1904. CONGRESSIONAL RECORD-HOUSE. 4499

Mr. QUARLES. I move that the Senate proceed to the con- Second Lieut. JohnS. Chambe~s, Twelfth Infantry, February sideration of executive business. · . 26.1904. The -motion was agreed toj and the Senate proceeded to the con· Second Lieut. James Regan, jr., Fourteenth Infantry, March sideration of executive business. After five minutes spent in ex­ 2, 1904. .ecrrtive session the doors were reopened, and (at 6 o'clock p. m.) Second Lieut. Gilbert M. Allen, Nineteenth Infantry, March the Senate adjourned until to-morrow, Saturday,April9, 1904,at 19, 1904. 12 o'clock meridian. Second Lieut. John Randolph, Twentieth Infantry, March 29, 1904. Second Lieut. Harry Graham, Twenty-second Infantry, March NOMINATIONS. 29, 1904. Executive nominations 1·eceived by the Senate AprilS, 190J, POSTMASTERS. KANSAS. PROMOTIONS IN THE NAVY, Henry C. Abbott to be postmaster at Le Roy, in the county of Lieut. (Junior Grade) Edward Woods to be a lieutenant in the Coffey and State of Kansas. - · Navy from the 1st day of January, 1904, to :fill a vacancy created in that grade by the act of Congress approved March 3, 1903. NEBRASKA. Ensigns Allen Buchanan and Frederick J. Home, jr., to be lien­ .A. D. MeNeer to be postmaster at Blue Hill, in the county of tenants (junior grade) in the Navy from the 28th day of January, Webster and State of Nebraska. 1904, having completed three years' service in their present grade. L. V. Styles to be postmaster at St. Edward, ·in the county of Lieut. Hilary P. Jones, jr., to be a lieutenant-commander in the Boone and State of Nebraska. Navy from the 19th day of March, 1904, vice Lieut. Commander Thomas J. Taylor to be postmaster ~t Wilber, in the county of · Harry H. Hosley, promoted. Saline and State of Nebraska.. Lieut. William R. Shoemaker to be a lieutenant-commander in Joseph G. Alden to be postmaster at Aurora, in the county of the Navy from the .18th day of March, 1904, vice Lieut. Com­ Hamilton and State of Nebraska. mander Frank E. Bea~, promoted. NEW YORK. Asst. Civil Engineer James V. Rookwell to be a civil engineer Richard H. Mcintyre to be postmaster at Saranac Lake, in the in the Navy from the 6th day-of March, 1904, vice Civil Engineer county of Franklin and State of New York. George Mackay, retired. OKLABOIU.. Jacob Puckett to be postmaster at Cushing, in the county of CONFIRMATIONS. Payne and Territory of Oklahoma. Executive nominations confirined by the Senate April 8, 1901,. PROMOTIONS L't THE ArurY. HOUSE OF REPRESENTATIVES. .ARTILLERY CORPS. To be major. FRIDAY, April 8, 1904. Capt. FrankS. Harlow, Artillery Corps, Aprll1, 1904, The House met at 12 o'clock m. To be captains. Prayer by the Chaplain, Rev. HENRY N. COUDEN, D. D. The Journal of the proceedings of yesterday was read and ap­ First Lieut. Arthur F. Cassels, Artillery Corps, November 23, proved. 1903. - . RELIEF OF TOBACCO GROWERS. First Lieut. Harry P. Wilbur, Artillery Corps, November 28, 1903. Mr. DALZELL. Mr. Speaker, I desire to submit a privileged To be first lieutenants. report from the Committee on Ways and Means, which I will send to the desk and ask to have read. Second Lieut. Frederick B. Hennessy, Artillery Corps, Novem- The Clerk read as follows: ber 23, 1903. . The Committee on Ways and Means, U> whom was referred the bills l!. R. Second Lieut. Fred L. Perry, Artillery Corps, November 28, 1971,3374,4482,9810,10875, ll89,14D17,bavinghad them tlfiderconsideration, beg 1903. . . leave to report a substitute. INFANTRY ARM. The Clerk read the title of the bill, as follows: To be colonel. A bill (H. R. US96) for the relief of tobacco growers. Lieut. Col. Thomas C. Woodbury, Thirteenth Infantry, March The SPEAKER. The bill will be referred to the Committee of 29, 1904. the Whole House on the state of the Union and, with the accom­ To be lieutenant-colonels. panying report, printed. Maj. Alfred C. Sharpe, United States Infantry, assistant adju­ .SHIPPING BETWEEN PORTS OF THE UNITED STATES AND PORTS OF tant-general, 1\Iarch 29, 1904. THE PHILIPPINE ISLANDS, ETC. Maj. George H. Roach, Twenty-eighth Infantry, March29", 1904. Maj. William H. C. Bowen, Twelfth Infantry, March 29, 1904. Mr. GROSVENOR. Mr. Speaker, I call up the bill (S. 2259) to regulate shipping in trade between ports of the United States and To be 1najors. ports or places in the Philippine Archipelago, and for other pur­ Capt. Thomas W. Griffith, Twenty-seventh Infantry,March29, poses. I would ask the Speaker how much time there is remaining? 1904. The SPEAKER. There is seven minutes of time still remain­ Capt. George W. Mciver, Seventh Infantry, March 29,1904. .ing under the control of the gentleman from Ohio. To be captains. Mr. GROSVENOR. Mr. Speaker, the bill under consideration h.as been fnlly .dis

bill. I believe that if we have any legislation, and I think it is in NOT VOTING-122. the highest degree necessary, we can not go beyond the year 1906. Acheson, Foster, ill. -Lester, Shackleford, Mr. Speaker, I do not care to occupy any further time, and I Aiken, Fowler, Lewis, Shiras, Ames, French, Livingston, Shober, shall ask for a vote under the rules. Babcock, , Fuller, Lorimer~ Shull, Mr. BIRDSALL. · Mr. Speaker, I offer the following amend­ Bankhead, Gaines,Tenn. Londensmger, Slemp, ments, which I will send to the desk and ask to have read. B~e, • Gardner, Mass. McAndrews, Smith, Iowa · Beidler, Gardner, Mich. McCarthy!. Smith, N. Y: The Clerk read as follows: BelL Cal Gamer, McDermott;, Snapp, On page 1, after the word "first," in line 3, strike out the word "five" and Benton, Gillett, Cal. McLachlan, Southall, insert the word "six." Bingham, Goebel, McNary, Sparkman On page 2, after the word "first," in line 5, strike out the word "five" and Bowie, Goldfogle, Mahoney, Sullivan, N.Y. insert the word "six." • Broussard, Gooch, Maynard, Sulzer, On page 2, after the word "first," in line 23, strike out the word "five" and Brownlow, Goulden, Metcalf Talbott, insert the word " six." Burke, Hearst, - M~&yer, ta. Tate, On page 3, after the word "first," in line 7, strike out the word "five" and Burleigh, Hepburn, Mirior, Taylor, insert the word "six." Burnett, Hildebrant, Mondell, Thomas, Iowa Butler, Mo. Hill, Miss. Moon, Pa. Townsend, Mr. SPIGHT. Mr. Speaker, I move an amendment to the Cassel, Hinshaw, Morgan, Vandiver, Cochran. Mo. Holliday, Needham, Wachter, amendment whereby the word "nine" will be inserted wherever CooperiiTex. Houston, Nevin, Wallace,: the word '' six '' occurs. ' Darrag , Howard, Otis, Warner, The SPEAKER. The gentleman from Mississippi offers an Davis, Fla. Huff.,. Patterson, Tenn. Weisse, Davis, Minn. Hngnes,N.J. Pearre, Wiley, Ala. amendment to the amendment, which the Clerk will report. Dayton, Hunt, - Powers, Mass. Wiley, N.J. The Clerk read as follows: Dickerman, Hunter, Prince, Williams, ill. Dougherty, Jackson, Md. Rainey, , Williams, Miss. Strike out the word "six" w1terever it occurs in the amendment and in­ Douglas, Jackson, Ohio Rhea, Wilson, N.Y. sert in lieu thereof the word "nine." Dresser, Knapp, Richardson, Tenn. Woodyard, Fitzgerald, Knopf, Roberts, Wright. The SPEAKER. The question is on agreeing to the amend­ Flack, Lamar,Fla. Ruppert, ment to the amendment. Flood, Landis, Chas. B. Scudder, • The question was taken; and the Speaker announced that in the opinion of the Chair the amendment to the amendment was re- So the amendment was rejected. jected. , The following pairs were announced: Mr. SPIGHT. Mr. Speaker, I demand the yeas and nays. For the balance of the session: The yeas and nays were ordered. ' Mr. SHERMAN with Mr. RUPPERT. The question was taken; and there were-yeas 123, nays 126, Mr. HUNTER with Mr. RHEA. answered" present" 10, not voting 122, as follows: Mr. CH.A.RLES B. LANDIS with Mr. TATE. Mr. DA.YTON with Mr. MEYER of Louisiana. YEAS-123. Mr. BouTELL with Mr. GRIGGS, Badger, Fitzpatrick, Legare, Robinson, Ark. Mr. CASSEL with Mr. GooCH. Baker, Foss, Lever, Robinson, Ind. Bartlett, Garber, Lind, Rucker, Mr. PATTERSON of Pennsylvania with Mr. DICKERMAN. Bassett, Gillespie, · Lindsay, Russell, Until further notice: Beall, Tex. Glass, Little, Ryan, Mr. GOEBEL with Mr. HILL of Mississippi. Bowers, Granger, Lloyd, Scarborough, Bradley, Gr!3g~J Lucking, Sheppard, Mr. FULLER with Mr. FOSTER of lllinois. Brantley, Griffitn, McCall, Sherley, Mr. BROWNLOW with Mr. BENTON. Breazeale, Griggs, McLain, Sims Mr. BINGlLAM with Mr. RICHARDSON of Tennessee. Brundidge, Gu4ger, Macon, Slayden, Burgess, Hamlin, Maddox, Small, Mr. HoLLIDAY with Mr MIERs of Indiana. Burkett, Hardwick, Mann, Smith, Ky. Mr. HEPBURN. with Mr. ADAMSON, Burleson, Harrison, Moon, Tenn. Smith, Tex. Mr. LoRIMER with Mr. MAHO~EY. Burton, Hay, Murdock, Snook, Byrd, Henry, Tex. Norris, Spalding, Mr. KNOPF with Mr. WKISSE. Caldwell, 1 Hitchcock, Otjen, Spight, Mr. LOUDENSLAGER with Mr. RICHARDSON of Alabama. Candler, Hopkins, Padgett, Stafford, Mr. BEIDLER with Mr. HowARD. Cassingham, Humphreys, Miss. Page, Stanley, Clark, James, Patterson, N.C. Stephens, Tex. Mr. DARRAGH with Mr. BURNETT. Clayton, Johnson, Perkins, Sullivan, Mass. For the remainder of the week: Cochan, N. Y. Jones, Va. Pierce, Swanson, Mr. S~.APP with Mr. EMERICH. Cooper, Wis. Kehoe, Pinckney, Thayer, Cowherd, Keliher, Pou, Thomas, N. C. Until Saturday: . Urowley, Kitchin, Claude Pujo, Trimble, Mr. SLEMP with Mr. FLOOD, Crumpacker, Kitchin, Wm. W. Randa~\ Tex. Underwood, Until the 8th instant: Davey, La. Kline, Ransdeu, La. VanDuzer, DeArmond, Kluttz, Reid, Volstead, Mr. SIDTH of Iowa with Mr. LEWIS, Denny, Lamar,Mo. Rider, Wade, For this day: Dinsmore, Lamb, Ri.xey, Webb, Mr. B.A.BCOCK with Mr. LIVINGSTO~. Field, Lanning, Robb, Zenor, Finley, Lawrence, Robertson, La. Mr. METCALF with Mr. SHACKLEFORD. Mr. WACHTER with Mr. TALBOTT. NAYS-126. Mr. NEEDHAM with Mr. BROUSSARD. Adams,Pa. Davidson, Hughes, W.Va. Payne, Mr. GARDNER of Massachusetts with Mr. DOUGHERTY, Adams, Wis. Deemer, Hull, Porter, Alexander, Dixon, Humphrey, Wash. Powers, Me. Mr. OTis with Mr. BUTLER of Missouri. Allen, Dovener, Jenkins, Reeder, Mr. McLACHLAN with Mr. McNARY. Bartholdt, Draper!h, Jones, Wash. Rodenberg, Mr. WRIGHT with Mr. SommER. Bates, Drisco Kennedy, Scott, Benny. Dunwe Ketcham, Sibley, Mr. MooN of Pennsylvania with Mr. GouLDEN. Birdsall, Dwight, Kinkaid, Smith, ill. , Mr. WARNER with Mr. WILLIA.MS of Illinois. Bishop, Esch, Kyle, Smith, Wm. Alden Mr. BEDE with Mr. BANKHEAD. Bonynge, Evans, Lacey, Smith, Pa. Bowersock, Fordney, Lafean, Southard, Mr. FLACK with Mr. GOLDFOGLE. Brandegee, Foster, Vt. Landis,Frede:tick Sonthwic~ Mr. KNAPP with Mr. SULZER. Brick, Gaines, W. Va.. Lilley, Sperry, Mr. SMITH of New York with Mr. VANDIVER, Brooks, Gardner, N.J. Littauer, Steenerson, Brown, Pa. Gibson, - Littlefield, Sterling, Mr. SAMUEL W. SMITH with Mr. BowiE. Brown, Wis. Gillet, N.Y. Livernash, Stevens, Minn. Mr. ACHESON with Mr. AIKEN. Buckman, Gillett, Mass. Longworth, Sulloway, Mr. BURKE with Mr. BANKHEAD. Butler, Pa. Graff, Loud, Tawney, Calder head, Greene, McCleary, Minn. Tirrell, Mr. BURLEIGH with Mr. CocHRAN of M.issonri. Campbell, Grosvenor, McCreary, Pa. Van Voorhis, Mr. DAVIS of Minnesota with Mr. COOPER of Texas. Capron, Hamilton, McMorran, Vreeland, Mr. DOUGLAS with Mr. DAVIS of Florida. Castor, Haskins, Mahon, Wadsworth, Connell, Hangen, Marsh, Wanger, Mr. DRESSER with Mr. FITZGERALD. Conner, Hedge, Marshall, Warnoc~ Mr. FOWLER with Mr. GAINEs of Tennessee. Cooper,Pa. Hemenway, Martin, Watson, Mr. GARDNER of Michigan with Mr. TAYLOR. Cousins, Hem·y, Conn. Miller, Weems, Cromer, Hermann, Morrell, Williamson, Mr. GILLETT of California with Mr. HEARST. Currier, Hill, Conn. Mudd, Wilson, ill. Mr. HINSHAW with Mr. GARNER. Curtis, Bitt, Olmsted, Wynn, Mr. HUFF with Mr. LAMAR of Florida. Cushman, Hogg, Overstreet, Young. Dalzell, Howell,N.J. Palmer, Mr. LOVERING with Mr. McDERMOTT. Daniels, Bowell, Utah Parker, Mr. MINOR with Mr. HousTo~. ANSWERED "PRESENT"-10. Mr. MoNDELL with Mr. HUNT. Adamson, Gilbert, Patteison,Pa. Smith, Samuel W. Mr. N EVIN with Mr. LESTER. Boutell. Lovering, Richardson, Ala. Mr. MORGAN with Mr. PATTERSON of Tennessee. Emerich, Miers, Ind. Sherman, Mr. PEARRE with Mr. SHOBER. 1904. CONGRESSIONAL RECORD--HOUSE. 4501

Mr. PoWERS of Massachusetts with Mr. RAINEY. fore, that the House ought to be allowed to pass upon the p~opo­ Mr. PRINCE with Mr. SHULL. sition either one way or the other. Mr. ROBERTS with Mr. SoUTHALL. I now ask the.previous question. Mr. SHIRAS with Mr. SPARKMAN. , Mr. BARTLETT. Mr. Speaker, will the gentleman yield to Mr. WILEY of New Jersey with Mr. SULLIVAN of New York. me for an inquiry? Mr. WoODYARD with Mr. WILSON of New York, Mr. DALZELL. Certainly. Mr. THOMAS of Iowa with Mr. MAYNARD. Mr. BARTLETT. Mr. Speaker, if! understand the gentleman, Mr. ToWNSEND with Mr. WILEY of Alabama. this is a rule to give to the hill providing for a Government ex­ Mr. FRENCH with Mr. WALLACE. hibit at the Lewis and Clark Exposition the simple right to be Mr. WANGER with Mr. GILBERT. privileged. Is that it? On this vote: Mr. DALZELL. The right to be considered immediately, if Mr. HILDEBRANT with Mr. WILLIAMS of Mississippi. this rule is adopted. , Mr. AMEs with Mr. BELL 6f California. Mr. BARTLETT. The gentleman has said something to the Mr. McCARTHY with Mr. HuGHES of New Jersey. effect that this legislation ought to be considered. Did the gen­ Mr. MAYNARD. Mr. Speaker, I desire to be recorded. tleman make the statement that if the House does not consider The SPEAKER. Was the gentleman in his seat and listening it there is some probability that we shall have to consider the at the time his name should have been called? proposition on a conference report, where the House will not have Mr. MAYNARD. I was at my-desk trying to pay attention, the free8.om of action that it will have now? - and two Members came up and talked to me, and I missed my In other words, the Senate has been in the habit of putting name. . upon appropriation bills this sort of legislation, and unless the The SPEAKER. It seems to the Ohair that the gentleman does House acts in some way so as to consider the measure separately, not bring himself within the rule. - we may get this measure brought before the Honse in such a way Mr. MAYNARD. If permitted to do so, I should like to vote as we are liable to vote upon the proposition in a way where the " present." House can not have the proper action that it might have now. Is Mr. FLOOD. I should like to inquire if the gentleman from that the suggestion that the gentleman makes? Virginia [Mr. SLEMP] is recorded? . Mr. DALZELL. This rule · simply allows this bill to come up The SPEAKER. He is not recorded. now without any limitation or debate, under the rules of the Mr. FLOOD. I am paired with him. House, subject to the call of the previous question. The SPEAKER. Did the gentleman vote? The SPEAKER. The-gentleman from Pennsylvania moves Mr. FLOOD. No; I did not vote because I was paired with the the previous question. gentleman from Virginia [Mr. SLEMP]. Mr. DE ARMOND. Mr. Speaker- Mr. HUGHES of New Jersey. Mr. Speaker, I desire to vote. The SPEAKER. Does the gentleman yield? The SPEAKER. Was the gentleman in his seat and listening Mr. DALZELL. How much time does the gentleman want? at the time his name should have been called? - Mr. DE ARMOND. I think we had better have twenty min- Mr. HUGHES of New Jersey. I was not. I was in the cor- utes on a side. . ridor. · . Mr. DALZELL. The previous question has not been ordered. The SPEAKER. The gentleman does not bring himself within As the matter has been debated, should the previous question be the rule. ordered there would be no opportunity for debate. I will with­ Mr. GOLD FOGLE. I desire to know how the gentleman from hold the motion for the previous question. How much time does New York [Mr. FLACK] is recorded? the gentleman want? The SPEAKER. He is not recorded. Mr. DE ARMOND. I only wish to have about five minutes, Mr. GOLDFOGLE. I am paired with the gentleman and de­ but I wish to have twenty minutes on this side. sire to be marked " present." Mr. DALZELL. I yield ten minutes to the gentleman. The SPEAKER. Did the gentleman vote? Mr. DE ARMOND. Mr. Speaker, my only object at this tin;le Mr. GOLDFOGLE. I did not. I am paired with the gentle­ is to call the attention oftheHouse to the fact that by this device man. - of "the rules/' by favor of the Committee on Rules, much of The SPEAKER. The gentleman does not bring himself within favoritism and partiality is shown. The effect of picking out such the rule. measures as may have the favor of the Committee on Rules and Mr. GILBERT. I was paired with the gentleman from Penn­ bringing them directly before the House, or putting them in the sylvania [Mr. WANGER], but I find that our pair expired yester­ position of matters of privilege, while hundreds of other meas­ day. It seems that the gentleman is perhaps laboring under the ures, more urgen~ and of greater public value, but lacking the impression that the pair was still in force. Therefore, for fear favorable consideration of that committee, perish upon the Calen­ that I might mislead him, I desire to change my vote. dar without any chance whatever for consideration, is not whole­ The SPEAKER. The Clerk will call the gentleman's na~e. some. My own notion is that a proper exercise of the powers of The Clerk called, the name of Mr. GILBERT, and he answered this committee would be to select for special consideration the ~'present." more important of the public measures pending in the House (in The result of the vote was announced as above recorded. view of the fact that all can not be considered), that those ~p.ost The SPEAKER. The question now is upon agreeing to the important, the consideration of which would be of the greatest amendment. - interest, and the passage of which would give the greatest benefit The amendment was agreed to. to the whole people of the country, ought to be the measures by The bill as amended was ordered to a third reading, and was preference brought before the House. accordingly read the third time, and passed. As things go-and I am not complaining about it, but merely On motion of Mr. GROSVENOR, a motion to reconsider the last calling attention to it-it is determined by a very small coterie of vote was laid on the table. the House-determined really by three men; determined really by one man, the Speaker of the House-what matters, outside of LEWIS AND CLARK EXPOSITION, those that are absolutely privileged, may be considered, and what Mr. DALZELL. Mr. Speaker, I present the following privi.: matters outside of that small class shall not have consideration leged report from the Committee on Rules. in the House. I do not believe that this discretion-if it be called The Clerk read as follows: discretion-is wisely exercised. I do not believe that the original policy of the Committee on Rules looked to this use of it. The Committee on Rules, to whom was referred the resolution of the House No. 293, have had the same under consideration and ask leave tore­ Now, if we are going into a matter of comparison of the meas­ port in lieu thereof the following: ures upon the Calendar to-day, I would say that in the judgment "Resolved, That upon the adoption hereof the Committee of the Whole of the Members of the House, if they could have an opportunity House on the state of the Union shall be dischargedfromconsideration of the bill (S. 276) to provide for the celebration of the one hundredth anniversary of to express it, and the judgment of the people of the country, of the exploration of the Oreg~m country by Capts. Meriwether Lewis and the relative importance of the measures pending·, this session would William Clark in the years 1804:, 1805, and 1~~ and for other purposes, and the have to be held a good long while, would have to be protracted Honse shall proceed to the consideration of me same." far beyond the time when an adjournment will be reached, if a Mr. DALZELL. Mr. Speaker, the effect of this resolution, if good many measures which should be brought before us for ac­ adopted, is to bring before the House for immediate consideration tion by the Committee on Rules be permitted to come before the the Senate resolution providing for the Lewis and Clark Exposi­ House at all. In other words, if they come up on their merits, by tion, as amended by the House committee. the selection of measures according to their merits, a great many I want to say, in justice to myself, that I am opposed to this measures that come up by reason of this favor and political par- legislation. I voted against the bill when it was before the House tiality wou1d not come up at all. · · some days ago, but the vote on that occasion was 134 yeas to 72 It is true that upon the vote to snsp:md the rules and pass the nays, which indicated a desire upon the part of the House to con­ bill the majority of the House expressed themselves in favor of sider this legislation; and the Committee on Ru1es thought, there- the passage of the measure which this rule would make privileged. 4502 CONGRESSIONAL RECORD-HOUSE: APRIL 8,

But while that is true, it is also true that if the House could have Mr. TAWNEY. Mr. Speaker, I call up Senate bill276, referred had an opportunity to express its preference and judgment, the to in the resolution just adopted. , House, by even a greater preponderating favora.ble vote, would The SPEAKER. The bill has already been read in the Home. have expres ed itself in favor of the passage of many oth-er bills, Does.the gentleman desire to have it read again? reposing serenely upon the Calendar, and to repose there until the Mr. TAWNEY. !do not. 4th day of next March sees this Congress expire. The SPEAKER. If there be no objeetion, the further reading We all know that this matter of moving to susp-end the rules, of the bill will be dispensed with. [After a pause.] The Chair where a two-thirds vote is required to pass a measme ~ like all hears no objection. other things relating to our action here, is a matter of partllility Mr. TAWNEY. Mr. Speaker, I do not wish to occupy the time and of favor. One cannot, e.xceptatthQ pleasure of the Speaker, of the House in any further discussion of the bill and amend­ have an opportunity to move here to suspend the rules and pass ments proposed by the committee. But for the information of a bill, however many people may be in favor of it. However cer­ gentlemen who may not have been liere on Monday and heard tain it may be that two-thirds would support the motion, it is the bill explained, I will say· that the Senate bill which passed necessary to submit the request for that permission to submit that body and came to the House and was referred to the Com­ that motion-a permission which ought to be, and is, the right mittee on Industrial Arts and Expositions authorized the holding of a Member of the House-to the Speaker, and if the Speaker of this exposition in 1905. It authorized the President of tbe sees fit to recognize him, then the judgment of the House may be United States to invite foreign nations to participate in the expo­ taken upon the proposition of suspending the rules and passing sition. It also created a national commission to have S11pervisl0n the measure, and if two-thirds vote for it, the rules being sus­ jointly with the State of Oregon and a local corporation over the pended, the measure is passed. exposition. It appropriated $1,775,000 and authorized a Govern­ But first, before it can be ascertained whether two-thirds OT a ment exhibit which would have cost at lea5t $200,000,making ap­ majority or any other proportion of the House really desire a proximately an appropriation of 2,000,000. measure to pass, or even to be considered~ it is imperatively nec­ The committee of the House reports the bill back with an amend­ essary that the permission of the Speaker be obtained to take the ment striking out all after the enacting clause. The amendment sense of the House. Now, I S1lbmit-and I know perfectly well eliminates the Federal authorization for the exposition; it elim­ when I do S1lbmit it that it is perfectly idle to do so-that a proper inates all authority for invitations to be extended to foreign na­ regard for the public welfare, a proper disposition to consider tions; it makes no provision whatever for a national commission. measures according to their merit, in the judgment of those who It simply provides for a Government exhibit and the erection of have them to deal with, would lead to the bringing forward, and necessary buildings for the purpose of housing and caring for especially would prevent the keeping back, of many measures that exhibit while at the exposition, and authorizes the appoint­ which will not be considered in this House or this Congress at all ment of a Government board charged only with the duty of se­ beyond the consideration they may receive in committee. lecting, installing, and caring for the exhibit of the Government, This measure is one of importance, perhaps, to the people in a and for that purpose appropriates $450,000 instead of $1,775,000. particular locality. It is not a matter of great, swe-eping impor­ In addition to that it carries an appropriation of 25,000 for an tance to the people of this whole country. In comparison with it, Alaskan exln"bit. The necessity for making this last appropria­ there are dozens and scores of measures now pending in thjs tion has been fully explained in a previous .debate, namely, that House which are of an hundredfold more importance to the peo­ the Territory of Alaska, has no means whatever of appropriating ple of this country, and each of which, if put to a vote, would se­ money for the purpose of defraying the expense of making this cure a very much larger vote in favor of passage than will be cast exln."bit. It was the judgment of your committee that because of for this measure. the close proximity of the district of Alaska to Oregon, where The Speaker and the Committee on Rules in the course they this exhibition will be held, Congress would be justified in mak­ have taken are merely treading, I suppose, in the footsteps of their ing this small appropriation for that purpose. illustrious predecessors. They are merely using the power which Now, there is one feature in connection with this bill that has is lodged in them ·for wiser and better and broader purposes, I been brought to my attention since the debate a few days ago think, to make S11Ch discrimination and evince such partiality as that has not boon discussed. It is in regard to the Sunday clos4 may be pleasing to them or in their judgment may be beneficial ing of this exposition. A certain gentleman residing here in the to the party in power, without any reference whatever to the city of Washington, Mr. Crafts, was before the committee and merit of the propositions involved, and really without much ref­ asked fo~ a hearing on the subject of closing this exp~'ition on erence-often without an)" :reference-to the desire of a majority Sunday. The gentleman was informed that a hearing would be of the Members of the House, even to the desire of a majority given on the bill, and at that time the committee would hear him. upon the other side; beeause when a matter of this kind comes He could not appear, but sent another gentleman to represent up it is a species of party treason to vote against that which this him. Subsequently Mr. Crafts inquired if opportunity would be august committee recommends to the House. A Member upon given to him to be heard, and I informed him that an opportunity the majority side who would vote against a rule when submitted would be given if the committee decided to report a bill author­ is a Member who is not exactly following the course marked out izing this exposition. for him, and he certainly does not commend himself to the favor On the contrary, the committee did not agree to anything of of the majority here, that majority being the Speaker and his two that kind. It was the judgment of the committee that the Fed­ associates on the Committee on Rules, whatever the judgment of eral Government be entirely divorced from any supervision or his constituents at home may be. control over the exposition. It is given under State authority, I merely S1lbmit these observations of avery general character, and we therefore have no power. we have norighttosaywhether and having reference not especially to this bill, but to the course that exposition shall be open on Sunday or shall be closed on Sun­ of proceeding in this and other matters, quite conscious at the day. If we assumed to exercise arbitrary power in the matter time I do S1lbmit them that they will be void of effect, as S11Ch re­ and there was a deficit, it would simply give them an opportunity marks usually are void of effect here. .And in regard to the rule to come back to Congress and say, " Had you not required the reported and adopted yesterday with reference to the Philippine closing of our exposition on Sunday the receipts would have been shipping bill just disposed of, I will add that but for the power ample to pay the expenses." For these reasons there is no provi­ of the Committee on Rules thrown in favor of the passage of that "sion in the bill in respect to the closing of the exposition on Sun­ bill, but for the power of the Honse evinced in the desire of the day or any provision whatever for Federal supervision of any Speaker to have it passed, the judgment of this House would have kind. That is a matter that addresses itself entirely to the au­ been to devote a longer time to its consideration, to look into it thorities that will have control and supervision of the exposition more carefully, to amend it in important particulars, and practi­ in the exercise of their authority under the law of the State of cally and essentially to change it if passed at all. [Applause on Oregon which authorizes, and which alone authorizes, the exposi4 the Democratic side.l - tion. Mr. DALZELL. Mr. Speaker, I just want to say that the Th~re is one other provision in the bill that I have not before speech delivered by the gentleman from Missouri has long been referred to, and that is the provision authorizing the Secretary of a favorite theme and the oftener I hear him the better I like it. the Treasury to coin 250 000 gold dollars as souvenir coins of the Mr. Speaker, I now demand the previous question. Lewis and Clark Exposition, the design to be provided by the The SPEAKER. The gentleman from Pennsylvania demands Secretary of the Treasury, but the exposition company can not the previous question. obtain one or any of these gold dollars without paying par value The previous question was ordered. , for them. The question was taken on agreeing to the resolution, and the It is the belief of the 'people on the Pacific coast interested in Speaker announced that the noes appeared to have it. the success of the exposition that they will be able to dispose of Mr. DALZELL. Division, Mr. Speaker. (Appla.use on the these gold dollars by a premium of a dollar, and if they can do Democratic side.] so it will give them, without a.ny expense to the Gove:rnment at all, The Honse divided; and there were-ayes 156, noes 89. · theeqnivalentof an appropriation of $250,000. The ordinary gold · So the resolution was agreed to. dollar heretofore coined by the Government is, I am informed, at 1904. CONGRESSIONAL RECORD-HOUSE. 4503

a premium. In the judgment of the committee there is no reason to the general plan and policy of expositions, which creates an why, if the people on the Pacific coast are interested in this expo­ abuse and whereby a certain locality comes and joins 'with other sition, as they seem to be, why the 250,000 gold dollars which they localities that have had expositions and other localities that an­ pay 250,000 forcannot besold atapremiumof a dollar, thus giv­ ticipate expositions, and, joining local intere.sts and considerations, ing them a net profit of $250,000. come with force and numbers to carry these appropriations. If Now, Mr. Speaker, if there is no desire on the part of gentle­ each stood upon its own merits, few would be appropriated for men for debate, I am ready to move the previous question on the and those on a large and national scale. , amendment and bill to its final passage. I believe that two-thirds of the Members of this House who vote Mr. BARTLETT rose. for this proposition have said before this that some other that :Mr. TAWNEY. I withhold the motion for the previous ques­ they favored was the last they would favor with an appropriation tion. Does the gentleman from Georgia desire any time? for an exposition. Therefore they are placed in an unpleasant :Mr. BARTLETT. I should like a few minutes. attitude. Members should be the power to stand between the Mr. TAWNEY I will yield to the gentleman from Georgia people's Treasury, for the people, and against this exposition policy five minutes. run mad. Hearing from but one side, the agents of these expo­ Mr. BARTLETT. Mr. Speaker, this proposition was up on sitions, they are compelled to stand, some Members, in the posi­ Monday last. I undertook at. that time to give the reasons that tion of rushing against their own sentiments. Who spoke against influenced me and controlled my judgment and vote. I do not this proposition before the committee? Not one. Who speaks desire, nor is it necessary, to repeat those reasons. because they against any of them before the committees? No one. All who are known, not only because uttered when this bill was up for come favor it. The people away back at home expect us to stand consideration a few days ago, but they are known to Members of up against lavish appropriations. Members of Congress &re ex­ this Congress and known to all men who know me and know my pected to do this, and some of us shirk our duty. record since I have been a Member of Congress. I realize that The SPEAKER. The time of the gentleman has expired. this bill has sufficient votes behind it to pass it. I realize that no Mr. TAWNEY. Mr. Speaker, I yield three minutes to the gen­ suggestion I may make, no reason I may offer against it, will con­ tleman from California [Mr. LrvERNASH]. trol anyone who has made up his mind upon the question. and I Mr. LIVERNASH. Mr. Speaker, I regret that any opposition appreliend that everyone present has determined for himself to the pending bill exists on this side of the Chamber. It comes whether he will vote for or against the bill. For myself I can with ill grace, I think, for Democrats who have been urging lib­ not vote for it, and shall not, for the reasons that I have given eral appropriations for expositions in the East and South, and heretofore. Those reasons are satisfactory to myself, and I shall whose pleas have been effective, now to seek to strike down a bill not repeat them now. granting to the West a moderate allowance to the same end. Mr. TAWNEY. Mr. Speaker, I yield five minutes to the gen­ Such opposition as rests on convictions as to the Constitution, of tleman from Indiana l)fr. RoBINSON]. course, I must respect in the matter of motive, but other opposi­ Mr. ROBINSON of Indiana. Mr. Speaker, the policy of en­ tion I should be glad to see abandoned. The gentlemen who have couragement of expositions has grown up in late years and is stood for appropriations for the various expositions held and to - growing. It seems that every locality that can present a his­ be held in the States east of the Rocky Mountains should not be torical event, a historical character, comes to Congress and asks grudging toward the great territory fronting the Pacific. to have an exposition to glorify that event or that character. The world has declared in favor of national and international When a locality has no historical event of a public character, then fairs as valuable aids to art, commerce, and good-fellowship; and it wants the exposition with a large and extravagant appropria­ our country has taken a lead among the nations in promoting ex­ tion, and it s~ems Congress is inclined to grant it, because it hap­ positions. The West is seeking modest participation in the bene­ pens to be on the Pacific, or on the Atlantic, or on the Gulf, or on fits of this enlightened policy. She reminds gentlemen that of the Great Lakes; and if neither of these conditions exists, if it hap­ the $20,000,000 thus far given by the Federal Government in aid pens to be midway, that seems to be sufficient. The reason we of expositions in the United States the States and Territories west have had this encouragement of expositions and these extrava­ of the Rockies have received nothing; and, without complainin"' gant appropriations for them heretofore was due in large measure as to the liberality shown the East and the South, she finds in th~ to the condition that existed in the United States Treasury. With fig_ures something which should be convincing to the Members of a large United States surplus deposited in national banks, this this assembly when she comes here asking an appropriation of system offers an expedient to dissipate it and is availed of. Upon the very moderate sum carried by the bill now under discussion. this subject I desire to give some suggestions to my Republican I have. nothillg to say, by ymy of persuasion, to my colleagues n·iends from a Republican President, as taken from President who decline to support the bill because they regard such legi la­ Harrison's annual message to Congress on the subject of United tion as unconstitutional; but to all others I say that I hope the States surpluses and bank holdings thereof without interest, vote will show a withdrawal of opposition. To the latter I sub­ which is to be found in the CONGRESSIONAL RECORD of Decem­ mit the plea of the West for fair treatment here. We have a ber 4, 1889. which I will send to the desk and ask to have read. wondrous region, destined to support a mighty population. To The Clerk read as follows: bring it quickly to tile favor of the world we embrace the op­ The existence of so large an actual and anticipated surplus should have the portunity afforded by the Lewls and Clark centenary. Let the immediate attention of Congress, with a. view to reducing the receipts of the vote indicate a general gladness for the coming of a time when Treasury to the needs of the Government as closely as may be. The collec­ tion of moneys not needed for public uses imposes an unnecessary burden friendliness toward the Pacific slope may be directly shown. upon our peoplei and the presence of so large a Slll1>lus in the public vaults [Applause.] · is a disturbing e ement in the conduct of private bnsmess. It has called into Mr. TAWNEY. :Mr. Speaker, some gentlemen seem to have use expedients for putting it into circulation of very questionable propriety. We should not collect}'evenue for the purpose of anticipating our bonds, be­ the impression that the amendment to the Senate bill contemplates yond the requirements of the sinking fund, but any unappropriated snrplus voting direct aid to this exposition. It does nothing of the kind. m the Treasury should be so used, as there is no othel' lawful way of return­ It simply authorizes, as I have repeatedly said, a Government ing the money to circulation, and the profit realized by the Government offers a substantial advantage. exhibit. I believe it is the duty of the Government of the United The loaning of public funds to the banks without interest, upon the se­ States to aid expositions of this character by making an exhibit curity of Government bonds, I regard as an unauthorized and dangerous expe­ of those things which will illustrate the function and administra­ dient. It results in a temporary and unnatural increase of the banking capi­ tal of favored localities, and compels a cautions and gradual recall of the tive facilities of the Gotrernment in times of peace and its re­ deposits to avoid injury to the commercial interests. It is not to be expected sources as a war power. I know that at the Buffalo exposition tbB.t the banks havin~ these deposits will sell their bonds to the Treasury so many men who had served in this House have said tome that they long as the present highly beneficial a.rrnngement is continued. They now practically get interest both upon the bonds and their proceeds. No further saw more of the workings of the Government in that Government use should tie made of this method of getting the surplus into circulation, exhibit than they had ever witnessed here in the city of Washing­ and the deposits now outstanding should be gradually withdrawn and ap­ ton while serving as Members of Congress. If this is true of plied to the purchase of bonds. It is fortunate that such a use can be made of the existing surplus, and for some time to come of any casual surplus that Members of Congress, how much more is it to the advantage of may exist after Congress has taken the necessary steps for a reduction of the our people who never have an opportunity to come to Washing­ revenue. Such legislation should be promptly, but very considerately, en­ ton if they are given an opportunity to see such articles and things acted. as illustrate the administrative features and power of the Gov­ Mr. ROBINSON of Indiana. Mr. Speaker, thisshowsamethod ernment? A Government exhibit is all that is contemplated of relieving the surplus in the Treasury by these extravagant ap­ here, and the expense incident to that exhibit as here proposed is propriations made in the line of expositions. Why not give this less than it was even at Buffalo- 450,000. money to county fairs or State fairs? Why not make appropria­ Now, Mr. Speaker, I call for the previous question on the tions out of the United States Treasury for everything every­ amendment and on the bill to its final passage. · , where? This leads to that logical conclusion. The previous question was ordered. Mr. MANN. Mr. Speaker, I would ask the gentleman whether The question being taKen, the amendment was agreed to. he will be in favor of the exposition at Jamestown? Mr. TAWNEY. There is an amendment substituting a new M.r. ROBINSON of Indiana. No; I am opposed to the exposi­ preamble for that which comes to us in -the Senate bill. tion at Jamestown and have repeatedly so stated, and am opposed The SPEAKER. The question on amending the preamb14l 4504 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

comes up after the third reading. The question is now on order­ The amendments recommended by the committee were read, as ing the bill to be engrossed and read the third time. follows: The bill as amended was ordered to be engrossed and read the In line 6, before the word "second.," insert the word "late."• third time; and it was accordingly read the third time. In line 7 strike out the words "late of." The SPEAKER. Without objection, the amendment to the The amendments were agreed to. preamble will be agreed to. The Chair hears no objection. The bill as amended was ordered to be engrossed for a third The question then being on the passage of the bill, it was passed. reading; and it was accordingly read the third time, and passed. The SPEAKER. Without objection, the amendment to the title, as proposed by the House committee, will be agreed to. HENRY E. W. CAMPBELL. There was no objection. The next business was the bill (H. R. 12666) granting an in­ On motion of Mr. TAWNEY, a motion to reconsider the vote by crease of pension to Henry E. W. Campbell. which the bill was passed was laid on the table. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, PENSIO:N BUSINESS, authorized and directed to place on the pension roll, subject to the provisions and limitations of the- :pension laws, the name of Henry E. W. Campbell, late Mr. SULLOWA Y. Mr. Speaker, pension bills on the Calendar of Company D, Twentieth Regiment.. and Company H, One hundred and fif­ are in order to-day under the rules. I ask unanimous consent tieth Regiment, Indiana Volunteer lnfantry, and pay him a pension at the that they be considered in the House as in the Committee of the rate of $60 per month in lieu of that he is now receiving. Whole. The amendments recommended by the committee were read, as The SPEAKER. Is there objection to considering private pen­ follows: sion bills in the House as in the Committee of the Whole? The In line 6 strike out the words "of Company D, Twentieth." In line 7 strike out the words "Regiment and" and insert in lieu thereof Chair hears none, and it is so ordered. the word "captain." TheHouseaccordinglyproceeded (Mr. GARDNER of New Jersey In line 9 strike out the word "sixty'' and insert in lieu thereof the word in the chair) to the consideration of private pension bills. "thirty." The amendments were agreed to. EBEN FUJ;.LER. The bill as amended was ordered to be engrossed for a third The first business was the bill (H. R. 3829) to increase the pen­ reading; and it was accordingly read the third time, and passed, sion of Eben Fuller. The bill was read, as follows: DANIEL M. GRAVES, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next pension business was the bill (H. R. 14510) granting authorized and directed to place on the pension roll, subject to the provisions an increase of pension to Daniel M. Graves. a.nd limitations of the pension laws, the name of Eben Fuller, late of the Fifth The bill was read, as follows: In~ ~p endent Battery Ohio Light Artillery, and pay him a. pension at the rate Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, of $50 per month in lieu of that he is now receivmg. authorized and directed to place on the pension roll. subject to the provisions The amendments recommended by the committee were read, as and limitations of the pension laws, the name of Daniel M. Graves, late of Company KhTwelfth Regiment Indiana Volunteer Cavalry, and pay him a follows: pension at t e rate of $30 per month in lieu of that he is now receiving. In line 6, after the word "Ohio," insert the word "Volunteer." In line 7 strike out the word "fifty" and insert in lieu thereof the word The amendment recommended by the committee was read. as "thirty." follows: ' Amend the title so as to read: "A bill granting an increase of pension to In line 6, before the word "Company," strike out the word "of " and in· Eben Fuller. " Eert in lieu thereof the word "captain." The amendments were agreed to. The amendment was agreed to. The bill as amended was ordered to .be engrossed for a third The bill as amended was ordered to be engrossed for a third reading; and it was accordingly read the third time, and passed. reading; and being engrossed, it was accordingly read the third LUTHER F, PALMER. time, and passed. CHARLES H. LAKEY, The next business was the bill (H. R. 6697) granting an increase The next pension business was' the bill (H. R. 12966) granting of pension to Luther F. Palmer. an increase of pension to Charles H. Lakey. The bill was read, as follows: The bill was read, as follows: Be it enacted, e.tc., That the Secretary of t~e Interior }?e, and he is he!E}bY, / Be it enacted, etc., Tha.t the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subJecttotheproVlSIOns authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Luther F. Palmer, late of and limitations of the pension la.ws ...!Jle na.me of Charles H. Lakey, late of Company F Twentieth Regiment Maine Volunteer Infantry, and :pay him a Company A, Seventy-fifth R~Jpment ~ewYork Volunteer Infantry, and pay pension at the rate of $50 per month in lieu of that he is now receivmg. him a pension at the rate of $00 per month in lieu of that he is now receivmg, The amendment recommended by the committee was read, as The bill was ordered to be engrossed for a third reading; and be­ follows: ing engrossed, it was accordingly read the third time, and passedl In line 8 strike out the word "fifty" and insert in lieu thereof the word HENRY FORD, "thirty-six." The amendment was agreed to. The next pension business was the bill (H. R. 12526) granting The bill as amended was order to be engrossed for a third read­ an increase of pension to Henry Ford. ing; and it was accordingly read the third time, and passed. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby ISABELLA :M'DOWELL. authorized and directed to place on the pension roll, subject to the provisionS and limitations of the pension laws, the name of Henry Ford late private The next business was the bill (H. R. 13728) granting a pension Company E, Eighty-eighth Regiment Pennsylvania Volunteer Infantry and to Isabella McDowell. · pay him a pension at the rate of $U per month in lieu of that he is now re­ The bill was read, as follows: cei.-ing. Be it enacted, etc., That the Secretary of ~he Interior .be, and he is he!~Y . The amendments recommended by the committee were re~d, as authorized and directed to place on the pension roll, subJect to the pr~VISi ons follows: and limitations of the pension laws, the name of ~bella. McDowell, ~dow of In line 6 strike out the word "private" and insert in lieu thereof the James McDowell, late of Company A, Sec~md Regiment Pennsylvama Volun­ word " of." . teer Heavy Artillery, and pay her a pension at the rate of Sl2 per month. In line 8 strike out the word 11 twenty-foul'" and insert in lieu thereof tha The amendments recommended by the committee were read, as word " twenty." - follows: The amendments were agreed to. . In !¥te 6 after the word "late," strike out the word" of." The bill as amended was ordered to be engrossed for a third In line 7'strike out the words ''Company A" and insert in lieu thereof the reading; and being engrossed, it was accordingly read the third word " unassigned." time, and passed. - 'lhe amendments were agreed to._ BYRON BOWERS. The bill as amended was ordered to be engrossed for a third The next pension business was the bill (H. R. 14278) granting reading; and it was accordingly read the third time, and passed. an increase of pension to Byron Bowers. ELLA C. BAKER. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next business was the bill (H. R. 4583) granting a pension authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of B_yron Bowers late of Com· to Ella C. Baker. pany A, One hundred and eighteenth Regiment Ohio Volunteerfufa.ntry, and The bill was read, as follows: pay him a pension at the rate of $40 per month in lieu of that he is now re­ Be it enacted, etc., That the Secretary of t~e Interior l?e, and he is he~by, ceiving. authorized and directed to place on the pension roll. subJect to the proVlSlons The amendments recommended by the committee were read, as and limitations of the pension laws, the name of Ella C. ~ker! widow o_f Scotto B. N. Baker, second lieutenant, late of Company A, F!fty-eighth Regi­ follows: ment Massachusetts Volunteer Infantry, and pay her a pension at the rate of In line 6, before the word "Company," strike out the word 11 of" and insert $8 per month. in lieu thereof the words "second lieutenant." 1904. CONGRESSIONAL RECORD-HOUSE. 4505.

In line 8 strike out the word "forty" and insert in lien thereof the word The amendment recommended by the committee was read, as "twenty-four." follows: The amendments were agreed.to. . Strike out all after the enacting clause and insert in lien thereof the follow­ The bill as amended was ordered to be engrossed for a third read­ ing: •• That the Secretary of the Interior be, and he is hereby. authorized and ing; and being engrossed, it was accordingly read the third time, directed to place on the pension roll, subject to the proVlBions and limita­ and passed. tions of the pension laws, the name of ClarlSSa Wolcott, dependent mother of Addison Wolcott, late of Company G, Eighty-sixth Regiment Ohio Volunteer ELI PREBBLE. Infantry, and pay her a pension at the rate of $12 per month." The next pension business was the bill (H. R. 14491) granting an The amendment was agreed to. increase of pension to Eli Prebble. The bill as amended wa-s ordered to be engrossed for a third The bill was read, as follows: reading; and being engrossed, it was accordingly read the third ­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, time, and passed. authorized and directed to place on the pension roll, subject to the provisions JOSEPH V ACTOR, and limitations of the pension laws, tlie name of Eli Prebble, late of Com­ pany F, Thirtieth Regiment Wisconsin Volunteer Infantry, and pay him a The next pension business was the bill (H. R. 784) granting an pension at the rate of $40 per month in lien of that he is now receiving. increase of pension to Joseph Vactor. . The amendment recommended by the committee was read, as The bill was read, as follows: follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to ylace on the pension roll, subject to the provisions In line 8 strike out the word "forty" and _insert in lien thereof the word and limitations of the penBlon laws, the name of Joseph Vactor, late of Com­ "twenty-four." pany K, Forty-fifth Regiment United States Colored Infantry, and pay him The amendment was agreed to. a pension at the rate of $72 per month in lien of that he is now receiving. The bill as amended was ordered to be engrossed for a third The amendments recommended by the commit1;ee were read, as reading; and being engrossed, it was accordingly read the third follows: time, and passed. In line 7, before the word "Infantry," insert the word "Volunteer." HENRY CLAY HALL, In line 8 strike out the word "seventy-two" and insert in lieu thereof the word "thirty." The next pension business was the bill (H. R. 13543) granting The amendments were agreed to. an increase of pension to H. Clay Hall. The bill as amended was ordered to be engrossed for a third read­ The bill was read, as follows: ing; and being engrosse

and limitations of the pension laws, the name of William H. Slough, late of and limitations of the pension laws, the name of William Hall, late of Com­ Company G, Fourteenth Ohio Volunteer Infantry, and pay him a pension at pany A, Forty-seventh Regiment Pennsylvania. Volunteer Infantry, and pay the rate of $24 per month. him a pension at the rate of 00 per month in lieu of that he is now receivmg. The amendments recommended by the committee were read, as The bill was ordered to be engrossed for a third reading; and be­ follows: ing engrossed, it was accordingly read the third time, and passed. In line 6, before the word "Ohio," insert the word "Re~iment." FLORENCE J. WINTERS. In line 8 strike out the word' twenty-four" and insert m lieu thereof the word "twelve. n The next pension business was the bill (H. R.12011) granting a The amendments were agreed to. pension to Florence J. Winters. The bill as amended was ordered to be engrossed for a third The bill was.read, as follows: reading; and being engrossed, it was accordingly read the third Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions time, and passed. and limitations of the pension laws the name of Florence J. Winters, widow MARY A. DISBROW. of George W. Van Sickle, late of Company G, Fourth ..Regiment Michigan The next pension business was the bill (H. R. 3805) granting an Cavalry, and pay her a pension at the rate of $1.2 per month. increase of pension to Mary A. Dishon. The amendments recommended by the committee were read, as The bill was read, as follows: follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, In line 6, before the word "widow," insert the word "former." authorized and directed to place on the pension roll, subject to the provisions In line 7, before the word " Cavalry," insert the word "Volunteer." and limitations of the pension laws. the name o:f Mary A. Dishon, widow o:f T.he amendments were agreed to. Horatio S. Dishon, late of Com]l8Ily B, Twenty-eighth ~g!ment New Jersey Volunteer Infantry,and pay her a pension at the rate of $15 per month in lieu The bill as amended was ordered to be engrossed for a third of that she is now receivmg. reading; and being engrossed., it was accordingly read the third The amendments recommended by the committee were read, as time, and passed. follows: W1LLIA.l[ F. M'IDLLAN. In line 6, before the word u-widow," strike out the word "Dishon" and in­ The next pension business was the bill (H. R. 14409) granting sert in lieu thereof the word 11 Disbrow." an increase of pension to William F. McMillan, In same line, before the word "late," strike out the word "Dishon" and insert in lien thereof the word 11 Disbrow." · The bill was read, as follows: In same line, after the word "late, n strike out the word "of" and insert Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, in lien thereof the word "captain." authorized and directed to J?lace on the pension roll, subject to thy>Jfa~ons In line 8 strike out the worn "fifteen" and insert in lien thereof the word and limitations of the j)eDSlon laws, the name of Wi.ll.it:i.m F. Me , late "twelve." of Company A, Third Re!timent Wisconsin Volunteer Infantry, and pay him The amendments were agreed to. a pension at the rate o:f SOO per month in lieu of that he is now receivmg. The bill as amended was ordered to be engrossed for a third The amendments. recommended by the committee were read, as reading; and being engros ed, it was accordingly read the third follows: time, and passed. In line 1 strike out the word "Infantry" and inser.t in lieu thereof the word "Cavairx." The title was amended so as to read: "A bill granting an in- In line 8 strike out the word "thirty" and insert in lien thereof the word C1'ease of pen.sion to Mary A~ Disbrow." "twenty-four." JAMES A. LOWE. The amendments were agreed to. The next pension business was the bill (H. ~. 12105) granting , ~e bill as a~ended was or~ered to be el}grossed for a th.!rd an increase of pension to James A. Lowe. r~ading; and bemg engrossed, It was accordingly read the third The bill was read, as follows: time, and pa-ssed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, JENNIE L. CARDWELL. authorized and directed to :place on the pension roll, subject to the provisions The next 'pension business was the bill (H. R. 14286) granting and limitations of the pens1on laws, the name of James A. Lowe, lateofCom­ pany D, Fifth Regiment Kansas Volunteer Infantry, and pay him a pension an increase of pension to Jennie T. Cardwell, at the rate of $24 per month in lien of that he is now receiving. The bill was read, as follows: The amendment recommended by the committee was read, as Be it enacted, etc., That the Secretary of the Interior be, and he is hereby authorized and directed to :place on the pension roll, subject to the provisio~ follows: and limitations of the_pens1on laws, the name of Jennie T. Cardwell, widow In line 7 strike out the word "Infantry n and insert in lieu thereof the of Maj. I. N. Cardwell, Seventh Regiment Kentucky Volunteer Infantry word " Cavalry." and .P!!-Y her a pension at the rate of $30 per month in lien o:f that she is now The amendment was agreed to. recmvmg. The bill as amended was ordered to be engrossed for a third read­ The amendments recommended by the committee were read as ing; and being engrossed, it was accordingly read the third time, ~~= ' In line 6 strike out the letter" T." and insert in lieu thereof the letter u L " and passed. . In same line strike out the word "Major." · SAMUEL HENDRICKSON, In the same line strike out the letter "I." and insert in lien thereof the The next pension business was the bill (H. R. 6610) granting an word "Isaac." [ncrease of pension to Samuel Hendrickson. In the same line, after the word " Card well," insert the wOrds "late major " In line 8 Strike OUt the WOrd II thirty" and insert in lieU thereof the WOrd The bill was read, as follows: "thirty-five." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendments were agreed to. authorized and directed to place on the pension roll, subject to the provisions and limitations of the pens1on laws, the name of Samuel Hendrickson, late of The bill as amended was ordered to be engrossed for a third Company D, Seventy-ninth Regiment Pennsylva;ria :Volunteer Infa:ntry, and reading; and being engrossed, it was accordingly read the third pay him a. pension at the rate of $30 per month m lien of that he lS now re­ time, and pa-ssed. ceiving. The title was amended so as to read: "A bill granting an in­ The bill was ordered to be engrossed for a third reading; and be­ crease of pension to Jennie L. Cardwell." ing engrossed, it was accordingly read the third time, and passed. · JOHN W. THO:MAS. ISAAC W. ACKER. Th~ next pension business was the bill (H. R. 13936) granting The next pension busines was the bill (H. R. 12276) granting an increase of pension to John W. Thomas. an increase of pension to Isaac W. Acker. The bill was read, as follows: The bill wa read, as follows: Be i~ enacted, ~tc., That the Secretary of ~e Interior be, and he is hereby, Be it enacted, etc. That the Secretary of the Interior be, and he is hereby, -authoriZed and directed to pbce on the peDBlon 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 John W. Thomas late of and limita.tionsofthepe11Slon laws, the name of Isaac W. Acker, late of Com­ Company E, Thirty-sixth Regiment Indiana Volunteer Infantry, and pay him pany E Twenty-first Regiment Wisconsin Volunteer Infantry, and pay him a pension at the rate of $ID per month in lieu of that he is now receivmg. a. pension at the rate of $00 pe1· month in lien of that he is now receiving. The amendment recommended by the committee was read, a.13 The amendment recommended by the committee was read, as follows: follows: In line 8 strike out the word "thirty" a.nd insert in lieu thereof the word In line 8 strike out the word "thirty" and insert in lieu thereof the word "seventeen." ''twenty-four." The amendment was agreed to. The amendment was agreed to. The bill as amended was ordered to be engrossed for a third The bill ~as amended was ordered to be engrossed for a third reading: and being engrossed, it was accordingly read the third reading; and being engrossed, it was accordingly read the third time, and passed. time, and passed. HARRIET S. GILBERT. WILLIAM HALL, The next pension business was the bill (H. R. 13405) granting Th'-' next pension business was the bill (H. R. 11843) granting an an increase of pension to Harriet 8. Gilbert. increase of pension to William Hall, The bill was read, as follows: The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Be it enacted, etc., 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 Harriet S. Gilbert, widow ot 1904. OONGRESSION.A:L REOORD- HOUSE. 4507

Portens C. Gilbert, late of Companr F, Fiftieth Regiment New York Volun­ The bill was read, as follows: in teer Engineers, and pay her a penston a.t the rate of t20 per month lien of Be it enacted, etc., That the Secretary of the Interiol' be, and he is hereby, that she is now receiving. . authorized and directed to place on the pension roll, subject to the provisions The amendment recommended by the committee was- read, as and limitations of the penswn laws, the n.a.me of Margaret Dilley, widow of James Dilley, late of CompanyH, Thirty-second Regiment Wisconsin Volun­ follows: teer Infantry, and pa-y her a pension at the rate of $24 per month in·lieu of In line 6, after the word "late," strike out the word 11 of" and insert in lieu that she is now receivmg. thereof the word "captain." The amendments recommended by the committee were read, as The amendment was agreed to. · follows: .. The bill as amend-ed was ordered to be engrossed for a third read­ In line 6 after the word .. James,, :illsert the I tter H D. n - ing; and being engrossed, it was accordingly read the third time, In line8'strike out the word "twenty-four" and insert in lieu thereof the and pa-ssed. word "twelve." MARY E. VANZANT. The amendments were agreed to. The next pension business was the bill (H. R. 14397) granting The bill as amended was ordered to be engrossed for a third a pension to Elizabeth Vanzant. reading; and being engrossed, it was accordingly read the third The bill was read, as follows: time, and passed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, FRANCES E. GRISSON. authorized and directed to place on the pension roll, subject to the provisions The next pension business was the bill (H. R. 8_961) granting a and limitations of the pension la.ws, th~ name of Elizabeth Vanzant, widow of John Vanzant. late of ComPj:;la.~ One hundred a.nd ninety-eighth Regi­ pension to Frances E. Grisson. ment Pennsylvania Volnnree:r try, and pay her a. pension at the rate of The bill was read, as follows: $1.2 per month. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendments recommended by the committee were read, as authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Frances E. Grisson., widow follows: of Charles E. Grisson, late captain of the Twenty-sixth Regiment Michigan In line 6 strike out the word "Elizabeth" and insert in lieu thereof the Volunteer Infantry, and pay her a pension at the rate of $20 per month. words "l\Iary E." In line 9 strike out the word "twelve" and insert in lieu thereof the word The amendments recommended by the committee were read, as "eight." follows: In line 7 strike out the words "of the" and insert in lieu thereof the words The qmendments were agreed to. "Company E." _ The bill as amended was ordered to be engrossed for a third In line 8 strike out the word "twenty n a..nd insert in lien thereof the word reading; and being engrossed, it was accordingly read the third "tw'elve." time, and passed. The amendments were agreed to. The title was amended so as to read: "A bill granting a pension The bill as amended was ordered to be engrossed for a third to Mary E. Vanzant.'' reading; and being engrossed, it was accordingly read the third JOHN S. WHITMORE. time, and passed. The next pension business was the bill (H. R. 13071) granting CLAUDIUS TIFFT. an increase of pension to JohnS~ Whitmore. The next pension business was the bill (H. R. 1003) granting an The bill wM read, as follows: increase of pension to Clandius Tifft. - Be it e-nacted, ek, That the Secretary of the Interior be, and he is hereby, The bill was read, as follows: authorized and directed to place on the pension roll, subject to the provisions Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, , and limitations of the pension laws, the name of JohnS. Whitmore, late of authorized and directed to :place on the pension roll, subject to the provisions Company E, One hun~ed and seventy-seventh Regiment New York Volun­ and limitations of the =on law~ the name of Claudius Tifft, late of Com- teer Infantry, and pay him a pension at the rate of $00 per month in lien of pany H, Twenty-third · ent Kentucky Volunteer Infantry, and pay him that he is now receiving. a pension at the rate of per month in lieu of that he is now receiving.. The bill was ordered to be engrossed for a third reading; and The amendments recommended by the committee were rea-d, as being engrossed, it was accordingly read the third time, and follows: passed. In line 6, before the word "Company,'' strike out the word uof" and in­ JOHN SMITH. sm:t in lieu thereof the word "captain." In line 8, strike out the word "fifty" and insert in lieu thereof the word The next pension business was the bill (H. R. 12174) granting "thirty." an increase of pension to John Smith. The amendments were agreed to. The bill was read, as follows: The bill as amended was ordered to be engrossed for a third Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, reading; and being engrossed, it was accordingly read the third authorized and directed to place on the pension roll. snbject to the provisions time, and passed. and limitations of the pension laws, the name of John Smith, late of Com­ pany E, Ninety-eightb Regiment Illinois Volunteer Infantry, and pay him a .AMALIA C. YOUNG, pensipn at the rate of $00 per month in lieu of that he is no:w receiving. The next pension business was the bill (H. R. 186) granting a The amendment recommended by the committee was read, as pension to Amalia C. Young. follows: . The bill was read, as follows: In line 8 strike out the word "thirty" and insert in lieu thereof the word Be i t enacted, etc., That the Secretary of the Interior be and he is hereby "twenty-four." authorized and directed to p~ on the pensionA~~f-at the rate of $00 pe; The amendment was agreed to. month from the passage of this act, the name of 18. C. Young widow of Peter F. Young, lil.teacapta.inof Companies A and C, Onehundreda.ndseventh The bill as amended was ordered to be engrossed for a third Ohio Volunteer Infantry. reading; and being engrossed, it was accordingly read the third The amendments recommended by the committee were read time, and passed. as follows: ' HESTER E. BLOOR. S~ike out all after the enacting elause and insert in lieu thereof the fol­ The next pension business was the bill (H. R. 9496) granting a lowmg: pension to Hester Ellen Bloor. . "Tha t the Secreta.ry of the. Interior bet and he is herebf, authorized and d;irected to~ on the perunon roll, SUbJec_t to the proVISions and limita­ The bill was read, as follows: tions of the pensto~ laws, the name of Amalia C. Young, widow of Peter F. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Young, late captain Company G, One hundred and seventh Regiment Ohio authorized and directed to place on the pension roll suhject to the provisions Volunteer Infantry, and pay hera pension at the rate of 16 per month in and limitations of the pension laws, the name of Hester Ellen Bloor, widow lieu of that she is now receiving." of Capt. William F. BlOOl', late of Company A, Twenty-fifth Regimffilt Ohio Al:D;·~md the title so as to read~ "A bill granting an increase of pension to Volunteer In!antry, and Company F, One .hundred and eighty-sixth Regi­ Amalia C. Young." ment Ohio Volunteer Infantry, and pay her a pension at the rate of $20 per The amendments were 3.oooreed to. month. The bill as amended was ordered to be engrossed for a third The amendment recommended by the committee was read, as reading; and being engrossed, it was accordingly read the third follows: time, and passed. Strike out all of lines 6, 7, 8, 9, and 10 and insert in lien thereof the follow­ ing: "of Hester E. Bloor\ widow of William F. Bloor, late captain Company PETER Bumf. F, One hundred and eignty-sixth Regiment Ohio Volunteer Infantry, and The next pension business was the bill (H. R.14354) granting a pay her aJ>ension at the rate of $16 per month in lieu of that she is now re­ ceiving." pension to Peter Bunn. The amendment was agreed to. The bill was 1-ead, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby The 1;!ill as amended was ordered to be engrossed for a third a.uth

The bill as amended was ordered to be engrossed for a third read­ and limita.tions of th~ pensi?n laws, the name of Henry C. Bobst, late of Com­ ing; and being engrossed, it was accordingly read the third time, pany G, First Battalion Uruted States Infantry, andpayhim a pension at the and passed. rate of $50 per month in-lieu of that he is now receivmg. URB.ANUS HUBBS. The amendments recommended by the committee were read as The next pension business was the bill (H. R. 13712) granting follows: · ' In line 6, before the word "United," insert the words "Nineteenth Regi­ an increase of pension to Urbanus Hubbs. ment." The bill was read, as follows: In line 7 strike out the word "fifty" and insert in lieu thereof the wore% Be i~ enacted, e_tc., That the Secretary of t?e Interior 1>e, and he is he.reby, "thirty." • authonzed and directed to place on the pension roll, subJect to the proVISions The amendments were agreed to. · a.nd limitations of the pension laws, the name of Urbanns Hubbs, late of Com- m.ny B, One hundred and forty-second Regiment Pennsylvania Volunteer The bill as amended was ordered to be engrossed for a third lnfantry, and J>B:Y him a pension at the rate of $50 per month in lieu of that reading; and being engrossed, it was accordingly read the third he is now receiving, time, and passed. The amendment recommended by the committee was read, as FREDERICK C• .ABEL. follows: The next pension business was the bill (H. R. 13744) granting In line 8 strike out the word "fifty" and insert in lieu thereof the word "twenty-four." an increase of pension to Frederick G. Abel, The amendment was agreed to. The bill was read, as follows: Be it enacted, etc., That the Secretary of the l;nterior be, and he is hereby The bill as amended was ordered to be engrossed for a third autho_ri~ed ~nd directed to J?!ace on the pension roll, subject to the provisio~ reading; and being engrossed, it was accordingly read the third and limitations of the pension laws, the name of Fredtrick C. Abel, late of time, and passed. Qompany E, Tenth Regiment Iowa Volunteer Infantry, and pay him a pen­ MATTIE GR.A.ZI.A.NI. Sion at the rate of $40 per month in lieu of that he is now receiving. The next pension business was the bill (H. R.11536) for there­ The amendment recommended by the committee was read, as lief of Effie B. Graziani. follows: In line 8 strike out the word "forty'' and insert in lieu thereof the word The bill was read, as follows: "twenty-four." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions The amendment was agreed to, and limitations of the pension laws, the name of Effie B. Graziani, daughter The bill as amended was ordered to be engrossed for a third of Lawrence L. Graziani, late private in Company A, Third United States Cavalry, and in Company F, One hundred and ninety-second Ohio Volunteer reading; and being engrossed, it was accordi.Jigly read the third Infantry, and pay her a pension at the rate of $24 per month. time, and passed. The amendments recommended by the committee were read, as • JAMES A. KEMPI follows: The next pension business was the bill (H. R. 9839) granting Strike out all of lines 6, 7, 8~ 9, and 10, and insert in lieu thereof the follow­ an increase of pension to J. A. Kemp. ing: "Of Mattie Graziani, wiaow of Lawrence L. Graziani, late of Company The bill was read, as follows: A, Third R~giment United States Cavalry, andfayher a pension at the rate of $24 per month: Provided, That in the event o the death of Effie B. Grazi­ Be it enacted, etc., That the Secretary of the Interior be, a~d he is hareby ani, helpless and dependent child of said Lawrence L. Graziani, the addi­ authorized and directed to place on the pension roll, subject to the provision~ tional pension herein granted shall cease and determine." and limitations of the pension law,!b the name of J. A. Kemp, late a lieutenant Amend the title so as to read: "A bill granting an increase of pension to of Company D, Fourth Regiment JS..entucky Volunteer Cavalry and J?ay him Mattie Graziani." . a pension at the rate of $40 per month in lieu of that he is now receivmg. The amendments were agreed to. The amendments recommended by the committee were read, as The bill as amended was ordered to be engrossed for a third follows: reading; and being engrossed, it wp.s accordingly read the third In line 6 strike out the letter "J." and insert in lieu thereof the word time, and pass~d. "James." In same line strike out the word "a." and insert in lieu thereof the word DAVID C. WELCH, "second." The next pension business was the bill (H. R. 13743) granting In same line, before the word "Company..," strike out the word "of." In line 8 strike out the word ''forty" ana insert in lieu thereof the word an increase of pension to David C. Welch. "twenty-four." The bill was read, as follows: Amend the title so as to read: "A bill granting an increase of pension to Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, James A. Kemp." authorized and directed to place on the pension roll, subject to the provisions The amendments were agreed to. and limitations of the pension laws, the name of David C. Welch, late of Company C, Second Regiment Massachusetts Volunteer Infantry, and pay The bill as amended was ordered to be engrossed for a third him a pension at the rate of $!0 per month in lieu of that ~e is now receivmg. reading; and being engrossed, it was accordingly read the third The amendment recommended by the committee was read, as time, and passed. W .A.LKER WILSON. follows: . . In line 8 strike out the word "forty" and insert in lieu thereof the word The next pension business was the bill (H. R. 4201) granting an "thirty-six." increase of pension to Walker Wilson. The amendment was agreed to. The bill was read, as follows: The bill as amended was ordered to be engrossed for a third Be it enacted, etc., That the Secretary of the Interior be, and he is hereby reading; and being engrossed, it was accordingly read the th4"d auth

D.A. VID KIMBALL. The amendment recommended by the committee was read, as The next pension business was the bill (H. R. 5600) granting a follows: - pension to David Kimball. In line 7, after the word "Artillery1 " insert the wordS "and Company E, The bill was read, as follows: First Regiment New York Mounted Ri1les." . Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendment was agreed to. authorized and directed to place on the pension roll, subject to the provisions The bill as amended was ordered to be engrossed for a third and limitations of the pens10n laws, the namil of David Kimball, late of Com­ reading; and being engrossed, it was accordingly read the third pany E, First Regiment Missouri Volunteer Engineers, and pay him a pen­ sion at the rate of $12 per month. time, and passed. ED{UR W. THORNTON. The amendment recommended by the committee was read, as The next pension business was the bill (H. R. 1480) granting an follows: increase of pension to Edgar W. Thornton. In line 7, after the word "Engineers," insert the words "of the West." The bill was read, as follows: The amendment was agreed to. Be it enacted, etc., That the Secretary of the Interior be and he is hereby, The bill as amended was ordered to be engrossed for a third authorized and directed to ylaceon the pension roll, subject to the provisions reading; and being engrossed, it was accordingly read the third and limitations of the pens10n laws, the name of Edgar W. Thornton, late of Company G, Eighty-eighth Regiment Indiana Volunteer Infantry, and pay time, and passed. him a pension at the rate of $00 per month in lieu of that he 'is now receivmg. JAMES .A.. PORTER. The amendment recommended by the committee was read, as The next pension business was the bill (H. R. 8709) granting an follows: increase of pension to James A. Porter. In line 8 strike out the word "thirty " and insert in lieu thereof the word The bill was read, as follows: "twenty-four." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendment was agreed to. authorized and directed to place on the pension roll, subject to the provi­ The bill as amended was ordered to be engrossed for a third sions and limitations of the _pension laws, the name of James A. Porter~ late reading; and being engrossed, it was accordingly read the third of Company D, Thirty-first Regiment Wisconsin Volunteer lnfantry,ana pay him a pens1on at the rate of $00 per month in lieu of that he is now receivmg. time, and passed. JESSE STINNETT. The bill was ordered to be engrossed for a third reading; and be­ ing engrossed, it was accordingly read the third time, and passed. The next pension business was the bill (H. R. 14179) granting an increase of pension to Jesse Stinnett. PRESCILL.A. C. DODD. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next pension business_ was the bill (H. R. 7245) granting an authorized and directed to place on the pension roll, subject to the provisions increase of pension to Priscilla C. Dodd. and limitations of the pension laws, the name of Jesse Stinnett, late of Com­ / The bill was read, as follows: pany E, One hundred and twenty-second Regiment illinois Volunteer Infan­ try, and :pa;v him a pension at the rate of $00 per month in lieu of that he is Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, now rece1vmg. authorized ancldirected to place on the pension roll, subject to the provisions and limitations of therpension laws, the name of Priscilla. C. Dodd. widow of The bill was ordered to be engrossed for a third reading; and Levi A. Dodd, late brigadier-general Two hundred and eleventh Pennsyl­ being engrossed, it was accordingly read the third time, and passed, vania Volunteer Infantry, a.nd pay hera.pensionatthe rate of$:;() per month in lieu of that she is now receivmg. SILOAM WILLIAMS. The amendments recommended by the committee were read, as The next pension business was the bill (S. 4842) granting an in• follows: crease of pension to Siloam Williams. In line 6 strike out the word "Priscilla" and insert in lieu thereof the word The bill was read, as follows; "Prescilla." · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, In lines 6 and 7 strike out the word "brigadier-general" and insert in lieu authorized and directed to place on the pension roll, subject to the provisiont thereof the word "colonel." - and limitations of th-e pension laws, tJ:I.e name of Siloam Willial',lls, late of Com· In line 7, before the word "Pennsylvania," insert the word" Regiment." pany C, Ninth Regiment Minnesota Volunteer Infantry, and-pay him a. pen• In line 8 strike out the word "fifty " and insert in lieu thereof the word sion at the rate of S24 per month in lieu of that he is now receiving. "thirty." Amend the title so as to read: "A bill granting an increase of pension to Mr. MILL.ER. Mr. Speaker, I desire to offer an amendment to Prescilla. C. Dodd." that bill increasing the pension from twenty-four to thirty dollars The amendments were agreed to. amoo~ . The bill as amended was ordered to be engrossed for a third The SPEAKER pro tempore. The Clerk will report the amend· reading; and being engrossed, it was accordingly read the third ment. time, and passed. · The Clerk read as follows: ALEXANDER S. HEMPSTEAD. Strike out "twenty-four," in line 8, and insert the word "thirty." The next pension business was the bill (H. R. 9687) granting an Mr. MILLER. I want to say, Mr. Speaker, in behalf of that increase of pension to Alexander S. Hempstead and giving him amendment that I simply call attention of the Honse to the re­ the rank of major from July 30, 1864. port of the committee, and will read from it, as follows: 'I'he bill was read, as follows: Evidence filed with this committee shows that claimant. is crippled and d~ for!lled and a physical yvreck f!om chronic rheumatis~ of long standing; that Be it enacted, etc., 'l'hat the Secretary of the Interior be, and he is hereby, he 18 unable to dress himself; 18 bedfast part of the time, and·should have an authorized and directed to place on the ;pension. roll, subject to the provisions a.~ndant at all tim~, and that h~ is utterly unable to perform manual J.a.bor. and limitations of the pension laws (giving him the rank of major from the I~ 1s shown that he 18 poor and Without means of support other than his pen­ 30th day of July, 1864) , the name of Alexander S. Hem])Stead, late of Company sion. F, Twenty - seventh~giment United States Colored Volunteer Infa.ntry,and pay him a pension at the rate of $25 per month in lieu of that he is now re- I can say of my own personal knowledge that he is now bedfast ceiving. · all of the time, and I ask that that amendment be adopted. The amendments recommended by the committee were read, as Mr. GIBSON. Mr. Speaker, in order that this case may not follows: be considered as a precedent, I will state that if this bill had been Strike out all after the enacting clause and insert in lieu thereof the fol­ originally reported by the House Committee on Invalid Pensions, lowing: it would have been reported at $30 instead of $24. We allow $30 "That the Secretary of the Interior be, and is hereby, authorized and di­ in cases of this sort; but as it came from the Senate, the House rected to place on the pension roll, subject to the provisions and limitations of the p&nsion laws, the name of Alexander S. Hempstea.d,-late captain Com­ committee passed it at the Senate rates. It is meritorious and 1 pany F, Twenty-seventh Regiment United States Colored Volunteer Infantry, think the amendment of the gentleman from Kansas ought to be and pay him a. pension at the rate of $25_per month in lieu of that he is now allowed. · r ecruving." - Amend the title so as to read: "A bill granting an increase of pension to The SPEAKER pro tempore: The question is on the amend­ Alexander S. Hempstead." ment. The amendments were agreed to. The amendment was adopted. The bill as a1;11ended was ordered to be engrossed for a third read­ The bill as amended was ordered to a t:Qlrd reading, read the ing; and being engrossed, it was accordingly read the third time, third time,_and passed. and passed. CYNTHIA SPEAKS. WILLIAM H. BROADWELL. The next business was the bill (S. 3986) granting a pension to The next pension business was the bill (H. R. 8219) granting an Cyii hia Speaks. · increase of pension to William H. Broadwell. . The bill was read, as follows: . Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The bill was read, as follows: authorized and directed to place on the pension roll, subject to the provisions Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, and limitations of the pens10n laws, the name of Cynthia Speaks, widow of authorized and directed to :place on the pension roll, subject to the provisions George Speaks, late of Company F, Fifth Regiment United Stateg Colored and limitations of the pens1on laws, the name of William H. Broadwell, late Volunteer Cavalry, and pay her a pension at the rate of $8 per month. of Company A, Sixteenth Regiment New York Volunteer Heavy Artillery, and pay him a pension at the rate of $30 per month in lieu of that he is now The bill was ordered to a third reading; and it was accordingly 1·eceiving. read the third time, and passed, · 4510 CONGRESSIONAL RECORD-HOUSE. APRIL 8, I

LEROY R. HA.WTRORN, .and limitations of the pension laWS. the nn.me of James H. Whaley, late of Company G, First Regiment Minnesota. Volunteer Heavy Artillery, and pay The next business was the bill (S. 1478) granting an increase of him a ~nsion at the .ra. te of ~ per month in lieu of that he is now reoe1V1ng. pension to Leroy R. Hawthorn. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and passed. Be it enacted, ~tc. • That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions CHA:B.LES 0. FARGO, and limitations of the pension laws, the ruane of Leroy R. Hawthorn, late captain and commissary of subsistence, United States Volunteers, and pay The next bnsiness was the bill (S. 3080) granting an increase of him a pension at the rate of $00 per month in lieu of that he is nowreceiVlng. pension to Charles 0. Fargo. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and passed. · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the pro-vi­ OSMER S. DEMING, sions and limitations of the pension laws the name of Charles 0. Fargo, late of Company H, Tenth Regiment Maine Volunteer Infantry,and Company F, The next business was the bill (S. 3867) granting an increase of Third Regiment Massachusetts Volunteer Heavy Artillery, and pay htin. a pension to Osmer S. Deming. pension at the rate of $20 per month in lieu of that he is now receiving. The bill was read, as follows: The bill was ordered to a third reading; and it was acCordingly · Be it enacted, eto., That the Secretary of the Interior oo, and he is hereby, read the third time, and passed. authorized and directed to place on the pension roll, subject to the provisions and limitations of the pens10n laws, the name of Osmer S. Demin~, late gun­ JOHN :M'OABE. ner's mate, United States steamships Gra~pus and Victory, Umted States Navy, a-n!l pay him a pension at the rate of $24 per month in lieu of that he is The next pension business was the bill {S. 1989) granting an in­ now rece1V1ng. crease of pension to John McCabe. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and passed. Be it enacted; etc., That the Secretary of the Interior be, a.nd he is hereby, authorized and directed to place on the pension roll. imb:lect to the provisions SAM~ D. REYNOLDS, and limitations of the peilSlon laws, the name of John 1\lcCa.be, late of Com­ The next business was the bill (S. 3198) granting an increase of pany G, Sixty-ftrst Regiment Massachusetts Volunteer Infantry, and pay pension to Samuel D. Reynolds. - him a. pension at th~ rate of $00 per month in lieu of that he is now receivmg, The bill was read, as follows: The bill was ordered to a third reading; and it was accordingly read the third time, and passed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby1 authorized and directed to :place on the pension roll, subject to the provisions DA. VID INOIIFS. and limitations of the penSlon laws, the name of Samuel D. Reynolds, late of Company B. Third Regiment Minn.esota Volunteer Infantl'y, and pay him a The next pension business was the bill (S. 2252) granting an in­ penSion at the rate of $20 per month in lien of that he is now receiving. cre~se of pension to David Inches. The bill was ordered to a third reading; a.nd it was accordingly The bill was read, as follows: read the third time, and passed. Be it enacted, etc., That the Secretary of the Interior be, n.nd he is hereby, authorized and directed to J>la.ce on the pension roll, subject to the provisions LA ROY B. OHUROH. and limitations of the pellS1on laws, the name of David lnehes, late of Com­ The next business was the bill (S. 264Ii) granting an increase of pany C, Forty-fourth Regiment Iowa Volunteer Infantry, and ~Y him a pen­ pension to La Roy B. Church. sion at the rate of $30 per month in lieu of that he is now receiving, The bill was read, as follows: · The bill was ordered to a third reading; and it was accordingly Be it enacted, etc., That the Secretary of the lntel'ior be, and he is hereby, read the third time, and passed. authorized and directed to place on the pension roll, subject to the pro'Visions and limitations of the pension laws, the name of La Roy B. Church, late of .AARON M. MASON. Company H, Seventeenth Regiment Indiana Volunteer Infantry, and pay The next pension business was the bill (S. 4487) granting an in­ him a pension at the rate of $17 per month in lieu of that he is now receiving. crease of pension to Aaron :M:. Mason. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and passed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, .ALF'll.ED KENT. authorized and directed to place on the pension roll, subject to the provisions e.nd limitations of the pension law~ the name of A.a.ronM. Mason, late of First The next business was the bill (S. 208) granting an increase of Independent Battery, New York Volunteer Light Artille_ry, and pay him a pension to Alfred Kent. pensiOn at the rate of $24 per month in lieu of that he is now receiving. The bill was read, as folloWS! The bill·was ordered to a third reading; and it was accordingly Be it enacted, etc., That the Secretary of the Interior bG, and he is hereby, read tke third time, and passedr authorized and directed to place on the pension roll, .subject to the provisions and limitations of the___1>ension laws, the name of .A.lfred Kent, late second ELIAS L. FIDLER, lieutenant. Company H, and first lieutenant and regimental commissary, · The next pension business wa.S the bill (S. 2030) granting an in­ Third ~~giment MiChigan Volunteer Cavalry, and pay him a pension at the rate of $ID per month in lieu of that he is now receiving. crease of pension to Elias L. Fidler. · The bill was ordered to a third reading; and it was accordhigly The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, read the third time, and passed. authorized and directed to ;place on the pension roll, subject to the provisions AM.A..NDA. L. MARDIN. and limitations of the penSlon laws, the name of Elias L. Fidler, late o! Com­ pany K, Thirty-sixth Regiment Wiscoll.ilin Volunteer Infantry, and pay him The next business was the bill (S. 725) granting an increase of a pension at the rate of SUper month in lieu of that he is now receiVlng. pension to Amanda L. Mardin. The bill was ~rdered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and pa-ssed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to .Place on the pension roll, subject to the provisions THOMAS H. DEVINE, and limitations of th~ penSlon laws, the name of Ama.nda L. Mardin widow of Riley H. Mardin, late of CompanyB, FourthRegimentVermontVoi.unteer The next pension business was the bill (S. 4670) granting an in­ Infantry and second lieutenant Company A. One hundred and twenty­ crease of pension to Thomas H. Devine. seventh :R.egiment United States Colored Volunteer Infantry, and pay her a The bill was read, as follows: pension at the rate of $12 per month in lieu of.th.a.t she is now receiving. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby. The bill was ordered to a tl!ird reading; and it was accordingly authorized and directed to place on the pension r<>ll, subject to the provisions and limitations of the pension laws, the name of Thomas H. Devine, late of read the third time, and passed. Company C, First Reg:ilnent Minnesota Volunteer Heavy Artillery, and pay JASPER ROBINSON. him a pension at the rate o:f $24 per month in lieu of that he is now receivitlg. The next business was the bill (S. 1570) granting an increase of The bill was ordered to a third reading; and it was accordingly pension to Jasper Robinson. read the third time, and passed. • The bill was read, as follows: BUCKLIN H. WOOD, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension ron, subject to the provisions The next pension business was the bill (S. 3490) granting an in­ and limitations of the pension laws, the name of Jasper Robinson, late of crease of pension to Bucklin H. Wood. Company A. Denver City Home Guards, Colorado Volunteer Infantry, and The bill was read, as follows: pay him a pension at the rate of $20 per month in lieu of that he is now re­ ceiving. Be it enacted, etc., That the Secretary of tho Interior be, and he is hereby, authorized and directed to plac~ on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordihgly and limitations of the pension laws, the name of Bucklin H. Wood, late of Company A, First Regiment Dakota Volunteer Cavalry, and pa;y him o. pen­ read the third time, and passed. sion a.t the rate of $24 per month in lieu of that he is now rece1ving. JAMES H. WHAL.EY. The bill was ordered to a third reading; and it was accordingly The next business was the bill (S. 4192) granting an increase of read th~ third time, and passed. · pension to James H. Whaley. The bill was read, as follows: PATRICK FLEMING. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next pension'business was the bill (S. 3956) granting an authorized and directed to place on the pension roll, subject to the provisions increase of pension to Patrick Fleming. 1904. CONGRESSIONAL RECORD-HOUSE. 4511

The bill was read, as follows: ANGELINE P. ROOT. Be it enacted, etc., That the Secretary of the Interior be, and he is !J.ereby, The next pension business was the bill (S. 4815) granting an authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Patrick Fleming, late of increase of pension to Angeline P. Root. United States steamship_Great Western . United States Navy, and J?&Y him The bill was read as follows: a pension at the rate of $2{ per month in lieu of that he is now receivmg. Be it enacted, etc., That the Secretary of the In.ierior be, and he is hereby, The bill was ordered to a third reading; and it was accordingly authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension taws, the name of Ang_eline P. Root, widow of read the third time, and passed. Richard Root, late major, Eighth Regiment Iowa Volunteer Cavalry.J and colonel One hundred and thirty-sixth Regiment United States Colorea Vol­ .ALVIN RlNE. unteer Infantry, and pay her a pension at the rate of $!!5 per month in lieu The next pension business was the bill (S. 94) granting a pen­ of that she is now receiYing. sion to Alvin Rine. Mr. HEDGE. Mr. Speaker, I moye to strike out" twenty-five," The bill was read, as follows: in line 10, and insert' • forty.'' I understood that this amendment Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, was approved of. I know something personally about this case. authorized and directed to place on th~ pension roll, subject to the provisions Colonel Root was & great soldier and a great coloneL He died and limitations of the J>!lnsion laws, the name of Alvin Rine1 lateof Company last summer and an aged widow who has no means of H Osage County, Mo., Home Guards, and pay him a peDSlOn at the rate of left sUp­ 121 per month. port. He died from the effects of his service, and I know of my The bill was ordered to a third reading; and it was accordingly own personal knowledge that the merits of the case are such that read the third time, and passe

Be it enacted, etc., That the Secretary of the Interior be1and he is hereby, The amendment was agreed to. . authorized and directed to place on the pensionroll,robject to the provisions The bill as amended was ordered to a third reading; and it was and limitations of the pension laws, the name of Andrew Fisher, late second lieutenant Company I.; One hundred and forty-second Regiment New York accordingly read the third time, and passed. Volunteer Infantry, and pay him a pension at the rate of $24 per month in MARY GILROY, lieu of that he is now receiving. The next-pension business was the bill (8. 4249) granting an in­ The bill was ordered to a third reading; and it was accordingly crease of peiLSion to Mary Gilroy. read the third time, and passed• . The bill was read, as follows: BENSON 0. BELL.A.liY. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to~ on the pension roll, subject to the provisions The riext pension business was the bill (S. 2423) granting an in­ and limitations of the peDSion laws, the name of Mary Gilroy, widow of Ed­ .crease of pension to Benson C. Bellamy, ward Gilroy, late of Battery B, New Jersey Volunteer Light Artillery, aud ' pa.Y p..er a pension at the rate of $12 per month in lieu of that she is now re­ The bill was read, as follows: ce:tvmg. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to :{'lace on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordingly and limitations of the peDS1on la s, the name of Benson C: Bell&m.y, late of read the third time, and passed. · Company ~J Eighteenth Regiment Iowa Volunteer Infantry, and pay him a pens10n at me rate of $24 per month in lien of that he is now receiving. FREDERICK SOMMERS. The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 2248).granting an read the third time, and passed. increase of peiLSion to Frederick Sommers. The bill was read, as follows: RA.Rr, B. FRENCH. Be it enacted, etc., That the Secretary of the Interior be, and he fs hereby _The next pension business wa.s the bill (S. 4742) granting an in­ authorized and directed to place on the pension roll, subject to the provisionS and limitations of the pension laws, the name of Frederick Sommers, late of ' crease of pension to Earl B. French. Company F, Nineteenth Regiment Ohio Volunteer Infantry, and J;l&Y him a The bill was read as follows: penSlon at the rate of $2( per month in lieu of that he is now receivmg. Be it enacte~ etc., That the Secretary of the Interiol' be, and he is hereby, authorized and directed to ylace on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordingly and limitations of the perunon lawsi the name of Earl B. French, late of Com­ read the third time, and passed. pany L, Fourth Regiment Pennsy Vania Volunteer Cavalry, and pay him a. THOlll.S B:ElmAN. pension at the rate of $00 per month in lien of that he is now receiving. The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 1618) granting an read the third,time, and passed. increase of peiLSion to Thomas Herran. The bill was read, as. follows: FRANCIS G. HOFFIDRE. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby authorized and directed to place on the pension roll, subject to the provisionS The next pension business was the bill (S. 4507) granting an in­ and limitations of the pension la.wsf the name of Thomas Herran late of crease of pension to Francis G. Hoffmire. Company L, Second Regiment New York Volunteer Heavy Artillery and The bill was read, as follows: pay p.i?l a pension at the rate of $00 per month in lien of that he is ·now rece1vmg. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the yronsions The bill was ordered to a third reading; and it was accordingly and limitations of the pension laws, the name of Francis G. Hoffrmre, late of read the third time, and passed. Compsny K, Sixth Regiment Ohio Volunteer Cavalry, and :r,>aY him a pension at the rate of 24 per month in lieu of that ~e is now receivmg. JESSE C. LOTT. The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 8308) granting an read the third time, and passed. increase of peiLSion to Jesse C. Lott. , The bill was read, as follows: GEORGE DRAPER. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby The next pension business was the bill (S. 4621) granting an in­ authorized and directed to ~lace on the pension roll, subject to the provisionS crease of peDBion to George Draper. and limitations of the pensiOn laws, the name of Jesse 0. Lott late of Com­ pany C, N~ety-seventh Regiment Pennsyl ~an~a Volnnteei' Infa~try, and pay The bill was read, as follows: him a peDS1on at the rate of $?4 per month m lieu of that he is now receivmg• • Be it e11acted, etc. That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordingly and limitations of the pensions laws, thena.meofGeorgeDI"Bper, late of Com­ read the third tiine, and passed. pany E, Twenty-eighth Regiment Kentucky Volunteer In.fantry, and pay him a pension at the rate of $24 Pill' month in lieu of that he is now receivmg. JOSHUA M' CORMICK. _ ' The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 4364) granting an read the third time, and passed. increase of pension to Joshu~ McCormick. The bill wa.s read, as follows: EDWIN w. FORD. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby The next pension business was the bill (S. 4428) granting an in- authorized and directed to place on the pension roll, subject to the provisionS and limitations of the peD.Sion laws, the name of Joshua McCormick, late of crease of peiLSion to Edwin W. Ford. - Company A Ninetieth Regiment illinois Volunteer Infantry, and pay him a The bill was read, as follows: - peD.Sion at the rate of$30 per month in lieu of that he is now receiving, pay­ able t>() his duly constituted guardian. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to ,Place on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordingly and limitations of the peDSion laws, the name of Edwin W. Ford, late ca_ptain Company

/

·- 4512 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

The bill was read, as follows: The bill was ordered to a third reading; and it was accordingly Be it enacted, ttc., That the Secretary of the Interior be, and he is hereby, read the third time, and passed. authorized and directed to place on the pension roll, sub.iect to the provisions and limitations of the pensions laws, the name of David Misener, J.a:tecall_tain JOHN TAYLOR. Company H, Third ReKiroent Minnesota Volunteer Infantry, ~nd major First Regiment Minnesota Volunteer Heavy Artillery, and pay nim a pension at The next pension business was the bill (S. 4846) granting an in­ the rate of $00per month in lieu of that he is now receiving. crease of pension to John Taylor. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and passed. Be i~ enacted, e,tc., That the Secretary of ~he Interior ~e, and he is hereby, anthonzed and directed to place on the peDSlon roll,~ subJect to the provisions GEORGE G. WRIGHT, and limita.tions of ~e pension laws, the name of .John Taylor, late of Com­ pany D, Fl.l'st Battalion Nevada Volunteer Cavalry, and pay him a pension The next pension business was the bill (S. 4056) granting an in­ at the rate of $20 per month in lieu of that he is now receiving. crease of pension to George G. Wright. The amendment recommended by the committee was read, as The bill was read, as follows: follows. · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the J?rovisions Strike out, in line 8, the word "twenty" and insert in lien thereof the word and limitations of the pension laws, the name of George G. Wnght, alias "thirty., ' George Gravett, late of Company B, First Regiment New York Volunteer The amendment was agreed to. Mounted Rifles, and ~y him a pension at the rate of $00 per month in lieu of The bill was ordered to a third reading; and it was accordingly that he is now receivmg. read the third time, and passed. · The bill was ordered to a third reading; and it was accordingly read the third time, and passed. HARVEY FLETCHER. BUSHNELL B. LOOMIS. • The next pension business was the bill (S. 4496) granting an in- The next pension busmess was the bill (S. 329) granting an in- crease of pension to Harvey Fletcher. crease of pension to Bushnell B. Loomis. The bill was read, as follows: The bill was read, as follows: Be i~ enacted, ~tc., That the Secretary of the Interior be, and he is hereby, anthonzed and directed to place on the pension rollt!nbject to the provisions Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, and limitations of the pension laws, the name of .tlAl"V'e'S' Fletcher, late of authorized and directed to place on the pension roll, subject to the provisions Company E Fourth R~giment Minnesota Volunteer Infantry, and pay him a and limitations of the peDSlon laws, the name of Bushnell B. Loomis, late of pensiOn at the rate of $40 per month in lien of that he is now receiving. Company D Twelfth Regiment Kansas Volunteer Infantry, and pay him a Th bill d d h' d peDSlon at the rate of $50 per month in lien of that he is now receiving. e was or ere to a t 11' reading; and it was accordingly The bill was ordered to a third reading; and it was accordingly read the third -time, and passed. . read the third time, and passed. JOHN o. vAN CAMPEN. ISAAC N. HUGHEY, The next pension business was the bill (S. 3493) granting an in- The next pension business was the bill (S. 1572) granting an crease of pension to John C. Van Campen. increase of pension to Isaac N. Hughey, The bill was read, as follows: The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby Be it enacted, etc., That the Secretary of the Interior be, and be is hereby, authorized and directed to place on the pension roll, subject to the provisio~ authorized and directed to place on the pension roll, subject t~Fthe provisions and limitations of the :{lension laws, the name of John 0. Van Campen, late of and limitations of the pension laws, the name of Isaac N.liuvhey,lateof Company~.~inety-tJ;rirdRegimentNewYorkVolunte.erinfantry,andCom- · u Fifth R · t Obi v 1 tee c 1ry d himP • panY: K, Fift1eth Regunent New York Volunteer Engmeers, and pay him a Company...... , egunen 0 un r ava • an :pay a peDSlon penBlon at the rate of $24 per month in lieu of that he is now receiving. at the rate of $24 per month in lien° of that he is now receivmg. The bill was ordered to a third reading; and it was accordingly The bill was ordered to a third reading; and it was accordingly read the third time, and passed. read the third time, and passed. FANNIES. MOORE. HIRAM nros. The next pension business was the bill (S. 2711) granting an in­ The next pension business was the bill (S. 4602) granting an creaSe of pension to Fannie S. Moore. increase of pension to Hiram Imus. The bill was read, as follows: The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Be it enacted, etc., 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 FannieS. Moore, widow of and limitat4ons of ,the pension laws, tlie name of.Hiram,Imns, late of Com­ John C. W. Moore, late of Company B, Second Regiment, and assistant sur­ Jl&ny M, Third Regunent Iowa Volunteer Cavalry, and l>ay him a. pension at geon Eleventh Regiment New Hampshire Volunteer Infantry, and :pay her a the rate of $30 per month in lien of that he is now receivmg. pension at the rate of $17 per month in lien of that she is now receivmg. The bill was ordered to a third reading; and it was accordingly The bill was ordered to a third reading; and it was accordingly read the third time, and passed. read the third time, and passed. ll.ARY P. WILSON, ELIZABETH G. ILI.SLEY. The next pension business was the bill (S. 4381) g;anting a pen- The next pension business was the bill (S. 4891) granting an in­ sion to Mary P. Wilson. . crease of pension to Elizabeth G. lllsley. · The bill was read, as follows: The bill was read, as follows: Be i~ enacted, e.tc., That the Secretary of t~e Interior 1Je, and be is hereby, Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, anth

1904. CONGRESSIONAL RECORD-HOUSE. 45.13

ELLA C. TUPPER. JOHN SCHADE, SR. The next pension business was the bill (S. 1310) granting a pen­ The next pension business was the bill (H. R. 7471) granting sion to Ella C. Tupper. an increa,se of pension to.John Schade, sr. The bill wa,s read, as follows: The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he i8 hereby, Be it enacted, etc., 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 provisbns and limitations of the pension laws, the name of Ella. C. Tupper, widow of and limitations of the pension laws, the name of John Schade, sr., late o! Francis W. Tupper,la.te first lieutenant and adjutant, First Regiment Ala­ Company E, Fiftr-eighth Ohio Infantry, and pay him a pension at the n.te bama Volunteer Cavalry, and pay her a pension at the rate of $17 per month. of $24 per month m lie\.of that he is now receiving. The bill was ordered to a third reading; and it was accordingly The amendments recommended by the committee were read, as read the third time, and passed. follows: GEORGE W. SULLIVAN. In line 6, after the word "Fifty-eighth," insert the word "Regiment." · The next pension business was the·bill (S. 3018) granting an in- In line 7, before the word" Infantry, ~· insert the word " Volunteer." creas~ of pension to George W. Sullivan. • The amendments were agreed to. The bill was read, as follows: . The bill as amended was ordered to be engrossed for a third Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, reading; and being engrossed, it was accordingly read the thll·d authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name George W. Rlillivan, late of time, and pa.ssed. Company K, One hundred and fourteenth Regiment lllinois Volunteer In­ GEORGE D. TOTMAN. fantry, and pay him a pension at the rate of $24: per month in lien of that he The next pension business was the bill (H. R. 747) granting an is now receiving. increase of pension to George D. Totman. The bill was ordered to a third reading: and it was accordingly The bill was read, as follows: read the third time, and passed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, WILLIAM G. SCOTT. authorized and directed to place on the pension roll, subject to the provisions The next pension business was the bill (S. 2046) granting an in­ and limitations of the pension law , the name of George D. Totman, late of Company G, Sixty-first Regiment Massachusetts Volunteer Infantry, and pay crease of pension to William G. Scott. him a pension at the rate of $30 per month in lien of that he is now receiv· The bill was read, as follows: · ing. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendment recommended by the committee was read, as anthorizedand directed to place on the pension roll, subject to thfl provisions and limitations of the pension lawshthe name of William G. Scott, late of follows: Company A, First Battalion, Sixteent Regiment United States Infantry, and In line 8 strike out the word "thirty" and insert in lieu thereof the word hospital steward, United States Army, and pay him a pension at the rate of "twenty-four." $24 a month in lieu of that he is now receiving. - The amendment was agreed to. The bill was ordered to a third reading; and it was accordingly The bill as amended was ordered to be engrossed for a third read the third time, and passed. reading; and being engrossed, it was accordingly read the third SILAS R. HARRIS. time, and passed. The next pension business was the bill (H. R. 8469) granting a HENRY H. RHOADS. pension to Silas R. Harris. The next pension business was the bill (H. R. 10544) granting '!'he bill was read, as follows: an increase of pension to H. H. Rhoads. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby~ authorized and directed to place on the pension roll, subject to the provisions The bill was read, as follows: and limitations of the pens10n laws, the name of SilasR. Harris, late of Com­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, pany K, Sixty-third Regiment Missouri Volunteer Infantry, and pay him a authorized and directed to place on the pension roll, subject to the provisions pension at the rate of S24 per month. and limitations of the pens10n laws, the name of H. H. Rhoads, late of Com­ panv B, One hundred and seventy-fifth Regiment Ohio Volunteer Infantry, The amendments recommended by the committee were read, as and.J>3:Y him a pension at the rate of $25 per month in lieu of that he is now follows: receivmg. • In line 7, after the word "Infantry," insert, in parentheses, the words "Enr ll d Militia." The amendments recommended by the committee were read, as · In ~n! 8 strike out the word "twenty-four" and insert in lieu thereof the follows: word "twelve." In line 6 strike out the first letter "H." and insert in lieu thereof the word "Henry." -The amendments were agreed to. In line 8 strike out the word "twenty-five" and insert in lieu thereof the · The bill as amended was ordered to be engrossed for a third word" twenty-four." · . · reading; and being engrossed, it was accordingly read the third Amend the title so as to read: "A bill granting a.n increase of pen..<>ion to time, and passed. Henry H. Rhoads." MARTHA BRISCOE. The amendments were agreed to. The next pension business was the bill (H. R. 2462) granting a The bill as amended was ordered to be engrossed for a third read­ pension to Martha Brisco. ing; and being engrossed, it was accordingly read the third time, 'fhe bill was read, as follows: and passed. · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, HEZEKIA.H BRUCE. directed to place on the peru,1.on roll, subject~ the J?rovisions and limitations The next pension business was the bill (H. R. 12248) granting of the pensions laws, the naiD:e of ~artha Br~co, widow of th~ late Capt. An­ drew J. Brisco, who was enlisted m the Uruted States marme service, on an increase of pension to Hezekiah Bruce. board the United States transfer boat B. C. Levi, of the Mississippi Marine The bill was read, as follows: Brigade, and who was pensioned by special act of Con~~ss ~der c~rtifica.te Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, No. 552366, at the rate of $30 per month, by r~son of IDJ.unes received and authorized and directed to place on the pension roll, subject to the provisions disabilities incruTed by the explosion of the boilers of said boat, and to pay and limitations of the pension laws, the name of Hezekiah Bruce, late first her a pemion at the rate of $12 per month. liedenant Company F First Regiment Minnesota. Volunteer Infantry, tl.nd The amendments recommended by the committee were read, as pay him a pension at the rate of $30 per month in lieu of that he is now re- · follows: ' ceiving. Strike out all after the enacting clause and insert in lieu thereof the fol- The amendment recommended by the committee was read, as follows: . lo~g~t the Secret~ry of th~ Interior be, and he~ he~eby, authorized and In line 6 strike out the words "first lieutenant" and insert in lien thereof directed to pJa.ce Olf the pension roll, snbjeqt to the.provisions and limit~ tions of the pension laws, the name of Martha. BriScoe, Wldow of Andrew J. Bnscoe, the word " of." late pilot, United States Government transports, and pay her a pension at The amendment was agreed to. the rate of 12 ~r month." The bill as -amended was ordered to be engrossed for a. third Amend the title so as to read: "A bill granting a pension to Martha lh'iscoe." reading; and being engrossed, it was accordingly read tb.e third The amendments were agreed to. time, and passed. · . The bill as amended was ordered to be engrossed for a third reading; and being engrossed: it was accordingly read the third EDWARD L. H..A.NEY. tirlle, and paseed. . The next pension business was the bill (H. R. 12613) granting THOMAS H.AYDOCK. an increase of pension to Edward L. Haney. The n~xt pension business was the b~ll (H. R. 12591) granting The bill was read, as follows: Be it enacted; etc., That the Secretary of the Interior be, and he is hereby, an increase of pension to Thomas Haydock. authorized and directed to place on the pension roll, subject to the prbvisions The bill was read, as follows: and limitations of the pension laws. the name of Edward L. Haney, late of . Be it enacted, etc., That the Secretary of t.he Interior ~e, and he is he!E?by, Company B, Forty-sixth Regiment Wisconsin Volunteer Infantry, and paY' authorized and directed to place on the pens1on roll, subJect to the proVlBlOns him a pen..

The bill as amended was ordered to be engrossed for a third read- The amendments recommended by the committee were read, as ing; and being engrossed, it was accordingly read the third time, follows: and passed. Strike out all after the enacting clause and insert in lieu thereof the fol MARION A. CARLILE. lowing: "That the Secretary of the Interior be, and he is hereby, authorized and The next pension business was the bill (H. R. 13623) granting directed to :place on the pension roll, subject to the provisions and limitations an increase of pension to Marion A. Carlisle. of the peD.Sion laws, the name of Catharine Cook, widow of Thomas Cook, late of Company G, Twenty-eighth Regiment Massachusetts Volunteer In- The bill was read ' as f 0 11 ows: fantry, and pay her a pension at the rate of $17 per month in lieu of that sho Be it enacted, etc., That the Secretary of the Interi~ be, and he is hereby, is nowreceivin~." authorized and directed to place on the pension roll, subject to the provisions Amend the title so as to read: "A bill granting an increase of pension to and limitations of the pension laws, the name Marion A. Carlisle, widow of Catharine Cook." Captain Thomas A . Carlisle, late assistant quartermaster, United States Vol- unteers, and pay her a pension at the rate of $25permonth inlieuofthatshe The amendments were agreed to. isnowreceivmg. The bill as amended was 'ordered to be engrossed for a third The amendments recommended by the committee were read, as reading; and being engrossed, it was accordingly read the third follows: time, and passed. In line 6, bef01oe the word " wido~J" strike out the word "Carlisle" and GEORGE W. KINSEY, insert in lieu thereof the word" Carlile." In same line strike out the word " Captain." The next business was the bill (H. R. 14155) granting an in­ In sa.me line, after the word" Thomas," strike out the letter "A." and insert in lien thereof the letter "J." crease of pension to George W. Kinsey. In same line, after the letter "A.," strike out the word "Carlisle" and The bill was read, as follows: insert in lieu thereof the word "Carlile." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, In line 7, after the word "late," insert the words "captain and." authorized and directed to place on the pension roll, subject to the provisions Amend the title so as to read: "A bill granting an increase of pension to and limitations of the pension laws, the name of George W. Kinsey, late pri­ Marion A. Carlile." vate in Company B, Twenty-sixth Regiment NewJerse~Volunteerinfantry, The amendments were agreed to.· and pa;y him a pension at the rate of $30 per month in lieu of that he is now The bill as amended was ordered to be engrossed for a third read­ rece1vmg. ing; and being engrossed, it was accordingly read the third time, The amendment recommended by the committee was read, as and passed. follows: MINNIE H. EATON, In line 6 strike out the words "private in" and insert in lieu thereof tho word "of." The next pension business was the bill (H. R. 2994) granting an The amendment was agreed to. increase of pension to Minnie H. Eaton. The bill as amended was ordered to be engrossed for a third read­ The bill was read, as follows: ing; and it was accordingly read the third time, and passed, Be it enacted, etc., That the Secretary of the Interior be. and he is hereby, authorized and directed to :place on the pension roll, subject to the provisions ALBERT HEME..~.AY, and limitations of the peD.SJ.on laws, the name of Minnie H. Eaton. widow of Ohar les A. Eaton, late commissioned second lieutenant, One hundred and The next business was the bill (H. R. 737) granting an increase twenty-second New Yor~ Volunteer Inf~ntry, and p~y her a pension at the of pension to Albert Hemenway. rate of $30 per month in lieu of t hat she lS now recmvmg. The bill was read, as follows: · The amendments recommended by the committee were read, as Be i t enacted, etc. , That the Secretary of the Interior be, and he is hereby, follows: llUthorizedand direct ed to place on the pension roll, subject to the provisions In lines 6 and 7 strike out the words "commissioned second lieutenant" and limitations of the pension laws, the name of .Albert Hemenway, late of and insert in lieu thereof the word "quartermaster-sergeant." Company!, Seventh Regiment New Hampshire Volunteer Infantry, and of In line 7, after the words ''One hundred and twenty-second," insert the the Twenty-ninth Company , Second Battslion, Veteran Reserve Corps, and word "Regiment." pay ~a pension at the r ate of S24 per month in lieu of that he is now re­ In line 9 strike out the word "thirty" and insert in lieu thereof the word ceiVIng. "twelve." The amendment recommended by the committee was read, as The amendments were agreed to: follows: The bill as amended was ordered to be engrossed for a third In lines 7 and 8 strike out the words "and of the Twenty-ninth Company, reading; and being engrossed, it was accordingly read the third Second Battalion, Veteran Re erve Corp3." time, and p~ssed. The amendment was agt·eed to. JOHN OGDE..~. The bill as amended was ordered to be engrossed for a third read­ The next pension business was the bill (H. R. 9257) granting:an ing; and it was accordingly read the time, and passed. . increase of pension to John Ogden. The bill was read, as follows: BEXJ.AML~ F. ROSS. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next business wa the bill (S. 52-!3) granting an increase of authorized and directed to p1'l.ce on the pension roll, subject to the provisions pension to Benjamin F. Ros . and limitations of the pension laws, the name of John Ogden, late of Com­ pany M, First Regiment Wisconsin Volunteer Cavalry, and pay him a pen­ The bill was read, as follows: sion at the rate of $30 per month in lieu of that he is now receiving. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to J?laceon the pension roll, subject to the provisions The amendment recommended by the committee was read, as and limitations of the pens1on laws the name of Benjamin F . Ro~ , late of follows: Company C, Fifth Regiment Minnesota Volunteer Infantry, and l?ay him a In line 6, before the word "Company," strike out the word "of 11 and in­ penSion at the rate of ·ao per month in lieu of that he is now receivmg. sert in lien thereof the words "first lieutenant." The bill was ordered to a third reading; and it was accordingly The amendment was agreed to. read the third time, and passed. The bill as amended was ordered to be engrossed for a third KITTIL TORGESON, reading; and being engrossed, it was accordingly read the third time, and passed. The next business was the bill (S. 5112) granting an increase of EBEN H. MEADER. pension to Kittil Torgeson. The next pension business was the bill (H. R. 748) granting an The bill was read, as follows: Be it enacted, etc., That the Secreta1•y of the Interior be, and he is hereby, m·crease of pension to Eben H. Meader. authorized and directed to ;Place on the pension roll, subject t.o the provisions The bill was read, as follows: and limitations of the peD.SJ.on laws, the name of Kittil Torge on. late of Sec­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, ond. Battery Minnesota Volunteer Light Artillery, and -_pay him a pension at authorized and directed to place on the pension roll, subject to the provisions the rate of 30 per month in lieu of that he is now receivmg. and limitations of the pension laws, the name of Eben H. Meader, late of Oompany D, Ninth Regunent New Hampshire Volunteer Infantry, and vay The bill was ordered to a third reading; and it was accordingly him a pension at the rate of SOO per month in lieu of that he is now receivmg. read the third time, and passed. The amendment recommended by the committee was read, as MARY .A, HAYWARD. follows: In line 8 strike out the word "thirty" and insert in lieu thereof the word The next business was the bill (S. 5211) granting an increase of " twenty-four." pension to Mary A. Hayward. ' The amendment was agt·eed to. The bill was read, as follows: The bill as amended was ordered to be engrossed for a third Be it enacted, etc., That the Secretary of the Interior be, and he is hereby authorized and directed to ~lace on the pension roll, subject to the provisionS reading; and being engrossed, it was accordingly read the third and limitations of the pension laws, the name of Mary A . Hayward, widow time, and passed. of William H. Hayward, late of Company H, Fifty-second Regiment Massa­ CATHARINE COOK. chusetts Volunteer Infantry, and pay her a. pension at the rate of $ll:l per The next pension business was the bill (H. R. 3265) granting an month in lieu of that she is now receiving. increase of pension to Catherine Cook. '!he bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third time, and passed. Be i t enacted, etc., That Catherine Cook, widow of Thomas Cook, Com­ D.A VID W . JOHNS. pany G, Twenty-eighth Regiment of Massachusetts Volunteers, have an in­ crease of ~nsion, and that she be allowed $20 a month in lieu of that she is The next business was the bill (S. 2124) granting an increase of now receiVIng. pension to David W. Johns. 1904. CONGRESSIONAL RECORD-HOUSE. 45.15

The bill was read, as follows: JOHN W. PEARSON. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next pension business was the bill (S. 5181) granting an in­ . antho1·ized and directed to place on the pension roll, snbjecttotheprovisions and limitations of the pension laws, the name of DaVId W. Johns, late of creasfl of pension to John W. Pearson. United States steamer Elk, United States Navy, and ;pay him a pension at The bill was read, as follows: the rate of $30 per month in lieu of that he is now receiving. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The bill was ordered to a third reading; and it was accordingly a nthorized and directed to place on the pension rol.l. subject to the provisions and limitations of the pension law~. the name of John W. Pearson, late of read the third time, and passed. Company E, Twenty-third Regiment Iowa Volunteer Infantry, and pay him WILLIAM A. BENTLEY. a pension at the rate of $24 per month, in lieu of that he is now receiving. The next business was the bill (S. 5205) granting an increase of The bill was ordered to a third reading; and it was accordingly pension to William A. Bentley. read the thii·d time, and passed. The bill was read, as follows: ANN A E. DRAPER, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next pension business was the bill (S. 3561) granting an in­ authorized and directed to place on the pension rol.l. subject to the provisions and limitations of the pension laws, the name of William A. Bentley, late of crease of pension to Anna E. Draper. Company H, Ninth Regiment Io~a :Volunteer Inf_antry, and p~y him a pen­ The bill was read, as follows: sion at the rate of 33()permonth m lieu of that he IS now receiVlDg. Be it enacted, etc., That the Secretary of the InteriO'l' be, and he is hereby, The bill :was ordered to a third reading; and it was accordingly authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Anna E. Draper, widow of read the third time, and pas~ed. Thomas Draper, late captain Company IL Third Regiment Delaware Vol­ JOHN F. BURKOLDER. unteer Infantry, and pay her a pension at the rate of $20 permonthin lien of that she is now receiving. The next business was the bill (S. 4827) granting an increas3 of pen ion to John. F. Burkolder. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: read the third t~e, 8ond passed. Be it enacted, elc. That the Secretary of the Interior be, and he is hereby, CHARLES H. A VERY. authorized and directed to place on the pension roll, subject. to the provisions and limitations of the pension laws, the name of John F. Burkolder, late of The next pension business was the bill (S. 5124) granting an Company A, T~enty-first Regiment Pennsylva~a :Volunteer Cav:alry, and increase of pension to Charles H. A very. pay him a pension at the rato of $24 per month m lieu of that he IS now re­ The bill was read, as follows: ceiving. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The bill was ordered to a third reading; and it was accordingly authorized and directed to place on the pension ro~ subject to the provisions and limitations of the pension laws, the name of Char~es H. A>ery, late of read the third time, and passed. Company H, Twelfth Regiment Maine Volunteer Infantry, and pa.y him a JAMES D. FOLSO:ll, penSion at the rate of $3) per month in lieu of that he is now receiving. The next business was the bill (S. 5056) granting an increase of The bill was ordered to a third reading; and it was accordingly pension to James D. Folsom. read the third time, and passed. The bill was read, as follows: JOHN M. MANLOVE, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and direr:: ted to place on the pension roll, subject to the provisions The next pension business was the bill (S. 4759) granting a pen- and limitations of the pension laws..._!he name of James D. Folsom, late sur­ sion to John M. Manlove. · geon Seventeenth Regiment New .tlampshire Volunteer Infantry, and pay The bill was read, as follows: him a pension at the rate of S24: per month in lien of that he is now receiVlDg. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The bill was ordered to a third reading; and it was acc01·dingly authorized and directed to place on the pension ro~ ubject to the provisions and limit~tions of the pension laws, the name of John M. ~nlove, late of 1·ead the third time, and passed. Company I, Sixth Regiment Delaware Volunteer Infantry, and pay him a • JOHN W. P.A.kiS. penSion at the rate of 12 per month. The next business was the bill (8. 4678) granting an increase of The bill was ordered to a third reading; and it was accordingly pension to John W. Paris. read the third time, and passed. The bill was read, as follows: BENJ.A.MIN A. PROVOOST. Be it enacted, etc., That the Secretary of the Interior be and he is hereby, authorized and directed to place on the pension roll, subject to the provisions The next pension business was the bill (S. 4001) granting a pen.. and limitations of the pension laws. the name of John W. Paris, late second sion to Benjamin A. Provoost. lieutenant Company H, One hundred and ei~hty-sjxth Regiment Pennsyl­ The bill was read, as follows: vania Volunteer Infantry, and pay him a pensiOn at the rate of $24 per month Be it enacted, etc., That the Secretary of the Interior be, and he is hereb~, in lieu of that he is now receiving. authorized and directed to place on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordingly and limitations of the pension laws, the name of Benjamin A. Provoost, late of Company B, Seventy-fourth Regiment New York State National Guard read the third time, and passed. Volunteer Infantry, and pay him a pension at the rate of $12 per month. JOHN L. HUGHES. The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 3988) granting an in­ read a third time, and passed. crease of pension to John L. Hughes. JOHN H. ONEY. The bill was read, as follows: The next pension business was the bill (S. 2458) granting a pen­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, sion to John H. Oney. authorized and directed to place on the pension roll, sub~ct to the provisions and limitations of the pension laws, the name of John L. Hughes, late captain The bill was read, as follows: of Company E, Ei~hty-first Regiment Ohio Volunteer Infantry, and. pay him Be it enacted, etc., That the Secretary of the Interior be.and he is hereby, a pension at the rate of $30 per month in lien of that he is now receiving. authorized and directed to place on the pension roll, subject to the provisions The bill was ordered to a third reading; and it was accordingly and limitations of the pension laws, the name of John H. Oney, late acting assistant surgeon, United States Army, and pay him a pension at the rate of read the third time, and passed. S24 per month. CHARLES B. DAVIS. The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 5182) granting an in­ read the third time, and passed. crease of pension to Charles B. Davis. CHARLES A, M'K.EAN, The bill was read, as follows: The next pension business was the bill_(S. 5149) granting an in­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, crease of pension to Charles A. McKean. authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Charles B. Davis, late of The bill was read, as follows: Company F, Third Regiment Iowa Volunteer Cavalry, and pay him a pension Be i~ enacted, e_tc., That the Secretary of ~he Interior ~e, and he is hereby, at the rate of S30 per month in lien of that he is now receiving. authorized and directed to ;place on the pension roll. subJect to the provisions and limitations of the pension laws, the name of Charles A. McKean, late of The bill was ordered to a third reading; and it was accordingly Company A, First Regiment Minnesota Volunteer Heavy Artillery, and pay read the third time, and passed. him a pension at the rate of SOO per month in lieu of that he is now receivmg. M.A.RY JANE MULLINS. The bill was ordered to a third reading; and it was accordingly The next pension business was the bill (S. 4920). granting an read the third time, and passed. increase of pension to Mary Jane Mullins. MARGARET FRENCH. The bill was read, as follows: The next pension business was the bill (S. 3029) granting an in· Be it enacted, etc., That the Secretary of the Intelior be, and he is hereby, crease of pension to Margaret French, a nthorized and directed to ;place on the pension roll, subject to the provisions and limitations of the pensiOn laws, the name of Mary Jane Mullins, widow The bill was read, as follows: of William H. Mullins, late surgeon Twelfth Regiment Kentucky Volunteer Be it enacted, etc., That the Secretary of the ~terior be, and he is hereby, Infa.ntry, and J?8.Y her a pension at the rate of 25 per month in lien of that authorized and directed to place on the pension roll, subject to the provisions she IS now receiVlDg. and limitations of the pension law~ the name of l'tfarga1·et French, widow of David H. French, late of Permanent Party, United States Army, Fort Colnm· The bill was ordered to a third reading; and it was accordingly bus, New York Harbor, war with Mexico, and pay her a pension at the rat& read the third time, and passed. of $12 per month in lieu of that she is now receiving.

• 4516 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

The bill was ordered to a third reading; and it was accordingly HARRY HIRSCHENSOHN. read the third time, and passed. . The next pension business was the bill (H. R. 6343) granting a PHEBE SIBLEY. pension to Harry Hirschensohn. The next pension business was the bill (S. 4811) granting an in­ The bill was read, as follows: crease of pension to Phebe Sibley. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to :{>lace on the pension roll, subject to the provisions The bill was read, as follows: and limitations of the pensiOn laws, the name of Harry Hirschensohn,late Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, private in Company H, Sixth United States Infantry, and pay him a pension authorized and directed to place on the pension roll, subject to the provisions at the rate of ~25 per month. and limitations of the pension laws, the name of Phebe Sibley, widow of Wil­ liam Henson Sibley, late of Kenley's battalion. Maryland and District of Co­ The amendments recommended by the committee were read, as hun bia Volunteers, war with .Mexico, and pay her a pension at the rate of 12 follows: per month in lieu of that she is now receiving. ' In line 6 strike out "private in" and insert "of." The bill was ordered to a third reading; and it was accordingly In line7, before "United States," insert "Regiment;" and in the same line, read the third time, and passed. after "Infantry," msert "war with Spain." In line 8 strike out "twenty-five" and iriSert "twelve." ELIJ.A.H .A.. PEYTON, The amendments were agreed to. The next pension business was the bill (S. 4948) granting an The bill as amended was ordered to be engrossed for a third increase of pension to Elijah A. Peyton. reading; and being engrossed, it was accordingly read the third The bill was read~ as follows: time, and passed. . · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, JOH...~ W. MOORE. authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Elijah A. Peyton, late of The next pension business was the bill (H. R. 7502) granting an Comp.2ny H, First Regiment Mississippi, war with Mexico, and pay him a peDSlon at the rate of $20 per month in lieu of that he is now receiving. increase of pension to John W. Moore. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, read the third time, and passed. authorized and directed to place on the pension roll, subject to t.be provisions · M.A. TILDA. WITT. and limitations of the pension laws, the name of John W. Moore, late of Com­ pany C, Fourth Re~iineH.t Kentucky Volunteer Infantry, war with Mexico, The next pension business was the bill (H. R.1045) granting a and Pll:Y him a pensiOn at the rate of $30 per month in lieu of tha.t he iB now pension of $12 pet month to Matilda Witt, widow of J. Burgess receiVlDg. Witt. The amendment recommended by the committee was read, as The bill was read, as follows: follows: Be it enacted, etc., That the Secretary of the Int~rior be, and he is hereby, In line 8 strike out "thirty" and insert "twenty." directed to place the name of Matilda Witt, aged 81 years, the widow of J. The amendment was agreed to. Burgess Witt, a private. soldier in Captain Campbell's compo.ny, Seminole or Florida war of 1836 and 1837, on the pension roll, and pay to her the sum of The bill as amended was ordered to be engrossed for a third read­ Sl2 per month, the said J. Burgess Witt having served the full term of enlist­ ing; and being engrossed, it was accordingly read the third time, ment but four days short of time requii·ed to serve to be entitled to a pension and passed. under the general law, which four days were spent in going to the command under orders. ALICE JENIFER. The amendment recommended by the committee was read, as The next pension business was the bill (H. R. 7985) granting a follows: pension to Alice Jenifer. Strike out all after the enacting clause and insert the following: The bill was read, as follows: "That the Secretary ot the Interior be, and he is hereby, authorized and Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, directed to place on the pension roll, subject to the provisions and limitations authori7ed and directed to place QP tht> pension roll, subject to the provisions of tho pension laws, the name of Matilda Witt, widow of Burgess Witt, late and limitations of the pension laws, the name of Alice J enifer, widow of Samuel of Captain Campbell's company, Tennessee Volunteers, Cherokee Indian dis­ Jenifer, late private, Company I, Tenth Regiment United States Cavalry, and turbances, and pay her a pension at the rate of $8 per month." pay h9r a pension at the rate of $12 per month. The amendment was agreed to. The amendments recommended by the committee were read, as The bill as amended was ordered to be engrossed for a third follows: - reading; and being engrossed, it was accordingly read the third In line 6 strike out the word "private" and insert in lieu thereof the word time, ·and passed. "'oc" The title was amended so as to read: ''A bill granting a pension Add to the end of the bill the words "and $2 per month additional on ac~ count of each of the minor children of said Samuel Jenifer until they reach to Matilda Witt." the age of 16 years." MERTON C. SANBORN. The amendments were agreed to. - The next pension business was the bill (H. R. 2367) granting a The bill as amended was ordered to be engrossed for a third pension to Merton C. Sanborn. reading, and being engrossed, it was accordingly read the third The bill was read, as follows: time, and passed. Be it enacted, etc., That the Secretary of t.he Interior pe, and he is he;rE?bY, MARY .A.NN PHIPPS. authorized and directed to place on the pensiOn roll, subJect to the provlSlons and limitations of the pension laws, the name of Merton C.. Sanboru,late pri­ The next pension business was the bill (H. R. 8783) granting vate Company I, Third Regiment Virginia Volunteers, certificateNo.l211296, an increase··of pension to Mary Ann Phipps. and pay him a pension at the rate of $15 per month. The bill was read, as follows: The amendments recommended by the committee were read, as Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, follows: authorizad and directed to place on the pension roll, subject to the provisions In line 6 strike 11ut .. private" and msert "of." and lim.itat:ons of the pens10n laws, the name of Mary AnnPhi:pps, widow of In line 7 change "Volunteers" to "Volunteer." David Phipps, late of Captain Sellers's company, 'l'hird Regrment IllinoiS And in lines 7, 8, and 9 strike out "certificate No.1211296" and insert "In- Volunteer Infantry, MeXIcan war, and pay her a pension at the rate of fantry, war with Spain." · S:.?O per month in lieu of that she is now receiving. In line 9 strike out "fifteen" and insert "twelve." The amendments recommended by the committee were reJ.d. as The amendments were agreed to. follows: . . . · _ The bill as amended was ordered to be engrossed for a third In line 8 strike out" Mexican war" and insert "war with Mexico." reading; and being engrossed, it was accordingly read the third In line 9 strlie out "twenty" and insert "twelve." time, and passed. The amendments were agreed to. LUCILIUS C. MOSS. The bill as amended was ordered to be engrossed for a third The next pension business was the bill (H. R. 5361) granting an reading; and being engrossed, it was accordingly read the third increase of pension to Lucilius C. Moss. . . time, and passed. · The bill was read, as follows: NELSON M'INTOSH. Be it enacted, etc., That the Secretary of ~he Interior .be, and he is he.~ by, The next pension business was the bill (H. R. 9585) granting an authorized and directed to place on the pens1on roll, subJect to the proVlSIOns increase of pension to Nelson Mcintosh. and limitations gf the pension laws, the name of Lucilius C.~. late of Company H, Third Regtment Illinois Volunteer ~~ntry, Mex!can. war, and The bill was read, as follows: pay him a pension at the rate of $30 per month m lieu of that he 1s now re­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, ceiving. authorized and "directed to place on the pension roll.1.!!ubject to the provisions and limitations of the pension laws, the name of .Nelson Mclntoah, late of The amendments recommended by the committee were read, as Company D, First Regiment United States Dragoons, in war with Mexico, follows: and Pll:Y him a pension at the ra.te of $30 per month in lieu of th~t he is now In line 1 strike out "Mexican war" and insert" war with Me:rico." receivmg. In line 8 strike out "thirty" and insert "twenty." The amendments recommended by the committee were read, as The amendments were agreed to. follows: The bill as amended was ordered to be engrosseq for a third In line 7 strike out" in." reading; and being engi·ossed, it was accordingly read the third In line 8 strike out" thirty" and iru;ert "twenty." time, and passed. The amendments were agreed to.

• 1904 . .J CONGRES_SION AL RECORD-HOUSE; 4517

Gill, late a private in Captain Allen G. Johnson's company, Colonel Bailey's The bill as amended was ordered to be engrossed for a third regiment, First Florida Mounted Volunteers, Seminole Indfun war. and pay reading; and being engrossed, it was accordingly read the third him a pension at the rate of S20 per month in lieu of that he is now receiVlDg. time, and passed. ' The amendments recommended by.the committee were read, as MARY F. KENADAY. , fo~ lows: The next pension business was the bill (H. R. 10270) granting In line 4, after "roll," insert" subject to the provisions and limitations of an increase of pension to Mary J. Kenaday. the pension laws." In line 5 strike out" a private in" and insert" of." , The bill was read, as follows: In the same line·strike out "Allen G." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, In line 6 strike out " First ." authorized and directed to plac9 on the pension roll, subject to the provisions In line 8 strike out "twenty" and insert "sixteen." and limitations of the pension laws, the name of Mary J. Kenaday, widow of Elias J. Kenaday. deceased. late of J. H. Morgan's company, Iowa Mounted The amendments were agreed to. Volunteers, in Mexican war, and pay her a pension at the rate of $12 per The bill as amended was ordered to be engrossed for a third read­ month. ing; and being engrossed, it was accordingly read the third time, The amendments recommended by the committee were read, as and passed. follows: JOHN COOK. Change the title so as to read: "A bill granting a pension to Mary F. Kena- The next pension business was the bill (H. R. 13364) granting dabhange the initial "J" where it appears in claimant's name in the body of an increase of pension to John Cook. the bill to the initial "F." The bill was read, as follows: In line 6 strike out "deceased." In line 7 strike out "J. H." and insert "Captain. " Be it enacted, etc., That the Secr etary of the Interior be, and he is hereby, In line 8 strike out "in Mexican'War" and insert "war with Mexico," and authorized and directed to place on the pension roll, subject to the :nrovisions in the same line etrike out " twelve" and insert "eight." and limitations of the pension laws, the name of John Cook, late of Com­ pany I, Second Regiment Kentucky Volunteer Infantry, war with Mexico, The amendments were agreed to. and y~y him a pension at the rate of $20 per month in lieu of that he is now The bill as amended was ordered to be engrossed for a-third receiVJng. reading; and being engrossed, it was accordingly read the third The bill was ordered to be engrossed for a third reading; and·be· time and passed. ing engrossed, it -was accorqingly read the third time, and passed. ELLEN CAIN, MICAJ.AH, ffiLL, ALIAS MICHAEL C. HILL. The next pension business was the bill (H. R. 12400) granting an increase of pension to Ellen Cain. The next pension business was the bill (H. R. 13421) granting · The bill was read,·as follows: an increase of pension to Micajah Hill, alias Michael C. Hill. Be it enacted, etc., Thf.\t the Secretary of the Interior be, and he is hereby, The bill was read, as follows: authorized and directed to place on the pension roll, subject to the provisions Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, and limitations of the penroon laws, the name of Ellen Cain, widow of Cor­ authorized and directed to place on the pension roll. subject to the provisions nelius Cain, late of Company M, Fourth Regiment United States Artillery, and limitations of the pension laws, the name of Mics.jah Hill. alias Michael and pay her a pension at the rate of $12 per month. C. llill, late of Captain Comly's company, Alabama Volunteer Infantry, war with Mexico, and pay him a pension at the rate of $24 per month in lieu of The amendments recommended by the committee were read, as that he is now receiVlDg. follows: - The amendments recommended by the committee were read, as In line 7, after "Artillery," insert '.'war with Mexico." In line 8 strike out "twelve" and insert "eight." follows: In line 7 stiike out " Comly's" and insert "Conoley's." The amendments were agreed to. In line 7, after "Infantry," insert "Creek Indian;" and in the same line The bill as amended was ordered to be engrossed for a third and line 8 strike out "with Mexico." • reading; and being engrossed, it was accordingly read the third In line 8 strike out "twenty-four" and insert "twelve." time, at;ld passed. The amendments were agreed to. ~LIAM M. LANG. The bill as amended was ordered to be engrossed for a third The next pension business was the bill (H. R. 13142) granting reading; and being engrossed, it was accordingly read the third an increase of pension to William M. Lang. . time, and passed. - The bill was read, as follows: lURY E. WYSE. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the name of William M. The next pension business was the bill (H. R.13669) granting a Lang, late a private in Capt. H. V. Snell's company, Florida Mounted Volun­ pension to Mary E. W yse. teers, Seminole Indian war, and pay him a pen&on at the rate of $12 per The bill was read, as follows: month in lieu of that he is now receiving. Be i ~ enacted, ~tc., That the Secretary of ~he Interior .be, and he is hereby, The amendments recommended by the committee were read, as authoriZed and directed to place on the pension roll, subJect to the provisions and limitations of the pension laws, the name of Mary E. Wy__se, widow of follows: the late Francis 0. Wyse, lieutenantrcol<1nel Fourth Regiment United States In line 4-, after the word 11 roll," insert 11 subject to the provisions and limi­ Artillery, and pay her a pension at the rate of $00 per month. tations of the J?6nsion laws." In line 5 strike out "a private in" and insert "of." The amendments recommended by the committee were read, as In the same line strike out the initials "H. V.," and in the same line, after follows: · "Snell's," insert "independent." In line 6 strike out "the late." The amendments were agreed to. In lines 6 and 7 strike out "lieutenant-colonel Fourth" and insert "late captain, Third." The bill as amended was ordered to be engrossed for a third read­ In line 8 strike out ' ' thirty" and insert "twelve." ing; and being engrossed, it was accordingly read the third time, · Insert at the end of the bill the words "in lieu of that she is now receiv­ and passed. ing." FANNY A, HUTCHASO.N. . The amendments were agreed to. The next pension business was the bill (H. R. 13196) granting The bill as amended was ordered to be engrossed for a third an increase of pension to Fannie A. Hntchason. reading; and being engrossed, it was accordingly read the third The bill was read, as follows; time, and passe

/ 4518 CONGRESSIONAL RECORD- HOUSE. APRIL -8,

MESSAGE FROM THE SENATE. The amendments recommended by the committee were read, as. ' A message from the Senate, by Mr. PARKINSON its reading follows: In lines 6 and 7 strike out" major Forty-third Re~ment Indiana Volunteer clerk, announced that the Senate had passed bills of the following Infantry" and insert "of Company C, Second Regrment Indiana Volunteer title ; in which the concurrence of the House of Representatives Infantry, war with Mexico." was requested: In line 8 strike out " thirty" and insert "twenty." S. 2354. An act to authorize the promotion of First Lieut. The amendments were agreed to. Thomas Ma-son, Revenue-Cutter Service; The bill as amended was ordered to be engrossed for a third S. 5203. An act providing for the resurvey of township 18 north, reading; and being engrossed, it was accordingly read the third range 6 east, and township 19 north range 6 ea-st, Montana me­ time, and passed. l'idian, Cascade County! State of Montana; and MARTHA. TAYLOR. S. 5255. An act to provide allotments to Indians on White Earth The next pension business was the bill (H. R. 14306) granting Re ervation, in Minnesota. an increase of pension to Martha Taylor. The message also announced that the Senate had insisted upon The bill was read, as follows: its amendment to the bill (H. R. 8692) to authorize the apprehen­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, sion and detention of insane persons in the District of Columbia authorized and directed to place on the pension roll, subject to the provisions and providing for their temporary commitment in the Govern­ and limitations of the pension laws, the name of Martha Taylor, widow of William H. Taylor, late of Company A, Tennessee Regiment Volunteer In­ ment Hospital for the Insane, and for other purposes, disagreed fanti·y, war with Mexico, and pay her a pension at the rate of 12 per month to by the House of Representatives, had agreed to the conference in lieu of that she is now receiving. asked by the Honse on the disagreeing votes of the two Houses The amendments recommended by the committee were read, as thereon, and had appointed Mr. GALLINGER, Mr. HANSBROUGH, follows: and MARTIN as the coh:ferees on the part of the Senate. Mr. In line 7 strike out "Tennessee" and insert "Third." The message also announced that the Senate had insisted upon And in the same line, after the word .. Regiment," insert "Tennessee." its amendments to the bill (H. R. 9331) to extend the time for The amendments were agreed to. completion of · the East Washington Heights Traction Railroad The bill as amended was ordered to be engrossed for a third Company, disagreed to by the Houee of Representatives, had reading; and being engrossed, it was accordingly read the third agreed tO the conference asked by the House on the disag1·eeing time, and passed. votes of the two Houses thereon, and had appointed Mr. GALLIN­ GER, Mr. HANSBROUGH, and Mr. MARTIN as the conferees on the DEVERNIA WHITE. part of the Senate. The next pension business was the bill (H. R. 14307) granting The message also announced that the Senate had disagreed to an increase of pension to Devernia White. the amendment of the House of Representatives to the bill (S. 3869) The bill was read, as follows: for the extension of Albemarle street, had asked a conference with Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions the House on the disagreeing votes of the two Houses thereon, and limitations of thepensionlaws-1 the name of Devernia White, late of Mex­ and had appointed Mr. GALLINGER, Mr. DILLINGHAM, and Mr. ican War Volunteer Infantry, ana ~Y him a pension at the rate of $20 per MALLORY as the conferees on the part of the Senate. month in lieu of that he is now receiving. The message also announced that the Senate had disagreed to The amendments recommended, by the committee were read, as the amendment of the House of Representatives to the bill (S.127) follows: authorizing the joining of Kalorama avenue~ had asked a confer­ In line 6 strike out "Mexican war'' and insert "Company B, First Regi- -ence with the House on the disagreeing votes of the two Houses ment Alabama.." thereon, and had appointed Mr. GALLINGER, Mr. DILLINGHAM, In line 6, after "Infantry," insert "war with Mexico." and Mr. MALLORY as the conferees on the part of the Senate. The amendments were agreed to. . The message also announced that the Senate had disagreed to The bill as amended was ordered to be engrossed for a third the amendment of the House of Representatives to the bill reading; and being engrossed, it was accordingly read the third (S. 2710) for the opening of connecting highways on the east and time, and passed. west sides of the Zoological Park, District of Columbia, had asked POCAHONTAS C. MONTEIRO. ·' a conference with the House on the disagreeing votes of the two The next pension business was the bill (H. R. 14363) granting Houses thereon, and had appointed Mr. GALLINGER, Mr. DILLING­ an increase of pension to Pocahontas C. Monteiro. HAM and Mr. MALLORY as the conferees on the part of the Senate. The bill was read, as follows: The message also announced that the Senate had disagreed to Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, the amendment of the House of Representatives to the bill (S. 2134) authorized and directed to place on the pension roll~ubject to the provisions to connect Euclid place with Erie street, had asked a conference and limitations of the perurlon laws, the name of l:"ocahontas C. Monteiro, widow of Andrew A. Monteiro, late of Company A, First Regiment Virginia with the House Qn the disagreeing votes of the two Houses thereon, Volunteer Infantry, and pay her a pension at the rate of $12 per month in and had· appointed Mr. GALLINGER, Mr. DILLINGHAM, and Mr. lieu of that she is now receiving. MALLORY as the conferees on tb.e part of the Senate. The amendment recommended by the committee was read, as ELLENORA' CLlLVIER. follows: In line 8, after "Infantry," ~rt •· war with Mexico." The next pension business was the bill (H. R. 13792) granting The amendment was agreed to. an increase of pension to Ellenora Clavier. The bill as amended was ordered to be engrossed for a third The bill was read, as follows: reading; and being engrossed, it was accordingly read the third Be i t enacted, etc., That from and after. the date of the passage o1 this bill, time, and passed. Ellenora Clavier, widow o~ Josep~ ClaVIer,. who ser_ved as a soldier of the United States in the war With Menco, be pal~ a penfi!On at the 1'3:~ of $'12 per LILLIE A. SCHOPP AUL. month in lieu of pension of $8 per month which she IS now re001vmg under The next pension business was the bill (H. R. 14517) granting certificate No.ll800. a pension to Lillie A. Schoppaul. The amendment recommended by the committee was rea~ as The bill was read, as follows: follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Strike out all after the enacting clause and subst.itute the follow~g: authorized and directed to place on the pension roll, subject to the provisions "That the Secretary of the Interior "l?e· and he IS he!~by, authe, and he is h~by , authorized and directed to place on the peilSlon roll, su?Ject to the pr?VIBions The amendment recommended by the committee was read, as and limitations of the pension laws... the na~e of E~ A. Moss, W1dow of follows: Cha.l·les w. Moss late major Forty-third Regrment Indi!l~ Volunteer Infa~­ In line 8 strike out "twelve" and insert "six." try, and ~ay her a pension at the rate of $30 per month m lieu of that she 1B now rece1vmg. The amendment was agreed to. 1904. CONGRESSIONAL RECORD-HOUSE. 4519

The bill as amended was ordered to be engrossed for a third read­ The bill was read, as follow : ing; and being engrossed, it was accordingly read the third time, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, and passed. authorized and directed to place on the pension roll, subject to the provisions and li.mita.tions o! the peru10nlaws, the na.me of Albert H. Taft, late of Com­ ELIZABETH J. MOORE. pany E, Ninth Regiment New Hampshire Volunteer Infantry, and pay him The next pension business was the bill (H. R. 145 9) granting a pension at the rate of $;..?0 per month in lien of that he is now :receiving. an increase of pension to Elizabeth J. Moore. The bill was ordered to a third reading; and it was accordingly The bill was read, as follows:. read ~he third time, and passed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, .A.l'I"N.A. M. POWELL. authorized and directed to ylace on the pension roll, subject to the provisions and limitations of the perunon laws, the name of Elizabeth J. Moore, widow The SPEAKER pro tempore laid before the House the bill of Joshua L. Moore, late of Company A, North Carolina Volunteer Infantry, (H. R. 12460) granting a pension to Anna M. Powell, with Sen­ and J>ll:Y her a pension a.t the rate of $1.2 per month in lieu of that she is now ate amendments. receiVmg. , · The Senate amendments were read. The amendment recommended by the committee was read, as Mr. LOUDENSLAGER. Mr. Speaker, I move that the House follows: concuT in the Senate amendments. In line 7, after" Infantry," insert "w&r with Mexico." The motion was agreed to. The amendment was agreed to. ANGELINE P. ROOT. The bill as amended was ordered to be engrossed for a third Mr. ·SULLOWAY. Mr. Speaker, r ask unanimous consent to · reading; and being engrossed, it was accordingly read the third recur to Calendar No. 1819, the bill (S. 4815) granting an increase time . and passed. of pension to Angeline P. Root, for the purpose of moving to re­ JOSEPH OTIS. consider the vote by which that bill was passed. The next pension business was the· bilL(H. R. 14598} for there­ The SPEAKER pro tempore. Without objection that can be lief of Jo eph Otis. done at this time. Is there objection? The bill was read, as follows: There was no objection. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Mr. SULLOWAY. Mr. Speaker, I move to reconsiderthevote authorized and directed ro pla~e on the pension roll, subject tD the pxovisions by which that bill was passed. and limi. 'ta.tions of the l)ension laws, the name of Joseph Otis, late of Com­ pany- F, Fifth United States Artillery, and pa.y him a. pellSiou at the rate of The SPEAKER p:r(} t&mpore. The question is o~ the motion of $20 per month. the gentleman from New Hampshire to reconsider the vote by The amendments recommended by the committee were read, as which the bill granting an increase of pension to Angeline P. follows; Root was pas ed. In line 6, after 11 Fifth," insert 11 Regiment." The question was taken and the motion was agreed to. In line 7 strike out u.twenty" and in ert " twelva." Mr. SULLOWAY. Mr. Speaker, I now move- to reconsider Amend the title so as to read: "A bill granting a pension to Joseph Otis." the vote by which the amendment to that bill, offered by the The amendments were- agreed to. gentleman from Iowa [Mr. HEDGE], was passed. The bill as amended was ordered to be engrossed for a third The motion was agreed to. reading: and being engrossed, it was accordingly read the third Mr. SULLOWAY. I now move, Mr. · Speakert to amend by time, and passed. inserting in lien of the word" forty" the word'' thirty." JULIANA H. BARRY. Th& SPEAKER pro tempore. The question is on the motion of The next pension business was the bill (H~ R. 14658) granting the gentleman from New Hampshire, to amend the amendment an increase of pension to Juliana H. Barry.· offered by the gentleman from Iowa [Mr. HEDGE] and fix the rate The bill was read~ as follows~ to be allowed at $30 instead of 40. Be it ~nacted, etc., That .the Secretary of the Interior be.,_ and he is hereby, The question was taken, and the amendment to the amendment authorized and directed to place on the pension roll, subject to the provisions was agreed to. and limitations of the penslonlaws, the name of Juliana H. Barry,·widow of Edmund Barry, late of Compa.ny .B, MarylandandDistrictofColumbia.Regi­ The SPEAKER pro te.mpore. The question now recurs on the ment Volunteer Infantry, war with Mexico, and pay her a. pension at the adoption of the amendment as amended. rate of $1..9 per month in lieu of that she is now receiving. The amendment as amended was agreed to. The bill was ordered to be engrossed fora third reading~ and be­ The SPEAKER pro tempore. The question is on the e11oaross­

ing engrossed, it was accordingly read the third time1 and.passed. ment and third reading of the bill. SUSAN A .. SCHELL. The bill was ordered to be engrossed and read a third time, read the third time, and passed. The next pension business w~ the bill (H. R. 14698) granting A. On motion of Mr. SULLOW A Y, a motion to reconsider the several an increase of pension to Susan Schell. votes by which the several bills were passe<} was laid on the table. The bill was rea

Colonel Suman entered the service of the country in the civil original jmisdiction, where the matter in dispute. exclusive of costs. exceeds $2,500, an appeal shall be allowed to the circuit court of appeals for the ninth war early in April, 1 61, as a second lieutenant. He was a poor circuit, as provided in the preceding section. man-a carpenter. He served through the entire war, and was "Sxc. 4095. When any final judgment of any- minister is given in the exer­ mustered out of the service as colonel of his regiment on the 13th cise of original or of appellate criminal jm·isdiction, the person charged with the crime or offense, if he considers the judgment erroneous in point of law, of August, 1865, having served four years and five or six months may appeal therefrom to the circuit court of appeals for the ninth circuit; and having been wounded five times. After he was mustered out but such appeal shall not operate as a stay ofpro<.:eedings, unless the minic;;ter of the service he was tendered a commission as brigadier-general. certifies that there is probable cause to grant the same, when the stay shall be such as the interests of justice may require. by brevet, which he declined to accept on the ground that he "SEc. 4096. The circuit court of appeals for the ninth circuit is authorized , was in the sen·ice for the welfare of his country, not for honor and required to receive, hear, and determine the appeals provided for in this or glory. The letters relating to that matter are on file in the title and its decisions shall be final." "SEc. 4129. The provi.Eions of this title relating to the jurisdiction of consu­ War Department. About the same time he was offered a com­ lar and diplomatic officers over civil audcriminal cases in the countries herein mission as second lieutenant of the Thirty-eighth Regiment of referred to shall extend to any and all countries with which the United States the Regular Army, but declin€d to accept on the ground that the now has or may hereafter at any time enter into treaty relations similar to condition of his health would not permit him to perform the duties those with the countries referred to." or discharge the responsibilities of the position. His letter declin­ The bill was ordered to be engrossed and read a third time; and ing the position is on file. it was accordingly read the third time, and passed. Mr. SMITH of Kentucky. The gentleman's explanation in re­ On motion of Mr. JENKINS, a motion to reconsider the vote by gard to the merits of the case is no doubt ,correct; but I should which the bill was passed was laid on the tab1e. like to know when the committee ordered a favorable report on NATIONAL CEMETERY NEAR RICHMOND, VA. this bill. Mr. LAMB. I ask unanimous consent for the present consid­ Mr. CRUMPACKER. I think yesterday-possibly this morn­ eration of the bill which I send to the desk. ing; I do not know positively. The bill (H. R.1979) providing for the extension of the national Mr. SMITH of Kentucky. Has the bill been acted on at a cemetery on Williamsburg turnpike, near the city of Richmond, meeting of the committee? . Va., was read, as follows: Mr. CRUMPACKER. My colleague from Indiana [Mr. MIERS] Be it enacted, etc., That the Secretary of War be~ and he is hereby, author­ examined the bill and passed upon it; he knows all about the ized and directed to pm·chase such additional lana as may be necessary for facts. I should be glad to make a ten-minute speech on the bill, the extension of the national cemetery on the Williamsburg turnpike, near the city of Richmond, in Virginia~ to provide bmial for such soldiers\ sailors, in order that the full particulars of this very meritorious case and marines as are by law entitlea to mterment in said cemetery; ana to pro­ might go into the RECORD, but I will not take the time. vide for the purchase of said land, and for the necesmry improvemeut of the Mr. MIERS of Indiana. The committee very carefully con­ same, the sum of Sl5,0CO, or so much thereof as may be necessary, is hereby . sidered the bill. It is a very meritorious one. appropriated out of any money in the Treasu:-y not otherwise appropriated. Mr. SMITH of Kentucky. I think it is a dangerous precedent The amendments reported by the Committee on Military Affairs to take up a bill which has not been placed on the Calendar after were read, as follows: consideration by the committee and a favorable report; but I shall After the word ''same," in line 10, insert the words "and inclosing with stone wall and drainage." not object. Strike out the word "fifteen," in line 10, and insert in lieu thereof the word Mr. CRUMPACKER. I appreciate the force of the gentle­ "four." man's suggestion, and I would not ask the consideration and There being no objection, the House proceeded to the considera­ pas age of the bill in this way if there were any probability of tion of the bill. another opportunity at this session to act on the bill. The amendments were agreed to. Mr. SMITH of Kentucky. For that reason alone I withhold The bill as amended was ordered to be engrossed and read the objection. . third time; and it was accordingly read the third time, and passed. There being no objection, the House proceeded to the consid­ On motion of Mr. LAMB, a motion to reconsider the vote by eration of the bill. which the bill was passed was laid on the table. The amendment reported by the committee was agreed to. The bill a8 amended was ordered to be engrossed and read a third STATUE OF KOSCIUSZKO. time; and it was accordingly read the third time, and passed. Mr. McCLEARY of Minnesota. I ask unanimous consent for On motion of Mr. CRUMPACKER, a motion to reconsider the vot-e the present consideration of the joint resolution (H. J. Res. 84) by which the bill was passed was laid on the table. which I send to the desk. The Clerk read as follows: CONSULAR AND MINISTERIAL COURTS. Joint resolution for the acceptance of a statue of Gen. Thaddeus Kosciu!Zko, :Mr. JENKINS. I ask unanimous consent for the present con­ to be presented to the Umted States by the Polish-American citizens. sideration of House bill14675. Resolved, etc., That the offer of a statue of Gen. Thaddeus Kosciuszko, to be erected on one of the corners of Lafayette Square, in the city of Washing­ The title of the bill was read, as follows: ton D. C. by and at the expense of the Polish-American organizations and A bill to amend sections m92, 4093, 4094, 4095, 4096, and 4129 of the Revised of the Polish-American1 people of the United States generally, as an expression Statutes of the United States. of their loyalty and devot10n to their adopted country, for the liberties of which Kosciuszko so nobly fought, which offer has been made through Theo­ The SPEAKER. Is there objection to the consideration of this dore M. Helinski, president of the central committee of the Polish-Amer­ bill? ican organizations of the United States. b a, and the same hereby is, accepted: Mr. BARTLETT. We should like to knowtowhatsubjectthe Provided, That the selection of the site on Lafayette Square, the approval of the statue offered, and the manner of its erection shall be under the control bill relates. We can not tell from the enumeration of the sections and direction of a commission consisting of the Secretary of War and the in the title. chairmen of the Committees on the Library of the Senate and House of Rep-. Mr. JENKINS. I will exp1ain- resentatives of the Fifty-eighth Congress. Mr. BARTLETT. Reserving the right to object, I should like The SPEAKER. Is there objection? to hear the gentleman's explanation. Mr. SMITH of Kentucky. Mr. Speaker, I will ask the gentle­ Mr. JENKINS. Mr. Speaker, this bill, which has been unani­ man from Minnesota whether this resolution has been considered mously reported by the Committee on the Judiciary, which has by some committee? been prepared by the Attorney-General of the Uni~ed States ~nd Mr. McCLEARY of Minnesota. It is reported favorably by the its passage asked for by the Department of State, sun ply proVIdes Committee on the Library. for appeals from consular ~nd m~terial c~mrts in all the coun­ Mr. SMITH of Kentucky. Is it a unanimous report? tries that have treaty relatwns mth the Umted States. Mr. McCLEARY of Minnesota. It is a unanimous report. There being no objection, the House proceeded to the consid­ The SPEAKER. The Chair hears no objection. eration of the bill, which was read, as follows: The joint resolution was ordered to be engrossed and read a third Be it enacted, etc., That sections 4.002, 4093 4094, 4095, 4096, and 41.29 of the time; and it was accordingly read the third time, and pa sed. Revised Statutes of the United States be, and the same are hereby, amended On motion of Mr. McCLEARY of Minnesota, a motion to recon­ so as to read as follows: "SEC. 4092. On any final judgment in any consular court, '!here the mat­ sider the last vote was laid on the table. ter in dispute exceeds $500 and does not exceed $2,500, exclUSive of costs, an UNITED STATES COURT AT WILKESBORO, N.C. t~oppealshall be allowed to the minister in the country in which such court is established. · But the appellant shall comply with the conditions established Mr. KLUTTZ. Mr. Speaker, I ask unanimous consent for the by general re~lations. And the ministers are hereby authorized and re­ present consideration of the bill (H. R. 12147) to amend ·chapter quired to receive, hear, and determine such appeals. "SEC. 4093. On any final judgment in any consular court, where the mat­ 749, second session Fifty-seventh Congress, approved February ter in dispute, exclusive of costs, exceeds the sum of $2,500, an appeal shall 23. 1903, being "An act to establish United States courts at Wilkes­ be allowed to the minister in the country in which the consular court is es­ boro, N.C." tablished, and from the decision of such minister to the circuit court of ap­ peals for the ninth circuit. Upon such appeal a transcript of the libel, bill, The bill was read, as follows: . answer, depositions and all other proceedings in the case shall be trans­ Be it enacted, etc., That.,._ chapter 749, second session of the Fif~-seventh mitted to said mimster1 and circuit court of appeals, respectively, and no Congress, being "An act to establish United States courts at Wilkesboro, new' evidence shall be received on the hearing of the appeal; and the appeal N.C.• " approved February 23,1903, be, and the same is hereby, amended by shall be subject to the ~esl regulations, ~nd ~·estrictions prescribed in law striking out the words "Eecond Monday in July and November," in lines 5 for wxits of error from district courts to cll'cwt courts of appeals. . · and 6 of the first section of said act, and inserting in lieu thereof the words "SEC. 4094. On any final judgment of any minister, given in the exercise of "fourth Monday in May and November." .•

1904. CONGRESSIONAL RECORD-HOUSE.· 4521

SEC. 2. That said act be further amended by striking out section 2 thereof Mr. SMITH of Kentucky. It is limited to those sections? and inoorting in lieu thereof the following: "SEC. 2. That in addition to the clerks provided for the western district Mr. LACEY. It is limited to those sections and the sales here· of North Carolina, in section 621 of the ReviSed Statutes of the United Sta~~ tofore made. the circuit and djstt·ict judges shall appoint a clerk, who shall reside ana Mr. DE ARMOND. It has no reference to the right of way have his office at Wilkesboro, N.C .. and who shall be the clerk of both the circuit and district courts of the United States at that place." that is not sold? Mr. LACEY. That remains in the railroad company a~ here~ The SPEAKER. Is there objection? tofore; .and if in any case the right of way is · cut down to less There was no objection. than 100 feet, the sale is not validated. The bill was ordered to be engrossed and read a third time, and Mr. JONES of Washington. And it does .not authorize any was accordingly read the third time, and passed. sales hereafter. On motion of Mr. KLUTTZ, a motion to reconsider the last vote Mr. LACEY. Nor does it authorize any subsequent sales. was laid on the table. Mr. ROBINSON of Indiana. What was granted to the rail­ NORTHERN P .A.CIFIC RA.ILRO.A.D LANDS. road company-the even numbered sections or the odd? Mr. JONES of Washington. Mr. Speaker, I ask unanimous Mr. LACEY. The odd-numbered sections, and a right of way consent for the present consideration of the bill (S. 4769) validat­ 400 feet in width besides. ing certain conveyances of the Northern Pacific Railroad Com­ · Mr. ROBINSON of Indiana. This now closes up the eve::J.-num-· pany and the Northern Pacific Railway Company. bered sections? · The bill was read, as follows: Mr. LACEY. This does not affect the even-numbered sections. Be it enactedl etc., That all conveyances heretofore made by the Northern They are expressly excluded by the amendment put in the bill by Pacific Railroaa Company or by the Northern Pacific Railway Company, of land forming a part of the right of way of the Northern Pacific Railroad, the committee. granted by the Government by any act of Congress, are hereby legalized, Mr. DE ARMOND. As the bill pa£sed the Senate? validated, and confirmed: Provided, That no such conveyance shall have ef­ Mr. LACEY. As the bill passed the Senate the even-numbered fect to diminish said right of way to a less width than 100 feet on each side of the center of the main track of the railroad as now established and main­ sections were covered also. tained. Mr. DE ARMOND. And also provided that they c~mld £ell SEc. 2. That this act shall have no.validating force until the Northern Pa­ those sections? • · cific Railway Company shall file with the Secretary of the Interior an instru­ ment in writing, accepting its terms and provisions. Mr. LACEY. I understand, as a matter of fact, they have not sold any land in the even-numbered sections; but we believed the The following amendments, recommended by the Committee on bill broad enough to cover them. But the House committee has the Public Lands, were read: , amended the bill in such a way as to exclude from its operation Amend by inserting after the word "land," in line 5, the words "in odd­ numbered sections;" by inserting after the word "Congress," in line 7, the the even-numbered sections, anyway. words "and which actually passed to said Northern Pacific Railroad under Mr. DE ARMOND. Does the bill as now amended permit either of its land grants." • sales? Mr. ROBINSON of Indiana. Mr. Speaker, I should like to ask Mr. LACEY. Not except to validate the 'Sales already made. the gentleman for a brief explanation of the effect of this bill. Mr. JONES of Washington. This authorizes no further sales. How extensive will its effect be? Mr. DE ARMOND. Will the effect be to enable the railrnad Mr. JONES of Washington. Mr. Speaker, when the grant was to sell 300 feet of its right of way for hundreds of miles along that made to the Northern Pacific Railroad in the first instance, a right road? . of way 400 feet wide was granted across the public domain through Mr. LACEY. It only ratifies the sales heretofore made. The both the odd and even sections. The railroad also received a grant main difficulty is at Spokane, where the railroad runs through of certain odd-numbered sections. Believing that they had full the city. They sold off a part, retaining 100 feet for the right of and absolute title to all the land in the odd-numbered sections, not way. They thought that they had the right of way on the top of only outside of the right of way, but including the right of way, their own land and they had the right to sell a part of the land, the company platted certain portions of that land into town lots provided they reserved enough for the operation of the railroad. in connection with the land outside of the right of way, and these They have assumed that to be the case, but from the recent deci­ were sold to innocent purchasers,_who have since made very valu­ sion there is some possible doubt as to that. able improvements thereon. Mr. DE ARMOND. Will the effect not be to permit them to Mr. ROBINSON of Indiana. Do I understand that this bill sell this excess strip clear through, anywhere? only affects the right-of-way land? Mr. LACEY. The effect would be to ratify the sales of that Mr. JONES of Washington. It only affects the right-of-way kind alreadv made. lands. · Mr. DE ARMOND. Will it not in effect be a declaration that Mr. ROBINSON of Indiana. I have no objection to it. they have authority to sell, so as to enable them to sen that strip? Mr. JONES of Washington . . Under the amendment it is con­ Mr. LACEY. No; it is a declaration that they have not au· fined to the odd-numbered sections. Under a late decision of the thority by validating previous sales. Take, for instance section Supreme Court there is some doubt thrown upon the matter as to 1, covered also by the right of way. They have that section, and whether or not they had an actual and absolute title to the land they assumed that is all their land, and of course they thought inside of the right of way in the odd sections. they could -sell their share of the land, provided it did not inter­ Mr. ROBINSON of Indiana. If it only affects the right of fere with the operation of the road. We are compelling them to way, I have no objection. keep it by virtue of the grant. But there is some doubt cast upon Mr. JONES of Washington. It only affects the right of way the title by the decision referred to. and simply protects innocent purchasers. The SPEAKER. Is there objection? [After a pause.] The Mr. DE ARMOND. I should like to ask whether this has been Chair hears none. The question is on the amendment. reported upon by any committee, and if so, by what committee? The question was taken, and the amendment was agreed to. Mr. JONES of Washington. It has received a unanimous re­ The bill as amended was ordered to a third reading; and it was port from the Committee on the Public Lands, and with the accordingly read the third time, and passed. amendment suggested it is recommended by the Secretary of the On motion of Mr. JoNES of Washington, a motion to reconsider Interior. the vote by which the bill was passed was laid on the table. Mr. 'DE ARMOND. I should like to have the chairman of the Committee on the Public Lands make a statement concerning the FEDERAL COURT AT GRAND ISLAND, NEBR. bill. / . Mr. LACEY. Mr. Speaker, it seems tome there is no question Mr. NORRIS. Mr. Speaker, I ask unanimous' consent for the. but that the railroad company owns the odd-numbered sections·, present consideration of the bill H. R. 14376. including the right of way over the same; but a question is raised The Clerk read as follows: by the decision of the Supreme Court of the United States, in the A bill (H. R. 14376) providing for the holding of Federal court at Grand one hundred and ninetieth volume, I believe it is, as to whether Island, Nebr. , or not the right of way is under an independent grant which they Be it enacted, etc., That from and after the passage of this act there shall be a term of the circuit and district courts of the United States within and took first, with the odd-numbered sections in addition thereto, and for the State and district of Nebraska held in the city of Grand Island, in consequently whether '¢thin the 400 feet of the 1:ightof way they said State, commencing on the second Monday of April in each ya..1.r: Pro­ have any Tight except a mere easement, even over their own sec­ vided, howeve1·, That suitable ro:>ms and accommod'l.tio::J.s are furnished for tions. the holding of said court at said place free of expense to the Government of Now, in some localities they did not need the 400 feet; and have the United States. sold and platted down to 100 feet, especially in the city of Spokane, The SPEAKER. Is there obje~tion? [After a pause.] Tho where buildings have been erected and hotels constructed on that Chair hears none. · land. This proposition now is to validate the sales heretofore The bill was ordered to be engrossed for a third reading; and made, provided the right of way is not diminished under 100 feet being engrossed, was accordingly read the third time, and passed • • op. the odd-numbered"' sections which have already been granted On motion of Mr. NORRIS, a mctio:u to reconsider the vote by to them. · which the bill was passed was laid ou the table. 4522 CONGRE~SSIONAL RECORD-HOUSE. . APRIL 8,

EXEMPTIO~ OF PRIVATE PROPERn .AT SEA FR~ C.A.PTURE. OR the proruuons of an act of Congress approved July 5 1884. and in order to en­ able the United States to straighten the channel of the said Calumet River DESTRUCTION BY BELLIGERENT' POWERS. and. conform to a survey and realignment of the channel line of said r-iver Mr. illTT. Mr. Speaker., I ask unanimous consent for the as'Rdopted, e~blished.,andshown by platrapproTed bythe Chief of.Engineers of the United States Army and .filed for record in the oftice of the recorder of present consideration of House joint resolution 102. deeds of Cook County, ill., on the 17th da-y of May, 1889, as document ll02284, The Clerk read as follows: entitled "Map of theJJalmnet River, illinois, from Lake Michigan to Calumet Jom"t resolution (H. .r. Rea. 102) relating_ to the exemption of ~U private Lake, to accompany report of W'. G, ]ilyjng, Unit-ed States attorney to the proJ?erty at sea, not contraband of war; from capture or destruction by Attorney-General respecting cession of right of wayfor improvementof.said belligerent powers. river undor act of Congress approved July 5, 1884" (report dated January 24 1 , and.. report dated February 12, 1 ill, William G. Ewing; 'United States :M:r. illTT. Mr. Speaker-- attorney, northern district of IIllnoi&}; and The SPEAKER. For what purpose does the gentleman rise? Whereas it is provided in the said ueed abo>e referred to that "the shore or dock lines of said river as so established and shown on saidflat shall here­ Mr. HITT. When the Clerk finishes reading, I will offer a sub- after for all purposes be taken as the true meandered line o said stream: " stitute or amendment. Therefore, The SPE~.o\KER. An amendment in the nature of a substitute? Be it enacted, etc., That the portion of the old channel of the Calumet River in the northwest quru·ter of section.OO, towns!UP 37' north, ra.nge 15 east, of the Mr. HITT. It is an amendment which might be called a sub­ third princinal meridian, in Cook County, Til., which.lies outside of the new stitute. channel'line.a as established by the United States and shown on" Map of the Mr. SMITH of Kentucky. Mr. Speaker, I reserve the-right to· Calumet River; illinois1 from Lake Michiga-n to.CalnmetLa.ke, toaccompa.ny rep01~t of W ..G. ~g~ United S~s a-ttorney, to the 4-ttorne. -Genenl r& object. specting cessiOn of right of way for unprovement of sa1d river. under. act of The Clerk read as follows: Congress approved July 5, 1884.," is herebyaba.ndoned as navigable water Resolved, eta;, That the President of the-United States be, and he is h-ereby, from a.nd after the time that a. navigable channel shall be cut through said authorized to correspond with the governments of the principal maritim quarte-n section within the new channel lines of the river as shown on the powers with a view of incorporating into the :{>armanentlaw of civilizedna- said map. tions the principle of the ex.emptiou of all pr1vate Jlropertyatsea, not con- The SPEAKER. Is t't.~,.o. obciecti~'.l traband of war; from capture or· destruction by belligerent powers. ili:1..L<7 "' uur Mr. illTT. Now, Mr. Speaker, I pro_pose a. substitute, which Mr: SMITH of Kentucky.. Mr. SpeaJter, reserving the right to the Clerk will read. r object, I ask the gentleman to explain the measure. The SPEAKER. Is there objection? · Mr. MANN. Mr. Speak&, ] ma.y say first the bill has the ap- SMITH f K! tu k I d · t th · ht to 't. proval of the Chief af Engineers of the War Department and i& Mr. 0 en c cy: esrre 0 reserve- eng 6v- unanimously reported from the Committee on Interstate and For- ject until I can hear a further explanation of the bill Mr. HITT I will expTain at tliiH point-, if the crerkwill sus- eigl;l Commerce. There is what-is called a. little" oxbow" in the pend the reading. This is a resohrlion which iS" unanimously re- Calumet River • where the Government obtained by permission. of ported from the Committee on Foreign .Affairs. The hearing of Congress a deed to straighten the channeiQtthe r:tver, cutting off. the resolution shows the gentleman that it merely authorizes· our the oxbow~ A deed was given by the owners of th& property State Department to endeavor to obtain by correspondence with o~ing all the property in that section. It is owned by several other nations their asEent universally to the doctrine as perma- different pooplet-who now wish._ to make partition of it. The ques­ nent public law of the exemption of private property at sea., not tiun. has baeru r~~ by one of.. the attorneys ~ th~ case a~ to contraband of war, from ca~tnre o_r destrnction by belligerent whether the old pmtion _of the nver, the oxbew IS still~ naVIga­ powers. It is a doctrine for which we have striven for one hun.- b~e channel 0~ not. This ~poses to aban.do~ that porti~ll;Of the dred and twenty years-ever since the treaty by Franklin with ~eras a.nav_Igable channel m: aecordance with. the-proVISIOns of 1 Frederick the Second of Prussia in 1785. 1 the: deed,. w.hich were acceiJted by the- War Depa.ttment. several Ml·. SMITH of Kentucky; I have- no fmther objection. 1 years· ago. The SPEAKER. Is there objection?- [After a. pause.] The 00~~SMITH of KentuckyL Th& channel haa been. constmcted Chairhearsnone. TheClerkwillreportthe-amendme-nt; ' M M",..NN W ll t't.!-bill . ·~ that't1 hall otb b The Clerk read as- follows: r. ..a.;..:o •• e · ~ J..~..m- pr_oVIu.es -s .ru e· a au- doned as a nanga.ble channeluntil the new elianneliS completed. Strike out all after the ena.cting clause and insert~ "That ilris the sense of the- Congress o'f tlie United States that it..i.S desira­ I A contract has bean. made for the: new channel, and it. is un-der ble, in the interest of uniformity of: action bYJ the- ma,ritime- states of the 1waynow. world in time of wait, that the-President endeavor to bring: about an under­ ' M'r. SMITH of Kentucky. I have no objection. standing among the principal maritime powers with a view of in.corporntmg into the permanent lawof civilized nations the principle of the- exemption of The SPEA.KER- IS there objection?- [AfteJr a pause.} The all pri~at&property at sea1 nat: contraband of war. from Clloiltu:re or destruc­ Chair hears none. tion by belligerent:>." The bill was ordered_ to be engrossed for a third reading; andbe­ Mr. SMITH of Kentucky. I would like to ask the-ge-ntleman· ing engrossed, it was accordingly read the third time, and pas$(}~ from illinois. a question. Did we not-ha.ve this' measmre up a few On motion of M:r. MANN, a.. motion ta reconsider. the ote. by days ago? which the bill was passed was laid on. the ta.ble Mr. HIT'E. Itr has not been considere~

Mr. SMim of Kentucky L He just s-tepp.ed out,. and I did not A bill (S. 3300) to provide- an. a.dditional d:istrict judge- for- the district. of know whether-it was this measure to which he objected. Alaska, and for other purposes. The SPEAKER. The question is-on ag:re.eing to the amend­ Mr. LACEY. Mr. Speaker, I object to the consideration of ment in the natm·e of a substitnte.. that bill. The amendment was agreed. to-~ The S-PEAKER. Objection is made. The. joint resolution as amended was. ordered to be engrossed: Mr. JONES of Washington. Mr. Speaker, I would like for the for a third reading; and obeing engrossed, it was accordingly read g&n.tleman to withhold his- objection and allow. me to state the the third time and passed. substanc.e of the report of the committee for jUBt a moment. On motion of Jl,fr. HITT. a motion to reconsider the vote by :Mr. LACEY. I think I understand the situation, 1\fr. Speaker; which the joint resolution. was passed was laid on the table. but I will heru.· the gentleman. LOCATION OF THE NAVIGABLE CH.AN}."EL, CALUMET RIVER, ILLIXOIS · The SPEAKER. The gentleman from Iowa objects. AND INDI.AN.A.. GRANTING- CERT..A..rn LANDS- IN' THE STA.TE OF NORTH' DAKOTA, Mr. MANN. Mr. Speaker, I ask unanimous consent for the Mr. MARSHALL. Mr. Speah.--er, I ask unanimous consent for present consideration of the following bill. the present consideration. of the bill H. R. 1001 . The SPEAKER. The gentleman from illinois' asks unanimoUB The SPEAKER. The ~lema.n from North Dakota asks pres· consent for the present- coiLSideration of the bill which the Clerk ent consideration of the bill which the Clerk will report. will report. _ The Clerk read as follows: ' The Clerk read as follows: A bill (H..~· 10018) gr~ting to ~e Sta.to of North Dak.ota. 6-M.l acres of land, A bill (H. R. 13742) in r elation to the location of the navigable channel of the embracmg the White Stone Hills battle1ield and burial ground of soldiers Calumet River, lllinois and Indiana. killed in that engagemen.t. Whereas by deed dated the 30th day of April, 1886, and recorded in the re­ Whereas there was fought on the 3d day of September,l863 a not~d battle corder's office of. Cook County, ill, on the 8th day of April, 1889, in book 2<>'"12 between the Second Nebraska.Cavah·y, commanded by Robert W. Forness, of recordsl a.t page 00., the owners of the nm>thwest quarter of section.OO, the·S.ix.th Iowa.Cavah1 y, commanded by Cal. D.£.. Wilson and one company town.shlp 3'7 north, range 15 east, af the third princi:paJ. me-ridian, in Cook of the Seventh Iowa Cavalry, commanded by Captain Mi'ilard, all under the Countv, lll,&"a.vaand granted unto the United States of America fl-ee and un­ OOJD.IIll!tnd of Brig.. ~· A~ed Sully, and the Siou1"'ndia.ns, at a place known obstrUcted nghtof way in and through. the above-described ground, ax> feet as Wbite Stone Hills, m Dickey County, N. Dak.; and in width, for purposes of a.cha;n:nel for the Calumet-River-, in accordance-with Whereas the remains of a number of soldiers of the Regular Arm.v (be- 1904. CONGRESSIONAL RECORD-HOUSE. 4523 longing to the above-described regiments) who wer~ killed in that engage­ emment has expressed a willingness to have the State of North ment are buried on the said battlefield; and · Wberea it is desired by the citizens of North Dakota to preserve the said Dakota take charge of the burial gound of the dead Federal sol­ bn:r.:al grounds and to suitably mark the graves and to prevent the land from diers. It seems to me this has not been sufficiently considered and pa.'3Sing to private ownership: Therefore is not sufficiently guarded. and unless there be sometlring offered Be it enacted, etc., That the following-described land is hereby granted, sub­ ject to any prior adverse claim.q-. to the State of North D kota, to wit: The by oome people authorized to speak for the Government or the soutbea t quarter of section 7 and the southwest quarter of section 8 and the Secretary of War, unless there are some restrictions put in the northeast qna:rtel' of section 18 and the northwest quarter of section 17, all ill bill showing dearly that the State desires to take care of this township 131 north, of range 65 w·est. solely as a burial ground, or for some other definite purpose, it The SPEAKER. Is there objection? seems not worth while to take up the time in discussing it in this Mr. SMITH of Kentucky. Mr. Speaker, I shall object to the way. consideration of this bill. Mr. MARSHALL. I will say, Mr. Speaker, that this matter Mr. ROBINSON of Indiana. Mr. Speaker, if the gentleman has been reported on by the Department, carefully considered will reserve his right to object for a moment- twice by the Committee on Public Lands, and it was also repm-ted Mr. SMITH of Kentucky. I will reserve the right to object. from the Committee on Public Lands at the last session. I will Mr. ROBINSON of Indiana. May I ask the gentleman who ask the Clerk to read the amendment I have sent to the desk. pre ented the bill: This is a burial grollD.d which the citizens of Mr. DE ARMOND. Reserving the right to object, I would like North Dakota de ire to preserve? . to hear the amendment. Mr. MARSHALL. Yes, sir. Mr. ROBINSON of Indiana: Has it any value except as a The Clerk 1·ead as follows: Insert as follows: burial ground? •• To be used for the pnrpose of a memorial park and burial ground of the Mr. MARSHALL. No, sir; at present the land is embraced in soldiers killed at tha battle of White Stnne Hill." the public domain, and has been subject to entry ever since that Mr. SMITH of Kentucky. As far as I am concerned, Mr. country was settled up. It is: not considered of enough value for Speaker, that covers my objection. anybody to desire to waste a right on it. Mr. DE ARMOND. It should be added that the land is to be Mr. ROBINSON of Indiana. How many soldiers are buried inalienable by the State. there? Mr. MARSHALL. I am willing to have that added. Mr. MARSHALL. The graves of something over twenty sol­ Mr. SMITH of Kentucky. Then, Mr. Speaker, if the gentle­ diers have been found, and there may be others which have not man will add the words suggested by the gentleman from Missouri been located. "to _be inalienable by the State," I have no further objection. 1\!r. ROBINSON of Indiana. It is sought to preserve this as a The Clerk read the amendment as perfected, as follows: burial ground-a historical spot where certain soldiers have been To be used for the purpose of a memorial park and bw-~;round of the buried? soldiers killed at the battle of White Stone Hill, to be · · na.ble by the Mr. MARSHALL. That is aiL State. Mr. SMITH of Kentucky. Mr. Speaker, I would like to ask The SPEAKER. Is there objection? [After a. pause.] The the gentlem:m. from North Dakota if this bill carries in. it any Chair hears none. Where does the gentleman want the amend­ provision limiting the uses and purposes on the part of the State ment to come in? for all time? Mr. MARSHALL. At the end of the paragraph. Mr. MARSHALL. It does not. I will say to the gentle­ The amendment was agreed to. man-- The bill as amended was ordered to be engrossed and read a Mr. SMITH of Kentucky. That is the basis of my objectiont third time, was read the third time, and passed. that there ought to be a clause in this bill limiting the use of it On motion of Mr. MARslrA.LL, a motion. to reconsider the last by the State forthe pnrpose indicated. vote was laid on the table. . Mr. BURKE. Mr. Speaker, if the gentleman will just yield to me for a moment, how much land is involved in this? - EXPLORA.T!ON AND PURCHASE OF MINES wrrHIN THE BOUNDARIES Mr. MARSHALL. Six hundred and forty acres. OF PRIVATE LAND CLAIMS. Mr. BURKE. What 1s the value of itr Mr. RODEY. Mr. Speaker, I ask unanimous consent for the M.r. MARSHALL. It issovaluelessthatnobodyhasattempted present consideration of the bill (H. B. 1954) to authorize the ex­ to :file a homestead on it. ploration and purchase of mines within the boundaries of private Mr. BURKE. Where is it located! land claims. • Mr. MARSHALL. It is about 2() miles from the nearest rail­ The Clerk read the title to the bill. road station of importance, in what is ;known as the" Coteans," The SPEAKER. Is there objootion? , a rough, stony country. Mr. LACEY. Mr. Speaker, reserving the right to object, in Mr. BURKE. It is practically of no value? order that the matter may be fully explained, I would ask the Mr. MARSHALL. Not of much value. gentleman to explain the details of thli{ bill and the reports: made Mr. MONDELL.. Is it not a fac.t that a great many years ago upon it by the Department. the land surromiding this battlefield was taken up, and this land, Mr. RODEY. Mr. Speaker, this is a bill to permit mining being rocky and stony, has never been taken up? upon land grants in New Mexico. Some twelve years ago Con­ · Mr. SMITH of Kentucky. Mr. Speaker, I want to say that it gress organized a Court of Private Land Claims, and in that bill is no use taking up time in discussing this proposition, for I shall provided for what the court should confirm and what it shol11d have to insist on my objection unless there is a clanse put in the not confirm. The act provided the court should not confirm cer­ bill limiting the use of it as I have indicated. I understand that tain minerals in any land grant unless the original grant carried it is of small value now, but no man can tell how valuable it may such minerals to the donee, but that such minerals should remain become. The State may desire to remove the remains of the the property of the United States until such time as Congress people buried there some time and dispose of it at a sale or some- should give leave to citizens to mine for the minerals. thing of that kind. . This act is intended to give that leave~ The Department of the Mr. MARSHALL. Mr. Speaker, I have no objection whatever Interior has reported adversely twice on this bill. but, nevertheless, to the amendment, and I have such an amendment read-y to offer. the Committee on Mines and Mining of this House has repm'ted However, the Committee on Public Lands considered this matter unanimoUBly in favor of the bill. The Department of the Inte1ior very carefully, and they thought it was unwise to put in the bill construes the law, where Congress says that the mines and min­ the limitation suggested by the gentleman for reasons of their erals referred to shall be reserved to the United States in the own. I am perfectly willing, however, to offer an amendment to patents, to mean mines known at the time the patent was issued comply with the ideas of the gentleman from Kentucky. to the grantee, and not mines or minerals that might afterwards Mr. SMITH of Kentucky. I have great respect for the Com­ be discovered. mittee on Public Lands, but I think a limit ought to be placed on The departmental lawyers, or whoeverpassed upon that matter this bill. in the Department of the Interior, so held twice, and in spite of Mr. DE ARMOND rose. that the committee of this House holds the contrary view. In The SPEAKER. . Does the gentleman from North Dakota yield any event. the bill can do injury to no one. These are vast tracts to the gentleman from Missouri? of land, where we believe in New Mexico the Government still Mr.MARSHALL. Certainly. owns the mineral. U :qde1· the provisions of this bill no miner or Mr. SIDTH of Kentucky. I yield, Mr. Speaker, as far as I am prospector can go in anybody 's inclosed fence or in anybody's concerned. back yard, but when he goes on the wild lands and locates a Mr. DE ARMOND. Mr. Speaker, as I caught the reading of mining claim, then he tenders a certain amount in payment to this measure there is no requirement in it with reference to the the owner for the regulation amount of surface ground, and if State or anybody else in reference to the preservation or dispo~i­ the· owner does not take it, the miner then proceeds to condemn. tion of this p1·operty. I do not know that there is any evidence it under the laws relating to eminent domain. that the War Department or any other Department of the Gov- The first case where any controversy arises will go to the courts, 4524 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

and of course that will settle the question forever as to whether is out of abundance-of caution that we are providing that the the Government of the United States meant anything-at least purchaser shall pay for the surface land, because that belongs to anything worth speaking of-in this act of Congress in which it the man who has the surface title. It can do no injury to any­ was said it would reserve this mineral to the United States. body. That, in brief, is all there is to this act. It is simply an effort to Mr. 1\fADDOX. It is very strange that the Secretary of the supply legislation which Congress promised to pass years ago. Interior would not indorse it. Mr. MADDOX. I think we had better get th~t report from the Mr. RODEY. I have tried to explain to the gentleman-­ Secretary of the Interior. Get it read. Mr. MADDOX. Let us have the Secretary explain it himself. Mr. RODEY. It is there in the report, and the Clerk will read Mr. RODEY. Yery well; I ask for the reading of the bill and it. It reviews the whole matter. report. · 1\Ir. SMITH of Kentucky. Do I understand the gentleman The Clerk proceeded to read the bill and report, which are as that no prospector can locate a mine within land that is actually as follows: inclosed? Be it enacted, etc., That hereafter all gold, silver, and quicksilver deposits, Mr. RODEY. No; he cannot go in anybody'sinclosure or any­ or ntines, or minerals of the same, on lands embraced w1thin any land claim confirmed, or hereafter confirmed, by the decree of the Court of Private body's back yard, according to the terms of the bill itself. Land Claims, and which did not convey the mineral rights to the grantee by Mr. SMITH of Kentucky. But he can go on their uninclosed the terms of the grant, and to which such grantee has not become otherwise property. entitled in law or in equity, are hereby declared to ba free and open to ex­ ploration and purchase, under the mining laws of the United States, the local Mr. RODEY. Yes; on those vast tracts of land down there mining laws and relnllations, and such regulations in addition thereto and forming these land grants the land is such that you can not tell it consistent therewitli as may be prescribed by the Secretary of the Interior from the rest of the public domain. The bill preserves every right from time to time, by citizens of the United Stat~s and those who have de- clared their intention to become so. . of the surface owner, and is so drawn that injury can not be done SEc. 2. That any person qualified to acquire title to such mineral deposit to anyone. 'under the provisions of this act, who shall have first discovered and located .M"r. SMITH of Kentucky. And if he finds a mine- any such mineral claim by posting thereon a notice of such discovery and lo­ cation, and by marking the boundaries thereof by visible monuments upon 1\Ir. RODEY. He locates it and tenders an ordinary price of the surface of the ground, at any time since the 3d day of March, 1891, and $2.50 per acre. If the owner takes that, it. ends the matter. If he prior to the passage of this act, shall, within ninety days after the passage • does not, the miner proceeds to condemn the land. of this act, and any such discoverer and locator subsequent to the passage of this act shall, within ninety days after the posting of the notice of location Mr. SMITH of Kentucky. And pay the owner whatever is as­ and marking the boundanes of any such claim, record the location notice sessed? thereof in the office of the recorder of the county within which such claim is Mr. RODEY. Yes. situated, and shall otherwise comply with the mining laws of the United States and the local laws and regulations applicable thereto, and in addition Mr. MADDOX. Do I understand the gentleman to say that if thereto shall comply with such regulations as may be prescribed by the Sec- a man invests in a large body of land in his Territory and some retary of the Interior. - other gentleman comes along and discovers a mine on it the latter SEC. 3. That any person qualified to acquire title to such mineral deposits under the provisions of this act shall have the right to enter in and upon the can go ahead and condemn the property? lands, if not cultivated and improved embraced within such private land Mr. RODEY. No; not in that sense. The purchaser who buys claim, for the purpose of explormg and prospecting the same for such min­ the land grant is presumed to know he only gets the ~urface ground. eral deposits, and posting notices and marking the bOundaries of {lollY mineral claim to which he may seek to acquire title, and shall enly be liable to the Mr. MADDOX. Whether the owner wants him to or not? owner or owners of such land for the actual damage thereby done to the Mr. RODEY. There were many of these grants wherein the same. minerals went with them. There were many others where the SEC. 4. Tba.t the locators of all such mineral claims shall, within the said period of ninety da.ys.J take steps to acquire the lawful right to use the sur­ mineral was not on the deed that Spain or Mexico gave to the face ground embracea within the limits of such claim and necessary acces.~ original grantee, and it is as to those grants where the mineral is thereto~ and they are hereby authorized to acquire the same by condemna­ still held by the United States that this bill refers. The language tion unaer judicial process: Provided, That before beginning such condemna­ tion proceedings the locator shall tender to the owner of the land in which - of the act of Congress is in the report. A reading of the report such mineral claim is located the sum of $2.50 an acre in fullt>ayment for the will give full information as to what was reserved. . said surface ground, and the receipt of such sum by the owner of the land Mr. MADDOX. Is the gentleman goingtohavethereportfrom shall authorize the immediate entry of the locator upon such land. SEc. 5. That the United States circuit court, or diStrict courts of the dis­ the Secretary of the Interior read? trict, and the Territorial courts of any Territory of general jurisdiction Mr. RODEY. Yes; if the gentleman desires it. within the district where said land is located sliall have jurisdiction of such Mr. MADDOX. I want to hear it. proceedings for such condemnation. SEC. 6. That the vractice, pleading, and mode of proceedings in cases arf.s. Mr. RODEY. I will yield now, before that is read, to the gen- ing under the proVlSions of this act shall conform, as near as may be, to the tleman from Iowa [Mr. LACEY]. • practice, pleadings, forms, and proceedings existing at the time in causeS for Mr. LACEY. Mr.Speaker,Ithink'theHouseoughttofullyun­ the condemnation of land for railroad purposes in the courts of record in the State or Territory within which such land is situated, any rule of the court derstand this matter. Under the Spanish law when a grant was or local law to the contrary notwithstanding. made of land, in some cases the mineral was· reserved to the SEc. 7. That this act shall take effect and be in force from and after its Crown-that is, all precious metals. This bill applies only to passage. those Spanish land grants in which the Spanish Crown reserved the titles to the mineral. The title to the minerals afterwards be­ [Honse Report No.18S5, Fifty-eighth Congress, second session.] EXPLORATION AND PURCHASE OF MINES WITHIN THE BOUNDARIES OF longed to the Republic of Mexico, and from the Republic of PRIVATE LAND CLAIMS. Mexico, under the treaty of Guadalupe Hidalgo, went . to the March 24, 1904.-Referred to the House Calendar and ordered to be printed. United States. The Court of Private Land Claims has settled Mr. ScoTT, from the Committee on Mines and Mining, submitted the fol­ lowing report (to accompany H. R. 1954): the title to a great many of these land grants as to the surfa<:e, The Committee on Mines and Mining, to which was referred the bill (H. R. but the mineral still remains in the Government, as before. 1954) to authorize the exploration and purchase of mines within the bounda­ Now, under the law creating the Court of Private Land Claims ries of private land claims, beg leave to report: That they have had the same under consideration, and now unanimously the question arises as to the effect of the pat.ent, which in terms report the same back to the Honse with the recommendation that the same reserves these minerals. The land-court law provided that when do pass with the following amendments: the patent vested the title in one or the other of the claimants, In section 1, line 5, after the word "confirmed" and before the word "by," insert the words "or hereafter confirmed." it should g1·ant no right to dig the mineral until such time as In line 6, after the word "claims," strike out the remainder of the line and Congress would permit that to be done under legislation there­ all of line 7, to and including the word "thereof," and insert "and which did after to be enacted. In a great many of these cases the mineral not ~nvey the mineral rights to the grantee py the. tenJ?.S of the ~rant, and to wh1ch such grantee has not become otherwiSe entitled m law or m eqmty." belongs to the Government, or it is so claimed, and no one is per­ And as reason for this report the committee respectfully states that it mitted to work it b~cause of the construction put upon the pri­ has examined into the law, facts, history, and conditions which it was claimed vate-land-court law by the Department of the Interior, and the made the passage of such a bill neceSS&ry and desirable, and find: That Congress passed an act, commonly known as the "Court of Private lack of a permissive statute such as the one now proposed. The Land Claims act," on the 3d of March, 1891 (26 Stat. L., 854), for the settlement only effect of this bill, if it becomes a law, would be to open up of pri\ate land claims situated principally in the Territory of New Mexico the question, so that the public would locate upon the mineral but some few being in Colorado and Arizona. The titles to these pri\ate land claims had remained in an unsettled condition ever since the acquisition of that is claimed to now belong to the United States instead of the New Mexico and surrounding land from Mexico by the treaty of Guadalupe owners of the land grants, and of course the holders of the land Hidalgo in 1848. . . grants would subsequently litigate that question with the discov­ The act of Congress referred to creating the CoUl't of Pr1vate Land Claims . is a very lengthy one and provides with great detail for the organization of erers of the mineral. At present that law is locking up the min­ the court and the presentation to it of all claims and the manner of J?roced­ eral which belongs to the United States from exploration except ure, and t~en goes on to say what the court shall confirm to the clauna.nts by the owner of the surface. and what It shall not confirm. A bill similar in import to the one now being considered (H. R. 9050) was Mr. MADDOX. If it belongs to the United States, why is it introduced in the Fifty-seventh Congress, and after having been referred to proposed to condemn it and pay the owner of the land? this same committee and an elaborate hearing had thereon a report was Mr. LACEY. Only the surface has been granted under their called for by the committee from the De~rtment of the Interior. That De­ patents to these land-grant owners. The case is unique. Con­ partment reported adversely upon the bill by the following letter: DEPARTMENT OF THE INTERIOR, gress prevented' citizens from mining this mineral until it should Washington, June 19, 190!. give them the right by act of Congress, which it promised to do Sm: As requested in your communication of June 2, 190'2, tlie Department by later on enacting such a law as we are asking for, and it has considered House bill No. 9()j(), the object of which is to "authorize the 1904. CONGRESSIONAL RECORD- HOUSE. 4525 exploration and purchase-of mines within the boundaries of private land This section if amended as proposed would read as follows: claims," and begs leave to submit the following report upon the same: "That hereafter all gold, silver, and quicksilver deposits, or mines, or min- - The first sectiota of the- bill is as follows: erals of the same, on lands embraced within any land claim confirmed, or " Be it enacted, etc., That hereafter all gold, silver, and quicksilver deposits, hereafter confirmed, by the decree of the Court of Private Land Claims, and or mine!', or minerals of the same, on lands em braced within any land claim which did not convey the mineral rights to the grantee by the ~rms of the confirmed by the decree of the Court of Private Land Claims, or as to which grant, and to which such grantee has not become otherwiSe entitled in law a suit for confirmation shall be pending in any court having jurisdiction or in equity, are hereby declared to be free and open to exploration and pur­ thereof, are hereby declared to be free and open to exploration and pur­ chase under the miuing laws of the United States * * *·" chase, under themming laws of the United States, the local mining laws and In your communication you say: regulations, and such regulations in additio_n thereto and consistent there­ "This amendment is taken from the second paragraph of page 4 of letter with as may be prescrib e~ by the Secretary of the Interior from ti~e.to inclosed, it being stated that legislation of this character would be appropri- time, by citizens of the Umtei States and those who have declared their m­ ate, in the judgment of the Department." - tention to become roo." The letter of the Department referred to is dated June 19, 1002, and was By the other sections of the bill certain modes of procedure are proposed written in response to a communication of June 2,1902, from the House Com­ for carrying into effect the provisions of the first section. mittee on Mines and Mining (Fifty-seventh Congress), requesting a report on The proposed legislation. IS based upon se_ction 13 (third subdivision) of the H. R. 0050, which was similar in purpose and, except as to the suggested act of March o, 1891 (26 Stat. L., 854, 800), entitled "An act to establish a Court amendment, similar in terms to that of H. R. 19M. of Private Land Claims, and to provide for the settlement of private land The Department, in its letter of June 19, 1902, for the reasons therein claims in certain.States and Territories," and where it is provided: stated, and for other reasons not deemed at the time necessary to mention, " No a.llowance or confirmation. of any claim shall confer any right or title declined to approve said H. R. 0030, and, among other things, stated in para­ to any gold, silver, or quicksilver mines or minerals of the same, unles..<~ the graph 2, page 4: grant claimed effected the donation or sale ·of such mines or minerals to the "Legislation making provision for the working of all mines of gold, silver, grantee, or unless such grantee has become otherwise entitled thereto in law or quicksilver which were known at the date of the comfirmation of any or in equity; but all such. mines and minerals shall remain the property of claim to exist within its limits, and which were not conveyed to the grante-e the Umted States, with the right of working the same, which fact shall be by the terms of the grant, and to which be has not become otherwise entitled stated in all patents issued under this act. But no such mine shall be worked in law or in 'equity, would, in the judgment of the Department, be appro- on any property confirmed under this act without the consent of the owner priate legislation." · of such property until specially authorized thereto by an act of Congress The suggested amendment does not meet the objections which influenced hereafter passed." the Department in withholding its approval of H. H. 0030, nor, in its opitrion, After careful consideration, of- the subject, the Department is of opinion. does such amendment render H. R. 1954 "appropriate legislation" within the that only mines of gold, silver, or-quicksilver, or minerals of the same, known purview of section 13 (third subdivision) of the act of March 3, 1891 (26 Stat. L., to exist within a confirmed private land claim at the date of its confirmation, t!54, 860), entitled "An act to establish a Com·t of Private Land Claims, and to and not the property of the grante-e by the terms of the confirmed grant, or provide for the settlement of private land claims in certain States and Terri- otherwise, in law or in equity, were by said act declared to remain the prop­ tories." This subdivision reads as follows: • erty of the United States, the working of which mines, after confirmation of "No allowance or confirmation of any claim shall confer any right or title the grant, and without the owner's consent, was to be provided for by future to any gold, silver, or quicksilver mines ar minerals of the same, unleS!! the legislation. This construction appears to be a reasonable one and one which grant claimed effected the donation or sale of such mines or minerals to the it seems to the Department will effectuate the purposes of the act. grantee, or unless such granroe bas become otherwise entitled thereto in law Considerations of equity and justice, as well as the stability of titles based or in equity; but all such mines and minerals shall remain the property of upon decrees of confirmation rendered by the Court of Private Land Claims the United States, with the right of workin<>' the same, which fact shall be and patents issued in pursuance thereof, require that there shall be a time stated in all patents issued under this act. (But no such mine shall be worked with respect to which such titles must be considered as settled. This could on any property confirmed under this act without the consent of the owner not be so if the view should obtain that all lands in claims confirmed by the of suc:'l property until specially authorized thereto by an act of Congress court, and patented by the Government, are nevertheless to be free and open hereafter passed.)" ' to exploration for gold, silver, and quicksilver deposits, or mines or minerals It is plainly manifest from the abo\e language that Congress intended to of the same, under the mining laws of the United States, as the bill in ques­ except from public land grants only such lands upon which, at the time of tion proposes to declare. It is not believed that such was the intention of confirmation, there wei"!:l known to exist mines which contained gold, silver, Congress in the enactment of the above-quoted provision of the act of March or quicksilver; and, in view of the language in said concluding sentence, it is 3 1891. evident that theoperationof the mining laws was intended by Con~rress to be ' Tliis view is strengthened by the declaration in the act that no such mine ....withdrawn from lands so exdipted, and, without the consent of the owner of shall be worked on any confirmed claim without tbe consent of the owner a co~firmed private grant, the claimant of a mine c•f _gold, silver, or quick- · thereof until specially authorized by a future act of Congress. What Con­ silver on land so excepted can not work the S!l,me ''untll specially authorized gress had in mmdevident.ly was the reservation and future working of mines by an act of Congress." . of gold. silver, or quicksilver existing within the limits of a confirmed claim Legislation by Congress which undertakes to confer upon citizens of the at the time of confirmation. The act deals with gold, silver, and quicksilver United States, and those who have declared their intention to become such, mines, and minerals of the same; that is, minerals of the mines. To properly the right to enter upon lands within a confirmed private land grant for the come within the designation of mines the existence of the minerals referred purpose of exploring or prospecting the same for gold, silver, or quicksilver, to must have been known at the date of the decree of confirmation. not known to exist thereon at the date of the confirmation, would not be "ap-­ It is not in terms declared that no allowance or confirmation of any claim propriate legislation" within the purview of said subdivision. The yroposed shall confer any right or title to minerals of-gold, silver or quicksilver not H. R. 1954, amended as suggested, does undertake to confer upon citiZens and known to exist m the land at the time of confirmation of the claim, and which others the right to enter upon, prosv.ect, and explore any part of a private may be discovered after confirmation and patent. To so construe the act land grant for gold, silver, or quicksilver not known to exist at the date of would tend ·to disturb and render uncertain all titles issued upon decrees of confirmation, and for this rea.son alone the Department could not approve confirmation made by the Court of Private Land Claims. It can not be con­ the proposed bill. But it is objectionable for other reasons. It undertakes sidered that Congress contemplated a result so unreasonable and so mani­ to confer upon private parties for other than public purposes the right of festly out·ofnarmony with all previous legislation relating to the dispesal of eminent domain. the public lands in the absence of languago plainly and unmistakably ex­ While it is now settled lawthat the Federal Government may exercise the pressive of such inten.tfon. There is nothing m the statute which requires right of eminent domain over private property within the States or Terri­ or would warrant such a construction. tories, so far as it is necessary to the enjoyment of the powers conferred upon - The future legislation contemplated by the act relates only to the working it by the Constitution (see ~obe et al. v. United States, 91 U. S., 367), yet it is ­ of "mines-or minerals of the same;" that is, to develop claims and tbe min­ equally well settled that neither Congress nor a State legislature can confer erals therein-mines and minerals, which bad been discovered at the time of such right for purely private purposes. (Mills on Eminent Domain, sees. 10 confirmation and not to minerals which were then wholly unknown and and 11.) which may be found many years after the confirmation and after the issu­ If private parties are legally given the right, by act of Congress, to work ance of patent by the Govel'llment. Le~islation making provision for the mines of gold, silver, or. Quicksilver on confirmed private land grants, ways working of all mines of gold, silver, or qmcksilver, which were known at the of necessity to and from the mines will, by operation of law, e1£st over the date of the confirmation of any claim to exist Within its limits, and which lands surrounding said mines. (Tiedeman on Real Property, enlarged edi­ were not conveyed to the grantee by the t-erms of the grant, and to which he tion, sec. 609.) has not become otherwise entitled, in law or in equity, would, in the judgment Very respectfully, E. A. HITCHCOCK, of the Department, be appropriate legislation. Secretary. Many private-land claims-havebeen finally adjudicated and patented under Hon. WEBSTER E. BROWN, the act of March 3, 1891. To hold that the titles thus granted by the Govern­ Chairman Committro on Mines and Mining, House of Representatives. ment are liable to be in'Nbole or in p_art subverted and rendered nugatory by future discoveries in the patented 1imds of valuable deposits of gold, silver, Notwithstanding those two adverse rep~rts upon the bill by the Depart­ or quicksilver, as would have to be doae to support the bill under considera­ ment of the Interior, the committee is of the opinion that it should pass with­ tion; would be in direct contravention of what has come to be regarded as the amendments above suggested. settled law, supported by a Ion~ line of judicial and departmental decisions, The committee is unable to agree with the construction put upon the third that when a person once establishes his right to a patent from the Govern­ subdivision of section 13 of the act of Congress of March 3, 1891, creating the ment for a portion of the public domain he thereby acguires a vested inter­ Court of Private Land Claims, as such construction-is above set out in the _ est in the land to which title is sought; and if the land lS not then known to co~tnication from the honorable Secretary of the Interior. The Commit­ contain valuable deposits of minerals, no discoveries of minerals thereafter tee believes that the said subdivision of said act of Congress was intended tO · made therein, either before or after the actual iSsuance of patent, will in any mean and does mean that all the minerals of the character described in the • manne1• affect his right to a patent for the land or his right to and exclusive act, in every private land claim where such reservation of minerals was ownership of all such subsequently discovered minerals. · made in the Government, is still the property of the Government; and it is It is not believed that by the act of March 3 1891, Congress intended to of opinion that whenever any claim!l.nts for a land grant submitted himself­ make so gr--a.ve-a departure from long-established principles and precedents to the jurisdiction of ttle Court of Private Land Claims he was bound by its governing the disposal of the public lands. - decree, which reserved the minerals to the Government, with the right to For these reasons I can not approve the proposed bill. work the same by legislation subsequently to be ~ssed. · --- - Very respectfully, - · Congress promisea the people living in .the Vlcinity of these land grants E. A. HITCHCOCK, Secretary. that it would permit them, by legislation at some future day, to ava,il them-. Hon.FRANKM.EDDY, _ selves of these-mineral lands. It is the opinion of the committee that if such Chairman Committee on Mines and Mining, prohibition had not been made citizens might have proceeded to avail them· _ House of Representatives. selves of such mineral ground in the usual way without interruption. The committee can not agree with the Department of the Interior that tlle When the present bill was introduced another hearing was had upon it, effect of this bill would be to permit the taking of private ,Property for pri- . during which the Delegate from New Mexico-made an elaborate argument vate use but, on the contrary, it is of opinion that the taking of these·min-· in its favor1 and the committ-ee again,-after making· some slight suggested eral landS is the takjng of public property for the widest kind of a public amendments in the bill, sent it to the Department of the Interior for its use-that is, the benefit of the entire citizenship of the_United Stat~$. views. The Department again reported adversely upon the bill by the fol- In any event the bill is equitably worded and makes ample cozp.pensation . lowing letter: · · to the owners of the surfa.ce ground for the use of such portion as may be nec­ DEP.A.RTMENT OF THE INTERIOR, essary to the working of any mine, and the bill itself prevepts progpectors Washington, March 19, 190/,. from entering upon cultivated ground or within inclosures for the purpose Sm:. The Department has considered H. R. 19M (Fifty-eighth Congress) of searching for minerals. with the suggested amendment to section 1 thereof referred to in your com­ The committee is also of opinion that the passage of an act such as this is · munication--of February 26, 19(){.. will result in the final settlement of this question, ,..hich appP.ars to be o! 4526 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

very grave impo:rta.noo to the eommunities where these -prtvate larui claims HollBe resolution No. 218 was 1·ead, as follows: · are situated. in tbat the fi.n;t test ca.se that is brought to the court ·of last resort will forever settle the question as to whether or not the contention of Resolved, That the Committee on Rivers and Harbors are authorized to the Department of the Interior is right--that the reservation made in the -employ an assistant clerk, at the t'ate of 1,(00 per annnm, to be paid from subdiVl.Sion of t.he Court -o1 Private Land Claims act, above referred to, the contingent fund of the House until otherwise provided. :means only mines that were known at the time of the issuance of the patent, The SPEAKER (having put the question on agreeing to the reso~ and which were particularly described ·and specifically exc.epted from the patent itself. 1ution). The ayes seem to have it. The committee. taking this view of the ma.tter, eonsiders the passage of Mr. MADDOX. I call for a division. this legislation ag a righteous act, and therefore respectfully recommends that The question being again taken, there were-ayes 65, noes 17. fue~~p~. · Mr. MADDOX. I make the point of order that there is no quo- Mr. .MADDOX (before the reading was concluded). Mr. rum. I do not make this point in any captiollB sphit; but as the Speake1\ so far .as I am individ:nally concerned, I have heard Committee on Rivers and Harbors has reported no river and har­ . enough of this report to warrant me in insisting on the objection. bor bill up to this time, and as we are informed they are not going I do not think that such a bill ought to be passed by unanimous to do it, I for that reason demand that a quorum shall be "Present consent. to vote on this proposition to employ an assistant clerk for that .Mr. RODEY. I ask the gentleman to hear the report read to committee. its conclusion. :M:r. HUGHES of West Virginia. 'Mr. Speaker, I will say for Mr. MADDOX. It will not do a particle of good; it will only the information of the House- be a lLSeless consumption of time. I have heard enough of the The SPEAKER. The gentleman can not proceed except by report to know that this bill should not be passed in this way. unanimollB consent, but the Chair hears no objection. The SPEAKER. Objection is made. Mr. HUGHES of West Vrrginia. I wish to say for the infor­ • PDRT OF ENTRY, GULFPORT, MISS, mation of the House that the River and Harbor Committee will 1\Ir. BOWERS. ldr. Speaker, I ask nnanimom consent for the have a bill embracing appropriations to the amount of more than present consideration of House bill10956. $3,000,000, which will continue the river and harbor work. The bill was read, as follows: It is trne they will have no regular appropriation bill, such as A bill to amend sectioM 2566 and 2567 of the Revised Statutes of the United is usually called" the river and harbor bill;" but the bill which States, 1818. so as to remove the port of entry for the district of Pearl they are preparing entails just as much work as the regular bill, Ri>~r from Shieldsboroto Gulfport, and fo1· other purposes. and will do the country jlLSt as much good. I will say further Be it enacted,'etc .• That section 2566 of the Revised Statutes of the United that-- States, 1878, be, and the same is hereby, amended o as to read as follows: ~Ir. MADDOX. Instead of appropriating $100,000,000, as we "SEc. 255fi. There shall be in the State o1 Mississippi three collection dis­ tricts, a.s follows: have done heretofore for river and harbor work, it would have "First. The district of Pearl River, which comprises an the waters and done just as much good, according to the argument of the gen­ shore of ilia Gulf of Mexico and of Lake Borgne, within the State, in which tleman from West Virginia if we had appropriated only $3,000,000. Gulfp:>rt shall be the port of entry, and Pearlington, Ship Island, Scranton, and Rorn Islnnd ports of delivery. I insist on my point of no quorum. ' u Second. The district of Natchez. to comprise all the waters and shores The SPEAKER. There is evidently no quorum present. of the Mississippi River within the State of Mississippi south of the range Mr. HUGHES of West Virginia. I withdraw the resolution. line between townships ]3 and U, in which Natchez shall be the port of entry and Grand Gulf a. port of delivery. Mr. MADDOX. Now I demand the regular order. • Third. The district of Vicksburg,_ t-o comprise all the waters and shores The SPEAKER. Does the gentleman from Georgia [Mr.MAD­ of the 1\fississippi River within the z::>mte-of Mississippi north of the range DOX] withdraw the point of no quorum? line between townships 13 and U, in which Vicksburg shall be the port of entry.'' Mr. MADDOX. I do so with the understanding that I demand SEC. 2. That section 2567 of the Revised States of the United States, 1878, the regular order. be, and the same is hereby, amended so as to .read as follows: The SPEAKER. The gentleman can make that demand at any "SEC. 2567. Thm-e shall be in the collection districts in the State of Missis­ sippi the following officers: point in the proceedings of the HolLSe when it is appropriate. The "'First. In the district of Pearl River, a collector who shall reside at the gentleman from West Virginia [Mr. HUGHES] withdraws his port of G, ulfport, a depntycollectorwhoshall.reside at .Bay St. Lonis (Shields­ resolution, and the gentleman from Georgia [Mr. MADDox] with­ boro) a deputy collector who shall reside at Scranton or Pascagoula, as the Secretary of the Treasury shall designate, and a deputy collector who shall draws the point of no quorum. reside at Biloxi. together with snell other offi.eers as ma.y be necessary for the proper performance of the business of the district, who shall be designated COMPENSATION OF HUNTER L. JOHNSON, and appointed by the Secretary of the Treasury. Mr. HUGHES of West Virginia. Mr. Speaker, I rise to pre­ "Second. In the district-of Natchez, a. collector who shall reside at Natchez. "Third. In the district of Vicksburg, a collector." sent another privileged report. SEC. 3. That this a.ct take effect and be in force from and after its passage The Clerk read Honse resolution No. 287, reported from the The amendments reported by the Committee on Ways and Committee on Accounts, as follows: Resolved, TMt the Clerk of the House be, and he is hereby, directed and Means were read, as follows: .authorized to pay, out of the contingent fund of the House, the sum of 61.29 Strike out the word" Pearlington," in line 12, page L tx> Hunter L. Johnson, secretary o:f the la.te Charles W. Thompson, being the At the end of line 25, page 2, insert the following: amount due for clerk hire fox the month of March. 190!, a.nd up to the time 11 Provided, That the Secretary of the Treasury shall have the right to fix of death of said Thompson, which occurred March20, 190!. the compensation of such deputy oollectors and of such other officers; that he is by this bill authorized to designate." The question being taken, the resolution was agreed to. There being no objection, the HollBe proceeded to the considera­ :BEECHER ISLAND BATTLE MEMORIAL ASSOCIA.TIO:N, tion of the bill. Mr. BONYNGE. Mr. Speaker, I ask unanimous consent for The amendments were agreed to. the present consideration of the bill (H. R. 10101) for the cession The bill as amended was ordered to be engrossed and read a of 120 acres of land to the Beecher Island Battle Memorial Asso~ third time; and was accordingly read the third time, and passed. ciation. , On motion of Mr. BoWERS, a motion to reconsider the vote by 1\lr. MADDOX. Mr. Speaker, is this the regular order? wbillh the bill was passed was laid on the table. Mr. BONYNGE. I hope the gentleman will not insist-­ SEAL FOR UNITED STATES COMMISSIO~ERS. The SPEAKER. For what purpose does the gentleman from Mr. DALZELL. I ask unanimous consent for the present con­ Georgia rise? sideration of the bill (H. R.13924) to provide a seal for the United Mr. MADDOX. To demand the regular order. States Commissioners. The SPEAKER. The regular order is demanded. The bill was read, .as follows: STATEHOOD BILL. Be it enacted, etc., That each United States commisstoner shall provide )limself with an official impression seal,·which said seal shall be affixed to Mr. HAMILTON, n·om the Committee on the Territolies, re­ each jurat or certificate of the official acts of said cOJlllilissioner. ported a bill (H. R.14749) to enable the people of Oklahoma and of "The amendments reported by the Committee on the Judiciary the Indian Territory to form a constitution and State gove1nment were read, as follows: and be admitted into the Union on an equal footing with the After the word "seal,~• in line 4., insert the wo1·ds "to be prescribed by the original States, and to enable the people of New Mexico and Ari­ Attm'ney-General" zona to form a constitution and State government and be ad­ At the end of the bill insert "but no increase of fees shall be allowed by Qqual reason thereof." mitted into the Union on an footing with the people of the original States; which was read a first and second time. There being no objection, the Honse proceeded to the considera- Mr. MOON of Tennessee. Mr. Speaker, I desire to present tion of the bill. ' the views of the minority on the bill j11St referred to by the gen­ . The proposed amendments were agreed to. tleman from Michigan, and ask that these views be printed with The bill as amended was ()l'dered to be engrossed and read the the report of the majority. third time; and it was accordingly rea.d the third tb:iie, and passed. The SPEAKER. The gentleman from Tennessee asks unani~ ASSISTANT CLERK FOR COMMITTEE QN RIVERS AND HARBORS. mous consent that the views of the minority be published with Mr. HUGHES of West Virginia. I rise to present a privileged the report. Is there objection? 1·eport. I ask the Qlerk to read the resolution which I send to There was no objection. the desk. The SPEAKER. The bill and report, with the viewo of the 1904. CONGRESSIONAL RECORD- HOUSE.

minority, will be referred to the Committee of the Whole Honse class alone. It is not an attempt to array one class against on the state of the Union and ordered to be printed. another. The welfare of the rich is ultimately dependent upon DELEG .lTE FROM ALASKA. the welfare of the whole country. Industrial efficiency depends very much upon nutrition, and, in the vigorous language of the And then, on motion of .Mr. HAmLTON, the House resolved it­ late Francis A. Walker," What the employer will get out of his self into the Committee of the Whole House on the state of the workman will depend very much on what he first gets into him." Union for the further consideration of the bill H. R. 13356, the I was surprised, sir, at the light and easy way in which the gen­ Alaska Delegate bill, with Mr. PERKINS in the chair. tleman from Illinois [Mr. BouTELL] , in a speech delivered early Mr. LLOYD. I yield fifteen minutes to the gentleman from in the session, brushed aside a question as to the increase of the Rhode Island [Mr. GRANGER]. cost of living with a bare denial. I have attempted to discover Mr. GRANGER. Mr. Chairman, for some years past theRe­ whether the popular impression as to a rise in the cost of the nec­ publican party has given as the reason why it should be con­ essaries of life is well founded. Let us examine, then, Mr. Chair­ tinued in power t.he economic condition of the country. It took man, into the charges that the cost of living has increased while unto itself the credit, not only for the vast fortunes created by a the average wage has decre~sed. ·system of law taxing the whole country for the benefit of a com- parative few. but it claimed the results of abundant harvests, of COST OF LIVING-NONP.A.RTIS.AN AUTHORITIES. sunshine and rain, as though those gifts of an all-wise Provi­ Now, first as to prices of commodities and cost of living. The dence were clauses in the Dingley bill. most reliable, accurate, and scientific authorities in this country It called on the whole country to behold and wonder at the on this and kindred subjects are the two well-known commercial prosperity which was manifest in billion-dollar corporations and journals, Dun's Review and Bradstreet's. They are thoroughly claimed credit for a mushroom growth that multiplied many impartial and unpartisan, and their statements are universally times the listed values of securities on the stock exchange, with­ accepted as true. Both these authorities in their regular monthly out stopping to inquire whether values had been correspondingly report on the business situation for March, 1904:, state that the increased. It is natural, Mr. Chairman, for a political party to general level of prices is now at the highest average for more than lay claim to whatever happens during its continuance in office twenty years past. The monthly statements in Dun's Review, which tends toward the welfare of the country, but it is no less made on the first Saturday of every month, are based on careful true that the party in power must face not only pleasant but un­ quotations of the wholesale prices of 350 leading commodities, pleasant conditionfio and that if a party is to ask continuance in and show what the annual per capita cost of living is so far as office because of prosperity it must not complain if the people these 350 articles are concerned as calculated on these various ask why it should not be driven from power when conditions monthly bases. · change and seeming prosperity ceases. The figures, or ''index numbers,'' as they are called, for certain Already, Mr. Chairman, if we leave out of account those por­ specified dates since 1890, are as follows: tions of om: country that are dependent upon a prosperous seed time and harvest-already, I say, has the boasted prosperity of 1902 shown its hollowness. One great corporation after another who e "dress-window" circulars had deceived. a public made credulous by Republican assertion of the prosperous era which ~~~:~=~~!~~;;;;~;;;;~~~: ~ ;;~;;= ~~;~i !;;;~;~! ~;;; ;; ~;;; ;m ~~;; ~: m expanBi.on and the tariff had brought about and which was never to end, if only the Republican party were kept in power, has be­ ~~~~1 1~~:::::::::::::::: :::::::::::::::::::::::::: ::::':::: :::::::::: }~: ~ gun to shrink to something like its true proportions, but the in­ Mr. BAKER. Will the gentleman from Rhode Island yield jury to the country at large has been done. for a question? REPUBLICAN PARTY RESPONSIBLE FOR TRUSTS. Mr. GRANGER. Certainly. It can not be truthfully said, Mr. Chairman, that the Repub­ Mr. BAKER. Do I understand the g-entleman to contend that lican party is free from responsibility for these conditions. this increase in the prices of commodities and decrease in the rate Trust after trust was organized because of the protection it re­ of wages have gone on under a Republican Administration? ceived from the tariff laws of the United States, because these Mr. GRANGER. lam giving the gentleman facts, Mr. Chair­ laws allowed it to charge such exorbitant prices ·at home that man, which show that to be the case, and facts that come from an their manufactured surplus could be exported and sold at 50 per entirely unpartisan source. cent less in a foreign market. The promise had gone out that The relatively higher level of prices for March 1, 1904, as con­ the party would "stand pat" on the Dingley bill as it stood on trasted with previously recorded levels since 1890, is thus easily the statute books, and that not even the intention of its author seen. Compared with the cost of these 350 articles a year ago, and promoters to use its rates to bring about reciprocity with there is now an advance of 2.5 per cent. During the month of other countries should be allowed to be carried out. February, 1904, alone the prices rose 1.5 per cent in the aggre­ It is natural and it is human nature, alas, Mr. Chairman, for gate. The figures show also, among other things, that the prices man to be reluctant to give up any advantage which he has ac­ of these necessaries of life were 31 per cent greater in 1900 than in quired over his fellow-men; but I submit, sir, that in a great po­ 1897, 43 per cent greater now than in 1897, and more than 6 12er litical party such a course is not honest and is not patriotic. But cent greater now than in October, 1903. real prosperity, Mr. Chairman, is not the increase of the material Coming now down to details as to particular commodities, the possession of the rich, whether such increase be real or fictitious. following table, which has beencompiledfrom Dun's Review for The true welfare of the country is the welfare of the rank and file March 6, 1904, will show plainly how wholesale prices in New of its people-the producers of the country-without whose help York City have gone up within a year past. The prices quoted the wheels of industry would stand fast. are the average minimum in 'the open market, and are no doubt CO"ID."TRY'S PROSPERITY DEPE..~ENT UPON WAGE-EARNERS. absolutely correct: • The prosperity of the laboring classes-especially of its great army of wage-earners-is the greatest desideratum of any coun­ Article. March, 1903. March, 190i. try. When the workingmen and women of the country are pros­ p~rons, thriving .and comfortable, the whole country is prosperous, Apples.------·-·------barreL_ $2.12 $2.37 and when the laborer fails to obtain a fair return for his labor the Boots and shoes (averaged) ______pair .. 1.47+ 1.52t whole country suffers. This is universally recognized as funda­ Brick __ ------___ ------______thousand __ 5.25 7.50 mental truth. No country is considered prosperous where the .{}5f .OOi .00 .O'i{ great masses of the people are finding it gradually harder to pro­ .07;. .OSt vide the necessaries of life, or where the standard of use of such E~~::;::::;:i~::;::~::~;;;:;;~::;;;;:fl~~~ ffiL necessaries is not steadily rising. Drills------_----- ____ ---- ______----- ______do ___ _ :~ :07i­ Ginghams_---- _____ ------______do ___ _ .ffi.t­ .06j. What are the conditions to-day, Mr. Chairman, which confront .181- .rot us after nearly eight years of uninterrupted Republican rule, and 5.75 8.00 after an era of what was claimed to be unparalleled prosperity? It .Sit 1.00 is true that within the last few years wages in many instances l~f======~~~~~~~t=Oats ------___ --- _--·-- --· ___ ------·------.do ___ _ .4Jt .Mj. Pine __ , ___ ----·----·------·--- ______M feet._ 21.00 21.00 have increased, but has the purchasing price of the dollar been Oak __ ·-·------·- __ .·------_---·- ______do ___ _ 42.50 45.00 maintained? .. Not only, Mr. Chairman, has the purchasing power Ash _____ ------______do.--· 40.00 42.00 of the dollar failed to be maintained, but for the past year we have 80.00 91.00 ~!:~um-::_-_-::_-_-::::_-::::::~-:::::::::::::_-'ba.~~ei:: 8.00 8.95 witnessed in many important lines of industry a very general re­ .oot .06f. duction of wages, accompanied by a general and great advance in t~~~e;-_~:::~--=:-_-_-_:::·::.::-:_:::::::::::::·::.~J:.~:: .83 1.02 the prices of the necessities of life, with the result of diminishing 1.00 2.00 g~~-~-_:::-.-.-_:::·::.:::·::.::·:::.:::-::.:::::~~d~~~== L50 2.50 the purchasing power of the workingman's wages even in cases Potatoes_------·----_-·---_---·· ______do ___ _ 1.72 3.00 where such wages have remained stationary. Turnips ------______do ___ _ .75 1.50 This is not an inquiry, Mr. Chairman, in the interest of one /"

4528 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

Taking Dun's March Review of the wholesale prices as a text, Ohio, and Chicago, lli.-show very similar advances and condi­ the New York Herald of March 6, 1904, made an elaborate and tions in those places. careful examination of the actual retail prices of various imported These various coll~ctions of figures in detail all serve to sub­ articles, as prevailing at that time in New York and other cities. stantiate and confirm the general conclusions announced by Dun The general conclusions resulting from that examination are and Bradstreet as to the remarkably high prices now prevailing very interesting and instructive and may be summarized as fol­ all over the country for the essentials of life. lows: Most of the articles enumerated are such as the workingman Not only in New York, but also in New Jersey, Pennsylvania, and his family must have; and there are many other equally es­ and New England, almosteveryitem of consumption purchasable sential articles which have not been alluded to in detail and which in the retail markets has made a decided rise in price during the are fully as much affected by the present expansion in prices as past few weeks, and the movement has not been accompanied by are those above listed. any simultaneous rise in salaries or wages. In the larger cities It should be remembered that food requires an expenditure there has been, moreover, alsoariseinrents. This results there­ among families of small income of more than one-half of the total fore. of course, in an increased cost of living. income. Still further, that the demand for food is inelastic, the • As compared with the figures of a year ago, these present retail proportionate amoUJilt devoted to it decreasing with increasing in­ prices show in almost all cases a material advance; and this ad­ come; but although inelastic, the demand for food is very pressing, -vance in some instances is maintained with referenc~ to articles increasing with the increasing number of children, and increasing the whole~e.le prices of which have lately declined. For example, faster than the total income. in Newark, N.J., and New Haven, Conn., sugar at retail is put The figures which I have quoted are based upon returns up to down as having gone up about 2 per cent, notwithstanding the March 1, 1904, and include the very remarkable increase in prices wholesale price of sugar is reported to have slightly declined during the past three months. Previous thereto, in the Eight­ during the past twelve months. Again, while beef and pork at eenth Annual Report of the Bureau of Labor for the year 1903, wholesale have somewhat diminished in price since a year ago, the Commissioner of Labor had given some very suggestive data, those commodities are selling at retail in most places at fully as showing the increase in the cost of living since 1896; and I ask, high prices as in March, 1903, and in some places, like Jersey City, sir, to insert here a compilation made from his report from in­ for instance, at a cent a pound or more in advance of the last formation gathered from 25,440 families in the United States: year's rates. These families consist of an average of 5t person. Among the facts discovered in the examination were these: The income of these families averages $827.19 a year. The expenditures average $768.54 per year. . In New York City and Philadelphia, about March 1, 1904, the Outside of food expenses no computation was made by the Government; bakers raised the price of bread 20 per cent. but with the exception of rent and tobacco the Government expert is of the In Philadelphia and New Haven coal is a dollar a ton higher opinion that they vary very little from 1896. than before the great strike of 1902, and in Philadelphia a dollar In 1896 the average cost of food per family was $296.76. Last year it was 6 higher than in March, 1903. In Boston, also, coal is from 50 to 75 $34fn ~stima.ting the bearing of this increase in the cost of food on the work­ cents a ton higher than a year ago. ing population of the country many things must be taken into consideration. Few workingmen, and none whatever engag-ed in manufacturing work, Compared with a year ago, flour is a dollar a barrel dearer in are employed steadily, but all must eat steadily, dt·ess steadily, and live in Philadelphia. $1.25 dearer in Jersey City, and $1.50 to $2 dearer . houses steadily. · in Newark, N. J.,andNewYork City. Cotton goods show every­ From this it will be seen that, while the increase of the percentage of ex­ where an increase of from 10 to 15 per cent, and clothing of all penditures is going on all the time, the increase of earnings which has been granted in some trades goes on only p:~.rt of the time. kinds is also higher in most places than a year ago. InNew York We think it would be just to say that a 16 per cent increase in the price of City the rise in cotton goods is stated at 25 per cent. food would require at least a 20 per cent increase in 'vages to put the work- · FTom the figures in the New York Herald and the market re­ ingman in the same position that he previously occupied. ports published in leading papers of other cities, I have. compiled KA VE WAGES INCREASED WITH INCREASED COST OF LIVING? the following tabulation of retail prices: Now, as to the question of wages, it is doubtless true that wages have exhibited a slightly increasing tendency from, say, 1900, on­ COAL. ward until quite recently. This fact, however, must be taken in juxtaposition with two other important considerations which City. March, 1903. March, 1904. serve to modify the force of the statement and to neutralize the apparent benefits hinging upon it. These considerations are (1) New York City···--········-·-- $5.75 •••••••.•• $6.25. that since last October there have been sharp reductions in wages Bo~ton ...... •...... $6.25 to $6.50 .. $6.50 to $7. in many important classes of industrial establishments, and (2} that even among the working people who have as yet suffered no FLOUR. such reduction in wages or whose wages have gone on increasing of ·late years the cost of living has increased in greater propor­ tion, so that they are worse off now than they were in 1900, and New York City···············-- $U5 to $4.75 .• $5.60 to $6.00. Boston ...... 10 to 33 per cent advance. a great deal worse off than they were in 1902 and in the autumn Philadelphia-----·-·--···--····- $4.85 .....••••• $5.85. of 1903, when, as the figures show, the cost of living was much Newark-----·····-··-··········- $5.50to $6----- $7 to $7.50. less than now. ~~~e~~%·:::~~:::::::::::::::: ~:&Sto-·6::::: ~g~·to $7. Another point that must be taken into consideration is that dur­ ing the decade previous to 1900 there was a general or average MEATS. decline in wages of about 1t per cent. This result is reached by computations of the wage statistics of the 1900 census, the sup- . plementary volume of which has just been issued from the Cen- About2centsapoundhigher. sus Office. As alreany shown by Dun's figures, the average ======No change. · 6 b t 18 d 1 0 h' din Philadelphia------···------·--··~~~~~~~ -~~~ -·-·-·-·········=~===~=== Slightlyadvancingtendency. pnces rose per cent e ween 90 an 9 0, w 1le accor g to JerseyCity ...... •..... -··-······-----· About 1 cent a pound higher .. the census the average wage fell in the same time 1t per cent. ______!c.______!______That means an actual rise in the cost of living to the working- POTATOES. a man, in that decade, of 7i per cent. This plain a.nd undeniable statement of fact goes far to. over­ $1.35. throw the Republican assumption of universal prosperity during 20 per cent higher. the first McKinley Administration, and to· prove the fal1a '3y of ~!-!~~~~~: ::::::::::::::::: I -::~~.;;:::::: $1.4.0. their campaign assertions of prosperity in the summer and autumn Jersev City------····-··-···! $1 ...... 1.00. New Haven-·-·······-·------$1.05 ...... $1.35. of 1900. · The workingman may have had a "full dinner pail" in the years of the McKinley Administration, but he was really not as well off by 7t per cent as he was in the earlier years of the COTTON GOODS. decade under the Cleveland and Harrison Administrations. This is one reason, Mr. Chairman, why during the years of 1897 New York City-·-·------·--···· ...... About 25 per cent higher. to 1900, when the industries of the country were apparently most Boston __- ______...... ---·--··-· ...... ·--·····-- About 15 per cent higher. Philadelphia .... ______··--...... •....• ...... Somewhat higher. prosperous, when railroads were glutted with freight, and mills were turning away orders, the common people, the small business ~e~!.el"&%·=~~ ~:::: ::::::::::::: :::::::::: :::~:: ii~:.1~e~t ~~:~~~t higher. men, the salaried men~ and men working on wageS' found that ------~------~------they were not sharing in the general prosperity. The reason was, · aBushel. sir, that the cost of living suffered such a tremendous increase Reference to the files of newspapers giving market reports in during the McKinley Administration, amounting, as we have seen, four typical cities outside of the "sphere of influence " of New to a 31 per cent advance between 1897 and HJOJ, as to offset any York-namely, Washington, D. C.; AUanta, Ga.; Cleveland, advance in wages. 1904. OONGRESSIONAL R~CORD-HOUSE. 452!}.

RHODE ISLAND SAVINGS DEPOSITS. conclusively that hundreds of thousands of workingmen in the I should like to insert here, sir~ a statement of the amount of North have been subjected during the last few months to the deposits and number of depositors in the savings institutions of my double affiiction of a decrease in wages (in some form) and an own State (Rhode Island) since June 30, 1896. It is as follows: increase in the cost of living. For example we read as follows: Beginning January 1, 190:h about 90 percent of the employees of the United Date. Amount of I Number of States Steel Corporation will suffer wage reductions ranging from 5 to 20 per deposits. depositors. cent. This reduction will affect about 150,000 workmen. (Associated Press dispatcJ?., December H, 1900.) Effective on Tuesday\ J?ecember 1, the wages of 321 men employed at the June 80,1896 ----_-··-· ---· -----··· ------­ $68,683, &rl. 00 136,148 blast furnaces of the Onio works of the Carnegie Steel Company, Youngs­ June 00,1897 ------·-· --···------69, 434:, 455. {8 139,001 town, Ohio, were reduced 8.47 per cent. Common labor was reduced 6t per 70,589,065.09 140,815 cent. (Iron Age, Dacember 10 1!103.) ~~:~a=:::::::::::::::::::::::::::::::::::: '13,186, 624. 01 H6,321 On December 16 wages will be reduced from 10 to 20 per cent in all blast June 00,1900. ·----··--_-··-· --···------···­ n, 846,759. oo 148,695 furnaces in the Mahoning and Shenango valleys. All the furnaces of the June 00,1901 ------·----···---··-· ------­ 74:,890,794.86 149,169 United States Steel Corporation will make a corresponding reduction. (Id.) June 30,1902 ------··------··------­ '13, 528, 508. 43 149,464 Three furnaces of the Carnegie Steel Company's Edgar Thompson group, June 00,1903 ------·---···------· 74:,534:,627. 61 150,342 at Bessemer, Pa., are now idle. (Id.) The Lake Shore Engine Works, Marquette, Mich., have reduced wages in all departments 10 per cent. At the shops of the Duluth and South Shore You will notice that the total deposits June 30, 1903,is less than Railroad in that city hours of labor have been cut to nine daily, with a pro­ those of June 30, 1901; also that while the average deposit for portionate reduction in wages. Several hundred men are affected. (Id.) Employees of the galvanizing department of the Wheeling Corrugating 1897 is $498.44, that for 1902 is $491.94, showing during those years Works, Wheeling, W.Va., have been notified of a reduction in wages of 20 a decrease in the amount of the average depositor's account of per cent, effective December 1. (Id.) $6.50. This amount may seem small, but it shows, sir, that the The Berkshire Mills, at Adams, Mass., have followed the lead of the other cotton manufacturers and posted notices that on December 14 there would be wage-earners of Rhode Island have been obliged to draw upon a 10 per cent reduction in wages. About 2,400 employees will be affected by their rainy-day stores during the "fat years" so eloquently re­ the reduction. Notices of reductions of 10 per cent in wages were also posted ferred to by the gentleman from Illinois. I have given the sav­ at the Eclipse and Beaver mills, at North Adams, and at the Greylock Mills. (American Wool and Cotton Reporter, December 10, 1903.) ings statistics for Rhode Island because it is a typical manufac­ The Shove Mills, of Fall River, began on Wednesday to operate only three turing State, and the condition of the wage-earner there may be days a week for an indefinite period. The mill employs 750 hands. (Id .) taken as representative of the well-to-do operative in a Northern The mill of the Parsons Manufacturing Company, Cohoes, N. Y., went on forty hours a week recently. (Id.) State. The Jefferson Manufacturing Company, at Worcester, Mas.c;., has ordered It was finally seen and is now recognized by all unprejudiced both of its woolen mills in Jefferson shut down for an indefinite period. (Id.) observers that the '·'prosperity" of that Administration was The textile workers of Uxbridge, Mass., are feeling the effects of the dull period in the woolen manufacturing industry severely. The Calumet and practically confined to Wall street, the promoters of speculative Hecla mills of the Calumet Woolen Company are shut down and 500 em­ enterprises, the trusts, and the already rich. It was emphatically ployees are idle. (Id.) a time when the rich were getting richer, while the poor, if not The railroads of the country will lay off between 15.000 and 20,CXXJ men be­ fore January 1,1004, including 2,500 to be discharged by the New York Cen­ getting poorer, were certainly not getting rich. tra11 1,500 by the Pennsylvania, and an equal number by the Atchison. Union The most conspicuous apparent exception to this general ten­ Paci.tlc will dispense with 3,000; the illinois Central with 1,800; Lake Shore dency-the farmers of the West, who undoubtedly prospered dur­ 1,CXXJ; R-ock Island and San Francisco bAtween 1,CKlO and 1,500; New Haven, ing the last part of the last decade-was really no exception at l,(XXl; Michigan Central, 500, and Lake Erie and Western, in>. (New York all. Their prosperity was occasioned by a succession of favorable Evening Post, October 17, 1903.) crop years, with market conditions producing high prices for farm It is estimated on good authority that as many as 80,000 em­ products; and these conditions did not serve to improve the con­ ployees in the cotton mills of New England are now idle or work­ ditions of other wage-earners, but rather to make them worse. ing at wages 10 per cent lower than those they were receiving la-st Passing from the preceding to the present decade, it is notice­ year, and I ask leave to insert here a statement from the Provi­ able, as has been already said, that the tendency of wages during dence Journal of March 7,1904, showing ashutdownofone-third 1901, 1902, and the greater part of 1903 was slightly upward. In time, affecting no less than 1,300,000 spindles in Fall River alone: Twenty of the corporations in Fall River engaged in the manufa.cture of some localities this upward tendency has continued on into 1904. print cloths yesterday entered into an agreement to curtail their v.roduction. This is t-he case, for example, in the city of Washington. 'fhis action was taken because of the unsettled conditions prevailing in the The following authentic statement of the scale of wages in ef­ cotton and cloth markets. All the mills controlled by the twenty companies, upward of thirty-five in number, will be shut down two days each week for fect in Washington, D. C.! in the specified lines of industry on an indefinite period. . January 1, 1900, January 1, 1903! and January 1, 1904, has been The curtailment will begin this week, ten of the plants in the agreement furnished by officials of the labor unions controlling the various having aiTanged to turn off the steam Thursday night. The a~reement does not come as a complete surprise, but was looked for trades mentioned: in the xruddle of last month, when the Bourne Mills, in Tiverton, just over the Rhode Island State line, were closed for three weeks, ostensibly on account 1900. 1903. 1904. of a strike of weavers, but re!!.lly because of the unfavorable state of both the market for raw material and that for finished products. The number of railroad employees now either laid off or work­ Amalgamated sheet-metal workers______$3.00 $3.00 $3.50 Bridge and ~ructural iron workers------·------3.00 3.50 4.00 ing at reductions of from 5 to 20 per cent in their wages is es ti­ 3.50 mated by the same authority at 200,000 as a minimum. 3.00 The National Glass Budget of March 12, 1904, stated that the ~~li~f~o~:iii:::::::::::::::::::::::::::~:::::::::: i:~ !:~ 4.00 window-glass workers had finally consented to a 25 per cent re­ Elevator constructors ____ --··-----·------·-· -·-· ---- 3. 00 3. 50 4.00 Hod carriers (when carrying)------·------2. 00 2. 00 2.25 duction in their wa~es. Hod carriers (when wheeling)------·-----··------· 1.60 The Iron Age of March 10, 1904, contained tne following state­ Glaziers ...... _-···· ..... -····---·--··-·------2. 00 2. 00 2.50 ment: Granite cutters .•.. ----.-··------.------3. 20 3. 20 3.2:) Lathers_ .. ------__ ------2. 20 2. 20 3.00 There is no doubt whatever that the union tin-plate mills will demand Machinists.--·----·------2. 20 2. 20 8.00 from the amalgamated association a. material reduction in wages of tin-plate Painters ---·-----. ___ ----···------·------2. 80 2. 80 3.00 workers from the present scale. Heavy reductions in wages have been made 3.20 in the sheet-mill scale, both union and nonunion mills, and general reduc­ 3.00 tions in wages have also been made in all other classes of labor. fiEl~~W:::::::::::::::::::::::::::::::::::::: :::::: i: ~ !: ~ 3.50 Steam fitters' helpers.------···---- 1.20 1. 75 2.00 The United Mine Workers have just voted to submit to are­ · Slaters.------·-·-······--···-···------···-···- 3.00 8.50 4.00 duction of 5! per cent in their wages. Stone laborers ______------···- 1. 75 1. 75 2.00 The above are only specimens, illustrating the actual condition Tile layers·------··-·-····-···---·------··--·-·-·· 8.50 3.50 4.60 2.00 of the wage situation to-day as it affects, hundreds of thousands Tile layers' helpers---··------L50 L 75 of American workingmen. It will thus be seen that wages in these industries in Washing- WHAT PRESIDENT MELLEN sAYs. ton ~ave had an average increase since 1900 of a"t?o~t 25 pe.r c~nt, ~he president of the New York, New ~aven and Hartford but 1t mnst be remembeied that the cost of livmg dnrmg the I Railroad Company, Mr. Charles S. Mellen, m an mtemew pub­ same period, as already ascertained, had increased 31 per cent. lished during March, 1904, gave as a reason for the discharge of Washington also presents conditions more favorable to the the numerous employees on that road within the past few months, workingman than most cities, as work is abundant and well paid, "the general business depression now existing throughout New coming into competition for wages with the higher wages paid England." by the Federal and District governments; and labor difficulties, I ask to insert herein, Mr. Chairman, an extract from the inter­ such as strikes, lockouts, and shut-downs are reduced to a mini- view with Mr. Mellen, published in the Providence Journal of mum. March 21, 1904: · ARE INDUSTRIAL CONDITIONS SA.TISF A.CTORY? "Is the general business of the country good?" Such reports as reach me But, sir, there has been for the past six months a constant sue- indicate decided stagnation in lines of business, and I find very general com­ cession of wage reductions. shut downs, lay off's, etc. • announced plaint of a falling off in the volume as compared with preVIous years, not only here, but elsewhere. . in the public press or by official proclamation, which goes to show It has been my idea. in reductions made that the accommodatioTIB fur· .XX.X:Vill-284 4530 CON~RESSIONAL RECORD- HOUSE. APRIL 8,

Dished to the public should be affected last and it is only the fact that there­ It remains, Mr. Chairman, for the people of the country to say ceipts of the road are still considerably ;.educed, as compared with last year, that I am compelled to resort to the second step in making reductions, which at the polls next November whether they approve of the balance is the curtaihrient of the company's passenger s~rvice. No tl'ains have been as struck. [Loud applause on the Democratic side.] taken off that could be construed as profitable; none has been taken off that .Mr. LLOYD. Mr. Chairman, I yield to the gentleman from did :Mt, after a careful investigation, show a positive loss. Is there any connection between these alleged necessities from a railroad Mississippi [Mr. BoWERS] forty-five minutes. point of view and the general alleged slump in business throughout New The CHAIRMAN. The gentleman from Mississippi [Mr. Bow­ England from a commercial point of view? ERS] is recognized for forty-five minutes. SLUMP IN NEW ENGLAND .A. FACT. Mr. BOWERS. Mr. Chairman, I should prefer to make there· There is every connection. The slump in business is not only alleged; it is marks which I shall make this afternoon at a session of the House a. fact. Without it there would have been no necessity for the reduction. They have necessarily followed the slump. or committee when more of our friends on the other side were would the general railroad situation be improved, as it is declared the gen­ present, and r should prefer to submit them at a time when the eral business situation would be improved throughout New England if the gentleman to whose remarks they are intended largely as a reply commercial relations with the Dommion of Canada were more intimate?1 Undoubtedly reciprocal trade rel.a.tions with Canada would increase the was present. business of the New England States, and whatever increases the business of But inasmuch as I am admonished that this is the only oppor­ those States would improve the general business situation. tunity I will have during the present session to address the House, WHAT SE!iATOR ALDRICH SAYS. and inasmuch as nothing that I will say can be construed in any A few days after this interview, at a political gathering held at light as being offensive to any gentleman, and as I shall not with­ Providence, R. I., the senior Senator from that State spoke of hold my remarks but shall have them published immediately in "the present satisfactory conditions" of the country. He had the RECORD, so that they may be replied to at the earliest possi­ not heard apparently, Mr. Chairman, of the decrease in wages and ble moment, if such is the desire of any gentleman, I shall pro­ the increase in the cost of living, notwithstanding he had been on ceed on this occasion. that occasion dubbed •' general manager of the United States" Mr. Clfairman, on the 28th ultimo the gentleman from Massa­ by the Secretary of the Treasury, who wa-s also present. chnsetts [Mr. GILLETT] addressed the Committee of the Whole H6use on the state of the Union on the attitude of the South to­ WHOSE GENERAL MANAGER? ward the negro, and in the course of his remarks referred to the When a'' general manager '' speaks of'' satisfactory conditions', qualifications which have been placed upon the right of suffrage while wages are falling and the cost of living has increased 43 in some of the Southern States by means of changes in their con­ per cent in seven years, and when the clear-headed man of busi­ stitutions. It may be doubted whether the discussion of either of ness, the head of the largest railroad inNew England, speaks ofthe these questions on the floor of this House is calculated to do very "DEPRESSED CONDITION 01!' BUSINESS" much good, and because of that doubt, freely expressed on both in that section, one can not but ask for whom the Senator is '' gen­ sides of this Chamber, I would not interject myself or my views eral manager,, whether it is for the whole country, whether it into the question were it not for the fact that, in my opinion, cer­ is even for his own State, or whether it is not for those great tain utterances of the gentleman from Massachusetts are calcu­ moneyed interests whose interests are outside of New England, lated to create erroneous impressions and ideas, and ought not, and who are so closely allied to and dependent upon the Repub­ therefore, to remain unchallenged or uncontradicted. lican party. In the course of his remarks he said: DECIDED STAG:N.A..TIO:N. Now, in the cloakroom, in private conversation, it has often been admitted But the condition, Mr. Chairman, is one which no "general by Members on that side of the House that the fourteenth and fifteenth amendments were violated a.nd intended to be violate~ that the new consti­ manager" of the Republican party, nor that party itself, can long tutions of some of the Southern States were cleat·ly such violations; but this ignore. They may shut their eyes now and "stand pat," but is the first time it has come to my notice that that has been expressed on the floor of this House, and that it has been stated that it is their intention for­ while they are dilating upon the beauties of the prosperity they ever to preYent the participation of the negro in their government. It seems claim to have brought to the country, the wage-earner, for whose to me that a declaration of that kind ought at least to receive prompt protest. special benefit it is claimed protective tariffs exist, is finding his dinner pail growing daily lighter and his hours of enforced idle­ Now, Mr. Chairman, I am, of course, unable to say what goes ness more numerous. on in the cloakroom or what may have been admitted in private conversation, but I do desire, in so far as the State which I have NO INQUIRY INTO THE REAL "STATE OF THE UNION" ALLOWED. the honor in part to represent on the floor of this House is con­ I am a new Member, Mr. Chairman, in this House, and when cerned, and in so far as its Representatives are concerned, to deny I first heard the expression that the House would resolve itself emphatically that any such admissions were eve1· made, that its into the Committee of the Whole House on the state of the Union constitution violates either the fourteenth or fifteenth amend­ I rejoiced, for I supposed I should hear the condition of the people ments, or that its suffrage clauses were intended to violate them. of this country and their welfare discussed. You may imagine, The Mississippi constitution has more than once been thoroughly sir, my disappointment when I found that the consideratien of the discussed on both sides of this Capitol. House was confined to the appropriation billa and to a violent and The late lamented Senator George delivered, in the second ses­ hysterical attempt to defend itself from charges made against its sion of the Fifty-first Congres , a speech never to be forgotten, Members by the Post-Office Department and to prevent an investi­ one that for carefulness of research and wealth of fact and argu­ gation of that Department itself. ment has neve1· been surpassed either in the Senate or the House·, We are, sir, we are told, upon the eve of adjom-nment, and not and demonstrated beyond controversy that this constitution had once has the majority of this House set aside pp.e hour of its time been molded along lines patriotic, wise, and statesmanlilre, and to consider the state of the Union as shown in lower wages and in well within the restrictions imposed by the Federal Constitution. higher prices. Depressed condition of ·trade is 1·eported by men Senator, then Representative, Mo~"EY in the first session of the of business, accounts of shut-downs and cuts of wages are to be Fifty-third Congress discussed at length and with great clear­ heard on every hand, the beef trust defies injunction, and the ness and force all the provisions of that instrument and made Standard Oil Company raises the price of its product, the dinner a thorough answer to every assault then or.. previously made upon pail gets lighter, and rents are increased on every side, the labor­ it. Mr. Fox, formerly Representative from the Fourth district ing man, the man of fixed salary, the ill-paid clerk, finds it harder of Mississippi, in the first session of the Fifty-seventh Congress, to live and has to subsist on less, while Congress can only" stand also delivered a forceful and convincing argument and one that pat" and will not allow a bill to be even considered for the relief does not seem to have been seriously challenged by any gentleman of the sufferers. on the other side of the House. The corporations are assured they need not tremble. The But the validity of the Mississippi constitution and the fact that Attorney-General, after a valiant fight against the railroads, the it is not obnoxious to either of these amendments does not rest result of which was to promptly increase the market value of solely upon these arguments, great and convincing though they their shares, assures the country that his activities will now are. It has been directly brought in question before the Supreme cease and that he will not '' run amuck ', against the other infring­ Court of the United States, and the decision of that great tribunal ers of the law. The cry of millions for an opportunity to increase is clear, final, and convincing, so far as the Missi sippi constitu­ their chance to sell their goods to Canada and t<> buy from Can­ tion is concerned. That court in the case of Williams v. Missis­ ada freely that which would help every industry in New England sippi (170 United States, page 217) disposed finally and forever of and the Northwest goes unconsidered. any assault upon it. When the books are balanced it is not the great people of the A recital of the facts and the court,s conclusions of law may be United States who will be found to be beneficiaries, but a com­ of interest. It will be remembered that this Constitution fixes parative few, who have made enormous profits at the expense of the same qualifications for jurors that it does for electors and the many. Forty-six million dollars was the profit of two men provides that no man is a competent juror unless he is a qualified · in the formation of the copper trust a few years ago, a transac­ and registered elector. All eleetors axe required to have paitl tion which robbed thousands and put not one honestly earned their taxes for two years next preceding by the 1st of February of dollar in the pocket of anyone concerned, and yet its promoters each year, and to be able to read any section of the Constitution are among the 'captains of industry" whose names are high on when presented, or in default thereof to give an intelligent inter­ the roll of the Republican party. pretation of the same. · 1904. CONGRESSIONAL RECORD-HOUSE. 4531

In Carter Texas (177 U.S., p. 442) it was held that the ex­ previous condition of servitude and dependence this race has acquired or ac­ v. centuated certain peculiarities of ,habit, of temperament and character, which clusion of persons of the colored race from grand or petit juries clearly distinguished it as a. race from that of the whites-a patient, docile solely because of their race or color was a denial of the equal people, but careless, landless, and migratory within narrow limits, without protection of the laws to a colored person indicted and tried for forethought, and its criminal members given rather to fm·tive offenses than to the robust crimes of the whites. Restrained by the Federal Constitution a crime within the meaning of the fourteenth amendment. It from discriminating against the negro race, the convention discriminated It will therefore be seen that the validity of the suffrage chapter against its characteristics and the offenses to which its weaker members are of the Mississippi constitution could be tested either by an appeal prone." from a denial of registration or by an appeal or writ of error in a Wholly overlooking the fact that it was as to this very language criminal case on the ground that the qualifications of jurors de­ that the Supreme Court had said: prived a negro charged with crime of the benefits of the four­ If weakness were to be taken advantage of, it was to be done within the teenth amendment. field of permissible action under f.lle limitations imposed by the Federal Con­ stitution, and the means of it were the alleged characteristics of the negro Such an appeal based on such ground was taken in the Williams race, not the administration of the law by the officers of the State. Besides, case, and the opinion of Mr. Justice Cooper, of the Mississippi su­ the operation of the Constitution and laws is not limited by their language or effects to one race. They reach weak and vicious white men as well a preme court, in the case of Ratliff v. Beale (74th Miss., p. 274), in weak and vicious black men, and whatever is sinister in their intention, if which that judge commented upon the fact that certain offenses anything, can be prevented by both races by the exertion of that duty which most commonly committed by negroPs and certain characteristics voluntarily pays taxes and refrains from crime. most frequently found in the negro ra.ce were selected as reasons Again the report, on 1Jage 25, says: for disfranchisement, was specially urged upon the court as evi- The committee does not express any opinion upon the question whether . . dencing a purpose to disfranchise the negro in violation of the or not the educational qualification in any of these constitutions is permis- . sible. The language of the amendment is: "No State shall make or enforce fifteenth amendment. any law which shall abridge the privileges or immunities of citizens of the Mr. Justice McKenna, speaking for the court, touched specially United States." It is open to question whether this provision permits the upon this point and disposed of it in the following language: requirement of the 1\bility to read or write of any person who might apply to exercise the right of franchise. But nothing tangible can be deduced from thls. If weakness were to be taken advanta~e of, it was to be done within the field of ~ble action This could have been written only in ignorance of the decision under the limitations imposed by.the Federal Constitution, and the.~eans of the Supreme Court in the Williams case that the requirement of it were the alleged chara.cteristics of the negro race~ not the admimstra­ tion of the law by the officers of the State. Besides, tne operation of the can be lawfully exacted, and the authors seem perfectly oblivious Constitution and laws is not limited by their language or effects to one race. to the fact that it has been decided numberless times that the They reach weak and vicious white men as well as weak and vicious black right of suffrage was not one of the rights conferred by the Fed­ -- men, and whatever is sinister in their intention, if anything, can be pre­ vented by both races by the exertion of that duty which voluntarily pays eral Constitution, and therefore not one of the privileges or im­ taxes and refrains from crime. munities of citizens of the United St~tes. On this point the decision of the Supreme Court of Massachu­ And after commenting upon the case of Yick Wo v. Hopkins, setts will, I presume, be accepted as authority by the gentleman sheriff (118 U. S., 356); Henderson v. Wickam (92 U. S., 259); from that State [Mr. GILLETT]. I am not prepared to say what, ChiLungv. Freeman (92 U. 8.,275); Ex parte Delaware (103 U.S., if any, authority will be recognized by the Union League Club's 370); Ex parte Virginia (100 U.S., 339), and Sung Hingv. Crowley committee on political reform. In Stone v. Smith et al. (159.Mass., (113 U.S., 703), cases cited as instances where the Federal right p. 413) that court said: had been invaded by the administration and operation of the law, The only provision in the Constitution of the United States as on~ally the court said: adopted concerning the qua.liftcatio:u of electors in the States is th.a.t the This comment is not applicable to the constitution of Mississippi and its electors of the Members of the House of Representatives of the United States statutes. They do not, on their face, discriminate between the races, and it shall have the qualifications requisite for electors of the most numerous has not been shown that their actual administration is evil, only that evil was branch of the State legislature. (Art. I. sec. 2.) - possible under them. It follows, therefore, that the judgment must be When the Constitution of the United States was adopted, the qualifica­ affirmed. tions required of an elector of a representative or representatives in the house of representatives of Massachusetts were that he should be a male Whatever fears may have been entertained at the outset as to pers0u 21 years of age, resident in the town where he attempted to vote for the administration of the Mississippi constitution and laws, none the space of one year next preceding the election. and should have a freehold estate within the town of the annual income of £3 or any estate of the value will be now expressed. Nearly fourteen years of experiment and of £60. (Const. Mass., pt. 2, ch.l, sec. 3, art.~) trial have satisfied the most captious of the fairness and impar­ A constitution with such restrictions on the right to vote was regarded by the tialty of their enforcement. framers of the Constitution of the United States as republican in form. Article XIV of the amendments to the Constitution of the United States, It would seem that this authoritative declaration bythehighest section 2, provides that "when the right to vote at any election • * * is tribunal in the land would forever dispose of this question, but denied to any t.f the male inhabitants of such State, being 21 years of age and to some gentlemen it does not seem to be conclusive, and it seems citizens of the 'United States, or in any way abridged, except for participa­ ( tion in rebellion or other crime, the basis of representation therein shall be they are not alone in their refusal to accept the judgment of the reduced in the proportion which the number of such male citizens shall bear Federal Supreme Court on the question. to the whole number of male citizens 21 years of age in such State." I will digress here to say that much of the discussion that has This dil!tinctzy recognizes the right of a State to de-ny or ab1'idge the right to vote of the male inha{)itants who are ~1 years of age, and it is well known that taken place with reference to the suffrage clause was on the m.any of the States have from time to time, bv an impartial and uniform rule theory that the '• understanding clause,'' as it is generally called, of prohibition, denied the right to 1:ote tosuchoftheirmale inhabitants as were might be administered so as to admit all the whites to registra­ thought not to possess the qualifications necessary for an, independent and in· teUigent exereu~e of the right. tion and exclude all the blacks therefrom; but as a matter of fact Article XV of the amendments to the Constitution of the United States ( J and experience of that State, so far as my information extends­ provides that" the right of citizens of the United States to vote shall not be and it is accurate as to my own Congressional district-not more denied or allridged by the United Statesl, or by any State, on account of race, color, or previous condition o! servituae." This is the only prohibitwn on than a dozen men of both races have been registered under that the States contained in the Constitution of the United States which concerns clause; the majority have been negroes, and the only man ever the ri{}ht to vote. registered in my county under the " understanding " clause was It l8 settled that the right to vote is not one of the privileges or immu­ nities of citizens of the United States within the meaning of Article XIV of a blackman. the amendments to the Constitution of the United States. (United States Mr. BYRD. Will the gentleman allow me to ask him a ques- v. Cruikshank, 92 U.S., 542; United States v. Ree~ 92 U. 8., 214; Ex parte tion? · Yarborough, llOU. S.;651; Minor v. Happersett, 21 wall., 162.) Mr. BOWERS. Certainly. The italics are mine. Mr. BYRD. How many have applied for register under that? On the same point Judge Cooley, in his Principles of Constitu- Mr. BOWERS. I think very few. tional Law (p. 291), goes further, and says: . The committee on political reform of the Union League Club in Possibly it may be said in respect to such cases (referring to the constitu­ New York promulga11ed on the 9th of April, 1903, a report upon tions which deny the suffrage to those who can not read and write) that the the suffrage question in the South, and on December 10,1903, the representation of the State should be reduced in proportion to the number of those who are excluded because they can not read and write or who do not report was approved and certain resolutions submitted therewith pa.ytaxesorareabsent. Itisnotlikely,howevert thatanysuchpositioil would and in line with the positions taken in the report were adopted. be sustained. To demand the payment of a capitation tax is no denial of suf­ This report and the accompanying resolution were very freely frage. It is demanding only the performance of a. public duty. Nor can it be said that ability to read is any denial of suffrage. · circulated among the Members of Congress dming the early part To refuse to receive one's vote because of his color or because o! natural of the present session, and some portions of it display such ignor­ inequality or :peculiarities which it would be impossible for him to overcome, ance of the law as t.o the operation of the fourteenth and fifteenth is plainly a denial of su:tirage, but ability to read is something within the power of any man. It is not difficult to obtain it, and is no hardship tore­ amendments upon State limitations upon the suffrage that it is quire it. On the contrary, the requirement by indirection compels one to well that public attention should be called to them. For instance, appropriate a personal benefit that he might otherwise neglect. It denies no the report, on page 21, says: man the suffrage, but the privilege is tendered to all. subjected only to a con­ dition that is beneficial in its performance, light in its burden. The committee does not cite here, as evidence of the purpose of these con­ stitutions in respect of the suffrage, statements that have been made by pub­ This authoritative declaration from a great writer on constitu­ lic men or by the press in the South. These are familiar to every member tional law and a Republican of accepted orthodoxy is commended of the club. There is, however1 at least one authoritative statement which can not be overlooked, and that l8 the language of the court in Ra.tli:ff v. Beall to the careful perusal and prayerful consideration of the Union (74, Miss. R., 247): League Club's committee on political reform as a full and clear .. Within the field of permissible action, under the limitations imposed by the Federal Constitution, the convention swept the circle of expedients to solution of the grave doubt which it expresses as to the validity obstruct the exercise of the franchise by the negro race. By reason of its of the requirement of an educational qualification for the ex:er· 4532 _ CONGRESSIONAL RECORD-HOUSE. APRIL 8, cise of the elective franchise [applause]; and that committee, to, and if the gentleman will kindly wait he will find I shall give which seems to find in the language of the fourteenth amendment him full information. . prohibiting the abridgment of "the privileges or immunities of Mr. SCOTT. I wanted to ask the gentleman if the failure of citizens of the United States" a bar to the imposition of qualifi­ the appropriation will close the school? cations upon suffrage, is also invited to read and consider the Mr. BOWERS. I think I can assure the gentleman it will not. utterance of the same law writer at page 277 of the same book The legislature has but recently adjourned, and its appropria­ that- tion for the common schools for the year 1904-5 carries the above The State is therefore left to fix these fsnffrage] quaJifications without any increase of $250,000 per year, and the only institution that has restraint or limitation, except that which is imposed by the fifteenth amend­ been omitted from the appropriation is that for the State normal ment. school at Holly Springs, for which it has been customary to ap­ This progressive committee, intent upon reform in matters po­ propriate the small sum of $2,500-largely by way of a donation, litical and seeking to spread the beneficent regis of its p~otec­ the school being mainly supported from other sources. It was tion and advice over the South, should keep abreast of the times, never a State institution in the proper sense of the word, it was and its members should awake to the fact that many of the ques­ never dependent upon its. appropriation for support, and was es­ tions which vex their patient and patriotic souls have been solved tablished and maintained by the bounty of private persons who by able text writers and by numerous decisions of courts of last were its founders and patrons. resort, both State and Federal. [Applause.] A word as to the distribution may be timely. Our school fund Further on in his remarks, and referring to the negro race, the consists of an annual appropriation and the taxes collected for gentleman from Massachusetts says: polls. By the constitution it is provided that the poll taxes shall Why there are IO,OOO,OOJ of people who can not stay as they are, who must be retained in the count~es where collected for the exclusive ben­ either go up or go down, who will have either to be bondmen forever or to be citizens, and yet gentlemen come out boldly and say that they mean for­ efit of the s~hools of such counties. The assessor of personal taxes ever to keep them n·om any participation in government,. and the last guber­ is required yearly to make a round of the county and take a list natorial election in Mississippi indicates that they wish to keep.them forever of all the educable children therein, and this list so made up by in ignorance. That does not seem to me to be a thoughtful VIew to take of the subject. him is the basis of distribution. · * * * * The legislative appropriation is distributed among the counties We* do not bhme you for not submitting to negro* domination,• but why do in accordance with the number of educable children in each, vou not do as we do, and exclude all ignorance, all incapacity from the sn!­ frage? That would be constitutional; that would be fair; that would attam without reference to race or color. Any town, village, or other your object; but it almost seems as if you preferred to be uncons~tu~onal community sufficiently populous is by law permitted to declare nnd unfair in order to provoke us and prove how useless are constitutional itself a separate school district for the purpose of levying addi­ restraints. · tional taxes, these taxes, of course, to be applied solely to the Now, Mr. Chairman, the gentleman is peculiarly unfortunate schools within the districts taxed. The polls and State appropria­ in his reference to the State of Mississippi in regard to the educa­ tion are distributed between the separate school districts and out­ tional facilities furnished by that State to either or both races. side communities in proportion to the educable children in each. From the report of the superintendent of education for the Now, in the face of these figures, which will not be materially State of Mississippi for the year 1900-1901, I find that there were: changed except to be increased all along the line for the current Enrolled pupils outside of separate school districts, white, 158,- year, I ask this committee, I ask the gentleman from Massachu­ 154:· CQlored, 193,588. In separate school districts, white, 20,988; setts, if there is any ground for his implied criticism upon the col~red, 14,758; total, :white, 179,142; colored, ~08,346 .. people or government of my State? [Applause.] I direct your attention to the fact that while outside of the It is no reply to this actual condition of affairs to say, as the separate school districts-that is, outside of the towns and vil­ gentleman intimates, that the present distinguished governor of lages because they constitute the separate school districts-there Mississippi has declared against that education of the negro that were'85 434 more blacks enrolled as pupils than whites, while unfits him for what we conceive-aye, what we know-to be his within the towns there were 6,230 more whites enrolled than proper relation to the social and political fabriq of this country. blacks. In the country the percentage of black children enrolled The negro is as safe in the hands of Governor Vardaman as in the was nearly 331- per cent greater than the whites. In the towns hands of the governor of Massachusetts or of any other State in the percentage of whites enrolled was approximately 43 per cent this Union. [Applause.] His rights to life, liberty, property, greater than the blacks. and the pursuit of happiness are as carefully guarded by the During the same year the to~l .disbursements for commo? executive of the State of Mississippi as by that of Massachusetts schools, outside separate school diStricts, were $1,286.241.73; addi­ or any other State in the Union. If-proof is needed, I have only tional in separate school districts, $412,449.83; total,~ .698,691.56. to caJl attention to the fact that the only State in which lynchings During the same period there was appropriated for the support have been prevented in the recent past by the swift and timely of the State University $100,384 and for the Agricultural and interposition of the strong arm of the law is Mississippi, and that Mechanical College $132,000; for the Alcorn Agricultural a~d Me­ the prevention was accomplished by the vigilance and promptness chanical College (a negro school), $47,392; for the Industrial In­ of Governor Vardaman. [Applause.] stitute and College for Girls,$78,110; for the StateNormalSchool There are negroes in the South and negroes in the North, and (also a school for negroes), $2,500, or a total of $360,386, making just along that line it may be interesting to inquire where the -a grand total expended for education during the scholastic year negro fares best; where is he the best citizen: where is he least mo­ of 1900-1901 of $2,059,077. lested in the pursuit of the ordinary avocations of life, and where Indeed, without having actual statistics fro~ which I could are his real and substantial rights the best guarded. speak positively, I confidently venture the assertwn that no State The following facts and statistics will answer: in the Union imposes upon her people a greater tax ~or school pm·­ CR~.ALITY BY COLOR. poses in proportion to their per capita wealth than does the State [Taken from Eleventh Census, Crim~,}'auperism, and Benevolence, part 1, of Mississippi. p . .lh5.] These are the latest figures which! have been able to obtain in The records of the census of 1900 in regard to crime are not yet the short time which has been available to coll~ct data, but I am published or even compiled. That is one of the last departments able to say that the legislature of 1902 increased the common of the census to ·be issued. school appropriation $250,00~ p~r y~r, ~hich incre~se has been The volume of the census of 1890 on crime was not issued until carried upon every appropnatwn bill smce that trme, and the 1896. That volume does not give the number of negro criminals appropriations for the higher schools and colleges hav.e, as I. a~ by States, though it gives it by "geographical divisions." By advised, been practically the same, exce:pt perhaps a slight di~m­ "criminals" is, of course, meant "prisoners." The census con­ nution in the appropriation for the agncultural and mechamcal fines its classification of criminality to those who have been con­ college for white boys. victed and are inmates of some public institution of confinement. Some additions were made to the facilities of that college in the The total number of prisoners in the United States in 1890 year 1900-1901, and the appropriation for that year was somewhat (June 1) was 82,329. Of these, 57,310 were white and 25,019 col-_ larger than usual. ored, and of the colored 24,277 were negroes. The ratio of prison­ Mr. SCOTT. Will the gentleman permit me to ask him a ers to every 1,000,000 of the population was 1,315, and the ratio question? for the white prisoners was 1,042 and for the colored prisoners Mr. BOWERS. I would prefer that the gentleman wait until 3,275. In other words, the ratio for the colored prisoners was I conclude. three times as great as that for the white prisoners. In still other Mr. SCOTT ~ It is only for information. words, the percentage of negro criminals confined in prisons, as Mr. BOWERS. I will yield to the gentleman, but I will have based on the total colored population, was three times as large as to decline to yield in the future, as I desire to conclude what I the percentage of white criminals, based on the white population. have prepared. The number of prisoners by divisions was as follows: Mr. .SCOTT. I simply wanted to ask what school the appropri­ North Atlantic division (including Maine, New Hampshire, ation was for which Governor Vardaman vetoed? Vermont, Massachusetts, Rhode Island, New York, Connecticut, .Mr. BOWERS. The State normal school I have just referred New Jersey, and Pennsylvania)-white, 26,182; negroes, 2,037. 1904. CONGRESSIONAL RECORD-HOUSE. .4533

South Atlantic division (including Delaware, Maryland, Dis­ chusetts, in 1900, relatively to population, the negro c;riminals were trict of Columbia, Virginia, West Virginia, North Carolina, South three times as numerous as the white criminals. Carolina, Georgia, and Florida)-white, 2,544; negroes, 8,863. And the following tables, for which I am indebted to my friend North Central division (including Ohio, Indiana, illinois, Michi­ from Georgia, Mr. HARDWICK, disclose that from 1880 to 1890 the gan, Wisconsin, Minnesota, Iowa, .Missouri, North Dakota, South percentage of negro criminals has inereased to an alarminrr extent Dakota, Nebraska, and Kansas)-white, 17,027; negroes, 2,738. everywhere in the East and North, while the increase in the South South Central division tincluding Kentucky, Tennessee, Ala­ is so slight as to be inconsiderable: · · bama, Mississippi, Louisiana, Texas, and Arkansas)-whites, Number of negro prisoners to million of negro inhabitants. a 5,604; negroes, 10,381. . Western division (mcluding Montana, Wyoming, Colorado, 18'i0. 1880. 1890. New Mexico, Arizona, Utah, Nevada, Idaho, Washington, Oregon, I ------and California)-whites, 5,593; negroes, 258. United States.-----._------·------···------1,621 2,480 3,275 But though the census of 1890 does not give the numbers of Southern States...... ------1,277 2,142 2,810 white and colored prisoners by States, it does give the ratios by Highest Southern State·--····------·------b1, 757 c4,000 c4,673 States. I select a few of these State ratios: Cennecticut ______------. --·--- __ ------___ _ 6,360 4,861 5,304 Massachusetts .. -----_----·_-----_------_. 9,792 5,336 7,213 Ratios of prisone1's to 1,000,000 of the population. New York------·--·---·····------6,375 7,704 9,783 Dlinois. ---·--t ______------· _----· ------__ 4,966 5,415 7,948 Indiana.------_------­ 2,581 4,683 5,847 State. Whites. Negroes. Iowa __ ----·------·------·------··--­ 2,408 2,896 6,475 Ohio·__ ------·--···-•.•. --··------1,990 3,481 5,645 Minnesota..------·------·-- ____ ---··· .. 5,621 3,086 6,(XX) Massachusetts.------···---··----·--_ •...• _...•• ·------2,283 7,271 Michigan ---- ·---•... ------···-----·------. 3,600 7,195 7,474 Connecticut----·-----·---···-·-·-...• ------·------_ .... . 1,006 5,«6 Nebraska .. ~ ------. :. ______------_------10,274 10,235 5,400 New York ...... _...•. --····-···--··---·-·------···-... . 1,814 10,001 1,117 6,859 485 2,601 a From Eleventh Census~ Crime, Pauperism, and Benevolence, pt. 2, pp. 4 to ttf~~i~~~-:::: :::::::::::::::::::::::::::::::::::::::: 10, inclusive. . Ohio. ___ ------·--··------···-----··---··------··· .... 674: 5,522 802 5,905 bVirginia. Inrn~~~::::: :::::::::::::::::::::::::::::::::::::::::::::: 9'22 7,926 cTe:x.a.s. Kansas ------···--.... -----· ------_....• 1,170 6,115 506 3,0B9 So far as I have been able to ascertain, and I have had consid­ 218 1,420 erable research made, Massachusetts is· the only State that tabu­ =~::::::::::::::::::::::::::::::::::::::::::::::: 657 2,214 lates and publishes reports of " Criminality by color," and the South Carolina.-··---····------266 1,540 387 2,893 only such statistics that are available as to other States is the cen­ ~~r:ni~~~~~-: ::::::::::::::::::::::::::::::::::::::::: 874 2,546 sus of 1890, above mentioned. But this is not all. The rights of the negro, the substantial This shows that the ratio of negro prisoners is everywhere much rights, that mean to him food, clothing, comfort, and happiness, greater than the ratio of white prisoners, and also that the ratio are guarded with infinitely more care in the South than in the of n·egro prisoners is much greater in the Northern than in the North. Southern States-two or three times as great-or, at least, was so To state my own experience, based on an active practice of in 1890, and there is no reason to suppose the ratios to have changed twenty years in the State and Federal courts of Mississippi and materially during the last decade. an intimate knowledge of the conditions which prevail in all parts TheTelative percentages of white and negro population during of that State, I have no hesitation in saying that I can not now the last decade have shown a slight tendency to diminish on the 1·ecall a case in which a verdict was rendered or a judgment en­ part of the negroes. The population in 1900, classed by color, tered in which a negro was discriminated against in the least by was as follows for the States named: reason of his color or any other fact, or in which the same judg­ ment and verdict would not have been given on the same facts in cases where the litiga:Q.ts were both white. [Applause.] State. Total. White. Negro. In the last four or five years I have seen reared on the beautiful seacoast of Mississippi, and within the district which I have the Massachusetts------···--····--···------­ 2,805,346 2, 769,764 31,974 honor to represent, a thriving place of 6,000 people or more, on Connecticut------··------·------­ 908,420 892,424 . 15,226 what was before a virgin pine forest. Palatial hotels, large blocks New York------··------­ 7,268,894 7,156,881 99,232 Pennsylvania .•.... ------···------6,302,115 6,141,664: 156,845 of brick buildings, banks, wholesale and retail stores and ware­ Delaware ____ ------_----·---- ___ _ 184,735 153,977 00,697 houses, schoolhouses, public utilities of every character, and ma­ Ohio . ---- __ -·------·· --··-- 4,157,645 4,060,204 96, 001 2,616,462 2,458,602 57,505 chine shops, roundhouses, and all the incidentals of railroad termi­ ~~~a-:::::::::::::::::::::::::::::::::::::: 4,821,650 4, 73!,873 85,078 nals have been constructed. Piers and docks costing into the mil­ Kansas. ____ ----·---··------_ ....•..•• 1,470,495 1,416,319 52,003 lions have been erected; a railroad has been built; and on all these 1,828,697 1,001,152 827,007 ·works I have seen the negro laboring for a handsome and profit­ 1,551,270 oo,m 007,630 ~!,ii~~==== :::::::::::::::::::::::::::::: 1,381,625 729,612 650,804 able wage without the slightest molestation or hindrance. [Ap­ South Carolina------···- 1,3!0,316 557,807 782,321 plause.] 1,893,810 1,263,603 624,469 I see him laboring in the South upon the railroads as fireman, ~~ir;ga:_~~:::::::::::::::::::::::::::::: 1,854,184 1,192,855 660,722 as porter on passenger trains, and even as brakeman on certain character of freight trains. I see him engaged in every voca­ 1\I.A.SSA.CHUSETl'S STATISTICS. tion where brawn and muscle and labor are called into play. I A Massachusetts State report for 1903 contains carefully ar­ see him in the sawmills which dot my district almost as thickly ranged statistics bearing on this subject, from which the follow­ as the sands do the shore. I see him in the vast turpentfue ing facts and figures are compiled: orchards, in the cotton fields, in the log camps-in short, in every In Massachusetts, in the year ending September 30, 1900, there branch of manual toil, and I have seen no effort to deprive him were the following commitments for crime: of his right to labor and earn a livelihood. Can the gentleman say as much for the State of Massachusetts Total. Whites. Negroes. or for any other State in the North? Can he show me a city in his State where negroes will be permitted to work as brick masons Crimes against the person______1,669 1,496 173 or carpenters? Are they employed in factories? Does he know Crimes against property______3,248 2,972 376 any railroad in the North on which they are employed as firemen Crimesagainstpublicorder______22,640 22,036 504 or brakemen or in any part of railroad work except as porters on Tota.J ______: ______,--27-,-45-7- :1 --26-,504--I----- 953 sleeping cars? In short, is there any vocation open to them ex- cept as bootblacks, waiters in hotels and restaurants, or porters in hotels and railroad stations? [Applause.] Thus it is seen that negroes, although they constituted only a During the course of the gentleman's remarks on this question small fraction over 1 per cent of the population, committed 10.37 he was interrupted by the gentleman from Texas [Mr. SLAYDE..:.~], per cent of the crimes against the person, 8.50 per cent of the and the following colloquy ensued: crimes against property, and 2.24 per cent of the crimes against Mr. SLAYDEN. Mr. Chairman, does the gentleman yield? public order, while the negro percentage of the whole category Mr. GILLETT of Massachusetts. Yes. of crimes was 3.5 per cent. . Mr. SLAYDEN. How does the gentleman account for the fact that in the The white population of the State in 1900 was 2,769,764 and the North, where the ne!n'oes are permitted to vote, as I understand him, with­ out interruption at afi, they are denied the privilege of membership in labor negro population 31,974. Compared with the white population, unions and are denied practically in many instances the opportunity to gain the percentage of white criminals was. 0.96, and the percentage of a living, when no such prejudice obtains against them in the South? negro criminals, compared with the negro population, was 2.98. Mr. GILLETT of Massachusetts. I am not aware of the fact. Mr. SLAYDEN. It is a fact, if the newspapers have been ~lling the truth The percentage of the total number of criminals, compared with repeatedly from year to year. I Inllke tbatstatem':lnt again on the author:ty the total population, was only 0.98 . . This shows that in Massa- of the distinguished gentleman from New York [Mr. CocKRAN]. 4534 CONGRESSIONAL REOORD-HOUSE. APRIL 8,

I desire to say that such inquiry as I have been able to make I do not need to call the attention of Senators to tha.t fundamental princi· ple of domestic government, tha.trin order to achieve success-that just suc­ on that subject convinces me that the condition described by the cess which produces happiness toitspeople-norepubliccan succeed that has gentleman from Texas, and the condition I am informed exists not a homogeneous population. That whs wha-t for so long a time was the practically all over the North, is particularly and especially true curse of our sonth.el'Il sister States. It was the want of homogeneity, that they thought was mitigated and helped out by the fact that the difrerent in the State of Massachusetts. races occupjed different positions-one dominant tho other servile. Now, let me say to the gentleman from Massachusetts that it It did not accomplish it then, as they will all te'ri you now, Mr. President, is eViJent that we have at least two theories as to how the negro and the one great evil there now is not that the white ma.n is better than the black man or tho black man better than or equal to the white m:m, but it is should be dealt with. One may be termed his idea of the devel­ the fact tha.t there has not yet been time enough, if ever there may be, that opment by higher education, social equality, and the like, while in the real and best sense or a homogeneous order in a. republic these two the other may be denominated the southern idea of absolute seg­ people can assimilate and coale.me so as to make such a Democra.t:ic State as lam speaking of. regation of the two races, the fitting the negro only for that My learned friends from Massachusetts may begin with Aristotle and come sphere and station which, based upon an experience born of more down to Webster and they will find everywhere over that long reach of hu­ than a century's knowledge of him as a slave and nearly forty man experience that the fundamental idea of a prosperous republic must be the homogeneity of its people. Now, we are not homogeneous with the years' experience with him as a freedman, we believe he can ac­ Chinaman; it does not presently appear that we can be. And reducing this ceptably and worthily fill, with absolute denial of social mter­ bill within the spirit of the treaty to say ten years~, it is only saying not that course and with every restriction on his participation in political we deny the equality of the Clrinaman, not that we aeny his civilization-if he has it-but simply that we will suspend this experiment of attempted assimi­ affairs or government that is permissible under the Federal Con­ lation with the elements that we already have of 100,000 or more in this coun­ stitution. [Applause.] try until we see how it works. Let us see, in light of the statistics given above, which idea has Row should that shock humanity? How should that touch up the moral sense of any man who loves this Republic or who loves the Empiro of China? borne the best results. In Massachusetts the ratio of criminals It is tho simple coordinate arrangement of these two nations that they will among the negroes in 1890was7,271 permillion, or7.271 per thou­ not further proceed in what must be considered an experiment until with sand; in Mississippi, 1,425 per million, or 1.425 per thousand.. In the elements we have we are able to see whether it will work or not. Where other wordsJ the negro in Mississippi is six times better than the is the ground of criticism upon such a proposition? I am not able to see. negro in Massachusetts, notwithstanding the Massachusetts negro 1\fr. Lincoln never believed in permitting' either the social or

is vastly superior in education to his more moral and· prosperous political equality of the negro1 as the following extracts from his brother in Mississippi. The Massachusetts negro, under his the­ public utterances establish. __ .. - ory, is six times as criminal as his brother in Mississippi, who is On October 16, 1854, in a speech at Freeport, ill, he said: the product of ours. [Laughter and applause.] What next? Free them [referring to the negroesl and make them politr In New York the negro criminals are 1(},001 per million, or 10 ically and socially our equals? My own f.eelings will not admit of this, and per thousand. In Alabama they are 3,089 per million,. or 3.089 per if they would we all know that those ~f the great mass of the whites will not. Whether this feeling accords with justice and sound doctrine is not the sole thousand. In Pennsylvania the ratio is 6,859 :per million, or 6.859 question, if indeed it is any part of it. A universal feeling, whether well or . per thousand. In Louisiana it is 2,214 per million, or 2.214 per ill founded, can not be disregarded. . thousand. In Connecticut it i9 5,446 per million~ or 5.4:46 per thou­ And later in the same speech he said: sand, while in South Carolina it is 1,540 permillinn, or 1.54 per Let it not be said that I am contending for the establishment ot political thousand. In lllinois it is 7,926 per million, or 7. 926 per thousand, and social equality between the whites and blacks. I have aJready said the while inNorth Carolinaitis 2,893 per million, or 2.893per thousand. contrary. In Kansas it is 6,115 per million, or 6.115 per thousand, while in Duling the same speech he also used these words: Virginia it is 2,546 per million, or 2.546 per tho~nd; and before Senator Douglas remarked in substance that he had always considered I leave this subject I desire to call attention to the fact that the this Government made for the white- people and not for the negroes. Why, figures which I have cited shpw that the percentage of white in point of tact, I think so, too. as well as black criminals is less in t:P.e South than in the North It will thus be observed that on three separate occasions during and that in Mississippi it is lower than in any other State given. this one speech Mr. Lincoln impressed upon the people his oppo­ The six Southern States selected have been chosen because of sition to social and political equality between the races. the fact that their recent constitutions have limited the right of In the Ottawa discussion, August 21, 1858, Mr. Lincoln said: suffrage. The N ort1?-e1-n States are those that possess any consid­ I have no purpose to introduce political and social equality between the erable negro population. white and black races. There is a physical difference between the two, Now, from all these facts the deduction which comes to my which, in my judgment, will probably forbid their ever living together on terms of perfect equality, tmd inasmuch as it becomes a neceSSity that there mind conclusively and irresistibly is that, while you feed the negro must be a difference, I, as well as Judge Douglas, a.m. in favor of the race to upon the abstraction of equal social and political right~ yon deny which I belong having the superior position. him the substantial right to earn his bread in the station and in Again, in the Charleston debate, September 18, 1858, Mr. Lincoln the avocations for which he is by nature and training fi.tted. used these wvrds: You deny him the bread of existence and tender him the stone I will say, then, that I am not, nor ever have been, in favor ·of bringing of participation in political affairs. He asks for fish m the shape about the political and social equality of the white and black races· that I of the right to labor and pursue happiness, you give him instead· am not, nor ever have been, in favor of making voters or jurors out of ne­ groes, or of qualifying them to hold office, or to intermarry with white peo­ the serpent of racial equality and intercourse. [Applause.] On ple; and I will say in addition to this that there is a phySical difference be­ the other hand, we deny him that intercourse with the white tween the white and black races, which will, I believe, forever forbid the race which can have but one result-vizr an irreconcilable and two races from living together on ternl9 of social and political equality, and inasmuch as they can not so live, while they do live together there must be never-ending conflict between the races-but we open to him, the position of superior and inferior, and I, as much as any other ma.n, a.m in freely and without restriction, every avenue of labor and every favor of having the superior position assigned to the white race. opportunity to improve his condition by honest and legitimate toil. . These were wise words from great statesmen who saw and rec­ H the past is any indication of the future, then so surely as the ognized the fundamental difficulty which would forever preclude night follows the day our theory is right and yours wrong. [Loud intercourse or equality between the races. Against Mr. GIL­ applause.] LETT'S idea of social equality I set Mr. Lincoln and Mr. Ed­ Mr. Edmunds, of Vermont, one of the greatest statesmen the munds. We can not set aside the laws of nature nor defy the Republican party ever produced, in a discussion of the Chinese edict-s of nature's god. Every experiment of amalgamation has been a miserable and disgraceful failure. The mulatto does not question in the Senate, said: possess the sturdy qualities of either the pure-bred white or I doubt whether the people of Massachusetts, whom yon, Mr. President (Mr. Dawes in the chair), and your colloo.gue so honorably represent, would black. He inherits the weaknesses and vices of both. He is sub­ desire that immigration of the people of Africa. to tha.t great and noble old ject to the diseases which are fatal to each. Commonwoo.lth should be encouraged. He is not physically the equal of either the white man or the The people of Massachusetts-! speak of them a.b extra, although as a Sen­ ator of the United States I have a. right to speak of them, if not for them-I black man, and so far as the South is concerned I point with pl'ide do not think would be hunlVY for an irruption of a million af the inhabit­ to the fact that the ratio of mulattoes to the- colored population ants Of the continent Of Afnca to·dayor to-morrow or next year, not because and to the whole population is less to-day than it has been at any the people of Massachusetts have any hostility to the African, not because they do not desire his development, his growth his education, every amelio­ time since the war. (Applause.] The-Te is less intermingling and rat1on that may belong to him, but because they ~lieue by instinct or by educa­ intercourse between the races than ever before, and the mulatto tion that it is not good. Perhaps I overstate it. Perhaps my honorable fri-end is, with us, steadily becoming an incident and a recollection of from Massachusetts, speaking for that great Commonwealth, will say that af­ the past. ter provi~~ for thewar-J.>remiummen the one thing for which the people of Massachusel;tS are hungenng is a very large African immigration. I do not I will here- insert the following thoughtful editorial from the think that can be so. Washington Post of April2: Speaking in part for the people of Vermont, I am sure it is not so as to them. It is not bw;ed, I repeat, on any lwstaity to the African; it is not based [From the Washington Post, April2, 1904.] upon any want of good will to the .African. It i8 based upon the belief that nations and races, as fhR:u have been CO'li.Stituted by the god of nature an4 by THE HIGHEST llUMAN LA.W. political andgeograph.icaC divisions ana a1-rangem.ents, get on. better as separate Whlle the a.ir is tuil of talk a..bou.t the Constitution. of the United States_ its fam.. ilies with theiT separate independence and their separate institutions than VMious interpretations and sundJ.-y pFopositions foy ita amendment, it may they do amalgafttated together, unless their o1·igin, their race, their tendency. be interesti:ug to gla.nee at the three war amendments-the three that were their nature is S'Uch that'!. being put together, they assimi'late and berome one virtually shot into it and which constitute the only changes made in tb.&t pe11ect, homogeneous, ana prosperous nlw;s. great instrument since 180!. . 1904. CONGRESSIONAL RE.CORD-HOUSE. 4535

The highest law in this-country, the law that overrides all others, both fun­ would never send his children with negro pupils, to be taught by a negro damental and statutory, is public o-pinion. The statute books of all the States teacher. are incumbered with laws which public opinion has nullified. Every year is Now, note the feeling of the childl:en themselves: adding to the number of those victims of public sentiment. If amendments of the Fed&-al Constitution could be made with the same facility as legi.sla­ Truant Officer Clark expelled every negro phild from the ECho::>lroom and tiV"e enactments, it would be heavily frejght~d with inoperative and imprac­ then went away. The mammies sent their offspring back to the schoolroom ticable provisions. and shouted after them through the door and windows that they were jnst The three war amendments are the thirteenth, fourteenth, and fifteenth. as good as any white trash that ever learned to spell. The thirteenth, adopted in Decemb~r, 1865, abolishes slavery, or, rather, puts into the civil law the abolishment that ha.d b~en effected three ye::trs before The CHAIRMAN. The time of the gentleman has expired. by a military proclamation. That amendment stands on the solid foundation Mr. LLOYD. Mr. Chairman, I yield the gentleman ten min· of public sentiment. It has the favor of all the people of all the sections. Of the fourteenth amendment there is little that has life in it. Its most utes more. - important feature, the provision for reducing representation of States in a Mr. BOWERS (continuing)- certain contingency, is as dead as the traditional door nail. The reason for Under the circumstances nobody learned to spell or to do anything else ita demise is the absence of such public approbation as would insru·e its en­ that day. The white children threw chalk and things at the blacks, and the forcement. The fifte~nth amendment, enfranchising the negroes, is ntterly blacks threw them back, and both colors banged on the big stove and their and totally dead for the same reason. Its short life was full of tragedy. Next desks with their erasers. to secession it was the greatest political mistake in our history. Entirely lmd in its influence on the negroes, it was far more so in its effects One* of the questions* on* the blackboard* was *"Name two* towns in* Berk- upon the white people. It stirred up hatred and inspired malice. Some of shire County;" One boy wrote "Sheffield and New Guinae." Another re­ its results still curse the country, and their malign bifl.uence will not disap­ quired stunt was to draw a. plan of a schoolhouse. The particular school­ pear in this generation. It died not less because of southern opposition than house wasn't specified, so another boy drew the wreck of a humin~ building, of northern sympathy with that opposition. However divided the white with chalk held sidewise to make smoke clouds, and the Sheffield Hose Com­ :people of the United St:.t.tes may be in their views as to the capacity and the pany throwing a stream on the ruins. The teacher wa.sn't looking. future of the negro, they are practically a un:it in condemning the·fifteenth amendment as a gigantic and cruel mistake. [Laughter.] Hence that amendment is dead beyond any chance of resurrection. That demise and~ similar change in the fourteenth amendment prove that the In the course of his remarks the gentleman from Massachusetts country has decreed that the States shall resume their old right to regulate was interrupted by the gentleman from Kansas [Mr. REEDER], the suffnge within their respective borders. who said as follows: . And th~ historv of the only two war amendments that attempted to make changes not already made is a striking tribute to the highest human law. Mr. REEDER. I want to say to you tha.t in my section I believe there would not be one out of a hundred who would not regard it as an honor to invite The temper of the people of Massachusetts, as well as the con­ Booker T. Washington to their table were he to come to our cities or our towns. Now, when we feel that way I want to say that we feel that the dition of the negro in that State, may be gathered from an article President did not go out of his way; and when these acC'nsations are made by appearing in the Providence, R.I., Journal of January Blast. the other side, we have been exceedingly temperate not to take the matter It seems that the school authorities of Sheffield, Mass. in re­ up with a good deal of energy. sponse to a universal demand from the white people-of that place, Mr. GILLETT of 1\Iassa.chusetts. Mr. Chairman, I think I will let the gen­ provided separate schools for the races and assigned the negro tleman put that statement in as his own. children to one school and the whites to another. [Laughter.] Equal, though separate, facilities were provided for the blacks, It will be noted that this utterance was rather too much for the but they refused to attend the school 'Provided for them, although gentleman from Massachusetts, who confessed to the possession free transpocta.tion to and from school was tendered them. The of his share of race pride and race prejudice. Inasmuch as I am negro children~ accompani.ed by their mothers and l'elatives, re­ not familiar with present conditions in the State of Kansas and paired to the white school and attempted to force an entrance. can not take issue with the gentleman, I am content to reply to Arrests were made and the offenders punished, whereuiJOn the his statement by reference to the history of his State. negroes, by night, burned the schoolhouse assigned to them, in In the discussion on the admission of the State of Oregon (see order to make it impossible to deprive them of association with Congressonal Globe, 1st sess. of 35th Cong.) it was stated by the whites. Preston King, of New York, that the free-soil convention of The account of the matter in the Providence Journal sheds con­ Topeka, Kans., submitted to the voters a special amendment or siderable light upon the condition of the negro in that State and clause, to be made a part of the constitution of that State, which upon the attitude of the races to each other. I shall ask to insert prohibited negroes from immigrating into that. State, for babe that article at the close of my remarks, but I call special attention their contracting or appearing in the courts or being witnesses here to some ~tracts therefrom: against white persons, and that it was adopted. Supt. A. J. Collins, of the school department, expressed the same sentiment Mr. Douglas made a similar statement, and Senator George in ~mother way when he said: · in his speech in the Senate recounted these facts without contra­ "I have had to do with colored school children and their parents in four diction, and without investigating further I talfe it we are au­ States, but nowhere else ha-v-e I found them so dense, so squalid and lazy, and generally worthless as they a.re right here in Sheffield. There are a few ex­ thorized from the character of these men to accept the statements ceptions, but the bulk of the town's negro popuhtion is as bad as it can be. as true. I might also remark in passing that notwithstanding the The fathers have no trade and their indnstry is spasmodic. They work at eagerness and joy with which the good people of that State, ac­ odd jobs long enough to earn a little money, and then loaf until it ie ne:vo, his wife, and eight children. The negroes are not particularly vicious, this suspicion thrust upon us. ana their worst sins seem to be laziness and squalor. And in response to the inquiries of the gentleman from Texas It seems that when the new schoolhouse was first provided it [Mr . . BURGESS] as to whether the Republican party was not was intended that a few white children, residing convenient to it, equally open to that charge, contented himself with a denial so were to be assigned thereto. But the whites declined the coedu­ far as he was concerned personally, failing utterly to reply to the cation of the races in the same school, especially as the teacher inquiry of Mr. SLAYDEN as to whether the negro was not enfran- as...cngn~ to the charge thereof was a negro. On that the article chised for political ends. · says: The negro's entry into politics was to subserve Republican ex­ As a. matter of fact, it was int-ended that half a dozen white children liv­ pediency, and his political baptism was in the aid of Republican ing in the northern part of the town, should go to the new school, but their parents added to the complication by refusing to tol~rate a negro teacher. ascendancy. On this point I content myself with the testimony George Cook, a farmer, led the revolt of the white parent-s. He said that he of Mr. Thaddeus Stevens. In his argument in the House in favor _ 4536 . CONGRESSIONAL RECORD-HOUSE. APRIL 8, - J of negro suffrage in the Southern States-mark you, only the its characteristics we are better qualified to solve it than our Southern States-he said:. brethren of the North; and I furthermore believe that the over­ Another good reason is it would insure the ascendancy of the Republican whelming disposition of the North now is to let the South solve party. "Do you avow the party purpose?" exclaims some horror-stricken demagogue. I do; for I believe in my conscience that on the ascendancy of this question alone, without any interference from those who the Republican party depends the safety of this great nation. If impartial are less familiar with the conditions and embarrassments than suffrage i3 excluded in the rebel States, then every one of them is sure to we are. send a solid rabei representative delegation to Congress and cast a solid rebel vote. They, with their kindred copperheads of the North, would always I would not for the world do anything which would retard or elect a President and control Congress. I am for negro suffrage in every in the least disturb this wholesome sentiment. Southern State. I have entereQ. into this discussion with some reluctance but Note \e favors it for the Southern States; none of it for the without fear. I have been reluctant not because of any wa~t of North. Surely in the face of this bold and radical declaration it confidence in my position, but because of an indefinable dread does not lie in Republican mouths to complain that the negro is that by some imprudent word I might retard the growth of the exploited for political ends. sentiment and idea to which I have just alluded, and which I be­ Now, Mr. Chairman, the great point in this whole discussion lieve to be absolutely indispensable to the correct and proper was touched by the gentleman from Texas [Mr. SLAYDEN] in the solution of the question. · following colloquy with the gentleman from Massachusetts: I have attempted to'speak with temperance and prudence. Fol­ Mr. SLAYDEN. Does not the gentleman believe that any effort that the lowing the example of the gentleman from Massachusetts, I have Ca.urasian race can put forward for the purpose of preserving race purity repressed much that I feel. I know that I have spoken the truth. would be worthily done? [Loud applause on the Democratic side.] Mr. GILLETT of Massachusetts. Yes. Mr. SLAYDEN. Then does not the gentleman from Massachusetts believe The article from the Providence Journal of January 8lart is as that race purity is endangered by somal and scholastic intermingling? follows: - Mr. GILLETT of Massachusetts. Oh, well, that is a scholastic question. I THE "JIM CROW" SCHOOL FIGHT AT SHEFFIELD, MASS.-IT ORIGINA.TED IN hardly feel at liberty to answer it. I suppose, as to race purity, Mr. Chair· EFFORT TO ESTABLISH SEPARATE SCHOOL FOR COLORED CHILDREN .AND man, the very first trouble was when we brought into this country these CULMINATED IN DESTRUCTION OF THE BUILDING BY A.N INOENDIA.RY negroes. Now we have got them here. Of course their presence does FIRE-HOT CONTROVERSY BEING WAGED. threaten race purity; but the question, to my mind, the way to solve it, is SHEFFIELDl MAss., January 1. not by setting up superiority and inferiority, is not by claimlng that a man Thermometers in the Berkshires have been registering from 17 below to 8 disgraces himself when he invites a negro man to his table. That seems to below zero for the last few days, but in this particular hill town the excite­ me to be preposterous. ment of the row over the negro school children has kept folks warm e!lough. The object, the great object, which animates the South in the The superintendent of schools and the school committee are de~nnined to put the negro children off in a school by themselves, and the blacks are de­ position which it has taken and which, God being our helper, termined not to stay put. we will never surrender, is the preservation of the purity and su- That is the question and this is Berkshire County, Ma.ss.-the old Bay premacy of the Caucasian race. . Stat;e, the State of William Lloyd Garrison and Wendell Phillips, the home of the Anti-Slavery Society and the mainstay of the abolitiorusts of a half The gentleman from Georgia [Mr. BARTLETT] in his remarks a century ago! The town school committee, with the approval of a member ' few days ago showed the results of the views held by the gentle­ of the State board of education, has said that the negro children must go to men from Massachusetts and Kansas in the unions between de­ one school and keep away from another, where the white children go, re­ gardless of what the negro parents may wish. graded whites and equally degraded blacks. But all the school officials are denying that there is any disc&n.ination on The wise words of the Senator from Vermont with reference to account of color. The two oldest negroes here, grandfathers of big broods, Chinese immigration apply with equal, yea, greater, force to the who are fighting the committee, fought in the civil war as members of Cola. nel Shaw's famous colored regiment, the Fifty-fourth Massachusetts, the black man, and in his case we are burdened with the additional achievements of which are recorded on a bronze tablet on Boston Common. embarrassment that he is already in our midst, and the problem A negro member of the Mass ~:~.ehusetts legislature has taken up the fight and is made more difficult of solution because we can not exercise the has warned the school committee to beware of a color line. Three negro parents hav~ already been arrested and fined as the result of precaution of exclusion. I can not better express the idea than the school committee's activity, and a dozen :pickaninnies, backed by their by repeating the language of the gentleman from Texas [Mr. mammies, have caused Truant Officer Benjanun F. Clark more trouble in the SLAYDEN]: last week than have the last three genera tiona of hookey-playing white boys. As told recently, the trouble took a sensational turn when the "Jim Crow" . Any effort that the Caucasian race can put forward for the purpose of pre­ school was burned at 3 o'clock in the morning on January 2. Of courae, the serving race purity will be worthily done. fire was i:u.cendiary. The building was remote from all other Rtructures and there had been no fire in the schoolhouse stove since the day before Christ­ We believe, and the history of the world justifies us in believing, mas. After the fire big footprints were found in the snow crust from the that race purity can be preserved absolutely and without taint schoolhouse site to the road leading to New Guinea. That is what the negro only by utter &egregation and separation of the races in every settlement on the back road is called. · The tra-cks in the snow were not necessary to convince all Sheffield that scholastic and social way. We believe that the slightest inter­ the firebug was a black man. The broad grins in New Guinea whenever the mingling, whether scholastic or social, is fraught with peril too destruction of the schoo!Jlouse.is mentio!J.ed seem to indicate the same ~bing. great for contemplation, from which we shrink with greater hor­ The State fire marshal 1S commg here m a day or so to make an offiCial in­ vestigation. There may be an arrest on a charge more serious than that of ror than we would from the plagues of Egypt. keeping children away from the "Jim Crow" school. More than a decade of negro domination and misrule has taught "The best evidence of the innocence of New Guinea," said E. J. Vosberg to-day, "is that every darky over there is too lazy to get up at 3 o'clock in us in that severest but most valuable of schools-experience-that the morning, even to burn a schoolhouse." he is not fitted for government, and should therefore, so far as Another citizen added: possible within the constitutionalli,mits, be eliminated as a polit­ "The only thrifty darkies that are ever seen in Berkshire County are the ical factor, and, speaking for myself, I thank God that the consti­ parlor-car porters on the express trains from New York to Lenox and Pitts­ field." tutional convention of Mississippi " swept the circle of expedient's, Those two jokes on the situation are an accurate indication of the town's within the field of permissible action under the limitations of the feeling toward the negro hut dwellers. Superintendent A. J. Collins of the Federal Constitution, to obstruct the exercise of the franchise by school department expressed the same sentiment in another way when he said: the nearo race." "I have had to do with colored school children and their ;I!arents in four That we have not exceeded the limits of "permissible action States, but nowhere else have I found them so dense,. so squalid and lazy, and within the Constitution" the highest tribunal in this land has generally worthless as they are right here in Sheffiela. There are a few excep­ tions, but the bulk of the town's negro population is as bad as it can be. The declared, and the peace and prosperity that we have enjoyed since fathers have no trade, and their industry is spasmodic. They work at odd the adoption of that constitution, the increased tranquillity and jobs long enough to earn a little money and then loaf until it is all gone. contentment abiding with both races, the influx of capital, and "The amount rec-eived from the town's charitable fund by the negroes is away out of proportion to their number. Their children are dense, and their the rapid development which follows the settlement of any vexed attendance at the same school with the white children retards the progress question which threatens to disturb the peace and internal quie­ of the latter." tude of a State have all been ours. But in spite of all that has been said and done the townspeople resent the hue and cry that has been raised throughout the State, and mdignantly deny The restriction of suffrage in Mississippi was the wisest states­ that they have established a Jim Crow scho:>l, or intentionally drawn a color manship ever exhibited in that proud Commonwealth, and its re­ line among the children. The line was drawn, and it just happened, say the sults have been more beneficent and far· reaching than even that people of Sheffieldl that the little darkies are on one side of 1t, and the little wh1te boys and girlS on the other. But that, they add, was merely incidental great statesman, Senator George, to whom more than to any other to the geography of the case. one man is due this great reform, with his far-seeing eye predicted. The 2.00) white people have their homes and stores along the main street We have disfranchised not only the ignorant and vicious black, and to the east of it. The "back road" is a mile to the west, on the other side of the Housatonic River, and runs parallel to the main road until it but the ignorant and vicious white as well, and the electorate in reaches the Sheffield Plains, where it curves to the east and runs into the Missi£sippi is now confined to those, and to those alone, who are main road. qualified by intelligence and character for the proper and patri­ The negroes-there are thirty or forty big families of them-live on that. back road in the most squalid, unpainted shanties, built of boxes and odds and otic exercise of this great franchiE:e. ends of lumber, patched with rusty tin, and with the cracks in the boards and I can not believe, Mr. Chairman, that the mass of the people holes in the windows stuffed with rags. In one of these huts there live a negroJ in the North look at this matter as the gentlemen from Mass· his wife and eight children. The negroes are not particularly vicious, ana their worst sins seem to be laziness and squalor. They have a littl~ Metho­ achusetts and Kansas do. I believe that there has been for dist chapel of their own, and all attend the services. No shautyis so humble a long time a great and growing sentiment-a sentiment but it has a picture of Abraham Lincoln and some scriptural quotations on gaining daily in volume and force-that the South is g~ap· the wall. The school which the committee tried to force the negro children to at­ piing with this question in an intelligent and patriotic way;_ tend is on this back road, butawayto then_orthof.the Plains. Itj.snotso thai by reason of our intimate knowledge of the negro race and near the majority of the huts as the white school in the village, so the official 1904 .. CONGRESSIONAL RECORD-HOUSE.~ I - • J 4537 notice of the sliperintendent to the effect that the negroes must go to the beer gardens, but nowhere outside of Sheffield do the conditions prevailing Plains school because it is nearer to their homes is not particuJ.a.rly con­ here exist. vincing. The antinegro prejudice, perhaps, may be accouuted for in part by the Neither has the offer of the committee to transport the children back and Ten Eyck murder of twenty years ago. John Ten Eyck, a negro'. murdered forth in sleighs or wagons, at the expense of the town. caused the negroes to with an ax David Stillman and his Wife, one of the most venera ole ar.d re­ give up what they call their fight for their rights. IJ.ihis fight began on the spected couples in the town. . first morning that Superintendent Collins announced that the school on the '!'here was as much talk then about an attempt at lynching in the old Bay • Plains had been opened with a negro teacher, Cora Fowler, in charge, and State as there is to-day about a. "Jim Crow" school. A mob of the best citi­ that all the children of New Guinea must go there. zens, with ropes, tried to get TenEyck away from the district jail over in Deacon Edward Crosier, the patriarch of the negro colony, and one of the Great Barrin~ton, and a lynching was avoided only when High Sheriff Root men who followed Colonel Shaw through the rebellion, investigated, so he and his deputies charged the crowd with drawn revolvers. said to-day, and found that the order had been issued so that the new school should be exclusively for negroes. He passed the word along the back road MESSAGE FROM THE SENATE. from family to family not to pay any attention to the notice, but to send the The committee informally rose; and Mr. DALZELL having taken children to the village school where thev had been going. As a matter of fact, it was intended tftathalf a dozen white children living the chair as Speaker pro tempore, a message from the Senate, by in the northern part of the town should go to the new school, but their pa­ Mr. PARKINSON, its reading clerk, announced that the Senate had rents added to the complication by refusing to tolerate a negro teacher. passed without amendment bill of the following title: · George Cook, a farmer.., led the revolt of the white parents. He said that he would never send his cnildren with negro ;pupils to be taught by a negro ·H. R. 2010. An act for the relief of the heirs of John A. Dolan. teacher. He kept up his opposition until Miss Fowler. the negro girl, was The message also announced that the Senate had passed, with retired and George Cook's own daughter, Daisy, was installed in her place as amendment, bill of the following title; in which the concurrence teacher. Miss Cook did not go through high school. Miss Fowler did, and was grad­ of the House of Representatives was requested: uated at the head of her class. After Miss Fowler was deprived of the place 1!. R. 9135. An act for the relief of F. R. Lauson. the back-road folks declared that they wouldn't send their children to the Plains school anyhow. Then followed the liveliest week that Sheffield's school DELEGATE FROM ALASKA. committee and truant catcher ever had. i'ourteennegrochildren showed up The committee resumed its session. at the village school contrary to orders and took their accustomed places. Mr. HAMILTON. Mr. Chairman, I yield five minutes to the The mothers came with them and remained outside in the school yard 1<> see what would happen. gentleman from lllinoia [Mr. Foss]. Truant Office1· Clark expelled every ne~o child from the schoolroom and Mr. FOSS. - Mr. Chairman, there appeared in the CoNGRES­ then went away. The mammies sent the1r offspring back to the schoolroom SIONAL RECORD under date of March 15 a newspaper article from'· and shouted after them through the door and windows that they were just as good as any white trash that ever learned to spell. the Brooklyn Eagle, signed by Frederick Boyd Stevenson. This Under the circumstances, nobody learned to spell or do anything else that article was inserted upon request of the gentleman from Missis­ day. The white children threw chaJ.k!and things at the blacks, and the sippi [Mr. WILLIAMS], and contains statements with reference to bla.cks threw them back, and both colors banged on the big stove and their desks with their erasers. a ship in the United States Navy known as the Mayflower. This Corporal punishment is allowed in the Berkshire schools, but the privfiege vessel was denominated as the President's private yacht, and it to spank didn't do the teacher much good when the whole room was in re­ was stated that many thousands of dollars of the public money volt, so she brought about a truce for the day by dismissing the school. That -performance, with variations, was repeated every school day for a had been expended for fitting and using her for that purpose. week. The negro mothers with their broods started early and trudged As soon as Isp.w the article I addressed a letter to the Secretary through a mile and a quarter of snow and across the Honsatomc to the school­ of the Navy asking him as to the truth of those statements, and house each morning, only to find the truant officers, or a member of the com­ mittee, or Superintendent Collins there to tell them that they should have I have here hisletter,·and I desire, Mr. Chairman, to ask unani­ gone a mile and a half in the other direction for their education. mous consent to print a copy of the letter which I addressed to The most imaginative small boy in the negro colony, whose grandmother him, and his reply, in the CONGRESSIONAL RECORD. • took him once to an Uncle Tom's Cabin show down in Canaan, told about the regular morning evictions to-day and declared that the truant officer The CHAIRMAN. The gentleman from lllinois asks unani­ drove the black children out of school with a rawhide. But that wasn't so. mous consent to print certain documents in the RECORD. On the third day of the negro mothers' attempt to fire out the truant .offi­ Mr. ROBINSON of Indiana. Mr. Chairman, I would like­ cer Edward A. Ciossler, Lyman Moore, and Fred Freeman, three negroes were arrested on a charge of not sending their children to school and fined Mr.SMITHof Kentucky. Mr. Chairman,Iwouldliketoknow $1 each. Deacon Crossler~ the war veteran, paid the fine for all tm·ee. Their exa.ctly what the gentleman desires to insert in the RECORD. defense was that they haa sent their children to the school in the village and that they had been rejected. - Mr. FOSS. I desire to insert a copy of the letter which I ad­ District Judge Sanford, who heard the cases, ruled that the school com­ dressed to the Secretary of the Navy, asking him as to the truth mittee had the right to determine where each child should attend school, and of these statements which appeared in the article from the Brook­ that failures to attend in accordance with the committee's regulations con­ lyn Eagle, inserted in the Co~GRESSIO~AL RECORD under date of stituted truancy. Besides this decision of the district judge, the school committee has the indorsement of J. W. McDonald, of the State board of March 15, and also the letter of the Secretary of the Navy in reply education, who ruled that the opening of the school in Sheffield Plains was to my letter. . proper. Mr. SMITH of Kentucky. That is all right. The burning of the" Jim Crow" school came on the heels of Judge San­ ford's disposition of the truancy cases. The next move of the committee The CHAIRMAN. Is there objection? [After a pause.] The was to hire a cottage in the neighborhood of the ruins for a schoolhouse and Chair hears none. to send notice to New Guinea that the new place would be open for the negro The letters referr~d to were as·follows: - children this morning. The committee also sent a. big two-horse sleigh along the back road to call COMMITTEE ON NAVAL AFFAIRS, for the pickaninnies. The road was full of snowdrifts and the mercury was HOUSE OF REPRESENTATIVES, down to 10 below zero, but the weather wasn't half so cold as the reception Washington, D. C., April5, 190/,. the driver of that sleigh got at the door of every hut. He didn't collect Sm: At the request of the Hon. JoHN S. WILLI.A.MS there was printed in a child to nestle in the.clean straw which the bottom of the sleigh had been the CONGRESSIONAL ,RECORD of March 15, 190i, as a ~art of the proceedings filled with for humanitarian purposes. of the Honse of Representatives, a newspaper article containing, among On the other hand, it was too cold for the mothers and their children to other statements, certain references to the U. S. S. Mayflower. walk to the village, so there was a. lull in the fight to-day. Not more than In the article this vessel is denominated as "the President's private half a dozen white children braved the weather to get to the primary school. yacht," and it is stated that many thousand dollars of the public money But they had a. lot of fun as their reward. have been eXpended for fitting and using her for such purpo..<~e. I desire to One of the questions on the blackboard was: "Name two towns in Berk­ receive from you information as to the accuracy of these statements at your shire County." One boy wrote: "Sheffield and New Guinea." Another re­ early convenience. quired stunt was "to draw a plan of the schoolhouse." · Yours, respectfully, GEo. EDMUND Foss, The particular schoolhouse wasn't specified, so another boy drew the Chairman Committee on Naval Affairs. wreck of a. burning building, with the chalk held sideways to make smoke Hon. WILLIAM H. MOODY, clouds, and the Sheffield hose company throwing a stream on the ruins. The Secretary of the Navy, Washington, D. C. tea-cher wasn't looking. So far the only plea in behalf of the negroes that has been made by an out­ N .A. VY DEP .ARTMENT, sider comes from Clement G. Morgan, of Boston, a. negro Republican mem­ Wa.shington, April6, 190/t. ber of the legislature. He wrote a. long letter to the school committee, and Sm.: I have the honor to acknowledge your letter ca.llin~ my attention to said: the references to the U.S. S. Mayflower contained in an article printed in the "Complaint has been made to me that r.ou are establishing a color line by CONGRESSIONAL RECORD of March 15, 1904, and requesting information as creating a school exclusively for negro children. Please write me by return to the truth of the statements made therein. In reply I beg leave to submit mail your reasons for this illegal discrimination and exclusion of the negro the following: children from the school which they have been attending." The Mayflower is not denominated or considered by the Department as the Superintendent Collins wrote that there had been no illegal discrimination "President's yacht." She receives her·ordersfrom the Department in the and that none was contemplated. This reply was written with the advice of same manner as other vessels. In accordance with a custom of long stand Town Attorney Frank H. Wright. Mr. Morgan was also asked to be more ing, however, a vessel of the Navy has been placed at the disposition of the specific in his char~es. President from time to"time as he may direct. The Mayflower has been the Edward Curtis lS the only white man of the town who is known to be o vessel selected for this service, under directions from the President that at t~side of the negroes. He is a graduate of Cornell, a lawyer, and a civil no time should she be diverted from any naval duties for which she might engineer. His own boy, whoisnowastudentin the Pratt Institute in Brook­ be needed. lyn, was once excluded from the village _primary school on the ground that It would be an injustice to the officers and men of the Mayflower to suppose it was overcrowded. Mr. Curtis has not had much love for Sheffield since. that her sole or pnncipal use was that of a yacht. The contrary appears Although outside of Curtis practically all the white men of the town are clearly in the history of her career in the Navy. The Mayflower IS a vessel opposed to the attendance of the New Guinea children at the white school, of 3,000 tons, built originally as a yacht, and bought by theN avy Department, they are not all supporters of Superintendent Collins. Mr. Carmody, the with man¥ other vessels, at the outbreak of the war with Spain. Her interior druggist of the town, recently drew up a petition to the school committee, yacht fittings were removed, and she was fitted out as a torpeco-boat de­ asking for the removal of the superintendent, and then set out to get signa­ stroyer on account of her supposed high speed. The sai.oon was converted tures to it. W. H. Little and his brother, both in sympathy with Carmody, into a crew space and torpedo room, a battery of rapid-fire guns was installed, . sa1d: and a l-inch armor-pia te belt was placed in the wake of the engines and boilers. "The negro children ought to be mad(\ to attend •that school out on the During the war She served on the blockade and took part in various bom­ plains, but Collin.CJ hasn't gone about it in the right way. A superintendent bardments at Santiago. After the close of the war. she lay "in ordinary" who was not so self-seeking and who had a little tact could have done this for some time in New York, and was then assigned to duty as a station ship thing without hurtin~ anybody 's feelings." - at Porto Rico. In fitting her for this dutythetorpedoroom was reconverted Berkshire County 1s as full of schools as Hudson County, N.J., is full of into a saloon and the spar deck continued forward to the bows in order to 4538 CONGRESSIONAL RECORD-HOUSE. APRIL 8,

make a. crew space on the gun deck. After the completion of her service at on the second day -of October, eighteen hundred ninety-two Porto Rico she was again]lut out of commission until June 28,19ru, woon, and having been fitted out as a. cruiser, she was attached to theNorth Atlantic enter into an agreement with the United States through the com: fleet. missioners of the United State.s dnly appointed for that purpose; Nonewfurniturewas tb.en bought nor any additions made to her fittings, and except in two rooms and in the cabin to replace the coverings of the sides~ -which .had been badly worn. From this time forward her crew has enga.gea "Whereas it is deemed for the best interests of the said In­ in the regular drills and in target_practice. She joined in the maneuvers of dians that the said agreement be in some respects :modified and tJ:ze 6IUlliD.er of 1902, and proceeded to Oulebrn in the following winter~ flying amended, it is hereby enacted that said ag1·eement be amended the flag of the Admiral of the Navy. In the summer of 1003, after a. temporary service as flagship of theNorth so~ to read as follows: Strike out the matter in lines 3 and 4 Atlantic fleet. she accompanied that fleet to the Azores, acting as convoy to of Article IX of said amendment and insert in lieu thereof the colliers. From November 8, 1003, to February 1, 190!, she was engaB"ed in the following~ 'which said agreement, so amended as aforesaid, duty at the Isthmus or in going to or returning therefrom. She partiCIPated in the scouting and :reconnoitering expeditions along the coast, and made in is hel'eby accepted, ratified, .and confirmBd: Provided, That the the course of them a sketch chart of the Gu'lf of San Bias for naviglrtion pur­ said agreement, as amBnded as aforesaid, be ratified and accepted poses. by a majority of theadnltmembers of said Turtle Mountain band Soon after her return she sailed for the West Inilies, fl.ying the flag of· the Admiral of the Navy, and after a. considerable ernise there has very recently of Chippewa Indians in general council lawfully convened for returned to Washington, where she now is. At intervals she has attended that purpose_, And be it further enacted, That the sum of one mil­ various ceremonial occas10ns where it was desirable that a na"Va.l vessel should lion dollars be a-ppropriated out of any money in the Treasury not be present. The only use of the vessel made by the President, or by his direction, has otherwise appropriatea, for the purpose of carrying into effect the been since the beginning of her present commission, June 28,1002. During -provisions of £.ald am~ded agreement when ratified and accepted these twenty-one months she has crnised 22,000 miles, which is considerably as aforesaid by said Indians; Provided, lwu:ever, That no part of more than tbe average of our v els. The President has spent aboard her~ at various times, a total of something less than forty hours ~rod has travelea said sum shall be paid until said Indians in _general council Iaw­ in her 9! miles. He has spent one nigb.t aboard her, being detained there by fuily convened for that purpese shall execute and deliver to the bad weather on his Tatum from a.Teview of the Nation.a.l Guard aftb.e State United Statesageneralreleaseof all claimsand demands of every of New Jersey, undertaken at the invitation of the governor of that State. Of these forty hours, all, except on one occasion,"wm-e ·sp.ent in thil perform­ nam~ and nature against theUnited States, excepting and reserv­ ance of official duties. ing from sucb release the right of -said Indiana to the tract of land The total time spent on board the ves..c=1el by members of the Preside:nt'.s particularlymentioned,described,and set apart by the Executive family or guests b.as been one week, ana the distance traveled wlrile they were aboardha.s been flO miles. order of the President, dated June third, eighteen hundred .and All expenditures of ev-~ry nature occasioned by the -visit of the Presid~nt eighty-fom, and their right to individual allotment ~s provided or any of his famfly or gues1a have been -paid by him. The MayjJ.ou:er bas in said amended ag1·eement; Proviiled further, That the Secre­ never been "held for the Pres.i.dent:.s 'USe," nor at a'Dy time has any money been expended on "refnrnishing the.ship as the President's private yacht," tary of the Treasury be, and he is hereby, authm'ized and directed nor for ''refitting and repa!ril:tg for the President's l)Ell"Sonal use," nor for to withhold from the amount herein appropriated and pay to "keeping the Mayflower at the disposition of the President." the attorneys who haT"e represented said ln.dian.s the following Since she last went into comm:ission there has been absolutely no change in her interior fittings, except for the comfort of the erew, the instaTia.tion of amounts, namely: .James M. E. O'Grady and Charles J. M.addux, wireless telegraphic appa.ratus,!orincreased signaling f&cil.itiee, and for the jointly, the sum of forty-two thousand dollars, and to William incr se of the battery by the addition of two 4-inoh breech-loading rifles. W. Anderson the sum of eight thousand dollars, whlch sums During her present commission there has been exp·ended on Mr for rePairs and additions, for the purposes above named $79,24:0.85. These expenditures shall be accepted by them, respectively, in full payment for all are similar in character to those made upon othet• ships and are not a:roessive. services rendered the said Indians by them or by those claiming I have the honor to say ,in closing, that according to the best of my know1- unaer them; ' " ed~e snd belief the Mayflower has not been diverted an hour from any nsval duty for which she was needed, nor has .a dollar of the public money_been ex­ And the Senate agree to the same. pended for the pleasure or conwnience o! the President or any of his family Amendment numbered 14: That the Honse recede from its dis­ or guests. agreement to the amendment of the Senate numbered 14., and agree The expenditures incurred by and on account of the Mayflower have been only those attendant ~ keeping .her in commission .and doing such work to the same with an amendment as follows: In lien of the matter in cruising as it is destmble shall be done by all of our public vesse!s, and proposed .to be inserted by said amendment insert the following: have not been increased by the'US6 of b.er by the President or under his di­ '-" That the Sem·etary of the Interim· is hereby authorized and di­ n~ction. Very respectfully, Wn.LLUI .H. MOODY, Tected, under such rnles and regulations a.s he may prescribe, to Secretary. pay per capita to the following Indian tribes all funds now to their Hon. GEORGE EDMUND FOSS, credit in "the United States Treasmy, or such paxt of such fund.s Chairman Committee on ~~avaZ Affairs, House of Repre!entatives. as he may deem necessary for their best interest and any othe1· Mr. HAMILTON. Mr. Chairman, I move that the committee funds that may hereafter be received for their credit! Provided, do now rise. That he may retain a sufficient .amount of their trust funds which, The motion was agreed to; and accordingly, the Speaker hav­ at tb.i? present rate of interest, will yield sufficient income fo1· the ing·resumed the chair, Mr. PERJUNS, Chairman of the Committee support of their schools and for pay of employees: Provided fur­ of the Whole House oil the state of the Union, reported that that ther, That the shares of minors shall remain in the Treasury until committee had had under consideration the bill (H. R. 13356) they become of age and the shares of incompetents also be re­ praviiling for a Delegate from Alaska, and had directed him to tained in the Treasury, and the interest of such shar€8 may, in the repo~ that it bad come to no resolution thereon. . discretion of the Secretary of the lntelior, be paid to the parents or legally appointed guardians of such minors and incompetents IXDI~ APPROP.RIATIO~ lULL. under such regulations as he may prescribe; namely, L'An.se and Mr. CURTI presented a conference report and statement on Vieux de Sert Chippewas, :Michigan; Omahas, Nebraska; Otoe the bill (H. R. 12684) making appropriations for the current and and M'l.Ssouria, Oklahoma; Stockbridge and Munsee, W1Sconsin; contingent expenses of the Indian Department, to be printed in the Tonkawas, Oklahoma; Umatillas, Oregon; the Iowa Indians, and RECORD under the rule. the Sac and Fox Indians of Missouri, of the Pottawatomle and The conference-report and statement are as foTiows: Great Nemaha Agency, in the State of Kansas;"" and the Senate agree to the same. The committee of conference on the disagreeing votes of the Amendment numbered 15: That the House recede from its dis- two Houses on the amendments of the Senate to the bill (H. R. agreement to the amendment of the Senate numbered 15, .and 12684) making appropriations for the current and contingent ex- agree io the same with amendments as follows: · penses of the Indian Department and for iulfilling treaty stipula- After the word " directed," in line 2 of said amendment, insert tionB with various Indian tribes for the fiscal year ending J nne ''under such rules and regulations as he may prescn"be. '' 30, 1905, and for other purposes, having met, after full and free Add at the end of said amendment the following proviso: conference have agreed to recommend and do recommend to their '.Provided, That the Secretary of the Interior may withhold respective Houses as follows: any of the payments herein provided for if in his judgment it That the Senate recedD from its .amendments numbered 5, 7, 10, would be to the best interest of the momber entitled to said pay- 11, 2-1, 28, 31, 35, 44, 45, 58, 61, 62, 63, 73, 74., 715, 76, 81, 82, 83, 86, ment to do so." 87 92, 93, 94, 95, 96, 97, 98,105,112, and 120. And the Senate agree to the same. That the House recede from its disB.oo-reement to the amend- .Amendment numbered 16: That the Honse recede from its dis- ments of the Senate numbered 1, 2, 3, 4, 6, 8, 9, 13, 18, 19, 20, 22, agreement to the amendment of the Senate numbered 16, a.nd 23, 25, 26, 29, 32, 33, 34, 36, .38, .39, 4.3, 46, 49, 50, 51, 52, .53, 57, 59, agree to the same with amendments as follows: 64, 65, 66, 67, 68, 69, 70, 77, 78, 79, SO, 84, 85, SB, 90, 100, 101, 102, After the word "members," in line 3 of said amendment, insert 106, 107, 108, 109,110, 111, 113,114, 117, and 118, and agree to the the words u by adoption." same. In lines 7 and 8 of said amendment £trike out the words "John Amendment numbered 12: That the House recede from its dis- D. Browning, Margaret L. Browning,' and insert the words'' John .agreement to the amendment of the Senate nnm.bered 12~ .and D. Downing, Margaret L. Dovm.lng." agree to the same with· an amendment as follows: Strike out the In line 27 of said amendment, after the word "authorized," matter in lines 1 to 6, inclusive, of said amendm.imt and insert in insert the words '"'by contract." lieu thereof the following: And the Senate agree to the same. H Whereas the Turtle Mountain band of Chippewa Indians aid . Amendment numbered 17: That the House recede from its eli&- l

t ~904.J CONGRESSIONAL RECORD-HOUSE. 4539 1 . agreement to the amendment of the Senate numbered 17, and following: nAnd promded, That any lessee may remove or dis­ a!!ree to the same with amemlments as follows:- pose of any ma.ehinery, tools, or equipment the lessee may hav~ Strike out of said amendment, begin:ping with the wmd '' For,'' upon the leased lands~' and the Senate agree to the same. in line 1, down to and including the word" provided," in line 18. Amendment numbered 4:!:- That the House recede from its dis­ In line 22 of s~id amendment strike out the word" erroneously." agreement to the amendment of the Senate numbered 41, and And the Se-nate agree to the same. agree to the same with amendments as follows: In line 2 of said Amendment numbered 21:_ That the House recede from its dis­ amendment, after the word" directed," strike out "(the Osage a.oureement to the amendment of the Senate numbered 21, and Indians consenting thereto).'' At the end of said amendment in­ agree to the same with an amendment as follows: In lieu of the sert the following: "Provided, That aft~r said debts are paid the matter pro:Posed to be stricken out and inserted by said amend­ proceeds from the rental of pastures (known as grass money) and ment insert the following; '~And all the restrictions upon the the royalties from oil and gas shall be applied to the reimburse­ alienation of lands of all allottees of either of the Five Civilized ment of said tribal or community fund of the amount paid out Tnnes of Indians who are not of Indian blood, except minors, under this provision;" and the Senate agree to the same. are, except as to homesteads, hereby removed, and all restJ.ictians Amendment numbered 42: That the House recede from its dis­ upon the alienation of all other allottees of said tribes, except agreement to the amendment of the Senate numbered 42, and minors, and except as to homeste ~, may, with the approval of agree to the s.ame with an amendment as follows: In lieu of the the Secretary of the Interior, be remo\ed, under such rules and' matter proposed to be inserted by said amendment insert the fol­ regnlations as the Secretary of the Interior may pl'escribe, upon lowing: "That a probate court is hereby established for each of application to the United States Indian agent at the UniunAgencr the recording districts in the- Indian Territory; that the judges of fn charge of the Five Civilized Tnl>es~ if said agent is satisfied upoll said probate courts shall be appointed by the United States court a full in-vestigation of each individual case that such removal of of the district in which said courts are located; that each probate restrictions is for the best interest of said allottee. The finding of judge shall receive an annual salary not to exceed two thousand the United States Indian agent and the approval of the Secretary fCHARLES CURTIS, Amendment No. 25 is the correction of a clerical error. JNO. H. STEPHENS, Amendments Nos. 26 and 27 are simply changes of verbiage to Managers on the part of the House. make more certain the meaning of the provision. WM. M. STEWART, Amendment No. 29 authorizes the Delaware-Cherokee citizens, 0. H. PL.!.TT, who have heretofore placed improvements npon lands to which FRED T. DUBOIS, they supposed they were entitled, six months within which to sell Mana.gers on the part of the Senate. said improvements to other citizens of the Cherokee Nation. . Amendment No. 30 provides that the Secretary of the Interior may use $5,000 of the amount appropriated for the payment of Statement of- conferees on the part of the Ho·use accompanying the so-called New York judgment in continuing the investigation the conference report on the Indian appropriation bill, being to ascertain who are the rightful beneficiaries of said judgment. H. R.12684. Amendment No. 32 st~es from the bill the provision that cer· The Senate recedes from amendments 5, 7, 10, 11, 24, 28, 31, 35, tain payments shall be made only with the consent of the Indian 44,45,58, 61,62, 63,73,74, 75, 76, 81,82,83,86,87,90, 91,92,93, nations secured in thB usual manner. This is stricken out because 94, 95, 96, 97, 98, 105, 112, and 120, leaving the bill and these vari­ the consent has already been given. ous parts in the form in which it left the House. Amendment No. 33 makes the appropriation for the San Fran­ The Honse recedes from amendments 1, 2, 4, 6, 8, 9, 13, 18, 19, cisco warehouse-immediately available. This is considered wise 20, 22, 23, 25, 26, 29, 32, 33, 34, 36, 38, 39, 43, 46, 49, 50, 51, 52, 53, for the reason that the work in that warehouse must be begun 57, 59, 65, 66, 67, 68, 69, 70, 77, 78, 79, 80, 84, 85, 88, 100, 101, 102, before the beginning of the next fiscal year. 106, 107, 108, 109, 110, 111, 113, 114. 118, and 119. Amendment No. 34 appropriates $25,000 in addition to the Amendment No~ 1 increases by $300 the salary of the agent at amount already appropriated for the Indian exhibit at the St. the Shoshone Agency, Wyo., equalizing this agency with others Louis fair. · where the responsibilities and duties are about the same. Amendment No. 36 is simply a change of verbiage. Amendment No.2 increases by $500 the salary of the agent at Amendment No. 37 extends until March 10, 1905, the time for the Union Agency, Ind. T. Upon this agent is devolved probably the opening of the Uintah Reservation, which under existing more work than upon any other in the United States, and he is com­ statutes should be opened October 1 of the present year. pelled-to ~ve a very large bond to a surety company, the premium Amendments Nos. 38 and 39 are simply changes of verbiage. on which requires an expenditure on his part of upward of $200. Amendment No. 4.0 permits the owners of coal leases in the Amendment No.3 is simply a change in totals made necessary Indian Ten-itory to purchase sufficient :amount of the surface by amendments Nos. 1 and 2. lands on which to erect coke ovens and miners' houses and neces­ Amendment No. 4 simply makes statutory provision for what sary h~ildings in the operation and conduct of their business. is now the practice, to wit, the payment of army officers serving AmendiJ:!.ent No. 41 authorizes the use of the so-called" grass as Indian agents when such officers are on the retired list, but not money '' of the Osage Indians in p!:tyment of certain claims against when on the active list. the individuals of that tribe which have been audited by the Sec­ Amendment No. 6 provides that the practical farmers appointed retary of the Interior. This is simplycarryingoutthe provisions to inst:r:uct the Indians in farming, stock raising, etc., shall not of a former act. and is recommended by the Department. be under the regulations of the classified civil service. Amendment No. 42: The House recedes with an amendment, Amendment No.8 provides for the payment of the contingent substituting for the Senate amendment a provision for the ap­ expenses of the Choctaw and Chickasaw citizenship court, and pointment of probate judges in the various commissioner districts makes available the unexpended balance of the last year for like in said Territory, and extending to them full jurisdiction in the purpose. appointment of guardians and administrators and the settling of Amendment No. 9 is really a portion of amendment No.8 and es~tes, and providing for their pay out of the fees received by relates to the same subject. them. It also gives jurisdiction in civil cases where the amount Amendment No. 12 appropriates $1,000,000 for the purpose of in controversy does not exceed a thousand dollars, and also juris­ making the payments provided for in a treaty with the Turtle diction in misdemeanors. Mountain band of Indians, of North Dakota, which agreement, in Amendment No. 43 simply permits intermarried whites who a modified form, is approved by this item. The agreement has claim rights and citizenship in the Cherokee Nation to go into the been pending for more than a dozen years. It has been contended Court of Claims with certain other members of the tribes to have that the compensation provided thereby was not sufficient and their rights .settled, and ~valves no liability on the part of the adequate. Seemingly the title to the lands claimed by the Indians United States. was the same as the ordinary Indian title, and had not until now Amendment No. 46 permits J. Hale Sypher to go to the Court been relinquished to the United States. The disposition of this of Claims to have there adjudicated the question of the liability long-mooted ques~ion in. the manner provided in this agreement of the Choctaw Nation to him for professional services, and au­ seems to be for the best interests of both the Indians and the thorizes a judgment to be rendered thereon. It involves no lia­ United States. The amendment as finally agreed to is so framed bility on the part of the United States. and worded as to be an absolutely final disposition of every claim Amendment No. 47 amends the substitute providing for sale that the Indians might have ag~inst the United States. of unleased Choctaw and Chickasaw coal lands, so as to provide Amendment No. 13 merely corrects a clerical error. that they shall be sold by sealed bids rather than by public auc­ ·Amendment No. 14 provides for the payment by the Secretary tion as heretofore. of the Treasury of money now in the United States Treasury to Amendment No. 48 is a portion of No. 47. certain Indians. The Indian Office and the Treasury Department Amendment No. 49 provides for the payment to the heirs of one assert most positively that these Indians are well advanced and Randall $2,400 for certain improvements which he made on the entirely capable of caring for their own interests, and have not Nez Perce Indian Reservation. for a considerable time been a charge in any way upon the United Amendment No. 50 appropriates $1,200 for the installation of a States. telephone syst;em from Devil's Lake Agency to Devil's Lake town, Amendment No. 15 is similar toNo. 14, the difference only being in North Dakota. I

4542 OONGRESSION .AL ltEOORD-HOUSE. APRiL 8,

Amendment No. '51 appropriates 2,800 for the paJIIlent of sev­ Inaians of Minnesota under treaty :provisions. No satisfactory eral claims in Minnesota. The claim is of considerable standing, reason appears for snob witbholili.D.g, but the fact is undisputed. and 'the merits of the claim ·have never been disputed. Only the Amendment No. 104 as agreed to in conference differs from the liability of the Gove1·nment for the payment thel'eof has hereto­ provision as inserted by the Senate in that it covers all claims fore been questioned. that the Delaware Indians have against the United State . 'These Amendment No. 52 removes, underregnlations to be formulated Indians have for decades made numerous claims against the and approved by the Secretary of the Interior, the restrictions npon United States, a half a dozen of which, at least, axe now pending the sale of timber on ·the allotted lands of the Chippewa. Indians in the various courts. The claims number altogether something in the State of Minnesota. like fomteen and involve many hundreds of thousands of dollars. Amendmeni"No. 53 appropriates . 369 to reimburse White Pine This amendment appropTiates $150,000 in full discharge and satis­ County, Nev., for money paid in suppressing an epidemic of small- faction of all claims of every name and nature, and provides not pox among the Indians. · only that this appropriation shall be received in full satisfaction Amendments Nos. 54 and 55 authorize the payment from the for these claims, but that before the amount is paid the Indians Creek, Che1·okee and Kiowa, Comanche and Apache funds of in council shall execute a general release to the Government. 16,000 to the heirs of William M. Springer, Ml·. Springer having Amendments Nos. 106, 107, 108, 109, 110, and 111 all grant to in­ acted as attorney for these Indians in varions ma$rs in the De­ dividuals named therein, both white and Indian, their right to partments and the courts. alienate lands allotted to them; that a title in fee simple shall be Amendment No. 56 appropriates $78,300 to pay the- Pottawato­ issued to them and in all cases given them the right to alienate, mie Indians of Michigan moneys which have heretofore been and in the case of each individual the relief has been recom­ appropriated and, through some errors never satisfactorily ex­ mended by the Department. plained, paid to the wrong _Ilersons. Amendments Nos. 115 and 116 together provide for the payment Amendment No. 57 appropriates $25,000 for the survey of the to deputy clerks in the Indian 1'erritory from the fees received by Camr a• Alene Reservation, in Idaho. them for recording their disbursements and their services, and Amendment No. 59 appropriates money to extinguish the claim same not exceeding $1,800 for each recording district. of settlers and betterments to lands on the old Camp 'McDowell Amendment No.117 makes provision for the terms of the recla­ Military Reservation, in the Teuito:ry of .Arizona, so that these mation act to extend to the Yuma and Colorado River reserva­ lands may be put in the unais:puted occupancy of the settlers. tions in California and Arizona. ,__ -- ~ Amendment No. 60 provides that the Secretary of the Interior, Amendment No. 119 permits an Indian school heretofore pro­ under rules and regulations whlch he f9rmnlates, may permit the vided for at or near Mandan, N.Dak., to be located at or near exchange of private lands which have been covered by the Ex­ Bismarck, N. Dak. ecutive order extending Indian reservations to be exchanged for J. S. SHERMAN. public land outside of said Teservation, which said land shall be CHARLES CURTIS. nonmineral and nontim.bered and of the same area and value of JNO. H. STEPHENS. those affected. BEJW'HER ISLA1i'D BATTLE MEMORIAL .A.SSOCI.A.TION. Amendment No. 64 increases by $10,000 the appropriation for Mr. BONYNGE. Mr. Speaker, I desire to ask unanimous con­ additional buildings at the Chilocco school. sent at this time.for the p1·esent consideration of the bill H. R. Amendment No. 65 appropriates $2,000 for the construction of 10101. employees' ·quarters at 'the Flandreau school, South Dakota, and The SPEAKER. The Clerk will report the bill. makes the same immediately availabl~. Amendment No. 66 is a change of total made necessary by The Clerk read as follows: A bill (H. R. 10101) for the ceS3ion of 120 acres of la.nd to the Beecher Island l- amendment No. 65. Battle Memorial Association. Amendment No. 67 increases by $10,000 the appropriation made Whereas the Beecher Island Battle .Memorial Ass6ciation is desirous of in a former bill for improvements at the Genoa school, ~braska, making a.J)ark and erecting a. monument thereon of the land UJ>On which was it having been ascertained, after advertisement, that the work fought a. memorable battle between the scouts and frontiermen on the one side and hostile mdia.ns on the other: Now, therefore, could not be done for the amount appropriated. Be it enacted, etc. That-the northeast quarter of the northeast quarter and Amendment No. 68 is a change of total made necessary by tbe the northwest qua.rmr1 of the northeast quarteT and the southwest quBrter of adoption of No. 67. the northeast quarter of section 21, townshiJ> 2 south, range 4:3 west of the sixth principal meridian, i hereby ceded to the BeecherlslandBa.ttle .Memo­ Amendment No. 69 appropriates $25,000 'for improvements to rial Association, I\ cm'J)oratio.n incorpol"ated and organized under and by vir­ the Grand Junction, Colo., Indian school, and No. 70 is a change tue of the laws of the ota.te of Colorado, for the pnl'J)ose of a. park, and m the of total made necessary by the adoption of No. 69. event that the mme shall-not be used for a. park for three successive years the same shall revert to the Gm-ernment. Amendment No. 71 is an appropriation for $2,000 for improve­ SEO. 2. That the Secretary of the Interior is hereby authorized to issne to ments at the Mount Pleasant school, Michigan and No. 72 is a the Beecher Island Battle Memorial Association a patent for said land, sub­ change of total made necessary by the adoption of No. 71. ject to the qualification herein contained. Amendment No. 77 simply makes immediately available cer­ The amenaments were read, as follows: tain appropriations for improvements at Salem school, Oregon. Insert the word "J>Ublic" between the word "a" a.nd the word ''1>ark" in Amendment No. 78 is a correction of a typographical error. line ~0 of section 1 on page:l, and also between the same words in line 1 in same section on page 2. Amendment No. 79 appropriates $100,000 for the establishment Add after the word "Government,'' in line 2, page 2, of section l, the fol­ - of an agricultural Indian industrial school at Wahpeton, N. Dak. lowing: "Dechration of forfeiture under this act may be declared by the Amendment No. 80 increases by 825,000 the $50,000 appropria­ Secretary of the Interior." tion heretofore made for the establishment of an Indian school at The SPEAKER. Is there objection? Elko, Nev.,it having been found impossible to properly construct Mr. COWHERD. Mr. Speaker, we would like to h~ar from the the school for the appropriation heretofore made. gentleman proposing the bill how this property is occupied, if at Amendment No. 84 provides that all laundries in Indian schools all, at present, and where it is. shall be so equipped as to instruct Indian girls in the art of home Mr. BONYNGE. Mr. Speaker, at present it is part of the pub­ laundry work. The same provision has been inserted in Indian lic domain. It consists of 120 acres of land 20 miles from a small appropriation bills heretofore, but was not inserted in this bill town of 500 inhabitants. It is land upon which was fought a until the amendment was placed therein by the Senate. memorable battle-Indian battle-some twenty-five or thirty years Amendment No. 85is striking from the bill words which were ago. The bill has a unanimous report in its favor from the com­ considered surplusage. mittee, with a recommendation of the Secretary of the Interior Amendment No. 89 attaches certain Indian reservations in Okla­ in its favor. homa to adjoining counties. The land, I will say to the gentleman, is land that is not worth Amendment No. 90: The object sought by the House and the to exceed twenty-five or fifty dollars. I have been upon the land Senate is identical, but the Senate amendment puts the proposi­ myself at one of the celebrations, and I know whereof I speak in tion in different words. that regard. . Amendment No. 99 authorizes the addition of 206 acres of land The SPEAKER. The question is upon the amendments. to that heretofore reserved for Sulphur Springs in the Chickasaw Mr. BONYNGE. Mr. Speaker, before that is put , there is a Nation, Ind. T., and provides for the purchase of the improve­ clerical error in line 5, page 2, where the word" discharged" is ments which have been/aid upon such land and for payment used. It should be" declared," as reported by the committee in therefoT .. It is estimate that the total expenditure will be in the amendments. the neighboT hood of $270,000. The object of this amendment is to 1 The SPE.AKER. Without objection, the word will be substi­ remove every possibility of the_pollution of these mineral springs, tuted. which are believed to be of very unusual medicinal -value. The amendments were agreed to. Amendments Nos. 100, 101, and 102 are simp1y changes in the The bill as amended was ordered to be engrossed for a third read­ numbers of the sections. ing; and being engrossed, was read the third time, and passed. Amendment No.10B appropriates $81,702.61, which has at v&i­ On motion of Mr. BoNYNGE, a motion to reconsider the vote by ous times been withheld from the amounts due the Chippewa which the bill was passed was laid on the table.

... -- 1904. CONGRESSIONAL RECORD-HOUSE. 4543

DAVID L. M'DEIUIOTT. dollars in each case. The chimants are too poor to test the legality Mr. OLMSTED. Mr. Speaker~! ask unanimousconsentforthe of the Treasury ruling. They could not test it in the courts on pTesent consideration of the following resolution. account of the smallness of their claims and their poverty. The SPEAKER. The Clerk will report the resolution. The claim in which the ruling was made was the Stanchfield -The Clerk read as follows: claim, and there the claim was only $45, I believe. As I have Whereas by special act of Congress approved July 6, 1886, and entitled said, all the claims aggregate about $10,000, I believe, and my "'An act granting a :pension to David L. McDermott," the Secretary of the bast information is that they run as a rule from $7.50 to $10. Interior was authonzed and directed to place on the pension roll, subject to The poor homesteaders having paid the fees, the Government the provisions and limitations of the pension laws, the name of the said David L. McDermott and pay him a pensionatthe rdeof$24permonth; and having taken their money and could not and did not give them Whereas the Commissioner of Pensions did, on the 23th day of June, 1002, title, it seems to me that the Government ought to refund the suspend payments under the said act of 1886, m pursuance of authority con­ money. That is the case. tained, or supposed to be contained, in section 4720 of the Revised Statutes, which provides that upon satisfactory evidence of fraud perpetrated in ob­ The SPEAKER. Is there objection to the p1·esent consideration taining a special pension act, the Commissioner shnll "suspend payment of the joint resolution? [After a pause.] The Chair hears none. thereupon until the propriety of repealing the same can be considered by The jDint resolution was ordered to a third reading, was read a Congress;" and WhereastheJ>apersrelating to this case\vere, on the lith day of December, third time, and passed. 1902, transmitted by the Commissioner of Pensions to the Secretary of the On motion of Mr. CLA YTO~, a motion to reconsider the last vote Interior, and were by him transmitted to the Speaker of the House of Rep­ was laid on the table. resentatives, December 18,1900, for the consideration of Congress, under sa1d section 4720, and were upon the same day referred by the Speaker to the El'oi"ROLLED BILLS PRES~TED TO THE PRESID~T FOR HIS APPROVAL. Committee on Invalid Pensions; and - Whereas the original papers in the case were returned to the Bureau of ::r.Ir. W ACHTER,from the Committee on Enrolled Bills, reported Pensions without any action thereon, and, altho~&h the said act has not been repesled, the pension due thereunder is still witn.neld: Therefore, be it that this day they had presented to the President of the United Resolved, That the Committee on Invalid Pensions shall be, and is hereby, States, for his approval, the following bills: authorized and directed to inquire and report why the pension granted to H. R. 11169. An act granting an increase of pension to ~euben David L. McDermott by the act of July 6,1886, is Withheld, and what action, if any should be taken by Congress in the premises. Griffith Porter; AnJ. for the purpose of this investigation the said committee is hereby au­ H . R. 9682. An act granting an increase of pension to Philip thorized and empowered to send for persons and papers, administer oaths, Loney; and, if necessary, to employ a stenographer, and the expense of such investi­ gation shall be p:~.id ont of the contingent fund of the House. H. R. 12628. An act granting an increase of pension to Andrew P. McConkey; The SPEAKER. Is there objection? [After a pause.] The H. R. 9796. An act g1·anting an increase of pension to William Chair hears none. Berkley; · _ The question was taken, and the resolution was agreed to. H. R. 12102. An act granting an increase of pension to Lavalle RELffiF OF CERT.AlN SETTLERS ON PUBLIC LANDS, ETC. C. O'Barr; Mr. CLAYTON. Mr. Speaker,Iaskunanimousconsentforthe B. R. 8715. An act granting an increase of pension to Alice A. present consideration of Senate joint resolution 44 as to the pro­ Siverd; visions of "An act for the relief of certain settlers on the public H. R. 12461. An act granting an increase of pension to Milton lands, and to provide for the payment of certain fees, purchase Graham_; money, and commission paid on void entries of public lands," ap­ H. R. 8620. An act granting an increase of pension to Celia M. proved June 16, 1880. Viven; The Clerk read the resolution, as follows: H. R. 10798. An act g1·anting an increase of pension to James Resolved, etc., That the provisions of "An act for the relief of certain set­ H. Allen; tlers on the public lands, and to provide for the _payment of certain fees, pur­ H. R. 10 39. An act g1·anting an increase of pension to John chase money, and commission paid on void entr1as of public lands," approved June 16, 1880, shall be construed to abolish the necessity for proof of loyruty Conrad Dirschner; in the cases mentioned in said act, and no proof of l{)yalty shall be required H. R. 7364. An act granting an increase of pension to Leonard in the cases mentioned in sa.id act. M. Johnson; The SPEAKER. Is there objection? H. R. 7431. An act granting an increase of pension to Charles Mr. PAYNE. :Mr. Speaker, reserving the right to object, I N. Burns: would like to hear some explanation of this. H. R. 10941. An act granting an increase of pension to Mary Mr. CLAYTON. Mr. Speaker, the resolution comes from the Dougherty; Committee on the Public Lands with a unanimous report. I see H. R. 12491. An act granting an increase of pension to Peter the distinguished chairman fMr. LACEY] of that committee now Scott: on the floor, and he does me the honor of listening to me. The re­ H. R. 8479. An act granting a pension to James H. E. Guest; port was presented by Mr. CANDLER of Mississippi, and it recites H. R. 7772. An act granting a pension to Robert Leach; all the facts pertinent to the resolution. H. R. 9079. An act granting a pension to Elizabeth Davison; In short, Mr. Speaker, under previous legislation of Congress H. R. 9792. An act granting a pension to Fanny Tracy; it was provided that in all cases of homestead entry of public H. R. 10932. An act granting a pension to Eliza Woolard; lands where it was afterwards discovered that the Government H. R. 10651. An act granting a pension to Katherine M. Lau· could not give a good title to the land by reason of the fact that renee; the land had been granted away to the railroads or declared to be H. R. 9738. An act granting a pension to Rebecca Simpson; swamp or overflowed lands, or if any other reason existed why H. R. 10997. An act granting a pension to Mary McGill: the United States could not give title, that in all such cases the H. R. 12474. An act granting a pension to George Preston fees paid by the homesteader for making the entry should be re­ Reeves; funded to him under the direction of the Commissioner of the H. R. 13042: An act granting a pension to Esther J. Lee; ~neral Land Office. H. R. 12592. An act granting a pension to Hem·y C. Nash; Under this provision of Congress these claims were presented H. R. 6923. An act granting a pension to Olive Bassett; from time to time, and were paid. During the incumbency of H. R. 5445. An act granting a pension to Susan R . Choat; Mr. Hoke Smith in the offic.e of Secretary of the Interior, a certain H. R. 878. An act granting a pension to Robert S. Rose; Mr. Bowler, I believe, an official in the Treasury Department, made H. R. 5298. An act granting a pension to William E. Coffin; a ruling that the statute in regard to loyalty was applicable in H . R. 6931. An act granting a pension to Sarah A. McCann: these cases where such claims remained unpaid. It was a strained H. R. 10626. An act granting an increase of pension to Cynthia · construction of the statute, a construction not authorized by the A. Conant; act of Congress, but contrary to its very terms. But in order to H. R. 12527. An act granting an increase of pension to Jane get rid of this ruling still adhered to, it is necessary to adopt this Allen; joint resolution. H. R. 12504. An act granting an increase of pension to Juliett Mr. LACEY. If the gentleman from Alabama will allow me, Field: we all thought, did we not, when we passed the act during the H. R. 10045. An act granting an increase of pension to George Spanish war, that all the distinctions between the old Confeder­ Sluyter; ates and the Blue Coats were wiped out; but this seemed to be H. R. 12029. An act granting an incre~se of pension to Esther overlooked. J. Reynolds; Mr. CLAYTON. Yes, that is true. Now, this decision of the H. R. 12938. An act granting an increase of pension to Daniel Treasury official was wholly unauthorized, and, as I am informed, Reed; was contrary to the views of Secretary Smith; but we find it is H. R. 9697. An act granting an increase of pension to Reuben necessary to avoid the effect of it in this way. Nightingale; Now, Mr. Speaker, I am told-how true it is I do not know, but H. R. 10924. An act granting an increase of pension to Cline I am persuaded that it is true-that under· t~is resolution these Morris· cla.ims in their entirety will probably not amount to more than H. R. 9812. An act granting an increase of pension to HenryN. $10,000. They run, as a rule, from seven dollars and a half to ten McLane; -,

4544 OONGRESSION.AL ;RECORD-HOUSE. APR~ 8,

H. R. 10974. An act granting an increase of pension to Robert CHANGE OF REFHRENCE. Conn; H. R. 9929. An act granting an increase of pension to Frederick B~ unanimou_s consent, refei·ence of the bill (S. 3489) granting a K. Bryan; pensiOn ~o Anni~ Colt McCook w~s changed from the Committee H. R. 10841. An act granting an increase of pension to Eliza­ on Invahd Penswns to the Committee on Pensions. beth De Baugh; . Mr. EA.YNE. Mr. Speaker, I move that the House do now ad­ H. R. 10988. An act granting an increase of pension to August JOurn. Graf; The m~tion was a~eed to; and accordingly (at 5 o'clock) the H. R. 10340. An act granting an increase of pension to George House adJourned until to-morrow at 12 o'clock noon. F. ·Major; and ;a. R. 9280. An act granting an increase of pension to James M. REPORTS OF COMMITTEES ON PUBLIC BILLS AND Hildreth. RESOLUTIONS. ENROLLED BILLS SIGNED. U?Ider. clause 2 of Rule XIII, bills and resolutions of the fol­ Mr. WACHTER, from the Committee on Enrolled Bills re­ lowrng titles were severally reported from committees, delivered ported that they had examined and found truly enrolled bills'and to the Clerk, and referred to the several Calendars therein named joint resolutions· of the following titles; when the Speaker signed as~~= ' the same: · Mr. SMITH of Kentucky, from the Committee on the Judiciary H. J. Res. 82. Joint resolution to extend the invitation of Con­ to which w~s.r~ferred the bill of .th~ ~ouse (H. R. 14673) to ~re~ gress t.o the Interparliamentary Union, and making an appropria­ ate a. new diVIsiOn of the eastern JUdicial district of Iowa, and to tion for the entertainment of its members; pr?VIde for terms of court at Davenport, Iowa, and for a clerk for H. R. 5811. An act to authorize the Norfolk and Western Rail­ said court, and for other purposes, reported the same with amend­ way Company to bridge the Tug Fork of Big Sandy River at cer­ ment, accompanied by a report (No. 2324); which said bill and tain poj.nts where the same forms the boundary line between the report were referred to the House Calendar. States of West Virginia and Kentucky or the boundary line be­ Mr. PARKER, from the Committee on Military Affairs to tween the States of West Virginia and Virginia; which wa;s referred the bi~ of the House (H. R. 14748) to pro-ride H. R. 2947. An act granting an increase of pension to William for a national p~rk commission, reported the same with amend­ F. Thompson; ment, accompamed by a report (No. 2325); which said bill and H .. R. 11711. An act granting an increase of pension to Jerome report were referred to the Committee of the Whole House on J. Hinds; the state of the Union. H. R. 691. An act granting an increase of pension to Rebecca Mr. YOUNG, from the Committee on Military Affairs to which C. Shurlock; was referred the bill of the House (H. R. 13509) autho~izing the H. R. 3011. An act granting an increase of pension to Phillip Secretary of War to transfer to the Columbia Military Academy Duttenhaver; certain property in Maury County, Tenn., reported the same with H. R. 13212. An act for the establishment of Dayton Ohio as amendment, accompanied by a report (~o. 2326); which said bill a port of delivery; ' ' and report were referred to the Committee of the Whole House H. J. Res. 126. Joint resolution providing for the extension of on the state of the.Union. the time for the removal of the temporary dam and construction Mr. LOUD, from the Committee on Naval Affairs to which was of locks in Bayou Lafourche, State of Louisiana; ' referred the Senate joint resolution (S. R. 6) to authorize the Sec­ H. R. 7292. An act making Vinalhaven, Me., a subport of en­ retary of.the Navy to donate to the Minnesota Historical Society try; the steermg wheel of the former ship Minnesota reported the H. J. Res.143. Jointresolutionamendingthelawrelatingtothe s a~e wi~ho~~ amendm~nt, accompanied by a rep~rt (N. 2328); printing of the statutes; which said JOmt resoluti.on and report were referred to the Com­ H. R. 10669. An act to regulate the issue of licenses for Turk­ mittee of the Whole House on the state of the Union. isk. Russian, or medicated baths in the District of Columbia· Mr. RYAN, from the Committee on Interstate and Foreirn Com· merce, t? which w~s referred the bill of the House (H. R. 14039) H. R. 13674. An act to amend an act approved Decembe~ 16 to estabhsh range hghts on the Niagara River reported the same 1878, and to authorize the Secretary of the Interior to grant ad~ w:ith amendment, accompanied by a report (N~. 2329); which said ditional water rights to hotels and bath houses at Hot Springs bill and report were referred to the Committee of the Whole House AJ.·k., and for other purposes; and ' on the state of the Union. H. R. 10004. An act yo authorize the Vulcan Co~l Company, of Vulcan, W.Va., to bndge the Tug Fork of the Big Sandy River . Mr. TOWNSEND, ~rom the Committee on Interstate and For­ at Vulcan, Mingo County, W. Va;, where the same forms the eign Commerce, .to which wa~ referred the bill of the House (H. R. boundary line between the States of West Virginia and Kentucky. 12044) to authoriZe the establishment of a life-saving station at or The SPEAKER announced his signature to enrolled bills of the n~ar Eagle Harbor, Keweena;w Point, Michigan, reported the same ~thamendment, accompamed by a report (No. 231:30); which said following titles: bill and report were ref-erred to the Committee of the Whole House . S. 4620. A~ !l-et to amend sec~on 8 of a~ act approved April15, 1902, authonzrng the constructiOn of a bndge across the Missouri on the state of the Union. River at or near Parkville, Mo.; Mr. ADAMSON, from the Committee on Interstate and Foreign S. 4033. An act to authorize the abandonment of W street NE. Commerce, to which was referred the bill of the House (H R Washington, D. -c.; ' 7634) to establish a life-saving ~tation in Sussex County, Stat~ of S. 4837. An act to amend an act entitled "An act to amend an Delaware, reported th~ sam~ WI~h amendment, accompanied by a act authorizing the construction of a railway, street railway mo­ report .

was referred the bill of the House (H. R. 4072) to limit the effect By Mr. SMALL: A bill (H. R. 14899) to provide for the pur­ of the regulations of commerce between the several States and chase of a site and erection of a public building thereon at the with foreign countries in certain ca-es. reported the . arne with city of Washington, in the State of North Carolina-to the Com­ amendment, accompanied by a report (No. 2337); which said bill mjttee on Public Buildings and Grounds. and report were referred to the House Calendar. By Mr. LAMB (by re-quest) : A bill (H. R. 14900) providing Mr. ALLEN,from the Committee on the District of Columbia, certain rules and regulations to govern the street railways of to which was referred the bill of the Senate (S. 2878) authorizing Washington, D. C.-to the Committee on the District of Columbia. the laying of water mains and service sewers in the District of By Mr. SAMUEL W. SMITH, from the Committee 'On the Columbia, the levying of assessments therefor. and for other District of Columbia: A bill (H. R. 14901) to provide for pay­ purposes, reported the same without amendment, accompanied ment of damages on account of changes of grade due to construc­ by a report (No. 2338); which said bill and report were referred tion of the Union Station, District of Columbia-to the Union to the Committee of the Whole House on the state of the Union. Calendar. Mr. BABCOCK. from the Committee on the District of Colum­ By Mr. MAYNARD: A joint resolution (H. J. Res. 146) for bia, to which was referred the bill of the Senate (S. 3454) for the survey of harbor of Norfolk, Va.-to the Committee on Rivers extension of Eighth street NW., or Wrights road, District of and Harbors. Columbia, reported the same with amendment, accompanied by By .Mr. BARTLETT: A resolution (H. Res. 311) of inquiry a report (No. 2:339); which said bill and report were referred to from the Secretary of the Treasury as to the amount of national­ the Committee of the Whole House on the state of the Union. bank notes retired, applied for to be retired, and the names of Mr. SAMUEL W. SMITH,fromtheCommitteeon the District such banks-to the Committee on Banking and Currency. cf Columbia. to which was referred the bill of the House H. R. By Mr. BRICK: A resolution (H. Res. 312) relative to bill 8;5~~. reported in lieu thereof a bill (H. R. 14901) to provide for S. 3728 and bills H. R. 13774 and 13014-to the Committee on payment of damages on account of changes of grade due to con­ Rules. struction of the Union ~tation, District of Colnmbia, accompanied by a report (No. 2340); which said bill and report were referred PRIVATE BILLS AND RESOLUTIONS.' to the.Committee of the Whole House on the state of the Union. Mr. COWHERD, from the Committee on the District of Co­ Under clause 1 of Rule XXTI. private bills and resolutions of lumbia. to which was referred the till of the House (H. R. 8690) the following titles were introduced and severally referred as to amend the law relating to taxation in the District of Columbia, follows: reported the same with amendment, accompanied by a report (No. By Mr. AMES: A bill (H. R. 14902) for the relief of George H. 2341); which said bill and report were referred to the Committee Chase-to the Committee on Naval Affairs. • of the Whole House on the state of the Union. By Mr. BARTLETT: A bill (H. R. 14903) for the relief of the Mr. BABCOCK, from the Committee on theDistrict of Colum­ legal representatives of J.P. Lamar, deceased-to the Committee bia. to which was referred the bill of the Senate (S. 21 :{3) to on War Claims. change the name of Madison street to Samson street, reported the By Mr. BADGER: A bill (H. R. 14904) granting an increase of same with amendment. accompanied by a report (No. 2343); which pension to H. S. Swank-to the Committee on Invalid Pens"ions. said bill and report were referred to the House Calendar. Also, a bill (H. R. 1490.)) to correct the military re··ord of Wil­ Mr. JONES of Virginia, from the Committee on Insular Af­ liam H. Feaster'-to the Committ--<>e on Military Affairs. fairs, to which was referred the bill of the House (H. R. 14623) By Mr. BROOKS: A bill (H. R. 14906) for the relief of H. B. to amend an act approved July 1, 1902, entitled "An act tempor­ Wise-to the Committee on Military Affairs. · arily to provide for the administration of the affairs of civil gov­ By Mr. BUCKMAN: A bill (H. R.14907) granting a pension to ernment in the Philippine Islands, and for other purposes," and Amelia Bachelor-to the Committee on InvaEd Pensions. to amend an act approved March 8, 1902. entitled '•An act tem­ By Mr. COOPER of Pennsylvania: A bill (H. R.14VO ')granting porarily to provide revenue for the Philippine Islands, and for an increase of pension to Henry Lieb-to the Committee on In­ other pnrpo es "and to amend an act approvEd March 2, 1903, valid Pensions. entitled' An act to establish a standard of value and to provide By .Mr. DEEMER: A bill (H. R. 1490~) granting an increase of for a coinage system in the Philippine Islands,'' and to provide pension to Albeit E. Ba1·nes-to the Committee on Invalid Pen­ for the more efficient administration of civil government in the sions. Philippine Islands, and for other purposes. submitted the views Also, a bill (H. R. 14910) for the relief of George E. Metzger­ of the monority of said committee (Report No. 22c:>7, part 2); to the Committee on Claims. which said views were referred to the Committee of the Whole By Mr. DOVENER: A bill (H. R. 14911) granting an increase House on the state of the Union. of pension to J:!mes Fulkineer-to the Committee on Invalid Pen­ sions. CHANGE OF REFERENCE. By Mr. FORDNEY: A bill (H. R.14912) to grant an American Under clause 2 of Rule XXII, committees were discharged from register for the steamship A1·ab-to the Committee on the Mer­ the consideration of bills of the following titles; which were there­ chant Marine and Fisheries. upo11 referred as follows; By Mr. GARBER: A bill (H. R. 14913) granting an honorable A-bill (H. R. 14665) granting an increase of pension to Harriet discharge to William H. H. Reppeto-to the Committee on Mili­ H. Heaton-Committee on Invalid Pensions discharged, and re­ tary Affair.3. ferred to the Committee on Pensions. Also, a bill (H. R. 14914) granting an honorable discharge to A bill (H. R. 1:3191) for the relief of Frank J. D'Avy-Commit­ Ferdinand Tobe-to the Committee on Military Affair~. tee on Claims discharged, and referred to the Committee on War Also a bill (H. R. 14915 ) for the relief of the heirs and legal Claims. representatives of GeorgeS. Simon-to the Committee on War A bill (H. R.14739) granting an increase of pension toEmilyV. Claims. Ackley-Committee on Pensions discharged, and referred to the By Mr. GLASS: A bill (H. _;R. 14916) for the relief of the Methodist Protestant Church-to the Committee on War Claims. Committee on Invalid Pensions. By Mr. GUDGER: A bill (H. R. 14917) granting an increase A bill (H. R. 4958) grantin~ an increase of pension toR. T. D. Zimmerman-Committee on Pensions discharged, and referred to of pension to Jason Hogshed-to the Committee on Pensions. By Mr. HOPKINS: A bill (H. R. 14918) granting an increase the Committee on Invalid Pensions. of pension to Thomas J. Dixon-to the Committee on Invalid Pen­ PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. sions. Also, a bill (H. R. 14919) granting a pension to Kerney May­ Under clause 3 of Rule XXIT, bills, resolutions, and memorials to the Committee on Invalid Pensions. of the following titles were introduced and severally referred as By Mr. HUMPHREY of Washington: A bill (H. R. 14920) to follows: - provide an American register for the steamship lilelanope-to the By Mr. DALZELL, from the Committee on Ways and Means: Committee on the Merchant Marine and Fisheries. A bill (H. R.1~96) for the relief of tobacco growers-to the Union By Mr. HUGHES of West Virginia: A bill (H. R.14921) for the Calendar. relief of John H. Snyder-to the Committee on Military Affairs. By Mr. BABCOCK: A bill (H. R. 14897) to cre&te a juvenile By Mr. KYLE: A bill (H. R. 14922) granting a pension to Fan­ court in and for the District of Columbia-to the Committee on nie F. Clark-to the Committee on Invalid Pensions. the District of Columbia. Also, a bill (H. R~ 14923) granting a pension to Eliza Haley-to By Mr. BELL of California: A bill (H. R. 14898) to open to the Committee on Invalid Pensions. homestead settlement and entry the relinqmshed a.il.d undisposed By Mr. MOON of Tennessee: A bill (H. R. 14924) granting an of portions of the Round Valley Indian Re£ervation. in tlie State increase of pension to Ethan Allen Willey-to the Committee on of California, and for other p11Iposes:...._to the Committee on Indian Invalid Pensions. Affairs. By Mr. PAYNE: A bill (H. R. 14925) granting an increase of XXXVTII-285 4546 CONGRESSIONAL RECORD-SENATE. APRIL 9,

pension to Robert T. Porter-to the Committee on Invalid Pen- Also, papers to accompany Honse bill granting an increase of sions. pension to Elymas F. Wilkins-to the Committee on Invalid Pen- By Mr. RAINEY: A bill (H. R. 14926) granting an increase of sions. pension to Augustine E. Shibley-to the Committee on Invalid By Mr. GUDGER: Paper to accompany bill granting an in- Pensions. crea e of pension to Jason Hogshed-to the Committee on Pen- Also, a bill (H. R. 14927) granting an increa e of pension to sions. Detrick Nortrup-to the Committee on Invalid Pen ions. By Mr. HEl\IENWAY: Petition of Albert Fowler and others, Alsa, a bill (H. R. 14928) granting a pension to Mairriam Tag- of St. Meinrad, Ind., in favor of a parcels-po t and a post-check gart-to the Committee on Invalid Pen ions. currency-to the Committee on the Post-Office and Post-Roads. Also, a bill (H. R. 14929) granting a pension to Robert Francis By Mr. HOGG (by reque t): Three petitions of residents of Dix-to the Committee on Invalid Pensions. Colorado, in favor of a parcels-post and post-check bill-to the Also, a bill (H. R. 14930) granting an increase of pension to Committee on the Post-Office and Post-Roads. Hezekiah Evans-to the Committee on Invalid Pensions. By 1\Ir. HUFF: Resolution of Philadelphia Association of Union Also, a bill (H. R. 14931) granting an increase of pension to Ex-Prisoners of War, favoripg pa sage of bills S. 1716 and H. R. John W. Chapman-to the Committee on Invalid Pensions. 5760-to the Committee on Invalid Pensions. Also, a bill (H. R. 14932) granting an increase of pension to By Mr. LITTLEFIELD: Petitions of F. W. Miller and Henry Adam Herald-to the Committee on Invalid Pensions. W. Hoar and others, of Rangley Me., and C. S. Akers and others, Also, a bill (H. R. 14933) granting an increase of pension to of Norway, Me., in favor of a parcels-post and a post-check bill- Henry A. Glenn-to the Committee on Invalid Pensions. to the Committee on the Post-Office and Pot-Roads. By Mr. SHERLEY: A bill (H. R. 14934) for the relief of Wil- By Mr. McCLEA.RY of Minnesota: Resolution of the Board of liam Hulings Henry-to the Committee on Claims. Trade of Mankato, Minn., against the passage of a parcels-post By Mr. SIMS: A bill (H. R. 14935) granting an increase of bill-to the Committee on the Post-Office and Post-Roads. pension to William G. Taylor-to the Committee on Invalid Pen- Also, resolutions of the Board of Trade of Mankato, Minn., in sions. ' . favt>r of enlarging the powers of the Interstate Commerce Com- Also, a bill (H. R. 14936) granting an increase of p ~nsion to mission-to the Committee on Interstate and Foreign Commerce. James T. Wolverton-to the Committee on Invalid Pensions. By Mr. MOON: Papers to accompany bill granting an increase By Mr. STANLEY: A bill (H. R. 14937) granting a pension to of pension to Ethan Allen Willey-to the Committee on Invalid Francis C. Clark-to the Committee on Invalid Pensions. Pensions. By Mr. SULLOWAY: A bill (H. R. 14938) granting a pension By Mr. PUJO: Resolution of Louisiana State Agricultural So- to Francis Rogers-to the Committee on Pensions. ciety and the Louisiana Stock Breeders' Association, in favor of By Mr. ZENOR: A bill (H. R. 14939) for the relief of John I the Adams bill to increase the appropriations for agricultural Glenn-to the Committee on War Claims. experiment stations-to the Committee on Agriculture. By Mr. McLACHLAN: A bill (H. R. 14940) granting an in- Ey Mr. SPALDING: Petition of Charles M. Pugh and others, crease of pension to Samuel D. Hovey-to the Committee on Inva- of Rock Spring, N. Dak., in favor of the parcels-post and post­ lid Pensions. check bills-to the Committee on the Post-Office and Post-Roads. By Mr. SPERRY: Petition of the Winchester Repeating Arms PETITIONS, ETC. Company, of New Haven, Conn., in favor of bill H. R. 9050-to the Committee on Ways and Means. Under elause 1 of Rule XXII, the following petitions and papers By Mr. THAYER: Resolution of the Boston Suffrage League, were laid on the Clerk's desk and refen·ed as fo11ows: in favor of the Dick and Crumpacker bills, relative to suffrage, By Mr. AIKEN: Petition of A. A. Dean and 214 others, of and the Morrell bill, relative to discrimination in interstate and Anderson County, S.C., in favor of the passage of a parcels-post international travel and commerce-to the Committee on the bill-to the Committee on the Post-Office and Post-Roads. Judiciary. Also, petition of G. W. Gignilliata~d45 others, of S~neea, S.C., By Mr. UNDERWOOD: Three petitions of citizens of Jefferson against passage of a parcels-post bill-to the Comnnttee on the County, Ala., in favor of an anti-injunction and an eight-hour Post-Office and Post-Roads. bill-to the Committee on the Judiciary. By Mr. BRADLEY: Petition of 30 residents of Stevensville, N. Y., jn favor of improvedparcels-postanda postal currency-to the Committee on the Post-Office and Post-Roads. By Mr. BUCKMAN: Petition of citizens of Clearwater, Minn., in favor of a parcels-post-to the Committee on the Post-Office SENATE. and Post-Roads. SATURDAY, .April 9, 1904,. By Mr. BURLEIGH: Petitions of Mrs. Almon Goodwin, of Fairfield, Me.; 0. K. Packard, E. Mercer, and E. E. Wilder, of Prayer by the-Chaplain, Rev. EDWARD EVERETT HALE. Norridgewock, Me., and F. B. Strout, o~ Belfast, Me., in favor The Secretary proceeded to read the Journal of yesterday's pro­ of the parcels-post and post-check bills-to the Committee on the ceedings, when, on the request of Mr. GALLINGER, and by unani­ Post-Office and Post-Roads. mous consent, the further reading was dispensed with. Also, petition of citizens of Lamoine, Me., in favor of the dogfish­ The PRESIDENT pro tempore. The Journal will stand ap­ shark bounty bill-to the Committee on the Merchant Marine and proved, there being no objection. Fisheries. By Mr. BURTON: Resolution of the Cleveland Chamber of DAUGHTERS OF THE AMERICAN REVOLUTION. Commerce, in favor of bm H. R. 7056-to the Committee on the The PRESIDENT pro tempore laid before the Senate a commu­ Merchant Marine and Fisheries. nication from the Secretary of the Smithsonian Institution, trans­ By Mr. CALDW~LL: Petition of J. T.Penningt?nand.22others mitting the sixth annual report of the National Society of the of Springfield, Ill., m favor of the Hepburn-Dolliver bill-to the Daughters of the Am.eric3n Revolution; which was referred to Committee on the Judiciary. the Committee on Printing. · By Mr. CONNELL: Papers to accompany bill granting a pen­ sion to John B. Hobday-to the Committee on Invalid Pensions. FINDINGS BY COURT OF OLA.IMS. Also, petition of F. H. Brig~s and 6 others, of.Carbon.dale, Pa., The PRESIDENT pro tempore laid before the Senate a com­ in favor of interstate liquor bill and other certam pending moral munication from the assistant clerk of the Court of Claims. trans­ measures-to the Committee on the Judiciary. mitting a certified copy of the findings of fact filed by the court Also, petition of .A. P. Tho:r;nas an~ 6 others, of Car?ondale, in the cause of the trustees of the Enon Baptist Church. in Ches­ Pa. in favor of an mterstate liquor bill and other certam pend­ terfield County, Va., v. The United States; which, with the ac­ ing'moral measures-to the Committee on the Judiciary. companying paper, was referred fo the Committee on Claims, and By Mr. DEEMER: Paper to accompany bill for the relief of order.ed to be printed. George E. Metzger-to the Committee on Claims. By Mr. DOVENER: Paper to accompany bill granting an in­ CHANGES IN R.A.ILWAY T.ARIFF RATES. crease of pension to Jam~ Fulkineer-to the Committee on In- The PRESIDENT pro tempore laid before the Senate a com­ valid Pensions. . munication from the Interstate Commerce Commission, trans­ By Mr. GILLET of New York: Petition of S. S. Comfort and mitting, in response to a resolution of the 11th ultimo, a state­ others, of New York, in favor of a parcels-;post and a post-check ment prepared by the auditor of the commission showing the bill-to the Committee on the Post-Office and Post-Roads. principal rates caused by changes in freight classification and the By Mr. GRIFFITH: Petition of John P. Porter and 20 others, advances in rates on a number of specified commodities, etc.; of Switzerland County, Ind., in favor of bill H. R. 9302-to the which, with the accompanying papers, was referred to the Com­ Committee on Ways and Means. mittee on Interstate Commerce, and ordered to be printed. •