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' I 

9132 CONGRESSIONAL RECORD-. HODS~. OCTOBER 3, · 

Mr. SABIN. They are not included in this. 

Mr. PLATT. I think they are all included. If they get the worth 

of the timber this fund will run up to a very considerable sum. It 

will be more than $5,000,000, I think. 

Now, I believe the very worst thing that can be done for these Indians is to sell their land and put the proceeds into a fund and have 

them paid the interest regularly on that fund for fifty years, and possibly, as the bill provides, 5 per cent. of the principal in an emergency. 

M:r. SABIN. Make it 3 per cent., then. 

Mr. PLATT. I think the result will be that at the end of fifty 

years these Indians will not be a particle more advanced toward civilization than they are to-day. The truth is that the hardest Indians 

in the United States to civilize are the richest ones, and in proportion 

to the amount of their riches. You can not break up the tribal relation in a rich tribe of Indians with one-half the case that you can 

among Indians that ha\e no money. Riches bring a kind of aristocracy among them, and they maintain their manpers and their customs 

and resist every possible attempt to civilize them. Yon may take their 

children and send them to school at Carlisle, and when thl3y go back 

to the tribe they have either to be driven out or to go and adopt the 

customs and submit themselves to the regulations of the tribe. 

Mr. D.A. WES. I should like to ask the Senator a question. Admit 

all that to be true, and then admit that this pine timber belongs to 

these Indians, and I ask the Senator what is he going to do? Is he 

going to let tltis timber lie until the solution of this question, or·is he 

going to take this money upon the principle that it is going to hurt its 

owner and do something else with it? What would he do with it? If 

he will enlighten me on that subject, be will help me in this business. 

Mr. PLATT. I know the difficulties of this problem, I think. 

Mr. EDMUNDS. Will my friend from Connecticut yield to me? 

Mr. PLATT. I will, if you will permit me to say one other word. 

:Mr. EDMUNDS. I will. 

Mr. PLATT. I say this, :Mr. President, ns my judgment of a general principle, you are never going to elevate any human being in this 

world very much or advance him very far along the road to social de· 

velopment unless he has the spending of his own money. 

Mr.- EDMUNDS. This bill is very important, and the Senate is 

thin, and as I am not ready at this present moment to vote for it, 

although I may be when I consider it more, I think I ought to insist 

on my motion to adjourn; but I will state, as my friend from Minnesota wishes t.o go away to-morrow, that I will vote, if he wishes it, immediately after the morning business to-morrt~tw morning to take the 

bill up and we can consider it with a. full Senate. And now, subject 

to the Chair's desire to lay some papers before the Senate, I renew my 

motion to anjourn. 

PENSACOLA AND MEMPHIS RAILROAD. 

The PRESIDENT pro tempore. Before submitting the motion the 

Chair will lay before the Senate the amendment of the Honse of Representatives to the bill (S. 3573) granting the right of way t-o the Pensacola and Memphis Railroad Company over and through the public 

lands of the United States in the States of Florida, Alabama, Mississippi, and Tennessee, and granting the right of way to said railroad 

company over and through the United States naval and military reservations near Pensacola, in the State of Florida. 

The amendment will be stated. 

The SECRETARY. On page 1, line 22, strike out "eighteen " and 

insert '' three.'' 

Mr. CALL. I move that the Senate concur in the House amendment. 

Mr. EDMUNDS. What does that amendment mean, Mr, President? 

I wish to bear it explained. 

Mr. CALL. The original bill as passed by the Senate gave to the 

Pensacola and Memphis Railway Company, a corporation organized 

under the States of Alabama and Tennessee, which is now building a railroad to Pensacola, the right of way through the naval reservation, or rather the use of 1,800 feet of the water-front for their wharves, 

subject to its value to be appraised by the Secretary. The House amendment limits it to 300 feet. 

The PRESIDENT pro tempore. ·The question is on concurring in the 

amendment of the House of Representatives. 

The amendment was concurred in. 

HOUSE :BIT~LS REFERRED. 

The following bills from the House of Representatives were severally read twice by their titles, and referred to the Committee on Commerce: A bill (H. R. 11107) to amend an act entitled "An act to authorize 

the Fort Smith and Choctaw Bridge Company to construct a bridge across the Poteau River, in the Choctaw Nation, near Fort Smith, 

. Ark. ; " and 

A bill (H. R. 11338) to authorize the construction of a. bridge across the Coosa River, at Gadsden, in the State of Alabama. 

The following bills were severally read twice by their tiUes, and re- ferred to the Committee on Military Affairs: 

A bill (H. R. 6782} for the relief of James Ba;llard; and 

A bill (H. _R. 8557) for the relief of Dr. David Bell. 

The bill (H. R. 10098) to refer t;he claims of Richard H. Parkam, adruinish·ator of George Gorman, deceased, and RobertS. McDonald to 

the Court of Claims, was read twice by its title, and referred to the 

Committee on Claims. 

ORDER OF :BUSL.~ESS. 

The PRESIDENT pro tempore. The resolutions that were not concluded to-day, if there be no objection, w.ill be considered as in the 

order of current business for to-morrow morning. The Chair bears no 

objection. The Chair announces-the unfinished business, being the bill 

(H. R. 9151) to forfeit certain lands granted to the Northern Pacific 

Hailroad Company, and for other purposes. 

Mr. EDMUNDS. Now I renew my motion. 

The PRESIDENT pro tempore. The Senator from Vermont moves that the Senate do now adjourn. 

The motion was agreed to; and (at 5 o'clock and 32 minutes p. m.) 

the Senate adjourned until to-morrow, Thursday, October 4, 1888, at 

12 o'clock m. · 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, October 3, 1888. 

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

D. D. 

The Journal of the proceedings of yesterday was 1·ead and approved. 

PUJ3LIC·LAND DECISIONS, ETC., INTERIOR DEPARTMENT. 

The SPEAKER laid before the House theSenateamendmentstothe 

joint resolution (H. Res. 101) providing for the printing of decisions 

of the Interior Department with regard t-o public lands and pensions 

for sale. 

Mr. RICHARDSON. I ask unanimous consent to consider the Senate amendments now and concur in them. They are only formal 

amendments. 

The SPEAKER. The amendments will be read, subject to objection. 

The amendments were read at length. 

Mr. RICHARDSON. It does not require any money eventually, for 

it goes back into the Treasury. It is simply to sell the decisions. 

There being no objection, the amendments were considered, and 

agreed to. DR. JOHN :B. READ. 

The SPEAKER also laid before the House the amendments of the 

Senate to the bill (H. R. 10633) for the relief of Dr. John B. Read. 

Mr. FORNEY. Ur. Speaker, I ask unanimous consent to concur in 

the Senate amendments. 

The SPEAKER. The amendments will be read, subject to objection. , The amendments were read at length. 

There being no objectjon, the Senate amendments were considered, 

and agreed to. 

LBCOLN I.-AND DISTRICT, NEW MEXICO. 

The SPEAKER also laid before the House the bill (S. 3390) to create 

the Lincoln land district in the Territory of New Mexico; which was 

read a first and second time. 

1\Ir. McRAE. Mr. Speaker, in behalf of the Delegate from New 

Mexico, who is temporarily absent, I ask leave to consider that bill now. 

It has been favorably reported upon by the House committee. 

The SPEAKER. The bill will be read, after which the Chair will 

ask for objection. 

The .bill was read, as follows: 

Be it enacted, etc., That a.U tha.t portion of the Territory of New Mexico em- braced within the boundaries of the county of Lincoln shall be constituted a separate land district, to be known as the Lincoln land district, the office of 

which said land district shall be located at the town of Roswell, Territory of New Mexico. 

SEc. 2. That the President shall appoint, by and with the advice a.nd consent of the Senate, a register and receiver of the public moneys of the United States 

for said district; and sa.id officers shall reside in the place where the land office 

is located, and they shall have the same power and receive the same emolu- ments as are or may be prescribed by law in relation to other land officers in the 

Territories of the United States. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

Mr. DINGLEY. Before consent js given, I would like to inquire if 

a similar bill bas been reported by the House committee? 

Mr. McH.AE. It has. 

Mr. DINGLEY. And meets the approval of the Secretary of the 

Interior? 

Mr. 1\fcR.AE. It has the approval of the Land Commissioner. 

Mr. DINGLEY. I have no objection t-o its consideration. 

There being no objection, the bill was considered, ordered to a third 

reading; and it was read the third time, and passed. 

:M:r. McRAE 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. 
,,,' 

' 1888. CONGRESSION .AL RECORD-HOUSE. 9133 

CHARLES WEITFLE. 

The SPEAKER also laid before the Honse Senate bill 3485, restoring 

the homestead right of Charles Weitfie; which was reada:first and second time, referred to the Committee on the Public Lauds, and ordered 

to be printed. 

l\IARGARET REN~EDY. 

The SPEAKER also laid before the Honse the bill (S. 307) for the . relief of Margaret Kennedy, with Honse amendments disn.greed to by 

the Senate. . The SPEAKER. If there be no objection, the House will insist upon 

its disagreement and agree to the conference asked. The Chair hears 

none, and it will be so ordered. 

The SPEAKER subsequently announced the appointment of Mr. . STONE, of Kentucky, Mr. LAWLER, and Ur. BROWER as conferees on - the part of the House. 

PENSACOLA AND :MEMPHIS RAILROAD COMPANY. 

The SPEAKER also laid before the Honse the bill (S. 3573) granting the 1·ight of way to the Pensacola and Memphis Hailroad Company over and through the public lands of the United States in the 

States of Florida, .Alabama, Mississippi~ n.nd 'l'ennessee, and granting 

the right of way to said railroad company over and through the United 

States naval and military reservations near Pensacola, in the A tate of 

Florida. 

Mr. HERBERT. I ask unanimous consent to take up and consider 

that bill at the present time. The Committ.ee on Naval Affairs have 

instructed me to report favorably a bill exactly like that excepting one word, and I shall ask that in that respect the bill be amended. 

The SPEAKER. The bill will be read, after which the Chair wi1l 

ask for objections. 

The bill was read, as follows: . Be it enacted, etc., That the Pensacola and Memphis Railroad Company, a. company orgnnized under the laws of the States of l<'lol'ida, Alabama, and Mississippi, is hereby granted the right of way, 100 feet wide, through the lands belonging to the United States lying- near Pensacola, in the State of Fl:>l'ida, known as the na>al reservation, be, and hereby is, granted to the Pensacola and Mem- phis Railroad Company, a. corporation orgnnized, etc., to be located to the sat- isfaction of the Secretary of the Navy, evidenced by his written consent: Pro- vided, That tlle said railroad company, on notification by the Secretary of the 

Navy, shall, within a reasonn.ble time thereaflcr, construct, maintain, and op- erate at its own expense a spur track or tracks to enter into and be located at such place or places within the present limits oft he navy-yard inclosure on said 

reservation as may be designated by the Secretary of the Navy: And providect further, "That the Secretary of the Navy be, and is hereby, authorized to allow 

the use by said company, in the accommodation of its general traffic and the 

maintenance of a. coaling station, of so much of the land and water-front of the 

said reservation lying west of and outside the present navy-yard inclo~ure as in 

his judgment will not be required for naval purposes, and as will not be a bin· 

derance to the public defense nor prejudicial to the be::tlth of those residing on the Government reservation, and not to exceed in any case 1,800 feet of water- front, which width may extend back along the line of said road not more than 

1,000 feet; the value of tbe use of land to be appraised by a board of naval offi- cers, to be appointed by the Secretary of the Navy: And 1Jrovided further, Tbv L said company shall reimburse the resident.s of said reeeryation for any damage to their property or tenements ca•1sed by the construction, excavation, or op- eration of said road, such damage in all cases to be fixed by said board: And providedfurthet·, That the right of way and other privileges granted in this sec- tion shall beoome inoperative and null and void, unless the said railroad com- pany shall complete the construction of and have in use its tracks acroS3 said 

1·eservation within one year from the date of the pas.5age of this act. The Secretary of the Navy may at any time when be shall deem it necessary for the public good cause to be remo>ed or destroyed all or any of the struct- ures hereby permitted, without subjecting the Government to damages, and 

Congress may at any timt;a alter or repeal this act. And the said company shall not erect or allow the use of any residences ou said reservation, nor shall it erect any structures of any kind thereon, except 

S:lch as the Secretary of the Na>y shall appro,·e, and all approvals in this act required shall be in writing. 

The SPEAKER. Is there objection to the present consideration of 

the bill? The Chair bears none. 

Mr. HERBERT. Mr. Speaker, I ask to amend that bill, in accord- an<:e with instructions from the Committee on NavalAffahs, by striking out, in line 22 of the first section, the words ''eighteen bundTed,'' 

and in lieu thereof inserting the words ''three hundred;'' so it will read 

'' 300 feet.'' 

I will state that the purpose is to give the railroad company a sufficiency of water front, but not to authorize them to monopolize all the 

front. There is room enough for several other railroads H they desire it-. 

The amendment was agreed to, and the bill as amended was ordered 

to a third reading; and it was accordingly read the third time, and 

passed. 

.1\Ir. HERBERT moved to reconsider ihe vote by which the bill was 

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

table. 

The lat_ter m?tion was agreed to. 

IrEKRY LECOMTE. 

The SPEAKER also laid before the House joint resolution (S. R .. 112) 

authorizing the Secretary of War to receive for instruction at the Military Academy, at West Point, Henry Lecomte, of Switzerland; which 

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

~ffairs, and ordered to be printed. 

RETURN OF BILL TO SENATE. 

The SPEAKER also laid before the House the following reqnest of 

the Senate: , IN THE SENATE OF THE UNITED-STATES, Octobc-'t' 1,1888, 

Resolved, That the Secretary be requested to ask the House of Representatives 

to return to the Senate the bill (S. 577) for the relief of the American Grocer APt. 

sociation, of the city of New York. 

The SPEAKER. If there be no objection, the request will be com- plied with and the Clerk will return the bill to the f:::leuate. 

There was no objection. 

LEAVE OF ABSEN"CE. 

By unanimous consent, leave of absence was granted in the following cases: 

To 1\fr. MArsH, indefinitely, on account of important business. 

To Mr. FELTON, indefinitely, on account of important and pressing 

personal business. 

To Mr. PAYSON, indefinitely, on account of business. 

To Mr. BYNU!If, indefinitely, on account of important business. 

1\IESS.A.GE FROM THE SENATE. 

A message from the Senate, oy Mr. PLATT, one of its clerks, an- nounced that the Senate had passed a concurrent resolution, in which 

the concurrence of the House was requested, providing for printing for 

the use of Congress 10,000 additional copies of the work known as 

"Growth of Industrial .Art; ll 3,500 copies for the use of the Senate, 

and 6,500 for the use of the House of Representatives. 

The message also anuounced.that the Senate bad passed a joint reso- lution (S. R. 104), in wll!ch the concurrence of the Honse was requested, 

to print additional copies of the Vnited States map, of the edition of 

1887, prepared by the Commissioner of Public Lands. 

EN"ROLLI!:D BILLS SIGNED. 

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

they had examined and found duly enrolled bills and joint resolutions of the following titles; when the Speaker signed the same: A bill (H. R. 9182) granting a pension to Ransom Riley; 

.A bill (H. R. 9148) granting a pension to Jane Robinson; 

.A bill (H. R. 9106) granting a pension to Peter Linev; 

.A bill (H. R. 8993) for the relief of Shadrach W. Brown; 

A bill (H. R 10122) granting a pension to Margaret Quinton; 

.A bill (H. R. 10121) granting a pension to Sarah A. Uason; 

.A bill (H. R. 10106) to place the name of Matilda Spangler on the 

peqsion-roll; 

A bill (H. R. 10103) granting a pension i.o William Fairbanks; 

A bill (H. R. 10017) granting a pension to Samu_el Anderson; 

A bill (H. R. 10504) granting a pension to Uary Hooper; 

A bill (II. R. 11332) granting a pension to Eliza S. Glass; 

.A bill (H. R. 10007) for the relief of Henry Rose; 

.A bill (H. R. 9358) to increase the pension of Rosalie O'Sullivan; 

A bill (H. R. 9169) granting a pension to Tempy-U. Johnson; 

.A bill (H. R. 11020) for the relief of Mary Vanbuskirk; 

.A bill (H. R. 11021) granting a pension to Charles Hahneman; 

.A bill (H . . R, 11005) granting a pension to Esther Gaven; , .A b.ill (H. H. 10944) granting a pension to Victoria May; 

A bill (H. R. 10907) granting a pension to Henry Mitchell Youngblood; _ 

.A bill (S. 3141) granting an increase of pension to Jonas Doering; 

A bill (S. 1264) granting a pension to Martha V. Coleman; . 

.A bill (S. 330) granting a pension to Manon Vangordon; 

.A bill (H. R. 10633) for the relief of Dr. John B. Read_; 

A bill (H. R. 10824) granting a pension to Mary A. Van Buskirk; 

A bill (H. R. 2139) granting a pension to George Rhody; 

A bill (H. R. 93-11) granting a pension to Dulcena Noel; 

A bill (H. R. 10245) granting an increase of pension to Hannibal 

Kimball; 

A bill (H, R. 10827) for the relief of Catharine Teegardin; 

A bill (H. R. 2120) granting a pension to Elizabeth Evans; 

.A bill (ll. R. 2471) granting a pension to Anna 1i1. Noyes; 

.A bill (H. R. 2073) granting an increase of pension to Daniel Willborg; 

.A bill (H. R. 1085) granting a pension to Thomas Rains; 

.A bill (H. R. 200) granting a pension to Walter 0. Watson; 

A bill (H. R. 10112) granting to the Duluth and Winnipeg Railway 

Company the right of way through the Fond dn Lac Indian reserva. 

tion, in the State of Minnesota; 

.A bill (H. R. 5174) granting a pension to Statim Young; 

A bill (H. R. 4102) granting a pension to Mary A. Carr; 

.A bill (H. R. 11057) granting a pension to Margaret Gray; 

.A bill (H. R. 4039) granting a pension to Mary A. Pfeiffer; 

.A bill (H. R. 10881) granting a pension to Nancy G. Cotner; 

A bill (H. R. 2472) granting a pension to Lydia A. Eaton; 

A bill (H. R. 968) granting a pension to H. S. Sayre; 

.A bill (H. R. 508) granting a pension to Sarah F. Hawkins; 

A bill (H. R. 201) granting a pension to Edward Waters; 

.A bill (H. R. 4820) granting a pension to Edwin Kelly .. 

.A bill (H. R. 4038) granting a pension to Victoria, Gertrude, Uarga.:. 

ret, and Helen, minor children of Lieut. George R. McGuire; 

.A bill (H. R. 9371) granting a pension to Betsey Williams; ·A bill (H. R. 9370) granting a pension to Mrs. Susan Bates; 

.A bill (H. R. 71A5) granting a pension to Samuel N~ikirk~ 

.A bill (H. R. 6409) for the relief of Perry R. Nye; 

.A bill (H. R. 3908) increasing the pension to Jesse L. Garrett; 

A bill {H. R. 3801) granting a pension to Nelson G. Crook; 

• 

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9134 CONGRESSIONAL RECORD-HOUSE. OCTOBER 3, 

A bill (H. R. 3504) for the relief of John Geeman; 

A bill (H .. R. 3152) for the relief of Arlington l\1. Harrison; 

A bill (H. R. 27 8) granting a pension to Lieut. George T. Russell; 

A bill (H. R. 2716) granting a pension to J. W. Leight; 

A bill (H. R. 2689) granting a pension to Johanna Geyer, widow of 

Gustave W. Geyer; 

A bill (H. R. 2566) for the relief of Phillip Kopplin; 

A bill (H. R. 2474) granting a pension to Joseph Lincoln Young; 

A bill (H. R. 6201) granting a pension to John Robeson; 

A bill (H. R. 6022) granting a pension to Smith Bod1..-ins; 

A bill (H. R. 5740) granting a pension to Anson Ward; 

A bill (H. R. 5193) granting an increase of pension to Benjamin 

Franklin· 

A bill (H. R. 7457) granting a pension to Eleanor D. Heath; 

A bill (H. R. 9935) to increase the pension of Isaac Hurd; 

A bill (H. R. 9862) granting a pension to Benjamin F. Bair; 

A bill (H. R. 9719) for the relief of Thomas Shackelford; 

A bill (H. R. 7485) granting a pension to Mrs. V. Wilcox; 

A bill (H. R. 7657) granting a pension to l\1a.ry Woodworth, widow 

of Ebenezer F. Woodworth; 

A bill (H. R. 7912) for the relief of Frances P. Vernon; 

A bill (H. R. 8200) granting a pension to Lydia Ann Wilber; 

.A. bill (H. R. 8553) granting a pension to Arabella. Davis; 

A bill (H. R. 8748) to increase the pension of Richard Jobes; 

A bill (H. R. 11222) granting a pension to Elizabeth Heckler; 

A bill (H. R. 11243) granting a pension to 1\iar.v E. McQueen; 

A bill (H. R. 10738} to increase the pension of George C. Quick; 

.A bill (H. R. 10708) granting a pensio~ to Jane E. Knoble; 

A bill (H. R. 10705) granting a pension to .l\1ary 0. L. Tanner; 

A bill (H. R. 10687) granting a pension to Charles Junot; 

A bill (H. R. 10672) granting a pension to 1\Iighill H. Patten; 

A bill (H. R. 10661) granting a pension to Mrs. Sophia Vogelsang; 

A bill (H. R. 10629) granting a pension to Washington Ryan; 

A bill (H. R. 10563) granting a pension to WilliamS. Latham; 

A bill (H. R. 6309) for the relief of Mary A. Covey; 

A bill (H. R. 10210) to increase the pension of Philip Thomas; 

A bill (H. R.10173) granting a pension to Catharine Mulligan; 

A bill (H. R. 10171) granting a pension to Rachael Rogers; 

A bill (H. R. 11030) granting a pension to Susan E. Lattnre; 

A bill (H. R.10159) granting a pension to Jenny Buell; 

A bill (H. R. 9975) granting a pension to Joseph Welsh; 

A bill (H. R.10342) ~ranting a pension to John Dauper; 

A bHl (H. R.10274) granting a pension to Joseph W. Filler; 

A bill (H. R. 10258) to place the name of Cyrus M.illins on the pension-roll; . A bill (H. R. 10256) to place the name of Lucy Wagor on the pension-roll; , A bill (ll. R. 10241) increasing the pension of Richard Porter; 

A bill (H. R. 10224) granting a pension to Elias H. Hall; 

A bill (H. R. 5248) for the relief of the American Grocer Association; 

A bill (H. H. 2696) for the relief of John J. Crooke; 

Joint resolution (H. Res. 210) authorizing the printing of the third 

annual report of the Commissioner of Labor; 

Joint re::solution (S. R. 110) in aid of the sufferers from yellow fever; 

A bill (S. 317) for the relief of William A. Bevens; 

A bill (S. 544) to authorize the construction of a highway bridge 

across that part of the waters of Lake Champlain which separates the 

islands of North Hero and South Hero, in the county of Grand Isle, in 

the ')tate of Vermont; 

A bill (S. 602) for the relief of James 1\iillinger; 

A bill (S. 654) granting a pension to John M:otz; 

A bill (S. 1766) granting a pension to Stephen Butler; 

.A bill (S. 2321) granting a pension to John V. Hennessey; 

A bill (S. 2519) to make enlisted men of the Signal Corps responsible 

for public property; . A bill (S. 3168) regulating admission to the institutions of the Association for Works of Mercy in certain cases, and for other purposes; 

A bill (S. 2563) to compensate 1\I.rs. Sarah L. Larimer for important 

services rendered the military authorities in 1864 at Deer Creek Station, 

.Wyoming; 

A bill (S. 2606) granting a pension to John B. Timberman; 

A bill (S. 3098) concerning the settlement of the boundary lines between Connecticut and Rhode Island; 

A bill (S. 3208) granting a pension to WilliamS. Bradshaw; 

A bill (S. 3306) granting a pension to Mary K. Richards; 

A bill (S. 122) granting a pension to Samuel Lane; 

A bill (S. 2613) to amend an act approved June 15, 1882, changing 

the boundaries of the fourth collection district of Virginia; 

A bill (8. 249) to prevent the manufacture or sale of adulterated food or drugs in the District of Columbia; and 

Joint l.'esolution (S. R. 10) relating to the inclosure of certain points 

of special interest on the battle-field of Gettys burgh. 

RICHARD H. PARHAM, ADMINISTRATOR. 

nr. MORGAN. I ask unanimous consent that the Committee of the 

Whole Honse be discharged from the further consideration of the bill 

(H. R. 10098) to refer the claims of Richard H. Parham, administrator 

of George Gorman, deceased, and Robert S. McDonald to the Court of 

Claims. 

The bill was read, as follows: 

Be it enacted, etc., That jurisdiction is hereby conferred upon the Court of 

Claims to hear and determine the claims of Richard H. Parham, administrator 

of George Gorman, deceased, and of Robert S. McDonald, of Marshall County, 1\Iississipp~. for stores and supplies taken and used by the .Army of the United 

States durmg the late war. 

The SPEAKER. Is there objection to the present consideration of 

this bill? 

Mr. EZRA B. TAYLOR. I would like to know whether any com- mittee has reported this bill? 

Mr. MORGAN. Yes, sir; it has been reported by the Committee on 

War Claims with a favorable recommendation. The claim involves· 

only nine or ten t.housand dollars, and the bill simply provides for a 

reference of it- to the Court of Claims for inquiry and ascertainment of 

the facts. 

The SPEAKER. Is there objection? 

Mr. DINGLEY. I desire to reserve the right to object until I hear 

the report read. 

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

The Committee on War Claims, to whom was referred the bills (H. R. 825and 

829) for the relief of Richard H. Parham, administrator of George Gorman, deceased, und RobertS. McDonald, report as follows: It appears from the proof submitted that the Committee on War Claims ot 

the Forty-ninth Congress transmitted these claims to the Court of Claims for a finding of facts under the provisions of the Bowman act. The loyalty has been 

favorably determined by the court, but the cases were dismissed by thnt tribunal for want of jurisdiction. • Your committee are of opinion that the court should have jurisdiction so as to pass upon the merits of the claims, and report herewith a bill conferring au- thority upon the Court of Claims to adjudicate the claims, and recommend its passage. · 

Mr. DINGLEY. I should like to have the gentleman from Alabama [Mr. MoRGAN] explain why these cases were dismissed by the 

court for want of jurisdiction. 

~Ir. MORGAN. I do not know exactly, but I think there was some 

statute intervening. I believe the claim was not presented in time, 

through some inadvertence on the part of the attorneys employed. 

Mr. DINGLEY. Simply a statute oflimitation? 

Mr. MORGAN. Simply a ~tatute of limitatiq_n. . 

Mr. DINGLEY. Can the gentleman state whether these supplies 

were furnished by order of the proper officers? 

:Ur. MORG4-N. The supplies were furnished to the Army, but I 

can not say by whose order. All these questions, however, will be 

investigated by the court. 

Mr. DINGLEY. I understand the gentleman to say that the bill 

only provides for a reference of the claims to the Court of Claims. 

Mr. MORGAN. Simply a reference for the ascertainment of the 

facts. 

The SPEAKER. Is there objection? 

There was no objection. 

The bill was ordered to be engrossed and read a third time; and being 

engrossed, it was accordingly read the third time, and passed. 

Mr. MORG~ moved t.o 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. 

· DR. DA. VID BELL. 

Mr. BUTLER. I ask unanimous consent that the Committee of th9 

Whole be discharged from the ~ther consideration of the bill (H. R. 

8557) for the relief of Dr. David Bell. 

The bill was read, as follows: 

Be it enacted, etc., That the Secretary of the Treasm-ybe, and he ishereby,authorized and directed, out of any money not otherwise appropria~d. to pay to Dr. Da\"id Bell, of Limestone Cove, Unicoi County, Tennessee, his pay as as- sistant surgeon of the Thirteenth Tennessee Cavalry, from the 15thdayofl\lay, 1~. to the 1st day of January, 1865; he having discharged the duties as such surgeon by the request and direction of the colonel of said regiment and General Gillem, commander of the brigade in which said regiment belonged. His 

services were required on account of an unusual amount of sickness in said 

regiment. · 

The SPEAKER. Is there objection to the request of the gentleman 

from Tennessee [Mr. BUTLER]? 

Several MEl\IBERS. Let the report be read. 

The report (by 1\Ir. BRoWER) was read, as follows: 

The Committee on War Claims, to whom was referred House bill8557, report as follows: 

This is a claim for services as assistant surgeon of the Thirteenth Tennessee Cavalry from the 16th of lay, 1864, to 1st of June, 1865. Your committee report back the bill and recommend that it do pass. 

:Mr. KILGORE: I would like to inquire of the gentleman from 

Tennes ee [Mr. BUTLER] why it is that this claim has never been :presented before. Twenty-five years have elapsed since it accrued, and it seems to me it ought to have been presented and disposed of long ago. 

U.r. BUTLER. I do not know the reason. The claimanthasmade 

efforts here tluough his Representatives for years, but I suppose he 

could never get anybody to attend to it. [Laughter.] 

Mr. KILGORE. I believe I shall have to object. 

.
1888. CONGRESSIONAL RECORD-HOUSE. 9135 

Mr. BUTLER. I hope the gentleman will not object unLilbebears I asked a conference mtb the House on the disagreeing votes oftbet~o my statement. 

1\Ir. KILGORE. How much money is involved? 

1\Ir. BUTLER. Four or five hundred dollars. 

Mr. WHITE, of New York. This is only about six months' pay 

altogether. 

.. Mr. KILGORE. A little thing may be as.far out of the way_ as a 

big thing. 

1\Ir. BUTLER. The claimant is an old man and is now on his back 

with paralysis. 

M:r. KILGORE. I will not object. 

The SPEAKER. Is there further objection? 

There was no objection. 

The bill was ordered to be engrossed and read a third time; and being 

engrossed, it was accordingly read the third time, and p~sed. 

1\Ir. BUTLER 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. 

J Al\IES BALLARD. 

Mr. JOHNSTO:i:-, of North Carolina. I ask unanimous consent that 

the Committee of the Whole be discharged from the further consideration of the bill (H. R. 6782) for the relief of James Ballard. 

The bill was read, as follows: 

Be it enacte.d, etc., That the Paymaster-General of the Army of the United States, out of any money in his hands for the payment of the Army, is hereby authorized and dire cted to pay to James Ballard, late of Company-, Thin! North Carolina.l\lounted Infantry, an amount equal to the pay and allowances of a. --lieutenant, from the-- day of---, 186-, to-day of--,186-. 

Th~ SPEAKER. Is there objection to the request of the gentleman 

from North Carolina? 

1\Ir. TURNER, of Georgia. Reserving the right to object, I would 

like to have the gentleman from North Carolina. state the character 

and amount of the bill. 

Mr. JOHNSTON, of North Carolina. The report is very brief and 

it explains the character of the bill. Let the report be read. 

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

The Committee on War Claims, to whom was referred the bill (H. R. 6782) for the relief of James Ballard, report as follows: James Ballaxd waB mustered into service as a pri'\'ate in Company A, Third North Carolina Moun ted In fan try Volunteers, June 11, 1&», to serve three years. For some reason he was transferred to Company G, same regiment, and in :March and April, 1865, he is reported as second lieutenant, present for duty, 

"promoted f1·om the ranks per special order dated Headquarte.rs Department of the Cumberland, Nashville, Tenn. March 21, 1865." Muster-out roll of said company, dated August 8, 1865, reports him second lieutenant, "promoted f1·om private to second lieutenant, February 16, 1865." Your committee therefore report. back the bill and recommend its passage with the following amendments: In line 6, insert "G" after "Company;" in line 7, insert "second" before "lieutenant;" in line 8, insert "sixteenth" before "day," and "February" after "of," and "five" after "sixty." In line 9, insert "eighth" before "day," "August" after ''of," and" five" after "sixty." 

The amendments recommended by the committee 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 th.ird time, and 

passed: · 

1\Ir. JOHNSTON, of North Carolina, moved to reconsider the vote 

by which the bill as amended was passed; and also moved that the 

motion to reconsider be laid on the table. _ 

The latter motion was agreed to. 

YANKTON AND ru:ISSOURI RIVER RAILWAY COMPANY. 

The SPEAKER announced the appointment ofMr. PEEL, 1\Ir. ALLEN 

of Mississippi, and Mr. NELSON as conferees on the part of the House 

upon the disagreeing votes of the two Houses on the bill (H. R. 7547) 

granting the right of way to the Yankton and Missouri River Rail way 

Company through the Yankton reservation, in Dakota. 

IIIESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCooK, its Secretary, announced 

that the Senate had agreed to the report of the committee of conference 

on the disagreeing votes of the two Houses on the amendments of the 

Senate to the bill (H. R. 10896) making appropriations to supply de· 

ficiencies in the appropriations forthefiscal year ending Jnne 30,1888, 

and prior years, and for other purposes; also that the Senate further 

insisted on its amendments numbered 41, 100, 112, 113, 114, and 231 

to the said bill, disagreed to by the House of Representatives. 

The message also announced that the_ Senate had agreed to reports 

of committees of conference on the disagreeing votes of the two Houses 

on bills and joint resolution of the following titles: 

A bill (S. '3234) to abolish circuit-court powers of certain district 

courts of the United States, and for other purposes; 

A bill (H. R. 3300) to amend an act to enable the city of Denver to 

purchase certain land for cemetery purposes; and 

Joint resolution (8. R. 110) in aid of sufferers from yellow fever. 

The me..o;sage also announced_ that the Senate had disagreed to the 

amendment of the Hou~ to the bill (S. 3559) to amend section 2304 of 

-the Revised Statutes of the United States to allow persons who have 

; abandoned or relinquished their homesteads to make another entry, 

Houses, and bad appointed as conferees on the part of the Senate 1\Ir. 

DOLPH, Mr. P AD.QOCK, and Mr. BERRY. 

JAMES E. ANDREWS. 

1\Ir. NELSON. I ask unanimous consent for the present considera· 

tion of the bill which I send to the desk. 

The bill (H. R. 8847) to authorize the Secretary of the Treasury to 

issue certain duplicate bonds to James E. Andrews, in place of certain 

bonds destroyed by fire, was read. 

The SPEAKER. Is there objection to the present consideration of 

this bill? 

Mr. HAUGEN. I ask leave to make a statement. 

The SPEAKER. The gentleman, as the Chair understands, asks 

leave to make a statement, reserving the right to object .. 

1\fr. HAUGEN. Yes, sir. 

The SPEAKER. The Chair bears no objection. 

1\Ir. HAUGEN. 1\Ir: Speaker, during the early part of this session 

the gentleman from Minnesota [Mr. NELSON], who now calls up this 

bill, asked unanimous consent for the passage of a bill which, as I considered, affected injuriously my constituents. I exercised my privi· 

lege of objecting to that bill. On Friday last I called up a bill which 

in no wise affected the interests of any constituent of the gentleman 

from Minnesota; but be saw fit to apply to me the lex talianis, and to 

object to the consideration of that bill, at the same time serving notice 

upon me that I should pass no bill here until I consented to the pas· 

sage of the bill of his which I considered injurious to the interests of 

my district. I shall therefore apply to the gentleman the same rule 

which he applied to me. I object to the consideration of this bill. 

ADDITIONAL CLERK FOR CO.MMITIEE ON ENROLLED BILLS. 

The SPEAK~R. The gentleman from Texas' [Mr. KILGORE], chairman of the Committee on Enrolied Bills, asks the adoption of aresolu· 

tion designed to Htcilitate the work of tliat committee, all the members of the committe~, except himself, being now absent from the city. 

The Clerk will rea.d the resolution, after which there will be opportunity for objection. 

The Clerk read as follows: 

Re.solved, That the Committee on Enrolled Bills be authorized to employ one additional clerk at the rate of ~per day, for the remainder of this session of Congress, to be paid out of the con tin gent fund of the House. 

The SPEAKER. Is there objection?-

1\Ir. EZRA B. 'l'AYLOR. I object. 

SUFFERERS BY WRECK OF TALLAPOOSA. 

1\fr. TlliOTHY J. CAMPBELL. I rise to make a privileged report-the report of a committee of conference. I ·will state that the 

original copy of the amendments was mislaid or lost; and the Clerk has 

prepared another copy to conform to the action of the House. 

The SPEAKER. The gentleman from New York [1\Ir. TIMOTHY J. 

CA:MPBELL], who desires to present the report of a committee of conference, states that the original engrossed copy of the House amendments was mislaid, and that the Clerk of the House h~ made a duplicate copy of those amendments, upon which this report is based. If 

there be no objection: the House will proceed to act upon the report. 

The Chair hears no objection. 

The Clerk read· as follows: 

'l'he committee of conference on the disagreeing votes of the two Houses on - the an::endments of the House to the bill (S. 869) for the relief of the sufferers by the wreck of the United States steamer Tallapoosa, having met, after full and free conference have agreed to recom.p1end and do recommend to their respective Houses as follows: . That the Senate reced~ from its disagreement tO the amendment numbered 1 of the House, and agree to the same with the following amet..dment: Strike out from the original bill the words "one thousand" and insert the words •• seven hundred and fifty." Amendment numbered 2: That the Senate recede from it.s disagreement to the amendment of the House numbered 2, and agree to the same with an amendment as follows: Page 3, line 26, strike out the words "or in case there be not such, then the parent or parents, and if there be no parents the brothers and sisters;" page 3, line 30, strike out the words" Clarence E. Black, passed assistant surgeon," and at the end of the section add: "And provided further, That there shall be paid out of the Treasury of the United States to the legal 

representatives of Clarence E . Black, passed assistant surgeon United States Navy (deceased), the sum of $750.'' 

The report was agreed to. 

T. J. CA:MPBELL, L. F. McKINNEY, 

DANIEL KERR, 

Managers on the part of the House. 

J.D. CAl\IERON, 

WM. E. CHANDLER, 

JO. C. S. BLACKBURN, 

Managers on the part of the Senate. 

1\Ir. TIMOTHY J. CAMPBELL moved to reconsider the vote by 

which the report was agreed to; and also moved that the motion to 

reconsider be laid on the table. 

The latter motion was-agreed to. 

MESSAGE FROM THE SEN ATE. 

A message from the Senate, by Mr. McCooK, its Secretary, announced that that body requested the return of the bill (H. R. 10633) 

for the relief of Dr. John B. Read. 
9136 CONGRESSIONAL RECORD-HOUSE. OCTOBER 3, 

BRIGHTWOOD RAILWAY CmiP.A:hTY. 

Mr. TIEARD. I submit the following privileged report. 

The Clerk read as follows: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 2742) to incorporate the Brightwood 

Railwn.:r Company of the District of Columbia, having met, after full and free ' confercm:e have agreed to recommend and do recommend to their respective Houses ns follows: That the Senate recede from its disagreement to the amendment numbered 1, and agree to the sn.me wit.h an amendment as follows:. After the words ".sin~le 

or," in line 8, insert "with the approval of the commisswners of the DIStrict, a·" so as to read: "And by that name may sue and be sued, implead and be i~pleaded, with authority to construct and lay down a single or, with the ap- proval oft be commissioners of the District, a double track, el<l." That the Senate recede from its disag reement to the amendment of the House numhererl 2, inserting, after the words "cents," in line 12, page 2, the words 

"Provided, lf elect.ric wires or cables are used, the same shall be placed under- ground." 

That the enate insist on its disagreement to tile amendment of the House numbered 3, end the House recede from the same, the amendment being to in- sert after the word" jurisdiction," in line 7, page 6, the words "Provided, That the full amount of the ca pital stock subscribed shall be paid in full in cash be- fore said company shall operate said road." That the House recede from its disagreement to the amendment numbered 4, insertin~ ufter tile word "instruction," in line 16, page 9, the words" Prm:ided, That H ;i;all exercise no powers not herein expressly grant-ed." B. COMPTON, JOHN T. HEARD, M. S. BREWER, 

Matlagers on the part ojthe Hottse. 

I. G. HARRIS, C. B. FARWELL, JOHN C. SPOONER, 

Manager11 on the part of the Sena-te. 

The SPEAKER pro iempm·e. The Clerk will read the statement of 

the Hoose conferees, which, under the rules, accompanies the conference 

reoort. 

The Clerk read as follows: 

STATEMENT OF CO~FEREES. 

Mr. Speaker the conferees on the part of the House, appointed to confer with the Senate con'ference committee on the disagreeing '\·otes of the two Honses on the amendments of the House to Senate bill No. 3742 to incorporate the llrightwood Rail way Company of the District of Columbia, respectfully submit the following statement relative to said conference, and in explanation of the repo.A~s~e~:~~h £e~~£~t~~~m its disagreement to amendment numbered 1, and agrees to the amendment with an amendm~nt .. The nmen?ment of the H?us_o 

proposed to strike out !h!'l word "dc;>ul?le," m_line 8 of sect10p 1, so as to limit said company to the priVIlege of I?m.ldmg a swg~e track. 'I he amendm~nt .to the amendment qualifies the restnctwn so thatw1th the appro>al of the D1str10t commissioners a. double track may be laid. Amendment numbered 2, the disagreement to which is receded from by the Senate requires said company, in case it uses electric wires or cables, to place the sa~e under t-he ground, which the House conferees regarded as important, and successfully urged its adoption. ' Amendment u umbered 3,from which your conferees rec<?mmend that the House recede was designed to compel the stockholders to pay m full the par v!llue of the entire capital stock authorized t<;> be issued by t_he company befor~ sa1d com- pany should operate said road. ~his amendm~nt IS n~t regarded as Important, ?or the reason that said company IS not authonzed to Issue any bonds or other obligations in which the P';lblic coul~ beco~e.interested, and whil~ the amount of the capital stock authoriZed to be Issued IS Just what your committee thought necessary, if paid in full to build said road. Still, if the I:oa!f can be built for less, we see no reason why any more money should be pa1d mto the. tre!lsury of said company than would be necessary to construct the road, wh1ch IS the o nly thing in which the outside public is really interested. -Amendment numbered 4 from which your conferees recommend that the House recede, is in the na~re of a proYiso,_which reads as follows: "P_rovid_ed, That it shall exercise no powers not herem expressly granted." Tlus bemg considered surplusage by your conferees, and it bein~ol_>ject~d to by the Senate conferees on the ground that the a~sence from oth~r Sllt?-Ila:t: charters ?f any such language, and its adoption here, might be held by .I~pltcatwn t? be mtended to curtail in an unusual measure the powers and privileges of this company, and your conferees being of the opinion that it is entirelyunnecessarytoprotect the public, they therefore make the recommendation to recede. 

The report was adopted. · Mr. HEARD moved to reconsider the vote by which the conference 

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

laid on the tab.le. 

The latter motion was agreed to. 

DEFICIENCY APPROPRIATION BILL. 

Mr. KILGORE. I demand the regular order of business. Mr. BURNES. I submit the following privileged report. 

The Clerk read as follows: The committee of conference on the disagreeing yotes of the two Houses on the amendments of the Senate to the bill (H. R. 10800) making appropriations to supply deficiencies in the appropriations for the fiscal year endmg June 30, 

1888, and prior years, and fpr other purposes, having met, after full .and free C?n- ference haYe agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 10, 13, 14, 19, 23, 26, 28, 

34, a5, 36, 37, 38, 40, 43, 4.8, 4.9, 50, 51, 52, 64, 66, 67, 78, 79, 81, 82, 84, 85, 86, 90, 91, 93, 

103, 116, 117, and 137. That the House recede from its disagreement to the amendments of the Sen- ate numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 17, 18, 20, 21, 22, 24, 25, 27, 30, 31, 32, 33, 

44 45 (6 47, 53, 55, 56, 57, 58, 59, 60, 61, 62, 65, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 80, 83, ~n' ss' s9' 92, w 95 96, 'irl, 98, 99, 101, 102, 104, 10.'5, 106, 1os, 109, no, 111, 11s, 119,120, 12i 122 '123 1:U i25 126, 121, 128, 129, 131, 1s2, 133, 134, 135, 136, 139, 14o, 141, 142, 143: 144,'145.'146, 'u1, i48, 149,150, 151, 152, 153, 154., 155, 156, 157, 158, 159, 100, 161, 

162, 163, 164, 165, 166, 167, ISS, 169, 170, 171, 172, 173, 174. 175, 176, 177, 178, 179, 180, 

181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 1_;'4. 195, 196, 197, 198, 199, 

200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210. 211, 212~,. 21.:., 214, 215, 216, 217, 218, 

3!9, 220, 221, 222, 223, 224, 225, 226, 227, 228, and 229, ana agree to t~e same. Amendment numbered 11: That the House recede from its disagreement to 

the amendment of the Senate numbered 11, and agree to the same with &n 

amendment as follows: In lieu of the sum proposed, insert "$1,000; " and the Senate agree to the same. Amendment numbered 12: That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment as follows: In lieu of the sum propo.red in said amendment, inscd "6,000; " and the Senate agree to the same. Amendment numbered 29: That the House recede from its disagreement to the amendment of the Senate numbered 29, and agree to the same '•ith an amendment as follows: After the matter proposed to be inserted by said amend- ment insert the following: "To refund to the heirs of C. A. J. Flemister the balance of the proceeds of a sale of certain real estate of said Flemister, covered into the Treasury over and above his indebtedness to the Government, $-175." And the Senate agree to the same. .Amendment numbered 39: That the House recede from it.s disagreement to the amendment of the Senate numbered 39, and agt·ee to the same with an amendment as follows: After the matter proposed to be inserted by said amend- ment insert the following: "To enable the commissioners of the District of Co- lumbia. to employ counsel in special cases during the fiscal year 1889, 82,500, or so much thereof as may be necessary; " and the Senate agree to ilie same. Amendment numbered 42: That the House recede from its disagreement to the amendment of the Senate numbered 42,and agree to the same with an amend- ment as follows: In lieu of the matter proposed to be inse1·ted by said amend- ment insert the following: "Increase of water supply, "\Vashington, D. C.: That all work heretofore per- formed upon the \Va.shington Aqueduct tunnel, together with the provisions o( any contract made for the same or any portion thereof, shall forthwith be fully 

investigated by a joint select committee of six members, of whom three shall be members of the Senate, to be appointed by the President of the Senate, and three shall be members of the House of Representatives~,. to be appointed by the Speaker. Said committee shall have authority to employ a clerk and stenog· 

mpher and such experts as it may deem necessary for the inYestigation ; it may sit during the sessions of Congress or in recess, and shall ha.ve full power either in full committee or subcommittee to administer oaths and send for per- sons and papers and to conduct its investigation either in "\Vashington or itl such places as may be deemed necessary; it shall make full report of its proceedings and the conclusions arrived at, with such recommendatiens as it may deem proper, to Congress on or before January 1, 188!>; and for these purposes the sum of $5,000, or so much thereof as may be necessary, is hereby appropriated to be disbursed on vouchers approved by said committee." And the Senate agree to the same. Amendment numbered 54: That the House recede from its disagt•eement to the amendment of t.he Senate- numbered 54, and agree to the same with an amendment as foliows: In line 7 of said amendment strike out the word "sixtyseyen" and insert in lieu thereof the word "sixty-six; " and the Senate agree to the same. Amendment numbered 63: That t.he House recede from its disagreement lo the amendment of the Senate numbered 63, and agree to the same with an amendment as follows: In lieu of the sum p1·oposed in said amendment insert "$1,328.07;" and the Senate agree to the same. Amendment numbered 107: That the House recede from itR disagreement-to the amendment of the Senate numbered 107, and agree to the same with an amendmentnsfollows: After the matte1· proposed to be insert-ell by said amend- m~nt insert the following: · '"fo provide for the payment of the claims enumerated in Senate Executive Document No. 270, Fiftieth Congress, first session, for fees of district attorneys, as follows, namely: Fiscal year 1886, ~320; for fiscal year 18 7, $4,744.90; in all, 

$.3,00!.90." And the Senate agree to the sn.me. Amendment numbered 115: That the House recede from its disagreement to the amendment of the Senate numbered 115, and agree to the same with an amendment as follows: Strike out the matter pror.osed to be inserted by said amendment and insert after line 2, page 2, of the bill, the following: ''To pay out of humane consideration, and without. reference to the question of liability therefor, the sum of $276,619.75 to the Chmec:e Government. as full ind-emnity for all losses and inju1·ies sustainEtd by Ohine e subjects within the n1

tcd States at the hands of residents thereof." · And the Senate agree to the same. . Amendment numbered 130: That the House recede from its disagt·eement to the amendment of the Senate numbered 130, and agree to the same with an amendment as follows: After the matter proposed to be inserted by said amend- ment insert the following: ''To reimburse the Official Reporter of the Senate for moneys paid for cleri- cal hire during the first session of the Fiftieth Congress, and for extra clerical services and expenses occasioned by the proiongat1on of the se83ion, $5,000." And the Senate agree to the same. Amendment numbered 138: That the House recede ft·dln its disagreement to the amendment of the Se ate numbered 138, and agree to the same with an amendment as follows: After the matter proposed to be inserted by said amend- ment insert the following: "To pay all session employes of the House of Representatives authorized by the 'Act making appropriations for the legislative, executive, and judicial ex- penses of the Government for the fiscal year ending June 30,1838, and for other purposes,' approved March 3, 1887, at the several rates of compensat~on therein allowed from the 5th day of July, 1888, to the end of the present sess1on of Con- gress, $45,000." And the Senate agree to the same. Amendment numbered 230: That the House recede from its disagreement to the amendment of the Senate numbered 230, and agree to thE! same with an amendment as follows: After the matter proposed to be inserted by said amend- ment insert the following: . - "SEc. 7. That for the payment of the following claims certified to be due by the several accounting ?fficers of the Treasury Departr;nent under appropria- tions the balance of which have been exhausted or earned to t·he surplus fund node~ the provisions of section 5 of the act of June 20, 1874, al}d under appro- priations heretofore treated as permanent, being for the serVIce of the fiscal vear 1886 and prior years, and which have been certified to Congress under sec- iion 2 ofibe act of July 7, 188!, aS' fully set forth in House Executive Document To. 455, Fiflieth Congress, first session, there is appropriated as follows: 

"WAR DEPART.iiiE])."T CL.-\.IMS ALLOWED BY THE SECOND AUDITOR AND SECOND 

COMPTROLLER. 

''For pay or two and three year volunteers, 1871 and prior years, $27,708.15. "For bounty to volunteers and their widows and legal heirs, 1871 and prior years, f-20,069.46. ''For bounty, act of July 28, 1886, 1880 and prior years, $4,525.89. "For pay, etc.,ofthe Army, 1886 and prior years, $369.47. "For pay, etc., of the .Army, 1887, S606.20. "For pay, etc., of the Army, 1888, 1225.75. 

"INTERIOR DEPARTMENTCLAIJIIS ALLOWED :BY THE SEOO~"'D AUDITOR AND SECOND 

COMPTROLLER. -

•• For pay of Indian agents, 1886 and prior years, 8206.75. 
1888. CONGR .. ESSIONAL RECORD-HOUSE. 9137 

.. 11 WAB. DEPAB.TMEHT CLAIMS ALLOWED BY THE THIRD AUDITOR AND SECOND 

COMPTROLLER. 

"For transportation of the Army and its supplies,1886 and prior yean~,liQ4.81. 

"For regular supplies, Quartermaster's Department, 1886 and prior years, ~9.25. 

"For incidental expenses, Quartermaster's Department, 1886 and prior years, $164.62. . ··For clothing and camp and garrison equipage, 1886and prior years, 88 cents. " For 50 per cent. of arrears of Army transportation due certain land-grant 

railroads, 1886 and prior years; $5.68. "For commutation of rations to prisoners of war in rebel States and to sol- diers on furlough prior to July-1, 1886, $435. 

" For contingencies of fortifications, $49.33. "For pay. transportation, ser~ices, and supplies of Oregon and Washington 

Volunteers in 1855 and 1856, 1!f71 and prior years, $23.67. "For horses and other property lost in the military service prior to July 1, 

1886, 35,415.16. 

"NAVY DEPARTMENT-CLAIMS ALLOWED BY THE FOURTH AUDITOR A..,."'q]) SECOND 

COMPTROLLER. 

"For pay of the Navy prior to July 1, 1&>6, 818,798.40. "For pay, Marine Corps, prior to July 1, 1886, $11.40. •' For provisions. Navy ,Bureau of 1:'rovisions and Clothing,1866 and prior years, 521337.93. . • For enlistment bounties to seamen, prior to July 1,1886, $100. "For the payment of claims for difference between actual expenses and mile- age allowed under the decision of the United Stat-es Supreme Uourt iu the case of Graham vs. United States, 8135.50." And the Senate agree to the same. 'rhe committee of conference have been unable to agre'! on the amendments of the Senate numbezed 41,100,112,113,114, and 231. JAS. N. BURNES, JOSEPH D. SAYERS, THOS. RYAN, Man gers on the part of the House. 

EUGENE HALE, W. B. ALLISON, F. M. COCKRELL, 

Managers on the pa1·t of the Senate. 

J\Ir. McKENNA. I reserve all points of order. 

The SPEAKER. Is the reading of the statement on the part of the 

House conferees demanded? 

Mr. BURNES. I move, by unanimous consent, its reading be dispensed with. 

Mr. OATES. I should like to have it read. 

The stat-ement of the House conferees accompanying the conference 

report under the rules was read, as follows: 

The managers on the part of the House of the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 108. 6) making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1888, and for prior years and other purposes, sub- mit t!Je following: written statement in explanation of the ell'ect of the action recommended on said amendments by the conferees in the accompanying re- port: 

On amendments numbered 1, 2, 3, 4. 5, 6, 7, 8, and 9: Appropriates for certain items of deficiencies on account of the diplomatic and consular service, which ha~e been certified by the proper accounting officers of the Treasury Depart- ment. 

On amendment numbered 10: Strikes out the item of $'271.71 proposed to be inserted to reimbm·se B. T. Bonham, United States consuJ...genet·al at Calcutta, for transit pay in 1885. On amendment numbered 11: Increases the amount for procuring additional evidence relative to the French spoliation claims from $500 to $1,000. On amendment numbered 12: Aopropriates $6.000 to payS. Dana Horton for additional services as delegate to the International Monetary Conference and as delegate and secretary to the Monetary Conference. On amendment numbered 13: Strikes out proposed appropriation of $700 for depositary in addition to his pay as postmaster nL Tucson, Ariz. On amendment numbered 14: Strikes out proposed appropriation of $36 for wnges and contingent expenses in the assay office at Boi'le City. On amendments numbered 15, 16, and 17, which provides for salaries of two additional associate justices of the supreme court of Dakota, and for an addi- tional associate justice of the supreme court of New 1\Iexico. On amendment· numbered 18: Strikes out provision to reimburse William 

Caldwell as custodian of the custom-house at Cincinnati, Ohio. On amendment numbered 19: Strikes o1,1tproposed appropriation of 82,500 for punishment for violation of internal-revenue laws. On amendment numbered 20: Appropriates $10,000 for continuation of public 

building at Louisville, Ky. On amendment n umbered 21: Appropriates $2,873.88 to pay amount found due on account of the public building at Waco, Tex. On amendment numbered 22: Appropriates $6,59,! to complete the public build- ing at Concord, N. H. On amendment numbered 23: Strikes out proposed appropriation of S3,3i2 for payment of a judgment rendered against the collector of customs at San Fran- cisco for the recovery of damages for the alleged wrongful seizure and sale of certain opium. · On amendment numbered 24: Appropriates ~95 for payment to Samuel H. Robinson for services in connection with the sanitary improvement of the T1·easury building. On amendment numbered 25: Appropriates$9,000 for the payment of electoral messengers. 

On amendment numbered 26: Strikes out proposed appropriation of $20,000 f"r a steam reven·1e-vesselat Key \Vest, Fla. On amendment numbered 27: Appropriates $4.,000 to complete the fish-hatch- cry at Duluth. On amendment numbered 28: Strikes out proposed appropriation of $266.10 for salaries and traveling expenses of agents at seal-fi8heries in Alaska. On amendment numbered 29: Appropriates $80.96 to refund to Iselin, Neeser & Co. amount of excessive interest collected in error by the United States dis- trict attorney at New York, and $475 to refund to the heirs of C. A. J. Flemister, the balance of the proceeds of a sale of certain real estate of said Flemister, 

covered into the Treasury over and above his indebtedness to the Government. On amendments numbered 30, 31, 32, and 33: Authorizes the purchase of asuit- able site out of the appropriations already made for the erection of thelight- honse and fog-signal at Cas.tle Hill, R. I .. appropriat-es $582.75 to re-imburse the keepers oflight station at Matta gorda, Tex., and Sabine Pass. La., for losses incurred by them during storms in 1!>86; and authorizes the settlement of ac- counts of expenses incurred in connection with the interment of the remains of Maj. 0. E. Babcock and L. P. Lucky, drowned while in the discharge of their duty in connection with the light house service. 

XIX-572 

On amendments numbered 34, 35, and 36: Strikes out proposed appropriation of S64 to reimburse the governor of 'Vasllington Territory on account of contingent expenses. On amendment numbered 37: Appropriates $110 for the redemption of a cer- tificate of indebtedness issued under authority of the Legislative Assembly of the District of Columbia. On amendment numbered 39: Strikes out the provision fixing the avero.ge an- nual salaries of teachers in the public schools of the District of Columbia at 8673.60 during the fiscal year 18!!9. On amendment. numbered 39: Appropriates$3,010.75 to supply deficiencies ~m 

account of the District of Columbia for 1888 and $2,500 to enable the commlS- sioners of the District to employ counsel in special cases during the fiscal year 

1889. 

On amendment numbered 40: Strikes out proposed appropriation of ~73.p6 

on account of the school building adjoining the Sumner building, in the D1str1ct 

of o~ ~=~~~ent numbered 42: Strikes out proposed provision extending the time for completing the Washington aqueduct tunnel from November 1, 1888, to June 30, 1889, and provides for the appointment of a joint selectcommittee~f 

the Senate and the House to investigate the subject of the construction of sa1d 

tunneL 

On amendment numbered 43: Strikes out the proposed appropriation of 515,- 138.84 to pay the Standard Under-ground Cable Company of Pittsburgh, Pa., for under-ground cables laid in the city of \Vashington. On amendment numbered 44: Appropriat-es $5.570.23 for payment of Paul But· Ier for royalty on book attachments for arms of the United ~tales. 

On amendment numbered 45: Increases the amount for mileage to officers of the Army from $5,000 to $6,000. , On amendment numbered 46: 1\:lak.es a verbal conection in the text of the bill. On amendment numered 47: Appropriates $'l.606.80 to reimburse the Hart- ford and Ne~v Yor~ Tr~?-nsportation Company for labor and,money expended on the Connecticut RIVer m 1886. . On amendments numbered 48,4.9,50,51,and 52: Appropriates $15,800 for pay- ment to the Hoboken Land Improvement Company. and strikes out proposed 

appropriations for payment of claims of the Baltimore and Ohio Railroad Com- pany, Von Hofl·man & Co., and the Pennsylvania. Railroad Company and other claimant<Jenumerated in House Executive Document210, Forty-ninth Congress, 

first session. u n a.weudment-numbered 53: Provides for the settlement of accounts incurred in the purchase of horses for the War Department. On amendment numbered 54: Appropriates $77,250 for payment to State of f::outh Carru.ina for rent of the Citadel Academy and for losses by fire of the west wing of said building, occupied by the Unit.ed State~. . . Ou amendment, uumbered 55: Appropriates $11,123.64 to re1mbm·se certa1n States and Territol'ies for expenses incurred in repelling invasions and suppress- ing Indian hostilities. - Un amendments numbered 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 

72, 73, 74, 75, 76, 77, 78, 79, and 80, relating to the Navy Department, Na>y Estab- lishment, and Marine Corps: Appropriates for the payment of certain amounts certified to be found due by the accountin:?; o fficers of the Treasury; strikes out the provisions for payment for portraits of certain ex-Secretaries of the Navy; to reHe~e the pay inspector at Key West, Fla .. for certain payments erroneously 

made, and ,the pay iuspector on board the United States flag-ship Tenne!!l;'ee for expenditures incurred in entertaining public officials during the exposition at New Orleans; and strikes out the provision to settle the accounts of cadeL-en- gineer graduates affected by the act of July 9,188S, fixing their status in accord- ance with the decision of the Supreme Court of the United States. On amendment numbered SL: Provides for the payment of certain employes in the Patent Office the sums severally due them for difference between the amounts received and the salaries appropriated by law for the positions to which 

they had bePn appointed or promoted without taking the oath of office prior to November, 1886. • On amendment numbered 82: Strikes out proposed appropriation of S2,000for 

payment to the legal representatives of the late Richard Joseph, disbursing clerk of the Census Office. · On amendment numbe1·ed 83: Appropriates $907.69to pay amounts found due on account of preservation of abandoned military reservations. On amendments numbered Sf, 1:>5, and86: Strikes out propoeedapproprintion of ~184,143:09 to reimburse certain funds belonging to the Chickasaw Nation of Indians. 

On amendment numbered 87: Authorizes the payment of $1,000 toT. F. Rich- ard ville out of the appropriation in ~he sundry civil bill for the Western Miami Indians. 

On amendment numbered 88: Authorizes thepaymentof $l,orotoJobn Wadsworth out of an appropriation in the sundry civil bill for the Kaskaskia., Wea, 

Peoria., and Piankeshaw Indians. On amendment numbered 89: Makes an &ppropriation of $1,200 for payment to W. B. Ferguson and Frederick C. Fisher for services rendered the Eastern band of Cherokee Indians. On amendment numbered 90: Strikes out proposed appropriatiol'\of$68.47for· payment t9 Bartholomew Coffey for services as farmer at the Umatilla Indian agency. On amendment numbered 91: Strikes out proposed appropriation of $935.37 

for payment to George T. Newman for beef-cattle furnished the Blackfeet In- , dians. 

On amendment numbered 92: Increases the appropriation for deficiency on account of clerks in post-offices in 1887, $473. On amendment numbered 93: Appropriatt;s $1,000 to pay the Assistant Attor- ney-General of the Post-Office Department for services in preparing the new edition of the Postal Laws and Regulations. On amendments numbered 94 and \15: Appropriates $1,025 to pay for rent of post-office at Fairfield, Iowa, and Pontiac, .1\Iich. On amendment numbered 96: Appropriates $711 to pay Joseph Paul for paving 

roadways in the AgriculLural Department grounds. · On amendment numbered 97: Makes an appropriation of $8,000 to pay unset- tled accounts for experiments in the manufacture of sugar from sorghum and sugar-cane. 

On amendments numbered 98 and 99: Appropriates 8206.72 to reimburse the disbursing clerk of the Department of Justice for certain payments made by him on account of the Government. On amendment numbered 101: Increases the appropriation on account of fees of district attorneys, 1888,Jl2,367.41. On amendment numbered 102: Inm·eases the appropriation for deficiency on account of district attorneys, 1887, t)598.20. On amendment numbereo 103: .\ppropriates $1.500 to pay Joseph Campbell for prosecuting certain Apache Indians charged with murder in Arizona. 

On amendment numbered 104: Increases appropriation for deil«!iency on ac- count of United States commissioners, 1888, $2,498.72. On amendment numbered 105: Increases appropriation for deficiency on ac- count of United Statescommissioners,1887, $1,705.73. On amendment numbered 106: Appropriates $8.030.80 for vayment of U~ited 

States attorneys and assistants oi:t account of the fiscal years 1886, 1887, and 1888. On amendment numbered 107: .A.ppropriates $14,951.72 for special as~istan~ 

United States at.t01·neys on a<!count of the fiscal years 1886, 1887, and 1888. 
CONGRESSIONAL RECORD-HOUSE. OcTOBER 3, 

On amendments numbered 108 and 109: Appropriates $10,016.81 for expenses of Territorial courts in Utah during the fiscal year 1887. On amendments numbered llO and 111: Appropriates $25,000 for support of United States prisoners, fiscal year 1887. On amendment numbered 115: Provides for payment, out of humane consid- eration and without reference to the question of liability, the sum of $276,619.75 to the Chinese Government as full indemnity for all losses and injuries sustained by Chinese subjects within the United States at the hands of residents thereof. On amendment numbered 116: .Appropriates 5125 to refund to David Day a 

portion of a fine remitted by pardon of the President. On amendment numbered 117: Strikes out provision that the benefits of ex- tra pay to printers on the CoNGRESl IONAL RECORD shall be extended to the compositors appoint~d by the foreman. On amendment numbered 118 : Appropriates 10,000 to pay 15 per cent. addi- tional to employes of the Government Printing Office employed on the night force. 

. On amendment numbered 119: Appropriates $25,000 to enable the Public Printer to comply with the law granting fifteen days' annual leave to employes of the Government Printing Office for the fiscal years 1887 and 1888. On amendments numbered 120,121,122, 123,124,125,126, 127,1.28, 129,130,131,132, 

133,134, and 135: Provide for certain deficiencies on account of expenses of the Senate, and appropriates $5,000 to reimburse the Official Reporter of the Senate for moneys paid for clerical hire during the first session of the Fiftieth Congress, and for extra clerical services and expenses occasioned by the prolongation of the session. . On amendment numbered 136: Provides that herel!fter a statement of all ap- propriationsmadeduringeachsessionoiCongress,irrcludingnewofficescreated, 

salaries of each, and salaries of offices increased, offices the salaries of which are reduced or omitted, together with a chronological history of the regular appro- priation bills, shall be prepared under the direction of the Committees on Appropriations of the Senate and House of Representatives, and appropriates $1,200 for doing the work. On c.mendment numbe1·ed 137: Restores the provisions proposed to be stricken out by the Senate, to relmburse the five Official Reporters of the debates of the Hou e of Representatives tor moneys paid by them during the present session for clerical hire nnd extra clerical service. On amendment numbered 138: .Appropriates ~500 to pay Alexander Van G eu- der as extra compensation for services as assistant clerk to the Committee on Invalid Pensions; and $45,000 to meet a deficiency on account of the pay of session employes of the House for the present session of Congress. On amendment numbered 139: Appropriates $19.30 to pay foreign postage on account of the Library of Congress. On amendmenst numbered 140, 141, 142, 143, 144, and 145: Corrects an error in the spelling of n. name; provides for the payment of the following additional judgments of the Court of Claims, namely: Francis E. Green, $545.20; Sarah M. Burge, $576.99; the New York Central and Hudson River Railroad Company, 

$144,092.92; and strikes out the provision to pay judgment in favor of Martin E. Hall, for $316.71. On amendment numbered 146: Authorizes tbe Secretary of the Navy to loan scientific instruments in po ession of the Navy Department to persons taking observations or making investigations fo1· the use of the Signal Service. On nmendment numbered 147 : Strikes out proposed appropriation of $38,861.18 to reimburse Kentucky for expenses incurred in suppre sing the rebellion, the same being provided for elsewhere in the biU. On amendments numbered 148 to 230, inclusive: Appropriates for the payment of claims audited by the accounting officers of the Treasury and certified to Congress in Senate Executive Documents Nos. 255 and 269 of the present session, and in House Executive Document No. 455, this s ession. '.rhe committee of conference have been unable to agree on the following amendments, namely: · On amendment numbered 41: .Appropriating ~. 500 to enable the commis- sioners of the District of Columbia. to employ and pay special counsel to repre- sent the District in th..e case of Samuel Strong, authorized to be submitted to an arbitration board un<let· n joint 1-esolution of Congress approved July 10, 1 8. On nmendmentnumbcred 100: .Appropriating $8,745 to pay to the widow of the late Chief-Ju tice Morrison R. Waite, being the balance of salary for one year. On amendments numbered.ll2and 113: Appropriating$80,000 to further aid the Industrial Christian Home Association of Utah Territory. On amendment numbered 114: Appropriating one year's salary to the widow of Lafayette Dancey, an employe of the Internal Revenue Bureau, who died of yellow fever in Florida. while in the d ischarge of his duty in the public service. On amendment numbered 231: Extending the laws of the United States over the unorganized territory known as "No Man's Land," and authorizing the entry of public lands therein under the homestead laws. The bill as-it. passed the House appropriated $3,227,518.32. As it passed the Senate it appropriated $.3,165,048.65. . The bill, so far as it h as been agreed upon by the conference committee, ap· propriates $4,933,223.57, being a reduction under the amount as it passed the Sen- ate of $231,825.08. The items of appropdation involved in the Senate amendments upon which tho conferenC? committee have been unnble to agree aggregate S91,245. 

During the reading, 

J AS. N. BURNES, JOSEPH D. SAYERS, THOS. RYAN, 

.Manaoers on the part of the House. 

Mr. SPINOLA said: Is this the proper time to object to an amendment? 

The SPEAKER pro tempo1·e (Mr. RICHARDSON in the chair). It is 

not. 

Mr. ROGERS. I did not hea.r read or it escaped my attention what 

provision bas been made in reference to the investigation of the aquednctconstruction, or, in other words, w bat appropriation bas been made 

for that work? · 1\Ir. BURNES. I will take that up the first item. 

Mr. HOOKER. I heard something read in reference to .No :Man's 

Land, and as this matter is akin to the Oklahoma question, I wish to 

know whether the committee has given any attention to that matter. 

Mr. BURNES. I will refer to it before I get through. 

:Mr. HOOKER. I do not feel justified in calling up the OkJahoma 

que tion during the absence of the gentlem3u from illinois [Mr. 

SPRINGER}. [Laughter.] 

Ur. ROGERS. It would annoy the gentleman from Missouri less if 

I should ask him now to state pTecisely what was done with the Utah 

matter. 

Mr. BUfu~ES. Mr. Speaker, the amendment numbered 42 is a provision le)tislative in its character, extending the time pTovided by law 

for the completion of the aqueduct to supply water to the city .of Wash- ington. Pending the consideration of that amendment in conference, 

it was suggested that instead of extending the time for the completion 

of the work we should provide for a thorough, full, and complete investigation of all the facts concerrnng the entire work done under the 

War Department by the Corps of Engineers. So the Senate amendment was changed in conference to a provision simply to raise a com- mittee to consist of three Senators and three Members of the House, to 

be appointed by the respective pre iding officers of the two Houses, to 

make the investigation. The condition in which the work now is, its 

chara-cter, and the conduct of all parties engaged in it we think should 

be rigidly investigated, including, of course, all the contracts that have 

been made and reported to Congr~s by the 1st day of January next. 

That is all we have done with regard to the aqueduct. 

Mr. ROGERS. No appropriation whatever? 

:Mr. BURNES. Yes; an appropriation to pay tho expense of the investigation-$5, 000. 

Mr. ROGERS. But nothing further? 

Mr. BURNES. Nothing· furthe1·. 

Mr. OATES. I do not understand whether this is to be investigateu 

by a commission or by a committee. Mr. BURNES. By a joint committee of Congress. 

Mr. CHEADLE. Has the work been discontinued? 

1\:lr. BURNES. I think not. 

It is a well-known fact, Mr. Speaker, that the Congress of the Unit eel 

States and the department of the Government most interested in the 

control and management of this work have been fully and duly advised of the fact that the work needed careful executive attention and 

administration. It is not for me to say nor do I believe there will be 

found any material cause of complaint against the officials of the War 

Department-! mean the head of the War Department and the head 

of the Engineers-unless, indeed, they have been negligent or careless 

in regard to the administration of the law .. But that wrongs unparalleled almost in public works have been allowed to be perpetrated, or perpetrated without observation on the part of those whose duty it 

is to observe, is beyond question. Therefore this investigation has been 

provided for. As giving information now that will be of service to the 

public and perhaps of service to every member on this :floor, I will ]lave 

read and published in the RECORD, as a part of my remarks, not only 

the facts and figures rebting to the appropriations for the work, but all 

of the facts with referen-ce to its continuance and completion as they 

have come to the Committee on Appropriations· of this House; and I 

ask the Clerk to read from a report made by the committee on tbc 

urgent deficiency bill making the final appropria.tions. 

Before that is read, however, I wish to say that appropriations having been doubled beyond the estimates originally made, and there being 

still a demand for more money to complete the work, the Appropriations Committee determined to make a finish of it and for that purpose 

called before the committee all the parties engaged in the work, or nearly all, and consulted them with Ieference to the c::stimates which 

had been submitted for its completion. The estimates were 320,000. 

After a full examination and cross-examination and re-examination, 

the last dollar and the last cent that anybody asked for was $355,000 

to make the final completion of the work. 

1\Ir. SAYERS. In that connection, my colleague should state that we also had 1\Iajor Lydt cker before us. 

Mr. BURNES. Yes, sir; l\fajorLydeckerwas before the committee. 

Now, with reference to the time, it was provided in. the law that this 

work should be finished by the 1st day of November. I find nothing on record with regal'd to the fact, and I can only bear personal testimony as to my own recollection, and as we were particular with regard 

to the final appropriation, so we we1·e pa1·ticular in giving more time 

than was demanded by any one in connection with the work, as I rec- ollect. Therefore, to my mina there is no justifiable reason in departing from or for extending the time for the completion. . I ask the Clerk to- read from the report of the committee. 

The Clerk read as follows: 

INCREASED WATER SUPPLY, WASHINGTO:S CITY. 

The bill appropriates $355,000 to complet~ the work of increasing the water supply of the city of 'Vashington. The estimate submitted in the annual Book of Estimates for 1889 for thi~ object was $320,000, but upon examination it was deemed necessary to increase the amount asked for to the sum which is give n, and to place the appropriation in this bill in order that tbe work, which i.:~ now suE<pended for the lack of funds, may be resumed at the earliest moment pract i- cable. The engineer officer in charge of tbe work, Major Lydeeker, gives posi- tive a ssurance that the sum recommended, $355,000, will complete this work without further delay, and that there will be no further application to Congress for appropriations. . In this connection it is proper to call n.ttention to the fact that the original e timates for this work have been largely exceeded. The origina l a ct autho r- izing the extension of the water supply, pas ed July 15, 1 2 (vol. 22, Statutes at Large. page 170), appropriated for the work ,.J.,4S.3,279.30. Since that time Congress has made the following ndditional appropriations: 

~~~~i,Bf85::::: ::::::::::::::::::: :::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::~::::: :: ... 8~:ggg 

~~~~~t ~: f:t:::::::::::::::::::·:::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::: s~: ggg 

Making the aggregate appropriations to date $2,220,279. 30, which, added to the sum now asked for and recommended, make a total of $2.575,279.30, or $1,090,000 over and above the amount originally appropriated for the work, and based on estirpates of its entire cost. 
1888. CONGRESSIONAL RECORD-HOUSE. 9139 

Somethingofthe history and progress of this work may, with profit, be given 

here. 

The plan of connecting the reservoirs by means of a tunnel aqueduct was the work of Capt. R. L. Hoxie, Corps of Engineers, United States Army, when he was in charge of the water supply and sewerage of the District of Columbia, under Maj . . ,Villiam J. Twining, Engineer Commissioner. 

Preliminary plans were presented to Congress in February, 1879; but it was not until July 15, 1882, that an act was passed and approved authorizing the work to be done. Under this act the various parts of the work were provided for separately, acc01·ding to the estimates submitted, and of the whole amount _appropriated to complete the works for "increased water supply,Washington," about $600,000 were allotted for the tunnel aqueduct. A coutract to "complete the tunnel in every respect" was, after public bid- ding, enoored into near the close of the year 1883. In the progress of the work tne plans made by Captain Hoxie were found quite immature, and his estimate of cost but little more reliable than a bold guess. For example: The plans 

contemplated a tunnel without a brick lining; the necessity for such lining was soon a'J)parent. The pla~ contemplated shafts of given depth; that at the east- ern end had to be sunken 43 feet beyond the given depth; that at the western end 47 feet beyond the given depth; that at Foundry Branch 28 feet; that at Rock Creek 16 feet; that at Champlain avenue 24 feet----illl below the given 

cfepths for such shaft!J. . In May,1885, Capt. T. W. Symons succeeded Captain Hoxie as superintending 

engineer, under 111ajor Lydecke-r, \Jowever, by whom the necessity for the brick lining of the tunnel was clearly recognized. Meanwhile, in addition to the original appropriation of $1,485,279.30, the fm·ther !JUm of $175,000 had been ap- p ropriated by acts of July 7,1884, and 1.\Iarch 3,1885. Perhaps but little· of these enormous- appropriations remained unexpended when lH:ajor Lydecker was placed in charge of the wo-rk. He requested Congress to appropriate $)95,000 for its completion. Pending an examination of the situation by the subcom- mittee on the" District appropriation bill" of the first session Forty-ninth Con- gress, the sum of $5,000 was appropriated to proteet and preserve the property or work from injury; and after a thorough examination by such subcommittee and an able report thereon, the further sum of $555,000 was, on August 4,1886, 

appropriated, with the confident hope and assurance that no further appropria- tion would be necessary. At the present session of Congress your cotnmittee was confronted with an estimate-again to complete the work, of course-1·equiring an additional ap· propria.tion of 8320,000. After a careful examination of the whole mat,ter, in- cluding an examination of Major Lydccker, your committee concluded to ap- propriate $35.000 more than the estimate, making the further sum of $355,000, 

in order to be able to say that the most earnest a.n d soiemn assurances have been given by Major Lydecker that he can and will finally complete said entire work without any further or additional appropriation, and at an early day. The importance of such early completion to the people residing or sojourning in the city of Washington is appa1·ent to all, and no reasonable doubt of such completion ought to exist. · It must·not be understood that the committee has any want of confidence in the integrity or skill of Major Lydecker; on the cont~ary, itisYeryevidentthat he has struggled faithfully against the difficulties of an immature, if not im- practicable, plan which descended to him from his predecessor, and for which he is in no way justly chargeable. The result, howeyer, to the Government-has been disastrous. A work-this tunnel-originally estimated to cost, say, $600,-

000, will have cost when the present appropriation is expended, say, Sl,400,000. And the entire work for this increased water supply, originally estimated to cost SL,485,279.30, will have cost 52,575,000. Can no method be devised that will give the same degree of eertainty in the cost of public works that attends the construction of works by private enter- prise? Would an engineer, architect, or superintendent of a work carried on by private individuals hold his position for a day, or be a second time employed 

by any one, if he should make such mistakes as we have seen have heen made in tbi~ II!-atter, to the injury of the. G~neral Government and of the people of the D1str1ct? Remedy must come, 1f 1t come at all, through the executive de- partment rathe! than the legislative. The former has the power to apply it. 

Mr. BURNES. Mr. Speaker, I ask the Clerk also to read a part of 

a supplemental report made by the committee at the same session of 

Congress on the same subject. 

The Clerk read as follQws: 

In this supplementary report the committee deem it proper to refer to-so much of the report already made, accompanying said bill H. R. 6437, as refers to the "increased water supply, Washington City," and to add that at the first session of the Forty-ninth Congress- the subcommittee having in charge the District ap- propriation bill made a thorough investigation of the facts- bearing upon the plan and progress of the work of completion of the tunnel for the water supply of Washington, embodying their views in report No.3109 of that session. The following extracD is taken therefrom : 

"WATER SUPPLY, WASHINGTON, D. C. 

"The amount6 recommended tmder above head are in accordance with the estimates of Executive Document 39, present session. The $160,000 asked for the completion of the reservoir is needed because it has been found necessary to replace much of the bottom of the same with hard clay at places where quick- sand or other unsafe conditions were unexpectedly found, and to haul from other sections of the tunnel the stone needed for lining, that excavated nearest the reservoir being soft and crumbling. ''The sum needed to complete the tunnel is explained in same document and the reasons for its appropriation further set forth in the voluminous testimony 

which accompanies thili; report. The origi'nalestimates contemplated, as a rule a surface conduit, to connect the existing reser>oir with the new one, 4 mile~ distant. The plan finally adopted was for a siphon tunnel to be sunk under Rock Creek and driven (llS was expected) through continuous solid rock. In the construction of the work, however, the rock has not been found continu- ously !lolid or homogeneous, and nearly- one-half of the tunnel passes or will pass through rock which softens and crumbles on exposure to air and water. This has compelled heavy outlay for lining these portions, and the method pur- sued has been to insert in the sections of the tunnel which require treatment a. brick lining with dry stone paeking. 

"Capt. R. L. Hoxie, United States Engineers, having submitted to the com- mittee some written strictures on this method of lining, and maintained that a concrete lining would be safer and cheaper, he was given a full hearing before a subcommittee, and the engineers in charge, Maj. G . J. Lydeckerand Capt. T. W. Symons, were also examined in defense of their plans. General M. 0. l\feigs - Col.- Thomas L. C~sey, Lieut. Col. W. P. Craighill, and Maj. William Ludlow: 

Umted States Engmeers, were also consulted upon the questions raised. :·The subcommittee investigating the mat.ter, though not convinced that a ~1stake~ad been made in the plans ~opted for lining the tunnel, but recogniz- mg ~he difficulty, ~h~ novelty, and the Importance of these questions and the ex- pediency of submittmg them to competent experts, have, in recommending the amoun~ called.for by t~e estima~s. provided that the Secretary of War shall forthWith take the advice of the highest engineer board of the Army upon the 

~~i~~f~ rn~~~~: !rec~\:;i~.~sued . One-half of the above sums are chargeIn neither the report from which the above was taken no1: that to which this 

is supplementary was it intended to point out or determine either the merits or demerits of the plan or plans of the work as adopted, nor was it the purpose or intention of either committee to cast blame upon or award praise to any par- ticular person or persons for the part taken by him or them in either the incep- tion or prosecution of the work. Beyond the errors, whether at the inception or subsequently, which experience has demonstrated, and the inequality of es- timates, which appropriationR, made and now to be made, have established, the subject need not in this IJaper be pursued. . The names of Capt. R. L. Hoxie, 1\Iaj. William Twining, Capt. T. W. Symons, and Maj. G. J. Lydecker, all of the CorpsofEngineersof the United States Army, were mentioned in the reports, and each had more or less to do, at one time or another, with the work under consideration, and yet a more complete investigation than has been given and fuller knowledge of the subject might show cir- cumstances or conditions, having relation to imperfections of the science of their profession or to geological or other mysteries, which neither industry nor skill can ascertain and det-ermine in advance, that would exonerate either one or all oithem from censure. The E.xecutiye Department in authority or a. special committee of Congre may appropriately make such investigation and deter- mine wherein the faults properly lie. This committee has sought only to make, and now again makes, an earnest protest against the great and growing evil of <'a.J"eless, inaccurate, or unreliable estimates of the cost of public works, upon which Congress is compelled to rely in the authorization of and the appropriations for snch works. This evil has grown into an almost universal custom, and in nearly all cases Congress finds, 

when it is too late, that vast expenditures in excess of estimates are required. TlJis excess is often double the estimates, and not infrequently is followed by the added burden of a suit and judgment in the Court of Claims on a careless con· tract. The alarming discrepancies between the estimated and actual cost of the works mentioned in the original report afford Congress an excellent oppor· tunity t~ emphasize its abhorrence and make manifest the necessity of reform. 

Ur. BURNE8. In addition to what has been presented upon this 

subject by the committee, I desire to submit two letters just received, 

one from the Secretary of War and the other from the engineer in 

charge of the work, :JHnjor Lydecker. They are r.ddressed to the chairman of the Committee on Appropriations, and have just been received. 

These letters will give the House the information in possession of the 

comrdttee up to date. 

The Clerk read as follows: 

'y AR DEPARTlriD<T, Washington City, October 3, 1883. 

SIR: I have the honor to transmit herewith for your information a copy of a report dated tbe Zd instant, from Maj. G. J. Lydecker, Corps of Engineers, stat- ing that it is now apparent that. the Washington aqueduct tunnel can not be completed by November 1.1888, a~t required by the urgent deficiency....act ap- proved .March 30, 1888, making appropriations for the work, and suggesting that some proYision may be made which will enable the tunnel to be kept clear of water and the wo<k continued to insure completion as soon as possible, and especially to facilitate the examination of all matters relating to the work on tho tunnel and to its management. 

Very respectfully, 

Hon. SAMUEL J. RANDALL, 

R. 1\IACFEEL Y, 

..1.cting Secn:taryof Trm·. 

Chairm.an of the Committee on Appropriations, House of Representati-ves. 

OFFICE OF THE WASHINGTOY AQ.UEllt:C'r, 

lVashin.yton, D. C., October 2, 1888. 

Sm: Tbe ·urgent deficiency act approved March 30, 1888, appropriated l!3"i5,000 for the Washington aqueduct tunnel, and required all the work to be completed 

by November 1, 181:l8. 

Under date of March 29, 188S, I reported to the Chief of Engineers that it would be absolutely impossible to comply with this provision of law and stated the reasons in full. As soon as the bill became a law operations were resumed aud . every effort made on my part to force the contractors up to the greatest possible rate of progress, but, as is well known, the work is still fa~ from completion. As it is now apparent that it. can not be completed in the time specified, and as it is probable the accounting officers of the Treasury will decline to audit accounts for work done after that date, I respectfully request that the appro- priation committees of the Senate and House of Representatives be informed of this matter. in order that some provision may be made that will enable the tun- nel to be keiJL clear of water, and the work continued. to insure completion as soon as possible, and especially to facilitate a. most intelligent and exhaustive examination of all matte1'S relating to work on the tunnel and to its manage- ment. Such examination I most earnestly desire, in view of the representations 

recently made in Congress and in the public press. In connection with this matter I may properly add that we have heretofore discovered defective work in the tunnel lining, and at once caused it to be made good by the contractors. The rigid examination now in progress bas developed some large holes; but such as are already shown up can be made perfectly good at a cost of not more than $5,000, wbile the sum now due the contractors and withheld to insure proper work is more than teD times that amount. Further, 

they are under heavy bonds to make good all defective work now known or that may be developed by the examination in progress. Finally, there need be no delay in the time of completing the work due to any known defects, or such as are likely to be developed. 

Very respectfully, your obedient servant, G. J . LYDECKER, 

Majo1· of Engi11em-s. 

The CHIEF OF EXGINEE.llS, UXITEll STATES ARllY, 

Washington, D. C. 

Mr. BURNES. This, .Mr. Speaker, is all I have to submit with regard to the proposition under consideration. 

1\Ir. ROGERS. Pardon me a moment. What amount of m<Jney 

now is at the disposition of the contractors to go on with the work? 

Mr. BURNES. I do not 1."'llow the amount now unexpended, but 

have not heard from any quarter that there was an insufliciency of 

money to complete the work. 

Mr. ROGERS. There is no stoppage of the work at all? 

:M:r. BURNES. There is no stoppage of the wo~ unless after the 

lslj of November a question as to whether payments can be made for 

work after the time fixed by law for its completion. 

Mr. ROGERS. Does not the conference report provide that the time 

shall be extended from the 1st of November until next June? 

1\fr. BURNES. No, sir. There is no extension at all. The law now pxovides that the work shaH be.co~pl~ted by the 1st day of ~ 
9140 CONGRESSIONAL RECORD-HOUSE. OcTOBER ?' 

vember, 1888, and I do not know, but I presume tl1at these contractors I money, bu~ the officers seemed very solicitous lest be should lose money. They 

are under bonds with a penalty for its completion by that time. also told lum t~at tb~ contract required that the bidder should have a plant .. I· ROGERS Will tb tl ·t h h • . 

1 

worth$iO,OOOwtthwhichtoprosecutethework. ColonelDeweesacknowJed.,.ed J.' I. . . . . e ~~n eman s ate w et ei or no MaJOr Ly- that he had no plant, .but said that he bad $.30,000 cash with which to bu a fi;stdecker IS still m control of th1s work? class plant.. Y 

Mr. BURNES. Undoubtedly he is; and perhaps I ought to say that TIIE FIRST PROTEST. 

he seems now to be taking some interest in it. [Lauo-ilter. J He s~on leamed that the Secretary of :War was about to award the coutract to M DINGLEY Th t · l t "' t Beckwith & Quackenbush, and that tl:us award was to be made upon the a.d- r. • . a lS a very P easan annou~cemen : . vice of Major Lydecker, concurred in by General Wright, then Chief of Engi-

:Mr. ROGERS. I WISh to ask .the gentleman trom ~bssoun [Mr. n eers, though ~~~er~l \\right had. cautioned Major Lydecker that he assumed a 

BURNES] upon whose testimonv It was that the report was made re- grave respo.Jslbtht_y m not. a~ardmg ~he contract to the lowest bidder. Colonel fi f 1 C t · ~ H · ? Wh th . t ? Dewees, upon rece1pt of thiS 1nformat10n, wrote a letter to the ~ecrete.ry of War ec mg so severe Y upo~ ap am o~.e · o were e Wl n~sses. vigoro?sly protes~ing a-gainst the award of the contract to any bidder otb ~ Jrir. B 0 HNES. I Wlll sa.y to my fnend from Arkansas that It would tha n himself. 'rh1s letter is on file in the office of the Chief of Engineers of the 

be impossible for me to tell now exactly with certainty who the wit- Army. It reads aa follows: " 

nesses were, or what were the sources of the information upon which .. . . WAsHINGTON, D. c., October19, ~· the report was based Sm. We are b1dders for work on the new water supply works of Washmg- ' · . ton, D. C., to the amount of $464,900. We made this bid in response to a public Mr. ROGERS. Was MaJor Lydecker one of them? advertisement, and we haven. right to assume that the object of the advertiseMr. BURNES. He was before us and gave his views freely. ment w~ to s~cure the lowest responsible bi?. Our bid is, as we are informed 11.1 ROGEDS W h fth' · ·? and believe. $1!3,200 lower than tbatofBeckw1th &Qua.ckenbush,ofNewYork, JJ r. n . as · e one o e Witnesses. and $7,093 less than that of Eugene Robinson, of Detroit. We learned some 

Mr. BURNES. He was before us; but I can not say he was there days.since by the public newspapers, and yesterday by information orally com- in the capacitv of a witness · mumcated to our associate, Louis E. Johnson, by General H. G. Wright, Chief u ROGER~S Ih th. •tt "ll · C t. H . ofEngineersoftheUnitedStatesArmy,thatthecontractisabouttobeawarded lur. . · . ope e comm1 ee W1 now gtve ap ain o:x1e to Beckwith & Quackenbush, at their bid of $83,200 higher than ours. a shot at him. [Laughter.] "Against this we protest. It is neither just to us nor to the Government. It 

Mr. BUH.NES. Well I will say that I hope the Government of the vors private parties at the public expense, and for no reason. Weare responD 'ted St t "11 'fit b h I h s1ble b1dders, and are prepared to convince anv one of that fact who is willing m . a es Wl so pro Y t ese essons i at no contract for any to see the lowest responsible bidder prevail. We shall not rest under the impubhc work shall be hereafter sublet by the contractor. These con- putation of having made a bid we could not execute, and shall not forego the 

tractors have perhaps done no more with reference to this work than profits we are entitled \o make by the proposed work without a vigorous pro~ t bl t ·t d fit b th · b t th t t . test wherevertbesamecan be heard. Withthehighestres pecttoyou,weven• o su e I. an. pro Y e marg1n e ween e con rae pnce and ture to remind you that you are responsible for any acts of your subordinates 

that at whiCh It IS done by the actual workmen. They took the con- and tha t the engineer department of the Distl'ict government is in this matte; 

tract and sublet it for the margins they could make. '.rbey h:1ve unde1: your control. We ask you to stay the award of the .contract to any bid- ... ~k th 1 f th G t d 1 t h k h de r h1gber than ourselves, and assure you that our bond w11l be 1 eady to secure """ en e Pace. 0 . e overnm('n ·, ~n e t e w.or tot e men who the performance of the contract., to which we are entitled. We will add that 

are actually domg_1t; and although It may be said that they are re~ neit~er 1\lajor Lydecker nor Lieutenant Hoxie have any right to favor other 

sponsible upon their bond yet on the other hand penalties in bonds parties on the pretense that as professional experts they believe we can not 

t

. h . h t ' ' 11 1 I E ' . . p 1·ofitably do the work under our bid. That is our affair. We have a right to 0 t IS C arac er 3;re most genera Y va. ue ess. v_e1y sort of claim to the contract whether we m a ke or lose by it if we give you satisfactory security. 

defeat a recovery IS usually made, and too often With success. If the Appealing to your sense of justice and to your official obligation to see that the 

contractor of a public work were required actually to perform it with Gove~~meut/s served in preferenc~ to private pe1:sons, 

his own employes he could not escape responsibilitv for neo-lect or fraud We a e, very respectfully, l' our most obedJe~~ servants. 

h . h h' f bl · 1 · · 1 ~ c ' J. H. DEWEES & CO. w 1c IS-systemo su ettingamostmvariabycauses. Asitis,he· "Hon.SxcnETARYOFWAR." 

makes his gain, the subcontractor is generally the loser, and upon his In order that Major Lydecker would have no reason to allege that their bond 

head the odium is cast, when it rightfully attaches to his principal. :o~~:d not be satisfactory, they at the same time addres~; ed him the following 

I sympathize with the suggestion of my friend from Arkansas [Mr. "wASHINGTON, Octobe?· 19, 1883. 

ROGERS], and I hope this committee which is to he raised will give "SrR: llaving reason to believe that we are the lowest bidders upon the bulk 

Captain Hoxie an opportunity of presenting his side of the case. of the work upon the Washington Aqueduct, we hereby rt"S pectfulJy notify you 

Mr. CLEMENTS. Before the gentleman from Missouri leaves this that we are prepared to furnish. all necessary b onds and money as per our bids 

subiect Task him to vield to me to have I·ead from the desl'" some and specifications, which you in your wisdom may require. 01 .,. .. "Very1·espectfully, . 

charges and statements that have been made in the public press in re- "J. H. DEWEES & co. gard to the letting of this contract. "l\iaj. G. J. LYDECKER, 

Mr. BURNES. I yield to my colleague on the committee all the t-ime "Engineer-in· Chief." 

he desires. WAS IT A FAMILY AFFAIR? 

Mr. CLEMENTS. 

Colonel Dewees"said yesterday that he never received the desired information 

I send to the Clerk's desk the matters which I from Major Lydecker, but his two letters had the effect of delaying the award of 

desire to have read. the contract. Soon afterward, however, .Major Lydecker's father and a num- The Clerk read as follows: berofNewYorkgentlemencametoWa!lbingtonandcaUedon President.Artbur, and immediately thereafter the contract was let. He then wrote the following HERE IS MORE RICHNESS-HOW BECKWITH d:: Q.UACKENDUSH OBTAINED ~'HEIR 

CONTRAL~MAJOR LYDECKER'S FRIENDLY REPORT-HOW THEY WERE $83.W0 

IIJGHER THAN THE LOWEST BIDDER. BUT THIS MADE NO DIFFERENCE TO THE MAJOR-WAS IT DUE TO FAMILY Ui'FLUENCE? 

\Vhen the 9ongresslonal inquiry into the construction of the .Aqueduct tun- t1el is made some very inte resting fa.cts will be brought to light in regard to the letting of the contract to Beckwith & Quackenbush. In purRua.nce of an advertisement, bids for the work were opened October 5, 1883. There were, in 

all, seven bids for the construction of the tunnel, and of t,hese that of J. H. Dewees &Co., of this city, was the lowest, at$454.,900, on the amount of work estimated for in the first e::~timates of the engineers in charge. Next came Eugene 

Robinson, of Detroit, a.t $.>40,903, and Beckwith & Quackenbush were third, at $548,100, or $83,200 more than J. H. Dewees & Co., and $7,197 more than Eugene 

Robinson. The bids in detail were as follows: 

"J. H. Dewees & Co., excavation of tunnel at 86.74 peqmbic yard, $431,360; 

earth excavation in shafts at 86.25 per cubic yard, S9,:n5; rock excavations at $12.40 pu cubic yard, $14,880; brick masonry at $12 per cubic yard, $3.000; con- crete masonry at ~5 per cubic yard, $3,300; dry packing at $2.50 per cubic yard $1,000; air shafts complete at $4.75 per linear foot, $1.995. (Total amount of bid: 

S464.900.) "Eugene Robinson, excavation of tunnel at $7.78 per cubic yard $!97 920· 

earth e.xcavation in shafts at 85.60 per cubic yard, $8,400; rock exe~vatio'n ir:_ shafts at Slo.24 per cubic yard, $19,488; brick masonry in shafts at$16.70 per cubic 

yard, $-1,li5; concrete masonry at 315.75 per cubic yard, $9,075; dry packing at $!!.25 per cubic yard, $900; air shafts complete at f2.25 per linear foot, $945. (Total amount of bid, $540,903.) . ".Heck with & Quackenbush, excavation of tunnel at $8 per cubic yard, 8512,-

000; earth excavation in sbafta at $6 per cubic yard, S9,000; rock excavation at $10 pe1· cubic yard, $12,000; brick masonry at SL8 per cubic yard, $4,500; concrete masonry at $5 per cubic yard, $3,400; dry packing at r..;l.50 percubicyard, $1,000; 

air shafts complete at $15 per linear foot, 86,300. ('rota! amount of bid, 8548.150.)" 

The advertisement for bids reserved to the War Department the r ight tore- ject any or ali bids, but it is not often that a contract is let to a bidder who is over $80,000 in advance of the lowest bidder unless there is some very good rea- son for rejecting the lower bid. In this case there were two bids below that of 

Beckwith & Quackenbush, and it will be for the Congressional committee to o.scertain why they were thrown out and the work given t.o the present con- tractors, under whose subcontracts all the frauds that have been discovered were perpetratP.d.• Col. J. H. Dewees, of J. H. Dewees & Co., did not allow the contract to go to Beckwith & Quackenbush without a vigorous protest. The bids were opened 

October 5. 1883, and it was at once apparent that J. H. Dewees & Co. were the 

lowest, and on October9 Major LydeckersentColonel Dewees a note asking him to call at his office the next day. Colonel Dewees said yesterday to a Post reporter that heca.lied in respo nse to then.ote, and found Major Lydecker and Lieutenant 

Hoxie in the oilice. He bad a long conversation with them, in the course of 

which every item of the bid was gone over, and Colonel Dewees says the t-wo officers argued to convince him that he could not do the work 1\t the amount of 

his bid. Mr. Dewees, however, was satisfied that he could do it and make 

lettel' to the Secretary: · 

"No.1701 BOUNDARY STREET, Washinaton, D. C., October 22, 1883. 

"Sm: I learn through thedailynewspapersofthlscitythat youhaveawar ed 

the work of construction of a tunnel for increasing the water supply of '\Vashington, D. C., the bids for which were opened October 5, 1833, to Beckwith & Quackenbush, of Mohawk, N.Y., and have assigned as the reason thereof that 

they al'e the lowest bidders for said work. I am surprised that you have per- mitted yourself to fall into so grave an error, inasmuch as from the information 

that I have obtained, and which I deem reliable, I am satisfied that I and my associates are the lowest bidders by many thousands of doUa t·s, and we are able to respond to the conditions of the letting in all other respects. 1\Iay I, 

therefore, ask that you will re-examine such bids and reconsider the action you have taken, and thereupon award the said work to the parties (ound to be in 

fact the lowest bidders. 

"Very respectfully, yours, "J. :e:. DEWEES. " For J. H. DEWEES & CO. 

"P: S.-Will you please advise us of the amount of our bids and the bids of 

Beckwith & Qun.cke!lbush, also of the o.mount of the bonds required, :wd the 

time within which the same is required to be executed. 

"J. H. DEWEES & CO. "To the Hon.S.s:cRETARY OF WAR." 

The reply of the Secretary was a~ follows: 

"WAR DEPARTME.NT, Washinaton Oity, October 27, 1883. 

"GE.NTLEMEN: The De-partment ism receipt 01' your letter of the 22d instant, 

in which you assert the claim that you were the lowest bidders for the work of 

tunnel construction for increasing the water supply of Washington, D. C., the contract for which you understand has been awarded to Messrs. Beckwith & 

Quackenbush, of 1\Iohawk, N.Y., and request that the subject of the award of 

such contract be reconsidered, and that you be furnished with certain specified 

information in regard thereto. "In reply I beg to inform you that your bid for the work in question was re- jected under the provisions of a clau e in the advertisement for proposa.ls by 

which the right was reserved to reject any and all bidsorpartsofbids, and upon the recommendation of the Engineer officer in charge of the work, concurred 

in by the Chief of Enginee1·s. ".Although the Secretary of War is under no obligation to explain to private 

individuals the reasons which governed the rejection of bids, there is no objection to stating that among the reasons which governed the action of the De- pa rtment in rejecting your bid in this case were the facts that your bond wa!i 

fatally defective and that you failed to comply in essential particulars w ith the 

inst1·uctions to bidders. • "Very respectfully, "ROBERT T. LIXCOLN, 

"Secl'etary of JVar 

"Messrs. J. II. DEWEES & Co., 

"1701 Boundary stl'eet, Washington, D. C." 
1888. CONGRESSIONAL RECORD-HOUSE. 9141 

"According to this letter," said Colonel Dewees, "the contract :was not awarded us because our bond was defective, when we st{)od r ·ady to gn·e bond for any aLUount, and had been refu:sed all information as tu ·what bond w.ould 1 be required and because we had no plant when we stood ready to provide a plaut. ln f;.,ct Beckwith & Quackenbush were without the plant, and had to buy engines a;.d boilers and machinery before they could begin the work." 

JIIAJOR LYDECKER'S REPORT KEPT SECRET. 

Not satisfied with the reasous given for the rej ection of theil· bid, Colonel Dewees aga in wrote the Secretary or ·war, requesting a copy of Major Ly- decker's report to t.he Secretat·y, for the purpose of answering the same in detail on all P••ints, including his own personal experience during the last twenty years on the P e nnsylvania Railroad aud other impCJrtant work.s, and asking the Secretary to suspend judgn1ent until he and bi!i associates had bt>en given an opportunity for a full hearmg. This report of Major Lydecker's was never fm·uished, and no hearing of any kind was ever granted. Uolonel De- wees, however, wrote yet another protest to Secretary Lincoln, asking him t') 

reconsider the contract, and received the following reply: 

"WAR DEPARTi\IENT, Washington City, November 2, 1883. 

"GENTLEME."\: I have the honor to acknowledge the receipt of your letter of the l:lvth ultimo, protesting against the award ol a contract for work on the new water-stlpply works of Washington, D. C., to Beckwith & Quackenbush, and claiming that the contract should he awarded to you fur the reas on that you were the lowest bidders, and to state in reply that I ha,·e re-examined the papers in the .case and see no rt" a son, either in theru or the statements contained in your communic>atiou, to change the views which led me to appro"e the rec- ommendation of Major Lydecker, the officer in charge of the improvemeuts, and General Wright. the Uhief of Engineers. 

"Very respectfully, 

"Messrs. J. H. DEWEES & Co., 

"ROBERT T. LINCOLN, "SeC'I'etury of War. 

"1701 Boundary 8tre~t, Washington, D. C." 

Colonel Dewees does not believe that this correspondence gives the real reason for the rejection of his bid. He says that at least one of the tirm of Beckwith & Quackenbush is interested in the New York aqueduct contract, in which the father of Major Lydecker also ha::~ an interest. Whether there is any other con- nection between the firm and Mr. Lydecker, sr., Colonel Dewees does not know. As to his abiJity to make a fair pro tit out o f the work at th~ prices at which he offered to do it, Colonel Dewees has no doubt, and be told a Post reporter yes- t-erday that the present contractors must have made between :&3. 1,0UOand 350,000. Their prolits on the brick work alone, he !!aid, must have been enormous. It is paid for at the rat.e of about S 0 pe•· thousand, while the a"erage cost of laying brick is about 14 per thousand. The concrete masonry work is dooe at $15 per cubic yard, using concrete at SL per barrel, while similar work on the founua- tion of the Congressional Lil>rary is done at $4.80, with cemP-nt costing about s~.50 pet• barrel. Colonel Vewees is a contractor of long experience and is an engineer by pro- fession. Mr. Eugene Robiuson, of Detroit, is a reputable contractor who bas constructed some 1mportant works, among them being the great tunnel under the lake at Chicago from the crib to the pumping station of the water-works. Siuce the close of President Arthur's administration the attorney for Beckwith & Quackenbush is said to have been l\lt". W. S. BisseJ, of Buffalo, N.Y., who was a former law partner of President Cle,·eland. 

WILL THE GOVKRrniENT LOSE ANYTIITNG? 

There has be~n considerable discussion as to whether the Government will lose anything financially by the fraud in the construction of the tunnel. , The e ls some question as to this. Of course· the Govet·uwent recogn s no subcoi.- traets, awl in this casewilllook to no one but Messrs. Beckwith & Quackenbush or the1r bondsmen to make the work good. If the contractors have :su hlet the work and have bt>en imposed upon by the subcontractors or their subordinates the Government will still hold them responsible and call upon them to m a ke it good. 

Ten per cent. of the price for the work done has been retained by the Govern- ment, and will of course cover p art of t.be los;;. If, howe,·er, the work is :tll 

or nearly all defective, it may be beyond the means of the contractors t.o make it good. ln this case the Government would look to their bondsmen, and he' c anotller question arises. The bondsmen for Messrs. Beckwith & Quackenbusll went on their bond for $200,000 on the original contract, in which the lining of . the tunnel was not contemplated. This work was let by a supplemental con- tract, and the question is whether the b ondsme n are liable for the defects in the work under this supplemental contract, which w as not contempluted at the time the bonds were signed. General Macfeely, the Acting Secretary of 'Var, thinks that the Govet·ument is amply protected. He said in conversation wilh a Post reporter that he had no doubt ab'>ut the liability of the bondsmen for all the defective work in the tunnel, whether done under the original or the sup- plemental contract. 

Mr. CLEMENTS. Now, I -desire to ask the gentleman from Missouri whether the clause in the bill providing for an investigation au- thorizes an investigation of the manner of letting the contract as well as of the manner of <·onducting the work? 

.Mr. BURNES. It is tbe opinion of all the conferees that it does. 

Mr. RYAN. I desire to ask my colleague on the com~ittee [Mr. 

BURNES] whether this work i:; being prosecdted now under the original contract or under a subsequent contract? 

Mr. BUHNES. In reply to my friend from Kansas [Mr. RYAN] it 

is proper to state that at some time prior to the appropriation of $3,);),-

000 the work had been suspended, and my impression is that that state 

of suspen ion had continued for a year or more,· and that the contract 

bad been practically forfeited. At all events,. I believe there was no obligation upon the part of the Govern-ment to resume work under 

that contract, and in consequt>nce of that jt was provided in the Jaw 

of the urgent deficiency bill that the Secretary of War might let the 

work of compJetiug the contract to the original contractors or to anybody else at his discretion. 

Mr. SAYERR. Was it not also thought that inasmuch as the con· 

tractors had their plant already there, they might be able to do the 

work more cheaply than new coutractors? 

Mr. BURNES. The old contractors having their tools and their 

plant, it was deemed probable that they could afford to make a ]ower bid for the work than anybody else, but we could not do better than 

give to the Secretary of War the power to receive bids and let the work 

in his best discretion. 

M.r. ROGEI<S. Does the gentleman mean to say that the original 

CQntractors had forfeited their contract? 

Mr. BURNES. I have never examined that matter; but that was the understa.nding on the part of our committee. The contract was at 

an end at the election of the War Department. At least no other suggestion was made, no other impression existed so far as I know. Consequently we inserted in the bill the provision as stated, authorizing the 

Secretary of War to let the finishing contract at his discretion--

Mr. ROGERS. Did not the contractors give bonds for the execution 

of their contract? 

.Mr. BURNES. I presume so, but have not seen them. If this last 

contract were let without bond -it is to be regretted; but at present I 

can not say what security the Secretary has reserved. 

Mr. ROGERS. Has the committee called for~hem? 

Mr. BUl{NES. ·The committee called only for papers bearing :g_pon 

the work-its progress, character, and cost. 

Mr. ROGERS. Will the gentleman state whether or not the inception of this work was prior to his connection with the Appropriations 

Committee? • · 

.Mr. BURNES. Oh, yes; several years before. 

Mr. ROGERS. Then the committee, so far as the gentleman is con- cerned, is not responsible for the original contract-s which were entered 

into? 

1\Tr. BURNES. Not at all. Nor was the committee or any member 

of it at any time responsible for the original contracts. They were the 

administrative features of the enterprise. 

Mr. ROGEI{S. How long since this work began? 

Mr. BURNES. I think it began in 1878. 

?t'Ir. ROGERS. Now, will the gentleman state whether or not the 

Committee on Appropriations, when they reported the provision author· 

izingthe letting of the second contract, considered the question whether we were thereby releasing the original contractors from the performance 

of the work? 

Mr. BUI{NES. There was no possible release of those contractors; 

and I w1ll state to the gentleman that it was submitted to the committee that a percentage of work done and materials furnished was re· tained bv the Governm~nt that would be good security and would cover all possible damages. It was also represented to us that these con- trat:tors bad made a claim (whichMajorLydecker, however, refused to 

recognize) for a very large amount of extra work. But this claim could 

give the Government no secunty for probable impending losses, as the 

j 1 stice of the claim is positively denied, and in the present condition ot 

the work, as we understand it. the contractors have no right to any 

compensation. 

Mr. ROGERS. Will the gentleman state whether the amendment 

embraced in this report is broad enough to authorize an inquiry into 

the original contract, including the question I have suggested touching 

the release and the reletting? 

Mr. BURNES. The gentleman is so murh better qualified than myself to speak as to a legal proposition that in his presence I dislike to 

express a positive opinion; yet it seems to me the provision reported is 

sufficient. 

Mr. ROGERS. I appreciatethecourtesyand thepomplimentsofthe 

gentleman; but I did not hear that pal't of the conference report read, 

and am simply seeking information, in the hopethatifwe go into this 

investigation (which seems to be foreordained and absolutely necessary) 

it shall be complete, and that we may fix the responsibility wherever 

it should properly fall. Perhaps it would be well to have that part of 

the report again read. 

Mr. BURNES. I think it would be. 

Mr. WHEELER. Would it not be best to let this matter go over until to-morrow; so that we may in the mean while give it further ex- aruination? · 

Mr. BURNES. Ob, no; not at alL 

Mr. ROGEitS. I hope the gentleman from Missouri wil1 allow the 

Clerk to I:ead again that part of this report which relat s to the investigation of the aqueduct in Washington City. We desire to bear the 

precise language. 

The Clerk read as follows: Amendment numbered 42: That the House rt'cede from its disagreement to theamt>ndmentofthcSenate numbered 4:?, and agree to the same with an amend- ment ':l!l follows: In liE?u of .the matter proposed to be insert.ed by said amend- ment msert the follow1ng: "Jncrease of water supply, Wasbin~ton, D. C.: That all work heretofore per- fot·med upon the \Va.shingtou aqueduct tunnel, together with the provisions of any ·contract made for the same or any portion thereof, shall forth with be fully 

im·estigated by a joint select committee of six members, of whom three shall be members of the Senate. to be appointed by the President of the Senate, and three shall be members of the House of Representatives, to be appoint-ed by the Speaker. Said committee shaH have authority to employ a clerk and stenographer and such experts· as it may deem necessary fur the investigation; it 

JUR Y sit during the session of Congress or in recess, and shall have full power either in full committee or subcommittee to administer o a tlts and send for persons and papers and to conduct it."' investigation either in 'Vasbington or in such places as may be deemed necessary; it shall make full report of its pro- ceedings and the conclusions arrived at, with such recommeudations as it may deem proper. to Congress on or before January I, 1889 ; and for these purposes the snm of $5.000, o t· so much thereof as may be necessary. is hereby appropriated, to be disbm·sed Ol),Vouchers apprO\·ed by said commit,tee." And the Senate agree to the same. 

. Mr. ROGERS. I observe that the organization of this committee 

will be a peculiar one; and it is barely possible that upon the question as to the scope of this investigation the committee might be equally 

divided. Whether nuder the terms of the provision just read the com· 
9142 CONGRESSIONAL RECORD-HOUSE. OcTOBER a,· 

mittee would be authorized to go into the question of the letting of 

these la.st contracts might he, I think, to some extent a matter of controversy. So far as coneerp.s the work which has been done, I believe 

the provision is broad enough in its scope; but the gentleman from 

Missouri, if he Tiill re-examine t he verbiage, will see that it speaks of 

inquiring into the ''work heretofore performed," not into the letting 

of contracts. 

Mr. BURNES. It says "any contract." 

Mr. ROGERS. The committee is authorized to investigate into the 

work under any contract heretofore made, but there might perhaps be 

controversy whether the use of the word ''work'' would authorize the 

committee to examh\e into the method of letting these contracts. To 

my mind, with the evidence we have now before us, the letting of the 

contract to the present contmctors is a matter which should be very 

carefully inquired into. - There ought to be, it seems to me, very conclusive reasons shown to justify the rejection of the bid of parties who 

offered to do the work for $80,000 less than the persons to whom the 

contract was awarded, which seems to have been the case here. 

Those rea..<>ons, whatever they may have been, do not appear except 

in this correspondence between Dewees & Co. and the Secretary of War. 

I thirik there ought to be a v_ery careful investigation into tills matter. 

It has been talked, perhaps stated in the public press, that this man 

now in the management of this work, who it seems recommended the 

letting of this contract, has shown much more interest in the Metropolitan Club of this city, and perhaps in the "lancers" and the " germans" about the city,thanjn the management of this work; aud whenever I find a per.son educated at the expense of the Government, and 

charged with the supervision of works involving the expenditure of 

large amounts of money, who, instead of devotin~ himself to the discharge of his duties, engages in such pursuits as I have suggested to the 

neglect of his legitimate duties, aJ:!d when a contract has been let under 

the circumstances stated, I desire to know whether any of the money 

has gone into his expenses at the Uetropolitan Club or not. I think 

the scope of this in>estigation ought to he broad enough to cover that 

ground. 

Mr. RYAN. The gentleman from Arkansas will permit me to call 

his attention to the language of the amendment. ·while I think his 

criticismisnotaltogetberinappropriate, that is to say, the_objectmight 

be more .clearly expressed than it is~ I desire to call his attention to the 

language of the amendment, and ask whether in his judgment it is not 

sufficient? It is as follows: 

That all work heretofore performed upon the Washington aqueduct tunnel, 

together with. the provisions of any contract made for the same or any portion 

thereof, shall forthwith be fully investigated by a joint select committee of six 

members, of whom "three shall be members of the Senate, to be appointed by 

the President of the Senate, and three shall be members of the House of Representatives, to be appointed by the Speaker. 

ltir. ROGERS. My criticism is entirely just, that the language of 

the amendment goes to the performance of the work :;~.nd provides nothing in regard to the letting of the contracts. 

Mr. BURNES. I will say in reply to the gentleman from Arkansas, 

there is but one J1!ind, a-s I understand it, in the House and that is 

that the investigation should be full and complete, and should cover 

the letting of all .contracts, as well as the work done and the character 

of that work and the conduct of those connected with it, officially or 

otherwise. 

Mr. ROGERS. I do not think the gentleman has obser>ed the full 

force of the suggestion I make. It is manifest the organization of this 

committee is unusual. The committee is to be composed of three Senators and three ~Iembers, six in all. Suppose the committee should 

divide equally on the question as to the proper construction of the 

amendment, who would decide? 

Mr. BURNES. I am advised by others better informed than myself in reference to these matters, that this is the usual method in reference to the appointment of joint committees of the two -H.ouses. Mr. ROGERS. The committee might find itself divided equally, 

three on one side and three on the other; who then shall decide? · The SPEAKER. The hour of the gentleman from Missouri has expired. 

:Mr. RYAN. I wi.!:!h to say to my colleague on the committee, from 

Missouri, that in my judgment there is considerable foree in the suggestion made by the gentleman from Arkansas. If there is any doubt as to the sufficiency of the scope of this amendment, in my judg,:nent 

the report had better be disagreed to and sent back to the committee 

for further considemtion. It is too important a subject for any doubt 

whatever to exist in regard to it. 

1\fr. ROGERS. If I am recognized--

The SPEAKE~. The Chair recognizes the gentleman from Arkansas. 

Mr. ROGERS. I will yield the floor to the gent.leman from ~fissouri (Mr. BURNES]. - Mr. BURNES. I thank my friend from Arkansas, to whom I would 

say, in answer to his inquiries with regard to the matter, that at the 

time the last ap1;1ropriation was reported there was no question raised, no thought and no suspicion of fraud or fraudulent practices either in 

the War Department or before Congress. Late revelation.s have come upon us entirely without previous notice or warning. We were prepared for the great expenditures, but we did not anticipate the carelessness and indifference of engineers in charge of the work and by 

which the frauds reported were made possible. 

:Ur. ROGERS. But my friend from Missouri will observe that in 

ordering an investigation upon a matter of such importance as the one 

here involved, the scope of the authority conferred upon the comtnittee 

should be so full and complete as to enable an intelligent and faithful 

report to be submitted to Congress. But I will not take time to re~ 

peat the statement I have already made touching the limited scope of 

the amendment. I think there should be no question as to the lan· 

gnage of the amendment. It is now lii;Ilited merely to the performance 

of the "'!_Ork under the contract without reference to the letting of the 

contract. I believe my friend from Missouri would act wisely, and 

the circumstances would j ustify him, in a-llowing the matter to go back 

to the committee for further consideration as to whether the language 

of the amendment does cover all that is intended to be covered in theinvestigation. · 

Mr. BURNES. I am willing to do that. 

Mr. ROGEHS. Does the gentleman prefer that I should make the 

motion or that he should make it? 

Mr. RYAN. There are other matters. 

1\Ir. BURNES. ·I understand we can not have o. separate vote on each one of these propositions, but the conferees can get by discQBSions 

an understanding of what the wish and will of the Honse is, which it 

is our desire to carry out. 

Mr. SOWDEN. Will the gentleman yield to me for a question? 

Mr. BURNES. Certainly. 

1\Ir. SOWDEN. I understand amendment 107 as modified il\cl~n the claim of one of the Bell telephone attorneys, name4 Grosv 

Lowrey, for $911.20. I should like to know just exaetly what tho 

status of the matter is, and the difference between the original amount 

and the sum agreed upon in the modified agreement. 1 

Mr. BURNES. The amendment to which the gentleman f.rom P((nn~ 

sylvania alludes was placed upon the bill in conference, on the faith ot; a paper presented from the Department of Justice, showing certain bal~ . 

ances due to certain assistant district attorneys in South Carolina, and 

perhaps in other States. They were regularly certified by the Depart-' 

ment, and we appropriated for them becaus.e of that certificatiol). 

::M:r. SOWDEN. I would like to know whether the sum of $911.20, an alleged deficiency .or balance claimed by Grosvenor Lowr~y, a spec\al 

counsel in the Bell telephone cases, is included in the sum of $14,957.72 

provided for in this amendment? 

Mr. BURNES. Yes, sir. I see in this list furnished from the Department of Justice the following: .Fee i of dis_trict .attorneys of the United States courts, etc. 

And among the names that of <rt-osvenor Lowrey, of Massachusetts, 

appears for $911.20. . M:r. SOWDEN. Is that included in the $14,957. 72? 

M:r. BURNES. Yes, sir. That sum was added to the amount of the 

bill. 

Ur. SOWDEN. Does not the gentleman know that there is a protest pending against the payment of this additional allowance to this 

attorney on the ground that be had charged exorbitantly and extortionately for his services'? 

M:r. BURNES. I have heard a good deal of criticism upon some attorney for charges for expenses, etc., but I was not aware that this item 

of $911.20 had relation to that individual, but it is blended with other 

items, and the gentleman from Pennsylvania may be correct in his 

statement. I do not 1..ruow. I never heard of any protest against it. 

It came to us duly certified by the acting Attorney-GeneraL 

1\Ir, SOWDEN. Doe3 not the gentleman knowthatthisman Lowrey 

charged at the rate of $15 an hour to study up and aeqnaint "himself 

with the intricacies of the law involved in the question he was called 

upon to a.ssist in trying, and that he not only charged that, but charged 

$100 a day, too, while traveling from New York to Cincinnati and 

return, a d -charged while there actually engaged in the service of the 

Government $500 for his services and $171 more for traveling expenses 

there and back, not including a boar·d bill of $70, and $100 for each day 

detained there; and that the Government itself protested against the 

exorbitancy of the charges, in cons~quence of which his services in the 

case were dispensed with? And does not the gentleman know further 

that the present Acting Attorney-General bas protested against the pay- -

ment of a single cent more in addition to the exorbitant amounts already 

exacted and paid to tliis attorney? In view oLthese facts I would like 

to 1.-now why it is that this sum of $911.20 is included inthis amendment or modified agreement on the part of the conference committee, 

which covers the sum of $14,957.72. 

Mr. BURNES. I think if the gentleman will look at the report from 

the Department of Justice upon which this appropriation is made he 

will find that it is sent to us by William A. Manry, Acting AttorneyGeneral. But I did not stop to inquire whether :Mr. Maury or :Mr. 

Jenks or Ur. Garland signed it. I took it for granted that in the 

auditing of this $911.20 tbe Department of Justice had followed the 

law and that there was no question about what was dne. Surely the 

gentleman from Pennsylvania is mistaken in his statement of the ex- traordinary amount charged for by the hour. The Department of Justice would not audit such o. claim. 
'-

·. 

1888. CONGRESSIONAL RECORD-HOUSE. 9143 

Mr. SOWDEN. Allow me to state that this man has already received over $12,000 for services alleged to have been rendered by him; and I 

unclerstand that his charges were so exorbitant-and this balance still 

remaining and claimed by him now is a. part of the same character of 

charges-that the Department of Justice itself dispensed -with his serv- ices. I think under these circumstances the Honse should never con- sent to the allowance of this additional claim made by this attorney, 

and I hope that the repori, if it goes back to the conference, will be con- si<Jered with a view to striking it out. I hope it will be excluded. 

Ir. BURNES. I have no objection to giving the matter more thor- ough consideration. I know nothing of the merits or demerits of the 

claim. 

1r. SOWDEN. I have examined it very carefully. 

l\Ir. BURNES. I have hearO, rumors of charges and extm charges anu exorbitant charges in thiS connection, but·I know nothing personally of the facts. The Department of Justice audits and certifies the 

claim or allowance in an official communication, and I trust such a claim us the gentleman describes would not receive such a high indorsement. 

J\Ir. SOWDEN. If the matter goes into conference again I hope the 

question will be considered; and the suggestion is therefore submitted 

for that purpose. 

Mr. BURNES. I will look into it. 

1\Ir. DUNN. I desire to ask the gentleman from Missouri as to the 

disposition of the amendment numbered, I think, 231? 

:Mr. BURNES. We will reach that in a moment. 

the next proposition to which I wish to call the attention of the 

House is the proposition made by the Senate amendment to pay to the 

widow of Chief-Justice Waite ·$8,745, being the balance of his salary 

for one year, in consideration of the eminent services of the late ChiefJustice. I can say that the Houseconfereeshad and haveall the sympathy for the surviving members of that family that the conferees on the part of the Senate have; and that they share with the conferees on the 

part of the Senate equa.lly in respect for this great man wh6 is gone. 

'Vc submitted a proposition to them that they might consult their own Judiciary Committee, and if that committee would say there was any 

precedent for it in all of the past, we would recommend to the House 

concurrence in the amendment. 

The chairman of the Judiciary Committee came before us and frankly 

admitted that there -was no such precedent; that Ellsworth and Marshall and Taney and Chase all died, leaving families in circumstances 

needing assistance, and yet that no such proposition as this was ever even submitted to Congress. 

1\Ir. CATCHINGS. Congress had never refused to make such an appropriation, but had not been asked. 

Mr. BURNES. No such proposition as this was ever made before 

to Congress in behalf of any one of the predecessors of Chief-Justice 

Waite; nor has any proposition been made in behalf of any of the 

widows or orphans _of associate justices, or of the circuit judges ordistrir.tjudges; and I seenoreason whyajudgeevenofalowercourtthan 

the Supreme Court mighb not be entitled under our system of government to the same consideration that is given to the Chief-Justice. That 

is all I care to say. We could not recognize this principle. I would 

be as much gratified to take money and give it for the help of these 

worthy people as anybody else; but we-feel that it is not within our power, nor in accordance with the limitations placed upon us, as well by 

the Constitution as by the public sentiment of the country, to use the 

public money in such a way. 

The next proposition is one with regard to an indefinite appropriation of a year's salary to the widow and children of a man in Jacksonville, Fla., an employ6 of the Government in the collector's office, who 

died of yellow fever and left a widow and children in destitute circumstances. Again our charity was appealed to with that sentimentality 

which seems to be the highest law in another bodyoflegislators. We 

:find no justification for such an appropriation, nor for the persistency 

with which it has been insisted upon elsewhere. The Cassibianca plea 

is urged in support of this amendment. It is said he stood on the burning deck when all but him had fled. It seems to me too absurd for 

di ·<·ussion. :Mr. SENEY. What is tbe amount? 

Mr. BURNES. It is an indefinite amount. It is one year's salary. 

Mr. SOWDEN. I desire now, as my friend from .Alabama [Ur. 

OATES] is in his seat, to ask hl.m in reference to the claim of Lowrey 

of 5911 and some cents, whether the Acting-Attorney-General did not 

protest against its payment? I would like the gentleman from .Alabama [Mr. OATES] to corroborate my statement on that subject. 

Ur. OATES. Mr. Speaker, all I know about the matter is that I 

had a conversation with Solicitor-General Jenks, who is the Acting .Attorney-General in this ca e, and I know he stated that oii account of 

the amount of the charges this attorney rendered, severed or discontinued the contract that had been made with him. That is all I know 

about it. 

Mr. SOWDEN. That is all I wanted to know; and I thank the gen- tleman for his courtesy. 

Mr. BURNES. Mr. Speaker, I would next Cc'l.ll attention to the last 

amendment to the bill, not, however, the last to be considered. That 

is the amendment No. 231 in reg:u:d to the Public Land Strip. The 

amendment makes no appropriation, and is an admitted attempt at 

legislation on an appropriation bill, in the face of the express rules of 

the Senate and of this House. If we are to recognize the continuance of this pretended right on the part of the Senate to put upon appropriation bills, which must originate in this Home, any kind of amendment they please, whether it is relative to an appropriation or to administration, it will not be long until such bills will be loaded with 

all the legislative propositions pending in that body, because it is a much easier method of legislation than can be had by a fair observance 

of well-settled principles and policies of legislation. That is one objection to this proposition. Another objection, sir, is thn.t it undertakes 

to disregard the principle of allowing the people of a community, as 

far as possible, to govern themselves. 

These people in thts Public Land Strip have expressly desired to have 

a Territorial organization; and as a last resort, if that be denied them, they do not desire, as I understand, to have the laws over them admin- istered from the State of Kan..,as. Kansas is my neighbor, and Kansas 

people are generally my friends and acquaintances. I do not desire to 

say that this feeling of the people iu that territory against Kansas is 

right or wrong, but my information is that it is intensely hostile to the 

proposition to be annexed to Kansas for any purpose. And in the Public Land Strip there is an uneasiness with regard to the disposition ot 

the lands, including town sites. It has been said that there are schemes 

and plots and counterplots in Kansas, on the harder, and elsewhere, tl;tat cause that uneasiness. It may be that that feeling of uneasiness is 

without proper cause, but as it exists and the people have asked for a different jurisdiction over them, I think the amendment should be resisted. 

I say this without any disrespect to the State of Kansas, whose laws, 

I presume, are about as good as the laws of any other State, unless it 

be Missouri. [Laughter. J 

Mr. RYAN. I will say to the gentleman that this proposition does 

not extend the laws of the State of Kansas over the Public Land Strip 

at all. It simply extends the laws of the United States for the punishment of public offenses over this strip and attaches it to the Federal 

judiciary of Kansas for administration. 

M:1·. BURNES. Of course. But Kansas officials are put over them, 

and practically to them the secret is the same. The United States judges of Kansas, in the administration of the laws 

you place in operation in this Strip, are, in the minds of the people there, a part of Kansas, Kansas laws and institutions. They may be unrea- sonable, but they want something else. They seek, first, local government; and, secondly, a connection, if local self-government is not attainable, with the State of Colorado. 

Mr. PETERS. Mr. Speaker, I am somewhat conversant with the 

situation, because No 1\Ian's Land lies immediately adjacent to my 

district. So far as the wish of the people upon that Strip is concerned as to whether they shall have a Territorial government or shall be attached to any other portion of the United States, their main object; is 

to get some law. They have no law at present. .A. change is neces- sary, not only for the interests of the people on that Strip, but also for 

the interests of the people of my district and of my St.:'lte. Doubtless 

many gentlemen will remember some murders of citizens of:Kansas that were committed on this No Man's Land Strip during the past summer. The victims were citizens of my district. There was a controversy 

in a county bordering upon No Man's Land, a difficulty growing out or a county-seat fight, and one party of men went down into the No Man's 

Land Strip for the purpose of avoiding a conflict, and another party followed them for the purpose of bringing on a conflict. '.rhe result was that these murders were committed, and there was and there is no law 

to punish them. My own State has made considerable of an investigation in referencei.o the power to punish the men who have committed 

these offenses, and I believe it is conceded by the best lawyers who have 

examined the question that there is no law for the punishment of an 

offense committed upon this Strip. These murderS were committed 

within 8 miles of the Stateline, within 8 miles of organized c.ommunities, organized counties and townships, and the result of this state ot 

things is that the people of No Man's Land have come to the conclusion that they must have Jaw of some kind or else their property and 

their lives will be at the mercy of any band of ruffians that may come down there. 

Mr. DUNN. Does the gentleman from Kansas [l\1r. PETERS] think 

that if this amendment should be agreed to it would have a retroactive 

effect and allow grand juries to go into that Territory and indict men for past offenses? · 

1\Ir. PETERS. Oh, no; I do not think it could have any such effect as that. 

1\Ir. LANHA.M:. But it might ha\e a very desirable prospecti>e ef- fect. 

.Ur. PETERS. Yes. Now, the object of this proposition is to afford 

the people some temporary relief. I am, as most of the members of 

this House l!Te, strongly in favor of the Okla.homa bill. I desire the 

formation of a Territory there. I desire the passage of auy legislation· that will give those people the protection of the United States laws, if 

it be only such a measure as this, to afford the people some temporary 
I 

9144 CONGRESS! ON AL-- RECORD-HOUSE. OCTOBER 

relief. The very fact of the extension of the laws of the United States over that strip would have a tendency to check the commission of crimes 

aud would also have the effect to break up the rendezvous of horsethieves and other criminals that now exists there and can continue to 

exist in defiance of law. In an hour's ride they can go up into Kan~ 

and steal a horse and get back into this strip, and there is no power beneath the flag to go in there and arrest them. 

l\lr, DUNN. I suppose that people from Kansas could go down 

there and steal a horse, too. [Laughter.] 

Mr. PETERS. But they do not want to do it. 

Ur. H.Y AN. And if any one shonld do that, the moment he brought 

the ~olen property into our State he would be arrested and punished. 

Mr. PETEl-<S. Yes, if a horse was stolen there our State htw would 

punish the thief, and it gh'es jurisdiction to plinisb him in any county 

into which the property is taken. 

Now, the objection is urged that these people in No Man's Land desire to be attached to the State of Colorado. So far as that is con- cerned, I do not believe the people of Kansas care about it one way or the other. 

Mr. RYAN. Not a straw. 

Mr. PETERS. They do not care whether the jurisdiction is given 

to Colorado or to the Territory of New Mexico or to Arkansas, or to 

any other State. What the people of Kansas desire is that this strip, 

which is now the rendezvous ofborse-thieveR, murderers, and scalawags 

of. every class hom all over the United States, may be placed under the 

Jaw so that that nest of thieves may be broken up. 

Mr. SPINOLA. Why not bring in a bill for that purpose? 

Mr. PETERS. A bill ~as passed in the Forty-ninth Congress providing for this very relief. It went to the President two days before 

the close of the session and for some reason or other be did not have 

time to examine it, or at all events it did not meet Executive approval. 

Mr. SOWDEN. Is there not a blll pending now in this Congress for 

the same purpose? 

Mr. PETERS. There is a bill now pending for substantially the same purpose, but there is no possible chance to secure any legislation 

of that kind at this session unless it be secured on an appropriation bilJ. 

And I may say, in answer to the gentleman from Missouri, that I, presume one of the reasons why the Senate put thts amendment on the 

bill was the necessity of some provision of this kind, and the belief 

that no other relief could now be afforded. 

Mr. HOOKER. Is the bill to which the gentleman bas referred the one which was reported bythegentleman from Indiana, Mr. HoLMAN? 

Mr. PETERS. I allude to that bill. 

Mr. SOW DEN. The Oklahoma bill would also give the people this 

relief. 

Mr. PETERS. Yes, sir; either of those bills would give the people 

of No Man's Land and the citizens of Kansas the relief they desire; 

bot it is apparent that neither oftno e bills can possibly pass at this 

session. Upon the Oklahoma bill, as well as upon the bill reported by the 

gentleman from Indiana [Mr. HoLMAN] the question of "no quorum" 

bas been raised, consequently the only hope for relief is through some measure of this kind attached to an appropriation bill. This, as I have 

suggested, was undoubtedly the motive which actuated the Senate in 

placing this provision on the bill. 

Mr. SYMES. Does not this provision also extend the land laws of 

the United States now in force to No Man's Land and attach it to the 

southwestern land district of Kansas; and would not that result in the 

acquirement of pt:e-emption titles to the whol-e of that Public Land 

Strip, although the policy of this House, as evidenced in connection 

with Judge Holman's bill, and particularly m connection with the 

Oklahoma bill, is that ~nly homesteaders shall acquire title there? 

Are we not therefQre by tliis provision proceeding to revolutionize a policy in faYor of which the Honse has declared itSelf? 

Mr. PETERS. That is a rather long question. 

Mr. SYMES. I knew the gentleman had a long head, which I 

thought could bold a long question. 

Mr. RYAN. Does the gentleman want an answer? 

l,ir. SYMES. I do. 

Mr. RYAN. If my colle.:1.gue [Mr. PETERS] will allow me, I will 

say it is truethata part oftheamendment does extend the land laws ofthe 

United States over that territory and attach it to the south western. district of Kansas for entry purposes. But 1 think it proper to state that 

the Senateconterees intimated to the conferees on the part of the House 

their perfect willingness to surrender that feature of this amendment. 

Mr. SYMES. Is it understood that the conferees on the part of the 

House desire the Senate to surrender that portion of the amendment? 

Mr. RYA~. I think that at least a majority of the House conferees 

desire them to surrender the whole amendment. 

:Mr. PETERS. I wish to state in this connection that so far as No 

Man's Land is concerned I would not favor any provision which would 

be at all in conflict with the policy of this House as evidenced by the 

discussions here -in connection with the Oklahoma bill an{l on other oc- casions. I am opposed to the pre-emption feature; I am opposed to any 

other policy in this respect than that which has been foreshadowed by 

the OkLtboma bill. But that is a matter which cou.ld be agreed noon 

in conference. What I am pleading for is simply that this question be 

permitted to go back to the conierence committee, so that this amendment may be changed in such a way as to conform to the policy of the 

Honse as expressed upon this subject. 

1\lr. HERBERT. I wish to inquire whether there is any difference 

between this provision and the provision on the same subject contained 

in the bill reported by Jud,ge HoLMAN? 

Mr. PETERS. Yes, sir; there is quite a difference. 

Mr. HERBERT. I mean do they not agree in respect to the exten~ 

sion of the laws of the United States oTer the region of country re- · ferred to? 

Mr. PETERS. The provisions of this amendment do not go as far as the provisions of the Holman bill. · 

Mr. PERKINS. Tl\e Holman bill provided for local government, 

while this does no such thing. It simply extends the Jaws of-the 

United States temporarily over the territory and attaches it to Kansas 

for jurisdictional purposes. That is all there is in this amendment. 

Mr. RYAN. All that the Senate conferees insist upon is that the 

laws of the United States for the punishment of public offenses shall 

be extended over this territory, and that it shall be attached to Kansas 

for the purpose of the execution of those laws. The Senate, I presume, would not insist particuJarly upon this territory beibg attached 

to Kansas, but would perhaps be equally willing to atta(!h it to Texas, 

Colora-do, or New Mexico. What the :::lenate conferees insist upon is 

that the people in this territory shall have the protection of Federal 

law with reference to the punishment of crime. 

Mr. PETERS. I believe that what the people of No Man's Land 

desire as a measure of temporary relief is that there shall he some law 

extended there for the protection of the community; and that is what 

my people desire. So far as concerns the question of acquiring land 

there-whether it be acquired under the homestead law orotherwiseI am will in~ that question shouJd be settled in the futu,re either by the 

passage of the Oklahoma bill or by some other legislation. What we 

de:ire is that the protection of the law shall be extended over this body 

of land lying immediately adjacent to Kansa."; and this, I believe, is 

what the people of No Man's Land desire. They are more urgent in 

regard to having some law extended there which will protect their per- sons and their property, which will punish thieves and murderers, than 

they are in relation to the acquirement of real estate, in respect to 

wh:ch they believe that the passage of the Oklahoma hill or some simi~ 

Jar measure at the next session of Congress will ghe them proper relief. 

I thank the gentleman from Missouri [Mr. BURNES] for his courtesy, 

and yield him back the floor. 

Mr. BURNE~3. I yield to my colleague [Mr. MANSUR] for ten minutes. 

Mr. MANSUR. Mr. Speaker, before proceeding to address the House · I will in the first place ask for the reading of what took place in the 

Senate concerning this matter. It is short. 

The Clerk read as follows: Mr. PLUMB. I was instructed by the Committee on Public Lands to offer this amendment to cover an emergency which exists in regard to the strip known as No Man's Land. By some oversight that. strip has not been included in any ju- dicial district of the United States, and, while there are 6,000 or 7.000, or )Jerbaps even 10.000, people on that Strip. they have no means of protecting their right!" to life or property, and no means of acquirmg title to the lands on which 

they have settled. · A year ago last 'vinter the Senate passed a bill which the House finally con- cii'rred in, which went to the Presideut a couple of days before the adjournment of the session in March, but the President did not sign it. That bill is in sub- stantially the terms of this amendment which I have proposed. During this session the Senate has passed two bills with reference to thi::~ s ubject. one to ac- complish what is proposed by this amendment. and another to aua{·h the Strip 

permanently to the State of Kansas. The other House has acted t•pon neither. This arrangement is a. temporary one. l have little doubt myself thutin due course of time this Public Land Strip will be incorporated in whatever Terri- tory may be formed out of the Indian Territory, but in the mean time it is a Botnny Bay for all that section of country. About two months ago some six or seven people were killed at on time in that territory. The disiJakhes say that some sixteen or seventeen others have been killed since that time. Law- le!'ls characters from the whole country arotand go into that Strip and prey upon tile adjoiuing portions of Texas, New Mexico, Colorado, and KanRas. !\Jr. CULLOM. Does the amendment propose to extend the jm:isdiction of the courts? 

.Mr. PLUMB. It proposes to extend the jurisdiction of the United States courts, and it provides for the survey of the land. 1t provide:~ that. tt1ese people may make entries under the homestead law in the adjacent district of Kansas. That will not be inconvenient to them, bPcause all the business can be done by mail, and before the time when these entries are requirt>d to be made, as they can only be made in five years, undoubtedly Congress will act in such a way as to make some permanent disposition of this territ{)ry. Mr. CuLLoM. Allldesireto say is that this Congress certainly ought not to ad- journ without doing something to prot-ect those people. Mr. PLUMB. This amendment, of course, is out of order as much as anything can possibly be; but I very much hope that in view of the cir~umstances of the case and the very great emergency no point of order will I.Je made upon the amendment. It meets wit.h the unanimous concurrence of the Public Lands Committee. The subject has been pr1 sen led to the C<Jmmittee on Appropriations, and no member of that committee, I think, will make a point of order. Th ·s appears to be the only possible chance of obtaining any legislation which 

will protect the live!" or the property of the people who are liYing on that Strip, or the lives or the property of the people who live adjacent thereto, and who are being preyed upon by lawless characters who make their headquarters on that St1·ip. 

Mr. MANSUR. :Mr. Speaker, the people of the district I represent 

have a large interest in this matter also. 1 think I am within the 

limit wheu I say there are five hundred men in my district waiting 

each day for the organization of the Territory of Oklahoma to cast ia-' 
1888. CONGRESSIONAL RECORD-HOUSE. 9145 

their destinies with that new municipality. In addition to that I have seen a petition signed by 3,000 to 4,000 vott>rs in my district in favor 

of the organization of the Territory of Oklahoma. There are other 

petitions aggregating over 6,000 or 7,000 signatures praying for that 

form of organization and government to be extended over this land in 

connection with the w:est part of the Indian Territory. And I offer 

the statement of these facts as a partial explanation of the interest I 

take in this proposition. 

Now, in the Senate, as·stated by the gentleman from Kansas [Mr. 

PETERS}, that is the explanation of the position upon whicli most ex- traordinary legislation on the part of that body is sought for the pmpose of giving law to a portion of onr common country which apparently in all past legislation has been ignored. Whatever may have 

been the eondition of affairs there heretofore the condition of affairs now seems tO be much better than it was. About September 15 a territorial convention was held in No Man's Land. It assembled after 

full notification. It was advertised. It met and passed resolutions. 

They selected again as delegate to represent them be:tore this Congress, as far as he eould, 0. G. Chase. I have read letters from Mr. Chase 

respecting this people, and there is no reign of terror in that land. 

Hut let me read the proceedings of that convention. They are as follows: · 

NO MAN'S LAND-A TERRITORIAL CONVENTION N01\1INATES OFFICERS AND ADOPTS 

STRONG RESOLUTIONS. 

BEAVER, No MAN'S LAND, September 17. 

Inclosed I send you the platform adopted by the Oklahoma Territorial con ven- tion which assembled here last Saturday. The convention had been welladvertised, and was a large and enthusiastic gathering of the friends of Territorial 

government. John Dale, who had been in Washington during lihe winter helping the Kansas annexation and Cherokee Live-Stock Association in their 

schemes for town-site, scrip, and other speculations, was present, and In a. lengthy speech attempted to capture the true friends to home rule and convert them to his way of doing business, but he failed, and was invited to sit down, 

and left the room in disgust. 0. G. Chase was nominated as a. delegate to the Fifty-first Congress. A full 

Territorial ticket for the thit·d annual council was also put in the field, and it 

was generally agreed that nine-tenths of the population prefer to remain as yve are rather than yield to the Kansas annexation schemes. A large number of. old soldiers were also present and organized a p;>st of the 

Grand Army of the Republic on the same day, which brought out scores ot army flags and many greetings amid old army friends. 

The platf .. rm of principles is as follows: 

".&solved, That this convention, having been called by notices inserted in 

each of the newspapers published in this Territory. does hereby heartily indorse 

the action of our Tenitorial council in ita wisdom in adopting the Colorado 

laws, a.~ enunciated iu council bills Nos. 9 and 10, a.ud that we furthermot·e indorse our friends in their successful effort in adaing section 18 to the Oklahoma. 

bill, authorizing the governor of this new Territory to adopt the Colorado laws 

for it until the Legislative Assembly shall otherwise provide. "Resol!ved, That the Territorial party will in the future act as it has done in 

the past, and constantly insist upon local Territorial government authorized by 

Congress to secure for our people schools, courts, and a. United States land office within our borders, the same as other Territories have. 

"&solved, That we earnestly recommend a full, free, and honest vote be had 

in each precinct in this Territory at the November election for all Territorial, 

county, and precinct officers, aud that returns be made to the council meeting, 

held tn Beaver on the first Wednesday in December, as prescribed in council 

bills numbers 7 and 10, pages 116 and 128, Territorial Records. 

"Raolved, That we cong•·atulate ourselves upon the successful establishment 

oflaw in No Man's Land, which is respected and obeyed better here than are the laws in States adjacent. and that we implore Congress to lay aside strife, envy, tariff, and political prejudice long enou~h to give us the long-looked-for 

and much-coveted aforesaid legislation and backing. 

"Resolved, That we ask our friends to keep an eye single to the wants and 

necessities of the 15,000 people who, in the language of Ron. \VILLIAl\1 J\1. 

SPRINGER, • have made such laudable efforts to create a. republican form of gov- ernment in No l\lan's Land.'" 

When this question was raised four or five days ago the distinguished 

chairman of our Committee on the Public Lands, the gentleman from 

Indiana [Mr. HoLMAN], got up and stated he would oppose this meas- ure. I will read what then took place from the RECORD, page 98ti3. 

Here it is: Mr. HoLMAN. I wish to add a. word. That so much of the amendment as pro- poses to attach the Public Land Strip to any portion of the State of Kansas will 

be as strenuously objected to by myself as by any other memb .. r on the floor. 

If the Land Strip is to be organized into a land dist.ri~t at all it should be a sep- arate district. It contains three and a. half millions of acres, and I am confident when the subject is carefully considered the House will not consent to add 

it to any of the adjacent territory. I shall object to any other arrangement 

than that I have indicated. 

Mr. PETERS. Will the gentleman allow me to ask him a question? 

Mr. MANSUR. Yes, sir. 

Mr. PETERS. Would there be any objection if the amendment only 

extended the laws of the United States so fiu as crime is concerned over 

No Man's Land? 

Mr. MAN~UR. Yes, sir; and I will explain the reason why. 

Mr. PETERS. I hope it will he done. 

Mr. MANSUR. Yes, sir, I will explain; and I uesire first to call the 

attention of the gentleman to another resolution adopted at the same convention at Beaver: 

1Usol11ed, That we congratulate ourselves upon t.he successful establishment 

of law in No Man's Land which is respected and obeyed better here than are the laws in States adjacent; and that we implore Congress to lay aside strife, envy, tariff, and political prejudice long enough to give us the long-looked for 

and mn.ch coveted aforesaid legislation and backing. 

That is to say they want a Territorial organization of their own, and 

in that feeling I participate. Now, as I have said, tbe statements made 

by the distinguished Senators from Kansas and Illinois, which have 

been read in the hearing of the House a few moments ago, indicate that 

they put their action upon the basis of peace and pacification for the 

people thPre. But the people themselves deny it. They say it is not on that ground at all, but as this resolution indicates, that they want 

asepara.teand distinct organization of their own. And more than that, 

Mr. Speaker, this Territory if put into thiB condition, in my judgment, 

with all the land laws of the United States in forces and authority for 

the Secretary of tbe Interior to proceed and survey the lands and make 

the lands subject to the present laws of the United States, is in direct 

conflict with the terms and provisions of the bill known as the bill for 

the organization of the Territory of Oklahoma, and is so con idered by 

the friends of that measure; and therefore as the friends of that bill, 

and speaking for them, we are prepared to fight thiR provision to the 

hitter end, !know I can speak in this regard forthegentlemanfromlowa 

[Mr. STRUBLEJ, who sits in front of me; the gentleman from· Arkansas; the gentleman from Wiscon~in, and other distinguished gentlemen 

wbo are not now present, and it will certainly take a quorum of this 

House to pass this measure through it. 

Mr. PETERS. I should not support that amendment of the Senate 

myself, so far as that is concerned; but the snggestion--

Mr. BURNES. After the statement of my colleague. dehate is en· tirely unnecessary, in v.iew of his declaration, and I think the Honse 

is perfectly willing to let it go. 

Mr. MANSUR. Very well; although I have not concluded what I 

had to say, I am perfectly willing and content to let the mutter go with 

that understanding. 

Mr. BURNE~. Of course, I do not desire to prevent my colleague 

from continuing his remarks if he wishes to proceed further. But de· 

bate is unnecessary. 

Mr. SYMES. Will the gentleman from Missouri allow a. question? 

Mr. MANSUR. Certainly. . 

Mr. SYMES. Do you propose to insist upon the presence of a quo- rum if the Senate amendment is simply to ex tend jurisdiction over that 

territory for the punishment of crimes, and not in any way attaching 

to it another land district or extending the land jurisdiction over it? 

Mr. MANSUR. Yes, sir; in any event. The Oklahoma bill has the 

right of way, and we have by a poll of the Honse ascertained that over 

two hundred members--

.Mr . .1:' ET.KK~. As I understand the gentleman from Missouri, then, 

he proposes to punish the people in my district- to make a little c..~ pi tal 

for another measure pending in Congress. 

Mr. DUNN. Let the people of your district stay at home. 

Mr. PETERS. They do stay a"t homu. It is not my people who are 

making this difficulty. It is the outlaws in this No .Man's Land who 

are placed beyond the reach of criminal jurisdiction. 

Mr. MANSUR. My position is this: that the Oklahoma bill has the 

right of way. Now, if we are correct in our information, two-thirds or more of the House are in favor of its passage. Having the right of 

way at the opening of the next session of Congress, it will llave its day, 

and filibustering in a full Honse will neither delay its passage nor beat it. 

Mr. PETERS. But is it not true that every friend of the Oklahoma measure from the West, and especially from Kansas, in this Honse 

would vote tor the Oklahoma bill as quickly and readily if this feature OI' amendment in relation to crime in No Man's Land was put into 

this bill or into a separate measure? 

Mr. MANSUR. No, sir; and I call the attention of the -gentleman 

to the resolution of September 15, passed at this meeting. in which the 

people there expressly deny that they are willing to be attached to any 

othtlr public land district. · Mr. PETERS. And I venture to say in response to the gentleman, 

and I know it is a matter of tact, for I have been amongst tbem, that 

the people of No Man's Land are about equally divided on the question, and the convention to which he alludes expressed tlle convictions 

of a large minority of the citizens, but not the convictions of a ma- jority of them. They are divided upon this very qu~tion now just 

as they were two years ago, when they sent here two delegates, one in 

tavor of annexation to Kansas and another in favor of the separate organization of the territory. 

Mr. MANSUR. But here-is the action of an organized convention, 

in which Mr. Dale, one of the very parties that you refer to, who came here and advocated your own views, was hissed for expressing annexar tion sentiments. · Now, what authority has the gentleman lor Raying 

that it was a minority of the people and not a majority ot the citizens 

of that Territory who were represented in that convention? 

Mr. PETERS. Because the very same element that met there 

passed a resolution that sent one of these delegates to Congress. The 

other convention has not met yet and we have not heard from the 

other side. 

Mr. MANSUR. When were you last there? 

Mr. PETERS. Last week. 

Mr. HEA.RD. Will my colleague allow a question? 

Mr. MANSUR. Certainlv. 

Mr. HEaHD. I understand the resolution as read hy my colleague 

to be directed to the extension of the ]and laws o>er that district. 

Mr. MANSUR. We object to that because the people object--

Mr. HEARD. But my colleague does not permit me to finis4. He 

' 
9146 CONGRESSIONAL RECORD-HOUSE. OCTOBER 3, 

does not understand me. I say the objection I understand you to read 

from the resolutions adopted there was against the adoption of the ex- tension of the land lp.ws and not against the jurisdiction of the Federal 

courts. . Mr. 1\IA.NSUR. Yes; against the whole thing. 

Mr. HEARD. . Then my colleague did not read that fat; he only' 

read part in response to a question. 

Ur. MANSUR. I will read it: 

.Resol1:ed, That the Territorial party will in the future act as it has done in the past, and constantly insist upon local Territorial government authorized by 

Congress to secure for our people schools, courts, and a United States land office. '"ithiu our borders, the same as other Territories have. 

Mr. HEARD. They insist upon a Territorial organization. I understand that; and I stand with him willing to give that to these people; 

but what I undertake to say as a friend of Oklahoma is that I do not 

seehowitwouldmilitateagainstthatorganizationifuntilwegetenough 

members of this body present to pass the bill we should give them now the protection which is proposed by this bill. Therefore I am in favor 

of giving to them the protection which is guarantied by the institution 

of some court which will administer the Federal law for the prevention 

and punishment of crime. I am also in favor of giving them a Territorial form of government at the earliest practicable date. 

Mr. :MANSUR. Within ninety days we can give to Oklahoma a Territorial organization, so far as the action of the-House is concerned, 

and those blessings which will flow from that form of goverument are tenfold greater than those which would follow the acceptance of this 

proposition. · Mr. HEARD. Let us give them both. 

Mr. PERKINS. Will my friend yield to me for one question? 

The SPEAKER pro tempo're. The time of the gentleman has expired, and this debate is all proceeding by unanimous consent. 

1\Ir. PERKINS. The question I desire to ask is, if in the opinion of 

the gentleman from Missouri [:Mr. MANSUR] he understands that the 

people of Oklahoma would not desire the laws of the United States ex- tended over them temporarily pending the consideration of the organization of a Territorial form of government for them? 

Mr. MANSUR. 1\Iy understanding is that with the hope of having 

the Oklahoma bill passed at an early day in the next session they prefer to let the matter stay as it is. That is the latest information I 

have. 

111r. BURNES. If my colleague is through I desire to yield ten minutes to the gentleman from Texas [Mr. LANHA1ti]. 

Mr. LANHAM. Mr. Speaker, I may not possibly be able to submit 

what I desire to state to the House in that length of time, because what 

I will offer is largely composed of evidence which I desire the Honse to 

hear. Now, I agree with the statement made by the gentleman from 

Kansas (Mr. PETERS] to the effect that it is absolutely necessary that 

some sort of criminal jurisdiction should be enforced within this tract 

of country known as ''No Man's Land." 

Mr. HOOKER. How many people are there on it? 

Mr. LANHAl\f. I do not know. I have seen various estimates 

about it. I represent a district bordering in part upon this region, and 

for-the last eight or ten months I have received frequent and numerous complaints from a part of my constituency concerning the depredations committed upon them by parties coming down from "No Man's 

Land" into Texas. Now, I do not care wh$)re the jurisdiction may 

go-whe£her it is Colorado, Kansas, New Mexico, or anywhere elsebut there seems to me to be an absolute and pressing necessity that some 

political organization should have criminal jurisdiction, at least temporarily, over this region. 

Now, let us for a m!)ment see what is this ''No Man's Land." In 

the report of the Secretary of the Interior, submitted at the beginning 

of this session, I find the following: 

PUBLIQ-LAJI."D STRIP. 

Because of its anomalous condition, this portion of the public domain should receive the prompt attention of Congress. This tract of land is bounded on the east by the Indian Territory, on the north by Kansas and Colorado, on the west by New Mexico, and on the south by Texas. It is a. little over 168 miles long from east to west, and a. fraction over 34 miles in width from north to south; contains 5,738 square miles, or 3,672,640 acres. Excluded from the boundaries of these States and this Territory, it has always been outside of any political 

jurisdiction. It is simply a part of the publfc doma.in1 ?verwhich the land laws have not been extended, and within the limits of wnich no tribunal, civil or criminal, has jurisdiction to protect property or punish crime. 

• * * * * (< "' 

The territory should" also be placed under some political organization, so that civil and criminal law may be properly administered therein. 

I do not think the gentleman from Kansas [Mr. PETERS] has at all 

exaggerated the conditions oflawlessness which obtain in "No Man's 

Land" and the country immediately adjacent thereto. ·As I have 

stated, for the last several months I have received complaints from my 

constituents as to the situation there. I hold in my hand a letter addressed by General Henry E. McCullough, the State land agent of 

Texas, to the governor of Texas, on 5th December last, and by him re- ferred to me. I read from that letter this-statement: 

I find a strip of land about 30 miles wide extending all along the north end of the Pan Handle, known as the" Neutral Strip," which seems to belong to no country, State or Federal-at least, no government seem.s to exercise any law- ful control over its citizens, or rather inhabitants, and from all I can learn there is a collection of lawle s men from all parts of the world on it, and our people 

complain of their depredations, in this, that some of them c.Qme down into the 

stock ranges in the Pan Handle with their Winchesters axes and wa..,.ons "hunting," when there is little or no game, camp in out-of~the w~y-places 0 and when they start back always have their wagons well loaded with wood a~d it is believed that some. if not all, of them have some fresh beef under the' wood· and some of these people make a practice of coming down regularly into on:{. border counties and cutting and hauling off the best cedar ap.d other timber that g:rows on h?th ra.ilwa~ and scho~llands, and none of our people seem to feel at liberty to mterfere w1th them m any way, and without they are backed by some State authority they will hardly undertake it. · 

Mr. DUNN. Is it necessary to extend the laws of the United States 

to the Public Land Strip to prevent the commission of crime in Texas? 

Mr. LANHAM. I hope the gentleman will wait until I get through 

with the evidence that I desire to submit. I send tD the Clerk's desk 

to be read an article found in the Fort Worth Gazette comma from a 

correspondent at Mobeetie, Tex., a few days after the date of the letter 

which I have just read from Generall'IIcCullough, and which was sent 

from the same place. 

The Clerk read as follows: 

SHEOL IN NO MAN'S LAND-THE PUBLIC LAND STRIP OVERRUN WITH THIF.VES 

AND RUSTLERs-MURDERS OF DAILY OCCURRENCE-A GENERAL DEMAND FOR 

COXGRESS TO PLACE THE PUBLIC L.u.'"D STRIP UNDER STATE OR FEDERAL SURVEILLANCE-cATTLE KILLED FOR THEm HIDES-TliE EARLY DAYS OF CALIFORNIA REVIVED-SPECD1ES CASES OF CRIMES. 

[Correspondence of the Gazette.] 

MOBEETIE, TEX., Decembef' 12. 

A sto~kman frQm Hansford County is here to fi_n.d out 'Yhat protection,if any, can be mvoked from the Federal or State author1hes against the aggressions of a ban<l; ofth!e':es and rustlers who are operating in the Neutral Strip. The state of affarrs e::osting along the northern border ·of Texas, as reported by him is most peculiar an~ deplorable. ~ttle _which drift across the J ine into the St~ip are killed for theu hides or a ch01ce piece of steak by the rustlers and their car- casses are strewn thick upon the prairies like those of the buffa'lo some years ago. 

The offenders are well known, but the Strip being absolutely without law n.nd_under the jurisdiction of neither the Slate nor Federal Government, they are msolent and defiant. A few days ago one of them in response to a warn- ing to cease his misuoings, sent word to the cattlemen that thev ought to arrest him if they could. The cattlemen along the border are very much worked up over the situation, and say that unless Congress does something speedily they will be compelled to take the Jaw into their own hands. The only form of a. court existing in the Strip is a vigilance committee, which seems utterly power- less to cope with the lawless clements, which, on account of the shelter it offers to criminals, have flocked in there from all quarters. Murders are almost o! daily occurrence, and the murderer, if ho is a. dangerous character and has friends, goes scot free. · The report of a honible tragedy comes through some stockmen who drove to market throu~h the Stl"ip a short time ago. Five men killed a. boy, a sheepherder, who, 1t seem.s, was suspected of stealing sheep. They demonstrated to the satisfaction oft.he vigilance committee that the deed was done in self-de- fense, and after an acquittal lynched two men and a woman, the father and mother of the boy and a. party living with them. A few weeks ago a. man who had established a. claim and built a dug-out made a trip out of the Strip, and on returning found an occupant in his dug-out who refused to give it up. Anal- te:cation ensued, the result of which was that the usurping occupant wn.s killed. H1s slayer retreated to the dug-out of a friend, and when the vigilance commit- tee came after him was so well intrenched that they ha.d to retreat without. him. These are specimen cases of crimes which are of ordinary occurrence. The reports which reach the press from the Strip are few and meager, n.nd thus the public has been left in the dark as tQ the actual condition of a.tfuirs. Settlers are tilling it up very fast, and with the assistance of the Federal author- ities theywouldsoonbeableto rid it of the rustlers. The law-abiding elements are looking anxiously forward to some action by Congress at its present term. If they should be disappointed there is a strong probability that the early days of California will be revived by concerted action of the law-abiding elements. 

Mr. LANHAU.· A. dispatch published recently in the Dallas News 

contains this statement: · 

The governor has. letters from the Pan Handle complaining that desperate thieves and robbers from No 1\Ian's Land are coming down into the border Texas counties and stealing stock. Owing to their numbers and the sparse population of the Texas counties, they are able to get off with their plunder to market. A company of rangers is asked for to protect the settlers, but at pre~ en t 

the governor can not spare a. company for that distant service. 

Only a few days ago I received a letter from T. J. Fagan, the county 

attorney' of Lipscomb County, Texas, from which I will read the following extracts: 

We of this county areboundedonthenorthbyNo:M:an'sLand and on the east by the Territo'ry. .:pepredations of every character are almost of daily occur- rence, and the Stn.te officers are powerless to prevent them. Only this morning 

(September 17) a. poor man called to see me whose son bad been foully shot dowu and killed in the Htrip. Of course I could do nothing for him. * * * Horses and cattle are taken from our citizens daily. 

Mr. Speaker, I have produced these statements and letters to emphasize the necessity of having some character of criminal jurisdiction en- forced within thisTerritory. Somethingmustbedone. Itismauifest 

to every one who has given any attention to the situation that there is no possibility of passing the Oklahoma bill at this session of Congress. 

These murders and depredations are of daily occurrence. What objection can there be, then, to giving to these people the relief which they so much need and for which they constantly appeal? 

Here is a large territory where the people who inhabit it have neither 

the restraints nor the protection of any laws, State or Federal. The people themselves of this region, as well as the citizens of adjoining 

States; need that some authoritative jurisdiction should be asserted- some power ought to be competent to punish the crimes committed in 

this territory-and there ought to be something done whereby criminal 

proces.<; can reach those offenders who violate the l:nvs in Kansas or Texas and take refuge in this lawless country. Depredations of every 

character, it seems, are being perpetrated both within and without this 

neutral strip, and the offenders can bid defiance to any jurisdiction. If 

these conditions continue the worst of consequences may obtain. 
.: 

1888. CONGRESSIONAL RECORD-· .HOUSE. 91.47 

Invasion and retaliation will be the only resources left to those who are being despoiled of their property, and any good people who may 

reside in this territory will inevitably feel the terrible effects of such a course. · A reign of terror will ensue, and the life and property of no man will be safe. In the presence of such an urgent demand for 

the force and authority of the criminal law it is but a poor answer to a suffering people at. this juncture to bid them wait for the organization of the Territory of Oklahoma. 

As before stated, it is not material as to where jurisdiction may be 

lodged-whether in Kan&'l.S, ColoradoJ or Texas; it may not be specially 

important just now as t{) the adoption of any particular system of land 

laws for ''No Man's Land." That may be deferred for a future time. 

But it is of the highest importance that the lives and property of the 

people should be preserved, spoliation and bloodshed avoided, and the 

wholesome exercise of the criminal laws. enforced; and the sooner this 

' is done the better. 

I am not actuated in these remarks by a spirit of antagonism to the 

Oklahoma bill, but because I am convinced of the necessity for speedy 

action. The measure proposed may be limited to p~poses of temporary relief, and in no way obstruct the future policy of Congress as to 

the organization of Oklahoma Territory. The committee on confer- ence can abandon that feature of the Senate amendment which treats 

ofthe "privilegesand benefitsofthe land laws," andconfi.neits operation alone to the extension of criminal jurisdiction over this Territory as a measure of temporary relief. Mr: BURNES. Inowyieldfive minutes to the genUemanfrom Colorado [Mr. SYMES]. 

M:r. SYMES. Mr. Speaker, it is a very unfortunate thing for many 

people in that part of the country, as well as for the peQple at large, 

that the Oklahoma bill did not becorp.e a law at thiR session of Congress. However, it can not now become a law, and the responsibility 

for its failure rests with the gentlemen who saw fit to demand a quo- rum when it was impossible to get one here during the long and tedi- ous course ofthe present session. !~have gone as faras any gentleman 

in the endeavor to pass that bill, because in all its provisions it is one of the best and most i.n;lportant measures for the people that has come before Congress for years. Nevertheless, sir, I now face the fad that 

it can not become a law at this session, and we find in this strip ofland, 

140 miles long and 30-odd miles wide (the peculiar character of which 

I have described to the House on different occasions during the last 

three years) a crying necessity for some law. 

The people there are without law or order. :M:urders are commUted 

npon the border of my State of Colorado and upon the border of the • State and the district of the gentleman from Kansas [Mr. PETERS], and 

there is no law to punish the murderers. The question is, what shall 

be done in the interim between this time and the meeting of the regular session of Congress in December, when we shall have a quorum and 

when we can pass the Oklahoma bill? Shall murder run riot? Shall 

horse-stealing continue to be t.he ''business," as some claim it is now, 

of 10 per cent. of the people in that regi,on, and shall there be no au- thority to punish that or other crimes? I trust that state of things is 

not to continue. I would object and demand a quorum before I would 

allow any .amendment to the deficiency bill to go through here which 

would extend the pre-emption law, or any other land laws, over No 

Man's Land, as is now proposed by the amendment sent here by the 

Senate; but the gentleman from Kansas [Mr. RYAN] has explained, 

and I have understood from other gentlemen concerned in the confer- ence report, that the Senate will not insist upon that. 

The question now is simply this: Shall we extend United Stat-es 

Federal .court jurisdiction over No Man's Land and attach it to Southwestern Kansas, for the purpose of punishing crime and resto~g .and 

preserving order in that territory until the next session of Congress? 

I will not take the responsibility of opposing such a proposition as that. 

I ad vocate and urge upon the House the importance of such a measure. I have received letter after letter on this subject; I have received reso- lutions on thi& subject; I am familiar with what has been read here by 

gentlemen whg have preceded me; but I will not weary the House by 

going over the details. It has become a notorious fact, familiar to all 

of us, that murder, horse-stealing, and other crimes have come to be 

the order of the day there, and we ought to extend some cour.t jurisdiction over that region until we meet in the next session of Congress, 

when the Oklahoma bill can become a law. 

.Mr. Speaker, in closing, let me repeat what I have previously said 

upon this floor, that this strip of territory called No Man's l4ud, with 

all its lawlessness, is about as free from crime as that portion of the 

so-called Indian Territory over which we have been trying to extend 

the Oklahoma bill, carrying with it civil law and government. We 

have been violating, ever since the treaty with the Indians in 1866, an express provision of that treaty which guarantied our extending court 

jurisdiction over that benighted country for the protection of the native 

Indians, the half-breeds, and the white men. 

Crimes have been common for years in that part of the Indian .Territory known as the Cherokee Strip, the Oklahoma country, and ·other 

portions outside of the five civilized tribes. Warrants are issued and 

the marshal and his posse from the western district of Arkansas go to 

make arrests. The officers are often resisted, and additional murders 

committed before the arrests can be effected. The expense to the 

United States is enormous. This trouble will continue until local government and local courts are organized in th;:~.t comitry. It is to be 

hoped another session of Congress will not pass without such legislation. . Mr. BURNES. I yield ten minutes to the gentleman from 1\Iississippi [Mr. HooKER]. . :Mr. HOOKER. .Mr. Speaker, I have not been ~ble to see any rea- sons why the laws of the United States should not be extended over this No Man's Land as proposed in the amendment reported by the 

conference committee. I have heard a great deal about men being 

very much in love with other people's land and desiring to acquire it, 

but there seem to be more people in love with this No Man's Land 

than I have ever heard of as being in love with anybody's land. 

[Laughter.] 

Now, I can not conceive why any one can possibly object to extending over that region the jurisdiction of the -laws of the lfnited States 

for the punishment of crime and the regulation of ci vil1·ights. I had 

hoped that probably there might be a very happy solution of the difficulties arising with regard to ·No :l!Ian's Land (which seems to produce so much trouble) by an equitable division ofthisterritorybetween the 

States of Kansas, Colorado, and Texas; and we might give Arkansas a small strip of it if the gentleman from Arkansas [Mr. DuNN] does not 

object. 

Mr. DUNN. Your friends, the Indians, stand between us and 1hat 

land. 

:Mr. HOOKER. And I hope they will always so stand. 

1'11r. SYMES. As the sole Representative from the State of Colorado, 

I wish to say that we do not desire any portion of No blan's Land. 

We are generous, and are willing it should be given to the poor people 

who choose to go West as pioneers. 

Mr. HOOKER. Some gentlemen insist tha.t we ought not to extend over this territory the jurisdiction of the laws of the United States 

for the punishment of crime. Why? Because they want the Territory of Oklahoma established ! That is a singular reason for not agreeing to the report of this committee. Because you can not make a Territory of it you object to exten-ding the laws of the United States o"9"er 

this strip of land which now has ot the benefit of those laws ! 

Why, sir, this strip of land would make a yery queer looking Territory-a Territory 30 miles wide and 148 miles long! This strip of 

Iand is to be organized into a Territory and then into a State; for I 

take it for granted, if it ever be made a State, it will not include any more land than what is now called No l\fan's Land. I believe that a better disposition of it would probably be to cu~ it up and attach it to 

the coterminous States, .extending over it the laws of those States re- spectively, as well as the laws of the United States. But ifthatis not 

agreeable to gentlemen here, there certainly can be no objection to 

extending over that territory the laws of the United States for the 

punishment of crime. If there exists there all the crime that is stated, 

and if the character of the population is such as it is said to be. there 

should be no objection to extending over that territory the laws of the 

United States for the punishment of crime as proposed in the report of 

the conference committee. 

But, Mr. Speaker, what sanctity invests No Man's Land, and what reason istherethatwhile you maymake·anorganized Territory of it, you can not extend to it the land laws of the United States-the homestead 

law and the pre-emption law? Is there any such sanctity attaching 

to this region that the laws which apply to other lands of the United 

States should not be applied there? No Man's L'tnd is spoken of as a Territory. It is not a Territory yet; it is nothing; it is no man's land; 

it is a nonentity; you can not designate it as a Territory. What is 

there so sacred about this No Man's Land that the land laws of the 

United States should not be extended .over-it, or that the instruments 

of the surveyor.can not be put upon it to determine what it is and what are its boundaries? What is there so sae1·ed about it that citizens ot 

the United States should not be permitted to establish homesteads 

thereL when the Government of the United States has surveyed the 

land? I am not aware that there is anything peculiar about this No 

Man's Land distinguishing it from other lands of the United States; 

and I can not understand why the land laws of the United States should 

not apply there. 

I have no objection to the proposition as it'oomes from this committee; but if it be deemed objectionable, it certainly can not be objectionable simply to extend over this region of country the laws of the 

United States for the punishment of crime, for the security of life, liberty, and property. 

As to the Oklahoma bill, which gentlemen say they are going to pass, 

it has not passed yet. It may pass at the next session beginning in 

December, but it must go through other ordeals than this House before it can become the law of the land. It must stand the test of examination in the other branch ()f the legislative department; and then 

it must stand the scrutiny of the Chief Executive. So that even when 

you have a quorum, it does not follow that this measure is to become a law. I will say that I doubt very much the wisdom of passing any measures which are to become laws of this country without the pres- ence .of a quorum. If the requirement of the Constitution making .Po 
9148 CONGRESSIONAL RECORD-HOUSE. OCTOBER 3, 

majority oi the whoie body necessary for a quorum be wrong, change I by the Oklahoma bill, shall go through this House without a quorum 

it; but so long as that provision exists, it is to my mind exceedingly to carry it through; and every argument made here in favor of this 

questionable whether any law should go upon the statute-book which measure is tenfold stronger for local government for these people livina 

has not received the sanction of at least a quorum as now called for by th .. re and on that teuitory; and I serve notice now upon all who may 

the terms of the Constitution and the organization of this House. be interested in this measure that it can not pass until there is a But I can see no objection to the proposition as it comes from the. q uorum to pa s it. 

conference committee extending the criminal laws ofthe United States Mr. BURNES. I now yield one minute-to the gentleman from Kan0\·er this region of country; and I understand that gentlemen on the sas [Mr. PETERS]. 

other side agree with me in this particular. I think that our confen:e.<1 ,if l\1r. PETEHS. Mr. Speaker, a few moments ago I made a reply to thi~ matter should go back for reconsid eration in conference, ought to the gentleman from Missouri [Mr. MANSUR], as I understood his quesbe instructed to agree to the proposition to extend at least the criminal tion. In the course of the discussion I understood him to ask me when 

laws of the United States over this region. For myself, I do not see I had been in my district. I answered "last week." I am now inany pa rticular reason why the l and laws of the United States-the formed that his question was when I bad been in No Man's Land. I 

homestead. and pre-eruption laws-should not apply there, giving pref- misunderstood his question, therefore, I desire to make this correction. 

en·ne;e., if you choose. to persons who have already located land in ac- Mr. BUH.NES. I am quite satisfied, Mr. Speaker, that farther disconlance with those laws. cussion on this item would be a useless consumption of time in view 

If there be bona fide settlers to any extent give them that prefer- of the assurances of gentlemrn of known character and integrity as to 

ence if they have a right to it. I see no reason why the land laws of their views upon it, and I will therefore pass trom it and call attention 

the United tltates should not apply t;<> this nondescript territory as-they to the next provision, which is amendment numbered 41. This is a 

do to the defined and surveyed boanda.ries of other Territories. This proposition to appropriate $2,500 to employ a certain counsel in the case 

is all I desire to say. of l:3amuel Strong, I believe, against the District of Columbia. The 

Mr. BUH.NES. I yield now for ten minutes to the gentleman from conferees have not agreed with regard to it, simply because they could 

Arkansas [Mr. DuNN]. not understand exactly what they should do, but probably mainly be1 Mr. DONN. 1\ir. Speaker, I do not desire to use the whole ten ruin- cause of certain public a~urances which were given by the conferees 

utes. I am satisfied I have very fixed and stubborn objections to this to the distinguished gentleman from New York [Mr. SPINOLA.] For 

am·endment, because, first, upon the excellent ground upon which the the purpose, therefore, of redeeming the promises and assurances made 

objection was placed by the gentleman from Missouri [.Mr. BURNEs] to him, as we bad to report a ·disagreement anyway, we have therefore 

in charge of the bill, it conies as an amendment to an appropriation brought that provision back as a subject of di&;lgreement, although I 

bill when it contains no appropriation, but is legislation pure and sim- think, in tact I know; that the conferees on the part of the House and 

ple in violation of the established rules of both Houses. Those of us Senate· could have agreed upon a proper settlement of the amendment. 

who have betJn in Congr~ss long ha-ve seen the vicious results of legis- But., 1or the purpose of giving the gentleman from New York an opporlation on appropriation bills, and in every case we have beard it justi- tunity of explaining his position and views upon the subject, it is here 

fi ed on the plea of emer~ency. on a disagreement, and I yield to him now so much time as he may 

This Public Land Strip has been there in the same place it is now ever desire. 

since 1846; eve:r since it was wrested f1·om Mexico. The surrounding .Mr. SPINOLA. Mr. Speaker, when this bili was before the House 

States have not been terrorized by the inb~bitants who live upon it. the gentleman from Maryland submitted an amendment, which the 

They must be a wonderfully orderly people for self·government. They Senate has added to the bill. The House, by an overwhelming vote, 

have not attracted the attention of the country by the enormity of their alter a full discussion of the question on its merits, rejected the propocrimes. !:!ition for two reasons; one based upon the facts of the case, and the 

Mr. SYMES. Will the gentleman allow me there? other that it was new legislation, and hence it was ruled out. 

Mr. DUNN. No; I can not yield. The complaint made by the gen- This is new legislation upon this bill, incorporated by the Senate. 

tleman from Kansas (Mr. PETERS] is that a p:~.rty of Kansas citizens The facts of the case are t.hese: Samuel Strong had a claim against the 

went Q.own there fleeing from the fury of their neighbors, and that their Dititrict of Columbia, arising from work performed and material furneighbors followed them and kilJed them. He then says these people nished in making certain improvements tor the District. The claim · 

·go up into Kansas and commit crimes up there. I want to know if the was a very large one. Work bad been performed by him under con- extension of the laws of the United States over the Public Land Strip tracts, some twelve or thirteen in number, between the Distric~t and 

can give jurisdiction to try people for offenses committed in Kansas and Mr. Strong, under the provisions of which-he was to receive his com- Texas ? Now, the laws of the States are ample tor this purpose. It is pensation in the current money of the United States: and it w~ also 

in violation of the wishes ofthe people who live on this Strip, who are provided in the contracts that Mr. Strong should pay the men employed 

entitled to their own local government. by him in the same kind of money. . Mr. PETERS. Will the gentleman allow me to ask him a question? Mr. Strong did it, but the District of Columbia never paid him one 

Mr. DUNN. No, I can not yield. It places them under the juris- solitary dollar in the current money of the United States. On the condiction of a Temote court, some one told me probably 3UO miles dis- trary, it forced him to accept in lieu thereof certain certificates issued 

taut from them. The expense of administering the laws will be ex- by the District, against which be protested, but be was compelled to 

traordinarily great and extraordinarily precarious. People from the accept t,hem in order to try to relieve his nece1 sities, be having exTerritory will be arrested and dragged this great distance to be tried pemted all of his own available money in the prosecution of the conbefore a jury of some other yicinage and not that of the offense. It tracts up to that time. These certificates were hypothecated in the 

violates the whole spirit and genius of our Government, of local self banks of this city, and the commissioners of the District of Columbia 

government, of autonomy for the Territories and for the States. _It pled~ed the_ir honor as '?ffidals and men that when the paper became 

gives the people about the Kansas land office a chance to make one dnA tor wh1ch the certificates were pledged they would take up the 

universal grab of all the lands before the people of the Territory will be paper and redeem the certificates. They never took the paper up. 

apprised ot the fact they a~e in a land district. The certificates were sold at 45 and 50 cents on the dollar, and that is 

We all know, who have been at all intimately connected with the the only compensation Mr. Strong ever received for the vast amount of 

management of the Oklahoma bill, that this scare bas all sprung up work performed and material furnished. ' 

since that bill came up. If the complaint urged by gentlemen in the The rase went into the courts, and on four different contests Mr. 

surrounding States could be considered as retributive justice pursuing Strong beat the District every time, never once losing a suit-three 

those who have deft'ated the passage of the Oklahoma bill, then the times in the courts of law and once before a relerence composed of three 

gentleman from Mississippi [.Mr. HooKER] and his friends would have referees. But each time by some technicality the District, by its repmy profound sympathy. They are vials ot wrath laid up for them resentatives, bad the findings or verdicts set aside, throwin~ the case 

against the day of judgment. back; and it bas been lingering in this way for some fifteen years, unMr. HOOKER. Pour them out. [Laughter. J • til Mr. Strong has reached the age of eighty years. This Congress passed 

l\.Jr. DUNN. We all know there is one element greater and stronger a joint resolution providing for the appointment of three arbitrators to 

and more powerful than all others in defeating the passage of·the Okla- settle the question and to determine what, if anything, wa~ due to him, 

hom a bill, and that is the great cattle syndicates of Texas who are graz- and if anything, to provide the money to pay him, or if nothing was 

ing their cat1lle upon the Cherokee Strip. due him to let the fact be known. The President approved that bill 

Mr. LANHA.I'!:I rose. and ~j>ppointed the arbitrators, and the District, through its attorney, 

Mr. DUNN. I do not yield. They are there. They are the ene- applied to this House for an additional appropriation of$2,500 to demies of the Oklahoma bill. They do not want the people there. These tend or protect the District before the arbitrators. 

cattle-grazing contracts and leases ar~ now expiring, and it i~ all·im- Now, sir, i.he law as it stands to·d~y, provides so~e $,10,000_or ~12,­

pol'tant to defeat the passage of the Oklahoma bill. I am told the Sec- 000 for the support of that branch o~ the govern men~ of _the D1stnct of r etary oftbe Interior has notified Chief Mayes; of the Cherokee Nation, Columbia, that is to say, the legal s1de of it. The dtstnct attorney _of 

to make no more contracts or leases, and that if he does they will not this city and his assistants are the proper persons to protect the DISbe respected, and that those who undertake to lease those lands may trict in an snits of this character. But since the appropriation was expect loral government will be organized tor that Territory. mafle·the arbitrators have met and the District was r epresented by its · Now, :M:r. Speaker, I desire to say here, and I mean it all, that no attorney, and it took a much shorter time than was anticipated. After 

- ex}'ledient of this kind1 after the :filibustering experience encountered sitting for five-days the court adjourned, both sides being fully hea,rd, 

·
1888 CONGRESSIONAL RECORD-HOUSE. 9149 

and heard on the side of the District of Columbia by its regular and 

legally constittlted representa?ve, the district ·attorney for this District. _ . 

Therefore there is no use at this present time of including an appropriation in any bill to pay for any extra counsel in connection with 

that case. It is a subject that certain gentlemen of this city have 

availed themselves of for the last fourteen or fifteen years, and on which 

they would apply to Congress for a special appropriation to test the 

case of Mr. Strong, and, as the figures will show, some thousands of 

dollars have been spent in that connection. Now, the case is closed for 

the present with leave to file briefs on both sides with the referee, and 

there is no longer any necessity for this appropriation. 

:Mr. RYAN. May I ask whether the award is. to be final? If it is 

final, it terminates the whole question. 

Mr. SPINOLA. If anything is coming to him, which is undoubtedly the case, the referees will say what it is to be. 

M:r. RYAN. The right of appeal does not exist. 

Mr. SPINOLA. No, sir. Therefore I would suggest the propriety 

of not taking up the time of the House with this, and the conferees 

on the part of the House should be requested to suggest to the Senate 

the propriety of striking out this item. It is only a small one, but 

small ones nevertheless grow larger. 

Mr. BORNE". The conferees on the part of the SenateandHouse1 

it is due I should say, have been consideralrly exercised over this matter. This litigation between the District of Columbia and Mr. Stron~, 

or rather by Air. Strong against the District of Columbia, bas been 

running on here: as alleged, for fifteen years in civil suits, one of which 

lasted here about three months. · 

Mr. SPINOLA. For eventy-nine working days. 

Mr. BURNES. I<'or seventy-nine working days, as stated by the gentleman from New York. While the case was in that condition and 

while the counsel for the District or Columbia were confident that they 

were in the right, as we are advised, a resolution passed through the 

Senate providing for an extraordinary tribunal for the termination of 

this lawsuit. The resolution declared that this litigation should be 

taken out of court, taken away from the right of appeal to the Supreme 

Court, and committed to arbitrators to be appointed by the President 

of the United States. This resolution, thus passed through the Senat , 

was passed in some way through the House. 

1 doubt if any gentleman present can recollect the circumstances of 

its passage. Nevertheless it became law. · A week or ten days ago the 

arbitrators were appointed; but before they were appointed the conferees in conference regarded the situation as somewhat grave and 

serious, and concluded that the attorney who had made this case his 

special study and who had been in it from the commencement should 

be retained-what his name is I do not now remember. The District 

commissioners thought so. We thought so. We thought the best we 

could do ill defense of the rights of the District . of Columbia was at 

least to appropriate a suitable sum to employ the attorney who of all 

others was best qualified to try the case before the arbitrators. Before 

we had reached any determination the· distinguished gentleman from 

New York [1\Ir. SPL."OLA] informed us that the arbitrators bad met, 

heard the case, and adjourned, and had directed briefs to be forwarded 

to them. 

Now, that is the situation. The amount involved is generally believed 

to be a half million dollars. .A claim amounting to half a million of 

dollars that has been in the court for fifteen years is, it is said, thus unceremoniously and speedily disposed of, without the aid and assistance, 

so farM the District is concerned, oftbe attorney who knows most about 

it. Notwithstanding its adjournment and notwithstanding what my 

friend from New York says, I think that this lawyer ought to be retained, and that he ought to pursue these arbitrators: if necessary, to 

their homes, either individually or collectively, and get before them 

the rights of the District of Columbia as against the plaintiff, Mr. 

Strong. 

Mr. ROGERS. Will the gentleman tell me what he means by the 

arbitrators adjourning? 

Mr. BURNES. I hll.vejust stated what the gentleman from New 

York [Mr. SPINOLA] has said on that subje.ct.. I know nothing in the 

world in regard to it except what the gentleman has stated. I nuderstand from the gentleman from New York that these arbitrators, appointRd probably a week or ten days ago, have already had a meeting 

in the city, have had before them some one representing the city and 

some one representing Mr. Strong; that they have had some sort of 

hearing and have adjourned, gone to their homes, and requested those 

having briefs to file to send them to them at their homes. 

Mr. ROGERS. .A board of arbitration is simply a court, 'and until 

the award is made and the board of arbitration is dissolved there is no 

reason why briefs can not be presented or any other matter pertinent to 

the matter under arbitration, and the fact that they have adjourned and 

gone home can not cut the Government out from a hearing. 

Mr. BURNES. I think not; and for that reason I suggest that this 

provision ought to be made. I hope my friend from New York [Mr. 

SPINOLA] will be perfectly willing, in that spirit of fairness which bas 

always characterized him1 to allow this provision to be made for the 

payment of this lawyer, who is the only one thoroughly acquainted 

with the case. I trust he will interpose no opposition. If this provision is not made I have information which leads me to believe that the 

conferees on both sides will agree to report a provision repealing the 

joint resolution creating this board of arbitration. 

M:r. SPINOLA. Mr. Speaker, in order that the gentleman from Mic;-

souri and the Honse may understand the po5ition of this question. I 

will state that it was no momentary hearing that was had before the 

arbitrators. It took one day to arrange the manner in which the case 

should be presented, and, after that was done, two days were allowed 

to each side. Each side occupied its full two days, and there is no other 

gentleman in the District of Columbia so well qualified, in my judg~ 

ment, to handle the case on that side as was the assistant District attorney who appeared there on behalf of the District. He had his full 

two days, and the other side had their two days, and they have agreed 

now to submit their briefs to the arbitrators, who will take them up, 

together with all the .evidence and all the law governing the case, and 

examine them at their homes, and then return here to give their decision. There was no extra counsel called in. There was no extra 

counsel retained. 

The gentleman referred to by my friend from Missouri [Mr. BURNES] 

(I think Miller is his name) had been retained by the District of Columbiaand bad drawn annually a certain amount of money for appearing in this case; but whenever he appeared the assistant Districtattor~ 

ney appeared also, and was as familiar with the law and the facts in 

the case as any human being could be with any question of that char~ 

acter; and, in my judgment, no man could have presented the case of 

the District more ably than did Mr. Davis, the assistant District attor· 

ney. Therefore there is no lon~er an.v necessity for this item remaining in the bill. If there was any necessity I would withdraw my objection to it. Who is to receive this money if it is appropriated? We 

shall simply put it in here to be raided upon in the future and probably 

drawn from the Treasury upon some pretext or other. 

The amount is only $2,500, and I have no p~rticular objection to it 

if the House is willing to let it go in, but I do not see any occasion for 

it. Mr. Strong was thrown out of court four times. The long trial 

referred to by the gentleman from Missouri [Mr. BuRNES] lasted seventy-nine working days, and then the judge took the case from the 

jury upon the gr-ound that the contracts were nnll and void from the 

13.ct that there was no appropriation made for their execution at thetime they were created. The case was appealed to the court in bane, 

who unanimously reversed the judgment below. Subsequently there 

was another trial, extending through three weeks, and the court above 

set the verdict aside upon the ground that the trial jud~e was drunk 

when be charged the jury, notwithstanding the fact t.hat the whole 

twelve jnrors made affidavit that they bad never seen him intoxicated 

upon the bench. 

But the object of the whole proceeding was to keep this man out of 

his money. There was a determination that he should never receive 

a penny of what was due him, notwithstanding the fact that he had 

sacrificed his entire fortune in the performance of these contracts and 

had never drawn a solitary dollar in money from them. 

Again, when the three referees heard the case, the hearing occupied 

eighteen months, and when they rendered a verdict in favor of Mr. 

Strong, that was set a,.-.ide upon the ground that they bad not allowed 

the full face value of the certificates of the District of Columbia. Mr. 

Strong had been forced to take those certificates, and the referees gave 

the District credit for what the certificates sold for under the hammer, 

45 cents on the dollar; but the court set aside the finding upon the 

eround that the referees should have allowed the full face value of the 

cei·tificates. 

The same thing is required by this arbitration, and by that meaiis 

this man will lose $100,000. He received about $200,000 in certificates, but he did not realize more than about $45,000 ·from them. 

These are the facts. If the Senate think that by any threat on their 

part to repeal this arbitration they can compel the passage of this 

amendment, I will sa.y to them now that they will not pass this bill this 

session unless they have a quorum here. I, for one, have had enough 

dictation from that end of the Capitol. They have made interpolations into bills here time after time. 

Into one bill in reference to guns and fortifications they undertook 

to graft somethin~ which no man here fought with more determination than did my friend from Missouri [Mr. BURNES]. Now, sir, I am 

perfectly willing that justice shall be done in this matter, and that is 

all that we have asked for. I have known Mr. Strong from boyhood. 

He is from my own State. I can recollect him perfectly well for the 

last fifty years of my life, and a more honest and upright mechanic 

never trod the earth. He built the wmgs of this Capitol, and if yon 

.can find a better piece of work anywhere on the---face of the earth I 

should like to have it pointed out. No fault was ever found with his 

work under those contracts; they were approved and accepted at once. 

He bao never had a lawsuit against him in all his long life as a public 

builder, althou'gh be bas built some of the finest structures in this 

country. But in this case there bas been a disposition and a determination on the p:1rt of the District of Columbia to rob him of what justly 

belon~ed to him. 

That determination has led to this controvru:sy. When the resoln· 
9150 CONGRESSIONAL RECORD-HOUSE. OCTOBER 3, 

tion was before this body the subject was fully discussed. The gentleman from illinois [Mr. PAYSON] and I debated it here for an hour and a half, and other gentlemen also took part in the discussion. It was discussed almost as ·fully as any ordinary bill that has come before ihe 

House for action at any time this session when I have been present. 

Therefore I do not se~ any necessity for making this appropriation; 

yet I shall not oppose it any further. If the committee think proper 

to put it in, let that be done, and we will take our chance of action on the subject hereafter. 

:Mr. BURNES. I now de ire to call up the amendment making n.n appropriation for Chinese ind'8mnity. 

The SPEAKER. Docs the gentlem:m desire to have the amendment read? 

Mr. BURNES. No, sir. I c:tll it up at the instance of the gentleman from California [Mr. 1\IcKESNA]-not that I care to have it con- sidered particularly, but to give him the opportunity to be heard 

upon it. ~Ir. UcKE~N A. ·What does the gentleman mean by saying that he 

does not care to have the amendment considered? 

M:r. BURNES. I mean that the conferees are practically agreed 

with regard to it; and unless some g~ntleman desires to show we are 

in error, and does it, we are likely to adhere to our action. 

:Mr. 1\IcKENN A. I do not think that this Honse will concur in that 

amendment; for with the evidence now before the House I can not 

conceiYe why it should do so. The question has not been considered or reported by any committee properly so called of this House. I know 

of no foundation for the presentation of this provision at this time, except possibly a line or two in the President's recent message on this 

subject. He sa.yt~: 

Therefore I recommend that, without acknowledging legal liability therefor, ba bc('ause it was tipalated in the treaty which has failed to take effect, and in a pirit of humanity befitting our nation, there be appropriated the sum of $276.619.75, payable to the Chine e minister at this capital on behalf of his Gov- ernment as full indemnity for all lo ses and injuries sustained by Chinese sub- jects iu the manner and under the circumstances mentioned. 

1\Ir. SAYERS. IIas not the gentleman some printed evidenc.e of an 

arbitration ofthis matter? 

Mr. McKENl"{A. An arbitration? 

Mr. SAYERS. I mean a consideration of the matter by the execu- tive branch of the Gm·ernment. 

:Mr . .McKENNA. I have not any evidence--

Mr. SAYERS. Have you not the document in your hand? 

Mr. l\IcKENNA. I really have some doubt to what the gentleman 

refers; I think there may be some misunderstanding. I have in my 

hancl Executive Docnment No. 272. 

hlr. SAYERS. That is what I mean; there is no misunderstanding 

between us. lHr. McKE~NA. This is a statement of claims submitted by the 

Chinese minister, I suppose, to Mr. Bayard, Secretary of State. It is 

entirely ex parte; it comes entirely from Chinese s.ources. This matter 

may have been investigated by Mr. B'ayard; as to that I can not speak. 

It was recommended to be paid in the treaty recently negotiated, and 

the treaty contained a stipulation that this payment should be in full 

indemnity of all demands. But, Mr. Speaker, that treaty has been 

rejected by the Chinese Government, hence the clause providing that 

this payment shall be in full indemnity for- all demands is not obligatory on their r-:.rrt.. • It may be said that if we appropriate this money and it be accepted 

the Chinese Government would accept it upon the terms in which we appropriate it. But there is no necessity yet of appropriating it. In 

the Forty-ninth Congress, Mr. Speaker, there was a recommendation 

to pay $147,000 u.s indemnity for what was called the Rock Springs ma sacre in Wyoming Territory. It was then declared that there was no legal or m-oral obligation on the part of this Government to pay that 

money, and it was also distinctly declared the payment should not become a precedent. In opposition to that measure I took occasion to 

say in substance that if its passage was a good precedent it ought to be 

f-ollowed, and if a bad precedent it w~ sure to be followed. Sir, we now have it followed. Was it a good precedent or a bad precedent? 

The same. declaration accompanies this recommendation-that it must 

not become a precedent; that this payment is made not because weare under any legal obligation to make it, but simply because it is befitting the nation that. we should do so. This declaration that it is befitting the nation to puy this money is one of strong appeal to all of us. :But, Ur. Speaker, I do not exactly know where we are going to stop. 

It has been declared to-day on the floor of this House by the gentleman from Kansas [1\Ir. PETERS J that a group of men went down into 

No Man's Land, followed by another crowd of men, .and that some 

were killed. Would it be proper for us upon an appropriation bill to 

make provision for paying the heirs of those persons killed in No Man's 

Land, over which no court has jru·isdiction, and over which this Government declines to extend its criminal statutes? 

Where are we to stop? It was said in the last Congress tliat we should 

stop with the action then taken. We now find this claim of $276,000 

presented in this Congress. Is there-to be another such claim in the 

next Congress? 

I think, Mr. Speaker, we ought at least to wait a little while. This 

Chinese matter is not yet settled. It has advanced far, and I am sure is going to advance further; but there·is a great deal yet to be done. 

The bill known as the ''Scott bill 11 which we passed, which was also 

passed by the Senate and approved by the President, is no comolete 

settlement of this question. That legislation possibly fails with the act 

to which it was amendatory, which expires in about four years. Hence, 

that is but a temporary measure. It may he that further negotiations 

will be undertaken; and it is certain that further legislation will be 

enacted, becau e further legi lation is necessary. 

Now, ?!Ir. Speaker, as there is no legal obligation on our part to pay 

this money, as the Chinese Government, without any excuse whatever, 

according to the message of the President, has refused to ratify a treaty, some clauses of which they propo ed themselves, and which, as the 

President in substance says, they gave us to understand would be satisfactory to them-as this clause of indemnity was embraced in that 

treaty, and they have voluntarily rejected the treaty, I do not think 

they have any claim upon us which should induce this Government to 

make baste to grant this appropdation for the indemnity of Chinamen 

who are supposed to have suffered in the remoter sections of this conntry. 

I have no desire to obstruct any measure by what are called dilatory 

tactics, by insisting upon a quorum,. as I could do; for, Mr. Speaker, 

I do not believe in that scyle of action except in very extreme cases. I 

assume that members who are now present are fai:t:ly representative of 

the sentiment of this Honse; and I therefore assume that what commends itself to their judgment would commencl itself to thejudgment 

of a full House; that the Honse and country would be satisfied with 

their action. Hence I shall submit the qu~~n to the Hou e, deficient 

in numbers as it is, on the statement, and if they choose to pass this 

appropriation, or rather concur in this amendment, if they ha>e the 

power to do it, tliey must ta.ke the responsibility of doing it. 

Mr. BURNES. The next proposition will extend beyond 5 o clock, 

and therefore with a single remark on this Chinese amendment I think 

I shall move an adjournment. The conferees were not inclined to make 

this appropriation until the receipt of the President's message, but after 

the suggestion of the President and the further sugge-stion on the part 

of the State Department both sides agreed to the amendment. We 

would like to have the opinion and the judgment of the House, as I am sure neither side is quite clear or decided whether this appropriation 

should now be made or not. 

It will be remembered in the treaty just rejected by China there was a provision which, while it denied the validity of the claims, contained 

a; proposition to pay them $276,27<1. The rejection of that treaty by 

China leaves the subject of this payment a liability denied by suggestion, in the treaty, but appropriated forr notwithstanding the rejection 

of the treaty. We have agreed to this appropriation. Hut ""e ask the 

judgment of the House. We are desirous of knowing the extent of the 

objection to this appropriation. I now moYe the Honse ad~ourn. 

The motion was agreed to; aud accordingly (at 4 o'clock ::mel 35 minutes p. m.) the House adjourned. 

PRIVATE BILLS INTRODUCED .A ·o REFER'llED. 

Under the rule private bllls of the following titles were introduced 

and referred as indicated below: 

By Mr. T. J. CAMPBELL, of New York: A bill (H. R. 1154i) granting an honorable discharge to Charles Dyer-to the Committee on Mili- · 

tary Affair . By Mr. GROSVENOR: A bill (H. R. 1154.8) gr:mtingapension to Eva 

M. Brown-to the Committee on Invalid Pension . Also, a bill (H. R. 11549) granting a pension to Stephen P. Collinsto the Committee on Invalid Pensions. 

Also, a bill (H. R.1155U) granting a pension to Alexander Wilsonto the Committee on Invalid Pensions. 

Also, a bill (H. R. 11551) granting a pen ion to Adam Darling-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R.11552) granting a pension to Catherine Tiitcheyto the Committee on Invalid Pensions. 

Also, a bill (H. R. 11553) granting a pension to Amand:ll A. Rileyto the Committee on Invalid Pensions. 

Also, a bill (H. R. 11554) p-anting a pension to Jane M. Cram-to 

the Committee on Invalid PensiOns. 

By Mr. HARMER:. A bill (H. R.l1555) granting a pension to John 

B. Wright-to the Committee on Invalid Pensions. 

By M:r. MAISH: A bill (H. R 11556) for the construction of a comprehensive system of under-ground wires for telegraph and telephone 

service to connect the several Departments and bureaus with the Capitol at Washington City-to the Committee on Appropriations. 

By Mr. McCREARY: A bill (H. R. 11557) wanting au in.creaseo.fpension to James McLaughlin-to the Committ c ou Inve!id Pensions. 

By Mr. MORRILL: A bill (II. R. 115: ) to i11crcase the pension of 

George A. Demander-to the Committee on Imn1id Pensions. By 1111' •. RUSK: A bill(H. R.11559) for the relief Of Jesse Williamsto the Select Committee on Indian Depredation Claims. 
1888. CONGRESSIONAL RECORD-SENATE. 9151 

PETITIONS, .ETC. 

The following petitions and. papers were laid on the Clerk's desk, 

under the rule, and referred as follows: 

By Mr. HARMER: Petition of citizens of the Fifth district of Pennsylvania, against the admission of Utah with polygamy-to the Committee on the Territories. · 

By 1\Ir. PERKINS: Evidence in support of the bill granting a pension to George D. I mel, of Kans~s-to the Committee on Invalid Pensions. 

By l'.Ir. R.OBERTSON: Petition of Levi Starn, East Feliciana Parish, 

Loui iana, for reference of his claim for stores and supplies used by 

the United States Army during late war to the Court of Claims-to the 

Committee on War Claims. 

By Mr. WHEELER: Petition of Urs. Cassa Simpson, of Lauderdale 

County, Alabama, for xeference of her claim to the Court of Claimsto the Committee on War Claims. 

SENATE. 

THURSDAY, October 4, 1888. 

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

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

PETITIONS AND MEMORIALS. 

Mr. CAI\IERO:N presented a petition of citizens of Apollo, Pa., praying for the repeal of that por:tion of the internal-revenue law which 

cia es druggists as wholesale liquor dealers; which was referred to 

the Committee on Finance. 

1\Ir. VANCE presented a memorial of W. L. Lassite and 57 others, 

citizens of Northampton County, North Carolina, praying for a certain 

amendmenttothe interstate commerce law; which was 1·eferred tothe 

Committee on Interstate Commerce. 

REPORTS OF co:~niiTTEES. 

Mr. CHANDLER, from the Select Committee on Indian Traders, to 

-whom were referred the following bills, reported them without amendment: 

A bill (S. 3582) to authorize the sale of timber on certain lands reserved for the use ofthe Chippewa. bands ofindians in the States of Wisconsin and ?!Iinnesota; and 

A bill (8. 3583) regulating the allotment of lands in severalty to Indians. Mr. SAWYER, from t}le Committee on Pensions, to whom was re- ferred the bill (S. 3529) granting a pension to Miss Elizabeth E. Tuttle, 

reported it with amendmen~, and submitted a report thereon. 

He also, from the same committee, to whom was referred the bill (H. 

R. 6334) for the relief of Isaac Rosh on: reported it without amendment, 

and submitted a report thereon. 

l\Ir. WALTHALL, from the Committee on Military Affairs, to whom 

was referred the bill (H. R. 483) for the relief of Elizabeth Jones, 

widow of John Jones, dece:ased, and to place the name of said John 

Jones on the muster-rolls of Company B, Second Regiment North Carolina Mounted Infantry, reported it with an amendment, and submitted 

a report thereon. · . Mr. PADDOCK, from the Committee on Pensions, to whom were referred the following bills, reported them severally without amendment, 

and submitted reports thereon: 

A bill (H. R. 9668) granting a pension to Joseph Rosier; 

A bill (H. R. 210) granting a pension to Ephraim Nye; 

A bill (H. R. 7) granting a pension to Thomas B. W~lsh; 

A bill {H. R. 308) granting a pension to John Lynn; 

A bill (H. R. 9178) granting ai)ension to Jane Jackson; 

A bill (H. R. 7683) granting increase of pension to Hugh Brady; and 

A bill (H. R. 9173) granting a pension to Mary J. Drake. 

Mr. JO:NES, of ArkanS3s, from the Committee on Indian Affairs, 

submitted a report to accompany the bill (S. 2407) to authorize the 

conveyance of ce12tain Absentee Shawnee Indian lands in Kansas, heretofore reported from that committee. 

CONDEMNED CANNON AND 8:\IALL-ARMS .. 

Mr. CA~fERON, from the Committee on Naval Affairs, xeported a 

bill (S. 3612) donating condemned cannon and small-arms to Naval 

Post No. 400, Grand Army of the Republic, Department of Pennsyl-

-vania, which was read twice by its title. 

Mr. CAUERO:N. I ask that the hill may be considered at this time. 

The PRESIDENT pro tempm·e. The bill will be read at length for 

mformation, subject to objection. . 

The Secretary read the bill. 

The PRESIDENT pt·o tempore. Is there objection to the present consideration of the bill? 

l\Ir. CULLOJ\f. I thought there were no cannon or anythin~ else 

of that kind to be given out. 

Ur. CAl\IERON. I have a letter from the Sec:retru:y of the Navy on the subject. I ask that the letter be read. 

Mr. CULLOM. I tried to get something of the kind through and 

failed. 

The PRESIDENT pro tempore. The letter will be read. 

The Secretary read as follows: 

NAVY DEPARTMENT, Washington, September 29, 1888. 

Sm: I have the honor to acknowledge the receipt of your communication of 

the 12th ~nstant, inclosing a letter and other papers from Mr. John F . .Mackie, 

Secretary of Naval Post No. 400, Grand Army of the Republic, c.f Philadelphia, 

in relation to obtaining condemned cannon and small-arms, for the purpose of 

decorating their hall, and requesting information npon the subject, and, if the 

object de ired can be accomplished by an act of Congress, that a bill to that effect 

be drn.ughted by the Department .. In reply I have t-o state that, from time to time, nnserviceable cannon and 

small-arms are deposited at the severo.lnaval stations for inspection, and, when 

condemned as useless for naval purposes, they are, under the provisions of ex- isting law, sold at public auction and the proceeds deposited in the Treasury. 

The sums so realized are small, and it would seem that the principal advantage to the Government by so disposing of the same is in preventing- an accumula--

tion and consequent care of such old material as has been found to be no longer 

of use in the naval service. I am, therefore, of opinion that the donation of the 

articles in question, for the purpose stated by Mr. Mackie, might very properly be authorized by Congress. · I transmit herewith, as requested by you, n draught of a bill providing for the 

donation of the arms mentioned by 1\Ir. Mackie, and retuYn his letter with its 

inclosures. 

Very respectfully, 

lion. j. D. CAliiEROY, 

United States Senate. 

D. B. HARMONY, 

Acting SeCJ·etary of the. Navy. 

The PRESIDENT pro umpo1'e. Is there objection to the present 

consideration of the bill? 

Mr. CULLOM. I think I must object to its pTesent consideration. 

Mr. CAMERON. Why does the Senator object? 

Mr. CULLOM. I want to see whether there can not be a general 

distribution of such cannon. 

The PRESIDENT pro tempo1·e. The bill will be placed on the Cal~ 

en dar. 

BILLS L.~TRODUCED. 

Mr. CAMERON introduced a bill (S. 3613) for the relief of the Standard Under-ground Cable Company of Pittsburgh, Pa..; which was read 

twice by its title, and referred to the Committee on Appropriations. 

Mr. :MANDERSON introduced a bill (S. 3614) granting an increase 

of pension to William H. Webster; which Wa."! read twice by its title, 

and referred to the Committee on Pensions. 

DR. jOHN B. READ. 

Ur. EDMUNDS submitted the following order; which was considered by unanimous consent, and agreed to: 

Ordered, That the Secretary return to the Honse of Representatives House enrolled bill To. 10633, entitled "An act for the relief of Dr. John B:Read," with 

the message that before the delivery of said enrolled bill to the Senat-e a motion 

bad been made in the Senate, pursuant to its rules, to reconsider the vote of the 

Senate passing said original bill, and the Senate had ordered that the House of 

Representatives be requested to return said original bill to the Senate. 

Jl.1r. EDMUNDS. I offer a resolution, and ask for its present con- sideration. 

The PRESIDENT pro tempore. The resolution will be xead. 

The Secretary read as follows: 

Resol1:ed, That the Secretary of War be, and he is hereby, directed to transmit to the Senate, as soon as possible, a copy of his letter and the report of the board 

provided fo? by a joint resolution of this present Congress, and transmitted bv 

him to the House of Representatives on the 4th day of june, 1888, on the subject 

of Dr. john B. Read's claim, together with all orders, correspondence, and papers occurring, made or had on the subject of the said Read's claim after the passage of said joint resolution. · 

By unanimous consent, the Senate proceeded to consider the resolution. 

?!Ir. IIA WLEY. I wish to say with regard to this matter wha.~ I 

think the Senator from Vermont knows pretty well, tkat the papers in 

the case have been several times called for, and all that we kno·w of 

can be found, I think, in the files of the Committee on .Military Affairs. 

1\Ir. EDMUNDS. I will state that under the joint resolution of 

June, I think it was, the Secretary of War was directed to report to 

Congress the findings of the military board that he should organize 

under that joint resolution, and all the evidence on that subject, to 

Congress. It appears that a communication of that 1..'ind was sent to 

Congress in the other branch on a date named in a report of a committee; and that communication was never printed. In endeavoring yesterday to find the papers to see what the communication of the Secretary of War was, I was informed that the letter of the Secretary ofWar 

f"e nt in pursuant to the joint resolution was in the hands of one of two 

gentlemen who \>ere named, members of the other House, and that 

they were both out of town. So what the Secretary of War said upon 

the subject it was impossible for me to ascertain. 

I did find in ihe committee of my friend from Connecticut what ap-

:r;ears to be ihe 1·eport of the board of officers organized by the Secretary • 

of \Var pursuant t'> the joint resolution; bnt I could not find any of the 

evidence which had been submitted. I thought, therefore, it was better, consitlering the i.q1portance of the principle of this case when we 

come to consider it-although the amount, I believe, is only $17,000-

that we should once for all get into the possession of this body the whole 

of the proceedings.