1874. CONGRESSIONAL RECORD. 2399
HOUSE OF REPRESE.NTATIVES. Mr. MYERS. I wa ca1led to Philadelphia late on Saturday e>en ing, and returned on Stm<.lay night in order to vote for the 400,000,000 TUESDAY, Ma'rch 24, 1874. bill, which was passed yesterday. To my surprise my name is omit ted in the affirmative votes in the morning papers of Wa hington. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Tl;le SPEAKER. 'Vhat has that to do with the business of the ]. G. BUTLER, D. D. Honse! The Journal of yes:fierday was read and approved. Mr. MYERS. I ask the privilege to make a statement. CORRECTION OF THE JOt;JcrAL. The SPEAKER. Is there objection to the gentleman from Penn- Mr. HYDE. I ask the House to proceed with the unfinished busi sylv:ania making a statement T ness. I call up the contested-election ca e from Georgia of Sloan t'B. Mr. MAYNARD. I object. Rawls, which is the unfinished business. 1\fr. MYERS. The Associated Press reporter, Mr. Speaker-- Mr. G. F. HOAR. I rise to correct tho Journal. Themotionimade The SPEAKER. Objection has been made to the gentleman pro yesterday for leave to amend the executive, legislative, and judicial ceeding. When the regular order is calleu it i'3 the duty of the Chair appropriation bill is recorded as having passed by unanimous con to enforce it, and any gentleman who seeks to obtrude himself against sent, when the motion was distinctly made to suspend the rules. the call of the regular order does so against the rules of the Hou e. The SPEAKER. I it a correction of tbeJournalorof theRECORDT Mr. UYERS. I ask unanimous consent to make a statement per :Mr. G. F. HOAR. Of the Journal. The RECORD shows that itwas sonal to myself. a motion to suspend the rules. The SPEAKER. The Chair will again submit the que tion. Ie The SPEAKER. The motion was for tho suspension of the rules, there objection to the gentleman from Pennsylvania making a state- but was agreed to by unanimous consent. ment personal to himself'l .. Mr. NEGLEY. I rise to a question of privilege. I am recorded as Mr. MAYNARD. If the gentleman gets that privilege it would not voti.J;lg on one of the amendments to the 400,000,000 bill yester- give him an hour. day. · Mr. HYDE. I object. Tho SPEAKER. In the RECORD or in the Journal f Mr. MYERS. I shall ask the privilege at another time. :Mr. NEGLEY. In the RECORD. Mr. McNULTA. The Committee on Indian Affairs have instructed The SPEAKER. That is not a question of privilege. · me to ask the unanimous consent of the House-- Mr. CONGER. Yesterday, in announcing the absence of my col- • The SPEAKER. Does.. the gentleman from !Ii souri [Mr. HYDE] league, Mr. BuRROWS, I took occa ion to add "If here he would vote yield to the gentleman from illinois [.Mr MeN ULTA] for this t in tho affirmative." The RECORD says be would vote "no." Mr. HYDE. I do not yield for anything. The SPEAKER. Does the Journal say anythi11g about it¥ The SPEAKER. Then the gentleman should resume the floor ancl Mr. CONGER. The Journal would not record that. h~d~ . The SPEAKER. Gentlemen must not confound errors of the REC :Mr. McNULTA. I ask the gentleman to give me time to make a ORD with errors of the J oumal. A correction of the RECORD is not a brief statement. correction of the Journal at all. The SPEAKER. 'l'he gentleman from Missouri [l\lr. HYDE] askeu Mr. CONGER. I take itjor granted that the print of the RECORD the Chair to recognize him as soon a the Journal was reac.l, for the laid before the House is some authority. purpose of resuming the consideration of the Georgia election case. The SPEAKER. But the gentleman ro e to a correction of the. The Chair did so re~oguize the gentleman, but the gentleman from Journa.l and then propo es to correct what is iu the RECORD. l\lissouri does not seem disposed to go on with it. Mr. CONGER. I took it for granted if the RECORD is wrong we have Mr. HYDE. I do; and call for the regular order. the right to correct it. GEORGIA ELECTION CO~TEST-SLOAN VB. RAWLS. The SPEAKER. . The gentleman has alluded to a bet which would not appear upon the Journal at aJI. . The House resumed the consideration of the following resoln tk ~ Ir. CONGER. Of course not; and so I stated. rc;~ported from the Committee on Elections : The SPEAKER. There ought not to be an impression created there Resolved, That Ron. Morgan Rawls is not entitied to a. seat in this Hous as l'.. Tit! .- ~'3 an error in the Journal, when the Journal has nothing to do with it. resentative from the first congressional district of Georgia in the Forty-third Cu l Mr. CONGER. I said this would not appear on the Journal, and ~'::ozved, That Ron. Andrew Sloan is entitled to a seat in this House as a. R 'jl therefore desire to conect the RECORD. resentative from the first congressional district of Georgia in the Forty-third Con The SPEAKER. The gentleman adrlre. ses the Chair a· having a gress. correction in the Journal. The Chair feels sensitive abont the J our . The SPEAKER. The gentleman from Georgia. [l\lr. BLOUXT] b:l ! nal and about the reputation of the clerks, and points umst not be twenty minutes of his hour remaining. raised on the Journal about matt.ers which do not belong to the Jour Mr. HYDE. I give notice that as soon as the gentleman fr•! nal. Errors of the RECORD and errors of the Globe have never been Georgia ba~ occupied his twenty minutes I shall call the prev·o ·,, held to be a question of privil ge, although the Chair has always rec question. ognized gentlemen to make such corrections. An error of the Journal The SPEAKER. The gentleman from Georgia is entitled to t he> is a question of the highest privilege, anti i one which affects the repu floor for twenty minutes. • tation for business exactne s of the House. !fr. COX. I ask that the Honse may come to order. The House Mr. CONGER. I desired to make the correction bccau e I was seems demoralized to-day. • sensitive about the reputation of other officers of the Honse, to wit, The SPEAKER. The .Chair quite agrees with t.he gentleman. '1 he the reporters. gentleman from Georgia will proceed when the Hou is in order. Ht• The SPEAKER. It is not a question of privilege, bnt the Chair will please resume his seat until that time, which the Chairwill indi of course entertains it. cate. Mr. MAYNARD. What is the regular order of busine s? The House having been brought to order, The SPEAKER. It is the election ca e which the gentleman from Mr. BLOUNT resumed and concluded his remarks begun la t Sat Missouri bas called up. urday. The entire speech is as follows: Mr. DAWES. I wi h to offer a resolution. Mr. Speaker, I deem it proper, before cliscussing directly the testi Mr. RANDALL. I object, unless I have the same privilege. I make mony and the law governing this ca e, to call the attention of the my objection absolute. House to the law of Georl?ia as to the qualifications of voters, and Mr: W. R. ROBERTS. I rise to a question of privilege. . also to the poll-tax which 1s a part of it; also the dispo ition of that The SPEAKER. Does the gentleman rise to a correction of the poll-tax, and what constitutes the educational fun<.l of the State. I Journal1 do this forthereason that I find an impression prevailing in th press Mr. W. R. ROBERTS. I do. I desire to correct the vote on the of the country (which has even gone into the room of the Committee final passage of the $400,000,000 bill. I am recorded as not voting; I on Election ) that the laws of Georgia require each person to pay a voted in favor of tho bHl. I ask that the Jonmal be corrected. poll-tax of ten dollars. I wish to show the liberality of the tate of The SPEAKER. The Journal will be corrected in that regard. Georgia in this direction toward the education of the colored people, in the Associated Press report of the vote upon the $400,000,000 bill and the equity of the provisions under which our elections have been Mr. O'NEIT-L. .Ur. Speaker, some twenty-six names are omitted held. passed ye. terday. " Section 5021 of our code provides tha~ The SPEAKER. That is extending it a little too far. [Laughter.] No poll-tax shaY. be levied except for educational purposes, and such tax shall not Some gentleman will next bo bringing up a county newspaper that exceed one dollar annually on each poll, and shall go to the general school fund. ha~ not tho vot-e correctly recorded. The Chair cannot entertain these questions about the reports of the Associated P1,·ess. Then as to the qualifications of electors, which is in section 5027: Mr. RANDALL. I call for the regular order. Every male person bOJn in the United Stn.tes, and every male person who bas The SPEAKER. The gentleman from Missouri [Mr. HYDE] is upon been naturalized, or who has legally declared his intention to becomo a citizen of t.be :floor to bring up a question of the highest privilege known to the the United States, twenty-one years old or upward, who shall have residcu iu thi. State six months next preceding the election, and shall have re ·ided thil-ty da.\-.· iD House, the right of a gentleman to his seat. t.hc county in which he offers to vote, and shall have paid all taxes which ma.y h::tn· Mr. O'NEILL and Mr. MYERS rose. been required of biro, aml which he may,havc had an opportunity of paying, a2"l·Pe· The SPEAKER. The Honse will come to order. ably to law, for the year preceding the elections, (except as herdnafter proviJed.) The Honse having come to order, shall bo deemed an lector; and every male citizen of the United States, of the a ~e aforesaid, (except as hereinafter provided,) who may be a resident of tbe St"tu r.t The SPEAKER. For what purpose doe~ the gentleman from Penn- the time of t.he adoption of this constitution, shall be deemed a.n elector, and shall sylvania f~I.r. M~'ERS] rise'? , . have all the rights of an elector .as aforesaid .
• 2400 CONGRESSIONAL RECORD. MARCH 24,
Now sir I would here remark that this provision in regard to elect Now, sir, in 1 70, yon :find asingular election law pa~ etl. The act ors had been inserted in every constitution which ha existetl i?- Geor goes on to provide, -very strangely, for an electionof th:r e da.ys; that gia from the orO'anization of the State down to th -present t1me. I the managers shall be appointed by the governor, (who, by the way, reacl also· the provision in our constitution with reference to the has rnn away from our tate;) and it further pTovide , -voters shall educational fund. Section 51:~4 of the code provides as follows: not be challenged. It makes no difference nnderthese statutes 'vbat The poll-tax allowed by this constitution, any educational fnncl nov~,. bel?nging may be the qualifications of a -voter; it make~ no difference whether io this State-except the endowment of and debt _due to the State Umv-cr:sr~-{)r or not he had paid his taxes; It makes no difference what the law that may hereafter be obtained in any wa~' , a speCial tax on shows :mel cxh:ib1tions, is: they are to come in and -vote under this act, and the man who and on the salo of spirituous and malt liquors; which the ~n r~ .As_scm~l:y ~s It hereby authorized to assess, and tho proceeds from the comumtatwn for mil1tia challenges their right does ·it at his peril. pro-vides for the mau service are hereby set apart and devoted to tbo support of common schools. And uer of holding the elections entirely different from what has h 'en if the provision herein made shall at any time provo. insuflicieut, the General done before. It requiTes their -vote shall be polletl at tho connty ite. Assembly shall have power to levy such genAral tax upon the pi'Operty of the State When that law wa pa eel we had other laws allowing elections to as may be neces ary for the support of aiel school system. A:nd there , hall ~e . established, as soon as practicable, ono or mora common schools m each school dis- take place at these precincts. This law declares all laws militat.iug . trict in this State. against that act shall be abol~hed. Gentlemen say this is a 11ecial Section 1272 of the code provides : law. Now, Mr. Speaker, it is a special law in some respect , ana in others it is general. It i'i an act to pro-vide for hold.ing au election, The public-school fund of this State shall be raise(l as follows: All thopoll-ta.x which shall be loviocl and collected iu the State, and all ta.x on it is true, but it is also an act to amend the law of Georgia in rela liquors. and on showsaml exhibition·, dividcntls upon the stock of the Stato in the tion toholding elections. If these p,recinct had not been <1 troyed l3ank of State of Georgia.. Bank of Augusta, and Geor~ia Railroad anrl Banh.'ing Com by the peculiar chal'~cter of this order, then thi law certainly doe it. pany, and such other nieans or moneys a now by hw: belong to the llChool fund, Then, again, you find the order of the ordinary in 1870, which has one-half of tho proceeds of the Western and Atl:mtic Railroad, and such other sums . of money as the Legislature shall from time to time raise, by taxation or otherwise, been already recited. That ordinary, by the by, at the time this 'vas for that purpose, shall constitute a fund which shall be usecl for tho 1:1upport of tho done, was not que tioned as to his fidelity to the repnblican party. public schools of this State, and whenever any of the legal bonds of this tato shall He published a notice to all the citizens to vote in the city. bo purchased by the State or its authority, aml shall be returned to the treasury and canceled or uestroyed, and whenever an.v of the bonus of the State shall bo But, sir, we are told there was a general law in 1871 which repealed paid off-except bonds which are paid out of moneys raised by the salo of new tltis law and revi-ved the e precincts. This makes it 11ec 'ar.v for bonds, or bond exchanged for new bonds-it shall be tho duty of tile goYernor-to me (and I regret I ha-ve not time to recite the e things in detail) to issno the bonds of this State in the samo amonnt as shall ue paid o~ or purchased, give a brief history of the laws of the State of Georgia on the subj •ct or canceled; which said new bonds shall ue payable to the school funtl of this State, and shall be atlded to and constitute a. part of said school fund. of precincts. The first statute we e-ver had upon that subject required that parties Now, sir, it will be observed, in the first place, that the poll-tax is should -vote viva voce at the county seat. In the progress of tim the limited to one dollar. It will be observed, further, that a br~e sum Legislature en~ctod a law here and there, as asked for, establishing of money is appropriated under the constitution and laws of ueorgia country precincts. This became exceedingly obnoxious to th people. for educational purposes. I have read these provisions for the addi They di:cl not like the idea of the Legislature taking charge of such tional pnrpo e merely of showing that the people of our State ha-ve matters as this and legislating upon them. It was abandoned, mHl been disposed to deal justly with the colored people. the power was conferred upon the ordinaries in the -various counties Mr. W .A.LLS. I would like to ask the gentleman a question. of establishing and abolishing and changing election preciil.ct . 'o Mr. BLOUNT. I ha-ve but a short time. This debate is restricted, great was the antipathy to it, sir, that a provision was in erted in tho and I propose to conduct the discussion in my own way, I decline to constitution of the State of Georgia itself to restrain it. I carcely be interrnpted. know, except from the statute-book, that such has been the history Mr. W .ALLS. I simply wish to ask a question. of thislegitllation, the change has been so long established. The SPEAKER pro tempm·e, (Mr. HAWLEY, of Illinois, in thechair.) The Legi'>latnre under these circumstance pa · C(l a law repealing The· gentleman from Georgia declines to yielrl. the law of 1:870, providing for the manner of holdiug elections, bnt Mr. BLOu"NT. Now, sir, I shall come directly to the report of the did not propo e to revi-ve the precincts. I am borne out in this stat - majority in this case. That report declares that, counting ·all the JDent by the annotations of the party who prepared the pamphlet. -votes in the office of the secretary of state, :Mr. Sloan is elected. How It has been the uniform construction of that law, that while it rc- they fell into this error I do not know, but the e-viuence in this case tored the election regulations as understood before, it did no·t revive discloses the contrary to be true. the precincts; for that was a subject which the Legislature did not On page 31 the vote which it appears was not counted by the commit pretend tQ control. tee is that of tho two hundred and. fifty-fourth district, Scriven County. Mr. ELDREDGE. Is that fixed in your constitution f This gives to Mr. Sloan 34, and to Mr. Rawls 6. Counting this vote, Mr. BLOUNT. It was in· the constitution of 1800, not in that of Mr. Rawls has a majority in the office of the secretary of state. I do 1866, a I have already stated. not claim that shall determine this question. l\fr. ELDREDGE. Then they could not be revived! Mr. HYDE. I wish to call the gentleman's attention to the exhibit l\fr. BLOUNT. No, sir. This being the ca e in my own county, as· on page 278 of the record, where, under date of January 9, 1873, it is in two other counties within my knowledge, in exact accordance with shown from the secretary of state's office that Mr. Sloan has a major this construction we have gone on and had the ordinary pas orders ity of the votes in that office. upon this subject. Becan e of his failure to do it a riot occurred in Mr. BLOUNT. The return from this-precinct came in subsequently, om city, the news of which has even reached this Capitol; and since and is certified. to by a different secretary of state. I reply to the that time the OI'dinary bas establishecl the old precincts. gentleman in that way, as the committee seem to regard it of some I take it, then, as unquestionably proved that the e country -votes importance. · were cast in -violation of law. We are not here .to inquire whother Now, the next precincts to which they direct attention are those the ordinary of this county was a republican or a democrat. I was ontside of Savannah, the Isle of Hope, &c. Let us examine the oruer astounded at the way in which the gentleman who had charge of this of the ordinary on this subject. It is < 3 follows: election case threw thi in continually after his beautiful opening Court of ordinary, Chatham Count~, sitting for connty purposes. about. our duty to be guitled in this investigation by the law a.ml the OCTOBER 2'2, 1868. facts, and about our being here for a judicial investigation. It is It beina necessary that election pr cincts should be established in the connty in only because it has already· been introduced that I have alluded to it order to ¥acilitate tho election to be held on the 3d day of November noxt, it is at all. _ therefore or1lered th~t election -precincts be, and they are hereby, established at The gentleman who has charge of this case on the part of the Cherokee Hill, in the eighth militia district, em bracing the whole of said district, at Chapman's boose in the seventh militia district, embracing the whole of said district., mnjority of the committee declared th supervisors were appointee! and on tho Isle of Hope, embracing the whole of the flfth and sixth militia districts. by the district juclge, and this was notice of an election at these pre HENRYS. WETMORE, cincts. Does any one have any notice of iU It i done quietly with Ordina..ry Ohatham County. a few custom-house officers and others. The public know nothing Now, Mr. Speaker, the ordinary in this case haste tifi.eda.s to what a.bout it. It was afterward developed in the investigation of the his purpose was at that time. Then there is no question about hi. case. belonging to tho republican party. Subsequent elections occmred Mr. HYDE. I will ask the gentleman if it was not a public record when be belonged· to the republican party. They have uniformly of the court? · regarded these election precincts as simply established for temporary Mr. BLOUNT. So far as that is concerned, it is not pretencled that pm'J)oses. It may be singular to this House that such a thing was any power -vested in the district jndge to c1·eate election precincts; done, but it is not so with us. We have been accustomed to things not and w~n he appointed them it was sliD ply by reqnest, and he had 1io being done by a general law or by a general order, but done especially force to establish precinct~. It is further proved in the testimony of for the occasion. E-very single witne s-Mr. Shetfall on pages 19, 20, the ordinary in this case that :Mr. Bryant, a strong partisan, a man 21, and 2"2, Mr. Elsinger, Mr. Quinan, Mr. Hart, Mr. Russell, Mr. Watts, w hb had figured prominently in our State politics, on the -very evening l\ir. Stone, and 1'!-Ir. Dickson-all these witnes es, ha-ve testified to this prior to this election, understanding the status of this pr cinct just fact: that elections have never been held except orr this one occasion as it was understood by every witness who has been called upon to in these precincts, and that they were IJ.e-ver regarded as election pre give any opinion on this subject, though the e men had got a district cincts except for one election. judge 1o appoint these supervisors, went into the office of the ordinary Bnt, sir, if there were any doubt on this question, whate.ver may and askeu him to pa s an order opening tho e precin-cts. Aml I chal have governed the consolidated managers in determining whether lenge tb gentleman to show a particle of proof on the pa.rt of any these were valid precincts or not does not govern this House. We witness in the whole of this investi~ation, by the slightest intimation, are here to investigate the law and fact-I! in this case. tha.t he thought thi~ prec:inct alreaay e:risted.
·' ,.,. - -
1874. CONGRESSIONAL RECORD. 2401
Election upon election has been held. that precinct there is no contradiction as to the testimony. It is Sir, we arenotresponsibleforthese laws. Theywere passed bythe simply a question as to its existence. It was established under an old gentleman's own party, and if in their attempt to make their way law and under an old system. _ I do not suppose that a single voter to success they have ma~e some blunders, let them not charge them in the county recollected the existence of the law; and no one knew upon others. of it until it was hunted up for the purposes of the election in this / Mr. SMITH, of New York. Will the gentleman allow me to ask him congressional district. Long since, in 1821, the county seat was a question f · brought to that place, and tmder the general law of the ~tate it be Mr. BLOUNT. Yes, sir. came a voting precinct by becoming the county seat, and the point Mr. SMITH, of New York. The gentleman has spoken several to whlch the returns were all to be brought to be consolidated. The times over about these numerous elections held from 1868 to 1872. court-house, in 1870, was removed to Saint Mary's; and I contend Were not all these elections, except that of 1870, held under military that that removal carried with it the election precinct. Prior to that orders T time it was, under the old law of 1821, an election precinct. That Mr. BLOUNT. No, sir. law, differing from the general law, required four managers of elec Mr. SMITH, of New York. I am informed they were; and fur tion, and required them to ·carry their returns to the county site. ther-- When Jeffersonton became the county seat, it was under the old law Mr. BLOUNT. I decline to yield further. The gentleman has been a voting precinct, but under the general law on the subject that informed of a good deal for which there is no foundation, that has statute became obsolete. been injected by briefs and private partisan statements, that are But, sir, there was an order, to whlch it may be proper to refer, in. prejudicial, and designed to be prejudicial, to the sitting member. 180 , abolishlng that precinct, though the county site was then at So far, then, a.s these precincts are concerned there was not, until thls that place. That was clearly in violation of the law; that is to say, election, a man, woman, or child in Chatham County who ever of the general law. It could not be done. But if that precinct had dreamed that they existed. But if this House shall see :fit to determine any character by reason of the law of 1821, the ordinary havingjust otherwise, we can bear it. the same power as is claimed tmder that act, and having paased an A great deal has been thrown in here as to intimidation. I pro order abolishing it, to that extent that order was valid. pose to refer to that after awhile, and see what that amounts to. Sir, this question ha.s been before the L egislature of Georgia in a The next precinct to which the committee direct their attention is contested-election case, and the committee to whom the matter was the Lawtonville precinct. referred made a report declaring that J effersonton was not an elec 1\1r. ELDREDGE. Will the gentleman state the effect of leaving tion precinct, and calling attention to the fact that in that very same out the precinct of which he has just beeu speakingY militia district there was another election precinct established by the J\.!r. BLOUNT. That precinct, as appears by the evidence, gives ordinary and observed by the people, and the law expressly limited Mr. Sloan between 1,200 and 1,300 votes. And just here, Mr. Speaker, the number of precincts to one in each militia district. I propo e to .show in what connection and for what purpose that Mr. 81\ITTH, of New York. Thelawest~lishedSaintMary'saswell election was held. I have read the law upon the sllbject of qualifi as Jeffersonton as the county seat. - cation of voters. It was a habit, and on this very occasion the rec Mr. BLOUNT. Let that be trne; if it established this precinct, ord discloses it, that various parties went there with tax-receipts in and if it is in force by virtue of that act, the law which gave the ordi their hands that were not the receipts of the tax-receivers, but were nary power to abolish election precincts empowered him, under the the receipts of custom-house officers not recognized by law. This order of 1868, to abolish this or any other precinct. was done also at the October elections. Now, sir, this being true, I take it that if we are engaged in a Sir, whatever you may think about it, there is a large number of judicial investigation, if we are sitting here as a court, there will be the colored people of Georgia who do not care much about voting. no difficulty in any legal mind in disposing of the matter so far as this That is the truth, whether it is believed here or not. If a tax of one precinct is concerned. . dollar is required as a preliminary to voting, many will forego the The gentleman from Missouri [Mr. HYDE] saw :fit to say in regard election altogether. Partisan leaders, knowing this, concluded it to this matter that he did not care about it at all, that the house of much cheaper to take buggies and go out to these so-called precincts representatives of the State of Georgia was largely democratic, and and poll their votes where they could not be interrupted because the he did not intend to have their action regarded as authority. I tax~ had not been paid, where no one has notice of an election, and think that the old maxim, "that people who live in glass. houses where circumstances indicate that the illegal votes will not be chal should not throw stones," will apply here. The Georgia Legislature lenged. A great many votes are polled in that way. has seated a negro cpntestant, a republican, though that party wa-s Now it may be asked why it was that testimony was not produced in the minority. That is more than has been done by this House, even here as to these facts. If we could have seen before we reached here giving aJl the meaning in a partisan sense you please to their action. what we see now, testimony would have been taken; but so :firm was The gentleman also spoke of the great liberality of the majority of the conviction, so undisputed is the truth that these precincts did the committee in their report in this case; he said they were so lib not exist, that the contestee Telied upon proof of that fact, and has eral that we could make no complaint. Well, si.J:, I could have come here to this House relying upon it. appreciated that liberality a little more, and I would not say a word The next precinct to which I shall refer is the Lawtonville pre further in this discussion, if it were not for what the gentleman cinct. There 189 votes were cast for Sloan and 113 for Rawls. The proceeded to say right afterward. I quote from his speech, as follows : fact there, as detailed by the evidence, was that while the election Mr. Speaker, as my time has about expired, I will, in conclusion, only call the was pending and after the voting had been conducted for awhlle, attention of the House to the recapitulation of the vote on pages 12 and 13 of the two of the managers went out, by agreement with the supervisor, majority report as printed. It will there be seen that, counting the votes actually on file in the o.ffice of the secretary of state, and to which h e has certified, Mr. ·and when they returned found one of the supervisors and one of Sloan had a majority of 12 votes. But adding the votes of the other precincts, the managers with the votes out of the ballot-box and upon the flour which I think I have clearly shown Mr. Sloan IS entitled to, he has a maJority of mixed with ballots not cast. And right here arises a question of 136 votes. I say that the committee has been liberal to Mr. Rawls; they have notre conflict of testimony. The rule that would be regarded in a court of j ected at least 700 or 800 >otes which, if you were to give a. strict construction to the law, they wonld be required to reject from his vote; anrl. I say candidly I should justice, and that ought to be regarded here, I think, clearly deter vote to reject them if it were necessary to the decision of this ca e. I believe that mines a.crainst the committee in their action in regard to this pre this majority of only 1:16 for Mr. Sloan has been reduced to that number by count cinct. They insist upon counting the vote of that precinct. What ing several hundred votes for the sitting member, which, according to the law and are the facts? The supervisor, Dr. Young, who was the only wit a{)cording to a. fair construction of the rules of evidence, be is not entitled to, and would not receive if this question wa,s to be tried in any court of justice. But as it ness who testified upon that side, stated that those managers went was not necessary, as it made no dift'erence in the result, as Mr. Sloan is elected out with the purpose of not returning, and that he and the remaining even if you count all those votes, in order to avoid the possibility of complaint on manager were so anxious that what was right in the case should be tbe pa.rtof the sitting member and of his friends, the committee liave counted them done that they went forward in counting the votes. He goes on fur all, and yet Mr. Sloan is elected by a majority of 136 votes. ther to say that in the counting of the votes one of these managers I cannot appreciate such liberality. was in the habit of callin~ out " 'Vheeler and 'Vilson," &c., and Mr. Speaker, I am aware that these election cases excite but little making a farce of it. You rind afterward this same man going about interest generally among members of this House. They are very hunting up negroes at their meetings and declaring that it was his fatiguing, and whatever attention and consideration are given to them interest that Sloan should be elected. That is one witness. Now as by members, is given simply as a matter of duty. to these fa-cts the other witnesses are two of the managers, who declare I come now to the county of Bullock, which has so horrified the positively and in terms that every word of what Dr. Young testified gentleman making this majority report. The testimony in this case is untrue. Now, sir, they are unimpeached; they exceed in number; discloses the fact that while the people have manifested little knowl they had no personal interest in the matter. How is this House to edge of the importance of observing the regulations in the conduct of determine upon this matter T Here is one witness to two witnesses; the this election, there is a chain of evidence in this case rebutting every one witness is interested; the other two witnesses are disinterested; presumption of fraud. the one has been subsequently appointed to office. Now, si.J:, I ask 1-!r. Speaker, I come to the issues in regard to Bullock County ; and gentlemen of the majority of the committee upon what principle in in dealing with _them, I sh~ll follow the m~t~od adopted by the gentle j udicial investigation, upon these facts, they can accept the testimony man who sublllltted the VIews of the maJonty. He called attention of Dr. Young as the truth in determining the resulU to the following as a principle of law governing this case: I would ask the Chair how much time I have leftY When tho result in any:erecinct bas been shown to be so taintecl with fraud tha.t The SPEAKER. The gentleman has thirty mi\}ntes. tbe truth cannot be deduCible therefrom, then it should never be permitt~d to form a part of the canvass. Tho precedents as well as the evident requirements of truth Mr. BLOUNT. Then I must hurry on very rapidly; and I come not only sanction, but call for the rejection of the entire poll, when stamped with the next to the Jeffersonton precinct, in Camel en County. In reference to characteristics here shOW1;J.. 151 2402 CONGRESSIONAL RECORD. ~f.ARCH 24,
The majority of the committee cite quite a number of authorities tho leaving it for an hour after dusk at tho voting place unguarded and exposed, and finally the evidence that the box bad been open eli and an indefinite nuru her of \ ote'i in support of this principle. I desire to refer the ~ouse to me~ely cl1anged or ahstraci ed, disclosed to t he judges themselves- all compelled to the cor.. one of these, because the time I have docs not permrt me to revww viction that "the truth cannot be deduced from this return," and it is accordingly tho whole of them. In regard to the case of Washburn '1:8 . Voorhees, reJected. I read from the Digest of Election Cases from 1865 to 1871, as fol :But the r ejection of a return docs not necessarily :leave the votes actually cast. at a precinct uncounted, It only declare that the return having been shown to be lows : false shall not be taken as true, and the parties are thrown back upon such other The offici~lretnrn from this t.ownship was (page 7) ~or Mr. Voorhees, 498; forM;-. evidence as is in their power to show how many voted and for whom so th.nt the Washburn, 143. The allegation of the contestant 18, that t.he ballot-box at th1s entire vow, if sufficient means bo taken and the means are at hand, may be shown precinct had been tamperea with, so that the return does no-t sta.te the true poll, and not a single one bo lost, notwithstanding the falsity of the return. and tbat the whole proceeding was " so tainted with fraud that the truth cannot be decluced therefrom·" and he accord.ingly demands, in accordance with the rule Now, sir, I will read, in addition to this, section 1362 of the code of alrea-dy stated, that the return be set asid~. Th~ eviden~e offered i;n support of Georgia; which is to this effect : this allegation will be found on pages 8-49, mclus1ve, and JS of two kinds: first to Election not void by reason of formal defects.-No election shall bo 1874. CONGRESSiONAL -RECORD. 2403 Q. Wa-s the election at your prec~ctcondncted under tJ:le nsrutl mode of c~mdnct Now, it is well, in the discussion of :1 question, to know what there ing elections~ Was the crowd qmet and every man entitled to vote perm.1tted to is in controversy between the parties. I have heard no objection do so~ .A.. It was conducted in the usual manner; the crowd was quiet, and every man raised-certainly there was none in the committee u.nd I have heard permitted to vote who was entitled to do so; all the votes for t.:ongress were for Mr. none on this floor-to these 1,241 votes on the ground that they were ~~ : not legal votes. It llas not been asserted, so far as I know, that an:v I ask attention now to the testimony of Mr. Beasley: pers~n _cast~g any of these vot~s had not the legal right to vote. · Question. Where yon manager at an election in this conn ty for presidential elect But It IS clauned that the counting of these votes rests entirely upon ors and member of the Forty-third Congress, on the 5th of Nove.'Ilber last; and, if the question whether or not these three precincts were legal precincts. so, at what precinct·l It is urged in behalf of the sitting member that they were not legal Answer. I was, at the forty-eighth militia district. Q. Who were your fellow-manager~ at that election ? precincts, and for what reason f :First, that the precincts were estab .A. John R. Miller and Matthew M1ller. lished to exist ·only at a particular election. It is not in controversy Q. Was a return of that election made up ~ here that they were legally established. They were established in A. !twas. 1868 and by legal action. But it is said they were born to live only Q. State what was done with that return 1 . A. It was brought to the court-house by me; the return lists and ballots were a day; that they expired at the end of that election. brought together; this was done on the evening of the election; it was delivered Now, :hfr. Speaker, it seems to me that if there is anything in all to the ordinary, Mr. Sorrier, and by him put into the court-house ballot-box. the world, pertaining to elections, about which there should be cer Then follows his cross-examination: ta.jnty, it is the time and place at which elections are to be held. Q. Were the managers at the court-house present when you ga:ve your returns These precincts were legally established; and unless there are some to Mr. Sortied certain, definite words in the order estu.blishing them, by which they A. I walked in with the returns, and fonnd Mr. Sorrier in the court-house near were to cease to exist with the election of November 3, 1868, it must the ballot-box a.nd handed them to him. If my mind serves me right they were follow that they continue to exist. counting out and the managers present. I do not recollect who the managers were. Mr.FORT. I desire to ask the gentleman whether the orderestab John Green testifies that he was one of the managers at the forty lishing those election precincts was not a special order, confined to fifth militja district, and that he brought in the returns. I pass on the election of a certain day of a certain year, and whether those over the testimony of others in relation to the same district, all to precincts were ever used for election purposes after that year until the effect that the election was conducted fairly and that proper returns this election, at which the sitting member and contestant were voted were made to the county seat. Then I come to the testimony of Mr. for'f Proctor, who tells you that the ballots were deposited after the count Mr. PIKE. The majority of the committee say that they were not ing of the votes in the ballot~box by the ordinary, and were then established for that particular election only. The order establishing turned over to the clerk of the court. them recites it being necessary that other election precincts should I think it was exceedingly unfair for the committee to have simply be established to facilitate the election upon the 3d of November, reported thu.t the clerk of the superior court testified that nothing therefore certain precincts are established. Now, if you go throurrh the outside of the ballot-box was deposited in his office, when they had orders establishing election preciuets in Georgia, (and I have ~xam before them the testimony of various witnesses connected with the ined very many of them-every one that has come to my knowledge,) election that the ballots, the tally-sheets, and all the papers properly I venture to say that in every one of those orders will be found a belonging to an election, were deposited jn the ballot-box, and the recitation somewhat like the one in this case; yet in not a sin lYle box carried to the office of the clerk, and there deposited. instance in that State has such a recital in the order been regai·ded''as [Here the hammer fell.] limit.ing the establishment of the precincts to the election immedi Mr. HYDE. I now call the previous question. ately following. There is just as much reason to say that one-half :Mr. BLOUNT. I ask the gentleman to allow me five minutes more the election precincts in Georgia ceased to exist at the election fol to submit :1 few remarks in regard to Chatham County. lowing the time when they were established, as to say that such was Mr. SPEER. The Bitting member and the contestant both would the case as to these three precincts. like to be heard for half an hour each. I ask unanimous consent that Mr. HEREFORD. I would like to ask the gentleman-it is only a. time be given them for that purpose. • repetition of _th~ question asked :1 few moments ago by the gentle Mr. HYDE. It was my un Now, it has been urged- it is urged in theminorityreport-thatthe Of fTauds and Of proceedings which are disgraceful to tJ10 locality, and law of 1870 abolishes these precincts. First, it was said that they ~~raceful to our institutions, if not at places like those of all others Y expired by their own limitation; that the seeds of speedy mortality .Nqw,howis it in rega.rd t;o tho e t.hree precincts which theminont y were in them, and they only lived to the mature age of twenty-four seek to exclude~ What is the population in tho e precincts 'I Why, hours. in one there are almost 6,000 inhabitants; in another almo t 5,000, and. Then, again, it was said they were abolished by the law of 1870. in another almost3,000; leaving the city o.f Savannah, with a l)Op 1Vell, now, if they were, then one-half the precincts, or three-quarters ulation of 28,000 or 30,000, as another. of the precincts, in the State of Georgia were also abolished. Then, I say, Mr. Speaker, there was every reason why this order Mr. BLOUNT. \Vas it not in the power of the ordinary, under the should have been made; and there is no reason existing in tho cir law, to establish precincts' cumstances surrounding it from which it could be construed as being 1\fr. PIKE. Of course it was in the power of the ordinary to estab limited to that election. lish precincts. He established these very precincts where this voting I know that the minority called in Mr. Wetmore, the ordinary, who took place. We claim it was in his power; he exercised that power, established these additional precincts, to say that he did not intend it but he did not exercise it by limiting it. He did not say it should to exist except during tliat election. He says that, and he was after only exist for twenty-four hours. It is claimed he might abolish these ward brought in to swear it. My friend, the gentleman from Georgia, precincts by sub equent onler, but we say he diu not until after the [Mr. BLOUNT,] says that Mr. \Vetmore was arepublican when he ilid election, anu then he did. this. l\lr. BLOUNT. But the gentleman does not answer my question. 1\fl:. BLOUNT. It was the gentleman from l\fi ouri [ Ir. HYDE] He assumes they were all abolished by the act. who spoke on the part of the majority who said it. 1\fr. PIKE. I am not assuming any such thing. I say they were 1\h. PIKE. And the gentleman from Georgia aid it too. I do not never abolished until the ordinary abolished them after the election know but he was. He has always been a changeable man. He has of 1872. now got on the other side, and I do not know where he may go next; Mr. BLOUNT. But hear my question. but he may probably join this new school of eclectic politicians. l\Ir. PI KE. Do not ask too many. Now, let us see if he understood that the orders for the e precincts :Mr. BLOUNT. You are drawing the conclusion that this act abol were to expire with that election. If he meant that, why diu he not ishing these precincts leaves the State of Georgia without one-half of say sof Why did he not make it certain f Why did he not put one her voting precincts. single word into his order that would indicate that Why did he l\fr. P I KE. I do not say that. I say if the position of the minority make the order almost precisely like all the orders establishin~ election of the committee in their report, that the law of 1870 abolished these precincts in Georgia1 I think if he had understood it so ne woulu precincts, is correct, then not only these precincts but two-thirds of have said so; and when he did not say that, it i an evidence that he the precincts in the State -of Georgia are abolished. That is what I did not intend it. say. Mr. BROMBERG. Have those precincts ever been used to vote at Mr. BLOUNT. Is it not the province of the ordinary, and was it since 1i368Y not his duty, to establish them f Mr. PIKE. I have been asked that question before, and have an l\Ir. PIKE. There is no need to re-establish them until they are swered it more than once. abolished. We say that they were never abolished. We say the law Mr. BROl\IBERG. How did you answer it f of Georgia of 1870 .... 0 1874. CONGRESSIONAL RECORD. 2405 . ' who went to vote there went there honestly, and we thought that Mr. LAMAR. It is not my purpose to ;make a single remark in the expression of the will of the voters should be given· therefore support of the minority report in this case. .My purpose is simply to we counted the votes cast there as we did the votes in the precincts make an n.ppeal to the gentlemen on the other side of the House to about which I have been talking. ' permit tl1" ittin{T memuer to present the grounds on which he ba~ political party in the city of Savannah ha-<:1 any idea of an attempt to a legal question, to make that decision in accordance with the laws hold an election in those country precincts. It was a-dmitted by the and with the facts. friends of the contestant on the day preceding this election that they The managers of tho court-bouse election were all white and intel did not acknowledge the legal existence of these precincts. Mr: J . E . ligent citizens, ::mel the majority of them officers of the county. They llryant a political friend of the contestant, waited upon the ordma.ry, refused to receive these returns; but fearing th y mi(l'ht be mist;aken Mr. W ~tmore, on the day preceding my election, and re(]_uested him to although they were satisfied in their own convict~ns they called issue an order to open these identical precincts. :Mr. Wetmore swears upon some of the ablest lawyers in the city of Savannah and'submit to this fact. He refused to open them. He stated as the reason for t ed the question to them. There was not a dis enting voice amon(J' his refusal that at an election undertaken to be belc:l there four years all these lawyers as to the illegality of these precincts. But in ad~ preceding riot and bloodshe?- bad ~n~ued, one of t:t;e finest ym;rng men diti~l! to that, I have .consulted ~n able ge_ntlcman, a gentle~an of of the city of Savannah falling a VJctrm. The ordmary waa disgusted posrtwn, to whom I am m hopes this Honse will give credit for honesty at that result, and refused to reopen the precincts. and for ability to judge a. question of this kind. I ask that the Clerk Those precincts were opened in 1868 under w~at I hoi~ ~o be a spe will read his letter. cial election order, for the order refers to a special day, citing the day The Clerk read as follows : and the occasion, the presidential election of that day. You can find UNITED STATES SE.''UTE CHAMBER no other order upon an ordinary's book in the State of Georgia Washington, March 2, i874. DEAn. SIR: Your letter of the 28th ultimo is received. You request me to stato using any such specific language. The orders are broad. It is true "the number of places for votin"' and 'Yhere theya.ro situated in the city of Savan the code of Georgia does not 11rescribe the language in which such nah, and countyofCha.tham, that'tad been recoguizedaml used a. voting places in the orders in relation to precincts shall be framed. Their form is left several elections during several years precedirig tho election bold on the 5th day of with the taate or discretion of the orclinary. The ordinary swears November, 1872." From 1852, when I became a resident of Savannah, to 1862 there was but one 'I"Ot that he used such language as conveyed that idea to the people of ing place in Chatham, and that was at the court-house in Sa.~:mnah. On reflect ion Chatham County for fom· years. He says that order was so construed I havo not been able to remember a single election bold during those ten years at for four years. Three other elections followed-one a gene~·al elec which a precinct was used, or established, in that county. tion in 18i0, for members of Congress, members of the Legislature, The first tiJ?e that _Precin~~ were establisheC!- (except during tho war, when they were opened m certam localities to enable soldiers t.o vote) was in 1868 at the elec and all the county officers of that county. At that election tho peo ti?n for President. These precincts were then established at Ogeech~e, Cherokee ple voted, not in those precincts, but at the court-house in the city of Hill, and the Isle of Hope. Savannah. In 1871 an election was held for governor, to fill the un My recollection is that at no election held after the one for President in 1 68 down to the election in November, 1872, was t.hero a vote polled in Chatham CountY expired term occasioned by the resignation of Rufus B. Bullock. At outside of the city of Savannah. that election the people of that county met at the court-house and I wa.s present and voted at tho cou~t-ho~se in Savanna.h at the election for Repre votec;i no one dreaming of holding an election at those precincts. In sentatives to Congress and other officers m November, 1872, and I did not suppose October, 1872, only one month preceding mye~ection, when there was that votes would be cast in tho county of Chatham on tha.t day at any other poll but lato in the day I heard that the colored people were votin~ 1n the country. i I am afraid that much has been said here that I could not hear, that election; an~ 'Ye had ~stablished in the city of Savannah then a sep mnch influence bas been brought to bear upon members that I could arate and distinct votmg place from the court-house. The election not reach. I have no inflnence with this side of the House ; I have la ted for three da, sat tho c two voting places in the cit.y of Savan sought none outside of a polite and personal conversation as I could nah. That is the reason why tho e precincts were not used in 1 iO. make to request some of them to look into my case, and give me wha.t There was no neces ity for their nse. Provision was made by a spe I am entitled to. When it comes to voting on this question, I know cial statute for the election being held during three days in the city it will be a difficult matter to get republicans to vote for a democrat. of Savannah. I think that for my safety my friends had better be content with a But the ordinary of Chatham County did in 1872, a month after rising vote, for upon this question the republicans will be stronger the election in November, llave an order entered on the records of his in their knees than in their stomachs. If it comes to pulling adem comt abolishing these precincts. What use or necessity was there ocratic vote out of a republican by the yeas and nays, I think it would for the ordinary making such an order in December, 1872, if the pre take a corkscrew to draw it out. cincts had been abolished previous to that time 1 'Vhen he failed to [Here the hammer fell.] find these orders upon the minutes of the court, when he failed to Mr. SLOAN, (the contestant.) The honorable gentleman from Geor find them among the reco~·d.s on :file, he told me that he bad aboli hed gia, [Mr. RA. WLS,] in the beginning of his remarks, said that he would the precincts or had intended to do so. As the court was to meet on come over to this side of the House. He took it for granted, I pre Monday preceding the election which was held on Tue day, I then sume, that his own side of. the House was committed to him, and he a ked him whether he would abolish those precinct . He promi ed would address his remarks to this side alone. I shall endeavor to ad me that he would take no further steps in the matter, that be would dress mine to the entire House, for their consideration and examina not abolish them at that time, and he did not then abolish them ; tion. they existed until December, 1872, one month thereafter. That is the In the first place, the great element of disturbance in this case, to whole history or these precinct returns. those who have any doubt upon it, seems to be the three country pre Let me now illustrate the difficulties under which we labored in cincts in the county of Chatham. I will endeavor to explain the his regard to this election. Tho e difficulties were all on our side. In tory of those precincts, when they were established, for what pmpo e January, 1873, we elected, by co-operation of member of the repub they were establi hed, how long they existed, when they were abol lican party with an independent element of the democratic party, an ished, and how they ·were abolished. ordinary for Chatham County pledged to open precinct in each of It is said that the election held in those precincts in 1872 was a the eight militia di tricts of that county. The Legislature of Georgia, secret and quiet election; that the sitting member here knew noth meeting immediately thereafter, pa ed an act excepting that ordinary ing about it, nor did his friends know anything about it. Now I from the provisions of the general law of the State, and requiring would like to ask members of this House how an election could have that before he could e tablish election precincts he should get the been a secret and quiet election when there were 1,241 persons who consent or recommendation of two concurrent grand juries. voted there' In addition to that, the history of these precinct elec In addition to that, about three days later, the Legislature passed tions was this: Twelve or fifteen days before the election in 1872 I an act establishing for the county of Chatham a board of county com applied to the ordinary of the county of Chatham to ascertain if the missioners, to be appointed by the governor, thus taking all power three precincts known as Cherokee Hill, Chapman's house, and I. le from the ordinary of that county. So that by no po ibility could of Hope, had been abolished by an order from his court. He replied we have election precincts tmle s established by these men, and with that he bad issued an order abolishing them. We examined his rec the recommendation t>f two ucce ive grandjurie . We made appli ord, as he was required by law to put the order upon the minutes of cation subseCJ.uently for the establishment of election precinct in that his court, and found that no such order had been passed. We the:u cotmty, and we were told we could not have them without the recom examined the papers on file in his court ; and no such order or paper mendation of two grand juries. And since the order of 1872 we staml could be found on his files. I then told him that. we would hold elec in the county of Chatham in this position: with 10,312 voters, we tions at those precincts at the coming election; that there were over have but one voting precinct, but one place at which to cast om bal 10,000 voters in the county of Chatham, and that by no possibility lot , and that place managed and controlled entirely by the other conld they all cast their votes at one election precinct in the city of party. Savanna.h, with the election lasting but one day. There is no question in the minds of the people of the first district In addition to that I got certified copies of those orders. The judge of Georgia in regard to the action of the House as to these 1,239 votes. of the district court of the United States was then in the city of There is no charge of illegality in regard to the voters them elves; no Savannah for the pmpose of appointing supervisors under what is fraud is alleged. I furni bed a full list of names to the sitting mem-. known as the enforcement law of the United States. Before any ber, and he has not proven that a single one of the votes cast in those action was taken in the matter I got certified copies of all papers and precincts was illegal. carried them to the judge, ancl asked him if, with thee orders before But the sitting member must not come before this House with an him, he was willing to appoint supervisors for these precincts as legal air of injmed innocence a!ld say that frauds were perpetrated on our ~xisting precincts. He said that be bad no doubt whatever in the side, when we had no opportunity to perpetrate them, when nearly case, and be appointed supervisors on the 1st day of November, four every voting place throughout the length and breadth of the entire dis days before the election. Yet with the appointment of these super trict was managed and controlled by his own party friend . On the visors made public in the public :nrints, being made matters of record other hand, the record shows on behalf of the sitting member such a on the records of the United Stat)s court, it IS charged that the elec state of fraud as would be sufficient, when perpetrated between man tion in these three precincts was a quiet and secret election, gotten and man, to bring the blush of shame to a demon's cheek. If the up by myself and friends for my own political purpose and object. record of these frauds were ~ead here it would strike the House with In point of fact that is entirely untrue. · horror. In the county of Burke there are, by the census of 1870, 3,900 I say that, so far as the charge made in regard to these election pre vote1·s, of whom my opponent's party has about 900. I have evidence cincts being used at that time in a quiet and stealthy manner, it is of the highest authority showing that no more than haJ.f of the e 900 not supported by anything in the record. The name of every voter voted; the evidence to which I refer is his own speech, made before at those precincts was fm·nished to the sitting member by myself. the Election Committee. But although he haq. only 900 voters all Everything was macle up and submitted to the officers of election in told, and although not more than half of those voted, the election Savannah on the night of the election. There were 1,241 people who managers of that county returned for him 1,051 vote.s, moro than he voted there. Yet they make the chargo of stealth against those pre had voters upon a full vote of the county; while they returned for cincts. myself something more than 1,000. Under the laws of Georgia. the The question ma.y be asked, why did not the sitting member receive papers of an election are required to be kept for sixty days, and then votes at tho e places t Th~ democratic supervisor at the Islo of H~e only the ballots, and no other papers, can be destroyed. I served precinct dlcl not act, but went to the city of Savanna.h; the republi notice on the clerk of the superior court to preserve the papers, yet can supervisor did act, and voted. The democratic supervisor at he burneu and destroyed every vestige of the election in that coiiDty, Chapman's house, where Mr. Rawls received 2 votes, did vote and so that when we came to make an investigation no records could be act, and certified to the correctness of the returns ; and the name found. Thus, in a county of that kind, with the political majority on of that democratic upervisor is upon the list. At Cherokee Hill the our side, most atrocious frauds were perpetrated, and were then aemocratic supervisor certified to the correctness of the proceedings sought; to be covered up by casting the papers to the flame , so that ancl the legality of the vote. The republican supervisor voted, but we could not get at them. In one· precinct, where 35 votes were the democratic supeni or did not voto. I say therefore that, so far returned for me and 105 for the sitting member, I produced sixty as the charge of stealth is concerned, it is not true in point of fact witnesses who swore that they cast their votes for moat that precinct. and is not sustained by anything in the testimony. That, I apprehend, is a sample of the election held in that county. Then the question which has been raised by rrentlemen who have There is another county, the county of Bullock, which fi.rrured con argued this case on the opposite side, recurs, why was it that these spicuously in this election. The election was held there on the Gth eJection precincts were not used in the interim from 1868 to 1872 f The of November. They had two mails from that county, one on each answer to that question is simple. The only election for members of Thursday, before the time the governor declared the result of the Congress that was held from 1868 to 1872 was the election held in 1870, election. Although this consolidated return was signed up on the vory which was held under a special election law of the State of Georgia, day the election took place, that is on the 5th of November, 1872, yet passed after the State was authorized to beread.mitted into the Union the testimony of the witue es in the case (and every manager of under the recon truction acts. That act of 1870 provided that elec the election there was a friend of the sitting member) shows that tions should be held in incorporated town and cities. It was a spe some of the returns did not rea~h the court-house until the day ub cial act for that election. It provided for devoting three days to the sequent to the election. .Although they did not rea-ch the court-lwuse 1874. CONGRESSIONAL RECORD. 2409 until the day subsequent to the election, nevertheless they bea-r date on November 26, 1872, to Mr. Rawls, the ·sitting member. The vote the same day tho election took place, that is, on the 5th of November. was as follows: On the 12th of November, 1872, we find by the testimony in the Sloan. R.awls. record that all the election papers and returns pertaining to this elec Official vote...... • ...... 6, 979 8, 319 tion held in this count.y wero down in the city of Savannah, in the Both reports allowed the vote of Bailey's Mills precinct, in Camden County, as follows . _.... _...... -...... 94 17 hands of irresponsible parties, who had no connection with that elec Both allowed to Mr. Sloan an error in returning the vow of Burke tiou, and were then again sent off to the county of Bullock. We find County...... 38 on the morning after thee returns were in the city of Savannah the Both adinitthevoteof the two hundred and fifty-ninth district, Scriven leading democratic paper in that city came out with a statement County...... 4 31 (giving it as an official statement) of the result of the election held Thus the vote at this point of our inquiry is ...... 7,115 8, 367 in that county, that 420 majority was given for :Mr. Rawls, when pre vious to that time his majority had only been estimated at about 400. Here begins the difference of jndgment in the committee. That was published as the official vote the very day aft-er the return The minority seek to deduct the vote of Scotland precinct, Emanuel fir t reached Savannah. They were then sent back to the county of Connty, being 19 for Mr. Sloan and 10 for :Mr. Rawls. The managers Bullock. allowed these votes in their con ·olidated official returns. There cer~ On the 19th of November, 1872, these papers were again found in tainly were informalities; but they were of tho same general char the city of Savannah, and from there mailed to Atlanta. They were acter as tho e in the two hundred and fifty-ninth district, Scriven then fifty miles farther off from the capital than the place where they County, where 4 votes were cast for Mr. Sloan and 31 for Mr. Rawls. started from. When they reached Atlanta, instead of 420 being the These votes, although not admitted by the managers in the consoli mnjority for Mr. Rawls, as was stated in the democratic paper of dated official re+urns, are still allo'\\ed by the entire committee in the Savannah as the official vote, the maJority of the itting member was two reports before us. · increased to 568. They were the last returns sent in, held back, I It is an established rule of law that, in seeking to ascertain the suppo e, in order to make up the amount necessary to give the sitting re ult of ·a popular election, technicalitie.~ shall be disregarded and member his certificate. Now,.l\fr. Speaker, the Committee on Elec the actual facts be sought. The point of inquiry is, for whom did the tions, in their liberality to the sitting member, allowed all these votes legal voters actually cast their ballots T The object of the inquiry to be counted to their full extent against me. They gave him the ben is to give practical and efficient expression to the will of the people as efit of every one of those 568 votes. shown by their votes. Now, Ur. Speaker, there is nothing in this ca e but this one fact, The resulting rule of law is logically and necessarily this: seek and that is that I received a majority of the votes cast. When the and accept the substance and reject the technicality. It would be r esult of the election was determined by the governor, and the cer unfair to follow this rule in the district of Scriven County for the tificate given to the sitting member, he had in the secretary of benefit of Mr. Rawls, and deny it in Emanuel County to the prejudice state's office a majority of 65 votes. But there was an outstanding of 1\Ir. Sloan. The majority report is equally fair to both, and allows precinct in the county of Camden where it is admitted by both sides, to each all t.he votes cast for each in the two precincts. both by the minority as well aaby the majority of the Committee on The minority report seeks to throw out the vote of Jefferson pre Elections, I had a majority of 77 votes. That vote itself, which was cinct, Camden County, being 205for Mr. Sloan. This vote was allowed sent in a few days aft rward, gave me a majority of 12 over the sit by the local managers in their con olidated official return. ting member. But there was a precinct in another county, namely, There may be reasonable doubt as to whether the precinct had not Burke, where I had a majority of 76 votes, tlJe returns of which came been abolished. But the votes were cast at a polling place long in afterward. That still further increa-sed my majority over the sit established by law and well known to all the people. The election ting member. From that majority there was only to be deducted one was conducted by the regular officials. Federal. supervisors, one precinct in Scriven County, where he received, according to the re democrat and one republican, had been duly appointed and attended. turns, 31 votes, and I received 4, giving him a majority of 27 votes. There is no question but that all the votes were actually and fairly Now, sir, giving him the benefit of every vote proved, upon every cast and honestly counted. As our purpose is to get at the facts, we return made; giving him all that he can by any possibility claim, he should do what the managers did in making up their consolidated is still behind, upon these papers, upon all the proof in the case, and return, and allow the vote. upon the record made up here, to the extent of 59 votes. Mr. RA. WLS. Will the gentleman yield to me a moment T There is another thing I would like to say, and that is this: In the 1\h. WOODFORD. Certainly. county of Chatham we could. only have two supervisors under the Mr. RAWLS. If I understand the gentleman correctly, he speaks enforcement act. We were entitled under the laws of Georgia to of J e:fferson as an old and recognized election precinct. Now the tes only one precinct in every militia district, tho State having been timony shows that at the election held one month before the county ruvided into militia districts. In the election of 1872, in the city of board of mana,gers rejected tho return from that precinct, and gave Savannah-whether to violate or evade tlJe law in regard to super notice to the people of the county that it was not a legal precinct. visors or not is more than I can say-four precincts were established Mr. WOODFORD. I said there might be doubt as to the legality in the court-house, when under the law they could have but two of that precinct; but there was no moral doubt as to the votes cast supervisors. Instead of tht} three managers allowed under the law thereat. of Georgia, they had twe,lve managers and two supernumeraries. If the positive Jetter of the law is to be strictly applied to this pre I say that was a violation of the law. They counted out 2"2 vote!:! cinct, then with equal fairness wo must apply the like strict letter more than the poll-lists show were cast. The record is here. 'Vhen and severe judgment to the entire consolidated return from Bullock the gentleman refers to fraud let me a.sk him to go into his own camp County. and to search the acts and records of his own friends. He will find At Jefferson, Camden County, no democratic votes are returned, t enfold more fraud perpetrated by them than is charged by the but the result is given as 205 for Mr. Sloan. honorable gentleman against our side. We had no opportunity to In all Bullock County, with its half-dozen precincts, no republican perpetrate it even if we had de ired to do so. But I will not trouble votes were returned, but the result is given aa 568 for M:r. Rawls. the House longer with remarks upon this matter. I neither intended No candid man, after careful examination, can reasonably deny nor expected to speak here. One thing is sure: whether you consider that votes were actually cast at Jefferson; that the place had long this case upon its merits or upon technicalities, theresultis the same, been a voting precinct; that the regular officers, State and Federal, and that, too, in my favor. I leave it for your consideration and conducted and supervised the election; and that the vote as returned determination. to the county managers, and allowed and consolidated by them, was Mr. S liTH, of New York. Mr. Speaker, how much time have I and is substantially the vote as actually cast. left' Nor do I see how canclid men, after like careful study, can reason The SPE.AKER pro ternpore, (Mr. G. F. HOAR in the chair.) The ably deny that votes were actually cast at the several precincts of present occupant of the chair understood the House to grant half an Bullock County ; that the elections at these precincts were carele ly hour t.o the contestee and half an hour to the contestant, but the conducted; that the requirements of the statutes of Georgia in respect Chair is not informed in regard to the length of time remaining to to the consolidation of precinct returns by the mana~ers of this county the gentleman from New York, [1\Ir. S)ITTH.] were grossly violated; that this violation was eitner from sinaolar Mr. HAZELTON, of Wisconsin. It ha.s already been stated that ignorance or willful fraud; that the signatures to the consolidated there were twenty-five minutes remaining. return are mostly forgeries; and that the principal actor in this pro The SPEAKER pro t(fmpo1'e. Then the gentleman from New York ceeding, a proceeding which if not a muddle of ignorance was a scheme is entitled to twenty-five minutes. of fraud, when put under oath deliberately declined to answer probing lr. SMITH, of New York. I yield fift_een minutes of my time to questions upon .the express ground that his answers might tend to my colleague from New York, [1\h. WOODFORD.} criminate himself. Still the weight of evidence clearly shows that 1\Ir. WOODFORD. Mr. Speaker, in this contested-election case of Mr. Rawls did in fact receive all or nearly all the votes cast in this Sloan vs. Rawls, from the first congres ional district of Georgia, the entire county. Let us go to the verge of intelli~ent faith, even to printed testimony and documentary evidence are very voluminous, that of trustful credulity, and allow to Mr. RawlS the entire vote. consisting of about four hundred and fifteen pages. We also have But while doing this let us not, in the strict letter of the bond, exact before us the briefs and reports, making about sixty-nine additional the "pound of flesh" when we sit in judgment on the vote of J e:fter paaes. And yet the actual points of controversy are but few. son for Mr. Sloan. 1\Ir. Rawls receives thereby an allowance of 568 Both the majority and minority reports take for their starting votes, while Mr. Sloan gets but 205. The voters at Jefferson were poor point the offi cial vote by counties a-s returne The voters of all Bullock County were unauimously conservative, ancl State constitution and choosing a governor, State offict:lrs, and mem we gladly concede that they were presumably as cultured a,s they were bers of tho Legislature. honest, and as honest as they were cultured. Their only ignorance This election la ted for four days, and was conducted under the was of the clear requirement of the statute law and of the somewhat regulations prescribed in a military order by General George G. J:eade, ugly fact, there unkno"m although elsewhere well established, that then commanding that military department. This election, so far as to place upon a public document the counterfeited signatures of absent Chatham County was concerned, was only held in tho city of Sa officials sometimes bears the disagreeable name of possible forgery. vannah; but the length of time (four days) during which voting was Sub tantial justice will probably be done if we admit all these allowed permitted the citizens, whit,e and bl:wk, to como from all returns. Let us fondly hope that when more school-houses shall have parts of tho county, and gave them sufficient time to depo it their beon established among the blacks, and more toleration among the ballots without hinderanco or molestation. Later, and in November whites, t,he colored people of Camden County will learn where to vote, of the same yea,r, the presidential election was held. If I am cor and the whites of Bullock how to consolidate their precinct returns rectly informed, one ballot-box was used for the four city di tricts, without the commission of forgery. . and tills was placed at the court-house in the city of Savannah. Bu.t. Mr. BLOUNT. Is it not true that the precedents all show that by authority of the judicial officer, who is known as the ordinary of where an election is held at an improper place the vote cannot be Chatham County, election precincts were also established at Chero counted; and is it not further true that where there is any error a,s kee Hill, in the eighth militi:1 district, embracing the whole of that to the return or consolidation of the votes you can go behind it and district ; at, Chapman's houoe, in the seventh militia district, embrac ascertain what the vote wast ing the whole of that district; and on the Isle of Hope, embracing Mr. WOODFORD. My friend will bear in mind that I have but the whole of the fifth and sixth militia district . This order was IIL.'l.de fifteen minutes. I have endeavored to examine thiB matter in the under the authorit.y given to the justice by section 1312 of Irwin's light of election l aw~. It is useless for me to go into a det,ailed Revised Code of Georgia. answer to the question which my friend suggests; but I will frankly On October 3, 1870, the Legislature of GeorgitL passed an act provid aa,y that, after having carefully studied the returns of this election, ing for a special election in that Sta~, to continue for three days, I find that the precedents all run in this line: "Exclude the poor freed ·beginning ou the 20th of December, 1870, and ending on the 22d of men from the ballot-box if you can, and count the white conservative that month. Members of Congress to serve during the ·unexpired in if you can." term of the Forty-first Congress, and also certain State and local offi The majority report recommends that we allow ancl count the vote cials, were to be elected. of Lawtonville, in Burke County, which was not consolidated by the That specia,l act provided in its third section that said election local mauagers, with the official returns from that county. This vote should be held at the seveml court-houses at the county seats and at was 189 for Mr. Sloan an Under the a-dmitted authority given by section 1312, Irwin's Re the committee, and if my colleagues of the. minority, or anybody else, vised Code of Georgia, the justice of the inferior court had an a-bso can show that a single vote was cotmted by the majority of that lute right to establish election precincts, not exceeding one in each committee not cast at a, legal precinct, I will a.bandon this ca e. militia district. There were and a,re four militia districts in the Why, sir, this Congress is flooded with cries, as if a baby in a hig country portion of Clmtham County. honse was waked up in the night-time, because, in :1 congressional On October 22, 1 68, Judge Wetmore, the ordinary of Chatham district which has a colored population of seventy-five thousand and County, establi'shed the three precincts at Cherokee Hill, Chapman's odd, and a white population of_ fifty-four thousand and odd, the Louse, and the Isle of Hope. The"e precincts had legal iuception and majority of this committee should propose to count iu a man claim ·reation. The election of 1870 was a special election, under a special ing to represent very largely that colored population, by in isting law. It lasted for three clays, and for the purpose of that election, upon counting Yotes which it is conceded on all sides were actually and for that alone, allowed but one voting precinct at each county cast, and the question upon which is only whether they were cast at u, court-house and in each incorporated city or town. legu.l precinct or not. If it was a general law, and aboli bed all right to have and enjoy Mr. G. F. HOAR. ·wm the gentleman allow me to ask him a ques voting precincts in the several militia districts of the several respect tion¥ ive countie at all future elections, it might with as good reason be :Mr. S'~fiTH, of New York. Certainly. I· claimed that. ; t opened the polls for three days at each and every gen Mr. G; F. HOAR. The House have repeatedly decided that there eral electiuu thereafter to be held in the State of Georgia. Tha,t all may be n.n election officer d-e facto; that where people have cast their sub. equent elections have been held but for one day each is in itself votes in good fa.itb, believing that the officer had a right to proceed to conclusive argument that the law of October 7, 1870, providing for an election, the vote will be counted, although there may be some the election of December, 1870, was pecial; tha.t it was for a, briven illegality in his appointment or qualification. Is not the same thing purpose, and is to be confined in its construction, a it wa confined true of an election precinct f If an election be held at a place believell in its practical enforcement, to the single election of December, 1870. by the people to be a lawful place, and otherwise duly conducted, will The law of 1870 diu not therefore abolish the precincts established the legal vote there not he entitled to be counted, even though the in 186 . These survived for all subsequent elections until they were public belief of the legality of the precinct be erroneous¥ legally abolished in December, 1872, by a formal order then made by 1\ir. Sl\UTH, of New York. As .a lawyer I should be compelled to the same judge who had originally created them. Why did he then, answer tha.t question in the negative. :My friend has had much more after the election in question, abolish them if he did not believe or experience than I have hafl in the investigation of election cases, and fear that up to that time they had legal existence 1 perhaps I am in error. But, at any mte, we are not driven into any The highest privilege of a citizen is that ·of the free but hone.st use such position in this case. of the ballot. The highest dut.y of the citizen in time of peace is to The main question is as to these outside precincts in the county oJ ca-st that ballot, to vote for such canclidates and in aid of such policy Chatham, and the first })Oint made is on the effect of this order of the as he conscientiously believes for the good of his country. or The SPEAKER. The Chair does not see the gentleman from New The question was taken; and there were-yeas 135, nays 74, not York [.Mr. WOODFORD] in his seat . voti?g 81 ; as follows : .Mr. S.JHTH, of New York. I beg pardon; I thought the reference YEAS-Messrs. Albert, Ave1ill, Barber, Barrere, Barry, Begole, Bradley, Buffin. of the gentleman from Pennsylvania [.Mr. SPEER] was to m~self. I ton, Bundy, Burchard, Cannon, Cason, Cessna., Amos Chtrk, Jr. Cla~' ton, Stephen have no objectjon to my colleague [Mr. \VooDFORD] proceeumg. A. Cobb, Con!.!er, Corwin Cotton, Crooke, Crounse, Crutchfield, Danford, DolllJi ns, Donnan, Duell, Eames, Elliott, Farwell, Field, Foster, Freeman, Frye, Garfield, :Mr. ·woODFORD. More deeply than I can well express, I thank Gooch, Gunoke~ Eugene Hale, RobertS. Hale, Harmer, Ben,jamin W. Harris, Har the rrentleman on the other side of the House, the gentleman from rison, Hathorn, John B. Ha.wley, Jo eph R. Hawley, Hays, Gerry W. Hazelton, E. Perursylvania [Mr. SPEER,] for his marked courtesy. But as the Rockwood Hoar, George F. Hoar, Hodges, Hoskins, Houghton, Howe, llnnter, debate has already proceeded to an extent that must weary the Hyde, Kasson, Kelley, Kellogg, Killinger, Lamport, Lansing, Lawson, Lowe, Lynch, 1Iartin, Maynard, McCrary, Al<>xander S. McDill, James W. McDill, MacDougall, patience of the House, I shall not detajn the House any longer. McKee, McNulta, Mellish, Merriam, Montoe, Myers, Negley, O'Neill, Orr, Orth, The SPEAKER. The Clerk will report the resolutions of the com Packard, Packer, Page, Isaac C. Parker, Parsons, Pelham, Pendleton, Phelps, mittee. Pike, James H. Platt, jr., Pru.tt, Purman, Rainey, Ransier, Rapier, Ray, Rice, Ellis H. :Roberts, James W. Robinson, Ross, Rusk, Sawyer, Henry B. Sayler, Scofield, · The Clerk read as follows: Henry J. Scudder, Sener, Sessions, Shanks, Sheats, Sheldon, Sherwood, Smart II. Resolved, That Ron. Morgan Rawls !-s not ~nti:tJ.ed to a s~t !n this llousc t\~ a Boardman Smith, J . .Ambler Smith, John Q. Smith, Snyder, Sprague, Strait., Straw Representative from ihe firSt congressional district of Georgmm the Forty-thiTd bridj:te, Taylor, Thornburn-h, Todd, Townsend, Tremain, Waldron, Walls, Ja per Congress. D. Ward, Wheeler. White1ey, Charles W. Willard, George Willard, Charles G. Wil Resolved That Ron . .Andrew Sloan is entitled to a seat in this Rouse as a. Repre liams, William Williams, James Wilson, Woodford, andWoodworth-135. sentative from the first congressional district of Georgia in the Forty-third Con- NAYS-Messrs. Adams, Archer, .Arthur, .Ashe, Atkins, Barnum, Beck, Bell, Tier gress. · ry, Bland, Blount, Bowen, Bright, Bromberg, Buckner, Caldwell, John B. Clark, jr., Clymer, Comingo, Uook, Cox, Crossland, DeWitt, Durham, Eden, Eldredge, Fort, The SPEAKER. As an amendment to these resolutions, the gen Giddings, Glover, Hancock, Henry R. Harris, John T. Harris, Hatcher, Hereford, tleman from Pennsylvania [Mr. SPEER] offers on behalf of a minorit.y Herndon, Holman, Hunton, Kendall, Kna11p, Lamar, Leach, Magee, Marshall, Mc of the Committee on Elections the resolution which the Clerk will Lean, Milliken, Mitchell, Neal, Niblack, O'Brien, Hosea W. Parker, Perry, Potter, Randall, Read, Robbins, William R. Roberts, James C. Robinson, Milton Sayler, now read. John G. Schumaker, Lazarus D. Shoemaker, Sloss, Southard, Speer, Standeford, The Clerk read as follows : Stone, Storm, Vance, Whitehea-d, Whitehouse, Whitthorne, Willie, Wolfe, Wood, Resolved, That Ron. Morgari Rawls, the sitting member, was duly elected, and and Pierce M. B. Young-74. · is entitled to the seat occupied by him in this Rouse as the Representative from the NOT VOTING- Mes rs . .Albright, Bannin"', Bass, Biery, Brown, Burlei.ah, Bur first district of Georgia in the Forty-third Congress. rows, Benjaniin F. Butler, Roderick R. Butler, Cain, Freeman Clarke, Cfements, Clinton L. Cobb, Coburn, Crean1er, Crittenden, Crocker, Curtis, Darrall, Da•is, The SPEAKER. The first question is on the amendment. Dawe , Dunnell, Ragan , Hamilton, Ravens, John W. Hazelton, Hendee, Hersey, Mr. SPEER. On that quest ion I c:1ll for the yeas and nays. Hooper, Hubbell, Hurlbut, Rynes, Jewett, Lamison, Lawrence, Lewis, Lofland, The yeas and nays were ordered. ' Loughridge, LoWndes, Luttrell, McJunkin, Mills, Moore, Morey, Morrison, N e - mith, Niles, Nunn, P~ps, Pierce, Thomas C. Platt, Poland, Rawls, Richmond, The question was taken; and there were-yeas 77, nays 131, not Isaac W. Scudder, Small, A. Herr Smith, George L. Smith, William A. Smith, voting 82; as follows : Stanard, Starkweather, Stephens, St. John, Stowell, Swann, Sypher, Charles R. YEAS-Messrs. Archer, Arthur, Ashe, Atkins, Banning, Barnum, Beck, Be-l~ Thomas, Christopher Y. Thoma , Tyner, Waddell, Wallace, Marcus L. Ward, Wells, Berry, Bland,. Blount, Bowen, Bri~ht , Bromberg, Buckner, Caldwell, John B. Clark, White, Wilber, John M. S. Williams, William B. Williams, Wilshire, Ephraim K. jr., Clymer, Comingo, Cook, Cox, I..Jrossl!ffid, DeWitt, D?Tham, Eldredge, Fort, Gid Wilson, Jeremiah M. Wilson, and John D. Young-81. dings, Glover, Hancock, Henry R. HarriS, John T.Hams, Hatcher, Hereford, Hern don, Holman, Hunton. Kendall, Knapp, Lamar, Leach, Luttrell, Magee, Marshall, So the resolutions reported by the majority of the committee were McLean, Milliken, Mills, Mitchell, Neal, Nesmith, Niblack, O'Brien, Hosea W. adopted. Parker, Perry, Potter, Randall, Read, Robbins, Willlitm R. Robert , James C. Rob During the roll-call, inson, Milton Sayler, John G. Schumaker, Lazarus D. Shoemaker, Sloss, Southard, Mr. DUNNELL. said : I again announce that upon this question I Speer, Standeford, Stone, Storm, Vance, Whitehead, Whitehouse, Whitthorne, Willie, Ephraim K. Wilson, Wolfe, Wood, and Pierce M. B. Young-77. am paired with the gentleman from Missouri, Mr. ·wELLS. If pre ent N AYS-Messrs.Averill, Barber, Barrere, Barry,Begole, Bradley, Buffinton, Bundy, he would on this vote be in th& negative, and I would be in the affirm Burchard, Ben.iamin F. Butler, Cannon, Cason, Cessna, Amos Clark, ,jr., Clayton, ative. Stephen A. Cobb, Conger, Corwin, Cotton, Crooke, Crounse, Crutchfield, Curtis, Mr. HYDE moved to reconsiderthevotejusttaken; and also moved Danford, Dobbins, Donlla.n, Duell, Eames, Farwell, Field, Foster, Freeman, Frye, Garfield, Gunckel, Eugene Hale, Robert S. Hale, Harmer, Ben,iamin W. Harris, that the motion to reconsider be laid on the table. Han:ison, John B. Hawley, Joseph R. Hawley, Hays, Gerrv W. Hazelton, E. Rock The latter motion was agreed to. wood Hoar, George F. Hoar, Hodges, Hoskins, Houghton, Howe, Hunter, Hurlbut, Mr. SLOA.l.~ then presented himself and took the modified oath Hyde, Kelley, Kellogg, Lamport,_ Laus~$· Lawrenc~, Law so~, Lowe, Lynch, Mar tin Maynard', Alexanaer S. llcD1ll, Mc.J.' I suppose that whenever that regulation is resorted to, the sov ton per mile, or le s, over the New York Central and the New York ereign power resorting to it would have the right to decide arbitrarily and Erie, the road in my State will have to carry them at the same in the particular circumstances what should be the nature of the rate or it will not get the freights. What will be the re ultt It will mea ure adopted. _ carry at that rate, and possibly le s than that rate, and then it will Mr. G. F. HOAR. The gentleman does not understand my point. turn around and grind us at home between the upper and nether mill He is arguing that different railroads in different circumstances may stone. It will put the burden upon our local freights from town to charge different rates for the same ch.ar~c~er of ~·eight carried similar town in the State. It give these low rates to foreigners, to persons distances; and hence he mges that It 1s 1IDposs1ble for us to adopt a who live a thou and miles away from the line of the road, but as re()'nlation which shall be uniform. Now, my question is whether a compensation for it it charges higher rates upon us. There is no re rule of law which should require the railroads in each specific case to dress. We could not have any redress if we tried. charge only a rea onable sum, and which should provide a means of A commission in Vermont would be obliged to say that this national a certaining the sum and enforcing the obligation, would not be uni regulation is of superior right, if it has any right at all, and would be form within the meaning of the Constitution. compelled to allow our railroads to charge a larger rate for short dis Mr. WILLARD, of Vermont. I think it clear that it would not be tances and for local freights, that they might earn enough to pay uniform in the sense intended by the Constitution. The word" uni more than running expenses. They would be obliged, if a commis form" is not used in the Constitution in respect to the regulation of sion were established in my State on the same basis as the one in Illi commerce; aml I have suggested tills as a serious difficulty. and because nois, to Jet the e railroads charge exorbitant local rate in order that it seemed to me to be a strong objection to any congressional inter they might thus compensate themselves for the lo s on through freight ference with this matter, that it is quite impo sible for Congress from distant points. to adopt any rule that will apply to any two railroads alike. A Now, Mr. Speaker, I will consider how this regulation of rates of reasonable rate cannot be a uniform rate, unless it is the same rate freight will interfere with the constitutional prohibition against pre for equal tlistances, anymore than a rea on able price for a commodity ferring the ports of one State over those of another by a regulation to be sold in the market would be a uniform price when different of commerce. It seems to me to be apparent that such regulation as prices were fixed for the same commodity. is contemplated by the proposed legislation will inevitably bring But, sir, let me call attention to the other provision of the Consti about such a result. Portland and Boston are farther from the Mis tution, that no regulation of commerce shall give any preference to sissippi than New York or Baltimore, and are the termini, therefore, the ports of one State over those of another. Now, I hold that it is of the longer and less profitable lines of railToads. Rates, therefore, utterly impossible for the provisions of this bill to be canied out from the West over these longer lines will be fixed at a larger maxi without bringing about precisely such a result; in other words, it is mum per ton per mile than over the shorter lines; and as the bill for utterly impossible for nine men to attempt to regulate freights, how bids discrimination in favor of one shipper and against a:t:lother, the ever honestly they may set about the work, without prefening one longer and poorer lines will be obliged to reduce rates for all if they port of the United St.ates to another. reduce them for any customers. This they cannot do and leave auy To illustrate : The city of Boston gets a large amount of freights margin for interest on their investments; and as the shorter lines are from the West, that .come in part over the Grand Trunk Railway to be compelled to take all freight offered, the termini of the e roads of Cana-da, and over the Central Vermont Railway in Vermont, or will most certainly thus be preferred as points of shipment, or New by way of Portland; and in summer partly by water, via Ogdens York, or Philadelphia, or Baltimore will have preference over Port burgh. I apprehend that if an examination were made it wonld land or Boston. The New York Central, the Pennsylvania Central, be found that in fact the Erie Railroad, the New York Central, the the Baltimore and Ohio, while allowed to charge less po sibly than Pennsylvania Central perhaps, and the Baltimore aml Ohio-those now, could still do a profitable business. They could carry freight, roads which have the shortest lines, taken altogether, from the West to doubling their capacity for that purpose if need be, and perhaps woulfl the sea-board-fix the rates for the long lines ; and that the long lines make more money than now, while these longer and less favored lines are obliged to agree to those rates, whatever they may be, because would be driven from the business of carrying these long freights, otherwise they clo not get the freight. Gentlemen living in New and could only transport the merchandise that mio-ht be shipped from England, especially those who reside in the vicinity of Boston, under point to point along their roads. Is it not thus clear that you would stand that the Vermont Central line, which carries much of this give preference to one port over another'/ And the same would be freight through my State to Boston, has been the line largely relied true if you fixed the rates for freight and passengers from any foreign upon by Boston merchants and shippers as their line of transportation port to the United States. Suppose, under some law similar to this to and from the West. They have always felt a strong interest in it, bill, the fare for passengers from Liverpool to Boston should be a cer though not, perhaps, so strong as their interest in the Boston and tain amount, while that for passengers from Liverpool to New York Albany road. ·what is the consequence¥ They have put their money would be greater, the price being :fixed by the mile; pa sengers com largely into that road, and they have not expect.ed large, if any, divi in~fromLiverpool toBa1timore,Savannah,or Charleston, the di tance dends on their money so invested, and certainly have not been dis bemg greater, would pay more still. Would not that regulation be appointed in that respect. They cared mnch more to get their freight a regulation on the face of it which preferred one port to another f from the West to the sea-board cheaply, and from the sea-board back It seems to me clear that it would; and yet it is inevitable that it to the West cheaply, than they clirl. about getting dividends on the should be so in any attempt to 1·egulate the matter of prices for trans $5,000, or $10,000, or $50,000 ea-ch that they might have pnt into that portation. corporation. The capital that they invested in it went out of sight Admitting that the co:mmissioners will be as honest and intelligent withln five years after the building of the road, not by any dishonest gentlemen as can be found in the United States, men who sincerely management of the road, but because its business would not support desire to make a schedule of rates which shall be in all respects just it; because these Boston merchants insisted-and they insisted rightly, and reasonable, yet it would be impossible for them to do it without ancl the managers of the road looked upon the matter much in the same making this preference of the ports of one·State over those of another. light-that freight should be brought over that line from the West :Mr. FORT. I ask my friend from Vermont whether in arrangin~ a to Boston as cheaply as it could be brought to New York by the Erie and schedule of rates the commissioners are bound to take into consid New York Central roads. That road has carried freight right past eration that distance regardless of all other considerations Y my town from Chicago to Boston, month after month, at twenty-five Mr. WILLARD, of Vermont. It provides for :fixing reasonable rates cents per hundred pounds, the distance being more than a thousand which must be with respect to the distance. A long line which has miles; while we have been charged for the same classes of freight the least business will be allowed to charge larger rates, but shorter from .1\Iontp~lier, Vermont, to Boston, a distance of two hundred miles, lines like the New York Central and Erie will be required to chacrge from seventy-.tive cents to ninety cents per hundred pounds. Carry less. Rates will be fixed on such lines so low that the longer lines ing through freight in that way from the West to the sea-board, tha.t cannot carry except at rates much less than would be fixed as reason road has helped to build up Chicago and other towns of Illinois, and able for them. of States farther west; it ha.s contributed vastly to their develop Mr. FORT. They are not bound to do it. ment; while we at home have been clh-.rged upon our local freights Mr. WILLARD, of Vermont. They are not bound to do it, but they M much for our short distances as has been charged to those who live will have to do it or not get the freights. But as to these other a thousand miles beyond us toward the 1rlis. i sippi River for the long roads-indeed as to all roads-the bill contemplates a compulsory pro distances which separate them from the sea-boMd. cess to compel them to carry freights at such rates as may be fixed. It And yet this railroad in my State wn obliged to carry freight at has been said in the course of the debate that the New York Cen that rate because the New York Centra-l and the New York and Erie tral had largely watered its stock, and its rates were adjusted with were carrying freight at that rate to Boston and New York, and in reference to payingdividends on the whole ofthatstock. The desire order to help Boston trade, and Boston merchants who had put their of those urging this bill is to bring such roads down to hard-pan; to money into that road, they carried these freights for a good deal less find out what was their actual cost, and to grade the price of freights than cost from the \Vest to the sea-board, and made up in some degree on that actual cost and the running: expenses, which we all under tl10i.r loss in that respect by charging to us at home who live along stand would bring the rates below what they now are on such roads. side that railroad :five or six times as much, ay, ten or twenty times Yet the long roads are now carrying their through freight in many as much per mile, as they charged these foreign shippel's. Now, sir, instances at less than cost, and if you cut down the rates on com this is not right, bt1t it is a matter which cannot be regulated by peting roads they cannot except at ruinous sacrifices engage in statute. I t will not be regulated by this sta.tute. That road will this competition, and the business must thus necessarily be diverted have to carry freights at whatever price is fixed by the New York from the long roads, thus bringing about as the result a preference Central or the New York and Erie, or it cannot get them to carry. of one road to another, and as a consequence the prefer nee of t.he Aud jf this commission should fix the rate of freights at :five mills per ports at the termini of such roads over the ports less favorably s~tuated. .. -- - 1874. CONGRESSIONAL RECORD. 2417 But, Mr. Speaker, I have been led by questions addressed to me a our Legislatures are continually passing laws releasing to some ex little away from the order in which I proposed to discuss this bill; tent common carriers from these ancient liabilities, releasing inn and inasmuch as I h ave so begun I may as well go on in this desultory keepers from some of the old common-law liabilitie, and allowing manner and speak of other considerations that have occurred to me them to make special contracts in particular ca es, limiting their lia during my examination of it. It has been argued that common car bilities by notice to their customer . Our Legislatures have agreed riers must carry for a reasonable price, and that Congress may there that they ought to he allowed by contract to limit their liabilities; fore, as a regulation of commerce, compel railroads to carry freight that A and B, as citizens of the country, are better able to ettle their at a reasonable price. Now, I have not been able to see any connec own matters between themselves and determine what liabilities shall tion, so far as the constitutional power of regulating commerce is con rest upon each, than the Government is to settle the matter for them. cerned, between that and the law with respect to common carriers. Indeed, sir, modern civilization, as I am glad to believe, is losincr We cannot take charge of these railroads, we ca.nnot regulate freights faith in the sovereign virtue of legislative enactments to cw·e a:fi upon these railroads because they are common carriers. This is not evils in the body-pohtic, and i ·, I hope, approaching the conchu;ion t.he way we get the power, if we have it at all. We get the power of that the best way to develop men or states is to give the individual regulation, so .far as we have it at all, because they engage in com the greatest freedom consi tent wit.h order, and leave him to work merce between the States; and they may be engaged in this commerc-e, out for himself his own destiny. not as common carriers, but quite independently of that, as express Mr. Speaker, in calling attention to two or three authorities on this companies, or in any other way. Our power comes from the pro subject, in respect to whether a regulation of commerce can properly vision of the Constitution to regulate commerce. The question be pushed to the extent provided for in thi~:> llill, I shall be ohligcuin whether they are common carriers has nothing to do with it; nor has part to go over some of thefiround which has already been traversed the fact that at the time of the adoption of our Constitution the Par by those who have precede me in the debate, since l;he authorities liament of England had by" statute fixed rates of freight over the have been thoroughly examined and quoted very fully. I have one highways of the kingdom of Great Britrun. The two powers are dis or two authorities, however, which I have not-seen referred to, antl to ti11ct, and should not be confounded in the consideration of this bill. which I will call the attention of the House. The only question is, is the measure embodied in this bill a, proper ex · It has been asserted here that this right to regulate freights grows ercise of the constitutional power of Congress to regulate commerce; out of the power tQ regulate commerce. I have discus ed that to and the analogies that are attempted to be found, therefore, in any some extent already, and have given some of the reasons why I do government regulation of common carriers, whether ancient or mod not think the right exists to the extent claimed in this um. I do not ern, are isleading, untrustworthy, and deceptive. think the authorities cited here in the argument go to the extent And so, sir, when the common law has been stated here in respect asserted in this measure by any means; in fact, the decisions of the to common carriers, it seems to me that that is not pertinent to court upon this question, so far as they approach this particular this inquiry. I have been unable to find any case which fully main~ point, are always adverse to the claim of those who advocat-e this tains the law that has been quoted here so often in respect to com proposed legislation. In the Passaic Bridge case, which I believe has mon carriers. I find enough d-icta of the law writers to the effect that not been referred to, the decision was rendered by 1\fr. Justice Grier. common carriers can only charge a reasonable rate; but I have been The case, it will be rem em ber ed, was an action brought to remove a unable to find a case where suit has lleen brought against them for bridge that bad been built by the State authorities over the Passaic refusing in advance to carry goods at rates they had previously fixed. River. The court held that although it was an obstruction to com Suits have been brought in many cases ·where they took the merchan merce, yet they did not think it was such a bridge as the State had dise and transported it without anything being said as to the price; not the power to erect in the absence of congressional legislation on and in the end the court held that the price they exacted was too that subject. Mr. Justice Grier, in the course of an opinion printed large, and they were only allowed to retain what their services were in 3 Wallace, uses this language : worth. Bnt I have not been able to find a case, and none has been Canals, turnpikes, bridges and railroads are as necessary to tho commerce be cited, where that precise <.]uestion bas been before the court and it tween and through the several States as rivers, yet Congress has never pretended ha been denied that a railroad or other common carrier had a right to regulate them. When a city is made a port of entry, Congress does not thereby to make a contract or fix the price which it should receive for trans assume to regulate its harbor, or detract from the sovereign right-s before exercisecl by each State over her own public rivers. Congress may establish post-offices and porting freight or pas engers. And considering that, as is asserted, post-roads; but this does not affect or control the absolute power of the State over this has been the law for a hundred years, it is singular that some Its highways and bridges. If a State does not desire the accommodation of mails such case should never have arisen, and the courts should not have at certain pl..'tees, and will not make roa{is and bridges on which to transport them, settled long ago that it was already within their province to regulate Congress cannot compel it to do so, or require it to receive fuvors by compul ion. Constituting a town or city a port of entry is an act for the convenience and benefit this matter of freight and the rates for carrying passengers on rail of such place and its commerce; but for the sake of this benefit the Constitution roaus. does not require the State to suiTender her control over the harbor or the highways Jl.ir. G. F. HOAR. Does not the gentleman find in the ancient leading to It, either by land or water, provided all citizens of the United States English cases the declarations are very numerous that that is the enjoy the same privileges which are enjoyed by her own.. rule of law T Here the court say in very plain language that the power of the Mr. WILLARD, of Vermont. I have found such declarations, but State over its own canals, railroads, turnpikes, bridges, &c., is ex I have always found the ca e to be something else. clusive, and that Congress gets no power over them to regulate them Mr. G. F. HOAR. 'Vill the gentleman allow me to ask him one in any way by virtue of the power to regulate commerce. other question Y I accidentally came upon another authority, which has not been Mr. WILLARD, of Vermont. Certainly. presented t.o the House, and is not, I believe, in any print-ed volmne Mr. G. F. HOAR. Has not the gentleman in his researches also of reports. While looking over the letter of the Secretary of War found that it was the ancient Eng.lish practice to regulate the charge with a view to making up my mind in respect to what I ought to do of the public carrier on merchandise by the court of sessions tixingin as a legislator here in regard to the Louisville ancl Portland Canal advance his rates Y project, now pending before the House, I found an opinion delivered 1\fr. WILLARD, of Vermont. 0 yes,· Mr. Speaker; the English by Mr. Justice Miller, who has been quoted on this floor as much as Parliament pa-ssed a law providing that a certain commission, the any member of the Supreme Court of the United States as authority court of sessions I think it was, should regulate rates over the high in favor of congressional regulation of freights or tolls on railroads. ways of England. I so understand it. Now, if the House will be patient with me long enough to state as Mr. G. F. HOAR. So that is it not true that when our Censtitu briefly as possible what this case is, they will see the point of th9 tion was adopted our fathers found that the habit of fixing by a com authority as I quote it. The Portland ancl Louisville Canal was mis ion the rates for public carriers for merchandise was an ancient originally built by the State of Kentucky, or by a corporation created English regulation of commerce T by the State for the purpose, and tolls were allowed to be levied for Mr. WILLARD, of Vermont. My recollection is that this country the use of the canal. Gradually the United States became the owner eparated itself from Great Britain in a considerable degree because of all the stock except five shares. After it had become the owner of it did not like English laws, and I have never supposed that they such stock, application was made to Congress for leave to mortgage adopted as laws in this country any laws other than those that the tho canal, issue bonds on that security, and go on enlarging and im courts might hold were just and proper. Now, I do agree that the proving it. Bonds were issued on the strength of that permission to Parliament of England had regulated freights by statute. I agree tho amount of nearly 1,500,000, and the canal was mortgaged for that that our State Legislatures have power to regulate the price for purpose. Those bonds are still outstanding. After that the United carrying freights. The Parliament of England regulated many other States made an appropriation for work on the canal, I think in 1872, tbi ngs; they regulated the price of bread ; t.hey granted monopolies; and I read an extract from that appropriation bill: they regulated the price of grain in the earlier history of the country. They considered that they had the prerogative to regulate almost For contiuuinatbeworkon the canal at the Falls of the Ohio River, $300,000. Ancl the Secretary ofWar is hereby directeu to report to Congress at its next session, or everything that subjects of the realm did. But I do not suppose, be sooner, if practicable, the condition of said canal, and toe provisions necessary to cause they did such things, that we have the same power; or if we had, · relieve the same from incumbrance, with a view to such legislation as will renuer could wisely exercise it. I hope that w~ have got away from the the same free to commerce at the earliest practicable period, subject only to such state and government regulations that used to prevail in the earlier tolls as may be necessary ~or the superintendence and repair thereof, which shall history of civilization, and I should like some better precedents for not, after the passage of this act, exceed five cents per ton. such a bill as this than the old English method of regulating by Par I a-sk gentlemen to mark the phraseology of this provision, "sub liament or royal decree evel'ything which the subjects of that realm ject to such tolls as may be necessary, &c., which shall not, after the might undertake to do. The law in regard to common carriers, where passage of this act, exceed five cents per ton." This is the first instance there is no statutory regulation, is well settletl; but we all know that I llave found o~ legislation by Congress to regulate the rate of freight. 152 2418 CONGRESSIONAL REOORDo l\fAROH. 24, H e:-e was an a.ct of Congress providing that after a certain time tolls contract; that, for instance, if I happen to owe the; gentleman from on tllis canal shoulrl not exceed five cents per ton. Massachusetts, [Mr. BUTLER,] who sits in front of me, $500, which I Now, what followed ' The United States proposed to go on and have by promissory note agreed to pay him in one year, Congress can make the improvement under this appropriation. The persons inter pass a law declaring me free and exempt from that contract; and that ested in the bonds issued by the canal company filed a. petition he shall not afterward have the power to enforce the contract in a before Mr. Justice l\Iiller, asking to have the nited States enjoined court of law. Now, Mr. Speaker, I suppose that if thjs doctrine bas from going on with the work, and setting forth as a reason for the a.ny authority whatever, it must rest on the idea that the Congress injunction that if they accepted this appropriation under the t erms of the United States is not bound by the same rules of honesty, jus of the act they would be bound by this limitation of the rates of toll tice, honor, and nprightne s that ought to govern any other legisla per ton to be levied upon the commerce that might pass through t hat tive body. It is tl·ne, :Mr. Speaker, that no prohibition on tho pas ago ca.nal. They a ked for an injunction on that grotmd, in order that of a law impairing the obligation of contracts or destroying vesteu the security for their uonds might not be impaired. Mr. Justice :Mil rights is put in the Constitution, except in one of the amendments ler went over the ground somewhat at lengt h·, holding that the rights where it stands undoubtedly as a prohibition, providing that private of the parties would not be imperiled in the least by allowing the work property shall not be taken for public use without just compensation . to proceed. He then used this language : But I understand the courts have always held, when that question The argument i~:~ , therefore, not without force, that Congress meant, when they was presented squarely, that the Congress of the United States lJas said such tolls should not exceed five cents per ton after the passage of this act, no more power to impair the validity of a contract tha.n a State such act as they contemplated in future to pa s to satisfy or remove that incum- Legislature ha . They have held, to be sure, that where Congres~>, in brance. · the proper exercise of some power conferred upon it, has enacted a Suggesting that Congress did not mea,n that the.toll should be reg law that might iu some remote degree impair the validity of a con ulated at five cents per ton after the pa.ssage of the n,ct of appropri tract, such legislation would not for that reason be unconstitutional. ation, but only after the passag.e of some subsequent act, he then But wherever the question has been presented, I have no doubt tb y goes on to say : have held, and would bold, as Mr. Justice Miller held in this ca e, It must be confessed that the language i..c; not after thiR construction, and that in that the1·e is no power in Congre s any more than in a State to divest their caution the directors might nave well supposed that Congress intended to limit the tolls at once to five cents per ton. the vested rights of individuals, except by giving just compensation If this construction of the statute be correct, t.ben I have no hesitation in saying therefor. that that part of it which so limits the tolls is void, for the plain reason that it is a Mr. Speaker, I am arguing this case with reference to the rights legislative attompt to destroy vested rights and a taking of private property for of railroads, not because I like railroad management; for every in public use without due compensation. I think I have shown that the prosecution of this work is for the benefit and stinct of my nature, every impulse of my being is on tbe side of t he advantage of all concerned; that it does not seriously interfere with the ordinary people in any controversy they may have with milroads. I will go nse of the canal, and that the accomplishment of the work will neither confer on as far as any man in any measure which can be shown to be safe and Con_gress the right t.o regulat-e the toll nor validate the attempt alreaJy made to do wise and constitutional, to p11 t limitations upon these railroads. But, so, if Congress really intended to make such attempt. sir, supposing this bill ts pas ed, what does it accomplish f It pro Now that is the only authority, to my knowledge, which goes to vides that these railroads shn,ll charge only reasonable rates of freight. the very question whether Congress has power to re~ulate the price Now, how do theserailroads exist 'I They come into operation, every for carrying freight when that regulation might impa1r vested rights. one of them, (except the few that have been chartered under con Mr. HAWLEY, of Illinois. Will the gentleman permit me to ask gre sional authority,) by virtue of some State grant ; and they have him on~ .question right here, if it does not interrupt him too much Y no rights or powers except those conferred upon them by that legis Mr. WILLARD, of Vermont. It is only a question of time. If I lative enactment. A railroad chartered in Massachusetts cannot do can have my time extended so that I can go a little beyond the hour, any act except what the law creating it allows it to do. It cannot I do not object to interruptions. even enga.ge in interstate commerce, unless its charter allows it to do Mr. HAWLEY, of illinois. I wish to ask the gentleman if he does so. It cannot carry a pound of freight out of the State nor bring a not know that Mr. Justice Miller has decided in regard to milroads pound of freight into the State if the Legislature has prohibited it that Congress has power to regulate the prices which railroads shall from doing so. It is an artificial person in every sense of the word. charge for freights f It has no existence whatever except the existence given to it by 1r. WILLARD, of Vermont. I do not understand that he has so the Stare authority. The measure of its existence, its stature, it decided. ' dimensions, its powers, are derived wholly from the Stare Legislature. :Mr. HAWLEY, of illinois. I so understand. You cannot by congressional enactment give it any power nor take Mr. WILLARD, of Vermont. I do not understand that any such from it any power. If at the outset, any powers f,ITanted to it were decision has been made or has been quoted in this debate. In the in violation of the Constitution or laws of the United States, of course Clinton Bridge case, which has been quoted here, Mr. Justice :Miller it could not exercise those powers, and the original grant would bo decided that Congress had the sn,me power to regulate commerce by void to that extent, but in all other respects U.s chart.eris the law and railroa - 1874. CONGRESSIONAL RECORD. 2419 this bill does. The bill says if the rates are fixed it shall in effect be all of them, that reservation either in the charter itself, or the con a crime for n.ny road to charge more; that if a railroad shall charge stitution of the State makes provjsion for it. any more than these rates, or shn.ll refuse to carry freights at these Mr. BUTLER, of Massachusetts. \Vas not that question decided rates, such road shall be punished by exacting of it a heavy penalty. definitely by the Supreme Court in the Charles River and Warren You have established the power in Congress, if this bill is held to be Bridge case f • constitutional, not only to fix these rates arbitrarily at whatever it ~fr. TREMAIN. That you could pass a subsequent a.ct chano-inO' may see fit, but you provide a penalty for failure to abide by such the charterf 0 0 schedule of rates. 1\fr. BUTLER, of :Massachu-setts. That another bridge miO'ht be The SPEAKER. The gentleman's time has expired. placed alongside of the former one. 0 Mr. BUTLER, of Mas achusetts. I hope the gentleman will be Mr. WILLARD, of Vermont. That case was for the moment out allowed to conclude his speech. of my mind, and I am obliged to the gentleman from Ma achusetts There was no objection, and it was ordered accordingly. f~n· calling my attention to it. It is a case where the Legislature con Mr. WILLARD, of Vermont. Now, sir, I wish to call the attention sidereC!- that they had t_he power to authorize another bridge to be put of the House to what Mr. Justice Strong says in the case of the State aJongs1de the one previOusly chartered, and the law was held valid. freight-tax, as that decision has been relied on as authority for the But I must pass on from this view of the case, a-nd I apologize to legislation here asked for. It was especially urged as a reason why the House for occupying so much of its time; althouO'h I find that the tax in that case was not unconstitutional that to hold it to be so I have necessnrily to pa-ss over much that I had intended to say. I would be to hold that a State could not tax the franchise of a corpo wish to get at another view of the question, which seems to me the ration created by its legislation, nor even charge tolls upon any rail more p~ac~cal one. I understand most of the grievances of which road or highway of which it might be the owner, as such tax or such com~la.mt 1s made here do not have reference to through freight. tolls would be either immediately or remotely a tax upon interstate For mstance, the gentleman from Iowa [Mr. WILSON] in the speech commerce. he made on this question, and in which he arrayed statistics which Mr. Justice Strong held, however, distinctly that there was no are rea:lly very valuable in its discussion, stated as one grievance that power in Congress to regulate freights under the guise of a regulation the ra.ih·oads of Iowa woulcl not carry freights from the interior of of commerce. He says: that State to the Mississippi River- a transportation wholly within That this argument rests upon a misconception of the statute is to our minds th~ State, the railroads of course being chartered by the State and very evident. We concede t.be li~ht and power of the State to tax the franchises of be~g under State control-at the same rates per ton per mile a.s if its corporations, and the lights or the owners of artificial highways, whether such shipped from Omaha or Davenport to New York City. And the gen owners be the State or grantees of franchises from the State, to exact what they please for the use of their ways. t~eman in~ste~ that we should regulat~ the rates here by congres SIOnal leg1slatwn; that we should proVIde that the raih·oads of the Now, that is a plain declaration; and, so far as that case goes and State of Iowa-railroads which are wholly within that State, subject is authority for anything, it is a conce sion that the question of to State control-shall carry freight from the interior of that State freight charges is entirely beyond the _control of Congress and can to the Mi sissippi River, there to be delivered to the steamers to be not be enacted here as a regulation of commerce. The court say taken down the river, at the same rates per ton per mile for which that ~he right to fix rates of freight is "an attribute of ownership," they would carry them to New York City. as it very clearly is. Now, such a regulation would be held uureasonabl6 in the judgment Now, Mr. Speaker, so far as there are any authorities which touch of every gentleman present; butwhetherreasonableorlmreasonable it this point at all, so far as the courts have given utterance to any is a matter in the cqntrol of the State. I observe that the gentlem~ opinions as to Stat-e regulation and congres ional regulation on t.he fr~m ~1assachusetts ~¥r. Bu~LER] shakes his ~ead. I suppo e he is subject of rates, we find they have in"variably decided, as Mr. Justice thinkinO' of the deCislOn which was brought mto this discussion in Miller decided in the Louisville and Portland Canal case, and as was the Daniel Ball case, which was quoted by the gentleman from Michi decided in theca e to which I have just called the attention of the gan, [:Mr. BuRRows,] whom I do not now see in his seat; where tli'e House, that the right to fix the price of freight is ru1 attribute of court held-though I doubt whether they would ever hold so again ownership and not- ru1 attribute of sovereignty, and certainly is not if the ca e were fully presented and argued before them-that any included in the congressional power to regulate commerce. package started anywhere in the State aml destined to a point out of Some one may say, how then cari a State control freight charges f the State, or brought from outside the State into the State, was inter The State gets that right, not by reason of power to regulate com state commerce, and wa..s to be regulated by congre sionallegislation, merce in the State at all, but it gets it by reason of its sovereignty and there could be no State control over it. Of course it cannot be and control over the thing in all of its aspects. It created and char regulated so far as putting any tax upon it by the State is concerned, tered the corporation, and of course it can regulate the corporation. or any prohibition as to its being brought into the State, or anything It can put limits to it. It can appoint what it shall do and what it of that sort. But it occurs to me as a great stretch of the doctrine shall not do. The fact of the power does not rest on the right of the on the part of Mr. :} ustice Field in that case, when he said that a State to regulate commerce, but on its sovereign power over the arti steamer running wholly within the State of M.ichiga-n, on the Grand ficial person existing only by virtue of its creative act, and which River, and taking on board gonds destined for a point outside the must therefore necessarily be subject to every regulation which it State, must have a license under the United States law. He had may see fit to make. in a former part of the opinion said that the vessel must have a Mr. HAWLEY, of Connecticut. If the charter has been granted license, because the river was a navigable water of the United States. without reservation of right to alter or control it, how does the gen This being so, the other point did not need to be decided, aa the United tleman get in the State Legislature the right to regulate rates whiqh States statute, in terms, requires all vessels employed on navigable may result, as he has argued, in practically killing the charter 1 waters to have a. license; and the dictum of the judge may therefore l\fr. WILLARD, of Vermont. That difficulty has occurred, I sup fairly be considered UB out of the ca-se. pose, to every gentleman who has considered this matter. It is a dif But the point I make is this : the railroads, as I have already said, are ficulty, it will be observed, that ma,y be equally mged against con the creatures of the States, and the State can fix the rates of freight if gressional legislation. any power can fix them on those railroads. It can fix them just as Ir. HAWLEY, of Connecticut. I know that. much on freights going out of the State o.r brought into the State as 1\Ir. WILLARD, of Vermont. And if, as against that objection, a on freights delivered from point to point in the State. It can, doubt State cannot regulate this, so neither can Congress. I am not ready less, prohibit a railroad from bringing freight into the State or taking to go the length to which some gentlemen go in holding that the freight out of the State. It certa.inly ca.n say that whatever freight Dartmouth College decision was broad enough to take from the State is taken up ::J,t any point shall be carried for so much per ton per the control of rates of freight when it had given a charter without mile over its road. In this respect it makes no difference that tile fixing particular rates. It appears to me that the sovereign power of line has been leased to foreign corporations, because the foreign cor the State, except so far as rights may have vested under a grant and porations take no greater rights under sueh lease than are po se sed which are technically called vested rights, cannot give away this by the company makin~ the lease. I havo no doubt the State can control so as to put it out of the power of a subsequent Legislature. regulate rates on railroads in the State, provided such regulations do If the Legislature of Connecticut should grant a charter to a mil not conflict with a fair interpretation of the law as expounde Mr. WILLARD, of Vermont. The gentleman will excuse me now. :Mr. WILLARD, of Vermont. I do not know whether it comes in If 1 have misapprehended his point, r certainly did not intend to do terms within this bill. him injustice. Mr. G. F. HOAR. Allow me to finish the sentence, if you please. 1\lr. WILSON, of Iowa. It win t.ake me but a moment. The point If it is doing business as part of a line from State to State, if it is in I desired to make was that the discrimination in freight from the partnership with other ronds which with it make up that line, then interior .of the State to the river was so very great that nothing could the line establishes and makes known to the public the rate of freight. stop at the river. This bill provides that any person interested may appeal to theso :Mr. WILLARD, of Vermont. I meant to say that the gentleman commissioners; that tho commissioners may revise the schedule, nn EVE:NING SESSIOr. The most important of all regulations is that affecting the cost of The House assembled at half-past seven o'clock p . m., Mr. SPRAGUE transportation. Grant to railroad COI'l)Orations entire freedom in this in the chair as Speaker pro tempore. regard, and they will regula.te commerce, and all that will remain for INTERSTATE CO:\IMERCE. Congress to do will be to direct how they shall equip and opemte their traius, while l>y their tariff systems they will build up commerce The SPEAKER pro tempore. The House meets to-night for debate at favorable points,-and destroy it at others. only, and the bill (H. R. No. 1385) to regulate commerce by railroads In the speech of the honorable gentleman from illinois, [M.r. EDEN,] in the several States is before the House. to which I have already referred, for th1} purpose of showing that it is [Mr. ATKINS ac.ldressed the House. His remarks will appear iu absurd to claim for Congress this power, he remarks: the Appendix.] · Mr. Speaker, if the power of Congress to regulate commerce among the States Mr. COTTON. The pending bill brings us to the important ques can be so construed as to include the right to fix the prices of fr ight, will not the tion whether Congress, under the power to regulate commerce among same construction enable Congress to fiX the prices of every commodity and of all the several States, may regulate the charges of railroad corporations the instruments usell in such commerce 1 upon commerce of that character; whether a regulation of this kind Aud yet in the same speech we :find the following : is a regulation within the meaning of the Constitution. I take the position that it is competent for the States by law to fix reasonable The Constitution invests Cougre s with power "to regulate com maximum rates for freight and passenger tolls on all railroads within the States merce with foreign nations, and among the several States, and with and constructed under their authority; anll that fre~$b.t and pa~sen o-ers transported over such roaus and passing from one State to anomer may be rcq~red to pay the the Inc.lian tribes." tolls so fixed by law. Of the policy of intrusting this power with Congress, and .of the importance of the same, Story, in his Commentaries on the Constitu :May we not ask him~hether he does not here admit what, on his tion, says : assumption, will give each State Legislature the right to fix: the price of every commodity transported over such roads, and of all the instru The want of this power was one of the leading defects of the Conferloration, and probaiJly, as much as any one cause, comluced to tho establishment of the Constitu ments used on those roac.ls, and will result in a maze of legislation on all t.ion. It is a power vital to tho prosperity of the Union, aml without it the Gov these subject , with which the legislation he assumes Congress might ernment woul 1874. CONGRESSIONAL RECORD. .2423 terf~re in the way of regulating commerce on this road. Yet the equallegi lation to all citizens of the United Stn.tes who m::tybecon court adjudged the tax invalid so far as related to commerce between cerned in this commerce. States, and at the same time stated in regard to the tax on commerce Next, can the railroad corpomtions complain f When they engage within that State that '' doubtle s a State may regulate its internaJ in this clas of commerce, and with their tmins pass the boundaries commerce as it pleases." of Stat.e.s with the 'arne freedom that they do those of a county or This case completely demolishes all these theories that the ques- . township: it is not for them to object to having applied to them that tion between a State and Congress as to the power to control is to be legislative control which is appropriate and alone adequate to regu determined from the nature of the company's charter, but makes it late the business which they ha.ve undertaken. depend on the nature of the commerce to be regulated. If local and The correct po ition, and that which will !Je affirmed by the courts limited to the State, then only the State can regulate; but if of a when the question is made, is, that the National Legislature ha cog national chara.cter, if among States, then national legislation alone nizance of commerce which is national in its character, and a State can control. Legi l:tture of that within the State. How will the advocates of this doctTine, that the source of thecha,r Congress was investefl with authority to regulate commerce among ter is decisive of tho Tight to control, get along with this decision, the several States, that general regulations, and those which woulcl which recognizes two kinds of commerce on one railroan, and tha,t, apply alike to all the States, might be provided; the partial, limited, too, a railroad having a, State charter; and that the'State Legislature and conflicting legis1a.tion of the separate States being inadequate. may control on this road the commerce which is carried on wholly There is the same reason for having uniformity of legislation in the within that State; while at the same time, and on the same road, matter of fares that there is upon any other subject touching this Congress may 1·egnlate that commerce which extends beyond the ter commerce. It is impos ible to sepaTate a regulation of this nature ritory of the State 1 The tax of 38,361 on freight tmnsported within from those which Congress, under the Constitution, may enact, and the State the railroad company paid without objection ; and the court, assign this to the domain of State power, and exclude it from con in discussing this question, admitted that as to such freight the State gres ional. could exact taxes in its discretion ; but the tax of $46,520 on freight 1\0 li!IIXED POWER. exported to points without the State was successfully resisted before Whatevermaybe done in regulating commerce of this nature must the court, on the ground that the transportation of such freight was be clone by Congress. Neither the Constitution nor the decisions of commerce among the States within the meaning of the Constitution, the Supreme Court recognize any mixeu authority. The principle nnd Congress had the regulating of that, and the State could not lay settled in the Pennsylvania freight-tax: ca e will not admit of a par thereon one penny of tax although this road had been built under a tial control by Congress to be supplemented by the State~-Congre s charter from that State. t.o take charge of all but tolls, and the States to establish them. Con If it be true that the 1i.ght to regulate is to be ascertained from the -current power is not permitted, but a clear division is made giving company's charter, then all the commerce passing on the same road all to the State over State commerce, and all to Congress over national would be subject to State control if the charter should be from the commerce. State; but if from Congress, then to congressional regulation. But I cannot understand how any regulation affecting tolls can be said the Supreme Court of the United States think differently, and attach not to be a regulation, or by what name it can be.characterized so as no importltnce whatever to the character of the road's charter, but to e:s:clude it from the regulations Congress can create. place the right to control where the nature of the commerce may If railroa& engaged in commerce among the States are not sub how it should be, and decla,re that Congress rna¥ regulate commerce ject to regulation by Congress in respect to tariffs, they are exempt ou a road having a State charter, when the commerce is between that from all supervision in that regard, and tho e gentlemen who contend State a,nd other States, and that the State shall, on the same road, that Congress cannot legislate so a to require reasonable rates a,re exercise control of commerce limited to the territory of the State. taking a position which would place these roads above all control in This decision permits to the State the making of all regulations this respect. bearing upon the commerce of the State, and mainta,ins in Congress On this point I cite the following from Story on the Constitution : alone the right to regulate that commerce which also concerns other State , and settles absolutely the principle that it is the nature of The next inquiry is, whether this power to regulate commerce is exclusive of the same power in the Stat~s or is concurrent witl:i it. It has been settled, upon the the commerce, and not of the charter, which admits State control in most solemn deliberation, that the power is exclu ive in the Government of the the one case :md congres ional control in the other. Uniretl States. The reasoning upon which this doctrine is founded i to the follow But few railroads or vessels engaged in commerce among the States, ing effect: The power to regulate commerce is ~en eral and unlimited in its terms. or with foreign .nations, would be subject to regulation by Congress The full power to regulate a particular subject liDplies the whole power, and leaves no resitluum. A grant of the whole is incompatJ.'b1e with the eXIstence of a right if the fact of being owned by n. corporation having a State charter in anllther to any part of it. .A. grant of a power to regulate, neces arily excludes excluded control by Congress. the action of all others who would perform the same operation on the same thing. During this debate it has been mentioned that the railroads under Regulation is designed to indicate the entire result, applyin$. to tho e parts which State chn.rt.ers have had also in the con truction of their roads the remain us the:v were a well as to tho e which are altered. .tt produces a uniform whole, which'is a.s much disturbed and d erange~ by. changing what the regulating benefit of the State's right of eminent domain; 2424 CONGRESSIONAL RECORD. MARCH 24, this possibility of such commercial embarras ments, no doubt, that the power of from. all poii~.ts and on !ill lines, it has not appeared necessary to legis regulating commerce among the States was con£errecl upon the Federal Govern ment. late m relatwn to theiT charges. But there cannot be competition at most of the points on railroall , they being accessible only to the The uniform system which is here stated to be so desimble could cars of one company, and this renders legislation of this nature in be defeated if Congress has not the power to prevent railroads, even respect to railroads important. Can it be doubted that the most with the sanction of State Legislatures, from establishing discriminat essential of all regulations, that which affects the very life of com ing rates. A State could legalize rates whic~ would be to the ad merce- the profit to be derived therefrom- is comprehended in the vantage of its own towns and citizens, and to the ilisadvantage of general po':er to regulate ?ommerce among the several States, and those who would have occasion to make shipments through the States. that as to r:ulroads engaged m such commerce Congress may prescribe A.ll the evils to result from taxation by each State of commerce in regulations prohibiting excessive charges transit on its roads would be caused by the several States exercising the power to fix the charges on this commerce. COlnfi'ITEE'S BILL. · STATES C.Ali~OT ABRIDGE. I propose now to speak for a few minutes of the details of the bill This power cannot be abridged by reason of anything in the Sta,te before the House, having already spoken upon the general merits of charters to these corporations. Under the authority to regulate com the proposition brought before us by the Committee on Railways.and merce an act was pa,ssed by Congress legalizing the Wheeling bridge. Canals. I will state the leading features of the bill. 'rhe validity of this act wa.s drawn in question in the case of The It provides that milroads employed in commerce amon(J" the seveml State of Pennsylvania vs. Wheeling anfl Belmont Briuge Company, States shall not charge nor receive more than a fair and reasonable reported in 18 Howard, 4.21, from the opinions in which case I extract rate of toll or compensation for tmnsp~rtation of freight of any kind the following: or of passengers, or for the transportatiOn of cars ou their track . It proviues further that there shall be a board of nine commission It i s also urged that this act of Congress is void for the rea.'3on that it is incon sistent with the compact· between tbe Stat.es of Virginia and Kentucky at the time ers, consisting of one from each judicial circuit of the United States · of the admission of the latter into the Union, by which it was a:rreed tllat the use that the board shall institute a thorough invest.iga,tion into the rate~ and navigation of the river Ohio, so far as the territory of the pro~ o sed State, or the of toll anu compensation cha.rged for transportation of freio·hts pas territory that shall remain within the limits of this Commonwea th (Virginia) lies sengers, and cars over each of said lines of railro:.td, and rea thereon; shall be free and common to the citizens of the United States, and which int~ th~ comp:wt was assented t~ by Congress at the time of the admission of the State. sonableness thereof, and shall, as soon as practicable aft,er such investi This court held, in the case of Green et al. vs. llidtlle, (2 Wheaton, 1,) t.hat an act of gation, prepare for the owners and operators of each of such lines a sep the Legislature of Kentucky in contravention of this compaet was null and void arate schedule of reasonable·maximum rates of charges, the schedule within the provision of the Constitution forbiddincr a State to pass any law impair ing the obligation of a contract. But that i not t.lie question here. The que tion to be d~y authenticated by said board of commis ioners, printed, anu here 1s whether or not the compact can operate as a restriction upon the power of posted l_ll each of the .offices and depots of such railroad company. Congress lmder the Constitution to regulate commerce among the several States. A copy IS to be filed m the office of the clerk of the circuit court of ClP..arly not. Otherwise Congress and two States would possess the power t.o moilify the circuit in which may be auy })art of the railroad affected by the and alter the Constitution itself. . schedule, and a. copy of the schedule, certified by the clerk of the The import of this decision is that States cannot by any compact court, is to be admissible in evidence in any trial under this law. they may make, even when that compact has been assented to by Where the commissioners find the rates of a company already reason Congress; impair this constitutional right to regulate commerce. able, they may dispense with fixing a. tariff of charges for that com The purpose for which railroad corporations are formell, and the pany. A.ny corporation operating a line of raill'Oa.d throuo-h two or manner in which their affairs are conducted, ma.ke it apparent that more States, which shall, after such chedule takes effect,(which is there should be legislative supervision over their charge . The stock ~o be thirtY: d~ys after it is thus filed,) be guilty of extortion, by charg polders in a corporation, who in their individual business transactions mg or recmvmg more than a reasonable rate of toll or compensation are most honorable and fair, cannot impart to the corporation their for the transportation of freight, pa sengers, or cars oYer such line personal characteristics. Their connection with it consists in owning shall pay a certain penalty. It iB made the duty of the United State~ stock, receivin~ what dividends may be allotted to them, a.nd partici attorneys to prosecute all such offenses. The company is also made pating in the election of officers. The larger the dividends the more liable to the J?arty i:.Jj~ed .for damages caused by reas~n of overcharge. highly the stock is valued. They look upon the corporation imply Upon any tnal for vwlatwn of the law the schedule 1s to be received as an organization to make the most money practicable. On the other as prirna facie evidence that the charges therein fixed are rea onable · hand, the officers may be very just and good men personally, but they yet the company iG permitted to prove the fact of their being rea on: are employed to devote their energies to securing the highest possible able, and show that the charges, although exceeding the schedule receipts, and the more earnings they can report the more highly they rates, :1re nevertheless reasonable. are appreciated and rewarded. A.s the result of this relation of the These commissioners are authorized to gather information and sta stockholders and officers to tho corporation, the corporation itself be ti.'3tics upon the subject of railroads both in this countrv and in foreio-n comes an ex:ceed4Igly av:uicions and selfish institution. eo~ntries, and to make recommendation in reference fo fnrther"legls There are some seventy-one thousn.nu miles of railroad constructed latwn. in the United States, costing $3,000 ,000,000- one-tenth of the estimn.ted These are the leading features of the bill. This is the first step value of all the real and personal property in this country in the yea.r in legislation of this ch:.tracter, the first attempt on the part of Con 1870; and this immense capital is managed by a power which feels no gr~ss to superv;ise the charg~s of railroad corporations. The bi~ gives restraint in its rapacity for money-getting other than that which the eV!~ence of berng framed With great care, and follows the legiSlation law can impose. which those States that have undertaken to supervise railroad tariffs Most individuals possessing wen.1th feel a moral accountability in have found to be the most practicable and expedient, and the most its management which restrains them from oppressing their fellows. beneficial to the public as well as jnst t0 the railroads. Their sympathies may be appealed to; and they are always desirons I ha.ve here the decision of the illinois supreme com-t, delivered that by just :.tnd f:.tir dealing they may secure public approbation. during the past ye:.tr, in the case of The Chicago and Alton Railroad Should a man of wealth prove to be sordid and opproosive, it is lmown Company -vs. The People ex 1·elatione Koerner and others, raili·oad and that he cannot always continue his extortions, and that his posses w:.trehouse commissioners of Illinois. That was a proceeding to annul sions must pass into other, and it is hoped bet.ter hands. But in the the charter of the corporation. case of these corporations, devoid of conscience or sympathy, and The new constitution adopted not long since in illinois provides which care for public opinion only so far as it may affect their profits,· that- their power is to continue and increase perpetually. ?'h.e G~neral Assemb~y s?-all pass laws to. correct abuses and pr~vent unjust dis Railroad corporations are, from their relation to the public, pecu crunmation and extortion m the rate of frmght and passenger tarifts on the flifler entroad.s in this State, and enforce such laws by adequate penalties, to the eJ..1:ent, liarly subject to legislative control. They profess to be enga~ed in a if necessary for that purpose, of forfeiture of their property and franchises. (Article public work. They are permitted to take the land of the citizen, on 11, section 15.) making compensation, on the ground that therewith they are to serve The Legislature passed a law, the first section of which declares the public. Occupying this position in securing their right of way, that- they must abide by the same in using the land thus obtained, anu as No railroad company in this State shall charooe a L'trger compensation for the public servants be subject t.o regulation in the interest of the public; transportation of freight over any distance than a,is charging at the same time for and it is incumbent on them to make their charges as moderate and freight of the same class, over n.less dista-nce, nor shall it charge the same am~nnt as impartial to every citizen as they would be on :1 railioau built and tllat it charges over a less distance. opera.ted by a State or by the United States. So long as they limit Another clause of the same section reads tba.t- i.beir business to commerce within a State, they are entirely subject to No railroad company in this State shall charge a larger compensation for freiaht State authority, and it is the province of the State, to see that they over any portion of its road than is charged for freight of the same class over ~y properly exercise the public trust confided to them; but when their other portion of equal length. operations are extended to inrerstate commerce, they bring them The statute, as penalty for disregarding these regulations, declares selves within congressional supervision. that the franchise of the offending corpomtion should be forfeited. Congress is now called upon to apply to commerce on railroads the It will be seen that the constitution gave the Legislature the au same power it has exercised in respect to commerce on navigable thorityto prevent unjust discrimination. But the court held thi law waters. While no law has been passed _which directly related to to be unconstitntiona.l, because it established an a;rbitrary rule against charges for transportation on vessels, yet the laws which have re any discrimination. The complaint iu tha.t caso was that the com quired the expenditure of money iu providing for the safety and com p:.tny ba-d repeatedly charged and received for transporting lumber fort of passengers have affected tbe revenues of the owners of these fT@m Chicago to Lexington, a distance of one hundred and ten miles. vP.ssels. There being opportunity for competition between vessels the sum of $5.G5 per one thonsand feet, while at the same time it had 1874. CONGRESSIONAL RECORD. 2425 only charged for transportation of like lumber from Chicago to Bloom Looking to the history of the ac1opt1on of this grant of power, and ington, a distance of one hundred and twenty-six miles, the sum of to the circumstances that made it necessary, as well as the practice five dollars per one thousand feet. and legislation of the Government since it formation down t.o the The court say tha.t the inflexible rule established by the statute was present time, none of which is it pretended shows that such an not legislation against unjust discrimination, and say: exercise of it as is claimed by this bill was ever attempted or sub That the naked fact that a railway company charges a larger sum for tra~sport mitt ed for action, it would seem that we would be warranted in ing freight of the same class over a given distance than it is chargin$ for the same giving as the true construction and meaning of these words, "to regu distance over another part of its road, or in the opposite direction, IS not of itself late commerce among the States," the accepted one heretofore, that oonclusiv0 evidence of an UIJjust discrimination, will be manifest on a. moment's consideration. Take, for instance, the road of the appellant, with one terminus at is, that it was intended to secure "free commerce" among the States, Chicago and the other at East Saint Louis. At onescason of the year more freights and that Congress was invested alone with the power to remove any are moving from Chicago toward East Saint Louis than in the opposite direction. obstruction or impediment thereto. But it is said that the exten The consequence, of course, is that the supply of empty cars at the latter point will be in excess of the demand. There is a water-route between these points which sion and multiplication of railroads and their uses in the carrying also touches several intermediate stations upon the road. Now, unless the railway tra.de, and especially among the States, ha.s made the exercise of thi company is ~ermitted, under such circumstances, to induce shipments over its lines power necessary, and that the grant is express in its terms. byloweringitsfreights,itisevidentthataportionof it-'3 cars will returnempty. This Does the power to reguln,te mean the power to control, to give life would, of course, necessitate a hi,ghercharge for freight movin~ toward Saint Louis than it would be necessary to impose if return freights could oe secured by lower or death Y Does the power to regulate mean that you may appro ing the rates on the return trip. Toforbid thecompanyto lowertheratesofreturn priate the service or property of the citizen to the uses and interest freights would thus benefit no one, and would work an injury both to the company of the public without direct compensation to him i And by arbi antl to the people along the line. At other seasons of the year the larger amount of trarily determining the value of his time, the use of his property, ancl freight is movmg in the opposite direction, and the operation must be reversed. We give this illustration for t.ho purpose of showing that a difference of price, for his labor, without his consent, do you not appropriate it to the public f the same distance of tr::msportation, is not necessarily an unjust discrimination, and Again, is the power "to regulate commerce among the States" any that law must be fatally defective which infers guilt as conclnsive presumption more comprehensive than the power "to regulate commerce with from the mere bet of difference of rates without permission to explain. foreign nations i" .Are not the same terms used in the same grant of That court thus recognizing the fact that a company may make power Y Yet who will argue that• we may create a commission to different charges on the same ro::td a,nd for the same distance under establish, and then from time to time revise and alter the schedule o:f certain circumstances. rates to be charged by domestic vessels engaged in foreign commerce, They say the shippers on the road are benefited by such discrimi or foreign vessels engaged in the like trade ¥ Such a bo:ud woulcl nation, because it enables the company, by offering inducements to perform the office of a Chinese wall. But, sir, turning for a moment to have its cars filled when they would otherwise be running empty, to the arguments made by the supporters of this bill, and· adopting the carry freight for them at a less rate. From this decision it appears liberal and latitudinarian construction they have used, it would seem that the policy of the present bill, which is to leave a discretion with that the nature and extent of this power is boundless, and may em the commissioners to determine what may be reasonable mtes under brace not only the common carriers by rail, but the common carrier the different circumstances, is the correct policy; and that a fixed rule by the road-wagon, by the transfer-wagon, by the omnibus, by the that the company must charge the same rate upon every part of its coach, by the dray, by t.he truck, by the pack-horse, and by the wheel road for the same freight, is not in all cases reasonable. barrow. It may extend to the vehicle or instrument, and may include 'Ve have some bills before this House of this inflexible-rate char the w:uehouse and the depot, and far beyond that, the barn, the crib, acter which it is propo ed to move as amendments to this bill. Those and the field. bills undertake to limit railroads to a uniform rate for the same One cannot contemplate these assumptions of power in the General distance on every part of their lines, which, as shown by this decision, Government without serious apprehensions as to the fate of all our would be an unreasonable proposition. local jurisdiction, and the freedom of individual action; and the _The bill of the committee inaugurates congressional legislation on mere confrontment of the re ults you must reach upon the exercise this question by not too arbitrary legislation, applying the remedy at of such power must show that such "nature and extent'' thereof the start with moderation, and providing for nine commissioners to was never contemplated by the founders of our Government. ascertain and prescribe what may seem to be fair schedules of charges. And, :Mr. Speake!', while it must be admitted that thu railroads While the efficiency and policy of this law are being tested, they :ue of this country have been favored by partial legislation, that they to gather information and present it to Congress to furnish data for et~joy vast privileges, and that in the exercise of them many unjust better legislabion if possible in the future. I shall vote for this bill discriminations, partialities, and combinations, onerous, exacting, and as it stands. extortionate upon the trade and commerce of the country) are made, Mr. WHITEHEAD obtained the :floor, and said: I yield five min that instead or serving the sovereignties that created them, they are utes of my time to ~~~entleman from Tennessee, [1\fr. WmTTHORNE.] lording it over them; and that instead of nsing the privileges con Mr. vVHITTHO~J!J. Mr. Speaker, no graver question has ever ferred upon them for the public good, they, in the interest of classes agitated the councils of the nation than the one presented in the con and sections, are making war upon it whereby millions of tribute sideration of the present bill. The laboring masses of the country are unjustly taken from the producers, yet heeding the reply of these rightfully have conceived that the fruits of their industry are being railroads and putting the matter in a point of view where their de controlled and tithed with unjust tribute to classes who have been fense is justly weighed, and let it be granted that the cost of con favored in the grant of ·special privileges by the legislation of the struction, the cost of maintenance, the cost of service has been and Government. It is proposed by the authors of the present bill to is such that it is not possible, in justice to them, to make any mate redress this grievance by the methods suggested in the bill. What rial reduction in the transportation of the products of the country, are the methods of relief proposed¥ Stated in brief, they are, that what is the remedy Y Will a commission fix le s ratio Y Will Con the President of the United States shall appoint a commis~ion of nine gre s' Will the President? If the raHroa~ companies are right and persons, whose duty it shall be to adopt and fix rates of transporta rates are fixed less, if the power of self-protection is taken away from tion to be charged by all railroads engaged in interstate commerce, them, is not the whole system threatened Y Could the country af and may from time to time change and revise any schedule of rates ford to abandon the railroads' Think for a moment of the number they may adopt. These officers are subject to removal by the President, of miles of railroads, the vast extent of territory, and the number of and the only qualification required of them is that they shall be resi people dependent upon their facillties; how they are interlaced and dents of the different judicial circuits of the United State , and be interwoven with all the industries of your cities, towns, village , and disinterested. Any charge of rates beyond those fixed by the com farms, and then suppose them blotted out of existence; or reflect m1ss1on is declared unlawful, and punished by :fine, &c., unless the aga.in, and ask whether the labor of forty millions of people repre railroad company can affirmatively show that the charge is reason sented from the largest manufacturing establishment in your mam able. This commi ion is to be continued as a bureau of railroad moth cities to the smallest work ·hop in some remot.e village; from statistics, with a secretary. .All these are salaried officers. the wheat-field of the North and the corn-field of the West to the An examination of the bill shows that it is claimed by its authors rice, sugar, and cot.ton plantations of the South, should be made de that an agency or party distinct from the shipper and the carrier may pendent not upon the health of vigorous competition, not upon the inte~vene to regulate the terms of the contract of shipment between thrift of energy, not upon the life of activity, not upon the freedom them. It is alleged that the right and authority to do RO is derived of thought and action of the individuals most interested, nor yet from the power expressly conferred upon Congress hy section 8, article upon the judgment and observations of local Legishttures and courts, 1, of the Constitution, which is granted in these words : butupon the knowledge, judgment, passion, prejudice, and it maybe To regulate commerce with foreign nations, and among the several States, and interests, of nine men who are not anointed by God for the work, with the Indian tribes. but selected by one who is human like unto themselves. I adopt here the words of the report of the maJority of the commit Does not the surrender of this control of all that may a.ppertain or tee, when I say that "in considering the question whether under tllli; be construed to appertain to the commerce between the States mean provision Congress ha.s power to pass the bill reported, it will be nec the abandonment of the great principles upon which republican gov essary to inquire as to the nature and extent of the power conferred ernment is based- " the capacity of the people for self-government Y" thereby upon Congress." In so doing I do not care to examine the Our national life, the pr-osperity of the States, the wealth, comfort, judicial decisions; they have been a.bly dissected· and canva-ssed by and support of the citizens, are dependent upon commerce. Shall all my learned friends from Kentucky [Mr. ARTHUR] and from lllinois, these high interests be placed in the hands of one man, who, by the [Mr. EDEN.] It is sufficient to'say that the precise question has not selection of the instruments of his will, may have autocratic control, been raised before, or decided by the courts. The nature and extent and so may pervert them to their destruction Y Great and serious are of this power is, then, an open question before the people and the the evils which now, by va t and powerful railroad combinations, courts. . obstruct the freedom of commerce between the States; but, sir, can CONGRESSIONAL RECORD. ~f.ARCH 24, anr evil be so serious and so great a.s to demand the surrender of the numbers by the thousancl. Can this state of things exist in har popu]a,r liberties, so serious and so great as to require tllat you hall mony with t.he character of your Government as foundell l>y its penses and profits of the Iill ddl emen. Again, I am persuadeu that under eyes of our constituents, the agriculturists, by taking them through the monopoly that exists in the currency the laborers and producers the conservatory down there, and let them smell a few flowers once of this country are taxed in the support of excessive interest, and in in awhile. [Laughter.] the difference that exists between the currency they sell for and the Thi may be all right, so far as I know. It may be that we need a currency with which they buy, many million dollars. tremendous .Army to keep somebody off; I do not know who it is. It It is your monopolies in the tariff and in the currency, added to the may be that we need a powerful Navy to keep from getting into a expenses of your national and local governments, that create the fight with somebody, as we almost did a little while ago with Spain. great body of the evils of which the producers of the country com It may be that we need all these millions for our Departments, for plain. Let there be reform in your currency, and control your tariff the Pension Bureau, the Treasury and other Departments, and a little and tax laws in the interest aloue of revenue. Give freedom to com for the Agricultural Department-thefewmenoverthereon the Island. merce, retrench the e:Arpenses of Government, and the burdens of This may be all right. But the people out West and down South and which the farmers and laborers of the country complain will become in a few other places, begin to think that the thing is not exactly lighter. Transportation will, by such a sistance as you may legiti an right. . mately give it, and left to the wholesome laws of individmil energy As I said, this matter is attracting the attention of the people all and competition, adapt if. elf to the economy of your legislation, and over the land. These grangers started sometime ago, and there i great become cheap-responsive to the demands of the people. excitement in the Iillnds of the people; there is great thinking and Mr. WHITEHEAD. Mr. Speaker, I know full well that no sub talking and feeling on this subject, more than any other since the ject has attracted the attention of the agriculturists of this land so war, except it may be out in the West, where the ladies have taken much and so often in the last few years a.s this subject of cheap trans hold of the matter of whisky and are raising the very devil out there portation. I am aware, sir, that the great agricultural interests of generally. [Laughter.] It may be that mayproduce somedispersion this country have been overlooked by the national Legislature and by of the amount of feeling excited by this bill. My friend here in front the national Government ; and I think we would do well before we of me, [Mr. SE:r-.TER,] says that the women are coming here to look come to a vote, either upon the bill offered by the gentleman from after Congress. Well, if they are, Congress will adjourn and leave; Ohio [Mr. SMITH] or on the bill before the House reported by the gen that is all I have to say about it. [Laughter.] tleman from Iowa, [Mr. McCRARY,] to look to the real causes that Now this matter of cheap transportation, of what is the cheapest have demanood legislation upon this subject, and have brought to the transportation, of what is the best transportation, of what is the sort support of a measure for cheapening transportation ~uch earnest and of transportation that will relieve the people, that is the question for active advocates a the friends of this bill. I admit, sir, that I have us to determine; whether it is involved in a railroad bill, or a cana,l doubts, and other members on this floor have doubts, ofthe constitu bill, or a bill for opening the mouth of the :Mississippi River. The tionality of this bill; we also doubt the expediency of this bill; but question which is pressing upon the country now is whether this vast I, for one, say that all my sympathies and my entire feeling are with the territory, an empire in itself capable of producing in one year bread parties who are pruposed to b~ benefited by this bill. enough to feed thewhole world for three years of famine, whether that AJ3 I have said, I am perfectly satisfied that the agriculturists of land shall have all its productions cooped up, without the ability to this country have not had a fair chance in legislation. I am satisfied get to a market; whether we on the sea-coast shall pay one dollar or that the legislation of Congress for the last :fifty years ha.s been for the one dollar and twenty-five cents a bushel for corn, while it is being benefit of everybody on the face of God's earth except the tillers of the burned in Iowa for fuel and does not yield its producer ten cents a soil. Whenever a tariff bill was to be pasl:led it was framed and pa.ssed bushel¥ in the interest of the manufacturers and not of the agriculturists. If And it is a question that strikes at the very root of this matter, a steamship line was to be subsidized, paid money to enable it to run, whether this Government has not the power to relieve these masses it was to be run at the cost, by taxation, of the agriculturists of the of the country in this state of suffering and trouble ; whether there country. AJ3 mt friend from Indiana [:Mr. SAYLER] so well sa,id the should arise in the town of P aterson. New Jersey, a.s was the ca e :t.. t • otb.er day, if men of genius are to be paid for their inventions, they winter, the cry for" bread or blood;" whether twenty thousand labor are to be paid out of the hard earnings of the men who till the soil. ing men out of employment should me.et in the city of New York de And if, sir, a little piece of water on the Atlantic coa.st is to be scooped manding wages, repeating the cry of "bread or blood;" whether such out, in the district of my friend before me, [Mr. SENER,] for instance, things as these should happen when there was .being burned in that for the benefit of somebody, it has to be scooped out with the money great western country that which would support life andmakethose of the agriculturists for the benefit of commerce. people comfortable. It is, I say, a serious question whether this Gov Sir, I do not pretend to be a :financier ; I never had enough money ernment and this people, by reason of the barriers of a few mount~ for my own purposes, and much less to enable me to manage other ains separating the great water highways, are bound to sit still and people's; but when gentlemen propose to regulate the :finances of the see want and starvatiOn fall upon laboring men of the East while at country, they have invariably, for the last forty or :fifty years, invented the doors of the farmers of the West the means of sustenance are a system which was to create a monopoly for the capitalist at the abundant. It becomes the wise men, and good men, and thinking men xpense of the agriculturist. The national banks of this land are a of this countrv to see whether some scheme cannot, be devised to monopoly in favor of money, and that monopoly, too, is paid for by the remedy this evil so that the cheap bread of the West may be brought men who till the soil. to the hungry of the East, and that commodities manufactured by Now, sir, of all the patient people upon the face of God's earth, the these laboring men in the East may be carried to those in the West men who have worked this land, who have fought the Indians off of who have bread to give in return. it, who have cleared its forests, tilled its :fields, built up its cities and It almost brings tears to my eyes to have to separate from my friend villages-all these men have been less cared for, more neglected, and from Iowa [Mr. McCRARY] on this subject. I wish I could take him oftener attacked than anyotherpart of the population of the United by the hand and stand up with him squarely for this bill. It would States. They have been patient. They are taxed now two or three do me good. I almost wish I could go with everybody in favor of times, as I happen very well to know, down my way. And it is only opening up that valley of the West. But I think I uan satisfy the • lately that they have commenced to complain; until now, as my friend gentleman from Iowa that one trouble with him in this case is that, from New J ersey [Mr. PHELPS] has said, they have gotten up a few to use the old expression, "he has got the cart before the horse;" that granges once in awhile, and have taken it into their heads th~t they he has started this bill in the .wrong place; that he ought to have can protect themselves. I tell gentlemen here that these millions of water communication in advance of the railroad, the railroad being voters in the United States have become aroused at la.st. Whether they intended to carry the supplies to the water. are heard in the bill of my friend from Iowa [Mr. McCRARY] or in some Mr. WILSON, of Iowa. The railroads will not let us get to the other bill here; whether he has one that will suit them, or whether water. one of my pet schemes about water transportation will suit them ; :Mr. WHITEHEAD. I understand that there is some difficulty in whether the one or the other is what they want, yon may be sure that direction; but I will show you how I think it can be stopped. that they will be heard and will be felt. This thing must be settled, I am not here t.o defend the railroads. These monopolists, who, when and settled now; it will never be quieted again. If the Constitu the icy hand of winter was laid on the Erie Canal, raised their freights tion prevents its settlement now, they will change the Constitution. to extort money from the West, need some regulation. I do not be It is bound to be settled; they will settle it, notwithstanding the lieve it right for them to charge as much for carrying a ton of produce opinions of some gentlemen here or elsewhere. These things will be one hundred miles as for carrying it one thousand. But I know that adjusted, and the men who till the soil will have their fair share in there are some troubles that environ the railroads; that they, like the lcgi lation of this Government which they support. persons in other branches of bnsine s, have some difficulties to con I looked over the appropriation bills the other day, and I found tend with. AJ3 was remarked this evening by the gentleman from Ver that there were 29,000,000 appropriated to run the Treasury Depart mont, [1\fr. WILLARD,] the railroa,ds are not to be condemned wholly. ment up here, to enable it to make paper money. I fotmd, also, that They have done much to build up this country. Undoubtedly they there were a great number of millions appropri ted to run the War have in many cases heaped together money, and sometimes in very Department. Thank the Lord, we have peace now, and I am specially uncertain ways. This way of " watering stock" is hardly a fair thankful for it myself. Then there wa.s another large number of mil thing. [Laughter.] They b.ave made combinations; they have formed lions for the Navy Department, although, a some gentleman _said what they call commercial connections ; and in all these combinations here who knows more about it than I do, they did not have a ship they have gathered a, power that has taken charge of some Legisla that could keep the enemy out of New York Harbor. And then there tur-es, and has even knocked at the door of Congress and circulated was $123,000 to keep up the Agricultural Department, to furnish us through these lobbies a great deal oftener than was safe for men with set:ds, and I expect they will cut that down before they are done who had not strong backbone and a good deal of honesty. It is a part with it. That Department is used to a great extent to throw dust in the of their polioy to form their combinations by which to control States, 2428 CONGRESSIONAL RECORD. MARCH 24, and if possible control this central Government. I shall, however, favor of through freights. The discriminations :ueinfavor of freights return to the the maximum mte for • but n~w when a man, especially a politician and a ~ongressman,,be freight. You allowed them to charge whatever they pleased. It is comes disturbed in any way, he puts hay- eed on his head and gmls unfortunate that you did so. That is all I ha;ve to say on that point. his loins with a sheep-skin. [Laughter.] You, by your Legislature1 said to a company of gentlemen that if Now I am not going to raise any row with the grangers. There they would put their money into the enterprise, if they would build are so~e uf them, I believe, down my way. I have heard that they a railroad, if they would spend their money to build it, you would recently held a meeting not far from my ection of co~try . I ':ish aJlow them to charge three cents a mile for passenO'ers and two cent to read a resolution adopted by the farmers' conventiOn-I believe a. ton for freight. They put their money in upon that guarantee and they called themselves grangers-held in December, 1873, in Decatur, built that railro:1d. Now you tell them they shall not do that. ·why, Illinois: sir, you would break any railroad on earth if that were to be done. Resolved That the existing railway legislation should be sustained and enforCed And there is the wrong in this whole thing. until thor~ughly tested by the courts; that we oppose any legislation by Congress Take the case of the Virginia Midland Railroad, the Alphabet Rail under the plea of regulating comn;ter~e between the State whi~h s~an deprive road, as they call it down there. This railroad was built by the stock the people of their present controlhngmfluence through State legislation. holders, and the ~tock is not worth more tban fifteen dollars, instead I have also here a resolution of the Stat.e Grange, Patrons of Hus of being worth fifty dollars. Very little stock which was put into bandry, adopted at a meeting at Boonville, Missouri, commencing any railroad is worth anything. The man who is the mortgagee is the February 18, 1874, and concluded February 24. The committee on man who makes the money. The original stockholder hardly ever transportation of that meeting unanimously adopted the following makes anything by holding tbe stock. It was provided in the charter preamble and resolution: . of the railroad that if the stockholders would go and build the road Wherea-s we deem the facilities afforded by our present system of railroads inade they should be allowed to charge four ce1;1ts amileforpassengei and quate to the transportation of the a~ricultural producw of theWest to the sea-board; so much for freight. That was the maximum rate which was fixed. and whereas for the wa.ut of suffiment competition railroad companies are disposed to extort rates of freight which are unjust and oppressive: Therefore, This permitted them to charge for through freights as much less as Resolved, That we appeal to our State legislators and Representatives in Con'P'ess they plea ed. It was provided, however, they should charge only o to use their influence to secure the improvement of the n..'tvigation of the Missis much for passengers and so much for freights. But they were not sippi Riv,er and its principal tributaries by the national Government. allowed to charge anythin~ beyond that. Thus it appears that these Missouri grangers have made up their Now, if the money was mvestecl by the people who loaned it to minds that water transportation is their secure and abiding refuge; build that railroad, I woulu like to know whether it is not a viola and I agree with them on that subject. These Illinois grangers have tion of their rights to say that Congress should step in and say, "It said that the Legislature of Illinois has a conirolling influence over is true the State of Virginia induced you to invest yom money to build the railroads of that State sufficient for their protection. that railroad, and you built it, and they guaranteed you so much for My objection to this bill is that even if the system proposed can be freight, but Congress now says you shall not have any such sum, but perfected and carried out to the fullest extent, it will not give such shall cut down yoUI' rates." transportation as is expected by my friend from Iowa, [ Ir. McCRARY,] Mr. WILS01: , of Iowa. Will the gentleman allow me to interrupt and those who stand with him on this subject. If I had time I could him for a. moment show-! will take time anyhow, [laughter;] I can how-by statistics :Mr. WHITEHEAD. Certainly. th t a bushel of wheat can be carried only nineteen .hundred and Mr. WILSON, of Iowa. I want to put this thing on a square basis. oig ty miles before it is eaten up by freight, without counting any \Vhen those companies built those railroads in Iowa the State reserved • of the little charges for shipping, handling, or anything else. iu so many words the right to regulate the rates of transportation for By water it can be carried profitably fifty-fom hundred miles, still freight and passengers. Now, then, we can do that to the State line. leaving sixty cents per bushel to the producer. It is not destroyed These railroads were built as Iowa railroads; but they have now by carriage by water under nine thousand miles. become connected with the through raih·oads, and are controlled by A bushel of corn, as a matter of course, can be carried but one men living out of the State. The State can regulate the rates to the half as far. So as to iron and other heavy freights, produc~s of the State limits; but nine-tenths of all our shipments are from points in field and mine. These heavy freights are destroyed by any carriage the State of Iowa to points outside of the Sta.tc; consequently it is except water carriage, to any reasonable distance. These tables were not State traffic any more, but becomes interstate commerce~ ancl is ma.de up by the late Commodore Maury, who knew what he was about. outside of the jurisdiction of Iowa. And unless Congress gives us He states that by the old-fashioned wagon a bushel of wheat can be relief, what are we to do carried three hundred a.nd ten miles, and is then destroyed by the lt:fr. WHITEHEAD. I thought the gentleman's difficulty was this: charge for transportation. that he was not troubled about the price of a ton of wheat, or a ton . If that be so, then, for long distances in the West, these railroads of bacon, or a ton of auy other freight from Iowa to Chicn,go or New are unable to carry freights and make money. If that is so, j ust se~ York, because in most instances, it is said, with ra1·ely an exception, the position of ono of the long through railroads under this bill. the through freight is cheap enough. I suppo eel Ill trouble was in Every one knows that a bushel of wheat cannot come from San Fra.n regard to the discrimination against the way-stations, which wonlll cisco to New York and pay anything. It would be eaten up before not let my friend get to the Mississippi River to put his wheat in my it got half way. canal-boat. lf this bill undertakes to regulate produce carried on any one of the Mr. WILSON, of Iowa. Exactly. long lines, and allows that railroad any profit on the actual cost of Mr. WHITEHEAD. Now, if in the gentleman's State they wi ely making and running that road, then it will allow the railroad more than reserved- as we did not reserve-the right of regulating the rates of • it now gets. For, Mr. Speaker, I undertake to say these long lines of transportation of freight and passengers within the limits of their railroad carry through freights, where there is competition, instead State on their railroads, they have the right to make the railroatls of at a profit, really at a.lo sto themselves. I have here the report of carry the gentleman's freight to the Mississippi River at a. fair price the great Pennsylvania Railroad, wherein it is stated that they carry and put it on my boat. through freights at much less than heretofore, decreasing every Mr. WILS01: , of I owa. Yes, sir. year. Why do they do it! They do it for the purpose of competing l.Ir. WHITEHEAD- Then you n,re all right; you are not hurt. with other long lines. As the gentleman from Vermont [Mr. WIL Mr. WILSON, of Iowa. The mischief is that during the winter L4RD] said to-day, they make it up, however, on local freights. It is months, when fm,l.l'-fifths of all the surplus products of Iowa are dis stated as a fact, in my own State, that the Chesapeake and Ohio posed of, the boats cannot run, because of three feet of ice on the Railroad is carryin(J' cotton from Huntingdon to Richmond, Virginia, river; and we have got to go down through lissouri, and, of course, for twenty-four dollars, when it is known that it costs more than that the State of Iowa cannot control anything in Missouri. to do it. Why does it do it' Because the competition up tbe Ohio .Mr. \VHITEHEAD. Dicl the gentleman not hear wh&t I rea.d as to Pittsbmgh, aml by the Pennsylvania Central Railroau, compels having been said by the grangers of fissouri as to what they were transportation at that price, or that railroad would have to do with willing to do' I had thought that the great difficulty with the Iowa out it. men was to get at water communication at reasonable rates. Now, This is all the result of competition. Therefore, in reference to the gentleman says they have got that fixed in the best possible man railroads in the West, in my own State and all over the country, the ner by the Legislature of Iowa, and I do not think he is at all a bailly complaint is not against exorbitant charges for through freights, persecuted as I had thought he was. I take back what I said, for I but the complaint is general of discrimination against local freights. tind they can get to the water. The complaint is that they charge more for local freights than for Mr. WILSON, of lowa. We can get to the ice. through freights. Take the case of the people of my friend from .Mr. WHITEHEAD. True; the ice being there he says they have Iowa [ :fr. WILSO.c ] who sits near me. Suppose he wishes to ship to to go into the State of Mis ouri. Well, I want to show how this bill tl.te Mississippi River. We all know that they will charge him the does not get you out of that trouble. I find one provision in tho bill, same as they would charge him for freight to Chicago. And why which, if I had had the making of it, I would not, have inserted Because there is competition in transportation to Chicao-o, while there in it. I~ looks like the work of my friend from Iowa, [Mr. McCRARY,] is no competition in carrying freights to the Mississippi River. The for whom, however, let me say, I have not only the greatest respect, railroads discriminate against freigllts to the Mississippi River and in but a great <.leal of affection. It would appear that he had somo 1874.. CONGRESSIONAL RECORD. 2429 constitutional scruples at this point; and that, perhaps, would not a year each, with t he Lord knows how many clerks and attaches, and be surprising if he used o be an old-line democrat. He fixed this up the railroads get hold of them, then where is the country, where are very well as far as going through States wa-s concerned; but when he the people, where are the grangers' [Laughter.] got down there he wrote the e memorable words: One bla-st upon their bugle born, But this aet shall not be oonstrued as extending to or affecting such oommerce as Were worth a thousand men. is actually and in good faith oompletely internal within any ono of the several States. Now, I am not speaking of what is impossible, nor am I supposing, Now it looks as if the gentleman was a little afraid of interfering in the present virtuous condition of this country on the subject of with the States. Local self-government is becoming to be a little money, what is improbable. I say that it is in every newspaper in popular. People have dropped the old expression "State rights," and this land, that it is in almost every speech made, that these rail call it" local self-government." My friend from Vermont [Mr. WIL road monopolists, who are fattening upon the sufferings of the people LARD] said that the doctrine had not been wiped out by the ar, but and the hard earnings of the laborers of this land, are gathering the that the name had changed. moneypower and the political power, and wield it for their own benefit Mr. SENER. Which has been very well vindicated in Virginia. and against the interests of the people ; and here is a proposition to start Mr. WHITEHEAD. We are sound· on almost everything on the up nine of these railroad kings. They might be very pious men, and face of the earth down our way. [Laughter.] then they might not. The Pre ident might v.ppointnine first-rate men. ·well, now, is there a man in this House who does not recollect the I expect he has done that many a time in the last six or seven years; working of the old railway system. A man started from home. Let no doubt he has. But, then, he mightnot do it again. It seems that us suppose it was my friend from Iowa J At the first station he reached sometimes he appoints men t.hat the Senate thinks are not half a-s beyond the State line he would have to run outwithhissatchelin his good as he thinks they are, and then they have to go under. What hand up to a ticket-office to buy a ticket for the State of Illinois. sort of canal commissioners have you in New York'? · Politiciu.ns, And then when he got to the end of the State of illinois, he would nominated and elected by the party. come to another railroad, and he would have then to run and buy him Now when these commis ioners come to be appointed, is there a man another ticket to carry him across Indiana; and by the time he got to here that will tell me that there will not be many Congressmen and Washington he would have bought half a dozen different tickets and many politicians pulling and hauling his Excellency the President of have run himself nearly to death in getting them, so as not to be left the United S1 ~ ates, and insisting that this gentleman or that gentle behind by the trains. man is a most excellent man for a railroad commissioner . That may · So, too, when he shipped his goods; if he shipped them from Iowa, not only happen, but it certainly will happen. The railroad managers he shipped them to a commission-merchant, now called by the gran of this country will be behind the scene-s, and a great pressure will gers "a middleman," who charged him for receiving and forwarding be put upon the President, and there must be a better man there as them, and for storage for what he never stored at all, and charged President than we have had since General Washington if he can resist him merely beca.use he had to reship the goods at Chicago; or if he that pre-ssure. was sending them by Cincinnati, there another middleman got hold These are not the days when men are not susceptible of the influ of them and charged him for receiving, and forwarding, and storage, ences of their party; these are not the days when men are not suscep and by the time the goods reached New York they had pa sed over tible of political influences. If I knew that to-morrow a man from numerous railway chartered by the States, with separate sche(,lules, my party, selected from the conservative party of the State of Vir and he had paid a large amount upon his goods and ha-d nearly run ginia, would be made President, I would say that he should not have himself to Mr. WHITEHEAD. ,Except where the charters :fix the maximum Mr. G. F. HOAR. If the railroad company did not charge more rates. than that- • Mr. G. F . HOAR. H the commissioners :fix the rates less than the 1\lr. WHITEHEAD. Suppose the railroad cha;rged exactly that milroads wish to have them fixed, then the railroad would have the rate'? right to go to a jury, and if the jury refused to sustain the decision of Mr. G. F. HOAR. Then the individual would not be entitled- the commissioners, then they must come down in those rates. Mr. WHITEHEAD. To any remedy. Mr. WHITEHEAD. Yes. :Mr. G. F . HOAR. The individual would not be entitled to any Mr. G. F . HOAR. But if the comm:i ioners shall fix the same rates remedy which this bill provides ; but he would be entitled to just which the railroads have :fixed, then the· public is just where it is now. such remedies as he would have had if the bill had never been en 1\:fr. WHITEHEAD. That is what I say. acted. In other words, the commi ion, in fixing a rate, simply l\fr. G. F . HOAR. They would be in every respect as they are now. authorizes au individual to give that rate in evidence on a trial in There is no change whatever if the commissioners do not reduce the the United States court for extortion under tbis bill, and the railroad rates. company, unless they could sati fy a jury that the commission had Mr. ·wHITEHEAD. There is no difference, as I say, except the fact fixed the rate too low, would b held guilty of extortion. The reme tha.t by this bill you have legalized this robbery. That is the only dies or the rights of a party in such circumstances would not bo difference. But I show yon "a more excellent way," in this : that if changed at all. you put your hand to the plow and open water communications with lfr. WHITEHEAD. I hope the gentleman will permit me to go the ·west, you then have a mode of transportation which can, by its on with my argument. cheapness, compete with the railroad, so as to make money, and still [Here the hammer fell.] bring about a reduction of freights. This is the remedy which I Mr. SENER. I hope my colleague [Mr. WmTEIIEAD] will lJe SllO'rrest. granted au extension of his time. He ha been very much· intcr f~oncede that in the case supposed by the gentleman from ·Massa rupte!l. chusetts the parties would perhaps be no worse off; but we would The SPEAKER p1·o ternpm·e. The gentleman's time can be extended have legalized robbery by tbis bill. The parties would be at the mercy only by unanimous consent. of the railroad just as they had been. This bill offers no remedy. I .Mr. SENER. I ask for unanimous consent. am going to offer a remedy; I have not yet spoken of my remedy ex The SPEAKER pro tempm·e. How much time does the gentleman cept incidentally. This bill gives no remedy. It leaves you precisely desire'? where you were at first. Mr. \VIDTEHE.A.D. I suppose that fifteen minutes will be suffi 1\Ir. G. F . HOAR. The bill does not legalize any improper charge cient. by a railroad company. . Mr. FORT. I clo not wi h to.interpose any objection; but it seems ~lr . WHITEHEAD. By this bill you undertake to set a-side the to me that fifteen minute , added to the time the gentleman has charters granted to the roads by the States. The railroad charters in already had, would make it rather late for others who wish to speak. certain States provide that the companie shall charge only so much Ir. WHITEHEAD. I simply want to close up my argument. per mile as the maximum. You undertake to say that this commi - Ir. SENER. I hope my friend from Dlinois [Mr. FORT] will not sion may fix the price of tran portation 'vithout regard to that maxi ouject. His time was extended by unanimous con ent several Satur mum, without regard to charters or State laws or acts of the State days ago. Legislature; you provide that this commission shall have absolute Mr. FORT. I certainly do not interpose any objection. power to fix the rate of freight. Now, if the maximum provitled by 1\lr. SENER. Then I hope my collea.gue will be allowed to pro the charter were less than the rate fixed by the commissioners, the ceed. people would be damaged. That is one instance in which they might The SPEAKER pro tempoTe. The Chair hears no objection; and tlle suffer from the bill. time of the gentleman from Virginia is extended for fifteen minutes. Mr. G. F . HOAR. I am quite sure that the committee do not so Mr. WHITEHEAD. Now, Mr. Speaker, as I have already said, we understand the operation of the bill. are brought to two conclusions by this bill. If the ra.ilroads do not Mr. WHITEHEAD. Now let me ask the gentleman :1. question, so choose to accept ~his when it shall become the la,w, then they will go that I may put myself right. back to their old system and put us all to the greatest inconvenience. Mr. G. 1<'. HOAR. Certainly. If you fix the charges higher than the charges they are now able to Mr. WHITEHEAD. Does not this bill in so many words provide maintain, they will of course accept the bill, and we will be bereft of that these commissioners shall fix the rea.sonable rate of compen all redress. You will then take away the right of men to go into sation t.o be paid on any railroad f the courts to contend for their rights. Then when freight is to be Mr. G. F . HOAR. It does, but it does not give the railroad com shipped from Norfolk to Memphis it will be sbipped under this bill. pany any affirmative authority to charge that rate. It simply pro It will be interstate commerce controlled by this bill, and the party vicles that in a suit between a railroad company and an individual to would be bereft of his right to contend that the railroad should be determine whether the la.tter has· been charged in excess of -a rea on rest1icted to the terms of its charter. That clo es that part of the able price, the schedule fixed by these commissioners may be given argument. in evidence; and in that ca e the burden of proof ~ changed. That I have another objection to this bill, and it is a -real objection. H is the whole operation of the bill. it should pass and become a, law, it will, in m;v judgment, be a source l\11-. WHITEHEAD. Let us see whether tha,t is so. Let me refer of endless litigation. The party under this now has his remedy to the bill. It provides that a schedule of rates shall be posted up, so against a railroad in the United States com'ts. H the railroad violates that the public may know precisely what are the rates :fixed by these the law and the party is damaged he must sue for redress. Now, if commissioners as those which the railroad may,charge. If the bill you in the West have bad the same experience we have had in Vir does not vest in the commissioners the right to authorize the com ginia in ~:~uits against railroads, you will have found out that it is bet p[mies to charge more than the charter ra.tes, what does it do '? Does ter to lose a small amount than to have any contest with railroads at the gentleman say that under this bill a railroad company cannot all. Indeed, in my judgment, if they have shown any omnipotence, charge more than the charter rates'? it is in the way they carry on their ia.wsnit . They always manage l\Ir. G. F . HOAR. I do, most distinctly. to get tl!-e very best counsel, and in all case , whether large or small, :Mr. WHITEHEAD. The bill does not say so; there is not a word trivial or otherwise, they manage to defeat the poor man. of that kind in it. It provides that the prices to be charged by tbe Now I propose a remedy. What is the real remedy for this great raih·oads and the rea-sonableness of them shall be ascertained by this outcry on the part of the agriculturists of the West I am satisfied commission; a,nd thou~h the railroad may charge more than the that the West desires this tbing. I am satisfied that there is not a cha.rter rate, this comrrussion has the absolute right to say the charge more earnest man on this subject than the gentleman from Iowa, is not unrea.sonable. Why have they not the 1ight to say, if they [1\Ir. McCRARY.] He believes honestly there has been a persecution choose to do so, either from corrupt motives or otherwise, that a dol of his constituents. He desires to relieve them not only in this, but lar a mile is not an unreasonable charge'? in all other ways. I am also satisfied after repeated conYersations Ir. G. F . HOAR. Suppose a railroad were chartered by the State with the other gentleman fTom Iowa, [1\fr. WIL ON,] that the agri of Virginia, with a limit on its charge-s-- culturists of the West have not a more earne tor an abler worker in Mr. WHITEHEAD. That is exa.ctly how they all are chartered their behalf. I believe, however, they are in danger of injnring i heir with us. constituents by this measure. The :first result of the passage of this MT. G. F . HOAR. .A.nd suppose that the railroad commissioners, on bill will be to have it hung_up in the Supreme Court for three years. a healing of the railroad companies and of the public- of all parties You will then strike down the water-lines and leave yom· people for interested- should fix a higher sum over a certain portion of the route three years without any means of transportation. - than this Virginia statute had fixed. A man who might complain that Let me state my own view of this question. I am afraid of the tho railroad company charged biro too much would not, of course, railroad power. I am afraid it is another instance of the old fable of h ave the special remedy which tbis bill provides; but he would have the fox and t~e flies. I am afraid it is another ca e of the frogs wl.lo every remedy he had previously enjoyed. He would have the right prayed for a king, and that they will get such a. king doWJ1 upon them to insist on the limitations of the charter; ancl the authorities of Vir to crush them under his weig-ht. I am afraid that in attempt.ing to giJJia. could proceed l>y q1w wan·anto against the company. e cape Scylla they will run mto Charybdis. I am afra,id that in au Mr. \VHITEHEA.D. Suppose the commissioners should decide tha.t effort to escape railroad monopolies the agriculturists wm be given for shipping freight from Norfolk to femphi a railroad company over into the hands of t he moneyed power, contrQ]led by the raili·o:u1s might charge ten cents p r mile per ton; is there any remedy against themselves corrrrpting the count;ry and apping the vit-als of the agri that Could not that be done under the bill' culturists of the land. That is what I am afraid of. When they get ~ ~ ~ 1874. CONGRESSIONAL RECORD. 2431 the power they will see that no canals are built or rivers improved. should have kept up the canaJs and made the railroads feeders of They will put a stop to competition. When railroad political influ those channels of water communication. If we had spent some of ence is in power there will be an end of water communication and our money in improving the channels of water communication wit h cheap transportation. the W est, we should not now have had this cry about the difficulty of I will tell yon what I think ought to be done. Let the energies of getting bread to the East. the people of the East and of the West be concentrated for the purpose In my State we cannot afford to raise corn at a cost of ninety-four of opening up great lines of water communication. Let us open the cents the bushel. It will pay us better to raise tobacco and fruit. mouth of the Mississippi. Let us improve our great rivers. Let us In the East.ern States they can buy grain brought by railroa-d from build :t canal around the Falls of Niagara. Let us complete the James the West cheaper than they can raise it. .A.nd I tell the gentleman River and Kanawha Canal, and build a canal through Upper Georgia. from Iowa., [Mr. McCRARY,] the chairman of the Committee on Rail Mr. GUNCKEL. How much will all this cost Y ways and Canals, that if these internal communications by water are Mr. WHITEHEAD. I do not care how much it will cost. When made, and iftbey do not sncceedin giving all the relief required, then it is done it will be money in the pockets of the people of the United I will join him in giving relief in the way he proposes, and will go with States. I do not believe in the doctrine taught here by the gentle him to amend the Constitution and make his bill constitutional. man from Massachusetts: [Mr. DAWES,] chairman of the Committee I say you are entitled to relief and should have it, but I think you on \Vays and Means, that economy will pay a negotiable note when are going the wrong way to get it; a way by which you will get the days of grace have begun to run. I do not believe in saving the int@ the hands of these monopoliRts, and be ruined in the end. Government by attempting a system of economy which turns the If I had time there are other points I should like to remark upon. weeping women clerks into the street without employment. I do not I will say this : that I understand the board of engineers have re believe in any such economy which only cuts down the wages of the ported that the J ames River and Kanawha Canal is not only practi pages around the Capitol. I do not believe the Government is saving cable but may be constructed at a reasonable cost, with an abundance anything by merely cutting down the wages of our door-keepers. I of water. And if you get that, there will be no cry of" bread or blood" would rather spend more money on works of improvement to pay for in New York, and no burning of corn, which my friend from Iowa honest labor. I believe that it would be true economy to spend the says takes place in ills country. Why should the people there burn money of the Government for labor in opening up these great lines their corn when we cannot get enough to cat of water communication. If we do that we will bring back to the l\fr. FORT. Mr. Speaker, if gentlemen of the Honse can be lurecl Treaanry a thousand dollars for every one expended. back from the delightful railroad excursions upon which the gentle I do not care even if it were to cost $500,000,000. The people of the man from Virginia [Mr. WHITEHEAD] has been conducting them in West are entitled to it, I do not care what it would cost. It is-an in his own fancy for the last hour and a half, it might be well to turn to vest ment which will be of itself much bett~ than building up a Navy, the consideration of the real questions before the House, and see what and much better than giving 1,000,000 for the purpose of patching we may do to enthrone reason and justice. up these old forts aJong the sea-coast. I see that it is proposed to The flow of emigration to the broad interior of our country and r ebuild Fort Sumter, which was knocked down during the war. 'Ve settlement there have found and developed measureless resource , and knocked it down, and now it is proposed to build it up again. I am have brought forth rich productions in amazing quantity, which with oppo ed to spending millions of the people's money for -the purpose of increasing volume now seek the quickest and cheapest route to the patching up these old rotten forts. There is to be no more war; and sea, where they can embark upon that broad and untolled highway even if there is, we do not want any more forts down our way. Men leading to all the markets of the world. take money in this way, and cut down the appropriations, and say For the first time, Mr. Speaker, as I understand it, the inland com you have not got enough money to make these improvements. I say merce of the country, as borne upon wheels, is before Congress in due the danger is in men like the chairman of the Committee on Appro form for recognition and regulation. With modest yet earnest appeal priations, who stand up to fight all progress. The danger is not in this subject of vast concern is presented, and attention demanded. the ability of this Government to build these lines and improve these All sections of the country, all parties, all classes and callings and rivers. The danger is that men will be controlled by party ideas to avocations of citizens, are interested. vote against necessary appropriations of this kind. I am not one of Our inland commerce is already great, is rapidly increasing, and at t-hose men. I will vote for these improvements without caring whose times threatens to gorge the ~resent natural and artificial avenues party it hurts; for the people in the West, I say, are entitled to some open for its transit. consideration. The overland or interstate carrying business has become second to One gentleman debating this bill said that the closing of the mouth no other enterprise in magnitude and importance. And, Mr. Speaker, of the Mis is ippi River was what raised the strong arms -of the west it is believed to be now necessary to regulate tho e engaged therein ern men in what yon call the war of the rebellion. I have a Jjght to by law; and indeed this may not seem strange, when we remember speak on this subject, for I felt something of the strength of those that the human family is not perfect, and inasmuch as the members strong arms, and know something about it. I tell you they are the of the family who· engage in the transportation business have not men who saved the Union, and, as I have said, they are entitled to heretofore manifested virtues beyond· the average of the brot.hers some consideration. engaged in other enterprises. fr. GUNCKEL. You say we c.all it thewar of therebellion. What When we look for authority, Mr. Speaker, to regulate this inland do you call that war 1 commerce, now carried on by rail, we find that in all its e sential re Mr. 'VHITEHEA.D. I do not call it at all now. [Laughter.] But lations and qualities it is not unlike other commerce as now and here • I say these men are entitled to consideration. The agriculturists of tofore carried on~ this country. the Wet have had, as I have shown, neglect and taxation. They We find that our fathers had difficulty with domestic commerce are entitled to this improvement, becau e it is about all they ever during the existence of their Confederation. Under that form of asked. They have paid the customs duties. They have pa1d the Government each State regulated commerce for itself. And, for the monopoly in favor of banks. They have paid the tax to the in most part, such regulation operated injuriously, and at times threat ventor and manufacturer, and have not grumbled. .A.nd now-if I ened to destroy their amicable relations. may be permitted to speak once in awhile myself for republicans in This demonstrated the imperfection of their bond of confederation the West-they are asking to have cheap transportation. And my and t&ught them by le sons of experience that the power to regulate frieml from Iowa [Mr. McCRARY] is trying to give it them in the internal commerce ou~ht not to be exercised by any State, but should wrong way. I wish to give it to them by a sure method, costing two be delegated to the u-eneral Government. And when they came to mills a mile from Omaha to Norfolk. frame the Constitution and establish the Union of the States, they in !l~r . McCRARY. Does _the gentleman mean to say that I 'hlD. op section 8 of the first article affirmatively committed eighteen subjects po mg cheap transportatiOn by water? to Congress. By the third of these in their order they declare that- Mr. WHITEHEAD. No, sir; I have not said so. Congress shall have power to regulate commerce with foreign nations, and among 1\lr. McCRARY. I hope the gentleman does not consider this the several States, and with the Iildian tribes. mea ure antagonistic to what he proposes. In the next two sections of the same article they enumerate fr. WHITEHEAD. Not at all; only I think ths gentleman iRa the subjects over which they forbid Congress to exercise power. To little mistaken about the value of this bill. I am satisfied that the gen regulate commerce among the several States, it will be een, is spe tleman is as earnestly and as honestly engaged in trying to get cheap cially,positively, and affirmatively granted to Congress, while the sub transportation for his constituents as any man on this floor, but I ject is not alluded to among: the matters over which the power of think he is mistaken in his remedy. I believe it will prove a reed Congress is denied. that w ill pierce through his own hand. I believe it will prove, if he It may then be inquired what this power to regulate commerce gets it, a fruitful source of litigation in the courts of the United among the States means. Judge Story, in his Commentarie , defin es Skttes; while if all our energies were put forth on the question of commerce to be and to comprehend, "every species of intercourse op ning the 1\fis issippi and its tributaries, connecting the East and between nations and among the people of the everal States, includ We t by water, we would. have a competition which I could show you ing not only all traffic and merchandise and pr@duction, but pas would reduce the rates on the e railroads so that they will carry sengers and travelers also." And the same learned commentator, frei ght, as the Pennsylvania Central is now doing, at-as low rates as also defines the word "intercour e," u ed in the definition of commerce. they can possibly stand. He says that "foreign anrl domestic intercourse has been universally This committee, in their report, say that canals cannot compete understood to be within t he reach and power of Congres ;" and that with railroads. I say that the canals were foolishly thrown away "the terms of the Constitution are at all times understood to include f!omc years ago. W e were like little boys playing marbles who throw power over navigation as well as trade, and over intercourse as well away one sot of marbles for other toyt:~ of a different fashion. 'Yo as traffic;" and that " in the practice of other countries, ancl o pooialiy 2432 CONGRESSIONAL RECORD. MARCH 24, in our own, there has been no diversity of judgment or opinion." By In taking this position my colleague amazed me. He admits the which it appears that Justice Story understood this power to extend power, and then says, to prevent extortion and. to limit charges to rea to passengers and travelers as well as to trade and merchandise. . sonaule rates is not a legitimate exercise of that power. The Supreme Court say in the case of Veaziet:s.:Moore, (14Howard's He distinctly admitted in debate, and is so recorded on page 16 of Repprts)- theRECORD of March 15, Hl7 4, that Congress has the power under t.he That commerce in its broadest acceptn.nce embraces not merely traffic, but the Constitution to enact the pending bm illto a law, and then deelarefl means and vehicles by which it is prosecuted. that Congress had no authority to exercise that power. This isindecd Justice McLean says- new doctrine to me. He must presume this power to be dormant. By what rule may we know what power is dormant and what baa vitality~ That transportation is a pa:rt of commerce, is no longer an open question. Only the other day some one on that side of the question was labor Chief Justice Taney says : ing in profound argument to prove that although it must be admitted It has always been admitted in the dlscussi CONGRESSIONAL RECORD. 2433 relating to anot:Qer road, which I und,erstand is true, yet I have no the citizens of any State may tra-de and traffic and carry and extort personal knowledge of the facts therein stated. among themselves to their hearts' content; nor can the stranger that The Clerk read as follows: goes within their gates claim any protection under this bill. It is In regard to the watering of stocks, tlie obligations of the New YOTk Central tho e corporatioM and individuals of the States who choose to go and Hodson River Railroad at thi time amountl to about 90.000,000, while it beyond their boruers and engage in carrying the commerce of the is susceptible of proof thllt the total· oost to it stock and bond-holders was less country which pertains· to no one State that may be regulated under than t,l5. 0{)0,000. Etght per cent. dividends are regularly paid on the former sum, this bill. When corporations or· individuals leave their own State and thus imposing an annual burden on commerce. on $65 000,000 of fictitious capit.al, t th 1 fi lrl ....c +-~ b k · th · amounting, at 8 per·cent., to over 5,000,000. 'l'he outstanding obligations of the en er e genera e ""'u.t commerce lN em ar m e carrymg trade Lake Shore and Michigan Son_tbern: Rail.road now amount• to about 75,000,000, for gain and profit, theh they ought to be governed by some general for which not more tha.Il ?5 , 000,00~ wePe ever pai!l by its st{)ck and bond h-olders. and uniform law. · The watering of stock, in one form or another, has been practiced by nearly all of State sovereignty, as I have always understood it and re pected it, the principal companies in this country, and· it is estimated that about one-third t hin of all the stock of railway eompames in the Unite 'talks so much about. But, Mr. Speaker, I did not and do not pro time being, seem to commend itself to public opinion, can be carried out by con gressionariegislation. poe to discuss political parties. Other gentlemen may see some When a proposition is gravely presented to the consideration of the American political significance in this measure, I confess I cannot. My friend Congress to place under the control of the President of the United States the larger from Virginia seems to be waiting for such questions in every thing portion of the internal commerce of the country, we may well be alarmed a..'l to that comes up. what may follow. · I understood the gentleman from Wisconsin [Mr. ELDREDGE] the Mr. FORT. I do not feel so despondent as my colleague. I trust other day to doubt whether the burden of proof could be shifted in he willcheerup. The objections on this ground, however, areworthy this manner, but he could hardly have been in earnest. It would be of consideration, and, if possible, I would concede some amendment. strange if the law-making power could not make or change a rule of The committee that iliafted this bill is able, and they have been faith evidence. Sir, there is nothing new in providing that the certified ful in their labors. The bill is good, and I shall vote for it whether schedule of these commissioners, made under oath, should be received amended or not. as pri11ta facie evidence. In a thousand ca-ses the certificate of a sin But with a friendly purpose, and to obviate in part, if possible, the gle officer, and often not even under seal, is received in evidence p1'ima objections raised by my colleague and others, rather than my own, facie, and thus shifts the burden of proof to the other side. Often it I will propose for the considera,tion of the committee, and of the happens that an instrument of writing which sometimes turns out to House, an amendment. And as I will not be able to get the floor at be a i:orgery is admitted as pri11ta facie evidence, and thus shifts the the proper time, I will submit it now. burden of proof. I would strike out sections 3 and 4 of the proposed bill, which the I can see no hardship in this part of the bill. If this certificate .is Clerk will please read. false or unfair, it will be the easiest thing in the world for these The Clerk read as follows: railroad corporations to make it so appear. Their arguments on this SEc. 3. There shall be appointed by the President, by and with the advice and CQD· portion of the bill are artful and ingenious, but are without founda sent of the Senate, a board of railroad commissioners, which shall consist of nine tion. There is no legislative power committed to the commissioners. members, one of whom shall be selected from, and be a resident of.' each of the judicial circuits of the United St.ates. Said board shall be comJ?osea of disinter· They have no absolute power. Their action is not final. Their office ested persons, and no person shall be a. member thereof who 1s in any manner is to collect information and evidence, to digest, codify, and put it into interested in the stock, bonds, or property of any railroad or other transportation form, and to certify.to it under oath, for the use and convenience of company; and the duties of said board shall be as hereinafter provided. such as may wish to contest the right of a person or tailroad corpo SEc. 4. That the members of said board shall hold their offices for a term of six years, and until their successors are appointed and qualified, unless sooner removed ration to collect unreasonable and extortionate toll. by the President; and they shall r eceive, as full compensation for their services, ihe If there be any question in this whole matter, it is as to the power sum of $4,000 per annum each, and their actual and necessary traveling expe:Q.Bes, of Congress to exercise any restraint whatever upon the charges of to be stated under oath, and audited as the Secretary of the Treasliry may direct. a common carrier of interstate commerce, or to apply the principles .A.t the first meeting of the board after their appointment they shall divide them selves, by lot, into tliree classes. The members of the first class shall continue for . of the common law to those engaged in transportation, and limit two years; of the second class, for four years; of the third cla-ss, for six years, so charges to reason. I entertain no doubt. that one-third may be appointed every second year; and whenever vacancies shall Gentlemen have admitted and precedent ha.g sett.led the policy that occur in said board the President, by and with the advice and consent of the Sen ate, shall fill such vacancies by appointment for the unexpired portion of said Congress, under the power to regulate commerce amona the States, term . can prohibit the employment of persons as engineers, pllots, or cap .And in lieu of them insert : tains who do not possess certain acquirements. It would seem to There shall be established a board of railroad commis ioners, to consist of one require no greater exercise of power to provide that a person should member from ea.ch State of the United States. The members of said board shall be appointed by the President, by and with the not be allowed to demand an unreasonable compensation thtm it advice and consent of the Senate, from any number of such disinterested persons as would to provide that a person should not be employed at any price may be found to be qualified therefor, by the respective Legislatures of the several unless he possessed certain attainments. States, to serve for two years and until their respective successol'S are appointed: It is true, the reason for interference is different. In one ca.ge it is Provided, That the term of the first commissioners shall commence on their appoint ment and expire on the 4th day of March, 1875: P·rovided further, That until the the safety of commerce and trade that it is desired to protect ; and Legislature of any State shall take action, the governor of such State may ascertain in the other it is the general prosperity and welfare of commerce and certify to the qualifications of persons for commissioners: A n d priYVided that it is desired to promote. But the extent of power that would further, That the President may remove any of the members of said board for enhance the former would seem to cover the latter. ca.use. Aucl whenever an;y vacancy shall occur in said board the President shall fill the same for the unexprred term as in case of original appointment. Had time offered opportunity, I should have attempted to flash the No person shall be appointed a member of said board who is the owner of, or in glimmer of my dim lamp upon the broad and deep foundation prin any ma.nne17 interested in, the stock, bonds, or property of any railroad or other ciples of democratic government that underlie this bill, and which, transportation company, or an officer, attorney, or employe thereof; and the duties 4J. my judgment, are yet to protect the many and the meek against of said board, and the members of the same, shall be as hereina.fter provided. the organized and crafty few, and ultimately place each citizen, how Mr. FORT. If this bill becomes a law, nothing will satisfy its friends f'Ver humble, upon an equal footing with every other force. But I short of its vigorous application and execution. can make no such attempt now, and I will hasten on. Considerin~ the ma.gnitude of the interests involved, the num Many members declare their hostility to this bill because of the ber of coiD.IIllSsioners proposed by the amendment may not be con additional power and patronage to be placed in the hands of the sidered unreasonable. The number of railroad commissioners of a President, which may be used, as they fear, for partisan purposes. single State usually consists of from three to :five members. A less Other members, well disposed to the measure, hesitate to commit such number than one member from each State might _do the business as vast interests to the hands of any nine commissioners. well in less time and t less expense. But they might be more ea&ly Bnt, sir, should those great interests suffer or languish because some swayed, influenced, or controlled. "In the multitude of counsel there mischief may be feared, or that some commissioner or President might is safety." The action of large commissions and boards ha, as a rule, control some little patl'Onage 'I I admit there is force in such objec been more satisfactory and fTeer from suspicion of improper influence. tions, but not of sufficient weight to endanger the bill. On this The additional expense of a board thus large, considering the weighty point my colleague [Mr. EDEN] puts in his weightiest protest, which responsibility and interests involved, would not be great. I will thank the Clerk to read. If any good is to come from the labors of this board it mu t not only The Clerk rea~ as follows : be pure, but it must command goneral confidence and respect. I come now, Mr. Speaker , to inquire as to the expediency of the measure before But, Mr. Speaker, it is the even distribution of these commissioners the House. If Congress haa the power claimed for it by the committee, I ask if it among all the States, representing every locality, and thus securing· is"the part of wisdom to surrender the power into the hands of the Executive. He is Commander·in·Chief of the Army and Navy. H e has under his control the Post~ information on every intere t §O requisite to a fair adjustment of thi Office Department, with all its vast ma{)binery and patronage. He has under his matter, that most commends the propo ed amendment. And the mode command an army of revenue officers. Over three hundred- millions of money is of their selection will avoid objections already referred to, and would ever~ year disbursed by the executive branch of the Government. Three hundred certainly be more republican. The Constitution provides tha.t the and fifty millions of dollars of the circulating medium of the country are issued by national banks, 1mder the direction and control of the Treasury Department. .An President shall appoint all officers. established by law, and of course he innumerable host of Federal office-holders stand ready to do the biddinu of the could not, if we so desired, be abridged in his prerogative. Pre ident. .And yet Congress, claiming the power to establish the rates ·of'freight The bill as it now stands selects cla-sses of persons from whom the and passenger char~es on railroads operated in two or more States, shrinks from the performance of that duty, and devolves it on nine commissioners to be appointed President shall appoint; and the amendment goe only a step further, by the Pre ident, and removable at his pleasure. and provides that the qualifications for commissioners shall be ascer These nine men will have the power to enrich or impoverish every railroad com tained by the Legislatures of the several States, and thus further pany in the United States. The~ may-, if they choose, drive commerce from every limits the President in his choice. great city by discriminating agamst them in freight charges, and force commerce to new centers by discriminating in their favor. There is a precedent for confining the President in his selection to The commissioners will have power to establish rates that will keep Illinois and the nomination of a single individual made by the respective gov Iowa out of the markets of the world, and to favor Ohio and Indiana by rates that ernors of each State, in which case the present Executive followed will enrich their people. Seventy thousand miles of railroad will be subject to the the provisions of the law, and appointed the nominees of the governors control, to a greater or less extent, of these nine commissioners. Each railroad company will rush to the autocrats of interstate commerce to beg or buy favors. The These appointments are to be made from among such persons as the people of every city in the United States will be suppliants at their feet for favors. respective Legislatures may find qualified. The number of persons to The great manufaclming establishments will be compelled to bow down before this be recommended is not limitecl. . old idol that is about to be set up for worship. There will be no power higher than Attorney-General Legare once gave a.n opinion on a question involv the commiasioners, except the will of the President to remove them in case they fail to do his bidding. · _ ing a similar principle. He said: When this system of legislation shall have been full~ inaugurated there will be It would be a fair constitutional exercise of the power of Congress to require no further use for a. written Constitution; no necessity for· State governments. that the Secretary of the Treasury should make an appointment out of a. certain. Under a latitudinous oonsF\l~~on of Federal power1 w~tev~r ~oJ?-c! may, for the ~uml/ef ~£ J!OmiD,ees ~ropos~ b;r a. _collector.-4 Opinions, 16!1. ... . 2436, CQNGRESSIQN~Lv ~~CORD. MARcH 24, I ' -' ...... :-- .. ..- - - Attorney-General Akerman has discussed t~ guestion at co~s~'Sa~le nec~ssity of having more railroads, an indiscrimin1iite war on erable lenO'th in an opinion given on questions ansmg under the Civill railroads lS' not the way to get them. Really, the people ~ant the service L:·l~s and rules. He held that the appointing power' 'Ya~ in railroads more th!;ill th~ r~ilroads. want _the people.. And if a ~an the President to be used at his discretion, without positive lliDlta- wantsto correct his pr~Judices agarnst railroads,,le_t hrm go to think- t' B t h~ says. . ing what he would do tf he had the power to abolish them. Never- IOTnh. hrrth . ti. al · e "an d"'"I·gnate an m· diVI"dual for an office theless the practices of railroads, like the practices of all selfish men oug e appom ng power on v ....., • ' • • • d d din B tu.h tru · either Congress, by direct le!rlslation, or the President, by authm;ity d~r1ved from and mstitutions, are wrong an nee men g. . u .... e e cure IS Congress, can prescribe qua.i'.liications .. arld r~quire that the designation sha!-1 be not to b~den and em_barrass them, and render It difficult for them made out of a class of persons asce~ecl by _proper tests to have those qualifica- to live Without extortion but to rerrulate and control them by com tionsl a.J?-d it is not necessary that the Jn~ges m the tests should be chosen by the petition of other railroads and oth~r means of transportation; but appom~gpower , . chiefly to punish them and corre?t them by operating u~on the yol- Agam he says· . . . . . ume of their trade. Do everythmg to kee:p yourself as mdepenaent It has been argned that a nght m Congress to limit m the le~t the. field of sel~c- of railroads as possible and as little as possible to make them depend tion impliesariqhttocarryon the contracting process to the designation ofapart_ic- ' . . , , ular individual.~ But I do' not think this a fair conclusion. Co!lgress could r~~qmre upon you. . . . that officers shall be of American citizenship, or of a certain age; tha~ judges Therefore create by all the means ill your power, by assoCiatwns, should be of th~ ~eual profession and of a certain s~ding i? the pr?fess10n; and by co-operative enterprises, by home measrrres, home markets for home still leave room to ·the appointin~ power for the exerCise of Its 0~ Judgment and products and reduce a-s far as possible the unwise the destructive will· and 1 am not prepared to amrm that, t~ go further, and reqmre that the selec- ' . h l b th t '· thr , ' tion' shall,be made from persons fouml by. an e=ining board to be qualified in waste of ':aJ'?-able _Productive um~ a or a I_s. · o~ ~way such particulars as diligence, scholarship, in~gri~, goo_d J!la.D?ers, and attac~~nt unnecessarily ill paymg f?r tJ:afl!lp6rtation of, commodi~Ies which rn no to the Government, woUld impose an unconstitutio.n:i.llimi~tion on the apl?omtin~ instance ever added any illtrillSlC value to the commodity transported. power. It would still have~ reasonable scope for ~ts own Judgment and will. Bu The granO'ers of a county in Iowa by ~n association of their· small 1t;may be asked at what pomt must the. contractmg process stop~ I confess my o . ' blish l f ·to if inability to answer. But the difficulty of drawing a line between such limitations means, _by co-operative st.ores, ?an esta a woo en ac ry, you as are, and such as are not, ~llo~ed by the Co~stitll;t~on, ~s no proof th~t both plea e,-m the corrnty, which will_have the effect~ consume at _home classes do not exist. In constitutional and legal mqt;unes l'lght ?r wrong ls ~~ten the srrrplus products that otherwiSe would be mainly consumed ill the a question of degree .. Yetitisi~possibleto te_ll prec~sely where~n the scalel'lght char e of carrying them to a distant market. A county gran~e in ceases and wron.,. beginS.. Questions of excess1ve bail, erne 1 . un1shments, exce~s- . . . ive damages an::l reasonable doubts are familia-r instances. lfu the matter now m N ort~west Missouri, a great hemp-growmg country, would be ab e by question it ui not supl?osab~e that C~n.gress or the Pr~s.ident woJJld require of can- an aggregation of small means and the aid ~f reasonable credits to esta~ didates for: office qualifications unattamable by a suftiment number to afford ample lish the manufacture of the raw product illto merchantable commodi room for choice. · ties of such concentrated value as to render the transportation to a This question wa-s much disc~sed during the admini~tration of Mr. foreign or distant market a small per cent. upon their v_alue. Dairy Johnson, .but a. many _of the VIews then advanced partook more ~r products will bear transportation many thousands of miles; but the less of party bws, I will not quote any o~ them h~re. ·The republi- cow~:~ from which the products are drawn would not bear transporta cans seemed t? de~ire to halter ~hat President, w~e. the democra~s tion many hundred miles. Tobac~o in its man~a-ctured and concen seemed to desire him to go unbndled. Had the p_ohtiCs of_ the Presl- trated state will bear transportation for long distances and pay, but dent been reversed it might have had much to do rn reversrng the ex- in its crude state it will not. ·· Cotton in the form of fine fabrics will pression of the views of his friends and opponents also. . bear transportation round ·the world; in the bale its value may be Many able statesmen and lawyers hav~ contend~d. that, espeCia~ly exhausted by carrying it half that distance. Manufacture yorrr ore in cases whei:e Congress _created an office, 1t could limit the E.xecutive into iron; do not be so silly, so weak, as to transport long distances more or· less ill the appomtment of a person to fill the office. the ore and the fuel and the flux which are necessary to reduce the ore Now, sir, whether the Pre~ident would or would not select and to met~l. And in each Of these lines of enterprises when you have appoint these commiss!oners from th~ per~ons .s~ form~ by there- established your manufacture, it will consume the surplus agricul spective Legislatures to,possess the q nali:fi_cations, It Is certarn he woul_d tural products of· a wide territory ; and the cheaI> lands of theWest, of consider the·same to be a :very safe advisory board. If he made his the South of Virginia, and other States, by such methods, will befar appointments from those• recommended, they wo_uld ~e d-e facto and more valu'able than are the sterile wilds of' New England. . de jure conrmissioners. If he disrega~ded the legiSla~ve reco~en- Look for example, as an illustration of the policy hinted.at, upon elations of any State for good cause, It would _be all nght; and if he New ~gland With a sterile wild and a hyperborean climate, in the did so without cause, there woul_d be no help till he went out of offipe, intelligent industry of its population, by diversifying the application as there would be none a-s the bill now stands. of their labor, they have been able to create a home market for home By this mode of selection, the b?ard wouJd be composed of members products and· have become the wealthiest population of the world per of different political parties,· which would neutralize any tendency capita. Let other sections take example by it, and defend themselves· to partisan influence, and thus ~e safer and b~tter. The propos~d against the exactions of the monopolists who transport their products amend..n1ent also reduces the official term from SIX to two ye~s. Scr by disposing of their products without'transportation. years is a long time. If a bad be in the velvet course of fortune, people, and especially our western me:p.~, ~re up.d,er the indispen- Hath missed the discipline of noble hearts. , - ,....,. . , 'l • . . - -.- . I r q - · r.· r r, '• 1874 CONGRESSIONAL R CORD. 2437 ~ ~ . : . [Mr. -COBURN addressed the House. His remarkS will appear in By Mr. STRAWBRIDGE : The petition of buSiness men of Danville, the Appendix.] . · • · Pennsylvania, for an increase of cuuency and in favor of free bank And then, on motion of Mr. McCRARY, (at half-past ten o'clock p. ing, to the Committee on Ways and Means. m.) the House took a recess until to-morrow at ten o'clock a.. m. By Mr. VANCE: The petition of Solomon Pool and other citizens . . AFTER THE RECESS. of North Carolina, asking for a commission of inquiry concerning the alcoholic liquor traffic, to the Committee on Ways and Means. The recess having expired, the House .rea sembled at ten o'clock a.m., (Wednesday, March 25,) 1\Ir. SPRAGUE in the chair as Speaker pro tempore. , 1 llf~RSTATE COMMERCE. The SPEAKER pro tempore. The House resumes the consideration IN SENATE. of the bill (H. R1 No. 13B5) to regulate commerce by railroads among the several States, and the session is for debate only. WEDNESDAY, March 25, 1874. [Mr DUNNELL addressed the House. His remarks will appear in the Appendix.] ' Prayer by the Chaplain, Rev.- BYRO~ SUNDERLA.J.."'D, D. D. Mr. McCRARY. I ee that no other gentleman seems clesirous to The Journal of yesterday's proceedings was read and approved. occupy the.fioor at this time, and I therefore move that the House PETITIO~S Al\'D MEMORIALS. do now adjourn. · · 1 The motion was agreed to; and accordingly (at eleven o'clock a.m.) Mr. SCOTT -presented the petition of John Colohan, late a private the House adjourned. in Company L, Third Pennsylvania Cavalry, praying arrears of pen sion; which was referred to the Committee on Pensions. Mr. CHANDLER presented a petition of soldiers and sailqrs, citi PETITIONS, ETC. zens of Michigan, who served in the late rebellion, asking the pas The following memoria~; petitio~s, ~nd other papers were presented sage of a law which will enable each soldier and sailor who served at he Clerk' desk, under the rule, and referred a stated: . during the late war and was honorably discharged to locate, without · By Mr.ARCHER: The :ffiemorialof the mayor, aldermen, and com occupancy, one hundred and sixty acres of Government land; which mon council of Freder~k City, Maryland, in relation to the damages was referred to the Committee on Public Lands. • · sustained by. that city during the late civil war, and praying relief, Mr. OGLESBY presented a petition of the city council of the city to the Committee on War Claims. of Rock Island, Illinois, asking the passage of Mr. COTTON'S bill in , Also, the petition of Thomas W . Jones, for compensation for damages relation to the Rock Island bridge ; which was referred to the Select done to his chooner by the United States transport Star, to the Com- Commiiltee on Transportation Routes to the Sea-board. mi~tee on Naval.A::ffairs. I • r He also presented a memorial of the city council of the city of By Mr. COX : The petition of-importers of sardines, &c., in the city Rock Island, Illinois, opposing the proposed change of location of the of New York, for a specific duty, with no rebate for damaue, on sar military prison from Rock Island to Fort Leavenworth; which was dines, anchovies, and sprats, instead of the present duty of 50 per cent. referred to the Committee on Military Affairs. · . ad valorem,' to the Committee on Ways and Means. Mr. WRIGHT presented are olntion of the Legislature of Iowa, in By 1\Ir. GIDDINGS: The petition of William B. Royall, of Bren favor of the pa-ssage of laws to re§O'nlate freight and fares on rail roads; which was referred to the elect Committee on Transporta ham, Texa 1 for additional legislation to protect his rights as inventor and patentee of a compound for the destruction of cotton-worms, to tion Routes to the Sea-board, and ordered to be printed. the Committee on Agriculture. 1\Ir. STEVENSONpresentedapetitionof citizens of Trimble County, By Mr. GUNCKEL: The petition of Benjamin Best, of Dayton, Ohio, Kentucky, praying for an amendment to t he pension laws ; which was to be refunded excess of postage erroneously paid, to the Committee referred to the Committee on Pensions. on the Po t -Office and Post-Road . Mr. MORTON. I present a memorial from citizens of Youngstown, By l!r. HARRISON: . The petition of citizens of Clay County, Ten in the Mahoning Valley, Ohio, and as it is shortibegleave to read it: nes ee, and Monroe County, Kentucky, for a. post-route from Tomp To the Senate of the United States: kinsville, Kentucky, to Celina., Tenne ee, to the Committee on the The undersigned, owners of furnaces, rolling-mills, founderies, and coal mines Post-Office and Po t-Roads. in the Mahoning Valley, Ohio, employing, prior to the recent panic, several thou sand hands, represent to your honorable body that the trade and business of this By Mr. HAWLEY, of Illinois: The petition of the city council of region especially, and as they believe of the West generally, ha.ve been stagnated Rock Island, Illinoi , in relation to the Rock Island bridge, and op and almo t brought to a stand- till for the last six months, mainly for want of suffi posjng the proposed change of location of the military prison, to the cient currency and circulating medium to carry on business and pay the operatives Com;mittee on Railwa.ys and Canals. · as needed for their families. The banks here, limited in their currency, cannot afford the necessary means and facilities for the business; the manufacturers and coal Also, the memorial of citizens of Bureau County, Illinois, in rela men, with abundance of paper and property to pledge and obtain credit, cannot be tion to the construction of a canal from Hennepin to Rock Island, accommodated here, for lack of currency in this region ; antl the currency East em Illinois, to the Committee on Railways and Canals. • not readily be obtained on the paper and securities held here. By Mr. HUNTON: Papers rela.ting to the claim of James G. Field, The undersirned believe that the increase of currency here in the We t, by some means, is ab ofutely necessary at this time to save the great body of workmen and for extra compensation as paymaster's clerk, to the Committee on their families from distress, and the trade and business of this region from ruin and Claims. I bankruptcy. By Mr. MAcDOUGALL: The petition of citizens of the twenty The undersigned, therefore, urgent![ solicit and :petition your honorable body to fifth district of New York, for the establishment of a high court of provide some means, by the passage o a. free-banking law or otherwise, as may be nations for the settlement of international difficulties by arbitration deemed be t, to meet this most urgent neces ity and afford the relief demanded. without resort to war, to the Committee on Foreign Affairs. This memorial is signed, I believe, by 51 firms : the Brier Hill Iron By 1\lr. McCRARY: The 1)etition of Jacob A. Edwards, for a pen and Coal Company, employing 150hands; the Girard Iron Company, sion, to the Conrmit+.ee on Invalid Pensions. 50 hands; the M:ahoning hon Company, 100 hands ; the McCurdy Also, the petition of James B. Doran, for arrears of pay, bounty, Coal Company, 120 hands; William Richards & Sons, 225 hands; Mc &c., to the Committee on Military Affairs. Dowell, Wick & Co., 80 bands; Wick, Struthers & Co., 80 hands; the By 1\Ir. McFADDEN; The petition of C. H. Hale, a ·signee of Hale, Vienna Coal and Iron Company, 350 hands; t.be Church Hill Coal Windsor, Cro by & Co., for compensation for extra services in carry Company, 275 hands; the Kyle Coal Company, 110 hands; the Kine ing the United States mails from 1866to 1870 inclusive, to the Commit Coal Company: 125 hands; Wick, Ridgway & Co.'s Rail Mill, 550 tee on the Post-Office and Post-Roa-ds. hands; the Hinned Furnace Company, 150 hands; the Mahoning Coal By Mr. MELLISH: The petition of citizens of Hamilton New York, Company, ·550 hands; McKinnie Bank, 50; Brown, Bonnell & Co., asking for a commis ion of inquiry concerning the alcoholic1 liquor 900; Homer, Hamilton & Co., 70; John Stambaugh, assignee of J ameR traffic, to the Committee on the Judiciary. Ward & Co., 950; Cartwright, McCurdy & Co., 175; the Eagle Fur By Mr. MERRIA.l\!: Papers relatins- to the claim of Thomas J. nace Company, 40; Arms, Bell & Co., 75; Wicks & Wells, 50; P. Peacock, to the Committee on War Clauns. Jacobs & Son, 200; Ward, Booth & Miller, 50; Andrew Hitchcock, By Mr. NEGLEY: The petition of 165 employes of Moorhead & 400; the Burnett Coal Company, 300; the Foster.Coal Company, 200; Co., Soho hon l\fills, Pittsburgh, Penn ylv:111ia, in opposition to the William J . Hitchcock, 50; the Andrews Coal Company, 200; C. H. & imposition of a tariff duty on tea and coffee, in opposition to any in W. C. Andrews, 150; Andrews Brothers, 300; the foore Coal Com crease in internal taxes, and in favor of the repeal of the second sec pany, 50;' the Pennel Coal Company, 100; the Niles hon Company, tion of the act of June 6, 1872, which reduced by 10 per cent. the duty 500; the Brookfield Coal Company, 400; Charles Herbert & Co., 100; on foreign imports, to the Committee on Ways and 1\!eans. the Niles Coal Compa:py, 300 ; AI·ms, Wick & Co., 100 ; the Harro:fl Also, the petition of 205 workingmen of Pittsburgh, Pennsylvania, Coal Company, 150; the Struthers hon Company, 60; Grist & Co., of similar import, to the Committee on Ways and Means. 50; the Youngstown Rolling Mill Company, 105 ; Powers, .Arms & Also, the petition of 600 citizens of Allegheny County, Pennsylva Co., 125; the Packard Coal ancl Iron Company, by Henry M:annin~, nia, of similar import, to the Committee on Ways and Means. 60. This memorial comes from Ohio. The two Senators .from Ohio By Mr. PENDLETON: The petition of John G. Perry, for extension yesterday had not heard from Ohio on this subject. I respectfully of patent, to the Committee on Patent . call their attention to this memorial. I move its reference to the By Mr. W. R. ROBERTS : The memorial of the Workingmen's · Committee on Finance. Union,. comprising 20,000. members, in relation to the eight-hour law The motion wa~ agreed to. and Supervising Architect Mullett, to the Committee on Education 1\fr. MORTON. I desire further to present, as I am instructed to and Labor. do, resolutions passed at a very large meeting of citizens of Indian-