1888. CONGRESSIONAL RECORD-. HOUSE. 9101 

junior grade, in the Navy, from the 1st of July, 1888, vice Lieut. C. 

:M:cR. Winslow,. junior grade, promoted. 

Lieut. Charles Laird, junior grade, a resident of Ohio, to be a lieutenant in the Navy, from the 28th of September, 1888, vice Lieut. 

Robert H. McLean, resigned. . Ensign James H. Oliver, a resident of Georgia, to be a lieutenant, 

junior grade, in the Navy, from the 28th of September, 1888, viteLi~ut. 

Charles Laird, junior grade, promoted (subject to the examinations 

required by law). 

Passed Assistant Engineer George E. Tower, a resident of New York, 

to be a chief engineer in the Navy, from the 30th of June, 1887, vice 

Chief Engineer William J. Lamdin, retired (subject to the examinations required by law). 

Passed Assistant Engineer Hugh H. Cline, a resident of Maryland, 

to be a chief engineer in the Navy, from the 2d of December, 1887, vice 

Chief Engineer William S. Stamm, retired (subject to the examinations required by law). . Assistant Engineer Theodore F. Burgdorff, a resident of New Jersey, 

to be a passed assistant engineer in the Navy, from the 22d of June, 

1886, vice Passed Assistant Engineers H. L. Harvey and W. B. Boggs, 

deceased. 

Assistant Engineer William R. King, a resident of Maryland, to be a passed assistant engineer in the Navy, from the 17th of March, 1887, 

vice Passed .Assistant Engineers F.l\I. Ashton, deceased, and B. C. Gow-

•ing, promoted (subject to the examinations required by law). ·. Assistant Engineer Frank H. Eldridge, a resident of Ohio, to be a passed assistant engineer in the Navy, from the 30th of June, 1887, vice 

Passed Assistant Engineers .A.. Kirby and George E. Tower, promoted 

(subject to the examinations required by law). 

Assistant Engineer Charles C. Kleckner, a resident of Pennsylvania, 

to be a passed assistant engineer in theN avy, from the 30th June, 1887, 

vice Passed Assistant Engineers C. H. Manning and G. ~. Gates: re- tired. [NoTE: The retirement of Passed Assistant Engineers C. H. 

Manning and G. S. Gates entitled Assistant Engineer George W. Snyder to be prpmoted, and he was nominated by the President i:O December, 1884, to fill the vacancy, subject to the examinations required by 

-law. Snyder died before qualifying and the vacancy was·held for Assistant Engineer W. 0. Chrisman. This officer was unable to appear 

for his examination on account of illness, and he wa.s finally retired from 

active service on the 29th June, 1887. Assistant Engineer Kleckner 

is now entitled to fill the vacancy.] 

Assistant Engineer Edgar T. Warburton, a resident of Pennsylvania, 

to be a passed assistant engineer in the Navy, from the 1st July, 1887, 

vice Passed Assistant Engineers L. W. Wooster, retired, and J. Ent-

• wistle, promoted. Assistant Engineer William B. Dunning, a resident of New York, to 

be a passed assistant engineer in the Navy, from the 2d December, 

1887, vice Passed Assista-nt Engineers N. P. Towne and H. H. Cline, 

promoted. 

Assistant Engineer Robert I. Reid, a resident of Pennsylvania, to be a passed assistant engineer in the Navy, from the 19th June, 1888, vice 

Passed Assistant Engineers T. J. W. Cooper, deceased, and John C. 

Kafer, retired (subject to the examinations required by law). 

HOUSE OF REPRESENTATIVES. 

TUESD.A. Y, October 2, 1888. 

The House met at 12 o'clock m., and was called to order by Hon. 

JoHN B. CLARK, Clerk of the House, who said: The Clerk is in re- ceipt of a telegram from the Speaker of the House dated Lynch burgh, 

Va., stating that he missed a railroad connection this morning, and is 

therefore unable to reach the city in time for the meeting of the House 

to-day. Under these circumstances it is the duty of the Clerk to call 

the House to order. The only business now before the House is the 

election of a Speaker pro tempore to preside during the temporary ab- sence of the Speaker. 

ELECTION OF SPEAKER PRO TEMPORE. 

Mr. TURNER, of Georgia. I offer the resolution which I send to 

the desk. 

The Clerk read as follows: 

Resolved, That Hon. J. B. McCREARY, a Representative from the State of Ken- tucky, be, and he is hereby, elected Speaker pro tempore during the absence of 

the Speaker. 

The resolution was adopted. 

Mr. McCREARY, on taking the chair as Speaker pro tempore, was greeted with applause. 

Prayer was offered by Rev. J. H. CUTHBERT, D. D. 

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

NOTIFICATION TO THE SENATE. 

1\fr. TURNER, of Georgia. I offer the resolution which I ask the 

Clerk to read. 

The Clerk read us follows: 

Resolved, That the Clerk be directed to notify the Senate that the House has 

elect-ed Hon. J AME9 B. McCrtEAB.Y, a Representative from the State of Ken lucky, as Speaker pro tempore during the absence of the Speaker. 

The resolution was adopted. 

LEAVE OF ABSENCE. 

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

To Mr. ANDERSON, of Iowa, indefinitely, on account of sickness in 

his family and important business. 

To Mr. BROWNE, of Indiana, for the remainder of the session, on ac- count of ill health. 

To Mr. HIREs, indefinitely, on account of important business. 

To Mr. LEHLBACH, indefinitely, on account of important business. 

To :Mr. WILLIAMS, indefinitely. on account of important business. 

To Mr. PATTON, indefinitely, on account of important business. 

To Mr. HAYES, indefinitely, on account of important business. 

To Mr. WISE, indefinitely, on account of important business. 

POWERS OF UNITED STATES COURTS. 

Mr. ROGERS. I rise to present a privileged report from a committee of conference, which I ask the Clerk to read. 

The Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses on the bill of the Senate No. 3234, entitled ".A. bill to abolish circuit-court powers of 

certain district courl,s of the United States,and for other purposes," having met, afte~ull and free conference have agreed to recommend and do recommend to thei espective Houses as follows: T at the Senate recede from its disagreement to the amendment of the House of Representatives and agree to the same amended to read as follows : "That there shall be, and is hereby, established a circuit court of the United 

StateS' in and for the western district of Arkansas, for the nort-hern district of 

Mississippi, and for the western district of South Carolina, respectively, as the 

said districts are now constituted by law. And terms of said circuit courts, r~ 

spectively, shall be held at the times and places now provided by law for the 

holding of the district courts in said districts, respectively. And terms of the 

circuit court shall be held also. at Helena, in the eastern district of Arkansas, at the same times the district court is now required by law t.o be held; and also at the 

times and places in West Virginia where the district court is now provided by 

law to be held. 

"SEo. 2. That said circuitcourts, respectively, shall have and exercise, within 

their respective districts, the same original and appellate jurisdiction as is or may be conferred by Ia w upon the other circuit courts of the United States. And 

all suits, causes, and proceedings now pending in the said several respective district courts, and also in the district court of the district of West Virginia, and 

also in the district court of the eastern district of Arkansas. held at Helena, in 

and concerning which the said district courts exercise circuit-court powers, shall be transferred to and belong to the jurisdiction of said circuit courts, respectiyely, and shall be proceeded with accordingly. 

"SEC. 3. That there shall be appointed for each of said circuit courts in this act mentioned, by the circuit court judge of the circuit in which said districts are I'espectively embraced, a. clerk:, who shall take the oath and give the bond r~ 

quired by law for clerks of circuit courts, who shall discharge all the duties and 

be entitled to all the fees and emoluments prescribed by general law. And the 

marshals of the United States in and for said respective districts shall a.ct as marshals of said circuit courts, and the district attorneys of t.he Unit-ed States 

in and for said respective districts shall discharge the duties of district attorneys 

in said circuit courts. Hereafter all appointments of clerks of circuit courts of 

the United States shall be made by the circuit judges of the t·espective circuits 

in which such circuit courts are or may be hereafter established; and all prons. ions of Ia.w inconsistent herewith are hereby repealed. "SEc. 4. That said circuit courts, respectively,shal1 have power to make such 

orders and directions as shall be proper for the transfer from said district courts of all causes, proceedings, matters, records, files, and papers as by force of this act should belong to the said circuit courts. "SEc. 5. That the provisions of the act entitled "An act to amend sections 533, 

556, 571, and 572 of the Revised Statutes of the United States relating t<> courts in Arkansas and other States," approved January 31, lffl7. conferring upon the 

district courts named therein circuit-court powers, and section 571 of the Re- vised Statutes of the United States as amended by said last-mentioned act, and. all provisions of law inconsistent with any of the provisions of this act be, and 

the same are hereby, repealed. 

"SEc. 6. That hereafter in all cases of conviction of crime the punishment of 

which provided by law is death, tried before any court of the United States, the 

final judgment of such court against the respondent shall, upon the application 

of t.he respondent, be re-examined, reversed, or affirmed by the Suprerue Court 

of the United States upon a writ of error, under such rules and regulations as said court may prescribe. Every such writ of error shall be allowed as of right; 

and without the requirements ofanysecurityfortheprosecution oft he eame or for costs. Upon the allowance of every such writ of error, it shall be the duty of the 

clerk of the court to which the writ of error shall be directed to forthwith trans- mit to the clerk of the Supreme Court of the United States a certified transcript 

of the record in such case, and it shall be the duty of the clerk of the Supreme 

Court of the United States to receive, file, and docket the same. Every snch 

writ of error shall, during its pendency, operat-e as a stay of proceedings upon the judgment in respect of which it is sued out. Any such writ of error may be 

filed and docketed in said Supreme Court at any time in a term held prior to the term named in the citation as well as at the term so named; and all such 

writs of error shall be advanced to a speedy hearing on motion of either party. 

When any such judgment shall be either reversed or affirmed the cause shall 

be remanded to the com·t from whence it came for further proceedings in a.a. cordance with the decision of the Supreme Court; and the court to which such cause is eo remandecl shall have power to cause such judgment of the Supreme 

Court to be carried into execution. No such writ of error shall be sued out or granted unless a petition therefor shall be filed with the clerk of the court in 

which the trial shall have been had during the same t erm or within such time, ' not exceeding sixty days next after the expiration of tho term of the court at which the trial shall have been had, as the court; may for cause allow by order 

entered of record. . "SEc. 7. This act shall take effed and be in force from and after the 1st day 

of November, A. D. 1888.'' And that the title of said bill be amended to read ns follows: "An act to abolish circuit-court powers of certain distrid courts of the United Stat-es, and to provide for writs of error in capital cases, and for other purposes;" and that 

the House agree to the same. JOHN H. ROGERS, 

WILLIAM E. FULLER, 

Managers on the part of the House. 

GEORGE F. EDMUNDS, JAMES F. WILSON, 

Manager1 on the part of the Senate~ 
9102 CONGRESSIONAL RECORD-HOUSE. OCTOBER 2, 

, The statement of the House conferees, su omitted in accordance with 

the rule, was read, as follows: The managers on the part of the House upon the disagreeing votes of the Sen- ate and House on Senate bill 3?..34. make the following statement of the effect of the report agreed upon by the conference committee. The e1fecl of the agreement of the conference is to com binethe bill of the Sen- ate with the amendment of the House. thus presenting a. bill which provides that circuit courts shall be held at Helena, in the eastern district of Arkansas, Fort Smith, in the western district of Arkansas; for the northern district of Mi issippi, the western district of SOuth Carolina., the district of West Virginia. at Charleston, Cla.rksburgh, and Wheeling, at all of which places district courts, with circuit court powers, are now held. and at Clarksburgh, where a. ilistrict courtisnowheld, but which has no circuit court powers, whereby all these courts are put on the R&me footing with all other courts, and the judicial system in this regard rendered uniform throughout the United States. It also provides for writs of error, in capital cases, to the Supreme Court of the United States, and prescribes the practice in such cases. A section is added, providing that the act shall go into effect from and after the 1st. day of November, A. D. 1888. JNO. H. ROGERS, JOHN S. HENDERSON, WM. E. FULLER. Managers un tke part of the House. 

1\Ir. ROGERS. · Mr. Speaker, the conference report is unanimous, 

although one member of the Senate and one member of the House was not present at the time it was concluded, and could not sign it. If 

there is any matter reQuiring an explanation which is not embraced in 

the statement accompanying the report, which I do not think~s the 

case, I shall be very glad to answer any question which gentTemen , may desire to propound. If not, I move the previous question '()n the 

adoption of the report. . Mr. DINGLEY. .Before that let me ask a question. I understand 

this is a unanimous report. 

Mr. ROGERS. It is, sir. 

Mr. DINGLEY. I have no objection. 

Mr. ROGERS. It is the unanimous report, although the gentleman 

. from North Carolina. [Mr. HENDERSON] and Senator VEST were temporarily absent and did not sign the report; but it is agreed upon by 

all the conferees, and the statement of fact is signed by all {)f them. 

The pre-vious question was ordered, under the operation of which the 

report was adopted. 

Jill:. ROGERS moved to reconsider the vote by whiCh the report was 

adopted; and also moved that the motion to l:'econsider be laid on the 

table. 

The latter motion was agreed to. 

ENROLLED ":Bn..L SIGNED. 

.Mr. KILGORE, from the Committee {)n Enrolled Bills, reported 

that they had examined and found duly enrolled a bill of the following title; when the Speaker pro tempore signed the same. namely: 

A bill (H. R. 10540) making appropriations for sundry civil ex- penses of the Government for the fiscal year ending_June 30, 1889, and 

ment, that Congress has recognized from time to time in the past, by 

the adoption of similar measures of a temporary character, the ne- cessity for granting leave under such conditions as this amendment 

preseribes. Several times in the past leave has been granted to the 

homesteaders upon the frontier to be absent from their claims for a certain length of time on account of ru:ought or other casualties. The 

trouble, however, with tempora.ry measures is that frequently the dry 

weather comes upon one section of the frontier, which the House will 

remember extends from the British possessions to the Gulf, when Congressdoesnotmeetuntil the following December; and when dry weather .strikes any :portion of the frontier and the crops are ni:cessarily deskoyed, the homesteader is compelled to abandon his settlement for 

the time being in order to secure a living. The object of this amendment, therefore, is to give the registers and receivers of the public land 

office permission to grant these leaves of absence on .account of drought {)I {)ther casualty to the homesteaders; but it also provides that any 

such time during which the leave of absence is granted shall not be 

taken from the time that they are required to live upon the homestead 

before 1inal proof. I apprehend that there is no ()bjection to the provision. It is a permanent instead of a temporary measure. :Mr. McRAE. I hope the amendment will be adopted. .Mr. DORSEY. I would like to ask the gentleman this question: 

Does not the bill which has passed the House and is now pending in 

he Senate, the public-land bill, provide for leave of absence? 

Mr. TURNER, of Kansas. In reference to that- • The.SPEAKERpro tempore. The question is·on theadoption of the 

.amendment proposed by the £!entleman from Kansas • The amendment was.adopted. 

Mr. HERMANN. I offer the following .as .section .3. 

The Clerk read as follows; 

That all public lands heretofore designated as double minimum uud-er the homestead and pre-emption laws are .hereby redllced to the uniform price ot 1.25 per acre. 

The amendment was adopted.. 

]')!r. PEEL. I desire to offer the amendment .hi~h I send to the 

Clerk's desk. 

The Clerk read as follows: 

That from and after the pas ageofthisnc.tanyhomesteadsettler who has en- tered less than one quarter--sect] on of land may enter other and additional land lying contiguous to the ori.,oinal entry, which shall not, with the lami first en- tered and occupied, exceed in the aggregate 160 acres; or if sueh person so elect he or she may surrender the lands so entered to the United b'ta.tes for can- cellation and thereupon be entitled to enterlandsunderthe homestead law the same as if the surrendered entry had not been made; and flDY person who may make said additional entry, or the new entry after surrender and ~oellation, 

shall be allowed to do so without payment of fees and commissions; and the residence and cultivation of such person upon and ofthe lands embraced in the 

original entry shall be considered residence and cultivation for the same lengt,. of time npon and of the land entered in his additional or .ne...,. entry, and shall be ded~cted from the time of residence .and eulti-vation required bylaw: Provid-ed., 

That if final proof of settlement and cultivation has been made for the ori!!inal 

AMENDMENT TO LAND LAWS. entry when the additio"'"l.al or new entry is made, then no further pr~or shall be required and patent shall issue. 

for ~ther purposes. 

The SPEAKER p~·o tempore laid before the House the bill (S. 3559) Mr. PEEL. I '()nly desire to say tlmt this amendment .has been apto amend section 2304 of the Revised Statutes to allow persons who proved by the committee. 

have abandoned or relinquished their homestead entries to make an- Mr. McRAE. This amendment is substantially one section of the 

other entry; which was read a first a.nd second time. general bill. It is j nst and proper and I hope it will be adopted. 

Mr. McRAE. Ur. Speaker, I ask unanimous consent to consider ]')fr. NELSON. I should like to ask a question of the gentleman 

that bill now. I will state that this is substantially apart of the gen- from Arkansas [Mr. PEEL], who introduced this amendment, and also 

eralland bill already passed by the House, and there is no objection of the gentleman who called up the bill [Mr. McRAE], and that is, 

to it. It bas passed the Senate in this form, and I ask that it be taken does this allow an additional homestead to be made of la.nd by the 

up and considered now. homesteader? 

The SPEAKER pro tempore. The bill will be read, subject to the Mr. McRAE. It does not unless contiguous or the other is canceled; 

right of objection. it gives those outside of the r.ailroad limits the same privilege as those 

The bill was read, as follows: inside. 

That any person who has notheretoforeperlected titletoatractofla.nd which .Mr. NELSON. Because if it does, it would require un addition to 

he bas made filing upon under the pl'e-emption law or entry of under the home- the land-scrip. end law, may make a homestead entry of not exceeding one quarter-section of public land subject to such entry, such previous filing or entry to the con- Mr. McRAE. It does not .allow scrip at all The subs.tan.ce of the 

tmry notwithst anding; but this right shall not apply to pel"SSns who perfect amendment has had the approval of the committee. title to lands under the pre-emption or homestead laws nlready initiated. The .amendment was adopted~ 

The SPEAKER pro tempm·e. Is there objection to the present con- Air. McRAE. I move the previous question on the passage mihe 

sideration of the bill? bill. 

There was no objection. The previous question was ordered, and under the operation thereof 

.Mr_ :McRAE. .For the purpose of an amendment I yield to the gen- the bill was ordered to a third reading; and it was accordingly read 

tleman from Kansas [Mr. TURNER], retaining the ftoor except to per- the third time, and passed. 

mit him to do so. He desires to make an amendment, which was also Mr. McRAE moved to reconsider the .vote by which the bill was passed upon by our committee, and seems satisfactory to everybody. passed; and also moved that the motion to reconsider be laid on the 

Mr. TURNER, of Kansas. I move the following amendment: table. 

The Clerk read as follows: The latter motion was agreed to. 

A<ld as section 2 of the bill: Mr. McRAE. I ask that a conference with the Senate an the n.mend- "That wheneve r it shall be made to appear to a. register and receiver of a.ny ments be requested. 

public land office, under such regulations a the Secretary of the Interior may Th SPEAKER Th 1 b ~ b · prescribe, that any settler upon the public domain under existing law is unable e • pro tempore. at can on Y e uone Y unnnlill.OUS 

by reason of drought, whole or partial destruction of crops, sidcness, or other consent. 

~:~~~~~~:.~!{s~he~~~~:~~!!!i!~:!;~!n~uoch~~~e~:~~~~ :air. DUNN. I think that is scarcely in ~rd&· at this time. The of n.bsence from the claim upon whi ch they have filed for a. period not exceed- Senate may agree to ~hese amendments. 

ing one year u any one time; and such settler so granted leave of absence shall lli. McRAE. I withdraw the :request "for a conference. forfeit no rights by reason of such absence, provided thn.t the time of such actual I absence shall not be deducted from the actual residence required by law. BRIDGE ACROSS COOSA RIVEn, ALABAMA. 

Mr. TUR~ of Kansas. Mr. Speaker, I desire to say simply to Mr. FORNEY. · I ask unanimous consent to discharge the Committhe House, in or-der that it may understand the purport of this amend- tee of the Whole from the considemtion of the bill (H. R. 11338) to 
1888." CONGRESSIONAL RECORD-HOUSE. 9103 

authorize the construction ()fa. bridge across :the CoOsa River .at Gadsden, in the State of Alabama, and that it be considered at this time. 

There are some amendments offered by the Committee Qn Commerce. 

I ask the adoption of these amendments. 

The SPEAKER pro tempore. The Clerk will read the bill1 after which 

.the Chair will ask for objections. 

The bill was read, as follows: 

MESSAGE FROM THE SEN.A..TE. 

A message from the Senate, by :Mr. McCooK, its SeCietary, announced that the Senate had agreed to the report of the committee of 

conference on the di~reeing votes of the two Houses on the amendments of the House to the bill {S. 869) for the relief of the sufferers by 

the wreck of the United States steamer Tallapoosa. 

The message also announced that the Senate had agreed to the Hous&' 

Be it enacted. ete., That the .Anniston nnd Cincinnati Railroad, a .corporation concurrent resolutio. n to print the report of the Smithsonian Institution created and exist-ing nnder the laws of the State-of Alabama, having constructed in accordanc:e with the regulations of the Secretary of War a bridge, and ap- and the National Museum for 1886 and 1887. 

pl'Oa.ches thereto, over theCoosa River, at or nearGadsdeu, in Etowah County, The message further announced that the Senate had passed with 

onn.directlinefrom.A.nniston,inCa.lhounConnty,toA.ttalia,inEtowahConnty, d ts th · · t 1 ti (H Res 101) "d' fi th · • in the State of Alabama, said oompany is hereby authorized to keep and main- amen men e JOID reso u on • · proVl mg or e pnn.,.. 

ta.in the same. Said bridge shall be maintained so as to provide for the passage ing of decisions of the Department of the Interior regarding public 

of railway trains, and, at the option of the corporation by which it is built, may lands and pensions for sale. 

be used for the passage of wagons and vehicles of all kinds, fo:r the transit of The message also announced that the Senate had passed the J. oint animals, and for foot passengers upon conditions to be agreed upon between 

said corporation and the county commissioners' court of the said connty of resolution (H. Res. 210) authorizing the printing of the report of the 

Etowah and approved by the Secretary of War. Commissioner of Labor. 

SEc. 2. That the bridge authorized under this act and subject to its limitations The IDeSSa·!!e also announced that the Senate had passed bills of the ·shall be a lawful structnl'e, and shall be recognized and known as a post-route, ~ 

and shall enjoy the rights andprivilegesof other post-roads in the United States. House of the following titles: 

That no higher charge shall be made for the transmissiouoverthe sam.e of the A. bill (H. R. 2696) for the reliefpf John J. Crooke; and 

mail, troops, and munitions of war of the United States, orforthroughrailway A bill (H R 5248) £ th li f f th Am · G .Ass · passengers or freight passing over said bridge, than the rate per mile for their • • or e re e 0 e encan rocer OClatransm.ission over the railroad leading to said bridge, and equal privileges in , tion, of the city of New York. 

the use of snid bridge shall be granted to all telegraph companies, and the The message further announced that the Honse be requested to re- United States shall have the right of way across said bridgefo.r posW-telegraph · t th S te th b"ll (S 577) fi th ~ f 4!' tb A · G 

purposes; that the S!lid bridge shall, either by draw, span, or otherwise, provide turn ° ~ ena e 1 • or e. re.ue o~ e me.ncan ro- and secure a. free and unobstructed passage-way to all water-craft navigating eer Association, of the city of New York. 

said river at the point aforesaid: Provided, That said bridge authorized by this The message also announced that th~ Senate had passed, with amendact being constructed as adra.w-b.ridge thedrawshallbeopened promptlyupon ment, the bill (H. R. J.0633) for the relief of Dr. John B. Read·, asked reason 'I ble signals for the passage of boats o:r vessels, and sa..id corporation shall 

maintain, n.t its own expense, from sunset to sunrise, such lights or other sig- a con.ferenee with the House .on the disagreeing votes of the two 

n:U.s on said bridge as the Light-House Board shall preseribe. Houses, and had appointed Mr. M.ANDERSON, . Mr DAVIS, .and Mr. 

SEc. 3. That all railroad companies desiring the nse of said bridge shall have "D". ,~ -~ th ~n..+ f th S te and be entitled to equal rights and privileges relative to the passage of railway .ll1Ulll'".L0N as CO.llierees on e ..,...._ u 0 e ena · trains over the same, and over the approaches thereto, upon the payment of a. The message further announced. that the Senate non-concurred in 

reasonable eom pensation for such use; and in ease the owner or owners of said the amendments of the House. to the bill (S. 307) for the relief of Marbridge and the several railway companies, o.r a.ny one of them. desiring such garet Kennedy,· .asked a conference with the Honse on the disagreeing use, shall fail to agree upon the sum or sums t-o be paid, and upon rules and 

conditions to which each shan conform in using said bridge, all matters in issue votes of the two Houses thereon, and had appointed Mr. STEW ART, 

between them shall be deeided by the Secretary-of War upon the hearing of Mr. SPOONER, and Mr. JONES as the conferees on the part of the Senate. 

the allegations and proofs of the parties. Th fi:..._.h d th t th S t h d d S te SEo. 4. That the bridge authorized nnder this act having been bnilt and lo- e message un er announce a e ena e a passe ena 

cated under and subject to the regulation for the security of navigation of said bills and joint resolutions of the following titles; in which the concurriver, such as the Secretary of War has prescribed; and to secure that object renee of the House was requested: 

thesaidcompa.nyhaving submitted to the Secreta.ry-ofWarfo.rhisex:amina- A bill (S 3597) t ·a f, th ..::~~- l fth F tWall mill" tion a.nd approval the design and drawings of the bridge and a map of the lo- 1 

1 • 0 proVI e or e ~posa; 0 e or • ace · - cation, giving the topography of the banks of the river, the shore-lines .at high tary reservation in Kansas; .. · 

and low water, the direction and strength of the CUlTent at all stages, and the A bill (S. 3573) granting the right of way to the Pensacola and Mem- soundings, accurately showing the bed of the stream, and the a&id phm a.nd lo- h · D-fuo d Co d thr h th bli 1 d f th U •t d cation of the bridge having been approved by the Secretary of War, it is hereby P 18 L\.(;1> a mpany over an oug e pu C an SO e m e provided that should any change be made in the plan of said bridge such change States in the States of Florida, Alab.ama, Mississippi, and Tennessee, 

shall be subj~t to the appi'?val _of the Secretary of W~; a.nd. if ~Y litigation and granting the right of way to said railroad company-over and through 

sha,ll be had ~regard to sat? b~td~, ~e.Ba!Ue shJ_ill b~ m the CJ.rcn1t I!Ourt of ~e the United States naval and military reservations near Pensacola in the 

Uwted States m whose tezntorialJurisdiclion sa1.d bndge or anypa.rtthereofiS 04--t f~ "d • 1 

located. ' ow. e () .1.' JOn a; 

SEc. 5. That the--right t.o a.J..ter, amend, or repeal this act is hereby expressly .A. bill (S. 34.85) restorinO' tbe homestead right of Charles Weitfle; reserved, and any alterations or cha;ngeBtha.t..ma.y be required by the Secretary d -o 

of War in the bridge constructed nuder this act oiliall be xnade by the -COl'pora- an . . . . . tiou owning or controlling the same at its own expense. · .Jomt resolution (S. R. 112) authoTIZJ.Dg the Secretary of War to reThe amendments proposed by the committtee are in section 4, lines ceive for instru~ion at the :Military Academy, at West Point, Henry 

1 and 2: strike out'' having been'' and insert "shall be;" also, in Lecomte, of SWitzerland. 

lines 2 and 3 of the same section, strike out "the regulation" and in- The message further announced t~t the Senate ha~ n~ed to the 

sert "such regula.tions;" in line 4, after the word "river," strike out amendments of the Ho~ to Sen~te bills of the followmg titles: 

the word "such; " in the same line! strike out the words u has pre- A bill (S. 330) grantu:g a peDSI~n to Manon V angordon; 

scribed " and insert "may prescribe;" in lines 5 and 6, strike out A bill (S. 1264) gran~g a p~on to ~ V. Coleman; ~d 

the words "having submitted" and insert the words "shall submit;" A bill (S. 3141) granting an mcrease ofpellSlon to Jonas Doenng. 

in line 11, after the word "and" strike out "the" and insert "un- ALFRED .ALCORN. 

til; " in line 12, strike out the word " having " and insert "'shall 

have;" in lines 13 and 14, strike ont the words "it is hereby provided that should any" and insert "s~id bridge shall not be built; 

and if any; " so that the section will read: 

SEc. 4. That the bridge authorized under this act sliall be built and located 

nnder and subject to such regulations for the secnrity of navigation of said river as the Secretary of War may prescribe; a.nd to secure that object the said com- pany shall submit to the Secretary of War for his examination and appl'Oval the 

design and drawings of the bridge and a map of the location, giving the topog- raphy of the banks of the river, the shore-lines at high and low water, the direction and strength of the current a.t all stages, and the soundings, accurately •showing the bed of the stream, and until said plan and location of the bridge shall have been approved by the Secretary of War, said bridge shall not be 

built; and if any change be made in the plan of said bridge. su.ch change shall 

be subject to the approval of the Secretary of War; and if any litigation shall be had in regard to said bridge, the same shall be in the circuit court of the ~~\~~~tates in whose territorial jurisdiction said bridge or any part thereof is 

It also proposed to·add the following as section 6 of the bill~ 

SEc. 6. That if actual construction of the bridge herein authorized shall not be commenced within one year from the passBe,.o-e of this act, and be completed 

within three yea.rs from the same date, the rights and privileges hereby granted shall cease, and this act shall be null and void. 

There was no objection to the consideration of the bill 

The SPEAKER pro tempore. The question is on the adoption of the 

amendments proposed by the committee. 

The amendments were agreed to. 

The bill as amended was ordered to be engrossed and read a third 

\time; and being engrossed, it was accordingly read the third time, and 

passed. · 

Mr. FORNEY moved to reconsider the vote by which the bill was 

passed; and also moved that the motion to reconsider be iaid on the 

table. 

The latter motion was agreed to. 

Ur. ROCKWELL. Mr. Speaker, I ask unanimous -consent to call 

np House bill 9874, for the relief of the ad..m.inistrator of Alfred Alcorn. 

The bill was read, as follows: 

Be it enaelcd, elc., That the Secretary of the Treasrn·y be, and he is hereby, au- thorized and directed t.o pay to the administrator of .A.l!red Alcorn, of Lineoln 

County, Kentucky, out of any money in the Treasury not otherwise appl'Opri- ated, the sum of 5330, for property taken and used by the United States troops duxing the late war. 

The report (by Mr . . L.A. WLER) was read, a.s follows: 

The Committee on War Claims, to whom was referred the bill (H. R. 9874) for 

the relief of the administra.ter of Alfred .A..lcorn, report as follows: In August, 1862, the Eighth Kentucky Cavalry Volunteers took from the de-" 

eedent, at or near the town of Hustonville, Lincoln Connty, Kentucky, three 

horses, assessed at sno ea ch. 

Claimant filed his claim in the office of the Quartermaste~eneral, under the act of July 4, 1864. The claim was referred to an agentforexaminatiim andreport; and on June 28, 1884, the agent reported that the horses were taken from. 

the claimant and turned ·over to Company C, Eighth Kentucky Cavalry, and 

recommended that the claimant be paid ~0, provided the loyalty of the dece-

.dent is established. 

The claim was disallowed on May 22, 1885, by the Qut~.rtermaster-6-e.neral, for 

the reason that he was not satisfied as to the loyalty of the decedent. Y-our <lOmmittee are satisfied that great injustice was done the claimant, and that he was a loyal citizen, and report back the bill an d recommend its passage. 

The SPEAKER pro tempore. Is there objection to the present consideration of this bill? 

There was no objection. 

The bill was ordered to be engrossed a nd rea.d a third time; and 

being .engrossed. it was accordingly r ead the third time, .and passed. 

Mr.. ROCKWELL moved to l'eCOnsider the vote by whicll the bill was passed; and also mo\"ed that the mooon to reconsider be laid on the table. 

The latter motion was agreed to. 
9104 CONGRESSIONAL RECORD-HOUSE. 0CTO]}ER 2, 

.AID TO SUFFERERS FROM YELLOW FEVER. 

1\fr. BURNES. ?t!r. Speaker, I rise to present a privileged report. 

The report was read, as follows: 

The committee of conference on tl~e disagreeing votes of the two Houses on the joil1t resolution (S. R.UO) entitled "Joint resolution in aid of sufferers from 

yellow fe'\'er, " having met, after full and free conference have agreed to recom- mend and do recommend to their respective llouses as follows: 

'l'hat the House recede from its amendment to the resolution of the Senate, 

and agree to the same amended as follows: In lines 5, 6, and 7, strike out the 

words " in t.be relief of the su1l'ering caused by yellow fever now prevailing in 

the State of Florida. or elsewhere in the United States" and insert the words 

"whenever in his opinion such expenditure will tend to the eradication of the 

epidemic of yellow fever now prevailing in the United States, or its spread 

from State to State;" and the Senate agree to tile same. 

JAMES N. BURNES, 

J. C. CLEMENTS, 

THOMAS RYAN, Managers on the part of the HO'USe. 

GEO. F. EDMUNDS, 

Wl\I. B. ALLISON, 

F. M. COCKRELL, 

Managers on the part of the Senate. 

Mr. BURNES. Mr. SpeakerMr. KILGORE. I. ask the gentleman from Missouri to yield to me for ~ moment. I am not going to make any fight against this resolution, but I want to submit a point of order. If gentlemen have not 

chosen to pursue the proper rule to get this report before the House, 

then of course they must take the consequences, and my point of order 

goes to that question. It will be remembered that the Senate passed a joint resolution authorizing the President to expend $100,000 for the 

relief of the yellow-fever sufferers. That resolution came to the House, 

but it was not considered by the House; on the contrary, the House 

refused to consider it. Subsequently a resolution entirely different 

in terms and for an erttirely different purpose, appropriating $100,000~ 

did pass the House and was sent to the Senate. 

Mr. BURNES. Mr. Speaker, my friend from Texas is in error as"' to 

the facts, and probably I had better correct him at this point. 

Mr. KILGORE. I would rather the gentleman would wait until I 

get through. 

Mr. BURNES. Perhaps you had better let me make a correct statement of the facts now. Mr. KILGORE. Let ~emake mystatementand then you can make 

yours. • Mr. BURNES. All right. 

Mr. KILGORE. That resolution, I say, went to the Senate, and the 

Senate, on motion of Senator ED!IUNDS, !believe, refused to concur in 

the House resolution and asked for a committee of conference. 

Now, the point I desire to submit isthatthatwas notanamendment 

to the Senate resolution. The Senate could, of course, reject the House 

resolution; but it was not competent for them to appoint a conference 

committee upon it, because it was not an amendment to the resolution 

passed by the Senate. It may be contended that it was in the nature 

of a substitute, but it was for an entirely different purpose from the 

Senate resolution, and I raise the point of order that it was not properly before a committee of conference, because there was no disagreement between the two Houses upon any proposition. 

Mr. BURNES. My friend from Texas is in error simply with regard 

to his facts. I presume that his point of order would be good if his 

facts were good. The Senate resolution came over to the House and was referred to the Committee on Appropriations. The Committee on .Appropriations, after considering the joint resolution sent here from 

the Senate, reported a resolution as a substitute which was in the 

nature of an amendment to the original Senate resolution, and the 

substitute, or the amendment-because it was nothing but an amendment of the joint resolution sent over here by the Senate-was considered in the House and passed, ~nd was sent back to the Senate as an amendment to the Senate joint resolution. Hence the necessity for 

the conference. 

Mr. ROGERS. Mr. Speaker, I rise to a parliamentary inquiry. Do 

I understand that the Senate non-concurred in the substitute adopted 

by the House and asked for a conference? 

Mr. BURNES. Yes, sir. 

Mr. FARQUHAR. The gentlcmanfrom Texas [Mr. KILGORE] also stated that the House refused to consider the Senate resolution. If 

my memory eerves me right, the gentleman from Texas himself was the only objector to its consideration. I merely suggest that objectors 

ought to have long memories. 

Mr. DOUGHERTY. Mr. Speaker, the position of the joint resolution and the circumstances attending its passage through this House 

have been correctly stated by the gentleman from Missouri [l'IIr. 

BURNES]. The gentleman from Texas [Mr. KILGORE] is mistaken in 

his statement that the resolution was not considered by the House. 

The Senate joint resolution came into this House and, upon a request 

made by me for unanimous consent for its consideration, the gentle- man from Texas objected; whereupon the joint resolution, under the 

rule, was referred to the Committee on Appropriations. That com- mittee reported back an amendment in the nature of o. substitute. 

That substitute passed the House and was sent to the Senate. The 

Senate non-concurred in the amendment, and hence the conference. 

So that the resolution is no:w properly before the House, and the questjon is upon the adoption of the conference report. I desire to take 

this opportunity--

Mr. BURNES. I suggest to the gentleman from Florida that he wait 

until the Chair rules upon the point of order. 

Mr. DOUGHERTY. · Does the gentleman from Texas [Mr. KILGORE] insist upon the point of order? 

Mr. KILGORE. Yes, 1:1ir. 

Mr. DOUGHERTY. Then I will wait for the ruling of the Chair. 

Mr. KILGORE. Ur. Speaker, I want to make some observations in 

reply to what bas been said here before the Chair rules upon the point 

of order. I do not disagree with the gentleman from Missouri [Mr. 

BURNES] nor with the gentleman from Florida [Mr. DoUGHERTY] as to the facts in this case, but the understanding was that the Senate reso- lution was o~jec_ted to becaus~ it was not thought to be in conformity 

to the ConstitutiOn of the Umted States. -

The gentleman from Florida [.Mr. DouGHERTY] has stated the facta as I remember them. The matter went to the Committee on Appropriations, and that committee reported an original xesolution which was supposed to be in harmony with the Constitution-a resolution 

completely ignoring the proposition contained in the resolution which came from the Senate. 

Now, I wish to submit this view of the question: Suppose this reso- lution had been considered and defeated in the House, then the resolution which was reported by the Appropriations Committee and which 

passed the House would have been in order, because it was an entirely 

different proposition from that which came from the Senate. If the 

Senate resolution had been defeated, and it had been competent to present the resolution reported by the Committee on ..Appropriations, and 

it had been found to be in order, then, I submit, it would not have been 

in order for the Senate to non-concur in it as an amendment or a substitute and ask for a conference committee. I therefore submit that 

this matter is not properly before the House. 

Mr. WHEELER. .Mr. Speaker, I hardly think it necessary to oc- cupy the time_ of the House in discussing this subject with reference to 

the understanding as to what transpired when this bill was before the 

House on a former occasion. 

1\Iy recollection is very clear that the circumstances have been very 

accurately stated by the gentleman from Missouri [Mr. BURNES]. 

That gentleman had charge of the bill, was specially careful to adhere 

to the rules of the House, and I feel justified in asserting that he does 

not often make parliamentary mistakes. 

I am surprised that any member of this House should attempt to 

enforce such a point of order.at such a time as this, and for the purpose of defeating a bill which I am confident bas the approval of the 

entire countcy. There can be no doubt that the point of order is not 

well taken, and should be and will be overruled. 

Mr. BURNES. I beg to submit to my friend from Alabama that il 

he will suspend his remarks upon the merits of the proposition until 

the point of order shall be settled he shall then have time for discussion. 

Mr. WHEELER. I am quite confident the point of order will be 

overruled, and was afraid I would not have a chance. [Laughter.] 

I presumed that after the point of order was settled the gentleman 

in charge of the resolution would call the previous question, and I desired before that was done to express to the House my views of the 

great importance of the immediate passage of the measure. Mr. BURNES. I assure my friend he shall have a chance. 

Mr. WHEELER. I shall detain the House but a moment. I wish 

to disabuse the minds of some gentlemen who appear to regard this measure as solely for the benefit of the locality where yellow feyer now exists. 

The scope and purpose of the bill is more far· reaching. It is to prevent the spread of this deadly disease. It has for its purpose the protection of the people of New York and Pennsylvania in the East as well as the people of California in the West. 

It is to protect the people of all the States, especially including those 

of the State of Texas. 

The sentiment of the country demands immediate action, and I feel 

confident our constituents will neither countenance nor sanction any 

further motions of a dilatorv character. 

I think the resolution should pass by the unanimous vote of the 

House. The SPEAKER pro tempore. The Chair is of opinion that, even if 

the point of order could be raised, it comes too late; it should have 

been raised before the committee of conference was appointed. The 

committee has been appointed on the part of the House and the Senate, 

and has made its report. It is now too late to make a. point of order 

upon the report of the committee. Therefore the Chair overrules the 

point of order. The question is upon agreeing to the report . . Mr. BURNES. :Mr. Speaker, I yield such time to my friend from 

Florida [Mr. DouGHERTY] as he may desire. · Mr. DOUGHERTY. Mr. Speaker, I merely desire to express to this 

House the thanks of the people whom I ha:ve the honor to represent 

for the liberal spirit exhibited here by the representatives of the coun- try in amply providing money for combatin~, as far as possible, the 

scourge of yellow fever in the State of Florida. Like most of the 

gentlemen here, I do not know when Congress intends to adjourn--
1888. CONGRESSIONAL RECORD- HOUSE. 9105 

Mr. WHEELER. After we p!lSS the tariff bill. 

:Mr. DOUGHERTY. I will, however, consult with the authorities 

of the Government and ascertain whether or not sufficient money bas 

been appropriated to carry out during a recess of Con~ress (if there 

should be such a thing) the intention of the Government in reference 

to this subject. If the amount of money should not be deemed sufficient, I will, by bill, resolution, or otherwise, bring the matter again 

before this House. I feel sure that this body is not disposed to be niggardly on this question; that it appreciates the importance of restricting as far as possible the spread of yellow fever and alleviating the sufferings from it, not only in the Sta.te of Florida, but in the other sections 

of the country which are reported to be infected. 

I again return thanks, on behalf of the people I have the honor to 

represent, for the liberality exhibited by Congress in this matter. 

Mr. BURNES. I call the previous question on agreeing to the report. · 

The previous question was ordered; and under the operation thereof 

the report was adopted. 

Mr. BURNES moved to reconsider the vote by which the report was 

adopted; and also moved that the motion to.reconsider be laid on the 

table. • 

The latter motion was agreed to. 

LEAVE OF ABSENCE. 

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

To Mr. WARNER, for ten days, on account of important busine~s. 

To Mr. FORAN, indefinitely. 

To Mr. KELLEY, indefinitely, on account of impol;tant business. 

To Mr. KERR, indefinitely, on account of important business. 

CEMETERY LAND IN DENVER, COLO. 

Mr. PAYSON. I rise to make a privileged report. I present a conference report upon the bill which I send to the Clerk's desk. 

The Clerk read as follows: 

The committee of conference on the disagreeing -.otes of the two Houses on the amendments of the Senate to the hill (H. R.3300)toamend "An act to enable 

the city of Denver to purchase certain landfor cemetery purposes," having met, 

after full and free conference have agreed to recommend and do recommend to their respecti\"e Houses as follows: 

That the House recede from itsdisag1·eement to the amendments of the Senate 

numbered 1 and 3, and agree to the same. That the House recede from its disagt·eement to the amendment of the Senate 

numbered 2, and agree to t,he same with amendments as follows: In line' 9 of said amendment. strike out the word "any" and im;ert in lieu 

thereof the words" the next nearest." In line 25 of said amendment., after the word "respects," insert as fo1lows: 

"Saving the rights of any settlers claiming under any of the general land laws 

of the United States who may be in possession at the date of the passage of this 

act." 

And the Senate agree to the same. Jo:E:~ ';i~£'ENN A, 

Managers on the part of the House. 

HENRY M. TELLER, F. M. COCKRELL, 

Managers on the part of the Senate. 

The statement of the House conferees, submitted in accordance with 

the rule, was read, as follows: 

The effect of the report of tbe conference committee herein will be: 

The first amendment: Strikes out the words "and for such other legitimate 

o.nd proper purposes," thus limiting the use of the land covered by the section to park purposes if it shall cease to be used as a cemetery. 

The second amendment: Perfeets method of selecting indemnity lands so they are in harmony with other States. 

The third amendment: Merely amends the title. 

Mr. PAYSON. I do not care to make any explanation of this matter unless it is called for.. The measu.re has been unanimously recommended by th~ Committee on Public Lands. I move the adoption of 

the report. 

Mr. BRECKINRIDGE, of Kentucky. Will the gentleman from 

Illinois make a brief explanation of the object of the original bill? 

Ur. P A. YSON. It was to correct an error in the grant of a bon t 40 

acres by a prior Congress to the city of Denver for cemetery purposes. 

.A. misdescription of the land was made, and this is to correct that misdescription. It was provided in the original bill that the land should 

be used for cemetery or other proper purposes under the city council 

of Denver. It was thought in the Senate that in the lapse of years 

and by the growth of the city they might not want it for cemetery purposes, and that it might be disposed of to private individuals. The 

Senate struck that out and provided in its stead that the land s hould 

be used for cemetery or park purposes and for that alone. 

Mr. BRECKINRIDGE, of Kentucky. Is there any provi-sion requiring this property to revert to the General Government in case it 

is not so used-that is, for cemeterv or park purposes? 

Mr. PAYSON. As I have st:.l.ted, the original act provided that it 

should be for cemetery purposes. This bill provides, if not used for 

that purpose it may be used for park purposes. 

Mr. BRECKINRIDGE, of Kentucky. Is there anything in the bill 

providing for the forfeiture to the Government in case it is used neither 

for cemetery nor for park purposes? 

Mr. PAYSON. Not in terms, but it is restricted to those two uses by the terms of the bill. The original bill provided this land should 

be used for cemetery purposes, and this is only an amendment of that 

original act providing it may be u~ed for cemetery or for park purposes. 

XIX--570 

The conference report was adopted. 

l\fr. PAYSON moved to reconsider the vote by which the conference 

report was adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. . Mr. PAYSON. There is a bill (S. 423) to enable the State of Colorado to select indemnity school lands, which bas been referred to the 

Committee on the Public Lands, and I move that the bill be taken up 

and laid on the. table. 

The SPEAKER pro tempm·e (Mr. RICHARDSON in the chair). The 

usual motion in reference to a Senate bill is that it be indefinitely postponed. 

_IIir. PAYSON. I will so amend my motion and call up the Senate 

bill, and move that it be indefinitely postponed. 

There ·was no objection, and it was ordered accordingly. 

BRIDGE ACROSS POTEAU RIVER, ARKANSAS. 

1vlr. ROGERS. I move, by unanimous consent, to call up the bill 

(H. R. 11107) to amend an act entitled "An act to authorize the Fort 

Smith and Choctaw Bridge Company to construct a bridge acro!?S the 

Poteau Hiver, in the Choctaw Nation, near Fort Smith, Arkansas." 

The bill was read, as follows: 

Be it enacted, etc., That an net entitled "An act to authorize the Fort Smith and 

Choctaw Bridge Company to construct a bridge across the Poteau Rh·er, in the 

Choctaw Nation, near Fort Smith, Ark.," approved June 18, 1808, be amended as follows: 

"That the district court of the United States for the western district of Arkan- sas, or such other court of the United States as may have jurisdiction over the 

Indian Territory in which said bridge is located, shall have jurisdiction over all 

controversies arising between the said Fort Smith and Choctaw Bridge Com- pany and the Choctaw tribe of Indians; and said court shaH have like jurisdiction without reference to amount in controversy over all controversies arising 

between the inhabitants of said nat-ion or tdbe of Indians and said bridge com- pany; and, also, over all controversies which may arise between the st.ockholders and the compn.ny, and among each other; and the civil juristliction is 

hereby extended within the limits of said Indian nation without distinction of .. citizenship as to part·ies so far as the same may be necessary to carry out the 

provisions of this act." SEc. 2. That the right to alter, amend, or repeal this act is hereby expressly 

reserved. 

.M:r. ROGERS. I rise to a parliamentary inquiry. 

The SPEAKER PI:O tempore. The gentleman will state it. 

Mr. ROGERS. I understood the Clerk to read the date in the bill 

as 1880. 

The SPEAKER pm temp01·e. In the bill it is 1808. 

Mr. ROGERS. It should be 1888; and I move to make th~tamendment. 

The amendment was agreed to. 

The report (by .Mr. CRISP) was read, as follows: 

The bill passed at this session authorizing the construction of a. bridge across the Poteau River, in the Choctaw Nation, failed to determine what coru·t should 

have jurisdiction to hear any controversies that might arise bt>tween the bridge company and the Choctaw tribe of Indians, between the bridge company and 

the inhabitants of the Choctaw Nation, and between the stockholders and the 

bridge company. This bill vests such jurisdiction in. the district court of the 

United States for the western district of Ark:ansa.s, or such other court of the 

United States as may have jurisdiction over the Indian Territory in which such 

bridge is located. Your committee recommend the passage of the bill. 

The bill as amended was ordered to be engrossed and read a third 

time; and being engrossed, it was accordingly read the third time, and 

passed. 

.Mr. ROGERS moved to reconsider the vote by which the bill was 

passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

EXTRA MONTH'S PAY TO EMPLOYES. 

Mr. MILLIKEN. I ask, by unanimous consent, to submit the following joint resolution (H. Res. 228). 

The Clerk rea.d as follows: 

.Joi.Itt resolution authorizing the Secretary of the Senate and the Clerk of the 

llouse of Representatives to pay to the officers and employes of the Senate 

and House of Representatives one month's extra pay. 

Resolud by the Senate and House of Representatives, etc., That the Secretary of 

the Senate and the Clerk. of the House of Representatives, respectively, are hereby directed to pay to the officers and ('mployes of the ::>en ate and House of Representatives who are now borne on the annual and session rolls of their respect- i ve Hou!:es one month's extra pay, at the compensation now paid them by law, 

and a sum sufficient to pay same is hereby appropriated out of any moneys in 

the Treasury not otherwise appropriated, and which sum shall be immediately available. 

The SPEAKER p-ro tempore (Mr. RrcrrARDSON in the chair). Is 

there objection to the present consideration of the resolution? [After 

a pause. J The Chair bears no objection. 

Mr. BRECKINRIDGE, of Kentucky. I wish the resolntion to be 

again read. 

The resolution was·again read. · 

Mr. BURNES. It seems to me, if it is to pass, this resolution should 

cover the Capitol police as well as the others. I~et us treat all alike. 

I offer an amendment to embrace the Capitol police. 

M·r. :MILLIKEN. I will accept that ametHlment, and wonlcl have 

included it if I bad bad time. The SPEAKER p1·o tempore. The Chair unrlerstands tbe gentleman 

from l\Iaine accepts the amendment cf the ge!Jtleman from l\1issouri. 
9106 CONGRESSIONAL RECORD-HOUSE. OCTOBER 2, 

Mr. PAYSON. I do not know whether an amendment can be accepted in that way. .But I will ask how much money this resolution 

carries? I should like some member who knows to tell me. 

The SPEAKER pro tempore. Is the amendment objected to? 

Mr. P A YBON. How many policemen are there and how much will 

it carry? [After a pause.] No one seems to know. 

Now, I wish to submit an observation. I have never voted for one of 

these resolutions since I have been in Congress, and do not propose 

to. 

Mr. LAWLER. I understand there are thirty-three policemen attached to the Capitol. 

:Mr. PAYSON. How much salary do they get? 

Mr. LAWLER. Seven hundred and fifty dollars, I think, each. 

Ur. PAYSON. Why not include the policemen? A number of g(mtlemen about me have been kept here for a long time, and they, too, 

would be glad to have their salaries increased in the same way. 

ltfr. MILLIKEN. Mr. Speaker, I will say in response to my friend 

from illinois that the members of Congress of the United States have 

at least some mileage to pay their way home. This the employes of 

this body do not get. In the second place, this is a most protracted 

session, extending already over some ten months. These men have 

been in attendance here for seventy-three night sessions, and the members of Congress, and not the employes who are to be paid for this service, are responsible for the duration of this session and for the extra 

work that these men have had imposed upon them. 

Now, sir, it has long been a custom, ever since I have been a member of Congress at least, and I do not know how long before, up to the last 

Congress, to pass a resolution like this to pay an extra month's salary 

to the employes of the House and Senate, and I believe also to the 

Capitol police. There are extra reasons now why this should be done 

the same that I have already suggested. Most of these men have but 

$1,200 a year, some of them much less; and as I stated before in my remarks, they have been kept here for ten months, have been in attendance here on seventy-three night sessions, and I think it no more than 

just and equitable that we should pass this resolution in the usual form, 

such as bas been passed by the House in years gone by up to the last 

Congress. 

Mr. PAYSON. Mr. Speaker, I am aware that the position I occupy 

is one that will not commend itself to a goodly share of the audience 

about me, particularly those who are designated as the beneficiaries of 

this gratuity. I have never voted for such a resolution since I have 

been in public life, and I do not intend to vote for this one. I do not 

intend, however, to place any obstruction in the way of its passage if 

it is the sense of the House that it should be adopted; but I do not 

think it should pass. 

There is not a man who will be benefited by it who does not receive 

a gre.'\ter salary under the existing law_ than any one of them could secure in private life or anywhere outside of the public service. The em- ployes of this House, as well as those at the other end of the Capitol, 

are paid to-day more as a rule than any persons_ in any of the constituencies of the gentlemen who do me the honor to listen to me in any 

walk of private life. Besides this, I have not heard of any of these offices going begging because of the insufficiency of salary. On the contrary, when the Republicans were in power in this House it was one of 

the chief troubles to get rid of applications for employment. The very 

little boys who sit about me here draw, as I understana it, $2.50, oris 

it $3, a day? 

A ME.A:IBER. Two dollars and a half a day. 

Mr. PAYSON. A larger sum than most of the laboring men in my 

district get, outside of the skilled mechanical trades. Plenty of them 

all over the country, thousands of able-bodied men, support their families on a salary of from $18 to $20 and $25 a month; and simply because·in the performance of a public dutywhich doesnotdevolveupon 

them a more protracted attendance than is required of members we are 

asked to.give this gratuity in the shape of one month's extm pay. 

The argument that the gentleman from Maine makes has no force in 

snpport of this matter, that the duties that these men perform are excessive; because, I repeat, the session does not devolve upon them the 

necessity for greater attendance upon the Hou(->e than it does upon the 

gentlemen who sit around me now, and who are responsible for the 

legislation of Congress. 

Nor is it any argument with me that former Congresses have seen 

proper to grant such a gratnity. I remember one occasion, if not two, 

at least, in my own experience when it was not done. It does not 

meet my approval; it is not right; and there is not a man listening to 

me now who represents an agricultural or laboring constituency who 

can go home before his people and justify the vote that he will give in 

favor of it. · 

The gentleman from Maine will probably rise in his place and say 

that he is ~lad to do it; but I say that it ought not to be done. However, I will content myself with the protest I make here, not wishing 

to set myself up in opposition to the wishes of the House in this re- spect. I reserve the remainder of my time, if I shall find .occasion to 

use any portion of it in reply to what may be said. 

:M:r. LAWLER. 1\Ir. Speaker, permit me to say that it is a notorious fact that our good friel\d, Judge PAYSON, who has just taken his 

seat, with other members of Congress, has voted for bills here constantly that carry millions of dollars for the compensation of employes 

drawing immense salarie!! as officers of the United States Government. 

Mr. PAYSON. Yes, but to carry out existing laws and to pay the 

salary fixed by law. Not as a gratuity. 

Mr. LAWLER. And I do not know whether the Judge ever got 11p 

and protested against the payment of any large salary or not to men 

who have not very much to .do. But it is a stran~e fact that just as 

soon as a provision is made to pay a little sum· to some of the hardest 

worked men in the Government, he is the first to rise on this :floor, and 

I hope will be the only one, in opposition to it. 

I say that this has been a long-protra(:ted session, and you can not 

draw a comparison, as the gentleman seeks to draw, between the cost 

of living in a little country town and the cost of living here. These 

little boys, to whom the gentleman has referred, are brought here. It 

has been the custom both under Republican and Democratic Houses 

to bring them here, and they are paid a compensation which is somewhat approximate to the cost of living in the city as compared to the 

country. They have traveling expenses to pay besides, many of these 

people; and they have all cheerfully attended all of the sessions of the 

House night after night and day after day, and have as cheerfully 

sought to do their duty, notwithstanding the fact that a great deal of 

extra. labor has devolved upon them. It has been the usual custom to 

give this pay, u.nd I think the House owes it to itself and to its em- ployes to make this provision in their behalf for the two months. 

A MEMBER. For one month. 

Mr. PAYSON. Well, why not make it for two? There is no use of 

being small about it. 

Mr. LAWLER. But let us recognize the fact that these men have 

done a great deal of hard ext:ra work. I thought it was for two · 

months. It ought to be. I am sure the Judge's constituency will not 

kick against a vote in behalf of sucJ?. a proposition. I do not think 

the press or the people of this country will find fault with him or any 

objection to this small pittance. I did not think there would be objection to this little matter, in view of the fact that we are in the habit 

of paying large salaries to people who .do not perform half the labor 

that is done by these few and faithful servants employed bythe House 

and the Senate in their work here day after day and night after night. 

Mr. PAYSON. I still have some time at my disposal, and I desire 

to yield to the gentleman from Iowa [Mr. KERR] as much time as he 

may req nire. · 

Mr. KERR. Mr. Speaker, I appreciate the servicesofthe employes 

of this body as much as any one. I think they perform their duties 

worthily; but I think we ought to establish a definite line of policy in 

this matter. ·We should not vote money to any of the employes of the 

House; and they should not be employed without knowing in adTance 

just what they are to receive. The law fixes their compensation, and 

they accept and serve in their respective positions knowing exactly 

what the law says they are to receive. The habitofvoting additional 

amounts, dependent upon the whim of this body, is certainly a very unwise policy, which should be stopped. It should be understood that 

the pay provided under the law shall be the amount that they shall 

receiYe, so that they will not be asking for additional pay. 

There is a very strong feeling in the agricultural districts in regard 

to paying unreasonable salaries. Thb officers of my county, men equal 

in talent to the majority of the members of this body, work faithfully 

twelve hours a day for the sum of$1,200 a yeru.·-men equal in abiJity 

with the average members of this body. [Lau~hter.] :Menofasgood 

talents as the men employed in this House:and who ha.ve as good education as the average of the men employed by this House are receiv:i,pg 

for their labor $1.50 a day; and out of that salary they are asked to 

pay t::t.xes to keep boys of twelve and fourteen years of age employed 

here at $2.50 a day, and other employes at $1,200 a year, who are not 

expected to work on an average half of the time. 

I wish further to say that the "salary grab " which passed in 1873, 

or a number of ~ears ago, had more to do with putting the. Republican 

party out of power in the House of Representatives than any other one thing; and while it did not hurt the Democratic members who voted 

for it, it nearly ruined every Republican whovoted for it. These facts 

ought to be borne in mind. I know that gentlemen who have been 

here for years and have voted for measures of this kind are expected to 

vote in the same way now, so that they may keep up an appearance of 

consistency. But those of us who are new members are not forced to 

do so and ought not to be hampered by their records. [Laughter and 

applause.] 

Mr. PAYSON. I yieldfivcminutes to the gentleman from Pennsylvania [Mr. SOWDEN]. 

Mr. SOWDEN. Mr. Speaker, I rise for the purpose of asking the 

author of this resolution what amount of money is involved in his proposition to pay the employes of the House an extra month's salary. I 

think this information ought to be furnished us before we should be · 

called upon to vote upon a question of this character. It is absolutely 

neressary in order that we may be enabled to vote intelligentJy upon 

this subject. 

:M:r. MILLIKEN. When I get the floor I will make that statement. 
1888. CONGRESSIONAL-RECORD-HOUSE. 9107 

Mr. SOWDEN. I yield the floor now to the gentleman for the purpose of answering my question. 

:Mr. MILLIKEN. As near as I can estimate the amount will be 

about $40,000. 

:Mr. SOWDEN. Forty thousand dollars? 

1\fr. MILLIKEN. It is stated tomethatitwill amount to $31,000. 

Mr. PAYSON. By one of the pages. We are called upon to vote 

$31,000, and you get your information from one of the pages? 

Mr. MILLIKEN. I believe I have the floor. My information is 

that it would be $40,000, but it is enough to say to my friend from 

Illinois, that if he gets correct information I do not know that it matters where he gets it from, and lam notquite certain butthathemight 

get some information which would be of benefit to him from some of 

the pages. [Laughter.] 

l'!Ir. SOWDEN. Then, as I underatand, and as nearly a.s it can be 

ascertained now, the amount of money involved is about 54.0,000. 

Mr. TIMOTHY J. CAMPBELL. Ob, no. Mr. SOWDEN. That is exactly what the gentleman has stated, and 

if that be conect, l call upon every member of this House to pause before he votes for this additional appropriation of $40,000 of the people's 

money to be ~iven to the employes of this House as a gratuity. The 

time has come when we must call a halt upon these extraTagant and 

unlawful e.;penditures. It seems to me, howeTer smilingly it may be 

looked upon by our employes~ who are all gathered in front or us, 

that we ought to be brave enough to look them squarely in the face, 

and say to them that they shall be well paid for the work they perform, but that when they aak us to vote them the people's money for 

time they never served, they are asking a little too much. We ought 

to be governed in these matters by the same principles that control us 

in the management of our own personal affairs. We ought to be willing to pay them a full da.y's wage.'l for a full day's work, but as my friend 

from Illinois·so aptly rema.rks, we ha'"e hard-working people in onr 

own districts who do not receive one-half the wages paid these little 

boys [pointing to a very small page who happened to pass the speaker 

at this time, creating great laughter]. These pages get two dollars and 

a half per day, while the men who~ork in our ore-mines, stone-quarries, and coal-mines get from ninety cents to a dollar and a dollar and 

a quarter per day, with which it would seem they must be content, and 

many of whom have ls.rge families dependent upon them for support. 

Here we are asked to vote $4.0,000 of the people's money--

Yr. LAWLER. Not $40,000, $31,000. 

M.r. SOWDEN. Thirty-one thousand dollars, then; only $9,000 less 

than $40,000. [Laughter.] Thirty-one thousand dollars for what? 

I would like to ask these gentlemen who support this resolution how 

they would like to give away $31,000 of their own money to people 

who never had earned a penny of it, and to whom they were neither 

legally nor equitably indebted a single cent. · 

Mr. BRECKINRIDGE, ofKentucky. If the gentleman from Pennsylvania [Ur. SOWDEN] will yield to me I will make a motion to adjourn. 

])1r. PAYSON. l\1r. Speaker, before that motion is made! desireto 

sa.y a word, not that I deem it essential for the audience that is around 

me, but my distinguished friend from Illinois [Mr. LAWLER], who 

frequently addresses a larger audience than this through the RECORD, 

having taken occasion to say in reference to myself that be had never 

known the time when the gentleman from Illinois had voted against 

any increase of salary to :persons who were receiving large amounts of 

money from the Treasury, I desire to say to him, through the same 

medium, that there has never been a time since I have been a member 

of the House of Representatives when I have voted for an increase of 

salary to any person in any instance where, at the time the increase 

was asked, the man was performingthesame dutiesthatwere imposed 

upon him when he entered upon the office. I have always opposed as 

earnestly and vigorously as I could all such propositions. 

The gentleman says he bas been in attendance when many of these 

questions have arisen. It is only about ten days since there was a proposition made here to increase the efficiency of the medical division of 

the Pension Office by increases of salaries of gentlemen employed there, 

aggregating some $23,000 per ann~, and if my colleague had been 

here on that occasion he would now remember that I happened to lead 

the opposition, and I take some pride in having succeeded in defeating 

that proposed increase. Then, as to the proposition which has been 

made here to furnish each member of this House with a clerk at the 

public expense, while I believe that every member ought to have that 

assistance, yet I have uniformly voted against it. Why? Because 

when I was elected a. member of Congress I understood what the salary 

was, I ~derstood that it was $5,000 a year and my mileage, to put in 

my time, first, for the benefit of the poople of my district, and then for 

· the benefit of the people of the whole Union; and I have never voted 

for an increase of the salary or of any perquisite connected with the 

office. Although, as I have said, I believe that every member of the 

House ought to have the assistance of a clerk just as much as the gentlemen at the other end of the Capitol, I have always opposed it, and I 

oppose it now for the reason I have stated. So, when these employes 

about me undertook the performance of the duties that devolve upon 

them, they did it with the knowledge that they were expected to do 

. 

certain work, and simply tbecause there is a difference of gradation of 

position in the public estimate there is n'J less degree of responsibility 

in the one case than in the other, and no greater obligation upon the 

part of the Government. 

- It is perfectly idle for gentlemen to say, as the gentleman from Maine 

(Ur. MILLIKEN] has said, that because some of these boys come up 

here to night sessions therefore there ought to be a donation to them 

of a month's salary. Their duties are not so extremely onerous. I 

notice these boys around me, and I do not speak with any disrespect 

of any of them, because I esteem them all,' but I see that quite anumber of them are hardly old enough to be in boys' clothes yet. Certainly 

there is no great amount of physical exe1·tion required for the performance of their duties. Two dollars and a half a day seems to me quite 

sufficient pay for such work, but the Jaw gives them that amount and 

I want them to haTe it; but I do insist that the money which comes 

into the public treasury, every dollar of which has p~ssed through the 

hard and horny hand of some laboring man in this country, shall be expended strictly according to law and without rega.rd to this feeling of 

extra charity or extra liberality which seems to iniluence the gentleman from Maine and those who agree with him. 

I notice another thing about propositions of this 1..-ind coming in 

toward the end of the session. I notice that they come in on the indiviuual motion of some member, without having been recommended 

or consiaered by any committee of the House. The gentleman from 

Maine [.Ur. 1\IILLIKEN] crowds to the front this morning offering this 

resolutidn on behalf of all these employes, and states that he is even willing to include the Capitol police. No committee has considered 

or examined the proposition. \Ve do not l."nOW what amount of money 

will be required. The gentleman tells us that he gets information 

from one of the pages that the amount will be $31,000. That may be . 

accurate or it may not. Iamnotquestioning itsaccuracyorthesource 

whence the statement comes, but whenever a gentleman rises here in 

his representatiYe capacity and proposes, by •ote of a minority of the 

House, to expend several thousand dollars of the people's money, he 

certainly ought to be able to state, at least approximately, what the 

proposition is going to cost. It ought not to be done in this way. 

Their beneficiaries under this resolution understood precisely how 

much money they were to receive for their services, and they were all 

anxious to get the employment, and there will be no resignations by 

any of them even if this resolution does not pass-none whatever. 

If the employes of this House do not like their service or think the 

salary inadequate, why, sir, to use a familiar expression, there is n o 

string tied around any employe to keep him here if he wishes to leave. 

Resignations would be accepted and the places promptly filled. It has 

ne>er been charged that the salaries are inadequate. There is no such 

pretense; but, on the contrary, the fact, as bas been heretofore stated, is 

that for t.he services rendered at this Capitol every officer, commencing 

with the Doorkeeper and going down to the humblest employe, receives 

25, 50, or 75 per cent. more compensation than is paid for similar service throughout the country. Take thecasein the towninwhichllive, 

where there are two national banks. The cashier of one of those 

banks gets a salary of $1,000 a year, and is willing to stay; another 

gets $1,200. Both of those cashiers me excellent men. How do those 

salaries compare with the salaries paid employes in this Capitol? 

1t1r. DUNN. The _gentleman should remember that bank cashi~rs 

have great opportunities. 

l'!Ir. PAYSON. But the population in my neighborhood has neve.r 

been reduced up to the present time by any emigration to Canada. 

Mr. LAWLER. Will the gentleman yield for a question? 

, Mr. PAYSON. With pleasure. · 

Mr. LAWLER. I find that Congress appropriates for the mileage 

of members of CongressS112,000 a year, while this r esolution only carries about $31,000. 

Mr. PAYSON. What has that to do with this matte!'? Does the 

gentleman insist that the mileage is too large? 

Mr. LAWLER. No, that is not the point I make. 

Ur. PAYSON. Does the gentleman insist that members ought not 

to receive as mile..."lge any greater sum than is actually expended by 

them for travel to and from Washington in connection with the discharge of thefr official duties? If so, my colleague [Mr. LAWLER], 

instead of accepting the two hundred and twenty-odd dollars which he 

now receives annually as mileage, can subtract from that ~mm the price 

of passage on a limited train and can cover the rest into the Treasury, 

if he has any conscientious scruples about the matter. [Laughter.] 

I have not heard that he has ever done so, and I do not think he ever 

will. 

Mr. LAWLER-. The gentleman seems to be making an appeal to 

the tax-payers of the "country in favor of retrenching expenditures; yet 

it is a notorious fact that while members of Congress receive $5,000 a 

year they also t.:1:ke from the tax-payers $112,000 as mileage, w bile this 

resolution carries only $31,000. 

Mr. PAYSON. I will answer thegentleman. I accept the mileage 

to which the gentleman refers because the law as it existed when I was 

elected.gives it to me; because that amount of money was involved in 

the contract between the people of the United States and myself. It was a part. of the contract that in adCition to the salary of $5,000 a year 

• 
' 

9108 CONGRESSIONAL RECORD-HOUSE. OCTOBER 2, 

I should receive mileage at the rate allowe() between the little town in 

which I live and the city of Washington for coming here and returning 

once a year. If the mileage is too large I will vote for a l'esolntion to 

cut it down. If the salary paid to members of Congress is deemed too 

large-I do not believe it is-gentlemen who may think so can vote to 

cut it down. I hope my colleague understands the distinction. The 

law existing at the time of our election fixed the salary and allowances 

of a member of Congress, and the people, when they voted for him and 

me, understood precisely what was the compensation we were to receive. 

Wby should wo not vote ourselves double the mileage already allowed by law? My colleague and I have had to go to IHinois two or 

three times for the good of the country during t.he present summer. 

[Laughter.] Why should we not vote for a resolution doubling the· 

mileage? Because the statute of the United States bas fixed this allowance; and for the further reason (let me be understood) that no 

member of Congress, if be is a candidate for re-election, dares to vote 

himself money that is not allowed him by existing law. That is the 

reason. :Mr. MILLIKEN. The gentleman from Illinois [1\Ir. PAYSON] assumes it is not honor but fear which keeps members from so voting. 

Mr. PAY80N. The gentleman may take whichever .horn of the dilemma he chooses. I assert again that no matter how many trips members may make on business or pleas-ure between this capital and their 

homes, no member of the House would dare to vote himself additional 

mileage, because the law fixes our compensation. The law 'also fixes 

the compensation of these Congressional employes and of the Capitol 

p:->lice. Why should we vote an extra month's salary to these officers 

simply because thi'3 has been a protracted session? Will any gentleman tell me the logic of it? The gentleman from Maine [Mr. MILLIKE~] is willing to accept the amendment in favor of Capitol police. 

Now, whyshould thepolicemenabouttbeCapitol haveanextramonth's 

pay because this Congress has been in session sixty days longer than 

we expected when we came here last December? 'l'hese employes are 

paid by the year. They are all anxious to hold their positions. 'l'he 

salaries are remunerative. The places are considered desirable; ami 

plenty of men would gladly take them at the present salaries. Why, 

then, should extra. compensation be voted? Nobody can state any reason except simply that we have the power to do so; that is all. 

Entin votingawaytbepeople's money, with reference to this as with 

reference to everything else, I msist (I speak for myself only) tbat it is 

my duty to see that legislation here is prudent and careful, such as my 

constituents would approve. I believe the judgment of my people would 

be that these salaries are sufficient. If the performance of dnty by 

these employes is not onerous, and no one can assert that it is--

:M:r. LA. WL ER. It has been this session. 

Mr. PAYSON. Oh, no; it has not been. 

Mr. LAWLER. Yes, it has. 

1\fJa. P .A YSON. I do not want any one to tell me that the duties of 

these gentlemen who sit about these doors opening and shutting them 

a.s members and visitors enter or leave, or that the duties of these boys 

engaged here as pages, are onerous. It is all wind; it is all stuff. 

[Laughter.l If that is not parliamentary, I withdraw the expression. 

(Laughter.] 

It does not seem so to me. It is not what I called work when I was 

engaged in making a living by the sweat of my brow and the labor of 

my arms. I do not 1·egard the work here as laborious. 

Mr. MILLIKEN. H<Jw long ago was that? 

Mr. PAYSON. Up to when I was twenty-one years of age. 

But the point I wish to make, and I am not to be diverted from it 

by pleasantries, is this : Why should we change existing I a w as to these 

salaries, which are said to be sufficient for the duties performed and for 

the l abor, which is not laborious or excessive? No gentleman can give 

any reason except that in past years it has been done iu some instances. 

It is a ba1 precedent and ought not to be followed, and particularly on 

the meager information we have of bow much will be required to carry 

out the provi ions of the joint resolution if it becomes a law. 

I hope it will be voted down. 

Mr. MlLLIKEN. Mr. Speaker, I have always had great admiration 

for gentlemen who seem to be loud in announcing their efforts to save 

the country and to save the Treasury by economizing on the pay of 

clerks and pages-that is, by saving at some little spigot while they 

let it run out at the bung. [Laughter.] 

I have no interest politically in this joint resolution. There is not 

a beneficiary in the House under it I have an interest in. I believe 

they are all on the other side of the House in politics. I have not introduced the resolution because my constituents would look on it in 

one way or the other, becau e I bad anything for home consumption in 

my district, or because I hoped to get votes by doing it or not doing it. 

But, sir, I have done it because it is a just and proper thing to do. 

1\Ir. LAWLER. And you are right, sir. 

Mr. MILLIKEN. The gentleman from illinois bas iterated andreiterated and reiterated over and O\er again one single point which he 

attempts to make before this House, and that is that these clerks, that 

these employes, who are to be the beneficiaries under the resolution, 

knew -when t.bey accepted their places what their salaries were to be. 

I said when up before, Mr. Speaker, that ever since I have been here, 

and lor a good many years before, such a resolution has been pn.l:'sed 

except at the Jast Congress, and it bas been done so many times it has 

become a custom, and a cm:tom for so long a time it bas almost become 

a law. And these employes, when they accepted their places, bad as much right to believe the custom which bas existed so long would be 

carried out in their cases as that their fees as established by law would 

be paid to them. So far as that is concerned,- therefore, the gentleman's point goes to the wall. As be said, there is nothing but wind in 

it·. [Langhter.] But I will retract that expression, as the gentleman 

said be would iJ it were unparliamentary. But, sir, there l S nothing 

in it at all. 

Now, Mr. Speaker, it bas been done by past Congresses, because it was believed by them to be j nst and proper, until it has become a precedent established by long usage, and I repeat that these employes had 

the right to expect under that precedent which was established'they 

would have the same allowa.nce made to them as was made to those 

who have preceded them. 

My friend talks of how cheaply these places might all be filled by 

somebody up in his district. 

Mr. P A. YSON. I have not said that at all. 

Mr. MILLIKE:N. He said for how little we could get others to 

come here to take these places and receive the pay established by law. 

You can not fix any man's salary on that theory or on that principle. 

I can find many gentlemen in this country who would be glad to serve 

as President of the United States without charging one dollar in the 

way ofsaJary. They would like the honor of it. Shall we therefore 

say, because of that tact, the President of the United States shall serve 

without pay? Shall we say that, because some one would be glad to 

serve simply because of the honor of the office and charge nothing for 

salary? I have no doubt my friend has some one in his own district 

who would be glad to come down here and fill his place on this floor 

without charging $5,000 a year or any mileage at all. 

But shall we on this account abolish the pay of members of Congress'? The gentleman would rrduce the whole Government service 

to this point, that no man shoq]d fill a Government office unless he 

bad wealth enough to enable him to fill it without charging any salary at all. The question is what is just, what is right in regard to 

these men. 

I have further to say this: The gentleman talks about what a mem~ 

ber dares to do and what be does not dare to do. I can say truthfully 

that I have never yet given a vote in this House under fear of what 

penalty might be inflicted upon me by my constituency or by anybody 

else. 

I am satisfied to vote here in this House for what I believe to be 

right, sensible, and just, and then submit to my constituents and take 

the results. 

I now move the previous question on the adoption of the resolution. 

Ur. BRECJITNRIDGE, of Kentucky. Pentling that, I mov~ that 

the House do now adjourn. 

WITHDRAW .AL OF PAPERS. 

The SPEAKER pro tempore (1tfr. RICHARDSON). Pending the mo~ 

tion to adjourn, the Chair desires t.o lay before the House certain re- que ts of members. · 

By unanimous consent, leave was granted to Mr. STONE, of Kentucky, to withdraw from the files of the House, without leaving copies, 

papers in the case of Logan N. Dishman. 

LEAVE OF .ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. WICK~ 

HAM indefinitely, pn account of important bnsiness. 

YANKTON .AND MISSOURI RIVER RAILWAY COMPANY. 

:M:r. GIFFORD. Ur. Speaker, pending the motion to adjourn, I ask 

unanimous consent to make a report from the Committee on Indian Affairs. 

Mr. BRECKINRIDGE, of Kentucky. I will withdraw the motion for 

that purpose. 

Mr. GIFFORD. I am instructed by the Committee on Indian Affairs 

to report back the amendments of the Senate to the bill (H. R. 7547) 

granting the right of way to the Yankton and Missouri River Railway 

Company through the Yankton reservation in Dakota. and to ask unanimous consent to non-concur in the Senate amendments, and agree to the 

conference asked thereon. 

There was no objection, and it was so ordered. 

ORDER OF BUSINESS. 

The SPE.AKER pro tempore. The question recurs on the motion ol 

the gentleman from Kentucky, that the House do now a<ljourn. 

The question was taken; and on a division there were-ayes 38, 

noes 27. 

Mr. LA. WLER. Let us have tellers. 

Tellers were refused. 

So the motion was agreed to; and accordingly (at 1 o'clock and 5S 

minutes p. m.) the House adjourned. 
1888. CONGRESSIONAL RECOJ: D-SENATE. 9109 

PRIVATE BILLS AND JOINT RESOLUTIO!o~S INTRODUCED AND REFE&RED. 

Under the rule private bills and joint. resolutions of the following 

titles were introduced and referred as indicated below: 

B,v Mr. HITT: Joint resolution (H. Hes. 2Z7) authorizing the Secretary of War to receive for instruction at the Military Academy at We~t Point Henry Lecomte, of Switzerland-to the Committee on Mil- itaty Aff:.tirs. 

By 1\fr. J. A. ANDERSOl~ : A bill (H. R. 11542) granting a pension 

to Jeremiah Malcolm-to the Committee on Invalid Pensions. 

Also, a bill (H. H.. 11543} for the r~lief of William T. Hopkins-to 

the Committee on Claims. 

By Mr. MAISH: A bill (H. R. 11544) for the relief of the Standard 

Umler-gronnd Cable Company, of Pittsburgh, Pa.-to the Committee 

on Appropriations. 

By Mr. McSHANE: A bill (H. R. 11545} granting a pension to 

James M. Simeral-to the Committee on In·mlid Pensions. 

By Mr. WARNER: A bill (H. R. 11546) for the relief of the St. 

l.A>uis and Mississippi Transportation Company-to the Committee on 

Claims. 

Thornton Thatcher, Michael Callahan, and the widow of John Waters, 

reported it without amendment, and submitted a report thereon. 

Mr. MITCHELL, from the Committee on Claims, to whom was re- ferred the bill (H. R. 300) for the relief of the trustees of the First · 

Baptist Church, at Smithland, Ky., reported it without amendment, 

and submitted a report thereon. 

THE REVENUE LAWS. 

Mr. ALLISON. The Committee on Finance, to whom was referred 

the bill (H. R. 9051) to reduce taxation and simplify the laws in re- lu.tion to the collection of the revenue, have directed me to report it 

back with an amendment in the nature of a substitute. I ask that 

the bill may be placed on the Calendar, and I give notice that on Monday morning I shall ask for its consideration. 

Mr. SHERMAN. .Meanwhile it will be printed in the regular way. 

Mr. ALLISON. I shall move to take up the bill on Monday morning for oonsideration. I also move that 1,000 copies be printed in bill 

form for the use of the folding-room in addition to the usual number. 

I think that can be done without reference to the Committee on Printing. 

Mr. HARRIS. What number of extra. copies does the Senator suggest? 

PETITIONS, ETC. Mr. ALLISON. I ask unanimous consent that 1, 000 copies be printed 

The following petitions anrl papers were laid on the Clerk's desk, in bill form for the folding-room. 

under the rule. and referred as follows: Mr. SHERMAN. There should be copiesfor theuse of the commitBy Mr. M:cCO~fAS: Petition of Henry T. Deaver, of Frederick tee. 

Countv, Maryland, for reference of his claim to the Court of Claims- Mr. HARRIS. One thousand copies in addition to the usual numto the Co1:.1mittee on War Claims. · her? 

By Mr. FORAN: Petition of Local Assembly No. 9353, Knights of Mr. ALLISON. In addition to the usual number. I think there 

Labor, of Cleveland, Ohio, to protect free labor from convict ~abor-to ought to be perhaps 500 printed also for the use of the Committee on the Committee on Labor. Pinance, as there are so many requests made to that committee for the 

Dy Mr. LANDEH: Petition of Eunice J. Smith, of West Salem, Ill., I mea.<;ure a~eed on. . .. . . for relief-to the Comm_il_tee on t~e Post-Office and Post-Roads. . . The Pl{ESID_ENT pro tempore. .The Chair w11l subm1t the motiOn 

Dy Mr. M:A.lSH: Pet1t10n of Ehzabeth Hoffacker, mother of Wilham as the Senator irom Iowa presents It. · . . . . . Hoffacker for relief-to the Committee on Invalid Pensions. Mr. ALLISON. I move that 1)000 additiOnal copies be pnnted tor 

By Mr. 'wARNER: Petition of the St. L<luis and Mississippi Valley the u~e of the foldi~g-room of the Sen~te, and 500 copies for th.e use of 

Transportation Company, 1or relief-to the Committee on Claims. the Fmance Committee. I ask unammous consent that that may be 

done. 

SENATE. 

WEDNESDAY, Octobe1· 3, 1888. 

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

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

PETITIONS A..."t\D MEMORIALS. 

Mr. HOA.R presented the petition of J. Nelson Trask, of Massachusetts, praying tor the total repeal of all naturalization laws; which was referred to the Committee on Foreign Relations. 

He also presented a petition of 11, 088 citizens of Massachusetts, pray- in~ for an amendment to the Constitution of the United States wh;ch 

will prohibit the :ippropriation of public funds for the support of sec- tarian schools; which was referred to the Committee on Education and 

Labor. REPORTS OF COMMITTEES. 

Mr. DOLPH, from the Committee on Foreign Relations, to whom 

wns referred the joint resolution ~H. Res. 181) aeceptingtbe invitation 

of the Imperial German Government to the Government of the United 

States to become a party to the International Geodetic Association, re- ported it; without amendment. 

Mr. STEW ART: from the Committee on Military Affairs, to whom was referred the bill (H. R 1959) authorizing the Secretary of War to 

issue to the governor of the Territory of .Montana militmy 'stores for 

the use of tbe regularly enlisted, organized, and uniformed active 

militia, reported it with an amendment, and snbruitted a report 

thereon. 

He also, from the same committee, to whom was referred the bill 

(S. 3:~36) a,uthorizing the Secretary of War to issue to the governor of 

tlJc Territory of Montana military stores for the use of the regularly enli~ted, organized, aud uniformed active militia., reported adve<sely 

thereon; and the bill was po3tponed indefinitely. 

Mr. RAWYEH, from the Committee on Commerce, to whom was re- ferred the bill (H. H. 100:.!3) to authorize the Cairo and TennesseeHiver 

Railroad Company to construct bridges across the 'l'eunessee and Cumberland Rivet'S, reported it with an amendment. 

He also, from the Committee on Pensions, to whom were referred the 

following bills, reported them severf1lly withoutamendment, and submitted reports thereon: · A bill (H. R. 540.:!) granting a pension to Emma F. R~d; 

A bill (H. R. 4H49 ) granting a pension to Daniel Tanner; 

A bill (H. H. 10109) granting :1 pension to Mrs. Anna Leach; 

A bill (H. R. 7928} granting a pension to Samuell\!. Reese; 

A hill (H. R. 10769) granting a pension to John M. Krnnk; and 

A hill (H. R. 8735) granting a pension to Mary A. McCool. 

Mr. · WILSON, of Maryland, from the Committee on Claims, to 

whom was referred tbe bill (H. R. 5349) for the relief of James Trabue, 

The PRESIDENT pro tempore. It will be so ordered if there be no 

obiection. 

·Mr. ALLISON submitted the following resolution; which was referred to the Committee on Printing: 

Resolved. That 10,000 copies of the bill H. R. No. 9001, as reported to the Senate, be printed in pamphlet form, 9,000 for the use of the Senate, and 1,000 for the use of the C'ommittee on Finance. 

Mr. ALLISON. I give notice that to-morrow, or on Friday morning 

at the farthest, majority and minority reports will be filed to accom- pany this bill. 

The PRESIDENT pro tempore. The Chair will have section 3793 of 

the Revi:o;ed Statutes read. 

The Svcret:uy read as follows: 

SEC. 3793. All motions to print extra copies of any bill, report, or other pub- lic document, shall be referred to the Committee on Printing of the llouse in ' which sueh motion is made. 

The PHESIDENT p1·o tempore. The operation of a rule of the Sen- ate can be waived by unanimous consent, but the direction of a statute can not. The Chair therefore thinks that the order agreeing to t.lie resolution to print extra copies of the bill reported by the Committee on Finance this morning should be reconsidered, and that the resolution 

should be referred to the Committee on Printing. It is so ordered if 

there be no objection. 

Mr. ALLISON. That relates to the printing of the 1,500 copies of 

the tariff hill. 

The PRES!DENT p1·o tempo1·t>. The 1,500 copies. 

Mr. ALLISON. Then I move to make the number 2,000, 1,000 for 

the committee and 1,000 for the Senate. 

Mr. EDMUNDS. It can be reported immediately. It is a mere question of accounting at the Treasury. 

The PHESIDENT pro tempore. If there be no o~jection the amend- ment will be agreed to. 

.Mr. SHERMAN. Before the consideration of the tariff bill passes 

from the !:::enate, as I am compelled to leave a.t 3.40 this afternoon I 

should like, with the indulgence of the Senate, to make a fewrema;ks 

in regard to it. I think it is proper for me to do so, but if it will be more convenient to Senators to go through with the ordinary morninO' 

business I shall be very glad to do it then. too 

Mr. COCKRELL. There is no objection to the Senator" proceediug now. . 

Mr. SHERMAN. I will go on now if it is the pleasure of the Senate. 

Mr. HARRIS. The morning business can follow the remarks of the · Senator. · 

Mr. SHERMAN. .Mr. President, the gnn·e importance attached, l 

not only by the people of our country, but by tbc people of all countries with whom we ba.ve connect.ion, to the tariff bill which is now presented to the Senate for consideration, perhaps justifies a, few re- marks to be made by me.