with the public travel thereon, and as shall be author­ these police regulations which may be abolished or altered next ized and approved by the District government engineer. year or at any time. The railroad company or its agents shall be required to keep the surface Mr. ATKINSON. Thera is no power vested in anybody in of the streets inside of the rails in good order and repair, and all snow, ice, dirt a.nd :filth cleaned and removed from such portions of the streets at the this District to alter them except in the Congress of the United e~nse of said company, and in such manner as not to obstruct travel in States. any part of the street, under the penalty of $50 for each and every violation Mr. HEMPHILL. But in a number of cases we have author­ of any of the provisions of this section, to be forfeited and paid by the said company or the person or persons so violating. ized the Commissioners to make proper regulations for the run­ SEC. 7. .And be it further enacted, That it shall be the duty of the Commis­ ning of railroad trains, and if the gentleman wants to put in a sioners to notify said railroad company to lower or raise the rail or rails or provision that the Commissioners shall have the right to make their track or tracks as the case may require, in accordance with the sixth section of this act; and in case of a. failure of said railroad company to com­ such police regulations as will protect the lives and property of ply with the terms thereof within ten days after said notice, which shall be citizens, I shall not object. in writing, then it shall and may be lawful for the Commissioners to take Mr. ATKINSON. And to require that the tracks shall be so up and relay and repair said railroad track or tracks and assess and collect - the same from said neglecting company. laid as not to impede travel across the stre3ts. I think I am asking only what I have a right to ask, that this new company Mr. ATKINSON. Mr. Chairman, I offer that as an amendment, shall be placed in this respect in precisely the same position as because it is a police regulation of the city of Washington and is the other railroads now in the District. binding upon all the existing railroads. When I examined it I Mr. HEMPHILL. That is all right; but the other com,panies was surprised to find that it named the railroads-that the Bal­ do not have these regulations in their chart3rs. That matter timore and Ohio should be subject to it, that the Baltimore and ought to be left to the Commissioners. They may want to change Potomac and a couple of other roads that are named are subject or to improve upon those regulations, and if they should want to it. It requires the rails to be so laid as to least obstruct the to do that they ought to have the power. passage of vehicles, and ~hat there shall be watchmen a!ldligh~s. Mr. ATKINSON. Well, then, let them bring in a general It also requires the ra1lroad company to pave alongs1de of 1ts enactment and make the change general; but until these regu­ tra~k; but it would not affect the railroad that we are now about lations are changed or improved upon why not puh this company to permit to enter the city of Washington unless specifically on the same footing as the others? adopted. Mr. HEMPHILL. I am perfectly willing to put them on the Mr. OUTHWAITE. Where does that come from? same footing as the others; but the ~entleman knows very well Mr. ATKINSON. It was made by the old Legislative Assem­ that these police regulations are not in the charter of any other bly. It is the living law of this District to-day. The old Legis­ road that comes into the District. lative Assembly has been abolished, and there is nobody in this Mr. BUCHANAN of New Jersey. Does not the gentleman District having legislative power excepting the Congress of the from South Carolina understand that this is not a charter? UnitBd States; and we must now choose between the imposition This company is incorporated by the laws of Virginia, and this of these police regulations upon this railroad by an act of Con­ is merely a license to them to come into this District, and is not gress, or else admit it free of the regulations which are now im­ the propep place for these regulations and restrictions in the . posed upon all the other railroads in the District. body of the license? There are a couple of sections which refer to railroads gen­ Mr. HEMPHILL. I think it is better to leave it to the Com­ erally. I intended that it should only refer to this railroad. I missioners of the District to make the necessary regulations. believe they are proper municipal regulations, and should be Mr. PICKLER. Under the general power that the Commis­ imposed upon all the railroads and not omit ~me only. And sioners have, can they require that watchmen and lights shall be I want to say further to the gentleman from South Carolina provided? [Mr. HEMPHILL] that he was in error, I believe! when he stated Mr. HEMPHILL. Beyond question. that nobody crosses Water street in Georgetown. I call his at­ Mr. ATKINSON. That is just where the gentleman is in tention and the attention of the committee to the fact that there error. are many warehouses between Water street and the river, and Mr. PICKLER. That is an important question to have de­ that people must cross that street in order to get to them. t ermined. Amongst the rest is the great warehouse of the Knickerbocker The question was taken on the amendment of Mr. ATKINSON; Ice Company. Besides that, the wharves of the city are beyond and thb Chairman declared that the noes seemed to prevail. the proposed line of this railroad and people must cross the rail­ Mr. ATKINSON. I ask for a division. road in order to reach them. Georgetown, I believe, has also a The committee divided; and there were-ayes 4, noes 148. good deal of shipping, and there is a custom-house located there. Mr. ATKINSON. No quorum. I think this amendment ought to be adopted in order to facilitate Tellers were ordered; and Mr. HE.!.\'IPHILL and Mr. HOOKER the safe crossing of the railroad by persons having business at of New York were appointed. the warehouses and by those who are engaged in shipping or The committee ag-ain divided; and the tellers reported-ayes receiving cargoes by the river. 4, noes 166. Mr. HEMPHILL. The gentleman has cited a part of my re­ So the amendment was rejected. mark, but not the whole of it. I said there were no hom:es there The Clerk began to rea,a,section 4. less than 100 years old. Mr. BERGEN. I desire to offer an amendment. 458 CONGRESSIONAL RECORD-HOUSE. JANUARY 9,

Mr. COGSWELL. I make the point that the consiaerationof lumbia to cross the said right of way in the District of Columbia., wherever necessary, in the construction of anypubllc sewer, water main, or other con­ section 3 had been concluded, and the Clerk had entered upon struction necessary for the public safety, comfort, or he:Uth." the reading of section 4. It is therefore too late for the gentle­ man to offer any further amendment. The question being taken; there were on adivision (demanded The CHAffiMAN. But if the gentleman from New Jersey by Mr. BERGEN)-ayes 143, noes 4. claims that he was on his feet desiring to offer the amendment Mr. BERGEN. No quorum. at the time the Clerk began to read the next section, the Chair Tellers were ordered; and Mr. BERGEN and. Mr. HEMPHILL will recognize him, were appointed. Mr. BERGEN. I rose in my place for that purpose as soon as Mr. HEMPHILL. I rise to a parliamentary inquiry. Can I the Chair announced the vote by tellers on the last amendment. not withdraw this amendment? The CHAIRMAN. The Clerk will report the amendmen_t sent The"CHAIRMAN. Thegentlemanhas arighttowithdrawit. Mr. HEM:PIDLL. Then I withdraw it. to the desk by the gentleman from New Jersey [Mr. BERGE!~]. The Clerk read a9 follows: The CHAIRMAN. The gentleman from South Carolina. [Mr. HEMPHILL] withdraws the amendment. Add the following : "And provided further, At all crossings of street& said railroad shall be un· The Clerk began to read section 5. dersame." Mr. BERGEN (interrupting the re.ad.ing}. Mr. Chairman, l Mr. OUTHWAITE. I make a point of order on this amend­ make the point that the gentleman from South Carolina cer­ ment. Idonotknow exactly what it means; but I think it means tainly can not withdraw the amend.me.nt while the House is di­ just what we have voted on once or twice to-day in regard to viding. [Cries of "Too late!"] grade crossings. Tile CHAIRMAN. A getleman has a right to withdraw any Mr. BUCHANAN of New Jersey. This is a differentproposi­ proposition before a vote is taken. tion. Mr. BERGEN. Then I reoffer the amendment. [Cries of Mr .. OUTHWAITE. I simply wanted to be in time with the " Too late !"] point of order. I am willing to hear the explanation of the gen­ The CHAIRMAN. The gentleman will send up the amend­ tleman who offers the amendment. ment. Mr. BERGEN. What is the point of order? Mr. COGSWELL. I will call the attention of the Chair to the Mr. OUTHWAITE. That we have vote-d down the proposi­ ruling he has already made on this point. The gentleman from tions that the crossings of the railroad should. be under the street New Jersey [Mr. BERGEN] certainly did not intend to offer this or over the street. amendment when the Clerk commenced the reading ot section 5. Mr. BERGEN. This: is a different proposition. Mr. HEMPHILL. The g-entleman is certainly too late. Mr. OUTHWAITE. No, it is not. Mr. BERGEN. I am not too late. The CHAIRMAN. T-ie Chair is unable to hear the discussion The CHAIRMAN.. The point of order submitted by the gen­ between gentlemtiD.. tlelllan from Massachusetts [Mr. COGSWELL] is sustained.. The Mr. HEMPHILL. · The point is that the proposition submitted Clerk ha-d entered upon the read.ing of the next section. by the gentlemanfrom NewJersey [Mr. BERGEN] hasbeenacted The Clerk resumed. the reading of section 5. upon already by the House and voted down. The amendment Mr. BUCHANANofNew Jersey (interrupting the reading). I proposes to require that the road shall cross under the street. give notice now that I propose to offer an amendment to the That has been voted down. section which the Clerk is now readin_g-, and I want time to do it. The CHAffiMAN. The recollection of the Chair is not dis­ The CHAIRMAN. That-will be in m·aer. tinct upon the question. Will the gentleman refer the Chair to The Clerk concluded the read.ing of section 5, which is as fol­ the proposition he has in view? lows: SEc. 5. That the said railroad company shall have power and authority to . Mr. BUCHANAN of New Jersey. I offered the other propo­ borrow money and issue and sell its bonds from time to time for such sums sition; that said "over or under." as its board of directors may deem expedient and proper for the purposes The CHAffiMAN. That is the recollection of the Chair. of the company. the aggregate amount thereof not to exceed the coat of rights The Chair is of opinion that this- amendment is in order. of way and construction, and may secure the payment of its bonds by mort· gages or deeds of trust upon all or any portion. o:f its: property, real or per. The question being taken; there were on a division (demanded sonal, its con.trapts, privileges, and franchises. acquired under this act. by Mr.-BERGEN)-ayes7, noes 137. Mr. BUCHANAN of New Jersey. Mr. Chairman, I move to Mr. BERGEN. No quorum. strike out the last word and for the purpose of having this sec­ Tellers were ordered; and Mr. BERGEN and Mr .. HEMPHILL tion explained. were appointed. I want to say to the House that this is not a charter. This The committee again divided; and the tellers reported-ayes I corporation is already chartered by the Legislature of the State 6, noes 161. of Virginia. This is a license for the corporation to come into So the amendment was. rejected. the District of Columbia and to occupy certain territory belong­ :' .- Mr. BERGEN. I desire to offer a further amendment, which ing to the Government here. I find interjected into the license I sena to the desk. an express authority by Congress to this corporation of the State The Clerk read as follows.: of Virginia to issue an unlimited number of bonds upon all or And provided fttrther, On crossing the street approaching Aqueduct any of its property, for any purpose and without any limitation bridge said railroad shall not be at grade but below the grade of said street. whate-ver as to the amount of capital stock which shall be paid Mr. BERGEN. I think gentlemen will not object to that. in before the bonds are issued or anything else. Mr. HEMPHILL. I have no objection to it. Mr. MEREDITH. Not to exceed the cost of its property. The question being taken, the amendment was rejected. Mr. BUCHANAN of New Jersey. Ah, not to exceed the cost The Clerk proceeded to read section 4., as. follows: of its property.; but wherever that property may be, remember. SEa. 4. That if the corporation can not agree with the owner for the pur· In my judgment, no shrewder d.evice was ever penned by the chase of the land that may be required for its right of way, for the consiruc­ hand of a. keen lawyer than this section 5; and this Congress by tion. enlargement, or repair of its workS, and for its stations and depot tacllities, the right of condemnation hereinbefore provided for shall be ex­ this pro-vision puts itself in the position of authorizing a corpo­ ercised pursuant to the provision of chapter 18 o! the Re-vised Statutes of ration in a State to issue an unlimited number of bonds, inde­ the District of Columbia, relating to railroad companies, so far as- the same pendent of any restriction which may be in the charter obtained may be applicable thereto. from the State. "' Mr. BERGIN. I desire to ask a division on the amendment Mr. OUTHWAITE. You do not mean to say that this would last voted on. have the effect of changing the charter obtained from the State. Several MEMBERS. Too late! Mr. BUCHANAN of New Jersey. I mean that in so far as Mr. BERGEN. Mr. Chairman, was my amendment lost? the. voice of Congress is concerned it would have precisely that The CHAIRMAN. It was. The Chair so announced, and the effect. Clerk has read the next section. . . Mr. OUTHWAITE. In other words, you answer my question Mr. BERGEN. Why, sir, the chairman of the committee [Mr. no, or you mean to answer no? HEMPHILL] consented to the amendment. Mr. BUCHANAN of New Jersey. No, I do not mean to answer The CHAIRMAN. But the committee rejected it. no. I say il the company wants the simple privilege of issuing The amendment reported by the committee to section 4- was bonds limited to the property it may acquire here, let it say so. read,as follows: · But it does not; and I am surprised that the keen minds of that Add to the section the following: committee did not in some way draft some pr_ovision which would "Provided, That the said company, its successors and assigns, shall, in se­ limit the operation of this section. The words, "acquired und3r curing the right of way through private property within the District of Co­ lmn.bia, stipulate that the District of Columbia:shall have the right, without this act" only limit the words in that sentence. The.y do not charge of any k:ind to cross the said right of way with any public sewer, limit the amount of bonds. water· main, cond mt,1 or other undert;round construction laid or proposed to Mr. MEREDITH. Will tha gentleman allow me to ask him be laid;!or the public safety, comfort, or health; and the said company, its suc­ cessors and assigns, shall at all times, freely and without charge or hindrance a question? ot any kind, permit the legally constituted authorities or the District or Co- Mr. BUCHANAN of New Jersey. Certainly. :

1893. CONGRESSIONAL RECORD-HOUSE. 459

Mr. MEHEDITH. What right qould Congress give them to The Clerk read as follows: borrow money on l?roperty owned and acquired in the State of On page 6, line 5, after the word "exceed," insert the words " one-half." Virginia, from wh10h they receive their charter? _Mr. BUCHANAN of New Jersey-. Now, Mr. Chairman, the Mr. BUCHANAN of New Jersey. So farasanactofCongress effect of that will be to allow these people to bond their property is concerned wegive them every right which Congress has any here to the extent of one-half, and that is enough. If this House, powerto give. with its boasted antimonopolistic tendencies, wants an oppor­ Mr. MEREDITH. But Congress has no power to do that. tunity to fight monopoly and to vote in the interest of the peo­ Mr. BUCHANAN of New JerBey. What may be ourpower is ple, here it is. I offer it to you free of charge. another matter. But we do say in this provision to this corpora­ A MEMBER. We are fighting monopoly by this bill. tion, "lBsue your bonds on all your property, and you may have The question being taken on the amendment offered by Mr. printed on the bonds, if you desira., the words, 'Issu~d by ~he BUCHAN AN of New Jersey, the Chairman announced that the authority of the Congress of the Umted States.'" ThlS section noes seemed to have it. goes that far. Now if they do not want that power- I move to Mr. BUCHANAN of New Jersey. Even the People's party If strike it out. they want a limited power let them offer a sub­ vote against this amendment. I demand a division~ stitute to limit it. The committee divided; and there were-ayes 33, noes 136. I have not offered or attempted to offer here amendments this So the amendment was rejected. afternoon for the purpose of delay. My amendments have been Mr. WILLIAJ\1A. STONE. Mr. Chairman, I wish to offer offered in good faith and to perfect the bill, and I offer this mo­ an amendment. tion now to strike out this section because I believe it is most The CHAIRMAN. The gentleman from New Jersey [Mr. pernicious. I believe it to be the most far-reaching inits effects BUCHANAN] has a motion to strike out pending. of any leo-islation that has been enacted here; and that it goes Mr. BUCHANAN of New Jersey. I will withdraw that. I far beyond what was intended by anybody except the author of have done my duty in calling a_ttention to this enormous grant the provision itself. of power. I ask the Clerk to read this section carefully and slowly in or- The CHAIRMAN. The Clerk will report the amendment der that the House may see just what it proposes. offered by the gentleman from Pennsylvania [Mr. WILLIAM A. The CHAIRMAN. The Clerk will read the section. STONE). Section 5 was again read. The Clerk read as follows: Mr. BUCHANAN of New .Tersey. Now it will be observed In line 2, section 5, "(?age 6, strike out the word ''bonds-'' aud insert the words­ that the bonds can be issued in any amount that the board of "capital stock," and strike out an of the clause of section 5; after the word directors may deem expedient and proper, and cover ~o~ only "construction," in line 6. the real and personal property h ere, but contracts, pnvileges, The CHAIRMAN. The question is on theamendmentoffered and charters anywhere existing-in this company. In this license by the gentleman from Pennsylvania [Mr. WILLIAM A. STONE]. to enter the territory belonging exclusively to the United States The question being taken, the Chairman announeed tha-t the Government to this corporation we give a power so far-reaching noes seemed to have it. as that. If this House shall pass the bill with this provision in, it On a division (demanded by Mr. WILLIAM A. STONE), there will be doing a thing which will far exceed anything ever en­ were-ayes 8, noes 162. acted in the line of "centralization." So the amendment was rejected. Mr. HEMPHILL. If the gentlemen of the committee will The Clerk began the reading of the sixth section. look at the bill they will find that it provides that this company Mr. JOSEPH D. TAYLOR. Mr. Chairman, I ask to offer a -· may- substitute for the fifth section, which I wish the Clerk to r ead. issue and sell its bonds from time to time for such sums as its board of di­ Mr. MEREDITH. I raise the point of order that the Clerk rectors may deem expedient and proper for the purposes of the company, the aggregate amount thereof not to exceed the cost of rights of way and has commenced to read the next section. construction. The CHAIRMAN. But the gentleman rose in his seat1 and the Chair saw that he was endeavoring to attract the attention It can not go beyond that. of the Chair when the Clerk began to read. The Clerk will re­ Mr. BUCHANAN of New Jersey. Butitprovides-"andmay port the substitute offered by the gentleman from Ohio [Mr. secure"-- I JOSEPH D. TAYLOR]. . Mr. HEMPHILL (interrupting). will read it: The Clerk read as follows: And may ~cure the payment of its bonds by mortgages or deeds of trust Amend by substituting for section 5 the following: upon all or any portion of its property, real or personal, its contracts, privi­ '·That the said railroad company shall have power to mortgage a.ny prop­ leges, and franchises acquired under this act. erty it m:J.Y acquire within the District of Columbia to secure any indebted­ There can not be a particle of property mortgaged that is not ness authorized by the chart-er of the company." acquired by this act. Mr. JOSEPH. D. TAYLOR. I offer that as a substitute for But in order to satisfy the gentleman I propose to insert, after the entire section. I think it will obviate the difficulty which the word "property," the words "within the District of Colum­ the gentleman from New Jersey [Mr. BUCHANAN] finds in the bia." That will make it perfectly clear. It means property we fifth section, and I do not think that the friends of the mea&ure are legislating with reference to; and so I offer that amendment. wil}. have any objection to it. The CHAIRMAN. The Clerk will report the amendment. Mr. HEMPHILL. I would like to have that read again. Mr. HENDERSON of Iowa. That will bring us all together. The CHAIRMAN. The Clerk will again report the substi- The Clerk read as follows: tute. In line 8 of section 5, after the word "property," insert the words "in the The Clerk again reported the amendment. District of Columbia,"- Mr. HEMPHILL. · I have no objection to that. So as to read- Several MEMBERS. Oh, let us vote it down. Upon all or any portion of its property in the District of Columbia, real Mr. HEMPHILL. Very well; we will take a vote on that. or personal, its contracts, etc. The amendment of Mr. JOSEPH D. TAYLOR was rejected. · Mr. BUCHANAN of New Jersey. Now, Mr. Chairman, that The Clerk read as follows: is better, but it does not go fa.r eLough. SEC. 6. That the construction of the extension of the road hereby author­ ized s-ha.ll begin within two years after the approval of this a<'t and be com­ Mr. HEMPHILL. What is the objection to that? pleted within three year.;; from said date. -. Mr. BUCHANAN of New Jersey. My objection is just this, The following amendment was recommended by the committee: that it allows this company to bond every dollar of property In line~ strikeout '·two years" and insert "oney~ar;" and in line 3strike that it acquires here in this District. out •· three" and insert" two .. , Mr. LIVINGSTON. It can do that anyhow. The amendment was agreed to. · Mr. BUCHANAN of New Jersey. It ought not to do it: It is Mr. ATKINSON. I offer the amendment which I send to the the curse of to-day that corporations issue their capital stock and desk. then bond their property for more than it is worth. The amount The Clerk read as follows: is at the discretion of the directors. ' In~rt at the-e1;1d of section 6 the following: Mr. LIVINGSTON. You can not prevent it. ·'And unless it is completed within two years- from said date then. this act J\ir. BUCHANAN of New Jersey. You can not if you vote and all the rights and privileges thereby granted shallceaseanddeterm.ine." this way, of course; but now is the time to prevent it. The question was taken on the adoption of the amendment, and Mr. HEMPHILL~ This is limited to the cost of the property. the Chairman announced that the "noes " seemed to have it. Mr. LIVINGSTON. Can not a man mortgage his property if Mr. ATKINSON. Division. he wishes to? The committee divided: and there were-ayes 10, noes 136. The amendment of Mr. HEMPHILL was agreed to. Mr. ATKINSON. No quorum, Mr. Chairman. ~fr.BUCHANANofNewJersey. Now, Ioffet

.· 460 CONGRESSIONAL RECORD-liOUSE. J .A.NUARY 9, ·

Mr. HEMPHILL. Mr. Chairman, inasmuchasthegentleman BILLS, MEMORIALS, AND RESOLUTIONS. from Pennsylvania can not easily get on his feet, I ask that he Under clause 3 of Rule XXII, bills and resolutions of the fol­ consent to withdraw the point of no quorum and have a vote lowing titles were introduced and severally referred as follows: upon the bill. By Mr. DAVIS: A bill (H. R. 10093) to fix the dates for the Mr. ATKINSON. Not just now. convening of the regular sessions of the Congress of the United Mr. HEMPHILL. Possibly we could postpone it a few min­ States-to the Committee on Election of President and Vice­ utes. President and Representatives in Congress. Mr. HENDERSON of Iowa. Possibly you can make the ar­ By Mr. WALKER: A bill (H. R.100\f!} to secure to the people rangement later. the advantages accruing from the issue of circulating promissory Mr. ATKINSON. I ask the Chair to substitute the gentle­ notes by banks, to increase the volume of such notes, and to man from New Jersey [Mr. BERGEN] for myself. supervise and control banks by officers of the United States-to The CHAIRMAN. The Chair will appoint the gentleman the Committee on Banking and Currency. from New Jersey [Mr. BERGEN] as teller in conjunction with the By Mr. TERRY: A bill (H. R.10095) authorizing the construc­ gentleman from South Carolina [Mr. HEMPHILL]. tion of a free bridge across the Arkansas River connecting Little The committee again divided; and tellers reported-ayes 6, Rock and Argenta-to the Committee on Interstate and Foreign noes 156. . Commerce. Mr. BOUTELLE. And with those present, but not votmg, By Mr. LODGE: A bill (H. R.10096) to provide suitable med­ would make a quorum. als for the survivors of the officers and crew of the United States The CHAIRMAN. On this question the ayes are 6, the noes sloop-of-war Cumberland-to the Committee on Naval Affairs. 156, and the amendment is disagreed to. By Mr. BAILEY (by request}: A bill (H. R.10097)for the pro­ Mr. HEMPHILL. I Il}OVe that the committee do now rise. tection of game in the Indian Territory-to the Committee on Mr. ATKINSON. I make the point that no quorum has the Territories. voted. . By Mr. ABBOTT: A bill (H. R.10098) to authorize the con­ Mr. HEMPHILL. I think the gentleman is a little late on struction of deep-water channels across the shallow waters of that. He has plenty other amendments. Galveston Bay from Bolivar Point and Galveston Island to the Mr. ATKINSON. I made the point of no quorum. . deep-water channels now being improved by the Government of The CHAIRMAN. Did the gentleman from Pennsylvama the United States-to the Committee on Rivers and Harbors. rise for that purpose? By Mr. WATSON: A bill (H. R. 10099) to create the offica of Mr. ATKINSON. I certainly did, as quickly as the remark national inspector of cotton and grain, to provide for the issu­ fell from the lips of the Chairman. ance of certificates of deposit, for the issuance of post-office Mr. BLOUNT. I wish to know if the motion of the gentle­ money orders thereon, to provide for the payment_and repay­ man from South Carolina is not·in order at this time? ment of such orders, and for other purposes-to the Committee on '~ The CHAIRMAN. The announcement of the result was made Ways and Means. before the Chair recognized the gentleman from Pennsylvania By Mr. SPERRY: A bill (H. R.10100} in relation to special-re­ as rising. quest stamped envelopes-to the Committee on the Post-Office and Mr. HEMPHILL. I made my motion, and the gentleman rose Post-Roads. and said nothing at all. By Mr. McRAE : A bill (H. R. 10101) to protect public forest Mr. WILLIAM A. STONE. I think the gentleman from reservations-to the Committee on the Public Lands. Pennsylvania ought to be allowed some privilege on account of By Mr. BYNUM: A resolution directing the United States his disability, and the difficulty with which he can get on his Civil Service Commission to furnish the House the names, etc., feet. of all appointees of the Government reinstated in the classified The CHAIRMAN. The Chair will a-ccept the statement of service under departmental (10) since March 4, 1889-to the Com­ the gentleman from Pennsylvania, that he rose to make the mittee on Reform in the Civil Service. point of no quorum; and the point of no quorum is pending. The By Mr. SPRINGER: A resolution requesting the Postmaster­ question now is on themotionof thegentlemanfromSouthCaro­ General to furnish certain information relating to appointments lina that the committee rise. of clerks in the Post-Office Department and Railway Mail Serv­ The motion was agreed to. ice, and other information relative to extending the civil-serv­ The committee accordingly rose; and the Speaker having re­ ice law-to the Committee on the Post-Office and Post-Roads. sumed the chair, Mr. DOCKERY, Chairman of the Committee of the Whole House on the state of the Union, reported that that committee had had under consideration the bill (H. R. 3591 ), and PRIVATE BILLS, ETC. had come to no resolution thereon. Under clause 1 of Rule XXII, private bills of the following Mr HEMPHILL. I move that the House do now take a re­ titles were presented and referred as indicated below: cess ~ntil 5 minutes of 12 o'clock to-morrow morning. By Mr. BUCHANAN of New Jersey: A bill (H. R. 10102} to The motion was agreed to. _ extend letters-patent No. 183716 for improvements in water Accordingly (at 5 o'clock and 20 minutes p.m.) the House was closets, granted October 24, 1876, to William Smith-to the Com­ declared in recess. " mittee on Patents; By Mr. BELTZHOOVER (by request): A bill (H.R.l0103)for the relief of John Spicer-to the Committee on War Claims. REPORTS OF COMMITTEES. Also, a bill (H. R.10104} for the relief of Samuel R. MacLean­ to the Committee on War Claims. Under clause 2 of Rule XIII, private bills and resolutions were By Mr. COX of Tennessee: A bill (H. R.10105} for the relief severally reported from committees, delivered to the Clerk, and of Andrew B. Phillips-to the Committee on War Claims. referred to the Committee of the Whole House, as follows: By Mr. CATCHINGS: A bill (H. R . 10106) for the relief of By Mr. SCUL~, from the Com~ittee o~ Pensions: T~e bill (S. JosephS. Acuff, of Warren County, Miss.-to the Committee on 520) granting an mcrease of pensiOn to OhverP. Goodwm. (Re­ War Claims. port No. 2209.) Also, a bill (H. R. 10107) for the relief of the estate of Joel By Mr. PATTON, from the Committee on Military Affairs: Hullum, deceased, late of Warren County, Miss.-to the Com­ The bill (S. 2332) for the relief of Frederick Gramm. (Report No. mittee on War Claims. 2211.) Also, a bill (H. R.10108} for the relief of the estate of Joseph Also, ·the bill (S. 1131) for the relief of Adolph Loschmidt. Butler, deceased, late of Warren County, Miss.-to the Commit­ (Report No. 2212.) tee on War Claims. By Mr. STONE of Kentucky, from the Committee on War By Mr. HENDERSON of Illinois:· A bill (H. R. 10109) to grant - . Claims: The bill (H. R.10060) for the relief of Augustus P. Green. an honorable dischargeto George Penington, alias James Smi­ (Report No. 2213.) ley-to the Committee on Military Affairs. By Mr. PARRETT, from the Committee on Pensions: The bill By Mr. LODGE: A bill (H. R. 10110} to increase the pension {S. 762) granting a pension to Elise Alden McCawley. {Report of Emeline M. Stoddard-to the Committee on Pensions. No. 2214.) Also, a bill (H. R. 10111) for the relief of John B. Leach-to the Committee on Invalid Pensions. CHANGE OF REFERENCE. By Mr. PEEL: A bill (H. R.10112) to grant a pension to Char­ lotte Evans as widow of C. C. Roark, deceased-to the Committee Under clause 2 ~f Rule XXII, the Committee on Military Affairs on Invalid Pensions. was discharged from the consideration of the bill (H. R. 4794) By Mr. PICKLER: A bill (H. R.10113) for the relief of John H. for the removal of the charge of desertion from the record of John Moiby-to the Committee on Military Affairs. Cassidy, and thecsame was referred t.o the Committee on Naval Also, a bill (H. R.10114) for the relief of John Cook-to the Affairs. Committee on Military Affairs. ·

;r • ' 1893. CONGRESSIONAL REOORD-HOUSE. 461

PETITIONS, ETC. By Mr. FUNSTON: Two petitions of Presbyterian Congrega­ tions of Kansas, one M New Salem and the other of Humboldt, Under clause 1 of Rule XXII, the following petitions and papers both in favor of closing the World's Fair on Sunday-to theSe­ were laid on the Clerk's desk and referred as follows: lect Commitee on the Columbian Exposition. By Mr. ANDREW: Petition of 0. F. Frothingham, Alexander By Mr. HARRIES: Petition of Franklin Staples and 10 other Whiteside, James Means, Arthur G. Walton, S. Parkman Blake, members of the medical profession, asking Congress to make an Edwjn Simmons, Edward Pelham Dodd, and 30 other members appropriation to assist in defraying expenses of the Pan-Ameri­ of the St. Botolph Club, of Boston,forthe passageo~ somem~as­ can Medical Congress, to be held in Washington, D. C., from ure repealing the present law for the purchase of silver bulhon September 5 to 8, 1893-to the Committee on Appropriations. bv the Treasury of the United States-to the Committee on By Mr. HENDERSON of Illinois: Petition of George Penning­ c·oinage, Weights, and Measures. ton, alias James Smiley, late a member of company C, One hun­ By Mr. BELK~AP: Petition of .th.e Central .Labor .Union of dred and thirteenth Ohio Infantry Volunteers, for an honorable Grand Rapids, Mwh., for the res?-ICt~on of foreign e~Igr!-Lnts­ discharge-to the Committee on Military Affairs. to tbe Select Committee on Imm1grat10n and Naturallzatwn. By Mr. HENDERSON of Iowa: Paper from Mr. A. R. Johnson, By Mr. BELTZHOOVER: Resolutions of the First Baptist of Hopkinton, Iowa, in opposition to the opening of the World's Church of York, Pa., against opening the World's Fair on Sun­ Fair on the Sabbath-to the Select Committee on the Columbian day-to the Select Committee on the Columbian Exposition. Exposition. I. • By Mr. BRECKINRIDGE of Arkansas: Petition .of Thomas By Mr. HERMANN: Protest of the Columbian Harbor, No. 2, Harding, for th~ ~emoval ~f the charge of desertwn-to the of Astoria, Oregon, against the admission of aliens as officers of Committee on Military Affairs. American vessels without compliance with requirements of ex­ Also, petition of Lorenzo D. ~ilbreath, wit)l evid~nce, pray­ isting law-to the Committee on Interstate and Foreign Com­ ing for a pension-to the Committee on Invahd Penswns. merce. By Mr. BROSIUS: Three petitions of churches of Pennsylva­ Also, resolutiolld of Salem Grange, Patrons of Husbandry, ask­ nia as follows: One of the Second Street Lutheran of Columbia; ing for the passage of the pure-food bill-to the Committee on the' second of the Leacock Presbyterian of Paradise, and the Agriculture. third of the Presbyterian Church of Colerain, all against open­ By Mr. HOOKER of New York: Petition of Phelps & Sibley ing the World's Fair on Sunday-to the Select Committee on and others, favoring 1 cent per ounce letter postage-to the com­ the Columbian Exposition. mittee on the Post-Office and Post-Roads. Also, petition of the Lancas~r. County and City Medical So­ By Mr. HOUK of Ohio: Memorial of Mrs. H. A. Hunter and ciety, in favor of an appropr1at10n to. defray expenses. of. the 36 others, against opening the World's Fair on Sunday-to the Pan-American Congress-to the Committee on Appropri.atwns. Select Committee on the Columbian Expostion. Also, petit~on of the Presby~rian Church of Columbia, Pa., By Mr. KRIBBS: Petition of the Presbyterian Church ,of against opemng the yYor~d's'Fa~r.on Sunday-to the Select Com­ Edenburg, Pa., against receding from the action taken inclosing mittee on the Columbian Expos1t10n. the World's Fair on Sunday-to the Select Committee on the By Mr. BUCHANAN of New Jersey:. Petition of th~ Fifth Columbian Exposition. Presbyterian Church of Trenton, N.J., m favor of closmg the By Mr. LODGE: Petition of 3,967 citizens for certain restric­ World's Fair on Sunday-to the Sel~ct Committee on the Co­ tions on immigration-to the Select Committee on Immigration lumbian Exposition. and Naturalization. · By Mr. BUSEY: Petition of. the churches of Hoopeston, TIL, By Mr. MEYER: Memorial of the board of health of Louisiana representing 2,000 people, opposing opening the World's Colum­ with reference to quarantine-to the Committee on Interstate bian Exposition on the Sabbath-to the Select Committee on the and Foreign Commerce. Columbian Exposition. . By Mr. MORSE: Petition of the Rev. J. H. Buckey and 11 Also petition of the Danv~lle (ill.) Branch of the Nord Ameri­ other ministers of the gospel, of Brockton, Mass., and vicinity, in canisher Turnbund, protestmg agamst the passage of any law behalf of the churches which they represent, praying that Con­ restricting or suspending immigration-to the Select Committee gress will not repeal the law requiring the World's Columbian on Immigration and Naturalization. Exposition to be closed on Sunday-to the Select-Committee on Also, petit~on of J. I. Lawson and ~40 other~ .of Kansas, Ill., the Columbian Exposition. against openmo- the World's Columbian Expos1 twn on the Sab­ Also, petition of the Boston Chamber of Commerce, requesting bath-to the Select Committee on the Columbian Exposition. that no obstructions be permitted to be placed upon the advan­ Also petition of F. H. Gray and other citizens of Homer, Ill., tag-es now enjoyed by the Canadian railways in their opera~ions to restore Andrew Larawill to the pension roll-to the Com·· between Canadian points and New England-to the Committee mi ttee on Invalid Pension.."!. on Interstate and Foreig-n Commerce. By Mr. BUSHNELL: Petition of the Congregational Con­ Also, petition of the Boston Chamber of Commerce asking for vention of Wisconsin, that Congress forbid the sale of alcoholic the immediate repeal of silver purchase act of 1890-to the Com­ drinks on the World's Fair grounds-to the Select Committee mittee on Coinage, Weights, and Measures. on the Columbian Exposition. Also, petition of the Boston Merchants' Association, asking for Also resolutions of the Milwaukee (Wis.) Chamber of Com­ the passage of the Torrey bankruptcy bill-to the Committee on merce,' in favor of the repeal or suspension of the Sherman silver the Judiciary. law requiring the purchase of 4,500, 000 ounces of silver annually­ By Mr.-OUTHWAITE: Resolutions of the Board of Trade of to the Committee on Coinage, Weights, and Measures. Columbus, Ohio, urging legislation for national control of quar­ By Mr. CADMUS: Petition of H. C. Deland and 173 business antine-to the Select Committee on Immigration and Natural­ men of Bergen County, N. J., in favor of the repeal of the act ization. authorizing the purchase of silver bullion-to the Committee on By Mr. O'NEILL of Pennsylvania: Petition of the members Banking and Currency. of the Thirteenth street Methodist Episcopal Church of Phila­ By Mr. CATCHINGS: Petition of G. M. Barber, of Warren delphia ao-ainst opening the Columbian Exposition. on the Sab­ County, Miss., for reference of his claim to the Court of Claims bath day~to the Select Committee on the Columbian Exposition. for a rehearing under the act of March 3, 1883-to the Com­ Also, communication of a committee of the Philadelphia Con­ mittee on War Claims. ference of Baptist ministers, presenting reasons why the pro­ By Mr. CHIPMAN: Petition of Jacob N. Hamburge, for the vi ions of the act closing the World's Columbian Fair on the correction of his military record-to the Committee on Military Sabbath day should not be repealed-to the Select Committee on Affairs. · the Columbian Exposition. By Mr. COCKRAN: Petition of resident citizens of New York, By Mr. OWENS: Petition of citizens of Urichsville, Ohio, praying for the repeal of the Sherman silver act-to the Com­ asking that the World's Fair be closed on Sunday-to the Select mittee on Coinage, Weights, and Measures. Committee on the Columbian Exposition. By Mr. COBB of Missouri: Petition of the North American By Mr. OTIS: Petition of the Presbyterian Association of New Turnerbund of St. Louis, Mo., protesting against the suspension Salem, Kans., in favor of closing the World's Fair on Sunday of immigration-to the Select Committee on Immigration and and against the sale of intoxicating liquors upon the ground­ Naturalization. to the-Select Committee on the Columbian Exposition. By Mr. CUM·MINGS: Petition of George W. Cranmer and By Mr. OBLIGER: TwoprotestsofcitizensofOhio; one, mem­ others of New York, for the erection of a monument to the mem­ bers of Medina County Christian Endeavor Union, and th~ other ory of John Paul Jones-to the Committee on the Library. of ministers of Seville; both against the repeal of law closmg the By Mr. DINGLEY: Petition of the Wo~an's Christian Tem­ Columbian Exposition on Sunday-to the Select Committee on perance Union of the District of Columbia, that the law for clos­ the Columbian Exposition. IDg the Columbian Exposition on the day commonly known as By Mr. PEEL: Petition of citizens of Van Buren, Ark., for Sunday stand as passed-to the Select Committee on the Colum­ the benefit of steamboat owners, licensed officers, and the trav­ bian Exposition. eling public, in the inter~st of preserving the purity of th6

I 462 CONGRESSIONAL RECORD-SENATE. JANUARY 10,

service in its personnel below the office of the supervising inspec­ tion from the Chief of Engineers, transmitting, in response to a tor, no one shall be removed except for •incompetency, ineffi­ resolution of the Senate of July 22, 1892, estimates of the cost of ciency, etc.-to the Committee on Rivers and Harbors. converting Rock Creek into a closed sewer; which, with the ac­ By Mr. RAY: Petition of physicians of Madison and Che­ companying papers, was referred to the Committee on the Dis­ nango Counties, N.Y., in favor of an appropriation to defray trict of Columbia, and ordered to be printed. expenses of the Pan-American Medical Congress-to the Com­ He also laid before the Senate a communication from the Sec­ mittee on Appropriations. retary of the Interior, transmitting, in response to a resolution Also, petition of citizens of Delaware County, N.Y., against of the Senate of the 6th instant, a copy of the latest report of Dr. the opening of the World's Columbian Exposition on Sunday­ Sheldon Jackson on the introduction of domesticated reindeer in to the Select Committee on the Columbian Exposition. Alaska; which was read. By Mr. RUSSELL: Petition of the New London (Conn.) As­ Mr. TELLER. I ask thatthatcommunicationmaybeprinted sociations of Steamboat Pilots and Marine Engineers, for legis­ as a document. lation to retain management of steamers carrying the American The VICE-PRESIDENT. That order will be made in the ab­ flag of regular licensed American citizens-to the Committee on sence of objection. To what committee sha~l the communicar Interstate and Foreign Commerce. tion be referred? By Mr. SCOTT: Resolutions of the International Association Mr. COCKRELL. I suggest that it be referred to the Com­ of Machinists, Energetic Lodge No. 81, of Bloomington, Ill., ask­ mittee on Territories. inu Congress to not permit any kind of machinery used in the Mr. DAWES. I think it had better be referred to the Com­ manufacture of sugar to come into the United States at a lower mittee on Appropriations. rate of duty than other ma~hinery-to the Committee on Ways Mr. TELLER. In my opinion that would be the proper refer­ and Means. ence. By Mr. SEERLEY: Petition of Hawkeye Lodge, No. 160, in The VICE-PRESIDENT. The communication will be re­ relation to machinery coming into the United States at a lower ferred to the Committee on Appropriations if there be noobjec­ rate of duty than other machinery-to the Committee on Labor. tion. The Chair hears none, and it is so ordered. By Mr. STORER: Resolution of the Cincinnati Chamber of Commerce, for the immediate repeal of the silver-purchase act­ HOUSE BILL REFERRED. to the Committee on Coinage, Weights, and Measures. The bill (H. R. 10038) making appropriations for the expenses By Mr. EZRA B. TAYLOR: Petition of citizens of Freedom, -of the government of the District of Columbia for the fiscal year Ohio, against opening the ~orld's F~;ti~ on Sunday-to the Select ending June 30, 1894, and for other purposes, was read twice by Committee on the Columb1an Expos1t10n. its title, and referred to the Committee on Appropriations. By Mr. VINCENT A. TAYLOR: Resolutions of the Board of PETITIONS AND MEMORIALS. Trade of Cleveland, Ohio, in favor of a national quarantine-to Mr. SAWYER presented a memorial of 216 Congregational the Select Committee on Immigration and Naturalization. churches in Wisconsin, comprising 15,000 members, and a me­ By Mr. TRACEY: Four petitions of citizens of Cohoes, N.Y., morial of the Congregational Church of Hartland, Wis., remon­ as follows: Of 148 members of the Bernsen M. E. Church, of the strating against any repeal of the law closing the World's Co­ congregation of the Presbyterian Church, of 109 members of the lumbian Exposition on Sunday; which was referred to the Com­ Reformed Church, and of 141 members of the First Baptist mitee on the Quadro·Centennial (Select). Church, all opposing the sale of liquor·s at the World's Fair and Mr. WILSON presented petitions of Lynn Union, No. 446, in favor of closing the ]fair on Sunday-to theSelectCommittee Farmers' Alliance, of Hawthorne; of Algona Grange, P~.trons of on the Columbian Exposition. Husbandry, of Hobart, and of Iowa State Grange, Patrons of Also, petition of business men and citizens of Albany, N.Y., Husbandry, all in the State of Iowa, praying for the passage of praying for the discontinuance of silver purchases under act of the Washburn-Hatch antioption bill; which were ordered to lie ·. June, 1890-to the Committee on Coinage, Weights, and Meas­ on the table. ures. He also presented memorials of Le Claire Presbytery of the By Mr. TOWNSEND: Resolutions of the Denver Chamber of United Pn:sbyterian Church of Iowa, and of churches and a Commerce and Board of Trade, in reference to national control business men's committee of Elgin, Ill., remonstrating against of quarantine-to the Committee on Interstate and Foreign Com- the repeal of the act closing the WOTld's Columbian Exposition merce. · on Sunday; which were referred to the Committee on the Quadro­ By Mr. WALKER: Petition of the leading business men of Centennial (Select). Boston, Mass., against opening the World's Fair on Stmday-to He also presented the petition of the Republican Territorial the Select Committee on the Columbian Exposition. central committee of the Territory of Arizona, praying for the Also, petition of Sarah J. Wardwell, widow of Burnham Ward­ admission of Arizona into the Union as a State; which was re­ well, to accompany House bill10092, for a pension-to the Com­ ferred to the Committee on Territories. mittee on Invalid Pensions. He also presented a petition of the Business Men's Association By Mr. WIKE: Memorial of the International Association of of Davenport, Iowa, praying for the reduction of letter postage Machinists, relative to the manufacture of machinery, and to to 1 cent per ounce; which was referred to the Committee on the manufacture, etc., of sugar-to the Committee on Ways and Post-Offices and Post-Roads. Means. He also presented a petition of Iowa State Grange, Patrons of By Mr. WILLIAMS of Illinois: Six petitions of citizens of Husbandry, praying that the manufacturers of oleomargarine, illinois, as follows: Of C. E. Robinson and others, of Jefferson butterine, and like compounds be compelled to color their man­ County; of D. Akin and others, of Franklin County; of George ufactures pink; which was referred to the Committee on Agri­ E. Burnette and others, of Saline County; of Farmers of Hamil­ culture and Forestry. ton County, of citizensof Hardin County, and of citizens of Jeff­ Mr. CHANDLER. I present a petition of Local Union No.4, erson County, all relative to an existing combination between of the United Brotherhood of Carp en tars and Joiners of America, the millers, railroads, and elevators for the purpose of depress­ of St. Louis, Mo., signed by George Mearer and W. E. Douds, ing the price of wheat, and praying for a Congressional investi- committee, stating that there are to-day over 10,000 people out gation, etc.-to the Committee on Agriculture. · of employment in St. Louis alone, and praying for the suspension of immigration into .the United States. I move that the petition be referred to the Committee on Immigration, and, with the ac­ companying papers, printed as a document. SENATE. The motion was agreed to. TUESDAY, January 10, 1893. Mr. STOCKBRIDGE presented the petition of B. H. Dunning and other citizens of East Jordan, 1\lich., praying for the passage Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. of the Washburn-Hatch antioption bill and for the closing of the The Journal of yesterday's proceedings was read and approved. World's Columbian Exposition on Sunday; which was referred PRESIDENTIAL ELECTORS. to the Committee on the Quadro-Centennial (Select). Mr. FELTON presented a memorial of the American Broth­ The VICE-PRESIDENT laid before the Senate a communica­ erhood of Steamboat Pilots of San Francisco, Cal., remonstrat­ tion f1·om the Secretary of State, transmitting, in pursuance oi ing against the granting of registry or license to alien officers em­ the provisions of the act of Congress approved February 3, 188'1, ployed on American steamships; which was referred to the certified copies of the final• ascertainment of the electors for Committee on Commerce. President and Vice-President appointed in the States of Cali­ Mr. FELTON. I present a petition of the Chamber of Com­ fornia, Kentucky, and Indiana, at the elections held therein on merce of San Francisco, the Traffic Association of Calif_9rnia, the the 8th of November, 1892, as certified to him by the governors California State Board of Trade, the San Francisco Produce E~­ of those States; which was ordered to lie on the table. change, the Board of Trade of San Francisco, the Board of Trade EXECUTIVE COMMUNICATIONS. of Oakland, the Geographioal Society of the Pacific, the Califor­ The VICE-PRESIDENT laid before the Senate a. communica- nia League of Progress, and the Manufacturers' Association, re-