666 ··cONGRESSIONAL RECORD-HOUSE. . JANUARY 14,
Mr: SEWELL (when :M:r. McPHERSON's name was~Ued). My col To Mr. HIESTAND, for two days, on account of important business. league [Mr. McPHERSON] if present would vote "yea." To 1tfr. GmsoN, of West Virginia, indefinitely, on account of ill Mr. MORGAN (when his name was called). I am paired with the health. Senator from Indiana [Mr. VOORHEES]. If he were present I would To Mr. BARRYl for the remainder of the week, on account of sick vote "nay." ness. The roll-call was concluded. REPRINT OF REPORT. Mr. BECK. I was requested by the Senator from New Jersey [Mr. The SPEAKER. The gentleman from Missouri [Mr. HATCH] asks McPHEH.soN] to say that while he was in favor of the recommittal of unanimous consent that an order be made for reprinting report No. the bill, he was in favor of its passage, and if present would vote 1234 upon the bill {H. R. 7208) the previous edition having been ex "yea." The Senator from Indiana [Mr. VooRHEES] would also vote hausted. "yea." There was no objection and it WM so ordered. Mr. HAMPTON. I announce again the pair of my colleague [Mr. 1 BUTLER], who would vote against the bill if he were present. ORDEn OF BUSL."i:ESS. Mr. GORMAN. Before the vote is announced, I wish to sta.te that 1tir. BUCHANAN. I ask unanimous consent that the bill (H. R. my colleague [Mr. WILSON, of Maryland], who is not present, I un 1413) which was yesterday referred to the Committee on Claims, be derstand is paired with the Senator from Virginia [Mr. M~ONE]. taken from that committee, the Senate amendments disagreed to, and At all events, if he were present he would vote "yea" on this propo the conference requested by the Senate %,Teed to. This motion was sition. objected to yesterday by the gentleman from Virginia [Mr. TucKER], The result was announced-yeas 43, nays 15; as follows: who has informed me that he withdraws his objection. YEAS-43. The SPEAKER. The Clerk will report the title of the bilL Allison, Edmunds, Ingalls, Sawyer, The Clerk read as follows: Beck Enstis, Jones of Arkansas, Sewell, Berry, · Fair, Jones ofNevRdn, Sherman, A bill (H. R.1413) for the relief of settlers and purchasers of lands on the pub Blackburn, Frye, .Mclllillan, Spooner, l:c domain in the States of Nebraska and Kansas. Bowen. George, Manderson, Teller, The SPEAKER. This bill was referred to the Com.mittee on Claims Cockrell, Gibson, Mitchell of Oreg., Vance, Coke, Gorman, Palmer, Vest, yesterday morning. The gentleman from New York asks unanimous Colquitt, Gray, Plumb, Walthall, consent that the committee be discharged from its further consideration, Conger, Hale, Pugh, Wbitthorne, that the Senate amendments be n.on-concurred in, and that the Honse Cullm:n, Harris, Sabin, Wilson of Iowo,. Dolph, Hawley, Saulsbury, agree to the request of the Senate for a committee of con!'erence. - NAYS-15. - Mr. SPRINGER. I think the amendments had better be considered in the committee. , Aldrich, Chace, Hoar, Payne, Blair, Cheney, Mahone, Ph&.tt, The SPEAKER. The gentleman from Illinois [Mr. SPRINGER] ob Brown, Evarts, 1\litchell of P:1.. Williams. jects. Cameron, Hampton, Morrill, Mr. MORRISON. I am directed by the Committee on Rules to pre .A.BSENT-17. sent the privileged report which I send to the desk. Butler, Jones of Florida., Morgan, Voorhees. The report was read, as follows: Call, Kenna, Ransom, Wilson of:Md. The Committee on Rules, to which was referred the resolatlon of January 10. Camden, McPherson, Riddleberger 1887, providing for the consideration of Senate bills on Fridays the 14th and Do.wes, Maxey, Stanford, 2Lst days of January, 1887, have had the same under consideration, and report Harrison, Miller, VanWyck, the same back to the House with the recommendation tha.t it be adopted. So the report was concurred in. Mr. SPRINGER. I ask my colleague to allow me to offer an amend ADJOURNMENT TO MONDAY ment which I send to the desk. :Mr. CAMERON. I move that when the Senate adjourns to-day, it The amendmen.t was read, as follows: be to meet on Monday next. On either of said days it shall be in order to consider any bill on the House Co.lendar referring private claims to the Court of Claims for a judicial ascer The motion was agreed to. to.inment of the fact·s. Mr. HARRIS. I move that the Senate adjourn. The motion was agreed to; and (at 11 o'clock and 40 minutes p. m.) Mr. MORRISON. I move the previous question on the adoption of the Senate adjourned until Monday, January 17, at 12 o'clock m. the report. The SPEAKER. The gentleman from Illinois [Mr. SPRINGER] pro poses the amendment which has just been read. Does the gentleman [1\fr. MoRRISON] yield for the amendment? Mr. SPRINGER. I ask that the amendment be again read. HOUSE OF REPRESENTATIVES. The amendment was again read. FRIDAY, January 14, 1887. Mr. SPRINGER. There is only one bill of that kind, 1\Ir. Speaker. Mr. BURROWS. That takes us out of the line of the consideration 'l'he House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. of Senate bills. H. MILBURN, D. D. M:r. SPRINGER. The amendment refers to only one bill. The J oumal of yesterday's proceedings was read and approved. The SPEAKER. The amendment does not provide for one bill, but · SANITARY CONDITION OF TREASURY BUILDING. for ''any bill.'' Mr. SPRINGER. Any such bill on the House Calendar. The SPEAKER laid before the House a letter from the Secretary of lir. BURROWS. But not a Senate bill. the Treasury, transmitting reports upon the sanitary condition of the The SPEAKER. Does the gentleman from Illinois [Mr. MORRISON] Treasury building and recommending changes in the system of sewer yield for the amendment? age and ventilation; which wa::' referred to the Committee on Appro Mr. MORRISON. No, sir; I have no objection to the amendment priations, and ordered to be prmted. myse~ but there seems to be objection by other members, and to HARBOR OF 'REFUGE AT LUDINGTON, 1\llCH. avoid complications I demand the previous question. Mr. BURROWS. As the rule is reported from the committee, it 'l'lle SPEAKER also laid before the House a letter from the Secretary will go into operation to-day. of War, transmitting, with inclosures, a communication from the Pere Mr. MORRISON. It is inten.ded to go into operation to-day. Marquette Lumber Company, and recommending that authority be The previous question was ordered. granted by Congress to accept the tendered donation by that company Mr. STRUBLE. I ask that the resolution itself be read. of land to be used in constructing a harbor of refuge at Ludington, The Clerk read as follows: • Mich. ; which wa.s referred to the Committee on Appropriations, and Resol·ved, That the 14th and 21st days of January, 1887, after tho morning hour, ordered to be printed. be set apart for the consideration of Senate bills on the Private Calendar of the S:EJ..~~ BILLS REFERRED. House, except pension bills the consideration of which is already pro'\'ided for at the Friday evening sessions. The SPEAKER also laid before the House bills of the Senate of the following titles; which were read twice, and referred as indicated: Mr. BURROWS. I suppose that under that rule the bills would be The bill (S. 909) for tlie relief of the leg:ll personal represen.ta.tives taken up in their order? of Henry W. Sibley, deceased-to the Committee on Claims. The SPEAKER. In the order in which they stand on the Calendar. The bill (S. 933) for the relief of :M:. C. Mordecai-to the Committee The resolution was agreed to. . on Clllims. Mr. MORRISON moved to reconsider the vote -by which the reso LEAVE OF ABSENCE. lution was agreed to; and also moved that the motion to reconsider be .laid on the table. By unanimous consent, leave of absence was granted as follows: The latter motion was agreed to. To Mr. SMALLS, indefinitely, on account of important business. To Mr. SPRIGGS, indefinitely, on account of important business. THE NUEVO MOCTEZUUA.. To Mr. MoRGAN, indefinitely, on account of sickness in his family. .Mr. DUNN. Mr. Speaker, I rise to renew my request that the
• 1887. CONGRESSIONAL RECORD-HOUSE. 667
Senate bill which was objected to oy the gentleman from Virginia under the law. It is proper to say that his act docs not appear to have come from a desire to avoid rendering military service, or from any improper motive. [Mr. TUCKER] yesterday be put upon its passage. It is a case in which the relief would be granted if it were not considered to be The SPEAKER. Is the objection withdrawn? beyond the lawful power of the Department. I am, sir, very respectfully, your obedient servant, 1\Ir. DUNN. The objection has been withdrawn. The bill was R. C. DRUM, read yesterday, and I now ask that it be put upon its p::~S....c;oage. Adjut
PUBLIC BUILDL~G .AT SCRANTON, P.A. .Amendment numbered 3: The amendment of the House of Representatives was the insertion in lines frl, 88, 89, after the word "State" in line frl, the words Mr. SCRA....~TON. I ask unanimous consent that the Committee of "which shall have been regularly given by electors whose appointment haS the Whole on the state of the Union be discharged from the.further been certified to according to section 3 of this act," and striking out the words in lines 40 and 41 "except by the affirmative votes of both Houses." The word consideration of the bill (H. R. 4241) to amend the act entitled "An "lawfully" is to be inserted after the words "has been," in line 39. And the act to authorize the purchase of a site and the erection of a suitable effect of the amendment is to insure the count of the lawful electoral votes from building for a post-office and other Government offices in the city of any State from which but one return ha.q been received. In addition, there are inserted the words "but the two Houses concurrently Scranton, Pa.," approved July 27, 1882. may reject votes which have not been regularly given by certified electo1'8." The bill was read. The effect is to express in words what is of clear implication by the words pre The SPEAKER. Is there objection to the present consideration of ceding, thus leaving nothing to doubtful construction. Taken as a whole thia amendment will insure the counting of lawfully certi the bill? fied votes of States, objections of a Senator or a Representative to the contrary Mr. MORRISON. I object. notwithstanding. Amendment numbered 4: This amendment, as reported from the conferees, NICHOLAS LEVEMBER. is a. remodeling of the language of the House amendment, so as to clear up any ambiguity in the section and define accurately the meaning of Congress as to The SPEAKER. The bill (H. R. 7506) for the payment of pension the decision of all questions as to counting the votes of States from which there money to Nicholas Levember was some time ago erroneously referred are more than one return, or paper purporting to be a return, and when there to the Committee on Invalid Pensions. If there be no objection, that has been no determiuation of the question in the States by making certain the committee will be discharged, and the bill will be refe1·red to the Com counting of votes cast by lawful electors appointed by the laws of the State. It takes the concurrent votes of both Houses, deciding that the votes are not mittee on War Claims. lawful votes, in order to reject them. And, in the case of the two Houses disa There being no objection, it was ordered accordingly greeing, then the electors whose appointment ha.s been certified by the execu tive of the State shall be counted. Several MEMBERS. Regular order. The general effect of all these amendments; and of the bill as reported to the REPORT ON TR.ADE GUILDS, ETC. House. is to provide for the decision of all questions that may arise as to its electoral vote to the State itself; and where, for any reason, that fails, then the Mr. BARKSDALE, from the Committee on Printing, submitted a Houses circumscribe-their power to the minimum under any circumstances. to disfranchise a State, and such result can only happen when the State shall fail report; which was read, as follows: · to provide the means for the final and conclusive decision of all controversies HOUSE OF REPRESENTATIVES, January 10,1887. as to her vote. · Mr. BARKSDALE submitted the following resolution; which was referred to the Committee on Printing: Mr. CALDWELL. I move the adoption of the conference report, " ResoZt·ed, That there be printed for the use of the House of Representatives and on that motion I call for the previous question. .. --thousand copies of the volume of reports from the consuls of the United States on the trade guilds of Europe and the laws and regulations by which .Mr. BURROWS. I desire to inquire whether this conference 1·eport they are governed, published by the Department of State in 1885." has been a-cted on by the Senate. · · The Committee-on Printing, to whom was referred the foregoing resolution, M.r. CALDWELL. It must first be acted on here. rer.ort it back to the House amended so as to read as follows: • ResoltJed by the HO'USe of Representatives (the &nate concurring), That there be Mr. BURROWS. Then it has not been acted ·on by the Senate? printed, with pamphlet covers, 7,000 copies of the volume of reports from the Mr. CALDWELL. Not yet. consu.IB of the United Stat-es on the trade guilds of Europe and the laws and Mr. BURROWS. I do not desire to retard action on this matter, but. regulations by which they are governed, published by the Department of State in the year 1885; 5,000 copies of which shall be for the use of the House of Rep it is a very important subject, and I will ask the genbleman from Ten resentatives and 2,000 copies for the use of the Senate." nessee whether he has any objection to allowirig the report to be prinfied · .And they recommend the passage of the resolution n.sso amended. The esti- in the RECORD and the question to go over until to-mon-ow morning. mated cost is $1,606.15. · Of course, when a report is read in this way, there is little opportunity The substitute reported by the committee was agreed to, and the res for its careful examination. olution, as amended, adopted. Mr. CALDWELL. This subject has already_been fully considered Mr. BARKSDALE moved to reconsider the vote by which the reso and discussed; I think it best to ask for immediate adion. • I insiston lution was adopted; and also moved that the motion to reconsider be the motion for the previous question. laid on the table. The previous question was ordered. The latter motion was agreed to. The SPEAKER. The question is now on agreeing to the report of ELECTION OF PRESIDENT .AI-.TJ> VICE-PRESIDENT. the committee of conference. . Mr. GROSVENOR. I demand the yeas and nays. Mr. CALDWELL. I submit the report of the committee of confer The SPEAKER. Under the rules of the Honse, 30 minutes areal ence on the bill with reference to the electoral count. lowed for debate; 15 minutes in support of the report, and 15 minutes The report was read, as follows: in opposition to it. If no gentleman wishes to take the floor, the Chair The committee of confer~nce on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 9) to fix the day for the meeting of will submit the question to the House. the electors of President and Vice-President, and to provide for and regulate The yeas and nays were not ordered. the counting of the votes for President and Vice-President, and the decision o! The conference...report was agreed to. questions arising thereon, ha.vin~: met, after full and free conference have ngreed to recommend and do recommend to their respective Houses as follows: Mr. CALDWELL moved to reconsider the vote by which the confer That the Senate agree to the amendments of the House numbered 1 and 2. ence report was agreed to; and also moved that the motion to· reconsider That the Senate agree to the amendment of the House numbered 3 with an be laid on the table. runendment, to wit: On page 3,line 80, insert in the sentence proposed by the House to be inserted in the bill, after the word "been," and before the word The latter motion was agreed to. "cel'tified," the word "lawfully;" and that the House agree to the same. PUBLIC BUILDING .AT FORT SCOTT, K.A~S. That the Senat-e agree to the amendment of the House numbered 4, with an Gmendment to wit: In lieu of the words stricken out by the House insert the Mr. DIBBLE 'SUbmitted the following report: following: 1• but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by The committee of conference on the disagreeing votes of the two llouses o~ clecto1-s whose appointment has been so certified;" and that the House agree the amendment of the House to the bill (S. 1386) for the completion of a public to the same. building at Fort Scott, Kans., having met, after a full and free conference have That the Senate agree to the amendment of the House numbered 5, with an agreed to recommend and do recommend to their respective Houses as fol- amendment, to wit: In lieu of the words proposed to be stricken out and to be lows: • · inserted insert as follows: "the two Houses shall concurrently decide were cast That the Senate recede from its disagreement to the amendment of the House by lawful electors appointed in accordance with the laws of the State, unless numbered I, and ~ee to the same with an amendment as follows: In line l, the two Houses, acting separately, shall concwTently decide such votes not to strikeout the word "twenty-five" nnd insert the word "forty;" and the Senat-e be the lawful votes of the legally appointed electors of such State. But if the agree to the same. two Houses shall disagree in respect of the counting of such votes, then, and in SAMUEL DIBBLE, that case, the votes of the electors whose appointment shall have been certified N.D. WALLACE, by the executive of the State, under the seal thereof, shall be counted;" and W.H. WADE, Umt lhe Hou e agree to the same. Managers on thepat·e ofthe House, ANDREW J. CALDWELL, WILLIAI\f ?IIA.HO~E, JOHN R. EDEN, P.B.PLU?Iffi, W. C. COOPER, • G. G. VEST, Managers on the part of the House. Managers on the part of the Stllale. GEO. F. HOAR, GEO. F. EDMUNDS, - The following sta:tement accompanying the conference report, under JAMES L. PUGH, the rules, was read, as follows: · Managers on the part of the Senat-e. The managers on the part of the House on the disagreeing votes of the two The SPEAKER. The statement of the House conferees which ac Houses on the amendment of the House to the bill (S. 1386) for the completion of a public building at Fort Scott, Kans., present the following statement, in companies this report will be read. accordance with the rules, to accompany the_conference report: The Clerk read as follows: The bill, as it came from the Senate, provided for an increase of $50,000, makin~; .Amendment numbered 1: The effect of the House amendment numbered 1 is the total appropriation for Fort Scott, Kans., S100,000. The House amended by simply to correct a clerical error which omitted the article "a." before the word striking out" fifty" and inserting" twenty-five," which would make the total "controversy," and its effect is simply to restore it and preserve the sense of the appropriation $75,000. The effect of the conference report, if agreed to, will be sentence. an increase of 340.000 instead of" fi(t,y-thousand" proposed by the Senate, and Amendment numbered 2: Amendment numbered 2 was put npon the bill by "twenty·fi\e thousand" proposed by the House. the House, and strikes out the words, in lines 20 and 21, "and the names of the · SiliUEL DIBBLE, persons, if any elected," the effect of which is to prevent the President of the N.D. WALLACE, Senate from domg1 more than announcing the state of the vote as ascertained W.H.WADE, nnd delivered to him by the t-ellers; and such announcement shall be deemed a ..Managet·s on tll.e part of the Ilou e. sufficient declaration ofthe persons, if any, elected President and Vice-President. The report wns agreed to. -1887. CONGRESSIONAL RECORD-HOUSE.· 669
Mr. DIBBLE moved t.o reconsider the vote by which the report was Whole Honse on the Private Calendar, and, with the accompanying agreed to; and also moved that the motion to reconsider be laid on the report, ordered to be printed. table. • HARMON DAY. The latter motion was agreed to. Mr. HAYNES, from the Committee on Invalid Pensions, reported FEES FOR PASSPORTS. back with favorable recommendation the bill (H. R. 9611) granting The SPEAKER. A bill (S. 3014) relative to fees for passports was a pension to Harmon Day; which was referred to the Committee of the erroneously referred to the Committee on the Judiciary. If there be Whole House on the Private Calendar, and, with the accompanying re no objection, that committee will be discharged from the further con p~rt, ordered to be printed. sideration of the bill, and it will be referred to the Committee on For- .ADVERSE REPORTS. - e1gn Affairs. Mr. HAYNES, from the Committee on Invalid Pensions, also re There was no objection, and it was ordered accordingly. port& baek with adverse recommendation House bills of the follow· The SPEAKER. The next business in order is the call of commit ing titles; which were severally ordered to be laid on the table, and tees for reports of bills of a private nature. the accompanying reports printed, namely: .ADVERSE REPORT. A bill (H. R. 7422) to increase the pension of James C. Daggett; Mr. MILLER, from the Committee on Banking and Currency, re A bill (H. R. 10125) granting an increase of pension to Sarah F. ported back adversely the bill (H. R. 1530) for the relief of the Mer Bridges; . chants' National Bank of Poughkeepsie, N. Y.; which was laid npon A bill (H. R. 8173) granting a pension to Addison Morrill; and . the table, and the accompanying report ordered to be printed. A bill (H. R. 9454) granting a pension to Emily C. Stannard• U1·. HAYNES, fi:om the Committee on Invalid Pensions, also reported ELIZABETH GLASSBRENER .AND MARY GLASSBRENER. back with adverse recommendation Senate billsofthe following titles; Mr. MATSON, from the Committee on Invalid Pensions, reported which were severally referred to the Committee of the Whole House on back favorably the bill (H. R. 10093) for the relief of Elizabeth Glass the Primte Calendar, and the accompanying reports ordered t.o be· brener and Mary Glassbreneri which was referred to the Committee printed, namely: of the Whole Hou..c:;e on the Pnvate Calendar, and, with the accompany A bill (S. 2570) granting a pension to Horace W. Brownell; and ing report, ordered to be printed. A bill (S. 475) granting a pension to Mrs. Bridget Rush. SE:YATE BILLS REPORTED FAVORABLY'. CHANGES OF REFERENC.ES• . Mr. MATSON, from the Committee on Invalid Pensions, also reported On motion of Mr. HAYNES the Committee on Invalid Pensions was back favorably Senate bills of the following titles; which were sever discharged from the further consideration of the bill (H. R. 10123) for any referred to the Committee of the Whole House on the Private Cal the relief of Ansyl Potter, and the same was referred to the Committee endar, and, with the accompanying reports, ordered to be printed: on War Claims. A bill (S. 2009) granting a pension to David A. Ireland; and On motion of Mr. MORRILL the Committee on Invalid Pensions was • A bill (S. 2196) granting a pension to Dillian Vandeventer. djsc'Q.arged f.tom the further consideration of the bill (H. R. 9351) for DR-. .A. L.A:Y~TJNG. the relief of J. D. Ash, and the same was referred to the Committee Mr. MATSON, from the Committee on Invalid Pensions, also re on Pensions. ported back with amendment a bill (S. 1102) granting an increase of l\ITS'ERV.A .ABBEY. pension to Dr. A. Lanning; which was referred to the Committee of the Mr. MORRILL, from ihe Committee on Invalid Pensions, also re~ Whole House on the Private Calendar, and, with the accompanying ported back with a favorable recommendation the bill (H. R. 10103) report, ·ordered to be printed. · granting a pension to Minerva Abbey; which was referred to the Com .ADVERSE REPORTS. mittee of the Whole House on the Private Calendar, and, with the M.r. MATSON, from the Committee on Invalid Pensions, also re accompanying report, ordered to be priated. ported pack adversely bills of the following titles; which were sever .ADVERSE REPORTS. ally laid on the table, and, with the accompanying reports, ordered to Mr. TAULBEE, from the Committee on Invalid Pensions, reported be printed: back, with an adverse recommendation, bills of the following titles; A bill (S. 1248) granting a pension to John Jr!. Young; which were severally ordered to be laid on the table, and the accom A bill {S. 134) granting an increase of pension to Shadrach Brown; panying reports printed, namely: A bni (S. 2129) granting an increase of pension to John W. Wills; A bill (H. R. 8798) granting a pension to Thomas J. Hays; A bill (S. 1720) granting a pension to John Thrasher; A bill (H. R. 4745) granting a pension to WilliamS. Bewley; A bill (S. 861) granting a pension to John B. Skaggs; A bill (H. R. 3684l granting a pension to James H. Taylor; A bill (S. 2039) granting an increase of pension t{) 1m Miller; and A bill (H. R. 8882 for the relief of John Campbell; A bill (S. 860) granting an increase of pension to John N. Runyan. A bill (H. R. 5769 granting a pension to Sarah F. Harvey; CHANGE OF REFEREXCE. A bill (H. R. 9305l for the relief of Henry H. Haggard; A bill (H. R. 9310 toincreasethepensionofEdwardJ. Buddington; On motion of Mr. MATSON, the Committee on Invalid Pen~ns was A b~l (H. R. 3967 grant~ng a pe~ion to Samuel 0. Hancock; and discharged from the further consideration of the bill (S. 2435) granting A btll (H. .f?. 4831) grantmg a pensiOn to Robert Ray. · a pension to Henrietta M. Drum Hunt; and t:Ite same was referred to the Committee on Pensions. ALPHEUS R. FRENCH.
:l\IRS. JULIA DE QUL~DRE. , Mr.' THOMPSON, from the Committee on Pensions, reported back .. ·Mr. LOVERING, from the Committee on Invalid Pensions, reported with a favorable recommendation the bill (S. 1582) for the relief of back favorably a bill (S. 2451) for the relief of Jrirs. Julia De Quindre; Alpheus R. French; which was referred to the Committee of the Whole which was referred to the Committee of the WholeHonsA on the Private House on the Private Calendar, and, with the accompanying report, Calendar, and, with the accompanying report, ordered to be printed. ordered to be printed. RECOlliDTl\IEN'T OF .A BILL. GEORGE R. HOOPER. Ur. STRUBLE. Mr. Speaker, I am directed by the Committee on Mr. LOVERING, from the Committee on Invalid Pensions, iuso re Pensions to ask the House to return t{) that Committee for further con ported back favorably a bill (8. 1838) to increase the pension of George sideration the bill (S. 1463) granting arrears of pension to Mary Helena R. Hooper; which was referred to the Committee of the Whole Honse Mahan. It now stands on the Calendar of the House under an adverse on the Private Calendar, and, with the accompanying repory, ordered to report. be printed. The SPEAKER. The request is not strictly in order at this time; llELEN PLUNKETT. but if there be no objection the Committee of the Whole House will Mr. LOVERING, from the Committee on Invalid Pensions, also re· be discharged from the further consider:ition of the bill, and it will be ported back favorably a bill (S. 757) grnnting a pension to Helen recommitted to the Committee on Pensions. Plunkett; which was referred to the Committee of the Whole Honse There was no objection, and it was so ordered. on the Private C?Jendar, a.nd, with the accompanying report, ordc1·ed to be printed. l\lALITTY ROSE. ADVERSE REPORT. Ur. WHITE, of Pennsylvania, from the Committee on Pensions, re Mr. LOVERING, from the Committee dn Invalid Pensions, also re ported back with a. favorable recommendation the bill (S. 2335) for the ported back adversely a bill (S. 1571) granting a pension to Abbie M:. relief of the heirs or Mali tty Rose; which was referred to the Commit Hay; which was laid on the table, and, with the accompanying report, tee of the Whole House oil the P1ivate Calendar, and: with the accom ordered to be printed: · panying report, ordered to be printed. ELIZABETH M. J. MEAGHER. M.ARGARE'.r R. JONES. Mr. LOUTTIT, from the Committee on Invalid Pensions, reported Jr1r. ELDREDGE, from the Committee on Pensions, reported back back with amendments the bill (H. R. 8463) granting a. pension to with a favorable recommendation the bill (H. R. 10082) to increase Elizabeth M. J. Meagheri which was referred to the Committee of the the·pension of Margaret R. Jones; which was referred to the Committee -·
670 CONGRESSIONAL RECORD-HOUSE. JANUARY 14,
of the Whole Honse on the Private Calendar, and, with the accom- courts to the city of Jackson, Miss.; which was referred to the Com- panying report, ordered to be printed. mittee of the Whole House on the Private Calendar, and, with the ac- DANIEL -n. wASHBURN. companying report, ordered to be printed. Mr. WARNER, ofl'tlissonri, from the Committee onClaims, reported PUBLIC BUILDING AT ALLENTOWN, PA. hack with a favorable recommendation the bill (H. R. 9754) for the l'tir. BROWN, of Pennsylvania., by unanimous consent, from the relief of Daniel B. Washburn; which wa.s referred to the Commit-We of Committee on Public Buildings and Grounds, reported back with a the Whole House on the Private Calendar, and, with the accompany- favorable recommendation the bill (H. R. 2135) to authorize the pnr- ing report, ordered to be printed. chase of a site and the erection of a suitable building for a post-office sA.l\IUEL P. EVANS. and other Government offices at the city of Allentown, Pa.; which was Mr. NEAL, from the Committee on Claims, reported back with a referred to the Committee of the Whole House on the state of the favorable recommendation the bill (S. 277) for the relief of Samml P. Union, and, with the accompanying report, ordered to be printed. Evans; which was referred to the Committee of the Whole House on BILLINGS .A~-rn cooKE CITY R!JLRO.AD COli!P.ANY. the Private Calendar, and, with the accompanying report, ordered to Mr. PEEL, from the Committee on Indian Affairs, reported back with be printed. amendments the bill (H. R. 9677) to authorize the Billings, Clark's CREW OF THE STE.A:~-IER PLANTER. Fork and Cooke City Railroad Company to copstruct and operate a rail- Mr. L DIAN, from the Committee on War Claims, reported back with way through the Crow Indian reservation, and for other purposes; which amendments the bill (H. R. 10323) for the relief of the pilot and crew was referred to the Committee of the Whole House on the Private Cal of the steamer Planter; which was referred to the Committee of the endar, and, with the accompanying report, ordered to be printed. Whole House on the Private Calendar, and, with the amendments and accompanying report, ordered to be printed. ORDER OF BUSINESS. B. B. CONNOR. Mr. SPRINGER. I move that the House now resolve itself into Committee of the Whole for the considerationofbills embraced in the Mr. RICHARDSON, from the Committee on War Claims, reported special order adopted to-day. back with a favorable recommendation the bill (S. 1537) for the relief The motion was agreed to. of B. B. Connor, of Louisville, Ky.;. which was referred to the Commit· The House accordingly resolved itself into Committee of the Whole, tee of the Whole House on the Private Calendar, and, with the accom Mr. MCMILLIN in the chair. panying report, ordered to be printed. WRECK OF THE ASHUELOT. H.E.InS OF .ARV .AH HOPKINS. The CHAIRMAN. The House is in Committee of the Whole for :M:r. RICHARDSON, from the Committee on War Claims, also the consideration of bills on the Private Calendar under the special reported back with a favorable recommendation the bill (S. 433) to order adopted this morning. The first business in order is the unfin provide for the payment to the legal representatives of Arvah Hopkins ished business, the title of the bill involved in which the Clerk will of the rent of certain property in Tallahassee, Fla., for the use of the read. Army; which was referred to the Committee of the Whole House on The Clerk read as follows: the Private Calendar, and, with the accompanying report,orde:red to be A bill (S. 250} for the relief of the sufferers by the wreck of the United States printed. steamer Ashuelot. LEHMAN, H.AYEM & TAYLOR. :M:r. HALL, from the -committee on Private Land Claims, reported The CHAIRMAN. The question is on the amendment offered by back with a favorable recommendation the bill (H. R. 988) for the relief the gentleman from Alabama [Mr. MARTIN], upon which the House of Lehman, Hayem & Taylor; which was referred to the Committee of was dividing. the Whole HoUHe on the Private Calendar, and, with the accompanying Mr. MARTIN. Mr. Chairman,· I ask leave to make a brief state report, ordered to be printed. ment before the vote is taken. The CHAIRMAN. That can only be done by unanimous consent. llEillS OF IIE~RY VOLCKER. Ur. BUCHANAN. Mr. Chairman, injustice to the bill, I think the Mr. HALL, from the Committee on Private Land Claims, also re gentleman from Alabama. should be allowed that privilege, and that I ported back with a favorable recommendation the bill (H. R. 2399) to should be allowed a few moments for a reply. confirm the title of the heirs or legal representatives of Henry Volcker, The CHAIR:I't1AN. Is there objection to the request of the gentle deceased, to a certain tract ofland in the Territory of New Mexico; which man f1·om Alabama? was referred to the Committee of the Whole House on the Private Cal There was no objection. endar, and, with the accompanying report, ordered to be printed. Mr. UARTIN. l'tlr. Chairman, since the House last had this bill .ANSON RUDD. under consideration I have received a letter from 111r. Entwistle, stating all the facts of the case, and I now ask that that letter may be read by :Mr. HALL, from the Committee on Private Land Claims, also re the Clerk, for the information of the House. ported back with a favorable recommendation the bill (S. 2504) to au The letter was read, as follows: thorize the Secretary of the Treasury to convey to Anson Rudd, of UNITED STATES STEAMSHIP 1\Im!msOTA, the State of Colorado, certain real estate in the county of Fremont! in New York, January 11, ISST. the said State; which was referred to the Committee of the Whole Sm: I noticed by the report of the late debate in the House on the .Ashuelot House on the Private Calendar, and, with the accompanying report, relief bill that you took a great interest in my behalf by endeavoring to have ordered to be printed. my name inserted in the bill so nato give me the benefit of its provisions along with the rest of the officers of that ill-fated vessel . .ADVERSE REPORT. .Allow me to sincerely thank you for your kindness, which shall ever be re Mr. HALL, from the Committee on Private Land Claims, also I'e membered, and at the same time to make a statement of the facts of the case for your further information. On the 18th of February, 1883, at 4.20 a. m., I ported back with an adverse recommendation the House resolution heard the hurried signal to stop the engines, followed by a great commotion asking information of the Secretary of the Interior in reL:'ttion to the on deck, which led me to believe that something was wrong, when I immedi application of Nathaniel L. Ard; which was la..id on the table, and the ately started for the engine-room, but before reaching there the ship had!!truck a rock with a tremendous crash. To ascertain whether or no the breach was accompanying report ordered to be printed. between the engine-room bulkheads I had the fioor·plates raised, and finding no water in the bilges, I concluded that the breach must be forward of the fire ACCOUNTS BETWEEN THE UNITED STATES .AND VER:\10~,. room bulkhead. At this moment I went on deck and report-ed to the command ing officer that the engine and fire-room bilges were clear of water, when I was :M:r. EZRA B. T.A. YLOR. I ask unanimous consent to be allowed to informed by him that the ship had struck forward of the bulkhead, and that the file a report from the Committee on the Judiciary. shipwasmakingwaterveryfast. Being unable to use the forward steam-pumP. There was no objection. to clear the forward compartment of water, nothing could be done but a walt Mr. EZRA B. TAYLOR, from the Committee on the Judiciary, re events, which culminated at the expiration of f01·ty minutes from the time the ship struck. portedas a substitute for the bill (H. R.10568) to provide for the sett.le When the captain gave the order "All hands abandon ship" I was at his side ment and a{}justment of all claims and demands between the United when I immediately proceeded to the engine-room and ordered all officers and men to their boats. and before leaving my department I sa.w every man on States and the State of Vermont, growing out of expenditures made deck, and so reported the fact to tho commanding officer. dnring the war of the rebellion, ·a bill (H. R. 10669) authorizing the All these facts were proved by evidence before the court of inquiry as settlement and adjustment of all claims anu demands between the ordered by Admiral Clitz by order of the Secretary ot the Navy, and before the general court, the former having exonerated me from all blame in connection United States and the State of Vermont. &c.; which was read a first with the loss oft he ship. · I was also honorably acquitted by the first decision of and second time, referred to the Committee of the Whole on the state the geneml court, which decision was not approved of by 1~dmiral P. Crosby, of the Union, and, with the accompanying report, ordered to be printed. who had a. short time previously relieved Admiral Clitz in command of the squadron, but was returned for reconsideration; and after some fifteen or twenty The bill(~. R. 10568) was laid on the table. minutes' deliberation I was found guilty of "neglect of duty," and sentenced TRANSFER OF PROPERTY AT JACKSON, MISS. to one year's suspension from duty and to retain my present number on the register during that time. :Mr. WADE, from the Committee on Public Buildings and Grounds, It appears, and was afterwards shown, that the charge of neglect of duty repor-ted back with a favorable recommendation the joint resolution against me was based upon the loss of one of my men, although the man was not on watch at the time th ship struck, nor had he been in the fire-room for (H. Res. 97) authorizing and directing the Department of Justice to four hours previous to the sinking of the ship, but met his fate in the same man transfer certain rooms which have been occupied by the United States ner as the other ten poor ellows did whom no one is held responsible for. 1887. CONGRESSIONAL RECORD-HOUSE. 671
If not for the decision of that court I would have received my promotion I take the liberty of publishing with my remarks the report ma~e thirteen months ago, which in itself is sufficient punishment, to say nothing of the length of time that must still elapse before I am promoted, after an honor on this subject in the Forty-eighth Congress by the gentleman from able and creditable service of twenty-five years in the United States Navy. Virginia (Mr. WISE] on behalf of the Committee on Naval Affairs: Very sincerely, yow·s, The Committee on Naval Affair~. to whom was referred the bill (H. R. 7i64) for .TAltffiS ENTWISTLE, the compensation of certain officers of the Navy for losses of their property Passecl Assistant E ngineer, U. B. Naf)1J. by the loss of the United States steamer Ashuelot, have considered the same, non . .T. M. 1\IARTIN, :M. c., House of Representatives, lVash-ington, D. C. and report: '£hat the United States ~teamer Ashuelot left the harbor of Amoy, China, on Ur. MARTIN. After a very careful examination into all the facts February 17, 1883, for Swatow, China, and shortly after 4 o'clock on the follow of the case, it seems to me that if there ever was an instance in which ing morning was run upon some rocks off the southeast end of East Lamock Island, and in consequence thereof was lost. The fog was very thick at the n. man should beallowed to share in thereliefgiven to others involved, time of her striking, and the sinking of the ship thereafter was so sudden that. this is the case and this is the man. The facts of the case are very the officers and men were barely able to stlve themselves. In fact, 11 of the simple, and I think that when they are again brought to the attention crew went down with her and were lost. The survivors were able to save none of their personal effects, except such articles of clothing as they were wearing of the House the House will not be unwilling to let this man's name at the time of the disaster. By ord~r from Rear-Admiral J. M. B. Clitz, a court be inserted, and to permit him to share in the bounty that is granted ofinquiry was convened on board the United States flag-ship Richmond, at to these officers who have lost everything without any fault on their Hong-Kong, China, February 26, 1883, to inquire into the circumstances attend ing the loss of the United States st-eamer Ashuelot on the Asiatic station. After part. In addition to the statements which I made the other day, I wish diligent and thorough investigation and mature deliberation on the testimony to say that I am sustained in those statements by the report made to recorded on the trial, this court reached the conclusion- the House in the Forty-eighth Congress by M:r. WISE, then and now " '£hat the loss of the said vessel was mainly due to the fact of want of can• tion on the part of Commander H. E. Mullan, United States Navy, then com o. member of this House. The officer in command of the vessel was manding the said vessel, in that no specific directions for speed were given in the court-martialed upon three charges-drunkenness on duty, improperly nightordersofthel7thofFebrn:ary,and thatthedangerousLamockislandswere hazarding the vessel under his command so that she was run upon a steamed for in foggy weather, and with a possibility of variable currents; and that the loss of the said vessel did not occur through the instrumentality or rock and lost, and neglect of duty. The vessel went down, as Mr. the neglect or inattention of any other officer or officers, or any other person of Entwistle states in this letter, within forty minutes after she struck the the said United States steamer Ashuelot." rock. There was, therefore, no time for those on board to save ~ny of Afterwards Commander Horace E. Mullan and Pa!!sed Assistant Engineers Robert R. Leitch and James Entwistle, whowe1·e officers serving on the Ashue their possessions, and everything went to the bottom with the vessel. lot at the time of the disaster, were arraigned and tried before a. general court This was due to carelessness on the part of the commander, who was m art.ial which convened May 2, 1883, on board the United States flag-ship court-martialed and dismissed from the Navy. :Mr. Entwistle was a Richmond, at Hong-Kong, China, by order of Rea.r-Admiral Peirce Crosby, commanding the United States naval fol"ce on the Asiatic station. There were passed assistant engineer. He came and reported to the commander three chargE>,S against Commander Mullan, as follows: that his department was clear; that there was nobody there to be lost. "1. Drunkenness on duty. After that, a man who, as he states this morning in the letter which "2. Improperly hazarding the vessel under his command, in consequence of which she was run upon a rock and lost. has been read here, was not immediately connected with his depart · "3. Neglect of duty." ment, and who had not been on duty for hours, went back into that He was found gn:ilt.yofallthree charges, and sentenced "to be dismissed from department for the purpose of bringing out something which belonged the United States naval service," which sentence, having been approved by Rear-Admiral Crosby, was on the 6th da.y of .July, 1883,confirmed by the Presi to him, and there lost his life, without any fault upon the part of Mr. dent. It thus appears that the responsibility for the loss of the Ashuelot has Entwistle. _ been placed upon Commander Mullan by two courts. As to the two passed as The report of the first court-martial, which was held under the direc sistant en.rrineer8 mentioned above, it is sufficient to say that each was found guilty of • neglect of duty," consisting in a failure to see the officers and men tion of Rear-Admiral Clitz, was not approved by Admiral Crosby, who -of the enginee.r's department, who were at the time in the engine-room and fire had succeeded to the command of the squa-dron, and the matter was re room, sent up from below after all hands had been called to abandon ship, the referred. Then it waa that the court reached the conclusion th&t the Ashuelot being then in a sinking condition; and that Passed Assistant Leitch was sentenced "to be publicly reprimanded by the honorable Secretary of the commander of the vessel had been guilty of this misconduct, and he Navy,, and that Passed Assistant Entwistle was sentenced "to be suspended was court-martialed and dismissed from the Navy. The court also de from duty for one year on leave of absence pay, and to retain his present num clared that the two persons whose names I am now seeking to have put ber in his grade for that veriod., It is proper to add, in justice to these two of ficers, that the ~ding of th~ court was that the evidence ad~uced ~d not s~ into this bill were guilty, and recommended that one should be repri tain the allegation that the lives of the officers and men were 1m periled by their manded bytheSecretaryoftheNavy, and that the other, Mr. Entwistle, neglect of duty. The proceedings, findings, and sentences in their cases were whose letter has been read here, should be suspended for twelve months, approved by Rear-Admiral Crosby, who convened thecourtbywhich they were tried and condemned, and the sentence in eacll case was executed. receiving leave-of-absence pay during that time and retaining his num With these facts before them, the committee do not think that the proposed re ber. lief should be extended to Commander Horace E. Mullan, and Passed Assistant Mr. LONG. Found that they were guilty of what? Engineers Leitch and Entwistle; as to the first-named there can be no doubt, be cause he was adjudged to be responsible for the disaster by which the losses • Mr. MARTIN. Guilty of neglect of duty. Now it turns out that were occasioned. IDs name is omitted from the bill, and therefore it is unneces the charge of neglect of duty, so far as !vir. Entwistle is concerned, grew sary to say more in reference to him. And as to the two engineers, your committee out of the loss of this individual, who, without his knowledge, had are of the opinion that they also ought to be excluded from the provisions of the bill because found guilty of neglect of duty at a. time of great peril; when it was gone back into his department. incumbent upon them to be more than ordinarily activel prompt, brave, and If Mr. Entwistle had failed in his duty in that respect, and so had vigilant. Your committ-ee believe that it would furnish a oad precedent to re allowed this man to lose his life without any fault on his own part, the munerate them for their losses. A!>. to the other officers of the Ashuelot, it ap pears that they were guilty of no neglect of duty, and that the amounts proposed punishment inflicted was not commensurate with such an offense; but to be paid for their losses are not in excess thereof. the fact is that :Mr. Entwistle was not guilty of anything of the kind. Your committee therefore report back the bill (H. R. 7764) with the recommen That is to say he waa not responsible for the death of the man, as is dation that it do pass with the amendment incorporated therein as reported. shown by the report of the committee, which waa made after a most ~Ir. BUCHANAN. Mr. Chairman-- careful examination of the facts. Here is what Mr. WISE, a member The CHAIRMAN. Debate is not in order except by unanimous con· of the committee in the Forty-eighth Congress, stated for the committee sent. Is there objection to the gentleman from New Jersey being jn his report: beard in response to the gentleman from Alabama? The Chair hears It is prover to add, in justice to these two officers, that the finding of the court none. was that the evidence adduced did not sustain the allegation that the lives of the offi I - 672 CONGRESSIONAL REOORD-· HOUSE. JANUARY·· 14, orily' sour~ · of informati~n which I have), are that these two officers made out, and upon examination he was rejected by T. SinkS, surgeon, board of examiners of District N, Kansas, July 7,1864, when he was dropped from the were tried by court-martial, and were found guilty of neglect of duty. company rolls. There is due him for use and risk of horse and equipments One of them comes in to-day with a letter of his own, undertaking from date of last payment to June 20,1864, and be is indebted to the United to explain the circumstances. If that letter tells the truth, the find States, for horse equipments, $31. He was last paid by Major Bowen to Feb· roary 29, 1864.' ing of the court-martial was erroneous. It is for this Committee of the "The Adjutant-General says: Whole to say whether it will reverse the finding of that court-martial "• There would appear to be no objection to this bill becoming a law.' upon the ex parte statement of the convicted person. "The Secretary of 'Var, in his lett.e1· to the committee touching this case, says: In the first place, allow me to say that while this amendment pro " ' The legislation proposed by the bill (S. 160} is approved by this Depart- poses to insert the names of thes~ two gentlemen, one of them does not men~ , even come here with any statement whatever; and as to him the find "Your committee therefore, upon examining all the facts in the case, recom mend the passage of this bill." ing of the court-martial remaivs unchallenged. Why should his name Your committee therefore adopt said Senate report as the report of this-com- be put in? As to the other, we have his own unsupportea statement mittee, and recommend that the bill (S. 390) do pass. · of the facts. If he was not guilty, the only way for us to say so is t{) have before us all the testimony produced before that court-martial and On motion of Mr. GEDDES, the bill was laid aside to be reported to review it carefully and judicially. I undertake to say from my ob the Honse wiLh the recommendation that it do pass. servation that no officer of the Navy is convicted by any court of in HARRY I. TODD. quiry composed of naval officers without sufficient proof to warrant the conviction. The next business on the Private Calendar was the pill (S. 30) for Mr. WISE. The gentleman will allow me to state that the report the relief of Harry I. Todd, late keeper of the Kentucky penitentiary. which I mane upon this case in the last Congress from the Committee Mr. BRECKINRIDGE, of Kentucky. I move that_bill be laid aside on NavaJ Affairs was the unanimous report of that committee. to be reported to the House with the recommendation that it do pass. Mr. BUCHAN AN. I am obliged to the gentleman from Virginia for Ur. W ABNER, of Ohio. We certainly should know something about the statement that the report made by him from the Committee on it before doing that. Naval Affairs in the last Congress was unanimous; and I will add that Mr. SPRINGER. Let the report be read in this case before action the report which I made in this Congress from the Committee on Claims is taken. When the bill was before the Committee on Claims I was of is also unanimous. the opinion the income tax had been imposed on the salary of this offi Mr. WISE. I will sa.y further that we had before us all the pro cer, and therefore agreed to the report; but on careful examination I ceedings of the court-martial. find the income which he -returned while he was an officer of the State, :Mr . .BUCHANAN. I am further obliged to the zz;entleman for the namely, warden of the penitentiary, was the profit he made on the con information-which I repeat to the Committee of the Whole-that at vict labor of the penitentiary. That changes, it seems to me, the nature the time of the finding by the Committee on Naval Affairs they had be-. of the case. · fore them the whole proceedings of this court.martial. It is only jus Mr. WEA. VER, of Iowa. What is the amount claimed? tice to that committee to say that the inference is, and no doubt the Mr. SPRINGER. Thirty-five thousand dollars is the amount of in- fact is, that they carefully examined the whole of the record of the come tax he desires to recover. · court. martial. Mr. WEAVER, of Iowa. That would indicate his income was $350,- Mr. MARTIN. The gentleman will allow me to inquire whether' 000. . the Committee on Naval Affairs; in reporting this bill, did not dis Mr. BRECKINRIDGE, of Kentucky. No; it runs through a series tinctly state that the loss of the lives of the officers and men was not of years-$35,000 is the aggregate amount. . · dne to the conduct of these two men? Mr, WEAVER, of Iowa. . !tis the incometaxon$350,000, amount- !fr. BUCHANAN. That is true, as the gentleman has already said ing to $35,000. - in the course of his remarks; but the committee also say-I quote the M:r. BRECKINRIDGE, of Kentucky. It is the aggregate amount exact language of that unanimous report from the Committee on Naval for 1863,1864, 1865, 1866, and 1867. Affairs: Mr. WEAVE~, of Iowa. The aggregate of his whole income during those years must have been $350,000 to produce that amount. As to tbe two engineers, your commit.tee are of the opinion that they also ought ({) be excluded from t.he provisions of the bill, because found guilty of neglect Mr. BRECKINRIDGE, of Kentucky. I ask for the reading of the of duty at a time of great peril; when it was inP-umbent upon them to be more report, and then will take the floor and make an· explanation. It is than ordinarily active, prompt, brave, and vigilant. just as the chairman of the committee thought it was when he agreed Mr. -Chairman, I oppose the amendment upon two grounds: First, to the report, but it seems that a change of hearth¥ come over him that we ought not in this way to reverse the finding of that court-mar since. tial; and, secondly, that these gentlemen do not come here with so Mr. SPRINGER. Not a change of heart, but the correction of a • strong a case as to entitle them to endanger the relief which is granted mis~.ake. by this bill to these other and deserving claimants. 'fhe report (by Mr. BuCHANAN) was read, as follows: The question recurred on Mr. MARTIN's amendment. This case seems to have been repeatedly considered by Congress, and the Mr. MARTIN demanded a division. committee adopt the Senate report from the Committee on Finance, first session The committee divided, and there were-ayes 12, noes 54. Forty-ninth Congress, which is as follows: J.:lr. MARTIN. No quorum. [Senate Report ~o. 127, Forty·ninth Congress, first session.] The CHAIRMAN appointed as tellers Mr. MARTIN and Mr. Bu The Committee on Finance, t{) whom was referred the bi1l (S. 80) for the re CHANAN. lief of Harry I. '.rodd, late keeper of the Kentucky penitentiary, have had the same under consideration, and submit tbe following report : The committee again divided.; and the tellers reported-ayes 13, noes This case was reported favorably from the Finance Committee June 1, 1880; 72. it was also reported favorably from the same committee February 5, 188S, and _ Mr. MA.RTIN. I withdraw the point of no quorum. passed the Senate, but failed to pass the House of Representatives. As embody mg the present views of the committee, we beg leave to refer to and make part So the amendment was not agreed to. of this report Senate Report No. 683, Forty-sixth Congress, second session, and The Senate bill was laid aside to be reported to the House with the recommend the passage of the bill. · recommendation that it do pass. "The Committee on Finance, to whom was referred the bill (S. 1628) for the relief of Harry I. Todd, late keeper of the Kentucky penitentiary, have had The bill (H. R. 2110) for the relief of the sufterers by the wreck of the same under consideration, and submit the following report: the United States steamer Ashuelot was laid aside to be reported t{) the "Harry I. Todd was duly elected by the General Assembly of Kentucky Honse with the recommendation that it do lie upon th~ table. keeper of the State penitentiary, and held that position from March 9, 1863, until March 1, 1871. · H. A. MYERS. "He was eleeted under, and his duties, liabilities, and rights were prescribed by, chapter 922, e.n.acted in 1862, and chapter 20!5, enacted in 1867, of the laws of The next business on the Private Calendar was a bill (S. 390) for the that State. . relief of H. A. Myers. "He received no compensation except such profits as he might make iu selling The bill was read, as follows: the articles manufactured by the labor of the couvicts, over and above their sup port, the cost of materials, &c., and certain sums which he was required to pay Be i' enacted, &c., That the Paymaster-General of the United States Army be, into the treasury of the State by the laws under which he was elected. and he is hereby, required to cause to be :~~aid, out of any money appropriated, "Chapter 922 of the Laws of Kentucky declares: . or which may hereafter be appropriated1 for the payment of the Army of the " 'The keeper of the penitentiary shall hold his office for four years. United States, to H. A. Myers, late a pr1vate in the Eleventh Kansas Volun" * * • .. * * * teers, a sum that shall be equal to the pay of a private soldier from the 17th day "• If the keeper of the penitentiary fail or reruse to comply with the obliga of September, 1862, to July 7, 1~64, the date of his discharge ft·om the service of tions imposed on him by this act, or shall be guilty of any malfeasance in office, the United States, deducting therefrom any amount that may have been paid to the governo1· shall have full power, an~ it shall be his duty, to remove him him as such private soldier and any amount that may be due from him to the forthwith. - Government. • * * * * * :r. II I In the CVent Of the death Or remOVal from Office Of the keeper Of the peni The report (by Mr. GEDDES) was read, as follows: tentiary, the governor secretaryofsU\te,and auditor shall make a contract with The committee find the facts to be as stated in Senate repqrt No. 47, Forty a suitable person to take charge of the penitentiary according to the provisions eighth Congress, first session, wWch report is hereto annexed and made a part of this act until the next ensuing meeting of the General Assembly, and until a of this report, and is as follows: new keeper be elected and qualified.' "Hiram A. Myers was enrolled and mustered in September 17, 1862, as pri "These sections and various sections of chapter 2045, Laws of Kentucky, 18671 vate in Company D,·Eleventh Kansas Cavalry, and served honorably to July described the keeper as an officer subject to the control of the SU\te. · He was 7; 1864. The muster-out roll of his company, dated September 13.1865. says: required to and gave a bond as an officer to perform the duties of his office as ·• • This man enlisted in good faith, and served faithfully as a soldier from en required by law. . · . " , listment to July 7, 1864. His old enlistment papers were lost, new ones were "As keeper of the penitentiary he was required by the statut-e to keep the con- I 1887. CONGRESSIONAL . RECORD-HOUSE. 673 victsat labor, and for this purpose the State furnished buildings, machinery, &c., on manufacturers of every single one of these separate forms of manu for the manufacture of cenain articles, among them bagging, wagons, chairs, &c. ... While in the performance of his duties ns keeper from 1863 to 1869 he as facturing carried on in the penitentiary. This tax: he paid under a called upon by the United States intel"nal-revenue officials to pay taxes on ar protest. ticles manufactured by the convicts and sold by him. · The taxes were paid tin I do not think, .Mr. Chairman, that it is improper for me to say, for der prote11t, and a claim for refunding the amount paid was duly m~de to the Internal-Revenue Bureau. The papers aubmitted showed beyond a doubt that I know this gentleman very well, the son-in-law as well as the .stepson the articles were mR.tle exclusively by convict labor, and on being presented to of the late John J. Crittenden, that he was a man intensely in favor of the law officer of the Treasury, Hon. W. H. Smith, Solicitor, the claim wo.s al what was called in Kentucky at that time the Union; and he believed lowed July27, 1879; but the Commissioner thereupon submitted the case to C. P. James, and on his opinion the claim was rejected. that he ought not to raise any question under the conditions then pre "The present Commissioner of Internal Revenue declines to reopen the case, vailing as to the propriety of this tax if it were possible by any means under the rules of the Department that a. case once decided by a former Com to avoid it. He was also a prosperous mau at that time. The fortunes missioner cannot be reopened by a succeeding Commissioner, unless in certain contingencies, which the Commissioner does not think exist in the present case. of life have gone against him, and he is now not a prosperous man, and "The amounts of the taxes exacted by the United States officials and paid into he asks this Congress solely the privilege, not of any payment by it of the United States Treasury are as follows: the money which he had been required to pay into the TreaRury, but •'sTATEMENT OF TAXE!! ASSESSED AND PAID. simply the right to present this question of law to the Court of Claims, For 1863-'64. For manufacturing and sales of bagging and chail-s, and subject to an appeal to the Supreme Court, as to whether he ought tax for slaughtering animals to feed convicts ...... $2,320 25 tO 1865. Same, and manufacturer's license for cac!1 em ployment...... 6,691 64 under the law to have been compelled pay those taxes. 1866. Same ...... 17,751 99 The Supreme Court of the United States, in the case cited in 7 Wal 1867. Same ...... 4.481 00 lace, has decided, and indubitably decided correctly, that the compen 1868. Same ...... 3, 761 69 sation an officer of the State receives tor services rendered to the State 35,006 57 was not taxable by the United States Government. It was the old prin· .. Your comniittee are of the opinion that whether Mr. Todd was liable to pay ciple which had been decided years before, that the compensation re any part or all of the sums exacted is a question which should be decided by the ceived by an officer of the United States for·services rendered to the courts. The committee therefore report back the accompanying bi!J, with an amendment, and authorizing Mr. Todd to institute an action a,.ooa.inst ihe United United States could not be taxed by the authority of the State. States in the Court of Claims to recover the amount of said internal-revenue The whole question, then, in this case to be presented to the court of taxes alleged to have been improperly collected from him, and recommend its the United States is was this person in the language of the decision of the · Jltlssage.'' Supreme Court an officer of the State, and was the compensation that Mr. BRECKINRIDGE, of Kentucky. I yield to the gentleman from he received by profits- his proportion of the profits of the labor of con New Jersey whatever time he may want. victs-his compensation as an officer of the State. Undoubtedly, I can Mr. BUCHANAN. Mr. Chairman, inasmuch asthisreportwasmade say as a Kentucky lawyer, that if it was a proposition to be decided by by myselJfrom the Committee on Claims, and with the unanimous action the Kentucky courts there is no question that he would be decided to of the commitJ;ee, I deem it necessary tn say a word in explanation after be an officer of the State, and that this compensation was received as what has been said by the chairman of the committee. au officer of the State and for services rendered by him. That, Mr. It appeared before the committee that Mr. Todd was keeper of the Chairman, is the whole case; that is the sole question involved. · penitentiary of Kentucky, and that while such keeper the United States _ I reserve the remainder of my time. Government collected from him an income tax. KB.owing the decision Mr. WEAVER, of Iowa. Mr. Chairman, I feel constrained to op of the Supreme Court of the United States, that such collection was pose this bill because I think there is no equity in "it. This man en illegal, the bill was ordered to be reported favorably. I do not hesi tered the field of industry and saw proper to employ convict labor tate to say that had it come to my noti ·~e this compensation was not while the internal-revenue laws were in force. Others entered the field by salary or commission, but, as alleged nmv by the chairman of the of industry and saw proper to employ free Jaber, and they were subject committee, from profits on convict-made goods, I would for one have to the same provisions of law precisely, and, if they followed the same declined to vote for the report. I do not hesitate to say further that pursuits, must have paid exactly the same amoU.nt under like circum if this bill should pass and this question should go to the Court of stances and like incomes. Now the only privilege that is claimed for Claims under that state of facts, Mr. Todd will receive nothing what this man over an employer of free labor in open market is that he ever at the hands of that court. claims to have been an officer under the Government of the State of . Mr. WEAVER, of Iowa. Has this claimant paid any greater in Kentucky, and hence·was not liable under the internal-revenue law to come tax working convict labor than other citizens employing free pay this tax. I claim that there is no equity in that position. It is a labor? - mere technical advantage he had, if any, in that sense. I think the Mr. BUCHAl.'fAN. But as the facts were presented to the commit correct p6licy is, in this country, to tax incomes. All ought to· be tee, this was a public officer, and as such not liable to the payment of taxed over a given amount. In this case the amount was paid long any income tax upon his compensation; and whenanyotherindividnal years ago, and paid by an individual who was reooiving enormous profits presents a ·case of this kind the committee will, in my opinion, do as compared with those employing free labor. I am opposed to the right to consider it on its merits. whole convict-labor system, particularly to rewards for such labor; I deemed it simple justice to myself to say as much as I have with and this would be nothing but a reward to a person engaged i_n em reference to this matter. The gentleman from Kentucky (Mr. BRECK ploying that class of labor over and above his brother who employs INRrDGI!:] is much more familiar with the law of Kentucky governing freelabor. · their affairs than I am; and I yield the floor to him. I think the bill ought not to pass. Mr. BRECKINRIDGE, of Kentucky. Mr. Chairman, this is purely Mr. DINGLEY. Let me ask the gentleman from Iowa a question a question of law. There is no dispute whatever about the fact-s, and as to the matter of fact. Was this man employing this labor and ob it is simply a question as to what, under the internal-revenue law and taining the profits of it, or did they go to the State? the law of the State of Kentucky, ought to be the rights of this appli Mr. WEAVER, of Iowa. · They went to himself. cant. Mr. BRECKIN RIDGE, of Kentucky. I beg the gentleman's pardon; In 1862 or '63 Mr. Todd was elected keeper of the penitentiary of they did not. The State of Kentucky elected a keeper of the peni ten Kentucky, an office created by the laws of that State, which office is tiary. The convicts were at work inside the penitentiary; the ma filled by election by the Legislature for a given term of years, to wit, chinery belonged partly to the State, partly to the keeper. The sinking four years; bot there was no salary paid to the incumbent of the office fund commissioners lent $30,000 to the keeper to run the business, and under the name of salary; the only payment or allowance of compen he was obliged to keep those prisoners-to feed them, to clothe them sation was a certain proportion of the profits of the labor of convicts in and to pay to the Htate a sum of money that varied according to the the penitentiary, under the supervision of a board of inspectors and particular statute that might be in force. the sinking-fund commissioners. A certain ·amount was paid by the Mr. WEAVER, of Iowa. Only a deduction from his profits. keeper t<, the State, and the remainder, arising from the profits on the Mr. BRECKINRIDGE, ofKentucky. Sometimes $8,000, sometimes work done, was the sole compensation of the keeper. $16,000; more in one year, less in another. . He was nommated in the law as officer; be was elected by the Leg Mr. WEA. VER, of Iowa. In proportion to his profits. islature, and was removable for certain causes by the governor, and Mr. BRECKINRIDGE, of Kentucky. No; it was a fixed sum he all he could do and all that be did was in accordance with the pre had to pay. scribed provisions of the law or the rules and regulations made by the Mr. WEAVER, of Iowa. It came out of his profits. board of sinking-fund commissioners of the State. • . Mr. BRECKINRIDGE, of Kentucky. It might come out of his The amount of tax that he paid under the internal-revenue law was losses. not the income tax only, but it was claimed by the collector of internal Mr. WEAVER, of Iowa. :Cut you do not say it did. It was a tax revenue that he was liable for the manufacturer's tax on every form of he paid to the State of Kentucky, and be saw proper, with the internal manufactured article produced in that penitentiary. In the peniten revenue law pending over him and the law of the State of Kentucky tiary of that State were manufactured chairs and cabinet work of all 41 operation, to make this contract and employ this convict labor; and kinds; there was a bagging factory, a bucket factory, wagon factorj, I think he ought to pay his share of the burden. I now yield five min and various other foriDS of industry, and on all of these it was claimed utes to the gentleman from New Jersey [Mr. BucHANAN]. by the United States collector of internal revenue that he was respon Mr. BRECKINRIDGE, ot Kentucky. If the gentleman from New sible for taxes, not only for his own income tax but for the tax imposed Jersey will allow me, I will say that Mr. Todd never employed this XVIII-43 674 CONGRESSIONAL RECORD-HOUSE. JANUARY 14, convict labor at all. The convicts were in the penitentiary at work, ing suit in the civil cou.r~ against the collector for the illegal exaction and by the Ia.w of Kentucky they were confined in the penitentiary at of taxes. That remedy he did not pursue. hard labor. They were obliged, under the law of that State, to labor. Mr. PETERS. I would like to understand from some one who knows A keeper was elected by the Legi'slature and commissioned to supervise about it whether this party did not have the ri"'ht to go to the Court that labor which, by the sentence of the court, these prisoners bad ·to of Claims to recover this income tax within n. certain statutory time ? perform; and all in the world this man had to do was to see that that Mr. WEAVER, of Iowa. I suggest to the gentleman that if this labor was performed under his supervision; and out of the proceeds ot man had not that right he had the right to file his application for a the labor they were taken care of, not under his control, but under the rebate or refund of the tax within a certain time. · supervision of a board of State officers; and out of the remainder of the J\Ir. STEELE. And he could go to the civil court ruid recover. proceeds the State was paid a certain sum, and ifthere was any remainder lllr. PETERS. I do not care to consume any more time. he got it. Mr. WE.A. VER, of Iowa. . I yield now to the gentleman from illi- J\fr. WEAVER, of Iowa. I do not C.:'l.!e anything about the terms of nois [lli. SPRINGER). . the arrangement. These prisoners were under this man's supervision, Mr. SPRINGER. llfr. Chairman, I desire tp treat this case in a and, less certain taxes, he got the profits of their labor. I use the term purely judicial manner. I do not know the claimant, but I would be correctly when I say they were in his employment, or that he employed glad to furnish him any relief to which he is entitled. I do not think, convict labor. · however, that the case presents such a state of facts as justifies ns in I yield five minutes to the gentleman from New Jersey [Mr. BGCH even sending him to the Court of Claims. This tax levied upon him. ANAN], and reserve the remainder of my time. was on his income as a manufacturer) using the convict labor in the MT. BUCHANAN. I feel bound to express my opinion that if the penitentiary of the State of Kentuck-y. nder the law in force at that statement of fact now made by the gentleman from Kentucky [Ur. time, before the tax could be imposed, the manufacturer had the right BRECKINRIDGE] had been made before the Committee on Claims this to deduct all of his expenses, all of the taxes that he had paid to the bill would never have been reported. Sum it up and it amounts to pre State of Kentuck-y, or to the United States, and those sums were doubt cisely this: This man took that institution and its labor and ran it and le~ deducted from the gross amount of his income before the sum was paid the State a gross sum varying from time to time, being greater or reached upon which the income ta.x was assessed. The law provided, less as the statutes of that State provided. Was be not in business on I believe, that on aU sums over $10,000 of income, 10 per cent. should his own book? And if that be the <'.:l.Se, bow is he a State official? And be paid as the income tax. So it seems that during this period of four why out of those profits which remained in his possession after enough or five years this gentleman's income must have been quite large, as had been taken out to feed and clothe thCS{j prisoners and enough to pay the aggregate of taxes that be paid amounted to more than $35,000. the State the rnte agreed upon-why should there not be out of that Hence it appears that his net profits. as a manufacturer, after deduct sum an additional amount ~'\ken to pay the income tax. ing all taxes paid and all amounts paid to the State of Kentucky for The facts as they appen.red before the committee-and I feel bound the use of the prisoners, and also deducting his outlay fQr the subsist to say the gentlemen from Kentucky did not present those fact<; to the ence of the prisoners, for rnw material, &c., amounted during that committee-the facts as they appeared before the committee justified period to over S350,000. Now, as this gentleman was engaged in the the committee in believing this man was a State official, or at least that manufacture of chairs and other articles for sale, and as he probably he was so colorably such that the question ought to be determined by sold them, becaus~ he carried on his business from year to year, I as _ the Court of Claims. But according to the statement of the gentleman sume that, us these taxes were imposed and paid., he charged them up from Kentucky as just now made it appears to me he is not even col as a part of the cost of manufacture, and they were added to the price, ombly a. State official. so that when he sold the goods he actually got back this tax from the Mr. WARNER, of Missouri. Will t:ae gentleman permit me to ask consumers. Therefore, the consumers having repaid him this tax, if him a question? we pass this bill and he is permitted to recover again, it will be simply Mr. BUCHANAN. · yes, sir. a second recovery in a case in which the party has already been fully Mr. WARNER, of MissonrL Did this manufacturer pay any greater 1·eimbured. He must have charged up these taxes and expenses in tax than other manufacturers in the country at that time? that way, or else he probably could not have carried on the business, , Mr. BUCHANAN. I do not know; I do not suppose he did. B.nt but would have been compelled to throw up his contract, because the I know and the gentleman from ' Missouri knows that we did not un income tax amounted to 10 per cent. upon his net income over and derstand when the case was before the committee that this was a man above a certain amount; and as he did go on with this business from uihcturer. year to year,' the presumption is reasonable that be must have added Mr. WARNER, of Missouri. I wish ta ask another question in order these taxes to the price of his goods and recovered them from the con ·that this matter may be understood. Is not this a question of limita sumers. For these, and for other reasons which have been stated by tion-whether we will remove the statute of limitations which runs gentlemen who have spoken, I think this bill ought not to pass. against this party and send him to the court with an equitable claim? Mr. REED. I wish to suggest to the gentleman from illinois [lli. Mr. WEA.VER, of Iowa. I yield five minutes to the gentleman from SPRINGER] that it is quite doubtful whether it is witbin the power of Illinois [.Mr. EDEN]. a mannfacture1· to compel his customers to pay anything and everything Mr. EDEN. Upon an examination of this report it occurs to me that he chooses to charge up. I should think that the price of an article in this is not an income tax, but it is a manufacturer's tax, just such as the market would depend somewhat on the competition that was en everybody else had to pay who was engaged in the s3.me line of manu countered. facture as Mr. Todd was. And I su~pose under the internal-revenue Mr. SPRINGER. It would depend on several things. One element laws, as they then existed, all persons engaged in similar work had to would be competition, another would be the cost of production. pay a similar tax, and that ~he amount of the tax was paid out of the Mr. REED. Why do you as.. ternal Revenue. The only way in which this man could have pro corollary either1 do you? ceeded to recover was by paying the tax under protest, and then bring- · Ur. BRECKINRIDGE, of Kentucky. No, sir. 1887. OONGR.ESSIONAL REOORD- HOUSE. 675 Now, 1\fr. Chairman, as I said before, this is a pure question oflaw. I do not agree with my ·friend from Illinois [Mr. SPRINGER] in his There is no question here as to whether convict labor ought or ought conclusion that he could charge over whether the people wanted to buy not to be employed. The qu~tion is simply a question of law. Was or not. I know other manufacturers who were making fortunes at this man subject to that tax? And what we ask is that this Congress that time bad to pay their income taxes. In that way be was on a remit that question of law to the courts. No argument which has been par with the balance. When income taxes are laid all over the coun offered on this floor answera that appeal. A citizen without means of try on manufacturers, prices increase on goods. As a matter of fact redress comes to the door of Congress, and says: "An injustice has b~n the price of commodities rose as the taxes increased. Higher prices done me in the name of the law; I ask that I may be permitted to go were paid for commodities. They could not so cheaply be produced. to the courts of law to have it determined whether such injustice But be had the advantage of cheap labor, and made $350,000. He was or was not done." No form of appeal to prejudice in reganJ to was a citizen of the United States at that time, and was, like every convict labor, no argument as to whether the tax improperly collected other good citizen, bound to bear his proportion of the burdens of the may have been added to the cost of production, is a fair and just an Government. Now that be has failed since be paid that tax, to make swer to this appeal. My friend from lllinois, though he says be takes his case an exception and to have refunded to him the amount he paid, I his position in a judicial spirit, demands that a man shall be con would remind gentlemen this will not end there, for there are other demned unheard. The gentleman, having in his hands the power to manufacturers who were engaged in business at the same time who paid perpetuate the wrong, will not give an opportunity by opening his income taxes and who have since failed, and they will also ask to have hand to see whether there has been a wrong or not. the income taxes paid by them during those years also refunded to Without assuming to be much of a lawyer, I affirm that this man them. - was not a contractor, but an officer. He had to be elected by the votes It strikes me when we consider the fact that this tax was not put of the Legislature of Kentucky; he had to be commissioned; he bad upon this man as the keeper of the penitentiary in the State of Ken to be qualified. He bad not absolute control of the laborers whom he tucky, but as a manufacturer who had made $350,000 out of this con employed, but acted under the supervision and inspection of the State. vict labor in pursuit of his occupation as a manufacturer, it is absurd He did not, therefore, occupy in any sense the relation of a manufact we should give him any standing in this House by proposing to refund urer in the ordinary use of the term. He was an officer of the State, to him the income tax which he paid like every other citizen at the charged with certain duties. In accordance with the system adopted same time engaged in the same way. in that State-whether wise or unwise, I do not choose to argue-the lli. BRECKINRIDGE, of Kentucky. I move that the bill be laid convicts in the penitentiary are sentenced to confinement at bard labor, aside to be reported to the House with the recommendation that it do which they perform under rnles and regulations prescribed by a board pass. of officers appointed by the State. The persons thus convicted and The committee divided; and there were-ayes 26, noes 49. sentenced to bard labor must besupervised bysome one; and the mode So the motion was disagreed to. adopted by the State-whether wise or unwise, is not a question here lli. SPRINGER. I move that the bill be laid aside t o be reported was that a warden, called a keeper, shonld be elected, and shonld be to the House with the recommendation that it do not pass. charged with the payment for the supplies necessary to take care of The motion was agreed to. them, and that his compensation should be somewhatdependent upon A. A . THOMAS. his mode of doing this. The next business on the Private Calendar was a bill (S. 391) for the Upon that compensation a tax has been levied. Now, under t.he de relief of A. A. Thomas. cision of the Supreme Court of the United States and under the broad The bill was read, as follows: line of demarkation between the St. and sale, The Government bid it in, and subsequently sold it for the same amination and report. The claimant did make the examination in a manner amount. atisfactory to Mr. Kelley and the Government, visiting and examining one Suit was also brought on the distiller's bond, and judgment obtained after the hundred and five distilleries, which occupied him from December 28, 1886, to death of McDowell, the junior partner of Powell & Co., for $1,586. 56, which cov February 16, 1867, a period of fifl:.y-one days. The money actually expended by ered the 1·eassessment, penalty, and interest. Powell, the surviving partner, him for necessary expenses amounted to $444.25; his compensation $204, which paid $206.28 on the judgment in 1874, and the Commissioner of Internal Rev account was approved by Collector Kelley. enue ordered that it be no further enforced. After having completed the examination, ~he claimant made a full report to The United States district attorney, 1\:lr. Bateman, who had cha.rgc of the suit l't!r. Kelley and the Commissioner of Internal Revenue, both of whom stated upon the bond, states in a letter before the committee that the defendants offered that the work was done satisfactorily. Mr. Kelley told him to make up his ac to show the facts as to the erroneous reassessment, but the court ruled out the count and he would approve it and the Commissioner pay it. Some time later evidence, holding under the law the reassessment to be conclusive in the suit the claimantdidmakeouthisaccount,presenteditto !llr. Kelley, who approved upon the bond. The district attorney declares it to be his opinion that the re it, and then he forwarded it to the Commissioner. The Commissioner returned assessment was in fact illegal, and that if the parties had paid it they would it with a blank form, saying that when it was made out according to this form have been entitled to recover back the money. - it would be paid. The claimant made it out accordingly and forwarded it again The seizure and the first and subsequent sale of the property by the Govern to the Commissioner, in whose bureau it remained ti111875 before be received Jl]ent were made while the claimant was absent from the State of Ohio; were any definite answer about it. Then he was informed that his claim was rejected without his knowledge, and he bad therefore no opportunity to bid in the prop on the ground that Mr. Kelley should have paid him from his own compensa erty or procure it to be done, or to appeal for relief to the proper officer of the tion, according to section 3148 United States Revised Statutes, which provides Treasury Department. that- • The committee are of the opinion that the claimant is entitled to receive from "Each collector shall be authorized to appoint "' "' * as many deputies as the Government the sum of $498.54, the amount named in the bill, made up of he may think proper, to be by him compensated for their ser-...ices." the following items: .For original overpayment, ~.76; the amount received by Mr. Gray appealed from this ruling, and in a later con ideration of the case Government on sale of property, $226.50; the amount paid by Powell, as sur by the Revenue Bureau it was held that Mr. Kelley was paid for such special viving partner, on the jude;ment rendered upon the bond, 8206.28; and that the work by special allowances under the provisions of section 314l> of the United judgment in the action in.,the bond should be satisfied, and Powell & Oo., and States Revi~md Statutes, which reads: ,V. H. Powell, as survivor, and their and each of their sureties, relieved from "The Secretary of the Treasury may make such further allowances from time further liability and obligation, of every kind, in the premises. to time as may be reasonable in cases where, by reason of the territorial extent It is proper to mention the fact that the claim embracing the items last above of the district or the amount of internal t-axes collected, or other circumstances, mentioned was reported favorably by the Committee on Ways and Means of it may seem just to make such allowances." the House of Representatives, in the Forty-fourth, Forty-fif\b, and Forty-sixth It was further held that he should have submitted Mr. Gray's account in his Congresses. It was also reported favorably by the Senate Committee on Claims estimates for additional allowances to the Treasury Department, and because in the Forty-seventh and Forty-eighth Congresses, and the bill passed the Sen l'tlr. Gray's account did not come to the Department in that way it was notal ate on the 2d day of Jnne, 1884. lowed; and, further, that the a-ct of February 8, 1875, providing that "no such The committee 1·ecommend that the bill be amended by inserting after the allowance shall be made except within one year aft.er such services are per word "Powell," in the fourth line, the words "surviving partner of the firm formed," left the Department no means then of paying the claim. ofW.H.Powell&Co.;" also, byinserting after theword "Ohio," where the It was also stated that the clainl should be paid, but that it could not be with aa.me occurs in the twelfth line thereof, the words "and in full satisfaction of out further legislation. all claims of the said W. H. Powell & Co. against the Government of the United It is plainly established that Mr. Kelley did not submit Mr. Gray's account to States, in·any manner arising out of the said assessment, and the seizure and the Department in his own because he did not know but that it was just as cor· sale, or loss, of said property,'' and that as so amended the same do pass. rect for Mr. Gray to submit his account direct to the Department as it would be for him (Kelley) to send it in with his, The CHAIRMAN. The question is: Shall the bill be laid aside to be Secretary Bristow, in a. letter to the claimant, said: reported to the House with the recommendation that it do pass. "While the DeparLment recognizes the justice of compensating you for your services, there is at this time no appropriation available for that purpose, and The question being taken, it was decided in the negative. Congress must pass a. special act for your relief before any allowance can be made to you." - ORDER OF BUSINESS. In Senate report 918 of the first session of the Forty-eighth Congress, made by Mr. WILLIS. The claim of n. B. Connor has been reportM favor- Mr. Sheffield, of the Committee on Claims, section 3145 of the United States Re vised Statutes is confounded with section 3148. The latter section does provide ably by the Committee on War Claims, and the Honse bill which that collectors shall pay deputies out of their own compensations. But section stands on the Calendar has just been passed over. There is a Senate 3145 provides that extra. allowances may be made to collectors in certain oases bill identical with the House bill, the bill (S. 1537), and I ask, if it be where it may seem necessary, and the Revenue-Bureau, in its last considera tion of the case, finds that it was under this section Gray was employed and in order, that the Senate bill be substituted for the Honse bill, and that would have been paid had it not been for the mistake in the manner of the pre· it be now considered. sentation of his a-ccount. The CHAIRMAN. Is there objection to the request of the gentle It is evident to your committee that Mr. Gray was properly and regularly em· ployed; that he did his work in a manner satisfactory to all concerned; that the man from Kentucky? amount of the compensation he asks is reasonable; that it has not been paid Mr. JOHNSON, of Indiana. I desire to make a parliamentary in him because it came to the Department directly from him instead of through quiry. Does not the order provide that we :Shall take up the Senate Mr. Kelley. It is undisputed that the Government received the benefit of his labors and bills on the Calendar in their order? The only objection I have to the expenditures, and your committee are of the opinion that the claimant should request of the gentleman from Kentucky is that, if we agree to it, we be paid, and therefore recommend the passage of the bill. open the door to many similar applications. The bill was laid aside, to be reported to the House with the recom The CHAIRMAN. The Chair will state that the order of the Honse mendation that it do pa.ss. under which the Committee of the Whole is proceeding does not reg ulate the order in which the Senate bills shall be taken up. But the JADEZ BURCHARD. order of business is that they shall be taken in their order. The Chair The next business was the bil1 (S. 570) for the relief ofJ abez Burchard. [ • submitted the request of the gentleman from Kentucky so as to allow The bill was read, as follows: the committee to act upon it. Unanimous consent is necessary. Does Be it enacted, &c., That the proper accounting officers of the Treasury be, and they are hereby, authorized and directed to allow to Jabez Burchard, assistant the gentleman from Indiana [Mr. JOHNSON] object? engineer on the retired-list of the United States Navy, an amount which, with Mr. JOHNSON, of ~diana . I do. payments heretofore made to him, will be equal to75 per cent. ofthe sea-pay of the grade or rank held by him at the date of his retirement by a naval board of EDWAY A. GRANT. the United States Navy; saida.mounttobe paid outofany money in the United States Treasury not otherwise appropriated, and to take effect from and after The next business on the Private Calendar was the bill (S. 267) for the date of his retirement by said naval board. the relief of Edway A. Grant. Mr. WARNER, of Ohio. I ask that the report in that case be 1\Ir. BROWN, of Ohio. Mr. Chairman, I ask that that bill be laid read. aside informally, not losing its place on the Calendar. The report (by Mr. SowDEN) was read, as follows: There was no objection, and it was so ordered. The Committee on Claims, to whom was referred the bill (H. R. 2026) for the WILLIA!l! H. GRAY. relief of Jabez Burchard,-having had the same under consideration, respectfully submit the following report: The next business on the Private Calendar was the bill (S. 165) for A bill for the relief of Jabez Burchard passed the Senate in the Forty·sixth the relief of William H. Gray, of Kentucky. Congress, but was not reached on the Calendar of the House. The bill, as now introduced, provides that the proper accounting officers of the Treasury be, and The bill was read, as follows: they are hereby, authorized and directed to allow to Jabez Burchard, assistant Be it enacted, &e., That the Secretary of the Treasury be, and he is hereby, di engineer on the retired list of the United States Navy, an amount which, with t-ected to pay William H. Gray, or his legal representative, out of any moneys payments heretofore made to him, will be equal to 75 per cent. of the sea. pay of in the Treasury not otherwise appropriated, the sum of $M8.25, the said sum of the grade or rank held by him at t,he date of his retirement by a naval board of money being the payment in full to the said William H. Gray for services ren the United States Navy; said amount to be paid out ofanymoneyin the United dered to the Government of the United States, while under the orders and in States Treasury not o_tberwise appropriated, and to take effect from and after the employment of the officers thereof, during the month of December in the the date of his retirement by said na'"al board. 1\Ir. Burcbard·entered the United St-ates Navy March U, 1865,as acting third year 1866 and the months of January and February in the year 1867. assistant engineer. He served five months on the monitor Na.ubuc; was detached in and orde.red to the United States steamer Powhatan. He served a little over two Mr. EDEN. I ask for the reading of the report that case. yea1-s and six months on this steamer; was detached and granted one month's The report (by Mr. HowARD) was read, as follows: leave of absence, and was honorably discharged. He 1·e-ent.ered tho Navy Sep That they have examined the same and have adopted the report of the Com tember 1,1870, as second assistant engineer, and was ord~red on special duty at mittee on Claims in the Senate as their own, and report said bill back to the League Island, Pennsylvania; detached from there January 1L,1872, and ordered House, and recommend that it do pass without amendment: which report of to the United States monitor Terror, at Havana.. While attaohed to this monitor the Senate is as follows: at Key West, Fla., in July, 1872, he was taken with an affection of the eyes, was examined by a board of medical officers, condemned, and sent home. After [Senate report No. 97, Forty-ninth Congress, first session.l remaining on sick-leave for nearly a year he reported as fit for duty, and was The Committee on Claims, to whom was referred the bill (S. 165) for the relief ordered to join the United States steamer Tuscarora, at San Francisco. After of,Villia.m H. Gray, having considered the same, submit the following report: joining this ship he was again attacked with aft"ection of the eyes, and was again That the Commissioner of Internal Revenue, under the date of December 21, condemned by a medical survey and sent home. After his arrival home be 1866, directed B. M. Kelley, collector of internal revenue for the seventh district placed himself under the treatment of Dr. P. D. Keyser, an eminent oculist, who of Kentucky, to make an examination of the distilleries in said district, and if pronounced his disease to be one of the worst forms of inflammation of the retina.. he could not perform the duty in person, to send a competent and trustworthy 'Vbile in this condition he was ordered before the retiring board at 'Vashington, deputy, Under these instructions he appointed the claimant to make the ex- under sections 1448 to 14M, Revised Statutes. 1887. ·CONGRESSIONAL RECORD-HOUSE. 679 Those sections (!rovide that a retiring board shall find and report the cause of So far as my recollection of this service goes, it is very doubtful an officer's incapacity. If the board finds it to be the result of an incident of service the officer is paid three-fourths of the sea pay of his grade, under the whether the right to remain on the retired-list, even at this rate, has first clause of section 1588 of the Revised Statutes, which for an assistant engi been earned, but this bill proposes to increase the pay which the law neer is 1,275 per annum (see section 1556, Rev. Stat.). If the board finds that allows him. on the retired-list, from $850 to $1,275 a year, and, if I un the incapacity is not due to incident of service the officer is retired on furlough pay, which is fixed by section 1593, ·Revised Statutes, at one-half of leave-of derst-and it correctly, the increase is to be made retroactive, extending absence pay. back to 1874, covering $4,000 or 5,000 of arrears. I will say nothing In Mr. Burchard's case the board made the following negative finding: of the disability, but I am satisfied that this bill has not such merit NAVAL RETIRING BOARD, as to commend it to the Honse, and I therefore move that it be reported Washington, D. C., October 12,1874. back with the recommendation that it be indefinitely postponed. Sm: We have examined Jabez Bm·chard, assistant engineer, United States Mr. SPRINGER. M:r. Chairman, this bill, I think. ought to have Navy, and find him affected with chronic retinitis. He had been twice con demned by medical survey of disease for the eyes, and there is no evidence on some further investigation, and pending the motion of the gentleman record that his disability originated in the "line of duty." He is at present from Ohio, if he will permit me, I will move that the committee now unfit for duty, and, in our opinion, is permanently incapacitated to perform the rise. duties appropt·iate to his commission. Respectfully, &c., 1\fr. MORRISON. Ob, no. Let us dispose of this bill. GEORGE PECK, The motion of Mr. W ARNEn, of Ohio, was agreed to, and the bill MedicaL Inspector. was indefinitely postponed. DAVID KINDLEBERGER, United States NavaL Surgeon. Mr. SPRINGER. I move that the committee do now rise. Commodore J. W. NICHOLSON, The motion was agreed to. President NavaL Retiring Boa1·d. The committee accordingly rose; and Mr. HAMMOND having taken This finding, being construed to mean that Mr. Burchard's disability was not the chair as Speaker pro tempore, Mr. Mcl!ttiLLIN reported that the Com caused by incidentofservice,he was, on the 26thof0ctober,1874,retired on fur mittee of the Whole House, having had under consideration the Private lough pay, which for his grade amounted to $.')()()per annum. 1\lr. Burchard applied to the Secretary of the Navy, asserting that he had been Calendar, had instructed him to report back sundry bills with various wholly unprepared with evidence before the retiring board toshowthathis dis recommendations. abiJity originated in the line of duty. Upon a full examination of the case the Secretary wrote the following letter : UNITED STATES STEAl\IER ASHUELOT. NAVY DEPARTMENT, Washington, March 1, 1877. The :first business reported from the Committee of the Whole was the Sm: Upon a full review of all the facta in the case of Assistant Engineer Jabez bill (S. 250) for the relief of .the sufferers by the wreck of the United Burchard, United States Navy, the Department is of the opinion that the causes States steamer Ashuelot. which incapacitated him for active duty were incident to the service, and that he should receive the higher rate of pa.y allowed to retired officers by section 1588 The bill was ordered to a third reading; and it was accordingly read of the Revised Statutes. the third time, and passed. Very respectfully, &c., Mr. BUCHANAN moved to .reconsider the vote by which the bill GEO. M.. ROBESON, Secretary of the Navy. was passed; and also moved that the motion · to reconsider be laid on Ron. S. J. W. TABOR, the table. FoU1·th Auditor of the Treasury. The latter motion was agreed to. In accordance with the supposed authority of this letter, the accounting offi The House bill (H. R. 2110) for the relief of the sufferers by the cers paid 1\lr. Burchard at the three-quarter rate ($1,275 per annum) from the wreck of the United States steamer Ashuelot was laid on the· table. date of his retirement to 1878. It was then decided by the Second Comptroller that the SecretarY had no authority to review the finding of the retiring board, II. A. MYERS. which had been once approved, and M.r. Burchard's pay was again reduced to $>00 per annum. The President thereupon nominated M.r. Burchard to the The next business reported from the Committee of the Whole was Senate for transfer from the furlough to the retired-pay list, under section 1594 the bill (S. 390} for the relief of H. A. Myers. of the Revised Statutes, and he was confirmed. The question was taken on ordering the bill to a third reading, and This section is a re-enactment of section 3 of the act of January 16,1857 (11 Stats., 154), a reference to which will clearly show that it was intended to cor it was decided in the negative. rect the possible mistakes of a retiring board in the case of an officer whose dis I. ability had been erroneously found not to have arisen from an inci-dent of serv HARR.Y TODD. ice. By subsequent acts, however, retirement had been provided for other The n~xt business reported from the Committee of the Whole was causes than physical disability, and the pay of officers retired for such miscel laneous causes was fixed in the second clause of section 1588 of the Revised Stat the bill (S. 30) for the relief of Harry I. Todd, late keeper of the Ken utes at one-half of the sea-pay of their grades. The Comptroller decided that tucky penitentiary. Mr. Burchard's transfer, by nomination and confirmation, under section 1594, Mr. BRECKINRIDGE, of Kentucky. I move to recommit that bill only operated to give him this one-half pay, or $850 per annum, instead of three fourths pay allowed by the first clause of section 1588. to the Committee of the Whole. Beiieving this decision erroneous, 1\Ir. Burchard brought suit in the Court of Mr. SPRIN-GER. As the bill will go to the foot of ·the Calendar Claims for the difference between $850 and $1,275 per annum, but the court af under that motion, I do not think it necessary to oppose it. firmed the decision of the Comptroller. ll9 Ct. Cls. Reps., 137.) In this suit the Government set up a counter-claim of some $2,500 on account 1\Ir. BUCHAN AN. Even the foot of the Calendar is a dangerous of the difference between $500 and $1,275 per annum, paid M.r. Burchard under place for such a bill. the authority of the Secretary of the Navy, above quoted, between the date of Mr. WEAVER, of Iowa. Yes; it is dangerous. his retirement and the date of b.is transfer. While this counter-claim was dis missed, the reasoning of the court in its opinion shows that they regarded it as The question was taken on the motion to recommit; and there were well founded. The Government thereupon appealed to the Supreme Court, ayes 50, noes 45. where the case is now pending. Mr. WEAVER, of Iowa. No quorum. The committee are of the opinion that the court was correct in deciding that the Secretary of the Navy could not review the finding of the retiring board, The CHAIRMAN. The point of no quorum being made, the Chair conceding that finding to have been such as is required by the law, lt would will appoint the gentleman from Kentucky (l\Ir. BRECKINRIDGE] and therefore appear that this officer, receiving a salary of$850 per annum. upon the gentleman from Iowa [Mr. WEAVER] to act as tellers. which he and his familly are totally dependent, and who is prevented by his disability from doing any work requiring the use of his eyes, will be condemned 1\fr. WEA. VER, of Iowa. Mr. Chairman, I withdraw the point of to pay some $2,500 out of his meager salary on account of the mistake of the no quorum. Secretary of the Navy in not having him transferred by nomination to the Sen The CHAIRMAN. The point that no quorum has voted is with ate in the first place, instead of attempting to regulate his pay by a letter to the Fourth Auditor. drawn. The ayes have it, and the bill is recommitt-ed. While the committee do not dispute the correctness of the decision of the court, A.. A. THOMAS. that an officer transferred under section 1594 is entitled only to half-pay instead of three-quarters pay, they believe that it was the intent of the law now em The next bill reported from the Committee on the Whole on the Pri . bodied in sect ion 1594 to fully correct the mistakes of a retiring board, which vate Calendar was the bill (S. 391) for the relief of A. A. Thomas. can only be done by giving the transferred officer the pay he would have re ceived if his disability had been found, in the first place, to have originated in The SPEAKER pro tempore (Mr. HAMMOND). This bill bas been the line of duty. reported from the Committee of the Whole with a recommendation that Your committee therefore report the accompanying bill, which will give Mr. it pass. Burchard the pay of an officer of his grade retirecifor disability incident to the service (namely, $1,275 per annum) from the date of his retirement, and recom- The bill was ordered to a third reading, was accordingly read the mend its passage. · third time, and passed. Mr. TAULBEE moved to reconsider the vote by which the bill was Mr. WARNER, of Ohio. Mr. Chairman, there are some things about passed; and also moved that the motion to reconsider be laid on the this bill which I think do not commend it to favorable consideration. table. If I understand the bill, it proposes to change the rating of an officer The latter. motion was agreed to. on the retired-list of the Navy and to give him an increase of pay be yond what the law entitles him to. Not only that, but the increase is ESTATE OF :J. :J. PULLIAM. made retroactive; it goes back to the date of his original discharge, i11 The next bill reported from the Committee of the Whole on the Pri 1874, and involves, I think, some four or five thousand dollars. I had vate Calendar was the bill (S. 605) for the relief of the estate of J. J. occasion to look into this claim in the Forty-eighth Congress, where it Pulliam, deceased. · was reported adversely. The facts, as I remember them, are about The SPEA.KER pro tempore. This bill has been reported from the these: This assistant engineer, after a very briefservice, was discharged Committee of the Whole with a recommendation that it be laid on the or lefb the Navy; then he was received back and was retired by a med table. ical board for disability on an allowance of $500 a year; or rather he l\Ir. ZA.CH. TA.YLOR. I move to non-concur in the report of the was furloughed at that rate. Afterwards he was placed on the retired Committee of the Whole. Let the bill go over, retaining its place list at $850 a year, where be now stands. on the Calendar. 680 CONGRESSIONAL RECORD-HOUSE. JANUARY 14., Mr. SPRINGER. The motion of the gentleman from Tennessee retary of War, we did not regard any extended considemtion of the [Mr. ZACH. TAYLOR] is unnecessary, as theobjectcan be reached, if a tacts as very material. majority so desire, by a negative vote on concurring in the report of Mr. BRAGG. I insist on my objection. The bill has received the the f'ommittee of the Whole. unfavorable action of the House, and a motion to reconsider ha.c; been The SPEAKER pro tempore. The question is, shaH this bill be laid laid on the table. on the table? The SPEAKER pro tempore. Objection being made, the motion of J.Ir. ZACH. TAYLOR. I hope that will not be done. the gentleman from Illinois [Mr. SPRINGER] ca.n not be entertained. The question being taken, there were-ayes 30, noes 39. Mr. TOWNSHEND. I rise to a parliamentary inquiry: Is not a So the motion was not agreed to. motion to reconsider the action of the House upon this bill in order? Mr. STEELE. I askunanimousconsent that this bill be recommitted The SPEAKER pro tempore. A motion to reconsider has been made to the Committee of the Whole House on the Private Calendar, reta.in and laid on the table. Therefore the motion is not now in order. ing its place on the Calendar. Mr. TOWNSHEND. As I understand, the question taken was on Mr. SPRINGER. I object. I would not object to recommitting laying the bill on the table. Is not a motion to reconsider in order the bill to the Committee on War Claims. I make that motion. now? The motion of Mr. SPRINGER was agreed to; there beipg-ayes 40, The SPEAKER pro tempo1'e. The House refused to order the bill to noes 33. be read a third time. Then there was a motion to reconsider and to MESSAGE FROM THE SENATE. lay that motion on the table, which was agreed to. The Chair thinks that perhaps the object can be reached by a motion for a conference A message from the Senate, by Mr SYMPSON, one of its clerks, upon the disagreeing votes of the two Houses. announced that the Senate had disagreed to the amendment of .the Mr. STEELE. Is the motion to non-concur in the action of the House to the bill (S. 1458) to provide for holding terms of the circuit House not in order? and district courts of the United States for the eastern district of Mich The SPEAKER pro tempore. The Chair is of opinion it is not. The igan at Bay City, in said district; asked a conference with the House que.'ltion has been disposed of, the motion to reconsider having been laid on the disagreeing votes of the two Houses, and had appointed as con on the table. ferees on the part of the Senate Mr. WILSON, of Iowa, Mr. INGALLS, WILLIAM ERVIN. and Mr. GEORGE. The amendment of the Committee of the Whole House on the Pri H. .A. MYERS. vate Calendar to the bill (S. 542) for the relief of 'Villiam Ervin wa.S 1\Ir. SPRINGER. There was a misapprehension in regard to the agreed to, and the bill as amended was ordered to a third reading; and bill (S. 390). Before making a statement in regard to it, I ask the it wn.s accordingly read the third time, and passed. ' Clerk to read the title of the bill. Mr. SAYERS moved to reconsider the vote by which the bill wa8 The Clerk read as follows: na~sed; and also moved that the motion to reconsider be laid on the .A bill (S. 390) for the relief of H. A. Myers. table. The latter motion was agreed to. 1\Ir. SPRINGER. This bill was reported wit·h a favorable recommen WILLIAM H. GRAY. dation from the Committee of the Whole; but by misapprehension it was laid on the table, having been confounded, I presume, with another A bill (S. 165) for the relief of William H. Gray, of Kentucky, re bill soon afterward reached, in regard to which. the recommendation ported from the Committee of the Whole House on the Private Calen was that it lie on the table. There was no objection to the passage of dar favorably, was ordered to a third reading; and it was accordingly this bill. read the third time, and passed. The SPEAKER pro tempore. The House refused to ~rder this bill to Mr. SPRINGER moved to reconsider the vote by which the bill w~ be read a third time. passed; and also moved that the motion to reconsider be laid on the Mr. SPRINGER. I move to reconsider that action, in order that t.able. this bill may receive the favorable consideration of the House. The latter motion was agreed to. The SPEAKER pro tempore. A motion to reconsider was made, and J ABEZ BURCHARD. was laid on the table. lflle question next recurred on the bill (S. 570) for the relief of Jabez .Mr. SPRINGER. Then I ask unanimous consent thattheaction of Burchard, reported from the Committee of the Whole House on the the House upon this bill may be revoked. There was certainly a mis Private Calendar with the recommendation that it be indefinitely post apprehension. There is no opposition to the bill. poned. The SPEAKER pro tempore. The gentleman from Illinois asks Mr. SPRINGER. Let that be laid upon the table. unanimous consent that the order laying on the table the motion tore The SPEAKER pro tempore. It was report~d to the House with tha consider the vote by which the House refused to orde1• this bill to a recommendation that it be indefinitely postponed. · third reading may be vacated. Is there objection? Mr. SOWDEN. I demand a division on that question. Mr. STEELE. Before that question is determined, I would like to The House divided; and there were-ayes 44, noes 4. he:u what the bill is. Mr. SOWDEN. No quorum. Mr. SPRINGER. Let tbe bill be read. The SPEAKER pro tempore appointed as tellers Mr. SOWDEN and The bill was read, as follows: Mr. PETTIBONE. Be it enacted, &c., That the Paymaster-General of the United States .Army be, l\Ir. BLAND. Evidently we have no quorum, and I mo\·e the House nnd be is hereby, required to cause to be p:~.id, out of any money appropriated, donowadjourn. [Criesof"No!" "Oh, yes!"] or which may hereafter be appropriated, for the payment of the Army of the The House divided; and there were-ayes 72, noes 57. United States, to H . .A. Myers. late a private in the Eleventh Kansas Volunteers, a sum that shall be equal to the pay of a private soldier from the 17th day of Mr. CUTCHEON. If this carries, will it not cut off the evening September, 1862, to JuJy 7, 1864, the date of his discharge from the service of session? the Unit~d State.~. deducting therefrom any amount that may have been paid to The SPEAKER pro tempore. It will. him as ~uch private soldier, and any amount that may be due from him to the Government. Mr. ROWELL. I demand the yeas and nays on the motion to ad journ. The SPEAKER pro tempore. Is there objection to the request of the The yeas and nays were ordered. gentleman from illinois? Mr. BUCHANAN. Let me inquire of the Chair whether, if this mo Mr. BRAGG. I object. tion be carried, it will not dispense with the evening session for the Mr. SPRINGER. I hope that the gentleman f.rom Ohio [Mr. consideration of pension hills? GEDDES] who reported this bill may be permitted to make a statement. The SPEAKER pro tempore. It will. The SPEAKER pro tempore. The gentleman can do so by unanimous The question was taken; and it was decided in the negative-yeas consent. Is there objection? The Chair hears none. 65, nays 107, not voting 147; as follows: Mr. GEDDES. Mr. Speaker, I am well satisfied that the unfavor YEAS-65. able action of the House on this bill must have been taken under some Allen, J. :M'. Croxton, J..anham, Stewart, Charles misapprehension. I did not notice at the moment that any action was Ballentine, Culberson, 1\'Ia.rtin, Stone, W.J.,Ky. Barksdale, Dar~n, McCrea1-y, Storm, being called for, or that this partir.ular bill was before the House. Barnes, Dav1dson, R. H. M. McMilli.n, Taylor, J.l\I. Upon the reading of ihe report, I think every member would give his Blanch:~.rd, Dunn, McRae, Th rockmort.on, assent to the measure. The Adj n taut-General and the Secretary of War Bland, Eden, Miller, '.rill man, Blount, Gay, Mills, Trigg, have recommended the payment of this claim. The bill proposes to Boyle. Gibson, C. H. Morrison, Turner, pay to a private soldier an insignificant amount for about four months: Bragg, Gla.~. Neal, Van Eaton, service actually performed by him. The soldier was examined by a Breckinridge, 0. R. Halsell, Peel, Wallace. B1·eck inridge, 'VOP Hammond, Richardson, Wellborn, surgeon, was dropped from the roll, or left the service, and in that way Cabell, Hemphill, Rogers, '\>Vbeeler, lost pay for about four months. I do not recall all the fact.~ connected Caldwell, Hudd, Aayers, Winans, with the case; but the sum which the billproposes to pay is very small. Catchings, Hutton, Seymour, Wise. Clements, Irion, Shaw, . I was entirely satisfied, as was the committee, that the claim is just. Comstock, Jones,J.H. Singleton, .As pa-yment w-as recommended by the Adjutant-General and the Sec- Crisp, Kleiner, Springer, 1887. - CONGRESSIONAL RECORD-HOUSE.- 681 NAYS-107. Mr. BARRY with Mr. W A.KEFIELD. Adams, G. E. Felton, McAdoo, Steele, • Mr. LOWRY with Mr. LAIRD. Anderson, J. A. Fleeger, McKenna, Stephenson, Atkinson, Ford, Morrill, Stone, W. J., Mo. Mr. CoWLES with Mr. BURROWS. Bliss, · Frederick, Morrow, Strait Mr. WARD, of Illinois, with Mr. CASWELL, Boutelle, Fuller, Neece, Struble, Mr. ROBERTSON with Mr. BUCIC Brady, Geddes, 0' Ham, Swinburne, Brown,C.E. Green, R. S. O'Neill, Charles Tarsney, Mr. BENNET!' with Mr. PERKINS. Brown,W.W. Guenther, O'Neili,J.J. Taulbee, Mr. ERl\IENTROUT with Mr. RICE. Buchanan, Hall, Osborne Taylor, Za.ch. Mr. LE FEVRE with Mr. W .ARNER, of MissoUri. Bunnell, Haynes, Outhwaite,1 Thomas, J. R. Butterworth, Hepburn, Owen, Thomas, 0. B. Mr. RANDALL with Mr. RYAN. Bynum, Hermann, Parker, '£ownshend, Mr. DAWSON with Mr. HENDERSON, of Iowa. Campbell, J. M. Hill, Peters, Tucker, Mr. HERBERT with Mr. KELLEY. Campbeli,J.E. Hires, Pettibone, Van Scha.ick, Campbell, T.J. Hitt, Pindar, Wade, Mr. HENDERSON, of North Carolina, with Mr. GROSVENOR. Cobb, Holmes, Pirce, Wadsworth, Mr. SNYDER with Mr. HANBACK. Conger, Hopkins, Plumb, Ward, T.B. Mr. WORTHINGTON with Mr. BAKER Cutcheou, Howard, R andall, ·wa.tner,A.J. Davenport, James, Reed, Weaver,J.B. Mr. O'FERRALL with Mr. MOFFATT. Dingley, Johnston, J. T. Riggs, Weber, The result of the vote was then announced, as above recorded. Dorsey, La Follette, Romeis, West, The SPEAKER pro tempore. The tellers will resume their places. Dunham, Lawler, Rowell, White, 1\lilo Ellsberry, l.ehlbacb, Sawyer, Wilkins, Mr. MORRILL. I move that the House now take a recess until Ely, Libbey, Scranton, Willis, - half past 7 o'clock this evening, for the consideration of the special Evans, Long, Seney, Wolford, _ order fixed for Fridays. ' Everhart, Lyman, Sowden, Woodburn. Farquhar, · Mahoney, Spooner, The SPE~KER pro tempore. That motion is not in order while the House is "dividing. NOT VOTING-14.7. Mr. TOWNSHEND. I ask unanimous consent that the House now A.uams, J. J. Dibble, Jones,J.T. Phelps, t.'tke a recess until the hour fixed for the evening session. Aiken, Dockery, Kelley, Pidcock, Mlen,C.ll. Dougherty, Ketcham, Ranney, Mr. ROGERS. I object. Anderson, C. M. Eldredge, King, Reagan, Mr. SOWDEN. I will withdraw the demand for a quorum, in order 13acon, Ermentrout, Laffoon, Reese, t o permit a. motion to be made to take a recess. Baker, Findlay, J..aird, Rice, Barbour, Fisher, Landes, Robertson, The SPEAKER pro tempore. The Speaker has decided that a motion !Jarry, Foran, J,eFevre, Rockwell, to take a recess pending a division is not in order. Jlayne, Forney, Lindsley, Rusk, Mr. SPRINGER. But the gentleman withdraws the point of no Belmont, Funston, Little, Ryan, Bennett, Gal-linger, J.-OI'e, Sadler, quorum. Hingham, Gibson, Eustace Lout tit, Scott, The SPEAKER pro tempore. The Chair did not hear the withdrawaL Bound, Gilfillan, J..overing, Sessions, If the point of no quorum is withdrawn, the Chair will announce the Browne, T. M. Glover, Lowry, Skinner, Brumm, Goff, Markham, Smalls, result of the vote just taken. Buck, Green, ,V, J. Matson, Snyder, - Mr. MORRILL. I now renew my motion that the House take a Burleigh, Grosvenor, Maybury, Spriggs, recess until half past 7. Burnes, Grout, 1\:lcComas, Stahlnecker, Burrows, Hale, McKinley, Stewart, J. W. Mr. SOWDEN. I withdraw the point only for that motion. Campbell, Felix Hanback, Merriman, St. Martin, The SPEAKER pro tempore. The Chair will then announce the vote Candler, Harmer, Millard, Stone,E.F. . on the motion to postpone indefinitely the consideration of the bill, Cannon, Harris, Milliken, Swope, Carleton, Hatch, Mitchell, Symes, which was 44 in the affirmative and 4 in the negative. Caswell, llayden, Moffatt, Taylor, E. B. 111r. SOWDEN. If that will dispose of the matter I renew the point. Clardy, Heard, Morgan, Taylor, I. H. Mr. SPRINGER. Can not the gentleman reach his object by enter· Collins, Henderson, D. B. Muller, Thompson, Compton, Jienderson, J. S. Murphy, Viele, ing a motion to reeonsider? Let that motion be entered, then the Cooper, Henderson, T.J. Negley, 'Wait, House can take a recess, and the motion to reconsider will bring it up Cowles, llenley, Nelson, 'Va.kefield, at any time the gentleman chooses to call it up within the time fixed Cox, S. S. Herbert, Norwood, 'Vard,J.H. Cox,W.R. Hiestand, Oat-es, Warner, William by the rule. Crain, Hiscock, O'Donnell, Weaver,A.J. The SPEAKER pro tempore. That motion can be entered, of course. Curtin, Holman, O'Ferrall, White, A. C. Mr. BUCHANAN. I rise to a parliamentary inquiry. Daniel, Houk, Payne, Whiting, Davidson, A. C. Jackson, Pa-yson, Wilson, The SPEAKER pro tempm·e. The gentleman will state it. Davis, Johnson, F . A. Perkins, W orlhington. Ur. BUCHANAN. Is the order for a session on Friday evenings a Dawson, Johnston, T. D. Perry, continuing order; and if the House remains in session until 5 o'clock So the House refused to adjourn. will it not then be the duty of the Chair to announce the House in re· During the roll-call, cess until the hour fixed for the evening eession? On motion of Mr. MORRISON, byun.animous consent, the reading of The SPEAKER pro tempore. It will then take a recess. The 5 the names was dispensed with. . o'clock order is still in force, and when that honrarrives the Chairwill Mr. GREEN, of New Jersey. I am paired with Mr. HARMER, but necessarily declare the House in recess until half past 7. not regarding this as a political question, learning he would vote 11 no'' The point of order of no quorum being insisted upon, the tellers will if present, I have recorded my vote in the negative. resume their places and continue the count. · 'l'he following pairs were announced until further notice: 111r. SPRINGER. Ithinkthis all can be arrangednow. The point, Mr. FELIX CAMPBELL with Mr. JOHNSON, of New York. I believe, of no quorum will be withdrawn if it can be understood that :Mr. SPRIGGS with Mr. HOUK. the motion to reconsider shall be pending. Mr. CmiPTON with Mr. STEW .ART, of Vermont. Mr. MORRISON. No ; nothing can be understood now. Let us Mr. GIBSON, of West Virginia, with Mr. GOFF. continue until 5 o'clock. Mr. MORGAN with Mr. ZACH. TAYLOR. Mr. STEELE. I demand the yeas and nays on the motion to in· l\1r. HOLMAN with Mr. CANNON. definitely postpone the bill. Mr. KING with M.r. BROWNE, of Indiana. The SPEAKER pro tempore. That is the pending motion. Mr. PIDCOCK with Mr. GILFILLAN. l'llr. STEELE, Mr. BUCHANAN, and others demanded the yeas and Mr. REAGAN with 1\Ir. HISCOCK. nays. Mr. MITCHELL with Mr. WHITING. The yeas and nays were ordered. l'lfr. CANDLER with Mr. WEST. Mr. BUCHANAN. Pending the execution of the order of the House Mr. DANIEL wit.h Mr. HENDERSON, of Illinoin. for the yeas and nays, would it be in order to move to take a recess? Mr. WILSON with Mr. MCCOMAS. The SPEAKER pro tempore. It would not. The Clerk will call the Mr. FORNEY with Mr. PAYNE. roll. A-ir. Cox, of New York, wit.h Mr. PAYSON. The question was taken; and there were-yeas 91, nays 35, not vot .... Mr. GLOVER with Mr. GALLINGER . ing 193; as follows: Mr. .JONES, of Alabama, with Mr. BURLEIGH, until January 17. YEAS-91. .1\Ir. BARBOUR with Mr. ROCKWELL, until Monday next. Adams, G. E. Bynum, Eden, Howard, · !tlr. VIELE with Mr. HIESTAND, until Monday next. Allen, J.l\I. 0a.bell, Everhart, Hutton, Ballentine, Caldwell, Frederick, Irion, :Cur this day: - Barnes, Clements, Fuller, James, Mr. LAFFOON with Mr. NELSON. Bland, Croxton, Glass, Jones,J. H. Mr. MULLER with Mr. LITILE. Blount, Culberson, Hall, Kleiner, Boyle, Cutcheon, Halseli, La Follette, Mr. GREEN, of New Jersey, with Mr. HARMER. Brady, Davenport, Hammond, Lanham, Mr. STAHLNECKER with Mr. WADE. Bragg, Davidson, R. H. M. Hermann, Louttit, Mr. JoHNSTON, of North Carolina, with Mr. ALLEN, of Massachu Breckinridge,WCP Dingley, . Hill, Martin, Brown, C. E. Dorsey, Hitt, McAdoo, setts. Brown, \V, W. Dtmn, Hopkins, McCreary, 682 CONGRESSIONAL RECORD-HOUSE. JANUARY 14, McKenna, Pettibone, Storm, Wadsworth, EVENING SESSION. McMillin, Pinder Struble, Ward,T.B. McRae, Richardson, Swinburne, Warner, A. J. The recess having expired, the Honse reassembled at 7.30 p.m., Mr. Miller, Rjggs, Swope, Weaver,J. B. DocKERY in the chair as Speaker pro tempo're. , Milliken, Rome is,. Taulbee, Weber, The SPEAKER pro tempore directed the following commanication Mills. Rowell, Taylor, J. M. Wellborn, Morrison, Spooner, Taylor, Zach. Wheeler, from the Speaker to be read: Morrow, Steele, Thomas, 0. B. 'Vilk.ins, January H., 1887. O'Neill, Char}es Stewart., Charles Triggs, Willis, I hereby designate Hon. A.M. DocKERY, a Representative from the State ot Peel, Stone, W. J., Ky. Turner, Winans. 1\lissourl, to preside at the session of the House this evening. Peters, Stone, W. J., Mo. Van Eaton, J. G. CARLISLE, Speaker. NAYS-35. ORDER OF BUSINESS. Anderson, J. A. · Guenther, O'Neill,J. J. Seney, Atkinson, Haynes, Osborne, Smalls, The SPEAKER pro tempore. The Clerk will read the special order Buchanan, Hires, Outhwaite, Sowden, under which the House meets this evening. Bunnell, Holmes, Owen, Springer, The Clerk read as follows: Butterworth, Johnston, J. T. Parker, Strait, Ely, 1\lorrill, Plumb, Townsend, Resowed, That on each Friday the House shall take a recess from 5 o'clock p, Evans, Neal, Reed, White, Milo m. until 7.30 p.m., at which evening sessions private bills grantin~ pensions re Fleeger, Neece, Rogers, Wolford. ported from the Committee on Invalid Pensions and the Committee on Pen Ford, O'Harn., Sawyer, sions, and bills reported from the Judiciary Committee to remove political~ abilities only, be considered. NOT VOTING-11)3. Mr. MATSON. I move that the House resolve itself into Commit· Adams,J.J. Davis, Johnston, T. D. Rice, Aiken, Dawson, Jones,J. T. Robertson, tee of the Whole House for the transaction of business under the ape. .Allen, C. H. Dibble, Kelley, Rockwell, cial order. Anderson, C. M. Dockery, . Ketcham, Rusk, The motion was agreed to. Bacon, Dougherty, King, Ryan, Baker, Dunham, Laffoon, Sadler, The Honse accordingly resolved iU!elf into Committee of the Whole, Barbour, Eldredge, Laird, Sayers, Mr. HATCH in the chair. Barksdale, Ellsberry, Landes, Scott, The CHAIRMAN. The House is in Committeeofthe Whole for the Barry, Ermentrout, Lawler, Scranton, Bayne, Farquhar, LeFevre, Sessions, consideration of bills on the Private Calendar, under the special order Belmont, Felton, Lehlba.ch, Seymour, of the House. · Bennett, Findlay, Libbey, Shaw, Mr. MATSON. I ask unanimous consent that the members present Bingham, Fisher, Lindsley, Singlet-ont Blanchard, Foran, Little, Skinner, may be recognized for the purpose of calling up bills. It occurs to me Bliss, Forney, Long, Snyder, that less time is likely to be consumed in discussion when a member is Bound, Funston, Lore, Spriggs, willing to be responsible for the bill he calls up. For that reason I Boutelle, G·allinger, J...overing, Stahlnecker, Breckinridge, 0. R. Gay, Lowry, Stephenson, make the request. Browne, T. M. Geddes, Lyman, Stewart, J. W. Mr. WALLACE. I have no objection -to that order being made on Brumm, Gibson, C. H. :Mahoney, st. . Martin. con~ition that the report in each case shall be read without its being Buck, Gibson, Eustace Markham, Stone, E. F. Burleigh, Gilfillan, 1\Iatson, Symes, necessary to ask the Clerk to read the report. Burnes, Glover, Maybury, Tarsney, Mr. MATSON. I have no objection to that suggestion, and I incor· Burrows, Goff', McComas, Taylor, E. B. porate it as part of my request. Campbell, Felix: Green, R. S. McKinley, Taylor, I. H. Campbell, J.l\-f. Green, W. J. 1\Jerriman, Thomas, J.R. Mr. RYAN. !would ask thegentlemanfromLouisianawhatneces. Campbell,J.E. Grosvenor, - Millard, Thompson, sity there is ofreading a report unless some member calls for it? Campbell, T. J. Grout, Mitchell, Throckmorton, Mr. WALLACE. I ask this as a matter of convenience, so that we Candler, Hale, Moffatt, Tillman, Cannon, Hanback, Morgan, Tucker, may know what we are voting on. Carleton, Harmer, Muller, Van Schaick, The CHAIRMAN. The gentleman from Indiana [Mr. MATSON] Caswell, Harris, Murphy, Viele, asks unanimous consent that members present may call up for consid· Catchings, Hatch, Negley, Wade, Clardy, Hayden, Nelson, \Vait, eration bills on the Calendar coming within the special order of the Cobb, Heard, Norwood, 'Vakefield, House, and the gentleman from Louisiana [Mr. W ALLAOE] asks unan• Collins, Hemphill, Oates, Wallace, imons consent that the reports accompanying the bills be read without Compton, Henderson, D. B. O'Donnell, Ward,J.H. Comstock, Henderson, J. S. O'Ferrall, Warner, William any member making a special request for the reading of the report. Is Conger, Henderson, T. J. Payn~, Weaver, A.J. there objection to those two requests? Cooper, Henley, Payson, West, There was no objection, and it was so ordered. Cowles, Hepburn, Perkins, 'Vhite, A. 0 . . Cox, S. S. Herbert, Perry, 'Vhiting, GRANT E. Q. LATHERMON. Cox, W. R. IDestand, Phelps, Wilson, Crain, Hiscock, Pidl'ock, Wise, Mr. MATSON. I · call up for consideration the bill (H. R. 9167) Crisp, Holman, Pirce, Woodburn, Curtln, Honk, Randall, 'Vorthington. granting a pension to Grant E. Q. Lathermon. Daniel, Budd, Ranney, The bill was read, as follows: Dargan, Jackson, Reagan, Be it enaclPAl, tEe., That the Secretary of the Interior be, and he is hereby, au Davidson,•A.C. Johnson,F.A. Reese, thorized and directed to place on the pension-roll the name of Grant E. Q. Lathermon, dependent son of George Lathermon, late a private in Company I, Mr. EDEN. I ask unanimous consent to dispense with the reading Fifty-second Regiment of Indiana Volunteers, and pay him a pension of- per of the names. month from and after the passage of this act, Mr. DUNHAM. I object. The Committee on Invalid Pensions recommended the following The names of members voting were read. amendment: The SPEAKER pro tempore [.Mr. HAl'tfMOND]. On this question the In line 7 fill the blank with the word 11 twelve," so that it will read 11 pay him yeas are 91, the nays 35. a. pension of twelve dollars per month trom and after the passage of this act." 1\Ir. SOWDEN. No quorum. The report (by Mr. MATSON) was read, as follows: The SPEAKER p~·o tempore. The Chair takes notice of the fact that Claimant's father, George Lathermon. enlisted as a. private in Company I, a quorum bas not voted. Fifty-second Indiana Volunteers, December, 1863, and d1ed of typhoid fever on Mr. STEELE. I move that the Honse take a recsss until half past board the United States steamer Charles McDougal April 30, 1864. 7 o'clock. Soldier's widow applied for and was granted a widow's pension, and drew the same until her remarriage, :M:arch 12, 1867. The SPEAKER pro tempore. That motion is not in order. In the Claimant's guardian, Francis Little, filed an ap:plication for a. dependent son's absence of a quorum only two motions are in order-a motion to ad pension August, 1867, which was granted and pa1d to claimant until be became journ or a motion for a call of the House. sixteen years of age, 1880. This beneficiary became blind when five days old, and has been and will so continue, as the result of an attack of erysipelas. He 1\Ir. MORRILL. I move that there be a call of the Honse. is now as much dependent as when a child, and we cheerfully recommend the The question being taken, there were-ayes 20, noes 25. passalte of the accompanying bill, with the following amendment : Insert the Mr. CUTCHEON. I call for tellers. word 'twelve" in line 2, between the words "of" and" dollars." Tellers we're ordered-39 members voting therefor. The amendment recommended by the Committee on Invalid Pen• The SPEAKER pro tempore. The Chair appoints as tellers the gen sions was adopted: and the bill as amended was laid aside to be re tleman from Tennessee, 1\Ir. PETTIBOXE, and the gentleman from Penn ported to the House with the recommendation that it do pass. sylvania, Mr. BROWX. Mr. STEELE. I make the point that both the gentlemen whom the JOHN WINES. Chair has named as tellers Yoted the same way. Mr. CO~GER. I call up for consideration the bill (S. 2478) grant The SPEAKER pro tempore. The Chair does not know how either ing a pension to J ohli Wines. gentleman voted. The bill was read, as follows: Before the count by tellers was reported, Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au The SPEAKER pro tempore said: The hour of 5 o'clock having ar thorized and directed to place on the pension-roll, subject to the provisions and I · limitations of the pension laws, the name of John Wines, father of Rufus H. rived, the House, under its order, takes a recess until7.30 p. m. The Wines, late a private in Company E, Twenty-sixth Regiment Mic}l.igan Volun evening session is for the conside.ration of pension bills. teers. 1887. CONGRESSIONAL RECORD-HOUSE. 683 The report (by Mr. WINANS) was read, as follows: T~e bill was read, as follows: The CommUtee on Invalid Pensions, to whom was referred Senate bill 2478, Be.it enaeted,_&c., That the Secretary of ~be Interior.be, and he is hereby, au· report that they have examined the same and adopt the Senate report, which is thorized and directed to place on the pensiOn-roll, subject to the provisions and a.s follows~ limitations of the pension laws, the name of Elizabeth S. de Krafft, widow of John Charles Philip de Krafft, late a. commodore a-ndrecr-admiral in the United [Senate report No.l221, Forty-ninth Congress. first session.] States Navy, and pay her a pension of S50 per month, in lieu of that which she The complainant was the father of Rufus H. Wines, late a private in Company is now receiving. E, Twenty-sixth Regiment 1\Iichigan Volunteers. The son was .killed in battle, and the Pension Office refuses a pension on the ground that the father was not The report (by Mr. STRUBLE) is as follows: depe?dent at the time the son was killed; that he was able to suppor~ himself The Committee on Pensions, to whom was referred the bill (S. 2730) granting by h1s labor, and that he did so, and accumulated property. an i!lcrease _of pension to Elizabeth S. de K..ra.ffl, have examined the same, and In 1864, the year the son was killed, the claimant earned~ at his trade of shoe havmg conSldered the report made to the Senate on the bill, J u1y 20, 1886 adopt maker. Taking nineteen consecutive years, he earned one year $315, and as low it as the report of this committee. ' as $4.4.16. The average earnings of these years would, not support a family or furnish a decent supply of comforts. A surgical examination finds him at the A bill for the relief of this applicant was reported from your committee dur-· ing the present session, but by a clerical ~rror the final clause, "and pay her a age of sixty-nine totally incapacitated by physical unsoundness to labor. It also appears that he had disabilities at the time of his son's death. The committee pe~sion of $50 per_ month in lieu of tha.t which she is now receiving," was o~mtted,_althougb It was clearly. set forth m the report which accompanied the are of the opinion that he was compelled, at the time his son was killed, to work bill. W1thout that clause the bill only placed her on the pension-roll which beyond his strength; that this has been the case ever since, and that now be is had already been done by the Pension Office under the generallaw,and it was not able to work at all. By exchanging work with a carpenter, and after a bard _ on that ground vetoed by the President. The present bill is in proper form to struggle, he managed to get a cheap bouse to shelter him, and this is the accu correct the evident mistake in the previous one, and to reach the object pro mulation of property that has stood in the way of his being allowed a pension. In the opinion of the committee be has been very poor every since 1864, when posed in the former report (Senate report No. 723), which we hereto annex, and we recommend the p~sage of the bill. his son was sacrificed; is poor now, and totally unable to earn a living. The petitioner, Elizabeth S. de Krafft, is the widow of John Charles Philip It is a case that calls for the relief provided in the bill, which is reported favor de Kraft\, late commodore United States Navy. She was pensioned uuder the ably, with a recommendation that it do pass. ~n:~J~~ ~; :::.~n~~ ~ ~:~ :fn~~b~f:t~.mencing November 25, IS&'>, with The bill was laid aside to be reported to the Honse with the recom By her petition, which is hereto appended, she asks that her pension be in· mendation that it do pa.'IS. creased to $50 a month. It appears from the record of services of her husband ELIZA WILKINS. that he was promoted to the rank of rear-admiral October 23, 1885, and that he died on the 29th of the same month. Mr. DOCKERY. I call up for consideration the bill (S. 2459) grant It is believed that your commit-tee have uniformly reported in favor of grant ing a pension to Eliza Wilkins. ing this increase to the widows of officers of this rank, and they therefore report The bill was read, follows: a bill to increase her pension to S50 per month, with the recommendation that aa it do pass. Be it enacted &c., That the Secretary of the Interior be, and be is hereby, au thorized and directed to place on the pension-roll, subject to the provisions and [Petition of :Mrs. Elizabeth S. de Kraft\ for increase of pension.] limitations of the pension laws, the name of Eliza \Vilkins, widow of Orrin To the honorable Senate and HO'USe of .Representatives of the United States: Wilkins, late a private in Company A., First Regiment of Iowa Cavalry. The prayer of your petitioner sboweth that she is the widow oi Rear-Admiral The report (by Mr. WINANS) was read, as follows: J. C. P. de Krafft, United States Navy, who died October 29,1885, after forty-five The Committee on Invalid Pensions, to whom was referred Senate bill2459, years' service in the Navy; that she is left with two children dependent upon her; that the small pension ($30 per month) she now receives is insufficient for ~~~t that they have examined the same, and adopt the Senate report, as fol- her support; that she is not able to provide a living by her own exertions for [Senate Report No. 12M, Forty-ninth Congress, first session.] herself and children; and she prays that Congress will grant her an increase of pension to the sum of $50 per month, as bas been done in recent years in the The claimant was pensioned as the widow of Orrin Wilkins, late a private in case of widows and dependent families of senior officers of the Navy. · First Regiment of Iowa Cavalry, who died of lung disease, contracted at Little ELIZABETH S. DE KRAFFT. Rock, Ark., in March, 1864, when the soldier took a violent cold, being compelled to lie on the wet ground, in wet blankets, during a storm. The widow was The tmdersigned concur in this request of Mrs. de Krafft, and desire that it be allowed a pensiou of $8 a month, commencing April 27,1870; certificate dated granted by Congress. - February 19, 1880. David D. Porter, Admiral; S. C. Rowan, Vice-Admiral: John L. Worden, Su.bsequently the widow's name was dropped from the rolls, on the ground Rear-Admiral; Wm. Rogers Taylor, Rear-Admiral, U. S. N.; Wm. that her husband was not sound when he enlisted. There have been a number Radford, U. S. N.; T. H. Stevens, Rear-Admiral, U. S. N.; Tbos. 0. Self of special examinations held, respectively, in Iowa, New York State,Wisconsin, ridgt'!, Rear-Admiral, U. S. N.; Thornton A. Jenkins, retired Rear-A.d· and Illinois, and it is evident that the Pension Office has committed an error miral, U. S. N.; Cbas. Steedman, retired Rear-Admiral, U. S. N.; E. nuder its pressure of work, in striking her name from the roll. The committe~ Simpson, Rear-Admiral, U. S. N. · D. B. Harmony, Commander, U. S. this case a very careful investigation, and submit the following as N.; J. E. Walker, Captain, U.S.N.; W. S. Schley, Chief of Bureau of li!':~~~~~ Equipment and Recruiting. They find that the pension was granted on the most positive proof that the Reeordoj service of John 0. P. de Krafft. soldier was sound prior to enlistment. As a sample of this evidence, reference is made to that of William Parker, who knew the soldier before be enlisted, lTrue C?PY from the recm-ds of the Navy Department, A.pril15, 1886.-Jno. ·w. work.ed with him on a farm in 1863, and swears that "be was undoubtedly a Hogg, chief clerk.] man m good sonnd health." James 1\'IcKay, another neighbor, gives similar John C. P. deKra1Rwas appointed a midshipman in the Navy October19, 1841. and unreserved testimony as to prior soundness. Cyrus Palmert-on knew sol December 4, 18ll, he was ordered to the Independence; June 13,1842, detached dier's father and family thirty-six years; father still living, aged seventy-five; and ordered to the Congress; September 5, 18i3, detached from the Preble an·d mother lived to be seventy-two; none of the fam.ily show any tendency to con granted leave. sumption; on the contrary, they are healthier than the average. The soldier October 18, 1843, ordered to the Rarit-an: war with Mexico, first attack on Al· was healthy and able to do a good day's work on a farm or at any job he nn· varado under Commodore Connor, 1846; January 2,1847, detached from the Cum dertook. Eleven other witnesses swear to thirty-fi~e years' knowledge of the berland and granted leave. family, to the entire absence of heretVtary consumption, to soldier's soundness February 23,1847, ordered to the Union; May 25,1847, detached and placed on at enlistment, and to his condition after discharge. Henry Hammer and -his waiting orders. . wife lived within half a mile of soldier ; never knew or beard of his being June 12,1847,ordered to the Ohio; January 15,1848,detached and ordered to sickly; always able and ready to work; no tendency to or appearanoe of con the Naval School; July 29, 1848, detached and granted leave. sumption. Other witnesses, who saw and talked with him every day, say be November 1,1848, ordered to the Vixen; November 24,1848, transferred to the was able-bodied. The father says be was the toughest of all his boys. Dr. J. R-aritan; September 29,1849, warranted as passed midshipman, from A.ugust 10, H. Campbell says be is acquainted with the Wilkius family, and can safely say 1847; April27, 1850, detached from the Raritan and granted leave. consumption is not hereditary with them; has lived with the family during the July-, 1850, ordered to the Naval Observatory; February 24,1851, detached past four years; is now, January 19, 1886, boarding with the soldier's father. and granted leave. With such testimony, from such a crowd of accredited witnesses, the Pension 1\Ia y 10, 1851, ordered to the Plymouth; May 22, l 851, detached and ordered to Offioe could not do otherwise than allow the pension. It was withdrawn on the !~:n~~f!~:£~~ J~lt!'f •S\;\:~ed and granted six months' leave, with permis· supposed discovery of evidence showing prior unsoundness, and then there ensued a series of special examinations. One of the special examiners who was December 22,1S.52,ordered to duty on the Coast Survey; November 3 1853 de· sent to Illinois in search of a Dr. Goodhue, who it was supposed conld give the tached and placed on waiting orders. ' ' desired evidence, concludes, as a result of his investigatwn, "I am of opinion 1\Iay .1~, 1854, ordered to the Michigan; October 12, 1855, detached and placed that claimant should be returned to the rolls." This Dr. Goodhue is at last found on wattmg orders. in Iowa, and he says as to the soldier's prior condition, "He was not a robust October 23, 1855, warranted as master from September 14, 1855; October 25 1855 man, but was considered a healthy man." . He gives no testimony showing t-en promoted to lieutenant from September 15,1855. ' ' dency to lung disease before enlistment. A special agent was sent to Chatham March 17, 1856, ordered to the John A.dams; April 26, 1858, detached and N. Y., and all the proof was favorable to restoration. The special examine; gra nted three months' leave: who was sent to Iowa. says, "It seemed to be a case of Wells vs. W ilkins " and . July 29, 1858, to the Michigan; September 20, 1859, detached and placed on wait,. his conclusion was that there was nothing on which to ba"'" a. belief that' Orrin mg orders. Wilkins was in the least affected by lung difficulty, but, l-..J. the contrary was May 10,1860, to the Niagara.; war of 1861-'65, combined attack on Fort Mc sound and free from disease of every kind. ' Crea, and defenses of Pensacola, frigate Niagara, November, 1861; June H, The committee ~re of the opinio,n that the effort to h_ave the widow dropped 1862, det-ached and granted leave. !rom the roll, and 1ts final success, IS the result of a family feud; that the action June 19,1862, to the navy-yard., Washington; August 5.1862,promoted to lieu of the Pension Office in stopping the pension can not be approved in view tena nt-commander from Ju1y 16, 1862; September 15,1863, detached and placed of the mass ~f testimony in favor of and justifying its allowance. The sole on w aiting orders. ~ound of this ac~ion is the po~si~le existence .of prior disabiHty. In the opin October 20, 1863, to command the Conemaugh ; attack on Fort Powell, de· lon of the comm1ttee the adm1ss1on of a. soldier's Roundness by the recruitin"' fenses of Mobile Bay, August 5,1864; February 10, 1866, detached and placed on clepart~ent shonld b~ .conclusive on _this poin~. In this case the testimony i'S w a iting orders. vol'!~mous and po ~ 1t1ve, but were 1t otherwise, a. concl usion supporting the Ma rch 29, 1866, to the navy-yard, Philadelphia; July 25, 1866, promoted to deciSion of the Penswn Office would be to convict the l"ecruiting service of hav commander; December 19, 1866, d etached and placed on waiting orders; March ing enlisted a man far gone in consumption. 9,1867, ordered to special duty at Philadelphia; February 18,1868,detached and Your committee are of the opinion that the claimant should be restored at the ordered as fleet captain of the N ortb Atlantic station; August 28, 1869, detached full rate of a. widow's pension, and the bill is reported favorably w ith a recom an d placed on waiting orders. mendation that it do pass. October 12,1869, to special duty at Philadelphia; October l, 1870, detached and placed on waiting orders; October5, 1870, to navy-yard, Portsmouth, N.H.; Sep The bill was laid aside to be reported to the House with the recom tember 15,1872, detached and ordered as chief of st-aff of the North Pacific Sta mendation that it do pass. tion; November 20, 1872, promoted to the grade of captain ; September 20, 1873, to command the Saranac; March l, 1875, detached from command of the Hart· ELIZABETH S. DE KRAFFT. ford (sick) and granted leave. October 9, 1875, to the navy-yard, Lea., to the 13ureau of Navigation; October 1,1881, promoted to commodore; June 30, him entirely free from d.isca.se. An examination by this board in 1885rateshim 1883, detached and placed on waiting orders. one-half disabled • ..August 22,1883, ordered as president of the board of in!!pection and survey ; The doctors who have attended him and the medical board of examiners dis .June 12, 1885, promoted to rear-admiral; October 23, 1885, detached and placed on agree to some extent, which is not an uncommon occurrence, but the aggregate waiting orders. · of testimony shows that for a long time heretofore he has been badly broken He died at Washington, D. C. , on the 29th of October ,1886 down, and that he is still to a pensionable extent disabled. ' The bill is reported favorably, with a recommendation that it do pass. Mr. WALLACE. Will the gentleman from Temiessee [Mr. ZAcrr. TAYLOR] tell us in what way this bill is changed so as to meet the Mr. STONE, of Missouri. I . move that the bill be laid aside robe objections made by the President? reported to the House with the recommendation that it do pass. Mr. ZACH. TAYLOR. There was simply a clerical correction to be Mr. WALLACE. Can the gentleman tell us how it happened that made. The bill as passed by the House at the last session did not do the medical board passed this applicant as free from disease so late as • wh~t it proposed to do. It put this lady in no better position than she 1883? It seems to me that no medical board could, at so late a period, was in before, and the President vetoed it on that account, and so stated, pass a man who now has the number of diseases set forth in that re• I think, in his veto. port. Can the gentleman explain that? · - Mr. WALLACE. lias the gentleman n. copy of the veto message? Mr. STONE, of Missouri. I do not know, sir, how the medical Mr. ZACH. TAYLOR. I can get it by sending for the RECORD; but board happened to do that. I observe from the report :filed by the Sen it is as I have stated. ate committee that the medical board did, in 1883, pronounce this man Mr. WALLACE. If the gentleman will assert of his own knowl free from disease; but the medical board subsequently, in 1885, held edge that that is the reason which the President gives for vetoing the that he was pensionable one-half. It is a fact well known to those bill I am satisfied. who have had occasion to examine many pension cases that these med :h1r. ZACH. TAYLOR. That is the reason. The omission was made, ical boards often differ, not only as to the character of diseases but as I suppose, by the draughtsman of the bill. It was clearly a mistake, to the general effect of them. I do not know on what ground the and the bill was vetoed by the President on that ~count. medj.cal board made tJ1eir report in 1883, but they did make it, and Mr. WALLACE. What was the mistake? • both the Senate and the House Pension Committees, after having in Mr. ZACH. TAYLOR. The mistake consisted simply in this, that vestigated the case, have adopted the report which has just been read the bill did not do what it purport-ed to do. It did not :fix the mte of in the presence of the gentleman from Louisiana. pension. She was already on the pension-roll, and the bill was intro Mr. WALLACE. I think if this applicant was so seriously diSabled duced and passed by the Honse for the purpose of increasing her pen- as the report would indicate he would be ·entitled to receive a pension ' sion, bnt it did not do that. Therefore it left her just where she was under the existing law at the Pension Office. In view of the fact that before. so late as 1883 a medical board made a report of the character described, Mr. ROWELL. The President sk.ted in h:S veto that the bill as I move that the bill be reported to the House with a recommendation passed by the House did only what wru. already done. That is, it put that it lie ou the table. her on the pension-roll, but she was already on the pension-roll, and Mr. BUCHAN Al.""'f. I hope that will not be done on the report of the therefore the bill was of no account. medical board. I know an instance in which a pensioner who came to Mr. WALLACE. The object of the bill is to increase the pension my house to see me was complaining of varicose veins, which stood out from $30 to $50 a month, is it not? thicker tha.n my thumb; but when be went before the medical board . Mr. ZA.CH. TAYLOR. Yes, sir. they reported that nothing was the matter with him. These medical Mr. WALLACE. And was not that why the President vetoed it? boards are fallible, as well as the rest of us. Mr. ZACH. TAYLOR. He did not so state. There was no such 1\Ir. STONE, of Missouri. Yes, they are very unreliable. provision"in the original bill; it was omitted. The question being taken on the motion of Mr. WALLACE that the Mr. PETTIBONE. As I understand it, this lady was on the pen bill be reported to the House with a recommendation that it lie on the sion-roll for $30 a month, the amount to which she wa.~ entitled under table, there were-ayes 1; noes 33. the law. Mr. WALLACE. No quorum, I believe, has voted. Mr. ZACH. TAYLOR. Yes. Mr. BROWN, of Pennsylvania. I think the Chair made a mistake Mr. PETTIBONE. And the bill 3.S passed did not in·crease that in announcing the affirmative vote. No one rose to vote in the affirm nmount? ative. Mr. ZACH. TAYLOR. No, sir. The CHAIR!! AN. The gentleman from Louisiana [Mr. WALLACE] Mr. PETTIBONE. :And therefore the President vetoed it? voted in the affirmative. Mr. ZACH. TAYLOR. ·· Yes, and he so stated in his veto message Mr. BROWN, of Pennsylvania." He only raised his hand. The di that the bill did not do what it purported to do, and was therefore of rection of the Chair was that those in favor of the motion should rise, no benefit to the pensioner. and remain standing until counted. Mr. WALLACE. If that was the substance of the veto I will not The CHAIRMAN. The gentleman from Louisiana makes the point object. I will ask the gentleman, however, toinform the House whether that no quorum has voted. this increase is made under any law, or whether it is .a mere gratuity. Mr. STONE, of Missouri. I would like to inquire of the gentleman .Mr. ZACH. TAYLOR. . This is like a great number of other cases from Louisiana whe~her it is his pu.ftlose to defeat the passage of this of the -same kind where pensions have been increased by the House, bill by insisting upon the point that there is no quorum? and, as I stated when the bill was up before, this pension comes out of lli. WALLACE. I will answer the gentleman in very few words. the naval pension fund. In my opinion, at these sparsely-attended meetings of the Ho·nse .there There being no objection, the bill was laid aside to be reported to the is no possibility of these bills receiving fair consideration. No matter House with the recommendation that it do pass. how strangely weak a bill which is reported here may be, it is very .JAMES G. MATH~. rarely that you see more than one or two members vote against it; and the only method I can :find of securing a fair consideration'for the in Mr. STONE, of:hlissouri. I call up the bill (S. 2220) granting a pen terests of the Government in these matters is to resort to this method. sion to James G. Mathes. It is very disagreeable to me. I invariably let every bill go through The bill was read, as follows· that seems to me fair, and right, and just; but when a bill of this Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, au kind comes up, presenting a case in which it is entirely within the thorized and directed to place on the pension-roll, subject to the provisions and ]imitations of the pension laws, the name of James G. Mathes, late a. corporal of power of the Pension Office to grant the pension if the party is entitled Company L, Eighth Regiment Missouri Vol_unteer Cavalry. to it, and when even the report of the medical board, as embodied in The report (by Mr. MoRRILL) was read, as follows: the papers, is strangely at variance with the statements of the report of the committee, I see no recourse for me except to adopt some meas · The report of the Senate Committee on Pensions, which gives a clear state ment of this case, is herewith adopted: ure of this kind. The claimant was a. private in Company L, Eighth Missouri Cavalry. He -en I claim that these bills are an outrage upon legislation. They are listed August 16, 1862, and was discharg ed June 14, 1855. The military record gotten up in the most reckless manner; and, as I have said, the only shows that he was treated in hospital for chronic diarrhea and debility, and that he was sick at the t-ime of his discharge. recourse I can see is to adopt such a measure as this, because it seems The testimony furnished by physicians who have attended him shows that h e impracticable to get the House, in these cases to consider the question ba.'l chronic diarrhea and that be has rheumatism of the spinal muscles a n d as I do, from the standpoint of fairness, and justice, and proper care ' limbs; tha t he is generally broken down. , Dr. Berry, of Ca rthage, Mo., says his health is bad; thathehasmuscularrheu for the interests of the Government. m atism; that he is generally broken down, and never will be able to perform Mr. STONE, of Missouri. Will the gentleman from Louisia.ua con- full manual labor; t.bat be is temperate and honorable in every respect. sent that this bill go into the House-- ....> • Dr. Dalton, of Neosho, 1\Io., says: '' When I last saw him he~eemed to be suffering from kidneydisea.seandfrom Mr. WALLACE. I will not. I consider that the House has all the abdominal pains. He has always appeared to me to be a run-down man-phys business it can attend to. These night sessions are especially set apart ically disabled." for the purpose of considering these pension bills; and no matter how Dr. Wills, of Neosho, Mo., says he has not been very stout and healthy since the war, and that he supposes his disability is at least one-fourth below that of friendly we may feel toward pensioners, I do not think we can ask a sound man. All the physicians speak positively as to his good habits and more than this. standing. Mr. STONE, of Missouri. Is the gentleman willing to trust the · The claimant asks for a pension for chronic diarrhea. and disease of kidneys. both of which. with rheumatism, are identified by the testimony of the doctors question to the vote of a full House? referred to above. An examination by the me~cal board in 1883 pronounces Mr. WALLACE. I will not consent to it in that way, because I do 1887. ·coNGRESSIONAL RECORD-HOUSE. 685 not consider it would be fair toward the Honse, or fair in reference to his attendant physician. The claimant's petition and affidavit of Dr. Gould are appended as a part of this report. other le¢slation. This committee report the accompanying bill and recommend its passage. Mr. ROWELL. I will ask the gentleman whether he ever knew a bill go over at one of these night sessions and be voted for in full House, To the honorable Members of the Un-ited States House of Representatives: GENTLEMEN: Mydeceased husband, Nathan Magoon,lateaprivate,Company that was not passed? H, Seventh New Hampshire Volunteers, was pensioned by a special act of Con• 1\lr. WALLACE. I notice that a great many of these bills go through gre s, passed during the past month. Since its passa~e, and before the act became without even the rep him to be at the date of his discharge suffering from a disease of the heart and tional syphilis, and it is most prob~ble that the disease of eyes is attributable to liver. that cause." G. H. Kerlland testific3 to the s.1.me as 1\rason. The case having been subsequently referred to said examiners for further ex B. C. Gillam, late captain of the said company of claimant, testifies that the amination, said board, under date of September 15, 1885, reported that they had claimant was a sound and healthy man at enlistment. Mr. Gillam resigned and again examined the claimant and fotmd enlargement of the bicipital gland, and was not with the company after November 21,1862. He visited the regiment in also of the inguinal glands of each side; also, that they found symmetrical cop .July, 1863, at Vicksburg; be saw·Vanorder; he was well and on duty; be saw per-colored blotches in the skin. They conclude this second report by saying no more of the claimant until after he returned home. On the 7th day of De "we are satisfied of the presence of constitution,al syphilis in this case." cember,1882, the same witness swore before the special examiner that the claim The report of the Surgeon-General of the Army, giving the record of the sol ant had been sick of late years;he has been sick a good deal, but whether it was dier's treatment, shows nothing of any venereal disease. He was examined on account of his service affiant could not say; thinks claimant was persuaded August 22,1883, by the Washington medical board, Drs. Stanton and Tyler pres to apply for a pension. sent, who said nothing about any such disease or of any indirotions thereof. He This same witness, B. C. Gillam, on September 10,1880, states, in a letter to the was again examined May 18,1885, by the Wa-Shington medical board, then com Pension Office, that claimant "is in as good health as any man, and I think there posed of Drs. Brackett, Tyler, and Walsh (all being present), who say nothing is some false swearing; tl.At claimant is a very lazy, shift.less creature, and not of any disease except that of the eyes. entitled to a pension," &c. On .July 5,1883, and again on April3, 1885, Dr. DeWitt, surgeon in the United The contents of this letter was not known to claimant in all probability, and States Army, and in attendance upon the Soldier's Home, examined the soldier seems to display malice toward the claimant, and no doubt largely influenced and reported his condition, but said nothing about syphilis or any other private the action of the Pension Office in rejecting his claim. The medical examiner disease. in the case has rated claimant at one-half disability. .Just how Mr. Gillam can Dr. Clifton Mayfield, in an affidavit made November 11, 1885, testifies as fol reconcile his swearing in December, 1882~ and his letter of September, 1880, is lows: bard to understand, and when contrastea with all the other evidence in the "That he had said Donnelly under treatment while he (the doctor) was resi case, the great number of doctors who have treated claimant since discharge, dent physician in Barnes Hospital, United States Soldiers' Home, District of and the four comrades and a large number of neighbors, who have testified to Columbia, Said Donnelly entered that hospital in June, 1883, and remained claimant's disability ~ince discharge, there can be but one conclusion, that the until .January, 1884. He frequently presented himself at sick-call for treatment. letter written by 1\Ir. Gillam was the result of malice. The great array of wit From March, 1884, to .June, 1884, he was again in hospital. The disability for nesses who have testified in claimant's favor are known to be reputable, and so which he entered the hospital was optic neuritis. His statement was, that some certified. The evidence seems to make out a strong case in claimant's favor. months previous, while yet in the United States Army, he had suffered injury Therefore your committee recommend that the bill.be amended by adding the to the eyes from gravel and cement falling into them while he was on duty letter "D" after the word "Company," in the fifth line, and that the bill do working in a well, and that he was discharged the service for the resulting dis pass. ability. ''At the time of entering the hospital be had lost the sight of the left eye and The amendment of the committee was agreed to; and the bill as partially lost the sight of the right eye. He was able with the right eye only to amended was laid aside to be reported to the Honse with the recom recognize persons or objects at close range; could not do any reading or tine work. Loss of sight of right eye became steadily more complete. At the pres mendation that it do pass. ent time (November 10,1885) when a hand is held close to his face, he recognizes ARCH13ELL DONNELLY. with the right eye some obstacle between himself and the light, but nothing more. During the whole course of his treatment he has sufl"ered with brain On motion of Mr. STRUBLE, the committee proceeded to the consid trouble, as evidenced by greatly impaired muscular power, unsteady gait, and epileptic form of convulsions. While under treatment at Soldiers' Home no erationofthebill (H. R. 9734) forthe reliefofArchbellDonnelly; which evidences of syphilis were found, though careful exnmination was made as to was read as follows: such cause. Treatment for syphilis as a test also failed to give any results. The loss of sight n~cessitates an attendant, and he is unable to perform any Be it enacted, &c., That the Secretary of the Interior be, and hereby is, di manual labor." rected to restore to the pension-roll the name of Arcbbell Donnelly, late a pri Dr. .John .J. Stafford, of Washington, nuder date of November 12,1885, testi vate in Company B, Fourth United States Artillery, subject to the provisions and fies to treating the soldier for six weeks for epilepsy; that he had made a thor limitations of the pension laws, and to pay him such rate of pension as under ough examination of Donnelly, and had come to the conclusion that his pres this act, and such other la. ws upon the subject of pensions not inconsistent _he.re ent condition, as far as his nervous disea.c;e was concerned, was due to an injury with, be maybe entitled to receive. of the head (scars of which injury are still plainly visible), said to have been received while in the United States service. The report (by 1\fr. STRUBLE) was read, as follows: Under date of .January 28, 1886, Dr. F. B. Loring, of 1407 New York avenue, this city_. an eminent specialist in eye and ear difficulties, as your committee are The soldier enlisted May1,1878, in Company B, Fourth United States Artillery, informed, certified as follows: • to serve for five years, and was dischargedApril3,1883, because of disease of the "I have examined Mr. A. Donnelly's eyes, and find that his blindness is there eyes contracted in the line of duty. sult of double optic neuritis, followed by atrophy of ball disks of long standing, On .June 29,1883, be filed his declaration for a pension, alleging that w bile a and incurable." member ot Company B, Fourth United States Artillery, in the service and in the Under same date Dr. Z. T. Sowers of this city, certified: line of his duty at Fort Adams, in the State of Rhode Island, on or about the lith "I have made a careful examination of Mr. Archbell Donnelly, and can find day ot December,1882, he was detailed in the Quartermaster's Department, at no evidence of his having had syphilis." mason work, he received injuries to the eyes, caused by cement and gravel fall Under date of January 29, 1886 Dr. D. W. Bliss, of this city, testified: ing into them, which by the evidence is shown to have occurred while he was "I have carefully examined .archbell1 Donnelly, and am unable to find any eng-aged at mason work in a cistern. He was granted a pension November 8, typical evidence of syphilis." 1883, at $24 per month, commencing June 29,1883. Donnelly under da.te of November 23, 1885, swears that he has never, at any On April 9, 1885, he filed an application for increase., alleging total disability time, had venereal disease in any form, nor any disease of the eyes prior to re· on account of disease of the eyes. This application was rejected .July 7,1885, ceiving injuries while in the United States service and on duty at Fort Adams, after medical examination, on the ground that" disease of eyes was the result Newport, R. L of syphilis," and on December 8, 1885, the pensioner's name was uropped from '!'he report of the Assistant Adjutant-General shows that Donnelly was pres the rolls upon the opinionofthemedicalexaminingboardofWashington "that ent for duty on all rolls up to the time of the incurrence of the disease of the his present disability was not incident to the service and line of duty." eyes. By the report of the assistant surgeon, United States Army, it appears In order to justify the conclusions to which your committee have arrived, it that on .June 13, 1882, he entered the post hospital with sprained left ankle, but is necessary to present with some measure of fullness the facts in the case. 'rhe was returned for duty the third day thereafter, and by the same report, that on certificate of discharge, signed by C. B. Throckmorton, captain Fourth United August 1,1882, he entered same hospital with contusion of right ankle, and re~ States Artillery, contains the following statements: turned to duty the second day thereafter, making in all five days in hospital "·This man Donnelly was injured on the 16th of .June,1882, and returned to prior to the injury to his eyes. This is a good record, and from a careful con duty on the 12th of .January, 1883. I was informed by Dr. Hammond, post sur sideration of all the evidence in the case your committee are satisfied that this geon, on .January 31 and February 28, 1883, there was nothing the matter with man was a good, faithful soldier, and that he is worthy of the most charitable h.ixn, and he should be made to take off his goggles; but when Dr. Hammond and liberal treatment at the hands of the law-making power of the Govern went on the sick report, I sent the man to the hospital to Dr. Loring, who direc ment. ted this certificate to be made out. This man's eyes were so much injured that It seems to have been the theory of the Pension Dep!ntment that if, prior to he was obliged to wear goggles. This man was injared in repairing a * * * or at the t.ime the soldier was worki~ in the cistern, he had syphilis then no cistern whi " employed in the Quartermaster's Department, and the injury was matter, though there might have fallen into his eyes cement and sand, and by contracted lu line of duty." reason thereof irritation was caused, which, but for the physical condition of the The usual medical certificate of disability is attached to the discharge, although soldier occasioned by syphilis, would readily have yielded to treatment, but part of it has been torn off, and hence the full certificate of the surgeon cannot which in consequence of the syphilis, or the condition of the system occasioned be made out. thereby, did not and would not yield to treatment, but led to a permanent in Under date of October 14,1885, Captain T;hrockmorton forwarded to the hon orable Commissioner of Pensions, through the Adjutant-General of the Army, curable condition of the eyes, that then, and in that case, no pension could be from .Jackson Barracks, Louisiana, a communication, as follows: allowed the soldier. This position is, in the judgment of your committee, un I tenable. If the man had had., or ditl have, syphilis, which had not and might "Archbell Donnelly was a private in Light Battery B whilst ! .commanded it, not cause serious disease or any disease of the eyes had not the cement or sand and wa-s on extra. duty in the quartermaster's department at •Fort Adams, or some other irritating cause fallen into them, and while in the service and Rhode Island, as mason and plasterer. Whilst engaged in this duty his eyes the line of duty, as is clearly shown in this case, cement and sand fell into his were injured by cement or mortar falling in them. He was treated by Dr. Ham eyes and caused a. degree of irritation and disease which the syphilis would mond and returned to duty. I, as his commanding officer, was not satisfied not have caused, then, in the judgment of the committee, the Government with the result of the treatment, and therefore pla{led him on duty where, to should at least pension the man for the disability which it occasioned him, be some extent, be was enabled to keep his eyes shaded. As soon as the medical it much or little. officer was relieved I sent him before the new surgeon, Dr. Loring, for treat If the man had syphilis or had had it, that was bad enougb without the ment. Dr. Loring informed me officially that the eyesight of one eye was gone Government of the United States, when he was clearly in the line of his duty as and the other eye badly affected. I had him discharged on surgeon's certifi a soldier, adding to his affliction by causing a degree of disease which the sol cate of disability. The records of the Light Battery B, Fourth Artillery, and dier, but for the accident, might never have suffered. Your committee desire the post hospital at Fort Adams will show the facts. I know this man lost his not to be understood as in any manner holding that the evidence shows the sight whilst in the line of duty." soldier ever had syphilis; on the contrary, we hold that, by a clear preponder Under date of October 21, 1885, Augustus Strassmuster, hospital steward, ance of the evidence, it is shown he did not have such disease when the United States Army, te tified under oath, as follows: accident occurred, nor had he primarily suffered from such disease. There ''! hereby certify that ArchbellDonnelly,late private of the Fourth Artillery, fore the Committee on Pensions, without hesitation, recommend that the origi· while serving at Fort Adams, Rhode Island, was instructed to repair or work in nal bill (H. R. 6843) do lie on the table, and that the following substitute be a cistern, and that he reported to the post surgeon, ·complaining of a severe pain in his eye, and stated thatwhilein thecisterna.lotof cement or some other mat passed: ter had fallen into his eyes, and I know that they were highly inflamed, the in A bill for the relief of Archbell Donnelly. flammation being undoubtedly due to some intensely irritating substance hav Be it enacted by ths Senate and House of Representatives of the United States of ing recently come in contact with the eyes. He was treated with sulphate of America in Congress assembled, That the Secretary of the Interior be, and hereby zinc, morphine, atropia, shades, and rest; and was finally discharged on sur is, directed to restore to the pension-roll the na.me of Archbell Donnelly,late a geon's certificate for this contracted disorder. The soldier was dropped from private iu Company B, Fourth United StAtes Artillery, subject to the provisions tho pension-rolls because of a report of the Washington medical board of ex and limitations of the pension laws, and to pay him such rate of pension as amining surgeons, who under date of .June 12,1885, reported, after detailing the under thi.'! act, and such other laws upon the subject of pensions not inconsist condition of his eyes, that "He presents unmistakable evidence of constitu- ent herewith, he may be entitled to receive, 1887. CONGRESSIONAL RECORD-HOUSE. 687 The CHAIRMAN. The bill (H. R. 6843) for which the present bill 1\Ir. Chairman, I hope this bill will be passed without further delay has been substituted, has already been laid on the table. or discussion. Mr. STRUBLE. I move that the bill (H. R. 9734) bo laid aside to J\Ir. W ALL.ACE. ~· Chairman, I wish to recall most certainly any be reported to the House with the recommendation that it do pass. insinuation that may even ha,ve been implied in the remark I made as Mr. WALLACE. No one here can appJ:ove of a bill like this be- to the Committee on Pensions. I am sure that in making the report coming a b.w. The whole report is one which I think should not be Ithey were entirely sincere in doing it, but from my standpoint it does offered to any intelligent body. In the first place, it is an indorsement seem a most remarkable report to make upon a statement of fads such ofimmorality, not to speak of and irrespective of that it is an insult as is presented here. . to the medical board. If we have a medical board for this purpose, In the conclusion of the report, in speaking of this disease, the com surely the first requirement we can make of them is to diagnose a case mittee finds it wise and proper to consent to the assertion that if this referred to them; and this is so clear a diagnosis I do not see how the man had not been subjected to this injury by the fall of sand in his Committee on Pensions could come to the conclusion submitted in this eyes he would probably not have bad his eyesight affected. Although report. I do not claim to be much of a doctor, I know that the disease in this *' I dislike to take issue in this small House, but I shall be compelled case is more likely to develop itself as a result of apparently outsiC.e to do so on this bill. If my friends think proper to pass it, I give ca,uses, while the disease itself is the original cam'le, and will develop them notice they will have to do so with a quorum. ina man in whosesystemitlurksas an apparent result of out.~ide causes. 1\fr. STRUBLE. Mr. Chairman, I desire to be heard for a moment. But, I repeat, the disease itself is the original cause of the trouble. I do not know to what extent the gentleman from Louisiana may go in It is the disease inherent and dormant in the man, and therefore a opposition to this bill. He bas substantially remarked that, in his sHght injury, exposure to cold or dust fTo~ a railway train, may con opini(\n, the report in this case is an insult to the House of Representa- duce to develop the disease if the physical condition of the man is such tives, as well as to the medical board to which he alluded. I am here to as the condition of this man unquestionably was. say, Mr. Cha,irman, that~, in my opinion, no gentleman in this House Therefore I say that we are not here to reward by a pension cases possessing a fair mind would make any such assertion. Whatever is which ha,ve proceeded from constitutional diseases acquired by immoral true in connection with the right of a soldier to pension ought to be habits of life; and the mere circumstances of this case indicate that stated in the presence of this House, although it may be a matter of the gravel or sand was simply an exciting cause, but that the original delicacy. I take no pleasure in investigating cases which may involve trouble lay in the disease itself. So that in pensioning this man after questions of delicacy, but it became my duty, as a member of the Com- the statement of the medical board whose duty it is to investigate these mHtee on Pensions, to examine into this case, to examine the papers, cases, we would simply be putting ourselves in the position of pension which I did carefully, because I concede when I commenced the ex- ing a soldier in the army because he had contracted a disease of that amination it was with prejudice against the case, occasioned by the kind, which certainly is not a position in which I wish to find myself, ground upon which the Commissioner of Pensions ordered his name and I do not think any other member of the House wishes to find him dropped from the rolls. self. The stimulating influence has nothing whatever to do with the But, sir, when I came to examine it carefully, and re-examine it, trouble, for the inherent dL"ease is that from which the trouble comes. against my pr~judices, there came to my mind the irresistible con- I do not think, out of respect to the medical board, placed in that posi viction that this man had been done a grave wrong by the Pension tion and for that particular business, that we have any right to go be Department. Sir, it is uncontradicted that this man was as good a hind· their testimony, and I shall not be a party to do it. soldier, and I doubt not frbm the record, as any we have in the regular JHr. ROWELL. As I read this report, this man was for some four service. It is uncontradicted that he was a mason, -and was detailed for years in the active service. service in the place named in the report; and that while he was en- Mr. MORRILL. Five years. gaged at work in a cistern there fell int-o his eyes cement and gravel, Mr. ROWELL. Nearly five years; and during that time he was and from that moment his eyes, according to the undisputed testimony ready for duty with the exception of five days up to the time when he of his captain, became sore and troublesome, the condition growing in received this injury. During the time when he was fit for duty he per severity gradually until b-lindness was the result. He applied for a formed such service as soldiers of the regular Army are called on to per pension, and his application was granted. His pension rose until at a form~ The gentleman from Louisiana says that he does not think proof ldter period he applied for an increase because of increasing disability; should be taken~ or that we have a right to go behind the testimony of and then, upon the-report of the Washington city examining board, in the medical board. The medical board is composed of three doctors. 1885, the Commissioner of Pensions deemed it his duty not only to Under that theory, then, if fifty ofmost expert physicians should come deny the application for an increase, but ruso to drop him from the pen- here and testifY that the three doctors made a mistake, we are bound sion-rolls alt.ogether, because the board referred to had reported that, to take the report of the doctors based simply upon an opinion without in their opinion, the man bad had this unfortunate disease, and that any regard to other il!lportant testimony bearing upon the case, even if probably this disease was the cause of the soreness of the eyes. they have no knowledge of the facts. · Now, sir, it appears that are-reference of this case was made to the They have no knowledge of any fact. They set np a fact denied same board, and they examined the applicant again and made a similar under oath by the claimant himself. They give an opinion. That report; but as against this testimony! ask this committee and thegen- opinion is tested by medical treatment to see whether it is correct by tleman from Louisiana, to consider the fact that there is embodied in another surgeon of the Army in charge at the Soldiers' Home, and the report the testimony of the hospital steward, the testimony of Dr. when the test is put to their opinion, the test proves that their opinion Clifton Mayfield, the testimony of Dr. Stafford, the testit:D:ony of Dr. is incorrect. Loring, of Dr. Sowers, and finally the testimony of Dr. Bliss, all con- Now, I have a good deal of respect for these medical boards; but I tradicting the report of the Washington board. know they have a great many people to examine, and I know they 1\Ir. Chairman, I have not the least desire, and shall not make any make a great many mistakes. I have in my mind a medical board reflections whatever upon the competency and efficiency of the Wash- who reported that a soldier had no disease, who, since he came home ington board; but I submit as a fair question irl view of this prepon- from the army, had been in bed three months each year from chronic derance of testimony, what ought the committee to do? rheumatism, and within a week from the time that they reported he Mr. Chairman and gentlemen of this committee, where the case shows had no disability' he was down again in bed and remained in bed so plainly tha,t the Washington board must have made a mistake in almost six months, suffering from that disease, and they found out their judgment of the man's physical condition, and made, though un- they were mistaken. I knew another instance where a medical board intentionally, such a report as caused injustice to be done the pen- testified as to a. man who had his breast stove in by a horse in a charge, sioner, I maintain it to be our duty to undo the wrong in so far as we that he had no disability, yet it turned out that his lung was nearly may be able. destroyed by that injury. This only proves that these medical boards Sir, it appears that at the Soldiers' Home this man was treated in a are fallible men. Doctors sometimes are mistaken, and very frequently manner and with a. view to making certain whether or not he had such disagree. . a disease, but the clear testimony of the physician who so treated him It is a. question.here of preponderance of testimony. All of the tes~ ·was that there were no symptoms of the disease named. timony shows an original injury-an original injury sufficient to put This test was applied to the man, as shown in the report, and did the man's eyes out. All of the testimony, except that of the medical not develop the symptoms which, according to the report of the Wash- board, was to the effect that tlle medical examination failed on a test ington board, ought, I presume, to have been manifest, and it is the to discover any such disease as the medical board thought the man testimony of the several physicians that no such disease existed, which must have had. We have here an original exciting cause, an original testimony was subsequent to the examination by the board in this undisputed injury, sufficient to put the man's eyes out, and an over· case. whelming amount ()f medical testimony confirming that with addi· Now, Ur. Chairman, I submit to this House upon the facts in the tional proofs, and only the opinion of the medical board against it. case whether the gentleman from.Louisiana was justified in flinging We ought to act here like a jury. We ought to act like reasonable out her? before this com mit tee his insinuation that offense should be men. Will any onesaythatthis evidence submitted toa:ny jury would taken sunply because a plain statement of the case is made in there- not produce a verdict without the jury leaving the box, in favor of the port, and made from that sense of duty which I apprehend governs each theory that this disability was incurred in the service and was not the member of the comniittee and of the House in the discharge of his result of a disease, as intimated in the opinion of the medical board? duty in investigating such questions. I hope that this blind man, who lost his eyes while a soldier, and in '688 CONGRESSIONAL RECORD-HOUSE. J ANUAR"l. ·14, the service, shall not be permitted to be disgraced and to go down the I ask my friend from Louisiana to. come up as I would do under such balance of his life a blind man without Government aid. circumstances, and as I propose to do upon this occasion-to come up Mr. WALLACE. I askthegentleman from lllinois [Mr. ROWELL] and show his Democratic faith by voting in accordance with the Demo how he gets over such a statement as I find here in the report. I pass eratic platform and the Democratic doctrine, which is that we shall vote over several phrases that I suppose none ofus exactly understand. for all reasonable pensions. . This being, according to my judgment, a Mr. ROWELL. I suppose the gentleman has reference to·what are reasonable pension, I intend to vote for it. This is a case about which stated as the intiications of the disease. the doctors disagree. · Mr. WALLACE. Besides these other indications the examiners stated It is a case about whiCh the gentleman from Iowa [Mr. CoNGER] and that they found symmetrical.copperblotches in the skin, and these, as the gentleman from Louisiana [Mr. WALLACE] and the gentleman 1 understand, are the strongest testimonies that doctors find for that from Illinois [Mr. ROWELL] disagree, but let us all agree here that we disea.'le. will exercise our best judgment and, having exercised it, that we will Mr. ROWELL. I{ you examine a great many men yon will :find vote as we please, and not raise the point of" no quorum." ' copper-colored blotches that do not come from any such disease. Other The question was taken on laying the bill aside to be reyorted to the doctors who have examined this man do not attribute this to any such House with the recommendation that it do pass, and the Chairman de thing. And the giving of medicine for the purpose of developing clared that the ayes seeme.d w have it. whether those copper-colored blotches were due to 'the cause attributed Mr. WALLACE. I call for a division. proved that the examiners were mistaken in so attributing them. The-House divided; and there were-ayes 31, noes 4. Mr. WALLACE. That was several years afterwards. Mr. W ALL.A.CE. No quorum. Mr. ROWELL. No, sir.. It was in November, 18BS; and it was in Mr. DOCKERY. Mr. Chairman, I ask unanimous consent that this th~ summer of 1885 that this Washington board found their alleged bill be pnssed over, so that the bus.iness of this session may proceed. facts. _ Mr. STRUBLE. I make the same request, but I do not wish the Mr. WALLACE. But he· was granted a pension in 1883; so that bill to lose its place on the C'.alendar. . this must have been at least two or three year& afterwards. Mr. DOCKERY. Let it be pa.'5Sed over, retaining its place on the Mr. ROWELL. He was examined by the medical board here in Calendar. Washington in 1885. Mr. WALLACE. I shall have to object to that, Ur. Chairman. I Mr. WALLACE. · Bnt he got his pension in 1883, did he not? have no objection to the bill being pa.~ed over, but if it is to retain its Mr. ROWELL. Yes, sir. . place and come up here evening after evening, and we are to have Mr. WALLACE. And he was examined under this medical test- this whole discussion over again, I mu t ohject. Mr. ROWELL. In 1885. The CHAIHMAN. The Chair will state to the gentleman from Mr. WALLACE. In Sept-ember, 1885. LonisiaPa [Mr. WALLACE] that there is no way to take the bill out of Mr. ROWELL. And in November, 1885, the doctors at the Sol its place on the Calendar. diers' Home made the medical test by giving him medicine. Mr. DOCKERY. I withdraw the reqnP.st that the bill retain its Mr. -WALLACE. Three years afterwards. place on the Calendar, and merely risk unanimous consent that it be Mr. ROWELL. Two months afterwards; and the doctor in Rhode passed over informally. · Island, the Army surgeon, did not discover anything: and it was then There was no objection, and it was so ordered. the time when a discovery could be made if any such disease existed. Mr. WOLFORD. I want to say a word or two in relation to this JOSEPHINE DA COSTA THOl\IAS. case in order that we may all understand each other better. The Mr. WOLFORD. I call up the Honse bill (H. R. 4688) granting an Democratic party are all in favor of pensions, little a:, the gentlemen increase of pension to Josephine DaCosta Thomas, and I move that the over on that side may think so. Hut they may disagree as to the amendment of the Senate be concurred in. amount of testimony necessary in order to give a man a pension, and The amendment of the Senate was read, as follows: they may disagree as to who are entitled to pensions and the amount of IN THE SENATE OF THE UNITED STATE'3, May 26, 188G. pensions ·that may be given. For my part I think I am tolerably lib Re.~ol1 >ed, That this bill pass with an amendment: In line2, strike out the word eral, although I am opposed to large pensions. "t.hirty" and insert the word "forty." · But I want now to talk a little about this case that-we may under The CHAIRMAN. The question is on agreeing to the am~ndmen"t stand each other. There is no disposition on the part of Democrats of the Senate. ! may say there is no disposition on the part of a.ay Democrat here to Mr. WOLFORD. I want to make a brief statement before tl1e vote vote against a pension. There is no hatred in the heart of any Demo is taken. This hili was reported from the Committee on Pensions unani cmt. My brother from Louisiana has no objection to a pension where mously, fixing the pension at $4U. In the· House the amount was cut the injury for which it is claimed is fairly proved. But here the ques down to $30. The bill went to the Senate, and that body a)!:ain fixed tion is about the injury being fairly proved. The question in this case the pension at $40. Considering the great services of the man who e brings to my mind an old saying that I have heard ever since I was a widow is to receive this pension. we thought that $-10 was not too much, 1 boy, ' When doctors disagree what shall the sick do?'' and we reported in fuvor of concurring in the amendment of the Sen There is disagreement among the doctors about this man, but I be ate. There has been a report from the Senate Committee on Pensions lieve there is no disagreement as to certain importa.nt facts in the case. fixing this pension at $40, and two reports from the Honse committee, It is agreed that this man was a soldier, and it is soldiers that we desire hoth unanimous, to the same effect. I ask that the amendment of the to pension; it is soldiersthatmyfriend from Louisiana [Mr. WALLACE] Senate be agreed to. desires to pension. This man was a soldier for four years; that was The amendment of the Senate was concurred in. long enough to test him in that capacity. There is no disagreement as The bill as amended was laid as1de to be reported to the Honse with to the fact that he is now blind and poor. He has done the best he the recommendation that it do pass. could, he baa served his country, he is now blind and disabled; the doc tors disagree as to the cause of his disease, but the preponderance of SARAH E. NORTON. testimony is in his favor, and shall we not give him the benefit of the Mr. SAWYER. I call up the bill (S. 2699) granting a pension to doubt? · Sarah E. Norton. I will tell you what I would not do, and I do not believe that my The bill was read, as follows: distinguished friend from Louisiana [Mr. WALLACE] would do it Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au either in a case like this-the case of a man who has done his duty as a thorized and directed to place on the pension-roll, subiect to the provisions and limitations of the pension l~~ows, the name uf Sarah E. Norton, a. volunteer nur. in gathering hospital supplies for our soldiers. Then I decided, as for myself, I inshaw; Henry T. Cross; .John H. Yates; Thomas & Page; Peree & Buell; S. must take a more active part, and so tendered my services J:)y letter to Mrs. D. Bloomfield; .J. K. Giddings; McKenza, Rejou & Stoms; H.N.Kelsey; M.H. P. Livermore, of the Chicago Sanitary Commission; accepted by letter of April Bierce; .J. W.Holmes; M. B. Adams; C. H. Turner & Son; .JohnW.McDonnell; 29, 1863~ where I went in readiness for duty,and received my appointment May Safford E. North, district attorney; .Jerome L. Biglow, cashier of the Genesee N a 8, 1863Lsee appointment]. and was assigned to duty at Benton Barracks Hospi tiona} Bank; Harry Pardee, president First National Bank, Batavia.; George tal, Saint Louis, Mo., where I labored as faithfully as I knew how and as was Bowen, attorney; N. A.. Woodward, attorney; .J. H. Ward, cashier Farmers' the will and wish of all there, where, if at any hospital in the land, it could speak Bank, Batavia; FrankS. Wood; Myron H. Peck, jr.; E. G. Richmond; .J. S. for it ~ elr, to any one, it did, whether patient or visitor, and it was one of those Stuart; Arthur E. Clark; A.. D. Tryon; G. H. Holden; .Jones&House; Volz hospitals so well recognized in every way it needs no praise of mine, And as Brothers; W. L. Onderdonk; R. W.Onderdonk; E.L. & G.D. Kenyon; R.S. one of its corps of workers-and there were many-do I ask credit or conside Lewis, editor; Wilber Smith; D. Hooper; W . .J. Reedy; WE. Walkinshaw, edi~ ration. I was there six months, when I was taken violently ill, caused by my tor .Advocate; D. Lent; C. C. Baker, M.D.; A. G. Gage; Southworth & Simp arduous work and the malaria of the country, from which I have never fully son; .J. B. & H. Hewitt; H . .J. Morse, M. D.; .John P. Crosby, .J. P.; .J. C. Bamesi recovered. I am a frail woman, and in no condition of health to labor. J.F.Clark; G.B. Worthington&Son; Thos.Delbridge; S.A..Sherwine; .J.F. The physician who attended me in 1864, Dr. Clark, of Batavia, is dead. I in Baker, .M. D.; 0. R. Clark; E. N. Stone; E.l\I. McCormick; .James R. Mitchell; close an affidavit of Alonzo Henshaw, now assistant principal Omaha high Thomas Yates; H. F. Tarbox. school, at Omaha, Nebr., at whose father's house I was ill. [See affidavit.] I frequently received supplies from friends as adona.tion for my sick. My present physical condition is weak. I am lame from an accident, and (Office of the secretary of A.rmy Nurses' Association,534 Twentieth street NW.] obliged to wear a cork lift 3 inches. As to my present physical condition, I W ASHINGTOY, D. C., June 15,1886. submit a certificate from Dr, Thomas Hood. As to my need and worthiness as The honat•able Conuaittee of Pen8ions, United States Senate: a woman I submit a letter from William C. Watson, attorney and counselor-at law, of Batavia, N.Y., with an accompanying petition signed by about one GENTLEMEN: Miss Sarah E. Norton became a member of this association early hundred of the leading citizens of Genesee County, New York, who thus show in 1882, upon the most conclusive evidence of an honorable service as a nurse in their interest in my welfare, and have vainly tried to aid me to reach some the Western army, chiefly at Benton Barracks Hospital, Missouri, resigning her Government employ which would comfortably support me, but which I have work there in the fall of 1863 only because of a serious illness incurred by her never in all the years since the war been allowed, notwithstanding earnest ef arduous duties there and the care of those sick with mali~nant fevers, which ill forts on their part and my own. nes.~ became a very dangerous one for her, being afflicted with a terrible abscess I am a member of the A.rmy Nurses' Association, from which I submit a let in the stomach, from w bich she was very ill for many months, and from which, ter (Exhibit H), with an earnest hope my case may receive favorable consider as her every appearance proves, she has never recovered from the effects of, and ation. is a frail and suffering-woman. For this cause she became unable to resume I am, very respectfully, your obedient servant, hospital work after the fall of 1863, as the war closed before she recovered sn:ffi. SARAH E. NORTON. ciently to do so. WASHINGTON, D. C., June 12, 1886. This association most earnestly sympathizes with Miss Norton in this tardy Sworn to and subscribed before me this 14th day of .June, A.. D. 1886. effort to reach the much-needed relief a pension will be t-o her. Her present; [SEAL.) .JAMES H. SMITH, necessities :ua great, inasmuch as her health, as stated (and because of extreme lrol.ary -Public. lameness making the constant use of a cane in walking necessary), precludes her from fiJiing places she might otherwise to earn a living, as she is an intelli gent, practical woman, and one most worthy of the benefit she seeks, and we OFFICE OF CHICAGO SANITARY Co:MMI.S8ION, request a most favorable consideration of her case, feeling few have the same Chicago, May 8, 1863. claim by their unceasing suffering as this petitioner. Miss Sarah E. Norton has been this day appointed nurse in the military hos We have the honor to be, most respectfully, pitals of the Western department by authority delegated to Mrs. A.. H. Hoge HARRIET P. DAME, . and Mrs. D. P. Livermore by Miss D. L. D.ix, general superintendent of nurses Pre.siden.tA1-my Nurse.s' Assoc-iation. in military hospitals in the United States. B.A.. B.CORTS, Secrel.ar1J. For D. L. D.ix: The committee would recommend that; the bill be amended by striking ont Mrs. D.P. LIVERMORE, the word "twenty-five" in the seventh line, and inserting in lieu thereof the Chicago Sanitary Commis&ion. word "twelve," and that the bill as amended do pass. Miss Sarah E. Norton has been detailed to service in the Benton Barracks The amendment recommended by the Committee on Invalid Pen Hospital. N. B.-It the place of service is changed a new certificate will be issued. sions was agreed to. .JAMES E. YEATMAN, The bill as amended was laid aside to be reported to the House with Appointment Oflice. the recommendation that it do pass. OHAHA, NEBR., May 7, 1886. THOMAS G. POLLEY. To whom it m.ay concer-n: This is to certify that Miss Sarah Eunice Norton, after quitting service in Ben Mr. LAFFOON. I call up the bill (H. R. 5629) granting a pension to ton Barracks Hospital, Saint Louis, Mo., and coming to Batavia, N.Y., was ill for Thomas G. Polley. many months in my father's house,'where I was thenliving,and that her physi cian, Dr. Clark, who is now dead, attributed her illness to the overwork and ex The bill was read, as follows: posure she had undergone in the capacity of nurse in Benton Barracks Hospital. Be it enacted, ~c., That the Secretary of the Interior be, and he is hereby, au ALONZO NORTON HENSHA.W thorized and directed to place on the pension-roll, subject to the provisions and Assistant Principal Omaha High School. limitations of the pension laws, the name of Thomas G. Polley, late of Com Subscribed and sworn to before me this 7th day of May, A. D.1886. pany D, One hundred and tenth Illinois Volunteers. . [SEAL.] WM. L. McCAGUE, NotaJ The bill was read, as follows: conceive of any state of facta which would justify a measure of this Be it enacted &:c., That the Secretary of the Interior be, and he is hereby, au kind. thorized and ~cted to place on the pension-roll, subject to the prov"isions and Mr. PETTIBOME. I hope, then, that by common consent this bill limitations of the pension laws, the name of William F. Harmon, late of Com pany C, One hundred and forty-eighth Regiment of Ohio Volunteer Infantry. may be passed over, so as not to obstruct the passage of other measures to which there is no objection. The report (by :Mr. MoRRILL) was read, as follows: l\Ir. TAULBEE. I have no objection to the suggestion of the gen The report ofthe Committee on Pensions of the Senate sets forth the facts in tleman from Tennessee [Mr. PETTIBoNE]. this case, and your committee adopt the report and recommend the passage of the bill. The CH.AIIU1AN. If there be no objection, this bill will be passed [Senate report No. 772, Forty-ninth Congress, first session.] over informally. The claimant in this case was a private in Company C, One hundred and forty There being no objecti{)n, it was ordered accordingly. eighth Ohio National Guards, enlisted for one hundred days. He alleges that he had measles while in the service; that while sick he took cold, which re 1\IRS. 1\I.ARG.ARET DUNLAP. sulted in pains and weakness in the chest; that it became permanent, and dis abled him from performing manual labor. Mr. SOWDEN. I ask the consideration of the bill (S. 2167) grant His application for pension is reje ' 1887. CONGRESSIONAL RECORD-HOUSE. 691 Mr. BUCHANAN. I will ask the gentleman from Pennsylvania paigns of1861, 1862, and 1863. She was a heroic woman-combining pluck and tenderness in a. remarkable degree-devoted to the sick and wounded of her why this claim was rejected at the Pension Office. regiment, always marching with it, and serving the wounded under fire. :Mr. SOWDEN. I can not say. That is a matter, I suppose, for the !She should have a pension now in her old age, when she suffers from disabil Pension Office to determine. ities contracted by her exposure and hardships in service. Not a soldier in the Army better deserves a. pension than Mrs. Sergeant McCoy. God bless her. Mr. BUCHANAN. I would like to know why the claim was re 1\Irs. McCoy had three brothers in the same regiment aud her husband and jected, or whether it ever has been rejected, at the Pension Office. · her brother-in-law, and another brother on the U.S. S. Essex, who was wounded. :Mr. SOWDEN. I can not say whether the claim was ever pending D. E. SICKLES, there, and hence I do not know whether it was rejected or not. The Maj . 692 CONGRESSIONAL RECORD-HOUSE. JANUARY 14, us a home, and besides that he sent me money from time to time in amounts :ranging from $5 upwards, so as to relieve my father as much as possible from The report (by Mr. MORRILL) was read, as follows: the burden of my support (he, my fa ther, being hardly able to get along and The Committee on Invalid Pensions, to whom was referred the bill (S. 1654) take care of himself and mother). My said father and mother died about ten granting a pension to Joseph Mays, having examined the case, adopt the an years ago, and all the property i have in the world is one-fifth interest in the nexed Senate report, and recommend the passage of the bill. house aforesaid, with a right to one-half of the rent (which is in all S150) after Tha t the records in this case show that claima nt enlisted July!.. 1,1863, as a pri the taxes, water bills, &c., are paid. vate in Company l\1, Ninth K a nsas Cavalry, and was dischargea July 17,1865. My eaid brother was never married, and it was a reason for hls hesitating Declaration for pension filed June 22, 1880, alleging gunshot wound in loft arm, about enlisting, because he was afraid I could not get along without his being shattering both bones. home to help support me. Since the death of ruy brother I have bad to get Claim rejected April 23, 1885 on the ground that "records fail to show the along without many of the comforts of life and almost necessities of my condi circumstances under which alleged wound was received, and claimant has do tion, because I have had no means or resources to rely on. I have been at the claJ•ed his inability to furnish sa tisfactory evidence showing its receipt while in Invalids' Home at said Keane for about two years past. This institution gives line of duty." 'l'he committee is unable to determine why this pension wa.snot me one-bali of my board, and for the past year I have been unable to pa y my gNnted through the Pension Office, or what that office considers "satisfactory proportion of taxes uron the house before mentioned. I am able to wait upon evidence." • · myself only a pa1-t o the time, and when I am able to be around I can stand In this case there is, · up but little, and can walk but a short distance at a time. I am able to do ' (l) Claimant's statement, which is con·obora ted by the records sent to the I!Carcely any sewing. I was dependent upon my said brother for support at the Pension Office from the War Department, in which occurs this statement: time of his death, and have been dependent upon others ever since. "Regimental hospital register shows Joseph Mays admitted July 26,186J, with ELLEN M. STURTEV.ANT. gun-shot wound, forearm." (2) The affidavit of W. Wakefield, 1\I. D., the regimental surgeon who dressed I, George B. Twitchell, of Keene, county of Cheshire and State of New Hamp claimant's wound, and who describes minutely the circumstances attending it. shire, on oath depose and say in relation to the claim of Ellen M. Sturtevant, of (3) The a.ffidu.vit of Capt. John L. Price, Company M , Ninth Kansas Cll'Valry, said Keene, for a. pension, as follows: That I have been for the last forty-three that claimant was out on a foraging expedition, and was attacked by bush 'I\" hack years and am now a practicing physician in said Keene, and as such have pro ers and wounded. fessionally attended the said Ellen M: Sturtevant; that in the spring of the year (4) The letter of John L. Price, late captain Ninth Kansas Cavalry, corrobor 1864 I was consulted by her. Sbe was then suffei'ing from uterine displace ating claimant's statement, and tha t wound was received in the line of duty. ments and general ill-health, the result, as I understood, of a. fall three years (5) The affidavits of comrades James Lansing and George R. Bowsf'r who before, whlle I was in the Army. At that time she was much debilitated, and were with claimant and near him when he was shot in a skirmish wilh 1oush had severe pain in back whenever she attempted to labor; could only move wha{!kers. from bed or lounge to chair, and was entirely dependent upon others. I have (6) A letter written to :r ohn H. Osborn, and signed 0. P. G. Clarke, of the Pen prescribed for her from time to time to the present time, though she has to my sion Office, asking about the circumstances of the wounding, and on the back knowledge been at different times under the care of other physicians, and was of that letter Mr. J&hn H. Osborn states that he knew Joseph M t'l.ys, and knew at one time for many weeks at the .Adams' Marine .Asylum, in Jamaica Plain, he was wounded in the left arm, and thinks he was foraging at the time. Mass. During all of these years she has been an invalid and able to do but little (7) Testimony of John H. Oshorn, corroborating above. for he.r support, and when she has labored it has been with suffering, for she has In addition to the above there is the certificate of Examining Surgeon E. I. had much neuralgia. At the present time she is able to do but little, and is now Prothrow, as to the wounds and the effect. (May 15, 1886) an inmate of the Invalids' Home. It would appear that the evidence is abundant as to when, where, and how I have no interest in the above claim for invalid pension. the wound was received, and that its consequences still incapacitate the claim· GEO. B. TWITCHELL. ant from performing full manual labor. Taking into con~;\deration all the evi dence on· file in this case, the committee believe it to be their duty to report in The bill was laid aside to be reported to the House with a recommen favor of this bill, and recommend its passage. dation that it do pass. There was no objection; and the bill was laid aside to be reported tO LARKIN DELPH. the House with the recommendation that it do pass. Mr. TAULBEE. I call up the bill (H. R. 7504) granting a pension SIDNEY DENTON. 'to La.rkin Delph. On motion of Jrlr. GUENTHER, the bill (S. 2420) granti{lg a pension The bill was read, as follows: to Sidney Denton was taken up and read, as follows: . Be it enacted, ~e., That the Secretary of the Interior be, and he is hereby, Be it enaeudt ~e., That the Secretary of-the Interior be, and he' is hereby, authorized and directed to place on the pension-roll, subject to the provisions authorized and directed to place on the pension-roll. subject to the provisions and limitations of the pension laws, the name of Larkin Delph, late of Company and limitations· of the pension laws, the name of Sidney Denton, late a. private E, Sev~nth Kentuck.! Volunteers. in Company F, Thirteenth Regiment Wisconsin Volunteers. The report {by Mr. TAULBEE) was read, as follows: The report (by Mr. WINANS) was read, as follows: Larkin Delph enlisted as a. private, Company E,Seventh Kentucky Volun The Committee on Invalid Pensions, to whom was referred Senate bill 2420, teers, Angus~ 19,1861, and was discharged April5, 1863, on surgeon's certificate report that they have examined the same, and adopt the Senate report, as follows: of disability. He filed claim for pension June 19,1869, alleging that he was ac cidentally wounded by a. shot which entered below the heart and came out on [Senate Report No.l205, Forty-ninth Congress, first session.} the left side of the backbone; that it took place at Mount Vernon, Ky., in Oc- The claimant enlisted in Company F, Thirteenth Regiment 'fisconsin Volun tober, 1861. · . teers, October 26, 1861, and was discharged July 29. 1865. He applied for a. pen His claim was rejected on the ground of no record as to origin of alleged gun sion, stating in his declaration that at Huntsville, .Ala., he was taken with chills shot wound and claimant's declared inability to furnish the testimony of an and fever, and was sent to hospital; that a dangerous fever set in, followed by officer or comrades or other competent evidence showing incurrence in line chills and dumb ague, caused, so far as he knows, by the malarial condition of of duty. the ·atmosphere and bad water. His application was rejected by the Pension Col.T. T. Garrard, Seventh Kentucky Volunteers, testifies he has known claim Office on the ground that he had no pensionable disability from " malarial poi ant prior to and since the war; that while in hospital, Mount Vernon, Ky., soning;" that disease of the lungs was not accepted "as a result of malarial claimant was shot; bas seen the wounds, but does not know the circumstances poisoning." of wounding; after his recovery, he returned to the regiment, and was dis- The evidence shows that he was sound when he went into the service; that charged. Has heard him complain of it frequently since. · he came out of it sick; that he has been sick ever since; that that is his condi· Capt.P. B. White, Company E, Seventh Kentucky Volunteers, Manchester, t ion now. The report of the Surgeon-General shows that he was a MltS. ANNA SCHIER. be called on me, which I think was in 186). From his statement and the his tory and character of the case I concluded he was correct. Upon examination On motion of Mr. FELIX CAMPBELL, the bill (H. R. 7983) granting of the bones after amputation, I was fully satisfied that he was correct, for the olecranial process of the ulna showed ::mold fracture, which I concluded was the a pension to Mrs. Anna. Schier was taken up and read, as follows: cause of the diseased condition of the arm. I can not tell why he did not apply Be it eaacfed, &:c., That the Secretary of the Interior be, and he is hereby au sooner. Green Fields is a yery quiet-, contented sort of a fellow, and would be thorized and directed to place on the pension-roll, subject to the provisions ~d likely to continue in service, making but little ado about his troubles. At that lim~tations of the pension laws, the name of Anna Schier, widow of Nicholas time the poor fellow owned a little farm. Since his discharge his inability to Sch1er, formerly a member of Company C, One hundred and twelfth regiment work has eaten up that farm and reduced him so his only support to-day is Pennsylvania Infantry Volunteers. what he can make with one a1-m, and the little assistance his wife can render. He is not dissipated. The report (by Mr. PINDAR) was read, as follows: "I think his trouble resulted from an injury received while in the Army." Claimant is widow of Nicholas Schier, deceased, who was a private in Com Jacob Euler and William L. Jans, comrades of claimant, testify that claimant pany C, Second Pennsylvania Heavy Artillery, and was pensioned at $! per at Lebanon, Ky. October, 1862, on detail to obtain teams to hanl forao-e was month for rheumatism incurred in service in line of duty. · thrown from his horse, spraining and bruising his left arm, permanently' ren Soldier died February 1, 1881. His widow, the claimant, now asks for pension dering the arm useless. Pieces of bone came out occasionally. and her claim for lung disease, &c., has been rejected by the Department upo~ Theodore W. Jerrold testifies to substantially the same facts. the ground of inability to give necessary medical testimony to establish it. M: Thom'{)son and Emily Skelley, neighbors of claimant at E\·ansville, Ind., The soldier, in his declaration filed, states that at Bunker Hill, March or April testify as follows : . . . 1862, he contracted fever, which resulted in rheumatism and disease of lungs: "Affiants further declare that they have been well and intimately acquainted The soldier's certificate of disability for discharge states that he was disabled with said Fields for-- years last past and associated. with him, and they well from performing the duties of a soldier because of chronic and inveterate rheu know that when be returned home from the Army, after his discharge in the matism. It is shown by Joseph Stahl and James Ga.ngham that soldier was summer of 1865, he was suffering from an injury to his left arm, which thev sound prior to enlistment. Charles A. Dunklebury, late captain of company were informed and verily believed was contracted in the service of the United testifies that. was sound at time of enli_stment; that in December, 1861, States. 'l'hey know that this disability continued on him, for he often spoke of soldi~r h~ the pain arising from it, and mentioned it very frequently. They also know ~as taken s1ck Wlth fever, and had rheumahsm when company was in Wash mgton. that the disability was continuous from the time of his returning home from Dr. C. A. Dusinberre testifies that he has known soldier for fifteen years, and :k: :::::.y until the present year (1876), when it became necessary to amputate during that time he was unable to perform any manual labor; has large anal fistula and disease of the lungs. "They know these facts from personal obscr\ation, and they have no inter- Joseph Stahl testifies in 1879 that he has known soldier ever since his return est in o.ny claim for pension by said Fields." . from tpe nrmy, and knows that he suffered from rheumatism and lung disease Dr. E. B. Thomas, assistant surgeon of claimantis regiment., testifies that he re evers1nce. members treating said soldier while t-he regiment was stationed at Lebanon James Gangham corroborates Stahl. Ky., which was in the fall of the year 1862, for an injury of the nature of n bruis~ The claimant alleges that the soldier died of chronic gouty rheumatism and to his left arm, caused by falling from a horse; has a distinct recollection of the chronic bronchitis; that he had no-physician attending him through his last treatment of said soldie1· for such an injury, but in the absence of any notes on sickness, and has no record of the cause of death. the subject, and owing to the long lapse of time, can not remember the details. • Dr. Dusinberre, on the 15th day of April, 1885, testified in his examination: H. M. Harvey, examining surgeon, gives as the result of a medical examination "That he had treated soldier before his death, but can give no dates; that his March 18,1874: attention was called by his friends; that he called to see him once in a while "Injury to left forearm and elbow-joint by horse rolling upon it. Radiusand and made no charge or any record, because it was a case of charity, and neve: probably nlna necrosed; bQne coming out still; arm swelled, elbow-joint stiff expected any pay; that soldier was suffering from gouty rheumatism and bron ened, inner side of arm inflamed and discharging unhealthy pus at several chitis when he first knew him, and that he continued to suffer from those dis openings; arm painful." eases. He did not attend him at time of his death, but in his opinion he died Dr. :U. J. Bray testifies: from a. complicat.ion of diseases ; he was a.ftlicted with fistula in anohchronic ''On the 25th day of February,1876, I was called upon to amputate the left arm bronchitis, and gouty rheumatism, and they must have all tended to t e cause of said soldier, and the following is a diagnosis of the case: I examined the arm of his death." after amputation. The distal extremity of the humerus and other bones of the elbow were in a caries condition. The olecranial process of the ulna indicated 'l'~ere is also a great amount of testimony from neighbors, all proving that soldter had a bad cough, was-crippled and lame, and was slowly declining and an old fracture or an injury, which was the cause of the present disease. Prob tlying by inches. ably the bones of the forearm were also in a necrose condition, extending down The committee, after an examination of the evidence in this case, are of the t-o the wrist-joint, and the integuments of forearm were in a state of chronic opinion that soldier's death was caused by the disabilities and diseases above ulceration." mentioned, which were incurred in service, and that his widow, this claimant A critical examination of the testimony taken by the special examiner above is entitled to the relief asked, and therefore recommend that the bill do pass. ' mentioned does not, in the opinion of this committee, overbalance all this posi tive testimony. Mr. WALLACE. In this report there is no date given of the death Ron. JosEPH LYMAN, a member of the House, certifies to the very high char acter of claimant, and says his statement in regard to his disability would be of this soldier, and·I ask my friend to state the facts, so we may be able believed by all who know him. to trace when the soldier died and where, or whether he died at all. In view of the doubt thrown upon the case by the conflicting testimony, your [Laughter.] committee believe that soldier's three years' service and his present disability should entitle him to the benefit of the doubt, and merits the relief sought. :Mr. BUCHANAN. The fact that he was buried would seem to in Thel'efore the passage of the bill is recommended. dicate he was dead. (Renewed la.nghter.] bfr. FELIX CAMPBELL. All I know about the matter is, that There was no objection; and the bill was laid aside to be reported to this old lady is in destitute circumstances, and deserves this pension. the House with the recommendation that it do pass. Her neighbors in the city I ha.ve the honor to represent in part unite MBS. SOPHIA SPRAIN. in that testimony. I do not know the exact time her husband died. I know she is deserving and in destitute circumstances. I have a let On motion of Mr. 'VHITE, of Minnesota, the committee proceed to ter from her which shows the case is one of the most meritorious ever the consideration of a bill (H. R. 9025) for the relief of Mrs. ~phia presented to the House. Sprain, widow, and two minor children of Louis F. Spain; which was I move that the bill be laid aside to be reported to the Honse with read; as follows: the recommendation that it do pass. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby The motion was agreed to. directed to place on the pension-roll the name of l\1rs. Sophia Sprain widow' and twominorchildren of Louis F. Sprain, late a private in Company D Fonr: Mr. MATSON. I move the committee rise. teenth Wisconsin Volunteers, subject t-o the provisions and limitations' of the The committee divided; and there were-ayes 13, noes 16. pension laws. So the committee refused to rise. . The report (by Mr. O'HARA) was read, as follows: GREEN FIELDS. Claimant is the widow of Louis F. Sprain, late a private in Company D Four On motion of Mr. LYMAN, the committee proceeded to the consid teenth Wisconsin Infantry, who enlisted October 19,1861; discharged Dec'ember 1,1862, on account of gunshot wounds received at the battle of Corinth Miss. eration of the bill (H. R. 9170) for the relief of Green Fields; which and died January 18, 1881. Widow's claim for a pension rejected on the li-ro•md was r~d, as follows: that "death resulted from disease of the stomach and bowels not shown to be due to the service nor to the wounds for which he was pensioned." . Be it enacted &c., That the Secretary of the Interior be, and he hereby is au H. L. Coon, :r.I. D., testifies that he knew the solclier personally for many thorized and directed t-o place on the pension-roll of the United States subject years, and was soldier's family physician for many years; he often prescribed to the provisions..~. limitations, and restrictions of the pension laws, the ~arne of for the soldier for .general debility and bilious disease caused by wounds. He Green Fields, of ::;idney, county of Fremont, State of Iowa, late of Company Fin was ~lied to sol~ter September17, 1880, and November 15, 1880, and found him the Fourth Indiana Cavalry Volunteers. suffermg from dtsease of stomach and bowels. Soldier died January 18 l&U. There was no post 11wrt~m examination. In affiant's opinion the wounds in 'nbdo· The report (by Mr. CoNGER) was read, as follows: men caused soldier's suffering and death. This soldier enlisted August 11.,1862, in Company F, Fourth Indiana. Cavalry Soldier's certificate of discharge states as follows: and was discharged June 29,1865; filed application for pension October 13 1873' "He was wounded at the battle of Corinth, Miss.; October 3 · 1862 the ball nlleging injury to left arm by the full of his horse while on duty near Leb~non' passing through the flexon tendon of the left wrist, injuring the' radi~. l nerve ~y., in Oc.tober,1862, which had been troubling him more or less ever since; and producing partial paralysis of the fingers, and inability to flex the fingers : 1n affidaVIt filed June 22,1876, swears that he has had tohavehis arm amputated thence passing through the abdominal walls beneath the integuments super~ in consequence of said disability. ficial and deep fascia, entering the right hand, fracturing the metacarpal' bones His claim was rejected on the ground " that disability was incurred since his which united at an obtuse angle, rendering the hand almost useless. discha1·ge." In view of the nature of the wounds received in action, and the opinion of the This conclusion seems to have been arrh·ed at as the result of a special exam physician who attended soldier in his last· illness and death, your committee are ina~ion, in which several comrades testify that they do not remember any such of the opinion that soldier's death may be eaaily traced to the injuries received a.cctdent, and two of them testify that claimant hurt his arm by lifting a heavy while in battle. The widow is quite poor, has two minor children dependent sack of corn several years after the war. bfiLn her support, and your committee therefore recommend the passage of the J:?r. H. G. Jo_nes testifies ~bat he was his family physician, and knows that cla1mant was rn sound bod1ly health and had no injury or disease of left arm whatever prior to enlistment. He further testifies that he treated him for a ne There was no objection; and the bill was laid aside to be·reported to crosed condition of the bones of his left arm from 1869 until February 1876 when the House with the recommendation that it do pass. he assisted in the operation of amputation of said arm. In answe1·' to a letter from the Pension Office, Dr. Jones says: . MRS. SCSAN E. BARRY. "He told me that he had had his arm hurt while in the service of the United States; that be had suffered more or less with it from that time up to the time On motion of Mr. MORRILL, the committee proceeded to the con- '694 CONGRESSIONAL RECORD-HOUSE. JANUARY 14, sidemtion of the bill (H. R. 9009) granting a pension to Susan E. Barry; dered to a third reading, and, being read the third time, were passed, which was read, as follows: namely: Be it enacted, cf:c., That the Secretary of the Interior be, and he hereby is, au A bill {S. 2478) granting a pension to John Wines; thorized and directed to place on the pension-roll the name of Mrs. Susan E. A bill (S. 2459) granting a pension to Eliza Wilkins; Barry, late an army nurse, and pay her a pension at the rate of $1.2 per month. A bill (S. 2730) granting an increase of pension to Elizabeth S. de The report (by Mr. l'tiOBBILL) was read, as follows: Krafft; . l'.Irs. Barry, formerly Miss Susan E. Hall, was constantly employed as a nurse A bill (S. 1642) granting a pension to William F. Harmon; from the summer of 1861 to May, 1865, in general and field hospitals at or near A bill (S. 2167) granting a pension to Mrs. :Margaret Dunlap; the front, the following being a detaHed statement of her assignments and serv ices: . A bill (S. 2388) granting a pension to Alonzo Raymond; After furnishing satisfactory evidence as to fitness, she was selected as a nurse A bill (S. 1654) granting a pension to Joseph Mays; and on May 22, 1861, and after passing an examination as to physical health and sound A bill (S. 2420) granti.Dg a pension to Sidney Denton. ness by the hospital board committee, entered Bellevue Hospital, New York, and remained there in the surgical and sick: wards for two months, being thor The bill (S. 2699) granting a pension to Sarah E. Norton, reported oughly trained. from the Committee of the Whole with amendment, was considered, On July 22,1861, she reported to Miss D. L. Dix, superintendent of nurses, at the amendment concurred in, and the bill as amended read the third Washington, and was ordered to Alexandria, Va., and assigned to duty in the large hospital there filled with wounded. Here she remained eight months; time, and passed. then to Winchester for four months; then to Strasburg; then back to Winches Senate amendment to the bill (II. R. 4688) granting a pension to ter; then to Harper's Ferry, Annapolis, and ba.ck to Washington, to George Josephine Da Costa Thomas was concurred in. town Hospital. Next she went to Antietam, remaining there, caring for the wounded until late in the fall; thence back to Harper's Ferry, in general hospital. Mr. SOWDEN moved to reconsider the several votes taken; and also From there she went to Aquia Creek, with the wounded from the battle of moved that the motion to reconsider be laid on the table. Chancellorsville, then back to Washington: and next she was on the bloody The latter motion was agreed to. field of Gettysburg, with the wounded for some months. In October, 1863,she was transferred to the western department, and was assigned to duty in gen And then, on motion of Mr. MATSON (at 10 o'clock and 17 minutes eral hospital at Nashville, Tenn., and from there she weut to Murfreesboro ugh, p. m. ), the House adjourned. and lastly to Chattanooga, Tenn., where she remained with the wounded from all the engagements between Chattanooga and Atlanta for fourteen months. The following certificates attest her long and valuable services: PETITIOXS1 ETC. OFFICE OF WOMEN NURSES, Washington Oity, D. 0., July 23, 1861. The following petitions and papers were laid on the merk's desk; Miss Susan E. Hall has been this day appointed nurse in the military hospit under the rule, and referred as follows: • als of the eastern department. By Mr. BLISS: Petition of Mrs. Francis Bagley, for a pension-to D. L. DIX., Department of Women N U!'Ses for Military Hospiktls in the United States. the Committee on Invalid Pensions. Miss Susan E. Hall has been detailed to service in the field hospital of the By Mr. BOYLE: Resolutions of Western Pennsylvania Agricultural Army of the Potomac. Association in favor of the passage of tb..e Miller pleuro-pneumonia bill N. B.-If the place of service is changed a new oortitl.cate will be issued. to the Committee on Agriculture. D.L.DIX. MA v Zl, 1863. By Mr. BRADY: Resolutions of the tobacco board of Farmville, Va., in favor of the repeal of the internal-revenue tax, and 'urging action SURGEON-GENERAL'S OFFICE, thereon-to the Committee on Ways and Means. Washington Oity, D. 0., October U, 1863. By Mr. BUTTERWORTH: Petition of Wolff & Brown, asking com You are ordered to proceed direct f.rom the city of Washington to the city of pensation for certain property taken by United States officers during Nashville, Tenn., there to report immediately to the medical director for as the late war-to the Committee on War Claims. signment and service in any general hospital where your abilities and expe rience will be most available. By b1r. J. M. CAMPBELL: Petition of Daniel Shock for a special D. L. DIX, act pension-to the Committee on Invalid Pensions. Super-intendent of Women Nurses. By Mr. CLEMENTS: Memorial of 105 citizens of Polk County, - Miss SusAN E. HALL. Georgia, for the reduction of internal-revenue taxes-to the Commit tee on Ways and Means. OFFICE UNITED STATES ARMY, GENERAL HosPITAL, No.1, Chattanooga, 76nn., May 22,1865. By l'tlr. R. H. M. DAVIJ)SON: Papers in the claim of Martha. L. Miss Susan E. Hall has been on dut-r as nurse at this hospital since June 12, Hendricks, of John McGovern, andof Tilman Taylor, of Clay County, 1864, and has discharged her duties m a most satisfactory manner. The war Florida-to the Committee on War Claims. being over she is desirous to return to Washington, D. C., whence she came. By Mr. DINGLEY: MemorialoftheMaineStateGrangeforthe pas· She has therefore been relieved from duty, and I request in her behalf that quartermasters furnish the necessary transportation to the above-named place. sage of the bill establishing experiment-stations-to the Committee JOHN H. PIDLLIPS, on Agriculture. Surgeon United States Vo~untecrs, By b1r. ER.MENTROUT: Resolutions of the Farmers' National Con In ch /