8226 CONGRESSIONAL RECORD-HOUSE. SEPTEl\IBER 3, 

adopted citizens, or us being desirable at all as citizens. He was a 

Democrat, the head of the Democratic party in California, representing Southern interests and Southern sentiment, and was the go\ernor of the State of California. 

That great Democrat (and be was a great man in his way, great in 

intellect, I believe afterwards a member of this body), according to the 

sentiments expressed in his message, preferred the Chinese to the thousands of worthy Irish and German, and Scandinavians and Norwegians 

and English, and to all other of our adopted citizens, by stating in a 

Siic'tte paper that they, the Chinese, were the ''most desirable of our 

adopted citizens." That sentiment, that expression, that movement, 

if you please, upon the part of the Democratic governor of the Sbte of 

California in 1851, or perhaps it was 1852, had its fruit in the Legislature succeeding, which was a Democratic Le,oislature by the way. 

Archibald Peachy, I believe, another Southern man, another Democrat, a leading member of the Assembly of the State of California at 

that time, a leader of his party, introduced a bill into the Democratic 

Assembly providing for. the affirmation or legalizing in the United 

States of contracts 1or labor made in foreign countries. The object of 

that bill was to make valid in the State of California and in the United 

States of America contracts made with the Chinese for cooly labor 

ranging from two to three and five years, by which coolies were to be 

brought to this country to work in competition with the laborers of 

California for wages at from $8 to $12 a month and that at a time when 

the ordinary common laborer in the city of San Francisco and in the 

State of California coulq receive $3 a day for his labor,or$90 a month. 

That bill passed the Democratic Assembly of the State of California. 

Mr. STEW ART. Every Democrat voted for it. 

Mr. MITCHELL. Every Democrat in that House, as suggested by 

the Senatar from Nevada, voted for it. 

HOUSE OF REPRESENTATIVES. 

MONDAY, Septembe·r 3, 1888. 

The House met at 12 o'clock-m. Prayer by Rev. J. H. CUTHBERT, 

D. D. 

The Journal of the proceeding.;; of Saturday last was read and approved. 

CHINESE DDHGRATIOX. 

Mr. SCOTT. I ask unanimous consent to introduce a bill for immediate consideration. 

Mr. TOWNSHEND. Let the bill be read. 

The SPEAKER. The gentleman from .Pennsylvania [Jtir. SCOT!'] 

asks unanimous consent to intrpduce a bill for present consideration. 

It will be read, after which the Chair will ask for objection. 

The Clerk read as follows: 

A supplement to an act entitled "An act to execute certain treaty stipulations 

relating to Chinese," approved the 6th day of May, 1!!8~. 

Be it enacled, etc., That from and after the pa.ssa~e of this act it shall be unlawful for any Chinese laborer who shall at any time heretofore have been or may now or hereafter be a r esident within the United States, and who shall have departed or shall depart therefrom, and shall not have returned before the passage of this act, to return to or remain in the United States. 

SEc. 2. That no certificates of identity provided for in the fourth or fifth sec- tions of the act to which this is a supplement shall hereafter be issued· and every certificate heretofore issued in pursuance thereof is hereby declared void 

and of no effect; and the Chinese laborer claiming admission by virtue thereof 

shall not be permitted to enter the United States. 

SEc. 3. That all the duties prescribed, liabilities, penalties, and forfeitures 1m· posed, and the powers conferred, by the second, tenth, elevent·h, and twelfth 

sections of the act to which this is a supplement are hereby extended and made 

applicable to the provisions of this act. SEc. 4. Tbat all such part or parts of the act to which this is a supplement as are inconsistent herewith are hereby repealed. Mr. STEWART. And every Whig voted against it. 

Mr . . MITCHELL. And every Whig voted against it. The bill went The SPEAKER. Is there objection? The Chair bears none. 

to the Senate and there, thank God, it was defeated by who? By one The bill (H. R. 11336) was read a first and second time. 

Republican Whig and one Democrat-old Philip Roach, I believe. 1\Ir. EZRA B. TAYLOR. I should like--

' Mr. STEW ART. No; Roach was for it. J\fr. SCOTT. I have not surrendered the floor. 

Mr. MITCHELL. I am mistaken, then! about that. I supposed ML- Mr. JACKSON. I do not wish to object. I merely wish to inquire 

Roa h had given his influence against it, but I am eorrected ·in that. what is the purpose of this legislation. We have recently passed a 

Then the man who led the opposition to the bill was David C. Broderick. general act on this subject. · Mr. STEWART. He was the man whQ defeated it. Mr. SCOTT. IftheHousewillpermitme, Mr. Speaker,Iwillendcavor 

Jt1r.JtiTTCHELL. .And a leading Whig whose name I do not remem- to explain the object of this bill and what is ex1>ected to be accombm· now, representing the city of San Francisco in the State Legislature. . plished by it. It will be necessary to refer in this connection to the 

Mr. STEW ART. Dingly was the \Yhig. treaty of 1880 between the United States and China and the treaty 

])llr. JtiiTCHELL. When the Senator from Mississippi therefore gets which has lately been negotiated but not yet ratified. This bill does 

up here in his defiant way and charges the Republican party of this not conflict in any way with any treaty stipulations now existing becountry and the Republicans of this country with opening the door to tween the United States and China. ltmerelyprol?oses under certain 

Chinese immigration to this country and inviting Chinese immigra- conditions to prohibit Chinese laborers from coming into the United 

tion to this country, he simply proclaims to the world his own igno- States. If the treaty recently negotiated has been rejected by the 

ranee of what be is talking about, or else he is not as careful as .he Chinese Government, then this bill is essential, and is the only possible 

should be in refrainin~ from knowingly misrepresenting the facts. way by which Chinese laborers can be kept out of the United States. 

The door to Chinese immigration was opened by the Democratic party Mr. JACKSON. I have no objection to the consideration of the 

of California in the manner I have stated: and that is all I desire to bill. 

say in reference to the matter, as I am anxious for a vote on the final Mr. SCOTT. I have not yielded the floor. 

passage of the pending bill. Mr. PAYSON. I desire to ask the gentleman from Pennsylvania 

Mr. TELLER. Mr. Presiden~ [Mr. ScoTT] whether this bill has been submitted to the members on 

Mr. CULLOU. Will the Senator from Colorado allow me to make this side from the State of California? 

a motion to adjourn? Mr. SCOTT. No, sir; it has not been. It is now submitted to them. 

Mr. TELLER. I will, retaining the floor. Mr. P A.YSON. Then it is offered for present consideration. I now 

1\fr. CULLOM. I move that the Senate adjourn. see the gentleman from California [Mr. MORROW] in his place. 

The PRESIDING OFFICER. Before the Chair submits the motion Mr. MORROW. I should like to have a moment to examine the prohe will suggest that the Senator from Missouri [Mr. VEsT] has re- visions of this bill. . _ 

quested that the bill be printed. I The SPEAKER. The gentleman from Pennsylvania states that be 

Mr. VEST. Yes, let that order be made. has not yet yielded the floor. 

The PRESIDING OFFICER. If there he no objection, it will be so 1\ir. SCOTT. I desire to call attention to what this bill proposes to 

ordered. do. Under sections 4 and 5 of the statute of 1882, enacted in conMESSAGE FROM THE HOUSE. formitywitb the treatyof1880, it was provided that a Chinaman then 

A message from the House of Representatives, by Mr. T. 0. TOWLES, a resid~nt of the United S~ates might, under certain conditions, leave 

its ChiefCJerk, announced that the House had pa.ssed the bill (S. 186) to t~ w Um~ed States, go to Chin_a and return, bu_t was to d<? s~ und~r ~ cer- amend section 1225 of the Revised Statutes concerning details of officers t~fica.te ISsued by the authc;mty of our Gov.ernment certifYing b1s .Idenofthe Army and Navy to educational institutions, and so forth, with ttty ~nd thll;t he was a res1d.ent o~ the Uruted States. Under t~ au- amendments in which it requested the concurrence of t he Senate thonty, wh1ch our treaty stipulations under the treaty of 1880 did not · · require us to give, a Chinaman could take bis certificate and return to 

ENROLLED BILL SIGNED. China; and as the truth is a merchantable commodity from a Chinese 

The message also announced that the Speaker of the House had signed point of view, those certificates were in many instances sold to Chinathe enrolled joint resolution (H. Res. 14) to authorize the Secretary of men who had never been in this country, who took them and came to 

the Interior to certify lands to the State of Kansas for the benefit of the United States in violation of the law. When a Chinaman reached 

agriculture and the mechanic arts. the port of San Francisco the duty of the collector of the port under 

ADl\!ISSION OF WASHINGTO~. the law was to determine his identity; and when the collector by posMr. PLATT. I ask that the unfinished business be laid before the itive evidence kne.w that the Chinaman offering the certiiicate was not 

Senate. , the person to whom it had been originally issued, the collector at once 

The PRESIDING OFFICER. The Chair will lay before the Senate required such Chinaman to leave the country. But it was just here 

the unfinished business, which is the bill (S. 12) to provide for the that the United States courts came in and upon habeas corJ?US proformation and admission into the Union of the State of Washington, ceerungs declared in many instances that the Chinaman offering the 

and for other purposes. certificate waa the original owner. By this process Chinese laborers by 

Mr. CULLOM. I move that the Senate adjourn. the thousands have been permitted to come to the United States fraudThe motion was agreed to; and (at 5 o'clock :md 40 minutes p. m.) ulently under certificates which bad never been issued to them. 

the Senate adjourned until to-morrow, Tuesday, September 4, 1888, at If, sir, the report in regard to the rejection of the treaty by China is 

12 o'clock meridian. 1 a correct one, orwhetherChina ratifies the treaty hereafter or not, there 
1888. CONGRESSIONAL RECORD-HOUSE:- 8227 

is nothing inconsistent in this law or in what is proposed to be done 

under it in violation of the treaties. 

:Mr. IUcKEl"'NA. Wili tne gentleman permit me to ask him a question ?• 

Mr. SCOTT. Certainly. 

Mr: UcKENN A. I wish to get information from the gentleman in 

explanation of his bill. poes the bill you have submitted prohibit the 

coming of Chinamen to this country who have never been here? 

l\Ir. SCOTT. No, sir. The treaty stipulations in regard to that1\ir. l\1cKENNA. I would like the gentleman to give me his opinion of the matter. 

l\ir. SCOTT. It is the existing law we are trying to repeal in con- nection with that subject. 

Mr. McKENNA. But I would like to hear an explanation from the 

gentleman of the exact effect of the bill in that regard. l\Iy attention was diverted at the time the bill was read. 

Mr. SCOTT. The bill had better be read again, and the gentleman can draw his own conclusions. 

:Mr. McKENNA. Can not you answer as to that yourself? 

l\Ir. SCOTT. No; but I will ask that the bill be again read, and the 

gentleman can draw his own conclusions from the bill. 

Mr. :MORROW. If the gentleman from Pennsylvania. will permit 

me, I understand from the gentleman's explanation that the bill is directed particularly to the revocation of the certificates of identification 

heretofore g1'ailted to the Chinese. 

1\Ir. SCOTT. Yes, sir. 

M.r. MORROW. Let me say that in California we are unanimously 

in favor of any measure which will accomplish that result. We also 

desire to go further and prevent all further Chinese in:u:rllgration. 

Mr. WEAVER. So also in Iowa. 

Mr. MORROW. And if the gentleman will allow this matter to go 

over until later in the afternoon, so that this bill can be closely exam- ined to see that it accomplishes all that is necessary and desirable on the Pacific coast, or whether it needs amendment, there will be no opposition whatever to it. I can assure the gentleman from Pennsylva· 

nia that the delegation from the Pacific coastwill co-operate with him 

in framing any additional provisions that may be necessary to relieve 

the coast of the evils involved in Chinese immjgration. Mr. TOWNSHEND. The bill is short; let it be read again and the 

gentleman can see what it provides. 

1\Ir. 1\IcCLA.l\IUY. And he can put his own construction on it. 

Mr. 1\IOR.ROW. You provide as I understand it for the repeal of 

the provisions of the act of 1882, which requires certificates of identification. That is not sufficient. 

Mr. SCOTT. Yes, sir. 

l\Ir. UORROW. One of the difficulties and chief cauF:es of complaint in California is not now :in regard to these certificates of identification. The treaty of November 17, 1830, provided that any Chinaman in th"e United States at that time should have the right to come and go of his own free will and accord. Now, if there had been a bill 

upon the statute-books at that date, providing for the identification of 

such persons as were then within the limits of the United States and 

those who should 'tfiereafter depart, the e.vils we now complam of 

would not have occurred; but it was not until"tbe 6th day of May, 

1882, that a law was placed on the statute-books providing for the 

identification ofthose who should thereafter depart. But between the date of the treaty of November 17, 1880, and the 

enactment of the law of 1\fay 6, 1882, some twelve th<»>Sand Chinamen 

departed without certificates of identification. Under the d-ecision of 

the Supreme Court of the United States any person who so departed was entitled to the privilege of returning on furnishing mere parole 

testimony that he was here when the treaty -went into effect. Now, 

under that decisio~ they are coming into San Francisco and other parts 

of the country upon producing mere parole testimony that they were here at the date of the treaty of 1880. The gentleman will see that if 

the bill does not guard against the evils we are encountering in this 

respect, it ought to be amended so as to provide to meet that difficulty. 

It should provide against the admission of those people who are com- ing here on the claim thab they were here at the time of the treaty of 

1880. What we want, therefore, is to provide, to-day if you. please, 

by a bill in proper form, e:ffecti vely against the comin!! of all Chinamen 

who left the United States prior to the 6th day of May, 1882, and declare positively that they shall not be entitled to return. That would remove the objection"! am now making and remedy the difficulties un- der which we are now laboring. 

1\fr. SCOTT. Mr. Speaker, if the statement made by the gentleman 

from California is correct as to the phraseology of this bill ihe re.'l.ding 

of it will show the House whether it meets the point or not. If it does 

not meet the point it can readily be amended, but !think it does. The 

amendment which he proposes or suggests would be right and proper 

if it is not already embodied in the bill; but I do not see, sir, why the 

amendment could not be with great propriety put upon the bill now 

aswellasbytheintroductionofaseparate bill thisaftemoon. And therefore, if the gentleman has such an amendment to offer in the line in 

which be speaks, I am very sure that this side of the House will readily acquiesce in accepting it. But for the info:Fmation of the House I 

ask that the bill be again reported, reserving the right to the floor. 

The SPEAKER. The bill will be again read. The bill was read at length. 

Mr. McMILLIN. That covers the whole ground. 

l\1r. HATCH. Very fully. 

Mr. SCOTT. I think the gentleman will observe that the first sec- tion clearly provides for the difficulties about which he has been speaking, and as the bill is complete in that respect, I mo\e the previous ques- tion upon its engrossment and third reading. 

Mr. MORROW. The reason that I made the suggestion I did about an amendment was because my attention was distracted when the first 

section of the bill was being read, and I did not really know until I 

heard the second ancl third sections read what the bill was abou.t. I 

find now that it covers the point I made and I favor the bill. 1\fr. BLAND. There bas been great complaint about Chinese coming across the border from the British possessions! I would like to ask 

whether any provision is made as to that? 

1\fr. SCOTT. This covers the whole field. 

Mr. MORROW. This does not protect us against in:u:rllgrationfrom 

the British possessions. 

l\fr. McSHANE. O.h, yes. 

Mr. SCOTT. It does very fully. 

l\Ir. DUNN. The bill seems to be very carefully drawn to cover the 

whole ground. 

The previous question was ordered, under the operation of which the ·bill was ordered to be engrossed and read no third time; and being engrossed, it was accordingly read the third time, and passed. 

l\Ir. SCOTT moved to reconsider the vote by which the bill was passed; 

and also mo\ed that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

Mr. LAIRD. Regular order. 

The SPEAKER. The regular order is, demanded. 

ED~ J. GODFREY. I 

The SPEAKER laid before the House the following message from tho 

President of the United States; which was read, and, with the accom- panying bill, referred totheCommitteeoninvalidPensions, and ordered 

to be printed: 

To the House of &presentatives: 

I rt;turn wilh?ut approval House bill No. 9363, entitled "An act granting a. pens10n to Edwm J. Godfrey." The beneficiary named in this bill enlisted on the 27th day of May, 1861, in a New Hampshire regiment, ahd less than three months thereafter was discharged on a. ~urgeon's.certificate of his disability occasioned by" disease of hea.rt existing prwr to enllStment." In 1881, twenty years after dlsch:uge the beneficiary applied to the Pension Bureau for a pension, a.ud alleged that~ disease of the heart was the result of 

faUgue and overheating at Bull Run, Va., July 21,1861. If the heart disease of which the discharged soldier complained in 1861, and which the claimant of a pension in 1881 alleged still continued, could have been caused by fatigue nnd overheating in the only battle of his brief service, it seems to me that its manifestations and symptoms a month afterwards could not have been mistaken for such as belonged t.o a much longer continuance ot the djsease. 

I am fully satisfied that t.he surgeon was not mistaken who made the cer- tificate upon which the beneficiary was discharged, and thathismilitaryserviea is not properly chargeable with any disability he may have incurred. GROVER CLEVELAND. 

EXEClJTIVD MANSION, September 1, 1888. 

JOHNS. BRYANT. 

The SPEAKER also laid before the House the following message 

from the President of the United Stat-es; which was read, and, with the 

accompanying bill, referred to the Commjttee on Invalid Pensions, and 

ordered to be printed: 

To the House of Representatives: 

I return without approval House bill No. 5155, entitled "An act granting a pen- sion to JohnS. Bryant." The man for whom this pension is proposed never, so far as I can learn, did a. single day's actual m.ilitary"service at the front, nor ever left, in such service, the State In which he was enlisted. He enlisted December 7. 1863, in a ~ine regiment; on the 16th day of the same month he is marked as a. deserter, having failed to report after leave of absence; December 31, 1863, be is reported sick in hospital at Augusta., Me.; 

January 26, 1864, he is marked as having deserted from Camp Keyes, at Au- gusta, Me. He was discharged January 14,1865, for disability occasioned, as the surgeon's certificate declares, ''by a fall from a wagon while at home on a. furlough, De- cember 22,1863." The certificate continues as follows: "Never has done a day's duty-is utterly worthless and unfit for the Veteran Reserve Corps.'' After his discharge the second charge of desertion was removed, and the first 

charge does not seem to be serious. But he was injured while home on a fnrlough, his regiment still being in camp within the State of his residence; and although there are cases in which it seems not improper that pensions should be granted for injuries sustained dur- ing furlough and before actual r&urn to duty, this does not appear to me to be one of them. GROVER CLEVELAND. EXE<XTIVE liiA~sro~, September 1, 1888. 

LEAVE OF .ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. STEELE, from Wednesday next, indefinitely, on account of 

important business. 

To Mr. LEHLBACH, indefinitely, on account of death in ·his family. 

I 
" · 

-I 

CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 3, 

D. w. BOUTWELL. lands to the State of Kansas forthe benefitofagriculture and the meclta.nic arts, 

Mr. RYAN. I ask that the bill (H. R. 2253) for the relief of D. W. or issue scrip in lieu thereof. 

Boutwell be recommitted to the Committee on War Claims. ORDER OF BUSINESS. . ~ 

There was no objection, and it was so ordered. :M:r. O'NEILL, of Missouri. Mr. Speaker, I rise to a parliamentary 

ORDER OF BUSINESS. . inquiry. 

The SPEAKER. The regular order is called for. This being Mon- I r.rhe SPEAKER. The gentleman will_state it. 

day, the regular order is the call of States and Territories for the intro- Ur. O'NEILL, of Missouri. One of the pending motions to suspend 

dnction of bills and resolutions for reference. the rnles, as I understand it, is the motion of the gentleman from MisCOTTON BAGGING, ETC. souri [Mr. W ABNER] in regard to the Oklahoma. bill. Is the other the 

Mr. WHEELER introduced a bill (H. R. 11337) placing cotton bag- unfinished business from the Committee on Military Affairs? 

ging and other materials suitable for baling cotton on the free-list; The SPEAKER. The Chair will state the situation of the business 

which was read a first and second time, referred to the Committee on of the House ip that respect. Some time ago, the Chair thinks on the 

Ways and Means, and ordered to be printed. third Monday in July, tbegentlemanfromillinois [Mr. TOWNSHEND], 

from the Committee on Military Affairs, moved to suspend the rules - BRIDGE ACRQSS COOSA RIVER. 

Mr. FORNEY intropuced a bill (H. R. 11338) authorizing the con- struction of a bridge across the Coosa River at Gadsden, in the State of 

Alabama. 

Mr. BLA.ND. Let the bill be read. 

The CJerk proceeded to read the bill. 

and pass a bill in relation to the celebration at Gettysburgh, and upon 

the question of ordering a second no quorum voted. Nothing further was done on that day. On next suspension day that matter would 

have been pending, but the gentleman from Illinois did not call it up. 

Mr. O'NEILL, of Missouri (interrupting the reading). 

the further reading of the bill be dispensed with. 

1 There was no objection, and it was so ordered. 

The bill was read a first and second time, referred to 

tee on Commerce, and ordered to be printed. 

The Chair supposed it was abandoned and recognized _the gentleman 

from Missouri [Mr. WARNER], who made a motion to suspend the 

I- ask that rules to fix a day for the Oklahoma bill, and upon further demand for 

a second no quorum appeared, and that went over. On the next sus- pension day the Chair recognized the gentleman from Missouri to COID:-

t-he Commit- plete consideration of the pending motion. Thereupon the gentleman 

TRUSTS. 

Mr. NEWTON introduced a bill (H. R. 11339) for the punishment 

of persons connected with trusts; which was read a :first and seccmd 

time, referred to the Committee on the Judiciary, and ordered to be 

printed. 

COllll\!ERCE. 

Mr. LA.illD submitted a r.esolution fixing a day for the consideration 

ot House bill 3404, being a bill to amend an act entitled "An act to 

regulate commerce;" approved February 4, 1887; which was referred 

to the Committee on Rules. 

NEW LIBRARY BUILDING. 

Mr. KELLEY submitted the following resolution: 

Resolved, That the special committee engaged in investigating the construe- . tion of the new Library building be directed to inquire and report whether any member of the House, acting by or for himself or in concert or combination with 

others, has sought by persuasion, intimidation, or other corrupt or improper means to influence or control the action of Mr. J. L. Smithmeyer, architect of said 

building, in the selection, acceptance, or approval of inferior and improper ma- terial to be used in the construction of said building. 

The SPEAKER. The resolution will be referred to the Committee 

on the Library. 

Mr. KELLEY. The special committee investigating--

The SPEAKER. This resolution can only be offered now for refer- ence. The Chair will state to the gentleman from Pennsylvania that 

in the opinion of the Chair this is a privileged resolution and can be 

offered at any other time for immediate consideration; but if offered now it will go to the Committee on the Library. 

Mr. KELLEY. Then I withdraw it for the present. 

illHTED STATES CIRCUIT COURTS AT SOUTH BEND, IND. 

Mr. SHIVELY introduced a bill (H. R. 11340) providing for the 

holding of United States circuit courts at South Bend, Ind.; which was 

read a first and second time, referred to the Committee on the Judiciary, 

and ordered to be printed. 

CHIEF AND ASSISTANT CHIEF BUREAU OF EXGRAVING AND PRINTING. 

Mr. FORA.N introduGea a bill (H. R. 11341) to define the qualifications of the chief and assistant chief of the Bureau of Engraving and 

Printing; which was read a first and second time, referred to the Committee on Reform in the Civil Service, and Qrdered to be printed. 

LIGHT-HOUSE AT POINT ISABEL, TEXAS. 

l\ir. CRAIN introduced a bill (H. R. 11342) providing for thereestablishment of thelight-bouseat Point Isabel, Texas; which was read a first and second time, referred to the Committee on Commerce, and 

ordered to be printed. 

TRUSTS. 

Mr. ANDERSON, of Iowa, by unanimous GOnsent, introduced a~ bill 

(H. R. 11343} defining trusts to be an unlawful conspiracy, and to p:J;ovide for the punishment of persons connected with them and carrying 

them on, and for other purposes; which was read a. first and second 

time, referred to the Committee on the Judiciary, and ordered to be 

printed. 

Mr. CRISP~ I ask to suspend the rnles--

Tbe SPEAKER. There are two motions to suspend the rules now 

pending. · 

- Mr. SPRINGER. I call for the regular order. 

ENROLLED BILL SIGNED. 

Mr. KILGORE, from the Committee on Enrolled Bills, reported that 

they had examined and found dul~ enrolled a joint resolution of tlw 

following title; when the Speaker signed the same: 

Joint resolution (H. Res. H) to authorize the Secretary of the Interior to certify 

from illinois rose and stated that he desired to withdraw his former 

motion and substitute another bill- for it; and that being committee 

day it was recognized by the Chair, who stated to the gentleman from 

Missouri that it had preference, and thereupon the gentleman from 

Missouri [1\fr. WARNER] temporarily withdrew his motion and a sec- ond was ordered on that motion to suspend the rules and pass the bill, 

but no quorum voted. That is the situation of the business now. Mr. SPRINGER. Was a second ordered? 

The SPEAKER. A second was ordered on the motion made by the 

gentleman from Illinois. 

Mr. PAYSON. The pending motion, then, with reference to the bill 

presented by the gentleman from Missouri [Mr. WARNER] is to :fix a day for the consideration of the bill? 

The SPEAKER. But that motion is not now before the Honse, be- cause the gentleman yielded. 

Ur. PAYSON. But that is the scope of the motion. 

DETAILS OF ARMY AND NAVY OFFICERS TO EDUCATIO~AL INSTITUTIONS. 

The SPEAKER. Yes, w ben it is reached. The question now is npon 

the motion made by the gentleman from Illinois [Mr. TOWNSHEND] 

to suspend the rules and pass the hill the title of which will be read. 

A MEl\fBER. The gentleman from lllinois [Mr. TOWNSHEND] is not 

in the Honse at this moment. . Mr. HOOKER. I call up the motion. 

The SPEAKER. The motion is pending and a second has been or- dered upon it. 

Mr. McMILLIN. I ask unanimous consent to have the bill read 

again. · . 

The SPEAKER. ·If there be no objection the bill will be again read. 

The Chair understands that as the motion was made it applies to a Senate bill with Honse amendments incorporated in it. 

Mr. TOWNSHEND. The bill which was under consideration the 

other day and vpon which the vote was being taken is a Senate bill 

with amendments which bad been previously adopted in the Honse. 

The SPEAKER. The Chair so understands, and be will cause the 

bill to be read with the amendments incorporated in it. 

The bill was again read. 

The SPEAKER. The question is on the motio:J?. of the gentleman 

from Tilinois [Mr. TowNSHEND] to suspend the rules and pass this 

bill. 

· Mr. BLAND. Is debate in order on that motion? 

The SPEAKER. Debate is exhausted, and the demand for the yeas 

and nays has been refused. 

Mr. KILGORE. Was not a second demanded on the motion? 

The SPEAKER. It was, and granted. 

111r. TOWNSHEND. A second was granted, and the bill was debated, and now we come to a direct vote upon suspending the rules and 

passing it. 

Mr. KILGORE. That requires a.· two-thirds vote, I understanu. 

Mr. TOWNSREND. It requires a two-thirds vote, and I hope it 

will receive it. 

Mr. CROUSE. I rise to a. parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Ur. CROUSE. I was not present when this bill was discussed the 

other day, and I wish to inquire whether there will nob be an oppor· 

tunity now to move to amend it? 

The SPEAKER. There will not. 

Several Members. Regular order. 

The- question was taken on the motion of Mr. TOWNSHENE); and 

there were-ayes 82, noes 18. 

Mr. BLAND. No quorum. 
1888. CONGRESSIONAL RECORD=-HOUSE. 8229 

Mr. TOWNSHEND. I ask for the yeas and nays. 

The SPEAKER. The yeas and nays were refu.sed by the House 

when this matter was last under consideration. 

Mr. TOWNSHEND. Is it in order to move to reconsider the vote by 

which the yeas and nays were refused? 

The SPEAKER. It is not. Under the rules that motion must be 

made either on the same day or the succeeding day. The point of no quorum being made, the Chair will appoint to act as tellers the gentleman from Missouri [Mr. BLAND] and the gentleman from illinois 

[Mr. TOWNSHEND]. 

The House divided; and the tellers reported-ayes 110, noes 5. 

Mr. BLAND. No quorum. 

:Mr. O'NEILL, of Missouri. Mr. Speaker, is it in order to move a call of the House? 

The SPEAKER. It is. 

Mr. TOWNSHEND. Do not do that. We shall have a quorum presently. 

Mr. O'NEILL, of Missouri. What is the 'use of having this matter 

obstruct us all day, as it did before? It is not of sufficient importance 

to justify that. Mr. Speaker, I move a call of the House. 

The question was taken on ordering a call of the House; and there 

were-ayes 48, noes 28. 

So the call was ordered. · 

The Clerk proceeded to call the roll, 'Yhen the following members 

answereO. to their names: 

Abbott, Crouse, 

Adams, Culberson, 

Allen, Mich. Davis, 

Anderson, Iowa Dibble, Ande r on, Miss. Dockery, 

Anderson, Ill. Dorsey, 

Anderson, Kans. Dougherty, 

Bacon, Dunn, 

Baker, N.Y. Elliott, 

Baker, lll. Enloe, 

Bankhead, Felton, Ba yne, Foran, Belmont, Forney, Bland, Fre nch, 

Bloun t, Fuller, Bound , Funston, Bowen, Gea r, Breckinddge, Ark. Gest, Brewer, Glass, B1·ower, Green m11.n, 

Brown, Ohio Grimes, B:r.own, J. R., Vo.. Guenther, Bryce, Hall, 

Buchanan, H ar e, Bunnell, Harmer, 

Burnes, H atch, Rm·rows, Haugen, Butler, Hemphill, Campbell, F., N. Y. Henderson, Iowa Campbell,T.J.,N. Y.Henderson, N.C. 

Cannon, Henderson, Ill. 

Carlton, Herbert, 

Caruth, Hermann, 

Casw ell, Hiestand, 

Cat chings, Hires, 

Chipman, Hitt, 

Clements, Hogg, 

Cobb, Holman, 

Compton, Holmes, 

Conger, Hooker, 

Cothran, Jackson, 

Cowles, Johnston,Ind. 

Cox, Kean, 

Crain, Kelley, 

Crisp, Ketcham, 

Kilgore, 

Lafl"oon, La Follette, I~agan, 

Laird, 

Landes, 

Lane, 

Lanham, 

Latham, 

Lind, 

Lyman, 

Macdonald, :Mahoney, 

Ma ish, 

lliansur, 1\Iartin, 

McClammy, 

lllcKenna, 

McMillin, 

McShane, Moffitt, 

Morgan, 

Morrill, 

Morrow, 

Neal, 

Newton, 

Nutting, 

Oates, O'Neall, Ind. 

O'Neill,Pa.. 

O'Neill, Mo. Osborne, 

Outhwaite, 

Parker, 

Payson, 

Peel, 

Penington, 

Perkins, 

Peters, 

Phelan, 

Plumb, 

Post, 

Rice, 

Robertson, 

Rockwell, 

Rorrers 

Ro;eu: 

Rowland, 

Russell, Conn. 

Ryan, 

Sawyer, 

Sayers, 

Scott, 

Scull, 

Seym our, Shaw, 

Shively, 

Smith, 

Snyder, Sowden, 

Springer, 

Steele, 

Stephenson, 

Stewart, Ga.. 

Stone, Ky. 

Stone , Mo. Symes, 

Taulbee, 

Taylor, E. B., Ohio 

Taylor, J.D .. Ohio 

Thomas, Wis. 

Thompson, Ohio 

Thompson, Cal. 

Tracey, 

Townshend, 

Turner, Kans. Vandever, 

Walker, 

Warner, 

Washington, 

Weaver, 

Weber, 

Wheeler, 

White, Ind. 

Whiting, Mich. 

Whitthorne, 

Wilkinson, 

Willia ms, 'Vilson, \Y. Va. Wise. 

The Clerk p1·oceeded to'can therollofabsentees for the presentation 

of excuses. 

The following-named members were absent on leave: 

Biggs, Ermentrout, Hopkins, Va. Blanchn.rd, Finley, Hopkins, N.Y. BynnD1, Fitch, Johnston, N. C. 

Barnes, Ford, Laidlaw, 

Candler, Granger, Lehlbach, 

Clark, Gaines, McRae, 

Cogswell, Grosvenor, Matson, 

Cutcheon, Gallinger, McKinley. 

Cooper, Grout, Owen De Lano, Houk, Pidcock, Dar~an, Hunter, Patton, 

Dav1dson, Fla. Hovey, Randall, 

Rayner, 

Simmons, 

Sherman, 

Stewart, Tex. Stahlnecker, 

Thomas, Ky. 

Turner, Ga. 

Wilber, 

Wilkins. 

_ For the remaining absentees no excuses were offered except in the 

following case: 

Mr. SAYERS. ?t'Ir. Speaker, I have a communication from my colleague [Mr. MooRE] stating that he is quite unwell to-day. I ask 

that he be excused. · 

There being no objection, Mr. MoonE was excused. 

The SPEAKER. On this call 178 members, being more ~han a quorum, have responded. 

Mr. TOWNSHEND. I move that further proceedings under the 

call be dispensed with. 

The motion was agreed to. 

The SPEAKER. The tellers will please resume their places. 

Mr. SOWDEN. I move that the House do now adjourn. 

The SPEA.KEI~ (havmg put the question on the motion to adjourn). 

The noes seem t.o have it. 

1\fr. BLAND. Division. 

The question being again taken, there were-ayes 29, noes 61. 

So the motion to adjonrn was not agreed to. 

The SPEAKER. The tellers will resume their places. Other busi- ness having intervened, the vote will have to be taken over again. 

The question is on suspending the mles and passing the bill which 

has been read at the desk. 

The House again divided; and the tellers reported-ayes 89, noes 6. 

The SPEAKER announced the result of the vote. 

Mr. BLAND. No quorum. 

Mr. FORNEY. I call up for further consideration the conference 

report of the sundry civil appropriation bill. 

Mr. 0 ' NEILL, of Missouri. How can that come up now? 

The SPEAKER. It is a matter of the highest privilege. 

Mr. TOWNSHEND. If the gentleman from Alabama [Mr. FORNEY] 

will wait a few moments I think a quorum will appear. 

M:r. FORNEY. This is one of the regular appropriation bills, and 

I want to have it considered now. The SPEAKER. The gentleman from Alabama [Mr. FoRNEY] insists on his proposition. 

Mr. TOWNSHEND. I rise to a parliamenta~ inquiry. Can the 

question of consideration be raised against this conference report? 

The SPEAKER. It can. The Chair thinks the House has always 

the power to determine whether it will or will not consider any matter. 

Mr. TOWNSHEND. Then I raise the question of consideration. 

The SPEAKER. The g€ntleman from Illinois [Mr. TOWNSHEND] 

raises the question of consideration against the report of the committee 

{){conference on the sundry civil appropriation bill. 

Mr. SPRINGER. I rise to a point of order. As the question was being taken by tellers on the motion of the .gentleman from illinois 

[Mr. TOWNSHEND], and as the point was made that no quorum had 

voted, is it in order to proceed to other business while the tellers are still on the floor and the point of no quorum has not been withdrawn? 

The SPEAKER. But the Chair announced the result. That vote was completed. Although no quomm voted, the House took no further 

proceedings. The gentleman from Alabama [Mr. FORNEY] then rose and called up the conference report. The Chair will state that the last en try on the official record of the House shows the presence of a quorum. 

A quorum simply did not vote on the last proposition. 

Mr. SPRINGER. What is the question? 

The SPEAKER. The Chair was abouttostateit. The question is: 

Will the House proceed to the consideration of the report of the com- mittee of conference on the sundry civil appropriation bill? 

Mr. SPRINGER. I rise to a parliamentary inquiry. This being a day upon which it is in order to move to suspend the rules at an:v time 

after the call of States and Territories, does. not a motion to suspend 

the rules suspend that rule which allows a conference report the privilege of being called up at any time? And is not the motion to suspend the rules before the House until disrosed of? 

The SPEAKER. But the rules have not been suspended. 

Mr. SPRINGER. But this is a motion to suspend the.tnles. 

The SPEAKER. It is in order at this time to makE! a motion to 

suspend the rules, just as it is in order at any time to move to adjourn; 

yet, pending a motion to adjourn, any gentleman could under the rules 

call up a conference report. 

Mr. SPRINGER. But the gentleman from Alabama can not stop 

the House from taking such ·action as it pleases. He can not stop the 

House from adjourning or enforcing its own orders. · 

The SPEAKER. If the House does not adjourn it stops itself from 

adjourning. [Laughter.] It is always within the power of the House 

t.o determine whether or not it will proceed to consider a matter. The 

question is, Will the House now proceed to consider this conference 

report? 

Mr. CANNON. It is evident that nothing will be done by way of a suspension of the rules to-day, and I hope the House will go on with 

the consideration of the conference report and let us dispose of it. 

Mr. SPRINGER. I understand the gentleman from Missouri [Mr. 

WARNER] will be recognized as soon as this is disposed of to move to 

suspend the rules and call np the Oklahoma matter. [Cries of" Reg .. ular order ! ''] 

111r. BLOUNT. Mr. Speaker, is this debate in order? 

The SPEAKER. The first question is, Will the House proceed to 

consider the conference report? 

111r. TOWNSHEND. It is well understood that we do not want to 

go into the consideration of this conference report, because we want to 

t.c<tke up the Oklahoma matter and other matters which can be called up 

to-day under the rules. 

Mr. SPRINGER. I hope all in favor of Oklahoma and of the relief 

of persons using cotton bagging will vote in the negative on the motion 

of the gentleman from Alabama. [Cries of "Regular order!"] 

The question being taken on the motion of Mr. FoRNEY, the House 

divided; and there were-ayes 81, noes 34. 

Mr. SPRINGER. I call for the yeas and nays. 

Mr. O'NEILL, of Missouri. I reserve the point of no quorum. 
8230 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 3, 

The yeas and nays were ordered. 

Mr. BRECKINRIDGE, of Arkansas. I rise to a parliamentary inquiry. The SPEAKER. The gentleman will state it. 

Mr. BRECKINRIDGE, of Arkansas. If we go into the consideration of the conference report does it not make it impossible to take up 

the proposition to give relief to the consumers of cotton bagging to-day? 

The SPEAKER. If the House proceeds to the consideration of this 

report and consumes the entire day, of course no other business will 

be transacted. 

l!Ir. CAl\TNON. Regular order. 

The SPEAKER. The Clerk will call the roll. The Clerk proceeded to call the roll. 

Ur. BRECKINRIDGE, of Arkansas. Mr. Speaker--

The SPEAKER. The Clerk is calling the roll. 

1\Ir. BRECKINRIDGE, of Arkansas. I wishtosubmitanotberques- tion. _ 

Mr. CANNON. Regular order. 

JI.Ir. O'NEILL, of Mipsouri. If this conference reportis ta.ken np it 

will prevent me from calling up the convict-labor bill. 

M1·. SPRINGER. And it will stop the consideration of the Oklahoma. bill and the cotton-bagging bill. · 

M:r. BRECKIN:r.IDGE, of Arkansas. I wish to know the effect of 

the vote--

The SPEAKER. The Chair has already stated that if the House 

proceeds to consider the conference report and it consumes the entire 

remainder of this day, of course no other business can be transacted. 

Mr. SPRINGER. It will consume the entire day. 

J.Ir. TOWNSHEND. I wish to submit a parliamentary inquiry. I 

desire to know if I have not the power to withdraw from consideration 

the bill detailing Army officers to colleges? · . · The SPEAKER. By unanimous consent the gentleman can withdraw the bill. 

Mr. CANNON. Regular order. 

Mr. JOSEPH D. TAYLOR. I object to the withdrawal of the bill. 

The SPEAKER. It does not affect this question in the least in any 

event. 

Tbe question is on the motion of the gentleman from Alabama [Mr. 

FoRNEY] that the House proceed to consider the report of the confer- ence committee on the sundry civil appropriation bill, on which the 

yeas and nays have been ordered; and the Clerk will call the roll. 

The question was taken; and there were-yeas 82, n~ys 84, not voting 158; as follows: · YEAS-82. 

Abbott, Cobb, 

Adams, Cothran, 

Allen, Mic-h. Crain, 

Anderson, .Miss. Crisp, 

Bacon, Culberson, Bankhead, Elliott, 

Bland, Felton, 

Blount, Foran, 

Bowen, Forney, Brow n, Ohio Gear, 

Brown, J. R., Va. Glass, 

Bryce, Greenman, 

Bw·nes, # Hall, 

Burrows, Hare, Butler, Hangen. . Campbell, F., N.Y. Hemphill, 

Campbell, T .J.,N. Y. Hermann, Cannon, Hiestand, Carlton, Hires, 

Caswell, Hitt, Clements, Hogg, 

Holman, 

Hooker, 

Jackson, 

Kelley, 

Ketcham, 

Lafl"oon, 

La Follette, 

Lagan, 

Lane, 

Lyman, 

Martin, 

Mc-:'!Iillin, 

Neal, 

Newton, 

Oates, O'Neall, Ind. Payson, Penington, 

Rice, 

Rowell, 

Sawyer, 

NAYB-81. 

.Anderson, Iowa D unn , Anderson, Til. Enloe, .Anderson, Kans. Fuller, 

Baker, m Fnnston, 

Bayne, Gibson, 

Bingham, Harmer, Bliss, Henderson, Iowa Bound, Henderson, N.C. Breckiru:idge, Ark. Herbert, 

Brewer, Holmes, 

Buchanan, Hutton, 

Bunnell, Johnston, Ind. 

Caruth, Keun, 

Compton, Kilgore, 

Conger, Laird, 

Cowles, L andes, 

Cox, Lanham, 

Crouse, Latham, 

Dockery, Lind. Dorsey, Macdonald, 

Dougherty, 1\Iahoney, 

Maish, 

:Mansur, 

McCiammy, 

McShane, 

Moffitt, 

:Morrow, 

Nichols, 

Nutting, 

O'Neill, Pa. O'Neill, 1\Io. Osbo.rne. 

Outhwaite, 

Parker, 

Peel, 

Perkins, 

Peters, 

Phelan, 

Plumb, 

Post. 

Robertson, 

Rogers, 

NOT VOTING-158. 

Allen, Mass. 

.Allen, Miss. Arnold, 

.Atkinson, 

Baker,N. Y. Barnes, 

Barry, 

Belden, 

Belmont, 

Bigi>-s, 

Blanchard, Burnett, 

Boothman, Butterworth, 

Boutelle, Bynum. 

Bowden, Campbell, Ohio Breck:inridge, Ky. Candler, 

Brower, Catchings, Browne,T. H.B.,Va.Cheadle, 

Browne, Ind. Chipmn.n, 

BrliiDm, Clardy, Buckalew, Clark, 

Scott, 

Seymour, 

Shaw, 

Snyder, 

Sowden, 

Steele, 

Steuart, Ga. Stone, Ky. Taylor, E . B., Ohio Taylor, J. D., Ohio Tra-eey, 

w·alker. 

Washington, 

Weber, Wheeler, White, Ind. Wilkinson, 

Wilson, W . Va. Wise . . 

Rowland, 

Rnssell, Conn. Ryan, 

Sayers, 

Scull, 

Shively, 

Smith, 

Springer, 

Stone, Mo. Symes, 

Taulbee, 

Thomas,Wi!:. 

Thompson, Cal. Townshend, 

Turner, Kans. Vandever, 

Warner, 

Weaver, 

Whitthome, 

Williams, Yoder. 

Cockran, 

Cogswell, 

Collins, 

Cooper, 

Cummings, 

Co.tcheon, 

Dalzell, 

Dargan, 

Darlington, 

Davenport, 

Davidson, Ala. Henderson, Ill. McKinney, Davidson, Fla. Hopkins, lll. McRae, 

Davis, Hopkins, Va. Merriman, 

DeLano, Hopkins, N.Y. Milliken, 

Dibble, Houk Mills, 

Dingley, Hovey, Montgomery, 

Dunham, Howard, Moore, 

Ermentrout, Hudd, , Morgan. - Farquhar, Hunter, Morrill, 

Finley, Johnston, N.C. Morse, 

Fisher, Jones, Nelson, 

Fitch, Kennedy, Norwood, 

Flood, Kerr, O'Donnell, 

Ford, Laidlaw, O'Ferrall, 

French, Lawler, Owen, Gaines. Lee, - Patton, 

Gallinger, Lehlbach, Perry, 

Gay, Lodge, Phelps, 

Gest, Long, Pidcock, 

Glover, Lynch, PugRley, 

Goff, Maffett, Randall, 

Granger, JI.Iason, Rayner, Grimes, JI.Iatson, Reed, 

Grosvenor, JI.IcAdoe, Richardson, Grout. McComas, RockweU, 

Guenther, McCormick, Romeis, 

Hatch, McCreary, Russell, Mass. Hayden, McCullogh, Rusk, 

Hayes, :1\IcKenna, Seney, 

Heard, McKinley, Sherman, 

Simmons, 

Spinola, 

Spooner, 

Stahlnecker, 

Stephenson, 

Stewart, Tex. • Stewart, Vt. Stockdale, 

StTuble, 

Tarsney, 

Thomas, Ky. Thomas, lll. Thompson, Ohio Tillman, 

Tnrner, Ga. Vance, 

Wade, 

West, 

White,N. Y. Whiting, Mich. Whiting, Mass. 

Wickham, 

Wilber, 

Wilkins, 

Wilson, Minn. 'Voodburn, 

Yardley, 

Yost. 

So the House refused to consider the conference report. Mr. BAKER, of New York. I am paired with Mr. BARNES, and de~ 

sire to withdraw mv vote. 

1\fr. HATCH. I·am paired with the gentleman from Vermont [Mr. STEWART], and voted to ma.ke a quorum. I withdraw my vote. Mr. JACKSON. I ask unanimous consent that the reading of the 

names be dispensed with. _ Mr. SPRINGER. There have been so many changes I think the roll 

bad better be recapitulated. Mr. MORGAN. I have voted to make a quorum. If a quorum baa 

voted I desire to withdraw my vote. 

The following pairs were announced: 

Until further notice: 

Mr. RANDALL with Mr. DINGLEY. 

Jlfr. STOCKDALE with 1\ir. CLARK. 1\Ir. MERRIMAN with Mr. FARQUHAR. 

Mr. SDIMONS with Mr. THOJ\IAS H. B. BROWNE. 1fr. FISHER with Mr. LERLBACH. Mr. JOHNSTON, of North Carolina, with Mr. YARDLEY. 

Mr. DAVIDSO:N, ofFlorida, with Mr. GALLINGER. Mr. WILKINS with Mr. LO:NG. 

1tir. HATCH with Mr. STEWART, of Vermont. 

l'tlr. GREENMAN with Mr. SHEBMAN. 

:r.Ir. RuSK with Mr. O'DON"NELL. 

Mr. RAYNER with Mr. GROSVENOR. 

Mr. STAHLNECKER with Mr. WICKHAM. 

Mr. HOPKINS, of Virginia, with Mr. LAIDLA. W. 

Mr. RICHARDSON with Mr. CHEADLE. 

Mr. DAVIDSON, of Alabama, with Mr. PATTON. Mr. SNYDER with Mr. YOST. 

Mr. BAR~rxs with Mr. BAKER, of New York. 

Mr. ERMENTROUT with 1\Ir. GROUT. Mr. FORD with Mr. GUENTHER. Mr. GLOVER with 1\'Ir. PUGSLEY. 

Mr. McADOO with Mr. COOPER. 

Mr. UATSO:N with Mr. HOVEY, from August 28 to September la, 

inclusive. 

Mr. OUTHWAITE with Mr. MCKINLEY. Mr. McRAE with Mr. KERR. 1\Ir. BOUTELLE with !Ir. WISE. Mr. DARGAN with 1\lr. WEST. 

Mr. STEW ART, of J'exas, with Ur. DlTh""JTAl\I. 1\11:. CLARDY with Mr. WADE. 

Mr. PERRY with Mr. SPOONER. ·Mr. COLLINS with :Mr. ALLEN, of Massachusetts. 

Mr. O'FERRALL with M:r. MASON. Mr. CoMPTON with Mr. GOFF. 

Mr. BIGGS with Mr. MORROW. 

Mr. BELl\IO:NT wlth Mr. 1JA VENPORT.. 

Mr. CANDLER with Mr. FINLEY. 

Mr. GRANGER with Mr. ROCKWELL. 

Mr. BLAN"CHARD with Mr. THOMAS, of illinois. 

Mr. MONTGOl\IERY with Mr. HUNTER. 

1tfr. MORSE with Ur. WHITING, of Massachusetts. 

l\ir. TURNER, of Georgia, with Ur. REED. 

Jtilr. HOWARD with Mr. HOPKINS, of illinois. 

Mr. TIMOTHY J. CAMPBELL with Mr. BOWDEN. 

Mr. CUTCHEON with Mr. TARSN:EY. 1\Ir. HUDD with 1\Ir. ARNOLD. 

Mr. TILLMAN with Mr. HoPKI -s, of New York. 

Mr. BuCKALEW with Mr. BAY ~E, on all political questions. Mr. DARLINGTON with Mr. MOORE. 

Mr. PIDCOCK with Mr. PHELPS. 
1888. CONGRESSIONAL RECORD-HOUSEo 8231 

Mr. RUSSELL, of Massachusetts, with :Mr. COGSWELL. 

1\Ir. MORGAN with Mr. MILLIKEN. 

Mr. WHITISG, of .Michigan, with Mr. Houx:. 

Mr. LAWLER with Mr. DE LANO. 

1\Ir. CAMPBELL, of Ohio, with Mr. KENNEDY. 

Mr. McKINNEY with J\Ir. BOOTHMAN. _ Mr. WILSON, of Iowa, with :Mr. M:cCoXAS. 

Mr. MILLS with Ur. EZRA B. TAYLOR. 

Mr. BYNUM with M:r. OWE..~. 

Mr. HAYES with Mr. FELTON. 

• Mr. GAY with Mr. MORRILL. 

Mr. JONES with Mr. CROUSE. 

Mr. BLOUNT with Mr. PETERS, upon the Oklahoma bill, until further notice. If present, 1\Ir. PETERS would vote for the bill and lti.r. 

BLOUNT would vote against it. 

!tit·. SENEY with Mr. ROMEIS, until Tuesday. 

Mr. O'FERRALL with b1r. WASHINGTON. 

Mr. R0~1EIS. I notice that I am paired with Mr. SENEY. I therefore withdraw my vote. 

The result of the vote was then announced as above stated. 

The SPEAKER. The tellers will resume their places. 

Mr. TOWNSHEND. It is evident there is a determination todefea.t 

this bill by reason of no quorum, and I therefore ask the consent of the 

House that the bill be laid aside for the present, in order that other meas ures may be taken up. 

Mr. HOOPER I object. 

The tellers resnmed their places. 

!tit". BLAND. The right way is to defeat this bill. 

M r. SPRINGER. Mr. Speaker, I ask if there has to be anew vote? 

The SPEAKER. Other business bas intervened, and the vote will 

have to be taken anew. 

The House again divided; and the tellers reported-ayes 71, noes 7. 

Mr. BLAND. No quomm. 

Mr. OUTHW .AITE. .As it seems impossible to get a quorum, I ask 

unanimous consent to take up the conference report on the sundry civil 

bill at this time. 

Mr. MORGAN. I object. 

Mr. STONE, of Kentucky. I think it i.."' very evident that we are 

not going to do anything to-day; and, therefore, I movethatthcHouse 

O.o now adjon rn. 

The question was put, ~nd the Chair announced that the ayes seemed 

to h ave it. 

Mr. WE.A VER. I call for a division. 

- Mr. STONE, of Kentucky. I withdraw tlie motion to adjourn for 

the present. 

The SPEAKER. The regular order is demanded, and the tellers 

will resume their places. 

.After the count bad proceeded for some time, 

Mr. OUTH WAITE said: I n order to give opportunity 1br the consideration of other business, I ask unanimous consent to withdraw this 

bill. . . 

Mr. CHEADLE. I object. 

Mr. SPRINGER. I hope the gentleman will withdraw his objection. 

1\Ir. CHEADLE. I will not withdraw the objection. 

After further count the tellers announced-ayes 148, noes 16. 

So (two-thirds voting in the affirmative) the bill was passed. 

OKLAHOMA. 

The SPEAKER JJro temp<Jre (Mr. McMILLIN in the chair). There 

is an unfinished order, which js the ·motion of the gentleman from Missouri [Mr. W A.RNER], which the Clerk will :report-. That will have to 

be disposed of and nothing can be taken up except matters that will 

take precedence of it, bec.·1.use there can not be two motions to suspend 

the rules pending at the same time. 

Mr. DUNN. Can the gentleman from Missouri waive that temporarily in fuvor of another matter? . 

Ti:e SPEAKER pro tempore. Only by unanimous consent. 

M r. KEAN. I call for the regular order. 

Th ~ SPEAKER pro temp01·e. The regular order is demanded by the 

gentleman from New Jersey on the left [:Mr. KEAN]. That is equivale~t to an o~jection to laying it aside temporarily, and the Clerk will 

report the unfinished business. 

Mr. WARNER. I desire to make a parliamentary inquiry. Could 

I by unanimous consent withdraw that temporarily? 

Mr. CANNON. The gentleman can not get unanimous consent. 

Mr. W .ARNER. I am asking the Chair as to my right. 

The SPEAKER pro temp ore. It can be laid aside temporarily with 

the right to be again taken up after other business only by unanimous 

consent, and the demand for the regular order operates as an objection. 

Mr. BLOUNT. Mr. Speaker, does that come up of itself, without 

nny motion? 

The SPEAKER pro tempore. The Chair thinks it does. The Chair was informed by the Speaker, who was occupying the chair when this matter was up before, that it was unfinished business, and that it would 

C{)mc up as such. 

:Mr. BLOUNT. But oftentimes unfinished business does not come 

up beca.use no motion is made to take it up. 

The SPEAKER p1·o tempore. But the regular order is demanded, 

and the regular order on this day is that motion, which comes over as 

unfinished business. 

Mr. PAYSON. When the Chair says "that motion" he refers to 

the motion made on a prior day by the gentleman from Missouri [Mr. WARNER l to set a day for the consideration of the Oklahoma bill. 

The SPEAKER pro tempore. That is the motion to which the Chair 

refeJ;S. 

Mr. W .ARNER. Mr. Speaker, the motion that I made upon the last 

suspension day not having been seconded, I desire now to modify it by 

offering the bill which I send to the desk and moving to suspend the 

rules and put it upon its passage. 

The SPEAKER pro tempo1·e. It will be read. 

Mr. HOOKER. I reserve the right to object. 

The SPEAKER pro tempore. The Clerk will report first the unfinished business, after which the Chair will recognize the gentleman from 

Missouri to make such motion as may be in order. 

Mr. W .ARNER. I was about to state, in order to save the time which 

would be consumed in reading the entire bill, that the measure which 

I have sent to the desk is the bill (H. R.. 10614) for the organization or 

the Territory of Oklahoma, with such amendments as have been agreed 

to in Committee of the Whole andsome_otheramendments which! can 

explain in a moment. 

The SPEAKER pro tempm·e. The gentleman from Missouri [1\I.r .. WARNER] is entitled to the floor in charge of his motion to suspend 

th~ rules made on a former day, and is reeognized to control it. 

1\-I.r. SPRINGER. I rise to a parliamentary inquiry. 

The SPEAKER pro ternp01·e. The gentleman will state it. 

1\Ir. SPRINGER. The Speaker of the House, when this matter was 

up before, two weeks ngo, held that the proposition, not having been 

seconded, the mover had the right to modify it so as to meet therequirements of the situation. It was moved four weeks ago to-day as 

an individual suspension, firing a day two or three days thereafter for 

the consideration of this bill. When the next suspension day was 

reached the day named in the :first resolution had passed, and the Speaker 

held that the gentleman from Missouri could modify his motion, which 

he did at that time, so as to fix a different day; which was a different 

motion entirely. Before this matter came up I consulted with the 

Speaker as to the right of the gentleman from Missouri to modifY his 

motion, and the Speaker stated that the gentleman had a right to do 

so, no second having been ordered. 

1\I.r. HOOKER. Mr. SpeakerThe SPEAKER pro tempore. The Chair will state in reply to the 

gentleman from illinois [M:r. SPRINGER] that the original proposition 

of the gentleman from Missouri [Mr. W AR~ER] was not, as the Chair 

is informed, a proposition to pass a bill to organize the Territory of 

Oklahoma, but was a proposition to fix a day for the consideration of 

a bill for that purpose. Now, ifthe Chair understands the gentleman 

from :Missouri correctly, he makes a proposition not to fix a day, but 

to organize the Territory, which is an entirely different proposition. 

Mr. SPRINGER. The Chair holds, then, that he could not recognize the gentleman to move anything that would be in order as an independent proposition ? 

The SPEAKER pro tempo1·e. If the gentleman from Missouri were 

to withdraw his proposition, the Chair thinks he would have the right 

to do that, but at the same time if another gentleman had sought and 

obtained the floor for a different purpose and obtained it after the withdrawal of the gentleman from l\Iissouri and the Chair recognized the 

right of the gentleman t.o proceed with the order which took prece- dence, be might lose his right. -

Mr. SPRINGER. T~ orderpassed two weeks ago would be utterly 

inoperative and worthless, because it fixed a day which has alreauy 

passed. 

Mr. PHELAN. I rise to a parliamentary inquiry in that connection. 

The SPEAKER pro tempore. The gentleman will state it. 

Mr. PHELAN. Is it necessary therefore for the gentleman from 

Missouri to have unanimous consent for the purpose of moving the 

original resolution? · 

The SPEAKER pro tempore. The Chair thinks it would not require 

unanimous consent for .the purpose indicated by the gentleman from 

TennesSee. 

1\{r. C.ANNO~. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

l\1r. CANNON. ?tfy colleague from illinois [Mr. SPRINGER] on the 

Democratic side has just had a resolution voted upon. Now, as recognitions go, a recognition is due on this side, and why not let the gentleman from Missouri [!\I.r. WABNER] modify his proposition and offer 

it as an original proposition? 

The SPEAKER pro temp01·e. The Chair will decide the question of 

recognitions as they rise after there is a. right to recognize; not before. 

.Mr. W .ARNER. I wish simply to make this statement. Four weeks 

ago to-day I was recognized to propose a resolution fixing a day for the 
8232 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 8, 

consideration of the bill for the organi'zation of the Territory of Oklahoma, and for other purposes. That came over as unfinished business 

to the last suspension day. 

The days named in the resolution I first offered had passed, and upon 

asking the Speaker of the House whether the resolution was within my 

control for modification, the ruling of the Chair, according to my very 

clear remembrance, was that the resolution not having been seconded, 

it was within my power to modify it in such way as I saw proper, so long as the modification related to the same general subject-matter and was germane to the original resolution. [At this point the Speaker resumed the chair.] Now I seek to so modify the resolution that instead of fixing a day in the future upon which a vote shall be taken on the bill organizing the Territory of Oklahoma, this daJI shall be fixed 

and the bill shall be put on its passage. This modification relates to 

the same subject-matter as the resolution, but instead of fixing a day 

in the future when the vote shall be taken the substitute I now offer 

proposes to fix to-day as the time for action on the bill. I submit that 

this seems to be within the ruling of the Chair. 

:M:r. PAYSON. Ur. Speaker, it seems to me that the proposition as now stn.ted by the gentleman from l\iissouri [Mr. W .A.RNERj is an en- tirely different one in principle from that which was involved in the 

resolution of two weeks ago. The proposition then, as I now recollect, was to set a future day for the consideration of the bill' providing for 

opening the Territory of Oklahoma. If such a time were fixed, the 

bill under the rules would be subject to the ordinary methods of con- sideration; it would open to amendment and full discussion and all 

that sort of thing. I need not go over details which the Speaker and 

members of the House understand as well as I do. But the pending 

proposal of the gentleman is not to set a day for the full consideration 

of an important bill, but to pass now under a suspension of the rules, 

with fifteen minutes' debate on each &ide, a certain bill which he presents with certain amendments which he and his colleagues on the 

committeehave appended to it. Now, speaking for myself, I have some half dozen amendments which I propose to offer to that bill when it 

shall be considered in regular order. I know of other gentlemen here 

who are in a like situation. It strikes me that the gentleman from 

Missouri presents now a proposition very different in principle from 

that which was embraced in the scope of the resolution which comes up as unfinished business under the demand for the regular order. 

Mr. HOOKER. 1\:Ir. Speaker, the proposition which the gentleman 

from Missouri made on the 6th of August was a different proposition 

from that which he now submits. It is printed in the RECORD of August 7, and I send it to the desk to be read in order to show, first, that 

it is entirely different, and second, that as a matter of unfinished busi- ness it can not come over at all for the simple reason that the time then 

proposed to be :fixed for the consideration of' the bill and of certain pending amendments which were to be offered was embodied in the resolution aud has now passed. I ask the Clerk to read the resolution, to be 

found in the proceedings of August 6. 

The Clerk read as follows: 

Resolved, That Thursday next, immediately after the readin{!' of the Journal, the House proceed to the consideration 'of the bill (H. R. 10614) to organize the Territory of Oklahoma, and for other purposes; that the Committee of the Whole House be discharged from the furthet· consideration of the bill; that the amendments adopted in Committee of the Whole be agreed to; and that other amendments not exceeding three in number and one amendment in the nature of a substitute may be offered to the bill, after which the vote shall be taken on such amendments, and then on the engrossment and third reading of the bill and the final passage thereof, without debate or other intervening motion or business. 

l\1r. HOOKER. Upon the reading of that resolution the following 

proceedings, ttS exhibited in the RECORD, occurred: 

The SPEAKER. Is a second demanded? Mr. BARNES, Mr. HOOKER, and others demanded a second. Mr. SPRINGER. I ask unanimous consent that a second may be considered as 

ordered. 

Mr. BARl\CES. I object. 

MESSAGE FROli THE PRESIDENT. 

A message from the President of the United States, in writing, was delivered to the House by Mr. PRUDEN, one of his secretaries. 

PROPOSED TERRITORY OF OKLAHOMA. 

The SPEAKitR. A second is demanded. aud the Chair will appoint as tellers the gentleman from "Missouri, 1\Ir. WARNER, and t-he gentleman from Georgia, Mr. BARNES. Mr. PAYSON. I would like to have the resolution again reported. The resolution was again read. 1\Jr. PAYSON. I rise to a. parliruDfmtary inquiry. • The SPEAKER. The gentleman 'will state it. Mr. PAYSON. How would this resolution, if adopted, affect a pending amend- ment which Wl\S introduced and undisposed of at the time the bill was last un- der consideration? 

Mr. SPRINGER. Not a.t all. It will have no effect upon it. Mr. PAYSON. 'Vhen this bill was being last considered an amendment of mine had been read and was pending. I bad the floor at the time the House ad- journed. 

Mr. HoOKER. I rise to a parliamentary inquiry. The SPEAKER. The gentleman from Illinois is on the floor for a parliamentary inquiry. 

Mr. P A YSOY. I wish to know how this would affect that amendment; whether it would be excluded, Mr. SPRINGER. It was not disposed of at that time. It was pending and would be covered by the resolution. The SPEAKER. The Chair thinks, on examining the resolution, that if it should be adopted it would necessitate the offering of the amendment of the gentle- man from Illinois againAlluding again to the amendment of the gentleman from Illinois 

[Mr. P~YSON]: · 

Mr. NELSON. I rise to a. parliamentary inquiry. Mr. PAYSON. It is evident that the Speaker does not agree, then, with the gentleman from Illinois. The SPEAKER. The resolution provides that amendments already agreed to in Committee of the Whole shall be adopted by the House, with the right of offering certain other amendments specified in the resolution. Mr. PAYSON. Then I hope the resolution will be voted down. Mr. SPRINGER. And one of the amendments referred to there is the identical amendment ofl'ered by the gentleman from Illinois himself, if the gentleman will take my word. It does not preclude other amendments, but makes pro- vision for a certain number which may be offered. • 111r. PAYSON. Of course I am perfectly willing to take the gentleman's word, but I wanted a ruling from the Chair as to the effect of the adopMon of the res- olution on the pending amendments. The SPEAKER. If the resolution in its present form is adopted, ft would pre- clude other amendments except those specified in the resolution itself. . Mr. SPRINGER. But it would not preclude action on the gentleman's amend- ment. 

The SPEAKER. The Chair will again state, the resolutionprovidesthatamend- ments heretofore adopted in Committee of the Whole House on the state of the Union shall be agreed to by the House, so that this resolution dieposes of those amendment.s; but it provides further that three additional amendments may be offered, as well as a substitute for the bill. 

l\Ir. WEAVER. Mr. Speaker, is this in order? 

The SPEAKER. The gentlem[1n from Mississippi [M.r. HooKER] 

is discussing a question of order. 

Mr. HOOKER. I am discussing a question of order. 

Mr. SPRINGER. The gentleman willgetthrough beforenext·week, 

I hope. 

l\lr. HOOKER. I propose to go along in my own waf. I do not 

want any advice from the gentleman from illinois [Mr. SPRINGER]. 

l\1r. SPRINGER. The RECORD is very good reading. 

l\Ir. HOOKER. I use it for my purposes. The gentleman can use 

it for his, if he chooses, when he has the floor. 

l\Ir. NELSON. It provides that three, but only three, amendments may be of- fered. 

The SPEAKER. That is the effect of the resolution; and also a substitute. The tellers will take their places. Mr. HooKER. I rose, Mr. Speaker, a moment ago to a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. HooKER. I wanted to address the Chair this inquiry: I understand that under the rules of the House governing the business for this day it is set aua.rt for a suspension of the .rules and the passage of measures, bills, resolutions, or otherwise, which are pending before the Committee of the Whole House on the state of the Union or other committees, and the motion is to discharge snch committee from the consideration of the matter and put it upon its p assage, the action thereon requiring a two-thirds vote. In the present instance the resolu- tion refers to a measure which is pending before the Committee of the Whole House on the state of the Union, and has been under consideration for several days in committee, to which various amendments have been offered ; and my inquiry is whether it is within the power of a single member of this House on this day, which is fixed for the suspension of the rules, to defeat the considerat~oen wh that measure and others that may be pending by propo~ing a >ote upon 

Mr. HOOKER. Mr. Speaker, I submit that the modification which 

the gentleman now proposes to offer, and which he can not offer, as I 

understand, except by unanimous consent, is an entirely different proposition. It is not a proposition to fix a day for the cqnsideration of 

this bill and the three amendments which it is admitted were pending 

and the substitute of the gentleman from Georgia [Mr. BARNES], 

which was pending. The gentleman from 1t1issouri now proposes to 

modify his proposition so as to pass the bill itself. The day named 

in the original resolution having passed, this proposition,, even as an unfinished matter, has no longer any status in the House. It was a proposition to fix a particular day of a certain week now passed; and 

I insist that aecording to parliamentary practice and the rules of the 

Honse it can not be called up now for consideration; and a. fortiori it can not be modified by the substitution of another separate and independent proposition, which proposes, outside of these amendments, to 

pass the bill itself as it is sent to the desk by the gentleman from Missouri. 

· I say, therefore, that as unfinished business it can not come np now, 

because that business was interrupted by the reading of a message from 

the President of the United States, on motion of my friend from Georgia. 

[Mr. CRISP]; and the question was propounded to the Speaker at that 

time whether or not that would interrupt this business, to which the 

Speaker promptly responded that it would, that it displaced it for the 

time being; and nothing further was done in regard to it. • Now, sir, various amendments have been adopted to the bill, which 

amendments have been adopted upon the agreement that there should 

be a vote upon them in the House; and if the gentleman may pass this 

bill now under a suspension of the rules without regard to the agreement made by the House in reference to the amendments, it defeats 

every vote on the amendments. But I insist, for the reasons I have 

already offered, that this is not a measure which can be amended, or 

that it is such a measure as may claim consideration as unfinished business, or which can be called up now, for the reason that the time fixed 

bas passed by. 

The SPEAKER. The question as to the right of a member to change or modify a motion or proposition submitted by him before the Hou~e 

has acted upon it in any way, has frequently arisen, and frequently 

been decided. The present occupant of the chair has always held that 

when a member has submitted a motion or proposition to the House, 

whether in the form of an original motion or as an amendment to a pending motion, it is his xight to modify or change it at any time be-
\ 

1888. CONGRESSIONAL RECORD-HOUSE. 8233 

fore it is voted upon, or betore the preVIous question bas been ordered, 

or before the adoption of any other aetion on the part of the House, 

which places the matter beyond the control of the member and within 

the control of the House. 

In the present instance it is not, as the gentleman from Mississippi 

argues, a question of amendment. It is a question merely as to the 

form of which the gentleman from Missouri will submit the proposition, the House not having acted upon it in any manner whatever. It 

is.quitetrueasstated, both bythe~entlemanirom Illinois [1\ir. PAYSON] 

and the gentleman from :Mississippi, that the proposition is a different 

one from that submitted by the gentleman some time ago. But it relates to the same subject-matter. The proposition was to fix a day for 

the con::~ideration of this bill; and this proposition is-that time having 

passed by-to vote upon tho bill now. · It is still, however, in thepower 

of the House to determine whether it will or will not second that proposition, so that the matter is entirely and absolutely within the control of 

the House, and not within the control of the Chair. 

If the gentleman from Missouri sees proper to modify his proposition, 

or take the risk of having tqe House second and pass it, of course the 

Chair has no control over the matter. 

Suppose, for instance, the time fixed in the original resolution for the 

consideration of the bill had now lapsed, and the gentleman should so 

modify his motion as to fix to-morrow for jts consideration. The Chair 

thinks it would be admissible, and the Chair can not see any difference 

in principle betweeu' that aud a motion to suspend the rules and pass 

the bill now. 

.1\fr. HOOKER. Except, if the Chair will permit me, that this 

would exclude consideration of the amendments. 

The SPEAKER. Of course; but that is for the House. The House 

may not desire to consider them, and if the House does not desire to 

pass the bill it will not second the motion the gentleman makes, or 

will not pass the bill if it is seconded. It is alwa,ys within the power 

of the House to control its own action. 

Mr. PAYSON. Permit me, Mr. Speaker, to ask this question: 

Whether the present occupant of the chair was aware of the proposition 

made by the gentleman from Missouri while the gentleman from Ten- nessee [Mr. McMILLIN] wru; acting as Speaker? 

The SPEAKER. The Chair did not be::~.r it. 

:Mr. PAYSON. Would it make any difference in the position taken 

by the Chair if it appeared that the gentleman from Missouri, in charge 

of the bill, now offers, instead of a bill to organize the Territory of 

Oklahoma, as was originally proposed, a bill to organize a portion of 

the territory em braced in the former bill, to wit: the neutral strip, and 

without regard to the balance of the Indian Territory, except as lands 

shall be acquired piecemeal hereafter? 

The SPEAKER. The Chair thinks that would make no difference 

if the Chair is correct in the basis of this decision; the whole matter 

being a modification of the motion of the gentleman from Missouri, 

which is submitted to the House itself for its action. But as to the 

merits of the propositiop., or whether or not it is practically the same 

as the other proposition, the Chair thinks does not affect the quest.ion 

of order, because the House has as yet passed upon nothing. The 

whole subject is before it for its action. 

Mr. WARNER. I movP. to suspend the rules--

The SPEAKER.. The Chair understands that to be the pending 

.motion. 

Mr. BRECKINRIDGE, of Arkansas. I wish, Mr. Speaker, to submit a parliamenta1·y inquiry . 

.Mr. CANNON. Regular order. 

Mr. BRECKINRIDGE, of Arkansas. This is in the regular order. 

I wish to ask, if the motion of the gentleman from Mi-ssouri has not been 

seconded by the House is it not still in his power to withdraw it? 

The SPEAKER. It is; the Chair has so decided. -

Mr. BRECKINRIDGE, of Arkansas. That was decided to the contrary in the absence of the present occupant of the chair. The gentleman sought to withdraw the motion and objection was made. 

The SPEAKER. The Chair understands the gentleman who was 

temporarily occupying the chair decided that the gentleman could 

withdraw the motion, but that he could not withdraw this motion 

and submit a new one unless he was recognized by the Chair for that 

purpose. 

Mr. 1\fc:M:ILLIN. That is true. I was just going to state, Mr. 

Speaker, in order that my friend from Arkansas may not misrepresent 

my position unintentionally, for I know he would not do so intentionally, that. the then occupant of the chair thought the gentleman 

from Missouri might withdraw his proposition, but to do so to offer 

another be could not get an agreement from the then occupant of the 

chair that he would be recognized for that purpose after yielding the 

floo1· to another; that the questi~n of recognition would be then with 

the Chair, as it is at all times in all other cases, and that the Chair 

could not consent to couple with the request of the gentleman to withdraw the proposition an agreement to recognize him to submit another 

motion. 

The SPEAKER. The tellers will take their places. 

Mr. PAYSON. Has the proposition as modified been read? 

Mr. HOOKER. It has not been read . 

Mr. BRECKINRIDGE, of Arkansas. I desire to make a parliamentary inquiry. . The SPEAKER. The gentleman will state it. 

Mr. BRECKINRIDGE, of Arkansas. Am I correct in interpreting 

the Chair as holding that the gentleman from Missouri [Mr. WARNER] 

can withdraw his proposition at this time, and that when the proposition that would come up immediately after this concession is passed 

he would be again recognized? 

The SPEAKER. The Chair has made no such decision. 

Mr. BRECKINRIDGE, of Arkansas. What would be his right to 

have consideration of the matter immediately after the consideration 

of the question to which he would yield by withdrawing? · 

' The SPEAKER. That is a purely abstract question. He .has not 

offered to withdraw it. . Mr. BRECKINRIDGE, of Arkansas, If the Chair will pardon me, 

it is a question based upon whatl understand just occurred when the · 

present occupant of the chair was absent. The gentleman did offer to 

withdraw it. 

Mr. WARNER. I did offer to withdraw as the gentleman states, 

. but as I understood the then occupant of the chair ruled that it took 

unanimous consent to withdraw, and if that be the case I do not offer 

to withdraw. 

Mr. McMILLIN. I think the gentleman will find that his proposition to the Chair carried with it a condition-precedent to yielding that 

he should withdraw it temporarily for amotion by another gentleman, 

and that he should then be recol!llized aftertbatmattershould be disposed of. As the then occupant of the chair I stated, a.s I would on 

all ocr.asions, that I would recognize when the time came, but I would 

give no information as to what I would do in advance. I think the 

gentleman will find that was the ruling. 

The SPEAKER. R~ular order is demanded. 

Mr. BRECKINRIDGE, of Arkansas. I wish .to inquir~furtber. I 

do not fully understand the position of the gentleman from Tennessee, 

and I think it is a perfectly proper inquiry for the gentleman from 

Missouri to know just bow far he parts with his parliamentary rights 

before he consents to take a given step in connection with the resolution. And I inquire whether or not the gentleman from Missouri 

would have the right to be recognized after consideration of the proposition that be proposes temporarily to withdraw in favor of. 

The SPEAKER. The Chair does not understand the gentleman from 

Missouri to withdraw. 

1\1r. BRECKINRIDGE, of Arkansas. But the gentleman has proposed to withdraw, and that is the question that has been under consideration, and that is what the gentleman will propose again if he can 

now understand that he does not permanently surrender his rights. 

The SPEAKER. By consent of the gentleman from Missouri the 

motion now before the House might be withdrawn temporarily until 

some other motion was made and disposed of, just as on the last day 

for the suspension of the rules the gentleman did yield to the gantleman from Illinois [Mr. TOWNSHEND]. 

Mr. WARNER rose. 

Mr. CANNON. That takes unanimous consent, and I call for the 

regular order. 

The SPEAKER. The gentleman from Illinois objects. 

Mr. BRECKINRIDGE, of Arkansas. I make a motion, then, that 

the proposition offered by the gentleman from Missouri be tempor.trily 

withdrawn. 

The SPEAKER. That motion can not be made. The Clerk will read 

the resolution. 

Mr. RYAN. Let us have the regular order. 

The bill was read, as follows: 

A bill (H. R. 10614) to organize the Territory of Oklahoma, and for other pur- poses. 

Be it enacted, etc., That all that part of the United Stutes included within t.he 

following limits, except such portions thereof as are hereinafLer expressly ex- empt~d from the operations of this act, to wit: Bounded on the west by the 

State of Texas and the Territory of New Mexico; on the north by the State or Colorado and the State Of Kansas; on t.he east by the reservation occupied by 

the Cherokee tribe of Indians east of the ninety-sixth meridian of west longitude, 

and by the Creek, Seminole, n.nd Chickasaw reservations; and on' the south 

by the Creek, Seminole, and Chickasaw reservations, and by the State of Texas, 

comprising what is known as the Public Land Strip, and all that part of the 

Ind1an Territory not actually occupied by the five civilized tribes, is created 

into a temporary government by the name of the Territory of Oklahoma: Pro- v-ided, That nothing in this act shall be construed to imp:1.ir the rights of person or property, or to impair any pat~nt to or right of occupancy of lands now per• taining to the Indians in said Territory under the laws nnd treaties of the United 

States, Executive order, or otherwise, or to include any territory occupied by any Indian tribe for which title has been conveyed by patent or otherwise from 

the United States, or to which such tribe may be entitled by law, Executive 

order, right of occupancy, or treaty, without the co.nsent of said tribe, or any territory which by treaty or agreement with any Indian tribe is not, without t-he consent of said tribe, to be included within the territorial limits or juris- diction of any State or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the Territory of Oklahoma until said 

tribe shall signify its assent to the President of the lJnited States to be included 

in the said Territory of Oklahoma, except for judicial purposes as provided 

herein, or to affect the authority of the Government of the United States to make any regulation or enact soy law respecting such Indians, their lands, 

property, or other rights, which it would have been competent to make or enac~ 

if this act had never passed. 

SEC. 2. That there shall be a governor, secretary, Legislative .Assembly, su- preme court, attorney, and marshal for said Territory, who shall be appointed and selected under the provisions of Title~. chapter 1. of the Revised Stat-
8234 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 3, 

utes of the United States, relating to the government of all the Territories. The provisions of sa id t itle shall have the same force and effect in the Territory of Oklahom a as in the other Territ ories bf t h e U nited Sta tes: Provided, That all such officers appointed and selected for said Territory after the said Territory has been organized for a period of five years shall be appointed and select~d from the;bona. fide residents t herein : Provided, That the Legislative Assembly and Del- egate to the House of Representatives shall not be elected until the President shall order: Provided further, That no person shall be entitled to vote at the fir t election or to be elected to any office who has not been a bona fide resident of said Territory for six ty days previous to said election: And p1·ovided ftt1·ther, Tlmt 'the council in said Territory sh a ll cousist of thirteen members, and the house of representatives shall consist of twenty-six members, which may be incr~ased to thirty-nine. 

SEc. 3. That the Constitution and an laws of the United States which are not locally inapplicable shall have the sam e force and effect in said Territory of Old~ 

homa as elsewhere in the Unite d States: Provi ded, That nothing in this act shall be construed to interfere with t h e local g-overnments of any of the Indian tribes which may now be provided for by the laws and treaties of the United States, or which may existinconformitythe reto: Andprovidedfurlhet, Thatthesupreme court of the Territory shall have jurisdiction and shall embrace all causes of acUon, crimes, and offenses arising within the limits of the Territ-ory organized 

by this act; and all laws heretofore passed granting jurisdiction to United States courts within the limits of said Territory are hereby repealed; but cases rrow pending..shall be prosecuted to their final disposition therein the same as if this act had not been passed. S EC. 4. That the section of couutry lying between the States of Kansas, Colo- rado, and T exas, kn(•Wn as the Public Land Strip, is hereby declared to be apart oft he public domain of the United States, and shall be open to settlement under the operation of the home stead laws only, but the provisions of section 2301 of the Revised Statute s shall not apply to anyeutry of any ofthelandsin said Ter- ritory except as othe rwise provided in this act: Pmvided, That the sixteenth and thirty-sixth sections of land in each township s!lall be reserved for school purpoS ~: 5. That when ever the Creek and Seminole tribes of India ns shall sig nify their assent to the provisions ofthis section, in lego.l manner, to the commission provided for in this act, and the President has issued his proclamation fixing the time as provided herein, the unoccupied lands ceded to the United States by s aid tribes under the treaties of June 14, 1866, and March 21, 1866, shall be open to settlement, except the sixteenth and thirty-sixth sections in each township, which shall be reserved for sch ool purposes, and shall be disposed of to actua.l set- tlers only, in quantities not toexceedltiOacres insq~reform to each settler, at the price ofS1.25 per acre. .All persons who are heads of families or over twenty-one years of age, and who n.re citizens of the United States, or have declared their in- t-en tion to become citizens thereof, shall be entitled to become actualsettlerB on such lands. An accurate account shall be kept by the Secretary of the Interior of the money 1·eceived as proceeds of the sale of such lands. The commission her einafter created by this act is hereby authorized to confer with the Creeks and Semirio1es to ascertain whether said Indians are entitled to any further compensation than that heretofore paid for said unoccupied lands. If said com- mis ion shall find that further compensation should be paid said Indians, they may , by negotiation with said Indians, fix the amount of such additional com- pensation, not to exceed the sum of SL 25 per acre, less the cost of sale and the amounts heretofore paid said tribes in the purchase of said lands; and any ad- ditional sum agreed upon by said commission to be paid said tribes for said lan c.ls as provided herein, ·shall be placed to thecreditofsaid tribes in theTreas- urv of the United States. !SEc. 6. That whenever the Cherokee tribeofindiansshallsignifytheir assent to the provision! of this section, in legal manner, to the commission provided for in this act, and the President has issued his proclamation fixing the time as herein provided, the unoccupied portion of the lands west of the ninety-sixth degree of west longitude as agreed to be, ceded according to the provisions .of the treaty concluded July 19,1866, shall be open to settlement, except the SiXteenth and thirty-sixth sections of said land, which shall be reserved for school purposes, and shall be disposed of to actual settlers only, ii;l quantities not to ex- ceed 160 acres, in squnre form1 to each settler, at the price cif SL25 per acre. All persons who are heads of families or over twenty-one years of age, and who are citizens of the United States, or have declared their intention to become citizens thereof, shall be entitled to become actual settlers on such lands. An accurate account shall be kept by the Secretary of the Interior of the money received as proceeds of the sale of said lands, and said money shall' be placed to the credit of the Cherokee Indian tribe in tbe Treasury of the United States, after d educt- in"' the cost of the sale by the United States and the amount heretofore appro- priat-ed and paid t.o the Cherokee tribe as part compensation for said unoccu- pied lands: Provirkd, That nothing in this act shall be construed to authorize any person to enter upon or occupy any of the lands mentioned in this~ or the preceding sectiop., for the purpose of settlement or otherwise, until after the said Indian tribes and the commissioners herein authorized have concluded an agreement to that effect as provided herein, and laid the same before the Presi- dent of the United States, who is thereupon authorized and required to issue his proclamation declaring such relinquished lands open to se~tlement , and fixing the time from and after which such lands may betaken. Any person who may enter upon any part of said lands contrary to the provisions of this act, and prior to the time fixed by the President's proclamation, shall not be permitted to make entry upon any lands or lay any claim thereto in said Territory. No land-war- rant or land-scrip of any kind shall be located on any la.nd embraced in this act. SEo. 7. That the President may, at such times as he may de.cm it necessary, direct land offices to be opened in the Territory of Oklahoma, not to exceed four in nu.n:Lber, and may nominate and, by and with the advice and consent of the Senate, appoint the usual offi.cei'S to conduct the business of sn.id land offices; and the Commissioner of the General Land Office shall, when directed by the President, cause the various portions of said lands to be properly surveyed and subdivided, where the same bas not already been done. It is hereby made the duty of the Commissioner of the General Land Office to carefully examine each claim taken under the provisions of this act before issuing a patent to the claim- ant; and if it shall appear that said claim was not taken in good faith, he shall refuse a patent and declare all prior proceedings before had in such case to be null and void; and all persons settling on lands under the provisions of this act shall be required to select the same in square form, as near as may be, and t o maintain a continuous personal residence of three years on the land, and to improve and cultivate the same for that period in the manner required by the homestead laws before obtaining title thereto; but payments for lands, where payment is required to be made by this act, shall be made in four equal install- ments, under such rules and regulations as may be prescribed by the Secreta1·y of the Interior, as follows: The first payment shall be made within six months from the time of entry, the second at the expiration of one year from date of entry, the third at the expiration of two years from date of entry, and the 

final payment shall be made at the expiration of three years from the date of entry: Provided, That there shall be reserved public highways 4 rods wide around every section of land in said Territory, the section lines being the center of said highways; but no deduction shall be made in the amount to be paid for each quarter-section of land by reas?n ~f such reservation. . . . SEC. 8. That the procedure in apphcat10ns, entries, contests, and adjudicatwns under this act shall be in the form and manner p:-escribed under the homest~ad 

laws of the United States,andthegeneralprinciplesandprovisions ofthe home- l!ltead laws, except as modilied by the provisions of this act, shall be applicable 

&o all entries m ade hereunder, and n o patent shall be issued to any p erson who 

is nota citizen ofthe United States at the time' be makes final proof and pay- ment. Final proof and payment, except in cases of contest, shall be made within three months after the expiration of three years from the date of entry, and in default thereof, or in default of the p ayment of any installment of the purcha.se- ·money when due, the entry shall be liable to cancellation, and the money paid thereon shall be forfeited to the United States. Lands entered under tlle pro- vision of this act shall be liable to taxation after the fir tinstallment of the pur- chase-money shall have been paid; but the same shall not be subject to any judgment or lien obtained upon indebtednesscontracted or obligation incurred prior to the issue of patents therefor, nor shall such lands be sold, or contracted to be sold, leased, or contracted to be lea ed, conveyed, mortgaged, or in any manner encumbered prior to final proof or payment and the r ecord thereof made in the office of the register and receiver of tho district where the land is located; and any sale, lease, conveyance, or mortgage made, executed, or con- tracted for prior to such final proof, payment, and record shall be absolutely null and void; and all ass~nmenta, tra n fers, and mortgages of unpatented land entries shall be at the risk of the as ignees, tran ferrees, and mortgagees, who shall have no recourse a gain st. the U nited States for any failure of claim- ant's title before issue of patent: Provided, That the provisions of section 231:'5 of the Revised Statutes of the United States, entitled "Homesteads," shall ap- ply to the provisions of this act. SEc. 9. That whenever any portion of the lands opened to settlement by the provisions of this act sha ll be occupied for town-site purposes, and the Secre- t a ry of the Interior is satisfied tha t they are occupied in good faith and are nec- essary for such purposes, the said Secretary is hereby authorized and directed to cause patents to be issued therefor, under such rules and regulations as he may prescribe, to any legally organized company occupying and entitled to the same, upon the payment in cash of $20 per acre for the lands so occupied. The money so received for each town-site, except such amount as may be required to be paid to the Indian tribes, as provided in sections 5 and 6 of this act, shall be held by the Secretary of the Interior as a separate school fund for the bene- fit of the people of such town, and shall be expended under his direction for the erection of school buildings and the support of schools therein : Provided, That town-sites actually occupied on the Public Land Strip at the date of the approval of this act by not less than one hundred bona fide inhabitants shall be patented to the legally organized company selected by said inhabitants, said sit~s to em- brace the amount of land provided by law: Provided further, That all patents issued for town-sites in the Territory of Oklahoma shall contain reservations for parks and other public purposes, embra cing in the Rggregate not less than 10 nor more than 20 acres; but no deduction shall be allowed on this account in the amount to be paid for said town-sites as provided in this section; and patents for such reservations shall be issued to the towns respectively when or- ganized as municipalities. SEc. 10. That all lands in the Territory of O.klahoma not embraced in the pro- visions of sections 4, 5, and 6 of this act, which are not required by law, treaty 

stipulations, executive orders, or right of occupancy for the use of any Indian tribe, or which may be relinquished as an Indian reservation, shall be open to settlement under the provisions of this act: P.rovidcd, That whenever Indian la nds are purchased by the Unit~d States with the consent of the Indians, and opened to settlement in said Territory, the President of the United States may fix the price to be paid therefor by actual settlers, which price shall in no case exceed $1.25 per acre, and the proceeds shall be held for the benefit of the In- dians concerned, as provided in sections 5 and 6 of this act. SEC. 11. That the President of the United States is hereby authorized and di- rected to appoint a commission, to be composed of five persons, not more than three of whom shall be members of one political party, whose duty it shall be to open negotiations with the Creeks, Seminoles, and Cherokees, for the pur- pose of securing the consent of said Indians, so far as it may be necessary, to the provisions of section 5 and section 6 of this act. The commission is authorized to enter into such agreements w:lth said Indian tribes as it may deem necessary to accomplish the purposes of this act, and shall submit the same to the Presi- dent for his approval or rejection. The compensation of the members of said commission shall be at the ro.te of Sl.O per day; and they shall also be allowed, in addition thereto, their actual nece sary traveling expenses, stationery, and postage. They shall have power to appoint a secretary, who shall receive a compensation of$6 per day, and such allowances for traveling exnenses as he may actually incur. Tbe President of the United States is hereby authorized to enter int-o agreementa at any time with any of the tribes of Indians in the Ter- ritory of Oklahoma for dissolving their tribal relations, for holding lands in sev- eralty, and for tlieir ulUmatc citizenship, and to this end all the provisions of "The act to provide for the allotment of land in severalty to Indians on the va- rious reservations and to extend the protection of the laws of the United States and Territories over the Indian!;', and for other purposes," approved February 8, 1887, shall extend to and be put in force in said Territory at the earliest time practicable. 

SEC. 12. That it shall be unlawful for any person, for himself or any company, association, or coroora.tion, to directly or indirectly procure any person to settle upon any lands opened to settlement by this act with a view to their afterward acquiring title to said lands from said occupants; and the parties to such fraud- ulent settlement shall severally be guilty of a misdemeanor, and shall be pun- ished, upon indictment, by imprisonment not exceeding twelve lhonths, or by fine not exceeding Sl,OOO, or by both such fine and imprisonment, in the discre- tion of the court. SEc. 13. That all leases of lands belonging to the United States or held in common by any of the Indian tribes within the Territory of O~ahoma, as or- ganized by this act, including the Cherokee Strip west of the ninety-sixth dt>gree of west longitude, whether controlled by persons, corporations, or others, ex- cept such leases as are held for the purpose of cultivating the soil strictly for farming purposes, are hereby declared void and contrary to public policy; and it is hereby made the duty of the President, w:ltbin a reasonable time after the passage of this act, to cause tbe lessees of said lands, and any other persons ille- gally occupying the same, to be removed from said lands. SEC. 14. That the act of Congress approved July 25, 1866, granting lands to the State of Kansas to aid in the construction of the Kan~as and Neosho Valley Railroad and its extension to Red River, and an act 6tranting lands to aid in the construction of a railroad and telegraph line from the States of 1\Ussouri and .Arkansas to the Pacific coast, approved July 27, 1866, and subsequent acts and joint resolutions, so far as said act or acts or joint re!Olutions apply to any lands included in the provisions of this act, and an act of Congre!s granting lands to the State of Kan~as to aid in the construction of the southern branch of the Union Pacific Railway, and a telegraph from Fort Riley, Kans., to Fort Smith, 

Ark., approved July 26,1866, or any other acts of Congress so far as they relate to lands granted in said Indian Territory and the Public Land Strip, except for the right of way and necessary stations as now provided for bylaw, are hereby 

repealed; and all or any rights to said lands are hereby forfeited to the United 

States, and no railroad company now organized, or hereafter to be organi~ed, 

shall ever acquire any lands to aid in the construction of its road, or in conse- quence of any railroad already constructed, either from the United States or from any Indian tribe, or from any Territorial government within the l imits of the Territory organized by this act. SEC. 15. That neither the Legislative Assembly of said Territory, nor any county, township, town, or city therein, shall haTe power to create or contract any indebtedness for any work of publte improvement, or in aid of any railroad constructed or t.o be constructed, nor to subscribe for or purchase any shares of stock in any railroad company or corporation. SEc. 16. T h at the provisions of this act shall not be a p plicable to landB lying 
• 

1888. CONGRESSIONAL RECORD-HOUSE. 8235 

within the limits of what is known as Greer County, nor shall said countt be 

subject to the jurisdiction of the Territory of Oklahoma, until the question of 

title thereto between the United Sta~s and the State of Texas shall have been 

finally determined in favor of the United St;a.tes. 

SEc.l7. That so much of the lands embraced in the Indian Territory as hAve not yet been surveyed shall be surveyed, and the incomplete Burveys of the 

lands in the tract commonly known a!' the" Public Land Strip," or "No Man's · Land," sh.all be completed, as soon as practicable after the passage of this act, 

according to the terms of existing laws for the survey of the public lands of the 

United States, and to enable the Secretary of the Interior to carry out the pro- visions of this section. at the rates now allowed by law for the survey of such 

lan<.ls, the sum of 5.)0,000 be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated; the surveys to be executed 

under the direction of the Commissioner of the General Land Office. 

SEc. 18. That the laws of the State of Colorado which are not locally inapplicable or inconsistent with this act are hereby enacted for and put in force in 

the Territory of Oklahoma, and the governor of said Territorv is authorized to appoint all officers for said Ten·itorywhere appointmentorelection is provided 

for under said laws until the Legislative Assembly of said Territory shall otherwise provide. · SEc. 19. That the Territorial government hereby established shall not extend to or exercise any jurisdiction over any part of said Territory of Oklahoma ex- cept as to what is known as the Public Land Strip, until the President shall 

issue his proclamation, as provided in section 6 of this act. 

Mr. PAYSON. I demand a second. 

The SPEAKER pro tempore. A second has been demanded and tell- ers have been ordered. · Mr. PAYSON. I beg the Chair's pardon, it has not progressed so far. 

The SPEAKER pro tempore. The Chair thinks otherwise. Tellers 

have been ordered. The gentleman from Missouri [Mr. W A.RNEB] and 

the gentleman from Illinois [Mr. PAYSON] will act as tellers. 

Mr. SPRINGER. I ask unanimous consent that the vote on ordering a second be waived, and that the motion be considered as seconded 

in order that this may be disposed of, so as to let another matter come 

up that is of great import.anee, the bill to abolish the trust in cotton 

bagging. 

Mr. PAYSON. I objeet. 

Mr. SPRINGER. I supposed the gentleman from illinois [Mr. PAYsoN] was a friend of the bill. I see now that be is willing to defeat it. 

Mr. PAYSON. I hope my colleague will not embrace this opportunity to be over-smart. The gentleman from Illinois (myself) has a right to demand a quorum. :Mr. SPRINGER. !'will embrace this opportunity to say that the 

gentleman is doing all he can to defeat the bill. 

Mr. PAYSON. To defeat the bill in its present form, yes. I hope 

there will be no misunderstanding about it. 

Mr. SPRINGER. Or in any form. : Mr. PAYSON. I shall oppose any bill for opening up this great territory that does not include the homestead principle as well for the 

settler as for tbe soldier. Let that be distinctly understood. 

Mr. SPRINGER. This bill preserves the homesteac;l principle in 

every form, except that it does not allow commutations in any case, 

and that it requires the settler to pay $1.25 an acre for his land, the 

amount the Government must pay in order to acquire the Indian title. 

If tbe gentleman insists upon the provisions of his amendment, which was rejected by a vote of 114 nays to 49 yeas, he knows the House bas 

already decided against his amendment, and therefore he is against 

this bill in any shape in which it can possibly be passed. That is, 

he is against it, unless he can put an amendment upon it which be 

knows will kill it. 

Mr. WE.A. VER. I call for the regular order. I am glad the gentleman from illinois [Mr. PAYSO:N] has disclosed his hand. 

The House divided; and, before the completion of the counb, the 

tellers reported-ayes 93, noes 70. 

J\1r. PAYSON. No quorum. 

The vote by tellers was continued. 

Ur. PAYSON. I am content to have the result announced now .. The tellers reported-ayes 101, noes 8. 

1\Ir. CLEMENTS. No quorum. 

The SPEAKER. No quorum has voted. Gentlemen who·desireto 

vote will please come forward and do so. Mr. ST0NE, of Kentucky. I move that the House do now adjourn. 

Mr. PHELAN. I ask the gentleman to yield to me for a moment. 

1\.Ir. STONE, of Kentucky. I will yield to the gentleman for a minute. 

Mr. PHELAN. I have a little bill which I desire to call up and 

to which I do not believe th~re will be any objection-- ' 

JUr. WARNER. M:r. Speaker, I do not propose to yield for the introduction of any bills. I hope the House will not adjourn until we 

ha•e had a vote upon the Oklahoma bill. 

Several :lt1E.lfBERS. Regular order. 

The question was taken on the motion to adjourn; and there were- ayes 55, noes 49. 

Mr. W A.RNER. I demand the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 49, nays 101, not 

voting 174; as follows: 

YEAS-49. 

Abbott, 

·Adams, 

Blount, Caswell, 

Breckinridge, Ark. Cat-chings, 

Crain, 

Crisp, 

Culberson, 

Dibble, 

Dougherty, 

Allen, Mich. ,Bacon, 

.Bankhead, 

i 

Butler, Clements, 

Carlton, Cobb, 

Caruth, Cothran, 

Elliott, 

Felton, 

Forney, 

Gibson, 

Grimes, 

Hall, 

Ha1·e, 

Haugen, 

Hemphill, 

Herbert, 

Hires, 

Holmes, 

Hooker, 

Ketcham, , Kilgore, 

Laffoon, 

Latham, 

Martin, 

Newton, 

Norwood, 

O'Neall, Ind. 

Robertson, 

Sawyer, 

Snyder, 

NAY8-101. 

.Anderson, Iowa. Funston, 

Anderson, Miss. Gear, 

Anderson, ill. Gest, 

Anderson, Kans. Glass, 

Baker,IIl. Harmer, 

Bland, Hfttch, 

Brewer, Henderson, Iowa Buchanan, Henderson, N.C. 

Bunnell, Holman, 

Burnes, Jackson, 

Burrows, .Tohnston, Ind. 

Campbell, F., N.Y. Kelley, 

Cannon, La Follette, 

Cheadle, Landes, 

Chipman, Lane, 

Compton, Lnnhnm, 

Conger, Lyman, 

Cowles, Macdonald, 

Crouse, ~Iahoney, 

Dockery, Maish, 

Dorsey, Mansur, 

Dunn, ::rt!cClammy, 

Enloe, McMillin, 

Forau, ::rticSbane, 

French, :Moffitt, 

Fuller, ::rtforrill, 

::rt!orrow, Morse, 

Neal, 

Nutting, 

Oates, 

O'Neill, Pa. O'Neill, Mo. Osborne, 

Outhwaite, 

Owen, 

Payson, 

Peel, 

Penin~on, 

Perkius, 

Peters, 

Phelan, 

Post, 

Rice, 

Rogers, 

Rowell. 

Rowland, 

Russell, Mass. Ryan, 

Sayers, 

Scull, 

Shively, 

NOT VOTING-174. 

Allen, :Mass. Dargan, Jones, 

Allen, Miss. Darlington, Kean, 

Arnold, Davenport, Kennedy, 

Atkinson, Davidson, .Ala. Kerr, 

Baker,N. Y. Davidson, Fla. Lagan, Barnes, Davis, Laidlaw, 

Barry, DeLano, Laird, 

Bayne, Dingley, Lawler, 

Belden, Dtmham, Lee, 

Belmont, Ermentrout, Lehlbacb, 

Biggs, Farquhar, Lind, 

Bingham, Finley, .i _ Lodge, 

Blanchard, Fisher, Long, 

Bliss, Fitch. .Lynch, Boothman, Flood, Maffett, 

Bound, · Ford, Mason, 

Boutelle, Gaines, Matson, ' Bowden, Gallinger, McAdoo, 

Bo'len, Gay, :McComas, 

Breckinridge, Ky. Glover, McCormick. 

Brower, Goff, :McCreary, 

Browne, T.H.B.;Va.Granger, :rticCullogh, 

llio'lne, Ind. Greenman, ~IcKenna, 

Brown, Ohio Grosvenor, McKinley, 

Brown, J. R., Va. Grout, ~IcK.inney, 

Brumm, Guenther, McRae, 

Bryce, Hayden, Merriman, 

Buckalew, Hayes, · Milliken, 

Hm·nett, Heard, 1\'Iills, 

Butterworth, Henderson, ill. Montgomery, 

Bynum., Hermann, Moore, 

Campbell, Ohio Hiestand, l'!Iorgan, 

Campbell,T.J.,N.Y. Hitt, Nelson, 

Candler, Hogg, Nichols, 

Clardy, Hopkins, ill. O'Donnell, 

Clark, Hopkins, Va. O'Ferrall, 

Cockran, Hopkins,N. Y. Parker, 

Cogswell, Houk, Patton, 

Collins, Hovey, Perry, 

Cooper, Howard, Phelps, 

Cox, Hudd, Pidcock, 

Cummings, Hunter, Plumb, 

Cutcheon, Hutton, Pugsley, 

Dalzell, Johnston, N.C. Randall, 

So the House refused to adjourn. 

Stewart, Ga. 

Stone, Ky. 

Thomas, Wis. 

Thompson, Cal. 

W'ilkinson. 

Smith, 

Sowden, 

Springer, 

Steele, 

Stephenson, 

Stone, 1\Io. 

Struble, 

Symes, 

. Tracey, 

Townshend, 

Turner, Kans. 

Vandever, 

'Valker, 

Warner, 

Washington, 

Weaver, 

Weber, 

Wheeler, 

Whitthorne, 

Williams, 

Wilson, W. VB. 

Wise, 

Yoder. 

Rayner, 

Reed, 

Richardson, 

Rockwell, 

Romeis, 

Russell, Conn. 

Rusk, 

Scott, 

Seney, 

Seymour, 

Shaw, · Sherman, 

Simmons,. Spinola, 

Spooner, 

Sta.hlnecker, 

Stewart, Tex. Stewart, Vt. Stockdale, 

T&rsney, 

Taulbee, 

Taylor, E. B., Ohio 

Taylor, J.D., Ohio 

Thomas, Ky. 

Thomas, ill. 

Thompson, Ohio 

Tillman, 

Turner, Ga. 

Vance, 

Wade, 

West, 

White, Ind. . White,N. Y. Whiting, Mich. 

Whiting, l.\Iass. 

Wickham, 

Wilber, 

Wilkins 

Wilson, i\1inn. 

Woodburn, 

Yardley, 

Yost. 

l\fr. BA. YNE. I ask unanimous consent that the reading of the 

names of members voting be dispensed with. 

Mr. HOOKER. I-object. 

The following additional paira were announced: 

Mr. ScoTT with 1\1r . .McCoMAS, until further notice. 

M1. BYNU~I with 1\fr. STEELE, until further' notice. 

1\1r. HUTTON with Ur. ATKINSON, for the rest of the day. 

Mr. TAULBEE with 1\fr. BELDEN, for the rest of tbe day. 

The result of tbe vote was then announced a.s above recorded. 

The SPEAKER. The tellers will resume their places. 

Mr. SPRINGER. 11r. Speaker, I presume it does not make any difference that no quorum has voted on the motion to adjourn. 

The SPEAKER. It does not. Less than a quorum may a-djourn or 

refuse to adjourn. 

Mr. SPRINGER. Then if a. quorum appe.."trs on the "VOte now to be 

taken, that will cure the difficulty. I will inquire also whether this 

is a new vote? 

The SPEAKER. The Chair thinks that under the practice the vote 

will have to be taken again, as 'business has intervened. The question 

is on seconding the motion to suspend the rules. 

The House again divided; and after the count bad continued some 

time, 

The SPEAKER said: On thi'l question the tellers report-ayes 57, noes 4. 
-- 8236 CONGRESSIONAL-RECORD-SENATE. SEPTEMBER 4, 

1\Ir. SPRINGER. I move that the House adjourn, as within a few wli'ich assembled at Penver, in the State of Colorado, adjourned after 

minutes we must adjourn at any rate. having passed the resolution which I send to the desk and ask the SeeThe motion was agreed to; and accordingly (at 4 o'clock and 55 min- retary to read. 

utes p. m .) the House a~journed. The Chief Clerk read as follows: 

PRIVATE lliLLS INTRODUCED AND REFERRED. 

Under the rule private bills of the following titles were introduced 

and referred as indicated below: 

By Mr. G. A. ANDERSON: A bill (H. R. 11344) granting a pension 

to Anna Cloningau-to the Committee on Invalid Pensions. 

By Mr. COMPTON: A bill (H. R. 11345) for the relief of the heirs 

and legal representatives of Richard W. Meade, deceased-to the Committee on Claims. 

By Mr. FORAN: A bill (H. R. 11346) for the relief of Lucy 0. 

Thompson-to the Committee on Invalid Pensions. 

By Mr. GEST: A bill (H. R. 11347) granting a pension to Eugene 

Durst-to the Committee on Invalid Pensions. 

By Mr. HARMER: A bill (H. R. 11348) to increase the pension of 

John H. R. Storey-to the Committee on Invalid Pensions. - By Ur. UAISH: A bill (H. ·R. 11349) for the relief of Adam Carlto the Committee on Invalid Pensions. 

Also, a bill (H. R. 11350) for the relief of John W. Zinn-to the 

Committee on Invalid Pensions. -

By 1\fr. McCREARY: A bill (H. R. 11351) for the relief of E. J. 

Sbackelford-to the Committee on War Claims. 

By Mr. NICHOLS: A bill (H. R. 11352)_granting a pension to William Rommel-to the Committee on Invalid Pensions. 

By Mr. SAWYER: A bill (H. R. 11353) for the relief of John H. 

Ferdun-to the Committee on Military Affairs. 

Also, a bill (H. R. 11354) granting a pension to Charles H. Greento the Committee on Invalid Pensions. 

By Ur. STONE, of Kentucky: A bill (H. R. 11355) for the relief of 

the legal representatives ofT. J. Cobb, deceased-to the Committee on 

War Claims. 

By l\fr. WHEELER: A bill (H. R. 11356) to remove the political 

disabilities of James C. Long-to the Committee on the Judiciary. 

PETITIONS, ETC. 

The following petitions and papers were laid on the Clerk's desk, u nder the rule, and referred as follows: 

By :Mr. C. L. ANDERSON: Petition of Franklin Sessions, of Newton County, Mississippi, praying for reference of his claim to the Court 

of Claims-to the Committee on War Claims. 

Also, of Sarah :M:cClenachan, widow of William l\fcClenacban, alias 

James Robinson, late Company C, Third Regiment United States Artillery war of 1836-to the Committee on .Pensions. 

By Mr. BUCHAN..U-:: Petition of citizens of Mount Holly, N.J., in 

favor of bill prohibiting shipment of convict-made goods from Stat-e to 

State-to the Committee on Labor. 

By Mr. FORAN: Petition of citizens of Cleveland, Ohio, for amendments to the interstate-commerce law-to the Committee on Commerce. 

Also, of the Amalgamated Association of Iron and Steel Workers, in 

favor of protection-to the Committee on Ways and Means. . By Mr. HARMER: Petition of John H. R. Storey, forincreaseofpension-to the Committee on Invalid Pensions. 

The following petition for the proper protection of the Yellowstone 

National Park, as proposed in Senate bill 283, was received andreferred to the Committee on the Public Lands: 

By M:r. FORAN: Of Dr. E. Sterling, of Cleveland, Ohio. 

SENATE. 

TUESDAY, September 4, 1~88. 

Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. 

The J ourna.l_of yesterday's proceedings was read and approf~d. 

HOUSE BILLS REFERRED. 

The bill (H. R. 8636) for the relief of Isaa-c N. Enloe was read twice 

by its title, and referred to the Comll}-ittee on Military Affairs. 

The bill (H. R. 11262) to authorize the construction of bridges across the Kentucky River and its tributaries by the Richmond, Nicholasville, Irvine and Beattyville Railroad Company was read twice by its 

title, and referred to the Committee on Commerce. 

ENROLLED BILL SIGNED. 

The PRESIDENT pro tempore announced his signature of the enrolled joint resolution (H. Res. 14) to authorize the Secretary of the 

Interior to certify lands to the State of Kansas for the benefit of agriculture and the mechanic arts, which bad previously been signed by 

the Speaker of t.he House of Representatives. 

GALVESTON HARBOR IMPROVEMENT. 

Mr. COKE. On the 31st of August the Deep Wat~r Convention 

The following preamble and resolution, by Governor Evans, of Colorado, were unanimously adopted: ·Whereas it is of vital importance to all the Yast region b etween t.he Missis- sippi and the Pacific that a harbor deep enough to protect the fleet tha t will be required to handle the commerce of the whole region of country nearer to it than any Atlantic seaport be constructed on the northwest coast of the Gulf of Mexico as soon as practicable; and 

:· ·whereas such harbor is of such great national im portance that it is worthy of an ample appropriation from Congress for its construction; and " \Vhereas we have already requested the present members of Congress to fa vor such an appropriation, but would m a ke that request more emphatic: Therefore, 

"Be it resowed, That the Legislatures and people of all the States and Territo- ries included in the region described be earnestly req uested hereafter to elect no Senators, R-epresentatives, or Delegates to Congress except such as are known to be heartily in favor of such an appropriation and will earnestly and fa ith- fully work for it until such a harbor is completed." Governor Evans insisted that the deep-harbor issue must be made a. sectional one, and be fought from the primaries up. • 

Mr. COKE. The States and Territories represented in this com·en- tiou were Iowa, Missouri, Wyoming, Arizona, Texas, and Kansas.. I 

have received from the deep-water committee of the city of Galveston a memorial addressed to the President, the Senate, and the Honse of 

Representatives of the United States in favor of a deep-water harbor of 

the first class at Galveston, Tex., which it is desired shall be considered in connection with the resolutions of the convention just read. I 

ask unanimous consent that the memorial, which is a very Taluable one as a statement of fa-cts, be printed in the RECORD. 

The PRESIDENT pro tempore. Is there objection? 

Mr. DAWES. I should like, before the Senator from Texas takes 

his ~eat, to call his attention to.. the peculiar phraseology of the reso- lution. While it may be a very proper thing, as I doubt not i~ is, to 

petition Congress for such an appropriation, to distinctly announce that no man shall have the vote of anybody unless he shall do so and 

so when he gets into Congress is an unusual phraseology to say the 

least. I call the attention of the Senator to it. 

Mr. COKE. That is the resolution verbatim of the Denver conven- tion. I will suggest to the Senator from Massachusetts that the peppie have ways of their own and do things to suit themselves. 

1fir. DAWES. But the propriety of sending such a public announce- ment to Congress and have it put upon the records here is a matter to 

which I call the attention of the Senator. It is very proper for the 

people to express their opinions and intentions about voting for men 

who entertain particular opinions. That is all well enough; hut to . announce in Congress upon what terms members of Congress can obtain the votes of the petitioners is an unusual phraseology. 

Mr. COKE. The re.'lolution, I will state to the Senator, was not 

sent to Congress by this convention. It was taken from a paper giving the proceedings of the convention. I presume if the convention 

had been addressing Congress it possibly might not have used that language, although I regard the language as being simply expressive of 

the very earnest desire of the convention on the subject. It simply 

emphasizes their wishes. , 

Mr. DAWES. I do not mean to say that there was any improper 

motive behind such phraseology, but it is precisely the phraseology 

that one would choose who did have improper motives; and therefore, 

if the convention did not send it to Congress and it is simply moved 

by the Senator from Texas, I do not regret that I have called his attention to the phraseology. · · 

Mr. COKE. Nor do I. regret, Mr. President, having presented the 

resolution. I think it is a very proper resolution. 

The PRESIDENT pro tempore. Is there objection to the request of 

the Senator from Texas that the memorial be printed in the RECORD ? 

Mr. HOAR. I should like to make one observation in regard to 

this matter. The memorial which has just been presented by tho 

Senator from Texas affords one among ten thousand evidences of tho 

close connection which bi'dds the business interests of this country. 

Some two or three years ago I was visited by the representative of a very important business firm in the city of Boston, having engaged in 

large trade with the State of Texas, who called my attention to this 

very improvement, and bespoke my interest in it, a.nd spoke of it as being of great interest to an important commercial house in the city of 

Boston, which I, with my colleague, represent here. 

It is a strong one among the many evidences of the great importance to all parts of this country, not merely .to special localities or sections, 

of improvements in the great. harbors and great rivers over which commerce among the States in this country and commerce with foreign 

nations in..part is conducted. I may here refer to what Mr. Webster 

stated in a speech of his made to his constituents at home after be br: d 

voted for a large expenditure to remove either a rock or a shoal in the 

harbor of Mobile. He received a letter from an enthusiastic constituent reproaching him. very severely for that vote in spending so large a sum of public money for a harbor so_distant from his own home. l\1r. 

Webster replied to him that however that might be, a very valuable 

\essel, with its cargo, belonging to a very near neighbor of the writer of 

the letter had been wrecked on that very shoal or rock in 1\Iobile Bay a few weeks before.