5158 CONGRESSIONAL RECORD. JUNE 18, 

H OUSE OF REPRESENTATIVES. 

THURSDAY, June 18, 1874. 

The House met at eleven o'clock a. m. Prayer by tho Chaplain, Rev. 

J . G. BUTLER, D. D. 

The Clerk procel3ded to read the Journal of yesterday; when, 

On motion of Mr. PARKER, of Missouri, the further r~ading was 

dispensed with. J.llfES HOWARD. 

:Mr. PARKER of :Missouri. ·I move that the rules be suspended 

and that a bill to remove the disabilities of James Howard, of Baltimore, :Maryland, be pas eel. . . . . . . . The bill was read. It removes all pohtiCal disabiht1es 1mposed 

upon James Howard, of Baltimore, Maryland, by the fourteenth 

amendment to the Constitution of the United States by reason of 

participation in the rebellion. _ The motion to suspend the rules was seconded; the rules were suspendeu, (two-thirds voting therefor,) and the bill (H. R. No. 3745) 

was passed. 

BURLINGTON AND :MISSOURI RIVER RAILROAD. 

Mr. HOLMAN. I de ire to offer a re olution a~king for information from one of the Departments, which I think will not require a 

suspension of the rules. 

The Clerk read as follows : 

Resolved That the Secretary of the Interior be, aml is hereby, llirect~d to trans- mit to th~ House copies of ail decisions, correspOJ?-donce, and ot;Jler p~p _rs on fi~e in his Department relu.tincr to the claim of the Durlington and MlSSOUI'l Rlver nailroad Company for lands outside of the limit of the grar:t of lands made by the · nineteenth section of the act. of ~uly 2, 1~64, to. aid~ the exten~ion of ~heir rt?atl in 

Nebraska from the Missoun RtYer to a Junction Wlth tho Umon ~acific Ra~oad 

at Fort Kearney, and to inform t.~e House how. many :1?ros of lantl, if :1-J?;f• l.vm~ at a !!Teater distance than twenty llllles from the line of S<Utl road on each s1ue th01eof, h~ve been pa~ted to said company. 

There being no objection, the resolution was adopted. 

Mr. HOLMAN moved to reconsider the vote by which the resolution was adopted ; and also moved that tho motion to reconsider be 

laicl on the table. 

'l'he latter motion was agreed to. 

PUBLIC BUILDING AT COVINGTO~, KENTUCKY. 

Mr. ARTHUR. I move that the rnles be suspended, anu that a bill 

to amend the act entitled "An act for the erection of a public build- ing for the use of the United States, in Covington, Kentucky," be 

passed. 

The bill was read. It amends the act entitled "An act for the erec- tion of a public building for the use of the United States in Covington, Kentucky," approved l!~ebruary 18, 1 73_, so that t_he ~ ?f money 

authorized to be expended m the constructiOn of said building hall 

be :fixed at 250,000. The bill further repeals all rest~ictions as to the 

material of which said building shall be composed. The second section provides that any sum of money in ex ess of the 

amount named in the act shall be expenuetl in the construction of t:~aid buililing, and repeals all acts anu parts of acts inconsistent with 

the provisions thereof. 

lli. ARTHUR. I end to the desk a letter from the Secretary of 

the Tr easury, and ask the Clerk to read it. 

Mr. WILLARD, of. Vermont. I do not consent to that unless de- bate can be allowed. I object to the reading of the letter. 

lli. ARTHUR. I have no objection to debate being allowed. I 

ask that the paragraph of the letter which is marked in the margin 

may be read. 'I1

here was no objection, and the Clerk read as follows : 

Hon. JAliiEB H. PLATr, 

TREASURY DEPARTMENT, 

Washington, D. V., May 27, 1874. 

Ohairman Oo1mnittce on Public Buildings and Grounds, IIousc oj Representatives: 

' The act anthorizin"' the erection "of a public building at Covil1gt-on, Kentucky, limits its cost to 100 000, an(l requires it to be c"onstructod of brick. I tlesiro to call 

the attention of you~ committee to the fact that tho brick manufactured in the 

vicinity of Cincinnati aro not suitable for tho faciucr of such a builcling, and that 

tho facin,. brick of all important public buildiu~s and private residences of that 

city are procured in other ~ities and transport~d thoro~ at a. great cost. I also desire to inform your collllllltteo tha.t an excellent qu:ility of freestone can be furnished at much lower rates than facing brick. I woulli therefore most carne tly 

recommend the repeal of the restriction in regard to the matorial, and tho increase 

of the appropriation to $250,~00~ which is in my opinion the least sum for which a suitable building can be erecreu. 

WM. A. RICHARDSON, 

SeA:reta!ry. 

The question· was on seconding the motion to suspencl the rules. 

The SPEAKER. The Chair directs the division to be taken bytellers; aud appoints the gentleman from Vermont, Mr. WILLAim,.and 

the gentleman from Kentucky, Mr. ARTHGR. The House divided; auu the tellers reported ayes 70. ~Ir. WILLARD, of Vermont. I do not ask for further count on the 

motion to suspend the rules. So the motion to suspend the rules w::t.S seconded. The SPE~KER. The question is onsnspendingtherules a.nd passing the bill. 

The question being taken; there were-ayes 7 4, noes 39 ; no quorum voting. -· 

Tellers were ordered under the rule; and l\lr. WILLAnD, of Vermont, 

and Mr. ARTHUR were appointed. 

The House again uivided ; and the tellers reported- ayes 92, noes 30; no quorum voting. 

l\Ir. WILLARD, of Vermont. I do not ask for a further count by 

tellers, but call for the yeas and nays. 

The question being taken on ordering the yea-s and nays, there were ayes 27. 

So (the affirmative being more than one-fifth of the last vote) the 

yeas and nays were ordered. 

POST-OFFICE APPROPRIATION BILL. 

Mr. GARFIELD. I move that the bill (H. R. No. 3094) making 

appropriations for the service of the Post-Office Dep~rtment for t.he 

year ending June 30, 1875, and for other purposes, w1th amendments 

by the Senate, be take:J?- f:om the Speak~r's tab~e and r~ferred to the 

Committee on Appropnatwns, and that It be prmtcd With t.he Senate 

amendments. · 

The motion was agreed to. 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

Mr. GARFIELD. I rise to present the report of tho committee of 

conference on the legislati e, executive, a,nu judicial appropriation 

bill; but I have no objection to yielding for a few references if they 

will not occupy much time. 

RAILROAD L~ LOUISIA...'U .• 

1\Ir. MOREY, by unanimous consent, introduced a bill (H. No. 3746) 

extending the time for the comple!ion of a rap.road in the. S~at~ o~ 

Louisiana from the Texas State line to a pomt on the l\lissiSSlppl 

River opposite Vicksbur::;h, Mississippi; which was read a first anu second ·time, referred to the Committee on the Public Lands, and 

ordered to be printed. E. BOYD PE~DLETON. 

l\Ir. HAGANS, by unanimous consent, introtlucod a bill (H. R. No. 3750) for the relief of E . Boyd Pendleton; which wa r ad a first n.nu 

second time, roferrecl to the Committee on Ways and Means, and 

oruered to be printeu. 

COMPE~SATIO~ OF CO)fMlTTEE CLERK. 

l\lr. ARCHER. I am instructed by the Committee on Accounts to 

offer the following resolution : 

Resolved That tho compensation of the clerk of tho Committeo on Invalid Pen- sions be the same as that paitl to the clerk of the Committee on Claims. 

l\lr. NIBLACK. I would a k the gentleman why he does not sta,te in the resolution the amount to be paid¥ 

l\Ir. ARCHER. Tho a,mount is six dollru.-s a da.y. 

l\!r. NIBLACK. I think that ought to be stated in the resolution. However, I ma.ke no objection. 

The resolution was agreed to. 

PARTIES IN THE COURT OF CLAIMS. 

l\Ir. POLAND, by unanimous consent., from the Committee on Revision of the Laws of the United States, reported buck, wHh the 

recommendation that it do pa s, the bill (H. R. No. 347 ) in rela,tion 

to parties in the Court of Claims. 

The bill, which was read, provides that in all cases pending in the 

Court of Claims, where a new or additional party or parties may be 

necessary to a complete . determination of tho case, or necessary to 

protect the interests of the United States, the court shall have power 

to onler any such person or corporation to be made a party or partie , and to issue process to the marshal of any uistrict or 'l'e~rltory 

in which such corporation may be located, or such per on reside, or be found; and it shall be the duty of such mar hu.l to serve a.ml l'eturn the same as other process. And if auy such person or corporation be a non-resident of the United States, service may be maue by 

puulication of notice in such manner as the court may oruer. The bill was on1ereu to be engrossed and read a third time ; anu being engros ed, it wa accordingly read the third time, anu va seu. l\lr. POLAND 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. 

JACOB LEIBY. 

1\lr. PACKER1 by unanim9us consent, introduced a bill (H. R. No. 

3751) for the relief of_Jacob Leiby, of Dauphin County, Pennsylvania ; 

which was read a first and second time, referred to the Committee on Claims, and ordered to be printeu. 

CURRENCY Al-\'D FINANCE. 

Mr. l\IARSHALL, by unanimous consent, introduced a bill (H. R. No. 3752) to provide for retiring the national-bank circulation, to 

prevent oppressiv-e contraction or undue expansion of the currency, 

restore prosperity to the country and provide for an early resumption of specie payments by the Government; which was read a first 

and second time, referred to the Committee on Banking and Currency, and ordered to be printed. 

ROBERT L. 11CONNAUGHY. 

l\fr. V .ANCE, by unanimous consent, introduced a bill (H. R. No. 3753) for the relief of Robert L . McConn aughy, of Morgantown, North 
1874. CONGRESSIONAL RECORD. 5i59 

Carolina; which was read a first and second time, referred to the 

Committee on Claims, and ordered to b.e printed. 

SESSION FOR DEBATE. 

Mr. BUTLER, of Massachusetts. I desire to renew the request that 

I made last evening, having bee:Q. requested to do so by many gentlemen, that to-morrow evening, ~ not desired by the 9ommittee on Appropriations, be set apart for general debate, no busmess whatever 

to be transacted. 

Mr. GARFIELD. I must object unless an exception be made in 

favor of the business of the Committee on Appropriations. 

The SPEAKER. The gentleman from M~ssachusetts ma~es. the request subject to the business of the Comrmttee on Appropnatwns. 

Mr. HOLMAN. I hope there will be no objection to it. 

Mr. DUNNELL. I object. 

Mr. BUTLER, of Massa~husetts. I move to suspend the rules. 

The SPEAKER. There is one motion to suspend the rules already 

pending. 

JACOB SPENCER AND Jllffi8 R. MEAD. 

Mr. LOWE, by unanimous consent, from the Committee on Indian 

Affairs reported a bill (H. R. No. 3754) for the relief of Jacob .Spencer 

and J a~es R. Mead for supplies furnished the Kansa-s tribe of Iuilians; 

which wa-s read a first an1l second time, referred to the Committee of 

the Whole House on the Private Calendar, and, with tho accomp::tnying report, ordered to be print.ed. 

DELAWARE DIDIANS. 

Mr. RICHMOND. by unanimous consent, from the Committee on Indian Affairs, reported a bill (H. R. No. 3755) to authorize pa~ent 

to the Delaware Indians of the amount awarded under the proTISIOns 

of the treaty of July 4, 1873 ; which was read a first and second time, referred to the Committee of the Whole on tho Private Calendar, and, 

with the accompanying report, ordcrc<l to be prin~d. 

Mr. SENER. I call for the regular order of busmess. 

LEGISLATIVE, ETC., APPROP.IUA.TION BILL. 

Mr. GARFIELD. I submit a report from the committee of confer- ence on the legislative, &c., appropriation bill. 

blr. HOLMAN. Hn,s the report been printed Y 

Mr. GARFIELD. It is printed in the RECORD of this morning. 

The Clerk read the report, as follows: 

The committee of conference on the disagreeing votes of tho two Houses on the 

amendments of the Senate to the bill (H. Lt. No. 2064) making appropriations for 

tho le.,.islative executive, and judicial expenses of the Government for the year 

ending June 30, 1875, and· for other purposes, having met., aft!3r full an.d free con- ference, have agreed "00 recommend, and do recommentl, to their respective Houses as follows : That the Senate recede from their amendments numbered 12, 17, 18, 19, 49, 52, 63, 

65, 69, 77, 91, 92, 94, 98, 1011 102, 10l.i, 103, 113, 138, and 139. 

That the House recede from their disagreement to tho amendment,., of the Senat(l 

numbered 1, 3, 4, 5, 7, 2'J, 38, 45, 47, 48, 51, 53, 55, 56, 57, 58, 59, 60, 61. 62, 67, 70, 73, 74, 

79, 80, 81, 85, SG, 87, 88, 89, 90, 103, 115, 117, 118, 123, 127, 128, 133, 134, 140, and. 142, an1l agree t{) tho same. That the House recede from their disagreement to amendment numbered 11, and 

agree to tho same with an amendment striking out tho wortls "anu eighty-eight;" 

anll tho Senate agree to tho same. · That tho House recede from their tlisa~reement to the amendment numbered 13, and. a~rreo to the same with an amemlment strikin,., out" five htmdreu antl eightyfour ,f' and inserting in lieu thereof " four hunclre<l;" and the Senate agree to the 

saT~~t tho House recede from their disagreement t.o tho amendment numbered 14, and arreo to tho same with an amendment striking out "forty-two thousand seven hnnd.I';'ed and sixty-eight" ancl inserting "thirty-seven thousand eight hundred;" 

and the Senate agree to tho same. That tho House recede from their disagreement to the amendment numbered 15, anu a,..,ree to tho sa.mo with a.n amendment stdhi.n~ out ''eight thousand two hun- dred~ndfifty-six," and inserting " two thousand six hundred;" antltheSenate 

agree to tho same. That the Senate recede from their disagreement to the amendment of tho Honse to the twenty-first amendment, and agree to the same. That the House recede from their disagreement to tho amendment numbered 22, 

and agree to the same with an amendillent striking out "2,580," and inserting 

"6,816 ;" and tho Senate agree to the same. That the House r ecede from their disagreement to tho amendment numbered 23, 

and agree to the same with the following amemlment: Substitute for the words stricken out tho following : P.rovided, That so much of the act entitled "An act provid~g for the electio~ of a. Conrrressional Printe~" approved F ebruary 22, 18671 as proVIdes for the election 

of suCh officer by the l:>enate, and provides that sucn officer shall be deemed an officer of the Senate, shall cease antl determine and. become of no effect from and 

after the date of the first vacancy occnr1ing in said office; that t.he t itle of said 

officer shall thereafter be Public Printer, and he shall be deemed an officer of tho 

Uuitefl States, and said office shall be filled by appointment by the President, by and with the advice and consent of the Senate. 

And the Senate agree to the samo. That the Senate recede from their disagreement to the amendment of tho House to the thirty-seventh amendment, and agree to tho s:1mo. 

That the House recede from their disagreement to tho amendments of the Senate 

numbered 39, 40, 41, 42, 43, and 44, with an amendment as. follows: In li~n .of the 

wortls proposed to be inserted by said Senate amendmentsmsertl after striking out the text of the bill fr'Om the word "dollars," in line 3, page 13, ot tho bill, clown to anu including the wonl" each," in line 7, same page, the following: "One principal clerk of warrants and appropriations, S3,000; seven principal clerks, at 52,800 each; 

eip:ht as istant clerks, at "2,400 each;" anti the Senate arrree to the samo. That the Hou e recede from their ilisarrroemcnt to tho amendment numborC<l 46, 

and a.rrreo to t.he same with an amendment, as follows: Strike out "ti,003 " an<l in· sort ilf lien thereof "two thousand one;" antl tilo Senate agree to the same. That tho House recede from their di agreement to the amendment mmtbererl 50, 

and agreetothesamowith anamendmentstrikingout " 5,004" and inserting "2,00G;" 

antl tlio Senate agree to the same. That the House recede from their disagreement to the amend mont numbered 54, anu ·a!!Tee to tho s::une with an a.mendrilent striking out "8,002" and inserting "5.0W;" anfl tho Senate n.,greo to the same. That the House recede from their disagreement to the amendment numbered 64, 

and a !!reo t{) the shne with an amendment ns follows : Strike out "1, 0!18" and insert 

"1,006 ;"and the Senate agree ro the same. That the House recede from their disagreement ro the amendment numbered 66, 

and agree to +he same with an amendment as follows: Strikeout "eight" and insert 

"five," andaftertheword "each" in line 4, page18 of the bill, insert the words "one 

stenographer, at 2, 000;" and 1 he Senate agree to the same. That the House r ecede from their disagreement to the amendment numbered 68r and arrreetothesamewith anamendment'asfollows: Strikeout the word "twenty," 

and i!Isert in lieu thereof the word "eighteen;" and tl1e Senate agree to the same. That the House recede from their disagreement to tho amendment numbered 71, 

and ::urree to the same with an amendment as follows : Strike outt.he word "fifteen," 

and ~sort in lien thereof the wonl "fourteen;" and the Senat-e agree to tho same. That the House recede from their disagreement to the amenclment numbered 72, 

and arree to the samewith an amendment as follows: Strikeout 1'51,140," and 

insert""in lieu thereof "43,540 ;" antl tho Senate agree to the same. That tho Honse recede from their <lisagreement to the amemlment numbered 75, 

and arree to the same with an amendment as follows: Inline18, paRe 18of the bill, 

striko out the word " five" anu insert in lieu thereof tho word 'six;" and the 

Senate a,<rree to the same. That the House recede from theil' disagreement to tho amendment numbered 82, 

and arrree to the same with an amendment as follows: Strike out the word 11 three" 

and in'Sert in lieu thereof tho word "two;" and the Sena.te agree to the same. That the House recede from their disagreement to the amendment numbered 

83 and arrree to the same with an amendment, as follows: Strike out "16,500" and 

insert in 'lieu thereof "15, 780 ; " ancl tho Senate agree to the same. That the House recede from their disagreement to the amendment numbered 84, 

antl arrree to the same with an amendment as follows: Strike out the word "six" 

ancl u{Sert in lieu thereof tho word 11 four;" and the Senate agree to the same. That the House recede from their <lisagreement to the amendment numbered 931 and a!ITee to tho same with an amendment aa follows : Strike out " 18 " and· insert; 

"16 ;•~"' and the Senate arreo to tho same. That tho House recede from their disagreement to the amendment numbered 95, 

and arrree ro the same with an nmendlnent a-s follows: Strike out the words 

"three thousancl" and insert in lien thereof tho words "two thousand eight hun· 

dred ;"and the Senate arrroe to tho same. That the House recede from their disagreement to the amendment numbered 96, 

and arree to the same with an amendment as follows: Strike out" 3,000," and in· sert ig lien thereof" 2,800 ;"and the Senate agree to the same. That the Ilouserecede from their disagreement to the amendment numbered 97, 

and agree to the same with an amendment as follows: Strike out the word "nino" 

and insert in lien thereof tho worcl " five;" and the Senate agree to the same. 1.'hat tho Honse recede from their disagreement to the aD_lendmont numbered ~05, 

and agree to the same with an amendment as follows: Strike out the words "nmety -eight thousand four htmdrod," and insert in lieu thereof "seventy· two thousand;" 

and the Senate agree to tho same. That the House recede from their disagreement to the amendment num bored 107, 

and arreo to tho same with ;m amendment as follows: In line 23, page 35 of the bill, 

strike" out tho word "five" aml insert tho woru "six," amlin the same line strike out the·word "three" and insert tho word "four;'' and stri1;:e out all after the word 

"dollars 11 in lino 25, (s::uno pa~o.) down to and including the word "dollars " in line 

26; and tho Senate a~rco to the same. That tho House recede from their disagreement to the amendment numbered 109, 

and a.!ITCC to the same with an amendment as follows: Substitute in lieu of said amenament the followin,.: After the wotcl Department, in line 18, pa~e !l7 of the 

bill insert the words "~the city of Washington;" and strike out the words "Ordnat{ce and Adjutant-General's Office" from said amendment, and after the word 

"duties," line 21, same page, insert the ~ollowin~: . . Provided That the.Atljntant-Gcneral1s anthon zed to retmn dunng the next fiscal 

year anu ~o lonfi"'cr, such portion of his force of employes now on tlutyin his office, a.~ m'ay be aetna y necessary for the service thereof; but no new enlistments shall 

be maile into tJlO general service; and nothing in this act shall be 80 construed as ro 

increase tbo aggregate force now omJiloyed in any office of tho War Department. And the Senate agree to the smne. That the Senate recede from their disagreement to the amendments of the House to tho amendment of tho Senate num bet·ccl112, anll agree to tho &'\me. 

That tho House r ecede from their disagreement to tho amoodment numberC<ll25, 

and agree to the same with an amendment as follows: Strike out the words "five 

hundred;" and the Senate agree to tho same. That the House recede from theinlis.1.greement to the amendment numbered 131, 

and a~e to tho same with an amenllment as follows: In lieu of ''fifteen 11 substi- tute •iten "and after the word "doll..'U"S," in line 14, pago 55 of tho bill, add the following : •

1 That it shall be the duty of the hea-ds of tho several Executive Depart- ments, and of the heads of the r espective Bureaus therein, in the in~rests of. t~e 

public service to require of all clerks of class one and above, and of chiefs of diVIs 

tons, such ho,'rrs of la.bor :is JIL':'-Y be deemed nece~sary for t~o proper dispatch of 

t.he public business, not exceedin:,r, how~vor, the t1mo for which smd Departme.nts aro by law required to be open for bnsmess, any usage to the contrary notwith· 

standina ;" and the Senate agree to tho same. That the House recede from their disagreement to the amendments n~be:r;ed 135 136 and 137 aml a,..,<rroo to tho samo with amendments as follows: Insert ill lieu of the ~atter Jl.foposo(T to be inserted by said a~en.dment, af-ter striking out of t)le text of the bill all after the woru "Treasury," ill lme 20, page 56, down ro and m- cludin,.., the worcl "each," in line 22, that has not already been stricken out b.y said 

amenfunent, the following: "two principal clerks1 at 62,800 each; two assistant 

clerks at 2,400 e:wh;" and strike out "3,503" and msert "3,409;" and tho Senate 

agree to the &'liDO. That the House recede from their di&'lgreement to the amendment numbered 141, 

and agree to tho sa.mo with an amendment as follows: Strike out "six" and insert 11 nine;" and tho Senate agree to the same. That the House recede from their disagreement to tho amendment numbered 

143 and agree t{) the same with an amendrrient a-s follows: Strike out "28,008" and ins~rt "14,007;" and· in. line 9, page 57 of the bill, strike out ''60" and insert "80;" 

and the Senat-e agree to the same. That the Senate recede from their disagreement to the amendment of the House to tho amendment numberec.l145, an(l agree to tho same. That tho House recede from their amendment to the amendment of tho Senate 

numbered 147, and agree to tho same with au amendment as follo;,vs: Strik~ <_mt 

from tho matter proposed to be insm:te~ by tho Senate the w:ord.s 11 thi~ pro~s~on 

shall not apply " in lillo 1 and insert rnlieu thereof -tho followm~: Th1s proVISIOn shall not apply to perma~ent specific appropriations, appropdations for rivers ann harbors, light-houses, fortificati.on~, public b~illd~gs, or. tho pay of ~he Navy and 

Marine Corps; but the appropnationsname_drn thi~ ~I'OVlllO shallcontinu ~ avmlable 

until otherwise orderell by Congress anrl this proV1810n shall not apply; after the 

word " Congress," in line 14, insert tho following: 11 with hls annual estimates;" 

and tho Senate agree to tho same. 

JAMES A. GARFIELD, 

S. W. KELLOGG,. SAMUEL J. RANDALL, 

Managers on the part of the House. 

LOT M. MORRlLL,. A. A, SARGENT,. H. G. DAVIS, 

Managers on the part of the Senate. 
5160 CONGRESSIONAL RECORD. 

Mr. GAR~'IELD. I will make a brief statement, and then if there are any questions to be asked I will yield for them. There were one hundred aud ten differences between the Senate n.nd the House, when 

the conference committee met. On twenty-one of those the Senate 

l'ecedes absolutely; on forty-four the House recedes; on forty-five the 

two Houses meet by concurring with nmendments, and I believe on the whole a pretty fair result has been reached. 

The Senate, it will be remembered, was very strongly opposed to 

the reduction of clerical force in the Executive Departments to the 

extent to which the House carried it, and in some instances the House 

committee was satisfied that they had perhaps cut too deep, and where we were satisfied of that fact we gave way cheerfully. The bill a we now bring it into the Hou e under the conference report appropriates $117,320 less than it did when it went into the conference; 

that is to say, we have made that much difference in f:tvor of rednc- tion by insisting on the views of the House. That makes t,he uill as it stands reported by the committee appropriate 21,003,174. O, being an increase above what it was when it went out of tho Ron e of a little more than half a million dollars; but almo t a quarter of a million of that amount is for official postage, which is rather a matter 

of book-keepin rr than'of actual expen e. Aside from the postage the 

bill has about $250,000 more in it as it now stands and as it will be- come a law if the report is agreell to than it had when it left the 

House; unt it also, as I have ·aid, appropriates "117,000 le than it 

<lid when it pas ed the Sena.te. 

Mr. CONGER I wish ·to ask a quo~:;tion. 

:Mr. GARFIELD. Very well. 

Mr. CONGER. Of course we cannot under~:;tand from tho realling 

of the report of the committee of conference without a bill, and I am not able to obtain a copy, what is the effect of this report. I desire to call the attention of the chairman of the Committee on Appropriations [Mr. GARFIELD] to two points. The report recommends in 

regard to the one hundred anll ninth amendment of the Senate the 

adoption of the following proviso : 

Provided, That the Adjutant-General is authorized to retain during the next fiscal 

year, and no Jong,er, such portion of his force of employ~s now on duty in hisoflice, as may I.Je actuauy necessary for the service thereof; but no new enlistments shall 

be made into the general service; and nothing in this act shall he so construed as to incre..1>se the aggregate force now employed in any ollice of the War Department. 

Now, with my understanding of that proviso, it would prevent any 

increa e in the Signal Service Corps. Mr. KELLOGG. The signal service is excepted in the uody of the 

bilL , . 

Mr. CONGER. I do not know that that is so; I ha~e not the 

bill before me. I wish to have it understood whether this proviso 

will prevent the increase of new signal stations and ouscrvers in the 

Signal S rvice Corps. 

Mr. GARFIELD. Not at all. The whole subject of enlar~i;ng the 

sit?nal service is in the sundry civil appropriation bill. Tlli& only 

relates to the clerical force in the city of Washington. Mr. CONGER. This ays that there shall be no increase in any office in the War Department. Mr. GARFIELD. The Department here in Washington. 

Mr. CONGER. Then in regard to the last amenllment. The recom- mendation is that the Hou ·e recede from their amcnllment to the 

amendment of the Senate No. 147 and agree to same with an amendment as follows : 

This provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, light-house , fortifications, public I.Jn.iJdings. or the 

pay of the Navy and Marine Corps; but the appropriat.iom; nametl in this proviso 

shall continue available until otherwise ordereu by Congre s and this provision 

shall not apply. 

I desire to know whether those ap;propdations mentioned will be 

ab olutely excltHled from the operatwn of the general provision re- storing unexpended balance to the Treasury Y 

Mr. GARFIELD. They will ab olutely. Mr. STORM. I desire to inquire whether the committee of con- ference in regard to the twenty-third amendment of the Senate, in r ·lation to the Public Printer, dill not feel themselves bound to obey 

the unanimous vote of the House and non-concur in the Senate 

amendment Y The vote of the House was unanimous to non-concur in the amenclment. · Mr.GARFIELD. ThegentlemanisawarethattberearetwoHouses 

of Congrc , and they are peers. If one :votes one way all the time 

and one another way there never would be an agreement. According 

to the old Shakespearean doctrine, when two ride the same horse one . must ride behind. vYe did not surren1ler all that the House wanted, nor did the Senate surrender all that the Senate wanted. The Ron e had resolved to abolish the office of Congressional Printer and re-estab- lish the office of Public Printer, and by their action they legislated 

the Congressional Printer out of office. To that the Senate objected, 

particularly to legislating a.n individual out of office. We therefore 

af?·eed that the office of Public Printer should be created, and that w nen tho first vacancy occurred in the office of Congre sional Printer, 

then the law as the Hou e passed it shonhl thereafter be in force; 

but that it should not go iuto effect until a vacancy occurred. The 

House has sncceeded in changing the law, but the Senate has delayed 

the operation of the law until the occurrence of a vacancy. Mr. STORM. Then it will be impo sible ever to get the Congressional Printer out of office. 

Mr. DONNAN. AB I understand the present law, the term of the 

present Congressional Printer expires with this Congrc ; he is 

elected by the Senate at the commencement of each Congrc s. I can- not now turn to the enactment. 

Ir. STORM. The gentleman is mistaken. 

Mr. DONNAN. I think not. That being so, the Congre sional 

Printer's term will eArp ire with the expiration of the pre ent Cong~·es . Mr. STORM. Was he re-elected at the commencement of this Con- gress' 

Mr. DONNAN. I think he has been elected at the commencement 

of each Congre . If that be o, I am satisfied with the action of the 

committee of conference. If he holds indefinitely, then I hope the 

Honse will stand by its former action. 

Mr. GARFIELD. I do not know how that is. Mr. HOLMAN. There has been no re-election of the Con(l'ressional 

Printer since be was first elected. 0 

Mr. GARFIELD. I do not know how that is. I will ay t.o the 

House that the conferees on the part of the House held out ju t a lou rr as we were satisfied there was any use in holding out. The S n- at were very reluctant to change tho law at all any way. Mr. STORM. Of course they were. Mr. GARFIELD. And it was with a grea.t deal of difficulty that 

any change was effected. Bnt it seemed to us to be a measure of j os- tice not to legislate a man out of office. 

Mr. STORM. You legislated the whole District government out of 

office ye terday. 

Mr. GARFIELD. If he shoulc'l be legislated ont of office tho President could instantly reappoint him, and it would probably work no practical difference. Tho whole theoretical difference of haying him a public officer instead of an o~cer of the Senate i gained by this 

report. 

Mr. STORM. If I had been upon that conference committee I would 

have forced the i sue upon the very fate of the bill. Mr. GARFIELD. I do not think we shoulll have done that. Mr. HOLMAN. I would ask the gentleman if the result of the ac- tion of the committee of conference has not ueen to nullify t.he action 

of the House in regard to the number of employe , and to re 'tore the 

ohl number of employes' 

Mr. GARFIELD. The Senate nullified pretty much all that the 

House had done in rerrard to cutting down the force in the War Department, by saying that there should ue an exception made of the 

Ordnance Office and Adjutant-General's Office. The question having 

gone to the conference, the Adjutant-General stated that be had not 

under tood that thew bole reduction of force was to be made at on co; 

that if he bad so understood be would have opposed it as cutting too 

de ply into the force of his office. He showed us, furthermore, that 

there has been, under recent laws, a large increa e of the pcn~:;ion 

business, and that every pen ion claim, before bf'ing acted on by 

the Pension Office, must be sent to his oflico, where the roll arc gone 

over, the case carefully examined, and ~ 1·eport made thereon. This 

is one reason of so large a number of clerks being rcrtuired. We finally made a compromi e by striking out tho Orllnance Office 

aUogether and allowing the Adjutant-General to keep his force of 

enlisted men from the general service dm·ing the current year and uo longer, provided that there shall be no increa e whatever in the force. 

Mr. HOLl\I.AN. Then for the present fiscal year the force of em- ployes with their increased salaries rem a ins su bstau tially tm chau ~ed. 

Mr. GARFIELD. In that one o1Iice; in no other office of the War 

D partmcnt. Mr. HOL~I.AN. But the increased salaries voted by the House antl 

the Senate were retained. Mr. GARFIELD. I believe they were. l\Ir. HOLMAN. I hope that the twenty-third amendment, with 

reference to the Congressional Printer, will be read, that the Hom;e 

may vote distinctly whether it couside1 it consistent with its honor 

that the printing of Cougre should be any longer under the control 

of a single branch of the legislative department. Mr. STARKWEATHER. I wish to put a single que t ion to the 

chairman of the committee, [MT. GARFIELD.] What ha been done 

by the conference committee in regard to the homs of labor in the 

Departments' 

Mr. GARFIELD. That subject i left in this way : Tho Secretaries or heads of the various Departments~ whenever the puulic busines re- quires it, are to work their clerks longer than they now work them, 

provided that the hours of labor do not exceed the limits of tho law. In other words, they are required to extend the hours of labor within 

the limits of tho pre ent law sufficiently to do the bu. iness of the Departments. Furthermore, it is required that they shall reduce the 

force in any Department or Bureau whenever the proper performance 

of the public busine swill allow it. Mr. KELLOGG. My colleague [ 1r. STARKWEATIIER] will notice 

that the provision with reference to requiring work in the Departments longer than six hours applies only to clerks of cia s one and 

above that grade, not to other employes. It does not apply to count- er , copyists, and otb r employ~ of that kind. Many of the clerks are now occupied more than six hours when the bu iues of the 

Department requires it, and we do not change the law at all on that 

point. I never should have con~:;ented to any report l'equiring count- ers of currency in the Treasury Department, or copyists in the Departments, to work more homs than they now do ; for I believe that 
1874. CONGRESSIONAL RECORD. 5161 

kind of work is hard enough with the present salary and the present 

regulations as to the hours of s~rvice . . . One word in regard to the pomt suggested by my fnend from Indi- ana [Mr. HOLl\1AN] in reganl to the Aujutant-General's Office and the 

Ordnance Department. The majority of the committee were satisfied that the Ordnance Offic should have twelve or thirteen more men, 

thou()'h that is left out in the report ; because t.hereby not a dollar 

would be added to the expense of the service ; the enlisted force in 

the Ordnance Department would not be increased at all; the only 

effect would be that twelve or thirteen men not needed elsewhere 

would be a signed to duty in Washington when they are needed. 

:Mr. HOLMAN. But it was not necessary that there should be any 

increase of salaries. 

Mr. KELLOGG. The salaries are not changed or increa-sed at all. We do not provide for one dollar's increase of salary. The law pro- yides for the separa.te enlistment of four hundred a,nd twenty-five men for the Ordnance Department, and a few of the ·o men are needeu in 

W ashiugton, anu ought to ha,ve been included in the r eport of our 

committee of confer nee. Mr. HOLMAN. What has been done in regaru to the salaries of 

chief clerks in the office of the Secretary of the Treasury Are they 

not increased f 

Mr. KELLOGG. They are not incren. eel a dollar. W e have out 

down the salaries of those men $200 below wlla.t they hu.ve been for 

years past, except the clerk of estimates and a,ppropria,tions; anu I 

think it a mistake to cut them down. 

Mr. HOLMAN. I understand t.hat the a,mount now fixed is an 

increase. 

Mr. KELLOGG. Not at all; because there has been a, fund out of 

which a portion of their salaries has been paiU ever since the war, a fund a,ppropriated for the express purpose of paying these salaries, 

and my friend has been here years before I came here, when t llis was being done everv year. The pa,y of fourth-class clerks was fixed years 

ago, long before· the war. I say to my friend from Indiana that no competent men can be found to fill the important positions in the 

Treasury Department at a salary of $1, 00 a year. We ought not to 

ask it. 

Mr. GARFIELD. I yield now to the gentleman from Iowa, [Mr. 

DOJI.TNAN,] chairman of tho Committee on Printing, to explain in 

reference to the status of the Congre ional Printer. Mr. DONNAN. In regard to the question as to the t erm for which 

the Congressional Printer holds his office I senu up to the Clerk's uook 

to be read section 3821 of the Reviseu Code. 

The Clerk read as follows : 

SEC. 3821. The Con!!rc: sion:tl Printer shall hold his office for the term of two years, commencing w1th the first day of each Con.!!!' s; shall r eceive a snlcry at the rate of $4,000a. year, and shall give bond, for the faithfLLl dischar~e of his unties, in the penal sum 0,000, with two oureties to be approvetl by the Secretary of the Interior. 

Mr. DONNAN. I understand that to be the law now and I think 

it ought to be satisfactory to gentlemen. Mr. GARFIELD. According to thnt, then, he goes out at the end of 

this Congress. Mr. STORM. The gentleman is mistaken in regard to that. 

1\Ir. POLAND. The gentleman from Iowa is entirely mistaken as 

to the law. 

Mr. DONNAN. I supposed the revision furnllihed us was correct. 

Mr. POLAND. That is not the revlliion the committee furnished. 

It is the revision the commi ioners made. There is no provision in 

the law about tho term of two vears. Mr. STORM. Then the gentleman diu not read from the Revised 

Statutes 

Mr. POLAND. The Revised Statutes read as follows: 

The Congressional Printer shall receive a salary at the rate of $4,000 a year, and 

shall give bond for the faithful discharge of his duty in the p enal sum of 80,000, 

with two sureties to be approved by the Secretary of the Interior. 

The term of two years found in that section as reported by the 

commissioners was st.ruok out as it was not the law. That was tho 

original term of the Congressional Printer, but when he was made an officer of the Senate that portion of the law wa-s repealed. The 

commissioners made an error in putting that in their revision and it 

is one of the errors uncorrected. ~jr. DONNAN. If the revision as put upon our tables is incorrect, 

then the point remains, and the Senate insist on retaining their provision. Therefore, sir, I shall stand by my original position, and hope 

the House will agree to the motion of the gentleman from Pennsylvania [l\Ir. STORl\I] and insist upon a further conference. . Mr. GARFIELD. I demand the previous question. 

Mr. RANDALL. As one of the conferees, I merely wish to say in 

reference to this question of the Congressional Printer that the Sen- ate js not entirf'ly to blame. The act of the 22d of February, 1867, 

which ma,kes provision for the election of the Congressional Printer 

by the Sen:tte, was agreed to by this Honse. It could not now be the 

law if the House had not consented to it. The House yielded up the 

question at that time to the Senate ab olutely, the object being to 

strike a blow at the then President of the United States, Andrew 

Johnson, and strip him of this and all other patronage. As will be 

seen, this action now returns to plague its inventors. 

I wish only to say so far :ts I ·am concerned, I dissented from the 

beg~ing to the end fro~ .. ~he ~nate propo. ition and was for adhering to the proposition of the House, but a,fter :five days and more of 

struggle it became ma.nifest the Senate never would yield entirely at 

this time, anu some compromise was therefore necessary to pass the 

bill. 

Mr. GARFIELD. I demand the previous question. 

The previous question was seconded, and the main question was ordered. 

The question recruTed on the adoption of the report of tho commit- tee of conference. 

The House divided; and there were- yeas 120, noes 32. 

So the report of the committee of conference was adopted. Mr. GAR:E IELD move<l to reconsider the vote by which the report 

of the committee of conference was adopted; anu also moved tllat 

the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

1\fESSAGE FROM THE SENATE. 

A message was received from tlle Senate, by :Mr. SY1\1PSON, one of 

their clerks, notifying the House that that body had agreed to the 

report_ of the commi~tc o of conference on the disagreeing votes of the 

two Houses to the b1ll (H. R. No. 3166) to correct the uate of commis- sion to certain officers of tlle Army. 

It further announced that the Senate had pas ed bills of the House 

of tlle following titles without amendment: 

.A.n act (H. R. No. 1206) for the relief of Charles J. Sands, of Brook- lyn, New York; 

.A.n act (H. R. No. 3586) to authorize the construction of a briugo aero s the lllississippi River at or near the city of La Crosse, in the 

State of Wisconsin; 

An act (S. No. 526) for the relief of James De Long; 

An act (H. R. No. 2398) granting a medal to John Horn, jr., for his 

heroic exploits in rescuing men, women, and children from drownincr 

in Detroit River; 0 

An act (H. R. No. 2:~92) for the relief of William \Vallmr; 

An act (H. R. No. 2655) to provide for the establishment of lifesaving stations and houses of r fugo upon the sea and lake coasts of 

the United States, anu to promote the efficiency of the life-saving 

service; and 

An act (H. R. No. 2 98) for the relief of J. & \Y. R. Wing, of New 

Bedford, Ma achusetta. . It fmther announced that the Senate had pas cd a bill of the following title, in which the concurrence of the Hou e was requestetl: 

An act (S. No. 775) to authorize the construction of a bridge over tlle Willamette River at Salem, in the State of Oregon. 

It :further announced that the Senate had passeu bills of the following titles, with amenuments in which the concurrence of the Hou e was 1·equested : An act (H. R. No. 90) to constitute Montgomery, in the State of 

Alabama, a port of delivery; and 

An act (H. R. No. 3522) to extend the jru'isdiction of the Light· 

House Board. 

PUBLIC BUILDL~G, COVl.L~GTON1 KEN"fUCKY. 

The SPEAKER. The question now recurs on the motion to suspend 

the mles and pass the bill reported lly the gentleman from Kentucky, 

[ Ir. ARTHUR,] being an act to amend an act entitled "An act for the 

erection of a public building for the use of the United States in the 

city of Covington, Kentucky," on which the yeas and nays were ordered. 

Mr . .A.RTTIUR. I ask to have the letter from the Secretary of the 

Treasury reall. 

Mr. \VILLARD, of Vermont .. Theyeasandnaysbave beenm·de1·ed. 

I object to debate. 

The crnestion wa-s taken; and it wa-s decided in the affirmative-yeas 

154, nays 65, not voting 7D ; a-s follows : 

YEAS-Messrs. Adams, Archer, Ar·thur, Ashe Atkins, Averill, Banning, Barber, 

Barry, Beck, Begole, Bell, Berry, Blount, Bowen, Bradley, Bright, Bromberg_, Brown, 

Buckner, Buffinton, Burleigh, Benjamin F. Butler, Roderick R. Butler, Ga-l elwell,. Clymer, Coburn, Comingo, Conger, Cook, Creamer, Crittenden, Crocker, Crooke, 

Cro sland, Crounse, Crutchfield, Darrall, Donnan, Dunnell, Durham, Eames, Eldredf!e, Frye, Giddings, Glover, Gooch, Gunter, Ha~~s, Hamilton, Hancock, Har- mer, IIenry R. IIa-rris, John T. Harris, Harrison, n.atcher, Hathorn, Hays, John 

W. Hazelton, llendoo, Hereford. Hernrlon, ~orge F. Hoar, Hodges, Hunton, Jewett, K elley, Kello&g, K endall, Knapp, Lamar, Lamison, Le:wh, Loftand, Lowndes, Luttrell, Maynart.t, Alexander S. McDill, MacDougall, McLean, Milliken Mills, 

Moore, Morey, Myers, Neal, Negle:v, Nesmith, Niblack, unn, O'Brien, b•Neill, 

Orr, Packard, Hosea W. Parker, l?elliam Pemlleton, Perry, Phillips, Pierce, Piko, James H. Platt, jr., Poland, llainey, Randa:ll, Ransier, Ray, Read, Rico, Richmond, 

Robbins, Jamfls C. Robinson, Rusk', Sawyer, Milton Sayler, John G. chumaker, 

Scofield, H enry J. Scudrler, ·ener, Ses ions, Sheats, Sloan.t.Sloss, Smart, George L. 

Smith, H. Boardman Smitl1, J. Ambler Smith, Southard, ;:,peer, Standiford, Stone, 

Storm, Strait, Swann, Townsend., Tremain, Vanco, 'Vallace _,Veil. , Wheeler, Whitehe..'td, Whitehouse, Whitthorue, ~orge Willard, John 11{. . Williams, William 

Williams, William B. Williams, Willie, Ephraim K. Wilson, Wolfe, Wood, Wood· 

ford, andJohnD. Young-154. NAYS- Messrs. Albert, Albright, Barrere, Biery, Bundy, Burchard, Burrows 

Cannon, Cason, Cessna, Freeman Clarke, Clements, Stephen A. Cobb, Corwin, 

Cotton, Danford, Duell. Foster, Garfield, Gunckel, John B. Hawley, Jo eph R. 

Hawley, Gerry W. Hazelton, E . Rock--wood Hoar, Holman, Ho kina, Hunter, Hyde, Kasson, Killinger, Lawrence., Lawson, Loughridge, :Magee, Martin, Jame W. 

McDill, Mc'Nulta., Merriam, Monroe, Orth, P~cker, Pa~e, Isaac C. Parker, Phelps, 

Thom•s C. Platt Pratt, E~s H. Roberts, !ames W. Rooinson,Ross, Henry B. Say- ler, Sherwood, A.Herr SDJJth, J'obnQ. Smtth, Sprague, Star1."'Weather, Strawbridge, Thot·nburgh, T odd, Tyner, Waldron, Marcus L. Ward, Wilber, Charles W. Willard, 

Charles G. Williams, and James Wil on-65. 

NOT VOTING-Messrs. Barnum, Blass Bland, Cain, Amos Clark, jr. John n. Clark, jr., Clayton, Clinton L. Cobb, Cox, Curtis, Davis, Dawes, DeWitt, Dobbms, 
5162 CONGRESSIONAL RECORD. JuNE 18, 

Eden, Elliott, Farwell, Field, Fort, Freeman, Eugene H.'\Je, RobertS. Hale, Ben.ia· min \V. HmTis, Havens, . Hersey, Hooper, Houguton, Howe, Hnbbell, Hm·lbut, 

Bynes, Lamport, Lansinu, L ewis, Lowe, Lynch, Mars-ball, McCrary, Mc.Jruikin, 

McKee, Mitchell, Morrison, N":Ues, Parsons, Potter, Furman, Rapier, William R. H.oberts, Isaa.c '\V. Scuduer, Shanks, Sheldon, Laza:rus D. Shoemaker, Small, Wil- liam .A. Smith, Snyuer, Stanarcl, Ste~hens, St. John, Stowell, S.YJJher, Taylor, 

Charles R. Thoma.s, Christopher Y. Thomas, \Vaduell, Walls, .Jasper D. Ward, 

'Vhiteley, .Jeremiah M. Wilson, Woodworth, and Pierce M. B. Young-70. 

So (two-thirds having voted in favor thereof) the ruJes were sus- pended, and the bill (H. R. No. 3747) was passed. 

I'UBLIC BUlLDI TG AT BROOKLYN, NEW YORK. 

1\fr. CROOKE. I move that the rules be suspended and that a bill 

directing the Secretary of the Treasury to report upon th~ necessity 

of a public building at· Brooklyn, New York, and tho cost of the same, 

be passed. This bill involves no expenditure of money whatever. ·The bill which was read, directs the Secretary of the Treasury to 

report to Congress at the beginning of its next next session whether 

the present needs of the Government require the erection of a public 

building at Brooklyn, Now York, and the estimated cost of the same, 

including t.he site. Mr. HOLitiAN. I think this erection of pn.latial lmililings in cities 

by the Government ought to cea e. The motion to suspen<.l the ruJes was seconded. 

The question being tn,ken on suspending the rules, there were- ayes 110, noes 46. 

So (two-thirds having voted in the affirma.tive) the rules were sus- pended, and the bill (H. R. No. 3748) was passed. 

LEGISLATIVE ASSEMBLY OF IDAHO TERRITORY. 

Mr. CROUNSE. I move that the rules be suspended, and that a bill to provide for the reapportionment of the Legislative Assembly of 

Idaho- Territory be passed. 

The bill, which was read, authorizes and requires the governor of 

the Territory of Idaho to make an apportionment among the several 

counties or districts for the election of a council and house of representn,tives in the ratio of 9-ualified voters as nearly as may be for 

the eighth session of the LegiSlati~e Assembly of said Territory; such 

ratio of voters to be ascertained from the returns of the last election 

for Deleg'tte to Congre s, which said apportionment the governor 

shall announce in a pnblic proclamation on or before the 1st day of 

August, 1874; provided· that in case council districts are made up of 

two or more counties, such counties shall be contiguous, u.nd no county 

shall be divided for such purpose. And provided further, thn.t ea.ch 

county shall be entitled to at lM.st one member in the house of rep- resentatives. And provided further, that the governor of said Territory shall continue to make the 8J)portionment as above directed for 

each election hereafter until the Legislative Al::lsembly of said Territory shall make such apportionment by law. 

Mr. CROUNSE. This bill comes unanimously recommended by 

the Committee on the Territories. It should be passed a.t this tiine or it will bo of no avail for the :fall election. The motion to suspend the rolls wns seconded; the rules were sus- .pended, (two-thirds voting in fa>or thereof,) and the bill (H. R. No. 

3749) was passed. 

DATE OF COMMISSION OF CERTAIN ARMY OFFICERS. 

1\fr. ALBRIGHT. I rise to a privileged question. I present tho 

repm·t of the committee of conference on tho bill to correct the date 

of commission of certu.in officers of the Army. 

The Clerk read as follows: 

TbG committee of conference on the disa~eeing votes of the two Houses on tbe bill (H. R. No. 3166) t{) correct the data of comm.ission of eerta.iu officers of the .Army having: met, after full anu free conference, have agreed to recommend, and do recommend, to their respective Houses as follows : First. That the House of Representatives concur in the Senate amendment num- bered 011e. Second. That the Senate recede from its amenclment numbered two. CHARLES .ALBRIGHT, 

.JAMES W. NESMITH, Manag~·s on the part of the IIouse. 

GEORGE E. SPENCER, 

J. _R WES'l', 

MATT W. RANSOM, 

Managers on the part of the Senate. 

The report of the committee of conference was agreed to. 

1\fr. ALBRIGHT moved to reconsider the vote by which the report 

of the committee of conference was agreecl to ; and also moved that 

the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

NATIONAL IRON-MOLDERS' UNIO~. 

1\fr. FIELD. I move tha.t the 1·ules be suspended and that the 

Committee on Education and Labor be discharged from the further 

consideration of the bill (H. R. No. 3521) to incorporate the National 

Iron-molders' Union, and that it be passed. This bill is reported by the Committee on Education and Labor. Mr. STORM. I do not understanu t.hat the Committee on Euucation and Labor have authorized this bill to be reported. 

l\fr. FIELD. They have. 

.Mr. STORM. On the contrary a sub-committee of that committee rer-orted against it. 

Tbe SPEAKER. The Chair has seen during this session more d.ispuws on the question of fact as to a bill being tho report of a committee than he has done <luring his experience in Congress for ten 

years before. Such a question should never be lJrought upon the 

floor at all. 1\fr. FIELD. This is a r eport from the Committee on Education 

and Labor. We recommend the pa sage of the bill. 

The SPEAKER. A conflict of this kind is an unseemly thing ever to a.ppear on the floor of the House. 

Mr. ~TORM. No gentleman should misrepresent facts. 

The SPEAKER. It is clearly a. question of fact .. 1\fr. FIELD, It is the gentleman from Pennsylvania [Mr. STOIDI] 

who is now mi representing the fact. 

The bill was read, as follows: 

Be it enacted, &c., That William Saffi.n, of Cincinnati, Obio; .James Carroll, of Kew York City, New York; Thomas Casey, of Montg-omery, .Alabama; Nathan 

Ports, of Washington, District of Colmnbia; \Villiam Gibson, of Toront{), Ontario; E. B. Osler, of Sacr~tmcnto, California; John F. Leahy, of Little Falls, NewYork; Peter .J. Meaney, of Brooklvn, New York; John Daly, of .Alban:v, New York; Thomas Kelley, of Cbicarro, illinois; .James C ummin_gs, of Troy, New York; Charles N. Pahi.ck, of Chelsea, 'lias acbnsetts; W. H. Hathaway, of Pawtucket, Rhoclo Island; David Neagle, of Bridgeport, Conneeticut; Samuel R. Baldwin, of Pitts- burgh, Pennsylvania; Samuel'McFarland, of Baltimore, Maryland; George H. Kemball, of .Jersey City, New .Jersey; Walker Cunningham, of W,heeling, West Virp;inia; F . H. Mercer, of Evansville, Indiana; James Gorman, of Cbicacro, llli· nois ; Com·a d Meyors, of Saint Louis, 1\Ii. so uri; .James W. Kcniller of Richmonll, 

Virginia; .John Kerrigan, of Louisville, Kentucky; .Andrew Bevan, of Memphis, 

Tennessee; Philip Dillon, of Savannah, Georgia; R. B. Wesson. of Water V~lley, 

l\Ii sissippi; George .J. Schwabble, of Leavenworth, Kansas; Daniel Lincoln, of Virginia City, NevNla; Patrick Stuart, of Detroit, Micbirran; .Jacob Kortz, of Keo- kuk, Iowa; Daniel E. Foley, of lllilwal,lkec, Wisconsin; A. J. Robert.~, of Omaha, 

Nebraska, and .James Young, of Saint Paul, lllinnesota, and their as ociates and successors, be, and are hereby, creat.ed an incorporation by the name and title of the Iron-molders' Na'ional Union, and by such name and title they shall have per- petual succession, and shall be capable of suing and being sued, impleading :md 

being impleaded, and of granting and receiving, in ita corporate name, property, real personal, and mixed, and of using said property, and the proceeds and income thereof, for the objects of said corporation as herein defined. SEc. 2. That the object and purpose of sai<l incorporation shall be to aiel its mem- bers to become more sltillfnl and efficient us iron-molders; to elevate their charac- ter as men; the protection of their individual rights in the pro ecution of their trade; to promote their general intelligence; to raise funds for the benefit of sick or disabled members; ancl to aid thefamiliesofcleceasedmembers; but the national union shall have power to prescribe general rules and reg-ulations :{or the disburse- ment of all funds raised in pursuance of the provisions of this act. SEC. 3. Tha.t the officers of the national union shall consist of a president, four vice-presidents, recording secretary, and treasurer, and such other officers as mav be necessary to carry out the objects for which the society is formed; theJJresidelit and four vice-&residents to constitute a board of trustee . Th~;~ duties and powers 

:dd~ ~~~l~~~~~~~~et~=~: ~~;~e national union, which shall also prescribe their 

SEc. 4. That the said Iron-molders' National Union shall have power to make and establish such constitution, rules, and by-laws as it may deem proper to carry out the objects of this incorporation, and the same to alter, amend, ::ulu to, or re~eal at pleasure. . · SEc. 5. That the Iron-molders' National Union shall have power to grant char- ters for the purpose of {)rganizing sub-unions in the District of Colmnbia and tbo 

Territoii.es of the United Stat-es and in any State after obtaining the consent thereof; and all sub-unions organized under the national union shall have power t{) 

pureha , hold, or dispose of such real or personal property as may be needed to 

erect halls and est:J.blish libraries, and to carry on their business, as pro"Vided for in this U{)t; and the national union and all sub-unions shall have power to require all officers holding pla{:es of trust to execute bonds, with approved sureties, for the safe-k';ifing and paying over to their respective unions, whenever tlirected by 

~~'coukol~eys belongrng to their respective unions in their keeping an(l under 

SEC. 6. That the headquarters of the Iron-molders' National Union shall be located in the city of \Vashington, in the District of Columbia. 

1\fr. \VILLARD, of Vermont. That is a bill which ought not to pass. 

Mr. GARFIELD. I underBtand that there arc Canadians in the 

list ~ the parties who a.re to be incorporated. 

1\Ir. G. F. HOAR. This is a corpora.tion for the District of Columbia, 

and they are authorized to have branches in the different States with 

the consent of the States. The persons incorporated are mainly resi-. dent here. 

:Mr. GARFIELD. It is an extraordinary idea to incorporate foreigners by act of Congre s. The SPEAKER. The name of William Gibson, of Toronto, Onta,rio, 

is included in the list . Mr. FIELD. I will allow that name to be stricken from the bill. 

The SPEAKER. That modification will be mado. 

l\fr. POTTER. I object to that. 

The SPEAKER. The gentleman has the right so to modify the bill. Mr. FIELD. I call for a vote. 

The question was on seconding the motion to suspend the rules. 

The SPEAKER. The Chair will direct the division to be taken by 

teller , and a.ppoints the gentleman from Ohio, l\h. GARFIELD, a.nd 

the gentleman from Michigan, Mr. FIELD. 

The Honse divided; and the telleTs r eported ayes 36, noes not 

cotmtecl. 

So the motion to suspend the rules wr..s not seconded. 

CIVIL-RIGHTS BILL. 

M.r. BUTLER, of Massachusetts. I desire to ask the. attention of 

the Hone for one moment. In the fust place, there is upon tho 

Speaker's table the civil-rights bill from the Senate. It stands in the 

way now of all legislation. It is evident that it cannot be taken 

from its place by a vote of two-thirds of the Honse. Tho Committee on t.he Judiciary would not have power to report it at any time if it were referred to them; and in order that wo may get it out of the 

way of legislation I ask unanimous consent that it be taken from tile 

Speaker's table n,n<l referr u to the Committee on tho Judiciary. 
1874. OONGRESSION.AL RECORD. 5163 

:Mr. BECK. Will the gentleman add " not to he brought b:wk this 

session Y" 

Mr. BUTLER, of Mass::whusetts. It will not be reported at this 

session. 

Mr. BECK. I desire that that shall be a part of the order. ·Mr. BUTLER, of Massachusetts. I have no objection to that. 

Mr. G. F . HOAR. I object ; I think we can get a two-thirds v:ote 

to take it up. 1\1r. NIBLACK. The committee have the right to report the House civil-rights bill at any time. Mr. BUTLER, of 1\la sachusetts. I was about to say further that 

I do mean to bring up the civil-rights bill of the Committee on the 

Judiciary of this House under my right to report at any time. Mr. NIBLACK. Woul<l. not the rig4t of the Committee on the 

J udiciary to report at any time a,ttach to the Senate bill as well as to the House bill- the whole subject Y 

The SPEAKER. It cloes not. M:r. ELDREDGE. I object to the proposition in regar<l to the Sen- ate bill. SESSIOX FOR DEBATE. 

l\1r. BUTLER, of Massachusetts. I now ask unanimous consent 

tha,t there ma,y be a ses ion for debate only to-morrow evening, sub- ject to the wants of the Committee on Appropriations. Mr. LA.'WRENCE. I dc~ire that the Committee on Wa,r Claims 

ma,y also ha,ve leave to make reports. 

1\ir. BUTLER, of Massachusetts. 0, no ; I cannot yield for that. Mr. LAWRENCE. It will not take them twcntv minutes. Tho SPEAKER. The request of the gentleman 'is for a se ion for 

deba.te only. Mr. LAWRENCE. I move to add "and for reports from tho Committee on War Cla,ims." 

The SPEAKER. It is not amendable ; it is a ma,tter for consent or not. Does the gentleman object Y 

Mr. GARFIELD. The gentleman from Massachusetts makes an exception in favor of the Committee on .A ppropriatious. The SPEAKER. The proposition is that to-morrow evening be 

assigned for general deba,te, no business whatever to be transacted, 

unless the Committee on Appropriations need the evening for their 

bu iness. Mr. GARFIELD. That means that if we have any bills ready to 

1·eport, or any conference reports to make, we may report thorn that 

evening. 

1\1r. ELDREDGE. Would that give the Committee on Appropriations the right to report any bills they chooseY 

lli. GARFIELD. Only our regular work. Mr. ELDREDGE. 'Voul<l. it give the committee any rights they 

have not now, 

Mr. GARFIELD. None but what we havo now. 1\lr. 'V ARD, of illinois. I object to the proposition. 1\1r. BUTLER, of Massachusetts. I move to su pend tho rules a,nd 

make that order. The SPEAKER. The Cha,ir will recognize the gentleman for that 

pmpose later on in the day. 

l<'ORMER SLA YES OF THE CHOCTAW AND CHICKASAW INDIANS. 

lli. SHANKS. I move to suspend the rules and pass a bill to ap- point a commission to establish the rights of the former slaves in tho 

Choctaw and Chickasaw country and their uescendants, m1d submit 

the same to Congress. I will say that the bill is the unanimous report 

of the Committee on Indian Affairs. 

The bill was read. It provides that a commi sion, to consist of three 

person , hall be appointed, one by the President of the United tates, one by the Choctaw council, an<l.one bytheChickasa-wcouncil, which 

commission shall when so appointed or a, majority of them have power 

to act and whose duty it shall be if possible to enter into an agreement in writing upon the part of the United States and the Choctaw 

and Chickasaw people respectively, establishing a just and equitable 

settlement of the rights and privileges among the Choctaw and Chicka- saw people of those persons of color formerly slaves in tho Choctaw 

and Chickasaw country and the descendants of such per ons of color. The agreement and all the proceedings entered into and had by the 

commission are to bo submitted to Congress at its next ses ion for its r atification or rejection, and are to be invalid without ratification by 

Congress. 1\ir. SHANKS. The bill is all right and I hope it will pass. 

The question was put on seconding the motion to suspend the rules, 

and 41 members voted in the affirmative. Mr. SHANKS. I ask unanimous consent to say one word about this 

bill. 

No objection was made. Mr. SHANKS. It is for the purpose of settling the rights of the 

colored people in the Choctaw and Chickasaw country. The colored 

people there were slaves plior to 1866. 

Mr. HALE, of Maine. Let me ask the gentleman one quest.ion. Mr. SHANKS. Allow me to explain this matter fu-st. Up to 1866 

there were a large number of slaves in the Choctaw and Chickasaw 

country. By the treaty of 1B66 they were set free, but they are free 

there without anything else but their freedom. It was intended by a provision in the treaty of 1 66 that these colored people should 

have the benefit of forty acres of land, or else the benefit of a certain fund arising from the sale of a piece of land. The time has ex- pired without their reccivingthatbcueiit, aml now they have nothing 

l.Jut the privilege of remaining in that countr . This is a proposition 

by which, if carried out, there will be I h:wo no doubt an amicable 

armngement of the matter, and these colored people will get equal 

rights with the Indians in tbat country. 'I'he best Inilians there <l.e- sire that this shall be dono, and I have no doubt the matter can be arranged in that way. If it is not clone, then there may be difficulties, for there is already engenuered a bad feeling between the 

colored people and the Indians, proYokc<l by white men and others 

who are interfering in their matters. 1\Ir. HALE, of 1\fa,ine. Does this go any ftuthor ¥ 

Mr. O'BRIEN. I have no objection to the gentleman making any 

statement necessary to explain the purpo e oi tho bill, if it shall take ono honr; but I do object to any discussion by other gentlemen. Mr. HALE, of Maine.- Will the gentlema,n allow me to ask a ques- tion 

1\ir. O'BRIEN. I havo no objection to that. 1\1r. HALE, of Maine. My question is in good faith. It i whether 

this proposition goes any ftuther than to settle the rights of the col- ore<! people who were formerly slaves. . !.1r. SHANKS. To settle their 1-ights and tho righ_ts of their 4e- scendants. It proposes to hav-e the matter referred to Congre at its 

next session for their decision. 

1r. RAil"\fEY. I shoulu like to have the consent of the House to 

make a short statement. Mr. O'BRIEN. I object to any further discussion. 

l\1r. SHANKS. A moment. I have been a ked whether this does or <loes not interfere with the Choctaw matter which we had before 

the House the other day. It has no moro to do with that than it has 

with tho rising of the sun this morning. 

1\Ir. ELDREDGE. Does it not apply the same principle to other 

Inclian nations which is applied in the case of the Choctaws 

11r. SHANKS. There are no other Indian tribes that have colore<! 

people who have not provided for them. The Cherokee., Seminole.·, 

and the Creeks provided for their former slaves, making them citi- zens of their country. But the Chickasaws an<l. Choctaws ha,ve not 

done so, and this proposition is to enable them to do so. Mr. ELDREDGE. Can they not <l.o so without tho con&ent of Con- gress 

l\1r. SHANKS. The agreement is to bo submitted to Congress a,ncl 

to be invalid without the indorsement of Congre s. Mr. ELDREDGE. I suppose they can make them citizens if they see fit without the consent of Congre Y 

1\Ir. SHANKS. They have not done so. Tellers were ordered on seconding tho motion to suspend the rules ; 

and !.1r. SHANKS and Mr. O'BRIEN were appointed. 

The House eli vidcd ; an<l. the tellers reported that there were ayes 

lOti_, noes not counted. 

So the motion to suspend the rules was seconded. The qnest.ion was taken on suspending the rules and pa.ssing the 

bill; and upon a ui\ision there were- ayes 81, noes 44; no quorum 

voting. Tellers were ordered; a.nd 1.1r. SRilTKS and l\1r. O'BRmN were ap- pointe<.l. The House again divided; and the tellers reported that there were- ayes 112, noes 42. So (two-thirds voting in favor thereof) the rules were suspended 

and the bill (H. R. No. 3756) was passed. 

SESSIO~ FOR FRIDAY EVENING. 

1\fr. BUTLER, of Massachusetts. I move that the rules be sus pende<l. so as toJive the session of to-morrow evening for general 

debate, subject o yto such matters as may be 1·eportedfrom the Com- mittee on Appropriations. Mr. FOSTER. I hope the request of the gentleman from Massachusetts [ 1r. BUTLER] will be granted. I further suggest that the 

remarks of the gentleman shall be published in·the REcoRD the next 

morning. 

. Mr. CONGER. And that his time be limited to thirty minutes. l\1r. BUTLER, of Ma achusetts. And I ask that nobody shall come here who do6s not want to hear me. Does anybody else have any 

request to make 

1\Ir. WARD, of lllinois. As I objected before, I desire t o state now that I withdraw my objection. The motion to suspend the rules wa.s seconded ; upon a divisio~ , ayes 113, noes not counted. The rules were then suspended, (two-thirds voting in favor thereof,) 

and the order was m~<l.e. 

SAN JOSE RESERVATION, CALIFuR~'IA.. 

Mr. CESSNA. I move that the rules be suspended for the purpose 

of passing a bill (H. R. No. 1718) relating to the equitable and legal 

rights of parties in possession of certain lands and improvements 

thereon in California, a,nd to provi<l.e jmisd.iction to determine those 

rights. I desire to say that this bill was reported unanimously from 

the Committee on the Judiciary some two months ago. 

Mr. COBURN. And I will say that this matter was reported against 

unanimously by the Committee on Military Affairs of the last Con- gress. It involves $5001000. 
5164 CONGRESSIONAL RECORD. JuNE 18, 

Mr. CESSNA. It involves nothing but the payment of a just debt on the part of the United States for the property of !'Irs. General 

Fremont, Mrs. General Heiskell, and others, taken from them by order 

of the Government. Mr. SPEER. How much is the property worthY 

;Mr. CESSNA. From $200,000 to $230,000. 

The bill with the amenuments reported by the Committee on the 

J uiliciary was read, a-s follows: 

Whereas by the act of Con~ess of .July 1, 1870, relin<Juishing the right and title 

of the United States to the military reservation at Point San .Josll, except tho por· 

tion thereof now held as snch reservation, the lands thereby relinquished were restored to parties who had been misled by the a.ction of the (3.Qvernment in withdrawing its appeal from the decree of tho board of lantl commissioners of thoU nited 

Sta,tes confirming the title of the city of San Francisco to lands embrn.cing said 

reservation, and were in the bona fide posses ion thereof when the military authorities went into the occupancy thereof; and whereas the persons dispossessed by 

the military authorities of tho portion so excepted in said act had, in every respect the same eq nitable claims to the lands formerly occupieu by them, aml were excluded 

from the relief granted by said act solely becau o the said lands are required for 

military purposes; and whereas the bui'iilings aml improvements erectetl by the 

former occup'I.Ilts of tho L'tntls within the present limits of said reservation are useful 

for the purposes of the Government, and their existence has saved considerable 

expense to tho United States: Therefore, 

Be it enacted by the Senate and Hou.se of Representatives of the United States of America in Congress assembZr.d., That the several persons, their heirs. grantees. as- signs, or legal r epresentative , who, when the military authorities of the United 

States took po se sion and entered into the occupation of the lands above high-water mark within the present limits of the military reservation at Point Saint .To e, in the 

city of San Francisco, in the State of California, wore in the bona fide ]JOsscs ion of 

poi-tions thereof, by themselves, their tenants, or agents, shall be compensated by 

the United States for the lands antl the im~rovements thereon, of which they were respectively deprived when said lands and unprovements were taken possession of 

by the militM'y authorities of tho Unit~d States; which compensation shall be the 

value of said lands and the value of the improvements thereon at the time when the 

military occupation of said lands co=enced, without interest. And the Court of 

Claims is hereby directed to ascertain and determine the said values, and render 

judgment for compensation therefor in favor of t.he several persons respectively who were as aforesaid in the posses ion of said premise , or any part thereof, their 'heirs, 

grantees, assi!!DS or legal representatives; and any and all judgmentR so rendered 

by saicl court S'hill be paid out of moneys appropriated, or hereafter to be appropriated, to pay judgments ronuered by said court: Provided, That no suit shall be 

brougllt by vutue of the provisions of this act unless the same be instituted within 

six months from the passage hereof. 

SEc. 2. That nothing in thi act shall be so construed as to enable the city of 

San Francisco, or any corporation or individual, to recover compensation for or by reason of tho taking or appropriation of any public square or public street in said 

cit.y by the military authorities of the United States. 

SEC. 3. That no money shall be paid upo!l any judgment which may be rendered or recovered by virtue of the provisions of this act uutil the plaintiff or claimant 

therein shall have filed in the Court of Claims, or with the Secretary of the Treas- ury of the United States, a full and complete release of antl for all da~ages, inju- ries, los es, interest, rents, and all other or future compensation on any and every account whatever by reason of the taking, occupying, and retaining, by the military 

authorities of thoU nited t.'ttes, of the premises for which compensation is claimed. 

Mr. POTTER. I wish to mu,ke a parliamentary inquiry. Is the 

motion of the gentleman from Pennsylvania [Mr. CESSNA] to bring 

the bill before the House for consideration Y 

The SPEAKER. It is to suspend the rules and pass the bill. 

M.r. WILLARD, of Vermont. The bill certainly presents some debatable questions. 

1\fr. CESSNA. I have no objection at all to allowing a reasonable 

time on each side for debate, if that. propo ition can be agreed to. l\fy object in makino- the motion to pass the b1ll was to avoid delay, 

which I thought not necessary, for the reason that this bill ha been 

twice considered by enate committees and reported unanimously uy 

both; has been passeu by the Senate ; ha-s been passed by the Honse, 

and has been three times reported bvorably uy committees of the 

House, no adverse report having been made in any case except that 

made by the gentleman from Indiana, [Mr. COBURN,] chairman of the 

Committee on Military Affairs. 

A MEMBER. What amount of property does the bill involve Y 

Mr. CESSNA. The property in this case is believed by the com- mittee to be worth between 200,000 and $250,000. This subject was thoroughly investiga.Lou by the Judiciary Committee of the Fortyfirst Congress, and a unanimous report was then presented by :Mr. 

Kerr, of Indiana. 

Mr. POTTER . . I am always unwilling to have the House act on measures of this sort without discussion. I hope therefore that some little time will be allowed for debate. I believe that this measure commends it elf to the justice of the Government. My feeling in favor 

of it is as strong as for any measure I was ever called to pa s upon. 

Mr. CESSNA. If it be the desire of the House I will change my 

motion so as merely to bring the bill before the House. I will then 

call the previous question at once, anfl yield a few minutes to those 

oppo ing the bill and a few minutes to my friend from New York, [~r. POTTER.] I shall then ask a vote. 

Mr. SPEER. And then a majority can pass the bill. 

Mr. CESSNA. I move to suspend the rules so as to bring the uill 

before the House for consideration. 

The question being taken on seconding the motion, there were-aye 

31 noe 54; no quorum voting. Tellers were ordered; and Mr. CESS~A and Mr. HOLMA...t'f were appointed. 

The House divided; and the tellers reported ayes 59, noes not 

counted. 

So the motion of Mr. CEss ... A was not seconded. 

MO:!'HJl\IENT AT LEXINGTON, MASSACHUSETTS. 

Mr. GOOCH. I move to suspend the rules and pass t.he bill (H. R. 

No. 31G3) authorizing the Secretary of War to deliver certain ord- nance to the municipal authorities of Lexington, Massachusetts, for 

monumental purposes. 

The bill was rea-d. It authorizes the Secretary of War to deliver 

to the municipaJ. authorities of Lexington, Massachusetts, ten pieces 

of condemned cannon, to be used for monumental purl)()Ses in com- memoration of the battle of Lexington, on the 19th da,y of April, 1775. 

Mr. O'NEILL. I de ·ire to have an a,mendment added to this bill. 

Mr. GOOCH. I must decline to yield for any amendment. 

The motion of 1\Ir. GooCH, being seconded, was af{reed to, (twothirds voting in favor thereof,) and the bill was passea.. 

PUBLIC BUILDING IN ATLll\'TA1 GEORGIA. 

Mr. COOK. I move to suspend the rules a,nd pass a bill to amend 

the act entitled ".An act for the erection of a public building for the use of the United States in Atlanta, Georgia." 

The bill was read. It provides that the act named in the title be so amended that the sum-authorized to be expenued in the construction of the building be fixed at ""2SO,OOO; and that no sum in excess thereof shall be expended upon said uuilding. 

The question being taken on seconding the motion to suspend the 

rules, there were-ayes 56, noes 56; no quorum voting. 

Tellers were ordered; a,nd Mr. CooK, and Mr. SMITH of Ohio, were appointed. 

The House divided; and the tellers reported-ayes 106, noes 36. 

So the motion was seconded. 

The question then recuiTing on agreeing to the motion to suspend 

the rules and pass the bill, 

Mr. GARFIELD called for the yeas and nays. 

The yea-s and nays were ordered. 

Tho question was then taken; and it was decided in the negativeyeas 14 , nay~ 79, not voting 62; as follows: 

YEAS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, Banning, Barber Barry . Bas , Beck, Begole, Bell, Berry, lllantl, Blount Bowen, Bright, Bromber<Y 'Brown' 

Buckner, Burleigh, Benjamin F. Butler, Roderick R. Butler, Caldwell Cason' 

.Amos Clark, jr., .John B. Clark, jr., Clements, Clymer, Coburn, Comin.:.o, Con~ ger, Cook, Cnttenden, Crocker, Crooke, Crossland, Crm.mse, Crutchfield, Davis 

Dobbins, Dunnell, Durham, Eldred~. Field, Fort, Gidilings, Glover, Gooch Gunter' 

llif!ans, Hamilton, Harmer, Henry .H.. llarris, .John T. Harris, Harri on, Hatcher; 

Hathorn llays, GerryW. llazelton,.John W. llazelton Hereford,llerndon Hod,.es 

Hooper, Hubbell, Hunton, Hyde, .Jewett, Kelley, Kenc'iau, Knapp, I.ama.r Lamp~rt' Lan ~Th~j~b, LpJia.nd, Martin, Maynar<;l, Alexander S. McDill, MacDo'ugilll, Me: 

Le:J.n, ·en, Mills, Moore, Morey, Momson, Myers, Neal, Negley, Niblack Nuun 

O'Brien, O'Neill, IJ;osea W. Parker •. Parsons, Perry, ~ike, .James H. Platt, j'r., Po~ ter, Ranclall, Ransier, Read, Robbms, .James C. RObmson, Rusk, Sawyer, Milton 

Sayler, .John G. S~humaker, Sener, S~eats, Sheldon, Sloan, Slo , George L. Smith, 

H. lloardman S,nnth, J. Ambler .Smith, Sny~er, Southard, Speer, Stana.rd, Stan,liford, St . .John, Stone, Storm, Strait, Strawbnd~e, Swann, Sypher~ Christopher Y. 

Thomas, Thornburgh, TremainJ Vance, Wallace, .Jasper D. Waru, Wells White 

Whitehead, Whitehouse, Whiteley, Whitthorne, Geor<Yo Willard .John M. S. wu: Iiams, \Villiam B. Williams, Willie, Wolfe, Wood, and~ohn D. Younrr-148. 

NAYS-Messrs. Albright, Barrera, Biery, Bradley, Buftinton, Bun;ty, Burchard 

BlliTOws, Cain, Cannon, Cessna, Stephen .A.. Cobb, Corwin Cotton, Curtis, Dan~ ford, Donnan, Duell, Eames, Foster, Frye, Garfield, Gunckel, Ben.iamin W. Harris, 

.John B. Hawley, .Joseph R. Hawley, E. Rockwood Hoar, George]'. Hoar Holman 

Hosh."i.ns, Hunter, Hurlbut·, Killinger, Lawrence, Lawson, Lowe, Lowndes Lynch' 

Magee, .James W. McDill, McJunkin, Merriam, Monroe Orr, Orth, Packard,'Packer; 

Pendleton, Phelp , Thomas C. Platt, Poland, Pratt, &inoy, Rapier, Ray Rice Ric~moncl, Ellis H. Roberts, .James W. llobins~n, Ro s, Henry B. S..tyler, S~fichl: Sesswns, Shanks, Sherwood, Small, A. Herr Snntb, .John Q. Smith, Spra!!lle, Starkweather, Todd, Tyner, Waldron, Wo.llR, MarousL. Ward, \Vheeler, Charfes W. \Villartl, William Williams, and James Wilson-79. ~OT VOTING-Me srs. Albert, Averill, Barnum, .Freeman Clarke, Clayton, Clinton L. Cobb, Cox Creamer Da-rraH, Dawes, DeWitt~ Eden, Elliott, Farwell, 

Freeman, E~ene H;i'e, RobertS. Hale, Hancock, Havens, Hendee, Hersey Hough. ton, Howe, .1:1.ynes, Kasson, KellO"'f!, Lamison, Lewis, Loughridge, Luttrcll, Mar- shall, McCrary, McKee, .McNulta, Mitchell, Nesmith, Niles, Page, Isaac C. Parker, 

Pelham, Phillips, Pierce Purman, William R. Roberts, Henry J'. Scudder Isaac W. 

Scudtler, Lazarus D. Shoemaker, Smart, William .A.. Smith, Stephens', Stowell 

Taylor:, Charle!" R. Thoma, Towns~ml, Waddell, Wilber, Charles G. Williams: 

Ephraun K. Wilson, .Jerennah M. Wilson, Woodford, Woodworth, and Pierce M. 

B. Young-62. 

So (two-thirds not voting in favor thereof) the rules were not sus- pended a,nd the bill was not passed. 

STATUE TO GE.!.'mRAL GEORGE G. MEADE. 

:Mr. 0 1NEILL. I move to suspend the rules and pa the bill (H. 

R. No. 3757) to transfer twenty condemned bronze cannon for a statne 

to the late General George G. Meade. 

The bill, which was read, authorizes and directs the Secretary of 

War to transfer to the Fairmount Park A sociation (a corporation 

created by the laws of Pennsylvania) twenty condemned bronze c:.m- non to be ~sed by t.he said association for the erection of a bronze 

equestrian statue to the late :Major-General George Gordon l\Ieaue, 

within the limits of the city of Philadelphia. 

The motion to suspend the rules was !:!econded. 

The rules were suspencled (two-thirds voting in bvor thereof) a,nd 

the bill was pas eel. 

CONTINENTAL AGENCY AND EXPRESS · CmiPANY. 

Mr. KELLEY. I a k unanimous consent to introduce for reference a bill (H. R. :ro. 375 ) to incorporate the Continenta.l General Agency anu Express Compa,ny. · Ir. RAND .ALL. I do not object, if it is not to be brou,.,.ht back on a motion to reconsider. 0 

The SPEAKER. It cu,nnot be brought back by a motion to recon- sider. 

Mr. KELLEY, by unanimous consent, introduced a bill (H. R. No. 

3758) to incorpomte the Continental General Agency and Express 
lt374. CONGRESSIONAL RECORD. 5165 

Company; which was read a first and second time. referred to the 

Uommittee on Commerce, and ordered to be printed, not to be brought 

back by a motion to reconsider. 

BENJAMIN COOLEY AND JA:.'l1ES W. BOSWELL. 

Mr. LOWNDES. 1\fl.·. Speaker, I move to snpend the rules :mel pa s the bill (S. No. 595) for the relief of Benjamin Cooley and James W. 

Doswell. · The bill, which was read, provides that the Postma ter-General be, 

and he is hereby, authorized and empowerecl to examine, adjust and 

settle the claims of Benjamin Cooley and James W. Doswell for carrying the mailB from ·washington, District of Columbia, to Poolesville, 

Maryland, being routes No. 3:293 n,nd No. 3304, from July 1, 18GU, to 

June 30,11364, n,nd to award tllem such compens;:t-tion for carrying the 

increased bulk of mail mn,tter as he may deem just and proper, not 

exceeding the sum of 1,200 to either of said contractors. 

1\fr. Sl\UTH, of Ohio. The Committee on the Post-Office and Po tRo:tds have reported a imilar bill for the relief of Benjamin Cooley 

and James W. Boswell, and I hope there will be no objection to the 

passage of this Senate bill. 'l'heso contractors ran tho mail from here 

to Poolesville, in Maryland. They took the contract for a small snm ?f 

money. Immediately afterward a large force of troops was placed m tba,t vicinity and the mail became very heavy, the receipts running 

up from thirty or forty dollars to seventeen or eighteen hundred 

dollars. 

Mr. BECK. Is it not better to send this to the Court of Claims f 

Mr. SMITH, of Ohio. It cannot be done. 

Mr. BECK. Congress can (lo it. 

Mr. LOWNDES. This bill passed the Senate after a careful consideration, and I hope there will be no objection to it. 

Mr. SMI'l'H, of New York. The Committee on the Post-Office and 

Post-Roads think it is right, and this money should be paid. 

Mr. BECK. I do not object to this bill~ but I do object to the Postmaster-General having power to adjust ::wything. 

The mot.ion to suspend. the rules was seconded.. The rules were suspended (two-thirds voting in favor thereof) and 

the bill was passed. 

DEVELOPMENT OF 1\IINL.'\G RESOURCES. 

Mr. LOWE. I move to suspend the rules and pass the bill (H. R. 

No. 2032) to amend the act entitled ''An act to promote the development of the mining resources of the Unite(l States," approved May 

10, 1872. 

The bill, which was read, provides that the fifth section of said act 

be, and the same is hereby, amended so that where a person or com- pany niay run a tunnel for the purpose of developing a lode or lodes, 

owned by said person or company, the money so expended in said 

tunnel sllall be taken and consiclered as expended on said lode or lodes, whether located prior to or since the pas age of said act; and 

such person or company shall not be required to perform work on the 

surface of said lode or lodes in order to hold the same, as required by 

said act. 

Mr. LOWE. By the act of 1872 each claimant is compelled to do 

$100 worth of work per annum until be takes out a patent for his 

claim. The Commissioner of the General Land Office holds that it 

must be done upon the lode itself, and that the work upon a tunnel 

to reach the lode would not save the e mining claim . This provides 

that work upon a tunnel to reach the lode shall have the same effect 

of saving the claims as work done upon t he lode itself. This is unan- imously desired by the Delegates and Members from the mining 

States. 

The motion to suspend the rules was seconded; the rules were sus- pended, (two-thirds voting in favor thereof,) and the bill was passed. 

TROOPS ON THE TEXAS BORDER. 

Mr. 1\ULLS. I move that the rules be suspended and that a joint resolution to place certain troops on the border of Texas be passed. 

The joint resolution was reall. It directs the Secretary of War to remove all infantry anll cavalry troops now in the States of Virginia, 

North Carolina, Son th Carolina, Georgia, Florida, Alabama, llis i -

sippi, Teune ee, and Kentucky, to the frontier of Texa , to aid the 

State troops called into the :fiolcl by the Legislature of the said State 

in protecting the citizens of that frontier against marauding bands 

of Indians and Mexicans. 

Mr. MILLS. I ask the unanimous consent of the House that I may 

have a few minutes to make an explanation. Mr. RAINEY. I object to any debate. 

Mr. MILLS. I have not had the floor more than two or three times 

this session, and I have never made objection to any other gentleman. 

This is a matter of material interest to my people, and I ask to be 

permitted to explain the joint resolution. 

Mr. RAINEY. I object. 

The question being taken on seconding the motion to suspend the 

rules, there were-ayes 62, noes 91. 

So the motion to suspend the rules was not seconded. 

HEIRS OF JAMES B. ARMSTRONG. 

Mr. BUCKNER. I move that the rules be suspended, that the 

Committee of the Whole on the Private Calendar be discharged from 

the further consideration of the bill (H. R. No. 2700) amentiatory of the 

act entitled "An act for the relief of the heirs and next of kin of 

.Tames B. Armstrong, deceased," approved March 3, 1873, and that it 

be pas eel. This bill is unanimously reported by the Committee on Claims. 

The bill was read. It directs the Secretary of the Treasury to pay 

to Edward S. Armstrong, of Ralls County, Mi onl'i, the sum of 

1,673.14, being his aliquot share of the sum of 13,305.09 as one of 

the brothers and next of kin of the said Jame B. Armstrong, doceased, appropriated by tho said act for the relief of the heirs and next of kin of said J ames B . .Armstrong, deceased. The econcl section repeals the proviso of said act requiring atisfactory proof to be made to the Secretary of the 'l'rea ury that sajd 

heirs at law and next of kin,·or such the1·eof as shall demand their 

aliquot shares nuder and by virtue of sa,id act, remained loyal ad- ' 

herents to the cause and Government of the United States during the war of the rebellion, 

Mr. DUNNELL. This bill had the unanimous indorsement of the 

Committee on Claims. I hope it will be pa ed. :Mr. KASSON. It has reference only to the question of loyalty of one of the heirs. That is all. 

M:r. WILLARD, of Vermont. Let the la.st section of the bill be 

again read. 

The second section was again read. 

The motion to suspend the rules was seconded. 

Mr. HOLM:.AN. I suppose there i a report accompanying the bill. 

Mr. BUCKNER. There is. If the gentleman desires an explanation I shall be happy to give it. 

Mr. KASSON. The money has already been appropriated. 

1\fr. BUCKNER. This money was appropriated during last session 

of Congre~:~s to satisfy a judgment of the Court of Claims in 185 . The money was appropriated for the whole amount. One of these 

heirs wa in the confederate armv and could not draw his share. 

The others have proved their loyalty and got their money. 

Mr. HOLMAN. If it is right to repeal that provision of the law 

in this particular case, why llould it not be repealed entirely in such 

cases¥ 

Mr. KASSON. That can be done by another bill. 

The rule were suspended ( two-thi~~ds voting in favor thereof) and 

the bill was passed. 

Mr. HOLMAN. I move the House do now adjourn. 

EVE~'L'G SESSION. 

Mr. COBURN. I ask that there be a sesssion of the House this 

evening under the order which I send to the desk, and which I ask 

may be adopted. 

The Clerk read as follows: 

Ordered, That there be a sessiou of tho House this evening, commencing at haJf. 

past seven o'clock p.m., for reports from committees, no action to bP-taken thereon; the call of committees to begin with the list of the committees after tho Commit. tee on Claims. 

Mr. SENER. Does the gentleman agree that no adverse reports 

shall como in ¥ 

Mr. COB RN. I do not agree to that. 

1\Ir. HOLl\f.AN. I hope the business will be confined to references 

alone. 

Mr. COBURN. The object is merely to have bills referred to the 

Committee of the Whole on the Private Calendar. 

Mr. H.A WLEY, of Illinoi . That should be stated in the order. 

Mr. COBURN. That is all that is intended. 

Mr. HOLMAN. I shall insist that all reports shall go on the Calendar, adverse reports as well as others. 

Mr. SENER. .Adverse reports do not go on the Calenda,r unless some gentleman requests it. 

Mr. LAWRENCE. They can be made to go on the Private CtL1-

endar. 

Mr. SENER. Let it be understood, then, that a,ll reports, adverse 

and others, shall go to the Calendar. 

The SPEAKER. .All reports will be for reference. With that 

understanding, the Chair hears no objection to the proposition of 

the gentleman from Indiana, [Mr. COBURN,] and the order is made. 

NEVADA CO~TY NARROW-GAUGE RAILROAD COl1PAl\TY. 

Mr. ORR. I move that the rules be suspended to enable the Committee on the Public Lands to report and the Hou e to pass the bill 

(H. R. No. 3309) granting to the Nevada County Narrow-gauge Railroad Company a right of way through the public. lands for a railroad. 

The bill was read. It grants the right of way through the public 

lands to the Nevada County Narrow-gauge Railroad Company, a corporation organized under the laws of the State of Californi:'l, and having 

lts principal place of business in Grass Valley, Nevada Count-y, State of 

California, its successor and assigns, for a railroad from Colfax toNe- vada City, by the most direct, practicable route, being a distance of 

about twenty miles. Said right of way is granted to aid railroad to 

the extent of fifty feet in width on each side of said railmad where it 

may pass through the public domain, including the right to take, from 

the public lands adjacent, materials of earth, stone, and timber neces- sary for the construction thereof; also including grounds for stationbuildings, workshops, depots, machine-shops, switches, side-trucks, 

tnrn-tablest and water-stations, to an amount not exceeding ten acres not mineral lands for each station, which stations shall not occur oftener than one in five miles; provided that the grant thereby made 

shall not take effect on any lands to which any bona fide pre-emption 
5166 CONGRESSIONAL RECORD. JUNE 18, 

or homestead cln.im bas attached before the definite location of the 

line of road, and the desi$nation of tho lancls to be appropriated under this law; provided further that within six months from the passa,ge 

of the act the Nevada ConntyNarrow-Ga,uge Railroa,d Compn.uyshall 

file with tho Secretary of the Interior a ma.p, to be a,pproved by him, 

eKhihiting the line of the railroa,d of said compa,ny as the same has 

been located and the ground to be occupied at the several stations; 

and provided further that the said railroad shall be completed within 

four years from the pa sage of the act. 

The second section provides that in case the right of way gran ted by 

the act extends through any calion, pass, or detile, any otl10r railroad 

corporation shall not be excluded from a pa age through the same or over and upon the track of the constructed road upon eq uitahle terms; 

and inca e of di agreement, upon application of either of the parties, 

the same shall be adjusted by the Secretary of the Interior, after hearing 

upon reasonable notice to the parties, who e decision may be enforced 

by a court of competent jurisdiction. 

Mr. ORR. I am directed by the committee to report the amendment which I send to the desk to be read. 

The Clerk read as follows: 

Add to section 2 the following : Provided, That tllis act shall not prevent other railroads from crossing t.be same at grade: .And pTOvidedju?·ther, Tbat the right of Congress to at any time amend, 

alter, or repeal this act is hereby reserved. 

Mr. ORR. I include that amendment in the motion to· suspend the· 

rules. 

Mr. HOLMAN. I ask that the last section of the bill may be again read. 

The last section was again read. 

Mr. HOLMAN. I de ire to snggest two amendments to that bill, so as to make it conform to similar bills alrea1ly passed. One is to 

strike out the word "five" and insert "ten;" so as to make it read 

"which stations shall not occur oftener than one in ten mile ," &c. 

Thn.t is in conformity with the practice for the la t two years on bills 

of this sort. 

1\fr. ORR. This bill conforms to the bill already pa-s ed for the rea on that they are allowed only half the num her of acres. Mr. HOLMAN. The number of acres is ten acres of land in en.ch 

ten miles. 

Mr. ORR. Well, the practice has been to give twenty acres in each 

ten miles; but this only gives ten acre in each five mile . Mr. HOLMAN. The la t hill of this kind that we passed ga,ve ten acre of land to each ten miles. I think that ought not to ue done, 

but inasmuch as it has been the practice heretofore, I am willing to 

concede that. . Mr. ORR. I think.the gentleman is·mistaken as to the practice. 

Mr. HOL~IAN. The hill 11a sed by the House e terday or the day 

before in relation to Colorado contained thi same provision. The 

other amendment I have to suggest is, to strike out the wonl "timber" 

where it occurs in the bill. I see no reason why we shouhl deprive 

the ultimate settlers on these lands of the timber to which they would 

otherwise be entitled. Mr. ORR. It has been customary to allow the company to take 

timber in all such ca es. However, I will accept those amendments as modifications of my bill. 

The motion to suspend the rules wa-s seconded. The question was taken on the motion to suspend the rules ; and 

(two-thirds voting in favor thereof) the rules were suspended, n.nd 

the bill, as modified, was passed. · 

TRANSFER OF GOLD BARS. 

Mr. HOOPER, by unanimous consent, from the Committee on Coinage, Weights, and Measures, reported bn.ck, with the recommendation 

that it do pass, the bill (8. No. 784) authorizing the transfer of gold 

mint bars from the bullion fund of the n.ssay office, New York, to the 

assistant treasurer at New York. 

The bill was read. It authorizes the Secretn.ry of the Treasury 

from time to time to transfer to the office of the assistant treasurer at 

New York from the bullion fund of the assay office at New. York re- fined gold bars bearing the United States stamp of :finene s, weight, 

and value, or bars from any melt of foreign gold coin or bullion of 

standard equal to or above that of the United States, or a,n exchange 

from gold coins at not less than par, subject to such regulations as he may prescribe. 

Mr. MERRIAM. I move to amend the bill by inserting after the 

words "coin at," in line 8, the words "mn.rket val a e." 

The amendment wa-s agreed to. 

The hill, as amended, wa-s ordered to a third reading; and it was accordingly read the thir~ time, and pa ed. 

HEIRS OF JAMES BAR~TT. 

Mr. KELLOGG. I move that the rules be suspended and that the bill 

(H. R. No. 3182) for the relief of the heir of James Barnett, deceased, 

b.e passed. I will state that it is the unanimous report of the Committee on War Claims. 

The bill was read. It authorizes and directs the Secretary of the 

Treasury to pay to the heir of James Barnett, deceased, who was a liontenant in the Second Virginia. Regiment on continental establishment during the revolutionary war, and who, by reason of the loss of an eye in the service, was retirP.d in 1779, in accordance with a provision of an act.of the Continental Congres , the amount of pay of a 

first lieutenant of said regiment for five yen.rs, in accordance with the 

provi ·ions of an act approved March Z7, 1783. · :Mr. 'VILLARD, of Vermont. Thls isaclaimaboutahundredyears old. 

Mr. SMITH, of Virginia. The claim is a just one, and I hope the 

House will pas the bill. 

Mr. KELLOGG. The1·e ought to be no objection to the bill, and I 

hope it will pass. 

The question was put on seconding the motion to suspend tho rules; 

and on n. division there were ayes 7~, noes not counted. 

So the motion wa seconded. The question recurred on suspending the rules and passing the bill. 

Mr. WILLARD, of Vermont. I call for the yeas and nays. 

The yeas and nays were not ordered, only ten members voting therefor. 

The question was taken; and (two-thirds voting in favor thereof) 

the rules were suspended, and the bill was passed. 

ORDER OF BUSINESS. 

Mr. POLAND . . I desire the attention of Lhe House for a moment. 

A very considerable number of gentlemen are n.nxious to go to bmi- ness on the Speaker's table. There is nothing on the Speaker's table 

in which I have any special interest, but there is so ln.rge an amount 

of business there that I think we ought to take it up and dispose of 

it. I desire, therefore, to make a proposition on the subject which 1 

think will be entirely acceptable to gentlemen on both sides of the 

House. 

It is well known that an effort yesterday to go to the Speaker's table 

met. with opposition on account of the civil-rights bill. Now I desire 

to say that I am a friend of the civil-rights hill; I ha,vealwaysvoted 

for it. In the la t Congress I had charge of it n.nd made every sort 

of endea,vor to get it pas ed without avail. We all understand that 

the position of it is such that it cannot be pa ed except by a twothi.rds vote, and two or three unsuccessful efforts have been made to 

get a, two-thirds vote. It has been fully ascertained that it cannot 

be obtained, and therefore I think the friends of that measure have no need to struggle longer to obtain what they know they cannot 

obtain. I propo e th~t .when the ?ivil-ri~hts b~ is reached it shall 

be referred to the JudiciaryComnntteeWithno nght to report it back 

except by asking a suspension of the rules, so that they would need a two-thirdH vote to carry it, just as they would neeu a two-thirds vote 

to carry it in its pre 'ent po ition. 

1\fr. \VOOD. Or any other bill on that subject. 

Mr. POL.Al-,TD. The Committee on the J ndiciary .now hav~ in t.heir 

po ession a Hon e uill upon that subject which they have t~ riO'ht 

to report at any time. Bnt the difficulty is that if they report tbat 

bill aud the Hon e pa es it, it must then go to the S nate and take 

its turn there. Now, in reference to the civil-rights bill, I propo e to 

leave all ·ides precisely as they are now; that there shall be uo change 

in the rights of partie in reference to that bill. I make this proposition in order to take that bill out of the way of other busines . I 

hn.ve put my proposition in writing, and! ask the Clerk to read it. 

The Clerk-read as follows : 

Move to suspend the rules so as to proceed to business on the Speaker's tn.hle · that five minutes be a.Ilowed to explain eaoh bill and 11Ye m.innt s in oppositio~ thereto; and the only motion in order shall be to put each bill on its pa 'a o-o or to refer tho same; thatwhQn the civil-rights bill is r eached it shall be referred to the 

Committee on the .Judiciary without any right to report it back except under a su..<!pension ~f the rules. 

Mr. G. F. HOAR. Allow me to inquire of the gentleman if his propo ed arrangement does not clepri ve the civil-right bill of n. very important advantage Y While a majority of the Hou e are known to 

be in favor of that bill, no other business on tho Speaker's table can be disposed of unless that bill shall take its chance with the others. 

That is a very important advantage in the way of obtaining a vote 

upon the civil-rights bill. 

Mr. HA. WLEY, of Illinois. .Allow me to make a suggestion in thn.t 

connection. 

1\Ir. POLAND. Let me answer this suggestion first. 

1\fr. TREMAIN. There are one or two bills of the House with en- ate amendments. It seems to me that this proposition would not 

allow a motion to concur in tho e amendments or concur in thorn -with 

amendments . . :Mr. POLAND. Yes, it would. I have been quite as sincere and 

earnest a friend of the civil-rights bill as the gentleman from :M assachusetts. 

Mr. G. F. HOAR. I do not question that. Whn.t I question is the 

effect of your arrangement in that bill. · :1\I.r. POLAND. In order to get at business on the Speaker's taule 

yon must now obtain a two-thirds vote. We understand very well that as long as that two-thirds vote hall be required we can never get to 

business on the Speaker's table. I do not propose to surrender any 

right or privilege that we have in .regn.rd to the civil-right hill, but 

I understand that the bill standing in the po ition it now does it is 

impossible for us to secme a two-thirds vote in any way to pass the 

bill. I do not think we should allow the civil-rights bill to stand so much in the way as to prevent our attending to any other business on the Speaker's table. 

Mr. G. F. HOAR. I do not understa.nd that the majority of this 

Honse, consisting of republicans and embracing two-thirds of the 

members of this House, are so much opposed to the civil-rights bill· 
'----

1874. CONGRESSIONAL RECORD. 5167 

that they· will' not allow a vote of the House to be taken upon it a_nd 

the bill disposed of by a majority vote. I do not under t.and that 

they are so opposed to it as to be willing to stop the whole business 

of the country rather than to allow a constitutional maJority of this 

House to deal with that bill. As the bill is, at its pre ent stage, 

every gentleman who persists in voting against procP.eding to busi- ness on the Speaker's table, says not merely that he is opposed to the 

civil-rights bill, but that he will not allow a constitutional majority 

of the Representatives of the American people to act npon that meas- ure, and rather than do so will stop all puulic business. 

l\1r. SPEER. I object to further debate. 

l't.lr. BECK. I 'desire to say that so far as I am concerned I will 

stop all legislation rather than allow the ci vii-rights bill to be passed. Mr. COBURN. I rise to a parliamentary inquiry a to the effect 

of the proposition of the gentleman from Vermont, [.Mr. PoLkl>."D.] 

It is whether or not, under that proposition, bills upon the S1waker's 

table would be subject to the point of order that they contain appropriations and must first he considered in Committee of the ~/hole 

Th'e SPEAKER. The Chair would consider that this order, if made, 

would put the whole matter subject to a maJority vote. A.s the bills were reached they woulu have to be referred to committees, passed, or left on the table. It would leavo it in the control of a majority of 

the House. 

Mr. POLAND. If there is any use at all in going to the Speaker's 

table, it should be under the plan I propo e. Mr. COBURN. We should not set aside all points of order. 

Mr. BECK. I want to ask the gentleman from Vermont one question. 

The SPEAKER. The gentleman from Pennsylvania [1\.lr. SPEER] 

object to debate. 

l\1r. SPEER. I objected to an attempt- to dragoon this side of the 

House into allowing a vote on the civil-rights l)ill. 

Mr. HA WLEY,of Illinois. If the civil-rights bill should be referred 

to the Committee on the Judiciary, as proposed by the gentleman 

from Vermont, would not that committee be prevented from reporting 

it at any time except under a suspension of the rules, which would 

1·equire a two-thirds vote¥ 

Mr. POLAND. The gentleman from illinois [Mr. HAWLEY] has 

put an impossible case. Mr. HA \VLEY, of Illinois. Not at all. 

Mr. POLAND. The Committee on the Judiciary when called upon 

for reports can report whatever matters they have before them. 1\lr. HAWLEY, of illinois. Suppose that the Committee on the 

Judiciary does not report this bill until the next session of Congress; 

under this order could it be reported then except under a suspension 

of the rules, requiring a two-thirds vote¥ 

Mr. POLAND. I do not understand that this order would have 

any effect at the next s~ sion. 

Mr. HAWLEY, of Illinois. Why not 7 If the bill is sent to the 

committee under this order, it must remain there until brought out 

of the committee by a two-thirds vote. 

Mr. SPEER. I desire to make n. parliamentary inquiry. If tho 

order proposed by the ~~entleman from Vermont be agreed to, could 

not a majority of the tlouse pass the election bill which was yester- day defeated on a motion to suspend the rules T 

The SPEAKER. The Chair does not know that that bill is on the 

Speake1Js table; he thinks it is not. This order would apply only to 

bills on the Speaker's table. · Mr. POLAND. I call for a vote. 

Mr. HAWLEY, of Tilinois. I call attention to the fact that under 

this propositi3n the civil-rights bill may be sent to the Committee on the Judiciary, and that committee may nevor have any power to 

report it back except under a suspension of the rules by a two-thirds 

vote. 

Mr. POLAND. So many gentlemen are troubled for fear that this 

proposition is going to have some effect at the next session· of Congress that I will modify the motion by inserting the worcls "durin<T 

this session of Congre s" after the clause with reference to reporting 

back the civil-rights bill. 

Several MEl\fBERS. That is right. 

Mr. LAWRENCE. I wish to put a parliamentary inquiry. If this 

motion be adopted will there be any right to make an objection which 

will carry to the Committee of the Whole any bill appropriating 

money or property f 

The SPEAKER. That right will not exist ;· but every bill ·will be 

subject to the disposition of the majority of the House, either to be 

passed, to be referred, or to remain on the Speaker's table. 

Mr. WILSON, of Iowa. I move that the House adjourn. I do not 

think we are prepared to adopt any such proposition as this. 

The question being taken on the motion to a{}journ, there were- ayes 84, noes 75. 

roque ted a conference with the House on the disagreeing votes of the 

two House ancl had appointed as conferee on the part of the Senate 

.Mr. MORRILL of Vermont, .Mr. COOPER, and :Mr. ALLISO~. 

The mes age also aunonncetl that the Senate had agreed to the reso- lution of the House granting the use of the Rotumla of the Capitol to 

the women's centennial executive committee of the city of Washington for the purpose of celebrating on the 16th of December next the 

destruction of the tea in the harbor of Boston on the night of December 16, 1773. . The message also announced that the Senate had adopt-ed the following resolution; in which the c:mcurrence of the llouso was re- quested: 

·· Resolved fry the Senate, (the House of Rtpresentatives cmtC'ltrr£ng,) That one thou- ' 

sand adtlitiolli\1 copies uf the report of the lcctCommittee on Transportation Routt>R, 

with the appendix and evidence taken, bo printed, of wllich three hundred copies . shall be for tile use of the Senate, sb:: lnmdrcrl copies for the use of the House, anti. one hunrlrcu copies for the use of the elect Committee on Transportation Route ; and that there shall also be printed five thousand copie of sa1d report and appendix without ~he evidence, of which fifteen hundred copies shall l.)e for the use of t.he Senate, three tbonsand copies for the use of the llouse, and five hundred 

copies for the use of the Select Committee on Transportation Routes. 

The message also requested that the House return to the Senate 

the bill (S. No. 311) for the relief of Joseph Montanari, and for other 

purposes. 

RETURN OF A BILL. 

The SPEAKER. If there be no objection, the bill (S. No. 311) for 

the relief of Joseph Montanal,'i, and for other purpo es, will be re- turned to the Senate, in accordance with the 1·equest just receiwd 

from that body. 

There was no objection, and it was ordered accordingly. 

ENROLLED BILLS SIG:r.."ED. 

Mr. PENDLETON, from the Committee on Enrolled Bills, reported 

that the committee had examined and found truly enrolled bills o~ 

the following titles; when the Speaker signecl the same: An act (S. No.4 2) to authorize the construction of a bridge over the Willamette River at Salem, in the State of Oregon; 

An act (S. No. 716) for the better government of the Navy of the 

United States ; and 

An act (S. No. 75 ) to authorize and provide for the const.ruction of a substantial iron and masonry bridge and of a causeway across the 

Anacostia, or Eastern Branch of the Potomac River, at or near the 

site of the present navy-yard bridge. 

1\Ir. HARRIS, of Georgia., from the same committee, reported that 

the committee had examined and found truly enrolled bills of the 

following titles; when the Speaker signed the same : Aa act (H. R. No. 203) to create two additional land districts in the 

State of Kansas; 

Au act (H. R. No. 440) to amend the act entitled "An net transferring the control of certain territoria.l penitentiaries to the seveml 

Territories in which the s:1me are located-,'' approved January 24, 

1873· .A:d act (H. R. No. 1507) to create an additional land district in the 

Territory of Colorado ; 

An act (H. R. No. 2384) to change the name of the pleasure-yacht 

Planchette to that of Laxen; 

An act (H. R. No. 2450) to provide for the appm1iionment of the 

TeiTitory of Wyoming for legislative purposes; 

An aet (H. R. No. 2463) for the relief of JosephS. Read;. An act (H. R. No. 2670) granting a pension to MaryS. Howe; 

An act (H. R. No. 2671) granting a pension to General A. C. Voris; 

An act (H. R. No. 3351) to ascertain the possessory rights of the 

Hudson's Bay Compa.ny and other British subjects within the limits 

which were ·the sub~ct of the award of His Majesty the Emperor of 

Germany, under the treaty of Washington of May 8, 1871, and for 

other purposes ; 

An act (H. R. No. 3421) making appropriations for the payment of 

invalid and other pensions of the United States for the year ending 

June 30, 1875; 

An act (H. R. No. 3539) tO admit free of duty merchandise sunk for 

two years and afterward recovered ; 

An act (H. R. No. 3591) to change the name of the brig Sidi to Sea 

Waif; 

An act (H. R. No. 3678) for the relief of savings institutions having no capital stock, and doing business solely for the benefit of depositors; and 

An act (H. R. No. 3741) to authorize the issue of an American register to the ship Alhambra. 

1\IOIETIES. 

Mr. ELLIS H. ROBERTS. I rise to submit a conference report. 

The Clerk read as follows: 

The committee of conference on the disagreei~gvotes of the two Houses on the hill 

(H. R. No. 3171) to amend tho customs-revenue laws and to repeal moieties, ha.vin"' 

1\-ffiSSAGE FROM THE SENATE met, a;fter full ~ll free conference have agreed to recommend, and do recommenif, < • . to therr respective Houses as follows: 

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

A messa~'~'e from the Senate by Mr. SYMPSON one of their Clerks an- That tho Senate recede from its ~eudments numbered 1 and 10. 

d t

p t th S h d' ' .' G That the House recede from its disagreement to the amendments of the Senate nounce .tla e e~a~e a agreed to the report of the comnnttee numbererl1, 2, 3, 9,11, 14, 18, 19, 20, 21, 2'2, 24, 25, c,n, 29, and 34, and agreo to the same. of conference on the bill (H. R. No. 3171) to amend the customs-rev-~ That the House recede from. its disagreement to the eighth amenrlment, antl enue laws and to repeal moieties. a;gree to the sa~e witJ:!. an .. am~ndment as ~o.uo,'!s: Strike o:ut all !-"fu;r "court," iu 

The message also announced that the Senate had disagreed to the line 21, ~ and mcluding Umted States, m line 26, and lllSert m hen thereof as 

amendments of the House to the bill (S. No. 733) regulating gas-works, fo~d_S if produced, the said attorney shall be pern1itted, under the direction of 
5168 CONGRESSIONAL. RECORD. JUNE 18, 

the court to make examination (at which examination the dofenda.nt or claimant or ills aa~nt may be present) of such entries in said book, invoice or paper as relate to or ~d to prove the allegation aforesaid, and may offer tho same in evidence on lJehalf of the United States. And the Senate agree to the same. That the House recede from its amendment to the thirteenth amendment of the 

Senate, and agree to said enate amendment. 

That the Senate recede from it twenty- ixth amendment ( trikin,!r out certain 

words) with an amendment, as follows: ·p~~e 7, line 13, after "court" in ert "or the jud"e thereof;" and the House agree to we same. That tbe Senate recede from its thirty-first amendment, striking out section 14, 

and arrree to the same with an amendment as follows: Strike out " been" in line 1, page 9 and insert "have lJeen ;" and the House agree to the same. That the House recede from its disagreement to the thirty-seconcl amendment, 

and agree to the same with an amendment as follows: Strike out "16" and insert 

"17 ;" and the Senate auree to the same. That the Hou e r ecede from ita disagreement to the thirty-third amendment of th ~ enate, and agree to the same with an amendment as follows: Strike out " 17" 

and insert "18;" and tho Senate agree to the same. That tho House recede from its amendment to the thirty-fifth amendment of the 

Senate, and a!!Tee to the same with an amendment a follows : Insert in li n of the 

words proposetl to be stricken out the following: SEC. 19. That it hall not be lawful for any officer or officers of tho Unitetl St3tes to compromise or abate any claim of the Unitell States arising nncler the customs laws for any fine, penalty, or forfeiture incurred by a violation thereof; an<l any 

officer or person who shall so compromise or abate any snch claim, or attempt to make such compromi e or abatement, or in any manner r elieve or attempt to roli ev~ 

from uch fine, penalty, or forfeiture, shall be deemed guilty of n. felony, and on conviction thereof hall suffer imprisonment not exceeding ten years and be fined not exceeding 10,000: Provided,, lwwever, That the Secretary of the Treasury shall 

have power to remit any fines, penalties, or forfeitures or to compromise the same in accordance with existing law . .And the Senate agree t.o the same. . That the Senate recede from its thirty-sixth amendment, with an amendment 

striking out "18" (the number of the section) aml inserting "20 ;" and the IIouse agree to the same. That the Housfl recede from its disagreement to the thirty-seventh amendment, 

and agree to the same 'vith an amendment M follows: Strike out "18" (the number 

of the ection) and insert "21;'' and the Senate agreo to tho same. That the House 1 cede from its amendment to the tbirt.y-oighth amendment, and 

agree to the same with an amendment as follows: Strike out "three" and insert 

"one;" and the Senate agree to the same. That the House receue from its disagreement to the thirty-ninth amendment, and 

agree to tho same with an amendment sb·iking ont " 19" (the number of the sec- tion) and inserting "22;" and the Senate a!ITee to the same. That the House recede from its amendment to the forty-fourth amendment, and 

agr e to the same with an am~ndment as follows: Insert in lieu of the words propo ed to be inserted by the Senate the following: SEc. 23. That in lien of the sal:1ries, moieties, and perquisites of whatever name or nature, and commissions on uisbursements, now paid to and r eueived by t ho collectors, naval officers. and surveyors cOJmected with the customs service ill tho sev- eral collection districts of the United State her einaft er named. there shall be paid, 

from and after the 1st day of July. 1874, an annual salary as follows: To the collector of the district of ~ ew York, ..,12,000. To the collectors of the districts of Boston auu Charlestown, Massachusetts, and 

Philadelphia, Pennsylvania, each $8,000. To t.he collectors or the districts of San Francisco, California, Baltimore, Maryland, and New Orleans, Louisiana, each 7,000. To the collector of the district of Portland and Falmouth, Maine, 6,000. To the naval officer for the district of New York, 8,000. To the naval officers of the districts ofBo ton and Charlest.own, Ma sachusetts, 

and San Francisco, California, and Philadelphia, P ennsylvania, each ~.ooo. 

To the surveyor of the port of New York, ,000. To the surveyors of the ports of Boston, Massachusetts, and San Francisco, California, and Philadelphia, Pennsylvania, each $5,000. And the Senate agree to the same. That the House r ecede from its disagreement to the forty-fifth amendment, and 

agree to the same with an amendment as follows: Strike out "21" (the 111.1mber of 

the ection) and in ert "24 ;" and the Senate agree to the same. That the Senate recede from its di agreement to the amendment of the Hou e to the forty-sixth amendment, and agree to the same with amendments as follows: 

Strike out "ten" in said amendment and insert "thirty;" also, strike out "2-2" (the number of the section) and insert "25 ;" and the House a!IToe to the same. That the Honse recede from its disagreement to the forty- eventh amendment, 

and agree t.o the same with an amendment as follows: Strike out all of said amend- ment and insert in lieu thereof the following: EC. 26. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed; that nothing herein contained shall affect existina rights 

of the United States; and in all cases in which prosecutions have been actually com- menced for forfeitures incurred, the Secretary of the Treasury shall have power to make compensation as provided in the fourth section of this act. to the persons 

who would under former laws have been entitled to share in the distribution of 

such forfeitures. 

And the Senate agree to the same. ELLIS H. ROBERTS, L . .A. SIIELDON, 

FERNANDO WOOD, 

ManagtSrs on the part of the House. 

JOHN SCOTT, T. F. BAYARD, ManagtSrs on the part of the Senate. 

The SPEAKER .. ,The -question recurs on the motion to adjourn. 

1\Ir. POLAND. I demand the yeas and nays ou that motJon. The SPEAKER. The rules require, even dming the pendency of a motion to adjourn, the reception of a conference r port, but the rule 

must be construed only to have the report come in and not to have 

it considered. The House will now determine whether it will adjourn 

or not. 

Mr. KA~SON. I hope there will be no objection to the motion 

being again submitted to the House without tellers and without the 

yeas and nays. . The SPEAKER. If there be no objection, that will be agreed to. There was no objection, and it was ordered accordingly. The House refused to adjourn. 

Mr. ELLIS H. ROBERTS. I demand the previous question on the 

adoption of the report of the committee of conference. :Mr. BECK. Does the gentleman only propose to take a vote on the 

adoption of the report of the committee of conference¥ · 

Mr. ELLIS H. ROBERTS. I do not propose to do more than demand the previous que tion and take the vote, unless some gentle- man may wish to ask a question in regard to the effect of tho 

adoption of the report of the committee of conference. 

Mr. BECK. I only propose to say while there are many thino-s 

here I am opposed to, yet I think it is the best thing we can get. o 

The previous que tion was seconded and the main question ordered; 

and under the operation thereof the report of the committee of con- ference was adopted. 

Mr. ELLIS H. ROBERTS moved to reconsider the vote by which 

the report of the committee of conference was adopted; and also 

moved that the motion to reconsider be laid on the table. The latter motion was agreed to. 

BENJAMIN W. REYNOLDS. 

Mr. HERNDON ubmitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on tbe bill (H. R. No. 2694) for the relief of Benjamin W. Reynolds, having met, after full r:: :i[";~s~~n~:rf~ll:~~~ve a.,areed to recommend, and do recommend, to their respectThat the House agree to the first amendment of the Senate to the said bill, and 

agree to the second amendment with an amendment, namely: Strike out of said 

second amendment the word "fifteen" and in lieu thereof insert the word "sixtyfive ; " and the Senate agree to the same. W. S. HERNDON, 

N . B. BRADLEY, 

J. ORR, Manaam·s on the part of the House. 

T. J . ROBERTSON, D . D. PRATT, 

T. M. NORWOOD, 

Managers on the part of the Setl.ate. 

Mr. HERNDON. I demand the previous question. 

The previous question was seconded and the main question orclered; 

and under the operation thereof the report of the committee of con- ference wa adopted. 1\fr. HERNDON moved to reconsider the vote by which the report 

of the committee of conference was adopted; and .also moved that 

the motion to recon ider be laid on the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

The SPEAKER. The pending question is on the motion of the 

gentleman from Vermont [Mr. POLM.J>] to go to the bu iness on the 

Speaker's table. 

Mr. WILSON, of Iowa. I move the House do now a-djourn. The SPEAKER. The motion to adjourn the Chair thinks is not in 

order, a one motion already bas been ma-de to adjourn pending the 

motion for no suspeosjon of the rules to go to the businel:ls on the 

Speaker's table, and under the rule only one motion to adjourn is in 

order pending a motion to suspend the rules. 

1\Ir. POLAND. And that motion was voted down. 

The SPEAKER. The Chair thinks the motion to adjourn is not in 

order. Mr. WILSON, of Iowa. The gentleman's motion to suspend the 

rules must have been by construction postponed while the report of 

the gentlemanfrom NewYork,[Mr. ELLIS H. ROBERTS,] from the com- mittee of conference, was being acted on. It is not possible for the 

House to act on two things at once. Mr. POLAND. We do it, though. It seems to me it is clear that 

this is no new proceeding. The conference report was interjected. The SPEAKER. There has been a rather peculiar series of events, 

but the Chair will show how it happened : Under the practice of the 

House reports of conference committees are received at any time, even during the pendency of a motion to adjourn or a motion to adjourn over. Therefore the Chair bad no election but to receive the reports 

of conference committees. Rule 161 says : 

Pendiu~ a motion to suspend the rules, tho Speaker may entertain one motion 

that the House do now adjou.rn; but after the result thereon is announced, he shall not entertain any other dllatory mot.ion till the vote is taken on suspension. 

Mr. POTTER. But, Mr. Speaker, pending the motion to adjourn 

the conference report came in. As I now understand the Chair, the 

Hou e was bound, even if objection should be made, to consider the 

conference report. But some gentleman did make the objection and 

the Speaker put the motion to adjourn. But we all understood that was a motion merely-- The SPEAKER. The gentleman from New York does not appre- hend the statement made by the Chair. The Chair has heretofore 

ruled that the highest privilege given to a conference report merely 

goes to its being read, not to its being debated; ancl as soon a the 

conference report wa read the Chair rose and stated that the vote on the motion to adjourn, on a divi ion, was 84 aye and 75 noes. It 

was then for the Hon e to determine whether theywould certifythat 

vote. There was a.n expression of opinion that it should be again 

submitted. The Chair submitted it, and by a large negative vote the 

Hou e refused to adjourn. 

1\Ir. G. F. HOAR. The conference report was voted on after the 

motion to adjourn was dispo ed of. 

The SPEAKER. Certainly; but if the motion of the gentleman 

from Vermont [1\fr. POLAND] is still pending-- 1\!r. G. F . HOAR. Will the Chair allow me a moment to complete 

my statement upon this pointY 

The SPEAKER. Certainly. 
• 

1874 . . CONGRESSIONAL RECORD. 5169 

Mr. G. F. HOAR. The conference report was voted upon. There was a little debate with the gentleman from Kentucky, [Mr. BECJr,] and 

the previous question was seconded on agreeing to the report. There was a debate and a vote. Now if that action was had in rega<rd to one conference report, it might be had in regard to two or three or more. 

The SPEAKER. Certainly; in regard to a hundred. 

Mr. G. F. HOAR. Does the Chair then rule that after a motion to 

suspend the rules has been made and a motion to adjourn has been 

voted down, ten successive conference reports may come in, be read, 

debated, have the previous question ordereu on them anu be voted on, 

and that the House cannot adjourn without disposing of that motion 

to suspend the rules 7 

The SPEAKER. What is suggested by the gentleman from Massachusetts [Mr. G. F. HoAR] does not present the slightest difficulty; 

because the House, if it wants to adjourn, need not second the motion 

to suspend the rules. It does not embarrass the House at all. 

Mr. G. F. HOAR. The House may not want to vote against the 

suspension of the rules, but may desire to adjourn and postpone the 

question as to the suspension of the rules till next day. 

The SPEAKER. This is a question which never before arose. But 

the Chair is always willing to rule in favor of au adjournment, although he believes that in doing so he rules against t.he literal mean- ing of the rule. The Chair will submit the question on the motion to 

adjourn in consideration of the fact that some misunderstanding has 

arisen in the minds of various members as to the true position of the 

pending question. 

The question being taken on the motion of :Mr. WILso~, of Iowa., 

that the House adjourn, there were-ayes 83, noes 92 . Mr. WILSON, of Iowa, called for tellers. 

Tellers were ordered. 

The House again divided; and the tellers reported-ayes 88, noes 73. 

Mr. PARKER, of Missouri, called for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 135, nays 88, not 

voting 66; as follows: 

YEAS-Messrs. Adams, Archer, Ashe, Atkins, Banning, Barber, Barrere, Barry, 

Bell, Berry, .Bland, Blount, Bromberg, Bnffinton, Burchard, Burrows, Benjamin F. 

Butler, Cain, Caldwell, Cannon, Cessna, Amos Clark,jr., John B. Clark, jr., Cly· mer, Stephen A. Cobb, Comingo, Conger, Cook, CottQn, Creruner, Crittenden, 

Crocker, Crooke, Crossland, Crounse, Da.rrall, Davis, Dawes, Eldredge, Giddings, Glover, Gooch, Gunter, Hamilton, Benjamin W. Harris, Henry R. Harris, Hatcher, 

John B. Hawley, Hendee, Hereford, E. Rockwood Hoar, George F. Hoar, Hol- man, Howe, Hunton, Hurlbut, Jewett, Kelley, Killinger, Knapp, Lamison, Le.:wh, 

Lowntles, Lynch, Magee, Martin, Maynard, Jmnes W. McDill, McLean, MciTiam, 

Milliken. Mills, Mom·oe, Moore, Myers, Neal Nuun, O'Brien, O'~eill, Orth, Packard, Phelps, Pierce, Pike, Thomas C. Platt, Potter, Pratt, Rainey, Randall, Ran- sier Read, Rice, Robbins, Ellis H. Roberts, James W. Robinson, Ross, Milton 

Sayier, John G. Schumaker, Henry J. Scutlder, Isaac W . Scndrler, Sener, ~ssions, Shanks, Sheldon, Sloss, Small, A. Herr Smith, George L. Smith, John Q. Smit-h, 

Southard, Speer, Spraguet.J?tone, Storm, Swann, Sypher, Christopher Y. Thomas, 

Tremain, Tyner, Vance, waldron. Wallace, Jasper D. Ward, Marcus L. Ward, 

Wheeler, Whitehouse1 Charles W. Willard, George Willard, Charles G. Williams, 

William Williams, Willie, Ephraim K. Wilson, .T.'liDes Wilson, Wolfe, and W ootl- ford-135. 

NAYS-Messrs. Albri~t, Arthur. Averill, Beck, Begole, Biery, Bowen, Bradley, Bright, Brown, Bundy, .Kotlerick R. Butler, Cason, Clements, Cobm·n, Corwin, 

Crutchfield, Donnan, Dunnell, Durham, Eames, Field, Fort, Foster, Gunckel, 

Hagans, Harmer, John T. Harris Harrison, Havens, Joseph R. Hawley, Gerry W. 

Hazelton, John W. Hazelton, HoJ.ges, Hooper, Hoskins, Houghton, Htmter, Hyde, 

HyneS;.._ Ka-sson, Keilo~~· Kendall, Lamport, Lawrence, Lawson, Lowe, Alexander 

S. MclJill, MacDouga.u, McJunkin, McNulta, Morey, Morrison, Nibla.ck, Niles, 

Orr, Packer, Hosea W. Parker, lsaa.c C. Parker, :I>arsons, Pendleton, Poland, 

Rapier, Ra.y, Richmond, Rusk, Sawyer, Henry B. Sayler, Sherwood, Sloan, Stanard, 

Staniliford, Starkweather, St. John, Stowell, Strait., Strawbridge, Thornburgh, 

Todd, Townsend, Wells, White, Whitehead, Whiteley, Whitthorne, Wilber, Wil· liam B. Williams. and John D. Younu-88. 

NOT VOTING- Messrs. AlbBrt '13arnum, Bass, Buckner, Burlei.,.h, Freeman Clarke, Clayton, Clinton L. Cobb, Cox, Curtis, Danford, DeWitt~ Dobbins, Duell, 

Eden, Elliott, Farwell, Freeman, Frye, Garfield, Eugene Hale, RobertS. Hale, Han- cock, Hathorn, Hays, Herndon, Hersey, Hubbell, Lamar, Lansing, Lewis, Lofland, Li>ughridge, Luttrell, Marshall, McCrary, McKee, Mitchell, Negley, "e· 

smith, P~e, Pelham, Perry, Phillips, James fi . Platt, Jr., Purman, William R. 

Roberts, James C. Robinson, Scofield, Sheats, Lazarus D. Shoemaker, Smart, H. 

Boardman Smith, J. Ambler Smith, \Villiam A. Smith, Snyder, St-ephens, Taylor, 

Charles R. Thomas, Waddell, Walls, John M. S. Williams, Jeremiah M. Wilson, 

Wood, Woodworth, and Pierce M. B. Young-66. 

So the motion was agreed to. 

Before the result of the vote was annotmced, 

The SPEAKER said: The Chair does not regard the point a.s of 

much practical importance, but he desires to say, in order that it may 

go into the RECORD, that in submitting this motion it was his Judgment that it was not in order. He submitted it rather than insist on his own construction of the rule, because there seemed to be a misunderstanding in the House' in regard to it. 

1\h. HAZELTON, of Wisconsin. I ask unanimous consent that 

this motion may be regarded as one for a recess instead of an ad- journment so ItS to save the session for this evening. 

Mr. SPEER. I object. 

The House (at three o'clock and twenty minutes p. m.) then adjourned. 

PETITIONS. 'ETC. 

The following memorials, petitions, and other papers were pre- sented at the Clerk's desk, under the rule, and referred as stated: 

By Mr. S~ITTH, of Pennsylvania : The petition of workingmen in 

324 

M:uietta Furnace, La.ncaster County, Pennsylvania, for the restoration of the 10 per cent. duty on iron and steel, and for free banking, 

to the Committee on Ways and Means. 

Also, the remonstrance of merchants, bankers, and business men of 

Lauca ter City and County, Pennsylvania, against the imposition of a tax of -to of 1 per cent. on sales of bullion, coin, stocks, bonds, and 

other securities, to the Committee on Ways and Means .. By Mr. Sl\fiTH, of Virginia: The petition of Mrs. Elizabeth Weaver, 

of Owl Run, Fauquier County, Virginia, for relief, to the Cornmittee 

on 'Var Claims. 

By Mr. YOUNG, of Kentucky: The petition of G. H . Wornok, John 

Doty, C. Culbertson, B. L. Biggs, David Williams, John· Kidd, Charles 

Boss, William J. Wilson, and a large number of other workingmen in 

the Buffalo and Laurel Furnace Works in Greenup County, Kentucky, 

for the restoration of 10 per cent. of duties on iron, steel, &c., for free 

banking, and for such protection by Congress as will relieve the dis- tressed condition of the workingmen of the country, to the Committee on Ways and Means. 

IN SENATE. 

FRIDAY, June 19, 1874. 

The Senate met at eleven o'clock a. m. Prayer by the Chaplain, Rev. BYRON SuNDERLAND, D. D. The Journal of yesterday's proceedings wa-s read and approved. 

NEVADA COUNTY NARROW-GAUGE RAILROAD. 

The PRESIDENT p1·o ternpm·e laid before the Senate the bill (H. R. No. 3309) granting to the Nevada County Narrow-Gauge Railroad 

Company a right of wa.y through the public lands for a railroad. Mr. SARGENT. That same bill wa.s reported favorably as a Senate 

bill by the Committee on Railroads of the Senate and has been on the Calendar for some time. It is a local road, twenty miles long 

only, in my own county. I a.sk that the bill may be passed by tmani- mous consent. 

The bill was read· three times, and passed. 

PETITIONS AND MEMORIALS. 

:i\h. MERRIMON. I ask leave to call up a House bill. 

Mr. EDMUNDS. I call for the regular order. 

The PRESIDENT pro tempore. Petitions and memorials are in 

order. 

:i\h. WASHBURN presented resolutions of the Legislature of Massachusetts, in favor of the abolition of the law concerning compulsory 

pilotage at Hell Gate; which were referred to the Committee on Commerce. 1\ir. BOGY presented five petitions of merchants, importers, bank- ers, and business men of Saint Louis, Missouri, protesting against the 

passage of the twenty-ninth section of the tariff bill which imposes a tax of io of 1 per cent. on all sales of stocks, bonds, gold and silve.r 

bullion, coin, and other securities; which were referred to the Com- mittee on Finance. :i\h. SCHURZ presented the petition of Rob. zum Hagen, M. D., of 

Saint Louis, Missouri, praying an amendment to the homestead law; 

which was referred to the Committee on Public Lands. 

Mr. JOHNSTON. I ask unanimous consent to consider a bill-- Mr. ANTHONY. I rise with a report. The PRESIDENT pro tempore. That is in the nature of an objection. If there be no further petitions, reports of committees are in 

order. The PRESIDENT pro ternpo-1'e presented a resolutionof the Legisla- ture of West Virginia in favor of a geological survey of West Virginia by the Government of the United States; which was referred 

to the Committee on Public Lands. 

REPORT ON CUSTOMS A D TARIFF LEGISLATION. 

Mr. ANTHONY. The Committee on Printing, to whom was re- fen·ed a resolution of the House of Representatives to print copies of 

the report of the Chief of the Bureau of Statistics, have instructed me to report ba-ck the same with an amendment. The amended reso- lution strikes out all copies for the use of Congress and limits it to one thousand for the use of the Department. By unanimous consent, the resolution was considered. 

The amendment of the Committee on Printing was to strike out 

"five thousand copie , three thousand for the use of the House of 

Representatives, one thousandforthe Senate and," andstlike out the 

words" and distribution by;" so as to make the resolution read: 

Resolved, (the Senate concurring,) That there be printed Qf the special report of 

Edward Young, Chief of the Bureau of Statistics, on customs and tariff legislation of the United States, with the appendices, including the tariff aots approved re- spectively May 1, 1872, and June 6, 1872, and a ta.bular statement of the rates of 

duties under said acts and other statutes now in force, one thomsa.nd bound copies 

for the use of the Treasury Department. 

The amendment was agreed to. 

The resolution, as amended, wa-s agreed to. 

COAST SURVEY REPORT. 

Mr. ANTHONY. I am instructed by the same committee to report 

back the resolution for printing the Coast Snrvey 1·eport. In accord-