5108 CONGRESSIONAL RECORD. JUNE 17, 

Mr. SPENCER. I wish to appeal to the Senator from New Jersey 

to withdraw his objection. This bill was prepared with a great deal 

of care by the member of Congre s from the Mobile district. The 

obj ect wa<> to k eep the yellow fever out of the Gulf ports. 

The PRESIDING O.Fl<,ICER. The bill ha.s been laid aside by the 

consent of the Senator from Michio-an. 

Mr. SPENCER. I was in hopes the Senator from New Jersey might 

withdraw his objection. 

LIFE-SAVING STATIONS. 

Mr. CHANDLER. I move to proceed to the consideration of House 

bill No. 2655. 

The motion was agreed to; and the bill (H. R. No. 2655) to provide 

for the establishment of life-saving stations ·and houses of refuge 

upon the sea and llike coasts of the United States, and to promote 

the efficiency of the life-saving service, was considered as in Committee of the ·whole. 

The bill was reported to the Senate, ordered to a third reading, 

read the third time, and passed. 

Mr. CHAl'IT>LER. I now move to proceed to the consideration of 

Honse bill No. 1564 establishin~ life-saving stations, and appropriat-. ing therefor, and that it be ind.efi.nitely postponed, as it is virtually 

the same bill as that just pass~d. 

The motion was agreed to. 

LIGHT-HOUSE BOARD. 

Mr. CHANDLER. I move that the Senate proceed to the consideration of House bill No. 3522. 

The motion wa.s agreed to; and the bill (H. R. No. 3522) to extend 

the jurisdiction of the Light-House Board, was considered a.s in CommittE'e of the Whole. 

The Committee on Commerce propo ed to amend the bill by striking out all after the enacting clause, and in lien thereof inserting: 

That the Light-House Board are hereby directed to cause examinations to be 

made, and to r port to the Secretary of the Treasury what light-housea, li~~~. 

beacon , and buoys are required for the b tter security of navigation on the .M..issis ippi, Ohio, and Missour1 Rivers, inoludin::t specific statement a-s to the respec- tive localities where and by whom now maintained, where required, and estimated cost of their construction and maintenance. 

The amendment was agreed to. 

The bill was reported to the Senate .as amended, and the amendment was concurred in. 

The amendment was ordered to be engrossed, and the bill to be 

read a third time. 

The bill was read the third time, and passed. 

REGULATION OF COMMERCE. 

Mr. CHANDLER. I move to proceed to the consideration of the 

bill ( S. No. 7 47) to facilitate and regulate commerco among the several 

States and with foreign nations. 

Mr. BOUTWELL. I must object to that bill. 

The. PRESIDING OFFICER. Does the Senator from Michigan insist on his motion to proceed to the consideration of the bill t 

Mr. SPRAGUE. Let it lie over. Mr. CHANDLER. If the bill is objected to, I cannot insist under 

the present circumstances. 

Mr. SPENCER. I am very sorry that the Senator from Massachusetts olljects to this bill. I think it is amended so that it will not 

be objectionable. 

Mr. BOUTWELL. I do not object to hearing it read; but unless 

it is changed materially from what it was when I last saw it, I must 

object to its consideration. 

. PROTECTION OF IMMIGRANTS. 

Mr. CHANDLER. I think my friend from New .Jersey will withdraw his objection to the bill (S. No. 08) for the better protection of 

immigrants. If the Senator would listen to a letter from the Secretary 

of the Trea nry I am sure he would not object. I appeal to my friend 

to allow that bill to pa . It bring foreign ships under the same regulations now impo ed on our own, and is really very important, in 

my judgment. The committee were unanimous. 

Mr. STOCKTON. The Senator from Michigan asks me to withdraw my objection, and he is exactly in the same position as the one who told me he came near having a very fine horse. He met a man ridini on a nice horse and a ked him to give it to him, but the man said 'no." I wa.s trying to listen to the Senator when we were pressed with other busine , hoping that I could agree with him. I 

will say" to him candidly that it is really unpleasant to me to object 

to a bill when I have the power, there being no quorum in the Senate, to prevent its passage of my own volition. It is very unpleasant to me to feel obliged to resist these appeals, but, as I said when 

the bill was up, I really think it is .a bad bill and I should not like 

to see it passed without other Senators examining it. 

So far from the Senatorpersuading me to support the bill, I should 

like to get hold of him for two or three minutes to tell him what I 

think about the bill, and I feel satisfied I could p ersuade him that he 

wou]d be sorry himself to have the bill passed. It is a bill, as I un- derstand, taking a subject which is now entirely in the jurisdiction of the courts in the cities and States where the immigrants land, 

and putting it under congressional care. It is the tendency of all 

the bills from the Committee on Commerce. They all seem to tend 

in one direction. When you accomplish this object, when you have 

done this thing, you will find that you have ab olutely destroyed the 

safeguards which have been put over immigrants under the laws of 

the St.ates. I do not think that other gentlemen in the Senate who are absent now wonld feel that I did right if I allowed the bill to go 

through. 

1\Ir. CHANDLER. I wish to expre my gratitude to the Chair and 

to the Senators who have been thus kind to me. I have no more bills 

to offer at present. 

1\Ir. SPRAGUE. I move that the Senate adjourn. 

The mMion was agreed to; and (at six o'clock and thirty-eight 

minutes p.m.) the Senate a~journed. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, June 17, 1874. 

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

Rev.J.G.BUTLER,D.D. 

Mr. CROOKE. I move that the reading of the Journal be dispensed with; it is very long. · 

Mr. SENER. I object; the House is too thin. 

The Clerk commenced the reading of the Journal, but before con- cluding, 

Mr. COTTON. I ask that tho further reading of the Journal be 

dispensed with. 

Mr. SENER. I withdraw my objection. 

No further objection being made, it wa-s so ordered. 

REPORTS FROM THE DISTRICT COl\HfiTTEE. 

Mr. COTTON. I ask unanimous consent that the Committee on the District of Columbia have one hour this morning to conclude 

their reports. Under the rule they were ent.itled to submit their re- ports on Monday last, it being the third Monday of the month; but 

it being within the la.st ten days of these sion they were deprived 

of their opportunity. I understand the gentleman from New York, 

[Mr. TRE!\1A.IN1 ] who has a motion to suspend the rules coming over from yesterday, is willing that we should take an hour now . . Mr. TREMAIN. Will my matter come up immediately afterward Y 

The SPEAKER. It will. 

Mr. POTTER. I have an unfinished matter from yesterday, upon 

which a division was ordered. 

The SPE . .AKER. The Chair will recognize the gentleman afterward. 

No objection was made, andtherequestof Mr.COTTONwas granted. 

WASHINGTON AND GEORGETOWN RAILROAD. 

Mr. COTTON. There is a bill in thehands of the Clerk, which was reported tho other day by the gentleman from Illinois, [Mr. RICE.] 

I ask that it be now considered. 

The pending bill was a bill (H. R. No. 3641) to amend the act en- titled "An act to incorporate the Washington and Georgetown Railroad Company," approved May 17, 1872, reported from the Committee on the District of Columbia with an amendment, The bill provides that the Washino-ton and Georgetown Railroad 

Company may extend its tracks in Washington City, District of Columbia, from Seventh street west, down Water street1 to the intersection of P street south, thence along said P street to the west side of 

the arsenal gate; provided that wherever the foregoing route may 

coincide with the route of the .Anacostia and Potomac River Railroad, on Water street or elsewhere in the District, or connect portions of such 

route, but one set of tracks shall be used by both companies; which are hereby authorized and empo_.wered to use such tracks in common, 

upon such fair and equitable terms as may be agreed upon by said 

companies; and in the event the sai<l companies fail to agree upon 

satisfactory terms, either of said companies may apply by petition to 

the supreme court of the District of Columbia, which shall provide for 

proper notice to and hearing of all parties interested, and shall have 

power to determine the terms an<l condition upon which, and the 

regulations under which, the company thereby incorporated shall be 

entitled so to use and enjoy the tracks of such other treat-railroad 

company, and the amount and manner of compensation to be paid 

therefor; and provided further, that neither of the companie u::;in~ 

such track in common shall be permitted to make the track so u ed. 

in common the depot or general stopping-place to await passengers, 

but shall only be entitled to nse the same for the ordinary passage of 

their cars, with the ordinary halts for the taking up and the dropping 

of pas engers. 

The amendment was to add to the bill the following : 

.A.ndprovidi!djurther, That such railroad track shall conform to the gr:We 68· 

tablished by the board of public works of the District of Columbia. 

The amendment was agreed to. 

The question wa upon ordering the bill, as amended, to be en- grossed and read a third time. 

ilr. RICE. I de ire to state to the House that this. bill is for the purpose of allowing the W ashingtou and Georgetown Ra.Hroad Company, . already built, to extend its trackabouttbreehuncb·ed yards, not fortbe 1 

purpose of benefiting the company, but for the benefit of the property- owners in that region. This railroad terminates at the foot of ~ev-
1874. CONGRESSIONAL RECORD. 5109 

enth street. There are three wlL·trves near there from which excur- sion steamboats run, butthisrailroaddoesnot extend ~othosewharves. 

The owners of the wharves desire to haye. the rat.lr~ad .extended. 

The railroad compa,ny are willing to do thts if periD.lSSIOn ~s granted 

by Congress. I have. ~een .over the ground: The street I.S J?Ot yet 

paved; and the proVisiOn IS made that this shall be don~ ill con- formity with the grade established by the board of public wor~. 

I believe that this measure is entirely proper for the accommodatwn 

of the people. . The bill, as amended, w~ ordered to l;>e engrossedand.rea~ a third 

time; and being engrossed, 1t was accordingly read the thrrd tnne, and 

passed. Mr h' h th b'll RICE moved to reconsider the vote by w IC e I was pass~d ; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

CORPORATIONS IN THE DISTRICT OF COLUMBIA. 

· Mr COTTON from the Committee on the District of Columbia, re- ported a bill (H. R. No. 3739) to amend the act entitled "An act to 

provide for the creation of corporations by genera~ law," approved 

March 3, 1870; which was read a first and second time. 

The bill was read. . . " 

The first section amends the fourth section of the act entitled An 

act to provide for the creation of corpomtions in the District _of Columbia by general law," approved MaY:~' 1870, so.as to authonze the 

formation of companies under tlte proVisiOns of sa1cl act for constructing locks docks and wharves in the District; and for these and all 

other pm~po es ~entioned in said fourth section St;Ibscriptions to the 

capital stock or any part thereof, of such corporations as have a capital stock m'ay be made in lands and leas.es of lands, or easem~nts, rights, and privileges relating to the obJect of su?h. corporations, 

(where the property so subscribed shall be such as It IS proper that 

the corporation shall own for the adv~cement of the purposes for 

which it was incorporated,) at a valuation to b~ ~ed by a board of 

appraisers consistin(T of three competent and dismterested men ap- pointed by the snp~me court of the District of Columbia or any of 

the judges thereof, upon a petition filed for that purpose, whose re- port and appraisement, to be ~~e under oath, shall be ~pprov~d by 

thesaid court; butsuchsubscnptionsshall not be otherWise rece1v~, 

nor shall they be so received, unless the same sha:U have been pr~Vlously authorized by the stockholders a~embled II? ~eneral m~etmg, 

pursuant to a call, 't? consider the propnet:y: of recetvmg the said. subscriptions and of fixing the t~rms ~pon whwh they sh.all be received. 

Where property of any ki?d IS received .bY ~he authonty of the stockholders in general meetm(T as aforesaid, ill payment for stock, the 

books df the company are t~ be so kept as to show at all times fully 

what property was received for the stock, at what value, and the 

number of shares of the capital stock issued for the same. In all 

other ca es money only shall be considered as payment of a subscription to any part of the capital stock. 

The second section provides that t~e act referred. to be furtJ;er 

amended so as to authorize the formation of mutuallif~ :md fire~­

snrance companies which shall be subject to all the proVisiOns of said 

act so far as the s~me may be applicable thereto. . The third section provides that Z. D. Gilman, William Dickson, 

William H. Pope, George W. ~tickney, Charles H. Moulton, Henry I?· 

Barr, Giles H. Edwards, W~1am Tyler, N. G. Starkweather, and th~IT 

associates a company or(Tamzed under the name of the Cottage Hill 

Company; for the purpo~e of improv_ing certain real ~state contigu- ous to Wa hington, by the constr~ction of· cottagt;, yilla, and 1lther 

residences, be authorized to organiZe as~ body-politic and corpora:te 

under the fourth section of the act entitled "An act to proVide for 

the creation of corporations in the District of Columbia by general 

law," approved May 5, 1870, ~ the same manner an~ with the sa.I?le 

rights and privileges, and snbJec.t to the same regulati~ns and res~nctions, as are therein provided With regard to corporatwns authoriZed 

by said act. . . . The fourth section declares It lawful for assomations of three or 

more persons desirous of caJTYi?g on any lawful ~~iness within. the 

Di trict of Columbia to organiZe under the proVisiOns of the aforesaid act; and they shall be enti.tle.d to all t~e privil~ges al!-d subject 

to all the rerrulations and restnctwns thereill proVided With regard 

to corporatigns authorized by that a.ot. 

Mr. COTTON. Mr. Speaker, the act of May 31 1870, for the formation of corpora~ions in this ~ist?ct purpo1't!s i.n Its terms to be 3: gen- eml incorporatiOn act, but 1t IS not so; 1t IS somewhat restncted. 

Section 4 provides that- · 

Corporations may be formed fo_r manufactnri..T;lg, agricultura;J., mining, meohan· 

ical, b11siness, insurance, mercantile, transportation, or marketing purposes. 

This would not seem to include corporations for improving real e tate. A corporation has been iormed in this. District for that purpo . This bill aut,horizes tha,t company to mcorporate under the 

general law and it furt.her provides that hereafter corporations may 

be formed f~r any lawful business under this general incorporation 

act and that in urance companies mutual in their chai·act.er may also 

be ~rganized nn.der this. la:w. .All ~hes.e corporatio~, I will say, are confined to busmess Withm the D1strwt of Columbia. We further 

provide that corporation may take stock subscriptions in land where 

the land is deeded for the business of the corporation and for no other 

business; but the consent of the stockholders is first to be obtained, 

and the land is to be appraised by commissioners to be appointed by one of the courts of the District. This is the effect of the provisions of the bill. . 

Mr. WILLARD, of Vermont. Does this bill allow real estate to be 

subscribed for stock in these companies f 

Mr. COTTON. That portion of the bill in respect to taking land 

for stock was for the benefit of the wharfing company. 

Mr. WILLARD, of Vermont. I understood the gentleman to say 

that this bill modifies the general law allowin~ land to be subscribed as stock. I wish to know if it so amends toe law in reference to • corporations simply a regards those dealins- in real estate t 

Mr. COTTON. Instead of passing a spemallaw in reference to this wharfi.n~ company we thought Congress would much prefer to pass a general law. We provide in this bill where a corporation may need 

land for the purposes of the company it may take it in subscription 

for stock. I now uemand the previous question. . The previous question was seconded and the main question ordered; 

and under the operation thereof the bill was ordered: to be engrossed 

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

the third time. 

Mr. COBURN. Is this bill a charter for a mere building company 'I 

I understand the original charter was for a company to build houses. 

I hope the gentleman will state what was the original law. 

Jtlr. COTTON. The original law was for varioll8 purposes. This 

provides that persons may incorporate in the District of Columbia 

for any lawful business. It is like the general incorporation law of 

Illinois and Iowa. That is embraced in the laat section of the bill. 

Mr. COBURN. What is the specific object of the bill t 

Mr. COTTON. First, it authorizes corporations to take land where 

they need it for the actual busbess of the corporation, in place ~f 

insisting the stock shall all be paid in money. In the next place, 1t 

allows corporations to be formed in the District of Columbia f9r any 

lawful purpose. It is in effect a general incorporation law. 

Mr. COBURN. Is this an amendment to the generallawf 

Mr. COTI'ON. There was a company organized heretofore. That 

seemed to be outside of the law. We legalize that company andmake 

it a valid corporation in this law. · 

Mr. COBURN. But subject to the general provisions of the law in 

reference to corporations. 

Mr. COTTON. Yes; and we cure the defect in reference to that 

corporation as at present organized. 

Mr. COBURN. I see also a provision for life insurance companies. 

Mr. COTTON. The present law does not seem to cover insurance 

companies. yr e provide they may be incorporated under. ~his act. 

After specifymg all these cases we put on the general proVision th:tt 

hereafter any persons in the District of Columbia may incorporate 

themselves for any lawful purpose. It is the same as the general 

incorporation act of Illinois and of Iowa, and I believe of other States. 

Jtlr. HAWLEY, of Connecticut. l\lr. Speaker, I am not quite satisfied in regard to tills bill. It is an attempt to establish a genera) 

joint stock company law under which all manner of associations may 

be organized-insurance companies, manufacturing companie , wharf 

companies, dock companies, &c. It allows them to sub cribe not in 

caah alo:r;te but in real estate. It strikes me the provisions of the bill are very loose. _ 

The gentleman from Iowa likens the bill to the general joint stock 

company law of Illinois and of New York State. If he will take the 

statute of New York-and perhaps there are others who can speak of 

it with more certainty than I can ; but I refer to one department-if 

he will take the New York law in regai·d to insurance companies he 

will see tha-t that cannot be done in any one line or any one section. 

It is impossible for a section to be framed to provide a general law, 

for the incorporation of insurance companies as it ought to be done. 

Here we have but a line or a section providing a general law, 

merel:v naming the companies. I would much prefer a bill like this 

should be carefully ma.tured by the Committee on the Judiciary. It 

is a subject not lightly -to be dealt with. Under it all manner of 

corporations can be framed in this District of Columbia. Under it 

there may be subscriptions, not in money alone, but in real estate 

and in almost anything el e they may choose to pledge for stock. If 

in order, I move the reference of this bill to the Judiciary Committee. 

1\fr. COTTON. Jtlr. Speaker, the gentleman mistakes tbe bill. 

Mr. HAWLEY, of Connecticut. If it appears I have mistaken it, 

after it has been referred to the Committee on the Judiciary and ex- amined then it can be reported back to the House and passed. There 

should be some examination by that committee of the provisions of 

this bill. 

Mr. COTTON. There was a general law passed in 1870 to wJ4ch I 

will call the attention of the gentleman from Connecticut, and that 

law does contain all the safeguards to which he has referred. I have 

the law before me, and the gentleman can look at it. This simply 

provides for corporations to be formed under the gen~ral law ~hi?h 

contains all the necessary safeguai·ds. The la t sectwn of this bill 

merely provides that persons in the District of Columbia may form 

corporations for any l2.wful business. 

Mr. COBURN. Will the gentleman explain the last section .aut~.,rizing three persons to be incorpora.ted for the purpo::;o of gomg rnt 

any sort of business Y 
5110 CONGRESSIONAL RECORD. JUNE 17, 

.Mr. COTTON. That is because the old law reads.that way. The 

fourth section of the act of May 4, 1870, provides that "at any time 

hereafter any three or more persons who may de ire to form a com- pany for the purpose of carrying on," &c., may incorporate. We adopt 

thi provision in regard to the corporation of three or more persons 

in this bill, because· the existing law provides for the incorporation 

of that number of persons. And insteau of limiting their incorporation to certain bu ine s purpo es, we provide that· they may be ·incorporated for any lawful purpose. And t.hat is exactly in accordance 

with the laws in the States. We are careful to confine them in their • operations to the District of Columbia. • Mr. BUTLER, of Tennessee. Would that authorize the grangers 

to be organized as a corporation 7 

Mr. COBURN. It would authorize the organization of almost anything. In the States, a I understand it, the power to incorporate is 

given for certain specific business purposes, and not for any purposes 

whatever. The acts of incorporation in the States mention the purpo es for which organizations can be incorporated. 

Mr. COTTON: The gentleman is mistaken. They do not. The 

statutes in the States include this very language: "And persons may 

incorporate for any lawful purpose." And I ru;k my friend why they 

hould not be allowed so to do; why they should not be allowed to 

incorporate for the purpo e of engaging in any lawful business as to 

incorporate for the purpose of building houses or railroads The 

general law, the act of 1 70, has in it all the safeguards desired by 

the gentleman from Connecticut. 

Mr. HAWLEY, of Connecticut. My objections to the bill have not 

been removed. I find that in the first section the existing law is so amended as to authorize the formation of companies, under the provisions of said act, for constructing locks, docks, and wharves in said . District ; and that, for these and all other purposes mentioned in said 

fourth section, ub criptions to the capital stock, or any part thereof, 

of such of said corporations as have a capital stock, may be made in 

lands and leases of lands, or easements, rights, and privileges relating to the object of such corporations. I do not see but under this, 

if I had a right of way acTOss my neighbor's back yard, I might subscribe that as a part of the stock of a corporation for improving the 

wharves of the city. 

Section 3 proposes to incorporate certain individuals, or to provide 

for their being incorporated under the general law, as the Cottage 

Hill Company. I wish to a:sk is this a general law providing for the 

incorporation generally of Joint-stock companies or a special law for 

the Cottage Hill Company t The bill is partly in print and partly in 

manuscript, so that there is a difficulty in understanding what it does 

precisely provide for. 

Section 4 providesThat hereafter it shall be lawful for associations of three or more persons desir- ous of engaging in any lawful business within the District of Columbia., to organize 

under the provisions of the aforesaid act~ and they shall be entitled to all the privileges and subject to all the regulations, &c. 

That is to say, that there shall be no longer any individual liability. 

Mr. DAWES. Does the gentleman mean to say that by this bill 

any three persons can get incorporated for any business f 

Mr. HAWLEY, of Connecticut. Yes, for any business UI).der the sun. Under the provisions of this bill any three persons may form a mutual or general stock life insurance company, and carry on its operations all over the Union. And I may subscribe part of my back 

lot as part of the stock of such a company. 

I move that the bill be referred to the Committee on the Judiciary. 

:Mr. COTTON. I have the floor and do not yield to the gentleman 

for that purpose. I think I know as much about corporations and 

the general corporation law as my friend does who hru; just spoken, 

and I wish to call the attention of the House to the fact .that at this 

very time, under the law passed in 1870, three persons can form a cor- poration in this District for insurance purpo es or for any purpose au- thorized by this law. The gentleman from Connecticut objects to 

this bill because it authorizes generally an incorporation for all lawful purpo es, and the gentleman from Ma sachusetts [Mr. DAWES] 

inquires whether or no 1t authorizes three- persons to form a corporation. The gentleman eeme<.l to indicate· urprise that there should be a provision of that kind in this bill. 

Now if you look at the act of 1870 yon will find that Congress at 

that time authorized three persons to form a corporation for insurance business and for a great many other purposes. The fourth section of 

the act reads: 

That at any time hereafter any three or more persons who may desire to form a company for the purpose of carrying on any kind of man'nfa.cturing. agricultural, mininu, mechanical, msurance, mercanljle, transportation, or marketing business 

in the 'District of Columbia, may make, sign, and acknowledge, before some officer 

competent to take the acknowledgment of deed , and file in the office Qf the regis- ter of deeds, a certificat-e in writin u, in which shall be t~tated the corporate name of 

the saicl company and the objects fOr which said company hall be formed, &c. 

But in this bill certain object'> are specified. It was thought that 

the purpo es for which thi corporation is formed might not come under the head of ''manufacturing busines ." Therefore to secure their organization they require this act, that their corporation may be 

legalized. Then a company has been organized to carry on mutual 

insurance busine s. They were afraid that the Jangnage of the act 

of 1870 might not cover them, and so we provide that they shall be 

inclnlleu in the law. A.nd then, to avoid the questions arising, that 

have several times required special legislation to cover the particular 

purpose for which a company sought to be incorporated, we put in 

this fourth section, which gives the same right of incorporation as is 

given in the several States of the Union. 

A.s to the taking of land, the bill only provides that they hall take 

land where it is necessary for the particular purpo es of the corporation, such as for maintaining a wharf. Such a casE\ wa brought to our attention where the party owned the land which he de ired to put .into the company, and this is to enable that to be done without the 

party being :first required to pay the money and then after paying in the 

money going through the form of receiving it back for the land; but 

the committee WQre carefuJ t.o o limit the bill that land is not to be 

taken for any purpo e except simply for the actual use of the corporation 

in its business, and this with the consent.of the stockholders and aiter 

approval by commissioners appointed by the courts of the district. 

We have given this bill, we think, ample care, and believe that there 

is nothing wrong or mischievou in it. 

.Mr. HOLMAN. I desire to ask the gentleman a question, and that 

is in what manner th~ liabilities of this corporation are inten<.led to 

be secured, and to what extent there is individual liability on the 

part of the corporators f It seems that any three per ons may con- stitute a corporation for any purpose under this bill. Are they mere partnern, wit.h entire liability for the debts of the corporation, or is the 

corporation alone a~ such re ponsible for it debts Y 

Mr. COTTON. The liability against the parties who may be benefited by this act will be just the same ru; it is now under the ~eneml 

corporation act of the District to which I have referred, anu I will 

call the gentleman's attention to a section of that act. I tis as follows: 

No stockholder shall be personally liable for the payment of any debt contracted 

by any company formed under thi act which is not paid within one year from the 

1ime the debt becomes due, unlcl';S a snit for the collection of such debt shall be 

brought against such company within one year after the debt became clue; ant'l no suit shall be brought agamst any stockholaer who shall cease to be a stockholder in any such company, for any debt contracted by said company, unless the S..'l.mo 

shall be commenced within two years from the time he shall have ceased to be a stockholder, nor until an execution against the company shill have been returned 

unsatisfied in whole or in part. 

That, of course, applies to this bill as well as to the old law, and it 

goes beyond the laws of most of the States in making these parties 

liable. 

Mr. POTTER. To what extent are they liable T 

Mr. COTTON. There is no limit ex~ept a.s to time. 

Mr. HOLMAN. What the gentleman has read is an exception in 

favor of the stockholders. Where is the affirmative section or clause 

that creates the liability of stockholders 'I 

Mr. COTTON. This says that they shall be personally liable for 

the debts. 

Mr. HOLl\fAN. That says that no stockholder shall be personally 

liable for the payment of any debt. 

Mr. POTTER. There must be a section which fixes the liability, 

of course. 

Mr. COTTON. Here is the section: 

The stockholders of any company organized under the provisions of this act shall, jointly, evera.Uy-, and individu::illy, be liable for a.ll debts that may be due 

and owing to all their laborers ~ servanL~ and apprentice , for s rvices performed for such corporation, and hall oe indivianally liable for all debts of said corpora- non to the amount of the stock of each stockholder. 

And now, Mr. Speaker, I move the llfevious question on th_e bill. 

Mr. POTTER. I de ire to ask the gentleman a que tion or two. 

Mr. COTTON. Let the previous question be sustained and then I 

will yield to the gentleman for any question. 

Mr. POTTER. I merely want to a~k some questions; I do not care when I do it. 

On seconding the previous question there were-ayes 34, noes 35; no quorum voting. 

Tellers were ordered, and Mr. HoLMAN and 1\Ir. COTTON were appointed. · The Hop.se divided; and the tellers reported ayes 19 noes not 

counted. 

So the previous que tion wru; not econded. 

Mr. HAWLEY, of Connection t. I now move that the bill be refen-ed 

to the Committee on theJudiciary,not to be brought back by amotion 

to reconsider. 

The motion was agreed to. 

BALTIMORE AND OmO RAILROAD COMPANY. 

Mr. PELHAM, from the same committee, reported back with amendments, and with the recommendation that it dopa s, the bill (S. No. 

571) to authorize the Baltimore and Ohio Railroad Company to collstTnct a branch and to change the location of its road within the District of Columbia, and for other purposes. 

The bill was read, a follows: 

That the Baltimore and Ohio Railroad Company be, and it is h rcby, :mthorizeu to construct a·lateralroad, from any~inton its W, hington branch, into the o;Jnnt~ 

~~e!~:~~np~t~ ~tj~~n~~ a~~uDi~:1:~ :~t~~~e~\ ti: ~~troofW~~~~~: Provided, That such work shall be completed within five years after the passage of 

this act. SEc. 2. That all the provisions of the s'everal acts of Congress relating to the lat. 

eral road authorized to be built into anu within the District of Columbia. by an act passed March 2, 1831, cntitleu "An act to authorize the ext{<n. ion, ront>trnctiou, and nse of a lateral branch of the Baltimore aml Ohio road into wd within the 
1874. CONGRESSIONAL RECORD. 5111 

Di!'.trict of Columbia" and the supplements thereto ~ball apply1 and they are h_et:eby 

declared to apply, a far as they are :~;pplicable and m C_!JnfOrllllty to the proVIsions 

of this act, to the location, construction, and use by srud compa.ny. 

The amendments reported by the committee were read, as follows: 

In section 1, after the words "Washington branch," insert the words "one and a 

balf miles north of Boundary street." After the words " any point," in line 7, insert the words "one mile north of Boundary treet.." 

Strike out in line 9, in section I, the word "five" and insert the word "two." 

Add to section 1 the followin_g: The said line shall avoid all Government property, and the point of intersection as w~>ll as said lateral branch to be approved by tile engineer of public buildings 

a.nd grounds. Add t.o section 2 the following: This act may be altered, amended, or repealed. 

Mr. ELLIS H. ROBERTS. Will the gentleman tell us the object 

and purpose of this billY 

Mr. PEL~I. The only object is to enable the Baltimore and 

Ohio Railroad to make a junction with the Metropolitan branch one and a half mile outside of the city of Washington ; that is all there 

is in it. They are to build the road at their own expense, and the 

line is to be approved by the engineer in charge of the public buildings and grounds of the city of Washington. It does not interfere 

with anybody or with any property, and does not ask for any appropriation. I call the previous question on the bill and amendments. The previous question was seconded and the main question ordered; 

a.nd under the operation thereof the amendments were agreed to. 

The bill, as amended, was then read the third time, and passed. 

:Mr. PELHAM moved to reconsider the vote by which the bill was pa sed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

REGULATING GAS-WORKS. 

Mr. COTI'ON. I ask that Senate hill No. 733, regulating gas-works, 

in charge of the gentleman from New York, [Mr. SESSIONS,] may be 

considered during om hour, it being a bill relating to this District. 

No objection was made. 

Mr. SESSIONS, from the Comrmttee on Public Buildings and 

Grounds, reported back, with amendments, Senate bill No. 733, regulating ga -works. The bill provides, in the first section, th&t from and after the 30th 

day of J nne, 187 4, the illuminating power of the gas furnished by any 

gas-light company, person, or persons, in the city of Washington, Ditrict of Columbia, shall be equal to sixteen candles by the Bunsen 

photometer, using the English parliamentary standard Argand burner, ha.ving fifteen holes and a seven-inch chimney, consuming five 

cubic feet of ga per hour; and such gas shall not contain more than 

twentygrainsofsulphurinanyforminonehundredcubicfeet,normore 

than five grains of ammonia in any form in one hundred cubic feet; 

that when the illuminating gas supplied by any company, person, or persons in the city of Washington, District of Columbia, shall at any one time be of less illuminating power or of less purity than according to the standard just heretofore given, it shall be so reported by 

the inspector of gas and meters to the company, person, or persons 

supplying the a.me, who shall be subject to a penalty of lOU, to be 

recovered before the proper tribunal and paid into the treasury of 

the city of Washington aforesaid, for each and every day during which 

such violation shall continue; provided, however, that if it shall appear that such deviation from the above-named standards could not 

have been prevented by ordinary care and prudence, but was occa- sioned by some unavoidable cause, then the said penalty shall not be 

enforced. 

The second section provides that a suitable and impartial person, 

competent as a chemist, who is not a stockholder or employe in any 

gas-works, shall be appointed by the President of the United State , by and with the advice and consent of the Senate, to be designated 

and known as inspector of gas and meters, whose compensation shall 

be a saJ.ary of 2,000 per annum, and who e duties shall be to test and 

determine the illuminating power and purity of the gas furnished by a,ny company, person, or persons in the District of Columbia; and to 

te t, l)rove, and seal all meters that may be h ereafter u ed by them ; 

a.nd that a uitable per on, who shall be a gas-fitter by trade, shall 

be appointed by the Pre ident, as aforesaid, on the recommendation 

of the inspector of gas and meter , as an as istant in pector, at a salary 

of $1,000 per annum, who shall as ist in the duties specified. under the 

direction of the inspector of gas and meters. . The t.hird section provides that a laboratory shall · be provided and 

fitted up by the Wa hlngton Gas-light Company, subject to the approval of the inspector, in the central part of the city of Washington, 

at a distance, as near as may be, of two thousand feet from any gas 

works, and furnished with suitable apparatus for the transaction of 

the business of the inspector and assistant inspector for which it is 

intended, and the laboratory shall be kept open on all business days 

between the hours of ei~ht o'clock in the forenoon and five o'clock in 

tho afternoon; provided. that the cost of ·fitting up aid laboratory 

shall be paid for by each gas company in the District of Columbia in 

proportion. to their sale of gas in 11:!73. 

The thircl section provides that the company, person, or persons furnishing the eras may, if they see fit, on ea.ch occasion of the testing 

of the gas by the insp ctor o1· assistant inspector, be represented by some ollicer, lmt such officer sha.ll not interfere in the testing. 

The fifth section provides that daily inspections, Sundays excepted, 

shall be made in conformity to the intent of this act, between the 

hours of five and eleven o'clock in the afternoon, and a record shnJl 

be kept of each inspection, giving t he illuminating power and purity, · which shall be open to the public, and a copy of the daily inspection 

shall be furnished the following day to the company, person, or per- ons furnishing the gas, Saturday's inspection to be furnished on Monday, and a full report for the month to be furnished, upon request, to 

any daily paper print~ in the city of Washington on the day of their 

publication next after the 24th day of each month, to include each 

day's te t from the date of previous publication, and giving the 

average illuminating power for the month. 

The sixth section provides that all bills for gas furnished by auy 

company, person, or persons shall state the average Hlnminating power 

for the month; and if the same shall fall below sixteen camlles, a-s in 

this act prescribed, then the amount of the bill shall be reduced pro 

mta. 

The seventh section provides that in testing meters, the inspector or a istant inspector shall ascertain whether the meter is of proper 

construction, and requires only the pressure of a column of water indicated by the water-gauge, commonly used for such tests, of one- fourth of an inch high to work it, and whether it works regularly and 

correctly, and registers exactly the amount of gas passing through it, 

first, at the rate the meter is marked to supply; secondly, at one-third 

its rate ; thirdly, at twice it.s rate ; that the standard foot shall be one cubic foot, oontaining 62.32 pounds, avoirdupois weight, of distilled 

water at the temperature of 62° Fahrenheit, and with a barometri- cal pressure of thirty inches; and meters registering within 2 per cent. either way of the exact number of such feet passing through them at 

the first-named rate, and within ~-3" per cent. at the second and third 

rates, and no others shall be deemed accurate and be stamped by the 

inspector; and that the inspector shall keep at the laboratory a cor- rect record of all meters inspected by him, with their proof at the 

time of inspection, which record shall be open at all times to the public for any reasonable examination by any company, person, or per- sons having any interest therein. · The eighth section provides that any gas-meters now in use shall 

be proved and tested on the-written request of the consumer of gas on whose premises it ma.y he, and in his presence, if he requires, upon 

the pa.yment in a-dvance to the inspector or as istant inspector of :fifty 

cents for each and every meter inspected, proved, and sealed, and if 

any such meter, on being tested, shall be found to regi ter in:wcurately 

to the injury of the consumer to an extent ~xceeding 2 per cent., the 

fee of fifty cents shall be returned to the person applying for said 

inspection and be paid to the inspector by the company, person, or persons supplying the gas; a.nd every such meter shall be considered 

correct, and sealed accordingly, which shall register quantities vary- ing from the true standard measure of gas of not more than 2 per 

cent., a.nd a record shall be kept of the same and of all fees so col- lected; that all meters hereafter used by any ga.s company, person, or persons shall be first inspected, proved, and sealed at the laboratory 

provided for by this act; and for such inspection, proving, and sealing the company, in the first instance, and thereafter the company, 

person, or persons applying to have t.b.e meter inspected, shall pay 

fifty cents for each meter, a record of which shall be kept and of the 

fees so collected; and all fees shall be applied to the payment of the 

expenses for maintaining and keeping in good order and repair the 

laboratory and apparatus. 

The ninth section provides that each company, person, or persons 

manufacturing illuminating gas in the District of Columbia, shall, 

when required, in writing, by the inspector of gas and meters, bring 

to the laboratory any meter that may have been required to be 

inspected, proved, and sea,led, and to return the same to its proper 

place after such inspection; n.nd it shall not be lawful for any other 

party or person to remove and return meters. 

The tenth section provides that the inspector and assistant inspector of gas and meters shall each give bo~ds to the extent of double 

his annual salary, and shall each take an oath or affirmation, before some officer legally qualified to n.dminister tho same, th:J.t he will 

faithfully, diligently, and impartially discharge the duties of his 

office. The eleventh section provides that the Washington Gas-light 

Company shall be authorized, on and after the pa. ' age of the act, to 

charge and receive for c9al-gas furnished to and paid for by the Go.v- ernment of the United States at the rate of 2.50 per one thousanu 

cubic feet; and when furnished and paid for by other parties, or by 

the inhabitants of the city of Washington, at the rate of $2.75 per one thousand cubic feet; provided tha.t if t.b.e pt~>rty or inhabitants so furnished shall pay monthly any bill within even days after the same shall have been presented, said party shall be entitled to a discount 

upon the amount of such bill at the rate of twenty-five cent-s per one thousand cubic feet. And all laws authorizing any higher ra.te are thereby repealed. 

The twelfth section provides that the Washington Ga -light Company shall be authorized and required to fmnish illuminating gas to 

the government of the District of Columbia within the distance of 

fifty yards from any of their mains, on the same terms as to the Gov- ernment of the United State , and in case of the non-payment of any 

mouthly bills by the said District beyonu the p eriou of ten days from 

the time of presentation, the company shu.U bo entitled to demand a.nd 
5112 CONGRESSIONAL RECORD. JuNE 17, 

receive .interest thereon from date until pa.id ; that the said company 

shall light, extinguish, keep clean, and repair the Wa hin~'~'ton City 

street-lamps at the uniform price of forty dollars for each 1amp per 

annum, to burn two thousand two hundred hours per annum, with a six-foot burner on each lamp, subject to any regulation that may be 

prescribed by the city authorities as to the time of lighting and ex- tinguishing the same, and any extra number of hours to be charged 

and paid for at the same rate; provided that the city of Washington 

shall furnish, when necessary, new lanterns to replace old ones, and 

shall furnish and pay for the reasonable expense of erecting new lamp-posts to replace such as are old, damaged, and unfit for use. The thirteenth section provides that if any person or persons, supplied with ga , neglect or refuse to pay the amount du~ for the same, 

such company may stop the gas from enterin~'~' the premises of such 

person or persons; and that in no case shall the officers, servants, or workmen of the company remove a meter from premises supplied 'by 

the company, unle s by consent of the consumer, without first giving 

forty-eight hours' notice in writing by leaving the same at the premises of the consumer; and said removal shall take pla-ce only between 

the hours of eight o'clock in the forenoon and two o'clock in the 

afternoon. 

The fourteenth section provides that it shall be lawful for Congress 

at any time hereafter to alter, amend, or repeal the act, and all acts 

and parts of acts inconsistent therewith are thereby repealed. 

The :fifteenth section provides that any person who, with intent to 

injure or defraud any gas company of the District of Columbia, shall 

make or cause to be ma-de any pipe, tube, or otherinstrumentor con- trivance, or connect the same or cause it to be connected with any 

main, surface pipe, or other pipe for conducting or supplying illuminating gas, in such manner as to connect with and be calculated 

to supply illuminating gas to any burner or orifice by which. any illuIhinating gas is consumed, around or without passing through the 

meter provided for measuring and registering the amount of ga.s there 

consumed, shall be deemed ~uilty of a misdemeanor, and upon con- viction shall be punished by Imprisonment not exceeding six months or by tine not exceeding 250. 

The sixteenth section provides that the price which may b.e charged 

for gas by the Washington Gas-light Company shall be uniform and . the same to all consumers, and any reduction made in the p1ice or cost of gas to any person or persons, except the officers of the com- pany, shall furnish a legal right on the part of any other person or persons to demand gas at the same cost or price. 

The first amendment reported from the committee was in section 

11, to strike out "coal," before "ga ," and insert ''illuminating." 

The second amendment was to add to section 11 the following: 

Provided, That when the price of gas-coal delivered at the works of the Washington GM-light Company shall advance to $8 per ~n, the prico of ga~ .to con- sumers may be advanced 10 cents per thou. and cubiC feet, and an aaditional 10 cents per thou and feet for each additional dollar per ton that gas co l may advance 

in price; and in like manner a. reduction of 10 cents per thousand feet shall be made 

for each and e~ery dollar per ton that gas coal may fall below 7 p er t<>n ; and for 

that purpose tho Washington Gas-light Company shall in the month of May in 

each year furnish the Secretary of the Int-erior with a statement of all their coal contracts or purchases for the ensuing year, sworn to before a justice of the peace by their engineer or secretary, and the advance or reduction of price shall take 

pia.ce on the 1st of July ensuing-

:Mr. SESSIONS. I now call the previous question on the bill and 

amendments. 

:Mr. O'NEILL. I desire to offer an amendment. 

Mr. SESSIONS. I do not yield for that purpose. 

Mr. LEACH. Has not the hour of the Committee on the District 

of Columbia expired f 

The SPEAKER. It is about expiring. 

Mr. LEACH. I hope this bill will be referred to the Committee on the District of Columbia. 

The SPEAKER. Tlte question can be fairly tested by the House on seconding the call for the previous question. 

Tellers were ordered; and Mr. O'NEILL and Mr. SESSIONS were appointed. 

The House divided; and the tellers reported that there were--ayes 

117, noes 31. 

So the previous question was seconded, and the main question was then ordered. 

The amendments wore agreed to ; and the bill, as amended, was then read a thirtl tinle. 

The question was upon the passage of the bill. 

Mr. O'NEILL. I movo to lay the bill on t.he table. 

The motion wa-s not agreed to, there being ayes 11, noes not counted. 

The question recurring on the passage of the bill, it was passed. 

Mr. SESSIONS 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. 

REGULATION OF CONGRESSIONAL ELECTIONS. 

The SPEAKER. The House resumes the consideration of the mo- tion of the gentleman from New York, [.Mr. TREMAIN,] to suspend the 

rules and pass the bill (H. R. No. 1979) reported from the Committee on the Judiciary, entitled" A bill to preserve the ballots ca tat, and 

all papers connected with, ele tiona held for Representatives or Delegates to Congress, autl for oth r purpo es." '\Vhen the Hon e comes to order the bill will be reau. The Chair observes that some persons 

admitted to the floor, not by right but by favor, are abusing the 

courtesy granted to them. 

SMO~G IN TilE UALL. 

1\Ir. NIBLACK. I desire to give notice that during the remainder 

of the session I shall in ist upon a strict enforcement of the rule 

against smoking anywhere iu the Hall. It is exceedingJy offensive ~o me under all circumstances. The air in this Hall is at best very 

rmpure. 

The SPEAKER. It is in gross violation of the rules of the House 

for any gcmtleman to smoke in the HalL 

1\fr. NIBLACK. I shall, without regard to any feeling of personal 

delicacy, insist upon the enforcement of the rule under all circumstances both day and night. 

REGULATION OF CONGRESSIONAL ELECTIONS. 

The Clerk read as follows the bill as amended by the Committee on the Judiciary: 

Be it enacted by the Senate and House of Representatives of the United State of 

America in Oongress assembl;ed, That. th~ ballots, lists of voters, tally-sheets, and 

all other papers connected With any election hereafter held for R~pr ntative or Delega~ in Congres hall be pr~ erved ~<1 safely kept by the lawful custodians 

thereof m the several States until the a.<\JOW'nment of the first session of the Congress next thereafter to be affected by said election. 

SEc. 2. That either party to any contest in the Hous of Representatives may, wl1en 

there is an allegation in either the notice ofcontestor tbeanswertheret<>, tha.taportion 

of the ballots cast at any precinct or precincts at an e-lection held for Representative or Delegate in Congre have been fraudulently changed previous to the count thereof, or f:ilsely counted, have a. subprena, in accordance with the law governing con- tested elections, directed to said custodian, who shall produce, ag regu.ired therein, the 

ballots, lists of voters, tally- beets, and all other papers conn cted with aid election 

in his custody or control, and the same may, after the u ua.l notice to the contest&n tor contestee, btl examined and compared before any person authorized to take <lepo itions in contested elections; and sa.i<l person shall certify, under his hand and seal 

and forward in the manner provided by law, saitl examination and comparison, and 

the result thereof, to be used as endence in the case. SEc. 3_ That said ballot , lists of voters, tally- beets, and all other papers produced in response to said subprena shall immediately, after the exa.mmation and 

comparison thereof, be returned to the la.wfnl custodian in the same condition as when produced. 

SEc. 4. That any custodian of the ballots cast· at any election for Representative or Delegate to Congre who shall willfully ne?lect or refuse to safely keep and pre- serve the same, and the lists of voters, tally-snoots, and all other papers connected 

therewith, or who shall willfully neglect or refuse to produce the same as required 

in this act, shall forfeit and pay the sum of 1,000, to be recoveredJ with costs of 

suit, b_y the party _at whose in ta.nce the ~ubprena wa issued, and ror his n e, by an action of debt, m any court of tho Urute<l States, and shall al o be liable to an indictment for a. misdemeanor, and be punished by fui.e and imprisonment at the 

discretion of the COW'tSEc. 5. That at all elections for Representative or Delegate to the Congress of the 

United States, the vote at each electwnprecinctshall be counted at the clo e of the 

election by the managers and officers conducting such election, in tbe pr ence of 

such managers and or the supervisors (if any there be) appointed under the act of 

Congress in such cases made and provided, who o duty it shall be to attend for 

that purpose ; and the result of the ballot at such precinct shall be thereu~n an- nounced and made public; and any such manager, officer, or supervisor willfully neglecting or refusing to perform the dutie impo ed by this ection shall be guilt"v 

of a. crime, and, upon conviction thereot shall· be fined not le than one hundred nor more than five hun!lre<l dollars, and imprisoned in the penitentiary not less 

than three months and not more than two years, one or both, at the discretion of 

the court trying the same. SEc. 6. That any per on nsing fire-arm , or proposing or threatening to use fire.- a.rm.s, or other deadly weapons offensively against individuals, or as emblages of 

individuals, at or near the place and on the aay or days of any election of a. Representative or Delegate to the Congress of the Unit~<l States, for tbe purpose of intimi!la.ting or injuring uch per on or persons, either before or after the election, or while the arne 1s pro!!Tessing, hall be guilty of a crime, and upon conviction d\iall 

be fined not less than $500 nor more than 1,000, and impri one<l in the penitentiary not less than one year nor more than three years, one or both, at the discretion 

of the court tryi:n~ the same: P-rovided, That the open or concealed carrying of fire- arms or other aeaaly weapons at such election shall be taken as presumptive evidence of the intent to intimidate under this act- SEc. 7. That whenever, in any city, town, connty, or parish there shall be fifty voters thereof, who, not less than fifteen <lays prior to any registration of voto1:s 

for an election for Representative or Delegate in the Congre s of the United States, or, if there be no registration, at least fifteen claJs prior to any election at which a Representative or Delegate in Con!!Tess is to be voted for, shall p tition, in writinu, to the judge of the circuit court of' the United States for the circuit wherein suCh 

city, town county, or parish shall be, to have <~n election precinct and voting place 

establisheil at some convenient place, to be designated in said petition, it sball bo 

the duty of the said judge of the circuit court, within not less than ten days prior to said registration, if one there be, or, if no registration be required or had, Withln not less than ten days prior to said election, to hear and determine said petition ; and if it appear to said .judge that notice of the yresenta.tion of said petition has 

been posted up in said city, town, county, or pariSh, a.t the place where it is pro- posed t.o et~tablish a. voting place, not less than five days v.nor to th presenta.tion 

of the petition, and stati.nga.twhattime and pla.cesai<l petition would be pre cnterl, and that no legal voting place exi ts within six miles of tho place where aid peti- tioners pray to have a voting place established, said jurlgo sball make au or<lt•r 

establishing an election precinct and voting place a prayed for by said p ' t.itioncrs, and the same ball be a legal precinct and voting place for the election of RC'pre- sentatives or Delegates in Congres : Andlrovided, That in any city haYing ll' s than one voting 11lace to each 8lX thousan of its population, or fraction the roof over six thousand according to the then last ccnsns of the United Smtt>s, said 

judge may establish one additional voting place for such additional six thonsa.nrl, or fraction thereof, at some convenient point within not less tbau on -half mile uf 

any other legal voting place: And provided. further, That said ju<lf?e, in establi bing precincts and voting pla-ces as herein provided, and in appointing supervisors 

for the same, shallpo ess the same power and authority conferred by the act entitled "An act to amend an act approved 'May :n, 1870, entitled '.An act to enforc the 

rights of citizens of the United States to vot~ in the several States of this Union, 

!f~!~~~~~ =~~~-G~~ed February 28, 1871, and for that purpose may sit 

s~c. 8. That, in case the r e¢stration officers appointed under the authority of 

any State or Territory shall refuse or no.,.l ct to give the persons entitled to vote at any preC'.inct or voting place tablisherl lmflE'-r the provi ionll of the last J•ro· ceding section an opporLuuity to r egister in the manner rC'quir d by law for le_!i!\1 

election precinct-s, such refusal or ncgl ct shall not disqualify the persons eut.itJou to register and vote at said precincts from voting. 
1874. CONGRESSIONAL RECORD. 5113 

SEc. 9. That the clistrict courts of the United States within their respective districts and t.he circuit courts of the United States within their circuits, respectively, Shall h:1ve concurrent jurisdiction of off~uses committed against the provisions of 

thi act. SEc. 10. That at any election for Representative or Dele~ate to the Congress of th~ Unit.ed States, it shall be unlawful for a.ny person to vote more than once or to 

cast more than one ballot for such Representative or Delegate; and any person vot- ing more than once or casting more than one ballot, or attempting to cast more than one ballot, at such election for Representative or Delegate to the Congress of the 

"Gnited Stetes shall be guilty of a crime, a.nd upon conviction thereof shall be fined not less than 100 and not more than 1,000, and may be impri oned in the penitentiary not less tJlan one year and not more than three years, at the discretion of the court tryina the same. SEc. 11. •£hat upon the application in writing of ten persons who are qualified voters and residents of any congressional district in which it is desired to have 

supervisors of election appointed, to the circuit judge of the United States whose 

circuit embra<l68 such congressional district, said judge shall appoint and desig· nate one United States commissioner residing at some convenient place in the con- gressional district who shall have ;J?OWer to appoint supervisors of election at each 

Toting place in the congressional district as her in after provided. 

S&c. 12. That it shall be the duty of the United States commissioner appointed 

and designated by the circuit judge, as provided in the foregoing section, upon the 

application in writing of at least ten qualified voters, re idents of any county or parish of the congre ional district, to appoint two supervisors of election, who 

shall be qualified voters in and residents of the congressional district~ for each 

precinct in the cotmty or parish named in the said application a.s a precinct where 

1tis sou_!tht to have supervisors of election appointed; and such supervisors so appointed by the commis ioner shall take the oa.tb of office, and shall posse s the 

powers, perform the dutiesJ and be lia,ble to the pena.lties now provided by law for 

supervisors of elections or Representatives or Delegates to the Congress of the 

United States. 

SEC. 13. That whenever an election at which Represent..'lotives or Delegates in Con- ~ s are to be chosen is held in any con~s ion3l district, the marshal for the 

JUdicial district in which s:riu cong:rossic;~nn.l district, or any p:trt thereof, is situate, 

sh:ill, upon the application of ten citizens resid4:'nts of any county or parish in such 

congressional district, :1.ppointspecialdeputy mar hals, whose duty it shall be to aid 

and as istthesnpervisorl:lof election in theverifieationof nnyli tof persm1swhomay have voted; to attend in each election district or voting precinct at all times for 

holding elections at the polls in such district or precinct; and who sha.ll possess all 

the powers and perform tho duties a now provided by law of such special deputies 

in Cities or towns of twenty thousand inh~tbitants or upward. 

SEc. 14. Allla.ws a.nd parts of laws contravening the provisions of this act are hereby repe.'lled. 

During the reading of the bill, 

Mr. ELDREDGE said: I observe that the Clerk does not read the 

sixth section of the printed bill. _ The SPEAKER. That section has been stricken out in the bill presented by the gentl~man from New York, [.1\Ir. TREMAIN.] 

Mr. ELDREDGE. How could the gentleman do that 'I 

Mr. TREMAIN. I was directed by the committee to report the 

bill striking out that section in regard to fmnishing intoxicating 

liquors to voters. 

The SPEAKER. At all events, no question can be raised upon the 

matter, because the motion is to suspend the rules. The bill is not 

pre ented in the shape of a regular report. . 1\fr. ELDREDGE. I did not understand that the gentleman was instructed by the committee to report the bill with the section omitted. 

Mr. TREMAIN. It is true, however; otherwise I should not have so reported it. 

Mr. ELDREDGE. Well, that is one of the rotten planks of the 

bill; I am very glad to have it out. 

Mr. TREMAIN. I supposed striking out the liquor clause might 

induce some of my friends on the other side to vote for the bill. 

1\fr. ELDREDGE. But it would ·induce as many on the gentleman's side to vote against it, and therefore nothing would be gained 

by the gentleman's proposition. 

Tho Ulerk concluded the reading of the bill. 

1\fr. COX. I appeal to my honorable colleague [1\fr. TREMA-rn] to 

allow some debate on this bill. When the bill was before the House 

the other day--

1\fr. TREMAIN. I have no power to allow debate. The rule-s of 

the House regulate that. 

Mr. COX. This bill requires debate; and I hope it will not be 

pressed through in this way. 

1\fr. TRElriAlN. It is a very simple bill; it does not require any 

debate. 

1\fr. COX. It is a complicated, multifarious bill; and it is a very 

bad bill. 

Mr. TREMAIN. It is a very simple bill. It merely provides for an hone t an'd fair election. That is a-lL 

1\fr. ELDREDGE. It provides for no s~oh thing a..<! an honest and 

fair election. It provides for the destruction of the States, and 

placing them utterly in the control of Federal power. It takes away all Sta.te ri<Yhts. 

Mr. HAYS. I object to debate. 

1\fr. BECK. I move to amend the titles so as to read--

The SPEAKER. No debate or am~ndment is in order. 

Mr. COX. Will my colleague [Mr. TRE:\:lAIN] hear an amendment Y 

The SPEAKER. Debate is objected to. 

The question being on seconding the motion to suspend the rules, 

tellers were ordered; and Mr. TREMAL."'i and Mr. Cox were appointed. · 

The House divided; and the tellers reported-ayes 116, noes 78. 

So the motion was seconded. 

The question recuning on agreeing to the motion to suspend the 

rules, 

:Mr. ELDREDGE called for tile yeas aml nays. The yen,s anu nays were uruerctl! 

The queRtion was taken; and there were-yeas 147, nays 102, not 

voting 40 ; as follows: 

YEAS-Me srs. Albert, .Albri~ht, Averill, Barber, :Barrera, :Barry, Eegole, :Biery, Bradley, Buffinton, Bundy, Buneigh Burrows, Benjamin F. Butter, lli><lerick :R. 

Butler, Cain, Ca.~on, Cessna., Amo Clark, jr., Freeman Clarke, Clinton L. Uobb, 

Stephen A. Cobb, Coburn, Conger, Crocker, CrutchiioJ.d, Curtis, Darrall, Dawo , Dobbins, Duell, Dunnell, Field, Foster, l<'rye, Gix>cb, Hagans, Harmer, Benjamin \V. Harris, Harrison, Hathorn, Havens, Jobri B. Hawley, Hays, Gerry W. Hazel, 

ton, John W. Hazelton Hendee, E. Rockwood Hoar George F. Hoar, Hodges, 

Hooper, Hoskins, Houghton, Howe, Hurlbut, Hyde, Jivnes, Kelley, Lamport, Lan- sing, Lawrence, Lawson, Lewis, Lofland, Loughrid~!l· ~owe, Lowndes, Lynch, Mc- Crary, .Alexander S. McDill, James W. McDill, lUa.ClJouZlll. McKee, MerriamMonroe, Morey, Myers, Negley, Niles, Nunn, O'Neill, Orr, Orth, Packard, Packer, 

Page, Isaac C. PMker, Parsons, Pellia.m, Phillips, Pierce, Pike, James H. Pla.tt,jr., Thomas C. Platt, Pol.'lolld, Pratt, Rainey, Ransier, Rapier, Ray, Rice, Richmonrl, 

Ellis H. Roberts, James W. Robinson, Ross, Rusk, Henry E. Sayler Scofield, 

Henry J. Scudder, Isaac W. Scudder, Sessions, Shanks, Sheats, Sheldon, Sherwood, 

Sloan, Small, Smart, A. Herr Smith, Georae L. Smith, Snyder, Sprague, Starkweather, St. John, Stowell, Strait, Strn.wbrid'ge, Sypher, Charles R. Thoma , Christ-opher Y. Thomas, Thornburgh, Townsend, Tremain, Tyner, Waldron, Wallace, Marcus L. Ward, Wheel~~ Whi~ .~teley, George WilL1.rd, Charles G. Williams~ 

John M.S. Williams, Wiluam Willil1ms, Willla.m B. Willi3oD1S, James Wilson, ana Woodworth-147. 

NAYS-Messrs. Adams, Arthur, Ashe, Atkins, Banning, Beck, :Bell, Berry Blancl, 

Blount, Bowen, Bright, Bromberg, Brown, Buckner, Burchard, Caldwell, Cannon, 

John H. Gla.rk, jr., elements, Clymer, Comingo, Cook, Cox, Creamer, Crittendon, ·Crooke, Crossland, Crounse, Danford, Davis, Eames, Eden, Eldredge, Fort, Giddin~s, 

Glover, Gunokel, Gunter, Eugene Hale, Hamilton, Hancock Hem·y R. Harris, Jonn T. Ha.rris, Hatcher, Jo-KEJJ~nR. Hawley, Hereford, Herndon, Holman, HubbelL Hun- ton, Jewett, Kendall, · · ~~~ .;Knapp. Lamar, Lamison, Leach. Luttrell, Magee, Marshall, Martin, McLean, .M.iuiken, Mills, Moore, Morrison, Neal, Nesmith, Niblack, O'Brien, Hosea. W. Parker, Pendleton, Perry, Phelps, Potter, Read, "Rohbins, James C. Rollinson, John G. Schumaker, Sener, Slo s, J. Ambler Smith, John Q.. 

Smith, Southard, Speer,Sta.ndiford. Stone, Storm, Swann, Vance, Wells, \Vhitehea.tl, Whitehouse~, :VOitthorne\ Charles W. Willard, Willie, Ephraim lL Wilson, Wolfe, 

Wood, Wooutord, and Joun D. Youna-102. 

"OT VOTING- Messrs. Archer, ':barnum, Bass, Clayton, Corwin, Cotton, De Witt, Donnan, Durham, Elliott, Farwell, Freeman, GMfield, RobertS. Hale, Hersey, 

Hunter, Kasson, Kellogg, Maynard, McJunkin, Me_ ulta, Mitchell, Pnrman, Ran- dall, William R. Roberts, Sawyer, Milton ayler, Laza1-us D. Shoemaker~ H. BoMcl- man Smith, William A. Smith, Stanard, Stephens, Taylor, Todd, Wadaell, Walls, 

Jasper D. Ward, Wilber, Jeremiah M. Wilson, and Pierce M. B. Young-40. 

So (two-thirds not voting in the affirmative) the rules were not 

suspended, and the bill was not passed. Dming the roll-call, · 1\fr. DONNAN stated that he was paired with !lfr. RANDALL, o.f 

Pennsylvania, who if present would vote in the negative, while he 

himself would vote in the aJfirmative. 

!lfr. SAYLER, of Indiana, stated that his colleague, Mr HUNTER, wa absent on the business of the House. 

Mr. BECK stated .that his colleague, Mr. DURHAM:, was ab ent in 

New York on the business of the House with the sub-Committee on 

Banking and Currency. 

Mr. COOK stated that his colleague, Mr. YoUNG, was ab ent by appointment of the Speaker at West Point. 

1\fr. ALBRIGHT stateli that his colleague, :Mr. SHOEl\IAKER, WM 

absent on account of sickness. 

The vote was then announced as above recorded. 

CELEBRATION OF THE BOSTON TEA PARTY. 

The SPEAKER. There comes over from yesterday a motion to SUR· 

pend the rules and pass the following concurrent resolution moved by 

the gentleman from New York, [1\fr. PoTTER,] which the Clerk wiU 

rea<l. 

The Clerk read 3B follows : 

Resolved, (the Senate ctmcurring,) That the woman's centennial executive com. mittee of the city of Washington have leave to occupy the RotumlJ. of the Capitol, 

under the supervision of tlie "Commis ioner of Public Buildings and Grounds, upon 

the afternoon and evening of the 16th of December next, for the pnrpo e of celebrating the clestruction of te.'ll in the harbor of Boston on the night of the 16th of 

December, 1773. 

!lfr. POTTER. The gentleman from 1\fa.ssaohusetts, [Mr. G. F. 

HoAR,] who objected to the resolution yesterday, withdraws his objection, and asks ine to insert in the resolution these words : " In aid of 

the national centennial exhibition." I agree to it, as that really is 

the object of the resolution. 

The motion to suspend the rules was seconded. 

The rules were suspended, (two-thirds voting in favor thereof,) and 

the concmrent resolution was passed. 

BOZEl\IAN LAND DISTRICT IN THE TERRITORY OF 1\10 ITANA.. 

1\!T. MAGINNIS. I move to su pend the rules and pass the bill 

(H. R. No. 3740) to create the Bozeman land district in the Territm·y 

of Montana. 

Tho bill was read. 

The first section provides that all that portion of the Tenitory of 

Montana lyin~ east of the range line between ranges two and threo 

west of the prrncipal meridian and south of the first standard parallel 

north uf the base line of the public-land surveys of said Territory 

shall be constituted a separate land district, to be known as the 

Bozeman land district, the office of which shall be located at Bozeman, but may be changed from time to thne, by the direction of the 

President of the United States, as the interests of the public service 

may require. 

The second section provides that the President shall appoint, by 

and with the consent of the Senate, a register and a receivr>r of tho 

public moneys of the Uuited 'tates for saiu ilistrict; antl said oUl<· ·rti 

shall reside in the place where tho land office it> located, anu tlley shall 
• 

5114 CONGRESSIONAL EC RD~ J uNE 17, 

have the same powers and perform the same duties and rec~ive the same emoluments as are or may be prescribed by law in relation to 

land officers of the United States in other Territories. Mr. HOLMAN. Does this bill come from any committee 7 

:Ur. DUNNELL.. Yes; it is the unanimous report of the Committee on the Public Lands. 

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

INTERNATIONAL ARBITRATION. 

Mr. WOODFORD. I move to suspend the rules and pass the following concurrent resolution : 

Resolved by the SenBte and Hotu;~ o.f Representatives, That the President ·of the 

United States is hereby 2>uthorized aud requested to negotiate with all civilized 

powers who ma.y be willing to enter into ~uch. negotiation for th.e establishment of a.n mternational system where'!>y matters m. d1s:pute bet~een 11?-ffere~t governments a::,rreeing thereto may be adjusted by arb1tratwn, and if possible Without recourse 

tOW¥· 

Mr. KELLOGG. I think w~ had better first decide t he Geneva 

award matter. 

The motion to suspend the rnles was seconded. The rnles were suspended, (two-thirds voting in favor thereof,) 

3,nd the concurrent resolution was passed. 

SHIP ALHAMBRA. 

lli. HOOPER. In behalf of the Committee on Commerce I move to suspend the rules and pass a bill (H. R. 'No. 3741) to authorize the 

issue of an American register to the ship Alhambra. 

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

Treasury to issue an American register to the British ship Alhambra, 

built in Boston, in the State of Massachusetts, in 1859. The motion to suspend the rules was seconded. The rules were suspended, (two-thirds voting in favor thereof,) and 

the bill was passed. 

BRIDGE OVER WILLAMETTE RIVER, OREGON. 

Mr. CONGER. In behalf of the Committee on Commerce I move to suspend the rules· and pass the bill (S. No. 482) to authorize the 

construction of a bridge over the Willamette River at Salem, in the 

State of Oregon. The bill was read. The first section provides that it shall be lawful for the cotmty 

commissioners of the county of Marion, in the State of Oregon, or for the said commissioners jointly with the county commissioners of 

the county of Polk, in said State, to build a bridge across the Willa- matte River at the city of Salem, in said county of Marion, at a point 

to be selected and determi•1ed by the said board of commissioners of 

Marion County, or by said board j ointly with the board of commis- sioners of Polk County aforesaid ; provided that there shall be 

placed in said bridge a draw of not less than. two hundred feet in 

width, with a center abutment not to exceed forty feet wide, and ten 

feet above the water-line, leaving a passage on each side of the abutment of not less than eighty feet in width, and so constructed as· not 

to impede the navigation of said river and allow the easy passage of 

vessels through said bridge. The second section provides that the right to alter or amend this 

act so as to prevent or remove all material obstructions to the navigation of said river by the construction of said bridge is hereby ex- pressly reserved, but any change needful to that end shall be made v.t the expense of the countie& in· which such bridge shall be located. The motion to suspend the rules was seconded. The rules were suspended, (two-thirds voting in favor thereof,) and 

t he bill was passed. 

TITLE TO LANDS IN ARIZ ON A. 

.Mr. CLYMER. I move that the rules be suspended, and that the 

Committee on the Public Lands be discharged from th.e further con- sideration of the bill (H. R. No. 35 4) to grant title to certain lanclsin 

the Territory of ATizona, and that the same be passed. The bill was read. The preamble reeites that certain lands in Santa Cruz Valley, county 

of Pima, and Territory of Arizona, have for many years been occupied 

aud posses ed by persons of Mexican birth, who became citizens of 

the United State under the treat.y of Guv.dalupe Hidalgo and the 

Gv.dsden trea.ty; and that said persons desire to secure patent for 

said lands in the small and ir-regular tracts in which they were originally taken up under Mexican authority, and have been held and cul- tivated to the present time, and they cannot do so under the existing 

land laws of the United States. The bill therefore provides that 3ll the right and t itle of the United 

States to the land embraced in sections 2, 11, and 14, and the east half 

of sections 3, 10, 3.nd 15,of township 14 south, r ange 13 east, Gila and 

Salt River meridian, in the county of Pima, Territory of Arizona, be, 

and the same are thereby, relinquished 3.nd granted to the person or persons who have been in the actual bona fide occupancy or possession of said land, by themselves or their ancestors, for twenty yea.rs next preceding the date of the passage of the Mt; and it shall be the 

duty of the register and the receiver of the United States land-office 

for t he district in which said l and lies, to hear and determine, subject to the approval of the Commissioner of the General Land Office, 

the rights of the parties claiming under the act; and for that pm·-

pose the said register and the said receiver shall have power to sum.-

mon witnesses, administer oaths, and take testimony relative to such 

occupancy or posse sion, provided that no claim as aforesaid shall be 

of any validity under the act unless it shall have been duly filed with 

the said register and the said receiver within one year after the passage of the act; and provided further, that the grant shall not extend. 

to any !e ervatio~ of. the TTnit~d States~ nor pr{\judice any valid ::ttlverse nght or claun, if such eXISt, to Said land, or any part thereof nor preclude a judicial examination and adjustment thereof. ' 

The second section provides that whenever it shall have been determined l;>Y ~he said register and the· said receiver, or on appeal by 

the Commissioner of the General Land Office or Secretary of the Interior, that any tract has been occupied as aforesaid, it shall be the 

duty Of the surveyor-general for said TerritorytJO cause the said claims 

to be surveyed in accordance with the lines of such occupancy, and 

to fur~tish ~pproved plats of the same, upon the receipt and approval 

of which sa1d p1'1ts, and the field notes thereof by the Commissioner of 

the General Land Office, patents shall issue a~ in other cases. The third section provides that any part or parts of said designated 

lands that are not shown, to the satisfaction of the Commis ioner of 

the General Land _0ffice, to have been so occupied for twenty years, 

shall be held_by him as open to s~ttlement under the provisions of 

the pr~mpt10n or homestead laws of the United States, and patents 

may be ISsued therefor for any number of acres not exceeding one hundred and sixty that parties complying with said legal provisions 

may desire to hold, provided that all exi ting occupants who have 

settled on said lands for a period of less than twenty years shall have 

the prior right to acquire the same under the pre-emption or home- stead htws of the United States. ' 

Mr. CLYMER. l ask unanimous consent, before the vote is taken, 

to p~rfect the bill by adding after the ~or9- "ancestors," in line 10, . section 1, the words "or grantors;" and m line 10, section 3, after the 

word "lands," by striking out "for" and inserting "within." 

The SPEAKER. If there be no objection, those amendments will 

be made. There was no objection. · 

Mr. HOLMAN. Will the gentleman permit a motion to strike out 

in the last line of the bill the words ':pre-emption or'" I hope there 

will be some explanation of the necessH.y for this hill. 

l\1r. CL Y.MER. If the House will bear with me for a moment I will expla~ the object of the bill. At the making of the treaty of Guadalupe Hida.lgo and the Gadsden treaty there was in this valley of Ari- zona a little settlement around the village of Tucson, composed of 

persons of Mexican and Spanish birth, who for nearly a hundred yea.rs 

had occupied small and irregnlar strips of land of from three to fifty acres in extent and marked off by no regular metes and bounds, ancl 

they and their descendants have lived there ever since. Their titles 

originally accrued to them under the orders of Mexican military 

officers, and since our occupation of the country these people have no evidence of title save that arising from occupancy. It is a subject of 

great disquietude to them that they' cannot point to any authority 

under which t_hey hold these lands. It was therefore thought p roper 

by the Committee on the Public Lands, after careful examination, that this bill should be passed. The whole quantity of the lands 

embraced in· this bill does not amount to more than three or four sec- tions, and the claims do not cover the whole of the sections specified. The Committee on the Public Lands were unanimous in their approval of the bill. 

'Mr. l\!cCORl\1ICK. Mr. Speaker, theorignal dran~htofthisbill was prepared in Arizona and handed me at a mass meetmg of the citizens 

at the capital. I wa-s earnestly requested to urge its passage by Congress as an act of simple justice. 

It is intended to give title to about four sections of land which for 

long years have been in possession of persons of Mexican birth. Un- der the treaty of Guadalupe Hidalgo and the Gadsden treaty, these 

persons, or their descendants, became citizens of the United States, 

and they are good citizens, of the class described in the recent able 

speech _of the gentleman from New Mexico [1\fr. ELKINS] as "loyal, 

la.w-alnding, peaceable, well-disposed, and wedded to our institutions." . The lands in question were originally ~aken up in small and irregnlar tracts under permits from the 1exican authorities, and have been 

steadily held and cultivated by these people, who are anxious to have 

Government title to them in the precise form in which they have been 

occupied, and in no other. In some instances the tmcts embrace not more than five acres- no ti·act I think embraces over fifty acres-- and as it was understood by the Mexican population of Arizona, then a part of New Mexico, that they should have a full and complete title 

to their lands, as held prior to the makin~ of the treaties referred to, 

I trust the rea-sonable propositions of· th1s bill will be agreed to by 

the House. 

The bill as it is now bas the unanimous approval of the Committee on the Public Lands and also the approval of the Commis ioner 

of the General Land Office, as shown in the letter I send to the Clerk's 

desk. 

The lfltter is as follows : 

DEPARTMRNT OF THE L'I'TERIOR, G&"''ERA.L LAND OFFICE, 

Washington, D. 0., June 4, 1874. 

Sm: I have ba.d the honor to receive from ou a copy of Houso bill No. 3584, 

entitled 'A bill to grant, title to cer ~lin lands m the TenitOI',V of Ari.zonn," ami in r ply I have to say U.ta.t aiter a oamful exalllillation it appears to !Je ~;uoh a bill as 
1874. CONGRESSIONAL RECORD. 5115 

will, without injury to the United States, satisfactorily protect a class of claimants 

entitled to r elief, and it is therefore approved by this office. 

Very respectfully, your obedient servant, . 

Hon. R. C. McCORMICK, 

House of Representatives. 

S. 8. BURDETT, 

Commissioner. 

Mr. HOL fAN. Does the gentleman from Pennsylvania [Mr. CLY1\lER] agree to the words "pre-emption or" being stricken outf · M.r. CLYMER. I agree to that. 

The motion to suspend the rules wa-s agreed to, and the rules were suspended (two-thirds voting therefor) aud the hill passed. 

NELSON GREEN. 

1\fr. DANFORD. I move that the rules be suspended, and that the 

Committee on the Post-Office and Post-Roads be discharged from the 

further consideration of the bill (H. R. No. 3611) for the relief of 

Nelson Green, and that the same be passed. 

The bill, which was read, authorizes and directs the PostmasterGeneral to release Nelson Green, of Bay City, Michigan, a mail con- tractor on mail-routes numbered 24366, being from Granton to .Au 

Sable, and 24357, from .Alpena to Au Sable, in said State of Michigan, 

from the performance of said service. - The motion to suspend the rules was seconded. 

The rules were suspended (two-thirds voting in favor thereof) and 

the bill was passed. 

RESTORATION OF LANDS TO HOMESTEXD ENTRY. 

Mr. BRADLEY. I move that the rules be suspended, and that the 

Committee on the Public Lands be discharged from t he furt her con- sideration of the bill (S. No. 420) to amend the act entit led "An act 

for the restomtion to homestead entry and to market of certain lands 

in Michigan," approved June 10, 187i, and for other purposes, and 

that the same be passed with an amendment. 

The bill, which was read, so amends 1he act approved June 10, 

1872, entitled "An act for the restoration to market of certain lands 

in Michigan," as to authorize the Secretary of the Interior to cause patents to be issued to three hundred and twentymembersof the Ot ... tawa and Chippewa Indians of Michigan, for the selections found to 

have been made by them, but which were not, prior to the passage 

of said a-ct, regularly reported and recognized by the Secretary of 

the Interior and Commissioner of Indian Affairs; and the remainder 

of said lands not disposed of, and not valuable mainly for pine tim- _ber, shall be subject to entry under the homestea-d laws, for one year 

from the passa~.e of t-he act; and the lands remaining thereafter un- dispo ed of shall be restored to market. 

The bill in its second. section provides that all Indians who have 

settled upon and made improvements on section 10, in township 47 

north, of range 2 east, and section 4, in township 47 nort.h, of range 

3 west, Michigan, shall be permitted .to enter not exceeding eight y acres each, at the minimum price of land, upon making proof of such . settlement and improvement before the register of the land office at 

Marquette, Michigan; and when said entries shall ·have been com- pleted in accordance herewith, the roinn.ining lands embra-ced within 

the limits of said sections shall be restored to ma,rket. 

The bill in its third section provides that all a-ctual, permanent, 

bon-a fide settlers on any ·of the lands reserved for Indian purposes under the treaty with the Ottawa and Chippewa Indians of Michio-an 

of July 31, 1855, shall be entitled to enter not exceeding one hunfu.ed 

and sixty acres of land, either under the homestead laws or to pay 

the minimum price of land, on making proof of his or her settlement 

and continued residence before the expiration of ninety days from 

the passage of the act; provided that such settlers do not claim any 

of the la.nds heretofore patented to Indians, or in conflict with the 

selections found to have been made by Indians referred to in the first 

section of the a-ct, and shall have settled upon said lands prior to tho 

1st day of January, 1874. · 

Mr. BRADLEY. The amendment which is incJuded in my motion 

is a follows: 

At the end of section 1 strike ont the words " restor ed to market " and insert the words "offered" for sale at a. price not less th:m $2.50 per acre. " 

Mr. CLYMER. I desire also to offer an amendment. 

Mr. BRADLEY. My colleague on the committee, the gentleman 

from Pennsylvania, [Mr. CLYMER,] desires to submit an amendment. 

I have agreed to yield to him that the matter may be considered in 

the House, after an explanation on each side. I ask unanimous con- sent that a few minutes be granted to explain the nature of the bill 

and the amendment-five minutes on each side. . fr. BECK. What is the motion now pending f 

The SPEAKER. It is that the rules be suspend.ad and that this 

Sen:>.te bill pa s with an amendment. 

.Mr. BECK. Will the gentleman not consent to chano-e his motion 

to a suspension of the rules, so as to bring the bill befo~e the House 

for consideration f If that is done he can then explain it. 

Mr. BRADLEY. I am willing to modify the motion in that way. 

The SPEAKER. At two o~clock the House, in pursuance of no- tice given yesterday, will proceed to consider the report of the Joint 

Sele<.:t Committee of Investigation into the Aii'airs of the District of 

Columbia. 

Mr. CLYMER. I do not think this bill will occupy the Houso for 

more than a few moments. The matter is a simple one, and can be 

easily understood. 

The motion to suspend the ru1es was seconded. 

Upon suspending the rules so as to b1ing the bill before the House 

for consideration t-ellers were ordered; and Mr. BRADLEY and :Mr. 

CLYMER were appointed. 

The House divided; and the tellers reported- ayes 71, noes 73; no quornm voting. 

The SPEAKER. Nothing is in order but a call of the House or a motion to adjourn. 

Mr. HOL~IAN. I move that the House do now adjourn, and I call 

for the yeas and nays on that motion. 

The yeas and nays were not ordered, only 12members voting ther e- for. · 

The question was put, and the motion to adjourn was not agreed to. Mr. HOL.MAN. I move that there be a call of the House. The question was put, and on a division there wer~ayes 35, noes 92; no quornm voting. 

The SPEAKER. The Chair will not entertain any business wh at- ever until a quorum is present. 

1\-fr. HOUIAN. I ask for tellers on my motion for a call of the 

House. 

Tellers were ordered; and 1\.Jr. ScoFIELD and :l'tfr. HouuN were appointed. 

The House divided; and the tellers reported- ayes 47, noes 108. 

So the motion for a call of the Honse wa-s not agreed to. 

Mr. BRADLEY. I withdraw the demand for a further count on my motion to suspend the rules. 

So (two thirds not having voted in favor thereof) the rules were not suspended. 

ARKANSAS VALLEY RAILWAY COMPANY. 

Mr. WELLS. I move that the rules be suspended so a..s to put upon 

its passage the bill (H. R. No. 2884) granting the right of way through 

t he public lands to the Arkansas Valley Railway Company. I will state that this bill is recommended by the Committee on the 

Pacific Railroad and also by the Committee on the Public Lands. 

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

lands to the AJ:kansas Valley Railway Company, a corporation duly 

created under the laws of the Territory of Colorado, its successors and assigns, for a railroad and telegraph line~ ·now pa,rtially com- pleted and in operation from a point on the line of the Kansa.s Pacific 

Rail way at Kit Carson; thence southward to West Las Anima-s; 

thence westward along or near the Arkansa-s River to Pueblo, a dis- tance of about one hundred and fifty miles, and within said Territory 

of Colorado. Said right of way is granted to said railway company 

to the extent of one hundred feet in width on each side of said railroad where it may pa.ss through the public domain and militiD·y res- ervation at Fort Lyon, including grounds for station buildings, work- shops,depots,macbine-shops, switches, side-tracks, turn-tables, cattle- yards, and water-stations, to the amount not exceeding ten acres, not 

mineral lands, for each station, and for not more than one station in 

every ten miles; together with the right to take from the public 

lands while belongiug to the United States, adjacent to said right of 

way, stone, timber, earth, and other material necessary for the con- struction, maintenance, and repair of its railway and telegraph. It 

provides that within six months from the passage of this act the said 

Arkansas Valley Railway Company shall file with the Secretary of 

the Interior a m::tp, to be approved by him, exhibiting the line of the 

raill·oad of said company as the same has been located; that the right 

of way across the military reservation at Fort Lyon, and the depot 

grounds thereon, shall be located and set aside under the direction 

of the Secretary of 'Var; and that this grant of the right of way 

shall not prevent any railroad company from crossing said Arkansas 

Valley Railway Company at grade. 

Mr. KASSON. I suggest to the gentleman from Missouri that the 

word "timber" ought to be stricken out. Mi·. WELLS. I have no objection to that, and will modify the bill 

in that way. · 

Mr. HOLMAN. It seems to me that the words "other material 

necessary for the construction and maintenance and repair of its railway and telegraph" should be stricken out. There is no limit as to 

the time within which they may take the material. It would be a perpetual franchise· granted to the corporation to use timber and other ma.terials. . 

:l'tfr. WELLS. There is no material used excepting the soil which 

they build the track over. I a.sk that a letter of the Secretary of War, ~hich will explain this bill, may be rea-d. Mr. KASSON. I want my amendment fu. The SPEAKER. The Chair understands tha.t the gentleman from 

Missouri has modified the bill by striking out the word "timber." 

Mr. HOLMAN. I trust some explanation of the bill will be made. 

Mr. WELLS. The letter of the Secretary of War will explain it . The Clerk read the letter, as follows : 

WAR DEPARTMENT, F~bruary 28, 1874. 

The Secretary of War has the honor to r eport to the House of Representatives, for the information of the sub-Committee on the Pa-cific Railroad, in r eply to letter of the chairman of said committee of the 26th instant, that, so far as this D epart- ment is informed, t here is no objection to the passage of the second section of House bill No. 75:1, :antin g t-he right of wn:v over t he Fort L yon military r eservation, Colorado Terr1tory, to the Arkau as Valley Railway Compa ny, provided it is re-
5116 ONGRESSIONA~ RECORD. JUNE 17, 

stricted to the width stated in the first section of said bill, and that the additional 

ground granted for depot and other railway purposes shall. not exceed t.en acres. In this connection it is proper to add that 1t is undtarstood tlmt the Arkansa Val. 

) t)y Railway Company is identical with the Kansas Pacitic Railway Company, which 

la.tter company has already received permission to lay its mils across the said re. sorve, with condition that the rails must be removed and track abandoned if right of way is not given at the present session of Congress. WM. W. BELKNAP, 

Secretary of War. 

1\Ir. WELLS. This bill has been before the Committee on the Public Lands, and they have unanimously recommended its passage and so have the Committee on the P ..wific Railroad. 

The motion to suspend the rules was seconded . The question was then taken, and (two-thirds voting in favor thereof) the rnles were suspended and the bill was passed. · 

CRUELTY TO A....""'TMALS. 

lli. LAMPORT. I a8k unanimous consent to report from the Committee on Agriculture the bill (H. R. No. 2650) to amend the act en- titled "An act to prevent cruelty to animaJs while in transit by mill'Oad or other means of transportation within the United States/' 

approved March 3, 1873. Mr. NEGLEY. I object. 

Mr. LAMPORT. I move that the rnles be suspended and the bill 

p sed. On seconding the motion to suspend the rules tellers were ordered; 

and Air. LAMPORT and Mr. NEGLEY were appointed. 

Mr. KASSON. I hope consent will be given to the gentleman from 

New York to explain the bill. Let him have five minutes. ]\fr. WILLARD, of Vermont. There is not time. It is nearly two 

o'clock now. Mr. SYPHER. This is too important a bill to be passed without 

consideration. The House divided; and the tellers reported ayes 37, noes not 

counted. 

So the motion to suspend the rules was not seconded. 

MESSAGE FROM THE SE..~ATE . 

A message from the Senate, by Mr. SYMPSON, one of their clerks, an- nounced that the Senate had agreed to the report of the committee 

<>f conference upon the bill (H. R. No. 2064) making appropriations 

.for the legislative, executive, and judicial expenses of the Govern- ment for tne year ending June 30, 1875, and for other purpo es. The message also announced that the Senate had agreed to the 

amendments of the House to the bill (S. No. 571) to authorize the 

Baltimore and Ohio r ailroad to construct a branch and to change the 

location of its roa-d within the District of Columbia, and for other 

purposes. 

The message further announced that the Senate had passed bills of 

the following titles, in which the concunence of the House was requested : A. bill (S. No. 954) prohibiting the publication of the revised statutes 

of the United States in the newspapers at the expense of the United 

States; 

A bill (S. No. 797) to amend an act in relation to the survey of cer- tain lands granted to the Northern Pacific Railroad Company; 

A bill (S. No. 382) for the relief of William L. Adams, late collector 

of customs at Astoria, Oregon; 

A bill ( S. No. 878) for the relief of Rosa Vertner Jeffreys; and 

A bill (S. No. 459) for the relief of William J. Patton. The message further announced that the Senate had passed House 

bills of the following titles, with amendments in which the concur- rence of the House was requested: 

A bill (H. R. No. 225) to amend an act entitled" An act to establish a western jnilici.&l district of North Carolina; '' · A bill (H. R. No. 29S8) to provide for the appointment of a commission of engineers to investigate and report a permanent plan for the 

reclamation of the alluvial ba-'Jin of the Mississippi River subject to 

inundation ; 

A bill (H. R. No. 3173) for the relief of James A. McCullah, iate 

collector of the first district of Missouri; and 

A bill (H. R. No. 2787) to provide for the sale of the present United 

States marine hospital and site, and the purchase of a new site and 

erection thereon of a new marine hospital in the city of Pittsburgh, 

P ennsylvania. 

The me age also announced that the Senate had passed without 

amendment House bills of the following titles : . A bill (H. R. No. 2450) to provide for the apportionment of the Territory of Wyoming for legislative purposes ; 

A bill (H. R. No. 2348) to change the name of the pleasure-yacht 

Planchette to that of Laxen ; 

A bill (H. R. No. 440) to amend the act entitled "An act transferring 

the control of certain territorial penitentiaries to the several Territories in which the s:J,me are located," approved January 24, 1873; 

A bill (H. R. No. 203) to create two additional land districts in the 

State of Kansas ; 

A bill (H. R. No. 3606) granting a pension to Mary E. Grosvenor; 

A bill (H. R. No. 2670) granting a pension to MaryS. Howe; 

A bill (H. R. No. 2671) granting a, pension to General A.. C. Voris; 

A bill (H. R. No. 3391) to change the name of the luig Sidi to ea. Waif; 

A. bill (H. R. No. 3539) to admit free of duty merchandise sunk for 

two years and afterward recovered; 

A bill (H. R. No. 2463) for the relief of JosephS. Read; 

A bill (H. R. No. 1507) to create an additional land district in the 

Territory of Colorado; and 

A bill (H. R. No. 3351) to ascertain the possessory rights of the Hudson's Bay Company and other British subjects within t.he limits which 

were the subject of the award ~f His MaJesty the Emperor of Germany, under the treaty of Washmgton of May 8, 1871, and for other 

purposes. 

PUBLICATION OF REVISED STATUTES. 

1\fr. POLAND. I ask nnanimous consent to take from the Speaker's 

table a bill which ha.a just come from the Senate prohibiting the publication of the revised statutes of the United States in the newspapers 

at the expense of the United Sta.tes. I will say in explanation of my 

request, arid in justification of the Committee on the Revision of the 

Laws, that the bill which we sent to the Senate contained just this 

provision. But they turned the whole thing into a n ew bill, adopted an entire substitute, and left out the most important part. I ask 

that the bill be no"JV taken up and passed. No objection was made, and the bill (S. No. 954) was taken from the 

Speaker's table, and read a first and second time. The bill provides that the revised statutes of the U uited Sta.tes and no part thereof shall be published in the newspapers at the expense 

of the United States. The bill wa read the third time, and passed. 

Mr. POLAND moved to reconsider the vote by which the bill was pa ed; and also moved that the motion to reconsider be laid on the 

table. 

GOVERNMENT OF THE DISTRICT. 

1\Ir. WILSON, of Indiana. In pursuance of previous notice I now report back with amendments, from the Select Committee to Inquire 

into the .Affairs. of the District of Columbia., a bill (H. R. No. 3680) for 

the government of the District of Columbia, and for other purpo es. The bill was read as follows : 

B e it enaded, d':c., That all provisions of law providing for an executive, for a secretary for the District, for a Legislative Assemblv, for a boarn of public works, 

and for a Deleg8te in Congress in the District of Columbia. are hereby r ep alod: 

Prov-ided, That this repeal shall not a.ffect the term of office of the present Delegato in Congres . SEc. 2. That the Pre ident of the United States, by and with the advice and con- sent of the Sem1te, is hereby authorized ro appoint a coiiliiliJ ion, consisting of three per ons, who shall, until otherwi e provided by law, exerci e all the power 

and authority now lawfully vested in the governor or board of public work of· said District, except as hereinafter limited; and shall be subject to all the restrictions and limitations now imposed by law on said governor or board i and shall 

have power to apply the taxes or other revenues of said District to the payment of 

the current expen es thereo~1 ro the upport of the public schools, the fire depart. Il!ent and the police, and to me payment of the debts of said District secured by a. 

pledge of the securities of said District or board of public works as collateral, and 

also to the payment of debts due to laborers and employlls of the Di trict and 

board of public works; and for that purpose shall take posses ion and supervision 

of all the offices, books, papers, records, moneys, credits, securities, assets, and accoont belonging or app rt..'loining to tho business or interests of the government of the District of Columbia and the board of public works, and exercise the power 

and authority aforesaid; but said commission, in the exercise of snch power or authority, shall make no contra{lt, nor incur any obligation other than such con. tracts and obligations a may be nece sary to the faithful administration of the 

valid laws enacted for the government of said Di!!trict, to the execution of existing legal oblig&.tions and contracts, and the protection or preservation of improvements 

ensting, or commenced and not completeu, at the time of the passa~e of this act. All ta.xe heretofore lawfully as ed and due or to become due shau be collected 

purnuaut to law, exc'ept as herein otherwise provided ; but said commi sioners 

shall have no power to anticipate taxes by a sale or hypothecation of any snch taxes, or evidence thereof: Provided, That nothing in this clause contained shall affect 

any fro-visions of law anthorizin~ or requiring a deposit of certificates of a seas- men with thesinking-funll commissioners of said District; and said commissioners are herehy authorized to abolish any office, to consolidate two or more offices, relluco 

the number of employes, remove from office, and make appointments to any office 

authorized by b.w ; and the COID4>ensation of all officers and employes, except teachers in the public chools and officers and employes in the fue department, 

shall be-reduced 20 per cent. per annum. Said commlssioners shall each, before 

entering npon the discharge of his duties, take an oath to snppor·t the Constitution 

of the Unitt>,d States and to faithfully discharge the duties rmpo ed upon him by 

1'tw; and shall each give bond in the penal sum of $50,000, to be approved by the 

Secretary of the Treasury, for the faithful discharge of the duties of his office; an<l 

shall each receive for his services a. compensataon at the rate of $5,000 per annum : Provided, That nothin~ in this act shall be construed to abate or in any wise interfere with any suit penuing in favor of or against the District of Columbia: And 

provided furthe-r, That in suits hereafter commenced against the District of Col- umbia.~ process may be served on any one of said commissioner , until otherwise 

proviacd by 1-\w. 

SEC. 3. That the President of tbe United States ball detail an officer of the En. 

gineer Corps of the Army of the United States. wbo shall, subject ro the general 

supemsion and direction of the said board of comllJi ·ioners, have the control anu charge of the work of repair aml improvement of all stre ts, avenues, alleys,. s W· 

ers, roads, and bridges of the Distlict of Columbia; aud he is hereby vestea with 

all th(,l power and authority of, and shall perform the duties horetofore devolv u 

npon, the chief engineer of the board of public works. He shall take possOl:l ion 

of, and pre erve and keep, all the instruments pertaining to said oftice1 and all the 

maps, ch'U'ts, surveys, books, record , and paper relating to said Distnct, or to any 

of the avenues tr 'ets, alloys, public Bpace , squares, lots and builtlings thereon, sewer , or any of them, as are now in or belonging to the office of said engine r of 

tho board of public works, and shall, in books provided for that purpo e, .Keep and 

preserve the record now required to be kept, and such a may be required by reg- ulations of sa.id board. H e may, with the advice and consent of said board ot com- missioners, appoint not more than two assistant engineers from civil life, who shall 

each receive a salary of 1,800 per annum, and shall be subject to his direction and 

controL Ho shall ro ivu no n.tl(litiunal com pan ation for such services. .And be 

ah.-.ll not l>o d mcd by re. on of an -tl1iug in this act contained to holdaciviloftice 

untler the laws of tho United States. .d.nd no sa1'lry or compensation s!Jall bo paid 
1874. CONGR.ESSIONAL RECORD. 5 l l7 

t.o tl1e surveyor of the District, or any of his subordinates, except such fees for 

special services as :tro alloweu by law. And the offices of a.~sistant sm·veyor and 

atlditional assism.nt ::~ruv yor of the District of Columbia ::t.re h ereby abolil!hetl. 

SEC. 4. That for the support of the government of the District of Columbia, and 

maintaining the credit thereof, for the fiscal year ending June 3l', 1875, there sl1all 

be levied upon all real estate in sa.id District, except that belonging to the United 

States and to the Di trict of Columbia, and that used -for elluca.tional and charitable pnrpo es, the following taxes, namely: Upon all such real estate in the city of \Vashington, th1:ee dollars on each one hundred dollars of the present assessed 

value thereof; ·upon all such real estate in the city of Georgetown, two dollars and 

fifty cents on each one hundred dollars of the present a sessed value thereof; and 

upon all such real estate in the District of Colmnbia. outside of the citie of Washington and Georgetown, two dolla-rs on each one htmdred dolla.rs of the present a ses ed value thereof; which aid taxes shall become due and payable on the 1st 

day of November, 1874, and, if not paid, shall be in arrears and delinquent from 

that date; aml shall, except as herein modified, be a-ssessed and collected as now provided by law for the essment and collection of ~neral taxes for the District 

of Colmnbia; and of the sums so collected, one-fourth thereof shall be applied, 

first, to reimburse the United States for its advances on account of inter~st. which 

shall bave been paicl ·by the Unitecl States on the funded debt of the District of 

Colmnbia and WashlnO'ton and Georgetown, due and payai>le July 1, 1874; and the 

remainder shall be use'd to pay deficiencies in the various funds for the fiscal year ending June 30, 1874. And all the remainder of said taxes not requirecl for the 

aforesaid purposes shall be distributed for the purposes and in the proportions 

provided by the act of the Legislative Assembly of the District of Columbia, 

approved June 26, 1873, entitled ''An act imposing taxes for the fiscal ~ear ending June 30, 1874," so far a said apportionment is not inconsistent with this act: Provided, That no evidence of debt issued by the Dil!trict of Columbia, or any branch 

thereof, or by the board of public works, shall in any manner be receivea in pay- ment for saitl taxes: And provided further, That no payment shall be made on account of the militia of said District, or for the purpo e of erecting a D{strict 

jail. Upon all payments of said taxes hereby imposed which shall be made in 

advance of the &'tid 1st dal of November, 1874, there shall be an abatement allowed 

of 1 per cent. per month for each and every month so paid in advance; and th.at 

upon all said taxes which !!hall be delinquent and unpaid on said 1st uay of 

November, there shall be added a penalty of 1 per cent. to the amount thereof, to be collected with such taxes; and a like penalty of 1 :r?er cent. upon the amount thereof shall be added on the first day of each succeeding month to all of 

said taxes as are then delinquent and unpaid, to be collected as aforesaid. It shall 

be tlle duty of the collector of taxes to prepare a complete list of all taxes and 

property upon which the same are asse&~ed in arrears on the 1st day of March 

next, and shall, within ten days thereafter, publish the same, with the notice of 

sale, in a newspaper published in said District, to be de ignated by said board of 

commissioners1 for the time and in the manner required by the provisions of the act of the Legislative As embly entitled "An act prescribing the duties of certain 

officers for the District of Columbia, and fixing their compensation," approved August23, 1 71. .And all the provisions of said act as to the sale of property and 

the collection of taxes in arrears are hereby made applicable to the taxes her by imposed and in aJ.Tears as aforesaid, excel_lt that the deed conveying the property so sold shall be executed by the said board of commissioners instead of the gov- ernor and the secretary. 

Sec. 5. That a joint select committee shall be appointed, consisting of two Sen- tors to be appointed by the Pr iding Officer of the Senate, and two members of 

the House, to be appointed by the S-reaker of the Honse of Representatives, who e duty it shall be to prepare a suita.bleframeof government for the District of Columbia and appropriate draughts of statutes to be enacted byCongre s for carrying the same into effect, and report the same to the two Houses, re pectively, on the first 

day of the next se ion thereof; and they shall also prepare and submit to Congr a tatementof the prop r proportion of the expenses of said govermnent, or any: branch thereof. including interest on its funded debt, which should be borne by said District and the United States, respectively, together with the reasons upon which their conclusions may be ba.~ ed; and in the discharge of the duty hereby imposed said committee is authorized to employ such assist..'l.Ilce as it may deem ad- visable, at an expense not to exceed the sum of 5,000; and s::t.id sum, or so much 

thereof as may be necessary, be, and the same is hereby, appropriated for that purpose. 

SEC. 6. That it shall be the duty of the First Comptroller of the Treasury and the 

Second Comptroller of the Treasury of the United States, who are hereby constituted 111 board of audit, to examine and audit for settlement all the unfunded or floating debt of the Di trict of Columbia and of the board of public works, .hereinafter· specified, namely: first, the debt evidenced by sewer certificates; econdly, the 

debt purporting to be evidenced and ascert:l>ined by certificates of the auditor of 

the board of puulic works; thirdly, the debt evidenced by the certificates of the 

auditor and th comptroller of the District of Colmnbia; fourthly, claims existing or hereafter created for which no evidence of indebt-edness bas been i ned, :tri ing out of contracts, written or oral, made by the board of public works; fifthly, claims, 

for which no evidence of iudebtedne s has been issued, arising out of contracts, 

written or oral, made by or on behalf of the District of Columbia j sixthly, all claims 

for private property taken by the board of public works from the avenues, streets, 

and alleys of the cities of Washington and Georgetown; and, seventhly, all unadjnsted claims for damaO'es that may have been presented to the board of public works, pursuant to an act of the Legislative Assembly of the District of Columbia, 

entitled "An act providing for the payment of damages sustained by reason of 

public" improvements or repa.irs," approved June 20, 1872, which last-named claims 

shall severally be examined and audited without regard to any examination heretofore made; and hall make a detailed and tabular statement of all claims presented, the persons or corporations owning the same, and the amount found to be due on account of each ; together with a t:tbular statement of the funded debt of the District of Colmnbia and of the cities of Washington and Georgetown of every kind 

:md character whatsoever, giving the date of issue, time of maturity, and the rake 

of interest. And it ball £ruther be the duty of said board to ascertain the amount of sewer tax or a sessment paid by any person, persons, or corporation, under the act of the Legislative As embly of said District, entitled "An actcreatinu drainaue 

ancl sewer~ge section -~the Cities of Washington and Georgetown, in the District 

of Colrunbm, and proVIdmg_ for the payment of the construction of sewers and drains 

therein by assessments anu issuing certificates therefor," approved the 26th dQ.y of 

June, 1873, and to prepare a tabulated statement thereof. Said board of audit shall 

also issue to each claimant a certificate, signed by each of said board and counter- signed by the comptroller of said District, stating the amount found to be due to each and on what account; and a register thereof shall be ke:pt by said board to be 

transmitted to Congres , and also by the comptroller of said D1strict; and said 'board 

of audit shall also ascertain and report to Congress, at the next session thereof the amount equitably charge~ble to tho street railroad companies on account of pa~O' along a.nd 'vithin the tracks of said companies, pursuant to the charters of sai<i 

companies or the a.ct.s of Co~~ess relating there. to, together with their reasons therefor. It shall further be me duty of said board of audit to examine into anrl 

audit all of the accounts {)f the anditilr and of the treasurer tof the board of public 

works, and of the auditor, the treasurer, the collector, and the compb·oller of the 

District of Columbia, from the date of the organization of said board and of the 

present government of said District; and for the purpo es hereinoeforo specified shall have the pow r to subprena witnesses, administer oaths and oxanune wit- ne ses unfler oath, and ~ball have full access to all of the reco'rds, books, papers, and vouchers of every kind whatsoever of the board of public works and of tho District of Columbia; and t() the end that said books and aecount.s may ue tl1oronghly examined, and the indebt-edness of said District, and of tho board of public work , and the state of the hooks and. accounts of each of the officers afore ·aid, may be 

accurately ascertained, shall employ one or morE> skillful and impartial account.aut.'3 

non-resident of the District of Columbia, and such other assistants as they may deem necessary, to make examination of said books, voucher , and papers, and discharge their other duties under this act, and shall procure inspection of such b:mkbooks and papers as may be necessary; and they are hereby authorized to pay for 

the services of such accountant or acoountar.ts and assist-ants such sums as 'they 

may deem proper. And said accountant or accountants shall take an oath to faithfulty discharge the duties impo ed by this act. Said board of audit shall give notice 

for the presentation of the claim hereinbefore specified in such manner as may be 

deemed necessary; and no cla1W. shall be amlited or allowed unless pre. ented within 

ninety days after the first publication of such notice. Each of the said officers con- stitutinu said board shall be paid the sum of ..!,000 for his services under this act, out of t~e funds of said District, in addition t() his present compeiL~tion. SEC. 7. That the sinkinu.fuud commi iouers of said District arc hereby contiiiued; 

and it shall be thedutyof saitlsinking-fund commis joners to cause boncls of the District of Columbia to be prepared, in sums of fifty and five hundred dollars, bearing date August 1, 1874, payable fifty years after date, bearin?: interest a.t the rate of 3.65 

per cent. per annum, payable selni-annually, to be igu&l by tho secretary of said 

inking-fund commissiOners and countersignecl by the comptroller of said District, 

and serued a-s the board may direct i whicli bonds shall be exempt from taxation by Federal, State, or municipal authonty, engraved and printed at the expense of the 

District of Columbia, and in form not inconsistent hor·ewith. And the faith of the 

United States is hereby pledged that the United States will, by proper proportionH.l 

appropriations a-s contemplated in this act, and by causing to be levied upon the 

property within said District such taxes as will provide the revenues necessary to pay the interest on said bonds as the same may become due anll payable, and create a. sinking fund for the payment of the principal thereof at maturity. Said 

bonds shall be numbered con ecutively, and regi. terecl in the office of the comptroller of said District, and shall also be reltistered in the office of the Register of 

the Treasury of the United States, for which last-named registration the Secretary of the Trea-sury shall make such provision as may be necessary. And said 

oommi sioners shall use all necessary means for the prevention of any unauthorized or fraudulent i sue of any of such bonds. And the said sinking-fund commission· ers are hereby a.ut.horized to exchange said bonds at par for like sums of any cla~s of indebtedness in the preceding section of this act named, inclndin"' sewer taxes or assessments paid, evidenced by certific'1tes of the auditing board p~vided for in this act. SEc. 1:!. That the authority conferred on the board of public works to issue additional certificates of indebtedness by section 4 of the act of the Ler,islative Assem- _bly, approved on the 29th day of May, 1 73, is hereby annulled. o property shall 1>6 advertised for sale or sofd for. the collection of any as e sment authorized by 

ihe L~¢slative Assembly by the act entitled "An act oreatin.&" drainage and sewer- age sections in the cities of ·washington and Georgetown, in tne District of Columbia, and providing for the payment of the construction of sewers and drains therein 

by assessments and issuing certificates therefor," approYed on the 26th day of 

June, 1873, until otherwise ordered by Congre s; and it shall be unlawful to issue 

any further certificates of indebtedness authorized by said :wt: SEc. 9. That no board or commission of which the governor is ea: ojficio a mem- ber (the board of public works excepted) shall be aoolisbed by this act. but the m~m_bers of the same, other than the governor, shall con titute such board or com- IDlBSIOn. 

SEC. 10. That the act of the Le~slativeA.ssembly of the District of Columbia, en- titled "An act to fund unsettled liabilities of the city of Washington, and provid- ing for the issuing of the bonds. and levying and collecting t.ues to pay the same " 

approved June 20, 1872, is hereby ratified 'llld approved; but none of the boncls 

authorized by sa.id act remaining unsold shall be negotiated or sold at less than par. 

The amendments reported from the committee were to section 6 of 

the bill, to mn,ke the latter portion of the section read us follows: 

To make ex:tmin.'ttion of said books, vouchers, and papers, ann discharge their 

other duties under this act-, and shall procure inspection of such bank books and 

papers as may be necessary; and they are hereby authorized to allow for tbe erv- lces of such accountant or accountant.~ and assistants such sums as they .may deem 

proper, which shall be paid by the board of commissioners out of the revenues of 

said District. And said accountant or accountants shall take an oath to faithfully discharge the duties imposed by this act. Said board of audit hall give notice for 

tbe presentation of tho claims h ereinbefore specified in such manner a ma>· be 

deemed neces a.ry; and no claim shall be audited or allowed unless presented Wlthin 

ninety days after the first publication of such notice. And ai<l board shall make full report of all their acts and proceedings to the Pre ident, to be by him trans- mitted to Congress the first day of the next session thereof, &o. 

'l'he amendments were agreed to. 

:Mr. WILSON, of Indiana. I now move to recommit the bill. 

Mr. MERRIAM. Will not the gentleman allow an amendment to 

be offered t 

:Mr. "\VILSON, of Indin,na. I regret to say that :( do not feel at 

liberty, under the circumstances, to allow any amendment to be 

offi red to the bill. 

:Mr. MERR~1. Will you n,llow the amendment to be read 7 

Mr. ·wiLSON, of Indiana. I would prefer not; at ]east not now. Mr. PARKER, of Mi souri. In section 4 of this bill it is~rovide1l 

t-hat " there shall be levied upon all real estate in said District, except 

that belonging to the United States :md to the District of Columbia, 

and that used for educationnJ and charitable purpo e , the following 

tn,xes." If the gentleman can give any good reason why personal 

property in this District should not be placed on the same basis as ren,l estate, then I will not propose to offer an n.mendment. But un- less that shn,ll be done, I shall certainly insist upon my right to offer an amendment to put personal property on the same basis with real 

estate. 

:Mr. MERRIAM. Thn,t is the proposition ~desired to offer. 

l\1r. SMALL. And so did I. 

Mr. WILSON, of lndi:mn,. A number of members hn,ve asked me iu 

regard to that matter. The committee hn.ve had the subject under 

consideration, and my colleague on the comnri ttee, the gentleman from 

New York, [:Mr. BASs,] will e:xpl:lln to the House, in a few minute , everything in connection with this question of taxation. Inasmuch as tha,t is a branch of this bill which bas been committed to his care, 

by the arrangement between ns, I shall leave him to answer the que - tion of the gentleman from :Missouri [Mr. PARKER] rather than to 

proceed to n,nswer it myself. 
'5118 CONGRESSIONAL RECORD. JuNE 17, 

Mr. PARKER, of Missouri. Allow my amendment to be proposed 

and the House to act upon it. 

Mr. MYERS. I understand the report recommends an appropriation for the laborers of the District. I would like to hear from the 

gentleman what is done in that regard. 

Mr. BECK. I desire to ask a question. 

Mr. WILSON, of Indiana. I hope I may be permitted to proceed 

without being plied with questions before I begin. I purpose, as briefly as I can, to call the attention of the House to the various provisions of this bill, with the exception of the one to which I have 

already alluded, relating to taxation. 

Mr. PARKER, of Missouri. I want to know if the motion to re- commit is pending, and cuts off all amendments. 

Mr. WILSON, of Iniliana. I made the motion to recommit for the 

purpose of cuttinO' off aU amendments. I do not desire to disguise 

my intention at all. I do not feel that under the circumstances I am · at liberty to aflow any amendment to be offered. 

Mr. FORT. I rise to a question of order. Must not this bill be 

:first considered in Committee of the WholeY If so, then what right 

baa the gentleman from Indiana [Mr. WILSON] to enter a motion to 

recommit to cut off all amendments 'I 

Mr. WILSON, of Indiana. If that. point of order is made and sus- tained by the Chair, then I must move a suspension of the rules to 

bring the bill before the House for consideration. 

Mr. FORT-. I insist upon the point of order. It is not a proper 

thing for a committee to bring in a bill and not allow any amendments. 

The SPRAKER p1·o tempm·e, (Mr. SAWYER.) The Cha,tr overrules 

the point of order. The Chair understands that this committee had 

the right to report this bill at any time for consideration in the 

House. 

1\lr. PARKER, of Missouri. The gentleman from In mana hone tly 

and candidly says that he entered the motion to recommit to cut off 

all amendments. It may not be necessary to offer any, and after the 

bi.ll has been discussed we may be entire_ly satisfied with it. But in 

what way, I will ask the Chair, can the bill be amended if it !iliall 

be deemed necessary 'I 

The SPEAKER p1'0 tempore, (Mr. PoTIER.) When the gentleman 

from Indiana shall have concluded his remarks or have yielded the 

floor, the question will come up on the motion to recommit, or, if 

that be withdrawn, upon such other motion as the gentleman may 

make. And it will be for the House to determine what action to 

take upon it. · 

1\lr. FORT. I made my point of order before the discussion began 

upon this bill. My point was, that under the rules the bill should go 

to the Committee of the Whole. I was answered by the 'Chair that 

there was some order relating to the· bill giving it certain special 

privileges. Now I demand to hear that order read, so that we may 

know exactly what it provides. 

The SPEAKER pro tempore. The Journal clerk will proceed to 

find the order. In the mean time the gentleman from Indiana [Mr. WILSON] is entitled to the floor. · Mr. FORT. Well, Mr. Speaker, I do not wish to yield the point I 

have made against this bill, that it should go to the Committee of the 

Whole, where there may be full opportunity for amendment and discussion. . The SPEAKER. The order will be found as soon a.s possible. In 

the mean time the gentleman from Iniliana [~ir. WILSON] will occupy 

the floor. 

1\fr. CHIPl\fAN. I desire to make a parliamentary inquiry. I do 

not quite understand from the Chair by what means any amendment w this bi.ll could be brought before the Honse in case the motion to 

recommit should be sustained. The amendments I wish to offer I hope 

to sustain by sound reasons. They go to the very existence of our District. 

The SPEAKER. If the motion to recommit should be sustained, 

of course the bill would not be before the House. The presumption 

is that in this case, as is usual in such cases, the gentleman from Indiana has interposed the motion to recommit in order to hold control 

of the bill against amendments. Should the previous question be 

called without withdrawing the motion to recommit, the question · would first be upon that motion; and that being negatived, the previous question would not exhaust itself until the engrossment and 

third reaili ng of the bill. 

Mr. BECK. I desire to ask the gentleman from Indiana whether 

he will allow, before the previous question is called, any discussion 

by gentlemen other than members of the;, committee Y 

Mr. WILSON, of Indiana. I have no desire at a.ll to prevent discussion upon this bill. If it is desired that it shall be discussed I am certainly willing to allow the utmost latitude in that respect. I say 

very frankly to the gentleman that the course I had O.esigned to pursue was, after I had made a statement as to the character of this bill 

:md the reasons that have influenced the committee in its preparation, to withdraw the motion to recommit, and then move th~ pre- vious question, leaving the matter within the control of the House. 

Mr. BECK. I only desire that there shall be an amendment of sec- lion 4, so as to reduce the proposed rate of taxation from 3 per cent. to 2 in the city of Washington; from 2t per cent. to It in Georgetown; and to fix 1 per cent. as the mte for the District outside of the 

cities of Washington and Georgetown. I would provide further 

thnt the United States should wait for its proportion of the mon y 

to be raised by taxation. It seems to me that the rate of taxation 

proposed in the bill would amount to a confiscation of the property 

of the residents here. I wish to get that amendment in if I can. 1\lr. WILSON, of Indiana. If t.he gentleman from Kentucky knew 

exactly the financial condition of this District he would find the committee haa not imposed a.ny more taxation than is absolutely neces- sary. 

Mr. BECK. I wish only to take one-sixth instead of one-fourth. 

Mr. FORT. 1\fy friend from Missouri wishes to amend the bill su as to make personal property taxable. There are railroad companiel'!. 

banks, and other corporations in this District which are not taxed nt 

all under this bill, while the personal property of my constituents is 

taxed in order to support this city. We want an opportunity to make 

amen<l.ment in that regard. If I have an opportunity I will move such an ~endmcnt. 

Mr. WILSON, of jndiana. I suppose the point of order is still 

pending. 

The SPEAKER. The Chair is holding it up, as the gentleman from 

Illinois demands that the order of the House shall be read. 

Mr. WILSON, of Iniliana. My time is not running, I suppose. . The SPEAKER. It is not. 

1\lr. LAMISON. I find by section 4 of this bill there are thrco 

rates of taxation fixed by it; that is, three dollars for the city of 

Washington, two and a half dollars for the city of Georgetown, aml 

two dollars for the county. I wish to direct the attention of the gentleman from Iniliana to this fact, so he may explain to the House why 

this discrimination should be made, and why there should not be 

adopted some uniform system of taxation. 

Mr. WILSON, of Indiana. I think my friend from New York [Mr. 

BAss] Will make that perfectly plain when he comes to discuss this 

bill. 

Mr. CHIPMAN. Will not the gentleman from Indiana allow my 

amendment to be read by the Clerk Y 

1\lr. WILSON, of Indiana. Not now. 

~ir. CIDPMA.N. This District government should not be dest1·oyed 

and the people given over bound hand and foot witJwut some chance 

of righting themselves. Will the gentleman from Iniliana allow my 

amendment to be read J My amendment relates to allowing th('l people to elect one of the commissioners, to reducing t.he tax as it now is, and to fix the iuterest at a rate to secure us· a par bond, and to 

make the laborers and enrployes preferred creditors in the payment of our liabilities. 

Mr. SPEER. Does uot this bill really release this Distric·t of Columbia from the bonds in which it now is' 

Mr. CHIPMAN: No; I understand it rivets the bonds, and I will 

show that to be true if I have an opportunity. . 

~ir. WILSON, of Indiana. The gentleman is entirely mistaken. 

Mr. CHIPMAN. No; gentlemen are mistaken, as I will show if I 

have an opportunity. 

Mr. O'NEILL; Does this not change the rate of interest on some ~~~~~ . . 

The SPEAKER. The Clerk will read from the Journal of May 1 . 

The Clerk read as follows : 

. On motion of Mr. JEREJilAH M. WILSON, of Indiana, by Uil!IJlimous· consent, 

orderedThat the joint select committee ordered to investigate the condition of affairs in 

the District of Columbia be allowed to report at any time for consideration in the 

House. 

The SPEAKER. This bill is properly before the House for con- sideration. 

1\lr. FORT. I only wish to say the gentleman from Indiana in 

good faith ought not to come in here under such an arrangement and 

insist upon this bill being considered without allowing any amendment 

to be offered to it. 

l\lr. WILSON, of Indiana. This is entirely within the control of 

the House. 

l\lr. FORT. It is not acting in good faith to the House. 

Mr. WILSON, of Indiana. It is acting in perfect good faith. 

1\lr. PARKER, of l\fis ouri. Does not thv.t resolution simply bring 

the bill before the House for consideration, and~ the gentleman ~rom · Indiana any right to enter a motion to recommit to cut off 

amendments 'I 

The SPEAKER. The rules leave the matter wholly and entirely 

within the co11trol of a majority of the House. If the gentleman 

from Indiana should demand the previous question and the Hou. e should refuse to second it the bill will then be open to amendment:, 

but amendments will be cut off, as a ma.tter of course, if the House 

should second the demand for the previous question. 

1\Ir. WILSON, of Indiana. After having explained the provisions of this bill I propose to withdraw the motion to recommit aud 

to demand the previous question. If the House thinks it is better 

the bill should be amended they can vote down the previous ques- tion. A.s a matter of cour e, the House has the entire control of the 

matter. I do not,wish to take any advantage .of any gentleman or do anything unfair in regarcl to this bill. 

Mr. FORT. This looks like it. 

1\fr. WILSON, of Indiana. I have no interest in the matter ex- cept to get a !Jill pas ed through the House which 'vill meet the ne- ce ities of the District of Columbia at this time. 
1874. CONGRESSIONAL RECORD. 5119 

Mr. FORT. I wish to make a. parliamentary inquiry. Will it be 

in order to move to suspend the rules in order to allow amendments 

to be in order to this bill Y 

The SPEAKER. That will require a two-third!; vote, wherea~ the 

gentleman can accomplish his purpose by a majority vote. 

.Mr. FORT. By voting down the previous question 

The SPEAKER. Certainly. The gentleman from Indiana has put 

himself at a disadvantage by moving to suspend the rules, which re- quires a two-thirds vote, whereas he can accomplish his purpo e by a majority vote. 

Mr. WILSON, of Indiana. If gentlemen will pnt their amendments in writing I will consent to have them read after I get through. 

Mr. FORT. Have them read now. Mr. WILSON, of Indiana. No; wait awhile. 

Mr. FORT. Let them be read now, so they may be considered by 

the House. 

Mr. WILSON, of Indiantt. The committee which has had in charge 

the investigu.tion of matters out of which this. bill hM arisen have 

given this whole subject their most careful attention. The whole 

matter is exceedingly complicated, and we have encountered great 

difficulties on every hand. We have considered, I think, all of the 

questions that have arisen, looking at them from every conceivable 

stand-point, or at any rate from every stand-point which occurred to 

us, and we have done on tbil subject the very best we could and have 

put it in the form of this bill. There is no member of this committee, 

I apprehend, who has auy interest whatever in passing a bill here 

which shall not meet the immediate and future wants of thi city and 

this District. And I may say that the committee are united in recom- mending the. pas age of this bill, and united also in regard to the matters which are discussed in the report submitted with the bill. 

It is not surprising t hat in a matter of thi kind, in an investigation 

which involved the taking of over twenty-five hundred pages of 

printed testimpny, there hould be found many que tions of fact with 

reference to which differences of opinion would ari e. There are such 

in this case, and a it was not possible to review the te timony and dis- cuss disputed points, and as the assertion of a conviction without such a review would be of little avail other perhaps tha.n to strengthen and 

intensify opinions already formed, the committee under the circumstances ~f this case regarded it as very important to pass this bill at 

this sesswn, and to avoid as far as possible the presentation of points 

in the report upon which an agreement could not be had, and which 

would only provoke discu sion and cause delay. · Now, as to the question whether in the expenditure of the millions 

of dollars of public money that have been expenued in the la t three 

years and the dispo ition of the millions of dollars of ecurities that 

have been disposed of in this District during the last three years in 

the loose, irregular, and unlawful manner in which the evidence and 

the report show that this has been done, whether or not under these 

circum tances any of tho e who participated in this bu iness appropriated any of these moneys fraudulently to their own use, whoever 

looks at tho ·evidence and the surrounding circumstances will form 

his own eonclusions, and time probably will test the accuracy of those 

conclusions, for-it is said that "time at 1. t makes all things even." 

But leaving all of the e questions entirely out of view, I will say 

that there is no difference of opinion among the committee as to the 

necessity for a change in the management of the affairs of this District. The law prohibited the creation of a debt exceeding 10,000,000. It prohibited the making of contracts except in pursuance of appropriations and until the appropriotions were made. That provision 

'vill be found in the thirty-seventh section of the organic act of this 

District under which the present District government is now being 

carried on. The board of public works submitted to the District 

Legislature a plan· of permanent improvements which was estimated 

to cost $6,538,397, including a system of sewers, and asked for an appropriation, which was granted to the extent of $4,000,000, and to 

rai e the money bond payable in twenty years were provided to be 

issued. But the Dis_trict Legislative Assembly incorporated in the 

bill making that appropriation of $4,000,000 a proviso that the board 

of public works should not enter into any contract to exceed the 

amount of the estimate that was submitted by the board to the Legis- lative Assembly, le s 20 percent. of the estimated cost. 

Now, here were three prohibitions upon this board of public works. 

In the :fir t place it wa provided that the debt of this District 

should not go beyond 10,000,000 ; in the econd place, Congress had 

provided by this thirty-seventh section of the organic act that con- tracts should be made only in pursuance of appropriations and not 

until appropriations had been made; then, in the third pla-ce, the 

District Legislature ha-d providedThat in no cn.so shall the said board enter into a contract for any work or im· 

provoment tho cost of which shall exceed the amount estimated therefor in its 

aforesaid plan, less 20 per cent. of said estimates. 

Now, Mr. Speaker, notwithstanding all thi , contracts were made 

12,000,000 at least in excess of the estimate to which they were limited, less 20 per cent., and cert-tinly three times the amount of the ap- propri~tions which had been made and which were available to the 

board as the basis upon which to make contracts. . Then, again, the Honse will remember, or at all event many gentle- men will remember, that on the 8th clay of Jan nary, 1873, an appropriation was made by Congress of $1;240,000, (and that appropriation, 

drawn from the Treasury three days after the appropriation was 

made, was all paid on debts within a week after it was o drawn.) 

Congress by that act prohibited the making of My contract which 

should be obligatory upon Congress until after the appropriation had 

been made. And yet when this Congress is about to convene a claim is presented for over $500,000 for work that had been done 

during la-st summer around the Government property in defiance of 

that provision of the law. Then again in .March, 1873, Congre s appropriated 75,000 for the purpo e of purchasing an intere. t in the 

City-hall building in this city, and incorporated in the law making 

the appropriation a provision that the money should only be used in the 

erection of District offices, and yet notwithstanding that prohibition 

placed upon them by Congress this money was also cliverted from the uses to which it had been a-ppropriated by Congres , and was used 

in the cmrent business of paying the debts of the board of public 

works. There are other matters of this kind to which I might refer, 

but I think it is unnecessary to elaborate this part of the subject 

in this connection. 

I have only referred to thee matters for the purpose of showing t.o the House that the law has been no restraint upon the e gentlemen 

who have been running t.he government of the District of Columbia 

for the last three years. The expenses have by the manner in which 

the government has been administered been most inordinate. I will 

give the House a single item. The matter of printing and engraving 

alone of the District of Columbia and of the board of public woTks 

ince the 1st of June, 1871, has amounted to over 220,000, and the 

other expenses of the District have been ou the same magnificent 

scale. The result of the e operations has been to create enormous burdens, a statement of which is made on page 13 of the report, which 

I will ask the Clerk to read. I have it read now for the purpose of 

showing the burdens that have been imposed upon this District during the last three years. The Clerk read as follows: 

From the best information attainable, the committee :find that the following is as nearly as can be stated the debt of the District which is in excess of the 10,000,000 

limitatiQJJ. fixed by act of Congress: 

Bills payable of the District of Columbia. . .... ---- -·-·-- __ ...... ----.. $410,000 00 Certificates known as auditor's. certificates, less amount of a sess- , menta authorized to be made .. .. ....... . . ........ . . ............ .... 2, 454, 526 55 

Contracts made for work and not completed, two-thirds of which must be paid by the District .. _.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 883, 332 00 

Amounting in the aggregate to····---.............. ~ . ..... ---··· 3, 747, 8.)1! 55 

This is an absolute debt against the District, after exhausting every avail bllle resource near or remote for its payment, unless a new tax for this purpose sha,ll be 

levied. It is a debt due and payable at the present. But this is not tho whole 

floating or unfunded liability re ting upon the people of this District. The total 

of obligations for whioh the board of public works and tho District are rea.lly liable, including such as is accurately ascertained and the remainder estimated, may 

be stated at $7,683, 756.89, m::~.de up of the following items: 

Certificates known as auditor's .. ..... -- --· ...... .... ............. --. $4, 900,886 57 

Contracts not yet completed, estimated .. ......... -._ .. ··--.......... 1, 32.'>, 000 00 

Damages to property, eRtimated ..... . . ..... --- -··. ..... . .. . . . . ... .. . 500, 000 00 Property taken from streets ... ......... .... --....................... 50, 000 00 District of Columbia debt to February 1, 1874 .••..•• _.............. 497, 870 32 

Bil.ls payable ................................... _ ....... ... . ~-....... 410,000 00 

Tota.L .................................. --~---··· ................ 7, 683,756 89 

The total burden upon the people of the District outside of the present funde1l 

debt is, however, much larger. To ascertain that burden approximately thero 

should be added to the foregoing : 

Certificates of indebtedness outstanding ... _._.......... . ..... . .. . .. . . . . 1, 450, 000 

Sewer certificates outstanding ............. . ........ -· .. . ..... ---- ...... 1, 030,000 

Present obligations of District not included in the above . .... . . . . . . . . . . . 850, 000 

or a total in addition of $3,330,000; which must be met by taxation in some form; or a total burden of 11,013,756.89 beyond that repro ent.ed by the funded debt., which is $9,902,251.18; makin~ a total burden upon the property of the District of 

$20,916,008.07. This does not rnclude t.ho sums required to carry on the ordinary 

functions of government after .July 1, 1874. 

1\lr. WILSON, of Indiana. Now, 1\fr. Speaker, the committee do 

not, as a ma~r of course, pretend to know th~t the e results are en- tirely accurate nor can they tell whether or not all of this indeuted- ness is indebtedness that hn.s been created in absolute good faith, and 

the reasons why that cannot be known are set forth or indicated on page 11 of the report. I will ask the Clerk to rea-d the passage I 

have marked. The Clerk read as follows: 

Pursuant to this authority, for no other seems to have been r elied upon, the vicepresident ultimately came to be, practically the board of public works, and exer- cised the powers of the bo:.\rd almost as absoiutely as though no one else had been as ociated with him. - During a considerable portion of the succeeding time, notwithstanding the most extensive operations were being carried on~ and expenditures were being made hy the million, there were no statea timeg for ooard \fieetings, and but comparo.tively 

few board meetings were in fact held, but entries were made in the record purport- ing to contain the proceeding of the board, which were, in fact, made up by 

the secret8.ry from letters and papers that came to the office and from directions 

made by the vice-president. Some of these were entries made of business tr:m. - acted by the vice-president at his private office, and afterward placed on the records as havin~ been bu inesstransactecl by the board. 

These minuteg wer.e rarely, if ever, read and approved. As an illustrr.tion of tl10 

manner in which this business was tran acted, reference is made to the testimony of Charles S . .Johnson, assistant secretary, (pa~es 2319-2328, inclusive.) 

THE TREASURER'S DEP ARTI:I:E.'\"T. 

The treasurer was made the sole custouian of all the moneys received and securi· 

ties issued: a.nd the sole disbursing officer of the same, without any check upon him 

whatsoever. He could draw his checks upou the public moneys in fa-vor of whom- soever and for any amount he chose, and on any account he might think proper, without any other member of the board or officer thereof having any knowledge o.t 
5120 CONGRESSIONAL RECORD. JUNE 17, 

it whatever. He ha.s kept no cash account, and the chooka he has issued do not cor- respond with the evenll amounts re}JOrted by him to have been paid; so that there 

is, a.s be himself concedes, no means of a.scertaining: whether hi account.s are correct, 

otber than by examining his books and papers in detail, which wonltlha.verequired more time than the committee could tlevote to it, besides requiring the services of a. skillful accountant.. From the organization of this board, June, 1871, to this time, 

t.he board has not examined these accounts. 

AUDITOR'S OFFICE. 

The mode of doing business in this office was as follows: Upon the presentation to the auditor of an account or estimate purporting to be approved by the boa.rd 

of public works, the auditor issued a certificate of indebtedness, and filed the 

approval, account, or estima.te as ills voucher for the i uance of the certificate. 

But no record or register of such auditing by the board wa kept by the board, and 

it would seem to have been common for a S~$le member to direct accounts to be 

audited in the name of the board; consequenuy there are no books that serve a a check upon the auditor, and by the comp!hlison of which with his own books itean 

be seen whether be has improperly issued certificates. The only way in which his 

books can be verifled is by comparing them with the many thousand vouchers on file in his office. 

Notwithstanding the powers of the auditor and of the treasurer, the board, during the three years it bas been in exist-ence, has done nothing in the way of verifymg the accounts of these two officers. This is a. negligence not to be excused in 

tho e in whom such important trnsts were confided. 

Whether moneys have been paid out on false accounts, or diverted to improper 

purposes, can only be determined from a careful scrutiny of the accounts in detail. 

In the bill reported by the committee provision is made for having the books and account.~ of these officers examined. 

Mr. WILSON, of Indiana. I have called the attention of the House 

to these matters for the purpose of showing the nece sity for making a change in tho aft'airs of the government of the District of Columbia. The evidence shows, I think, beyond all question that this iudebtednes is now more than .3,700,000 in excess of the 10,000,000 

after exhausting every available resource. The District is in a sense utterly bankrupt. I regret to say it, but they have no means wherewith to carry on the government any longer. Their treasury i utterly 

exhauste<l. They have no money with which to meet current ex- penses much le s to pay their debts. The employes of the District 

government have been unpaid now many of them for twelve months 

past, and since last November many of those who have beerr in the 

service of the District have been without any pay whatever. I need ' not take further time on this subject. It is proposed to change this 

government, and the committee therefore have recommended the first 

section of the bill, which it is not necessary that I should read as members have it before them and it has already been read at the 

Clerk's desk. And for the purpose of carrying on the government 

here ad i11terirn it is proposed that there shall be three commissioners 

appointed by the Presi<lent and confirmed by the Senate, and that 

they shall take charge of the affairs of the District and perform the 

duties now vested in the governor and the board of public works, 

except as limited in this sect.ion. There are limitations, it will be 

seen, placed on these commi ioners such as will, in the opinion of the 

committee, protect the people of the District from any further incurring of debts. 

Mr. NIBLACK. Will my colleague allow me to ask him a question Y 

Mr. WU...SON, of Indiana. C6,1.'tainly. 

Mr. NIBLACK. I understand from his statement that there have 

been many gross violations of law, as well as derelictions of duty, in 

regard to what has been done in this Distiict during the last three 

years. The question I desire to ask is whether the committee have 

recommended or intend recommending any censure or punishment of 

those officers who have thus violated the law and bankrupted the 

District f 

Mr. WILSON, of Indiana. I presume that that is not within the 

province of the committee. It is not the business of the committee 

to recommend the censure or punishment of any person who has been 

connected with the affairs of the District government. 

The second section of the bill provides for a temporary government. 

The bill then, in the third section, provides for the appointment of an engineer to take charge of the improvements in the city, so far as it 

may be necessary that they should be carried on, during the time 

when there is merely a government ad interirn. The fourth section of 

the bill i:; the taxing provision; I pass that over, as the gentleman 

from New York [Mr. BASS] will give it attention presently. The fifth 

section has reference to the creation of a permanent form of government. Now, I desire to say to thellouse that after the committee had 

closed the taking of testimony, we be~an to consider the question. as to what kind of government we · coula devise, and after considering 

that matter with a ~ood deal of care, we came to the conclusion that 

it wouhl be utterly unpossible, in the brief time that we had to devote 

to the subject before the clo e of the session, to devise such a framework of a government as ought to exist in the capital of the nation. 

There were many things that wonld have to be provided for; such, 

for instance, as a police for the District, a fire department, schools, 

and all the other minutire of the machinery nece sary to a complete 

municipal government. 

And inasmuch as it was perfectly apparent to the committee that 

tbero ought to be a cleaning up of the e matterS here, it was deemed 

best to make such provision if po ible as would enable the Congre s of the United States to furnish this District with a model municipal 

government. The whole thing is to be gone over; the committee had 

not the time to do it. Therefore we came to the conclusion that the 

best thing to be done was the appointment of joint committee of 

the two Houses. The rea on for that was that when the joint com- mittee, after having fully considered this whole subject, had prepared 

/ 

what they deemed a suitable frame-work of government, with the 

necessary Jaws for it execution, they could pr sent that hill for the considera~ion of Congress. In addition to that, it was the desire of 

the committee that the government which was to be framed hould 

not be regarded in any sense as political of partisan, that it should 

not be the creation of any party, so far as that could be avoided; 

therefore the committee provides in this section that this joint com- mitt-ee for the purpose of preparing a frame-work of government for 

this District shall con ist of two members of the Honse and two mem- bers of the Senate. 

There is another provision in this section to which I desire in thls 

connection to call the attention of the House. It is provided that this 

joint committee "shall also prepare and submit to Congress a statement of the proper proportion of the expenses of said government, or any branch thereof, including interet on its funded debt, which 

should ue borne by said District and the United ·states, re pectively, 

together with the reasons upon which their conclusions may be based." 

There is a subsequent provision to which several gentlemen have 

called my attention. There is a. very strong reason in my mind why 

this should be done. 

I have no dottbt the chairman of the Committee on Appropriations 

will bear me out in saying that it is almost impossible to avoid making improper appropriations for this District, where the accounts are bro~ht in from session to se sion for the purpose of gettina appropriations from Congress for the support of tho District. In January, 

1873, an account was presented to the Committee on Appropriations 

for over $1,240,000. Your committee have had that account under 

consideration, and the evidence shows that to say the very l a.st of 

it, to speak in the mildest possible way, the account was very inaccurately prepared. Then, a~ain, on the ~d of March, 1B73, by reason of claims that had been maae by this District government, appropriations were made aggregating upwards of 2,400,000 for the purpose 

of supporting this District. Now I can say, without u~ing any harsh 

words, that the testimony in this case has shown that the accounts were exceedinaly loose and inaccurate. And at the beginning of this 

Congress another bill was presented in the report of the board of 

public works for 1873 which I ask the Clerk to read. 

The Clerk read as follows: 

The indebtedness of the General Government to the District of ColnmlJia on account of improvements, as shown in the statement hereto appended, is as follows: 

ForworkinandaroundGovernmentreservationsandpublic buildings.. 573,171 75 

For work onavenues .........•.....•...•.....•.....••.•...•....•.••.. 1 056 574 36 

For main sewerage .•••••••. , ••.••.••.•.••••.••.••• _. • • • . . • • • • • • • • • • . 2: 540', 681 83 

4, 170,427 94 

Mr. WILSON, of Indiana. Now, without indulging in any criticisms with regard to the appropriations which have heretofore be n made, further than what I have already said, we find here that with a. view of getting an appropriation from this Congre s _accounts are presented aggregating over 4,370,000 for the avowed purpo of getting an appropriation from the Congre s of the United States. By 

this it wa~ expected to lift the burden of debt from the people of this 

District. It is claimed that the Government owes that amount of 

money. Now, as I aid a while ago, $570,000 of that amotmt is for 

work done in violation of the act of Congress. Then there is another 

account, a tabulated statement of which will be found in the report, 

of l,O:-l6,000. The testimony in t.his ca e shows that the account is 

wholly erroneous. Whether there is anything dne1 except it may be 

250,000, is wholly problematic. Nobodycan tell after looking at the 

testimony whether or not there is anything due. 

The third item of thls amount is_ for sewerage, 2,740,681.83. Thn.t 

is made up in this way; I wish to call the attention of the House to 

it, for the purpose of showing how these claims are made up and presented to Congress. There has been a ~:~ewerage act pas ed by this 

District; the main sewerage when com~leted will cot '2,435,855.23. 

This claim which is presented here is $304,000 more than the whole 

main sewerage of this city will cost when it is completed. By the 

sewerage law the city is divided into sewer di tricts, and a certain 

grade of assessments have been made per square foot of the property 

in the va.rious sewerage districts. Then the bo~:~>rd say that the Government has so many square feet of reservations in the Di trict, that 

there are so many square feet of ground in the avenues and street.s in the cit.ies, and the Government being the owner in fee-simple of a.ll 

the streets and avenues, if you aggregate the re ervatious an<l streets 

and avenues and tax them just as other property is taxed for sewer purposes, you will have $2,7 40,681.83; therefore they say the Government of the United States owes this District that amount of money on account of main sewers. That is the way that account is made up. 

I state these things for the purpose of showing that for the protection of Congress against improper charges on account o.f this District, there is an absolute necessity for fixing some p1·o mta amount, some fixed proportional share which shall be paid by Con~re for 

the support of this District; and hence we have embodied that 

recommenclation in a section of this bill. 

The sixth section is a provision for au auditing board for the purpose of ascertaining the actual state of the indebtedness of the District. This becomes necessary for several reasons. 1\ir. GARFIELD. Does the bill provide that the commissioners 

who are to be appointed shall fix the ratio of expense to be borne by 

the United States Government T 
1874. CONGRESSIONAL RECORD. 5121 

Mr. WILSO)l'", of Indiana. Not at aU. 

1\Ir. GARFIELD. There is certainly a most imperative necessity 

that we shoultl know at an early period exactly what part of the ex- penses of the District t he Government of the United States ought to 

bear. 

1\Ir. ·wiLSON, of Indiana. I am glad the gentleman has asked me that question~ This bill does not leave that matter to these commis- sioners or to the board who are to devise the new frame-work of government. It simply provides that they shall prepare and submit to 

Congress their ·views upon tha.t subject, giving their reasons; and 

then it will be for Congress ultimately to say what shall be t he proportion to be paid by the United States. We have guarded the bill 

in that respect; and I thank my friend for calling my attention to it. 

Mr. LAWRENCE. Then the proportion of expense to be borne by 

Congress is not determined by the bill 'I 

"1\lr. WILSON, of Indiana. No, sir; that is for Congress to determine 

hereafter. · 

Mr. LAWRENCE. Is there anything in tho bill which commits 

Congress to the indorsement or the payment of the District debt' 

1\'Ir. WILSON, of Indiana. No, sir; I will call attention to that 

point in a few moments. I think I can show that the committee has 

been careful about that. . The sixth section provides for an auditing board; and the purpose 

of that is to get a complete understanding and accurate information 

iu regard to the indebtedness of this District. It makes provision 

that the First and Second Comptrollers of the Treasury shall be an au- diting board, with power to employ the necessary assistants. Among 

other duties to be performed by this auditing board is the examination of the accounts of the auditor and treasurer of this board of public 

works. I have already had read from the desk that portion of the 

report rebting to these two officers. Nobody can tell anything about 

their accounts. They may be all right; I do not say that they are not; but I do say that no living man can tell anything about. them 

except_ by going t.hrough them in detail. Why, sir, the treasurer of 

this board. of public works could any day draw his own check upon 

the fLmds "of the board without anybody to molest him or make him 

afraid. And while these sewer certificates were worth not more than 

40 centS on the dollar, if there was any money in the treasury he 

could, if he had seen fit to do so, have purchased those certificates at 

this rate of discount with the funds of the District. There was nothing in the system under which business was done which would have • prevented him from doing that very thing. Mr. CHIP~I.AN. In order that the House may not be impressed 

with the idea that the board of public works is responsible for what 

the gentleman is now stating, I wish to call his attention to section 

37 of the organic act, by which Congress placed in the bands of the 

board of public works entire control over the funds appropriat~d for 

the city by the District of Columbia or by the United States. It was provided that "upon their wanant all money appropriated by the 

United States or the District of Columbia or collected from propertyholders," &c., should be disbursed. 

Mr. WILSON, of Indiana. Ah! Mr. Speaker, I wish I had time to 

go into this question; I would answer the gentleman to his entire 

satisfaction. If he will go back and trace in the Globe the history 

of that provision he will find that Congress never intended that this 

board should have any such power; be will find that my colleague on the other side procured a chan~e in the language of the law to the 

end that that thing should not De done. And I say here that this 

is one of the usurpations and unlawful acts of this board. I did not 

intend to say anything about it. 

Mr. CHIPMAN. I did not suppose the gentleman intended to 

make any false impression. 

Mr. WILSON, of Indiana. I do not. 

Mr. CHIPMAN. I only desired the House should know what the 

law is. 

Mr. WILSON, of Indiana. I say the law never intended any such 

thing. 

Mr. CHifMAN. I do not think it ought to have so intended: but 

it bas been so construed. · 

Mr. WILSON, of Indiana. I did not intend to say one word about 

that point, because there has been a controversy in regard to the con- struction of that provision. But if any one will look through the 

Globe and trace the history of .that measure he will find that it was not the intention that such power should be conferred upon this board. 

But suppose Congress had conferred such power, what was the duty 

of the board f It was to take the necessary precautions in regard to 

the disbursement of these millions of public money"passing through 

the hands of this officor. ·Why, sir, there went through his hands 

within three or four or five months of last year over $3,500,000 that was appropriated by Congress ; and there was no check upon him 

whatever in rerrard to the expendittue. 

Because of what the committee have discovered in their investigation in this case, because the treasurer of the board of public works 

has admitted before the committee that there was no check upon him .,.. whatever, the committee has felt it to be its duty to provide a means whereby the accounts of the treasurer and auditor (those of the for- mer footing up more than $15,000,000, and those of the latter more than 18,00u,OOO) shall be thoroughly investigated. 

Not only that, bnt I will say to the House further, you may take his 

reports and go through them from end to end, as my friend from New 

321 

York [Mr. Bass] sitting on my right and myself have done, and you will 

find, in the first place, that he kept no cash account, and if you ta.ke 

the stubs of Lis checks you will find they hardly ever correspond wit.h 

the amounts he has credited to himself in his reports. They scarcely ever correspond. So that there is no possible mode of knowing anything about it. 

Mr. COBUHN. What is the amount of variation T 

Mr. WILSON, of Indiana. You cannot tell a thing about it. I do 

not say they are wrong! but I say finding this condition of accounts 

the committee have put in the sixth section a provision whereby the 

accounts of these two officers shall be carefully and thoroughly over- hauled. 

.As I have already said, I do not say there is anything wrong, be- cause I do not know, and there is no mea.ns by which I can ascertain. 

We ha.ve provided in this bill that this board of audit shall employ two 

skillful accountants, non-residents of this District. If there is any possible way by which the country can know the true state of this <lase we propose by this bill to make it out. "1\lr. Speaker, here is a great 

variety of debts. Here is a class of debts called sewer-certificates. But let me ask the Chair how much time I have left 'r 

The SPEAKER. The gentleman has about sevent·een minutes of 

his hoar r emaini:Itg. 

Mr. WILSON, of Indiana. My time is so near out I will have to 

abbreviate. 

The bill provides also, as you will see for funding all the :floating 

debt-getting it in shape. Then it is provided in another section of 

the bill that the sinking-fund commissioners shall, when this debt 

has been audited -in the manner indicated by the bill, cause to be 

issued a bond bearing 3.65 per cent. interest, payable in fifty years, 

and that these various forms of indebtedness may be funded in that 

bond. 

Now the reason of fixing that amount of int-erest is simply this. 

The committee ascertain from the te timony that in malring some of 

these contracts, and especially some of these larger contracts, sewer contracts-in fixing the amount which should be paid for the con- struction of some of these works, an allowance had been made of 15 

per cent. for the depreciated pa.per in which the payments had been 

made. Taking that into consideration, the committee came t.o the 

conclusion, making the best calculation they could, a bond bearing 

3.65 per cent. running for fifty years would come as nev getting at 

what is right in this as is possible. It is provided in the bill th:1t 

these bonds shall not be taxable for State, county, or municipal pmposes. 

In reference to the question as to whether or not the Congress of 

the United States is pledge(l to the payment ef these bonds, I will 

call the attention of the Hous~ to that provision of the bill. Here it is: 

And the faith of the United States i.s hereby pled';':ed that the Unit-ed States 

will, by proper proportional appropriations as contemplated in this actYou will remember what I said about ascertaining the proportion 

the United States should payAnd the faith of the United States is hereby pledged that the United States will, 

by proper proportional appropriations as contemplated in this act, and by can mg to be levied upon the property within said District such t.axes as will provide the revenues necessary to pay the interest on said bonds as the same may become rlue 

and payable, and create a sinking fund for the payment of the principal thereof at maturity. 

That is the only pledge given in this bill. 

Mr. TOWNSEND. Let me ask the gentleman from Indiana a question. What does the word "will" in line 1G refer to 'r There is no connection I can see. Will do what f 

1tlr. WILSON, of Indiana. ''Will by proper proportional appropriations." 

Mr. TOWNSEND. What will it do f 

Mr. WILSON, of Indiana. They have two "wills." It is inaccurately printed in there. "As will provide the revenues necessary for 

the payment of the interest and principal thereof at maturity." There mav be a verbal omission. 

Mr. TOWNSEND. After the word "district," in line 19, some word 

should come in. 

:Mr. WILSON, of Indiana. There is an omission of a word. 

Mr. TOWNSEND. What is the word J 

Mr. FORT. Let me ask a question. 

Mr. TOWNSE::t-.T]). I suppose the word is "levy"-willlevy. 

Mr. WILSO:N, of Indiana. It should be" as will do so." There is an omission of the two words" do so." The pledge given is simply 

this: that the Government of the United States having ascertained 

through an act of Congress ·hereafter to be passed what will be the 

proper proportion, then the Congress of the United Stat-es pledges 

itself to pay that proportion, whatever it may be, an<l by causing taxes 

to be levied on the property of the District will provide the neces- sary means to pay the interest and principal at maturity. In that 

connection let me call the attention of the House to one other fact. 

Mr. FORT. Let me ask the gentleman a. question. On page 2, line 

14, there is a provision in reference to th~ payment of debts due the 

laborers and employes of the District and board of public works. Let me a-sk whether it would not be proper to make provision for the 

payment of these laborers 't 

Mr. WILSON, of Indiana. That is all provided for. 

The point to which I was going to call the attention of the Honse 

before I yield the :floor is this: I have been asked the question why 
5122 CONGRESSIONAL RECORD. JUNE 17, 

it is that ta.xes are imposed simply on real est:l.te. Gentlemen will see by looking at the bill that it does not provide that this principle of taxing only real estate in the District sha1l be continued. It says 

" that Congress will cnuse taxes to be levied on the property of the 

District ," not confining it to real estate; and this method of levyin~ 

t axes on real property is only tt. tempora.ry~xp dient for a special reason, which my friend from New York [Mr. BA s] will now explain 

to the House, I yield the balance of my time to that gentleman, who 

1 will withdraw the motion to recommit, a.ud submit a motion for the ·previous question. :Mr. BASS. At this late stage of the session it was rleomed best by 

the committee that only such gclner~l remarks should be made in ref- erence to this bill as would bring fnlly to the notice of the members 

of the House the provisions incorporated in it, and the particular 

evils proposed by it to be remedied. Those have been substantially 

explained by the chairman of the cqmmittee. And he stated at the 

outset of his 1-ema.rks that he desiretl that such questions as might 

bo put by the members of the House with reference to the taxation 

lovied or proposed to be leviett by the bill should be answered by 

myself. If the House will be patient I will endeavor in the briefest 

po sible way t.o explain as well as I can why the committee recommend m the first place that a tax of 3 per cent. be levied.f:tpon the property 

of the city of Washington, a tt\X of 2i per cent. on property in the 

city of Georgetown, and 2 per cent. on property in the county outside of Georgetown and Washington, for the purpose of maintaining 

the credit of the District during the ensuing fisca~ year, and why it waa in connection with that that the committee did not feel it was desira-ble to recommend in this bill that a tax should be lt}vied upon 

persona-l property. The committee recommend the levying of a tax 

at the rate of 3 per oent. for this reason : Last year the Legisla- ture of this District levied a tax of 2 per cent. on the property in 

the District, and 1.58 per cent. on the property outside the city in 

the county. The result of this was that the District Legislature did 

not provide adequate revenue to pay the current expenses of the 

year and meet their appropriations, and, aB is shown in the report of 

the committee, there will be a deficiency on the 1st day of July of 

this year, estimated in round numbers at not less ·thn.n $1,000,000. 

Some of tllat may be chargeable to the fact that tlle resident.s of the 

District have not paid their taxes which were levied in July, 1873, or rather which became collectible July 1, 1873. That general tax 

became by the terms of the law which passed t he Legislative Assembly of this District collectible on that day. Certain abatements were allowed provided taxes were paid in anticipation of the 1st day of 

July of this year. But under the provisions of ·that law the taxes 

having been levied for the purpose of paying the cuiTent expenses 

of the :fiscal year from July 1, 1873, to July 1, 1874, which included 

the compensation and wages of school-teachers, the pttyment of all 

the officers of the District government, the payment of the salaries 

of the members of the :fire department, the payment of the .salaries 

of the membm-s of the police department, the payment of every em- ploye of the government, from the lowest chimney-sweep to the heads 

of the Distnct departments, we find that the taxus have been collected so slowlythat there is now of the tax s then levied more than 

$1,000,000 uncollected, though due and collectible, and by r eason of 

that, or to a certain extent by reason of that, this large deficiency is accruing against the District govem.ment. . By t ho estimate of expenditures fm· the ensning fiscal year, which 

ha.s been prepared by th~ governor of the District to be sent in to the 

District Legislatme, it appears tha.t for the ensuing year, commencing on the 1st of July, 1874, and terminating on the 1st of July, 1875, tho current expenses of this District, without some legislation to prevent, 

will be equal to the annual expenditure for the admiuistra ~ion of each one of at lea-st twenty of the States of this Union. In this little 

TeiTitory, having within it.<:~ limits only about the amotmt of territ ory which is included within an ordinary township in our Sta tos, it 

will cost to pay its current expenses, by this e&timate, more th::m 

$2,6.00,000 for the en.suing fi.ooal year, including tho amount necessary 

to pay the interest on tlie funded dobt. It therefore becomes neces- say to raise this money, or else Congress ~..11 imitate the example set 

by the J)j.st.dct g~~lature and by levying an inadequate tax let 

t he District stili run into bankruptcy. Therefore yotu' committee 

h.ave recommended to Congress that, facing thi.a question bolilly, they should levy o.J;t the District a tax necessary to enable it to pay its school-te achers and its firemen nnd its employes in every depa1·tment, 

.and thtu relieve them irom G.istress and the District from a breach of 

faith.. For tlti.s ~nrpose they have found it necessary to levy this 

t-ax of 3, 2t a.nd 2- peJ" ~t,., and it will produce the amounts to 

which I ~ now c.a.U ;t}).e attention of the Rouse. Gentlemen will 

find, if th.13y look .on p_a,ge ~ of the report, tho table containing the 

estimr.tes of tb.e ne:ce&Baq e~w.nse.s of the District government for 

the ell8uing year. 

Gentlemen will find also ll.PO]). PJ?:ge 28 of the report the amount 

which 1 per cent. upon the p.roper_t:y ot the District will raise and 

which 2 per cent. will raise~ 'l'he :ao.o.se wlll therefore see that a levy 

of 3 per cent. on the property o! tb.e city, 2! per cent upon the prop- erty of Georgetown, and 2 per cent. upo.n t;b.e property of the county 

will produce in round numbers, if t he ta:¥:es w-e all p aid., the sum of 

$2,!:lOop oo.. This tax the bill ma.kes due J1Ud colle abla on the 1st 

day ot next November.. · 

It is probably evident to the I!otJ.s.e.w)ly the r!l>te is made to vary 

1). tP.e <llffa;reQ.t loc :J.llti~s. The ch.J.ef exvenilitures and eA.-p.ense.s :we 

incurred in this city and the chiefest burden must fall here, :mrl the 

rate recommended is believed to be fair and equitable in consiuemtion of all the circumstances. There has been some criticism as to some of these provisions of the 

bill, because, as it is stated, we are levying a double tax this year upon the property of the District. Will you pa.rdon me if I state to you in 

brief terms what the fact.s are in that connection and show yon th:tt 

this allegation is unfounued ¥ Th~ lust tax levied upon the people of 

the Disti·ict of Columbia was levied by an act which passeu the Dis- trict Legislature June 26, 1~73, which made the tax collectible on tho 

1st day of July, H373, for the purpose of paying the current expenses of the then ensuing fiscal year. No tax bas been levied since that 

time, and these gentlemen who complain that a double tax is levied 

this year must be the same persons who are in arrears and who did 

not pay their taxes last year when by the terms of the law they were collectable. The tax now levied ought to be made due on the 1st y 

of July of this year, but the commit!ee recommend that tho time be 

extended until the lstof November, because of the fact that during this 

investigation when the various rumors were abroad in this Di tric t, inducing the people t-o believ'l3 that they would have to pay no moro taxes and that Congress·would assume and pay the expenses of tho District, many persons declined to pay their taxeA, and therefore this 

large sum is in arrears. But this tax levy is simply such a one as tho 

committee believe will help to redeem the credit of the District and 

enable the employes _of the government to be paid the sums justly 

due them. Perhaps I should st&te that in addition to the current expenses included in the estimate of the governor, which will be founfl on page 

24 of the report, the District government during the ensuing yen.r will 

be compelled to pay other sum!i. There is no estimate stated thero for the necessary amount required to keep these streets and avenues in repair, which will cost, as we all know, quite a large sum of money. 

Nor is there included in this estimate the amount necessary to com- plete the ontst::mding contracts which are legal and valid aa against 

the District of Columbia. There is no estimate of the amount nec"ssary during the emming year to pay the interest on the floating debt, which is to be funded in the three sixty-fi. ve bonds to which reference has been made. These aggregate expenditures at the low~st ostimate 

will amount to $500,000; and my colleague on the committee from 

Michigan [Mr. HUBBELL] suggest-s that there mnst also be suit able 

provision for cleaning the streets and alloys, which in this city will 

amount to probably $100,000 per year; so that this tax has been put 

at the lowest estimate. The committee are desirous to reduce it if 

possible, and save the public credit of the District. 

Mr. Speaker, I desira before speaking on the question of levying a tax upon personal property in this District to ask that the amendment of the gentleman from Missouri, [Mr. PARKER,] who has matle a suggestion on that subject, be r ead, for the purpose of indicatiug t.o the .House ~hat it is impracticable to incorporate any such provision in this bill: 

Mr. G. F. HOAR. I desire to ask the gentleman whether there is 

any objection to directing the committee which is to examine into the 

affuir& of .thi~ District ancl report t-o the next Congress to include in 

their report a proper system of taxation for the District Y 

Mr. BAS8. That is included in the general provision. The House 

will bear in mind that of the gentlemen who are to compose this com- mittee half of them, or one branch of the committee, are to be gentlemen of this House and the two other members are to be appointed 

by the Presiding Officer of the Senate and are to be members of t he 

Senate. The committee did not feel that it was within their province 

to lay down rules which should govern their colleagues in prepariue; a frame of government for the District of Columbia. It was deeme<.l 

best and wisest under all the circumstances t-o give those gentlemen the opportunity to frame, as my friend from Indiana has said, a model 

form o.f government for this District, giving them the widest latitude 

and the 'videst discretion as to their recommendation.s. 

I am now willin~ to hear the amendment of the gent.leman from 

Missomi ·read, rouL then I will ask an opportunity to answer his 

proposition briefly. 

The Clerk read the amendment proposed by Mr. PA.RKER, of 1tlissouri, as follows : 

After the word" estate," in section 4, line 4, insert the wo1:ds ~·and n.ll persona.! 

property." 

The SPEAKER. Doe8 the Chair understand the gentleman from· New York to admit that amendment Y 

Mr. BASS. No, sir; I simply let it be read in order that I ni:1y 

make some suggestions why the committee did not deem it best to 

incorpora,te such a provision in this bill. I desired to have it read 

for that pmpose and no other. · 

Mr. PARKER, of Missouri. I desire to state that the gentleman 

from New Hampshire [Mr. SMALL] has prepared an amendment which. 

is perhaps more perfect than mine, and I would like to have it read. 

Mr. FORT. I have also prepared an amendment, and I would be 

glad if the gentleman would allow it to be read. 

Mr. BASS. I will hear it read. 

The Clerk read the amendment, which was to add to section 4 the 

following: 

P.rvvided, Personal property to the amount of ~100, consistinJ:r of necessary house- hold and kitchen furniture, owned and used by any f-anllly, siiall be cxtlmpt fTom taxation and no more. _ 

:Mr. SMALL. I desire to have an amE:mdment road. 
1874. CONGRESSIONAL RECORD. 5123 

Mr. BASS. I will hear it read. 

The Clerk read the amendment, as follows : 

Amend ection 4 by striking out all a.fter t~e word ·• Distri?t" in ~e fifth }ine~ 

down to aml iuclmliog the word." purvoses" t;n t~e se_veu_th line, and 1nsert a.nu lJl the personal property of the mha.b1tant~,of s~~~~ Dtstn<;:t not ex:emptecl by law 

from taxation ; " aml insert after the wonl real m the mghth, tenth, and twelfth 

liues tho worll.s "ancl p_ersonal." · . . . . And insert after scctwn 4 tho followmg :JA:lclitwnal section : . SEc.-. All real estate in said District, v.ud all personal 11roperty of tho ~abitants of said Distdct, not ex:pres::~ly e:x:omp~ by law,_ shall be subject to taxa.twn. er::~ornt.l esta.t.e for the purpose of ta1:atwn, shall mclnclo goods, chat.tels, ancl 

effects whoreve~ they are; ships aml vessels, mo~ey at interest, ~nd other debts 

duo to the persons to bo taxed, mote than they are mdobtod or pay mterest for, and stocks ancl securities. 'l'he followincr.name~l property shall be exemptecl from taxation, to wit: property 

of the United States aml of the.District of Colnmbia; property used. for charitable 

and educational purposes; honsehol~ furniture of every per~on, not e~ceeding in vnJue &l,OOO; the wearing appare~ of ever.Y pe~on, and farmmg utensils and me- chanic's tools, necessary for ca.ITymg on his busm~ss. 

Mr. G. F. HOAR. I suggest an amendment to the fl!th sec~ion of 

the bill to insert after th61 words" the reasons upon which therr con- cln.sions may be based" the words '~and they shall further pre:pare a~d 

submit a just scheme for the taxatwn of personal property With smtablo exceptions." 

Mr. BAHS. I cannat admit or consent to any amendments for reasons which I stated a moment ago. It seetns to me those reasons will 

comn:ieud themselves to the good judgment of members of this House. 

It does not seem to be exactly proper that a committee of this House, 

a.ppointed to investigate the affairs of this. District, shoul~ recom- mend to this House what some other comm1t.tee to be appomt.ed by 

tho House, of men who are equal to, and I hope of better capacity 

than ourselves, shall do in regard to preparing a frame of government for this District. That committee will have the Constitution 

before them which gives to Congress the exclusive power of legislation over this District. Yourcommitteo thereforehave not seen that 

it was rirrht that they should say to this Honse that any other com- mittee appointed by this honorable body should be constrainetl or restricted by provisions which were not thrown around ourselves. 

We think they should be given the widest range for the performance 

of their duties. The gentlemen who will be selected will prepare a frame-work of government which at least will commend itself to ~hem and when it comes before Congress for action, if they shall 

think proper, it cari be amended. 

Mr. G. F. HOA.R. I desire to call the attention of the gentleman ... to the fa.ct that this bill requires that the joint committee to be appointed shall prepare a frame-work of government. 'Vhat I want is 

that that committee shall include in their frame-work of government a just scheme of taxation of personal property. It is a thing which 

cannot be prepared in a moment. That committee can prepare it as a part of their scheme and Congress may adopt ii or not. 

Mr. BASS. That.is a part of the work, and the committee can do as they think proper about it. 

Mr. GARFIELD. I think the section contained in the bill is perfectly right. It requires the gentlemen of the committee to bring in a draught for a frame of government, and that draught must include 

provisions for taxation. Theyonght to have the whole range t<> ?-etermine whether personalty or realty, church property or cha.ntable 

property, or property of any other kind, sha.ll be taxed or shall be ex- empt from taxation. We should not give them any instructions other 

than to bring in a general law. 

Mr. PARKBR, of Missouri. Does the gentleman from Ohio [Mr. 

GARFIELD] oolieve that under this temporary arrangement we should 

not tax personal property ' · Mr. BECK. I desire to have an amendment read. The gentlellilln 

has allowed other amendments to be read. 

Mr. BASS. Only for the pnrpose ·of bringing beforethisHouse the 

precise proposition as to which inquiries have been made. 

Mr. BECK. I made a.n inquiry. I a-sk if the gentleman refu~sto 

allow my amendment to be readY 

Mr. BASS. It already appears that no two propositions which have 

been read, offered by distinguished gentlemen upou this floor, are at 

all in accord with reference to the method th.."tt shall be pursued. 

There are two hundred and eighty-eight other gentlemen on this floor, 

and they nndoubtedly would all disagree upon that subject. 

Mr. BECK. I desire to inquire how much time the gentleman has 

left t 

The SPEAKER. It is about expi.J:ing. 

Mr. BECK, I hope it will expire before long. 

Mr. BASS. I desire to make two or three other suggestions. In 

the first place your commitree durin(J' this interregnum do not propose to revolutioniZe all the laws of this District and to impose a tax on personal property. They do not propose that for the reason that 

there has been a District Legislature here for the last three years, 

representing as it was supposed the views of the people of the District, to some extent at leru~t, and that Legislature each session has 

adopted and ratified this system of taxation. Their statutes, which 

are contained in a Yolnme of some size, provide for this system of taxtion upon real estate only. Your committee have recommended a modification of the District laws, only in so far as it was absolutely neces- sary to carry out the plan proposed by the committee in making these 

necessary changes. So far therefore as they could avoid a.ny other 

modifications o:f too Diitrict laws they have permitted them to remain in force because they were the best expositions of what the people 

themselves here wanted. 

Another difficulty arose with reference to the persons who shonl'l 

pay a. perso11al tax in this District. This subject having been fully 

and at length discussed by the committee, they agreed, in genera,} with 

the feeling which seems to be expressed here, that i f it could be done it 

would be best that ·such a tax should be levied·; and they have supposed that the new joint committee will recommend such a modification of existing laws. That, however, is within their discl'etion. 

Only a small percentage of the people in this District are what may 

be termed permanent residents here. There are many people residing 

here who vote in other localities, and therefore pay a tax upon personal property elsewhere. To provide machinery to ascertain just 

which of the people residing here should pay a personal tax was not 

within the power of the committee in the short time they had to devote to the preparation of this bill. There has been and is no assess- ment of personal property within this District under the present form 

of government. · 

The committee desired that this tax should commence to be paid on the 1st of July; it is necessary the payment should begin then. If 

you undertake to perfect a scheme for assessing personal property, it 

will take two or. three months for the assessment, for the hearing of 

appeals before a board which mnst be constituted for that purpo e, 

and for the issuing of warrants for enforcing the collection of the tax. 

Such a scheme, if we undertake to devise it, would coYer half as many 

pa.ges at least as the bill which has been reported by our committee. ~11:. MERRIAM. I ha.ve a scheme here on one sheet of paper. ~Ir. BASS. For the reasons I have stated, and for others which 

I will not stop to deta.il, the committee have decided that in their 

judgment it would not be proper or pra-cticable within the five months 

between the close of the present session of Congress and the com- mencement of the next session to revolutionize the laws of this District for the purpose of levying a personal tax. .A.s a matter of neces- sity this whole subject will come back to Congress for final disposition 

at the next session. 

Mr. WILSON, of Indiana. I withdraw the motion to recommit and move the previous question upon the bill. 

ltlr. BECK. I hope the House will vote down the previous question. 

The SPEAKER. It is a matter which a majority of the Hou.se must 

settle. 

Tellers were ordered; and Mr. WILSoN, of Indiana, and Mr. BECK were appointed. 

Mr. COTTON. We ought to be allowed some opportunity to dis- cnss this bill and suggest :Jmendments. 

The House divided; and the tellers reported-ayes 94, noes 70. 

So the previous question was seconded. 

The question then recurred on ordering the main question. 

Mr. BECK. On that question I demaud the yeas and nays. 

Mr. CHIPMAN. .A.s I understand, if the main question is ordered 

it closes all discussion on this bill. 

Mr. BECK. And shuts out all amendments. It gags the Honse. 

The yeas and nays were ordered; there being ayes 30, uoes not 

counted. 

Mr. HOLMAN. I wish to make a parliamentary inquiry. If the 

main question be not ordered, will not the bill be still open for 

amendment' 

The SPEAKER. If the gentleman from Indiana [Mr. HOLMAN] is 

in doubt on that question, he should refer to Barc1ay'8 Digest. 

Mr. HOLMAN. The Chair generally answers such questions more respectfully. 

The SPEAKER. The Cha~ doos not regard this aa properly a :p.arlia.mentary inquiry. . 1\Ir. HOLMAN. Not a parliamentary inquiry! 

The SPEAKER. The Chair has no hesitation in saying that ~t is ~~ . 

Mr. HOLMAN. Certainly it seems to me a proper· p~:rli;n~entary 

inquiry, and such a· one as has usually been respectfnlly answered by' 

the Chair heretofore. 

The SPEAKER. The Clerk will ca.U the roU. 

The question was taken; and there wercr-yeas 134, nays 111, not 

':'oting « ; as follows : 

YEA.S-Mes11rs. Albert, Averill, Banning, Barrera, Barry, Bass, Begole, Bell, 

Bowen, Bromberg, Buckner, Bundy, Benja.mm F. Butler, Cain, Cason, ~os, C~rk, 

jr., Freeman Clarke, Clymer, Coburn, ComingobConger, Cox, Cri,ttemlen, CJ,'OO~\}, 

'Crounse, Crutchfield, Darrall, Davis, Dawes, onn~, :Pnell, Fiehl, Foster, Frye, 

Garfielrl., Gooch, Gtmckel, Eugene Halo, llamiltou, H:mcock, Benjamin W. Harris, 

Henry R. Harris, Harrison, Hatcher, Hathorn, .Joseph R. H'awley, Hay~. Hendee, 

Herndon, Hodges, Hoo\ler, Hoskins, Houghton, Howe, Hubbell, Jewett, IQlling~r, 

Knapp, Lamison, Lausmg, Lou~~clge, Marshall, Alexander S. McDill, James W. 

McDill MacDougall, .M:onroo 1\looro, Morey, Morrison, Kea\, Negley, N~mith, 

Hiles, O'Brien, Orr, Packard, Packer, Pa.go, Hosea W. Parker, P~s,ons, Pelli~q~, P endleton, Phelps, Phillips, Pierce, Pike, '.I'homa.<> C. Platt, Po~d, :{'Qtter, Purm~v.. 

Rainey, Rapier, Ellis H. Roberts, James U. Robinson, Ross, RD:Sk, Sawyer, IIenry B. Sayler, Milton Sayler, John G. Schumaker. Henry J. Scudder, ~saa c ,V. Scurlder, Sessions, Shanks, Sheats, Sheldon, Small, Smat·t, .A.. IIerr Smith, George L. Smith, J. Ambler Smith, Snyder, Southard, St. John, Sto.ne, Storm Stra.it. Swann 

Sypher, Taylor, Townsend, Tyner, Waldron, Walls, \'{ells, Wheeler, Whitehe~c, Whitehouse, Wilber, Charles W. Willard, Ch:ules 0, Willia.nw, John M;. S, WJ:-

fu>,ms, Jeremiah M. Wilson, Wood, aml Woodforl1-134. . NAYS-Messrs. Albright, Archer, Art.hur, Aalw, AG!dns, Ba_rber, Beck, Berry, Biery, Bland, Blount, Br2Alley, B1ight, Brown, B1tfli,.l;lton, .i)urcb,ard, llnl'iuigi.J, lh~-.:­

rowa, Caldwell,' Carin<?n, Cessna, John ]3. Cl:Lrk, jr., Clem~nts, Step!~o~ ~· Col>h, 

Cook, Corwin~ Co.tton, 01-oo,mor, Orock,or\ Ql\)S.al(\nd, :V;~nto.ru, Dublmw, D.u,~~ell_. 
.5124 CONGRESSIONAL RECORD. J UNE 17, 

Eames, Eldrerlge, Fort1 Girldinus, Glover, Hag:ms, Harmer, Havens, .John~- Haw- ley Gcrrv W. Hazelt-on, John W. Hazelton, JJ:. Rockwood Hoar, George ] . Hoar, 

Hofman, Hunton, Hrtrl but, Hyfle, Hynes, Kasson, Kelley, Kello,!!g, Kenclall, _Lamar, Lawrence, Lawsou, Leach, Lofland, Lowe •. Lown~e!!· Lynch1 Ma~ee, Marti?, Mc- Crary, McJunkin, McKee, McLean, .Men:tam, M1lliken, ¥Jlls, M~ers, Nli.Jla{lk, 

O'Neill, Orth, Is:1ac C. Parker, Perry, Rans1er, Ray, Read, RJCe1 Rotlnns, .James _W. 

Rotin on Sen r. Sherwood. Sloan, Sloss, H. Boardman Smith, .John Q. SIDlth, 

Speer, Sp;·agne, StandifoPd, Stowell, Strawbridge, Christopher -y. Thoma~, Thornburgh Vanca Wallace, .Jnsper D. Ward, M:B.rcns L. Ward, Wluteley, Whitthorne, 

George Wilia~u, \Villiam Williams, William B. Williams, Willie, James Wilson, 

Wolfe; Wootlworth, and John D. Yonng- lll. 

NOT VOTING-Me rs. Adams, B:u-nwu, Roderick R. Butler, Cl::J._rton, Clinton L . Cobb, Curtis, D a\Vitt, Durham, Eden, Elliott, Farwell, Freeman, Gunter, Robert 

S. Hale .John T. Harris Hereforcl, Ilersey, llnnter, Lamport, Lewis, Luttrell, May- nard. McNulta Mit(;heR Nunn, James H. Platt, jr., Pr!J.tt, Randall, Richmond, Wil· 

liam R. Robe~t. 'cofield, Lazaru~ D . Shoemaker. \Villiam A . Smit.h, Sta.nard, 

Starkweat.her, Stephens, Charles R. Thoma.s, Todd, Tremain, \Vaddell, White, 

Ephraim K. Wilson, and Pierce M. B. Youn.~-44. 

So the main CJnestion was ordered to be put. The bill was ui.·dered to. be engrossed and read a third time; and 

being engro sed, it was accordingly read the third time. Mr. BECK demanded the yeas and nays on the passage of the bill. 

The yeas and nays were ordered. The question Wll!S taken; anti it was decided in the affirmative- yeas 210, nays 22, not voting 51 ; as follows : 

YEAS--Messrs. Adams, Albert, Albright, Archer. Arthur, Ashe, Atkins, .A. ver- ill, Banning, Barrere, J3arry ~,....J3ass, Beck, :n_egole, Bell, Berry, B~ery, Bland, Bowen, 

Brirrht, Bromberg, Brown, JjUCkner, Bufliriton, Bundy, J3urleiah, J3urrows, Rod- erick R. Butler, Cain, Caluwell, Cason, Amos Cla.t·k, jr.,~, Jo~ B. Clv.rk, jr., 

Clements, Clyme:s_ Stephen .A.. Cobb. Coburn, Comin~o, vonger, Cook, Corwin, 

Cox, Urittem1en, vrooke, Grossl.a.ml, Oronnso, Crutchfielcl, Curtis, Danford, Dar- ~ Davis, Dawes, Dobbins, Donnan, Duell, Dunnell, .Eames, l.l'i.eld, Fort, 

:Foster, Garfield, Giddings, Glover, Gooch, Gnnokel, Hagans, Eugene Hale, Hamilton, H:1rmer, Ben.iamin W Harri Honrv R. HaiTis, John T. Harris, Harri- son, Hatcher, H..'tthorn, Havens, John B. lliwley, Joseph R. Hawley, Gerry W. Hazelton, John W. Hazelton, Henuoe, Ilerefor(l, Herndon, E. Rockwood Ho2.1.·, 

GeoTgo F . Hoar, Hodges, Holman, Hooper Ho kins, Hou<Thton, Howe, Hubbell, 

Hunton, Hyde, Hyne , Jewett., Kelley, Kendall, Killinger, ~app, Lamar, L3.m.ison, 

Lansing, Lawrence\ ~each; Lewis, Lofland, Lou~rhridge, Lowe, Lowndes, Lynch, M..'tuee, McCmry, .alexander S. McDill, .J :1mes \V. McDill, MacDougall, McLean, 

Mei;·i.am, Milliken .... ¥ills, Momoe, Moore, Morey, Morrison, Myers, Neal, Negley, Nesmith, Niblack, .L-;ile , O'Brien, O'Neill, Orr, Packard, Packer, Page, Hosea W. Pa.t·ker, Isaac C. Parker, Parsons, Pelham, Pendleton, Perry, Phelps, Phillips, 

Pierce, Pike, Thoma C. Platt, Poland, Potter, Rainey, R:J.pier, Read., Rice, Hobbins, 

Ellis H. ~oberts, James C. Robinson, James W. Robinson, Ross; Rusk, Sawyer, 

llemy B. Sayler, Milton Sayler, John G. Schumaker, Scofield, Henry J. Scudder, Is:tac W . Scuduer, Sener, Soosions, Shanks, Sheats1 Sheldon, Sherwood, Sloan, 

Small, Smart, .A.. H err Smith George L. Smith,J . .A.moler Smith, Snyder, Southard, 

Speer, Sprague, Standiford, St . • Tohn, Stone, Storm, Strait, Swann, S.rpher, Charles 

n.. Thomas, Thornburgh, Townsend, '.I:ynor, V&nce, Waldron, Wallace, Walls, Marcus L. Ward, Wells, Wheeler, Whitehca.:l, Whitehouse. Whitthorne, Wilber, 

Charles W. Willard, George \Villaru, Charles, G. Williams, .Tohn :r.f. S. Williams, 

William n. Williams, Willie, Jeremiah M . Wilson, \Volfe, Woo:l, W ootlford, \Voouworth, a.ml.John D. Young-216. NAYS-Messrs. Barber, Bradley, Burchard, Cannon, Cessna, Co';tou, Cro.'tmer, 

Elrlredge, Kn. son, Kellogg, Lawson, ~artin, Mc.Kee, Orth, Ransier, l~av1 ~-Boar~

mun Smith, John g. Sm1th, Strawbndge, ChrlStopher Y. Thomas, William Wtl- liams.a.nd James Wilson-22. . . NOT VOTING-Messrs. Darnum, Blount, Benjamin F. Butler, Freeman Cl::~.rke, 

Clayt<>n, Clinton L. Cobb, Crocker, De Witt, Durham, Etlen, Elliott, Farwell, Itreo- man, Frye, Grmoor, Robert S. Halo, Hancock, Hays, Hersey, Hunter, Hurlbut, Lamport~ Luttrell, Marshall, Maynarll, McJunkin. Mo~ulta. Mitchell, Nunn, James H. Platt, .ir., Pratt, Purm.'tn, Ra.nuall, HichmonU, William R. Roberts, Lazarus D. Slloemaker, Sloss, William A. Smith, Stanard, Starkweather, Stephens, 

Stowell, Taylor, Todd, 'l'romain, Waddell, .Jasper D. \YarJ, White, . Whiteley, 

Ephraim K. \Vilson, and P~erce M. B. Young-51. 

So the bill was passed. Mr. WILSON, of Indiana, moved to reconsider the vote by which 

the bill was pas ed; aud also moved that the motioh to reconsider b~ 

laid on t he table. The latter motion was agreed to. 

LEAVE TO PRINT. 

Mr. PERRY, by unanimous consent; was granted leave to print in 

the RECORD as part of the debates some remarks he had prepared on the ala.rm telegraph bill. (See Appendix.) 

Mr. COTTON, by unanimous consent, was granted leave to print in 

the RECORD some remarks on the bill for the government of the District of Columbia. (See Appendix.) 

PENSION APPROPRIATIO:N BILL. 

A message was received from the Senate, by l\fr. SYMPSON, one of 

thelr clerks, notifying the House that tha.t body had adopted the report 

of the committee of conference on the disagreeing votes of the t'Yo 

Hou es on the bill (H. R. No. 3421) making appropriations for the payment of invalid and other pensions of the United States for the year 

ending J nne 30, 1875. -

INTERNATIO:NAL ARBITRATION. 

Mr. ORTH, by im.animotlB consent, from the Committee on Foreign 

Affairs, reported the following preamble and resolution : 

Wherea.s war is at all times destructive of the material interests of a pco_~?le, de- moralizing in it.<~ tendencies, and at variance with an enlightened public sentiment; 

&nd whereas, difference between nations should in tho interests of hum..'IIIity and 

fraternity be adjusted if possible by international arbitration: Therefore, JUso~vect, That the people of the United States being devoted to the policy of peace with all mankind, enjoining its blessings and hop in~ for ita permanence and Its universal adoption, hereby through their representatives in Congress recom- mend such arbitration as a. rational substitute for war, and they further r ecommend to the treaty-making power of the Government to provide if pra.ctic».ble thn.t hereafter in treaties ma.ue between the United States and foreign powers war shall not . be declared by either of the contra.cting parties a~ainst the other until efforts shall 

have been m:wle to adjust all alleged cause of diflerence by impartial arbitration. 

Mr. ORTH. I demand the previous question. 

The previous question was seconded and the main question ordered; 

and under the operation thereof the pl,'eaml>lo and xesolntion were adopted. Mr. SHELDON moved to reconsider the vote by which the preamble aud resolution were adopted; and also moved that t,he motion to 

reconsider be laid on the table. The latter motion was agreed to. 

LEAVE TO PRINT. 

Mr. SMITH, of New York, by unanimous consent, was granted 

lea.ve to print some remarks on the resolution jllBt adopted. (See 

A ppend.ix.) · WAR CLA.DIS. 

Mr. LAWRENCE. I ask una.nimous con · ent that to-night, nfter 

the Committee on Naval Aii'airs finish their busine , the Committee on Wa.r Claims shall have leave to submit their reports. I do not propose to interfere with the business of the Committee on Naval Affairs. 

Objection was made. 

PENSION APPROPRIATION BILL. 

Mr. O'NEILL. I rise to submit a privileged report. 

The Clerk read as follows : . 

The committ.ee of conference on the disa~eeing votes of the two Houses on tbtl 

amemlment of the Sena.te to Ilonse bill o. 34!.!1, makino- :lflpropriation for the 

p!l.yment of invalid and other pensions of the United States for the fiscal ye~u· end- ing .J nne 30, 187'), having met, after full anu free conference, have agreetl to roc om. mend, o.nd do recommend, to their r espective Hou e as follows : That the Honse r ecede from t.heir disagreement to the amendment of the Senato and agree to the same . 

CHARLES O'NEILL, 

ERA.STU WELLS, 

J.M.RUSK. 

Managers on the part of the IIouse. 

.A.. A. SARGENT, D. D. PRATT, 

JOHN P. HTOUKTON, 

Managers 011 the part of the Senate. 

Mr. SPEER. vouchers Y How does that leave the bill in respect to pay for 

Mr. O'NEILL. It reduces the rate for vouchers from thirty to twenty~five cents. Mr. SPEER. I supposed it was fifteen. 

Mr. O'NEILL. No. I dema.nd the previotiS question. The previous question was seconded a.nd the main question ordered ; 

and under the operation thereof the report was adopted. Mr. O'NEILL moved to reconsider the vote by which the raport was adopted ; and also moved that the motion to reconsider be laid ou the 

table. · The latter motion was agreed to. 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

Mr. GARFIELD. !wish to submit a report from the committee of 

conference on the disagreeing votes of the two Houses on the legislative, &c., a.ppropriation bill. 

:Mr. MOREY. The session this evening is for reports from the Committee on Naval Affairs, aml as it is now very late, I hope the gentle- man will withhold his report until to-morrow. Mr. GARFIELD. The report will be printed iu the proce dings of 

the Senate in the RECORD to-morrow, and I will withhold it for the 

present, as members desire to see it in print before acting on it. 

G. J, PILLOW. 

Mr. WHITTHORNE entered a motion to reconsider the vote by 

which the claim of G. J. Pillow, reported auversely from the Committee on War Claims, was laid on the table. 

JUDGE E . H. DURELT .. 

Mr. WILSON, of Indiana, from the Committee on the Judiciary, 

sub"mittecl a report concluding with the following resolutions: 

Resolved, That. Edward H. Durell, judge of the district court of tho United 

States for t.he District of Louisi2.na, be impeached of high crimes a.nd misdruneanors 

in office. 

2. Reso~ved, That a committee of two be appointed to go to the Senate, and at the bar thereof in the name of t.he House of Represcnt;ttive , and of all the peoplo of 

the 1Inited States, to impeach Edward H. Durell, judge of ilio district court of the 

United States for t.he district of Louisiana, of high crimes and misdemeanors in 

office, and acquaint t.he Senate that the House of Represont:ttwes will in tlue time 

exhibit particular articles of impeachment and make good the same, and that t ho 

committee do demand that f.he &mate take order for the appearance of said Euwaru H. Durell to answer to said impeachment. 3. Reso~ved, Thata.committeeof seven beappointed toprepa~eand report articles of impeachment agu.inst Ed wa.ru H. Durell, judge of the district court of the U nitcll 

States for the district of Louisiana, with power to send for erso~, papers, :md 

records, and to take testimony under oat.h. 

Mr. WILSON, of Indiana. I move that the report be printed and 

recommitted to the Committee on the Judiciary. 

The motion was agreed to. 

Mr. TREMAIN presented the views of a. minority, aa follows: 

Tho undersigned, members of the Judiciary Committee, di sent from the condusions of the majority of said committeD~ that E . IT. Durell, judge of the district of Loui iana, should be impeaohetlfor high crimes and misdemeanors, amlrecommend 

that all proceecling~ against him be discontinued and disnti ssefl. L Y.M.A.N TREMAIN . WILLIAM P. FRYE. JOITN CE S.N.A.. J.D. WARD. 
1874.- CONGRESSIONAL RECORD. 5125 

Mr. POLAND also presented the follomng minority report : 

The nmlersi~ed, member of the .J udiciacy Comnuttee, for himself desires to say- ]'i;:st,_ In relation to the midni,qht order, although be believe the judge bad no proper legal jurisdiction to make it, still he is not able t.o find that the judge acted 

COITtlptly, or with any belief that he was goino- beyonrl his jurisdiction in making 

it. Thfllaw under which he acted was new, a.n"d no rules or precedents had been e. tablishod under it. The whole people were excited, the times were violent and 

turbulent, and judicial calmness or correctness could hardly bo expected. 

Secondly. The endence seems to establish that some of tlle officers of .Judge Du- relr~> court were guilty of very co;xupt practices aml that ho was not watcliful to SCl'Utinize their conduct; but the;·e is no· claim that he ever sh.'lred in any of the 

proceeds of their gains, and no direct evidence that ho knowingly sanctioned or approved their action. 

Tbirilly. Where the evidence obtained by subtantially an ex parte examination, 

onl.v sectires a bare majority of the committee, it <toes not appear to me that the 

pnhlic interest will be furthered by presenting articles of impeachmentrto the Sen- ate for trial . LUKE P. POLAND. 

The minority reports were also ordered to be printed and recom- mitted to the Committee on the Judiciary. · 

E..'ffiOLLED BILLS SIGNED. 

Mr. DARRALL, from the Committee on Enrolled Bills, reported 

that the committee had examined and founti truly enrolled bills of 

tbe following titles ; when the Speaker signed the same: An act (S. No. 41) granting a pension to Margaret E. Alexander, 

whlow of Edwin A. Alexantier, deceased, late a private in Company 

K, Eighth Regiment of Indiana Cavalry Volunteers, known as the 

Thirty-ninth Indiana Regiment; 

An act (S. No. 503) for the relief of Susan R. Moore, the relative 

and legatee of Ph robe Sofield, a pensioner; 

An act (S. No. 536) granting < pension to Livanna I ngraham; 

An act (S. No. 5il) to authorize the Baltimore and Ohio Railroad 

Company to construct a branch, and to change the location of its 

road within the District of Columbia, and for other purposes; 

All act (S. No. 609) granting a pension to Margaret A. Hoffner : An act (S. No. 613) granting a pension to Jeft'orson A. French; 

An act (S. No. 690) gmnting a pension to Thomas Smith ; 

Au act (S. No. 767) granting a pension to An<lrew J . Lasley; 

An act (S. No. 768) granting a pension to JohnS. Long; 

An act (S. No. 14) granting a pension to Ebenezer W. Brady ; 

An act (S. No. !:rt7) granting a pension to John W. Truitt; 

An act (H. R. No. 7!:)2) to amend and supplement an act entitled 

"An act to establish a uniform syst-em of lwnla:nptcy throughout the 

Uuited States," approved March 2, 1 67, anti for othor purposes; 

An act (H. R. No. 8 6) to provide for the election of Congressman 

at la.rge for the State of Alabama; 

An act (H. R. No. 1227) gnmting a pension to Eliza A. Maxham ; 

An act (H. R. No. 1948) h'Tanting a pension to Mary J . Blooti; 

An act (H. R. No. 2095) granting a pension to Charles McCarty ; 

An act (H. R. No. 3606) granting a pension to Mary E . Grosvenor : auti 

An act (H. R. No. 3652) providing for publication of the revised 

fltatutes and the laws of the nited States. 

BUSThTESS FOR THIS EVE~L""\G. 

Mr. LA. WRENCE. I ask unanimous consent that the Committee on \Var Claims may haYe leave to make reports this evening, not to 

interfer-e with the lm iness of the Committee on Naval Affairs. Mr. PEER. What is the ortieT for this evening f 

The SPEAKER. The Chair ha.s in his hand the order. It is that 

We<lnesday evening, June 17, be set apart for the consideration of 

reports from the Committee on Naval Affairs. 

Mr. GARFIELD. And no other bnsinoss to be tmnsacted. 

The SPEAKER. Not unless the House so ordors. 

Mr. LA WREN(;E. Well, I ask that the Committee on War Claims 

muy be calleti for reports to go upon the Calendar. Mr. SENER. 1f any adverse reports are to be made, I obj ect. 

SESSION FOR DEBATE. 

Mr. BUTLEH, of Mas achusetts. I ask unanimous consent that 

Friday evening next be set apart for general tiel> ate, no business w bat- ever to be transacted. everal members objected. Mr. GARFIELD. We cannot say at present whether that evening can be spared for debate. 

:Mr. SCOFIELD. I move that the Honse do now take a recess. Tho motion was agreed to; and accordingly (at five o'olock and twenty 

miuutes p. m.) the House took a reoess until half past seven o'clock. 

EVENING SESSION. 

The recess having expired, the House reassembled at half past seven o'clock, 1\-fr. HOSKINS occupying the chair as Speaker pro tempore. 

. ORDER OF BUSL'm S. . 

The SPEAKER p1·o tempore. By order of the House the session of 

tllis evening is exclusively for the consideration of business from the 

Committee on Naval Affairs. 

1\Ir. GOOCH. I move that the Honse take a recess for fifteen minut.es. 

l\lr. CESSNA. I suggest that tho gentleman say ten minutes. 

Mr. GOOCH. I will move that the House take a rocess until fifteen 

ruinutes to eight o'clock; that will b0 twelve anti a half minutes. 

The motion wa agreed to ; and the Honse accordingly took a recess until a quarter to eight o'clock. _ 

The rece s having eA.rpired, the Honse resumed its session at a quarter to eight o'clock. 

PETITIO~ OF CHOCTAW NATIO~. 

M:r. BUTLER, of Tennessee, by unanimous consent, presented the 

petition of delegates representing the Choctaw Nation; which was re- ferred to the Committee on Indian Affairs, ~m(l ordered to be printoti. 

ORDER OF BUSINESS. 

Mr. KELLEY. I ask unanimous consent to have a bill referred to 

the Committee on Commerce, not to be brought back by a motion to reconsider. 

Mr. HALE, of Maine. I object. 

GOVERNMENT OF THE NAVY. 

Mr. ARCHER, from the Committee on Nava,l Affairs, reported back, 

with the recommendation that it do pass, tho bill (S. No. 716) for tho 

better government of the Navy of the United States. The bill was read . 

The first section provides that on and after the passage of the act 

any officer of the Navy who may be promoted in course to fill a. vacancy in the next higher grade shall be entitled to the pay of the 

grade to which promoteti from t.he da.te ho takes rank therein, if it; be 

sub equent to the vacancy ho is appointed to fill. 

The sec~md section prollibits the accounting officers of the Treasury 

from makmg any allowance to any officer of the Navy who has been, or may hereafter be, tiismi sed from the service and restored to the same under the provisions of the twelfth section of the act of March 3, 

1855, entitled "An act to ameml the several acts heretofore pa:s ed to 

provide for the enrolling and calling out of tho national force~, and for 

other purposes," to exceed more than pay as on leave for sis months 

from the date of uisrnissal, unless it shall appear that the officer demanded in writing, addres e<l to the Secretary of tbo Navy, and con- tinued to demand as often as once in six months, a trial as provided for in said act. 

The third section repeals so much of the act entit.led uAn a-ct to 

aut.horize the Secretary of the Navy to provi.tie for the education of 

naval constructors and steam engineers, and for other purposes," · approved July 4, 1!::!54, as provides that cadet engineers, not to exceed 

fifty in number, shall be appointed by the Secretary of the Nav~~, and 

provides that cadet engineers shall hereafter be appointed aunnally 

by the Secretary of the Navy, and that the number appointed each 

year shall not exceed tw n"y-five; aucl it further repeals all acts or parts of acts inconsi t.ent with the provisions of the act. · Mr. WILLARD, of Vermont. Will the gentleman state wher ein 

this bill changes _the existing law¥ 

Mr. ARCHER. I will st.<tte for the information of the gentleman 

from Vermont and of the House that this bill has three objects. The first one is to correct an error which we think ba.s spruDg up in 

the Navy Dep:utment, where commissions are dated back ana pay is 

drawn on those commis ions when re}tlly no vacancy existeti in the 

rank to which the officer was appointecL That io the first section of 

tbe bill. It restrains the payment to officers whose commissions are dated back in consequence of their absence at sea, or because from 

other causes there is delay in thei.I· receiving them uutil vacancies occur in that grado. The section is reported in the interest of 

economy. 

The second section of the l1ill provities a. remedy a-gainst one class of 

claims on the Treasury. Officers who wet·e disrnis ed from the service 

during the war, and in the hurry and confusiou tllere have been errors or some technical defects in their orders or dismissal, now come back in 

many instances and claim that they we1·e iliegally dismis ed ~from 

the service and should bo restored because MOme technicality had not 

been complied with. Although they have been following different 

pmsnits for six or eight years, they come back and claim to be re- stored, and when_restorod they claim that as the dismissal was illegal 

they ought to be paid for all the years they have been out of the 

service. This second section provides that no officer shall be paid in 

such case 1mless he bas overy six months made application to be re- stored. That prevents their coming in on old, stale claims anti receiving back pay after ueing reinstated. In some instances officers have 

mado claims for as high as $ ,000 or $9,000. The last section of tho bilL provides for a reduction that bas roaJly 

taken pla,ce in the Navy. The act of Congress referred to in that sec- tion, and which allowed tho appointment of only fifty cadet engineers, 

is not now required; the service does not now require so many young 

officers in the cadet corps as it did at the time of the pas age of that 

act. The Secretary of the Navy thinks that twenty-five in tea-d of 

fifty cadet ongiucers appointed annually will answer all tho needs of 

t.he service. I belitwo the committee were unanimous in recommenti- ing the 11assage of this bill. 

The bill was then read the third time, and passed. 

g,t;Mr. ARCHER moved to recon icler the vote by which the bill was pa ed ; and also moved that the motion t o recO-nsider be laiti on the 

table. Tho latter motion was agreed to. 

MES AGE FRO:\I THE SENATE. 

A message from tho Senate, by l\lr. SYMPSON, one of thei.I· clerks, in-
5126 CONGRESSIONAL RECORD . JlJNE 17, 

.. formed the House that the Senate had agreed to the amendments of 

the House of Representatives to a bill of the Senate of the following title: · · 

A bill (S. No. 758) to authorize and provide for the construction of a substantial iron and masonry bridge and a causeway 2.cross the An- aco. tin. or Ea.stern Branch of the Potoma-c River, at or near the site 

of the present navy-yard bridge. 

The message further announced that the Senate had passed, without amendments, bills of the House of the following titles: A bill (H. R. No. J678) for the relief of savin~ instit.utions having no capital stock, and doing business solely for tne benefit of depositors; and 

.A. bill (H. R. No. 3741) to authorize the issue of an American register to the ship Alhambra. 

The mess~e also announced that the Senate had passed, with 

amendments m which the concurrence of the Honse was requested, a bill of the House of the following title: 

A. bill (H. R. No. 3094) making appropriations for theserviceof the 

Post-Office Department for the year ending June ao, 1875, and for 

other purposes. . The message further announced that the Senate hud passed and 

req nested the concurrence of the Honse in bills of the following titles : A bill (S. No. 633) for the relief of .A.. H. Von Leuttwitz, bto lieutenant Third United States Cavalry; and 

.A. bill (S. No. 683) to authorize the use of gilt letters for the names 

of vessels-. 

PUBLIC MARI~m SCHOOL. 

Mr. SCOFIELD. I have myself no bills to report from the Committee on Naval Affairs. Other members of tho committee have all 

the bills to be reported, and I will thank the Chair to recognize mem- bers of the committee in t.he order of their appointment. 

1\h'. GOOCH, from the Committ-ee on Naval Affairs, reported back, 

with a substitute, Senate bill No.176, to encourage the establishment 

of public marine's.chools. 

The substitute authorizes and empowers the Secretary of the Navy, 

in order to promote nautical eclucation, to fnrnish, upon the application of the governor of a State, a suitable vessel of the Goyernment, 

with all her apparel, charts, books, and instruments of navigation, 

provided the same can be spared without detriment to the naval 

service, to be used for the benefit of any n::mtical school, or school or college having a nautical branch, established at each or any of the 

ports of New York, Boston, Philadelphia, Baltimore, Norfolk, and San 

Francisco, upon the condition that there shall-be maintained at such 

port a school or branch of a school for the instruction of youths in 

'navigation, seamanship, marine enginery, and all matters pertaining 

to the proper construction, equipment, a.nd sailinrr of vessels, or any 

particular branch thereof; and the Presioont of t~e United States is 

authorized, when in his opinion the same can be done without. detriment to the public service, to detail proper officers of the Navy as superinte]ldeJtts or instructors in such schools; provided that if any 

such school shall be discontinued, or t.he good of the service shall 

Tequire it, such vessel shall be immediately restored to the Secretary 

of the Navy and the officers so detailed recalled; and provided further that no person shall be sentenced to or received at such schools a-s a punishment or condition of punishment for crime. 

1\Ir. WILLARD, of Vermont. Is the expense of this to be borne by 

the United States Treasury? 

Mr. GOOCH. It is understood that this is to impose no responsibility whatever upon the Treasury of the United ~tates. 

Mr. WILLARD, of Vermont. What would these vessels be doing if 

not employed in this business' 

Mr. GOOCH. It is known that we have now quite a number of ves- sels that can be employed in no particular service beneficia.! to the 

Government. Those vessels may just as well be detailed for the use of these schools, where they will be of some benefit to the people and 

where the Government will be relieved from :the responsibility of 

keeping two or three ship-keepers on board of each of them. This bill 

is carefully guarded ; these vessels are t-o be granted to these institutions only in case they can be taken without any detriment to the 

public service, and the Secretary of the Navy ha.-s the power to call 

for-their return at any time when he sees fit to do so. So it will be seen that the bill cannot impose expense upon the General Government. 

l\fr. WILLARD, of Vermont. The officers and crew are to be detailed I suppose from the Navy. .l\fr. GOOCH. No crew is to be detailed. 

1\lr. 'VILLARD, of Vermont. Only officers f . MT. GOOCH. Only certain officers who are to be employed as inst.rnet01'S ; and these are to be detailed only when they can be spared 

from tho public service as well a not. 

Mr. HURLBUT. Who is to receive and take charge of these ves- sels when they are detailed 'P . 

Mr. GOOCH. They are to be called for by the governor of the 

St;.tte ; and then they pass into the cnst.ody of the institutions to 

which they are loaned. ,I.t is presumed that the governor will not 

ask for a vessel unless there be an institution of such a character that 

it will be safe to intrust a vessel to it. 

Mr. HURLBUT. One ot"Q.cr question : Will the gentleman tell us whether- or not any su.cb. eb..ooi for t.l:}.e education of seamen is now in active operation f 

. 

Mr. GOOCH. I do not know that there is in this country. 

Mr. ARCHER. I beg leavetocorrectthogentleman ; I nuder tand 

there is one in New York and also one in Boston.· Mr. GOOCH. I misunderstood the gentleman's question. I understood him to inquire whether any vessels had already been detailed 

to any such school. 

Mr. HURLBUT. No, sir; my inquiry was whether any such schools are now in operation. 

Mr. GOOCH. The Institute of Technology, in Boston, is very am::- ious to have a vessel detailed for this purpose. So is also a school 

established in tho city of New York. Those gentlemen who are acquainted with the character of tho Boston institution to which I refer 

will at once understand that if that institution takes hold of this 

branch of instruction, the highest skill and the best talent in the 

country will be employed in connection with it. 

It seems to me, Mr. Speaker, t-hat there is here afforclecl an opportunity for educating our merchant marine with little or no expen o to the Government, so that we shall have in that sorvico men who 

will give character to our nation as they go over the world, men who 

will be true represf'ntatives of our people and our Government in 

every port.· Here, sir, is offered n.n opportunity to educate this class 

of men so that they shall honorably represent tho nation whose flag they float. 

Wo all know that when the recent war broke out we " ·ere oblirre<.l 

to call men from the merchant marine to aid in officering our ship~ of Will'. Under the system of instruction proposed uy this bill if the exigency should again arise we can call for a class of educated men to ren- der a service to the Government which they will bo just as competent 

t.o render as they would be if they had l>een educated u.t the expense 

of tl10 Government. 

In addition to that this bill is designed to encourage and promote 

tho study of naval architecture, a branch of study which bas been 

neglected in our country. I certainly hope the bill may receive the 

sanction of the House and become a law. 

The question being taken on agreeing to the substitute, it was agreed 

to. . 

The quet~tion l>eing then taken on ordering tho bill, us amended, to 

lJe read a third time, there were-ayes 46, noes G; no quorum voting. 

1\lr. HOLl\fAN. This is a new scheme of expenditure; and I must 

insist on a quorum. 

Tellers were ordere"d; and Mr. HoLMAN and 1\Ir. GoocH were appointed. 

The House divided; and the tellers reported-ayes 108, noes 20; no quornm- voting. . Mr. GOOCH. I call for the yeas and na.ya. 

Mr. CLYMER. I move that the Honse adjourn. 

Mr. PL.A 'I".r, of Virginia. On that motion I call for the yea.s and nays. 

The yeas and nays were ordered. · 

The question was taken; and there wore-yea.s22, nays 127, not voting 140; as follows: . 

YEAS-Messrs. Barrera, Cain, Cessna., Freeman Clarke, Clymer. Cook, Cox, 

Crooke, Crosslanrl, Danford, Giddingt~, Killinrrer, Leach, Mage , Martin, Merri::un, 

Moore, Ell.is H. R-oberts, Saner, Storm, Jasper D. Ward, and Uharles W . Willar!l-2-2. 

N .A. YS-Messrs . .Albex:t;, .Albright, .Archer, Arthur, Ashe, Atkins, Dannin_g, Bar- ber, Beck, llell, Ben-y Biery Blount, llowen, llra.dley, Bromberg Buckner, Ruffinton, Dun:iy, llurcban~ Duri<'i"'h, Durrowa, Roderick R. Dntler; Cannon, Ca on, .Amos Clark, jr., Clements, Stephen .A.. Cobb, Coburn, Con~r, Corwin, Cotton, 

Crounse, Curtis, Davis, Dobbins, Dorman, Dunnell, Field, 1rort, Frye, Glo•<'r, 

Gooch, Gunckel, Gtrnter, Hancock, Benjamin W. Uarri~, Henry R. llarris, John 

1'. llarris, Harrison, llatchP.r, llavens, John B. Hawley, Joseph ·n .. Hawley, llays, 

Gerry W. Hazelton, John W. H..'\zelton, George F. Hoar, llodges, Holman, Hoskins, Hunton, Hurlbut, Hyde, Kelley, Kellogg, Kendall, Knapp; Lamison, Lampo!tt Lawrell:ce, Lawson, Lowe, ~arshall, ¥-c~ rary, James W. McDill, 1\IacDougall, 

Milliken, Mills, Myers, Neal, N1black, 0 NmJJ, Orr, llosea ,V. Parker, Isaac C. 

Parker, Pendlet-on, Pierce, James H. Platt, jr., '.fhoma1~ C. Platt, Poland, Ray:, Rice, 

Robbins, James W. Robinson, Ross, Rusk, Sawyer, llcnry B. Sayler, Milton Sayltr, 

Henry J. Scudder, ShOftts, ~herwood, Sloan, Slos , Small, .A.. Herr Smith, 8p111>guo, Starkweather, Stone, Stra1t, Townsend, Vance, Wal<lro~ Walla.cl'.', Marcn L. ·ward, Whitehead, 'Vhitehou e, Whitthorne, 'Vilber, Charles G. Williams. Johri 

M. S. Williams, 'Villiam Williams, William B. Willi.a.ms, James Wilson, Woodford, and ·woorlworth-l.Z7. 

NOT VOTING-Me rs . .A.d.ams, Averill, Barnnm, Barry, :Bass, Begole, Bland, Dri~bt, Drown, Benjamin F. Butler, Caldwell, John ll. Clark, jr .. Clayton, Clint{)u 

L. 'Cobb, Comingo, Creamer, Uritteuden, Crocker, Crut-chfield,. DarraH, Dn.we ·. DeWitt, Duell, Durham, Eames, Ellen, E1dred"'e, Elliott Farwell, Foster, Free- man, Garfield, Ha._gans, En .~ene Hale, Robert'S. Halo, .Hamiltou, Harmer, Hathorn, Hendee, Hereford, llerndon, Hersey, E. Rockwood Hoa.r, Hooper. Houg-ht{)n, 

Howe, Hubbell. llunter, Hynes, Jewett, Kasson; Lama.r, Lausing, ·Lewis, Lo!lautl, Lon~h.rirl~e, Lmvnrles, J,uttrell, Lynch, Maynard, Alexnnder S. McDill, McJunkin, McKee, McLean, McNn.ltn, Mitchell, Monroe, Morey, Morrison, No_!!lcv, Ne mitb, Niles, Nunn, O'Drien, Orth, Packard, Packer, Page; Parson., Pelham, 

Perry, Phelps, Phillips, Pike, Potter, Pratt, Pnrm.an, Rainoy; Ranrlall, Ranr<irr, 

Rapier, :Read, P..ichm.ond, 'Villiam R. P..ob rts. J::uncs C. Robinson, Jolrn G . ."elmmaker, Scofield, Isaac W. Scurltler, Se.<>sion.s; Shanks, Sholdon, La1.arns D. Shoe- maker, Smart, George L. Smitk, H. Boardman Smith, J . .A.mblor Smith, John q. Smith, William .A.. Smith, nyder, Southard, Speer, Stanard, t-andiford, ,·t;cplimt , St. John, Stowell, Strawbridge, Swann, Sypher, Taylor, Charlf's R. Thoma , Chris. 

topher Y. Thomas, Thornburgh, Todd, Tremain, Tyner, 'Vaddell, 'Valls, Wells, 

Wheeler, White, Whiteley, George Willard, Willie, Ephraim K. Wilt~on , Jeremiah 

M.Wilson, Wolfe, Wood, John D. Young, and Pierce M. B. Young-140. 

So the House refused to adjourn. 

During the roll-call, 

1\fr. STONE stat-ed that his colleague, Mr. WELLS, was detained a.t 

hi room by sickness. 

Mr. ALBRIGHT tated that his colleague, Mr. SHOEMAKER, wns aboont on account of a de-ath in his family. 
• 1874 . CONGRESSIONAL RECORD. 5127 

:Mr. CONGER stated that his colleague, :Mr. HUBBELL, was absent 

in attond:mce on the District investigating committee. The vote was then announced as above recorded. Mr. HOLMAN. I ask that the llill be again read, aud then if tho 

House chooses to pass it, a quorum being present, I will make no further objection. 

The bill was again read. 

Mr. HOLMAN. I wish to say a word in reference to this measure. We have been told by the gentleman from Massachusetts fMr. GoocH] 

that this will not be any gre8.t expense to the Government. He also 

entertains the opinion that it will be very beneficial in promoting 

the interest of the Government. I do not believe it is by agencies 

like this the interest of the Government can be promoted, or tho interest either of the mercantile marine or of the Navy proper w.W.ch 

is engaged in public affairs. I do not think this is one of the influ- ences lly which our commerce IS to be promoted or our Navy strengtheuecL I do :rtot indulge in any such hope. I am confident, on the 

contrary, if we pu~s this measure we will open up another source of 

expenditure from the public TreaBury. . It is impossible, :Mr. Speaker, to detail vessels from t he Navy with 

professors detailed !rom the ranks of the Navy at the various ports of 

t ho United States without being in its very incept.ion a source of heavy 

expense to the Government. That is inevitable. It is absoiutely 

certain it will ripen into a heavy expense. I do think, circumstanced ·as we are now, an agency like this, which will inevitably lead to an 

expenditure of the public money, should not be voted unless there is some pressing necessity for it and a certainty that the ultimate result 

will be beneficial to the cov-ntry. We know what haB been the 

result of similar attempts in the way of es~ablishing educational 

institutions throughout the country. I think it is an npwise measure, and hope it will be rejected. 

The question recurred on ordering the bill to a third reading. 

The Honse divided; and there were-ayes 72, noes 40. 

So (no further count being demanded) the bill was ordered to a third reading; and it wa-s accordingly -read the third time. 

The question then recurred on the passage of the bill. : ~~

The House divided ; and there were-ayes 70, noes 40. _ 

So (no further count being demanded) the bill was passed. 

l\lr. GOOCH moved to reconsider the vote by whicil .t.he llill was passed ; and also moved that the motion to reconsider be laid on the 

tablo. · Tho latter motion wns agreed to. 

DAHLGRlli~ GUNS. 

1\Ir. GOOCH also, from the same committee, r eported a bill (H. R. 

No. 3742) to authorize the _t)Urchase of certain improvements in ordn:mce; which was ren.fl a first and second time. · The bill authorizes and directs the Secretary of the Navy to pay to 

tho widow of the late Rear-Admiral John A. Dahlgren $50,UOO for and on account of tho pa.'3t pse and the right hereafter to use in the man- ufacture of ordnance and projectiles by the United States each of 

tho improvements patented by said Dahlgren in the form, the mode 

of casting, the finL'5h of naval ordnance, and in casting iron shells; 

and a sufficient sum for this purpose is thcrolly appropriated out of 

any moneys of the Treasury not otherwise appropriated. 1\Ir. HOLMAN. This ought to be considered more carefully than 

it can be considered this evening, and I thQ~"efore su!Igest it go to the 

Committee of the Whole on the Private Calendar. 1 make the point 

of order for that purpose. 

The SPEAKER p1·o te1npore. The Chair sustains the point of order, 

:md the bill is referred to tao Committee of the Whole on the Private 

Calendar and ordered to be printed. 

CHELSEA STREET, BOSTON. 

{r. GOOCH also, from the same committee, reported a bill (H. R. 

No. 3743) to reimburse the city of Boston for certain expenses in- ·curred in the improvement of Chelsea sti·eet, formerly Charlestown, 

in connection with the United States navy-yard; which was read a. first aucl second time. The bill, which was r ead, appropriates out of any money in the 

TreaBnry not "otherwise appropriated the sum of $1,638.53 to reimllur e the city of Boston for expenses incn...·Tetl in the improvement of 

Chelsea street, bordering on the United· States navy-yard, in what was formerly known as Charlestown, Massachusetts. 

Mr. HOLMAN. I will not make the point of order, but I ask the 

report accompanying it be read. · :hlr. GOOCH. Lt>:t the Clerk read the letter of tho Secretary of the 

Na,vy. 

The Clerk road as follows: NAVY DEP A RTiffi:>i'T, 

Washington, January 9, 1874. 

Srn: I have the honor to submit herewith copy of a communication dated the 

12th ultimo, with its respecti\e inclosures, autlre sed to me by Uommouore C. R. P . lwdgers, Chief of the Bureau of Yards and Docks, r elative to a claim made by the 

authorities of Charlestown, Massachusetts. to be reimbursed for e.>..-penses in· 

ourred in the improvement of that portion of Chelsea street bordering on the U nitod 

St&tes navy-yard1 amonntin,g to $1,638.53. As it seems but fair that the Govern- ment should pa.y 1ts proportion of the expense ineurrerl by the city authorities in 

matdng the improvement<~ in question, I woulu r c1!peo!ifully r ecomm(;lllu that Con- gress appropriate the necessary sum for the purP<'SO· Very respectfully, 

Hon. A. H. CRAG~, . 

GOO. l\I. ROBESO~l­

&creta!nJ of the l.Vavy. 

Chairman. Oommitt!e on Nal''l-l Affairs, 1J•~ilo,d 814to; Sen€Ye 

Mr. GOOCII. I will say that the city of Charlestown built a sidewalk around t ho navy-ynrd in t.hat city. The.J' charged to the United 

States Government exactly what they ehar~ed to each of the land- owners on the street for the building of the sidewalk, and tho Secre- tary of the Navywouldhavepaidit but he had no fund from which 

he could take the money, an<.l therefore recommends that Congress 

pay the bill. 

The bill was ordered to be engrossed and rea<!. a third time; and 

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

Mr. GOOCH moved to reconsider the vote by which the bill was passed ; and also moved that the motion to reconsider be laid on the 

ta.ble. 

The latter motion was ~OTeed to. 

D.Al>"'EL 8. 1\lERSHON, JR. 

Mr. HAYS. I am instructed by the Committee on Naval .Affairs to move that tho rules be suspended, and that the bill (S. No. 134) for 

the relief of Daniel S. :Mershon, jr., be taken from tho Speaker's table 

and put upon its passage. 

:Mr. STORM. I rise to a question of order. Under the order under which we meet to-night have we a right to go to the Speaker's table 

:Mr. HAYS. This bill has been considered by the Committoo on Naval Aftairs, and I am instructed to ask its passage. 

The SPEAKER p1·o tcm]X)f'"e. The Cha,ir thinks that the House has a perfect right to go to the Speaker's table for any bill reported from 

the Committee on Naval Aftairs ; but that can only be done by a sus- pension of the rules. . :Mr. FORT. I would like to hear read the order under which the 

Honso met this evening. The SPEAKER 11ro tempo1·e. The Chair overrules the point of order. 

The bill was read. It cli.rocte that there lle paid to Daniel S. Mershon, jr., out of any money in the Treasury not otherwise appropriated, the sum of $46,715.0 , in full payment and discharge of the claim 

of said Mershon for work done Rnd materialfurnished iu the construction of the side-wheel steamer Cimarron. 

Mr. LAWRENCE. How does this bill oome from the Spea,ker's 

tablo'f 

1\lr. HAYS. I do not yield to the gentleman from Ohio. 

?!Ir. LA. WRENCE. I have a right to m&ko a point of order. 

Mr. HAYS. Th<t point of order has been alreooy made and over- ruled. 

Mr. LAWRENCE. The gentleman does not know the _point of 

order I desire to make. 

The SPEAKER pro tempore. The gentleman from Ohio will state 

his point of order. 

Mr. LAWRENCE. The order of the House was t.hat the session 

this evening should bo for the consideration of reports from the Committee on Naval Affairs. I submit that under t.hat order we cannot 

go to the Speaker's table. I ask tha.t the order be read. 

Mr. SCOFIELD. I seJJ.d to the desk the motion I made for thesession this ovenin~- as it appears in the CONGRESSIO~AL RECORD. 

The SPEAKE.K p1·o temp<Jre. The gentleman from Alabama [1\Ir. 

HAYS] sta.ted in his place that this bill had lleon considered in the 

Committee on Naval Affairs. Upo-a that statement the Chair ruled 

that under the order of the House it was in order to move to suspend 

the rules and take t he llill from the Speaker's tablo. The Chair is now informed that tho llill has not been before the Hou e corilmittee, 

and be t.herefore rules that the point of order is well taken. Mr. GOOCH. Before the Chair makes his final ruJing, I should like 

to have the order read. 

1\lr. SCOFIELD. Let it bo rend from the RECORD. The SPEAKER pro wmpo1·e. The Clerk. will read the order under 

which the Honse this evoning is ae.ting. 

Mr. SCOFIELD. The piece of paper which the Clerk holds in 

his haml is not my motion. It is correctly reported in the R~coRD. 

The SPEAKER pro tempore. The Clerk will read the motion as it 

apf.ears in the RECORD, ~nd also the order a.s it appea.rs on the J om- na . The Chair is informed that they are identical. 

The Clerk read from the CoNGRESSIONAL RECORD, a~ follows: 

Mr. ScoFIEt.D. I ask unanimous oonsent th3t a session bo ordered'for Wednesday 

evening next, for business of the Committee on Na.val Affairs, inclu~ bills already 

reportOd but not a{ltecl on. 

1\ir. LAWRENCE. Tha.t does not include bills on the Speaker's 

table: 

The SPEAKER pro wmpoYe. The Clerk will now read the entry on the Journal. · The Clerk read as folloW's : 

Ordered, That W ellnesflay e\enlng next, Ju$ 17, be &et apart for the eonsklera· · t.ion of reports from tho Commitree on Naval Affairs. 

The SPE.A:KER pro tempot·e. The Chair is clearly of opinion that 

under this order of the Honse it is only in order to take up such bills a:-s shall be reported from tho Committee on Naval Affairs, and that 

. the House· cannot go to the Speaker's table for the purpose of taking 

t.herefrom any bill which h:ts not been acted upon by tho committee, 

The Ch~tir was led into his first ruling under a. misapprehension of 

the·:f.wts. 

fr_ •. HAYS: This bilfhas already been consiclerecl':in the Committee on Navalldfarrs;.and I havt:r been· instructed to reiWrt it favorallly. 

The SPEAKER pi"O tempore. Tho Chair rules. th:tt the motion to 

take the bill from the SpeakeF's tnble is not iu o..rder. 
5128 CONGRESSIONAL RECORD. Jm~ 17, 

Mr. HAYS. Then I move that the bill be referred to the Committee 

of the Whole on the Private Calendar. 

Mr. BECK. I object to any motion which will take the bill from 

the Speaker's table. · The SPEAKER pro t-empore. The motion of the gentleman from 

Alabama is not in order. The bill remains on the Speaker'~ table. · 

MRS. SARAH B. FOREST. 

Mr. PLATT, of Virginia, from the_ Commit~ee on Naval ~arrs, re- ported back, with the recommendatiOn t.hat It do pass, the bill (H. R. 

No. 3362) for the relief of Mrs. S:1rah B. Forest, widow of Lieutenant 

Dulaney A. Forest, late of the United States N.avy. The bill, which was read, authorizes and directs the Secretary of 

the Treasury to pay out of any money in. the Trea~ury not otherwise 

appropriated, to Irs. Sarah B. Forest, widow of Lieutenant Dulaney 

A. E orest late of the United States Navy, the sum of $820, which 

shall be ~ full discharge of all claims of said Sarah B. Forest against 

tbo United States for balance due from an. allotment of pay made 

uy her Tate hnsba,nd, ueing the amount due from April1 to December 

G, 1861, at the rate of 100 a month. 

Mr. PLATT, of Virginia,. There is a repo~t accompa-nying this ?ill 

which I send to tho Clerk's desk to be read, If a,ny gentleman desues 

to hear it. I al o send to the desk a letter from the Fourth Auditor, 

which I ask the Clerk to read. 

The Clerk read as follows : 

TREABUltY DEPAI~T!>IE:-!T, FOURTH AUDITOR'S OFFICE, 

June 8, 1874. 

SIR: In answer to your verbal inquiry, I have the h<;mor to ~orm yon that prior to the death of Lieutenant Dulaney A . Forest, late of the Uruted States Navy~ he 

loft nn :illotment of 100 per month, payaule to his wife, Sarah B. Forest. at Norfolk Virginia, upon wh1ch there wM check ed from his pay the snm of . 1,500, while 

the sum of 0 only was paid to his wife, lea "ring a balance still nnpaid of $800. 

Very re pectfully, your obedient servant, . · STEPHE....~ J . W. TABOR, 

Auditor. Hon. J. H. PLATT, 

H()'f.U>eOj Rep1'e&entatives, WMhington, D. a. 

Ir. FORT. I would like to hear the report read. 

The report was read. It sta.tes that some time in June, 1860, Lieu- tenant Dulaney A. Forest, before sailing to the East Indies. on the 

uitecl States steamer Dakota, on United States service, made au allotment of 100 per mouth in favor of his wife, Sarah B. Forest, to 

be deducted from his pay as lieutenant in the Navy, to be paid to 

her at thb United States Navy agency at Norfolk, Virginia. Under 

said allotment whileLieuten:1>nt Forest was ab ent on board the United 

States steamer Dakota, in the service of the United States, there wa dcdu cted from his pay the snm of 1,500 for the benefit of his wife, Sarah 

B. Forest, in a-ccordance with the terms of the allotment; but owing 

to the resi<Ynation of the Navy agent at Norfolk, Virginia, April22, 

18G1, the g~ing out of the State of Virginia, and other causes, only 

$700 of this amount has ever been paid to Mrs. Sarah B. Forest, leav- ing a balance due in her favor and tmpa,id of $820. The committee 

therefore recoinmend the pa.ssage of the bill for her relief in accord- ance with the foregoing facts for the sum of 20. 1\fr. FORT. Who signs that report! 

Mr. PLATT, of Virginia. It is the report of the Committee on Naval Affairs. Mr. FORT. Is that report signed"f 

The SPEAKER p1'o temp01·e. The Chair will inform the gentleman 

from illinois that it is very seldom that a report is signed by a com- mittee. 

Mr. FORT. I would like to know if it hns been printed. The SPEAKER pro tempore. It is not a printed but a written 

report. · Ir. FORT. I desire to ask the gentlem:::m from Virginia one or two questions. I would like the gentlema,n who report.s this bill to 

explain to the House why it is that this officer was not paid, and 

fmther to explain to the Honse where he was in service and what 

his ·ervice was . .Mr. PLA.TT, of Vigiuia. Is that all f 

Mr. FORT. Yes, su·. Mr. PLATT, of Virginia. All that is pretty fully stated in t.he re- port; but as the gentleman would seem not to havo given much attention to the reading of it, I will reply to the inquiries he ha addressljd to me. Lieutenant Forrest while serving in the Navy of the 

Unit.ed States on board a United States vessel ordered to sea, as is the en ·tom with naval officers, allotted to his wife, the lady in whose 

favor this bill is asked to he passed, a ·certain amount of his pay per 

mouth. She received it for I think five or seven months; but after that, owing to the resignation of the naval agent at Norfolk where 

she was living and who had paid her this allotment monthly, she 

n ever received any more. Lieutenant Forre t came home after fif- te n months' service andre ignedfrom the service of the United States. He got to his home at Norfolk and there died of consumption. He nover served a day anywhere except in the service of the United 

States Government. The Fourth Auditor of the Trea nry certifies that 

there is on the books of his Department to the credit of this lady the snm which we ask thn.t she shall be paid. I send to the Clerk's desk 

and ask to have :read the certificate from the :ravy Department a.-s to 

the time when this Navy agent at Norfolk resigned and ceased to pay ~s allottment. · 

The Clerk read a-s follows : 

There. i~ation of George Loyall, Navy a~ent at Norfolk, Virginia, was ac- cepted bytne Navy Department on the 22d of Ap.ril, 18Gl. 

NAVY DEPARTMENT, June 8,1874. 

WILLIAM P. MORAN. 

Mr. PLATT, of Virginia. Gentlemen will observe that this was the resignation of the Navy agent, and not ofthe officer whose widow 

is now seekipg relief. 

Mr. FORT. I wish the gentleman would state to the Honse iu 

what service this officer served ; whether in the Union or in the 

confederate service. 

Mr. PLATT, of Virginia-. In the Union service. He was on boa-rd a United States vessel when this allotment was ma,de and when this 

money became due. 

11r. FORT. In what service was heY 

Mr. PLATT, of Virginia. He never served in any other service 

than that of the United States, and he died at Norfolk a few months 

after returning from this crui e. 

Mr. FORT. I w.ish the gentleman to state to the Hou e further why 

it is that the Auditor certifies that this money is dne to the wido,'V 

and yet she hat~ not dl·awn it. . 

Mr. PLATT, of Virginia. Simply because Congre s in its \visdom saw tit to ena-ct in 1t;62 or 1863, while the war was goinrr on, a law 

which provided that no cla,im should be paid to any per 'gn resiilin<Y 

in any State then in rebellion by any a-ccouutino- officer of the Go'~ • enliD.eot, and the only possible hope of relief -that this widow has, 

nnt;il that general L.'tw is repealed, is to c~me to the Congress of the Urnt~d States and a.sk tbe pas age of a spemallaw for her relief Had 

she liv~d anywhere else except iu one of the States then in rebellion, 

her chum could have been aml would ha.ve been paid by the Treasury 

Department. Lieutenant Forre t died, I believe, iu 1 61 or 1 62. 1Ir. BURLEIGH. I woulrl ask the gentleman from Vir<Yinia if he 

does not know tha.t this man on his arrival on shore, in thh':l country, resi•rned his po ition in the United States service for the purpose of 

entering into the rebel enice Y 

Mr. PLATT, of Virginia. I have said that ho resigned on his re- turn from his crnise. Whatever his purpose might have been I am unable to say; I did not know him personally. But I do kno~ that 

if he had intended to do any such thing, the hand of Providence intervened and prevented it, because he died before he couhl execute 

any such purpose. U is not for me to say what he might have intended. 

1\Ir. FORT. I raise the point of order on this bill that it mnst be 

first considered in Committee of the Whole. 

The SPEAKER pm tentpm·e. If such a point wa.s eyer good on this 

bill it is now quite too late. The bill having been <lisen ed in the 

House the Chair overrules the point of order. . :Mr. FORT. The report of this committee has never been printed; so far as I understand there is no report before the House. I move that the bill be refen:ed to the Committee of the Whole and placed on the Private Calendar. 

1\h'. PLATT, of Virginia. I do not yield for :my such motion. I 

call the previous question. · 

The previous que tion was seconded and the main que tion ordered; 

and under the operation thereof the bill was ordered to be cngro ' ed 

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

and pa ed. 

.1\Ir. PLATT, of Virginia, moveu to reconsider the vote by which the 

bill was passed ; and also moved that the motion to reconsider ue laid on the table. · 

The latter motion was agreed to. 

EDWARD CAVE"NDY. 

1\lr. PLATT of Virginia. I am instructed by the Committee on Naval Affairs to report favorably upon a bill (H. R. No. 2774) for the r~lief of Eclw::trd Cavendy. · 

The question was upon ordering the bill to be eno-rossed and read a tb ird time. 0 

The bill directs the Secretary of the Navy and the proper accounting officers of the Treasury Department to compute thtf time of erv- icc of Edwnord Cavendy a a lieutenant in the volunteer ervice of 

the Navy of the United State in ettling and computing the amonnt 

of his pay as an officer of the regular naval service of the Unitc<l 

States. 

JJI.r. FORT and 1\Ir. HOLMAN raised the point of order that the bill 

must receive its first con ideration iu Committee of the Whole. 1\.lr. PLATT, of Virginia. Allow me to make a brief expla.nation of 

this bill. 

• 1\Ir. HOLMAN. I will reserve my point of order until the report 

is read, if there is one, or until some explanation is made. · 

The SPEAKER p1·o t-ernpo1'e. The gentleman from Indiana [Mr. HoL~AN] reserves his point of order until the bill is explained. 11.Ir. PLATT, of Virginia. I desire to state briefiy-- Mr. FORT. I wish it to be distinctly nnderstood this time that the 

point of order is entertained by the Chair as being made in time. 

The SPEAKER pro tmnpo1·e. Had the gentleman from illinois 

[ fr. FORT] been attending to what the Chair said, he would have 

heard him say that the point of order was reserved uy the gentleman 

from Indiana [11.Ir. HOL~:IAN] until au explanation of the bill was made. 
1874. CONGRESSIONAL RECORD. 5129 

Mr. FORT. I wish to add that I agree with my friend from Indiana. [.Mr. HOL:\IA~] that this ought not to be made an exceptional case. There ouc~ht to be a. repoi"t put on record hero a.ntl printetl. 

Every gentlemau desiring to get a. bill throngh the House ougilt to 

go through that formality. I see no reason why the gentleman from 

Virginia. should come in here and rush his bills through tile Honse 

without any report. That is what I object to. I withdraw my point 

of order in reference to this particular case. The bill was ordered to be engro sed for a. third reading; aml being 

engros ed, was accordingly read the tbirrl. time, and pa sed. Mr. PLATT, of Virginia, movctl to reconsider the vote by whi ·h 

the bill was passed; and also moved that the motion to reconsider be 

lairl on the table. 

The latter motion was agreed to. 

GEORGE H. COOPER. 

Mr. PLATT, of Virginia, from t.he same committee, reported a bill (H. R. No. 3743) authorizing the President to appoint George H. 

Cooper, now a captain on the active list of the Navy, f,o be a .commo- dore; which was read a fh·st and second time, and referred to the 

Committee of the Whole on the Private Calendar. 

Mr. PLATT, of Virginia. This bill is in behalf of an ol~ and mer- itorious officer of the United States Navy. At the breakmg out of 

the rebellion he wa · in the merchant service of the United States, 

comma.ndin(J' an ocean steamer. .A.t the commencement of the war he resigned that place and tendered his services to the Government 

of the United States. He erved through the war gallantly and mer- itoriously as a. lieutenant in the United States Navy. At the close of 

tile war, under a L'l.w pas ed by Congress, he in common whh other 

volunteer officers of the Navy was mustered out of service. He was then appointed a master in the regular nava.l service of the United 

States. In computing his pay the proper accounting officers of the 

Treasury Department gave him credit for the length of time he had served in the Navy during his term of service as a. volunteer officer, 

and he drew pay for four or five years under that construction. 

Afterward a construction was given to the effect that he was not en- titled to have tho time computed and the additional pay allowed for 

length of service as a. volunteer officer, and he wns called upon to re- fund some three or four hundred dollars. In the mean time be had 

been placed on the retired list wit.h the p~ of~ master of the N:wy, 

bavingreached the age when by the law his ret1rement was reqmred. 

This bill provides that the length of time which he served as a volunteer officer of the Navy shall be allowed by the officers of the OFFICERS A.t~D CREW OF THE WYOML"G, ETC. 

Treasury Department determining the amount of pay to which he is Mr. MYERS. I am instructed by tho Committee on Naval Affairs 

entitled as a master in the Navy. to move that the Committee of the Whole on the Private Calen(lar 

1\fr. SCOFIELD. I wish to say a wonl to those gentlemen who are be discharged from the further consideration of the bill (H. R. No. 

thinkin<Y of ma1..ing a point of order upon this bill, if they still think 782) for the relief of the officers and crew of the United States sltip 

of doin~ so. This is a little bill. The old gentleman came before the Wyomin<Y and theTa Kiang. 

Committee on Naval Affairs; there was service in every lineament of Mr. WlLLARD, of Vermont. I suppose that motion requires a two- . the faco, all over his body. Honesty of character was apparent in thirds vote. It is a bill that ought not to pass at any rate. every feature. He is an old Scotchman. Ho obtained the good will The SPEAKER p1'0 tempore. As the Chair understanrls the motion 

of the whole committee. He had all the papers to show how this stop- of the gentleman from Penn ylvania, [Mr. MYERS,] it is that the Compage of his pay had occurred, until there was some three or fotir hun- mit tee of the Whole be discharged from tho further consideration of 

dred dollars which was to be detlucted from his small annual pay, tmtil this biD, and that it be brought before the Honse for consideration. 

the full amount bad been refunded. The committee unanimously The arloption of thls motion requires a suspension of the rules by a a~reecl that it was the most deserving small case they had ever seen. two-thinls vot.e. 

Anll I am very snre that if the gentleman from Dlinois [Mr. FORT] Mr. HOLMAN. This se sion being set apart for the consideration 

and the gentleman fTom Indiana [Mr. HOLMAN] bad seen this old of reports from the Committ(>e on Naval.AffaiTs, I submit that the man as we saw him, they would never raise the point of order here, subject-matter contemplated was reports to be made during thls 

lmt allow him to receive his pay. evening's session by that committee. 

Mr. HOLMAN. I think it is the most unfortunate feature in at- The SPEAKER pro tempore . . The Chair rules that as this bill has 

t emptin()' to pass this kind of bills, that those who are able to come already been considered by tt.e Commit tee on NavaJ. Affairs of the 

here and approach members of Con~rress aml commit, tees of this Honse, and is now upon the Private Calendar, it can properly be taken 

House are very apt to get their claims through. No practice could up by a two-thirds vote. 

be more unjust. The Government should administer not only its l\fr. HOLMAN. I hope the bill will be read before the question is 

j11st.ice lmt its gmtuitioo with even hand and impartially. put. 

Mr. CLEMENTS. I rise to a question of order. I desire to know . The bill was read. 

whether the point of order has been made in this case or whether, The fiTst section provides that the Secretary of State be, and he is 

like Mohammed's coffin, it is hanging between heaven and earth f thereby, authorized and directed to sell so many of tho registered 

The SPEAKER pro tempore. In an'wer to the inquiry of the gentle- bonds of the United States, now untler his control, belonging to tlle man from Illinois [:Mr. CLEl\1ENTS] the Chn:ir will state that the Japanese indemnity fund, as shall r~alize $1~:>,000, and shall pay tile 

gentleman from Indiana, [Mr. ~OLJ\I~N,] avi~g discuss?d ~be p~opo- proceeds of the same to the Secretary of the Navy, who shall cause sition before the House, the pomt of order ralSed by btm 18 wa1ved. the whole amount thereof to be distributed among the officers and 

The point of order imlicated by the gentleman from Illinois, [Mr. crew of the United States ship Wyoming, and officers and crew who 

}'ORT,] if he insists upon it, is yet reserved, he not having discussed manned theTa Kiang on the 5th: 6th, 7th, and 8th days of Septemtho bill. ber, 1 64, the same to be distributed as sea pay to the officers an<l 

Mr. HOL1\fAN. Of cour e I am fully aware that I waivecl the crew attached to the Wyoming, according to the pay-roll of said ship 

-point of order, and I am doing so intentionally. My friend from on the 16th da.y of July, 1863; and to the officers and crew uetachetl 

Illinois bas put himself to unnecessary trouble so far as I am con- from the United States ship Jamestown, and who manned theTa Kicerned. I do not propose to insist upon my point of order. ang, according to the pay-roll of said ship on the 5th, Gth, 7th, and 

Bnt I desil:e to say that this case presents an illustration of an evil 8th days of September, 1864; provided that the provisions of the act 

for which there seems to be no remedy. There aro piled np in your shall be held and taken to be in full satisfaction foT a.ll bounty, ran- committee-rooms thousands and thou ands of claims just as meri- som, or prize-money, or claim therefor, on the part of the officers aml 

torious as thls; but the papers of whlch will nover be looke<l into, crews aforesaiu under any and all existing laws of the United States simply because the claim:1nts are not here in person t-o press their or regulations of tho Navy Department, for the de t1·nction of pimt- cases upon the attention of members. Those claimants who can do ical ve els at Simoniseki, on the 6th day of July, 1863, and bombartlthis enjoy a decided ad vantage over all others. The whole system by ing the forts erected at the Straits of Simoniseki~.in September, 1854. which we attempt to adjust these private claim against the Govern- And if any of the officers or crews aforesaid ha.ll have received any 

ment is wrong. One of two things shonltl be done: either we should bounty, ransom, or prize-money for the service aforesaid, the sumo let t.he decisions of our accounting officers iu these ca es be final, shall be deducted from the amount to be paid such officer or seaman which is undoubtedly the safer course, or we should adopt some gen- under the provisions of this act; and provided further, that no money 

era.l system by which all classes of claims should be a.djnstetl. shall be paid to any a signee of the mru:iner, but only to the mariner 

I have no doubt that this is a meritorious claim. I have no doubt or his duly authorized attorney in bet, or in case of his decease, to 

that the period for which this officer had served ought to have been his legal representatives, excluding any assignee. 

taken into account in determining his pay. Bnt the same difficulty Tlle second section provides that the remainder of the Japane ·e is found in cases·arising in the Army as in·the Navy. There aro be- indemnity fnnd is thereby cuverod into the Treasury of the Unitecl 

fore your committees thousands of bills involving exactly the same States, and the Secretary of the 'lreooury is thereby directed to cancel 

principle; and wherever the claimants can by personal presentation the bonds belonging to the said fund. 

of their cases secure for them the advocacy of gentlemen like my Mr. WILLARD, of Vermont. This is a bill which ought to be disfriend from Virginia [Mr. PLATT] or the gentleman from Pennsylva- cussed. I hope it will not go through in this way without discusniJ. [Mr. SCOFIELD] their ca es secure favorable consideration, while sion. a large mass of ca es equally meritorious remain in the committees 'l'he SPEAKER pro tempore. Debate is not in order. 

with the papers never even opened. The question recurred on the motion to suspend the rules and pa~s 

I clo not press the point of order, but waive it. the bill. 

The SPEAKER pro ten~pore. Does the.gentleman from illinois [Mr. The House divided; arid there were-ayes 55, noes 50; no quorum 

FonT] de iJ·e to raise. a point of order Y · . voting. 

Mr. FORT. So far as I am concerned I withdraw the point of Mr. STORM demanded tellers. 

order, after having heard the statement of the chairman of the com- Tellers were ordered. mitt.ee. Mr. MYERS. I now withdraw the motion to snspend therulesand 

The SPEAKER pro ternpore. The Chair now rules that the bill is I pass the bill, and move to go in Committee of the Whole and take the 

properly before the House. billnp for consideration. I ask the privilege to make a few remarks. 
5130 CONGRESSIONAL RECORD. JUNE 18, 

I am hoarse to-night and ho-pe I will have the imlulgcnGe of the 

House. 

bir. WILLARD, of Vermont. I object, unless the same privilege be 

grr .. nted to the other side. Mr. :MYERS. I have no objection to that. I rlesire simply to say 

that this bill puts into the Treasury of the United States-

.Mr. WILLARD, of Vermont. I object to delmte. 

Mr. MYERS. I ask unanimous consent. 

The SPEAKER pTo temp01·e. Is there objection' 

1\fr. E. R. HOAR. I think objection ought to be made, 3.nd if no one else will do it I object. 

Mr. IlA WLEY, of illinois. The gentleman proposes to move to go 

into Committee of the Whole, and he will have every opportunity 

te discuss the bill. He will have the floor, and I hope he will not 

insiat upon discussing tho bill now. .Mr. MYERS. Then I move to suspend the rules and go into Committee of the Whole for tho purpose of considering this bill. 

The House divided; and there were-ayes 70, noes 52. 

Mr. E. R. HOAR dema.ndcd tellers. 

Tellers were orllered; and Mr. MYERS, and llr. WILLA.RD of Vermont wer~ appointed. 

The House again divided; and the tellers reported-ayes 83, noes 64. 

Mr. 'VILLAH.D, of Vermont., demanded the yeas a.nd nays. 

Mr. E. R. HOAR moved that the House do now adjourn. 

The House divided; and there were-ayes 88, noes 55. 

Mr. MYERS demanded the yeas and nays. 

The House divided; and there were-ayes 25, noes 108. 

So (one-fifth of those present not having voted in the affirmative) 

tho yeas and nays were not ordered. 

So the motion was agreed to; and then (at nine o'clock and thirtyfive minutes p.m.) the House adjourned. 

PETITIONS, ETC. 

The following memori:hls, petitions, and other papers were presented at the Clerk's desk, under the rule, and referred as stated: 

By Mr~ BARBER: The petition of citizens of Jordan, Wisconsin, for 

the passage of the bill to aid in the conetniCf,ion of ·the Continental :Freight Ra.ilway, to the Committee on Railways and Canals. 

By ?tfr. BLAINE: The memorial of John M. BracUey, of Ark~nsas, 

in relation to the seat of Congressman at large from the Sta.te of 

Arkansas, to the Committee on Elections. 

By Mr. HARRIS, of Virginia: The petition of W. P. BtiTWell, to be 

compensated for tobacco improperly taxed, to the Committee on Claim~ 

By Mr. HURLBUT: The petition of citizens of Indiana, for the con- struction of a double-track railway from the Missouri River to tide-. w:tter, to the Committee on Railways and Canals. 

By Mr. McCRARY: The petition of citizens of Iowa, for tlre passage 

of tho bill to aid in the construction of the Continental Freight Railwa.y, to the Committee on·Railways and Canals. · 

By Ur. PARKER, of Missouri: The petH.ion of citizens of Mount 

Pleasant, Gentry County, Missouri, of similar import,. to the same committee. 

-By Mr. SA. YLER, of Incliana: Sixty-three petitions from citizens of 

seventeen States of the Unito(l States, containing 1,234 signa.tures, 

for tho passn.?e of a Jaw authorizing the m::muf:wture of patent-right 

articles by otners than owners of patent right-s upon payment of n. reasonable royalty thereon, to the Committee on Patents. 

By Mr. WHEELER: The memorial of the American Public Health 

Association of New York, praying for the creation by Congress of a competent commission to investigate those great national su.nitm·y 

questions which do not fall within the scope of duties of local health 

organizations, to the Committee on Commerce. 

By Mr. WHlTEHEAD: The petition of Folkes & Winston, William T. Yancey, J. H. C. Winston, and Robert C. Burkholder, of 

Lynch burgh, Virginia, to be compensated for destruction of property ' by United States troops, to the Committee on War Claims. 

By Mr.---: The petition of G. H. Noonan n.nd 74 others, of · Tex..'lB, for the establislunent of an additional Federal judici:tl district 

in the State of Texas; to the Committee on the Judiciary. 

IN. SENATE!. 

THURSD.A. Y, June 18, 187 4 

The Senate met at eleven o'clock a . in. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

On motion of Mr. SPENCER,· and by unanimons consent, the reading 

of the Journal of yeo-terday's proceedings w~ dispe~ with. 

QUARTERMASTER'S CORPS. . 

Mr. SPENCER submitted the following report: 

Tl!e committee of conforonce on the disagreeing votes of the two Houses on tbe bill (H. R. No. 3166) to correct tJ:te date of commission of cort..'lin officers of the 

Army having mot, after fllll anrl free conference, have agreed to r ecommend, and 

do recomm end, to their respective Houses as followf! : First. Thn.t the House of R.opresente.tives eollcm· in Senate amendment number one. 

Second. That the Se-nate recede from it.s amendment nmnber two. 

GEOltG.E E. SPENCER) . ;r. R. WEST, 

M. W . P..ANSOM, 

Managers on !he part of the Senat.e. 

CHARLES AJ,llRIGH'l', 

J. W. NESMITH, · Managers on the part of the House. 

Mr. WADLEIGH. I regret that this matter went to a committee 

of conference in tl1e absence of the chairman of the Committee on Military Affa.irs of the Senate, because there was ~m a,greement between the chairman of the Military Committee acting in behalf of 

those who desired the passage of this bill antl myt:>elf as to these amentl- ments, and it was stated by the chairman of the Iilitary Committee 

to this body that there had been 1111 agreement by which the matter was to be settled by these amenclments. I hope that the chnli·man of 

the committee will retnrn before the aujournment, in which case the 

matter can probably be made I'ight. I move that the repmt be laid on the tn.ble. 

.Mr. SPENCER. I hope that will not be dono. . The PRESIDENT 1Jro tenLpore. The Senator from New Hampshire moves that the repor~ of the committee of conference be lai(l on the 

table. 

The. Chair put the question, and declared that the noes appeared t o prevail. 

Mr. WADLEIGH. I ask for the yeas and nays. I will state that 

I will call up the report again. 

The PRESIDENT pro tempore. The question is not debatable. Those who sustain the call for the yea,s and nays will rise. 

1\Ir. ·wAD LEIGH. I withdraw the motion to lay on the tabl~; and move that the further consiuerat.ion of the report· be postponed. 

Mr. SPRAGUE. Does not a single objection carry it over, it being a report made this morning 7 

The PRESIDENT p1·o tempore. It is a report from o.. conference 

committee, not from a standing committee. 

Mr. WADLEIGH. I move to postpone the report until Saturday. 

1\Ir. SPENCER. I hope it will.not be postponed. I cannot conceive 

wha,t there is in this bill to object to. It meroly places a man cor- rectly on the records of the Army as he ou~ht to be. The law a few 

years ago was viol:tted, and this bill puts him back where he belongs on the roll of the Army. 

1\Ir. DAVIS. As I Ull(lerstand, this is a conference committee's re- port. It is usual for the ·Renate to take up snch reports when presented, and I see no reaso~t why this one should be postponed. · 

The PRESIDEN'l' pro tempore. The question is on the motion to 

postpone. 

The motion was not agreed to. . 

The PRESIDENT p1·o lelnpore. The question is on the report. 

Mr. WADLEIGH. Mr. President, I desire to call the attention of 

the Senate for a short time to the questions involved in this bill. T~ bill provides ~hat Willi~m Myers shaJ.l staml upon the Army · Register for promotion No.5 rnstead of No. 12 on the list of maiors 

in the Qurui:ermaster-General's Dep:1rtment, as he now stands. That 

is, he is advanced over Jameg Belger, James M. Moore, l\L J. Lndin•rton, R.N. Batchelder, Joseph .A. Potter, James J. Dana, ancl Charl~s 

G. Sawtelle, whose CO!fim~sions bear d~t~ before his. He says that 

when he w:IB placefl m his present positiOn that was a decYratlation of him. Now, if this bill passes it 'Yill be a degradation!::> of those 

whom I have named. I desire to sta,te to the Senate, as I proposed 

to do :t>efore the agreement between the chairman of the J\.lilitary 

Committee and myself, the facts ancl the law bearing upon this matter. 

1\fr. President, in 18ofi, upon the re-establishment of the Army a,n 

act was passed which made au increase in the Quartermaster's D e- partment, as follows: Those holding the rank of colonel in the Quartermaster-General's Department were increased from t.hree to six ·making three vacancies to be filled; the lieut.enant-colonels wer~ incre~ed from four to t~n, making six vacan~ies to be filled; the maJors were mcreased from e1ght to fif+-een, making seven vacancies to be 

filled; and it was provided in the same n.ct that there should be fortyfour officer~ in that department holding the rank of captain, a,nd that 

the vacancies created by that act, whether by promotion or otherwise 

should be filled from the volunteer forces according to merit. That 

left the :vacancies created by the .act in those holding the rank of 

colonel, heuten:mt-colonel, and mUJor to be filled accordincr to the 

Army Regulations. The Army Regulation in force at that time ~n regard to promotions W'as.as follows: 

· All vacancies in established regiments nnd corps to the rank of coJonei·shall be 

filled by promotion according ta seniority, except in case of disability or other ·incompetency. 

The constructi~n put npon that Army regulation by Secretary Stan- ton, by General Grant who was then the General of the Armies and 

·by the President of the United States, was that the vacancies cr~atc d by the act in the rank of colonel, lieutenant~colonel, and major could 

be filled by tho President· by selection either ;from the regular Army ·or from the volunteers, and that those vacanmes were not to be filled 

by prom9tion. 

The view of the law which they took ancl the view of tl10 law 

which I t~ke is this: that by ·~established rog~cnts and corps" is 

meant regrment.s and corps wh1ch have had th01r fnll quota of offi-

~ers appointed, ~ud that so loJ?-g as a regiment or corps has not hntl 

Its full quota of officers appomted, all .the. officers appointed to it