1896. CONGRESSIONAL RECO~D-HOUSE. ~- 2649

action by the house of which he is a member. Then the authority Mr. GRAY.- Mr. President-- of that adjudication ceases. The PRESIDING OFFICER (Mr. BACON in the chair). Doe8 Now, sir, I wish for a moment to call the ~;~.ttention of Senators the Senator: from Indiana yield to the Senator from Delaware? to the credentials of William T. Watson, one of the senators from Mr. TURPIE. Certainly. the county of Kent in the State of Delaware, and I will ask the Mr. GRA._Y. With the permission of the Senator from Indiana, Secretary at the desk to read the credentials with the signatures. I move tha.t:the Senate proceed to the consideration of executive The PRESIDING OFFICER. The Secretary will read as indi­ business. cated. The motion. was agreed to; and the Senate proceeded to the con­ The Secretary read as follows: sideration;. of executive business. After three minutes spent in STATE OF DEL.A. WARE, Kent County, ss: executive session the doors were reopened, and (at 4 o'clock and 38 Be it remembered that at the general election held on the Tuesday next minutes· p-; m.) the Senate adjourned ,until to-morrow, Wednes­ after the first Monday in November~.,..in the year of our Lord one thousand day, March 11, 1896, at 12 o'clock meridian. eight hundred and ninety-two, for Kent County, according to the constitu­ tion and laws of the State of Delaware, William T. Watson was duly chosen senator for said county in the general assembly, which is manifest by calcu­ CONFIRMATIONS. lating and ascertaining the aggregate amount of the votes ~ven for each person voted for, according to the provision made by law in this behalf. Executive nominations confirmed by the Senate March 10, 1896. - In testimony whereof we the sheriff of the said county and the inspectors POSTMASTERS. of the several hundreds and election districts of said county, who have this day met and ascertained the state of the said election throughout the said Scott W. Carney, to be postmaster at Downs, in the county of county, as the law requires, have hereunto set our hands, at the court-house Osborne-a-nd.State of Kansas. . . in said county, on Thursday, the tenth day of November, being the Thurs­ day next succeeding the day of the election: aforesaid in the year aforesaid. Georg~ R. Fitzsimmons, to be postmaster at Reading, in the Amos Cole, sheriff; J. C. StocklyI. inspector for eastern election county of Ilillsdale and State of Michigan. · district of Duck Creek Hunared; Samuel J. Reynolds, in­ "Ferris S. Fitch, to "be postmaster at Pontiac, in the county of spector forwestern election district of Duck Creek Hundred; R. E. Carsons, inspector for Little Creek Hundred; John F. Bell, Oakland and State of Michigan. · inspector for Kenton Hundred; Edward R. Knotts, inspector Robert M~ Todd, to be postmaster at Halstead, in the county of for election district No. 1 of East Dover Hundred; James A. Harvey and State of Kansas. Kerin, inspector for election district No.2 of East Dover Hun­ M. dred; Charles A. Garton, inspector for third election district Joseph Young, to be postmaster at London, in the county of of East Dover Hundred; Alfred G. Sturdevant, inspector for Laurel andState.of Kentucky. West Dover Hundred; William R. Postles inspector for east­ Martin V. B. Smith, to be postmaster at Morrison, in the county ern election district of North Murderkill Hundred; George of Whitesid_e and State of· illinois. W. Walheater, inspector for west election district of North Murderkill Hundred; Robert H. Sipple, inspector for election district No.1 of South Murderkill Hundred; George C. Mason, inspector for election district No.2 of South Murderkill ,Hun­ dred; Nathan l.l,. Raughley, inspector for election district No. .ROUSE OF REPRESENTATIVES. 1 of MispiJ.l.ion Hundi·ed, J.R.K.Miller, inspector for election district No.2 of Mispillion Hundred; Luther F. Cubbage, in­ TUESDAY, March 10, 1896. ~ector for eastern election district of Milford Hundred; Wil­ liam A. Truitt, inspector for western election district of Milford The Ho~e - met at 12 o'clock m. Prayer by the Chaplain, ·Rev. Hundi·ed. HENRY M. COUDEN. Mr. TURPIE. That certificate is accompanied bythecertificates The Journal of the proceedings· of yesterday was read and ap­ of judges, of the officers and judges, so as to make it evidence proved. under the act of Congress. I wish to offer the credentials as evi­ DEATH PENALTY. dence of the fact that Mr. William T. Watson was admitted and Mr. CURTIS of New York. Mr. Speaker, I ask unanimous sworn in as a member of the State senate upon such papers, unob­ consent for :the present consideration of the bill (H. R. 878) to jected to and not protested against. reduce the--cases in which the death penalty may be inflicted. _ I offer at the same time an extract from the journal of the State The bill.was read, as follows: senate of Delaware, which I will read in connection with this cre­ Be it entJC.ted.,_ etc., That in all cases where the accused is found guilty of dential and having direct relation to it. This is the record: the crime--of. murder or of rape under sections 5339 or 5345, Revised Htatutes, the jury may qualify their verdict by adding thereto "without capital pun­ By the returns of the officers of Kent County, appointed by law judB"es of ishment ";.and-whenever the jury shall return a verdict qualified as afore­ election, it appeared that on the Tuesday next after the first Monday m the said the perso11 convicted shall be sentenced to imprisonment at hard labor month of November last, at the several and respective places appointed by for life. law for holding the election Jn and for said county, Thomas T . Lacey was SEC. 2. That except offenses mentioned in sections 1342,1624, 5339, and 5345, duly chosen to represent the said county in the senate of the State of Dela­ Revised Statutes, when a person is convicted of any offense to which _the pun­ ware to fill out the unexpired term of the late John W. Hall terminating on ishment of .dea-th is now specifically affixed by the laws of the United States, the first Tuesday of January, A. D. one thousand eight hun(h':ed and ninety­ he shall w.sentenced to imprisonment at -hard labor for life, and when any five; and also that William T. Watson was duly chosen to represent the said person is oonvicted of an offense to which the punishment of death, or a lesser county in the senate of the State of Delaware for the ensuing term of four punishment, in the discretion of the court, is affixed, the maximum punish­ years. ment shall be imprisonment at hard labor for life. That is the record of the qualification, of the election, and the SEC. 3. That the punishment of death prescribed for any offense specified It by the statutes:. of the United States, except in sections 1342, 1624; 5:339, and return of Senator Watson in that body. is a judgment. It 53!5, Revised Statutes, is hereby abolished, and all laws and parts of laws in­ shows that he has all the functions of a State senator and that consistent with this act are hereby repealed. the term for which he was elected was four years. The election SEc. 4. That nothing herein contained shall apply to, or in any way affect~ any proceeQing or indictment now found or pending or that may be founa was held in November, 1892, and his term will expire in Novem­ for any offense eommitted_before the passage of this act, and all offenses com­ ber, 1896. He was then and is now and will continue to be a sen­ mitted before the passage of this act shall be punished under the laws then in ator from the county of Kent, in the State of Delaware, unless the force: Provided, That juries ma.y return qualified verdicts in such cases ac­ ·journal shows in some other place, on some other page, and under cording tad;ha-provisions of section 1 of this act, and the sentences shall be some other title that he has been disqualified, that his seat has imposed as-therein provi_ded. been vacated, that he has been ousted or expelled. That does not The SPEAEER. Is there objection to the present consideration depend upon our resolution. It does not depend upon any argu­ of the bill?-· · ment about the constitutional point, nor about the existence of Mr. ADA"MS. Mr. Speaker, before consent is given, I wish to any constitutional point. It depends upon whether there is upon ask a question of the gentleman. Is this to do away with capital such point-the one stated here, or the ten stated here, or any point punishmentr.under the statutes of the United States? . - . . stated here-any order, resolution, or judgment of the State senat6 Mr. CURTIS of New York. · Only in nineteen offenses. of Delaware. Mr. ADAMS. Will the gentleman explain the cases? I with- Mr. HOAR. Does not the same journal show that somebody hold my objection for an explanation. else was elected speaker pro temp01·e because this man had become Mr. SAYERS. It is understood that the objection is reserved? governor? The SPEAKER. Objection is reserved. Mr. TURPIE. It shows that some person else was elected Mr. CURTIS of New York. Mr. Speaker, the bill H. R. 878 speaker pro tempore. was reported by the Committee on the Judiciary of the House and Mr. HOAR. Because Mr. Watson had become governor? is in the sa..m.e language in which a similar bill was reported from Mr. TURPIE. No, sir; it does not say because he was governor · the Comrmttee on the J udiciai·y of the Senate in the la-st Congress. Mr. HOAR. I did not know. I only asked for information. In the Fifty-third Congress a bill was introduced defining mur­ Mr. TURPIE. This shows that somebody else was elected der in the-first and second degrees. The Committee on the Judi­ speaker pm tempore. But it is a constitutional provision that some­ ciary unanimously reported it and it passed the House of Repre­ body else shall be elected speaker pro tempore. It does not show sentatives. While pending in the Senate, the Attorney-General of any effect as to the gubernatorial function devolving upon him as the United States, Mr. Olney, was of - ~he opinion that murder speaker of the senate. There is no effect given to that in the should IWt be-defined as of the first and second degrees, and mem­ journal. That is a constitutional question. You take one ground bers of the 0ommittee on the Juniciary of the Senate were also of of it; I take the other; and I do not care which side you take nor the opin~n..thatas the practice of the Federal courts is that of the what side I take, unless there be an order or resolution of the commo~a,w-,. it was not advisable to introduce the question of State senate of Delaware in that journal upon that question, his definitioJP i]Jto the statutes, and that it was preferable to repeal seat remains unquestioned and unchallenged until November, such sections. prescribing-capital-punishment-f-or-offenses which 1896. the commi~· thought it_desirable to have abolished. ( .I

2650 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

In view of that fact, it was the unanimous sentiment of the com­ I know of no amendment of the criminal law of the United States which ":ill have so deterring an effect upon the criminal cla "e of the Indian Ter­ mittee of the Senate that the bill should be reconstructed so as to ritory as the one presented by yom· measure. These criminals are fully take out the penalty of death without changing definitions. The aware of the faarty guilty of murder, but' without capital punishment." This bill, in my adopted. JUdgment, covers the question very fully, and I tru t Vfrry earnestly you will have it passed as soon as possible. I have on the docket of this court for trial Mr. GILLETT of Massachusetts. Mr. Speaker, I think that in at the next term, commencing in April, 73 murder ca. es, where parties are fairness to the House, I ought to say just a word by way of expla­ either in jail or under bond. In many of these cases the facts will not permit nation. In the report of the committee I made inadvertently a the court to submit the question of manslaughter to the jm>y, and the only misstatement of fact, which I wish to correct. The report says question to be determined will be that of murder, which is now punishable only by death, and the severity of the penalty in many cases, where the par­ that there is but one State in which a year s residence is not now ties are undoubtedly guilty and should be punished, prevents the juries from required as a prerequisite to divorce. It should say that there is either reaching a verdict or leads them to acquit the defendant. but one State in which only three months' residence is r equired. I hone you will succeed in passing the bill at the present term, as it is very necesSa-ry to the administration ofjustice in this court. If you think it will There are also five States in which only six months' residence is be of any assistance to you, it will afford me great pleasure to write the required. I simply want to make that correction to set myself Texas delegation in Congress and urge them to lend you their help. • right before the House. [Cries of" Vote!"] I have the honor to be, very respectfully, S. TALIAFERRO, The SPEAKER. The que tion is on agreeing to the amendment. United States Attorney. The amendment was agreed to. Hon. N. M. CuRTis, The bill as amended was ordered to be engrossed for a third HOU$e of Representatives, Washington, D. a. reading; and bein_; engrossed, it was accordingly read the third In a communication addressAd to me by the same gentleman on time, and passed. the 3d day of this month, which I will read, he refers to that let­ On motion of :Mr. GILLETT of Massachusetts, a motion tore­ ter, and urges the importance of the passage of this measure in consider the vote by which the bill was passed was laid on the the following language: table. GALVESTON, TEx., Ma:rch S, 1896. JOHN FINN. Sm: I herewith inclose you a copy of the printed calendar showing crimi­ Mr. COBB of :Missouri. Mr. Speaker, I ask unanimous consent nal cases to be tried at the April term, A. D.1896, of United States circuit and for the present consideration of the bill (S. 227) to authorize the district courts at Paris, Tex. . As heretofore stated to you in my letter of December 23, 1895; in many of Auditor for the War Department to audit certam quartermaster's these cases the defendants, because of the commission of the crunes, as well vouchers alleged to belong to John Finn, of St. Louis, Mo. as for the protection of society, should undoubt-edly be punished, but after the examination of the cases I am prepared to say that in but comparatively The bill was read, as follows: few of them will the facts justify the court in submitting to the jurx the Be it enacted, etc. That the Auditor for the War Department b , and he is question of manslaughter. Therefore the only proposition which w1Il be hereby, authorized and directed to permit John Fmn of St. Louis, Mo., submitted to the jury will be, Is the defendant guilty of murdfrr? As this claimant of 371 quartermaster's voucher s, aggregating ,363.9:), more or l sol 0-ffense under the United States laws is now punishable onl¥: by death, and as to sign the receipts upon the said voucher , which said vouchers it i allegea in many of these cases there will be circumstances which will weigh upon the were presented by the said Finn to the Quartermaster-General, and are now mind of the jury to prevent the verdict of murder, I can only expect, in many :illegeO. to be in the office of the Auditor for the WarD partment; and the instances, hung juries or acquittals. I therefore write to ur~e that you will receipts so signed shall be accepted as a ufficient compliance with the laws do all in yonr power to have passed and have put in o:perat10n, prior to the and rules regulating such case.: Pl-ovided, That it shall be found, upon 6~ day of April next, the bill introduced by you entitled "A bill to reduce examination, that the said vou-chers were duly issued by the legally consti­ the cases in which the penalty of death may be inflicted." . tuted authorities and came rightfully and for value into the hands of eaid 1896. CONGRESSIONAL RECORD4HOUSE. · 2651

Finn and that they have not heretofore been audited and paid: Provided fu_?·­ illinois a-nd to-the Honse that the gentleman from Missouri [M.r. the:r That all original payees who do not present claims for parment on said in vou~hers within thirty days from the date of approval of this act shall be CoBB] was reco!mized to call up this bill the last Congress and forever barred from presenting such claim, and said John Finn shall after I stopped it, and after a careful investi1?ation I came to the con­ said thil•ty days be entitled to receive the amounts found to be due thereon clusion that the bill ought to pass, and did not object when he was upon the conditions aforesaid. recognized again to call up the bill The SPEAKER. Is there objection to the present consideration Mr. CANNON. The gentleman is familiar with it and has gone of the bill? through it? :Mr. CANNON. Let the report be read, Mr. Speaker, reserving Mr. SAYERS. Yes, sir. the right to object. Mr. CANNON. And there is no question of disloyalty in it? The report (by Mr. Cox) was read, as follows: Mr. SAYE.RS. I think not. The Committee on Claims, to whom was referred the bill (S. 227) for the Mr. CANNON. Has it been passed on by the Quartermaster- relief of John Finn, having had the same under consideration, beg leave to General and rejected? report the same with the recommendation that it pass. · Mr. COBB of Missouri No, sir; it never has been rejected. The Senate report on this bill (No. 'i9, Fifty-fourth Congress, first session) fully sets forth the facts, a,nd your committee adoiJ"t the same and make it a Mr. CANNON. It is not of that class of claims? part of this r eport. Mr. COBB of Missouri. And it has been acknowledged to be a Your committee further recommend that the bill H. R. 1281, on the same justchtim. subject, lie on the table. Mr. CANNON. And if the bill passes it would have to go to (Senate Report No. 79, Fifty-fourth Congress, first session.] the accounting officers to be certified for appropriation, or there The Committee on Claims, to whom was referred the bill (S. 227) entitled is an appropriation made available? "A bill to permit the withdrawal of certain papers and the signing of certain Mr. SAYERS. The appropriation was available in the bill that receipts by John Finn or his attorney," havrng had the same under consider- ation, beg to submit the following report: , passed last Congress, but I do not know whether it is in this. The substitute herewith recommended by your committee :rassed both Mr. COBB of Missouri. It carries no appropriation. Houses of Con~ess at the last session, but failed to reach t~e President i? The SPEAKER. Is there objection? [After a pause.] The time for his Signature, Based on repo~ts her.etofore made m favor of ~his claim, notably Senate Report No. ?9Q, Fifty-~hird Congres~ •.second sesswn, Chair hears none. your committ.ee report back the bill S. 227 wxth the folloWing amendments, The bill was ordered to a thh·d reading; and it was accordingly and with said amendments recommend its passage: read the third time, and passed. Strike out all after the enacting clause :md insert in lieu thereof the fol- lowing: . On motion of 1\Ir. COBB of Missouri, a motion to reconsider the "'rhat the Auditor for tp.e War pepartment b~, and he~ hereby, author­ vote by which the bill was passed was laid on the table. ized and directed to pernnt John Fmn, of St. LoU1S, Mo., cl:uma.nt of 371 quar­ termaster's vouchers, aggregating $6,363.!)-5, more or less, to sign the receipts W. J. KOUNTZ. upon the said vouchers, which said vouchers it is alleged were presented by the said Finn to the Quartermaster-General and are now all~ged to be in the Mr. WILLIAM A. STONE. Mr. Speaker, I ask unanimous office of the Auditor for the War Department; and thil receipts so signed consent for the present consideration of the bill (H. R. 3715) for shall be accepted as~ sufficient ~ompliance with the laws an!l r~les regulat­ inS' such cases: Promded, That It shall be found, upon exammation, that the the relief of Capt. W. J. Kountz. said vouchers were duly issuE?d by the. legalll C?~tnted authorities and The bill was read, as follows: came rightfully and for value> mto the hands o saxd Fmn,and that they have Be it enacted, etc., That the Secretary of War be, and he hereby is, author­ not heretofore 'been audited and paid: Prm'ided ju1·the:r, That all original ized and directed to release and discparge Capt. W. J. Kountz from charges payees who do :riot present claims for payment on said vouchers within thirty aggregating $22,8!5.51, resulting from a contract dated the 12th day of March, days from the d!'l-te of app:roval of ~his act shall be ~orev:er barred from.pre­ 1B78, between the said Capt. W. J. Kountz and the quartermaster's depart­ senting such claim, and said John Fmn shall after sa1d thirty day!' pe entitled ment of the United States Army at St. Paul, Minn., for the transportation of to receive the amounts found to be due thereon upon the conditiOns afore- troops and supplies on the Yellowstone River. sai~~nd the title of the bill so as to read as follows: The SPEAKER. Is there objection to the present considera­ "A bill to authorize the Auditor for the War Department .to audit certain tion of the bill? quartermaster's vouchers alleged to belong to John Finn, of St. Louis, Mo." Mr. TURNER of Georgia. Mr. Speaker, I would be glad if 1\Ir. CANNON. I have heard the report, and I am just as wise the gentleman would give some explanation, as this is quite a as I was before it was read. large claim. Mr. COBB of Missouri. Mr. Speaker, I will state to the gentle­ Mr. WILLIAM A. STONE. Mr. Speaker, this grows out of a man that this bill was up for consideration in the last Congress, contract made between the Government and Captain Kountz in and was thoroughly discussed by the gentleman from Maine [Mr. 1878. The contract required him to transport supplies for the DINGLEY] and others, and was unanimously passed. These vouch­ Army on 'the Yellowstone River~ between one point and another, ers of the quartermaster came into Mr. Finn's possession from covering a distance of 306 miles. He had his boats ready to trans­ other citizens. The vouchers were exchanged for goods, and some port the supplies; but, owing to the delay of Congress in passing of them were imperfectly transferred; and hence the quartermas­ the appropriation bill, the supplies were not ready for shipment t6r would not pay them. The matter has been thoroughly investi­ until the water had fallen in the river, in June and July, to such gated by the Department, and it has been found that the goods were an extent that he simply could not do it by river transpOTtation, furnished and that Mr. Finn is entitled to his money. and under a provision in the contract the quartermaster hired Mr. CANNON. Why were they not paid? wagons and transported the supplies by wagon, and then turned Mr. COBB of Missouri. Because there was an imperfection in around and charged the cost of that transportation up to Captain the transfer. The people who furnished these supplies to the Kountz. The C'ruartermaster himself certifies that the fault was Quartermaster's Department received the vouchers and gave them not with Captain Kountz, because he had his boats ro 1dy to trans­ to him for goods and money; and they were not all properly trans- port the supplies, and it was wholly the fault of the delay in not ferred. · getting the supplies ready until after the water went down. It is 1\!lr. CANNON. When were they issued? simply to relieve him from that chJxge that the bill is reported. :Mr. COBB of Missouri. I do not know when they were issued; This bill has been reported from the Committee on Claims in every some time during the war, or immediately after the war, when the one of the last six Congresses. It does not carry any money at all. troops were in possession of the States, or during hostilities. M1·. LOUD. I should like to ask the gentleman why the Gov­ Mr. CANNON. I see the gentleman bars the men to whom they ernment has never proceeded in this case, and what is the obje<..:t were issued unless they present their claim within thirty days. · sought to be obtained by the bill? Mr. COBB of Missouri. They will never present them. These Mr. WILLIAM A. STONE. Mr. Speaker, the report contains claims were paid for by Mr. Finn in exchange for goods, and came several extracts from reports of quartermasters and other officials, into his possession in that way. Some of them were imperfectly reciting the fact that it was wholly impossible for Captain Kountz transferred, and hence the quartermaster would not pay them. to transport these supplies by river, and it has been recognized as 1\Ir. CANNON. This comes from a committee of the House? such a hard. case that the Government has never collected the Mr. COBB of Missouri. Itcomesfrom the Committee on Claims, money. I do not know of any special reason other than that. and ha~ passed the Senate. Mr. COBB of Alabama. Why were not the goods transported Mr. CANNON. Is there a favorable report from the Committee before this'difficulty arose from the condition of the river? on Claims of the House? Mr. WILLIAM A. STONE. The Government could not buy Mr. COBB of Missouri. There is a unanimous report. the supplies until the money was appropriated for them, and Mr. CANNON. Who is the chairman of that committee? therefore could not get them ready earlier for shipment. Mr. JOY. The gentleman from Pennsylvania, Mr. MAHON. Mr. COBB of Alabama. Did theGovernmenthave to make the Mr. COBB of ~fissouri I hope the gentleman will not object. purchase? I have been through it thoroughly, and am satisfied it is a just Mr. WILLIAM A. STONE. Yes, sir. claim. :Mr. CO~B of Alabama. Then this man only transported them? Mr. CANNON. I have a great deal of confidence in the gentle­ Mr. WILLIAM A. STONE. Yes, sir. man from Missouri, and would like to accommodate him person­ Mr. L_QUD. I do not .know that I shall object at this late day ally; but it is the first time I have ever known a bill to be pa-ssed to relieving this gentleman. I had supposed that possibly he on account of.what the report did not contain. might now have become wealthy, and the Government might be Mr. COBB of Missouri. I think the report explains the matter . able to coll ct ~;this claim. But according to this Ieport this gen­ .Mr. SAYERS. Mr. Speaker, I will say to the gentleman from tleman agreed in his contract to deliver these supplies-during the I I

2652 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

months of May, June, July, and later-the great bulk of them in On motion of Mr. WILLIAM A. STONE, a motion to recon­ the month of July, at which time the river was ·-so low that he sider the last vote was laid on the table. could not make the delivery. He perhaps simply made a mistake· POST-OFFICE APPROPRIATION BILL. perhaps when he bid for the transportation of the goods he antici~ pated that the river might be high at that time. ·unfortunately Mr. LOUD. Mr. Speaker, I move that the House resolve itself the river was low. Still he knew when he took the contract that into Committee of the Whole House on the state of the Union for he must transport these five million and odd pounds during the the furthe~ consideration of the Post-Office appropriation bill. month of July and a great many pounds durinoo the months of The motwn was agreed to. August and September. That is in the gentle~an's own report. The House accordingly resolved itself into Committee of the Mr. WILLIAM A. STONE. I know that. Still.the man ought Whole, Mr. PAYNE in the chair. to be r~l~eved. Perhaps_ he was unwise intnaking ~the contract; The CHAIRMAN. The Clerk will report the pending amend­ but this 1s not the first trme that persons_have been relieved from ment. the consequences of their mistakes. The Government has not The Clerk read as follows: · suffered anything in the matter, and will not suffer. The bill has cJ:S':.~t ~ ~e 3, on page 4, after the word "rental," the words .. or pur- been reported favorably by every committee that has acted on it durin~ the last six Congresses. But the difficulty has been to The question being taken, the amendment was rejected. reach 1t on the Calendar. It does not carry an appropriation . The Clerk read as follows: . Mr. DINGLEY. While the bill does not carry any appropria­ OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL. tion, yet as a matter of fa.ct does it not impose an additional charge . Seventeenth. For Jnlan~ mail transportation, namely: Inland transporta­ of$22,000 upon the Treasury? ho~ by star routes, mcludmgtemporaryservice to newly established offices, Mr. WILLIAM A. STONE. I do not so unders.tand. $5,354,000. Mr. DINGLEY. Why not? Mr. PICKLER. I offer the amendment I send to the desk. Mr. WILLIAM A. STONE. Here is a chat·ge against this man The Clerk read as follows: of $22,000, from which this bill seeks simply to relieve him. The After line 10, page 4, add: · amount has never been collected. "Provided, That the postmasters of all newly established offices and other Mr. DINGLEY. But the Government has paid out $22 000 on offi9es supplied ~ith mail un?-er the provisions of this paragraph shall, where thell' compensation was durmg the fiscal year ending June 30 1896 less than accn my hon­ sistent and fascinating that I can not do it. [Laughter.] . esty. To be scrutinized and impugned is as much as one can bear when thousands are j~i!ly realized. . Mr. WILLIAM A. STONE. Thanks! . The additional $20 a year spoken of would be very acceptable. By adding There being no objection, the Holise proceeded to the consider­ ~ ttj!~~t amount I would get some one to assist and relieve me a portion of ation of the bill, which was ordered to be engrQS~~ed for a third 6 . Surely no reasonable gentleman who knows whereof he speaks will oppose reading; and it. was accordingly read the third ~' and passed. that. . . . . / (

1896. CONGRESSIONAL RECORD- HOUSE. 2653

I have been reading with deep interest the CONGRESSIONAL RECORD (kindly ject it should be carefully prepared, more carefully than a hasty sent me by our Representative, Mr. S. S. TURNER), and findnothinginitthat inter ests me more tharr the matter referred to except the war in Cuba.. amendment to an appropriation bill can be. Hoping you will excuse me for the liberty I have taken, I am, yours, grate­ Mr: GOOPER of Texas. In what way would the adoption of fully, this amendment increase the expense? Hon. Mr. PICKLER. Mr. DINGLEY. It wonld undoubtedly increase it. Everyone knows that. Contracts are awarded ~nder the present system to Mr. PICKLER. Now, Mr. Chairman, I hope the gentleman the lowest responsible bidder, whether residing out of the State or from California-and I think this will probably be my last appeal in the State in which the star route lies. Therefore this amendment, to him, because I am quite certain that it will be a successful one which provides that the bid of a person residing in the State must this time-I hope the gentleman from California in charge of the be accepted notwithstanding the bid of a person outside of the bill, in view of the fact that this paragraph appropriates $5.354,000 State is lower, must inevitably increase the expense. to this service, will withdraw his point of order and allow the I can see some advantages growing out of confining these con­ amendment, which will involve an expenditure of a mere bagatelle, tracts to bidders within the State where the route lies, and yet I to be adopted. It simply provides that these fourth-class post­ can see a probable great increase of expense. If there is to be masters, when they receive less than $50 a year, shall get an in­ any legislation in that direction. I should-prefer to have it care­ crease of 50 per cent on thair present compensation, which means fully considered in a bill properly considered and not legislated an addition of $25 dollars a year salary, and that those who re­ upon an appropriation bill. I do not like hurried legislation ceive between fifty and one hundred dollars shall receive $25 upon appropriation bills, and hence I insist upon the point of m)re. order. As this postmaster whose letter I have caused to be read says, Mr. COOPER of Texas. Do you not think you ought to insist the mail is opened six times a day except on Sunday, and then it upon the efficiency of the service? is opened twice a day. You can well understand the time that it Mr. DINGLEY. Let the matter be properly considered by the takes a man to attend to this work, and yet for all of this service appropriate committee and be carefully investigated in all its this man received last year only $87.57 for his services. parts, and not thrown in hastily to be adopted here after five I do not think the gentleman, and I say this in all candor, should minutes' consideration, when we can not know all the facts. object to this slight increase. It seems to me that the point of Mr. COOPER of Texas. May I inquire what existing law this order, at all events, is not well taken, because under this para­ changes? graph which provides for new offices supplied with the mail for Mr. DINGLEY. Obviously it changes existing law or the gen­ which payment is provided in this paragraph of the bill, the com­ tleman would not offer his amendment. The existing law, as the pensation of the postmasters could properly be fixed by a provi­ gentleman is very well aware, is that the contract shall be let to sion appended here. the lowest responsible bidder, whether he lives in the State or not. I hope, however, that the gentleman will not insist upon the The law is easily referred to, if the gentleman wishes to have it point of order. It will not affect this bill, because by reference to produced. The gentleman's amendment proposes to prohibit the page 12, line 15, of the bill you will find it is provided that any de­ awarding of the contract to the lowest bidder, provided he does ficiencies in the revenue of the Post-Office Department may be not live in the State where the route lies. · drawn from the Treasury. Mr. BINGHAM. If the gentleman desires the law, it is easily Now, this is a very small amount, but it touches a large number read to him. It is a very well defined law, and is as follows: of people. It simply does an act of justice, and I hope the gentle­ ADVERTISEME T OF MAIL LETTINGS. man will not insist upon the point of order. It seems to come SEC. 750. Notice of mail lettings; how given.-That before making any properly and naturally under this paragraph of the bill, and I contract for inland mail tra.nsport..

2654 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

The CHAIRMAN. The gentleman from Arkansas rose when have the chairman of the committee state whether or not this the Clerk had read the paragraph. proposition has been carried in former bills? 1\Ir. LOUD. We had passed the steamboat proviso, and were Mr. LOUD. There have been similar provisions in former ap­ about entering upon the messenger service. propriation bills. I was engaged in conversation with gentlemen The CHAIRMAN. If the gentleman insists upon the point of here and may have been derelict in noticing what was done, and order, the Chair will be obliged to sustain it. did not ask to make this change; but I will now ask that these two The Clerk read as follows: paragraphs be passed over, because they are so closely intertwined. Nineteenth. For mail-messenger service, $1,100,000. I had proposed to take one and put it into the other, and one of the items depends upon the adoption of the electric-car service. Mr. BR01tfWELL. Mr. Chairman, I offer the following amend­ - We have made a reduction in regulation screen or other wagon mep.t. service of $70,000, and if the electric-car service item be not The Clerk read as follows: adopted, we will ask to return and increase this iteiD- I there­ Amend by inserting after the word 11 dollars,,., on page 4, line li, the words, fore ask unanimous consent that paragraphs 19 and 20 be passed "and the Postmaster-General may, in his discretion, use not exceeding the over until we shall have dealt with the electric-car service item. sum of $35,000of this amount ~oz:exper:iJ?:lenting in the transportation of mail by pneumatic tube or other-similar deVIces." The CHAIRMAN. Without objection, the paragraphs will be passed over. Mr. BROMWELL. Now, Mr. Chairman, that amendment is Mr. LOUD. Mr. Chairman, I promised the gentleman from offered at the suggestion-- Arkansas [1tfr. McRAE] that I would make a brief explanation in Mr. CANNON. I reserve the point of order. relation to the item to which he proposed to offer an amendment Mr. BROMWELL. This amendment is offered at the sugges­ when I raised the point of order. I will state that while the item tion of the Second Assistant Postmaster-General. The provision for inland tram;portation for star routes appears to be less than which it is intended to insert in the nineteenth paragraph will the amount of the estimate, nevertheless we give every dollar that follow the word "dollars," in line 16, twenty-fourth paragraph, the Department asks for that pm·pose. After submitting the esti­ and in that connection, with the permission of the House, I Will mate they reduced the amount by $200,000. We took from that read a portion of a letter addressed by the Second Assistant Post­ service ~570,000, which the Department said they had been using master-General to the chairman of the committee, requesting a for regulation wagon. service, and put it into the other item, bec.ause transfer of that item from the twentieth paragraph to the nine- we thought the items should be segregated, so that in fact we teenth. . gave every dollar that they asked for. Mr. LOUD. If the gentleman will permit me, we have come The Clerk read as follows: to the proviso in the bill which I desire to transpose right at this Twentv-sixth. For railway po$-Qffice clerks, $7,639,000, of which su,m not to point. exceed iid5,000 may be used to pay necessary tra>eling expenses of chief clerks Mr. BROMWELL. I did not understand the gentleman. and railway postal clerks traveling on duty unde1· order of the Postmaster­ Mr. LOUD. The amendment I propose to offer transfers this General. proviso in the twentieth section to the nineteenth section. Mr. BROMWELL. Mr. Chairman, I offe1· the ~mendment Mr. BROMWELL. My amendment is of the same effect as the which I send to the desk. amendment of the chan·man of the committee, but it also increases The amendment was read, as follows: · the amount from $25,000, provided in line 18, in the twentieth Am.end by striking out the word "six," on line 17, page 5, and inserting the paragraph, to $35;000. It not me~ely transpose.s the SE}ntence from word "seven." the twentieth paragraph to the mneteenth, but also mcreases the Mr. BROMWELL. The effect of that amendment will be to amount to $35,000. increase the appropriation provided for in the twenty-sixth para­ Mr. LOUD. That is so. graph $100,000. I offered the amendment in accordance with the Mr. BROMWELL. And in connection with that I would like suggestion of the Second Assistant .Postmaster-General, who says: to read a portion of the letter which was .addressed by the S~cond Referring to paragraph 26, the sum recommended bythe committee for rail­ Assistant Postmaster-General to the charrman of the committee: way postal clerks is 8100,000 less than our estimate.. The estimate was based on The followin~sentence of the s_ame paragrap~, relating to pneUJI?.RtiC tube.s, the probable percentage of increase, which is less than the actual increase should, in my JUdgment, be omitted from this paragraph and mserted m thus far in the current fiscal year has proved to be. The probable annual paragraph 19- immediately after the word "dollars," so that it may be paid rate of expenditure for this class of service on the first of the next fiscal out of the mail-messenger fund rather than out of this fund; and I would sug­ year is S1 ,485 000; and even if the_ entire a~oun.t of our e. tim ate. is appropri­ gest an additional allowance of $10,000. In other words, that paragraph 19 ated, this would leave us only $254,000 for mcreased serVIce durmg the next shoUld read: fiscal year, which is a very small amount for the extension of service and ad­ "For mail-messenger service, $1,100,000; and the Postmaster-General may, ditir,n:lJ. help on lines where the mails are increasing in quantity, for the pro­ in his discretion, use not exceeding the sum of $35,000 of this amount for ex­ motion of clerks who are entitled to advancement by reason of the termi­ perimenting in the transportation of mail by pneumatic tubes or other simi­ nation of the probationary period for which they are appointed, for the lar devices." development of the se1·vice of the suburban lines, and for the extension of 1 make this suggestion based upon information received and an investiga­ the scheme of preparing :mails in transit for immediate city delivery. There­ tion. made by a committe~ composed ~f !'l~erience.d posta:l men sin~ my c~n­ fore it seems to this office n. matter of special importance that the full sum versation With you, shoWing the possrbility of an rmmediate adoption of Im­ estimated for the item of railway postal clerks be allowed. portant lines of tubing which would relieve us of a corresponding amount of expense for mail-messenger service. Mr. PICKLER. I will ask the gentleman whether the Commit­ tee on the Post-Office and Post-Roads have concluded their delib­ Mr. PICKLER. - Will the gentleman yield for a question? erations on the bill to increase the salaries of the railway mail Mr. BROMWELL. Yes, sir. clerks? Mr. PICKLER. Is this legislation with reference to pneumatic :Mr. BROMWELL. . I will reply to the gentleman that we have transportation new legislation? ordered the bill on that subject, which was refen-ed to the com­ Mr. BROMWELL. I am unde1· the impression that it is not, mittee, to be reported to the House with the recommendation that but the chairman of the Committee on the Post-Office and Post­ it pass. Roads can probably give you the information. I think that ex­ Mr. PICKLER. Does your amendment now offered contem­ periments have been made with these pneumatic devices before, plate any advance for that pUI-pose if that pill should become a and they have been provided for in former bills. The chairman law? of the committee can probably give you definite information as to Mr. BROMWELL. It does not. As I stated the other day, this that. appropriation bill has come in ahead of the thne when it should The CHAIRMAN. The question is on the amendment. have been presented. The bill for the reorganization of the rail­ Mr. PICKLER. Mr. Chairman, I want to interpose a point of way postal clel'k service should have been acted upon by the order agaillst this, if it is to be cons~dered ~ere. I .w~s waiting House before this appropriation bill came in. If that bill pa ses until we should reach the paragraph m the bill. ThiS Is a propo­ the House it will add to this item 81,043,000, which is not provided sition to transfer from the twentieth paragraph to the nineteenth. for in any way in this bill. Mr. BROMWELL. Oh, no. The amendment proposed merely . Mr. PICKLER. I think that Railway Mail Service bill ought adds to the nineteenth paragraph that which is in the other para­ to pass, and I hope the committee will see that it comes up for graph. If this amendment is adopted, we will move to st1·ike out consideration. the sentence in the twentieth paragraph. Mr. LOUD. Mr. Chairman, I am a little surprised at the posi­ Mr. PICKLER. I make the point of order that this is new leg­ tion taken by my colleague on the committee [Mr. BROMWELL]. islation-so much of it as reads: This is the first time I have heard of any objection to this item, And the P ostmaster-General may, in his discretion, use not exceeding the which was very carefully considered in committee. Of course sum of $25 000 of this amount for experimenting in the transportation of the Depa.rtment asks for the hundred thousand dollars additional. mail by pneumatic tube or other similar devices. There never was a Government official who did not, as a rule, The CHAIRMAN. The gentleman makes the point of order want all. that he thought he could possibly use in .~s D epartmen~, against this new language. but in this instance we have allowed $306,000 additwnal t o what IS Mr. PICKLER. I must make it against this paragraph now, carried in the appropriation bill for the present fiscal year. In because it is proposed to transfer it to the nineteenth paragraph. certain portions of this bill we did take off amounts of money be­ Mr. BROMWELL. As I have said, I do not know whether I cause we thought the amounts estimated for were too great an have correct information in regard to this, and I would like to increase, and I think that the fair judgment of any gentleman (

1896. CONGRESSIONAL RECORD--HOUSE. 2655

upon this floor will lead him to assume that in the Railway Mail simpl y a direction to the Postmaster-General to request transpor­ Service for the fiscal year 1897 $306,000 is a sufficient increase to tation from the railroad companies. meet the growth of the service. Hence, I hope the amendment Mr. LOUD. I under~tand that; but I do not believe we should will not be adopted. put a great officer of the Government in the position of asking a The question being taken, the amendment was rejected. favor from the railroad companies. I believe we should stand Mr. TAWNEY. Mr. Chairman, I offer the amendment which upon our rights. I send to the desk. Mr. TAWNEY. The gentleman knows that the Postmaster­ The amendment was read, as follows: General for a great many years followed that practice. He always At the end of paragraph 26, line 21, after the word'' general," insert: did until the Fifty-third Congress repudiated an order which he "Provided, That the Postmaster-General shall request of all railway com­ had made requiring railway postal clerks to move onto the lines panies carrying mail under contract or otherwise transportation for railway of their runs. postal clerks to and from the termini of their respective runs to their homes 1\Ir. LOUD. If I were in po session of official information that when on the line of such railway." the course stated by the gentleman had been pursued, I might 1\Ir. LOUD. I will reserve the point of order on that amend- possibly accept some proposition for adjusting this matter. But xnent. . this amendment is in such a shape that I do not think it advisable Mr. TAWNEY. Mr. Chairman, members of this Hotise~ who to accept it at the present time. The matter can be attended to, serYed in the last Congress will recall the fact that after a very if nE:cessa.ry, at the other end of the Capitol. bitter fight the House succeeded in practically abolishing an order Mr. TAWNEY. Will the gentleman consent that this matter made by the Post-Office Department requiring railway mail clerks be passed over for the present until it can be further considered? to move onto the line of their runs by May 1, 1895. Through the Mr. LOUD. We can not get any information until to-morrow, efforts of certain members of the House an amendment was incor­ I suppose. porated in the Post-Office appropriation bill practically abolishing Mr. TAWNEY. I do not suppose the bill can be disposed of that order and railway clerks not reE.iding upon the line of their to-day. · runs were allowed to continue to live at their previous places of Mr. LOUD. I insist on the point of order. The matter can be residence. attended to, if necessary, at the other end of the Capitol. Now, in order to defeat this a-ct of the Fifty-third Congress, the The CHAIRMAN. The Chair sustains the point of order. P ostma-ster-General immediately demanded of all the railway The Clerk read as follows: postal clerks in the United·States that they return the transpor­ Twenty-seventh. For transportation of mail by electric and cable cars on tation which had been previously obtained by the Post-Office De­ routes not exceeding 20 miles in length, Sl50 000: Provided, That- partment from the several railroad companies and given to the Mr. PICKLER. I want to interpose a point of order (I do not railway mail clerks. The result is that the railway postal clerks know whether this is the right place to do so) against all these pro­ have been required to pay their transportation or railroad fare visions beginning with this paragraph, paragraph 27, on page 5, from the termini of their runs to their homes or else to move and extending through pages 6 and 7 and down to line 13 of page 8. upon the line of their runs. In this way the Post-Office Depart­ I desire to make a point of order against these provisions as being ment has in effect carried out the order which the Fifty-third new legislation. Congress said should not be enforced. I trust the chairman of The CHAIRMAN. The Chaii· has not read the proposition, but the committee will not insist upon the point of order. will ask the chairman of the Committee on the Post-Office and Mr. LOUD. I suggest to the gentleman that his proposition is Post-Roads if it is a new proposition. farther reaching than he may possibly anticipate. Does he as­ 1\Ir. LOUD. I will be very frank, Mr. Chairman, and will say sume that if I were a postal clerk, with Washington as the tel·­ that in my opinion one portion of the proviso may po sibly be minus of my nm, and should take up my residence in Baltimore, subject to the pojnt of order, but that part which has been read is going there every night and coming back in the mDrning, the not subject to it. It is really divisible into two parts and one part Government should pay my transportation daily because I find it could stand without the other, and if the gentleman will reserve agreeable to live over there? his point of order, I will endeavor to explain the full intent of the 1\fl-. TAWNEY. No, sir; I do not. And this proposition does provisions. not contemplate anything of that kind. :Mr. PICKLER. I am not particular about that. I only desire 1\lr. LOUD. Substantially it does. to reserve my right. I will reserve the point of order on the parts 1\Ir. TAWNEY. No, sir; it does not. The gentleman from I have suggested. California, the chairman of the committee on the Post-Office and Mr. LOUD. In the first place, Mr. Chairman, I would like to Post-Roads, was, I remember distinctly, very active and earnest explain the motives that actuated the committee in the prepara­ in his opposition to that order which required the ra.ilway mail tion of this portion of the bill. This is a very important propo­ clerks to move onto the lines of their runs, and it was due largely sition, and I would like the attention of the committee for a few to his efforts as a member of the conference committee that the moments. amendment I have refen·ed to was retained in the bill. As regards the first proposition, it is a bare, naked proposition, Mr. LOUD. Oh, yes. I do not believe in compelling any man which, standing by itself, could not possibly be subject to the point to live at any place which he does not find agreeable or con-ven­ of order; that is that the Government now has power under the ient; but I do not think the Department should pay a man trans­ general law to direct the transmission of its mails by such means portation because he chooses to live somewhere else than on the as it may select. I think no man will successfully deny that propo­ line-of his run. sition or undertake to deny it. It has been the practice for many 1\fr. TAWNEY. The Department will not be required to pay years and is unquestioned. the transportation of these clerks. The only object of the amend­ We have, as a matter of fact, been carrying the mails under the ment is to require the Postmaster-General to request the railroad rulings of the Attorney-General's Department for some time by companies carrying the mails to furnish these men transportation means of electric and cable cars. The only new proposition, then, free of charge. The railroad companies are perfectly willing to is the one, or the p~ragraphs of the one, following the appropria­ do it. There is no railroad company in the United States that is tion. Possibly the proviso, which covers two pages, may be stricken not willing to carry these men free. Their transportation was out on the point of order; in fact, I would be willing to admit that taken from them by the Postmaster-General, not by the railroad it is subject to the point of order, if it be insisted upon. But the companies. question that the House is to determine is as to whether the elec­ Mr. LOUD. I have heard that statement made before; but I am tric-car service and the cable-car service .shall be continued under not in possession of the facts. such special regulations as the Department may prescribe, or Mr. TAWNEY. I am in possession of the facts. I have seen whether in future you shall prescribe the limit-the Illl1Ximum letters addressed to the railway postal clerks requiring them to amount of money to pay for the ¥-ansportation of the mails in this return theii· transportation. manner. This will cost the Government nothing, while it will enable The Department, after a long investigation, has found serious men who live beyond the terminus of their runs to get to their difficulty in entering into contracts with the street railway com­ homes without paying traveling expenses. panies in various cities, because in one city they want two or three The Department has gone so far, in order to defeat the action times as much .as in another, and hence, as I have said, they have of the Fifty-third Congress, as to compel these clerks to ride in very serious difficulties in instituting this service in some of the coaches; it has gone so far as to deny railway mail clerks the cities. In view of these facts it has been suggested with great privilege of riding in the cars of the company except when actually force by the Department that Congress should fix a maximum on duty, the Department evidently fearing that without some limit to which all of these roads should be confined, and that pro­ regulation of this kind the purpose of the Department might be vision is incorporated in the various paragraphs of the proviso here, defeated and the clerks be enabled t o get to their homes without which, if adopted, will enable the Department without difficulty paying transportation. to enter into these contra-cts, n.nd I may say that it is just the same I will add to the amendment , if it will satisfy the chairman of proviso as is inserted in the general law with 1·egard to the trans­ the committee, the words '' without expense to the Go-vernment." portation on the- steam railroads. L et the word~ be inserted wherever t hey will be proper . This is Now, I will say to the gentleman from South Dakota that, while \ )

2656 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

by raising his point of order he may strike out the last portion of Mr. PICKLER. That is just what I contended, Mr. Chairman, this provision, which provides the maximum limit to be paid to that it changes existing law. the railroad companies, he can not, I presume, strike out the pro­ Mr. BINGHAM. If the gentleman objects to economy in ths vision itself, because there is abundant provision under existing administration of the Department, all right. law to authorize the transmission of the mails on the street cars Mr. PICKLER. The gentleman from Pennsylvania says that if the Post-Office Department shall so desire. under existing law the Postmaster-General could not avail him­ Mr. BROMWELL. Mr. Chairman, I desire to offer an amend­ self of the provisions as they are set forth here. . The gentleman ment at this point. admits that it is a change of existing law. It is a change in the The CHAIRMAN. Perhaps the point of order had better be powers of the Postmaster-General. That is what the gentleman disnosed of first. Does the gentleman from South Dakota desire has said in so many words. Therefore, it is a change in existing to be heard upon the point of order? law. It changes the powers of the Postmaster-General in regard · Mr. PICKLER. I desire to say only, Mr. Chairman, that this to electric cars and electric-car service. The gentleman confesses is clearly new legislation on an appropriation bill, and the gen­ my whole contention. tleman in charge of the bill admits it himself. It provides- Mr. BINGHAM. It is simply a limitation. For the t ranspof'tation of the mails by cable and electric cars on routes not Mr. PICKLER. I insist that it is new legislation, that it has exceeding 20 miles in length, $150,000. no place on an appropriation bill, and it ought to take the same Now, this provision can not be separated from what follows in course as the bilh; for the payment of railway mail clerks and the the shape of a proviso. I do not agree with the gentleman when he bills for the payment of fom·th-class postmasters and for rural says it can be separated. I think not. It is all one and the same free delivery. It has no place on an appropriation bill, as the gen­ proposition. It goes on with a proviso descriptive of the man­ tleman from California [Mr. LouD] and the gentleman from Penn­ ner in which this money shall be expended, and runs down through sylvania [Mr. BINGHAM]-but especially the gentleman from all of the letters by paragraphs from a to h inclusive. It is Pennsylvaniar-concede. It confers different powers so far as the one single proposition, and, besides, there is no such provision as Postmaster-General is concerned. It gives him different power this in the law. It is entirely new legislation from the very be­ than he had here before. I insist upon my point of order, that it ginning, providing that the Postmaster-General shall have power is a change of existing law. to contract for the mail service on electric and cable car routes The CHAIRMAN. The Chair is ready to rule. The Chair holds not exceeding 20 miles in length, and so on. as to how he may make that the paragraph down to the word "Provided ': is not subject to these contracts. That is all a new provision. There is nothing the point of order; that the point of order is not well taken on the in the law to wanant it, and the proposition is out of order on language down to the word ''Provided." this bill. I do not suppose it will be disputed that such is the case. ltfr. PICKLER. I move to strike out that section, down to The CHAIRMAN. The gentleman in charge of this bill states ''Provided." that the general law authorizes the Post-Office authorities to trans­ The CHAIRMAN. The question is on the amendment offered port the mails on any kind of car. Does the gentleman from South by the gentleman from South Dakota to strike out the paragraph. Dakota dispute that proposition? The question was taken; and the Chair announced that the noes Mr. PICKLER. I do not know whether that is so or not. But seemed to have it. I do not think there is any law authorizing the transportation of Mr. PICKLER. Division. [Pending the count.] I withdraw mail on electric cars. the demand. :M:r. BINGHAM. They have authority now on the electric lines. The CHAIRMAN. The demand is withdrawn. The noes have Mr. PICKLER. Then why do you want any legislation on that it, and the amendment is rejected. point? Mr. BROMWELL. I call for the reading of my amendment. The CHAIRMAN. This is simply the appropriation for the pur­ The Clerk read as follows: pose of paying for the service, not the authorization of the service Amend by striking out line 24- itself. Mr. PICKLER. It is understood that my point is penrnng to Mr. PICKLER. I ask the gentleman from Pennsylvania if that-the balance of the paragraph. there has been heretofore such an appropriation? The CHAIRMAN. The gentleman will raise the point of order Mr. BINGHAM. I do not know that there has been such an as we proceed with each paragraph. The Clerk will report the appropriation before, but the service has been carried on. amendment offered by the gentleman from Ohio. Mr. PICKLER. No, sir; there is no appropriation for it and The Clerk read as follows: no authority for it. Amend by striking out in line 24. page 5, the words" one hundred and fifty" Now, what does this propose? That the Postmaster-General is and insert_the words "two hundred." authorized to transport the mails by electric or cable cars, and a Mr. BROMWELL. · Mr. Chairman, ino::fferingthisamendment fund is provided for the expenditure. There is no such provision I do so in reference to the provision which we will have to pass in the general law. Nothing of the kind has ever been done be­ upon in the paragraph marked H, on page 8, and commencing fore, and following that we have a number of provisions here in with the words ''And provided further," on the eighth line of that the following pages which specify how this money may be spent. page. I call attention to it now, throu~h this amendment, so that The CHAffiMAN. That is a limitation on the appropriation, when these paragraphs are passed, or 1£ the paragraph should go that is all. out of the bill on a point of order, the provision contained in that Mr. PICKLER. It is new legislation all the same. section marked H, on page 8, may be covered with the necessary Mr. BINGHAM. If the gentleman will allow me to make a increase in the amount of the appropriation provided for generally statement, I will submit that in all the large cities of this country in section 27; and in that connection I wish to read again from the to-day a United States mail car is run as the rear car on some of Second Assistant Postmaster-General: the trains of electric street cars. Perhaps the gentleman has ob­ Twenty-seventh. For transportation of m ail by electric ancl cable cars on served such a car on Pennsylvania avenue. The transportation routes not exceeding 20 miles in length, $150,000. The estimates for this serv­ of the mail by what is called the trolley-car system is paid for out ice wer e-made very c..arefully, and it is believed that the ~ , 000 is an absolute of the inland mail transportation fund. The Department is now necessity and that the service can not be :performed without that amount of m oney with which to carry it on; in addition to which the estimates for other doing that. They can continue under the general law. But the branches of the service were cut down from the natural incr eases t hat wonld Post-Office Department has determined this as a system of wise, occur under the ordinary circumstances because of this service. A curtail­ economical policy-- ing of this important branch of the service will n ecessitate an increased ex­ pense in the wagon service, and I would _Part icula rly request that the original Mr. PICKLER. Determined what? amount be granted, that is, the SZOQ,OOO m place of the $150,000. Mr. BINGHAM. The details of this bill. They are putting on We now, however\ beg to call yoU:r attent ion to t he most important feature these cars the same force as they put on in the Railway Mail Serv­ of this item, which IS on page 8, beginning at line 8, r eading "And p1·ovided further, That all street-railway companies carrying mails under t h e foregoing ice for the distribution of matter. This simply limits the allow­ provisions shall furnish free transportation to letter carriers to and from ance that the Department is willing to pay for the transportation the post-office and their r espective routes, when such distance shall ex ceed of these electric cars. For distances over 20 miles they pay under one-half of a mile as the Postmaster-Gen eral may direct ." P ermit me to state t hat the SZOQ,OOO ask ed for has been clearly demonstrated to cover only the general statute. In this proposed legislation there is a lower the necessities f or moving t he mails- that is, the space provided by the street­ limit, because the cars are smaller and the service is less. It is railway companies, or the special car that is provided, and the t ransporta· simply a limitation under the general statute, wherein the appro­ tion of the wei~ht and the clerks handling the mail. This item covers only priation is made under inland mail transportation. That is all new and additional service and service that t hey have n ever r endered or contemplated rendering before. However, you ~entlemen have included in there is in it. this item (which you reduced to $150,000) a serVIce t hat the street-car com· Mr. PICKLER. This is, then, restricting the powers of the panies are now rendering and receiving at the rate of $163,387 per year for­ that is, the transportation of letter carriers, etc.-under certain conditions. Postmaster-General? I beg to state that the passage of this bill, as it now stands, upon the above Mr. BINGHAM. In lines of economy. showing, will absolutely not oi:J.ly stop any additional service of this class, but Mr. PICKLER. But it is restricting his power. will also wipe out of existence that which we have already inaugurated, be­ Mr. BINGHAM. If he did not have this restriction he would cause it is not possible to expect people to take $13,387 less per annum and furnish double the service. If the service which is now in operation shculd have to pay the full price. It is a limitation in expenditure under be abandoned, which was contemplated to be covered by the $200,000, it will the general law. necessitate a greater expense, or at least an equal expense, b'ting incurred by ! !

1896. CONGRESSIONAL RECORD-HOUSE. 2657

wagon service being substituted for it, while the estimates for the wagon him to try now to increase this appropriation, which he has used SErvice, as explained{to you, were made less, expecting the additional money which is proVIded for in the request for the $200,000. I am also satisfied that every means in his power to strike out? - to abandon this service and to return to the former wa gon service would Mr. PICKLER. Just this. I still think it is out of order not- . _ create a great amount of dissatisfaction in the communities wher e the withstanding the opinion of the Chair; but if this item is to re­ changes have already been made and a disappointment to those who are main in the bill I want it to be of some service. The chairman of wa.itin_g for improved facilities in their cities. Yours, respectfully,1 the committee undertakes to justify his view uy adducing as an argument a comparison between the charge for hauling one of Second Assistant P~t:~~-~~eral. these street postal cars 2, or 3, or 5, or at most not to exceed 20 In other wordB, we propose by this bill-- miles and the charge of a steam railway for hauling a car on a - Mr. PICKLER. Will'the gentleman allow me a question? run of a thousand miles, and he thinks both can be done for the Mr. BROMWELL. Yes, sir. same rate. Mr. PICK4ER. How does it come that the Committee on the That is the way the gentleman calculates and reasons upon this Post-Office and Post-RoadB brings in a report for $150,000 with subject. My opinion is that the gentleman from Ohio [Mr. such a letter as that? BROMWELL] is right. My opinion is that the Postmaster-General Mr. BROMWELL. This letter, as I have said before, was re­ is right. If the Department has been paying $163,000 for this serv­ ceived before this appropriation bill came in and before it ought ice, and if it is true that the service is required to be doubled, it to have come in here. seems to me it would be ridiculous to cut down the appropriation Mr. PICKLER. Whose fault is that? to $150,000. Mr. BROMWELL. I have no comment to make on the action Mr. LOUD. The gentleman is mistaken again. They have not of the committee of which I am a member. I was not personally used any such amount of money as $163,000. responsible for it. Mr. PICKLER. It is proposed -to double the service, as I un­ Mr. PICKLER. It is certainly not the fault of the House. derstand from the gentleman from Ohio, a member of the com­ Mr. BROMWELL. It is not my fault as a member of the com- mittee, and still to require these railroads to do the work for mittee. - $13,000 less than they received last year. I repeat, Mr. Chairman, Mr. LOUD. Mr.Chairman,I desire to saythat I am somewhat that if this item is to remain in the bill it ought to be made serv­ surprised that the opposition should come from our committee. I iceable and of some effect, and I think this House ought to pay understand that, of course, we can all get letters from heads of some regard to the recommendations of the Postmaster-General Departments asking for increased appropriations. I know that on this subject. - The gentleman from Ohio, a member of the com­ the Second Assistant Postmaster-General does not want this item mittee, has asserted on this floor that this bill has been brought in to go in in its present shape. We thought it advisable to recom­ prematurely, that it has not been digested, but has been brought mend for the electric-car system this year $150,000. We thought here in advance of some other matters that are pending before the that was a reasonable amount to start with for this year under committee. I take it as a verity that the gentleman from Ohio the present conditions, and the proviso put upon that bill, permit knows what he is talking about and that the Postmaster-General me to say, is what was practiced by the street-railroad companies knows what he is talking about, and I repeat that if we are to­ of this country almost unanimously until two years ago. They adopt this item at all I believe we ought to make it effective. do it in my own city now, where we are ridden and burdened down Unless we do that, let us strike it out. by the octopus, a great monopoly; nevertheless they carry the Mr. OGDEN. Mr. Chairman, as a. member of the Committee letter carriers free out to their routes, and I am satisfied, Mr. on the Post-Office and Post-RoadB, I desire to say that the gentle­ Chmrman, that if this proviEion be enacted into laws when Con­ man from South Dakota. travels entirelv out of the record in mak· gress has once enunciated this policy and principle, that the ing the statement he has made in regard to the action of teat street-railroad companies of the country would gladly and willingly committee and of the chairman of the committee. His statement accept the provisions of this act. is entirely untrue and unjustifiable. We did have to a-dopt the suggestions of the Second Assistant Mr. PICKLER. I can prove it by the members of the commit- Postmaster-General in relation to maximum rates without being tee themselves. · in possession of the proper information, for it would have taken Mr. OGDEN. No, sir; you can not. I decline to be inter­ months and months of investigation to ascertain what would be rupted. a proper rate. Some of the street-car companies' representatives Mr. PICKLER. By more than one of them, too. have come to me and said that they could not carry the mails Mr. OGDEN. I am a member of that committee, and I state, in for these rates, but the maximum rate under the bill is equal to regard to what the gentleman has said about the arbitrary action the rate allowed to the steam railroads for hauling a 40-foot car, of the chairman of the committee, that no such arbitrary action and I believe that these street-railroad companies can afford to has ever been taken in the committee, at least while I have been haul one of these little cars that they hitch on to the end of a a member. On the contrary, the chairman has been fair . . He has train as cheaply as the great steam railroads haul a. 40-foot car had his own views in regard to what would beaproper appropria­ full of mail; and I believe further that if this proviso be once tion bill to bring into the House, and he has presented those views enacted into law it will settle this vexed question of dealing out to the committee, but in no instance has anysllch arbitrary action car tickets to thfl mail carrj era. been taken as the gentleman from South Dakota states, and Ire­ The CHAffiMAN. The question is on the amendment of the pudiate all such charges against the chairman of the commitiee gentleman from Ohio. and against the committee as absolutely false. Mr. PICKLER. As the Chair has held this provision to be in The question being taken on the amendment, the Chairman de- order, it seems to me almost ridiculous to appropriate only clared that the noes seemed to have it. $150,000. The gentleman from Ohio [Mr. BROMWELL],a member Mr. BROMWELL. I ask for a. division. of the Committee on the Post-Office and Post-RoadB, says that this The committee divided; and there were-ayes 16, noes 36. is positively against his judgment, and, as I understand, it is So the amendment was rejected. against the judgment of other members of the commttee. The Clerk read as follows: Mr. LOUD. What right has the gentleman to understand that? (a) The Postmaster-General is authorized and directed to adjust the com:. Mr. PICKLER. I understand that the chah·man of the com­ pensation to be paid for the transportation of mails on electric-car and mittee arbitrarily cut down this item, as he did others, in the face cable-car routes upon the conditions and at the_rates hereinafter mentioned. of the opposition of members of the committee. Mr. PICKLER. Now, Mr. Chajrman, Iraisethepointof order Mr. LOUD. You aie mistaken about that. against this paragraph. - - Mr. PICKLER. I am not. Some of your committee- The CHAIRMAN. The Chair suggests to the gentleman that . Mr. LOUD. Whoever gives you that information informs you this paragraph seems to be connected with and conditioned upon of that which is false. the following paragraphs. The Chair therefore thinks that the Mr. PICKLER. Well, that is what I understand. I understand point of order should be taken at the end of the whole proposition. that not only on this item, but on others, the gentleman arbitrarily It will be in time then. bore his committee down-that he did it on several of these items. The Clerk read as follows: He wants to cut this appropriation doWn. to $150,000 in the face (b) For full railway post-office cars, to be used for postal purposes only, to of the Postmaster-General's recommendation, and he does not ad­ be ol>erated independently of other cars, and to be not less than 16 feet. in duce one fact in reply to the 1·easons given by the Department. length inside measurement, not to exceed 12 cents per mile traveled. All he says is that he believes that this will be sufficient and that (c) For compartment post-office cars, to be operated independently of other cars, th~ C

2658 CONGRESSIONAL· RECORD-HOUSE. . MARoH to.

quency and speed, :md on such schedules, as shall be required by the Post­ thought it a good thing to have these railroad companies trans,. master-General, and shall be construded, fitted U1> with the necessary furni­ ture and fixtures for the proper h:mdl.ing and distribution of mail, ma.intained, port the lett&r carri~rs free. I have. thought that a measl11'e of heated, and lighted by gas or electricity, by and at the expense of the rail­ economy. road companies; :md cle1·ks in charge of the mail shall be carried without The CHAIRMAN. The Chair feels constrained to sustain the additional charge therefor. point of order. (f) When post-office car service shall be authorized on any route by the Postmaster-General, as provided herein, no additional compensation shall be ~fr. PICKLER. This claim of economy is merely technical. aJ.lowed on account of the weight of mail carried on said route; and it shall Mr. LACEY. I ask the Charr with what law do these provi­ I·· be the duty of the railroad company operating said route to carry additional sions interfere? mail in closed pouches in eharge of its employees on other than the post-office cars, when so directed by the proper office~ of the Post-Office Department, The CHAIRMAN. They create new law. without further compensation. Mr. LACEY. These paragraphs only· make appropriation for (g) For routes upon which no post-office cars are authorized by the Post­ carrying out the purpose of the old law. master-General, but on which mails are carried in closed pouches in charge of emp.loyees of the railroad company, the pay per mile qf route per annum Mr. MILLER of Kansas. Mr. Chairman. I think the chairman on routes carrying their whole length an average weight of mails per day of of this committee FMr~Loun] has gone furtlierthan"memoors gen­ lJX) pounds or less shall not be to exceed 75.; over 800 pounds, the rates to be erally would be willing to go in conceding that these provisions are as provided by existing law for transportation of mails on railroad routes: the average weight to be ascertained as provided by law; the service to be subject to a point of order. The fact is, these paraoooraphs simply performed with such frequency and speed and by such a schedule as will be make a specification in detail of the manner in which an entire satisfactory to the Postmaster-General. appropriation shall be expended. They simply designate the man­ (h) The compensation h erein.provided shall apply only to electric and cable car routes not exceeding 20 miles in length; the compensation for carrying ner in which the Postmaster-General shall parcel ont thi money. the mails on electric and cable car routes longer than 20 miles to be as pro­ It seems to me that where there is a detail of this kind, which is vided by existing law for the transportation of mails on (steam) railroad very important to the proper disbursement of the appropriation, routes. · , and where the chairman of the committee simply says that he is Mr. TAWNEY. Mr. Ohainnan, I desire to offer an amend­ in doubt whethe1· the provisions are :in order. that it ought n.ot to ment-- be accepted as a concession that the point of order is good, but the Mr. PICKLER. A point of order is pending. Chairman of the committee in his ruling should cast the doubt in The CHAIRMAN. Does the gentleman from South Dakota favor of the proper administration of the appropriation. make a point of order? · Now, srr, the carrying of the mails is a matter of vital impor­ lfr. PICKLER. I have been trying to do that all the morning. tance, and should be done with regularity. This appropriation is The CHAIRMAN. The gentleman will state his point. a large one, and I submit that it ought to be expended tlllder the Mr. PICKLER. I make the poirlt on all of pages 6 and 7 and rules prescribed here. Where you are making a limitation sim­ all of page 8 down to the word "routes," in line 8. ply an an appropriation already made I hold that it is not subject Mr. CANNON. May I make a suggestion to the gentleman to the point of order where the principle of the appropriation is from South Dakota? already embodied in the bill. . Mr. PICKLER. Certainly. Mr. LACEY. Unless the Chairman has made a final ruling-­ Mr. CANNON. Th~ rate of payment contained in the provi­ The CHAIRMAN. The Chair will hear the gentleman from sions to which the gentleman makes his point of order is, I think, fu~ . • too large. It is, however, a maximum rate. Even this rate, how­ Mr. LAOEY. In the first place, the point of order can not be ever, would in my judgment give better service and reduce the made halfway down in a paragraph of the bill. I hold that it compensation now paid to these railways. Saying nothing about must be made on the whole of the paragraph or none of it. You the point of order, I believe that the provision ought to stay in the can not by a point of order make a bill senseless-- bill and that the maximum rate of compensation should be re­ The CHAIRMAN. The Chair does not know whether the gen­ duced from 12 cents to 10 cents. The truth is, that the rate named tleman from Iowa was present or not when the first paragraph a, in the bill is hjgher than that paid to steam railroad companies, of this part of the bill was read and the gentleman from South Da­ though in fact these street-car lines can afford to do the service kota made the point of order upon it. The Chair suggested then, by for less. permitting this paragraph, or this portion of the bill, to be read, I am not speaking of the gentleman's point of order; I do not t.he gentleman from South Dakota would not lose his right to make know whether it is well taken or not; but I suggest that the pro­ the point of order upon them all. The Chair suggested to the gen­ visions-with the amendment I haYe suggested-would give bet­ tleman. that the point of order should be made at the end of the ter service and cheaper service than if no such provisions were paragraphs. adopted. Having said this much, I have said all that I desire to Mr. LACEY. I understand that, Mr. Chairman, but the gen­ say about the matter. tleman proposes to divide this paragraph, making a point of order MrL PICKLER. I do not know as to the merits of these pro­ upon a part of it. visions, But the chairman of the committee [.Mr. LoUD] has Mr. LOUD. He proposes to segregate paragraph h from the informed us that all these matters are safe with the Postmaster­ rest of it. General-that the matters in regard to fourth-class postmast-ers, Mr. LACEY. That is the point that I suggest to the Chair can rural delivery, etc ~ are entirely safe with that officer. The chair­ not be done. It leaves the bill a mere jargon by leaving the bal­ man assures us that the Postmaster-General will properly take ance of the provision in an incomplete a.nd uncertain condition. care of thosematters. Now, I thlnk thatif hecan takecareof If the gentleman from South Dakota desires to make the point of those he can take care of this. I insist on my point of order that order against a particular part of the bill, he must take the whole the provisions embraced in the portion of the bill I have cited are of the paragraph, and not segregate a portion from the rest. You new legislation-wholly new. can readily see where such a principle would lead. He can not Mr. LOUD. What part of the bill does the gentleman leave in? single out a portion of a paragraph tha.t would make the bill sense­ Mr. PICKLER. I leave in the proviso- less or unJA~matical. That all street-railway companies carrying mails under the foregoing pro­ The C MAN. Does the gentleman think that a proviso visions shall furnish free transportation to letter carriers to and from the to a paragraph might not be stricken out? post-office and their respective routes, when such distance shall exceed one­ 1\Ir. LACEY.. But aside from that, here is a method pointed out balf of a mile, as the Postmaster-General may direct. for the distribution of the funds already appropriated by the bill. Mr. BINGHAM. Why does the gentleman exceptthatfromhls There is no law forbidding the use of money for the transportation point of order? of mails on electric cars. Suppose an electric line be put on the Mr. PICKLER. Because that can go with the other provision Baltimore and Ohio Railroad from here to the city of Baltimore, retained in the bill. and next year, when the appropriation bill comes up, a provision The CHAIRMAN. Does the gentleman from California [Mr. is inserted to carry the mail over the electric line between Balti­ LoUD] desire to be heard on the point of order? · . more and Washington. Could it be held, as the gentleman from 1\fr. LOUD. No, sir; I have nothing to offer. I am free to ad­ South Dakota proposes in this case to hold, that this is new legis­ mit that this part of the bill may possibly be subject to a point of lation? It is simply a change in the motive power of the route. order. I had supposed we might rely on the good sense of every We make an appropriation to carry the mails on street cars drawn member of the House to recognize the necessity of these prqvi­ by horses, for instance. Next year the motive power of the car is sions in view of the extension of this class of service. · changed, and they use either a cable line or electric cars. Could it Mr. QIDGG. I call the attention of the Chair and of the gen­ be claimed that it was new legislation to make an appropriation tleman from South Dakota to the economy in the public service for continuing the service on that line simply because the motive which is contemplated by the provisions against which the point power was changed? of order has been made. I also call attention to the fact that the It is perfectly clear that without inaugurating new legislation proviso against which the gentleman has not made his point of the House has a right to appropriate the money necessary to carry order relates directly t..o the provisions to which his point applies. the mails between any two points or to distribute the ma.il at If the gentleman presses his point of order1 it defeats the economy either one of the points; and because there is a cha.Dge in the mo­ which the proviso seeks to accomplish. . tive power and the method of the distribution of the mail, and the Mr. PICKLER. The gentleman from New York can make a change is recognized, it is not a change, and can not be. held to. be point of order against. that proviso if he wishea to. do so. I have a change, in existing law~ In. this case there.is no change of l&w \I

1896. CONGRESSIONAL RECORD-HOUSE. .' 2659

and no modification of the law. It is not even the enactment of· Mr. TAWNEY. I should like to ask the gentleman what exist­ a new law. It is simply a matter of detail in regard to the carry­ ing law this changes. ing of the mails already authorized by law. Mr. TALBERT. Why, there is a change all round, and, as I With all due respect to the Chair, therefore, I suggest that the . say, I am reminded of what I saw in a paper the other day. _ A Chair should reconsider the ruling; because if we can not make a gentleman in the Northwest wrote to·a friend in this city to know provision of this character we can not provide for carrying the if he could dispose of a carload of fine horses in thecityofWash­ mail in a manner that would not be objectionable from one end ington. His friend replied to him very promptly that he could to the other. not; that the men and women in Washington rode bicycles; that Mr. CANNON. If the Chair will permit me, I wish to make a the stroot cars are run by electricity and motors, and that the BUggestion that may possibly accomplish the object the gentleman GoveTnment "is run by donkeys; and in consequence there is no from California has in view and what the committee would be demand for horses. [LaughteT.] glad to do, probably, or would make the point of order nntenable Now, it does seem to me that this committee desires to change or unavailing. the whole system of delivering the mails in this country. I trunk, .My suggestion is in effect-and I will move an amendment, if sir, under these circumstances, that this point of order ought to necessary, commencing on the top of page 6, in line 1, to insert be sustaine~ and let this appropriation to buy bicycles and street­ before the words "the Postmaster-General" as follows: "In mak­ car tickets be applied to some better purpose. ing the expenditure of the money appropriated in this paragraph, Mr. LACEY. Suppose that heretofore the custom has been to the Postmaster-General is authorized,'.' and so on. I would also carry the mail or run the Government by a d<>nkey. What ex­ propose to strike ont the words ''and directed," in line 1, on this isting law is there that requires that custom be perpetuated? page. Then along in the bill-- The point that !seek to make, and that I failed to make clear Mr. PICKLER. Mr. Chairman-- to my friend from South Dakota, is that this is simply a recogni­ The CHAIRMAN. The gentleman from illinois has the floor. tion of improved machinBry,-of different methods. For instance, Mr. PICKLER. Isthegentlemanoffering anamendmentnow? a pneumatic tub€ is put in between two cities. Why can not the The CHAIRMAN. He is not, but simply calling attention to mail be carried through that tube? Why can they not make a one that he proposes to offer if the <>pportunity arises. contract for carrying the mail in this way? This is merely a Mr. CANNON. . Well, I will offer it when I get a cha:rrce. · I am limitation on the expenditure of money, without a change of any giving notice. existing law and without creating any new law. Further along in the bill I propose to reduce 25 per cent the Mr. PICKLER. There is no law for it, and the gentleman maximum compensation allowed. seeks to get a law for it. That is the point. It seems to me that that would make the limitation for which Mr. BINGHAM. I should like to say a word, unless the Chair the money provided in this paragraph should be expended. It is is ready to rule. · given under the law, but in expending the money certain limita­ The CHAIRMAN. The Chair thinks this plainly creates new tions are placed upon it. law where none exists, and it is therefore obnoxious to the point The Chair is quite familiar with the power to place limitations of order. on the expenditures <>f the money appropriated. within the law. Mr. CANNON. Mr. "Chairman, I offer the following amend­ It is the same power exercised when you refuse to appropriate in ment. • pursuance of law, or when you appropriate a less amount than the Mr. LOUD. Mr. Chairman, 1 woUld like to know if that took · law provides. In other words~ in giving the money you place the out the proviso? limitations within the law on the expenditure. The CHAIRMAN. The point of order, if the gentleman will Mr. PICKLER. Mr. Chairman, I have nothing to say about give his attention, was raised against that part commencing with what amendment the gentleman from ll1inois [Mr. CANNON] may the proviso on the bottom of page 5, down to the end of '' Provided offer hereafter. I only want this point of order ruled upon. further," in line 8, page 8. . In answer to the very vigorous and demonstrative argument of Mr. LOUD. Can the gentleman divide the simple proviso in the gentleman from Iowa [Mr. LACEY], that leaving this proviso t.hat way? That is under the head of letter H. Can the point of in here would make this matt-er senseles~ let us see how far the order be raised against one portion of the paragraph and not the gentleman . has examined it. He evidently did not examine it other? Must not the whole go? at all The CHAIRMAN. The point of order is on that portion on The CHAIRMAN. The Chair does not think that is pertinent which the gentleman raises it. to the point of order. Mr. TAWNEY. Mr. Chairman, before the point of order was Mr. PICKLER. I want to address myself t<> the point of 01·der. made I offered an amendment at the end of line 13. The Chair has ruled that item 27 is legitimate, and we have left The CHAIRMAN. The gentleman from Illinois is recognized that in the bill. That reads: to offer an amendment. · Twenty-seventh. For transportation of mail by electric and cable ears on Mr. TAWNE-r. My amendment was offered before the point routes not exceeding 20 miles in length, $150,{XX). · of order. Now, turn over to the proviso which the gentleman says is Mr. CANNON. At what portion of the paragraph? senseless, and you will see that it reads connectedly. It says: Mr. TAWNEY. At the end of line 13, after the word "direct," And provided further, That all street railway companies carrying mails on page 8. under the foregoing provisions shall furnish free transportation to letter Mr. CANNON; · Well, my amendment is before that. carriers to and from the post-office and their respective routes, when such Mr. TAWNEY. This is striken out. distance shall exceed one-half of a mile, a.s the Postmaster-General may di­ rect. The CHAIRMAN. The gentleman from Illinois is recognized. Mr . .LOUD. If it is not too late, I would raise the point of order If that does not make sense, I should like to know what would .against that "Provided further." Let it go out altogether. If make sense. The ~entleman from Iowa [Mr. LACEY] can not any of it is to go out, let it all go out together. connect two propoSitions in any more legitimate and reasonable The CHAIRMAN. The Chair sustains the point of order. way than these two connect. I insist upon my point of order. Mr. PICKLER. I would like to know what the chairman of The Chair certainly has no doubt of this point of order being the committee makes his point of order against? good. The chairman of the committee confesses it. Everybody The CHAIRMAN. Against the remaining part of the para­ confesses it except the gentleman from Iowa. There are provi­ graph. sions for the length of cars in this paragraph b, which reads as Mr. PICKLER. I would like to have it reported, so that I may . follows: know what it is. 1 (b) For full railway post-office cars, to be used for postal purposes only, to The Clerk read as follows: be operated independently of other cars, and to be not less than 16 feet in length, inside measurement, not to exceed 12 cents per mile traveled. And provided further, That all street-railway companies carrying mails under the foregoing provisions shall furnish free transportation to letter Then in the other paragraphs there are other proYisions. These carriers to and from the post-office and their respective routes, when such matters are all new propositions and changes of existing law. distance sha.ll exceed one-half of a mile, as the Postmaster-General may Mr. LACEY. What existing law fixes the length of postal ears? direct. Mr. PICKLER. If there is no law then this is new law. Mr. PICKLER. I understand the chairman of the committee Mr. TALBERT. I wish to say a word, Mr. Chairman, in ad'Vo- makes the point of order against that paragraph. cacy of the gentleman's point of order. It seems to me it is just The CHAIRMAN. There can be no doubt about that. simply a question of common sense. Does existing law provide Mr. TAWNEY. I rise to a parliamentary inquiry. bicycles and electric cars and all that kind of thing for carrying The CHAIRMAN. The gentleman will state it. the mails? · Mr. TAWNEY. As I understand it, pages 6 and 7, and down Mr. PICKLER. No. to line 13 on page 8, are now stricken out of the bill? Mr: TALBERT. If it does not, it seems that it is a question of The CHAIRMAN. The gentleman is correct. common sense .to .determine that thE! adoption of this paragraph · Mr. C.A,.NNON. I now offer my amendment. - .does.change"BXlsting law. -I am rem.mded of what I saw th~other . Mr. TAWNEY. My parliamentary inquiry is this"! Can I not, ·Gay..moue of my, pa~ . - · - -· __ · - - - - · 1 therefore, offer as .au amendment to paragraph 27, at the~ . . 0 \

2660 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

of page 5, at the end of line 25, the amendment which I offered The Clerk read as follows: at the end of that paragraph which is stricken out? Twenty-seven and one-half_ For necessary and special facilities on trunk The CHAIRMAN. In the opinion of the Chair the gentleman lines from Boston, Mass., bv way of New York and Washington, to Atlanta and New Orleans, $196,614.22: Provided, That no part of the appropriation can when he gets the floor forthat purpose. The_gentleman from made by this paragraph shall be expended unless the Postmaster-General illinois is recognized to offer an amendment. shall deem such expenditure necessary in order to promote the interest of Mr. CANNON. I move to insert after the word ''that," on line the postal service_ 25, page 5, the words which I will ask the Clerk to read. I will Mr. BROMWELL. Mr. Chairman, I ask to have read the just state it to the committee before the Clerk reports it, and that amendment which I send to the desk. will possibly do away with the necessity of reading. I propose to Mr. LOUD. Mr. Chairman, before that amendment is offered, , move to put back these words stricken out literally, with the fol­ I desire to raise the point of order against this paragraph. First lowing additions. In line 25, after the word "that," on page 5, I will state that I regret very much that I feel called upon to raise insert: the point of order upon this proyi.sion of the bill, because it, per­ In making the expenditure of the money in this paragraph mentioned (a) haps, puts some of my very close friends in a peculiar position. the Postmaster-General is authorized to adjust the compensation to be paid But, sir, if this proviso be in order, then you can put upon this bill for the transportation of mails on electric-car and cable-car routes upon the conditions and at the rates hereinafter mentioned, not exceeding the rates any number of subsidies extending through this whole country. now authorized by law. There are in the bill, as you understand, two following this. The point of order that I make is that this is new legislation, not war­ Mr. PICKLER. I make the point of order that it is too late for ranted by existing law. The act of 1876 and previous acts, which that. · We have passed that section. you will find in the postallaws, prescribed the limit of money that Mr. TAWNEY. No; we have not. could be paid for the transportation of the mails by rail, and here Mr. PICKLER. Yes, Mr. Chairman; the whole of paragraph now Congress is seeking to pay an increased amount of money for 27, on the bottom of page 5, is a separate and distinct proposition, the transmission of mails. and it was kept in the bill on that ground. Now, we have gone Now, I admit that this item has been in appropriation bills on over two pages, and I make the point that the gentleman can heretofore, but I hold that the fact that an item has been in an not go back now to amend that proposition. appropriation bill for one or more years does not give it the status The CHAIRMAN. The Chair understands the gentleman to of a law, and I caU the attention of the Chair to a ruling which make the point of order that the amendment comes too late? he made himself some few days ago upon the item relating to the Mr. PICKLER. And that it is new legislation, too. salary of the private secretary of the President of the United The CHAIRMAN. That is another consideration. States. In that case the appropriation bills for a number of years Mr. PICKLER. I make both points of order. had carried $5,000 as the salary for that secretary, but the Chair The Clerk read as follows: · held, very properly and justly as I think, that while the appro­ On page 5, line 2.5, after the word" that," insert: priation bills for a number of years might have carried a given "In making the expenditure of the money in this provision mentioned (a) the Postmaster-General is authorized to adjust the compensation to be paid amount of money for a given purpose, that fact did not change for the transportation of mails on electric-car and cable-car routes upon the the existing law, and I hold that although this pending item may conditions and at the rates hereinafter mentioned, not exceeding the rates have been in the appropriation bills for a number of years, that now authorized by law.". fact does not give it any existence as a statute-an existing law. Mr. CANNON. I will state what I offer puts it under the Mr. CRISP. Mr. Chairman, the gentleman from California. proper head with all the words that have been stricken out put in makes a point of order against the provision for special facilities with an addition. In other words, I take the words that have been on trunk lines from Boston to New Orleans via Atlanta. For stricken out and add to and amend them so as to make it a differ­ many years, eighteen years, I believe, there has been carried in the ent proposition and move it as an amendment. general appropriation bill for the Post-Office Department a pro­ The CHAIRMAN. Does the gentleman from illinois desire to vision for a sum to facilitate this fast-mail service. Frequently be heard on the point of order that this is new legislation? the point of order has been made against it, though perhaps never Mr. CANNON. I only desire to say one thing. It seems to me before by the chairman of the committee reporting the bill. That, that in appropriating $150,000 under the law-and it is admittedly I believe, is a novelty which we now have for the first time. Ordi­ under the law-for transportation upon street-railway lines, it is narily the gentleman who reports a bill is supposed to be in favor perfectly competent to place a limitation upon the expenditure of ofit, and iflthere are provisions in a bill coming from his com­ the money thereby appropriated for the coming year. That I mittee which he does not favor he usually turns it over to some seek to do, and I do this upon the ground, or rather upon the gentleman who does favor those provisions, so that the bill may principle, as I stated a while ago, that you can withhold appro­ be reported and managed by a member who favors it, and not by priations entirely, you can withhold them.in part, or you can one who opposes it. place limitations upon the expenditure, so as to leave a part of the Mr. LOUD. I hope the gentleman does not desire to do me an lawinoperative. That is what I have sought to do by this amend­ injustice. This is no new phase of the case. His colleague from ment. Georgia assumed the· same position. So far as management is Mr. LACEY. Mr. Chairman, appropriation is made in various concerned, I do not assume to represent the committee upo;n this appropriation bills for ca1Tying the mails over certain lines of proposition, and I will yield to any gentleman who desires to pre­ railway, without any limitation as to the chara-cter of the cars or sent the opposite view. without any limitation, for instance, as to gas. There is a provi­ Mr. CRISP. But the gentleman puts himself in the attitude of sion put into the law designed to preservethe lives of the men who being the director, mover, and controller of a bill in the House tO areattendingtothemails on thosecars, butthatdoesnotchangeex­ which he is himself opposed, and he makes points of order against isting law. It simply provides that the railway companies that his own bill. . That is a novelty, and I call attention to it only as accept the money under this appropriation shall not heat the mail a novelty. · cars with coal oil or with stoves, but shall heat them by electricity. This provision, however, is not new or novel. It has been in the That, I say, is not a change of existing law? There is no existing 1aw Post-Office appropriation bills for many years. In 1893 a point of upon the subject. Neither can it be said to be new legislation. It order made against this identical language was determined ad­ simply imposes a condition upon thls appropriation, subject to versely by the Chair, an appeal was taken from the decision of the which this appropriation shall be accepted. It provides a method of Chair and.the decision sustained; so that the law of the House was carrying out this legislation, a means by which the Government can settled on this question. I take it for granted a decision when so avail itself from time to time of the best class of service. It might made is binding upon the Chairman and the House. occur that on a given route there are two lines, either of which The language carried in these bills for many years was simply. could carry the same mail, but one of which would do the work ";For necessary and special facilities on trunk lines," marking under certain conditions and with certain provisions for the pro­ out no particular trunk lines to which the appropriation should tection of the mail carriers and the expedition of the mails. We apply. In 1893 this identical provision was incorporated in the certainly can put into the law a provision that the line which ac­ Post-Office appropriation bill. It will be found in the RECORD of cepts the contract under this appropriation shall comply·with cer­ February 18, 1893, page 1807: tain conditions and requirements. Such a provision does not For necessary and special facilities on trunk lines from Springfield, Mass., change existing law in any respect, nor can it be sai9. to make new via New York and Washington, to Atlanta ai:J.d New Orleans. law, because it does not go any further than the disposition of the A point of order was raised against the provision-against that particular fund hereby appropriated. part of it designating particular trunk lines over which these facili­ Mr. DINGLEY. Is not that a law for one year? ties should be afforded. It was argued that such designation was Mr. LACEY. Simply with reference to this particular appro- new legislation and therefore obnoxious to the point of order. priation. Mr. LOUD. Will the gentleman permit me a suggestion? Mr. DINGLEY. But that is legislation for one year. Mr. CRISP. Yel3, sir. Mr. LACEY. But there is no existing law on the subject. Mr. LOUD. I know the gentleman wants to be correct histqr­ Mr. DINGLEY. That does not make any difference. You are ically. The remarks he has made would leave the impression making law on the subject. · that this appropriation had mentioned no particular places until 1 The CHAIRMAN. The Chair sustains the point of order. 1893. Permit me to say that the appropriati9n as carried in t~e8e I ! \

1896. CONGRESSIONAL RECORD-HOUSE. 2661

bills for a number of years designated the Atlantic Coast Line and its route. It is a train wholly under the control of the Depart­ named Tampa, Fla., as the terminus. In 1893 a point of order ment. was made that the provision included at this time in the bill was Mr. BROMWELL. Do I understand the gentleman to say that a change of law because the application of the sum was changed this subsidy given to this Coast Line or this Southern Railroad line bodily from one railroad line to another. On that point the gen­ is the only pay that the line receives from the Government for tleman's remarks might convey a wrong impression. carrying that mail? Mr. CRISP. Was that line named in the bill? Mr. BINGHAM. They get weight. Mr. LOUD. Oh, yes; the Atlantic Coast Line was named, and Mr. BROMWELL. They get weight just as the other lines do? so was the terminal point, Tampa, Fla. Mr. BINGHAM. Of course. Mr. SWANSON. The appropriation simply named certain Mr. BROMWELL. So this $196,000 is a subsidy in addition to points; it did not provide that the appropriation should be ex­ what they would get by weight for the.service? pended upon any special railroad. :Mr. BINGHAM. Yes; and the route is of that importance to Mr. LOUD. It was in the same form as this appropriation. the service, I will state to the gentleman, that it is the only way Mr. CRISP. In 1893 this point of order was elaborately argued. that train can be controlled and made subject to the orders of the The decision of the Chairman of the Committee of the Whole at Department. - that time will be found on page 1813 of the volume of the RECORD Now, an examination of this provision or rule will show that it to which I have referred. I will not read the decision, because it was adopted as early as in 1838, and until the Forty-fourth Con­ covers a column and a half of the RECORD, and I presume it is gress was always and universally construed as authorizing the not necessary to occupy time in reading the whole of it. The final appropriation for a purpose previously appropriated for, provided statement of the Chair is: it was of a character that might properly be continued, and there The Chair feels constrained to overrule the point of order, holding that the are numerous rulings to this effect prior to the Forty-fourth Con­ paragraph is not obnoxious to the rule, in that it is for a public object already gress. There are also rulings subsequent to that Congress. For m progress, and the words indicating the cities between which the special instance, we have the ruling of Mr. Wellborn, Chairman of the mail facilities are to be had are a mere limitation uyon the discretion of the Postmaster-General in the distribution and expenditure of the fund. Committee of the Whole, on February 19, 1885, at the second ses­ :Mr. DICKERSON. :Mr. Chairman, I want to ask to appeal from that decision. sion of the Forty-eighth Congress. We have also the ruling of Mr. KYLE. I offer the amendment now, Mr. Chairman, to strike out_ lYir. McCREARY of Kentucky in the second session of the Forty­ The CHAIRMAN. The gentleman from Kentucky, the Uhair understands, desires to appeal from the decision of the Chair. ninth Congress, the ruling of Mr. . Cox of New York in the Fi:f..­ :Mr. DICKERSON. I do. tieth Congress, and of ::1\Ir. BLANCHARD, which is quoted by the The CILURMAN. The question is, Shall the decision of the Chair stand as gentleman from Georgia [Mr. CRISP], on February 18, 1893, all of the judgment of the committee? which sustain the holding of this paragraph in all of the Post­ The question was taken; and on a division there were-ayes 98, noes 23. Office appropriations bills. So the decision of the Chair holding that this identical provision Volume 65 of the CONGRESSIONAL RECORD, Forty-eighth Con­ was in order on this identical appropriation bill was sustained by gress, first session (1884), shows that the same point was raised and a vote of the Committee of the Whole. If any question is settled, under consideration, and I will give the gentleman some good if any matter is to be regarded as res adjudicata, it seems to me authority in connection with the discussion which then took that it is this question. place. i quote from the argument presented on this floor at that Mr. BINGHAM. I wish to call the attention of the Chair to time: page 474 of the report of the Postmaster-General, where the Second Assistant Postmaster-General details this service from the New mi~t~ect~~2~ ~ '6lsitu~ rll.imftlyr~v'i3~~· to call the attention of the com· York starting point to New Orleans, making an exhibit of the ex­ "No appropriation shall be repo~ed in any general appropriation billt or be in order as an amendment thereto, for any expenditure not previously au­ penditure for the last fiscal year of $171,000. · Since 1889 the pro­ thorized by law, unless in continuation of appropriation for such public works viso in connection with the fast-mail service has been in these and objects as are already in :progress." words: Now, there was an appropriation made last year and for several years prior for these special mail facilities, and the point of order has been raised before. That no part of tho appropriation made by this paragraph shall be expended The ruling of the Chair has been uniformly, according to my recollection, unless the Postmaster-General shall deem such expenditure necessary in or­ that an amendment such as this now proposed is in order, because it is only der to promote the interests of the postal service. a continuation of the objects for which the prior appropriation was made, and of which the Chair will take official notice. This has been the proviso attached to this appropriation since :Mr. REED. It seems to me tha t the point of order can not be sustained 1889; and the Post-Office Department, believing that it was for the against such an amendment, and that It can be put upon broader grounds, promotion of the interest of the postal service, have made the ex­ because it is a part of the very work or business of appropriating money to carry on the mails in which we are now engaged. In making such appropria­ penditure. tions we have the right to appropriate the money for any :purpose deemed The first appropriation in connection with what is called the necessary to carry the mails, unless of course such appropriation shall be in fast-mail service was made in 1877 in this language: contravention of some existing law. Nothing of that sort can be said by any For inland mail transportation, namely, $150,000. The same may be used by possibility in opposition to the proposition made here. the Postmaster-General to obtain proper facilities from the great trunk lines It was my purpose, Mr. Chairman, to quote also the ruling of of railroad for the railway post-office service during the fiscal year ending J nne 30, 1878. Mr. BLANCHARD in the last Congress; but the gentleman from Georgia has already given that. Mr. Springer made a similar This proviso in this very or similar form has been in every Post­ ruling in the second session of the Forty-eighth Congress, in which Office appropriation bill from that date up to the bill now before he overruled the point of order, but finally submitted the matter us. The Post-Office appropriation bills passed in 1881, 1882, 1883, to the judgment of the House. 1884, 1885, 1886, 1887, and 1888 have simply this provision: Since 1877 a paragraph of this character has been carried in For necessary and special facilities on trunk lines. every Post-Office appropriation bill, and the rulings are largely in In 1889, as I have already stated, the provision was inserted giv­ the majority for its remaining in the bill. It is a continuing ing the Postmaster-General discretion for the promotion of the work, and has been so held. The train was equipped and the road postal service. has been arranged for the accommodation of this service. The Mr. Chairman, the rulings have been, I think, uniform in almost train has been run under the control of the Department, and it is every Congress. The point of order has been raised again and the only way the Department can have the service and control it. again against this provision. I believe that at one session the I think the conclusion has been reached by every Chairman, provision was not reported in the bill by the Post-Office Commit­ when this question has been under consideration, that the para­ tee, but an amendment was offered in the Committee of the Whole graph is properly in the bill, that it has been there for all of these upon which a point of order was taken on which the Chairman years, and that, as reported to-day by the Committee on the Post­ declined to rule, because he desired the decision of the House, and Office and Post-Roads of this House, it should remain. by the express act of the House the amendment was inserted as :Mr. SETTLE. Mr. Chairman, I desire only a word or two in proposed, although not reported by the committee. reply to the point of order made on this proposition by my col­ The language of the rule is "unless in continuation of apprf)­ league, the gentleman from California, chairman of the Commit­ priations for such :publicworks and objects asarealreadyinprog­ tee on the Post-Office and Post-Roads. I am a ware, as is the House, ress." That is the language of Rule XXI, clause 3, under which of the constant opposition of the gentleman from California to the point of order is made. Mr. Chairman, the word "object," this proposition. It has been carried, however, by the Post-Office which has been referred to so much in discussing this point of appropriation bills for a number of years past, and against it order, is defined by Webster as ''that on which we are employed." points of order have been repeatedly made, and every-time, I be-, Certainly we are employed on this work. This service is by a lieve, overruled. train wholly and absolutely under the control of the Post-Office When the provision was being coMidered by the Committee on Department. It does not come under the general statute with re­ the Post-Office and Post-Roads there was a proposition submitted, . gard to inland mail transportation, to which reference has been which immediately follows this one, and also one immediately fol­ made and in which are specified amounts to be allowed for weight lowing that, of a similar character-that is to say, an appropria­ and space. It is a special train which the Department controls as tion for the other roads named in the bill to supply mail facilities to its hour of departure, as to its speed, as to the points at which for other sections of the country. It was the opinion of the com­ it shall stop, and as to the time at which it shall reach the end of mittee, after discussing the matter, that they should be put into / 2662 CONGRESSIONAL RECORD-HOUSE. MARcH 10, the bill as separate items, for the very reason that if a lump sum Postmaster-General, for special mail facilities, to pay this amount. were put in, covering all of these roads, the entire paragraph As said by the gentleman from Pennsylvania [Mr. BINGRAM]­ would be obnoxious to the point of order; and in order that this and I want to invite the attention of my colleague, the gentleman provision, which has been in the bill fo1· so many years, should from Ohio [Mr. BROMWELL], to this fact-the schedules of these not be ruled out or become obnoxious to the point or order, if trains on the roads receiving these moneys are fixed by the Post­ ,raised, the committee voted that it should be inserted as a separate Office Department. One of these trains leaves New York City at 4: item, and that the other provisions which might, perhaps be sub­ o'clock in the morning, receiving at that time mail from Boston ject to the point of order should stand as independent items in and other sections. Leaving at that hour, it can not receive much the bill. passenger traffic. It is not allowed to stop where the railroad I wish to say to the committee and my colleague that there are officials would like to stop it for the purpose of passenger traffic, certain provisions of the bill that did not meet with my hearty but its stops are regulated by the Post-Office Department. Its approval; but inasmuch is it was the act of the committee, I have schedule js fixed by the Post-Office Department. and the entire indorsed and supported the bill as a whole, and I understood from control of it is under the government of that Department. a question propounded to the chah·man a day or two since by the Now, this road can not run a train fpr the pm·pose of increasing gentleman from New York [Mr. QUIGG] and the response thereto the mail facilities from Boston to Washington via New York, then that the chairman himself, while he had consistently opposed this from here via Lynchburg, Danville, Charlotte, and tm·ough the provision, was not going to make a point of orde1· against it now entire South, cOimecting with New Orleans~ close connections, and or to oppose it; but having reported the bill and being in charge supplying Mexico with its mail, connecting with steamers for Cuba of it that he would not make this point of order. at Tampa. All of this schedule is with a view of putting mail into Mr. LOUD. Let me say that the gentleman never said anything that mail schedule, and the schedule, as I said, is arranged bv the ·of the kind. Post-Office Depal"tment. I re pectfully submit to the Chair that Mr. SETTLE. I read from the RECORD, page 2561: the precedent stated where this point has been frequently made Mr. Loun. M.r. Speaker, I ask consent that general debate be closed in one and each time overruled is one that should govern in the present hour, and that the time be equally divided. case. f Applause.] Mr. QUIGG. An hour on both sides? Mr. LoUD. Half an hour on each side, if there are two sides. I was not 1\Ir. MILLER of Kansas. Mr. Chairman, I shall not stop now aware that there were. to discuss the merits or demerits of these various provisions in Mr. QUIGG. I think if the gentlema.n will state frankiy whether he intends this bill for special facilities. Upon this point of order such a dis­ to attack any portion of this bill- cussion is not germane. I submit to this House that these various At that point the gentleman from California [Mr. Loun] inter­ items which follow in this bill, against which the gentleman who rupted and said: has just taken his seat stated some objections, are equally meri­ I have exhaust-ed my time upon this bill, and I am now simply seeking to torious with those proposed in the item now under consideration. accommodate other gentlemen who desire to debate it. Mr. SETTLE. The gentleman will permit me to say, in order I may have misunderstood th,e impression intended to be con­ to put myself straight, that I am not opposing these propositions, veyed by the gentleman, but the impression left on my mind by but shall vote for them. - the manner in which he responded to the interrogatory of the Mr. MILLER of Kansas. But, Mr. Chairman, in the discu sion gentleman from New York was that the gentleman, notwith­ of this proposition he states something as the action of this com­ standing his personal opposition to certain features of this bill mittee, of which he is a member, which I deny, and that is that which had been put into it, not by his act, but by the act of the the committee said by any vote or otherwise that the two follow­ committee, that he, being in charge of the bill, was going to stand ing provisions are subject to a point of order and this is not. by it. If it is understood that, this bill being tne joint product of It is not fair to submit what takes place in the committee room, the committee, we are not bound by it as a committee upon this but I say a discussion arose there as to what questions would be floor, I should like the chairman of the committee to announce raised, and it was thought better by all that they be submitted as that policy, because there are certain other provisions in the bill separate propositions; but that the committee said that the follow­ on which I should like to submit amendments. ing items would be subject to points of order or anything of that Mr. LOUD. Will the gentleman submit to a question right kind-no such ruling was made. . there? Now, Mr. Chairman, at some time in the history of these appro­ 1\Ir. SETTLE. Yes. priation bills this item under consideration was a new it€m, and Mr. LOUD. I will ask the gentleman if he did not stand up at that time the point of order was made against it, and what was here the other day and vote in favor of an amendment offered by the ruling of the Chair? Simply that it was in pursuance of "an the gentleman from Iowa [Mr. HEPBURN]? object already in progress," that of carrying the mails throughout Mr. SETTLE. Yes; because, as stated by the chairman of the the United States. That item has been in every single Post-Office committee himself, the effect of that was not to change conditions appropriation bill for sixteen years. It is true that in 1893 a actually in existence, but was rather to direct the discretion which ruling was made by the Chair that has been quoted here. It was was already conferred upon the Postmaster-General, so that it was a new item. Previous t.o that time they had not fixed the termini a mere matter of form and not a matter of substance. of the road. Previous to that time the lines were not designated Mr. LOUD. I do not question the motive of the gentleman, over which it was then designed for it to go. So that at that but he reserved the right to oppose certain portions of this bill, as time the ruling which the gentleman from Georgia says is con­ I understand it. I opposed this portion in the committee, and the clusive upon this cemmittee was conclusive as to each one of the gentleman did not oppose in the committee the provision that was items in this bill, on the ~ound that it was carrying out ''an ob­ voted upon the other day. ject already in progress, ' to wit, carrying the mails throughout Mr. SETTLE. I understand the gentleman has consistently the United States. opposed this provision throughout his term in Congress. Now, sir, there is in this bill an item of 27,000,000. Will any Mr. LOUD. But you did not oppose the other provision in the gentleman here presume to state that if this committee had seen committee. fit to separate these items into detailed statements of the roads Mr. DOCKERY. Will the gentleman allow me to ask him a over which the mails should be carried, that it would be subject question? to the point of order? Not at all. I say that under the general Mr. SETTLE. Yes. provisions of law the Postmaster-General may designate these Mr. DOCKERY. I understand t]?.e gentleman tosaythatin the very routes over which it is proposed to carry these mails here opinion of the committee these three items stand upon a different now under exiSting law and appropriati0ns that are made, if the footing in so far as points of order are concerned? appropriations for inland mails are sufficient. But they say, as Mr. SETTLE. That was the opinion entertained by a number did the gentleman from California [Mr. Loun], that that would of gentleman, and expressed. be against the existing law in regard to the weighing of the mails. Mr. DOCKERY. In the committee? I want to call the attention of the Chair to the proviso that is Mr. SETTLE. Yes. added to each one of these items, and that is that it shall be made Mr. DOCKERY. I desire to know the judgment of the gentle­ in accordance with the discretion of the Postmaster-General. He man on that question. may require, in the expenditure of this money, that it shall be · Mr. SETTLE. I do not know that that would shed any light done at the pound rates or at the ton rates as provided by law upon the subject, and certainly it would not guide the gentleman now, so that in making these expenditures he may pay simply in his action. so much of this money as is required to carry the mails, and he Mr. DOCKERY. If the New Orleans proposition is in order, may make it on the exact items of cost now provided by the law the second or Kansas City .proposition, which is fully as merito­ in regard to the transportation of mails throughout the various rious, if not more so, should be retained in the bill. lines in this country. So I say, Mr. Chairman, that this item is Mr. SETTLE. Thegentlemanmustdrawadistinction between not subject to the point of order, becat"tse any provision of law an appropriation carried in a regular appropriation bill for a series carrying with it this appropriation is in order when it is for the of years and a new proposition to extend to other routes and other transmission of the mails throughout this country. Now, the gentleman from Pennsylvania read here a statement ternN"toryMr. rn..~:~~- ~.:~ • • • this bill. th . the __ ow, _.. . _v.J..UULllLW.J., IIJ.LIJ:t proyiBion m a.u: onzes · _ made by the- present .Speaker of this House upon this yery appro- I c

1896. CONGRESSIONAL RECORD-HOUSE. 2663

priation. He laid down the rule that it was not subject to the of furthering mail facilities throughout the country. Now there point of order because it was carrying out a general provision for have been ingrafted upon the pending bill, as might have been carrying the inland mails of the country; and I say, further, that expected, two additional paragraphs of like nature, without, of it can not be claimed here that it is subject to the point of order course, even the pretense of being an object heretofore author­ because it changes any existing law, for the reason, as I have said, ized by the so-called law of an appropriation. Of course, if this that it is within the power of the Postmaster-General, to carry out sort of business is to be initiated, and is to go on, every railroad the provision of the law, to make this cost exactly in accordance in this country is likely to reach out for this additional subsidy with the law now provided for canying the inland mails; and it or additional compensation not authorized by law. has been ruled in this House, and I think by this very Chairman, I remember that in Postmaster-General Wanamaker's adminis­ that the point of order made here, that there is an existing law, cuts tration he stated in his report that the appropriation made by this no figure, because all of these items enumerated in the bill expire paragraph did not expedite or improve even this particular serv­ with the fiscal year for which the appropriation is made. So I say ice, and that it caused a great deal of trouble in arranging \vith that every one of these items stands upon precisely the same foot­ other railroads. He said, in substance: "You have given extra ing and neither one of them can be subject to the point of order. compensation to one line of road; now give it to all or t-o none." I say, gentlemen, further, that these items following the one He said that this special compensation to this one line acted :18 an that is now under consideration ought each to be allowed by this obstruction to the Department ·in dealing with the railroads House; and I say that the same reasons apply to the item from throughout the country. Kansas City to Newton that apply to the southern line to New As I have said, at least twice this particular paragraph has been Orleans. Over that line of mail to Texas and California it will held in order because it was in continuation of an object previously make a saving of twelve hours' time, and I submit to this House authorized by law-and two years ago the House in committee that in those Southern and Western districts these special mail sustained the decision-and if it is to be held in order now it must facilities are necessary for the accommodation of the people. Gen­ be so held on that and no other ground. Now, this point does not tlemen must remember that in that part of the country we do not apply at all to the two paragraphs that follow, because it is not have mail trains six and eight times a day, as you do through the claimed that they are in continuation of an object authorized by East, and when you can make a saving of twelve hours in the any existing law, not even by a provision in an appropriation bill. transportation of your Southern, Southwestern, and Western mails, Mr. :MILLER of Kansas. I will ask the gentleman whether at it is an object that you ought to be eager t-o attain so as to give the time when the ruling was made by the gentleman from Loui­ the people of the West and South the advantage of such additional siana (Mr. BLANCHARD], which was read by the gentleman from mail facilities. Georgia, this was not a new item? Was it not an item fixing the There is another item in the bill that I wish to bring to the atten­ termini at different places from those named in preceding bil.}::)? tion of this committee, though I do not know that I ought to do Mr. DINGLEY. Oh, certainly. There was a variation of the so upon this point of order. A mail train leaves Kansas City upon Southern terminus, but he held that the paragraph was in con­ the Santa Fe route at night, and there is another at 10 o'clock in tinuation of an object authorized by1Uisting law, the facilitation the morning. Now, the train contemplated here is to leave at 3 of the service on this particular line. I thought the ruling made o'clock in the morning. The mail in Kansas G'ity is gathered at 6 at that time was improper; I still think so, notwithstanding the o'clock in the evening, and all matter deposited after that is left Committee of the Whole sustained it. ovei until10 o'clock the next day. That 10 o'clock train is carry­ In this connection I may say an "object previously authorized ing the general mail, but the train leaving at 3 o'clock, which this by law" had always previously to that ruling, so far as my obsel·va­ item provides for, will overtake it at Newton. As a result of that, tion e.A'iended, been construed to cover objects authorized by per­ the general mail now being paidforbythe Department in the gen­ manent law-not objects authorized for a single fiscal year by an eral service will go on this train running to Texas and CalifOI:;nia, appropriation in an appropriation bill. The mere placing of a and the figuring out of the proposition is that this item of 681,000 particular appropriation in an appropriation bill for any particu­ really will not cost the Government to exceed $15,000 or $20,000, lar fiscal year, beginning with the year and ending with it, does while there will be a saving of twelve hours on all the mail for not make permanent law, and the object refened to in such a Texas and California over the Santa Fe system. provision is not a continuous object. But I admit the contrary So, Mr. Chairman, I say that upon these different propositions was held with respect to this item, and because this improper de­ the merit is with the subsequent items as well as with the first, cision was sustained by the Committee of the Whole on that occa­ and they are no more subject to the point of order than the first sion, the present Chairman may feel himself constrained to follow is, and they ought to be retained in the bill because they consti­ that bad ruling on the first paragraph. tute good legislation in the interest of the people who need these Mr. LINNEY. Allow me to ask this question: In all matters special mail facilities. of doubt, is it not always the safer course to follow precedent? Mr. DINGLEY. Mr. Chairman, this is a very important point Mr. DINGLEY. Personally, I do not think there is any doubt of order that has been raised, not because of the few pa1·agraphs in the mind of any gentleman who has judicially examined the to which it may be applicable here, but because of what may re­ ruling refened to. Let me say to my friend from North Carolina sult in the future if it shall be held that there may be reported that if it should possibly be ruled that new items of this character by the Postals Committee, or moved as an amendment on a postal maybe placed on this appropriation bill from year to year, giving appropriation bill, a proposition giving to any particular railroad to any particular railroad company a subsidy or additional compen­ of this country an extra compensation for carrying the mails. sation not authorized by law, there is not a I'ailroad company in All the railroads of this country carrying the mails, except the the country that would not come in and ask for such a subsidy. special line mentioned in the first paragraph, are now paid at one And gentlemen representing any district where there is such a uniform rate, dependent upon the weight of mail that they caiTy. railroad would be obliged to present an amendment for this pur­ That is the law without exception. pose. And when such amendments are held to be in order, no­ Our rules provide that no appropriation shall be reported in a body can tell what would happen, especially if all the railroad general appropriation bill, or moved as an amendment thereto, companies interested in the matter should combine. unless authorized by law, unless in continuation of a work or Gentlemen must see what such a ruling would open up, with object previously so authorized. The paragraph against which all the railroads of the country claiming a subsidy or additional the point of order has been raised has, since 1878, varied that rule compensation for carrying the mails. There is no trouble now in. of compensation established by law in the case of one particular securing the best possible mail service from all raih·oads for the line of railroad. That -paragraph went into the bill originally compensation provided bylaw. That transportation is being sat­ without the point of order being raised against it, on the plea that isfactorily provided throughout the country, and all the railroad it was important to have this fast mail running from Boston to companies are satisfied with the compensation fixed by law. If Tampa, Fla., and that such extra compensation ought to be given, we begin giving additional compensation to one line other lines in order that we might secure close mail communication with will want it. · Habana, Cuba. The provision was put into the bill originally Hence I say, that while I think the ruling made twice in this for the purpose of expediting our foreign mail service to Habana. House on this first paragraph has been wrong, yet if that ruling It has been in the bill every year since that time. Points of order is to be sustained in this case on the ground that it has been held have been raised against it since it was first put on an appro­ that here is an object :previously authorized by law, because it priation bill on at least two occasions, and the paragraph has been has been provided for in an appropriation bill for several years, sustained as being in order, on the ground that it wa.s for the con­ still that principle must not be held to apply to the new items tinuation of an object already in progress, to wit, the running of that appear in this bill, for no one pretends that they are objects this particular train expeditiously, and therefore, as held, an object heretofore authorized by law. already authorized by law-the law, however, being only the ap­ Mr. BROMWELL. The gentleman from Maine has said, as I propriating clause for each year. It has never been held to be in understand, that the original object of this appropriation was to order except upon that ground. expedite foreign mails. . · · · This paragraph, therefore, stands on a very different basis from Mr. DINGLEY. Yes, srr; the mail to Habana, by way of that on which the paragraphs following it in the bill stand. The Tampa. object authorized by law-has-always been held to be the expe­ ·Mr. BROMWELL. And the terminus of this subsidized route diting of this line of mail, not the mere general indefinite object has now been changed? ) \

-I 2664 CONGRESSIONAL RECORD-· HOUSE. MARCH 10,

Mr. DINGLEY. Yes, sir. In other words, that if this had been an original proposition.he Mr. BROMWELL. Does the gentleman from Maine see any might have held differently, but he found that similar proposi­ difference between the right of the roads constituting the route tions had been held in order for consideration in the H ouse on as now changed, and furnishing only inland transportation-the previous occasions, and that such being the case, and the rules of appropriation being practically for expediting fast mails between the House being the outgrowth of the construction placed by the New York and New Orleans-does the gentleman see any differ­ House itself and by its presiding officers on questions of this char­ ence between the right of that line to demand a subsidy and the acter, he would hold the proposition to be in order. And it was right of the Baltimore and Ohio Company to demand a subsidy held to be in order, because as the law is made with reference to for carrying the mails from Washington to St. Louis, or the right the decisions of the courts, so the rules of the House are made of the Cincinnati Southern Railroad to demand a subsidy for car­ with reference to the previous construction given to them by the rying the mails from Cincinnati to New Orleans? House itself. Mr. DINGLEY. Not at all. As I have already said, I believe Now, here is a proposition that the gentleman from Maine is the whole thing is wrong. But it must be borne in mind that this discussing with reference to its propriety, as to why it is a good change has not been made in this bill; it was made in previous thing to give to the Atlantic Coast Line, which supplies the South bills. I think that even this provision ought to be held out of and Southwest with speedy mail communications, the appropria­ order; yet I can see some force in the claim that has been made tion provided iri: the bill. But t hat is not the question with which for ruling it in order from the fact that it has been in previous the Chair has to deal. 'l'he question is whether we are infring­ appropriation bills. I can see how it may be contended, as my ing upon existing law; and in view of the precedents heretofore friend from Philadelphia has contended, that this is "an object established it seems to me it is the duty of the Chair to overrule previously authorized by law." I think such a construction does the point of order and to follow the precedents which have becn'D.e not come within the intention of the rule. I think the intent ion the rules and practice of the House. of the rule is that the object should be authorized by permanent When the question as to the wisdom of the appropriation comes law-not simply by a temporary appropriation operating for a up it will be within the power of the House to strike out that single fiscal year. portion of the bill, if it sees propar, and a motion to strike out But the point to which I am now calling attention particularly will be entirely within the rule for consideration. is that even if that view be taken it should not be held to apply to Mr. SWANSON. Mr. Chairman, I desire to make simply a any new authorization. statement with reference tQ the point of order raised. Mr. QUIGG. It is quite true, is it not, that these lines which As has been well stated by the gentleman from Iowa [Mr. formerly connected at Tampa still make mail connection with LACEY], we must consider that our rules were adopt ed with ref­ Habana? erence to the precedents that the House itself has established in Mr. DINGLEY. Oh, I assume that they do through other lines. regard to them. It will be improper for the Chair t o overrule the Mr. QUIGG. So far as the connection with Habana is con­ previous decisions interpreting the meaning of a specifi c rule, cerned there is simply anotlier terminus. because it is presumed that the House concurred in that interpre­ Mr. DINGLEY. My own belief is that the mere fact that this tation by reason of the fact that the rule has not been changed in provision has been carried in the appropriation bill from year to that regard. year, even for seventeen years, is not an authorization of the ob­ The CHAIRMAN. The Chair is ready to rule upon the que~tion ject by permanent law within the contemplation of the rule. Cer­ of order. tainly there is not even this slight peg on which to hang a deci­ The point of order is raised upon this provision of clause 2 of sion that the subsequent paragraphs making appropriations for Rule XXI, which contains two propositions: additional compensation to new lines never before mentioned in 2. No appropriation shall b e r ep or ted in any gener al appropria.tio::1 bill, or appropriation bills are not new legislation. be in order a.s an amendment t heret o, for any expenditure not previously auth orized b¥ law, unless in continua,tion of a ppropriations for such public :Mr. GROUT. Why, of course, it would laat only for the cur­ works and ob .1 ec.ts a.s are already in progress; nor sh:lll any provision changing rent appropriation. existing law be in order in any gener al appropriation bill or in any amendment Mr. DINGLEY. That is my idea. But I have in mind the thereto. fact that the Chairman of the Committee of the Whole in the On the last proposition in that clause of the rule the Chair would last Congress held that because this appropriation had been in the be in no doubt whatever but that the point of order was well taken, bills for some years previously it came within that class of appro­ because the Chair finds that the general law upon the subject is priations previously authorized by law and was, in other words, a that the pay per annum per mile shall not exceed the following continuing object. I disagreed with him at the time in that posi­ rates, which are specified, and tb:is appropriation is in excess of tion, and I have seen no reason to change my judgment since. the amount provided by the general law. Now, this appropria­ [Applause.] tion has been in the appropriation bills for the last seventeen years, Mr. CANNON. If the gentleman will allow me a moment, 1 an excess over the amount limited by the general law, for sub­ understand the gentleman to say that an appropriation for the stantially this route; and it is claimed-- current year, while it would be legal to expend it, does not con­ Mr. LOUD. Not substantially the same route until two years stitute law or authorize, in the language of the rule, an appro­ ago. priation for the coming year? The CHAIRMAN. Well, for this exact route for two years, and Mr. DINGLEY. That is my view. I think that with the ex­ substantially this route for a large portion of the time; but the ception of the decision on this particular paragraph referred to general proposition has been in the bill for seventeen years. that has been the uniform trend of decisions. Now, it has been claimed heretofore-perhaps not so strenuously Mr. GROUT. It is not law beyond the life of the appropria­ to-day-that placing that item in the appropriation bill for the tion bill. year changed the existing law not only for the time the appropria­ Mr. CANNON. I only wanted to get the matter clearly before tion took effect, but for all time thereafter. The present occupant the committee. of th~ chair has expres ed himself upon that question before, that Mr. LACEY. Mr. Chairman, the present rules of the House such ap~ropriation only changes the law for the year for which were adopted with reference to the previous decisions of the the appropriation is made; that it does change the law as to that House and of its presiding officers in the past, and when it is con­ year, but for no subsequent year; and if this was the only clause ceded that for seventeen years this provision has been held to be in the rule the Chair would feel constrained, notwithstanding the admissible under the rules of the House on an appropriation bill, decisions of previous Congresses-so plain is the law and the rule when the rules were substantially as they are now, that seems to in that regard-to sustain the point of order upon this second me to be a.confession that this provision is not amenable to the proposition. point pf order. But there is another provision in the rule, to which the Chair Mr. BINGHAM. It has certainly been a continuing object. will call attention: Mr. LACEY. In the last Congress this question came up be­ 2. No appropriation shall be r eported in any general appropriation bill, or fore the Chairman of the Committee of the Whole, Mr. O'Neil, of be in order as an amendment ther eto, for any exp endit ure not previously Massachusetts, then presiding, on an amendment to the Indian authorized by law, unless in continuat ion of appropriations for such public appropriation bill, and there was a discussion covering this same works and objects as are already in progress. point. A proposition was inserted in the bill for the disposition The Chair has examined the decisions made upon this question of some of the Indian lands. Modifications were made in the ex­ in former Congres es. There are three or four distinct rulings, isting law as to their disposition, and a point of order was made and generally the ruling of the Chair has been ba.sed upon the first upon the provision. It was said that there was a general law cov­ proposition in this second clause of Rule XXI, that this was in con­ ering the matter and that the House could not change the general tinuation of objects already appropriated for. That may be a law upon the appropriation bill. The Chairman of the committee, strained const1·uction of that clause of the rule. If it was an however, said in ruling against the point o~ order: original proposition, and there never had been any decision by any previous House, the .Present occupant of the chair would be in­ The Chair finds, upon looking at tbe matter, that it is the universal ens­ tom in considering these treaties to modify and change them just as is now clined to view the second clause of that rule as applying to all cases: being done in the present bi.U, and that it is not only true of Indian treaties, Nor shall any provision changin~ existing la.w be in order in any general as the Chair understands. but it is also true of other treaties. · appropriation bill or in any amenament thereto. i I

1896. CONGRESSIONAL RECORD~HOUSE. 2665

The Chair would be inclined to hold that that second clause ing to all that has been said, and I have been trying as intelli­ covered every case; but after consideration by different members gently as I could to apprehend what is meant by this 1·ule in of the House who have occupied the chair, and the reasons that question; and I can not but feel that the. statement of the rule as have been given after full debate, and also in view of the fact that given by the gentleman from Maine [Mr. DINGLEY] is a correct the committee has on one occasion at least, by a large majority, one; that the mere fact that this subsidy for the Southern Line sustained the Chair in that ruling, the Chair is inclined to follow was in the_last year's appropriation bill is no reason in the world the precedent thus set, and to hold that this paxagraph is in order why it should go in again. If it be true that no new legislation under the first proposition of the second clause of Rule XXI, as being is now proposed in this subsidy, then I can not understand what in continuation of an object already appropriated for and author­ objection there should be to our proposition to give subsidies to ized by law, although that author:ization is limited to the present other lines equally meritorious. fiscal year. The Chair therefore overrules the point of order upon The CHAIRMAN. The Chair sustains the point of order. that ground. Mr. LOUD. Mr. Chairman, I desire to call your attention to Mr. LOUD. L move to strike out the paragraph; and in sup­ one thing here which may be a little embarrassing in relation to port of that I desire to be very brief, because I have gone over this the ruling the Chair made on the preceding paragraph. The only ground very thoroughly heretofore. ground that the Chairman had to stand upon there was "in con­ Before going into the matter~ I desire to call the attention of the tinuation of appropriations for such public works and objects as Chair to one point or one difficulty that possibly may confront are already in progress." Although the work in progress may be him her~after in his ruling. a public building or the improvement of river and harbor works, Mr. BROMWELL. If the gentleman will allow me, I have an of course the Chair does not mean to assume that we can go on in amendment at the desk which should be considered before the gen­ an appropriation bill beyond the amount of money that has been • tleman's motion is considered, and I ask the gentleman to with­ provided by statute. As as illustration, if we appropriate for the hold his motion until my amendment can be offered and voted construction of a public building and limit the cost to $250,000, upon. the Chair can not assume, ''for the continuation of a work already Mr. LOUD. Very well, Mr. Chairman; I will yield for the pur­ in progress," that we can in an appropriation bill-in the sundry pose of allowing the gentleman to offer his amendment. _ civil appropriation bill-go beyond the limitation fixed. Now, The amendment of Mr. BROMWELL was read, as follows: then, Ihavestated thefirstpropositionof the Chairman. Of course Strike out in lines 17 and 18 the words "one hundred and ninety-six thou­ you can not reverse yourself, but you see you may get tangled up sand six hundred and fourteen dollars and twenty-two cents"; and insert in these propositions before you get through. after the word "Orleans," in line 17, page 8, the following words: The law provides that railroad companies shall receive such au "And from Cincinnati, Ohio, by way of C'hattanooga, Tenn., and Birming­ ham, Ala., to New Orleans, La.; and from Washino-ton,D. C., by way of Cin­ amount of money for mail pay. Within that, of course, Congress cinnati, Ohio, to St. Louis, Mo.; andfromKansasCity, Mo., to Newton, Kans.; has the power to appropriate, but beyond that it is exactly a par­ and from Chicago, ill., to Council Bluffs, Iowa; and from Chicago, ill., to allel case with a public building. You have no power, except by Minneapolis, Minn., seven hundred thousand dollars." special legislation, to go beyond the proviso contained in the stat­ Also, strike out the words commencing with the beginning of line 23, page 8, and ending with the last word in line 11, page 9. ute enacted. I think, Mr. Chairman, that if the preceding pro­ visions were in order this amendment must be. I can not see Mr. CRISP. I make the point of order against that amendment. how it can stand upon any different plane, because it.is subtan­ Mr. DINGLEY. The last part of that is inapplicable. tially the same character of work. The Chair himself gives no Mr. CRISP. I make thepointof order on thatundertheruling force to the argument that it has a standing before this House be­ and decision just made by the Chair. I hope the gentleman will cause it was in a previous appropriation bill, but only recognizes not seek to embarrass this matter. it as in continuation of work already in progress. Now, that con­ Mr. BROMWELL. Mr. Chairman, this matter of the point of sideration must necessarily apply to this as well as to the other order upon this proposition has been so thoroughly discussed that paragraph; it is in furtherance of the work of expediting the mail. I do not care to make any argument upon it. I merely wish to Mr. COUSINS. Mr. Chairman, I would like to ask the gentle­ say this, that I can conceive of no reason in the world why this man in charge of the bill, Who is responsible for the paragraphs one line should be given a subsidy of $196,000 while other lines are which have been discussed during the last four or five minutes? now carrying fast mails without any appropriation from the Gov­ On whose recommendations were these several subsidies inserted ernment and many of them are can-ying mails for which they are in the bill? Have they been recommended by the Post-Office De­ not paid at all. · partment? Mr. MEREDITH. I think the gentleman is not speaking to the Mr. LOUD. I will say to the gentleman frankly that the Post­ point of order. masters-General for years have condemned this system in unmeas­ Mr. BROMWELL. Well, I think I have the right to talk as ured language. Even the present Postmaster-General, though I please upon the point of order-for a few moments anyway. perhaps he may have voted for this at some time, condemns it in [Laughter.] Why should we give this subsidyexclusivelytothis unmeasured language. This is nota certified item. !tis not sub­ one line, to the exclusion of every other line in this country equally mitted by the Department to the committee. As to who is re;­ meritorious? Now, I propose by this amendment to tap this line sponsible for it, permit me to say to the gentleman that if I knew to which this subsidy is given, the Coast Line, at Washington City, I could not divulge it. and see that a fast mail goes West as far as Cincinnati and St. Mr. COUSINS. I think there are one or two of these items that Louis for distribution, and also to tap it again at Cincinnati, so have no precedent in former appropriation bills. For instance, I that a fast mail may go through the Southern States to the Gulf. read a paragraph which appropriates $100,000 to improve tha Now, Mr. Chairman, I shall speak to the point of order. facilities for carrying the mail from Chicago to Council Bluffs, Mr. MEREDITH. I do not want to be discourteous to my friend. and prescribing that the mail shall be carried via a certain route. Mr. BROMWELL. I have endeavored with all the intelligence Now, I do not understand that any such provision as that has at my command to try to master the meaning of these two pro­ been passed in previous appropriation bills. Somebody must be visions which have been quoted from our rules in the points of responsible for the recommendation of a paragraph of that kind. order that have been raised. I can not understand, and I do not Do I understand the chairman of the Committee on the Post-Office desire to reflect upon the Chair, how the ruling of the Chair on and Post-Roads to say that he does not know who is responsible? the point of order which has just been raised and decided was Mr. LOUD. · I said that if I did know I should not tell. [L·augh­ made. It seems to me that they are two independent rules, and ter.l if an amendment which is proposed to a bill comes within the Mr. COUSINS. Ohl fLaughter.] meaning and the provisions of either one of these rules, that it is Mr. LORLl\fER. · Mr. Chairman, if the gentleman will permit subject td'the point of order. I can not understand how the Chair me, I will give him the information he desires. can say that if that second rule alone had been in existence and the Mr. COUSINS. That is what I am after. first had not been there he would have decided the point of order Mr. LORIMER. Just before this bill was ordered to be reported well taken, and afterwards say, in spite of this second rule, to the House, we had up for discussion in the committee this item which prohibits any new legislation on an appropriation bill, in for fast-mail service from New York by way of certain Southern spite of that, because his predecessors sitting in the chair as Chair­ cities. At that meeting there was inserted an item of $81,000 for men of the Committee of the Whole have so decided that under the expediting the mails from Kansas City to Newton. At the same first section of that 1·ule the point of order is not well taken against time I discovered that a committee of citizens of Chicago had .been this particular subsidy. · before the Committee on the Post-Office requesting that an item of These are two entirely distinct and separate rules; and if this $100~000 be inserted in this appropriation bill for special mail facili­ amendment is subject to the point of order under either one· of ties from Chicago to Council Bluffs by way of the Burlington road. them it ought to go out now. Then, if the Chair can sustain this, and on my motion this paragraph was placed in the bill. Since that is, the provision which is now in the bill reported by the the bill was reported I have learned that we have three other roads . committee, and say that the point of order can not be rai~d running from Chicago to Council Bluffs that can just as well handle against it because it ;was in last year's appropriation bill, it seems the mails as the one that would necessarily be compelled to carry to me that there can be no reason given why this amendment I them if this item remains in the bill in its present shape, and for propose may not go into this bill. As I say, I have been listen- that reason I have prevared an amendment to strike out ''by way \ \

2666 CONGRESSIONAL- - RECORD-HOUSE. MARcH 10, of Burlington," which will leave the matter open to competition friends claim that it gives the city of New Orleans an expedited between the four roads running from Chicago to Council Bluffs. mail. The New Orleans Board of Trade has come here urging the Mr. COUSINS. Mr. Chairman, that is entll:ely satisfactory. continuation of this train, saying: "Don't take off this train; if I simply wanted to know who fathered this provision, and to know you do it will ruin our industries." Sir, this train anives at New why it was limited to one route. I do not wish to be understood Orleans, when it is on time, at 8.30 p. m. The mall which it car­ as being against any kind of increased facilities for carrying the ries can not reach the post-office earlier than 9 o'clock. Where is mails from Chicago to Council Bluffs. I am in favor of increased the business man who is waiting to receive that night the letters facilities, and I would like to have as many such facilities as pos­ which arrive at the post-office at 9 o'clock? There is no delivery sible. For instance, it might be a good thing to have the lines that night, of course. Now, sll:, the regular mail train arrives in that run most dn·ect from Chicago to Council Bluffs recognized New Orleans at 7.40 a.m. As a matt.er of course the two mails, in this provision for increased facilities. so far as that city is concerned, could both go upon this train Mt·. DINGLEY. Mr. Chall:man, is there not a point of order which arrives in the morning. Gentleman, I do not believe there pending? · are twenty men in this House who, if they would calmly investi­ The CHAIRMAN. There was a point of order pending, but the gate this question without outside surrounding infiences, would Chair sustained it, and after that some discussion was had. vote for this appropriation. Mr. DINGLEY. Then is there any other amendment pending? 1\Ir. TAWNEY. May I ask the gentleman a question before The CHAffi~IAN. There is no amendment pending. he takes his seat? Mr. DINGLEY. I understood the chairman of the Committee Mr. LOUD. Well, if I am confined to five minutes I would on the Post-Office and Post-Roads to move to strike out the para­ rather not undertake to answer questions. · graph. 1\Ir. TAWNEY. I simply want to ask the gentleman a single The CHAIRMAN. He did, but afterwards withdrew the mo­ question in the line of his argument. Is it not a fact that for • tion. more than ten years the Chicago, Milwaukee and St. Paul Rail­ Mr. BROMWELL. Mr. Chairman, I think that motion was road has furnished these special facilities for carrying the mails withdrawn only temporarily. Does not the chairman of the com­ between Chicago and Minneapolis without any subsidy what­ mittee intend to renew his motion to strike out this paragraph? ever? Mr. LOUD. Yes, sir; I move to strike out the paragraph. Mr. LOuD. Oh, yes; and the Chicago, Burlington and Quincy The CHAIRMAN. The amendment will be read. and many other raih·oads of the country have done the same. The The Clerk read as follows: NewYorkCentral, running an exclusively fast-maH train between Amend by striking out, on page 8, lin.es from lito 22, inclusive. New York and G"'hicago, a train upon which not a single passenger is carried, receives from the Government not one cent in addition Mr. QUIGG. Mr. Chairman, if the gentleman from Califor­ to the regular mail pay. The New York Central was formerly a nia will allow me to ask him a question, I should like to call his participant in this subsidy; but that company at last said to the attention to the statement he made a moment ago that the present Post-Office Department, "Under the regular system we shall be Postmaster-General and preceding Postmasters-General have con­ well paid. We do not desire to participate further in this fund; demned this appropriation for special mail facilities. In connec­ we believe it is a disturbing condition; we refuse hereafter to be tion with that statement I wish to call his attention to a proviso participants in th-e fund." contained in the bill: Our New England fi·iends, of course, have in many instances Provided, That no portion of the appropriation made by this paragraph advocated this subsidy, assuming that they shared in its benefits. shall be expended unless the Postmaster-General shall deem such expendi­ But, sir, this appropriation has not been expended beyond the city ture necessary in order to promote the interest of the postal service. of New York for a number of years. Referring him to the fact that every Postmaster-General has ac­ Mr. BIN.GHAM. Will the gentleman allow me to ask him a tually expended this appropriation, I want to ask the gentleman question with reference to the New York Central? from California if he proposes to substitute his judgment as to Mr. LOUD. Certainly. what the Postmaster-General thinks for this demonstration of fHere the hammer fell.] what the Postmaster-General thinks? :Mr. BINGHAM. I ask unanimous consent that the gentleman :Mr. LOUD. I am perfectly willing to yield for questions, but from California be allowed five minutes longer. I do not like to have a gentleman take up all my time in propound­ There was no objection. ing a question so that I can not answer it within my five minutes. Mr. BINGHAM. Now;beforethegentlemanresumes,Iwish to The CHAIRMAN. The gentleman from California [Mr. LouD] ask him this question: Did not the New York Central give up its is recognized now in his own right. allowance under the special-facilities provision because the Post­ :Mr. LOUD. In answer to the gentleman, I will say that the Office Department gave it a reweighing of the mails, outside of Postmaster-General accepts the direction of Congress and con­ the four years~ limitation provided bylaw, and by this reweighing tinues the service. That is all. The fact still remains that every does not the New York Central receive annually several hundred Postmaster-General since 1890 has persistently and consistently, thousands of dollars? over his own signature, condemned this system, and urged Con­ Mr. LOUD. I can not say as to that. gre~s not to appropriate for the purpose. Mr. BINGHAM. That is so. Mr. QIDGG. Is t.here anything in the report of the present Mr. LOUD. That is a question which might be answered one Postmaster-General condemning it? . way or the other without affecting the merits of this proposition. Mr. LOUD. There is nothing in the present report; but there Hut permit me to say-and we may as well recognize the fact is a communication which the gentleman from Missouri has here here as anywhere else-that the Pennsylvania Railroad is the upon this very subject. The Postmaster-General did not touch strong factor behind all this proposition. You withdraw that this subject in his last report. . support and the proposition falls to the ground instantly of its own Now, Mr. Chairman, I proceed to discuss as briefly as possible weight. And let me say that that road receives but the insignifi­ the pending provision of the bill. The proposition which directly cant sum of about 527,000 out of this appropriation. concerns us is to give a subsidy to a line of railroad running a Mr._ MILES. Let me ask the gentleman this question: Is it train between New York and New Orleans, leaving New York at your opinion that this train will run anyway, even without the 4. 30 a.m. and arriving at New Orleans at 8.30 p.m. the next day. allowance? Now, of course our Southern friends and gentlemen living along Mr. LOUD. Why, Mr. Chairman, this is the long route to New this line of railroad will tell you with great candor that this ar­ Orleans. Theyhavetorunafasttrain to compete with theshorter rangement expedites the mails, that this is a fast train, and that lines. That is a plain business proposition. it is absolutely necessary for them in order that they may receive Now, the railroad from New York, without taking into consid­ their mail matter in time. Sir, this train leaves New York, as I eration the little lines connecting with it, for regular mail pay have saidt- at 4.30 a. m. The regular mail train leaves New York receives over $1,000,000 a year. This is done by reason of the con­ at 12.15 at night, and this night train accommodates not only the centration of the mails on that road. This same is true of such New York mails, but also the mail leaving Boston at 5 o'clock the roads as the Chicago, Burlington and Quincy t·oad, the Cincin­ same afternoon. nati Southern road, and other lines where they have put on fast­ This train leaving New York at 4.30 a.m. is not a fast train. mail trains, and the postmaster has concentrated the mails from a It is a train which lumbers along down to Washington, arriving number of roads on the one line, which gives a very heavy mail, her~ at 11.15. This rapid train, this fast-mail train that gentle­ and they are enabled, by reason of the large pay t·eceived for the men speak of, occupies six hours and forty-five minutes between service, to run these fast trains. New York and Washington. This train, if the facts were known, But this fast train to the South, by the time-table of the com­ is a milk train when it leaves New York, and after lumbering pany itself, is shown to be two hours slower than the t·egular pas­ along until it reaches the vicinity of Philadelphia it then becomes senger train over the same road. Now, you can consult the time­ · a passenger train, accommodating travel from that city to Wash­ table for yourselves; here it is. I do not care to take the time of ington. I affirm that the real wants of the mail service are accom­ t~ committee to read it, but it shows exactly what I have stated, modated by the mail train leaving New York at 12.15 at night. that it is two hours slower than the regular trains run on the same Now. let us follow this fast-mail _train to its terminus. Our line. 1896. CONGRESSIONAL-RECORD-HOUSE. 2667

M:r. SWANSON. Will the gentleman allow me a question just to say that they have paid· it out not to foster and promote the there? I know that be does not want to misstate the facts. postal service, but to foster and promote the Pennsylvania Rail­ As to the failure to spend the money on the other side of New road? York, of which the gentleman speaks, the Second Assistant Post­ Mr. LOUD. This proviso has only been in the bill two years. master-General states that the reason why it is not expended there Mr. CRISP. Then for two years. The gentleman stated that was because he could not make proper schedules with these roads. the Postmasters-General had always opposed it; and yet how is it, Mr. LOUD. Oh, they did not want to participate in the fund? M:r. Chairman, that with the full discretion on the part of the Mr. SWANSON. No; but bec-ause he could not make proper Postmasters-General either to pay it out or not to pay it out, as schedules of time with the roads. in their judgment it would further or not further the postal serv­ Mr. LOUD. Very well; I will even concede that and accept ice, every Postmaster-General, Republican and Democratic, has the statement of the gentleman if he will allow me to proceed. felt it his duty to pay it out? Why, it seems to me, Mr. Chairman, Now, Mr. Chairman, this question of railroad transportation that is an absolute refutation of the suggestion made by my friend or mail pay for this service is a very important item; and I say from California fJ,Ir. Loun] . now, and I wish I could get every railroad manager in the United Mr. LOUD. Of course yon do not deny the time-table? States to come here and coolly and calmly discuss the proposition­ 1\Ir. CRISP. If my friend from California can establish the ! say that this matter of the transportation of the mails over the fact which he has stated before this committee; if he will go to railroads is one of the most aggravating questions now confront­ the Office of the Postmaster-General and show that it is not neces­ ing the American people. We are paying enormous rates, permit sary to expend this money to facilitate the transportation of this me to say, for the ti·ansporlation of mails on railroad routes. mail to the South, I will venture the assertion that not one dollar There has been no reduction in this pay since 1876. . of this money will be expended, even if we do authorize it in the Mr. BINGHAM. Eighteen hundred and seventy-eight. bill. This is no absolute appropriation, but it puts it in the dis­ Mr. LOUD. Well, since 1878. Now, I will put the question to cretion of the Postmaster-General-to be expended only if, in his any gentleman here: Is there any business venture in this country, judgment, the expenditure will promote the interests of the postal of any kind or character of business, or in the labor of the coun­ service. try, that ha~ not been reduced during that period? Now, Mr. Chairman, the people in the section where I live feel I have heretofore on the floor of the House, and I suppose yon some interBSt in this matter. It is not a question of the Pennsyl­ know the fact, been consistently opposed to the reduction, the vania Railroad or any other railroad. Rere is a great mail line horizontal reduction, suggested in the mail pay. I have opposed from New York to New Orleans, which has a branch to Florida, the reduction, not that I believed the companies are not getting serves Cuba, and goes out to Texas. For many years this has been too much, but because I desired, as far as possible, to maintain expedited. This is only one of many cases where extra pay is existing conditions. I insisted that if the horizontal cut were given for rapid work. When you appropriate for and appoint a made in the pay of the railroads it would disorganize the service great number of carriers in a city, to make four or five deliveries throughout the country, and I can not understand what motive daily, you are giving extra pay for rapid work. When you make there is behind this proposition for continually bringing it before a contract with electric-car companies, you are giving extra pay Congress to agitate and aggravate the people of the whole country. for rapid wo1·k. The Pennsylvania Railroad people, as I ha-ve already said, are This line gives us our mail at Danville, Charlotte, Atlanta, and the people back of this whole proposition. Montgomery fourteen hom·s earlier than we got it before the mail Mr. BINGHAM. Now, whatmakesyoumakethatproposition? was expedited. To New Orleans and Birmingham it makes the Mr. LOUD. Because it is a fact. [Laughter.] delivery fifteen hours earlieT. To Houston, Tef., fourteen hours; Mr. BINGHAM.. The gentleman readily understands that facts and to all the points in the Southwest, fifteen. are facts. Now, the gentleman from California ha.c; stated t~at Under the contract made by the P-tmaster-General he has the this great corporation, for its mail facilities furnished to the Gov­ absolute control of the schedule. This train leaves the city of New ernment, received about a million of dollars under the geneTal York at 4.30 in the morning. I am sm·e that if my friend from statntes- California happened to be in New York and was coming to Wash­ Mr. LOUD. A million of dollars? Why, they get nearly three ington, and could come on a train at 4.30 in the morning or one at and a half million dollars from this service. 9, he would wait until the 9 o'clock train. So it is with all the The CHAIRMAN. The time of the gentleman has expired. other passengers. Now, in order to make connections here, the Mr. CROWLEY. Mr. Chairman, I offer the amendment I send train must leave there at 4.30 in the morning without passengers. to the desk. The train here must wait for such train; the train at Charlotte The Clerk read as follows: must wait; the train at Atlanta must wait; so that by the arrange­ Amend by striking out the word "and," in line 16, on page 8, and add the ment with the Postmaster-General the mail is transferred, and in words" and Houston, Tex.," after the words "New Orleans," in line 17, on that rapid way connections are made. In the contract, as I under­ pageS. stand it, there is a provision that on their failure to connect and Mr. CRISP. · I thought there was a motion pending to stlike out deliver the mail uponscheduletimethePostmaster-General has the to be first determined. right to ''dock" the road the amount that it would have been paid if Mr. DINGLEY. What is the amendment? themailhadbeendeliveredonscheduletime. Now, that is all there The CHAIRMAN. The Clerk will again report the amend- is in it. We have had this service for many years. It has been a ment. comfort to all that section of the country; our business men, our The amendment was again read. newspapers, and our people generally have been greatly benefited Mr. DINGLEY. I make the point of order against that. by it, and I appeal to the committee now not to deprive us of the The CHAIRMAN. The gentleman from Maine raises the point advantages derived from it simply upon some vague suggestion of order against the amendment. The point of order is made un­ made by the gentleman from California. And, as I said to yon, der clause 2 of Rule XXI. The Chair sustains the point of order. if he can substantiate what he says, you know and. the chairman Mr. CRISP. Just a word or two, Mr. Chairman, in reply to knows, and everybody knows, that the Postmaster-General will the criticisms of my friend from California [Mr. LoUD]. This never pay out a dollar of this money. He is not authorized to pay committee might very well wonder, after listening to the gentle­ it unless it promotes the postal service; and if it does not he will man's argument, how this provision to expedite the mails found not pay out a dollar. a place in the bill. Mr. QUIGG. May I ask the gentleman from Georgia a ques­ Mr. LOUD. If the gentleman will permit me, I will tell him. tion? Mr. CRISP. One moment. The gentleman states in the first Mr. KYLE. Mr. Chairman-- place that the train which carries this mail is slower than The CHAIRMA...llof. The gentleman from New York desires to another train on the same road. ask the gentleman from Georgia a question. Mr. LOUD. That is correct. Mr. KYLE. I yield to the gentleman for that purpose. Mr. CRISP. And yet the law provides, and has provided for Mr. QUIGG. The gentleman from Georgia said a moment ago years, that no part of the appropriation made for this purpose that if the mails were not delivered on time the Postmaster-Gen­ shall be expended unless the Postmaster-General shall deem such eral reserves the right to enforce a penalty. expenditure necessary in order to promote the interest of the Mr. CRISP. That is my understanding. postal service. • MI·. QUIGG. That is the way I understand it. .That is not in The gentleman's argument would lead yon to believe that the the law, but it is a provision of the Postmaster-General. PostmasterfrGeneral, both Republican and Democratic, ad ex­ Mr. CRISP. I am not informed as to that. pended this money not to further the interests of the postal serv­ 1tir. BINGHAM. That is the general statute. ice, but to further the interests of some railroad company. Do Mr. QUIGG. Well, is it not a fact that under this provision yon believe that is true? Do you believe the gentleman ma~es a the Postmaster-General is now in a position to make these trains frank statement when he says that? Are yon prepared to say that faster or not to expend the money? Postmasters-General for the past ten years or seventeen years Mr. CRISP. I so understand. have paid out this money unnecessarily, when the law left it ab-- Mr. BINGHAM. Under this law the whole schedule is under . tolutely in their discretion to pay it ont or no.t? Are you prepared the direction of the Postmaster-General. t I

2668 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

Mr. KYLE. Mr. Chairman, this proposition does not come be­ demoralizing to the service. General Wanamaker, in his annual fore the House to-day for the first time. At a former session of report made in 1892, uses this language: Congress I made an effort to strike it out on a point of order. I The special-fa.cility allowance has for some years past been the source of thought then, sir,' that sufficient argument was made to establish much annoyance to the Department, and has hampered the best interests of the fact that the clause similar to this was subject to the point of the service. order. But I do not propose to discuss that to-day. I am opposed Now, gentlemen, if you accept these statements of the heads of to this appropriation because it is a subsidy and wrong in prin­ the Post-Office Department as true, and you can not deny them, ciple. Now, admit, for the sake of argument, that this train car­ are you going to thrust upon the Department an appropriation ries the mail into the States of Georgia, Alabama, and Louisiana which not only does not do the thing which the gentleman from some faster, we can not justify ourselves in voting this appropria­ Georgia fMr. CRISP] claims, but which, as Mr. Wanamaker says, tion, because this particular community of our common country actually hampers the best interests of the service? gets an extra benefit from it, because it is an unjust and improper As I said a while ago, this p1·oposition is wrong in principle, discrimination. The mail matter of this country is weighed every because, to use a common expression, it is making fish of one and four years. fowl of the other. It is wrong in principle. It is in the face of The Post-Office Department at stated periods weighs the mail the opposition of all the Postmasters-General that have ever at­ matter for a given length of time, and upon this weighing a con­ tempted to deal with the subject. tract to carry the mails for the succeeding four years is made. Now, let us look for a moment at the compensation paid to the Now, what makes it right to send the mails over thislinemore ex­ railroads for mail service. Take the very system of roads that is peditiously than over the other lines of the country? The con­ now receiving this extra subsidy; I mean the line from Boston, dition, gentlemen, is coming to the front that I predicted years ago Mass., by way of New York and Washington, to Atlanta and New with reference to this proposition-that the time is not far distant Orleans. It is to-day receiving for carrying this mail, outside of when every railroad in the United States will be clamoring at the this subsidy, $1 ,522,125.59, yet by this proposition you propose to doors of Congress for an extra appropriation for carrying the mails. give them $19.6,614.22 for doing that for which they are already more They are doing so now. In this bill are two new lines. If these get than abundantly paid. The amount paid these lines without the in, others will, until there will be a sufficient number of them to subsidy is in excess of that which is required to run the govern- control Congress in this respect. I did not pose then specially as a ments of many of the States of this Union. · prophet, but the statements that I made then are being verified Now, with this vast smn of money going into the coffers of to-day. How are you goingto sayto these gentlemen whose mail this railroad system, with the Postmasters-General against the goes out from Cincinnati and down through the country in which appropriation for the extra subsidy, are you going to appropriate I live that we r.vill give this road this extra-facility pay and not the amount anyway, in violation of principle, of fair dealing, of give it to them? I submit, gentlemen, that you can not sustain justice between the respective sections of this country, especially this appropriation upon principle. when you have nothing to show that it is necessary for the mail Now, something has been said about what the Postmasters-Gen­ service? eral have had to say upon propositions similar to this. I want to Mr. CRISP. What railroad is it that the gentleman says gets to say now, Mr. Chairman, without fear of contradiction from any over a million and a half of dollars? sou;.ce, that every Postmaster-General that has made any state­ Mr. KYLE. The line from Boston, Mass., by way of New ment with reference to them has inveighed against them. I York and Washington, to Atlanta and New Orleans. challenge contradiction upon that proposition. There is not a Mr. CRISP. The gentleman spoke of it as if it were one rail­ Po~tmaster-Genetal since this system has been in existence who has road, whereas several great railroads are included in that line. stated to Congress that it was proper and ought to be continued. Mr. KYLE. Well, I regret that I have been misunderstood upon Mr. WELLINGTON. Willthegentlemanpermitmetoaskhim the proposition. · a question? Mr. SWANSON. Let me say to the gentleman that, in the pre­ Mr. KYLE. I have but little time, but I would like to yield to ceding discussion of this subject to which the gentleman has re­ the gentleman. ferred, the gentleman from Iowa, Mr. HENDERSON, made a state­ Mr. WELLINGTON. The question is, if the Postmasters­ ment in which he compared the pay of this road with the average General have been opposed to this appropriation, why, then, have pay of 14 railroads in this country for carrying the mails, which they from year to yea.r expended the money when they had it showed that this line got only about half the average pay per mile. within their power under the law to refuse to 1)ay it? Mr. KYLE. I am stating .the facts as I have them, and I chal­ Mr. KYLE. I suppose they have considered the fact that Con­ lenge successful contradiction of what I have said on these propo­ gress had made the appropriation as an expression favorable to sitions. The roads mentioned get pay for the amo-e.nt of mail mat­ the idea that it should be used in this way, and that the railroads, ter carried by them, for the work they do, and they ought to be seeing it was made, insisted upon it as to some extent right that satisfied. they should have it. Mr. LOUD. Mr. Chairman, I would suggest to the gentleman But take our present Postmaster-General. What does he say from Mississippi-and I want to impress this upon the minds of when he comes to that question? Mind you, it is his duty under our Western friends-that this particular railroad system is receiv­ the law to submit estimates of the amount necessary to run his ing 20 per cent more regular mail pay than any of the roads run­ Department for two years. I call special attention to that, be­ ning out of our cities in the West. cause he is a gentleman who served here with you in the House fHere the hammer fell.] . and many of you know him as a man of the finest character, and :By unanimous consent, the time of Mr. KYLE was extended for I believe it has been stated that he voted for a proposition like five minutes. this when he was a member of Congress. He has become familiar Mr. KYLE. I shall not abuse the courtesy of the committee by with the necessities of the Post-Office Department now, and what consuming so much time as five minutes. I was about to observe has he to say? I read from his last report or the report of his that I should be glad to support this proposition, because I would Second Assistant. Hear it: like to go with my friends here. I can not do it, however, because In submitting the estimates for the fiscal years 1893, 1894, 1895, and 1896 this in my opinion this appropriation, in the first place, does no~ accom­ office declined to inc.lude the item of "special facilities," for reasons hereto­ plish the purpose its friends have in view. I have tried to investi­ fore stated. gate this matter carefully and to deal with it fairly, and I do not And he, as his predecessors have done, declines to submit an believe this appropriation expedites the mail into the South. I estimate. think it is simply a lump sum of money given to this railroad sys­ He submits to the Committee on the Post-Office and Post-Roads tem out of the generosity of Congress. If I could even believe that the estimates of the amount of money necessary to carry on the it did expedite the service I might possibly justify my conscience in mail service, but he does not include this. Why? Evidently be- voting for the appropriation, but I can not get even that consola­ cause he does not think it proper to do so. · tion out of it. I do not propose to go now into the ques~ion of The CHAIRMAN. The time of the gentleman has expired. these time-tables. We have gone over that subject heretofore and Mr. LOUD. I ask unanimous consent that the gentleman be others have discussed it this evening. It has been stated that this allowed five minutes more. expedites the mail to the city of Houston, Tex., fourteen hours. There was no objection. Gentlemen who make that statement forget that this line extends Mr. KYLE. Now, gentlemen, if the Postmaster-General, the only to New Orleans, several hundred miles this side of Houston. man whom you intrust with the management of the postal busi­ Mr. SWANSON. At that point let me correct the gentleman. ness of this country, does not think that it is necessary, and does Heret

The trains that go out of Washington and by Atlanta have to run the smallest star-route service up to this very proposition now be­ in competition with the trains that go by way of Bristol and fore the House. Sir, what is it that makes the essence of these Chatanooga to Memphis. This line being the shortest route from postal contracts? It is the time; it is the expedition of the serv­ here to Memphis, the Southern Railroad has to run in competi­ ice; it is such questions as whether a particular mail shall start tion with it, and it is because it has to do that that this mail at 4 o'clock in the m01ning or at 8 o'clock-whether it shall be de­ service is expedited. They know that if they do not run their livered in four hours or eight hours or twelve hours. Time is the trains upon such time as will make it desirable for people coming essence of these mail-transportation contracts; and it is on this from the West to come by Atlanta those people will take the principle that this provision has been inserted in this bill. Take other line from Memphis and come over the East Tennessee route. the service on any little star route; you require the contractor to I say, gentlemen, when you take the various questions that enter perform certain service under certain conditions. If you allow into this matter, when you consider the violation of principle in­ him to loiter on the way, and possibly not to deliver the mail until volved, when you bear in mind that these railroads have to run in the next day, he can take the contract at a much lower rate than competitio~ with eacn other, I do not believe this Congress can if more rapid service is required. justify itself in voting this appropriation, especially when it is I hope this Committee of the Whole will take no retrograde known by every man here that for some years past no Postmaster­ action. Previous Congresses, whether Democratic or Republican, General bas ever said that such an appropriation was necessru·y have been liberal in this matter. We allow extra compensation to expedite the mails. in connection with our star-route service; we allow extra com­ Mr. WELLINGTON. :Mr. Chairman, I wish to say a word or pensation in connection with our foreign-mail service. The elo­ two in favor of the proposition embraced in this bill and against quent voices of the gentleman from Mississippi [Mr. KYLE] and striking out the pending paragraph. I do not entirely agree with the gentleman from California [Mr. LouD] have not been raised the gentleman from Maine [Mr. DINGLEY] when he says that this against subsidies for foreign-mail transportation. We pay at the proposition was originally ingrafted upon the appropriation bill rate of $3,200 a ton for letters sent.to foreign countries when carried because it was intended to expedite the mails te foreign countries. by American vessels, nd not over one-third of that amount when I believe that with that intention there was combined another, and carried by foreign vessels. Here is a proposition which requires one of greater import to the people of this country. I believe that certain railroad companies to afford special mail facilities on lines in this proposition eve~y citizen North and South is concerned; running through one-half of this Union. These lines carry mails and why? We who live upon the border land know that there are whose destination is Cuba and Mexico and Central America. two sections in this country, the North and the South. Living in The proposition of the bill is to facilitate this service, which cer­ the State of Maryland, as I do, in a State which is wedged in be­ tain gentlemen here wish to strike down. I hope the amendment tween the two sections, looking northward to Maine's rock-bound of the gentleman from California will not prevail. coast and turning southward to behold the vast body of land The CHAIRMAN. The question is on the motion of the gentle­ extending to the Mexican Gulf, I know that there is a sentiment man from California to strike out this paragraph of the bill. and a feeling antagonistic in some things between these two sec­ The question was taken; and on a division there were-ayes tions. That was made manifest in the " late unpleasantness" and 100, noes 96. many a time since. .Mr. CRISP, Mr. ADAMS, and others demanded tellers. Now, one thing that has been accomplished by the proposition Tellers were ordered. embraced in this bill is the drawing together in closer ties of union The Chairman appointed Mr. CRISP and Mr. LouD as tellers. of theNorth and the South. How do you do that? You bring them The committee again divided; and the tellers-reported-ayes 93, together in trade and in commerce, but not only that, you bring noes 114. · them together by the interchange of ideas and mingling of senti­ So the motion to strike out. was rejected. ments-by the letters and the newspapers that are transmitted from [The announcement of the vote was received with applause.] one portion of the country to the other. The American citizen Mr. TAWNEY. Mr. Chairman, I offer the amendment I send wants to transact business with dispatch and read the newspaper to the desk, to come in at the end of this provision. quickly; therefore you must have quick trains. This has been The Clerk read as follows: accomplished by the action of Congress in the provision embraced On page 8, at the end of line 22, insert: · in this bill. "All railway companies carrying the mails may furnish free traD..SIJorta- A train starts from Boston at 7.30 p.m. Having gathered all tion on the lino of their respective r oads to railway mail clerks." the mail of New England, itspeedsonitswaytoNewYork, which The amendment was adopted. it reaches at 4.30 in the morning. Half-past 4 o'clock in the morn­ The Clerk read as follows: ing is a time when a railroad company can not afford to send out a For necessary and special facilities on trunk lines from Kansas City, Mo., to Newton, Kans., $81,700: P nJ1Jided , That no par t of the appropriation made train for passenger service. We know that railroad companies by this paragraph shall be expended unless the P ostmaster-General shall do business in order to get revenue. Why do they send out a rapid deem such expenditure necessary in order to promote the interest of the mail train? Because the Government of the United States has postal service. given them a special appropriation to make such a train possible. Mr. DINGLEY. Mr. Chairman, I make the point of order Leaving New York at 4.30 a.m., this train speeds on its way to against this paragraph of the bill. It is an appropriation not au­ Baltimore. There it gathers in the mail of western Virginia and thorized by existing law. the State of Maryland, and parts of Pennsylvania. It has already The CHAIRMAN. The Chair sustains the point of order. taken in its course the mail of the Central States of the Union. Mr. FLYNN. Mr: Chairman-- Then it goes on its way to Washington and the South, traversing The CHAIRMAN. For what purpose does the gentleman rise? Virginia, North Carolina, Tennessee, Kentucky, Georgia, and all Mr. FLYNN. I desire to be heard on the point of order. that line of Southern States until it reaches the headlands of The CHAIRMAN. The Chair must decline to hear further dis­ Florida and the banks of the Rio Grande. Taking in all these sec­ cussion on the point of order. The Chair has already ruled upon tions of country, it makes it possible to bind togetherthese differ­ a similar proposition. ent parts of the country-to unify them. As sections grow more Mr. FLYNN. But when a member desires to submit argu­ densely populated, sectional feeling tends to increase. The only ment-- way to obliterate it is to draw the different sections of the country The CHAIRMAN. The gentleman from Oklahoma is aware of together by methods of intercommunication-by annihilating, so the fact that debate on a point of order is always in the discretion far as we can, time and space by utilizing all the powers and forces of the Chair. The Chair does not feel justified in detaining the of steam in its lightning swiftness, as developed in fast-mail committee further to hear discussion upon a question which has trains. been already decided. Is it true that this appropriation has operated as I have said? Mr. FLYNN. Then permit me to submit a parliamentary in­ Examine the schedule; examine the time that was taken for this quiry. service three years ago, when Boston was the northern terminus The CHAIRMAN. The gentleman from Oklahoma. of thiS route and Tampa the southern, and compare it with the Mr. FLYNN. How can the Chair pass on the point of order on present. You will find that from fifteen to twenty-four hours a proposition that was not before the Chair? The proposition that have been gained at different points. I submit, Mr. Chairman, it the Chair passed upon and to which the Chair has referred was is not right to take a step backward. We are attempting to go an entirely different proposition from that presented here. forward in all these postal matters. Let us not, then, go backward The CHAIRMAN. The Chair will inform the gentleman from upon a proposition calculated to bind together the sections of this Oklahoma that the point of order was ma,de upon an amendment country, which is one of the most importantobjectsthatconfront including this very paragraph and the follo"\ving one. us. [Loud applause.] Mr. FLYNN. But is it not a matter of argument when thereis Mr. OGDEN. Mr. Chairman, I will not weary the patience of a distinction or difference in the propositions, and when atten­ this committee more than two or three minutes. My friend from tion is called to the fact that the exact language is different from Mississippi rMr. KYLE] has dwelt a great deal on the principle that upon which the ruling was made? which he claims is involved in giving $196,000 for this fast-mail The CHAIRMAN. The Chair will hear the gentleman, of course, service. Why, Mr. Chairman alld gentlemen, that principle per­ if he desires to be heard upon the question of order. - vades every contract made by the Post-Office Department, from Mr. FLYNN. I appreciate the kindness of the Chair in con- \ '

2670 CONGRESSIONAL -RECORD-HOUSK MARCH lO, J senting to hear a discussion after notifying me thathehad already · First Assistant Postmaster-General for the year 1895, wherein he passed upon the question of order. says: But I avail myself of the opportunity to say that I fail to see During the current year investigation will bemadetodetermin~if a similar how it is that a proposition which the Chair sustains as not being condition does not exist at the other 45 offices- subject to the point of order, a proposition in the identical Ian- He having received an adverse report from one of the 46 places­ guage of this with the exception of the substitution of the names Those living in the small towns and villages should have the best postalfacil· of other towns, is in order if this one is not. ities their necessities demand, and if after a full knowledge of the beneilts to Mr. DOCKERY. Will the Chair permit a parliamentary in- themofthisservice (whichlbelievefew)ascomparedwiththecostofextend­ ing it throughout the United States the people still want and demand it, I qniry, if the gentleman from Oklahoma has concluded? assume Congress will pass the necessary appropriation and the Post-office Mr. FLYNN. I have concluded. Department establish the service in accordance \vith such law. Mr. DOCKERY. The confusion has been great, bu I under- Now, sir, the complaint I make, and the point of criticism par- stand the proposition just read relates to the special-facility item ticularly that I dwell upon, is that in the present bill there is an from Kansas City, Mo., to Newton, Kans., and the point of order entire absence of any reference to any further continuance of this is made against it by the gentleman from Maine. I would like to experimental free delivery. The Committee on Po::;t-Offices and be heard on that point of order when the gentleman from Okla- Post-Roads have deliberately ignored the former policy of the homa has concluded. Government in this respect. No provision whatever is made Mr. FLYNN. I am through. for the continuance of this service, and, sir, I take the position Mr. DOCKERY. Did I understand the Chair to decline to hear that in the face of this statement of the Post-Office Department as further argument on the question of order? to a pending investigation with reference to the question as to The CHAIRMAN. The Chair stated to the gentleman from whether the service should be continued or discontinued, that it Oklahoma that the question had been thoroughly discussed, and comes with poor grace from that committee to entirely eliminate that the Chair had already ruled on a similar proposition. this service from the pending bill. It seems to me that the com­ Mr. DOCKERY. Then I do not desire to be heard upon it if mitt.ee should at least have continued the service until after this the Chair is disinclined to hear further argument. investigation could have been had by the Department and prop- Mr. MILLER of Kansas. Will the Chair permit me a moment? erly reported to this Congress. If then the investigation disclosed The proposition submitted by the gentleman from Ohio included the necessity for the discontinuance of the service-in other words, various other lines. This proposition is a committee proposition, if it demonstrated the fact that there was no further use for it, and is one item by itself. that there was no demand for it, that it was producing no benefit Now, I submit that, the point of order being made here, we to the people U.Pon whom it was conferred-then I am willing to should have a ruling on this point of order and on the particular admit that the time would have arrived for the committee to dis­ question raised here by the pending proposition. If the Chair continue the service. does not care to hear further argument, let us have a ruling upon But in the face of this statement of the Department, and I say the proposition that is now before the Chair. again in the face of what will appear by the testimony on file in The CHAIRMAN. The Chair has ruled on the proposition. the Post-Office Department, the committee should have continued The Chair sustains the point of order. this appropriation. I am sure that if they had examined this Mr. MILLER of Kansas. I appealfromthedecisionoftheChair, testimony they would very soon have become convinced that this and I ask that a vote be taken upon that proposition. · service should not be discontinued at this time, but that at least The CHAIRMAN. The question i3,. Shall the decision of the the sum of $8 813.55 should have been appropriated for the further Chair stand as the judgment of the committee? continuance of the service until after this investigation could have The question being taken,. on a division (demanded by Mr. MIL- been had. · LER of Kansas) there were-ayes 120, noes 11~ Mr. LOUD. It is not a submitted item, I will say to the gen- Accordingly the decision of the Chair was sustained. tleman. The Department does not ask for it, and I do not care The Clerk, proceeding with the reading of the bill, read a.s to have it interjected into the bill at this time. follows: Mr. HERMANN. I say to the gentleman from California that For necessary and special facilities on trunk lines from Chicago, m, to I know that the Department does not ask for it, and I am as Council Bluffs, Iowa, via. Burlington, $100,000: Provided, That no part of the ap­ much astonished at that as I am at the fact that the committee propriation made by this paragraph shall be expended unless the Postmaster­ discontinued it because of the further fact that there is ample General shall deem such expenditure necessary in order to. promote the in­ proof going to show the utility of this service and the further de­ terest of the postal service. mand of the people who have been benefited by it who wish it to Mr. LORIMER. Mr. Chairman- be continued. But if the gentleman from California declines to Mr. DINGLEY. Mr. Chairman, I make the point of order yield, and insists on the point of order I admit, Mr. Chairman, against this paragraph. that the point is well taken; but I have been in hopes that after The CHAIRMAN. The gentleman from Maine makes the point having made the statement I have the gentleman would mag­ of order against this paragraph. The Chair sustains the point of nanimously withdraw the point of order and allow this item of order. $8,813 to be appropriated by the bill. I ask the gentleman whether The Clerk, proceeding with the reading of the bill, read as fol­ he will do that? lows: Mr. LOUD. I will say, Mr. Chairman, that this experimental Fortieth. For miscellaneous items, $500. free delivery has been experimented upon until the Department is satisfied that it can not be properly executed without an appro­ Mr. HERMANN. Mr. Chairman, I offer the amendment which priation of from $8,000,000 to 510,000,000, and I do not think we I send to the Clerk's desk. -are prepared at this time to enter upon that service. Hence I can The Clerk read as follows: not agree to withdraw the point of order. After line 25, page 10, insert: Mr. HERMANN. Let me submit this to the gentleman: That "For continuance of present experimental free delivery in towns and vil­ it is true that the Department has not recommended it, but at the lages, $8,813.55." same time it is going to make an investigation as to whether Mr. LOUD. I raise the point of order that that is not germane the service should be continue~ and it is now propo ed to cut to the subject, not even in the same department that controls the off the appropriation before that can be done. I submit that I do free-delivery service. not think that is just. The CHAIRMAN. Does the gentleman from Oregon desire to Mr. LOUD. I insist on the point of order. be heard on the point of order? The CHAIRMAN. The point of order is sustained. Mr. HERMANN. If the gentleman from California will re­ Mr. LOUD. Mr. Chairman, I would like to return to two items serve his point of order-- passed over. They will not take up a minut , and I do not care Mr. LOUD. Very well; I will reserve the point of order. to go into the Fourth Assistant Po tmaster-General's department Mr. HERMANN. Mr. Chairman, for severalyearstheGovern­ to-night. I ask to return to the two items passed over, and if they ment has entered upon the policy of supplying certain small towns are going to take any time I shall ask the committee to rise now. and villages with a mail service under the free-delivery system. I would like to dispose of those. It is known in the law as the experimental free-delivery sys­ The Clerk read as follows: tem. In the last appropriation bill $10,000 was appropriated for Lines 24 and 25, page 2: that purpose. Forty-six towns were selected by the Postmaster­ "For car fare and bicycle allowance, $100,000." General for the purposes of this experimental delivery. I venture Mr. LOUD. Now, Mr. Chairman, I move to insert there $70,000, to say, sir,. that in the major portion of those towns the highest which I do for the purpose of supplying the amount which was pro­ success has been achieved. In some towns the records show that vided for by this electric-car service. Understand that we pro­ the mail service has been very greatly benefited; that, indeed, the vided in that part of the. bill for the carriage of the letter carriers revenues have doubled in the course of one or two years by reason upon those cars. That -system has been destroyed by the House, of the extension of this experimental free delivery to those par­ and I ask to insert $70,000 there. ticular towns. Now, I desll'e the ear of the chairman of the com­ Mr. PICKLER. I had a. point of order pending as to that par• mittee especially while I read what. is stated ~ the repori· of the graph. It ia.new legislatiou. · , •

1896. CONGRESSIONAL REOORD-.HOUSE. 2671 ~

The CHAIRMAN. The Chair-will hear the gentleman on the Mr. TALBERT. Now, Mr. Chairman, Iask to have my amend- point of order. ment read. Mr. PICKLER. I do not care to detain the committee, Mr. The amendment was read, as follows: Chairman but it seems to me that that is exactly in the line of Strike ou.t all of lines 24- and 25 and insert in lieu. thereof: whitt was 'stricken out to-day on points of order. This is seeking "For fourth-class mail service in carrying mail, $100,000." to give the Postmaster-General different powers from what ~e has Mr. LOUD. ]}Ir. Chairman, I make the point of order on that now. This is a change of his power. It is a change of the latitude amendment. In the first place, I do not think the amendment is that he has in the expenditure of money~ It confines him in the intelligible, as ''fourth-class mail service'' is something unknown statute to the expenditure of so much money, while at present he to the Post-Office Depart;m.ent. is unrestrained in that way; and it provides in terms for the use Mr. TALBERT. I desire to amend the language of the amend­ of car fare and bicycles, which is not provided elsewhere. I do ment, so as to make it applicable to the salaries of fourth-class not think there can be any difference between it and what was ·postmasters. That is my object. held obnoxious to the point of order to-day. The CHAIRMAN. The Chair sustains the point of order. The Now, the gentleman from California, the chairman of the com- amendment is not germane to this paragraph. mittee, as r understood, when we left this ~aid that the ac~on of Mr. LOUD. Now, 1\lr. Chairman, I ask the committee to go to the House on this would depend on the- action on the electric-car- page 4,'paragraphs 19 and 20. service paragraph. That part has been stricken out, and I under- The Clerk read as follows: stood that, as one would depend upon th~ other, the poi?-t of Nineteenth. For mail-messenger service, $1,130,000. order in regard to the other would take this out~ Now, I mter- Twentieth. Regulation screen o:r other wa,"''n service, 670,000. And the · f d to thi b t I d t d th tl Postmaster-Genera.lmay.fnh:isdiscretion,u.senoterceedingthesmnof$25,000 posed t h e po:tnt o or eras s; u un ers an e gen e- of this amount for experim.enting in the transportation of mail by pneumatic man to state that they were directly connected, ana he says now tube or other similar de-vices. that the electric-car service having gone out, he wants it for that ::M:r. LOUD. Mr. Chairman, I desire t{) make a transposition service, and if that is gone out I insist upon the point of order that there. Beginning with the word '• and," in line 16, I desire to this is a legislativepropo~:tition that is subject to the point of order. ·transpose that sentence extending down to ''oF othBr similar de- Mr. LOUD. I said that it had no connection with the electric- vices," and to change the amount therein specifi.edfr ''twenty- car service further than it reduced the estimates for this service. five" to'' thirty-five" thou and dollars. I wish to insert the sen­ We have reduced the amount for this service 70,000 on the sup- tence after the word "dollars," in line 14. position that the House would accept "the electric-car service. I Mr. BROMWELL. I have an amendment to that effect which can not see what ground the gentleman finds to assume that this is now pending. is subject to the point of order. It is. simply providing for the Mr. LOUD. I understand; but this will accomplish the object caiTying of the mails under the system that has been in vogue by one motion. here for years. It provides for the carriage of the letter carrie~s The CHAIRMAN. The Clerk will report the amendme-nt pro- in the expedition of the mails, and I want to state further that It db th tl fro Calif · [Mr L ] ha"' been carried in that way in the bill for eight or ten years. an. d pose Y e gen: eman m orma · OUD · "' · The Clerk read as follows: it is not a new item. Page 4, insert after the word "dollars," in line 14, th& following: Mr. PICKLER. Why is it necessary? «Alld the Postmaster-General may, in his discl'etion, use not exceeding the Ml'. LOUD. If this point of order were to hold as to this clause, sum of $35 OOOof this amount for exp~rimenting in the transportmo:n of mail Mr. Chairman, I state that it would totally destroy the efficiency by pneumatic tube or other similar de-vices." of the carrier service of the country to-day. Mr. PICKLER. Mr~ Chairman,. I make the point of order on Mr. PICKLER. Then I withdraw the point of order; but I the language in this paragraph beginning in line 16, "and the doubt that it would have the effect the gentleman states. Postmaster-General may, in his discretion," etc., down to the The CHAIRMAN. The question is on the amendment offered words "similar devices." That is a new proposition, and is clearly by the gentleman from California, which the Clerk will report. subject to. the point of order. The Postmaster-General has never The Clerk read as follows: had any such power before. It is altogether a new power; it is On page 2, line 24, after the words "one hundred" insert "and seventy"; new legislation; it has no business on this bill. so as to read: Mr. LOUD. 1\Ir. Chairman, the proposilion has been in appro-· "For car fare and bicycle allowance, $170,000." · t" b"ll b f b t I h A bt lf t h tl..- :pr~a Ion I ~ e ore, u · . ave some uou myse ·.as.

The committee accordingly rose; and the Speaker having re­ Mr. ALDRICH. I have no objection to that course. sumed the chair, Mr. PAYNE, from the Committee of the Whole, Mr. CRISP. We might take it up early in the morning. reported that they had had under consideration the Post-Office Mr. ALDRICH. I will state for the benefit of the gentleman .. appropriation bill, and had come to no resolution thereon. that there is no innovation in these resolutions-nothing that is Mr. LOUD. I move that the House adjourn. really new. It seems to me the matter is one which we might well Mr. ALDRICH. Mr. Speaker, I ask the gentleman to with­ pass upon to~night. If any explanations are required, they can be draw that for a moment while I present a privileged report from given now. · the Committee on Accounts. Mr. CRISP. I do not know that I want to object; but here are Mr. LOUD. Very Willi. a number of resolutions, some of which the committee approve HOUSE EMPLOYEES. and some of which they disapprove. We can not in this hasty way understand the exact purport of the report. Mr. ALDRICH, from the Uommittee on Accounts, submitted Mr. ALDRICH. I have no objection to its going over until the the following report, which was read and ordered to be printed in morning. the RECORD: Mr. CRISP. And if there is no objection it might be well to The Committee on Accounts, to whom was referred sundry resolutions, have it printed. be~s leave to r eport, and recommends that those which provide for the ap­ pomtment of session clerks to the Committees on Manufactures, on Expend­ Mr. RICHARDSON. It is a privileged matter, and can be ltures in the Treasury Department, on Expenditures in the Interior Depart­ called up at any time. ment, and on the Election of President and Vice-President be disapproved. Mr. BRUMM. There is one consideration in this case. The The resolution providin~ for the appointment of an assistant clerk to the Committee on Claims durmg the sesstons of the Fiftv-fourth Congress, who clerk of the Committee on Claims provided for by one of these shall receive pay from January 1 last, has been amended by your committee resolutions has been at work the great~r part of the session, but so that the pay sha.ll begin from the date at which said clerk shall take the under the terms of·the resolution his pay will not begin until he oath of office, and in that form said resolution is herewith reported with a is sworn in. favorable recommendation. The resolution providing for the reinstatement of Thomas H. Adams as an A MEMBER. That makes a difference of only a day. attendant in the west cloak room of the House is disapproved. Mr. BRUMM. If the report is to be acted on to-morrow, the The resolutWn providing for the appointment of four messengers at $100 delay might not be a serious matter. per month and one laborer at $60 per month for service under the Postmaster of the House has been amended by your committee so that it shall read " one Mr. CRISP. Let the report go over. messenger at $100 per month and one laborer at $60 per month during the Mr. ALDRICH. Does the gentleman from Georgia desire that remainder of this and subsequent sessions of the Fifty-fourth Congress," and the matter lie over? in this form said resolution is herewith returned with a favorable recom­ mendation. Mr. CRISP. I should be glad to have that course taken, if it The resolution providing for a stenographer and typewriter for the Com­ does not inconvenience the gentleman. mittee on Rivers and Harbors at $100 per month durmg the sessions of the Mr. ALDRICH. I do not see anyharminallowingittolieover li'ifty-fourth CongPess is disapproved, and in lieu thereof your committee recommend that an allowance of $150 be granted said committee for that work until to-morrow morning. during the remainder of this session, and submit herewith a resolution to The SPEAKER. Does the gentleman propose that the report that effect. be printed in the RECORD? • '!'he resolution authorizing the Clerk of the House to pay to the clerks of committees who were appointed in the month of December, 1895, the amount Mr. ALDRICH. I have no objection to that. of salary to which they would be entitled from the date of their qualification Mr. CRISP. I think that had better be done. to December 31, 1895, had not their predecessors been paid for the full month The SPEAKER. Without objection, the report will be printed on December 20, as provided by resolution of the House, is herewithret.urned will with a favorable recommendation-the total amount of same as certified to in the RECORD and lie over until to-morrow morning. · by the disbursing clerk of the Honse being $274.99. There was no objection. RESOLUTIONS. Mr. LOUD. I move that the House adjourn. Resolved, That the Postmaster of the House be, and is hereby authorized LEAVE OF ABSENCE. to employ one messenger at $100 per month and one laborer at $00 per month during the r emainder of this and subsequent sessions of the Fifty-fourth Pending the motion to adjourn, Mr. SHAFROTH obtained leave Congress, to be paid out of the continaent fund of the House. of absence for one week, on account of illness in his family. Resolved, That the Committee on cYaims be authorized to employ one as­ sistant clerk during the sessions of the Fifty-fourth Congress at a compensa­ MESSAGE FROM THE SENATE. tion of $6 per dayJ to. be paid out. of th~ contingent fund. of the House, said A message from the Senate, by Mr. PLATT, one of its clerks, compensation to oegm from the tune said clerk shall qualify as same. Resolved That the chairman of the Committee on River::J and Harbors be announced that the Senate had disagreed to the amendment of the authorized to expend not to exceed $150, as compensation for the employ­ House of Representatives to the bill (S. 1247) to establish and pro­ ment of a stenographer and typewriter during the current session of Con­ vide for the maintenance of a free public library and reading room gress the same to be paid out of the contingent fund of the House. in the District of Columbia, hadaskedaconferencewith theHouse Res~lved, That the Clerk of the House be directed to pay to certain clerks.. of committees the salary earned by them as such clerks during the month of of Representatives .on the- disagreeing votes of the two Houses December last, as per statement of Henry Robinson, disbursing clerk of the thereon, ~nd had appointed Mr. MCM.ll-LAN, Mr. HANSBROUGH, House, attached thereto, the total amount being $274.99. and Mr. WETMORE as the conferees on the part of the Senate. CLERK' S OFFICE, HOUSE OF R~PRESENTA.TIVES, The message also announced that the Senate had passed bills of Washington, D. ·o., February; 24, 1896. the following titles; in which the concurrence of the House was SIR' As per your request I herewith inclose you a list of clerks to annual co:mn:dttees of the House who were appointed and subscribed to their oath of re.quested: office in the month of December, 1895. A bill (S. 862) for the relief of the receivers of the Towboat The statement shows the number of days that each was employed in said Association of New Orleans, La.; and month, as well as the amount of salary due. A bill ( S. 1871) to provide for the punishment of offenses on the Very respectfully, HENRY ROBINSON, Disburs-ing Clerk Ho'U8e of Representatives. high seas. Ron. J. FRANK ALDRICH, ENROLLED BILLS SIGNED. Chairman Oomm,ittee on .Accounts, Hause of Representatives. We the subscribers, acknowledge to have received from Alexander Mc­ Mr. HAGER, from the Committee on Enrolled Bills, reported Dow~ll, Clerk of the Ho~se of Repr~sentatives of the "'(!ni~d States, the sums that they had examined and found truly enrolled bills of the fol­ set opp_<>site our respecttve names, m full of our salaries m the employment lowing titles; when the Speaker signed the same: of the House of Representatives for the month of December, 1895. · A bill (S. 477) to repeal section 553 of the Revised Statutes of Month- the United States, requiring the district judge for the southern Clerk to Commit- Anmf al Names. tee on- salary. ly sal- Time employed. district of Florida to reside at Key West; ary. Joint resolution (S. R. 78) authorizing the Secretary of the Treasury to distribute the medals and diploma.s awarded by the Geo. B. Clemenston .. District of Co- $2,000.00 f27.17 Dec. Z7 to 31, in- World's Columbian Commission to the exhibitors entitled thereto. lumbia. elusive, 5 days. The motion or Mr. LouD was agreed to; and accordingly (at 5 Wm. M. Griffith------Indian Affairs ___ 2,000.00 48.91 Dec. 23 to 31, in- elusive, 9 days. o'clock and 8 minutes p.m.) the House adjourned. E. L. Currier.------Judiciary------2,000.00 48.91 Dec. 23 to 31, in- elusive, 9 days. Herman D. Reeve ____ Military Affairs_ 2,000.00 59.78 Dec. 21 to S., in- elusive, 11 da:ys. EXECUTIVE COMMUNICATIONS, ETC. Alvin D. Dalby------War Claims •••••. 2,000.00 10.87 Dec. 30 to 31, m- elusive, 2 days. Under clause 2 of Rule XXIV, the following executive commn­ W. S. Ba.llard ______Post-Office and 2,000.00 59.78 Dec. 21 to 31, in- nications were taken from the Speaker's table and referred by the Post-Roads. clnsi ve, 11 da:ys. Speaker as follows: ~-A. Lumbard ______Assistant War 1,200.00 19.57 Dec. 26 to 31, m- Claims. elusive, 6 days. A letter from the Secretary of the Treasury, recommending an -- additional appropriation for the completion of the United States Total---···------·------Z74.99 court-house, custom-house, and post-office ,building at Omaha, Nebr.-to the Committee on Appropriations, and ordered to be Mr. ALDRICH. I move the adoption of the report which has printed• . ;just been read. A letter from the Secretary of the Treasury, recommending an Mr. CRISP. Would it not be wise to have the report printed additional appropriation for the completion of the United States and lie over, so that we may understand its purport? It deals with post-office ·and ·court-house building at Kansas City, Mo.-to the a_sreat many subjects. Committee on Appropriations, and ordered to be printed. 1896; CONGR·ESSIONAL RECORD-HOUSE. 2673

A communication from the Secretary of the Treasury, trans­ By Mr. LESTER, from the Committee on War Claims: mitting a report of refunded customs duties for the year ended The bill (H. R.1250) foT the relief of James R. D. Morrison and June 30, 1895, with an appendix thereto-to the Committee on William H. Morrison, executor of William M. Morrison and ad­ W ays and Means, and ordered to be printed. ministrator of Charles J. Morrison, deceased. (Report No. 697.) A letter from the justices of the supreme court of the District of The bill (H. R. 7027) for the relief of Michael Kries. (Report Columbia, transmitting, with accompanying papers and volumes, No. 698.) a report of the action taken by the court and the conclusions ar­ A resolution (House Res. No. 198) to refer the bill (H. R.1003) rived at, under direction of the act of Congress of August 5, 1886, for the relief of the trustees of St. Phillip's Church of Atlanta, entitled, "An act to provide for protecting the interests of the Ga., with the accompanying papers, to the Court of Claims, in United States in the Potomac River Flats in the District of Colum­ lieu of the bill H. R. 1003. (Report No. 699.) bia"-to the Committee on the District of Columbia, and ordered By Mr. PUGH, from the Committee on War Claims: to be printed. A bill (H. R. 7094) for the relief of Platte County, Mo., in lieu of the bill H. R. 423. (Report No. 700.) ~ The bill (H. R. 5652) granting relief to the heirs of the late REPORTS OF COMMITTEES ON PUBLIC BILLS AND J. M. Doddridge, of Wheeling, W.Va. (Report No. 701.) RESOLUTIONS. The bill (S . ..518) for the relief of Mrs. Julia A. Humphries. Under clause 2 of Rule XIII, bills and resolutions were severally (Report No. 702.) reported from committees, delivered to the Clerk, and referred to By Mr. COOPER of Texas, from the Committee on War Claims: the several Calendars therein named, as follows: A bill (H. R. 7096) for the relief of William B. Payne, in lieu of Mr. FLETCHER, from the Committee on Interstate and Foreign the bill H. R. 2357. (Report No. 703.) Commerce, to which was referred the bill of the House (H. R. The bill (S. 271) for the relief of the Newberry College, New­ 4781) to amend an act entitled "An act to authorize the Union berry, S.C. (Report No. 704.) Railro::td Company to construct and maintain a bridge across the By :Mr. GIBSON, from the Committee on War Claims: Monongahela River," approved February 18, 1893, reported the The bill (S. 74) for the relief of William Wolfe, of Shelbina, same without amendment, accompanied by a report (No. 689); Shelby County, Tenn. (Report No. 705.) which said bill and report were referred to the House Calendar. A bill (H. R. 70~7) for the allowance of certain claims reported Mr. CURTIS, of New York, from the Committee on Military by the accounting officers of the United States Treasury Depart­ Affairs, to which was referred the joint resolution of the House ment, in lieu of House Document No. 271. (Report No. 706.) (H. Res. 6) authorizing the Secretary of War to loan ordnance By Mr. HATCH, from the Committee on War Claims: 'l'he bill stores for military instruction in high schools, reported the same (H. R.1525) for the relief of Mrs. C. N. Graves. (Report No. 707.) without amendment, accompanied by a report (No. 692); which By Mr. . KIRKPATRICK, from the Committee on Invalid Pen­ said bill and report were referred to the House Calendar. sions: The bill (H. R. 2947) increasing the pension of Daniel D. · He also, from the same committee, to which was referred the Jennings, late of Company C, Sixty-fifth Ohio Volunteers. (Re- bill of the Senate (8. 1865) to authorize the Secretary of War and port No. 708. ) . the Secreta.ry of theNavy to make certain disposition of condemned By Mr. SULLOWAY, from the Committee on Invalid Pensions: cannon, ordnance, guns, and cannon balls in their respective De­ The bill (S. 2014) granting an increase of pension to Sarah A. partments, reported the same without amendment, accompanied Bull. (Report No. 709.) by a report (No. 693); whlch said bill and report were referred to The bill (S.147) granting a pension to Elvira Bachelder. (Re- the Committee of the Whole House on the state of the Union. port No. 710.) · · Mr. NOONAN, from the Committee on Interstate and Foreign By Mr. POOLE, from the Committee on Invalid Pensions: The Commerce, to which was referred the bill of the House (H. R. 6505) bill (H. R.158) granting a pension to Mary Collins. (Report No. to revive and reenact an ·act to authorize the construction of a 711.) free bridge across Arkansas River, connecting Little Rock and By Mr. WOOD, from the Committee on Invalid Pensions: The Argenta, reported the same without amendment, accompanied by bill (H. R. 6236) to grant a pension to Mrs. Helen Funkhouser. a report (No. 716); which said pill and report were referred to the (Report No. 712.) House Calendar. By ~ir. ERDMAN, from the Committee on Invalid Pensions: Mr. SHERMAN, from the Committee on Interstate and Foreign The bill (H. R.1892) granting a pension to Catharine Darragh. Commerce, to which was referred the bill of the House (H. R. 6304) (Report No. 713.) . to authorize the construction of a bridge across the Tennessee Byl\fr. ANDERSON,from the Committee on Invalid Pensions: River at Knoxville, Tenn., reported the same with amendment, The bill (H. R. 4604) granting a pension to Jane Fisher, colored, accompanied by a report (No. 722); which said bill and report we,·e of Madisonville, Ky. (Report No. 714.) . referred to the House Calendar. · By Mr. KERR, from the Committee on Invalid Pensions: The Mr. TRACEY, from the Committee on Military Affairs, to which bill (H. R. 3480) for the relief of Emily A. Mann. (Report No. was referred the bill cf the House (H. R. 6781) to extend the 715.) national boulevard at Springfield, Mo., reported the same with By Mr. HATCH, from the Committee on War Claims: A bill amendment, accompanied by a report (No. 724); which said bill (H. R. 7101) for the relief of Mrs. Serena M. Clay, in lieu of the and report were referred to the Committee of the Whole House on bill H. R. 2209. (Report No. 719.) the state of the Union. . By Mr. CROWTHER, from the Committee on Invalid Pensions: Mr. BENNETT, from the Committee on Interstate and Foreign The bill (H. R. 3333) granting a pension to Thomas S. Daugherty, Commerce, to which was referred the bill of the Senate (S. 1646) (Report No. 720.) · · providing for certain requirements for vessels propelled by gas, By :Mr. LESTER, from the Committee on War Claims: A reso­ fluid, naphtha, or electric motors, reported the same without lution (House Res. No. 199) to refer the bill (H. R. 2745) for the amendment, accompanied by a report (No. 726); which said bill relief of Thomas S. Lutterloh and Cape Fear Steamboat Company, and report were referred to the House Calendar. with papers accompanying the same, to the Court of Claims, in He also, from the same committee, to which was referred the lieu of the bill H. R. 2745. (Report No. 721.) bill of the House (H. R. 5828) to amend an act entitled ''An act to By Mr. LEFEVER, from the Committee on Banking and Cur­ promote the safety of employees and travelers," etc., approved rency: The bill (S. 1804) to authorize the First National Bank of March 2, 1893, reported the same without amendment, accompa­ Sprague, Wash., to change its location and name. (Report No. nied by a report (No. 727); which said bill and report were re- 723.) .. ferred to the House Calendar. · By Mr. McCLELLAN, from the Committee on Invalid Pen­ sions: The bill (H. R. 6166) granting a pension to Minnie Parker, widow of Bvt. Brig. Gen. Ely S. Parker, late of the United States REPORTS OF COMMITTEES ON PRIVATE BILLS. Army. (Report No. 725.) Under clause 2 of Rule XIII, private bills and resolutions were severally reported from committees, delivered to the Clerk, and referred to the Committee of the Whole House, as follows: ADVERSE REPORTS. By Mr. TRACEY, from the Committee on Military Affairs: The Under clause 2 of Rule XIII, adverse reports were delivered to bill (H. R. 2328) forthereliefofPatrickRainey. (Report No. 690.) the Clerk, and laid on the table, as follows: By Mr. HATCH, from the Committee on War Claims: A bill By Mr. HURLEY, from the Committee on War Claims: (H. R. 7093) for the relief of the legal representatives of Thoma-s The bill (H. R. 3314) for the relief of the legal representatives Antisell, deceased, in lieu of the bill H. R.1375. (ReportNo. 694.) of David Heustis, deceased. (Report No. 691.) By Mr. OTJEN, from the Committee on War Claims: The bill (H. R. 1558) for the relief of Capt. Edward O'Shea. The bill (H. R. 2817) for the relief of Mrs. A. Shirley. (Re­ (Report No. 717.) . . port No. 695.) By Mr. GIBSON, from the Committee on War Claims: The bill The bill (H. R. 2038) for the relief of the estate of A. H. Herr, (H. R. 962) for the relief of Mrs. Ann E. Heiskell. (Report No. deceased, late of the District of Columbia. (Report No. 696.) 718.) XXVill-168 2674 CONGRESSIONAL RECORD-HOUSE.. MARCH 10,

PUBLIC BILLS, MEMORIALS, AND RESOLUTIONS. PRIVATE BILLS, ETC. Under clause 3 of Rule XXII, bills, resolutions, and memorials Under clause 1 of Rule XXII. private bills of the following of the following titles were introduced, and severally referred as titles were presented and referred as follows: follows: By Mr. ARN_OLD of Pm:msylvania~ A bill (H. R. 7109) to in· By Mr. HILL: A bill (H. R. 7085) to increase the circulation of crease the pension of Fannie Moseley Lorain-to the Committee national banks and to provide for the retirement of United States on Invalid Pensions. legal-tender notes and Treasury notes-to the Committee on Bank­ By Mr. BLUE: A bill (H. R. 7103) granting an honorable dis­ ing and Currency. charge to Wesley Jess, late private Troop .M, Seventh United By Mr. HARTMAN: A bill (H. R. 7086) to provide fees for the S~tes Cav~y-t.o the Committee on Military Affair. officers of the Federal courts in the States of South Dakota Mon­ Also, a b1ll (H. R. 7104) for the relief of Thomas B. Diclren of tana, Wyoming, and Washington-to the Committee on th~ Judi­ Hill City, Kans.-to the Committee on 1\Iilitary Affairs. ' eiai-y. Also, a bi¥ (H. R. 7195) increasing the pension of Augustus By Mr. LACEY: A bill (H. R. 7087) to amend section 8 of the Shulz, of Salina, Kans.-to the Committee on Invalid Pensions. act entitled "An act providing a civil government for Alaska" Als~, a bill (H. R. 7106)_granting an honorable discharge to approved May 17, 1884-to the Committee on the Public Lands. ' Fr~clS L. Jupp, late pnvate Company C, Fourth R egiment By Mr. LONG: A bill (H. R. 7088) to create the office of sur­ Uruted Stat-es Infantry-to the Committee on Military AffaiJ.·s. veyor-general in Alaska-to the Committee on the Public Lands. Also, a bill (H. R. 7107) increasing the pension of Thomas J. By Mr. HARMER: A bill (H. R. 7089) to improve the status of Ja-ckson, of Newton, Kans.-to the Committee on Invalid Pen­ commis~ioned engineers in the Navy; to increase the efficiency of sions. the engrne-roo:r;n personnel of naval vessels by creating a corps By Mr. BULL: A bill (H. R. 7108) to correct the military rec­ of warrant engmeers to do the practical work in connection with ord of and grant an honorable discharge to Peter Rourke late of the machinery-to the Committee on Naval Affairs. Company C, Seventh Regiment of Rhode Island Infantry' Volun­ Also, a bill (H. R. 7090) to increase the military efficiency of the teers-to the Committee on Military Affairs. Marine Corps; to provide for the encouragement and advancement Also, ~ bill (H. R. 7109) for the r~lief of the heirs and legal re}r of the petty officers and enlisted men of the Navy, and to encour­ resentatives of those who were killed by the explosion of the age Americans to enlist and remain in theNavy-to the Commit­ gun-c.otton factory at the United States torpedo station at New­ tee on Naval Affairs. port, R. I.-to the Committee on Claims. By Mr. COOPER of Texas: A bill (H. R. 7091) designating who By Mr. BURTON of Missouri (by request): A bill (H. R. 7110) may ba lawful contractors for carrying the mail on star routes for the relief of LN. Strickler) of Kansas City Mo.-to the Com- in the United States-to the Coiiliilittee on the Post-Office and mittee on War Claims. ' Post-Roads. By Mr. CL4RK of Missouri: A bill (H. R. 7111) to allow: an in­ By Mr. HILBORN: A bill (H. R. 7092) to amend section 1004 crease of pensiOn to James B. Hackett, of Lancaster Mo.-to the o£ the Revised Statutes of the United States-to the Committee Committee on Invalid Pensions.. ' on the Judiciary. By Mr. CURTIS of Iowa~ A bill (H. R. 7112) to remove the B~ Mr. HARDY: A bill. (H. R. 7~95) concerning the trial and charge of desertion against Cornelius Cahill-to the Com.mi::ttee puniShment of contempts m the Uruted States courts herein men­ on Military Affairs. tioned-to the Committee on the Judiciary. By Mr. DALZELL: A bill (H. R. 7113) to remove the charge of By Mr. BABCOCK: A bill (H. R. 7098) to authorize the reas­ desertion from the military record of Owen Sullivan-to the Com­ sessment of water-main taxes or assessments in the District of Co­ mittee on Milltary Affai:rs. lumbia, and for other purposes-to the Committee on the District . By Mr. FLYNN: A bill (H. R. 7114) granting a pension to Hen­ of Columbia. netta Coffman-to the Committee on Invalid Pensions. By Mr. MURPHY of Arizona: A bill (H. R. 7099) to segregate By 1\Ir. GRAFF: A bill (H. R. 7115) gtanting a pension to James and return to the public domain certain land on the White Warbrook-to the Committee on Invalid Pensions. Mountain Indian Reservation in Arizona-to the Committee on By Mr. HANLY: A bill {H. R. 711G) for the relief of Elizabeth Indian Affairs. Pn.rsel-to the Committee on Invalid Pensions. By Mr. SHAFROTH: A bill (H. R. 7100) to donate 8 condemned BJ: Mr. H~RY of In.diana: A ·bill (H.~· 7117) granting a cannon and 100 cannon shot to the Grand Army of the Republic pension to Oliver P. Gooding-to the Comllllttee on Invalid Pen­ Cemetery Association of Colorado-to the Committee on Naval sions. Affairs. By Mr. HpLING: A bill (H. R. 7118) to increase the pension of By Mr. CUMMINGS: A bill (H. R. 7130) authorizing the Sec­ S: 9· LoomiS, late of Company A, Second Regiment West Vir- retary of the Treasury to establish a fog signal at or near the guua Cavalry-t.o the Committee on Invalid Pensions, . Battery, New York-to the Committee on Interstate and Foreign By Mr. LAYTON: A bill (H. R. 7119) for the relief of George Commerce. - · R. Gary-to the Committee on Military Affairs. By Mr. DOOLITTLE: A joint resolution (H. Res. 136) calling By Mr. LORIMER: A bill (H. R. 7120) for the relief of Charles for survey and estimates of the Puyallup River, in the State of Thompson-to the Committee on Naval Affairs. Washington-to the Committee on Rivers and Harbors. By Mr. MADDOX: A bill (H. R. 7121) to restore Mrs. Elizabeth By Mr. KYLE: A joint resolution (H. Res.137) declaring a cer­ T. Anderson to the pension roll-to the Committee on Pensions. tain bridge across the Tallahatchie River, in Tallahatchie County, By Mr.l\IcCLEARY of Minnesota: A bill (H. R . 7122) granting State of Mississippi, a lawful structure-to the Committee on a. pension to Maria E. Hess, widow of Florian Hess-to the Com­ Interstate and Foreign Commerce. mittee on Pensions. By Mr. McCALL of Massachusetts: A concurrent resolution By Mr. :MEREDITH: A bill (H. R. 7123) for the relief of George {House Con. Res. No. 29) authorizing the Secretary of the Interior S. Ayre-to the Committee on War Claims. to furnish certain publications to the public library of the city of By Mr. PICKLER: A bill (H. R. 7124) for the relief of Russell Boston, Ma-ss.-to the Committee on Patents. P. Hall-to the Committee on War Claims. By Mr. UPDEGRAFF: Memorialofthegeneralassemblyofthe By Mr. PRINCE: A bill (H. R. 7125) granting an honorable dis­ State of Iowa, asking:settlement for 5 per cent of the school lands charge to Thomas C. Ruble, Company G~ Eighty-ninth Illinois sold before admission-to the Committee on Claims. Infantry-to the Committee on Military Affairs. By Mr. CURTIS of Iowa: Memorial of Iowa general assembly By Mr. RUSSELL of Connecticut: A bill (H. R. 7126) grant­ in relation to the 5 per cent funds-to the Committee on Claims. ing an increase of pension to Grace T. Arms-to the Committee By Mr. W.ALKER of Massachusetts: Memorial of the general on Invalid Pensions. eourt of Massachusetts, urgingincrease of pension to Mexican war By Mr. SU~LOWAY: A bill (H. R. 7127) granting a pension to veterans-to the Committee on Pensions. Samuel D. Gilman-to the Committee on Invalid Pensions. By Mr. UPDEGRAFF: A bill (~ . R. 7128) granting a pension CHANGE OF REFERENCE. to Anna P. Johnson-to the Comnuttee on Invalid Pensions. By Mr. WHEELER: A bill

Also~ a bill (H~ R~ 7136) to correct the military record of Edward ing relief for Jake Henry~ of Louisville, Ky., as provided for in Haugh-to the Cmmnittee on Military Affairs.. , House bill No. 6761-to the Committee on Military Affairs. Also, petition of Alexander Griswold and others, of Lou:isville, PETITIONS, ETC. Ky., praying relief for Mrs~ .Annie Trace, to accompaBy HollS8 bill No. 7078-to the Committee on Invalid Pensions. Undercla.uselofRuleXXII,the-followingpetitionsand papers By Mr. FLETCHER: Resolutions of the St. Paul Civil Engi- were laid on the Clerk's deskand..referred as follows:· neers' Society, favoring the appointment of civil engineer on pub- By Mr. ACHESON: Petition of Nelson L. Roray and 71 other lie buildings-to the-Committee on Public Buildings and Grounds. citizens of Cumberland County, N. J.; also petition of W. H. Also,resotationsofUinnesotaCommanderyoftheLoyalLegion, Lynn and 147 others, of Vanderbilt, Fayette County, Pa.; also in favor of the national park at Vicksburg, 1\:l:iss.-to the Com­ petition of A. C. Ha.rris and 37 other members of Council No. 338, mittee- on Military Affairs. Order United American Mechanics, of California, Washington By Mr. GRIFFIN~ Protest of 85 citizens of Eau Claire, Wis., County, Pa., urging the passage of the Stone immigration bill- against the passage of joint resolution racognizing God in the to the Committee on Immigration and Naturalization. Constitution of the United States-to the Committee on the Ju.di- Also, petition of the Philadelphia Bee Keepers' Association, ciary. . praying for the passage of joint resolution No. 92, for an appro- Also, petition of Clarence S. Miller, W. A. Tower, George A. priation for the publication of a book on the honeybee-to the Markham, McBnde Bros., W. H. Huntington, and James- A. Committee on Printing. Wells, asking for favorable action on House bill No.. 4566, to Also, petition of :Marshal Silbaugh and 50 other old soldiers of amend the postal laws relating to second-class matter-to- the Hopwood, Fayette-County, Pa., in favor o:f a service pension to all Committee on the Post~Office- and Post-Roads. veterans of the late war-to the Committee on Invalid Pensions. By Mr:. HAGER: Petition of Egan & Anderson, A. H. Grisell, Also, memorial of Will 0. Brown, concerning the nickel indus- A. E. Childs, and others, asking for favorable action on. House try of the United States and the necessity for an import duty on bill No. 4566, to amend the postal laws relating to second-class nickel-to the Committee on Ways and Means. matter-to the Committee on the Post..Qffice and Post-Roads. Also, resolutions of Forward Grange, No~ 1003, Patrons of Hus- By Mr. HANLY: Evidence to accompany House bill for the }:landry, of Allegheny County, Pa.. ; also resolutions of. Bunola relief of Elizabeth Plll'sel-tothe Committee on Invalid Pensions. Council,. No. 284, Junior Order United Ameri.can. Mechanics,. in- By Mr. HARMER: Petitions of members of Washington Camp, dorsing House bill No. 26.26, and petitions of members of said No. 485, and W ashlngton Camp, No. 367, Patriotic 01·der Sons of grange and council for the pa£sage. of said bill-to the Committee America, of Philadelphia, unanimously indorsing the Stone immi­ o.n Ways and Means. gration bill-to the Committee on Immigration and Natur~ Also, resolutions of the Pennsylvania State Grange, PatJ:ons of tion~ Husbandry, in favor of equal protection-to the Comnnttee on By Mr. HART: Petition of J. H. Maloy, asking for favorable Ways and Means. action on House bill No. 4566, to"amend the postal laws. re-lating to By Mr~ ADAMS: Resolutions of the United Labor League of second-class ma:tter-tQ the Committee on. the Post-Office and Phi.ladelphia, against the repeal of act of February 15~ 1895:,relat- Post-Roads. ing to seamen-to the Committee on the Merchant Marine and By Mr. HARTMAN: Petition of settlers on the abandaned Fort Fisheries. Maginnis Military Reservation, for free homes-to the- Committee By Mr. ARNOLD of Penns.yhrania; Petition of S. Th. More- on the Public Lands. house, asking for favorable action on House billNo.. 4566~to amend Also, petition of George Barkerville and others., ofBu.ttet"Mont.; the postal laws relating to second-class matter-to the Committee also memorial of Lodge 352, Order Sons of St. George, in fa-vor of on the Post-Offic.e and Post-Roads. the• Stone immigration bill-to the Committee on Immigration Also, petitions of West Monterey Council No. 378; Mountain and Natur.aliza.tion. City Lodge, No. 309; Clearfield Council, No. 2S1; DuBois Council, By Mr. HENRY of Connecticut! Protest of the American No. 376, and Limestone Lodge, No. 330, Order United.. Ameriean Cyclist, of Hartford, Conn., against the passage- of House bill No. Mechanics;. also- petitiona of Washington. Camp, No. 45a, and 4566~ to amend the postal laws relating to second-class. matter- to Washington Camp, No. 604, Patriotic Order Sons of. America, in- the Committee- on the Post-Office- and Post-Roads. dorsing the- Stone immigration bill- to the Committee· on Immi- By Mr. JENKINS: Petition of James C. Havey and 150 others., gration and Naturalization. · of Chippewa Falls, Wis., asking for the farther improvement of Also, petition of farmers of Victor Grange, No. 159,. Oak Hall the harbor at Manitowoc, Wis.-to the Committee on Rivers and Station, Pa., asking for the passage of House. bill No. 2626, for the Harbors.. . protection of agriculturai staples by an export bounty- to the By Mr. KIEFER: P13titionof George A. Iselin~ aski:ngforfavor.- Committee on Ways and Means~ able action on House- bill No. 4566, to amend the postal laws relat- Also, protests of citizens of Brisbin. and Sykesville, Pa., against ing to second-class matter-to the Committee on the Post-Ofii.ce sectarian appropriations; also petition urging the l)assage of the and Post-Roads. proposed. amendment to the Constitution of the United States- By Mr. KIRKPATRICK: Petitions of JL J~ Campbell,. Arthur .to the Committee on the Judiciary. Fuller, and other attoxneys, of Crawford.. County~ Kans.~ alsoP. C. By Mr. ARNOLD of Rhode Island; Resolutions of the Univer- Pollock and 17 other attorneys, of Cowley County; M~ B. Light salist congregation of Woonsocket, Rr I., favoring arbitra.tion in and other attorneys~ of Chautauqua County, Kans., praying for a the settlement of international disputes-to the Committee on divisionoftheStateof KansasintotwoFe-deraljudicialdistricts- Foreign. Affairs. to the Committee on the Judiciary. By Mr. BURTON of Missouri: Paper to accompany House bill Also, petition of Stephen M. Reevesand48 other ex-soldiers and for the relief of I. N. Strickler-to the Committee- on War Claim.s. citizoos of Labette County, Kans., requesting the grant of $8 per By Mr. CLARK of Missouri; Petition of citizens of northeast month for every man who served not less than ninety days. in the Missouri for the relief of the State militia, to accompany House Army and Navy during the rebellion, and a pension of n.ot- less bill No. 5745-to the Committee on Invalid Pensions~ . than $12 to all widows of such who have died-to the Committee By Mr. COOK of Wisconsin: Petition of Lieutenant-Governor on Invalid Pensions. Baensch of Wisconsin, and of 27 of the 33 senators· of said State; By Mr~ LAYTON: Resolutions of the American Forestry Asso­ alsoof GeorgeBnrrows, speaker, and 80 of the100 members of the ciation, asking Congress for legislation to preserve the Cascade assembly of said State, asking for an adequate appropriation for Range Forest Reserve, in Oregon-totheCommitteeon the Public all work in the outer harbor at Manitowoc,. Wis~, ne_cessary-to Lands.. furnish a 21-foot channel-to the Committe-e on Rivers-and Har- Also, memorial otNew York and the city of New York, asking bors. for proper appropriations for its wat&ways.-to the-Committ€e on By Mr. COOPER of Wisconsin: Mem-orial of citizens of Wis- Rivers and Harbors. · consin,_ asking for further improvement of the harbor of- Mani- By Mr. LINTON: Petition of citizens of Owasso, Mich., protest­ towoe, in that State-to the Committee- on Rivers and Harbors. ing against placing an import tax on tea-to the Committ.e& on By Mr. CRUMP: Petition of J. C. Burlecon, C. S. Ramsay, and Ways and Means. Charles G. Hampton, asking for favon.ble a.ction on House bill No. Also, petition of the- Loyal Orange Lodge, of Akron, Mich., pray- 5466, to amend the postal laws relating to second-cl~ matter-to ing for the passage of the Stone- immigration bill-to the Commit- the Committee on the Post-Office and Post-Roads. tee on. Immigration and Naturalization._ By Mr. DALZELL; Resolutions of Col. James. H. Childs Post, By Mr. LOUDENSLAGER: Petitions of Fame Council, No~ No. 230, Grand Army of the Republic., in favor of the passage of a 204; Hope Counci1t-No. . 3·· Olive Branch Council,. No. 21rand Jer­ service-pension. bill-to the Committee on In.valid Pensions. sey Blue Council,. No .. 22, .Junior Order United American Me­ By Mr. ER.llMAN :. Petition of citizens of Lehigh. County,. Pa., · chamca,.arli urging th& passage of the Stone immigration bill-to pra-ying for th:a passag"S of the Stone- im.nrlgration bill- -to the the-Committee-on. Immigration and.Na.turalization Committe-e on. Immigration and Natur.a.lization. Also, petition of the Review Publishing Company, asking for B y MrLE.YANS: Re.titieu.ef Thomas- Crawi.ord and. others., ask- fa.vomble action. an H.aUBe· bill No.. t566,. to amend thfi postal Ia.ws 2676 CONGRESSIONAL RECORD~SENA- TE. MARCH 11, relating to aecond-class matter-to the Committee on the Post­ Pa., favoring the passage of jointresolution No. 11, amending the Office and Post-Roads. Constitution of the United States and prohibiting further appro­ By Mr. McCALL of Massaehusetts: Protest of C. S. Parker & priations to institutions under ecclesiastical control-to the Com­ Son, of Arlington, Mass., against the passage of House bill No. mittee on the Judiciary. 4566, to amend the postal laws relating to second-class matter­ By Mr. WILSON of Idaho: Memorials of the county commis­ to the Committee on the Post-Office and Post-Roads. sioners of the counties of Idaho, Shoshone, and Nez Perces, for By Mr.l\1cEWAN: Petition of Trades and Labor COlmcil, Min­ the improvement of Clearwater River in Idaho-to the Committee neapolis, Minn., asking favorable consideration of House bill No. on Rivers and Harbors. 184, relating to direct legislation-to the Committee on Rules. By Mr. WILLIAMS (by request): Petition of L. Ashford and Also, petitions of General U.S. Grant Council, No.168, and Ad- · others, of Attala County, Miss., praying for the recognition of miral Farragut Council,..No. 16, Junior Order United American God in the preamble of the Constitution of the United States-to Meehanics, asking for the passage of the Stone immigration bill­ the Commi~tee on the Judiciary. to the Committee on Immigration and Naturalization. By Mr. MEIKLEJOHN: Petition of citizens of Randolph, Nebr., i. asking for the construction of a railroad from Sioux City, Iowa, SENATE. connecting with the main line of the Union Pacific at or near North Platte, Nebr.-to the Committee on Pacific Railroads. .ll'r h Also, indorsement from the Chicago Tribune and other papers, WEDNESDAY, >:J.arc 11, 1896. for the transmississippi and international exposition to ba held in Prayer by Rev. wALLACE RADCLIFFE, D. D., of the city of Omaha, Nebr.-to the Committee on Ways and Means. W hi t By Mr. MERCER: Petitionof Atlanta Post, of Waterloo, Nebr., ~~ nSg onta. ddt d th J 1 f ted ' infavorofservice-pensionle~Zislation-totheCommitteeonlnvalid e ecre ryprocee e oi·ea e ourna 0 yes r ayspro- ..., ceedings, when, on motion of Mr. HOAR, and by unanimous con- PeB;iM':: MORSE: Petitions of J. F. Hanna and 61 other citizens sent, the further reading was dispensed with. of Tarkio, Mo.; 145 citizens of Jersey City, N. J.; 45 citizens of EXECUTIVE COMMUNICATIONS. Fredonia, Pa.; 24 citizens of Chicago, ill.; 50 citizens of Boulder, The VICE-PRESIDENT laid before the Senate a communica- Mont.; 73 citizens of Latrobe, Pa.; 36 citizens of Baldwin, ill.; 25 tion from the Secretary of the Interior, transmitting a letter from citizens of Moro, Oreg.; 35 citizens of Colon, Nebr.; 126 citizens the Commissioner of Indian Affairs of the 9th instant, together of Bozeman, Mont.; 141 citizens of College Springs, Iowa; 75 cit- with a draft of a bill to t.ransfer the legal title and trusteeship of izens of Goldfield, Iowa; 18 citizens of Butler, Mo.; 48 citizens of the land of the Sac and Fox Indians of Iowa to the Secretary of Pawnee City, Nebr.; 50 citizens of Troy, Pa., praying for the rec- the Interior, and recommending favorable action by Congress; ognition of God in the preamble of the Constitution of the United which, with the accompanying paper, was referred to the Com- States-to the Committee on the Judiciary. mittee on Indian Affairs, and ordered to be printed. Bv Mr. OVERSTREET: Petition of the Indianapolis Journal He also laid before the Senate a communication from the Secre- Conipany, asking for favorable action on House bill No. 4566, to tary of the Interior, in response to a resolution of the 4th instant amend the postallaws relating to second-class matter-tcrthe Com- calling for information as to the reason the nonagricultural and mittee on the Post-Office and Post-Roads. unallotted lands of the Uncompahgre Indian Reservation have By Mr. RAY: Resolutions of Plumb Post, Grand Army of the not been restored to the public domain and proclaimed open to Republic, of Sherburne, N.Y., favoring a service-pension bill-to · entry and location, as prescribed by sections 20 and 21 of the act the Committee on Invalid Pensions. of Congress approved August 15, 1894, entitled "An act making By Mr. RUSSELL of Connecticut: Petition of Hope Council, appropriations for the current and contingent expenses of the In­ No. 78, Order United American Mechanics, of Moosup, Conn., in dian Department," etc., transmitting a copy of the annual report favor of the Stone immigration bill-to the Committee on Immi- of that Department for the fiscal year ended June 30, 1895, and g-ration and Naturalization. · calling attention to pages 10 and 37 of that report, which gives By 1\Ir. SA UERHERING: Protest of Svend Christiansen and 26 the information desired; which was referred to the Committee on other citizens of Dane, Dane County, Wis., against joint resolu- Indian Affairs, and ordered to be printed. tion proposing an amendment to the Constitution of the United Mr. VEST subsequently said: Just before I reached the Cham- States-to the Committee on the Judiciary. ber a communication was received from the Secretary of the In~ By Mr. SCRANTON: Petition of Washington Camp, No. 262, terior in regard to lands in the Uncompahgre Indian Reservation, Yostville, Pa., favoring the passage of the Stone immigration so called. I understand from the clerks that it was referred to bill-to the Committee on Immigration and Naturalization. the Committee on Indian Affairs. I ask that that action be recon­ By Mr. SHAW: Petition of the heirs of Frederick I. Jones, of sidered, anti that the communication lie on the table until the reo- Craven County, N. C., praying reference of his war claim to the turn of the Senator from Utah [Mr. CANNON]. Court of Claims-to the Committee on War Claims. The VICE-PRESIDENT. Is there objection? The Chair hears By Mr. SORG: Petition of veterans of the late war, residing in none. The communication will lie on the table, and be printed. Middletown, Ohio, asking for the passage of the service-pension bill-to the Committee on Invalid Pensions. PETITIONS AND MEMORIALS. By Mr. STAHLE: Petition of Columbian Council, No. 125, Mr. SEWELL presented a petition of District Assembly No. Daughters of Liberty, of York, Pa., in favor of the Stone immi- 197, Knights of Labor, of Jersey City, N.J., praying for the pas­ grationbill-totheCommitteeonimmigrationandNaturalization. sage of Senate bill No. 2121, to provide for the better manning By Mr. TRACEY: Papers to accompany House bill to fix the and equipment of vessels on the Northwestern Lakes; which was navigation at Longs Ferry on White River-to the Committee on referred to the Committee on Commerce. Rivers and Harbors. · He also presented a memorial of the Burlington (N.J.) Quar- By Mr. TRELOAR: Petition of citizens of St. Charles, Mo., terly Meeting of Friends, remonstrating against the adoption of praying for the passage of HC!use bill No. 567~, for ~he. construe- military training in the public schools of the country; which was tion of a wagon and motor bndge over the l\11ssour1 R1ver at St. refen·ed to the Committee on Military Affairs. Charles, Mo.-to the Committee on Interstate and Foreign Com- He also presented the petition of John Wray, jr., and 144 other merce. citizens of Jersey City, N.J., and the petition of J. N. Thompson By Mr. WALKER of Massachusetts: Resolutions of the New and 89 other citizens of Ramsey, N.J., praying for the adoption EnglandHistoric-GenealogicalSociety,urginglegislationenabling of the proposed religious amendment to the Constitution of the the Secretary of State to prepare for publication records of the United States; which werereferred totheCommittee on theJudi- Continental Congress-to the Committee on Printing. ciary. Also, petition of Conquest Council, Order United American He also presented the petition of Mrs. J. R. Waker, president, Mechanics, of Westboro, Mass., in favor of the passage of the and Mrs. J. R. DeMott, secretary, representing 75 members of the Stone immigration bill-to the Committee .on Immigration and Woman's Christian Temperance Union of New Brunswick, N.J., Naturalization. praying for the passage of a Sunday-rest law for the District of Also, petition of Charles H. Thurston, of Westboro, Mass., ask- Columbia; which was referred to the Committee on the District ing for favorable action on House bill No. 4566, to amend the postal of Columbia. laws relating to second-class matter-to the Committee on the He also presented petitions of Lafayette Council, No. 129, Junior Post-Office and Post-Roads. Order United American Mechanics, of Jersey City; of Ellswort~ By Mr. WOOMER: Petition of William V. Bowman and 100 Council, No. 120, Junior Order United American Mechanics, of citizens of Wiconisco, Pa.; also petition of Charles Boechler and Silverton; of Kill von Kull Council, No.170, Junior Order United 100 others, of Lykens, Pa., praying for the passage of the Stone American Mechanics~ of Bayonne; of Monmouth Council, No. 25, immigration bill-to the Committee on Immigration and Natu- Junior Order United American Mechanics, of Freehold; of Upper ralization. Freehold Council, No. 27, Junior Order United American Meehan­ ' Also, petition of Frank Enders and 100 other citizens of Lykens, ics, of Imlaystown; of Stewart Council, No. 99, Junior Ordor