1882. CONGRESSIONAL RECORD-SENATE. 1411 

the tax on bank deposits and the two-cent stamp on bank checks 

and drafts-to the same committee. 

By Mr. DEZENDORF: Papers relating to the claim of R. I. Sanders-to the Committee on War Claims. 

Also, papers relating to the claim of Fred. N. Gray and of John 

Morrisett-severally to the Committee on Claims. 

By Mr. ERRETT : The resolutions of the Chamber of Commerce of 

Pittsburgh, Pennsylvania, relative to the distribution of the Geneva 

award-to the Committee on the Judiciary. 

By Mr. FORNEY: The petition of John C. Orr, J. M. Jackson, and 

others, citizens of Alabama, praying for a grant of lands to aid in the construction efthe Alabama and Georgia Railroad-to the Committee on the Public Lands. 

By Mr. GARRISON: The petition of citizens of Accomack County, 

Virginia, for an appropriation for dredging Hunting Creek-to the 

Committee on Commerce. 

By l'tfr. J. HAMMOND: The petition of 40 citizens of Fort Edward, of 80 citizens of Glens Falls, and of 20 citizens of Whitehall, New 

York, for the repeal of the tax on bank deposits and the two-cent 

stamp on checks and drafts-to the Committee on Ways andl\Jeans. 

By Mr. HARMER : Memorial of the American Baptist Home Mis- sion Society, representing a church membership of 1,000,000 and a con- stituency of 5,000,000, asking that measures be taken to remove and prohibit tke practice of polygamy and its accompanying vices 

throughout the country-to the Committee on the Judiciary. 

Also, two petitions embra{}ing the names of 1,160 citizens of Philadelphia, for the repeal of the tax on bank deposits and the two-cent 

stamp on bank checks and drafts-severally to the Committee on Ways and Means. 

By Mr. HISCOCK: The petition of 320 citizens of Syracuse, New 

York, for the repeal of the tax on banks and the two-cent stamp on bank checks and drafts-to the same committee. 

By Mr. HOUK: Papers relating to the claim of Simeon S. Barrettto the Committee on War Claims. 

By Mr. HUMPHREY: The petitions of 40 citizens of Green Bay and 

of 40 citizens of La Crosse, Wisconsin, for the repeal of the tax on bank deposits and the two-cent stamp on bank checks and draftsseverally to the Committee on Ways and Means. 

By Mr. KETCHAM: The petitions of E. P. Pelton and 186 others, 

citizens of Poughkeepsie, and of citizens of Hudson, New York, for the repeal of the tax on bank deposits and the two-cent stamp on bank 

checks and drafts-to the same committee. 

By 1\Jr. LATHAM: The petition of citizens of North Carolina, for au appropriation for the improvement of Pamlico and Tar Rivers- to the Committee on Commerce. 

Also, the petition of citizens of North Carolina, for the establish- ment of a post-route from Farmville to Greenville, North Carolinato the Committee on the Post-Office and Post-Roads. 

By 1\Ir. LINDSEY: The petitions of citizens of Boston, of Bootk 

Bay, of Bangor, of Ellsworth, of Castine, of Saint Geor~e, of Bath, of 

Rockport, ofWaldoborough, of Searsport, ofCamdtm, of Matinicus, of 

Winterport, of Vinalhaven; of Hampden, of Ferry Village, of North 

Haven, of Rocklandz of Kittery, and of Bristol, Maine, for the erec- tion of a light on Little Ram Island, at the entrance of Booth Bay 

Harbor-severally to the Committee on Commerce. 

By Mr. LORD: The petition of.A.llen Shelden, S.D. Elwood, and600 

others, citizens of Detroit, Michigan, for the repeal of the tax on bank 

deposits and the two-cent stamp on bank checks and drafts-to the 

Committee on Ways and Means. 

By Mr. M.ARTIN: The petition of Alexander Jackson, jr., and 103 

others, and of James L. Heverin and 200 others, citizens of Delaware, 

for the improvement of Saint John's River, in the State of Delawareto the Committee on Commerce. 

By Mr.l\fcKENZIE : Papers relating to the claim ofW . .A.. Eastonto the Committee on War Claims. 

By Mr. MOULTON: The petition of 240 citizens of Paris, illinois, 

for the repeal of the tax on bank deposits and the two-cent stamp on bank checks and drafts-to the Committee on Ways and Means. 

By 1\Ir. NEAL: The petition of the American Chamber of Commerce, banker~>, manufacturers, and agriculturists, for the appointment of a commission to revise the tariff-to the same committee. 

AJ o, the petition of William F. Wilson, praying that he may be li~ved of the charge of desertion-to the Committee on Military .A.tfatrs. , By Mr. NOLAN: The petition of G. Birch and others, t() •duce 

the duties on sugar to a rate not exceeding 25 per cent. ad valoremto the Committee on Ways and Means. 

Also the petitions of John G. Ward and others, onV. H. Ferguson & 

Bros. and others, and of .A.. V. Mynderse and others, citizens of New 

York, for the repeal of section 5, chapter 125, of the laws of 1879, so as to permit the use of alcoholic spirits in manufacturing vinegar- severally to the same coffilnittee. 

Also, the petition of 350 citizens of Albany and of 40 citizens of 

Cohoes, New York, for the repeal of the tax on bank deposits and 

the two-cent stamp on bank-chocks-to the same committee. 

By Mr. ORTH: The petition of D. H. Olive, for relief-to the Com-

-mittee on 'Var Claims. 

By Mr. PHELPS: Thepetitionof240citizensofNewHaven, Connecticut, for the repeal of the tax on bank deposits and the two-cent 

stamp on bank checks and drafts-to the Committee on Ways and 

Means. 

By Mr. PRESCOTT: The petitions of 280 citizens of Rome, and of 

280 citizens of Ut.ica, New York, for the repeal of the tax on banks 

and the two-cent stamp on bank checks and drafts-severally to the same committee. 

By Mr. RICH: The petition of 104 citizens of Simada, Macomb 

County, Michigan, for legislation for the suppression of polygamyto the Committee on the Judiciary. 

By l\lr. ROBERTSON: Papers relating to the contested-election case of Elam vs. Smith in the Forty-fifth Congress-to the Committee on Elections. 

By Mr. SCOVILLE: The petition of the members of the Ministers' 

Union of Buffalo, New York, for legislation for the suppression of 

polygamy-to the Committee on the Judiciary. 

By .Mr. SHULTZ: Papers relating to the claim of W. T. Alexander-to the Committee on War Claims. 

By Mr. SKINNER: The petition of citizens of Little Falls and of 

citizens of Ilion, New York, for the repeal of the tax on banks, and 

the two-cent st.amp on bank checks and drafts-severally to the 

Committee on Ways and Means. 

By 1\h' . .A.. HERR Sl\1ITH: The petition of a temperance convention, 

held at York, Pennsylvania, which was attended by 300 persons, asking for a constitutional amendment prohibiting the manufacture and 

sale of alcoholic liquors-to the Committee on the Alcoholic Liquor 

Traffic. 

By Mr. SPRINGER: The petition of citizens of Springfield, Illinois, 

for the pa-ssage of the McKinley bill, fixing the rates of duties on manufactures of iron, steel, &c.-to the Committee on Ways and 

Means. • By Mr. TALBOTT: Papersrelating totheclaimof John B. Brownt-o the Committee on Claims. 

By Mr. URNER: Papers relating to the application of H. H. Blackburn to restore certain causes to the docket of the Court of Claims, 

and to provide for the hearing thereof-to the Committee on the 

Judiciary. -

By Mr. WARNER: Papers relating to the claim of Mrs. Jane Yenable-to the Committee on Foreign Affairs. 

By Mr. WASHBURN : The resolutions of the Congregational Club 

of Saint Paul, Minnesota, demanding the suppression of polygamy 

in Utah- to the Committee on the Judiciary. 

By 1\h'. C. G. WILLIAMS: Papers relating to the claim of Edwin 

De Leon-to the Committee on Foreign Affairs. 

By Mr. 'VILSON: The petition of Thomas Doll(~van and 125 others, 

citizens of Brook County, West Virginia, for legislation to regulate 

charges for freight and passenger traffic on railroads-to the Committee on Commerce. 

Also, the petition of Anderson Langford, for a pension-to the Committee on In valicl Pensions. 

By Mr. G. D. WISE: Papers relating to the claim of Mrs. Bettie 

T. Gibson-to the Committee on Claims. 

SENATE. 

FRIDAY, February 24, 1882. 

Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. 

The Journal of yesterday's proceedings was read and approved. 

MESSAGE FROM THE HOUSE. 

.A. mossage from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announcerl. that the House had concurred in the amendment of the Senate to the bill (H. R. No. 3210) in reference t-o the 

trustees of the Lincoln MonUIDent Association. 

The roes age also announced that the Hou e had passed the joint 

resolution (S. R. No. 41) authorizing the Secretary of War to use rations for the relief of destitute persons in the districts overflowed 

by the Mississippi River. 

El\'"ROLLED BILLS SIGNED. 

The message further a.nnl)unced that the Speaket of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the President p1·o tempore : .A. bill (H. R. No. 3210) in reference to the trustees of the Lincoln 

Monument Association ; and 

.A. bill (H. R. No. 2944) authorizing the Lanca-ster National Bank, 

of Lancaster, Ma saohusetts, to change its location and name. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a communication from the Attorney-General, transmitting, in response to resolution of the 19th ultimo, the official report of C. C. Lancaster, jr., in 

relation to t.he conduct of judicial officers and their accounts in Alabama; which was referred to the Committee on the Judiciary, and 

ordered to be printed. 

PROPOSED ADJOURNl\IENT TO MO~DA Y. 

Mr. AJ\TTHONY. I move that when the Senate adjourn to-day it 

be to meet on Monday next. 

Mr. INGALLS. What is that motion f 
1412 CO:NGRESSION.A.L RECORD-SENATE. FEBRUARY 24, 

The PRESIDENT pro tempore. The Senator from Rhode IfSlancl moves that when the Senate adjourn to-day it be to meet on 1\fonda,y next. 

.Mr. INGALLS. I believe that motion is not debatable, but we ha•e 

had one holiday this week in memory of George Washington who 

when he was living was very much in favor of attending ~o business, 

and I have heard It suggested by many Senators that It would be 

very advisable to sit to-morrow for the purpose of considerillg the 

Calendar under the Anthony rule. I should like to submit that prop- o itien to the Senate if the Senator from Rhode Island would permit me. Of course I know his motion is one that is privileged and can be 

insisted upon, but I believe the business of the Senate would be 

greatiy promoted by considering the Calendar under the Anthony 

rule to-morrow. 

Mr. ANTHO~'Y. I will withdraw the motion if there can be unan- imous con ent t.hat to-morrow we shall go on with the Calendar. 

Mr. INGALLS. There is one other consideration. I will suggest, 

if the Senator will pardon me a moment, that on Monday there will 

be no business session on account of the memorial services to the 

memory of the late President Garfield; and in view of the number of 

interruptions tha.t have occurred in the public business, it seems to me it would be wise to set apart to-morrow for the purpose indicated. ~lr. HOA..R. Does the Senator think we shall get a quorum J 

Mr. INGALLS. We can try. 

The PRESIDENT Jn'O tempore. The Chair would suggest to the Senator from Rhode !~;land and also to the Senator from Kansa-s to defer 

understandings about these matters until a quorum is present. Thert3 

is evidently not a quorum now. l\lr. EDMUNDS. Let us wait a little while then. 

1\lr . .ANTHONY. Very well, sir, I will wait. 

The PRESIDENT pro tempore. Petitions and memorialt; are in 

order. PETITIONS A.XD 1\IEIIIORI.ALS. 

The PRESIDENT pro tempore presented a petition of citizens of 

Warren and J o Davie ·s Counties, Illinois, praying for legislation regulating freight charges on railroads; which was referred to the Committee on Commerce. 

.Mr. PEND:J;..ETON presented the petition of L. A.. :Mason, and 47 

others, citizens of Ohlo and Pennsylvania, and the petition of C. D. 

Hays and 352 others, citizens of Ohio, praying for the passage of a bill 

to compel railroad co1·porations and all common carriers upon them to 

perform certain duties; which were referred to the Committee on Comme1·ce. 

:Mr. COCKRELL presented a petition of citizens of Polk County, 

:\ii onri, praying for the erection of a public building at Jefterson 

City, in that ~;:tate; which was ordered to lie on the table. 

l\lr. SHERMAN presented the petition of Colonel J. A.. Graham, 

praying te be compensated for services alleged to have been r endered 

by him as disbursing a-gent of the Joint Committee on the Library; 

which was referred to the Committee on the Library. 

Mr. MILLER, of California, presented a memoriUI of citizens of 

California, remonstrating against the adoption of the l''rencll metric 

system of weights and measures, and praying that it shall not be 

made legal in any Government transactions; which was referred to . the Committee on Finance. 

He also presented a pMition of citizens of California, praying for 

the passage of a bill to incorporate t.he Maritime Canal Company, 

of Nicaragua; which was refeiTed to the Co.mrnittee on ~'oreigu 

Relations. 

Mr. CONGER presented the petition of the National Reli ef Association, in favor of the passa~~ of the bill to increase the efficiency 

of the life-saving service; which was referred to the Committee on Commerce, an(l ordered to be printed. 

REPORTS OF COMMITTEES. 

~Ir. :FERRY. I am directed by the Committee on Post-Offices and 

Post-Roads, to whom was referred the bill (H. R. No. 3844) to estab1 i.sh post-routes, to report it back with amendments, and I give notice 

that oa Tuesday next I shall ask for its passage. ~lr. Mcl\1ILLA.N, from the Committee on Commerce, to whom the 

Rnbject was referred, reported a bill (S. No. 1318) anthoriziug the 

'ecretary of ·war to u e the unexpended balance of the appropriations for the improvement of the Su quehanna River above and 

uelow Havre de Grace in the construction of the channel and breakwaters of the l'...,i hing Battery below Havre de Grace; which wa.s read twice by its title. 

1\l.r. HARRISON asked ancl, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1313) granting a pension to Samuel Horner; 

which was reau twice by its title, and, with the accompanying papers, 

Teferred to the Committee on Pensions . ~lr. MORRILL. I introduce by request a bill about which I have no per onallmowledge. 

By unanimous consent, leave wa.s granted to introduce a bill (S. 

No. 1314) granting a pension to Hugh O'Neil; which was read twice 

by its title, and, with the papers on file in the case, referred to the 

Committee on Pensions. 

Mr. PLUl\lB asked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1315) for the relief of Dr. Lewallen; which was read twice by its title, and referred to the Committee on Indian 

.Affairs. 

He also asked and, by tu1.animons consent, obtained leave to introduce a bill (S. No. 1316) for the relief of H. H. Dalrymple; which wa read twice by its title, and referred to the Committee on Indian 

Affairs. 

He also asked and, by unanimous consent, obtained leave to introduce a bill(S.No.l317)forthereliefofDr.LewallenaudA.nthony G. 

Davis; which was read twice by its title, and referred to the Committee on Indian Affairs. 

1\fr. KELLOGG asked and, by unanimous consent, obtained leave 

t-o introduce a bill (S. No. 1319) granting a pension to the widow ancl. 

children of Constant Loup; which was read twice by its title an referred to the Committee on Pensions. ~lr. MAXEY asked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1320) for the relief of C. M. Wilcox; which was read twice by its title, and referred to the Committee on Finance. 

THE 1\IILITIA. 

l\Ir. DA. VIS, of 'Vest Virginia. I offer the following re olution: 

Resolved, That the Committee on Military Affairs be t-eqnested toinquireiuto the 

expediency of givin~_more aid than is now provided for to the various States and 

Territories in order tnat the organization of the militia force of the country may 

he encom·aged and promoted and its thoroughness and efficiency strengthened. 

1\Ir. Pre iuent, in 1808, I think it wa-s, a permanent annual appropriation \Ya:s made for the encouragement of the militia of the eoun- try of$200,000. ·we then were eight or ten million people. We are now tive or eight times as great, and still the app1·opriation of 

·200,000 ouly is divided among the States and Territorie tor the purpo e of organizing, arming, and keeping intact the militia force of the 

country. I think they need more encouragement, and I ask the Military Committee to give the resolution early attention, as I hope 

they wilL 

The resolution was considered by unanimous consent and agreed to. 

PERUVIA...""i, CHILIAN, Al\"1) BOLIVIAN COMPLICATIOXS. 

l\Ir. BAYARD submitted the following resolution; which was read: 

Whereaa publication has been widely made by the public press of the United 

States of certain alleged commercial contracts between certain companies antl 

copartnerships of individuals relative t.o the exports of guano and nitrate from 

Peru. in which the mediation b:y the Government of the United States between 

the governments of Peru, Bolina., and Chili is declared to be a condition for U.e 

effectuation and continuance of the said contrncts: Therefore, Be it resolved, That the Committee on Foreign Relations b , and hereby is in· 

structed to inquire whether any promise or stipUlation, by which the intervention 

by the U nitetl States, in the controverat~s existing between Chili a:nd Peru, or Ch i1 i 

and Bol.via, has been expressly or impliedly given by any person or persons offi. 

ciallyconneoted wHh the Gevernment of the United States; or whether the influ- ence of the Government of the Unite<l States has been in any way exerted, prom- i~e<l, or intimated in connection with, or in relation to the said alleged contracts, by any one officially connected w{tlJ the Government of the Unitell States; aBd 

whether any one officially connected with the Government of the United States is 

interested, directly or indirectly, with any such alleged contracts in which the 

mediation, as aforesaid, oft he United States is recited to be a condition. And that 

the said committee have power to send for persons and papers, and make report of 

their proceedings in the premises, to the Senate at the earliest possible day. 

Mr. EDM1Th"'DS. I have a resolution on that same subject, cover- ing a much broader scope of inquiry but including the inquiry that 

the Senator from Delaware proposes, and therefore I suggest either 

that this go over or that the Senator-which I was going to move as to my own resolution-would consent to this being referred to tht3 

Committee on Foreign Relations in order that it may report a re o- lntion whioh shall be exact and complete, covering all the branches 

of that mo ;t unfortunate affair. 

Mr. BAYARD. Anything that tends to perfect the inquiry and to 

bring the matter more fully before the country, is satisfactory to me. Mr. EDMUNDS. The resolution that I had intended to offer--

Mr. BAYARD. Let my re olution lie over for the present. BILLS DITRODUCED. Mr. EDMUNDS. The resolution that I had intended to offer, not 

Mr. V .A.l~CE asked and, by unanimous consent, ubt.aiueu lea>e to desiring to commit the Senate to an inquiry about delicate foreign 

introduce a bill (S. No. 1310) for the relief of C. Bohn; which was affairs without inquiry by a committee, I proposed to move should 

rea<l twice by its title, and referred to the Committee on Claims. I be referred to the Committee on Foreign Relations in order that it 

Mr . .MILLERt of California, asked and, by unanimous consent, ob- might consider the subject, and therefore if it is agreeable to the 

ta.ined leave to uitroduce a bill (8. No. 1311) to provide for the con- Senator to have this refm.'red in order that we ma~l as I certainly struction of a vessel for the revenue marine for ervice in North shall be in favor of doing, enlarge it so as to cover the scope of the 

Pacific waters; which was read twice by its title, and referred to the whole investigation that I desire, I shall not ask it to lie over. Committee on Oommerce. l\1r. BAYARD. It was my intention to ask its adoption by the 

He also asked and, by unanimous consent, obtained leave to intro- Senate at once, being a reeolution of inquiry, and then moveHs referdnc.e a biH (S. No. 131~) to provide for the distribution of moneys ence to the Cornn:.llttee on Foreig:n Relations, although it is directed 

collected at the port of San Francisco, California, under section 4268 to that com_mittee and therefore It would naturally go to them as part 

of the Revised Statutes; which was read twice by it title, a.p<l referred of their d11ty. 

to the Committee on Commerce. ~f~. EP~HJ~S. I tb.j.nk it l:lacl better b~ ref~rred in order to 
1882. CONGRESSIONAL RECORD-SENATE. 1413 

cnlargethe scope of the resolution. That was what I intended to move about my resolution, it relating to foreign affairs that the resolution 

itself be referred to the committee, because I did not wish as an in-

(lividual Senator to ask the Senate in the hurry regarding inquiries 

abontforeign affairs to ma.ke an investigation without the report of a committee upon it. So I intended to move that my resolution be 

referred to the committee. My resolution embraces this and sundry 

ot lwr topics connected with those affair . 1\lr. BAYARD. I think the object would be equallywellattained 

by that cour e. I have no objection to the reference of the resolution. 

The PRESIDENT pro tempare. The resolution will be referred to 

the Committee on Foreign Relations. 

Mr. BAYARD. I move that it be printed also. 

The motion was agre_ed to. 

ORDER OF BUSD.'"ESS. 

The PRESIDENT p1·o temp01·e. If there be no further" concurrent or oth r resolutions," the Calendar under the Anthony rnle will be 

proceeded with. 

:Mr. TELLER. Mr. PresidentMr. DAVIS, of West Virginia. I think we ought to proceed with 

tue Calendar in order. I hope Senators will not call up special bills. 

The PRESIDENT pro tempm·e. The regular order is the Calendar. 

Does the Sena.tor from Colorado move to take up something else 'I 

Mr. TELLER. I was about to make a motion, ifl could be allowed 

to uo so. I suppose it is a question whether I shall be allowed or not. 

Mr. DAVIS, of West Virginia. I hope we shall go on with the 

Calendar. 

The PRESIDENT pro tempore. The Senator from Colorado has 

tbe tloor. 

Mr. TELLER. I ask the Senate to take up Senate bill 876, and I 

hardly think anybody will object. It is number 163 in the order of 

lmsiuess. 

Mr. COCKRELL. 1 ask for the regnl:u onler, Mr. President. 

Mr. TELLER. I have the floor, and I suppose I cannot be taken 

off itThe PRESIDENT pro temp01·e. The Senator from Colorado has 

t.be floor. 

Mr. TELLER. I cannot be taken off it even by a call for the regular order. 

The PRESIDENT p1·o temp01·e. The SenatorfromColorado moves that the consideration ef the Calendar under the Anthony rule be 

11ostponed temporarily in order to take up the bill (S. No. 876) granting a pension to Lucretia R. Garfield. ~h. COCKRELL. And I a k for the regular order, Mr. Pre i(lent. 

Mr. TELLER. I wotild say upon .that motion, which I suppose 

must be submitted to the Senate if there is objection to it, that the 

Committee on Pensions considered this bill sent to the committee for 

the relief of 1\lrs. Garfield, and directed a bill to be reported for the 

relief of ~hs. Garfield, the widow of John Tyler, formerly President 

of the United States, and also the widow of James K. Polk. The 

bill has been on the Calendar for some time, and it is very apparent 

that it will be some time before it can be reached in the regular 

order of business. 

Mr. CAMERON, of \Visconsin. What is the order of the bill on the Calendar f 

Mr. TELLER. No. 163. 

Mr. CAMERON, of Wisconsin. It will be reached in a fewuays. 

Mr. TELLER. I have not called up any pension ca e. I have 

been very much pressed by various people to call up this case, and 

I think the Senate can afford to take it up out of its order and pass 

it. I do not believe there will be any opposition to it when it is 

presented. I ask the Senate to take it np. 

'fhe PRESIDENT p1·o tempore. The Senator from Colorado moves to take up the bill indicated by hlm granting a pension to Mrs. Garfield. That bas been objectecl to inasmuch as it is out of the regular 

order of business. The q oestion is on the motion of the Senator from 

Colorado to postpone proceedings under the Anthony rule for the time 

ueing in order to take up the bill indicated by him. [Putting the 

que tion.] The ayes seem to have it. ~ir. COCKRELL. Let us have the yeas and nays. 

The yeas and nays were ordered. 

Mr. EDMUNDS. I wish to appeal to my fi:iend from Colorado as we are under the Anthony rule to let this matter stand. We all 

Jmow that 1\hs. Garfield is not in a state of destitution, and I think 

that good lady herself would be quite unwilling to have her pension case taken up out of its order as aO'ainst the humblest and smallest 

claim on the justice of the United States or its generosity that there 

is on the Calendar. Now, if we can go on in the re~ular way we shall reach this bill in a very short time. I hope we snail not waste our time in taking the yeas and nays upon it. 

Mr. TELLER. This bill as reported from the committee is for the 

relief of :Mrs. Garfield, Mrs. Tyler, and Mrs. Polk. I feel extremely 

clelicate about speaking of the :financial condition of these ladies, 

and will say as little as possible on that subject; but whatever may be said as to :Mrs. Garfield's wants and neeus, there can be no ques· 

tion, as very many Senators on this floor know, of the necessitous 

circumstances of the two other ladies named. 

I believe this is the :first time in my experience in the Senate that 

I have ever asked to have the Calendar under the Anthony rule set 

aside. I only ask it now because I am very much pressed by people 

who know the necessities of these ladies. I think it would be the 

handsome thing to do to pass this bill, and pass it promptly. Yesterday we passed a bill to retire General Grant, not fi:om the fact 

that he needed it-nobody pretends that he needs it, nobody pretended that he would suffer if we let it go till on the Calendar that 

bill was reached in its regular order. We took a day for that bill. 

Mr. CAMERON, of Wisconsin. Not in the morning hour. 

Mr. TELLER. It is· true we did not take it up in the morntng 

hour; but it belonged to the Calendar. I do not propose to spend 

any time over this matter. I want the vote of the Senate. If' the 

Senate say they do not want to take up the bill, it shall remain until we reach it· bnt I think we ought to take it up now. 1\fr. GE0:RGE. The bill sought to be called up involves a very 

important principle, and I have not yet made up my mind to vote for 

it. I shonld like to have more time to conside1· as to the power of 

Congress to vote money away for pensions of this character. I think 

it is due to Senators that an opportunity should be afforded for exam- ining into the matter. 

Mr. DAVIS, of West Virginia. I think we ought to continue regularly with the Calendar. If bills are to be selected out from the 

Calendar, we shall never get along regularly. While I shall vote for 

the bill my friend from Colorado speaks of, yet I believe we ought 

to proceed regularly with the Calendar, and I shall so vote. 

Mr. COCKRELL. Mr. President, the question in regard to the 

merits of this bill has :qothing to do with the motion now before the 

Senate. We have solemnly adopted a mode of procedure. The question is, shall we adhere to that, or shall we go into floundering as we had been before, every Senator trying to get the :floor and press the 

particular mea ure that some person around the Capitol or in Washington might be urging upon his attention. I do not propose to an- tagonize this bill or delay action upon it when itis presented. I call 

for the regular order because I believe this bill can be passed more readily and hundreds of others by confining the attention of the Senate to the Calendar in its regular order than by skipping fi.·om case to case. 

I believe tha.t the Senator from Colorado is chairman of the Committee on Pensions. It has been usual in formor Congresses for the 

chairman of the Committee on Pensions, particularly when the distinguished euator from Kansas [Mr.INGALLS] was chairman of that 

committee, to ask the Senate to take up and consider the pension cases upon the Calendar, and in that way all the pension cases were readily disposed of. That would be done every week or ten days. 

Mr. CAMERON, of Wisconsin. Not in the morning hour. ~h. COCKRELL. It wa usual for the Senator from Kansa-s, while 

he was chairman of the Committee on Pensions, to ask the attention 

of the Senate to the cases reported by the Committee on Pensions then on the Calendar. 1 have never known that to be objected to. It was always acceded, and' thus, iu a very short time, all the pension cases reported and upon the Calendar would be disposed of. I simply make 

this as a suggestion. ~h. TELLER. I inquire if the complaint is that I do not take 

them all up, or only because I take up this one. If o, the Senator can have them all taken up if he desires. 

!th. COCKRELL. I was simply stating what had been the rule 

heretofore. · Mr. CAMERON, of Wisconsin. I think those bills u.~nally were take~ upt not in the morning hour, but after the expiration of the 

mormng hour. 

!th. COCKRELL. Sometimes they were taken up jn the morning 

boor and sometimes afterward. Unless an appropriation bill or something very important was pending the request to consider pension cases was always granted. I thi.rik now if this and a few other 

pension cases are very important that the Senate will at an opportune 

time consider them, and then let all the other pension cases on the 

Calendar be called and disposed of. But if we set aside the Calendar 

in this case we destroy the order of business for the rest of the session 

and we shall get nothing done. We shall not dispose of two cases in a morning hour hereafter when you abandon the Calendar, because 

I know that ob tructions will then be thrown in the way of the prog- ress ofbusine s which would not otherwise be thrown. I appeal to 

the Senate in this case to adhere to the Calendar. 

Mr. HARRIS. I would ask the Senator from Colorado to modify 

his request, or rather to withdraw his motion and ask the uno,nimous 

consent of the Senate to take up the Calendar of pension cases favorably reported, immediately after the expiration of the morning hou 1· 

to-day, and dispose of that part of the Calendar. 

l\lr. TELLER. If that consent can be given I shall be quite willing to do so, but yesterday--

The PRESIDENT pro tempore. The Chair would sto,te that the 

Senator from Iowa [Mr. ALLISON] will antagonize that with llin appropriation bill. It wa suggested before the Senator came in that 

to-morrow be devoted to considering cases under the Anthony rule 

by unanimous consent. 

Mr. HARRIS. I am quite satis1ied that the Senator from Iowa will 

not object to tbe taking up and disposition of the pension cases on the Calendar after the morning hour to-day, and .my opinion is that 
1414 CONGRESSIONAL RECORD- SENATE. FEBRUARY 24, 

it will not require three-quarters of an hour to dispose of every case that now stands upon the Calendarofthatchamcterwhich has ueen 

favorably reported. 

Mr. ALLISON. In response to the suO'gestion made by the Senator from Tennessee, I will say that if the urgent deficiency bill is 

taken up at half-past one, I will consent that it may be laid aside 

informally for fifteen or twenty minutes, or half an hour, to dispo e of the pension cases; but of course I cannot consent to that if the 

Jlension cases are to occupy much time, because this appropriation 

bill ought to be passed to-day. 

·1\Ir. ~D~1UNDS. !have observed thatwhenspecialclassesofca es are taken up in this body from any particular committees the Senate .is always immediately deserted by a majority of the Senators; and, 

therefore, I object at this stage of the session-! do not say that I 

shall do it towards the end-to taking up pension cases or any other 

particular class of cases for continuous consideration, for the reason that for some cause or other I cannot persuade myself to stay and look 

after matters that the committees I have to do with have not reported. 

The PRESIDENT p1·o tempore. The question is on the motion of 

the Senator from Colorado to set aside the Anthony rule, with a view 

of proceeding to the consideration of order of business No. 163, on which the yeas and nays have been ordered. 

The question being taken by yeas and naysJ resulted-yeas 21, nays 

28, as follows : 

.Allison, 

Bayard, 

Blair, Butler, 

Call, 

Cameron of Pa., 

Beck, 

Brown, 

Cameron of Wis., 

Cockrell, 

Coke, 

Davis of lllinois, 

Davis ofW. Va., 

Conger, 

Dawes, 

]'air, 

Harris, 

Harrison, 

Hawley, 

Edmnnds, 

Farley, 

Ferry, 

Garland, 

George, 

Gorman, 

Grover, 

YE.A.S-21. 

Jackson, 

Mitchell, 

Platt, 

Ransom, 

Rollins, Sawyer, 

N.A.Y8-28. 

Hampton, 

Ingalls, 

Jonas, 

Jones of Florida, Lapham, 

Maxey, 

Miller of Cal., 

ABSE~T-27. 

Alilricb, Hill of Georgia, McDill, 

.Anthony, Hoar, M<'.Millan, Camclen, Johnston, McPherson, 

Frye, Jones of Nevada, Mahone, 

Groome, Kellogg, Miller of N. Y., 

Hale, Lamar, Mor17an, Rill of Colora-do, Logan, Pendleton, 

So the motion was not agreed to. 

Teller, 

Voorhees, 

Windom. 

Morrill, 

Plnmb, 

Pu!7h 

Sa~bury, 

Slater, 

Vance, 

VanWyck. 

Saunders, 

Sewell, 

Sherman, 

Vest, 

Walker, 

Williams. 

INTER~AL REVENUE EDUCATIO~AL FU:ND. 

The PRESIDENT pro tempore. The first bill on the Calendar under 

the Anthony rule is the bill (S. No. 850) to appropriate and expend 

the entire income derived from the internal-revenue taxes on the 

manufacture and sale of distilled spirits for the education of all the 

children livin~ in the United States, which was introduced by the 

Senator from Illinois [Mr. LOGAN] and read the first time. The bill 

will be passed over, as it is understood that the Senator from illinois intends to ask the Senate to hear him upon it. 

JAMES BURKE. 

The bill (S. No. 138) for the I'elief of James Burke was announced as next in ordel' upon the Calendar. 

Mr. INGALLS. Let the report be read. 

The Acting Secretary proceeded to read the report submitted by 

Mr. MAXEY, from the Committee on Military Affairs, January 17, 

1882. 

1\Ir. EDMUNDS. I ask to have the bill laid aside informally for a few rnin.ntes and go on with the next case. The bill recalls to my 

mind a belief that this question was once before the Committee on the Judiciary, and was reportecl upon by that committee one way or the other. I should like to look it up, it not losing its place. Let 

it be laid aside informally for a moment. 

Mr. MAXEY. I made the report in this case. I do not think the c.ase was ever before the Judiciary Committee. It was ·before the 

Sena.te Committee on Military .Affairs and reported favorably, and 

passed unanimously at a former session. 

Mr. EDMUNDS. I dare say that is so, but I should like to look at 

the report. 

Mr. MAXEY. I only state that fact fo1· information. 

Mr. EDMUNDS. I merely ask that it be laid aside informally. 

:Mr. MAXEY. I have simply discharged my duty about it, and 

now it is for the Senate to decide what it will do. 

The PRESIDENT pro te:rnpore. The bill will be passed over informally and the next bill on the Calendar will be announced. 

MARK WALKER. 

The bill (S. No. 297) for the relief ofl\Iark Walker was considered as in Commht.ee of the Whole. It suspends the provisions of law 

regulating appointments in the Army for the purpose of the act, and 

only so far as they affect Mark Walker, late a first lieutenant in the 

Nineteenth United States Infantry, and authorizes the President, in 

tke exercise of his own discretion and "udgment, to nominate and, by 

and with the advice ancl consent of the Senate, appoint Walke1·, late 

a first lieutenant in the Nineteenth United States Infantry, to the same grade and rank of first lieutenant held by him on May 13, 

187i:l; and Walker shall thereupon be placed u~on the retired list of 

the Army, provided the same shall be recommended by the retiring 

board. 

The bill was reported from the Committee on Military Affairs with 

an amendment to add at the eml the following proviso : 

Provided, That the acceptance of the provisions of this act shall be a. waiver to all right, present and prospective, under the pension laws of the United States. 

Mr. INGALLS. Let the report be read. 

The Acting Secretary read the following report, submitted by 1\Ir. 

HARRISON January 17, 1882: 

The Committee on Military Affairs, to whom was referred the bill (S. No. 297) 

for the relief of Mark Walker, late first lieutenant Ninet,eenth Infantry, having considered the same, submit the following report: That the committee find the facts to be as stated in Senate ReportNo.l37, Forty- sixth Congress, second se sion, which said report is hereto annexed and made part of this report, and is as follows : 

"[Senate Report No. 137, Forty-sixth Congress, second session.] 

" The Committee on Military Affairs, to whom was referred the bill (S. No. 2) for 

the releif of Mark Walker, have had the same nnder consideration, and make 

the following report: 

"That the records of the War Department show that Walker entered the mili- tary service as a corporal of Company G, Fifteenth Indiana. Volunteers, Jnne 14, 

1861, was subsequently appointed sergeant, promoted to second lieutenant January 1, 1863, and to first lieutenant March 1, 1863. He was so severely wonnded at the 

battle of Stone River, December 31, 1862, as to compel his absence from his regi- ment nntil March 1, 1863. He rendered faithful service nntil J nne 25, 1864, when 

be was honorably mnatered out. He re-entered the service as a. captain in the 

Two hundred and fourteenth Pennsylvania. Volunteers March 30, 1865, and 

served in the Shenandoah Valley and in this city until January 22, 1866, when 

mustered out. He was brevetted major of volunteers March 13, 1865, 'for gallant and meritorious services during the war.' He was subsequently appointed second 

and first lieutenant of the Nineteenth Infantry, regular Army, his appointment to both grades dating February 23, 1866, and was brevetted captain March 2, 1867. 

He continued in the service until April 29, 1878, when he was dismissed, pnrsnant to the findings of a general court. martial, 'for drunkenness on duty, in violation of 

the tbirty-ei~hth article of war,' to take effect May 13, 1878. 

'' The specification of the charge on which Lieutenant Walker was tried is-

" 'In that Firat Lieutenant Mark Walker, Nineteenth Infantry, bein~ on duty in command of his company at nndress parade at retreat, at Fort Lyon, Colorado, on or about December 24, 1877, was found drnnk.' "To the charge and specification Lieutenant Walker pleaded guilty. "The occurrence on which the charge was based happened on Christmas eve, an occasion on which the tendency to conviviality in somal intercourse, and nota- bly in Army intercourse on the frontier, though not excusable, is certainly far too general. '!'be 'duty' npon which the accused was found in an intoxicated con- dition, while falling within the prohibition of the article of war, was evidently not of that character which involves the highest degree of respon il>ility on the part of the officer. The record shows that Lieutenant Walker, during his service of 

sixteen years, had never before been accused of any misconduct. 

"It is abundantly shown, as well as by the records of the War Department, set- ting forth frequent absences on sick leave, as by the concurrent testimony of 

brother officers and the certificates of Army surgeons, that at the time of the 

commission of the offense Lieutenant Walker was, and for several years had been, suffering from a complication of diseases, which for long periods had rendered him 

wholly nnfit for active service. 

" While the charge upon which he was dismissed was pendin!!, be applied to be 

ordered before a retiring board with a view to retirement for diBability, but the 

application was suspen<fed to await the result of the trial. In support of this ap- plication the po!it surgeon at Fort Lyon certified that he had served at the same post with Walker from December,1874, toMay,1875, and again, at Fort Lyon, from 

July, 1877, to the date of the certificate, December 2a, 1877; that Walker had fre- qu~ntly been under medical treatment; that he was suftering from valvular dis- ease of the heart, and subject to frequent attacks of acute rheumatism, and that be was wholly unfit for active service. The surgeon further certified that, in his 

opinion, Walker would never be fit for such service, and that the diseases men- tioned were contracted in the service. Prior to the commission of said offen o, name- ly, on November 8, 1877, the colonel of his re~iment bad recommended that be ' be 

ordered before a retiring board for examination, with a view to his being retired 

from the service.' 

" In RU bmi tting the case to the Secretary of War for the action of the President, 

the Judge-Advocate-General of the Army commented upon the record as follows : 

mi~ftth':!~'ffe~s~fo~:hfJ!~:b:~ f:e!~u:-::ua~tt:O ~~d~~nt~~~;~~ cc~:::~ acter of the duty upon which he wasenga~ed,~ misconduct, it is submitted, was much more venial than nnder ordinary mrcnmstances it would be right or expe- dient to hold it. The case appears to be one in which considerable clemency may well be exercised; the more clearly so when the accused's ill health, apparently the 

result of wonnds and severe serVIce, and his honorable record, are taken into con- sideration.' 

"General Pennypacker, the president of the court-martial, writes to the Ad· jl!tant-General of~the Army, nnder date of March 9, 1879, recommending that 

Walker be restored and placed on the retired list. He says: " 'I considered at the time of his trial that hls was a very hard case; that he was undoubtedly affiicted very much from exposure incident to the service. Yet, as be plead guilty, there wa-s nothing for the court to do but the action taken by them. '!'be circumstances aurrounumg the case, the time which the admitted of- fense was committed, the physical condition of the accused, all tend to induce me to make this recommendation as an act of justice to Mr. Walker.'" 

The committee find that the amendment recommended at the last session is not incorporated in the bill, as it was introduce-d at this session. They therefore rec· ommend that the bill be amended by inserting at the close thereof the following 

proviso: "Prwided, That the acceptance of the provisions of this act shall be a waiver of 

all rights, pre ent and prospective, under the pension laws of the United States." 

And they recommend that the bill with this amendment be passed. 

Mr. INGALLS. What is the occasion of the amendment t If this 

is a meritorious soldier and he has been disabled in the line of duty, 

why should he not be entitled to a pension, or his survivor in case 

he dies! 

Mr. HARRISON. The amendment was adopted by the committee 

at the last Congre88, and the committee inserted the provision in the 

pending bill. I • am entirely willing that the amendment shall be 

striclum out. It was thought by the committeo, however, that 

f 

/ 
1882. CONGRESSIONAL RECORD-SENATE. 1415 

placing him on the retired list was the equivalent for any relief that 

h(:) might be entitled to receive under the pension laws. 

Mr. COCKRELL. I understand it has been the rnie of the Committee on 1\filitru.·y Affairs not to place any person upon the retired 

list as an officer of the Army who was at the same time iliawing a pension. The retired pay is necessarily in lieu of all pension; and 

therefore the committee recommended this amendment. I do notremember whether I was present at the time the bill was passed upon 

by the committee, but I suppose it also contained another usual provision inserted in such bills by the Committee on Milita.ry Affairs to 

the following effect : 

And providedjurtli.er, That the said Walker shall not be entitled to any allow- ance, compensation, or anything of that kind under the provisions of this act. 

Mr. HARRISON. I do not think that provision is necessary at all. 

He has been out ofthe service since 1878. 

Mr. COCKRELL. That is all very true; but we have passed one or two bills where parties under the color of those bills got a very 

large amount of back pay, and the committee has ever since that time 

guru.·ded that very carefully. 

Mr. HARRISON. The bill simply authorizes the President to nom- inate him, and does not affect the proceerungs of the court-martial. 

I cannot conceive that there is any possibility of his getting any pay 

for the time he was out of the service. 

Mr. COCKRELL. I believe it has been an almo t universal rule 

to insert such a provision, and it can do the bill no harm. Therefore 

I suggest the following additional proviso: 

Andprovidedjurther, That the said Walker shall not be entitled to anycompen- . ation or allowance prior to his appointment under this act. 

Mr. HARRISON. That will do. As the Senator first suggested 

the amendment, I could not accept it. I have no objection what- ever to that amendment. 

M.r. INGALLS. Mr. President, the bill I believe propo es to put 

the beneficiary on the retired list. It is another instance of the pro- cess of demoralization in the Army and Navy of the United Stat es that has been progressing with constantly accelerating ratio for the 

last six or eight years. 

It appears from the report in this case that Mark Walker, in com- mand of his comllany, was fotmd drunk, in a state of absolute mental 

irresponsibility, without any extenuating circumstances. The only 

pretense of anything in his favor is that it was about Christmas time 

when everybody got drunk; and that the tendency to hilarity at 

that time was so extraordinary that it ought to be con~:~idered a valid excuse fo1· the commandiug officer of a company to so far forget his 

8bligation to his country and to the oath he had taken as to become 

dnmk himself. The proof was so clear that he plead guilty "n,nd was dismi sed by a court-martial without any recommendation whatever to mercy. 

I have seen it stated somewhere in the public print that out of sev- enty dismissals from the service for drunkenness dming the pa t 

administration, more than forty were restored by the absolute intervention of the executive power of pardon to the places from which 

they had been distnissed; and that was a temperance adminllitration. 

Now, Mr. President, I venture to say in the first place that no officer who has been dismis ed from the service for drunkenness ought ever to be restored. It is an offense so totally inconsistent with every obligation of a soldier that when it ha-s once been fully proved it never ought to be forgiven; and I will add further that the comse that wa taken by the Commander-in-Chief of the Army dming the last administration did more to demoralize the morale and discipline and more to .degrade the public service than a hu~dl·ed defeats in open battle wonid have done. - I suppose, sir, th:tt it will be superfluous to attempt to resist this 

additional step in the proces!! of demoralization and degradation. I 

do not propose to call for the yeas and nays upon the passage of this 

bill, but I felt it to be incumbent upon me not to permit this bill to 

pass without calling attention to the fact of the extraortiinary nature 

of the circumstance presented in the report, and prote ting so far as my voice can do it against the further continuation of this demoralizing and degrading process. 

Mr. HARRISON. Mr. President, I am not prepared to pronounce 

any offense unpardonable, or to say that the offense of drunkenness, 

to use the very harshest term that may be applied to the offense charged - against this officer, may not have such extenuating circumstances a-s to justify the military authorities and this body in overlooking it. 

The circumstances of this case, I think, furnish in an unusual degree 

those circumstances of extenuation and mitigation. I am not one of tho e who believe that an offense like this shonid be visited by a punishment disgracefni in it elf and irremediable by any act of any 

pnblic authority. 

\Ve have here the case of a solclier who at the very beginning of 

the war enlisted in a volunteer regiment from the State of Indiana, 

entered the service as a private soldier, and for his faithful services 

acquired the rank of captain and brevet major before the close of the 

war, a man who came out of the war disabled by a wouncl received 

ill the bloody battle of Stone River, and who for gallant service in 

the volunt-eer army was afterwards appointed to a lieutenancy in the 

regular Army. 

Now, sir, what were the circumstances attending this offense' The 

record shows that tho duty in which the officer was engaged at the 

time he is charged with having been under the influence of liquor was the retreat of undress roll-call of his company. It further appears that it was his only offense. There is no suggestion of any habit 

of thi kind on the part of the officer from any quarter; but being 

at a frontier post he yielded so far to the conviviality of a Christ- mas-eve occasion that at the retreat roll-call of his company he was found under the influence of liquor. 

Mr. Pre ident, it is a very hard rnie to say that that officer shall 

have no relief, that we will here to-day forget all his gallant services, 

forget the bloody field of Stone River and his prostrate and bleeding 

form upon that battle field, and the fact that he is now a helpless 

invalid by reason of that wound received for his country, and that 

this offen e, committed under such circumstances, shall wipe out all 

snch services. 

Mr. President, I shall count this as a very small influence in the 

direction of the demoralization of the Army. I undertake to say 

that when such services are recognized by the Congress of the United 

States, and a clisposition to pa s over an offense as trivial as this in 

consideration of tho e services is shown, so far from demoralizing 

the Army we shall stimniate men to make a record such as Captain 

\Valker made. 

I do not desire to detain the Senate. Here is the recommendation 

of the president of the court-martial; here is the recommendation of 

the Secretary of War and oftheJudge-Advocate-General suggesting 

that clemency shall be shown toward this officer in this shape. It seems to me we may permit them to judge, or if not we may judge ourselves from these facts, whether this is not one ofthemo tmeritorious cases that could possibly be brought before the Senate. 

Mr. BLAIR. I think, Mr. President, I wonid go as far as almost 

any one in j;he adoption of measures which should have the effect of a thorough, permanent temperance reform in this country; but it is 

hardly worth while for the American people to spend their time in 

killing flies. r.rhe evil of intemperance, to which we all object and 

which we would all gln.d.ly see removed, is one that can only be over- come by broader measures, by the widest and most pertinent form of 

statesmanship. Here is a man who ha.d no drinking habits, who never ha been intoxicated but once in his life, who bas rendered 

extraordinary service to his country, who has evidently indulged 

himself in the improper use of liquor far less than mult.itndes of men who, de erving well of their country, have received its hi~hest re- wa.rds; and uow we are asked to condemn this man, to infhct upon 

him a tigma such as is affi.xed. to hardly any other eminent, prt~minent, and influential public servants in the Army anti in the Navy 

and out of the Army and out of the Navy who deserved well of their 

country and who have received its highest commendations. 

Now, sir, to pick out this man and for this comparatively trivial 

offeu e to stamp upon him, to obliterate him from the Army, to re- fuse to show him any thing like mercy when there is no man who 

does not need mercy for some fault or other, I think would be uelitt!ing the great motives which lie at the fo'hudation of be successfni 

prosecution of the temperance reform in this country. I believe myelfthat that reform, and those who a-dvocate it, will be stronger if 

in individual cases like this they hold out hope to the man who may 

have the objectionable habit. What chance is theret what encouragement is there for a man who has that habit to break it off, to become a. respected and a usefni citizen in the society where he may live anti 

to the country w]lich he may desire to serve, if for a comparatively 

trivial offense of this kind he is to be selected and made a. conspicu- ous example of the wrath and the condemnation of the country Y 

For one, I vote very cheerfully, and I vote as I think a consistent 

and an earnest temperance man, for the restoration of this gentle- man to the Army. 

Mr. EDMUNDS. Mr. President, the effect of this bill, if I read it 

correctly, is to restore this person, whose name I do not remember, 

to precisely the same grade and precisely the same rank that he held 

in the Army at the time he was ilismissed pursuant to the sentence of a general court-martial. That, I think, was in 1878. So then, after 

four year of civil life, he goes back into the Army exactly where he 

would have stood if like his brother officers he had been fighting the 

Indians and enduring the hardships of frontier service all this length 

of time. The thing that troubles me is not so much the question of 

forgiving this gentleman for whatever fault he committeti, but 

whether it is just to the officers who were his brethren at the time he was justly dismissed, legally dismissed, to put him back over the 

heads of men who for more than four years have been fighting the battles of their country against the Indians-I believe there ha been no other actual conflict of arms-and enduring the severities of frontier service. Is that right f · Mr. HARRISON. I desire to say to the Senator from Vermont that 

this billdoesnotpnthim back on theactivelistoftheArmy at all. It 

provides for his reappointment to the Army and to his being placeti on the retired list. I do not see how that affects the rank of any one in the Army. 

Mr. EDMUNDS. Let us see, Mr. Pre ident, whether my fri-end 

from Indiana is correct. The bill reads: 

That the provisions oflawregulating appointments in the Army are hereby sus- pended for the purpose of this act, and only so far as they affect Mark Walker, 

late a first lieutenant in the Nineteenth United States Infantry ; and the President 
1416 CONGRESSIONAL RECORD-SENATE. FEBRUARY 24, 

ean if he so clesire in fhe exercise of his own discretion and judgment, nominate 

and' bv anrl with ilia aclvice and consent of the Senate, appoint said Mark Walker, late' a. first lieutenant iu the United States Infantry, to the same grade and rank of 

first lieutenant held by him on May 13, 1878. 

So much. Then comes a semicolon. 

Ancl th:1t the s.'lid Walker shall thereupon be placed upo~ f.J.e retired list of the 

Army, provicletl the same shall be recommended by the r ettrmg board. 

That is to say he goes on the retired list exactly as other officers 

of the Army go 'on the retired list, wh~n the;v: have b.een trieu, inspected, and it is found that the public serviCe req~res that t?ey 

should. Until that is done, exactly as every one of his b~ oth r li.eu- tenants may go on t.he retired .lis~, he is t.o stay in. the active s. rvJ.C~. 

Now it does seem to me that It IS carrymg forgiveness for mtoXI- cati~n of an Army officer while on duty a good ways, to.l av: ~ him the comforts of peace and civil life for four years while his 

brethren are exposed to all the peril of the s~rvice. on the frontier 

and then decorate him for thn.t offense by putting him back ~xactly 

where he was before over their heads. That is the trouble w1th me. Mr. HARRISON. If the effect of these words, "provided the same shall be recommended by the retiring board"--

The PRESIDENT pro tempore. Is it the pleasure of the Senate that 

the Senator from Indiana proceed T ["Yes; go on!"] Mr~ HARRISON. lftheeffect ofthose words be what the Senator 

from Vermont supposes, I am en~r ~y :willing th.at they .shall. be 

stricken out of the bill, and let th.lS bill Itself ~r?VIde for his trr~­

ment without reference to the action of the retrrmg board. Practically however, there is nothing in the objection. :M/ SHERMAN. Mr. President, what the Senator from Indiana 

proposes is just what I object to in this bill. I would far rather re- store an Army officer to his rank in the Army on theactivelistwhere 

he will have a chance to show by active service that he.has changed 

his habits and _redeemed his character; but to put a man on the re- tired list is to exclude from that list a soldier who may have passed 

untarnished twenty or twenty-five years ofhonorabl~ service. . . Mr. HARRISON. Will the Senator allow me to mt~rrupt him f 

There are abundant certificates of Army surgeons showmg that Mr. 

Walker is incapable of n.ctive service, greatly broken down by reason ofwouncls. 

Mr. SHERMAN. Thn.t is precisely what I wished to call attention 

to. I know now and I see in my mind's eye a captn.in who served 

through the war, a graduate o~·wes~ Point, .who is~ cn.ptain in the 

Army, (lisabled after long service, with medlC!'l-1 certificates to s~ow 

that if he is retained at his present post he Will undoubtedly die of 

his wounds and all he prays for is to be put on the retired list. He 

is now far ~ff and has been th~re in some of the most difficult serv- ice of the ~y among the Indians. All that he prays for from this 

Government is to be put on the retired list. He ha~pas ed through 

all his life without blemish, without any court-martial, or any accu- sation. It seemed to me when that case was presented to me that 

it was a very proper one, and that it might be easy for me to get him 

put on the retired list; but I was told at once that it could not bo 

done· there are only so many vacancies on the list, and it is probable 

tllat ~ertain retirements by retiring officers of the highest grade will 

fill up the list to three hundred, and this poor captain must remain 

where he is. 

The injustice ofthis kind oflegislation is very great indeed; and one of the objections I had to the bill that passed yesterday was that 

General Grant, under the language of the bill as. it stood during the 

day would have crowded off some worthy soldier who had served 

with honor and fidelity in the regular line during ma?y ~ear~ :;tnd 

looked to the retired list as the home and refuge for his disability. 

Bnt t.hat was amended upon my motion so as to make his case an exception and to add it to the number of three hundred; and on account 

of the hiO"h and eminent services of General Grant I was very glad 

indeed tg vote for him after his bill was so amended that his retirement did not count against the officer of the regular Army who is now earning his retired pension. 

Without knowing anything about the merits of this ca-se, and with a willingness to pardon this off~nse. committed four yea~s a.go und~r 

peculiar circumstances, the obJection .I hav~ to the. ~Ill 18 that It 

places this officer who had been cashiered rn a positiOn where an officer who han served faithfully without fault cannot get. You must 

either enlarge without limit the list of retired officers, or you must· cease to put, by acts of legislation, these hard cases on. the retired 

list. to crowd off officers who have served honorably, without fault, during twenty or twenty-five years of service. . Mr. INGALLS. I move that the bill be recommitted. 

The PRESIDENT pro ternpore. The Senator from Kansas moves that the bill be recommit ted to the Committee on :Military Affairs. 

The motion was agreed to . . 

JAMES BURKE. 

Mr. EDMUNDS. · I now ask the Senate to t ake up the bill that was informally laid aside at my suggestion. I do not wish it to be 

prejudiced by my desire to look into it. 

The PRESIDENT p1·o tempore. The bill will be called up. . The Senate, as in Committee of the Whole, proceeded to cons1der 

the bill (S. No. 138) for the relief of James Burke. It ~roposes to 

appropriate $180.40 to enable the Secre~ary of War to reunb~rse to 

James Burke, superintendent of the national ~emetery at Salisbury, 

North Carolina, the amount of a judgment, costs, and disbursements, 

which judgment was obtained aga~st Burk~ ~the circuit court of 

Pulaski County, Kentucky, at a smt of William H. Logan, for au alleged trespass by Burke, committed while in discharge of his duty as superintendent, which Burke defended. 

Mr. EDMUNDS. The Secretary had not finished reading the report 

when I asked that the bill be laiu aside. Let the Secretary proceeu with and finish the reading of the report. 

The Acting Secretary resumed the reading of the report. 

The PRESIDE}.TT pro ternpm·e. The reading of this repoTt will 

occupy the residue .of the morning hour. Does anybody des~e th ~t 

the r eading be fimshed Y The Senator from Vermont has mvesttga.ted the case. The reading will be dispensed with, if it is not 

desired. Mr. EDl\IUNDS. I think it had better be read through. I have not investigated it; I have only satisfied myself that I was mistaken 

in one point. 

The Acting Secretary resumed the reading of the report. 

Mr. ANTHONY. I suggest to my friend from Iowa who has charg~ 

of the bill which is to come up at the close of the morning hour that 

he give the Calendar half an hour longer, as was done yesterday. 

It will not delay the passage of his bill at all. 

Mr. ALLISON. I should like very much to accommodate my friend 

from Rhode Island, but I have already committed myself partly to 

the Senator from Nebraska, [Mr. VANWYCK, ] who wishes to make a few observations upon a topic of great interest to his people, occu- pying but a few minutes, and I am afraid if I agree to extend the 

Calendar half an hour something may interfere whereby we may not 

be able to finish the appropriation bill t.o-day, which it is very important we should dispose of. 

Mr. DAVIS, of West Virginia. I hope the chairman of the ~ommittee on Appropriations will a.llow thehalfhour. Thenext bill on the Calendar is one from his own committee which is very important. 

It is in relation to permanent annual appropriations . The PRESIDENT p1·o tempo-re. The reading of the report will be 

continued. 

Mr. MAXEY. I hope the Senator from Iowa will allow this matter 

to be concluded-it is about half through-as I want it disposed of. 

The PRESIDENT pro tempore. The reading of the report will be 

continued. 

The Acting Secretary resumed and concluded the reading of the 

report, as follows : 

The Committee on Military .Afthlrs, to whom was submitted the bill (S. No. 138) 

for the relief of James Burke, respectfully submit the following rep?rt : This case was before this committee (see Senate bill No. 1771) durmg the Fortyfifth Congress, third session, and report thereon (724) was submitted by Mr. BVT· LER on behalf of the committee, from which the following is adopted : "The case is stated by the letter from the Secretary of War, with accompany· ing docv.ments, as follows : 

"A. "WAR DEPARTMENT, 

"Washingtvn City, December 18, 1878. 

" The Secretary of War has the honor to transmit to the United States Senate a 

communication from the Quartermaster-General, elated ~cember 11, 1878, trans- mitting a request from Superintendent James Burke for reimbursement C?f costs. of 

suit entered against him by W. H. Logan for alleged trespass, togetherWlthcopies ofnapers relating to the subject. t. The letter of the Quartermaster·Genera.l states the facts of the case, and con- cludes as follows : _ "'I think that a wrong has been done Burke under the color of law, and that his 

claim is just; but I know of no appropriati!ln und~r co.ntrol of the War Depart· ment which could beproperlyd.ra.wn upon tomdemnify¥tn. I suggest, the~efore, 

that the papers in the case be referred to Congress, Wlth a recommendation for 

favorable consideration.' 

''Concurring in the views of the Quartermaster-General, the case is resp.ectfully 

submitted to Congress, with recommendatio~ that an act b? passed to re!J:!1burse Superintendent Burke for the costs of the smt and attorneys fees, amounting, as appears from accompanying sworn statement, to $180.40. 

"·Respectfully submitted, 

"GEO. W. McCRARY, 

" Tho PRESIDENT of the United States Senate. " Secretary of TVar. 

"B. 

''LOGAN' S CROSS ROADS, KENTUCKY, 

''October 12, 1875. 

"Sm: Respectfully referring to letter of September 20, (0. N . C. 2363, '75,) in 

regard to the difficulty between Mr. Logan and Mr. Burke, I have the honor to submit the following report: . • ·• The colored laborer was sent by Mr. Burke to whitewash the picket fence on the north side of the cemetery, along by the outside of which was a growth of blackberry and other bushes. Iri order to do this the laborer cut down alongside of the 

fence a path about four feet wide, most of which was on Mr .. Logan:s land. ~he 

act was I believe done for no other purpose except to make It possible to whlfe. wa h the fence on'the out.side. The value of the blackberry briers is nothing ; in 

fa<Jt, it is really an advantage to Mr .. Logan's land to have them cleared off, and is so considered by every one m the neighborhood. . . "The suit was brought on account of a. personal ennntv of Mr. Logan agamst the 

superintendent. In incidental conversation with the former, he the .same as ad· mitted to me such to be the fact. The quarrel has been oflong standing. and the 

law has had to settle two cases already, both of which w~re cide~.". in th.e vor 

of the superintendent, showing that the latter was considered to be the IDJnred 

party in both cases. . . •' r n this matter advantage was taken at once of the trespa.'ls to brmg smt. " Mr. Logan has the general reputation of beina continually in litigation a:nd 

quarrel with neighbors. I have endeavored to fina out about the who~e trouble 

before this time, by conversation ~th both parties concerned, and ~th others 

knowing to the facta, and I am satisfied that the fault rests almost entir~ly on Mr. 

Logan in the matters aud troubles. His effort is to embarrass the !'npermtendent 
l 

\ 

\ 

i 

1882. CONGRESSIONAL RECORD-SENATE. 1417 

and make his stay in the vicinity unpleasant. The superintendent has a good reputation ancl good credit both here and at Somerset, and I believe is attentive to his official duties. .A.t his request! made an offer to Mr. Logan to leave the amount of tlamage done to the arbitration of two disinterested persons, but the offer was 1efu ed, the reason being given by Mr. Logan that the question of boundary on the 

cemetery front is also involved. Reclaims that he owns a strip of land along the 

front o(the cemetery and between the cemetery boundary and the Columbia and 

Somerset road, on which there has been continual trespass by the superintendent. 

The deed to the United States, however, states as explicitly as is possible that 

each of the front comer-stones and the front boundary-line between them is on the line of the road referred to, so that there then can be no space between the 

road and the cemetery property. ·· The suit was not called up this session, but was et for the next circuit court in April of next year. '·Very respectfully, your obedient servant, 

"C. M. CLARK, 

"0. E. Q. M. Department. " Captain A. F. ROCKWELL, . "Ass·istant Quartermaster, U. S. A., 

"In charge of National Oem~te1-ies, Washington, D. a. 

" (Through Lieutenant George M. Love, actin,g a sistant quartermaster Six· 

teeuth Infantry, U. S . .A..) 

"wAR D&PARTME~T. 

" Washington City, October 26, 1875. 

"SIR: I have the honor to tran mit certain papers relative to a snit for trespa s brought against the superintendent of the national cemetery at Logan's Cross 

Roads, PuL'lSki County, Kentucky, and to request that yon will direct suitable 

counsel be employed to defend the superintendent in the same, as well as the inter- ests of the United States. 

"I am, sir, very respectfully, your obedient servant, 

"W'.M. W. BELKNAP, 

" To the honorable the ATTOR!I."EY·GEli"EUAL. "Secretary of War. 

"DEPARTMENT OF JUSTICE, 

"Washington, October 29, 1875. 

"Sm: I have l:he honor to acknowledge the receipt of your letter of the 26th 

in8tant, together with a copy of a report from Captain .A. F. Rockwell, assistant 

quartermaster United States Army, in charge of national cemeteries, and a letter 

of Major-General Rufus Ingalls, Acting Quartermaster-General, referring that re- port to you, and requesting that the su~ject of the report be sul?mitted to me, !lJld 

asking that the necessary measures be taken to defend the smt brought aga.mst the superintendent of tbe national cemetery at Logan's Cross-Roads, Pulaski 

C01mty, Kentucky, which request is referred to me by you. The snit is one .of 

trespass against the defendant for entering upon lands of ihe plaintiff, and the 

damages are laid at $60. 

"From the statement of the case, I do not see bow the title of the United SW.tes to the cemetery grounds can be brought in question, and the cost to the United 

Hta.te of deff\nding the action would be much greater than tl1e damage claimed. 

I do not think, therefore, that it is expedient to instruct the United States attorney 

to ~~::~·;g[o!~e~e!~~he~rewith returned. 

"Very respectfully, your obedient s-ervant, •· EDW .A.RDS PIERREPONT, · ".Attorney-General. 't.Hon. W. W. BELKNA.l', Secretary of War. 

"WAR DEP AllTIIR!I."T, 

" Wa-shington Oity, D. 0., December 2, 1875. 

·' SIR: I have the honor to aclrnowledze the receipt of your letter of October 29, 

1R75, transmitting certain .Papers relative to a request of this Department for 

counsel to defend the supermtendent of the national cemetery in the snit for tres- paA!! instituted against him in the discharge of his official dutie . "'£be amount of damages claimed, it seems to me, is immaterial. This Depart- ment a.c; umes the action of the superintendent and desires t() .Protect him in the 

impending snit, and I have therefore again to request that you direct suitable coun- sel to be employed to defend him in the case. "The title to the cemetery grounds is not involved in the snit, although it seem!! 

from the 1·eport of the civil engineer (herewith) that the question of boundary may arise. 

"I am, sir, 'l"ery respectfully, your obedient servant, 

"Tlte Ron. ATTOR!I.""EY·GEJ\'ERAL. 

"WM. W. BELKNAP, 

"Secreta1-y of War. 

"WAR DEPARTlffiN'l', 

"QUARTER111AST&R·GENERAL'S OFFICE, 

" Washington, D. a., April26, 1877. 

"SIR: I have the honor to inclose herewith a communication of Superintendent 

Ja.me8 Burke, of Logan's Cross-l~oads National Cemeter_y, requesting information as to the action taken in the matter of a certain snit agamst him for trespass now pend in~. 

•· ThLS case was first submitted to the Department of Justice October 26, 1875. 

"Tl1e Attorney-General, in a letter dated October 29, 1875, expressed the opinion 

~f~l~}!:.~~~~cldt e~ec!~~ee~~!>~"~ec~~~. States to defend the suit, a,s the cost 

'' The War Department objected' to this view of the case, and renewed its request for the Department of Justice to defend the suit. (See letter of Secretary .Belknap of December 2, 1875.) On August 10, 1876, the attention of the Department of Justice was invited to the matter, and information was requested as to what action 

l1atl been taken in the premises. 

"In reply the Attorney-General statoo that no action had been taken, and 

reqne. tecl a. copy of the plaintifl"s declaration. •· This was furnished Septemper 22, 1876, and nothing further has been heard 

from the Department of Justice on the subject. 

"It woultl seem to bedueto the superintendent, no less than t.o the War Department, that orne action should be taken in tlie premises, and that forthwith. 

"I inclose an extract from a report of Colonel N.H. Davis, inspectoq?;eneral, oo the Logan's Cross Roads National Cemetery. I concur with Colonel Davis in regard to the propriety of the Unitec:l States defending the snit. 

"The alleged h·espass occ.urred while the superintendent was attending to his 

official duties. The cost of defense may, perhaps, be more than the dama.ges claimed; but the superintendent, out of his small compensation, can afford to pay neither, nor does it seem right that he should be compelled to._ "Very respectfully, your obedient servant, 

"M. C. MEIGS, "()nartermaster-General, Brevet Major-General, lfnited States Army. "Tho honorable the SECRETA.RY OF 'V AR. . 

"NEw YoRK CITY, October 23, 1876. 

"SIR: I have the honor to submit herewith my report of an inspection of the 

Logan's Cross-Roads National Cemetery, Kentucky, second-class, inspected October 7, J876. * 

".An lmfriendl,Y feelinaexists between Mr. W. H. Logan and Burke, the super- intendent. Theformero~s the land adjoining the cemetery, and seem disposecl to clictate and annoy from an overbearing spirit, and in mean and petty ways. Burke seems very independent and ill-disposed to conciliate. 

"For having tbe briers and brush cut away so as to allow the Govermnent fence to be painted and whitewashed, Logan has sued him for $60 trespass and $60 damages. The act produced no damage, but rather a benefit to Logan's land. The tre pa-s is such only in law, or technically, but not really. The ca e was post· 

poned at the term of the circuit court of Pu1aski County last spring to the fall term, at which term, recently, it wa not reached. Burke asks that counsel by the United 

States to defend him in the snit, and has made application through or to Capta.lu 

.A.. F. Rockwell, assistant quartermaster, at Wa-shington, on duty connected with 

the national cemeteries, for counsel. No reply received. 

''I think he justly deserves protection in this matter, and the aid of counsel to be ~ished by t;te United ~tates. 

" Very respectfully, 

"The INSPECTOR-GENERAL, 

"N. H. DAVIS, 

"IMpector-Ge11.e-ral, United States Army. 

"Headquarters Army of the United States, 

"Washington, District of Oolrtmbia. 

" (Through headquarters Division of the Atlantic.) 

"DEPARTMENT OF JUSTICE, "Washington, May 5, 1877. 

"SIR : I have received yom letter of the 3d instant, referring to former letters from 

the War Department to the Department of Justice, relative to a. snit brought by 

W. H. Logan a~ainstJ ames Burke, superintendent of Logan's Cross Roads National 

Cemetery, for trespass and damages, and transmitting a letter of the 26th ultimo, 

from the Quartermaster-General, with two inclosures, touching the matter. You 

request that the Department of Justice will take measures Ior the defense of 

Superintendent Burke. Upon examining the report of the inspeotor-general, N. H. Davis. I am of opinion that the United States should not assume thereSJ?Onsibilitv of the act of Superintendent Burke, and should not defend the case for 

hrm. .A.ceording to that report Burke was on bad terms with Logan, and was ' very independent and ill-disposed to conciliate.' Under the inftuence of this 

fe-eling, he entered upon Loj!an's ground and cut the briers and brush away so that 

the Government fence might be painted. For this act he is now sued in trespass 

by Logan. Whether the act did or did not produce any damage to Logan'R land, 

it was a clear violation of his right of property, for which Logan is entitled tore- cover at least nominal damages. There was no ,iustification for this trespass on the 

part of Burke. No question is involved having any reference to the title of 'the 

United States to its lands. While it is state<l that 'the alleged trespass occurred 

while the superintendent was attending to his official duties,' in the letter of the 

Quartermaster-General, the facts show that he had no official duty which entitled 

him to enter upon the land of a private citizen and to disturb the shrubbery there ~rrowing, whether wild or otherwise. It is not for a person thus intruding to say i'bat he llas benefited the land of the owner. The owner is entitled to the posses- sion and enjoyment of his property without such distm·bance. 

"Very respectfully, your obedient servant, 

"CHAS. DEVENS, 

"Ron. GEORGE W. McCRARY, Secretary of War." ''Attorney-General. 

The case was tried in the circuit court of Pulaslri County, Kentucky, at its September term, 1877, and the transcript shows the following to have been the verdict 

of the jury: "We of the jury find for the plaintiff one cent in damages," which 

verdict, it appears, according to the laws of Kentucky, carried the cost . 

The transcript shows plaintifl''s costs.---·-----·.···-......... ·-·-·-.··-·. $114 85 

And the defenclant's cost.··- .. ···--··-·-·-.·-· .. ···-... ·-.·-··--·-· .... -.. 40 55 

Total costs ... -·- .......... ·-·---· .. ·----.--·.-·-·-· . . ·-·· ......... ·- 155 40 

::t'!Iuch the larget: portion of this cost bill is made up of witness fees, the witness 

ftl('.S of plaintiff am01mting to $85, and of defendant to $33. The said Burke makes 

affidavit that he paid $25 as attorney's fees. This the committee consider reasonable. 

.A.s the case was tried in plaintiff's own county, and as the verdict is for purely no;minal damages, the committee have no doubt that the tre pass was purely technical. The removal of briers. a bush of which Pulaslri County has doubtless eBough 

and to spare, is estimated by a jury of the vicinage acquainted with briers at one cent, and the ·one-cent estimate was clearly because, upon proof of trespass, the 

law demanded some damages. 

The snit was manifestly a. "spite snit." 

The officer was doing ltis duty faithfully, protecting the home of the dead, and 

hence should be relieved from the payment of costs for doing his duty. 

The case was again before the Senate, see bill S. No. 952, Report 138, and was pas!!ed by the Senate. 

Whereupon the committee report back Senate bill No. 138 without amendment 

and recommend. its passage. In making this recommendation, the committee have 

considered the character of the business in which Mr. Burke was engaged, the 

necessity for the removal of the briers in the .Protection of the fence, the aosurdity of the claim for damages, the verdict of the Jury, and all the surrounding circum- stances, and do not design this as a. precedent, unless a. special and exceptional case like it were presented. 

The bill was reported to the Senate without amendment, ordered 

to be engrossed for a, third reading, read the third time, and passed. 

ORDER OF BUSINESS. 

The PRESIDENT pro ternpon~. The hour of half past one ha.s bet'R 

reached and proceedings under the Anthony rule are ended. 

:Mr. ALLISON. I move to take up the bill (H. R. No. 4221) to provide for certain of the most urgent de:ficiencie in the appropriations 

for the service of the Government for the :fiscal year ending J nne 30, 

1882, and for other purposes. 

The motion was agreed to. 

Mr. BAYARD. I rose to press upon the Senate the consideration 

of the bill to form a commission to consider the tariff. I understand 

the Senator from Iowa has moved the consideration of a deficiency 

appropriation bill. I do not think it proper to antagonize an a.ppropliation bill as according to the practice of the body such bills have 

precedence over other measures; but after the cqnclusion of that bill, 

I shall ask th:,t.t the tariff coiilllllSsion bill be taken up. 

Mr. VOORHEES. With the permission of the Senator from Iowa, 
1418 CONG RESSION At REOO itO-SEN ATE. FEBRUARY 24, 

I desire to give notice that on Tuesday next after the mornin~ hour 

I shall ask the consideration of Senate bill No. 842, being a bill au- thorizing the construction of a building for the accommodation of 

the Congressional Library, on which I shall desire to submit a few 

remarks at that time. 

The PRESIDENT pro tempore. The Chair informs the Senator 

from Iowa that the Senator from Nebraska [Mr. VAN 'VYCK] gave 

notice that he would submit some rema1·ks to-day after the mornin&" 

hom, and accord ina to the usual courtesy, after t.lris bill is submittea. 

to the Senate, it will be laid aside temporarily for the Senator from 

Nebraska to make his remarks. 

l\11'. ALLISON. I was about to state to the Chair that the Senator 

from Nebraska had informed me that he desired to submit some observations this morning, and that I proposed to give way to him, 

consenting that the deficiency bill be laid aside for that purpose. 

The PRESIDENT pro tempm·e. If there be no objection, the bill 

,just t.aken np on the motion of the Senator from Iowa wm be laid 

aside informally. 

DEPOSITS FOR LAND SURVEYS. 

The Senate proceeded to consider the following resolution, submitted by .Mr. Van 'Vyck on the 26th of January: 

Wberea.'l the recor<ls in the General Land Office show great abuses anrl frauds 

in the smTeys allowed by deposits under sections 2401, 2402, and 240::1 of the Revh!ed 

Stntnte : Resolved, That the Secretary of the Interior be directed throu"'b the Commissioner of the G enera.l Land Office to instruct the surveyors-general to approve no more applications for surveys under the deposit system, and that all proceedings be suspe•de<l unller applications ah·eady approved until further action by Congress, so that contracts unlawfully procured may not be reco~ized aR valid. 

Resolved, That the Committee on Public Lands maKe investigation as to the nature nnd extent of such alleged abuseR and frauds; what redress may lJe had for 

any loss sustained by the Government and what legislation is llecessary to prevent a recurrence in the future. 

1\!r. VANWYCK. 1\Ir. President, by the courtesy of the Senator 

from Iowa, and with the permission of the Senate, I propose to submit a few remarks relative to there olution which I proposed in this 

body a few week since in regard to improprieties, abuses, and frauds, 

in the snrveys of the public lands. 

The a.ct of 1871 allowing settlers on the public domain to have the 

townships surveyed in which they lived so that their boundaries 

could be definitely fixed, by depo iting with a United States depo itary the estimated cost of such survey, usually $600 for a town hip, 

receiving therefor certificates of deposit which could be used to pay 

for land pre-empted in the township so surveyed, was intended as a beneficent measUI·e, but grew into great abuse and greater frauds 

when, in 1879, the law was amended so that such certificates could 

be assigned by indorsement and u ed in payment for the pre-emption 

and homestead of any Government lands. 

Before 1879 the enterpri ing raiders were restricted by the clause 

making certificate good only in the township surveyed, so they con- trind a scheme to widen the field of operations. Under the guise of 

regard for the settlers, they appeared in Congress and imposed npon 

its credulity, and by the miracle which generally secmes the passage 

of any mea. ure tmder which is concealed plunder, the bill was scarcely challenged. One feature in the record of its passage from the 

present standpoint appears significant. 

The original bill 01 was introduced in the Senate March 25, 1878; 

reported from Committee on Public Lands April 24; pa ed May 1; 

ent to House and referred to Committee on the Public Lands May. 1. 

That committee reported the bill May 11, amended by striking out 

all afte.r the enactin~ clause and inserting the timber-culture bill, 

believing that woUld be more for the benefit of settlers. Thus 

amended it passed the House the same day. A proper inquiry then 

and now-why was not the bill as amended returned to the Senate 

f01· its action f 

This clefeat made the schemers more shrewd, and waiting until the 

next, 'vhich wa the third and last, session of that Congress and near its close, not until the 27th of February, as the session closed on the 

4th of March, they reappeared in the House and the Speaker an- nounced that Senate bill 801 had been lost and an order was entered 

that a copy should be requested from the Senate. So much engrossed 

with other matters was every member that not one of the Public Land 

Committee corrected the Speaker with the information that, although 

effectually buried by the House, the bill certainly was not lost. A 

copy of the Senate bill was obtainecl and on February 28 promptly 

passed. Already or~anized, the plotters at once extended their plan 

of operations with a.ummies, straw men, and collusion with some of 

the .surveyors-general. 

These surveys are confined to lands "not mineral or reserved," 

intending to uenefit settlers, and would be most used in agricultural 

States and Territories. 

Before this amendment the deposits were small, especially in agricultural States. 

\Vith money at command these ardent friends of the settlers increased the depo its, particulru:ly where accommodating UI-veyorsgeneral were found, and the records show some, like Barkis, were willing. They sold the certificates at 90 al.ld 95, had the surveying 

contracts made to themselves or in their interest, got the work done 

for 40 or 50 per cent. of contract price. Adding 10 per cent. discount on certificates, the profit is 50 per cent., while the loss to the Government is nearly the whole amount, for many of the surveys are of no value where the lands are inaccessible and worthless, and some- times no surveys in fact made. · These deposits, in previous years of small amount, swelled dming 

the last year to about two million dollar 1 and every day increasing. 

Is every department of this Government honey-combed with kinru·ecl corruption T 

The Post-Office was raided, and one equally outrageous appears in 

the Lancl Department. 

Like the Post-Office, the Land Department produced this monstrosity of villainy under a remarkably pure administration. If more time had been spent in detecting thefts and robbers and le in decimal fractions, the differential calculus, and the orbits of the heavenly 

bodies, the Treasury would not have suffered so much detriment. 

These frauds in the Interior Department are particularly painful, 

fo1· at that time it was enjoying the distinction of po e sing all there was resthetic in the paradise of civil service. There the lily and 

sunflower of American politics were scattering their brighte t hues 

and most fragrant perfumes. 

Daily and monthly reports were regularly made, the annual ex- penditure of a few thousands was swelling into two millions, still 

there thetic chief and his pinks of civil-service reform must not be 

disturbed in their con ideration of ab tractions and theories. 

The present Commissioner, Judge McFal'land having some knowledge of the value of money and the enormity of crime, soon after his 

introduction into office began to have glimpses of the" ways that are dark," and September 5, 1881, issueu to the surveyors-general a circular warning them of the great frauds being perpetrated, and directing the manner of detecting, so as to'' annul fi:audulent conti·acts." 

The Commissioner in his report says : , 

It is believed the practical results of said act of March 3, 1879, have been to cause the survey of vast areas of land of no present and perhaps Qf no prospective value, 

and the surrender of valuable lands in payment for such surveys. 

The records also conclusively show where the surveyors-general 

must have been criminally negligent or ignorant, or in collusion with 

this band of plunderers. They had operated with much success in 

States and Territories where townships of good land could be sur- veyed, but the great object was to survey worthless lands, and then 

have the opportunity to use the certificates where lands are good. 

There would be no profit to survey largely in New 1\lexico, Colorado, Nevada, and Wyoming unless the certificates could be used in 

other States and Territories. Notwithstanding the circular of Commissioner McFarland, many of the surveyors-ueneral have continued 

making contracts. Colorado has added$180,6'00 since the clo e of the 

fiscal year, making for that State about six hundred thousand dollars 

for eighteen months. To sho·w how recklessly the e frauds are perpetrated, the arne men appear as contractors in Arizona, California, 

Idaho, Nebra ka, and Nevada. A California chief reaches from the 

l\lissouri to the Pacific. Late in the year they invaded Nebraska from 

the west, well knowing its settlers did not invoke th ir presence to 

olltain auditional facilities for surveying, and also knowing that 

secrecy was important to prevent suspicions. 

The statute allows deposits in any United States depository. There 

is one at Omaha, but better to conceal their operations they send five 

hundred miles east and make all the deposits at Chicago; then the 

contracts are made to this wanderin~ band who are so zealous to protect the interests of the settlers on tne public domain. 

The surveyor-general of Colorado realized that some expl::tnatien was necessai-y for the absorption of half a million. He says: 

This increase is due mainly to the extensions of the different lines of railway into 1-egions heretofore almost inaccessible except by pack-trains, rendering every acre of arable land valuable. 

If all the surveys were actually made for which he approved con- tracts, it is also true that the provisions and equipments for surveying parties were transported by pack-trains over the townships to be 

surveyed. The following table of figures taken from the reports of 

several surveyors-general will illustrate and sustain these charges: 

Special ~posits for sur·veys. 

State or Territory. 1878. 1879. 1880. 

California---- __ ----- __ -··-·- ___ . $13,000 $31,000 $152,000 

Colorado -----· ______ -··- ------- _ 3, 500 5, 000 86,000 Dakota. _____ --- ____ ..... --- ____ . 535 -. ---·. -· 3, 000 

Nebraska. _______ ·--···-···-----· -·-·-···---·····-----·-----· 

Nevada-·--·-----·--·········-·------·-·-- til, ooo { tn,*~gg NewMexico ..•.. ·-·--·-···------ 3,500 6,000 54,000 Oregon ______ -----------·- _____ -- 3, 000 2, 500 92,000 

Wyoming---------·--··-·-·-----

1881. 

$240,000 

443,000 

89,000 

8,900 

} 240,000 

282,000 

135,000 

t217, 000 

$74,000 

180,000 

17, 000 29,000 

13,000 

63,000 

6::1,000 

109,000 

Total----·-----··---------- 23,535 --------· ---------- 1,644,900 548,000 

,. IndividuaL 

tBy Central Pacific. 

l Surveyor-general in his report, June 30, 1881, says $36,000 has been paid, lea>-

ing an unexpended balance of $181,000. 

l 

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\ 

1882. CONGRESSIONAL RECORD- SENATE. 1419 

Cash sales of public lands under p1·e-emption laws and comntuted homesteads. 

State or Territory. 1878. 1879. 1880. 1881. 

- --------------1·----------- ----

California....... . . . . . . . . . . . . . . . . . . . . . . . . . $396, 000 Calorado. ................. . ... . ......... 63, 000 Dakota.. . .... ........ .......... .... .... 104,000 ebraska.. . . . .. . . . . . . ... .. . . . . . . . . .. .. . 24,000 

Tevada . . . . . . ...... . . .. . .. ... . . .. . . . . ... 34,000 

New Mexico .......... . .... :............ 3, 000 ' Or go~ . .. .. ...... . . .. ......... . . .. .... : 45, 000 Wyommg. ... . .... .... ............ ...... 7, 000 

$219,000 

19,000 

111,000 

22,000 

17, 000 21, 000 42,000 

9, 000 

$191, 000 97,000 

110,000 

26,000 

30,000 

31,000 

47,000 

12,000 

--- Total .. ........................... 676,000 ..••••......•.•..••. 

$143,000 

72,000 

505,000 

41, 000 3, 000 8,425 

60,000 

2, 903 

838,328 

"While the general appropriations for surveys of late have been too 

small, yet Congress did not intend nor will it sanction the delegation 

of its power to an irresponsible syndicate for the expenditure of 

millions, which is the practical result. 

The present sy~:~tem is sadly deficient-the appointment of sur- veyor-general without any regard to his knowledge of the rudiments 

of the po ition, with no idea of the mode or correctness of surveys. 

Often the appropriations are farmed out to deputies who are not 

surveyors, to a few favorites, who expect to retain one-half the appropriations as profits, making the whole system a sort of political 

ho pita.l, without any regard to efficient and economical expenditure. 

One object of the resolution was to effect a remodeling: of the entire 

plan; also to have annulled contracts that mi~ht be illegal, not of course to impair those made in good faith. Believing these subj ects 

may be more easily reached and no injustice done any one, I move that the resolution be referred to the Committee on Public Lands, 

with power to make full investigation. 

Mr. ALLISON rose. 

Mr. TELLER. I do not intend to delay the Senator from Iowa with the appropriation bill he has in charge, but I should like to 

say a word or two upon this question. 

The PRESIDING OFFICER, (Mr. INGALL_s in the chair.) The 

Senator from Colorado is not in order except by unanimous consent. 

Mr. ALLISON. I yield to the Senator from Colorado for a moment or two. 

l\fr. TELLER. The complaint made by the honorable Senator 

from Neuraska, [l\fr. VANWYCK,] so far as it alludes to Colorado i 

not well taken. No complaint can be made in regard to that State, although a very large amount of the country has been surveyed. Tbe appropriations have been so utterly below what they ought to 

have been for the purpose of surveying, t h at State having an area of 105,500 square miles, that the settlers and parties interested in 

having the public lands survey.ed have taken advantage ofthestatute 

refened to. 

To sltow that in Colorado there has been an abuse of the statute, 

the honoraule Senator calls attention to the limited number of acres of ll).nd that have been entered and paid for. If he had been as familiar with the wants of the people of that State a the Senators from the State are, he would not have cited that as an illustration. Two-thirds of the State of Colorado, at least, is a mineral region. 

Very little of that can be entered either as homesteads or under the 

pre-emption act . . In every section of it, pretty much, parties are making applications nuder the mineral law for the entry of mineral 

cla.ims, both of gold and silver. It is as essential to the complete 

description of these claims that the country should be sm·,eyed as it 

is that i-t should be snrveyed where they enter agricultural land, and 

therefore there has been a necessity for the survey of all that region 

of the State in which this money has been expended. 

·while townships and counties may be surveyed as the wants of 

the people require a survey, yet there is very probably not a single 

fJ na1-ter ection of the whole country which will ever be taken under 

the pre-emption act, but htmclreds of miners are there locating their 

ii.uds, locating their claims·; and when they make their application 

for a patent, of which the gentleman has taken no consideration 

whatev er, or when they make their location without reference to the 

patent, it is a neces ity that they should have a township line, a sec- tion corner, and all other data of that character. In Colorado there is no complaint by the people. The people have 

not been wronged, neither has the General Government been wronged. 

If there bas b een frauds and swindles in Nebraska the honorable Senator may speak for Nebraska. He has no right to speak for Colorado. 

Mr. VAN WYCK. I move that the resolution be referred to the 

Committee on Public Lands. 

The motion was agreed to. 

UllGR~ T DEFICill.XCY APrROPRIATIO~ BILL. 

The Senate, as in Committee of the Whole, proceeded to consider 

the bill (H. R. No. 4221) to provide for certain of the most urgent 

deficiencies in the appropriations for the service of the Government 

for the fiscal year eniling June 30, 1882, and for other purposes. 

The bill was reported from the CoDllliittee on Appropriations with 

amendments. 

Mr. ALLISON. In the consideration of the bill I suggest that it 

be read by paragraphs, and that the reported amendments lle acted 

upon as they are reached in regular order in the reading of the bill. 

The PRESIDING OFFICER. That order will be ollserved if there 

is no objection. The bill will be read, and the amendments of t.be 

Committee on Appropriations will ue acted on as they are reached in 

the course of the reading. The Principal Legislative. Clerk proceeded to read tbe bnl. 

The first amendment reported by the Committee on Appropriations 

was, under the head of" pulllic printing and binding," in line 1 , after 

the worrl "work," to strike ont "four" and insert "six" before 

"hundred thousand;" so as to make the clause read : 

For the public printing, for the public binrlin,g, and for paper for the l_)Ublic 

printing, including the cost of prmtin(7 th e deoates and proceedings of Con- gress in the CoNGRESSIONAL RECORD , and for lithographing, mapping, and engrav- ing for both Houses of Congress, the Supreme Court of the United States, the supreme com·t of the District of CollUDbia, the Court of Claims, the Libmry of Congress, and the Departments, and for all the necessary materials which may be 

needed in the pro ecution of the work, $600,000. 

The amendment was agreed to. 

The n ext amendment was, under the head of "Treasury Department," in line 24, before the word "thousand," to strike out "thirty" 

and insert "twenty-five;" so as to make the clau e read : 

For rebuilding the revenue steamer W. P. Fessenden with iron hull, (in addition to the sum of $75,000 appropriated for the purpose under the act of March 3, 1881,) 

$25,000. 

The amendment was agreed to. 

The next amendment was, in line 28, after the words "United 

States," to stTike out "fifty" and insert" fifty-five;" so as to read : 

For freight on bullion and coin between the mints and assay offices and on coin 

from the mints to the offices of the Treasurer and assistant treasurers of the 

United States, $55,000. 

The amendment wa-s agreed to. 

The next amendment was to strike out lines 36, 37, and 38, in the 

following words : 

For constructing, repairiJ?-g, enlarging, and renting_ vaults and safes for the use of the treasurers and assistant treasurers of the Urn ted States, $75,000. 

And in lieu thereof to insert : 

For constructing, repairing, and enlargin(7 the vaults and safes for the use of 

the assistant treasurer of the United States at San Francisco, California, including 

pay of one additional watchman, $10,000. 

The amendment was agreed to. 

The next amendment was to inseTt after line 24 : 

For constructing an additional vault in the mint at San Francisco, California, $10,000. 

The amendment was agreed to. 

The next amendment was in line 58, after the word "Department," to insert" outside of the city of Washington; " so as to make 

the clause read: 

For fuel, light, water, and miscellaneous items required by the janitors and fire- men in the proper care of the buildings, furniture, and heating apparatus, such as brooms, mops, brushes, buckets, wheel'barrows, shovels, saws, hatchets, and ham- mers, for all public buildings under conb:o) of the Treasury Department outside 

of the city of Washington, $75,000. 

The amendment was agreed to. 

The next amendment was, after lines 65 to 70, to strike out the following words: NAVY DEPARTMENT. 

Bureau of st.eam engineering: 

For the purchase of plates and material for boilers for ships designated by the 

Secretary of ~he Navy as needed for immediate service and requiring new boilers 

for safety and efficiency, $100,000. 

The amendment was agreed to. 

. The next amendment was, under the head of "Interior Department," after line 75, to insert: 

For collecting and subsisting Apaches ancl other Indians of Arizona. and New 

.Mexico, $20,000. 

The amendment was agreed to. 

The next amendment was, after line 78, to inseTt: 

For support and civilization of the Arapahoes, Cheyennes, Apaches, Kiowas, Comanches, and Wichitas, $50,000. 

The amendment was agreed to. 

The next amendment was, to strike out lines 84 and 85, in the following words : 

For support of Indians in the central superintendency, to purchase seed-whea 

and corn, $3,000. 

And to insert in lieu thereof: 

For support of Indians within the limits of the late central superintendency, including the Modocs and theN ez Perces of Joseph's band, made necessary by fail- ure of crops, $15,000. 

The amendment was agreed to. The next amendment was, after line 89, to insert: 

For support and civilization of the Navajoes, $5,000. 

The amendment was agreed to. 

The n ext amendment was, after line 143, t o insert: 

NATIONAL MUSEUU. 

To expedite the work of constructing the exhibition-cases in the new building for the National MuselliD during the present fiscal year, $30,000. 

The amendment was agreed to. The reading of the bill was resumed, and continued to line 180. 

Mr. CONGER. I move to strike out lines 179 and 180. 

The PRESIDING OFFICER. The understanding was that the biH should be proceeded with and the amendments of the Committee 01 
1420· CONGRESSIONAL RECORD-SENATE. FEBRUARY 24, 

Appropriations considered first, after which the bill will be open to 

gener al amendment. · Mr. CONGER. I understood the Senator from Iowa to ask that the 

bill be read by paragraphs, and amendments to it considered as the 

bill was read. 

The PRESIDING OFFICER. The understanding was that the 

amendments of the Committee on Appropriations should be considered ns the bill was read. That is the usual course. Mr. ALLISON. After the amendments of the committee have been 

acted on, any portion of the bill will still be open to amendments. 

Mr. CONGER. That involves the necessity of going back. 

The readinO' of the bill was resumed. The next amendment of the 

Committee o:f Appropriations was, after line 180, to insert: 

DEP ARTlrffi 'T OF JUSTICE. 

For the expen!!es incurred in repairing damages done to the court-house build- ing in the city of Washington during the storm of June 27, 1881, $1,830.70 .. 

The amendment was agreed to. 

The next amendment waR, after line 186, to in. ert: 

Senate: 

For fnrnitru·e and repairs, $5,000. 

The amendment was agreed to. . The next amendment was, after line 188, to insert: 

For miscellaneous items, exclusive of labor, $7,000. 

The amendment was agreed to. 

The next amendment was, after line 190, t.o insert: 

To pay D. F. Murphy for reporting the debates, &c. of the special session of the 

Reuate in 1881, under resolution of the Senate of May 11, 1881, $2, 500. 

The amendment was agreed to. The next amendment was, after line 195, to insert: 

To pay the clerk to the superintendent of the flocnment-room, under resolution 

of the Senate of December 21, 1881, from the 1st day of January to the 30th tlay of 

June, 1882, at the rate of $1,440 per ailllum, $720. 

The amendment was agreed to. The next amendment was, after line 201, to insert : 

To pay the assistant clerk to the Committee ou Pensions, under resolution of the 

Senate of January 30, 1882, from the 20th of F ebruary to the 30th of JnnBj 1882, $520. 

The amendment wa'3 agreed to. 

The next amendment was, after line 206, to insert: 

To pay the telephone operator for the :fiscal year ending_ June 30, 1882, $720. 

The amendment was agreed to. 

The next amendment was, after line 209, to insert : 

To pay the six messengers of the Senate, under resolution of the Senate of F eb- ruary 15, 1882, from February 15 to June 30, 18 . at the rate of $1,440 per annnm, $3,240, or so much thereof as may be necessary. 

The amendment was agreed to. 

The next amendment was, after line 216, to insert : 

To pay Mrs. Lucy Burch, widow of John C. Burch, deceased, late Secretary of 

the Seruite, the sum of $3,048 ; also to Vil·ginia Banks, widow of Andrew D. Banks, rleceaseu, late keeper of the tationery of the Senate, the sum of $1 ,051.22 ; also to M.rs. M.ar;r E. Manly, mother of '\V. H. Manly, deceased, late a page in theSen<tte, 

the sum of $360, under resolution of the Senate of February20, 1882; ill all, $4,459.20. 

The amendment was agreed to. 

The next amendment was, after line 227, to insert: 

To pay the necessary expenses attending the funeral arranaements, and so forth, of Ron. James A. Ga:ctield , deceased, late President of the 1fnited States, and of 

Hon. Ambrose E. Burnside, deceased, late a Sena.rorofthe United States, the sum of $6,000, the vouchers therefor to be examined and approved by the ummittee to Audit and Control the Contingent Expenses of the Senate. 

The amendment was a,greed to. 

The next amendment was, after line 235, to insert: 

To pay the clerks to the committees of the Senate not receiving annual salaries 

who held such positions on the 4tli d.ay of March, 1881, the usual per diem compen- sation from the 5th of M.arch to the 18th of .March, 1881, both inclusive, under reso- lution of the Senate of March 18, 1881, $2,268. 

The amendment was agreed to. 

The next amendment was under the head of'' District of Col nm bia," 

in line 264, after the word "Capitol," to insert "and the inspector of 

buildings of the District of Columbia;" and in line 266, after the 

word "furnish," to strike out "him" and insert "them;" so as to 

make the clause read: 

To reconstruct the Jefferson school· building on the present site, with fire-proof corridors and staircases, the sum to be received from the insurers of said building 

and furniture, namely, $48,664.21, which, when received, shall be paid into the 

'l'reasury specially to be used for this purpose only, a.nd the additional sum of 

$21,335.79, making, in all, $70,000: Provided, That the plans and specifications for 

said building shall be prepared by the Architect of the Capitol and the inspector 

of buil~s of the Distiict of Columbia, to which end the commissioners of the 

District shall furnish them the necessary means, and that said building shall be 

constructed by the commissioners in strict conformity therewith. 

The amendment was agreed to. 

The next amendment was, under the head of "Executive Mansion," 

after line 297, to insert: 

For contingent expenses of the Executive Office, $2,000. 

The amendment was agreed to. 

The next amendment was to insert as an additional section the 

following: 

SEc. 3. That flie Secretary of War is hereby authorized to cause to be paid the rent for the second and thir<l stoiies of the building situated on the northeast cor- ner ofF and Tenth streets northwest, in the city of Washin!rton, and occupied by a. part of the force of the Surgeon-General's Office, for the :fisc:rryear 1882; said pay- ment to be made out of the appropriation for contingent e~enses for the offic~ of 

the Surgeon-General for said fiscal year, and at the rate of ifl,500 per annum. 

The amendment was agreed to. 

The PRESIDING OFFICER. The reading of the bill is concluded, 

and the amendments reported by the Committee on Appropriations 

have been acted on. Mr. ALLISON. The committee also propose a few other amendments not printed. After line 109, I move to insert: 

For the payment of the clerks and laborers in the Patent Office for the remainder 

of the current fiscal year, $5,230.49 ; and t~ enable the Secretary of the Interior to increase the clerical force of said o:flicefor the remainderofthe current fiscal year, $4,769.51; in all $10,000: Provided, That the compensation of the additional clerks 

herein authorized shall be fixed by the Secretary, not to exceed, however, a greater rate than $1,200 per annum for each clerk. 

The PRESIDING OFFICER. The question is on agreeing to tiJe 

amendment. 

Mr. BECK. I desire to ask the chairman of the committee if it 

would not be well to put in the RECORD, if for no other J>urpose for 

the use of the Honse and the conference, the letter of the Commissioner of Patents relating to this amendment. 

Mr. ALLISON. I thank the Senator from Kentucky for making 

that suggestion. I will ask t.o have the letter of the Commissioner 

of Patents and the accompanying communications printed in the 

RECORD. The PRESIDING OFFICER. It will be so ordered. 

The letter and accompanying communications are as follows: 

To the Senatll and House of Representatives: 

I transmit herewith a. communication of the Secretary of the Interior, dated the 

16th instant, relative to the necessity for a deficiency appropriation for the paym6nt of salaries of clerks and labore1·s in the Patent Office during the present fiscal 

year. 

The subject is commended to the oonsideration of Ccfli~~ER .A. . .A.RTHUR. 

EXECUTIVE MAl"SION, February 21, 1882. 

DEP .A.RTlfiDI"T OF TRE INTERIOR, 

Washington, February 16,· 1882. 

SIR: I have the honor to transmit herewith a communication from the ComruiRsioner of Patents, of date 13th instant in which be sets forth the nece sity fur a deficiency appropriation for salaries of clerks and laborers in his office dm·ing the current fiscal year. 

For the reasons stated, I am of the opinion that the appropriation should be 

made, and beg leave to recommend that the accompanying papers be tran.'imitteJ to Congress for its consideration. 

I have the bon9r to ~e, very respectfully, your obedient servant, · A. BELL, Acting Secretary. Tbe PRF~IDEXT. 

DEPARTMENT OF THE INTERIOR, 

UNITED STATES PATENT OFFICii!, 

Washington, D. 0., February 13, 188:?. 

Sm : I have the honor to herewith transmit a deficiency estimate of $10,000 for 

salaries fur clerks and laLorers in this office for the present fiscal year, and to request that you will transmit the same to Congress with your recommendation 

thereof. 

The estimates made for the present :fiscal year were based upon the buRiness of the office fm· the year 1879 and such part of the year 1880 as had then tra.n. pil·ed. There is now an actual deficiency, with the orca employed and the salaries paill, of $5,230.49, if , aid force is retained until the end of the present fiscal year. The increase in the business of the office during the last calendar year made it neces- sary to employ a larger force than was contemplated in the appropriation therefor. 

The excess in the receipts of the offi~ for the year 1881 over tho e for 1880 was $103,980.57; the number of applications received during said time in excess o those received during the former year was 3 047. The mcrease in the busine. <1 

still continues. The receipts for the month of January, 1882, exceed those for the 

month of January, 1881, by the sum of $14,182.58, and for the :first eleven days of 

the present month over those for the same time in the conesponding month of 

1881, $4,618.65. 

There is not a sufficient force employed in the office to promptly and pr.operly perform the work it is called upon to do, and for which the parties furnishing the 

work are ready to pay. It will therefore be impossible, without serious detrimen to the work of the office, to discharge any of its employes, which it will be neces- sary to do unless a sufficient appropriation is made to continue the present fm·ce. 

The estimate I herewith submit is in excess of the actual deficiency, and is 

made larger than such deficiency, in order that I may add to the force a sutliden 

number of persons to b1.ing up the work now somewhat in arrea1-s. I think, with the a:J;!propriation of the above-mentioned sum, which will proYide for the continuance of the present force, and for such additions thereto as may be 

necessary, I shall be able to properly transact the business submitted to the office, unless the increase hereafter should be greater than during the past twelve montbs. 

Very respectfully, your obedient servant, 

E. M. MARBLE, Oommis~rion r. 

Ron. S. J. Kmxwoon, SeiYT'etary of the InteriOT. 

E stirnatts of apt;ropri.ations required fOT the serllice of the fiscal year ending Jw1e 30, 1882, by the Commissioner of Patents. 

General o~ject, 

(title of appropriation.) 

Sa1aries, office of 

the Commissioner of P a t- ents. 

I 

Detailed objects of expenditure, 

and explana· 

tions. 

For salaries for 

clerks and la- borers in his office, being a deficiency f o r the fiscal year 

1882. 

Reference to Revised Stats. or to Stats. at Large. 

Vol. 

or Page. Sec. 

R.S. 

--

21 409 ··----

~I!""'~ 

~\Po o ·[~~g g]~~. 0 0 1»<1) 

't:l~~o ~ o.;o'~ ~'d§ $1!: ro;l• ... ce-.~~ 

ce~~~g +>~<R tO 

~:a·a~ ~ gal~~ g ~~Q"d<l) ~~~~~ 

$10, 000· $4 0, 870 

The PRESIDING OFFICER. The question is on agreeing to the 

amendment. 

The amendment was agreed to. 

f 
1882. CONGRESSIONAL RECORD-SENATE. 1421 

Mr. ALLISON. I move between lines 71 and 72, immediately after 

the heading "Interior Department," to insert: 

For stationery for the Department of the Intelior and its several bnreaus and 

offices, $-1,000. 

The PRESIDING OFFICER. Does the Senator desire to have any 

communication printed with the amendment now offered f • 

:Mr. ALLISON. No, sir. The information in regard to it is found 

in Executive Document No. 33 from the Secretary of the Treasru·y. 

.Mr. DAVIS, of West Virginia. Containing the deficiency estimates i 

l\ir. ALLISON. It is one of the regular deficiencies. 

The PRESIDING OFFICER. The que tion is on agreeing to the 

amendmP.nt. 

The amendment was agreed to. 

Mr. ALLISON. I move, after line 70, to insert: 

WAR DEPARTMENT. 

For mileage of officers of the Army wheu tra.veling under orders, $:.!0,000. 

Mr. BECK. Mr. President, I do not object to the amendment, 

though I did not agree to it becau e the1·e was n:o rea on given to the 

committee whythattleficiency should exi t. The Department says it 

<loet,; exist, the only rea,son gi. ven lleing because we gave them some $30,000 Jess than they asked for in their estimates· but they have 

furnished no evidence showing how t.he money has been oxpencled, or why the deficiency exists, and why they did not keep within the 

appropriation. The effort of Congress has been stea<lily to require all 

the Departments, in regard to mileage and all like matters, to be as economical as possible; and the idea of all the Departments is to 

spend all they please up to the arnotmt estimated for and demand a deficiency without giving any rea on for it. 

If the money they have expendert for mileage wa expendetl in car- rying out the nece sary orders of the War Department, and enabling 

the officers of the Army to go from one point to another to carry out 

auy purpose necessary for the good of the service, then the deficiency 

is neces ary; bnt if part of it, say $1,000, (I use this as an illustm· 

tion,) was expended for mileage to enable General Sheridan to come he-re and have his father-in-law, General Rucker, appointed Quartermaster-General, to be retired in three day , then that is not a legitimate deficiency. lf$1,000 or 10,000 is to be expended by General Sherman to carry his whole staff all oYer the country lmder the 

pretense of making inspections, to hire steamboats, palace cars, aud 

every thing else, and then ca11 for a deficiency, because they see fit 

to do that, it is not a legitimate expenditure. 

I •lesire to know how the money we gave them was expell(lcd. 

They do not conde~:;cend to tell us; they simply say, "we have spent 

the money." There is no evidence as to how it was spent, for whom 

it was spent; but simply a defiance of Congress in every effort to 

keep down expenditures by spending all they please for any pmpose 

they plea e, using in eight months what we gave them for twelve. 

I deny the right of the Secretary of War, the General of the Army, or anybody else to carry their officials over the cotmtry in palace cars under the pl'etense that they are making inspections. I deny 

the right of General Sheridan to comehereandbave a man appointed 

Quartermaster-General of the Army seventy-two years of age, adding 

IG,OOO or $20,000 to the expenses of the Government, out of the tax-

})ayers of the country, and then charge mileage for himself and his 

secretaries or others, if he has done that, out of the mileage provided 

for the Army. I deny that that is legitimate. Surely Congre s has 

the power to say what shall be expended for mileage, antl that the 

Depru.:tment shonld keep within the appropriation; or, if they do 

not, they should tell us what exigency has arisen thatrequiresthem 

to exceed it. I do not know that improper expenditures have been 

made, but I believe they have, or the money would not be all gone. 

Why are all the distinguished gentlemen now invited to the Garfield 

memorial or ceremonial on Monday f I understand from the papers 

that they are all invited, and of comse they will all be entitled to 

mileage. By what authority is that done f They have no right to 

it. Senators understand that there is a constant struggle between 

the representatives of the people and the Executive Department of 

the Government to see who shaJl control the mouey of the peop~e; 

the Departments do not condescend nine times out of ten even to tell us how the money ha-s gone. It is well enough for the Army officials 

to come here on Monday at their own expense, but when we approJ>riate money to pay mileage for necessary work, what authority has 

the Secretary of 'Var or the General of the Army, or any one else, to 

take that money and pay it to these gentlemen as their guests f 

Mr. BUTLER. Was thm·e any statement in regard to 1t before the 

committee! 

Mr. BECK. None at all; and while we have these expenses to pay 

the legitimate service will suffer, because .a large proportion of this 

money has very likely, or for aught we know, been spent for illegitimate purposes. I desire to enter my protest against voting in i gno- mnce of the facts. I refuse, therefore, to agl'ee to this item of appropriation. 

I do not like to talk about these matters, but it is a fact hown by 

the records that large expenditures which this Congress would not s· notion~ and many things that could not have been done, are done 

under the guise of mileage and other things. I expect the money 

demanded will have j;o be given, but we ought to require careful 

investigation by the Committee on Military A:ftairs in regard to these ·matters, and we ought to require a oareful examination specially, 

in onler to see that the Executive Departments do not needlessly 

defy Congre s by using money for purposes not intended, and tJ1en 

force us, in order to carry out legitimate purposes, to give them more money, for they are our servants and not our masters, aud they should 

obey u and not force us to do wha.t they want done. . The PRESIDING OFFICER. Does the Senator desrre a vote on the amendment f 

Mr. BECK. No, sir· I believe I shall not insist on it. 

The PRESIDING OFFICER. The amendment will be agreed to 

if there be uo objection. It is agreed to. 

Mr. ALLISON. I think after the stateme~t of the Senator from 

Kentucky I ought to make one observation at least in reply. If the 

Senator's argument has any force at all, it is an arraignment of the 

officinis who expend this money. 

:Mr. BECK. It is. 

Mr. ALLISON. I do not know, hut I veutru·e without knowing to 

state that it certainly cannot be that gentlemen who are invited here~ 

are paid mileage, or that General Sheridu.n coming here upon a private 

errand of his own, if he did so come, would charge the Government 

with mileage for that. I think the Senator from Kentucky must be 

wide ofthe mark in reference to his facts. If those facts be true, of course it is an abuse of the provision oflaw which authorizesAI·my 

officers traveling under orders upon duty to receive mileage while so traveling. 

But this mileage matter is one that is very difficult to arrange: it 

is even difficult to estimate for. 'Vhy f Because every head-of a. llepart.ment in the Army has authority to swell the account fOl' mileage.· The head of the Department, the Secret1try of War, has that 

authority; the General of the Army has the authority. Suppose, for 

example, that Genera] Sheridan, commanding the Department of the 

Mi ouri, or whatever may be the style of that department, shall 

order General Teuy to go to l''ort Assiniboin, if you please, away on the Upper Mi souri; General Terry is bound to go there; aud he 

mnst while on that service, under the law, be entitled to receive 

mileage to cover his traveling expen es. So, if the gene1·al in com- mand in Texa , if you please, order an officer to go up and down the 

Rio Grande, incurring large expenditures, the expeuditures must be 

paid by the Government. 

It is impos ible for the Secretary of War or for the General of the 

Army or any officer here to say just how mnch the e expE.'Inditures will 

be for any given year. Last year the expenses were ':M7,000. 'Ve 

appropriated for this year $~00,000. In the deficiency estimates, 

which will be found in Executive Document No. 33, the Army ask of us 52,000 as a deficiency for this year. Upon inquiry ~mel upon 

1·eceipt of information from the Pay Office of the Army, where these 

accounts are settled, we are told that there is no fund now to pay the 

mileage of officers. Therefore we have inserted in this bill the small sum of 20,000 to bridge over the time intervening between this and 

when the general deficiency bill shall b0 presented in order that these 

accounts may be settled and paid. 

Of course, if abuses exist, a~ stated by the Senator from Kentucky, 

theyou<Yht to be remedied, and I have no donut upon inquiry we can get a fill statement of the expenditures for the mileage of officers 

during the current year. That is all I wish to say. 

Mr. BECK. All I desire to say fm·ther is that if General Terry 

is ordered to any point in the West, or any other office1· is ordered on duty, he ought to he paid mileage ; but they avow that they have 

expended in e1ght months all that was allowed t.hem for twoh·e 

months. The money will be all gone by the 1st day of 1\.la,rch, and 

t.hey have not condc~:;cended to tell us bow that money was expended. 

\Va,s it not their duty, when Congress saicl $200,000 would be euough 

for the fiscal year, for them to show urgent reasons why it has been 

expended in eight months instead of twelve mouths Y If they desire 

Congress to give an account to the people and show that we are not 

extravagant, should they not give us evidence why the further appropriations now asked for ru·e required f More than the fact that 

they have spent now what we gave them for the whole yea1· that 

they have not done. 

I do not know that General Sheridan tlrew a thousand dollars, or any other stun, when he came here to retire a competent man sixty-five 

yeru·s of age because he wa-s too old, indeed the most efficient man in 

the service, and put in his place his own fatber-i u-law who wa over seventy, and who was retired with the rauk of a brigadier-general at 

once, charging the taxpayers of this country with the increa~ed pay 

from now until the t.ime of his death; and still another man is now nominated who is aid to be over sixty-two, aud may be retired tomorrow, thus giving him that much more money without consideration or right. If mileage is to be spent for pmposes like that, it is robbery of the people, and I prot.e t against it. I repeat that I desire to 

know how they spent in eight months what we gave them for twelve. 

While I would not injure the service by withholding the money, 

I will ask the Committee on Military Affairs or the committee in 

charge of such matters to call attention of the Department to the 

fact and ascertain how all the money allowed for twelve months has 

been spent in eight, and to call for itemized accounts, so that thtl 

Committee on Appropriations can resist these demn.nds. \Vhen men say" we have spent in eight months what you gave us for a year" 

they ought to ~ve us some reason for doing it. I know that the Committee on Military AffaJrs, when their attention is called to it, (anrl 

I have made this objectioll to the amendment for the purpo~e of call-
1422 CONGRESSIONAL RECORD-SENATE. FEBRUARY 24, 

ing the attention of that distingllished committee to it,) will look 

into it. That was my purpose rather than to make any objection to 

giving the money now asked for. 

Mr. MAXEY. The chairman of the Committee onMilitary Affairs 

is not present, but I beg to say to the Senator, so that no one may be 

mi led, that that committee has never had the privilege of inspecting the appropriations made for the Army. The Committee on Military Affairs ha time and again called the attention of the Senate to 

the fact that it woulll be wise to submit the appropriations asked . for the Army to that committee in order that they might report and 

that the Senate could act advisedly. It ims never been done. 

I can point out to you one evil resulting from this careless way of 

doing business. The Army retired list was increased from three 

hundred to four hundred on an appropriation bill which was never submitted to the Committee on Military Aifairs, although in the case of that very bill they asked that it should be done; and I apprehend 

that not a half dozen men in the Senate l."'"llew that that increa-se wa-s made from three hundred to four hundred until the bill of the Appropriations Committee had become a law. It was couch din two or three lines in the Army appropriation act of June, 1878, and the first 

intimation the 1\Iilitary Committee had in regard to it was after the 

bill had passed. 

I tis impossible that gentlemen who are not intrusted with the man- agement of bills can know these things. If the Senate will submit 

the appropriations for the Army to the Military Committee I will 

guarantee that that committee will make a rigid inspection and investigation and report, and in my judgment the service would be 

benefited by having such a report made. 

Mr. ALLISON. In response to what the Senator from Texas says 

in reference to the extravagance of the Committee on Appropriations on this topic, I want to remind him that the particular instance he names is an in tance where an effort was made to reorganize the Army on an appropriation bill, and that effort came from the House of Representatives. The Committee on Appropriations resisted every attempt to reorganize the Army in that way, a.nd it was only through 

the means of a committee of conference that the Army appropriation 

bill was finally pas ed with some of the e provisions in the bill. It 

was not a.n original suggestion of the Committee on Appropriations 

of the Senate at all. 

Mr. MAXEY. Will the Senator permit me-to remind hiLl a little as we 0'0 along T 

1\lr. A.LLISON. Yes, sir. 

l\lr. MAXEY. At that very time, as the RECORD will show, the 

Committee on Military Affairs, through one of its members on this 

tloor, asked that everything pertaining to the Army and its reor- ganization in that appropriation bill should be referred to the Committee on Military Aft'airs for its supervision and report, and it was not done. 

:Mr. ALLISON . • Why was it not done, Mr. President T I do not 

wi h to prolong this debate. 

The PRESIDING OFFICER. No question is before the Senate. 

The amendment has been agreed to. 

1\Ir. ALLISON. It was not done simply because the Senate did 

not choose to refer the bill to the Committee on Military Affairs. 

The PRESIDING OFFICER. Ha-s the chairman of the coiDIDittee 

other amendments to submit T 

Mr. ALLISON. I am about to do so. At the end of line 64, under 

the bead of" Navy Department," which was stricken out of the bill, 

I move to in ert what I send to the Chair. 

The PRESIDING OFFICER. The amendment will be read at the 

desk. 

Mr. ALLISON. I will say in reference to the amendment, before 

the Secretary proceeds to read it, that it was not submitted to the 

Committee on Appropriations at its regular meeting when the bill was considered. I have shown the correspondence and the letters relating to it, I believe, to nearly if not all the members of f. he committee. 

The amendment explains itself fully, and I will ask to have read in 

connection with it a letter from Admiral Rodgers and a letter from the 

ecretary of the Navy. 

The PRESIDING OFFICER. The amendment will be read. 

The ACTING SECRETARY. Mter line 64 it is proposed to insert: 

For the repair and purchase of instruments to be used in observing the transit 

of Venus, which will occur December 6, 1882, and for the necessary preliminary eX}leriruent.s, $10,000: Provided, That this appropriation shall ue immediately 

availa.ble, . and that it shall be ~xpended subject to the approval of the Secretary of the Navy, under the direction of the transit of Venus com.mi::~sion created by tbe act al?provetl March 3, 1872: .And providedfU7'the-r, 'l'bat theSuperiutendent of 

the Nautical .Almanac be, and he is hereby, created an a-d<litional member of the 

said commission. 

The PRESIDING OFFICER. The letter ent up by the Senator 

from Iowa will be read. 

The Acting Secretary read as follows: NAVY DEPARTMENT, 

Washington, Februar'lj 24, 1882. 

1\lY DEAR Sm: The inclosed is a copy of the letter of .Admiral Rodgers such as has been sent formally to the President, Theemergencyispressing for the ap- propriation which be asks at this time, and I trust in the mterest of science that 1 t may promptly moot with the approval of Congress, and be included in the imme- diate deficiency bill. 

Very respectfully, your obedient servant, 

Ron. W. B. ALLISON• United States Senate. 

WILLI.A..M H. HUNT, 

Secretary. 

Mr. ALLISON. Unless the reading is requested I will ask that 

the letter of Admiral Rodgers be inserted in the RECORD. 

The PRESIDING OFFICER. The Chair hears no objection, and 

that will be ordered. 

The letter is as follows : U~'JTED STATES NAVAL 0B EUVATOltY, 

Wa-shington, Fel:n-uary !:!0, 1882. 

Srn: I have the honor t<> inclose herewit-h a bill which it is propm'~ed to ofter to Congress in order to obtain the means of observing the transit of Venus, which 

will occur on the 6th of December, 1 2 . 

The transit of Venus is regarded by astronomers as an important means of ascer- taining the parallax of the sun-a quantity which enters directly- and as a most im- portant. factor in the deductions of astronomical science; for by its parallax our distance from the sun is computed, and our distance from the sun is the unit by which the universe is mea:mred. 

The English Government in 1769 sf'nt out Captain Cook to observe the transit of 

Venus; whence resulted the discoveries of that illustrious narigator which have so much redounde<l to the honor and to the advantage of Great Britain. In these days the importance of the transit of Venus has become r latively less 

since other means of finding the sun's parallax ha.ve been devised; but the transit 

of Venus is still of so much moment that the countries of Europe are already making extensive and costly preparations to ob erve the transit of December next. We cannot afford to neglect this one. which will be the last until the year 2004. 

The principal instrument employed by ourselves is different from anything which it is proposed to use in Europe-we contemplating to use the horlzontal 

photo-heliograph. This method is peculiarly .American, and it.a nse seems w 

promise so well that we think it should not be neglect.ed. Foreign photographic methods have apparently given no results of value. It is doomed important that 

the instruments already on hand should be overhauled and put in order, since, when the regular appropriation is made, time will not son-e to prepare them. To 

this end. I ask that the accompanying papers be forwarded to the honorable chair- man of the Senate Committee on Appropriations, in order that the sum of $10,000. 

for the preparation and re.vair of instruments and for prelim.inary eXJleri.ment , may be made available dun.ng the current fiscal year, and as soon as possible. 

Very respectfully, yow· obedient servant, 

JOHN RODGERS, 

Ron. WILLIAM H. HUNT, 

Rear-Admiral, Superintendent. 

Secretary of the Navy, Washington, D. a. 

The PRESIDING OFFICER. The question is on agreeing to the 

amendment of the Senator from Iowa. 

The amendment was a~reed to. ~h·. BUTLER. I inqrure of the Senator from Iowa at what time 

other amendments will ue in order T 

Mr. ALLISON. In a few moments, I have one other amendment. 

In line 96, after the words 11 provided for," I move to insert "including ihe schools for freedmen in the Indian Territory." I move this 

amendment at the reque t of the Commissioner ofludian Affair , who 

states that there are now several schools in the Indian Territory, 

and there is a deficiency for them which cannot be paid unle s this 

provision is inserted in the bill. 

Mr. DAVIS ofWest Vir~inia. I understand the amendment does 

not increa e the approprmtion, but only provides the manner in 

which it shall be expended. Mr. ALLISON. That is all. 

The amendment wa.s agreed to. 

Mr. ALLISON. In line 65 I a k to have reinserted the words 

"Navy Department." The heading was struck out. 

The amf>ndment was agreed to. 

Several Senator addressed the Chair. 

The PRESIDING OFFICER. The Senator from Michigan [Mr. 

CoNGER] gave notice of a desire to offer an amendment. 

Mr. CONGER. I move to strike out lines 179 ~nd 1tl0, in the following words: 

ord.;~t~~~ thus appropriated sha.Il be paid from the proceeds of the moneyI make the motion in order that the Senator in charge of the bill may 

explain why the preceding appropriations should be paid fi.·om the 

proceeds of the money-order business. I desire to say t.bat the clau e itself is indefinite; it does not state how far it shall be made to 

apply, whether to the money-order business, or route agents, or any 

thing of that kind. I should like to be informed why the money 

from any particular fund should be appropriated. 

Mr. HOAR. It relatesbackf 

Mr. CONGER. Yes, it relates b:.. ·k to all that precedes under the 

head of 11 Post-Office Department." 

1\Ir. ALLISON. The Senator frolli Michigan will observe that. the 

items under that head are in paragr:.,phs, and the provision relatinrr 

to the money-order office forms a sLngle paragraph. It is intended 

simply to modify a provi ion found in the statutes of last year. We 

authorized the removal of the money-order office from the Post-Office 

Department building and authorized the payment of $5,000 per an- num rental, and this rental wa-s to be paid out of the proceeds of the 

money-order business. It is now found that the Post-Office Department could not rent a suitable bllilding for $5,000. This provision, as I understand it, authorizes the Postmast-er-General to pay $8,000 

for the rent of a building for the use of the money-order office, and 

it simply provides, as the act last year provided, that this sum shall 

be p~id out of the proceeds of the money-order busine s. Of course that 1s a matter of very small moment, because the money-oruer busi- ness is more than self-sllStaining. I suppose it is a convenient method 

of payinO' the money, perhaps without settling with the accounting officers o'f the Trea-sury, and so the money-order office is authorizeu 

to pay this rent out of its own receipts. 

Mr. CONGER. Does it also authorize the payment of the items 

preceding " watchmen, laborers," &c. Y As it reads it would pay all 
1882. CONGRESSIONAL RECORD-SENATE. 1423 

the appropriations under the head of the Post-Office Department, for 

the clause reads ''and the sums thus appropriated shall be paid from 

t he proceeds of the money-order business." That would necessarily 

include the whole of the items under that head. 

Mr. ALLISON. Undoubtedly, the two items a.re to be paid, the 

r ent and tlte item relating to watchmen, being watchmen for the r ented building. 

Mr. CONGER. The clan e does not say so. A fair const.ruction 

would include the · 75,000 in the :first item and 25,000 in the next 

item, and so on all through. 

l\Ir. ALLISON. The criticism is pretty fine. I suggest t o my friend 

from Michigan if he will look at line 162 he will ee that there is a 

period, a regular stop ; and then commence two more paragraphs, 

anrl these two sums are to be paid out of the money-order business. 

If that is not quite clear if the Senator will suggest an amendment 

to make it clear I shall be glad to adopt it. 

Mr. CONGER. I did suggest an amendmenttostTikeoutthelines 

179 and 180. 

Mr. ALLISON. I object to that. 

Mr. CONGER. Another objection I have to the proposition is to 

allowing officers to pay out of the proceeds money coming in from 

that bu iness without the money having been paid in to the Treasury 

and been properly appropriated. I think it is faulty. 

Mr. DAVIS, of West Virginia. The Senator will recollect that none of the Po ·t-Office revenues go into the Treasury. All the r eceipts go for the general purpose of the Post-Office Depa;rtment. 

Mr. CONGER. I understand they all go into the Treasury and are reappropriated. I do not under tand that the officers of tb~ Po tOffice Department can appropriate money received in that Department, here and there and everywhere, without an appropriation by 

law. 

Mr. DAVIS, of West Virginia. As I understand the general law, 

and I think the Senator understands it, all the Post-Office expen es above the entire earnings of the Post-Office are appropriate(} from 

the Treasury, but its receipts are :fust applied to its use and so many more million dollars in addition are appropriated. P erhap this is 

the only case where the r evenue docs not go directly into the Trea:s- ury and is not drawn out in the usual manner. The Post-Office Department has an auditor of its own, and the entire revenue is n ed for the purpo es of the Post-Office, for tran portation, &c. 

Mr. CONGER. But it is drawn from the Treasury by appropriations sp cifying the amount for each particular branch of the serv- ice just as any other money. This clause gives the power to the superintendent of the money-order office to appropriate the money 

without its pa sing into the Trea ury1 which is a faulty way, and 

legislation has been direc.ted in an effort to a>oid all such uses of 

public money. 

Besides that, another objection is that if there is a surplus in the money-order business it isdne to tho e who use the money-order system 

that t.hat surplus should be reduced by a diminution of the fee ; that 

it should not be a source of revenue for other purposes. If it sus- tains itself, and more than sustains itself, let the amount charged for 

the particular part of tuis service be reduced to merely the amount 

required for its business. · I think the appropriations for every branch of the service should 

be made from the money in the Treasury, and that the proceeds 

derived from each branch of the s rvice should be covered into the 

Treasnry. That is the reason why I have moved to strike out this 

clause. The appropriation should be made from moneys in the Treasury, and the proceeds of the money-order business should go int.o the Treasury, the accounts should be kept there, and not be parceled 

out by such legislation as this. l\Ir. ALLISON. The criticism of the Senator from :Michigan ha some jn tice in it; but whatever there is in it applies to the whole 

Post-Office Department. I.t is true we do appropriate a gross SlUU 

for the Post-Office Department each year, but that sum includes all 

the revenues of the Post-Office Department, and a deficiency, if there 

is any, comes out ofthe Treasury. 

We found this provision in the bill as it came from the other House. It is in the law of last year, the very provision that this seeks to 

amend. I find in looking at the letter of the Postmaster-General that 

he asks that this appropriation be paid out of the proceeds of the 

money-order bu iness, so that while there is some force in the criticism, and a good deal of force so far as it relates to the method of 

a,ccounting for the disbursements in the Post-Office Department, yet 

it is hardly worth while to make a question on this single provision 

with reference to a small appropriation when under the law the whole revenues of the Post-Office Department are substantially disbursed 

in this way. The PRESIDING OFFICER. The question is on agreeing to the 

amendment of the Senator from Michigan, [Mr. CONGER. ] 

The amendment was rejected. 

Mr. PLATT. By direction of the Committee to Audit and Control 

the Contingent Expenses of the Senate, after line 243, to follow the 

amendment of the committee relating to expenditures in the Senate, 

I move to add: 

For folding speeches, $500 ; and not exceeding $1 per thousand shall be paid for 

such folding. 

I think there will be no objection to this amendment on the part 

of the Committee on Appropriations. 

l\Ir. DAVIS, of West Virginia. I understand the amendment comes from the Comglittee to Audit and Control the Contingent Expense~ 

of the Senate Y 

Mr. PLATT. It does. The amendment was ag'reed to. 

Mr. FERRY. In line 149, I move to strike out, :t.t the end of the 

line, the words " eventy-fi ve" and insert "one hundred and fifty," so as to read instead of 75,000, 150,000 "for additional clerk hire 

in po t-offices." If I am correctly informed, this matter did not re- ceive the attention of the Committee on Appropriations. The Postmaster-General a ked for 150,000 for clerks in the post-office · throughout the country; the House of Representatives cut down the 

amount to 75,000. I need not state that the increase of the business 

of the country throughout these offices runs about from 25 to 40 per 

cent., varying at the different locations. This amount is not for the 

clerical force in the Department here but for the clerks in the postoffices throughout the country. As I understand, from the first and 

second class offices there are about two hundred applications to-day 

for an increase of pay for clerical force, amounting to ··150,000; from 

the third and fourth cla ses there are 1,300 applications, aruountin~ 

to nearly as large a sum. I think it requires in gross about $300,00u 

to meet the applications at the door of the Po t-Office Department 

pleading for increased pay for clerical force . . The Postmaster-General has asked for one-half that amount, 150,000. I send to the 

Chair his letter to be rea-d, which I think gives so clearly the condition of the case that no one will object to the amendment after hear- in (I' it. 

The PRESIDING OFFICER. The document will be read. 

The Acting Secretary read as follows: 

Po T-0 FFICE DEPARnffillo"r, OFFICE OF THE FIRST As ISTAl\'T POSTMASTEU·GENERAL, 

Wll8hington, D. C., February 1, 1882. 

DEAR SIR: Your letter of January 30, asking for information in reference to the 

additional appropriation for clerks in post-offices, is before me. In reply I would 

b1·icfly state : The appropriation for clerks in post-offices for the year ending June 30, 1881, was $3,680,000; for the year ending June 30, 1882, it was $3,850,000, only about 4! 

11er cent. more than it was for the year previous, while the increaRe in the work 

r.erformed has been much larger than at any time in the history of the service. Tbe Department has yet to learn of a single office that does not show an increase 

of lmsiness. Many show an increase of from 25 to 40'/er uent. and some even more. This great increase in the labor to be performe of course necessitates more clerks. There are now on tile in the Department more application;; for additional 

allowances for clerk hlre than ever before. A large number of worthy cases han1 

been held up for two years, becaw e of the inability of the Department to furnish 

aid. Man.v postma-sters are now paying out the entire amount of their salaries in 

order that the clerical work in their offices may not be ne~lected. The work at 

the small offices, where the separation of mails for other otlices is performed, has ;oeJ';eh~~~ with the general increase, and not a few of these are actually suffering 

On the 15th of Augu t ln-'!t reductions to th amount of about twenty-five thousand dollars were made in the allowances at one hundred offices in order that some of th most worthy applications then on file might, in a measure, be satisfied. In 

most of the offices where reductions were then made the increase of business at 

this time will justify tlte Department in res toling the amount of the reduction. . I 

presume it is not expected at this time thatiwili enumerate all the offices that are asking for additional allowances for clerk hire. I will state, however, that there are now on file about thirteen hundred applications of this nature from offices of 

the third and fourth classes. The amount asked for·by these applicants is in round 

numbers $175.000. FI·om the first and second class offices there are upward oftwo 

hundred applications, and the amount asked for is $140,800. 

In this connection I desire to call your attention to the increase of business since the last biennial readj u tment at a number of offices. Many others, from which 

repeated applications for clericalaRsistanceha.ve been received, will show a larger increase of business than some of the offices named, but because of the fact that 

the Department wa-s unable to comply with the requests the work of ascertaining the actual iucrea e has not been completed. The incre..'lse a.t the offices named may possibly be considerelllarger than the general increase will average, but the cases have not been selectetl as exceptional ones by any means. They a1·e as follows: 

Chicago, about 25 per cent.; Kansas City, 45 per cent.; Wa-,.hington, 20 per cent.; Baltimore, 25 per cent.; KnoXTille, 30 per cent.; San Diego, 50 per cent.; Harris- burgh, Pennsylvania, 70 per cent. The increase at Washington, New J er ey, is 

78 per cent.; Binghamton, New York, 15percent. ; Bm·lingt.on, Iowa,ll percent.; Butte, Montana, t5 per cent.; Charleston, South Carolina, 21 per cent.; Elmira, New York, 21 per cent.; Fall River, Massachusetts, 17 per cent.; Lawrence, Kan- sas, 23 per cent.; Jamestown, New York, t1 per cent.; Jacksonville, Illinois. 21 

per cent.; Portland, Oregon, 13 per cent.; Watertown, New York, 15 per cent.; Nashville, Tennes ee, 21 per cent.; LJUchburgh, Virgil!ia., 32 per cent.; 0 wego, New York, 34 per cent.; Des Moines, Iowa, 43 per cent. The largest increase seems to have been at, Dm·ango, Colorado. The same amounts to 276 per cent. At the 

last-named office more than half a ton of mail is handled daily by the postmaster and his wife, there being no allowance for rks~ 

Any additional information will be most cheeriiilly given. Very respectfully, 

Hon. FRANK HISCOCK, 

FRANK HATTON, First Assistant Postmaster-(]eneral. 

Chainnan of House Committee on Appropriations. 

Mr. :MAXEY. I want to empha 'ize what was said b~· the chair- man of the Committee on Po ·t-Offices and Post-Roads in favor of 

this amendment. I happen to know personally very much about 

this. l!rom my own State I receive by almost every mail letter asking for increa ed compensation for the employment of cle1·ks in postoffices. These letters I refer to the First Assistant Postmaster-General, who admits in many of the instances that it is right that the 

allowance for clerks should be made, but he says they have no appro- priation to meet it. I beg to say that in my own State from the 1st of September, 1880, 

to the 1st ef September, 1881, we built 1,680 miles of railroad. We 

have now running over 5,000 miles of railroad. We nearly doubled 

our population from 1870 t o 1880. The result of all this is enormous 
1424 CONGRESSIONAL RECORD-SENATE. FEBRUARY 24, 

increase in the post-office business, and necessarily it follows that 

there must be an increa e in the clerical force, and that increase 

shouJd be sufficient to carry on the mail service as the business ouo-ht 

to be conducted. I, forone, believe-andihaveneverconcealed that 

belief-that the mail service of this country ought to be conducted 

iu the interest of the people, and whatever amount is necessary to 

render the people all the facilities needed iu their mail service ought 

to be granted. I do not believe that a dollar could be expended by 

this Government wi er than in giving the people their mails promptly 

and efficiently and fully up to their needs. 

Mr. HAWLEY. Mr. President, I also wish to add my hearty approval to the amendment offered by the Senator from Michigan, and 

I am only sorry that the Post-Office Committee did not ask for $200,000 or 250,000. 

Mr. FERRY. The Senator must attribute that to the modesty of 

the committee. 

Mr. HAWLEY. It is the modesty of the Postmaster-General also, or perhaps not so much his modesty as his fear that Congress would 

not give it to him because it looked like a large figure. It is not a large figure when one understands at all the growth and the busi- ne s of the country. I understand from the lett.er of the PostmasterGeneral that he could properly use $315,000 annually, and I believe 

him, and I will tell you one of the reasons. I have been for a long 

time trying to get a little more help in my own town. The car- riers there are absolutely unable to make their roundsz the clerks are absolutely unable to do their work, and two of the old and 

faithful clerks have lately resigned, with injured health, because 

they could not go through the labor required. The surplus revenue from my town was $87,000 last year, being an increase from $74,000 

surplus the previous year. Moreover, we have had only one additional carrier in eleven years and one additional clerk in ten years, 

and I fear we shall have to take up subscriptions to run our postoffice, with $87,000 surplus. 

Mr. McMILLAN. Mr. President, the appropriation for the support 

of these offices throughout the country has been a subject of com- plaint all through theW est, I am certain. In my own Stato the com- plaoints are very loud and constant. .At the post-office in Saint Paul, 

the capital of the State, the amount appropriated for the service js as mall as that made to any post-office in the country of the arne class. I know that the post-office referred to by the Senator from 

Connecticut is in the same condition. The employes in that office cannot perform the labor, and the Postmaster-General gives as his 

only excuse for this condition of affairs that Congress will not make 

!Sufficient appropriations. I believe his complaint is well founded, 

and that this appropriation should be increased. This is a service 

in which the public are interested, and they should be well served. 

If we cannot appropriate for the service we had better inform the 

public that they cannot be accommodated. I know in regard to Minneapolis and Saint Paul that the complaints are very just and are constantly made. 

:Mr. TELLER. Mr. President all over the Wet, where the towns are growing rapidly, we hear the same complaint. The letter just 

read calls attention to the fact that in the town of Durango in the 

tate of Colorado the receipts of t·he Post-Office Department increased 

276 per cent. in a single year. That is, of course, an exceptional case. There are very many other places where a large increase has been 

made, but none perhaps as large as that. I know in some sections 

of Colorado post-offices that are returning a net revenue to the Government of a considerable sum of money, where the postmasters are erving practically for nothing. In one post-office in the central part 

of the State, not in the new part of the State, the postmaster last 

fall demonstrated to the Second .Assistant Postmaster-General that 

he was serving and paying to the Government ~0 a year for the 

privilege of being the postmaster of his town, and the net revenues to the Government of that post-office were nea.dy $15,000 a year, and 

yet the Second .Assi taut Postmaster-General declared, and truthfully I have no doubt, that he had no power to relieve in that case. In one case in the State incei have been here the postmaster gave 

hi entire time, furni b ed the rent of a building-and in that conn try 

rent is high-and when he got through at the end of the year he was 144 ahead. The Government received during that time about four 

thousand dollars net each year out of the po t-office, and thi man ·crved practically for nothing. Nearly all the post-offices in the 

State that have attained any considerable importance have been demanding for the last year additional clerk hll.·e-I speak now of my own State-and nearly all of them are able to show that they are making a net return to the Government of a. very much larger snm than they are asking for clerk hire; many of them receive no allowance for clerk 

hirt\ at all, and yet thoy pay a very handsome revenue to the Gove1·mnent. 

Now, this is all wrong; it is unfair to put men in office and ask 

them to do the duties of postmasters, accommodate the people, and 

furnish t.he clerks and pay the whole expense out of their own pockets. There have been in the West within the last five years some ex- tremely hard cases, and I will just mention one case as illustration. 

I mentioned it the other day in a committee, having had occasion to 

do so. 

The post-office at Deadwood, in the Territory of Dakota, was a very small affair, but with the increased population the business grew 

np very rapidly. A yollllg man who was tl).ere wj.t}Jout IQ,eaJl.s, of a 

very reputable family, from the State of illinois, proceeded to take 

the receipts of this office to employ clerk hire. There never was any 

doubt, I think, in the minds of tho e who investigated the matter 

that the money which he received he paid out for that purpose, but 

it was without authority of law. The Post-Office Department at 

Wa hington declared that they had not the money wherewith to 

make the allowance and, of cour e, it wa charged up against him, 

and he was unable to pay it. The result was, not having means of 

his own, that his bondsmen were called upon to make good this money. 

When they were called upon, of course they were incen ed. Then ~ 

prosecution was brought against this young man. He was iudicte L 

and tried in the United States court there for embezzlement of tl.B 

public funds which he had paid out in furtherance of the mail serv- ice at that place, and he was convicted too of embezzlement, and 

would have gone to the penitentiary but for executive interference. 

In anot.her case that I know, where the postmaster paid out many 

thousands of dollars within a year, several thousands of dollars mor~ 

than he received, he was able to respond and he paid np. But all over the western country comes this demand. 'Ve make these appropriations so small that when they parcel them out at the beginning 

of the year the money is all gone, there is none to keep as a surplus; 

and if a post-office from being a twelve-dollar office, in six months, as is frequent in the western country, becomes an office requirin {, four or five or six clerks to do the business, there is no money in the l'reasury available for clerk hire, and no way of meeting the emm gency, 

and when the year has passed the Post-Office Department ca mot go 

back and pay it, and the result is it come out of the men who) are o unfortunate as to hold the office at the time. 

Now, 150,000 is asked as I understand by the Post-Office Department; they ought to have more, bocause they ou~ht to have a sur- plus that can be called upon in the cases that anse, such as I have 

mentioned, and I hope the chairman of the Committee on .Appropriations will not interpose any objection to this amendment. 

Mr. BECK. :Mr. Pre ident, the Secretary of the Treasury on the 

23d day of January, 1882, submitted" estimates of appropriations 

required by the various Departments to complete the service for the 

fiscal year ending June 30, 1882, and prior years," and this was his 

letter: 

TREASURY DEPARTllE..'iT, January 23, 188"2. 

SIR: I have the honor to transmit herewith the estimates of appropriations required by the various Departments to complete the service of the fiscal year 

ending June 30, 1882, and pnor years, amounting to $23,159,690.81. 

Very respectfully, · CHAS. J. FOLGER, 

Hon. J. W ABREN KEIFER, Secretary. 

Speake-r of the House of Representatives. 

.And in those estimates there is not one dollar estimated for additional clerk hire in post-offices, for which the Honse of Representatives have allowed in this clause of" the pending bill 75,000. Thi bill 

is not the regular deficiency bill; it is a. bill to provide" for certain 

of the roo t urgent deficiencies in the appropriations for the service 

of the Government for the fiscal year ending June 30, 1 82, and for 

other purposes," such deficiencies as are so urgent that they cannot 

wait for the regular deficiency bill or until exa{lt information is given. 

It wa-s made apparent, I suppose, to the Hou e of Repre entatives that 

75,000 woulcl be needed now before the regular deficiency bill came in, and no communication being made to the Senate we agreed to it 

in otu committee and allowed it so to remain. 

The regular deficiency bill will be before the Senate, I suppose, in 

the next six weeks, perhaps in the next four; I do not know how soon. Then the committees of both houses can inquire of the PostmasterGeneral exactly how he desires to use this 150,000 or $200,000. In 

the mean time what is now called this ur~ent deficiency bill, without any estimate being made for it, contams an item of 75,000 to 

provide for the most urgent cases that cannot wait for the regular 

deficiency bill. 

The first question is, ought we not to have ha-d in the Book of Estimates giving the estimates for deficiencies a statement that there was a defiClency in this item T Ought we not to know precisely how ho 

is going to use this money, and where he is going to use it, and what 

the occasion is. We are giving him $75,000 now at a venture1 iu 

advanceoftheregulardeficiency bills, without an estimat.e and without any detailed information except what is now sent in the letter 

which has been read. Of course an increa e of 276 per cent. in the 

busine s of one post-office in ~olorado simply means thnt a new mining town has been established in Colorado and there has been a. great 

increa e of the business there owing to the discovery of a valuable 

mine in the neighborhood; but there is no evidence that there was not enough force to do the work needed before the increase took place. 

I believe, although I have not the estimates before me, that for the 

service of the current fiscal year Congress gave to the Postma terGeneral substantially all he a-sked. I remember that we have been 

always very careful, knowing the importance of the Post-Office Department, not to cripple it, not to hamper it, but to ~ive it-whatever was necessary. We have always recognized the fact that it was growing; but ought we now, in an urgent deficiency bill to simply 

supply the wants that are absolutely necessary before we can obi.ain 

accurate information for action when the gene~al deficiency bill comes up, where we shall certainly make all the needful provision, 

go further thall the Rolls~ has gone 1 No comn:JiHee can resist an 
1882. l CONGRESSIONAL RECORD-SENATE. 1425 

application ft·om the Post-Office Department. There is not a man in order to treat others a little more justly, scaling down, doing 

about here who does not wa-nt to aid it to the greatest possible extent. injustice to a portion of the offices and helping the others, because 

I was at home at Lexington the other day, a town of nearly seven- Congress will not give him means enough to keep up the business. 

teen thousand people according to your census, over twenty-one as it properly should be kept up. 

thous'1md by our calculation, and at the post-office there we have one The business has increased more than I stated when on the floor 

clerk who has to stand at the window appropriated for men, and at before. I said that it had increased from 25 to 40 per cent., but the 

the window appropriated for ladies, and at another window where average is greater than that; and because the business has increased 

there is a general delivery, and the whole room is not over twenty largely ought we not to provide for it f If we compel clerks to labor 

feet square. That office has but one clerk, and business men in the for the Government, shall we not pay them f When we have millbusiness hours of the day have to stand twenty minutes somet.imes ions in the Treasury, shall we not put our hand in and pay justly 

hefore they can get their mail. those men who have earned that money on the basis of their salaries f 

lir. MAXEY. Does the Senator think that rightf When the allowance for clerk hire is not adequate, and postmasters 

Mr. BECK. No; itisall wTong. Thereareplentyofhardcasesof are compelled to employ a greater force, they take it out of their 

that sort which ought to be remedied, and so there are everywhere. own salaries and run the risk of the Government paying them, and 

But I would ask the Senator from Texas if he does not think that the Government does not do it, as my ft·iend from Connecticut [Mr. 

when we give $75,000 now to meet the most urgent cases, especially HAWLEY] suggests, until by stint of pressure appropriations are .as the Postmaster-General made no estimate for this, and we gave made and money put in the hands of the Postmaster-General. 

him last year all he asked for, the Postmaster-General can wait for I am glad we have a Postmaster-General at the head of the Postthe general deficiency bill before we supply all that may be needed Office Department who has held a seat in this Chamber, who has had 

for t.he whole fiscal year, so that meanwhile we may gettheinforrna- legislative el..'"J)erience, who has known the times when perhaps the 

tion as to exactly where the money is needed. I do not care if the Senator from Kentucky, from the Committee on Appropl'iations, ha& urn wanted is $175,000; but I desired t{) explain why the Committee resisted such appropriations. We know how eagle-eyed that Sen- on Appropriations simply acquiesced in what the House did, there ator is for the economy of the nation, and yet there is such a thing 

being no information except the general information that the busi- as blurring the eye of facts and necessities, and I am afraid the Sen- ness was growing and that there were very many hard cases that he ator is in that condition to-day. I hope not, because I believe he ia 

could now supply, and in the ~eneral deficiency bill we could make rising now to accept the situation and vote for the amendment. 

it all good, whether we give him $150,000, or$175,000, or$200,000, or Mr. BECK. Will the Senator allow me to ask him a question f 

only $75,000 now. I think it makes very littledifferencehowfarwe Mr. FERRY. Certainly. uo now. I have only explained why the committoo stood by the Mr. BECK. He says it became the duty of the Committee on PostHouse provision. We had no estimate, no information until we heard Offices and Post-Roads to call the attention of the Committee on this communication read this morning. I think it would be safe to Appropriations to this fact. When was that done Y 

require the Department to await the general deficiency bill, and in Mr. FERRY. I did not state that I had called the attention of the 

the 1nean time givethem$75,000forthe most urgent cases. We have Committee on Appropriations to it. I said I had called to it their a new Postmaster-General now, recollect; he is not expected to know attention in the Senate. I said that the Postmaster-General supposed as much about the business as he would if he had been there three that the committee would in its good judgment act upon it on or four years, and we propose to bridge over his immediate trouble his letter; but the bill being reported back without any amendand give him a little further time to explain to us what he really ment on this point, simply concurring in the House action, it became 

requires. I think this is as much as can reasonably be expected the duty of the Committee on Post-Offices and Post-Roads to call the 

under the circumstances. attention of the Committee on Appropriations in the Senate to the 

Mr. ANTHONY. I will not put my recollection against that of the matter, and the attention of the Senate to the fact which it finds herft 

.Benator from Kentucky who is Rpon the Committee on Appropria- that they had not given the Postmaster-General the amount that ha 

tions, but my recollection is that in the last bill we granted but about asked. Of course it was not my place to enter the room of the Comtwo-thirds of the amount asked for by the Department. mittee on Appropriations; I am not a member of that able committee; 

Mr. ALLISON. The Senator ft·om Rhode Island will pardon me but I am a member of another committee conserving the interests of' 

.for interrupting him. I will state to him that last year we gave the the Post-Office Department. 

:Post-Office Department exactly what they estimated for clerk hire. Mr. BECK. Let me say to the Senator that neither the PostmasterMr. BECK. That is my recollection. General B.or any official of his Department thou~ht it worth their 

Mr . .ANTHONY. I received different information from the Depart- while to come before the Committee on Appropriations of the Sena~ 

mer:.~. Anyhow we do not want an estimate for a deficiency that we although we had the bill in our possession nearly a week and lh·we 

.a,ll know to exist. The Senator from Kentucky makes a strong argu- been three or four days acting on it, even to advise us of any com- ma.nt by reference to his own town for the passage of this amendment. plaint. Will he be kind enough to tell me why that official did not: 

I know in my city the business increased 50 per cent. without any come before us and why he did not estimate for the deficiencies, as increase of clerk hire, and the postmaster is now paying from his own it was his duty to do if he bad any f 

salary compensation to clerks because he cannot get a sufficient num- Mr. FERRY. I answer the Senator that if the Postmaster-General 

ber nor retain those of sufficient character without it. should drive down to the Senate every time there was an objection 

I think the Post-Office should be conducted somewhat on the prin- to an item in his bill he would be compelled to employ more vehiclee 

ciple of a man's private business, to grant the facilities where the and horses than the Senator from Kentucky would be willing to 

patronage comes from. We grant much to routes on the frontiers; appropriate fo:r. we make enormous appropriations for the transportation of the mails Mr. BECK. If the Postmaster-General is so high a.n official that 

in remote sections; but in those places where the Government he cannot condescend to tell Congress in the Book of Estimates what 

receives its chief revenue the service is hampered by the lack of a deficiencies he wants, and cannot tell the Committee on Appropriasufficient number of persons to cany it on. The city of Providence tiona of the Senate that the House has done an injustice to his sen- returns a net income of from one hundred and twenty to one hundred ice, although he has positive information, when they are acting upon 

.and fifty thousand dollars a year to the Post-Office, and it has not a deficiency bill, then he ha-s no right to come here and criticise 

.sufficient force to canyon the business. I hope that the amendment through anybody the action of that committee. 

will prevail. Mr. J:t"'ERRY. If the Senator will allow me, the Postmaster-General 

Mr. FERRY. 'Vhat the Senator from Kentucky has disclosed veri- has through his letter communicated to Congress. nes what I stated when I presented my amendment, that the Com- Mr. BECK. He has written no letter to the committee of the Senmittee on Appropriations had not considered this amendment. Their ate. That letter was to the House committee. 

attention, it seems, had not been called to the fact that the Postmas- Mr. FERRY. I said to Congress. This is a branch of Congress. 

ter-Generalhadrecommended a larger sum for this service; thatthis Mr. BECK. It is not Congress. 

item in the bill is not equal to his wants. I suppose that the Post- Mr. J:t,ERRY. It is a part of Congress. If I mistake not, the Senamaster-General expected that the Committee on Appropl'iations tor is as much a stickler for that as I am. . would in their good judgment accord him what he asked for; but it Mr. BECK. I desire to say further that when he wrote that letter .seems they did not. It then became the duty of the Committee on to the House committee, and the House granted him $75,000, he stoed 

Post-Offices and Post-Roads to suggest to the Committee on Appro- c~mtent ancl never ventured t.o suggest to the committee of the Senpriations in the Senate that they ought to accord to this new Post- ate that lle had any fault to find with the action. of the House. 

master-General just what he does ask, inasmuch ashehasaskedonly Mr. FERRY. I am not aware that t.he Postmaster-General haa 

one-half of the amount that is now applied for by fifteen hundred post- accepted willin~ly or graciously what the House bas done. As the 

1nasters throu7hout the country. When the Senator cites the esti- organ representing more directly the interests of the Post-Office Demates of the Secretary of the Treasury, and says that they did not partment, I call the attention of the Senate to the fact that the Hou1'.6' cover all the necessities of the business here, it is simply verifying of Representatives have not done what he asked for, and also to the 

the fact that no man in this country can anticipate the progress of further fact that he has stated that he has now applications for over 

thiR great nation. $300,000 to do justice to men who have earned the m<'ney, and be 

The Senator from Kentucky says that one-half of the amount will comes here with a letter aslci.ng for one-half that amount, $150,000, answer now, and we can give the balance hereafter. I think the and that was cut down in the House. The Postmas~ er-General ver~ 

Postmaster-General has been very generous. He baa divided the naturally awaited ihe action of the Senate, knowing the Senate t.o 

amount of his necessity, and now asks Congress to give him a sum be a more conservative and more generous body perhaps, and waitsufficient to cany on the business of these office.s. He states in his I iug for the Committee on Appropriations to change the $75,000 ~ 

Jetter that he has been compelled to draw from certain post-offices $150,000, so that this item might be equal to the amount stat-ed i1l:-

XIII-90 
'1426 CONGRESSIONAL RECORD-SENATE. FEBRUARY 24, 

his letter· but as the bill returned to the Senate without· that, it 

llecame the duty of the Committee on Po t-O.ffices a~d Po~t-Roads to -move the amendment asking that the recommeuclatwn of the Postmaster-General be concurred in by the Senate. 

:Mr. BECK. The presumption is that whe~ he did not estimate for 

any deficiency in this item in the Book of Estrmates that there was ~o 

verynrgentnecessity in the case; ancl when the House allo~ed h1m 

5 000 and he did not see fit to come before the Senate comnutte~ and 

make a~y complaint it was fair to a sume that he had no complaillt to 

make and it would have been I would almost say presumptuous on the 

part ~f the committee of the Senate to have altered the sum allowed 

him by the House when he neither wrote a letter nor appeared before 

the committee nor sent a messenger to advise us in any way that ~e 

had any fault to :find with what was clone by the House. It was his 

duty to have estimated for the deficiency if there was one, and to 

have told us why and to have stated the things that are now being 

said for him tha:t he wa-s behind, and that complaints were being 

made, and that he could not wait for the general deficiency bill. 

Havinu failed to do all these things, whatever the Senate may do with 

the a~endment I do not see how the Committee on Appropriations can be criticised. It was not our duty to a khim why he did not find 

fault with the Honse for not giving him aU he as~ed for. . If he had 

not rE\ceived from the House what he a ked for, It was his duty to 

ay that the House had not done him justice, and give us a chance 

of considering it. He did not do that; he ent us no letter; and the 

only excuse I have to make for him is the sa~e one I made be~ore, 

that he was recently put into a place abo.u~ whic~ he knew nothing-, 

notwithstanclina all the parade about ClVll-serviCe reform, and dfd 

not know what his own wants were. Now the Post-Office Comnuttee it seems has to take up for him what he did not know himself. Mr. ALLISON. Mr. President, I only wi h to submit an observation or two with reference to this amendment, and chiefly by way of 

remindinu my friend from Michigan tbat the Committee on Appropriations 0 

are obliged to use, and do use, the _or~ar¥ methods of 

curinu information with reference to appropnation bills. 

In th~ first pla-ce, the commit~e la t yea!' gave to the Post-Office 

Department all it asked for th1 purpo e. In the next place, the 

committee when this deficiency bill came before it, looked over the 

letteT of the Secretary of the Trea nry. Why! To see whether or not all the deficiencies had been sufficiently provided for. In that 

letter they found nothing whatever in the way of a deficiency for 

the purpose indicated in thl runenclment. In the next place, we turned as we always tlo, for in truction not only to the remarks of 

the Se~ator from Michi~an, but to remarks and speeches made elsewhere. We turned to tne debate on this bill elsewhere. 'V~ fo~d 

that this para1rraph for 75,000 had pas etl without an obJectiOn 

made from any0 qnar~er whatever with reference to it in the House 

of Repre entatives, if I may_ allude to wha~ oc?nn·ed there, as perhap I am not strictly perlllltted to do. Nothing appeared, therefore to the Appropriations Committee with regard to thisitem until 

-the Senator from Michigan, in his place in this body, a ~ed us why we did not increase the snm allowed by the Honse. I think I have 

O'iven a satisfactory rea on why the Committee on Appropriations 

fud not do it. . . We found also that for the next year the estimates for this very 

item amount to $4,235,000. The appropriation bill under discussion 

in the House of Representatives gives to the Po t-Office Department 

that full sum for next year. The full sum asked for in the estimates 

.is provided for in the bill as printed and laid on the tables. 

It may a-s well be understood once for all tha~ the Committee on Appropriations have other labor and other serv10e to perform than 

to be running around and inquiring at the various Departments 

whetheT it is not possible for~ .to give them more money .. If an addition is req ttired to appropriations made and reported to thiS body 

from the House of Representatives it is due t~at somebody SO!fie.where 

hould communicate that fact to the Comllllttee on A ppropnatwns of 

the Senate or else communicate, as they have a right to do here, by 

way of am~ndment, as suggested by the Se;nator from Michigan. 

I know it is useless for us to oppose this amendment, because I 

have in mv mind distinctly the story of the Arkansas jury, and I 

know also that there is probably a necessity existing for more than 

this 75 000, after the facts have been disclosed as they have been in 

the lett~r of the Postmaster-General. Therefore, for one, I intend to 

vote for this amendment myself, and I should have been ready to do so lonu aao but was waiting to hear my eloquent friend from Michigan, a~dthe reply of my colleague on the commit«;e, in order ~hat 1 ruight be fully informed as to what my duty was ill the preiDlSes. 

Mr. DAVIS of We t Viruinia. The amendment we know is out of 

order. It do~s not come from a committee, and the Committee on 

Appropriations has not had one day's notice of it. No Senator knows 

that better than the chairman of the Committee on Post-Offices and 

Post-Roads. Therefore, if the Committee on Appropriations cho e to enforce the rules, he could not get hi amendment in. The chair- man of the Committee on Appropriations has aid that he intended 

to vote for it. I rather regret that he has said so. I think it a big 

tretch, and I have myself a notion to call the attention of the Chair 

to its being out of order; but I suppose I had better not. 

The PRESIDING OFFICER. Th question is on the amendment 

-.,1 tbe Senator from Michigan. 

rhe .amendment was llgl"eecl to. 

Mr. BUTLER. I offer the following amendment to be inseTted 

after line 243, or rather to follow the amendment of the Senator from 

Connecticut, [Mr. PLATI,] which comes in after line 243: 

That the employes of the Senate, including the Capitol police, receiving an annual compensation. who were employed on the 4th day of March, 1881, and who were on the rolls on the 29th day of October, 1881, shall be paid a sum equal to one month's pay at the rate per annum they were receiving at thelast-mentione<l date 

specified herein; and a sUfficient sum for this purpose is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. 

Mr. ALLISON. I think that is out of order. 

Mr. BUTLER. It was rekrred to the Committee on Appropriations. 

Mr. ALLISON. To be put on this bill f I should be glad to know 

when that was referred. 

· :Mr. DAVIS, of We t Virginia. It does not come from a standing 

committee. 

Mr. ALLISON. I know; but I want to hear when it was referred. 

The PRESIDING OFFICER. Does the Senator from Iowa raise a point of order on the amendment f 

Mr. ALLISON. I do. 

The PRESIDING OFFICER. The Senator will state his point of 

order. 

Mr. ALLISON. First, it does not come from a standing committee 

of the Senate; and, secondly, it has not been referred to the Committee on Appropriations. 

Mr. BUTLER. The Senator is mistaken about that. 

The PRESIDING OFFICER. The Chair will be advised by the 

Secretary from the record how the fact is. [A pause.] The Chair is 

advised from the indorsement on the amendment that it wa referred 

to the Committee on Appropriations· on "February 20 and ordered to 

be printed. 

Mr. DAVIS, of West Virginia. ·As an amendment to thi bill ' 

The PRESIDING OFFICER. Yes sir. 

Mr. ALLISON. I see now that it h;,a been refened a an amendment to this bill; I was not aware of that before. I will say to the 

Senate that this proposition has been so often before the committee 

that it escaped my observation that it had been referred as a special 

amendment to this bill. 

Mr. DAVIS, of West Virginia. But what committee docs it come from 

Mr. ALLISON. No committee; I raise that point. 

Mr. BUTLER. I offered the amendment myself and had it referred 

to the Committee on Appropriations. The Committee on Appropr~­

ations declined to incorpoTate it in the bill, and the committee evidently did not see it; but I am not responsible for that. 

I de ire to state in connection with it that it simply provides ono month's pay for the annual employes of the Senate. Those employes 

have been here during two or three extra se sions from March4 until 

about the 20th of May last sprin~> and then again in October, and 

have never been paid this months extra pay. The employes of the 

Honse have had it twice, as I am informed; and if that be the case I see no reason why the employes of the Senate should not be paid 

likewise. They came here at a period of the year when it may have 

been very inconvenient for them to be here paying their own expenses; 

they did duty, and it seems to me they are entitled to this allowance. 

I am reminded by the Senator from Ohio [Mr. PENDLETON] that tho reason they were not paid at the time was that we could not do it 

by resolution. 

Mr. BECK. But it is not a deficiency; it belongs either to the 

sundry civil bill Qr to a sepru.·ate bill. Thi is an urgent deficiency 

bill. 

Mr. BUTLER. If this is not a deficiency I clo not know what it 

is, and it certainly is urg-ent. 

Mr. BECK. Everything refm;red t~ the Committee on Appropri_ations should go to its appropriate bill, and when a deficien~y bill comes a thing that is not a deficiency ought not to p considered 

by us in connection with it. 

Mr. McMILLAN. What is the question f 

The PRESIDING OFJi.,ICER. The question is on the amendment 

o.1fered by the Senator from South Carolina, [Mr. BUTLEB.] 

Mr. ALLISON. Doe the Chair rule the amendment in order 

The PRESIDING OFFICER. The Chair has .ruled UJ;lO?- the one point sugO'estecl by the Senator from Iowa, that ill the opnnon of the 

Chair that point is not supported; but the Chair thinks that under 

rnle 27 the amendment is not in order. 

Mr. BUTLER. Will the Chair be kind enough to state wh~~t that 

rule is f 

The PRESIDL.~G OFFICER. The Secretary will read the rule. 

The Acting Secretary read as follows : 

27. All "'eneral appropriation bills shall be referred to the Committee o~ .Appropriations, 'except bills making appropriations for rivers and harbors, wh1c~ shall 

be referred to the Committee on Commerce; and no amendments shall be recmved ~ 

any general appropriation bill the effect of which will be to increase .an appropi:;~-­

ation already contained in the bill, or to add a new item of appropriation, unless 1t 

be made to carry out the provisions of some existing la~, or treaty ~tipula.tion. or act, or resolution previously pa.ssed. by the Senate durmg that sessl.On; or unlesa 

the same be moved by direction of a standing or select committee of the Senate, or propo ed in pursuance of au e timate of the head of some one of the Depart· ments. 

The PRESIDING OPFICER. The Chair hold under that rule that 

the effect of this amendment would be to increa: e an item of appropriation .alread_y in the bill, and that it is not in pursuance of any 
1882. CONGRESSIONAL RECORD- SENATE. 1427 

existing law, or moved by the direction of a standing or select com- mittee, or proposed in pursuance of any estimate by the h ead of a Department. 

Mr. BUTLER. I am reminded by the Senator from Ohio that the 

Senate pa~sed a resolution authorizing this. It seems to me, therefore, that the amendment would be in pursuance certainly of a reso- lution of the Senate, and hence not obnoxious to the rule. 

The PRESIDING OFFICER. The Chair has no information on that 

subject. If there is such a resolution it can be produced. Does the 

Senator appeal from the deci ion of the Chair f 

:Mr. BUTLER. No, sir; I do not appeal, but I tlo not agree with 

·the Chair. 

:Mr. WJNDO)J. I offer the following amendment, to come in at the nnu of line 243, on page 11 : 

To enable the Acting Secretary of tl;le Senate to pay RichardS. Murphy for serv- ices rendered as clerk to the Committee on Foreign Relations from December 6, 

1881, nntil December 191 },881, inclusi>e, at the rat~ of compensation allowed per 

diem committee clerks, ~· 

I will only say that thls youn~ gentleman performed the service ue cribeu in the amendment, ano. cannot be paid unless this appropriation is made. I presume there will be no objection to the amendmP.nt. 

The amendment was agreed to. ~Ir. VOORHEES. I am instructeu unanimou ly by the Joint Select 

Committee on Additional Accommodations for the Congressional 

Library to offer the following amendment, to come in at the bottom or page 5, after line 108: 

To pay expert archirects emplo;yed under the act of June 8, 1880, for "Work on additional accommodations for the Library of Congre , and to meet other expenses of the committee ou that subject, $5,000. 

The amendment was agreed to. 

)lr. :Mcl\IILLAN. I offer the following amenllment, to come in at 

the end of line 143 : 

The • eCI·etary of War is authorized to use the unexpended balance of the appro- priations for the Su quehanna. River above and below Havre de Grace in the con- ;;trnction of the channel and brea1.cwater of the Fishing Battery below Havre de 

(jrace. 

Thi. is a matter that ha been before the Committee on Commerce, 

:md it is with the a ent of the committee that I offer the amendment. 

The amendment wa agreed to. 

Mr. PLU~IH. I desire to call the attention of the chairman of the c:ommittee to the wording of the paragraph from line 153 to line 160. 

1 t is a follows: 

That the sum of $35,000 of the amonnt appropriated" for mail-route messen~ers 11 

under the act approved March ~~ 1881, "making appropriations for the semoe of 

the Po t-Office Department for me fi cal year ending June 30, 1882, and for other 

purposes, 11 is hereby transferred and made available as follows, namely. 

Then follow three items aagreuating $85,000, and not $35,000. 

:Mr. ALLISON. My friend~ observe that there is a period after ench one. :Mr. PLilliB. I ti.nderstanu that, but at the same time it would seem a though all tho e items there were to be embraced in the transfer. There i nothing to distingui h them. I was going to suggest, 

inasmuch as there is another item for precisely the same purpose, to 

make the thing more specific and certain, that we strike out the 

words "as follows, namely," and say "for payment of route agents." 

These are substantive appropriations and not transfers. 

Mr. ALLISON. I do not think that makes any difference. Line 

160 is a tj]:ansfer, and the $35,000 there might perhaps be omitted. If 

the Senator will look at the House print he will see that at the end 

of the $35,000 in that line there was a semicolon; and if that were so now his criticism would be a good one. Perhaps he has the 

Honse print before him. But this is now a paragraph by itself; and 

the next item is a paragraph by itself. The two items are just as dj tinct as though they were a hundred lines apart. 

Mr. DAVIS, of West Virginia. The chairman will recollect that 

the committee considered that matter. ~11:. ALLISON. 'Ve did, very thoroughly. 

:Yr. DAVIS, of West Vil'ginia. 'Ve looked at it in the light ofthis 

very sngO'estion. 

::\Ir. PLUMB. I am not going to mgethe matter against the com- mittee, but the formality that is employed in designating the appropriation would seem to indicate that there was more than one item 

under the transfer clause" and made available as follows, namely," as though it was divided into items separately ma.king several sums out of that 35,000, whereas the first line followin~ appropriates $35,000. It seems to me that as it stands in its relations to the bill 

it causes doubt about the purpose to appropriate the additional sums of 10,000 and $40,000 in the two succeeding items thereafter, as the 

10,000 eems to be for the same general purpose. 

Mr. BECK. But the whole object was to change the reading from 

"mail-route messengers" to "route agent ." 

Mr. PL illiB. I understand that the 35,000 is transferred and made 

available for the payment of route agents. 

Mr. BECK. That is it. 

Mr. PLIDffi. Then there is no necessity for the change. Mr. ALLISON. As the Senator from Kan as seems to ha>e been misled I am afraid some other person may be; and, therefore, per- haps the clause had better be amended. 

Mr. PLUMB. Imo>e tostrikeoutthe ,Yonl " asfollowR,namely,' 

iii line 159, and insert ''for the payment of route agents." And then 

to strike out the whole of line 160. 

The PRESIDING OFFICER. The proposed changes· will be re- ported from the desk, so that they may be understood. 

The PRIXCIP AL LEGISLATIVE CLERK. After the word t' available 11 

in line 159, it is proposed to strike out "as follows~ namely," and 

in ert ''for payment of route agents; " and to strike out line 160, as follows: 

For route agents, $35,000. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amendments were concurred in. 

The amendments were ortlered to be engro ell, and the bill to be 

read a third time. 

The hill was read the thil'd time, and passed. 

ill\"'ROLLED BILL SIG~'ED. 

A message from the House of Representatives, by 1\Ir. McPHERSON, 

its Clerk, announced that the Speaker of the House had signed the 

enrolled joint resolution (S. R. No. 41) authorizing the Secretary of 

War to use rations for the relief of destitute persons in the districts 

overflowed by the Mississippi River; and it was thereupon signed 

by the President pro tempo1·e. 

PETITIOXS il"D )IE:\IORIALS. 

l\Ir. CAMERO~ of Pennsylvania, presented a petition of the Philadelphia Boacl'd ot Trade, praying for the passage of a bill to regulate 

interstate commerce ; which was referred to the Committee on Com- merce. 

He aJso pre en ted a. petition of the Philadelphia Board of Trade, 

praying fm the passage of a bill for the distribution of the unex- pended balance of the Geneva award; which was ordered to lie on the table. 

He also pre en ted a memorial ofthe Philallelphia Board of Trade, 

remonstrating against the passage of the bill to facilitate the decision 

of controverted questions in customs-revenue cases; which wa.a re- ferred to the Committee on Finance. 

He al o pre ented the petition of George W . Burchfield, late of 

Company .A., Fifth Regular Cavalry, praying that he may be allowed a. pension; which was referred to the Committee on Pensions. 

He also presented a peti,tion of (litizens of Juniata County, Pennsylvania, praying that George W . Burchfield, late of Company A, 

Fifth Regular Cavalry, may be allowed a pension; which was referred 

to the Committee on Pensions. 

Heal o pre ented a petition ofmembers of t.he bar of the county 

of Erie, Pennsylvania, urging upon Congress the great need exist~gfor a suitable public building at the city of Erie for the acco'mmodation of the post-office, the collector's office, the internal-revenue collector's office, and other Government uses; which was referred to 

the Committee on Public Buildings and Grounds. . Mr. COCKRELL presented the petition of B. B. Connor, of Louisville, Kentucky, by his attorney, J. Madison Cutts, praying that his pr~vious petition and papers be taken from the files of the Senate 

and referred to the Committee on Claims ; which was referred to the 

Committee on Claims. 

REPORT OF A CO::\DIITTEE. 

~Ir. CAMERON, of Pennsylvania, from the Committee on Naval 

Affairs, to whom was referred the bill (S. No. 14) for the relief of 

Thomas G. Corbin, reported it without amendment, and submitted a report thereon, which was ordered to be printed. 

BILLS INTRODUCED. 

~fr. CAMERON, of Pennsylvania, asked and, by unanimens con- sent, obtained leave to introduce a bill (S. No. 1321) giving the eon- sent .of the United States to the erection of a bridge across t.he Dela- ware River between Philadelphia and Camden; which was read 

twice by its title, and referred to the Committee on Commerce. He aJso asked and, by unanimous consent, obtained leave to intJ:oduce a bill (S. No. 1322) to authorize the purchase of a site and the 

erection of a suitable building for a post-office and other Government 

offices in the city of Scranton, Pennsylvania; which was read twiceby its title, and referred to the Committee on Public Buildings and 

Grounds. 

He also asked and, by unanimous consent, obtained leave to introduce a bill (S. No. 132:j) for the relief of Henry Starr; which was read twice by its title, and referred to the Committee on Military 

Affairs. He also asked and, by unanimous consent, obtainedleavetointroduce a bill (S. No. 1324) to place Ordnance-Sergeant Joseph Burkhart, United States Army, on the retired list; which was read twice 

by its title, and referred to the Committee on Military Affairs. 

Mr. :FERRY asked and, by unanimous consent, obtained leave to 

introduce a bill (S. No. 1325) to restore to market lands in the State 

of Michigan remaining unsold within Indian reservatio.ps, unde.r 

treaty with the Ottawa and Chippewa Indians of July 31, 1855; 

which was read twice by its title, and refened to the Committee on Indian Affairs. A::II XDME...~T TO POST-ROUTE BILL. 

)lr. COCKRELL:mdl\fr. BRO~submittedamellllmentsintended 

·to be propo ed hy them m pectiYely to the bill (H. R. No. 3844) to 
1428 OOKGRESSIONAL RECORD-HOUSE. FEBRUARY 24, 

establish post-routes; which were referred to the Committee on PostOffices and Post-Roads, and ordered to be printed. 

MESSAGE FRO:ll THE HOUSE. 

A messa(J'e from the House of Representatives, by Mr. McPHERSOX, 

its Clerk, ~nnounced that the Honse had passed the following bills; 

in which it requested the concurrence of the Senate : A bill (H. R. No. 1400) for the relief of Carlile Boyd; 

A bill (H. R. No. 1516) granting arrears of pension to Mrs. Annie 

A. Hays; 

A bill (H. R. No. 1521) granting a pension to Su an R. Johnson; 

and 

A bill (H. R. No. 1612) for the relief of William P. Chamhlis . 

PAPERS 'WITHDRAWN .M\"D REFERRED. 

On motion of 1\lr. COCKRELL, it was 

Ordered, That the papers in the case of B.. B.. Connor, now on the files, be t ak en therefrom and refe.rred to the Committee on Claims. 

ADJOUM~~-r TO !\IOXDA Y. 

On motion of 1\lr. VOORHEES, it wa 

()rdered, That when the Senate adjourn to-day, it be to meet on Monday next. 

l1017 E BILLS REFERRED. 

The bill (H. R. No. 1400) for the relief of Carlile Boyd was read 

-twice by its title, and referred to the Committee on Military Affair . The bill (H. R. No. 1516) granting arrears of pension to llis. Annie 

A. Hays was read twice by its title, and referred to the Committee on 

Pensions. 

The bill (H. ·R. No. 1521) gmnting a pension to Susan R. John on was read twice by it title, and referred to the Committee on Pen-

·sions. 

The bill (H. R. No. 1612) for the relief of William P. Chamblis was read twice by its title, and referred to the Committee on Military AffaiT . CHD.'"E.: E ll\11\fiGRATIOX. 

Mr. MILLEH, of California. I move to take up the bill (S. No. 71) 

to enforce treaty stipulations relating to Chinese. 

The PRESIDING OFFICER, (Mr. INGALLS in the chair.) The 

question is on the motion of the Senator from California. 

Mr. BAYARD. I shall not oppose the taking up of that bill if i~ 

·can be taken up coupled with the understanding that when action ,of the Senate has been had upon it the tariff-commi sion bill hall 

become the regular order. 

The PRESIDING OFFICER. The only question before the Sen- .ate is whether it will proceed to the considerat ion of the bill moved 

by the Senator from California. 

Mr. BAYARD. I feelit to be my duty to pre son the consideration 

-of the Senate the tariff-commission bill. I do not deny at all the relative importance of the bill relating to Chinese immigra.tion to our friends upon the Pacific side, and I am disposed to belien that I .sympathize with them in their desire to pass it; but that is not the 

.question. It is a matter for the Senate to decide upon the precedence 

to be given to measures ofpublic interest. I know of none more im-

-portant now to the business interest of this country than that the 

tariff-commission question should be settled by the Senate. If we -can come to a vot.e on that, the sooner the better. But I trust the 

.Senate, with this notification, will not agree to take up the measure ;guggested by the honorable Senator from California. I say it not 

with the slightest idea or the slightest intention of antagonizing the 

:final success of his measure; but merely as to the order of discus ion~ 

1 consider that the tariff-commission bill should have its place and 

.should keep it. Therofore I trust the Senate will not agree to the 

proposition of the Senat.or from Californi:J., and if it shouln be defeated I shall then move to take up the tariff-commission bill. 

Mr. FARLEY. Mr. President, I have no doubt that the motion of 

my colleague ou~ht to prevail. This is a matter which the people . of the entire PaCJfic coast, and I think of this coast, have a very important interest in ; and unless we can get action upon the bill at an -early day, in all probability the occasion for the bill will have passed 

away. Every steamer that has come from China for the last three or four months has come in loaded with Chinamen, and they are bringing disease upon our coast, they are injuring our interests in 

every respect. In addition to that, those Chinese who arrive here 

before this bill becomes a law will not be subject to the provisions 

of the act. Now, if we can get this bill up and can have action upon 

it, I hope it will not t::~.ke two days to discuss it and pass it or defeat 

it. The people of our whole coast, and I think those on this side, are interested in the consideration of the question. We have plenty .of time to consider the tariff-commission bill. That bill has been debated on this floor, and its consideration has been gone through with 

by a number of Senators. · - Mr. BAYARD. Then let us have a vote on it. 

Mr. FARLEY. The Chinese bHl will not delay action on the tariff 

'bill more than one or two days; and roy colleague and myself have 

.agreed that if atanyperiod it seems likolytotakeup moretimethan 

it ought to take, we will consent that it shall go over as unfinished 

business and allow other matters to be taken up. For that reason I 

insist that the motion of my colleague ought t-o prevail at this time. - The PRESIDING OFFICER. The quet:~tion is on the motion of 

the Senator from California, [Mr. MILLER.] 

Mr. BAYARD called for the yeas and nays, and they were ordered. 

The Principal Legislative Clerk proceeded to call the roll. 

Mr. CAMDEN, (when his name was called.) I am paired with 

the Senator from Rhode Island, [Mr. ALDRICH.] 

The roll~call having been concluded, the re ult wa announcedyeas 35, nays 16 ; a follow : 

Brown, Butler, Call, 

Cameron of \\i .. , 

Coke, 

Con~er, 

Da.VLS of Illinoi , Edmund , Fair, 

Alii on, Anthony, Bayard, Book, 

YEAS-a.J .. 

Farley, .Tones of Kevada, Goorge, Kellogg. HamJ?ton, Lapham, Hams, McDill, Harrison, Maxey , Hill of Color atlo, Miller of Cal., Inp;alls, Pendleton, .Tonaa, Plumb, Jones of Florida, Pugh, 

N.A.YS--16. 

CruneMn of P a., Hawley, DawE's, McMilla n, Ferry, Morrill, Garland, Platt, 

ABSE~T-25. 

Aldrich, Groome, Lam:~.r, 

Blair. Grover, Lo!mn. 

Camden , Hale, Mo'Phen;on, Cockrell, Hill of Georgia, Mahone, Davis of "\V. Va. , Hoar, Miller of N.Y. , Frye, .Jackson, Mitchell, Gorman, .Johnston, Morgan, 

Saunders, 

Sawyer, Sherman, Slater, 

Teller, 

Vance, 

Vest, 

Walker. 

Ransom, Rollins, 

Saulsbury, 

Voorhees. 

Sewell, 

VanWyck, Wi.l.liallls 

Wind.om .. ' 

So the motion wa agreed to; and the Senate, as in Committee oi 

the Whole, proceeded to consider the bill (S. No. 71) to enforce treat,-

stipulations relating to Chinese. 

EXECUTIVE SESSIOS. 

Mr. GARL.Alo.J). I move that the Senate proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the con- sideration of executive business. After fifty-two minutes spent in 

executive session the doors were reopened, nnd (at four o'clock and 

fifty minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY llebruary 24, 1882. 

The House met at twelve o'clock m. Prayer by the Chaplain, Rev. 

F. D. POWER. APPROVAL OF JOURNAL. 

The Journal of yesterday was read. 

?tlr. JOYCE. I was not present when the JoliTnal was read, but 

the gentleman from Massachusetts [Mr. ROBINSON] haa stated to mu that it does not correctly state the action taken with re'gard to some sections which I moved to strike out in the District code bill last evenin~, and which were passed over to be aft.erward returned t~. 

The SPEAKER. It is so stated in the Journal. 

l\1r. ROBINSON, of Massachusetts. It was not so read . The SPEAKER. That part of the Journal will be read again. 

The Clerk read as follows: 

Mr . .JOYCE, byunRllimous consent, moved to strike out sections 193 to 198 in.cla.- sive, and insert ln lieu thereof the following amendment as one section: 

Pending which, 

Mr. GEORGE D. ROBIXSON moved to amend section 193 by striking out the wonl 

"nor" ~nd inserting in lieu thereof the words "or to sell such liquors, wines, oc cordials." I 

Ordered, That said sections be passed onr for the present. 

l\lr. ROBINSON, of Massachusetts. That is all right . The Journal was then approved. 

JOirn' H. JO~ES AND THO?tiAS D. HARRIS. 

1\Ir. McKINLEY, by unanimous consent, introduced a bill (H. R. 

No. 4656) for the relief of John H. Jones and Thomas D. Harris; 

which was read a first and second tlme, referred to the Committee on War Claims, and ordered to be printed. 

ORDER OF BUSINESS. 

Mr. SPAULDING. I ask unanimous consent to have taken frora 

the Private Calendar for present consideration Honse bill No. 804-

Mr. BLAND. I call for the regular order. 

PRL."'TING FOR JUDICIARY C0:\1!\fiTTEE. 

1\Ir. 'VILLITS. I am directed by the Committee on the Judiciarr 

to submit the resolution which I send to the desk. 

The Clerk read as follows: 

Resolved, That certain papers before the .Judiciary Committee relative to an additional Representative for the State of Nebraska be printed for the use of sa.id. committee . 

There being no objection, the resolution was considered and adopted. 

Mr. WILLITS moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be 

lajd on the table. 

The latter motion was agreed to. '