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1886. CONGRESSIONAL -RECORD-HOUSE. 7919

HOUSE OF REPRESENTATIVES. The Clerk read as follows: To the House of Represent-aU~ : TUESDAY, August 3, 1886. I return herewith without approval Honse bill No. 833G,entitled "An act grunt- ing an increase of pension to Duncan Forbes." - The House met at 11 o'clock a. m. Prayer by Rev. Dr. BuLLOCK, of The beneficiary named in this bill enlisted under the name of Alexander Wa hington, D. C. Sheret,January7,l862,in the regular Army, and was dischargedJanuary8,1865. The J ourn.'ll of yesterday's proceedings was read and approved. He applied for a pension in 18i9, alleging that he was wounded. in his right b1·east December 31,1862, and in his right ankle Septell1ber 20,1863. He was pen­ FORT DOUGLAS MILil'ABY RESERVATION. sioned in 1883, dating from January 9,1865, for the ankle wound, but that part. of his claim based upon the wound in his breast was rejected upon the ground that. Mr. PAYSON, by unanimous consent, introduced a bill (H. R.l014) there was no record of the same, and the testimony failed to show that such n. making appropriations for lands, &c., at the Fort Douglas military wound had its origin in the serrice. 1·eservation, Utah; which was read a first and second time, referred to Though the lack of such a record is sufficiently accounted for, I am convinced that, conceding both the wounds alleged were received, this pensioner has been the Committee on Appropriations, and ordered to be printed. fairly and justly treated. ARREST OF A. K . CUTTING. It appears from the allegations of hls application to the Pension Bureau that after the wound in his breast, in December,1862, he continued his service till M:r. LAN~!, by unanimous consent, introduced a joint resolution September, 1863, when he was wounded again in the ankle, aud that with both (H. Res. 214) relating to thear~tandimprisonment of A. K. Cutting, wounds he served until his discbat·ge, in January, 1865. It also appears frQm the records that after his discharge from the Army, and on the 3d day of Feb­ an American citizen, by Jlt!exico; which was read a first and second ruary, 1865, be enlisted as landsman in the United States Navy, and served in time, referred to the Committee on Foreign Aftairs, and ordered to be that b1·anch of th.e service fo-r three years. printed. A medical examination in 1\Ia.y, 1885, disclosed t.hc appearance of a gunshQt wound in t-he right breast, which is thus des01·ibed: •• The mis ile strU£k the MESSAGE FROM THE SEN ATE. seventh rib of right. side and glanced off, leaving a. horizontal sear two and one­ A message from the Senate, by Mr. SYMPSON, one of its clerks, in­ fourth inches long and one-half'inch wide, deeply depressed and fi.rmJy adher­ ent.." formed the House that the Senate had agreed to the report of the com­ I credit this claimant with being a good soldier, and I am willing to believe mittee of conference on the disagreeing votes of the two Houses on the that his insistence upon a. greater pension than that already allowed by the amendments of the Senate to the bill (H. R. 9726) making appropria­ Pension Bureau, under liberal general laws enacted for the benefit. of him elf and all his comrades, is the result of the demoralization produced by ill-advised tions to supply deficiencies in the appropriatiol).s for the fiscal year end­ special legislation on the subject. ing June 30, 1886, and for prior years, and for other purposes. GROVER CLEVELAND. EXECUTIVE 1\iA.NSIO~-, July 31, 1886. VETO .1\IESSAGE-RACHEL BARNES. The SPEAKER. The Chair lays before the House a message from 1\Ir. TAULBEE. I move to refer the message and bill to the Com­ the President of the United States. mittee on Invalid Pensions. The Clerk read as follows: Ur. Rowru..L addressed the Chair. To the HOU&e of Representatives: The SPEAKER. The motion to refer is not debatable. The gen­ I return without. approval House bill No. 9100, entitled. • 'An act granting a pen­ tleman from Kentucky moves to refer the message and bill to the Com- sion to Rachel Barnes." mittee on Invalid Pensions. . William Barnes, the husband of the beneficiary muned in this bill, enlist~d in Mr. ROWELL. I would like, with the permission of the House, t() the United States Infantry in February, 1833, and was discharged February 24, 1841. make a statement. I introduced this bill,· and know th& man person­ In 1880 he applied for a pension, allt>ging that while serving in Florida in 1840 ally. He is getting the "liberal" pension of $'2 a month, and yet, nnd 1841. he contracted disease of the eyes. He procured considerable evidence being supported by a Grand Army post, is a totally disabled man with­ in support of his claim, but. in 1882, and while still endeavoring to furnish fur­ ther proof, he committed suicide by hanging. two wounds. His application was rejected by the Pension Department 'rhe inference that his death, thus occasioned, was the result of despondency as to one wound, although there was· ample testimony as to the second and despair brought on by his failure to procure a pensi011, while it adds a sad wound. He receives a pension of $2 a month, and yet it is said he gets feature to the case, does not aid in connecting. his death with his military service. That this was the view of the committee of the House to whom the bill was a "liberal" pension. . referred is evidenced by the conclusion of their report in these words: Mr. TAULBEE. From the reading of the message-­ "And while yow· committee do not feel justified. under the law as at present. Mr. BLAND. I demand the regular order. existing in recommending that the name of the widow be placed upon the pen­ sion-roll for the purpose of a pension in her own right. as widow of the deceased The SPEAKER. The regular order is the motion of the gentleman soldier mtd by reason of the soldier's death, they do think that she should be from Kentucky. allowed such pension as, had her husband's claim been favorably determined The question being put, the Speaker stated that the ''noes '' seemed on the day of his decease, be would have received." And yet the bill under consideration directs the Secretary of the Interior to to have it. place this widow's name on the pension-roll, and to "pay her a pension as such Ur. TAULBEE. I call for a division. widow from and after the passage of this act, subject to the provisions and lim­ The House divided; and tbere were-ayes 72, noes 57. itations of the pension laws." G;RQVER CLEVELAND. . So (further count not being called for) the motion was agreed to; and EXE

. - 7920 CONGRESSIONAL REOORD-HOUSE. AUGUST 3,

an d legitimate manufacture and sale of the thing upon which it is levied. If ities of A. K. Cutting, a citizen of the United States. This statement was accom­ this article bas the merit which its friends claim for it, and if the people of the panied by sundry documents and affidavits disclosing the facts of the case and land, with full knowledge of its r

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1886. , CONGRESSIONAL REOORD-HOUSE. 7921-

No. 2. Same to same,No.46,July3,1886, with accompaniment. NOTE. No. 3. Mr. Jackson to Mr.Bayard,No.266,Ju1y8,1886, witbaccompanimcnt.s. Consul Brigham is a lawyer, l1as been a judga, and ia a man of much ab!litY No. 4. Mr. Brigham to Mr. Porter, telegram, July 17,1886. and experience. I fully concur in what be says in this case as to the :Mex1can No. 5. Mr. Bayard to Mr. Jackson,telegram,July19,1886. courts in general. A reading of my reports on previous cases will show that I No. 6. Sametosa.me,No.22l,July20,1886. have sa.id substantially the same things over and over again. With this com­ No. 7. Mr. Jackson to Mr. Bayard, telegram, July 21,1886. ment I submit the case to the Depa1·t.ment. No. 8. Mr. Adee to Mr. Jackson, telegram, July 22,1886. WARNER P. SUTTON, No. 9. 1\fr. Jackson to Mr. A dee, telegram, July 22,1886. Comml-G e11cral. No. 10. Mr. Brigham to Mr. Bayard, telegram, July 22,1886. MATAMonos, July 7, 1880. No.ll. Mr. Adee to Mr. Brigham, No. 46,July 22,1886. No. 12. Mr. Brigham to Mr. Bayard, telegram, July 26, 1886. No.13. Mr. Bayard to Mr. Jackson,No.228,July.27,1!}86. [Inclosure 1 in No. 4.5.] No. 14. Article 186 of the Mexican penal code. No. 15. Mr. Jackson to ~1r. Bayard,No.272,July 22, 18SG. ADVERTISEXENT.-A CARD. EL PAso, TF.:X., June18,1886. No.1. To EmigdilJ Medina, oj Paw de~ N01·le: · 'l.Ir. Brigham to Mr. Porter. In a late issue of El Centinela, published in Paso del Norte, Mexico, I made the No.4.S.] assertion that Emigdio 1\J.edina was a "fraud," and that the Spanish newspaper UNITED STATES CoNSULATE, he proposed to issue in Paso del Norte was a scheme to.swindle ndvertis~rs, &c. Paso del Norte, Mexico, July 1, 1886. 'This morning said Medina took the matter to a. MeXIcan court, where I was forced to sign a "reconciliation." Sm: I have the honor to communicate the following facts in regard to the ar­ Now, I do htlreby reiterate my original assertion, that sai~ E~igdio Medina rest and imprisonment of Mr. A. K. Cutting, an American citizen, by one of the is a "fr:J.ud "a.ndadd ''dead-beat" to the same. Also, thath1stakmgadvantage court.s in this city. of the Mexican law and forcing me to a "reconciliation" was contemptible and Mr. Cutting is a resident of Paso del Norte, and engaged as an editor of a news­ cowardly,and in keeping with the odorous reputation of said Emigdio Medina, pa~er called El Centinela, in a recent edition of which he published some And should said Emigdio 1\Iedina desire "American" satisfaction for this reit­ str1ctures upon one Emigdio Medina, who proposed engaging in the newspaper eration,! will be plea.sed to grant him all he may desire, at_any time, in any business also. manner. , , For this offense Mr. Cutting was arrested and brought before the court to A. K. CUTTING. answer. Under the law here. when the parties agree to and sign a" reconcili­ ation" the case was dismissed, which was done in this instance, Mr. Cutting being required by the court to publish it in his paper, which he did. tlnclosure 2 in No. 4.5.] Ou the 18th day of June Mr. Cutting proceeded across the Rio Grande River to the United States. to El Paso, Tex., and published a card in the El Paso Herald, Mr. Cutting to Mr. Brigham. in which he reiterated his former charges, and makes some others, branding PA.<:O DEL NORTE,111EXICO, Wednesday, Jwte 23, 1886. Medina's conduct as "contemptible and cowardly," &c., copy of which card I inclose, marked No.1. · Sm: For a.n alleged offense committed in Texas, United States of AmeriCa., I When Mr. Cutting returned to Paso del Norte he was again arrested, pre­ ha.ve been arrested and jailed in Paso del Norte, 1\fexico, by a Mexican judge, sumably at the instance of Medin.a, and taken before the judge ofthe second Now, as an American citizen I place myself under the protection of yourself as court. Before this court Mr. Cutting was refused counsel and an interpreter, United States consul. both of wijich he requested, and with closed doors, no one being present but · I nm, &c., - the judge, the court interpret-er, and the accused, the so-called examination of ,A. K. CUTTING. tl!e case was proceeded with, which resulted in the committing of Mr. Cutting to jail. [Inclosure 3 in No. 45.) At this stage of the proceedings, and before he was taken to jail, Mr. Cutting notified the court that be claimed the protection of his Government, and would Mr. Brigham, to judge of the second court, Paso del. Norte. 1·efer the matter to the American consul, which he did by the following com­ munication to me, dated June23, 1886, marked No.2. CoXSULATE OF THE UNITED STATES OF AMERICA, Ou the receipt of this communication I proceeded to the office of the official Paso del Norte, Mexico, June 25, 1886. Jnterpreter of the court to ascertain the exact charges against Mr. Cutting, and Sm · I have the honor to officially communicate with you in regard to the was informed that he was arrested for the publication in the El Paso ('l'exas) arrest. and imprisonment of A. K. Cutting, an American citizen, by your order, Herald; that he was examined upon this charge alone, and committed to jail I have been informed by the official interpreter to your court that Mr. A. K. on the same. I suggested that the court acted without jurisdiction and h!Ul Cutting was arrested, examined, and in?~~.rcerated for an o~ense (i~ offense at done a wrong to Mr. Cutting, to which the interpreter replied that if the judge all) committed in the State of Texas, Umted States of America, wh1ch was the had made a mistake in the case it was in the power of the prosecuting attorney publication of a card in the El Paso (Tex.) Herald. to dismiss prosecution when the case came up, which he thought he would do It is scarcely necessary for me to call the atteption of your honor to the fact the next morning. that for an offense committed in the United States your court can not possibly , I then wrote a note to Mr. Daguerre, the partner of Mr. Cutting in the news­ have any jurisdiction. Therefore the arrest and detention of 1\lr. Cutting in paper, and engagt>d his services to see the prosecuting attorney and ha.ve tLe jail is wholly unwarranted and oppressive, and in violation of one of the sacred case dismissed. The result was that the attorney left tl1e impression that the principles of American liberty. 'l'his communication is for the purpose of mak~ case would be dismissed the next day, which was the 24th day of June. On t,he ing a formal demand upon your honor for ,the immediate release of Mr. Cut~ morning of that day (being confined to bed by sickness) I sent my clerk to the ting, which I do in the nam~ of ~he United States Govt'rnment, which I have court-room to ascertain what was done in the case, and; in company with Mr. the honor to represent at thJS pomt. Daguerre, they called at the court-room, where they found the judge, the prose­ '!'rusting that you will comply with my 1·equcst and petition in his behalf, and cuting attorney, and the official interpreter. The prosecutiag attorney notified order his immediate release, them he could do nothing on that day, as it was a legal holiday, and they re­ I am, &c., tnrned and so reported to me. J. HARVEY BRIGIIAU, Consul. Believing that the authorities would take no action is the case, and release 1\Ir. Cutting, on the morning of the 25th of June I dictate.d from my sick bed a. [Inclosure 4 in No.4.5.] formal communication to the judge, demanding his release upon the ground _ that the court was wholly without jurisdiction of the matter, and instructed my A.(Jidavit of A. K. Cutting. clerk not to delh·er the letter if 1\:lr. Cutting was released. He found the court Before me, J . .,Harvey Brigham, United States consul at Paso C!cl Norte, Uex­ in session; the prosecnting attoNley put in :m ap·pearance for a. while and left ico, on this 1st day of July, 1886, personally came and appeared ~ugustus K. the court, taking no action whatever in the case. My clerk then banded the Cutting, who, being duly sworn_, deposes and says_ as fo~l<;>ws, to WI~: judge my communication, copy ofwhicl! I herewith inclose, marked No.3. 1\Iy name is Augustus K. Cuttmg-; I am an Amencan citizen, born m the State To this communication his honor never even deigned a reply, and Mr. Cut­ of New York on the 30th day of August, 1841, and am forty-five years of age. ting still languishes in jail, having been thus confined for more than one week. I am and ~ve bPen a. resident of the city of Paso del Norte, Mexico, for the Bail was refused him, which he was prepared to give in any reasonable amount. past eighteen months, off and on, n.nd am engaged as editor and proprietor of Thus it will be seen that I have used every means in my power for the re­ the weekly newspaper called El Centinela. lease of this prisoner, without avai.l. That he is confined without the warrant I had a di~U~-greement 'Yith one EmigdioMedina,and ~m the.lSth dny of June, or shadow of law1 I take it there will be no question. If this fact be conceded, 1886, I published a card m. the El Paso (Tex.) Herald, I!! wh!Cl?- I made some it seems meet ana proper for the Department to take the matter in hand and strictures on the said Medmo.. The annexed copy of sa.Id card IS correct. For demand an immediate release of the prisone1· and a full indemnity for the out- this oublication in the Texas paper I was arrested on the 23d day of June, 18861 and taken before one Regino Castafieda, judge of the second court of this city. ra~ould here suggest ~at the parties culpable in this matter are the judge When before the court I asked the privilege of counsel and an interpreter, both who issued the order for the arrest and illegal detention of the a<'cused, one of which were denied me, and the said judge (including all other parties) ex­ Regino Castaneda., and the prosecuting attorney, one Jose Maria Sierra., who cept the official interpreter, ~ne po~ice oflictlr, and on~ MexiCS;~-n, and myself ~r~ had it in his power to have dismissed the easel and who still has that power, ceeded with closed doors to mvest1gate the case, wb1ch he dtd solely by askrng but refuses to exPrcise it. Both of said officers snould be deposed as unworthy me questions w~ich I refused toanswe~.-, c.lai!lli!'gthatthe card having been pub­ the places they fill. . lished in the Umted States, be bad no JUl'JSdlct!On. I will further state that I have demeaned myself throughout with every proper At the conclusion of the examination the judge notified me that I would bo courtesy and respect to the authorities in this matter, and urged Mr. Cutting to held to answer to the charge of having published the card in the Texas paper, do likewise, and to obey all the orders and decrees emanating from the court, and that I would have to go to jail. At this point I claimed the protection· of which he has done. That the court has so treated me, personally or officially, the United States Government, a.nd so informed the court, and w1:ote a letter to does not so clearly appear, and the failure to reply or take any notice of my offi­ Hon. J. Harvey Brigham, United States consul, informin.g him of the fact. '!J;le cial communication is a. matter of which the Department is fully capable of court refused me bail which I could at any time have giVen, and I went to Jail, judging, and will be prepared intelligently to act. where I have been inCarcerated since the !!ad June, 1886, in a filthy, loathsome From the very inception of the case I am satisfied there bas been no desire or p1·ison. · · f intention to do Mr. Cutting justice, and it has been boasted that they ron keep During the day I am allowed the freed?m of the conrt-yar~. or me1 osure o him in jail for six months or a year if they see p1·oper to do so. the prison, but at night I am locked up With all the o~her priSoners, of ev~ry The claim thnt the 24th dav of June was a legal holiday was a. mere subter­ grade and stamp, in the same room, some 18 by 40 feet, w1th only one !ioor, which fuge, and was, in point of fact, untrue, the mayor's court being in session, and is locked at night, making it a closed room in every respect, th~re bemg no other the post-office and custom-house kept open the usual hours during the day. means of ventilation. The room is filthy and loathsome, With only a gro~nd • • * • * • floor. No bed c1othing of any kind bas been furnished me, and b.ut forth~ kmd~ I herewith inclo e the affidavit of A. K. Cutting, marked No. 4; affidavit of ness of friends outside I would have to sleep on the bare ground mall thl8 filth 1 Mr. Daguerre, marked No. 5: affidavit of l\1r. Henry G. Turner, marked No. 6, as other prisoners have to do. . substantiating the fact.s set forth in this dispatch. Also extracts from the El I am allowed six tclacos Mexican money per day (equal to St cents AmeriC~n Pago Daily Times and Daily Tribune as an index of public sentiment on this money) upon which to subsist, and would have suffered for food but for assist- subject. ance and food from the outside. AUGUSTUS K. CUTTING. I have written thus plainly and pointedly because I am fully persuaded that the necessities of the case demand it. Sworn to :md subscribed before me tbi;l day. I run, &c., - [L. s.] J. J. IIARVEY BRIGHAM, Consul. H.-\.R'1-!it~crJZ~!;lsul. X.VII-49G ------

7922 CONGRESSIONAL RECORD-HOUSE. AuGUST 3,

[Inclosm·e 5 in No. 45.] and to the State of Texas alone he is amenable for it; the idea o:t punishing a Ajfida'llit of A. N. Daguerre. man foT an offense committed in a foreign country being purely Mexican . . It is on this ground that Consul B1·igham will proceed, and it is to be hoped Before me J. Harvey Bl'ighnm, United Rtatcs consul at Paso del Norte, Mex­ that ho can compel the authorities wilh which he is contending to do justice to • ico, came and appeared, on the 1st day of July, 1886, .Mr. A. N. Daguerre, who, be­ hi countl·yman. ing duly sworn, deposes and says as follows, to wit:. I am personally well acquainted with A. K. Cutting, and know him to be an American citizen. I am engaged with him as partner in the publication of a More Mexican atrocilie;;. newspaper called El Centinela. I know that he was arrested and imprisoned The aulipatj.ly of tho Mexican Government and its people in general toward for publishing a card in theEl Paso (Tex.) Herald, June 18, 1885, reflecting upon Americans is again illustrated in the case of l\1.r. Charles Merkley, the worthy 1\Ir. E. Medina. I was present in the court-room and heard the judge announce station agent of the 1\lexican. Central at Chihuahua, who WI\S imprisoned last these facts in reply to questions asked by l\Ir. D. J. Sarback, clerk to the United week at that place and denied bond for defending himself from an attack made States consul. I am myself a Mexican, and speak the Spanish language, and by a pelado who became 'enraged because he did not see fit to turn over freight knew exactly what he stated. The judge stated emphatically that 1\Ir. Cutting to him without a written order, in accordance with the instructions of the com­ wns not in jail for contempt of court, but for the publication of the card in the pany in every instance. He struck Mr. Merkley first, and the offense of the El Paso (Tex.) Herold. I was present in the court-room., June 2-!, .SSS, when latter consisted in resisting the blow. Mr. Scott, United States consul at that we hoped to have Mr. Cutting released, as I had been infonned that the prose­ point, up to the present h as seen fit to make no intercession in behalf of Mr. cuting attorney would probably dismiss the case. Merkley as a citizen of the United States. He enjoys the reputation among the The prosecuting attorney informed everybody present that he could do noth­ Americans of Chihnahuo. of being a "veritable chump," who is wedded to a ing in 'the case that day, Claiming that it was a legal holiday. I do not under­ 1\Iexican, nnd, of course, thoroughly in accord with 1\Iexican ways. stand that it was a legal holiday, and all the other courts were in session and In Paso del Norte we happen to have a most efficient consul,JudgeBrigham, the custom-house and post-office were open on that day. I was present in court who has ever been alive to his duty as a representative of this Government, and when bail was refused 1\ir. Cutting by the judge. Iknowthat he is able to give if his report to Washington in rt:gard to the audacious interference with the bail in any reasonable amount and by some of the wealthiest men in the city. liberty of American citizens by the authorities of Paso del Norte meets with no As long as I have known Mr. Cutting he has been a peaceable and law-abid­ attention on the part of the powers that be, we might as well dispense with such ing citizen and diligent and attentive tQ his business. Never knew him to be in official appendages to our Department of State and throw ourselves upon the any other difficulty. I have visited him in jail daily since his imprisonment mercy of our persecutors, or else redress our wrongs as best we can as a com­ nnd know it to be a loathsome and filthy place. I know that at night he is locked munity. in a room with from six to eight other prisoners, and when the door is locked l\Ir. Cutting, the editQr of El Centinela, for publishing an article on this side there are no other means of ventilation. It is an adobe house, almost air-tight, of the river, languishes in their bastile, a place of filth and dirt, where thieves and has a dirt floor. He is allowed six Mexican tclacos per day upon which to and murderers would more than expiate their crimes in lingering a single night; subsist (equal to Bt cents American money), and it is necessary to furnish suita­ and this is Mexican justice meted out to a loyal citizen of a land upon whose es­ ble food from the outside. He was not furnished with any bedding (not even a cutcheon there lingers no stain, and whose past history, replete with heroic blanket) and would have luul: to sleep on tho ground or a bench if bedding had deeds, has made her a stiu among nations, her only fault being her leniency not been' furnished him by h~s friends. toward this unappreciative neighbor, who has mistaken sympathy for her weak­ I am thirty years of age, and bom in this cit.y , and am a married man. ness for fear-t and shows her gratitude by flaunting insult after insult in the very A. A. DAGUERRE. face of our uovernment. A few palliating woTds from the city of Mexico can. Sworn to and subscribed before me on the day and date above written. not make reparation for such flagrant outrages. There are no extenuating cir- fL. s.] . J.HARVEYBRIGHAM, . cmnstancesin these cases. Unless our citizens are protected, of what value tuo Unitecl States Consul. our treaties? ·

[Inclosure No. 6 in No. 45.1 [Inclosure 8 in No. 45-Newspaper article .] AffidQ:vi.t of H. G. Tumer. The Cutting case. Persona lly came and appeared before me,J.Harvey B1·ighnm, United States consul at. .I•aso del Norte, Mexico, on thislstdayof July,l886, Mr. H. G. Turner, Rcgino Casteiieda, tue judge of the second court of Paso del Norte, a diminu­ who bein.,. duly·sworn, deposes and says as follows, to wit: tive specimen of humanity, who is weighted down with the high functions or I aht pe:'sonally well aeqnainted with A. K. Cutting, and know him to be an "eljuicio," and wears the dignity of his petty oflice with more pomp and cir· American citizen, and that he is engaged in the newspaper business in this city. cumstancethan the Czar of Russia, and befoTewhomitwas 1\:lr. Cutting's" mala I was p1·esen t in court when it was anm>ltnced by the judge, through the offi­ suerte" to be arraigned, became incelll!ed at the American con ul, Judge cial interpreter, tha.t l\Ir. A. K . Cutting had been arrested for publishing a card Brigham, who, in sending his official request that 1\Ir. Cutting should be liber­ in the El Pa o (Tex.) Herald, June 18,1886, reflecting upon 1\:lr.E.Medina; that ated, deemed it fit to say that he was informed by the official interpreter, instead he had been examined and was being held on that charge. I frequently visit~d of saying he was informed by his honor, fue high muck-a-muck, the all-potent him in prison and know that it is a loathsome, filthy place, with a dirty ground ;uez, through said inteTpreter; and upon such quibbling he hns procrastinated floor and that it smells very badly, and thnt he is incarcerated with eight or ten and sought the opportunity to exhibit his power. The interpreter, seeing that othe; prisoners all in one roomoat night. These prisoners are in jail for vaTious this only involved the changing of a few words, took the responstbility upon himself to eho.nge the document, and then his honor again was piqued, because offenses and so~e of them dirty, filthy creatures. I know that he would have he did not wish it known that he had imparted any information of an official had 110 bedding (not even a blanket) unless they had been provided by friends character to a United States consu~ and wished the docu.mcnt changed again. ii outside, and that I personally provi4.ed th~ things for him. Mr. Cutting in­ formed me that he was allowed only six 1\Iencan tclacos a day) equal to about At this juncture l\Ir. Daguerre intercepted and took the document back to Judge Brigham, who has been exceedingly ill and is now confined to his room. !. cents in American money) upon which 'to subsist. I have been personally The latter reproved the interpreter severely for changing an iota of the docu­ attending to the matter of sending hi_s meals to him da~y, ~owing the ~so­ ment, and refused to have any further parlance with his majesty, Casteiieda, but lute necessity therefor. When the priSoners are locked 1n sa1d room at mght, will write to Washington for immediate instructions on the matter and see if it is entirely closed up, and there are no means of ventilation left.. It is a. close Uncle Sam will forever submit to such insults, this time from a. petty little juez adobe house, nearly air-tight. It is an exceedingly nn wholesome and filthy segnnda in a frontier town, in a republic that would crawl in its hole at the first pJ~~~owthat Mr. Cutting is able to give bond in almost any amount by the best command "To arms!" given by this Governm•mt. meri i n this city. I am satisfied, from my knowledge of this case, that the arrest This is not the first occasion of the kind, and it is about time Mexco should bo taught tQ respec~ this• Government. The fault is with the .Government in ~ot and imprisonment of Mr. Cutting is mainly for the purpose of oppressing and exo.cting reparatiOn for all such flagrant breaches of the com1ty that should exist humiliating him, and I will state thnt this is the general impression. , I have between neighboring and friendly nations. The supineness of the Government ,, been residing in this city for the past three years, nnd run an employe of the in the matter of the killing of Captain Crawford is enough to totally de troy the ,, 1\le:kican Central Railway. respect. for this nation in Mexico. When an English subject is in any way abused H. G. TURNER. in Mexico the home go>ernment immediatety exacts reparation. In one case Sworn to and subscribed before me on the day and date above written. an Englishman's horse was taken, and he was obliged to walk to town a distance. n [sE.\ L. ) . J. HARVEY BRIGHAM, of a few mites. Not less than $1,000 were exacted and paid. United SLates Consul. When this Government respects itself sufficiently to protect its citizens in a foreign country an en<;I will be !llllousi n~~. and. the consul believes the holiday was merely a subterfuge. He Wl~l this mormng m.ake a formal de­ [Inclosure in No.45-Trn.nslation.J mand as United States consul on the magistrate, who occupies the same rela­ tive position as a justice of the peace in t-his country, for the release of Cutting, Judge Castaneda to iJrr. Bl'igham. and will forward a report or th~ ~.to. ~e Departm~nt o~ State a~ 'Vashing­ In answer to yonl' favor of this month I have the bonor ~o state to Y!>U that ton. The offense for which Cuttmg lS mJall wo.s comm1tted m the Umted States, all public officers for criminal cases are prohibited by a pecmllaw to gtve any - --.· _, -- - -· -· - - - ~--- - -~

1886. CONGRESSIONAL RECORD-HOUSE. 7923

information in-regard to the criminal cases that are up before the court to peo­ lease of .A. K. Cutti ug, a citizen of the United States, now unla. wfully imprisoned ple that have no legal intervention in those cases, the more so when, according at Paso del Norte." to the "International Rights" of Calvo, consuls have no jurisdiction, either civil By the documents before me the following facts appear : or criminal, in cases concerning their countrymen. (Book 10, paragraph 490, page On June 18last A. K. Cutting, a citizen of tbe United States, who for the pre­ 614, volume 1.) All of the above refers to 1.-Ir. Cutting, in consequence of which ceding eighteen months bad been a resident, "off and on," of Paso del Norte, I can not order his release in any but the forms prescribed by the laws of this Mexico, and as to whose character for respectability strong ev.idence has been country. adduced, published in a newspaper of El Paso, Tex., a card commenting on cer­ I remain, &c., tain proceedings of Emigdio Medina, a. <>itizen of 1\lexico, with whom 1\Ir. Cut­ R. CAST.Al\'"''.EIU. ting has been in controversy. For thispublicationl\Ir. Cutting was imprisoned on the 22d of June last, at El Paso del Norte, in 1\'Ierico. Such a. publication would not, even had it been made in 1\lexico, be the subject of criminal prose­ No.3._ cution in that country, according to the Roman common law there in force, nor Mr. Jachson to :MJ·:Bayar

No . .6. No. 10. Mr. Bayard to Mt·. Jackson. Ml'. B1·igham to Mr. Bayard. No. 221.] DEPARTMlli'iT OF ST ll.TE, Washington, Jtily 20, 1886. [Telegram.] Sm: After reading the· telegrams a.nd dispatches (copies of which I inclose U:!\'ITED STATES CoNSULATE, Paso del ltorte, July 22,1886. for your information) of l\1r. J. Harvey Brigham, United States consul atEl Paso, 'Mexico massing troops at this point, one bundred and fifl;y men this morning Mexico;-and also your No. 266, dated the 8th instant, relating to the case of Mr. A. and two thousand said to be on their way. Cutting still in prison. Great ex­ citement. K~~u:u~~~~~~7:'~~~t~ a~~~;dt~; t~~ ~:!i~:nasd~~~~ent the instant re- BRIGHA.M, ()(}n.fUl.

- - --- ~ --

7924 CONGRESSIONAL RECORD-HOUSE. AuGusT a;

No.ll. No.15. Mr. Adee to Mr. B righam. Mr. Jackson to Mr. Bayanl. No. 46. ) DEPARTMENT OF STATE, Washington, July 22, 1886. No. 272.) LEGATION OF TilE UNITED STATES, Mexico, July 22, 1886. Srn: Referring to your dispatch numbered 45, relative to the imprisonment of Mr. A. K. Cutting, I have t-o inform you that the Department recognizes with SIR: On the evening of the 19th instant, immediately after the receipt or your mucll satisfaction the justice of your action and the ability you have shown in t~legram of that date, I addressed a. note to Mr. :Mariscal, of which 1 now for­ your report to us of the case. · '':ard a copy. I thought it wise, for the purpose of avoiding possible delay in I run, &c., hlS action, to direct 1\Ir. Mariscal's attention to the fact tllnt his note of 7th in· ALVEY A . ADEE, Acting Seactary. stant, relating to Mr. Cutting's case, wa.s probably before yon when the instruc­ tion was sent by wire to me and was therefore not satisfactory. A_fter DU1.kiJ1g t~e clemn.nd I telegr~phed to Mr. B~igham to ~ive me prompt No.12. nohce of 1\Ir. Cuttmg's release. Ra.vmg heard nothi.ug from h1m nor from Mr. Mr. B righam to Mr. Bayard. Mariscal dnring the 20th, on the 21.st I addressed anot11er note to Mr. Mariscal; a copy of which I also inclose,.and late in the evening received his answer, of [Telegram.] which a. copy and translation are now sent. They go by the earliest mail after UNITED STATES CoNSULATE, Paso del Norte, July 26, 1836. the receipt of the original note by me, but were anteceded by a telegram, in the Governor of Chihuahua pushing trial of Cutting, who ignores proceedings. following words: Result may be reached to-day. If acquitted, what do? "Instant release of Cutting refused. Reasons given at length. Shall I tele- BRIGHAM, Cousul. graph them?" . I also inclose a tronsln.tion copy of Article 260, Code of Penal Procedure re­ ferred to in the communication from the governor of Chihuahua to :Mr. Mari~cal No.13. which accompanied the note of the latter to myself. ' Mr. Bayard to Mr. Jackson. lam, &c., HENRY R.. JACKSON. .No. 228.) DEPARTMENT OF STATE, Washinufon, July 21,1886. I' SIR: Since my No. 221, of the 20th instant, I have received no further com­ ,, munication from Mr. Brigham, consul at El Paso,nor from yourself, in connec­ [Inclosure 1 in"No. 272.] tion with the impris, 188G. Mr. Romero produced to me the Mexican laws, article 186, whereby jurisdic­ SIR: I hasten to communicate to your excellency the following telegram tion is assumed by Mexico over crimes connnit.ted against Mexicans within the which I have just received from Mr. Bayard, Secretary of State, at \Vashing: United States or any other foreign country; and under thi:S he maintained the ton: "You are instructed to demand of th'e Mexican Government the instant publication of a libel in Texas was made cognizable and punishable in Mexico. release of A. K. Cutting, n citizen of the United States, now unlawfuJly im- .And thus M1·. Cutting was assumed to be properly held. · prisoned at Paso del Norte." . This claim of jurisdiction and lawful control by Mexico was peremptorily and It is proper for me to state that, upon referring to my correspondence with positively denied by me, and the statement enunciated that the United States my own Government, I ascertain that a. copy of your excellency's esteemed would not a.s'Jent to or permit the existence of such extraterritorial force to be !lote of.7th instant was forwarded to Mr. Bayard o.n the 8th~ immediately upon given to Mexican law, nor their own jurisdiction to be so usurped, or their own 1ts receipt, and must, consequently, have been received by hun prior to the l!>th local justice t-o be so vicariously executed by a foreign government. instant, the date of his telegram. In the absence of :my treaty of amity between the United States and Mexico In making this demand through yow· excellency, I beg to renew the assur­ providing for the trial of the ciLiz.ensof the two countries respectiyeJy, the rules ance oC my most distinguished consideration. of international law would forbid the assumption of such power by Mexico as is IIEN.RY R. JACKSON, contained in the Penal Code, article lg(}, above cited. The existence of such power wa& and is denied by the United States. Mr: Romero informed me that the local or state jurisdiction over Cutting's [Inclosure 2 in No. 272.] case did not allow interference-by the national Government of Mexico in the Jlr. Jackson to Mr. Mar-iscal. matter, and that it :was this conflict that l1ad induced del~cy in responding to the demand of this Government for Mr. Cutting's release. · LEGATIO~ OF THE UNITED STATES, Mexico, Jt~ly 21, 1886. !lr. Romero finally assured me that I might" rely confidently upon Mr. Cut­ ting's release in a very short time, and that there would be no doubt about the Sm: On the 19th instant I had the honor of making a demand through your compliance of his Government with the demand made through you. excellency upon the Mexican Government for the instant release of Mr. A. K. I communicated these facts to you in order to give you a full comprehension (Jutting, a. citizen of the United States, unlawfully imprisoned at Paso del Norte. of the case as it appears here, and the disposition of the l\lexican government This demand wa.s made under directions by telegram from my own G-overn­ as here expressed. ment.. There was a more extended conversation on my part with Mr Romero on the Although instruct~d by me to communicate by telegram the fact of the releage general subject of the treatment by the Mexican authorities of American citi­ Tfn~~~ ~~!~~g~~u\oa:~!~~~eN~r~~ave heard no.thing from Ml·. Brigham, .zens and cases affecting thcil: property and interests. I stated to him personally and at some length the single voice that had come For these reasons T apprehend that possibly my note of the 19th instant to this Depa1·tment from lli. Foster, Mr. Morgan, and )·ourself. in which a decla­ though sent by the usual channel, DJ.ay not have been placed in your excellency'~ ration was made of the hopelessness of obtaining justice to our citizens in cases hands. · where they had been wronged by the officials and Government of Me.xfco. Jn calling attention to this matter I renew the assurance of my most distin- I also called his attention to the avowed policy and action of Mr. Mariscal of guished consideration. - compelling all claims wherein the Government of Mexico was sought to be held HENRY R. JACKSON. liable for tortious proceedings to be tried and decided in tribunals of her own creation and under her sole control, whose judgments, he claimed, should be [Inclosure 3 in No. 272.-Trnnsln.tion.] held final and conclu ive against citizens of the United States. As this pretension of exclusive control was now under consideration and the Jfr. Ma1·iscal to Mr. Jackson. subject of correspondence, notably in the case of the Rebecca, I stated merely that the United States did not accept the judgments of lex.ican tribunals in DEPARTMENT OF FOREIGN AFFAIRS, Mexico, July 21, 188G. cases where Mexico was a party to the dispute to be binding upon the United 1\lr. MrsiSTER: Yesterday I had the honor of receiving your excellency's com-· States. munication,dated the day before, and containing a telegram from Mr. Bayard, I passed, however, to the broader view of the necessity of administering in­ the Secretary of State, addressed to that legation, to demand from the Mexican ternational laws in a. spirit of amity, comity, and justice; that these were the Goven1ment the instant release of A. K. Cutting, i..nuJrisoned illegally, as that wise and true paths of peaceful government, and that the alternatives of reprisal message said, in Paso del Norte; and to-day there has reached my hands another and force were the last and most unsat·isfactory resorts. communication of this morning, in which your excellency, not having received Mr. Romero i'! too well convinced to make my renewed avowal necessary thnt notice that the prisoner had left the jail, supposes that I have not received the nothing inconsistent with the self-rel"pect, honor, and prosperity of Mt:-xico is first of the said notes. desired or intended by the United States, and that it was in the interest of Mex­ As soon as I had noted the contents of that communication I telegraphed to ico even more than of the United States that no friction or exasperation should the governor of Chihuahua, re-recommending the matter to him, asking him to be permitted in the intercourse of the two govcniments and of their inhabitants; advise me as to its status. As yet 1 h11.ve not received a. reply to th11t telegram that to avoid nil such irritation or the straining of our friendly relatious it is up to this hour (2 p.m.), and this I should not wonder at, in fact, as I know that . essential that a. spirit and readiness to redress wrongs and enforce equitable set­ the said functionary has had to address the sup1·eme tribunal of the state and r: tlements of matters of difl'erenceshould be constantly and practically manifested. the tribunal, the Judge, at Paso del Norte. Mr. Minister, these are delays that I am persuaded of the good intent of Mr. Romero toward this Government, are inevitable in n. country governed by institutions like ours, where the fed­ and believe him also to be patriotically faithful to his own. From him I have eral executive is unable to communicate directly with the local uthorities of assurances that 11> desire to respond in a friendly and conciliatory spirit influences the states. Much le~ could it give them orders. To do thus would imply a pos­ the present l\lexi<'an administration. And if this be the true state of aft'uirs it itive offense, especially in the case of judges independe nt even of the adminis­ can be r eadily demonstrated. and all questions of conflicting interests and opm­1 trative power of the state to which they belong, and that offense would be even ions now under consideration diplomatically between the two governments more aggravated if designed to trample out and peremptorily stop a legal proc­ I' can without difficulty be equitably, honorably, and satisfactorily adjusted. ess. instituted by an interested party, as I understand the case of 1\lr. Cutting lam, &c., tok . T. F . BAYARD. These considerations can not but have been evident to the judgme nt of your excellency's Government, as they refer to the nature of institutions in that par­ ticular identical to those in force in the United States of America. I believe, No.U. therefore, that only the pressure brought t-o bear by private p ersons, or p e rhaps by I t [Handed to Mr. Bay:uu by Mr. Romero July 29, 181)6.] an ill-informed press, can have been able to bring about the result that a Govern· ment friendly to Mexico, and which up to the present has no compla int against A rticle 186 of the Mexican Pe-nal Code. this nation for lack of compliance with its international o bligations, should de­ Any crimes th at m ay be committed on the territory of a foreign state by a mand in an absolute manne1· what is, in every light, morally impossible. Mexican against Mexicans or against foreigners, or by a foreigner against Mexi­ In the matter under treatment all has been done up to the present by this cans, may be punished in Mexico, in conformity with the laws of the country, govemment that comes in the sphere of its facilities; all that can be asked of under the folJowing provisions: it while amity and peace reign between the two nntions. l. That the accused party should be fu Mexico, whether of his own free will Interposed, as has been the moral influence of the president of the republic, or by having been extradited. to the end that the case may be conducted with justice, it should be confidently 2. That a proper complaint should be made by the legitimate party in case hoped that very soon the matter will be terminated in a satisfa ctory manner. ~he guilty person should be a fore igner. I infer this, not only from these reflections, but also from the recomme ndation 3. 'l'hat the accused party should not have been tried in the country where Jnade by the supreme tribunal of ju10tice of Chihuahua, which your ex<:'ellency _ the crime was comDJ.itted, or, in case he has been tried., that no acquittal am- wiJI see in the accompaniment which I have the honor to inclose, and which nesty, or pardon should have been pronounced in the matter. ' document I received in original to-day, sent to me in con equence of the com­ 4. That the violation of which he may be accused should be considered a muuica.tion which I addressed to the governor of that state on the 7th instant, crime both in the country where it was committed and in l\1exico. relative to the matter, 5. That the crime should be liable, in accordance with the l&ws of Mexico, to I am, &c., n more severe punishment than that of arrest. IGNO. :MARlSCAJ.., II ll I; . c.· . --·- ~ .------· - -·------~---'--·----

1886. CONGRESSIONAL RECORD-HOUSE.

[Inclosure 4. in No.272.] ~Ir. BURN:&S. Mr. Speaker-- Mr. Maceyro to Mr. Ma1'i$cal. The SPEAKER. The gentleman .from Kentucky [Mr. WILLIS] [Mexican Republic, government of the state of Chihuahua., second sect-ion, de­ makes a report from a. committee of _conference. For what purpose partment of justice No.l33).] does the gentleman from Missouri [Mr. BURNES] rise? The president of the supreme tribunal of justice of the state, in a communica­ tion, No. 733, of the 14th of the current month, says to this government: · Mr. BURNES. I hold in my hand a privileged report from a com­ "The supreme tribunal of justice, over which I have the honor to preside, mittee of conference in regard to the Senate amendments to the gen­ i having noted the contents of your esteemed communication, No. 1279, of the eral deficiency bill, and I desire to raise the question of consideration i 12th instant,in which you are pleased to forward a communication addressed to you by the secretary of state and of the department of foreign o.ft'airs rec­ against the report just submitted by the gentleman from Kentucky. ommending that justice be administered to Mr. A. K. Cutting, in the imprison­ The SPEAKER. The gentleman from :Missouri raises the question ment of which he complains; under this date the supreme tribunal decreed of consideration against the conference report presented by the gentle­ what I copy, without preventing the second judge of Bravos from administer­ ing prompt and due justice in the matter referred to by the secretary of state man from Kentucky. The report will be 1·ea{}, after which the ques­ and of the d~artment of foreign affairs, in the communication forwarded by tion will be put to the House. the executive of the state, let the said second judge report wit-hin the term of 1\Ir. JOHNSTON, of Indiana. Mr. Speaker, before ~he report is three days, and through the justice of peace of the' district, regarding the acts which said communication mentions, said report in original to be sent to him, read, I ask unanimous consent tha.t members of committees hanngre­ recommending the application of the two hundred and sixtieth article of the ports-- Code of Penal Procedure," and ''I am honored in communicating the same to Mr. BLAND. I call for the regular order. you for your information and in due reply to your note referred to." · . I have the honor to inclose the above to you for your information, and as re­ Mr. GLOYER. I rise to a parliamentary inquu:y. sultant on your communication of the 7th instant relating thereto. The SPEAKER. The gentleman will state it. Liberty and constitution. ~1r. GLOVER. The Honse did not hear the proposition of the Chihuahua, July 17, 1886. FELIX FRANCISCO MACEYRA. gentleman from Indiana [Mr. JOHNSTON]. . To the SECRETARY OF STATE AND OF THE The SPEAKER. Because the gentleman from Missouri [lli. BLAND] DEPARTMENT OF FOREIGN AFFAIRS, MEXICO. demanded the regular order several minutes ago and now repeats his demand, and there is nothing in order except to proceed under the rules [Inclosure 5 in No. 272.-Translation.] of the Honse-- Article 260, Oode of Pena~ Procedure. Mr. GLOVER. Did the gentleman from :Missouri-­ Every person detained or imprisoned for an offense whose punishment may The SPEAKER. The Clerk will read the report. not exceed five years' imprisonment can obtain his liberty under bail, with the Mr. HEPBURN. I rise to a. parliamentary inquiry. consent of the prosecuting attorney, provided, always, that he has a fixed and ) known domicile; that he possesses property, or exercises some profession, in­ The SPEAKER. The gentleman will state it. dustry, art, or trade, and that in the judgment of the court there is no fear that Mr. HEPBURN. I desire to ask if it is competent to demand that he will escape. the items of the report of the committee of conference shall be read in 1 TAXATION OF DISTILLED SPffiiTS. connection with the text of the original amendments, so that we can j The SPEAKER laid before the House a bill (H. R. 4833) relating to understand what changes have been made. the taxation of fractional parts of n. gallon of distilled spirits and Senate The SPEAKER. The rules of the Honse require the managers upon amendments thereto; which were referred to the Committee on Ways the part of the House to submit with their report a statement in writing, and Means. showing the effect of each amendment, and that statement must of . I BRIDGE ACROSS SAINT LOUIS RIVER. course be read; but it is not in order to demand the reading of the original amendments on the question of agreeing to the conference re­ The SPEAKER also laid before the House the bill (S. 2611) to au­ port. That could be done only by unanimous consent. The Clerk . thorize the construction of a bridge across the Saint Louis River at the will read the report. most accessible point between the States of Minnesota and Wisconsin. The Clerk proceeded to read the report. Mr. NELSOij'. Mr. Speaker, I ask unanimous consent--- Mr. DIBBLE (interrupting the reading). Mr. Speaker, as the state­ ATLANTIC AND PACIFIC SHIP RAILWAY COMPANY. ment accompanying this report contains probably all the information ' Mr. REAGAN. I ask the gentleman to yield to me while I offer a the Honse can derive from the reading of the bill as agreed to by the resolution to fix a day for the consideration of the bill to incorporate conferees, I ask unanimous con...~nt that the statement of the commit­ 1 tee be read, instead of read4Jg the whole bill. the Atlantic and Pacific Railw~y Ship Company, and for other purposes. ' Mr. NELSON. I yield to the gentleman. · Mr. HEPBURN. I object. Mr. DIBBLE. Then I ask unanimous consent that the statement be Mr. REAGAN. I ask consent to offer for present consideration the 1 resolution I send to the Clerk's desk. read first, reserving the right on the part of any member to call for the The Clerk read as follows: reading of the report afterward. ' Resolved, That Wednesday, the 8th day of December next, be setapartforthe Mr. BURNES. I rise to a parliamentary inquiry. I understand consideration of House bill 5&!5 to incorporate the Atlantic and Pacific Ship that if this report and bill be now read they may, unless by unanimous Railway Company, and for other purposes, and that its consideration be con­ consent, have to be read again after the question of consideration is de­ tinued from day to day until disposed of, not to interfere with revenue or ap­ I propriation bills. termined.· Therefore, for the purpose of saving time, I ask unanimous consent to te._qt at once the question of consideration between the two Mr. PAYSON. I object. measures, unless it be the fact that the reading of this report aml bill BRIDGE ACROSS SAINT LOUIS RIVER. will not be required a second time. I Mr. NELSON. I move that the Honse non-concur in the Senate bill The SPEAKER. The Chair thinks a second reading will not be re­ ' (S. 2611), and ask a committee of conference. quired; but the gentleman from Missouri [Mr. BURNES] asks unani­ The SPEAKER. This is an original Senate bill, and the gentle­ mous consent that the question of consideration be voted upon at once man's motion is not in order. The gentleman can ask unanimous con­ before the reading of the report. ' sent to put the bill upon its pa.ssage. _Mr. WILLIS. I object. l _ Mr. BLAND. I demand the regular order. Mr. DIBBLE. I believe there was no objection to my proposition. \ The SPEAKER. The gentleman from Missouri (1rfr. BLAND] de­ The SPEAKER. The gentleman from South Carolina [Mr. DIBBLE] mands the regular order. The Senate bill (S. 2611) will be referred to asks unanimous consent that the statement made by the managers on the Committee on Commerce. . · the part of the House be first read, the report to be read afterward if the reading be demanded by any member. Is there objection? LEAVE OF ABSENCE. Hr. SPRINGER. I object. By unanimous consent leave of absence was granted, as follows: rr:he SPEAKER. The Clerk will proceed with the reading of the To Mr. MoRRILL, for one week, an account of important business. report.

To Mr. HALE, indefinitely, on account of important business. The Clerk resumed n.nd concluded the reading of the report, which I To Mr. LoUTTIT, indefinitely, on account of illness. is ru; follows: To Mr. SAWYER, for the remainder of the session, on account of im­ portant business. The committee of conference on the disagreeing Yotes of the two Houses on the To Mr. WORTHINGTON, for the remainder of the session, on a.ccou.nt amendment of the Senate to the bill (H: R. 7480) "making appropriations for the construction, repair, and preservation of certain public works on rivera and har­ of important business. bors, and for other purposes" having met, aft.er full and free conference have . To Mr. Cox, for the remainder of the session. agreed to recommend and do recommend to their respective Houses as follows: . To Mr. HARRIS, for the remainder of the session, on account of im­ That the House recede from its disagreement to the amendment of the Sen at~ with an amendment as follows: Strike out all after the enacting clause and in- portant business. sert the following: . . To Mr. HoLMES, for the remainder of the session, on account of im­ Amendment numbered 1: That the House recede from its disagreement to portant business. the amendment of the Senate numbered I, and agree to the same with an amend­ ment as follows: Strike out all after the enacting clause and insert the follow- TARIFF-LEAVE TO PRINT. ~g: . That the following sums of money be, and arc hereby. appropriated, to be Mr. KELLEY, by unanimous consent, obtained leave to print in the paid out of any money in the Treasury not otherwise appropriated, and to be CONGRESSIONAL RECORD remarks on House bill7652. • expended under the direction of the Secretary of War, for the construction, completion, repair, and preo;ervation of the public works herein named: ORDER OF BUSINESS. Improving harbor at Rockland, Me.: Continuing improvement, $'.!2,500. Mr. WILLIS. I rise to make a privileged report, and send to the Improving breakwater u.t tho mouth of Sa.co River, Maine: Continuing im- Olerk's desk a report from a committee of conference. pr~~~%~~!~h!:~:!:"t8~~t~·d, Me.: Continuing improvement, S30,00J.

·-· · ~ 7926 CONGRESSIONAL RECORD-HOUSE. AUGUST 3,

Improving the channel in Book Cove, Portland, Me.: Continuing improve- ence to any place in 1·espect of which the title of the United States is in doubt, ment, 826,250. . , or in respect to which any claim adverse to the United States has been made. Improving harbor at York, 1t!e., $15,000. · Improving harbor at Norfolk, Va., and improving approach to Norfolk Harbor Improving harbor at Portsmon.th, N.H.: Continuing improve111ent, $15,000. and the United States navy-yard at Norfolk: Continuing improvement by Improving the harbor of refuge at Little Harbor, New Hampshire: Continn.- widening the channel of Elizabeth River to the port-warden's line on the eastern lng improvement, $10,000. side, between Lambert'sPointLight andFortNorfolk,$!87,500· ofwhicll$50,000 Improving the harbor at Burlington, Vt.: Continuing improvement, S1'8,'/o)(). shall be expended in improving the harbor, and $137,500 in widening the chan­ For a. breakwater at ·Gordon's Landing, on Lake Champlain,-to be built on nel of Elizabeth River to the porli-warden's line on the eastern side, between the 12-foot cn.rve mentioned in the papers accompanying the report of the Sec­ Lambert'S Point Light and Fort Norfolk, beginn.ing at Lambert's Point Light, retary of War to the Senate dated March 1,1886 (Executive Document No. 81, including the construction of the proposed dike. • Forty-ninth Congress, first session), 818,750. Improving harbor at Beaufort, N. C.: Continn.ing improvement, $15,000. Improving harbor at Boston 1\Iass.: Continuing improvement, $56,250; of . ImprovingharboxatEdentonBay, North Carolina: Continuing improvement, which $1.8,750 are to be expended at Fort Point Channel, on Part A, below Con­ S2,000. gress street bridge. Improving the inland wat~ way between New Beme and Beaufort, N. C., Improving harbor at Lynn, Mass.: Continuing improvement, $6,000. 10,000. Improving harbor at Nantucket, Mass.: Continuing improvement, ,.15,000. Improving harbor at Charleston, including Sn.llivan's Island, Sop.th Ca1·olin.a: Improving Hyannis Harbor, Massachusetts, 810,000. . Continuing improvement, $187,500. Improving harbor at Newburyport, Mass.:· Continn.i~g improvement., $37,500. Improving 'Vinyaw Bay, South Carolina: Continn.ing improvement, $18,750. Improving harbor at Wareham, Mass.: Continn.ing improvement, $15,000. Improving harbor at Georgetown, S. C.: Continuing improvement, $5,000. Improving harbo1· at Plymouth, Mass.: Continuing improvement, $6,000. Improving harbor at Brunswick, Ga.: Continuing improvement, $22,500. Improving harbor at Hingham, Mass.: Continuing improvement, $>,000. Improving Cn.mberland Sound, Georgia and Florid.'l>: Continuing improYe- Improving harbor at Provincetown, Mass.: Continuing improvement., $3 000. ment, $11.2,500. . · Improving harbor at Glouoester,Mass., 55,000; of which $2,000', or so mucn1 as Improving ho.rbor at Savan.nah, Ga.: Continuing improvement, Sl50,000 . . may be needed, for a. survey, and remainder on Babson's Ledge. Improving harbor at Apalachicola Bay, Flo1·ida: Continuing rmpYovement, For the na.tional harbor of refuge of the first class at Sandy Bay: Continuing $12,000; of which 52,000 may, in the discretion of the Secretary of War, be ex­ improvement, $100,000. · · pcudedat the Cara.bello or Crooked River. Improving harbor at Scitll.!l.te, Mass.: Continuing im~1·ovement, $10,000. For examination and survey of the entrance to harbor at Key West, F la., Improving harbor at Westport, Mass.: ·Continuing fmprovement,$1,000, for $2.500. sand-fence. . · Improying )larbor: at Pensacola, Flo..: Continuing improvement, $20,000. Improving harbor at Wood's Holl, Mass.: Continuing improvement, $14.,500. Improving harbor at Tampa Bay, Fla.: Continuing improvement, l/10,000. Improving harbor at , : Continuing improvement, Improving harbor at Cedar Keys, Fla., $7,000. ~.000; of which $8,000 shall be expended on the breakwater and $12,000 on the Improving ha.rbor at 1\Iobile, Ala.: Continuing improvement, $90,000. inner harbor. Improving harbor at Biloxi Bay, :r.1ississippi: Continuing improvement., $12,- Improving harbo1· at Newport, R.I.: Continuing imp1·ovement, $15,000. 500; which sn.m, together with the money on hand heretofo1·e appropriated for Improving harbor at Bridgeport, Conn.: Continuing improvement, $20,000. the roadstead, is hereby directed to be used in deopening the channel from Mis­ Improving harbor at Black Rock. Conn. : Continuing improvement, $5,000. sissippi Son.nd to the wharves at Biloxi. Imp1·oving breakwater at New Haven, Conn.: Continuing improvement, Improving AI-kansas Pass and Bay up to Rockport and Corpus Christi, Tex .: $75,000. Continuing improvement. $101.,2;)(). Impl'oving harbor at New Haven, Conn.: Continuing improvement, $20,000. Improving Brazos Santiago Harbor, Texas: Continn.ing i mproYemen.t, $37,- .Impl'oving harbor at New London, Conn. : Continuing improvement, 52,000. 500. Improving harbor at Norwalk, Conn.: Continuing improvement, $3,000. Improvement of entrance to Galveston Harbor, Texas: Continuing improve­ Improving harbor at Stonington, Corw. : Continuing improvement, $20,000. ment, $300,000. Improving harbor at Stamford, Conn.: Continuing improvement, $10,000. Impro,·ing Pass Cavallo, Texa : Continuing impi·o,·ement, $37,000. · Impr.oving harboT at Buff~tlo, N. Y. :Continn.ing improvement, and repairs on Improving Sabine Pass and ·Blue Buck Bar, 'l'exas: Continuing improve­ the outer breakwater, $112,500. · ment, $198,750. Improving Buttermilk Channel, N. Y.: Continuing improvement, $56,250. Improvingship-channelinGalvestonBay,Texas,fromMorgan'sCuttoBolivnr Improving breakwater at Rouse's Point, N.Y.: Continuing improvement, Channel: Continuing improvement,.for which purpose the balance now re­ ,.20,000. . . . . mainingoftbe money heretofore appropriated for this work is hereby directed to Improving harbor at Dunkirk, N.Y.: Continuing improvement, $20,000. be expended by the Secretary of War in the com pletiou of said channel, in ac­ Improving harbor at Canarsie Bay, N.Y.: Continuing improvement, SIO,OOO. .cordance with the plans heretofore adopted, and in ~arking out said channel Improving harbor at Chadotte, N.Y.: Continuing improvement and repairs, by piles ox stakes, so as to enable navigatm·s to fi..n.d the same without diffi.cnUy. e-26,250. . . . Improving harbor at Ashtabula, Ohio: Continuing improvement, $30,000. Improving harbor at Flushing Bay, New York: Continuing improvement, Improving harbor at mouth of Black River, Ohio: Continuing improvement, $10,000. . $10,000. - Improving channel at Oowanus Ba.y, New York: Continuing improvement, Improving harbor at Cleveland, Ohio, on the last plan projected, $93,750; of ~~ . . which $30,000are to be used in bn.ilding a parapet on the existing breakwater, Improving harbor at Great Sodus Bay, New York: Continuing imp.rovement, and the $100,000 now on hand to be available for work on the last plan. $16,875. . Improving harbor at Fairport, Ohio: Continuing improyement. $18,750. Improving harbor at Greenport, New York: Continuing improvement, Improving harbor at Huron, Ohio: Continuing impro~ement, 3,000. 85.000. Improving ice-harbor at the mouth of the l\luskingum. Riyer, Ohio: Contin- Improving harbor at Little Sodus Bay, New York: Continuing improvement, n.ing improvement, $37,500. $12,500. Improving harbor at Port Clinton. Ohio, by repairs of existing works, $2,000. Improving ha1·bor at Oak Orchard, N.Y.: Uon'tinuing imp1·ovement by re- l•'or the purpose of acquirin~ the title to tho land adjoining the inner end of pairs, $12,500. .. the west pier built by the Uruted States for the improvement of the harbor at Improving harbor at Olcott, N. Y.: Continuing improvement and repairs, Port Clinton, Ohio, the Sec1·etary of War shall negotiate with the owner or own­ $10,000. ers of the land for the purchase thereof at a reasonable price, to be approved by Improving harbor at 'Vilson, N.Y.~ Contlnuin~ improvement, $10,000. Congress; and if an agreement as to price can not be made with the owner, Improving harbor at Ogdensburg N.Y.: Contmuing improvement, SlO,OOO; then the value of the same shall be ascertained in the mode provided by the which, together with the amount on~nd, is to be used in rm:noving obstructions laws of Ohio for the condemnation of lands for public u es in that State. there­ from the mon.th of the Oswegatcllee and continuing the excavation at the lo.,rer sult of said proceedings of condelllllation, if taken, to be reported to tho next harboTUP stream . . Congress for its approval. . Improving harbor at Oswego, N.Y.: Continuing improvement, $71~250; of Improving harbor at Sandusky City, Ohio, by dredging the ehan.nel through which 856,200 to be used in repairs ami $15,000 in continuing work on tn.e har­ ·the oute1· bar and within the bay; and for this purpose the money appropriated bor. by act of ·July 5,1884, now on hand, is hereby made available, and the furLhe 1· Improving harbo1· at Rondout, N . Y.: Continuing improve1nent, $2,500. sum of $5,000 is hereby appro1>riated. . Improving harbor at Saugerties, ·N.Y. : . Continuing improvement, Sl5,000. Improving harbor at Toledo, Ohio: Continuing improvement of the l\Iau1nee Imp1·oving harbor at Sheepshead Bay, New York: . Continn.ing improvement, River by a straight channel along such line as may be approved by the Secretary $5,000. of War, $112,500; ·and the balance of the $'>-5,000 heretofore appropriated are Improving New York Harbor, New Yol'k : To secul'e n. SO-foot channel at mean hereby made available fur clearing the old channel. · low water at the Sandy Hook entrance of the ha.rbor, upon such plan as the Sec- Improving harbor at Vermillion, Ohio: Continuing improvement, $3,000. retary of War may approve,$750,000. . Improving harbor at Michigan City, Ind.: Continuing .improvement, Sl>G , ~O ; Improving channel between Staten Island. and the New Jensey shore, New of which sum $1,875 are to be used on the inner harbor. York and New Jersey.: Continuing improvement, $15,000. Improving harbor at Caln.met, Ill.: Continuing improvement, $10,000. Improving hn.rbor at Raritan Bay, New Jersey: Continuing improvement, · Improving harbor at Chicago, ill.: Continuing improvement, $75,000. Improving harbor at Waukegan, Ill.: Continuing improvement, S20,000. ~~~;oving haTbor at Plattsburg, N.Y.: Continuing improvement, $5,000. Improving harbor at Charlevoix and entrance to Pine Lake, fichigan: Con- For a more thorough and definite survey and examination of the harbor at tinuing improvement, $10,000. . Atlantic City, N. J., with a view to making a harbor of refuge at that point, Improving harbor at Cheboygan, 1\lich.: Continuing improvement,$15,000. $5,000; said examination and survey to be made by a board consisting of three Improving harbor at Frankfort, Mich., by extension of piers and repairs: Con­ United States engineers. . tinuing improv.ament, $7,000. Improving harbor at Erie, P&.: Continn.ing improvement, and also for the im­ Improving ba.Ybor at "Grand Haven,11Iieh.: Continuing impro>ement, $30,000. pl·ovement of said harbor as rec01nmended by the Chief of Engineers Jan'uary Jmp.rovingharborofrefugeatGrandMaria ,_]ficl.l.: Continuin .gimpro~ement, 13,1885,$37,500: Provided, That the Secretary of War be, and he is hereby, au­ $26,250. thorized and directed to receive and accept for the United -states, from the Improving h~rboT at Ludington, Mich.: Continnin~ improvement, $56,250. marine hospital of Erie, Pa., the title to the peninsula of Presque Isle, at Erie Improving harbor at Manistee, 1\licb.: Continn.ing tmprovement-,$10,000. . Pa., as tendered by the said marine hospital, agreeably to the provisions of an Improving harbor at .1\Ia.rquette.l\fich.: Continuing improvement, $10,000. act of the Legislature of the State of.Pennsylvania. approved May 11,1871: And Improving harbor at Monroe, l\lich.: By repairs, $2,000. pl'ovided further, That ~500 of said sum shall not be expended until the afore­ Improving harbor at Mus kegon, 1\Iich.: Continuing improveinent, 512,500. said title shall be accepted by the Sec.retn.ry of War. Jmproving harbor at Ontonagon, Mich.: Continuing improvement, $13,000. Improvingice·h:ubo1· at 1\Iarcus Hook, Pennsylvania: Continuing improve­ Improving bm·bor at Pentwater, Mich.: Continuing improvement, $10,000. ment, $15,000. Improving harbor at Portage Lake, Mich.: Cont.inuingimprovement,$15,000. 'l'he Secretary of War is authorized to cede to the city of Chest.er, Pa.., tihe upper Improving and repairing harbor of refuge at Sand Beach,.l\lich.: Continn.ing and lower piers located in said city and extending into the Delaware River, a.nd improvement, $;5,000; of which not exceeding $15,000 nre to be used in repairs. formerly used as·nn ice-harbor. 1mproving harbor at Saint Jo eph. 1\:lich.: Contino in~ improYement, 10,000. Imp1·oving Delaware breakwater, Delaware: Continuing- improvement·, $56,- lmpmvingharbor at Saugatuck, Mich.: To complete improvement, ,000. 250. Improving llarbor at ~·outh llo.ven, M ich.: Continuing improvement.,$5,000. ~mproving ice-harbor at New Castle, Del.: Continuing improvement,·$5,000. Improving h arbor at White River,.l\ficb.: Continuing improvement, $10,000. Improving harbor at Wilmington, Del.: Continn.ing improvement., $18,750. 1 mproving .harbor at Black Lakc.l\lich.: Continuing improvement, $5,000. Improving harbor at Baltimore, Md.: Continuing .improvement, 6150,000. 1m proving harbor at Ahnapee, 'Vis.: Continuing improvem.ent, 15,000; but Jmp.rovingharbo.ratEretonBo.y,Ma.ryJancL: Continuingimp.rove=ent,$6,500. no part of said sum is to be expended unt-il the wharfage over the Goyernment For continuing the imp.rovem.enJ; of the 'Potomac Rive!" in the vicinity of piers at that port shall be made free. · Washington, with r~!e:rence to the improvement of navigation, tho establish­ Improving harbor at Green Bay, '\'is.: Continuing impro'l"ement, 87,000. ment of harbor-lines., and the raising of the flats, nnder the direction of the Sec­ Improving harbor at KP.nosha, 'Vis.: Continuing improvement, ~,000. retary of War and in accordance w ith existing plans, $375,000: P.NY!Jided, That Improving harbor at Kewaunee, 'Vis.: Continuing improvement,$10,000. no part of the sum hereby appropriated shall be exDended upon or with refer- Improving h a rbor &tManitowoc, Wis. : Contiluling improvement, $15,000. ------

·1B86. CONGRESSIONAL REOORD-HOUSE. 7927

Improving harbor at Menomonee, Wis.: Continuingimprovemenb, $3,000. Improving Schuylkill River, Pennsyh·auia: Continuing improvement 18,- Improving harbor of refuge at Milwaukee, Wis.: Continuing improvement 750. on bay and harbor, $60,000. . Improving Delaware River, Pennsylvania and New Jersey: Continuing im­ Improving harbor at Oconto, Wis.: Continuing improvement, $8,000. provement from Trenton to its mouth, $21.0,000; of which 830,000 shall be applied Improving harbor at Port Washington, 'Vis.: Continuing improvement, $3,000. to improving the channel between Camden, N.J., and Philadelphia, Pa., and Improving harbor at Racine, Wis.: Continuing improvement, $10,000. " $7,500, or so roue~ thereof as may be needed, shall be expended on said ri ; e r and Improving harbor at Superior Bay and Saint Louis Bay, Wisconsin: Continu- its tidal tributaries above Bridesburg. ing improvement., $22,500; and the engineer,in charge, in his next annual report, Improving Choptank River, Maryland: Continuing impro>em"Cnt, 10,000. shall submit a-n estimate of the cost of a dredge-bo&t or other facilities that may Improving Corsica. Creek,l\Iaryland: Continuing improvement, $10,000. be needed for dredging the harbors of Duluth and Superior. Thirteen thou­ For rebuilding piers at Battery Island, head of the Chesapeake Bay, which sand five hundred dollars ofthemoneyherebyappropriat~dareto be expended were carried away by ice, strengthening and protecting the works at that point in dredgi-ng in said Superior Bay and Harbor, and in repairing piers at natural from future destruction, 517,275. entry, and ,.9,000 in dredging Saint Louis Bay, along the dock-line on the 'Vis­ Improving Susquehanna River , l\Iaryland and Pennsylvania: Continuing cousin shore, from deep water at Conn01·'s Point toward deep water at Grassy improvement, $3,000; to be expended above the Philadelphia, Wilmington and Point. Baltimore Railroad bridge. Improving harbor at Sheboygan, W'is.: Continuing improvement, $15,000. . Improving Pocomoke Ri;er , :'..illr y ln.nd: Continuing and completing improve­ Improvi ng harbor at Sturgeon Bay, Wisconsin: Continuing improvement, ment, ~.ooo. &;,000. Improving, by dredging and otherwise, th e inland w a ter way from Chinco­ Improving h arbor a t .Ashland, Wis. : Continuing improvement. $22,500. teague Bay, Virginia, to Delaware Bay at or near Lewes, Del., to be used from The Secretary of War is authorized and direct~d to appoint a. board of three Chincoteague Bay to Indian River Bay, $18,750. engineers from the Unit.ed States Army whose duty it shall be to examine, in Improving .Appomattox River, Virginia : Continningimprovemen t, $18,~.~50 . all their relations to commerce the Sturgeon Bay and Lake l'lfichigan Ship-canal, Improving Chickahominy River, Virginia: Continuing improvement, ;:)*,000. connecting the waters of Green Bay with Lake Michigan, in the State of Wis­ ImprovingJames River,Virginia.: _Continuing improvement below Richmond, consin, wi th a view to making the sameafreepassagewayand harbor of refuge, $112,000. . to consider their value, and all other matt.ers connected with their usefulness to Improving Mattaponi River, Virginia: Continuing improvement,$3,000. navigation, and which shall give information as to the expediency of the work Improving New River, Virginia.: Continuing improvement between the lead­ and the desirability of their acquisition and improvement. The said board shall mines, in Wythe County, and. the mouth of Wilson'sCreek, in Grayson County, report to the Secretary of War, who shall lay its report before Congress at its $..0,000, together with the $3,000 uow on hand. next session, together with the views of himself and the Chief of Engineers of Improving Pamunk:y River Virginia: Continuing improvement, $5,000. the United States Army thereon ; and $5,000, or so much thereof as may be neces­ Improving Rappahannock River, Virginia: Continuing improvement, S20,- sary, is hereby appropriated for this purpose. 000. Improving harbor at Duluth,l\Iinn.: Continuing improvement, and enlarging Improving Staunton River, Virginia: Continuing improvement, $10,000; one­ basin between 1\linnesota.and Rice's Points, $56,250; of which a. sum not exceed­ half of which is to be expended between the mounth of Pig River and the 1\Ikl­ ing $500 may "be used in placing buoys in the channels and elsewhere where land Railroad Crossing. needed in the harbor; and the consent of the United States is hereby given to Improving York River Virginia: Continuing improvement, 18,750. a cliange of existing dock-line on the east side of Rice's Point by the municipal Improving Dan River, Virginia: Continuing improvement, $10,000. authorities of Duluth: Pro1:ided, That such change meets the approval of the Improving Big Sandy River, West Virginia and Kentucky: Continuing im- Secretary of War. · provement, $30,000; of which sum $3,750 are to be expended on Tug Fork, iu Improving harbor at Grand Marais, 1\Iinn.: Continuing improvement, ~0,000. West Virginia, and $3,750 on Lavisa Fork, in Kentucky. _ Improving harbor at .Agate Bay, Minn., $22,500. Improving Buckhannon River, 'Vest Virginia: Continuing improvement, 1,- Improving harbor at Lake City, 1\finn.: Continuing improvement, $10,000. 500. Improving harbor and bay at Humboldt, Cal.: Contmuing improvement, Improving Great Kanawha River, West Virgiuia : Continuing improveme nt, $75,000: PrO'IJided, That no part of said. sum shall be expended untii the 12 acres $187 500. . of land necessary to said improvement shall have been conveyed to tbe United ~proving Elk River, West Virginia·: Continuing improvement, $1,500. States free of expense, and such conveyance has been approved by the Secretai:y Improving Guya.ndotte P..iver, 'Vest Vrrginia: Continuing improvem ~n t , the of War, after the .Attorney-General of the United States shall have certified to amount heretofore appropriated is made available for this purpose. the Secretary of 'Var that the title is perfect. Improving Little Kanawha River, West Virginia: Continuing improvement-, Improving harbor at Oakland, Cal.: Continuing improvement, $60,000. $16,875; ofwbich $1,875 iiba.ll be used in continuing the improvement of n a viga­ The sum of 811,000, or so much thereof as may be necessary, is hereby appro­ tion above the west fork. But no toll shall be collected by any person or cot·­ priated for a. survey of San Francisco Harbor, San Pablo Bay, Suisun Bay, Strait pomtion for this improved navigation; and such right, if any existl shall be of Carquinez, mouth of San Joaquin River, and mouth of Sacramento River, relinquished, in a manner satisfactory to the Secretary of War, before tue expen­ California.. diture of any of the money herein appropriated for this work. Improving harbor at RedWood, Ca1. : Con tinning improvement, $5,000. Improving Cape Fear River, North Carolina: Continuing improvement, $168,- The SUID of $5,000, or so much thereof as may be necessary, is hereby appro­ 750; of which sum $11,250 are to be expended above Wilmington, the remainder priated for examination, survey, and estimated cost of obtaining a channel250 below and opposite the city of Wilmingt{)n, including as much of its northeast feet wide and 24 feet deep at mean low water across the out.er bar, and from branch as lies in front of Wih.nington, within the city limits. thence to a point abreast of beacon No. 2, in San Diego Harbor, CaliforQia; also, Improving Contentnia Ct·eek, North Carolina: Continuin"' impement, ...,10,000. Improving Dan River, North Carolina: Continuing improvement between Improving Ipswich River, Massachusetts, $2,500. Madison, N, C., and Danville, Va., Sl.O,OOO. Improving 'Varren Rivt-r, Rhode Island, $5,000. Improving Yadkin River, North Carolina.: Con tinning improvement~ $10,000, Improving Pawtucket River, Rhode Island: Continuing improvement, $30,000. Improving the inland water way between Beaufort Harbor and New River, Improving and , Rhode Island: Continu- · North Carolina, through Bogue Sound, $10,000. ing improvement, $30,000. Improving .Ashley River, South Carolina: Continuing improvement, 1,000. For removing Green .Jaqket Shoal, Providence River, Rhode Island, $26,230. Improvi.Dg Edisto River, South Carolina: Continuing improvement, $3,000. Improving Pawcatuck River, Rhode Island, $12,000. Impro>ing Great Pee Dee River, South Carolina: Continuing improvcll'lent, Improving Connecticut River below Hartford, Conn.: Continuing improve- $20,000. ment, $26,250. Improving Salkehatchie River, South Carolina: Continuing improvement, Improving Housatonic River, Connecticut, $5,000. 32,000. Improving Thames River, Connecticut: Continuing improvement, $22,500. Improvi:ng Santee River, South Carolina: Continuing improvement, $18,750; Improving East Chest.er Creek, New York: Continuingimprovement,$10,000. no part of which sum to be nsed for the consquction of any road-bridge across Improving Hudson River, New York: Continuing improvement, $26,250; of the Mosquito Creek Canal : Provided, That if salt water be found flowing into which Sl5,000 may be used for the removal of the rock in channel at VanWie's said Mosquito Creek, 35,000 of said sum, or so much thereof as may be necessary, • Point. shall be used for the construction of a flood-gate at upper end of the canal, to Improving Newtown Creek and .Bay, New York: Continuing improvement, prevent the same. $37,500; of which $9,875 to be expend.ed on west branch between Maspeth a \·e- ImprovingWacca.maw River, South Carolina: Continuin~ improvement $15,- . nue and Dual Bridge, at Grand street and Metropolitan avenue; $9,375 to be 000. expended on main brJlnch between EasterlyGrandstreet bridge to Metropolitan Improving Wappoo Cut, South Carolina: Continuing improvement, $5,000. avenue; and balance on lower end, from Maspeth avenue to the mouth of the Improving Wateree River, South Carolina: Continuing improvement, $7,500. creek. Improving Congaree River, South Carolina, $7,500. Improving Hell Gate, New York: f'-ontinuing improvement, $112,500. Improving Altahama. River, Georgia: Continuing improvement, $..<>1),000; of Improving Narrows at Lake Champlain, New York, from Bepson, Vt., to which $10,000 are t{) be used on Doboy Bar, or so much thereof as may be nec­ canal locks at Whitehall, N.Y., $30,000 . • essary. Improving Ticonderoga River, New York: Continuing improvement, $2,000. Imrroving Chattahoochee ru,·er, Georgia. and .Alabama: Continuing improve- Impro'\o-ing Maurice River, New Jersey: Continuing improvement, S5,000. ment, $20,000. . Improving Passaic River, New Jersey: Continuing improvement, $26,250; of Improving Coosa River, Georgia and .Alabama: Continuing improvement, ·which 32,250 are to be used above Newark. $45,000. . Impro,-ing Raritan River, New .Jersey: Continuing improvement, $26,250. Improving Flint River, Georgia: Continuing improvement, $20,000; of which ImprovingShrewsburyRive1·, New Jersey: Continuing improvement, $10,000. sum $5,000 are to be expended between .Albany and Montezuma, and $15,000 Improving South River, New Jersey: Continuing improvement, 5.5,000. below .Albany. Improving Saint Jones River, Delaware: Continuing improvement, $10,000. Improving Ocmulgee River, Georgia: Continuing improvement, $7,500. Improving Nanticoke River.Delaware: Continuing improvement up to and Improving Oconee River, Georgia: Continuing improvement, $9,000; 1,500 near the town of Laurel, Del., 10,000. of said sull'l to be expended between Skull Shoals nnd the railroad bridge. Improving Monongahela River, Pennsylvania and West Virginia~ Continu­ Improving Romely Marsh, Georgia: To complete improvement, $17,475; and ing improvement, $90,900; but no charges or tolls shall be collectoo on any other so much of said sum as may be necessary may be applied by the engineer in part of the river on any commerce on said river which originates above the charge, with the approval of the Secretary of War, to payforwork done on said works herein appropriated for. improvement, under the direction of the War Department, since the last appro­ For beginning the construction of a dam at Herr's Island, in the .Allegheny priation was exhausted. River, near Pittsburgh, Pa., $37,500. Improving Savannah River below Augusta, Ga.: Continuing improvement, Improving .Allegheny River, Pennsylvania: Continuing imprO\·ement, $30,000. $15,000. 7928 CONGRESSIONAL RECORD-HOUSE. AUGUST 3,

Improving Apalachicola River, Florida: Continuing improvement, Sl,OOO. Improving FI:euch Broad River, Tennessee: Continuing improvement, 86,- Improving Ca.loosahatchee River, Florida: Continuing improvement, $4,000. 000. - Improving Chocta.whaoohee River, Florida and Alabama: Continuing im- Improving Hiawasse River, Tennessee: Continuing improvament1 $2,500. provement, Sl5,000; of which sum $5,000 to be expended below Geneva, and Improving South Fork of Forked Deer River, Tennessee: Continuing im­ 110,000 to be expended between Geneva and Newton, Ala. provement, $5,000. Improving Conecuh-Escambia River, Florida and Alabama:. Continuing im- Improving'£ennessee River above Chattanooga, Tenn.: Continuing improve­ provement, Sl2,000. . ment, $7,500. Improving La Grange Bayou, Florida: Continuing improvement, $2,000. Improving Tennessee River at Big Muscle Shoals, Little Muscle Shoals, a.nll Improving Manatee and Pease Rivers, Florida.: Continuing improvement, Elk Ri>er Shoals, Alabama: To complete improvements at these localities, $13,000; of which ~.000 maybe expended on Pease River. ~...62,000 Improving channel over the bar at the mouth of Saint John's River, Floriqa: Improving South Fork of Cumberland lliver, Kentucky: Continuing im- Continuing improvement, $100.000. provement, $5,000. Improving Suwanee River, Florida : Continuing improvement, $5,000. Improving Kentucky River, Kentucky: Continuing improvement, $187,500. Improving Volusia Bar, Florida: To complete improvement, S7,000. Improving Trade water River. Kentucky: Continuing improvement, $2,000. Improving Wiihlacoochee River, Florida: Continuing improvement, $3,000. Improving the Falls of the Ohio River at Louisville, Ky.: Continuing im- Improving Alabama River, Alabama: Continuing improvement, Sl5,000. provement, according to the last plan of the engineer in charge, and to be first Improving Black Warrior River from Tuscaloosa. to Daniels Creek, Alabama, applied to the completion of the work now in progress, $150,000: Pro ~Jide cl, That ~56,250, together with the $47,000 on land; to be expended in accordance with of that sum $50.000 shall be ex pended in enlarging the can I-basin, as recom­ the plan adopted by the board of engineers. mended in t,he last report of the engineer in charge. Inproving Cahawba River, Alabama: Continuing improvement, $7,500: Pro­ 'I h e Secretary of War is hereby a-uthorized and directed to ascertain U.1 e value vided, That no part of said sum shall be expended until the officer in charge and commercial importance of tile works and property of the Green a nd B a rren shall have reported that the railroad and other bridges across said river have Rive1· Navigation Company, situated on the Green and Barren Rivers, in the been provided 'vith good and sufficient draw-openings. State of Kentucky, and of the Monongahela Navigat.ion Company, situated on Improving Tallapoosa River, Alabama: Continuing improvement, $7,500. the Monongahela ~iver, in the State of Pennsylvania; and in order to acquire · Impro,·ing \Varrior River, Alabama: Continuing improvement, $18,750; to be such information the Secretary of War shall appoint a board of th1·ee competent expended below Tuscaloosa. . engineers from the Engineer Corps of the United States Army, which board ImprovingTombigbee J;tiver, Alabama ann Mississippi: Continuing improve­ shall in each case report to the Secretary of War, who shall report thereon to ment, $18,750; to be expended below Vienna, &1,250; and between Vienna. and Congress at its next succeeding session; and the cost of such examination shall Fulton,$7,500. . be paid out of the sum appropriated by this act for surveys : Provided, 'l'hat Improving Big Sunflower River, Mississippi: Continuing improvement, $5,000; nothing herein shall be construed as committing Congress to the purchase of of which $2,000 to be expended between \Voodburn and Lehrton. the said works. Improv.ing Noxubee River, Mississippi: Continuing improvement, $7,000. Improvement of the :Muskingum River, Ohio. between Zanesville 11.11<1 the Improving Pascagoula River, Mississippi: Continuing imp1·ovemcnt, includ­ mouth of the river, and for operating the same,~20,000. And the United States ing bar a.t the mouth, and from there to the mills at Moss Point, $20,000; and the hereby acet>pts from the State of Ohio the said Mlli!kingmn River improvement, balance of the moneynowon hand heretofore approRriatedforimprovingHorn and all the locks, dams, and their appm·tenances, and the canals belonging to Island Pass is to be applied to the same purpose. . said improvement, and all thefntnchises and property of every kind, and rights Improving Pearl River, Mississippi: Continuing improvement, $1'7,625; of in said river, and its improve ment-s, now owned, held, and e njoyed by the State which $2,250 are to be expended between Edinburg and Carthage, 12,250 between of Ohio, including all water leases aud rights to u e water under and by virtue Cartbnge and Jackson, and the remainder below Jackson, including bar at the of any lease of water now running and in force between the State of Ohio and mouth of East Pearl River. all persons using said water, hereby intending to- transfer to the U nited tates Improving Steele's Bayou, Mississippi, including Washington B:1you: Con- sucb rights in said leases and contracts as are now owned, h el,000: ceded by the act of the General .Assembly aforesaid, and all personal property Prot"il.led, That no part of this appropriation shall be used until the Stn.te of Mis­ belonging to the improvement aforesaid, and used in its care and improvement·, sissippi shall have first caused the bridges over said stream south of the Vicks­ and any_balance of money appropriated by said State for the improvement ot burg and Meridian Railroad to be so constructed as not to obstruct the navigation said river, and which is not exl?ended on the 15th day of July, 1886. of sn.id stream. Improving Clinton River, M1chigan: Continuing improvement, SG 000. Improving Amite River,•Lquisiana: Continuing improvement, $2 000. Improving Detroit River, ~Iicbigan: Continuing improve ment, S;:r.,iOO. Improving BceufRiver, Louisiana: Continuing improvement, and for closing Improving Saint Cleir Ship-canal, Michigan : Continuing imp1·ovem e u t, · OuUet No.1, $5,000. $18,750. Improving Bayou Bartholomew, Louisiana and Arkansas: Continuing im- Im;Jroving Saint Mary's River, Michigan: Continuing improvem e nt by a provement, 15,000. · new lock and approaches, $250,000. · Jmpr'wing Bayou Courtableau, Louisiana: Continuing improvement, $5,000. Improving Hay L!.!.ke Channel,l\Iichigan: Continuing improvement• .., l50,000. Improving Bayou D'Arbonne, Louisiana: Conti01uing impmvement, 82,000. Improving Sa.ginaw River, Michigan: Uoutinning improve ment, $33,750; of Improving Bayou Terrebonne, Louisiana: Continuing improvement, $10,000. which $1.6,875 are to be used above lla)r City, and $.'5,000 in improving the w est Improving Cypress Bayou and the lakes between Jefferson, Tex., and Shreve- channel along West Bay City. port, La., Texas and Louisiana: To complete improvement, 818,000. The Secretary of War is authorized and directed to appoint a board of three Improving Tensas River and Bayou Macon, L11uisiana: Continuing improve- engineers from the United States Army, whosedutyit shn.ll be to exa m in e in all ment, $!,000. . their relations to commerce the two improved water ways known as the Portage Improving Red River, Louisiana and Arkansas: Continuing improvement LakeandRiverlmprovementCompanyCa.nalandtbeL-.lkeSuperiorShip-ca.nal, from Fulton, Ark., to the Atchafalaya River, Louisiana, including completing Railway, and Iron Company Canaf, being the improved harbors of refuge and the work at Alexandria, $75,000; of which sum $25.000, or so much thereof as the water communication across Keweenaw Point, from Keweenaw Bay to may be necessary, shall be used m making a thorough survey of the river from L a ke Superior, by way of Port-age River and lake, in the State of Michigan, Fulton, Ark., to the Atcha.falaya. River, and in completing the survey of Bayou with a view to making the same a free passage way and harbors of refuge, to Pierre, Louisiana. . consider theil· value and all other matters connected with their usefulness to Improving Tchefuncte River and Bogue Falin., Louisiana: Continuing im­ navigation, and which shall give information as to the expediency of the work provement, $2,000; to be expended in the improvement of Bogue Falia up to and the desirability of their acquisition and improvement. The said board Covington. shall report to the Secretary of Wa.r1 who ball lay its re port before Congress at Improving Tickfaw River, Louisiana: Continuing improvement, $2,000; to be its next session, together with the v1ews of bimseli and the Chief of E11gineers expended on its navigable tributaries. of the United States Army thereon; and $10,000, or so much thereof as may be Improving Ouachita River, Louisiana and Arkansas, andBlaekRiver, Louisi­ necessary, is hereby appropriated for this purpose. ana: Continuing improvement, $17,500; of which $7,500, or so much thereof as Improving Chippewa River, Wisconsin: Continuin_g improvement from the mi\y be necessary, for repairing snag-boat Wagner. Dalles Dam to its mouth, 318,750. Improving Ca.lca.sieu River and Pass, Louisiana: Continuing improvement to Improving Fox River. Wisconsin: Continuing improvement be1ow Montello, secure a navigable channelS feet deep over the bars affecting the entrance to on the approved plan, $'36,250. A.nd the Secretary of War is hereby directed to said river and pass, and for tlrls purpose the money on Jiand heretofore appro­ hM·e the examination and survE•Y of the Wisconsin River from Portage to the priated for improvement of Calcasieu River is t{) be used. mouth, now being made by a board of engineers, completed as soon as pract.i­ Improving mouth of Brazos River, Texas: Continuing improvement, $18,700. ca.ble, and a report thereof made on or before the meeting of the next s e~ ion of Improving-Buffalo Bayou, Tens: Continuing improvement, $18,7li0. Congress. And the sum of $6,000 of the above appropriation, or so much thereof Improving Saint Francis River, Arkansas and 1\fi.ssouri, to the town of Saint as may be necessary, may be expended at or near Portage City to prevent the Francis: Continuing improvement, $8,000. overflow of the Wisconsin River into the Upper Fox· River, so as to prevent in­ Improving Arkansas River, Arkansas: Continuing improvement, $75,000, ao­ jury to the Government works on Fox Riveri and this expenditure m a y be made cording to the plan and recommendations in Appendix V 18, Executive Docu­ separately, or, if deemed more economical oy the Secretary of War, in .adding ment 1, Forty-ninth Congress; of which there are to be expended $8,000 at Pine to any protecting works which mRy be made by the State of Wisconsin. Bluff, $13,000 at Fort Smith, and $10,000 at Dardanelles, or so much thereof under ImprovingSaintCroixRiver, Wisconsin and Minnesota: Continuing improve- . those sums, respecth•ely, as may be necessary at those points. ment, $7,000. For the removal of snags, wrecks, and other obstructions in the Arkansas ImprovingWabashRiver,Indianaand Tilinois: Continuingwork on lock and River, $19,875; of which sum $1,125, or so much thereof as may be necessary, dams at Grand Rapids, and on the river from Grand Rapids to its mouth, ttoo,- shall be used to complete the survey of the Arkansas River between Little Rock, 000, and $!>,000 to be expended on the river at Grayville. Ark., and Wichita, Kans. Improving White River, Indiana: Continuing improvement belowllazelton, Improving Red River, Arkansas, above Fulton,Ark., $7,000. ~ ~~ . . Improving Little Red River, Arkansas, $3,000. Improving Calumet River, Illinois: Continuing improvement., $30,000; of Improving Black River, Arkansas and Missouri,$5,000. which $11.230 are to be used between the For~ and one·hnlf m\le east of Ham­ Improving Petit Jean River, Arkansas, $3,500. mond, Ind., $5,625 of which are to be used in dredg ing the river between the Improving White River, Arkansas: Continuing improvement, $18,000; $18,000 Forks and the State line of Illinois and Indiana, and $3,625 on the river at Ham­ of which, or so much thereof as may be necessary, to complete the survey of said mond Ind : Provided, howeter, That no part of said sum, nor any sum heretofot·e river; the remainder for general improvement. appropriated, except the said $11,250 for the rh·er above the Forks, shall be ex­ For removing t,be rock shoals in Fourche River, Arkansas, situate 4 milruo pended until the entirerightof way, as set forth in Senate Executive D ocument south of Perryville, inPerry County, Arkansas, according to the plans of-the en· No. 9, second session Forty-seventh Congress; shall have been conve yed to the a:ineers for creating a 50-foot channel, $>,000. United States free of expense. and the United States shall be fuJlr released from Improving Big Hatchee River, Tennessee: Continuing improvement. S3,000. all liability for damages to adjacent property-owners, to the satiSfaction of the· Improving Caney Fork River, Tennessee: Continuing improvement, 53,000. Secretary of War; and if any of the owners of real estate required to be taken ImprovingC linch Rh·er, Tennessee: Continuing improvement,$5,000. or that is damaged for the purpose of straightening or widening that portion of Improving Cumberland River, Tennessee and Kentucky: Continuing im- the Calumet River for which tbe appropriation herein is now made, can not be provement above Nashville, wilh a view to secure in the channel a depth of 4 induced to convey to the United States such real estate so required, and release feet, commencing with the lock at or near the lower island at Nashville, S75,000. their claim for damages caused by said improvement. or should the owner or Improving Cumber!and River below Nashville, Tenn.: Continuing improve­ owners be inca.pable of conveying and releasing, or should his or her name o1· ment, 12,500. residence be unknown, or he or she be a non-resident of the State of Illinois, it -" · ~ - - - " -- . - - - 1 -

1886. CONGRESSIONAL RECORD-HOUSE. _ 7929 shall then be the duty of the United States attorney for the northern district of Adams; but if not so used the sum shall remain as a part of said appropriation, illinois to immediately file a petition in any court having jurisdiction thereof, and be used for the purposes first in this paragraph specified. in the manner and. as authorized by the laws of the State of Illinois in such cases, Improving l'vlississippi River at Des Moines Rapids Canal, under the modified for t_he purpose of ascertaining the just compensation t-o be paid to the respect­ project, $26,250; of which sum $15,000 are to be used for pier construction, in ex­ ive owners of the land taken or damaged: Provided, however, That the other tending the outer wall of canal to the pivot-pier of the bridge. owners of property and parties interested in said improvement shall first exe­ For dry-dock at Des Moines Rapids, $48,750. cute a. bond to the United States, to be approved by the Secretary of War, for the Improving ice-harbor n.t Dubuque,Iowa,the unexpended balance, or so much payment of the costs of such proceedings, and to pay any judgment that may thereof a.s shall be necessary, shall be applied to pavin~ instead of riprapping be rendered therein; and on failure to do so the proceedings shall be dismissed said ice-harbor. Improving IllinoisRiver, IJlinois: Continuing improvement, $112,500; of which Improving Mississippi River from Des Moines Rapids to t-he mouth of the Illi­ sum $(750 may be expended in dredging the river in front of Peoria. nois River, including the river at Quincy Bay and the removal of the bars at The".Secretary of War is authorized and directed to appoint a board of three the mouth of \Vhipple Creek and Hamburg Bay, including also the strengthen­ engineers from the United States Army, whose duty it shall be to examine in ing of Sny Island Levee where it crosses Snicarte Slough and other sloughs: Con· all their relations to commerce the Illinois and Michigan Canal and the pro­ tinuing the improvement, Sl50,000. . - posed Hennepin Canal, to consider their valne and all other matters connected Improving 1\lississippi River from the mouth of the Illinois River to the with their usefulness to navigation, and !!hall report upon the acquisition and month of/the Ohio River, including the completion of the work at Alton, and, improvement of the Illinois and Michigan Canal an,d the construction of the IIen­ at the discretion of the Secretary of War, the protection of the Illinois shore op­ nepin Canal. The said board shall report to the Secretary of War, who shall lay posite the mouth of the Mi!!SOuri River: Continuing improvement, $315,000; of ita report before Congress at its next session, together with the views of himself which $37,500, or so much thereof as may be necessary, to be expended in ex­ and the Chief of Engineers of the United States Army thet·eon; and $15,000, or tending the work for the protection of the eastwat·dly bank of the Mississippi 1!10 much thereof as may be necessary, is hereby appropriated for this purpose: Rh·er at Cairo, and the preYention of its wash or erosion, commencing nt the Provided, That nothing in this paragraph shall be construed as committing the southerly end of the present Government revetment work and continuing down Government to the said improvement.. stream, and $22,500 for continuing improvement at Cape Girardeau, Mo., and Improving Gasconde River, Missouri: Continuing improyement, $7,500. Montona Point, Illinois: Protrided, That the Secretary of War, in his discretion, Improving Osage River, Missouri: Continuing improvement by snagging and may use not to exceed $75,000 of said sum of $3i5,000 to correct the current of removing obstructions, $10,000. the river and improve the channel at Saint Louis. ' · · Improving Red River of the North, Minnesota.: Continuing improvement Improving ~iississippi River from head of the passes to the mouth of the Ohio from Breckenridge to the northern boundary-line of the United States, includ­ River: Continuing improvement, S2,000,000; which sul!l. shall be expended ing dredging, removal of snags and bowlders, and construction of wing-dams, under the direction of the Secreta-ry of War, in accordance with the plans, spec• &c., and the money heretofore appropriated for locks and dams is hereby made ifications, and recommendations of the Mississippi River Commission: P,·ovided, available for this purpose. That no portion of this appropriation shall be expended to repair or build Improving Yellowstone River between Glendive and the mouth, Montana: levees for the purpose of reclaiming lands or preventing injury to lands or pri­ Contmuing improvement, $18,750. vate property by overflows: Provided, however, That the commission is author­ Improving Mokelumne River, California., by removing obstn1ctions, $2,500. ized to repair and build levees if, in their judgment, it should be done as part of Improving Sacramento and Feather Rivers, California, $4.0,000 of the money their plan to afford ease and safety to the navigation and commerce of the river heretofore appropriated for improvingsaidriversthat may remain unexpended and to deepen the channel. · at the end of the present fiscal year, for snagging and dredging operations and And pro-videdfttrther, That no works of bank protection or revetment shall be the cost of the proceedings hereinafter authorized; also 10,000 to complete executed in said reaches or elsewhere until after it shall be found that th.e com­ aredges l\Uthorized by net of July 5,1884; the balance of said unexpended money pletion of the permeable contracting works and uniform width of the high­ not to be used until the Secretary of War be satisfied that hydraulic mining water channel will not secure the desired stability of the river banks : Provided, hurtful to navigation has ceased on said rivers and their tributaries. If be be however, 'That nothing herein contained shall prevent the construction of revet. not so satisfied, he is hereby instructed to institute such legal proceedings as ruent works where the. banks n.re caving at Greenville reao!J, Delta. Point, in may be necessary to prevent tlie washing, sluicing, dumping, or discl;larging front of the cities of Vicksburg, Memphis, Hickman, and Columbus: .And pro­ detritus, debris, or slickens, caused by or arising from such hydraulic mining, videdfm·tfler, 'That contraction 'vorks shall be built at the same time in the wide into either of said rivers or any of its tributaries, or into the San Joaquin River portions of tho river immediately above the said revetment works. Of the or any of its tribut-aries, or in or to such place or situation from which such amount he1·ein appropriated for the Lower Mississippi, S75,GOO are to be ex­ detritus, debris, or slickens may be liable to be washed or carried-by storms or pended in continuing the work in prog1·ess at New Orleans; 3187,500 for the ftoods into either of said rivers or tributaries; and he is hereby im,tructed to rectification of the Red and Atchnfaln.ya Rh·ers by preventing further enlarge­ use out of said sum as much as may be necessary for said purpose. ment oft-he latter stre:1m a tid re6trictiug its outlet capacity, and for keeping open Improving San Joaquin River and Stockton and.Mormtm Sloughs, California: a navigable channel thl"Ough the month of Red or Old River into the Mississippi; Continuing improvement, $18,750. - ~371500 in improv~ng navigation in the Greenville reach bypreventingthe bank Improving canal at the Cascades, Oregon: Continuing improvement, $187,500. at ureenville;rom further ca.ving; $75,000 in deepening the channel at Vicks­ Improving the Upp~r Columbia River, including Snake RiYer, Oregon, and burg by dredging through the bar existing there; butthislast-named sum shall Washington 'territory: Continuing improvement, $10,000. not be expended unless after another examination or survey the commission Improving tne mouth of the Columbia River, Oregon, Sl87 ,500. shall deem it advisable; and if they shall not, then $37,590 shall be expended in Improving Lower Willamette River, and Columbia. RiYer below Portland, the improvement of navigation at Vicksburg by constructing suitable dikes and . Oreg.: Continuing improvement, $75,000; of which sum $21,000 for a snag-boat other appropriate works, and $56,250 in completing the work on the river at to be used on the 1Villamette and Colwnbia Rivers, and $1>,000 to be expended Memphis; also $18,750 for work on the river at Hickman, and $1.8,750 for work on the river in front of Portland. · ' on the river at Columbus, Ky. Improving the Upper Willamette River above Portland, Oreg.: Continuing . For exam inRtions and surveys at South PaS3 of the .Mississippi River, pursuant improvement $10,000. · to the n.ct of March 3, 1875,$10,000. Improving Coquille River, Oregon: Continuing improvement, $20,000. For survey of the Mississippi Ri\·er from the head of the passes to its bead­ Improving Chehalis River, Washington Territory: Continuing improvement, waters: Continuing survey, t.30,000. $2,500. For gauging the waters of the Lower Mississippi RiveT and its tributaries, as Improving Cowlitz River. Washington Territory: Continuing improvement, provided for in joint resolution of the 21st of February, 1871, $'5,000. 82.000. For continuing -the remo,·al of snags, wrecks, and _other obstructions in the I Improving Skagit, Steilaquamish, Nootsack, Snohomish, and Snoqun.lmie 1\Iississippi River, $56,250. Rivers, Washington Territory: Continuing improvement, $10,000. For gauging the waters in the Columbia River, $1,000. Improving Missouri River from its mouth to Sioux City: Continuing improve- SEc. 2. That in places where harbor-lines have not been established, and where ' ment, including necessary work at Omaha, Atchison, Saint Joseph, Fort J.,eaveu­ deposits of debl'is ·of mines or stamp works can be made without injury to navi­ wort.h reservation, Arrow Rock, Kansas City, Plattsmouth, Brownsville, and gation, within lines to be established by the Secretary of War, said officer may, Nebraska City, $375,000 h. to be expended under the direction of the Secretary of and is hereby atlthorized to, en. use such lines to be established; abd within such War, in accordance wit plans and estimates to be furnished by the Missouri lines such deposits maybe made, under rcgulatiousto be f1·om time. to time pre- River Commission. . . scribed by him. . Improving Missouri River from Sioux City to Fort Benton: Continuing im­ SEC. 3. Itshall not be lawful to cast, throw, empty, or unlade,orcause,suffer, provement, $60,000, under the direction of the Secretary of 1Var. or procure to be cast, thrown, emptied, or unladen, either from or out of any For removing obstructions in the Missouri River, m,500. ship, vessel, lighter, barge, boat, or other craft., or fro)ll the shore, pi~r, wharf, or Improving the Ohio River: Continuing improvement, S375,000; out of whi.ch mills of any kind what-ever, any ballast, stone, slate, gravel, earth, slack, rub­ sum $37,500 are to be expended at Grand Chain in removing rocks and other ob­ bish, wreck, filth, slabs, edgings, sawdust,, slag, or cinders, or other refuse or mill­ structions to navigation at t-hat locality; also $18,750 may be expended in con­ waste of any kind, into New York Harbor: Pro'!Jided, That nothing herein con­ structing or aiding in the construction of such an embankment on the south tained shall extend, or be constl·ued to extend. to the casting out, unlading, or side of the Great Miami River, near its junction with the Ohio, as may be neces­ throwingontof any ship or vcsscl,light.er, barge, boat, or other craft, any stones, sary to confine the waters of the Great Miami in great ftoods to the genera-l rocks, brick, lime, or other materials ·used, or to be used, in or toward the build­ course of its channel at or near the Ohio, to the end that the formation of t-he ing, repairing, or keeping in repair any quay, pie1·, wharf, weir, bridge, building, bar in the Ohio River now forming and obstructing navigation may be arrested; or other work lawfully erected or to be erected on the banks or sid~>s of said also $n,500, or so much thereof as may be necessary, of said appropriation shall harbor, or to the CS!Iting out, unlading, or depositing of any material excavated be expended in constructing five ice-piers, pursuant to the present or prospective for the improvement of navigable waters, into such places and in such manner plans of the Chief of Engineers, at or near the following places, to 'wit: One at as may be deemed by the United States officer supervising the improvement of Pomeroy, Ohio; one at Middleport, Ohio; one at Gallipolis, Ohio; and one at said harbor mo:;t judicious and practicable and for the best interests of such Ironton, Ohio; and one at or near Ashland, K-y., on the south side of the Ohio improvement. • • River: Provided, That the Secretary of War is hereby authorized and directed to SEc. 4. The Secretary of War shall prescribe such rules and regulations as may obtain, if he can do so without cost to the United States, perpetual leases or con­ be necessary to secure a judicious and economical expenditm·e of the money veyances of the riparian rights of the property-owners at each of said locaUties, herein appropriated, and shall cause to be made and submitted to Congress an­ in the event said ice-piers, or any one of them, shall be located where there is no nual reports, together with maps and plans, including the report of the Missis­ improved landing-~lace: .And prcwided fu·J·ther, That at loculities where there are sippi River Commission, on or before December 1, giving detailed statements improved landings be shall first obtain a relinquishmt>ntof wharfage rights and of the work done, contracts made, the expenditures thereunder or otherwise, dues in favor of water-craft seeking protection from dama-ge by ice; and no part and balances of money on hand np to November 1, and the effect of such work, of this appropriation shall be used for such purpose until the foregoing conditions together with such recommendations as he may deem proper. He shall, at the are complied with. Also, out of said appropriation for the Ohio River Sl8,75Q for same time, report to Congress all cases in which piers, breakwaters, locks, and removing obstruction at the mouth of Licking River; also Sll,250 for complet­ dams, or other structures or works built or made by the United States in aid of ing ice-harbor at Four-Mile Bar, near Cincinnati; also$20,000, or so much thereof commerce or navigation are used, occupied, or injured by a corpo-ration or au as may be necessary, for Davis Island Dam. · individual, and the extent and mode of such use, 9CCUpation. or injury. - He For continuing operations upon the reservoirs at the headwaters of the Missis­ shall report, at the same time, whether any bridges, causeways, or structures sippi River, $37,500: Provided. That in the opinion of the Chief of Engineers the now erected or in process of erection do or will interefere with free and safe expenditure of this appropriation and the ultimate completion of this part of navigation. · the reservoir system will adequately improve navigation. SEc. 5. It shall be the duty of the Secretary of War to applythe money hereb! For operating snag-boat on Upper Mississippi River, $22,500. appropriated for improvements, other than surveys and estimates, in carryir_t Improving Mississippi River from Saint Paul to Des Moines Rapids: Contin­ on the various works, by contract or otherwise, as may be most econom.ical and uing improvement, $382,500; of which sum $6,000, or so much thereof as may be advantageous to the Government. Where said works are done by contract, necessary shall be applied to the removal of the rock at Duck Creek Chain, at such contract shall be made after sufficient public a~vertisement for proposals, the Rock island Rapids; and of which sum the fm·ther amount of $15,~ or so in such manner and form as the Secretary of War shall prescribe; and such much thereof as may be necessary, may be used by_the Secretary of war, in contracts shall be made with the lowest responsible bidders, accompanied b~ his discret.ion, for continuing the praetical test of the flume invented by M. J. such securities as the Secretary of War shall require, conditioned for t.he failli· Adams, the said test to be made under the supervision and direction of said ful prosecution and completion of the work according to such contract-, and for 7930 CONGRESSIONAL REOORD-HOUSE. AUGUST 3, the proonpt payment of all liabilities incurred in the prosecution thereof for Well1leet Harbor. labor and materials. Falmouth Harbor of Refuge. SEc. G. The Secretary of War is hereby directed, at his discretion, to cause ex­ Vineyard Haven Harbor. aminations or surveys, or both, to be made, and the cost of improvements to be Cottage City Harbor. estimated, at the following localities, to wit: 1\lcnemsba Harbor oi' Refuge, In the States of- . Arkansas: Winthrop Harbor. Re-e.:mmination of Little River. New Bedford Harbor. The lakes connecting with Red RiYer, between Sbreyeport, La., anil Fulton, Michigan: · Ark. Bar in Saint Clair River opposite Sa.l.nt Ola.it Cit~,' Re-e.:ramination of Ouachita aboye Camden, Ark. Grand River. Saline River. North River between Essex and North bridges. Cache Rive1-. Biddle's Point at Mackinac Harbor, with a. view to a. brenkwater: California : Harbor at Forestville, Lake Huron. San Pedro Bay near the entrance to Wilmington Ho.rbor, with a view to estab­ Pigeon River. lishing an outer harbor for the protection of deep-draught vessels. Mouth of Black River, Saint Clair County. 1\louth of Smith's River. Carp River at Leland, with a view to affording an entrance to Carp Lake for Crescent City Harbor, with a viow to a se:~rwo.ll from Battery Point to Flat harbor of refuge. - Rock. . Lake 1\fichlgan at Empire, with a. view to cutting a channel across the bar from Lake Michigan to Bar Lake. Connecticut: Grand Traverse Bay, with a view to connecting it with Torch Lake, near Fi"o-l\lile River Ha.rbor. Eastport. Resurvey of Duck Isl..'\nd Harbor, on Long Island Sound, including plans, Pinepog River. . specifications, and estimate of cost for making the same a harbor of refuge, . Rouge River at its junction with Detroit River, and up the ri;er to bridge of Dakota Territory; Saint Louis and Waba-sh Railroad. - Jnme~ Rive1·. Torch Lake Channel, Lake Superior. Delaware: 1\linnesota.: Duck Creek. Red River of the North from Moorhead to Fergus Falls. Florida: Red Lake River from Grand Forks to Red Lake. Pnnta Rassa. Harbor. Mississippi River between Saint Paul and Saint Anthony's Falls. Resurvey of Tampa Bay, including Hillsborough River up to the city of 1\linnesota River, with a view to its improvement by locks and dams. Tampa. · Mississippi: Resw·vey of buter and inner bars at Pensacola. Tombigbee River,'to nscertain what imp1;ovement is necessary to make snid Charlotte Harbor, including San Carlos Bay. river .continuously navigable from Vienna, Ala., to Wn.lk.er's Bridge, Missi - Clear Water Ho.rbort.....including Anclote and Saint Joseph's Bays and theNar- sippi. J'OWS into Boga Oiega. ..t:Sa.y. Cassity Bayou. Wakulla River from its mouth to Waktillo. Springs. · Noxubee Rh·er, to ascertain whether it can be made continuously navigable Survey of the channel from Haul-over, on Indian River, to Gilbert's Bar. by a. system of locks and dams, or otherwise. Saint Augustine, for a deep sea-channel on the outer bar. Bear Creek. • Georgia: Missouri: Savannah River from cross-tides above Sa;annah to the bar, with a view to Resurvey of the Osage River from its mouth to Osceola, with a ;iew to mov- obtaining 28 feet of water in the channeL able locks and dams, or other methods of improvement. · • Flint River from Montezuma to Old Agency. Little River from Hornersville to its junction with the Saint Francis Ri;er. From Doboy Island to Doboy Bar. Saint Francis River from Greenville to the Arkansas State line. Jekyl Creek. N cw Ha.mpshire: Illinois: Bellamy River. Farm Creek, with a. view t~ changing its course. North Carolina: Kaskaskia. River from New Athens to mouth. Alligator River. Bars in Hamburg Bay. . Locl..-wood's Folly llh•er. Calumet River from the forks of the river near its entra.nce into Lake Ca.lu­ Lumber River. lllet to Riverdale;· also Calumet River from Riverdale to Blue Island. Yadkin River from South Carolina line the Narrows. .Mississippi River at Rush Island Bend and Ivy Landing, with a view to con· to fining and, deepening the. channel. . Catawba Ri>er. New Jersey: · Indiana: Thoroughfare running ba.ck of the ocean from Cape .May to the Great Bay For a. survey of the Ohio River near the city of Evansville, Ind. with a. view north of Atlantic City. to determine what, if anything, will be necessary to prevent a clu;:nge of the ·Channel back of Brigantine Beach, between Absecon and Brigantine Inlet . ~ha.nnel of the river in front of that city. NewYork: . · Kentucky: Channel between Jamaica Bay and Rockaway Inlet. Pond River. The East River, with a. view to the removal of a ledge of rocks situated be­ The Secretary of War is directed to 1·eport to the next session of Congress tween five and six hundred feet from the foot of Tenth and Eleventh streets in whether or not the Government dry-dock at Louisville and Portland Canal is the city of New York. ndeqnate for the purposes of commerce, and what alterations, if any, are neces­ Sprinl? Creek. sary, and the cost of making the same. Waddmgton Harbor. Licking River from Farmer's to West Liberty. Mouth of Patchouge River. Salt River. Hudson River between New Baltimore and Coxsackie. For ice-harbor at Paducah1 Ky. Peter's Neck Bay. The bar at the mouth of L1mestone Creek, in-the harbor of Maysville. Tonawanda. Harbor and Niagara River between Black Rock and Ton.'\ wanda, . Louisiana: with a. view to a. 16-foot channel, Little River. Glen Cove Harbor. Bayou Rouge. . Oregon: Dngdemona Rivet·. Wood River. Mouth of Bayou Plaquemine, with a view to its connection with the Missis­ Link River. aippi River by locks; also Bayou Plaquemine and other connecting streams, to Suislaw River and Bar. form the best route to Grand Lake. - Coquille River between Coquille City and Myrtle Point. Bogue Falia from present landing to Covington. Nahalem Bay and Bar. Calcasieu Pass, the two bars obstructing the navigation thereof. Tillamook Bay and Bar. Mouth of Calcasieu Rive!t. the bar obstructing its mouth. Umpqua. River. Bayou Terrebonne from .Houma to Thibodeaux. Bayou Teche from Saint Martinsville to Fort Barre. Ohio: Mouth of Bayou La Fourche, with a view to the construction· of a. ·lock and Sandusky Ha.rbor, with n. view to a straight channel fxom the north end of dam; Clear Lake, Black Bayou, Red Bayou. Black Lake,· and Kelly Bayou, to Cedar Point t~ the east end of the existing channel in front of the city. reopen navigable communication between those streams and Red River; Bayou Big Hockhocking River from its mouth to Coolville. La Fourche, to secure navigation at low water. • · Chagrin River at its mouth. Co:rnay R1ver. . Pennsylvania: Ouchita River from Camden to month. with a. slack-water navigation. Darby Creek. of~i{e0lo~fs~~::d ~:;~~~~tion from Abbeville to the railroad bridge Rhode Island: Little Narragansett Bay, entxance to the wharves at Watch Hill. Bayou Rondeway. Cypress Bayou. South Carolina.: Bayou Vidal. Mosquito Creek between the South Edist-o and .A.shepoo Rivers, with view Maine: . to connect the South Edisto with the .A.shepoo at or near Fenwick's Island. Bayoduce River between the towns of .Penobscot and Brooksville. Mingo Creek. Big Rapids of Saint John's River. Clark's Creek. Camden Harbor. Little Pee Dee River. • Rocl...-port Harbor. Alligator River and other waters connecting Santee Rivm· and Bull' Bay. Kennebec Rh·er at Bath, and from Augusta. to lower end of Perkin's Island. Tennessee: Saint"George's River from Warren to Thomaston. North Fork of the Forked River below Dyersburg. Matinicus Isle, with a view to a harbor of refuge. Obeils River from the point where improvements ha;e heretofore been m. do Penobscot River from Bangor to Buckspor~ Narrows. . to the 'mouth of the West Fork. Saint Croix River from Ferry Point bridge, at Calais, to Breakwater Ledge. Texas: Bar Harbor; Me., with the view to establishing a hreakwater and deepening Cedar Bayou where it empties into Galveston Bay. the waters of said harbor, and especially the channel between Rodick's Island Virginia: and Mount Desert Island. l\lattox Creek. Maryland: Nansemond River. Cambridge Harbor. Louisa. Fork of Sandy RiYer. . Fairlee Creek. Roanoke River from Clarkesville, Va., to ~ton Falls, North 0· rolin~ Patuxent River from Benedict to IDU's Landing. Hunter's Creek:. For widening the channel of Baltimore Harbor to 600 feet, West Virginia: MassachusettE: Meadow River. Manchester Harbor, Gauley River. Duxbury Harbor. Coal River. ·' 1886. CONGRESSIONAL RECORD-HOUSE. 79:11

Wisconsin: Mr. WILLIS. I demand the previous question. Harbor at Hudson, Lake Saint Croix. The SPEAKER. ·There is no previous question at this stage of pro­ Examination and report on the causes of the extraordinary overfLows of the Chippewa. River, and what means, if any, can be adopted to pre'Vent their recur- ceeding. The question of consideration is raised. If the Honse de­ rence. · termines to consider the report, then the gentleman from Kentucky hav­ SEc. 7. For examinations, surveys, and contingencies, and for accidental l'e­ ing charge of it can move the previous question if he desires to do so. pairs, for which there is no special appropriation, forriversand harbors, $1.00,000: Provided, That no survey shall be made of any harbors or rivers until the Chief The gentleman from lllinois [Mr. SPRINGER] reserved some point of of Engineers shall have directed a preliminary examination of the same by the order, which he will state. local engineer in charge of the district-, or an engineer detailed for the purpose; Mr. SPRINGER. I desire to reserve any points of order till after the and such local or detailed engineer shall report to said Chief of Engineers whether, in his opinion, said harbor or river is worthy of improvement, and question ofconsideration has been det-ermined. The House may decide shall state in such report fully and particularly the facts and reasons on which to take up first the report on the deficiency appropriation bill. he bases such opinion, including the present and prospective deniaDds of com­ The SPEAKER. The Chair supposed the gentleman desired to make merce; and it shall be the duty of the Chief of Engineers to direct the making of such survey if, in his opinion, the harbor or river proposed to be surveyed be some point of order which would be appropriate now. A point of order worthy of improvement by the General Governn1ent; and he shall report to on the report itself can not be made until the House has determined to the Secretary of War the facts, and what public necessity or convenience may consider it. The gentleman from Missouri raises the question of con­ be subserved thereby, together with the full reports of the local engineer. Said rep011s of preliminary examinations and surveys shall be made to the House of sideration against this report. The question is, Will the House now Representatives, and are hereby ordered to be printed when so made. proceed to consider the report? SEC. 8. That the Secretary of War shall report to Con~ress, at its next and Ur. BUTTERWORTH. I understand that practically the present eacllsucceeding session thereof, the name and place of residence of each civilian engineer employed in the work ofjmproving rivers and harbo.rs by means and question is whether the river and harbor bill or the deficiency bill a.s the result of appropriations made in this and succeedin~ river and harbor shall first be considered.· · appropriation bills, the time so employed, the compensation paid, and the The SPEAKER. The gentleman from Missouri has raised the ques- pla(le at and work on which employed. And the Senate agree to the same. tion of consideration, and stated his purpose. ALBERT S. WILLIS, The question being taken, there were-ayes 97, noes 31. .JOHN M. GLOVER, Mr. SPRINGER. I make the point that no quorum has voted. H. H. 1\IARKHAl\I, Manager-son the part of the House. Tellel'S were ordered; and Mr. SPRIKGER and Mr. WILLIS were ap- • S . .J. R. McMILLAN, pointed. · · . 0. D. CONGER, The House again divided; and the tellel'S reported-ayes 143, noes 21. M. W. RANSOM, Mr. SPRINGER called tor the yeas and nays. Managers on. the part of tlte Senate. The yeas and nays were not ordered. · The SPEAKER. The gentleman from Missouri [Mr. BURNES] · So the House determined to consider the report of the aommittee of raises the question of consideration against this report. conference on the river and harbor bill. Mr. WILLIS. I ask whether the statement of the House conferees Mr. WILLIS. I demand the previous question. which accompanies the report ought not to be read now. The SPEAKER. The gentleman from Illinois [Mr. SPRIXGER] llas The SPEAKER. Not necessarily, as it is rather in the nature of a pofnt of order pending, which he will state. debate, and will come up appropriately when the matter is before _the Mr. SPRINGER. . This report on its face embraces an entirely new House for consideration. bill, being in the form of a proposition to strike out all after the enact­ !t1r.· WILLIS. I desire to have it read. ing clause of the House bill and insert what has been read by the Clerk. Mr. SPRINGER. I desire to reserve all points of order on this re- Under the rule all matters relating to appropriations must have their port. . first consideration in tbe Committee of the Whole House on the state The SPEAKER. If there be no objection, the Clerk will read the of the Union. On the face of the paper all these propositions here pre­ statement of the House conferees, as it is not long. The Chair under­ sented are new, .an entirely new bill having been inserted by the con­ stands that the.gentleman from Illinois [Mr. SPRINGER] resenes all ference committee; but as an actual fact several of these propositions questions of order. have not been _considered at all by this House-one, particularly, ap­ The statement of the House conferees was read, ns follows: pointing a commission of, I belie,e, fi>~ engineers-- The managers on the part of the House of the conference on the disagreeing A MEMBER. Three. votes of the two Houses on the amendment of the Senate to the bill (H. R. 7480) Mr. SPRINGER. Whose duty it shall be to investigate and report known as "the river and harbor bill," submit the following statement: to the next Congress upon the feasibility of certain public works, among The Senate struck out all after the enacting clause in the House bill and in­ serted a bill of their own, taking the House bill as the basis therefor. Their ac­ them the various canals mentioned in the former bill; and $15,000 is tion was treated as one amendment. appropriated to pay the expenses ofthatcommission. These items have The House receded from its disagreement to this amendment and concurred never been considered by this House. Even if it be contended that in the same 1l'ith an amendment, to which the Senat-e agreed. The Senate amendmentcontained aU th~items of the House bille.xceptthree., though upon the face of this proposition a"' new bill is presented the the Hiawassa. River, the South Forked Deer, and the South Fork of the Cum­ mass of matter embraced in it is not new, yet as a matter of fact there ' berland, amounting in the aggregate to $12,500, or, subjected to the 25 per cent. are, as I have just suggested, several entirely new propositions, which reduction, to $9,375. · The Senate increased forty-five House items, amounting in the aggregate to have never had consideration here in Committee of the Whole' House. $1,96!,800, or, subjected to the 25 per cent. reduction, to $1,473,600. The eight Mr. HEPBURN. In that connection allow me to call the attention principal items are New York Harbor, mouth of Columbia River, Cape Fear of the Chair to the third clause of the twenty-third rule, which is in River, the Cascades, Baltimore Harbor, Norfolk Harbor, Savannah Harbor, p.nd Great Kanawha River. These eight items comprise in amount four-fifths of the the following language: whole increase. All motions or propositions involving a. tax: or charge upon the people; all The Senat-e inserted twenty-six new items, amounting to $1,707,2i5, or, when proceedings touching appropriations of money or bills making appropriations reduced 25 per-cent., to $1,280,456. The five principal new items were Sandy of money or property, or requiring such appropriations to be made, or author­ Bay, Potomac River and Flats, Sturgeon Bay Canal, Portage Lake Canal, and izing payments out of appropriations dlready made, &c., * * * shall be first Hennepin Canal. These five items aggregate $1,4.00,000,_or fi'\'"e-sixths of the considered in a pommit.te~ of the Whole. · whole amount. After increasing these forty-five items whicll were in the House bill and in­ Now, Mr. Speaker, there are three propositions embodied in this bill serting the twenty-six new items the total of the bill was $18,G85,775. Thereupon that are entirely destructive of three of the propositions tow hich they a 2.5 per cent. reduction was made upon all the items, which brought. the amount are claimed to be amendments. There were three propositions by of the Senate bill to $14,013,393. · The bill which the present conf~nce committee herewith reports is based which the Senate had determined to enter upon the prosecution of cer­ upon the Senate amendment. tain public works. They were actually determined upon. They were All items which were contained in tbe bill report-ed to the Senate by the Sen­ enumerated among the public improvements to be adopted by the Gov­ ate committee, and whicll amounted to not more than $20,000 eacll, and which by the Senate amendment were reduced25 per cent., are restored by the present ernment under the appropriations made in this bill. The purpose, the bill to their original amount. The aggre.,ooate amount of the items thus restored scope, and the resnltofthisamendment as now reportedfrom the com­ is 8456,750. mittee of conference is to entirely change that determination and pur­ The Sandy Bay, New York Harbor, and Potomac River and Flats items are the same as in the Senate amendment, both as to amount and verbiage. pose in regard to these works, and to remand them to the Secretary of No appropriation is made for the purcha.""C of Sturgeon Bay Canal, b~t a board War and to a. commission who are at some future time to examine and of three engineers is required to report to the nex:t Congress as to the facts con­ report upon them, whichrepor~ is to form the basis for future action on nected with its construction, cost, and the relation it bears to the commerce of the Northwest. tho part of Congress when it shall be submitted. It seems to me that No appropriation is made for the pul'chase of Portage Lnke Cano.l, but a sim­ there is such .a radical and entire change, such a marked and manifest ilar board with like duties as in the case of the Sturgeon Bay Canal is authm·­ difference between the two propo~itions, that it can not be claimed the ized. No appropriation is made for the Illinois and l\Iichigan or Hennepin Canals, one now proposed by the committee of conference is a germane amend­ but a board of three engineers is authorized to consider their'()'alue to colDlneree ment to the original proposition. and their usefulness to navigation, with a proviso that nothing in said clause It is entirely new, in fact; new in all of its parts; newin its :results, shall be construed as committing the Governn1ent to the improvement thereof. The House appropriations for Saint Mary's and Hog Lake channel and for Wil­ and in its first determination; and therefore it seems to me, as it has mington, Cal., were restored. never been considered by the Honse, and as our rule is so broad and The compulsory levee clause in the Senate amendment is stricken out, and t.he comprehensive, embracing as it does all propositions and including all amount of the House appropriation reduced two hundred and fifty thousand, leaving the present amount at ~;000,000 . proceedings looking to the appropriation of money, it certainly includes The total amount of the ptesent bill is $14.473,900. conference reports as well; and such being the case, if that repor~ car­ - ALBERT S: WILLlS, ries an appropriation it ought to be and must be considered in a Com­ .JOHN :M:. GLOVER, H. H. MARKHAM, mittee of the Whole House on the state of the Union. when the point liianagers on. the part of the House. of order is made. CONGRESSIONAL RECORD-HOUSE. AUGUST 3,

Mr. SPRINGER. I wish to state more explicitly the point I make. The SPE~~KER. It requires a quorum to :fix the day to which the The first is as to the new matter embodied in this report, that it is not Honse shall adjourn. A quorum is not required on a motion to ad­ germane to this bill; and if germane it must, under the rules of the journ·. Honse, have its first consideration in a Committee of the Whole House Ur. BURROWS. While we are waiting for a quorum would it be on the state of the Union. in order to ask unanimous consent to consider a little bill? The SPEAKER. The House passed a bill to provide for the im­ The SPEA.KER. The Chair thinks not. The House can not act on provement of rivers and harbors and making an appropriation for that two motions at the same time. purpose. That bill was sent to the Senate where it was amended by The House again divided; and the tellers reported-ayes 4, noes 100. strildng out all after the enacting clause r.nd inserting a different prop­ So the motion was not agreed to. . osition in some respects, but a proposition having the same object in The SPEAKER. The question now is on the motion of ~he gentle­ view. When that came back to the House it was treated, and properly men fro Illinois [Mr. SPRINGER] that the House do now adjourn. so, as one single amendment, and not as a series of amendments us was l\Ir. HEPBURN. Pending that I move that when the Honse ad­ contended for by some gentlemen on the floor at the time. · journs it be till 12 o'clock on Thursday. It was non-concurred in by the Honse and a conference was appointed The SPEAKER. That is a change of the rules of the House. upon the disagreeing votes of the two Houses. That conference com­ Mr. HEPBURN. I :p.1ove then that when the Hoose adjourns it be mittee having met, reports back the Senate amendment as a single to meet on Friday. amendmentwith various amendments, and recommends that it be con­ The question being taken on Mr. HEPBURN's motion, the Speaker curred in with the other amendments which the committee has incor­ stated that the "noes" seemed to have it. porated in its re:nort. The question, therefore; is not whether the pro­ 1t1r: SPRINGER. I call for a division. visions to which the gentleman from lllinois alludes are germane to the. The House divided; and there were-ayes 3, noes 90. original bill as it passed the House, but whether they are germane to l\Ir. SPRINGER. No quorum. the Senate amendment which the Honse bad under consideration and The SPEAKER. The Chair appoints as tellers the gentleman from which was referred to the committee of conference. If germane·to that Illinois [Mr. SPRINGER] aud the gentleman from Missouri (M.r. amendment the point of order can not be sustained on the ground O'NEILL]. claimed by the gentleman from Illinois. The Chair thinks they are l\Ir. SPRINGER. The•motion was made by the gentleman from germane to the Senate amendment, for though different from the pro­ Iowa [Mr. HEPBtTRN J. visions contained in the Senate amendment, they relate to the same The SPE.AKER. But it was the gentleman from Illinois [Mr. subject; and, therefore, the Chair overrules the first point of order. SPRINGER] who made the point of no quorum. The second point of order is submitted by the gentleman froin. Iowa The House again divided; and the teUers reported-ayes 4, noes 160. that these proposed modifications must have their first consideration in So the motion was not agreed to. Committee of the Whole Honse on the state of the Union under the rule MESSAGE FRO::\! THE SENATE. of the House. The Chair is not aware of any case in the hi.Story of the A message from the Senate, by :M:r. SYMPSON, one of its clerks, re­ House where a CO!lference report has been sent to the Committee of quested the return of the bill (H. R. !>798) making appropriations for the Whole on the state of the Union, and it could not well be done for fortifications and other works of clefense, and for the a1·ma.ment thereof, the obvious reason that measures sent to the Committee of the Whole for the :fiscal year ending June 30, 1887, ancl for other purposes. on thestateofthe Union are sent therefort.hepurposeofbeingamended The message also announced tha~ the Senate had agreed tl the re­ and debated under the five-minute role. A conference report can no~ port of the committee of conference on the disagreeing votes of the two be amended, for it is one entire proposition which must be agreed to Houses on the amendments of the Senate to the joint resolution (H. in its entirety or rejected by the House upon a single vote. The Chijir, Res. 160) to authorize the Commissioner of the General Land Office to therefore, overrules. the· point of order. cause 15,000 copies of the map of the United States and Territories to The gentleman from Kentucky demands the previous question. be printed. · Mr. BROWNE, of Indjana. Let me make a parliamentary inquiry. The SPEAKER. The gentleman will state it. FORTIFICATIONS APPROPRIATION BILL. l\Ir. BROWNE, of Indiana. I desire, ifitmaybe doneat sometime The SPEAKER. If there be no objection an order will be made for during the consideration of the conference report, to move to concur, the retmn of the fortifications appropriation bill to the Senate, in com­ with an amendment striking out this provi_sion in regard to the im­ pliance with the request of that body. provement of the :Mississippi River from the·head of the passes to the There was no objection. month of the Ohio under the plans of the Mississippi River Commis­ RIVER .AND ll.ARBOR. .APPROPRIATION BILL. sion. This bas already been voted upon and disagreed to by the House. l\Ir. SPRINGER. I mo\e that the House take a; recess till 4 o'clock The inquiry I wish to make is, whether after the previous question has tbis afternoon. been ordered such a motion would be in order? · 'fhequestion being taken, the Spe.aker stated that the" noes" seemed The SPEAKER. As just stated by the Chair the l'epor~ of the con­ to have it. ference commi~tee can not be amended at all, even if the previous ques­ Mr. SPIUNGER. I eall for a division. tion was not ordered; but if the Hoose refuses to agree to the report of The House divided; and there were-ayes 4, noes 81. the conferees then the whole subject is open, and the gentleman can l\Ir. SPRINGER. No quorum. make a motion to concur with an amendment or to concur absolutely The SPEAKER. The Chair will appoint as tellers the gentleman as he may see proper. from Arkansas (Ur. DONN] and the gentleman from Illinois [1\-Ir. 1\lr. BROWNE, of Indiana. T~en the Honse can not reach this mat­ SPRL GER]. . ter as a separate and distinct subject•unless the report is 1·ejected? The Honse again divided; ami the tellers reported-ayes 4., noes 159. The SPEAKER. No; for the House must agl'ee or refuse to agree. So the motion was not agreed to. If it agrees to the report, that ends the matter. The SPEAKER. The question is on the motion of the gentleman The question is on ordering the previous question. from Illinoi [Mr. SPRINGER] that the House do now adjourn. The House divided; and there were-ayes 106, noes 15. The q tion having been taken ~n a divisiG.!l by sound, Mr. SPRINGER. No quorum. The EAKER said: The "noes" seem to have it. . The "noes'' The SPEAKER. The point of order being made that no quorum bas have· , and the Honse refuses to adjourn. voted, the Chair will order tellers. l\ . SPRINGER. I call for a division. Mr. SPRINGER and Mr. WILLIS were appointed tellers. e SPEAKER. The Chair thinks the gentleman's call for a divis­ The House again divided; and the tellers reported-ayes 14.5, noes comes to late. The Chair had not only announced the vote, but 21. e result of the vote. That is to say, that the House had refused to So the previous question was ordered. adjourn. The question is upon agreeing to ibe report of the commit­ Mr. SPRINGER. I move that the House do now adjourn. And tee of cop.ference, upon which the pre>ious question bas been ordered. pending that motion I move that when the House adjourns to-day it Under the rules thirty minutes arc allowed for debate, :fifteen minutes be till Thmsda.y next. . in support and fifteen minutes in opposition. The Chair will recog­ The SPEAKER. The question is on the latter motion. nize the gentleman from Kentucky [Mr. WILLIS] to control the time The question being taken: the Speaker stated that the·'' noes'' seemed in favor of the report and thegentleman from Illinois [M:r. SPniSGER] to have it. to control the time in opposition. Mr. SPRINGER. I call for a division. Mr. WILLIS. I will reserve my time for the p1oru ent. [Cries of The Honse divided; and there were-ayes 3, noes 128. "Vote!" Vote!"] Mr. SPRINGER. No quorum. _ Mr. SPRINGER. I have endeavored to defeat the passage of this The SPEAKER. The Chair appoints as tellers the gentleman froo bill for the reason that I think one of the most important of all the im­ Illinois [Mr. SPRINGER] and the gentleman from Kentucky [Mr. provements that have been suggested to this House has been omitted. WILLIS.) . The State of Illinois proposed to Congress to donate to the United States Mr. GLOVER. I desire to make a parliamentary inquiry. what is known as the Illinois and Michigan Canal, a canal connecting The SPEAKER. The gentleman will state it. the waters of lAke Michigan with those of the lllinois River. That Mr. GLOVER. Docs it require a quorum to vote on a. question of canal was bniltont of the proceeds of lands donated to the State of Illi­ adjournment? nois ior canal purposes. The State received that donation, sold the 1886. CONGRESSIONAL RECORD-HOUSE. 7933 lands, and applied the proceeds to the construction of this canoJ, and a whole to contribute to their construction. However, as I do not de­ has mai:ltained it charging only sufficient tolls, as nearly as could be sire to protract this discussion or to delay action upon this bill, I will estimated, to pay for the expenses of keeping it in repair. say that my special objection to the measure as it now stands is to the · That canal has not been an expense to the State. The receipts for provision in regar<:l to the improvement of the Uississippi River from it have inore than paid for repairs and keeping it in operation. In the head of the passes to the mouth of the Ohio. When that question view of the fact, however, that this canal connects the waters of Lake was pending in the House an important amendment was made by a · Michigan with the waters of the Gulf of Mexico, it is regarded by that very decisive vote, and I now desire that we non-concur in the report State as a great highway between the greatest city in the Northwest of the committee of conference in order that we may provide that the and the Gulf of Mexico, one that the Government of the United States whole amount of the appropriation shall be given to the improvement· ought to own, one that is essentially a channel fur interstate com- of the river between the points named, and that the method of its ex­ merce. ' penditure shall be committed to the Secretary of War; that is, that he The · State has, by a vote of the people, proposed to cede this great shall be permitted to expend so much as is here appropriated according work to the United States. This Congress, if·this bill should pass, will to his discretion. deliberately refuse to accept it. If the State of Illinois should convey I desire also that there shall be preserved in the clause the first pro­ that work to a private corporation it would sell for millions of dollars, viso that "no portion of this appropriation shall be expended to repair but the State does not propose to do so. It prop!)ses that the canal or build levees ior the purpose of reclaiming lands, or preventing injury shall be taken by the Government of the United States and maintained to lands or private property by overflow.'' I would also further pro­ forever a.s a free channelfor commercial purposes between the great lakes vide that so much of the sum as might in the opinion of the Secretary of the North, the Illinois and Mississippi Rivers, and the Gulf of Mexico. Iof the War be necessary should be applied by him in procuring snag­ No more important public work could be suggested. Gentlemen have boats and dredge-boats and Pxpended in keeping the channel of the Mis- . called this a local improvement. Sir, it is as national as the Mississippi sissippi River open. It is the opinion of the most experienced of those River itself. If our country should at any time be engaged in war with who have been engaged in the nayigation of the Mississippi River that Great Britain. there would be no more important channel of communi- the only hope of improving it is by keeping in employment the means cation than that which would connect the waters of Lake Michigan with of removing the bars aml snags and other obstructions which may be the Mis.Sissippi River; and yet, utterly disregarding the national im- found in its channel. '~here is not an experienced riverman-I speak portance of this great work, gentlemen have here stigmatized it as' a now of the masters and engineers and pilots of vessels-there is not one local improvement, merely for the benefit of the St..1.te of illinois. of these wit4 whom I am acquainted-and I have received many com- That proposition stands independent of and disconnected with the munications from gentlemen of this class-who has any faith in the proposition to construct the Hennepin Canal, but if the two be united system which has been adopted by what is known as the Mississippi they will form a line of water communication between the Upper Mis- River Commission. The only hope of this class of men is that the nav­ sissippi and Lake Michigan practically extending the navigation of igation of this river will be improved by a constant arid vigilant sys­ Lake Michigan from the city of Chicago to the city of Saint Paul. The tem of dredging, with the addition of snag-boats and the erection of whole Northwest, therefore, is interested in this improvement, and it lights and signals upon the shore. is ofmore importance to the people of this country in the future tha11 I think our experience has demonstrateu that the lower end of the any other fifty propositions that are now embraced in the 1·iver and Mississippi River is too large to be improved, the volume of water is too harbor bill. Gentlemen have insisted upon striking out this great work grMt to be kept w~thin limits by mere embankments or rev~truents. from the bill, and when the subject was before us a few days ago those It can not be done. If we should attempt the necessary expenditure who are now so anxious to pass this bill were willing to hazard the fate for that purpose it would be beyond the limits of the Treasury of the of the whole measure in order to defeat these two propositions. U~ited States. .As I have had occasion to say before, these improve- Mr. DUNN. Not all of them. ments :ue asked not because there is too little water in the lower end Mr. SPRINGER. Not all of them; I beg the gentleman'R pardon. ofthe Mississippi River, but because there are times when there is too Some gentlemen were not willing to take so great a risk. much-not for navigation, but for the interests and the property of Now, Mr. Speaker, it seems to beevidentthattheHonseisdetermined those who happen to own l:tnds upqn either shore. What we need, to pa8s the bill in its pre3ent shape. I had hoped that the proposition of sp~king merely in regard to the improvement of navigation, is to keep whichihavespoken wouldreceivefairconsideration, and thattheHouse constantly at work the dredge-boats and the snag-boats fu removing would treat these great national improvement~ in a manner worthy of the sand-bars and other obstructions. In this way we can make the the United States and worthy of the representatives of the people; but Mississippi River navigable at all times in the year. they have seen fit to disregard the appeals of the furmers of the great .AP. a matter of course, there is no interruption of navigation when the Northwest and of the business men of that region, the great grain-pro- waters of the stream become so high as to inundate the country upon dncing region of this country. This bill contains many provisions that either shore; yet if it were not for these inundations there would be no ought not to pass; but I do not claim that every item in a bill of this demand for these extraordinary appropriations for the improvement of kind should meet the approbation of every member. I do claim, how- that river. I believe gentlemen know this to be the fact. These large ev~r, that if you are going to embrace the §!;reat public works of the appropriations are demanded 1or the purpose of getting clear of the sur­ country in one bill, you should not p;ive us the play of Hamlet with plus water in some way and protecting the adjacent country against an Hamlet left out, retaining the characters which are comparati vcly un- extraordinary rise of the river-not for the purpose of making the chan­ important and insignificant. , nel navigable for the steamers that may ply upon it, not for the purpose That is what you are doing in this ca.se. You have stricken from of opening the river for commerce, not to make it possible for boats to this bill one of the greatest alld most important of the public impro\e- go up and down it, but for the purpose of rescuing the inundated lands, ments of the country, and filled the bill up with creeks and canals, and for nothing else. bayous and little lakes. But, Mr. Speaker, I recognize the necessity [Here the hammer fell.] for some ot the works that are proposed to be constructed; I recognize Mr. WILLIS. I yield two minutes to the gentleman from Louisiana the necessity for some bill of this character to pass at this session in [Mr. BLANCHARD]. · order to preserve existing works; and therefore, in order that those Mr. BLANCHAHD. Mr. Speaker, I take advantage of the opportu­ worthy objects may not be interfered with by any act of mine, I shalt nity afforded rue to express my gratification at the success which has now withdraw further opposition to the bill and leave the gentlemen attended the further efforts of tbe managers on the part of the House who favor it to pass it and take the responsibility of their action be- in their con1erence with the Senate. I am all the more §!;ratified be­ fore the people. cause that suc<;ess has been to me an agreeable surprise. I did not be- l reserve the balance of my time, and yield to the gentleman from lieve it po~ible. The bill presented here is one which I think will Indiana [Mr. BROWNE]. commend itself to the sober judgment of the great body of American The SPEAKER. The gentleman has seven minutes remaining. people. It is one which is needed to complete a number of valuable Mr. BROWNE, of Indiana. Mr. Speaker, I do not put my opposi- works of the Government and to prosecute a number of others already tion to concurring in this report upon the grounds stated by the gen- begun. If passed, it will save to the Government not less, in my opin­ tleman from Illinois. I think that if the committee had consented to ion, than $5,000,000, for that would be the loss which, if no river and incorporate hls measure it would have made the bill infinitely worse harbor bill should pass, would result to the Government in the way of than it is. .AP, I presume gentlemen generally know, I am opposed to destruction of works in an incomplete st.'\te and the deterioration of the the river and harbor bill, first, because the whole principle pervading large and valuable plant now owned by the Government and used in it ha.s a tendency to promote on the part of the Government what is prosecution of those works. I therefore hope, Mr. Speaker, that this known as the paternal idea. Congressional legislation is tending very bill will not be delaye<:l by further factious opposition, but will speedily rapidly in that direction. The people, or rather a section of the peo- pass the House. [Cries of ''Vote! '' ''Vote ! '' J ple, when they desire anything to be done that is·in their interest and 1\lr. WILLIS. Mr. Speaker, I desire to occupy just three minutes, the expense of which they ought to pay, appeal to Congress to do it at and then I shall ask for a vote. I appreciate the kindly sentiments of the expense of the people of the whole country, compelling the many ·my former colleague on the conference committee (M:r. BLANCHARD], to contribute 1or the benefit of the few. It may be true that some of and desire to say tbat at no time did I or any one acting with me have these canals in the Northwest are of importance to that section of the any criticism to make upon what we believed to be the judgment be country, but unless they are strictly national in their character and ad- .had at that time as tO his duties. We have all been laboring with the -vantageous to the whole people we have no right t-o ask the people as best ability we could command to bring abotlt a reconciliation as to the 7934 CONGRESSIONAL RECORD-HOUSE. .AUGUST 3, points of difterence on thiB bilL It is a measure on.which, as we all Parker, .Ricbnrdson, Sliruble, Ward,T.B. Payson, Rockwell, Swope, Weaver, A . J. know, a reconciliation of ditl'erences is very difficult. Touching those Perkins, Rowell, Symes, Weaver, J. B. matters which were put on this bill in the Senate, we came back and Pidcock, Ryan, Thomas, 0. B. West fairly presented them to the judgment of this House; and I hold it is Plumb, Scranton, '£ownshen.d, Whitlng, Price, Seney, Tucker, 'Voodlm·n. republican doctrine, I hold it is democratic doctrine, that the will of Randall, Sowden, Wait, the majority shall rule in all matters of legislation. I congratulate Rice, Springer, Ward,J.H. the gentleman from Illinois [Mr. SPRINGER] that ::tt last he has seen fit to bow to that supreme will. NOT VOTING-103. · This bill (touching upon it but for a moment) appropriat~ $14,473,- Adams, G. E. Cu.tcheon, Le Fenc, awycr, Aiken, Davenpot·t, Long. Scott, 900. This is two and one-half million dollars less than the amount .Allen, C. H. Davidson, R. H. M. Louttit, 'in~leton, embraced in the last bill which we passed, which was accepted by the Anderson, C. 1\I. Dawson, Lyman, Spr1ggs, country everywhere as a proper and just bill. Yet we know that the Anderson, :r. A.. Dingley, 1\Ia.rti.n, Sto.hlnecker, Arnot. Dorsey, Matson, teele, demands of commerce are greater to-day than they were two years ago. Ba-rbour, Dunham, 1\fcCreary, Stewart, J. ,V. This hill covers appropriations for two years; hence, the appropriation Barksdale, Ermentl·qut., McKinley, Stone, ,V, J ., Ky. in it is equivalent to an annual expenditure of only $7,000,000. Beach, Gallinger, 1\Iillard, • tone, W. J., Mo. Bingham, Gibson,_Eust.nce l\Iil1er, Storm, In regard to the action of the House, I desire to say that the bill Blount, Green, J.-,. S. Mills. Taylor, E. B. came from the Committee on Rivers and Harbors with its unanimous Boutelle, Grosvenor, l\1orrill, Taylor, I. H. approval and with no vote which bad been given upon sectional or Dragg, Hale, O'Donnell, Taylor, J.M. Brown, C. E. Hammond, O'Ferrnll, Thomns, J. R local issues. It came into the Committee of the Whole of this House Brumm, Hanback, Onthwaitc, '£brock:m.orton, and was ratified without a single amendment; it came into the House Burleigh, Harris, Owen, Tilllllil.U, and was voted upon without an amendment. It went to the Senate; Burrows, Hayden, Peel, Turnm·, Butterworth, Haynes, :i!'eters, Van Schnick, and there every item of the House bill was retained except three; and Cabell, Henley, Phelps, Viele, · those three were amended only to the· extent of $9,000. So far, there­ Candler, Hires, Pindar, Wade, fore, as the action of the Honse is concerned, it has been thoroughly in­ Caswell, Holmes, Ranney, Wadsworth, Clardy, Houk, Reed, •.r. B. Wellborn, dorsed by four consecutive votes in four different stage3 of proceedings. Comstool::, Howard, Reese, White, 1\lilo Now, Mr. Speaker, recognizing the fact that other important bills Cox, Johnson, F . .A. Robertson, 'Vinans, are pressing and time is precious I respectfully ask for a vote. Croxton, Laird, Rogers, Worthington. Mr. HEWITT. Before my friend the chairman of the committ-ee Curti_n, Landes, Sadler, takes· his seat I should like to ask him a question. Sp the report was adopted. l!Ir. WILLIS. Yes, sir. Dming the roll-call, Mr. HEWIT!'. I understand in the statement submitted it is stated Mr. BROWNE, of Indiana. I move that the re..1..ding of the names the language of the amendment in regard to New York harbor remains be dispensed with. unchanged. Is not that an oversight? · Ur. WEST. I object. M:r. WILLIS. It is; the word "continuing'~ is stricken out. The The following pairs were announced: objection of the gentleman from New York was to the existing plan of l\Ir. GREEN, of New Jersey, with Mr. BURLEIGH; if present, Mr. improvement. He desired to leave it to the engineers, and according GREEN, of New Jersey, would vote'' no" and Mr. B'uRLEIGn would to his xequest and· carrying out his wishes the committee struck out vote ''ay.'' the word "continuing" and left the appropriation to be determined by Mr. CROXTON with Mr. HAYDENj if _present, M.r. CROXTO.X would the will of the board of engineers. . vote. '' ay '' and 1\Ir. HAYDEN would vote ''no.'' Mr. HEWITT. That reply answers most of the criticisms and mis­ Until further notice: representations made in regard to my position on this question. Mr. MILLER with Mr. LOSG. Mr. WE.AVER, of Iowa. I demand the yeas and nays on :the adop­ Mr. Cox with Mr. A.J.'l'DERSON, of Kansas. tion of the report. Mr. STO:NE, of Missouri, with Mr. SAWYER. .· The yeas and nays were ordered. Mr. WORTII.INGTON with !tlr. MILLARD. The question was taken; anditwas decided in the affirmative-yeas Mr. CABELL with Mr. CAMPBELL, of Penn ylvania-: 121, nays 9 , not voting 103; as follows: 11r. CLARDY with Mr. OWEN. Mr. JONES,· of Alabama, with Mr. BROWN, of Ohio. YEAS-121. Mr. 0UTHW AITE with Mr. MORRILL. Baker Findlay, Lindsley, Skinner, Ir. GIB ON, of West Virginia, with ]ill:. MORROW. Ballen'tinc, Fisher, Lore, Smalls, Barne , Fleeger, Markham· Snyder, Mr. MARTIN with l\1r. PETERS. Barry, . Foran, Maybury,' Spooner, 1\fr. PEEL with 1\Ir. ALLEN, of Massachusetts. Bayne. Forney, :M:cKeuna, Stephenson. 1\ir. BA.RKSDALE with Mr. DAVE "'PORT. Bennett, Gay, McMillin, Stewart. • Charles Blanchard, Geddes, 1\IcRae, St. MArtin, Mr. DAWSON with Mr. R.ANNEY. Bland, Gib on, C. H. Mitchell, Stone, E. F. Mr. A.n.NOT with Mr. THOMAS, of illinois. Boyle, Gilfillan, :r.toffalt, Strait, · Brady, Glas., Morga.n, Swinburne, Mr.- DAVIDSON, of Florida, with Mr. GALLINGER. Breckiuridge, C.R. Glover, Morrow, Tarsney, 1r. HALE with Mr. HOUK.. Breckinridge WCP.GQff, Neal, Taulbee, l\1r. SADLER with 1\fr. V-ANSCHAICK. Ca-ldwell, Green, W. J. Negley, Taylor, Zach. Carleton, Guenther, Nelson, Thompson, lr. TUCKER with Mr. STEW ART, of Y erm.ont. Catchings, Heard. "orwood, Trigg, Mr. BARBOUR with Mr. LIBBEY. Clements, Hemphill, Oates, Van Eaton, Mr. BRAGG with Mr. CASWELL. Compton, Henderson, J. S. O'Hara, Wakefield, Il.A.M:M.OND with Mr. O'DONNELL. Crain, Herbert, O'Neill, Chal'les ·wallace, Mr. Crisp, Hermann, O'Neill, J. J. Warner, A. J. Mr. THROCKMORTON with Mr. W ADSWORTII. Culbe1· on, Hill, Payne, · 'Varner, William Mr. REESE with Mr. ADAMS, of Illinois. Daniel, Hopkins, Perry, ., Webel', Darga11, Hudd, Pettibone, Wheeler, 1\Ir. STORM with Mr. DUNII.Al\I. Da.vid.,;on, A. C. Hutton, Pircc, White, A. C. Mr. ROGERS with Mr. EzRA D. TAYLOR. Davis, Il'ion, Reagan, 'Villdns, 1\Ir. ROBERTSON with Mr. STEELE. Dibbl~. Jackson, Reid, J.W. Willis, Dougherty, Jones, J . H. Ri&rgs, Wiison, Mr. WINANS with 1\Ir. CUTCHEON". Dunn, Jones, J. T. Romeis, Wise, Mr. WELI:.BORN with Mr. PHELP • Eldredge, King, Sayers Wolford, . 1\fr. JOHN 1\f. TAYLOR with Mr. IKE H. TAYLOR. Ellsberry, Kleiner, Sessions, Farquhar, Lanham, Seymom·, Mr. CANDLER with Mr. II.AYN.ES. . Felto11, Libbey, Shaw, Mr. TURNER with Mr. DORSEY. ' 1\ir. HENLEY with Ur. HANBACK. NAYS-9 ~ . Mr. COMSTOCK with Mr. BURROWS. .Adams.J.J. Cannon, Hal), La.ft'oon, Mr. MILLS with Mr. McKINLEY. .Allen,J.M. Cobb, Halsell, La Follette, Mr. McCREARY with 1\lr. DINGLEY. Atkin on, Collin , Harmer, Lawler, Belmont, Conger, Hatch, Lehlbach, 1\ir. HARRIS with Mr. HOLMES. Bliss, Cooper, Henderson, D. B. Little, Mr. O'FEBR.ALL with Mr. WHITE of Minnesota. Botmd, Cowles, Henderson, T. J. Lovering, Mr. MATSO~ with Mr. BOUTELLE. Brow1 e, T. III. Dockery, Hepburn, Lowry, BroW1:, W. ,Y, Dowdney, Hewitt, Mahoney, For this day: Bucha.1tan, Eden, Hiestand, McAdoo, Mr. PINDAR with Mr. WADE. Buck., EJy, Hiscock, McComas, Mr. ST.A.HI.h""ECKER with 1\Ir. JoiL.~ o..,T, of New York. Bunnell, Evans, Hilt, Merriman, Burnes, Everhart, Holman, Milliken, l\Ir. SToNE, of Kentucky, with Mr. BRu IM. Bynum, Ford, James, • Morrison, Mr. REED, of l\1aine, with Mr. GROSVENOR on river and harbor bill, Campbell, Felix Frederick, Johnston, J. T. Muller, and until the close of the session. Campbell, J. E. Fuller, Johnston, T. D. Murphy, Campbell,J.l\1. Funston, Kelley, Neece, ' Mr. .ANDERSON, of Ohio, with Mr. LAIRD, on this YOte. Campbell, T.J. Grout, • Ketcham, Osborne, Mr. BINGH..AM with Mr. LYUAN, on river a.nd harbor bill. ------

1886. CONGRESSIONAL -RECORD-HOUSE. 7935

Mr. CAMPBELL, of Pennsylvania. I am paired with Mr. CABELL ury to re-examine said excepted claims and to cause the said accounting officers to re-ex:amine the same a-nd to certify anew the sums due and to whom due, on political questions, but not regarding this as a political question, I respectively by name, as non-resident aliens entitled to refunding of taxes col­ have voted. lected prior to July 1, 1833 ; " and the Senate agree to the same. 1t1r. JONES, of Alabama. I am paired with Mr. BR-OWN, of Ohio, Amendment numbered 117: That the House recede from its c:"lli!agreementto the amendment of the Senat-e numbered 117, and agree to the same with .an on all politicalquestions, but not regarding this as apolitical question, amendment as follows: Restore the matter stricken out, and in lieu of the mat­ ·I have voted. - ter proposed to be inserted insert the following:- " And the Secretary of the The vote was then announced as above recorded. Treasury is hereby directed to cause the proper accounting officers of the Treas­ ury to re-examine said excepted_claims and to cause the said accounting offi­ 1\IESSAGE FROl\I THE SENATE. cers to re-examine the same and to certify anew the 'Sums due and to whom due, respectively by name, as non-resident aliens entiUed to refunding of taxes A message from the Senate, by Mr. SYMPSON, one of its clerks, an­ collected prior to J nly 1, 18&3;" and the Senate agree to the same. nounced the adoption of the conference report on the disagreeing votes Amendment numbered 118: That the House recede from its disagreement to of the two Houses on the bill (H. R. 9798) making appropriations for the amendment of the Sena-te numbered ll8, and a-gree to the same with an amendment as follows: In lieu of the matter stricken out and proposed to be the fortifications and other works of defense; and for the armament inserted insert the following: "Except the claims numbered 4377,5245, and 1308 thereof, for the fiscal year ending June 30, 1887, ::mdfor other purposes, enumerated therein, $4.8,655.81." And the Secretary of the Treasw·y is hereby and had appointed Mr. DAWES, Mr. PLmrn, and :Mr. GOR:IIAN as directed to cl\use the proper aceounting officers of t,he Treasnry to re-examin.e said excepted claims and also claim n urn be red 1212, as certified in said executive managers of said conference on ita part. document, page 22, and if said claims or either of them shall be again certified ENROLLED BILLS SIGNED. to Congress the reasons in full for said cert-ification shall be submitted to Con­ grees'Witha detailed statement of the facts upon which said claim.s originated; •~ Mr. FISHER, from the Committee on Enrolled Bills, reported that and the Senate agree to the same. the committee had examined and found truly enrolled bills and joint Amendment numbered 122: That the House recede from its dis::l.gteement to the amendment of the Senat-e numbered 122, and agree to the same with an resolutions of the following titles; when the Speaker signed the same: amendment as follows : In line 1, page 4.. of said amendment, before the word A bill (S. 201) to provide for the erection of a public building in the "comp~tion," insert" Section 8;" and the Senate agree to the sa.m.e. city of Annapolis, Md. ; JAS. N. BURNES, BEN, LE FEVRE, A bill (S. 2609) granting a pension to Emily J. Stannard; LOUIS E. McCOMAS, A bill (S. 2056) to amend the pension laws by increasing the pensions Managers on the part of the House. of soldiers and· sailors who have lost an arm or a leg in the service; EUGENE HALE, A bill (H. R. 822) for the relief of William H. Wheeler; W. B. ALLISON, F. l\1. COCKRELL, A bill (H. R. 6664) to increase the naval establishment; Managers on the part of the Senate. A bill (H. R. 8585) to provide for the inspection of tobacco, cigars, Mr. BURNES. I now ask for the reading of the statement accom­ and snuff, and to repeal section 3151 of the Revised Statutes; panying the report. Joint resolution (H. Res. 87) providing for the printing and distribu­ The Clerk read as follows: tion of documents of the monetary conferences of 1878 and 1881; and 'I he managers on the part of the House -of the conference on the disagreeing Joint resolution (H. Res. 201) tor printing report of Commicssioner votes of the two Houses on certain amendments of the Senate to the bill H. R. of Agriculture. 9726, making appropriations to supply deficiencies for the fiscal year 1886, and prior years, submit the following written statement in explanation of the effect DEFICIENCY .APPROPRIATION BILL. of the action a,.o-:reed upon on each of the amehdments as submitted in the ac­ Mr. BURNES. I present a privileged report. coln.panying report, namely: On amendments 3, 4., 5, and 7: Appropriates $8,100 for salaries of charges d'af­ The Clerk read as follows: faires ad interim for 1SS6, strikes ou.t $30,000 for the same .service for the years The committee of conference on the disagreeing votes of the two Houses on 1879 and 1880, pro-vides that the accounts for contingent expenses of the foreign the amendments of the Senate to the bill (H. R. 9726) making appropriations to missions for 1885 may be £ettled without regard to the di-vision of the amount supply deficiencies in the appropriations for the fiscal year ending June 30, therefor, and strikes out provision to pay Fulton Paul, late consul-general at 1886, and prior years, and for other purposes, having met. after full n"Qd free Bucharest for protest fees. . conference have agreed to recommend and do recommend to their respective On amendment 10: Appropriates $13.62 for contingent expenses of the Civil Houses as follows: - Service Commission.. · That the Senate recede from its amendments numbered 4, 7, 17, 18, 22, 23, ~J, 28, On amendment ll: Appropriates $585.8-i to pay W. R. Beatty, internal revenue 36, 43, 44, 53, 58, 59, 63, 64, 65, 66, 70, n, 85,100,107, ll2,114, ll5, ll6, 119, and 120. gauget· at Denver, Colo. That the House rcczde from its disagreement to the amendments of the Senate On amendments 12 to 16, inclusive: Appropriates $2,4-!2.53 to pay deficiencies numbered 3, 5~ 10, ll, 12, 13, 14, 15, 16, 21, 25, 26, '2!7, 31, 33, 3i, 35, 49, 50, 51, 52, 54, on account of the Coast Su-rvey. 55, 56, 57, 60, 61, 69, 92, 93, 99, 109, 1ll, and ll3. On amendments 17 and 18: Strikes out p-rovision for hea·ting, hoisting, and Amendment numbered 20: That the House recede from its disagreement to ventilating apparatus for public building in New York, and to pay 1\Irs. Imogene the amendment of the Senate numbered 20, and agree to the same with an R. 1\Ionell for painting portt-aits of Howell Cobb and John C. Spencer, ex-Secre­ amendment as follows: In lieu of the sum proposed in the amended paragraph taries of the Treasury. insert" $200,000;" and the Senate agree to the same. On amendments 20 and 21: Appropriates $200,000 for repayment to importers Amendment numbered 30: That the House 1·ecede from its disagreement to the excess of deposits for unascertained duties, &c. the amendment of the Senate numbered 30, and agree to the same with an On amendment 22: Appropriates .,..695.25 to pay George Wardman, late asaist- amendment as follows: At the end of the matter proposed to be inserted in­ ant agent in Alaska.. · sert the following: ... And the sum of $25,000 additional is hereby appropriated On amendment 23: Strikes out provision touching the seUlement of certain for said purpose; " and the Senate agree to the same. accounts suspended or disallowed since January l, 1885. - Amendment numbered 32,; That the IIouse recede from its disagreement to On amendment 24: Strikes out· provision t-o pay extra compensation to certain the amendment of the Senate numbered 32, and agree t~ the same with an employes in the Treasury for senices rendered in 1882. a-mendment as follows: In lieu of the llliltter proposed to be inserted insert the On amendments 25 and 26: Appropriates $5,169.39 for paring around public following: "The board of engineers for· foi-tifications and for river and harbor buildings in Saint Lollis, Mo., and ~,233.13 for paving around arsenal in San improvements whether any changes are demanded for reasons of safety·or econ­ Antonio. omy in the method of lining said tunnel heretofore adopted and pursued, and On amendments 27 to 32, inclusive, touching the District of Columbia: Appro­ whether any changes are required in the method of lining and perfecting the priates $20,000 t-o complete boundary sewer, $1.,000 for counsel fees in defending reservoir: Provided, That said board shall make full report thereon, and pend­ claims of Samuel Strong, increases the sum for the new school buildings in the ing such examination the work shall proceed upon such parts thereof as the District bill from $50,000 to 575,000, refers to board of fortifications and for ri-ver Secreta-ry of War shall direct;" and the Senate agree to the same. and harbol' improvements whether any-changes should be madein the method .Amendment numbered 4.6: That the House recede from its disa-greement to of lining -the tunnel and reservoir o-f the new water-works, and that the work the amendment of the Senate numbered 4.6, and agree to the same with an shall proceed pending their report. amendment as follows: In lieu of the matter proposed to be inserted, iilsert the On amendment 33: Strikes out provision to pay claim oi Meredith Kidd. following: "For completing coaling-shed and naval staTehouse at Port Royal On amendments 34and 35: Provides for payment of $2,500 to widow of the late Harbor, South Carolina, $4,000; " and the Senate agree to t-he same. Surgeon J. J. Woodward, and gives $8,952 for completion of hospital at Hot Amendment numbered 62: That the House recede from its disagreement to Springs. . the amendment of the Senate numbered 62, and agree to the same with an On amendment 35: Appropriates $95,000 for Army tl:ansporta.tion. amendment as follows: In lieu of the matter proposed to be inserted by said On amendment 43: Strikes out "'2,500 for contingent expenses of N M'Y :SUI-eau amendment, insert the following: ''The Postmaster-General is hereby directed of Ordnance. · to examine the claim of the United Stat~ and Brazil Mail Steamship Company On ~mendments 44 and 46: Strikes out $2,800 for expenses of naval explora­ for carrying the United States mails during the fiscal year ended June 30,1886, tion in Alaska., and gives $4,000 for completion of coaling _shed and na-val store- and to report to Congress at its next setsion the amount of service so rendered, house at Port Royal Harbor. • and what sums in justice and equity he believed should be pi\id to said company On amendments 4.9 to 52, inclusive: Provides for the settlement of the ac­ for said service; " and the Senate agree to the same. counts of Richard Joseph, late disbursing clerk of the Interior Department. Amendment numbered 67: That the House1·ecedefrom its disagreement to the On amendments 53 to 58, inclusive: Slirikes out certain provisions touching \ amendment of the Senate numbered 67, and agree to the same with an amend- _ Indian Affaire. . men t as follows: Strike out the amended paragraph; and the Senate agree to On amendment 59: Strikes out $6,365.05 for lighting Capitol and grounds. the same. On amendments 60 and 61: Appropriates $780.83 for the National Museum. Amendment numbered98: ThattheHouserecedefrom its disagreement to the On amendment 62: Provides that the Postmaster-General shall examine and amendment of the Senate numbered 98, and agree to the same with an amend­ report t-o Congress on the claim of the United States and Bra.zil Steamship Com­ ment as follows: Strike out, after the name "William M. Olin," the word" as," pany for ca.rrying the maiL and insert in lieu thereof the following : "The difference between the amount On amendments 63 and 64: Strikes out pro-vision for preparing a digest of the of compensation received by him as an employe of the Government and the opinions of the Attorney·Genernl, and for settling certain accounts of Lient. W. salary of;" and the Senate agree tothes:une. P. Duvall. Amendments numbered 102,103,104,105, and 106: That the House recede from On amendment 65: Strikes out $1,449.37 for the National Board of Health. its disagreement to the amendments of the Senate numbered 102,103,104,105, On amendments 66 and 67: Strikes out proposed increase of amount for the a-nd 106, and agree to the same with an amendment as follows :. Strike out; the marshals' fees from S2-0,000 to $50,000, and 5"2,195.09 for fees of district att-orneys. ~mended paragraph ; and the Senate agree to the same. On amendment 69: Strikes out provision limiting fees of United Stat-es com­ Amendment numt>ered 108: That the Senate recede from its disagreement to missioners to S800 per annum. the amendment of the House to the amendment of the Senate numbered 108, On amendments 70 and 71: Strikes out provisi9ns for certain j udicia.l expenses and agree to the same. in Utah. Amendment numbered UO: That the House recede from its disagreement to On amendment 85: Strikes out provision to pay commissioners to ascertain the amendment of the Senate numbered 110, and agree to the sa-me with an damages by reason of flowage of lands by the Fox and Wisconsin Rivers. amendment as follows : Restore the matter stricken out, and in' lieu of the mat­ On amendments 92, 93, 98, and 99: Provides for certain expenses of the Senate. ter proposed to be inserted insert the following : "And the Secretary of the On amendment 100: Strikes out provision to pay for draping the Capitol on Treasury is hereby directed to cause the proper accounting officers of the Treas- the occasion of the death of ex-President Grant. - - - - "• ···-·

7936 OONGRESSIONAL RECORD-HOUSE. AUGUST 3,

On amendments 102 to 106: Strikes out provision to pay to the sisters of Hon. Mr. BURNES. My impression is that it is not necessary to answer Michael Hahn balance of his salary for unexpired term of his service. On amendment 107: Strikes out provision to pay family of William Hunter the question, since the point of order comes too late. - . · one year's salary. _ Mr. BRECKINRIDGE, of Arkansas. It is entirely necessary. On amendmentl09: Appropriate3 $5,850 to p n.yprinterson the Co:sGRESSlONAL Mr. BURNES. But we have no desire to withhold anything occur· Rn:conn for time lost. On amendments 110 and 117: Requires the Secretary of the Treasury to have ring in conference which the House ought to know or may desire to re-examined certain claims for refuud o' taxes to non-resident aliens and to cer­ know. In one single paragraph of the bil!as it passed the House there tify the same to the next session of Congress. were cerlain items in Executive Document No. 210 excepted from appro­ On amendment 111: Strikes out provision to pay certain fees of jurors and -..vitnesses. • priation. One of the items in that document which the Committee on On amendment 112: Str ikes out provision to p a.y the claim of A. G. Boone. Appr~riations has reported to the House as so excepted was sustained On amendment 113: Appropriates $25,951.06 to pay certain claims of the Atchi­ by the House and the exception wasstrickenout. The Senate amended son, Topeka. and Santa Fe and Northern Pacific railroad companies. On amendments 114., 115, and 116: Strikes out provision to pay the claims of the paragraph by striking out all of the other excepted items. The the Flint and Pierre 1\Iarquette and the Missoul'i, Kansas and Texas railroad House non-concu.rre.d in the Senate amendment and the conierence en­ companies for transporting the mail. sued. On amendments 118 and 119, requires the Secretary of the Treasury to cause to be re-examined the claims of the Hoboken Land Company, '.r. J. League, Bal­ The conference was, of course, upon the disagreeing votes of the two timore and Ohio Railroad Company,~and of L.A. Von Hoffman, and others, and Houses. The paragraph was, if I may be allowed the e'lCpressioD, a sin­ to certify the fi.nding to the next session of Congl'ess. gle entity. The Senate never agreed to the paragraph in its entirety. On amendment 120, strikes out the provision to pay t.he claims of the non-sub­ sidized railrollds operated by the Centl'al Pacific Railroad Company. for tl·ans­ By its amendment the Senate said to the House, the paragraph will not por• ation of the mails. be agreed to by the Senate unless the House will .agree to the Senate On amendment 122, provides for the payment of certain claims audited and cer­ amendment. The House replied by non-concurrence and a request for tified to Congress in Senate Executive Document No. 218, and the claims of post­ masters for difference in compensation adjusted under act of l\Iarch 3,1883. • a conference-a full and free conference, mark you; that perhaps in such The bill as finally agreed upo::t appropriates$6,850,325.03, being $956,833.061ess conference the House might recede from its disagreement, or the Senate than it was passed by the Senate and ~935,3 53.71 more than it was passed by the might recede, or either might recede with or without amendment, any House. · JAS. N. BURNES, sort of an amendment, or by agreement the entire paragraph might be BEN. LE FEVRE, stricken out. LOUIS E. McCO.:\IAS. Now, if the whole paragraph could have been stricken out, as the 1Jia11agers on the part of the House greater includes the less, any pn.rt of it could have been stricken out. Ur. BURNES. 1\:fr. Speaker, it will no doubt be remembered that The whole of the paragraph was in conference. The Senate had not this bill, as it passed the House, aggregat-ed a total appropriation of agreed to the. paragraph or any part of it. The Senate only proposed $5,914,962.32. As it passed the Senate theaggregatetotal was$7,807,- to agree to the p:uagraph in the event that the House would concu.r in 158.09. It will be seen that the increase by the ~enatewas$1 ,892,195. 77. the Senate amendment. The House refused to concur and the Senate The net reduction in conference was $956,833.06. The amount of the was free to_do as it pleased in.a full and free conference. No one will 1: bill as agreed to in conference is $6,850,325.03. claim for a moment that if a complete paragraph-complete in itself­ It will take me some time to go over the full particulars of the trans­ is 3>o1TI'eed to by both Houses it-can be changed in conference; but that li action and give a full account of each item discussed in the conference. is not this case. Here the two Houses did not agree as to this p:ntic­ If it be desired I will do so; if it is not desired we will save valuable ular paragraph, nor as to any part of it. The Senate merely tendered time. [Cries of ''No ! ''] I will not undertake then to go through every an offer to agree to the paragraph on a specified condition. . : single item butwillmovetheadoption of the report. [Cries of ''Vote!"] The SPEAKER. The Chair thinks it is too late to raise the ques­ Mr. CRAIN. I rise to make a point of order against one of the items tion of order. of this 1·eport. Mr. BRECKENRIDGE, of Arkansas. No, this· is for information. The SPEAKER. But thegentlemanfrom Missouri has proceeded to It is a question which goes to the merit of this report. - tliscuss the report and the point of order now comes too late. It should Mr. HENDERSON, of Iowa. On a question of information can we bave been made before the House entered upon the consideration of the go into the merits ofthe whole question and open up this deba~? report. The SPEAKER. But the gentleman from .Arkansas may desire to Mr. CRAIN. I was upon my feet ready to proceed, but the gentle-. give that as a reason for not sustaining the report of the conference. man from Missouri was recognized, and I supposed he was simply giv­ 'fhe Chair does not know the purpose for whfch the gentleman rose, ing the reasons for not discussing the report. but assumes that the gentleman objects to the report because the con­ The SPEAKER. The House had entered upon the consideration of ferees have stricken o~t a matter which had been previously agreed to the report, and the gentleman from Texas rose: as the Chair supposed, by the two Houses. · for the purpose of making a point of order of which the' Chair bad Mr. BRECKINRIDGE, of Arkansas. That is my purpose. The been informed. But the gentleman when he rose did not address the merits of the amendments which had been adopted in both the Honse Chair, and the gentleman from Missouri proceeded to explain the report. and Senate was not in controversy; and I wish to say that I care noth­ . Mr. CRAIN. I rose under the impression that the gentleman from ing about the claim. I know nothing about it, or of the me1its' of the Missouri had precedence, having charge of the conference report. claim. I refer only to the legislative question which is presented here The SPEAKER. A ·point of order in the Hpuse must always be where a proposition that has been agreed to by both Houses of Congress made before the House has entered upon the consideration of the sub­ is stricken out of the bill entirely by the conference committee, con­ ject. trary, as I claim, to any power with which it was clothed. And it is Mr. 9RAIN. I was prepared to make it. I ask the gentleman from just that naked, simple question of the power of the conferees. Missouri to permit me now to make the point of order. ·we send bills into conference, and if they are to reconstruct them from Mr. BURNES. If theconsequences were not so serious with regard foundation up, and in this manner annul the action of both branches of 1x> the delay, a point of order might be made. I would not hesitate to Congress, what confidence can the House or Senate or the two together render any accommodation or favor to my friend from Texas. But I have in the integrity of conference reports that are brought back here am quite sure the arrangement made in the bill with regard to the and rushed through in the last hours of the session? I think the House, claim to which I understand he refers will give a full and complete op­ utterly regardless of the merits of the claim on which they haYe agreed portunity to consider it at the next session of Congress. It will, there­ to make payment, should insist on the integrity of its own authority;

: fore, be impossible for me to yield to the request of my friend at this and that therefore this report should be voted doWn and the committee

I time. · instructed to report the agr.eement in conformity with the conclusions of Mr. CRAIN. I thought the proper time to make the point of order bo.th branches of Congress. ' was after the gentleman presented the report. I believe the question will recur on the adoption of the report? The SPEAl{ER. Of course; but the proper time is when the bill or The SPEAKER. That is the pending question. proposition, or whatever it may be, is read and presented for considera­ Mr. BRECKINRIDGE, of .Arkansas. I believe the gentleman states tion. After the House has entered upon it.sconsideration it is then too in explaining his report that they have taken single items that are com­ late to make a point of order. plete-each of course is but one among many in the biJl, but each is Mr. BRECKINRIDGE, of Arkansas. I wish to ask the gentleman complete in itself-and on the ground of adjusting a separate claim from Missouri a question. I wish to know if the conference commit­ have thrown this one entirely out of the bill. tee in this report which has been read to the House, and of course it is I can not see where they got the power; and I think it is a most dan­ impossible to follow all of the details of such· a report with reference gerous encouragement of a most unauthorized and unlawful proceeding to the various amendments as to what items are stricken out or which for the House to permit it when it perceives this has been done. have been adopted or which have been amended by the conferees-wbat I wish to ask is if the conferees have stricken out any item which bas INCREASED PENSIONS FOR ONE -ARMED AND OXE-LEGOED SOLDIERS. been already adopted by both the s~nate and the House. The SPEAKER. . On yesterday the House acted on a motion to sus­ Mr. CRAIN. Yes, they have; and it was with reference to that very pend the rules and pass the bill (S. 2056) to amend the pension laws point that I rose. by increasing the pension of soldiers and sailors who have lost an arm Mr. BRECKINR~GE, of Arkansas. I wanttoknowfrom the gen­ or leg in the service. The House agreed·to the motion to suspend the tleman from Missouri if the conference committee has adhered to its rules and passed the bill with sundry amendments. By an oversight legitimate sphi}Ie? the bill has oeen sent to the Senate without the amendments. The 1886. CONGRESSIONAL REOORD-HOUSE. 7937 .

Chair thinks the House should recall the bill that the amendments may Mr. CRAIN. It voted on that item by a yea-and-nay vote. be inserted. . Mr. BURNES. It voted on one item of this paragraph. The ques­ Mr. HENDERSON, of Iowa. I make that motion if it be necessary. tion simply is. wheth~r we have tratiSCended our powers. The will of The SPEAKER. If there be no objection the order will be made the House is expressed without a yea-and-nay vote just as solemnly as and the Clerk will be directed to request the return of the bill fro with such vote. the Senate.­ Mr. McCOMAS. This is not a question of order, but it is a question There was no objection. of the propriety of procedure. Upon that question it seems t{) me there can be no room for doubt. This is a paragraph of a bill which pro't ides DEFICIENCY .APPROPRIATION BILL. for thA payment of the claims on account of transportation of the Army Mr. BURNES. Not as speaking to a point of order, but in justifi­ and its supplies contained in a certain schedule in a certain executive cation of the action of the conferees on the part of the House, I beg document appropriating a round sum of money to pay the claims of to submit to gentlemen better qualified to discuss parliamentary con­ that class in that schedule not by name respectively but as a total. siderations and law than myself whether the facts in this case are of Upon a single paragraph the House agreed to appropriate $59,405.81. such a startling nature as to justify the House in manifesting any want It was the appropriation of a lump sum of money. Upon that the of confidence in the gentlemen to whom they intrusted the duty of Senate diftered, and determined to appropriate $107,994. , The contro­ conducting that conference. · versy between the conferees representing the wishes of the House and Here is a single paragraph in a bill. It has passed the House and those representing the Senate was the difference between those two been acted upon by the Senate. The Senate put upon the paragraph sums of money. It was not an isolated claim which we were passing an amendment. If the paragraph had been agreed to by the Senate upon. It was an aggregation of claims in one paragraph, making up without amendment no one could even pretend to believe that the con­ one total, and we were to determine whether the total adopted by the ferees could reconsider, amend, or change it in the slightest particular; House or the total adopted by the Senate should be retained in the bill. but this single paragraph, as I have shown, was amended in the Sen­ Mr. ADAMS, of New York. Will the gentleman yield for a ques­ ate, and thereby the whole of it W3S in conference. The Senate con­ tion? ferees proposed to recede from the Senate amendment on this paragraph Mr. McCOMAS. In a moment. Now, Mr. Speaker, in that confer­ with an amendment striking out another part of it. ence every item that goes to make up the difference between the two Every word and line of the bill as it passed the House had been amounts must be in controversy. They were all together. They were agreed to by the House. One part of that which passed the House was there, and we could not put them out. The question was, shall we take as sacred in conference as any other part. But only those parts were the one total sum or theothertotalsum? Theitemswereallinvolved, open to a full and free conference which were in a paragraph involved and when it was insisted that the claims excepted by the House which by a Senate amendment and a House non-concurrence therein. . made the total which had been agreed to by the Honse belonged in the The Houses had disagreed. They had not agreed. The paragraph same category with thi£! other claim, upon the principles involved was in a formative condition. The conferees found that the House had there-was nothing to do but to take the sum fixed by the House or the agreed to some of the provisions of the paragraph. The Senate had sum fixed by the Senate, or something between the two. For the first agreed to some proviRions of the paragraph on condition only. Under time it is stated here by gentlemen that there has been an attempt to these circumstances the conferees treated t.he paragraph as an entirety, strike out of this bill an item which had been passed upon by the House. and held that it was before them for alteration or amendment. · The strength of that is simply in the form of the statement, but a Mr. CRAIN. Will the gentleman permit me to interrupt him? fair and candid examination of the bill as it is will show that in deal­ :Mr. BURNES. In a mom~nt. The Senate conferees were deter­ ing with a single paragraph which involved a difference of totals we mined to defeat this claim or refuse to recede from the Senate amend­ simply went between t'he totals of the two Houses and came to an agree­ ment to the paragraph. This was a claim, like the others, excepted ment. Was it not in the power of the conferees to do that? If it was from allowance, and they very properly thought they ought all to fail not in their. power they certainly do not care to enlarge their power. together or be aJikeappropriatM for. They said: ''Let the Senatere­ I yield now for the question of my friend fro~ New York. ~de from its amendment to this paragraph, with an amendment strik­ Mr. ADAMS, of New York. My question is, whether yon, a..o; one ing out the appropriation and refentng all these claims to the account­ of the conferees, claim for the committee the power, after the House ing officers of the Treasury to be reported together to the next session had by a yea-and-nay vote inserted an item in the bill which had not of Congress for consideration." been inserted by the Committee of the Whole, to meet the conferees on Whether the conferees have exceeded their powers is a question not the part of the Senate and consent to have that item struck out, with­ now involved in the discussion. That is a question of law for the out first coming and obtaining the consent or approval of the House. Speaker. If the House is at all alarmed that the gentlemen who rep­ Mr. McCOMAS. So far as I a~ concerned, and I have no doubt so resented the House failed to stand for its rights and prerogatives as thor­ far as all the conferees are concerned, we do not desire any sort of ex­ oughly as they might have done, letC!e fu.ct be signalized by disagree- tension of power, we do not seek to change the effect of anybody's vote ing to the conference report. · or to change the action of the House; but what I claim is that we were A;fr. CRAIN. May I now ask the gentleman from Missouri a ques­ obeying the final vote of the House when it determined that it would tion? appropriate $59, 405 instead of the $107,994 which the Senate had agreed Mr. BURNES. Yes, sir. upon. Mr. CRAIN. Is it not a fact that there is a difference between the Mr. ADAMS, of New York. In other words, you as a conferee on items in that paragraph to this extent that all but one were stricken the part of the House claim the right to agree with the Senate conferees ' out by the House and put back by the Senate and thereby became to strike an item out of this bill,. after the House had put it there ex­ legitimate subjects for consideration by the conference committee, pressly by a yea-and-nay vote and the Senate had agreed that it should whereas the other item was passed in this House by a yea-and-nay vote, remain there. · and was afterward passed by the Senate, and, therefore, was not a legiti­ Mr. McCOMAS. I used no such words and made no such statement. mate subject for consideration bythe conferencecommittee? If a con­ I make my statement of my thought in my own language, and I say ference committee is permitted to strike outitemsthathavepassed both that when the House had instructed the conferees to have a conference, Houses, and which, therefore, do not come within. their purview, they it was not upon the crossing of a "t" ox the dotting of an "i ; " it was could take any bill passed by the Senate and the House, strike out all upon the appropriation of large sums of the public money here and after the enacting clause, and bring in an entirely new measure. , there, and the House instructed us as conferees to insist upon the sum Mr. BURNES. I will answer my friend from Texas. I think I have which it had agreed to appropriate, and we came as near as we could already answered him. This one paragraph contained three items, two to doing that. ofwhich the House excepted from appropriation, one of which the Mr. ADAMS, of New York. The House took away your power as Honse sustained. The Senate struck out the two exceptions-the two to that item. · items that the House had so excepted from appropriations-all of them :Mr. McC01riAS. The. House instructed us to insist, and we did so· in this one paragraph. Wew~nt into conference on theSenate amend­ 3S far as we could. This item was part of the paragraph, and yon can ment which put back the two items the House had. excepted. The not divide up a paragraph in the way gentlemen contend. claim alluded to by my friend was not objected to by the Senate until [Here the hammer fell.] we were in conference. Mr. CRAIN. Will the gentleman answer a question? Mr. CRAIN. It had been passed by both Houses. Mr. McCOMAS. I would be glad to answer it, if I had the time. Mr. BURNES. The paragraph had been passed by the Hotise, but Mr. BURNES. I now yield five minutes to the gentleman from was amended in the Senate. My claim is that the action of the Senate Texas [Mr. CR.AIN]. was, as to every word in the paragraph, a mere offer, on condition, to Mr. CRAIN. Mr. Speaker, I do not think this is a question a vote agree to it or any part of it. True this claim met with the .sanction of upon which if in the affirmative will decide that this House lacks con­ the House by a vote; and the other claims and every part of the bill as fidence in this conference committee. Doubtless the conferees believed it was sent to the Senate was the solemn action of the House; but the that they had the power under the rnles to do what they have done, non-concurrence in the Senate amendment was of equal solemnity. We and I do not intimate that they were governed by any other motives secured two points for the House by surrendering one. Each was equally than those of honor and justice. · mdoraed. Mr. WEAVER, of Iowa. State what the point is • .X:VII-497 7938 CONGRESSIONAL :B,EOORD-HOUSE. AUGUST 3,

Mr. CRAIN. I propose to do that. As I have said, Mr. Speaker, the gentlemen who compose the conference committee; everybody has I. do not impugn the motives of the conferees, but they certainly have the highest regard for them personally. The sole question is as to the erred as to their powers nnder the rules of the House. There was an jurisdiction of a. conference committee, whether or not they can strike item contained in the original bill providing an appropriation of $10, 750· out items which are not in dispute between the two Houses. The for the rent and occupation of certain property in the city of Galveston, grave question here presen~ is whether we should accept this report Tex. Other items were put in the same paragraph by the committee. striking ou£ items which were not in dispute between the two Houses. The committee recommended that these amounts should not be al­ It is very important for this House ;:t.nd for Congress that there should lowed, whereupon a yea.-and-nay vote was taken in the House upon be no impingement upon the integrity of the rule that matters on which the motion ofthe·gentleman from Indiana [Mr. HoLMAN], which vote there has been no disagreement between the two Houses should not be resulted in favor of this appropriation, the Ho_use deciding by a ·ma­ interfered with by a conterence committee. Why, sir, if you will turn jority of20 that the item should be restored to the bill. Subsequently, to page 321 of the Manual you will find it stated that- upon motion of the other gentleman from Indiana [Mr. BROWNE] to It is no~ competent for a conference committee to consider matters or subjects recommit the bill with instructions to strike out this item, the House not in dispute between the two Houses; nor can the committee change the text again decided that the. item should remain. The bill went to the Sen­ of a bill to which both Houses have agreed. ate with that paragraph in it, and the Senate passed the bill in that Agai..D., it is said, on page 322: shape. · . While it is unusual to instruct a coufe1·ence commit-tee, there are instances or Mr. GUENTHER. The Senate left vour item in. . the kind, but only in cases of disagreement on some particular item or iteins. Mr. CRAIN. Yes; the Senate left my item in the bill. In other Why, sir, if disagreement about an item in a paragraph unsettles words, it reaffirmed the .action taken by the House upon two votes by every other part of the paragraph see what then would be the condition yeas and nays. if you differed about the first item or any item in a paragraph in the A ME!\mER. There was no disagreement as to that. . river and harbor bill. It would' unsettle three hundred and odd items Mr. CRAIN. There was no disagreeing vote of the two Houses as in that bill and refer them to be settled to a conference committee, al­ to that item. The bill went to the conference committee; and as the though you had agreed to every one but that particular one. The lim­ chairman of the managers on the part of the House says, the Senate, itation is clearly to the exact text and particular items and snhstan­ speaking through its conferees, decided that they would not agree to tive propositions in dispute. the bill unless this item should be stricken out. Now we maintain [Here the hamm~ fell.] that this question was outside the jurisdiction of the eonference com- Mr. BURNES. I now yield to the gentleman from Indiana. mittee. It had never been submitted to them; and they had no juris- Mr. HOLMAN. Mr. Speaker, I submit ~his whole paragraph went to diction over any other question than thosewhicharose bythedisagree- the conference-the entire paragraph. I do not claim any extraordi­ ment of the two Houses. · nary experience in regard to the action of conference committees. l have This question was raised when the honorable gentleman from Penn- 'had the general experience of gentlemen on this floor. I remember o. sylvania [Mr. RAND .ALL] was Speaker of tne House-in the Forty-sixth number of instances where ibis has occurred. Here is a paragraph ap­ Congress, I believe-and I desireto referto his ruling on that occasion. propriating on certain claims $59,405.81. The Senate never agreed to 1; read from the Journal: that paragraph at all; the Senate never agreed to any part of it inde- 1\Ir. SPRINGER made the point of order that it was not in order to instruct said pendently, but it agreed to a paragmph with certain amendments strik­ committee at the present time, and the farther point of order that the portion ing out exceptions which were placed in the original paragraph and of the bill which the resolution proposes shall be open to consideration by the increasing the amount $437,964.29. From the necessity of the case conference committee had been settled by the two Houses and should not be the whole para!!Iaph went befiore the conflerees. made the subject of conference. · · ~ The SPEAKER held that it was not in the power of ·a conference committee to If I had time I could run over report after repor~ made during tho change a paragrapb which had been agreed to by both Houses, for the reason present Congress where the conferees have acted on the same principle. that the conference was only on the disagreeing votes of the two Houses, which The Senate have only agreed to the text of the measure as it wen~ to . necessarily excluded from consideration any matter agreed to. by th~ two Houses. . the House on theconditionall theexcep\ionsshouldbe omitted. They Now, the gentleman from :Maryland [Mr. McCo!'!I.A.S] maintains that have stricken out the exceptions and increased the aggregate amqunt simply because this item-- to be appropriated to $107,99~.29 . .. The objection of the Senate, front. Mr. McCOMAS. This paragraph, and the totals in the paragraph. the necessities of the case, ·carries the whole provision before the con- Mr. CRAIN. The gentleman maintains that simply because this ferees. I should be astonished to hear a doubt raised as to the whole item was pot in the same paragraph with other items which were not provision being before the conferees. voted upon separately, therefore because those other items in .the para- 1\fr. BURNES. I demand the previous question on the adoption of graph were made the subject o.fcouference that necessarily took in the the report. item which had been passed by both Houses. I say there is no reason The previous question was .ordered. and no authority for that position. The House divided; and there were-ayes 110, noes 24. Whatwould be the objectofthegentleman from Indiana[Mr. HoL- Mr. ORAIN. No quorum has voted. MAN] in demanding a separate vote by yeas and nays upon this item? The SPEAKER appointed as te~lers Mr. CRAIN and Mr. BuRNES. If it was but a part of a paragraph, which way did the House decide? Mr. RYAN. Letushavetheyeas and nays; thatistheshortestway. If the paragraph is to be taken as an entirety, shall the majority of the Mr. JOHNSTON, of Indiana. I demand the yeas and nays. [Cries items control in determining what the action of the House is? How of" No!"] Very well; I will withdraw it. · to te th ? Wh t · h h · h Mr. WILKINS. .I renew the demand for the yeas and nays. are you gomg separa em· · a 18 t e use, w at 18 t e sense, The yeas and nays were refuseri 17 only voting in the affirmative. what is the reason in dividing the items and in calling for a separate "' vote by yeas and nays in the House? What was the motive which act- . Mr. CRAIN. I withdraw the point of no quorum. uated the other gentleman from Indiana [Mr. BROWNE] in demanding . So the report was adopted. . . a separate vote upon his proposition to recommit this bill with instruc- Mr. B_DRNES moved.to recons1der t~e vote by wJ::Ich the r~port was tions to 'the Committee on Appropriations to strike out this item, if it adopted, and also moved that the motwn to recon81der be la1d on the was carried along by the action of the House in deciding upon the other ta~~· Iatte ti d t items in that parnocrraph? e · r mo on was agree o. There is no reason, there is no justice in the distinction which the SUl\l)RY CIVIL DILL. gentleman from Missouri [Mr. BURNES] and the gentleman from Mary- Mr. RANDALL. I submit the report of the committee of confer- land [Mr. McCoMAS] draw in regard to this item. It is not so inti- ence on the sundry civil bill. Before it is read I ask, by unanimous mately blended with the other items in the paragraph that it is neces- consent the session of the House be extended until this report is dis· sarily involved in the action of the House on those items, because I posed of, if it shall be found necessary to do so. · repeat if it were there would be no sense and no utility in calling for :Mr. BROWNE, of Indiana. On condition it shall not be extended a separate vote upon the items. · beyond 10 o'clock to-night. [Here the hammer fell.] Mr. RANDALL. I do not suppose it will go beyond 5 o'clock, and Mr. BURNES. Mr. s"peaker, I have but one word to say in repiy only make the prop9.sition out of abnndant cautj.on. to my friend from Texas [Mr. CRAIN]; and that is in regard to the de- The SPEAKER. It will take some time to read the report, as it is cision o~ the Speaker in a former Congress which the gentleman has long. . read to the House. In that case the question was with regard to a Mr. E,AND.A.LL. Say not to extend beyond 6 o'clock, then. paragraph to which both Houses had agreed. That is not this case. The SPEAKER. Is there objection? I now dem..wd the previous question. Mr. BRECKINRIDGE, of Arkansas. Before ~enting to it I will Mr. CANNON. I ask the gentlem;m-to yield to me. ask the gentleman from Pennsylvania a question about the report. I Mr. BURNES. I withdraw the demand for the previous question, ask whether the salaries for the !fissi.ssippi River Commission and the and yield to the gentleman. · continuation of surveys-- l\1r. CANNON addressed the House. [.See Appendix.] A MEM:BER. And the Missouri 1\fr. BURNES. I yield two minutes to the gentleman from Arkansas l\1r. BRECK.INRIDGE, of Arkansas. And the Missouri River Com· [Mr. BRECKINRIDGE]. · mission-whether those provisions ar~ included? . Mr. BRECKINRIDGE, of Arkansas. 1\Ir. Speaker, there is pre- Mr. RANDALL. The Senate receded from both of those amend· sented here no question of a. personal character between the House and ments. ' 1886. CONGRESSIONAL RECORD- HOUSE. 7939

!!fr. BRECKINRIDGE, of Arkansas. to ask the Senate did (Sec. 3. That ULe holder of any United States trade-dollars, during t.he period afore- I wish if 1 ~:- th dm ts nld b ~ +-~ satd, on presentation of the same at the ojftce of the Treas-urer or any assistant trea.J- nQ t proceed upon the und ers tanlilllg ese amen en co e auOptJCU ' urer of tiLe United States, 1nay receive in euhange therefor a like amount cmd vaLue. in the river and harbor bill, which we found could not be done. dollar for dollar, in standard 8ilver dollars or in subsidiary coins (at the option of Mr. RANDALL. I do not recollect any condition about it. the holder) of the United States.] U BRECKINRIDGE 0 f A -k I talk' bo t" .:~ [Sec. 4. That the trade-dollars received by, paid to, or depos-ited with t7te TreasUTer r. ' .n.J. ansas. am nng a u Ull"Uer- or any assi8tant treasurpr or national depositary of. ·the United States shall not be standing,'' not ''condition.'' paid out or in any other manner issued., but, at the expense of the United States, llhall 1tfr. RANDALL. In abundance of caution the conferees, if I re- be transmitted to the coinage 1nint8 and trecoined inu• standard silvcJr dollar.!.] member aright, sent these amendments to fhe conferees on i)le river [Sec. 5. That aU laws and parts ut laws authorizing the coinage and issuance of "1 United States trade-dollars are hereby repealed.l and harbor bill. I so understood. I did not do it myself. Passed the Senate with amendments July 30, l.BS6. The SPEAKER. Does the gentleman object? Attest: Mr. B'RECK.lNRIDGE, of A:rkansas. I do object. ANSON G. McCOOK, SecretaTJJ. ~Ir. RANDALL. Then the gentleman takes the responsibility. The committee of conference <>n the disagreeing votes of the two Houses on Mr. BRECKINRIDGE, of Arkan...c;as. I am perfectly. willing to take the amendments of the Senate te the joint resolution (H. Re.'l. 126) directing pay- the responsibility. I am glad always to take that kind 'Of responsi- ment of the surplus in ihe Treasury on the public debt, hs.ving met, after full and free conference have agreed to recommend and do recommend to their re- bility. · spective Houses as follows: Mr. JOHNSTON, of Indiana. 111r. Speaker, I ask unanimous con- A.mendmentNo.1: ThattheHousereceaefromitsdisagrcementtotheamend- sent that members who have reports to make from committees be per- :ef~t~~~:e i':!i~t: r~rs~~t~~~~d!~~tftr~!oot~te ::em;:~~i~, ~~e~kl!~~.'fl:::-l mitted to file them with the Clerk for to-day. insert in lieu thereof the words "Sem-etar!t" of the Treasury;" in lice 9 strike !!fr. DUNN. I suggest that bad better be made to apply to there- out the words "direct the Secretary of the Treasury to suspend" and insertin " ] lieu thereof the word "postpone; " in line 12 strike out the word "suspension" mainder of the session. [ Cries of Oh, no; for to-day {)nly1" and insert the word" postponement" in lieu thereof; and the Senate agree to The SPEAKER: Is there objection to the request of the gentleman the same. from Indian[!. ? · Amendment No. 2: That tbe Senate recede from its amendment No. 2. llfr. HATCH. I object. ~~o~~~:A1?ci_INRIDGE, lli. BURROWS. llfr. Speaker, I would like to suggest the propriety FRA.J."'C HISCOCK. of taking a recess at 5 o'clock this evening until 8 o'clock, so as to Managers on the part of the Hoture. complete this bill; and I ask unanimous consent, for the purpose of W. B. ALLISON, testing the sense of the House, that a .recess be taken from 5 to 8 for f· ~': B~~~cH, that purpose. Managers on the pa1·t of ih:J Sen are. Mr. RANDALL. I object. . sTATEMENT. 1\fr. HOLMAN. I ask unanimous consent, inasmuch as the reading HousE oF REPRESENTATIVES oF THE UNITED STATES, of the report of the conference committee will convey but slight. in- Washington, D. C., Attgtl.St 3,188G. formation to the House, that the reading be omitted and the statement The undersigned, managers on the part of the House, make the following of the conierr·es be taken up and read. Very few can follow the amend- statement in respect to the cor..ference report on H. P..es.125 d irecting payment of the surplus in the Treasury on the public debt: ments to a bill even with the utmost vigilance in connection with the The Senat~ added two amendments to the resolution. ·The H<>tu;e conferees reports of conference committees usually, while the statement of the haYerecommended that U1e House 1·ecede from its orted to Congress tvilhin ten days after il.s next mee:ing, or immcdio.telll to him for the purpose of reporting that, with a view to having an or- · if Congress shall be in session. . der made tor its printing The Senate conferees have ngr~ed to re_commend that the Se!late t•ecede . from · its amendment numbered 2, whiCh proVlded for the redempt10n of the trade- TREASlJ"RY SURPLUS. dollars. . W. R. MORRISON. Mr. MORRISON. Mr. Speaker, I am instructed by the committee. WM. 0. P. BRECK.Il\"'RIDGE. of conference to submit a report on the disagreeing votes of the two FRANK HISOOCK. Houses on the joint resolution (H. Res. 126) directing the payment of 1\Ir. LITTLE. I ask unanimous consent for leave to print some the surplus in the Treasury on the public debt, and to ask that the origi-• remarks in the REcoRD on that report. nal resolution of the House, together with the amendment of the Sen­ 1tfr. EVANS. I ask the same privilege. ate and the report and statement of the conferees, be printed in the There was no objection. REOORD, to be called up hereafter. Mr. HISCOCK. That includes the printing of the House resolution SUNDRY CIVIL .A.PPROPRI.A.TION BILL. with the Senale amendment? Mr. RANDALL, from the committee of conference, submitted the The SPEA.....lCER. It does,-and..the conference report also. . following report: -The report and resolution with Senate amendmenta are as follows: The committee of conference on the disagreeing votes of the two Houses on certain amendments of the Senate to the bill (H. R-. 9-178) ina.k.ing appropriations [Forty-ninth Congress, first session.-H. Res. 126.] for sundry civil expenses of the Government for the fiscal year ending June 30, IY TliE DOT.:SE OF REPRESE..~ATIYE:?. 1887, and for other purposes~ having met, after ful_l and fre~ conference. have agreed· to recommend and ao recommend to thetr respective Houses as fol- .August 3, 1886.-0rdered t-o be printed as reported by the committee of conference lows: · on the amenil.n:Hln1is of the Senate. 'rhat the Senate recede ft·o1n its amendments numbered 4, 10,11,14, 15,16, 21. 22, Amendments of tho Senate printed in italics; committee of conference recom­ 26, 29, 31, 32, 33, 3!, 35, 37,41, 45,50, 59, 61, 75, 76, 77, 81, 82, 83, 8-!, 87, 89, 93,103,104,105, mend omitting parts inclosed in brackets and inserting pa.rts printed in SMALL 106 107, 110, ll3, ll9, 122, 124, 125, 126, 134, 135, 136,146, H9,150, 154, 159, 161, 162,163, CAPITALS. 164: 174, 176, 178, 182, 183, 18.'1, 188, 193, 199, 200, 201,207, 219, 22~, !!32, 23.3, 234, 235, and .Joint resolution tlirecting payment of the surplus in the Treasury on tho pnl>llc 236 . debt. That the House recede from its disagreement to the amendments of the Sen­ ate numbered 2,3, 8, 9,17,18,19, 20, 24, 27, 28,30, 42, 46. 47,49,51,52,03,54,55, 56.57,58, .Resolved by the Senate and HotL.!e oj Representatives oj tlte United States of A mer­ 60, 62, 64, 65, 66, 67, fJ7, 98,100,101,10'3, ill, 112, 114., 115, 116,118,120, 1.23, 127, 131.133,137, ica in Congress assembled, That wh ne>er the surplus or balance in the Treasury, 140, 141, 142, 148, 151, 152, 153, 160, 165, 166, 167,1~,169, 175,177,180,181,184, 1.89,190, including amouLt held for redemption of United States notes, shall exeee.d the 191, 192, 194, 196, 197, 198, 202, 2!ru, 205,206,208,209,210, 2tl, 214., 215,216,217,226,227, sum of $100,000,000, it sba.ll be, and is hereby made, the duty of the Secretary of 22 , 229, 230,238, and 239, and agree to the same. t.he Treasury to apply such excess, in Rums notless than ten millions :J?er month, Amendment numbered 1: 'l'ha.t the Hou e recede from its disagreement t'J the during the existP.Dce of any such sm-plns or excess, to the payment of the inter· amendment of the Senate num.be1·ed 1, and agree to the same with an amend­ est-bearing indebtedness of the United Sta.!;es payable at the option of the Gov­ mentnsfollows: Inlieuofthesumproposedinsaidamendm.entinsert "$1.0,000;" ernment. The surplus or balance herein referred to shall be the available surplus, and the Senate agree to the same. ascertained aocorcling to the form of statement of the United States Treasurer, of ..Amendment numbered 5: 'l'illtt the House rec.ede from its disagreement to the tho assets and lia.bilities of the Treasury of the United States employed on Jnne amendment of the Senate numbered 5, and agree to the same with an amend­ 30, 1886 ( 1): ProL'i.rled, That no call shall be made under the provisions of this resolu­ ment as follows: In lieu of the sum propo ed in said amendment inset·t " $50,000;" tion until a sum equal to the caU is in the Treasury over and above the reserve hereiu and the Senate agree to the same. · , mtnttioned: .And providedfu1·ther, That the Secretary of the Treasury, in his di.sere­ Amendments numbered 6 and 7: That the House recede from its disagree­ tion, •may have in the Treasury, ot:er and above the foregoing sums, a w.orkin(l bal­ ment to the amendments of the Senate uumhered 6 and 7, and agree 1o the ance not exceeding $20,000,000; and. whenever. in the case of any extraordinary same with an amendment a follows: In lieu of the matter stricken out and in­ emergency not now existing, and when., because thereof, in the opinion of u~e fPrcsi­ serted by said runendments strike out the amended paragraph; and the Senate dentl SRCllETAnY OF 'I'aE Tn&A.SURY, the public interest shaU req-u.ire it, he may, by agree to the same. . · •written order [direct the Secretary of the Treas-w·y to S'tt&pend] l?OSTPO~E the jurthflT Amendment numbered 12: That the House recede from its disagreement to call for the payment of such indebtedness fo1' such period of time as shaU be neces­ the amendment of the Senate numbered 12, and agree to the same with an sary to maintain the public credit ttnimpaired; and that such [susp~n] POST­ amendment as follows: In lieu of the sum proposed in said amendment insert PONEMENT, and the reasons therefor, shall be reported to Congress withi1~ ten days "$15,000; " and the Senate agree to the same. · , after its next '111.eeting, or immediately if Co11{/Tess ahaU be in session. Amendment numbered 23: That the House recede from its disagreement to {2} [Sec. 2. Tho.t for a period of six months after the pallsage hereof, United States the amendment of the Senate numbered 23, and agree to the .same with an trade-dollars, y not defaced, mutila.ted, or stamped, shall be received at their face amendment, as follows: In lien of the sum proposed in said amendment insert value inpaym.ent of aU dues to the United States, and. Bhall not be again paid ottt or " $>()(); " and the Senate agree to the same. in any other m{mner issued.] .Amendment numbered 2-5: That the House recede from its disagreeinent to ------. - -

r, 7940 CONGRESSIONAL RECORD-HOUSE. AUGUST 3,

the amendment of the Senate numbered 25, and agree to the same with an the amendment of the Senate numbered 129, and ~ree to the ·same wi'h an _ amendment, as follows: In lieu of the sum proposed in said amendment insert amendment as follows: In lieu of the sum proposed m said amendment insert I.e "$15,000;" and the Senate agree to the same. • "fa,OOO; " and the Senate agree to the same. Amendment numbered 36: That the House recede from its disagreement to Amendment numbered 130: That the House recede from its disagreement to I' .· the amendment of the Senate numbered 36, and agree to the same with an amend­ the amendment of the Senate numbered 130, and agree to the same with an ment as follows: In lieuofthesumproposedin said amendment insert" 812,000;" amendment a.& follows: In lieu of the sum proposed in said amendment insert ·and the Senate agree to the same. • " $6,000; 11 and the Senate agree to the same. Amendment numbered 38: That the House recede from its disagreement to Amendment numbered 132: That the House recede from its disagreement to the amendment of the Senate numbered 38, and agree to the same with an amend­ the amendment of the Senate numbered 132,and agree to the same with an amend­ ment as follows: In lieu of the su in proposed in said amendment insert" f35,000 ;" ment as follows: In lines 11 and 12 of said amendment strike out the words and the Senate agree to the same. "the elah:nants or," and in'lieu of the sum proposed in said amendment insert Amendment numbered 39: That the House recede from its disagreement to "&5,000; 11 and the Senate agree to the same. · the amendment of the Senate numbered 39, and agree to the same with an Amendment numbered 138: That the House recede from its disagreement to · amendment as follows: In lieu of the sum proposed in said amendment insert the amendment of the Senate numbered 138, and agree to the same with an "$50,000; " and the Senate agree to the same. . amendment as follows: In lieu of the matter proposed to be stricken out in­ Amendment numbered 40: 'l'hat the House recede from its disagreement to sert-the following, namely: "For extending the fourth floor around the whole the amendment of the Senat':l numbered 40, and agree to the same with an building, to extend the wrought-iron gallery, and to provide light, heat, and ven­ amendment as follows: In lieu of the sum proposed in said amendment insert tilation for the new fourth-story rooms to be used for record rooms, $61,000;" and the Senate agree to the same. "~':j~::tdn~~~e~~a:gT~a~~~eHo~~ recede fr~m its disagreement to Amendment numbered 139: That the House recede ft•om its disagreement to the amendment of the Senate numbered 43, and agree to the same with an the amendment of the Senate numbe1·ed 139, and agree to the same with an amendment as follows: In lieu of the sum proposed in said amendment insert amendment as follows: In lieu of the matter proposed to be stricken out insert 1: the following: "In all, $150,000; and the said Pension Office building shall be .. ~~<:~:~~~~!t~!~:~4:~~~!~ tY:: i::!~~ recede from its disagreement to under the control of the Secretary of the Interior and subject to such rules and the amendment of the Senate numbered 44, and agree to the same with an regulations as he may prescribe; " and the Senate agree to the same. amendment as follows: In lieu of the sum proposed in said amendment insert Amendment numbered 143: That the House recede from its disagreement to "$1,200;" and the Senate agree to the same. the amendment of the Senate numbered 143, and agree to the same with an Amendment numbered 48: That the House recede from its disagreement to amendment as· follows: In lieu of the matter proposed insert the following: the amendment of the Senate numbered 48, and agree to the same with an "For introducing the electric light into the entire Senate extension wing of the amendment as follows: Strike· out the amended paragraph; and the Senate Capitol, under the direction of the Architect of the Capitol, $20,000;" and the 1: . agree to the same. Senate agree to the same. Amendment numbered 63: That the House recede from its disagreement to the Amendment numbered 145: That the House recede ft·om its disagreement to amendment of the Senate numhered 63, and agr~ to the same with an amend­ the amendment of the Senate numbered 14.5, and agree to the same with an ment as follows: In lieu of the matter proposed to be inserted by said amend­ amendment as follows: Restore the matter proposed to be stricken out by said ment insert the following: "The Light-House Board is hereby authorized to amendment, and at the end thereof add the following: "Except only so much as place a light-ship off the south end of Ra.m Island Reef, Fisher's Island Sound, may be necessary to pay the actual cost of clerical sen·ices employed. exclu­ Long Island Sound, New York; " and the Senate agree to the same. sively in contested cases, and they shall make report quarterly, under oath, of Amendment numbered 74: That the Senate recede from its disagreement to all expenditures for such clerical services with vouchers therefor;" and the Sen- the amendment of the House to the amendment of the Senate numbered 74, and ate agree to the same. · agree to the same. · Amendment numbered 153: That the House recede from its. disagreement to Amendment numbered 78: That the Honse recede from its amendment to the U1e. amendment of the Senate numbered 1:>3, and agree to the same with an Senate. amendment numbered 78, with an amendment as follows: Strike out of amendment as follows: In lieu of the sum proposed in said amendment insert said Senate amendment the words ''Great Kanawha River, West Virginin;' ' and "$25,000; " and the"Senate agree to the same. the Senate agree to the same. · . Amendment numbered 172: That the House recede from its disagreement to Amendment numbered 79: That the Honse recede from its disagreement to the amendment of the Senate numbered 172, and agt·ee to the same with an the amendment of the Senate numbered 79, and agree to the same with an amendment as follows: In lieu of the sum proposed in said amendment insert amendment as follows: In lieu of the sum proposed insert '' $190,000;" and the ''8500;" and the Senate agree to the same. Senate agree to the same. Amendment numbered 173: That the House recede from its disagreement to Amendment numbered 80: That the House recede from its disagreement to the amendment of the Senate numbered 173, and agree to the same with an the amendment of the Senate numbered 80, and agree to the same with an amendment ns follows : In lieu of the sum proposed in said amendment insert amendment a.'3 follows: In lien of the matter proposed to be stricken out insert "$15,000;" and the Senate agree to the same. the following: "And including traveling expenses of officers and men of thil Amendment numbered 179: That the House recede from its disagreement to Navy on duty; for commutation to officers of the field force while on field duty, the amendment of the Senate numbered 179, and agree to the same with an at a rate to.be fixed by the Secretary of the Treasury not exceeding $2.50 per amendment as follows: In lieu of the matter proposed to be stricken out by said day each ; " and the Senate agree to the same. amendment insert "to be expended by contract or otherwise, as the President Amendment numbered 85: That the House recede from its disagreement to may determine; " and the Sennte agree to the same. the amendment of the Senate numbered 85, and agree to the same with an Amendment numbered 186: That the House recede from its disagreement to amendment as follows: In lieu of the sum proposed insert "$3,000;" and the the amendment of the Senate numbered 186, and ~ree to the same with an Senate agree to the same. amendment as follows: In lieu of the sum proposed msert "$225,000; " and the Amendment numbered 86: That the House r~cede from its disagreement to Senate agree to the same. ' the amendment of the Senate numbered 86, and agree to the same with an Amendment numbered 187: Tllat the House recede from its disag1·eement to amendment as follows: In lieu of' the sum proposed insert "$3,000; " o.nd the the amendment of the Senate numbered 187, and agree to the same with an Senate agree to the same. amendment as follows: In lieu of t-he matter proposed insert the following: Amendment numbered 88: That the Honse recede from its disagreement to "Wharf at Fort Monroe, Virginia: In full for the construction and completion the amendment of the Senate numbered 88, and agree to the same with an of a new wharf, and improvements to the roadway leading thereto, on the Gov­ amendment as follows: In lieu of the sum propo~ed insert" $1,500;" and the ernment reservation at Fortress 1\fonroe, Va.., upon plans to be approved by Senate agree to the same. . the Secretary of War, $100,000, or so much thereof as may 'be necessary for the Amendment numbered 90: Tbat tbe House recede from its disagreement to purpose; " and the Senate agree to the same. the amendment of the Senate numbered 90, and agree to the same with an Amendment numbered 195: That the House recede from its disagreement to amendment as follows: In lieu of the sum proposed insert" tH,OOO ;" and the the amendment of the Senate numbered 195, and agree to the same with an Senate agree to the same. amendment as follows: Iu lieu of the matter proposed by said amendment in­ Amendment numbered 91: That the Honse recede from its disagreement to sert the following: "And in reducing the force the enlisted men at Fort 1\lyer, ' the amendmentofthe Senate numbered 91, and agree to the same with an amend­ Virginia, denoted the 'permanent party,' shall first be mustered out: PrCYVided, men\. as follows : In lieu of the sum proposed insert " $2,250 ;." and the Senate That this restriction shall not apply to the pay or commutation or expense o! ' ag~·ee to the same. return from their stations to their homes of any enlisted men in excess of the Amendment numbered 92: That the House recede from its disagreement to four hundred and seventy men, accruing prior to the passage of this act; and II the amendment of the Senate numbered 92, and agree to the same with an amend­ the Senate agree to the same. ment as follows: In lieu of the sum proposed insert" $1,500; " and the Senate Amendment numbered 212: That the House recede from its disagreement to agree to the same. · the-amendment of the Senate num~red 212, and agree to the same with an I! Amendment numbered 94: That the House recede from its disagreement to the amendment as follows: In lieu of the matter proposed insert:" For necessary amendment of the Senate numbered 94, and agree to the same with an amend­ construction and repairs at Southern Branch, Hampton, Va., under estimate in ment as follows: In lieu of the sum proposed insert "$3,000; "and the Senate Appendix Jj,pages 299 and 300, BookofEstimatesfor1887,S57,500;" and t.he Sen­ agree to the same. - . ate agree to the same. Amendment numbered 95: That the House recede from its disagreement to the Amendment numbered 213: That the House recede from its disagreement to amendment of the Senate numbered 95, and agree to the same with an amend­ the amendment of the Senate numbe1·ed 213, and agree to the same with an ment as follows: In lieu of the sum proposed insert " $101,550; " and the Senate amendment as follows: In lieu of the sum proposed insert" 1,631,000;" and the agree to the same. Senate agree t.<> the same. Amendment numbered 96: That the House recede from its disagreement to the Amendment numbered 220: That the House recede from its disagreement to amendment of the Senate numbered 96, and agree to· the samewithan amend­ the amendment of the Senate .numbered 22<>, and agree to the same with an ment as folows: In lieu of the matter proposed to be inserted insert the follow­ amendment as follows: In lieu of the sum proposed in said amendment insert ing: "For furnishing points for State surveys, to be applied as far as practicable "$5,000; "'and the Senate agree to the sa.me. · . in States where points have not been furnished, $8,000; " and the Senate agree to Amendment numbered 221: That the House rece

1886. CONGRESSIONAL RECORD-HOUSE. 7941

The statement is as follows: On amendment 143: Appropriates $20,000 for introducing the electric light into the Senat-e wing of the Capitol building. . . . The managers on the par~ of the House of the conference on the disagreeing On amendment 145: Provides that all fees received by the registers and recei V· votes of the two Houses on certain amendments of the Senate to the bill (H. R. ers in excess of 83 000 per annum shall be covered into the Treasury, except so 94i6) making appropriations for sundry civil expenses of the Government for the much as may be n'ecessary to pay the actual cost of clerical services employed fiscal year 1887, submit the following written statement in explanation of the exclusively in contested cases. · · effect of the action agreed upon and submitted in the accompanying report, On amendments 146,14.8,149, 150, and 151: Appropriates $90,000 for protecting namely: public lands, 20,000 for settlem~nt of claims for &wamp lands and ~w~p-land On amendments numbered 1 to 451 inclusive, touching appropriations for indemnity, $5,000 for reproducmg.pl~ts of surve_rs, $5,000 for furmshm~ tran­ public buildings thefollowingapproprmtions proposed by the Senate are agreed scripts of records and plats, and limits the per diem allowance !or subststence to, namely: For public buildings at Cairo, Til., $1,279.63; El Paso, Tex., $50,000; to special agents to $2.50. . . • Fort Scott; Kans., $12,000; Lexington, Ky., $13,000; Leavenworth, Kans., Si,500; On amendments 152, 153, and 154, touchmg the appropnatwn of $50,000 f~r sur­ Nebraska City, Nebr., $5,000; New Bedford, Mass., 830,000; New Haven, Conn., veying public lands: Limits the use thereof for examination of surveys m the $210; Detroit, Mich., $530.62; Montpelier, Vt., 850,000. field to ~.000. . Appropriations for public buildings proposed by the Senat-e are stricken out On amendment 156: Appropriates $30,000 for surveying public l::mds m Ne- as ~ollows: Carson City, N~v., $17,000;, Jersey City, N.J., paving, $2H; Fort vada. ' •. Smtth, Ark., $21,000; Hanmbal, 1\Io., ;13,000; Keokuk, Iowa, $8,000; Omaha, On amendment 159, touching the Yellowstone Park: Leaves the provision Nebr., paving, &3,017.75; Indianapolis, Ind., paving, $350.52; Saint Louis, Mo., just as it was passed by the House. ~ . . . paving, $t,ffi8.26; Hartford, Conn.,, paving, $892.46; Grand Rapid,s, Mich., _PaV· . On amendment 160: Appropriates $50,000 for the erecbon of a hospital build· ing,$1~24.33; Portland, Oreg., pavtng, 81,500; Atlanta, Ga., $1,323; Desl\Iomes, ing for convict and homicidal in sa~ e. . . . ' Iowa, ;o1U2; Butler building, in Washington, $275,00> . On amendments 161 and 162: Strikes out the provlSlons for expenses of MiS­ .Appropriations for public buildings proposed by the Senate are reduced as souri and Mississippi River Commissions. follows: Buffalo,N. Y., i(),OO>; Chicago\ Ill., $15,00>~ Fort Wayne, Ind.,$5,00>; On amendments l63,1M, and 165: Fixes appropriations for expenses of Deaf Lincoln, Nebr., $!,500; New Orleans (La.J mint building, $8,000; Port Townsend, and Dumb Asylum at $52,500 nnd gives $3,000 for completion of building there­ Wash., $),00>: Saint Paul, Minn., $5,00>; Savannah, Ga .. $50,UOO; Springfield~ for. Ohio,$2,00>; Winona,Minn.,$13,000; Treasury building,$!7,00>; Engraving ana On amendments 166 to 169 inclusive, relating to Freedmen's Hospital: Leaves • Printing Bureau, sewer, tQOO. · provision therefor as passed by the Se~ate. Appropriations contained in the bill a~ it passed the House for public .build· On amendments 172 and 173: Appropriates $50a for books and periodicals for ings are stricken Qut as follows: Brooklyn, N.Y., $165,000: Denver, Colo.,S97,· the Bureau of Labor and 815,000 for education in Alaska. 000; New Orleans marine hospital, S10,000. On amendments 174 and 175: Strikes out provision to purchase addit.ional On Rmendments numbered 46 to 66, inclusive, touching light-houses, bea-cons land for the Carlisle Indian school and appropriates $695.77 to pay the clatm of and fo~-signals, the following action is agreed upon : · an Indian woman of the band of Miamies of Indiana. For the light-house at Mosquito Inlet, ~'lorida, $50,000 is given for the comple­ On amendments 176, 177, and 178: Leaves provision for the Rock Island and tion. Frnnkford arsenal just as passed by the House, and appropriates 830,000 for a The entire provision of the Northwest Seal Rock light station, California, is milling shop at the Springfield arsenal. . stricken out. On amendment 179: Provides that the appropriation for care and repair and New provisions, touching light-houses, proposed by the Senate, are agreed to refurnishing the Executive Mansion shall be expended under direction of the as follows: Dutch Gap Canal, Virginia, additional land, $150; Point Sur, Cali­ President. fornia, 150,000; Castle Hill, Rhode Island, SlO,OOO; Whitehall Narrows, New York, On amendments 180 to 184, inclusive: Appropriates ~57 ,000 for filling and grad­ $200; Gull Rocks, Rhode Island, $10,000; Crabtree Ledge, Maine, $25,000; Deer ing around the Washington Monument, and for filling after December 1 so Island, Massachusetts, $15,000; Lubec Narrows, $401000; Two Harbors, Minnesota, much of the pond north of the monument as may be necessary. SlO 000; North Point, Wisconsin, $15,000; Steam-t-ender, fourth light-house dis­ On n.mendments 186 and 187: Appropriates $..<125,000 for military posts, a,ud $80,· tri~t, $68,300; Light-ship, Grosse Point, Michigan, $3,000; Light-ship, Eel Grass 000 for a wharf at Fortress Monroe. Shoals, $100; Harbor Island Bar, North Carolina, $20,000. • . On amendments 188 to 201, relating to the Signal Service: Leaves the same as New provisions touching light-houses proposed by the Senat-e are stncken was provided.by the House, except tha~ five com~issioned officers may be de· out, as follows: ·· . · tailed from the Army for service therein; that in reducing the enlisted men to San Luis Obispo, Cal., $50,000; Gould Island, Rhode Island, $10,000; Ca1>e four hundred and seventy the reduction shall first be made from the enlisted 11 Meare8, Oregon, $601000; authority is given to transfer a light-ship at the south men of the permanent party" at Fort 11Iyer, and sales of subsistence stores end of Ram's !slana reef in lieu of constructing a new one at a cost of $!0,000. are authorized to officers and enlisted men, and $18,350 is appropriated for a On amendment 67: Ten thousand dollars is given for a steam revenue-vessel submarine cable at Block Island, aud $20,001J for a cable between Cape Henry on the Mississippi. and Cape Charles, Virginia. · On: the 1amendment of the House to the amendment of the Senate No. 74, On amendments 202, 203, n.nd 2();), relating to national-cemeteries and head­ touching the issue of one} two, and five dollar silver certificates for silver cer­ stones: Leaves the same as passed by the Senate. tificates of larger denommations: Leaves the provision as it was proposed by On amendments 206 and 207: Appropriates $2,000 for survey of northern and the House. northwestern lakes, and strikes out provision for surveys in military divisionS On amendments i5; 76, 77. and 78, touching the light-house establishment:· and Departments. · · Leaves the provisions therefor just 118 passed by the House, except that the On amendments 208 and 209: Appropriates 10,000 for Garfield Hospital and amount for lighting rivers is increased to $190,000, and no provision for lighting $10,()()() for examination of claims of certain States.a~d Territories. . . the·Tennessee and Great Kanawha Rivers is made. On amendments 210 and 211: Increases appropr1atwn for Leavenworth mlh­ On amendments numbered 80 to 100, inclusive, touching the Coast and Geo­ tary prison $2,2JO. detic Survey: Leaves the field force as proposed by the Senat-e, and also the of­ On amendments 212 and213: Appropriates $.17,503 for necessary construction fice force with the exception of one disbursing agent at $2,000, who is dispensed and repairs ~t soldiers1 home at Hampton, Va. . ~ .. with. The amount proposed by the Senate for work in tbe.field-is reduced On amendments 214, 21a, 216, and 217: Appropnates S3,500 for repa.umg fifth $24,050, and $8,000 is given foi: furnishing points for State surveys and ~8,000 for story of Department of Jttstice building, $?.5,00'J for penitentiary in Wyoming, continuing physical hydrography of New York Bay and harbor. and $1,500 for tank and tank-house for the Reform School of the District of Co- On n.mendments 106 to 109, inclusive: Appropriates $50,000 for paper for internal- lumbia. • • -revenue stamps, omitting provision for counters; appropriates 25,000 f?r pun­ On amendment-s 219, 220, and 221: Appropriates $30,000 for ex~enses of Ter~I­ ishment for violations of internal-revenue laws, and $1.5,000 for executmg the torial courts in Utah, $1,000 to aid in the more effectual prosecutiOn of cnmes m oleomargarine act. Utah, and S.W,OOO for an industrial home in that Territory. On amendment 110: Provision for selling the old court-house and post-office in On amendment 2"..2: Appropriates $30,000 for the. prosecution of crimes. Philadelphia is restored. On amendment 226~ Provides that no part of the money appropriated by the On amendment Ill: Sixty-four hundred dollars is given for a.dditionru clerical act shall be used in payment of a per diem compensation to any clerk or mar­ force at the subtreasury in New York. . shal for attendance in court except for days wh!!n business is actually transacted On amendments ll2,113, 11, 236,237,238, and 239: Leaves the provtsions touching the control of the Treasury Department shall include the rental or use of any the public printing just as passed by the House, except the provision touching gas-governor gas-purifier, or other device for reducing the expenses of gas, when printing for the scientific bureaus is a~eed to and $95,000 is appropr.ia~d for ~e first approved by tlie Secretary of the Treasury and ordered by him in writing: fifteen days' leave of absence to employes, and St!,OOOto protect the Prmtmg Office Provided, That no sum shall be paid for such rental or use of such gas-governor, building from fire. gas-purifier, or device w:eatet· than the one-half part of the amount of money On amendment 243: Fifteen thousand five hundred dollars to construct an­ actuallysaved thereby." other elevator in the Senate wing of the Capitol is stricken out and a separate On amendments121, 122, and 123: Appropriates $10,000 for fish hatchery at Du­ section is inserted providing tlmt the appropriations contained in the bjJl shall luth, on condition that the city furnish a site th~ref~r free of charge, s~rikes out take effect from aqd after July 31,1886. provision for a salmon hatchery on the Columbia Rtver, and appropriates $27,- The bill as agreed upon app1·opriates in nll $22,657,510.58, being $l,345,9S."i.34 000 for new boilers, &c, for the steamer Albatross. more than as it passed the House, $1,760,854..74less than as it passed the ~enate, On amendments 124 and 1.25: Appropriates $30,000 for compensation in lieu of $10,897,090.01less than the estimates for 1887, and S3,548,236.48less than the law moieties, and $20,000 for revenue steamer in Alaska. for 1886. On amendment 126: Strikes out all provision for theNational Board of Health. SAl\1 J. RANDALL, On amendments 127 to 130, inclusive: Appropriate!! ~l2,000 for completion of iron crane at Mare Island navy-yard, $100,000 for repaumg dry-dock at Brook­ WM. H. FORNEY, lyn navy-yard, and $14.,000 for naval training station at Coasters' Harbor Island, THOS.RYAN, Rhode Island. . Mana:Jei'S on the part of the Ho1u;e, · On amendments 131,132, 133, and 134: Appropriates $.?,000 to complete pr~li!Jli- -nary search in France of records and documents touchmgtbe French spoliatiOn l\IESSAGE FROM TilE SE~ATE. claims, and $56,500 for ina.u~urating the Statue of Liberty Enligh.tening the World and strikes out provtsion to purchase of B. F. Stevens a senes of tran­ A meSsa.ge from the Senate, by Mr. SYliPSOY, one of its clerks, in­ scripts' l'ela.ting to the peace negotiations of 1783. On amendments 135,136 and 137: Strikes out the provision for reconstructing formed the House that the bill (S. 2056) to amend the pension laws by east wing of the Interior Department building and for an elevator in the west increasing the pension of soldiers and sailors who have lost an arm or wing thereof, and proposed reappropriation for electric-light plant in said build- leg in the service1 the 1·eturn of which is requested by the House, had in& amendments 138 and 139: Appropriates $61,000 fo.r constructing a fourth .fi?or betore the receipt of the request been enrolled, sjgned by the presiding in the Pension building with rooms for storage of records; omits the proVISton officers of the two Houses, and delivered to the committee to be pte­ for removino- certain bureaus and offices of the Interior Department to the build­ sented to the President of the United States. ing and pla~ the control of the building under the Secretary of the Interior. 0~ amendment-s 140, l41, and 142: Appropriates $175,000forcontinuing the wmk The message also requested the return of the bill (S. 757) granting on the Capitol terraces. a pension to Helen Plunkett. 7942 CONGRESSIONAL REOORD-HOUSE. AUGUST 3,

INCREASED PE.."'SIONS FOR ONE-ARMED .AND ONE-LEGGED SOLDIERS. Catchings, Hall, Morrill,: Smalls, Clardy, Hammond, Morrison, nyde1· The SPEAKER. A message from the Senate informs the House that Collins, Hanback, 'Mor1·ow, prigg;, the bill S. 2056, the return of which was requested by the Honse, had Compton, Harmer, 1\iurpby, 'teele, been sent to the President before the request was received. The Chair Comstock, Harris, Onte, Stewart, Charles Cox, llayden O'Donnell1 tewart, J. W. now desires to have an Qrder made requesting the President to return Croxton, Haynes, O'Ferrall, tone, W. J., 1\Io. the bill. Cutcheon, _ Henley, Outhwaite, lorm, Davenport, Holmes, Owen, Taylor, E. B. The Clerk read the following resolution: Davidson, A.. 0. Houk, Pay on , Taylor, I. H. Resolved by the House (the Senate ooncur-l'ing), That the President be requested Dayidson, R. ll. M. Howard, Peel, Taylor,J.l\I. to return to theHouseof Representatives the bill of the Senate (S. 2056} to amend Dawson, Irion, Perkins, Thomas, J. R. the pension laws by increasing the pensions of soldiers nnd sailors who haye Dingley, Johnson,F.A. Peters1 Throckmorton, lost an arm or leg in the service. Dorsey, Johnston,J. T. Pettibone, Tillman, Dowdne~·, Jones, J. T. Phelps, Turner, , The resolution was adopted. Dunham, Kelley, Pindar, Van Schnick, Drum, Ketcham, Plumb, Viele, SUNDRY CIVIL APPROPRIATION BILL. Ellsberry, Lawler, Ranney, · Wadsworth, Ely, Long,. Reed,T.B. Wait, ~fr. RANDALL. It will be observed that this bill as now agreed to Ermentrout·, Loutt1t, Re e, Wakefield. in conference is about three and a half millions of money less than the Findlay, Martin, Rice, . W1u-d, J. II. act of last year. I now ask the previous question on agreeing to the Foran, Matson, Robert on, Ward,T.B. Gallinger, McCreary, Rogers, Wellborn, report. Geddes, . ~lcKinley Romeis, White,A.O. The previous question was ordered. Gibson, Eust-ace ~Ierriman, dler, White, Milo Mr. RANDALL moved to reconsider the vote by which the previous Glover, Millard, Sawyer, Winan, Green, R. S. Miller, Scott, Woodburn. question was ordered; and also moved that the motion to reconsider be Grosvenor, Mills, Sessions, Worthington. laid on the table. Hnle1 1\Ioffatt, Singleton, The latter motion was agreed to. So the report was agreed to. The SPEAKER. The question is upon agreeing to the report. During the roll-cull, · Mr. HOLMAN. I greatly regret the unexampled increase of offices The SPEAKER said: TheChairwillstatetogentlemenwhoarepaired bill; but at this late will not on that retard the m this horn I account that they are permitted by the terms of their pairs to vote make a adoption of the report. ro quorum. Mr. RANDALL. Most of them are in the land service. Mr. DARGAN. The gentleman from Georgia, Mr. BLomi', requested Mr. HOLMAN. There is an increase of salaries in this bill to the me to state that he was compelled to len\e the Hall on acconnt of sick­ amount of$14,400. I think it is an unexampled increase. ness. Mr. RANDALL. 1\Iost of the officers increased are under the land 1\Ir. PERKINS. I was not in the Hall when my name was called. clauses of the bill. I request permission to vote. I came.in before the call was completed. Mr. DUNN. Uy colleague from .Arkansas [M:r. BRECKINRIDGE] The SPEAKER. The Chair thinks under the rule the gentleman's made objection to the passage of this bill to-night. In his absence I r~quest can not be entertained. must make the point of no quorum. 1\fr. DUNN. Has a quorum voted? Mr. RANDALL. I communicated wit~ the gentleman and had an The SPEAKER. A quorum has voted. understanding with him on the subject. Mr. RANDALL. I ask that the reading of the names be dispensed Mr. DUNN. I do not know what his objection was. with. Ur. RAN:DALL. It was that the Mississippi Rirer Commission was There was no objection. not proYicled for. I call for the yeas and nays. The following additional pairs were announced: The yeas and nays were ordered. Mr. GEDDES with 1\Ir. JoHNSTON', of Indiana, until further notice. The question was taken; and there were-y~as 156, nays 23, not vot- ~Ir. ·DAVIDSON, of Alabama, with Mr. SWINB RNE, until further ing 143; as follows: · notice. YEAB-156. 1\Ir. BALLE.XTIN'E with Mr. WAKEFIELD, for the rest of this day. Adams, J. J. Felton, Landes, Sayers, Allen,J.M. Fisher, Lanham, Scranton, ::M:r. CAl\IPBELL, of Ohio, with 111r. KELLEY, for the rest of this day. Atkinson, Fleeger, Lehlbach, Seney, 1\f.r. SNYDER with .Mr. WHITE, for the rest of this day. Baker, Ford, Libbey, Seymour, The result of the vote was then announced as above stated. Barnes, Forney, Lindsley, Shaw, Belmont, Fuller, Little, Skinner, Mr. RANDALL moved to reconsider the vote by which the confer­ Bingham, Funston, Lore, Sowden, ence report was adopted; and also moved that the motion to reconsider Bland, Gay, Loyerinrr, Spooner, be laid on the table. · Bound · Gibson, C. H. Lyman, Springer, Boyle,' Gilfillan, . Mahoney, Stahlnecker, The latter motion was agreed to. Breckiru·i

1886. CONGRESSIONAL -RECORD-SENATE. 7943

Committee of the Whole House on the Private Calendar, ~:md, with the EXECUTIVE COl\IMUNICATION. accompanying report, ordered to be ·printed. The PRESIDENT pro tempore laid before the Senate a communication TAX ON REAL ESTATE AGENTS IN DISTRICT. from the Secretary of the Interior, transmitting, in reply to a resolu­ Mr. CAMPBELL, of Ohio, from the Committee on the District of tion of July 21, 1886, certain information relative to land entr~es ca.n­ Columbia, also reported back with a fuvorable recommendation the bill celed for fraud after investigation by special agents, &c.; wh tch -was (S. 1882) to repeal parts of an act relating to tax on the business of real­ read. estateagentsin theDistrictofColumbia, approvedJune20, 1872; which The PRESIDENT pro tempore. The communication, with the accom~ was referred to the House Calendar, and, with the accompanying report, panying papers, will be laid on the table and be printed, if there be no ordered to be printed. objection. MARY .ANNA EGAN. Mr. PLUMB. I move that it be referred to the Committee on Pub- lic Lands. It will not be necessary now to print it, I think. Mr. CAMPBELL, of Ohio, from the Committee on the District of Mr. EDMUNDS. It had better be printed. Columbia, also reported back with a favorable recommendation the bill Mr. COCKRELL. I should like to have it ptinted. (S. 2037) for the relief of Mary Anna Egan; which was referred to the The PRESIDENT pro tempore. The communication, with the accom• Committee of the Wholb House on the Private Calendar, and, with the panying papers, will be referred to the Committee on Public Lands, and ­ accompanying report, ordered to be printed. printed as a matter of course. HYDROPHOBIA. PETITIONS AND 1\IEMORIALS. Mr. CALDWELL, from the Committee on Commerce, to which was Mr. PLUMB presented a petition of citizens of Salina, Kans., pray~ referred a resolution authorizing the Surgeon-General of the .Army to ing for the passage of certain bills relative to the public lands, Presi­ obtain statistics as . to symptoms, mode of treatme~t, rate of death or dential and Congressional electi-ons, and the disbursement of a part of recovery from hydrophobia and tetanus, reported the same back with the Treasury surplus; which was referred to the Committee on Fi­ amendments; which was referred to the House Calendar, and, with the nance. amendments, ordered to be printed. Mr. MILLER presented a petition of citizens of O~densbnrg, N. Y .• And then (at 5 o'clock and 10 minutes p. m.) the House, in accord­ praying for the passage of certain bills in relation. to the public lands, ance with its previous order, adjourned. Presidential and Congressional elections, and the d1sbnrsementof a part of the Treasury surplus; which was referred to the Committee on PETITIONS, ETC. Finance. - The following petitions and papers were laid on the Clerk's desk, REPORTS OF CO:.UMITTEES. under the rule, and referred as follows: Mr. INGALLS, from the Committee on the District of Colombia, to By Mr. BENNETT: Petition of Marcellus J. Edwards; of Achabald whom was referred the bill (S. 2761) to incorporate the Wirulsor Hot-el Smith, son of John H. Smith, deceased; and of Mart L. Covington, of Company of the District of Columbia, reported it with an amendment. Richmond County, North Carolina, asking that theirwar claims be re­ . Mr. SPOO~R, from the Committee on Ciaims, snbm: tted the 1ollow­ ferred to Court of Claims-:-to the Committee on War Claims. ing report: By :bu. KING: Concurrent resolution of the General Assembly of The Committee on Claims, to whom wa~ referred petition of Alber~ G rn.nt, of Louisiana, relative to the establishment of a navy-yard on the Missis­ 'Vashington, D. C., have carefully considered the same, and, in accordance with sippi River in the :fifth municipal district of the city of New.Orleans­ the resolution of the Senate of February 7, 1884, report as follows: That they have referred the same to the Court of Claims under tho provisions to the Committee on Naval Affairs. of an act entritled "An act to afford assistance and relief to Con.srress and the By Mr. McCOMAS: Petition of Eliza S. Jones and others, for reim­ Executive Departments in the investigation of claims and demands against the bursement under treaty of Ghent for property destroyed by the British Government," approved March 3, 1883. in the war df 1812-to the Committee on Claims. :M:r. SEWELL, from the Committee on Military Affairs, to whom was Also, papers in the case of Christian Shupp, ofWashington County, referred Senate Executive Document No. 52, Forty-ninth Congress, first Maryland,forpaymentofwarclaims-totheCommitteeonWarClaims. session, being a letter from the Secret:a~~ of War, transmitt~ng in com­ By Mr. CHARLES O'NEILL: Papersrelatingtothecase of JohnA. pliance with law an abstractor the militia forces of the Umted States, Wagner for relief-to the Committee on Claims. moved that it be printed; which was agreed to. By 1\Ir. RYAN: Petition of J. W. Scott and others, in favor of the Mr. HAWLEY, from the Committee on Military Affairs, to whom Weaver bill for paying the soldiers the difference in pay betweeJil green­ was referred the bill (S. 1432) for the relief of Alfred Hell berg, reported b::teks and gold-to the Committee on War Claims. it with amendments, and submitted a report thereon. The following petition, asking for the passage of House bill 7887, Mr. COCKRELL. I desire to say that that is by no means a unan­ repE'.aling timber-culture, pre-emption, and desert-land acts; of House imous report, and I shall ask leave hereafter to submit a minority re- bill 7021, for adjustment of railroad and other land grants; of bill for­ port. . . feiting all railroad land grants the conditions of which have not been Mr. CONGER from the Committee on Commerce, to whom was re­ strictly complied with; of House bill organizing the Territory of Okla­ fened the bill (H. R. 9895) to authorize the construction of a bridge homa; of Senate bill opening a portion of the great Sioux reservation across the Tradewater River by the Ohio Valley Railway Company, re­ to settlement; ofbillprohibiting aliens from holding land in the United ported it without amendment, and asked for its present consideration. States; of bill m_aking Presidential and Congressional election days Mr. EDMUNDS. Let the bill be placed on the Calendar. holidays, and puni_shing bribery; and of bill directing disbursement of Mr. BECK. I should like to nsk the Senator from Vermont just to at least $200,000,000 Treasury surplus, and substituting Treasury notes a.llow me to explain it. . for bank notes retired, was referred to the Committ-ee on the Public The PRESIDENT pro tempore. Objection is made and the bill will Lands: be placed on the Calendar. By Mr. IDRES: Petition of citizens of Bridgeton, N.J. Mr. EDMUNDS. I will look at it by and by. Mr. ALLISON. Ireportbackfrom the Committee on Appropriations the joint resolution (H. .Res. 213) authorizing the Secretary of the Treas­ ury to pay certain expenses incurred by special agents and experts of SENATE. the Bureau of Labor during the month of July, 1886, and I ask tha\ WEDNESDAY, 4, 188G. it may be immediately considered. ..August 1\Ir. EDMUNDS. Is that just now reported? The Senate met at 11 o clock a. m. l\fr. ALLISON. Just this mov1ent. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Mr. EDMUNDS. Let it be explained subject to objection. The Secretary proceeded to read the Journal of yesterday's proceed­ Mr. ALLISON. The Bureau of Labor has had during the month of ings, when, on motion of Mr: HOAR, and by unanimous consent, the July persons engaged in gathering statistics, &c.! under the law, and further reading was dispensed with. there is no appropriation whereby they can be pa1d. ENROLLED BILLS SIGNED. 1\ir. EDMUNDS. How does that happen? Mr. ALLISON. It happens from the fact tbat there was no appro­ A message from the Honse of Representati•es, by Mr. CLARK, its priation last year for this service. These persons have been on duty Clerk, announced that the Speaker of the House bad signed the fol­ under the legislative appropriation bill during the month of July, but lowing enrolled bills; and they were thereupon signed bythePresident the legislative appropriation bill did not pass until a few days ago. pro lempo;·e: Mr. EDMUNDS. Then it is a mere illustration of the method of A bill (H. R. 947 ) making appropriations for sundry civil expenses appropriating-- of the Government for the fiscal year ending June 30, 1887, and for The PRESIDENT pro tempo1·e. Is there objection tothepresentcon~ other purposes; sideration. of the joint resolution? A bill (H. R. 9726) making appropriations to supply deficiencies in Mr. PLUMB. I object. the appropriations for the fiscal year ending J nne 30, 1886, and for The PRESIDENT pro tempore. Objection being made the joint resO­ prior years, and for other purposes; and lution will be placed on the Calendar. A bill (H. R. 7480) making appropriations for the construction, re­ pair, and preservation of certain public works on rivers and harbors, TESTI1\10NIALS TO ULYSSES S. GRANT. and for other purposes. Mr. SEWELL. I am instructed by the Committee on the Libmry,

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