\ 

1888. -cONGRESSIONAL RECORD-HOUSE. 122~ 

Sena Gidley, to be postmaster at Malvern, in the county of Mills 

and State of Iowa. 

Hull Hoagland, to be postmaster at Emmetsburgh, in the county of 

Palo Alto and State of Iowa. 

Amos H. Kisner, to be postmaster at Mason City, in the county of 

Cerro Gordo and State of Iowa. 

Thomas C. Medary, to be postmaster at Waukon, in the county of 

Alamakee and State of Iowa. 

Newton S. Noble, to be postmaster at Anamosa, in the county of 

Jones and State of Iowa. 

William C. Swigart, to be postmaster at Maquoketa., in the county of 

Jackson and State of Iowa. 

Henry Slikkerveer, to be postmaster at Orange City, in the county 

of Sioux and State of Iowa. 

Jonathan B. Stutsman, to be postmaster at Harlan, in the county of 

Shelby and State of Iowa. 

JosephS. Lake, to be postmaster at Marion, in the county of Linn 

and State of low~. 

Emory J. Landers, to be postmaster at Imlay City, in the county of 

Lapeer and State of Michigan. 

J. I. McConnell, to be postmaster at Woodland, in the county ofYolo 

and State of California. 

Charles P. Bilderback, to be postmaster at Boise City, in the county 

of Ada and Territory of Idaho. 

Dennis O'Brien, to be postmaster at Willmar, in the county of Kandiyohi and State of Minnesota. 

0. A. Traugh, to be postmaster at Hollidaysburgh, in the county of 

Elair and State of Pennsylvania. 

Charles J. Harrison, to be postmaster at Wahoo, in the county of 

Saunders and State of Nebraska. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, February 15, 1888. 

The Clerk, Hon. JOHN B. CLARK, called the House to order and 

directed the reading of the following letter: 

Bon. JoHN B. CLARK, 

WASHINGTON, Febn.w.1-y 15, 1888. 

Clerk of House of Representatives: 

Sm: Mr. S. S. Cox is designated to ad as Speaker for this day. 

JOHN G. CARLISLE, Speaker. 

Hon. S. S. Cox took the chair as Speaker pro tempore. 

Prayer by Rev. Dr. BRUSH, president of Dakota University. 

The Journal of yesterday's proceedin~ was read and approved. 

. ,BAGADUCE RIVER. 

The SPEAKER pro tempore laid before the House a letter from the 

Secretary of War, transmitting, with a letter from the Chief of Engineers, a report of the examination and survey ofBagaduce River Maine· 

which was referred to the Committee on Rivers and Harbors' and or~ dered to be printed. ' 

LOTS IN DULUTH. 

The SPEAKER pro tempore also laid before the House a letter from 

the Secretary of War, with inclosures, in relation to the proposed accept- ance by the United States of a deed tendered by the city of Duluth of 

certain lots in that city for purposes of navigation and commerce· which was referred to the Committee on .Rivers and Harbors, and ord~red to 

be printed. 

SURVEYS OF THE MISSISSIPPI RIVER. 

The SPEAKER pro tempore also laid before the House a letter from 

the Secretary of War, transmitting, with a letter from the Chief of Engineers, reports of examinations and surveys of the Mississippi River 

between St. Paul and St. Anthony's Falls, and of the Red River of the 

North from Morehead to Fergus Falls; which was referred to the Committee on Rivers and Harbors, and ordered to be printed. 

PUBLIC BUILDING, PORTLAND, OREGON. 

The SPEAKER pro tempore also laid before the House the following 

Senate bills; which were severally referred as follows: 

The bill (S. 20) to provide for the construction of a public building at 

Portland, Oregon-to the Committee on Public Buildings and Grounds. 

The bill (S. 416) for the relief of Mrs. Harriet H. Robinson-to the 

Committee on Claims. 

The bill (S. 424) rela:ting ~ lands in ~lorado lately occupied by the 

Uncompahgre and Wh1te R1ver Ute Indians-to the Committee on Indian Affairs. 

The bll! (S .. 601) to authorize purchasing additional ground inN ewark, 

~· J., adJolDlllg the cu~to?I-house and post-office building, and forthe 

unprovement of the building thereon, and for the erection of additions 

thereto-to the Committee on Public Buildings and Grounds. 

A. B. NORTON. 

The SPJ<?AKER pro tempore also laid before the House a bill (S. 1071) for the rehef of A. B. Norton. ' 

Mr. ABBOTT. M:r. Speaker, I ask unanimous consent that that bill 

be taken up and put upon its passage. It has been favorably and 

unanimously reported by the Committee on Claims. 

Mr. HOLMAN. I suggest that the bill and the report be read. 

The bill was read, as follows: 

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, au- thorized to pay, out of any money in the Treasury not otherwise appropriated, to A.. B. Norton, late postmaster at Dallas, Tex., the sum of $1,853, being the amount paid by him involuntarily, under protest and moral duress, to the inspectors of the Post-Office Department in the year lf!l7, on account of certain 

money-order remittances made by the postmasters at Cleburne and Granbury, 

Tex. 

The SPEAKER pro tempore. Is there objection to the request of the 

gentleman from Texas? 

Mr. HOLMAN. I should like to hear the report read, Mr. Speaker, 

reserving the right to object. 

Mr. ABBOTT. I should be pleased to have the report read. 

Mr. LANHAM. The report is quite long. 

Mr. HOL1t1AN. If the report is long perhaps the gentleman from 

Texas had better make a statement of the case. Mr. ABBOTT. Tbecircumstancesofthe case are these. During the 

summer of 1876 Air. Norton, who was postmaster at Dallas, Tex., obtained leave of absence from the Postmaster-General and was traveling 

in theN orth, and during his absence certain registered packages passing 

through his office were lost-at least one of them was traced to his office; 

the other two were not. Those packages were lost. The Post· Office inspectors were sent down and they examined into the matter, and Mr. 

Norton paid over this money to the inspectors, but he made the payment 

under protest, and he received a receipt which is set forth in the report, 

and which I shall be glad to have the Clerk read. That receipt shows 

that the payment was a conditional one. Ur. LANHAM. In addition to what my colleague has stat-ed, I desire to say that this bill passed the Senate at the last Congress, and 

was favorably reported from the Committee on Cla.ims in that Congress. It has been unanimously reported by the same committee this 

Congress. I have very fully and thoroughly investigated the case, and 

I have no doubt whatever that the bill is a meritorious one. The SPEAKER Jlro tempore. Is there objection to the present consideration of this bill? 

There was no objection. 

The bill was ordered to a third reading; and it was accordingly read 

the third time, and passed. 

Mr. ABBOTT moved to reconsider the vote by wliich the bill was 

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

table. 

The latter motion was agreed to. 

SENATE BILLS REFERRED. 

The SPEAKER pro tempore also laid before the House the following 

Senate bills; which were severally referred, as follows: 

The bill (8.1103) to provide for an Indian school at Carson City, Nev.-

to the Committee on Indian Affairs. - The bill {S. 937) for the relief of David L. Brainard and others-to the 

Committee on Military Affairs; and -

The joint resolution (S. 35) appropriating $10,000 for the subtropical 

exposition at Jacksonville, Fla.-to the Committee on Appropriations. 

LEAVE OF .ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. CARUTH 

for :five days, on accountofimportant business. 

WITHDRAW .AL OF PAPERS. 

By unanimous consent, Mr. PHELAN obtained leave to withdraw 

from the :files of the House the papers filed by Mrs. E. E. Carter in 

connection with the bills H. R. 5493 and 5492, one granting a pension 

and ·the other for her relief. 

BEET-SUGAR CULTURE IN CALIFORNIA. 

1rir. MORROW presented the report of a committee on beet-sugar 

culture in California, adopted by the Chamber of Commerce of San 

Francisco; which, by unanimous consent, was ordered to be print-ed in 

the RECORD. _ 

It is as follows: 

Report of committee on beet-sugar culture in California, adopted by the Chamber of Commerce of San Francisco, in special session, February 2, 1888. 

RESOLUTIONS. 

Wher~as ~he P';lblic mind is now directed t~ the possibilities of beet-root sugar pr?ducho~ m th1.s col!-ntry, and c.onfidence lS ~xpressed in the adaptability of 

BOll and climate m th1s State particularly to th1s culture, and large expectation is excited in respect to the benefits that would accrue by development of this 

industry, the fa~t remains that it is .still in an experimental stage, and can not therefore be relied on as an ascerta.med source of sugar supply for immediate 

requirements, either for loca.l consumption or for shipment; and · Whereas it has been suggested that a.n appeal to Congress for a. bounty on beet-root sugar would tend to largely stimulate beet-root producers and en- courage capital to invest in beet-root sugar factories in California. and through- out the country; and _ 

Whereas this is a. step in the reduction of the duty on importations into the 

United State.s of foreign sugar, and therefore points in the direction of free trade 

which w~ regard as da~gerous to the best i?terests of the country at this time: 

!lnd partic~ly ~ena.crng to .the commercuu growth of San Francisco, in that It would senously mterfere w1th the large trade that has been built up between 

this port and the Hawaiian Kingdom; and 

Whereas we believe the introduction of a. free-trade policy would be an act of 

bad faith to the country now enjoying the benefits of a. treaty of reciprocity with 
• J 

1226 CONGR.ESSIONAL RECORD-HOUSE. FEBRUARY 15, 

this country, which haa recently been renewed for a period of seven years; 

and 

Whereas the principle of free trade is not in harmony with the sentiment of 

the best thought of t-he people of the United States, and would cripple, if not destroy, many important manufacturingindustriestbathaveto contend against the underpaid labor of foreign countries; and w ·hereas an effort to bestow a bounty on one industry would be opposed by others equally entitled to protection and encouragement, and the effort would 

therefore result in failure in the one instance or in the granting of a bonnty to all, which would for the time unsettle values and work great injury to the com- mercial and manufacturing interest; and 

Whereas the Southern sugar-producing States are equally interested in con- tinuing the present tariff on sugar imported into this country, and are entitled to consideration at the hands of Congress in the settlement of this vital question; and 

Whereas all persons best informed on the beet-sugar question agree that the 

best possible encour!lgement this industry can have is a continuance of the pres- ent tariff on foreign sugars, and that a reduction of this duty will prevent further development for many years of the beet-sugar industry in California: 

Tlierefore, Be it resolved, That the Chamber of Commerce of San Francisco regards the 

proposition to fix a bounty on beet-sugar produced in the United States at the 

present time unnecessary, and strongly urges Congress not to make any change in the present tariff in respect to the article sugar. Resolved, That the proposition of a bounty, as suggested at this time, is a dangerous one in that it contemplates a policy which is not likely to be permanent enough to give sufficient assurance to capitalists, who are now disposed to in- vest money in manufactures, to warrant them in making such investments, and 

in developing manufacturing industries. 

H.esolved, That we regard it as unwise and dangerous to introduce any policy in the revenue system of the United States which departs so radically from the 

policy which has made our country one of the strongest nations in the wor_ld, 

politically and financially, and under which a development unknown in the 

history of nations has been experienced. · Resolved, That the Pacific coast delegation in Congress, and particularly the 

del egation from this State, be urged to use all possible means ·to defeat any ac- tion in Congress which contemplates a change in the present duty on sugar and 

the establishment of a bounty system. Resolved, That the lumber, fruit, wine, wool, and other important intet·ests of 

the Pacific coast are equally interested in maintaining the present tariff, and are urged to unite with the chamber in a firm and vigorous vrotest against the 

reductions suggested, which threaten to destroy these large interests. 

A true copy . 

IRA P . RAJ.'nCIN. 

FRED A. GIBBS. W. H . DIMOND. 

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

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

passed. 

Mr. LAFFOON moved to reconsider the vote by which the bill wM 

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

table. · 

The latter motion was agreed to. 

FEDERAL JUDGMENTS -As UENS ON REAL ESTATE. 

1\Ir. ANDERSON, of Iowa, presented a joint resolution of the General Assembly of Iowa as to when Federal judgments shall constitute 

a lien on real estate; which was referred to the Committee on the 

Judiciary, and ordered to be printed in the RECORD. It is as follows: 

Joint resolution No.3. 

Be it resolved by o~e General Asse:mbJy of the Slate of Iowa, That our representatives in the Senate and House of Representatives in Congress be requested to use their efforts to secru-e the passage of a. bill which shall require that beforejudg· ments rendered in the Federal courts sitting in the State of Iowa. shall become 

liens upon I'eal estate transcripts thereof shall be filed with the clerk of the court in the county where the real estate is located and be properly indexed. 

Approved February 9, 1888. 

I hereby certify that the foregoing joint resolution passed the senate and the 

bouse of representatives of the Twenty·second General Assembly of the State 

of Iowa. 

(SEAL.] 

PENSIONS. 

FRANK D. JACKSON, 

Secretary of State. 

Mr. ANDERSON, of Iowa, also presented a resolution adopted by 

the Republican Club of Creston, Union County, Iowa, favoring a measure granting to each Union soldier who served in the war with Mexico 

or in the war of the rebellion a pension on the sole condition of an 

honorable discharge; which was referred to the Committee on Pensions, 

and order to be printed in the -RECORD. It is as follows: 

Be it resolved by the Republican Club of the city of Creston, Union County, Iowai 

That while we recognize the importance of such legislation by our Nationa 

Congress as shall foster and protect the agriculturn.l, manufactural, and com- mercial interests of the country, yet, in view of the inestimable services ren- WILLIAM L. 1\IERRY, President. dered by our citizen soldiers on lQ.nd and sea. to our nation in the hour of her 

[SEAL.] THOS. J. HAYNES, Secretary. greatest need, we deem it a. duty which the nation owes to these her heroic deAttest: 

UNITED STATES COURTS AT OWE TSBOROUGH, KY. ~~~~eun}~!ts~Mi~o:;Je:il~~~~~:~~e: e~~:~~ ~~~e ~~e;ifueJ:ri~~~~ ~~ 1\fr. LAFFOON. Mr. Speaker, I ask unanimous consent to take from the war of the rebellion Ia pension upon the sole condition that aid soldier or 

h C I d h bill (H R 3361) 'd h ld' sailor was honorably discharged from ss,id service. t e a en ar t e · · to prov-1 e for 0 rng terms of the Be it fttrther 1·esolved, That a copy of these resolutions be forwarded to our repUnited States courts at Owens borough, Ky., and to put it upon its pas- resentatives in Congress, and they be hereby requested to do all in their power 

sage. The bill does not carry any money. to have such measure passed at this session of Congress. 

The bill was r ead, as follows: INTERNATIONAL COPYRIGHT. 

Be it e-nacted, etc., That the territory embraced within the following counties I AND ·~oN f I I '-~d th t'ti f th ~ in said district, to wit, Daviess, Henderson, Union, Christian, Todd, Hopkins, !lfr. . ER-o , 0 owa, a so presen&A;; . e pe 1 on 0 . e ~acul.ty Webster, McLean, Muhlenberg, Logan, Butler, Grayson, Ohio, Hancock, and of Amity College, Page County, Iowa, fa-vorrng fuller secunty to lit- B;e!!~ridge •. sha~l h_ereafter constitute and be kn?wn. as the 9w~nsborough erary property and askincr tUe speedy enactment of an international 

div1s1on of smd dtstnct; and regular terms of the CJrcmt and dJstrlCt courts of . · 0 fi d to h C ·t~~ p te the United st,,t~s fot: sai~ .~strict s~a~ be held' semi-annually in the city of copynght law; >,VhiCh .was re erre t e. omnn ~e on a nts, and 

Owensborough, 1n smd dtVlston, beg1nnmg on the-- Monday in--and ordered to be prrnted m the RECORD. It IS as follows: 

the --Monday in--, and continuing at each term for--judicial days, 

if the business shall require it; and the judges of said courts shall have the same power to call special terms in said division as they may now do under the laws 

of the United States elsewhere in said district. 

SEc. 2. That the said courts so sitting at Owensborough shall have aud exer- cise the same jurisdiction, power, and authority in all civil actions pleas, or proceedings, and in all prosecutions, informations, indictments, or other criminal or penal proceedings, conferred by general laws on the district and circuit courts of the United States; and where one or more defendants in any civil cause shall reside in said division, and one or more defendants to such cause shall reside out of said division but in said district, then the plaintiff may insti- tute his action either in the court having jurisdiction over the latter or in the 

said division. 

SEC. 3. That in aud for said division the clerk of the said district, at Louisville, 

shall appoint a deputy who shall reside at Owensborough, and in case of the 

death or removal of said deputy, or from other cause, it becomes necessary, he 

shall appoint a successor or successors to said deputy in like manner in all re- spects as by law he may now appoint and remove deputies; and he may require 

bond of said deputy to himself, with surety for the faithful discharge of his duties and for indemnity in case of breach, on which actions may be maintained 

in said district court; aud said deputy shall keep and preserve the records of 

the court at Owensboro ugh; issue all writs, precepts, and process, and perform all other duties devolved upon his principal. 

SEc. 4. That the marshal of said district shall, by himself or deputy, attend 

upon the terms of the court in said division; and he may appoint a deputy to reside at Owensborough (and shall do so if ordered by the court), who shall 

discharge all the duties of marshal; and the marshal may require a bond of indemnity to himself, similar to that re~rred to in the last section. SEC. 5. That this a~t shall not affect the jurisdiction, power, and authority of_ the court as to actions, prosecutions, and proceedings already begun and pend- in·g in said district, but the same will proceed as though this act bad not been passed, except that the court shall have power, which it may exercise at discretion, to transfer to the court in said division such of said pending actions, and so forth. as might properly be begun therein under the provisions of this act. SEC. 6. That until the public building of the United States at Owensboro ugh, the erection whereof bas been provided for by an actoftbe present session of Congress, shall have been completed, tbecourtshereinprovided forshall be.held at the court-house of Daviess County; and the deputy clerk shall provide himself 

with ah officer at Owensborough, but in no event shall the United !States be 

chargeable with rent or otherwise on account of either. 

The Committee on the Judiciary recommended amendments as follows: 

Section 1, line 11, insert before the woTd ''Monday" the word " fourth;'' same line, after the word "in," insert the word "January;" same line, before the 

word "Monday," near the end of the line, insert the word "first." 

Section l,line 12, n.t the beginning of the line, before the word" and," insert 

the word ''June;" same line, before the word "judicial," insert the word 

"eighteen." 

The amendments were agreeQ. to. 

To the honorable the Senate and Hou,se of Jlepl'esentatives of the United States: 

'Ve, the undersigned, member!!l of the faculty of .Amity College, at College Springs, Iowa, believing that both justice and expediency demand fuller security for literary property, hereby petition your honorable bodies for the speedy en- actment of an international copyright law. 

T. J. KENNEDY, President, , HE :rRY A VERY, Projesso1· Ein.glish .Literature, 

ELEANOR F. KRAIGER, Didactics and History, JOHN 0. TAYLOR, Mathematics, C. 0. WOODMANSEE, Commercial. Department, S. S. MAXWELL, Natural Science, 

EMMA W. NELSON, Music, 

AU of College Spr-ings, Iowa. 

GREER COUNTY, TEXAS. 

:Mr. LANHAM. I ask unanimous consent that the Committee of the 

Whole House on the state of the Union be discharged from the further 

consideration of House bill No. 4375, and that it now be considered in 

the House as in Committee of the Whole. 

The SPEAKER p1·o tempore. The gentleman from Texas [Mr. LANHAM] asks unanimous consent to have considered in the House at the 

present time the bill which will be read. 

Mr. REED. I respectfnlly suggest that recognitions for unanimous 

consent ought to take place with reference to the <}ifferent sides of the 

House. 

The SPEAKER pro tempore. The Chair was undertaking to do that. 

Mr. REED. I do not see that it has been done. 

The SPEAKER pro tempore. The Chair recognized the gentleman 

from Iowa [Mr. ANDERSON] and then turned to the other side. 

:Mr. REED. The gentleman from Iowa is not on our side of the 

House. 

The SPEAKER pro tempore. The Chair will endeavor to observe 

fairly the practice in this regard. The Chair will state that on the list 

of members for recognition the gentleman from California [Air. FELTON] was next, but the Chair did not se~ that gentleman ~m the floor. 

Mr. REED. I think that by some acmdent the rule which has heretofore obtained in the Honse in regard to this matter has not been -very 

well observed. 

The SPEAKER pro tempore. There is nothing in the rules on the 

subject. The Chair will endeavor to be fair. 

Mr. FELTON. I did not desire to be recognized this morning. 
1888._ CONGRESSIONAL RECORD~HOUSE. 1227 

The SPEAKER pro tempore. The Chair understood that the gentleman did wish Teco!mition. 

Mr. DORSEY: 1 was to take the gentleman's place on the list. 

The SPEAKER pro tempore. The Chair was not aware of that. The 

gentleman from Texas [Mr. LANILU.I] asks nnanimous consent for the 

consideration of the bill which will be read, the right to object being 

reserved. 

The Clerk read as follows: 

A bill (H. R. 4375) to create a board of arbitration to settle and determine the controve1·sy between the United States and the State of Texas relating to cer- tain territory by them respectively claimed. 

Whereas a controversy exists between the United States and the State of Texas over the title to tJ;tat territory lying between theN orth and South Forks of Red River, east of the one hundredth degree oflongitude, the same being designated on the maps of Texas as Greer County ; and Whereas all efl:'orts heretofore made by and between the United States and the St.ate of Texas for a settlement of said controversy have failed; and Whereas it is desirable that said conflicting claims should be finally settled and determined : Therefore, 

Be it enacted by the Senate and House of .Representatives of the United States of _ America in. Cknogress assembled, That a board of arbitration be, and the sam~ is hereby, created for the purpose of deciding said controversy and finally deter- mining the ownership of said territory. SEC. 2. That said board of arbitration shall consist of five persons, who shall be learned in the law, two of whom shall be appojnted by the President of the United States, two by the governor of Texas, and the fifth, who shall be the chief-justice or governor of some one of the States other than Texas, shall be agreed upon and appointed by the President of the United States and the gov- ernor of Texas. SEc. 3. That said board of arbitration shall meet at such place or places as may be designated by a. majority of itsmembets, and shall have full authority to send for persons and papers, to administer oaths, and to hear and receive testimony in behalf of the respective claims of the United States and the State of Texas, 

including any evidence heretofore taken and received by the Joint Boundary 

Commission, under the net of Congress approved January 31, 1885, and to thoroughly investigate and decide said controversy, to the end that it may be defi nitely settled and determined whether said territory belongs to the United States or the State of Texas. SEC. 4. That said board of arbitration shall be appointed and enter upon the work hereby a signed them as early as practicable after the passage of an act of similar import to this by the Legislature of the State of Texas, and shall ren- der their decision as soon as the importance of the issue and a proper investi- gation thereofwilljustify, and when said decision is rendered the same shall be by said board of arbitration certified to the President of the United States and the governor of Texas, and shall be recorded in the· respective general land offices of the United States and the State of Texas, and said decision shall be final and decisive of said controversy. SEc. 5. That the sum of 510,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, to de- fray the expenses and for compensation of those members of said ·board of ar- bitration appointed by the President: Pl·ovided, That the State of Texas shall pay a sum equal to that paid by the United States as compensation for that mem- ber of said board jointly appointed by the President and governor of Texas. SEo. 6. That this act shall take effect and be in force as soon as the Legisla- ture of Texas shall pass an act in accordance herewith. 

The amendments reported by the Committee on the Judiciary were as follows: 

In line 2, section 2, strike out " five" and insert "three," and strike out " two" and insert "one." · In line 4, section 2, strike out " two" and insert " one," and strike out "fifth" and insert" third .. " 

Mr. ADAMS. Mr. Speaker,howdoesthisbillcomeup? Has unani- mous consent been given for itB consideration? 

Mr. LANHAM. I have asked unanimous consent for its consideration. 

Mr. ADAMS. Ha.s it been granted? 

The SPEAKER pro tempore. It hasnotbeen. Is there objection to 

the consideration of the bill? 

Mr. ADA1tf.S. I will say to the gentleman from Texas that, while 

I have no objection to the passage of some measure which shall effect 

the purpose contemplated by this bill, I would greatly prefer a bill 

providing for the settlement of this controversy in the Supreme Court 

of the Unit¢ States, where"! think it ought to be and can properly be 

settled. When this report was made I reserved the right to dissent, 

intending, if I had the time (and I did not suppose the bill would be 

called up so soon), to try to examine the original case of the State of 

Georgia, which came up before the adoption of the amendment of the 

Constitution, in order to see whether that might not be a precedent in 

this regard. 

Mr. LANHAM. I will say to the gentleman that there seems to be some doubt whether there is constitutional authority to create a court 

to decide this question or to confer jurisdiction authorizing the State 

of Texas to sue the UnitedStatesortbe United States to sue the State. 

This matter bas received careful consideration, I take it, at the hands 

of the Judiciary Committee. The question is very important, and it 

is exceedingly desirable that it should be speedily settled. The controversy is one of long standing. In 1886 a commission was appointed 

by the President which went down to the State of Texas and, co-operating with a commission on the part of the StateMr. ADAMS. I am aware of that: and that commission failed simply because it was a commission. We should have had the ca.c;e settled 

now ifit had gone into the Supreme Court of the United States. 

1\Ir. LANHAM. In the bill, however, now recommended bv the Judiciary Committee it is proposed there shall be three arbiterS-one to 

be selected by the President of the United States, another by the gov- ernor of Texas, and a third by the President and governor acting jointly. 

These arbiters are to be men learned in the law--

Mr. ADAMS. I am aware of that. 

1\Ir. LANHAl\I. And it is believed this measure offers a greater hope 

of speedy settlement than any other bill that could possibly bedraughted. 

Besides, the matter will go to the Judiciary Committee of the Senate, 

where it can be further deliberated upon and investigated. It is well 

known how difficult it is to get consideration of bills here. What we 

seek to do, so far as Texas is concerned, is to put an end to the controversy as soon as possible. I trust the gentleman from illinois will not 

object. 

There are some four or five thousand people living in what is known as Greer County, Texas. It is regularly organized as aoeounty, and the 

civil and judicial machinery of the State government is in operation 

there. But it is claimed by some on the part of the United States that 

this county is a part of the Indian Terri tory, w bile it is earnestly a....c:serted 

by Texas that it belongs to that State. We hope, by the creation of 

this board of arbitration, to have the matter settled fairly and finally. 

l\IT. ADAJ\IS. Although I have grave doubts whether we ought to 

pass this bill until it is shown that a better mode of procedure can not 

be framed, I withdraw my objection, simply because of my unwilling- ness to object to anything which all the rest of the House agrees to con- sider. 

The SPEAKER pro tempore. Is there objection to the consideration 

of this bill in the House? 

Mr. REED. It is understood, I believe, that the words "or governor" are to be stricken out. 

Mr. LANHAM. In order to obviate one objection, it bas been suggested by the gentleman from Maine [Mr. REED J that in line 5 of sec- tion 2 the words "or governor" be stricken out. I am disposed to 

agree to that proposition, so that the umpire will be the chief-justice 

of some State other than the State of Texas. 

I\fr. OATES. The Judiciary Committee were not unanimously of 

opinion that those words should be retained in the bill; hence it would 

be best, perhaps, that the amendment now suggested be adopted. 

Mr. CULBERSON. While I have no authority to speak for the Judiciary Committee on this subject, I have some knowledge of the views 

of individual members upon the proposition made by the gentleman 

from Maine; and I think it will meet their approbation if this amendment be ·adopted. Mr. LANHAM:. Then, Mr. Speaker, let that amendment be made. 

The SPEAKER pro tempore. Is there objection to the consideration 

of this bill? The Chair hears none. The question is on the amendments. 

Mr. LANHAM. Let the question be taken on the amendment just 

suggested as well as those proposed by the committee. 

The SPEAKER pro tempore. If there be no objection, the question 

will be taken on the amendments together. 

There was no objection. 

The amendments were agreed to. 

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

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

passed. 

llir. LANHAM 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. 

REPORTS FROM COIDIITTEES. 

The SPEAKER p1·o tempore. Committees will now be called for re- ports. 

ANNULMENT OF TEXAS TITLES. 

Mr. CULBERSON, from the Committee on the Judiciary, reported 

back favorably the bill (H. R. 1887) to annul certain titles to land ac- quired by judicial proceedings in the courts of the United States in 

Texas, and for other purposes; which was referred to the Committee of 

the Whole House on the state of the Union, and the accompanying re- port ordered to be printed. 

SOUTHWESTERN ARKANSAS AND INDIAN TERRITORY RAILROAD. 

Mr. CRISP, from the Committee on Commerce, reported back with 

amendment the bill (S. 322) to authorig;e the Southwestern arkansas 

and Indian Territory Railroad Company to build a bridge across the 

Ouachita River in Arkansas; which was referred to the Committee of 

the Whole House on the Private Calendar, and the accompanying re- port ordered to be printed. 

REV~'"UE-CUTTER FOR CHARLESTON, S. C. 

Mr. PHELAN, from the Committee on Commerce, reported back 

favorably the bill (H. R. 1818) for construction of a revenue-cutter for 

Charleston, S. C., in maintenance of the service, to replace the United 

States revenue-cutter M:cCulloch; which was referred to the Committee of the Whole House on the state of the Union, and the aecompanying report ordered to be printed. 

BRIDGE ACROSS TENNESSEE RIVER. 

Mr. PHELAN also, from the Committee on Commerce, reported back 

favorably the bill (H. R. 1076) authorizing the construction of a bridge across the Tennessee River at Chattanooga, Tenn.; which was referred 

to the Committee of the "Whole House on the Private Calendar, and the 

accompanying report_ ordered to be printed. 
1228 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

BUREAU OF PUBLIC HEALTH. 

Mr. DAVIS, from the Committee on Commerce, reported back with 

amendment the bill (H. R. 1526) to prevent the introduction of contagious and infectious diseases into the United States, and to establish a bureau of public health; which was referred to the Committee of the 

Whole House on the state of the Union, and the accompanying report 

ordered to be printed. · 

KANSAS CITY AND PACIFIC RAILROAD COMPANY. 

:Mr. PERKIN.il, from the Committee on Indian Affairs, reported back 

with amendment the bill (H. R. 3359) to grant the right of way to the 

Kansas City and Pacific Railroad Company through the Indian Territory, and for other purposes; which was referred to the Committee of the 

Whole House on the Private Calendar, and the accompanying report 

ordered to be printed. 

MOORHEAD, LEECH L.AK.E • .AND NORTHER~ RAILWAY COMPANY. 

lli. NELSON, from the Committee on Indian Affairs, reported back a bill {H. R. u650) granting the right of way through certain Indian 

lands in the State of :Minnesota to the Moorhead, Leech Lake and 

Northern Railway Company; which was laid on the table. 

Mr. NELSON also, from the Committee on Indian Affairs, reported 

a bill (H. R. 7261) granting the right of "ay through certain Indian 

lands in the State of MinnesotatotheMoorhead, LeechLakeandNorther:n Railway Company; which was read a first and second time, referred 

to the Committee of the Whole House on the Private Calendar, and the 

accompanying report ordered to be printed. 

SOLDIERS' MONUMENT, ROCKLAND, 1\!E. 

1\Ir. MILLIKEN, from the Committee on Public Buildings and 

Grounds, reported back favorably the bill {H. R. 1495) granting to Edward Libby Post, Grand Army of the Republic, permission to erect a soldiers' monument on vacant land adjoining custom-house at Rockland, Me.; which was referred to the House Calendar, and the accompanying report ordered to be printed. 

PUBLIC BUILDING, BAR HARBOR, ME. 

Mr. MILLIKEN also, from the Committee on Public Buildingsand 

Grounds, reported back favorably the bill {H. R. 4467) for the erection 

of a public building at Bar Harbor, in Maine; which was referred to the 

Committee of the Whole House on the state of the Union, and the accompanying report ordered to pe p~nted. 

APPRAISERS' WAREHOUSE, NEW YORK. 

Mr. DIBBLE, from the Committee on Public ·Buildings and Grounds, 

reported back with amendment the bill (H. R. 1661) for the erection 

of an appraiSers' warehouse in the city of New York, and for other purposes; which was referred to the Committee of the Whole House on the 

state of the Union, and t_he accompanying report ordered to be printed. 

PUDLIC BUILDING, CHARLESTON, S. C. 

Mr. DIBBLE also, from the Committee on Public Buildings and 

Grounds, reported back with amendment the bill (H. R. 4358) to increase the limit of cost for the public building in course of erection at 

Charleston, S. C. ; which was referred to the Committee of the Whole 

House on the state of the Union, and the accompanying report ordered 

to be printed. PUBLIC BUILDING, TEXARKANA. 

:Mr. DIBBLE also, from the Committee on Public Buildings and 

Grounds, reported back bills of the following titles; which were laid on 

the table: 

A bill (H. R. 1865) providing for the construction of a public building at Texarkana, on or across the boundary line between the States of 

Texas and Arkansas; and 

A bill {H. R. 2010) to provide for a public interstate building at Texarkana. 

Mr. DIBBLE also, from the Committee on Public Buildings and 

Grounds, reported a bill (H. R. 7262) for the erection of a public building at Texarkana, situated on both sides of the line between the States 

of Ark~nsas and Texas; which was referred to the Committee of the 

Whole House on the state of the Union, and the accompanying report 

ordered to be printed. 

PUBLIC BUILDING, INDIANAPOLIS, IND. 

:Mr. NEAL, from the Committee on Public Buildings and Grounds, 

reported back with amendments the bill (H. R. 1325) to provide for 

the purchase of additional ground in the city of Indianapolis, Ind., 

adjoining the post-office site, for the improvement of the building 

thereon, and appropriating $125,000 therefor; which was referred to 

the Committee of the Whole House on the state of the Union, and, 

with the accompanying report, ordered to be printed. 

PUBLIC BUILDING, COLUMBUS, G.A. 

PUBLIC BUILDING, BAY CITY, MICH. 

Mr. NEWTON, from the Committee on Public Buildings and Grounds, 

reported, as a substitute for H. R. 1568, a bill {H. R. 7263) for the erec· tion of a public building at Bay City, Mich.; which was read a .first and 

second time, referred to the Committee of the Whole House on the state 

of the Union, and, with the accompanying report, ordered to be printed. · House billl568 was ordered to be laid on the table. 

PUBLIC BUILDING, NEWARK, N.J. 

Mr. LEHLBACH, from the Committee on Public Buildings and 

Grounds, reported back favorably the hill (S. 601) to authorize the 

purchase ofadditionai ground in Newark, N . .J., adjoining the custom· 

house and post-office building, and for the improvement of the build· 

ing thereon, and for the erection of additions thereto; which was re· ferred to the Committee of the Whole House on the state of the Union, 

and, with the accompanying report, ordered to be printed. 

MARY F. POTTS. 

Mr. VANCE, from the Committee on Patents, reported back adversely the bill (H. R. 47) for the relief of Mary F. Potts; which was referred to the Committee of the Whole House on the Privat-e Calendar, 

and the accompanying report ordered to be printed. 

l't!r. VANCE. I understand the minority desire to be heard, and will 

submit their views hereafter. · 

PUBLIC BUILDING, MILWAUKEE, WIS. 

1\fr. POST, from the Committee on Public Buildings and Grounds, 

reported back with amendments the bill (S. 154) for the erection of a public building at Milwaukee, Wis.; which was referred w· the Com· 

mittee of the Whole House on the state of the Union, and, with the ac- companying report, ordered to be printed. 

CLAIMS OF THE STATE OF M~YLAND. 

lli. SHAW, from the Committee on Claims, reported ba-ck favorably 

the bill (H. R. 1521) to provide for paying certain advances made to 

the United States by the Stat-e of Maryland; which was referred to the 

Committee of the Whole House on the state of the Union, and, with the 

accompanying report, ordered to be p~inted. 

GEORGE F. ROBERTS .AND OTHERS. 

Mr. SHAW also, from the Committee on Claims, reported back with 

amendments the bill (H. R. 2127) for the I"elief of George F. Roberts 

and others; which was referred to the Committee of the Whole House on the Private Calendar, and, with the a-ccompanying report, ordered to 

be printed. 

1 GEORGE B. HANSELL. 

Mr. SHAW also, from the Committee on Claims, reported back favor· 

ably the bill (H. R. 5336) for the relief of George B. Hansell; which was referred to the Committee of the Whole House on the Private Cal· 

endar, and, with the accompanying report, ordered to be printed. 

P. GOUGH EDELIN. 

Mr. SHAW also, from the Committee on Claims, reported ba-ck favor· 

ably the bill (H. R. 6753) for the relief of P. GoughEdelin; which was 

referred to the Committee of the Whole House on the Private Calen· 

dar, and, with the accompanying report, ordered to be printed. 

WILLIAM KNOWLAND. 

11Ir. KERR, from the Committee on Claims, reported ba-ck favorably 

the bill (H. R. 2686) for the relief of William Knowland; which was 

referred to the Committee of the Whole House on the Private Calendar, 

and, with the accompanying report, ordered to be printed. 

W. C. SCANL.AND. 

Mr. KERR also, from the Committee on Claims, rep<)rted back favor· 

ably the bill (H. R. 3496) for the relief ofW. C. Scanland; which was referred to the Committee of the Whole House on the Private Calendar, 

and, with the accompanying report, ordered to be printed. 

.ADVERSE REPORT. 

Mr. CROUSE, from the Committee on War Claims, reported back adversely the bill (H. R. 4116) for the relief of Urias Buskirk; which was ordered to be laid on the table, and the accompanying report ordered to 

be prmted. CLAIMS FOR BOUNTY. 

Mr. ROBERTSON, from the Committee on Military Affairs, reported 

back favorably the bill (II. R. 1558) to provide for the payment of a bounty of $100 to soldiers enlisted in the military service of the United 

States under the act of .July 22, 1861, and who were discharged by reason of surgeon's certificate for disability, or for promotion, before the 

expiration of two years, and who have not received $100 bounty; which was referred to the Committee of the Whole House on the state of the 

Union, and, wit·h the a-ccompanying report, ordered to be printed. Mr BANKHEAD, from the Committee on Public Buildings and Grou~ds, reported back with amendments the bill (H. R. 1275) for the PUBLIC BUILDING! BRIDGEPO~T, ~ON_N· 

erection of a public builtling at Columbus, Ga., and appropriating money Ur. SOWDEN, fr~m the Comnutte~ on Pubhc ~nildmgs and Grounds, 

therefor; which was referred to the Committee o~ the Whole House on 

1 

repor.ted, as a snb~t1tut~ f?r House ~ill1266, a bill (H. ~· 7264) f?r the 

the state of the -Union and with the accompanymO' report, ordered to erectiOn of a public building at Bridgeport, Conn.; which was Iead a be printed. ' ' o first and second time, referred to the Committtee of the Whole Ho~e 
• 

1888. CONGRESSIONAL RECORD-HOUSE. 1229 

on the state of the Union, and, with the accompanying report, ordered 

to be printed. 

The bill H. R. 1266 was ordered to be laid on the table. 

PUBLIC BUILDING, HOBOKEN, N. J. 

Mr. SOWDEN also, from the Committee on Public Buildings and 

Grounds, reported, as a substitute for House bill 4990, a bill (H. R. 

7265) for the erection of a public building at Hoboken, N. J.; which was read a first and second time, referred to the Committee of the 

Whole House on the state of the Union, and, with the accompanying 

report, ordered to be printed. 

The bill H. R. 4990 was ordered to be laid on the table. 

CORRECTION OF CALENDAR. 

Mr. BELMONT. I rise to a privileged question. 

The SPEAKER pro tempore. The gentleman will state it. 

Mr. BELMONT. I desire to correct a clerical error in the Calendar. 

In the transcribing of the resolution assigning special days to the Committee on Foreign Affairs, the Journal shows correctly that the days 

fixed are -Thursday and Saturday, th.e 16th and 18th of February. It 

is here stated in the Calendar as March. It should be February. 

The SPEAKERp1·o tempore. The Chair will state that the Journal 

is right. The original paper seems to have been wrong. It is no fault 

of the clerks at the desk. 

Mr. BELMONT. The days assigned to the committee were Thursday and Saturday of this week. 

LEGATION BUILDING IN JAPAN. 

Mr. BELMONT, by unanimous consent, introduced a joint resolution (H. Res. 110) accepting from the Government of Japan the gift of a plat of ground for legation purposes, and making appropriations 

therefor; which was read a fu'St and second time, referred to the Committee on Foreign Affairs, and ordered to be printed. 

LEGATION BUILDING AT BANGKOK, SIAM. 

Mr. BELMONT also, by unanimous consent, introduced a bill (H. 

R. 7266) making appropriation for the repair and improvement of the 

buildings of the United States legation at Bangkok, Siam; which was read a first and second time, referred to the Committee on Foreign 

Affairs, and ordered to be printed. 

.ADMISSION OF DAKOTA. 

Mr. SPRINGER, by. unanimous consen~ presented a memorial of 

the constitutional convention of the State of Dakota, a-sking for the 

admission of South Dakota into the Union, and the formation of North 

Dakota into a Territory; which was referred to the Committee on t·he 

Territories, and ordered to be printed in the RECORD. 

The memorial is as follows: 

To the Congress of the United States: 

On behalf of the people of South Dakota we invite the attention of Congress to our situation and repeat our request that our long-deferred rights be grant-ed us by the admission of South Dakota to the Union. The people of South Dakota would be false to the cardinal princi pies of the Republic if they should now ac- cept admission as a whole. We believe they will never do it. If they possess the endurance and courage of men who are fitted for self-government, they can ne•er surrender. We can suffer Territorial government, with all its privations and denials of justice indefinitely if it is forced upon us, but we .can not abandon the principle, upon which the States of the Republic are founded, that the legally 

eXpressed will of the majority shall prevail. We further respectfully request that, in pursuance of the vote of the people on November 8 last, the Territory be divided on the seventh standard parallel, in- stead of the forty-sixth parallel of latitude, as contemplated in the constitution adopted by the people in November,l885, and that the State be designated as "South Dakota," and the north half of the Territory be permitted to enjoy the name which they undoubtedly desire," North Dakota . A. J. EDGERTON, President. JOHN CAIN, Secretary. 

Mr. SPRINGER also, by unanimous consent, presented a memorial 

of a convention assembled at Aberdeen, Dak., asking the admission of 

the whole Territory of Dakota as one State; which was referred to the 

Committee on the Territories, and ordered to be printed in the RECORD.- The memorial is as follows: Memorial. 

To the Oongress of the United States : 

The people of Dakota Territory, assembled in a delegate convention, respectfully represent that they are desirous of the admission of the Territory of Dako- ta as a State into the Federal Union. We are possessed of the requisite popula,.. tion to entitle Dakota to representation in the House of Representatives in case of admission. We therefore earnestly petition for the passage by Congress of an enabling act authorizing the election of delegates to a convention for the purpose of preparing a constitution, republican in form, to the end that the con- stitution so framed may be submitted to a vote of the people of said Territory at the next general election for ratification, and, if ratified, that Dakota Terri- tory be admitted into the Union as the "State of Dakota." Submitted herewith is the proceedings of the convention of the people of Da- kota held at the city of Aberdeen, Dak., December 15,1887, to all of which we earnestly invite your attent.ion and pray for a favorable consideration. L. G. JOHNSON, of BrOWfl, County. M. L. McCORMACK, of Grand Forks. W. E. DODGE, ofCass County. GRANVILLE G. BENNETT, of Lawrence County. P. B. McCARTY, of Pennington Coun-ty. JOHN L. PENNINGTON, of Yankton County. ROBERT H. McBRIDE, of Davison County. W. E. PURCELL, of Richktnd County. ANTHONY GARNETT of Pembina County. C. H. WINSOR, ofMinnel,;;,ha CountlJ. F. A. GALE, of Lincoln County • C. T. McCOY, of Brown County. J. A. LEE, of Day County. WILLIAM THOMPSON, of Burleigh County. J. A. FRYE, of Stu~man County. 

TERMS OF COURT IN NEBRASKA. 

Mr. DORSEY. I ask unanimous consent to call up from the House 

Calendar, for consideration at this time, the bill (H. R. 1612) to provide 

for holding terms of the United States district and circuit courts ·in the 

State of Nebraska, which h;:ta been reported by the Committee on the 

Judiciary with amendments. 

The bill as proposed to be amended was read, as follows: 

The constitutional convention of Dakota, elected under the act of the Terri- torial Legislature approved by the governor March 9, 1885, with power under the act to adjourn from time to time, respectfully represents that it has main· tained its organization and existence, and on this 9th day of January, 1888, again convened, pursuant to a. previous adjournment, for the purpose of renewing [Omit the parts in brackets and insert the parts printed in italics.] 

and emphasizing the request of the people of South Dakota for a division of the Be it enacted, etc., That the State of Nebraska shall constitute one judicial disTerritory and their admission to the Union as a State. trict, which shall be called the district of Nebraska. For the purpose of trying That the people of all Dakota, nOl'th and south, have, during the past seven- all issues of fact, triable by jury in the United States circuit and district courts, teen or eighteen years, contemplated division and the formation of two States said district is hereby divided into five divisions, which shall be called the east- you are well aware, and that the buildings and institutions of the Territory ern, southern, western, northern,andcentraldivisionsofthe districtofNebraska. have been systematically duplicated, one of each class having been established The eastern division shall include the counties of Douglas, Sarpy, Cass, Saunders, in each division of the Territory. Nearly every Legislature which has con- Washington, Dodge, Colfax, Platte, Boone, Nance, Merrick,Cuming, Burt, [Keya 

,-ened in the past eighteen years has either memorialized Congress or taken Paha,] Dakota, and Dixon; the southern divisioR shall include the counties of some action in behalf of a division of the Territ-ory. Lancaster, Otoe, Nemaha, Richardson, Johnson, Pawnee, Gage, [Jefferson,] But- The last convention of the Republican party, held at Yankton, in Sept-ember, ler, S.eward, Saline, York, and Polk; the western division shall include the coun- 1886, for the nomination of o. Delegate to Congress, adopted the following reso- ties of Adams, Fillmore, Jefferson, Hamilton, Clay, Thayer, Nuckolls, Webster, lution: Franklin, Harlan, Furnas, Red Willow, Hitchcock, Dundy, Chase, Perkins, 

".Resolved, That the will of the people of all Dakota in favor of division of the Hayes, Frontier, Gosper, Phelps, and Kearney; the northern division shall in- Territory on an east and west line has been so clearly and so often expressed elude the counties of Madison, Stanton, Wayne, Cedar, Knox, Pierce, Antelope, 

during the past fifteen years that 'there is no reasonable doubt of the determined Holt, Wheeler, Sioux, Brown, Ke:ya Paha, Cherry, Dawes, Garfield, and Sheri- purpose of a large majority to hold on steadfastly till this purpose is accom- dan; the central division shall include the counties of Buffalo, Hall, Howard, 

plished, and we earnestly ask Congress to pass such a measure without delay, Greeley, Valley, Sherman, Coster, Dawson, Lincoln, Keith, Cheyenne, Arthur, said division to be on the boundary line of the counties nearest the forty-sixth Grant, McPherson, Thomas, Blaine, Logan, [and] Loup, and Box Butte, and any 

parallel of north latitude." unorganized territory or counties not herein named. The last convention of the Democratic party, which met at Aberdeen in 1886, SEc. 2. That a deputy clerk of the said district and circuit courts shall be ap- to put in nomination a Congressional Delegate, adopted a resolution favoring a pointed at each place in the five divisions of said district where sai~ court is re- submission of the question of division to the voters of the Territory. qui red to be held, each of whom, in the absence of the clerk, may exercise all In accordance with the request of the foregoing resolutions and for the pur- the official powers of clerk at the place within the division for which he is ap- ' pose of obtaining an authoritative and final expression of the whole people, the pointed. The marshal of the said district of Nebraska shall perform the duties last Legislature submitted the question of division to the. people of the Terri- of marshal for all the divisions of said district, and shall keep an office at each tory, with the result of a decisive majority for division. of the places in the five divisions of said district where the circuit and district South Dakota has a population of more than 360,000 people, and an area of courts thereof are required t-o be held. The district attorney of the district of 77,000 square miles, with every requisite of a strong and safe State. Fair men Nebraska shall perform the duties of district attorney for all the divisions of will never claim that the division of Dakota will injure the nation. said district, being allowed such assistants as in the judgment of the Att-orneyObjection has been made to the division of Dakota on the ground that if di- General may be necessary. · vided into two States there would not be sufficient resources in each t-o sustain SEC. 3. That the regular terms of the circuit and district courts in said district a population equal to the older States. In reply, this convention would call th~ of Nebraska shall be held at the times and places following: In the eastern di- attention of Congress to the report of the Hon. L. Q. C. Lamar,Secretary ofth61' t .vision of said district, at Omaha, on the first Tuesday in 1\fay and November; Interior, in which the following populations are given in the several Territo- in the southern division of said district, at Lincoln, on the first Tuesday in Jan- ries ijeeking admission into the Union: Dakota, 568,400; 1\Iontana, 130,000; New uary and October; in the western division of said district, at Hastings, on the 1\Iexico, 160,000; Washington, 142,391. Of this population of Dakota, 208,000 are first Tuesday in March; in the northern division of said district, at Norfolk, on in North Dakota and 360,000 in South Dakota, showing in the less populous the first Tuesday in April; in the central division of said district, at Kearney, 

portion ft·om 48,000 to 68,000 more population than either of the other Territories on the first Tuesday in September. 

asking admission, and larger than some States. The Dakotas will be agricult- SEC. 4. That in said district, all suits not of a local nature in the district courts · ·ural Sta~s, whose population never decreases. . against a single defendant, inhabitant of such State, must be brought in the di- . But it IS now with the people of Dakota not a question whether division is vision of the district where he resides; but if there are two or more defendants desirable, bu~ whether the majority or the minority of her people shall direct residiug in different divisions of the district, such suit may be brought in either her local affau-s. If Congress shall declare that the minority shall prevail, or division and duplicate writs may be sent to the other defendants. The clerk that.the _wil~ of the majority shall be ignored, it will be a severe blow to repub- issuing such duplicate writ shall indorse thereon that it is a true copy of a writ can ms;titut10ns. It will establish a precedent which may hereafter work dis- sued out of the court in the proper division of the district; and the original and aster to the country. It is a. declaration that the General Government is drift- duplicate writs, when executed and returned into the office from which they 

ing awa.y from the principles upon which ~tat~shave heretofore been admitted. issue, shall constitute and be proceeded in as one suit •. All issues of fact in such 
'6o 

1230 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

suits shall be tried at a term of the court held in the division where the suit is so brought. 

The SPEAKER pro tempore. Is there· objection to the present conmdemtionoftlrisbill? 

:M.r. HOLMAN. I did not no~e the exact terms ofthis bill, and 

wish to inquire of the gentleman from Nebraska whether this bill in- creases the number of places at which the Federal courts shall be held 

in N e "9raska ? 

1\Ir. DORSEY. 

Mr. HOLMAN. 

Mr. DORSEY. 

1\ir. HOLMAN. 

Mr. DORSEY. 

of the State. 

Certainly. That is the object ofthe .bill. 

To what extent? 

The bill adds three places. 

The courts are now held at two places? 

Yes, sir; at Omalia.and Lincoln, in the extremeend 

Mr. HOLMAN. And the o~ect is to provide . three other places for 

holding courts? 

Mr. DORSEY. Yes, sir. 

1\Ir. HOL1t1AN. The business that goes into the Federal courts is, 

of course, business connected with the administration of Federal laws 

alone? 

1\fr. DORSEY. Yes, sir. 

Mr. HOLMAN. What public reason is there for the increase of the num her of Federal courts in the State of Nebraska? 

1\Ir. DORSEY. In order to answer that question of the gentleman 

from Indiana, I ask that the report be read. It discloses the necessity 

for this legislation. , · 

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

The Committee on the .Jndiciary, to whom was referred the bill (H. R. 1612) to pro vide for holding terms of the United States district and circuit courts in the district of Nebraska, having considered the same, report as folio~: 

Yonr committee find that under present law of the United States courts in Nebraska are held at Omaha and Lincoln. These two cities are in the eastern part of the Sta te and not over 50 miles apart. Omaha is on the extreme eastern boundary of the State and Lincoln about 60 miles interior. The State of Ne- braska is 400 miles from east to west and 200 from north to south, and has 76,000 squn,rc miles. When the present courts were established there were not over 300,000 inhabitants in the State. The present population is estimated at 1,250,- 000 people. 

Litigants, witnesses, andjnrors are now obliged to travel from 1 to 400 miles to attend court at great expense to themselTes and the Government. Courts should be held at such points inn. State as to accommodate the peopleoftheen- tire State, and as this bill has this purpose in view, we are of the opinion it should pass, with the following amendments: Strike out the words" Keya Paha" in twelfth line, and the word" Jefferson" where the same appears in fourteenth line. Insert the word "Jefferson" after the word "Fillmore" in the sixt.eenth line; also insert the word "Perkins" aft~r the word " Chase" in the eighteenth line; o.lso insert the words "Keya Pa.ba" after the word "Brown" in the twenty-firstline; also insert the words "and Box Butte" after the word "Loup" in the twenty-fifth line. 

Mr. HOLMAN. I regret that the Committee on the Judiciary deem 

it nec~ry to so largely create facilities for entering the Federal court. 

The tendency of all this is to supersede, in a, large degree, our State 

tribunals. We can not expect to secure legislation by which the jurisdiction of Federal courts shall be greatly diminished as long as this 

policy of increasing the number of Federal courts is continued. In my 

own State, which has much more reason for a large number of Federal 

courts than the State of Nebraska-its courts having admiralty busi- ness on Lake Michigan and the Ohio-there are courts held aMour different places in the State, and a very enlightened Federal judge, one of the 

best in the country, JudgeGresham, formerlydistrictjudgeofindiana, 

now judge of the circuit, has always expressed the opinion that no pub1 ic or legitimate purpose justified more than a single place for the holding of the Federal courts in that State. Fully concurring in that view 

from my own experience, I do not wish, however, to resist the miani- mous expression of opinion of the Judiciary Committee; but I ·ex.press 

regret, as I have often done before in this House, at this practice of en- larging at every session of Congress the number of Federal courts, and 

thus diminishing the importance and practical jurisdiction of State tribunals. 

The SPEAKER pro tempore. Is there objection to the present con- sideration of the bill? 

There wa no objection. 

Mr. ROGERS. I think it is due to the Judiciary Committee that I 

should make a yery few observations on this question. If the gentle- man from Indiana had devoted his attention as closely to the work of 

the Judiciary Committee, or had had anaopportunity of doing so, as he 

has to those branches of the public service with which he bas been more immediately connected, I think he would have discovered one importmt fact, and that is that in the Forty-ninth Congress the jurisdiction of the Federal courts was curtailed to a greater extent in a single 

bill th2.n in all the legislation which has been enacted in the past 

twenty-five years on that subject. And l undertake to say now that, 

except in so far as the Congress of the United States has created new 

penalties or has enacted new provli!ions under the land laws touching -the public domain, in which I am sure the Judiciary Committee have ~d the hearty co-operation and sympathy of the gentleman from Indiana, he will not find a single instance of an increase of jurisdiction 

in th~ Federal courts on the part of the Forty-ninth Congress, and up 

to this time of the Fiftieth Congress; I mean jurisdiction over the subject matter of suits or the parties to suits. I say, differing, perhaps, from 

the gentleman from Ill diana on that point, that all we have done is that 

we have tried to locate these courts, so that when citizens of the various 

States shall be brought unwillingly within the jurisdiction of the Federal courts, they shall not be dragged five or six hundred miles to attend a district court. 

Mr. STEW ART, of Vermont. And thereby diminishing the expense. 

1\Ir. ROGERS. In that respect it diminishes the expenses of litigants, a-nd to that extent relieves the operation of the laws of their 

harshest features. 

Mr. HOLMAN. Bnt still my friend will not say that it diminishes 

the expenses of the Federal Q{)vernment. On the contrary, the discussion which we had here yesterday, in which the gentleman took part 

with so much ability, showed that the tendency of all these measures is to enormously increase the expenses of the Federal judicia.! system. 

1\Ir. ROGERS. It does increase.to alimitedextenttheexpenditures 

of the Q{)vernment, but that is not the question which the gentleman 

raised. The gentleman said that we were increasing the jurisdiction 

of the Federal courts and creating new facilities for them to take jurisdiction. That I controvert. 

1tfr. HOLMAN. I did not say that you were increasing the jurisdiction of the Federal courts, but that you were pursuing a policy which 

would render it impossible fo~ any real reform to take place in the Federal court system. The effect of all this is to diminish the importance 

of the local State tribunals and to increase that of the Federal courts; 

and there has been no legislation, not even that to which my friend re- fers and of which I highly approve, which has to any large degree re- stricted the jurisdiction of the Federal courts. , 1\Ir. ROGERS. Mr. Speaker, it astonishes me to hear so well informed a gentleman make a statement of that kind in so distinguished a presence, becau e everybody knows who has read what is called the 

Culberson bill that the curtailment of the jurisdiction of the Federal 

courts effected by that bill has been larger than by all others that have 

passed Congress during the last twenty years. 

Mr. HOLMAN. That is conceded, of course; but at the same time 

the bill accomplishes nothing in comparison with what I think ought 

to be accomplished. I think this tendency to override the local tribunals of the States ought to stop somewhere, and that these facilities 

of the Federal courts ought to be diminished instead of increased. 

ltfr. ROGERS. Mr. Speaker, my whole training has been never to 

suffer any man who once makes an issue to make a departure. The 

statement of the gentleman from Indiana [Mr. HoLMAN] was that we were increasing the facilities for getting into the Federal courts. 

Mr. HOLMAN. Yes, that is what ;r said. 

Mr. ROGERS. Now, I want to know how it is possible to increase 

those facilities unless we increase the jurisdiction of the courts? What we really propose is to increase the facilities for the people to defend 

themselves in suits brought against them in the Federal courts, but ws do not in any way increase the jurisdiction of those courts. 

Mr. HOLMAN. You do not increase the jurisdiction directly, but 

do you not do it by increasing the number of Federal courts? What are all these demands for additional terms of those courts for, if not for 

the purpose of creating new and enlarged facilities for reaching those 

tribunals and givrng them advantages over the local tribunals, thereby 

diminishing the relative importance of the local tribunals? 

Mr. ROGERS. I now yield to the gentleman from Nebraska. , On motion of Mr. DORSEY, the amendments reported by the committee we~e agreed to. 

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

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

passed. 

Mr. DORSEY moved to reconsider the vote by which the bill as .amended w~ passed; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

TARIFF COMPILATION. 

1\Ir. HUDD, byunanimousconsent, introducedajointresolution(H. 

Res. 111) to provide for printing 20,000 copies of Senate Report No. 12, 

fust session Forty-eighth Congress, ·known as the Tariff Compilation; 

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

Printing, and ordered to be printed. 

NEW LIBRABY BUILDING. 

Mr. RANDALL, from the Committee on .Appropriations, submitted 

the following report: 

IN THE HouSE OF REPRESENTATIVES, February 9, 1888. 

Resolved, That the Committee on Appropriations be, and Is hereby1 instructed to inquire and report to the House what <:ontra.cts have been made tor the con- struction of the building for the Library of Congress and the amount expended under the same, and for what purpose, and the cause of delay in the progress 

of the work on the building. The Committee on-Appropriations, to which wns referred the accompanying 

resolution, havi~ considered the same, reports it back: with the recommenda- tion that the following be adopted as a. substitute therefor: "Resolved, That a. co:mmittee of five of this House be appointed by the Speaker to inquire and report to the House what contracts have been made for the con- struction of the building for the Library of Congress and the amounts expended ~der the same and for what purpose, and the cause of delay in the progress of the work on the building; and also what persons are now or have been em- ployed and paid from the appropriations made for the pnrchase of the site for and the construction of said Library building, and the amount or rate of com-
1888. CONGRESSIONAL RECORD-HOUSE. 1231 

i 

pensnlion to each of ea,id persons. And finally, said committee shall inquire 

and report fully as to the construction of said building for the Library of Con- grec;;s, and are authorized to send for persons and papers and to employ a clerk at $6 per day, to be paid frbm the contingent fund of the House." 

l\Ir. RANDALL. l'tir. Speaker, the Committee on Appropriatio:bs 

favor the fullest investigation as to the expenditure of the appropriation heretofore made for the erection of the Library building, and desire all information which can possibly bear upon the estimate which 

has been sent in as the sum required for the coming year-$800,000. 

But in view of the manifold duties of the committee and their work 

in other directions, they ao not believe that they can do justice either 

to themselves or to the subject in undertaking this investigation. 

They have therefore submitted the substitute which proposes a special 

committee for the purpose of making this inquiry. 

Mr. :M:c?t!ILLIN. WJ:lat objection is there to having this matter 

investigated by the Committee on the Library instead of appointing a 

special committee? If the Committee on the Library is not the proper 

body to investigate a question of this kind, I would like to know for 

what purpose that committee exists. 

l't1r. HOLUAN. Or the question might be referred to the Committee 

on Public Buildings and Grounds. 

M:r. McMILLIN. Yes, either committee would do. But the Committee on the Library ha.s been specially organized for the purpose of 

considering questions of this character; and if it is not to take cognizance of such an inquiry as this, I respectfully submit that the performance of a farce in connection with the existence of that committee 

might very properly cease. 

Mr. HOLMAN. The Committee on the Library is, however, a joint 

committee. • l'tfr. RANDALL. The Library Committee, a.s the gentleman from 

Indiana suggests, is a joint committee, existing under the statute. 

Therefore the Committee on Appropriations has agreed with unanimity 

that this subject might properly go to a special committee. 

Mr. BLOUNT. Is it not perfectly competent for tqe Speaker to designate as a portion of this proposed special committee the members of 

the Committee on the Library on the part of the House? 

l'tir. RANDALL. Undoubtedly the Speaker would have that power. 

Mr. McMILLIN. But neither their knowledge, wisdom, nor means 

of information would be increased by the new designation. 

Mr. HOLMAN. I suggest to the gentleman from Penns.yivania that 

the three members 'On the part of the House of the Joint Committee on 

the Library, with the addition of two other members, might pror>erly 

be constituted as this special committee. The Committee on the Library have f.4eir own clerk, and would be able to transact this business 

without expellEe. 

:Mr. RANDALL. If the objection is to the appointment of a clerk, 

I think that can be obviated by withdrawing, with the consent of the 

House, that part of the resolution. 

Ur. HOOKER. I will inquire of the gentleman from Pennsylvania 

whether thls subject-matter has not in the Senate been referred to a 

special committee. 

. Mr. RANDALL. I so understa.nd. 

l't1r. Mcl'tiiLLIN. I have no objection to the proposed investiga- tion--

Mr. RANDALL. I think that every public interest warrants the 

investigation--

Mr. l'tfcMILLIN. I have no doubt that the investigation should be 

made-- , 

Mr. RANDALL. And the investigation would have been· undertaken by the Committee on Appropriations or by the subcommittee 

having jurisdiction of appropriations for the Library, had it not been 

felt that the regular duties of the committee would not permit them 

to do full justice to thls question. , 

Mr. DOUGHERTY. Should not tllli! resolution have properly gone, 

under the rules of the House, to the Committee on Expenditures on . Public Buildings? 

Mr. RANDALL. The House itself referred the resolution to the 

Committee on Appropriations-doubtless because it is the duty of that 

committee to report to theHonse appropriations for th:is-work. Therefore this resolution, by the assign.nl'ent of the Speaker, no doubt, or 

cerbinly with his concurrence, went to the Committee on Appropriations. But, as I have already said, the members of that committoo, 

whlle desiring the fullest and mo~t thorough investigation, do not feel 

that th&y can 1do full justice to this inquiry in view of other work incumbent upon them. 

. The question being taken on agreeing to the substitute reported by 

ihe Committee on Appropriations, it was agreed to. 

T~e resolution as amended by the adoption of the substitute was agreed to. 

. Mr. RANDALL moved to reconsider the vote by which the resolution wu.s agreed to; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

WIDOW OF JOHN A. S. TUTT. 

Mr. WARNER. I ask unanimous consent for the present consider- ation of a bill n ow on the Calendar of the Committee of the Whole 

House- the bill (H. R. 2595) for the1·eliefofthe widow of J ohn A. S. 

Tutt, deceas~d. 

The bill was read, as follows: Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, au- thorized and directed to pay, out of any money in the Treasury not otherwise 

appropriated, the sum of $386 to the widow of John A. S. Tutt, deceased, of La Fayette County, 1\lissou:ri, in full repayment to her of taxes en:oueously assessed upon the salary of said John A. S. '.ru.tt, as judge of the sixth judicial circuit o.t: said State, from the year 1862 to the year 1870, inclusiv"'• which sn.id sum was erroneo::ISly collected of him as income tax upon his salary as said State judi- cial officer. 

The amendment reported by the Committee on Claims was read, as follows: · 

After the word "dollil.r.s," in line 6, insert "or so much thereof as shall be 

shown to the satisfaction of the Commissioner of Internal Revenue to ha.ve been 

paid by John A . S. Tutt as tax upon his saJ.a.ry as a Slate officer." 

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

Mr. McMILLIN. I ask that the gentleman in charge of the bill make 

some statement of its effect. 

.M:c. WARNER. The purpose of this bill is to refund to the widow 

of the late Judge Tutt, of La Fayette County, Missouri, the income tax 

which was collected upon his salary as circuit judge in the State of Missouri. The amendment reported with the bill has been proposed at the 

suggestion of the Commissioner of Internal Revenue, because the reports in his office, w hlch are not complete, show the payment of only 

about $200 by Judge Tutt as income tax., The bill as amended will 

simply authorize the refund of so much of the sum of $386 as may be 

shown to the satisfaction of the Commissioner to have been paid by 

Judge Tutt as income tax upon hls salary. Gentlemen, of course, remember that the income tax as to officers of this class was declared 

illegal by the Supreme Court of the United States, so that there is no 

question the amount paid as such tax in this case ought to be refunded 

to the widow. 

Mr. BROWNE, of Iniliana. This, as I understand, is a personal 

claim for the refunding of income tax, and comes here because otherwise the statute of limitations would prevent the repayment of this 

money. I will inquire, why not pass a general law repealing, in this 

respect, the statute of limitations and allowing repayment in all cases 

of this kind? If the gentleman from Missouri [Mr. WARNER] assures 

me that be will assist in securing repayment on the same account for a 

constituent of mine I will interpose no objection. 

Ur. WARNER. I will certainly do so. [Laughter.] 

There being no objection, the House proceeded to the considemtion 

of the bill. 

The amendment reported by the Committee on Claims was agreed to. 

The bill n.s amended was ordered to be engrossed and read a third 

time; and being engl'o.ssed, it was accordingly read the third time, and 

passed. 

Mr. WARNER 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. 

CREDIT TO UNITED STATES REVENUE-CUTTER SERVICE. 

Mr. CLARDY, from the Committee on Commerce, reported the bill 

(H. R. 1240) t o credit the revenue service for the transportation home 

by United States revenue vessels of shipwrecked seamen from the 

Arctic regions or from the Territory of Alaska; which was referred to 

the Committte of the Whole House on the state ofthe Union, and the 

accompanying report ordered to be printed. 

Cb:MM.ITTEE ON EXPENDITURES OY PUBLIC BUILDISGS. 

Mr. DOUGHERTY, by unanimous consent, submitted the following 

resolution; which was referred ta the Committee on Accounts: 

Resolved, That the Clerk of the House be directed to rent, during the remain- der of this session of Congress, from Ron. B. F. Butler, a. room in the building 

south of the Capitol for the use of the Committ.eeon Expenditures on Public 

Buildings at a. rental not to exceed $50 per month; and that the Clerk of the House be directed to suitably furnish said room at a. cost not to exceed $100, 

which sums are to be paid from the contingent fund of the House. 

URGENT DEFICIENCY APPROPRIATIOY BILL. 

Mr. BURNES. I move that the House resolve itself into the Committee of the Whole on the state of the Union to resume the consideration of a bill (H. R. 6437) to provide for certain of the most urgent deficiencies in the appropriation for the sernce of the GoveTDDlent for the 

fiscal year ending June 30, 1888, and for other purposes. 

Mr. DINGLEY. A bill reported from the Committee on Banking 

a d Currency was assigned for consideration for this day. If the gen· 

tleman from :Missouri will permit me, I will call it up and move that it 

be postponed. 

Jtir. BURNES. It is necessary this apl?ropriation bill should pass at 

once, and I must insist upon my motion. I move that all general de· 

bate. in committee be limited to thirty minutes. 

The motion was agreed to. 

The question recurred on the motion to go into committee; and it was agreed to. 

The House accordingly resolved itself into the Committee of the 

Whole on the state of the Union, Mr. BLOUNT in the chair. 

• 
• 

I 

1232 CONGRESSIONAL REOORD-HOUSE. FEBRUARY 15, 

The CHAIRMAN. By order of the Hom;e all general debate on the 

pending deficiency bill is limited to thirty minutes. 

Mr. BURNES. I will yield as much of the thirty ininutes to my 

colleague on the committee from the State of Texas [Mr. SAYERS] as he may see :fit to occupy. 

Mr. SAYERS. Mr. Chairman, I listened with much pleasure on yesterday to the remarks of my friend from Arkansas [Mr. RoGERS], and 

expected to have the greater pleasure of reading them in the RECORD of 

this morning, but I :find that they have not been printed, and therefore, 

in what I have to say in reply, I will have to rely upon my memory, ex- pecting -that he will correct me if I should misquote him. 

I understood the gentleman from Arkansas [Mr. ROGERS] to say that 

he had no complaint to nrge against the bill under consideration; that 

he approved it, and that it met his hearty indorsement. 

Mr. ROGERS. My friend statesitstronger than I did. !did state 

that I did not intend to criticise the bill-that I had barely read it, but 

not critically. I may have amendments to offer to it, but do not know 

how that will be until we get to it. 

Mr. SAYERS. I also understood thegentlemanfromArkansas to ~ay 

that there were unpaid expenses under the control of the United States 

marshal of the Federal cour\ located at Fort Smith, Ark.-a large 

amount-as deficiencies for the :fiscal year ending June 30, 1887. 

Mr.. ROGERS. My friend from Texas is _singularly unfortunate. 

No such idea ever entered my head, and it will not be found in my re- m~. . Mr. SAYERS. But did not the gentleman say there were unpaid 

deficiencies for the fiscal year ending J nne 30, 1887? 

Mr. ROGERS. I made no such statement of that character, and you 

will not :find a single, solitary statement of that kind in my remarks. 

I stated this, if the gentleman will permit me to proceed, that by reason of the failure of the deficiency bill for a former year the business of that 

year was crowded into the present fiscal year and absorbed a portion of 

the appropriation for thepresentfiscalyear. Let me remark byway of 

explanation, in view of the fact that the gentleman is cognizant and 

knows that I am aware of the fact that the other deficiency bill, which 

went through; did cover those things, I do not see how he could have 

fallen into that error. 

Mr. SAYERS. The other deficiency bill, passed during the present 

session, it is true, covers thl:!t appropriation; but inasmuch as the gentleman, as I understood him, was referring to the expenses of the courts 

for the year ending June 30, 1887, I took it, as a matter of course, that 

the appropriation made in the deficiency bill which failed in the last 

session of the Forty-ninth Congress, but which has recently passed: 

covered the deficiency of that year. 

But be that as it may, Mr. Chairman, I desire to have read to the 

committee, for its information, the total appropriations made by Congress for this service during the years 1885, 1886, and 1887. 

The Clerk read as follows: 

1885-Marshals ..................................................................................... . Jurors ......................................................................................... .. Witnesses ................................................................................... .. Prisoners ..................................................................... ~ ............... . 

1886-Marshals ..................................................................................... . Jurors ........................................................................................ .. Witnesses .................................................................................. .. Prisoners ..................................................................................... . 

1887-Marshals ........................ : ............................................................ . Jurors .......................................................................................... . Witnesses .................................................................................. .. Prisoners ..................................................................................... . 

~27.155 

450,000 

621,408 

300,000 

2,098,563 

705,000 

540,000 

787,150 

250,000 

2,282,150 

675,000 

500,000 

550,000 

240,000 

- 1,965,000 

Mr. SAYERS. In order to show to the committee what proportion 

of these amounts was expended in the court for the western district 

of Arkansas, there being but one court, and that located at Fort Smith, 

I send to the desk a communication and ask that it be read. 

The Clerk read as follows: 

Hon. J.D. SAYERS: 

TREASURY DEPARTMENT, 

Washingto-n, D. 0., FehT'ti.-(J,ry 15, 1888. 

The expenses of the United States courts in the western district of Arkan- sas, as paid through the marshal, during the years 1885, 1886, and 1887, n.re as follows-.: 

1885 ....................................................................................................... $146,564. 69 1886....................................................................................................... 200,746.91 1887 ....................................................... , . ...... ...... .. .. ......... .............. .... 133,602. 30 

M. J. DURHAM, OomptroUer. 

Mr. SAYERS. It will be seen, Mr. Chairman, from the figures submitted, and which are official, that for the year 18135, of the total appropriations of this character, al)out 7 per cent. was paid to the United 

States marshal at Fort Smith, Ark.; for the year 1886, about 9 per 

cent., and for the year 1887, about 7 per cent. It should be borne in 

mind that these appropriations were intenJled to maintain all of the 

courts of the United States. · The gentleman from Arkansas, in order to sustain his atta-ck upon the 

Committee on Appropriations, submitted to this committee on yesterday a statement from the clerk of the Fede~al court for the western district of ArkanSas, and from thence he drew the conclusion that in con- sequence of the expanse of business throughout the country, of the 

growth of population, of the extension of settlements to all the western 

Territories, and of the enactment of new legislation by the Forty-ninth 

Congress, the expense of the judicial system of the country had been 

necessarily swollen to an amount much larger than during preceding 

years. , 

Now, I have not heard, and I call upon the gentleman to give to-day, 

or at some other time, a good reason why such expenses of the court at 

Fort Smith, Ark., should reach from five hundred to six hundred dollars per day during the entire year. ' 

Mr. ROGERS. The time of the gentleman from Texas is very limited, I know, but it will afford me sincere pleasure to show him now the reason, if he will afford me the opportunity. 

Mr. SAYERS. I have but a few minutes. The gentleman had an hour and twenty minutes yesterday. 

Mr. ROGERS. I am only responding to the gentleman's invitation. 

Mr. SAYERS. But not in my time. The gentleman took, as a predicate for his address to the House on yesterday and for his lecture 

to the Committee on Appropriations, the recommendations which appear in the report of the committee. 

The House of Representatives, and especially the Appropriation Committee, are accustomed to receiving lectures from the gentleman fl'Om 

Arkansas. The distinguished gentleman from Indiana was treated to a lecture by him this morning. We all are accustomed to it; but when 

the gentleman proposes to lecture individuals, or committees, or the 

Congress he should be sure that he is in a position not to be criticised 

himself; and I now ask the question, which I hope will ring throughout 

the country, why is it that the court at the home of the gentleman from 

Arkansas, which he is defending here so vigorously, has received so 

large a percentage of the appropriations for the years 1885, 1886, and 

1887? . . 

Mr. ROGERS. · Will the gentleman allow a brief answer to his in~ 

quiry? 

Mr. SAYERS. !will yield to the gentleman with pleasure, but the answer must be brief, as I have but a few minutes left. 

Mr. ROGERS. I will be very brief. In the :first place, I was not 

undertaking to defend the court at Fort Smith, Ark., but was using 

the condition of things there merely as an illustration of the effect of a failure on the part of Congress to make the necessary appropriations or to make adequate appropriations to run the Government. 

But I read now, to assist the gentleman from Texas along in his ar- gument, what the Attop1ey-General says in regard to the court at Fort 

Smith: 

The large expenditure for the support of courts in Fort Smith, arising from 

its jurisdiction over offenses committed in the Indian Territory, has caused the 

Department to send examiners to that point for the investigation of the con- duct of its officers and the management of the court. They have staid there on two separate occasions two or three montllil, and have made careful reports to the Department. As far as it has been ascertained there does not appear to be ground for charging the court or its officers with neglect of duty or a desire to make fees for themselves. The great expense grows out of the condition of 

the law respecting the jurisdiction of offenses in the Indian Territory wherein a white man is implicated. This expense has grown and grown yearly, and 

may be expected to grow under the present legislation. Very respectfully, A. H. GARLAND, .Attorney-Gene1·a1. 

And addressed to me, bearing date January 5, 1888. 

And the document which I read in regard to the condition of that 

docket when the court adjourned, about the 20th of December last, 

shows there were forty-four murder cases on the docket at that time. 

Mr. SAYERS. That is all in the gentleman's speech of yesterday. 

Mr. ROGERS. I am answering the question which the gentleman 

addressed to me. Just one word more. I have one more suggestion 

to make. No fault has been found with the administration of that 

court, and if it has jurisdiction which it should not exercise it is not 

the fault of the court, but the fault of the Congress of the United 

States. ' 

:Ur. SAYERS. Now, I should not have alluded to the court at Fort 

Smith, Ark., but for the reason that the gentleman from .Arkansas 

brought into the House statemen_tt; from the clerk of that court. He 

invited the issue. He laid the p:Udicate; and he ought to have come prepared with facts to sustain the predicate and to' rebut any contradictory evidence. . - · I respectfully submit to this committee-there are no politics in this 

question-that the Committee on Appropriations were right in calling 

the attention of Congress and of the country to this method of distributing the appropriations. Here are large sums placed in the hands 

of the Government for disbursement. It is presumed that the disbursements will be made fairly and equitably throughout the country. 

But, on the contrary, we find staring us in the fa-ce the unpleasant fact 

that 9 per cent. of the appropriations of 1886 went to Fort Smith, 

Ark., alone, and that 7 per cent. of them for this year went into the same court. It is not surprising that everywhere the marshals and the 

jurors and the bailiffs are complaining. I have received letter upon 

letter from marshals iii Texas, urging me to assist in procuring appropriations and having them placed on the urgent deficiency bil~. . Mr. DOUGHERTY. Will the gentleman from Texas allow me to 

interrupt him for a moment? 
1888. CONGRESSIONAL RECORD-HOUSE. 1233 

:Mr. SAYERS. Yes, sir. 

Mr. DOUGHERTY. I wish to state as afact in the line of the argument which the gentleman from Texas is pursuing, that at the last 

term of the United States district and circuit courts in the district of 

Jacksonville, Fla., the jurors and witnesses had to be discharged and 

the court adjourned because there was no appropriation to carry on the 

court. 

1\!r. SAYERS. · If we had had the time after the 1·emarks delivered 

by the gentleman from Arkansas yesterday evening, we would have 

brought before this committee an itemized statement showing how 

these large sums of money, placed under the control of the Government, had been distributed among the different courts of this Union. 

I could only procure data amply sufficient to demonstrate, beyond 

contradiction, that Fort Smith, Ark., had received more than its just 

share. It is no wonder the gentleman from Arkansas is so anxious to 

defend these courts. It is to his intereEt to do so. They are at his 

home. 

I do not believe, Mr. Chairman, that insufficient appropriations should 

be made. Every department of this Government should be supplied 

by Congress with funds enough to operate it efficiently. But there 

should be an impartial, economical administration in every branch. 

The gentleman seemed anxious to attack the Appropriations Committee, and to make it appear to the country that that committee was unwilling to give needful appropriations with which to properly discharge 

the public duties. 

I submit to this committee that the proposition enunciated in the 

report of the Committee on Approprjations is a true one. 

It declares that--

The system of allotment of appropriations by the Department is inherently bad, o.s, necessarily, no wisdom or judgment can prevent the giving of too much 

money to some courts and too little to others, thereby tempting the former to extravagance and compelling the latter in many instances to suspend proceedings. 

Is this an attack upon the Attorney-General? Is there any intimation in this report from the beginning to the end that the AttorneyGeneral of the United States has been guilty of any impropriety? No, 

sir; but it denounces the system as bad. It has been bad for years, and 

it is the duty of Congress to correct this system and remedy the evil, if 

it be possible to do so. 

Who could have more appropriately brought this matter to the attention of Congress than they who have recommended appropriations and 

have become cognizant of the manner in which the public moneys are 

distributed throughout the country? 

Mr. Chairman, the course of the gentleman from .Arkansas reminds 

me of an anecdote which I beard around the House during the Fortyninth Congress. It seems that a member on this floor was having a 

great deal of opposition at home, and that a very active and intelligent 

oppo:qent who believed in the State-rights doctrine, an~ especially in 

confining the operations of the Federa:l courts within their legitimate 

and constitutional jurisdiction, was canvassing for the nomination and 

very bitterly assailed the then Representative because of hjg wellknown friendliness to the Federal court system. On one occasion 

he made a very strong speech and before a very large auilience. It 

was at the Representative's own home and the excitement was high. 

This candidate portrayed, in eloquent terms, the abuses that were 

growing out of this unnecessary, unlawful, and unconstitutional in- crease of the powers of the Federal judiciary. After he had gotten 

through, one old gentleman arose and said, ''I'm not goin' to vote for 

you." "Why not, my friend?" inquired the orator; "are you not a 

Democrat?" "Yes," said the old man, "I am a Democrat, and a good 

one." ''Then why won't you support me in the nominating convention?" "Well," said the old gentleman, "because one Federal court 

is equal to a second corn crop in this district." [Laughter.] . Now, 

Mr. Chairman, I am willing that the gentleman from Arkansas [Mr. 

ROGERS] shall have a second corn crop, but I am not willing that he 

. shall have a third and fourth corn crop unless like ad vantages shall be 

distributed throughout the country generally. [Renewed laughter.] 

The sole object of the recommendations in the report of the committee 

was to induce Congress, if possible, to correct the system out of which 

the evils complained of have almost necessarily grown. No reflection 

upon any official was intended. 

Mr. BURNES. Mr. Chairman, I deem it my duty to call attention 

somewhat to the method and manner ofmakingappropriations for the 

support of the Government. The Committee on Appropriations is periodically subjected to lectures and patronizing attacks, which. I think 

could be most appropriately omitted; but they seem to be always in 

order, and it appears that when a gentleman can not possibly object to 

any provisions in a proposed bill, can not object to a single item of appropriations therein suggested, as has been the case with the bill under 

consideration, he will, finding nothing better to talk about, undertake 

to discuss even the simple language of recommendation contained in the 

1·eport which the Committee on Appropriations has seen proper to make. 

The opposition to the report on this bill stands at this moment upon 

objections to certain propositions. • The :first is, that the ever-recurring 

deficiencies, both in annual estimates and consequently annual appropriations for the "expenses of United States courts," are entitled to the 

grave and thoughiiul consideration of Congress. I will show that deXIX-78 

ficient estimates for these ~xpenses have annually occurred. But first. 

as to the general subject of appropriations. It js to be borne jn mind 

that the Committee on Appropriations is divested, under the rules of 

the House, of changing exjgting law, of reporting appropriations that 

make such changes, or generally of reporting legislation in an appropriation bil1, however necessary and proper it may be. 

Therefore, being without any power, as before stated, and required 

to report appropriations simply, they can only further benefit Congress 

and the country by calling attention in their report to abuses they are 

powerless to correct and evils which other committ~es may never other.: 

wise have c..'tlled to their attention. 

The gentleman from Arkansas [Mr. ROGERS] attacks us with regard 

to our methods of appropriation and for 1.he necessity of certain deficiencies therein. We answer, "The trouble comes from deficient estimates," and this fact I shall soon proceed to abundantly show. 

But first a.s to time and manner of appropriations. They are made 

annually, to commence with the beginning of the fiscal year succeeding 

that in which they are made. 

When those appropriations are being made for the year to come there -

should be before the Committee on Appropriations accurate and reFable estimates for them by the various Executive Departments. .An inaccurate, an unreliable, or a deficient estimate is absolutely abhorrent 

to good government; a deficient appropriation may be in the line of 

true economy, and certainly tends to lessen expenditures, and in no 

event can do anv harm. 

Estimates shoUld be made in the light of the expenditures af the preceding. year, which are, or ought to be, within the knowledge of the 

person making them. They should be made in the light of experience 

and observation, which should be sufficient to teach their makers the 

amounts that will be necessary under each head for expenses of the 

coming year. · 

With accurate and reliable estimates before them the Committee on 

Appropriations can com~ider with practical discrimination and judgment whether or not it is well to encourage econQmy by limi~g the 

appropriations in the first instance to any less amount than that which 

is estimated. The committee can safely do this, for a deficiency in appropriation can be provided for after the lapse of half the year, and 

when both the Department and committee have the ascertained fact 

of expenditure for six months, and can more closely judge by com pari-· 

son the requirements for the half year. 

The SPEAKER pro tempore. The thirty minutes allowed for general 

debate have expired. The Clerk will now report the bill by sections. 

Mr. BURNES. I ask five minutes more. 

Mr. LONG. Mr. Chairman, I ask unanimous consent that the gentleman from Missouri be allowed five minutes. 

The CHAIRMAN. Is there objection to the request of the gentleman from·Massachp.setts [Mr. LONG]? 

Mr. ROGERS. Yes; unless we can have an opportunity to reply. 

Mr. BURNES. I simply desire to say, Mr. Chairman, that out of 

my hour I gave the gentleman from Arkansas twenty minutes yesterday. 

JI.Ir. ROGERS. Mr. Chairman, I withdraw the objection. 

Mr. BURNES. I now call for the reading of the bill by sections. 

The Cl~rk, reading the bill by sections, read as follows: 

For Treasury building, Washington, D. C.: For completion of silver vault, Sl,OOO. · For new freight elevator, $2,000. 

Mr. CANNON. Mr. Chairman, I move to strike out the last word, 

and I yield my time to the gentleman from Missouri. -

Mr. BURNES. Mr. Chairman, I wa.s proceeding a few moments ago 

to call the attention of the House to the method of appropriating upon 

the annual estimates. Thls House meets upon the first Monday in December and proceeds to make appropriations after we have had the ex- perience not only of the expenditures of preceding years and of the 

judgment of the estimating officers, but also the experience of six months 

of the year for which the appropriation was made. Now, you will observe that the fiscal year beginning on the 1st of July and Congress 

meeting on the first Monday in December, if there should have been 

made a deficient appropriation there is half the year left in which to 

remedy it by making an additional appropriation. Hence I say that 

deficient estimates are always to be abhorred, while deficient appropriations, which may be subsequently remedied, if experience shows a remedy to be necessary, are to be encouraged, and are in the line of true 

economy, tending to diminish the expenditures of the Government. 

But, Mr. Chairman, I wish especially to call the attention of this 

Committee ofthe Whole to theissuewhich hasbeenmade. !tis alittie singular that, standing here with my colleague from Texas [Mr. 

SAYERS], representing the Committee on Appropriations, we are to 

meet criticism and objections in the house of our friends with regard to 

items of estimate and appropriation concerning which the Committee 

on Appropriations is absolutely and unconditionally without fault. 

Sir, you will find that under the head of judicial expenses for the current year the Department estimated$3,155,000. You will further find 

that the appropriations made or to be made in this bill will give that 

Department $3,374,400, making an excess of expenditure over the estimates, not over previous appropriations alone, of$219,400. 

Let us consider the estimates and appropriations with regard to pay 
1234 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

of jurors. In 1885 the estimate for this item was $500,000. It will be 

observed that these estimates were made under a Republican administration; and for one, I can say that from the time I b~uan service on this committee under a Republican administration, I have never stopped 

to consider whether the Departments were governed by Democrats or 

RepublicaJ!S. In 1885 the estimate for expenses of jurors was $500,000; 

the appropriations were $450,000, $50,000 less than the amount estimated. This, we may say, was for the first half year of the Democratic administration and the last half of the Republican administration; 

and p~ps both pru:ties were endeavoring to curtail expenses. In 

1886 the estimates for pay of jurors were $500,000, the expenses $540,000, making in that year the excess of expenditures over estimates $40,000. In 1887 the estimates were $450,000; the appropriations and expenditures were $500,000, an excess of $50,000 over the 

estimates. In 1888 the estimates were $500,000, the appropriations 

and expenditures $650,000, an excess of $150,000 in the expenditures over the estimates. 

[Here the hammer fell.] 

Mr. BURNES. Now, Mr. Chairman, I ta.kethefloo.rin my own right. 

While upon t.his subject, let me call attention to a further fact. The 

geritlemanfrom .A.rkansasyesterday ga.veasareason why these expenses 

should increase, that population and business are increasing, and that, 

naturally enough, expenditures should increase. I find, sir, that in the 

estimates for 1889, the year to come, commencing next July, this same Department which found a deficiency of $40,000 in 1886 and of $50,000 

in 1887, comes to us with an estimate of $50,000 less than the estimate 

for 1888. Does this indicate that that Department is aware of the 

growth of the country and the increase of business? 

But let us come to the pay of witnesses. In 1885 the esti.rn.Rtes for 

this item were $610,000; the appropriations and expenditures were $621,408.7 4, the excess of expenditures over estimates being only $11,-

408.74, which was very close:work for the year 1885, and very creditable work both on the part of the Department and of Congress so far 

as estimates on appropriations were concerned. But in 1886 the estimate for pay of witnesses was $610,000 and the expenditures were $778,-

150, making an excess of expenditures over estimates, mark you, of 

$177,150 for a. single year. 

In 1887, in the light of this deficiency of $177,150, the estimates were $550,00Q-$60,000 less than the estimates forthepreceding yea.r. Evidently this Department had not then learned that there was any in- crease in ~he business of the country or of the courts, because in the light 

of an expenditure of $787,160 for the year 1886 the estimates for this 

service was reduced, not by the .A.ppropr.iations Committee but by this 

Department, to $550,000. .And what was the result? The appropriations and expenditures for 1887 were $750,000-$200,000 in excess of 

the estimates of this Department. Yet the bnsiness of the country 

and of the courts, it is said, is annually swelling ! 

More than that; we come now to 1888, and we find the Department 

had not yet awakened to the fact that the country was growing and 

the business of the courts increasing, for this same estimate of $550,000 

iB gravely submitted to Congress as the amount which will be required 

for this serrice. What are the facts? Congress appropriated $550,000, as asked in the estimates, supplemented in tliis bill by an appropriation of $300,000 more; so that for the current year the exellSS of ex- penditures and appropriations over estimates will be, in round mun- bers, $300,000. We can thus appreciate the wonderful light eman- ating from the gentleman from Arkansas, bu:t which has not pervaded 

the Department he has undertaken to defend while he is attacking the 

Committee on Appropriations. 

[Here the hammer fell.] 

Mr. HENDERSON, of Iowa. I move to amend by striking out the 

last two words--

?tfr. ROGERS. Mr. Chairman--

lli. HENDERSON, of Iowa. .And I yield my time to the gentleman 

from Missouri [Mr. BURNES]. , 

Mr. ROGERS. Mr. Chairman, if the five-minute rule is to be administered in this manner we had better proceed in the ordinary way, so ihat there may be fair time for response. 

!Ir. HENDERSON, of Iowa. If I am recognized, I yield my time 

to the gentleman from Missouri. 

The CH.A.IRM.A.N. The Chair thinks that the arrangement now proposed would not be in accordance with the practice of the House. Ml'. LONG. Mr. Chairman, I ask unanimous consent that the gentleman from ~fissouri, being in charge of this bill from the Committee 

on Appropriations, may have ten minutes. 

Mr. ROGERS. I think the gentleman from Massachusetts [Mr. 

Lmm] ought to broaden his motion--

Mr. LONG. I have no objection to allowing the gentleman from 

Arkansas an opportunity to reply. Shall we renew the general debate? 

1\Ir. BURNES. Not at all. :Mr. Chairman--

Mr. ROGERS. I make a point of order before the gentleman goes on. I want this matter settled at this stage of the proceeding. 

The CH.A.IRl'llAN. The Chair holds that the gentleman from Mis- souri can not proceed further at present. The gentleman from Arkansas [Ur. RoGERS] is recognized . Mr. ROGERS. The chaiJman of the Committee on Appropriations 

having in charge this bill can hardly afford to be unfair. He ought 

not, injustice to the truth of the law, as well as to the facts, to undertake now directly what, by virtue of this reporl;, he did indirectly, attack the 

Department of l ustice. I demonstrated yesterday, if I am able to demonstrat.e anything, that the Department of Justice does not disburse 

these mQneys. 

I wish to call attention to the single fact in this report of the gentleman from Missouri in regard to the court expenses. In 1887 the es- timates were $550,000; the appropriation was 500,000. 

Mr. BURNES. .Allow me a minute. I say that it is no part of my 

purpose, desire, or intention, either in this report or on this floor, to 

criticise theadministrationoftheDepartm.entof Justice. I call attention to the facts, but not for the purpose of criticism. 

Mr. ROGERS. I do not know any other mode of criticising anybody justly except by stating the facts. I for one insist that the force 

of the gentleman's remarks is to reflect upon the Department of Justice. I will not undertake to inquire into his motives at all; but if he 

proposes to hold the Dep:utment of Justice responsible, candor ought 

to compel him to show the Department of Justice has the disbursement 

and control of these moneys, and has been derelict in its duties. 

The gentlemaufrom Pennsylnmia says the "control of the estimates." 

I return to that subject. The estimates in 1886, for witness fees, were $610,000, and the appropriation $500,000. The deficit was S237,150. 

So that notice was sexvedat that time on the Committee on Appropriations that for witness fees it took :3737,150 to transact the business of 

that Department. In the succeeding year, under the administration of 

the same officer, the same estimates were made and like appropriation, 

and the expenditures fell short :S37,000ofthe previous yea.r, or, in other 

words, was $200,000 instead of $237,000. 

In that year the deficiency bill failed, and that deficiency bill is to 

this blessed hour entailing its evi..leffects. It is not my purpose todis- cuss whether or not that deficiency bill failed by reason of the misconduct of this House or the other House. I submit that proposition to 

the gentleman who is chairmun of the committee in this end of the 

Capitol and the gentleman who is the chairman of that committee in 

the other end of the Capitol. 

Mr. RANDALL. I will answer that the Senate is to blame. [Laugh- ter.l 

~ir. ROGERS. .And the gentleman at the other end of the Capitol 

will say that the House is to blame. I am not going to undertake to 

settle between them, but will proceed to speak in reference to the matter now before us. 

[Here the hammer fell. J 

lli. McCREARY. I will take the floor and yield my five minutes 

to the gentleman from Arkansas. 

Mr. ROGERS. Now, Mr. Chairman, in 1888, there c::t.me over, by reason of this deficiency as estimated, not by the clerk of the court 

alone, but by-the Department of Justice, as stated in the docrunent 

procured f.ron;t the Department of Justice and rea.d yesterday, business 

sufficient to require the ~m of $60,000, and I believe a much larger 

sum, that had to be paid out of the appropriation for this year; so that 

the $550,000 appropriated in conformity to the estimates for the year 

1888 was reduced $60,000~ by having to provide for business of a former fiscal year. The result was a deficiency, and the courts were suspended again in December for want of funds. 

In that connection, as constituting absolute demonstration of the fact 

I am trying to show, I wish to send to the Clerk'_s desk to be read a letter from the Comptroller of the Treasury. It will show on the part 

of the several funds to the credit of the United States courts there was ample money for jury purpo es, ample fcmds for all purposes except 

for witnesses, showing that the appropriation had been absorbed by the 

business forced upon it because of the suspension of the court in the 

preceding year. 

The Clerk read as follows: 

TREA.Sun.Y DEPARTMENT, FIRST Co:ui'TROLLEB.'s OFFICE, 

Washington, D. 0., December 13, 1887. 

Sm: As requested by you this morning when you were at the office, I trans- mit herewith a statement of the balances now stru:Jding upon the books of the T reasury Department t-o the credit of the following appropriations for the pres- ent fiscal year, to wit: · 

P ayment of fees and expenses of United States marshals and deputies ............ .............. , ....................................................................... ~.roi.OO 

~= ~~ ~;::;~~· :::::::::::::: :::::::::::~: :: :~::~::::::::::::::::::::::::::::::::::::::::::: 83, ~: ~ As you will see, the appropriation for fees of witnesses is virtually exhausted, 

Very respectfully, M. J. DURHAM, Comptroller. 

Hon. JoHN H. RoGEBS, M. C., 

House of Representatives. 

Mr. ROGERS. So that this letter demonstrates two facts: One is, as I have already sta.tea, that weare carrying in this year's appropriation 

the business of a former fisc..'ll year; and second, if there had not been a f:1ilure of the deficiency bill last Congress the courts would not have 

suspended on the 20th of December last, and there would ha.ve been at 

least $GO, OOO of thi fund, as shown by the Co'!Pptroller's letter, to the credit of the witness fund when tlie courts suspended, to ha-.e carried 

them on until Congress could baYe met and made provision in the usual 

course for the balance of the fiscal year. • 

/ 
r.-~----~------~~--------------~------------------------~--~---------- --------------------------------~--------------------------

1888.- CONGRESSIONAL RECORD-HOUSE. 1235 

Now, having s..'tid that mnch, I yield thefloorto the gentleman from 

Missouri, in order that he may answer, if he can. 

Mr. BURNES. :Mr. Chairman, I ask where the Clerk h:lS left off 

the reading of the bill? 

The CHAIRMAN. The Clerk concluded the reaillng of the second 

line on page 2. 

:Mr. BUllNES. I ask for the reading of the next section. 

The Clerk read as follows: 

For repah·a to Treasury building, $!,000. 

1\Ir. BURNES. Mr. Chairman, I shall not detain the committee 

much longer; but Ifeelit incumbent upon me somewhat to defend this 

report. 

The ever-recurring deficiencies both in annual estim.ates and appropriations 

for the "expenses of United States courts" are entitled to the grave and 

thoughtful consi4eration of Congress. 

What is it that the committee recommend as entitled to the thoughtful U!ld grave consideration of Congress? 

Is it any error upon the part of the Depa.rtment? Is it any attack 

upon the Administration? No, sir; it is simply calling the attention 

of this House and this committee to the expenses of the United States 

cotwts, of one of which at least the gentleman from Arkansas is a representative. It is to the expenses of the United States courts that we 

call the attention of the House, and we show that these expenses are 

gradually increasing year by year, until after a while the estimates will 

be the smallest part of the account in the transaction. That is to say, 

the deficiencies in estimat-es will be greater than the estimates themselves. · 

I think I have shown you that already with regard to the witnesses, 

although Congress gave every dollar asked for under this head for the 

year 1887, there was a deficiency of$200,000; and in the current year, 

alth~ugh we gaT"e everydollar asked for, there is a deficiency of $300;-

000. So you see the deficiencies are growing upon the estimates to 

such an extent that it has even now rea-ched the proportion of three to 

:five; and it seems to me, in the liglit of this state of things, that it will 

be but a question of time, and a short time at that, when ths..estimates 

will become a by-word and be entirely disregarded, both in this' House 

and elsewhere. 

I quarrel with no one. I am quarreling only with the estimates, and 

I state but the facts. If the fa-cts which I allege are criticisms upon 

any individual, whether upon this side of the House or that side, or 

whether upon my own party or the p~ty upon the other side of the 

House, o much the worse for eith{";r party which is responsible for it. 

The facts most be stated, and especially so nuder the great provocation 

which the Committee on Appropriations have had with regard to this 

report in connection with this bill. 

But, sir, it is said that the Department of Justice has nothing to do 

with the allotment of the money to the marshals. Granted. That is 

a. matter of no consideration. The Department of the Treasury or the 

subordinates of the Department of the Treasury send all estimates to 

this COngress, and it is against these estimates that I am complaining. 

It is against them, and not against the gentlemen whohavenotperhaps 

the time. to look into the d~tails of the business of the public. Be that 

as it may, this system is inherently bad, bad beyond all question. 

We appropriated $500,000 to pay witnesses in the U cited States courts 

for a year. Somebody will administer upon that sum and illvide it out 

into say sixty-fiv~ parts, not equal parts, as we have seen, bnt whoever 

has been fleetest of foot, whoever has been smartest in gaining access to, 

or who bas come closest to the throne, has been able to get a-very lru·ge 

proportion, sometimes, of this aggregate sum. So that while in some 

cases, as stated in this letter, where one marshal has more money than 

he needs, the marshal of my friend from Florida, as he has stated to 

the committee, has far less than he needs for the t.ransaction of the public 

business. For this fault who is to blame? It is the fault of Congress, 

the fault of the law, the fault oflegislation. 

Mr. ROGERS. Mr. Chairman, the gentleman from ~Missouri falls 

from his high estate when he drops down into a personal attack upon 

me by charging that I represent any court. I submit, sir, that that is 

beneath the dignity of his high position and wholly unworthy of a 

gentleman who has won a place upon the Appropriations Committee of 

the House of Representatives. 

Mr. BURNES. I ask the gentleman from .Arkansas to allow me a 

moment. 

Mr. ROGERS. Certainly. 

Mr. BURNES. It bas never been my purpose since I have stood 

upon this floor to criticise any gentleman offensively or harshly. In 

alluding to the gentleman as representing this cou.rt, in the nse of language, I meant that there was a court in the district that the gentleman was so ably representing here. I did not propose to state that he 

was a part of the court, that he personally represented the court, or · had anything to do with the details of the business of the court but 

only that it was within his district, ' 

Mr. ROGERS. While the gentleman from :Missouri is explaininO' 

be ought also to explain, in view of his recent disclaimer of his atta;k 

upon the Department of Justice, what he means when he says those 

marshalswhoare ''swiftestof foot'' and ''nearestthe thione '' manaO'e 

to get the larger proportion of the appropriations. "' 

I\fr. BURNES. I answer emphatically, if my friend from A.rkansas 

will allow me, that tbn.t is the rule not only of this administmtion 

but of all other ~dministrntions. It is the rule of human nature. 

''First come, first served.'' 

Mr. UOGEI~S. It wa:: not the qne.stiou of "first come, first served," 

butitwasthequestionof those ''nearestthe ·hrone." Whatismeant 

by the gentleman from l.Iissouri by that expression'!" Is it .not meant 

that those officers of the court who reside in the State from which the 

distinguished Attorne1.-Geneml comes are the largest beneficiaries in 

this matter, and that 1t is because they do reside in that State? I submit that is beneath the djgnity of honorable discussion on the floo• 

Let me suggest in that cqnnection another thing to the gentleman 

from 1\lissomi and the country-whether he proposes to stand up here 

and defend the stoppage of courts in this country with forty-four men 

~jail awaiti~g trial on the charge of murder in_one court, and impute 1m proper motives to the Attorney-General or the Rep.resentati ve of that 

district because they advocate that sums sufficiently large shall be 

granted so that the people in that district shall have the constitutiorral 

right of a fair, speedy, and impartia.I trial under the law. 

That is what I undertake to def~nd . I do not stand np for one court. 

I stand for the integrity of the whole system from ocean to ocean, and 

from the lakes to the sea. I stand agallist this system of doling out in 

insufficient sums money to run the court.<:;, a system which results in 

the stoppage of. the courts, in the increase of the expense and in the 

harshest, most tyrannical, and most unconstitutional oppression of the 

poor unfortunates who are incarcerated in the prisons throughout the 

land. If I am to be 13tigmatized for that, I am ready to accept the stigma 

at the hands of the gentleman from Missomi, or any one else. 

I am for the supremacy ofthe law, in the administmtionofthisGoverument on high and correct principle~, and for such appropriations as 

will enable it to be admin.i.Stered on such principles. And I stand for 

one other thing. That is that the Fiftieth Congress of the United States 

shall lift itself out of the rut of vicious precedents and march forward 

abreast of the times. 

[Here the hammer fell.] 

Ur. SA. YERS obtained the floor and yielded his time to Mr. BURNES. 

1\Ir. BURNES. I shall not stand here and bandy words with the 

gentleman from.A.rkansas, who I suppose, undertberulesofthe House, 

has a right to express himself as he pleases. That is hi..:; business. I 

ha\-e probably the same right. But I propose not to consider with him 

in this place what is an honorable or a dishonorable line of debate. 

This is neither the time nor the occasion for such a consideration. 

Now, sir, I am not quarreling with the administration of the De-

:partment of Justice, nor with the Attorney-General. My quarrel, if 

I may use the word, is with the e_stima.tes for judicial expenses, and 

for pay of jurors, witnesses, etc., in United States courts, made, I suppose, in the Dep:utment of Justice, which, as I have shown, have been 

persistently inadequate to cover the expenilltures. It is no fault of 

Congress or of the Committee on Appropriations that cou.rts have suspended, that witnesses and jurors have not been paid, but solely the 

natural result of deficient estimates, over which the Department of 

Justice has control. For the time has fnlly come when this much-misrepresented committee is compelled to give notice that every dollar 

that has been estimated for has been appropriated, and vastly more 

each year, as I have shown; and I submit as part of my remarks the 

report of the committee which has been the innocent object of assault, 

as follows: EXPESSES UNITED STATES COURTS. 

There are recommended in the bill, appropriations, on estimat-es submitted by 

the Department of Justice, for balance of the current fiscal year, as follows: 

!~~ ~~; ~f~7=~~~:~~:::::::::::::::::::::::::::.::::::::::::::::::::::::: ::::::::::-: :::: ::::: ~:5 The estimates, appropriations, and deficiencies for jurors and witnesses for the fiscal years 1886 to 1888, and the estimates submitted for 1889, are as follows : 

For jurors. For witnesses. 

Years. 

Appropri- Esti te -.--. 1i . Appropri- Est" Defi . ations. mn. s. k'e mency. ations. rmates. mency. 

1885~ ...•..... $!00,000 $>00,000 $50,000 $""<>00,000 *610,000 $121,408. 74 1886 .. ......... 450,000 500,000 90,000 550,000 610,000 237,150. 00 

1887 ··· ····-··· 450,000 450,000 50,000 550,000 550,000 200,000.00 

1883 ......•...• 450,000 500,000 150,000 550,000 550,000 300,000.00 

1889 .•.••••.••• ................. 450,000 . .................. .................. 550,000 ·-·······-4··· .. ····• 

The ever-recurring deficiencies both in annual estimates and appropriations for the" expenses of United States courts" are entitled to thegraveand thoughtful consideration of Congress. The real cause of them may be fourid- L In the system of allotment of appropriations by the Department, which is inherently bad; as, necessarily,no wisdom or judgment can prevent the giving 

of too much money to some courts and too little to others, thereby t-empting the 

former to extravagance a.nd compelling the latt-er in many instances tosnspend 

proceeding!!. 2. In the power of appointment of clerks and certain other officers and em- ployes of United States courts by the district judge, who too frequently gathers 

around him in official positions or employment those who by blood or marriage constitute his personal family. 3. In the want of a. different system of disbursing the money appropriated for 

/ 

/ 

I • 
/ 

'. 

1236 CONGRESSIONAL RECORD-HOUSE. FEBRUARY \ 15, 

these expenses, the present system of payment through the marshals being un- satisfactor·y and demoralizing. 

At the place where a Unit~d States court is held a disbursing officer might 

well be Rppointed under existing law, who, being wholly disinterested, and uu- der the law and strict regulations of the Treasury Department, could make the court disbursements without loss, delay, or irregularity, and a tall times be ready to report the balance on han{!. The cost of disbursement would not be thereby 

increased, and the great reform would be that the self-created creditor of the 

United States would not be the cust<>dian of the money out of which he is to be- come paymaster to himself and associates. . lt will be observed that in 1885 the expenditure for jurors was $450,000, which amount was $50,000 less than the estimates for that year. In 1886 the expenditurese.iceeded the estimates·to the amount of$40,000; in 1887 the expenditures e~eded the estimates to the amount of $50,000; and in 1888, if the appropriation in this bill is made, the expenditures will exceed the estimates $100,000. 

Thus year by year there is a steady increase of ~xpenditures over estimates, so that some remedy must be interposed if a due regard for the public money is t-o be observed. 

In 1885 the expenditures for witnesses were $11,4.08.'14in excess of the estimates; 

in 1886 the expenditures were in excess of the estimates to the amount of $177,-

150; in 1887 the expenditures were in excess of the estimates to the amount of 

$200,000; in 1888 the expenditures, if the appropriation in this bill is made, will 

be in excess of the estimates to the amount of$300,000. How long will it be before the excess ef expenditures over estimates or appropriations will be more than the amount estimated or appropriated for this service? But the most painful and deplorable part of this subject has relation to the wrongs and outrages perpetrated, under the forms of law, upon poor and ofttimes ignorant men, by deputy United States marshals and others because of some mere technical or iniaginary petty misdemeanor, in order that a color of 

right may appear for retaining money of the United States for extraordinary expenses of witnesses and others. If the prodigal waste un<ler this head were only the loss of money to the United States the injury would be inconsiderable as compared with the personal wrongs upon individual citizens perpetrated 

merely as a basis for large expenditures. The system now, and for years existing, pays a premium for cupidity and encourages assaults upon the body of the 

people.· 

If there has been any failure of justice, any stoppage of courts-if 

there has been any delay or default in the public business of the courts 

of the country, it has arisen either from the failure of the deficiency 

bill last year, for which this House was in no sense responsible, or it 

has come from a failure to make adequate and sufficient estimates of 

appropriation. This is an answer and these are facts which .no sophistry can obscure and no criticism of the Committee on Appropriations 

can refute. 

The Committee on Appropriations have called the attention of the 

House to only some-a few-of the deficiencies in the estimates of appropriations by the Departmentof Justice. .An additional request has come through the House to the committee within the last two days for an estimated deficiency in the previous estimates for the support of 

prisoners in the various penitentiaries and in the jails for $90,000. And 

it is a curious fact that among these prisoners there appears in the re- port of the Attorney-General a statement that five hundred and one of 

them are prisoners in the jail at Fort Smith, Ark., now, or if not now, 

they were there only a short time ago. The cost of supporting these 

prisoners of the United States has risen from 9 cents a day each, as in my own State, for convicts in the penitentiary, to 47 cents a day. 

This Government pays for prisoners confined this 47 cents for a day's 

boarding for el!_ch, when one-half that sum woq,ld be ample compensation for everything he gets. 

It is due the Department of Justice to add that this increased cost 

of prisoners has resulted from recent legislation prohibiting them from 

working under certain conditions, whereby their labor has'been lost 

to the States in whose prisons they are confined. 

But that does not apply to the prisoneTs before conviction, nor to 

those poor, ignorant men who, for every imaginable petty Dlisdemeanor, are seized and thrown into the jails of the country from one end of the 

land to another. Read the reports and you will find that thousands 

of these people are lying in jail unable to give bond, the unfortunate 

victims of a tyrannical and overbearing system of arrest by deputy 

marshals and commitment by United States CQmmissioners, dependent 

upon the system for their fees. . These men are supplemented by the 

jailor, who takes his extravagant fees far his common prison fare, and 

all of them and all parties connected in any way with the horrible business except the United States Government and the poor, helpless victims of its laws or officers, are cheerful and happy in their gains. 

Some poor farmer, after his year's work is done, sells a -quarter of a dollar's worth of the agricultural product of his own labor to some one not authorized by law to buy it, a licensed tobacco purchaser, for instance, 

and for this petty offense a marshal, or usually_ a deputy, seiZ€s him as a criminal, carries him often a great distance from his home; a commissioner grave1y examines into the matter by the aid of witnesses carrying on the industryofearning mileageand per diem for their discoveries, and of course the result is never doubtful. The prisoner is incarcerated, and we are boarding him at th"e rate of 47 cents a day or more. Five hundred persons in the ja~l at Fort Smith means an expenditure 

of about $250 a day. The Government foots the bill, and some people 

who keep that jail and feed those prisoners are none the poorer. 

Mr. ROGERS. I know that the gentleman does not wish to state 

anything that is not true in fact. Will he tell us where he got his information that five hundred and one prisoners were in jail at Fort 

Smith at one time? There is not room for them to stand in the jail. 

Mr. BURNES. That is the number during the year. 

:Mr. ROGERS. Oh, I suppose there are about five hundred trials 

during the year; but you said that there were that number there at 

one time, and y~t you are attacking the court because it does not dispose of more business. on less money ! 

Mr. BURNES. No. I am not attacking the court. I know the 

judge at Fort Smith. He was one of my respected Republican prede- cessors in this HalL I know the judge well and believe him to be honest, and I indorse him as a man and as a judge. I am not complaining of the judge or of any person; I am complaining ofthis unlortunate system called our judicial system, which is to-day perpetrating more wrongs upon the people than any other system existing in this 

land. · 

[Here the hammer fell.] 

Mr. RANDALL. Mr. Chairman, I move to strike out the last word. 

I" shall not stop to say anything in defense of the Committee on Appropriations. Long service here makes me quite aware that this criticism 

is one of the emoluments of a position on that committee, and I have 

really come to believe that I possess one of the most valued qualities of 

the prize-fighter, namely, to be able to stand more pummeling and come up more serenely than most of my colleagues. [Laughter.] I do say, 

however, that there is less reliance fu be placed upon the estimates of 

the Department of Justice than upon those of any other Department ot 

this Government, and I do not confine that remark to the Department 

of Justice as it is now organized. It has been so ever since my con- nection with the Committee on Appropriations began. 

Now, the utter unreliability of those estimates must, in my judgment, result from one of two causes. Either there must be a lack of 

intelligence in administration, not a la-ck of honesty, but a la-ck of intemgence, or else the fault must be in the system. I have been con- vinced for years that the fault is in the system, and, as a member of the 

Committee on Appropriations in previous Congresses, I have more than once sought to have some provision placed upon the appropriation bill 

which would prevent this large expenditure of money, without in any 

way promoting the ends of justice; but it has been generally kept off 

the bill by points of order made under the rules of the House. We 

have had also, if I remember aright, the Judiciary Committee of the 

House endeavoring in a like direction, and, now what has the Committee on Appropriations done in this instance? 

I have nothing to say about the strength of the language employed, 

but I have much: to say with reference to the strength of the purpose of 

the committee, which is to bring this House and the people in control 

of the administration of justice in this country to a realization of what 

is necessary in this conhection. If I may be permitted without offense 

to make the suggestion, I desire to bring to the attention of the Judiciary Committee of this House the propriety of considering and presenting some sort of amendment to the statute laws which will prevent the gross injustice that is being done to innocent and unoffending 

citizens in various parts of the country, and I was not surprised to see my friend from Missouri [Mr. BURNES] fall in with the suggestion 

that many of these wrongs and persecutions r,ome from the administrationoftheinternal-revenue laws. By all means abolish them! [Laughter and applause.] When we find a law or set of laws that result in 

doing wrong and inflicting persecution upon the citizen, it is our duty 

to duly consider the matter and find a remedy. I should not have 

risen at all, perhaps, except for the purpose of indicating to the proper 

committee of this House, in a calm, dispassionate, and gentle way 

[laughter], that there is something expected of them in this connec- tion. I trust, without the least offense to my friend from Arkansas, 

that they will take the hint. ''A wink is as good as a nod to a blind 

horse.'' fLaughter.] 

Mr. ROGERS. Mr. Chairman, when the intellectual feast is about 

"played out" we take part in the physical feast; and I see if I can not 

be beaten down on the law and the facts I am to be worried out physically. 

Now, Mr Chairman, I sometimes take a "wink;" but when I 

'' wink '' I ''wink '' at the tariff. 

Mr. RANDALL. All right; we shall ''wink'' together, it may be. 

[Laughter and applause.] 

Mr. ROGERS. 1\{r. Chairman, if that suggestion means anything 

it affords me the most profound gratification, for heretofore we have 

not been ''winking" together on that subject. ·Mr. RANDALL. I would not like to say so, but perhaps the gentleman is a little blear-eyed on that point. [Laughter.] 

Mr. ROGERS. Mr. Chairman, it is not the tariff that blears one's • eyes; it is the product of the internal-revenue system that affects the 

eyes. 

Mr. RANDALL. I would soon make them blind on that. [Laugh~ 

ter.] -

Mr. ROGERS. I must accept the gentleman's statement on that 

subject. Mr. Chairman, the gentleman no doQ.bt can tell just how 

to "wink" by the direction that the applause comes from. 

Mr. RANDALL. Oh, no. Mr. ROGERS. Bnt tam not going to discuss either with him or the gentleman from Missouri the internal-revenue system. I turn 

that over to the Ways and Means Committee. 

With these remarks I ·am perfectly willing, after all the ~entleman 

from Missouri.has said, to let his last remarks go by default, with a passing suggestion only-that in all my remarks of an hour and a quarter 
• 

1888. CONGRESSIONAL RECORD--HOUSE. 1237 

yesterday and in those I have made to-day there will not be found, I 

think, a single sentence that can be construed into anything personally 

offensive to anybody. Moreover, I did not begin the scene which has 

taken place in the House to-day. 

Mr. BURNES rose. Mr. O'NEILL, of Missouri. "Let us have peace." [Laughter.] 

Mr. BURNES. Mr. Chairman, I call attention to the report of the 

Attorney-General for the year 1887. By this report I find that of those 

in jail at Fort Smith, Ark., during the year, 122 are put down as in 

jail serving sentences and 501 as awaiting examination or trial. Now, 

you can construe that as you. please. I give this statement from the 

report of the "Attorney-General himself for 1887. 

Mr. ROGERS. That is, during the year? 

Mr. BURNES. I do not know whether it is or not. That is the 

number of persons set down as in jail awaiting examination or trial--

Mr. ROGERS. If you do not know how the fact is, you ought not 

to make the statement. 

Mr. BURNES. I make the statement on the faith of what I see before me in this report-" of those in jail during the year serving sen- tence or awaiting exa.mination or trial." It appears there are 122 

serving sentence and 501 "hanging by the gills." [Laughter.] 

A single remark in reply to my distinguished colleague on the com- mittee, the gentleman from Pennsylvania [Mr. RANDALL]. I trust 

that no one will misunderstand my position because of the playful 

turn which that gentleman has given to my remarks. 

Mr. RANDALL. I do not propose to commit you in advance. 

Mr. BURNES. Mr. Chairman, 1 shall never cease to denounce the 

evils, the outrages, and the horrors that are perpetrated in the name of law by public officers under the internal-revenue system of this Governme~t. At the same time I wish to say to the gentleman from 

Pennsylvania and to the country that we will first equalize the burdens of taxation and reduce the duties upon some of the necessaries of 

life before we undertake to diminish to any great extent the revenue from internal taxation. [Applause.] 

Mr. HERBERT. Mr. Chairman, it will perhaps divert the attention 

of the House a little from the course this debate has taken to bring it 

back to the question suggested by the gentleman from Pennsylvania. 

He says, and says truly, that there is a defect somewhere in onr judiciary system, or in the manner of its administration. That defect has 

been pointed out clearly to this House by successive Attorneys-Generalby Attorney-General Devens, by At'\iorney-General Brewster, by Attorney-General Garland-all of them concurring in the opinion that ·this defect results from thefeesystem-fromthepaymentoffeestomarshals, fees to district attorneys, fees to con:imissione.liB. The gentleman 

from Pennsylvaniahascorrectlystated that we once attempted to remedy 

this evil upon an appropriation bill. In the Forty-eighth Congress we sent to the Senate upon an appropriation bill provisions reforming this 

system; but the Senate, it seems, had not time to consider the subject, 

and some Senators, too, objected to the measure because it came in that 

way. ! -think this an appropriate occasion to appeal to the Judiciary 

Committee to bringintothis House a bill'which will remedy the evils of 

the existing system. 

Mr. MILLIKEN. The gentleman will hllow me to say that a bill 

for this purpose was introduced in the House in the Forty-ninth Congress, was discussed here, but failed to receive consideration in the 

Senate. 

Mr. HERBERT. Soitdid. TheHousehaslongrecognized the.evils 

of this system, and if we would only take up this question promptly, as we ought, we might in a short time send to the Senate a bill which 

it would consider and which would remedy the great and growing evils now existing. 

Mr. Chairman, the evil of the fee system results from the size of our judicial districts. The marshal's fees depend not only on the number 

of cases, on the number of warrants and subpcenas he has to serve, but 

upon the distances traveled to serve. Mileage is what pays him, and 

this is a standing temptation before him. The district attorney's fees 

depend on the number as well as on the character of the cases he prosecutes. It is the size of the district that causes the difference between 

the fee system of the States and the fee system when applied to Federal 

courts. This is true also of the States where generally the fee system 

obta.fus, but in the States, in every county, there are judicial officers, and 

there are executive office1'S, and they are responsible to the public opinion of that county, where all their duties are discharged, for the manner in :which they conduct their offices. They arrest no man, they try no man who is not in that county, and generally every person arrested is 

a voter. But owing to the size of the judicial districts of the United 

States courts, a commissioner sits in the center of that district, and, 

having his office there, issues his w;trrants for men residing at great 

distances, sometimes hundreds of miles away, and brings them before 

him-men who are strangers to him, men who have no influence over 

public opinion in the community where the commissioner lives. So 

it is with the marshal and the district attorney. They are not directly 

amenable to the public opinion prevailing in the neighborhood of the 

prisoners arrested for the manner in which they transact the duties of 

their office, as similar officers are in the several States, because the prisoners they arrest and try are generally brought long distances from 

their homes. 

I did not rise, however, in the brief time allotted to me, to at tempt to 

discuss this question at any length, but merely to call the attention of 

the House at this juncture to this very great and important su bjectand 

to express the hope that the House will soon set itself to work to correct 

this evil. 

[Here the hammer fell.] 

By unanimous consent the pro forma amendment was withdrawn. 

Mr. BURNES. There are some twenty-eight estimates for public 

buildings which have come to the committee, and which are in excess of the limit fixed in the law for the completion of public buildings. 

::(tis obvious, therefore, that a point of order would lie against each 

and every one of them. Submitting to the rule of the House, I have 

been instructed by the committee to ask unanimous consent to allow 

these amendments to be presented, and also to allow a similar amendment to be presented by the gentleman from Tennessee fMr. WASHINGTON]. If unanimous consent be granted, these amendments can be 

considered. Without such consent, under the rule, no consideration can be had, as they are obnoxious to the point of or¢ier. 

A MEMBER. Why were they not incorporated in the bill? 

Mr. BURNES. Simply because they were obnoxious to the point 

of order, that inasmuch as they are in excess of the amount limited by 

the law for the construction of these public buildings. I desire to say the reason given by the Supervising Architect, in whom we have confidence, 

is that these expenditures, ranging from $1,000 to $50,000 or $60,000, 

will immediately finish these buildings and save large amounts ·in rent 

which the Government is now paying. 

Senator Hitchcock appeared before us and stated the "Government 

would save by completing the building iri his town $12,000 now paid 

for rent. We are told the same thing is true in reference to these other • public buildings. There is no question, therefore, but it is in the line of 

economy to appropriate this money. It would be appropriated without question if it wer~ before the Committee on Public Buildings and 

Grounds. For these reasons the Committee on Appropriations have 

recommended that these appropriations be made, and in order that the 

matter may be brought before the committee for consideration, including the amendment of the gentleman fro·m Tennessee [Mr. WASHINGTON], I will now ask by unanimous consent the point of order against 

them may be waived. 

Mr. RANDALL: They were not incorporated in the bill because the 

committee were unwilling to take the position of violating the rules of 

the House. 

The CHAIRMAN. The Chair hears no objection, and the point of 

order is waived, and the gentleman will send his amendment up. 

Mr. BURNES. I submit the following amendment. 

The Clerk read as follows: · · For court-house and post-office at Aberdeen, Miss.: For iron fence, sidewalk 

of ap proaches, in excess of the limit, $4,000. 

For post-office and court-house at Auburn, N.Y.: For completion, in excess of the limit, $30,000. 

For fire-proofing building, $1.2,000. For post-office and court-house at Augusta, Me.: For completion, in excess of 

the limit, $35,000. 

For fire-proofing building, $12,000. 

For custom-house and post-office at Buffalo, N. Y. : For completion, in excess of the limit. 5500. · For court-bouse and post-office at Carson City, Nev.: For completion, in excess of the limit, $36,000. 

For custom-house wharf at Charleston, S. C.: For extension and completion, in excess of the limit, $138,000. 

For pos~office and court-house at Concord, N. H.: For completion, in excess of the limit, $11,000. 

For court-bouse and post-office at Dallas, Tex.: For completion, in excess of 

the limit, 811,000. 

For court-house and post-office at Denver, Colo.: For extension and completion, in excess of the limit, $60,000. 

For marine hospital at Detroit, Mich.: For boiler and engine house, ~.500. 

For court-house and post-office at Fo1·t Wayne, Ind.: For completion, in ex- cess of the limit, 816,000. 

For post-office at Hannibal, Mo.~ For completion, in excess of the limit, 000. 

For court-house and post-office at Jackson, Tenn.: For completion, in excess of the limit, $10,000. 

For court-house and post-office at Keokuk, Iowa: For completion, in excess of the limit, $15,000. 

For court-house and post-office at Leavenworth, Kans.: For completion, in excess of the limit, $3,000. 

For court-house and post-office at Louisville, Ky.: That limit of cost of building be exclusive of amount paid for site. For court-bouse and post-office at Lyncbburgh, Va.: Forcompletion,in excess of the limit, $2,000. • 

For post-office and court·house at Manchester, N. H.: For fire-proofing and 

completion, in excess of the limit, $46,000. 

For post-office and court-house at Montpelier, Vt.: For completion, in excess of the limit, $20,000. For fire-proofing building, $1.5,000. For court-bouse and post-office at Pensacola, Fla.: For completion, in excess of the limit, $2,000. 

For custom-house and post-office at Port Townsend, Wash.: For completion, in excess of the limit, $38,000. 

For post-office at Poughkeepsie, N.Y.: For completion, in excess of the limit, 

$500. 

For custom-house at Richmond, Va.: For completion, in excess of the limit, 

$33,000. For court-house and post-office at Rochester, N.Y.: For fire-proofing· and com- pletion, in excess of the limit, S50,000. For post-office and court-house at Shreveport, La.: For plumbing and com- pletion, in excess of the limit, $2,000. 
-~ . 

I 

• 

1238 OONGRESSIONAL REOORD--HOUSE. FEBRUARY 15, 

For post-office at Springfield, Ohio: For completion, in excess of the limit, 

15,000. . For fire-proofing building, $23,000. For post-office at St. Joseph, 1\Io.: For unforeseen expenditure, resulting from 

settling of the building and occasioning tearing down, strengthening foundations, and rebuilding, $40,000. For post-office and court-house at Syracuse, N .Y.: For extension, granjte work 

for approaches, and completion, in excess of the limit, $65,000. And said building mn.y be extended on the north side thereof 15 feet and one story high. 

!<'or post-office at Terre Haute, Ind.: For completion, in excess of the limit, 

$32,000. For cnstom-house and court-house at Toledo, Ohio: For completion, in excess of the limit, 17,000. For court-house at Jefferson City, Mo.: For completion of the building, $3,000. For court-hou eat Columbus, Ohio: For elevator, $8,000. 

:Mr. WASHINGTON proposed the following additional amendment: 

The custom-hol!Se at Nashville, Tenn.: For the construction of an elevator, 

$4,000. 

The CHAI.I:tMAN. Is there objection to considering these several 

amendments? 

:Mr. ADAMS. I desire to ask, as it is not stated here in the bill, 

what amount is appropriated in connection with the building at Louisville-the amount paid for the site? 

Mr. SAYERS. One hundred and forliy-one thousand dollars. 

.Mr. ADAMS. I think it should have been stated in the bill. 

Mr. RANDALL. Mr. Chairman--

The CHAIRMAN. Is there objection to the consideration of these 

several amendments? 

:Mr. BREWER. Let us hear from the gentleman from Pennsylvania 

first. 

The CHAIRMAN. The first question is, will the committee consider 

these amendments? 

There was no objection. 

Mr. RANDALL. Mr. Chairman, I did not object to the consideration of these amendments, because I do not see that Congress can in any 

other way remedy the mistakes made in this bureau. It is really a 

wholesale change of law, with reference to some thirty of these buildings, as to the limits originally prescribed. 

In my judgment, however, I should fail to properly discharge my 

duty on this floor if I did not direct attention to what I deem to be the 

loose, irresponsible, and uncertain manner of the expenditure of public 

money in connection with such matters. Whether such objectionable 

practices can be remedied by administration or will require the enforcement of statute law, I am not prepared to say with certrunty at this 

time, but either one thing or the other should be done. There should 

be a reorganization of that bureau by the Administration, or else Congress 

should come to, the rescue, through its appropriate committee in this 

House, and provide by statute how this business should be conducted. 

It is well known that we give ea~h year a certain amount of money 

for the payment of the employes, draughtsmen, sketchers, clerks, and 

others in this connection, and yet that appropriation of mon~y gives no 

true index of the system of work there; nor do the expenditures give 

any fair and accurate information as to the amount of money that is 

actually expended. · 

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

:l'!Ir. RANDALL. Yes, sir. . 

Mr. HATCH. Is not all that expense for draug'hting, etc., that the 

gentleman from Pennsylvania alludes to, taken out of each individual 

appropriation? 

Mr. RANDALL. There is one or . · 1 mistakes of administration. 

M:r. HATCH. Permit me a momeuli. I want to say that here is 

an appropriation to complete the building at Hannibal, Mo., of 52,000; 

and yet there would have been no lack of funds to complete it if it had 

not been that of the money already appropri..1.ted for that purpose 

amounts were used in draughting and other such expenses in that office 

which were supposed to be done under the general appropriation. 

Mr. RANDALL. The gentleman is quite conect in his statement as 

to the Hannibal building. Not only is that true, but I know that of 

the appropriations made to some other buildings sums of money have 

been taken for work upon as many as twenty-five or thirty different 

buildings having no relation whatever with the appropriation and 

nothing to do with the object that Congress had in view in making the 

appropriation, and we knew nothing of it. Congress supposed when 

the appropriation was made, and a limit fixed, that the amount expended by the administration of this bureau was to pay only for the 

work upon the particular building specified. But in many instances 

sums have been taken out of the particular appropriation to cover expenses on various other buildings. Mr. McKINNEY. By what right? 

Mr. RANDALL. By the right of might. There is no law of Congress to justify it. 

Mr. WILKINSON. Will the gentleman from Pennsylvania permit 

me to ask if this has been done by the present incumbent of the office? 

Mr. RANDALL. Not to my knowledge; and I am inclined t{) believe 

that he is trying to remedy these mistakes. 

Bot., Mr. Chairman, I am not inveighing against anybody. It has come as a tradition from former times that it can be done, and it is 

proper under such circumstances that I should make some suggestion 

as to what in my opinion should be done in this connection. 

I am ofthe opinion that-this bureau ought to be officeTed as other 

bureaus of the Government are officered in the Treasury; that you 

should give so much money to provide for the payment of salaries to 

certain capable draughtsmen, and that you should give sufficient silanes to secure proper copyists, sketchers: .clerks, and others necessary. 

Why can not this be organized as other bureaus are organized? In 

this manner the expenditures there ~n be made specific; and the expenditures for plans, etc., of buildings, being done from a center, can be 

done under a system, while the amount necessary for the payment of 

janitors, superintendents, and custodin.ns of public buildings at the 

particular lo~tion where the building is being erected will come entirely out of the fund appropriated by Congress for this purpose. Because of the om_ission to do this the many deficiencies to which attention has been called are brought to pass. 

l'lfr. HATCH. Let me ask the gentleman if this can not be done 

without any additional legislation, if it is recommended by the Secretary, by putting it into the legislative appropriation bill? 

Mr. RANDALL. My own judgment is, and my own opinion, that 

the administration of the Treasury Department will remedy the matter, and I am inclined to believe that it is within the range of administration. But if it is not done, then some organization ought to be 

J:>rought about by legislation through the proper committee of this 

House, to wit, the Committee on Public Buildings and Grounds. 

Pardon me, Mr. Chairman, for occupying so much tim{} in this connection; but when I see a wholesale breakage of the law which has 

fixed the limits of these building~, as now proposed, I think it doe to 

the House to say that this should not be, and to incidentally and perhaps crudely undertake to suggest a mode of avoiding it in thefuture. 

l\Ir. MILLIKEN. So far as this matter is concerned there certainly 

can be no reflection justly made upon the committee from which these 

bills come; and I can not see that there is any reflection justly to be 

made upon this House. In all the bills introduced in the last Congress, 

as :flu as my memory goes, appropriating money for public building , 

a clause was inserted, suggested by the gentleman from Inc:liana [Mr. 

HoLMAN], providing that no money should be appropriated, or at least 

used, until the Sopervising.A.rcbitect had made his estimates, and that 

the estimates should come within the limitation of the appropriation 

for the building. 

Mi'. SAYERS. Will the gentleman from Maine allow me to interrupt him to make a suggestion? 

.M:r. JI.ULLIKEN. Yes, sir . • 

Mr. SA.YERS. These items of appropriation here refer to buildings 

which were authorized to be erected. 

Mr. MILLIKEN. I so understand it, and they were authorized, 

some of them, if n~t all of them, by the Forty-eighth and Forty-ninth 

Congresses; some of them certainly by the Forty-eighth. 

Mr. HATCH. Some of them as far back as the Forty-seventh Congress. 

Mr. :MILLIKEN. Now, that provision was placed in the bills for 

the purpose of avoiding just what has occurred here to-day, for the purpose of bringing the cost of the public building within the amount appropriated, so that Congress might know, when it was appropriating this · 

money, how much it was going finally to expend on these public buildings, and in order that it might not be said, as it has been so often said, 

"This appropriation is simply an entering wedge; by and by you will 

want to get something more appropriated." 

That was oneofthe objections which weremadeagainstthese appropriations. Now, sofarasthepresentSupervisingArchitectiscohcemed, 

I have no reason-and if I had a reason I do not klww I should do itto make any criticism upon him at all. I do not know the gentleman 

personally, and I know very little about the administration of his office, 

and in the absence of that knowledge I assume that he is doing his 

duty judiciously and honestly. But certainly if these abuses have not 

sprung up during his administration they have not been amended by 

it. Perhaps he has not had time or opportunity during the brief term 

of his administration of his office to give his attention to them. I desire to treat him fairly. -

I think there is something a little further than this in the matter. I 

think that after these. public buildings have been commenced there has 

been sometimes a little too much politics in the matter of their construction. I desire to make a statement in regard to the building at 

Augusta, l'!Ie. I introduced into this House the bill for tho erection of 

that building. An appropriation of $150,000 was made for it. I stated 

to the House the $150,000 would erect and finish the building. I understood it to· be so from the Supervising Architect. He had made his 

plans and specifi~'ltions, and that was the amount of money he said it 

was necessary to appropriate, and we appropriated it. 

Now, how has the work gone on? Why, sir, instead of issuing an 

invitation for proposals, the substructure of the building, which was 

quite costly, has been built by da.ys' work at a cost which many people 

believe to have been considerably larger than the sum which it could 

have been built for if the work had been done by contract. Then, when 

the question came of building the superstructure, the Department <lid 

advertise for :proposals, and proposals were sent in. 

[Here the hammer fell] 

:Mr. RYAN was Tecognized, and yielded his time toUr. MILLIKEN. 
1888. CONGRESSIONAL RECORD-HOUSE. 1239 

Mr. MILLIKEN. When the proposals were received it was found 

that there were half a dozen bids, more o.r less, for the building. As it 

h.appenedacert.aincompany, which perhaps has builtmorepublicbuildings th::m any other in this country, a company entirely responsible, 

entirely capal>le of doing the best kind of work in the cheapest manner, for its granite works are within 2 miles of the spot where the building was to be constructed, was the lowest bidder; and what was the 

result? A little coterie of gentlemen came here, as I am credibly informed, protested against this company getting the work to do. Why? 

Because, and for no other n'ason in the world, the man who was at the 

head of this compn,ny, who I am sorry is now dead, who was recently 

governor of the State of Maine, Mr. Bodwell, was a Republican; and 

·they said, "This work must not go into the hands of Republicans, because they would employ nobody but Republicans_;" and the final event 

was all the bids were rejected. Then they advertised for proposals-

! am stating what I know; indeed, what anybody may know if he will 

inquire-they advertised for proposals to furnish the material. Very 

well; when the bids came in it happened to be a repetition of the same 

old case; they were rejected again; and then they issued letters asking 

the bidders to revise their proposals. 

Mr. WISE. Will the gentleman from Maine allow me a question? 

J\1r. MILLIKEN. Yes, sir. 

Mr. WISE. Are you opposed to the erection of public buildings by 

days' labor? 

Mr. MILLIKEN. I was opposed to the work I have referred to being done by days' labor, because I believed it could be done by contract for within. the limit of the appropriation. 

1llr. BLAND. When did all this take place? 

Mr. MILLIKEN. This last summer. 

Mr. BLAND. Who was in chargeoftheconstructionofpublic buildings at that time? : Mr. 1\ITLLIKEN. The same person who is in charge now. . 

Mr. BLAND. When was be appointed? 

Mr. MILLIKEN. I do not say he is responsible, but somebody is. 

Further than that, :M:r. Bodwell told me himself that he offered to take 

$150,000 and :finish that building to the satisfaction of the Department, 

in as good style and manner as any building of the same class in the 

United States, and that offer was refused. The contract was given to 

another co~pany; and while the substructure has been constructed of 

white granite they are building the :first story of the superstructure of 

dark granite. Possibly they will build the third story, which has not 

yet been contracted for, of red granite; and if they continue as they 

have begun we shall haveapublicbuildinglikeJoseph'scoat-ofmany 

colors; and God only kuows what it will cost if Congress shall, from 

time to time, be so indulgent as to furnish the money. 

Now, I say there is something beyond what the House has control 

ofin regard to these expenditures on public buildings. I am in favor 

of granting this $35,000, because it is necessary in order to put tJ.te 

building into habitable shape. You can not leave it without a roof; 

you can not leave it without a .third st-ory; you can not leave it unfurnished; and therefore, because it is necessary in the present state of 

the case, in order to make the building of any·use to the Government, 

I am in favor of the amendment. But the whole trouble might have 

been avoided by going forward in a business-like, non-political way, as 

should be the course in every C.'\Se of this kind. The construction of 

public buildings should be purely a matter of business, wherein politics 

should have no consideration. 

?Ylr. RANDALL. Will the gentleman permit a question? 

:M:r. MILLIKEN. I wilL • Mr. RANDALL. Are you not a member of the Committee on Public Buildings and Grounds? 

Ur. MILLIKEN. I am. 

Mr. RANDALL. Then, in view of the statements yon have just 

made, I think it is the duty of that committ-ee to in some way consider and recommend a proposition to be enacted into law, which would 

prevent a repetition of the evils you complain of. 

Mr. MILLIKEN. The gentleman is older in Congress than I am, 

and if he will submit a bill for that purpose I doubt not the committee 

will consider it favorably, if indeed such a bill can be formulated. 

1\Ir. RANDALL. I have a great many other things to attend to, 

and this business belongs to your committee. 

Mr. BURNES. Mr. Chairman, by an oversight of the committee an omL~ion has been made which will be supplied by the amendment I 

send to the desk. 

The Clerk read as follows: 

Post-office at Jersey City, N. J.: For necessary extension of the building, $12,200. 

lli. BURNES. Mr. Chairman, I ask unanimous consent to pass 

upon these propositions together in order to save time. 

The CHAIRMAN. As the Chair understands, the committee has not 

agreed to consider the last proposition, and the gentleman in charge of 

the bill now asks unanimous consent that they all be considered together. 

Mr. BURNES. Yes, I ask unanimous consent that all these amendments be taken l;lS one paragraph and considered in gross. 

There was no o~jection. 

:Mr. VOORHEES. ~Ir. Chairman, I desire to o:fl'er an amendment to 

this amendment . . 

The Clerk read as follows: 

Strike out $32,000 and insert $~,000 as the limit for the construction of the public building at Port Townsend, Wash. · 

Mr. BURNES. I make the point of order against that amendment 

that there is neither an estima,te of the Department for it nor of the 

Supervising Architect. 

Mr. VOORHEES. I trust that the gentleman will withhold his 

point of order long enough to permit me to make a brief statement. 

1l1r. BURNES. Ha;dng made the point, I will withhold it for the 

gentleman's statement. 

Mr. VOORHEES. Mr. Chairman, it is susceptible of the clearest 

and most positive demonstration that the customs district of Puget 

Sound is one of the most important in the United States. At a meeting of the city council of Port Townsend, which is the port of entry, 

in November last, a set of resolutions wa.s adopted, which was ratified 

by the board of trade of that city, settillg out in detail the statistics 

relating to this great customs district, and it appears that the appropriation originally made _pn the 3d day of 1\Iarch, 1885, for this public building is totally inadequate to erect a building sufficient to accommodate the growing commerce of this portion of the Pacific Northwest. At that time $70,000 was appropriated for the erection of a public building, which was t-o accolll.modate not only the cri.stomsbusiness, but also the post-office and the United Statf.s courts atthat point. 

Subsequently, on the 9th day of December, 1886, an additional appropriation of :S12, 000 was made, making the appropriation in all $82,000. 

Now, Mr. Chairman, it is absolt~tely true that the superficial area of 

floor-room contemplated by the plans adopted for the construction of 

this public building will be less than is now furnished in the rented 

buildings occupied by the customs department, leaving no room what- , 

ever for the accommodation of the post-office and the courts. 

It a,:ppears from these statisti~l details that in the customs district 

of Puget Sound there are more American steam-vessels engaged in the 

foreign trade than there are in any other American port; there is a greater tonnage of American sie,'l>m-vessels engaged in the foreign trade · 

than in any other port except New York. 

In the aggregate number of American and foreign steam-vessels engaged in the foreign trade it stands second, New York being :first. In 

the aggregate tonnage of American and foreign steam-vessels engaged 

in the foreign trade it stands seventh. In the aggregate number of entrances and clearances of American and foreign vessels, steam and sa~ 

it stands fourth. In the aggregate tonnage of all vessels, American and 

foreign, steam and sail, it stands seventh. 

This showing alone fully sustains my assertion that this customs district is one of the foremost in the United States. 

It appears further, ~Ir. Chairman, that while the collections in this 

district in 1886 amounted to $79,000, there has been since that time 

such a phenomenal growth and increase in the transactions of the district that the collector now estimates that during the pres(lnt year the 

collections will reach the sum of $250,000. 

I submit, Mr. Chairman, that it is a matter of economy, pure and 

simple, to give us money enough to construct a building at this port 

which will accommodate the rapidly growing and ihcreasing business 

of the district of Puget Sound. 

[Here the hammer fell.] 

Mr. CRAIN obtained the floor and said: I yield my .time to the gentleman from Washington Territory [Mr. VooRHEES]. 

Mr. VOORHEES. I am very much obliged to the gentleman from 

Texas. 

Mr. Chairman, I might read from these resolutions a great many 

additional reasons for this increased appropriation, but my time will 

not permit. The following suggestions are very valuable as establishing the commercial importance of this port of entry: Port Townsend as a. center of travel is rapidly growing in importance, being the first American port reached by large ocean steamers arriving and departing tri-monthly to and from .Alaska; also the first port on Puget Sound con- nected by ocean steamer with San Franci-,co making weekly trips; also con- necting by daily steamer with Victoria, British Columbia., and by two lines of daily steamers With southern and eastern inland points· also by two semi- weekly steame:rs with Vancouver, British Columbia; also havipgvarionslocal steamer lines radiating on daily, tri-weekly, and semi-weekly schedules. It is 

also the northern terminus of the Port Townsend Southern Raliroad, a line of rail way being projected south ward to connect with the great transcontinental lines. Port Townsend is nearly opposite, and only 30 mHes distant from, Vic- toria, the capital ofthe province of British Columbia., where the English Gov- ernment ha.s e:&:pended a. million dollars or more in public works. 

The first appropriation ever made for the benefit of Washington Territory for a purpose of this kind was the appropriation of $70,000, subsequently increased to $82,0001 $9,000 of which it was necessary to 

expend for a site on which to erect this public building, leaving an insufficient amount available for the construction of the building and 

the payment of expenses incideBtal thereto. 

It seems to me singular that the Go-.ernment of the United States 

should hesitate to appropriate $250,000 to provide for the transaction 

of the business of this port in view of the fact that the British Government has expended more than $1,000,000 at Victoria, a point 30 miles 

to the northward, the commercial importance of which is no greater and 

possibly not as great as is that of Port Townsend. 
, 

1240 CONGRESSIONAL RECORD-===-HOUSE. FEBR.UARY 15, 

Mr. Chairman, our exports of lumber, coal, wheat, and other products are estimated at$10,000,000 annually; and the statistics to which 

I ·have adverted indicate that this customs district is of sufficient importance to justify Congress in making an appropriation adequate for, 

the construction of a building which will cost not less th:m $250,000, 

the limit asked for. 

Mr. BOUTELLE. I wish to ask the chairman of the subcommittee bow much these increased appropriations for public Jmildings embraced in this amendment will aggregate? 

lfr. BURNES. About $800,000. 

Mr. BOUTELLE. What information has the committee received 

upon which to base its judgment that these appropriations are neces- sary? .... 

Mr. BURNES. We have received specific reports from. the Supervising Architect, setting forth in detail the condition of the work in 

each case and the amount of work to be done in order to complete the 

building. 

Mr. BOUTELLE. Ha.c:~ the committee or the House any guaranty 

or any evidence that the amounts now proposed to be appropriated will 

secure the completion of these buildings? -

:M:r. RANDALL. The committee can not give any guaranty. 

Mr. BURNES. The committee can not guaranty, nor bas anybody 

undertaken to guaranty to the committee, that such will be the result; 

but the Supervising Architect, in whose judgment and pains-taking care 

we have great confidence, assures us that these appropriations will complete the buildings. 

Mr. BOUTELLE. And this officer in whose "pains-taking care " 

and judgment yon_ have this confidence is the same officer who, in some 

instances, made the plans. 

Mr. RANDALL. Oh, no. 

Mr. BURNES. This officer has been in office.only about a year. 

Mr. BOUTELLE. Then yon have more confidence in the present 

officer than in the former one. 

Mr. RANDALL. A fairer way to state the matter would be that we 

have no confidence in the system. 

Mr. BOUTELLE. What we want to get at is, whether the House 

has any assurance whatever that these buildings will ever be completed. 

Mr. SPRINGER. Oh, yes; we now have a Democrat in charge. 

Mr. FELTON. Will not their completion depend on the appropriations w bicb may be made? 

Mr. BURNES. I can say I have perfect confidence myself that these 

appropriations will complete these buildings. That confidence is based 

upon my knowledge of the character of the Supervising Architect, whose 

assurances to me in that respect are ample. 

Mr. BOUTELLE. I am very glad to find that one gentleman is satisfied. 

Mr. MILLIKEN. I suppose it is very certain the buildings will not 

be completed unless the necessary money be appropriated. 

Mr. McMILLIN. Having been called to the Renate during the earlier part of·this discussion, I desire to know whether any of the appropriations now proposed to be made will carry the gross amount of the 

appropriations for these buildings beyond the limits originally fixed . 

- Mr. BURNES. They are all increases. 

Mr. BOUTELLE. Mr. Chairman, my object in making these inquiries has been more especially to ascertain to what extent the Treasury, by these expenilitures, is being mortgaged for the future against 

the passage of :tlleasures providing public buildings for localities where 

the people ought to have the accommodations asked, and would be entirely content with the appropriation of a reasonable and moderate sum, 

but are unable to get action at the bands of this House, largely, as I believe, becauseoftbe improvident and extravagant increase of appropriations for buildings already authorized by law. · 

I have introduced and have now pending before the committee of this 

House a bill which has been before the House now during three "Congresses, asking the moderate appropriation of $50,000foracustom-house 

and post-office in one of the most rapidly growing districts of my State. 

The building proposed to be constmcted is not to be a pauper institution, but the revenues from that customs district would pay for the 

building in the course of two or three years. Yet, while year after 

year we have been appropriating money to build court-houses and postoffices in various villages and hamlets all over the country, where there 

is not a solitary penny of revenue, where every dollar of expenditure 

must be given outright by the Government, and the only equivalent obtained is in the increased comfort of the legal fraternity attending court, 

it bas been ~mpossible in many instances to get deserving measures of 

this character before the House; and now we are proposing to spend 

$800,000 in the way of increased appropriations for buildings which 

have been heretofore provided for. 

M:r. VOORHEES. I rise to a parliamentary inquiry. I desire to 

know the status of my amendment to the amendment. 

The CHAIRMAN. The gentleman from Missouri reserved the question of order, which be will now state. 

Mr. BURNES. My point of order is that this is not only an appropriation in excess of the limit fixed by law, but it comes here without any 

recommendation on the ~art of the Supervising Architect of the Treasury Department that it is necessary. I see no reason for it, and I .insist 

upon my point of order. 

The CHAIRMAN. The Chair can not see bow any suggestion from 

the Supervising Architect would affect .the point of order. The com- mittee agreed to consider these several propositions although not authorized by law; and having agreed to consider them, it is in order to 

consider amendments to them. 

Mr. SAYERS. I believe I have the floor. 

Mr. CANNON. I wish to say that if I understood the Chair's decision--

Mr. SAYERS. I believe I have the floor. 

The CHAIRMAN. The gentleman from Illinois wishes to be beard 

on the point of order, and will be recognized. 

Mr. CANNO:N'.' If! understood the unanimous consentitwas given 

for the purpose of reporting an amendment from the Committee on 

.Appropriations covering certain items, and also to the gentleman from 

Tennessee [Mr. 'VASHINGTON] to make a similar amendment; but I 

did not know that unanimous consent was given for the purpose of offering other and independent amendments l_}roviding for other buildings. 

The CHAIRMAN. The Chair does not so understand the fact. The 

gentleman from Missouri asked by unanimous consent to offer for consideration an amendment covering items of appropriation beyond the 

limit fixed in the laws providing for those public buildings, and unanimous consent was granted for that purpose and also to allow the gentleman from Tennessee [Mr. W .ASHINGTO ] to move a similar amend. 

ment. 

Mr. CANNON. Then this amendment is one of them? 

The CHAIRMAN. Yes, this is one of them, and having agreed to 

consider them they are open to amendment. 

Mr. CANNON. I did not understand that t.his was one of them. 

The CHAIRMAN. Yes, this is one of them, and the gentleman's 

amendment to the amendment is in order. 

l'lfr. SAYERS. I desire to ask the gentleman from Maine [Mr. BouTEI~LE] whether we did not pass a bill for him in tlle Forty-ninth Congress, appropriating $100,000. 

Mr. BOUTELLE. I did not hear the gentleman. 

Mr. SAYERS. Did you not direct a bill to be introduced Jast Congress, and did not the Honse pass it? 

Mr. BOUTELLE. In the last Congress a bill was passed restoring a 

public building in my Congressional district. 

Mr. SAYERS. Was not $100,000 appropriated for that building? 

Mr. BOUTELLE. Yes, for the purpose of restoring a public building 

destroyed by fire. That is all right. We were entitled to have the bill 

pas ed. 

Mr. SAYERS. I would ask the gentleman whether or not the Committee on Public Buildings and Grounds did not recommend for him 

the construction of a public building in the Forty-seventh, Fortyeighth, and Forty-ninth Congresses, and whether the same bill is not 

now before that committee? 

Mr. BOUTELLE. I understand that bill is now before the Committee on Public Buildings aud Grounds, and I am complaining because I can not get the committee to report it to the House. 

Mr. SAYERS. Did not the gentleman have the bill before those 

three Congre...c;ses? · 

Mr. BOUTELLE. It ought to llave been reported among the very 

first bills introduced in this Congress, but it has not been, and that is 

the reason I am complaining. 

Mr. SAYERS. I wish to say, Mr. Chairman, that this House bas 

done as much for the gentleman from Alaine as he asked, and if the 

gentleman did not get his bill through during the Forty-seventh, Fortyeighth, and Forty-ninth Congresses it was because it was his fault or 

his misfortune. 

Mr. BOUTE.LLE. I admit that it was my misfortune not to have 

gotten it through, and that is why I complain. 

Mr. BELDEN. Mr. Chairman, the gentleman from Maine has made 

an inquiry as to whether there were detailed estimates for this work, 

which I desire to answer, and state that I speak understandingly and 

advisedly when I respond that this is the first estimate in detail that 

bas been presented to the House within twenty years. 

This estimate is given in detail, every item is presented, every single 

item set out in full, and the amount of tbedeficiencybereisforitemsthat 

were not in the original plan at all. It is not, therefore, a deficiency 

in the true sense of the word. The faet of the matter is that the estimates have been made up wj.tbout care or attention, being made by 

men without ability to give them correctly. Many things which should 

have been included in the ~timates have been left out entirely. But 

the present Architect ha.c:~ inserted every item in this appropriation bill, 

and has prepared an estimate, item by item, of tlle amount required. 

Mr. LONG. You mean as to the building at Syracuse? 

Mr. BELDEN. I mea.n as to several buildings. 

I make the statement boldly that there never bas been an estimate 

presented for the completion of a building so much in detail, prepared 

with so much care, and one that is so sure to be right as this one. 

Mr. BOUTELLE. Then you share the confidence of the gentlemar 

from Missouri that these appropriations are to be final? 
1888: CONGRESSIONAL RECORD-HOUSE. 1241 

Mr. BELDEN. I do, sir. 

Mr. BOUTELLE. I am glad of that. · 

Mr. BELDEN. I know the fads; I have gone over the whole subject in detail and have examined whatwasleft out informer estimates, 

and I tell th~ gentleman that there is not a dollar asked for here that 

he does not tell us exactly what it is for. 

Much has been said in this discussion about deficiencies. The fact 

is that the Government work here has all been done cheaper than any 

other work or any private work could be done. But if the gentleman 

from Maine gets his $50,000 appropriated, and the estimate is changed, 

he will find that there will be a deficiency. 

The gentleman from Pennsylvania [Mr. RANDALL] m_ade. the only 

suggestion which in my judgment will cover the question ill fut~e, 

and that is the appointment of competent men and a bureau havmg 

charge of the matter. It has been done by a lot of boys. Every gentleman here knows, who bas bad experience in such matters, that be can scarcely bund an ordinary stable or a little bouse without having it 

cost much more than be estimated. You can not expect this Government work to cost less when boys have been making the estimates. 

Mr. MILLIKEN. Will the gentleman from New York tell us w betber 

the force of boys under the present Administration doing this work bas 

been increased or diminished, and how long they have been there? .Mr. BELDEN. I do not know. The gentleman now in charge is a stranger to me. But I know from experience that it requires competent men to do this work. I have looked into the question and I feel that 

I am <'.ompetent to give an opinion upon it. 

Mr. MILLIKEN. I do not intend to impea-ch the Department, but 

the gentleman speaks of a lot of boys there. 

Mr. BOUTELLE. Mr. Chairman, what is the particular question 

before the House? , The CHAIRMAN. The gentleman from New York bas the floor. 

Mr. BELDEN. I say, Mr. Chairman, that the estimates which have 

been made, almost universally, heretofore have been made by incompetent persons or without sufficient care, and we have ?-O bureau tha~ can do it. I say that the present gentleman who occup1es the place, If he 

undertakes to do it all as well as he has made these estimates, will not 

be able to finish one-fourth of these buildings; and nothing but a plan 

similar to that suggested by the gentleman from Pennsylvania [Mr. 

RANDALL] will cover the difficulty. 

[Here the hammer fell.] 

Mr. BURNES. I now ask unanimous consent that debate upon this 

proposition be closed. 

There was no objection, and it was so ordered. 

Mr. HERMANN. Mr. Chairman, the State of Oregon is entitled 

toThe CHAIRMAN. Debate has been closed by unanimous consent. 

Mr. HERMANN. If unanimous consent is required, I object. 

The CHAIRMAN. The gentleman is too late. · 

Mr. HERMANN. Then Iaskunanimousconsentto be permitted to 

occupy the floor for two or three or four minutes on the pending amendment. [Cries of "Too late ! "] 

Mr. BURNES. Let him have the time. [Cries of "Regular or- der!"] 

The CHAIRMAN. The question is on the amendment proposed by 

the gentleman from Washington Territorv. .:.. 

The question was taken; and on a division there were-ayes 25, noes 78. • 

So the amendment was rejected. 

Mr. HERMANN. I now move to strike out the :first word. 

Mr. Chairman, I wish to say--

The CHAIRMAN. Debate is closed by order of the committee. 

Mr. HERMANN. Then I will offer the amendment to a succee~ng paragraph. 

Mr . .!LLEN, 'Of Michigan. Mr. Chairman, I wish to make a parliamentary inquiry. 

The CHAIRMAN. The gentleman will state it. 

Mr. ALLEN, of Michigan. When the motion of the gentleman from 

Missouri was made to close debate it was absolutely impossible for the 

gentleman .from Oregon, or anybody sitting even two seats back of 

me, to hear a word because of the confusion upon the floor of the 

House. The gentleman during that confusion could not, of course, take 

cognizance of what was passing; and therefore I ask if this strict rule 

should be· held to apply to him? 

The CHAIRMAN. The Chair can not keep order upon the floor ex- cept with the co-operation of gentlemen on the floor. The Chair will 

take great pleasure in co-operating with the gentleman from Michigan 

:md other gentlemen in preserving order. · ' 

The pro forma amendment was withdrawn. 

The CHAIRMAN. The question is on the amendments offered by 

the gentleman from Missouri. 

The amendments were agreed to. 

The Clerk read the following paragraph: 

1\!ints and assay offices: 

For wages assay office at Boise City, 81,890. For wages assay office at Boise City, being a deficiency for the fiscal year 1887, $335. 

For wages ~say office at Boise City, being for the service of the fiscal year 1885, 

$335. For . . d ffi "" 000 freight on bullion and com, mmts an assay o ces, ;;u, • 

Mr. HERMANN. I move to strike out the last word. I regret exceedingly, as representing a State more interested than any ot~er ~the 

amendment just disposed of, that the House has not deemed It w1se or prudent to agree to the request made in the amendment offered by the 

DeleO'ate from Washington Territory. Here comes a request, not from 

asingle individual or Delegate, butitisarequestwhich is backed up and 

indorsed unanimously by the Board of Trade of Port Townsend~ and by 

the inhabitants of that enterprising and marvelously growing c1ty, and 

by the unanimous request ofthe Legislative Assembly of the Territory 

of Washington. . When the original act was passed in March, 1885, granting an appropriation of $75,000 for the construction of t?is building, a different state 

of affairs existed in the northwestern portion of the cou~try from what 

exists at the present time. Then the service o~ the customs de:partment required but eighteen persons to perform 1t. Now the busmess 

bas so grown in magnitude a:' to require t~rty-six persons to perf~rp1 

that service. Then, Mr. Chrurman, the receipts amounted to but 3h9,-

000, whereas now, in the remarkably short lapse of but three yeaTs,. they 

have grown to the enormous amount of $250,000. More ~on~y Is re- ceived each year by the collector of customs of that great district than 

is sufficient to erect the building which bas been recently under consideration. • Mr. Chairman, it is not only to the local interests of the great Nor~hwest that this amendment is of importance. The people of the entire 

nation are interested in it. My friend from Washington Territory. has 

almost exhaustively gone over the ground and shown to this H?use 

ample and sufficient reasons why his amendment should have received 

favorable consideration. But he might also well have referred to the 

construction of two great transcontinental lines which now reach that 

inland sea. The Northern Pacific bas Hs terminus on those waters, 

and the Canadian Pacific, with its present terminus at Vancouver, will 

be connected and is now being connected with the waters of Puget 

Sound. And thus becomes still greater the necessity for a proper custom-bouse at that place. . . If there is anything required to confirm or ~orroborate the petitio~s 

sent to this House it is the ex:jgency which ensts at that place at this 

time. When you look at the resort the Government is compelled to 

make to renting outside buildings at an immense amoul_ltofrentalannually, and when you look at the great am?unt or foreign ~ommerce, 

the immense amount of local as well as fore1gn shipments, It seems to me that this House should not pause a solitary moment in voting every 

dollar requested. . . : . . . . The Government should be like an mdi vidual ill matters of thiS kind. 

Its action in managing its affairs should be as economical and as pui~­

taking as would be that of an individual. I~ he. was pr~sperous. in h1s 

circumstances with an immense surplus at bts disposal, m carrymg on 

his business transactions would he allow himself to go to work and 

rent outside buildings just because he did not feel that the time bad 

arrived to spend what was necessary in erecting a building? A man who 

would allow the money to remain in his pocket' and pay rental for outside buildings, while at the same time recognizing the necessity for ~he 

construction of additional buildings for his own use, would be actrng 

with as little wisdom as is shown in the refusal of the necessary appropriations for this purpose. The sam.e rule w hi~h :wopld apply to a discreet economical individual or busmess assomation certamly should 

apply to the Government of the whole nation. The c?m_merce of the 

entire country requires this, and the necessary appropnat10n should be 

made. 

[Here the hammer fell.] . The pro forma amendment was withdrawn. 

The Clerk read the follQwing paragraph: 

Light-stations: . 

Hell Gate light-station, New York.: For lease of !he g:round used as a site for 

the li<>'ht-house and fog-signal establlshed at Hallet s Pomt, near Hell Gate, New York~ from April1, 1886, to June 30, 1888, $1,350. And the Secretary of the Trea;sury is hereby directed to remove the property of the Government from satd 

leased ground on or before June 30, 1888. 

.M:r. LONG. I offer an amendment recommended by the Department. 

since the bill was reported. 

The Clerk read as follows: · Insert after line 2, page 3, the following: . . , "In addition to the amount appropriated by the act makmg approprmt10ns 

for the sundry civil expenses of the Gover~ment, approved ~ugust 4, 1886, for 

the establishment of a light-house and fog-s1gnal at Castle Pomt, Rhode Island, 

the sum of $5,000." 

The amendment was agreed to. · Mr. LATHAM. I offer the amendment which I send to the desk. 

The Clerk read as follows: 

After line 2, paga 3, insert: . . . h ffPamli 

"Pamlioo light-station North Carolina: For estabhshmg a.lig to co Point North Carolina, to' replace the one on the point, $25,000." 

M;. BURNES. I am compelled to interpose the point of order 

against that amendment. 

Mr. LATHAM. I ask tbegentlemanfromMissouri to withhold the 

point of order in order to allow me to make a statement. 

Mr. BURNES. I reserve the point of order. , 

.. 
I 

1242 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

:Mr. LATHAM. The Secretary of the Treasury in his letter transmitting the estimates of deficiencies in the appropriations to the committee, which is dated the 22d of December, 1887, asks that this ap-

_propriation should be made; and in his letter he calls the attention of 

the committee to the importance of its being made. He tells them in 

that letter that the ligbt-house at Pamlico Point, at the month of Pamlico River, has been greatly undermined by the waves of the sound 

and of the river, so that it is insecure and has been abandoned. 

In fuct, in the month of October the light at that light-house was 

extinguished. The river is one of the largest in Eastern North Carolina. Forty miles above its mouth is one of the most prosperous towns 

in that section of the country. Along both banks of the river are large mills engaged in the preparation of lumber for the various mar- kets of the world. It has a West India trade empl(\~i ng six or eight 

vessels, which carry freight to those islands and bri . . ., back large cargoes of salt, ·molasses, and fruit. A number of vessels from northern 

ports are constantly engaged in the lumber traffic, carrying out millions of feet oflumber every year. ~esides that there is a semi-weekly 

line of large and commodious steamers rtlll by the Old Dominion Company to Norfolk. There is another semi-weekly line run to the city 

of Baltimore. 

There is another line from the town of Washington to the neighboring city of New Berne, N. C. The sound and the river are dangerous 

to navigate without this light. It is supplied simply with a gas . buoy, which is utterly and entirely insufficient for the purposes of safe 

navigation. It is proposed by the Department to replace the lighthouse which is now upon the land with a screw light only a few hundred yards distant, which will be amply sufficient for the purpose. If 

the appropriation is not put into this bill, but is left for the sundry 

civil bill, the amount appropriated will not be available in time, and 

meanwhile vessels J.?.3vigating there will be in great danger. The light 

can not be well built during the winter; the work mu.<~t be done during the summer; so that if the appropriation is not put into this bill 

it will probably be twelve months before the new light will illuminate 

that coast. In the mean time, :Mr. Chairman, while this amendment 

of mine may be wrecked here upon a point of order, the lives and the 

property of our fellow-citizens may be wrecked on the point off Pamlico River. I trust, therefore, that the point of order will not be insisted upon. We have not a sufficient number of lights in the sounds 

of North Carolina. You can go almost from one end of Long Island 

Sound to the other by the light of magnificent structures which the 

Government has erected there for the protection of navigation; but 

upon our waters those light-houses are twenty or thirty miles apart. 

I ask ofthls House that they will pass this appropriation now. Mr. BURNES. Mr. Chairman, there can be no question in my mind, 

nor, I presume, in the mind of anyone here, that what the gentleman 

- says is true; but, nevertheless, this proposition is not in order. It is 

clearly a proposition to construct a new light in a different place and 

disconnected entirely with the old one. It has not been considered by 

the Committee on Commerce; it comes here .directly; it is neither an 

urgent deficiency nor is it a proposition to execute any provision of an appropriation already existing under the law. It is a proposition for a 

new work. The present structure is about to be washed away and the 

danger is so great that the light upon it has been discontinued, and 

now they want to erect alight on the shore, wh~ch they say will be of 

greater value than the oM light-house. I have no objection at all to 

the -.wrk; I presume it is a work of great necessity; but under the 

rules it must go to the Committee on Commerce and be authorized and 

established before we can appropriate for it. 

The CHAIRMAN. The Chair sustains the point of order. 

T1ie Clerk read as follows: 

Northwest Seal Rock light-station, California.: For continuing the construc- tion of a. light-house on Northwest Seal Rock, off .Point St. George, California, 

Sl50,000. 

:M.r. CLAUDY. Is not the amount proposed to be appropriated for 

this light-house in excess of the estimates? 

1\Ir. BURNES. The gentleman is speaking of the Northwest Seal 

Rock light-house? 

l\1r. CLARDY. Yes. 

Mr. BUR.NES. One hundred and fifty thousand dollars was the 

original estimate. 

M.r. CLARDY. I will ask my colleague if the amount estimated was 

not $333,000, and if there has not been already appropriated $290,000; so that this $150,000 additional would make the total appropriation ex- ceed the amount of the estimate? 

Mr. BURNES. The facts are these: When this light-house, on the 

northwest coast of California, was established it was established on an 

estimate that the entire cost would be $333,000. Of that amount $290,-

000 has been appropriated, and nearly an of it expended. It is now 

estimated that the total cost will be $721,000, whereas the original es- timate was $333,000 . . 

l\1r. CLARDY. When was this increased estimate for $721,000 

made, and by whom'? 

"Mr. BURNES. lly the Department; the estimate comes from the 

Ligbt-IIouse Board. 

Mr. CLARDY. Has any committee, except the Committee on Appropriations, ever acted upon this increased estimate ? 

lli. BURNES. I really can not speak as to the pmctice; but the 

provision establishing this light, together with the fust appropriation, was made in 1882. · 

. 1\Ir. CLARDY. By the Committee on Appropriations? 

:Mr. BURNES. I think perhaps by the Committee on Appropriations. Whethei the Committee on Commerce reported the legislation 

establishing this light I do not know. 

Mr. CLARDY. I ascertain the fact to be that the provision came from the Committee on Appropri.n.tions in 1882. 

Mr. RANDALL. At that time the practice was for the Committee on Appropriations to originate and insert in their bills matters of this 

kind. Since that time the rules have been changed, and provisions for 

new work of this nature must be considered by the Committee on Cvm- merce. 

1\Ir. CLARDY. I have asked these questions in view of tthe philippic . contained in the report, which I indorse. 

:Mr. BURNES. In justice to my distinguished colleague [Mr. 

CLARDY], the chairman of the Committee on Commerce, I will say I 

am satisfied that the first estimate for this matter went to the Committee on Appropriations. That estimate ~as relied upon, and the 

work was under~en with the idea that it would cost only $333,000. 

Subsequent events have shown the original estimates to have been unreliable, and the total expenditure, as now estimated, will be$721,000. 

Mr. CLARDY. Does not my colleague think that this provision 

would be obnoxious to a point of order? 

Mr. BURNES. Oh, no, sir. 

1\Ir. CLARDY. I mean the increased appropriation. 

Mr. BURNES. There was no limit originally. There was simply an 

estimate for $333,000. The work was authorized, without any limitation as to cost. ' 

:Mr. CLARDY. I thought $333,000 was the amount speciiled originally as the limit of cost. · 

Mr. BURNES. No, sir; that was simply an estimate. 

Mr. BRECKINRIDGE, of Kentucky. As I understand, $200,000 

has already been spent upon this work. 

Mr. BURNES. Yes, sir. 

Mr. BRECKINRIDGE, of Kentucky. And the aggregate expense 

is estimated at $720,000, making the amount yet to be expended 

$430,000? 

l\Ir. BURNES. About that. 

Mr. BRECKINRIDGE, of Kentucky. The expense yet to be inconed, as I understand, will aggregate $430,000, if the last estimate 'holds good. Now, would it not be wiser to abandon the work and let 

the $290,000 go than to spend $430,000 additional upon it? 

Ur. BURNES. For an answer on that point, I will refer the gentleman from Kentucky to the gentleman from California [Mr. 1\IoRRow]. 

Mr. l\IORROW. 1\Ir. Chairman, this light is pro}>a.bly one of the 

most important on the Pacific coast. Thelight·house is being built upon 

a rock about eight miles out in the ocean, where it lies directly in the 

track of all the commerce of the Pacific coast from California to Oregon, Washington Territory, British Columbia, and Alaska. The fact 

that the light-house is being constructed upon a rock, which had been 

placed iD. condition for the ~uperstructure, has been one of the re!l.Sons 

why the original estimate bas proved insufficient. This work is being 

constructed under the direction of one of the best offieers in the service, 

who has now made a careful estimate, and I have no idea that any defi- ciency can arise hereafter. , ' 

When this light-house is completed we shall have there one of the 

most interesting structures of the kind in the world. It will be most 

valuable for the safety it will give to commerce; for to-day Teasels proceeding from San Francisco to Oregon go out of their regular course in 

foggy or stormy weather some twenty or thirty miles in order to m·oid 

this Northwest Seal Rock. It was for years a matter of discussion why 

the Government of the United States failed to place a light-house there, such a work being so si,oonally necessary for the commerce of our coun- try. . I have a very careful sbtement from the engineer in charge of this 

work, and from this st-atement it appears that a p:ut of the present deficiency is due to the fact that from the insufficiency of previous appropriations the work has at times been suspended during the sea on"' 

in which it should properly have been done. In this report the engineer points out how during the last year some $30,000 or $4.0,000 1n 

plant was destroyed because of the fact that the appropriation ran out, 

and it was necessary for the time to abandon the work on tbe rock. 

I am glad that the Committee on Appropriations has adopted tho 

most economical method to secure the completion of the structure by 

appropriating at Qnce the necessary amount so that the work will not 

be again suspended in consequence of insufficient · funds, and that tho 

tools and other appliances may not be allowed to go to ruin, or be 

washed away by the sea. This appropriation, Mr. Chairman, is one in 

the intel'est of economy, and the Committee on .Appropriations has 

acted wisely in reporting the appropriation as recommended by the Department. 
1888. CONGRESSIONAL RECORD-HOUSE. 1243 

I take the liberty of appending to my remarks the recent report of 

the engineer in reference to this work: 

OFFICE OF LIGHT-HOUSE ENGINEER, TwELFTH DISTRICT, 

· San .Francisco, Cal., November 17, 188'7. 

Sm: As I am soon to be relieved in charge of this office, I have the honor to submit the follow~g reportJ.. bringing to· date the. hist~ry of the work for the new light and fog-signal on :::;t. George's Reef, California. An appropriation of Sl20,000 became available on March 4, 1887, and under date of March 7 a. project for the season's work was submitted to the board and approved by its telegram of March 19. 'Vork on the rock itself had been virtually suspended, by failure of sufficient appropriation, since the au~n of 1883, ~nd for _the sam~ reasons our operati<;ms were limited to the quarrymg and cuttmg of stone w1th a small force durmg the good working months of 1884 ~md 1885, and had been totally suspended since November, 1880. Doring this long interval an expensive plant in rope, tools, etc., had so dete- riorated as to need almost complete renewal; spars for derricks and buoys had rotted· landslides had filled up our cuttings, destroyed our tracks, derrick land- ings, ~nd other arrangements for shipping materials at the quarry; and the piles of the wharf at the depot had been so eaten by worms as to be useless. We had prepared; with the exception of a small quantity of rubble, sufficient stone to completetheeighthconrse of masonry of the pier, which would involve the transportation to the rock of over 4.,000 tons of material, and was, in my judgment, all that we could hope to accomplish during the working season. The re-establishment of our facilities for preparing and handling material on Humboldt Bay, the accumulation of the extensive and costly plant necessary, and the relaying of the moorings involved the expenditure of much time, and needed to be hastened to the utmost, if we were to hope for the fnll use in actual construction of the short working season at the rock. In my·project, therefore, I ltsked the board's authority to employ hired labor and make purchases in open market during these preparations. Work at the rock by other means than hired labor has always been regarded a.s out of the question, in view of the numerous contingencies to which it ill subjected; but with the project was submitted a draught of specifiCa.tions under which it was proposed to advertise for bids for the transportation from our depot in Hum- boldt Bay to the work. • On receiptor the board's nppro>al of the various recommendati?ns in t1;te 

project, orders were at once telegraphed to Humboldt Bay to begm work m accordance with full written instructions which had been sent beforehand, and on the 21st of 1\Iarch a force began clearing out the quarry, repairing wharf, 

preparations of spars for buoys and derricks, and overhaul of tho long-disused 

plant and rigging. The schooner Sparrow, of about 200 tons burden, was chartered in Humboldt Bay on the 29th of 1\!a.rch, and the same day we began to fit her ou!i as quarter· 

boat, with eating and sleeping accommodations for a force of fifty to eighty men. 

A large miscellaneous a sortmentoftools, rope, blocks, chain, iron work, and a powerful steam-winch for use on the depot w barf were purchased and shipped 

by the steamer Santa Maria. which had been chartered to lay moorings and set derricks at the rock. She left San Francisco on this errand on the 5th of April for Humboldt Bay. On the lith of April bids in answer to advertisement published 1\Iarch 23 for transportation of material were publicly opened,and the results reported to the board by letter the following day. There were only two offers, one for the steamer Alliance and the second for the Santa Maria, which was higher for the whole service required by about $10,000. I had no doubt that the Alliance, which could only carry 200 tons at a trip, would Le found unequal to the task, and be- lieved that the work could be done by the Santa Maria, of more than double the size. The difference between the two offers being so large, however, I submit- ted the whole matter, with my views, to the board, and received instructions to make contracts with theownerofthe Alliance, which were accordingly entered into 1\Iay 12, 1887. The party on the Santa Maria experienced almost continuous bad weather, and made but slow progress with the moorings up to May 1, when it became necessary to return to Humboldt Bay for various supplies. The quarter-boat 

Sparrow having in the mean time been fitted out, was taken in tow by the Santa Maria on her return to the rock and placed at the moorings there on the 11th, not to leave them again till the closeof.the season's work. The moorings being all in position, on the 18th of May the Santa· Maria was discharged, and the working party taking up their quarters on the Sparrow 

spent the rest of the month in setting up and rigging the four small derricks, 

bnilding a landing stage outside the pier outline, setting up and connecting boiler and engine, and other gene1-a.l preparations for receiving and handling mate rial. The big derrick mast 20 by 20inches, standing since .June, 188-!, was found badly cracked by a blow of the sea at a point some 4.0 feet above its level, and had to be fi bed with iron -bands. The benches as left in the autumn of 1883 were practically uninjured, though a good deal of material had washed out of the vertical walls left stan din~ around the cistern space, which had ;Probably been somewhat shaken in blastmg. Tl10 contractor's vessel, the Alliance, was detained in San Francisco by a trouble, discove1·ed at the last moment, with her boilers, until the 28th of May. She was loaded for her first.trip to the rock on June 2; but on arriving there was found so badly fitted for her work that it was necessary to lei..:d her gear and the services of our own riggers before the material could be gotten out at a.l.l. The first stone in the work was laid the morning of the 7th of .June, and by the evening of the 9th the Alliance had discharged her 200 tons of freight. On the 11th all the material siie had brought was in place in the pier and the con- struction party out of work. This first voyage of the Alliance proved beyond 

question that my fears, expressed to the board before making the contract, that she would be found une~ual to the task, were well founded, and that if we were to hope for success additiOnal m~ans of transportation must be at once secured. It showed furthe r than this, tha t with sufficient transportation our arrange- ments at the rock would enable us to lay the eight courses planned for the se a- son almost beyond a doubt. Under date of June 15 I telegraphed to the boa rd a full a-ccount of the state of a ffairs, a nd in reply received authority to char ter the Santa Maria for $7,000 per month to supplement the services of the .Alliance, butasthefirst-named "t"es- sel was then under another charter I could not secure her services before July 1. The month of June, after the firsttripofthe Alliance, was almost an incessant storm. Reach ing the rock on her second voyage, the 15th June, a gale sprung up a ft er she was moored, and on the night of the lflth, through the parting of some of the Sparrow's lines, the two v~<>els narrowly escaped destruction by collision. On the 17th the Alliance mamtg ed to slip and get clear, lay fotir days for shelter in Crescent City roadstead, and was fina lly discharged on the 22d. During the storm on the 19th, one of the dimension stones on the north face, nearly 30 feet above the sea, and weighing over 2 tons, was washed out of its bed,'tipped over,against the back of the bench, and broken. 'The men had been forced ofl' the rock before they had time to put in the dowel. On the 27th the Alliance reached the rock on her third voyage; but incessant northwest gales' prevented her from discharging until tbe 8th of July on which date the Santa 1\Iaria. made her appearance with her first cargo. ' 

• 

. 

From this time the workwe.""lt on smoollilywithout special incident; though 

during all of July and part; of August there was a good _deal of ti.J:?.e lost from the strong northwest winds, for the prevalence and seventy of w hlch the summer was remarkable. .After .July 4 four men were lefl; on the rock in a cabin, which was set on posts above the cistern space, and strongly secured against the ver- tical cistern wall, with tlle roof about flush with the highest part of the rock, This was a great help, because steam could be gotten up and the working party landed by the big derrick on days when this would have been otherwise im- possible. .. During July we got but fifteen working days; and of the whole perlod from July 1 to September 26, when work was discontinued, there were fifty-seven 

good days, fourteen days when the men landed but were driven off, R?d seven- teen days when no landing was attempted. The total amount of matertallanded on rock was 4. 196 tons, and the number of cubic yards of masonry laid was1,729: On the 15th' of September the last dimension stone for the season was laid, 

finishing the eighth course. The masons were then put on the rubble backing and the cistern face walls, which were finished to top of the eighth course on the 22d. The landing stage was then filled in with concrete around the piles to a depth of about 8 feet; the small derricks, engine, and other portable plant, were taken off the rock, and the boiler made secure in the cistern space. It had been intended to fill the cistern space entirely with dry rubble, but through a misunderstanding tbe necessary material was not sent out from the depot, and this idea could only be partly carried out. It has been found, how- ever that the pier wall so far built breaks the sea considero.bly, so it is believed that 'very little solid water will fall into the cistern space, and though I should prefer to have had it filled, I do not think any harm will come from the present condition of things. Everything possible having been done for the security of ~he work, on tf:e evening of the 26th the Sparrow was cast loose from her moormgs and taken m tow by the Santa Maria. Reaching Humboldt Bay the 27th, the Santn. Maria. was discharged, and a force set to work stripping and clearing up the Spar- row, which was turned over to her owner on the 30th. • .At the beginning of the season the dimension stone for eighth course was in store at the yard, but the rubble needed was all at the quarry with the exception of some 5,000 cubic feet still to be cut. Most of this backing was prepared by the men sent up to form the rock party. While the moorings were being laid, and during the construction work at the rock, the parties left on shore were almost exclusively employed in handling material. Some additional backing was, however, gotten out, and one stone-cutter was kept at the yard preparing di- mension stone to be used in case of accident to any of those shipped. At the end of October the following quantities of material remain on hand: 

Cubic feet. 

Cut dimension stone at yard ........................................................... , ............ 2, 275 Uncut dimension stone at yard .................................................................... 1,100 Uncut dimension stone at quarry................................................................. 230 

~~~b~hl~ ~~a~~y·.:::::::::::::::::::::::::::::::::::·.::::::::::::::::::::::::::::::::::::::::::: ~ ~ The season's work, in spit~ of more than ordinarily bad weather, was com- pletely successful. That no se1·ious accident happened, and no material of any kind was damaged or lost, and that not one of the large face stones, weighing from 2 to 6 tons, was even chipped in all it>9 handling, speaks of itself for the care and skill displayed 

by the superintendent of construction and his subordinates. For stone cutting it can be said that in this curving wall, including an area of about 6,000 square feet, with an allowance of but three-sixteenths of an inch made for joints in the patterns, it was not necessary to use a tool on a face stone at the rock during the entire season. The expense of the work overran our estimate mainly in the setting of the moorings, which reaches the large figure of about $16,000 in consequence of the terrible weather of April and 1\Iay, and the high price which we had to pay for the charter of a suitable steamer. ' There are submitted herewith two tables, the first showing generally the ex· penditnre on the work to date, aggregating SZ73,434.48; the second, in detail the expenditure subsequent to the passage of the last appropriation, aggregating 

Sll3,348.38. If the masonry laid last summer resists uninjured the winter storms, the work has passed its experimental stage, for the system of construction can never be so severely tested again. The pier, even in its present condition, has been found to so break up the sea from the north and west that it will be possible next sea- son to keep the working party altogether on the rock. The existing landing stage, which is the only available space outside the pier 

outline, is at the level of the cistern floor (25 feet below top of rock). This an- swered for last summer, but'now that the work is higher it will be economical to raise the landing stage 20 feet so as to reduce the lift-s with hand-power der- ricks after the material has been landed by steam. It is proposed to fit this space between the two levels of the landing stage as men's quarters, and be- lie>ed that this arrangement can be mnde amply secure for the working season. A suitable quarter-boat costs nearly $1,000 to fit out, and her expenses for charter and crew will be about $1,500 a month, beside which the outfit in rope to enable her to lie at the moorings will annually amount to nearly 83,000. Be- sides this direct saving in having the men on shore there is the time saved in gett-ing the men on and off with the derrick, a.nd days gained when work can be done though landing would have been impossible. 

It will be an advantage also to be entirely clear of the contractors for trans· portation, if, as I suppose, this work is to be done by contract. During last sea- son, with two vessels together at the. moorings, it was constantly necessary for self-preservation for our men to give the contractor help, handling lines, mak- ing fas~. etc., and in practice we had always to give their vessels our hawsers to the rock, which damaged them more than our own use. At the close of this yea1"s work we had only a balance of about $16,565. . Next session of Congress, being a long one, we can not expect new money before July 1. Notwithstanding this, I think that if money is available a good season'swork can be done next year. Ourmoorings next season willonlyneed slight repairs; and these can be made, the proposed workmen's quarters built, d e rricks and engines set up--in all probability during the first three weeks of July. In the same time contracts or other arrangements can be made, and ves- • sels in readiness in Humboldt Bay to begin the transportation, so that we can secure the eight or nine best weeks of the season, during which last year the bulk of our work was really done. Of the 4.,196 tons of material landed last summer 3,386 tons were landed after July 20. With the advantages of height of pier already built, and wen living on the rock, I have little doubt that we could handle 5,000 tons next season, even with the time thus shortened, which finishes pier to boiler-room floor; and I am also confident that with the little start we gain with funds now available, we could supply the necessary material by pushing things at the quarry and yard. The doubtful element is in the transportation,which will have toP, e.rn.ans.ged better 

than last year t-o carry out this programme. Whether this service is to be performed by contract or by hired labor, the sery- ice of two >easels, each ·with a capacity of some 400 tons dead-weight cargo, will be absolutely necessary. Last spring the demand for vessels of every kind was something unprece- dented and rates for charter and freight higher than known before. This was the reason why I received only two bids for the transportation, for a. number of 
1244 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

responsible persons anxious to bid were prevented from doing so because they 

could not get vessels. To meet this demand a large fleet of steam schooners has 

been launched this summer, all vessels quite suitable for our work, and while 

it is impossible to predict whether or not the p~;esent extraordinary" demand for 

lumber in Southern Oa.lifornin will continue undiminished, lam inclined to the 

opinion that next year will be a more favorable one than last for a good con- tract for transportation, or the charter of the necessary vessels to do the work 

ourselves. 

No detailed estimate has been made, in my knowledge', for the total cost of 

this light, and in the lack of experience which is now gained, no such detailed 

estimate with good claims for accuracy would have been possible. I have had this estimate of the cost now required for completion prepared 

with much care, and the results are submitted in table No.2, herew1th. The cost of all materials as given in the first column is computed on the light-house 

wharf in Humboldt Bay, and the transportation and labor at the rock then 

a.ddedin the last. The pier itself now remaining to be built is figured on course by course, and then the tower is separated into two parts, the first from top of 

pier to top of ground floor, the second from thence to top of tower. The stone- work is kept by itself in the upper part of the table, and then follow the miscellaneous items of iron-work, wood-work, boiler, and machinery, lens and lantern. 

Separate small tables show the details of cost of cut stone, rubble, etc. 'l'he 

calculations are based on the adopted form of pier outline, carried to the top 

with rubble backing; and the general plan of tower shown on the board's drawings, with Sli2'ht modifications in the latter to reduce to practicable dimensions stones shown of excessive sizes. 

The labor of masons and stone-cutters is arrived at by adding to what the cost would be on shore the percentage shown to be necessary by the working days 

lost last season. I have included in the estimate one important modification in the general plan 

which will increase the cost by some $10.000, but which will, !think, be found necessary. 

It was proposed to cover the opening above the boiler-room in the top f.l.oor 

of the pier by an iron skylight with heavy glass in it. This is at an elevation 

of only 70 feet above the sea, and the roof of the fog-signal at Tillamook. 110 

feet above the sea, has already been smashed in during a storm. The skylight will certainly get heavy blows, and will be, I think, a very bad arrangement 

for both light and ventilation. I strongly recommend a stone house like the 

deck-house of a steamer, forming an addition to the base of the tower and ex- tended around this opening over the boiler-room. 

'Vith such a house the shutters or.windows can be left open on one side or the other, when without it the covering over engine-room would have to be 

battened down like a ship's hatch, The item is by itself in the estimate. 

The transportation from Humboldt Bay to rock is put at $10 per ton, and as the 

total amount remaining to be done is over 14,000 tons, the figure adopted for 

this service bas avery important bearing. To t~ose unfamiliar with the conditions of this case, $10 a ton for 60 miles of water carriage seems exorbitant, but we have a bad bar-harbor at one end of our line, a rock in the open sea at an- other, and only about nine weeks in the year when we can really count on smooth weather. 

The contractor's vessella.st season could land only400 tonsduringallof June, 

and was on one trip obliged to wait eleven days before getting to the moorings. It must be remembered also that in spite of these drawbacks we must not only 

have the material landed, but it must be landed rapidly and in sufficient quan- tity to keep the rock gang busy. One large vessel will not do since we have only space to store between 200 and BOO tons of material at the rock; and, furthermore, 

because the vessels used last year were about as large as can with safety be 

handled at moorings in the open sea. Two vessels therefore must be used and two vessels lie idle during the many days ofba.d weather. 

Before work began last summer I made a detailed calculation of what this 

work would cost with ordinary chances of weather if we did it ourselves, chartering two steamers, and it callle out something over $9 the ton. Two bids were received-one ofS10 from a man who ha-d had a contract to land material on Tillamook under more favorable conditions as regarded a harbor, at $12 per ton, and the second from persons quite inexperienced in the matter, at varying 

prices for the different classes of material, which made their bid, from the amount actually paid them, $7.26 per ton. Their vessel proved entirely unequal to the work, and I was obliged to charter another to assist her; but I have good reasons to believe that, while only obliged tocarrywhathe conveniently could; 

the contractor made no money, or lost some in the business. At all events he was glad to give up one load which he might have taken in the latter part of 

the season. By the chartered vesselSantal\Iaria our transportation cost us $9.09 per ton in 

the best part of the season, with a master probably as capable: a man for the busi- ness as could be found on the coast. · If our working time were to be limited to nine weeks before October 1, I think a contractor could make money at $9, or perhaps $8 per ton; but if he is to work 

from June I, I don't believe that any man of good judgment and the necessary experience would offer to keep two vessels going and do it for less than $10; 

and I believe, ftirther, that if we charter vessels and work without the stimulus 

of a co"ntract during the same season it would not cost us much if any less. 

It is to be remembered that there is a large element of risk of a total loss of 

vessel and cargo, and a still larger one of costly accidents, which all have to be 

figured on by a contractor,-who can not for such services insure his vessels to their full value. 

The transportation being by Uself in the estimate, such weight as is desired can be given to these considerations, and the resulting modifications of my to- tal figure easily arrived at. Oertain figures of the estimate can only be reached 

by assuming a certain time for the completion of the work. Rope, a very costly 

item, can hardly be used more than one season; ship-chandlery and iron-work 

rapidly deteriorate with the rough usage received; and the annual maintenance 

of the moorings is very expensive. The wharf in Humboldt Bay, already once rebuilt, will only last from three to four years; the time assumed in my estimate 

is three seasons, including the short one of next year; and in this I think the 

station could be doubtless completed if sufficient funds are granted. One of these 

items, based on three years' construction, namely, the maintenance of moorings, over $30,000, will doubtless seem excessive, but I do not think it can be reduced. - The clmins in use will, with some repairs, do next season, but &fter that I think 

they will have to be discarded and new ones bought. The sum named includes 

also the necessa.1·y service of a steamer, and this year alone the work on the 

moorings cost, with steamer, about $16,000. - The grand total of the estimate is in round figures $448,000, which, with the ex- penditure to date of, say, $273,000, gives us for the station complete $721,000. This 

figure may be thought surprising, but the general plan adopted before work 

began has not been departed from hitherto, and no changes for the future are recommended beyond the e.xtension of the tower base over the boiler-room, before mentioned. 

The work, in apite of its.dangerous character, has so far been carried on with- out costly accident of any kind, and the fortunate discovery of granite on Mad 

River has enabled us to have our cut dimension stone ready for shipment in 

Humboldt Bay at a cost per cubic foot hardly greater than the rough granite 

from the Sierra, which it was originally int~nded to use, would have cost us on th~ wharf in San Francisco. In fact, it may be said that with a good general 

knowledge of t.he governing conditions, a cautious estimate for this work at the outset would have given even larger figures than my own as now submitted 

with the advantages gained in two seasons of actual work. 

I have endeavored throughout the calculations to give outside figures, and it 

is possible that with sufficient appropriation and favorable contracts for trans- portation they may be reduced a little; but it is, on the other hand, certain that 

if sufficient annual appropriations are not granted the cost will be materially increased. 

The history of this construction presents In a striking way the evil results of 

the existing method of appropriatiou for public work. The first appropriation was ~o !!mall that it was necessary to wait a year for another before beginning. 

The sum of the first two appropriations was still scanty, and in consequence there was an unavoidable lossoftwogood months of the shortworking season. The third appropriation was so small that H compelled the giving up of vessels 

under charter and fitted for our service at much expense, the disbanding of a laxge skilled force, and the abandonment to destruction and depreciation of a. costly plant. _ For one year more the work dragged on w ilh scanty funds, preparing material at an exaggerated cost for superintendence; another year was totally suspended, 

and then an appropriation sufficient to justify work finds us unprepared in every way, and forces the costly haste of last year's preparations for the full use of the working season. The work is now again nearly out of money; and as the neit is a long session 

of Congress, >aluable time must again be lost next summer. In what has so far 

been spent I can show the loss of over $30,000 in items which can be closely figured upon, which has been absolutely thrown away in preparations afterwards 

made nseless by failure of appropriation, and in repairing damages of all kinds 

due simply to delay. Besides this, there is the indirect damage1 uncertain in 

amount, due to exaggerated cost of superintendence and other afsadvantages 

inseparable from the endeavor to carry on extensive wol"k with scanty and intermittent means. The light was decided upon and sanctioned by act of Congress in 1881. Hnd 

sufficient appropriation been granted from the outset the light and signal could 

have been put in operation last autumn at a less gost by from $30,000 to $4.0,000 

than is now possible even should Congress give all the remaining money needed 

in two successive appropriations. I think I have succeeded in making plain the reasons for my 1·ecommendi:L· tions that Congress be asked at the coming session for an appropriation of 

$200,000 for continuing construction of the light on St. George's Reef. 

Respectfully submitted. 

A. H. PAYSON, 

Captain of Engineers, Engineer Twelfth Light Home District. 

OHAmMAN oF LIGHT-HousE BoARD, 

Washington, D. C. 

The CHAIRMAN. There is no amendment pending. The Clerk 

will continue the reading of the bill. 

Mr. BURNES. I move the following amendment. 

The Clerk read as follows: 

On page 7 strike out all after the word "dollars,'' iu lines 1, 2, and 3, and in- sert as new paragraphs the following: 

"For erecting two fire-escapes upon the buildings of the Reform School, of design aud character to be approved by the building inspector of the District, $100. 

•'That one-half of the foregoing amounts to meet deficiencies in the appropriations on account of the District of Columbia shall be paid from the revenues of 

the District of Columbia, and one-half from any money in the Treasury of the 

United States not otherwise appropriated." 

The amendment was agreed to. 

The Clerk read as follows: 

Increase of water supply, Washington, D. 0.: To enable the Secretary of War to complete the work of increasing the water supply of the city ofWilBhington, 

under the act entitled "An act to increase the water supply of the city of Washington, and for other purposes," approved July 15,1882, namely: For completion 

of lining of the tunnel, $297,750; for completing shafts, west connection, and for 

superintendence and engineering, ~.250; and for general contingencies of the 

work, ~.ooo-in all $351),000, said sum to be subject to all the provisions and re- strictions of the said act of July 15, 1882, and of the act approved July 5, 188! making appropriations for the expenses of the government of the District of Columbia, as to its apportioqmcnt and settlement between the United States and the 

District of Columbia, and the refunding thereof. The work above provided for to be done under the contract heretofore made or by a reletting, as in the discretion of the Secretary of War shall be most promotive of the interest of the Gov- ernment: PrO'Vided, That no contract shall be made at prices greater than the 

prices allowed under contract under which work has been heretofore done on said tunnel. 

Mr. RANDALL. Members who have read the report-of the com- mittee in this connection will remember there were some strictures 

made on some officers of the Army heretofore connected with this work. 

These strictures have been taken by the officers involved as nnj ust. The 

attention Qf the committee was called to that part of the report, and 

by a supplementary report the cause of irritation was intended to be 

removed entirely. Whether it has been or .not it is not necessary for me to say, but it is but just I should cause to be read as part of my 

remarks in this connection two letters from one of these officers, so they 

may, in justification of his conduct in that connection, be placed upon 

the public record. 

I wish to say, in addition, that in all my intercourse as an official in 

this House with that gentleman he has appeared to me to be an intelligent man and an able engineer, and strictly upright in all his dealings. 

The Clerk read as follows: · UNITED STATES ENGINEER OFFICE, 

Pensacola, Fla., February 10, 1888. 

DEAR SIR: I have this day received a copy of report submitted to accompany bill H. R. 6437-urgent deficiency bill-February 1, 1888, which contains severe strictures upon myself. This censure.rests upon a statement of fact which shows 

that your committee h~ve been grossly deceived. .A.~ the victim of this deceit, I earnestly request that I may be given an opportumty to appear before your committee and state the facts, with a view to such action as your committee may deem proper in the premises. I propose to show that whereas the. responsibility fol:' the defici~ncy in the 

estimates for the extension of the W a.shington Aqueduct 18, under th1s statement of fact, attributed to myself: . . First. The work has been done under a plan of constructiOn totally different 

from that presented to Congress as the basis of my estimates of 1879, and upon which the appropriation for this work was predicated. 

Second. The appropriation was made July 15, 1882. The c~rge ?f the wor~ 

was given to M.a.j. G. J. Lydecker Augustll, 1882. He subnntted h1s own prOJ• ector plan for the work October 5,1882, renewed his recommendation of tho · 

• 
1888. CONGRESSIONAL RECORD-HOUSE. 1245 

S.'\me July 14, 1883, and advertised for proposals for construction in accordance 

with his project August 29, 1883. I was detailed as Major Lydecker's assistant; was never.connected with this work in any other capacity, and was removed 

from this position by l'llajor Lydecker, being replaced by Lieutenant Symons 

January 4, 1884 before the tunnel was commenced, Thereafter I had no official 

connection with this work, but protested against the method of its execution. 

Third. Mr advice has been utterly disregarded in carrying on the work, and 

the result IS only the abortion of what I advised while acting as Major Ly- decker's assistant. 

It is a perfectly fair rule that the officer in charge of a. work is entitled to all 

the credit for the success of the plan he adopts, because he alone is responsible 

for its failure. It is, therefore, unjust and undignified to plead the advice of a. subordinate in the event of failure; nevertheless, I would myself have volun- teer ed this plea in behalf of the responsible officer in charge had my advice 

been acte d upon. As it was disregarded and myself excluded from the direction 

of the work, I have no responsibility whatever for the result. 

Very respectfully, your obedient servant, 

R. L. HOXIE, 

Captain of Engineers, Unwed States Army~ 

Ron. SAMUEL J. RANDALL, 

Chairman OommiUee on .Appropriations, 

House of .Representative~, Washingt{)n, D. 0. 

UNITED STATES ENGINEER OFFICE, 

_ Pensacola, Fla., February 11,1888. 

DEAR Sm: I inclose herewithamemorandumoffactsdesigned to accompany my letter to yourself of the loth instant, but not completed in time. Will you kindly consider it as a part of that letter, to be considered in connection therewith? ~ 

. Very respectfully, your obedient servant, 

Ron. SAMUEL J. RANDALL, 

R. L. HOXIE, 

Captain of Engineers, U. S. A. 

Chairman Committee on .Appropriations, 

House of .Representatives, Washington, D. C. 

[Memorandum to accompany letter of February 10, 1883.] 

The estimates submitted in 1879 contemplated the extension of the aqueduct 

by a brick conduit, with some slight tunnel work, perhaps,as an incident. Ref- erence to the report of 1879 will show that the crossing of Rock Crek by "a tun- nel" was simply an alternative proposition, the language of that report being as follows: 

"Rock Creek may be crossed either by a. gang of large cast-iron mains laid as siphons through the bed of the creek, or by a. tunnel through the compact rock 

which underlies this stream. If borings in this rock are satisfactory, the latter m ethod is, I (Captain Hoxie) believe, the best and cheapest." 

The modification of the estimates of 1879, on which the appropriation was made inl882, consisted solely in their increase to the extent of 10 per cent., in 

order, as stated by the then engineer commissioner, to make allowance for the 

rise that had taken place in the value oflabor and material, It had absolutely 

nothing to do with changing from the plan of work submitted in 1879. I explained to Major Lydecker in 1\iay, 1882, before this work was assigned to him, at his request, the plan which I then thought best, and which had been ap- proved by 1\Iaj or Twi Ding. This was a continuous rock-tunnel forced conduit, 

under heavy internal pressure, placed wholly in the gneiss-rock formation 

which underlies the District of Columbia, and below the general limit of surface 

disintegration. The success of the plan depended wholly upon the latter re- quirement. 

Soon after he assumed charge of the work I was detailed as his assistant, and 

in accordance with his specific instructions conducted an examination to as- certain, by sinking one shaft, and from surface indications, the depth from the 

surface of the ground to the underlying bed-rock and the probable character 

of the rock. I reported the facts to him July 7, 1883, having ascertained them at the risk of my life. I made the first draught of the specifications for the tunnel, requiring all shafts to be sunk until 30 feet of sound rock could be had above the roof of the tunnel, · assuming a theoretical depth of shaft as a; basis of award of contract, but re- quiring that the tunnel should be driven at any other depth without increased cost of the tunne} to the United 'States. These specifications were recast by Major Lydecker, retaining this vital feature. 

January 4, 1884, I received, without warning, the following order: 

"OFFICE OF THE W.AEHINGTON AQUEDUCT, 

" Washington, D. C., January 3, 1884. 

"Order: First Lieut. Thomas W. Symons, Corps of Engineers, having by direction of the Secretary of War, reported to the undersigned for duty upon the 

Washington aqueduct and the extension thereof,·is hereby assigned as superintending engineer on the work, and as such will assume control of q.ll active 

operations relating thereto. He will be obeyed and respected accordingly, and to that end all employes will report·to and receive their instructions from him 

direct. - "G. J. LYDECKER, 

"MaJor of Elngineers, United States Army." 

Lieutenant Symons took immediate possession of my desk at the aqueduct office and I had no further official connection with the work. - E arly in 1\Iarch, 1884, I discovered, accidentally, that the tunnel had been 

started; examined the rock thrown out, found it unsound, and immediately 

warned Major Lydecker that he must go deeper with the tunnel. My advice was disregarded. 

Again on March ?:1, 1886, it was brought to my notice, with apparent reflection upon myself, that the result of driving the tunnel above the general limit of sur- face disintegration had been disastrous; that methods of construction had been r esorted to which I deemed fatal to the success of the work; and that the cost of excavating and lining had been increased beyond that prescribed by the specifi cations. I succeeded in having these questions refen·ed to the highest board 

of engineers, and this board put a stop to the faulty method of construction, but 

substituted a. thoroughly safe one at greater cost. This saved the work but 

did not reduce the cost. ' I had no other connection with this work. 

The preliminary examination had developed only the depth from surface 

of grou!ln to bed-;,;ock, with surface indic.ations and the evidence in existing excavations as to Its character. The probmg of the rock along the whole line 

by the five shafts and three air shafts at nearly equidistant points on the line 

of 4 miles was indispensable as a condition-precedent to deciding upon the 

depth at which the tunnel should be driven. The sinking of these eight shafts 

should have been supplemented, if necessary, by deep boring at these points 

with the diamond drill, a cheap and common method of exploring rock. If 

then thought necessary, intermediate points of the line should have been similarly ex:pl<?red. No expense should have been spared at this stage of the work to determme that feature upon which the success of the plan was wholly dependent-the locatiOn of the tunnel below the general limit of surface disintegration. 

Instead of this, the tunnel was started independently, and a.t various dates, 

from the foot of each shaft whenever the shaft reached what appeared to be 

•ound rock, or a depth in decomposed rock which was thought sufficient for 

the purpose. The evidence of the air shafts was not waited for. That a. serious error of judgment was made as to the soundness of the rock appears in the an- nouncement·, August 12, 1885, of a deficiency of $395,000 on the tunnel after Major 

Lydecker had reported, August 11, 1884, while the tunnel was progressing from 

every shaft, as follows: . . . . . •• Our expectations as to the feasibility of the tunnel and the probabil}tY of car- rying it in good rock have been more than realized. 

• • * * * * * •· From present indications it may be fairly a.ssumed that, excepting the deficiency before referred to in relation to the land for reservoir, the amounts !1-1· 

ready appropriated will serve to comple~ the several parts of the work of .m· creasing the water supply; at least there IS no reason at the present for asking any additional appropriation." . . . With the announcement of a defic1ency, three years after hiS as.~ngnment to the charge of the work, comes the first allusion by Major Lydecker to my con· nection with the original estimates. In his annual reports of 1883 and 1884 he 

speaks of the work only as "my project." In connection with the former he 

declined my offer to present the usual report of an assistant, so that I had not the en tomary opportunity for putting my opinions on record while connected 

with the work. I cite the foregoing facts, not in vindication of the soundness of my advice to 1\iajor Lydecker as his assistant-that is not here an issue-but to show how 

wide was the departure from that advice in the work actually done. . R. L. HOXIE, 

Captain of Engineers, U. S. A. 

:Mr. BUR)TES. .As a further evidence that the committee did not 

desire to do any injustice or to criticise these gentlemen, I ask to have 

printed as part of the proceedings the supplementary report of the committee . There was no objection, and it was so ordered. 

The report (by ]'yfr. BURNES) is as follows: 

The Committee on Appropriations submit the following as part 2 of the Report No. 208 presented to the House on the 1st instant, accompanying the bill (H. R. 6437) to provide for certain of the most urgent deficiencies in the appropriations for the service of the Government for the fiscal year 1888, and for other purposes. 

Since the bill named was reported the committee have received, by the refer- ence of the House, and have considered House Executive Documents Nos. 95, 

105, 125,131,134,135, and 136, and, based upon the said executive communications 

and House Executive Document No. 30, the committee recommend the following amendments to the bill, namely: 

On page 7 strike out all after the word "dollars," in lines 1, 2, and 3, and in- sert as new paragraphs the following: . •' For erecting two fire-escapes upon the buildings of the Reform School, of de· 

sign and character to be approved by the building inspecpor of the District., SlOO. 

"That one-half of the foregoing amounts to meet denciencies in the appro- priations on account of the District of Columbia. shall be paid from the revenues of the District of Columbia, and one-half from any money in the Treasury of the 

UnitedSta.tes not otherwise appropriated." 

On page 8, after line 13, insert the following: • "For needed repairs and improvements on the old Museum building and an- nex, on Tenth street, between E and F, now occupied by the record and pension 

division, Surgeon-General's-Office, as follows: 

"For new steam heating apparatus, including necessary pipes and radiators, 

$2,500. 

"For new plumbing throughout, $2,000. " For wood-work, including the repair of floors, windows, doors, and water- closets, $>00. 

"For calcimining walls, ceilings, hallways, and repairing plastering, $395. 

''For necessary painting of wood and iron work, including cases, shelving, 

and necessary glazing, 5500; in all, $),895." 

On page 10, after line 2, insert the following : "For completing the construction and for maintenance of a military telegraph 

line from San Francisco, Cal., to a point at or near Point Reyes, California, via. 

Point San Jose, California, $2,474.75. 0 

On page 14, after line 11, insert the following : "This amount for pay of special agents and necessary expenses to carry out the provisions of section 3 of the act approved February :8, 1887, entitled 'An act to provide for the allotment of lands in severalty to Indians on the various res- ervations, and to extend the protection of the lljows of the United States and Ter- ritories over the Indians, and for other purposes,' $10,000." 

On page 15, after line 13, insert the following: 

"For compensation of clerks in post-offices, $100,000. 

"For rent, fuel, and light, 52-5,000." · On page 16, after line 1, insert the following: "Support of convicts: For the support, maintenance, and transportation to and 

from the penitentiary of convicts from the District of Columbia, to be expended 

under the direction of the Attorney-General, $15,000." 

On page 18, after line 4, insert the following: 

"Salary of circuit judge: For salary of the additional circuit judge in the sec- ond judicial circuit, authorized by the act approved March 3,1887, $6,000." 

On page 23, after line 11, insert the following: 

"Frederick FrericliS, $10,130.32, with interest at 5 per cent. from March 10,1886. 

"George E. Hendee,$8,178.01, withinterestat5percent.from March 21.1887." 

Andon page 24, in lines 14 and 15. in lieu of the sum proposed, insert "$263,• 

595.52." 

The committee have also considered House Executive Document No.l21, submitting an estimate of $8,000 for an elevator in the public building at Columbus, 

Ohio, and make the same recommendation in reference thereto that they have 

made with reference to the estimates for public buildings submitted in House Executive Document No. 30, namely, that unanimous consent be asked in Committee of the Whole House to consider as an amendment to the bill the item in 

question. 

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

"WATER SUPPLY, WASHINGTON, D. C. 

"The amounts recommended under above head are in accordance with the es- timates of Executive Document No. 39, present session. The $160,000 asked for 

the completion of the reservoir is needed, because it has been found necessary to replace much of the bottom of the same with hard clay a.t places where quick• sand or other unsafe conditions were unexpectedly found, and to haul from other 

sections of the tunnel the stone needed for lining, that excavated nearest the 

reservoir being soft and crumbling. 

"The sum needed to complete the tunnel is explained in the same document, 

and the reasons for its appropriation further set forth in the voluminous testi- mony which accompanies this report. The original estimates contemplated, as 

-
1246 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

a rule, a surface conduit, to connectthe ~:ris ing reservoir with the new oncs,4 be. utterly impo.ssible unless there is. this increase in the laboring force, milesdistant. Theplanfinallyadoptedwasforasiphontnnneltobesunkunder h h I - Rock Ureel>: and driven (as was expe~ted) through continuous solid rock. In Wlt t e arge mcr.ease of work reqmred there, to carry it on at all. He ·the const.rndion of the work, however, the rock has not been found continu- has asked for an increase of nine, but I propose to compromise the difously solid or homogeneous, and nearly one-half of the tunnei passes or will ference between him and the Committee on Appropriations, and add five 

pass through rock which softeus and crumbles on exposure to air and water. 1 b tha h · b This has compelled heavy outlay for lining these portions, and t-he method pur- a orers, so t t ey Wlll not e overworked, and yet be able to discharge sued has been to insert in the sections of the tunnel which require treatment a the work required without exceeding the hours of ln.bor required or au- brick liPing with dry stone packin{;!'. thofized by the law. . "Capt, R. L. Hoxie, United States Engineers. having submltted to the commit- I d b h 

tee some written strictures on this method of lining, and maintained that aeon- o not elieve, in t e present condition of the country, that the 

crete lining would be safer and cheaper, he was given a full hearing before a House of Representatives can afford to insist upon laborers workincr on subcommittee, and the engineers in charge, Maj. G. J'. Lydecker and Capt. T. W. Department work' a longer time than is required by the law itself,l:> and Symons, we1·e also examined in defeuse of their plans. General M. C. Meigs, d · · Col. Thomas L. Casey, Lieut. Col. w. P. Craighill, and Maj. William Ludlow, orng work beyond their strength, as I am informed by the chief en- United States Engineers, were also consulted upon the questions raised. -gineer they will have to do if the force is not increased. . "Thesubcommitteeinvestigatingthematter,thoughnotconvincedthatamis- I hope, therefore; that the committee will now allow this amend- take had been made in the pL'llls adopted for lining the tunnel, but recognizing ment to be inserted,· and if hereafter it shall be :14ound that the busl·- the difficulty, the novelty, and the importance of these questions, and the ex- pediency of submitting them to competent experts, have, in recommending the ness can be conducted without this increase, or that the force is larger 

amount called for by the estimates, provided that the Secretary of War shall than necessary, it can be remedied when the regular appropriation forthwith take the advice of the highest engineer board of the Army upon the bills are presented. _ . plans and methods heretofore pursued. One-half of the above sums are charge- able to the District of Columbia." Mr. BURNES. Mr. Chairman, I differ with my good friend from New In neither the report from which the above was taken nor that to which this Hampshire with very great regret; and will content myself now with 

is supplementary was it intended to point out or determine either the merits or simply calling the attention of the committee to the present force in demerits of the plan or plans of the work as adopted, nor was it the purpose or ~ intention of either committee to cast blame upon or award praise to any par- charge of the building, which force we think is amply sufficient to take 

ticular person or persons for the part taken by him or them in either the incep- care of the corridors and sidewalks. Now, when I read this list you tion or prosecution of the work. Beyond the errors, whether at the inception will b · · d th t th' fi f d h th' t or subsequently,which experience has demonstrated, and t.he inequality of esti- ear m mm a 18 orce 0 men an women ave no mg 0 

mates, which appropriations, made and vow to be made, have established, the do with the rooms. They do not enter them at all. There is another 

subject need not in this paper be pursued. force, an inside force, having charge of that work. The persons referred 

Tbe names of Capt. R. L. Hoxie, Maj. William Twining, Capt. T. 'V. Symons, to here are for outside work alone-for the pavement and in the cor- nndMaj. G.J'. Lydecker,a.ll oftheCorpsofEngineers of the United States Army, were mentioned in the reports, and each had mm·e or less to do, at one time or ridors. There are employed there now: One clerk, $1,200; six aleanother, with the work under consideration, and yet a more completeinvestiga- vator-tenders, at $720 each; one chief engineer,· $1,200; six. assistant 

tion than bas been given and fuller knowledge of the subject might show cir- · t <:!1 000 h tw 1 fir t $720 h · f cumstances or conditions, having relation to imperfections of the science of their engmeers, a '-' ' eac i e ve emen, a eac i one captain 0 

profession or to geological or other mysteries, which neither industry nor skill the watch, $1,200; two lieut-enants of the watch, at $840 each; forty- can ascertain and determine in advance that would exonerate either one or all eight watchmen, at $720 ea~h; one carpenter, $1,000; one machinist, ofthemfromcensure. TheExecntiveDepartmentinauthorityoraspecialcom- $900 t kill d ,_b t$720 h t 1 b t$660 mittee of Congress may appropriately mak~ such investigation nnd determine ; wo s e 4 '1 orers, a 1 eac i seven een a orers, a wherein the faults properly lie. each; and fifty-four charwomen, at $240 each; making a force of one This committee has sought only to make, and now again makes, an earnest hundred and fifty-eight persons in the employ of this service. 

protest against the great and growing evil of careless, inaccurate, or unl'eliable If h - estimat-es of the cost of public works, upon which Congress is compelled to rely t at force lS not sufficient to take care of the corridors and pave- in the authorization of and the appropriations for such works. This evil has ments of that building and keep them clean then I admit the Approgrown into an almost universal custom, and in nearly all cases Congress finds, priations Committee is at fault. 

when it is too late, that vast expenditures in excess of estimates are required. Mr 11..r- KINNEY W 11 1 This excess is often double t-he estimates, and not infrequently is followed by · · D~C • i the gent eman yield for a question? the added burden of a suit and judgment in the Court of Claims on a careless Mr. BURNES. Yes, sir. 

contract. ·The alarming discrepancies between the estimated and actual cost JU+. McKINNEY. Will the gentleman allow me to mn.ke the stateof the works mentioned in the original report afford Congress an excellent op· th th' fi h' h I fi k portunity to emphasize its abhorrence and make manifest the necessity of re- ment at lS orce to w lC re er not only ta -es care of the pave- form. , ments and corridors to which he refers, but al::~o of the water-closets, 

The Clerk read as follows: the skylights, and the general cleaning up around the building? This 

War Department: small force is required to take ca.re of all the space there, covering more State, War, and Navy building: For the following additional force under the than 6 a~res in extent, and only seventeen persons to do it. 

superintendent of the State, War, and Navy Department building from Feb- 'Ihe gentleman from Missouri gives the force employed all around 

ruary 1 to June 30, 1888, namely: For one assistant engineer, at the rate of Sl,OOO per annum, and twenty-eight the building. I speak of these laborers alone. They have much work 

charwomen, at the rate of $2i 0 each per annum; in all, $3,203.60. to dow hich is not included in what the gentleman has suggested. Every 

Mr. BURNES. I move the following amendment. pound of freight that is brought into that building or taken away from 

The Clerk read as follows: e\ery part of the War and Navy Department is to be carlied out or 

On page s. after line 13, insert the following: carried inside by these seventeen men. It is not only the keeping of 

"For needed repairs and improvements on the old Museum building and an- the corridors and the pavements clean, but they have the skylights to 

nex, on Tenth street, between E and F, now occupied by the record and pen- sion division, Surgeon-General's Office, as follows: • clean, the water-closets to attend to, and they must carry out heavy "For new steam·heating apparatus, including nl!{)essary pipes and radiators, freight that comes into the building and goes out, every particle of it. 

~~~r new plumbing throughout, $2,000. · If seYenteen men are able to take care of this mass of work they are " F m' wood-work, including the 1·epair of :floors, windows, doors, and water- only able todoit as I have shown you by working beyond their strength, 

closets, ~5UO. • working hours after the Department closes, and working on Sundays. "For cal ci ~ining walls, ceilings, hallways, and repairing plastering, $395. I d t t t dd tw h d f t lab 1 th ".F rneces ~ryp ~tin.gofwoodat;t:I iron work, including cases, shelving, and o no wan o a one or o ours a ay o ex ra or onger an necessary glazmg, $500; mall $5,895. the law requires other employes and laborers to work; and if the Ap-

!l!r. McKIJ.>..TNEY. I move to insert 8.fter the words ,; per annum" propriations Committee think it right,'! am willing that they shall take 

in the twelfth line, page 8, "and five laborers, at the rate of$660 per the responsibility for it; but I will not fail in every case of this kind, 

annum." whenever the opportunity arises, to lift my voice against it, believing 

Mr. C_hairmun, it is with some degree ofhesitancy, of course, that I that the Congress of the United States and the Representatives of the 

attempt to amend the report of our able Committee on Appropriations, people should set an example to the people of this country not to embut it is well known that the force of the War Department is being ploy their laborers for longer hours than the law fixes for Government 

put into that portion of the building heretofore occupied by the Navy laborers, or put work upon them beyond their strength, or that we Department ; proper provision should be made for it. It is also well would not consider right and proper in any private business. 

known this is a building occupying the same territory occupied by .the J')fr. RANDALL. The Committee on Appropriations made a careTreasury Department, with the addition of being two stories higher. ful inquiry in relation to the matter contemplated by this amendment. 

At the present time in that building occupied by the Navy Department I am aware of the pressure made in this connection, for I have l1ad exthere aTe fonr acres of corridors, rooms, lawns, sky lights, etc., to be perience in that direction in all of these cases where an increase is asked 

attended to. · The laborers of that Department onl.v number twelve. in the employes of these Departments. Now, the truth is that as a 

When the War Department occupies the balance of the building it will general rule all of these Departments are crowded-wit.h employes, and 

occupy two acres of corridors, lawns, etc., and they will have to betaken if they do the work intended by the l:.tw the force in this pru:ticular is care of by the laborers of that Department. adequate. I am in great hopes that an examination this year of the 

Now, the chief engineer bas asked the Appropriations Committee to numerical force of the Treasury Department, and in other Departments 

add cine more laborers to his force, to take cm·e of this more than 50 per of the Government) will enable the Committee on .Appropriations to 

cent. ofadditional work which will benecessarilycarriedonthere. The recommend a considerable reduction in their numbers. 

Appropriations Committee has seen fit not to do so, but to require the The fact is that these public buildings, some of them, have men seventeen laborers already employed to do over 50 pe!: cent. more work. enough around about them to take care of a city of 200,000 inhabit-

! am credibly informed by the gentleman in chaJ.'O'e of the laborers ants, and they ought to be weeded out, the deadheads removed, and 

there that tbey are frequently obliged now to work fro~ one to two hours the active working, laboring men perhaps increased in number. But 

after the ~ime required in the Department, and are often called upon to until that ~ done I advise t~e House they had. b~tter adh~re to the recwork dnrmg. the Sabbath .. day, for which they get no extra pay, in order I o~~end~t10~ of. the C<;>mm1t~e on AppropriatiOns, which has made 

to keep up With the requuements there. The chief engineer says it will diligent mqmry mto this pru:ticular case. 
1888. CONGRESSIONAL RECORD-HOUSE. 1247 

The question being taken on Mr. McKINNEY's amendment, it was not agreed to. 

The Clerk read the following paragraph: 

Signal Service of the Army: For expenses of the Signal Service of the Army. as follows: Purchase, equipment, and repair of field electric telegraphs; signn.l 

equipments and stores; binocular glasses, telescopes, beliostats, a.nd othe1· nec- essary instruments, including absolutely necessary meteorological instruments· for use on target ranges; telephone apparatus and maintenance of same, 55.000. 

:Mr. BURNES. I am instructed by the committee to offer the amendment which· I send to the desk. 

The Clerk read as follows: 

On page 8, after line U, insert the following: "That the sum of $50,000, or so much thereof as may be necessary, of the unex- pended balance of $400,000 appropriated by the act of March 3,1883, for arma- ment of fortifications be, and the same is hereby, reappropriated and made avail- able for the completion of and payment for the guns autho-rized by said act and now being manufactured by the South Bost-on Iron 'Yorks Company, nuder the contract dated September 24,1883, and June 30,1884., and the extension of the said contract is hereby authorized accordingly." · 

1\Tr. RANDALL. The gentleman from Massaehusetts [Mr. CoLLINS] 

has taken much interest in this matter and intended to advocate the 

amendment. I do not see him in his seat, and I will only in his place 

state what he probably would have stated if he had been present-that 

is, that this provision making this appropriation-was incorporated by 

the House in two former fortification bills and that the committee all 

concurred in the propriety of its adoption. 

The amendment was agreed to. 

The Clerk read the following p~a:raph: 

For furnishing, delivering, nnd laying7 nautical miles of submarine cable to connect Martha's Vineyard, Mass., with the mainland, and for building neces- sary land connections on Nantucket and connecting islands t.o the mainland, $9,944. • 

:M:r. BURNES. I offer the amendment which I send to the desk. 

The Clerk read as follows: 

On page 18, after Hne 2, insert : "For completing the construction and for the maintenance of a military tel- egraphHne from San Francisco, Cal., to a point at or near Point Reyes via Point San Jose, California, $2,474.75." 

The amendment was adopted. 

The Clerk continued to read, and concluded the portion of the bill 

relating to the War Department. 

:M:r. BURNES. I move that the committee rise. 

The motion was agreed to. 

The committee accordingly rose; and the Speaker pro temporehaving 

resumed the chair, Mr. BLOUNT reported that the Committee of the 

Whole House on the state of the Union having had under consideration 

the bill (H. R 6437) to provide for certain of the most urgent deficiencies in the appropriations for the service of the Government for the 

fiscal year ending J nne 30, 1888, and for other purposes, had come to no resolution thereon. 

GEORGE F. CHILTON. 

Mr. WALKER. I ask unanimous consent to take from the Private 

Calendar the bill (H. R. 4557) for the relief of George F. Chilton. 

The bill was read, as follows: 

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, au- thorized and directed to pay out of any moneys in the Treasury not otherwise appropriated, to George F. Chilton, of Eminence, 1\Io., the sum of $187.50, for services as mail contract-or on mail-route numbered 28520, from Van Buren, 1\Io., t.o Eminence, Mo., between May 2,1886, and November 14,1886, in addition to the amount already paid him for such service. 

Mr. Mc:M:ILLIN. I should like to know something of the grounds on which thi~~elief is sought. 

Mr. WALKER. The bill is unanimously reported by the Committee on Claims and has the recommendation of the Post-Office Department. It proposes to give this party for his services a.s mail contractor 

the pay which has been too l<;mg withheld from him. 

The bill was ordered tobeengrossedandreadathirdtime; and being 

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

Mr. WALKER 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. 

ORDER OF BUSINESS. 

Mr. DINGLEY. I call up the bill (H. R. 2012) authorizing the 

Secretary of the Treasury to invest the lawful money deposited in the 

Treasury, in trust, by national banking associations for the retirement 

of their circulating notes, the consideration of which was assigned for today, simply for the purpose of its going over until to-morrow and not 

losing its place. If necessary, I move that its further consideration be 

postponed until to-morrow. \ 

The SPEAKER pro tempore. The Chair thinks the bill would go over until to-morrow as a matter of course. 

Mr. DINGLEY. If the Chair so rules, I do not press the motion. 

EXPEXDITURES, ETC., OF FISH COIDHSSION. 

1\fr. BRECKINRIDGE, of Kentucky, by una.nimous consent submitted. the following resolution; which was read, and referred to the 

Comnnttee on Merchant Marine and Fisheries: 

Resolved by the HoU3e of Rep1·esentatives, That the Commissioner of Fish and Fisheries be, and is hereby, directed to report to this House as soon as practica.-

• 

ble the expenditures of the Fish Commission for the fiscal year from July 1, 

1886, t.o June 30, 1887, and from July 1,1887, to February 1, 1888; the number of persons employed and the salaries paid; the property held by the commission, 

its cost2 value, and location; the stations occupied by the commission, and the amount of unexpended appropriations, and for what purposes said appropria- tions were made. 

INDEX OF SOUTHERN CLAIMS; ETC. 

Mr. HIESTAND. I desire to make a privileged· report from the 

Committee on Printing. 

The resolution referred to the committee was read, as follows: 

.Resolved by the House of Representatives (the Senate concurring), That there be printed 4,000 copies of the Index of Southern claims and claims referred t.o the Court of Claims under the Bowman act, recently prepared nuder the direction of the Clerk of the House ; 3,000 for the use of members of the House, 1,000 for the use of members of the Senate. 

The report of the committee was read, as follows: 

The Committee on Printing, to whom was referred the concurrent :resolution authorizing the printing of 4,000 copies of the Index of Southern claims and claims referred to the Court cf Claims nuder the Bowman act, recently prepared under direction of the Clerk of the House,·report the same with the recommenda- tion that it pass. • Estimated cost, ~1sual number, $8,776.50; 4,000 additional,e2,776.90; t-otal, $11,- 553.40. 

Mr. RANDALL. Is that report presented for immediate action? 

:Mr. Mc]ULLIN. That is not a privileged report. 

Mr. HIESTAND. I ask that it be referred to the Calendar. 

The report was referred to the Committee of the Whole House on the 

state ofthe Union. 

JOHN K. LEBARON. 

Mr. HOPKINS, of Illinois. 1lfr. Speakert I ask unanimous consent 

to take from the House Calendar the bill (H. R. 2093) reported from 

the Committee on Claims with an amendment, for the relief of John 

K. LeBaron, and to put it upon its passage. 

The SPEAKER pro 'tempore. The bill will be read, after which the 

Cha.ir will ask for objections. -

The bill was read, as follows: Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress a$sembled, That the Secretary of the Treasury be, and be is hereby, authorized and directed to pay to John K. LeBaron, postmas~r at El- gin, Kane County, illinois, the sum of $1,000, being the amount paid out by him for extra clerk-hire prior t.o July 3, 1883, and not provided for by the Post-Office Department. 

Mr. 1lfcMILLIN. Let us have the report read. 

The report (by 1lfr. LYNCH) was read, as follows: 

The Committee ou Claims, to whom was referred House bill2093, beg leave to submit the following report: The facts out of which this bill for relief arises will be feund stated in liouse Report No. 4079, of the Committee on Claims of the Forty-ninth Congress, a copy of which i'3 hereto appended and made a part of this report. Your committee adopt the said report as ilieir own, and report back ilie bill and recommend its passage with the following amendment: After the word "J..e Baron," in line 4 of the bill, insert the word "ex," so that as amended the bill will read "'John K. LeBaron, ex-postmaster," etc. 

[Hou~e Report No. 4079, Forty-ninth Congress, second session.] 

A bill similar to this (H. R. 10258) passed the Honse in the Forty-eighth Con- gress and was favorably reported from the Committee on the Post-Office and Post-Roads at the second session of that Congress. The committee return this bill with the recommendation that it do p:lSS, and adopt the Senate report, which is as follows: It appears from the evidence submitted to the committee that John K. Le Baron was appointed postmaster at Elgin, Ill., an office of the second class, on December 20, 1831, and that his successor was appointed June 21,1884, the office rising from the second to the first class October 1, 188.3. In the early spring of 1882 the publishing house of David C. Cook was removed from Chicago to EJgin, lll. The gross receipts of the office at the time of this removal amounted to $14,571 per annum. By reason of the removal they were suddenly increased, and for the fiscal year ending June 30,1883, amounted t.o $57,446. Clerk-hire was granted to the postmaster by the Post-Office Department as follows: 

Per annum. 

October 1, 1879 ............................................................................................ $1,000 October 1, 1882... ........ .......... ... . . . ...... ...... ... .. . ... ... ... .. . .. .... . . . ....... ........ ...... ... . . . 2, 000 July 1, 1883 ........................ ... ... .......... ........................................................... 3,000 

This last allowance of $3,000 seems to have been satisfactory t.o the postmaster and sufficient t.o reimburse him adequntely for the actual clerical expenses of the office from and after July 1, 1883. Between the time, however, when the David C. Cook publishing bouse was removed to Elgin and the time when this $3,000 nllownnce was made the p-ostmaster was conducting the office at a loss to himself, which he claims amounted to $1,000. And it is for that amount, Sl,OOO, 

paid out during five quarters when the Department seemed to have been unable to grant him a sufficient allowance, that the claimant asks relief. If$1,000, as asked in the bill, is granted by Congress, that amount will, when added to the current. allowance made by the Department, give the postmaster nn •1.verage allowance of $650 per quarterfortbefive quarters in question. That such an amount i'3 no more than reasonable for the proper conduct of the office for that time is indicated by tbe fact that an allowance of $750 per quarter ($3,000 per anuum) was made by the Department for the handling of a like amount of business from and nft.er July 1, 1883. The following table, made at the Post-Office Department, will sbowt.he exact condition of the Elgin office from 1880 to 1883, inclusive: 

ELGIN, ILL. 

ary. Period. Sal- I Class. Rent. Fuel. Light. Clerks. 

---t----1 

1880...... ........ 2, 500 ~--2- ............................... .. 1S82 . . . .. •.. . . . .. 2, 800 2 t$200 t$75 1165 1883 .............. 3,100 1 200 75 65 

' *October 1, 1879. t October 1, 1882. 

*Sl,OOO 

t2,000 

ta,ooo 

Gross ~~~r~~- receipts. missions. 

$10,331 

14,571 

57,44.6 

tJuly 1, 1883 • 

$<!,325 

5,941 

18,913 
'. 

1248 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 15, 

It bas been for trome time the settled policy of the Committee on the Post-Office 

and Post-Roads to disallow all claims of this character for clerk-hire where the 

expenditures exceed the allowances of the Department, even when recom- mended by the Department, as is done in this case. (See accompanying letter 

of the Acting First Assistant Postmaster-General to Hon. R. Ellwood.) But, in 

view of the extraordinary and exceptional circumstances surrounding this 

claim, the annual gross receipts of the office suddenly increasing from $14,571, on April1,1882, to $57,446 on July 1,1883, by which increasetheGovernmentwas 

largely benefited, and the claimant asking for but $650per quarter for clerk-hire 

when S750 was afterwards allowed him by the Departmentforthesame service, your committee deems it proper, and, in the interest of justice, trusts t.hat therelief asked for may be afforded. It therefore recommends the passage of the bill without amendment. 

[Post-Office Department, Office of the First Assistant Postmaster-General, Salary 

and Allowance Division.] · 

WASHINGTON, D.C., .Marchl3,1884. 

Sm: Yourletter ofthe2d instant, to the Postmaster-General, relative toclaim 

of Mr. John K. LeBaron, late postmaster at Elgin, Ill., to be reimbursed in the sum of $1,000 for clerk-hire alleged to have been paid by him in excess of the amounts allowed by the Department, has been referred to this office. 

In reply, you are informed that Mr. LeBaron was appointed as postmaster 

December 20,1881, and his successor appointed January 21, 1884. It appears from the records of this office that the allowance for clerk-hire from 

October 1,1879, until Oct{)ber 1, 1882, was $1,000. At the last-named date the allow- ance for clerk-hire was increased to $2,000 a year, although the postmaster claimed at that time that he was compelled to ~ay $2,800 for clerk-hire. 

On the 1st July,1883, upon the reports oftwo Inspectors who visited the office, 

the allowance for clerk-hire was increased to $3,000 a year. It also appears from the records that the gross receipts of the Elgin office for 

the four quarters ended 1\Iarcb 31, 1882, amounted to $14,571, and by the adjust- ment made on the four quarters ended June 30, 1883, the gross receipts were shown to be $57,466. 

• * * * * * * I have no hesitation in saying that a reasonable sum should be allowed tore- imburse Mr. LeBaron, as postmaster, for the additional sums he paid for clerkbil·e over and above the amount allowed by this Department. The Department would have made ample provision for the expenses of the 

Elgin office if the appropriations applicable for the purpose would have war- ranted it. 

Very respectfully, 

Hon. R. ELLWOOD, 

JAMES H. MARR, 

Acting Fint Assistant Postmaster-General. 

House of Representatives, Washington, D. C. 

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

There was no objection. 

The amendment recommended by the committee1 striking out the 

word "postmaster " from line 4, and substituting "ex -postmaster,;' was 

agreed to. 

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

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

passed . . Mr. HOPKINS, of illinois, 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. 

Mr. GROSVENOR. Mr. Speaker-

:Mr. REED. Regular order ! _ 

The SPEAKER pro tempore. . The regular order is the call of com- mit tees for the consideration of bills for one hour. 

1\Ir. BLA.ND. I move that the House do now adjourn. 

The motion was agreed to; and accordingly the House (at 5 o'clock 

and 10 minutes p. m.) a-djourned. 

PRIVATE BILLS AND JOINT RESOLUTIONS INTRODUCED AND REFERRED. 

Under the rule private bills and joint resolutions of the followin~ 

titles were introduced and referred, as indicated below: 

By Mr. C. H. ALLEN: A bill (H. R. 7267) to remove the charge of 

desertion from the record of Patrick · McGarry-to the Committee on 

Military Affairs. 

By Mr. BOWEN (by request): A bill (H. R. 7268) for the relief of 

Hannah Hurdle, widow of Samuel R. Hurdle-to the Committee on 

Claims. 

Also, a bill (H. R. 7269) for the relief of Veronica Ulke-tothe Committee on the District of Columbia. 

By J\fr. T. H. B. BROWNE: A bill (H. R. 7270) granting a pension 

to William H. Holden-to the Committee on Invalid Pensions. 

By Mr. BUCHANAN: .A. bill (H. R. 7271) for the relief of Forman 

:Mathews and David Stout Parker-to the Committee on Claims. 

By Mr. CULBERSON: A bill (H. R. 7272) for the relief of J. N. 

Boyd-to the Committee on Claims. 

By Mr. DAVIS: A bill (H. R. 7273) granting a pension to Amasa 

Bullard-to the Committee on Invalid Pensions. 

By Mr. FITCH: A bill (H. R. 7274) to remove the charge of desertion against the name of Michael Pfoertner-to the Committee on Militai·y Affairs. 

Also, a bill (H. Rt 7275) granting an increase of pension to Abram 

Duryee-to the Committee on Invalid Pensions. . · By Mr. GALLINGER: A bill (H. R. 7276) for the relief of Alexander 

McKelvie-to the Committee on MiJitary Affairs. 

By Mr. GEAH: A bill (H. R. 7277) granting a pension to James A. 

:hfitchell-to the Committee on Invalid Pensions. 

Also, a bill (H. ll. 7278) granting an honorable discharge to Alexander 

S. Seber-to the Committee on :Military .Affairs. 

By Mr. GLOVER: .A. bill (H. R. 7279) for the relief of John Juliusto the Committee on Invalid Pensions. 

By Mr. HARE: .A. bill (H. R. 7280) for the relief of E. Tubody, J. A. 

Summers, and J.P. Lnndy-to the Committee on Expenditures in the 

Department of Justice. 

By Mr. HATCH: A bill (H. R. 7281) granting a pension to Harrison 

Toops-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7282) for the relief of Samuel Pugh-to the Committee on Cln.:ims. -

By Mr. S. T. HOPKINS: A bill (H. R. 7283) granting an increase 

of pension from $24 per mouth to $36 per month to James Nutt-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 7284) granting a. pension to Isaac C. Butts-to 

the Committee on Pensions. 

By Mr. HUTTON: A bill (H. R. 7285) for the relief of St. Charles 

College, 1\fissouri-to the Committee on War Claims. 

By 1\Ir. LATHAl\I: A. bill (H. R. 7286) for the relief of 0. F. 

Adams-to the Committee on War Claims. 

By :Mr. LEE (by request): A bill (H. R. 7287) referring the claim of 

Ed ward F. and Gilbert B. Walden, heirs-at-law of John Walden, to the 

Court of Claims-to the Committee on War Claims. 

By Mr. MACDONALD: A bill (H. R. 7288) for the relief of Perry 

Childs-to the Committee on 1\filitary Affairs. 

By Mr. McADOO: A bill (H. R. 7289) to remove the charge of desertion against Rudolph Grischele-to the Committee on Naval Affairs . By Mr. McKINNEY: A bill (H. R. 7290) granting a pension to Rae 

B. Cate-to the Committee on Invalid Pensions. 

By Mr. MORSE (by request): A bill (H. ll. 7291) to place on the pension-roll the name of Sarah E. Wether bee-to tne Committee on In valid 

Pensions. 

Also, a bill (H. R. 7292) granting a. pension to Mary McDonoughto the Committee on Invalid Pensions. 

By Mr. PATTON: A bill (H. R. 7293) granting a pension to William 

Rimert-to the Committee on Invalid Pensions. 

By Mr. PENINGTON: A bill (H. R. 7294) to-grant an incro:1 se of 

pension to Thomas S. Biddle-to the Committee on Invalid Pensions. By Mr. RANDALL: .A. bill (H. R. 7295) granting a pension to The- resa Charles-to the Committee on Invalid Pensions. 

By Mr. RUSK: A bill (H. R. 7296) for therelief of the Merchants 

and Miners' Transportation Company of Baltimore, Md.-to the Committee on War Claims. · By Mr. STONE, of Kentucky: A bill (H. R. 7927) for the relief of 

William C. Robbins-to the Committee on War Claims. 

Also, a bill (H. R. 7298) for the relief of Benjamin Wiley-to the 

Committee on War Claims. - Also, a bill (H. "R. 7299) for the relief of A. P. Baker-to the Committee on War Claims. 

Also, a bill (H. R. 7300) for the relief of Milton H. Eggner-to the 

Committee on War Claims. · Also, a bill (H. R. 7301) for the relief of C. T. Briggs-to the Committee on War Claims. 

Also, a bill (H. R. 7302) for the relief of S. J. Waters-_to the Committee on Claims. 

By Mr. TAULBEE: A bill (H. R. 7303) for the relief of William 

Lock and James H. Tensley-to the Committee on Claims. 

By Mr. WADE: A bill (H. R. 7304) for the relief of the heirs of Moses 

H. Shelton, deceased-to the Committee on War Claims. 

By Mr. WICKHAM: .A. bill (H. R. 7305) granting a pension to 

Aaron Gilkison-to the Committee on Invalid Pensions. 

By Mr. S. V. WHITE: .A. bill (H. R. 7306) to pay a pension to John 

T. Bruen-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7307) granting a pension to Joseph H. Tuckerto the Committee on Invalid Pensions. 

By Mr. WILKINSON: A bill (H. R. 7308) for the relief of Thomas 

G. Mackie and the heirs-at-law of William A. Hyde, deceased-to the 

Committee on Claims. 

Also, a bill (H. R. 7309) for the relief of Caroline L. Maury-to the 

Committee on War Claims. 

Also (by request), a bill (H. R. 7310) for the relief of Stewart & Co.-

to the Committee on Claims. 

By Mr. T. H. B. BROWNE: .A. bill (H. R. 7311) referring the claim 

of John N. Gatewood against the United States to the Court of Claimsto the Committee on War Claims. . Changes in the reference of bills improperly referred were mad!3 in 

the following cases, namely: 

.A. bill (H. R. 6806} for the relief of Benjamin F. Slaughter-from 

the Committee on War Claims to the Committee on Military Affairs. 

Also, a bill (H. R. 5210) for the relief of Philip H. Clear-from the 

Committee on Claims to the Committee on War Claims. 

PETITIONS, ETC. 

The following petitions and papers were laid on the Clerk's desk, 

under the rule, and referred as follows: ' 

By Mr. C. H . ALLEN: Papers in the case of Patrick McG:?.rry, for 

relief-to the Committee on Military Affairs . 

• 
1888. CONGRESSIONAL RECORD-HOUSE. 1249 

By Mr. C. S. BAKER: Petition of citizens of New York, Michigan, 

Connecticut, Ohio, Indiana, Pennsylvania, New Jersey, manufacturers 

and merchants of the larger cities of said States, in favor of the bill introduced by Mr. BAKER ofNewYork, forreductionofletterpostageto the Committee on the Post-Office and Post-Roads. 

By Mr. BANKHEAD: Petition of Alexander Oldham, late of New 

HanoverCounty, North Carolina, now of Birmingham, Ala., for refer- ence of his claim to the Court of Claims-to the Committee on War 

Claims. 

Also, petition of Dr. R. M. Harvis and others, and ·of D. N. Patton 

and others, of Livingston, and of J. H. Holmes and others, of Cuba, 

Ala., against the passage of the Blair bill-to the Committee on Education. 

Also, petition of 150 citizens of Alabama, for the passage of the Blair 

bill-to the Committee on Education. 

By Mr. BAYNE: Petition of American Clay Tobacco-Pipe Employers 

and Employes' Assodation, for an increase of duty on clay pipes-to the 

Committee on Ways and Means. 

By Mr. BLOUNT: Petition of L. N. Calloway, for heirs of Emily Speig~ts, of Baldwin County, and of Sarah V. Tanner, heir of John 

C. Tanner, of Butts County, Georgia, for reference of their claims to 

tho Comt of Claims-to the Committee on War Claims. • By Mr. C. E. BROWN: Memorial of the Cincinnati (Ohio) Chamber 

of Commerce and Merchants' Exchange, touching the importation of 

adulterated articles-to thb Committee on Ways and Means. 

By Mr. T. H. B. BROWNE: Petition of William H. Holden, for an original pension-to the Committee on Invalid Pensions. 

Also, petition of John N. Gatewood, of Spottsylvania County, Virginia, for reference of his claim to the Court of Claims-to the Committee on War Claims. 

Also, petition of Hopkins Bros. & Co., and other citizens of Accomru:!k 

County, Virginia, for the improvement of Onancock River-to the com- mittee on Rivers and Harbors. · Also, memorial ·or L. L. Nottingham and others, of Northampton 

County, Virginia, for the creation of a Department of Agriculture, and 

other purposes-to the Committee on Agriculture. 

By ~fr. BUCHANAN: PetitionofGeneralJohn C. Fremont and others, fortheimprovementofManasquan Inlet, New Jersey-to the Committee on Rivers and Harbors. 

By Mr. COX: Petition of Michael Feeney, of New York City, for the 

removal of the charge of desertion, and for honorable discharge-to the 

Committee on Military Affairs. 

Also, memorial of the mayor, aldermen, and commonalty of ·New 

York City, as to the war debt due from the United States-to the Committee on Claims. 

By Mr. CROUSE: Petition of 0. W.,Scott and 65 others, for change 

in postal laws relative to seeds, plants, bulbs, etc.-to the Committee on the Post-Office and Post-Roads. 

By Mr. CUTCHEON: Memorial of the municipal officers of the city 

of Cadillac, Mich., on the subject of public buildings-to the Committee on Public Buildings and Grounds. 

By 111r. DARLINGTON: Petition of JosephS. Wilson, of Oxfordborough, Chester County, and of William S. Thompson Post, Grand Army 

of the Republic, of the same place, for the passage of House bill 549,- grantingapension tosaidJoseph S. Wilson-totheCommitteeoninvalid 

Pensions. 

By Mr. FINLEY: Petition of Charles C. Morris; of Harriet F. Murrell; of John H. Lewis; of W. D. Lyon; of Oliver Kirtley; of N. T. 

Johnson; of Mary Jones; of estate of Robert Hindman; of Swann 

Hutcherson; of James Hazlewood; of William :M. Hicks; of Rachael 

Hudson; ofM. P. Hatcher; of Jesse Harlow; of Elias Gaddis; of Bush 

W. Griffin; of E. R. Garvin; of R. E. Garvin; of Robert F. Gameson; 

of'James J. Green; of William A. Elkins; of William W. Davis; of 

Robert 1\I. Durham; of Patience D. Chapman; of Elizabeth Craddock; 

ofW. J. Burd, and of Daniel B. Adams, ofKentucky, for reference-of 

their claims to the Court o:fDlajms-to the Committee on War _Claims. 

By 1\Ir. FLOOD: Petition of Dexter White and others, of the Twentyeighth district of New York, for the amendment of the general pension law-to the Committee on Invalid Pensions. 

By Mr. GAINES: Petition of J. L. Chelton, W. C. Spain, RobertS. 

Gaishum, and others1 of Dinwiddie County, Virginia, · fc! change of 

tariff on silk-to the Committee on War Claims. 

By Mr. GIBSON: Petition for the improvement of Tuckahoe lliver, 

in Maryland-to the Committee on Rivers and Harbors. . Also, petition forthe improvement ofStillPondHarbor, Marylannto the Committee on Rivers and Harbors. 

Also, petition of George T. Price, for pension for self and others-to 

the Committee on Pensions. 

By Mr. GROUT: Petition of William Schanz, for removal of cus- toms duties on works of art-to the Committee on Ways andMeans. 

By Mr. HARMER: Two memorials of citizens of Philadelphia, Pa., 

in favor of speedy action on the subject of protection to wool-growing 

and woolen manufaeturing industries in this country-to the Committee on Ways and Means. 

By Mr. HAUGEN: Petition of 34citizens of St. Croix County, WisXIX--79 

consin, for the erection of a government telegraph-to the Committee on the Post-Office and Post-Roads. 

By·l\ir. T. J. HENDERSON: Memorial of the authorities of Sterling, 

ill., for a general appropriation for public buildings in certain cities-to 

the Committee on Public Buildings and Grounds. · 

By 1\fr. S. I. HOPKINS (by request): Petition of William Schaus, 

requesting that all imported paintings and sculptures be placed on the 

free-list-to the Committee on Ways and :Means. 

By Mr. KEAN: Two petitions of citizens of New Jersey, nshermen, 

and others, for a law to protect the food-fish along_ the New Jersey 

coast-to the Committee on Merchant Marine and Fisheries. 

By Mr. KERR: Joint resolution of the Legislature ofiowa, for amendment ofla in reference to liens ofjudgmentof Federal courts-to the 

Committee on the Judiciary. 

By Mr. LATHAM: A bill for the improvement of Turner's Cut, at 

the head of Pasquotank River, in North Carolina-to the Committee on Ri'"ers and Harbors. 

By Mr. LEE (by request): Petition of Elizabeth T. Pierce; of French 

Dodd, son of Methalem B. Dodd; of Virginia A. Shumate; of Susau T. 

Samuel; of Edward T. Preston; of Burr W. Garrett; of J. J. Mosby; 

executor of Adelaide Withers; of George W. Preston, and of Carter B. 

Cropps, of Virginia, for reference of their claims to the Court of Claimsto the Committee on War Oi.aims. 

Also, petition of citizens of Alexandria County, Virginia, relative to 

the new bridge over the Potomac River-to the Committee on the District of Columbia. I 

By 1\fr. LONG: Petition of John H. Proutz and 72 others, citizens 

of South Scituate, Mass., for arrears of pensions-to the Committee on Invalid Pensions. 

Also, petition of James H. Roberts, chairman, and Frank P. Oyer, 

secretary, of the Prohibltion State Committee of Massa~husetts, for a law prohibiting the importation of intoxicating liquors-to the Committee on Ways and Means. 

Also, petition of the Universalist clergy of Boston and vicinity, for a treaty of arbitration with Great Britain-to the Committee on Foreign 

Affairs. 

Also, petition of same, for investigation of Icelandic records-to the 

Committee on the Library. 

By Mr. LYMAN: Memorial of the authorities of Atlantic, Iowa, for a general appropriation for public buildings-to the Committee on Public Buildings and Grounds. 

By Mr. McADOO: Three petitions of many citizens of New Jersey, 

against the present methods of menhaden fishing on the coast of New 

Jersey-to the Committee on Merchant Marine and Fisheries. 

By Mr. NELSON: Petition of Anne Luca~, for relief-to the Committee on War Claims. 

By Mr. NICHOLS: Petition of S. L. Norfleet and others, citizens of 

North Carolina, for laws requiring all convict-made goods to be marked 

'' convict made,'' with penalties and forfeitures to protect the labor of 

citizens-to the Committee on Labor. 

By Mr. O'DONNELL: Petitionof 35citizensofEatonRapids, Mich., 

for legislation to protect innocent users of patented articles from pro3ecution-to the Committee on Patents. 

By Mr. O'FERRALL: Petition of Basil Grigsby, of Rappahannock 

County, Virginia, for reference of his claim to the Court of Claims-to 

the Committee O:Q. War Claims. 

By Mr. PATTON: Petition of William ~imert, for an original pension-to the Committee on Invalid Pensions. 

Also, petition of 67 citizens of the Twentieth district of Pennsylvania, against removing the duty on coal-to the Committee on Ways and 

Means. 

By 1\fr. P~RKINS: Petition of A. J. Ryan and others, citizens of Kansas, favoring the schedule of duties recommended by the wool-growers 

and woolen manufacturers-to the Committee on \'Vays and Means. 

By Mr. PLUMB: Papers in the claim of Alva W. Hicks, for relief-to 

the Committee on Claims. 

Also, petition of Irena Warlick (Cherokee Indian), for indemnification for certain trespasses under the auspices of Indian Office-to the 

Committee on Indian Affairs. 

.Also, papers in the claim of A. W. Hicks, for relief-to the Committee on War Claims. 

Byl\Ir. RICHARDSON: PetitionofRobertN. Hunter, andoftheheirs 

of Thomas Ridout, of Rutherford County, Tennessee, for reference of 

their cla.ims to the Court of Claims-to the Committee on War Claims. 

By Mr. ROMEIS: Petition of C. Heurich, of the District of Columbia, asking that the Commissioner of Agriculture be required to give 

his reasons for refusing to publish his :findings in the analyzation of 

beer-to the Select Committee on the Alcoholic Liquor Traffic. 

By Mr. RUSK: Petition of Jacob D. Rn.ff, for relief-to the Committee on Military Affairs. 

.Also, paper in the case of Abraham Leidenstricker, for relief-to the 

Committee on Invalid Pensions. 

By Mr. SENEY: Petition of the Cincinnati (Ohio) Musicians' Pro· 

tective Union, favoring House joint resolution respecting the employment of Army and Navy bands-to the Committee on Military Affairs. 
-

1250 CONGRESSIONAL RECORD-SEN.ATE. FEBRUARY 16, 

Also, memorial of W:illiam Schaus, relating to the tariff on imported 

works of art-to the Committee on Ways and Means. _ 

By Ur. SNYDER: Petition of John Bray, of Robert C. Lilly, of William C. Price, of Thomas 0. Ten-y, of trustees of Baxter Institute, of 

William Rigg, administrator ofllenry Rigg; of JohnS. Fisher, and of 

JohnS. Cunningham, trusteeofSt. :M:ark'sProtestantEpiscopalChurch, 

Coalsmouth, West Va., for reference of their claims to the Court of 

Claims-to the Committee on War Claims. 

Also, resolutions of miners, laborers, and other citizens of Coalburgh, 

Hampton, and North Coalburgh, Kanawha County, West Virginia, 

protesting against coal, coke, and pig-iron beingputnpon thefree-listto the Committee on 'Vays and Means. 

By Mr. SPRINGER: Petition of the authorities of Petertlburgh, Ill., 

for a general ~ppropriation bill for public buildings-to the Committee on Public Buildings and Grounds. 

By l!fr. STAHLNECKER: Petition of William Schaus, regarding 

tariif on imported works of art-to the Committee on Ways and Mea.ns. 

By Mr. TAULBEE: Papers relating to the bill for the relief of J. 

H. Tinsley-to the Committee on Claims. 

By Mr. E. B. TAYLOR: Petition of citizens of Ashtabula Ohio, for 

a government telegraph system-to the Committee on the Post-Office 

and Post-Roads. 

Also, memorial of the Tillage of Ravenna, Ohio, relating to :public 

buildings-to the Committee on Public Buildings and Grounds. 

By Mr. G. M. THOUAS: Papers in the case of N. L. Payne, for an 

original pension-to the Committee on Invalid Pensions. 

By Mr. VOORHEES: Petition of 148 citizens of Clarke County, 

Washington Territory, for national aid to common schools-to the 

Committee on Education. 

By Mr. WADE: Petition of heirs of l!foses H. Shelton, for reference 

of their claim to the Court of Claims-to the Committee on War Claims. 

By Mr. WALKER: Memorial of citizens of Pemiscot County, Missouri, asking that all bills preventing the compounding of lard wit}l 

cotton-seed oil be defeated-to the Committee on Agriculture. 

By Mr. WASHINGTON: Petition of D. C. Edmondson, executor of 

- Matilda O'Neal, of Davidson County, Tennessee, for reference of his 

case to the Court of Claims-to the Committee on War Claims. 

By Mr. WEST: Petition of citizens of Johnstown, N. Y., for a general appropriation for building public buildings throughout the country-to the Committee on Public Buildings and Grounds. 

Dy Mr. WHEELER: Petition of David B. Johnson, Laum E. Wilkinson, W. F. Hurt, and H . M. Jones, for reference of their claims to 

the Court of Claims-to the Committee on War Claims. 

Also, a bill to improve the navigation of the Tennessee River at Colbert Shoals-to the Committee on Rivers and Harbors. 

By Mr. S. V. WIDTE: PetitionofJohn T. Bruen, late captain Tenth 

Independent Battery New York Light Artillery, for relief-to the Committee on In'\"alid Pensions. 

Also, petition of Joseph H . Tucker, late colonel Sixty-ninth Illinois 

Volunteers, for relief-to the Committee on Invalid Pensions. 

By :Mr. WICKHAM: Petition of citizens of Lorain County, Ohio, for 

speedy action for the protection of the wool-growing and wool-manufacturing interests of this country-to the Committee on Ways and 

?.leans. 

By Mr. WILKINSON: Petitionofthe BoardofUnderwritersofNew 

Orleans, La., in favor of an international marine conference to formulate measures to lessen the dangers of navigatio~-to the Committee on 

Merchant Marine and Fisheries. 

By Mr. W. L. WILSON: Petition of W. D. Whitted and 40 other 

miners of coal, etc., against reduction of tariff on soft coal-to the Committee on Ways and Means. 

Also, petition of Isaiah Fenton and 160 other miners, of West Virginia, for same-to the Committee on Ways and l!Ieans. 

By Mr. WISE: Petition for the creation of a Department of Agriculture, with a head as a member of the Cabinet-to the Committee on 

Agriculture. 

The following petitions for an increase of compensation of fourthclass postmasters were severally referred to the Committee on the PostOffice and Post-Roads: 

By Mr. C. L. ANDERSON: Of J. H. Gray and others, of Jewell 

Hill and Shady Grove, Jasper County, Mississippi. 

By Mr. BANKHEAD: Of J. G. Willingham and others, of New 

Lexington, Ala. ' 

By Mr. BUNNELL: Of citizens of Colley, Pa. 

By Mx. McCLAUUY: Of citizens of Dismal, Sampson County, and 

of Colly, Bladen County, North Carolina. 

By Mr. ROWLAJ\1]): Of citizens of Brown Creek, N. C. 

The following petitions, praying for the enactment of a law providing temporary aid for common schools, to be disbursed on the basis of 

illiterucy, were severally referred to the Committee on Education: 

By Mr. BACON (by request): Of 226 citizens of Orange County, New 

York. 

By Mr. C. S. BAKER: Of 419 citizens of 1\Ionroe County, New York. 

By Mr. BANKHEAD: Of 129 citizens of Tu caloosa County, and of 

A. S. Whitehurst and others, of Northpm:t, A.b. 

By Mr. BOUTELLE: Of 174 citizens of Aroostook County, Uaine. 

By J.\1r. DELANO: Of 247 citizens of Uadison County, New York. 

By Mr. HIESTAND: Of 471 citizens of Lancaster Connty, Pennsyl- vania. 

By 1\Ir. J . T. JOHNSTON: Of 314 citi7.ens of Warren County, Indiana. .. 

By Mr. LODGE: Of the First Baptist Church and 325 others, citizens of Essex County, Massachusetts. 

By Mr. McKINNEY: Of 297 citizens of Rockingham County, New 

Hampshire. 

By Mr. RUSK: Of 219 citizens of Baltimore County, Uaryland. 

By Mr. WEBER (by request): Of 250 citizens of Niagara County, 

New York. 

The following petitions, asking for the passage of the bill prohibiting 

the manufacture, sale, and importation of all alcoholic beverages in the 

District of Columbia, were severally referred to the Select Committee 

on the Alcoholic Liquor Traffic: , 

BJ.:Mr. BAYNE: Of120 citizens of the Twenty-third district of Pennsylvania. 

By Mr. FLOOD: Of F . W. Arnold:md others, citizensoftheTwentyeighth district of New York. · 

Dy Mr. FULLER: Of 137 citizens of the Fourth disb:ict of Iowa. 

By Mr .. GROUT: Of 109 citizens of the Second district of Vermont. 

By Mr. KERR: Of 120 citizens of the Fifth disirict of Iowa. 

Dy Mr. LA FOLLETTE: OfF. M. Burrowsand~l13 others, citizens 

of Dane County, Wisconsin. 

By Mr. LYNCH (by request) : Of 169 citizens of the Twelfth district 

of Pennsylvania. 

By Mr. J.D. TAYLOR: Of 136 citizensofthe Seventeenth district 

of Ohio. 

SENATE. 

TIIURS~AY, Februa.ry 16, 1888. 

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

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

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Interior, transmitting, in response to a resolution of February 13, 1888, the re:porvof John L. Smithmeyer, 

architect of the building for the Library of Congress; which, with the 

accompanying report, was referred to the Select Committee on Additional Accommodations for the Library of Congress, and ordered to be 

printed. 

PETITIONS AND MEMORIALS. 

Mr. EDMUNDS presented a petition of the White River Valley Pomona Grange, of Royalton, Vt., praying fora reduction ofthe postage 

on seeds, plants, bulbs, scions, etc.; which was referred to the Committee on Post-Offices and Post-Roads. 

111r. EDMUNDS. The other day I presented a petition which was rather informal, praying tpat a :pension be granted to Sarah J. Foy, 

of Rutland, Vt. I now present another petition, which should have 

been presented at that time, but was mislaid, of this woman, for a pension. I move iti:l reference to the Committee on Pensions. 

The motion was agreed to. 

Mr. SHERMAN presented a petition of soldiers and sailors, citizens 

of Bainbridge, Ohio; a petition of the Middleport (Ohio) Post, No. 125, 

Grand Army of the Republic, and a petition of the Brooklyn (Ohio) Post, 

No. 368, Grand Army of the Republic, praying for the passage of what 

is known as the service-pension bill; which were referred to the Committee on Pensions. 

Mr. SHERMAN :presented a joint resolution of the General Assembly 

of Ohio, in favor of the passage of Senate bill 260, to reimburse the sev- eral States for interest paid on war loans, and for other purposes; which 

was ordered to be printed in the RECORD, and referred to the Committee on Claims, as follows: 

[Senate joint resolution No. 13.] 

Joint resolution relative to requesting our Senators and Representatives in Congress to do all possible for the passage of Senate bill No. 260. 

Whereas there has been introduced in the Senate of the United States a bill 

(No. 260) to reimburse the several States for interest paid on war loans, and for 

other purpos~: Therefore, 

Be it resolved by the General .Assembly of the State of Ohio, That our Senators and 

Representatives in Congress be, and they are hereby, reque ted to vote for and 

urge the passage of the same, and that the gove~nor ~orward a copy of this res- olution to each of our Senators and Representahves m Congress. ELBERT L. LAMPSON, 

Speaker of the House of ReJYrcsentatives. THEO. F. DAVIS, President pro tempore of the Smate. 

Adopted February 9, 1888. 

UNITED STATES OF AMERICA, 0BI01 

Offtee of the Secretary of Slate: 

I, James !3· Robinson, secretary of state of the Stato of Ohio, do hereby certify 

· .. 

'